HomeMy WebLinkAboutAgenda Council Agenda 012005City of Palm Beach Gardens
Council Agenda
January 20, 2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Russo
Council Member Delgado
Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
January 20, 2005
7:00 P.M.
L PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
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. (Page 5 Approve Minutes from the December 2, 2004 regular City Council
meeting.
b. (Page 12 Approve Minutes from the December 16, 2004 regular City Council
meeting.
C. (Staff Report on Page 18, Resolution on Page 20) Resolution 5, 2005 - Honda
Classic Public Safety Grant. A Resolution of the City Council of the City Of Palm
Beach Gardens, Florida approving a $45,000.00 grant to the Classic Foundation,
Inc. for the sole purpose of hiring off -duty City Police Officers and Fire
Department personnel to provide Security and Emergency Medical Services to
implement the Public Safety Pan for the Honda Classic Golf Tournament; and
providing an effective date.
d. (Staff Report on Page 22, Resolution on Page 24) Resolution 6, 2005 - Approve
an amendment to the Highway Beautification and Maintenance Memorandum of
Agreement. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing the execution of Amendment No.2 to the maintenance
Memorandum of Agreement with the Florida Department of Transportation for
PGA Boulevard and State Road AIA; and providing an effective date.
e. (Staff Report on Page 41, Resolution on Page 43) Resolution 21, 2005 —
Northern Palm Beach County Improvement District Emergency Operation Center.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
supporting Northern Palm Beach County Improvement District's request for state
funding to build its new Emergency Operating Center to be located in Palm Beach
Gardens; and providing an effective date.
f. Pa e 46 Proclamation — Arbor Day
IX. PUBLIC HEARINGS:
Part I — Quasi - iudicial
Part II — Non Quasi - iudicial
a. (Staff Report on Page 47, Ordinance on Page 54) Ordinance 36, 2004 — (2nd
reading and adoption) Northlake Blvd. Properties — Annexation. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida annexing,
pursuant to a petition for voluntary annexation, a parcel of real property
comprising a total of 61.9 acres, more or less, located on the North side of
Northlake Boulevard approximately one -half (0.5) mile west of the intersection of
Northlake Boulevard and Coconut Boulevard, in Palm Beach County, Florida,
which is more particularly described herein; declaring that the voluntary
annexation petition bears the signature of the owner of the real property annexed
hereby; amending article II of the City Charter by redefining the corporate limits;
and providing an effective date.
b. (Staff Report on Page 63, Ordinance on Page 65) Ordinance 46, 2004 - (2nd
reading and adoption) Firefighters' Pension Plan. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to the Firefighters'
Pension Plan; amending Section 38 -69, Code of Ordinances, entitled "exemption
from execution, non - assignability," to comply with chapter 2004 -21, laws of
Florida, to provide that retirees may authorize direct third -party payments as a
deduction from net benefits for specific purposes; providing for codification; and
providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 69, Resolution on Page 75) Resolution 11, 2005 —
Approving a Site Plan Amendment to the Northcorp Planned Community
Development (PCD). A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a Site Plan Amendment to allow for a 17,270 square
foot building on Lot 2 for the 7.0 -acre site which comprises Lots 1 and 2 of the
Northcorp Planned Community Development (PCD), generally located at the
Southwest corner of the intersection of Riverside Drive and Northcorp Parkway,
as more particularly described herein; providing for waivers; providing for
conditions; and providing an effective date.
b. (Staff Report on Pace 105, Resolution on Pace 107) Resolution 22, 2005 — A
contract award for the construction of three traffic signal installations. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a contract award to Signal Group Inc. for the construction of two (2)
temporary and one (1) permanent traffic signal installations, in an amount not to
exceed $ 300,000.00 via an existing contract with the St. Lucie County Board of
County Commissioners for the following locations: State Road 786 (PGA
Boulevard) at Avenue of Champions /Jog Road, State Road 786 (PGA Boulevard)
at Ryder Cup Boulevard, and Burns Road at Allamanda Drive; authorizing the
Mayor and the City Clerk to execute said agreement; and providing an effective
date.
XI. ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Pace 177, Ordinance on Page 180) Ordinance 5, 2005 —
Exempting the City of Palm Beach Gardens from the early voting provision. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida related
to elections; creating a new section 26 -23 Code of Ordinances to be entitled
"Early Voting Exemption "; providing for codification; and providing an effective
date.
XII. ITEMS FOR COUNCIL ACTION /DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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 -8770 (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.
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 2, 2004
The December 2, 2004 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor for
the day, Janie Hagar, and opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Councilmember Levy, Councilmember Valeche, and
Mayor for the Day Jamie Hagar. City Manager Ferris reported Vice Mayor Russo and
Councilmember Delgado would arrive later in the meeting. Mayor Jablin welcomed former
Mayor of Lake Park Willie Wagner as a new resident of the City.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Jablin announced that the presentation of a contractual agreement for services
provided by the City to PBGYAA would be removed since PBGYAA needed time to clarify
points in the agreement, and the companion item (b) under the Consent Agenda, Resolution
152, 2004 regarding that agreement would also be removed. Mayor Jablin announced
modification of Ordinance 45, 2004, and that Councilmember Delgado, who would arrive
later at approximately 8:15 p.m. upon her return from a business trip, had requested item IX
(a) Ordinance 45, 2004, be moved to IX (c) so that she could be present when that item was
heard. Councilmember Levy moved approval of the deletions and modifications as
presented. Councilmember Valeche seconded the motion, which carried by unanimous 3 -0
vote. Since the Orange Bowl Committee representative was not present, Mayor Jablin
announced that presentation would be made as soon as he arrived.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy announced he had provided handouts regarding discussions from the
last Loxahatchee River Management Coordinating Council meeting, and advised they had
voted on two items -- legislative appropriations to request $3.5 million in matching funds, that
the City of Palm Beach Gardens was not included in that, and he had included Resolution
04 -04 on that item. Councilmember Levy also reported there was a vote to include the
Bureau of Land Management on the Loxahatchee River Management Coordinating Council,
and that he had voted in favor of both of the items. Councilmember Valeche reported read
into the record a letter from Rick Audette, Community Services Department, announcing the
City's Junior Pewee Cheerleading Squad had won first place in a competition, qualifying
them to take part in the 2004 National Pop Warner Cheer and Dance Competition in
Orlando, which would cost $15,000 and requesting donations. Councilmember Valeche
noted a substantial amount in donations had been raised, and later in the meeting the coach
would advise how donations could be made. Mayor Jablin congratulated Officer Maria
Vacaro who was selected as a hometown hero by Weekday newspaper and Palm Beach
Academy in Lake Park and received a full day spa treatment at Palm Beach Academy, which
she was enjoying that day. The award was given in recognition of Maria's actions during the
hurricane. Mayor Jablin announced the Big Heart Brigade had fed over 15,000 people for
Thanksgiving and thanked all those who had worked hard on this project.
CITY MANAGER REPORT:
City Manager Ferris reported regarding the City's relationship with the applicant with the
DRI on 2,000 acres of the Vavrus property, Lennar Centex Group, that the group was
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 2
capable of carrying on alone at this point, and asked if the City wanted to gradually withdraw
and since they would be the government review agency for the development order Lennar
Centex would be seeking in the future. Vice Mayor Russo arrived at 7:21 PM. The City
Manager reported they had paid the City everything billed to date. Attorney John Gary
reported Lennar Centex was in favor of the City's withdrawal. Discussion ensued regarding
getting input from residents regarding development of the City to the west. Vice Mayor
Russo made a motion to sever the City's relationship with Tech Partners II, Lennar Centex
Group, in a gradual manner. Councilmember Levy seconded the motion, which carried by
unanimous 4 -0 vote. It was clarified that the intent of the motion was to start the process to
transfer the application to Tech Partners II.
City Manager Ferris noted staff had been directed by the City Council to work with the
county on a memo of understanding regarding an alternative site for Scripps known as the
Briger site. The Briger site was also the site found best suited for the economic development
initiative. A scenario of what would happen if this site were chosen for Scripps was being
developed. Misinformation about the site - -that it could not accommodate 8 million square
feet of research and design- -was being circulated, which was untrue. An upcoming meeting
of the County Commission December 7 in which various items would be discussed regarding
the Mecca site and business leaders by the Business Development Board were requested to
come out to support that site since no other site could accommodate Scripps. Staff was
working to be sure their facts were correct and that Briger could accommodate 8 million
square feet for Scripps, and had established recommendations that would preserve the
integrity of the site. The City Manager presented a general concept plan showing the
requirements of the MOU and the economic development initiative could be met. This was
being done with a 3 -story maximum and surface parking. Jupiter also had been working on
an alternate site. City Manager Ferris requested permission to transmit this additional
information to the County prior to their December 7 meeting, so that when they indicated it
could not be done on the Briger site staff could show that it could. Mayor Jablin noted
accuracy was most important and the County Commission should know what the City of
Palm Beach Gardens could do. Lisa Erlande with the Environmental Land Use Law Center
indicated their organization supported movement of Scripps to either of the alternate sites
because it would be much less damaging on the environment. Prescott Lester, representative
for the Briger property owners, confirmed an offer had been made to Palm Beach County,
the property was still available, and the owners supported Palm Beach Gardens' efforts to
place Scripps on the Briger parcel. The Interlocal Agreement was discussed in regard to
control of roadways. Councilmember Valeche made a motion authorizing the additional
information be transmitted to the County. Councilmember Levy seconded the motion, which
carried by unanimous 4 -0 vote. A statement would be included regarding traffic implications
of development of the property. Vice Mayor Russo was concerned about massive
development on this property if Briger was not chosen by Scripps. Mayor Jablin indicated
the City was interested in bringing the kind of jobs that Scripps would bring. The City
Manager clarified all the other issues would come up in the future. Councilmember Levy
made a motion to also send the true information to the Governor and the legislative
delegation. Councilmember Valeche seconded the motion, which carried by unanimous 4 -0
vote.
ANNOUNCEMENTS / PRESENTATIONS:
Orange Bowl Committee presenting the City Council with an "Obie" Community Spirit
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 3
Award. Mayor Jablin announced "Obie" had arrived. A representative of the Orange Bowl
Committee described the committee's involvement with sports activities in the area, and
made the award to Mayor Jablin. Mayor Jablin presented the representative with a
proclamation proclaiming December 2, 2004 as Orange Bowl Appreciation Day in the City
of Palm Beach Gardens.
COMMENTS FROM THE PUBLIC:
Wendy Walker, Head Coach of the Junior Pewee Cheerleading Group, reported how well the
girls had done representing the City, winning competitions that placed them at the national
competition level. Orlando Puyol, Coach of the Junior Pewee Football Team, expressed their
support for the girls' group and requested donations to help them attend the national
competition. Mayor Jablin urged all present who knew business leaders to contact them to
request donations. Vice Mayor Russo requested the City Manager report to Council at the
next meeting regarding what could be done in this and similar situations.
Will Wagner, 1108 Orinoco Way, commented he spent many years in traffic study, and
regarding the proposed surface parking at the Briger site, parking garages were safer. Mr.
Wagner commented he had heard no one talk about various traffic alternatives other than
Tri -Rail, which was at the edge of the property. Using integrated neighborhood transit could
be done very successfully without having to increase traffic on the highways, and the county
had passed a resolution in 1990 to seriously look at using that type of transportation.
RE -ORDER AGENDA
Mayor Jablin announced that Councilmember Delgado had arrived at 8:32 PM and a motion
would be entertained to reorganize the agenda again to move item (A) back to be first under
ordinances for consideration of first reading. Councilmember Delgado moved approval;
Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
CONSENT AGENDA:
Councilmember Levy moved approval with the exception of item (b). Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items
were therefore approved on the consent agenda:
a. Approve Minutes from the November 4, 2004 regular City Council meeting.
C. Resolution 222, 2004 - Interlocal Agreement with the School Board of Palm Beach
County for the Mutual Use of Recreational Facilities. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an interlocal
agreement with the School Board of Palm Beach County for the mutual use of
recreational facilities within the city; and providing an effective date.
d. Proclamation — "Obie Community Spirit Award"
PUBLIC HEARINGS:
Part I — Quasi - Mayor Jablin reviewed the petitions to be presented and the quasi judicial
procedures that would be followed. The City Clerk swore in all those present who intended
to offer testimony in any of the quasi-judicial cases.
Ordinance 44, 2004 — Parcel 5B rezoning to a Mixed -Use Planned Unit Development (I st
Reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to rezoning; rezoning a parcel of land (known as parcel 5B) consisting of 30 acres,
more or less, located at the Southwest corner of Alternate A I A and PGA Boulevard, as more
particularly described herein, from a Research and Light Industrial Park (MI) zoning
designation to a Mixed Use Planned Unit Development (MXD PUD) overlay zoning
designation with an underlying zoning designation of Mixed Use (MXD) to be known as the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 4
"RCA Center PUD" ; and providing an effective date. No ex -parte communication was
reported, except by Mayor Jablin who reported three conversations with the petitioner's
attorney. The City Clerk read Ordinance 44, 2004 by title only on first reading. Senior
Planner Michael Sanchez announced that Resolution 216, 2004, a companion item to
Ordinance 44, 2004, would require Council action only on second reading which would take
place at the next meeting. Resolution 216, 2004 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for the
approximately 30 -acre property, known as the "RCA Center PUD" ( "A.K.A. Parcel 513"),
located at the Southwest corner of Alternate A I and PGA Boulevard, as more particularly
described herein, to allow the development of 150,000 square feet of retail use, 100,000
square feet of office use, and 50,000 square feet of industrial use; providing for waivers;
providing for conditions of approval; and providing an effective date. Mr. Sanchez presented
the project and answered questions from the City Council. Donaldson Hearing spoke on
behalf of the petitioner. Architect Rick Gonzalez reviewed the architecture and use of urban
design principles. Attorney for the applicant, John Gary, noted for the record there was a
condition of approval requiring construction of Koyoto Gardens Drive, and advised that
procedures for this were being developed. Mayor Jablin declared the public hearing open.
Roger Blangy, resident and representative of Garden Woods to speak about the Tri Rail
station, expressed appreciation the City wanted to have the station located in Parcel 513,
reported five acres of parking would be needed, and asked that this be finalized. Council and
Staff response was they had done what they could to encourage a station on this parcel. Mr.
Blangy requested the developer include a Tri Rail station on their plan. Attorney John Gary
commented regarding the buffer that as much landscaping could be placed in 5 feet as in a
20 -foot buffer. Economic Development Coordinator Delores Key explained this project did
not qualify as a value added project and the applicant was requested to work with the staff on
this issue. The City Council requested more pedestrian walkways, 9 -1/2' parking stalls,
language restricting colors on logos, upgrading the parking structure, increased width of
buffer; and the City Engineer was going to work with the applicant regarding access. Roofs
were acceptable as shown. Hearing no further comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Levy made a motion to place Ordinance
44, 2004 on first reading by title only. Councilmember Delgado seconded the motion, which
carried by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution _2.23, 2004 - Award a contract for electrical services related to sports lighting to
Davco Electrical Contractors Corporation for an amount not to exceed $625,000. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a
piggyback contract to Davco Electrical Contractors Corporation for sports lighting repairs at
seven city park facilities; and providing an effective date. Parks Director Mike Kelly
presented the project. Vice Mayor Russo made a motion to approve Resolution 223, 2004.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 224, 2004 - Awarding a work authorization for Engineering and Architectural
Services for the Burns Road Community Center Renovation and Expansion project to LBFH
in the amount of $651,425. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization for Engineering and Architectural services
with the firm of LBFH, Inc. In connection with the Burns Road Community Center
renovation and expansion project; authorizing the City Manager to execute said
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 5
authorization; and providing an effective date. City Engineer Dan Clark provided a
presentation. Councilmember Delgado made a motion to approve Resolution 224, 2004. Vice
Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 231, 2004 - Establishing a protocol for representing the City before other
government agencies and boards. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, establishing a protocol for representing the city before other
government agencies and boards; and providing an effective date. City Manager Ferris
introduced the resolution for consideration. Discussion ensued regarding statements to the
media and attending advisory board meetings. Vice Mayor Russo requested this matter be
delayed and fully addressed in a few months. Councilmember Delgado suggested a Council
retreat. Lauren Furtado, 4318 Crestdale Street, commented when she was a board liaison she
felt she was a conduit to bring information back and forth, and she favored going back to
having liaisons. Consensus was to drop this matter at this time.
ORDINANCES:
Ordinance 45, 2004 - Amendment to Map "O" of the Comprehensive Plan of the City of
Palm Beach Gardens, entitled "Conceptual Thoroughfare Plan," to delete the portion of
Victoria Falls Boulevard (segment #12). An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida amending Map "O" of the Transportation Element of the
Comprehensive Plan of the City of Palm Beach Gardens. Entitled "Conceptual Thoroughfare
Plan." To delete the portion of Victoria Falls Boulevard (Segment #12) extending from
Military Trail to Alternate AIA; and providing an effective Date. The City Clerk read
Ordinance 45, 2004 by title only. Mayor Jablin declared the public hearing open. Tim
Frohling, 152 Euphrates Circle, commented unfortunately Councilmember Delgado was not
present at the moment Mr. Frohling reported after his comments at the last meeting he was
accused of rumor mongering and lying, which was not the case —his basic source of
information had been Councilmember Delgado as reported in the minutes of Treasure Coast
Planning Council, and invited anyone who questioned his comments to read those minutes,
which were public information. Mr. Frohling asked what was to prevent a representative
from changing their vote in the future. Carolyn Chaplik 715 Hudson Bay Drive, The Isles,
commented due to the lateness of the hour approximately 30 residents of The Isles who had
been present earlier had now left, and they had been present to express their desire to have
Victoria Falls Boulevard removed from the comprehensive plan. Ms. Chaplik expressed
hope the City Council would vote unanimously to remove Victoria Falls Boulevard from the
City's comprehensive plan to protect the health and safety of The Isles residents. Richard
Burns, 1208 Ligurian Road, The Isles, expressed his opinion that since Councilmember
Delgado had voted with the City Council in a unanimous vote on this issue that she should
not have changed her vote and voted the opposite way at Treasure Coast Regional Planning
Council, since she represented the residents of the City of Palm Beach Gardens. Mr. Burns
read from a transcription which had been transcribed from the Treasure Coast Regional
Planning Council meeting of 10/15/04 containing Ms. Delgado's comments made at that
meeting. John Millinson, 1200 Ligurian Road, The Isles, reported he was head of the original
landscape committee and he surveyed the community for damaged trees on the property,
which took him 13 hours over 5 days to walk approximately 2/3 of the property and he did
not think Ms. Delgado had spent that kind of time knocking on every door, and expressed his
opinion that no contact had been made. Will Wagner, 1108 Orinoco Way, The Isles,
indicated he moved there because it was a pedestrian community, and having Victoria Falls
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 6
Drive be a part of a network of roads other than within the Isles would destroy the quality of
the community. Councilmember Delgado responded she would provide the name and
address of all the people whose doors she knocked on and explained that the whole process
had not been made known to the residents, and the Council planned to remove that road from
the thoroughfare plan. Councilmember Valeche made a motion to place Ordinance 45 on
first reading by title only. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 47, 2004 - Amending chapter 26, Code of Ordinances, entitled "Elections" to
provide an alternative method of qualifying for election. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida relating to elections; amending chapter 26, Code
of Ordinances, entitled "Elections" to provide an alternative method of qualifying for
election; providing for codification; and providing an effective date. The City Clerk read
Ordinance 47, 2004 on first reading by title only. City Clerk Patricia Snider presented the
ordinance. Discussion ensued regarding the hardship oath. Jody Barnett, 59 Windsor Lane,
explained under State law changes in method of election could only be done by referendum
and not by ordinance, asked if Councilmember Delgado had filed for her seat by petition,
and if so, how were they verified, who had determined that the proper number of signatures
had been obtained, did she file the undue burden oath, and what happened to those
documents. Vice Mayor Russo commented these questions would be answered and perhaps
the City Manager could bring those answers to the next meeting. The City Attorney reported
she believed under the City's charter that this could be done by Ordinance, and at election
time if someone qualified who could not afford the fee there could be a legal issue.
Consensus was to have this considered by the Charter Review Committee, but if someone
came in it would have to be dealt with at that time.
Ordinance 48, 2004 - Adopting a new Economic Development Element. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida adopting a new Economic
Development Element of the City of Palm Beach Gardens Comprehensive Plan; and
providing an effective date. The City Clerk read Ordinance No. 48, 2004 on first reading by
title only. Councilmember Delgado made a motion to place Ordinance No. 48, 2004 on first
reading by title only. Vice Mayor Russo seconded the motion, which carried by unanimous
vote.
Staff announced the first annual Palm Beach Gardens Youth Festival on Saturday, December
12, to honor positive actions by youth, and explained that donations would be solicited.
The Mayor indicated the MPO would be voting on the 2030 Plan which included six lanes
on PGA Boulevard from Ryder Cup to the turnpike, and asked if this Council wanted six
lanes or four lanes so he would know how he should vote on this issue. Council was in favor
of four lanes on PGA Boulevard.
Mr. Lester asked that information on Ordinance 48, 2004 be given to the owners of the
Briger Tract, and also asked why the property had been taken off the county's
comprehensive plan, and was told his questions would be answered.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 11:30 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
ATTEST:
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 16, 2004
The December 16, 2004 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric
Jablin, and opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to
be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado, Councilmember
Levy, and Councilmember Valeche.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Jablin announced that the applicant had requested Resolution 227, 2004, Plat for Borland
Center, be postponed until January 6; language in Resolution 217, 2004, Gardens Station and
Resolution 16, 2004, Parcel 513 had been modified to address issues raised by City Council at the
last meeting; the public hearing for Ordinance 48, 2004, Economic Development Element,
would be opened and postponed to a date certain because it had to be considered at the same
time as round two of 2004 amendments; and Resolution 232, 2004, Vehicle Purchase Award,
would be moved and heard following the Consent Agenda. Councilmember Delgado moved
approval of the additions, deletions and modifications as presented. Councilmember Valeche
seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported she had been chosen as the Florida Delegate for the National
League of Cities Convention and Conference, which was held in Indianapolis. Councilmember
Levy reported he had attended his first Environmental Community meeting for the League of
Cities, which had voted to send the manatee protection plan to the board of League of Cities;
also environmental control number 2 regarding drinking water had been voted to be sent to the
board, but Councilmember Levy advised he had voted against this because of the requirements
for sprinkler wells; and there had been post hurricane disaster discussion. Councilmember Levy
indicated because so much was happening with Scripps he urged that staff be more active in the
site selection, and proposed a Resolution to that effect. Discussion ensued regarding whether to
share information with all parties involved. It was clarified that Commissioner Marcus had no
problem with the City sharing information with Scripps and with the county. Councilmember
Levy made a motion to direct the City Manager and staff do to all things to cooperate and
communicate information to support the County's effort to locate Scripps in Palm Beach County,
and that includes contacting county, state, property owners, and Scripps; and to update our
Council on an as needed basis until it is necessary to bring a recommendation to the Council for
consideration and vote. Vice Mayor Russo seconded the motion for discussion. Motion carried
by unanimous 5 -0 vote. Councilmember Delgado requested the City join the annexation lawsuit
filed by Wellington to challenge the validity of the county annexation amendment to the charter.
This would mean there would be another named plaintiff in the lawsuit. Other cities had also
been asked to join. Councilmember Delgado made a motion that the City join in the lawsuit.
Motion was seconded by Councilmember Levy. City Attorney Tatum explained the basis of the
lawsuit. Concern was expressed that the City would be filing a lawsuit against the County, and
they had to work closely with the County regarding Scripps. Discussion ensued. Motion carried
by unanimous 5 -0 vote. Vice Mayor Russo reported there had been a meeting regarding the
Honda Classic, and there could be a possibility of bringing Tiger Woods to the event. Vice
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04 2
Mayor Russo asked everyone to support the Mayor in maintaining order in meetings, and to go
through the Chair instead of cross talking. It was noted that staff had been asked to institute a
system for speaking and voting, similar to that used by the County Commission. Mayor Jablin
reported the Hanukkah event had been a great success. Mayor Jablin reported at the MPO
meeting the section of PGA Boulevard slated to become six lanes had been reduced to four, but
the right to return to six lanes was reserved in case the Vavrus property was brought into the
Scripps development.
COMMENTS FROM THE PUBLIC:
Sue Banks, 4335 Elm Avenue, reported she had consulted the Supervisor of Elections Office in
Tallahassee and presented clarification regarding the method of qualifying for elections. Mayor
Jablin noted the Council had decided to forward this issue to the Charter Review Committee.
CONSENT AGENDA:
Councilmember Levy made a motion to approve the Consent Agenda without item "c ".
Councilmember Valeche seconded the motion, which carried by unanimous 5 -0 vote. The
following items were approved on the Consent Agenda:
a. Approve Minutes from the November 18, 2004 regular City Council meeting.
b. Resolution 173, 2004 - Approving the shops of Donald Ross replat of tract "A"
plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the shops of Donald Ross replat of tract "A" plat; and providing an
effective Date.
d. Resolution 228, 2004 - Frenchman's Reserve PCD - Plat F re -plat. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the
Frenchman's Reserve PCD Plat F replat; and providing an effective Date.
e. Resolution 229, 2004 - Deferred Compensation Plan Amendment. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida amending the City's
deferred compensation plan; and providing an effective date.
Mayor Jablin announced that even though item "c" had been removed, the petitioner wished to
speak. Item c: Resolution 227, 2004 - Borland Center Plat. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Borland Center plat; and providing an
effective date. Steve Cohen, Holland & Knight law firm, clarified that the petitioner was
requesting continuance for three reasons which they would like to discuss at the next meeting,
that they hoped to deliver a conservation easement for Council's review and acceptance, to
clarify conditions in the development order 40 and 41 relating to offsite mitigation, and to
approve the plat for Borland Center at the January 6 meeting. Eileen Tucker, 1045 Shady Lakes
Circle, asked if the public could participate on January 6, which was affirmed. The City Attorney
confirmed the amount of offsite mitigation had been determined.
RESOLUTIONS
Resolution 232, 2004 - Vehicle Purchase Award. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida awarding contracts for the purchase of twenty -two vehicles to
Garber Ford, Don Reid Ford, Duval Ford, Beck Dodge, Atlantic Truck Center, Classic
Chevrolet, and Maroone Chevrolet via an existing contract with the Florida Sheriff s association,
Contract No. 04 -12 -0823; and providing an effective date. Staff presentation was made by James
Lund, the Fleet Maintenance Superintendent. Councilmember Delgado made a motion to
approve Resolution 232, 2004. Vice Mayor Russo seconded the motion, which carried by
unanimous 5 -0 vote.
PUBLIC HEARINGS:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04 3
Part I — Quasi
Ordinance 43, 2004 - An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida (presented for second reading and adoption) relating to rezoning; rezoning a parcel of
land consisting of 7.60 acres, more or less, located South of parcel 513, immediately North of the
NorthCorp PCD, East of RCA Boulevard, and West of the FEC Railway, as described more
particularly herein, from a Research and Light Industrial Park (MI) zoning designation to a
Mixed -Use Planned Unit Development (MXD /PUD) overlay with an underlying zoning of
Mixed -Use (MXD), to be known as Gardens Station; revising the zoning district map; and
providing an effective date. Companion Resolution to Ordinance 43, 2004: Resolution 217, 2004
- approval of a rezoning from a Research and Light Industrial Park (M1) classification to a
Mixed Use Planned Unit Development (MXD /PUD). A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for the
approximately 7.60 -acre property, known as the "Gardens Station ", located south of Parcel 513,
immediately North of the NorthCorp PCD, East of RCA Boulevard, and west of the FEC
Railway, as more particularly described herein to allow the development of 12,450 square feet of
general commercial use, 17,550 square feet of medical use, 44,500 square feet of professional
office use, and 3,500 square feet of financial use; providing for waivers; providing for conditions
of approval; and providing an effective date. The City Clerk read Ordinance 43, 2004 on second
reading by title only and companion Resolution 217, 2004 by title only. The following ex -parte
communication was disclosed: Councilmember Delgado met with staff, Councilmember Levy
met with Don Hearing; Vice Mayor Russo spoke with Mr. Catalfumo. Planner Autumn Sorrow
presented the staff report. Vice Mayor Russo indicated he had been confused, thinking this was
the Catalfumo property. Donaldson Hearing made a presentation on behalf of the petitioner.
Councilmember Delgado moved approval of Ordinance 43, 2004 on second reading by title only.
Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. Councilmember
Delgado made a motion to approve Resolution 217, 2004. The motion was seconded, which
carried by unanimous 5 -0 vote.
Ordinance 44, 2004 — Parcel 5B rezoning to a Mixed -Use Planned Unit Development was
presented for second reading and adoption. An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (known as parcel
513) consisting of 30 acres, more or less, located at the Southwest corner of Alternate A I A and
PGA Boulevard, as more particularly described herein, from a Research and Light Industrial
park (Ml) zoning designation to a Mixed Use Planned Unit Development (MXD PUD) overlay
zoning designation with an underlying zoning designation of Mixed Use (MXD) to be known as
the "RCA Center PUD "; and providing an effective date.
Resolution 216, 2004 - Parcel 5B site plan approval. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for the
approximately 30 -acre property, known as the "RCA Center PUD" (A.K.A. Parcel 513), located
at the Southwest corner of Alternate AIA and PGA Boulevard, as more particularly described
herein, to allow the development of 150,000 square feet of retail use, 100,000 square feet of
office use, and 50,000 square feet of industrial use; providing for waivers; providing for
conditions of approval; and providing an effective date. The City Clerk read Ordinance 44, 2004
by title only on second reading, and companion Resolution 216, 2004 by title only. Mayor Jablin
declared the public hearing open. Ex -parte communication was disclosed: Councilmember
Delgado had met with staff; Councilmember Levy spoke with resident Michael Cory; Vice
Mayor Russo reported his ex -parte for this item under the previous agenda item. Senior Planner
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04 4
Michael Sanchez presented changes since first reading. Roger Blangey, Garden Woods resident
and representative for Garden Woods for the Tri Rail Station, commented parking had not been
discussed. Staff explained there was a requirement to come back within 90 days with a plan for
Tri -Rail parking. Mr. Blangey requested notification of the meeting regarding the plan. Hearing
no further comments from the public, Mayor Jablin declared the public hearing closed. The
applicant was urged to seek value added employers. Councilmember Delgado moved approval of
Ordinance 44, 2004 on second reading by title only. Councilmember Valeche seconded the
motion, which carried by unanimous 5 -0 vote. Councilmember Delgado moved approval of
Resolution 216, 2004. Councilmember Valeche seconded the motion, which carried by
unanimous 5 -0 vote.
Resolution 221, 2004 - Mirasol Walk PUD Sun Trust Bank. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida an amendment to the Mirasol Walk Planned Unit
Development (PUD), to allow the construction of a 4,279 square -foot Sun Trust Bank with four
drive -thru lanes and an ATM on an approximately 1.5 -acre parcel, as more particularly described
herein; providing for waivers; providing for conditions of approval; and providing an effective
date. The City Clerk read Resolution 221, 2004 by title only. Mayor Jablin declared the public
hearing open. During disclosure of ex -parte communication, Councilmember Delgado disclosed
that she had met with staff. Senior Planner Brad Wiseman presented the staff report. Mayor
Jablin requested the City do everything possible to facilitate installation of traffic lights on PGA
Boulevard as soon as possible since this shopping center would increase traffic. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed. Councilmember
Delgado made a motion to approve Resolution 221, 2004. Councilmember Levy seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 225, 2004 - Bascom Palmer Eye Institute Site Plan Amendment. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment for
the Bascom Palmer eye institute located within the PGA National Development of Regional
Impact (DRI)/Planned Community Development (PCD) located on the Southwest corner of the
intersection of PGA Boulevard and Fairway Drive, as more particularly described herein, to
allow the development of 57,600 square feet of medical use and 10,380 square feet of
professional office use, for a total of 67,980 square feet; providing for waivers; providing for
conditions of approval; and providing an effective date. The City Clerk read Resolution 225,
2004 by title only. Mayor Jablin declared the public hearing open. During disclosure of ex -parte
communication, Councilmember Delgado disclosed that she had met with staff. Planner Jackie
Holloman presented the staff report. Donaldson Hearing spoke on behalf of the applicant.
Signage and connectivity issues were discussed at length. Issues to be worked out were the
donor sign, connectivity by the "C" building, and change configuration to make sure it was very
safe. Staff requested half an hour to work on changes to the language. Mayor Jablin announced
the public hearing was still open.
Part II — Non Quasi
Ordinance 45, 2004 - Amendment to map "O" of the Comprehensive Plan of the City of Palm
Beach Gardens, entitled "Conceptual Thoroughfare Plan," to delete the portion of Victoria Falls
Boulevard (segment #12), presented for second reading and adoption. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Map "O" of the Transportation
Element of the Comprehensive Plan of the City of Palm Beach Gardens. Entitled "Conceptual
Thoroughfare Plan." To delete the portion of Victoria Falls Boulevard (Segment #12) extending
from Military Trail to Alternate AIA; and providing an effective Date. The City Clerk read
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04 5
Ordinance 45, 2004 on second reading by title only. Carolyn Chaplik, 715 Hudson Bay Drive,
commented The Isles residents still wanted to have Victoria Falls Boulevard removed from the
comprehensive plan. Councilmember Delgado made a motion to approve Ordinance 45, 2004 on
second reading by title only. Vice Mayor Russo seconded the motion, which carried by
unanimous 5 -0 vote. Vice Mayor Russo made a motion to reconsider Ordinance 45, 2004.
Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Mayor
Jablin declared the public hearing open, and Ms. Chaplik's comment was incorporated. Hearing
no further comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Delgado made a motion to approve Ordinance 45, 2004 on second reading by
title only. Councilmember Levy seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 48, 2004 - Adopting a new Economic Development Element, presented for second
reading and adoption. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida adopting a new Economic Development Element of the City of Palm Beach Gardens
Comprehensive Plan; and providing an effective date. The City Clerk read Ordinance 48, 2004
by title only. Mayor Jablin declared the public hearing open. Vice Mayor Russo moved to
continue the public hearing to the meeting of January 6, 2005. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES
Ordinance 46, 2004 - Firefighters' Pension Plan; amending section 38 -69, code of ordinances,
entitled "exemption from execution, non - assignability," to comply with chapter 2004 -21, laws of
Florida. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating
to the Firefighters' Pension Plan; amending section 38 -69, code of ordinances, entitled
"exemption from execution, non - assignability," to comply with chapter 2004 -21, laws of
Florida, to provide that retirees may authorize direct third -party payments as a deduction from
net benefits for specific purposes; providing for codification; and providing an effective date, for
consideration on first reading. Finance Director Owens presented the amendment. a motion was
made to place Ordinance 46, 2004 on first reading by title only. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 225, 2004 — Mayor Jablin announced that the public hearing was still open.
Bernard Elias, PGA National resident and board member, and Chairman of Architectural Review
Committee, reported they wanted the northern access to be an entrance only. They had
compromised after many discussions but this might not be the best solution. Mr. Elias also
discussed monument signage. Configuration concerns were discussed. The City Attorney
suggested two amendments: the first on page 6 to take out the last sentence of the first waiver
which prohibits the donor signs and add additional language - no more than two additional donor
signs may be allowed subject to the approval of the Growth Management Director; and the
second on page 7 Iine3 to delete the language that starts with `except for all non - radial parking
spaces' which would allow the waiver to apply to more parking spaces so the applicant could
meet the number required by code. Growth Management Director Charles Wu advised the
applicant had also agreed donor signs would not exceed 24 ", which was added on page 6.
Hearing no further comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to approve Resolution 225, 2004 with the amendments
read into the record by the City Attorney and the Growth Management Director. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Vice Mayor Russo reported he received a call from former Mayor Martino, who was interested
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/16/04 6
in whether the health insurance for Council could apply to former members. The City Manager
was to research this matter.
CITY ATTORNEY REPORT:
The City Attorney reported that a check had been received which finalized the Suffolk
Construction matter.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 10:37 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR RUSSO
•1� u_u: WWRIT90
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
ATTEST:
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: 12/15/04
Meeting Date: 1120/05
Resolution 5, 2005
Subject/Agenda Item:
Consideration of Resolution 5, 2005, approving a grant in the amount of $45,000.00 to the
Honda Classic Foundation for use in retaining off duty City Police Department and Fire
Department personnel to provide security services and emergency medical services for the
Honda Classic Golf Tournament.
[ X ] Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: $ 45,000.00
Council Action:
Community Services
(Total)
City Attorney
Debbie Andre
[ ] Approved
Christine Tat m
/D"
$
[ ]Approved w/
Current FY
conditions
Finance Director
[ ] Denied
Alan Qwe
j
Funding Source:
[ ] Continued to:
Advertised:N /A
Date:
[ ] Operating
Attachments:
Paper:
[ X ] Other
CONTINGENCY FUND
Submitted by:
Jack Doughney,
[ x ] Not Required
Comm nit, Se
for
Rini
en
Affected parties
[ ]Notified
Budget Acct. #:
001 - 100 - 511.5910
[ ]None
A p r � y.
D
City Manager
[ x ] Not required
Date Prepared: 12/15/04
Meeting Date: 1/20/05
Resolution 5,2005
BACKGROUND:
Staff is recommending the issuance of a $45,000 grant from the City Council Contingency Fund
for F/Y 2004/05 to the Honda Classic Foundation for the sole purpose of hiring off -duty Palm
Beach Garden's police officers and Fire Department personnel to work the event. The officers
will provide security for the general public going to and from the event and the Fire Department
personnel will provide emergency medical services to the Golf Tournament to implement the
Public Safety Plan which was designed to ensure the general safety and well being of the
spectators. The funds will be used for payment of off -duty police details and Fire Department
personnel to implement the Plan.
STAFF RECOMMENDATION:
Approval of Resolution 5,2005
RESOLUTION 5, 2005
2
Date Prepared: December 15, 2004
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING A $45,000.00 GRANT TO
6 THE CLASSIC FOUNDATION, INC. FOR THE SOLE PURPOSE OF
7 HIRING OFF -DUTY CITY POLICE OFFICERS AND FIRE
8 DEPARTMENT PERSONNEL TO PROVIDE SECURITY AND
9 EMERGENCY MEDICAL SERVICES TO IMPLEMENT THE PUBLIC
10 SAFETY PLAN FOR THE HONDA CLASSIC GOLF TOURNAMENT;
11 AND PROVIDING FOR AN EFFECTIVE DATE.
12
13
14 WHEREAS, The Classic Foundation, Inc. (Foundation ") relocated the annual
15 Honda Classic Golf Tournament ( "Golf Tournament ") to the City of Palm Beach
16 Gardens in March of 2003 and held its second successful event in 2004; and
17
18 WHEREAS, the Golf Tournament is a nationally televised, six (6) day event that
19 will draw approximately 30,000 spectators and have a significant economic impact to
20 the City and Palm Beach County, estimated to be in excess of $4.5 million dollars; and
21
22 WHEREAS, the proceeds from the Golf Tournament will be donated to local
23 children's charities, including the City's Police Athletic League; and
24
25 WHEREAS, in order to provide for the security of spectators and to provide
26 emergency medical responses to the general public during the event, the Foundation
27 will be implementing a Public Safety Plan ( "Plan ") for the Golf Tournament and utilizing
28 off -duty City police officers and fire department personnel; and
29
30 WHEREAS, in recognition of the economic impact to the City and to the local
31 charities, and to provide for the safety of those attending the Golf Tournament, the City
32 Council wishes to provide a $45,000.00 grant to the Foundation for implementation of
33 the Plan utilizing off -duty City police officers and fire department personnel; and
34
35 WHEREAS, the City Council specifically determines that the grant of funds from
36 the City Council Contingency Fund for the implementation of the Golf Tournament
37 Public Safety Plan constitutes a proper public purpose and is in the best interest of the
38 public health, safety, and welfare.
39
40
41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
42 OF PALM BEACH GARDENS, FLORIDA that:
43
44 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
45
46
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Date Prepared: December 15, 2004
Resolution 5, 2004
SECTION 2. The City Council hereby authorizes the provision of the Public
Safety Grant in the amount of $45,000.00, providing for the safety of those attending the
Golf Tournament to implement the Plan utilizing off -duty City police officers and fire
department personnel in recognition of the economic impact to the City.
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
, 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
:
Eric Jablin, Mayor
AYE NAY ABSENT
G: \attorney share \RESOLUTIONS \HONDA CLASSIC- PUBLIC SAFETY -RESO 5 2005.doc
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 15, 2004
Meeting Date: January 20, 2005
Resolution 6, 2005
Subject/Agenda Item:
Resolution 6, 2005 — Consider approval of Amendment No. 2 to an agreement dated May
18, 2000, between the City of Palm Beach Gardens and the Florida Department of
Transportation, providing clarification of maintenance responsibilities of PGA Boulevard
from west of 1 -95 to US Highway 1, and A1A from north of RCA Drive to Gardens
Boulevard.
[ X ] Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: 0.00
Council Action:
Angela Wong
(Total)
Projects Manager
City Attorney
Community Services
Department
[ ] Approved
0.00
[ ]Approved w/
Current FY
conditions
[ ] Denied
Finance Ad ' is ator
Advertised: N/A
Funding Source: N/A
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
• Resolution 6, 2005
• Exhibit A: Agreement dated
May 18, 2000 w /FDOT
• Exhibit B: Amendment No.
2
Submitted by:
[ ] Not Required
Jack Doughney,
Community Servic
Ad inistr
De rtment Dire r
Affected parties
[ ]Notified
Budget Acct. #: N/A
[ ]None
prove by; ���
City Manager
[ ] Not required
Date Prepared: December 15, 2004
Meeting Date: January 20, 2005
Resolution 6, 2005
BACKGROUND: In May 2000, the City entered into a Maintenance Memorandum of
Agreement with the Florida Department of Transportation (FDOT) for the construction of
improvements to State Road 786 (PGA Boulevard) to be extended over A1A, which is
known as the PGA Flyover Project. The project limits included PGA Boulevard from west of
1 -95 extending east to Fairchild Gardens Avenue, and A1A from north of RCA Drive to
Gardens Boulevard. The agreement was amended in June 2001 to extend maintenance
responsibilities on PGA Boulevard further east to US Highway 1 due to additional
improvements made by FDOT.
Since the PGA Flyover Project includes specialty amenities that were included into the
project at the City's request, the FDOT is requiring clarification of the maintenance
responsibilities, which are identified in Amendment No. 2.
STAFF RECOMMENDATION: Approve Resolution 6, 2005 authorizing the execution of
Amendment No. 2 to an agreement dated May 18, 2000, between the City of Palm Beach
Gardens and the Florida Department of Transportation, providing clarification of
maintenance responsibilities of PGA Boulevard from west of 1 -95 to US Highway 1, and
Al from north of RCA Drive to Gardens Boulevard.
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Date Prepared: December 15, 2004
RESOLUTION 6, 2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AUTHORIZING THE EXECUTION OF
AMENDMENT NO. 2 TO THE MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR PGA BOULEVARD AND STATE ROAD
A1A; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City entered into a Maintenance Memorandum of Agreement
with the Florida Department of Transportation (DOT) on May 18, 2000, as part of the
requirements associated with the construction of the PGA Boulevard bridge over State
Road A1A, attached hereto and incorporated herein as Exhibit "A "; and
WHEREAS, the City and DOT desire to clarify the maintenance responsibilities
of the City; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
authorizes the execution of Amendment No. 2 to the Maintenance Memorandum of
Agreement with the Florida Department of Transportation (DOT), attached hereto as
Exhibit "B."
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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PASSED AND ADOPTED this day of
ATTEST:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
Date Prepared: December 15, 2004
Resolution 6, 2005
.2005.
CITY OF PALM BEACH GARDENS, FLORIDA
Fin
Eric Jablin, Mayor
AYE NAY ABSENT
G:\ attorney _share \RESOLUTIONS\Amendment 2 to memo of agmt with fdot - reso 6 2005.doc
2
IV
Date Prepared: December 15, 2004
Meeting Date: January 20, 2005
Resolution 6, 2005
Exhibit A
Maintenance Memorandum of Agreement
' r
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION and
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF- MAINTENANCE
THIS AGREEMENT, made and entered into this It day of Aay P%,'204, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY of PALM
BEACH GARDENS, a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the "AGENCY ".
WITNESSETH:
WHEREAS,as part of the continual updating of the State of Florida Highway System, the
Department, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain a six (6)_ lane highway facility as described in Exhibit "A" attached
hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside the travel way to the right of way line, excluding sidewalk,
shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick -up and necessary
replanting; and
WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution N47. :2000 dated 10,4,f t A� , t�'a '
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to now each to the
other, the parties covenant and agree as follows:
The DEPARTMENT hereby agrees to install .or cause to be installed landscaping on the
highway facilities as specified in plans and specifications hereinafter referred to as the
Project; and incorporated herein as Exhibit "B"
2. The AGENCY, agrees to maintain the landscaping within the medians and areas outside the
travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting,
mowing, fertilizing, litter pickup and necessary replanting, following the Department's
"landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance
shall include all landscape /turfed areas and areas covered with interlocking pavers or similar
type surfacing (hardscape) within the median and areas outside the travel way to the right of
way line, excluding sidewalk, on Department of Transportation right -of- way within the
limits of the Project. Such maintenance to be provided by the AGENCY is specifically set
out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2)
pruning such parts thereof which present a visual hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or
removing or replacing those that fall below original project standards. All plants removed
for whatever reason shall be replaced by plants of the same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hardscape areas free
from weeds and replacement of any areas becoming in disrepair so as to cause a safety
hazard. To maintain also means to keep litter removed from the median and areas outside
the travel way of the right of way line. Plants shall be those items which would be
scientifically classified as plants and include but are not limited to trees, grass, or shrubs.
The above named ftinctions to be performed by the AGENCY, shall be subject to periodic
inspections by the Department. Such inspection findings will be shared with the AGENCY and
shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The
AGENCY shall not change or deviate from said plans without written approval of the Department.
3. If at any time after the AGENCY has assumed the landscaping installation and/or
maintenance responsibility above- mentioned, it shall come to the attention of the
Department's District Secretary that the limits or a part thereof is not properly maintained
pursuant to the terms of this Agreement, said District Secretary may at his option issue a
written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the of
AGENCY, to place said AGENCY on notice thereof. Thereafterthe AGENCY shall have
a period of thirty (30) calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the Department may at its option,
proceed as follows:
(a) Maintain the landscapingor a part thereof, with Department or contractor's personnel
and invoice the AGENCY for expenses incurred, or
(b) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or contractor's personnel, all of the landscaping installed
under this Agreement or any preceding agreements except as to trees and palms and
charge the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted at any time in the future as determined to be
necessary by the Department in order that the adjacent state road be widened, altered or
2
otherwise changed to meet with future criteria or planning of the Department. The
AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after
which time the Department may remove same.
5. The Department agrees to enter into a contract for the installation of landscape project for
an amount not to exceed $ 1,200,000 as defined in Attachment "C ".
The Department's participation in the project cost, as described in Attaclunent "C" is limited to only
those items which are directly related to this project. The agencies landscape architect or designee
shall assist the Department in final inspection and provide written acceptance of the Project.
6. The AGENCY agrees to reimburse the Department all monies expended for the project,
should the landscaped area fail to be maintained in accordance with the terms and conditions
of this Agreement.
7. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following ten (10) days written notice.
(b) By the Department, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
The term of this Agreement commences upon execution.
9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
Department, its officers and employees from all suits, actions, claims and liability arising out
of the AGENCY's negligent performance of the work under this agreement, or due to the
failure of the AGENCY to maintain the Project in conformance with the standards described
in Section 2 of this Agreement.
10. The AGENCY may construct additional landscaping within the limits of the rights -of -ways
identified as a result of this document, subject to the following conditions:
A. Plans for any new landscaping shall be subject to approval by the Department. The
AGENCY shall not change or deviate from said plans without written approval by the
Department.
B.All landscaping shall be developed and implementedin accordance with the current Florida
of Department of Transportation Roadway and Traffic Design Standard index 546,
3
C. Clear zone/horizontal clearance as specified in the Plans Preparation Manual- Metric
Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets Exhibit D,
D. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
E. If irrigation is to be installed, the Department shall be provided accurate as built plans
of the system so if in the future there is a need for the Department to preform work in the
area, the system can be accommodated as much as possible,
F. If it becomes necessary to provide utilities to the median or side areas (water /electricity)
it shall be the AGENCY'S responsibility to obtain a permit for such work through the
local maintenance office,
G. During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTCD and the current
Department Roadway and Traffic Design Standards (series 600).
H. The AGENCY shall provide the local maintenance office located at
a twenty -four (24) hour access telephone number
and the name of a responsible person that the Department may contact,
I. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours
(9AM to 3PM)
J. The AGENCY shall be responsible to clear all utilities including the signal system
communication cable with in the project limits,
K. The AGENCY shall notify the local maintenance office forty -eight (48) hours prior to
the start of the project,
L. The AGENCY agrees to comply with the requirements of this Agreement with regard
to any additional landscaping installed;
M. No change will be made in the payment terms established under item number five (5) of
this Agreement due to any increase in cost to the Department resulting from the installation
of landscaping added under this item.
11. This writing embodies the entire agreement and understanding between the parties hereto and
there are `no other agreements and understanding, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
12. The Department, during any fiscal year, shall not, expend money, incur and liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the Comptroller of the
Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
4
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000.00 and which have a term for a period of more than 1 year.
13. The Department's District Secretary shall decide all questions, difficulties and disputes of
any nature whatsoever that may arise under or by reason of this Agreement, the prosecution
or fulfillment of the service hereunder and the character, quality, amount and value thereof;
and his decision upon all claims, questions and disputes shall be final and conclusive upon
the parties hereto.
14. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
15. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY
C-1
Attest:
(SEAL)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
Attest: A
Executive Secr
Approval as to Date Approval as to
Form Form
E
Date
EXHIBIT "A"
PROJECT LOCATION
SECTION NO.93001
FIN NO.(s): 2297715201
COUNTY: Palm Beach
S.R. NO.: 7861811
PGA Boulevard from Station 100 + 75 (west of 1 -95) east to Station 118 + 50 (east
of Farichild Gardens Avenue) and S.R. 811 from Station 443 +20 ( north of RCA
Drive) to Station 456 + 25 ( Gardens Boulevard)
n
SECTION NO.:
FIN NO:
COUNTY:
S.R. NO.:
EXHIBIT "B"
93001
22977115201
Palm Beach
786/811
The Department agrees to install the Project with a contractor in accordance with the
plans and specifications attached hereto and incorporated herein.
Please see attached plans.
F
SECTION NO.:93001
FIN NO: 22977115201
COUNTY: Palm Beach
S.R. NO.: 786/811
ATTACHMENT "C"
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant Agreement
between the State of Florida, Department of Transportation and the AGENCY.
Dated
Landscaping and irrigation
I. PROJECT COST: $1,200,000
C! %W PDOC%ADkWADSF.M { grov,7 /Ny$)
8
DISTRICT FOUR (4)
AMENDMENT TO HIGHWAY BEAUTIFICATION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
DSF- MAINTENANCE
This is an Amendment to the Agreement made and entered into on May 18,2000,
by and between the State of Florida Department of Transportation hereinafter called the
"Department" and the City of Palm Beach Gardens, a political subdivision of the
State of Florida, hereinafter called the "Agency ".
WITNESSETH
WHEREAS, the parties entered into the Agreement for the purpose of providing
funding for a landscape project and identify the AGENCY'S responsibility for the future`
maintenance on State Road 786 from Station 100 +75(west of I -95) east to Station
118 +50(east of Fairchild Gardens Avenue) & State Road 811 from Station 443 +20(north
of RCA Drive to Station 456 +25 (Gardens Boulevard) and
WHEREAS, the parties desire to increase the project limits to allow for
additional landscaping and maintenance responsibilities:
NOW THEREFORE, for and in consideration of mutual benefits that flow each
to the other, the parties covenant and agree as follows:
1. Attachment "A ", as contained in the May 18, 2000 Agreement reflecting the
project location is hereby amended by the Attachment "A" attached hereto and
incorporated herein.
2. Attachment "C" as contained in the May 18, 2000 Agreement reflecting the
project cost is hereby amended by the Attachment "C" attached hereto and incorporated
herein.-
3. Except as modified by this amendment, all terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have cause these presents to be
executed this aSoow 21 ,2001.
City of
By:
APPROVED AS TO FORM AND
COPLRECTNESS:
BY
SEAL
r ;
State of Florida
Department of Transportation pF F�o,�i�
0
District Secretary, o?
OF TM P�yQ
Lega Approval
EXHIBIT "A"
PROJECT LOCATION
SECTION NO.93001
FIN NO.(s): 22977115201
22975615201
COUNTY: Palm Beach
S.R. NO.: 786/811
Additional roadway section: From Fairchild Gardens Avenue east to U.S. #1
SECTION NO.:93001
FIN NO: 22977115201
22975615201
COUNTY: Palm Beach
S.R. NO.: 786/811
ATTACHMENT C
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant Agreement
between the State of Florida, Department of Transportation and the AGENCY.
Dated
I. PROJECT COST: $ 1,4401000.00
May 18,2000
Landscaping and irrigation 1,200.000.00
FIN# 22977115201
Additional Landscaping
& irrigation
FIN# 22975615201 240,000.00
TOTAL $ 17440,000.00
Date Prepared: December 15, 2004
Meeting Date: January 20, 2005
Resolution 6, 2005
Exhibit B
Amendment No. 2
DISTRICT FOUR (4)
AMENDMENT TO HIGHWAY BEAUTIFICATION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
This is Amendment Number Two to the Agreement made and entered into on May
18, 2000, by and between the State of Florida Department of Transportation hereinafter
called the "Department" and the City of Palm Beach Gardens, a political subdivision
of the State of Florida, hereinafter called the "Agency ".
WITNESSETH
WHEREAS, the parties entered into the Agreement for the purpose of providing
funding for a landscape project and identify the AGENCY'S responsibility for the future
maintenance on State Road 786 from Station 100 +75 (west of I -95) east to US -1 & State
Road 811 from Station 443 +20 (north of RCA Drive) to Station 456 +25 (Gardens
Boulevard) and
WHEREAS, the parties desire to incorporate additional maintenance
responsibilities:
NOW THEREFORE, for and in consideration of mutual benefits that flow each
to the other, the parties covenant and agree as follows:
1. The second sentence of the first paragraph of Section 2 and the forth sentence
of the second paragraph of Section 2 contained in the May 18, 2000 Agreement reflecting
the AGENCY'S responsibility for maintenance is hereby amended by the Attachment
"D" attached hereto and incorporated herein.
2. Except as modified by this amendment, all terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have cause these presents to be
executed this , 200—.
City of Palm Beach Gardens
By:
APPROVED AS TO FORM AND
State of Florida
Department of Transportation
District Secretary
CORRECTNESS:
BY: Legal Approval
(SEAL)
S °•..1`lturit'L_tur lscape h9C)r1 I trlderrbil:),� Amendrnents.SP 78) 229771 1'I302)_doc
SECTION NO. 93001000
FIN NO.: 229771- 1 -52 -01
COUNTY: Palm Beach
S.R. NO.: 786 and 811
EXHIBIT D
(GENERAL)
PROJECT MAINTENANCE
This Exhibit forms an integral part of the District Four (4) Highway
Beautification and Maintenance Memorandum of Agreement Dated May 18, 2000
between the State of Florida, Department of Transportation and the AGENCY.
Only changes to the original document text are italicized for clarity.
The second sentence of the first paragraph of Section 2 is deleted and the
following inserted:
The AGENCY's responsibility for maintenance shall include all landscape /turfed
areas and areas covered with interlocking pavers, er similar type surfacing, composed of
nonstandard decorative esthetic features such as the towers and related artwork, planters
and related drainage, and fountain (hardscape) within the median and areas outside the
travel way to the right of way line, excluding standard concrete sidewalk, on Department
of Transportation right -of -way within the limits of the Project.
The fourth sentence of the second paragraph of Section 2 is deleted and the
following inserted:
To maintain also means to keep the towers, artwork, planters and related drainage, and
fountain function and appearance including cleaning or painting as originally
constructed and hardscape areas free from weeds and replacement of any areas becoming
in disrepair so as to cause a safety hazard.
S:\R2aint•.[.an lscape`•_�1pr1 Folders \MQA Anrendrnents`SR 786 219771 11B0 2j.doc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 10, 2005
Meeting Date: January 20, 2005
Resolution 21, 2005
Subject/Agenda Item: Supporting Northern Palm Beach County Improvement District's
Request for State Funding to Build its New Emergency Operating Center to be Located
in Palm Beach Gardens.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
(Total)
City Attorney
$
[ ] Approved
[ ]Approved w/
C�X(/
Current FY
conditions
[ ] Denied
Finance Director
Advertised:
Funding Source:
[ ] Continued to:
Date:
[ ] Operating
Attachments:
Paper:
[ ] Other
• Resolution 21, 2005
• Letter to Ron Ferris
from Northern Palm
Beach County
Improvement District
Dated January 7,
2005
Submitted by:
[ x ] Not Required
Department irector
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Appprro�vedQ by
�
City Manager
[ x ] Not required
Date Prepared: January 10, 2005
Meeting Date: January 20, 2005
Resolution 21, 2005
BACKGROUND: The Northern Palm Beach County Improvement District (Northern),
located in Palm Beach Gardens, is responsible for storm water management in a 128 -
square -mile jurisdiction in northern Palm Beach County, which includes portions of ten
local governments.
Northern's experience with Hurricanes Frances and Jeanne intensified its commitment to
improve its emergency preparedness capabilities. Northern is proposing to build a new
emergency operations center that will benefit landowners and residents, as well as other
municipalities and local governments, and is requesting $600,000 from the Florida
Legislature to reduce the cost of this new facility.
STAFF RECOMMENDATION: A motion to approve Resolution 21, 2005, as presented, to
support Northern's request to the Florida Legislature for funding of a new emergency
operations center.
Date Prepared: January 10, 2005
1 RESOLUTION 21, 2005
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA SUPPORTING NORTHERN PALM
6 BEACH COUNTY IMPROVEMENT DISTRICT'S REQUEST FOR
7 STATE FUNDING TO BUILD ITS NEW EMERGENCY OPERATING
8 CENTER TO BE LOCATED IN PALM BEACH GARDENS; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the Northern Palm Beach County Improvement District is
13 responsible for storm water management in a 128 - square -mile jurisdiction in northern
14 Palm Beach County; and
15
16 WHEREAS, an Emergency Operations Center is essential to ensure successful
17 storm water management for all residents and landowners within the District's
18 jurisdiction; and
19
20 WHEREAS, the District plans to build a new Emergency Operations Center in
21 Palm Beach Gardens; and
22
23 WHEREAS, the new Center will include telemetry, communications, fuel,
24 standby generators, and support for essential staff, and will be constructed to withstand
25 a Category Five storm; and
26
27 WHEREAS, the City Council has deemed approval of this Resolution to be in the
28 best interest of the citizens and residents of the City of Palm Beach Gardens.
29
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
32 OF PALM BEACH GARDENS, FLORIDA that:
33
34 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
35
36 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida
37 supports the Northern Palm Beach County Improvement District's plans to construct a
38 new Emergency Operations Center and urges the Florida Legislature to fund such
39 construction.
40
41 SECTION 3. This Resolution shall become effective immediately upon adoption.
42
43
44
45
46
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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29
30
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36
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41
42
43
44
45
46
47
PASSED AND ADOPTED this
ATTEST:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
Date Prepared: January 10, 2005
Resolution 21, 2005
day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
Eric Jablin, Mayor
AYE NAY ABSENT
\\ Pbgsfile\Attorney \attorney_share \RESOLUTIONS \supporting NPBCID emergency center -reso 21 2005.doc
III
c�
January 7, 2005
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
357 HIATT DRIVE, PALM BEACH GARDENS, FLORIDA 33418 • 561 - 624 -7830 • FAX 561 - 624 -7838
Mr. Ron Ferris
City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Dear Mr. Ferris:
As you know from our application to the City of Pam Beach Gardens, Northern has
designed a new Administration Building, including an Emergency Operating Center
capable of withstanding a Category 5 hurricane. Attached is a package of information
about this program. The total project cost is approximately $3.2 million. We have
prepared a Community Budget Issue Request and are asking the Florida Legislature for a
$600,000.00 appropriation which we will use to reduce the cost of this new facility. The
purpose of this letter is to request a resolution of support from the City of Palm Beach
Gardens.
Please feel free to contact me with any questions you may have regarding this letter.
Thank you for your cooperation.
Sincerely,
O'Neal Bardin, Jr.
Executive Director
VISIT OUR WEBSITE AT WWW.NPBCID.ORG
® PRINTED ON RECYCLED PAPER
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day was first observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world, and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the economic
vitality of business areas, and beautify our Community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me
as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
.January 21, 2005 as:
ARBOR DA Y
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands; and further, I urge all citizens to
plant trees to gladden the heart and promote the well -being of this and future
generations.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal oj'the City
of Palm Beach Gardens, Florida, to be affixed on this 201" day of January in the Year
Two Thousand and five.
Attest:
Mayor Eric Jablin
Patricia Snider, City Clerk
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 17, 2004
Meeting Date: January 20, 2005
Ordinance 36, 2004
Subject/Agenda Item:
Ordinance 36, 2004 /Petition AX- 04 -01- Proposed Annexation for a 61.9 Acre Parcel off of
Northlake Boulevard
Public Hearing & Second Reading: A request by Dodi Glas of Urban Design Studio, on behalf
Spear Northlake, L.L.C., to petition the City to annex an undeveloped 61.9 acre parcel that is
currently located in unincorporated Palm Beach County. The subject parcel is located on the
north side of Northlake Boulevard, approximately 0.5 miles west of the intersection of Northlake
Boulevard and Coconut Boulevard.
[X) Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
City Council Action:
Planning and Zoning �U
`U
Growth Management:
[ ] Approved
Division Director
Project
Costs: $ N/A
[ ] App. w/ conditions
Talal Benothman, AICP
Manager
g
Total
[ ] Denied
Autumn Sorrow
[ ] Rec. approval
City Attorneys
Planner
$ N/A
[ ] Rec. app. w/ conds.
Christine Tatum
Current FY
[ ] Rec. Denial
Development
[ ] Quasi —Judicial
[ ] Continued to:
Compliance N/A
[ ] Legislative
Funding Source:
Bahareh Keshavarz- Wolfs,
[ X ] Public Hearing
AICP
[ ] Operating
Advertised:
Attachments:
Growth Ma a t
Date: 12/29/2004 and
[X] Other NA
• Ordinance 36,
Administra r
1/05/05
2004
Charles K. Wu, AICP
Paper: The Palm Beach
Budget Acct. #:
* PB Post Act
Post
NA
• Florida Statutes
Approved By:
for Voluntary
is
annexation
onald $er
-�
[ X] Required
• Site ma P
•� — r4eA—n' j
[ ] Not Required
• Annexation Area
City Manager
Map
Affected parties:
[ X ] Notified
[ ] Not Required
Date Prepared: December 17, 2004
Meeting Date: January 20, 2005
Ordinance 36, 2004
EXECUTIVE SUMMARY
Spear Northlake, L.L.C., the owner of an undeveloped 61.9 acre parcel that is currently located
in unincorporated Palm Beach County on the north side of Northlake Boulevard, approximately
0.5 mile west of the intersection of Northlake Boulevard and Coconut Boulevard, initiated a
request to annex the property. On August 19, 2004, the City Council held a public hearing to
review the subject petition and after considerable discussion the applicant requested a
continuation of the public hearing. The City Council granted the continuation request. On
September 30, 2004, the City Council held a public hearing on first reading and recommended
approval to pass this petition unto second reading. Staff recommends approval of Ordinance 36,
2004.
BACKGROUND
The applicant is requesting annexation of a 61.9 acre vacant parcel that is currently located in
unincorporated Palm Beach County. The subject parcel is located on the north side of Northlake
Boulevard, approximately 0.5 mile west of the intersection of Northlake Boulevard and Coconut
Boulevard. The subject site is bounded on the north and east by property owned by Vavrus
Development, to the west by two vacant parcels and to the south by Northlake Boulevard.
Concurrently with this voluntary annexation request, the applicant is seeking a future land -use
map amendment to redesignate the site from the Palm Beach County future land -use designation
of Rural Residential 20 (RR20) to the Palm Beach Gardens future land -use designation of
Residential Very Low (RVL), which allows up to one dwelling unit per acre.
LAND USE & ZONING
Table 1: Current Land Use and Zoning Designation
Annexation Area
Land Use Palm Beach Count
Zoning Palm Beach County)
61.9 acre parcel
RR 20 (Rural Residential 20)
AR (Agricultural Residential District)
SURROUNDING FUTURE LAND USES & ZONING DISTRICTS
Table 2: Surrounding Existing & Future Land Uses & Zoning Districts
DIRECTION
LAND USE
ZONING
Rural Residential 20 (RR20) — Vavrus Tract (Palm
PDA (Planned Development Area)
NORTH
Beach Gardens)
(Palm Beach Gardens)
Northlake Boulevard and Rural Residential 2.5
AR (Agricultural)
SOUTH
(RR2.5) (Palm Beach County)
Residential District (Palm Beach
County)
Rural Residential 10 (RR10) — Vavrus Tract (Palm
PDA (Planned Development Area)
EAST
Beach Gardens)
(Palm Beach Gardens)
Rural Residential 20 (RR20) — Palm Beach County
AR (Agricultural)
WEST
Residential District (Palm Beach
Count
3
Date Prepared: December 17, 2004
Meeting Date: January 20, 2005
Ordinance 36, 2004
FLORIDA STATUTES
Section 171.044, Florida Statutes, outlines the general criteria that an area being considered for
voluntary annexation must satisfy before a municipal government can proceed with an
annexation request that is applicant initiated.
(1) The owner or owners of real property in an unincorporated area of a county which is
contiguous to a municipality and reasonably compact may petition the governing body of said
municipality that said property be annexed to the municipality.
(2) Upon determination by the governing body of the municipality that the petition bears the
signatures of all owners of property in the area proposed to be annexed, the governing body may,
at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine
the boundary lines of the municipality to include said property. Said ordinance shall be passed
after notice of the annexation has been published at least once each week for 2 consecutive
weeks in some newspaper in such city or town or, if no newspaper is published in said city or
town, then in a newspaper published in the same county; and if no newspaper is published in said
county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at
some conspicuous place in said city or town. The notice shall give the ordinance number and a
brief, general description of the area proposed to be annexed. The description shall include a map
clearly showing the area and a statement that the complete legal description by metes and bounds
and the ordinance can be obtained from the office of the city clerk.
The application satisfies these criteria.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The proposed annexation area is included in the City's Potential Future Annexation Area (map
attached) as outlined in the City's Comprehensive Plan.
STAFF RESPONSE TO THE PROPOSED ANNEXATION
The owners of the subject parcel have petitioned the City for the annexation of said parcel into
the municipal boundaries of the City. The proposed annexation area is compact and lies solely in
unincorporated Palm Beach County. To the north and east of the subject site is the Vavrus Tract,
which is located in the municipal boundaries of the City. The subject site is contiguous to the
existing municipal boundaries.
In summary, the proposed annexation meets the requirements of Chapter 171 concerning
the character of the area to be annexed.
4
Date Prepared: December 17, 2004
Meeting Date: January 20, 2005
Ordinance 36, 2004
PLANNING, ZONING AND APPEALS BOARD
On June 8, 2004, the Planning, Zoning and Appeals Board held a public hearing to review the
subject petition and voted 6 -0 to recommend approval of the subject petition to the City Council.
CITY COUNCIL
On August 19, 2004, the City Council held a public hearing to review the subject petition and
after considerable discussion the applicant requested a continuation of the public hearing. The
City Council granted the continuation request. On September 28, 2004, all council agenda items
were postponed to the meeting of September 30, 2004. On September 30, 2004, the City Council
held a public hearing on first reading and recommended approval to pass this petition unto
second reading.
STAFF RECOMMENDATION
Staff recommends approval of petition AX -04 -01 /Ordinance 36, 2004.
5
Proposed Amendment to Ordinance 36, 2004
SECTION 3. The City Council hereby annexes into the City of Palm Beach Gardens an
area of contiguous, compact, unincorporated territory located on the north side of
Northlake Boulevard, approximately one -half (0.5) miles west of the intersection of
Northlake Boulevard and Coconut Boulevard, for the following described real property:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FROM THE SOUTHERLY 1/4 CORNER OF SAID SECTION 16 TRAVEL N00 027'07 "E,
ALONG THE SOUTHERLY 1/4 LINE OF SAID SECTION 16, A DISTANCE OF 687.82
FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT -OF -WAY LINE
OF THE 100 FOOT WIDE LAKE PARK WEST ROAD; THEN TRAVEL S89 038'16 "E,
ALONG THE SAID NORTHERLY RIGHT -OF -WAY LINE OF LAKE PARK WEST
ROAD, A DISTANCE OF 1,333.18 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE S89 038'16 "E ALONG THE SAID NORTHERLY RIGHT -OF -WAY LINE OF
THE 100 FOOT WIDE LAKE PARK WEST ROAD, A DISTANCE OF 430.75 FEET TO
A POINT; THENCE TRAVEL N00 046'39 "E A DISTANCE OF 2,018.50 FEET TO A
POINT IN THE EASTERLY 1/4 LINE OF SAID SECTION 16; THENCE TRAVEL
N88 034'03 "W ALONG THE SAID EASTERLY 1/4 LINE OF SAID SECTION 16 A
DISTANCE OF 430.76 FEET TO A POINT; THENCE TRAVEL S00 046'39 "W, A
DISTANCE OF 2,026.54 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING:
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FROM THE SOUTHERLY QUARTER SECTION CORNER OF SAID SECTION 16
TRAVEL N00 027'07 "E, ALONG THE SOUTHERLY QUARTER SECTION LINE OF
SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING
ON THE NORTHERLY RIGHT -OF -WAY LINE OF LAKE PARK WEST ROAD; THENCE
TRAVEL S89 038'16 "E, ALONG THE SAID NORTHERLY RIGHT -OF -WAY LINE OF
LAKE PARK WEST ROAD, A DISTANCE OF 1,763.93 FEET TO THE POINT OF
BEGINNING; THENCE TRAVEL N00 046'39 "E, A DISTANCE OF 2,018.50 FEET TO A
POINT IN THE EASTERLY QUARTER SECTION LINE OF SAID SECTION 16;
THENCE TRAVEL S88 034'03 "E, ALONG SAID EASTERLY QUARTER SECTION LINE
OF SECTION 16; A DISTANCE OF 914.13 FEET TO THE EAST ONE QUARTER
SECTION CORNER OF SAID SECTION 16; THENCE TRAVEL S01 006'33 "W ALONG
THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 2,001.54 FEET TO AN
INTERSECTION WITH THE SAID NORTH RIGHT -OF -WAY LINE OF THE 100 FOOT
WIDE LAKE PARK WEST ROAD, THENCE N89 038'16 "W, ALONG THE SAID NORTH
RIGHT -OF -WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 902.50 FEET
TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING
2,696,386 SQUARE FEET OR 61.901 ACRES, MORE OR LESS as shown on the map
attached hereto as Exhibit "A ".
Ordinance 36, 2004
Date Prepared: July 22, 2004
EXHIBIT A
eF
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= PGA
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z Subject Site
NORTH LAKE
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Date Prepared: July 22, 2004
I ORDINANCE 36, 2004
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
5 BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A
6 PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF REAL
7 PROPERTY COMPRISING A TOTAL OF 61.9 ACRES, MORE OR
8 LESS, LOCATED ON THE NORTH SIDE OF NORTHLAKE
9 BOULEVARD APPROXIMATELY ONE -HALF (0.5) MILES WEST OF
to THE INTERSECTION OF NORTHLAKE BOULEVARD AND
11 COCONUT BOULEVARD, IN PALM BEACH COUNTY, FLORIDA,
12 WHICH IS MORE PARTICULARLY DESCRIBED HEREIN;
13 DECLARING THAT THE VOLUNTARY ANNEXATION PETITION
14 BEARS THE SIGNATURE OF THE OWNER OF THE REAL
15 PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE
16 CITY CHARTER BY REDEFINING THE CORPORATE LIMITS; AND
17 PROVIDING AN EFFECTIVE DATE.
18
19
20 WHEREAS, the City of Palm Beach Gardens has received an application (AX-
21 04 -01) from Dodi Glas, on behalf of Josephine Basile, for annexation of an undeveloped
22 61.9 -acre parcel that is currently located in Palm Beach County into the City of Palm
23 Beach Gardens; and
24
25 WHEREAS, the area to be annexed is contiguous to the City and is reasonably
26 compact; and
27
28 WHEREAS, the annexation of the area will not result in the creation of any
29 enclave; and
30
31 WHEREAS, the area to be annexed meets the requirements of Section 171.044,
32 Florida Statutes, concerning the character of the area to be annexed; and
33
34 WHEREAS, the annexation area is included in the City's Potential Future
35 Annexation Area of the City's Comprehensive Plan; and
36
37 WHEREAS, the Growth Management Department has reviewed said application
38 and has determined that it is sufficient; and
39
40 WHEREAS, this annexation petition (AX- 04 -01) was reviewed by the Planning,
41 Zoning, and Appeals Board at a public hearing on June 8, 2004, which recommended
42 approval by a vote of 6 -0; and
43
44 WHEREAS, the City Council determines that adoption of this Ordinance is in the
45 best interests of the citizens and residents of the City of Palm Beach Gardens.
46
Date Prepared: July 22, 2004
Ordinance 36, 2004
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
2 OF PALM BEACH GARDENS, FLORIDA that:
4 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
6 SECTION 2. The City Council of the City of Palm Beach Gardens finds that the
7 written petition for voluntary annexation filed with the City bears the signatures of the
8 owners of the real property hereby annexed into the City.
10 SECTION 3. The City Council hereby annexes into the City of Palm Beach
11 Gardens an area of contiguous, compact, unincorporated territory located on the north
12 side of Northlake Boulevard, approximately one -half (0.5) miles west of the intersection
13 of Northlake Boulevard and Coconut Boulevard, for the following described real
14 property:
15
16 LEGAL DESCRIPTION:
17
18 A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
19 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
20 DESCRIBED AS FOLLOWS:
21
22 FROM THE SOUTHERLY 1/4 CORNER OF SAID SECTION 16 TRAVEL N00 027'07 "E,
23 ALONG THE SOUTHERLY 1/4 LINE OF SAID SECTION 16, A DISTANCE OF 687.82
24 FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT -OF -WAY LINE
25 OF THE 100 FOOT WIDE LAKE PARK WEST ROAD; THEN TRAVEL S89 138'16 "E,
26 ALONG THE SAID NORTHERLY RIGHT -OF -WAY LINE OF LAKE PARK WEST
27 ROAD, A DISTANCE OF 1,333.18 FEET TO THE POINT OF BEGINNING; THENCE
28 CONTINUE S89 038'16 "E ALONG THE SAID NORTHERLY RIGHT -OF -WAY LINE OF
29 THE 100 FOOT WIDE LAKE PARK WEST ROAD, A DISTANCE OF 430.75 FEET TO
3o A POINT; THENCE TRAVEL N00 046'39 "E A DISTANCE OF 2,018.50 FEET TO A
31 POINT IN THE EASTERLY 1/4 LINE OF SAID SECTION 16; THENCE TRAVEL
32 N88 034'03 "W ALONG THE SAID EASTERLY 1/4 LINE OF SAID SECTION 16 A
33 DISTANCE OF 430.76 FEET TO A POINT; THENCE TRAVEL S00 046'39 "W, A
34 DISTANCE OF 2,026.54 FEET TO THE POINT OF BEGINNING.
35
36 TOGETHER WITH THE FOLLOWING:
37
38 A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
39 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
4o DESCRIBED AS FOLLOWS:
41
42 FROM THE SOUTHERLY QUARTER SECTION CORNER OF SAID SECTION 16
43 TRAVEL N00 027'07 "E, ALONG THE SOUTHERLY QUARTER SECTION LINE OF
44 SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING
45 ON THE NORTHERLY RIGHT -OF -WAY LINE OF LAKE PARK WEST ROAD; THENCE
46 TRAVEL S89 038'16 "E, ALONG THE SAID NORTHERLY RIGHT -OF -WAY LINE OF
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Date Prepared: July 22, 2004
Ordinance 36, 2004
LAKE PARK WEST ROAD, A DISTANCE OF 1,763.93 FEET TO THE POINT OF
BEGINNING; THENCE TRAVEL N00 146'39 "E, A DISTANCE OF 2,018.50 FEET TO A
POINT IN THE EASTERLY QUARTER SECTION LINE OF SAID SECTION 16;
THENCE TRAVEL S88 034'03 "E, ALONG SAID EASTERLY QUARTER SECTION LINE
OF SECTION 16; A DISTANCE OF 914.13 FEET TO THE EAST ONE QUARTER
SECTION CORNER OF SAID SECTION 16; THENCE TRAVEL S01 006'33 "W ALONG
THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 2,001.54 FEET TO AN
INTERSECTION WITH THE SAID NORTH RIGHT -OF -WAY LINE OF THE 100 FOOT
WIDE LAKE PARK WEST ROAD; THENCE N89 138'16 "W, ALONG THE SAID NORTH
RIGHT -OF -WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 902.50 FEET
TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING
2,696,386 SQUARE FEET OR 61.901 ACRES, MORE OR LESS.
SECTION 4. The boundaries of the City of Palm Beach Gardens, Florida are
hereby redefined and shall include the above - described real property, and the property
is hereby declared to be within the City's corporate limits.
SECTION 5. Section 2 -1 of the City Charter, entitled "Boundaries," is hereby
amended to reflect the property annexed into the City by this Ordinance.
SECTION 6. The City Clerk is hereby directed to file a copy of this Ordinance
with the Clerk of the Circuit Court, Palm Beach County, the Chief Administrative Officer
of Palm Beach County, and the Department of State within seven (7) days of the
adoption of the Ordinance.
SECTION 7. Codification of Section 3 of this Ordinance is hereby authorized and
directed.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: July 22, 2004
Ordinance 36, 2004
PASSED this W —�* day of s 6'r AM 6VX , 2005, upon first reading.
PASSED SAND ADOPTED this
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
IM
Christine P. Tatum, City Attorney
G:\attorney _share \ORDINANCES\annexation ORD 36, 2004.doc
day of , 2005, upon second
4
FOR AGAINST ABSENT
NO. 760868
CITY OF PALM BEACH GARDEN$
REVISED NOTICE OF
PUBLIC HEARING
PROPOSED ANNEXATION
PLEASE TAKE NOTICE that this advertisement revises the Notice
published on December 22, 2004 relating to Ordinance 36,
2004 and CANCELS the Public Hearing noticed therein for Janu-
ary 6, 2004.
PLE„ SE TAKE NOTICE that the City Council of the City of Palm
Beach Gardens, Florida will conduct a Public Hearing on January
20, 2005, at 7:00 p.m., or as soon thereafter as can be heard, at
the Municipal Complex Building located at 10500 North Militay
Trail, Palm Beach Gardens, Florida regarding:
ORDINANCE NO. 36, 2004
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH
GARDENS, FLORIDA ANNEXING, PURSUANT TO A PETITION
FOR VOLUNTARY ANNEXATION, A PARCEL OF REAL PROPERTY
COMPRISING A TOTAL OF 61.9 ACRES, MORE OR LESS, LOCATED
ON THE NORTH SIDE OF NORTHLAKE BOULEVARD APPROXI-
MATELY ONE -HALF (0 _.5) MILE WEST OF THE INTERSECTION OF
NORTHI AKE BOULEVARD AND COCONUT BOULEVARD, IN PALM
BEACH COUNTY, FLORIDA WHICH IS MORE PARTICULARLY W
SCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXA-
TION PETITION BEARS THE SIGNATURE OF THE OWNER OF THE
REAL PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF
THE CITY CHARTER BY REDEFINING THE CORPORATE LIMBS; AND
PROVIDING AN EFFECTIVE DATE.
All members of the public are invited to attend and participate in
said public hearing. All documents pertaining to said Ordinance
may be inspected by the public in the Growth Management
Department located at the Municipal Complex Building during
tegular business hours, Monday through Friday, 8:00 a.m. - 500
p.m. except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that if any interested
party wishes to appeal any decision made by the City Council
with respect to any matter considered at this public hearing, such
interested persons will need a record of the proceedings and maanryy
need to ensure that a verbatim record is made, including the 44-
many and evidence upon which the appeal is to be based.
In accordance with the Americans With Disabilities Act and Sec-
tion 286.26, Florida Statutes, ersons with disabilities needir�
special accommodations in order to participate in this proc=
in g are entitled to the provision of certain assistance at no coif.
Please call the City Clerks Office at 561- 799 -4122 no Icier
than 5 days prior to the hearing if this assistance is requirQ.
For hearing impaired assistance, please call Florida Relay
vice Numbers 800- 955 -8771 (TDD) or 800 - 955 -8770 (VO )
Patricia Snider, City Clerk
PUBLISH: Wednesday, December 29, 2004
0
•
NO. 760869
CITY OF PALM BEACH GARDENS
NOTICE OF PUBLIC HEARING
PROPOSED ANNEXATION
PLEASE TAKE NOTICE that the City Council of the City of Palm
Beach Gardens, Florida, will conduct a Public hearing on January
20, 2005, at 7:00 p.m., or as soon thereafter as can be heard, at
the Municipal Complex Building located at 10500 North Military
Trail, Palm Beach Gardens, Florida regarding:
ORDINANCE 36, 2004
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
!EACH GARDENS, FLORIDA, ANdEXM1G, PURSUANT TO A
PETMON FOR VOLUNTARY ANNEXATION, A PARCEL OF REAL
PROPERTY COMPRISING A TOTAL OF 61.9 ACRES, MORE
OR LESS, LOCATED ON THE NORTH SIDE OF NORTHLAIE
BOULEVARD APPROXIMATELY ONE -HALF (0 5) MILE WEST OF
THE NMRSEC11ON OF NORTHLAIE BOULEVARD AND COCONUT
10LAJE1l'ARD, IN PALM BEACH COUNTY, FLORIDA, WHICH IS
MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE
VOLAffW .ANVEXATTON PETITION BEARS THE SIGNATURE
OF 3* OMIW OF THE REAL PROPERTY ANNEXED HEREBY;
AW4" ARME B OF THE CITY CHARTER BY REDEFINING THE
CONORAT UNTS; AND PROVIDING AN EFFECTIVE DATE.
PGA
sa.
All members of the public are invited to attend and participate in said
fx"ic hearing. All documents pertaining to said Ordinance may be
inspected by the public in the Growth Management Department
booted at the Municipal Complex Building during regular business
hours, Monday through Friday, 8:00 a.m. - 5:00 p.m., except for
holidays.
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party
wishes to appeal any decision made by the City Council with respect
to any matter considered at this public hearing, such interested
persons will need a record of the proceedings and may need to
ensure that a verbatim record is made, including the testimony and
evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act and Section
286.26, Florida Statutes, persons with disabilities needing special
accommodations in order to participate in this proceeding are
entitled to the provision of certain assistance at no cost. Please call
the City Clerk's Office at 561- 799 -4122 no later than 5 days prior
to the bearing if this assistance is required. For hearing impaired
assistance, lease call the Florida Relay Service Numbers: 800 -955-
8771 (TDDjor 800- 955 -8770 (VOICE).
Patricia Snider, City Clerk
PUK SI* Wednesday, January 5, 2005
•
(�- 1/'Ldos-
171.044 Voluntary annexation. --
(1) The owner or owners of real property in an unincorporated area of a county which is
contiguous to a municipality and reasonably compact may petition the governing body of
said municipality that said property be annexed to the municipality.
(2) Upon determination by the governing body of the municipality that the petition bears
the signatures of all owners of property in the area proposed to be annexed, the governing
body may, at any regular meeting, adopt a nonemergency ordinance to annex said
property and redefine the boundary lines of the municipality to include said property.
Said ordinance shall be passed after notice of the annexation has been published at least
once each week for 2 consecutive weeks in some newspaper in such city or town or, if no
newspaper is published in said city or town, then in a newspaper published in the same
county; and if no newspaper is published in said county, then at least three printed copies
of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said
city or town. The notice shall give the ordinance number and a brief, general description
of the area proposed to be annexed. The description shall include a map clearly showing
the area and a statement that the complete legal description by metes and bounds and the
ordinance can be obtained from the office of the city clerk.
(3) An ordinance adopted under this section shall be filed with the clerk of the circuit
court and the chief administrative officer of the county in which the municipality is
located and with the Department of State within 7 days after the adoption of such
ordinance. The ordinance must include a map which clearly shows the annexed area and
a complete legal description of that area by metes and bounds.
(4) The method of annexation provided by this section shall be supplemental to any other
procedure provided by general or special law, except that this section shall not apply to
municipalities in counties with charters which provide for an exclusive method of
municipal annexation.
(5) Land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves.
(6) Upon publishing or posting the ordinance notice required under subsection (2), the
governing body of the municipality must provide a copy of the notice, via certified mail,
to the board of the county commissioners of the county wherein the municipality is
located. The notice provision provided in this subsection shall not be the basis of any
cause of action challenging the annexation.
History.—s. 1, ch. 74 -190; ss. 4, 5, ch. 75 -297; s. 3, ch. 76 -176; s. 2, ch. 86 -113; s. 1, ch. 90 -171; s. 16, ch.
90 -279; s. 16, ch. 98 -176.
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 29, 2004
Meeting Date: January 20, 2005
Ordinance 46, 2004
Subject/Agenda Item: Ordinance 46, 2004 - Amending the Firefighters' Pension
Fund to Comply with Chapter 2004 -21, Laws of Florida, by Authorizing Direct
Third -Party Payments as a Deduction from Net Benefits.
[] Recommendation to APPROVE
[ Recommendation to DENY
Reviewed by:
Originati ept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
[ ] Approved
$
[ ]Approved w/
Current FY
conditions
[ ] Denied
Finance Dire r
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ ] Other
Ordinance 46, 2004
• Actuary's Opinion
Letter
Submitted
[ x ] Not Required
Department Director
Affected parties
[ ]Notified
Budget Acct. #:
[ ]None
AA p�by:
City Manager
[ x ] Not required
Date Prepared: November 29, 2004
Meeting Date: January 20, 2005
Ordinance 46, 2004
BACKGROUND: This Ordinance amends Section 38 -69 of the Firefighters' Pension Fund
to comply with Chapter 2004 -21, Laws of Florida. Specifically, it provides that retirees may
authorize direct third -party payments as a deduction from net benefits for specific
purposes.
This amendment does not result in enhancements that would have a financial impact on
the funding requirements of the plan, and a copy of the actuary's opinion to that effect is
attached.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 46, 2004
adopting the Firefighters' Pension Fund revisions on second and final reading.
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Date Prepared: November 22, 2004
ORDINANCE 46, 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE FIREFIGHTERS$
PENSION PLAN; AMENDING SECTION 38 -69, CODE OF
ORDINANCES, ENTITLED "EXEMPTION FROM EXECUTION,
NON - ASSIGNABILITY," TO COMPLY WITH CHAPTER 2004 -21,
LAWS OF FLORIDA, TO PROVIDE THAT RETIREES MAY
AUTHORIZE DIRECT THIRD -PARTY PAYMENTS AS A
DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the 2004 Florida Legislature enacted Chapter 2004 -21, Laws of
Florida, which authorizes the trustees of the City's firefighters' pension plan, when
authorized by a retiree or retiree's dependent, to make certain deductions from monthly
retirement payments; and
WHEREAS, an amendment to the City Code is necessary to permit such
deductions; and
WHEREAS, the trustees of the City of Palm Beach Gardens Firefighters' Pension
Plan have requested and approved such an amendment as being in the best interests
of the participants and beneficiaries and improves the administration of the plan; and
WHEREAS, an actuarial impact statement is not necessary since this
amendment is not a change in plan benefits; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
is in the best interest of the citizens and residents of the City of Palm Beach Gardens,
Florida.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 38 -69, Code of Ordinances, entitled "Exemption from
Execution, Non - Assignability," is amended to read:
Sec. 38 -69. Exemption from Execution, Non
Except as otherwise provided by law, the pen
benefits accrued or accruing to any person unde
and the accumulated contributions and the cash
under this division are hereby exempted from and
and shall not be subject to execution, attachm
process whatsoever and shall be unassignabl(
Date Prepared: November 22, 2004
Ordinance 46, 2004
ignability
3ions, annuities, or any other
r the provisions of this division
securities in the fund created
state, county, or municipal tax
ant, garnishment, or any legal
except the recipient of anv
:s to withhold from the monthlv
city, to pay the certified bargaining agent of the 0ity, and to make any payments
for child support or alimony.
SECTION 3. Codification of this Ordinance is h
SECTION 4. This Ordinance shall become effe
(The remainder of this page left i
2
authorized and directed.
immediately upon adoption.
ly blank)
Date Prepared: November 22, 2004
Ordinance 46, 2004
1 PASSED this day of , 2004, upon first reading.
2
3 PASSED AND ADOPTED this day of , 2004, upon
4 second and final reading.
5
6
7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
8
9
10 BY:
11 Eric Jablin, Mayor
12
13
14 Joseph Russo, Vice Mayor
15
16
17 Annie Marie Delgado, Councilmember
18
19
20 David Levy, Councilmember
21
22
23 Hal R. Valeche, Councilmember
24
25
26 ATTEST:
27
28
29
30 BY:
31 Patricia Snider, City Clerk
32
33 APPROVED AS TO FORM AND
34 LEGAL SUFFICIENCY
35
36
37
38 BY:
39 Christine P. Tatum, City Attorney
40
41
42
43
44
45
46
47 \\ Pbgsfile\Attorney\attorney_share \ORDINANCES \fire pension amendment - ord 46 2004.doc
3
FOSTER
i
6290 CORPORATE COURT, C -201
TELEPHONE FORT MYERS, FLORIDA 33919
(239) 433 -5500
October 4, 2004
Ms. Margie M. Adcock
Vice President of Plan Administration
The Pension Resource Center, Inc.
4360 Northlake Blvd., Suite 206
Palm Beach Gardens, FL 33410
Re: City of Palm Beach Gardens
Firefighters' Retirement Trust Fund
Dear Margie:
FACSIMILE
(239) 481 -0634
We have reviewed the proposed Ordinance which accompanied your letter dated
September 30, 2004 (copy attached), amending the plan to provide that retirees may
authorize direct third party payments as a deduction from net benefits, bringing it into
compliance with Chapter 2004 -21, Laws of Florida, and have determined that its
adoption will have no financial impact on the funding requirements to the program
Because the changes do not result in improvements that would have a financial impact
on the funding requirements, it is our opinion that a formal Actuarial Impact Statement is
not required in support of the adoption.
When the Ordinance has been adopted, please provide a copy of this letter and the
executed Ordinance to the following Bureaus at the Division of Retirement:
Patricia Shoemaker
Charles Slavin, Actuary
Municipal Police and Fire
Bureau of Program Services
Pension Trust Funds
Division of Retirement
Division of Retirement
Cedars Executive Center, Bldg. C
Post Office Box 3010
2639 North Monroe Street
Tallahassee, FL 32315 -3010
Tallahassee, FL 32303
If you have any questions, please let me know.
Sincerely,
P'A ,I0
Patrick T. Donlan
PTD /hja
cc: Robert Sugarman, Board Attorney
� IT�T�T�
Ronald Ferric, City Manager OCT 0 7 2004
Louis Allan Owens, Finance Director
1BY:
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 20, 2004
Meeting Date: January 20, 2005
Resolution 11, 2005
Siubject/Agenda Item: Anspach — Site Plan Amendment
Consideration of Approval: A request by Mr. Don Hearing, agent for Anspach Holdings, Ltd., to
allow for approval of a 17,270 square -foot building, located on Lot 2 of the 7.0 -acre site which
comprises Lots 1 and 2 of the NorthCorp Planned Community Development (PCD). The subject
site is generally located at the southwest corner of the intersection of Riverside Drive and
NorthCorp Parkway.
[ X ] Recommendation to APPROVE with conditions and four waivers
[ X ] Recommendation to DENY one waiver
Reviewed by:
Originating Dept.:
FINANCE: N/A
City Council Action:
IPlanning and Zoning
Growth Management:
[ ] Approved
Division Director
Project �
Manager
Costs: $ N/A
[ ] App. w/ conditions
Talal M. Benot n, AICP
g
Total
[ ] Denied
Autumn J. Sorrow
[ ] Rec. approval
City
Planner
$ N/A
[ ] Rec. app. w/ conds.
Attorney /A
Christine to
Current FY
[ ] Rec. Denial
[X] Quasi — Judicial
[ ] Legislative
[ ] Continued to:
Finance N/A
[ ] Public Hearing
Funding Source:
Advertised:
Attachments:
Development
Compliance "
] Operating
• Resolution 11, 2005
Bahareh Keshavarz - Wolfs,
[ ] Required
[X] Other NA
• Resolution 98, 2003
AICP
Resolution 47, 1992
[X] Not Required
• Resolution 107, 1992
Growth Man en
Budget Acct. #:
• Proposed Plans
Administrat r 1A
N/A
Charles K. Wu, AICP
Approved By:
Manag
Affected Parties:
[ ] Notified
[ X] Not Required
Ronald M. Ferris
Date Prepared: December 20, 2004
Meeting Date: January 20, 2005
Resolution 11, 2005
EXECUTIVE SUMMARY
An applicant initiated request for approval of a 17,270 square -foot building, located on Lot 2 of
the 7.0 -acre site which comprises Lots 1 and 2 of the NorthCorp Planned Community
Development (PCD). The subject site is generally located at the southwest corner of the
intersection of Riverside Drive and NorthCorp Parkway.
The applicant is requesting five (5) waivers with this site plan amendment petition: 1) a waiver
from Section 78 -345 (d)(3) — Increase in Parking Spaces; 2) a waiver from Section 78 -344 (1) —
Parking Stall and Bay Dimensions, to allow 9.5' X 18.5' parking stalls; 3) a waiver from Section
78- 344(h) — Off - street Parking & Loading Entrances and Exits; 4) a waiver from Section 78-
319(2) - Minimum Landscape Buffer; and 5) a waiver from Section 78 -285 — Permitted Signs, to
allow for more than one wall sign. Staff is in support of the all the waiver requests except for the
waiver request from Section 78 -285 to allow for more than one wall sign.
Staff recommends APPROVAL of Resolution 11, 2004 with conditions and four (4) waivers as
provided therein and DENIAL of one (1) waiver.
BACKGROUND
Lots 1 and 2 are part of the NorthCorp Planned Community Development (PCD), which was
originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990. Ordinance 1,
1990 united all lands comprising the former RCA site into one (1) development order. The
original ordinance provided for an approval mechanism for future petitions within the PCD,
assigned site - specific restrictions to certain lots, established maximum trip generations for the
development, and established time - certain conditions of approval for certain road and drainage
improvements.
This 7 -acre planned unit development (PUD), known as "The Anspach Effort" was created by
Resolution 47, 1992. The original, vacant building was 25,985 square feet, and in the first phase
of development it was increased to approximately 33,485 square feet to be used for the
manufacture of medical equipment. Subsequently, Resolution 107, 1992 approved a wall
mounted building sign, and on September 23, 1997, an Administrative Approval granted a
17,032 square -foot Phase II expansion to the building as well as changes to the landscape plan.
In April 1998, eight additional parking spaces were approved administratively to accommodate
additional employees. On November 23, 1999, the Site Plan and Appearance Review Committee
granted approval for the addition of 37 parking spaces on the site. Subsequently, on June 5,
2003, the City Council adopted Resolution 98, 2003 which allowed for another increase of 37
additional parking spaces on Lots 1 and 2.
LAND -USE AND ZONING
The future land -use designation of the subject site as reflected on the City's Future Land Use
Map is Industrial (I). The zoning classification of the site is a Planned Community District
(PCD) Overlay with an underlying zoning of Research and Light Industrial Park (M1). The
OA
Date Prepared: December 20, 2004
Meeting Date: January 20, 2005
Resolution 11, 2005
subject property is located at the intersection of Riverside Drive and NorthCorp Parkway within
the NorthCorp Planned Community Development.
PROJECT DETAILS
The subject site is 7.0 -acres and is located on Lot 1 of South Park Center and Lot 2 of West Park
Center, within the NorthCorp PCD. Lot 1 currently contains a 49,155 square -foot building
which is currently being used for light manufacturing purposes and some office use. With this
petition, the applicant is seeking approval to construct a second building on the southwest corner
of the site which will provide 17,270 square -feet of light industrial use. It is important to
mention that the entire 7.0 -acre site was reviewed and analyzed by staff with regard to
compliance with the City's Land Development Regulations.
Access
The site will continue to have ingress and egress access onto Riverside Drive and NorthCorp
Parkway.
Landscaping
The City's landscape code requires 15% open space on the site; the applicant has provided 44 %.
The applicant is required to provide a total of 11,886 points of landscaping for the site; the
applicant has provided 11,886 landscape points (9,118 existing points and 2,768 proposed
points).
The proposed building will require the relocation of existing conservation easements, which have
been placed northwest of the proposed building and along the southern property line. The
proposed conservation easements measure approximately 7,369 square -feet or 0.17 acres. The
City Forester has reviewed the proposed relocation of the conservation easements and has no
objections.
The undeveloped portion of the site is currently vegetated with pine trees, which will be saved
and relocated around the property. The site will be further enhanced with the use of sabal
palmettos, crepe myrtles, live oaks, cocoplums, etc. The existing dry detention area on the
western boundary of the site will remain undisturbed.
The proposed development plan provides a 20 -foot landscape buffer along Riverside Drive that
includes a 12 -foot wide drainage easement. According to Section 78- 306(d) of the City's LDRs,
a maximum of five (5) feet of a required buffer may be overlapped by a utility easement. The
applicant has requested a waiver to allow two (2) feet of the required buffer to overlap the
drainage easement. The landscape buffer along the western property line is required to be 15
feet in width. The proposed development plan provides for a buffer in excess of 35 feet;
however, all of the proposed landscaping is located within a drainage easement. The applicant
has requested a waiver to allow ten (10) feet of the required buffer to overlap the utility
easement. Due to the easements that encumber the site and the relocation of the conservation
easement, staff has no objection waiving the maximum five (5) feet of overlapping allowed by a
Date Prepared: December 20, 2004
Meeting Date: January 20, 2005
Resolution 11, 2005
utility easement for a required landscape buffer for both the east and west landscape buffers.
Site Lighting
The applicant has submitted a photometric plan, which has been reviewed and approved by the
City Engineer.
Parkin
The applicant is proposing to provide a total of 212 parking spaces on the 7.0 -acre site. The
minimum number of spaces required by Code is 110 spaces, based on a ratio of one space per
250 square feet of general commercial (existing office use) and one space per 1,000 square feet
of light industrial use. The total number of handicapped parking spaces required is seven (7); the
applicant has provided seven (7).
Currently the site has one - hundred sixty -nine (169) parking spaces and the new development will
include the addition of fifty -eight (58) parking spaces. The existing parking is 35% over the
required parking and the proposed additional parking spaces will be 51.8% over the required
parking for the entire site. The applicant has requested a waiver to allow for an increase of
51.8% over the required parking.
The petitioner has also requested a waiver from Section 78- 344(1) to allow for 9.5- foot -wide
parking spaces instead of 10- foot -wide parking spaces. Section 78- 344(1)(2) of the City Code
requires additional open pervious space at a ratio of 1.5 square feet for every square foot of
reduced paved parking area. The reduction of 1,961 square feet of paved area requires 2,941.5
square feet of additional open space. The petitioner has provided a total of 133,135 square feet
(44 %) of open space on the proposed site plan, whereas 15% of open space is required.
Traffic Concurrency
The project is located within the NorthCorp Planned Community Development, which has trips
vested for the development of this site. The traffic impact statement for Anspach indicates that
the proposed addition will generate 167 new traffic trips. The NorthCorp PCD has only 167
remaining unused trips.
Architecture
The proposed one -story building will be 25 -feet in height and will continue the same theme of
the existing building with respect to architectural style, building materials, and color. The
project narrative states that the building will be architecturally enhanced with entry canopies and
columns. The dominant color will be an off -white tone with windows having a gray tint and
blue aluminum frames.
Sinae
The applicant is proposing to provide uniform wall signage on the north, east, and west
4
Date Prepared: December 20, 2004
Meeting Date: January 20, 2005
Resolution 11, 2005
elevations of the building. The proposed signage is 24 inches in height and will be blue in color,
consistent with the existing signage on the building located on Lot 1. According to Section 78-
285 entitled "Permitted Signs ", only one principle building I.D. sign and one wall sign per tenant
is allowed. The applicant has requested a waiver to allow for one (1) additional wall sign on the
west elevation.
Art in Public Places
The existing building was constructed prior to the Art-in- Public - Places requirement and
therefore only the proposed building will be reviewed with regards to compliance with the Art-
in- Public - Places requirement.
The applicant states that the proposed building will not exceed one - million dollars and therefore
the Art in Public Places requirement is not applicable to the proposed development. The
applicant has been advised that if the construction of the building does exceed one - million
dollars the applicant will be required to comply with the Art-in- Public - Places requirement prior
to issuance of the first Certificate of Occupancy.
Waivers
WAIVERS REQUESTED
Code Section
Required/
Provided
Requested
Recommendation
Allowed
Waiver
Section 78- 344(1):
10' X 18.5'
9.5' X 18.5'
.5' foot in width
Support (1)
Parking Stall width
Section 78- 344(h):
100' minimum
30' stacking distance at
70' deviation at
Support (2)
off - street parking &
stacking distance
the south entrance
the south
loading entrances and
entrance
exits
Section 78- 345(d)(3):
Up to 10% increase
212 parking spaces
An additional 58
Support (3)
Number of parking
in parking beyond
(51.8% above the
parking spaces
spaces required
the maximum
required parking)
required amount
Section 78 -285, Table
Only one (1)
One (1) building I.D. sign
Waiver to allow
DENIAL (4)
24: Permitted signs
building I.D. sign
and (2) tenant wall signs
for one (1)
and one (1) wall sign
additional wall
per tenant allowed
sign
Section 78- 319(2):
15' landscape buffer
2' overlapping easement
2' from the max.
Support (5)
Minimum landscape
on the east property
5' easement
buffer
line
overlap.
15' landscape buffer
10' landscape buffer to be
10' from the
on the west property
completely encumbered
max. 5' easement
line
by an easement
overlap.
1) Staff recommends approval as a majority of the existing parking on -site is 9' X 18', as
approved by the original submittal. Additionally, the applicant has provided a total of 3.06
Date Prepared: December 20, 2004
Meeting Date: January 20, 2005
Resolution 11, 2005
acres of open space on -site.
2) Staff recommends approval as the ingress /egress already exists on site and will not be
modified with this petition.
3) The code allows a maximum additional 10% of the required parking on site for overflow
parking. The applicant has indicated that current employee parking is inadequate. The
applicant has requested a waiver in an effort to accommodate the parking demands of the
site. Staff recommends approval of the requested waiver.
4) The applicant states that the waiver is necessary in order to provide signage along the rights -
of -way (Interstate 95 and Riverside Drive) and along the parking lot in order to provide
adequate signage. Staff recommends denial of the requested waiver as the existing building
on -site already provides signage along Interstate 95.
5) The proposed development plan provides a 20 -foot landscape buffer along Riverside Drive
and a 35 -foot landscape buffer along the western property line both of which are
encumbered by utility easements that exceed the maximum five (5) feet of overlapping
allowed by a utility easement. Due to the easements that encumber the site and the
relocation of the conservation easement, staff has no objection waiving the maximum five
(5) feet of overlapping allowed by a utility easement for a required landscape buffer
PLANNING, ZONING, AND APPEALS BOARD
On December 14, 2004 the Planning, Zoning, and Appeals Board reviewed and voted 7 -0 to
recommend approval of the subject petition to City Council with the following condition:
❖ The applicant shall raise the entry arch element between 24 feet and 30 feet to provide
more architectural interest.
The applicant has revised the elevations of the buildings to be 25 feet in height.
RECOMMENDATION
Staff recommends APPROVAL of Resolution 11, 2005 with conditions and four waivers as
provided therein and DENIAL of one waiver.
6
Date Prepared: December 21, 2004
1 RESOLUTION 11, 2005
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
4 BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
5 AMENDMENT TO ALLOW FOR A 17,270 SQUARE FOOT
6 BUILDING LOCATED ON LOT 2 OF THE 7.0 -ACRE SITE WHICH
7 COMPRISES LOTS 1 AND 2 OF THE NORTHCORP PLANNED
8 COMMUNITY DEVELOPMENT (PCD), GENERALLY LOCATED AT
9 THE SOUTHWEST CORNER OF THE INTERSECTION OF
10 RIVERSIDE DRIVE AND NORTHCORP PARKWAY, AS MORE
11 PARTICULARY DESCRIBED HEREIN; PROVIDING FOR WAIVERS;
12 PROVIDING FOR CONDITIONS; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, on June 18, 1992, the City Council approved Resolution 47, 1992
16 allowing 33,485 square feet to be used for the manufacture of medical equipment on a
17 7 -acre site to be completed in one phase of development within the NorthCorp PCD;
18 and
19
20 WHEREAS, on November 18, 1992, the City Council approved Resolution 107,
21 1992 amending the site plan for the Anspach Effort; and
22
23 WHEREAS, on September 23, 1997, City staff granted an Administrative
24 Approval for a 17,032 square -foot Phase II expansion to the building, as well as
25 changes to the landscape plan, amending the site plan for the Anspach Effort; and
26
27 WHEREAS, on November 23, 1999, the Site Plan and Appearance Review
28 Committee granted approval for the addition of 37 parking spaces on the site, amending
29 the site plan for the Anspach Effort; and
30
31 WHEREAS, on June 5, 2003, the City Council granted approval for the addition
32 of 37 parking spaces on Lots 1 and 2 of the NorthCorp PCD, amending the site plan for
33 the Anspach Effort with the adoption of Resolution 98, 2003; and
34
35 WHEREAS, the City has received an application from Don Hearing of Cotluer
36 and Hearing, on behalf of Anspach Holdings, Ltd., for approval of a 17,270 square -foot
37 building located on Lot 2 of the 7.0 -acre site which comprises Lots 1 and 2 of the
38 NorthCorp PCD, generally located at the southwest corner of the intersection of
39 Riverside Drive and as more particularly described herein; and
40
41 WHEREAS, the subject parcel is currently zoned Planned Community District
42 (PCD) Overlay with an underlying zoning of Research and Light Industrial Park (M1)
43 and a future land -use designation of Industrial (1); and
44
45 WHEREAS, the Growth Management Department has reviewed said application,
46 has determined that it is sufficient, and has recommended approval; and
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Date Prepared: December 20, 2004
Resolution 11, 2005
WHEREAS, on December 14, 2004, the Planning, Zoning, and Appeals Board
recommended approval of the amendment to the previously- approved site plan with a
vote of 7 -0; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves a 17,270- square -foot building, located on Lot 2 of the 7.0 -acre site which
comprises Lots 1 and 2 of the NorthCorp Planned Community Development (PCD), as
more particularly described below:
LEGAL DESCRIPTION:
LOT 2 OF THE PLAT OF WEST PARK CENTER AS RECORDED IN PLAT BOOK 67,
PAGE 91, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH THE NORTHERLY 80 FEET OF LOT 1 OF THE PLAT OF SOUTH
PARK CENTER AS RECORDED IN PLAT BOOK 67, PAGE 87, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers with this approval:
1. Section 78 -345 (d)(3) — Increase in Parking Spaces, to allow an additional
51.8% (58 spaces) over the minimum required parking spaces. The Land
Development Regulations allow a maximum 10% over the minimum
required parking spaces.
2. Section 78 -344 (1) — Parking Stall and Bay Dimensions, to allow 9.5'X 18.5'
parking stalls. The Land Development Regulations require a minimum 10'
X 18.5' parking stall.
3. Section 78- 344(h) — Off - street Parking & Loading Entrances and Exits, to
allow for a 30 -foot stacking distance at the south entrance. The Land
Development Regulations require a minimum 100 -foot stacking distance.
4. Section 78- 319(2) - Minimum Landscape Buffer, to allow for an overlapping
of easements by more than five (5) feet for required landscape buffers for
the east and west landscape buffers.
14
Date Prepared: December 20, 2004
Resolution 11, 2005
1
SECTION 4. Said approval shall comply with the following additional conditions,
2
which shall
be binding upon the applicant, its successors, assigns, and /or grantees:
3
4
City Engineer
5
6
1.
Prior to construction plan approval and the issuance of the first land
7
alteration permit, the applicant shall provide written permission from the
8
easement holder(s) to allow landscaping within the easements in
9
accordance with LDR Section 78 -306. (City Engineer)
10
11
2.
Prior to construction plan approval and the issuance of the first land
12
alteration permit, the applicant shall provide an adequate pavement
13
marking and signage plan acceptable to the City Engineer. (City Engineer)
14
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3.
Prior to construction plan approval and the issuance of the first land
16
alteration permit, the applicant shall provide a cross - section detail for the
17
dry retention pond. (City Engineer)
18
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4.
Prior to construction plan approval and the issuance of the first land
20
alteration permit, the applicant shall provide cross - section details at the
21
property boundaries, including the roads, conservation easements, and
22
retention pond for consistency with the plan view and to match existing
23
conditions. (City Engineer)
24
25
5.
The applicant shall provide the City with copies of all permit applications,
26
certifications, and approvals. (City Engineer)
27
28
6.
The applicant shall provide all necessary construction -zone signage and
29
fencing as required by the City Engineer. (City Engineer)
30
31
7.
The applicant shall comply with any and all Palm Beach County Traffic
32
Division conditions as outlined in PBC Traffic Division equivalency and
33
concurrency approval letters. (City Engineer)
34
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8.
Prior to construction plan approval and the issuance of the first land
36
alteration permit, the applicant shall provide surety for public infrastructure
37
and all landscaping and irrigation costs. The required surety shall be based
38
on a cost estimate for the project, including public infrastructure and all
39
landscaping and irrigation costs, which cost estimate shall be reviewed and
40
approved by the City. The cost estimate shall be signed and sealed by an
41
engineer and landscape architect registered in the State of Florida. Surety
42
will be based on 110% of the total combined approved cost estimates and
43
shall be posted with the City prior to the issuance of the first land alteration
44
permit. (City Engineer, Building Department)
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3
Date Prepared: December 20, 2004
Resolution 11, 2005
1
9.
Prior to construction plan approval and the issuance of the first building
2
permit, the applicant shall provide a cost estimate for the on -site project
3
improvements, not including public infrastructure, landscaping, and
4
irrigation costs, for review and approval by the City. The cost estimate shall
5
be signed and sealed by an engineer registered in the State of Florida and
6
shall be posted with the City prior to the issuance of the first building permit.
7
(City Engineer)
8
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10.
The applicant shall comply with all Federal EPA and State of Florida
10
Department of Environmental Protection NPDES permit requirements,
11
including, but not limited to, preparation of a stormwater pollution prevention
12
plan and identification of appropriate Best Management Practices, as
13
generally accepted by the Environmental Planning Agency (EPA) and /or
14
local regulatory agencies, for construction activities, submission of a Notice
15
of Intent to EPA or its designee, implementation of the approved plans,
16
inspection and maintenance of controls during construction, and submission
17
of a Notice of Termination. (City Engineer)
18
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11.
Prior to issuance of the first land alteration permit, the applicant shall submit
20
signed, sealed, and dated construction plans (paving, grading, drainage,
21
and water and sewer) and all pertinent calculations to the City Engineer for
22
review and comment. (City Engineer)
23
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12.
Prior to construction plan approval and the issuance of the first land
25
alteration permit, the applicant shall schedule a pre - permit meeting with City
26
staff. (City Engineer)
27
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City Forester
29
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13.
The applicant shall install the Riverside Drive landscaping prior to the
31
issuance of the first Certificate of Occupancy (CO) for the building within Lot
32
1 of South Park. (City Forester)
33
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14.
The City shall receive documentation from the applicant that the existing
35
conservation easements on Lot 1 of South Park are abandoned prior to the
36
issuance of the first clearing permit or land alteration permit for said lot.
37
(City Forester)
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15.
The conservation easements for the two areas on the site plan labeled
40
"Proposed Relocated Conservation Easement No. 1 and No. 2" shall be
41
publicly recorded prior to the issuance of the first clearing permit or land
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alteration permit. (City Forester)
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Date Prepared: December 20, 2004
Resolution 11, 2005
16. All the trees within the new conservation easements No. 1 and No. 2 shall
be protected during construction by barricades acceptable to the City
Forester and the minimum standards described within Section 330 of the
Land Development Regulations. (City Forester)
Police Department
17. Lighting locations shall not conflict with landscaping, including long -term
tree canopy growth. (Police Department)
18. Metal halide lighting shall be used for all street and pedestrian walkways.
(Police Department)
19. Numerical addresses shall be illuminated for nighttime visibility and shall
have bi- directional visibility from the roadways. (Police Department)
Miscellaneous
20. Required digital files of the approved plat in its entirety transformed to NAD
83 State Plan Coordinate System shall be submitted to the Planning and
Zoning Division prior to issuance of the first building permit. Approved civil
engineering as -built design and architectural drawings shall be submitted to
the Planning and Zoning Division prior to issuance of the first Certificate of
Occupancy. (GIS Manager, Development Compliance)
SECTION 5. This approval shall be in compliance with the following plans on file
with the City's Growth Management Department:
1. Site plan and landscape plans, sheets 1 through 5, prepared by Cotleur
Hearing, last revised on December 1, 2004, and received and stamped by
the City on December 23, 2004.
2. Elevations, sheet 4.1, prepared by Alan Strassler, dated December 16,
2004, and received and stamped by the City on December 16, 2004.
3. Elevations, sheet 3.1 and 7.1, prepared by Alan Strassler, dated November
16, 2004, and received and stamped by the City on November 19, 2004.
4. Site Lighting Plan, sheet SL -1, prepared by Romcke Coburn Engineering,
dated November 18, 2004, and received and stamped by the City on
November 19, 2004 (1 sheet total).
SECTION 6. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant's agents at any workshop or public
hearing.
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Date Prepared: December 20, 2004
Resolution 11, 2005
SECTION 7. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Lffiv
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
go
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
.2005.
CITY OF PALM BEACH GARDENS, FLORIDA
xw
Eric Jablin, Mayor
AYE NAY ABSENT
\ \PbgsfileWttorney\attorney_ share \RESOLUTIONS \anspach - reso 11 2005.doc
M
Date Prepared: May 16, 2003
Resolution 98, 2003
1 RESOLUTION 98, 2003
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO A
6 PREVIOUSLY APPROVED SITE PLAN FOR THE ANSPACH EFFORT
7 WITHIN THE NORTHCORP PLANNED COMMUNITY DEVELOPMENT
8 (PCD) TO ALLOW FOR THE EXPANSION OF A PARKING LOT BY 37
9 SPACES; PROVIDING FOR CONDITIONS OF APPROVAL;
10 PROVIDING FOR WAIVERS; AND, PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, on June 18, 1992, the City Council approved Resolution 47, 1992
14 allowing 33,485 square feet to be used for the manufacture of medical equipment on a 7-
15 acre site to be completed in one phase of deirelopment within the NorthCorp PCD; and
16
17 WHEREAS, on November 18, 1992, the City Council approved Resolution 107,
18 1992 amending the site plan for the Anspach: and
19
20 WHEREAS, on September 23, 1997, City staff granted an Administrative Approval
21 for a 17,032 square -foot Phase 11 expansion to the building as well as changes to the
22 landscape plan, amending the site plan for the Anspach Effort; and
23
24 WHEREAS, on November 23, 1999; the Site Plan and Appearance Review
25 Committee granted approval for the addition of 37 parking spaces on the site, amending
26 the site plan for the Anspach Effort; and
27
28 WHEREAS, the City has received an application from the Anspach Company for
29 approval of the addition of 45 parking spaces on the south side of the site; the parking area
30 addition will necessitate the removal of eight existing parking spaces for the net addition of
31 37 spaces to the site, located within the NorthCorp PCD, as more particularly described in
32 Exhibit W attached hereto; and
kW
34 WHEREAS, the subject parcel is currently zoned Planned Community District
35 (PCD) Overlay with an underlying zoning of research and Light Industrial Park (M1) and a
36 future land -use designation of Industrial (1); and
37
38 WHEREAS, the Growth Management Department has reviewed said application,
39 has determined that it is sufficient and is consistent with the City's Comprehensive Plan
40 and Land Development Regulations, and has recommended approval; and
41
42 WHEREAS, on March 25, 2003, the Planning and Zoning Commission
43 recommended approval of the amendment to the previously approved site plan; and
44
45 WHEREAS, the City Council has deemed approval of this Resolution to be in the
46 best interest of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: May 16, 2003
Resoluf on 98, 2003
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
2 OF PALM BEACH GARDENS, FLORIDA that:
3
4 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
5
6 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
7 approves the following amendment to Resolution 47,1992 as amended by Resolution 107,
8 1992:
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1. Add 45 parking spaces on the south side of the site; however, the parking area
addition will necessitate the removal of eight existing parking spaces for the net
addition of 37 spaces to the site.
SECTION 3. Said site plan approval .shall comply with the following additional
conditions, which shall be binding upon the applicant, its successors, assigns, and /or
grantees:
1. Lighting locations shall not conflict. with landscaping, including long -term tree
canopy growth. (City Forester and Police Department)
2. Metal Halide lighting shall be used on the subject site. (Police Department)
3. The applicant shall be limited to 25-foot maximum light fixture poles. (Planning
& Zoning)
4. Prior to construction plan approval,, the applicant shall provide a cross- section
detail of the proposed parking lot pavement meeting LDR Section 78-499
showing asphalt, base, and sub grade specifications. (City Engineer)
SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves
the following waivers with this approval:
1. Section 78- 345(d), Number of parking spaces required, to allow an increase of
parking spaces by 25 %.
2. Section 78- 344(1), Parking Stall and Bay Dimensions, to allow for a parking stall
width of nine feet.
SECTION 5. Said approval and construction shall be consistent with plans filed with
the City's Growth Management Department as follows:
1. Site Plan parking Improvements, by Song & Associates, Inc., revised April 23,
2003, Sheet SP -1.
2. Landscape Plan, by Song & Associates, Inc., revised April 14, 2003, Sheet L2.
2,
r
Date Prepared: May 16, 2003
Resolution 98, 2003
1 3. Paving & Drainage Plan View, Song & Associates, revised April 23, 2003,
2 Sheets 2 and 3 of 6.
3
4 4. Photometric Plan for "Parking Improvements ", KAMM Consulting, dated
5 February 10, 2003, Sheet E1.1.
6
7 SECTION 6. The approval expressly incorporates and is contingent upon all
8 representations made by the applicant or applicant's agents at any workshop or public
9 hearing.
10
11 SECTION 7. This Resolution shall become effective immediately upon adoption.
12
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Date Prepared: May 16, 2003
Resolution 98, 2003
PASSED AND ADOPTED this 51% day of �:nvit- , 2003.
CITY OF PAL(" /
BY:
ATTEST.
6F
BY:
_ ; Patdcia`Snider Eity Clerk
APPROVED7�3 TO. ORM AND
LEGAL SUFFICItNCY
BY:�L��� l—• ��
Christine P. Tatum, City Attomey
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
n,
J
AYE NAY ABSENT
Waftmey_OweIRESOLUTIONS%onspach ails plan amendment - reso 98- 2003.doc
4'
el
FLORIDA
N-1 I
1
Date Prepared: May 16, 2003
Resolution 98, 2003
EXHIBIT SW
LOT 1, ACCORDING TO THE PLAT OF SOUTHPARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 87 AND 88, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH;
LOT 2, ACCORDING TO THE PLAT OF WEST PARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 91 AND 92, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
ri ..
June 2, 1992
June 4, 1992
June 18, 1992
RESOLUTION 47, 1992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, CREATING A
PLANNED UNIT DEVELOPMENT KNOWN AS "THE
ANSPACH EFFORT" ON LANDS DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO, LOCATED IN THE NORTHCORP
CENTER, A PLANNED COMMUNITY DISTRICT, CREATED
BY ORDINANCE 1, 1990; AND, PROVIDING THAT
SAID PLANNED UNIT DEVELOPMENT SHALL BE
SUBJECT TO THE PLANS, SPECIFICATIONS AND
CONDITIONS SET FORTH HEREIN, WITH AN
UNDERLYING ZONING OF M- 1.RESEARCH AND LIGHT
INDUSTRIAL PARK DISTRICT; AND, FURTHER
PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. A Planned Unit Development known as "THE ANSPACH
EFFORT" is hereby created on lands described in Exhibit "A"
attached hereto, located in the NORTHCORP CENTER, a Planned
Community District, created by Ordinance 1, 1990. The underlying
zoning for said Planned Unit Development shall be M -1 Research
and Light Industrial Park District.
Section 2. Development of this Planned Unit Development
shall be subject to the plans and specifications and conditions
as hereinafter set forth:
A. Plans and Specifications:
1. Site Plan prepared by Jones & Song, dated
April 30, 1992, consisting of one sheet
marked Al.
2. North, South, East and West Elevations,
prepared by Jones & Song, dated April 17,
1992, consisting of one sheet marked A5.
3. Landscape Plan prepared by The SWA Group,
dated May 1, 1992, and consisting of one
sheet marked LS -1.
4. Landscape for Phase 2 West Elevation Plan
prepared by the SWA Group dated 6/9/92
consisting of Sheet 1 of 2.
5. Additional Landscape for East Service Area
Plan prepared by the SWA Group dated 6/9/92
consisting of Sheet 2 of 2.
6. Landscape Plan at Main Entrance prepared by
The SWA Group dated 6/3/92, consisting of
Sheet 1 of 1.
1 res47.92
B. Conditions:
1. The five -foot sidewalks proposed on the
subject property along Northcorp Parkway and
Riverside Drive shall be constructed prior to
the issuance of the Certificate of Occupancy.
2. The property owner or successors and assigns
shall comply with Condition 25 of Section 4
as set forth in ordinance 1, 1990.
3. The property owner or successors and assigns
shall comply with the Department of
Environmental Regulation's consent order.
4. All trees designated for preservation that
die during construction or because of
construction practices, shall be replaced
using the following schedule: For every inch
of tree caliper lost, three inches of new
tree caliper shall be replaced of like
specie. The replacement tree shall have a
minimum three -inch caliper diameter.
5. Prior to the issuance of the Certificate of
Occupancy the Landscape Architect of record
shall certify in writing to the City that the
landscaping has been completed per the
approved landscape plans. Any minor changes
to the approved landscape plans shall be
approved by City Council. Once the City has
the certified letter from the Landscape
Architect, the City Forester shall inspect
the site for compliance. Once compliance has
been confirmed by the City Forester, the City
Building Department shall be notified.
6. Prior to construction, trees or vegetated
clusters which have been designated for
preservation as per the landscape plan shall
be properly tagged. The vegetation falling
within the drip line of these trees shall be
preserved where desirable. Prior to land
clearing, the developer shall erect and
maintain protective barriers around the drip
line of all trees or vegetated clusters to be
protected. This work shall be inspected and
approved by the City Forester prior to
issuance of any building permit requiring
land clearing. Section 153.50 (Tree
Protection) paragraphs B, C and D shall also
be enforced during construction.
7. All roof - mounted equipment shall be screened
from line -of -sight view.
8. The approval is for a Light Manufacturing use
only with trip generations based on the
submitted traffic study.
9. In consideration of an unknown date of
completion of Riverside Drive realignment,
particularly as location of improvements
relate to the East area of the Planned Unit
Development site, petitioner shall, prior to
obtaining a Building Permit for construction,
post a bond or letter of credit guaranteeing
the placement of such improvements within two
(2) years from effective date.
The requisite amount of money therefor shall
res47.92
determined by the City Manager. No Building
Permit shall be issued until the bond is
posted.
Prior to the issuance of the Certificate of
Occupancy for Phase II or within three (3)
years from the effective date hereof,
whichever occurs first, the Petitioner shall
comply with the landscape /streetscape
program.
Section 3. All development under this Planned Unit
Development shall be completed within three (3) years from
effective date hereof. The City Council may consider an
extension of said time period for no more than one (1) year,
provided a Petition for Time Extension is filed prior to date of
expiration and good cause is established by Petitioner.
Action by the City Council on such a Petition may be taken
without intervention of the Planning and Zoning Commission or
published notice of hearing. Approval or denial shall be by
Resolution.
Section 4. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 5. This Resolution shall be effective upon date of
adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE, 1992.
Cc,,1
ATTEST:
<' -'•-
LINDA V. KOSIER, CITY CLERK
VOTE: AYE
MAYOR MARTINO
VICE MAYOR RUSSO
COUNCILMAN ALDRED
COUNCILWOMAN MONROE
COUNCILMAN KISELEWSKI
NAY
3
MAYOR MICHAEL MARTINO
ABSENT
res47.92
•
4
unpin
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 334104698
VIWF
June 23, 1992
Ms. Young Song
Jones & Song
Architects and Planners, AIA
9123 N. Military Trail
Palm Beach Gardens, Florida 33410
Dear Ms. Song:
Enclosed please find a revised copy of page 1 of Resolution 47,
1992, creating a planned unit development known as "The Anspach
Effort" which was approved by the City council at its regular
meeting on June 18, 1992.
Sincerely,
J ie G. Holloman
Administrative Secretary
Enclosure: as stated
CITY OF PALM BEA�H GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARD�NS. FLORIDA 33410 -4698
June 23, 1992
Dr. William E. Anspach
1349 South Killian Drive
Lake Park, Florida 33403
Dear Dr. Anspach:
Enclosed please find a revised copy of page 1 of Resolution 47,
1992, creating a planned unit developme known as "The Anspach
Effort" which was approved by the City Council at its regular
meeting on June 18, 1992.
Sincerely,
Jabkie G. H
Administrat
Enclosure: as stated
�
illoman
ve Secretary
•
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
TOW
June 19, 1992
I
Ms. Young Song
Jones & Song
Architects and Planners, AIA
9123 N. Military Trail
Palm Beach Gardens, Florida 33410
Dear Ms. Song:
Enclosed please find a copy of Resolution 4I7, 1992, creating a PUD
known as "The Anspach Effort" located in the Northcorp center,
which was approved by the City council at its regular meeting on
June 18, 1992.
Sincerely,
Jackie G. Holloman
Administrative Secretary
Enclosure: as stated
I—
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARD N5. FLORIDA 33410.4698
June 19, 1992
Dr. William E. Anspach
1349 South Killian Drive
Lake Park, Florida 33403
Dear Dr. Anspach:
Enclosed please find a copy of Resolution 47, 1992, creating a PUD
known as "The Anspach Effort" located in the Northcorp Center,
which was approved by the City Council at its regular meeting on
June 18, 1992.
Sincerely,
Jackie G. HOloman
Administrative Secretary
Enclosure: as stated
The Aiwach Com anies
Site Data -- - - -
SP 00.15
TOWNSHIP 425, RANGE 42E, SECTION 12
PLAT SOUTNPARK CENTER
LAND USE DESIGNATION
ARLXRECT OF RECORD REFUSES SREpyICE SX41 BE A� W vL�v WAV Of xpNpav
ALANSTRAS%ERARCHrTECT3. VIG
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TEL (581)6278iA0 A £SEBLm CODE
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TEL (681)NL -86TU,
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SGDARE FEET
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TOTAL SITE AREA
304,920
7,00
PROPOSED USES
TEL(581)-1A316 LIDMTBXL
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FL 33158
LIGHT INDUSTRIAL AND OFFICE
SODARE FEET
ACRES T•ERCEM
EXISTNGIIfJlTNWSTRNL
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0.80 52.89%
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PROPOSED LIGHT INDUSTRIAL
14.155.W
1727099
032 21.31%
010 2600%
TOTAL BUILDING
BUILDING LOT COVERAGE
MAXIMUM BUILDING HEIGHT
BUILDING STORIES
PHASING (THIS PETITION)
NUMBER OF BUILDINGS (THIS PETITION)
TOTAL NUMBER OFBOLDINGS
TYPE OF OWNERSFNP
LAND USE ALLOCATION
BUILDING LOT COVERAGE
VEM CULAR USE AREAS
WAIICS AND ENTRY PL
OPENSPACE AND BUFFERS
TOTAL snF AREA
OPENSPACE& BUFFERS
PERVIOUS
OPENSPACEA BUFFERS
SUBTOTAL
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OWNER.
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FAX '(581)BxOTL0
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CONTACT; ALAN STRASSI cR ALL SIGNWE NMIt CONFORM ro THE FEOU4EMENTS OF TIE tlTY OF PKM
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DESIRED
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APPROVED
JOB NUMBER
DATE O2r1Fl9s
�WOp.6v111rb
I4,sM9R
i91r�4�PP
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Plrlee Ytl1oP18„81r
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Location Map
Tab le of Contents
Cover Sheet
1 of 5
PGA BLVD.
2 of 5
Site Details
3 of5
RU BLVD.
4 of 5
1934 Commerce Lena
Suite 1
Jupiter, Florida 33458
587 - 747-6336 Fax- 747 -1377
RCA BLVD.
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BURN$ ROAD
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NORTHIAKE BLVD.
Tab le of Contents
Cover Sheet
1 of 5
Site Plan
2 of 5
Site Details
3 of5
Landscape Plan
4 of 5
Landscape Details A$ 5 of 5
CVVC pF BG
p -'14NG
Cover Sheet
Cotleur
Hearing
Landscape ATChilecture
Planning
ErrAronrnantal COnsuibng
Graphic Design
1934 Commerce Lena
Suite 1
Jupiter, Florida 33458
587 - 747-6336 Fax- 747 -1377
O
��
11
vas
O
In
Q0
^V
Y
Q
0.
DESIRED
DRAWN_
APPROVED
JOB NUMBER
DATE O2r1Fl9s
DcnA10
REVISIINS
SferTLbvm1antr /OO6Os
sa4CR17rnv.ts 10.ZZ1N
Idiom Zn +!/ -17-04
LI✓AtiET12071M
SHEET 1 OF
5
C CORELR 1EAR1G Nc
WEST PARK CENTER
r O li
Au TREES PUNNED UM XR OR 11-7 TO FPLL POWER l•u WA
CONRr WRN TIE W4I -TREE PLACE OUDELNES
ZONING: PCD /M1 -A
SIDE SLOPE VARY
•r_' -f
fi
-- -.
FROM 6:1 TO 4:1
- PARExDAMGSmEETLM,YTS FEDESTRWYLERRSnwLBE
+FETAL --
• __
ii UNIT OF
OF
r
-� __ __ _____ __ _
�T
INTERSTATE 95
.I
D CURB TYP.
(STATE ROAD #9) •
CONCRETE FLUME
(WIDTH 'm _ I
IS
'•3
!I
�.�RWL,RM
04M1111R LN•
E)aSRNG DRY
'I
RETENTION
34RA1
AREA
EXISTING ZONING DESIGNATION:
PRPOiED B21ET
SOUTH PARK CENTER
\-- BICYCLE RACK
PALM BEACH GARDENS, FL 31410
TEL I. ) �
2\
ZONING: PCD /Ml -A
i PROPOSED RELOCATED
CONSERVATION
LAND USE: LIGHT INDUSTRIAL
I,•Ib•
B
/RRID�.a
4GMFwmn�EWMbturl 183/COW ERCELANE
SurTEn
SQUAIEFEEr
ACRES
r`
O
(2)
dl
7DD
ffi.TrAIN
•
Ir
.••BPr
SUITE 750 CONTACT: BRIAN CHEWS
x FL 3]L5a ar+_cl.prpFaw+..ram+,
INDUSTRIAL AND OFFICE
3p FEET
12.a W..
O E
7551. .E
PBTxENT
, (SR
7EL(MI))M".L
EX ISTING INDUSTRIAL
35,00500
52.31%
FAX: (MI) SITE IIGI(TNG ENGNEEA
0-
14,15500
f
21.31%
QAS UI
CONTACT: DAVE II]BERG Rl7MCJ0: COBUNN ENGINEERING CO.
FARA6 RUAD
°N1a0RaFWr 1SUITE
IF
•
17,270.00
3
EXISTING BUILDING
12.0'
lz.
35.0'
I
�
FF. � ]).73
.).73
49, ,lSS LS5 5F.
IF
-
TOTAL BUILDING
311,425.00
152
1pp ODY.
Oro NORM IEPaum1 AVENUE FAX: (5111) 11114_1- 201 CONTACT: DAVID ROMCItf
nL, M, 7 01 mmcta ®MrMtr
TEL (531) 740-050+
8ULDING LOT COVERAGE
66425 W
152
FA%'. (5151) 7431420
CONTACT: -WILLIAMS
4�RrA� '•4'N1
�1
g4
BUILDING STORIES
WEST PARK CENTER
r O li
Au TREES PUNNED UM XR OR 11-7 TO FPLL POWER l•u WA
CONRr WRN TIE W4I -TREE PLACE OUDELNES
ZONING: PCD /M1 -A
SIDE SLOPE VARY
•r_' -f
fi
-- -.
FROM 6:1 TO 4:1
- PARExDAMGSmEETLM,YTS FEDESTRWYLERRSnwLBE
+FETAL --
• __
ii UNIT OF
OF
Waiver Request
-� __ __ _____ __ _
�T
INTERSTATE 95
.I
D CURB TYP.
(STATE ROAD #9) •
CONCRETE FLUME
(WIDTH 'm _ I
IS
'•3
!I
�.�RWL,RM
04M1111R LN•
E)aSRNG DRY
'I
RETENTION
34RA1
AREA
EXISTING ZONING DESIGNATION:
PRPOiED B21ET
n, :MP
\-- BICYCLE RACK
PALM BEACH GARDENS, FL 31410
TEL I. ) �
CITY OF PBG PETITION NO.:
I
i PROPOSED RELOCATED
CONSERVATION
WEST PARK CENTER
r O li
Au TREES PUNNED UM XR OR 11-7 TO FPLL POWER l•u WA
CONRr WRN TIE W4I -TREE PLACE OUDELNES
ZONING: PCD /M1 -A
RANDICAP RAMP
7.D'� /\p [21RBTVR.� 1
•r_' -f
fi
HI' ICAP.RmI�I RSAI1
LAND USE: LIGHT INDUSTRIAL
- PARExDAMGSmEETLM,YTS FEDESTRWYLERRSnwLBE
+FETAL --
ANSPACH OOM ANEs ALAN STRASSLER ARCHITECT. INC
TOWNSHIP 42S, RANGE 42E, SECTION 12
Waiver Request
AMO FEDR ENS ANY UOOIIUTXws SFWLL CUE APVno.EO w TIE
E OF NGREER Df RECORD.
0
!I•
c
PLAT
NO PAW
NO LOADING
d- 61n•1Tb,0
rP
SIGN
wtsl
_
- N
�.�RWL,RM
04M1111R LN•
DEVELOPER TEL (s•1) nZ703M
LAND USE DESIGNATION
INDUSTRIAL
34RA1
CATALFVUD CONSTRUCTIDNA DEVELOPMENT ,NG FAX:(561)®Am20
4300 CATAI}LMO WAY CONTACT ALAN STIUBSLER
EXISTING ZONING DESIGNATION:
AD
wµ P. EJQ.9T.
n, :MP
PALM BEACH GARDENS, FL 31410
TEL I. ) �
CITY OF PBG PETITION NO.:
m4gw.•R,.wwa..
bPa'�IM4 RlYq
BIIRro ml�n
120.a ____l
\.�
-
FEMA FLOOD ZONE PANEL NO:
I,•Ib•
B
/RRID�.a
4GMFwmn�EWMbturl 183/COW ERCELANE
SurTEn
SQUAIEFEEr
ACRES
SURVEYOR BITER. FL 311$0
UIBERG LAND SURVEYNC TEL IN' 7474G]B
TOTAL SITE AREA
dl
7DD
ffi.TrAIN
•
Ir
.••BPr
-)I In'. 0
EASEMENT NO.2
'- Q - `Q - l � ij_ BENCH AND
RECEPTACLE
HANDICAP
-
-
SIGN B
35;0'
D.E. NP.
1
,{ PROPOSED BUILDING
17,270 S.F.
i 3S
_
20.01 S.B. F➢LTRANS��-
_:• � �W • • � : �Aa • � _I -_ -_ PRDPDST� RELC
.a D.E.
-- -------------------------------- -------- ----�
U----------
SOUTH PARK CENTER
ZONING: PCD /M1 -A
IJn 2 LAND USE: LIGHT INDUSTRIAL
IF
p
I .
I
LS, I '
'
IT ilj IF x
Project Team_
r O li
Au TREES PUNNED UM XR OR 11-7 TO FPLL POWER l•u WA
CONRr WRN TIE W4I -TREE PLACE OUDELNES
26.a
�50'i-
RANDICAP RAMP
7.D'� /\p [21RBTVR.� 1
•r_' -f
fi
HI' ICAP.RmI�I RSAI1
EASEMENT NO.2
'- Q - `Q - l � ij_ BENCH AND
RECEPTACLE
HANDICAP
-
-
SIGN B
35;0'
D.E. NP.
1
,{ PROPOSED BUILDING
17,270 S.F.
i 3S
_
20.01 S.B. F➢LTRANS��-
_:• � �W • • � : �Aa • � _I -_ -_ PRDPDST� RELC
.a D.E.
-- -------------------------------- -------- ----�
U----------
SOUTH PARK CENTER
ZONING: PCD /M1 -A
IJn 2 LAND USE: LIGHT INDUSTRIAL
IF
p
I .
I
LS, I '
'
IT ilj IF x
Project Team_
Site Data
Au TREES PUNNED UM XR OR 11-7 TO FPLL POWER l•u WA
CONRr WRN TIE W4I -TREE PLACE OUDELNES
SOUTH PARK CENTER
OWNER ARCWTECI OF RECORD:
SP 114-15
APPRGPR TECaoR wACCORwMrE w,Y LOR SECTGrI TSaF.
LAND USE: LIGHT INDUSTRIAL
- PARExDAMGSmEETLM,YTS FEDESTRWYLERRSnwLBE
+FETAL --
ANSPACH OOM ANEs ALAN STRASSLER ARCHITECT. INC
TOWNSHIP 42S, RANGE 42E, SECTION 12
Waiver Request
AMO FEDR ENS ANY UOOIIUTXws SFWLL CUE APVno.EO w TIE
E OF NGREER Df RECORD.
4 Po RMOEDFI Baer NOF'TH A,1_ "AL
PALM BEACH GAIiDE115. 1-10 S_ 201-0
PLAT
SOUTHPARK CENTER
d- 61n•1Tb,0
PAW BEACH GARDENS, FL3Y+5
Cbn M•MPvI FxM'V
wtsl
34RIn•
�.�RWL,RM
04M1111R LN•
DEVELOPER TEL (s•1) nZ703M
LAND USE DESIGNATION
INDUSTRIAL
34RA1
CATALFVUD CONSTRUCTIDNA DEVELOPMENT ,NG FAX:(561)®Am20
4300 CATAI}LMO WAY CONTACT ALAN STIUBSLER
EXISTING ZONING DESIGNATION:
RRmb•w rr9N
POYNIIA
PALM BEACH GARDENS, FL 31410
TEL I. ) �
CITY OF PBG PETITION NO.:
m4gw.•R,.wwa..
bPa'�IM4 RlYq
BIIRro ml�n
Teo
FAX: (sat) BBtazry PLANNEN a LANDSCAPE ARCHITECT,
CONTACT: RYAN B. IOH STCN COTIEUI6 HEARNG
FEMA FLOOD ZONE PANEL NO:
I,•Ib•
B
4GMFwmn�EWMbturl 183/COW ERCELANE
SurTEn
SQUAIEFEEr
ACRES
SURVEYOR BITER. FL 311$0
UIBERG LAND SURVEYNC TEL IN' 7474G]B
TOTAL SITE AREA
304,920
7DD
ffi.TrAIN
e7s WEST NDUxrowN acWD FAX 15 611 747-IM
PROPOSED
PROPOSED USES
.••BPr
SUITE 750 CONTACT: BRIAN CHEWS
x FL 3]L5a ar+_cl.prpFaw+..ram+,
INDUSTRIAL AND OFFICE
3p FEET
ACRES
PBTxENT
, (SR
7EL(MI))M".L
EX ISTING INDUSTRIAL
35,00500
52.31%
FAX: (MI) SITE IIGI(TNG ENGNEEA
OFME
EXISTING OFFICE
14,15500
0.32
on
21.31%
QAS UI
CONTACT: DAVE II]BERG Rl7MCJ0: COBUNN ENGINEERING CO.
FARA6 RUAD
°N1a0RaFWr 1SUITE
PROPOSED LIGHT INDUSTRIAL
17,270.00
040
23.50%
1PR06PERffY
CIVIL ENGINEER, PALM BEACH GVIflENS, FL-10
SOUTHERN OESIGN GROUP TEL tsa +) BN41175
TOTAL BUILDING
311,425.00
152
1pp ODY.
Oro NORM IEPaum1 AVENUE FAX: (5111) 11114_1- 201 CONTACT: DAVID ROMCItf
nL, M, 7 01 mmcta ®MrMtr
TEL (531) 740-050+
8ULDING LOT COVERAGE
66425 W
152
FA%'. (5151) 7431420
CONTACT: -WILLIAMS
4�RrA� '•4'N1
MAXIMUM BUILDING HEIGHT
50 FEET
BUILDING STORIES
1 STORIES
PHASING (THIS PETITION)
1 PHASE
NUMBER OF BUILDINGS (THIS PETITION)
TOTAL NUMBER
1 BUIlDNGS
Lela/ Description
OF BUILDINGS
2 BUIDNGS
- - -
TYPE OF OWNERSHIP
PRIVATE
PROPERTY .-IPTKIM
LOT 1, ACCOI ONG TO THE PEAT OF SOUTYPMR CENTER
LAND USE ALLOCATION
SQUIRE FEET
ACRES
PERCENT
- AS RECORDED N PLAT BOON N, PAGES 37 AND W. PUBLIC
BUILDING LOT COVERAGE
3612500
1.52
21 7B%
RECORDS OF PALM BEACH COUNTY, R1YtOA.
VEHICULAR USE AREAS
93700.00
2.15
30.73%
WALKS AND ENTRY PLAZAS
1133000
027
3.112%
TOGETHER
OPEN SPACE AND BUFFERS
3.03
438)%
LOT ACOWRR
ACCORDING THE PLAT of WEST PANT CENTER,
/
TOTAL SITE AREA
04920..OD
304920.00
7m
100.00%
E LA
AS RECORDED L PLAT BOOR U PAGES 91 AND vi PUBLIC
RECORDS OF PAW BEACH COUNTY. FIDRM
OPENSPACEB BUFFERS
PERVIOUS
AI9c•
PMLCOrt
OPEN CEi BUFFERS
13313505
3.06
43-67%
\\/ Genera
j
SLIBTDTAL
,»,]L3/
3.01
"%
/ /Votes
IAPENVIOUS
BUILDING LOT COVERAGE
68125.05
1.52
21.73%
REFVaE SERUMS SMILLL BE ACCMq -BYWAY OF xSxXXWt
wASS ER AMp EC C•q ASSO NOM HEartRAN
VEHICULAR USE AREAS
WALKS AND ENTRY PLAZAS
010T DD
11660'm
2.15
027
30.73%
3112%
V BEW AK PNA WE O STRF f
SUBTOTAL
17MLN
3.114
56%
nXNS xACCOIM1FCE wIm ApA AMO THE ROROAIwn Ewp
ACCE556XIry L110E
L
TOTAL
30418000
7.00
100.00%
Au S10NAOE SIWLL COMFOIM ro THE REWrEHEMT Of TIE OTY Df PALN
BE"CM 1�'"A0°11D1R
PARKING CALCULATIONS
�maPE SHAD AVaD mrETrrs wrrY LNOnINtouw lXW «AGE
. TIE LAxOSGVE mNT RAnOR 9WU VERYTYE LOUTaM
OFALL INOfROROWO UTIRES FFgRro WM.EMiIG WOroC
EX TINGUGHTINDUSTRW.(IMODO)
RrcD•,m
m
PRwbeo
112
LF. IE. IOitIGIiDTOAVRYCOxfiIRiWRNWI�WIEAFYNIF _. _. -_-
EXISTNGOFFICE(1( )
_HEIR- NB19�CTM16e6Y
-- ____ -. _-
51
_ _l3
57
Ste_
L4YTxG
(rrnwsa •p•rm aw m RIm1BP••BGD)
-15
u1 L.wO.0 E sHr,u coNTORN TO TIE REDUBE DIF TIE CITY, O
TOTAL
116
212
PAW BEACY I]AROp1IF /RIDGE VELOPLEITI AEGIAATIOIA TMf GnY OF
C iR DAFIOEMS CODE M1DRS19ruu OOVErNxTHF EVfNl OFA
006TNGIWIDM IxCLID WTDTAU
PROPOSEO I--IN oT_
s
2
5
2
Au Aeove TwG1Rn urAITES.E. Tw,raFGRAERS, awns eoxES. A<
CWOF 4016 Nq ACRE Sw11 sf F4LLV StlEENEOFRON VEwax TIPEE
/
TOTAL YA II- x TOTA1
LOADING
)
2
7
7
TAU_ET OM OF p W TE
FRAa TEOT HRWF D BY N
AMYW TIE Pn OF PALM BFAf.N W1,DEN5lpfa
J Swn M LA r Y1T6H CARM6 THE L AIO 3CAPN G O F S lPwLAl N TEwX GTF. NT O I E ro AC T CE O HE7♦WFRS
PEDESTRIAN AMENITIES
TWFNTrsouR RF9•gFRDOED ROOT BARPoEA SHALL BE PRwbED FOR
BKE RACKS (5% OF REQUIRED PARXNG)
you V
>RCN
SHADE TREES PUNTED WmF
ROOT ED R1 FEET OF CUES ORSOEWUIIS
BAIxFA9WlL SE 4TUL xAttOROANCE VnTY TIE
TRASH RECEPTACLES
LOT 7 I.AIILFAnu1EF6 RECONLEM01TENa
BENCHES
,
MMIER xACmROwO wt7Y TIE sEwcors. urnlr. A-1
tsw sE PROY10EO FOR TREES AND PALNa AOWCEM TO
,YPEDpIF RA6FD tXM�E,E C116xG 3WNL SE FRDYDED AADW.4l uL
%AIIT•IG GRANM wTfwvFl•Q1LM 16E ARFA4.
Legend
_.
ALL SOE1vl,l16IPWi BE A LrrAUN OF s FEET w wOTY PFR THE l>IRS
DE DRAINAGE EASEMENT
S.W. SIDEWALK
A1Ews SHUL BIT - LY-- TED wACCOROVF¢ WRY TIE
TYP, TIPICAL
NEWIEIFNfS OF THE Cm' ai PALN BEACY OAFOENA LOBS. TE
--T- -- SOURCE _ BE BY WAY OF PRIVATE WELL
R 20.5 -FUNS
S . SQUARE FEET
ALL NR.a«o
LIE. UTILITY EASEMENT
lEwnMG AT EIrtM Arn oOg69HWL BE dF PMp7O fyy
TO9. TOP OF SVD(
THE BUILD By W4 PE AMD LMUrt•G OESEM aH%L NAxntliE TIE USE
OF C OUTI N RINCnee
T.O.S. TOE OF SUCH
I^ RWNmEaY NPRDYD•TTEPRQEDSD R
THE PMOTONErnE: PuM Wu rEnECT UID _ __ x.cTaROAN¢
Location Map
/
iOODROAtA2YI1M TE RE-ENT OF TIE GTV OF F -BEACH DA1aX:F6
Au TREES PUNNED UM XR OR 11-7 TO FPLL POWER l•u WA
CONRr WRN TIE W4I -TREE PLACE OUDELNES
SOUTH PARK CENTER
AW(PN LOT $TIFPw, EXCEPT FONT PARE•6.VACES.9WLL BE
cGNSTRUCTEOUSNDTIEnNOPUSnE W.TEFF AMDAUaTRPND
x PAWYOt BNC s AREws slw. BE PAVER aRMxs O
ZONING: PCD /MI -A
APPRGPR TECaoR wACCORwMrE w,Y LOR SECTGrI TSaF.
LAND USE: LIGHT INDUSTRIAL
- PARExDAMGSmEETLM,YTS FEDESTRWYLERRSnwLBE
+FETAL --
LOT 6
PNO 1 O bGMS anus rt LLUF•AITEU YATM GROVFD AFOUrtEO
FI-SOM PYOTOOUs
Acc RAMPD 3,WLF LEST Au,1xwE
Loc1L RE T.TE DENAL STATE AMD FETERU AcFrssrAm GtIEElIIEs
Waiver Request
AMO FEDR ENS ANY UOOIIUTXws SFWLL CUE APVno.EO w TIE
E OF NGREER Df RECORD.
Prtl•sd
kA
d- 61n•1Tb,0
pISM PVIby
Cbn M•MPvI FxM'V
wtsl
34RIn•
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04M1111R LN•
ore sr
CUT
W.s.IeN
P.••q♦
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purr
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NW
m4gw.•R,.wwa..
bPa'�IM4 RlYq
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e•+Ia..lara:q
a•� tim
.••BPr
0
SITE PLAN
0, 20' 4(y Ba Im 16a
Scale: 1" = 40' North
Cotleur
Hearing
Landscape Architecture
Planning
Environmental Conwlting
Gfaphic Design
1934 Commerce Lane
Suite 7
Jupiter, Fbrida 33456
561- 747 -6336 Fax- 747 -1377
0 q �
O
.L)
DESIGNED ()FN
DRAWN
APPROVED u
JOB NUMBER na.nAlD
DATE 9 -0160a
RL14510N5 ,algg
W_ R4trA•-rt 09 -77-0/
zcwlrFURe to 060V
sdTCormAnFb /0-2244
C-10 Z 11 -1744
0ecem 22. 2Dw 1. v D3 . re
4 DADS,- DMc
SHEET 2 OF 5
REOIIEST
CODE
ALLOWANCE
SECTION
Prtl•sd
kA
d- 61n•1Tb,0
pISM PVIby
Cbn M•MPvI FxM'V
wtsl
34RIn•
�.�RWL,RM
04M1111R LN•
ore sr
CUT
W.s.IeN
P.••q♦
34RA1
r•W4lr.ror
arPR>. r35r
RRmb•w rr9N
sRr
E�
purr
IrTF•NP�
B. wn•WA•o
NW
m4gw.•R,.wwa..
bPa'�IM4 RlYq
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ffi.TrAIN
e•+Ia..lara:q
a•� tim
.••BPr
�at, nl
w.v.b..w.
r.r•I
SITE PLAN
0, 20' 4(y Ba Im 16a
Scale: 1" = 40' North
Cotleur
Hearing
Landscape Architecture
Planning
Environmental Conwlting
Gfaphic Design
1934 Commerce Lane
Suite 7
Jupiter, Fbrida 33456
561- 747 -6336 Fax- 747 -1377
0 q �
O
.L)
DESIGNED ()FN
DRAWN
APPROVED u
JOB NUMBER na.nAlD
DATE 9 -0160a
RL14510N5 ,algg
W_ R4trA•-rt 09 -77-0/
zcwlrFURe to 060V
sdTCormAnFb /0-2244
C-10 Z 11 -1744
0ecem 22. 2Dw 1. v D3 . re
4 DADS,- DMc
SHEET 2 OF 5
I
L1GHT
(SEE SCHEDULE)
'a
PRECAST, REwFoRcm'
Ed CONCRETE POLE
aemc
P
PU1B0% ROJA)E W -LINE
iUSE PER MFGRS SPEC
GRADE
CAN
Sikerdck Bench C
K/s VC P/C
N7S CONDUIT
Dempster Gate Detail
N7s
Dempster Wall Layout Detail
N/S
SMALL TREE OR PALM TREE WITH ROOT BARRIER
NTS
SUA DETAILS
c
v -fir-
_ 't -
V
I
�I I IEIE=
PARKING BY
DISABLED
PERMIT ONLY
Lo"I.-
/ ! stwpast
10.. Note -
SymbaJ to be 4 "wide wAik
rJafc paint on payment
Handicap Panting Details
N1S
CANOPY TREE OR LARGE PALM TREE WITH ROOT BARRIER
N1s
white
SM—Ol cU
GRD RD
Light Pole Installation Detail
NrS
Standard & Handicap PanFinp Layout
Nt5
PL4N7" ATA7E"
(COCO PU/M. WAX MYR7(P
OR S4NOANAWA VM&"UM
1.PANSPo.CIIIX
l�.reneR.w.
JR.AVjJne.r+
III 1111110 II II 11111111
OPEV FORACCESS
Transformer Plantbg a rransformer P/antinZ Detail
PUN WI WE IN N7S SECT/OA(V/EW AMS
.u..ewff c.PrAlo uJAnxsrN.M asaem�m a rA.s.POes
NnNCaw.wwrrrw roAO.ere JaPi n+rmr
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iUSE PER MFGRS SPEC
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N7S CONDUIT
Dempster Gate Detail
N7s
Dempster Wall Layout Detail
N/S
SMALL TREE OR PALM TREE WITH ROOT BARRIER
NTS
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Handicap Panting Details
N1S
CANOPY TREE OR LARGE PALM TREE WITH ROOT BARRIER
N1s
white
SM—Ol cU
GRD RD
Light Pole Installation Detail
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Standard & Handicap PanFinp Layout
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OPEV FORACCESS
Transformer Plantbg a rransformer P/antinZ Detail
PUN WI WE IN N7S SECT/OA(V/EW AMS
.u..ewff c.PrAlo uJAnxsrN.M asaem�m a rA.s.POes
NnNCaw.wwrrrw roAO.ere JaPi n+rmr
Site Detai /s /Amenity P /an
Cotleur
Hearing
Landscape Ammecture
Planrirg
Endmnmental Consulting
Graphic Design
1934 Commerce Lane
Suite 1
Jupiter, Fbriea 33458
561 - 747-6336 Fex- 747 -1377
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DESIGNED
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DATE
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GENERAL NOTES:
wWei�R: n�E;N� ,�:IwTEET ®IIp�•ETrtM.5 hsluNl+MEOhIDM ac W+r
.Y„�I�. law tip 1NF e11Y Os pYY sUp pµeEb. Tr ew.Ea Ntl ME U W>UPE MCwrtFer.
ME�wea��e�, �, �R.�aF,•,,,���ra...�.�eu�,p��.ro
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/u nao+E Mglne ORIfEE EE. r0.wsaasEw, s•rtfPl sv4s.c CO,pp,aO,auO uae' 6wLL BE
NLLV 9GEEafO MOM VEW tie T&EE aDFI wllw Lvgsfissq ME Wm'wsw09,wi F %IIIq O,.E
Eoor wowM rWwrNE rustier roar aF aArEarsannr>.cvrww,wa
.ss rnErs wnss sE IoesrEO wms, A races nANnn eEOwm.nv..a•aE rwom EEar o<
aruuacE ro rNE EooF orrrE am.
oo� •rr,urs'�•'�u+owwnw.ni.�.wrrosu unmwMamr,a+vanea.>w. of wwnm
raEES swu. x ov aosEn Mew Is Mou swuramFSUrrsu..wwom r,wm waver
e ravvoEn. w wnvE raEE wu eE rEeurrEO acaEnMw wMOe9„un,rFa
un 1wEFb S+Wt aE p0 GOBM iww 1p Mew sun uilf,Ei unrm.n w•mevFe.enmr W0161°
rsOVgFe. we run 1sEE wLL 9E vEnrurrE0IXe9q M.n TMOIrv.Nan.s
us aoo awu of arEnor�w.eu° aEm„wna+ra9rurlaru+urnlESOVs
MEES wm,w n.xrwv olwnos u;ss Mu. ENE nl rECrwwoMmwsr urwrmrouoo
mwEUVrs wrtw ME vounnn of vEnnss
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p aECEasuw, RECw]FDgAttweeOa,.eRUE 6,0x0 E
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FwnM sFFU6 srwt WIT FifCEFD SNO. °DEE OF•,.
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REVISIONS
Location Map
LANDSCAPE PLAN
a, 10 20' 10 w Bp
i
Scale: 1" = 20' North
Cotleur
Hearing
Landscape Architecture
Plannig
Envirwvnental Cm rdl g
GmpNc Design
1934 Commerce Lane
Suite 1
Jupiter, Fbrida 33458
561- 747-6336 Fu- 747 -1377
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OATE
REVISIONS no -rO.as
sorrcor,.,.,,n roa�sal
saitCa..w,r,.e 1au-0Y
Ea.a,_ 2srr � 2 -n�2s
rrrnnW iso200
Decansa 22, 2M4 Y]2i9 p. m.
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SHEET 4 c. 5
acA eLw.
RG BLVD.
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NOE„m,
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BURNS RU1D
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NORTIRAIO: eLw.
LANDSCAPE PLAN
a, 10 20' 10 w Bp
i
Scale: 1" = 20' North
Cotleur
Hearing
Landscape Architecture
Plannig
Envirwvnental Cm rdl g
GmpNc Design
1934 Commerce Lane
Suite 1
Jupiter, Fbrida 33458
561- 747-6336 Fu- 747 -1377
O Q �
33
cUc��
� 4T
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Q 0.
DES�cnED n�
DRAWN Iu
APPROVED Dfi.
.108 NUWBER nclMla
OATE
REVISIONS no -rO.as
sorrcor,.,.,,n roa�sal
saitCa..w,r,.e 1au-0Y
Ea.a,_ 2srr � 2 -n�2s
rrrnnW iso200
Decansa 22, 2M4 Y]2i9 p. m.
o — —IM, owc
SHEET 4 c. 5
LANDSCAPE SPECIFICATIONS
1. Gpf ML UIOSFAPf 0.fWPE1Bn5
1/ADSC Ff mnsAE waRK p4ulF; s0, a Nor lMr ®ro. soa tRFI�wAnoN. nM n Firm crApw4
RAM 5� Arb S�swL mua1M mTIEH wolutm 0,N r1E Buwwq rb1814ATwE snot mNraM
m srANDUm MM NAre, LBLI ERTION. W NuLSBF star srwL E w A®1rDAN¢ wITH li1FD6 Arb
S1RAOxlts MII NLfl4aY MITTS Mm51 a 4 UT6l lOInw1 RlIIINw BY TILE RORbA OfN1fIMdR DF
AFiBO1nA[AM m1L9lH S8NR$DngtSf[�1 ®OpeSr6F. W MJRSSwLLERpIIIN[FIADE
xLRER I a efrTER As DEIeIMAEO r rsE Rmn Drvmox w MM ddale.. nomr oar nAWr, m tvABEp
oR FA6011®p r0, DneDrAExT Twr FIRST ArFaRKE¢ a UFGLESIIBFFAnE AND rt ¢ aursrANBw¢r srauw w
rDRIL NLr®I R BRArnQ m•EwLTrE55 AND SmEnr. W RANa swu E MmRr ay>a.•b, reunR,
vmRaTS, wEU RNxoEO An FREE R DaEwa AxD psfCT cgs AxB LMVK ANO n1ALL wrE AB[pNIE nor
113'1[16 TIRE An MLMS RXl MNTdG 10 ,V5 9NLL E WARN d SIIE AND SLNFC W wtaws SITYL E
SInH. m AMRWK BY THE UMSUJ! MpI1FCf. nlf RMIIS RRM -91® 9wLL E NW VI rM t1E VAl@IY
AxD RDEw rasER L. n.LNa slNU E wFm Rua ro DfLNER war tRgN tHF AMRwu R tNE UN04AM
AnoETECr.
W QWiApa (aIDNW .`-AA — E HEILLTMY, WmilBl6 Weli00Tm RANK AAD 6Tan14 ®p t1E
mrITADIa p WMOI IIEF AE QAA lllE %NETS SIWl wVf lR5 R (DOD OUALITr AMD E d A HFMnN LF10NBfi
Wal RF1Rp m sN1E AND 1•xO tOGETNa wIEN Reov® MOM t1E mrrtAda
••MN RALL E SHREDDED e! YTMS. r HALM.—
FanLDFA p ILODIlI MRM[ loR ALL RANTS SwLL OONSLST R MIWGANm ALTIVAtFp SILDR Lpg, WRN nE
FanlIID1 Ip11•ffi ANp SlEles WY E TAnR FORK R GMKMA QINNM FanL®1 SINLL E wDalel p
mMO4TIDR pN AND ManwvBl4 TIDS RETIIIIH slwu E DaIVERw m tHf sTTE w trE oucDNL u1OrEr®
ML3, EINN BfuuMG tlE MuRFAEl,R1EK SrATET•aR R ANUms AxB SwLL TER T,E FwIOLVa4
BfVLBfEFEFIm u x NnnmF. T w RLBSMOp6 u N RRAS9uL wla iRON. nnR FanLLaR fACAVORN w
fplK) p II GILW SaF SwLL KE'rM IR10Wdr ALt,NID.RNl2 ]D N,aTUGa, N w F,lO5R9xs AMD S R
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R true uaESS BdawaF srmFDD.
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mwmRlm ubsrTH wITrIWr rsuTwG sHar
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nlf IGf nw6 w RANT; IS 9gWN d TLEy Mrq IRE AMImOW.TE ME iVNI LOUTOLB wv E M}¢T®
ro Acm.EbDAn vEmRESfa FTnn mwomorz. sN1oR bAaTrENrs ro nE uwur.K ro E AREram x
M LWTH' R MOQRCr.
W MSM FABRC SHW E RENOI® FUN MM wTE0.Ut AT TILE R Da1KUTILIN.
W rLEes Msr E sTAED As SIOWN oN tHE RKrrrw RruLS wmBN r Lows w NANrD.e. srAIE ro r
roR A Nnm•1al w s rnNTla. art NO LoN¢a THAN u IoMI¢. mxMCtoR a RmamnE FoR 1•LDIIBYEFLF L
RE1DVU R n1F STAN
W TREE MbT E MIRED A5 RR LWOSCAPf AROanCT3 BDIATTON. SEMI MLl¢ wY E HD0.NGLR 611.
W SK,.6, TREES AND CA01M mVa WILL wVE IMEWED 500, A5 R0. P1ANfIxG Spa NOB. tNF Spts SwLL E
nE UNDSf FE roNLaAETOR 9wLL WArFa MaO1, W ®. MINE, NC OT,6MI5[ FLLprtYN W MNiS, ilA1LOLNG
500, VREL ODLRfTid R mMMKT dl A[IIRANQ R LAAFDSGPf MOIRitr, SFTRID MNa S1MLL E PfgT
m MaPa GRADE. RAMING $AIkE RBmn4 Alb OfiE<TIkE WORM mRRRIa.
TIE IANDSWf O]NT0.ACIO1l SHKl AT W TD1B [El M PI1PEf5 fEF FACN AmMRAnW R W/STf
wTaN15 M Rea LYxED R Lis OLFWS OUIDIG Tnf 1f4QWLll3 w TIEVIpB[ WM O]•RLEnw w THE
wars nE OIMRALTpI S3YIL MwFiIY RERp'F W WASH wTERW$ RBRa, 1rAHD FLINT winaLL, f2i1V
RANT mMADFas ANO W FpBrsExr MBN tIE rx]!cT STrE
UOM WAELEnwI R Tllf WORa 1NE ULrDYAP( OMTRK1011 SwLL MOraY LIE WbSWf ypBTg yD
REn1E1T A falAl DarfRDX. AM Re¢ nNTAE xDRD dmM,rR R lr1A®1ME d tIE I.lrpSCAlf
AaUETFOr DR QVNfITS IIf1116ENTAlNF SnVI E MwiRV m11ECta R tNF IANDS mNIRACIwL
TIE LK/4ff M mNfRKIM sWLLL gWMNTEF W DAM FLLTFNK FOR A FEAI00 w Sq Iq MND6 FUN M
DAn DF mMIibNK A ®rAIER p LVRRDFG Fnnl LIE LAIAYAR ARDDIEL AT— nNE w OiDmp1K
A�RAII(S, TIE SIX fit NOMM N311fD SrNLL ONRBFQ. AMr wTaws WNIO, Wvf D4D oIRING lIOS FeUOD
SINLL E MONIILY R9u¢D WRN S1EprEts TNT RR THE MwaRM KQ1axHfMS Wl® FOR ON TXf
RESaOIapE FD1I wATDUNG wb ➢meLEFaE NLprA1NgG MMS V ro nE O>xOmOnAI A ®rYIR 831100
UnBS A wIUTLEN,Y ffMEM WIM M W�OSCAM AgQ1FCT FCwID61d1 A DDTeM MRANCeE3R.
W TABOR AND rNtadl id1 SOa AAEIpEARS AND MRDIIa tINT a R[pall®m ne.RF tIE y„LT8 R
fSTAR19P•OIr AxD suRmlu R THE Fnlos ®L2cRAno4 As waL As.0 tHF msT RIR tNE RE3wK w
sAaEaL AIIOIM w1 wrp Tonga Aw alomr o>»ACr.
reRE tEE m RB•WE M11I¢O oLArFO6, awOVE wTUNL Srwrf Arb THw ovr stnETUE. m NDr 118oh
LEME tHAN a • R aAIFCE 00 NOT 11111E M¢ TNOMt uARa
GW ALD SHE tNfE p A®ImAIQ WR1M SiALwrf DFrl1a5 BAIEDNT¢r AFTa gAMdG
z RAMDC slwR¢
uwur snee m aMTf A LDxrrsLRnLa sroD1N aONr tDE An FILL w ®mn.
ExGVRrE Rrw rlElla m 1 -vI TDES TIE DIA•ETa a TIE w, e w mrnABERS w r0, wan Tnw tIE
SIRMORRODa AFbrDEas TwN n,llml®rn RA}ibIOW AT RLRalpprt. OlrwE AuY6LR
enaNTf vonx AFO An Reams. IDPNGRAR ararar D[a� AxD ER1m AT EoFS a DuvATTVE. AMIr r
AFF•wE NpE TWIN ss R R EAiFD6
LANDSCAPE SPECIFICATIONS (cont.
• RANTgGGWrD mOa
wOSa sLgai,ADE ro DFRM DF •' p AEJS wIEE TOPSDa 11IS BEEN STIIM ®ANp SRUAD SrmiN.
s.0, PIAxrs As OMEIaN6F pDIGTED. wG HoIES uNSf EN4AI m Wwr sMUOdc DF Rrors mIMCT
sAOODL ro eDO1NlF VpD3 AIC LGVE GMDf SllGH1lY pf91 ®Ar FAO MNr. wAt6l npPplplLr. AALr r a
MaOI OVER BRIE FL.•'1DIG ED, Lame MM f41AQ ARWE 11LA01. nME PEa taal�m.T3l a
sR�1m, swu axLr REmvE ,• a HELD,.
DuBIG rams R Nor sue AN4gR wDb AT TBE R MNFII4, MWIR In+arlvE m.0, Fw eVaK an a
AS M<ID ®.
S. RAMdG UwE¢
suowNC� sm mfsLELgaD 0,N nANrLm snElEnAOBNE StRaMO wrrbE nwN rlbLns MmR TD
urD6
LOOSEN 31160.AR m DFRn DF •' AND wAOF WnH 1L1159LL fRHER FR0/D>®W SrR w pBDR ®m Fpm
Df9Gll eA'ATAM. ROIL xlBA0.Fp UWN SUEA2 WATEiI tngORpLLY, RR Po NOT otEATE MelOi 3f Dla
oDrrnTa.
rRITa>g sea AT tHE MlE w ARNnaaNtar ID u0, r0, 1.Dm sE. sMMB RRrnua ova Tx ARM ro R[�Yf
rdA6 M I¢dG AN AMW ®DISTBIRRIp1 DNR GllaatID m BBSrRinfiF M AFFBDIedtF WLNRrY. DO MOr
faTalII WIEN Wp0 YflOCiTr p ®1 l5 NIX. TLOIpUfiEY rm( F9TILItHII Df10 nE tb 2' w IDISOS.
SOD SF•aS WRH Dort bpi; WMOT Q9tl.V. 1T ;115tBSRmOR4T10IXI5 wAWI0li mlL56
WONt 9Rm 500, Mt iNiO MMOR PAO BFM'LBI Rf0�3Of SOD Nb EEVIF pBI55IDIL DBOSfiS riwl
NAOFrKN LLIOSiAK WORE UIRL iDNI AOI-1rAM0; a 62-60 M nE OWNa3 0.M0.0EMATNE DF41R
AtFRBF4 wEEDBF4 BaTWanw. RfstoRAT1BN of LLADE. wBATw AND tapfmc suss, MIREBL tRtg,vo
sw1>6, MDrFrnaN �Dffcts AND DaFwsFx Fe1mmND Aro suaAR aLEUnw+s As NEFBED ro sax[
Nwwl marF1H AND IfraTH RIR LrvE Rnvr wTaDAE
MM MA E SUBSTIamd
NO SwSRT1FrIW R MM wTERUI, n'Ff OR SL[t5 WILL E FFIBDTTEB WIMgR AUObgp.LTIM FurltlE
1Albsurt ARaBrzcT.
MNIDYG ED ME2ARAnw
W MNfpG EOS 51 Wll E RtwaLY RaIARfp RIIpI m THE ODI}EN@0IT OF ArII gANlDl4 RµrdD
A•E6 DELL,DDIG UWr¢ 4WL E RIE w W WEOa AND 1n6K1¢ Vair TAYI. a TOIII®0 pU55 (IAlapx
RaelSl a MBBIT OR f11WIMaw OwpG MNIIAG, Rif UIOSGPE <aM0.ACmR 51W! STR W RANr1NG
IWfa R GW E DBFwISTMRO TNT R INS BEd mMlETBV pF•OVED 011 EMDIwTfD. n1Blf 51wLL E n
FYrEmpa ro tH¢ NbvI51OM.
GENERAL NOTES:
u PuM w,rTDHU sL1ALL E xoROA xLw,eEn , oR efnfR As aEFxfO m TIE aN¢1o.1 R PLANT
AOVSrRr aMDES AHD sT•wD.woR
LATEST Epson
TIE L.wDSGWE CONTLUOTOx SMALL NOT LAA1R AM SUBSirtUILDHS pit ONHOES WIiNIXIT TE
AumORwTpN R THE cm R PAW eEACH OAROEHS, THE OIVNEn Aso TFE L.wDU.,FE ulw•tECr.
TKU--AM OpHTNCfORSwLl REVEW THE PRp1ECi pUNADE AHD U,Lm RJJ 9PF1gRm _ _ — - _ _
Cw61RUCnOH AHO AVOD KLLOLEIYii nE UHDSf ECOHTRAOTDR 5w6L yEpR1'MELOGIN]H
OF KL UEDEROROLMD V1LRE3 PRgR ro [OWFHUb WORE
TREES sLNLL BE PO&TgNE6 roAVOO COIrLKTSwrtH snE LbMw
LANascAPE swu colEOmA ro THE Rfou1LEAFEMSOF THE cm R PALA. aEAa D.VmEIa LArb
RV¢oaEM REOUAmaa
ABO1E DROLxo MUTES IF TRAA¢FaRDEaa swTOl LwaES, Ac caHOErapRS AHOKAD: sHAU SE
MT 3OlER TI—pH VEWON 1wIEE SOESwmLLANOSCAPxa ME PIO Rq 3wLL E%TFHp DLE
FORT IW1ER nLA1F TIE TALLEST PoM a<SAO Epl•nLEM AT 1xFE OF PLAMx¢
u TREES sw,u E LOUrED wnNx A Rua PuurREG BED wRH A NxMUa R Two (n FEET a
CLFARN4 ro 1HE EOOE R 111E BED.
ROOT MEIL xACCd3w,HR WRH SFAOWSTURm WTLgxry (Sw)CMpeA,wwlLE PgoVpEp
Fwi TREES Alb PALMS A0.MOFM TO Sw LrtartES
SHADE TREES SLNII SE LIOOLOSEA I,tAN tS FROH Sw UTartEl LME55 AN AfPROVFD••• ROOT B,MER
a PRWOEp. NO SW.OE TREE WLL E iFRU}TED QDSEN nNN tD FROM SW UTIfIF..
ALN TREES 9HKL E NO ¢DER n,AH l0 Fpi1 SW URrtES Utaeae AN APPROVED A•• ROOT BAR1iEA 6
PUVDED. NO PKN TREE WILL BE PERLMIFD QOSEA TWp T FRCAI Sw MIrtFS.
A31 SOB SHALL E STEAOTAPL•iw SELOIbAna'FLORR,uT 1St AUOUSIRE SOD1
IFOLIO L9AW3 LESS 1H.SN FNE ry) FEET IH wpTH SIW L BE LOGTEp ro AVOO
eorsLCn wrt�reE oLEmssHB a vEHnES.
TrFE OOR F—ED CONOETE CWBRD S3wll BE PRW OEOARpNb ALL PLAMNB aIAlIDB WTNF
VEMCUI.w USE AREAS
TREES AT ENRWFOE WAYS ANp WOHN SRHr TTlu1+GlFS Swli E IRaNKD x SUGHA FAwea1 ro
FEET fSOE Va6ARV rfIHfL1O1B. CLFANValam S,NLLENAMARFD BETWEENb NIpES AIDI
FEET.
PUWTNG I.RIAIOB WOMN AAO AWACEM ro PARg10 AREA. 5HKL BE FREE R LNE ROLN AIb OTEA
L,�w,TERNLS To A RITII R a f LECESSAR.. RECVCLEp PLANrxc soa waTwE srbun x
D ro rERwLf wuurt�uLE soa, wHA:H a ExuvATEB
FARM BERW SRKL NOT f%<EFD S A-A HOPE R A,
ALL AFEAS 9,NLL BE R.ELr MgATFD x ApbROWTE wLTH TIE REOURENFtIIS Of LIE Cm R PAW
BEAD, GAROEr6
rv.TCH srsTEN sINLL E RsasIED ro PRO+•x ,00 • ovEltur COVEwBE ro Au uvosrnPE
ALb 50OARFA
TIE NMGAIbH SVStEN SLWl SE EOUPPED wrtH A wx SEHSOR2Ul OFF Swrtpl xACCORDVFCE wnH
STATE ANp Iw' REWPFAENR
THE LnrdSU>+E ooHTMCIOR $ILV l E LESPoxSARE FOR ALL 0-60X05
ALL EADTD AND NLLSANOE VEOETA— SLNLL BE REAL WEB FROM OH 511E
SHRUB /GROUNDCOVER PLANTING DETAIL
WIS
PLANT LIST
LORI
Typical Small Tree or Palm Tree with Root Barrier
ApprN ;"26,2uH
SUA DETAILS
GIEOORY _... _.___..__._ REOUaEAEAfT RUIUMED Ext3Twa o= PROVIBlD
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PALM PLANTING DETAIL
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Cotleur
Hearing
Landscape Architecture
Planning
Envirunmantal Consulting
Graphic Design
1934 Commerce Lane
Suite 1
Jupiter, Flonda 33458
561 - 747-6336 Fax- 747 -1377
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DATE: 12/16/04
DRANK BY: G.P.
PR0.1. NO. 444
REVISED:
S,.E_':
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ROOF PLAN
ve• = r -o-
r�
k 3
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SOUTH PARK CENTER
ZONING:PCD /MI -A
LAND USE: LIGHT INDUSTRIAL
E ' m
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HANDICAP RAMP NOTES:
ALL HANDICAP RAMPS SHALL BE INSTALLED TO MEET ADA REQUIREMENTS AND IN
ACCORDANCE WITH FDOT INDEX 0304 AS APPLICABLE.
STRIPING AND MARKING NOTES
All pavement markings, excluding parking stall striping (paint allowed), shall be themoplastic meeting the
requirements of the FDOT Road and Bridge specifications, latest edition.
All pavement markings on paver brick areas shall be installed using the appropriate colored bricks to
provide the markings as required and as shown on the plan sheets of the construction drawings
-
UTILITY LOCATION NOTES:
ALL UNDERGROUND WATER, SEWER AND UTILITY LINES SHOWN ARE APPROXIMATE AND
ARE SHOWN FOR GENERAL LOCATION PURPOSES. EXACT LOCATIONS SHALL BE
DETERMINED BY THE FINAL DESIGN AS INDICATED ON THE PLAN SHEETS AND AS
DESIGNED BY THE UNDERGROUND UTILITY PROVIDERS.
GENERAL NOTES - PAVING SECTIONS
NOTE: UTILITY EASEMENT LOCATIONS SUBJECT TO CHANGENARIATION
BASED ON FINAL DESIGN AND BASED ON COORDINATION AND REVIEW BY
UTILITY PROVIDERS.
PAVER SYSTEMS SHALL BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. IF ADDITIONAL FILL IS REQUIRED
BETWEEN THE SYSTEM AND THE SUBGRADE INSTALLED CONTRACTOR
SHALL INSTALL EITHER LIMEROCK OR COQUINA BASE COMPACTED TO
98% AASHTO T -180 (SAME SPECIFICATIONS AS BASE COURSE).
DRAINAGE PIPES SHALL BE EITHER R.C.P. OR C.A.P. OR F.R.C.P. WITHIN ROAD AREAS,
WIP'W
HCR AT BLDGS
NOTE' HCR /3 -MOD MEANS ONLY 1 RAMP
BUILT TO REQUIRED SIDE OF SIDEWALK
OR RAMPS SEP. TO ENDS OF HC SPACES
inset curb ramp no 90018
NOTE: IN THIS APPLICATION RAMPS CAN BE SEPARATED AND SIDEWALK CAN BE FLUSH
ACROSS ALL HC SPACES
TYPE "D" CURB
N.T.S.
TI k
b l • Ama�RePVaroenae' rWe,cw6
L� CONCRETE HEADER CURB
I
1 I/4' TYPE S-10 ASPHALTIC CONCRETE (SN.0.53)
RC -70 PRIME COAT O 0.10 GAL
6' COMPACTED CDOUWA OR UMERO" BAY (LBRTOO)IN THREE UFTS
98 X DENSTY PER A.A.SH.T.O. T -150. (W-1,00)
12" COMPACTED SUBGRADE (STABILIZED TO 35 PS FUN). 28%
DENSITY PER A.A.S.H T.O. T -Iso. (4N - O)
SN = 1.62
TYPICAL PAVING SECTION
ALL MATERIALS AND CONSTRUCTION SHALL
CONFORM TO FDOT STANDARDS
oF't
LOCATION MAP
NOT TO vM T
LEGEND
• DRAINAGE MANHOLE
■ DRAINAGE INLET
DRAINAGE FLOW
PATTERN
-SANITARY SERVICE
FH _< FIRE HYDRANT
--G- WATER METER
W.M. WATER MAIN
S.S. SANITARY SEWER
r 6 1 I
TYPE "F" CURB
PW BLVD.
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PARKING AND ROADWAY
Jupiter. FlandR 33458 561
HALL
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SXNL BE UrED OH PAVtA BbGC IPFAf M OEU Oi PAM GR
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OF
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2
N0.
DATE REVISIONS
NORTHLAKE BLVD.
MAW LVC 1430
LEGEND
• DRAINAGE MANHOLE
■ DRAINAGE INLET
DRAINAGE FLOW
PATTERN
-SANITARY SERVICE
FH _< FIRE HYDRANT
--G- WATER METER
W.M. WATER MAIN
S.S. SANITARY SEWER
r 6 1 I
TYPE "F" CURB
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71 VY131
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CONCEPTUAL WATER
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NOIE RFSLECTMdrID PAYERS BMC%9 Of APPRpP15A1E NLpt
SXNL BE UrED OH PAVtA BbGC IPFAf M OEU Oi PAM GR
TeesNpPLESr¢ �TERNL
GENERAL NOTES:
CURBING SHALL BE TYPE
DEC 2 2 2004 UNLESS OTHERWISE NOTEDwDn
r
ANSPACH EXPANJINC
O
coRD DRAHNC DATA
71 VY131
By
Iw
CONCEPTUAL WATER
PAVING AND DRAINA
SOUTHERN DESIGN G�" FE S .enrs PI—;N k ProiSHEET
50a�NRpbum A—— SYRe 2
NW
MAW
Jupiter. FlandR 33458 561
OF
L
2
N0.
DATE REVISIONS
RY
MAW LVC 1430
HANDICAP RAMP NOTES:
ALL HANDICAP RAMPS SHALL BE INSTALLED TO MEET ADA REQUIREMENTS AND IN
ACCORDANCE WITH FOOT INDEX #364 AS APPLICABLE.
STRIPING AND MARKING NOTES
All pavement markings, excluding parking stall striping (paint allowed), shall be themoplastic meeting the
requirements of the FOOT Road and Bridge specifications, latest edition.
All pavement markings on paver brick areas shall be installed using the appropriate colored bricks to
provide the markings as required and as shown on the plan sheets of the construction drawings.
UTILITY LOCATION NOTES:
J IR - - - - -! ALL UNDERGROUND WATER, SEWER AND UTILITY LINES SHOWN ARE APPROXIMATE AND
ARE SHOWN FOR GENERAL LOCATION PURPOSES. EXACT LOCATIONS SHALL BE
DETERMINED BY THE FINAL DESIGN AS INDICATED ON THE PLAN SHEETS AND AS
DESIGNED BY THE UNDERGROUND UTILITY PROVIDERS.
GENERAL NOTES - PAVING SECTIONS
NOTE: UTILITY EASEMENT LOCATIONS SUBJECT TO CHANGENARIATION
+ I W EST PARK CENTER I i !/ ii BASED ON FINAL DESIGN AND BASED ON COORDINATION AND REVIEW BY
Imo— I +/ r! UTILITY PROVIDERS.
ZONING: PCD /M 1 -A I PAVER SYSTEMS SHALL BE INSTALLED PER
�� I
MANUFACTURER'S SPECIFICATIONS. IF ADDITIONAL FILL IS REQUIRED
LAND USE: LIGHT INDUSTRIAL I L_______
�� BETWEEN THE SYSTEM AND THE BUBGRADE INSTALLED CONTRACTOR
p / SHALL INSTALL EITHER LIMEROCK OR COQUINA BASE COMPACTED TO
iL_ pia t_ --------------- -- —xr 1 C 98% AASHTO T-180 SAME SPECIFICATIONS AS BASE COURSE).
Ln Z ' DRAINAGE PIPES SHALL BE EITHER R.C.P. OR C.A.P. OR F.R.C.P. WITHIN ROAD AREAS,
I �I ♦\ P n L.7,1 I I Mi
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\ \L_ 17,270 S.F, 10, UTi
EASEMENT - - - ---- ------- - -- --� 1_ --
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OR RAMPS SEP. TO ENDS OF HC SPACES
inset curb ramp
SOU
ZON
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no scale
NOTE: IN THIS APPLICATION RAMPS CAN BE SEPARATED AND SIDEWALK CAN BE FLUSH
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el N.T.S.
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Nm CONCR�E'H�ER CURB TYPE °F" CURB
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GENERAL NOTES
CURBING SHALL BE TYPE NDN
UNLESS OTHERWISE NOTED
1 1/: TYPE s -ill ASPNALAC CONCRETE (SN -o.S3)
AC 70 PRIME COAT a 0.10 GAL
6' COMPACTED COOUINA OR UMEROO( BASE (U3R100) IN TNfRE LIFTS
On DENSITY PER A. AS.H.T.O. T -160 (SK-1,M)
12' COMPACTED SUSMADE (STABIUZED TO 36 PSI FOY). On
DENSITY PER AA.SH.T.O. T -1e0. ISM - 0)
SN = 1.62
TYPICAL PAVING SECTION
ALL MATERIALS AND CONSTRUCTION SHALL
CONFORM TO FDOT STANDARDS
LEGEND
• DRAINAGE MANHOLE
■ DRAINAGE INLET
�.-► DRAINAGE FLOW
PATTERN
—SANITARY SERVICE
FH —< FIRE HYDRANT
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W.M. WATER MAIN
S.S. SANITARY SEWER
DEC 2 2 2004 LIMITS OF CONSTRUCTION ENLARGEMENT
PGA BLVD.
RCA BLVD.
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BURNS ROAD
4
NORTHtAKE BLVD.
Nm CONCR�E'H�ER CURB TYPE °F" CURB
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GENERAL NOTES
CURBING SHALL BE TYPE NDN
UNLESS OTHERWISE NOTED
1 1/: TYPE s -ill ASPNALAC CONCRETE (SN -o.S3)
AC 70 PRIME COAT a 0.10 GAL
6' COMPACTED COOUINA OR UMEROO( BASE (U3R100) IN TNfRE LIFTS
On DENSITY PER A. AS.H.T.O. T -160 (SK-1,M)
12' COMPACTED SUSMADE (STABIUZED TO 36 PSI FOY). On
DENSITY PER AA.SH.T.O. T -1e0. ISM - 0)
SN = 1.62
TYPICAL PAVING SECTION
ALL MATERIALS AND CONSTRUCTION SHALL
CONFORM TO FDOT STANDARDS
LEGEND
• DRAINAGE MANHOLE
■ DRAINAGE INLET
�.-► DRAINAGE FLOW
PATTERN
—SANITARY SERVICE
FH —< FIRE HYDRANT
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DEC 2 2 2004 LIMITS OF CONSTRUCTION ENLARGEMENT
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DATE: I REVISIONS: I BY. 1 I\
\n14242 \67- 91 \98- 015 \98- 015.dgn 12/22/200410:45:37 AM
LOT 7
(PLAT BOOK 67,
PAGE 87 4 881
Cl
L - 334.08'
A - 27.57'45"
R - 884.53'
CD - N88.34'33 'R
C2
L - 102.08'
A - 05 °18'58°
R - 1100.00'
CD - N85.12'54 "11
40 20 0 40 90
GRAPHIC SCALE IN FEET
SCALE: 1" = 40'
PROPERTY DESCRIPTION:
LOT 1, ACCORDING TO THE PLAT OF SOITHPA(K CENTER,
AS RECORDED N PLAT BOOK 67 PAGES B7 AND 88, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA
TOGETHER WITH:
LOT 2, ACCORDING TO THE PLAT OF WEST PARK CENTER,
AN
AS RECORDED IN PLAT BOO( 67, PAGES 91 D 92, PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA
BUILDING SETBACKS
FRONT - 25 -ONE STORY OR TWO STORY OR 25 -HIGH STRUCTURE
AN ADDITIONAL I- SETBACK FOR EACH 3 ADDITIONAL FEET OF BUILDING
HEIGHT ABOVE 25'
SIDE - 15'
SIDE FACING STREET - 15'
REAR - 20'
SURVEY REPORT
r.
1. THIS IS A BOUNDARY d TOPOGRAPHIC SURVEY AS DEFINED IN
CHAPTER 61G17- 6.002(8), FLORIDA ADMINISTRATIVE CODE, RECORD DATA FOR SANITARY SEWER,
. a7. am
STORM DRAINAGE AND POTABLE WATER OBTAINED FROM A COMBINATION OF FIELD CREATED DATA
i 1.1 R
AND INFORMATION ON RECORD DRAWINGS.
♦
1 LOT 6
2. SURVEY BASED ON THE PLAT OF WEST PARK CENTER 4 THE PLAT OF SOUTH PARK CENTER.
1 (PLAT BOOK 67,
PAGE 87 4 88)
3. LEGAL DESCRIPTION WAS PREPARED BY LDBERG LAND SURVEYING, INC.
1
4. BEARING BASIS: N04.38'19 "E ALONG THE CENTERLINE OF WEST PARK DRIVE.
1
5. THE SUBJECT PROPERTY LIES WITHIN FLOOD ZONE B. PER FLOOD INSURANCE RATE
MAP NO. 1202210002 B
1
6. TOTAL AREA - 7.0 ACRES OR 304,920 SQUARE FEET.
7. EASEMENTS SHOWN HEREON WERE BASED UPON THE TITLE POLICY FURNISHED BY FIRST AMERICAN TITLE
INSURANCE COMPANY - FILE No. 00048655 EFFECTIVE DATE DECEMBER 7. 1998 AT 8:00 A.M.
NOTE: TITLE EXCEPTION No. 13, IN SECTION B-I OF TITLE COMMITMENT, OFFICIAL RECORD BOOK 1334,
PAGE 277, DOES NOT AFFECT THE PROPERTY.
B. THIS SURVEY FALLS WITHIN THE SUBURBAN CATEGORY AS CLASSIFIED IN CHAPTER 61G17- 6.003, FLORIDA
ADMINISTRATIVE CODE. ALL FIELD- MEASURED CONTROL MEASUREMENTS EXCEEDED THE ACCURACY
REQUIREMENTS FOR THIS CLASSIFICATION.
9. THE CONTRACTED USE OF THIS SURVEY IS FOR THE FINANCING OF THE PROPERTY. THIS SURVEY
IS NOT VALID FOR ANY OTHER USE.
10. ELEVATIONS SHOWN ARE BASED ON N.G.V.D. OF 1929 .
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11. THIS SURVEY IS PREPARED ONLY FOR THE PARTIES LISTED BELOW AND IS NOT ASSIGNABLE.
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PREPARED FOR:
THE ANSPACH EFFORT, INC.
\s
FIRST UNION NATIONAL BANK, ITS SUCCESSORS AND OR ASSIGNS
FIRST AMERICAN TITLE INSURANCE COMPANY
W.E. ANSPACH, JR. AS TRUSTEE OF THE W.E. ANSPACH, JR. IRREVOCABLE
TRUST UAD 3 -29 -85
\
A(ERMAN, SENTERFITT Y EIDSON. P.A.
,\
12. COPYRIGHT 1998 BY LIDBERG LAND SURVEYING, INC.
ITHE SKETCH OF SURVEY AND SURVEY REPORT COMPRISE THE COMPLETE SURVEY.
THIS SURVEY IS NOT VALID UNLESS THE SKETCH AND REPORT ACCOMPANY EACH OTHER.
SEAL OF FLORIDA
s
REPRODU LICE ED SURVEYOORTAD SURVEY
MAPPER EM NOT LOYED BY LIDBERGTLMND SURVEYING, INC.
LIDBERG LAND SURVEYING, INC.
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DATE OF SURVEY = JULY 1. 2004 BY: DAVID C. LIDBERG 0
PROFESSIONAL SURVEYOR MAPPERO
AN
FLORIDA CERTIFICATE No.
L I D B E R G LAND
BOUNDARY
LOT 1, SOUTHPARK CENTER 8 LOT 2, WEST PARK CENTER
CAD- K\UST \ 09242 \ 67 -91\ 9B -�
REF.
LS INC.
PREPARED FOR:
W.E. ANSPACH, JR. AS TRUSTEE OF THE
FLD. MW
FB. 265 PG.4
DB 98.0)5 -101
U R V E Y I N G !
W.E. ANSPACH, JR., IRREVOCABLE TRUST
OFF. L.J.C.
2330 J6
DATE 03/05/98
L04431 675 Wes( hdan(o -n Rood, 5u'te 200,
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 11, 2005
Meeting Date: January 20, 2005
Resolution: 22, 2005
Subject/Agenda Item:
Resolution 22, 2005 — Consider approval of a proposal for traffic signal installation services not to
exceed $300,000.00 to Signal Group, Inc. via an existing contract with the St. Lucie County Board of
County Commissioners for the following locations: State Road 786 (PGA Boulevard) at Avenue of
the Champions /Jog Road.; State Road 786 (PGA Boulevard) at Ryder Cup Boulevard; and Burns
Road at Allamanda Drive
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: $300,000.00
Council Action:
Michael Morrow
(Total)
Operations Director
City Attorney
Public Wor
[ ] Approved
[ ]Approved w/
conditions
City Engineer
Community Services
[ ] Denied
Advertised: N/A
Finance Administrator
Funding Source:
[ ] Continued to:
!C t3t���c i Sr►-
Date:
[ ]Operating
Attachments:
J c�iL� t
Paper:
[ x ] Other
Resolution 22, 2005
Exhibit St. Lucie
-�
305- 0900 - 541.6300
County Contract
Road impact,
�--�
improvements other than
Exhibit B: Signal Group,
buildings
Inc. letter of
309 - 0900 - 519.6300
acknowledgement
Burns Road project
Submitted by:
[ X ] Not Required
Jack Doughney,
Community Services
dministrator
Department Direc
Affected parties
[ X ] Notified
Budget Acct. #:
305 - 0900 - 541.6300
[ ] None
Approved by-
309- 0900 - 519.6300
��
City Manager
[ ] Not required
Date Prepared: January 11, 2005
Meeting Date: January 20, 2005
Resolution: 22, 2005
BACKGROUND:
The City performed traffic analyses at following three intersections: State Road 786 (PGA
Boulevard) at Avenue of the Champions /Jog Roads State Road 786 (PGA Boulevard) at
Ryder Cup Boulevard, and Burns Road at Allamanda Drive. It was determined that traffic
signals were warranted based on criteria established by the Manual on Uniform Traffic
Control Devices (MUTCD).
State Road 786 (PGA Boulevard) from Florida's Turnpike to just west of Ryder Cup
Boulevard was scheduled for construction during January 2004. Due to the Florida
Department of Transportation's redesign of the plans, the project has been delayed. In light
of this, the City desires to enter into a contract with Signal Group, Inc. to install temporary
signals at the aforementioned locations on State Road 786 (PGA Boulevard) to expedite the
enhancement of motorist safety. Temporary signals utilize wood poles with strain wires for
the signal displays. Permanent traffic signal fixtures will be installed with the construction
project and paid for by the developer. The permanent signal will be installed in a mast -arm
style configuration. The signal installation at Burns Road and Allamanda Drive will be a
permanent, mast -arm style configuration.
Construction of the temporary signals along PGA Boulevard at Ryder Cup and Avenue of
Champions is estimated to begin in February 2005 and will be followed with the permanent
signal on Burns Road and Allamanda. Funding of the signals will be provided by the Road
Impact Fund.
STAFF RECOMMENDATION: Approve Resolution 22, 2005 authorizing the execution
of a proposal for traffic signal installations not to exceed $300,000.00 to Signal Group, Inc.
via and existing contract with St. Lucie County Board of County Commissioners contract.
Date Prepared: January 11, 2005
1 RESOLUTION 22, 2005
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING A CONTRACT AWARD TO
6 SIGNAL GROUP INC. FOR THE CONSTRUCTION OF TWO (2)
7 TEMPORARY AND ONE (1) PERMANENT TRAFFIC SIGNAL
8 INSTALLATIONS, IN AN AMOUNT NOT TO EXCEED $ 300,000.00 VIA
9 AN EXISTING CONTRACT WITH THE ST. LUCIE COUNTY BOARD OF
10 COUNTY COMMISSIONERS FOR THE FOLLOWING LOCATIONS:
11 STATE ROAD 786 (PGA BOULEVARD) AT AVENUE OF
12 CHAMPIONS /JOG ROAD, STATE ROAD 786 (PGA BOULEVARD) AT
13 RYDER CUP BOULEVARD, AND BURNS ROAD AT ALLAMANDA
14 DRIVE; AUTHORIZING THE MAYOR AND THE CITY CLERK TO
15 EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE
16 DATE.
17
18
19 WHEREAS, the City desires to install two (2) temporary traffic signals at State Road
20 786 (PGA Boulevard) and Avenue of Champions /Jog Road and at State Road 786 (PGA
21 Boulevard) and Ryder Cup Boulevard, and one (1) permanent traffic signal at Burns Road
22 and Allamanda Drive; and
23
24 WHEREAS, the City has reviewed the traffic signal warrant analysis for the three
25 signal locations and found them to meet the minimum standards for installation and
26 activation per the Manual on Uniform Traffic Control Devices (MUTCD); and
27
28 WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to
29 "piggyback" an agreement awarded by another governmental agency pursuant to a
30 competitive sealed bid; and
31
32 WHEREAS, the City desires to use the services offered by Signal Group, Inc. as
33 outlined in an existing contract with the St. Lucie County Board of County Commissioners,
34 a copy of which is attached hereto as Exhibit "A "; and
35
36 WHEREAS, the City is in receipt of written confirmation executed by a duly
37 authorized officer of Signal Group, Inc. that the company agrees to be bound by the terms
38 and conditions specified therein and the terms of such agreement, a copy of which is
39 attached hereto as Exhibit "B "; and
40
41 WHEREAS, based on the recommendation of City staff, the City wishes to award a
42 contract to Signal Group, Inc. to provide such services not to exceed $300,000.00.
43
44 WHEREAS, the City Council has deemed approval of this Resolution to be in the
45 best interest of the citizens and residents of the City of Palm Beach Gardens.
46
Date Prepared: January 11, 2005
Resolution 22, 2005
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
2 OF PALM BEACH GARDENS, FLORIDA that:
3
4 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
5
6 SECTION 2. The City Council hereby authorizes the use of services from Signal
7 Group, Inc. for the two (2) temporary traffic signals at State Road 786 (PGA Boulevard)
8 and Avenue of Champions /Jog Road and at State Road 786 (PGA Boulevard) and Ryder
9 Cup Boulevard, and one (1) permanent traffic signal at Burns Road and Allamanda Drive in
10 an amount not to exceed $300,000.00.
11
12 SECTION 3. This Resolution shall become effective immediately upon adoption.
13
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Date Prepared: January 11, 2005
Resolution 22, 2005
PASSED AND ADOPTED this day of , 2005.
ATTEST:
AN
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Alm
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
CITY OF PALM BEACH GARDENS, FLORIDA
go
Eric Jablin, Mayor
AYE NAY ABSENT
G:\ attorney _share \RESOLUTIONS\signal group contract award - reso 22 2005.doc
Date Prepared: January 11, 2005
Meeting Date: January 20, 2005
Resolution: 22, 2005
EXHIBIT A
St. Lucie County Board of County Commissioners
Contract
11
1
SIGNAL MAINTENANCE AND
MASTER CONSTRUCTION CONTRACT
INDEX
ARTICLE DESCRIPTION PAGE
1
PURPOSE
2
2
GENERAL DESCRIPTION OF WORK
2
3
REQUIREMENTS
2 -3
4
PROJECT MANAGER
3
5
CONTRACT DOCUMENTS
3
6
PERFORMANCE GUARANTY
3 -4
7
TIME OF PERFORMANCE
4
8
DELAY DAMAGES
4 -5
9
PAYMENT SCHEDULE
5 -6
10
AUDIT
6
11
PUBLIC RECORDS
6
12
CONTRACTOR RESPONSIBILITY
7 -8
13
INSPECTION
8
14
PUBLIC CONSTRUCTION BOND
8
15
INSURANCE
8 -11
16
DEFAULT; TERMINATION
11 -12
17
NON- DISCRIMINATION
12 -13
18
VERIFICATION OF EMPLOYMENT STATUS
13
19
FLORIDA PRODUCED LUMBER
13
20
ASBESTOS -FREE MATERIAL
13
21
ASSIGNMENT
13
22
ATTORNEY'S FEES AND COSTS
13
23
NOTICES
14
24
INDULGENCE NOT WAIVER
14
25
CONFLICT OF INTEREST
14 -15
26
INTERPRETATION; VENUE
15
27
MEDIATION
15
28
SUBCONTRACTORS
15
29
DISPUTE RESOLUTION
15
1
6ks,
CONTRACT
THIS CONTRACT, made this �_ day of 2004, between
ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter
called the "COUNTY ", and THE SIGNAL GROUP, INC., or his, its or their
successors, executors, administrators, and assigns hereinafter called the
"CONTRACTOR ".
WITNESSETH:
1. PURPOSE: That the said CONTRACTOR agrees with the said COUNTY for
the consideration herein mentioned, at his, its or their own proper cost and
expense to do all the work and furnish all the materials, equipment, supplies,
and labor necessary to carry out this Contract in the manner and to the full
extent as set forth in the proposal and the accompanying plans,
specifications, addenda if any, and drawings, and they are as fully a part of
the Contract as if hereto attached or herein repeated, and under security as
set forth in the attached contract bond, and to the satisfaction of the duly
authorized representatives of the COUNTY, who shall have at all times full
opportunity to inspect the materials to be furnished and the work to be done
under this Contract.
2. GENERAL DESCRIPTION OR WORK: It is agreed that the work to be done
under this contract is the construction, installation, modification and
maintenance of traffic signals in St. Lucie County to be performed in
accordance with the contract documents. The COUNTY PROJECT
MANAGER shall initiate individual work assignments via Work Authorizations
(except for monthly maintenance, modifications and emergency repairs) to be
executed by the CONTRACTOR on behalf of the COUNTY and in accordance
with the St. Lucie County Purchasing Policy. Each Work Authorization shall
describe the specific scope of the work to be performed, the agreed amount
of compensation to the CONTRACTOR based upon the amounts set forth in
Exhibit "A," and a schedule for the completion of the work.
3. REQUIREMENTS: Agreement shall allow for providing all materials,
equipment, and services necessary to provide County -wide signalization
services including emergency on -call response, new construction,
rehabilitations, selected maintenance of traffic signals, traffic monitoring
sites and streetlight facilities on all County -wide roads. Quantities if shown,
are estimates only. The COUNTY shall not be held to any minimums or
maximums during the period of the agreement.
2
Term shall be for a period of twenty -four (24) months with one (1) twelve
month renewal option provided both parties are in agreement and there are
no changes to the terms and conditions. Price escalations will be considered
at the time of renewal only and must be documented with written
verification of industry price increases.
4. PROJECT MANAGER: The PROJECT MANAGER for the COUNTY is Scott
Herring at (772) 462-2511. The area superintendent for the CONTRACTOR
is phone number (�6�b;�4-w �rvla2ulr� 1-C�¢z 'M i�
The parties shall direct all matters arising in connection with the performance
of this Contract, other than notices, to the attention of the AREA
SUPERINTENDENT for attempted resolution or action. The AREA
SUPERINTENDENT shall be responsible for overall resolution or action and
shall be responsible for overall coordination and oversight relating to the
performance of this Contract.
5. CONTRACT DOCUMENTS: The Contract Documents which comprise the
Contract between the COUNTY and the CONTRACTOR are attached hereto
and made part hereof and consist of the following:
A. This Contract, pages 1 through 16 inclusive.
B. CONTRACTOR'S Bid and Bid Bond, consisting of 33 pages
Trench Safety Act Compliance Statement, consisting of 1 page
C. Specifications, consisting of:
Invitation to Bid and instructions to Bidders, pages 3 to 9, and 11 to
18 inclusive.
Scope of Work, pages 29 to 31, inclusive.
Special Provisions, pages 32 to 33, inclusive.
List of Signalized intersections, Schedule "A ", pages 34 to 35,
inclusive.
D. Addenda No. 1, inclusive.
E. Public Construction Bond, which shall be sent to the COUNTY by the
CONTRACTOR, along with the return of this executed Contract.
F. Maintenance Bond, which shall be sent to the COUNTY by the
CONTRACTOR, along with the return of this executed Contract.
G. Insurance Certificates, which shall be provided by the CONTRACTOR,
along with the return of this executed Contract.
H. Any Modifications, including change orders, duly delivered
after execution of this Contract.
I. Notice to Proceed duly delivered after execution of this Contract.
6. PERFORMANCE GUARANTY: That the said CONTRACTOR guarantees the
successful performance of the work for the service intended and further
guarantees all materials, workmanship, project performance, and equipment
furnished for a period of one (1) year from the date of Final Acceptance and
Release of Lien by action of the Board of County Commissioners, St. Lucie
County, Florida. Should any such defects be discovered during the one (1)
year, the CON't ACTOR shall promptly make such corrections as may be
3
necessary by reason of such defects including the repairs of any damage to
other parts of the system resulting from such defects. In the event that the
CONTRACTOR should fail to remedy such defects, the COUNTY may do so
and charge the CONTRACTOR the cost thereby incurred. The Public
Construction BOND shall remain in full force and effect through the
guarantee period. Neither inspection nor payment, including final payment,
by the COUNTY shall relieve the CONTRACTOR from his or its obligations to
do and complete the work in accordance with this Contract. If the COUNTY
deems it inexpedient to require the CONTRACTOR to correct deficient or
defective work, an equitable deduction from the contract price shall be made
therefore or in the alternative, the COUNTY may sue for damages.
7. TIME OF PERFORMANCE /TERM: The CONTRACTOR shall begin work within
ten (10) calendar days from the date of the Notice to Proceed. The
CONTRACTOR is not authorized to proceed in any way prior to the issuance
of the Notice to Proceed. Any work performed or materials or equipment
ordered by the CONTRACTOR prior to issuance of the Notice to Proceed
shall be at his sole risk. The work shall be conducted in such a manner and
with sufficient labor, materials, tools, and equipment necessary to complete
the work.
The Contract term is a period of two (2) years with an option for a third (3rd)
year.
Should the organization of the CONTRACTOR, or its management, or the
manner of carrying on the work be manifestly incompetent, or inadequate to
do the work specified within the stated time, then the COUNTY shall have
the right to take charge of the work and finish it and provide the labor,
materials, and equipment necessary to complete the work as planned within
the required time and to charge the cost of all such work against the
CONTRACTOR and his, or its Surety shall be held responsible therefore. The
CONTRACTOR fully understands and agrees that the COUNTY shall not pay
for any obligation or expenditure made by the CONTRACTOR prior to the
effective date of this Contract, unless the COUNTY authorizes such payment
in writing.
8. DELAY DAMAGES: It is mutually agreed between the parties hereto that
time is of the essence in the performance of this Contract. In the event the
construction of the work is not completed within the time herein specified
the COUNTY will suffer damages, the amount of which is difficult if not
impossible to ascertain. It is agreed, therefore, that from the compensation
otherwise to be paid to the CONTRACTOR, the COUNTY may retain the sum
of Nine Hundred Ninety Four Dollars ($994.00) per calendar day for each day
thereafter, Sundays and holidays included, that the Work remains
uncompleted. This sum shall represent the damages that the COUNTY will
have sustained per calendar day from the inconvenience and expense caused
to the COUNTY by the delay in the completion of the Work. This sum is not
a penalty, being the liquidated damages the COUNTY will have sustained in
event of such default by the CONTRACTOR. The COUNTY also reserves the
4
I
right to recover actual damages for other harm that results from the delay.
The CONTRACTOR shall be liable for liquidated damages even if the Contract
is terminated by the COUNTY for cause or if the CONTRACTOR abandons
the Work. The liability of the Contractor and its surety or sureties for
liquidated or actual damages is joint and several.
9. PAYMENT SCHEDULE: The COUNTY shall make payment on account of the
Contract as follows for construction work authorized by work order:
A. MONTHLY PAYMENTS: Once a month progress payments shall be
made during the process of construction in amounts due on the
Contract on the basis of work completed as certified by the
CONTRACTOR, not to exceed one hundred percent (100 %) of the
Contract amount. CONTRACTOR shall submit a payment application
to the TRAFFIC OPERATIONS SUPERVISOR by the fifth (5th) day of
each month, along with supporting data such as the PROJECT
MANAGER may reasonably require. The application shall be for the
dollar amount of the work completed on the last day of the
proceeding month. All applications for payment submitted by the
CONTRACTOR shall reference the COUNTY's Contract number and be
on the COUNTY approved form. Any partial pay request not
submitted on the required forms will be returned to the
CONTRACTOR without review or comment. No payment will be made
on the basis of equipment, or materials not incorporated in the Work
but delivered and stored at or near the site. The COUNTY will retain
ten percent (10 %) of the amount otherwise due the CONTRACTOR.
Except as State law otherwise provides the COUNTY will retain the
ten percent (10 %) of the payment claimed until work is one hundred
percent (100 %)complete and the ten percent (10 %) is released by
action of the Board of County Commissioners, St. Lucie County.
B. CONTRACTOR'S WARRANTY OF TITLE: The CONTRACTOR
warrants and guarantees that title to all Work and equipment covered
by an Application for Payment, will have passed to the COUNTY prior
to the making of the Application for Payment, free and clear of all
liens, claims, security interests and encumbrances (hereafter in these
General Conditions referred to as "Liens "); and that no work or
equipment covered by an Application for Payment will have been
acquired, subject to any agreement under which an interest therein or
encumbrance thereon is retained by the seller or otherwise imposed
by the CONTRACTOR or such other person.
C. APPROVAL OF PAY REQUEST: The TRAFFIC OPERATIONS
SUPERVISOR will either indicate in writing his /her approval of all, or
part, of the payment and present the partial payment estimate to ST.
LUCIE COUNTY'S PROJECT MANAGER, or return the partial payment
estimate to the CONTRACTOR indicating in writing his /her reasons for
refusing to approve payment. In the latter case, the CONTRACTOR
may make the necessary corrections and resubmit the partial payment
fk}!
yC 5
estimate. Upon receipt of the approved application for payment from
the PROJECT MANAGER, the COUNTY will process and make
payment to the CONTRACTOR. The PROJECT MANAGER may refuse
to approve any such payment, because of subsequently discovered
evidence or the results of subsequent inspection or tests, nullify any
such payment previously approved, to such extent as may be
necessary in his opinion to protect ST. LUCIE COUNTY.
D. FINAL PAYMENT & RELEASE: Upon completion of the Contract,
the CONTRACTOR shall submit evidence satisfactory to the COUNTY
that all payroll, sub - contractor services, material bills, and other
indebtedness incurred by the CONTRACTOR in connection with the
construction of the project have been paid in full. After the work has
been inspected and approved and after the CONTRACTOR has
submitted satisfactory evidence of payment, the COUNTY'S
PROJECT MANAGER shall promptly process the final payment for
payment.
Upon completion and acceptance of the Work, the PROJECT
MANAGER shall issue a certificate attached to the final payment
request that the Work has been accepted by him under the conditions
of the Contract Documents. The entire balance found to be due the
CONTRACTOR, including the retained percentages, except such sums
as may be lawfully retained by the COUNTY, shall be paid to the
CONTRACTOR.
E. MAINTENANCE CONTRACT PAYMENT: For the maintenance
contract, payments shall be on a monthly basis.
10. AUDIT: The CONTRACTOR agrees that the COUNTY or any of its duly
authorized representatives shall, until the expiration of three years after
expenditure of funds under this Contract, have access to and the right to
examine any directly pertinent books, documents, papers, and records of the
CONTRACTOR involving transactions related to this Contract. The
CONTRACTOR agrees that payment(s) made under this Contract shall be
subject to reduction for amounts charged thereto which are found on the
basis of audit examination not to constitute allowable costs under this
Contract. The CONTRACTOR shall refund by check payable to the COUNTY
the amount of such reduction of payments. All required records shall be
maintained until an audit is completed and all questions arising therefrom are
resolved, or three (3) years after completion of the project and issuance of
the final certificate, whichever is sooner.
11. PUBLIC RECORDS: The CONTRACTOR shal
documents, papers, letters, or other material
Chapter 119, Florida Statutes, and made or
conjunction with this Contract.
D
I allow public access to all
subject to the provisions of
received by the COUNTY in
12. CONTRACTOR RESPONSIBILITY: The CONTRACTOR is an independent
contractor and is not an employee or agent of ST. LUCIE COUNTY. Nothing
in this Contract shall be interpreted to establish any relationship, other than
that of an independent contractor, between the COUNTY and the
CONTRACTOR, its employees, agents, subcontractors, or assigns, during or
after the performance of this Contract. The CONTRACTOR shall take the
whole responsibility of the work and shall bear all losses resulting to him, or
it, on account of the amount or character of the work, or because of the
nature of the ground in or on which the work is done is different from what
was assumed or expected, or because of bad weather, or because of errors
or omissions in his or its bid on the Contract price, or except as otherwise
provided in the Contract Documents because of any other causes
whatsoever.
The CONTRACTOR shall protect the entire work, all materials under the
Contract and the COUNTY's property (including machinery and equipment)
in, on, or, adjacent to the site of the work, until final completion and work,
from the action of the elements, acts of other contractors, or except as
otherwise provided in the Contract Documents, and from any other causes
whatsoever; should any damage occur by reason of any of the foregoing, the
CONTRACTOR shall repair at his, or its, own expense to the satisfaction of
the COUNTY or its PROJECT MANAGER. Neither the COUNTY nor its
officers, employees or agents assume any responsibility for collection of
indemnities or damages from any person or persons causing injury to the
work of the CONTRACTOR.
At his, or its expense, the CONTRACTOR shall take all necessary precautions
including (without limitation) the furnishing of guards, fences, warning signs,
walks, ladders, flags, cables, and lights for the safety of and the prevention
of injury, loss, and damage to persons and property including (without
limitation) in the term persons, members of the public, the COUNTY, its
employees and agents, the PROJECT MANAGER and his employees,
CONTRACTOR'S employees, his or its subcontractors and their respective
employees, other CONTRACTORS, their subcontractors and respective
employees, on, about or adjacent to the premises where said work is being
performed, and shall comply with all applicable provisions of safety laws,
rules, ordinances, regulations, and orders of duly constituted public
authorities and building codes.
The CONTRACTOR assumes all risk of loss, damage, and destruction to all
of his or its materials, tools, appliances, and property of every description
and that of his or its subcontractors and their respective employees or
agents, and injury to or death of the CONTRACTOR, his or its employees,
subcontractors or their respective employees or agents, or third parties,
including legal fees, court costs or other legal expenses, arising out of or in
connection with the performance of this Contract. The CONTRACTOR
covenants and agrees at all times to save, hold, and keep harmless the
COUNTY, its Officials, Employees, Agents, and Volunteers and indemnify the
COUNTY, its Officials, Employees, Agents, and Volunteers against any and
N
all claims, demands, penalties, judgements, court costs, attorney's fees, and
liability of every kind and nature whatsoever arising out of or in any way
connected or arising out of the performance of this Contract to the extent of
the insurance requirements set out in this Contract. The CONTRACTOR
hereby acknowledges that the payments made under this Contract include
specific consideration for the indemnification provided herein.
13. INSPECTION: The PROJECT MANAGER or his designee shall have the rights
and authority as set forth on Article 6 of the General Conditions. Any work
or material rejected by the PROJECT MANAGER or his designee will be
immediately corrected by the CONTRACTOR.
14. PUBLIC CONSTRUCTION BOND: CONTRACTOR shall furnish a public
construction bond as security for the faithful performance and payment of all
his obligations under the Contract Documents for construction projects as
authorized by the COUNTY. This Bond shall be in an amount at least equal
to the Contract Price and in such form and with such sureties as are
acceptable to the COUNTY. Bond forms for the aforementioned securities are
a part of the Contract Documents and CONTRACTOR shall insure that each
executed copy of the bond form is complete and sealed. The Bond shall
remain in effect at least one (1) year after the date when final payment
becomes due, except as otherwise provided by Law or Regulation or by the
Contract Documents. The CONTRACTOR shall also furnish such other
Bonds as are required by the Contract Documents, for construction projects
as authorized by the COUNTY. All Bonds shall be in the forms prescribed by
Law or Regulation or by the Contract Documents and be executed by such
sureties licensed to do business in Florida, satisfactory to the COUNTY and
with an "A" rating or better as published by Best Insurance Reports. All
Bonds signed by an agent must be accompanied by a certified copy of the
authority to act.
15. INSURANCE:
A. RATINGS: All insurance companies providing insurance under
this Contract shall be licensed and authorized to do business in the State of
Florida. These companies shall have a general policy holders rating of "A" or
better and a financial rating of "X" or better according to the latest edition of
Best's Key Rating Guide, published by A.M. Best Company.
B. DEDUCTIBLES: Any deductibles or self insured retention must be
declared to and approved by the COUNTY. At the option of the COUNTY,
either the insurer shall reduce or eliminate such deductibles or self insured
retention with respect to the COUNTY, its elected and appointed Officials,
Employees, Volunteers and Agents, or the CONTRACTOR shall procure a
bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
C. CANCELLATION AND RE- INSURANCE: If any insurance should be
E-3
cancelled or changed by the insurance company or should any insurance
expire during the period of this Contract, the CONTRACTOR shall be
responsible for securing other acceptable insurance to provide the coverage
specified in this section to maintain continuous coverage during the life of
this Contract.
D. INDEMNIFICATION: To the extent of the insurance requirements set
forth in the Contract, the CONTRACTOR will indemnify and hold harmless
the COUNTY and the PROJECT MANAGER and their agents and employees
and interested third parties from and against all claims, damages, losses and
expenses direct, indirect or consequential, including but not limited to fees
and charges of engineers, architects, attorneys and other professionals and
court costs arising out of or resulting from the performance of the Work,
provided that any such claim, damage, loss or expense, is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than Work itself) including the loss of use resulting
therefrom, and is caused in whole or in part by any negligent act or omission
of the CONTRACTOR, any Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a party indemnified
hereunder.
In any and all claims against the COUNTY or the PROJECT MANAGER or any
of his agents or employees, by any employee of the CONTRACTOR, any
Subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the
CONTRACTOR or any Subcontractor under worker's compensation acts,
disability benefit acts or other employee benefit acts.
The obligations of the CONTRACTOR shall not extend to the liability of the
PROJECT MANAGER'S negligent acts, errors or omissions or those of his
Employees or Agents.
EXCEPT AS OTHERWISE STATED, THE AMOUNTS AND TYPES OF
INSURANCE SHALL CONFORM TO THE FOLLOWING MINIMUM
REQUIREMENTS:
E. WORKER'S COMPENSATION & EMPLOYERS LIABILITY: The
CONTRACTOR shall maintain and, prior to commencement of this Contract,
provide to the COUNTY evidence of Worker's Compensation insurance
providing Florida statutory (Chapter 440, Florida Statutes (2002)) limits to
cover all employees and include Employers Liability coverage with limits of
not less than Five Hundred Thousand Dollars ($500,000) for accidents or
disease. The policy shall also provide that the COUNTY will be given a thirty
(30) day written notice of cancellation or non - renewal.
yt5j
i" •�
9
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F. COMMERCIAL GENERAL LIABILITY: The CONTRACTOR shall maintain
and, prior to commencement of this Contract, provide the COUNTY with
evidence of commercial general liability insurance to include: 1)
premises /operations, products /completed operations, (including XCU hazards)
and personal and advertising injury for limits of not less than $1,000,000 per
occurrence; 2) for damage for limits of not less than $100,000 per
occurrence; 3) medical payments for limits of not less than $5,000 per
person; and 4) a general, per contract project, aggregate limit of not less
than $2,000,000. The policy shall also provide the COUNTY will be given
thirty (30) day written notice of cancellation or non - renewal and include
COUNTY as an additional insured.
G. BUSINESS AUTOMOBILE LIABILITY: The CONTRACTOR shall maintain
and, prior to commencement of this Contract, provide the COUNTY with
evidence of business automobile liability insurance to include: 1) coverage for
any automobile for limits of not less than One Million Dollars ($1,000,000)
combined single limit (bodily injury & property damage) per accident, and 2)
Personal Injury Protection (Florida no- fault) with full statutory limits. The
policy shall also provide the COUNTY will be given a thirty (30) day written
notice of cancellation or non - renewal and include COUNTY as an additional
insured.
H. BUILDERS' RISK: Not applicable.
I. OTHER INSURANCE PROVISIONS: The General Liability and Auto Liability
policies shall contain or be endorsed to contain, the following provisions:
(1) The COUNTY, its Officers, Officials, Employees,
Agents, and Volunteers are to be covered as additional named
insured for any and all liability arising out of the
CONTRACTOR's performance of this Contract, or out of
automobiles owned, leased, hired, or borrowed by the
CONTRACTOR. The coverage shall contain no special
limitations on scope of protection offered to the COUNTY, its
Officers, Officials, Employees, Agents, and Volunteers.
(2) The CONTRACTOR's insurance coverage shall be primary
insurance as respects the COUNTY, its Officers, Officials,
Employees, Agents and Volunteers. Any insurance or
self- insurance maintained by the COUNTY, its Officers,
Officials, Employees, Agents, or Volunteers shall be in excess
of the CONTRACTOR's insurance and shall not contribute with
it.
(3) Any failure to comply with the reporting provisions of the
policy shall not effect coverage provided to the COUNTY, its
Officers, Officials, Employees, Agents, or Volunteers.
10
(4) The CONTRACTOR's insurance shall apply separately to each
insured against whom a claim is made or suit is brought,
except with respect to the limits of insurer's liability.
16. DEFAULT; TERMINATION:
A. FOR CAUSE: If either party fails to fulfill its obligations under this
Contract in a timely and proper manner, the other party shall have the right
to terminate this Contract by giving written notice of any deficiency and by
allowing the party in default seven (7) calendar days to correct the
deficiency. If the defaulting party fails to correct the deficiency within this
time, this Contract shall terminate at the expiration of the seven (7) calendar
day time period.
(1) The COUNTY: With regard to the CONTRACTOR, the
following items shall be considered a default under this
Contract.
(a) If the CONTRACTOR should be adjudged bankrupt, or if
he, or it, should make a general assignment for the
benefit of his, or its, creditors, or if a receiver should be
appointed on account of his, or its, insolvency.
(b) If the CONTRACTOR should persistently or repeatedly
refuse, or fail, except in cases for which an extension
of time is provided, to supply enough properly skilled
workmen, or proper material, or if the CONTRACTOR
should fail to make prompt payment for materials, or
labor or other services entering into the work.
(c) If the CONTRACTOR disregards laws, ordinances, or
the instructions of the PROJECT MANAGER, or Project
Representative, or otherwise be guilty of a substantial
violation of the provisions of the Contract.
The COUNTY may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and his surety the
above referenced notice, terminate the services of the
CONTRACTOR and take possession of the Project and of all
materials thereon owned by the CONTRACTOR, and finish the
Work by whatever method the COUNTY may deem expedient.
In such case the CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect
costs of completing the Project, including compensation for
additional professional services, such excess shall be paid to
the CONTRACTOR. if such costs exceed such unpaid balance,
the CONTRACTOR or the Surety will pay the difference to the
COUNTY.
11
(2) The CONTRACTOR: If, through no act or fault of the
CONTRACTOR, the Work is suspended for a period of more
than ninety (90) days by the COUNTY, or under an order of
court or other public authority as a result of actions by others
not under the control of the CONTRACTOR, or the COUNTY
fails to pay the CONTRACTOR any sum approved or awarded
by arbitrators within ninety (90) days of its approval and
presentation, then the CONTRACTOR may, upon the above
referenced written notice to the COUNTY'S PROJECT
MANAGER, terminate the Contract and recover from the
COUNTY payment for all Work executed and any expense
sustained plus a reasonable profit.
(3) CONTRACTOR'S LIABILITY AFTER TERMINATION: Where
the CONTRACTOR'S services have been so terminated by the
COUNTY, said terminations shall not affect any rights of the
COUNTY against the CONTRACTOR then existing or which
may thereafter accrue. Any retention or payment of moneys
by the COUNTY due the CONTRACTOR will not release the
CONTRACTOR from liability.
B. WITHOUT CAUSE: Either party may terminate the Contract without
cause at any time upon thirty (30) calendar days prior written notice
to the other party. In the event of termination, the COUNTY shall
compensate the CONTRACTOR for all authorized work performed
through the termination date. In the event of termination by the
CONTRACTOR under this paragraph, all bonds shall remain fully in
force to insure the COUNTY's ability to construct the project for the
Contract amount. The COUNTY shall have the right to, at its option,
solicit bids for the completion of the unfinished portion of the work,
or to negotiate with the number two (2) bidder under the original bid.
The CONTRACTOR and his surety shall be responsible for all costs
over the original Contract amount incurred by the COUNTY in
completion of the project. In addition to construction costs, such
costs may include engineering, advertising, and administrative
expenses incurred with the solicitations of bids for the completion of
the unfinished portion of the work. The obligations of the
CONTRACTOR and his surety with respect to the warranty and
maintenance bond shall remain in full force and effect for that portion
of the work completed by the CONTRACTOR and shall not expire
until the expiration of the prescribed time period measured from the
final acceptance of the project in its entirety.
17. NON - DISCRIMINATION: CONTRACTOR covenants and agrees that the
CONTRACTOR shall not discriminate against any employee or applicant for
employment to be employed in the performance of the Contract with the
respect to hiring, tenure, terms, conditions or privileges of employment, or
any matter directly or indirectly related to employment because of age, sex,
or physical handicaps (except where based on a bona fide occupational
M
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y
12
qualification); or because of marital status, race, color, religion, national
origin or ancestry.
18. VERIFICATION OF EMPLOYMENT STATUS: The COUNTY will not
intentionally award contracts to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment
provisions of the Immigration and Nationality Act ( "INA "). The COUNTY shall
consider the employment by the CONTRACTOR of unauthorized aliens a
violation of 8 U.S.C. Section 1 324a(e) [Section 274A(e) of the INA]. The
Contractor agrees that such violation by the CONTRACTOR shall be grounds
for the unilateral cancellation of this Contract by the COUNTY.
19. FLORIDA PRODUCED LUMBER: Where applicable CONTRACTOR agrees to
comply with the provisions of section 255.20, Florida Statutes (2003), and
as may be amended from time to time.
20. ASBESTOS -FREE MATERIALS: CONTRACTOR shall not use any asbestos or
asbestos -based fiber materials within any building to be constructed or
modified pursuant to this Contract.
21. ASSIGNMENT: The County reserves the right to freely assign this Contract.
The Consultant, however, shall not assign this Contract to any other persons
or firm without first obtaining County's written approval. In addition, the
Consultant shall not have the right to assign any or all of its rights and
interests under this agreement to any subsidiary or parent company, or any
successor to its business through merger, consolidation, voluntary sale, or
transfer of substantially all of its assets without the express written consent
of the County. For purposes of this paragraph, a transfer of substantially all
of its assets shall be deemed to occur when the owner(s) of more than 50%
of the proprietary interest in the business entity transfer, other than between
themselves, their immediate families or their heirs, such proprietary interest
to another person, firm, partnership, corporation or business entity. Any
attempt to effect an assignment without County's prior written consent shall
be deemed a default subject to the remedies provided herein.
22. ATTORNEY'S FEES AND COSTS: In the event of any dispute concerning the
terms and conditions of this Contract or in the event of any action by any
party to this Contract to judicially interpret or enforce this Contract or any
provision hereof, or in any dispute arising in any manner from this
Contract, subject to the provisions of Section 768.28, Florida Statutes and
in no way altering the extent of the County's liability under 768.28, Florida
Statutes, the prevailing party shall be entitled to recover its reasonable costs,
fees and expenses, including but not limited to, witness fees, expert fees,
consultant fees, attorney, paralegal and legal assistant fees, costs and
expenses and other professional fees, costs and expenses, whether suit be
brought or not, and whether any settlement shall be entered in any
declaratory action, at trial or on appeal. The liability of the Contractor and its
surety or sureties for such fees and costs is joint and several.
13
`1 1
23. NOTICES: All notices, requests, consents, and other communications
required or permitted under this Contract shall be in writing and shall be (as
elected by the person giving such notice) hand delivered by messenger or
courier service, telecommunicated, or mailed by registered or certified mail
(postage prepaid) receipt requested and addressed to:
As To County:
St. Lucie County Administrator
Administration Annex
2300 Virginia Avenue
Ft. Pierce, Florida 34982
As to Contractor:
The Signal Group, Inc.
33 Commerce Way
Jupiter, Florida 33458
With Copies To:
St. Lucie County Attorney
Administration Annex
2300 Virginia Avenue
Ft. Pierce, Florida 34982
or to such other address as any party may designate by notice complying
with the terms of this Section. Each such notice shall be deemed delivered,
on the date delivered if by personal delivery, and on the date upon which the
return receipt is signed or delivery is refused or the notice is designated by
the postal authorities as not deliverable, as the case may be, if mailed.
24. INDULGENCE NOT WAIVER: The indulgence of either party with regard to
any breach or failure to perform any provisions of this Contract shall not be
deemed to constitute a waiver of the provisions or any portion of this
Contract either at the time the breach or failure occurs or at any time
throughout the term of this Contract.
25. CONFLICT OF INTEREST: The CONTRACTOR represents that it presently
has no interest and shall acquire no interest, either direct or indirect, which
would conflict in any manner with the performance of services required
hereunder, as provided for in Florida Statues 112.311. The CONTRACTOR
further represents that no persons having interest shall be employed for said
performance.
The CONTRACTOR shall promptly notify the COUNTY in writing by certified
mail of all potential conflicts of interest prohibited by existing state law for
any prospective business association, interest, or other circumstances which
may influence or appear to influence the CONTRACTOR's judgment or
quality of services being provided hereunder. Such written notification shall
r r circumstance, identify the prospective business association, interest o circu sta ce, t h
e
nature of the work the CONTRACTOR may undertake and request an opinion
of the COUNTY as to whether the association, interest, or circumstance
would, in the opinion of the COUNTY, constitute a conflict of interest if
entered into by the CONTRACTOR. The COUNTY agrees to notify the
CONTRACTOR of its opinion by certified mail within thirty (30) days of
receipt of notification by the - CONTRACTOR. If, in the opinion of the
COUNTY, the prospective business association, interest or circumstance
y�c 14
would not constitute a conflict of interest by the CONTRACTOR, the
COUNTY shall state in the notification and the CONTRACTOR shall, at
his /her option, enter into said association, interest, or circumstance and it
shall be deemed not in conflict of interest with respect to services provided
to the COUNTY by the CONTRACTOR under the terms of this Contract.
26. INTERPRETATION; VENUE: This Contract constitutes the entire Contract
between the parties with respect to the subject matter hereof and
supersedes all prior verbal or written Contracts between the parties with
respect thereto. This Contract may only be amended as written document,
properly authorized, executed and delivered by both parties hereto. This
Contract shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by the laws of the
State of Florida. In the event it is necessary for either party to initiate legal
action regarding this Contract, venue shall be in the Nineteenth Judicial
Circuit for St. Lucie County, Florida, for claims under state law and the
Southern District of Florida for any claims which are justiciable in FEDERAL
COURT.
27. MEDIATION: In the event of a dispute between the parties in connection
with this Contract, the parties agree to submit the disputed issue or issues to
a mediator for non - binding mediation prior to filing a lawsuit. The parties
shall agree on a mediator chosen from a list of certified mediators available
from the Clerk of Court for St. Lucie County. The fee of the mediator shall
be shared equally by the parties. To the extent allowed by law, the
mediation process shall be confidential and the results of the mediation or
any testimony or argument introduced at the mediation shall not be
admissible as evidence in any subsequent proceeding concerning the
disputed issue.
28. SUBCONTRACTORS: In the event CONTRACTOR requires the service of any
subcontractor or professional associate in connection with the work to be
performed under this Contract, the CONTRACTOR shall secure the written
approval of the PROJECT MANAGER before engaging such subcontractor or
professional associate.
29. DISPUTE RESOLUTION: Any disputes relating to interpretation of the terms
of this Contract or a question of fact arising under this Contract shall be
resolved through good faith efforts upon the part of the CONTRACTOR and
the COUNTY or its PROJECT MANAGER. At all times, the CONTRACTOR
shall carry on the work and maintain its progress schedule in accordance
with the requirements of the Contract and the determination of the COUNTY
or its representatives, pending resolution of the dispute. The County
Administrator who shall reduce the decision to writing shall decide any
dispute that is not resolved by mutual agreement. The decision of the
COUNTY shall be final and conclusive unless determined by a court of
competent jurisdiction to be fraudulent, capricious, arbitrary, and so grossly
erroneous as to - necessarily imply bad faith, or not be supported by
substantial evidence.
15
i
IN WITNESS WHEREOF, the COUNTY has hereunto subscribed and the
CONTRACTOR has affixed his, its, or their names, or name, and seal the date
aforesaid.
ATTEST:
CLER
BOARD OF COUNTY COMMISSIONERS
ST. fE- COUNTY, FLORIDA
BY: _
CHAIRMAN `
f �
APPROVED AS TO FORM AND
CORRECTNESS:
v ti
COUNTY ATTORNEY
T GNAL GROUP, INC.
Y�
Print Name: DC)t4 I.�JQt�LU �Q S Jl2 .
Print Title: ".
16
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC FAUL UZ
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
BIDDER'S CHECK LIST
BIDS MAY NOT BE CONSIDERED if the following documents and /or attachments are
not completely filled out and submitted with your bid.
Before sending In your bid, please make sure you have completed all of the
following:
Enclose three (3) COMPLETE sets of the Bid package (one marked original and
two marked copy)_ Include all handwritten sections, plus three (3) sets of any
descriptive literature, brochures and /or supporting data. Please make and retain
separate copy of this bid package for your records.
Bid Form, must be complete and have a manual signature (original signature)
preferably signed in blue ink.
L1 Include 5% bid security In the form of a bond, cashier's check or money order
made payable to `St. Lucie County B.O.C.C." (if required). No copies accepted.
L� Include proof of proper licensing as stated in bid documents.
Ly Return bid in an envelope with the bid number and name of bid printed on the
front of the envelope. If Fed -Ex or UPS, be sure to include the bid number on the
Air Hill. The bid must be in a separate sealed envelope inside the carrier's
envelope.
Acknowledge in the bid any and all addendums issued and manually sign each
addendum sheet and submit it with your bid. Please note: Although we will
make an attempt to notify you of the addendum, it is the sole responsibility of the
bidder to ensure it is received.
Provide three (3) references, preferably Governmental. Include name, address
and phone number for similar work done in past year.
Erasures or other descriptive literature, brochures and /or data must be
Initialed by the person signing the bid.
1 If you desire a copy of the bid tabulation, include a self - addressed, stamped
envelope for bid tabulation to be mailed back to you.
PLEASE INITIAL AND RETURN WITH BID FORM
3
BID M4.x98
SIGNAL MAINTENANCE a MASTER
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 03
INSTRUCTIONS TO BIDDERS
1. SUBMISSION OF BIDS: All bids shall be submitted in a sealed envelope. The BID
NUMBER, TITLE, AND OPENING DATE AND TIME shall be clearly displayed on the sealed
envelope. The delivery of said bid to the Purchasing Department prior to the specified opening
date and time is solely and strictly the responsibility of the bidder. Any bid received in the
Purchasing Department after the specified date and time will not be accepted.
If the bid is to be delivered by Fed -X, UPS or other such carrier be sure to include the bid number
on the Air Bill. The bid must be in a separate sealed envelope inside the carriers envelope. If a
carrier's package is opened and the bid is not in a separate envelope it will be resealed and
reopened at the designated date and time.
2. EXECUTION OF BID: Bid must include a manual signature of an authorized
representative in the space provided. All bids must be completed in pen and ink or type written.
No erasures are permitted. if a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person signing
the bid, Any illegible entries, pencil bids or corrections not initialed will not be tabulated.
3. BID OPENING: Bid opening shall be public on the date and time specified in the Bid
package. Bid must be submitted on forms provided by the County. No other forms will be
accepted. Telephone, telegraph, and faxed bids will not be considered. No bid may be modified
after opening, No bid, may be withdrawn after Opening for a period of sixty (60) days unless
otherwise specified.
4. BID TABULATIONS: Any bidder wishing to receive a copy of the bid tabulations is
required to enclose a stamped, self - addressed envelope with bid response.
5. NO BID: If not submitting a bid, kindly respond by returning one copy of the form, marking
it "NO- BID ", and explain the reason. A "No Bid" may be faxed to 772 - 462 -1294.
6. BID SECURITY: Bid Security may be in the form of a bond, cashier's check or money
order made payable to "St. Lucie County B.O.C.C." in the amount of five percent of the base bid
or bid on an annualized basis. Personal or company checks will not be accepted. If required,
under Section 41, the bid security must be submitted with the bid.
7. CLARIFICATION /CORRECTION OF BID ENTRY: The County of St. Lucie reserves the
right to allow for the clarification of questionable entries and for the correction of typographical
and mathematical errors.
8. INTERPRETATION: Any questions concerning conditions and specification shall be
directed to the Purchasing Department. All questions shall be in writing and received by the
Purchasing Department at least 7 working days prior to the bid opening. Those interpretations
which may affect the eventual outcome of this bid will be furnished, as a written addendum, to all
prospective bidders. No interpretation shall be considered binding unless provided in writing by
St. Lucie County.
9. EEO STATEMENT: St. Lucie County believes in equal opportunity practices which
conform to both the spirit and letter of all laws against discrimination and is committed to non-
discrimination because of race, creed, color, sex, age, or national origin.
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 04
10. PRICING: Firm prices shall be bid and include FOB DESTINATION, all packing, handling,
shipping charges and delivery to any point within the County of St. Lucie to a secure area of
inside delivery_ Pricing shall also include installation when required. The obligations of St. Lucie
County under this award are subject to the availability of funds lawfully appropriated for the
purpose by the State of Florida and /or the Board of County Commissioners.
11, ADDITIONAL TERMS & CONDITIONS: The County of St. Lucie reserves the right to
reject bids containing any additional terms or conditions not specifically requested in the original
conditions and specifications.
12. TAXES: The County of St. Lucie is exempt from all sales, use, and like taxes.
13. DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be
considered in determining the lowest net cost for bid evaluation purposes.
14. MEETS SPECIFICATIONS: All equipment and accessories furnished under these
specifications shall be new, the latest model in current production and shall be of good quality,
workmanship and material. The bidder represents that all equipment offered under this
specification shall meet or exceed the minimum requirements specified. Delivery specifications
shall be strictly adhered to.
1S. EQUIVALENTS: Any manufacturer's names, trade names, brand names, information
and /or catalog numbers listed in a specification are for information only and not to limit
competition. Bid any brand, which meets or exceeds the quality of specifications listed for any
item. If the bid is based on equivalent products, indicate on the bid form the manufacturer's name
and number and indicate any deviation from the specifications as listed. Include fully descriptive
literature on item(s). Lacking any written indication of intent to quote an equivalent brand or
model number, the bid will be considered as a quotation in complete compliance with the
specifications as listed in the bid form.
16. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any
supplemental specifications as to any details or the omission from same of any detailed
description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail and that only materials of first quality and correct type, size, and design
are to be used. All workmanship is to be first quality. All interpretations of this specification shall
be made upon the basis of this statement.
17. SAMPLES: Samples of items, when required, must be fumished free of expense and, if
not destroyed, will, upon request, be returned at the bidder's expense. Request for the return of
samples must be made within 30 days following opening of bids. Each individual sample must
be labeled with bidder's name, bid number, and item number. Failure of bidder to either deliver
required samples or to clearly identify samples as indicted may be reason for rejection of the bid.
Unless otherwise indicated, samples should be delivered to the office of the Purchasing Director.
18. DELIVERY: Unless actual date of delivery is specified (or if specified delivery can not be
met), show number of days required to make delivery after receipt of purchase order in space
provided. Delivery time may become a basis for making an award (see Special Conditions).
Delivery shall be within the normal working hours of the user, Monday through Friday.
s
WE) #04 -093
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 05
19. ASSIGNMENT: Any purchase order issued pursuant to this bid and the monies which may
become due hereunder are not assignable except with the prior written approval of the
Purchasing Director.
20, LIABILITY: The bidder shall indemnify and hold harmless the County of St. Lucie, its
officers, agents, and employees against any claims by third parties arising out of the acts or
omissions of the supplier.
21. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save
harmless the County of St. Lucie, its officers, agents, and its employees from liability of any
nature of kind, including cost and expenses for or on account of any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the performance of the
contract, including its use by the County of St. Lucie. If the bidder uses any design, device, or
materials covered by letters, patent, copyright, it is mutually agreed and understood without
exception that the bid price shall include all royalties or cost arising from the use of such design,
device, or materials in any involved in the work.
22. TRAINING: Unless otherwise specified, bidder(s) may be required at the convenience of
the County, to provide training to County employees in the operation and maintenance of any
item(s) purchased from this bid.
23. ACCEPTANCE: Items may be tested for compliance with specifications. Items delivered
not conforming to specifications may be rejected and returned at vendor's expense. Those items
and items not delivered as per delivery date in bid and /or purchase order may be purchased on
the open market. Any increase in cost may be charged against the vendor. Any violations of
these stipulations may also result in that vendor name being removed from the bidder list and the
vendor disqualified for doing business with the County of St. Lucie.
24. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be
responsible for having complied with all Federal, State and local standards, regulations, and laws
concerning the equipment specified and the use thereof, applicable and effective on the date of
manufacture including safety and environmental standards as apply to both private industry and
governmental agencies.
25. WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and /or
services furnished under this bid shall be covered by the most favorable commercial warranty the
bidder gives to any customer for comparable quantities of such supplies and /or services and that
the rights and remedies provided herein are in addition to and do not limit any rights afforded to
the County of St. Lucie by any other provision of this bid.
26. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination
unless otherwise provided_ Title to /or risk of loss or damage to all items shall be the
responsibility of the successful bidder until acceptance by the buyer unless loss or damage result
from negligence by the buyer.
27. PAYMENT: Payment will be made by the County after the items awarded to a vendor
have been received and /or installed, inspected, and found to comply with award specifications,
free of damage or defect and properly invoiced.
28. DISPUTES: In case of any doubt or difference of opinion as to the items furnished
hereunder, the decision of the county shall be final and binding on both parties.
6
BID #04 -093
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP ING FAUL Ub
29. LEGAL REQUIREMENTS: Federal, State, County, and local laws, ordinances, rules and
regulations that in any manner affect the items covered herein apply. Lack of knowledge by the
bidder will in no way be a cause for relief from responsibility.
30. OPEN -END CONTRACT: No guarantee is expressed or implied as to the total quantity of
commodities /services to be purchased under any open -end contract. Estimated quantities will be
used forbid comparison purposes only. The Board of County Commissioners reserves the right
to issue purchase orders as and when required, or, issue a blanket purchase order for individual
agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by
various County agencies, or, any combination of the proceeding.
31. DEFINITIONS:
COUNTY - The term COUNTY herein refers to the County of St. Lucie, Florida and its duly
authorized representatives.
BIDDER - The term BIDDER used herein refers to the dealer /manufacturer /business organization
submitting a bid to the County in response to this invitation.
VENDOR - The term VENDOR used herein refers to any dealer /manufacturer /business
organization that will be awarded a contract pursuant to the terms conditions and quotations of
the bid.
USING AGENCY - The term USING AGENCY used herein refers to any department, division,
agency, commission, board, committee, authority or other unit in the County Government using
supplies or procuring contractual services as provided for in the Purchasing Ordinance of the
County of St. Lucie.
HEAVY DUTY - The item(s) to which the term HEAVY DUTY is applied shall exceed the usual
quality and /or capacity supplied with standard production equipment and shall be able to
withstand unusual strain, exposure, temperature, wear and use.
DISTRICT - The teml DISTRICT herein refers to the St. Lucie Mosquito Control District and its
duly authorized representatives.
32. CONFLICT OF INTEREST: The award hereunder is subject to provisions of State
Statutes and County Ordinance. All bidders must disclose with their bid the name of any officer,
director or agent who is also an employee of St. Lucie County. Further all bidders must disclose
the name of any County employee who owns directly or indirectly any interest in the bidder's firm
or any of its branches.
33. NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable
without a written order or shipping instruction by the County unless otherwise provided in the
Contract. Such order will contain the quantity, time of delivery and other pertinent data.
However, on items urgently required the Seller may be given telephone notice to be
confirmed by an order in writing.
34. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change
order. Any modifications or changes to any contract entered into as a result of this bid must be by
written amendment with the same formality and of equal dignity to the initiation of any such
change.
7
Bit) X04 -093
SIGNAL MAINTENANCE & MASTER
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01/11/2005 15:53 15617443207 THE SIGN�L GRUUN INC rHUL nr
35. OCCUPATIONAL LICENSE /CERTIFICATION OF COMPETENCY: No person shall
engage in or manage any business, profession, or occupation in St. Lucie County for which an
occupation license tax is required unless a County License shall have been procured from the
Tax Collector for St. Lucie County, State Certified Contractors not maintaining a place of
business within St. Lucie County, but wishing to engage in the business of contracting in the
unincorporated areas of St. Lucie County, shall be required to register their State Certification
with the St. Lucie County Contractor Licensing Division, 2300 Virginia Avenue, Fort Pierce,
Florida 34982. St. Lucie does not issue "competency cards" to State Certified Contractors, but
upon registration there is a certification number assigned. Possession of proper
licensing /registration must be attained prior to bid submittal and included with bid
proposal,
36. ADDENDA TO THE BID, St. Lucie County reserves the right to amend this bid or request
additional clarifying information from any or all bidders prior to determination of award. Any
changes to this bid will be made available for all prospective bidders to receive. Although we
will make an attempt to notify you of all addenda, it is the sole responsibility of the bidder
to ensure it is received.
37. PERMITS AND FEES: The Vendor shall procure and pay for all licenses, charges and
fees and give notices necessary and incidental to the due and lawful prosecution of the work.
The cost of all permit and impact fees shall be paid by the County unless specifically itemized
elsewhere in these documents.
38. PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: This bid
may be expanded to include other governmental agencies_ Each political entity will be
responsible for execution of its own requirements with the awarded vendor.
39. AWARD AND CONTRACT: The successful bidder, will, within fifteen (15) calendar days
after written notice of award, enter into a written contract with the Board of County
Commissioners in accordance with the accepted bid.
40. PUBLIC ENTITY CRIMES: 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 the County, may not submit a bid on a contract to the County
for the construction or repair of a public building or public work, may not submit bids on leases of
real property to the County, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the County, and may not transact business
with the County in excess of $10,000.00 for a period of 35 months from the date of being placed
on the convicted vendor list.
The County will not intentionally award publicly - funded contracts to any contractor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
( "INA ")l. The County shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this Agreement by the County.
41. BOND AND INSURANCE REQUIREMENTS: Bonds must be issued by a Bonding
Company with a Best Insurance Guide's rating of "A" or better and must be licensed or
B
BID OD4 -093
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
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authorized to do business in the State of Florida. Certificates of insurance, Public
Construction Bonds and /or Maintenance Bonds, must be received by the applicable County
office prior to actual commencement of the project. All certificates of insurance shall list the
county as "Additional Insured" and reference the specific project. Please note that were
applicable the following bond and insurance requirements supersede those set forth in the
sample contract.
BONDS
A. Yes
X
No
5% Bid Security
B. Yes
X
No
100% Maintenance Bond 2 years
C. Yes
X
No
100% Public Construction Bond
INSURANCE
A. Yes
X
No
Worker's Compensation
$500,000 by accident - each accident
$500,000 by disease - each employee
$500,000 by disease - policy limit
B. Yes X No Commercial General Liability
$1,000,000 per occurrence
$2,000,000 per job aggregate
C. Yes X No Commercial Auto Liability
Combined Single Limit, Bodily Injury/Property Damage
$300,000 X $1,000,000 $3,000,000
D. Yes No X Builder's Risk (all risks for the total
construction cost of the project)
E. Yes No X Professional Liability $1,000,000 aggregate
F. Yes No X Other
42. The County of St. Lucie reserves the right to reject any or all bids, to waive informalities,
and to accept all or any part of any bid as may be deemed to be in the best interest of the
county .
9
BID 004 -093
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 09
TABLE OF CONTENTS
_BIDDING REQUIREMENTS, CONTRACT FORMS AND
CONDITIONS OF THE CONTRACT
Instruction to Bidders- Section 100
Bid Form- Section 200
Bidders Qualification Questionnaire- Section 300
Bid Bond- Section 400
Public Construction Bond- Section 400
Trench Safety Act Statement- Section 400
Public Entity Crimes Affidavit
Contract- Section 500
BID #04 -093
SIGNAL MAINTENANCE & MASTER 11
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 10
INSTRUCTIONS TO BIDDERS
INDEX.
Article No. Article Title
Page
100 -01
Documents
13
100 -02
Examination of Contract
13 -14
Documents and Site
100 -03
Questions
14
100 -04
Substitutions
14
100 -05
Addenda
14
100 -06
Basis of Bid
14
10007
Preparation of Bid
14
100 -08
Bid Security
14 -15
100 -09
Public Construction Bonds
15
100 -10
Submittal
15
100 -11
Withdrawal of Bid
15
100 -12
Bidder's Qualifications Questionnaire
15
100 -13
Disqualification
15
100 -14
Governing Laws and Regulations
16
100 -15
Trench Safety Act
16
100 -16
Patent Fees and Royalties
16
100 -17
Licenses and Permits
16
100 -18
Award
16
100 -19
Opening
16
100 -20
Execution of Contract
16
100 -21
Definitions
16
100 -22
Certificate of Competency
17
100 -23
Public Entity Crimes
17
100 -24
Delivery of Clean Excavated Fill
17
100 -25
Quantity of Work
17
BID #04 -093
SIGNAL MAINTENANCE & MASTER 12
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01/11/2005 15:53 15617443207 THE SIGNAL GROUP ING F'AUE 11
SECTION 100
INSTRUCTIONS TO BIDDERS
In order to be considered responsive, all Bids must be made in accordance with these
Instructions to Bidders.
10001 DOCUMENTS: Bona fide bidders may obtain sets of Specifications from the St.
Lucie County Purchasing Department or from DemandStar.com. A "No Bid" is non-
responsive and shall not be deemed a "Bona Fide" Bid,
100" 02 EXAMINATION OF CONTRACT DOCUMENTS AND SITE: It is the responsibility
of each Bidder before submitting a Bid, to:
A. Examine the Contract Documents thoroughly,
B. Visit site to become familiar with local conditions that may affect cost,
progress, or performance, of the Work,
C. Consider federal, state and local Laws and Regulations that may affect cost,
progress, or performance of the Work,
D. Study and carefully correlate the Bidder's observations with the Contract
Documents, and
E. Notify the Engineer of all conflicts, errors, or discrepancies in the Contract
Documents.
Information and data reflected in the Contract Documents with respect to Underground
Facilities and Utilities at or contiguous to the site is based upon information and data
furnished by owners of such Underground Facilities and Utilities or others, and the COUNTY
does not assume responsibility for the accuracy or completeness thereof unless it is
expressly provided otherwise.
Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any
additional examination, investigations, explorations, tests, and studies and obtain any
additional information and data which pertain to the physical conditions (surface, subsurface,
and Underground Utilities) at or contiguous to the site or otherwise which may affect cost,
progress, or performance of the Work and which the Bidder deems necessary to determine
it's Bid for performing the Work in accordance with the time, price, and other terms and
conditions of the Contract Documents,
The Contractor shall verify and familiarize himself with the lands upon which the Work is to be
performed, rights- of-way and easements for access thereto and other lands designated for
use by the Contractor in performing the Work and identified in the Contract Documents_ All
additional lands and access thereto required for temporary construction facilities or storage of
materials and equipment are to be provided by the Contractor. Easements for permanent
structures or permanent changes in existing structures are to be obtained by the Owner
unless otherwise provided in the Contract Documents.
A submission of a Bid shall constitute an incontrovertible representation by the Bidder that
BID #04-03
SIGNAL MAINTENANCE & MASTER 13
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IN—/ \4111
the Bidder has complied with every requirement of Article 100 -02, "Examination of Contract
Documents and Site ", herein, and that without exception the Bid is premised upon performing
the Work required by the Contract Documents with such means, methods, techniques,
sequences, or procedures of construction as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to indicate
and convey understanding of all terms and conditions for performance of the Work.
100 -03 QUESTIONS: Submit all questions about the Specifications to the St. Lucie County
Purchasing Department in writing. Replies will be issued to all bidders.of record as Addenda
to the Specifications and will become part of the Contract. The ENGINEER and the COUNTY
will not be responsible for oral clarification. Questions received less than seven (7) working
days before bid opening cannot be answered.
100 -04 SUBSTITUTIONS: To obtain approval to use unspecified products, bidders shall
submit written requests at least ten (10) calendar days before the bid date and hour.
Requests received after this time will not be considered. Requests shall clearly describe the
product for which approval is asked, including all data necessary to demonstrate
acceptability. If the product is acceptable, the Engineer will approve it in an Addendum issued
to all prime bidders to whom Drawings and Specifications have been issued.
100 -OS ADDENDA: Any Addenda will be issued by the COUNTY Purchasing Department
prior to opening of bids for the purpose of changing the intent of the plans and specifications
or clarifying the meaning of same shall be binding in the same way as if written in the
specifications. Any Addenda issued prior to the execution of the Contract, shall be binding
upon the CONTRACTOR after the execution of the agreement.
100 -06 BASIS OF BID: No segregated bids or assignment will be considered. The bid
shall be submitted on unit price and /or lump sum basis as indicated on the bid form. Where
items of work are to be paid for on a unit price basis, estimated quantities are shown for the
purpose of estimating total cost. Final payment quantities for unit price shall be those
quantities actually constructed within limits of plan quantities and modifications thereof
approved in writing in accordance with the Article 10025, Quantity of Work
100 -07 PREPARATION OF BIDS: Bids shall be made on unaltered Bid forms included
herewith under Section 200. Fill in all blank spaces and submit three (3) copies (1 marked
original and 2 marked copy). Bids shall be signed with name and typed signature below.
Where bidder is a corporation, bids must be signed with the legal name of the corporation
followed by the name of the state of incorporation and the legal signatures of the officers
authorized to bind the corporation to a Contract. Bids submitted after the time and date
specified will not be considered and will be returned unopened.
100 -08 BID SECURITY: Bid security shall be made payable to the Board of County
Commissioners, St. Lucie County, Florida, in the amount of five (5) percent of the bid sum.
Security shall be in the form of either a certified check or cashiers check made payable to the
"St. Lucie County B.O.C.C. ", or bid bond issued by surety licensed to conduct business in the
State of Florida. Surety shall have a rating of A- or A by "Best's Rating Guide ". The accepted
bidder's security will be retained until he has executed the agreement and furnished the
required payment and performance bonds. The Owner reserves the right to retain the
security of any or all of the remaining bidders until the date stated on the bid form. If any
accepted bidder refuses to enter into a contract, the Owner will retain the difference between
BID #04 -093
SIGNAL, MAINTENANCE & MASTER 14
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the amount specified in said Bid and such larger amount for which the Owner may in good
faith contract with another party to perform the work covered by said Bid, not to exceed the
amount of the Bid Security. Such Security shall be retained as liquidated damages but not as
a penalty_ The Bid Security shall be enclosed with the Sealed Bid,
100 -09 PUBLIC CONSTRUCTION BONDS: The accepted Bidder shall furnish the Owner
a Public Construction Bond for each construction project authorization in the sum of one
hundred percent (100 %) of the lump sum amount of the authorization from a surety licensed
to conduct business in the State of Florida. The Surety shall have an "A-" or "A" rating under
"Best's Rating Guide ". The bonds shall be submitted on the forms furnished herewith under
Section 400 as per job awarded for the Master Construction Contract. The Public
Construction Bond shall guarantee that the Contract will be faithfully performed; that the
Contractor will save the Owner harmless on account of all claims for damaged persons,
property or premises arising out of his operation prior to the acceptance of the finished work;
and that he will promptly make payment to all persons supplying him labor, materials,
supplies and services used directly or indirectly by the Contractor in the persecution of the
work provided for in the Contract. The Public Construction Bond shall continue in effect for
one (1) year after completion and acceptance of the work as guarantee against construction
defects and the Maintenance Bond shall continue in effect for (2) two years after completion
and acceptance of the work. In the event the Surety Company becomes unsatisfactory to the
Owner, he may at his discretion, require the Contractor to issue a new bond in the same or
lesser penal sum satisfactory to him, to be conditioned as above required. Upon the
CONTRACTOR'S failure to fumish such additional or new bond within ten (10) calendar days
from the date of written notice to do so, all payment under this Contract will be withheld until
such additional bond is furnished. The cost of the bond shall be included by the
CONTRACTOR in his Bid.
100 -10 SUBMITTAL: Submit Bid in an opaque, sealed envelope. Identify the envelope
with: (1) Project Name, (2) Name of Bidder, (3) Bid Number. Submit Bid in accordance with
the Invitation to Bid. All forms required for responsive Bid shall be included, i.e. Rid, Bond,
Questionnaire, etc. It is the responsibility of the Bidder to insure that the Bid is received in
proper time. No Bid is considered received until it has been time and date stamped by the
designated person at the St. Lucie County Purchasing Department. It is the responsibility of
the Bidder to ensure the stamp is placed on the sealed envelope and is correct.
100 -11 WITHDRAWAL OF BID: The Bid may be withdrawn by the Bidder by means of a
written request, signed by the Bidder or its duly authorized representative. Such written
request must be delivered to the place stipulated in the Invitation to Bid for receipt of Bids
prior to the Scheduled closing time for receipt of Bids.
100 -12 BIDDER'S QUALIFICATIONS QUESTIONNAIRE: All Bidders shall fill out the
enclosed Bidder's Qualifications Questionnaire and enclose it with the Bid.
100 -13 DISQUALIFICATION: More than one Bid from an individual, firm, partnership,
corporation, or association under the same or different names will not be considered. If the
COUNTY believes that any Bidder is interested in more than one Bid for the work
contemplated, all Bids in which such Bidder is interested will be rejected. If the COUNTY
believes that collusion exists among Bidders, all Bids will be rejected.
BID W -093
SIGNAL MAINTENANCE & MASTER 15
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 14
100 -14 GOVERNING LAWS AND REGULATIONS: The Bidder shall be familiar with all
Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect
the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility
from compliance with such laws and regulations.
100 -15 SAFETY PROVISIONS: The CONTRACTOR shall comply with the provisions of
Chapter 90 -96 of Laws of Florida (Trench Safety Act) and execute the included Trench Safety
Act Compliance Statement.
100 -16 PATENT FEES AND ROYALTIES: If the CONTRACTOR requires or desires to
use any design, trademark, device, material, or process covered by letter of patent or
copyright, the CONTRACTOR and his surety shall indemnify and save harmless the Owner
from any and all claims for infringement by reason of the use of any such patented design,
device, trademark, copyright, material, or process in connection with the work agreed to be
performed under the contract and shall indemnify the Owner from any cost, expense, or
damage which he may be obligated to pay reason of any infringement at any time during the
prosecution of or after completion of the work.
100 -17 LICENSES AND PERMITS: The CONTRACTOR shall secure and pay for all
construction related licenses (must be itemized) and inspection fees required to perform the
work. Dump fees will not be waived for County projects except for clean granular excavated
fill as set forth in Section 100 -24. These costs are to be included in the unit prices for other
pay items listed.
100 -18 AWARD: The award of the CONTRACT, if it is awarded, will be to the lowest
responsible Bidder whose qualifications indicate the award will be in the best interest of the
COUNTY and whose Bid complies with all prescribed requirements. The Contract will not be
awarded until the COUNTY has concluded such investigations as they deem necessary to
establish the responsibility, qualifications, and financial ability of the Bidder to do the work in
accordance with the Contract Documents to the satisfaction of the Owner within the time
prescribed. The COUNTY reserves the right to reject the Bid of any Bidder who does not
pass such investigation to the COUNTY'S satisfaction. If the Contract is awarded, the
COUNTY'S PROJECT MANAGER will give the accepted Bidder notice of award within the
time Bids are to be held open as stated in the Bid form.
100 -19 OPENING: Bids will be opened as announced in the Invitation to Bid.
100 -20 EXECUTION OF CONTRACT: The Contract between CONTRACTOR and the
COUNTY shall utilize the form furnished herewith. The accepted Bidder shall assist and
cooperate with the COUNTY in preparing the Contract, and within ten (10) days following its
presentation shall execute same and return it to the Owner along with the Public Construction
and Maintenance Bonds, Insurance Certificates and any other documentation that may be
required by the Contract Documents to be submitted at that time.
100 -21 DEFINITIONS: Whenever in these Specifications, the terms defined in Article I of
the General Conditions are used (or pronouns used in place of them), their intent and
meaning shall be interpreted as indicated in the General Conditions.
BID #04.093
SIGNAL MAINTENANCE & MASTER 16
CONSTRUCTION CONTRACT
01111/2005 15:27 15617443207
THE SIGNAL GROUP INC PAGE 02
100 -22 CERTIFICATE OF COMPETENCY: All Bidders shall provide proof that they are
State Certified or State Registered, and a State Registered License shall be based on the
possession of a St. Lucie County Certificate of Competency. Specialty contractors shall be
required to provide proof of having obtained a St. Lucie County Certificate of Competency.
Failure to comply with this condition shall result in rejection of the Bid.
100.23 PUBLIC ENTITY CRIMES: A person or affiliate who has been 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 F.S. 287.017 for CATEGORY TWO for a period of thirty -six (36) months from the date of
being placed on the convicted vendor list.
100 -24 DELIVERY OF CLEAN EXCAVATED FILL: The successful Bidder shall be
required to deliver all clean granular excavated fill removed during the Work and not required
by the Work, to the St. Lucie County Landfill. The clean fill shall not contain any construction
debris or vegetative growth. There will be no disposal fee for such clean fill. The
CONTRACTOR shall, however, be responsible for the cost of transportation of the fill and a
two dollars and fifty cents ($2.50) scale fee or the latest price for each load entering the St.
Lucie County Landfill, payable at the time the load is weighed at the St. Lucie County Landfill
Scalehouse. These additional costs should be included in the unit price on the Bid Form for
any such material.
10025 QUANTITIES OF WORK: The quantities of work or material stated in the unit
Price items of the Bid are supplied only to give an indication of the general scope of the Work;
the COUNTY does not expressly or by implication agree that the actual amount of work or
material will correspond therewith, and the COUNTY expressly reserves the right to increase
or decrease the amount of any unit price item of the Work by any amount of up to and
including fifty percent (50 %) of any Bid item, without a change in the unit price, and shall also
reserve the right to delete any Bid item in its entirety, or to add additional Bid items up to and
including an aggregate total amount not to exceed fifty percent (50 %) of the Contract Price.
BID #04 -093
SIGNAL MAINTENANCE & MASTER 17
coNSTRuc'nON CONTRACT
l
SECTION 240
BID FORM
Board of County Commissioners
St. Lucie County, Florida
2300 Virginia Avenue
Fort Pierce, FL 34982
I
(Bidders Name)
I have received the documents titled " SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT." i have also received addenda numbers __(thru �_ and
have included their provisions in my Bid. i have examined both the Bid documents and the
construction site and submit the following Bid in which I agree:
1. To hold my Bid open until an agreement has been executed between the Owner
and accepted Bidder, Including receipt of the Public Construction and
Maintenance Bonds, or until sixty (60) days after Bids are opened, whichever is
shorter.
2. Regarding the Disposition of Bid Security, to accept the provisions of the
Instructions to the Bidders.
3. To enter into and execute a Contract on the basis of this Bid and to furnish a
one hundred percent (100 %) Public Construction Bond in accordance with the
Instructions to Bidders to guarantee my workmanship and materials to be free
from construction defects for a period of not less than one (1) year, if this Bid is
accepted.
4. To accomplish the work included in and in accordance with the Contract
Documents, if this Bid is accepted.
5_ This contract will be for a period of two (2) years with an option to renew for a
third (3rd) year.
6. Regarding Compensation for proposed work. If this Bid is accepted, I will
construct this project on a unit price basis as reflected in the Bid Unit Price
Schedule on pages 19 through 41 of this Bid.
7. Regarding the Award of the Contract. if I am awarded a contract for this
project, i understand that the award may be for all or any portion thereof of the
items listed under the Bid Unit Price Schedule.
8. Maintenance work performed on this contract shall be in accordance with
Option A as determined by the COUNTY for the period of the contract.
SID St-M
SIGNAL NANin%AWM & KASTM
GONSMIGnON CONTRACT
�8
f C
MASTER CONSTRUCTION CONTRACT_ BID UNIT PRICE SCHEDULE
*632 -7 -1 Signal Cable (Span Length
Range 50'- 149') IMSA P.I.
Spec. 19 -1, 16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 150'- 199') IMSA
Spec. 19 -1, 16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 200'- 299') IMSA
Spec. 19 -1, 16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 300'- 349') IMSA
Spec. 19 -1,16 Conductor
Veh, 12 Conductor Peds
BID #04 -093
SIGNAL MAINTENANCE & MASTER 49
CONSTRUCTION CONTRACT
1]
Fall
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$ i3�1�
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$ ZZ-7 L'' c 4,
Unit Price Schedule
Item
No. Description
Units
Unit Price
620 -1 -1
Ground Electrodes(F &I)
L.F.
$
XZ'��
630 -1 -11
1" Above Ground Conduit(F &I)
L.F.
$
0.
630 -1 -11
2" Above Ground Conduit(F &I)
L.F.
$ IZ•S'v
630 -1 -12
2" Underground Conduit(F &t)
L.F.
$
630 -1 -12
4" Underground Conduit(F &I)
L.F.
$
'a
630 -1 -13
2" Underpavement Conduit (F &I)
L.F.
$
630 -1 -13
4" Underpavement Conduit (F &I)
L.F.
$
Z ' • c
630 -1 -14
2" Rigid Jacked Conduit (F &I)
L.F.
$
1'00
630 -1 -14
4" Rigid Jacked Conduit (M)
L.F.
$
,- Qc,
632 -7
Signal Cable (12 Conductor -F &I)
L.F.
$
Z'Z'
632 -7
Signal Cable (16 Conductor -F &I)
L.F.
$
*632 -7 -1 Signal Cable (Span Length
Range 50'- 149') IMSA P.I.
Spec. 19 -1, 16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 150'- 199') IMSA
Spec. 19 -1, 16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 200'- 299') IMSA
Spec. 19 -1, 16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 300'- 349') IMSA
Spec. 19 -1,16 Conductor
Veh, 12 Conductor Peds
BID #04 -093
SIGNAL MAINTENANCE & MASTER 49
CONSTRUCTION CONTRACT
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$55.c
$ i3�1�
L•
$
$ ZZ-7 L'' c 4,
Item No. Description Units Unit Price
- -------------------------
*632-7-1' Signal Cable (Span Length
Range 350'- 399') IMSA P.I. $ 2.'- o ,cu
Spec. 19 -1,16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 400'- 499') IMSA P.I. $ Z(rCE
Spec. 19 -1,16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 500'- 599') IMSA P.I. $ -X cr
Spec_ 19 -1, 16 Conductor
Veh, 12 Conductor Peds
*632 -7 -1 Signal Cable (Span Length
Range 600' or greater) IMSA
Spec. 19 -1, 16 Conductor P.1. $ .3 C C C c
Veh, 12 Conductor Peds
*ALL INTERSECTION SPAN LENGTH SHALL CARRY NECESSARY CABLE OR
CABLES FOR VEHICLE SIGNALS AND PEDESTRIAN SIGNALS - BID SHOULD REFLECT
TOTAL COST PER INTERSECTION.
632 -8 -211 Interconnect Cable Aerial 6
Pr -22 Gauge includes Integral
Messenger Cable (PE -38) L.F.
632 -8 -212 Interconnect Cable
Underground 6 Pr -22
Gauge (PE -39)
634 -4 -112 Span Wire Assembly Diagonal
(Span Length Range 50' -550')
634 -4 -113 Span Wire Assembly Box
(Span Length Range 50' -550')
634 -4 -114 Span Wire Assembly - Drop
Box (Span Length Range
50' - 550')
634 -5 -1 Fiberglass Insulator
634 -6 -1 Messenger Wilre
BID #04 -093
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
20
$ V75
$ l
$ cc,
$`i
Item No. Description Units Unit Price
635 -1 -11
Pull Box
EA
$ " �(� C. Do
635 -1 -11 A
Pull Box Grounded
EA
$
(Per Index 17503)
635 -1 -31
Pull Box (Install Only)
EA
$
i2
639 -1 -13
Elec, Power Svc - Overhead
AS
$
n75-
639 -1 -23
Elec. Power Svc - Under Ground
AS
$
639 -2 -1
Electrical Svc. Wire
LF
$
i,30
639 -3 -11
Electrical Svc Disconnect
AS
$
:5T.
641 -1
Guying Concrete Strain Poles
EA
$��
e�
'
641 -13 -144
44' Class IV Conc. Pole
EA
$
641 -14 -138
38' Class V Conc. Pole
EA
$
00•6'0
641 -14 -140
40' Class V Conc. Pole
EA
$
641 -14 -141
41' Class V Conc. Pole
EA
$
( as
641 -14 -144
44' Ciass V Conc. Pole
EA
$
641 -15 -140
40' Class VI Conc. Pole
EA
$
CC
641 -15 -141
41' Class VI Conc. Pole
EA
$
�' GC
7� )-
641 -15 -144
44' Class VI Conc. Pole
EA
$
E' 75- `«
641 -15 -146
46' Class VI Conc. Pole
EA
$ GCC• CP
641 -15 -147
47' Class VI Conc. Pole
EA
$
(i2C- `e
641 -15 -148
48' Class VI Conc. Pole
EA
$
�j� C`
641 -15 -149
49' Class VI Conc. Pole
EA
$ �j5 C o
641 -15 -150
50' Class VI Conc. Pole
EA
$ "°
641 -34 -134
34' Class V Conc. Pole
EA
$
ICC cc
Install Only
BID 006 -093
SIGNAL MAINTENANCE & MASTER 7�
CONSTRUCTION CONTRACT
* ** *Reprised Page 22 * * **
BID #04 -093 -ADDENDUM #1
SIGNAL MAINTENANCE & MASTER CONST. CONT.
JOHN D. BRUHN, District No. I - DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5
COUNTY ADM NISTRATOR - DOUGLAS M. ANDERSON
2300 Vuginia Avenue - Port Pierce, FL 34982 -5652 - (772) -462 -1700 • FAX (772) 462 -1294
1
Item No. Description
Units
Unit Price
641 -34 -138
38' Class V Conc. Pale
EA
$ s :p • °�
Install Only
641 -34 -141
41' Class V Conc. Pole
EA
Install Only
641 -35- 141
44' Class VI Conc. Pole
EA
$ 12CQ• or
Install Only
641 -35 -141
44' Class VI Conc. Pole
EA
$ E2CD•
Install Only
643 -130
30' Wood Pole with Down
Guying
EA
$ 51st".
643 -140
41' Wood Pole With Down
Guying
EA
$ Ct -7 57-
643 -145
45' Wood Pole With Down
EA
$EGG• c L
Guying
649 -412 -001
Mast Arm Assembly Single
EA
$ i , .3 t C' C c
Arm 36' No Luminaire F &I
649 - 413 -002
Mast Arm Assembly Single
EA
$ i Q1 115VT or
Arm 46' No Luminaire F &I
649 - 416 -004
Mast Arm Assembly Single
EA
$5' o c
Arm 70' No Luminaire F &I
649 -432 -001
Mast Arm Assembly Single
EA
$
Arm 36' with Luminaire F &I
649 -433 -002
Mast Arm Assembly Single
EA
$ .0 CC -cc,
Arm 46' with Luminaire F &I
649 - 436 -004
Mast Arm Assembly Single
EA
$ , 5co'
Arm 70' with Luminaire F &I
* ** *Reprised Page 22 * * **
BID #04 -093 -ADDENDUM #1
SIGNAL MAINTENANCE & MASTER CONST. CONT.
JOHN D. BRUHN, District No. I - DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5
COUNTY ADM NISTRATOR - DOUGLAS M. ANDERSON
2300 Vuginia Avenue - Port Pierce, FL 34982 -5652 - (772) -462 -1700 • FAX (772) 462 -1294
Item No. Description Units Unit Price
650 -51 -111 1 Section Alum. Signal Head
BID OD4 -043
SIGNAL MAINTENANCE & MASTER 23
CONSTRUCTION CONTRACT
AS
AS
AS $ 5y.S.cc
AS $ CO
AS $ %0.00
AS $ boi,- ov
AS $ 5. 6
AS $ /300• c
AS $ j•7 �� • �:4;
AS $ I - 00
AS $ it -700- cc
AS $_-_2 y?o -
AS $ _�SGG•" O
AS $ q-,S•Q0
AS $ -7 a c,
(12 ")
650 -51 -112
1 Section Lightweight Signal
Head (12 ")
650 -51 -121
1 Section Alum. Signal Head
(12 "/2 Way)
650 -51 -131
1 Section Alum. Signal Head
(12 "/3 Way)
650 -51 -141
1 Section Alum Signal Head
(12 "/4 Way)
650 -51 -311
3 Section Alum. Signal Head
(12 '71 Way)
650 -51 -312
3 Section Lightweight Signal
Head (12 ")
650 -51 -321
3 Section Alum. Signal Head
(12 "/2 Way)
650 -51 -322
3 Section Alum. Signal Head
(12 "/2 Way Lt. Wt.)
650 -51 -331
3 Section Alum. Signal Head
(12 "13 Way)
650 -51 -332
3 Section Alum. Signal Head
(12 "/3 Way Lt. Wt.)
650 -51 -341
3 Section Alum. Signal Head
(12 "14 Way)
650 -51 -342
3 Section Alum. Signal Head
(12'74 Way Lt. Wt.)
650 - 51-411
4 Section Alum. Signal Head
(12 "/1 Way)
650- 51-412
4 Section Alum. Signal Head
(12 "/1 Way Lt. Wt.)
BID OD4 -043
SIGNAL MAINTENANCE & MASTER 23
CONSTRUCTION CONTRACT
AS
AS
AS $ 5y.S.cc
AS $ CO
AS $ %0.00
AS $ boi,- ov
AS $ 5. 6
AS $ /300• c
AS $ j•7 �� • �:4;
AS $ I - 00
AS $ it -700- cc
AS $_-_2 y?o -
AS $ _�SGG•" O
AS $ q-,S•Q0
AS $ -7 a c,
Item No. Description Units -~ Unit Price M
650 -51 -511 5 Section Alum. Signal Head (12 ") AS $ �AC.00
650 -51 -512 5 Section Alum. Signal Head
BID X04 -093
SIGNAL MAINTENANCE & MASTER 24
CONSTRUCTION CONTRACT
(12 "/1 Way Lt. Wt.)
AS
$ E-w• °c
650 -53 -311
3 Section Alum. Signal Head
(12 "/1 Way) Install Only
AS
$ �i 0• o0
650 -53 -321
3 Section Alum. Signal Head
(12 "/2 Way) Install Only
AS
650 -53 -331
3 Section Alum. Signal Head
(12 "13 Way) Install Only
AS
650 -53 -341
3 Section Alum. Signal Head
(12 "/4 Way) Install Only
AS
$__257>-
650 - 53-411
4 Section Alum. Signal Head
(12 "/1 Way) Install Only
AS
650 -53 -511
5 Sect. Alum. Signal Cluster
Head (12 ") Install Only
AS
653 -181
12" Pedestrian Signal Head
(1 Sec, 1 Way)
AS
653 -182
12" Pedestrian Signal Head
(1 Sec, 2 Way)
AS
cc
653 -381
12" Pedestrian Signal Head
(1 Way ) Install Only
AS
$ j Z • CC
653 -382
12" Pedestrian Signal Head
(2 Way) Install Only
AS
c. CC
659 -1 -20
LED's A Red
EA
$ j +L • cc
659 -1 -20
LED'S B Yellow
EA
$ j - c °
659 -1 -20
LED'S C Green
EA
$_,,.2 3� c'°
659 -1 -20
LED'S D Red Arrow
EA
$
659 -1 -20
LED'S E Yellow Arrow
EA
$ I)+C,)• od
659 -1 -20
LED'S F Green Arrow
EA
$ -235 p°
BID X04 -093
SIGNAL MAINTENANCE & MASTER 24
CONSTRUCTION CONTRACT
Item No. Description Units Unit Price
659 -101 Backplates 3 Section EA it CLA • v0
659 -106
Tunnel Visors
EA
$ .oa
659 -107
Alum. Transformer Base
EA
$
659 -107
2'x2'x2' Concrete Pedestal
EA
$ 6
659 -107
Alum. Pedestrian Pole
EA
$ -7eC,,
659 -118
Backplates 5 Section
EA
$ ISD • O'Ll
660 -2 -101
Detector Loop & Lead -in
Wire 6x40' Existing
Signal Type "F"
AS
$ lib, c
660 -2 -102
Detector Loop & Lead -In
Wire 6x6 Type "B"
AS
660 -2 -102
Detector Loop & Lead -In
Wire 6x6 Type "B" Existing
Signal(Advance Loop 250')
AS
_
$ X2,,5 c0
660 -2 -102
Detector Loop & Lead -in Wire
6x6 Type "B" Existing Signal
(Advance Loop 300')
AS
$ 55D
660 -2 -102
Detector Loop & Lead-in
Wire 6x6 Type "B" Existing
Signal (Advance Loop 350')
AS
$
660 -2 -102
Detector Loop & Lead -In
Wire 6x6 Type "B" Existing
Signal (Advance Loop 400')
AS
$ . c c%
660 -2 -106
Detector Loop & Lead -in
Wire for 6'x 20' Type "F"
AS
$Z °C
660 -2 -106
Detector Loop & Lead -in
Wire for 6'x40' Type "F"
AS
$ �"
660 -2 -106
Detector Loop & Lead -In Wire
6x20'Existing Signal Type "F"
AS
_
$ 5 °
660 -2 -107
Speed Class Loop (2x1 Lanes)
AS
$ -19-D c n
Type "G"
660 -2 -109
#14AWG Loop Lead In
"Belden
3 y
Only" F &1
LF
$
BID X04 -093
SIGNAL MAINTENANCE
& MASTER
25
CONSTRUCTION CONTRACT
Item No. Description Units Unit Price
663 -74 -11 **
1 Camera Autoscope Solo Pro
AS
$ I j j/ • o �
System
663 -74 -11 **
2 Camera Autoscope Solo Pro
AS
$ Go "o
System
663- 74 -11**
3 Camera Autoscope Solo Pro
AS
$ emu* °
System
663 -74 -11 **
4 Camera Autoscope Solo Pro
AS
$-ai, 77 -
System
665 -12 *
Pedestrian Detector
With Post and Sign
AS
$•C=0
665 -13
Pedestrian Detector with Sign
AS
$ (CS ac
670 -4 -1 *
Flashing Beacon Controller
AS
$ 4tc - °c
670 -5 -31 *'`*
Instal! Controller Assembly
AS
$ JC?stt - �'�
670 -5 -31 ***
Install Controller Assembly
Includes Concrete Pad
AS
$ '.,CC'_ ec
678 -1 -103
Type 12 Econolite Monitor F&I
Furnish W /Harness
AS
$ 7�0- L�
678 -1 -103
16 Channel Econolite MMU F &I
AS
$ i �& • cr
678 -1 -107 RTC - CPR2102
Pager Controlled Time Clock AS $ 0 SO. L
4" Diameter Aluminum Post/with Aluminum Transformer Base
** Contractor shall furnish and install Camera Autoscope Solo Pro
detection assembly, to consist of: Autosope Sole Pro Video
Detection Camera, Autoscope Solo Pro Cable, Autoscope mount
brackets (horizontal mount bracket for mast arm and vertical mount
bracket for strain pole) All hardware, labor (including
mounting/wiring, miscellaneous equipment, coaxial and power
cables shall be included in the cost. Contractor shall furnish W1nTV
adapter and 25' Supervisor Cable (for interface)
*** Price shall include a minimum of two (2) police officers for traffic
control
BID 004-M
SIGNAL MAINTENANCE & MASTER 26
CONSTRUCTION CONTRACT
690 -70 Remove Pedestrian Detector
Assembly EA $ i5-cc
690 -80 Remove Span Wire Assembly EA $ °C'D' co
690 -90 Remove Cabling & Conduits EA $ 7 CC - `
690 -91 Remove Existing Interconnect
Cable LF $ 'iC
690 -100 Remove Misc.
699 -1 -1 Sign, Internally Illuminated,
Street Name
700 -84 -1 Span Mounted Sign
715 -1 -113
Conductor
715 -2 -334
Conduit
Item No.
Description
Units
Unit Price —
715 -11 -222
685-1-27
Telephone Connection Box
FI
$ �2-75• °b
690 -10
Remove Traffic Signal
$ -�2 -/ S. C C-
Head Assembly
EA
$�
690 -20
Remove Pedestrian Signal
Assembly
EA
$ -
690 -30
Remove Poles
EA
$�� acs
690 -31
Remove Signal Pedestal
EA
$
690-40
Remove Mast Arm Assembly
EA
$ isGG•
690 -50
Remove Controller Assembly
EA
$G
690 -60
Remove Vehicle Detector
Assembly
EA
$
690 -70 Remove Pedestrian Detector
Assembly EA $ i5-cc
690 -80 Remove Span Wire Assembly EA $ °C'D' co
690 -90 Remove Cabling & Conduits EA $ 7 CC - `
690 -91 Remove Existing Interconnect
Cable LF $ 'iC
690 -100 Remove Misc.
699 -1 -1 Sign, Internally Illuminated,
Street Name
700 -84 -1 Span Mounted Sign
715 -1 -113
Conductor
715 -2 -334
Conduit
715 -2-415
Conduit
715 -11 -111
Luminaire
715 -11 -222
480V 40OW HPS Ballast Only
BID *04 -093
$ 13, �0
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
27
EA
$ — 7uC ` a
EA
$ i�7 0 mac,
EA
$
LF
$ I 4
LF
$ IZ
LF
$ 13, �0
EA
$ 3,2�
EA
$ -�2 -/ S. C C-
Item No. Description Units Unit Price
715 -11 -223 40OW HPS Lamp Only EA $ Z�
715 -11 -224 75OW HPS Lamp Only EA $ 3iv
715 -20 -1 Scheduled Cleaning
715 -21 -1 Luminaire Starter Board
715 -411 -135 Lighting Pole Complete
(35' Aluminum, Single Arm)
715 -411 -150 Lighting Pole Complete
(50' Aluminum, Single Arm)
750 -80 Telephone Service
Total Estimated Amount:
BID 90"93
SIGNAL MAINTENANCE & MAST ER 28
CONSTRUCTION CONTRACT
LU $ J• c.c;
EA $ i SC •
Z_ cc;- cn
AS $
�p c a
AS $�2
PI $ 'ji5 `cR
TRAFFIC SIGNAL & STREET LIGHT MAINTENANCE
BID UNIT
PRICE SCHEDULE
OPTION "A"
TRAFFIC SIGNAL MAINTENANCE SCOPE OF WORK
CONTRACTOR shall, in general, be responsible for providing twenty
four (24) hour, seven (7) days a week "maintenance" on traffic control devices and/or
street lighting at locations defined in Schedule "A ". Additions or deletions to
SCHEDULE "A ", may be made by the COUNTY from time to time whenever traffic
signals or street lights are constructed or abandoned or materially changed. The
COUNTY shall notify CONTRACTOR in writing of such additions and deletions no less
than five (5) days prior to the effective date of the change. The addition or deletion will
alter the contract amount as defined in SCHEDULE "B ".
2. "Maintenance" shall mean all repairs, both routine and emergency necessary for the
continued operation of the specified equipment. It shall include replacement of parts in
the field, bench work, testing of components, repair of circuits, field locates, a
replacement of lamps and other steps necessary without exclusion except as noted
herein.
3. This contract shall expressly cover only work outlined herein, however,
CONTRACTOR shall be obligated to perform other such additional work in connection
with repairs as specified herein at rates defined in SCHEDULE "B" or by negotiations
where specific items are not covered.
4. A record system is essential to this contract and CONTRACTOR will be required to
maintain records for the COUNTY as a part of his duties. Records will include trip
reports, work orders, parts replaced, inventory, and timing changes as directed by the
PROJECT MANAGER. The CONTRACTOR shall log in the Cabinet Log Book any
work performed. Copies of all records shall remain the property of the COUNTY and
shall be available for public inspection during regular business hours, and one copy for
the COUNTY use shall be furnished to the TRAFFIC OPERATIONS SUPERVISOR.
5. Maintenance shall include routine inspection on all traffic signal devices with a
preventative maintenance routine as follows:
Patrol all locations Bi- Monthly: See Schedule "E"
All locations spot replace signal indication outages on emergency basis.
6. CONTRACTOR shall establish and maintain effective and rapid lines of supply for
required items. Upon the COUNTY'S notice of need, all parts orders shall be placed
by CONTRACTOR, at CONTRACTOR'S expense. CONTRACTOR shall maintain
drawings and catalogs of various items serviced to expedite parts supply requirement.
All work, materials, methods, etc., shall correspond to requirements of FDOT, ITE,
IMSA, and the MUTCD as applicable.
7. A "NOTIFICATION OF FAILURE" system is essential to the operation of the contract.
"M iIIT N ICE t NAMR 29
CONTRJUCT
COUNTY and CONTRACTOR shall devise a basic system of cx MMr inkmffiws so that
the COUNTY'S employees shall have the responsibility of nodficilo to
CONTRACTOR whenever emergency or routine service is needed. CONTRACTOR'S
responses under this contract shall be predicated on recehring appropriate notice as to
the exact location (reference the location number from SCHEDULE "A") the nature of
the-malfunction and required service (routine vs. emergency). "EMERGENCIES" shall
be responded to by CONTRACTOR, as soon as possible, and within a two (2) hour
period. "EMERGENCIES" are to be determined by the reporting agency; 911,
COUNTY, and all law enforcement agencies. Routine problems will be responded to
within a period of four (4) hours. Street lighting repairs shall be completed within a
forty-eight (48) hour period unless a parts acquisition problem exists. In this case the
COUNTY will be notified of the anticipated completion date. "EMERGENCY" street
lighting repairs, due to knock down will be responded to by CONTRACTOR as soon as
possible and within a six (6) hour period. Temporary repairs, including the safe-
guarding of all circuitry, etc. shall be accomplished as under "EMERGENCY" above.
CONTRACTOR shall notify the COUNTY of recording devices, phone numbers and
locations of individuals assigned to maintenance of this contract and shall assure their
availability within its terms. Digital beepers shall be used by the maintenance
technicians receiving messages in the field. Telephones utilized by the
CONTRACTOR for COUNTY work must be accessed through a local exchange.
8. In order to insure a "Constant State of Readiness" the CONTRACTOR shall maintain,
at his expense, the minimum inventory as described in Schedule "B ", the COUNTY will
verify the existence of this material by inspection of the CONTRACTOR'S facility. This
inventory is maintained to facilitate the activities of the CONTRACTOR'S Crews and is
not subject to repurchase by the COUNTY, under the Special Provisions of this
document.
Where the COUNTY desires like -kind spares for certain Critical Controller Locations, the
COUNTY shall be responsible for providing same.
Where extended outages are expected due to the unavailability of replacements for failed
equipment, CONTRACTOR shall provide temporary operations when possible, but shall not
be liable for the four (4) hour repair time or any consequential action as a result of the
temporary or emergency operation in so far as it differs in phasing, timing, etc., from the
norm. If desired by COUNTY, CONTRACTOR will stock any spares for street lighting (poles,
luminaries, etc.) that the COUNTY requests.
9. EXCLUSIONS:
A. Repair under base contract price of equipment damaged by hurricane, flood,
windstorm, hail, lightening, war, shooting, civil commotions, riots, nuclear blast or any
"ACTS OF GOD ", beyond the control of CONTRACTOR. For repairs necessitated by
these and other causes not specifically due to wear and tear, routine or random failure,
CONTRACTOR shall submit bills for repair at the rates defined in SCHEDULE "B"
B. "KNOCKDOWN" caused by high loads, uncontrolled vehicles, undermining,
culls iBe, work
one by others causing lowering, misalignment, or readjustment, etc.
W remedy afore names shall be done by CONTRACTOR at the rates defined in
CONTRACTOR shall keep detailed records for use by COUNTY in
TER 30
F
, WW
gyp: -. t .�nyP �+S+n ➢.�,'MS ���.'!f
S p
l
pursuit of claims against others. R shah be the regmnsib" of ce::W41 16 seek
redress against third (3rd) parties responsible for such',, such
damage shall be paid by the COUNTY, unless other arran are agreed upon.
10. CONTRACTOR shall invoice COUNTY on a monthly basis for services performed.
Services performed shall be designated as either regular or "EXTRA' and shall be
invoiced accordingly.
A. Regular services will be invoiced at a "base" amount which
will be expressed in SCHEDULE "B" of this agreement. This "base" amount will be
guaranteed for a two (2) year term subject to modification for additions and deletions
to SCHEDULE "A" at rates expressed in SCHEDULE "B ". All materials, that are not
supplied by the COUNTY and are not included in the Master Construction Contract Bid
Unit Price Schedule, used in the Execution of CONTRACTOR'S rendering of routine
and emergency maintenance services will be invoiced to the COUNTY at
CONTRACTOR'S full cost plus f percent. Sufficient documentation of materials
used will accompany CONTRACTOR'S invoice each month.
B. "Extra" billing for services performed at the COUNTY'S request
will be invoiced once a month. These billings shall be for services performed by
CONTRACTOR that are either not specifically included in this agreement for services
or are specifically excluded as per paragraph nine (9). Charges for work performed
under this classification shall be based on an hourly rate (SCHEDULE "B ") for
equipment usage, travel time, shop time and field labor time. Materials that are not
supplied by the COUNTY but are used will be invoiced to the COUNTY by
CONTRACTOR'S full cost plus 1? percent. All billings under this classification shall
be accompanied by sufficient documentation for the COUNTY to identify and confirm
initial request for services, as well as copies of Vendor's Invoices for materials.
11. The term of this agreement will be two (2) years with an option for a third (3rd) year,
the agreement may be extended upon agreement by both parties. Contract Unit Prices
shall remain in effect for two (2) years. Unit Price changes, may be proposed by the
CONTRACTOR for the third (3rd) and final year of the contract. This agreement may
be terminated by either party, at their pleasure upon the next expiration date by
serving the other party with a thirty (30) days notice of intent to cancel.
12. Under this agreement, CONTRACTOR agrees to provide special work, equipment and
service when requested by the COUNTY at the amounts shown in SCHEDULE "D ".
These services shall be for the purpose of completing the effective installation and
operation of the COUNTY'S traffic control system.
ae.s
AMTENANCE 3 MASTER
iNu=ml CONTRACT
x- w,
31
1. Contract shall allow for providing all materials, equipment and services necessary to
provide County -wide aignalization services including emergency on -call response, new
construction, rehabilftetlons, selected maintenance of traffic signals, traffic monitoring
sites. and streetlight facilities on all County -wide roads.
2. Work covered under this contract is intended to include repair and maintenance
necessary because of normal wear and tear and minor incidental damage.
3. In the event of sudden, and unexpected damage, such as a catastrophic loss due to
knockdowns, floods, hurricanes, severe and prolonged lightening discharge, fires,
riots, civil disturbances, wars, etc., necessitating extensive and major repairs beyond
and in excess of those normally expected, CONTRACTOR shall only be required to
repair or replace equipment under the "cost plus" basis.
4. It shall be the responsibility of CONTRACTOR to call to the attention of the COUNTY
those instances where extensive repairs are necessary and where it is economically
advantageous to the COUNTY to replace equipment rather than repair it.
5. In the event that CONTRACTOR shall be deemed to have substantially failed to
perform satisfactorily under this contract, by the COUNTY representative, he shall be
so notified and given thirty (30) days, this contract may be canceled and voided after
payment of only those just debts and expenses incurred by CONTRACTOR on behalf
of this contract. In addition all inventory stocked by CONTRACTOR specifically for this
system shall be paid for under contract provisions, and become the property of the
COUNTY (as if used).
6. Due to the nature of this contract CONTRACTOR must have a current Certificate of
Qualification from the Florida Department of Transportation. A copy of the current
Certificate of Qualification must be attached to the Bid documents for this Bid to be
valid.
7. At the time of Bidding CONTRACTOR must have a current St. Lucie County Electrical
Contractors license and a copy must be attached to the Bid documents or this Bid will
be invalid.
8. CONTRACTOR to provide an IMSA Certified Level II or higher Traffic Signal
Technician. Technician must have TS2 experience and training on Econolite
equipment and programming. Intersections, which are Interconnected or otherwise
operating under the control of a Remote Master Controller /Central Computer must be
supervised by a verifiable AREA SUPERINTENDENT who has successfully installed
and operated Interconnected systems of four Intersections or more, operating with
Aries software.
&TER 32
(SPECIAL PROVISIONS CONT'D)
CONTRACTOR shall submit, for approval by the COUNTY, the
resume'(s) of the proposed AREA SUPERINTENDENT and Technician(s). In the event
that the CONTRACTOR experiences personnel changes during the course of this
contract the CONTRACTOR must notify the COUNTY in writing within thirty (30) Days.
CONTRACTOR shall also submit the resume of the replacement personnel at this
time. Failure to provide properly qualified staff shall result in a reduction of twenty
percent (20 %) for the monthly base maintenance bill for a period of two (2) months.
Failure to provide properly qualified personnel within sixty (60) days shall result in
termination of this contract.
9. All Mast Arms shall be galvanized. The cost of all subsurface analysis and structural
engineering to ensure the proper design and sizing of the mast arms and mast arm
foundation shall be the responsibility of the CONTRACTOR and shall be included in the
unit price for each mast arm assembly. All certified reports and design criteria shall be
submitted for the Owner's records.
The CONTRACTOR will be issued a purchase order for mast arms prior to the beginning
of a project due to the excessive lead -time associated with this product. The
CONTRACTOR will not be reimbursed for the storage of these mast arms prior to their
installation. The costs for storage will be included in the bid items for mast arms.
The CONTRACTOR is required to order mast arms within ten (10) days of receipt of
purchase order unless otherwise directed by the COUNTY. Failure of the CONTRACTOR
to fulfill the obligations of this contract could constitute grounds for canceling the contract.
All mast arm foundations shall be designed for the ability to reconfigure and install
additional signal heads and signs in the future. The foundations shall be designed for the
maximum allowable number of signal heads on the designated segment length of the
mast arm and the addition of a sign.
33
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 15
ST, LUCIE COUNTY, LIST OF SIGNALIZED INTERSECTIONS
SCHEDULE "A"
SIGNAL NO:
LOCATION
TYPE
03
MIDWAY RD & U.S. 1
ACT
04
MIDWAY RD & OLEANDER BLVD
ACT
05
OLEANDER AVE & EDWARDS RD
ACT
00
SUNRISE BLVD & EDWARDS RD
ACT
07
SOUTH 25TH ST & EDWARDS RD
ACT
10
WINTER GARDEN PKWY & KINGS HWY
ACT
11
ORANGE AVE & KINGS HWY
ACT
12
ANGLE RD & KINGS HWY
ACT
13
ST. LUCIE BLVD & KINGS HWY
SWF
14
ST. LUCIE BLVD & U.S. 1
ACT
15
INDRIO RD & KINGS HWY
ACT
16
INDRIO RD & U.S. 1
SWF
17
KINGS HWY & U-S_ 1
ACT
18
AIA & ATLANTIC BEACH BLVD
ACT
19
OLD DIXIE HWY & AIA
ACT*
20
AIA & U.S. 1
ACT
21
NORTH 25TH ST & ST. LUCIE BLVD
ACT
22
MIDWAY RD & SOUTH 25TH ST
ACT
23
NORTH 39TH ST & METZGER RD
SWF
26
NORTH AIA & BRYNMAR
SWF
26
OLD DIXIE HWY & HARBOR BRANCH
ACT
27
ORANGE AVE & HARTMAN RD
ACT
28
GLADES CUTOFF RD & LANDFILL
SWF
(SCHEDULE "A"
CONrD)
131D 04-093
34
SIGNAL MAINTENANCE & MASTER
CONSTRUC71ON CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 16
SIGNAL NO. LOCATION
TYPE
29
SUNRISE BLVD & BELL AVE
SWF
32
U.S. 1 & NORTH 257" ST
ACT
33
EDWARDS RD @ FT PIERCE CENTRAL HS
ACT
34
RIO MAR DR. & U.S. 1
ACT
35
U.S. 1 & SPANISH LAKES BLVD
ACT
36
U.S.1 & SAVANNA CLUB BLVD
ACT
38
MIDWAY RD & GLADES CUTOFF RD
ACT`
39
MIDWAY RD & WEATHERBEE RD
SWF
40
MIDWAY RD & SE.LVITZ RD
ACT
41
NORTH 25TH ST & JUANITA AVE
ACT
42
U.S,1 & EASY ST
ACT
43
ANGLE RD & NORTH 59T" ST
SWF
45
MIDWAY RD & 1 -95 SOUTHBOUND EXIT
ACT
47
EDWARDS RD & SELVITZ RD
ACT
48
U-S. 1 & Kr TERMAN RD
ACT
51
JUANITA AVE & NORTH 53RD ST
FSS
53
TORINO PKWY & MIDWAY RD
ACT
56
JENKINS RD & ORANGE AVE
ACT
103
PRIMA VISTA BLVD & U.S. 1
ACT
113
RIO MAR DR & PRIMA VISTA BLVD
ACT
914
NARANJA AVE & PRIMA VISTA BLVD
ACT
115
FLORESTA AVE & PRIMA VISTA BLVD
ACT
116
PRIMA VISTA @ AIROSO -FIRE STATION
ACT"
NOTE,
" PRE- EMPTION a 3 ACT ACTUA'T'ED SIGNAL
= 37
SWF SPAN WIRE FLASHER - $ FSS FLASHING STOP SIGN = 1
sw .W -093 35
SIGNAL, MAINTENANCE & MASTER
CONSTROCTIOH CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL UNUUF 1NU rr�a� 1r
SCHEDULE "B"
1- BASE CQNTRACT AMOUNT
A. For scheduled maintenance of all signalized intersection from SCHEDULE "A"
$ �0
B. For additions or deletions during contract period: add or subtract from "base amount"
accordingly:
Flashers -span, wire ........................ $-15_/mo.
r
Flashers-mast arm ............................. $ I � /mo.
Actuated Controllers 2PH thru 8PH...._
SCHEDULE "C"
2. W- BA BILLINGS
1. Repairs to equipment returned to manufacturer by CONTRACTOR shalt be paid, for by
COUNTY, at CONTRACTOR'S full cost plus 2,, percent. All billing for services
of this nature, will be supported by copies of manufacturees Invoice.
2. Shop, travel and field labor hourly billing rate includes one technician with truck
.............. $ 6757 /hr,
1. The COUNTY shall be advised of items which require replacement. Upon written
approval from the COUNTY the CONTRACTOR will proceed with the repairs and
invoice according to the unit prices found in the Construction Contract.
2. Equipment hourly billings rate:
Auger Trucks -42" with Operator.... $—q.(L-Ihr.
Bucket Trucks height up to 36'........ $ L& /hr,
Bucket Trucks height above 35 ....... $_J�,/hr.
Trenching Machine 30" x 4"........... $ �� /hr.
Concrete Saw with Operator......... $ ±k /hr.
18 Ton hydraulic crane w /Operator.. $-LqP, /hr.
Service aerial unit w /Operator ........ . $ `-)q' /hr.
Backhoe with Operator. .. . ................
SO 904-M
SIGNAL MAWTEMANCE & MASTCR 36
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE 51UNAL UKUUF 1NU
§CH.)ULE "E3"
SPECIAL LABOR AND EQUIPMENT SERVICES
1. Vehicle Detector Loop Cutting-
Asphalt.— ................................................
Concrete .................... ...............................
2, Foundation Excavation per DOT
Specifications (Wx6)(nominal) ..............
3. Concrete Poles:
Unloaded at job site, erected in place & poured:
Class V 34'- 44........................................
Class VI 40' 50' ..... .............................
Class VII 44'- 58 ...... ...............................
4. Pipe Pushing- 2" ........................... ...............................
5. Street Lights. Aluminum Poles, unload at job site &
erected:
$45b-"" EA
$ 36' ° "EA
$ Q-vo EA
$ '73 fEA
$ 12611•��EA
$11=A
$1.2-1570 EA
Mounting height to 35' ............................... $A DO EA
Mounting height above 35 ........................ $42,00EA
Install new concrete base..._., ................. $ -W,00EA
6. Street Lights:
rAut 10
480V 40OW HPS Battast ONLY F &I .......... $ 0"EA
404W HPS Lamp ONLY F&I .................... $ •f�DEA
75OW HPS Lamp ONLY F &I .................... $ qV0 EA
7. Microwave Detection(4 detectors and all associated hardware)for detection
during construction. .................... $Jop-c-PPER Intersection
BID 00"09
SIGNAL MAINTENANCE & MASTER 37
CQP!MUCMN CONTRACT
01111/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 19
NOTES:
All prices above are for labor and equipment ONLY.
2. Equipment and service rates shall be subject to normal
equipment rental procedures and regulations.
3. For the work directed to be performed other than above, CONTRACTOR'S cost
(including overhead) plus an amount equal to % shall be the basis
for payments in accordance with the provisions of the Florida Department of
Transportation Standard for Road and Bridge Construction schedule of force
account work_
BID 183
SIGNAL MAINTENANCE R MASTER 30
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 20
SCHEDULE "E"
BI- MONTHLY PATROL CHECK-IN
1. Verify time settings match master time sheet.
2. Verify proper controller operation.
3. Check vehicle detectors for proper operation.
4. Check for proper interconnect operation - blown fuses, proper switch position, etc,
5. Check clock for correct time and day.
5. Check surge protection devices.
7_ Check operation of fan and thermostat.
8. Check vehicle and pedestrian signals for outages, alignments, physical damage,
etc.
9. Check poles, span wire, and cables for damage.
10. Check pedestrian detectors for proper operation.
11. Check loops for exposed wires, poor sealant, potholes, etc.
12. Check hand holes and pull boxes for damage and proper drainage.
13. Clear weeds from around cabinet, pull boxes, poles, etc.
14. Check area around control cabinet for wash -outs especially near canals.
15. Vacuum cabinet, clean equipment, and replace filters as needed.
16. Check condition of signing and pavement markings,
17. Check cabinet base sealant,
BID #"4w
SIGNAL MAINTENANCE & MASTER 39
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 21
SCHEDULE "F"
ANNUAL OVERHAUL CHECK -LIST
1. Verify time settings match master time sheet.
2. Verify proper controller operation.
3. Check vehicle detectors for proper operation.
4. Check for proper interconnect operation - Blown fuses, proper switch position, etc.
5. Check clock for correct time and day.
6. Check surge protection devices.
7. Check operation of fan and thermostats.
8. Check vehicle & pedestrian signals for outages, alignment, physical damage, etc.
9. Check poles, span wire, mast arms and cables for damage.
10. Check pedestrian detectors for proper operation.
11. Check loops for exposed wires, poor sealant, potholes, etc.
12. Check hand holes and pull boxes for damage and proper drainage.
13. Clear weeds from around cabinet, pull boxes, poles, etc.
14. Test Conflict Monitor for proper operation: conflict, 24 -volt fail, etc.
15. Check service for proper voltage.
16. Vacuum cabinet, clean equipment, and replace filter.
17. Lubricate locks and hinges.
18. Apply insect control if needed.
19. Check vehicle signals for proper sight distance and vertical clearance.
20. Check signals for repainting needs.
21. Check condition of signing and pavement marking.
BID 08"93
SIGNAL 4WNTENANCE & MASTER 40
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 22
SCHEDULE "G"
ST, LUCIE COUNTY
TRAFFIC SIGNAL MAINTENANCE & CONSTRUCTION CONTRACT
INVENTORY / SPARE PARTS LIST
QUANJITY
DQE CR1pTIQN
8
Span Wire Clamps
8
Adjustable Hangers
4
Extension Pieces for Adjustable Hangers
8
16 Circuit Disconnect Hangers
8
Tri -Stud Flange Hangers for Disconnects
8,
12" 1 Sect Die -cast Alum Traffic Signal Head with LED lens
4
12" 3 Sect Die -cast Alum Traffic Signal with LED lens
4
12' 5 Sect Die -cast Alum Traffic Signal with LED lens
8
1 Way 1 Section Pedestrian Signals LED
2
3 Section Back - plates
2
5 Section Back - plates
10
12" Tunnel Visors
20
135 Watt 120 Volt, 8000 Hr Traffic Signal Lamps
20
90 Watt 120 Volt, 8000 Hr Traffic Signal Lamps
2
2 Way Top & Bottom Brackets
1
3 Way Top & Bottom Brackets
4.
18" - 3/4" Galvanized Eyebolts
4
22"- 3/4" Galvanized Eyebolts
4
24" - 3/4" Galvanized Eyebolts
8
318" Stranvises
8
1/4" Stranvises
4
3 /8" Stranlinks
4
1/4" Stranlinks
20
J Line Hardware (Sets)
2
120/240 Volt, 176 Watt Lightning /Surge Arresters
4
Adjustable Sign Hanger Brackets
10
Nema Load Switches
2
MMU's 16CN
2
Conflict Monitors
4
Flash Transfer Relays
3
Flashers
1
Portable "Suitcase" Controller Diagnostic/
Test Equipment TS2 Type I
810 W4 -003
SIGNAL H ARMNANCE & MASTER 41
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GKUUH INU r'Aut zj
B_ASFp !?N BID UNIT PRICES
4 ESTIMATED QUANTITIES
NOTE: This Bid is on a unit price basis. The total estimated amount is for Bid comparison
purposes only.
I have attached the required five percent (5 %) Bid Security to this Bid.
Date: �z��
Bidder: _ J r • l'�Z/ C .
By. - -
Title: ;2 t. L - ®Qn� � �YPS'� ea d &G0
Mailing Address-
Phone:
ern #04 -003
SIGNAL MAINTENANCE & MASTER 42
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 24
SECTION 300
BIDDER'S QUALIFICATION QUESTIONNAIRE
THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURACY OF ALL
STATEMENTS AND ANSWERS HEREIN CONTAINED:
1. How many// years has your organization been in business as a general contractor?
777/1 ,. r/ it Pi F e
2.
3
What Is the last project of this nature that you have completed?
Have you ever failed to complete work awarded to you? if so, where and why?
�D
4. The following are named as three (3) corporations or individuals for which you have
performed work and to which you refer.
t
1.
6 /Ae-V.3
5. Have you personally Inspected the proposed work and have you a complete plan or
schedule for its performance? Provide schedule to describe the amount of work per
month that is to be completed. / / ,
��I1_t. �YAjL -hivl I,Ali✓(1 /(1 -'!fAq tVI/LVA-V'-Af IffS ;IJ✓YN/i — 0-AL&J i[a
G�lal �c •C i '0
r' u>~�fS [ i, c . fCj f.ka�czd� due �b &ee o%.� &;cage r,, au
� tuba rrl�,tic.-f ���� r�.C•7/j "r;�c �' � f
810 #04.093
SIGNAL MAINTENANCE A MASTER 43
CONSTRUCTION CONTRACT
01111/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 25
(BIDDER'S QUALIFICATION QUESTIONNAIRE CONTINUED)
6_ Will you sublet part of this work? If so, give details.
hs `'1/t j'1 0 be ,S'ffft - �a- � d;Y'ei r-xcpg 4tyl
T
7. What equipment do you awn that is available for the work?
B. What equipment will you purchase for the proposed work?
9. What equipment will you rent for the proposed work?
%1M
10. The following is given as a summary of the financial statement of the
undersigned: (List assets and liabilities and use insert sheet(s)if necessary).
BID /04 -493
SIGNAL MAINTENANCE A MASTER 44
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 26
(BIDDER'S QUALIFICATION QUESTIONNAIRE CONTINUED)
11. State the true, exact, correct and complete name of the partnership, corporation or trade
name under which you do business_ (If corporation, state the name of the president and
secretary_ If a partnership, state the name of all partners. If a trade name, state the name
of the individuals who do business under the trade name).
Name
(a) The business is a__( Yn�`Y` J off%
(b) The address of the principal place of business is:
(c) The names of the corporate officers, or partners, or Individuals doing business
under a trade name are as follows:
K-41)" L . 1/f/ M- c-1 . I ✓ . /'YCK / ry10 it -f 4 ( _ r'_. (J
NID X01.093
SIGNAL "NTENANCE & MASTER 45
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 27
DID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned. The Signal Group,
Inc. as Prindpal, and Fidelity _& Deposit
CM2any of America as Surety, are hereby held and firmly bound
St. Lucie County Boar
unto of County Commissioners as OWNER In the penal sum of Five Percent of
Amount Bid (5 %) for the payment of which, well and truly to be made, we
hereby jointly and severally bind ourselves. successors and assigns.
Signed, this 28 clay of July , 20_24--
The Condition of the above obligation Is such that whereas the Principal has submitted to
St. Lucie County Board of County Commissioners a arWn IM, attached
hereto and hereby made a part hereof to antra into a contract in writing, for the Signal
Maintenance and Master Signal Construction Contract, Public Works /Road
and Bridge
NOW THEREFORE,
(a) R sold Bld ahaq be rejected, or in tine alumate.
(b) If seed Rid shall be accepted and ft Principal shah execute and de9ver a contract in the
Fam of Content oft 0 al hereto (properly completed in accordance wflh said Bid) and
Snell fbmieh a bond far his tsteha,l performance of seld Contract. furnishing rnaterlsils in
connection dmwwith, and shaft In at other respects peribrm the agreement areated by
the acceptance of said bid, then this obligation shed be void. otherwise the same shss
ism. n in kx and efisct; it being expressly understood and agreed that the iiabHty of
the Surety for any and all deems hereunder shall. In no event, exceed the penal amount
Of this obligation as herein staled.
The Surety, for value reverend. hereby *Wulafee and agrees that the obligations of said Surety
and Its bond shalt be In no way In"Irvd or affect ad by any wdensbn of the qme within which the
OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNIESS WHEREOF, the Principal and the Surety have hereunto set (heir hands and "Pie.
and such of them as are corporations have caused their corporate seals to be hereto afPocad and
these preterite to be signed by their Prow oBicst the day and yew fist set forth above.
al�wea.rrwrMlOe ssrt 47
coasru cvm coorwWWr
E0 3W8 JNI drNTAS) -?UNqTC, 'ale l ) a79"I TOGT 07 —w s nns ins j i n
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 28
Principal (Print Ful Name)
Surety (Print Ful Name)
Signal aup, nc. Fidelity and Deposit �Company of Maryland ^
o—Loki,,b— Cind L. Miriso,la,
TITLE: �gl a,�t,14 TITLE:: Attorney -in -Fact & Florida Resident Agent
IMPORTANT , Surety oompenles executing bonds must appear on " Treasury EmparbTont's
most current gist (cirouler 670 as amended) and be authorized to transact business In the elate
whom the p aject is located.
MOSS&OW
ooNT Crt
08 3`Vd -NT AnnMh 1bNRTR al-II
l 070414.0 TMnT MV •ter inn+ 0-- .. -
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 29
1WE
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse
M side hereof and are hereby certified to be in full force and effect on the date hereof d s �n ate, constitute and
appoint Johu K. RITENOUR, Louis G. MITCHELL, Cindy L. MIR � =ON, all of
Longwood, Florida, EACH its true and lawful agent and At �e =Fiiia�1'4 tjti deliver, for, and on
its behalf as surety, and as its act and deed: any an o �4dd �nnd ixe of such bonds or
undertakings in pursuance of these prese I , � � as fully and amply, to all inlcnts and
purposes, as if they had been d t o p hh t'ejularly elected officers of the Company at its office
in Baltimore, Md_, ip t�}glt@.lr,p��.7�5
The said Assistant
Section 2, of the By-
*6fhat the extract set forth on the reverse side hereof is a true copy of Article VI,
and is now in force.
IN WITNESS WIER10F, the said Vice- President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of July, A.D.
2004.
ATTEST:
F�,G yEPOf�i
e o
W�..n
State of Maryland l ss,
City of Baltimore J
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
T. ,E, Smith Assistant Secretary
M. A Hammond Vice President
On this 9th day of July, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned
and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to the personally known to be the individuals and officers described in and who
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Sea) and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN 'TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
,! R. N
�qr hA'
mow• i ��:
Demur R. Havden Notary Public
My Commission Expires: February 1, 2005
01111/2065 15:53 15617443207 THE S16NAL UKUUF 1NU �HU�
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and' Attorneys -in -Fact as the business of the Company may requite, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of _judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Powcr of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
,RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this 28 , day of July 2004
r�
Ascisurnr SeC'rer¢ry
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 31
TRENCH SAFETY ACT laMPLIANGI= STATEMENT
Project Name:,,,%yrtri.� f' i,/ te�ri7C�.,Qri�triN�1�r�v
Project Number:
Project Location: /V i
Instructions:
Chapter 90 -96 of the Laws of Florida requires all contractors engaged by St. Lucie County, Florida to
comply with Occupational Safety and Health Administration Standard 29 C.F.R. s. 1926,650 Subpart
P. All prospective contractors are required to sign the compliance statement and provide compliance
cost information where indicated below. The costs for complying with the Trench Safety Act must be
incorporated into this project's base bid_
Certify this form in the presence of a notary public or other officer authorized to administer oaths_
Certification
I understand that Chapter 90 -96 of the taws of Florida (The Trench Safety Act) requires me
to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. I will comply with The
Trench Safety Act and I will design and provide trench safety systems at all trench
excavations in excess of five feet in depth for this project.
2. The estimated cost imposed by compliance with The Trench Safety Act will be:
Dollars
(Figures)
(Written)
3. The amount listed above has been included within the Base Bid.
Certified: A
B
Y
01resident'sTyped or Printed Name)
Notarization:
7 !T CR UA.w3
(Presidents Signature)
Sworn to and subscribed before me in /r+BrrJ I LCounty, Florida on the, day of
Notary Public: (affix seal) Commission Expires: Sarah Brooks Strauss
�,NY•P
p - Commission #DD241848
y. Expires: Apr 09, 2007
Bonded That
AtImitic Bonding Co., Inc.
DID $04493
$00NAG MAINTENANCE MASTER 51
CONSTRUCTION CONTRACT
01/11/2005 15:53 15617443207 THE SIGNAL GROUP INC PAGE 32
OF COUNTY
COMMISSIONERS
ADDENDUM #1
BID 04 -093
PURCHASING
DEPARTMENT
EDWARD PARKER
DHtECTOR
SIGNAL MAINENANCE AND MASTER CONSTRUCTION CONTRACT
June 30, 2004
To: All Prospective Bidders:
The foilowing changes, additions, clarifications, and deletions amend the Bid
Documents of the above captioned Project, and shall become an integral part of the
Contract Documents. Please note the contents herein and affix same to the documents
you have on hand. Indicate on the Bid Form that this Addendum has been received,
Clarification:
On page 22 of Bid #04 -093 there were Incomplete item numbers, please replace page
22 with the revised page attached.
Please sign and retum by mail or fax to (772) 4621294.
NAME OF FIRM:
SIGNA
DATE:
HID #04093 - ADDENDUM 01
SIGNAL MAINTENANCE S MASTEtR CONST. CONT,
IOHND. DAV*W, D4kict No. 1 • DOW COWARD, Distrld No. 2 • PAULA A LEW1s, L ,41ct No. 3 • FRANNIE Rf TtCHM0N, bietrict No- q Ci�F BARNF� District 2io_ S
COU14T Ar)MMSTRATM-DOCTGLASMSANDERSON
2300 vir&ia A+e»uc • Fon Picsco, FL 34982 -5652 • (772)462 -1700 - FAX (772) 462 -1294
Date Prepared: January 11, 2005
Meeting Date: January 20, 2005
Resolution: 22, 2005
EXHIBIT B
Signal Group, Inc. Letter of Acknowledgement
01/13/2005 08:53 15617443207
Signal
Group
1110.
January 13, 2005
Angela Wong
City of Palm Beach Gardens
10500 N. Military TH.
Palm Beach Gardens, Florida 33410
Ph: (561) 799 -4127
Fax: (561) 799-4134
THE SIGNAL GROUP INC
33 Commarco
3upiar, Florida 33436
Ph; (561) 777 -3206
Fax: (561) 777-3207
RE: St. Lucie County Signal Maintenance and Master Construction Contract
Dear Angela,
PAGE 01
The Signal Group, Inc. agrees to extend to the City of Palm Beach Gardens the same
terms and conditions stated in the St. Lucie County contract for Signal Maintenance and
Master Construction Contract, Bid No. 04093.
If you have any further questions please do not hesitate to call our office at (561) 744 -3206.
Respectfully
Robert A. Higginbotham
VP Sales/Estimating
Wi/cb
Enclosures: 0
cc: Suzanne Lansford, P.E.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 20, 2004
Meeting Date: January 6, 2005
Ordinance: 5, 2005
Subject/Agenda Item:
Exempting the City of Palm Beach Gardens from the early voting provision in Section 101.657 F.S.
[ X J Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: $_$2,486.00_
Council Action:
City Clerk
(Total)
City Attorney
�( l/�J
[ ] Approved
$
[ ]Approved w/
Current FY
conditions
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 01/19/05
[ ] Operating
Paper: Palm Beach Post
[ ] Other
- Florida Statute 101.657
- Florida Statute 100.3605
- Questionnaire from the
Affected parties
Budget Acct. #:
Supervisor of Elections
Departib Dir o
off'
Patricia Snider, City Clerk
Notified
[ ] None
A p owedY—
City Manager
( ] Not required
Date Prepared: December 20, 2004
Meeting Date: January 6, 2005
Ordinance: 5, 2005
BACKGROUND:
The Florida Legislature adopted Chapter 2004 -252, Laws of Florida, which amended Section
101.657, Florida Statutes, providing for early voting.
Section 100.3605 allows the City of Palm Beach Gardens to adopt an ordinance which exempts the
City from the provision of Section 101.657, F.S.
It is in the best interest of the citizens to contract with the Palm Beach County Supervisor of
Elections to conduct early voting for the City of Palm Beach Gardens at the office of the Supervisor
of Elections and at any other early voting sites the Supervisor may establish in locations other than
City Hall.
The staff in the Supervisor of Elections office is experienced and prepared to conduct early voting by
means of absentee ballot or voting equipment at both the main branch in West Palm Beach and at the
satellite location at 3188 P.G.A. Boulevard, Palm Beach Gardens.
Early voting begins on the 15 'h day before an election and ends on the day before an election.
Early voting is provided for at least 8 hours per weekday and 8 hours for each weekend.
The Supervisor of Elections is currently collecting questionnaires from 32 municipalities conducting
March elections (form attached). As in previous elections, the City will appoint the Supervisor of
Elections to represent them for the Logic and Accuracy test and serve as an additional member of our
Canvassing Board. This year they have included the question regarding opting out of early voting. I
anticipate having the total number of participants prior to second reading.
Approximate costs associated with early voting:
Cost to the City if early voting is conducted by the City in City Hall: $13,849.24.
This figure includes salaries for poll workers, training, voting equipment, advertisement, provisional
and absentee ballots and overtime for a police officer.
Cost if we contract with the County to conduct early voting on our behalf: $2,486.00
The City would only be responsible for advertisement, absentee and provisional ballots.
RECOMMENDATION: Staff recommends approval of Ordinance 5, 2005
PALM BEACH COUNTY MUNICIPAL ELECTION DATES — 2005
MUNICIPALITY
ELECTION
DATE
BOOKS
CLOSE
MUNICIPAL
CLERK
PHONE
PALM BEACH
February 8
Janua 10
Ma Pollitt
838 -5416
OCEAN RIDGE
February 8
January 10
Karen Hancsak
732 -2635
JUPITER INLET COLONY
Febtuaryl 5
January 17
Joann Man aniello
746 -3787
MANALAPAN
March 1
January 31
Janice Moore - Scheinich
585 -9477
ATLANTIS
March 8
February 7
Barbara Monticello
965 -1744
BELLE GLADE
March 8
February 7
Debra Buff
996 -0100
BOCA RATON
Marlch 8
February 7
Sharma
Carannante
393 -7744
BRINY BREEZES
March 8
February 7
Rita Taylor
276 -5116
CLOUD LAKE
Ma h 8
February 7
Dorothy Gravelin
683 -8296
DELRAY BEACH
March 8
February 7
Chevelle Nubin
243 -7050
GLEN RIDGE
March
8
February 7
Lee Leffin well
697 -8868
GREENACRES
March 8
February 7
Sondra Hill
642 -2006
GULF
STREAM
Mae
h 8
February 7
Rita Taylor
270 =5116
HAVERHILL
March 8
February 7
Joseph Kroll
689 -0370
HIGHLAND BEACH
Ma ch 8
February 7
Doris
Trinle
278 -4548
HYPOLUXO
March 8
February 7
Barbara Searls Ross
582 -0155
7, V BEACH
Ma
ch 8
February 7
Allison
Jaramillo
626 -1122
JUPITER
March.8
February 7
Sally Bo lan
746 -5134
LAKE CLARKE SHORES
Mach
8
February 7
Jo PI ler
964 -1515
LAKE PARK
March 8
February 7
Stephanie Thomas
881 -3311
LAKE WORTH
Ma
6h 8,
February 7
Pamela Lopez
586 -1662
LANTANA
March 8
February 7
Darla Levy
540 -5016
MANCONIA PARK
Mai
ch `8
Februaryl
Sherry Albu
848-12-15
NORTH PALM BEACH
March 8
Februa 7
Melissa Teal
841 -3355
PAHOKEE
'M
h 8
February 7
Janet Whipple
924 - 5534x28
PALM BCH GARDENS
March 8
February 7
Patricia Snider
799 -4122
PALM'BCH SHORES
March 8
February 7
Carolyn Gan` wer
844 -3457
PALM SPRINGS
March 8
February 7
Irene Burroughs
965- 401OX5084
RIVIERA BEACH
Match _8
February 7
Carrie Ward
845- 4090
ROYAL PALM BEACH
March 8
February 7
Mary Anne Gould
790 -5100
SOUTH BAY
March 8
February 7
Virginia Walker
996 -6751
SOUTH PALM BEACH
March 8
February 7
Eleanor Cahill
588 -8889
TEQUESTA
March 8
February 7
Gwen Carlisle
575 -6244
VILLAGE OF GOLF
March 8
February 7
Carol Marciano
732 -0236
WELLINGTON
March 8
February 7
Awilda Rodriguez
791 -4000
WEST PALM BEACH
March 8
February 7
Theresse du BouchFt
659 -8020
BOYNTON BEACH
Nov. 8
Oct. 10
Janet Prainito
742 -6061
USHAREIEbctlons 2005WunlE1ecDa1es2005.Ooc
Date Prepared: December 20, 2004
1 ORDINANCE 5, 2005
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA RELATED TO ELECTIONS;
6 CREATING A NEW SECTION 26 -23 CODE OF ORDINANCES TO
7 BE ENTITLED "EARLY VOTING EXEMPTION "; PROVIDING FOR
8 CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
9
10
WHEREAS, the Florida Legislature adopted Chapter 2004 -252, Laws of Florida,
which amended Section 101.657, Florida Statutes, providing for early voting; and
WHEREAS, Section 100.3605, Florida Statutes, allows municipalities to adopt
an ordinance which exempts a municipality from any section of the state elections code
unless the section has been made expressly applicable to municipalities; and
WHEREAS, Section 101.657, Florida Statutes, as amended by Chapter 2004-
252, does not state that it expressly applies to municipalities; and
WHEREAS, the City of Palm Beach Gardens has determined that it is in the best
interest of its citizens and residents to adopt an ordinance which exempts municipal
elections from the early voting provisions contained in Section 101.657, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. A new Section 26 -23, Code of Ordinances, to be entitled "Early
Voting Exemption" is created to read as follows:
Sec. 26 -23. Early Voting Exemption.
All municipal elections within the city shall be exempt from the early voting
provisions of Section 101.657, Florida Statutes. Notwithstanding anything to the
contrary contained herein, the City may contract with the Palm Beach County
Supervisor of Elections to provide early voting for the City at the office of the
Supervisor of Elections, or at such other early voting sites the Supervisor may
establish.
SECTION 2. A certified copy of this Ordinance shall be transmitted by the City
Clerk to the Palm Beach County Supervisor of Elections, 240 South Military Trail, West
Palm Beach, Florida 33416 immediately upon its adoption.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
1 PASSED this day of
2
3 PASSED AND ADOPTED this
4 and final reading.
5
6
7 CITY OF PALM BEACH GARDENS
8
9 BY:
10 Eric Jablin, Mayor
11
12
13 Joseph Russo, Vice Mayor
14
15
16 Annie Marie Delgado, Councilmember
17
18
19 David Levy, Councilmember
20
21
22 Hal R. Valeche, Councilmember
23
24
25 ATTEST:
26
27
28 BY:
29 Patricia Snider, City Clerk
30
31
32 APPROVED AS TO FORM AND
33 LEGAL SUFFICIENCY
34
35
36 BY:
37 Christine P. Tatum, City Attorney
38
39
40
41
42
43
44
45
46
47 G:\attorney_share \ORDINANCES \early voting - ord 5 2005.doc
2
Date Prepared: December 20, 2004
Ordinance 5, 2005
2005, upon first reading.
day of , 2005, upon second
FOR AGAINST ABSENT
7
statutes & constitution: view statutes : tisenate.gov
Select Year: 2004
Go
The 2004 Florida Statutes
Title- _I_X Chapter 1.01_ View Entire Chapter
ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE
101.657 Early voting. --
(1)(a) The supervisor of elections shall allow an elector to vote early in the main or branch office
of the supervisor by depositing the voted ballot in a voting device used by the supervisor to collect
or tabulate ballots. In order for a branch office to be used for early voting, it shall be a full - service
facility of the supervisor and shall have been designated as such at least 1 year prior to the
election. The supervisor may designate any city hall or public library as early voting sites; however,
if so designated, the sites must be geographically located so as to provide all voters in the county
an equal opportunity to cast a ballot, insofar as is practicable. The results or tabulation may not be
made before the close of the polls on election day.
(b) Early voting shall begin on the 15th day before an election and end on the day before an
election. For purposes of a special election held pursuant to s. 100._101, early voting shall begin on
the 8th day before an election and end on the day before an election. Early voting shall be
provided for at least 8 hours per weekday during the applicable periods. Early voting shall also be
provided for 8 hours in the aggregate for each weekend during the applicable periods.
(2)(a) The elector must provide identification and must complete an Early Voting Voter Certificate
in substantially the following form:
EARLY VOTING VOTER CERTIFICATE
I, , am a qualified elector in this election and registered voter of County,
Florida. I do solemnly swear or affirm that I am the person so listed on the voter
registration rolls of County and that I reside at the listed address. I understand
that if I commit or attempt to commit fraud in connection with voting, vote a fraudulent
ballot, or vote more than once in an election I could be convicted of a felony of the third
degree and both fined up to $5,000 and imprisoned for up to 5 years. I understand that
my failure to sign this certificate invalidates my ballot.
_(Voter's Signature)
(Address)
_(Cit state
(b) Any elector may challenge an elector seeking to vote early under the provisions of s. 101 A 11,
Any challenged voter must vote a provisional ballot. The canvassing board shall review the ballot
and decide the validity of the ballot by majority vote.
(c) The canvass of returns for ballots cast under this subsection shall be substantially the same as
votes cast by electors in precincts, as provided in s. 101.5614.
rage i or L
http: / /www.flsenate.gov /statutes /index.cfm ?p=2 &mode= View%20Statutes&SubMenu =1 &App_mode =... 12/20/2004
statutes & Lonstitution : view statutes : itsenate.gov
Select Year: 2004
The 2004 Florida Statutes
Title IX
ELECTORS AND
ELECTIONS
Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND
REFERENDUM ELECTIONS
100.3605 Conduct of municipal elections. --
Go
View Entire
Chapter
(1) The Florida Election Code, chapters 97 -106, shall govern the conduct of a municipality's
election in the absence of an applicable special act, charter, or ordinance provision. No charter or
ordinance provision shall be adopted which conflicts with or exempts a municipality from any
provision in the Florida Election Code that expressly applies to municipalities.
(2) The governing body of a municipality may, by ordinance, change the dates for qualifying and
for the election of members of the governing body of the municipality and provide for the orderly
transition of office resulting from such date changes.
History. - -s. 2, ch. 95 -178.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright a 2000 -2004 State of Florida.
rage 1 of 1
http: / /www.fisenate.gov/ statutes /index.cfin ?p=2& mode= View%20Statutes&SubMenu =1 &App mode =... 12/20/2004
<46ofr
yr, x
Palm Beach County
00 2
240 SOUTH MIUTARY TRAIL
WEST PALM BEACH, FL 33415
POST OFRCE ENIX 22309
VVEST PALM BEACH, FL 33416
SuperviGor of Elaobons TELEPHONE (561 ) 656 -6200
FAX NUM6ER: (561 ) 656 -6287
WESSITE: vvvvw.pbcelecUons.orq
QUESTIONNAIRE
PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS
FORM AND A COPY OF THE ACTIONS TAKEN TO APPOINT DR.
ARTHUR ANDERSON TO YOUR MUNICIPAL CANVASSING BOARD.
For your upcoming Municipal Election do you wish to have Dr. Arthur Anderson
represent your Municipal Canvassing Board, as an additional member of your Canvassing
Board, at:
1. The Logic and Accuracy Test on the second Monday prior to Election Day?
YES ✓, NO
2. The canvassing of the Absentee Ballots?
YES ✓ NO
Are you opting out of ewly wjft?
YES ✓ 1 NO
If so, please provide the Supervisor of Elections with a copy of your
Ordinance/Resolution when available.
Signature of Municipal Clerk
6iYj a,F 00.jw' _ aalti Municipality
Io.,. 7, ),'—M �- Date
PLEASE RETURN TO SUPERVISOR OF ELECTIONS IMMEDIATELY
TOTRL P.02
Dec 28 2004 11:29RM CORBETT a WHITE P.R.
Jeb Hash
Governor
November 24, 2004
Sondra K. Hill, CMC
City Clerk
City of_Greenacres
5985 Tenth Avenue North
Greenacres, F133463 -2399
Dear Ms. Hill:
F�%_
STATE OF FLORIDA
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
561 -586 -9611 p.2
Glenda E. Hood
Secretary of State
DEC 0 ? 2004
This is in response to your recent letter regarding early voting requirements and their
applicability to municipal elections.
As you know, the early voting provisions contained in section 101.657, Florida Statutes,
went into effect on July 1, 2004 of this year.
First, the early voting provision does not expressly apply to municipalities. As a result,
pursuant to section 100.3605(1), Florida Statutes, a municipality holding an election may
choose to "opt out' of conducting early voting through a charter or ordinance provision.
Second, if a municipality does not opt out of section 101.657, Florida Statutes, then the
municipality would be subject to all of the requirements associated with early voting,
including the_ filing of security procedures (which pursuant to . section 101.015(4)(c),
Florida Statutes,, are due 45 days prior to the commencement of early voting). However,
a municipality by charter or ordinance can specify their own process and procedure for
the conduct of early voting as it relates to their municipal elections. So as an alternative
to totally opting out, they could create a shorter time period for early voting, etc.
However, for election integrity purposes you would still want to create security
procedures with regard to early voting, but you could specify a different place for them to
be filed.
Finally, although section 101.657, Florida Statutes, does not define the terms "branch
office" or "full service facility of the supervisor," a reading of the section in its entirety
makes it clear that the Legislature was trying to specify that Supervisors could only use
real branch county supervisor of elections offices which had been in existence for some
R.A. Gray Building, Room 316 500 S. Bronough Street • Tallahassee, Florida 32399 -0250 * (850) 245 -6200
FAX: (850) 245 -6217 httpJ/vrww.dos.state.fl.us • E -Mail: DivEWhons®dos.state fl.us
Dec 28 2004 11:29RM CORBETT a WHITE P.R. 561- 586 -9611 p.3
Ms. Sondra K. Hill
November 24, 2004
Page 2
time (ic. the 1 year and full service requirements) and not ones being created solely for
the purpose of conducting early voting.
Please do not hesitate to contact me if I can be of further assistance.
Sincerely,
�I
Sharon D. Larson
Assistant General Counsel
SDUabt
Ubc 28 2004 11:29AM CORBETT a WHITE P.A. 561 - 586 -9611
5988 Tenth Avenue North
Oreenaaes, FL 33463 -2599
�h (561) 642 -2017
l . / (581) 642.2004 Fax'
Email: grpadm®ci.greenaues.N.us
City of Greeawres
Ms. Sharon Larson, Esquire
Department of State
Division of Elections
R. A. Gray Building
500 South Bronough
Tallahassee, FL 32399-0250
November 10, 2004
URGENT RESPONSE :REQUESTED
RE: Early Voting — F.S. 100.3605(1) and F,S. 101,657(1)(a)
Voting Methods and Procedures as it applies to Municipal Elections
Dear Ms. Larson:
p.4
Samuel J. Ferrel
Maya
Wade Atallah
Clly IIAanalpr
During a Florida Association of City Clerks (FACC) Conference, ti'tere was a
presentation given by a County Supervisor of Elections relative to Early Voting
requirements as it applies to municipalities. For municipal elections, the City Clerk is the
Filing Officer for candidates and Is the Municipal Supervisor of Elections.
The County Supervisor of Elections presenter at the FACC conference stated she was
advised by the Florida Division of Elections that, with the enactment of Senate Bills 2346
and 516, the flaws requiring early voting would apply to municipalltles.
(Requirements to include early voting In his/her office at least eight (8) hours per
weekday, beginning fifteen (15) days prior to an election; and also, would have to
include eight (8) hours of voting on two weekends prior to the election. The voting In the
office would have to be done on an specific unit, and the City Clerk would be required to
submit written Security Procedures to the Division prior to beginning the early voting (not
sure of the time frame to submit.)
F.S. Section 100.3605 (1), states:
(1) The Florida Election Code, Chapters 97 --106, shall govern the conduct of a
municipality's election in the absence of an applicable special act, charter, or
ordinance provision. No charter or ordinance provision shall be adopted which
conflicts with or exempts a municipality from any provision the Florida Election
Code that expressly applies to municipalities.
Palm Beach County has thirty -seven (37) municipalities that prepare for and conduct
Municipal Elections, most of them holding their elections in March. The Municipal
Clerks are in the process of preparing for their Municipal Elections now and are
concerned about "how early voting requirements apply to municipalities ". Our county
has very small, medium and large sized municipalities; and therefore, the early voting
legislation brings a variety of questions.
Richard C, Radcliffe Peter A. Noble Charles E. Shaw Theresa L. Whalen Michael V. Mordmer
Cotm1bran Councilman Coundlman Councliwoman Counclman
District t District II District Ill District N Diwict V
Dbc 28 2004 11:29AM CORBETT & WHITE P.R. 561 -586 -9611 P.5
Division of Elections — marly Voting Requirements
Page 2
Therefore, on behalf of the Palm Beach County Municipal Clerks Association and the
City of Greenacres, I respectfully request an offldal response from the Division of
Elections regarding the following early voting legislation:
Question 1.) Are municipalities required to provide early voting for electors prior to a
municipal election; or can the municipality "opt out"?
Question 2.) If a municipality decides to provide early voting, must the municipality fully
comply with the statutory requirements of the Election Code, Including the
provision of providing written "Security Procedures" that must be
submitted to the Division of Elections prior to early voting. What is the
time frame for submittal of Security Procedures? (# --_— days before
early voting.)
F.S. Section 101.657, states:
'In order for a branch office to be used for early voting, it shall be a full -
service facility of the supervisor and shall have been designated as such
at least 1 year prior to the election."
Question 3.) What is the definition of a "branch office" and a "full- service facility of the
supervisor° referenced In this section?
It would be appreciated if you could respond to these questions as soon as possible.
There are many concerns that need to be addressed If early voting Is applicable and
required for municipalities, especially if there is no 'opt out" or `exemption" provision.
Thank you in advance for your assistance and early response.
Sincere ,
ndra K. Hill, CMC
City Clerk
PBC Municipal Clerks Association
Board Member
cc: Wadie Atallah, City Manager
Deborah S. Manzo, Assistant City Manager
CHAPTER 2004 -252
Committee Substitute for Senate Bill Nos. 2346 and 516
An act relating to elections; providing a short title; amending s.
106.011, F.S.; redefining the terms "political committee," "contribu-
tion," "expenditure," "independent expenditure," "communications
media," and "political advertisement "; defining the term "election-
eering communication "; amending s. 106.04, F.S.; modifying contri-
bution reporting requirements for committees of continuous exist-
ence; modifying prohibitions on activities of committees of continu-
ous existence; amending s. 106.071, F.S.; establishing reporting re-
quirements for certain individuals making electioneering communi-
cations; modifying sponsorship disclaimer requirements for
independent expenditures; creating an exemption; deleting a limita-
tion on contributions to fund independent expenditures; amending
s. 106.143, F.S.; modifying sponsorship disclaimer requirements for
political advertisements; amending s. 106.1437, F.S.; creating ex-
emptions to disclaimer requirements for certain public policy adver-
tisements; creating s. 106.1439, F.S.; creating disclaimer require-
ments for electioneering communications; providing penalties; re-
pealing s. 106.148, F.S., relating to sponsorship disclaimer require-
ments for certain computer messages; amending s. 97.021, F.S.;
defining the term "early voting"; amending s. 101.015, F.S.; requir-
ing supervisors of elections to include written procedures for early
voting in their accuracy and security procedures and to submit any
revisions to those security procedures within a specified period be-
fore early voting commences; amending s. 101.5612, F.S.; providing
for testing of tabulating equipment prior to commencement of early
voting and notice thereof; amending s. 101.5613, F.S.; specifying the
person responsible for examination of equipment for purposes of
early voting; amending s. 101.657, F.S.; authorizing and providing
requirements for early voting; providing for designation of certain
facilities as early voting sites; amending s. 106.021, F.S.; providing
exceptions to a prohibition against making certain contributions or
expenditures in connection with a campaign or activities of a politi-
cal committee; authorizing reimbursement of expenses incurred in
connection with a campaign or activities of a political committee;
requiring disclosure of the names and addresses of persons reim-
bursed from a campaign account; providing for retroactive opera-
tion; amending s. 106.023, F.S.; providing that the execution and
filing of the statement of candidate does not in and of itself create
a presumption that a violation of ch. 106 or ch. 104, F.S., is a willful
violation; amending s. 106.04, F.S.; reducing the fine for late filing
of campaign finance reports by committees of continuous existence
for the first 3 days; providing for deposit of fine proceeds into the
General Revenue Fund; amending s. 106.07, F.S.; revising require-
ments for filing campaign reports; revising requirements with re-
spect to timely filing of mailed reports; requiring the reporting of the
primary purposes of certain expenditures made indirectly through
a campaign treasurer for certain goods and services; expanding
grounds for appealing or disputing a fine; requiring the Florida
1
CODING: Words str-iekea are deletions; words underlined are additions.
Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
Elections Commission to consider mitigating and aggravating cir-
cumstances in determining the amount of a fine, if any, to be waived
for late -filed reports; providing for deposit of certain fine proceeds
into the General Revenue Fund; limiting investigation of alleged
late filing violations; providing for electronic filing of reports; allow-
ing electronic receipts to be used as proof of filing; creating s.
106.0705, F.S.; providing for electronic filing of campaign finance
reports; providing standards and guidelines; providing penalties;
providing for adoption of rules; amending s. 106.141, F.S.; increasing
the amount of surplus funds a candidate for the Florida Senate can
turn back to a political party; providing for deposit into the General
Revenue Fund of reimbursed election assessments; amending s.
106.25, F.S.; restricting the alleged violations the commission may
investigate to those specifically contained within a sworn complaint;
providing restrictions on subsequent complaints based on the same
facts or allegations as a prior complaint; authorizing respondents
and complainants and their counsels to attend hearings at which
probable cause is determined; requiring prior notice; permitting a
brief oral statement; specifying bases for determining probable
cause; amending s. 106.265, F.S.; providing liability of complainants
for costs and reasonable attorney's fees under certain circumstances;
providing for civil actions to collect such costs and fees; amending s.
106.29, F.S.; providing that the proceeds of funds assessed against
political parties for the late filing of reports shall be deposited into
the General Revenue Fund; providing for determination of fine for
electronically filed campaign finance reports; providing for sever -
ability; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "Florida Advertising Campaign
Exposure Act."
Section 2. Section 106.011, Florida Statutes, is amended to read:
106.011 Definitions. —As used in this chapter, the following terms have
the following meanings unless the context clearly indicates otherwise:
(1)(a) "Political committee" means:
1. A combination of two or more individuals, or a person other than an
individual, that, in an aggregate amount in excess of $500 during a single
calendar year:
a. Accepts contributions for the purpose of making contributions to any
candidate, political committee, committee of continuous existence, or politi-
cal party;
b. Accepts contributions for the purpose of expressly advocating the elec-
tion or defeat of a candidate or the passage or defeat of an issue;
c. Makes expenditures that expressly advocate the election or defeat of
a candidate or the passage or defeat of an issue; or
2
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
d. Makes contributions to a common fund, other than a joint checking
account between spouses, from which contributions are made to any candi-
date, political committee, committee of continuous existence, or political
party;:
2. The sponsor of a proposed constitutional amendment by initiative who
intends to seek the signatures of registered electors.
(b) Notwithstanding paragraph (a), the following entities are not consid-
ered political committees for purposes of this chapter:
1. Organizations which are certified by the Department of State as com-
mittees of continuous existence pursuant to s. 106.04, national political
parties, and the state and county executive committees of political parties
regulated by chapter 103.
2. Corporations regulated by chapter 607 or chapter 617 or other busi-
ness entities formed for purposes other than to support or oppose issues or
candidates, if their political activities are limited to contributions to candi-
dates, political parties, or political committees or expenditures in support of
or opposition to an issue from corporate or business funds and if no contribu-
tions are received by such corporations or business entities.
3. Organizations whose activities are limited to making expenditures for
electioneering communications or accepting contributions for the purpose of
making electioneering communications: however, such organizations shall
be required to register and report contributions, including those received
tion would be required to register and report with more than one filing
officer, the organization shall register and report solely with the Division of
Elections.
(2) "Committee of continuous existence" means any group, organization,
association, or other such entity which is certified pursuant to the provisions
of s. 106.04.
(3) "Contribution" means:
(a) A gift, subscription, conveyance, deposit, loan, payment, or distribu-
tion of money or anything of value, including contributions in kind having
an attributable monetary value in any form, made for the purpose of influ-
encing the results of an election or making an electioneering communica-
tion.
(b) A transfer of funds between political committees, between committees
of continuous existence, or between a political committee and a committee
of continuous existence.
(c) The payment, by any person other than a candidate or political com-
mittee, of compensation for the personal services of another person which
3
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
are rendered to a candidate or political committee without charge to the
candidate or committee for such services.
(d) The transfer of funds by a campaign treasurer or deputy campaign
treasurer between a primary depository and a separate interest - bearing
account or certificate of deposit, and the term includes any interest earned
on such account or certificate.
Notwithstanding the foregoing meanings of "contribution," the word shall
not be construed to include services, including, but not limited to, legal and
accounting services, provided without compensation by individuals volun-
teering a portion or all of their time on behalf of a candidate or political
committee. This definition shall not be construed to include editorial en-
dorsements.
(4)Lal "Expenditure" means a purchase, payment, distribution, loan, ad-
vance, transfer of funds by a campaign treasurer or deputy campaign treas-
urer between a primary depository and a separate interest - bearing account
or certificate of deposit, or gift of money or anything of value made for the
purpose of influencing the results of an election or making an electioneering
communication. However, "expenditure" does not include a purchase, pay-
ment, distribution, loan, advance, or gift of money or anything of value made
for the purpose of influencing the results of an election when made by an
organization, in existence prior to the time during which a candidate quali-
fies or an issue is placed on the ballot for that election, for the purpose of
printing or distributing such organization's newsletter, containing a state-
ment by such organization in support of or opposition to a candidate or issue,
which newsletter is distributed only to members of such organization.
(b) As used in this chapter, an "expenditure" for an electioneering com-
munication is made when the earliest of the following occurs:
1. A person executes a contract for applicable goods or services:
2. A person makes payment, in whole or in part, for applicable goods or
services: or
3. The electioneering communication is Dubliclv disseminated.
(5)(a) "Independent expenditure" means an expenditure by a person for
the purpose of expressly advocating the election or defeat of a candidate or
the approval or rejection of an issue, which expenditure is not controlled by,
coordinated with, or made upon consultation with, any candidate, political
committee, or agent of such candidate or committee. An expenditure for such
purpose by a person having a contract with the candidate, political commit-
tee, or agent of such candidate or committee in a given election period shall
not be deemed an independent expenditure.
(b) An expenditure for the purpose of expressly advocating the election
or defeat of a candidate which is made by the national, state, or county
executive committee of a political party, including any subordinate commit-
tee of a national, state, or county committee of a political party, or by any
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
political committee or committee of continuous existence, or any other per-
son, shall not be considered an independent expenditure if the committee or
person:
1. Communicates with the candidate, the candidate's campaign, or an
agent of the candidate acting on behalf of the candidate, including any
pollster, media consultant, advertising agency, vendor, advisor, or staff
member, concerning the preparation of, use of, or payment for, the specific
expenditure or advertising campaign at issue; or
2. Makes a payment in cooperation, consultation, or concert with, at the
request or suggestion of, or pursuant to any general or particular under-
standing with the candidate, the candidate's campaign, a political commit-
tee supporting the candidate, or an agent of the candidate relating to the
specific expenditure or advertising campaign at issue; or
3. Makes a payment for the dissemination, distribution, or republication,
in whole or in part, of any broadcast or any written, graphic, or other form
of campaign material prepared by the candidate, the candidate's campaign,
or an agent of the candidate, including any pollster, media consultant, ad-
vertising agency, vendor, advisor, or staff member; or
4. Makes a payment based on information about the candidate's plans,
projects, or needs communicated to a member of the committee or person by
the candidate or an agent of the candidate, provided the committee or person
uses the information in any way, in whole or in part, either directly or
indirectly, to design, prepare, or pay for the specific expenditure or advertis-
ing campaign at issue; or
5. After the last day of qualifying for statewide or legislative office, con-
sults about the candidate's plans, projects, or needs in connection with the
candidate's pursuit of election to office and the information is used in any
way to plan, create, design, or prepare an independent expenditure or adver-
tising campaign, with:
a. Any officer, director, employee, or agent of a national, state, or county
executive committee of a political party that has made or intends to make
expenditures in connection with or contributions to the candidate; or
b. Any person whose professional services have been retained by a na-
tional, state, or county executive committee of a political party that has
made or intends to make expenditures in connection with or contributions
to the candidate; or
6. After the last day of qualifying for statewide or legislative office, re-
tains the professional services of any person also providing those services to
the candidate in connection with the candidate's pursuit of election to office;
or
7. Arranges, coordinates, or directs the expenditure, in any way, with the
candidate or an agent of the candidate.
(6) "Election" means any primary election, special primary election, gen-
eral election, special election, or municipal election held in this state for the
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
purpose of nominating or electing candidates to public office, choosing dele-
gates to the national nominating conventions of political parties, or submit-
ting an issue to the electors for their approval or rejection.
(7) "Issue" means any proposition which is required by the State Consti-
tution, by law or resolution of the Legislature, or by the charter, ordinance,
or resolution of any political subdivision of this state to be submitted to the
electors for their approval or rejection at an election, or any proposition for
which a petition is circulated in order to have such proposition placed on the
ballot at any election.
(8) "Person" means an individual or a corporation, association, firm, part-
nership, joint venture, joint stock company, club, organization, estate, trust,
business trust, syndicate, or other combination of individuals having collec-
tive capacity. The term includes a political party, political committee, or
committee of continuous existence.
(9) "Campaign treasurer" means an individual appointed by a candidate
or political committee as provided in this chapter.
(10) "Public office" means any state, county, municipal, or school or other
district office or position which is filled by vote of the electors.
(11) "Campaign fund raiser" means any affair held to raise funds to be
used in a campaign for public office.
(12) "Division" means the Division of Elections of the Department of
State.
(13) "Communications media" means broadcasting stations, newspapers,
magazines, outdoor advertising facilities, printers, direct mailing compa-
nies, advertising agencies, the Internet, and telephone companies; but with
respect to telephones, an expenditure shall be deemed to be an expenditure
for the use of communications media only if made for the costs of telephones,
paid telephonists, or automatic telephone equipment to be used by a candi-
date or a political committee to communicate with potential voters but
excluding any costs of telephones incurred by a volunteer for use of tele-
phones by such volunteer; however, with respect to the Internet, an expendi-
ture shall be deemed an expenditure for use of communications media only
if made for the cost of creatina or disseminating a message on a computer
information system accessible by more than one person but excluding inter-
nal communications of a campaign or of any group.
(14) "Filing officer" means the person before whom a candidate qualifies,
the agency or officer with whom a political committee registers, or the
agency by whom a committee of continuous existence is certified.
(15) "Unopposed candidate" means a candidate for nomination or elec-
tion to an office who, after the last day on which any person, including a
write -in candidate, may qualify, is without opposition in the election at
which the office is to be filled or who is without such opposition after such
date as a result of any primary election or of withdrawal by other candidates
seeking the same office. A candidate is not an unopposed candidate if there
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
is a vacancy to be filled under s. 100.111(4), if there is a legal proceeding
pending regarding the right to a ballot position for the office sought by the
candidate, or if the candidate is seeking retention as a justice or judge.
(16) "Candidate" means any person to whom any one or more of the
following apply:
(a) Any person who seeks to qualify for nomination or election by means
of the petitioning process.
(b) Any person who seeks to qualify for election as a write -in candidate.
(c) Any person who receives contributions or makes expenditures, or
consents for any other person to receive contributions or make expenditures,
with a view to bring about his or her nomination or election to, or retention
in, public office.
(d) Any person who appoints a treasurer and designates a primary depos-
itory.
(e) Any person who files qualification papers and subscribes to a candi-
date's oath as required by law.
However, this definition does not include any candidate for a political party
executive committee.
(17) "Political advertisement" means a paid expression in any communi-
cations media prescribed in subsection (13), whether radio, television, news-
paper, magazine, periodical, campaign literature, direct mail, or display or
by means other than the spoken word in direct conversation, which ex-
tical advertisement does not include:
(a) A statement by an organization, in existence prior to the time during
which a candidate qualifies or an issue is placed on the ballot for that
election, in support of or opposition to a candidate or issue, in that organiza-
tion's newsletter, which newsletter is distributed only to the members of
that organization.
(b) Editorial endorsements by any newspaper, radio or television station,
or other recognized news medium.
passage or defeat of an issue.
2. For communications referring to or depicting a clearly identified candi-
date for office, is taraeted to the relevant electorate. A communication is
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
considered targeted if 1,000 or more persons in the geographic area the
candidate would represent if elected will receive the communication.
3. For communications referring to or depicting a clearly identified candi-
date for office, is published after the end of the candidate qualifying period
for the office sought by the candidate.
4. For communications containing a clear reference indicating that an
issue is to be voted on at an election, is published after the issue is desilz-
nated a ballot position or 120 days before the date of the election on the
issue, whichever occurs first.
(b) The term "electioneering communication" does not include:
1. A statement or depiction by an organization, in existence prior to the
time during which a candidate named or depicted qualifies or an issue
identified is placed on the ballot for that election, made in that organiza-
tion's newsletter, which newsletter is distributed only to members of that
organization.
2. An editorial endorsement, news story, commentary, or editorial by any
newspaper, radio, television station, or other recognized news medium.
3. A communication that constitutes a public debate or forum that in-
cludes at least two opposing candidates for an office or one advocate and one
opponent of an issue, or that solely promotes such a debate or forum and is
made by or on behalf of the person sponsoring the debate or forum, provided
that:
a. The staging organization is either:
(I) A charitable organization that does not make other electioneering
communications and does not otherwise support or oppose any political
candidate or political party,
(II) A newspaper, radio station, television station, or other recognized
news medium: and
b. The staging organization does not structure the debate to promote or
advance one candidate or issue position over another.
(c) For purposes of this chapter, an expenditure made for, or in further-
ance of, an electioneering communication shall not be considered a contribu-
tion to or on behalf of any candidate.
(d) For purposes of this chapter, an electioneering communication shall
not constitute an independent expenditure nor be subject to the limitations_
applicable to independent expenditures.
Section 3. Subsections (4) and (5) of section 106.04, Florida Statutes, are
amended to read:
106.04 Committees of continuous existence.—
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
(4)(a) Each committee of continuous existence shall file an annual report
with the Division of Elections during the month of January. Such annual
reports shall contain the same information and shall be accompanied by the
same materials as original applications filed pursuant to subsection (2).
However, the charter or bylaws need not be filed if the annual report is
accompanied by a sworn statement by the chair that no changes have been
made to such charter or bylaws since the last filing.
(b)1. Each committee of continuous existence shall file regular reports
with the Division of Elections at the same times and subject to the same
filing conditions as are established by s. 106.07(1) and (2) for candidates'
reports.
2. Any committee of continuous existence failing to so file a report with
the Division of Elections pursuant to this paragraph on the designated due
date shall be subject to a fine for late filing as provided by this section.
(c) All committees of continuous existence shall file the original and one
copy of their reports with the Division of Elections. In addition, a duplicate
copy of each report shall be filed with the supervisor of elections in the
county in which the committee maintains its books and records, except that
if the filing officer to whom the committee is required to report is located in
the same county as the supervisor no such duplicate report is required to be
filed with the supervisor. Reports shall be on forms provided by the division
and shall contain the following information:
1. The full name, address, and occupation of each person who has made
one or more contributions, including contributions that represent the pay-
ment of membership dues, to the committee during the reporting period,
together with the amounts and dates of such contributions. For corpora-
tions, the report must provide as clear a description as practicable of the
principal type of business conducted by the corporation. However, if the
contribution is $100 or less, the occupation of the contributor or principal
type of business need not be listed. However, for any contributions that
oriel} represent the payment of dues by members in a fixed amount a e-
gatina no more than $250 per calendar year, pursuant to the schedule on file
with the Division of Elections, only the aggregate amount of such contribu-
tions need be listed, together with the number of members paying such dues
and the amount of the membership dues.
2. The name and address of each political committee or committee of
continuous existence from which the reporting committee received, or the
name and address of each political committee, committee of continuous
existence, or political party to which it made, any transfer of funds, together
with the amounts and dates of all transfers.
3. Any other receipt of funds not listed pursuant to subparagraph 1. or
subparagraph 2., including the sources and amounts of all such funds.
4. The name and address of, and office sought by, each candidate to
whom the committee has made a contribution during the reporting period,
together with the amount and date of each contribution.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
5. The full name and address of each person to whom expenditures have
been made by or on behalf of the committee within the reporting_ period: the
amount, date, and purpose of each such expenditure, and the name and
address, and office sought by, each candidate on whose behalf such expendi-
ture was made.
6. The total sum of expenditures made by the committee during the
reporting period.
(d) The treasurer of each committee shall certify as to the correctness of
each report and shall bear the responsibility for its accuracy and veracity.
Any treasurer who willfully certifies to the correctness of a report while
knowing that such report is incorrect, false, or incomplete commits a misde-
meanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(5) No committee of continuous existence shall make an electioneering
communication, contribute to any candidate or political committee an
amount in excess of the limits contained in s. 106.08(1), or participate in any
ether- activity which is prohibited by this chapter. If any violation occurs, it
shall be punishable as provided in this chapter for the given offense. No
funds of a committee of continuous existence shall be expended on behalf of
a candidate, except by means of a contribution made through the duly
appointed campaign treasurer of a candidate. No such committee shall make
expenditures in support of, or in opposition to, an issue unless such commit-
tee first registers as a political committee pursuant to this chapter and
undertakes all the practices and procedures required thereof; provided such
committee may make contributions in a total amount not to exceed 25
percent of its aggregate income, as reflected in the annual report filed for
the previous year, to one or more political committees registered pursuant
to s. 106.03 and formed to support or oppose issues.
Section 4. Section 106.071, Florida Statutes, is amended to read:
106.071 Independent expenditures; electioneering communications: re-
ports; disclaimers. —
(1) Each person who makes an independent expenditure with respect to
any candidate or issue, and each individual who makes an expenditure for
an electioneering communication which is not otherwise reported pursuant
to this chapter, which expenditure, in the aggregate, is in the amount of
$100 or more, shall file periodic reports of such expenditures in the same
manner, at the same time, subject to the same penalties, and with the same
officer as a political committee supporting or opposing such candidate or
issue. The report shall contain the full name and address of the - person
making the expenditure: the full name and address of each person to whom
and for whom each such expenditure has been made; the amount, date, and
purpose of each such expenditure; a description of the services or goods
obtained by each such expenditure; the issue to which the expenditure
relates: and the name and address of, and office sought by, each candidate
on whose behalf such expenditure was made.
10
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
Any political advertisement paid for by an independent expenditure
shall prominently state "Paid political advertisement paid for by ...(Name
and address of person er ciammittee paying for advertisement)... indepen-
dently of any ...(candidate or committee)..._ ;" and s
hall exintain the name and
(3) Subsection (2) does not apply to novelty items having a retail value
of $10 or less which support, but do not oppose, a candidate or issue.
LIJQ Any person who fails to include the disclaimer prescribed in sub-
section (2) (4} in any political advertisement that wieh is required to con-
tain such disclaimer commits is guilty 9 a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
Section 5. Subsection (1) of section 106.143, Florida Statutes, is amended
to read:
106.143 Political advertisements circulated prior to election; require -
ments.—
(b) Any other political advertisement pub-
lished, displayed, or circulated prior to, or on the day of, any election must
prominently shall:
1.W Be marked "paid political advertisement" or with the abbreviation
"pd. pol. adv."
2. State the name and address of the persons sponsoring the advertise-
ment.
(b) identify the per-so ations sponsoring the advertisement
3.a.(I)(G -.^p. State whether the advertisement and the cost of production
is paid for or provided in kind by or at the expense of the entity publishing,
displaying, broadcasting, or circulating the political advertisement; or
II b State who provided or paid for the advertisement and cost of pro-
duction, if different from the source of sponsorship.
b.2 This subparagraph does �" not apply if the source of
the sponsorship is patently clear from the content or format of the political
advertisement
This subsection does not apply to campaign messages used by a candidate
and the candidate's supporters if those messages are designed to be worn by
a person.
11
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
Section 6. Section 106.1437, Florida Statutes, is amended to read:
106.1437 Miscellaneous advertisements. —Any advertisement, other
than a political advertisement, independent expenditure, or electioneering
communication, on billboards, bumper stickers, radio, or television, or in a
newspaper, a magazine, or a periodical, intended to influence public policy
or the vote of a public official, shall clearly designate the sponsor of such
advertisement by including a clearly readable statement of sponsorship. If
the advertisement is broadcast on television, the advertisement shall also
contain a verbal statement of sponsorship. This section shall not apply to an
editorial endorsement.
Section 7. Section 106.1439, Florida Statutes, is created to read:
106.1439 Electioneering communications; disclaimers. —
(1) Any electioneering communication shall prominently state, "Paid
electioneering communication paid for by ...(Name and address of person
paying for the communication)...."
(2) Any person who fails to include the disclaimer prescribed in this
section in any electioneering communication that is required to contain such
disclaimer commits a misdemeanor of the first degree, punishable as pro-
vided in s. 775.082 or s. 775.083.
Section 8. Section 106.148, Florida Statutes, is repealed.
Section 9. Subsections (7) through (38) are renumbered as subsections (8)
through (39), respectively, and a new subsection (8) is added to said section
to read:
97.021 Definitions. —For the purposes of this code, except where the con-
text clearly indicates otherwise, the term:
Section 10. Paragraphs (b) and (c) of subsection (4) of section 101.015,
Florida Statutes, are amended to read:
101.015 Standards for voting systems. —
(4)
(b) Each supervisor of elections shall establish written procedures to
assure accuracy and security in his or her county, including_ procedures
related to early voting pursuant to s. 101.657. aPA Such procedures shall be
reviewed in each odd - numbered year by the Department of State.
(c) Each supervisor of elections shall submit any revisions to the security
procedures to the Department of State at least 45 days before early voting
commences pursuant to s. 101.657 in an the firms election in which they are
to take effect.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
Section 11. Subsection (2) of section 101.5612, Florida Statutes, is
amended to read:
101.5612 Testing of tabulating equipment.—
(2) On any day not more than 10 days prior to the commencement of early
votina as provided ins. 101.657 electien�, the supervisor of elections shall
have the automatic tabulating equipment publicly tested to ascertain that
the equipment will correctly count the votes cast for all offices and on all
measures. Public notice of the time and place of the test shall be given at
least 48 hours prior thereto by publication once in one or more newspapers
of general circulation in the county or, if there is no newspaper of general
circulation in the county, by posting the su-4h notice in at least four conspicu-
ous places in the county. The supervisor or the municipal elections official
may, at the time of qualifying, give written notice of the time and location
of the suGh public preelection test to each candidate qualifying with that
office and obtain a signed receipt that the s notice has been given. The
Department of State shall give written notice to each statewide candidate
at the time of qualifying, or immediately at the end of qualifying, that the
voting equipment will be tested and advise each sash candidate to contact
the county supervisor of elections as to the time and location of the public
preelection test. The supervisor or the municipal elections official shall, at
least 15 days prior to the commencement of earring as provided in s.
101.657 an elee ion, send written notice by certified mail to the county party
chair of each political party and to all candidates for other than statewide
office whose names appear on the ballot in the county and who did not
receive written notification from the supervisor or municipal elections offi-
cial at the time of qualifying, stating the time and location of the public
preelection test of the automatic tabulating equipment. The canvassing
board shall convene, and each member of the canvassing board shall certify
to the accuracy of the test. For the test, the canvassing board may designate
one member to represent it. The test shall be open to representatives of the
political parties, the press, and the public. Each political party may desig-
nate one person with expertise in the computer field who shall be allowed
in the central counting room when all tests are being conducted and when
the official votes are being counted. The Such designee shall not interfere
with the normal operation of the canvassing board.
Section 12. Section 101.5613, Florida Statutes, is amended to read:
101.5613 Examination of equipment during voting. —A member of the
election board or, for purposes of early voting_ pursuant to s. 101.657, a
representative of the supervisor of elections, shall occasionally examine the
face of the voting device and the ballot information to determine that the
device and the ballot information have not been damaged or tampered with.
Section 13. Section 101.657, Florida Statutes, is amended to read:
101.657 Early voting .—
(1) Any qualified and registered el@Gtor- may pi6k up and ;x9te an -Ab- se-atee
ballot in per-se;; at the effise of-, and under- the supenxisien of-, the supef-Aser-
13
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
1 a (2) As An alto,.„ ,tiye to the prwxisiens of ss 101 aA And i ni .65 The
supervisor of elections shall may allow an elector to vote early east an
-abse-n-tee ballet in the main or branch office of the supervisor by depositing
the voted ballot in a voting device used by the supervisor to collect or
tabulate ballots. In order for a branch office to be used for early voting, it
practicable. The results or tabulation may not be made before the close of
the polls on election day.
applicable periods.
(2)(a) The elector must provide identification as r-equir-ed in subseetien
(4) and must complete an Early Voting In -Offise Voter Certificate in sub-
stantially the following form:
EARLY VOTING IN nn�12E VOTER CERTIFICATE
I, ...., am a qualified elector in this election and registered voter of ....
County, Florida. I do solemnly swear or affirm that I am the person so listed
on the voter registration rolls of .... County and that I reside at the listed
address. I understand that if I commit or attempt to commit fraud in connec-
tion with voting, vote a fraudulent ballot, or vote more than once in an
election I could be convicted of a felony of the third degree and both fined
up to $5,000 and imprisoned for up to 5 years. I understand that my failure
to sign this certificate and have my signatur-e witnessed invalidates my
ballot.
.(Voter's Signature)...
.(Address)...
14
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.• ON 9 =311
ON Mwrn�rsw
Tff
1 a (2) As An alto,.„ ,tiye to the prwxisiens of ss 101 aA And i ni .65 The
supervisor of elections shall may allow an elector to vote early east an
-abse-n-tee ballet in the main or branch office of the supervisor by depositing
the voted ballot in a voting device used by the supervisor to collect or
tabulate ballots. In order for a branch office to be used for early voting, it
practicable. The results or tabulation may not be made before the close of
the polls on election day.
applicable periods.
(2)(a) The elector must provide identification as r-equir-ed in subseetien
(4) and must complete an Early Voting In -Offise Voter Certificate in sub-
stantially the following form:
EARLY VOTING IN nn�12E VOTER CERTIFICATE
I, ...., am a qualified elector in this election and registered voter of ....
County, Florida. I do solemnly swear or affirm that I am the person so listed
on the voter registration rolls of .... County and that I reside at the listed
address. I understand that if I commit or attempt to commit fraud in connec-
tion with voting, vote a fraudulent ballot, or vote more than once in an
election I could be convicted of a felony of the third degree and both fined
up to $5,000 and imprisoned for up to 5 years. I understand that my failure
to sign this certificate and have my signatur-e witnessed invalidates my
ballot.
.(Voter's Signature)...
.(Address)...
14
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
...(City /State)...
(b) Any elector may challenge an elector seeking to vote early east an
under the provisions of s. 101.111. Any challenged voter
hallet must vote be - placed i a provisional re^ a tee ballot exyelepe.
The canvassing board shall review the ballot and decide the validity of the
ballot by majority vote.
(c) The canvass of returns for ballots cast under this subsection shall be
substantially the same as votes cast by electors in precincts, as provided in
s. 101.5614.
Section 14. Effective July 1, 2004, and operating retroactively to January
1, 2002, subsection (3) of section 106.021, Florida Statutes, is amended to
read:
106.021 Campaign treasurers; deputies; primary and secondary deposi-
tories. —
(3) , No contribution or expenditure,
including contributions or expenditures of a candidate or of the candidate's
family, shall be directly or indirectly made or received in furtherance of the
candidacy of any person for nomination or election to political office in the
state or on behalf of any political committee except through the duly ap-
pointed campaign treasurer of the candidate or political committee, subject
to the following exceptions:;- hewever;
(a) Independent expenditures;
(b) Reimbursements to a candidate or any other individual may im
burrsed• for expenses incurred in connection with the campaign or activities
of the political committee f r travel, food- ",,,a h-o „e-r-a a "ffi”" supplies, and
by a check drawn
upon the campaign account and reported pursuant to s. 106.07(4). After July
1, 2004, the full name and address of each person to whom the candidate or
(d) in addition, Expenditures may be made directly by any political com-
mittee or political party regulated by chapter 103 for obtaining time, space,
or services in or by any communications medium for the purpose of jointly
endorsing three or more candidates, and any such expenditure shall not be
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
considered a contribution or expenditure to or on behalf of any such candi-
dates for the purposes of this chapter.
Section 15. Section 106.023, Florida Statutes, is amended to read:
106.023 Statement of candidate.—
(1) Each candidate must file a statement with the qualifying officer
within 10 days after filing the appointment of campaign treasurer and
designation of campaign depository, stating that the candidate has read and
understands the requirements of this chapter. Such statement shall be
provided by the filing officer and shall be in substantially the following form:
STATEMENT OF CANDIDATE
I, ...., candidate for the office of ...., have received, read, and understand
the requirements of Chapter 106, Florida Statutes.
...(Signature of candidate) ... ...(Date)...
Willful failure to file this form is a violation of ss. 106.19(1)(c) and 106.25(3),
F.S.
(2) The execution and filing of the statement of candidate does not in and
of itself create a presumption that any violation of this chapter or chapter
104 is a willful violation as defined in s. 106.37.
Section 16. Paragraph (a) of subsection (8) of section 106.04, Florida
Statutes, is amended to read:
106.04 Committees of continuous existence. —
(8)(a) Any committee of continuous existence failing to file a report on the
designated due date shall be subject to a fine. The fine shall be $50 per day
for the first 3 days late and. thereafter, $500 per day for each late day, not
to exceed 25 percent of the total receipts or expenditures, whichever is
greater, for the period covered by the late report. The fine shall be assessed
by the filing officer, and the moneys collected shall be deposited in the
General Revenue Fund. No separate fine shall
be assessed for failure to file a copy of any report required by this section.
Section 17. Paragraph (a) of subsection (2), paragraph (a) of subsection
(4), and paragraphs (a), (c), and (d) of subsection (8) of section 106.07, Florida
Statutes, are amended to read:
106.07 Reports; certification and filing. —
(2)(a) All reports required of a candidate by this section shall be filed with
the officer before whom the candidate is required by law to qualify. All
candidates who file with the Department of State shall file the original and
one copy of their reports. In addition, a copy of each report for candidates
for other than statewide office who qualify with the Department of State
shall be filed with the supervisor of elections in the county where the candi-
date resides. Reports shall be filed not later than 5 p.m. of the day desig-
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
nated; however, any report postmarked by the United States Postal Service
no later than midnight of the day designated shall be deemed to have been
filed in a timely manner. Anv report received by the filing officer within 5
indicates that the report was mailed after the designated due date. A certifi-
cate of mailing obtained from and dated by the United States Postal Service
at the time of mailing, or a receipt from an established courier company,
which bears a date on or before the date on which the report is due, shall
be proof of mailing in a timely manner. Reports shall contain information
of all previously unreported contributions received and expenditures made
as of the preceding Friday, except that the report filed on the Friday immedi-
ately preceding the election shall contain information of all previously unre-
ported contributions received and expenditures made as of the day preced-
ing that designated due date. All such reports shall be open to public inspec-
tion.
(4)(a) Each report required by this section shall contain:
1. The full name, address, and occupation, if any of each person who has
made one or more contributions to or for such committee or candidate within
the reporting period, together with the amount and date of such contribu-
tions. For corporations, the report must provide as clear a description as
practicable of the principal type of business conducted by the corporation.
However, if the contribution is $100 or less or is from a relative, as defined
in s. 112.312, provided that the relationship is reported, the occupation of
the contributor or the principal type of business need not be listed.
2. The name and address of each political committee from which the
reporting committee or the candidate received, or to which the reporting
committee or candidate made, any transfer of funds, together with the
amounts and dates of all transfers.
3. Each loan for campaign purposes to or from any person or political
committee within the reporting period, together with the full names, ad-
dresses, and occupations, and principal places of business, if any, of the
lender and endorsers, if any, and the date and amount of such loans.
4. A statement of each contribution, rebate, refund, or other receipt not
otherwise listed under subparagraphs 1. through 3.
5. The total sums of all loans, in -kind contributions, and other receipts
by or for such committee or candidate during the reporting period. The
reporting forms shall be designed to elicit separate totals for in -kind contri-
butions, loans, and other receipts.
6. The full name and address of each person to whom expenditures have
been made by or on behalf of the committee or candidate within the report-
ing period; the amount, date, and purpose of each such expenditure; and the
name and address of, and office sought by, each candidate on whose behalf
such expenditure was made. However, expenditures made from the petty
cash fund provided by s. 106.12 need not be reported individually.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
7. The full name and address of each person to whom an expenditure for
personal services, salary, or reimbursement for authorized expenses as pro-
vided in s. 106.021(3) has been made and which is not otherwise reported,
including the amount, date, and purpose of such expenditure. However,
expenditures made from the petty cash fund provided for in s. 106.12 need
not be reported individually.
8. The total amount withdrawn and the total amount spent for petty cash
purposes pursuant to this chapter during the reporting period.
9. The total sum of expenditures made by such committee or candidate
during the reporting period.
10. The amount and nature of debts and obligations owed by or to the
committee or candidate, which relate to the conduct of any political cam-
paign.
11. A copy of each credit card statement which shall be included in the
next report following receipt thereof by the candidate or political committee.
Receipts for each credit card purchase shall be retained by the treasurer
with the records for the campaign account.
12. The amount and nature of any separate interest - bearing accounts or
certificates of deposit and identification of the financial institution in which
such accounts or certificates of deposit are located.
13. The primary purposes of an expenditure made indirectly through a
campaign treasurer pursuant to s. 106.021(3) for goods and services such as
(8)(a) Any candidate or political committee failing to file a report on the
designated due date shall be subject to a fine as provided in paragraph (b)
for each late day, and, in the case of a candidate, such fine shall be paid only
from personal funds of the candidate. The fine shall be assessed by the filing
officer and the moneys collected shall be deposited:
1. In the General Revenue Fund, in the case
of a candidate for state office or a political committee that registers with the
Division of Elections; or
2. In the general revenue fund of the political subdivision, in the case of
a candidate for an office of a political subdivision or a political committee
that registers with an officer of a political subdivision.
No separate fine shall be assessed for failure to file a copy of any report
required by this section.
(c) Any candidate or chair of a political committee may appeal or dispute
the fine, based upon, but not limited to, unusual circumstances surrounding
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
the failure to file on the designated due date, and may request and shall be
entitled to a hearing before the Florida Elections Commission, which shall
have the authority to waive the fine in whole or in part. The Florida Elec-
if any, to be waived. Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the candidate or chair of
the political committee shall, within the 20 -day period, notify the filing
officer in writing of his or her intention to bring the matter before the
commission.
(d) The appropriate filing officer shall notify the Florida Elections Com-
mission of the repeated late filing by a candidate or political committee, the
failure of a candidate or political committee to file a report after notice, or
the failure to ,pay the fine imposed. The commission shall investigate only
Section 18. Effective January 1, 2005, paragraph (a) of subsection (2) of
section 106.07, Florida Statutes, as amended by this act, and paragraph (b)
of subsection (2), subsection (3), and paragraph (b) of subsection (8) of said
section, are amended to read:
106.07 Reports; certification and filing.—
(2)(a) All reports required of a candidate by this section shall be filed with
the officer before whom the candidate is required by law to qualify. All
candidates who file with the Department of State shall file the eFigiaal and
one Gopy of their reports pursuant to s. 106.0705. In addition, a copy of each
report for candidates for other than statewide office who qualify with the
Department of State shall be filed with the supervisor of elections in the
county where the candidate resides. Except as provided in s. 106.0705,
reports shall be filed not later than 5 p.m. of the day designated; however,
any report postmarked by the United States Postal Service no later than
midnight of the day designated shall be deemed to have been filed in a timely
manner. Any report received by the filing officer within 5 days after the
designated due date that was delivered by the United States Postal Service
shall be deemed timely filed unless it has a postmark that indicates that the
report was mailed after the designated due date. A certificate of mailing
obtained from and dated by the United States Postal Service at the time of
mailing, or a receipt from an established courier company, which bears a
date on or before the date on which the report is due, shall be proof of mailing
in a timely manner. Reports shall contain information of all previously
unreported contributions received and expenditures made as of the preced-
ing Friday, except that the report filed on the Friday immediately preceding
the election shall contain information of all previously unreported contribu-
tions received and expenditures made as of the day preceding that desig-
nated due date. All such reports shall be open to public inspection.
(b)1. Any report which is deemed to be incomplete by the officer with
whom the candidate qualifies shall be accepted on a conditional basis, and
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
the campaign treasurer shall be notified by registered mail as to why the
report is incomplete and be given 3 days from receipt of such notice to file
an addendum to the report providing all information necessary to complete
the report in compliance with this section. Failure to file a complete report
after such notice constitutes a violation of this chapter.
2. In lieu of the notice by registered mail as required in subparagraph 1.,
the qualifying officer may notify the campaign treasurer by telephone that
the report is incomplete and request the information necessary to complete
the report. If, however, such information is not received by the qualifying
officer within 3 days after of the telephone request therefor, notice shall be
sent by registered mail as provided in subparagraph 1.
(3) Reports required of a political committee shall be filed with the
agency or officer before whom such committee registers pursuant to s.
106.03(3) and shall be subject to the same filing conditions as established
for candidates' reports.
state Shall file the eFiginal and , eepy of th ,;,.reports. Incomplete reports
by political committees shall be treated in the manner provided for incom-
plete reports by candidates in subsection (2).
(8)
(b) Upon determining that a report is late, the filing officer shall immedi-
ately notify the candidate or chair of the political committee as to the failure
to file a report by the designated due date and that a fine is being assessed
for each late day. The fine shall be $50 per day for the first 3 days late and,
thereafter, $500 per day for each late day, not to exceed 25 percent of the
total receipts or expenditures, whichever is greater, for the period covered
by the late report. However, for the reports immediately preceding each
primary and general election, the fine shall be $500 per day for each late
day, not to exceed 25 percent of the total receipts or expenditures, whichever
is greater, for the period covered by the late report. For reports required
under s. 106.141(7), the fine is $50 per day for each late day, not to exceed
25 percent of the total receipts or expenditures, whichever is greater, for the
period covered by the late report. Upon receipt of the report, the filing officer
shall determine the amount of the fine which is due and shall notify the
candidate or chair. The filing officer shall determine the amount of the fine
due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier company is dated.
5. When the electronic receipt issued pursuant to s. 106.0705 is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the
notice of payment due, unless appeal is made to the Florida Elections Com-
mission pursuant to paragraph (c). In the case of a candidate, such fine shall
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
not be an allowable campaign expenditure and shall be paid only from
personal funds of the candidate. An officer or member of a political commit-
tee shall not be personally liable for such fine.
Section 19. Effective January 1, 2005, section 106.0705, Florida Statutes,
is created to read:
106.0705 Electronic filing of campaign treasurer's reports. —
(1) As used in this section, "electronic filing system" means an Internet
system for recording and reporting campaign finance activity by reporting
period.
(b) Each political committee, committee of continuous existence, or state
(c) Each person or organization that is required to file reports with the
division under s. 106.071 must file such reports with the division by means
of the division's electronic filings system.
(5) The electronic filing system developed by the division must:
(a) Be based on access by means of the Internet.
(b) Be accessible by anyone with Internet access using standard web -
browsing software.
(c) Provide for direct entry of campaign finance information as well as
upload of such information from campaign finance software certified by the
division.
(d) Provide a method that prevents unauthorized access to electronic
filing system functions.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
(a) Alternate filing procedures in case the division's electronic filing sys-
tem is not operable.
(b) For the issuance of an electronic receipt to the person submitting the
report indicating and verif ijng that the report has been filed.
Section 20. Paragraph (a) of subsection (4) and subsection (6) of section
106.141, Florida Statutes, are amended to read:
106.141 Disposition of surplus funds by candidates. —
(4)(a) Except as provided in paragraph (b), any candidate required to
dispose of funds pursuant to this section shall, at the option of the candidate,
dispose of such funds by any of the following means, or any combination
thereof:
1. Return pro rata to each contributor the funds that have not been spent
or obligated.
2. Donate the funds that have not been spent or obligated to a charitable
organization or organizations that meet the qualifications of s. 501(c)(3) of
the Internal Revenue Code.
3. Give not more than $10,000 of the funds that have not been spent or
obligated to the political party of which such candidate is a member, except
4. Give the funds that have not been spent or obligated:
a. In the case of a candidate for state office, to the state, to be deposited
in either the Election Campaign Financing Trust Fund or the General Reve-
nue Fund, as designated by the candidate; or
b. In the case of a candidate for an office of a political subdivision, to such
political subdivision, to be deposited in the general fund thereof.
(6) Prior to disposing of funds pursuant to subsection (4) or transferring
funds into an office account pursuant to subsection (5), any candidate who
filed an oath stating that he or she was unable to pay the election assess-
ment or fee for verification of petition signatures without imposing an undue
burden on his or her personal resources or on resources otherwise available
to him or her, or who filed both such oaths, or who qualified by the alterna-
tive method and was not required to pay an election assessment, shall
reimburse the state or local governmental entity, whichever is applicable,
for such waived assessment or fee or both. Such reimbursement shall be
made first for the cost of petition verification and then, if funds are remain-
ing, for the amount of the election assessment. If there are insufficient funds
in the account to pay the full amount of either the assessment or the fee or
both, the remaining funds shall be disbursed in the above manner until no
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
funds remain. All funds disbursed pursuant to this subsection shall be
remitted to the qualifying officer. Any reimbursement for petition verifica-
tion costs which are reimbursable by the state shall be forwarded by the
qualifying officer to the state for deposit in the General Revenue Fund. All
reimbursements for the amount of the election assessment shall be for-
warded by the qualifying officer to the Department of State for deposit in
the General Revenue Fund.
Section 21. Subsections (2) and (4) of section 106.25, Florida Statutes, are
amended to read:
106.25 Reports of alleged violations to Florida Elections Commission;
disposition of findings.—
(2) The commission shall investigate all violations of this chapter and
chapter 104, but only after having received either a sworn complaint or
information reported to it under this subsection by the Division of Elections.
Any person, other than the division, having information of any violation of
this chapter or chapter 104 shall file a sworn complaint with the commis-
tions that were raised or could have been raised in the first complaint. Such
sworn complaint shall state whether a complaint of the same violation has
been made to any state attorney. Within 5 days after receipt of a sworn
complaint, the commission shall transmit a copy of the complaint to the
alleged violator. All sworn complaints alleging violations of the Florida
Election Code over which the commission has jurisdiction shall be filed with
the commission within 2 years after of the alleged violations. The period of
limitations is tolled on the day a sworn complaint is filed with the commis-
sion.
(4) The commission shall undertake a preliminary investigation to deter-
mine if the facts alleged in a sworn complaint or a matter initiated by the
division constitute probable cause to believe that a violation has occurred.
The respondent, the complainant, and their respective counsels shall be
permitted to attend the hearing at which the probable cause determination
is made. Notice of the hearing shall be sent to the respondent and the
determination. The commission's determination shall be based upon the
at the hearing. Upon completion of the preliminary investigation, the com-
mission shall, by written report, find probable cause or no probable cause
to believe that this chapter or chapter 104 has been violated.
(a) If no probable cause is found, the commission shall dismiss the case
and the case shall become a matter of public record, except as otherwise
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
provided in this section, together with a written statement of the findings
of the preliminary investigation and a summary of the facts which the
commission shall send to the complainant and the alleged violator.
(b) If probable cause is found, the commission shall so notify the com-
plainant and the alleged violator in writing. All documents made or received
in the disposition of the complaint shall become public records upon a find-
ing by the commission.
In a case where probable cause is found, the commission shall make a
preliminary determination to consider the matter or to refer the matter to
the state attorney for the judicial circuit in which the alleged violation
occurred.
Section 22. Subsection (5) is added to section 106.265, Florida Statutes,
to read:
106.265 Civil penalties.
shall bring a civil action in a court of competent jurisdiction to recover the
amount of such costs and fees awarded by the commission.
Section 23. Paragraph (a) of subsection (3) of section 106.29, Florida
Statutes, is amended to read:
106.29 Reports by political parties; restrictions on contributions and ex-
penditures; penalties. —
(3)(a) Any state or county executive committee failing to file a report on
the designated due date shall be subject to a fine as provided in paragraph
(b) for each late day. The fine shall be assessed by the filing officer, and the
moneys collected shall be deposited in the General Revenue Elestiens Cep -
Fund.
Section 24. Effective January 1, 2005, paragraph (b) of subsection (3) of
section 106.29, Florida Statutes, is amended to read:
106.29 Reports by political parties; restrictions on contributions and ex-
penditures; penalties. —
(3)
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
(b) Upon determining that a report is late, the filing officer shall immedi-
ately notify the chair of the executive committee as to the failure to file a
report by the designated due date and that a fine is being assessed for each
late day. The fine shall be $1,000 for a state executive committee, and $50
for a county executive committee, per day for each late day, not to exceed
25 percent of the total receipts or expenditures, whichever is greater, for the
period covered by the late report. However, if an executive committee fails
to file a report on the Friday immediately preceding the general election, the
fine shall be $10,000 per day for each day a state executive committee is late
and $500 per day for each day a county executive committee is late. Upon
receipt of the report, the filing officer shall determine the amount of the fine
which is due and shall notify the chair. The filing officer shall determine the
amount of the fine due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier company is dated.
5. When the electronic receipt issued pursuant to s. 106.0705 is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the
notice of payment due, unless appeal is made to the Florida Elections Com-
mission pursuant to paragraph (c). An officer or member of an executive
committee shall not be personally liable for such fine.
Section 26. Except as otherwise provided herein, this act shall take effect
July 1, 2004.
Approved by the Governor May 26, 2004.
Filed in Office Secretary of State May 26, 2004.
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City of Palm Beach Gardens
Sra,,.tecQ ; ?
' Mayor Jablin
Council Agenda
January 20, 2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Vice Mayor Russo
— Council Member Delgado
- Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
January 20, 2005
7:00 P.M.
✓ I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
`IV. ANNOUNCEMENTS / PRESENTATIONS:
/ V. ITEMS OF RESIDENT INTEREST:
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:
p _ a. Approve Minutes from the December 2, 2004 regular City Council meeting.
Q�s
b. Approve Minutes from the December 16, 2004 regular City Council meeting.
C. Resolution 5, 2005 - Honda Classic Public Safety Grant. A Resolution of the City
Council of the City Of Palm Beach Gardens, Florida approving a $45,000.00
grant to the Classic Foundation, Inc. for the sole purpose of hiring off -duty City
Police Officers and Fire Department personnel to provide Security and
Emergency Medical Services to implement the Public Safety Pan for the Honda
Classic Golf Tournament; and providing an effective date.
d. Resolution 6, 2005 - Approve an amendment to the Highway Beautification and
Maintenance Memorandum of Agreement. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida authorizing the execution of Amendment
No.2 to the maintenance Memorandum of Agreement with the Florida
Department of Transportation for PGA Boulevard and State Road Al A; and
providing an effective date.
e. Resolution 21, 2005 — Northern Palm Beach County Improvement District
Emergency Operation Center. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida supporting Northern Palm Beach County
Improvement District's request for state funding to build its new Emergency
Operating Center to be located in Palm Beach Gardens; and providing an effective
date.
f. Proclamation — Arbor Day
IX. PUBLIC HEARINGS:
Part I — Ouasi- iudicial
Part H — Non Ouasi-iudicial
a. Ordinance 36, 2004 — (2 "d reading and adoption) Northlake Blvd. Properties —
a Annexation. An Ordinance of the City Council of the City of Palm Beach
�S; t Gardens, Florida, annexing, pursuant to a petition for voluntary annexation, a
parcel of real property comprising a total of 61.9 acres, more or less, located on
the North side of Northlake Boulevard approximately one -half (0.5) mile west of
the intersection of Northlake Boulevard and Coconut Boulevard, in Palm Beach
County, Florida, which is more particularly described herein; declaring that the
voluntary annexation petition bears the signature of the owner of the real property
annexed hereby; amending article II of the City Charter by redefining the
corporate limits; and providing an effective date.
b. Ordinance 46, 2004 - (2 "d reading and adoption) Firefighters' Pension Plan. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
�"j relating to the Firefighters' Pension Plan; amending Section 38 -69, Code of
6-0 Ordinances, entitled "exemption from execution, non - assignability," to comply
with chapter 2004 -21, laws of Florida, to provide that retirees may authorize
direct third -party payments as a deduction from net benefits for specific purposes;
providing for codification; and providing an effective date.
X. RESOLUTIONS•
a. Resolution 11, 2005 — Approving a Site Plan Amendment to the Northcorp
P�I Planned Community Development (PCD). A Resolution of the City Council of
�`- the City of Palm Beach Gardens, Florida approving a Site Plan Amendment to
5.0 allow for a 17,270 square foot building on Lot 2 for the 7.0 -acre site which
comprises Lots 1 and 2 of the Northcorp Planned Community Development
(PCD), generally located at the Southwest corner of the intersection of Riverside
Drive and Northcorp Parkway, as more particularly described herein; providing
for waivers; providing for conditions; and providing an effective date.
b. Resolution 22, 2005 — A contract award for the construction of three traffic signal
installations. A Resolution of the City Council of the City of Palm Beach
�aS Gardens, Florida approving a contract award to Signal Group Inc. for the
construction of two (2) temporary and one (1) permanent traffic signal
installations, in an amount not to exceed $ 300,000.00 via an existing contract
with the St. Lucie County Board of County Commissioners for the following
locations: State Road 786 (PGA Boulevard) at Avenue of Champions/Jog Road,
State Road 786 (PGA Boulevard) at Ryder Cup Boulevard, and Burns Road at
Allamanda Drive; authorizing the Mayor and the City Clerk to execute said
agreement; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
a. Ordinance 5, 2005 — Exempting the City of Palm Beach Gardens from the early
n� S voting provision. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida related to elections; creating a new section 26 -23 Code of
Ordinances to be entitled "Early Voting Exemption"; providing for codification;
and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 28626, 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 -8770 (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
NOTE
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
E
City of Palm Beach Gardens
Mayor Jablin
Council Agenda
January 20, 2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Vice Mayor Russo
Dls G v S.S ��GMs
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Council Member Delgado
Council Member Levy
Council Member Valeche
I
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
January 20, 2005
7:00 P.M.
,I! PLEDGE OF ALLEGIANCE
ROLL CALL
,Ut: ADDITIONS, DELETIONS, MODIFICATIONS:
—:— ANNOUNCEMENTS / PRESENTATIONS:
-y+-
ITEMS OF RESIDENT INTEREST:
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. (Page 5 Approve Minutes from the December 2, 2004 regular City Council
0 meeting.
b. (Page 12 Approve Minutes from the December 16, 2004 regular City Council
meeting.
C. (Staff Report on Pafje 18, Resolution on Pafye 20) Resolution 5, 2005 - Honda
Classic Public Safety Grant. A Resolution of the City Council of the City Of Palm
Beach Gardens, Florida approving a $45,000.00 grant to the Classic Foundation,
Inc. for the sole purpose of hiring off -duty City Police Officers and Fire
Department personnel to provide Security and Emergency Medical Services to
implement the Public Safety Pan for the Honda Classic Golf Tournament; and
providing an effective date.
i
d. (Staff Report on PaLe 22z Resohitioii (in Pa =e 24 ) Resolution 6, 2005 - Approve
an amendment to the Highway Beautification and Maintenance Memorandum of
Agreement. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing the execution of Amendment No.2 to the maintenance
Memorandum of Agreement with the Florida Department of Transportation for
PGA Boulevard and State Road A 1 A; and providing an effective date.
e. (Staff Report on Pale 41, Resolution on Page 43) Resolution 21, 2005 —
Northern Palm Beach County Improvement District Emergency Operation Center.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
supporting Northern Palm Beach County Improvement District's request for state
funding to build its new Emergency Operating Center to be located in Palm Beach
Gardens; and providing an effective date.
f. (Pa ye 46 Proclamation — Arbor Day
IX. PUBLIC HEARINGS:
Part I — Quasi- iudicial
Part II — Non OuasiJudicial
:S-— a. (Staff Report on Page 47, Ordinance on Page 54) Ordinance 36, 2004 — (2 ',d
of the City Council of the City of Palm Beach Gardens, Florida annexing,
pursuant to a petition for voluntary annexation, a parcel of real property
comprising a total of 61.9 acres, more or less, located on the North side of
Northlake Boulevard approximately one -half (0.5) mile west of the intersection of
Northlake Boulevard and Coconut Boulevard, in Palm Beach County, Florida,
which is more particularly described herein; declaring that the voluntary
annexation petition bears the signature of the owner of the real property annexed
hereby; amending article 11 of the City Charter by redefining the corporate limits;
and providing an effective date.
b. (Staff Report on Page 63, Ordinance on Page 65) Ordinance 46, 2004 - (2nd
0-C _— reading and adoption) Firefighters' Pension Plan. An Ordinance of the City
a 'dS Council of the City of Palm Beach Gardens, Florida relating to the Firefighters'
Pension Plan; amending Section 38 -69, Code of Ordinances, entitled "exemption
from execution, non - assignability," to comply with chapter 2004 -21, laws of
Florida, to provide that retirees may authorize direct third -party payments as a
deduction from net benefits for specific purposes; providing for codification; and
providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 69, Ucsohj1iori on Page 75 Resolution 11, 2005 —
Approving a Site Plan Amendment to the Northcorp Planned Community
Development (PCD). A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a Site Plan Amendment to allow for a 17,270 square
S_G foot building on Lot 2 for the 7.0 -acre site which comprises Lots 1 and 2 of the
Northcorp Planned Community Development (PCD), generally located at the
Southwest corner of the intersection of Riverside Drive and Northcorp Parkway,
as more particularly described herein; providing for waivers; providing for
conditions; and providing an effective date.
b. (Staff Report on Page 105, Re%oliition on Page 107) Resolution 22, 2005 — A
contract award for the construction of three traffic signal installations. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a contract award to Signal Group Inc. for the construction of two (2)
33 temporary and one (1) permanent traffic signal installations, in an amount not to
exceed $ 300,000.00 via an existing contract with the St. Lucie County Board of
C) County Commissioners for the following locations: State Road 786 (PGA
Boulevard) at Avenue of Champions /Jog Road, State Road 786 (PGA Boulevard)
at Ryder Cup Boulevard, and Burns Road at Allamanda Drive; authorizing the
Mayor and the City Clerk to execute said agreement; and providing an effective
date.
XI. ORDINANCES: (For Consideration on First Reading)
,a. (Staff Report on Page 177, Ordinance on Page 1.80) Ordinance 5, 2005 —
0- Exempting the City of Palm Beach Gardens from the early voting provision. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida related
-57-0 to elections; creating a new section 26 -23 Code of Ordinances to be entitled
"Early Voting Exemption "; providing for codification; and providing an effective
date. 0
Allis
XII. ITEMS FOR COUNCIL ACTIONlDISCUSSION:
XIII. CITY ATTORNEY REPORT: ! /� 15�e�Jhc�
XIV. ADJOURNMENT 4c,TI/ 67q;
i
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons wi
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 -8770 (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.
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Please Print
Name:
Address:
V
City:
Subject:��
COMMENTS FROM THE PUBLIC
Request to Address City Council
CC VJoL
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Address:
City:
Subject: S
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: ell,,'D kAraAa-
Address:367 p Ol i o f -S -'�
City:
Subject:
11 l v
76 as
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Opened:
N
Staff Report on Rate 63. Ordinance
65LOrd=nce 416, 2004 - reaftg and
adoption) Fire�g ers' Peau;ioH fan. An
Ordinance of the ,�y Council of the Cry of Palm
Beach Gardens,' Florida relating to the
Firefighters' Pension Plan; amending Seer 3a-
69, Code of Ordinances, entitled "otemption,two
execution, non - assignability," to coapply with
chapter 2004 -21, laws of Florida, to provide that
retirees may authorise direct dm+d-Varty payments
as a deduction From net beoefik Jb r specific
purposes,; providing for codif caI"- and
providing an effective date.
t
i
'X5
Staff Report 7 rM
541-Ordinance 36,
2004 — ( � >
adoption) No
Blvd. Praoesties --
Annexation An Or
nonce of the City Council 6f
.:,
the City of Palm
Beach Gardens, Florida.w
annexing, pursuant
to a petition for voh
annexation, a pardel
of real property conipcising a
total of 61.9 acrd,
more or less, located on the
North side of Noro"
Boulevard appt+a dine zly
one-half (0.5) mile
west of the of
Northb" Boulevard
and Coconut Bouleiard, in
Palm Beach Comfy,
Florida, which, is more
particularly described
herein; declaim dint the
voluntary annexation
petition bears the urc
of the owner of the
red °property annexed hereby;
amending article ii H of the City Charter by
redefining the cot porate limits; and providing an
effective date.
Staff Report on Rate 63. Ordinance
65LOrd=nce 416, 2004 - reaftg and
adoption) Fire�g ers' Peau;ioH fan. An
Ordinance of the ,�y Council of the Cry of Palm
Beach Gardens,' Florida relating to the
Firefighters' Pension Plan; amending Seer 3a-
69, Code of Ordinances, entitled "otemption,two
execution, non - assignability," to coapply with
chapter 2004 -21, laws of Florida, to provide that
retirees may authorise direct dm+d-Varty payments
as a deduction From net beoefik Jb r specific
purposes,; providing for codif caI"- and
providing an effective date.
t
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day was first observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce oxygen and provide habitat for wildlifo; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other wood products; and
WHEREAS, trees in our Ci~ increase property values, enhance the economic
vitality of business areas, anal beautify our Community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I, Eric Jab/in, by virtue of the authority vested in me
as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
January 21, 2005 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands,· and further, I urge all citizens to
plant trees to gladden the heart and promote the well-being of this and future
generations.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Palm Beach Gardens, Florida, to be ajfzxed on this 2o"' day of January in the Year
Two Thousand and five.
Attest:
~
Patricia Snider, City Clerk