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HomeMy WebLinkAboutAgenda Council Agenda 020305City of Palm Beach Gardens Council Agenda February 3, 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 February 3, 2005 7:00 P.M. L PLEDGE OF ALLEGIANCE IL ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: a. Economic Development Incentive and Scripps Update 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 January 6, 2005 regular City Council meeting. b. (Staff Report on Page 9, Resolution on Page 11) Resolution 20, 2005 — Appoint Dr. Arthur Anderson, Supervisor of Elections to City Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Supervisor of Elections to the City's Canvassing Board and authorizing the Supervisor of Elections to act on the City behalf, authorizing the City Clerk to appoint elections officials for the purpose of conducting the municipal election; and providing an effective date. C. (Staff Report on Page 14, Resolution on Page 16) Resolution 24, 2005 - Palm Beach County Law Enforcement Agencies Mutual Aid Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; authorizing the Police Chief to execute additional agreements to effectuate the mutual aid agreement; and providing an effective date. d. (Staff Report on Page 31) Consider approval of Change Order No. 2 with Total Maintenance Building Services, Inc. for landscape debris removal services at the City's Golf Course. IX. PUBLIC HEARINGS: Part I — Quasi - iudicial a. (Staff Report on Page 37, Resolution on Page 41) Resolution 13, 2005 - Bombay Sign Waivers at Parcel 27.05/.06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving three waivers from City Code section 78 -285, Permitted Signs, to allow for the installation of additional signs for retail building 2 at parcel 27.05/.06, located within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for a condition of approval; and providing an effective date. Part II — Non Quasi - iudicial a. (Staff Report on Page 51, Ordinance on Page 86) Ordinance 5, 2005 — Exempting the City of Palm Beach Gardens from the early voting provision. (2nd Reading and Adoption) 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. X. RESOLUTIONS: a. (Staff Report on Page 88, Resolution on Page 90) Resolution 14, 2005 — Approve the purchase of 6 column vehicle lifts. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of six (6) column lifts from Gray Automotive via GSA Contract number GS- 07F- 6098P; and providing an effective date. b. (Staff Report on Page 94, Resolution on Page 96) Resolution 25, 2005 — Command Post Vehicle Subgrant Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Police Chief to execute a Subgrant Agreement with the Sheriff of Broward County for funding for a command post vehicle; and providing an effective date. XL ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT 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 hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 - 955 -8771 (TDD) or 800 -955 -8770 (VOICE). 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 January 6, 2005 The January 6, 2005 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. A moment of silence was observed for the Tsunami victims in Southeast Asia. Vice Mayor Russo recommended that a brick in the courtyard be dedicated in memory of this tragedy. Mayor Jablin acknowledged the passing of George Wackenhut, with condolences to his family. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin announced that a copy of the staff report and the resolution, Resolution 17, 2005 -PGA Commons Plat 4, had been provided to each member of the Council. Resolution 10, 2005 — Borland Center for Community Enrichment had been deleted. Postponement of Resolution 227, 2004 — Borland Center Plat, had been requested by the applicant which staff recommended be indefinite until the applicant had addressed all issues, and residents would be notified when this would be on the agenda. The applicant for Ordinance 49, 2004 — Northlake Boulevard Properties Comp Plan Amendment, and Ordinance 50, 2004 — Northlake Boulevard Properties Text Change requested postponement until an unspecified date. Councilmember Delgado made a motion to accept the additions, deletions, and modifications as presented. Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Contractual agreement for services provided by the City of Palm Beach Gardens to the PBGYAA, the City's youth sports program. Charlotte Presensky, Community Services Department, presented the agreement. Tory Buckley, Executive Board President of PBGYAA, thanked the City for their support. Mayor Jablin thanked Mr. Buckley for his volunteer services. Cheerleading - Provide an update from the cheerleaders re _ ar�din _ their performance at the Pop Warner Little Scholars National Cheerleading competition. Athletic Superintendent Justin Lucas thanked the volunteer coaches and reported both cheerleading groups had won first place in the conference, first in the state, and third nationally, and both presented a cheer for the City Council. A photograph was taken of the cheerleaders with the City Council. Volunteer cheerleader coordinators and the cheerleaders from Palm Beach Gardens High School were thanked for their help. ITEMS OF RESIDENT INTEREST: Councilmember Delgado wished everyone a happy new year. Councilmember Levy reported the Lake Catherine Sports Complex concession building and the MacArthur Boulevard beautification project had been completed under budget and on time, and congratulated those who had contributed to this accomplishment. Todd Engle reported approximately $85,000 had been saved on these projects. Vice Mayor Russo asked if the City could help the traffic situation on the turnpike, which was due to construction. The City Manager indicated he would make contacts to try to help the situation. Councilmember Valeche reported he had CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/6/05 2 spent an afternoon with the Fire Department, and commented on the great job they were doing. Mayor Jablin reported on contacts he had made regarding the turnpike traffic situation and regarding the traffic lights at Mirasol Walk. Vice Mayor Russo reported he had been told by Mr. Perner he would be happy to pay for a traffic light. Mayor Jablin reported he had been quoted in the newspaper that he had suggested the flyover bridge be named, but that had come from Ed Oliver and the staff of Oliver Glidden who suggested the name Bridge of Palms. Vice Mayor Russo clarified that beautification of the flyover had not cost the City anything, but had been funded by the business community. CONSENT AGENDA: Councilmember Delgado moved approval of the consent agenda. Councilmember Levy seconded the motion. Vice Mayor Russo clarified that neither of the Mirasol parcels were owned by his client Mr. Sabatello. Motion carried 5 -0. The following items were approved on consent agenda: a. Resolution 1, 2005 - Mirasol Parcel Twenty -Five Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Mirasol Parcel Twenty -Five Plat; and providing an effective date. b. Resolution 2, 2005 - Mirasol Parcel Seventeen Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Mirasol Parcel Seventeen Plat; and providing an effective date. C. Resolution 3, 2005 - Northlake Square East (Target) Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Northlake Square East Plat; and providing an effective date. d. Resolution 4, 2005 — Gardens Medical Park Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Gardens Medical Park Plat; and providing an effective date. e. Resolution 12, 2005 - Contractual agreement for the services to be provided by City of Palm Beach Gardens to the PBGYAA the City's youth sports program provider. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for services between the City of Palm Beach Gardens and Palm Beach Gardens Youth Athletic Association, Inc.; and providing an effective date. f. Proclamation — Florida Jewish History Month. PUBLIC HEARINGS: Part I — Quasi Mayor Jablin announced the procedure for quasi-judicial cases. The City Clerk swore in all those intending to testify in any of tonight's quasi-judicial cases. Ordinance 39, 2004 — Paloma (Parcel 31B) — rezoning from PDA (Planned Development Area) To PUD (Planned Unit Development) (underlying Residential Low). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 156.46 acres, more or less, located South of Hood Road, West of Military Trail, East of Central Boulevard, parcel 31.04 (MXD), and Interstate Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as described more particularly herein, from Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with an underlying zoning of Residential Low (RL -3) to be known as Paloma; revising the Zoning District Map; and providing an effective date — presented for second reading and adoption. Resolution 196, 2004 — Paloma (Parcel 31 B) — rezoning from PDA (Planned Development Area) to PUD (Planned Unit Development) (underlying Residential Low). A Resolution of the City Council of the City of Palm Beach CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/6/05 3 Gardens, Florida approving the master development plan for the Paloma Planned Unit Development (PUD), generally located South of Hood Road, West of Military Trail, East of Central Boulevard, parcel 31.04 (MXD), and Interstate Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as described more particularly herein, to allow for 199 single - family dwelling units, 196 multi - family dwelling units and accessory structures / uses; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 39, and Resolution 196, 2004 by title only. The Mayor declared the public hearing open and called for any ex -parte communication. Councilmember Delgado reported she had met with staff. Councilmember Levy reported he spoke with Anne Booth. Vice Mayor Russo met with Mr. Gary to see the new elevations. Mayor Jablin also met with Mr. Gary a couple of times to see revisions to the elevations. Senior Planner Kara Irwin presented the staff report. Anne Booth spoke on behalf of the petitioner. Ms. Booth requested that Condition 27 regarding signage be deleted, to which staff agreed. Carolyn Chaplik, 715 Hudson Bay Drive, requested residents of The Isles be protected in traffic and safety issues; and that Paloma share in maintenance of the roadway median. Discussion ensued regarding funding for a traffic light. Linda Monroe, 619 Hudson Bay Drive, suggested any member of the public could be provided just the portion of the staff report they needed rather than the whole CD, suggested an aerator for the lake, and requested a procedure be created to work quickly regarding median and roadway landscape maintenance. Staff explained that buildout date and extensions were defined through a separate ordinance. Ms. Monroe's concern was to assure the traffic light went in. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy moved to adopt Ordinance 39, 2004 on second reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Levy moved adoption of Resolution 196, 2004 striking condition 27. Councilmember Levy encouraged the applicant to install an aerator in the lake. The applicant agreed. Councilmember Levy withdrew his motion. Councilmember Levy moved adoption of Resolution 196, 2004, striking condition 27, and adding a condition to require aeration in the drainage retention pond. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Part II — Non Quasi 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 — for consideration of second reading and adoption. The City Clerk read Ordinance 48, 2004 by title only. Delores Key, Economic Development and Marketing Administrator, presented the staff report. Council expressed desire to open the expedited permitting for businesses that did not necessarily qualify under the proposed requirements. Mayor Jablin declared the public hearing open. Joan Elias, 1009 Diamond Head Way, expressed her opinion it was good that the City was working hard to get industry into the City. John Chaplik, 715 Hudson Bay Drive, asked the reason for having clusters, to which the response was that these established baselines, and they could be expanded. Value added employment criteria at the county and state level, and alternative sources of education were discussed. Greg Fagan, 2137 Milano Court, stressed the importance of creating jobs and of the public perception of this area by companies seeking to locate. Bob Fink, 145 Vintage Isles, commented targeting companies was necessary so they would know the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/6/05 4 was interested in them coming here. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Valeche made a motion to approve Ordinance 48, 2004 on second reading by title only, Vice Mayor Russo seconded the motion, which carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT: City Attorney Christine Tatum reported a motion to intervene would be filed this week in the litigation Council had authorized at their last meeting, making the City a party. The City Attorney reported when she last checked there were approximately 10 cities in the litigation, and she would provide an update at the next meeting. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:38 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 Agenda Cover Memorandum Date Prepared: January 7, 2005 Meeting Date: February 3, 2005 Resolution: 20, 2005 Subject/Agenda Item: Appoint Dr. Arthur Anderson, Supervisor of Elections, as an additional member to the City's Canvassing Board�to be present at the Logic and Accuracy Tests and to oversee and canvass the absentee ballots for the Municipal Election held March 8, 2005. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by. Originating Dept.: City Costs: S Council Action: Clerk (Total) City Attorney [ ] Approved $ Current FY [ ]Approved w/ conditions [ ] Denied Finance: Funding Source: [ J Continued to: Advertised: Attachments: Date: [ ] Operating Paper. [ X ] Other Questionnaire from the Supervisor of Elections. Submitted by: [ X J Not Required O Department Director Affected parties [ ]Notified Budget Acct. #: [ ] None Approved b . _ �j �Ju(J� -r-n- OY1Q- City Manager [ X ] Not required Date Prepared: January 7, 2005 Meeting Date: February 3, 2005 Resolution: 20, 2005 • BACKGROUND: In accordance with Section 26 -2 of the City of Palm Beach Gardens Code of Ordinances, the City Clerk may delegate any or all of the responsibilities for administering the election to the Supervisor of Elections subject to approval of the City Council. STAFF RECOMMENDATION: Staff recommends approval of Resolution 20, 2005. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 19, 2005 RESOLUTION 20, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS TO THE CITY'S CANVASSING BOARD AND AUTHORIZING THE SUPERVISOR OF ELECTIONS TO ACT ON THE CITY'S BEHALF; AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE PURPOSE OF CONDUCTING THE MUNICIPAL ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 26 -2 of the City Code of Ordinances, the City Clerk is charged with overseeing City elections; and WHEREAS, subject to City Council approval, Section 26 -2 of the City Code authorizes the City Clerk to delegate any or all of the responsibility for administering the election to the Supervisor of Elections; and WHEREAS, the City has, in the past, delegated certain responsibilities to the Supervisor of Elections, including, but not limited to, those relating to the Logic and Accuracy Tests and absentee ballots; and WHEREAS, the City Council has determined the delegation of such functions to the Supervisor of Elections to be in the best interest of the citizens and residents of the City of Palm Beach Gardens, Florida; 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 hereby appoints Dr. Arthur Anderson, Supervisor of Elections, to the City's Canvassing Board and authorizes Dr. Arthur Anderson to act on the City's behalf with respect to the March 8, 2005, municipal election. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ffig Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COU NCI LMEMBER DELGADO COUNCILMEMBER LEVY COUNCILMEMBER VALECHE Date Prepared: January 19, 2005 Resolution 20, 2005 day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA in Eric Jablin, Mayor AYE NAY ABSENT G: \attorney share \RESOLUTIONS \appointing supv of elections - reso 20 2005.doc JHN -07 16:47 PBC SLM OF ELECTIONS P. w 4t OP Palm Beach County 244 SOVrH MILITARY TRAIL WEST PALM 9EAd -i. FL 33415 POST SCE EUX 22309 VVFBT PALM E EACH. FL 33416 SuPervklor of Se000ns I LEPHCOME: (361) 656 -6200 FAX NUMBER: (561) 856 -6287 WEBSPPE; %MAwPbC6kwUom.org QUE, STI„Q NACRE PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM A&Q 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. Tlw Logic and Accuracy Test on the second Monday prior to Election Day? YES V, NO I The canvassing of the Abarntee Ballots? YES NO Are.tm apdxt sat of dw& vvft? YES ✓ NO If so, please provide the Supervisor of Sections with a copy of your Ordinam mA esolution when available. — Signature of Municipal Cleric E i Yl w- ram aA 6LA, Municipality TOTAL P.02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 13, 2005 Meeting Date: February 3, 2005 Resolution 24, 2005 SubjectlAgenda Item: Authorizing the Mayor and City Clerk to Execute the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; Authorizing the Police Chief to Execute Additional Agreements to Effectuate the Mutual Aid Agreement; and Providing an Effective Date. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0.00 Council Action: Police Department (Total) City Attorney [ ] Approved $ 0.00 [ ]Approved w/ conditions Current FY [ ] Denied Finance Dir or �.. /I dvertised: Funding Source: ( ] Continued to: C Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 24, 2005 • Mutual Aid Agmt. No cost Submitted by: [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by- p�Z�� s City Manager [ x ] Not required Date Prepared: January 13, 2005 Meeting Date: February 3, 2005 Resolution 24, 2005 BACKGROUND: This is a renewal of a four -year agreement for mutual aid among all the Palm Beach County law enforcement agencies. Municipal law enforcement agencies in Palm Beach County may receive and extend mutual aid in the form of law enforcement services and resources to respond to emergency situations as defined under Section 252.34, Florida Statutes, and continuing multi - jurisdictional problems. In order for a municipal police officer to exercise arrest power or authority to act as a police officer in another jurisdiction other than that in which he is employed, an agreement must be entered into. This agreement permits voluntary cooperation and assistance of a routine law enforcement nature and provides for rendering of assistance in a law enforcement emergency under the Florida Mutual Aid Act. STAFF RECOMMENDATION: Staff recommends approval of Resolution 24, 2005 authorizing Council to approve this Countywide Law Enforcement Mutual Aid Agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 13, 2005 RESOLUTION 24, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING EXECUTION OF THE PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES MUTUAL AID AGREEMENT; AUTHORIZING THE POLICE CHIEF TO EXECUTE ADDITIONAL AGREEMENTS TO EFFECTUATE THE MUTUAL AID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 23.1225, Florida Statutes, known as the "Florida Mutual Aid Act," authorizes local governments to enter into a combined mutual aid agreement for law enforcement services; and WHEREAS, the City of Palm Beach Gardens entered into a Mutual Aid Agreement in 2001, which Agreement will expire in 2005; and WHEREAS, it is in the best interest of the residents and citizens of the City of Palm Beach Gardens to enter into a new Mutual Aid Agreement; and WHEREAS, such Mutual Aid Agreement has been prepared is attached hereto. 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 hereby accepts and approves the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement and hereby authorizes the Mayor, City Manager, and Police Chief to execute the Agreement. SECTION 3. The City Council hereby authorizes the Police Chief to enter into such other agreements as are necessary to effectuate the terms and provisions of the Mutual Aid Agreement. SECTION 4. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this ATTEST: N Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AN Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY COUNCILMEMBER VALECHE Date Prepared: January 13, 2005 Resolution 24, 2005 day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT \\ pbgsfile\Attorney \attorney_share \RESOLUTIONS \mutal aid agreement - reso 24 2005.doc 2 PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment /, which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes, and (2) Continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man -made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. 'SECTION 11: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and /or voluntarily render routine law enforcement assistance to the other, to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motorvehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, inter- agency task forces and /or joint investigations, and coverage for overtime details. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set for6above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or his /her authorized designee whose assistance is sought shall evaluate the situation and his /her available resources and will respond in a manner he /she deerhs appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his /her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority maybe granted either verbally or in',writing as the particular situation dictates. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should enforcement action betaken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow -up written report documenting the event and the actions taken. Should a sworn law enforcement officer (officer) be in another subscribed agency's jurisdiction and Violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he /she shall be empowered to exercise authority as a law enforcement officer as if the officer was in his /her own jurisdiction. Should enforcement action betaken, said officer shall notO the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow -up written report documenting the event and the actions taken. This provision so prescribed in this para raph is not intended to grant general authority to conduct investigations, serve warrants and/ rsubpoenas or to respond without request to emergencies already being addressed by the gency of normal jurisdiction, but is intended to address critical, life- threatening or public safe situations, prevent bodily injury to citizens, and /or secure apprehension of violent criminals whom the law enforcement officer may encounter. The Agency Head's decision in these matters shall be final. 2 SECTION IV: COMMAND AND SUPERVISORY The personnel and equipment that are assigned by the as the i mediate command of a supervising officer designe Suc supervising officer shall be under the direct supery head or his /her designee of the agency requesting assi CONFLICTS: Whenever a Law Enforcement Officer is rendering assistan Law (Enforcement Officer shall abide by and be subject to th policies, general orders and standard operating procedure such rule, regulation, personnel policy, general order or contradicted, contravened or otherwise, in conflict with a c the requesting agency, then such rule, regulation, policy, control and shall supersede the direct order. HANDLING COMPLAINTS: -091►&IN 114 -1 Ling agency head shall be under I by the assisting agency head. ,n and command of the agency nce. pursuanttothisAgreement, the rules and regulations, personnel of his /her own employer. If any tandard operating procedure is -ect order of a superior officer of eneral order or procedure shall Whenever there is cause to believe that a complaint has risen as a result of a cooperative effort as it may pertain to this Agreement, the Agency -lead or his /her designee of the requesting agency shall be responsible for the documenta ion of said complaint to ascertain at a jminimum: The identity of the complainant. 2. An address where the complaining 3. The specific allegation. 4. The identity of the employees accused If it is determined that the accused is an employee of info ation with all pertinent documentation gathered durir complaint shall be forwarded without delay to the Agenc asst ting agency for administrative review. The requestir the omplaint to determine if any factual basis for the com the employees of the requesting agency violated any of the ON V: LIABILITY Each agency engaging in any mutual cooperation and ass agrees to assume responsibility for the acts, omissic em loyees while engaged in rendering such aid pursua pro isions of Section 768.28, Florida Statutes, where K' can be contacted. out regard to agency affiliation. ie assisting agency, the above the receipt and processing of the Head or his /her designee of the agency may conduct a review of aint exists and/or whether any of agency's policies or procedures. ante, pursuant to this Agreement, s, or conduct of such agency's to this Agreement, subject to the SECTION VI: POWERS, PRIVILEGES, IMMUNII A. Employees of each participating Law Enforcement in mutual cooperation and assistance outside of thei State of Florida, under the terms of this Agreement of Section 23.127(1), Florida Statutes, have the satyr and immunities as if the employee was performi political subdivision in which normally employed. AND COSTS Agency, when actually engaging jurisdictional limits, but inside the , shall, pursuant to the provisions e powers, duties, rights, privileges ig duties inside the employee's B. 1 Each agency agrees to furnish necessary perso nel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably it's own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. Communication with personnel from outside ager cies will be accomplished with a shared radio frequency. Should the agency furnisl iing aid not have the capability to communicate on a shared radio frequency, then he requesting agency will either provide radios to the personnel of the agency furnis iing aid or pair personnel from the agency furnishing aid with personnel from age cies that have the capability to communicate on a shared radio frequency. D. Apolitical subdivision that furnishes equipment pur uantto this part must bear the cost of loss or damage to that equipment and must ay any expense incurred in the operation and maintenance of that equipment. E. The agency furnishing aid pursuant to this section shall compensate it's employees during the time such aid is rendered and shall defray he actual travel and maintenance expenses of it's employees while they are renderin such aid, including any amounts paid or due for compensation due to personal injury , r death while such employees are engaged in rendering such assistance. F. The privileges and immunities from liability, exert rules, and all pension, insurance, relief, disability, we and other benefits that apply to the activity of a performing the employee's duties within the territ& apply to the employee to the same degree, manne performance of the employee's duties extraterritt Mutual Aid Agreement. The provisions of this secs paid, volunteer, auxiliary, and reserve employees G. Nothing herein shall prevent the requesting agen appropriations from the governing authority having' the assisting agencyfor any actual costs orexpenso performing hereunder. fl ption from laws, ordinances and icers' compensation, salary, death i employee of an agency when iI limits of the employee's agency and extent while engaged in the *ially under the provisions of this on shall apply with equal effect to from requesting supplemental dgeting jurisdiction to reimburse incurred by the assisting agency H. Nothing in this Agreement is intended or is to contracting away of the powers or functions of c SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and a officials and shall continue in full force and effect until September 30, 2008, a committee will be established Enforcement Planning Council in conjunction with the F Chiefs of Police, Inc., to review this Agreement and circumstances may this Agreement be renewed, amen SECTION VIII: CANCELLATION Anyiagency may cancel their participation in this Agreemer the other agencies. Cancellation will be at the direction IN WITNESS WHEREOF, the agencies hereto cause th date specified. R construed as any transfer or party hereto to the other. ►roval by the hereinafter named anuary 31, 2009. On or about y the Palm Beach County Law m Beach County Association of ;vise, if necessary. Under no A or extended except in writing. upon delivery of written notice to if any subscribing agency. presents to be signed on the .ATTEST: CITY OF ATLANTIS: Fred Furteldo Mayor (date) Mo Thornton, City Manager (date) CITY OF BELLE GLADE: Steve B. Wilson, Mayor (date) Houston Tate, City Manager (date) CITY OF BOCA RATON: Steven L. Abrams, Mayor (date) Leif Ahne I, City Manager (date) CITY OF BOYNTON BEACH: Jerry Taylor, Mayor (date) Kurt Bres$ner, City Manager (date) CITY OF DELRAY BEACH: Robert G. Mangold, Chief of Police (date) (date) Albert Dowdel , Chief of Police (date) (date) Andrew J. Scott, III, Chief of Police (date) (date) Marshall B. Gage, Chief of Police (date) (date) Jeff Perl an, Mayor (date) Joseph L. David Haden, City Manager (date) D , Chief of Police (date) (date) FLORIDA] ATLANTIC UNIVERSITY: Frank T. Brogan, President (date) (date) CITY OF OREENACRES: Samuel J� Ferreri, Mayor (date) Wadie At�llah, City Manager (date) TOWN 00 GULFSTREAM: William F1 Koch, Jr., Mayor (date) William HIS Thrasher, Town Manager (date) TOWN OF HIGHLAND BEACH: Thomas .). Reid, Mayor (date) Doris Trinlley, Town Manager (date) TOWN 00 JUNO BEACH: Delores Danser (date) Director of Safety and Security (date) Gregory P. Smith, Director of Public Safety (date) (date) Garrett J. Ward, Chief of Police (date) (date) Gwendolyn Louise Pascoe, Chief of Police (date) (date) Robert C.I Blomquist, Mayor (date) H.C. Clark, II, Chief of Police (date) Gail F. Nelson, Town Manager (date) (date) 7 'TOWN OF JUPITER: Karen Golonka, Mayor (date) Richard J. Westgate, Chief of Police (date) Andrew D. Lukasik, Town Manager (date) (date) TOWN OF JUPITER INLET COLONY: John M. Zuccarelli, III, Mayor (date) Joseph Benevento, Chief of Police (date) Joann Manganiello, Town Manager (date) (date) TOWN OF LAKE CLARKE SHORES: Robert M.W. Shalhoub, Mayor (date) William W. Smith, III, Chief of Police (date) Joann Hatton, Town Administrator (date) (date) CITY OF LAKE WORTH: Rodney Romano, Mayor (date) William E. Smith, Chief of Police (date) Paul Boyer, City Manager (date) (date) TOWN OF LANTANA: David J. Stewart, Mayor (date) Richard M. Lincoln, Chief of Police (date) Michael Bornstein, Town Manager (date) (date) ru TOWN OF MANALAPAN: William E. Benjamin, 11, Mayor (date) Wilbur C. Walker, Director of Public Safety (date) Greg Dunham, Town Manager (date) (date) TOWN OF MANGONIA PARK: William Albury, III, Mayor (date) Rodney P. Thomas, Chief of Police (date) Frank Spence, Town Manager (date) (date) VILLAGE OF NORTH PALM BEACH: Don Noel, Mayor (date) James Knight, Chief of Police (date) Mark Bates, Village Manager (date) (date) TOWN OF OCEAN RIDGE: Kenneth Kaleel, Mayor (date) Edward G. Hillery, Jr., Chief of Police (date) D. Bill Mathis, Town Manager (date) (date) CITY OF PAHOKEE: James P. Sasser, Mayor (date) Rafael Duran, Jr., Chief of Police (date) Lillie Latimore, City Manager (date) (date) 9 TOWN OF PALM BEACH: Lesly S. Smith, Mayor (date) Michael S. Reiter, Chief of Police (date) Peter Elwell, Town Manager (date) Allen S. Wyett, President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Edward W. Bieluch, Sheriff (date) (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: Thomas E. Lynch, Chairman (date) James P. Kelly, Chief of School Police (date) Arthur C. Johnson, Ph.D., Superintendent (date) (date) CITY OF PALM BEACH GARDENS: Eric Jablin, Mayor (date) Stephen IKStepp,thief of Police (date) Ron Ferris, City Manager (date) (date) TOWN OF PALM BEACH SHORES: Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date) Cynthia Lindskoog, Town Manager (date) (date) 10 VILLAGE OF PALM SPRINGS: John M. Davis, Mayor (date) Jay C. Pickens, Director of Public Safety (date) Karl E. Umberger, Village Manager (date) (date) CITY OF RIVIERA BEACH: Michael D. Brown, Mayor (date) Clarence D. Williams, III, Chief of Police (date) William Wilkins, City Manager (date) (date) VILLAGE OF ROYAL PALM BEACH: David Lodwick, Mayor (date) Edward Stepnowski, Chief of Police (date) David Farber, Village Manager (date) (date) CITY OF SOUTH BAY: Clarence E. Anthony, Mayor (date) Michael Morris, Acting Chief (date) Tony Smith, City Manager (date) (date) TOWN OF SOUTH PALM BEACH: Beverly Savin, Mayor (date) Roger M. Crane, Chief of Police (date) Charles O. Dobbins, Jr., Town Manager (date) (date) 11 `VILLAGE OF TEQUESTA: Pat Watkins, Mayor (date) Stephen J. Allison, Chief of Police (date) Michael Couzzo, Jr., Village Manager (date) CITY OF WEST PALM BEACH: Lois Frankel, Mayor (date) Delsa R. Bush, Chief of Police Ed Mitchell, City Manager (date) 12 (date) (date) (date) Attachment I Atlantis Police Department Belle Glade Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department Mangonia Park Police Department North Palm Beach Police Department Ocean Ridge Police Department Pahokee Police Department Palm Beach Police Department Palm Beach County Sheriffs Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department Royal Palm Beach Police Department South Bay Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 13, 2005 Meeting Date: February 3, 2005 Subject/Agenda Item: Consider approval of Change Order No. 2 with Total Maintenance Building Services, Inc. for landscape debris removal services at the City's Golf Course. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Origi ting Dept.: J* Costs: $ 140.000.00 (Total) Council Action: City Attorney i `t Dan Reidy I l Approved Director of Public Facilities Finance Ad s for $140.00.00 Current FY ( ]Approved w/ conditions _ [ )Denied Funding Source: [ ] Continued to: Advertised: N/A Attachments: Date: [ X ] Operating Paper: [ ] Other Change Order No. 2 with Total Maintenance bmit by: 4 [X] Not Required Jack Doug Community Servic Administrator Department Director Affected parties [ X ] Notified Budget Acct. #: 401 - 2540 - 572.3400 Golf— Other Contractual [ ] None Approved by: 1ty anager � [ ] Not required Date Prepared: January 13, 2005 Meeting Date: February 3, 2005 BACKGROUND: In September 2004, the City authorized the renewal of an existing landscaping maintenance contract with Total Maintenance Building Services, Inc. As a result of the recent hurricanes, the Golf Division would like to request approval of change order #2 to this contract in the amount of $140,000 for additional services related to debris and tree removal from the Municipal Golf Course. In order to ensure due diligence in the procurement process, a total of four (4) quotes were obtained, including Total Maintenance. The other quotes ranged from $142,000 to $176,000. A reimbursement request for these additional services will be submitted to FEMA. FEMA has given preliminary approval for reimbursement on this project. In addition, a claim has been filed with our insurance carrier, PGIT, and is currently being reviewed by the adjuster. Preliminary discussions with PGIT indicate that insurance recovery of a portion of this cost is possible, leaving only the deductible amount to be reimbursed by FEMA. • STAFF RECOMMENDATION: Approve Change Order No. 2 with Total Maintenance Building Services, Inc. for landscape debris removal services at the City's Golf Course in the amount of $140,000. City of Palm Beach Gardens CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Two 2 CONTRACT TITLE: Landscape Maintenance Services TO CONTRACTOR: Total Maintenance, Inc. DATE: January 13, 2005 YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Emergency debris removal needed at the City's Golf Course due to recent hurricane damage. Reimbursement of expenses will be requested through FEMA. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT 418,374.24 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 9362.92 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 427,737.16 COST OF CONSTRUCTION CHANGES THIS ORDER 140 000.00 ADJUSTED CONTRACTED AMOUNT INCLUDING THIS CHANGE ORDER 567,737.16 Percent Increase This Change Order 32.73% Total Percent Increase To Date 35.70% Extension Of Contract Time Allowed By This Change 0 1 Calendar Da s CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR ARCHITECT /ENGINEER (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Community Services Department DEPARTMENT 401 - 2540 - 572.3400 ACCOUNT NUMBER CITY OF PALM BEACH GARDENS, FLORIDA RECOMMEND: DEPARTMENT HEAD CITY MANAGER ATTEST: CITY CLERK Total Maintenance Building Services, Inc. 10357 Ironwood Rd. P.O. Box 31962 Palm Beach Gardens, FL33420 Phone 561 - 844 -2744 Fax 561- 624 -4760 E -Mail EDTMBS @AOL.com. December 13, 2004 Mr. David Reyes City Palm Beach Gardens Palm Beach Gardens FI 33410 Dear Mr. Reyes, After a site inspection of the golf course, the scope of work is as follows; - Removal of all trees that have been marked by management. - Tree removal to include root systems as identified by management. - Wetland tree removal to be to ground level only. (RTG — remove to grade) - Tipping charges, if incurred will be reimbursed by customer. - Hauling charges are included within a twenty -mile radius. - All grading and by others. - Fill dirt and holes to be filled by others. Total price for identified work as described above $140,000.00 Work to be machine where possible, hand work where necessary to due least amount of damage to the golf course. Sincerely, Edward J. Galbraith Total Maintenance Building Services "Property Maintenance Specialists Serving The Palm Beaches Since 1982" City of Palm Beach Gardens CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Two (2) CONTRACT TITLE: LandscaR@ Maintenance Services TO CONTRACTOR: Total Maintenance. Inc. DATE: Jane 3.2005 YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. ? Al 77 1 !1 l Nall .11 • = : !.nl: ,� :. • 77Z01=,17,41 .ice• • • � • ORIGINAL CONTRACT AMOUNT 418 374.24 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 9362.92 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 427,737.16 COST OF CONSTRUCTION CHANGES THIS ORDER 140 000.00 ADJUSTED CONTRACTED AMOUNT INCLUDING THIS CHANGE ORDER 567,737.16 Percent Increase This Change Order 32.73% Total Percent Increase To Date 35.70% Extension Of Contract Time Allowed By This Change 0 Calendar Da s CERTIFIED STATEMENT: I hereby certify that the supporting cost data included Is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. A CONTRACTOR ARCHITECT/ENGINEER (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 9 • � M10 ' a+` 401 - 2540 - 572.3400 ACCOUNT NUMBER CITY OF PALM BEACH GARDENS, FLORIDA CITY MANAGER ATTEST: CITY CLERK City of Palm Beach Gardens CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Two (2) CONTRACT TITLE: Landscape Maintenance Seiyices TO CONTRACTOR: Total Maintenance, Inc. DATE: January 1_ 3.200§ YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 11172r, =.71 Lill •�:�,:���: - •� �i1Ll • !.mil . - !� `"i .ii ti •L:! L._ SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT 418,374.24 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 9362.92 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 427,737.16 COST OF CONSTRUCTION CHANGES THIS ORDER 140 000.00 ADJUSTED CONTRACTED AMOUNT INCLUDING THIS CHANGE ORDER 567,737.16 Percent Increase This Change Order 32.73% Total Percent Increase To Date 35.70% Extension Of Contract Time Allowed By This Change q 1. Calendar Days CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTR2 OR 7�- ARCHITEC ENGINEER (sign I) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER DEPARTMENT . 201-Z177- llwmc nwa-- 77-W.. - ww-e A I 401 - 2540 - 572.3400 ACCOUNT NUMBER CITY OF PALM BEACH GARDENS, FLORIDA CITY MANAGER ATTEST: CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 31, 2004 Meeting Date: February 3, 2005 Resolution 13, 2005 Subject/Agenda Item: Resolution 13, 2005: Bombay Sign Waivers at Parcel 27.05/.06 Consideration of Approval: A request by Louis Gaeta, of the Gaeta Development Company, for approval of three signage waivers from Section 78 -285 to allow for the installation of an additional "Bombay" tenant sign on the south elevation; one 33 square -foot "Bombay Kids" tenant sign on the north elevation; and one additional 33 square -foot "Bombay Kids" tenant sign on the south elevation of the retail building at Parcel 27.05/.06. Parcel 27.05/.06 is located within the Regional Center Development of Regional Impact (DRI), approximately 3/4 of a mile east from the intersection of PGA Boulevard and Alternate AIA. [X] Recommendation to APPROVE with three waivers [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council Action: Talal Benothman, AICP Growth Management: , Brad Wiseman Costs: $ NA [ ] Approved (Total) P &Z Divisi n Director Senior Planner $ NA [ ] Approved w/ Christine turn Current FY conditions 0 Bahar;!h Wolfs, AICP — City Attorney /` /' / b [ ] Denied Development Compliance es K. Wu, AICP Funding Source: [ ] Continued to: [X] Quasi - Judicial [ ]Operating [ ] Public Hearing owth Management [ j Legislative [X ] Other N/A Administrator Budget Acct. #: N/A Approved by: Advertised: Attachments: [X] Not Required Ronald M. Ferris, Date: NA * Resolution 13, 2005 - -� Paper: NA • Signage graphics City Manager Affected Parties: [X] Not Notified Date Prepared: December 31, 2004 Meeting Date: February 3, 2005 Resolution 13, 2005 EXECUTIVE SUMMARY This petition consists of three waiver requests from Section 78 -285, which limit the number of signs to no more than one per tenant and the size of tenant signs to no larger than 5% of the storefront elevation. These waivers for the retail building at Parcel 27.05/.06 will permit the installation of an additional "Bombay" tenant sign on the south elevation; one 33 square -foot "Bombay Kids" tenant sign on the north elevation; and one additional 33 square -foot "Bombay Kids" tenant sign on the south elevation. Staff recommends approval of all four signage waivers with one condition of approval. BACKGROUND On May 4, 2000, the City Council adopted Resolution 26, 2000, which approved a 179,070 square - foot multi -use development on Parcel 27.05/.06 of the Regional Center Development of Regional Impact (DRI). Subsequently, the City Council adopted Resolution 27, 2002, which permitted the replacement of a hotel with three one -story office buildings totaling 27,000 square feet. The City Council then adopted Resolution 190, 2002 on November 21, 2002, thereby approving the replacement of a 25,000- square -foot retail building with two office buildings totaling 35,989 square feet. Most recently, the City Council adopted Resolution 71, 2003 on July 3, 2003, which provided for the replacement of a two -story 24,500 square -foot office building with two one -story office buildings totaling 19,978 square feet. On October 18, 2001, the City Council approved the master signage program for Parcel 27.05/.06 through the adoption of Resolution 148, 2001. Parcel 27.05/.06 was granted nine waivers that permitted additional signs. Specifically, Office Building 1 was permitted two additional tenant signs; Office Building 2 was permitted one additional tenant sign; and Office Building 8 and Office Building 9 were each permitted an additional principal tenant sign and two additional tenant signs. These signage waiver requests were granted on the basis that a sign was needed on the north elevation facing the parking lot and on the south elevation facing PGA Boulevard. By providing a sign on each of these elevations, tenants are readily visible to passersby on PGA Boulevard and are easily identifiable to patrons from the parking lot. LAND USE & ZONING The subject site has a future land -use designation of Professional Office (PO) and a zoning designation of Planned Community District (PCD) Overlay, and a Commercial land -use designation on Map H of the Regional Center Development of Regional Impact (DRI). 2 Date Prepared: December 31, 2004 Meeting Date: February 3, 2005 Resolution 13, 2005 PROJECT DETAILS Applicant's Request The applicant is requesting three waivers from Section 78 -285, Permitted Signs, which limit the number of signs to no more than one per tenant and the size of tenant signs to no larger than 5% of the storefront elevation. In accordance with Section 78 -285, one "Bombay" tenant sign and one "Bombay Kids" tenant sign are permitted on an elevation of the applicant's choosing; which in this instance, is the north elevation. A 45- square -foot "Bombay" tenant sign has been installed on the north elevation facing the parking lot. Therefore, two waivers are requested to permit the installation of additional signs on the south elevation of the retail building (i.e. LaZ- Y- Boybuilding) facing PGA Boulevard: a "Bombay" tenant sign and a "Bombay Kids" tenant sign. The remaining waiver is to allow the "Bombay Kids" tenant signs to exceed 5% of the storefront elevation. The applicant is requesting a size of 33 square feet of copy area for each of the "Bombay Kids" tenant signs where only 26 square feet is permitted. These signs will feature black channel lettering that changes to white at night, which is consistent with other building signage at Parcel 27.05/.06. Waivers The applicant is requesting the following three waivers: Code Section Required Provided Waiver Recommendation Section 78 -285: 1 sign per tenant 1 Additional Tenant 1 Tenant Sign Approve (1) Permitted Signs Sign on the South Elevation "Bombay" 1 sign per tenant 1 Additional Tenant 1 Tenant Sign Approve (1) Sign on the South Elevation "Bombay Kids" NMT 5% of the 2, 33 Square -Foot 7 Square Feet for Approve (2) area of the tenant Tenant Signs each tenant sign elevation "Bombay Kids" StaffAnalysis (1) Nine waivers have been granted for tenants within Parcel 27.05/.06 to install additional signs either on the south elevation facing PGA Boulevard, or on the north elevation facing the parking lot. Permitting a sign on the north and south elevations for individual tenants will provide patrons with the ability to locate their intended destination from PGA Boulevard and from the parking lot. These waivers have also been approved for the Legacy Place Planned Community Development (PCD) and the 5B Planned Unit Development (PUD). Staff recommends approval of these two waivers. 3 Date Prepared: December 31, 2004 Meeting Date: February 3, 2005 Resolution 13, 2005 (2) The applicant is requesting one waiver to allow for tenant signs to be larger than 5% of the storefront elevation. The increased size of the "Bombay Kids" signs is justified because the applicant reduced the size of each "Bombay" tenant sign by 20 square feet. The permitted size of the "Bombay" tenant sign is 65 square feet of copy area where the applicant proposes 45 square feet. Secondly, the size of these signs is in proportion with the building. Staff recommends approval of this waiver. STAFF RECOMMENDATION Staff recommends Approval of Resolution 13, 2005 with the waivers and condition provided therein. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: December 31, 2004 RESOLUTION 13, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THREE WAIVERS FROM CITY CODE SECTION 78 -285, PERMITTED SIGNS, TO ALLOW FOR THE INSTALLATION OF ADDITIONAL SIGNS FOR RETAIL BUILDING 2 AT PARCEL 27.05/.06, LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 4, 2000, the City Council approved Resolution 26, 2000, approving a site plan for Parcel 27.05/.06; and WHEREAS, on February 21, 2002, the City Council approved Resolution 27, 2002, approving a site plan amendment for Parcel 27.05/.06; and WHEREAS, on November 21, 2002, the City Council approved Resolution 190, 2002, approving a site plan amendment for Parcel 27.05/.06; and WHEREAS, on July 3, 2003, the City Council approved Resolution 71, 2003, approving a site plan amendment for Parcel 27.05/.06; and WHEREAS, on May 4, 2004, the City Council approved Resolution 20, 2004, approving a site plan amendment for Parcel 27.05/.06; and WHEREAS, the City has received a miscellaneous application (MISC- 04 -41) from Louis Gaeta of the Gaeta Development Company for approval of three waivers from City Code Section 78 -285, Permitted Signs, to permit the installation of an additional "Bombay" tenant sign on the south elevation, one 33- square -foot "Bombay Kids" tenant sign on the north elevation, and one additional 33- square -foot "Bombay Kids" tenant sign on the south elevation of Retail Building 2 at Parcel 27.05/.06, which is located approximately 3/ of a mile east from the intersection of PGA Boulevard and Alternate Al A, as more particularly described herein; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay and has a future land use designation of Professional Office (PO) and Commercial on Map H of the DRI /PCD; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: December 31, 2004 Resolution 13, 2005 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 miscellaneous application (MISC- 04 -41) from Louis Gaeta of the Gaeta Development Company is hereby APPROVED on the following described real property to permit the installation of an additional "Bombay" tenant sign on the south elevation, one 33- square -foot "Bombay Kids" tenant sign on the north elevation, and one additional 33- square -foot "Bombay Kids" tenant sign on the south elevation of Retail Building 2 at Parcel 27.05/.06, subject to the condition of approval provided herein, which is in addition to the general requirements otherwise provided by resolution: LEGAL DESCRIPTION: PARCEL 27.05 AND PARCEL 27.06 AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.05, 27.06 & 27.R02 AS RECORDED IN PALM BEACH COUNTY IN PLAT BOOK 88 ON PAGES 104 AND 105. SECTION 3. Said approval is subject to the following condition, which shall be binding on the applicant, its successors, or assigns: 1. The "Bombay" and the "Bombay Kids" tenant signs shall consist of bronze channel letters that illuminate to white at night (Planning & Zoning). SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. Section 78 -285, Permitted Signs, to allow for one "Bombay" tenant sign and one "Bombay Kids" tenant sign on the south elevation. 2. Section 78 -285, Permitted Signs, to allow for one 33 square -foot "Bombay Kids" tenant sign on the south elevation and one 33 square -foot "Bombay Kids" tenant sign on the north elevation. SECTION 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Signage Graphics, Triangle Sign & Service, sheets 1 through 7, dated July 13, 2004. SECTION 6. The approval expressly incorporates and is contingent upon all 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Date Prepared: December 31, 2004 Resolution 13, 2005 representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2005. ATTEST: Patricia Snider, CMC 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 CITY OF PALM BEACH GARDENS, FLORIDA LW Eric Jablin, Mayor AYE NAY ABSENT \ \Pbgsfile\Attorney\attorney_share \RESOLUTIONS \bombay sign waivers - reso 13 2005.doc 3 51GNAGE TO MATCH OTHER 51GNAGE IN PARCEL # 27 -0506 4'- El EQ 11'-4` EQ QADD CALL OUT5 ®CHANGE'KIDS' LETTERS - DELETE TWO (2) DWDAY SIGNS TO DAYMIGHT PLEM 0 -0 EAST ELEV. - EXTEND SOUTH ELEV. -ADD FOUR B.K. VINYL -ADD B.K. SIGN STOREFRONT SHOWN ON ANGLE 0 -ADD EXISTING/PKOPOSED /l\ - CHANGE PA55 THRU & CASH WRAP 516 wa 5IGNAGE TO MATCH OTHER 516NAGE IN PARCEL # 27 -0506 EQ 11'-4" EQ .Q 0 - EXTEND SOUTH ELEV. QCHANGE "KIDS" LETTERS ADD FOUR B.K. VINYL TO DAYMIGHT FLEW /2\ -ADD EX5TING/PROP05ED . -r PALM 15EACH GARDENS, 15OM15AY 2845 FGA 13LVP 1114 % / G ' I' � i 11 AZAR COURT /P.O. BOX 24186 BALTIMORE, MARYLAND 21227- (410) 2475300 -FAX (410) 247 -1944 REPRODUCTION IN WHOLE OR PART PROHIBITED WITHOUT EXPRESS PERMISSION OF TRIANGLE S & S 51GNAGE TO MATCH OTHER 51GNAGE IN PARCEL # 27 -0506 51TE PLAN N.T.5. EAST ELEVATION vit 5/8" BAND AROUND PERIMETER OPAQUE WHITE VINYL DAY /NIGF PLEXI FAC PALM LOGO DETAIL N.T.5. � " OPAQUE WHITE VINYL 2' -O" 4' -1" 4 7/8" 1' -61/8" 11'-4" M6 0 rs] a QTY.: TWO (2) SETS OF INDIVIDUAL FACE LIT CHANNEL LETTERS AND LOGO NOTE COLORS CON5157-ENT STOREFRONT W/ SPEC SHEET ELEVATION BOMBAY FACES: DAY /NIGHT PLEA RETURNS: 5" DEEP 090 ALUM. FINISHED SEMI -GLOSS BLACK ENAMEL 51GNAGE TO MATCH TRIM -CAPS- 3/4' FINISHED TO MATCH RETURNS OTHER 51GNAGE IN ILLUM: 6500 WHITE NEON TUBING PARCEL # 27 -0506 TRAN5.020V 60 MA HOUSING: BENDBACKS W/ ELECTROBIT5 UL COMPONENTS AND LABELS MOUNTED TO FASCIA w/ MOUNTING BOLTS AS KEQ'D T �T CLIENT 6 LOCATION 1111111�IGU BOMBAY SIGN & SERVICE I BOMBAY KIDS 0 � No 5CALE:1 /2" =1' -0" PALM TREE LOGO - FACE -1/8" TH. DAY/NIGHT FLEX W/ A 5/8" WIDE BAND AROUND THE PERIMETER OF THE CIRCLE BACKGROUND AND THE TREE TO BE OPAQUE WHITE VINYL. RETURNS- 5" DEEP .090 ALUM. FINISHED SEMI -GLO55 BLACK ENAMEL TRIM -CAPS- 3/4" FINISHED TO MATCH RETURNS ILLUM: 6500 WHITE NEON TUBING TRANS.: 120V 60 MA HOUSING: BEND15ACK5 W/ ELECTROBIT5 UL COMPONENTS AND LABELS MOUNTED TO FASCIA w/ MOUNTING BOLTS AS REQ'D DRAWING NO. DATE DRAWN BY REVIEW 2845 PGA BLVD I 04083585 T2 7/13104 JM PALM BEACH GARDENS, FL SALESMAN SHEETNO. SCALE SEC. NO. RETAIL SPACE C S. ALTSHULER 4 OF 7 AS NOTED ��Ul.ecl Jo's QADD CALL OUTS DELETE TWO (2) BOMBAY 51GN5 EAST ELEV. ED BY REVISION Q12/16/04 NOTE: IT 15 THE aZTOMER5 RE5PON5161LITY TO PROVIDE 120 VOLT PRIMARY ELECTRICAL SERVICE (INCLUDING GROUND WIRING DIRECTLYFROM PANEL BOX) WITHIN SIX (6) FEET OF 51GNAGE. INSTALLATION TO MEET N.EC. CODE NOTE ANY LETTER WITH DAY/NIGHT PLEX, THAT HAS A DEPTH LESS THAN T M05T HAVE 344 ENHANCEMENT FILM PLACED ON THE INSIDE BACK OF EACH LETTER 51GNAGE TO MATCH OTHER 5IGNAGE IN PARCEL # 27 -0506 TRIANGLE SIGN & SERVICE TYPICAL 5ECTION "BOMBAY" LETTERS NT5 TYPICAL 5ECTI0N "PALM TREE LOGO" 5TORE FRONT ONLY NT5 CUENT i LOCATION BOMBAY BOMBAY KID5 ALUM. RETURNS EDGE TRIM -► DAY/NIGHT PLEXIGLA5 FACE NEON TURIN 5° ACCE55 DOOR REMOTE G.F.I. TRANSFORMER i "4 4 ELECTROBITS w/ U.L COMPONENTS TUBE SUPPORT CONCEALED FASTENING5 WEEP HOLE W/ COVE DAY /NIGHT PLEXIGLAS FACE W/ OPAQUE WHITE VINYL A5 NOTED ON SIGN ELEVATION DRAWING FA5CIA DRAWING NO. 2,845 PGA BLVD 04083', PALM BEACH GARDENS, FL SALESMAN RETAIL SPACE C 1 5. ALT£ T ft W METAL ENCL05URE LOCATE IN FIELD DATE DRAWN BY 7/13/04 JM SHEET NO. SCALE 5 OF 7 AS N(M SEG. NO. BY I REVISION I 16-7 9116" 11' -11/2" 101/2" 4' -7 9116' 0 Z� +BOMBAY- _iacs 8.0. "KIDS" ALIGNS NORTH ELEVATION SIGN W/ 5.0. "BOMBAY" 1'- 1/8" TALL "K" NOTE COLOR5 CON515TENT W/ SPEC 5HEET KIDS BOMBAY QTY.: TWO (2) SET OF INDIVIDUAL FACE LIT CHANNEL LETTERS FACES: DAY /NIGHT PLEXI RETURNS: 5" DEEP 090 ALUM. FINISHED SEMI -GLOSS BLACK ENAMEL TRIM -CAPS- 3/4" FINISHED TO MATCH RETURNS ILLUM: 6500 WHITE NEON TUBING TRANS.: 120V 60 MA HOUSING: BENDBACK5 W/ ELECTKOBI175 UL COMPONENTS AND LABELS MOUNTED TO FASCIA w/ MOUNTING BOLTS AS READ QTY.: TWO (2) SET OF INDIVIDUAL FACE LIT CHANNEL LETTERS FKETUKN5: 5" DEEP 090 ALUM. FINISHED SEMI -GLO55 BLACK ENAMEL TRIM -CAPS- 3/4" FINISHED TO MATCH RETURNS ILLUM: 6500 WHITE NEON TUBING TRANS.: 120V 60 MA TRAN5.:120V 60 MA HOUSING: BENDBACK5 W/ ELECTROBIT5 UL COMPONENTS AND LABEL5 MOUNTED TO FASCIA w/ MOUNTING BOLTS AS REQ'D 51GNAGE TO MATCH OTHER 5IGNAGE IN PARCEL # 27 -0506 QADD CALL OUTS ®CHANGE'KID5' LETTERS TO DAY/NIGHT PLBG Akr�� �� �T CLIENT a LOCATION THE GARDENS DRAWING NO. DATE DRAWN BY REVIEWED BY REVISION 1 R JL<11 �IGLE BOMBAY 28455 PGA BLVD 04083585 T2 7n3/04 JM Q12/16/04 7AM SIGN & SERVICE BOMBAY KIDS PALM BEACH GARDENS, FL saESww sNEETNo. SCALE SEG. NO. RETAIL SPACE C S. ALTSHULER 6 OF 7 1/2" =1' -O" MMIMUNISIOMM"s .- . to 31MM= =T�i Ma •d NOTE: IT 15 THE CUSTOMERS RESPONSMILRY TO PROVIDE 120 VOLT PRIMARY ELECTRICAL SM ICE (INCLUDING GROUND WIRING D(REMYFROM PANEL WA) MTHIN = (6) FEET OF SIGNAGE. INSTALLATION TO MEET N.E.C. CODE NOTE ANY LETTER WPM DAY/NIGHT PLEXI, THAT HAS A DEPTH LESS THAN T MIDST HAVE 3-M ENHANCEMENT FILM PLACED ON THE INSIDE BACK OF EACH LETTER 5IGNAGE TO MATCH OTHER 5IGNAGE IN PARCEL # 27 -0506 TYPICAL 5ECT10N "BOMBAY" LETTEK5 NT5 TYPICAL SECTION "KIDS" LETTEK5 NT5 AS NOTED 5" ALUM. RETURNS EDGE TRIM -► DAY/NIGHT PLEXIGLA5 FACE NEON TUBING BENDBACKS ELECTKOBIT5 w/ U.L. COMPONENTS TUBE SUPPORT CONCEALED FASTENINGS WEEP HOLE W/ COYER -' DAY /NIGHT PLEXIGLAS FA; ACCESS DOOR REMOTE G.F.I. TRANSFORMER I 8ux 8" METAL ENCLOSURE LOCATE IN FIELD CLIENT 3 LOCATION THE GARDENS DRAWING NO. DATE DRAWN SY REVIEWED BY REVISION TRJANGU BOMBAY 2845 PGA BLVD 04083585 T2 7/13/04 JM SIGN & SERVICE BOMBAY KIDS PALM BEACH GARDENS, FL SALESMAN SHEET NO. SCALE PEG. NO. RETAIL SPACE C 5. ALTSHULER 7 OF 7 AS NOTED CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 20, 2004 Meeting Date: January 20, 2005 Ordinance: 5, 2005 Subject/Agenda Item: Exempting the City of Palm Beach Gardens from the early voting provision in Section 10 1.65 7 F. S. [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $_$2,486.00_ Council Action: City Clerk (Total) City Attorney [ ] 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 10 1.65 7 - Florida Statute 100.3605 - Questionnaire from the Affected parties Budget Acct. #: Supervisor of Elections D nt Dir o Patricia Snider, City Clerk [ ] Notified [ ] None A p owed � r ^ xn3 City Manager [ ] Not required Date Prepared: December 20, 2004 Meeting Date: January 20, 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 January 10 Mary Pollitt 838 -541`6 OCEAN RIDGE February 8 January 10 Karen Hancsak 732 -2635 JUPITER INLET COLONY Februaryl 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 March 8 'February 7 Sharma Carannante 393 -7744` BRINY BREEZES March 8 February 7 Rita Taylor 276 -5116 CLOUD LAKE March '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 March 8 February 7 Rita Taylor 276 5116 HAVERHILL March 8 Februa 7 Joseph Kroll 689 -0370 HIGHLAND BEACH March 8 February 7 Doris Trinle 278 -4548 HYPOLUXO March 8 February 7 Barbara Searls Ross 582 -0155 UNO`BEACH March 8 Februa °7 Alison Jaramllo 626 -1122 JUPITER March.8 February 7 Sally Boylan 746 -5134 LAKE CLARKE SHORES March '8 February 7 Jo PI ler 964 -1515 LAKE PARK March 8 February 7 Stephanie Thomas 881 -3311 LAKE WORTH March8 February 7 Pamela Lopez 500A,§02, LANTANA March 8 Februa 7 Darla Levy 540 -5016 MANGONIA PARK Larch 8 ''February 7 Sherry Albu 84#3 1235 NORTH PALM BEACH March 8 February 7 Melissa Teal 841 -3355 PAHOKEE March 8 February 7 Janet Whi le 924- %02.8 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 March 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 Bouchrt 659 -8020 BOYNTON BEACH Nov. 8 Oct. 10 Janet Prainito 742 -6061 LASHAWEbcdons 2005WIuniE1ecDates2005.doc statutes & uonstttution : view statutes : tisenate.gov Select Year: 2004 " Go The 2004 Florida Statutes Title IX Chapter 101 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 d6signate 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. 100.1 _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) (City /State) (b) Any elector may challenge an elector seeking to vote early under the provisions of s. 101.111,_ 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 of L http:// www. flsenate .gov /statuteslindex.cfm ?p=2 &mode= View%2OStatutes&SubMenu= l &App mode =... 12/20/2004 Statutes & Constitution :View Statutes : flsenate.gov Select Year: 2004 The 2004 Florida Statutes Title IX Chapter 100 ELECTORS AND GENERAL, PRIMARY, SPECIAL, BOND, AND ELECTIONS 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 ® 2000 -2004 State of Florida. Page 1 of 1 http: / /www. flsenate. gov /statuteslindex.cfm ?p=2& mode =V iew%20Statutes&SubMenu =1 &App mode =... 12/20/2004 <torA d� s Palm Beach County 240 SOUTH MILITARY TRAIL WEST PALM BEACH. FL 33415 POST OFRCE EC X 22309 WEST PALM BEACH. FL 33416 Supervisor of Elections TELEPHONE: (5611656-6200 FAX NUMBER: (561 ) 656 -6267 WESSITE: wwvv. pbcelections. orp 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 v" NO 2. The canvassing of the Absentee Ballots? YES /% NO Are you opt&9 out of early Wtfi+rg? YES i/' , NO if so, please provide the Supervisor of Elections with a copy of your Ordkwce/Resolution when available. Signature of Municipal Clerk E i yl w- io,,,,(,' a" &'Je"s Municipality 70,n.,ouu '70 S __ Date PLEASE RETURN TO SUPERVISOR OF ELECTIONS IMMEDIATELY L'SmAjur ..d.- iorew,fwcMU.crn4a. TOTAL P.02 D'ac 28 2004 11:29AM CORNETT a WHITE P.R. Jeb 'Bush Governor November 24, 2004 Sondra K. Hill, CMC City Clerk - City of Greenacres 5985 Tenth Avenue North Greenacres, F133463 -2399 Dear Ms. Hill: A- ],4- STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS 561- 586 -9611 p.2 ac : V *,1q4 k./ Glenda E. Hood Secretary of Stage 0EC,, 0 .r 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 commendement of.early`yoting). 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: (830) 245 -6217 • http://vrww.dos.state.fl.us • E -Mail: DivElectiotts0dos.statefl.us D'ec 28 2004 11:29RM CORNETT a WHITE P.R. 561- 586 -9611 p.3 Mo. 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, Sharon D. Larson Assistant General Counsel SDUabt Dvc 28 2004 11:29AM CORBETT a WHITE P.R. 561 - 586 -9611 .�-7 _ 5985 Tenth Avenue lioAh Greenaaes, FL 33483 -2999 (561) 642.2017 (561) 642.2004 Fax - '3 ::: / Email: r gr g padm ®a. eenacres.fl.us City of Greeas cres Ms. Sharon Larson, Esquire Department of State Division of Elections R. A. Gray Building 540 South Bronough Tallahassee, FL 32399 -0250 November 10, 2004 U.RGUT RESPONSE:RlEQUES.TED 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. Ferreri Maw Wade Atrlllah CYy Manapr During a Florida Association of City Clerks (FACC) Conference, there was a presentation given by a County Supervisor of Elections relative to Early Voting requirements as it applies to municipalMes. 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 laws requiring early voting would apply to municlpalkles. (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. Mortimer Couneilman Councilman Councilman Councliwoman CounWman District I District 11 D!atrlct III Datrlct N District V DL-c 28 2004 11:29AM CORNETT & WHITE P.A. 561 -586 -9611 P.5 Division of Elections — =arly Voting Requirements Page 2 Therefore, on behalf of the Palm Beach County Municipal Clerks Association and the City of Greenacres, I respectfully request an official 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 Assodation 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 CODING: Words Atripkpp 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 CODING: Words 4i iel£en are deletions; words underlined are additions. 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 partyi, 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 CODING: Words stpielEAP are deletions; words underlined are additions. 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)(a) "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 Derson executes a contract for applicable eoods or services: 2. A person makes payment, in whole or in part, for applicable goods or services: or 3. The electioneerine 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 4 CODING: Words stamen are deletions; words underlined are additions. 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 5 CODING: Words 444AkAn are deletions; words underlined are additions. 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 creating 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 6 CODING: Words sUieke$ are deletions; words underlined are additions. 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- 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. (18)(a) "Electioneering communication" means a paid expression in any communications media prescribed in subsection (13) by means other than the spoken word in direct conversation that: passage or defeat of an issue. 2. For communications referring to or depicting�a clearly identified candi- date for office, is targeted to the relevant electorate. A communication is 7 CODING: Words striekea are deletions; words underlined are additions. 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. 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 desig- 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 durina 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, or (II) A newspaper, radio station, television station, or other recognized news medium, and b. The staving 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.— CODING: Words stviskAa are deletions; words underlined are additions. 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 wieh represent the payment of dues by members in a fixed amount aggre- gating 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. 9 CODING: Words sfiieken are deletions; words underlined are additions. 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 electioneerine 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 he 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 CODING: Words st;ieken are deletions; words underlined are additions. 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 or- -semi ea paying for advertisement)... indepen- dently of any ...(candidate or committee) .... ;" and shall Atintain the nameand ad-d-ress, of the per-son pa�4ng for the (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. L41 2- Any person who fails to include the disclaimer prescribed in sub- section (2) (44 in any political advertisement that which is required to con- tain such disclaimer commits is spa a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) No per-son may make -a P-entu-4buti - . of $1,000 to any other per-son, to be used by such other- per-so-n- to -r-a-ake -an independent eyipendi turf Section 5. Subsection (1) of section 106.143, Florida Statutes, is amended to read: 106.143 Political advertisements circulated prior to election; require - ments.— 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-sons er- organizations sponsoring the adver-tisement 3.a. I (4s }La 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 I�b-. State who provided or paid for the advertisement and cost of pro- duction, if different from the source of sponsorship. b. This subparagraph does not apply if the source of the sponsorship is patently clear from the content or format of the political advertisement litAr -At r-P. 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 CODING: Words striel£ea are deletions; words underlined are additions. 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.— 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: (7) "Early voting" means casting a ballot prior to election day at a loca- tion designated by the supervisor of elections and depositing the voted ballot in the tabulation system. 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 first election in which they are to take effect. 12 CODING: Words st;itikoa are deletions; words underlined are additions. 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 voting as provided in s. 101.657 eleskion day, 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 sash 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 sash public preelection test to each candidate qualifying with that office and obtain a signed receipt that the sueh 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 such 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 early voting as provided in s. 101.657 an elestiea, 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 Sash 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) Aaay qualified and registered eleGtor may piek up and vote an -Ah-s'Anit4e ballot in per-sen -At the effiee of-, and under the supenxisign of-, the supel-4se-r 13 CODING: Words 4*isken are deletions; words underlined are additions. Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252 1 a 4 an Alter,, tiye to the pwmxisions of sp i n, ad And i ni .65 The supervisor of elections shall may allow an elector to vote early east an absentee -baA.I 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 desig_ nated 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 countv an equal onnortunity 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 pursu- applicable periods. M(a) The elector must provide identification as required in subseetien W and must complete an Early Voting In -Offlse Voter Certificate in sub- stantially the following form: EARLY VOTING IN OFFICE 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 invalidates my ballot. ...(Voter's Signature)... ..(Address)... 14 CODING: Words striekee are deletions; words underlined are additions. . .. ... . .. . . . .. .... . .. . it" 1 a 4 an Alter,, tiye to the pwmxisions of sp i n, ad And i ni .65 The supervisor of elections shall may allow an elector to vote early east an absentee -baA.I 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 desig_ nated 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 countv an equal onnortunity 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 pursu- applicable periods. M(a) The elector must provide identification as required in subseetien W and must complete an Early Voting In -Offlse Voter Certificate in sub- stantially the following form: EARLY VOTING IN OFFICE 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 invalidates my ballot. ...(Voter's Signature)... ..(Address)... 14 CODING: Words striekee are deletions; words underlined are additions. 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 ballet must vote be placed in a provisional ' reRbsexilee ballot fie. 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:; –bewever; (a) Independent expenditures; (b) Reimbursements to a candidate or any other individual may bereim- bRirsed for expenses incurred in connection with the campaign or activities of the political committee , and by a check drawn upon the campaign account and reported pursuant to s. 106.07(4). After Julv 1 2004, the full name and address of each person to whom the candidate or other individual made payment for which reimbursement was made by check drawn upon the campaign account shall be reported pursuant to s. 106.07(4). together with the purpose of such payment: c) Expenditures made indirectiv through a treasurer for goods or ser- vices, such as communications media placement or procurement services, campaign signs, insurance, or other expenditures that include multiple inte- gral components as Dart of the expenditure and reported pursuant to s. 106.07(4)(a)13.: or 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 15 CODING: Words striAkim are deletions; words underlined are additions. 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.— 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, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. The fine shall be assessed by the filing officer, and the moneys collected shall be deposited in the General Revenue Fund. No separate fine shall be assessed for failure to file a copy of any report required by this section. Section 17. Paragraph (a) of subsection (2), paragraph (a) of subsection (4), and paragraphs (a), (c), and (d) of subsection (8) of section 106.07, Florida Statutes, are amended to read: 106.07 Reports; certification and filing. — (2)(a) All reports required of a candidate by this section shall be filed with the officer before whom the candidate is required by law to qualify. All candidates who file with the Department of State shall file the original and one copy of their reports. In addition, a copy of each report for candidates for other than statewide office who qualify with the Department of State shall be filed with the supervisor of elections in the county where the candi- date resides. Reports shall be filed not later than 5 p.m. of the day desig- 16 CODING: Words stvi$lren are deletions; words underlined are additions. 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. 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 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. 17 CODING: Words striekea are deletions; words underlined are additions. 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. (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 18 CODING: Words 4iin £An are deletions; words underlined are additions. 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 Dav the fine imposed. The commission shall investieate onlv 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 er-�aal one copy 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 19 CODING: Words st*iAkAe are deletions; words underlined are additions. 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. Only „ mittooS that Rio with the Department „f St;Ap shall rile the a a] and ene eepy of their 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 20 CODING: Words skriel£en are deletions; words underlined are additions. 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. (4) Each report filed pursuant to this section is considered to be under compromised. (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. (d) Provide a method that prevents unauthorized access to electronic filing system functions. 21 CODING: Words st,*ieken are deletions; words underlined are additions. 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 verifbng 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 e. xcept 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 22 CODING: Words str-ie#ea3 are deletions; words underlined are additions. 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- sion. The commission shall investigate onlv those alleged violations sneeifi- 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. 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 23 CODING: Words strisl£ea are deletions; words underlined are additions. 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. — (5) In any case in which the commission determines that a person has filed a complaint against another person with a malicious intent to injure fact material to a violation of this chapter or chapter 104, the complainant shall be liable for costs and reasonable attorney's fees incurred in the de- fense of the person complained against, including the costs and reasonable attorney's fees incurred in proving entitlement to and the amount of costs 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 Ce naission Trust 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) 24 CODING: Words sti�ekes are deletions; words underlined are additions. 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 Dursuant 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. able. 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. 25 CODING: Words sk*ieken are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: December 20, 2004 ORDINANCE 5, 2005 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. 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: December 20, 2004 Ordinance 5, 2005 PASSED this day of �),j v p- L 4 , 2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: 117 Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Christine P. Tatum, City Attorney G:\attorney_share \ORDINANCES \early voting - ord 5 2005.doc 2 no CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 4, 2005 Meeting Date: February 3, 2005 Resolution 14, 2005 Subject/Agenda Item: Resolution to approve the purchase of (6) column lifts from Gray Automotive in the amount of $53, 391 via GSA Contract No. GS- 07F- 6098P. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $53,391.00 Council Action: (Total) City Attorney Fire Resc [ ] Approved $ 53.391.00 [ ]Approved w/ conditions Current FY [ ]Denied Finance ec r Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ X ] Other: Fire Resolution 14, 2005 Impact Fees Proposal Submitted by: EPeer Ber el, Fire Chief [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: 303.1200.522.6400 [ ] None rove b • City Manager [ x ] Not required Date Prepared: January 4, 2005 Meeting Date: February 3, 2005 Resolution: 14, 2005 BACKGROUND: This item is in response to an effort to utilize in -house Fire Apparatus maintenance efforts with Public Works -Fleet Maintenance staff. Fleet Maintenance staff over the past two years has become certified as Emergency Vehicle Technicians. As a result, we have reduced outside labor costs and downtime for apparatus. As a result of the above mentioned maintenance, it is imperative to be able to lift the vehicles. The Gray's model portable column lifts can be used from anywhere. The lifts are equipped with wireless technology; battery powered and can lift up to 16,000 pounds. The 6 column configuration has a capacity to lift 96,000 pounds. Fleet Maintenance researched pricing for the lifts and found that Gray Automotive was a sole source vendor due to the portability and wireless technology features. Additionally, Gray Automotive lifts were chosen for their overall functionality and safety. The Fleet Committee reviewed this selection and agreed that these lifts met the specifications that Fleet Maintenance and Fire Rescue desired. The purchase of these portable column lifts is available via GSA Contract No. GS- 07F- 6098P. STAFF RECOMMENDATION: Staff recommends the approval of Resolution 14, 2005 approving the purchase of six (6) column lifts from Gray Automotive in the amount of $53,391. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 20, 2005 RESOLUTION 14, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF SIX (6) COLUMN LIFTS FROM GRAY AUTOMOTIVE VIA GSA CONTRACT NUMBER GS- 07F- 6098P; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City wishes to purchase six (6) column lifts, as outlined in Exhibit "A ", to bring fire apparatus maintenance in- house; and WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed bid; 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 to approve the purchase of six (6) column lifts from Gray Automotive via GSA Contract No. GS -07F- 6098P, a copy of which is maintained in the City Clerk's office. 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 hereby authorizes the purchase of six (6) column lifts from Gray Automotive for fire apparatus maintenance in the amount of $53,391. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: January 20, 2005 Resolution 14, 2005 PASSED AND ADOPTED this day of , 2005. ATTEST: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Fin Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY COUNCILMEMBER VALECHE CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT \ \PbgsfileWttorney\ attorney _share \RESOLUTIONS\automotive lifts purchase - reso 14 2005.doc 2 Date Prepared: January 20, 2005 Resolution 14, 2005 EXHIBIT A 11/02/2004 13:26 8162337251 GRAY AUTOMOTIVE PAGE 02 r. 1 CRAY., Professional Service Equipment November 2, 2004 CHARLIE MILLER WPLS PALM BEACH GARDENS DPW 3704 BURNS RD PALM BEACH GARDENS FL 33410 THANK YOU FOR YOUR INTEREST IN GRAY PROFESSIONAL LIFTING EQUIPMENT. WE MARKET OUR PRODUCTS WORLDWIDE AND SELL FACTORY DIRECT. SERVICE PARTS ARE AVAILABLE WITH A 24 HOUR TURN AROUND. GRAY'S MODEL WPLS -160 PORTABI OPERATED VIRTUALLY ANYWHERE. 3501 S. Leonard Rd, WITH WIRELESS TECHNOLOGY AND IT HAS NO CABLES TO CONNECT NECESSARY! EACH COLUMN HAS A PO. Box 728 POUNDS. St. Joseph MO U.SA 64502 1 -800 -821 -7320 )816) 7-33.6121 FAX 18 16) 233 -7251 aE LIFT SYSTEM CAN BE THE SYSTEM IS EQUIPPED IS DC POWERED, WHICH MEANS - NO THREE -PHASE POWER LIFTING CAPACITY OF 16,000 6 COLUMN CONFIGURATION HAS A CAPACM OF 96,000 LBS WE ARE THE MANUFACTURER, AND THE SOLE SUPPLIER OF THE WPLS -160. THE PATENT NUMBER IS 6,634,461. QTY ITEM LIST PRICE YOUR PRICE FREIGHT TOTAL 1 WPLS -160 $73000.00 $51300.00 $2091.00 53391.00 (SET OF 6 COLUMNS) * *PRICES ARE GOOD THOUGH NOVEMBER 30, 2004. . or (8 16) 387 -8157 TERMS: NET 30 DAYS FEDERAL ID # 43- 1293208 ,grayusa,com DUNS; #007123953 CAGE: #51849 PLEASE CONTACT ME IF I CAN BE OF FURTHER ASSISTANCE AT 800- 821 -7320. RESPECTFULLY, OIL ALANA SMITH GOVERNMENT ACCOUNT REPRESENTATIVE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 21, 2005 Meeting Date: February 3, 2005 Resolution: 25, 2005 SubjecVAgenda Item: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE POLICE CHIEF TO EXECUTE A SUBGRANT AGREEMENT WITH THE SHERIFF OF BROWARD COUNTY FOR FUNDING FOR A COMMAND POST VEHICLE; AND PROVIDING AN EFFECTIVE DATE. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 177,969 Council Action: (Total) City Attorney Police Department [ ] Approved $ [ ]Approved w/ Current FY conditions cr� [ ] Denied Finance Di r Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper. [ X }Other Subgrant Agreement Grant funded: (2 copies) $145,000 Submitted by: [ x ] Not Required Impact fees: $32,969 Department Director Affected parties ]Notified Budget Acct. #: [ ]None A roved y: City Manager [ x ] Not required Data Prepared: January 21, 2005 Meeting Data: February 3, 2005 Resolution: 25, 2005 BACKGROUND: The Police Department is slated to take possession of a Mobile Command Vehicle through a grant from the Department of Homeland Security. The funding for the vehicle is being allocated through Region VII of the State of Florida Regional Domestic Security Task Force (which includes Palm Beach County). The Broward County Sheriffs Office is the administrator of the funding for Region VII. The Broward Sheriffs Office must have a subgrant agreement with Palm Beach Gardens as the recipient agency, in order for the vehicle to be acquired for our use. STAFF RECOMMENDATION: Staff recommends approval of Resolution 25, 2005 to enter into the subgrant agreement for the Mobile Command Vehicle. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 19, 2005 RESOLUTION 25, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE POLICE CHIEF TO EXECUTE A SUBGRANT AGREEMENT WITH THE SHERIFF OF BROWARD COUNTY FOR FUNDING FOR A COMMAND POST VEHICLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sheriff of Broward County has received grant funds to support the Southeast Regional Domestic Security Task Force operations and has the authority to purchase materials to improve the disaster response capabilities of local governments; and WHEREAS, the Sheriff has agreed to purchase for the City of Palm Beach Gardens a Command Post Vehicle pursuant to the terms of the grant funding; and WHEREAS, the Command Post Vehicle will be utilized in the event of emergencies; and WHEREAS, it is in the best interest of the residents and citizens of the City of Palm Beach Gardens to enter into the Subgrant Agreement; and WHEREAS, such Subgrant Agreement has been prepared is attached hereto. 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 hereby accepts and approves the Subgrant Agreement for Equipment with Kenneth C. Jenne, II, Sheriff of Broward County and hereby authorizes the Police Chief to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 19, 2005 Resolution 25, 2005 PASSED AND ADOPTED this day of , 2005. ATTEST: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY I: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY COUNCILMEMBER VALECHE CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT G:\attorney_share \RESOLUTIONS \broward sheriff - reso 25 2005.doc 2 -w/ SUBGRANT AGREEMENT FOR EQUIPMENT THIS AGREEMENT is entered into by and between Kenneth C. Jenne, II, Sheriff of Broward County (hereinafter referred to as "SHERIFF "), and Palm Beach Gardens Police Department (hereinafter referred to as the "RECIPIENT "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes disasters, caused by terrorist acts; and WHEREAS, the parties desire to improve the capability and the coordination of the State of Florida and its local and regional agencies of government to respond to terrorist acts; and WHEREAS, the SHERIFF has received grant funds to support the Southeast Regional Domestic Security Task Force operations and has the authority to purchase materials to improve the disaster response capabilities of local governments; and WHEREAS, the RECIPIENT represents that it is fully qualified and eligible to receive the materials purchased with grant funds to provide the services identified herein; and WHEREAS, the SHERIFF has authority pursuant to Florida law to disburse the materials under this Agreement. NOW, THEREFORE, SHERIFF and the RECIPIENT do mutually agree as follows: SCOPE OF WORK SHERIFF shall purchase for RECIPIENT a Command Post Vehicle, as more fully described in Attachment A and the LETF Grant application. RECIPIENT shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. RECIPIENT agrees to use all non - expendable property for domestic security purposes during its useful life or return to SHERIFF for disposition. RECIPIENT must establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by SHERIFF or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide, as amended or the federal OMB Circulars A -110 or A -102, as applicable. This obligation continues as long as the RECIPIENT retains the property, notwithstanding expiration of this agreement. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the RECIPIENT and SHERIFF shall be governed by applicable State and Federal laws, rules and regulations. TERM This Agreement shall begin upon execution by both parties and continue for the normal operating lifetime or shelf life of said goods and equipment, unless terminated earlier in accordance with the provisions of this Agreement. The condition and /or depletion of equipment will be reported annually as required by the Scope of Work, Attachment A of this Agreement. MODIFICATION OF AGREEMENT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. RECORDKEEPING (a) The RECIPIENT shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the SHERIFF access to such records upon request. The RECIPIENT shall ensure that audit working papers are made available to the SHERIFF upon request for a period of five years from the date the audit report is issued, unless extended in writing by the SHERIFF with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five -year period and extends beyond the five -year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. (b) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work — Attachment A — and all other applicable laws and regulations. (c) The RECIPIENT, its employees or agents, shall allow access to its records at reasonable times to the SHERIFF, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not limited to, auditors retained by the SHERIFF. n�n�nr� (a) At a minimum, the RECIPIENT shall provide SHERIFF with an equipment status report on an annual basis. (b) RECIPIENT shall provide an equipment receipt acknowledgement report to SHERIFF no later than 30 days after the equipment listed in Attachment A, Scope of Work, is received by RECIPIENT. (c) The annual equipment status report is due to be received by SHERIFF no later than January 31 for the previous calendar year. (d) Upon reasonable notice, the RECIPIENT shall provide such additional updates or information as may be required by SHERIFF. LIABILITY RECIPIENT is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, and to the extent provided by that section shall be liable for the negligent acts or omissions or tortious acts of it's employees or agents which result in claims or suits against the SHERIFF, and agrees to liable for any damages proximately caused by said acts or omissions. RECIPIENT shall be liable for any and all damage to the property. Following delivery of the property to RECIPIENT, RECIPIENT shall bear the risk of loss to the property and all components and equipment attached thereto. Nothing herein is intended to serve as a waiver of sovereign immunity by any RECIPIENT to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. RESTRICTIONS ON LOBBYING The RECIPIENT agrees to comply with Section 319 of P.L. 101 -121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. The RECIPIENT certifies, to the best of his or her knowledge and belief, that: (a) No federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (b) If any non - federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the RECIPIENT must complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. FAULT; REMEDIES, TERMINATION (a) SHERIFF may terminate this Agreement, provided that the RECIPIENT is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth herein. (b) SHERIFF may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the RECIPIENT to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (c) Non - compliance with any terms of this Agreement and Scope of Work, Attachment A of this Agreement, by the RECIPIENT shall result in termination of Agreement, which will require return of the said goods and equipment to SHERIFF. (d) In addition to any other remedies, the RECIPIENT shall return to the SHERIFF any granted equipment or supplies which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (e) This Agreement may be terminated without cause by either party. (f) Upon termination of the Agreement, all supplies and equipment must be returned to the SHERIFF by the RECIPIENT. NOTICE AND CONTACT All notices provided under or pursuant to this Agreement shall be in writing, first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. For SHERIFF: Kenneth C. Jenne, II, Sheriff of Broward County 2601 W. Broward Blvd. Fort Lauderdale, FL 33312 For Recipient: Stephen J. Stepp, Chief of Police Palm Beach Gardens Police Department 10500 North Military Trail Palm Beach Gardens, FI 33410 OTHER PROVISIONS (a) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Broward County, Florida. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (b) No waiver by the SHERIFF of any right or remedy granted hereunder or failure to insist on strict performance by the RECIPIENT shall affect or extend or act as a waiver of any other right or remedy of the SHERIFF hereunder, or affect the subsequent exercise of the same right or remedy by the SHERIFF for any further or subsequent default by the RECIPIENT. Any power of approval or disapproval granted to the SHERIFF under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (c) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS (a) All attachments to this Agreement are incorporated as set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Scope of Work. FUNDING /CONSIDERATION The RECIPIENT agrees to be bound by the following standard conditions: (a) The SHERIFF's performance and obligation to pay under this Agreement is contingent upon an appropriation by FDLE. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post- audit thereof. FORCE MAJEURE Neither party shall be liable to the other for any failure or delay in performance hereunder due to circumstances beyond its reasonable control including, without limitation, Acts of God; accident, death, labor disputes, injury or illness of key personnel; acts, omissions and defaults of third parties and governmental and judicial action not the fault of the party causing such failure or delay in performance. [Intentionally Left Blank] IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY KENNETH C. JENNE, II SHERIFF Approved as to form and legal sufficiency subject to execution by the parties: Lm- Department of Legal Affairs PALM BEACH GARDENS POLICE DEPARTMENT STEPHEN J. STEPP CHIEF OF POLICE Witness Rcontract \RDSTF.palm beach gardens Date: Date: Date: Attachment A Scope of Work This Agreement is entered into for the purpose of receiving specialized equipment and participation in the Southeast Regional Domestic Security Task Force. SHERIFF shall, using funds received in relation to this grant in the amount of One Hundred Forty Five Thousand Dollars ($145,000.00), purchase a Command Post Vehicle for use by RECIPIENT. The equipment, goods, and supplies ( "the eligible equipment ") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy ". Equipment purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism - related hazards. RECIPIENT shall place the equipment in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. RECIPIENT shall maintain ownership of said goods and equipment, in a satisfactory operational condition, provided to it under this Agreement for normal expected operating lifetime or shelf life of said goods and equipment. This includes routine maintenance, repairs, calibration, etc. RECIPIENT is not responsible for replacing goods or equipment that has reached the end of its normal life expectancy or exceeded its posted shelf life. RECIPIENT will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, SHERIFF will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. RECIPIENT shall notify the SHERIFF one year in advance of the expiration of the equipment's posted shelf -life or normal life expectancy or when it has been expended. The RECIPIENT shall notify the SHERIFF immediately if the equipment is destroyed, lost, or stolen. RECIPIENT shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the SHERIFF. RECIPIENT specifically agrees to: Upon notification by the SHERIFF the RECIPIENT will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy ," respond to any and all incidents within its regional response area with all available and eligible equipment and resources which it needs and is reasonably required for the response, for so long as this Agreement remains in effect. Prior to requesting a response, the SHERIFF will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. 2. During the term of this Agreement, the RECIPIENT shall participate in not less than three (3) regional training events per year, and in not less than one (1) regional exercise or terrorist event simulation per year as directed by the SHERIFF. 3. The RECIPIENT shall submit an annual report to the SHERIFF, which is due to be received by the SHERIFF no later than January 31 for the previous calendar year. This Report will verify the participation in the activities as required by Paragraph 2, as well as the condition and /or depletion of the equipment. 4. The RECIPIENT shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without prior written consent of the SHERIFF. City of Palm Beach Gardens Council Agenda February 3, 2005 Council Chambers 10500 N. Military Trail `3 Palm Beach Gardens, FL 33410 -'Mayor Jablin Council Member Delgado 'Vice Mayor Russo Council Member Levy 'Council Member Valeche CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 3, 2005 7:00 P.M. .' I. PLEDGE OF ALLEGIANCE -II. ROLL CALL HI. ADDITIONS, DELETIONS, MODIFICATIONS: "'IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: a. Economic Development Incentive and Scripps Update ✓ VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Asenda, please submit request form to the City Clerk prior to this Item) P VIII. CONSENT AGENDA: a. (Page 5 Approve Minutes from the January 6, 2005 regular City Council meeting. b. (Staff Report on Page 9, Resolution on Page 11) Resolution 20, 2005 — Appoint Dr. Arthur Anderson, Supervisor of Elections to City Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Supervisor of Elections to the City's Canvassing Board and authorizing the Supervisor of Elections to act on the City behalf; authorizing the City Clerk to appoint elections officials for the purpose of conducting the municipal election; and providing an effective date. C. (Staff Report on Page 14, Resolution on Page 16) Resolution 24, 2005 - Palm Beach County Law Enforcement Agencies Mutual Aid Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; authorizing the Police Chief to execute additional agreements to effectuate the mutual aid agreement; and providing an effective date. llt' s-� S -o 0 d. (Staff Report on Page 31) Consider approval of Change Order No. 2 with Total Maintenance Building Services, Inc. for landscape debris removal services at the City's Golf Course. PUBLIC HEARINGS: Part I — Ouasi-iudicial a. (Staff Report on Page 37, Resolution on Page 41) Resolution 13, 2005 - Bombay Sign Waivers at Parcel 27.05/.06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving three waivers from City Code section 78 -285, Permitted Signs, to allow for the installation of additional signs for retail building 2 at parcel 27.05/.06, located within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for a condition of approval; and providing an effective date. Part II — Non Ouasi-iudicial a. (Staff Report on Page 51, Ordinance on Page 861 4Mina wc- _`r, 2w5'— Exempting the City of Palm Beach Gardens from the early voting provision. (2nd Reading and Adoption)fAn Ordinance of the City Council of the City of Palmy -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. RESOLUTIONS: Q a. (Staff Report on Page 88, Resolution on Page 90) Resolution 14, 2005 — Ya.X Approve the purchase of 6 column vehicle lifts. A Resolution of the City Council ,S'o of the City of Palm Beach Gardens, Florida approving the purchase of six (6) column lifts from Gray Automotive via GSA Contract number GS- 07F- 6098P; and providing an effective date. b. (Staff _Report on Page 94, Resolution on Page 96) Resolution 25, 2005 — a- Command Post Vehicle Subgrant Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Police Chief to execute a Subgrant Agreement with the Sheriff of Broward County for funding for a command post vehicle; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XHI. CITY ATTORNEY REPORT: XIV. ADJOURNMENT 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 28 &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 hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers. 800 - 955- 8771(TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. P 4 City of Palm Beach Gardens Council Agenda February 3, 2005 T a.s q1133 Mayor Jablin Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Vice Mayor Russo Council Member Delgado Council Member Levy Council Member Valeche r CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 3, 2005 7:oo P.M. ^ d 3 -10Ur aN I. PLEDGE OF ALLEGIANCE PM S" / /7l II. ROLL CALL RUJ°4N it /�bf A'o�vin�i�/ III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: 7:,y,? N ,#PWU a. Economic Development Incentive and Scripps Update � 3S 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. ( B' j ,;)'Approve Minutes from the January 6, 2005 regular City Council meeting. Resolution 20, 2005 — "�� P l��,l�o� 1 pan �� �� �,��P ,3�� :; ,��, ° � � � �, Appoint Dr. Arthur Anderson, Supervisor of Elections to City Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Supervisor of Elections to the City's Canvassing Board and authorizing the Supervisor of Elections to act on the City behalf, authorizing the City Clerk to appoint elections officials for the purpose of conducting the municipal election; and providing an effective date. C. tit ! I ,c_�t c)rr_I'Y �:Mw Imo„ 1�„�,soluiioq op Vo - :c w(m_Resolution 24, 2005 -Palm Beach County Law Enforcement Agencies Mutual Aid Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; authorizing the Police Chief to execute additional agreements to effectuate the mutual aid agreement; and providing an effective date. M d. x S1 I I Roo r oil 1' „�� 6,� � 1). Consider approval of Change Order No. 2 with Total Maintenance Building Services, Inc. for landscape debris removal services at the City's Golf Course. IX. PUBLIC HEARINGS: Part I — Quasi - iudicial �; S3 a. ; Resolution 13, 2005 - Bombay Sign Waivers at Parcel 27.05/.06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving three waivers from City Code section 78 -285, Permitted Signs, to allow for the installation of additional signs for retail building 2 at parcel 27.05/.06, located within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for a condition of approval; and providing an effective date. Part II — Non Quasi -iudicial a. _(`?t!Ip., l.zeoort till mPage it. Ordiwu-N,c on 11,we...86 Ordinance 5, 2005 — Exempting the City of Palm Beach Gardens from the early voting provision. (2 "`t ,U Reading and Adoption) 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. X. RESOLUTIONS: a. (N I"'41 I.. 1, oft , _1'ag�i....,..88, ke":.oltilio k on -.,." a<Fc.,_..,,9d.�.ai_ Resolution 14, 2005 — S -0 Approve the purchase of 6 column vehicle lifts. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of six (6) column lifts from Gray Automotive via GSA Contract number GS- 07F- 6098P; and providing an effective date. b. ,� CAI p ) mA oil I'swl `t• oi��s t 9tl� Resolution 25 2005 — S Command Post Vehicle Subgrant Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Police Chief to execute a Subgrant Agreement with the Sheriff of Broward County for funding for a command post vehicle; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT 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 hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 - 955- 8771(TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Please Print Name: Address: City: Subj( COMMENTS FROM THE PUBLIC Request to Address City Council 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: 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 Plaacp Print - .-- j i Nam Addr City: Subj( 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. L" CL > .p, O ...� pw pm L .r., a> C • • a� +•� y a� e� C W P.0 Pm v� •0 � •� o .% a� O O 40 O ¢+ ORO P-0 4.0 v L O .v *.a c o (U vi C •� Piz O c� � Q �, v � a� POEM p V .. �. � P4 -0 Po o Q o 0, 2 .4 C� � � PW it ~ .O � W PEA • �., P •C% V o ..i y V1 Q You may recall at the last Council meeting, I spoke about an art piece that was being created by Mark Fuller in tribute to Hank Skokowski. We have been contacted by the Hank Skokowski Art in Public Places Foundation Fund and they would like to donate this piece to the City to be placed on one of the benches located in City Hall Plaza. Staff is currently working with the Foundation to finalize all the details in time for the unveiling which is scheduled for February 14th from 4:00 — 6:00 here at City Hall. Are there any members from the foundation here tonight? Does the Council have any questions? Again, the plans in honor and pay tribute to Hank will be on the 14th at 4:00. Hope to see you there. 41IResolution 13, 2W - Bombr$ Sip Walvat at Parcel 27.05/.06. A Resolution of the Cdr. Council of the City of Palm Beach G Florida approving throe waivers from City Cope` section 78 -285, Pamked Signs, to allow fot do installation of a"tionajl signs for xtaail bw,*Wb�g2 at parcel 27.05!.06, !oaten within the Center Development of Regional Impact MOM more particularly de=*W herein; 4pnoviding $obit condition of approval; and p oviding an eft five date. Staff Report on Page 51. Ordinance on Pa §&6) Ordinance 5, 2005 — Egg the City of Palm Beach Gardens fiom -rho early voting provision. (2" � Ramdina and Adoption) A Ordinance of the City Council of the City of Palm Beach Gardens, Florida related to election; creatmg a new section 26-23 Code of Ordinanop to be entitled "Early Voting Eiaanption�' Providing for ion; and proving a effective date., fi N kO a; 00 -J O O E � s 0 4-J •1--► 0 O O C Q N N p1 N cn .a � N 'a — O �p C � N E O O Q U_ V o= i •0 O i rz U u •� C O O U Qj N C O 06 ~ V V ^ ^ Cn %-.000 V O a) O E O � � L fu C a'' C: 0-0 OC .- L 0 .Q x N > o fo O L Q� O Cr to m O .- -a O O � O � cu N 4-J cn fo c: E � LI— O L U O ON d- o °O O N O N M V M � O U N � O C N N > a-J 7j E L O O 61 a1 O � -0 ro > Q� •V u E C cu U CD O O (o L V O .Q .Q O cu N C .� � O O "_ L An 0 .c •U "d cp M N O cu cu L i > N i O- O O ca O U E > c •"-' o .o — C — ry C � .� .O ,vp L O �� O ra Q ,� aj c o " � cu c °�E� ._w -v r O �� c o fu L o •E '� � o �E � O c� -a 0 c .0' OrVa cu E w E E ' cu 4-J .n o � `� O a c 3 ra, •u 0 aj c ra i � V) Q O m L L O C O a1>.v u O Cu O CU u N .6j CU OL N E m Q V -0 O E .O C 2 O O > C 4- •> E O � N .O '� O O 4 '� �, C O \ "O C N •Q N t o 0 O O N > O t L O '� cu y E u0i p ,� N 0 �;' ,tn N O O O N Zj 0. ^ N (d O. ui O 0 O N N L O C L O Q� C). Q� cu .O Q cu W C6 V L V O V = O E Q L O O V L O O O O E O O L > O E C O w .in .� C u) E O O L C O L a. O O- a � O � O � � O O � � � O C O 'a O 0 fo Q t&. (D I O O E Owl iv O O a-J c 0 �O L O L .� ■: •> I = O V OO •f O L 'i O Q V 0 O Ln C :E O � fo LU o Qj co O CD- Q cv C E CD- 0 4_ O n� L I V L a-J 4..+ L O fl. O C V C (p E X O .0 L O O ca Ln fu 4-j •— 01 Ln E -c '� Q L _'� ' C C 0 O N C pn C O :P O L �. Cn � •� C Q�j .O O Ln N O O C — > O d N 4-J N L O C: C O _ O .V O O HO : N fu c u O O �\ (n � L 4-J 4-1 ;-' Q� L i4--1 � Q cu C O O i a.J 21 L O a) =1 CU > w (n {- a- J �' (n Q �1 0 C CL a--i fo 0 i O C� .O fa v > L A �0-0 QL � L .O Cn fo O -0 p � Q� o-- o 4.4 O � C u X 4 O � O C cv (v Q. E D. N -0 -0 N C -a O cn N > � O i fa QJ "d N _0 Q� in �cu�aawi V N in m C -C I., Id6Vito DeFrancesco To: Sent by: Vito cc: DeFrancesco 01/26/2005 02:07 PM Subject: Talal and Kara, tbenothman @pbgfl.com, kirwin @pbgfl.com piaesq @yahoo.com, dchard @orman.org, jennifer sorentrue @pbpost.com, dchard.post @dca.state.fl.us, DWEISBER @ co.palm- beach.fl.us, KMARCUS @co.palm - beach.fl.us, LBERGER @ co.palm - beach.fl.us Borland documented recorded at PB County I have two documents that are recorded at the PB County Court House which I will attach to an e-mail and send you. These files are somewhat large so I will send two separate e- mails. (PB County records "Book17938 /Page1702 thru 1707 and Book17794 /Page1700 thru 1705) On Oct 13, 2004 and December 22, 2004, Ray Underwood signed documents giving away certain rights on the property he owns. Each document identifies and includes 47.1 acres more or less, thus including the land for the Shady Lakes drive right -of -way. Ordinance 10, 2003 and LDR 78 -77 required this land to be deeded to PBG within 30 days from the Development Order or the concurrency reservation would have expired at the end of 2003 instead of the end of 2004. As you will recall, Ordinance 10, 2003 was the first time ever that a concurrency reservation was extended by PBG for a development that did not possess a Development Order and because of that fact, conditions with specific a time table was placed on the developer to insure compliance to this gift that PBG gave to the Borland. The development Order was issued in the first week of August 2004, yet Ray Underwood (the owner of record for this site) is giving away certain interest in this land as late as December 22, 2004. You told me last evening that you had some sort of document about an additional land transfer, I would hope that the date of the instrument you mentioned is dated later than the December 22, 2004 instrument that is recorded at the PB County Court House. Have a great day. Vito DeFrancesco 91 Borland 12- 22- 2004.pc PacM of 6 DMWF, this Memorandiun of Developer Agreement was executed this a appurtenances contained therein, as may be reasonably necessary to carry out the purpose of this CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council DATE: February 2, 2005 FROM: Charles K. Wu, Growth Management Administrator THRU: Sheryl Stewart, Assistant to the City Manager_ SUBJECT: 2004 Build -out Date Time Extensions This report is being provided in response to the directive from the Council meeting on January 20, 2005. In accordance with the provisions of Ordinance 10, 2003, as codified in Section 78 -61 of the City's Land Development Regulations, the City's Growth Management Department has approved a three (3) year Administrative Time Extension to the build -out date for each of the following projects from December 31, 2004, to December 31, 2007: 1. Doubletree Hotel PUD 3. Gables PCD 5. Weiss School PUD 7. Mirasol Walk PUD 9. Donald Ross Village PUD 11. RCA Center PUD (Parcel 5B) 13. Legends at the Gardens PUD 2. Borland Center PUD 4. PGA Commons Parcel 2 PUD 6. Gardens Station PUD 8. Mirasol PCD 10. Northlake Square West PUD 12. Batt School PUD 14. Frenchman's Reserve PCD Also in accordance with the provisions of Ordinance 10, 2003, the City's Growth Management Department has issued a "Determination of Project Build -Out" for the following projects (a Determination of Project Build -Out allows building permits to be issued for a project subsequent to the expiration of the build -out date since the project has satisfied the criteria to be deemed built -out; said criteria is established in Section 2, Page 5 of Ordinance 10, 2003, as codified in Section 78 -61(d) of the City's Land Development Regulations; Ordinance 10, 2003 is attached hereto for your reference): 1. City Centre PUD 2. Promenade Plaza PCD 3. PGA Commons Parcel 3 PUD The 17 projects listed above were required to pay the City of Palm Beach Gardens Road Impact Fees for all un -built square footage prior to the approval of the Administrative Time Extensions and Determinations of Project Build -Out. In total, the City collected $3,958,023.53 as payment of said fees. The Admiralty II PUD, the Speedway PUD located at the corner of PGA Boulevard and Prosperity Farms Road, and the Oakpark Office Condominium PUD have a build -out date of December 31, 2004, and have square footage entitlements remaining in the projects' development approvals that have not yet been constructed. The property owners were notified by the City in writing in advance of the expiration of the build -out date that the concurrency reservation was to expire on December 31, 2004, if an application for an Administrative Time Extension was not submitted to and approved by the City prior to said date. Due to the fact that said projects either chose not to submit an application for an Administrative Time Extension to the build -out date or failed to satisfy the requirements for said time extension, the concurrency reservation for said projects has expired. To date, only the Oakpark Office Condominium PUD has reapplied for traffic concurrency for the un -built portion of the project's development approval since the expiration of the project's build -out date. Said traffic concurrency application is currently being reviewed by the City and the Palm Beach County Traffic Division. Should you have any questions or comments with regard to this matter, please feel free to contact me. cc: Ronald M. Ferris, City Manager Christine P. Tatum, City Attorney Talal M. Benothman, Planning and Zoning Division Director Michael J. Sanchez, Senior Planner Daniel P. Clark, City Engineer Judy Dye, Assistant City Engineer Date Prepared: April 21, 2003 Date Revised: September 12, 2003 As Amended at First Reading: October 16, 2003 1 ORDINANCE 10, 2003 2 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM s BEACH GARDENS, FLORIDA RELATING TO BUILD OUT DATES 6 FOR DEVELOPMENT ORDERS; AMENDING SECTION 78 -61, 7 CODE OF ORDINANCES ENTITLED "EFFECTIVE PERIOD OF 8 DEVELOPMENT ORDERS AND ENFORCEMENT CONDITIONS;" 9 AMENDING SECTION 78 -77, CODE OF ORDINANCES ENTITLED 10 "CONCURRENCY CERTIFICATES;" PROVIDING FOR 11 CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in accordance with Section 78 -61 (c) of the City Code of is Ordinances, the expiration dates for development approvals for Planned Unit 16 Developments, Parcels within Planned Community Districts, and Site Plans are 17 governed by the build out period of the development as referenced in the required 18 traffic impact analysis; and 19 20 WHEREAS, existing Section 78 -61 (f) of the City Code of Ordinances provides a 21 procedure by which the City Council may extend the time limit for a development order 22 beyond the build out date, provided that the developer applies for such time extension 23 and submits an application which includes, among other things, an updated traffic 24 impact analysis and a narrative addressing the good faith efforts and progress of the 25 developer; and 26 27 WHEREAS, the City and the development community have been engaged in a 28 cooperative effort to reduce the amount of trips generated by new development and to 29 create a comprehensive solution to traffic congestion within the City, particularly along 30 PGA Boulevard; and 31 32 WHEREAS, the City Council of the City of Palm Beach Gardens adopted 33 Ordinance 50, 2002 which extended the expiration dates for approved development 34 orders for Planned Unit Developments, Parcels within Planned Community Districts, 35 and Site Plans expiring prior to January 1, 2003, to December 31, 2003; and 36 37 WHEREAS, after adoption of Ordinance 50, 2002, the City Council directed staff 38 to initiate a modification to the City's Land Development Regulations to more clearly 39 define the "build out date" for approved development orders; and 40 41 WHEREAS, such modification has been prepared and includes provisions for the 42 modification of project build out dates; and 43 44 WHEREAS, the City Council of the City of Palm Beach Gardens hereby 45 determines that the adoption of the text amendment to the City's Land Development 46 Regulations is in the best interest of the residents and citizens of Palm Beach Gardens. Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 NOW, THEREFORE, BE IT ORDAINED 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. s 6 SECTION 2. Section 78 -61, Code of Ordinances entitled "Effective Period of 7 Development Orders and Enforcement Conditions," is amended to read: 8 9 Sec. 78-61. Effective period of development orders and enforcement of 10 conditions. 11 12 (a) Intent and purpose. The intent and purpose of this division shall be the items 13 listed below: 14 is (1) Growth management act. In conformity with and in furtherance of the 16 purpose of Chapter 163, Part II, entitled "the Local Government 17 Comprehensive Planning and Land Development Regulation Act," referred 18 to in this chapter as the Act, this division establishes and implements time 19 limitations upon the initiation and completion of development to ensure that 20 public facilities and services shall be available concurrent with the impacts 21 of development. This division is intended to ensure the efficient and 22 equitable distribution of capital facilities and services to proposed 23 developments. The approval of proposed developments has caused the city 24 to budget for and to reserve capacity for capital facilities and to plan for the 25 delivery of services to the proposed development within the time prescribed. 26 In order to ensure development has been initiated and is proceeding 27 consistent with this division, the city shall monitor and review approved 28 development orders; to ensure consistency with the intent and purpose of 29 this division; and to further the goals, objectives, and policies of the city's 30 comprehensive plan by: 31 32 a. Increasing 'the availability of capital facilities and services for future 33 developments by removing capacity reserved for approved 34 developments that do not meet the requirements of this division by 35 initiating and completing development within the time prescribed by this 36 chapter or development approval; 37 38 b. Minimizing the creation of an inventory of residential, commercial, and 39 industrial development which is artificially inflated; 40 41 c. T-e-eEnhanceipg the value and use of land within the city by identifying 42 and providing a system to revoke or amend development orders which 43 have not been fully executed; and 44 45 d. Te- eEnsureing compliance with conditions of development approval. 2 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 i (b) Suspension of development orders. Suspension of development orders may 2 occur upon failure to comply with one or more time requirements or failure to comply 3 with a condition of development approval. 4 5 (1) Expiration of time periods. Upon expiration of any time period established 6 by this chapter or failure to comply with, or continued violation of, a 7 condition of development approval, no new development orders affecting 8 the property shall be issued by the city, and no action which might tend to 9 vest the development order shall be permitted, until a final determination is 10 made pursuant to subsection (g) of this section. This suspension of 11 development rights shall not preclude the property owner from filing a new 12 petition for the subject property to amend or supersede an existing 13 development order, or the city council or planning and zoning commission 14 from approving this petition. If the property owner files a new petition, no 15 new development orders shall be issued until the completion of the zoning 16 process, except the development order which approves the petition. 17 18 (2) Effect of suspension. This suspension of development rights shall have the 19 following effect on new petitions and code enforcement action: 20 21 a. If the property owner files a new petition, no new development orders 22 shall be issued until the completion of the zoning process; except the 23 development order which approves the petition. 24 25 b. If the city council or the planning and zoning commission directs staff to 26 cite the property owner for violating the provisions of the development 27 order, new development orders shall not be issued until the alleged 28 violation has been ruled upon by the code enforcement board and any 29 enforcement action is completed; or penalty is satisfied. This shall not, 30 however, preclude compliance with the specific condition after the city 31 council or planning and zoning commission has directed the code 32 enforcement division to cite the property owner for noncompliance with 33 that condition. 34 35 (c) Time limitations. Every development order shall include a time limitation by 36 which build out of the project shall occur. Development appFevals shall have time 37 . 38 39 (1) Variances. Unless the planning and zoning commission board 40 appeals determines otherwise, an owner of record or successors or assigns 41 shall commence construction of the improvement or improvements which 42 are the subject of the variance within 12 months from the date of approval. 43 Time extensions for such a development approval shall not be granted. If 44 implementation of an approved variance is not initiated within such time 45 frame, the approval shall be null and void. Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 (2) Conditional uses. Such uses shall be initiated and placed in continuous use 2 within two years or as otherwise provided in the development order 3 approving such use. 4 5 (3) Planned unit developments PlanRed unit develepment Ghall GOMPly with the 6 ents provided belew- 7 8 9 10 11 12 13 14 15 16 (3) Planned Unit Developments (PUD). An approved planned unit 17 development shall have a build out date established in the development 18 order, which date shall be based upon the required traffic impact analysis 19 for the PUD. 20 21 inity diStFintc.. EaGh narnel within an 22 23 the of plats, tG the build the GGrnmunity diGtFiGt, as referenGed 24 25 26 PFiGF out peded of planned n the FequIFed tFaAr. impaGt aRalysis. 27 (4) Planned Community Districts (PCD). An approved PCD and each parcel 28 within an approved planned community district shall have a build out date 29 established in the development order, which date shall be based upon the 30 required traffic impact analysis for the PCD. 31 32 below. 33 34 a. Resident4al site plaRG shall haye the FeGGFdatien -of all Plats and the 35 36 build out pe�iedl of the site plans as refeFeRGed "R the FeqUiFed tFa 37 FnpacA anal, 38 39 b. NORFeSidential 40 deye 63m ent& iR r Qip.{ eT t , aS— Fe{ erenGed in the r ,iFed tFaffiG 41 iGt analysis. 42 43 (5) Site plans not within a PCD or PUD. Site plans shall have a build out date 44 established in the development order, which date shall be based upon the 45 required traffic impact analysis for the site plan. 4 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 (6) Development of regional impact. Time limitations pursuant to development 2 orders for developments of regional impact which have been approved after 3 August 18, 1994, shall be governed by the development order rendered for 4 the project, as required pursuant to Section 380.06(15)(c) 2 and 3, Florida 5 Statutes. 6 7 (7) Development orders approved prior to {date of this ordinance} -2003. s 9 a. If a build out date established in a PUD, PCD or Site Plan development 10 order has expired, or will expire before December 31, 2004, the build out 11 date shall be deemed extended to December 31 2004. 12 13 b If no build out date was established in a PUD PCD or Site Plan 14 development order, the build out date shall be December 31, 2004. 1s 16 (d) Determination of Project Build Out 17 18 (1) A PUD shall be deemed built out when (a) all plats for the PUD have been 19 recorded; (b) all on -site infrastructure within the PUD (roads, sewer, water, 20 and drainage) has been completed; (c) all common area landscaping for the 21 PUD has been installed or guaranteed; and (d) all traffic impacts have been 22 mitigated or guaranteed by performance security. 23 24 (2) A non - residential PCD shall be deemed built out if (a) installation of all 25 infrastructure (roads, .sewer, water, and drainage) has been completed; (b) 26 building permits for square footage generating 85% of the total average 27 daily trips as determined by the concurrency approval have been issued (c) 28 all traffic impacts have been mitigated or guaranteed by performance 29 security; and (d) all, common area landscaping for the PCD has been 30 installed or guaranteed by performance security. 31 32 (3) A residential PCD shall be deemed built out if (a) installation of all 33 infrastructure (roads, .sewer, water, and drainage) has been completed; (b) 34 all plats for the PCD have been recorded; (c) all traffic impacts have been 35 mitigated or guaranteed by performance security; and (d) all common area 36 landscaping for the PCD has been installed or -guaranteed by performance 37 securl . 38 39 (4) An individual pod within a PCD may be deemed built out if the pod has 40 been platted and all other criteria in subsection (2) for non - residential pods 41 or subsection (3) for residential pods have been met for the individual pod. 42 43 44 45 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 (5) Site plans not within a PUD or PCD shall be deemed built out if (a) 2 installation of all infrastructure (roads, sewer, water, and drainage ) has 3 been completed; (b) building permits for square footage generating 85% of 4 the total average daily trips as determined by the concurrency approval 5 have been issued; and (c) all traffic impacts have been mitigated or 6 guaranteed by performance security, s L}e ()Accountability. It shall be the responsibility of the owner of record at the time 9 of the approval; or successors or assigns to monitor and adhere to the time limitations to imposed by this division. Failure of the owner of record or successors or assigns to 11 request an extension within such time frame shall render the development approval null 12 and void. 13 14 ffL(e)Notitication. Notwithstanding that it is the responsibility of the owner of record, 15 successors, or assigns to monitor and adhere to the time limitations imposed by this 16 division, the city may, at its sole discretion and without further responsibility, provide the 17 owner of record, successors, or assigns with a written courtesy notice of the pending 18 expiration of a development approval. This notification is not intended to supplement 19 state law or to form the basis for a property owner to allege that the owner's rights to 20 notice or due process have been violated or abridged if the owner does not receive a 21 timely courtesy notice or any courtesy notice whatsoever. 22 23 (Lff4Extensions of time limitations. The following procedure shall govern the review 24 of an application to extend the time limit for a development order or conditions of 25 approval. -: 26 27 (1) Minor administrative extensions of time. The department may issue one 28 90 -day minor administrative extension for the recordation of a plat, 29 installation of all infrastructure, and /or the installation of common 30 landscaping prior to the build out of a residential development; or for the 31 completion of a nonresidential development, in its entirety, as referenced in 32 subsection (c) of this section, for a project that has reached a point of 33 substantial completion, but will not be completed prior to the expiration date 34 of the development order. This extension is subject to the owner's 35 satisfaction of all criteria listed below: 36 37 a. The submission of a complete application, together with the appropriate 38 fee, at least 60 calendar days prior to the build out of a phase or the 39 build out of the development. 40 41 42 43 44 45 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 b. Fees and submission of all receipts evidencing payment to the city for 2 the following, as applicable: 3 1. Plan review; 4 2. Building permit; 5 3. Engineering approval; and 6 4. An executed potable water and sanitary sewer service agreement. 7 s 9 an app'iG-- i.-n to extend the time knit f0F a development eFder is pFevided 10 below. 12 a. The ner Of FeGeFd Fnay submit to the gFe%4h management dep-artmeRt 13 an .. .. of a develop 14 The 15 aPPFGPFiate fee to the -der-v,.t .. ►0 the department 21 SUfAG'eRt fRfGFFnat'GR to evaluate the need f9sr an wdensien. The 22 appliration shall be evaluated based upon the standaWs G4 sylpeevAi-M (9(3) of this 6eGtiGR, as well as any GtheF infeFmatieR it deteFFnines to be 24 felevaRt-. 25 26 G. The informatien listed in this GubseGtien, at be F6qUiFed 40 a minimum, shall 27 41 eFiqiRal devellopmenterdec-, 28 OF nenexistenc;e of rUGh infoFmation shall be the basis of Feyiewing the 29 . 30 39 40 ... 41 eFiqiRal devellopmenterdec-, 42 ... , -a'-- -a FeGOFAmendatiOR impaGt analysis 37 sheuld be requKed, based UPOR, but not limited to, the fGIIGWiRg -r..Anr .... 39 40 41 eFiqiRal devellopmenterdec-, 42 43 , 44 45 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 .. 4 Relative size and type ef the project. 5 17 • 18 (iv) The wrnpletion andler progress .: .. 19 the expenditure inGUFFed eF the establishment Griteria whiGh will 20 21 1 G of Fight of way er atheF pubfiG dediGatien&j .• 22 •: efforts progress 24 25 (v;;) Finandng and eG 26 10 (i) TM RUrnbeF, type, the property professionals .. to design 29 a WFm#eR GORsent to petition by all , 30 ; .. .. 31 and seGUFe 32 if a GentFaGt purGhase, writterl 12 The type from the number and of Prunv-AIG obt-ained 13 My 37 , and 38 of the owneF 39 15 The timeliness .. numbw pnd ef plats and/eF phases -d 17 18 (iv) The wrnpletion andler progress of the site improvements and 19 the expenditure inGUFFed eF the establishment Of 6LIFety theFeGf; 20 21 1 G of Fight of way er atheF pubfiG dediGatien&j 22 23 ; and 24 25 (v;;) Finandng and eG 26 27 applirant's the property a 28 29 a WFm#eR GORsent to petition by all , 30 ; 31 32 if a GentFaGt purGhase, writterl G^ensenti of the seller cr v`v" Rer-; O 33 34 ZI 35 , 36 37 , 38 of the owneF 39 43 rorperation, partneF6hip, or bu6iness entity or, in lieu there 44 Wri--n proof that he eF she is in !aGt an G#iGer 45 GOFPeFatiGA; 0 M Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 .. 4 4. A warranty d8ed With aR affidavit from the appkaRt that the deed 5 FepreseRts the GUFrent OWRer&hip-. 6 d. Upon determining that all requiFed dGGUFnentatiOR has beeR subrnitted 7 and _rempleting ito revs --41-1 r 8 9 , 10 GOFnrnissien, 11 MeFe 12 13 . 14 15 to the maximum extent 16 . 17 3. Revoke the development order and rezme the propeFty to a Z-GRing 18 . 19 20 (2) Administrative extension of time. The Growth Management Administrator 21 may approve a one -time extension of up to 3 years. Notice of all time 22 extensions approved pursuant to this section shall be given to the City 23 Council. The time extension may be granted provided the following items 24 have occurred 30 days prior to the expiration of the approved build out date: 25 26 a. An appropriate application has been submitted. The application must 27 include Q) a schedule for completion of all infrastfuctures, landscaping, 28 and traffic amenities required in the approved development order; and 29 tii) a revised sales pro forma describing anticipated annual sales for the 30 project and the number of units left to sell for residential property and 31 anticipated sales or leasing of square footage for non - residential 32 property, 33 34 b. The owner of record at time of approval or successors or assigns has 35 completed or secured all traffic mitigation requirements of the approved 36 development order and traffic concurrence approvals. 37 38 c. The owner of record at time of approval or successors or assigns has 39 either paid all city road impact fees or received impact fee credits for the 40 entire approved project provided in the development order. 41 42 43 44 45 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 d. The owner of record at time of approval or successors or assigns has (i) 2 dedicated and conveyed to the city any public road rights -of -way 3 required in the original development order or (ii) conveyed or dedicated 4 any perpetual public access easements required in the original 5 development order. 6 7 (3) Additional time extensions. The Growth Management Administrator may 8 approve two additional consecutive 1 -year time extensions after the 9 administrative time extension, provided that the following items have 10 occurred 30 days prior to the expiration of the previously extended build out 11 date: 12 13 a. An appropriate application has been submitted. The application must 14 include a revised sales pro forma describing anticipated annual sales for 15 the project and the number of units left to sell for residential property 16 and anticipated sales or leasing of square footage for non - residential 17 property and any additional information requested by the Growth 18 Management Department. 19 20 b. The owner of record at time of approval or successors or assigns shall 21 have completed the recordation of all plats. 22 23 c. The owner of record at time of approval or successors or assigns shall 24 have completed the installation of all common landscaping required in 25 the development order. 26 27 28 * * ** 29 30 31 SECTION 3. Section 78 -77, Code of Ordinances entitled "Concurrency 32 Certificates," is amended to read: 33 34 Sec. 78 -77. Concurrency certificates. 35 36 (a) Exemptions. There are specific projects or development that are exempt from 37 concurrency and will be issued a certificate of exemption by the department upon an 38 application for a development permit or the granting of a time extension for a 39 development order. These exemptions are identified below: 40 41 (1) Vested development. Vested means any project for which a development 42 order has been granted prior to the adoption of the city concurrency 43 management system, and the project has progressed in accordance with 44 the concurrency requirements of the development order and the city's land 45 development regulations. 10 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 (2) Amendment to a vested development. A change to a vested project that 2 does not create additional impacts provided that the project is in compliance 3 with the original development order and any amendments thereto. 4 5 (3) No additional impacts. Accessory buildings or structures that do not create 6 additional impacts on public facilities. 8 (4) Replacement. Replacement of an existing structure without creating any 9 additional impacts. 10 11 (5) Certain residential lots. Single- family and duplex residential units to be built 12 on existing platted or unplatted lots that were created prior to the adoption 13 of the city concurrency management system. 14 15 (6) Developments of regional impact. Developments of regional impact 16 approved prior to the adoption of the city concurrency management system 17 and being implemented in compliance with Chapter 380, Florida Statutes. 18 The city shall issue such projects a certificate of exemption; indicating the 19 specific reason such project is exempt and the specific amount of 20 development, including number and type of residential units, number and 21 type of nonresidential building square feet, and any maximum development 22 limit, such as number of trips, phasing, or specific build out dates that may 23 be associated with such project. 24. 25 (b) Time extensions. If the pr4DjeGt has net progressed in arGordanG8 with the 26 , 27 28 shall make a finding that the develepeF har, SUAG%eRtly GGrnplied with GGFtaiR Fn;RiF"UM 29 Griteda in grantiRg a time wden6ien. The following shall be i i 'teF;a used bOhe 30 Gity G0unGiI in evaluating the good faith efforts and progFess of the developeF. 31 32 (1) If an extension of a development order is granted pursuant to Section 78- 33 61(g), the certificate of concurrency reservation shall be deemed extended 34 to the same date. 35 36 (2) If a certificate of concurrency reservation is scheduled to expire on or 37 before December 31 2003, the Growth Management Administrator may 38 extend the reservation until December 31, 2004, provided the following 39 conditions are met: 40 41 i. A complete and sufficient development application is received by the 42 City no later than March 31, 2004; and 43 44 ii. A development order approval is granted prior to December 31, 2004; 45 and m Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 iii. All Linkage Road or City Thoroughfare right-of-way designated in the 2 comprehensive plan is conveyed to the city within thirty (30) days of 3 the date of the development order approval. 4 5 , 6 . 7 (2) P-errnits- obtained. The number and type 8 fFGM the ^ity and ether regulate 9 10 11 phases Gempleted, if appliGable. 12 13 (4) Site impFeyements. The raompletion OF pFogress of the site impr-evements 14 and the expenditWe inGUFFed oF the e6tablishrAents 9f SUFety theFeef-. 15 16 . 17 18 . 19 20 (7) EE;eRorniGG. The GFit9ria enuFneFated above shall be utilized by the Gity 21 , 22 and relianr.,e upon aGtIens of the Gity, 23 24 , 25 26 27 28 f6gulatie%. 29 30 (c) Certificate of concurrency reservation. This certificate is issued by the 31 department and constitutes proof that adequate public facility capacity exists and is 32 reserved to accommodate a proposed project at the time a project's impacts will occur. 33 34 (d) Certificate of conditional concurrency reservation. This certificate is issued if the 35 department determines the criteria listed below are applicable. -_ 36 37 (1) Lack of capacity. The department determines that there is not sufficient 38 public facility capacity with regards to a given project. 39 40 (2) Development order approval. The applicant is desirous of requesting 41 development order approval for an application. 42 43 44 45 12 Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 1 (3) Installation of required improvements. The applicant enters into 2 negotiations with the city to expand public facility capacity, at the applicant's 3 expense, in accordance with the adopted level of service as set forth in the 4 capital improvement element of the comprehensive plan and the land 5 development regulations. Once the applicant and the city reach a mutually 6 acceptable understanding, a developer agreement shall be prepared and 7 shall become part of the development order. This agreement will ensure 8 that adequate public facility capacity will be available at the time of project 9 impacts. 10 11 SECTION 4. Codification of this Ordinance is hereby authorized and directed. 12 13 SECTION 5. It is the specific intent of the City Council that the amendments to 14 Section 78 -61(g) relating to "Extensions of Time Limitations" shall supercede and 15 replace any conditions of approval contained in previously adopted development orders 16 which impose a different process for requesting and granting time extensions. 17 18 SECTION 6. This Ordinance shall become effective immediately upon adoption. 19 20 21 22 23 (The remainder of this page left intentionally blank) 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST• Date Prepared: April 21, 2003 Date Revised: August 29, 2003 As Amended at First Reading: October 16, 2003 Ordinance 10, 2003 aOC PASSED this (--day of 0•CTa(3M , 2003, upon first reading. PASSED AND ADOPTED this 69e day of NouGm4atz , 2003, upon second and final reading. FOR AGAINST ABSENT 2:7 29 BY: 30 _ r Patricia Snider, City Clerk 31 32 APPROVED-- TO FORM AND 33 LEGAL SUFFICIENCY 34 35 }�� f 36 BY: 37 Christine P. Tatum, City Attorney 38 39 40 41 42 43 44 45 G: \attorney_share \ORDINANCES \Build Out Text Amendment Ordinance final.doc 14