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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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OTHER 51GNAGE IN
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MOUNTED TO FASCIA w/ MOUNTING BOLTS
AS REQ'D
DRAWING NO. DATE DRAWN BY REVIEW
2845 PGA BLVD I 04083585 T2 7/13104 JM
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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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
purpose of nominating or electing candidates to public office, choosing dele-
gates to the national nominating conventions of political parties, or submit-
ting an issue to the electors for their approval or rejection.
(7) "Issue" means any proposition which is required by the State Consti-
tution, by law or resolution of the Legislature, or by the charter, ordinance,
or resolution of any political subdivision of this state to be submitted to the
electors for their approval or rejection at an election, or any proposition for
which a petition is circulated in order to have such proposition placed on the
ballot at any election.
(8) "Person" means an individual or a corporation, association, firm, part-
nership, joint venture, joint stock company, club, organization, estate, trust,
business trust, syndicate, or other combination of individuals having collec-
tive capacity. The term includes a political party, political committee, or
committee of continuous existence.
(9) "Campaign treasurer" means an individual appointed by a candidate
or political committee as provided in this chapter.
(10) "Public office" means any state, county, municipal, or school or other
district office or position which is filled by vote of the electors.
(11) "Campaign fund raiser" means any affair held to raise funds to be
used in a campaign for public office.
(12) "Division" means the Division of Elections of the Department of
State.
(13) "Communications media" means broadcasting stations, newspapers,
magazines, outdoor advertising facilities, printers, direct mailing compa-
nies, advertising agencies, the Internet. and telephone companies; but with
respect to telephones, an expenditure shall be deemed to be an expenditure
for the use of communications media only if made for the costs of telephones,
paid telephonists, or automatic telephone equipment to be used by a candi-
date or a political committee to communicate with potential voters but
excluding any costs of telephones incurred by a volunteer for use of tele-
phones by such volunteer: however, with respect to the Internet, an expendi-
ture shall be deemed an expenditure for use of communications media only
if made for the cost of 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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
is a vacancy to be filled under s. 100.111(4), if there is a legal proceeding
pending regarding the right to a ballot position for the office sought by the
candidate, or if the candidate is seeking retention as a justice or judge.
(16) "Candidate" means any person to whom any one or more of the
following apply:
(a) Any person who seeks to qualify for nomination or election by means
of the petitioning process.
(b) Any person who seeks to qualify for election as a write -in candidate.
(c) Any person who receives contributions or makes expenditures, or
consents for any other person to receive contributions or make expenditures,
with a view to bring about his or her nomination or election to, or retention
in, public office.
(d) Any person who appoints a treasurer and designates a primary depos-
itory.
(e) Any person who files qualification papers and subscribes to a candi-
date's oath as required by law.
However, this definition does not include any candidate for a political party
executive committee.
(17) "Political advertisement" means a paid expression in any communi-
cations media prescribed in subsection (13), whether radio, television, news-
paper, magazine, periodical, campaign literature, direct mail, or display or
by means other than the spoken word in direct conversation, which ex-
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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
considered targeted if 1,000 or more persons in the geographic area the
candidate would represent if elected will receive the communication.
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.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
5. The full name and address of each person to whom expenditures have
been made by or on behalf of the committee within the reporting period: the
amount, date, and purpose of each such expenditure; and the name and
address, and office sought by, each candidate on whose behalf such expendi-
ture was made.
6. The total sum of expenditures made by the committee during the
reporting period.
(d) The treasurer of each committee shall certify as to the correctness of
each report and shall bear the responsibility for its accuracy and veracity.
Any treasurer who willfully certifies to the correctness of a report while
knowing that such report is incorrect, false, or incomplete commits a misde-
meanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(5) No committee of continuous existence shall make an 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.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
Any political advertisement paid for by an independent expenditure
shall prominently state "Paid political advertisement paid for by ...(Name
and address of person 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.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
Section 6. Section 106.1437, Florida Statutes, is amended to read:
106.1437 Miscellaneous advertisements. —Any advertisement, other
than a political advertisement, independent expenditure, or electioneering
communication, on billboards, bumper stickers, radio, or television, or in a
newspaper, a magazine, or a periodical, intended to influence public policy
or the vote of a public official, shall clearly designate the sponsor of such
advertisement by including a clearly readable statement of sponsorship. If
the advertisement is broadcast on television, the advertisement shall also
contain a verbal statement of sponsorship. This section shall not apply to an
editorial endorsement.
Section 7. Section 106.1439, Florida Statutes, is created to read:
106.1439 Electioneering communications; disclaimers.—
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.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
Section 11. Subsection (2) of section 101.5612, Florida Statutes, is
amended to read:
101.5612 Testing of tabulating equipment.—
(2) On any day not more than 10 days prior to the commencement of early
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
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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)...
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. .. ...
. .. . . . ..
.... . .. .
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)...
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
...(City /State)...
(b) Any elector may challenge an elector seeking to vote early east an
under the provisions of s. 101.111. Any challenged voter
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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
considered a contribution or expenditure to or on behalf of any such candi-
dates for the purposes of this chapter.
Section 15. Section 106.023, Florida Statutes, is amended to read:
106.023 Statement of candidate.—
Each candidate must file a statement with the qualifying officer
within 10 days after filing the appointment of campaign treasurer and
designation of campaign depository, stating that the candidate has read and
understands the requirements of this chapter. Such statement shall be
provided by the filing officer and shall be in substantially the following form:
STATEMENT OF CANDIDATE
I, ...., candidate for the office of ...., have received, read, and understand
the requirements of Chapter 106, Florida Statutes.
...(Signature of candidate) ... ...(Date)...
Willful failure to file this form is a violation of ss. 106.19(1)(c) and 106.25(3),
F.S.
(2) The execution and filing of the statement of candidate does not in and
of itself create a presumption that any violation of this chapter or chapter
104 is a willful violation as defined in s. 106.37.
Section 16. Paragraph (a) of subsection (8) of section 106.04, Florida
Statutes, is amended to read:
106.04 Committees of continuous existence. —
(8)(a) Any committee of continuous existence failing to file a report on the
designated due date shall be subject to a fine. The fine shall be $50 per day
for the first 3 days late and, thereafter, $500 per day for each late day, not
to exceed 25 percent of the total receipts or expenditures, whichever is
greater, for the period covered by the late report. The fine shall be assessed
by the filing officer, and the moneys collected shall be deposited in the
General Revenue Fund. No separate fine shall
be assessed for failure to file a copy of any report required by this section.
Section 17. Paragraph (a) of subsection (2), paragraph (a) of subsection
(4), and paragraphs (a), (c), and (d) of subsection (8) of section 106.07, Florida
Statutes, are amended to read:
106.07 Reports; certification and filing. —
(2)(a) All reports required of a candidate by this section shall be filed with
the officer before whom the candidate is required by law to qualify. All
candidates who file with the Department of State shall file the original and
one copy of their reports. In addition, a copy of each report for candidates
for other than statewide office who qualify with the Department of State
shall be filed with the supervisor of elections in the county where the candi-
date resides. Reports shall be filed not later than 5 p.m. of the day desig-
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
nated; however, any report postmarked by the United States Postal Service
no later than midnight of the day designated shall be deemed to have been
filed in a timely manner. 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.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
7. The full name and address of each person to whom an expenditure for
personal services, salary, or reimbursement for authorized expenses as pro-
vided in s. 106.021(3) has been made and which is not otherwise reported,
including the amount, date, and purpose of such expenditure. However,
expenditures made from the petty cash fund provided for in s. 106.12 need
not be reported individually.
8. The total amount withdrawn and the total amount spent for petty cash
purposes pursuant to this chapter during the reporting period.
9. The total sum of expenditures made by such committee or candidate
during the reporting period.
10. The amount and nature of debts and obligations owed by or to the
committee or candidate, which relate to the conduct of any political cam-
paign.
11. A copy of each credit card statement which shall be included in the
next report following receipt thereof by the candidate or political committee.
Receipts for each credit card purchase shall be retained by the treasurer
with the records for the campaign account.
12. The amount and nature of any separate interest - bearing accounts or
certificates of deposit and identification of the financial institution in which
such accounts or certificates of deposit are located.
(8)(a) Any candidate or political committee failing to file a report on the
designated due date shall be subject to a fine as provided in paragraph (b)
for each late day, and, in the case of a candidate, such fine shall be paid only
from personal funds of the candidate. The fine shall be assessed by the filing
officer and the moneys collected shall be deposited:
1. In the General Revenue Fund, in the case
of a candidate for state office or a political committee that registers with the
Division of Elections; or
2. In the general revenue fund of the political subdivision, in the case of
a candidate for an office of a political subdivision or a political committee
that registers with an officer of a political subdivision.
No separate fine shall be assessed for failure to file a copy of any report
required by this section.
(c) Any candidate or chair of a political committee may appeal or dispute
the fine, based upon, but not limited to, unusual circumstances surrounding
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
the failure to file on the designated due date, and may request and shall be
entitled to a hearing before the Florida Elections Commission, which shall
have the authority to waive the fine in whole or in part. The Florida Elec-
if any, to be waived. Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the candidate or chair of
the political committee shall, within the 20 -day period, notify the filing
officer in writing of his or her intention to bring the matter before the
commission.
(d) The appropriate filing officer shall notify the Florida Elections Com-
mission of the repeated late filing by a candidate or political committee, the
failure of a candidate or political committee to file a report after notice, or
the failure to 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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
the campaign treasurer shall be notified by registered mail as to why the
report is incomplete and be given 3 days from receipt of such notice to file
an addendum to the report providing all information necessary to complete
the report in compliance with this section. Failure to file a complete report
after such notice constitutes a violation of this chapter.
2. In lieu of the notice by registered mail as required in subparagraph 1.,
the qualifying officer may notify the campaign treasurer by telephone that
the report is incomplete and request the information necessary to complete
the report. If, however, such information is not received by the qualifying
officer within 3 days after of the telephone request therefor, notice shall be
sent by registered mail as provided in subparagraph 1.
(3) Reports required of a political committee shall be filed with the
agency or officer before whom such committee registers pursuant to s.
106.03(3) and shall be subject to the same filing conditions as established
for candidates' reports. 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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
not be an allowable campaign expenditure and shall be paid only from
personal funds of the candidate. An officer or member of a political commit-
tee shall not be personally liable for such fine.
Section 19. Effective January 1, 2005, section 106.0705, Florida Statutes,
is created to read:
106.0705 Electronic filing of campaign treasurer's reports. —
(1) As used in this section, "electronic filing system" means an Internet
system for recording and reporting campaign finance activity by reporting
period.
(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.
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
(a) Alternate filing procedures in case the division's electronic filing sys-
tem is not operable.
(b) For the issuance of an electronic receipt to the person submitting the
report indicating and 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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
funds remain. All funds disbursed pursuant to this subsection shall be
remitted to the qualifying officer. Any reimbursement for petition verifica-
tion costs which are reimbursable by the state shall be forwarded by the
qualifying officer to the state for deposit in the General Revenue Fund. All
reimbursements for the amount of the election assessment shall be for-
warded by the qualifying officer to the Department of State for deposit in
the General Revenue Fund.
Section 21. Subsections (2) and (4) of section 106.25, Florida Statutes, are
amended to read:
106.25 Reports of alleged violations to Florida Elections Commission;
disposition of findings.—
(2) The commission shall investigate all violations of this chapter and
chapter 104, but only after having received either a sworn complaint or
information reported to it under this subsection by the Division of Elections.
Any person, other than the division, having information of any violation of
this chapter or chapter 104 shall file a sworn complaint with the commis-
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
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
provided in this section, together with a written statement of the findings
of the preliminary investigation and a summary of the facts which the
commission shall send to the complainant and the alleged violator.
(b) If probable cause is found, the commission shall so notify the com-
plainant and the alleged violator in writing. All documents made or received
in the disposition of the complaint shall become public records upon a find-
ing by the commission.
In a case where probable cause is found, the commission shall make a
preliminary determination to consider the matter or to refer the matter to
the state attorney for the judicial circuit in which the alleged violation
occurred.
Section 22. Subsection (5) is added to section 106.265, Florida Statutes,
to read:
106.265 Civil penalties. —
(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)
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Ch. 2004 -252 LAWS OF FLORIDA Ch. 2004 -252
(b) Upon determining that a report is late, the filing officer shall immedi-
ately notify the chair of the executive committee as to the failure to file a
report by the designated due date and that a fine is being assessed for each
late day. The fine shall be $1,000 for a state executive committee, and $50
for a county executive committee, per day for each late day, not to exceed
25 percent of the total receipts or expenditures, whichever is greater, for the
period covered by the late report. However, if an executive committee fails
to file a report on the Friday immediately preceding the general election, the
fine shall be $10,000 per day for each day a state executive committee is late
and $500 per day for each day a county executive committee is late. Upon
receipt of the report, the filing officer shall determine the amount of the fine
which is due and shall notify the chair. The filing officer shall determine the
amount of the fine due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier company is dated.
5. When the electronic receipt issued 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.
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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.
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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
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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.
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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)
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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
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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.
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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.
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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
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-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.
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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.,
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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.
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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 ,
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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.
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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.
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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
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35 }�� f
36 BY:
37 Christine P. Tatum, City Attorney
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45 G: \attorney_share \ORDINANCES \Build Out Text Amendment Ordinance final.doc
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