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HomeMy WebLinkAboutAgenda Council Agenda 080912 CITY OF PALM BEACH GARDENS COUNCIL AGENDA August 9, 2012 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. HONDA CLASSIC FOR SPONSORSHIP OF THE GARDENS GAMES PROGRAM. b. PALM BEACH SOCCER ACADEMY FOR SCOREBOARD SPONSORSHIPS AND DONATION OF SOCCER GOALS. c. CHAMBER OF COMMERCE PRESIDENT/CEO BETH KIGEL. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5) APPROVE MINUTES FROM JULY 11, 2012 SPECIAL CITY COUNCIL MEETING. b. (Page 7) APPROVE MINUTES FROM JULY 12, 2012 CITY COUNCIL MEETING. c. (Staff Report on Page 17, Resolution on Page 19) RESOLUTION 44, 2012 – CENTRAL GARDENS PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin d. (Staff Report on Page 28, Resolution on Page 30) RESOLUTION 65, 2012 – RENEW SPECIAL MAGISTRATE CONTRACT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REAPPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT SPECIAL MAGISTRATE; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KEVIN M. WAGNER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 37, Resolution on Page 39) RESOLUTION 74, 2012 – CONTRACT AWARD – EMS BILLING – 3RD PARTY BILLING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC. DBA INTERMEDIX FOR EMERGENCY MEDICAL SERVICES THIRD-PARTY BILLING AND REPORTING SERVICES; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. (Staff Report on Page 46, Resolution on Page 48) RESOLUTION 75, 2012 - CONTRACT AWARD TO SOUTHERN SELF STORAGE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR THE LEASE OF STORAGE LOCKER UNITS TO SOUTHERN SELF STORAGE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. (Staff Report on Page 70, Resolution on Page 80) RESOLUTION 77, 2012 – LEGACY PLACE PCD REQUEST FOR ADDITIONAL SPECIAL EVENTS FOR YEARS 2012 AND 2013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. h. (Staff Report on Page 87, Resolution on Page 89) RESOLUTION 80, 2012 - ALL-HAZARD SPECIAL RESPONSE VEHICLE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE EXPENDITURE OF $175,000 FROM THE LAW ENFORCEMENT TRUST FUND TO PURCHASE AN ALL-HAZARD SPECIAL RESPONSE VEHICLE; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES i. (Page 97) APPOINTMENT OF MR. KENNETH KIRBY TO THE WORKFORCE ALLIANCE. j. (Page 99) PROCLAMATION - NATIONAL NIGHT OUT. k. (Page 100) PROCLAMATION – 85th ANNIVERSERY OF LESSER, LESSER, LANDY & SMITH, PLLC. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. (Staff Report on Page 101, Ordinance on Page 103) ORDINANCE 24, 2012 – (1ST READING) AMENDMENTS TO THE POLICE PENSION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE III, POLICE OFFICERS’ RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY COUNCIL’S ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61. DEFINITIONS., BY REPEALING THE DEFINITION OF “SALARY” AND READOPTING SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135. ANNUAL ADJUSTMENTS. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 107, Ordinance on Page 109) ORDINANCE 25, 2012 (1st READING) AMENDING SECTION 26-2 AND SECTION 26-17 TO CLARIFY LANGUAGE FOR CANVASSING BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE CITY CLERK’S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY’S CANVASSING BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 112, Resolution on Page 115) RESOLUTION 66, 2012 – HEALTH INSURANCE BENEFITS FISCAL YEAR 2012/2013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, FOR FISCAL YEAR 2012/2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 134, Resolution on Page 136) RESOLUTION 69, 2012 – FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2012/2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. 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 SPECIAL MEETING PAGE 1 07-11-12 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 SPECIAL MEETING 3 July 11, 2012 4 5 The special meeting was called to order at 4:03 p.m. by Mayor Levy. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Russo, Council Member 9 Jablin, Council Member Tinsley 10 ABSENT: None. 11 III. PUBLIC HEARING 12 a. Police Benevolent Association (PBA) Impasse Resolution. 13 IV. COMMENTS BY THE PUBLIC 14 David Huntoon, 4125 Ilex Circle South, Palm Beach Gardens; Jeff Rosenthal, 129 Banyan Isle 15 Drive, Palm Beach Gardens; Dave Smith, 4278 Hickory Drive, Palm Beach Gardens; Joe 16 Luciano, 9720 Heather Circle East, Palm Beach Gardens; Carol Estrada, 309 Riverside Drive, 17 Palm Beach Gardens; Cindy White, 9903 Dogwood Avenue, Palm Beach Gardens; 18 Councilmember Jablin made a motion to accept this Impasse Resolution with the exception of 19 the 5% reduction in base salary. 20 Vice Mayor Premuroso seconded. 21 Motion passed 5-0. 22 23 24 25 26 27 (The remainder of this page intentionally left blank.) 28 29 30 31 32 33 34 35 36 37 38 39 40 CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING PAGE 2 07-11-12 XIII. ADJOURNMENT 1 Mayor Levy made a motion to adjourn. 2 Councilmember Jablin seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 5:47 p.m. 5 The next regularly scheduled City Council meeting will be held July 12, 2012. 6 APPROVED: 7 8 9 10 David Levy, Mayor 11 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 18 Marcie Tinsley, Councilmember 19 20 21 22 Joseph R. Russo, Councilmember 23 24 25 26 Eric Jablin, Councilmember 27 28 29 30 31 32 33 34 ATTEST: 35 36 37 38 39 Patricia Snider, CMC 40 City Clerk 41 42 43 44 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 45 meeting. A verbatim audio record is available from the Office of the City Clerk. 46 All referenced attachments are on file in the Office of the City Clerk. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 07-12-12 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 July 12, 2012 4 5 The regular meeting was called to order at 7:00 p.m. by Vice Mayor Premuroso. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Levy (arrived at 7:40 p.m.), Vice Mayor Premuroso, Council Member 9 Russo, Council Member Jablin, Council Member Tinsley 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 a. Addition to Consent Agenda - Resolution 73, 2012. 13 b. Addition to Items for Council Action/Discussion - City Manager Review. 14 Council Member Russo made a motion to approve the additions. 15 Council Member Jablin seconded. 16 Motion passed 4-0. 17 IV. ANNOUNCEMENTS AND PRESENTATIONS 18 Councilmember Jablin: Announced the passing of Bob Friedman and Cal Swartz. 19 Councilmember Russo: gave condolences. 20 Councilmember Tinsley: gave condolences. 21 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 22 Council Member Tinsley:. Attended the Chamber of Commerce Breakfast; will attend the 23 legislative update in Jupiter next week; encouraged everyone to attend Summer Market Nights. 24 Council Member Russo: Attended the Economic Development meeting of North County and 25 discussed Project Gold and the Tax Abatement for new businesses. 26 Council Member Jablin: Attended the re-dedication of the statue of John D. McArthur today 27 located at City Hall. 28 Vice Mayor Premuroso: Thanked staff for their help with this year’s Father’s Day Baseball 29 Tournaments. 30 VI. CITY MANAGER REPORT 31 Announced the renovations to Gardens Park soccer facilities and parking; the Sanitation and the 32 Fleet Division 2012 Automotive Service Excellence Blue Seal Award, the Palm Beach Daily 33 News article, July 5, 2012, regarding Palm Beach Gardens Mall Parking; Governor Rick Scott’s 34 letter to Mayor Levy recognizing the City of Palm Beach Gardens’ increase of advertisement for 35 open positions; North County Regional Intelligence Meeting in the EOCC; congratulations to 36 Explorer Post 704. 37 Recognition of the Palm Beach Gardens Police Explorers, Chief Stephen Stepp. 38 VII. COMMENTS FROM THE PUBLIC 39 Lauren Miller, 12181 Aviles Circle, Palm Beach Gardens; Kevin Easton, 8511 40th Terrace 40 North, Palm Beach Gardens. 41 Kevin Easton made a request to reorder the agenda, making item j. Ordinance 20, 2012 the first 42 item under Public Hearings. 43 Vice Mayor Premuroso announced Mayor Levy’s arrival. 44 Councilmember Jablin made a motion to approve the request. 45 Vice Mayor Premuroso seconded. 46 Motion passed 5-0. 47 VIII. CONSENT AGENDA 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 07-12-12 a. APPROVE MINUTES FROM JUNE 7, 2012 CITY COUNCIL MEETING. 1 c. RESOLUTION 55, 2012 - PALM BEACH GARDENS ELEMENTARY SCHOOL PLAT. A 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 3 FLORIDA APPROVING THE PALM BEACH GARDENS ELEMENTARY SCHOOL PLAT; 4 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 5 d. RESOLUTION 68, 2012 - CONFIDENTIALITY DESIGNATIONS FOR ECONOMIC 6 DEVELOPMENT INITIATIVES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA DESIGNATING THE CITY MANAGER, THE 8 DEPUTY CITY MANAGER, THE CITY’S DIRECTOR OF PLANNING AND ZONING, THE 9 FINANCE ADMINISTRATOR, THE DEPUTY FINANCE ADMINISTRATOR, A 10 RESOURCE MANAGER, AND THE ASSISTANT TO THE CITY MANAGER AS THE 11 OFFICIAL REPRESENTATIVES OF THE CITY OF PALM BEACH GARDENS 12 AUTHORIZED TO RECEIVE AND DISTRIBUTE CONFIDENTIAL INFORMATION 13 PURSUANT TO SECTION 288.075, FLORIDA STATUTES, RELATING TO PLANS, 14 INTENTIONS, OR INTERESTS OF A PRIVATE CORPORATION, PARTNERSHIP, OR 15 PERSON TO LOCATE, RELOCATE, OR EXPAND ANY OF ITS BUSINESS ACTIVITIES 16 IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 17 PURPOSES. 18 e. RESOLUTION 70, 2012 - AMEND A CONDITION OF APPROVAL FOR TREVI AT THE 19 GARDENS PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 20 BEACH GARDENS, FLORIDA APPROVING A MODIFICATION TO A CONDITION OF 21 APPROVAL WITHIN THE DEVELOPMENT ORDER FOR TREVI AT THE GARDENS 22 PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED 23 HEREIN; PROVIDING A REVISED CONDITION OF APPROVAL; PROVIDING AN 24 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 25 f. RESOLUTION 71, 2012 - AGREEMENT WITH BOUND TREE MEDICAL, LLC. A 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 27 FLORIDA APPROVING AN AGREEMENT WITH BOUND TREE MEDICAL, LLC FOR 28 EMERGENCY MEDICAL SERVICES SUPPLIES AND EQUIPMENT; AUTHORIZING THE 29 MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND 30 FOR OTHER PURPOSES. 31 g. RESOLUTION 72, 2012 - VETERANS PLAZA OUTDOOR PERFORMANCE VENUE 32 PROJECT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 33 GARDENS, FLORIDA AUTHORIZING THE EXPENDITURE OF ART IMPACT FUNDS 34 FOR THREE (3) ARTISTS TO CREATE CONCEPTUAL DESIGN PROPOSALS FOR AN 35 ARTISTIC SHADE SYSTEM AT THE VETERANS PLAZA OUTDOOR PERFORMANCE 36 VENUE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 37 h. PROCLAMATION – PARKS AND RECREATION MONTH. 38 i. RESOLUTION 73, 2012 – ALLOCATION OF THE $12.50 FUNDS. A RESOLUTION OF 39 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 40 STRONGLY SUPPORTING THE COUNTY’S CONTINUED ALLOCATION OF THE $12.50 41 FUNDS TO THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION NO. R-2002-42 0192, WHICH SERVES TO ENHANCE THE COUNTY’S INTERGOVERNMENTAL 43 COMMUNICATIONS PLAN; AND STRONLY SUPPORTING THE COUNTY’S 44 DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL 45 MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY 46 INTEROPERABLE WITH THE COUNTY’S RADIO SYSTEM WITHOUT ARBITRARY 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 07-12-12 DISTINCTIONS BEING MADE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 1 PURPOSES. 2 Councilmember Tinsley requested that item b. Resolution 52, 2012 be removed from the 3 consent agenda and voted on separately. 4 Councilmember Jablin made a motion to approve the consent agenda, excluding item b. 5 Vice Mayor Premuroso seconded. 6 Motion passed 5-0. 7 Councilmember Tinsley reclused herself from voting on item b., Resolution 52, 2012, left the 8 Dias and filled out Form 8B. 9 The City Clerk read Resolution 52, 2012 by title. 10 b. RESOLUTION 52, 2012 – BID AWARD FOR THE EMERGENCY FOOD CATERING 11 SERVICE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 12 GARDENS, FLORIDA AWARDING A CONTRACT TO DRC EMERGENCY SERVICES, 13 INC., BASED ON PROPOSALS RECEIVED FOR EMERGENCY FOOD CATERING 14 SERVICES, REQUEST FOR PROPOSAL NO. RFP2012- 002FR; AUTHORIZING THE 15 MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND 16 FOR OTHER PURPOSES 17 Councilmember Jablin made a motion to approve item b., Resolution 52, 2012, on the consent 18 agenda. 19 Vice Mayor Premuroso seconded. 20 Motion passed 4-0. 21 Council Member Tinsley returned to the Dias. 22 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 23 Those preparing to give testimony were sworn in. 24 The City Clerk read Ordinance 20, 2012 by title. 25 a. ORDINANCE 20, 2012 – (2ND READING AND ADOPTION) REFERENDUM 26 ELECTION ON NOVEMBER 6, 2012. AN ORDINANCE OF THE CITY COUNCIL OF THE 27 CITY OF PALM BEACH GARDENS, FLORIDA ADOPTED IN ACCORDANCE WITH 28 SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING FOR A REFERENDUM 29 TO BE HELD ON NOVEMBER 6, 2012, PROPOSING TO THE ELECTORATE OF THE 30 CITY THAT ALL PORTIONS OF THE CITY CHARTER BE AMENDED, EXCEPT THAT 31 PART THEREOF DESCRIBING THE BOUNDARIES OF THE CITY; PROVIDING FOR 32 CONTINUATION OF THE FORM OF GOVERNMENT; PROVIDING FOR CITY 33 BOUNDARIES; PROVIDING FOR MUNICIPAL AUTHORITY; PROVIDING FOR THE 34 CITY COUNCIL AS THE LEGISLATIVE AND GOVERNING BODY; PROVIDING FOR 35 CITY ELECTIONS; PROVIDING FOR OFFICERS AND EMPLOYEES; PROVIDING FOR 36 GENERAL AND TRANSITIONAL PROVISIONS; PROVIDING FOR EFFECT ON 37 EXISTING LAWS; PROVIDING THAT THESE AMENDMENTS SHALL BE SUBMITTED 38 TO THE ELECTORS OF THE CITY IN THE FORM OF TWO PROPOSITIONS ON THE 39 REFERENDUM BALLOT; FIRST PROPOSITION BEING, SHALL THE FULL AND 40 COMPLETE AMENDMENTS TO THE CURRENT CITY CHARTER AS SET FORTH IN 41 SECTION 1 OF THIS ORDINANCE BE ADOPTED; SECOND PROPOSITION BEING, 42 SHALL THE METHOD OF ELECTION OF CITY COUNCILMEMBERS BE CHANGED 43 FROM REQUIRING A MAJORITY VOTE TO REQUIRING A PLURALITY VOTE IN 44 ORDER TO BE ELECTED; THAT IN THE EVENT THE FIRST PROPOSITION SHALL 45 NOT BE ADOPTED BY THE ELECTORS, THE CURRENT CITY CHARTER SHALL 46 REMAIN IN FULL FORCE AND EFFECT; THAT IN THE EVENT PROPOSITION TWO 47 SHALL BE ADOPTED BY THE ELECTORS, THEN AND IN THAT EVENT, 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 07-12-12 PROPOSITION ONE IF ADOPTED BY THE ELECTORS SHALL BE AMENDED 1 ACCORDINGLY IN ACCORDANCE WITH THE ADOPTED PROPOSITION; AND, IF 2 PROPOSITION ONE SHALL NOT BE ADOPTED, AND PROPOSITION TWO SHALL BE 3 SO ADOPTED, THEN THE CURRENT CITY CHARTER SHALL BE SO AMENDED 4 ACCORDINGLY; SETTING FORTH THE FORM OF THE QUESTIONS TO BE VOTED 5 UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 6 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 7 FOR OTHER PURPOSES. 8 Mayor Levy opened the Public Hearing. 9 Public comment: Tracie Waight, 8344 Sunset Drive, Palm Beach Gardens; Mark Marciano, 10 10 Sheldrake Lane, Palm Beach Gardens; Fred Scheibl, 1029 Siena Oaks Circle West, Palm 11 Beach Gardens; Iris Scheibl, 1029 Siena Oaks Circle West, Palm Beach Gardens; Lauren 12 Miller, 12181 Aviles Circle, Palm Beach Gardens; Sally Schmiedl, 36 Admirals Court, Palm 13 Beach Gardens; Kevin Easton, 8511 40th Terrace North, Palm Beach Gardens; Larry Casey, 14 11070 Oakway Circle, Palm Beach Gardens; Terence Brady, 4409 Lacey Oak Drive, Palm 15 Beach Gardens; Melwin Grossman, 161 Thornton Drive, Palm Beach Gardens; Fransisco 16 Rodriguez, 4701 Artesa Way East, Palm Beach Gardens. 17 Mayor Levy closed the Public Hearing. 18 Council Member Jablin made a motion to approve Ordinance 20, 2012 on 2nd reading and 19 adoption, without Proposition 2. 20 Vice Mayor Premuroso seconded. 21 Motion passed 5-0. 22 The City Clerk read Ordinance 18, 2012 by title. 23 b. ORDINANCE 18, 2012 – (2ND READING AND ADOPTION) - AMENDMENTS TO THE 24 CAPITAL IMPROVEMENT ELEMENTS (CIE). AN ORDINANCE OF THE CITY COUNCIL 25 OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT 26 TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE 27 MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA 28 STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT WHICH PROVIDES 29 THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE 30 WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT 31 NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS 32 ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, 33 SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN 34 THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING TRANSMITTAL TO THE 35 STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A 36 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 37 DATE; AND FOR OTHER PURPOSES. 38 Mayor Levy opened the Public Hearing. 39 Public Comment: None. 40 Mayor Levy closed the Public Hearing. 41 Council Member Jablin made a motion to approve Ordinance 18, 2012 on 2nd reading and 42 adoption. 43 Vice Mayor Premuroso seconded. 44 Motion passed 4-1 with Councilmember Russo voting nay. 45 The City Clerk read Ordinance 22, 2012 by title 46 c. ORDINANCE 22, 2012 – (1ST READING) BUSINESS TAX LAW CHANGES. AN 47 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 07-12-12 FLORIDA AMENDING CHAPTER 66. TAXATION. AT ARTICLE II. BUSINESS TAX AND 1 REGISTRATION. BY CREATING AN ENTIRELY NEW SECTION 66-65 TO PROVIDE A 2 NEW STATUTORILY MANDATED EXEMPTION FOR REAL ESTATE BROKER 3 ASSOCIATES AND SALES ASSOCIATES; BY RE-NUMBERING THE EXISTING 4 SECTION 66-65 AND ALL FOLLOWING SECTIONS IN THIS ARTICLE ACCORDINGLY; 5 AND BY AMENDING THE EXISTING FEE SCHEDULE TO CONFORM WITH THE NEW 6 EXEMPTION AND ELIMINATE THE BUSINESS TAX FOR INDIVIDUAL REAL ESTATE 7 SALES AGENTS AND BROKERS; PROVIDING THAT EACH AND EVERY OTHER 8 SECTION AND SUBSECTION OF CHAPTER 66. TAXATION. SHALL REMAIN THE 9 SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 10 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 11 DATE; AND FOR OTHER PURPOSES. 12 Mayor Levy opened the Public Hearing. 13 Staff Presentation: Business Services Coordinator, Kenthia White 14 Public Comment: Fred Angelo, 2328 S. Congress Avenue, West Palm Beach; Iris Scheibl, 15 1029 Siena Oaks Circle West, Palm Beach Gardens. 16 Mayor Levy closed the Public Hearing. 17 Council Member Jablin made a motion to approve Ordinance 22, 2012 on 1st reading. 18 Vice Mayor Premuroso seconded. 19 Motion passed 5-0. 20 The City Clerk read Ordinance 23, 2012 by title 21 d. ORDINANCE 23, 2012 – (1ST READING) FIRE PENSION. AN ORDINANCE OF THE 22 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 23 CHAPTER 38. FIRE PREVENTION AND PROTECTION. OF THE CODE OF 24 ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE II. 25 FIREFIGHTERS’ PENSION FUND. IN ORDER TO IMPLEMENT PROVISIONS OF THE 26 2012-2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PALM 27 BEACH GARDENS AND THE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF 28 PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.; AMENDING SECTION 38-51. 29 DEFINITIONS. BY REVISING THE DEFINITION OF “SALARY”; AMENDING SECTION 30 38-55. CONTRIBUTIONS. PROVIDING FOR AN INCREASE IN MEMBER 31 CONTRIBUTIONS AND PROVIDING FOR A DECREASE IN MEMBER 32 CONTRIBUTIONS TO BE FUNDED BY EXCESS PREMIUM TAX REVENUES; 33 AMENDING SECTION 38-56. BENEFIT AMOUNTS AND ELIGIBILITY. REVISING THE 34 NORMAL RETIREMENT BENEFIT AND REVISING THE COST OF LIVING 35 ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 36 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 37 PURPOSES. 38 Mayor Levy opened the Public Hearing. 39 Staff Presentation: Finance Administrator, Allan Owens. 40 Public Comment: Fred Angelo, 2328 S. Congress Ave., #2-C, West Palm Beach; Bob 41 Sugarman, 100 Miracle Mile Suite 300, Miami; Michael Zingaro, 925 Sunset Road, West 42 Palm Beach. 43 Mayor Levy closed the Public Hearing. 44 Council Member Jablin made a motion to approve Ordinance 23, 2012 on 1st reading. 45 Vice Mayor Premuroso seconded. 46 Motion passed 5-0. 47 The City Clerk read Resolution 43, 2012 by title 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 07-12-12 e. *RESOLUTION 43, 2012 – MASTER SIGNAGE PLAN FOR A NEW GATEWAY SIGN. A 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 2 FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT FOR THE DOWNTOWN 3 AT THE GARDENS DEVELOPMENT TO ALLOW AN ADDITIONAL DIRECTIONAL 4 SIGN ADJACENT TO VICTORIA FALLS BOULEVARD; DOWNTOWN AT THE 5 GARDENS IS LOCATED NORTH OF KYOTO GARDENS DRIVE, EAST OF ALTERNATE 6 A1A, SOUTH OF GARDENS PARKWAY, AND WEST OF THE LANDMARK AND 7 GARDENS POINTE DEVELOPMENTS, AS MORE PARTICULARLY DESCRIBED 8 HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 Mayor Levy opened the Public Hearing. 11 Petitioner: Donaldson Hearing, Cotleur and Hearing. 12 Staff Presentation: None. 13 Public Comment: Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens. 14 Mayor Levy closed the Public Hearing. 15 Vice Mayor Premuroso made a motion to approve Resolution 43, 2012, noting staff’s 16 recommendation on number 4, in which the maximum be changed to up to 5 tenant signs. 17 Council Member Tinsley seconded. 18 Motion passed 5-0. 19 Council Member Jablin made a motion to reorder the agenda, specifically, moving Resolution 20 57, 2012 as the next item on the agenda and Ordinance 21, 2012 being the next item following 21 Resolution 57, 2012. 22 Council Member Tinsley seconded. 23 Motion passed 5-0. 24 X. RESOLUTIONS 25 The City Clerk read Resolution 57, 2012 by title. 26 a. RESOLUTION 57, 2012 – SET THE TENTATIVE MILLAGE RATE. A RESOLUTION 27 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 28 ADOPTING A PROPOSED MAXIMUM MILLAGE RATE FOR THE CITY OF PALM 29 BEACH GARDENS FOR FISCAL YEAR 2012/2013; SETTING THE DATE, TIME, AND 30 PLACE OF THE FIRST BUDGET HEARING; PROVIDING AN EFFECTIVE DATE; AND 31 FOR OTHER PURPOSES. 32 Staff Presentation: Finance Administrator, Allan Owens. 33 Councilmember Jablin made a motion to approve Resolution 57, 2012. 34 Council Member Russo seconded. 35 Motion passed 5-0. 36 IX. PUBLIC HEARINGS CONTINUED 37 The City Clerk read Ordinance 21, 2012 by title. 38 f. ORDINANCE 21, 2012 - (2ND READING AND ADOPTION) AD VALOREM TAX 39 EXEMPTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 40 BEACH GARDENS, FLORIDA ADOPTED IN ACCORDANCE WITH SECTION 196.1995, 41 FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON NOVEMBER 6, 42 2012, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY COUNCIL BE 43 AUTHORIZED TO GRANT PROPERTY TAX EXEMPTION TO CERTAIN QUALIFIED 44 BUSINESSES PURSUANT TO SEC. 3, ARTICLE VII OF THE STATE CONSTITUTION; 45 PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE 46 ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE 47 VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 07-12-12 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 1 DATE; AND FOR OTHER PURPOSES. 2 Public Comment: Kevin Easton, 8511 40th Terrace North, Palm Beach Gardens. 3 Council Member Jablin made a motion to approve Ordinance 21, 2012 on 2nd reading and 4 adoption. 5 Vice Mayor Premuroso seconded. 6 Motion passed 5-0. 7 The City Clerk read Resolution 49, 2012 by title. 8 g. *RESOLUTION 49, 2012 – AMENDMENT TO EVERGRENE PCD. A RESOLUTION OF 9 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 10 APPROVING AN AMENDMENT TO THE EVERGRENE PLANNED COMMUNITY 11 DEVELOPMENT (PCD) TO AMEND THE SETBACKS FOR PARCELS 1, 2, 6, 7, AND 8, 12 AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF 13 APPROVAL; PROVIDING A WAIVER; PROVIDING AN EFFECTIVE DATE; AND FOR 14 OTHER PURPOSES. 15 Mayor Levy opened the Public Hearing. 16 Public Comment: None. 17 Mayor Levy closed the Public Hearing. 18 Council Member Jablin made a motion to approve Resolution 49, 2012. 19 Vice Mayor Premuroso seconded. 20 Motion passed 5-0. 21 The City Clerk read Resolution 58, 2012 by title. 22 h. *RESOLUTION 58, 2012 – AMENDING A DEVELOPMENT ORDER CONDITION. A 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 24 FLORIDA AMENDING A DEVELOPMENT ORDER CONDITION IN RESOLUTION 27, 25 2010 FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL 26 CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AT THE SOUTHEAST 27 CORNER OF ALTERNATE A1A AND GARDENS PARKWAY, AS MORE 28 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 29 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 30 Mayor Levy opened the Public Hearing. 31 Petitioner: Donaldson Hearing, Cotleur and Hearing. 32 Staff Presentation: Senior Planner, Kathryn DeWitt. 33 Public Comment: None. 34 Mayor Levy closed the Public Hearing. 35 Vice Mayor Premuroso made a motion to approve Resolution 58, 2012. 36 Council Member Russo seconded. 37 Motion passed 5-0. 38 Vice Mayor Premuroso made a motion to reconsider an additional stipulation for Resolution 39 58, 2012 for the crossing signage to be completed within 90 days. 40 Councilmember Tinsley seconded. 41 Motion passed 5-0. 42 The City Clerk read Resolution 59, 2012 by title. 43 i. *RESOLUTION 59, 2012 – MIDTOWN PLANNED UNIT DEVELOPMENT 44 AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 45 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE MIDTOWN 46 PLANNED UNIT DEVELOPMENT (PUD) SIGNAGE PROGRAM, AS MORE 47 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 07-12-12 PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 1 PURPOSES. 2 Mayor Levy opened the Public Hearing. 3 Petitioner: Alessandria Kalfin, Cotleur and Hearing. 4 Staff Presentation: None. 5 Public Comment: None. 6 Mayor Levy closed the Public Hearing. 7 Vice Mayor Premuroso made a motion to approve Resolution 59, 2012 stipulating that all 8 advertising on sign will be for the Borland Center only and that the sign automatically displays 9 beginning at 6:00 a.m. and ending at midnight. 10 Councilmember Jablin seconded. 11 Motion passed 5-0. 12 The City Clerk read Resolution 60, 2012 by title. 13 j. *RESOLUTION 60, 2012 – AIPP REQUIREMENT FOR THE MANDEL JEWISH 14 COMMUNITY CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 15 PALM BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR 16 MANDEL JEWISH COMMUNITY CENTER (JCC)/MEYER ACADEMY PLANNED UNIT 17 DEVELOPMENT (PUD) LOCATED ON THE NORTHEAST CORNER OF THE 18 INTERSECTION OF HOOD ROAD AND INTERSTATE 95, AS MORE PARTICULARLY 19 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 20 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 21 Mayor Levy opened the Public Hearing. 22 Petitioner: Mike Sanchez, Johnston Group. 23 Staff Presentation: None. 24 Public Comment: None. 25 Mayor Levy closed the Public Hearing. 26 Councilmember Jablin made a motion to approve Resolution 60, 2012. 27 Councilmember Tinsley seconded. 28 Motion passed 5-0. 29 The City Clerk read Resolution 67, 2012 by title. 30 k. *RESOLUTION 67, 2012 - DOWNTOWN AT THE GARDENS PERMITTED USES. A 31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 32 FLORIDA APPROVING AN AMENDMENT TO EXHIBIT “E” OF RESOLUTION 91, 2003 33 LIST OF PERMITTED USES FOR DOWNTOWN AT THE GARDENS, AS MORE 34 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 35 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 36 Mayor Levy opened the Public Hearing. 37 Petitioner: Ken Tuma, Urban Design Kilday Studio. 38 Staff Presentation: None. 39 Public Comment: None. 40 Mayor Levy closed the Public Hearing. 41 Councilmember Jablin made a motion to approve Resolution 67, 2012. 42 Councilmember Tinsley seconded. 43 Motion passed 5-0. 44 X. RESOLUTIONS CONTINUED 45 The City Clerk read Resolution 61, 2012 by title. 46 b. RESOLUTION 61, 2012 – CONTRACT AWARD TRAFFIC SIGNAL. A RESOLUTION 47 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9 07-12-12 APPROVING A CONTRACT AWARD TO GERELCO TRAFFIC CONTROLS, INC. FOR 1 TRAFFIC SIGNAL INSTALLATION AT GARDENS PARKWAY AND KEW GARDENS 2 AVENUE IN THE AMOUNT OF $320,691.17 VIA AN EXISTING AGREEMENT WITH 3 PALM BEACH COUNTY (CONTRACT NO. R2009-0347); PROVIDING AN EFFECTIVE 4 DATE; AND FOR OTHER PURPOSES. 5 Staff Presentation: City Engineer, Todd Engle. 6 Councilmember Jablin made a motion to approve Resolution 61, 2012. 7 Vice Mayor Premuroso seconded. 8 Motion passed 5-0. 9 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 10  Mayor Levy proposed planting a tree by the 911 Center in honor of Bob Friedman. 11  City Manager Review. 12 XII. CITY ATTORNEY REPORT 13 None. 14 15 (The remainder of this page intentionally left blank) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 10 07-12-12 XIII. ADJOURNMENT 1 Councilmember Jablin made a motion to adjourn. 2 Vice Mayor Premuroso seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 11:08 p.m. 5 The next regularly scheduled City Council meeting will be held August 9, 2012. 6 APPROVED: 7 8 9 10 David Levy, Mayor 11 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 18 Marcie Tinsley, Councilmember 19 20 21 22 Joseph R. Russo, Councilmember 23 24 25 26 Eric Jablin, Councilmember 27 28 29 30 31 32 ATTEST: 33 34 35 36 37 Patricia Snider, CMC 38 City Clerk 39 40 41 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 42 meeting. A verbatim audio record is available from the Office of the City Clerk. 43 All referenced attachments are on file in the Office of the City Clerk. 44 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Resolution 44, 2012 Subject/Agenda Item: PLAT -12-03-000038: Approving the Plat of Central Gardens. [ X 1 Recommendation to APPROVE [ 1 Recommendation to DENY Reviewed by: Direc of Planning & Zo · Approved By: City Manager Originating Dept.: Planning & Zoning: Project Manager R~ Principal Planner ~~~~~~~~ [ ] Quasi -Judicial [X] Legislative [ ] Public Hearing Advertised: [ ] Required [X] Not Required Date: N/A Paper: N/A Affected parties: [ ] Notified [X] Not Required Finance: Accountant Sarah Varga Fees Paid: Yes Funding Source: [ ] Operating [X] Other_!.;N=/A..!....-_ Budget Acct.#: N/A ContracU Agreement: Effective Date: N/A Expiration Date: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: __ Attachments: • Development Application • Resolution 44, 2012 i ' ' Meeting Date: August 9, 2012 Resolution 44, 2012 Page 2 of2 BACKGROUND: On May 3, 2012, the City Council adopted Resolution 28, 2012, approving the master plan and development program for Central Gardens Planned Community Development (PCD) on an approximately 41 .75-acre site. Central Gardens PCD is located at the southwest corner of Hood Road and Central Boulevard. SUBJECT REQUEST: The subject request seeks approval of the plat of Central Gardens PCD . The proposed plat is consistent with the approved master plan for the project. STAFF RECOMMENDATION: Staff recommends approval of Resolution 44, 2012 as presented. 1 RESOLUTION 44, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE CENTRAL 6 GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) PLAT; 7 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 9 10 WHEREAS, the City staff has reviewed the Central Gardens PCD plat; and 11 12 WHEREAS, City staff has determined that the proposed plat meets all the 13 technical requirements of the City's Land Development Regulations (LDRs) and 14 Chapter 177, Florida Statutes, and recommends approval of the plat; and 15 16 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; 17 and 18 19 WHEREAS, the City Council deems approval of this Resolution to be in the best 20 interests of the health, safety, and welfare of the residents and citizens of the City of 21 Palm Beach Gardens and the public at large. 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF PALM BEACH GARDENS, FLORIDA that: 26 27 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 28 29 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 30 execute the Mylar of the Central Gardens PCD plat consisting of six (6) sheets, 31 prepared by Wantman Group, Inc., attached hereto as Exhibit "A." 32 33 SECTION 3. This Resolution shall become effective immediately upon adoption. 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 44, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ----------------------------David Levy, Mayor ATTEST: BY: ------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 44 2012-central gardens peel plat.docx Page 2 of 2 Resolution 44, 2012 EXHIBIT "A" N <) LOCAnON MAP (NOT TO SCAU) CERTIFICATE OF DEDICATION Sfaf• of Florida ~ SS Counly of Palm B.ach 5 Know o/1 mon by --'• tho! c.n1ro1 Go~Wn•, UC, o F1orido limited Uobili(y Compony, ond HAW'TDNS PBG, LP.. o Delowore Limit«/ PortnM3hip. oach 1M ...,.,. ol :: s::::....r.,:;n,;; ~ ~s':.ut"U",; ~ ~":.7.:cr- GonJ.n., Palm s.ach Coun(y, Florido, IHing more porlkulorly dacribed a. ,_,. A portion of S.CiioM .15 and :16, Town.hip 4 1 South, l1ont}o 42 Eo.t ond IHing the --in tho! -'ain Speia/ -()' De«< recordtKI in Ofr.ciol ---150011, at Popo 1-H I, of tho Pubk Recorrb of Polm Beoch Coun(y, Florida, and IHing ,...,.. port;culorly dacribed ,. -.n: BEGINNING at the Eo.t ono-q<MN~er (£ 1/4)-of !JOid S.Ction .15, .aid point being the POINT OF' BEGINNING; 7Mnco IWth 00'48'0:1• Eo.t olong the Eo.t lirNr ol tho Northoo!ll ono-quorler (N£ 1/4) of !JOid S.Ction .15. for 1,276.7:1 fHI to tho South right-of-...y fino fOI' Hot>d Rood a. rw:onJed in De«< 8ooll 10/J:J, ot Popo 141 of the public R-of Palm S.OCh Coun(y, Florido; Thone• South 8808'0P• Eo!ll along .aid South Hne~ for 588.22 fHt to th• limits of tM lonth granted to Palm Beoch Couttty as tYCord«< in Ofr.ciol Rocorrb Book 1571 :S, at Popo 1$41$, of tho Public R«orrb of Polm /koch Coun(y. Florida. the following three (:S) courw:~ b<rinp olong .aid limin; Thone• South 07'51 '56• ll'ut for :S.SO fHI; Thenco South Btr08'0P" Eo!ll, for :SI:S.O:S fHt; Thenc• South 4J'40'21 • Ea.t for 61.96 fHI to tho We!llo~ right-_,. fino for Centro/ Btwlevord rn n~eord«< in Rood Plat 8ooll 6, at Pogo B/1, Dfr.ciol Rocortb Book 5104, at Popo P4S ond Ofr.ciol Rt~eorrb 8ooll !SB05, at Pogo IBI, o/1 of the Public Recorrb of Polm &och Coun(y. Florido, the following silt (6) eour.tts IHing olong IJOid -* right-of-f«<y, Thenc• South OCT<f7'15. West. for 158.91J fnt to o point of CIHW11urw with o cww concaw: to tM West said curw havittfj o rocliu$ of 1.849.86 left. through o cantrol 01tf11o of 47SO'IY; Thone• Southerly olong IIOid curw for l,.llll04 fHI; Thenco South 4J':S7'2B• WHI; fOI' 24.7rJ feet; Thonco South 45'08'-H" w..t, for :JlJ!S. IS f..t; .,.,_, South SO'O!S'oo• -t. for 266.1$9 fHt; Thone• South 4J':S7'2B" ll'nt, for 370./JD (HI to the Eostorly right-of-woy Vno for Stat• Rood No. P (lntomato 95) os _.., on tho F1orido Oeporlm...t of 1--">lion Right-of-Way llap S«tion 9:S22D-2474 ond rw:onJed in OffiCio/ R-8ooll 5BO!S, at Popo IBI of tho PubiK: R«orrb of Polm /koch C...,()', Florido; 7Mnco North 2T59'-H" w..t alonp !JOid Etmorty lifHI, for 7,174.2:1 foot to tho Eo.t----~ (£-11' 7/4) S«:tion line of -S«tion .15; 71Nnco South BT56'04• Eo!ll olong !JOid lirNr, for Bll.l$0 f...t to the POINT OF' BEG/NNINC. Soid londs contain 41. 7!J oera, more or /ea. Has COUHd tM .sorrw to ~ surwyed and pltJtted 0!1 shown hereon ond Mreby dtldicatn a. follows: 1. Troct A as Mown hM'eon 1$ tt.r.by reHrWd to tM OwrHK, HAMPTON$ PBC. LP .• o ~ Limited F'ortnonh;p, its sue~ ond 0$$/gns, for -/opmllflt pUf]X>$0S and i$ tM perp~~tuol maintenance obligation of said o.,,.,-, its succeuon and auigns. without rwcourN to tM City of Palm B«<ch GorWns. 2 . Troet a as shown hH«>n i6 h.reby reN/Wd to the owner, Centro/ Gdrdens, UC, o Florida UnNted Liability Compony, in •ucc:~ ond ~ for dewlopmont purpo- Gf'ld ;. the pttrpftual mointMOnee obligation of .aid o..,.,.. its succti#DI'S ond ouigM. .;lhout ro<OUBft to tho Ci(y of Polm S.OCh GonJotw. :S. llbtor Alanopomont Trott L-1, a. -wn honlon, ;. -Y dedicated to Centro/ GorrHns F'ropffty OwnMS Aut:H:H3tion, Inc. o Florido not for pmlit corporation, Its succ-. ond CIUit}M (tho •AROCiation"), for ...tor monopom«~t ond other lowful -$Did Walot' --..m Truc:t IHing tho -tuol mointononco oblipolion of said Asso<:icltion, it. succ.-ors and ouigns. without recourw to tM Non/'tltlm Palm S.OCh Coun~ lmpnw.,..,t Oiftrict and without rwcovrw to thtt City of Polm IJ«<ch Gorden$. 4. The Lake ltlointenonce Truct Ul-1. as ~, Mreon, is Mreby dedicated to the A.uociation, 0 succenors and auigM, for OCCNS to stormwater ~m.nt and drolnopo facilftia within Wator ""'-"' TIOCf L-I for purposn of performing ony and oil moint.ncn:e obligotioM of ~ Aaociation, h IIUCC.UOrs tlltd ossigM. w;thout ffiCOUI'W h1 Norlhem Palm Btloch County lm/)l'fJWmtMt {);strict and without recoune to tho Ci(y of Polm --.. 5. ""' l.olto Aloint-· Ace-c-t (I.W.£) ... _, horoon is -y dedi<:oted to the Association, its wcceuon and aait}M. 1IDIMy for oc:cea to MOI"frt.at~tr monagemont ond dr'aitlogo fac:ilitin located ,;thin llbtor -._,..nt TtOCt L-1 for tho limited PIJfPf'HS of porfot'ming ony and all moinlen<mce obipallon$ af IIOid Am>cialiM, ifs ~UMNS and ~ w1lhout recoutH to NorlMm Pblm S.OCh County lmpro.,.,.,t District ond without r«:ourse to 1M City of Polm &loch Conlens. B. 1M """"""" £-t• (DC), t>0 _.., -are horW>y dodicated to the Am>ciotion, its _,_.. -~ in perpoluity for droinapo pUI'f'O"S. The moint<M<H>CO of o/1 dr'aitlogo focilitin located uw.in sthall be 1M perpetuol mointononc• obligation of !JOid-. lb -and ~ without I'OCOIVM to Norlhem Polm s.ach Coutr(y ,.,.,.,__, D&trlct ond rrilhoul I'OCOIVM to the Ci(y of Po/m S.OCh Gonlons. Norlhem Polm S.OCh c-n(y ""-' Diotrict and the aty of Po/m S.OCh GonJoM -hoYo the right. but not the obligation, to mointoin ony portion of tho ~ .,_ ---by -plat ..trit:h • -iatod -the droinofJo of public -:t. it>cNdinp the right to utilize for ,_ PIJfPf'HS ony and al droinapo, loire moint~ ----_,., ond priYot• ,.,_,. -iated with -dr'aitlogo .,.,, 7. -ion Tnoct» P-1, P-2 and P-:S (t/pklnd -..;. ,. -•n ,__, ate ltetWiy dedicoted, lo tho-~...,....., and ~ for _.,. -t ,.._tion and --.JI -!JOid -Troct. IHing tho porJWtuol moint«WJrw:. ob6gtltion ol Mid MM>ciotion, ib ~ and CDfligM. rtithout ~ to the Norlhem Polm s.ach Coomy ""-' D&trict and .;thout tYCOUrN to tho City of 1'0/m -h Gotdot>s. 8EJNG A PORTION OF 5£CT10NS .J5 AND 36, TOWNSHIP 4 t SOUTH, RANGE 42 £4ST. CIT't OF PALM 8£ACH GARDENS, PALM BEACH COUNTY, FLORIDA MARCH 1M,__ TIQCb moy in no _,. IH alfMed from -noturof -· ........,_ pt'OINbited ,;lh the -TIDCb inc,.., ""t cxe not lmit<M to, ~or placing ol bWdingo on 01' -the ~ dumping or placing """ or -aMI -h ,. lraiJII, ,_ or tiHtruction of ,_, -. 01' other ~ .nth the · ol uofic/nudollce _,_,_and other octMtia d.trimM!ta/ to-._ flood control. water cOftNI'Vt1tion. ~ion contFOI or wildRft1 hobitot ~ or ~· & ~Buffer TIDCb LB-1, LB-2, LB-:S (Porlr_,.), LB-4, LB-5 I..B-1$ f'ld LB-7 M o1totm ,__,, an ltetWiy -od to the Aooociotion. ib _,_... and ~ for ::=.. "':!::·ut'ff:~ ~"':; :e .. ~:-.:=;.::·:::;,:,-,? 8a'ffting. -· ~ SU«-. and ....q,., without ~ to 1M NonMm Pot~~ &och Coun(y ,.,.,._, Dmrict and wit'-1 ,.,_ to 1M Ci(y ol Po/m &och ~ .. """" mcurn/Hred by s-oa.t WI()' Ntltority (•SUA•) utili()', wotor and -e<nometll$ Cllf'W for the ~ us. of the SU4 ottd not for use by othM' utility ~ without writt., -from SUA or .-pnMdod _..._ in ony Npot'flto SUA ,..or*<~ -t P. lngrn$-Eprea COHme<ln, ,_. T-L-1, 1.11-1 and LB-1, LB-2 (Portway) ond ovor tho ~ -ntononce -c-t (I.MIIE), ~. M """'""' hereon an hereby dedicoted to tho Norlhem Palm &och Coun(y ~mprvvement District for ,-_trion ond ..t>iculor ;,_ ond -includittg tomporoty porltifw;, to ond from --..· • ..,,.,. monopoment intp<tJWmenn ond olhor focilitift, Jtmrn and -'•· 1M -ett<:om~ by .aid ingrrtn--_,. IHing tho porpotua/ moint_. obl'190lion of tM Msociotion. it~ gronten. wee...,. ond/or a.igM without ~ tiD NorlhM'n ~h C"""(y lmpro..,.,t D&trict and without rocourN to 1M aty of Potm S.OCh , 10. Open Spoeo TtOCt OS-I. a. llhown ,__,,;. horeby dedicoted to the Aooociation, it. svcc.., ond osW}ffs. for op.n .,ace pUI'pO.n and i:J tM ,.,.tfllfll mt:lintMJD~JC• obligation of soid ~iotion. it$ successors and assigns. withouf ·~ to the City of -----11. TIHI llbt.,. and S..or CMomMt (WS£), ,. """'""'-.;. -Y I}I'OniWd to~ it. •uccnMHY ond o:tSigM. for m.tollation. opiH"tttion ond molntMXJftC• of wot• ond .,.,. facilitia, the -encutrlbered by !JOid II'S£ b<rinp tho porp«uot mointononce oblipotion of tho Aooociation, it• ~ ond -igM. "'lhout recouru to the Ci(y of A1lm &och Gorden$. IN WITNESS WH£R£0F, the obowt-nomed limited liability company has COtJHd theu ,._,ts to be •itJMd by it• Managinp /Jernbor, thi• __ Day of 2012. Witnn.: ----------- Witness: ----------- Cllfltrrtl Gorden$, UC, a Florida Limited Liobifi(y C<>mpony IN WfTN£SS WHEREOF'. tho abo .. -nomed f.mited porl-ip -COU$ed thoN ,._,. to bo ~ by ib c-ora~ Portnor, ~hi$ __ Day of 2012. ~me~ --------------------- (Print Homo} WiiM$$; ----------- (Print Homo) ACKN01fZEDGMENT Slaf• of .,----- Counly of ----~ ss HAMPTDNS Pf1G, LP., o Ooklwarw Limited PorlnorsNp ~ NWAI ZOII GP, UC a Ooklwan Limit«/ Liobili(y ~. ~ IIOio r;.,oro1 Portnor ~ ZF ~~ II, UC o Florida Limited t.iobili(y Company, •b Alonopor ~ ZOII ~. l»c. o F1orido Corporotion ~ AlrMager ~---,-------Grog T. ll'dSI Executive \~fee Pr'HidtMt &.fore mo porsonolly appoored Gory L Schott-tlhn -;. ,__,.,. k""""' to mo, or /to$ productJd as idwttif.cotion, Oftd rrho •xecutlld the f0f'W90ing mtrumont a. tho -...g;np llomber of Control Gon1ttn:t, UC, a l1orido Limited l.iobili(y Compony, a corporation. ond -ly ac:lultntlodg«< to ond /Hfon mo thot ho oxecuted suc:h iMtrllfrWnt 01 such off~e.,. of MJid corpon:ttion, ond thot UtfJ Hoi affix«J to th• foregoing instrumot~t is tho corporoto HOI of .aid corporation and tho! it .,. off"'ed to .aid mtrumllflt by -and rwpulor corporoto outhori(y, ond lhot -_....,_,, is tho frrte oct and dHd of .aid corporation. Witnou my hond ond off<eiol HOI w. __ day of--------:xn2. ~ commi-uplru: --~-=-.,.-:-~-- NoiOtY Stamp 2012 ACKN01fZEDGMENT S-of Florida l SS Counly of Browarrf 5 s.tor. mo ,__,.,. ~ Cr.g T. w..t -;. ,__,.,. known to mo. or ht>O pn>tluc«< 00 ---and -IIJttKut«< tho for«j(>ing in.trument a the &«ut;.,. Vico -~ of ZOII ~ l»c. a. moriOfJO' of ZF OowlopmMII I, UC, -ol NWII ZOII GP, UC, tho --"' part_. ol ~NS Pf1G, LP., 11 ~ Vmited porl-.hip, on bohalf of the fmited part-.hip ond tho! !JOid iMfrun>ent a tho ,,.., act and -o1 IIOid limifed ptllfnorship. w;tness my hand ottd offte;o/ uol this __ day of --------2012. ~ commiuion up-: --~-;:Dr>t:-:-o)-:--- By:~~~--~-Publfc~~------------------D Print -: ------- Commission Number: ------ ACCEPTANCE OF RESERVATIONS Sfaf• of Florida l SS Counly of Browarrf 5 TIHI Cllflfrol GonJen. Proper()' ~ Aaociotion, l»c., a F1orido not for profit corporation, lwreby occ.pt. the dftlicotkJM or ,..HI'IIOtioM to .aid Anociotion as stated ond -'town -. and -Y acc.pt• it• moint-. obllgotioM for -a. lltutod ,__,, dated thi$ __ day of • 2012. Witn~~n: ACKN01fZEDGMENT Sial• of Florida l SS Counly of Broward 5 c.ntrol Go!Wn• Pn>porty Owner. Association, Inc. o F1orido not for prortt corporation By:er.g~~T.~.=~~-~--------­- Beforw me pentJnally op~ Greg T. we,.t who is ~ known to mfl. or hos produced os idttntmcation. one/ •ho •x«:uted tM foregoing instrument as thll Pfuident of CflfJtrol Gorr:Jtms Properly Own., Aaot:iation. Inc., a FJorida not for profit corpot'tltion. and ocknowl«<gH to and befotW me thot M •xecuted such iMtrument M such olf'.cor ol -corporotion, and tho! tho HOI off"'od to tho (~ ~t ;. tlw corporot• Mal of MJid corporation and that it "' affix«/ to Dd iMinlnNint by dtw and rwpubr corporal• aulhori(y, and tho! !JOid inottvmont ;. tho froo act ond -"' -corporation. ll'fTNESS my hond and offiCio/ HOI lhi• __ day of ________ 2012. ~ ~ •xpires: ---:(Datw-...,~,--- Notory Stamp D PWnt Nome: --------------- c,.,._ Number: ------- ACCEPTANCE Sfat. of Florida ~ SS Counly of Palm B.ach S 1M NOfffliERN PAI.M BOCH COUNTY IAif>RO'fOIENT DISTRICT Mrwby occopts the tnprou-£9fH$ c_,.,.u, ,. shown horon ond horW>y ac:ltnow/edgH $Did Norlhem PoJm BtJoch County /mpt'ovetTJent Diftrict hM no maint~ obligotion, in. twer. undt!r or upon tho -_,. which !JOid _,. lio; ond -Y ac:copn the right ""' not 1M obipalion to C011$1ruct oporvto, rwpoir. reploco, upprotlo, itup«:t and moinlt1in ito ..alor _, focilitift ty;np .;thin .aid mgrn.-c,-c..-...t.. Doted this ______ Day of-------2012 NOFmiERN PALAI BEACH COUNTY IAIPROV£AI£I{T OIST11/CT By: ~=-----.,..,-11.,.,-,A$/t,-:--::,.,-,_..,. . .,-n..,-1 --- -oiDnctors By: ~-:7:""'~-=:--------­ Pnnt -: ----------------D CENTRAL GARDENS. UC Comm&ion Number: ------ s-of Florida Counly of Palm B-ach THIS PUIT WAS FLED roR RCCOIID AT ----AI. ~ ss THIS __ lMY OF--- A.D. 2012 NID OUI.Y lt£COIIOE1) IN PUIT BOOK ----ON PAGES __ TIIROIJGH -- SHARON R. BOCK CI.CRK NID COAIPTROU.£R ~~~~~CI.CRK~~---- SHEET 1 OF 6 SHEETS TITLE CERTIFICATION Sfat. of F1orlda l SS Counly of Palm B.ach 5 CohM. ~ Wolnwt". Roy, TeWpmon and Cohen os Q9eftfs for Fnt American Title -..nee Company, do horW>y corlify thot wo hoY• ltJtOff!inod tho tit» to tho ,.,.._ tiacribod pmpt>rly; tho! WO rm tho title to a portion of 1M -r(y i$ VHted to Centro/ -. UC, a F1orido Limited Liobili(y c...,_ tho! the current tc:rxn hoYo -poid; thol o/1 ~ not !lalisf'.od or -of -nor ot,.,iM torminoted by law arw shown ,.,..,; and that thM'e on MK:umbt'onca of r.conJ but thoH .ncumbmncn do not prohibit tho creation of tho subdivi•ion depleted by 1/li$ plat. By: -=DoYid....,.,' """s.~-~ . ....,c.q=--. --- l..icMI-in Florida F1orido 8or No. ---- Datw~·----------------- MORTGAGEE's CONSENT Sfot. of Ca/lfomla ~ ss Counly of Orang• 5 Thtt Uftdersigned hemy ~rtirla thot i t is tM hokltlr of o morl909f1. upon thft prop.,-ty dncribed heroan ond doe$ ~join in ond COMent to tho _,ion of the fond dncrib«J ., soKJ df!Hiication by tM Oftlner t/'ttH'«if and ogrea thtJt ;u morlgt19e which is rocorrJ«< in Officio/ Rocorrb 8ooll ---· at Pogo __ of tho Public Recorrb of PoJm &och Coun(y, Florida, -lxJ subordinoted to tho dodicotion mown horoon. In witnen rth«wof. the :~t~id COIJKNfltion ,. cOISHd thne p~Hent. to H sigMd by it~ -aulhority-:-:-:c-of,-;-,,y::-•-:-boorrl-..,-o~f-d."'lret:,.,.-t~ tn": _cOI_'Pf"_rat•~eo~f to I» affa«< ~,"J. and with thtt Witnns: Witness: ACKN01fZEDG.MENT S-of CaHfomla l SS Counly of Oran~ 5 AliT CADC VCNTIJR£. UC By. PAlO Loon Acquisition V..ntu.-., UC; o Delarto,. limit«J Nobility company : ~~ Gloup, LP .. o Ooklware limited porlfltii'Ship ,. attomq-in-foct for PliO LDon Acquisition MMtun:, UC ~ Sobol F.nonciol Group GP, LLC its Gent~ral Partrt.r ~----------- (Pnnt -and Titl<t) Bflfare me pM'!IOMI/Iy apptJOred •ho ;s pfNSOfK1IIy known to ,., or h<n pn>tluc«< as identirlcalion. and who executttd tlw f~ in!llfllmOflt as tho of SofxJI FNIOI>Ciol Grwp, GP. UC. in ~ Ct~pt~Ci(y a. tho gonorol porlnor of Sobol F.nonciol G<oup, LP .. o Ookl-. limited porfner$1Hp a. attomey-in-foct for PliO Loan Acqui!lition Vmtunr, UC, 1M monoging rnllfrlbM of AMT CADC VCNTUR£, U.C. a Oelt:Jrton limit«/ liability company. on f»hqlf of $0id AMT CADC V£NTURC. uc, and !NWfU/Iy aclulofrledped to -before mo tho! [ho] [-] execut«J wch iMttument cu S4JCh off~ of XJid COfJHJifllion, Ql)f/ that the NOI t:Jffoted to th• for.gomg iMtrument is thtt corporot• ..a/ of «Jid COI'pOration and that it fiOS affixed to !JOid iMt,.,..,t by dtw ond rwgu/or corporal• outhori(y, ond lhot !JOid iMtrun>ont ;. tho lrH oct and tJe.d of said corporotion. ll'itnH$ my hond ond off.:iol :NO/ thi• __ day of --------2012. ~ 7:--:--~-:Publfc::-=.------------CJ Pnnt_: ____________ __ --GROUP. GP. uc iWWGI Wantman Group, Inc. EngmHring+Pianning+Sunoofog+EnwonmMfal zro!S ltSTA _,..Y. SliT£ I~ IIEST IWM IJDQ( Ft .J.UII r=.~z::' ~n:!,. '::_-fj'~ ORlANDO -_, ST. LIJCIC -- THIS INSTMAI£NT IMS F¥10'AR£D BY DCR£X 6. Z004K I'.S.M. f'ROFCSSIONAL .5tfM'r'D/I' MD Mll¥flt 1./CEHSC NO. 5ISM FOR THE~ -GIIOI.f', INC. ., TITLE CERTIFICATION Slat. of Florida ~ SS County of Palm B-ach 5 C"'-. -. w-. Rrzy, To/flpman and C"'-"" _.,1$ for nm -ntH! lnwronc• ~. do -Y c.rtify thot -hawt exominftl tl» title to the -tine-,_ny; that -rmd the title to ,. romoinder of ,. f"DPMfy is -tftl to HNIPTONS P6G, LP., o o.o-. Umit..t ~; that tl» currw!t -hawt bHn poid; that all morl-not 110tilrl«< or raa.od of rocorrl nor olhMwiM trminfltftl by low ore 5hown herwon; ond that ,,_,. ore ctneUf'rt~Honcfn of ffiCOifl but thow ""'"'mbroncn do not pro/libit tM c.-.ation of the ..--tt.pictftl by t/14 plat. By: -=-~-:·-s.-=--=-:--:-.-. -=-c..,_--- I.Jc.-d in- ~~·--------- -Bar No. ---- MORTGAGEE's CONSENT Slat. of ~---­ County of ----~ ss The undorsign«< -y c.r~;r-that •1 is tl» ,_ of o mort_., upon the f"DPMfy dncrib«< hertlon and dolls hetwby join in ond con:Jent to the dedication of the land clftcribfld in »id d«Rcot;on by thtl owt'1llr thwwof and 0tJft1f1S thot M morl9Q9e which is recorded in Ofr.ciol R-BoDle ___ at Poge ___ of the Public R-of Pl:llm &loch eo-ty, Florida, oholl ~ •ubordinolfti to thft ~ ohown -· In witneu whM'tlof. the 1JOid corporation I'Ka ct1C4ed the• preHnts to be sign«! by ;~ -ou-:u-;~"·ty-of.,..,il$,....-,boorrl:--:--of:-:dirft::--t::: J: _corporD __ 1"day~ to ~ atr .. ..t ~1'1_ ond with II» Norlhwut.m ltlutU<II Life By: ________________ ___ (Print ,.,_ ond TiUe} A.CKNOWLEDGJ/ENT Sial• of -----County of _____ __ ~ss Before me ,_,anolly opp-.d who is ~lly known to ""'· or hM produced till itHntirtcotion. and who •xecut«J the for.goi(J9 in~f1Jf'Mflt as 1M of Northwest~ ilutud Uf•, a corporction, ond ~ ocknowr.dg«< to and before mo that [1») [•~»] uecutftl IIUCh inft/'llfTHiftt os such olf'tter of «~KI COI'pOI'Otiolt, ond thot the .a/ affa«J to the fOIWfJOin9 in.tl'&lfMftt ;. the COI'pOI'Ote NtJI of mid corpoiVfion and thot it wet affix«/ to said iMttV,.nt by -and reptJiar corp<WOte authority, and that ooid in_,t io tM frH oct and -of >aid corponn;on. ll'itnoso my hand ond offociol oeoJ thi• ___ day of --------2012. _. commiUion ftpirn: --...,.--,-- (Dote) By: .,.,.Notoly..,--::Publit:c-:-:-------- Print Homo:------- Commiuion NurnW: ------0 8£/NG A PORTION ~r:TIONS 35 AND :J6. TOWNSHIP 41 RANG£ 42 • CITY OF PAUl 8£ACH GARDENS. P. 8£ACH COUNTY. FLORIDA. SOUTH. 2012 CITY OF PALM BEACH GA.RIJENS APPROVAL Sial• of Florida County of Palm s-ch ~ SS City of Palm S.OCh Gard•n$ 5 Thi• plot is -.t>y --for rocorrl Ootftl this -------Day of 2012. /ltteot;..,::-:IICIO-:-. -:-.-;:-=. ,--, -;Cti/C=,c-::Ci:::'()o-:CJ.::-.rt City £nginHr. By: Oovid-:--:.,.,....,-J.-:IMy.--.-:lloyor::------ Thio plot • hM#by occeptftl fDt' --Ootftl tm. -------Day of --------2012. BEVIEinNG SURVEYOR Slat. of Florida County of Palm B.ach l SS City of Palm B.ach Garrl•n$ 5 This plat has ,_, ~ for conformity in occordonce with Chapter 177.051(1) of 1M Florida Stotutn ond the ordinoncH of tl» City of Palm &loch GtmietJ& This rr.isw don not include 1M verirocation• of the geometric dolo or the r.eld wtrir.cotion of Pormont~~~t Control Po;nt• (PCP'•) or ITJOfHJfTJetJts m lot c0f'Mf3. By: Ronnie L Fumin ~"·------------ Proffttliond S.....,.W and llopper /JceMe No. ~272, Stat~ of Florida CiTY OF PALM BEACH CAROCNS Sial• of florida County of Palm B-ach THIS PlAT IMS F1tED FOR RECORO liT ----M. ~ss THIS __ D4Y OF--- A.D. 2012 IWD D!C.Y RECORDeD IN PlAT BOOK ----ON PACeS --THROIJGH --· S1W10N R. BOCK TABULAR DATA.: CLERK IWD COMPTROI.J.£R ~·~~~~CLERK~~----- PMition No. PPCI>-II-t»-oootJo4 Toto/ Plat llroo: ~1.7$:1: 11crao SH££T 2 OF 6 SH££TS TIOCtA TIOCt 8 Troct LB-1 Troct LB-2 Tract LB-3 Troct LB-~ Tract LB-5 TIOCt LB-5 Troct LB-7 Trocl L-1 Troct LM-1 Troct OS-I Troct P-1 Troct P-2 Trocl P-3 13.7$:1: "",.. -13.55:1: llcrao 2.35:1:Acrn 0.!19:1: ""'" 0.17:1: ""'" 0.70:1: ""'" 0.06:/:AcrH 0.82:1: Acrn 0.42:1: ""'" 3.01::t """'" 0.94::t Ac,.s 0.118:1: Aero l .fliJ:I: ""'" 0.67:1: Acre• 1.35:1: ""'" SURVEYOR~ CERTIFICATE Thd d to C«tify that tM Plot ~., ,.,._, d a tiW' ond corrt~Ct ,..,_.,tation of 0 -""'* -"!Y ,..,__ dnction and __ , that -s.....y is accunrte to tl» -of "!Y lmo'lllodge and -f; that ~ RttfO<WICtt Monumetlts ("PRII'•? ond ,.,.,.,~$ occonling to S.Ct;on 177.091(9), Florido Stotutn. ,_. -· plocfti o• r.quirW by low; ond furlhor, that tl» :wrwy dolo compliH with oil th• n~qui,.,.,t. of Chapter 177. florido Statutes. a. tii'M'fldfld. ond the Onlinoncos of thft City of Polm &loch GordtiM. Thio ___ day of--------2012 O.rek G. Zomon Proft~Uiond ~r ond lltlpp#r LicMJH No. 5655, State of Florido SURVEYOR~ NOTES 1.} NOTIC£: This plot, os -in ito gruphk: form, ;. tl» omciol depiction of thtl subdmdfld lt:Jntb dncrib«J herein ottd wHI in no cirr:urMtoncn be ~plontH in authority by any othftr grophic or digital form of II» plot. There moy ~ additionol rntrictions that otw not rfiCOf'ded M this plot thot may be found in the Public R«:<X<b of Po/m &loch COtmty. 2.) The bt>orinp llhown -ore booftl on Grid North oo ..tobli•hftl by tM National Ocean S.Vic• ('NOS'} tJnugh it• program off.ce Notional c.ocJ.tic rt:7o!.;::;~,~ ~ -::c::.-~~: !t:?ty.s.c:.. -.:.:/,f:tioll ,_. South ll7"5ts'r>4" Coot. :J.) -onto/ voluH ohown ,.,_, or• St ate PbM Coorrlinota (Tro,....,... -or Projection}, Florido Coot ZtNHt, North Am<tricon Datum (HAD) 19/I:J, (1!190 Adjustment). Nl di>tonct:O orw in U.S. Suney FHI. Control ~Is mHt or excHd closure for Suburl'Jon: Litwor. 1 foot in 7;500 fHt horiz011tolly and ,.,. ver;r..c~ through a tedundancy of ~t•. 4.) In t-COMO .,.,. _,Is of _.,.,t fypH CIWO or Ot-!lfl coincidft, ~ eosem~ts sholl hcNe rm priority; utility eo•ment• Moll howl S«::nd priority, GIC'CftS ~ts sho/1 have thin:/ priority; ond all other .,_,.,ts sho/1 ~ ...oonlinot• to t,.. with their prioritiso being detwmiMd by -fi9hl• grunted. 5.} Then -/># no buildinp. •tructurn. <OMtruction of any kind, lrHo or llhfub> plocftl in, -· _, Dt' upon the lngnu~g,. .. £_,_.Is, "" ohown ,.,_,, un,... and untR opprrw..t, in pem>il form, by th• Nortl»m PoJm &loch County /mprovern«tt Oi:rtrict. 6.) T1»rw shall be no buildif'IIJP, strvcturn, construction of CMy kind, t~W~S or s/JI1JM placed 011 rroter and ,..., __,.,Is as shown hereon, wtrless approwd, in permit form, by the s.ocooot utility Authority. 7.) The building MIJocb llho/1 /># os ~ired by tM cummt City of Polm &och GordeM Zoning Rwpulotion>. lN WGI Wantman Group, Inc. EnginHrfng+Pionning+Su,..,.Jfilg+Environment al 203$ ltSTA _,..Y. SUTC 100. IIDT fWJ/ III&4C1( FL .J.UII (~.::;/::' ~n:l,. r::,-:;·~ ORUNllfl -POffT ST. LtJCI£ -- THIS -OMS l'ffEPIIRED BY DCRDt G. ZDW( I'.SJI. l'tfOITSSIOHAL ~ IWO ~ IJCENSC NO. 5&55 FOR 7HC Flllll: _,_, -, NC. KEY MAP (NOT TD SCALI) N <) 8£/NG A PORT10N ~r:TIONS .J5 AND 36, TOWNSHIP 41 SOUTH, RANG£ 42 , CfTY OF PAI..Jrl BEACH GARDENS, P. B£ACH COUNTY, FLORIDA •:.'ES~::OCG G;.RGE:~S (;.. ?.~.G.i (~a !.-<. "" "~· Pir...Ri • 25' llf1Frm r {1'8 54. PG. 1;)5. P9CR) 25' WATCR NiO SEliEl9 £ASDIO(T ----------------~~PG.~~ ----------- TRACT A 7J.75~ ACReS T R A C T L-t (llllrrR AWIAGDENT 7llACI1 J.OI"' ACReS It/ARCH 2012 EAST UNC 01' 7>£ NC 1/4 SECTION .35-4 I -42 PlAT I.MfiS {1'8 54, PG. 1:15. P9CR) ----------------- { 20' 0£ SIJT51'41J"E: 0 123.50' r--lt_---- 1 l;l---==-=-~ '-~--R-45.rz· 1 • , -r ....... L-ill<:J' I I . UMfT OF UNOS "' .t.-Xl'II'!U' I ~<> t I PALM 8£ACH COUNTY ______ ..... I I 501'51'~,.,------ --~-__J I ..,1" :J.SO' ---____ _. cap;;... . ., ... -· 20' 0£ :;:;;; ~ s0tr00'37"E: "'!!! R•.JJ.05 " 116.71' Fnd. Cone. PRitl .-Disc A•ll<f"XJ'Z8 .. Stomped 1.8 6599" 2 L•66.05' {TIC) r-< ;;; I> ~ I I I I I I I I _ _j ·'-··-··T··-··-.··-··- ..._ __ ,_!SO. Of' t-----L--~20" II'AIDI AND S£1191 CAS£II£NT (ORB 2fm, PG. J26, PfiCR) t---------~----~.~~~m (ORB 1$006. PC. 142J. PBCR) Fnd. Cone . PRill .t DiiiC Slomp«< I '1B 6599- 1 I I I TRACT L 8-1 2.~ ACReS KTEHTION POND CASCJIO{T (ORB "04. PG. 923, P9CR) "SEC OCTNL A SHCCT 5' f;--=---+---+-1 ~ ""z'J:,.~ s;::R,;::-r TRACT P-t (UPWIO PRCS£11\£) f .!)ti ACRt:S ------- TRACT L 8-1 ~Y) NtXT47'D:lT IU./12' StXT«S'57"11f ••. $2. ~,.~%..a,~"'r.- • ;; S4J'40'21 T ~ ~ 61.96' 21 -z..J-""ACRES· ------ -------------- --------f---------- Fnd. Noil .t {);sc Stomp«J LB 6599" F nd. Hoi/ ct Disc Slamped 'lB 6599' ------------ -:.-mwY ~ ll (ORB 2605, PG. J20. ~ ---i f- 1 I I I I I I ---+------------ 1 I I ,------ ' Cone. DB DC b. FOOT FPt.. Fnd. LB L UIAE lion. OR9 RPB f'rl. P9CR PRill P8 P.U.O. R IVW • • i GRAPHIC SCALE i i (Ill Pin) liDt:Ja-80 ft. Slat• of Florida l SS C<>unly of Palm B«<ch S THIS PUIT 11145 FILED FOR RCCORO AT----M. THIS --£MY OF--- A.O. 2012 ANO 0U1. Y R£r:ORDED IN PUIT BOOK ----ON PA&£5 --THIIOUCH --· SIW10N R. soar CLCRK ANO COIIPTROI1£R IIY::......,D£1'f/TY=:=:-:CLCRK==--- SH££T 3 OF 6 SH££TS i (Int.-Dlopkly Scolo) • Center Une • Concrete -o-d 8oolr • Oro;~ EOHmtmt • Oo/to (Cettlrol Angt.) -Florltkl ~~ of TroMpOftation -Florltkl Powr .t Li<}/11 • FD<md • Lit:erw«< SU#'Wying Bwinen • Length of Are • Lake ltlointanonce ~ £~t __ , -OffiCiol Records 8oolr • Rood Plat 8oolr -Poge • Polm S.tx:h County Records • P~t ReftH'flfJCe IJonument -Plat- -Plttnnod Unit o...,_t • Rot/ius • Right-of-Way • s.t 5/l!' Iron Rod .t 'tB 7055' CDp -.t ,. noted. • s.t 4'x4' Cone. PRill .t 'tB 7055' Aluminum Cop exc.,t as not«J. •Sh.tNutnl»r -utility Eooemem • Water and s....,-EowtnfMt l\\1WGI Wantman Group, Inc. £nglnHrlng+Piannlng+Sune)fi>g+EnWt>nmtN1faf ~ ltSTA -Y. SliT£ 100. II£5T I'IIUI IICACH. 1l .l.UII (IWI) --2220-(~I) ISII1-1110 fo>t comncATr OF AIJTHOIIJZATION No. 1.B ]055 OIIJNIDO -PORT ST. LIJCJ£ --7HS INST1IfAIDIT IMS f'RDWI£D BY DOI£K G. 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PG. 701, PSCR) ASSJCN£D ro lllacArliHJr Foundoti«< (ORB $1142, PC. 1J99, PSCR) ASSJCN£D ro SCACO<ST VTVTY AUTHORITY (ORB 61XJ2, PG. 62, P8CR) (ORB 61XJ7, PG. 1215, PSCR) (ORfl 6002, PC. 62, PSCR) (ORB 6(}07, PC. 1215, P8CR) TRACT 8 / / TRACT P-2 (II'WID PR£SCRIIE) 0.47:1: Aorts' / / 12' WA 1£R AND SC'W£R £ASEIJCNT (ORB 14621, PG. 1649, PBCR) IHJ'J7'28T 2:J.II2' T RACT L 8 -2 (PA1i1<11141? 54S':s7'28"W 0.-ACRES 24.711' -~..: = _:-..: .:-~/n.Tr ( Cone. DB DC " FOOT FPt. F"nd. LB l.M.'C lion. ORB RPB f>v. PBCR PRII PB P.U.D. R R/'# • • Slrlt. of Florida l SS Ca1mly of Palm IJ#at:h 5 THIS PUtT 1MS nt.£D FOR ~CORO AT----II. THIS __ 1)4Y OF--- AD. 2012 MID DULY R£r:ORDED IN PUtT BOOK ----DN PAGCS --7HROUCH --· SHARON R. BOCK CLeRK AND COIIPTT«>U.£R BY:.'--;;D£PIITY=;;;-;CIDIK==--- SH££T 4 OF 6 SH££TS GRAPIDC SCALE i i i (Ill PDf) 11Dcll•IO~ (1-Diop/QySctllo) -C.,t.,-LiM • Concrettt -OHd Book -~ c_,.,t • Delta (CMt"" ~) • Rorido o.partm.nt of TranopartatiDn --Po-.t Li9fll • Found -L.ic:eM«< Sunleying BusiMa • L.ngth of Arc • Lak• ltlointenonctt Act:en £ast:mtMt • Alonument • OfficKII Roeo<rb Book -Road Plat Book -p,g. • Polm Booch County Rocorfl• • F'tJrmanMit Rttf.rence llonufflflflt -Plat Book • Planned Unit Drmop~~m~~nt •Rodi~ • Rit}ht-of-'lllay -Set 5/B. Iron Rod .t 1.8 71155. eo,> •xc.,t oo notfld. • Set 4 ·x 4 • C<w>c. PRII .t "1.8 71155 • Aluminum Cop ncept o.t noted. -Sheet Numw -utility c__,t -Water and S..H COHmMit i lmWGI Wantman Group, Inc. Engineering+Pianning+.sur..._,.;,g+En'lironmMtal 20J6 IOSTA 114/111114Y. SUTC I~ IIEST IWM 8£ACH. n .llfll (~~z::' ~,;!,. ~-:;·'k;; DRUNDO -PORT ST. LUCIC --7H1S IHST1MEJfl IMS I¥/CPIIR£D 11Y DOI£I( G. ~ P.s.M. f'tiOFCSSION4I. ~ NIO IIN'P£R. UCENSC NO. ~ FOR 1H£ Fllll.t _,..,.,. I:IIOUP, INC. TRACT A 13. 75~ ltCR£S N (> HOOD ROAD (!8 ,~ PC. 141. PfiCR) T R A C T P-1 (UPlAND PRE:S£II'o£) 1.9U N:R£S -~~ ., .. ~ .. ~,.., ~l .d 1-"' i ~ it .., i:: ~ "' ""' iS~ ..... ~'" !l "l! ., Q ~ "{ :>. ... ~~ ..... :::> ~ . Q ~! en ~~ ..... "'~ "{ ~;; ~ ~! .... <: ... u TRACT L 8-1 -I-- (7>ARK1114l? Z.:J$,0 N:R£S 12' WArrR IJAIN £ASEIENT (ORB 4246. PC. >Or. P9CR) ASSICN£0 70 ~Foundation (ORB 5.542. PG. 1J99. P9CR) ASSIGNED TO SEAC'04ST l.mLITY AI./THORfTY (ORB 6002. PC. ez. PBCR) (ORB 6007. PG. 1275. PBCR) 12' WATER AND SElt'EJl £AS£JI£NT (ORB 14621. PC. 1649. PfiCR) "CTICNS :J5 AND J6, TOWNSHIP 4 1 SOUTH, RANG£ 42 , CfTY OF PAUl 8£ACH GARDENS, PALJI 8£ACH COUNTY. FLORIDA. TRACT P-2 (UPUNO PRE:S£II'o£) O.tJ7~ ACRES TRACT LB-:J ~Y) MARCH 2012 "DETAIL c• "'£TAIL s• TRACT 8 13.66,0 ofCRCS 0 .17,0 N:R£S CENTRAL BOULEVARD (RPB 6. PG. 33. P9CR) (ORB 5104. PG 945. PBCR) PN<C£l rn. LJW1UJ ACC#SS RJGHr OF ~y (ORB ~. PC. rfl. PBCfl) Fnd. Cone. PRitt • Disc Ston>(>«J 1.8 6599" N (> SCALE: t• = .JO* (In-t».play St:olo) ( Cone. OB oc 6 FOOT FPL Fnd. L8 L I.MiOC Mon. ORB RP8 f'rl. PeCR PRM P8 P.U.O. R R/W • • TRACT L 8-2 (7>ARK1114l? O.n.t ACRES SCALE: t• • J(J• r-~-) -C1111tor Lin. -conc,.t• -Dried Book -~E:....,.,t • o.llo (c-tn>l Angle) Slat• of Florida l ss Counly of Palm B«~eh 5 THIS PlAT IMS AIED FOR RCCORO AT ----II. THIS __ 04Y OF--- A.D. 2012 AND OUt. Y RCfXIROCD IN PlAT BOOK ----ON PII&CS --TIIROUCH --· SilMON R. BOCK CL£RIC AND COIIPTROU£R BY:.:__DEPIITY~-=-..,.CtCRK-=--- SHEET 5 OF 6 SH££TS • Florido OoporlrMnt of TroMpOrla6on • Florido Po.., .t-Light • Found -/Jc..-.1 Sun.y;,g - • LIHI9fh of An: • Lol«< Alointenance Access £0Htn~Mt • IM>nument -Ofr~eiol R«<rCJs Book -Rood Plat Book -,_ • Po/m Beoch County Records .-hrmoMnt Refe~nce ltlonumt:nt -Plot Book • Plonn«J Unit Oftve~t •RodiU3 • Right-of-Way • ~t .5/6' Iron Rod .t-1.8 70.5.5' Cap •~pt en nated . -S..t 4"x4" Cone. PRIJ ... 1.8 7055" Aluminum Cop except os notw. -ShHt Number • Utility E:osement • Water ond S.tttiH' EoHm«Jt lNWGI Wantman Group, Inc. £nginuring+Pionnlng+Surwy;,g+£nvfronmental 2fU5 I<STA PNiKIIMY. SUI£ ID!t IllEST IWM BEACH. Fl .l.Utl (~z::' ~n:ft. s::_-:.;r~ ORlANDO -PORT ST. LIICE -r.- THIS--rMS Pff£PNifD ITf DCREX G. ~ P.S.IL PROFESSIONAL .5l.fM)Q! AND _,_ LJCCNSC NO. ~ FDR THE ,_ _,_ r:ROUP. INC. TRACT 8 NOHTII UNC nw::r B ·()6-r. ¢;:.,· ~ I [UN ~)i N76"J9'2<J"W 1::1~ I 16.36' ~'" I I fUN \ \I L•22.JIJ ' I ~-I~:.).,~~-.., ... ~c 1 r I.WC :!:;, I s77'•r·••-w b a I I 12.49' ~~ I '\ I I I I , \ I I I I I I ' I I I I I I I ' I I I I I I sovrnUE I ' I 7IIACT A I L I ( I.WC I I I 11'-220.00' I , I -27'.U1.•1.2.J4' I I I I I I ' I I I I I I I ' I I I I I I / i / 'o· /...) / .....,1 ' I I /..... /''o· 1"-J.. / ,' ,1 ~ / I / <b·~ I ' I I I I I I ,,_,.......... I :; I I I ,. I I j.~ I ' I :! .. I I I "'-' I I ~ I ' I i /I/ I ' I I I I I I I • I I I I I I I • I I I I I I I ' I I I I I I I 80 / vi. ~,. TRACT L 8-1 (PARIOIMY) -f~o 2.J!l± M:II£S T R A C T L 11-1 O.H± M:II£S -XI· ~ZI'JI'J71.•775.1P' TRACT P-1 (UPW/0 PR£SCRVC) , .llti ACReS CTIONS 35 ANO .J6, TOWNSHIP 41 SOUTH, , CITY OF PALM BE:ACH GARDENS, BEACH COUNTY. FLORIDA R-11J..J1' 6-IIIT52'5J' L-.J1.~· "DETAIL o• TRACT A IJ.7!1± ACR£S { Cone. DB oc " FOOT FPI. Fnd. LB L I.MAC -.. ORB RPB fV. PBCR PRill PB P.U.O. R !VIr • • Q) uc lt5C -c .. ter Line • Concrfte •DHdBooi< TRACT L-1 IM"IDI IIIANIIGDI£NT TT?ACr J.OI± ACR£S -0ro;noge c_,t • Delta (Cmtrul An<}le) • Florida CleparlmMit of TTDMp<>rlation -Florida Po-.., Ught • Found • LicenHd 5....,nng Btnin•n • L.ngth af Arc • Laic• llaintenonc• Acceu E~t -llanument -OffiCial Recorrb 8oolt •Road Plot Boo« -PDfl' • Po/m &oeh C..U..ty RkOf'ds -~ Rrferenc• -...,.,! -Plot- -Plannad tAVt ~~ ---Right-of-Woy -S.t 5/11' ..., Rod .., 1.8 7055' C<lp acopt as noted. -~ 4'x4' Cone. PRill a 1.8 lO!J$' Numinum C<lp .,_t as notod. ----utility c_,.t • Mbter ond s.,.,. £a.ment T R A C T L IJ-1 O.H± ACR£S Slat. of Florida l Counfy of Palm S.OCh S SS THIS PLAT 1MS RLCD FrJR RCCORO AT----Ill. THIS --LMY OF--- A.D. 2072 NKJ OUI.Y RCroRO£D IN PLAT BOOK ----ON PACES __ THROIJCH --· SHARON R. BOCK CLERK AND COtiPTROU£R 8Y:'---,D£1'111Y==--CtERKc=--- SHEET 6 OF 6 SHEETS miWGI Wantman Group, Inc. £nginHrifr9+Pianning+~.;;ng+£nllironmtJnfal ~ lm'A -..r; SU7£ IOQ. IIDT 1WM BEACH. ft JJ<II r~z::o~.,r:~,~-u·~ OlltAHDO -PORT ST. LUCIC -T- 7HIS --f¥I£PAIIED trY D£1ID( 0. Z£WN. 1'.5.111. f'f10Ff:SSIONAL ~ iWD ~ UCDISE NO. M55 FOR THC ,._ -'*" GROUP, INC. I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Resolution 65, 2012 Subject/Agenda Item: Reappointment of Mr. Kevin M. Wagner to serve as Code Enforcement Special Magistrate for a three-(3) year term. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Submitted by: J. . oughney, Ill Deputy City Manager r---------------~ Approved by: Originating Dept.: Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x 1 Not required Costs: $72,000.00 (Total) $24,000.00 Current FY Funding Source: [ ] Operating [x] Other Contract/ Agreement: Effective Date: August 9. 2012 Expiration Date: August 9. 2015 Budget Acct.#: 001.1430 .524.3150 Council Action: 1 Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 65 , 2012 -Exhibit: A: Agreement I T Meeting Date: August 9, 2012 Resolution 65, 2012 Page 2 of2 BACKGROUND: On June 1, 2000, the City adopted Ordinance 12, 2000, which amended Chapter 2 of the City's Code of Ordinances by providing for Code Enforcement proceedings to be conducted by a Special Magistrate. Per Ordinance 12, 2000, the Special Magistrate shall be appointed by a majority vote of the City Council. Mr. Kevin M. Wagner, the former Chairperson of the City's Code Enforcement Board, was appointed by City Council as Interim Special Magistrate immediately after the adoption of Ordinance 12, 2000, and was later appointed as the Special Magistrate. Mr. Wagner has successfully served as Special Magistrate for the past 12 years. Please note that Special Magistrate services fall under the category of Legal Services, and, per Section 287.057, Florida Statutes, the renewal of this agreement does not require competitive solicitation. Since his appointment in 2000, Mr. Wagner has only requested one (1) pay increase in 2007 from $120.00/hour to $150.00/hour. Mr. Wagner is not requesting an increase at this time; therefore, his rate of pay will remain at $150.00/hour. Staff has compared Mr. Wagner's hourly rate against those of other local municipalities, which is detailed below, to ensure his rates are competitive and fair. Mr. Wagner has provided excellent service, and staff recommends his reappointment for a three-(3) year term. Recruitment Process Palm Beach Gardens $150 Ju iter $220 Lantana $150 Village Manager recommendation/Council $175 a roval $165 $150 $150/$165 STAFF RECOMMENDATION: Staff recommends approval of Resolution 65, 2012 as presented. 1 2 3 RESOLUTION 65, 2012 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA REAPPOINTING KEVIN M. WAGNER 8 TO SERVE AS CODE ENFORCEMENT SPECIAL MAGISTRATE; 9 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH 10 KEVIN M. WAGNER; PROVIDING AN EFFECTIVE DATE; AND FOR 11 OTHER PURPOSES. 12 13 14 WHEREAS, Section 2-211 of the City's Code of Ordinances provides that the 15 City Council shall appoint a Code Enforcement Special Magistrate by a majority vote; 16 and 17 18 WHEREAS, Mr. Kevin M. Wagner has served as Code Enforcement Special 19 Magistrate since December 7, 2000; and 20 21 WHEREAS, staff recommends that Mr. Wagner be reappointed to serve in this 22 capacity for another three-(3) year term, and the City enter into an agreement with Mr. 23 Wagner;and 24 25 WHEREAS, such agreement has been prepared and is attached hereto as 26 Exhibit "A"; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF PALM BEACH GARDENS, FLORIDA that: 35 36 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 37 38 SECTION 2. The City Council hereby reappoints Mr. Kevin M. Wagner to serve 39 as Code Enforcement Special Magistrate and authorizes the Mayor to execute an 40 agreement with Mr. Wagner. 41 42 SECTION 3. This Resolution shall become effective immediately upon adoption. 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 65, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----~~--------David Levy, Mayor ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ------------R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2012\Resolution 65 2012 ·special magistrate agmt-2012.docx Page 2 of 2 Resolution 65, 2012 EXHIBIT "A" PALM BEACH GAaDENS ':4 lllt/qw place to liwt, lama. wrri & p/tly " The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida ("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Kevin M. Wagner ("Wagner"), individually, whose address is 8129 Bautista Way, Palm Beach Gardens, Florida 33418. WHEREAS, the City wishes to retain the services of Wagner to serve as the City's Code Enforcement Special Magistrate. NOW, THEREFORE, in consideration of the promises, mutual covenants, conditions, provisions, and undertakings herein contained, and for other good and valuable consideration, the parties do mutually covenant and agree with each other as follows: SECTION 1. DUTIES A. Wagner shall serve as the City's Code Enforcement Special Magistrate at all scheduled Code Enforcement hearings in accordance with Chapter 2, Article IV, Division 1 of the City's Code of Ordinances and shall devote such time as is necessary to perform the duties therein. B. Wagner shall exercise all authority granted by Section 2-213 of the City's Code of Ordinances. SECTION 2. TERMS AND TERMINATION A. This Agreement shall remain in effect for a period of three (3) years, unless terminated earlier. B. This Agreement may be terminated at any time by either party, for any or no reason , by serving notice on the other party in accordance with Section 5 herein. Such notice shall be effective on the day it is delivered or mailed . C . In the event of termination, Wagner will be compensated for all services actually performed prior to the date of termination. Page 11 of 4 ---------------------------------.. SECTION 3. INDEPENDENT CONTRACTOR A. The parties acknowledge and agree that the City is retaining Wagner as an independent contractor, and Wagner shall not, for any purpose, be considered a City employee. The parties stipulate that this Agreement is not an employment contract and does not create an employer/employee or principal/agent relationship, nor will such a relationship be created by reason of Wagner's performance of the services herein specified. B. Wagner is responsible for providing a professional service, and Wagner will be solely responsible for all payroll taxes, including, but not limited to, federal income tax, FICA, and federal and state unemployment taxes. Wagner will be responsible for the filing of an IRS Form 1099 and the payment of applicable self-employment taxes. SECTION 4. COMPENSATION A. As compensation for performing the services contemplated by this Agreement, the City will pay Wagner the sum of One Hundred Fifty Dollars ($150.00) for each hour worked. B. The City shall pay Wagner on a monthly basis, upon receipt of an invoice detailing all services performed and the amount of time expended to the nearest one-tenth (1/1 0) of an hour. SECTION 5. NOTICES A. All written notices required under, or contemplated by, this Agreement shall be hand delivered, telecommunicated, or mailed by certified mail, return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager As to Wagner: Kevin M. Wagner 8129 Bautista Way Palm Beach Gardens, Florida 33418 Page 12 of4 SECTION 6. GENERAL PROVISIONS A. This Agreement shall constitute the entire understanding between the parties and shall be modified and amended only in writing and executed with the same formalities as the original. B. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. C. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. (The remainder of this page intentionally left blank) Page 13 of4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: ________________ _ David Levy, Mayor ATTEST: By: ~--~~~~~~--Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AN LEGAL SUFFICIENCY Exe ted by Wagner this 2 \\t dayof ?t~ '\) 0 l 2012. '-- K~IN M. WAGNER \ By: (, ~ .._./ By: ---tt--=--~-r Print \\pbgsnas\Attorney\attorney_share\AGREEMENTS\special mag istrate agreement 2012.doc Page 14 of4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agertda Cover Memorandum Meeting Date: August 9, 2012 Resolution 74 2012 Subject/Agenda Item: Approve the Agreement with Advanced Data Processing, Inc. (AD PI) for Third-Party Patient Billing and Reporting Services. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Purchasing and Contracts Director {fd4 Km!Ra Submitted by: Department Director ~--------------~ Approved by: Originating Dept.: Fire Rescue Ke~ Division Chief-EMS Advertised: NA Date: Paper: [ x 1 Not Required Affected parties [ 1 Notified [ x 1 Not required Costs: $400,000 (Total) $112.000 Current FY Funding Source: [ 1 Operating [x 1 Other Contract/Agreement: Effective Date: August 9, 2012 Expiration Date: July 31,2015 Budget Acct.#: 001.1200.522.3400 Council Action: 1 Approved 1 Approved w/ Conditions 1 Denied 1 Continued to: Attachments: • Resolution 74, 2012 -Exhibit "A": Agreement Meeting Date: August 9, 2012 Resolution 7 4 2012 Page 2 of2 BACKGROUND: Palm Beach Gardens Fire Rescue began utilizing the patient billing services of Advanced Data Processing, Inc. (ADPI) for emergency medical transports in 2007 . Additionally, the Department utilizes its electronic patient care reporting system, which includes Panasonic Tough Books for field reporting. ADPI's patient care reporting system allows Fire Rescue crews to transmit patient care information to the receiving emergency department from the field, so that patient care can begin quickly upon arrival to the hospital. AD PI also has an excellent quality improvement feature which allows patient care reports to be reviewed in a timely and efficient manner by a supervisor who can immediatly send the patient care report back to the treating paramedic for corrections prior to finalizing the report. Additionally, the program allows for ad hoc reports to be generated so that Fire Rescue can regularly review specific emergency medical skills to determine if there is a deficiency that needs to be corrected through training. The system has proven reliable and the company has been receptive to recommendations from the City's Fire Rescue Department. Therefore, Fire Rescue desires to continue to utilize ADPI for third-party billing and reporting services. STAFF RECOMMENDATION: Staff recommends approval of Resolution 74, 2012 as presented. 1 2 3 RESOLUTION 7 4, 2012 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT 8 WITH ADVANCED DATA PROCESSING, INC. DBA INTERMEDIX 9 FOR EMERGENCY MEDICAL SERVICES THIRD-PARTY BILLING 10 AND REPORTING SERVICES; AUTHORIZING THE MAYOR TO 11 EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE 12 DATE; AND FOR OTHER PURPOSES. 13 14 15 16 WHEREAS, the City desires to retain the services of Advanced Data Processing, 17 Inc. (ADPI) to provide emergency medical services third-party billing and reporting 18 services in accordance with the City's Request for Proposals No. RFP2012-004FR; and 19 20 WHEREAS, an agreement for emergency medical services third-party billing and 21 reporting services with ADPI has been prepared and is attached hereto as Exhibit "A"; 22 and 23 24 WHEREAS, the City Council deems approval of this Resolution to be in the best 25 interests of the health, safety, and welfare of the residents and citizens of the City of 26 Palm Beach Gardens and the public at large. 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF PALM BEACH GARDENS, FLORIDA that: 31 32 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 33 34 SECTION 2. The City Council hereby approves the Emergency Medical Services 35 Third-Party Billing and Reporting Services Agreement with Advanced Data and 36 Processing, Inc. and hereby authorizes the Mayor to execute such agreement. 37 38 SECTION 3. This Resolution shall become effective immediately upon adoption. 39 40 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~9 Resolution 74, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ---------------David Levy, Mayor ATTEST: BY: -----------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: -------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attomey_share\RESOLUTIONS\2012\Resolution 74 2012-ADPI-agmt.doc Page 2 of 2 Resolution 71, 2012 EXHIBIT "A" PALM BEACH GARDENS ·~ lllliqrw place to live, learn. I4'0ii cl play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR EMERGENCY MEDICAL SERVICES THIRD-PARTY BILLING AND REPORTING SERVICES AGREEMENT NO.: RFP2012-004FR THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Advanced Data Processing, Inc. dba lntermedix, a Florida corporation (hereafter referred to as "Contractor"), whose address is 6451 North Federal Highway, Suite 1000, Fort Lauderdale, Florida 33308. WHEREAS, the City desires to retain the services of the Contractor to provide emergency medical services third-party billing and reporting services in accordance with the City's Request for Proposals No. RFP2012-004FR, and the Contractor's response thereto, all of which are incorporated herein by_ reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF REQUEST FOR PROPOSALS The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Request for Proposals No. RFP2012- 004FR and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide emergency medical services third-party billing and reporting services identified in the specifications accompanying the City's Request for Proposals, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the referenced Request for Proposals. Page 11 of 3 City of Palm Beach Gardens Agreement No.: RFP2012-004FR ARTICLE 4 . MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered , telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 Advanced Data Processing, Inc. dba lntermedix 6451 North Federal Highway, Suite 1000 Fort Lauderdale, Florida 33308 Attn: Doug Shaman, President & CEO Facsimile: (954) 308-8725 b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This Agreement shall be effective from the date executed by both parties and for three (3) years until July 31 , 2015, with the option to renew for an additional two (2) years at the City's sole discretion. ARTICLE 6. CONTRACT AMOUNT The estimated contract amount is Four Hundred Thousand Dollars ($400,000) for the initial contract term of three (3) years. Notwithstanding the estimated contract amount, the City does not guarantee to the Contractor that this amount will be expended during the contract term . Page 12 of 3 City of Palm Beach Gardens Agreement No .: RFP2012-004FR IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: _______________ _ David Levy, Mayor ATTEST: By: ____________________ _ Patricia Snider, CMC, City Clerk xecuted by the Contractor this ~ .3 day of __ .Jt_u..,_fJ-1-----' 2012. WITNESSES: ADVANCED DATA PROCESSING, INC. dba INTERMEDIX By: C,.,q Abwt. Print Name: C,ivdj ().li;..J,t:~ By:~ Print Nam~,o I G :\attorney_share\AGREEMENTS\ADPI -RFP2012-004FR Agreement-third party billing.docx Page I 3 of 3 EXHIBIT "A" PRICING SCHEDULE City of Palm Beach Gardens Agreement No .: RFP2012-004FR 9.1 RATES The City shall pay the Contractor at the below price rates for the Contractor's provision of the services and performance of the contract as per the Scope of Services and the terms and conditions: NOTE: a. Billings i. ii. Percentage of Net Collections (Total collections less refunds): Flat Fee for Medicaid-related Collections: b. Reporting Electronic Patient Care Reporting Services i. For Five (5) Transport Units: ii. For Spare Unit: 4.75% $7.00 per Medicaid Claim 1.75% 0.25% The City is exempt from paying sales and excise taxes. A tax-exempt certificate will be provided upon request. ------~----------~------------------------- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Resolution 75, 2012 Subject/Agenda Item: Contract award to Southern Self Storage for lease of storage locker units to house City records and/or property. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Community Services Advertised: Date: Paper: Purchasing and ~1:"4-[ X ] Not Required Km!Ra Submitted by: Affected parties ~--------------~ Approved by: [ ) Notified [ X ] Not required Costs: $54,000.00 (Total) $900.00 Current FY Funding Source: [ ] Operating Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: [x] Other • Resolution 75, 2012 Contract/Agreement: Effective Date: 09/01/2012 Expiration Date: 08/31/2017 Budget Acct.#: 001.0900 .519 .3455 001.3030.539.3400 -Exhibit "A" Meeting Date: August 9, 2012 Resolution 75, 2012 Page 2 of 2 BACKGROUND: Pursuant to Section 216 of the General Records Schedule GS1-SL for State and Local Government Agencies, the City is required to retain architectural/building plans for commercial structures for the life of said structure, or 1 0 years after issuance of a certificate of occupancy, which ever is later. Such plans are frequently accessed by City staff, and, therefore, are stored offsite at Southern Self Storage, a secure and convenient storage facility located on Burns Road. The volume of records has grown significantly over the past several years due to construction activity, which has resulted in rental of additional storage units. On May 20, 2012, the City advertised Invitation to Quote No. ITQ2012-001BS , Rental of Storage Locker Units, with a due date of June 8, 2012 ; however, no responses were recieved . Subsequently, the City approached the incumbent vendor, Southern Self Storage, to negotiate for continuation of services. The City wishes to retain Southern Self Storage's services at the rates identified below, and under a Bid Waiver, for a period of five (5) years with a five (5) year renewal option. If approved, the contract for such services will be effective September 1, 2012. Funding for this contract is provided by the General Fund. Existin Units QUANTITY SIZE OF LOCKER UNITS MONTHLY PRICE One 1 1 0' X 12' ----'-----+----------:-$2-:--0::-:0~. o=-=o------1 ~--~----------~~--~------~ One 1 1 0' x 40' combination of units) $700.00 ~~~~--+-------~----------~ Total Monthly Payment: $900.00 ~----------------------------- Additional Units UNIT SIZE MONTHLY PRICE 10' X 12' $200.00 10' X 10' $175 .00 STAFF RECOMMENDATION: Staff recommends approval of Resolution 75, 2012 as presented . 1 RESOLUTION 75,2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR THE 6 LEASE OF STORAGE LOCKER UNITS TO SOUTHERN SELF 7 STORAGE; AUTHORIZING THE MAYOR TO EXECUTE THE 8 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 9 OTHER PURPOSES. 10 11 12 WHEREAS, the City desires to lease storage locker units for the purpose of City 13 record and/or property storage; and 14 15 WHEREAS, the City issued Invitation to Quote No. ITQ2012-001 BS for such 16 services, and no responses were received; and 17 18 WHEREAS, subsequently, the City approached the incumbent vendor, Southern 19 Self Storage, to negotiate for continuation of services; and 20 21 WHEREAS, the City desires to retain the services of Southern Self Storage, 22 under a Bid Waiver, for the lease of storage locker units in accordance with the terms 23 and conditions of Invitation to Quote No. ITQ2012-001BS and the vendor's written quote 24 dated June 12, 2012; and 25 26 WHEREAS, the City wishes to execute an agreement with Southern Self 27 Storage, attached hereto as Exhibit "A"; and 28 29 WHEREAS, the City Council deems approval of this Resolution to be in the best 30 interests of the health, safety, and welfare of the residents and citizens of the City of 31 Palm Beach Gardens and the public at large. 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 SECTION 2. The City Council hereby approves the Agreement with Southern 40 Self Storage, authorizes the Mayor to execute the Agreement, and authorizes the City 41 Manager to execute any future addenda. 42 43 SECTION 3. This Resolution shall become effective immediately upon adoption. 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 75,2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ---------------------David Levy, Mayor ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G :\attorney_share\RESOLUTIONS\2012\resolution 75 2012-storage locker unit rental.doc Page 2 of 2 Resolution 75, 2012 EXHIBIT "A" PALM BEACH GARDENS ';f lllliqw place lo live, 1e<rm. wrri 4 play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 BID WAIVER AGREEMENT FOR LEASING STORAGE LOCKER UNITS AGREEMENT NO.: BW-ITQ2012-001BS THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Burns Road East Associates LTD as Southern Self Storage, a Florida corporation (hereinafter referred to as "Contractor"), whose address is3300 PGA Boulevard, Suite 350, Palm Beach Gardens, Florida 33410. WHEREAS, the City desires to retain the services of the Contractor for the lease of storage locker units in accordance with the City's Invitation to Quote No. ITQ2012- 001 BS and the Contractor's written quotation dated June 12, 2012, all of which are attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO QUOTE The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Quote No. ITQ2012-001 BS and the Contractor's quotation dated June 12, 2012, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall lease to the City storage locker units as described in the ITQ and the Contractor's quotation of June 12, 2012. The City will lease the units as follows: · Page 11 of 4 QUANTITY SIZE OF LOCKER UNITS One (1) 10' X 12 ' One (1) 1 0' x 40' (combination of units) Total Monthly Payment City of Palm Beach Gardens Agreement No.: BW-ITQ2012-001 BS MONTHLY PRICE Two Hundred Dollars ($200) Seven Hundred Dollars ($700) Nine Hundred Dollars ($900) The rental prices shall remain fixed and firm during the term of this Agreement. The City may rent additional units during the term of the Agreement at the following prices: UNIT SIZE MONTHLY PRICE 10' X 12' Two Hundred Dollars ($200) 10' X 10' One Hundred Seventy-Five Dollars ($175) ARTICLE 3 . PAYMENTS The City shall pay to the Contractor, by the first day of each month, the sum of Nine Hundred Dollars ($900) by electronic fund transfer (EFT) according to the terms and conditions of the referenced Invitation to Quote. The Contractor shall provide the City with the required banking information to facilitate the EFT payments . This Agreement shall be subject to fiscal funding out by the City. ARTICLE 4 . MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated , or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: Page 12 of4 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Attorney Facsimile: (561) 799-4139 As to the Contractor: City of Palm Beach Gardens Agreement No.: BW-ITQ2012-001BS Burns Road East Associates, LTD As Southern Self Storage 3300 PGA Boulevard, Suite 350 Palm Beach Gardens, Florida 33410 Attn: Ken Fitzgerald, Property Manager Facsimile: (561) 622-2676 b. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This Agreement shall be effective from the date of execution by both parties, and shall expire on the last day of the month of the five-(5) year contract term. The City shall have the option to renew this Agreement for another five (5) years, pursuant to the provisions of Section 6 of the Invitation to Quote. ARTICLE 6 . TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon thirty (30) days' written notice to the other party. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for Services rendered to the City's satisfaction through the date of termination. The City's obligation under this Agreement shall be contingent upon the availability of funds lawfully appropriated for its purpose by the City Council. (The remainder of this page intentionally left blank) Page 13 of4 City of Palm Beach Gardens Agreement No.: BW-ITQ2012-001BS IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: ____ ----=:---:--:----------- David Levy, Mayor ATTEST: By:~-----~~-~--­ Patricia Snider, CMC, City Clerk Executed by the Contractor this Jf1h day of ----llc.J.:::...~;._-..4------' 2012. BURNS ROAD EAST ASSOCIATES, LTD as SOUTHERN SELF STORAGE WITN?PS ~ By: r f Print Name :+< i? n = By: rfl:l;rzl. ~ Printame: He/fN £.. w.Lt...t ~s G :\attorney_share\AGREEMENTS\rentallockers-BW-ITQ2012-001 BS Agreement.docx Page 14 of4 EXHIBIT "A" City of Palm Beach Gardens Agreement No.: BW-ITQ2012-0018S ITQ NO.: ITQ2012-001BS DUE DATE: June 8, 2012 INSTRUCTIONS PALM BEACH GARDENS ':.4 unique place to live, learn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT INVITATION TO QUOTE TITLE: Rental of Storage Locker Units TIME: 2:00PM Sealed quotations must be received on or before the date and time (Local Time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened in the City Council Chambers. Each bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the bidder's name, return address, ITQ number, due date for quotations, and the title of the ITQ. Included in the envelope shall be one (1) original and two (2) copies of the quotation, and one (1) electronic version on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). BROADCAST The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its solicitation documents. The City's solicitation information can be obtained from: a) Public Purchase -Please contact Public Purchase at support@publicpurchase.com; www.publicpurchase.com; or call 801-932-7000 for additional information on registration. b) DemandStar-Please contact DemandStar at www.demandstar.com or by calling them at 1-800-711-1712. c) The City's Vendor list-The City emails all advertised solicitations to vendors which have joined the City's Vendor list. To join the City's Vendor list, please visit the City's Purchasing webpage at http://www.pbgfl.com/content/72/12485/default.aspx and click on the "Join Vendor List" link. Bidders who obtain solicitations from sources other than those named above are cautioned that the Invitation to Quote package may be incomplete. The City will not evaluate incomplete quotation packages. DemandStar and Public Purchase are independent entities and are not agents or representatives of the City. Communications to these entities do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the hard copy solicitation documents, the terms and conditions of the hardcopy documents will prevail. CONTACT PERSON Any questions regarding the specifications and solicitation process must be submitted in writing to the Purchasing Department for the Purchasing and Contracts Director at kmra@pbgfl.com. To allow enough time for the City to respond, requests for clarification and additional information should be received at least forty-eight (48) hours before the Due Date for quotations. Name of Bidder Page 11 ITQ2012-001BS PALM BEACH GARDENS ·~ unique place ro li~~e, learn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 LEGAL ADVERTISEMENT INVITATION TO QUOTE NO. ITQ2012-001BS RENTAL OF STORAGE LOCKER UNITS The City of Palm Beach Gardens is seeking quotations from qualified firms to provide rental of storage locker units, in accordance with the terms, conditions, and specifications contained in this Invitation to Quote. Invitation to Quote documents are available beginning May 21, 2012, at 8:00 a.m. local time on the City of Palm Beach Gardens website at http://www.pbgfl.com and following the links for DemandStar or Public Purchase, or by contacting the City Clerk's Office at {561) 799-4121. Sealed quotations must be clearly marked "ITQ2012-001BS, Rental of Storage Locker Units" and delivered to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410. The deadline for submission of quotations is June 8, 2012 at 2:00 p.m. local time. At that time, the quotations will be publicly opened and read aloud in the City Hall Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late quotations will not be accepted, and returned to the sender unopened. It is the responsibility of the bidder to ensure all pages are included in the submission. All bidders are advised to closely examine the solicitation package. Any questions regarding the completeness or substance of the solicitation package or the goods or services must be submitted in writing via email to the Purchasing and Contracts Director, kmra@pbgfl.com or {561) 799-4134 no later than June 1, 2012 by 5:00 p.m. local time. The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday, May 20, 2012 Page I 2 ITQ2012-001BS PALM BEACH GARDENS ':4 unique place to live, learn, work & play" PURCHASING DEPARTMENT INVITATION TO QUOTE 1. PURPOSE The purpose of this Invitation to Quote is to secure quotations for the rental of storage locker units for the City of Palm Beach Gardens, as listed and specified herein. Quotations must be submitted on or before the due date shown on Page 1. 2. PAYMENTTERMS a. In accordance with Florida Statutes, Section 218.74, payment shall be 45 days from receipt of a proper invoice {30 days for small business enterprises). b. On submission of a proper invoice, the City shall pay the awarded bidder monthly payments, in advance, for each locker unit rented under this contract. 3. DELIVERY Intentionally Omitted 4. METHOD OF AWARD Award will be made to the responsive, responsible bidder which offers the lowest price. 5. TERM OF CONTRACT: FIVE (S) YEARS This contract shall commence on the effective date of the duly executed Agreement, and shall remain in effect for five {5) years, contingent upon the completion and submittal of all required Bid documents. The contract shall expire on the last day of the last month of the five {5)-year contract term. 6. OPTION TO RENEW Prior to, or upon completion, of the initial contract term, the City shall have the option to renew this contract for an additional five (5) years. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the awarded Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. Should the awarded Bidder decline the City's right to exercise the option period, the City may consider the awarded Bidder in default, which decision may affect that Bidder's eligibility for future City contracts. 7. INSTRUCTIONS TO BIDDERS i. ii. iii. Page I 3 All prices shall be F.O.B. Destination delivery point including all costs and freight unless otherwise specified. Failure to complete and sign this Invitation to Quote renders your bid/quotation non- responsive and ineligible for award. Where a sealed quote is required, the bidder must submit the sealed quote by the specified time and date indicated above to the Purchasing Department or the City ITQ2012-001BS PALM BEACH GARDENS ':4 unique place to live, learn, work & play" department at the address indicated on this form. The envelope must state that it is a sealed quote and include the quote number and opening date. No telephone or fax quotes will be accepted. iv. Where a sealed quote is NOT required, the bidder should submit its written quotation by fax or email to the Purchasing Department. v. Quotes received after the time and date specified, will not be accepted. vi. Requests for additional information or clarification must be made in writing to the Purchasing Department. The City will issue additional information or clarification by written addenda prior to the scheduled opening date. It is the bidder's responsibility to assure receipt of all addenda . 8. TERMS AND CONDITIONS i. ii. iii. iv. v. vi. vii. viii. ix. X. Page 14 The City of Palm Beach Gardens is exempt from sales and excise taxes . No taxes shall be included in the bidder's quotation. The City may reject any or all quotations, or any portion of the quotation, as it deems, in the best interest of the City. In case of default by an awarded bidder, the City of Palm Beach Gardens may procure the goods or services from other sources and charge the bidder, any excess cost or damages occasioned thereby. It is agreed that all goods or services quoted shall comply with all Federal, State, and local laws relative thereto, and that the bidder shall defend actions or claims brought, and save harmless the City from loss, cost or damage by reason of actual or alleged infringements of patents, copyrights, etc. Bidder shall insert unit price and extension, as required, opposite each item. Where the un it price and the extension price are at variance, the unit price shall prevail. Where equal (substitute) item is quoted, the item must be equal to or exceed the specifications of the goods specified. The City shall be the sole judge of equality and the decision rendered shall be final. Where the bidder quotes an equal product, the bidder must include the manufacturer, model, description, and any other information necessary for the City to make an evaluation. The City, at its sole discretion, may request additional information during the evaluation period. This Invitation to Quote Form, any addenda, and/or properly executed modifications, the purchase order (if issued), and a change order (if applicable), constitute the entire contract. All material specified herein shall be fully guaranteed by the bidder against factory defects. The bidder at no cost to the City shall correct any defects, which may occur as the result of faulty material or workmanship, within the period of the manufacturer's standard warranty. The City does not waive the implied warranties granted under the Uniform Commercial Code. All goods and materials shall be new and unused, unless otherwise specified by the City as part of this Invitation to Quote . The City may, at its sole discretion, extend the delivery date where the City determines that it is in the best interest of the City . ITQ2012-001BS PALM BEACH GARDENS ·~unique place to live, learn, work & play" xi. Rejected goods remain the property of the bidder and all risk of loss remains with the bidder. Bidder must remove all rejected goods from City property within the time frame established by the City. xii. The City Manager or designee shall issue an award under this solicitation . The awarded bidder shall honor no request for performance until the Manager, or designee, has made an award. xiii. Any bidder may protest any recommendation for contract award in accordance with the applicable provisions of the City of Palm Beach Gardens purchasing policies. xiv. Costs of mandatory random audit by the Inspector General are incorporated into this contract as 1/4 of 1% of the contract price. Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed programs, contracts, transactions, accounts, records and programs. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all County contracts. The cost of random audits shall be incorporated into the contract price of all contracts and shall be one quarter (1/4) of one (1) percent of the contract price, except as otherwise provided in the County Code. 9. COPY OF BID TABULATION The City will provide a copy of the tabulation of quotations via email to all responders to this Invitation to Quote. 10. LEGAL REQUIREMENTS Bidders are advised that this contract is subject to all legal requirements contained in all applicable City and County Ordinances and/or State and Federal Statutes. Where conflicts exist between this bid solicitation and these legal requirements, the higher authority shall prevail. 11. BIDDER STATUS Intentionally Omitted 12. TECHNICAL SPECIFICATIONS Page I 5 Below are the minimum requirements for the storage locker units the City intends to rent: a. Size: Currently the City rents four (4) units from a City vendor. Three (3) locker units are combined into one large unit with a total area of 400 SF (10x40). This combined unit houses the Building Department's plans and records. A separate locker unit measuring 120 SF (10x12) that is currently being used by the Public Facilities Department for furniture storage. In the near future, it is anticipated the City will need to acquire at least two (2) more units: one for records file storage and one for Public Facilities storage. ITQ2012-001BS PALM BEACH GARDENS ':4 unique place to live, leom. work & play" b. Maximum distance from City Hall: The storage facility must be located within the City limits, but not more than two (2) miles from City Hall. This is imperative due to staff response and travel time considerations. c. The City will provide its own shelving racks. d. Each unit must be air-conditioned/climate controlled . e. Access to units must be available 24 hours per day/7days per week. f. If the awarded Bidder is NOT the incumbent vendor, the awarded Bidder must relocate/move items from the current location. This cost must be included in the Bidder's quotation as a separate charge and will not be part of the bid evaluation in determining the lowest price offered. g. Level of security: The documents and records to be stored are critical to the continuity of City operations. The Bidder's facility must have a high level of monitoring and security acceptable to the City, for example, cameras, physical barriers, access codes to building, etc. h. Power: Units must have self-controlled lighting (switches within the units) and have access to electrical hook-up. i. Doors: Garage-style door is preferred, but not required. 13. PRICING TOTAL ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE MONTHLY PER MONTH RENTAL 1. 2 Each 10' x 40' Storage Locker Units, Rental $ $ (with room for expansion, if possible) 2. 1 Each 10' x 10' Storage locker Units, Rental $ $ 3. 1 Each 10' x 12' Storage Locker Units, Rental $ $ . . TOTAL $ .. 4. Cost to relocate from current location (if NOT the incumbent vendor):* $ • This cost will not be considered in the bid evaluation in determining the lowest price offered. Page I 6 ITQ2012-001BS PALM BEACH GARDENS ':4 unique place to live, learn, work & play" It is hereby certified and affirmed that the bidder shall accept any awards made as a result of this quotation. Bidder further agrees that prices quoted will remain fixed for a period of ninety (90) days from date quotation is due. If awarded a purchases order or contract as a result of this solicitation, bidder further agrees that prices quoted shall remain fixed and firm for the term of the contract. Authorized Signature:------------Title:----------- Print/Type Name:-------------Phone: ________ _ E-mail:----------------Fax: ---------- Firm Name:---------------------------- F.E.I.N. No.:__}_-__}__}__}__}__}__}_ Address:----------------City: ____ _ State: NOTE: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF THE BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. 14. ADDENDUM Addenda Received: DYes D No Page I 7 If yes, please indicate the number of addenda received: ITQ2012-001BS PALM BEACH GARDENS 'if unique place to live, learn, work & ploy " CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All bidders must disclose within their quotations: the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities . Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this bid. Acknowledged by : Firm Name Signature Name and Title (Print or Type) Date Page I 8 ITQ2012-001BS PALM BEACH GARDENS ':4 unique place to live, leam, work&: play" NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes (2009), you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit quotations on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S .] for Category Two [$25,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 19 ITQ2012-001BS PALM BEACH GARDENS ':4 unique place to live, learn, work & play" DRUG-FREE WORKPLACE _______________________ is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 110 ITQ2012-001BS PALM BEACH GARDENS ':4 unique place to live, learn, work & play" NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned authority, personally appeared ------------J who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is of --------------' the bidder that has submitted a bid to perform work for the following: ITQ No .: _________ _ Title:--------------- b. He/She is fully informed respecting the preparation and contents of the attached Request for Quotations, and of all pertinent circumstances respecting such solicitation. Such bid is genuine and is not a collusive or sham bid. c. Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm, or person to submit a collusive or sham bid in connection with the solicitation and contract for which the attached bid has been submitted or to refrain from proposing in connection with such solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix the price or prices in the attached bid or any other bidder, or to fix any overhead, profit, or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract. d. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Subscribed and sworn to (or affirmed) before me this day of 2012, by who is personally known to me or who has produced --------------------as identification. SEAL Notary Signature ____________ _ Notary Name:------------- Page Ill ITQ2012-001BS PALM BEACH GARDENS "A unique place to live, learn, work & play" DRAFT FORM OF AGREEMENT Below is the standard agreement format for this Invitation to Bid. This is a sample agreement only and is subject to revisions. AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and a corporation (hereafter referred to as "Contractor"), whose address is------------------------- WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Invitation to Quote No.ITQ2012-001BS. and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Quote No. ITQ2012-001BS, and the Contractor's response to the Invitation to Quote, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid . ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 112 ITQ2012·001BS i. ii. PALM BEACH GARDENS ':4 wtique place to liw:, learn, work & p/lry" As to the City: with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn : City Manager Facsimile : (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 iii. As to the Contractor: Attn.:. __________ _ Facsimile:. _________ _ b. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date . The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. (The remainder of this page intentionally left blank) Page 113 ITQ20 12-Q01BS PALM BEACH GARDENS ·~ wrique plm:e to live, leDm, work &: play " IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of _________ __. 2012. CITY OF PALM BEACH GARDENS, FLORIDA [SEAL] By: ----------------- ATTEST: By:. ___________________ _ Patrici a Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. ___________________ _ R. Max Lohman, City Attorney Ronald M . Ferris, City Manager Executed by the Contractor this __ day of ________ ___, 2012. By : _________________________ _ Print Name: ____________ _ Title:. _______________ _ WITN ESS: [CORPORATE SEAL] By : ____________________ _ Print Name:------------ By : _____________________ _ Pr int Name:------------ Page 114 ITQ201 2-001BS CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Resolution 77, 2012 Subject/Agenda Item: Resolution 77, 2012-Legacy Place Planned Community Development (PCD) Public Hearing and Consideration for Approval: A request by Legacy Place PCD to exceed the maximum number of special events permitted by Section 78-187 of the City Code. The Legacy Place Planned Community Development (PCD) is located on the southwest corner of PGA Boulevard and Fairchild Gardens Avenue. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewe by: r f Planning & Approved By: City Man~ Originating Dept.: Finance: Planning & Zoning: Accountant ~I Project Manager JR_ sarah Varga Tamashbeen Rahman, Planner 1-----------l Fees Paid: N/A ] Quasi-Judicial ] Legislative Funding Source: 1---]_P_u_b_lic_He_a_r_in_g --t [ 1 Operating Advertised: [X] Other N/A [ ] Required [X] Not Required Affected parties: [ ] Notified [X] Not Required Budget Acct.#: N/A Contract/ Agreement: Effective Date: N/A Expiration Date: N/A City Council Action: [ ] Approval [ ] Approved w/ Conditions ] Denial ] Continued to: __ Attachments: • Development Application • Resolution 77 , 2012 EXECUTIVE SUMMARY Meeting Date: August 9, 20 12 Resolution 77, 2012 Page 2 of 3 The subject request allows the shopping center at Legacy Place PCD to have more than four (4) special events per calendar year at one (1) location , and more than twelve (12) special events overall per calendar year, which is the maximum allowed by City Code unless otherwise approved by City Council. Staff supports the Applicant's request for two (2) additional special events for a total of six (6) events each year at one (1) location , for 2012 and 2013. In addition , staff also supports the Applicant's request for five (5) additional special events for a total of 17 special events each year for 2012 and 2013. BACKGROUND On May 3, 2001 , the City Council adopted Ordinance 10, 2001 , approving the rezoning of approximately 7 4 acres of land from Planned Development Area (PDA) to Planned Community Development (PCD) and the master site plan for Legacy Place. On July 1, 2004, the City Council adopted Resolution 129, 2004, approving an amendment to the site plan to allow the construction of a mixed-use development consisting of 399 ,000 square feet of commercial space and 69 ,000 square feet of office space. On August 4 , 2005, the City Council adopted Resolution 108, 2005 , approving an amendment to Resolution 89, 2005 to specify certain times for the installation of art in public spaces and to amend certain conditions of approval related to landscaping . On September 6, 2006, the City Council adopted Resolution 94, 2006 , approving the elimination of certain conditions of approval related to the provision of shared parking in the PCD. On August 20, 2009, the City Council approved Resolution 35, 2009 , approving the placement of 58 banners in the commercial portion of the PCD . PROJECT DETAILS Site Details The subject PCD is approximately 7 4 acres in size and is located on the southwest corner of PGA Boulevard and Fairchild Gardens Avenue. The site has vehicular access from PGA Boulevard , Fairchild Gardens Avenue, and Alternate A 1A. Subject Request City Code Section 78-187 establishes the maximum number of special events a business , tenant, or plaza is permitted to have each calendar year. The Code states that " ... no more than four (4) special events every calendar year shall be held by any applicant at one (1) location, unless otherwise approved by the City Council. .. ". The Code also states that commercial plazas with "eleven (11) tenants or more are permitted twelve (12) special events per calendar year." Meeting Date: August 9, 2012 Resolution 77, 2012 Page 3 of 3 The Applicant would like to hold two (2) additional special events at one (1) location in 2012 and 2013, for a total of six (6) special events at one ( 1) location (i.e ., the top floor of the parking garage for the event "Cinema Under the Stars") each year. Furthermore, the Applicant would like to hold five (5) additional special events in 2012 and 2013, for a total of 17 special events each year at the shopping center. Attached to Resolution 77, 2012 is the tentative schedule of events at Legacy Place for the calendar years, 2012 and 2013 with event descriptions, shown as Exhibit "8". The Applicant has requested additional events in 2012 and 2013 that have not been finalized; hence, these events are listed as "TBD Tenant Event" in the tentative schedule of events. Staff Analysis Staff is supportive of the additional number of special events for the shopping center at Legacy Place PCD . All of the proposed events will take place within the PCD. There are multiple access points from PGA Boulevard, Alternate A1A, and Fairchild Gardens Avenue, which provides patrons visiting the site various options to enter and exit easily, and no events are anticipated to require special traffic circulation allowances. The shopping center at Legacy Place is approved for 2,049 parking spaces, so the subject parcel has sufficient parking spaces to accommodate attendees within the site. Furthermore, all of the special events require a Special Event permit application, which is submitted to the Planning and Zoning Department for review. In addition, each of the events is open to the public and will be an overall benefit to the community at large. Some of the proposed events will provide patrons the opportunity to donate to various charities in the area. Many of the events listed, such as "Cinema Under the Stars", constitute a special event by the City Code, but are small-scale, local events that will only impact certain areas of the Legacy Place PCD. STAFF RECOMMENDATION Staff recommends approval of Resolution 77, 2012 as presented, with the following conditions of approval: 1. The additional number of events permitted at one ( 1) location shall be limited to only the event, "Cinema Under the Stars", located on the garage rooftop. Any modification to allow an alternate location to exceed additional events shall be approved by the Director of Planning and Zoning. (Planning & Zoning) 2. The special events shall occur in accordance with the schedule of events submitted for the calendar years, 2012 and 2013 . Any modifications to the events listed on the schedule shall be approved by the Director of Planning and Zoning. (Planning & Zoning) ;- CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department M l ~ ~-l;;l-<J1-0000 ~~ CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: CPianned Community Development (PCD) CPlanned Unit Developmen~ (PUP) '(]Amendment to PCD, PUD or Site Phu'l . _ . '• • • '• I •. C:~~nditiohal Use ·· · · ,, 0Amendment to the Comprehensive Plan C)Administrative Approval 0Administnitiv'e Appeal · · • , Project Name: le5QCtjV\QCL_ Owner: E) Ll ..... J1:LArcv:s C Annexation CR.ezoning OSite Plan Review . CCo~currency Certificate C iTime Extension ~Miscell~neous cotner-.... [--·-.--------- nate Submitted: L _____________ _] Applicant (if not Owner): · H~ CfD le.-"-'~ £Avet-t.0e.. "5.)v-ie:-::l6D _ Applicant's Address: ~~ ~ ~Lf/D TelephoneNo. ("'J..p f-TI(.fl ~o-;::;.L( / Agent: /fl 0-~-~ lN fO __ Sif!-v¥ Contact Person: doctVl-V1e~ l 1-V\ E-Mail:. Jfi!J· I ( nt]?J (J vu flle rnav t-pv . -su~ fC'_,_ cOw-) Agent's Mailing Address: J {d--q[) LC9a_c.;,J= ~e_ f5b6 FL S~Lt[I:J Agent's TelephoneNumber: "S LQ-l-J I({} -Od-l/. f FOR OFFICE USE ONLY Petition Number: Date & Time Received: Fees Received Application$ Engineering$ Receipt Number: 1 •. -~ f--· .-., . ..,.,. .~ . ~-.... ~''AN. ~o,., ' I Architect: ------------------------------------------------------ Engineer: ------------------------------------------------------ Planner: ------------------------------------------------------- Landscape Architect: ----------------------------------------------- Site Information: Note: Petitionea· shall submit electronic digital files of approved projects. See attachment for details. General Location: 'fGA-~~VJ) · $C)Q~ ~ tl:>E I ~ i>E!:6, FL Address: (/ J. ~0 ~{;/t(!_,yA1f€ 3'3'fl0 ~~-r \} ~~ -t'o rlf\. G cu-o(e,t~~ ~' tt"' ,Jt;( Go. ~ot~ 1'}11~U~ Section: Township: Range: -------------------------- Property Control Number(s): s ;l -'t 3 -lf d.-a "-0?0 -oo I -o 00 0 Acreage: CurrentZoning: RequestedZoning: -------------------------------- Flood Zone _________ Base Flood Elevation (BFE) -to be indicated on site plan. ___ _ Current Comprehensive Plan Land Use Designation: --------------------------- Existing Land Use: Requested Land Use: ---------------------------------- Proposed Use(s) i.e. hotel,singlefamily residence,etc.: --------- Proposed Square Footage by Use: ---------------------------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. {if applicable): 2 , '·. ''I Justification Information concerning all requests (attach additi onal sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: ----------------------------------------- f2eQ_0C"E>.f ·£v' o..dcJc-hCYtet.J evfctG-l S £( c9()JC;rCUA-d d0/3 {L-eq 0 es.J-fOr-a...ddcf-u:.Yvto .. ) -fvee_ m o..h e It\ Lfj n. fs j-0 2. What will be the impact of the proposed change on the surrounding area? 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open sp ace, Intergovernmental Coordination and Capital Improvement. V\ l 0'-. . . . . ' 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Develop ment Regulations)? 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? · 6. Has project received concurrency certification? Date Received:[ _______ · ________________________ __j Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location V 1 <!..k'ot'"t~ c;;~" ~ bGkWeen ~ The subject property is located approximately l"'"'ile(3) flom theintersectionof ft\1~~1 }o{ ~~,.,(~ ~n rw~s - -----------, on thel I north,Qeast~west side of _____ _ :P <9ft Pl.. \ij) · (street/road). 4 Statementof Ownership and Designatiomf AuthorizedAg&lt Before me, the undersigned authority, personally appeared S'a~tdrri. fll V tdo /0 w1io, being by me first duly sworn, on oath deposed and says: -------------------- 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. TI1at he/she is requesting ....;p~e (:._..:....1'-=-'-' J-_s __________________ in the City of Palm Beach Gardens, Florida. 3. Tilat he/she has appointed ___,_/_._1fl=-:' r~.s;;:,__:.e...;..l...:.f_' ________________ to act as authorized agent on his/her behalf to accomplish the above project p.5 Name of Owner. {; {.,(_ V .S ~~ft.tj } J. L · f , ft . Jn } Aj G l& 0 s ti1iJ 1 Cu f, r.f5 (i!~er4 r a Tlnet /J . ,JJLii lrLM j[v1C Sav1dra Murdo{ o f_V i <.L rvPJJ'de~t- ~ignatureof Owner v By: Name/Title 1 fJoo s /D u "'1 « Ave a ve ,0 tp . 112.0 Dr ltto dv F t 3 ~Po 1 Street Address 1 City, State, Zip Code P. 0. Box City, State, Zip Code Telephone Number Fax Number Sct•\llra. Murdl>lo@jll-f1Lftners -vs. com E-mail Address · 5 p.S Applicant"s CertifiCation . J/We atrum and certifY that Uwe understand and will comply with the land ·development regulations of the City ofPaJm Beach Gardens, Florida. I We further certi(y tbat the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, Ilwe understand that this application, auachments, and application filing fees become a part of the official recoros oftbc City ofPabn Beach Gardens. Florida, and are not returnable. Applicant is: JA~ ~ Signatureof Applicant ~ • N0wner 5til'tdrtt Mvtd-o lo 1 V 1ce Pf~J1dR.tri--GLL V 5 eA-etl/ CorP· f7 '\..._ Print Name of Applicant S fe / C Optionee :;€ bLL iealf:?K.butd?tflnerJ, ,).r;O S. OiaiU_jeAre, '~· S tAddress ' c Lessee or la~ (\.o FL 3l-8'0 I City, State,Zip Code QAgent TelephoneNl.B'nber C Conlract Purchaser 'lo7 ;;~3 ;c;r;;_. FaxNmlher 5ttl1fi.r4· MIJ~Jr;/o@g//-flt11iht-rS-IJ>. ~ 0114 E-Mail Address · . 6 p.7 P91m Beach Gardens Planning and Zoning Department 10500 North Militsry Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit# ________________ _ Financial Responsibility Fonn The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retai ned by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner andlor designee shall reimburse the Cily within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Deparbnent if the name andfor address of the responsible party changes at anytime duri~~. the application review process~ .J4-MAJ~,)v!--tf 7l!t/~tJ,t pwner signature'Dale 6t£, us !<t Ia i I LP hiJ. 6U l£ /(ek, f('()1' ') ITs s~-<f3 ... Cf;>.-{) ~-' t;]o -~o /-o e:J ol> Owner printed na"le ,; .f:~Aer~/ fqrt&?.r Property Control Number Seti\<U-ttl-f.urdt>Lu1 v ,ee rrl'si<fQI\r DESIGNEE/BILL TO: . Designee Acceptance Signature State of ______ at-large 1 RESOLUTION 77, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING ADDITIONAL SPECIAL 6 EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY 7 DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED 8 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING 9 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City Council, as the governing body of the City of Palm Beach 13 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 14 Statutes, and the City's Land Development Regulations, is authorized and empowered 15 to consider petitions related to zoning and land development orders ; and 16 17 WHEREAS, the City Council adopted Ordinance 10, 2001 , approving the 18 rezoning of approximately 7 4 acres of land from Planned Development Area (PDA) to 19 Planned Community Development (PCD) and the master site plan for Legacy Place ; 20 and 21 22 WHEREAS, the City Council adopted Resolution 129, 2004 , approving an 23 amendment to the site plan to allow for the construction of a mixed-use development 24 consisting of 399,000 square feet of commercial space and 69 ,000 square feet of office 25 space;and 26 27 WHEREAS, the City Council adopted Resolution 108, 2005 , approving an 28 amendment to Resolution 89 , 2005 to specify certain times for the installation of art in 29 public spaces and to amend certain conditions of approval related to landscaping ; and 30 31 WHEREAS, the City Council approved Resolution 94, 2006, approving the 32 elimination of certain conditions of approval related to the provision of shared parking in 33 the PCD; and 34 35 WHEREAS, the City Council approved Resolution 35, 2009 , approving the 36 placement of 58 banners in the commercial portion of the PCD; and 37 38 WHEREAS, Legacy Place PCD is currently zoned Planned Community 39 Development (PCD) and has a future land-use designation of Mixed Use (MXD); and 40 41 WHEREAS, the City Council has considered the evidence and testimony 42 presented by the Applicant and other interested parties and the recommendations of the 43 various City of Palm Beach Gardens reviewing agencies and staff; and 44 45 46 Page 1 of 3 Resolution 77, 2012 1 WHEREAS, the City Council deems approval of this Resolution to be in the best 2 interests of the health, safety, and welfare of the residents and citizens of the City of 3 Palm Beach Gardens and the public at large. 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 10 11 SECTION 2. The application is hereby APPROVED allowing Legacy Place PCD 12 to conduct two (2) additional special events for a total of six (6) events at one (1) 13 location each year, and five (5) additional special events, for a total of 17 events each 14 year for 2012 and 2013, which are in addition to the general requirements otherwise 15 provided by resolution for the real property described as follows: 16 17 (See Exhibit "A" for Legal Description) 18 19 SECTION 3. This approval is subject to the following conditions , which shall be 20 the responsibility of and binding upon the Applicant, its successors, or assigns: 21 22 1. The additional number of events permitted at one (1) location shall be limited 23 only to the event "Cinema Under the Stars", located on the garage rooftop. 24 (Planning & Zoning) 25 26 2. The special events shall occur in accordance with the schedule of events 27 submitted for 2012 and 2013 . Any modifications to the events listed on the 28 schedule shall be approved by the Director of Planning and Zoning . 29 (Planning & Zoning) 30 31 SECTION 4. This petition is approved subject to strict compliance with the 32 Exhibits listed below , which are attached hereto and made part hereof as Exhibit "8": 33 34 1. 2012 Legacy Place Events -Tentative Schedule, received by the City on 35 July 23, 2012. 36 37 2. 2013 Legacy Place Events -Tentative Schedule, received by the City on 38 July 23, 2012. 39 40 SECTION 5. This approval shall be consistent with all representations made by 41 the Applicant or the Applicant's agent at any public hearing . 42 43 SECTION 6. This Resolution shall become effective immediately upon adoption . 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 77, 2012 PASSED AND ADOPTED this __ day of _______ ,, 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------David Levy, Mayor ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 77 2012-special events permits for Legacy Place.doc Page 3 of 3 Resolution 77,2012 EXHIBIT "A" LEGAL DESCRIPTION: LEGACY PLACE PCD THE PLAT OF THE LEGACY PLACE PCD AS RECORDED IN PLAT BOOK 90, PAGES 119 THROUGH 121 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 74.03 ACRES, MORE OR LESS. Resolution 77, 2012 EXHIBIT "B" @ LEGACY ----:== [!JJ~ ==-- 2012 Legacy Place Events Tentative Schedule Date Event Location October Cinema Under the Stars Garage Rooftop October TBD Tenant Event TBD November Miami Children's Grand Miami Children's Hospital Opening Event November Cinema Under the Stars Garage Rooftop December 1, 8, 15 Holly Village/Miami TBD Children's Hospital Charity Gift Drive December TBD Tenant Event TBD December Cinema Under the Stars Garage Rooftop Event Description Cinema Under The Stars -Free movie evening held on a Saturday night 1 x per month -October - March on the garage rooftop Holly Village -Free family event featuring holiday crafts, small animal petting zoo and entertainment held Saturday daytime. Toys collected for patients and families of Miami Children's Hospital r---- @ LEGACY ----'== 9'/ace-==-- 2013 Legacy Place Events Tentative Schedule Date Event Location J anuary Cinema Under the Stars Garage R ooftop J anuary/February Legacy Place D rive/Car Show Village Area Parking Spaces February Cinema Under the Stars Garage Rooftop March Cinema Under the Stars Garage R ooftop March TBD Tenant Event TBD April FoodandWme Village Areas May TBD Ten a n t Event TBD Se p temb er Back to School TBD O ctober TBD Tenant Event TBD O ctober H all oween Event TBD O ctober Cinema Under the Stars Garage R ooftop November Cinema Under the Stars Garage R ooftop Nove m ber TBD Tenan t Event TBD D ecem ber Cin ema Under the Stars Garage R ooftop D ecember 7, 14, 21 Holl y Days Vill age TBD Event Description Cinema Under The Stars -Free movie evening held on a Saturday night 1 x per month -October -March on the garage rooftop Holly Village -Free family event feat uring holiday crafts, small animal petting zoo and entertainment held Saturday daytime . Toys coll ected for patients and families of Miami Children's Hospital Legacy Place Drive Car Show -Free family event featuring collectable cars from 1920's thru present and entertainment. Entry fees all donated to TBD charity Legacy Place Food and Wine -Charity dine around event CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 2, 2012 Resolution 80, 2012 Subject/Agenda Item: Request to expend Law Enforcement Trust Fund monies [X) Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $175,000 Council Action: Police (Total) ':#=~ Chief SteptlenJtePp City Attorney [ 1 Approved RM~ $ Current FY [ 1 Approved w/ Conditions [ 1 Denied Advertised: NA Funding Source: Finance Administrator [ 1 Continued to: j)JJ J JP ~G.-v Date: [ 1 Operating /t 'px·r Allan OweniX ,. . Paper: [x 1 Other • Resolution 80, 2012 Purchasing and Law Enforcement -Exhibit "A": ContL~~t~~ Trust Fund Agreement [ x 1 Not Required Km!Ra ------------------------------- Submitted by: Contract/Agreement: Department Director Effective Date: NA 7Z=?/~ ~ Stephen J. Stepp Expiration Date: NA Affected parties Budget Acct.#: Approved by: [ 1 Notified 001.229.4500 001 .229.7400 ccz~ [ 1 Not required '/A As;;; -- Ronald M.ferris BACKGROUND: Meeting Date: August 9, 2012 Resolution 80, 2012 Page 2 of2 Request to expend Law Enforcement Trust Fund monies in the amount of $175,000 obtained through asset forfeitures to purchase an All-Hazard Special Response Vehicle through Armored Solutions, Inc. (GSA vendor). This Resolution is a request for the City's Police Department to purchase an All- Hazard Special Response Vehicle. This vehicle will be available for use by patrol officers and special response teams. In the event of a hurricane or other natural disaster, this vehicle can maintain patrol capabilities to perform citizen rescues and protect property. Patrol personnel and the SWAT Team will have the vehicle at their immediate disposal in order to respond to any high-risk situation. The vehicle is protected from severe weather, gunfire, and explosives, and will be equipped with search lights, a winch, and radio communications. It can also be equipped with the Department's Long Range Acoustical Device (LRAD), night vision technology, radiation detection, and medical equipment. This vehicle will elevate the City's level of officer safety and signficantly increase our department's capabilities during severe incidents. The Law Enforcement Trust Fund is made up of assets recovered from criminal cases that the Department has seized or through local, State, and federal task forces. The funds are to be used for expenses outside the Police Department's normal budget. This vehicle meets the guildelines as set forth through the Department of Justice Federal Equitable Sharing Agreement and Section 932.7055, Florida Statutes. It is expected that the vehicle will have a 20-year life expectancy, and has been approved by the Fleet Committee, which is comprised of staff members from various City departments. STAFF RECOMMENDATION: Staff recommends approval of Resolution 80, 2012 as presented. RESOLUTION 80, 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE EXPENDITURE OF $175,000 FROM THE LAW ENFORCEMENT TRUST FUND TO PURCHASE AN ALL-HAZARD SPECIAL RESPONSE VEHICLE; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Palm Beach Gardens Police Department has a Law Enforcement Trust Fund made up of assets recovered from criminal cases that the Department has seized or through local, state, and federal task forces, which funds are to be used for expenses outside the Police Department's normal budget; and WHEREAS, the Police Department wishes to purchase an All-Hazard Special Response Vehicle, which will be available for use by patrol officers and special response teams in cases of natural disasters and high-risk situations; and WHEREAS, this vehicle meets the guidelines set forth through the Department of Justice Federal Equitable Sharing Agreement and Section 932.7055, Florida Statutes, and will be purchased through Armored Solutions, Inc., a GSA vendor; and WHEREAS, an agreement for such purchase has been prepared and is attached hereto as Exhibit "A"; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. 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 approves the expenditure of $175,000 from Police Department's Law Enforcement Trust Fund for an All-Hazard Special Response Vehicle and authorizes the Mayor to execute the Agreement for such purchase. SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 80, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------David Levy, Mayor ATTEST: BY: ------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------~------R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN AYE NAY ABSENT ~- G :\attorney_share\RESOLUTIONS\2012\Resolution 80 2012-All Hazard Special Response Vehicle purchase through LETF .doc Page 2 of 2 Resolution 80, 2012 EXHIBIT "A" PALM BEACH GARDENS ':.4 unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR PURCHASE OF ARMORED TACTICAL VEHICLE AGREEMENT NO.: A-GS07F0528W-PD THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Armored Solutions, Inc., a corporation (hereafter referred to as "Contractor"), whose address is 20 Keeler Street, Pittsfield, Massachusetts 01201. WHEREAS, Section 2-294, Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the General Services Administration (GSA) awarded GSA Schedule GS07F0528W to the Contractor under its Cooperative Purchasing Program for the purchase of armored vehicles by law enforcement agencies; and WHEREAS, the Police Department wishes to purchase an Armored Tactical Vehicle (All-Hazard Special Response Vehicle), which will be available for use by patrol officers and special response teams in cases of natural disasters and high-risk situations; and WHEREAS, the City desires to access GSA Schedule GS07F0528W and purchase one (1) TK-4 Armored Tactical Vehicle, under the existing terms and conditions, as described in Exhibit "A", Description of Vehicle and Pricing, which is attached hereto and incorporated herein; NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: Page 11 of 5 City of Palm Beach Gardens Agreement No.: A-GS07F0528W-PD ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES The Contractor shall supply the vehicle with the listed options as identified in the Description of Vehicle and Pricing, which is attached hereto and incorporated herein as Exhibit "A". ARTICLE 2. PAYMENT The City will pay the Contractor One Hundred Seventy-Five Thousand Dollars ($175,000) based on the terms and conditions in GSA Schedule GS07F0528W. Notwithstanding, in accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 3. TERM The term of this Agreement shall be from the date executed by both parties until the delivery of the vehicle by the Contractor and inspection and acceptance by the City, inclusive of all warranty provisions of the contract. ARTICLE 4. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. ARTICLE 5. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City , its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 6. INSURANCE Intentionally Omitted. Page 12 of 5 City of Palm Beach Gardens Agreement No.: A-GS07F0528W-PD ARTICLE 7. MISCELLANEOUS PROVISIONS a . Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 Armored Solutions, Inc. 20 Keeler Street Pittsfield, Massachusetts 01201 Attn: Chris Light, President Facsimile: (413) 448-8700 b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. c. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Page 13 of 5 C ity of Palm Beach Gardens Agreement No.: A-GS07F0528W-PD f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto . i. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning . j. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non- prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. k. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. (The remainder of this page intentionally left blank) Page 14 of 5 City of Palm Beach Gardens Agreement No.: A-GS07F0528W-PD IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. ATTEST: By: ___________________ _ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIEN~ By: R. M~ttorney CITY OF PALM BEACH GARDENS, FLORIDA By: _____________________ _ David Levy, Mayor Executed by the Contractor this __ day of ________ , 2012. ARMORED SOLUTIONS, INC. By: _________ ~--------- Chris Light, President WITNESSES: By: ______________ __ Print Name: -------------------- By: ________________________ _ Print Name: _________________ __ G:\attorney_share\AGREEMENTS\Armored Solutions Inc-A-GS07F0528W-PD Armored Tactical Vehicle .docx Page 15 of 5 CITY OF PALM BEACH GARDENS 10500 N. MILTARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698 August 9, 2012 Workforce Alliance, Inc. 315 South Dixie Highway, Suite 102 West Palm Beach, FL 33401 Attn : Mr. Steve Craig, President/CEO Dear Mr. Craig: Due to the resignation of Mr. Max Davis, and in accordance with "Article 9, Duties and Responsibilities of the Palm Beach Workforce Development Consortium" and Attachment 1" of the Interlocal Agreement, effective immediately, this letter will serve as the City of Palm Beach Gardens Private Sector appointment of Mr. Kenneth Kirby to the Board of Directors. Mr. Kirby will serve in this capacity at the next Board ofDirectors meeting on August 16, 2012. We wish Mr. Kirby success in his new appointment Sincerely, ~~r-c .......... --- David Levy Mayor July 25, 2012 ATTN: Honorable Mr. David Levy, Mayor City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 3341 0 Dear Mayor Levy: Please note Mr. Max Davis is resigning from the Workforce Aniance. Inc. Board of Directors as the city of Palm Beach Gardens Private Sector appoinbnent. In accordance with • AlticJe 9. Duties and Responsl)ilities of the Palm Beach Woridorce Development Consortium• and •Attachment 1• of the lnterlocal Agreement, we are respectfully requesting the city of Palm Beach Gardens appointment of Mr. Kenneth Kirby to the Wortdoroe Alliance Inc. Board of Directors as Mr. Davis' replacement as a private sector appointment. Mr. Kirby is a resident of the city of Palm Beach Gardens and the President and Chief Executive Officer of TransDermal Technologies, Inc. located in Palm Beach Gardens. Since the issuance of the Company's first patents in September 2002, TransDermal Technologies, Inc. has begun col&aborating ooder contract with the research divisions of several pharmaceutical companies to explore potential TDS®-enhanced versions of their proprietary compounds. In the late 1980s, Mr. Kirby identified a novel transdennally active pharmaceutical compound, negotiated a license for its patents, raised the seed capital and subsequent mezzanine financing, formulated the product, designed the packaging, engaged its manufacturing and began marketing the product in the United States. Mr. Kirby receNed a BA in pre-medical studies from Florida State University with an emphasis in clinical psychopharmacol. He is a member of Phi Beta Kappa and the American Chemical Society. Mr. Kirby also is a Paul Harris Fellow of the Rotary International Foundation and serves on the Board of Advisors of the Jim Moran Institute for Global Entrepreneurship at Florida State University. Mr. Kirby's appointment to the Wortdorce Alliance. Inc. Board of Directors brings a plethora of value and experience. The next Workforce Alliance. Inc. Board of Directors meeting Is August 16, 2012. It would be greatly appt'8Ciated if the city of Palm Beach Garden's appointment of Mr. Kirby to the Board of DiA!ctors was in place for our August 16th Board meeting. Should you have any questions regarding Mr. Kirby or require further information to complete his appointment please do not hesitate to call me. Thanking you in advance for your assistance in this matter. Sincerely, .#~J~~ Steve Cra~ntiCEO Workforce Alliance, Inc. ~ ·~I.Miar·315 SoulllhitHiGfMav, SOOe 1~ •Wesl Pam Beach, R. 33401• (561} 34D-1061 r lfliiA' Calni/C....Ctlf*r•t951 North WilaryTI1it, Suile D•West Palm Beach. FL 33409• (561} 34G-1060 *'M" SOiff ClrlwC..,•951 Y1rnlto Road, SUite 175 • Boca Raton, FL 33431 • (561) 853-0181 WllltC....c..-•1085 ScMh Main S1nlet • 8elle Glade fl33430 • (561) 829-2040 To Place 1 job ordfJr or lt!am about no-cost training programs Mid cartiiJf dwl/optmt SBTWces, please cal/800-556-JOBS or ~sit www.pbcalliance. com CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide c~ dnlg and violence prevention program; and WHEREAS, the "2!Jllt Annual National Night Out, provides a unique opportunity for Palm Beach GardeRB to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Palm Beach Garde118 Pol~ Fire-Rescue and Community Services Department plays a vital role through joint crime, drug and violence prevention efforts in Palm Beach Gardens; and is supporting "National Night Out 201r locally; and WHEREAS, it is essential that all citizens of Palm Beach GardeRB be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in Palm Beach Gardens; and WHEREAS, police-community partne1"8hip~ neighborhood safety, awareness and cooperation are important themes of the "National Night Out, program; NOW, THEREFORE, I, Mayor David Levy, do hereby call upon all citizeRB of Palm Beach Gardens to join Palm Beach Gardens Police and Fire-Rescue and the National Association of Town Watch in supporting the 2!J'A Annual National Night Ou, in co1Vunction with the popular Gardens Summer Market Nights on August 9, 2012 as: "NATIONAL NIGHT Oll'r in the City of Palm Beach Gardens IN WITNESS WHEREOF, I have hereunto set my hand and aused the Seal of the City of Palm Beach Gardens, F1orida, to be aflbed this ,. Day of Aupst, in the year Two Thousand and Twelve. David Leuy, Mayor A TrEST: Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the law firm was founded by Joseph R Lesser, in 1927. Mr. Lesser was born in 1899 and died in 1982; and WHEREAS, Joseph Lesser established the firm's beginnings, both in terms of professional service and dedication to clients' needs, as weD as setting the finest example of the importance of community service back in 1927;and WHEREAS, the finn's foa.tS is on serious personal injury and wrongful death cases and has a reputation in both the legal and medical communities fur SJperior legal skills, bard work, and high ethical standards; and WHEREAS, the finn's lawyers have significaut trial experience with many of the lawyers spending years defending the insurance industry before representiag the interests of the injured and known to insurance companies and insurance defense lawyers as skillful advocates; and WHEREAS, the finn's lawyers have significant leadenbip within the Florida Bar and the personal injury legal conununity and have served on the Board of trial organizations, Chaired the Florida Bar Professional Ethics Committee; and WHEREAS, the firm bas donated significant time and money to a variety of charitable endeavors and continue the tradition of service to their clients, COIIIIIRDty involvemeat and a dedication to professionalism; and WHEREAS, the law firm will be celebrating their ss• Anniversary, and NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby recognize: Saturday, September 8, 2012 as the 85th Anniversary of Lesser, Lesser, Landy & Smith, PLLC Attest: Patricia Snider, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and COIISed the Seal of the City of Palm Beach Gardens, Florida. to be affixed on this VI' d7y of A11pst in the year 1Wo Thousand and '/Welve. David Levy, Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Ordinance 24, 2012 Subject/Agenda Item: Amending the City of Palm Beach Gardens Police Officers' Pension Plan. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Finance dLL Allan Owens Finance Administrator Advertised: NA Fin~or Date: Paper: Allan Owens [ x ] Not Required Submitted by: Allan Owens Finance Administrator Affected parties Approved by: [ ] Notified [ ] Not required Costs: S_...:.;N::.:;;A~-­ (Total) $, ___ _ Current FY Funding Source: [ ] Operating []Other NA ---------------------------- Contract/ Agreement: Effective Date: N/A Expiration Date : N/A Budget Acct.#: Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to : Attachments: • Ordinance 24, 2012 Meeting Date: August 9, 2012 Ordinance 24, 2012 Page 2 of2 BACKGROUND: At an Imposition Hearing (Special Council Meeting) on July 11, 2012, the City Council approved certain benefit changes to the City of Palm Beach Gardens Police Officers ' Pension Fund. These changes incorporate the retirement provisions recommended by Special Magistrate Martin A. Soli, Esq. in his Recommended Decision dated June 5, 2012. A summary of the proposed changes is as follows: 1. The benefit multiplier shall be reduced from 3.5% to 2.75% for all service after the effective date of this Ordinance, September 13, 2012. 2. Compensation for pension purposes shall be base pay, excluding all other compensation. 3. The maximum pension benefit is reduced from 100% to 75% of Average Final Compensation. 4. There shall be no Cost of Living Adjustment. 5. Normal retirement date for employees with less than 10 years of service on the effective date of this Ordinance, September 13, 2012, shall be age 59 with 1 0 or more years of service. Employees with 1 0 or more years of service on the effective date of this Ordinance , September 13, 2012 , shall retain the current normal retirement date of age 52 with 10 or more years of service, or 20 years of service regardless of age. In addition to the above changes, the City shall, at its discretion, discontinue participation in Chapter 185, Florida Statutes, following the effective date of this Ordinance, September 13, 2012. At the time the City discontinues participation in Chapter 185, the employee pension contribution shall decrease to 8% of compensation. Based on prior actuarial estimates, staff estimates the annual savings to the City from the above pension changes will be approximately $1.5 million. The actual savings will be determined with the completion of the final Actuarial Impact Statement, which must be prepared prior to second reading . In addition to pension savings, other contractual savings of approximately $400,000 annually are estimated. When combined, estimated annual savings from both pension and contractual changes are estimated at approximately $1.9 million. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 24, 2012 as presented on first reading . 1 ORDINANCE 24, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 50-POLICE 6 OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH 7 GARDENS, FLORIDA, AT ARTICLE Ill, POLICE OFFICERS' 8 RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY 9 COUNCIL'S ACTON RESOLVING THE IMPASSE IN COLLECTIVE 10 BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM 11 BEACH GARDENS AND THE PALM BEACH COUNTY POLICE 12 BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61. 13 DEFINITIONS., BY REPEALING THE DEFINITION OF "SALARY" 14 AND READOPTING SAME, AS REVISED; BY REPEALING 15 SECTION 50-116. NORMAL RETIREMENT. AND READOPTING 16 SAME, AS REVISED IN ORDER TO AMEND THE NORMAL 17 RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 18 50-135. ANNUAL ADJUSTMENTS. AND READOPTING SAME, AS 19 REVISED IN ORDER TO AMEND THE COST OF LIVING 20 ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A 21 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 22 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 23 24 25 WHEREAS, the City Council recently took final action to resolve the impasse in 26 collective bargaining negotiations between the City and the Palm Beach County Police 27 Benevolent Association; and 28 29 WHEREAS, one of the issues at impasse involved certain changes to pension 30 benefits for members of the City of Palm Beach Gardens Police Officers' Retirement 31 Trust Fund; and 32 33 WHEREAS, to implement the City Council's action, it is necessary to amend the 34 Police Officers' Retirement Trust Fund ordinance; 35 36 WHEREAS, the City Council deems approval of this Ordinance to be in the best 37 interests of the health, safety, and welfare of the residents and citizens of the City of 38 Palm Beach Gardens and the public at large. 39 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE 42 CITY OF PALM BEACH GARDENS: 43 44 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 45 46 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 24, 2012 SECTION 2. Chapter 50. Police. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article Ill. Police Officers' Retirement Trust Fund. by amending Section 50-61. Definitions. by repealing the definition of "Salary" and readopting same as revised; providing that the revised definition of "Salary" shall be listed alphabetically within Section 50-61 and shall hereafter read as follows : Sec. 50-61. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: (All Definitions, except Salary, shall remain in full force and effect as previously adopted .) * * * Salary means the average monthly earnings reported to the Internal Revenue Service for income tax purposes, plus deferred compensation. Beginning with sa lary after December 31, 2008, and pursuant to Internal Revenue Code Section 414(u)(7), the definition of salary includes amounts paid by the city as differential wages to members who are absent from employment while in qualified military service. Notwithstanding the preceding two sentences. effective September 13. 2012. salary will henceforth mean base pay. excluding all other compensation; provided that the salary of any member employed on September 13. 2012. shall include payment for unused accrued sick and annual leave up to the dollar amount of unused sick and annual leave that the member has accrued as of September 13. 2012. However. in no event. will the salary of any member who is employed on September 13. 2012. be less than the member's salary on September 12. 2012. as determined in accordance with the definition of salary in effect on September 12. 2012. * * * SECTION 3. Chapter 50. Police. of the Code of Ordinances of the C ity of Palm Beach Gardens, Florida is hereby amended at Article Ill. Police Officers' Retirement Trust Fund. by repealing Section 50-116. Normal Retirement. and readopting same, as revised; providing that Section 50-116 shall hereafter read as follows: Sec. 50-116. Normal Retirement. (a) Date. A member's normal retirement date shall be upon the attainment of age 52, provided the officer has at least ten years of service, or upon completion of 20 years of service, regardless of age. Notwithstanding the preceding sentence. for po lice officers with less than ten years of creditable service on September 13. 2012. and police officers hired on or after that date. the normal retirement date shall be upon the attainment of age 59 and at least ten years of creditable service. (b) Benefit. The monthly amount of normal retirement benefit payable to a police officer who retires on the normal retirement date shall be an amount equal to 3.5 percent multiplied by the number of years of credited service, up to a maximum of 100 percent, multiplied by average monthly earnings. Notwithstanding the preceding Page 2 of4 Ordinance 24,2012 1 sentence. for police officers who are employed and have not attained the normal 2 retirement date prior to September 13, 2012, the monthly amount of normal retirement 3 benefit payable to a police officer who retires on or after the normal retirement date shall 4 be an amount equal to 3.5 percent multiplied by the number of years of credited service 5 prior to the effective date of this ordinance. plus 2.75 percent multiplied by the number 6 of years of credited service on and after the effective date of this ordinance. up to a 7 maximum of 75 percent. multiplied by the police officer's average monthly earnings: and 8 for police officers hired on or after the effective date of this ordinance the monthly 9 amount of normal retirement benefit payable to a police officer who retires on or after 10 the normal retirement date shall be an amount equal to 2.75 percent multiplied by the 11 number of years of credited service on and after the effective date of this ordinance. up 12 to a maximum of 75 percent. multiplied by the police officer's average monthly earnings. 13 In no event will the benefit paid be less than 2 percent per year of service. 14 15 (c) (This subsection shall remain in full force and effect as previously enacted.) 16 17 SECTION 4. Chapter 50. Police. of the Code of Ordinances of the City of Palm 18 Beach Gardens, Florida is hereby amended at Article Ill. Police Officers' Retirement 19 Trust Fund . by repealing Section 50-135. Annual Adjustments. and readopting same, as 20 revised; providing that Section 50-135 shall hereafter read as follows: 21 22 Sec. 50-135. Annual adjustments. 23 24 (a)-(d) (These subsections shall remain in full force and effect as previously 25 enacted.) 26 27 (e) Notwithstanding the provisions in paragraphs (a)-{d), for police officers who 28 are employed and have not reached the normal retirement date prior to September 13. 29 2012. there shall be no cost of living adjustment applied to benefits earned based on 30 creditable service on and after that date: and for and police officers hired on or after 31 September 13. 2012. there shall be no cost of living adjustment. 32 33 SECTION 5. Each and every other section and subsection of Chapter 50 -Police 34 shall remain in full force and effect as previously enacted. 35 36 SECTION 6. All ordinances or parts of ordinances in conflict herewith be and the 37 same are hereby repealed. 38 39 SECTION 7. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent 41 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 42 this Ordinance . 43 44 SECTION 8. Specific authority is hereby granted to codify this Ordinance . 45 46 SECTION 9. This Ordinance shall become effective immediately upon adoption. Page 3 of4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 24, 2012 PASSED this __ day of ______ , 2012, upon first reading. PASSED AND ADOPTED this __ day of ------' 2012, upon second and final reading . CITY OF PALM BEACH GARDENS BY: ----------------------David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: -------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------------------R. Max Lohman, City Attorney FOR G:\attomey_share\ORDINANCES\2012\0rdinance 24 2012-PBG Police Pension.docx Page 4 of 4 AGAINST ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Ordinance 25, 2012 Subject/Agenda Item: Amending Chapter 26, Elections by repealing Section 26-2. Duties of City Clerk. and Section 26-17 . Canvassing Board. of the City's Code of Ordinances. [X] Recommendation to APPROVE r 1 Recommendation to DENY Reviewed by: CiW~ R. Max Lohman, Esq. Finance Administrator NA Allan Owens Submitted by: Department Director RM~q City Attorney Originating Dept.: City Clerk ~ R. Max Lohman, Esq. City Attorney Advertised: NA Date: Paper: [ x] Not Required Affected parties r-------~ Approved by: [ ) Notified City Ma":i. [ ] Not required ~~ '/_,A £: Ronald M. Ffrris Costs: $---:~N--A.-..... __ (Total) $.__,... __ _ Current FY Funding Source: [ ] Operating []Other NA Contract/ Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: Council Action: [ ] Approved [ ] Approved w/ Conditions [ ] Denied [ ] Continued to: Attachments: • Ordinance 25, 2012 Meeting Date: August 9, 2012 Ordinance 25, 2012 Page 2 of2 BACKGROUND: Chapter 26, Elections of the City's Code of Ordinances requires revisions in order to clarify the City Clerk's election duties and to change the composition of the City's Canvassing Board in order to satisfy contractual requirements with the Supervisor of Elections. The proposed changes are as follows: Sec. 26-2. Duties of city clerk. City elections shall be conducted in a proper and legal manner under the supervision of the city clerk in accordance with general law of the State of Florida. Subject to the approval of the city council, the clerk may delegate any or all of the responsibilities for administering the election to the supervisor mutual agreement of the city council and the Palm Beach County Supervisor of Elections (SOE) the city may contract with the SOE for the orderly conduct and administration of the city's municipal elections in accordance with state law. Sec. 26-17. Canvassing board. (a) The city council shall meet as a canvassing board and shall can\(ass the returns of each city election 'Nithin two days of the date thereof. If any council person is the subject of a recall election in the election being canvassed, he shall be replaced by a qualified elector of the city appointed by the council. Anyone so appointed shall not be a candidate with opposition in the election being canvassed or an active participant in the campaign of any candidate in the election being canvassed. Hovtever, any such appointments shall only be required to ensure that there are at least three voting members of the board. The city clerk. or designee. and city attorney and such others as the city council may appoint by resolution shall serve as members of the canvassing 8* officio members of the board. The board shall ensure that the ballots cast for any election are fairly and accurately counted, and shall certify the results of each election. (b) The board shall canvass the returns and absentee ballots in accordance with F.S. § 102.141(3), and shall canvass absentee ballots in acoordanoo •.vith F.S. § 101.68 state law. (c) At such time as the board has canvassed the returns, disposed of any challenges thereto, and ascertained and certified the results, the clerk shall issue a certificate of election to each candidate elected and shall issue a certificate of election of each issue. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 25, 2012 as presented on first reading. 1 ORDINANCE 25, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. 6 OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH 7 GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 8 AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND 9 CLARIFY THE CITY CLERK'S ELECTION DUTIES AND TO REVISE 10 THE COMPOSITION OF THE CITY'S CANVASSING BOARD; 11 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 12 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 13 FOR OTHER PURPOSES. 14 15 16 WHEREAS, the City Council desires to revise and clarify the City Clerk's election 17 duties for the City's municipal elections; and 18 19 WHEREAS, the City Council desires to amend the composition of the City's 20 Canvassing Board; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of 24 Palm Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. Chapter 26. Elections. of the Code of Ordinances of the City of 33 Palm Beach Gardens, Florida is hereby amended by repealing Section 26-2. Duties of 34 city clerk. and readopting same, as revised; providing that Section 26-2 shall hereafter 35 read as follows: 36 37 Sec. 26-2. Duties of city clerk. 38 39 City elections shall be conducted in a proper and legal manner under the supervision of 40 the city clerk in accordance with general law of the State of Florida. Subject to the 41 approt..'al of the city council, the clerk may delegate any or all of the responsibilities for 42 administering the election to the supervisor mutual agreement of the citv council and the 43 Palm Beach Countv Supervisor of Elections (SOE), the citv may contract with the SOE 44 for the orderly conduct and administration of the citv's municipal elections in accordance 45 with state law. 46 Page 1 of 3 Ordinance 25, 2012 1 SECTION 3. Chapter 26. Elections. of the Code of Ordinances of the City of 2 Palm Beach Gardens, Florida is hereby amended by repealing Section 26-17. 3 Canvassing board. and readopting same, as revised; providing that Section 26-17 shall 4 hereafter read as follows: 5 6 Sec. 26-17. Canvassing board. 7 8 (a) The oity oounoil shall meet as a oanvassing boaFd ana shall oanvass the 9 returns of eaoh oity eleotion within tvJo eays of the eate thereof. If any oounoil person is 10 the subjeot of a reoall eleotion in the eleotion being oanvassee, he shall be replaoee by 11 a qualifies eleotor of the oity appointee by the oounoil. Anyone so appointee shall not be 12 a oaneieate with opposition in the eleotion being oan\<assee or an aotive partioipant in 13 the oampaign of any oaneieate in the eleotion being oanvassee. Hm.\<ever, any suoh 14 appointments shall only be requires to ensure that there are at least three 'Joting 15 members of the boaFd. The city clerk. or designee. ana oity attorney and such others as 16 the city council may appoint by resolution shall serve as members of the canvassing S* 17 offioio members of the board. The board shall ensure that the ballots cast for any 18 election are fairly and accurately counted and shall certify the results of each election. 19 20 (b) The board shall canvass the returns and absentee ballots in accordance 21 with F.S. § 102.141(3), ana shall oan•Jass absentee ballots in aoooFdanoe with F.S. § 22 101.68 state law. 23 24 (c) At such time as the board has canvassed the returns, disposed of any 25 challenges thereto, and ascertained and certified the results, the clerk shall issue a 26 certificate of election to each candidate elected and shall issue a certificate of election of 27 each issue. 28 29 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 30 hereby repealed. 31 32 SECTION 5. Should any section or provision of this Ordinance or any portion 33 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 34 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 35 36 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 37 38 SECTION 7. This Ordinance shall become effective immediately upon adoption. 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 25, 2012 PASSED this __ day of ______ , 2012, upon first reading. PASSED AND ADOPTED this __ day of ------' 2012, upon second and final reading. CITY OF PALM BEACH GARDENS BY: -------------------------David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: --------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney FOR AGAINST ABSENT G:\attomey_share\ORDINANCES\2012\0rdinance 25 2012-Chapter 26-Canvassing Board Amendments.docx Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Resolution 66, 2012 Subject/Agenda Item: Approving Insurance Benefits with Blue Cross Blue Shield of Florida, Guardian, and Lincoln National for Fiscal Year 2012/2013. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Human Resources Lauren Ferreira HR Generalist Advertised: Allan Owens Date: Paper: Submitted by: Department Director [ x ] Not Required Affected parties r-------------~ Approved by: [ ] Notified City Manager [ x] Not required Costs: $6,641.155 (Total) $ -0- Current FY Funding Source: [X ] Operating [ ] Other N/A Budget Acct.#: 505.0950.519.2310 Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 66, 2012 • Exhibit "A" Meeting Date: August 9, 2012 Resolution 66, 2012 Page 2 of 3 BACKGROUND: The City implemented a self-insured group health plan in FY 2008 with Blue Cross Blue Shield of Florida (BCBS) providing claims processing and administrative services. Monthly expenses consist of fixed costs , such as stop-loss premiums and administrative fees, and variable costs which are the claims expense. Since establishing the self-insured fund , the City's annual increases have averaged 3.5% per year; opposed to an approximate 15% per year increase based on the normal average annual medical inflation rate . On May 1, 2012 , the City transitioned to a flat- fee-based arrangement for benefits consultant services with Gallagher Benefit Services , resulting in immediate cost savings and rate reductions for the City and employees totaling $52,711 for FY 2011-12. Stop-loss reinsurance quotes were submitted to Gallagher by Symetra , Sun Life , BCBS (HighMark), and Unum. Sun Life had the lowest proposed increase in the stop-loss re- insurance rates at 8.7%. Symetra had the second lowest proposed increase at 9% reduced from an initial increase of 11 .4% after negotiations. As a result of moving t o the flat-fee-based arrangement, Symetra's annual stop-loss reinsurance renewal rate of $330,539 for FY 2012-13 is 6.7% ($22,205) lower than its renewal rate of $352 ,744 for FY 2011-12 . Staff proposes continuing stop-loss reinsurance with Symetra. BCBS initiated a 10.75% administrative fee reduction of $5.29 per employee per month (pepm) from $49.29 to $44.00 as of May 1, 2012 . Quotes for administrative services claims processing were submitted by BCBS, CIGNA, Aetna, and United . Aetna had the lowest proposed administrative fee of $41 .95 pepm, as compared to BCBS' quote of $44 .00 pepm . However, network discounts negotiated by the insurance carriers are a major component in the variable plan costs . Overall, BCBS has the highest average network discount with doctors, hospitals, and other medical providers for claims expense at 72%, compared to CIGNA's 68%, Aetna's 63%, and United's 66% discounts. BCBS' renewal submitted for FY 2012-13 continues the $44 .00 pepm rate reduction through September 30, 2013. The proposed renewal provides a contract extension with continued administrative fee reductions beginning October 1, 2013 , and extends the current contract through September 30, 2015 . The potential overall savings to the City is projected at $102,566 through FY 2014-15 . The renewal also offers the City a one-time wellness contribution in the amount of $50,000 to be used by the City at its discretion for any wellness or health-related activities from FY 2012-13 through FY 2014-15. These funds could be utilized to provide incentives to employees to engage in wellness activities and positive health changes. It is recommended that these wellness initiatives target managing preventable and chronic conditions such hypertension , diabetes, asthma, and coronary artery disease, which have been identified as the City's most prevalent health issues according to BCBS' clinical data as of May 2012 . Specific activities for the wellness program would be planned by staff and coordinated with the City's health center, as well as BCBS' wellness team , at no additional cost. Meeting Date: August 9, 2012 Resolution 66, 2012 Page 3 of 3 The maximum annual claim liability for FY 2012-13 is projected to increase by 9.4 %, primarily due to medical inflation trending at approximately 1 0.5%. Medical claims for FY 2011 -12 are averaging $391,400 per month , trending 27% lower than the maximum claim liability of approximately $4 .3 million to date. Based on an actuarial analysis of the City's self-insured health plan , a 6.6% increase in overall medical expenses for FY 2012-13 budget has been projected . Employee contributions for family coverage w ill remain unchanged for FY 2012-13. Staff proposes that the City continue with current HMO, PPO , and HSA plans through a self-funded program administered by BCBS. Attached as Exhibit "A" is a copy of the Renewal Rate Analysis for FY 2012-13. In an effort to help control the escalating costs of health care, the City implemented an on-site Employee Health and Wellness Center in April 2011 . Since the Center opened , 289 Health Risk Assessments have been performed for employees and their covered dependents, which will assist in identifying and targeting chronic diseases before they turn into costly and potentially serious medical conditions. Monthly utilization has averaged approximately 60% of total appointment capacity and is anticipated to improve with employment and wellness-related activities planned for the upcoming year. In a recent health center employee satisfaction survey , 74% of responding employees stated that they have utilized the health center for routine lab work, medications, acute illnesses or injuries, health coaches, and wellness programs . While health care studies indicate that on average it takes approximately three (3) years to generate a health clinic's measurable impact on cost savings, the City is anticipating reductions in lost- work time, absenteeism , pharmacy costs coupled with improved medication compliance, and avoidance of medical claims. The City currently offers dental coverage through Guardian , which has acted as the third-party administrator for the City's self-funded PPO dental program since 2005 . Guardian reduced the $7 .00 per employee per month administrative fee by 32% to $4.75 pepm as a result of the flat-fee arrangement , and has extended this rate guarantee through FY 2012-13 . The renewal letter from Guardian is attached as part of Exhibit "A". Lincoln Financial has proposed an approximate 15% reduction in renewal rates from $10,834 per month to $9 ,302 per month, and will continue to provide group life, accidental death and dismemberment, dependent life, and long-term disability insurance coverage for FY 2012-13 . Attached as part of Exhibit "A" is a copy of the renewal letter for these insurance plans, extending the rate guarantee through September 30 , 2013. STAFF RECOMMENDATION: Staff recommends approval of Resolution 66, 2012 as presented . 1 RESOLUTION 66, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE RENEWALS OF 6 BLUE CROSS BLUE SHIELD OF FLORIDA POLICY NUMBER 7 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN 8 FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, 9 FOR FISCAL YEAR 2012/2013; PROVIDING AN EFFECTIVE DATE; 10 AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City of Palm Beach Gardens maintains a pol icy with Blue Cross 14 Blue Shield of Florida to provide health insurance benefits for its employees; and 15 16 WHEREAS, said policy provides for renewal effective October 1, 2012; and 17 18 WHEREAS, the City Council desires to approve Blue Cross Blue Shield of 19 Florida Policy Number 91062 for Fiscal Year 2012/2013; and 20 21 WHEREAS, the City of Palm Beach Gardens maintains a policy with Guardian 22 who has acted as the third-party administrator for the City's self-funded PPO dental 23 insurance benefits for its employees; and 24 25 WHEREAS, said policy provides for renewal effective October 1, 2012; and 26 27 WHEREAS, the City Council desires to renew Guardian Policy Number 407008 28 for Fiscal Year 2012/2013; and 29 30 WHEREAS, the City of Palm Beach Gardens maintains a policy with Lincoln 31 Financial to provide Group Life, Accidental Death and Dismemberment, Dependent Life, 32 and Long-Term Disability insurance benefits for its employees; and 33 34 WHEREAS, said policies provide for renewals effective October 1, 2012; and 35 36 WHEREAS, the City Council desires to renew Lincoln Financial Policy Numbers 37 000010074146 and 000010074147 for Fiscal Year 2012/2013; and 38 39 WHEREAS, the City Council deems approval of this Resolution to be in the best 40 interests of the health, safety, and welfare of the residents and citizens of the City of 41 Palm Beach Gardens and the public at large. 42 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF PALM BEACH GARDENS, FLORIDA that: 46 Page 1 of 3 Resolution 66, 2012 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 2 3 SECTION 2. The City Council of the City of Palm Beach Gardens hereby 4 approves the renewals of Blue Cross Blue Shield of Florida Policy Number 91062 and 5 its affiliated partner, Symetra Financial for Fiscal Year 2012/2013 at the rates reflected 6 in the official renewal letters from Blue Cross Blue Shield of Florida dated April 30 , 7 2012 , and Symetra Financial dated July 6, 2012 , attached hereto as Exhibit "A." 8 9 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 10 approves the renewals of Guardian Policy Number 407008, and Lincoln Financial Policy 11 Numbers 000010074146 and 000010074147 for Fiscal Year 2012/2013 at the rates 12 reflected in the official renewal letters from Guardian received July 12 , 2012, and the 13 official renewal letters from Lincoln Financial dated July 9, 2012, and July 11 , 2012 , 14 attached hereto as Exhibit "A" 15 16 SECTION 4. This Resolution shall become effective immediately upon adoption . 17 18 19 20 (The remainder of this page intentionally left blank) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~9 Resolution 66, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------~----------------David Levy, Mayor ATTEST: BY: ------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attomey_share\RESOLUTIONS\2012\Resolution 66 2012-bcbs guardian lincoln renewal-2012-13.doc Page 3 of 3 Resolution 66, 2012 EXHIBIT "A" I r SYMETR,A: UTJI!fMI!Nll 8eHEf!l"S. I Uf'f To: Jeff Reagan At: GBS Stop Loss Renewal Employers Name: Third Party Administrator: Proposed Renewal Date: Proposal Valid To: Prepared By: Aggregate Factors City of Palm Beach Gardens Florida Blue October 1, 2012 September 1, 2012 Eric Hicks Symetra Life Insurance Co. 7300 Corporate Center Drive, Suite 205 Miami, FL 33126-1222 Watts 800-352-0042 Voice 305-715-6145 Cell 305-632-5694 E-Mail: Eric.Hicks@Symetra.com State: FL Date: July 6, 2012 • Our evaluation the paid claim experience indicates a 9.4% increase to the current aggregate factor at the 200K specific level. Current factor= 1140.65. Renewal factor= 1248.14. Specific Stop Loss • • Current composite rate at $200K; • ,.$41;3.~1 ~ Renewal composite rate at $20GK: · $5.3.18 +9% ,· The 9% increase is due to medical trend. Aggregate Stop Loss • The renewal rate of $10.00 at 200K specific represents a 9.4% increase from the current rate of $9.14 Contingencies 1. A Plan Document (if plan changes are implemented). 2. A census of final enrollment. Rates/factors are subject to revision if final enrollment varies more than 15% from proposal assumptions. 3. Paid claims experience through June, 2012. 4. We assume continuation of the current schedule of benefits. Symetra· Life Insurance Company • Group Division • 777 1 081h Avenue NE, Suite 1200 • Bellevue, WA 98004-5135 • www.symetra.com Excess Loss Carrier: Symetra Life Insurance Company Proposed Coverage for: City of Palm Beach Gardens Effective From: 10/1/12 Assumed Enrollmen NO to Single Family Aggregate Excess Loss Insurance 9/30/13 HMO 89 129 218 Aggregate Excess Loss: Maximum Reimbursement $1,000,000 Covered Benefits: Medical and Prescription Drugs Aggregate Margin: 20% Reimbursement Percentage: 100% Monthly Factors Single 561.47 Family 1 ,567. 71 Estimated Annual Aggregate Deductible $3,026,460 Claims Basis 24/12 . ' Monthly Rates Composite 10.60 Estimated Annual Premium ~2f,t"~o~ Specific Excess loss Insurance Reimbursement Percentage: 100% Covered Benefits: Medical and Prescription Drugs Lifetime Maximum (per person) Specific Deductible per Individual Monthly Rates Single Estimated Annual Premium Claims Basis Total Estimated Cost Family Unlimited $200,000 29.44 71.17 $141,622 24/12 $3,194,241 BO 96 118 214 776.59 1,819.25 $3,470,682 24/12 10.00 $25,680 Unlimited $200,000 29.44 71.17 $134,700 24/12 $3,631,062 HSA 3 1 4 476.49 1,330.48 $33,119 24/12 10.00 . $480 Unlimited $200,000 29.44 71.17 $1,914 24/12 $35,513 Symetra Life Insurance Company· Group Division· 777 108 1h Avenue NE, Suite 1200 • Bellevue, WA 98004-5135 • www.symetra .com City of Palm Beach Gardens Stop Loss -Symetra {Medical and RX) Effective Date: Oct 1, 2012 Includes All Covered Employees revised 7-3-12 Current Renewal Alternative Alternative Alternative Sun Life* HighMark* Unum* A. Stop Loss Effective Date 10/01/11 10/01/12 10/1/2012 10/1/2012 10/1/2012 (Revised 5/1/12) Rate Guarantee One Year One Year n/a n/a n/a Contract Basis 24/12 24/12 12/12 12/12 12/12 Specific Deductible $200,000 $200,000 $200,000 $200,000 $200,000 Lifetime Maximum (per person) Unlimited Unlimited Unlimited Unlimited Unlimited Rate Per Month ISL Single $27.02 $29.44 $29.31 $31.79 $33.01 Rate Per Month ISL Family $65.32 $71.17 $71 .49 $77.53 $79.55 Rate Per Month Aggregate Single $9.14 $10.00 $9.67 $10.49 $10.89 Rate Per Month -Aggregate Family $9.14 $10.00 $9.67 $10.49 $10.89 Total Fixed Rate Single $36.16 $39.44 $38.98 $42.28 $43.90 Total Fixed Rate Family $74.46 $81.17 $81.16 $88.02 $90.44 Covered Employees Single 188 188 188 188 188 Covered Employees Family 248 248 248 248 248 Total Cost Single $81,577 $88,977 $87,939 $95,384 $99,038 Total Cost Family $221.593 ~241,562 ~241,532 ~261,948 $269,149 Total Stop Loss Fee $303,170 $330,539 $329,471 $357,331 $368,188 9.0% 8.7% 17.9% 21 .4% B. Annual Aggregate (Maximum Claim LiabiliM Enrollment Contract Basis 24/12 24/12 12/12 12/12 12/12 Aggregate Margin 20% 20% 20% 20% 20% Factor Per Month HMO Single 89 $513.07 $561.47 $556.30 $603.37 $656.69 Factor Per Month HMO Family 129 $1,432.57 $1,567.71 $1,552.07 $1,683.40 $1,832.17 Factor Per Month PPO Single 96 $709.65 $776.59 $990.21 $1,080.03 $1,175.48 Factor Per Month PPO Family 118 $1,662.44 $1,819.25 $1,862.13 $2,003.19 $2,167.08 Factor Per Month HSA Single 3 $435.42 $476.49 $472.85 $512.86 $558.19 Factor Per Month HSA Family 1 $1,215.79 $1,330 $1,266.95 $1,430.88 $1,557.35 Policy Year Maximum 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Covered Employees Single 188 188 188 188 188 Covered Employees Family 248 248 248 248 248 Total Maximum Claim Liability $5,967,374 $6,530,274 $6,806,457 $7,366,647 $7,999,065 Change 9.4% 14.1% 23.4% 34.0% Total Estimated Maximum Costs $6,270,543 $6,860,813 $7,135,928 $7,723,979 $8,367,253 * Please note that the alternative quotes are estimates provided by the carriers and not a firm offering as no formal RFP was issued. .m_lii) Blue Cross -r. ¥.~~Shield April30, 2012 Ms. Sheryl L. Stewart, Human Resources Administrator City of Palm Beach Gardens 10500 North Mil itary Trail Palm Beach Gardens, FL 3341 0 RE: Administrative Services Monthly Fee Dear Ms. Stewart, We consider it a true privilege to be the carrier of choice for the City of Palm Beach Gardens. As you know, BCBSF and the City of Palm Beach Gardens are currently in a multi-year contract that extends through September 30, 2013. This contract was renewed on October 1, 2010. Because of our long term partnership with the City of Palm Beach Gardens, we want to do everything that we can to help our valued customers when they need us most. As a result, we have already initiated an immediate administrative fee reduction (effective May 1, 2012) of $5.29 per contract per month (pcpm) to a reduced fee of $44.00 pcpm. This represents an immediate savings to the City of $11,638 through the anniversary date (September 30, 2012) of the current policy year. In addition, we are proposing an administrative fee reduction beginning October 1, 2013 that extends the current contract through September 30, 2015. Our offer will provide immediate cash flow savings for the City of Palm Beach Gardens as well as offer financial stability for your administrative expenses moving forward with potential savings projected over $102,566 . This offer does not include any compensation to an external Agent or Consultant. We also offer the City a one-time Wellness Contribution in the amount of $50,000. This contribution may be used by the City at its sole discretion for any wellness or health related activities . We are prepared to partner with the City to initiate a truly innovative and comprehensive Wellness program. Studies prove that true change related to wellness activities generally takes 2 to 3 years to become apparent by virtue of improved "claims cost" savings and improved member health outcomes. As a result, we will ask that the City repay the wellness contribution of $50,000 should the City not fulfill the contract term through September 30, 2015. If the City fulfills the contract term through September 30, 2015, no repayment will be required. The proposed contract extension with reduced Administrative fees is detailed below: Estimated Current Annual Proposed Annual Annual Contract Time Periods Lives Fee Total Fee Total Savings 5/1/2012-9/30/2012 (5 mos.) 440 $49.29 $108,438 $44.00 $96,800 $11,638 10/1/2012-9/30/13 440 $50.62 $267,274 $44.00 $232,320 $34,954 10/1/2013-9/30/2014* 440 $50.62* $267,274 $45.32 $239,287 $27,987 10/1/2014-9/30/15* 440 $50.62* $267,274 $45.32 $239,287 $27,987 $102,566 *These two years are for illustrative purposes only. The City is not currently under contract for this time period. All other terms and conditions of the current contract will remain in force and an early termination clause will be added to the new contract. I look forward to answering any questions you may once you've had the opportunity to review and consider this offer. If the City of Palm Beach Gardens wo uld like to accept this offer, please let us know as soon as possible so we can prepare the necessary amendment for an effective date of May 151 2012. Sincerely, ~ Wendy Specter, Strategic Account Executive Public Sector I Major Accounts, South Florida Florida Blue Fliw/da,Biue +-'- In the pursuit of health" cc: Ms. Lauren Ferreira, Human Resources Generalist Effective Date Rate Guarantee Fees Covered Employees Fee Breakdown Medical Administration Fiduciary Disease Management Total ASO Fee Total Annual Cost Financial Impact As a Dollar Amount Financial Impact as a Percent Average Network Discounts CITY OF PALM BEACH GARDENS BCBS ASO RENEWAL AND ALTERNATIVES EFFECTIVE 10-1-2012 BCBS Renewal Oct. 1, 2012 1 year $44 .00 440 $44 .00 Included Included $44.00 $232,320 N/A N/A 72% CIGNA Alternative* Oct. 1, 2012 N/A $44.25 440 $40.00 $1.00 $3.25 $44.25 $233,640 $1,320 0.57% 68% Aetna Alternative* Oct. 1 2012 N/A $41 .95 440 $38 .00 $1.00 $2.95 $41.95 $221,496 -$10,824 -4.66% 63% * Please note that the alternative quotes are carrier estimates and not a firm offering as no formal RFP was issued. Also, it is important to note that ASO fees represent only a small protion of the total costs of the Plan. Factors such as network discounts and pharmacy managment costs are a major componant in Plan costs. Traditionally, BC/BS has had the lowest costs in both these areas year over year. file name 2012 BCBS ASO Renewal & Altem.tlvn United Alternative* Oct. 1 2012 N/A $43 .95 440 $40 .00 $1.00 $2.95 $43.95 $232,056 -$264 -0.11% 66% • i ... t It's renewal time! Guardian is here to help . RENEWAL INFORMATION FOR CITY OF PALM BEACH GARDENS GROUP PLAN # 00407008 RENEWAL PERIOD October 1, 2012-September 30, 2013 ' GUARDIAN. RECEI VED JUL 1 2 2012 HU MAN RESOUR CES DENTAL • LIFE • DISABILITY • CRITICAL ILLNESS • SECTION 125 • VISION The Guardian Life Insurance Company of America 7 Hanover Square, New York, NY 10004-4025 . ' 'I What you'll find in this package RENEWAL INFORMATION Renewal Premiums At-a-Glance ASO Dental Guardian Life Insurance Company of America PAGE 1 2 . ' 'I Renewal Premiums At-a-Glance CITY OF PALM BEACH GARDENS GROUP PLAN # 00407008 . EMPLOYER-SPONSORED COVERAGE . I Coverage Current Annual Renewal Annual $ Difference ASOD e ntal $37,548 $25 ,495 -$12 ,053 KEY POINTS OF INFORMATION REGARDING PLAN PRICING Product-specific rates shown in this package have been determined based on a number of factors, including: • Employee age and gender • Group location • Changes in group size • Claims experience (when applicable) Guardian Life Insurance Company of America .. . ' Additional Dental Plan Information ASO Fee Recommended Funding Level Enrolled Employees 447 447 ASO PRICING INFORMATION CURRENT MONTHLY Annual $7.00 $37,548 Guardian Life Insurance Company of America CITY OF PALM BEACH GARDENS GROUP PLAN# 00407008 RENEWAL MONTHLY $4.75 $64.21 Annual $25,495 $344,444 2 • I . \ Additional Dental Information CITY OF PALM BEACH GARDENS GROUP PLAN # 00407008 HOW WE DETERMINED THE CLAIMS FUNDING LEVEL Total Dental Claims Paid Amount Guardian paid for the plan's dental claims Adjustment for Plan Changes Value to adjust paid claims amount to the plan's current utilization level Adjustment for Enrollment Change Adjustment to account for growth or shrinkage in plan enrollment Mature Adjustment Claim $ incurred, but not yet reported at the end of the experience period Incurred Claims Adjustment Adjustment to account for increase in value of incurred yet unreported claims Claims Trend Expected increase in future claims cost due to common plan/environment changes Incurred Claims Projected to Renewal Period Adjustment for Claims from Prior Period Adjustment to trended incurred claims based upon group experience immediately prior to the current period Manual Claims Adjustment Adjustment to trended incurred claims for expected manual claims based on the plan's specific demographic characteristics Incurred Claims Projected to Renewal Period Employees Exposures for the Period $307,979 $0 $616 $0 $4,938 $31,040 $344,572 $0 $0 $344,572 5,366 RECOMMENDED MONTHLY CLAIMS FUNDING LEVEL $64.21 per employee INFORMATION ON THE ASO FEE Base ASO Fee Available options Guardian Anytime (w/electronic billing statement) Direct Banking Distribution of plan Benefits booklets Claim Fiduciary $4.75 N/A N/A (Ask us how to add this option} N/A N/A FINAL ASO FEE $4.75 per employee Guardian Life Insurance Company of America 3 "I • '\ Additional Dental Information ' PLAN EXPERIENCE DETAIL ' . MonthNear Paid Claims Apr 2011 $23,368.00 May 2011 $22,593.00 Jun 2011 $22,644.00 Jul2011 $28,375.00 Aug 2011 $35,017.00 Sep 2011 $26,233.00 Oct 2011 $24,771.00 Nov 2011 $21,483.00 Dec 2011 $19,783.00 Jan 2012 $36,037.00 Feb 2012 $22,437.00 Mar 2012 $25,239.00 TOTAL $307,979.00 Guardian Life Insurance Company of America CITY OF PALM BEACH GARDENS GROUP PLAN # 00407008 Employees 437 447 449 447 449 451 448 449 449 447 444 447 5,364 4 CITY OF PALM BEACH GARDENS GROUP PLAN # 00407008 Addit ion a l Dental Information HOW WE DETERMINE TREND Period 04/01/2011 -03/31/2012 Midpoint of Experience Period 10/01/201 1 Midpoint of Rating Period 04/01/201 3 Months from Midpoint to Midpoint 18 Annual Trend 6.5% 6 -Month Trend 3.2% Trend from Midpoint of Experience to Midpoint of Rating Period 9.907 % 18 Months from Midpoint to Midpoint MIDPOINT MIDPOINT 04/01/2011 10/01/2011 03/31/2012 1 0/0 1 /2012 04/01 /2013 09/30/2013 EXPERIENCE PERIOD RATING PERIOD I I Guardian Life Insurance Company of America 5 nLincoln Financial Group• Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates . July 09, 2012 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens , FL 3341 0 The Lincoln National Life Insurance Company 8801 Indian Hills Drive Omaha , NE 68114-4066 toll free (800) 423-2765 VNMI.LFG .com REVISED RE: Renewal for Policy Number(s): 01-0074146 We are proud to provide your company with quality group products and services at a cost that delivers sound value. Each renewal period , we analyze current benefit and rate structures to determine the appropriate rates for continued group insurance protection for your valued employees. This process includes recalculation of the premium rates to reflect factors like: • plan features • demographics • nature of business • experience • any adjustments to our underlying rate structure Based upon our review, your renewal rates, effective 10/1/2012, are as follows : CoV&Jllg e ! Rate Basis c urrent GUCI11tl1 Renewal Renewal Renewal Rate I ' Rate Monthly Rate Monthly Monthly Guarantee Premium Premium Premium Until Change Life per $1 ,000 0.130 $5 ,258 .21 0.130 $5,258 .21 $0.00 10/1/2013 AD&D per $1 ,000 0.034 $1 ,364 .35 0.034 $1 ,364 .35 $0.00 10/1/2013 Dependent Life perdep unit 1.320 $436 .92 1.320 $436 .92 $0 .00 10/1/2013 Premium Totals : $7 ,059 .48 $7,059.48 $0 .00 The monthly premium shown is based upon current billed lives and volume. We appreciate your business and look forward to the continued opportunity to meet your group insurance needs. If you have any questions or if we can be of further assistance, please contact your local group representative at 1-800-279-4598. Sincerely, JannetAIIen Group Underwriting nLincoln Financial Group® July 11 , 2012 The City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 3341 0 RE: Long Term Disability The Lincoln National Life Insurance Company 8801 Indian Hills Drive Omaha, NE 68114-4066 toll free (800) 423-2765 It is our sincere pleasure to provide The City of Palm Beach Gardens with the quality group products and services at a cost that delivers sound value. As part of our effort to ensure continuing quality products and service, each year we carefully review and analyze current benefit and rate structures to determine the appropriate levels to charge for continued group insurance protection for your valued employees. After reviewing the renewal information on your group, we are offering the following : Current Rates Next Anniversa 0.26 10/1/2013 This renewal letter will serve in place of a policy amendment reflecting this rate change and rate guarantee period. Please keep this renewal letter with your policy records. Thank you for the opportunity to · be of service to The City of Palm Beach Gardens. We appreciate your business and look forward to working with you in the future as we continue to meet your group insurance needs . If you have any questions, or if I can be of further assistance, please feel free to call me on our toll-free number: 1-800-423-2765. Sincerely , Kelly Schnute Renewal Sales Consultant CC: Tim Rappold CC: Gallagher Benefit Services, Inc 2255 Glades Road Boca Raton, FL 33431 Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 9, 2012 Resolution 69, 2012 Subject/Agenda Item: Adopting the Fiscal Year 2012/2013 Fees and Charges Schedule. [X] Recommendation to APPROVE Recommendation to DENY Originating Dept.: Costs:$. _____ _ Finance (Total) Reviewed by: /JA.M~~ $ __ "Maf}IJi:nderson-Pickle Current FY R. Deputy Finance Administrator Advertised: NA Date: Paper: [ x ] Not Required Submitted by: Allan Owens Finance Administrator Affected parties r---------------~ Approved by: [ X ) Notified [ ] Not required Funding Source: [ ] Operating [x] Other Contract/Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 69, 2012 -Exhibit "A ": Master Fees and Charges Schedule Meeting Date: August 9, 2012 Resolution 69, 2012 Page 2 of2 BACKGROUND: Each year the City reviews its Master Fees and Charges Schedule and adopts adjustments or revisions to the schedule by resolution . Resolution 69 , 2012 approves modifications to the FY 2012/2013 City of Palm Beach Gardens Master Fees and Charges Schedule. This schedule includes recommended changes from each department to ensure that fees charged are sufficient to cover the costs of providing services. Amendments to this schedule can be made when necessary via a resolution of the City Council. However, those fees that are set by ordinance can only be amended by ordinance (these fees will be annotated on the schedule to avoid confusion). Some of the more significant of the proposed revisions to the Fees and Charges Schedule are as follows: • Several fees in the Building Division have no changes in the amount of the fees being assessed; however, language has been clarified to be consistent with Florida Statutes. In addition, Land Clearing permits, Right-of-Way permits, and Temporary Sign permits were moved to Planning and Zoning, Engineering, and Administrative Fees sections of the schedule, respectively . These activities are not a function of the Florida Building Code, and therefore are better captured in the department where the fees are recognized . • Foundation/Phased Construction Permit fees were removed from the Master Fees and Charges Schedule and will fall under the standard valuation table included in this section . Similarly, Phased Occupancy/Conditional CO/Completion Agreements have also been removed from the schedule and will fall under the same standard valuation table. • Other Administrative Service fees were added to the Building Division to capture costs associated with general administrative activities, if needed . This fee will not be assessed on permits already assessed fees under this fee schedule. • Various Parks and Recreation fees were slightly increased, decreased, or removed based on local market trends or actual costs to provide certain services. Please refer to Exhibit "A" for a comprehensive listing of the proposed changes by department. Copies of the Master Fees and Charges Schedule will be available to the public free of charge through the City Clerk's office, and it will also be made available on the City's website. STAFF RECOMMENDATION: Staff recommends approval of Resolution 69 , 2012 as presented . 1 2 3 RESOLUTION 69,2012 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF 8 FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY 9 THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND 10 OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 11 2012/2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 PURPOSES. 13 14 15 WHEREAS, the City Council of the City of Palm Beach Gardens desires to 16 update the schedule of fees and charges relating to various services rendered for the 17 citizens of the City of Palm Beach Gardens and for other members of the public; and 18 19 WHEREAS, the City Council desires to make certain the schedule of fees and 20 charges is available for inspection such that any member of the public may be aware of 21 the cost of each and every service provided by the City of Palm Beach Gardens; and 22 23 WHEREAS, the City Council deems approval of this Resolution to be in the best 24 interests of the health, safety, and welfare of the residents and citizens of the City of 25 Palm Beach Gardens and the public at large. 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF PALM BEACH GARDENS, FLORIDA that: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 32 33 SECTION 2. Any and all previous fees and charges schedules are hereby 34 repealed in their entirety. 35 36 SECTION 3. The City Council of the City of Palm Beach Gardens hereby 37 approves the schedule of fees and charges attached hereto as Exhibit "A." A copy of 38 the fees and charges schedule shall be kept on file at the City and shall be available for 39 review by the public. 40 41 SECTION 4. This Resolution shall become effective October 1, 2012. 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 69 ,2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: --------------------------Dav id Levy, Mayor ATIEST: BY: ----------------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: ---------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G :\attomey_share\RESOLUTIONS\2012\resolution 69 2012 fee schedule update-2012-2013 .docx Page 2 of 2 Resolution 69, 2012 EXHIBIT "A" FY 2012/2013 Fees and Charges Schedule City of Palm Beach Gardens Master Fees & Charges Schedule Effective October 1, 2012 Adopted by Resolution 69, 2012 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PBG, FL 33410 City Hall -Main Number 799-4100 Building 799-4201 Planpiitg & zoning 799-4243 Engineering 799-4288 ·-4245 Public Works 804-7000 Finance Department 799-4160 City Clerk's Office 799-4122 Police Department 79.9·4400 Fire Rescue 0~ artf!lent 799-4300 Recreation~~s 630-1100 1 City of Palm Beach Gardens Master Fees & Charges Schedule TABLE OF CONTENTS Building Division ............................................................... 3 Engineering p epartment. .................................................. 7 \ Legal Department .............................................................. 9 Planning & Zoning Department. ............................... ~ ...... 10 Neighborhood Services ................................................... 15 Community Services ........................................................ 16 Fi na nee Department. .............. £ ........................................... 17 Police De partm ent .... ., ....................................................... 19 Fire Resc ue ; . artme_nt. ....................................... ,f ....... 21 Parks & Recreation .......................................... ~ ................ 25 2 BUILDING DIVISON Review Fees Due upon submittal, based upon estimated construction. Net -..-..-.li,-.-.hlr. ""'"' ,... ,,... .. .j.hr. ,...,... ,,.....j.'"' nr. .. .....,.j.j.,... D .&. ,,...,..,.. cc 1:1:~ 0(\f"'),fh' UJ-IJ-1 1\...UUI\... l.V VY\... l.l ''-' '-"-'._.' ''"'-' 1-''-' ,......... ''-' '-'' '-' ''"''-'' -.J ,J,J,J •'VV' ...... '\ '-' 1 Plan Review Surcharge 10°/o of Building Permit Fee, $50 minimum. Additional mandatory penalty fees Penalty fee of 1 times the base plan fee '+*•'ill be assessed on the 1th and subsequent plan reviews.per FS 553. Expedited or out-of-sequence 10°/o of Building Permit Fee, $100 review fee (in addition to Plan minimum. Review Surcharae) Permit Fees Based on current fair-market value of proposed improvement, executed contract, or cost of construction using nationally recognized sources such as ICC Building Valuation Data, RS Means Cost Data, Marshall Swift, or similar publications. A I copy of the contract may be required. **In addition , applicable Fire Department, CPTED, Engineering, Impact, and Processing Fees will be assessed . I ~qinimum Permit Fee $75 Percentage of Valuation: Unit Value: 1.60 The first $100,000 (Minimum $75) plus I 1.10 The remainder over $100,000 plus I 1 The remainder over $1,000,000. Foundation Permit Residential: $250 1 nh ... ,.,.,.,.~ r,.,. .... ,. ....... , ,,......;,.,. .... ' Eommereial: $1,000 \ '-'VI I.;;Jl.l U\...l.IVI ) I I ......... ...! r'lr...,. : .... ,.. • 1-U IU '-'1'-'U II I~ 1 I 25 aeres or less ~ Greater than 25 aeres $250 1 $5 per aere for deared land. Right of Way Permit 7% of Project Valuation, $75 '---~-=-'-~...1 .. :'"L.. 11."--'",.,. .. n~ -:'"' minimum.no fee IUl.\...U YY ll.ll I I IU.;;Jl.\...1 I '-I I Ill. Sub-Permit Administrative Fee $20. (applicable to all sub-permits that are issued over the counter and 3 do not require an independent review) Temporary Construction Storage $50 I Container (in addition to permit) Temporary Structure $50 per trade inspected, plus Plan Review and Fire Department Fees. Temporary Signs Commercial $75 I $25 Code Inspection Fee. /nn.r_rih _f"__r.A.,.. \ \)-''-'' '-'1'-Y '-''VU'-'J Temporary Signs Commercial $35 I $25 Code Inspection Fee. Annual leasing and for sale t"\n .. rY'\if-( t"\n .. rih I r,-,.rl,-,.' J-''-'1 IIIII.. \J-''-'1 '-'11..)' ...._.,_,.._.'-} Temporary Signs Residential $25 Code Inspection Fee. (excludes not for profit, garage sale, residential open house, and residential real estate signs, up to ,...·>I ,...,.,, ...... ,.,. fnnf-..... ,.,. .. rih ,...,....,.!,.,.' oJ, ,, oJ'1'-'"'' '-................ , 1-''-.......... y '-'-''-''-} Penalty for commencing work Regular fee plus up to three (3) without first securing a permit or times the normal Building Permit written approval from the Fee (at the discretion of the Building Official. Building Gfficial).100°/o of the usual oermit fee . BUILDING DIVISON (continued) Inspection Fees Inspections by special request, $75/hour, 2-hour minimum. same day, after hours, or weekend (subject to staffing availability and as subject to review by the Building Official) Re-inspection Fee $59 fer first re inspection, $299 for second re inspection, and any subsequent re inspections.Additional ~enal~ fees ~er FS 553 ~50 for first re- insgection, ~200 for an~ subseguent re-insR§ction ger FS 553 . 4 Revision Fees (As stated, but not to exceed original permit fee; aA dditional valuation charges may apply after original permit approval) Major Prior to plan review being (i.e., changes in square footage, completed: no charge. model, layoutexterior After plan review is complete: modifications, involves other $75 plus $10 per sheet reviewed. degartment's review, involves valuation changes, multigle product chanqes ) Minor Prior to plan review being (t,.e;, minor changes to electrical, completed: no charge. plumbing, windo't't'S, product After plan review is complete: appro¥als, etc.~interior changes $25 plus $10 per sheet reviewed. onlv, sinole oroduct chanoes) Shop Drawings $75. Registration Fees Effective October 1 through September 30 (not pro-rated) Contractor Registration (per $20. qualifier) Annual No fee Sub-Permit $300 annually (not pro-rated). Fax LEmail Program Extension and Renewal Fees Application or Permit Extension or $50. Renewal Fee I ,..,.,..j""" f-r\. r\.l"iroin-.1 ""''ni,..-.f-j,.,...,. rl..,f-,.,. \ \I-' lVI '-V VI I~ I IU '-'-"1-'1 U '-IV VU '-'-' j Application Rene 1.val Fee $5G (after but within 90 days of ,.,. · ...... ~ ........ ,.,. , ... ·~ ...... ;,.,. ... ,..( ... ,+"\ V I~' IU '-'At-'ll U'-IVI UU'-'-' Permit Extension Fee $5e I""' • ,.,. .,_,.,. ,.,. ""' •• ...,.,_;,.,. ... \ \ 1-' IV '-V '-'-"I-' U'-IVI Permit Renewal Fee $50 (within 180 days after original rl -.+-,.,. \ ......... '-') Permit Reissuance Fee 30°/o of original Building Permit (after 180 days of original Fee. expiration date, must meet $100 minimum. Plus additional current code and may require Plan Review Fee as determined 5 new submittal b the Buildin Official 6 BUILDING Division (continued) I Administrative Fees Address Change $20 ger germit to be ugdated (agglicant reguesting gh~sical relocation of address andLor suite; after review and aggroval b~ Address Committee; in addition to Address Change aQQiication fee) Address Correction after permit $5920 per grimary permit issued issuance (to correct germits with incorrect address. submitted and issued with $10 ger sub-germit issued with incorrect address) incorrect address as result of orimarv Change of contractor after permit $-10020 regardless of permit type. issuance ,,.. .... ...,...,... •~--~-·,...,..,., \.;JUlio._'"'"""" .. '"' 1 Duglicate cog~ of Certificate of iJ Occupancy I Open Permit Status Request (per $50 per property control number individual address or suite) (10 day turnaround) I $100 per property control number (2 day expedited turnaround) I Other Administrative Services $30/hour or a oortion thereof I Other Professional Services (i.e., $50/hour or a portion thereof-; permit research, due diligence I reports, insurance affieavits, etc.) Phasee Occupancy, Coneitional Resieential: $250/$125 Certificate of Occupancy, or Commercial: Completion A§reement oE5,000 SF $750/$750 EOri§inal issuance valie fer 90 > 5,000 SF $1,500/$1,500 ea';s}e~ension renewals fer 4 5 says; non refuneable ana at c, il,..l;..,.,., 1"\Ui,...; .... l ,..l;,..,.. .. ,.,.f.i,.,. .... ' ................ ':::J "" .• , .... , ................ , ........ "'' '/' Raeon ana Buileing Per State of Floriea StatutesFS CertificationDCA & DBPR 553 surcharges 1.5°/o of Building Permit Fee, 7 I minimum ~4 ger FS553 . Stocking /Training consent PeFFTiit <5,000 SF $250. subject to aggroval of the >5,000 SF $750 Building Official and the Fire Marshal Temgora!Y Signs -Commercial ~75 + ~25 Code Insgection Fee. (per Citv Code) Temgora!Y Signs-Commercial ~35 + ~25 Code Insgection Fee. Annual leasing and for sale permit (per Citv Code) Temgora!Y Signs -Residential ~25 Code Insgection Fee. (excludes not for grofit, garage sale, residential ogen house, and residential real estate signs, ug to Six square feet, per Citv code) Training Surcharge 2°/o of the Building Permit Fee and/or Revision Fee, $2 minimum. Duplicate copy of Certificate of $3.00 ("'\,-.,..., ,,.,...,...,.,...., '-1 '--'--\..1 jJUI I"-Y * Requests for refunds will be as reviewed and aggroved ger Administrative Policy ._After a permit has been issued, if no inspections have been performed and the permit is not in an expired status, permits that are 'tYithdrawn or cancelled shall be refunded at 50% of the Building Permit Fee abo'te $200 . Building Permit Fees less than $200 will not be refunded. All other fees associated with the reviews or issuances of permits, aside from Impact Fees, are non refundable. Building Permit Fees on any permits with inspections completed, regardless of their status, will not be refunded. Requests for Impact Fee refunds may require a separate request to be filed with Palm Beach County. BUILDING DIVISION (centinHeEI) 8 All requests for refund must be made in Vv'riting at the time the withdrawal or cancellation is submitted. All fees are subject to review at the discretion of the Building Official, or authori:z:ed agents, to ensure fees assessed are consistent with the legislative intent of FS 553.80. 9 ENGINEERING DEPARTMENT Residential/Non-Residential Security Deposit Hourly Rates City Engineer $130. Engineering Associate $85. Engineering Inspector $65. Engineering Administrative $40. Support Infrastructure or Miscellaneous Engineering Permit Fees* ~~inimum Permit Fee $150 ROW Permit 7°/o of Valuation, ~75 minimum . ROW Permit with Master Permit No Fee . Percentage of Valuation: Unit Value: 3°/o The first $20,000 (minimum $150) plus. 2.5°/o The amount greater than $20,000 and less than or equal to $100,000 plus. 2°/o The remainder (over $100,000). NOTE: All cost estimates shall be reviewed and approved by the City Engineer prior to final fee determination. *25°/o of the total permit fee (based on the Applicant's submitted cost estimate) shall be due at the time of permit submittal (amount to be deducted from final determined Permit Fee). Remaining amount shall be due at time of permit pick-up and will be based on the approved cost estimate. I Other Fees $2,000, plus applicable engineering escrow and hourly Expedited permit review (5 day rates as shown herein. Fee is not turnaround) applicable to Targeted Expedited Permitting Program (TEPP) certified projects. Pre-Application infrastructure $2,000, plus applicable review (for petitions seeking engineering escrow and hourly review of engineering plans prior rates as shown herein. 10 to obtaining site plan approval) Triple permit fee, at the Commencing work without permit discretion of the City Engineer. I Other Fees (Continuation) I Commencing work without pre-$500 plus applicable_ hourly . . . . rates as shown herem, at the construction meettng, 1f applicable d. t· f th (ih, E ,,i 1scre 1on o e ILy n~tneer. I One and a half (1.5) times the I Overtime, weekend, or holiday inspections I I Permits requiring other Engineering review, inspections, or services (NPDES, code cases, Maintenance of Traffic, project feasibility, annual reports, build-out determination, plats, sureties, site plan, other required permits or petitions, etc.)** hourly rates as shown herein, minimum 2 hours. Subject to staffing availability and review and approval by the City Engineer. Hourly rates as shown herein, plus $1,000 engineering escrow***. I **All invoices for engineering services must be paid within thirty (30) days from invoice date. Otherwise, services may discontinue until all invoices are current. I ***Engineering escrow amount is required at petition submittal and will be returned only after project is completed to the satisfaction of the City Engineer and/or all related outstanding invoices have been paid. Request for return of engineering escrow must be made in writing for the City's review and approval. I NOTE: Permits or petitions requiring the professional review of consultants may incur additional costs by the Applicant, including, but not limited to, plats, boundary surveys, traffic impact analysis and reports, vegetation and environmental assessments, other engineering studies or reports, legal, etc. Additional costs are based on the consultants' hourly rates, which can be different from the ones shown herein and can change without notice. 11 LEGAL DEPARTMENT Legal Review Security Deposit for $1,000. Development Applications 12 PLANNING & ZONING DEPARTMENT )o-After an application has been reviewed and approved for sufficiency, any permit application that is voluntarily withdrawn shall be refunded up to a maximum of 50°/o of the application fee. )o-All requests for refund must be made in writing to the Director of Planning and Zoning at the time the withdrawal is submitted . Security deposits will be returned only after all related outstanding invoice items have been billed and outstanding monies receipted. Request for return of security deposit must be made in writing. )o-Additional costs for Developments of Regional Impact will be billed to the applicant. Application Fees Abandonment of Right-of-Way $825. Abandonment of Easement $330. Administrative Application $550. Administrative Approval; Minor Revision to $50. Application Administrative Variance $150. Appeal of an Administrative Determination $400 Single-Family Residence (non- commercial) $1,000 All Other Uses. Build Out Time Extensions $750. Build Out Determinations $2,750. Comprehensive Plan Land Use Map $2,500 . Amendment Comprehensive Plan "Small Scale" Land $1,500 . Use Ma_Q Amendment Comprehensive Plan Text Amendment $ 2,500. 13 PLANNING & ZONING DEPARTMENT (continued) Concurrency Certificate $550. Conditional Use -Major $1,650. Conditional Use-Minor $550. Development of Regional Impact (DRI) $5,500. minimum fee for first 6 months Miscellaneous Petitions $1,650. Non binding conceptual revie't't' by $1,000. Planning & Zoning or City Council the.- worl~ itern Special Workshop Notice of Proposed Change (NOPC) $5,500. (substantial deviation under Chapter 380 of Florida Statue) NOPC (non-substantial deviation) $3,000. Planned Community District (PCD) $3,500. Planned Unit Development (PUD)_ $3,000. PUD or PCD fee in conjunction with $500. Rezoning for same project PCD or PUD Amendment $2,000. Plat Application $750 . Plat Exemption $550. $250 Single-Family Residential Rezoning Fee (PUD/PCD/Zoning District) $2,500. Site Plan Review (Major) & Site Plan $2,000. Amendment Site Plan Review (Major) & Site Plan $250. Amendment in conjunction with Rezoning for same project Site Plan Review (Minor) $1,650. Subdivision $1,650 . Text Amendment of Land Development $1,650. Regulations Variance-Single-Family Residences $440. Variance-All other land uses $1,100. 14 PLANNING & ZONING DEPARTMENT (continued) Review Fees Surety Bond Review and Release $170. Non-Compliance Stop Work Review and $500. Action Annual Report Review Fee $350. Re-Submittal Fees Administrative Approval Re-Submittal Fee $150. DRI Re-Submittal Fee $1,000 . NOPC Re-Submittal Fee $1,000. PCD or PUD Re-Submittal Fee $825 . Site Plan Re -Submittal Fee $825. Security Deposit Fees Advertising Security De_Qosit $1,000 . Consultants/Other Security Deposit $1,000. Environmental Review Security Deposit $1,000 . Other Fees Advertising Actual Costs to City. Plat Recordation $30 first page; $15 each additional page. Applicant Postponement Fee $250. (each occurrence) Zoning Confirmation Letters $250 . (Additional $25 per research hour if research exceeds two (2) hours) Code of Ordinances (binder included) $150. Zoning Book (binder included) $65. 15 PLANNING & ZONING DEPARTMENT (continued) Misc. Meeting Fees Administrative Pre-Application Meeting $75. DRC No-Show Fee $170. Pre-Application Meeting $200. (prior to submittal) Compliance Status Meetings (per $200. meeting) Special City Council Meeting * must be $1,000. granted in accordance with the Cit¥'s Policies and Procedures Permit Fees I Land Clearino: I 25 acres or less ~250 . Greater than 25 acres ~250 + ~5 ger acre for cleared land. Liquor License Review $~79 New liguor license review $100L Name change of ownershig for existing business $SOL Temgorary license review $25 (block garties and non-orofit exemoted). Special Event Permits that require Council $550 + $50 Code Approval Inspection Fee. Special Event Permit Application (Non-$110 +$50 Code Profit Organizations and block parties Inspection Fee. exempt from Application Fee and Code Inspection Fee) Special Events Appeal (non-refundable) $55. Inspection Fees Landscape Inspection $170. Landscape Re-Inspections $170 x number of re- Inspections. Compliance Review-Building Permit $42 Single Residence (non-commercial). $170 All Others. 16 Compliance C/0 Inspection-First $170 . Compliance C/0 Re-Inspections $170 x number of re- inspections. Map Fees 8.5" X 11" $4. 11" X 17" $7 . 17 " X 24" $10. 24" X 36" $13 . Black and White Engineering Prints $5 per page. _(24" X 36'') Comprehensive Plan with paper maps $39 . with Transparency Map $49. GIS Fees Address Change $100 per address change; other fees may apply . I St:-::::::::t ~~~~:::: C!":~~;;:=:/Subdivision Change $100 . Review of Residential Addressing Plan $200. Review of Commercial Addressing Plan $200 . Open Space CAD Review : ~~inimum 3 $300 . hour review; O't(er 3 hours of review, an additional $300.00 will be charged for continuance of ret'iew of the Open Space EA9. 17 NEIGHBORHOOD SERVICES Release of Lien $100. Estoppel Letters $100. Filing Fee $10. Boat/RV Decals $25. Lien Searches and Title Searches $50 per property control number for Code Enforcement Activity (10-day turnaround). (ger individual address or suite) $100 per property control number (2-day expedited turnaround). Advertising, Recording, & Other Actual Costs to City. Costs Certificate of Occupancy $50. Inspection Certificate of Occupancy Re-$75 . Inspection Same -Day Certificate of $100 . Occupancy Inspection Off-Duty Code Officer Rate $35/hour Business Tax Receipt and Application Fees Residential $25 . Commercial $35. Professional $15. Research Fee (Application) $20. Renewal Administrative Fee $10 per license. Retail Affidavit $10 each. Dog-Friendly Dining Application $175. Expedited Business Tax Receipt $100. Approval (Approval within 3 days of application intake) Live Entertainment Permit $175. Live Entertainment Surety $500. Building Occupancy Inspection (if $75. required) Out-of-Town Registration $20. Duplicate Business Tax Receipt $3. (Reprint) 18 COMMUNITY SERVICES DEPARTMENT Sign Shop: Sign Production $100 per Street/Regulatory Sign. $150 per Stop/Warning Sign. Material costs plus labor: Other Signs. $25/hr labor rate for design development. $50/hr labor rate for sign installation plus materials. Fleet Services (based upon $110/hr shop rate resource availability, open only to (Per Chilton Labor Guide, current other governmental jurisdictions ed.). through Interlocal Agreement) Labor Assistance $45/hr (2-hour min. during regular business hours, 3-hour min. callback). Equipment Charge $50/hr equipment charge (paired with duration of operator). Small Vehicle $8/hr vehicle charge. Traffic Control (2 staff with $90/hr (2-hour minimum during vehicle) regular business hours, 3-hour minimum call back). $45/hr for each additional staff member. Maintenance of Traffic (MOT) As per FEMA 44 CFR § 206.228 Equipment Allowable Cost. Street Sweeping Fee: Includes $135/hr (2-hour minimum after labor and equipment hours). Mosquito Spraying Fee: Includes $95/hr (2-hour minimum after labor, equipment, and chemicals hours). I Pressure Cleaning/Graffiti $90/hr (2-hour minimum) during Removal regular business hours with 3 hour min. call back). $45/hr for each additional staff member. 19 FINANCE DEPARTMENT *This fee is set by Ordinance. If a conf li ct exists between th is documen t and said Ordinance, the Ordinance shall prevail. Franchise Filing Fee* $1,000. Franchise Renewal Fee* $1,000. Transfer or Assignment of $500. Franchise Co py of Budget or Proposed $40. Budget Copy of Comprehensive Annual $25. Financial Report Returned Check Fee $25. Amendments to Code $1,650. 20 CITY CLERK'S OFFICE Faci li ty Rental );;>-Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to General Liability-minimum limit of $500,000. );;>-Rental Hours: 8:00a.m. -5:00 p.m., excluding weekends and holidays. );;>-After 5:00 p.m., may require approval from City Manager or designee (as per Administrative Order CC: ADM 1) . Photocopies . 15 cents for one-sided copy no larger than 8.5" x 14" . . 20 cents for two-sided copy . . 30 cents for 11" x 17". $1.50 for 24" x 36" (normal quality) $2.25 for 24" x 36" (best/photo quality). Certified photocopies $1 per page. 1\ .,..!~,... .. ...,....,.,...,../\/;,..1,...,... .. ...,. ..... ,...,.. t!-C' ...,. ,... f-...,....,.,.,. .......... '-' '-""'!-''-"""• v ''-''-'-' '-""'!-''--' -1'.., 1-''-....... 1-''-• Compact Discs $1 per disc. For all other copies Actual cost of duplication of the public record. Council Chambers (per meeting) $150/hr (2-hour minimum). Electronic Equipment Staff $25. Support Set-Up Fee-over basic set up $50. Storage Fee (depending on $350 up to 5 days, $50 ea ch availability) additional day. Refundable Secu ri ty Deposit $200. Cancellation and/or $25. Re-Scheduling Fee 21 I I I POLICE DEPARTMENT Extra-duty hourly rates are subject to the prevailing rates as approved by the City Council through the current Police Department's collective bargaining agreement. The City's administrative fee of $10.00 per hour is included in the following hourly rates for the purpose of determining total billable charges: Extra-duty details scheduled on the following days will include an additional Five Dollar ($5.00) fee per hour: Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve, Super Bowl Sunday, Easter, Memorial Day, and Independence Day. Personnel 5-9 Officers 1 c, ,...,.,..,. .. , ;,..,..,. _, .... ...., ...... Y I ...... VI Seraeant 10-14 Officers 2 c, ..... ,.. .. , ;,..,.. .. ,.. Seraeants _,.._....., ...... Y 0-'VO 15-20 Officers 3 Supervisors Sergeants or 2 Sergeants and 1 Commander I Police Officer $47/hour I S~pcrv lsc:-Seraeant $52/hour Commander $57/hour (A Commander may be required when 2 or more Sergeants are working) 22 POLICE DEPARTMENT (continued) Equipment Vehicle $4/hour New Construction Crime Prevention Through $2.25 per $1,000 improvement Environmental Design (CPTED) cost ($50 minimum). Ins_Qection & Plans Review Fee Alarm Registration Fees: Commercial I New Construction $35 ~50 . Renewals $10. False Alarm Fees: Residential 4-6 False Alarms $25. (per occurrence) I 7-9 False Alarms $35$40. (per occurrence) I 10+ False Alarms $4G~. (per occurrence) False Alarm Fees: Commercial 4-6 False Alarms $25 . (per occurrence) I 7-9 False Alarms $35MQ. (per occurrence) I 10+ False Alarms $59~. (per occurrence) Misuse of 911 or Emergency Call $250 . System Additional Fees Finger Printing Eaf€1 $5 Resident. (~~aximum of $30 charged per $!-G-il.5_Non-Resident. person regardless of how many ,.....,. .. ,..!,..\ ......... '"" .... J Community Room Usage $30 per use. $100 rl/"\ ....... ;,...,5 itv d !PI "t '-''"""""'" '"" ecun e os1 . 23 ------------------------------~ ---------------- FIRE RESCUE DEPARTMENT Special event hourly rates are subject to the prevailing rates as approved by the City Council through the current Fire Rescue Department's collective bargaining agreement. The City's Fee per hour will be added for the purpose of total compensation. Equipment rates apply to hourly rates only for the specified equipment and do not include personnel costs, which are in addition to the equipment rates. *Contingent upon approved State of Florida legislation for cost recovery. New Construction Inspection & Plans Review Fee $2.25 per $1,000 improvement cost ($50 minimum). Civil Drawing Review Fee $50. Re-inspections/ Extra Inspections First No additional charge. Second $100. Third $150. Fourth and subsequent $200. Any unproductive inspector trip $75. (Work not ready, locked out, plans absent, etc.) Hood (Excluding fire suppression system) $100. New and Existing Occupancies, Buildings, and Structures (To be paid annually with the City Business Tax) Assembly Occupancy: 50-299 $50. 300-999 $75. 1,000-4,999 $150. 5,000 persons or greater $250. 24 FIRE RESCUE DEPARTMENT (continued) I EEhleat:ieRal 1 n-r-.,... 1\h ...... ,... .... tn •. ,...,..,..l-,.,...,...1 '-'Y]_ ~YI '-.. .._. ..,.J'-1 Jfl '-..,.Jvl IVVI $50 I All GtAeFs $199 I Healthcare/Institutionall Educationa l 5,000 sq. ft. and under $50. 5,001-15,000 sq. ft. $100. 15,001-30,000 sq. ft. $150. 30,001-100,000 sq. ft. $200. 100,001-200,000 sq. ft. $250. 200,001-500,000 sq. ft. $300. 500,001 sq. ft. and greater $350. Transient Lodging, Apartments, Residential Board & Care, and Adult Living Facilities 24 units and under $50. 25-100 units $75. 101-500 units $150. 501 units and greater $250. Mercantile, Office, Storage, Industrial, and Manufacturing 5,000 sq. ft. and under $50. 5,001-15,000 sq. ft. $100. 15,001-30,000 sq. ft. $150. 30,001-100,000 sq. ft $200. 100_~001-200,000 sq. ft $250. 200,001-500,000 sq. ft. $300. 500,001 sq. ft. and greater $350. Marinas and Boat Storage Buildings 50 boat slips and under $50. 51-100 boat slips $150. 101 -250 boat slips $200. 251 boat slips and greater $300. Temporary Structures Tents $50. All other occupancies not listed subject to Fire $50. Safety Inspection 25 FIRE RESCUE DEPARTMENT (continued) Special Details Personnel Special Event hourly rates $5/hour. Firefighter $30/hour. Driver Engineer/Fire Medics $35/hour. Lieutenants, Captains $40/hour. Equipment Fire Engine $85/hour. Ladder Truck $150/hour. Brush Truck $45/hour. Utility Truck (Generator/Breathing Air Supply) $48/hour. Rescue Truck $32.50/hour. Specialty EMS Vehicle $25/hour. EMS Transport Fees Basic Life Support Emergency Transport $700. Advanced Life Support Emergency Transport $750. Levell Advanced Life Support Emergency Transport $800. Level 2 Specialty Care Emergency Transport $850 . Oxygen $30. Mileage $12/transport mile *Motor Vehicle Accident and Fire Fees Level I -Scene Safety & Investigation $435. Level II-Light Extrication/Clean up of Materials $650. Level III-Heavy Extrication/Situation $1,800. Stabilization Level IV-Aero-Medical Transportation $2,100. Level V-Vehicle Fires $500. 26 FIRE RESCUE DEPARTMENT (continued) Alarm Registration Fees: Commercial New Construction $35. Renewals $10. False Alarm Fees: Residential 4-6 False Alarms (per occurrence) $100. 7-9 False Alarms (per occurrence) $200. 10+ Alarms (per occurrence) $300. False Alarm Fees: Commercial 4-6 False Alarms (per occurrence) $250 . 7-9 False Alarms (per occurrence) $500 . 10+ False Alarms (per occurrence) $1,000 . Misuse of 911 or Emergency Call System $250 . Additional Fees Emergency /Safety Plan Review $50 . Water Flow Test $150 . Community Room Rental (Minimum 2-hour $39:$50/hour rental). Certificate of Insurance must be Fire EOC ~65 /hour . provided naming the City of Pa lm Beach $100 $200 Gardens as Additional Insured with respect to SecurityCieaning Liability with a minimum limit of $500,000 Deposit. EMS Lab (1 instructor reguired) $50/hour. Instructor Rate for EMS Lab $45/hour. METIMAN Instructor $65/hour. Additional Instructor . ~35Lhour . Pyrotechnics Permit $100 . Outdoor Fireworks Dis_Qiay Permit $300. All applicable fees do not include tax 27 I PARKS & RECREATION ~ All applicable fees do not include tax, and certain event permits require multiple fees to cover costs of the event to the City. ~ Facility Rental: a) Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect t o General Liability minimum limit of $1,000,000. b) Products and Completion liability coverage for those serving food products. ~ NR =Non-Resident L NC = No Charge );> Business = A for-profit Business );> Non-Profit= Fee is based on Res/NR rates by location Outdoor Facility Permits: Exclusive Use of Permitted Space Individual Group: requires insurance; possibly multiple fees Pavilion, 4 hrs $2-5 $40 Res. $5G $100 Res. $5G $80 NR $100 $200 NR. (max 40 people). Single Athletic Field $25 Res. $25 Res. no prep, 2 hrs $50 NR $50 NR. (2-hr. minimum ) ~75 Business Single Athletic Field $45 Res. $45 Res. ' /l;,.,h+-.... ., h ...... $70 NR $70 NR .. '!:I ''-'"'I <-""' Single Basketball $10 Res. $10 Res. Court, -2 hrs $20 NR. $20 NR. C2 -hr. minimum ) ~30 Business Single Basketball $40 Res. $40 Res. rr-...+-II il"'b+r $50 NR $50 NR '--'-'... .. .., ·~ , ....... Single Roller Hocl~ey $20 Res. $20 Res. Rinl~,2 hrs $40 NR $40 NR 28 PARKS & RECREATION (continued) Outdoor Facility Permits: Exclusive Use of Permitted Space Single Roller Hockey Rink vi/lights, 2 hours $5G $40 Res. Res; $60 NR $60 N R Batting Cage,2 hr permit $ffi Res; ~ NR: Organized Tournament Play per field; light N/A $250 for 10 hrs. fee applies; does not include staffing Field Prep per field N/A $25 ball field. $75 multi- purpose field. $25 re-line. Concession Stand, Tournament Only N/A $250 for 8 hrs. $100 cleaning fee. $250 damage deposit. City Property Use N/A $400 Res. $800 NR. Skate Park Facility,4 hrs N/A $250 Res. $500 NR. Light Fee $20 per hr I per field Lc ourt . 29 PARKS & RECREATION (continued) Indoor Facility Permits (During Operating Hours) Exclusive Use of Permitted Space Note: Additional Staff Costs during off hour rentals Individual Group Room Rentals,2-hr $50/hr Res. $50/hr Res. $100/hr minimum $100/hr NR. NR. Small $65/hr Res. $65/hr Res. $130/hr Medium $130/hr NR. NR. Large $75/hr Res. $75/hr Res. $150/hr $150/hr NR. NR. BRRC Kitchen Use $50 $50 BRRC Gymnasium N/A$40/hr Res. $40Lhr Res. Athletic Team $80/hr NR $80Lhr NR . BRRC G~mnasium $125/hr Res. $125/hr Res. Event $250/hr NR. $250/hr NR. Tournament N/A $750 10 hrs Res. .U,OOO 10 hrs NR . Local Schools Wellness N/A $50/hr-1st hr within I Initiative G~mLRoom Use week. $25/hr each. additional hr within week. I Set-Up Fees $50 -over basic $50-over basic set- set up. up. I Refundable Security $200. $200. Deposit 30 PARKS & RECREATION (continued) Aquatic Facility: Rates During Facility Open Hours Entry Fee-All Persons Entering the Pool $2.82 Res. N/A (6 months and under NC) $9.43 NR. 3-Month Lap Swimming Card $65 Res. N/A $130 NR. Summer Blast Pass-(available for use during $50 Res. N/A PBC schools summer break) $1RL$6NR admission $100 NR . grices ug to 5 geogle ger visit 112 grice for 1 grivate 2-hr gool rental Free admission for 2 Sunda~s ug to 5 geogle ger visit Youth Camp Rate N/A $2 per person on deck-1 counselor free per 10 Res. youth, plus tax $7 NR. I Private Lessons-V2 hr $40 Res. N/A $52 NR. Group Instruction-112 hr per person $6 Res. N/A $8 NR. Lane Rentai-V2 hr, plus entry fee $10 Res. N/A $20 NR Corral Rentals-$8e85 Res. N/A Permit includes 20 pool admissions $!69170 NR. I Discount-tast: Defined 2 consecutive operating ${}.-941. 88 N/A hours Res. I $5-:666.57 NR. 31 PARKS&. RECREATION (continued) Aquatic Facility: Before/ After hours I Single Spray Pool Rental Rate -2 hrs, includes N/A $35e275 lifeguards for up to 35 people Res. I $700550 NR Main Pool Rental -2 hrs, includes lifeguards up N/A $350 Res. to 35 oeoole $700 NR Additional 25 people per hour N/A $50 Res. $100 NR. Training Lanes per lane per day $20 $20 Res. (4-hr max per day) Res. $40 NR. $40 NR. Deck Reception Rental N/A $300 Res. $600 NR. Additional Pool Hour N/A $80 Res. $160 NR. 32 PARKS & RECREATION (continued) Tennis Facility: Rates Hours of Regular Operation Daily Fee $&577 .55 Res. $13.~115.09 NR. Ball Machine Fee -1 hr $11.32 Res. $13.21 -NR. Additional Player Fee $6.60 Res. $9.43 NR. Single (annual) $330 Res. $660 NR. Family, Spouses, Minor dependents $456 Res. (annual) $912 NR. Junior (annual) $126 Res. $252 NR. Senior Single (annual) $270 Res. $540 NR. Senior Family (annual) $342 Res. $684 NR Seasonal Single $175 Res. (5 months annual) $350 NR. Group Membership -$3,500 Palm Beach Gardens Per 10 People Business Additional Group Membership $350 . 33 PARKS & RECREATION (continued) Tennis Facility: Before/ After Operation Hours Court Rental per hr, minimum 2-court rental $25 Res. $50 NR . Court Light Fee $10 Res. $20 NR. Tournament-Per 4 courts, 8 hrs, includes court $500 maintenance Event Fees Parks F/T Support Staff per contract $31/hr -as determined by the Director or $77 /hr additional on City Designee observed holidays Support Staff as determined by the $20/hr Director or Designee Event Permit Application plus facility $100 Res. & staff charges; $15 to $25 off-duty rate Non-refundable $200 NR. N/C for Recognized Youth Sports Providers BIG Program Fees Annual program fees set as cost recovery for the item sponsored. 34 PARKS & RECREATION (continued) I Program Fees N R Rate -Level One 20°/o (General Programs) NR Rate -Level Two 30°/o (High Demand or Heavy Impact) NR Rate-Level Three Double ( Ci!}'-Su_Qported Programs) NR Rate-Level Four Double/Market Trend (Special Facilities) NR Rate-Level Five Off-setting cumulative fee (Annual Permits) determined by program I NR Sport Participant Fee $3G40 in addition to PBGYAA Participant Sport Fee I Non-Peak Hours Low Impact 50°/o; Excluding Staffing Fee Reduction Rate I NR Individual Rate Open Gym $+.794.72 I Program Fees Cost Recovery Formula I Golf Program Rates Cost Recovery Formula I Riverside Youth Enrichment Cost Recovery Formula Center Fees I Program/Rental Refund $10 Processing Fee I Sport Instruction Registration $100 annually (plus permit fees) (City business tax license required} I Sport Tournament: Planning $20 per meeting/conference call assistance I (non-recognized provider) Affiliated Group =Fier l SePViees geAeFal & easie (via resolution, Youth Sports budgeted serviees pFO't'ided withiA opeFatiAg hOUFSJ Fee to ee paid: NR pef paftieipaAt, peF Coaches Background Checks (for Sf)Oft; all Parks and Reereation youth =Fier 2 SePViees EO Fe pFO§FafAS sports using City facilities) operatiAg outside of opeFatiAg houFs; Fee to ee paid: 59% of Suppoft Staff retes; :25% of Suppoft Staff Fates fOF oeser.·ed holidays. =Fier 3 SePViees FeEjuested sePt'iees &. • r:. I 35 staffiA§ aAel E8ASI:Iffiaeles.1 QQ 0/o COSt recovery (Fee to start January 1, 2013). PARKS & RECREATION {continued} Affiliated Group Tier 1 Services -§G enera I & (via resolution, for all Parks and basic budgeted services provided Recreation facilities) within operating hours; Fee to be paid:NR. per participant, per sport -;and coaches background checks. Tier 2 Services -eC ore programs operating outside of operating hours; Fee to be paid: 50°/o of Support Staff rates; 25°/o of Support Staff rates for observed holida¥s. Tier 3 Services -fReguested services exceed core functions; Fees to be paid: permit, staffing and consumables. 36 37 CI1Y OF PALM BEACH GARDENS COUNCIL AGENDA August 9, 2012 7:00P.M,. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo ~~~~ Council Member Jablin I. PLEDGE OF ALLEGIANCE II. ROLL CALL m. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: c/a. HONDA CLASSIC FOR SPONSORSHIP OF THE GARDENS GAMES PROGRAM . ~ b . PALM BEACH SOCCER ACADEMY FOR SCOREBOARD SPONSORSHIPS AND DONATION OF SOCCER GOALS. t1 c . CHAMBER OF COMMERCE PRESIDENT/CEO BETH KIGEL. ~ V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: ~VI. CI1Y MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Pages: APPROVE MINUTES FROM JULY 11 ,2012 SPECIAL CITY COUNCIL MEETING . b. ,P"M"' , , APPROVE MINUTES FROM JULY 12, 2012 CITY COUNCIL MEETING . RESOLUTION 44, 2012- CENTRAL GARDENS PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . d. RESOLUTION 6 5, 2012- RENEW SPECIAL MAGISTRATE CONTRACT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REAPPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT SPECIAL MAGISTRATE; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KEVIN M. WAGNER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e . (Staff Report on Page RESOLUTION 74, 2012- CONTRACT AWARD -EMS BILLING -3RD PARTY BILLING . A RESOLUTION OF THE CITY COUNCIL OF THE C ITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC. DBA INTERMEDIX FOR EMERGENCY MEDICAL SERVICES THIRD-PARTY BILLING AND REPORTING SERVICES; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f . (Staff Report on Pa ( RESOLUTION 75, 2012 - CONTRACT AWARD TO SOUTHERN SELF STORAGE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR THE LEASE OF STORAGE LOCKER UNITS TO SOUTHERN SELF STORAGE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. (Staff Rep o n RESOLUTION 77, 2012- LEGACY PLACE PCD REQUEST FOR ADDITIONAL SPECIAL EVENTS FOR YEARS 2012 AND 2013. A RESOLUTION OF THE CITY COUNCIL OF T HE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. h. (Staff Report on Page 87, RESOLUTION 80, 2012 - ALL-HAZARD SPECIAL RESPONSE VEHICLE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE EXPENDITURE OF $175,000 FROM THE LAW ENFORCEMENT TRUST FUND TO PURCHASE AN ALL-HAZARD SPECIAL RESPONSE VEHICLE; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES i. (Page 97) APPOINTMENT OF MR. KENNETH KIRBY TO THE WORKFORCE ALLIANCE. j. (Page 99) PROCLAMATION -NATIONAL NIGHT OUT. k . (Page 100) PROCLAMATION-851h ANNIVERSERY OF LESSER , LESSER , LANDY & SMITH, PLLC. IX. a. b. <*Designates Quasi-Judicial Hearing) (Staff Report o ORDINANCE 24, 2012 - (1 51 READING) AMENDMENTS TO THE POLICE PENSION . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER ~POLICE OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA , AT ARTICLE Ill, POLICE OFFICERS' RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY COUNCIL'S ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61 . DEFINITIONS., BY REPEALING THE DEFINITION OF •SALARY'" AND READOPTING SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135. ANNUAL ADJUSTMENTS. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . (Staff Report on Pa t ORDINANCE 25, 2012 (1 51 READING) AMENDING SECTION 26-2 AND SECTION 26-17 TO CLARIFY LANGUAGE FOR CANVASSING BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE CITY CLERK'S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY'S CANVASSING BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . X. RESOLUTIONS: a. (Staff Ret RESOLUTION 66, 2012 -HEALTH INSURANCE BENEFITS FISCAL YEAR 201212013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, FOR FISCAL YEAR 201212013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Pa1 RESOLUTION 69, 2012 -FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBliC FOR FISCAL YEAR 2012/2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . XI. ITEMS FOR COUNCIL ACfiON/DISCUSSION: XII. CI1Y A TIORNEY REPORT: QG~ ~~~.rr 6f.t'C.4.A~ \.fA> Xm. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED tlud if any interested party wishes to appeal any decision made by the City Council with resped 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 Ad and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entided to the provision of certain assistance at no cost Please call the City Oerk'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 COUNCIL AGENDA August 9, 2012 7:00P.M. Mayor Levy ..,/' ""' Vice Mayor Premuroso Council Member Tinsley &./"" Council Member Russo Council Member Jablin ~ I. /PLEDGE OF ALLEGIANCE II. v ROLL CALL 'f , 0 III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: a. ./ HONDA CLASSIC FOR SPONSORSHIP OF THE GARDENS GAMES PROGRAM. b. / PALM BEACH SOCCER ACADEMY FOR SCOREBOARD SPONSORSHIPS AND DONATION OF SOCCER GOALS. c . ...., CHAMBER OF COMMERCE PRESIDENT/CEO BETH KIGEL. V. V ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. /CITY MANAGER REPORT: VII. /coMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) 4 ...-0 VIII. CONSENT AGENDA: a. (Page 5) APPROVE MINUTES FROM JULY 11 , 2012 SPECIAL CITY COUNCIL MEETING. b. (Page 7) APPROVE MINUTES FROM JULY 12, 2012 CITY COUNCIL MEETING. c. J-0 (Staff Report on Page 17, Resolution on Page 19) RESOLUTION 44, 2012- CENTRAL GARDENS PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . d. (Staff Report on Page 28, Resolution on Page 30) RESOLUTION 65, 2012 - RENEW SPECIAL MAGISTRATE CONTRACT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REAPPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT SPECIAL MAGISTRATE; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KEVIN M. WAGNER ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 37, Resolution on Page 39) RESOLUTION 74, 2012- CONTRACT AWARD-EMS BILLING-3 Rb PARTY BILLING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC. DBA INTERMEDIX FOR EMERGENCY MEDICAL SERVICES THIRD-PARTY BILLING AND REPORTING SERVICES; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f . (Staff Report on Page 46, Resolution on Page 48) RESOLUTION 75, 2012 - CONTRACT AWARD TO SOUTHERN SELF STORAGE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR THE LEASE OF STORAGE LOCKER UNITS TO SOUTHERN SELF STORAGE ; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. g. (Staff Report on Page 70, Resolution on Page 80) RESOLUTION 77 , 2012- LEGACY PLACE PCD REQUEST FOR ADDITIONAL SPECIAL EVENTS FOR YEARS 2012 AND 2013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. h. (Staff Report on Page 87, Resolution on Page 89) RESOLUTION 80, 2012 - ALL-HAZARD SPECIAL RESPONSE VEHICLE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE EXPENDITURE OF $175,000 FROM THE LAW ENFORCEMENT TRUST FUND TO PURCHASE AN ALL-HAZARD SPECIAL RESPONSE VEHICLE ; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES i. (Page 97) APPOINTMENT OF MR. KENNETH KIRBY TO THE WORKFORCE ALLIANCE. j . (Page 99) PROCLAMATION-NATIONAL NIGHT OUT. k. (Page 100) PROCLAMATION -851h ANNIVERSERY OF LESSER , LESSER , LANDY & SMITH , PLLC . IX. PUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a./ 4-o b. 4-D (Staff Report on Page 101, Ordinance on Page 103) ORDINANCE 24 , 2012- (1 st READING) AMENDMENTS TO THE POLICE PENSION . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS , FLORIDA , AT ARTICLE Ill , POLICE OFFICERS' RETIREMENT TRUST FUND . IN ORDER TO IMPLEMENT THE CITY COUNCIL'S ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ; AMENDING SECTION 50-61 . DEFINITIONS ., BY REPEALING THE DEFINITION OF "SALARY" AND READOPTING SAME, AS REVISED ; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME , AS REVISED IN ORDER TO AMEND THE NORMAL RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135 . ANNUAL ADJUSTMENTS. AND READOPTING SAME , AS REVISED IN ORDER TO AMEND THE COST OF LIVING ADJUSTMENT ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES . (Staff Report on Page 107, Ordinance on Page 109) ORDINANCE 25 , 2012 (1 51 READING) AMENDING SECTION 26-2 AND SECTION 26 -17 TO CLARIFY LANGUAGE FOR CANVASSING BOARD . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND READOPTING SAME, AS REVISED , IN ORDER TO REVISE AND CLARIFY THE CITY CLERK 'S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY'S CANVASSING BOARD ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES . X. RESOLUTIONS: a. b. (Staff Report on Page 112, Resolution on Page 115) RESOLUTION 66 , 2012 -HEALTH INSURANCE BENEFITS FISCAL YEAR 2012/2013 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA POLICY NUMBER 91062 , GUARDIAN POLICY NUMBER 407008 , AND LINCOLN FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147 , FOR FISCAL YEAR 2012/2013 ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 134, Resolution on Page 136) RESOLUTION 69 , 20 12 -FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2012/201 3; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES . XI. V"JTEMS FOR COUNCIL ACTION/DISCUSSION: ~~XII. "CITY ATTORNEY REPORT: XIII. 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 ill 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 tlte /tearing 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 : eJ4Ro/ COMMENTS FROM THE PUBLIC Request to Address City Council Address : 3 6 'f R. 1 Ve. ~.s,·~e.- City: pl B, 6.- "' '"'h ""' ("" ) r 0 · Subject: L-~~ t'e l\eV1 f ~ Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: Address: City: Subject: 5'S"I/ 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 C ity 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. Address: City: • Subject: COMMENTS FROM THE PUBLIC Request to Address City Council I\ c. ' ~ . / .. / Dr. - Members of the public may address the City Council during the "Comments by the Public" -portion of ttie agenda and during "Public Hearings". This. Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is ·limited to three (3) minutes. Please Print Name: Address : COMMENTS FROM THE PUBLIC Request to Address City Council City: ----~~--6~--------------------- \ 6 \/) 4-:r:;:d~ ~ Subject: ) r Members of the public may address the City Council during the "Comments by t he Public" .·portion of the agenda and durfng "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. r ADDITI CllY COUNCIL MEETING 08/09/12 UNDER eONi~NTi Pftete._p'fa:btJv..s @~/'~ /tL. New a. AJ Brockman -Installation of the art piece in the Council Chambers. UNDER CllY ATTORNEY REPORT: a. Settlement Agreement DEL 110 0 I 10DIFIC ATIO S: ON ~'ol.-e-/1 /1#.. ~~ GN~o.L M~e:t"''y\J>. ~f1!..S IM-~ "1"0 C.O.JoUCA'l., C!J'Y-f ~~ /~.t~ tvfa~, ~Vi ~\(I A:!Jf', 'fb ..,.L.. ~Vi ~J"" (]j) 4th ANNUAL TOY & TRAIN SHOW presented by Derrick Dean Wagner Memorial Scholarship Foundation Sat. Dec. 8 -1 Oam-3pm Sun. Dec. 9 -11am-3pm $5.00 per adult or $9.00 per family as a donation to the Derrick Wagner Memorial Scholarship Foundation Children under 12 Free Proceeds to the 4th Annual Derrick Dean Wagner Memorial Toy & Train Show benefit the scholarship foundation. The show has been designed to be a family attraction. Just in time for Christmas, there will be door prizes & operating train layouts, live steam demo, and there will be Train and Toy vendors of all types displaying their wares for all to see and buy. St. Marks School Gymnasium 3395 Burns Road, Palm Beach Gardens, FL 33410 For Information Contact Will Wagner 561-373-9603 wwainc@comcast.net www. DerrickWag nerFou ndation .com Directions: From 1-95. Exit PGA Blvd. East, go over the overpass to Alt A1A (SR 811) exit, turn right at light, turn left (south) then 2 lights to Burns Rd. Turn left at light, turn left, Gym is on left. From the Florida Turnpike: Exit Eastbound PGA Blvd. East. Pass 1-95, Follow directions above. Use the address above for MapQuest or GPS navigation devices. ~~4-l. 1-/tf/t~ (!('rf Co.J~CA'--M~"J· l.et';~J 'fUo-'~..t-( "To Ct'ry C!o.MiccL, TO: DATE: FROM : THROUGH : SUBJECT: CC : CITY OF PALM BEACH GARDENS MEMORANDUM Mayor & City Council August 9, 2012 Allan Owens, Finance Administrator Natalie Crowley, Director of Planning and Zoning Ronald Ferris, City Manago/ Fees and Charges Schedule -Resolution 69, 2012 Patricia Snider, City Clerk Please note the additional modifications to Resolution 69 , 2012 : (!!J The Special City Council meeting fee of $1,000 .00 has been appropriately relocated from Planning and Zoning list of fees and charges to the City Clerk's section . Additionally , the schedule has been modified to clarify the $1,000 .00 is an Application fee, one-half ($500.00) of which will be refunded if the application is not approved . An additional fee of $4,000.00 has been included for any application which is approved , bringing the total fee for an approved Special City Council meeting to $5,000 .00 . Illustrations of the total fees that would be paid under each scenario are as follows : Scenario 1 -Fee for Special City Council Meeting if Approved : Fee Paid Application Fee $1,000.00 Additional Fee if Approved 4,000 .00 Total Fee if Approved $5,000.00 Scenario 2-Fee for Special City Council Meeting if not Approved : Fee Paid Application Fee $1,000.00 Amount Refunded (50%) (500 .00) City Retains $500 .00 PLANNING & ZONING DEPARTMENT (continued) Misc. Meeting Fees Administrative Pre-Application Meeting_ $75. DRC No-Show Fee $170. Pre-Application Meeting $200. (prior to submittal} Compliance Status Meetings (per $200. meeting) c ... ,..,...: ... l r: ... r,.. ... ,...:1 1\JI,..,..~: ... ,., d-1 (\()('\ .... t-''-'~IUI '-'''-[ '-'VU 1 ~11 I 1'-''-''-' I~ -f'.&.J\J\J\J o Permit Fees I Land Clearinq: I 25 acres or less ~250. Greater than 25 acres ~250 + ~5 ger acre for cleared land. Liquor License Review $179 New liguor license review ~100L Name change of ownershig for existing business ~SOL Temgora~ license review ~25 (block garties and non-profit exempted). Special Event Permits that require Council $550 + $50 Code Approval Inspection Fee. Special Event Permit Application (Non-$110 + $50 Code Profit Organizations and block parties Inspection Fee. exempt from Application Fee and Code Inspection Fee) Special Events Appeal (non-refundable) $55. Inspection Fees Landscape Inspection $170. Landscape Re-Inspections $170 x number of re- Inspections. Compliance Review-Building Permit $42 Single Residence (non-commercial). $170 All Others. Compliance C/0 Inspection-First $170. Compliance C/0 Re-Inspections $170 x number of re- 16 CITY CLERK'S OFFICE Facility Rental » Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to General Liability-minimum limit of $500,000. » Rental Hours: 8:00 a.m. -5:00 p.m., excluding weekends and holidays. » After 5:00 p .m., may require approval from City Manager or designee (as per Administrative Order CC: ADM 1) . Photocopies . 15 cents for one-sided copy no larger than 8.5" x 14" . . 20 cents for two-sided copy . . 30 cents for 11" x 17 ". $1.50 for 24" x 36" (normal quality) $2.25 for 24" x 36" (best/photo quality). Certified photocopies $1 per page. I 1\ ,,-lj r. f--.nr.r 1\/trlr.r. f--.nr.r d-I:: r"\r'\t" f--. r"\r'\ 1\UUIV l.UJJ~...>f V IU~V l.UJJ~...> -t'.J JJ~' l.UJJ~• Compact Discs $1 per disc. For all other copies Actual cost of duplication of the public record. Council Chambers (per meeting) $150/hr (2-hour minimum). Sgecial Cit¥ Council Meeting ~1 ,000 (50°/o refund will be Agglication (agglication to be issued if agglication is not reviewed and aggroved in aggroved) accordance with Cit¥ Policy) Sgecial Cit¥ Council Meeting Fee ~4,000 (100°/o Agglication Fee will be applied if approved). Electronic Equipment Staff $25. Support Set-Up Fee-over basic set up $50. Storage Fee (depending on $350 up t o 5 days, $50 each 21 TO: DATE: FROM: THROUGH: SUBJECT: CC: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor & City Council August 9, 2012 / f Natalie Crowley, Director of Planning and Zoning~ Ronald Ferris, City Manage~~ Legacy Place Additional Special Events-Resolution 77, 2012 Patricia Snider, City Clerk Please note the following changes made to condition of approval number one (1), shown as underlined: The additional number of events permitted at one (1) location shall be limited to only the event, "Cinema Under the Stars", located on the garage rooftop. Any modification to allow an alternate location to exceed additional events shall be approved by the Director of Planning and Zoning. (Planning and Zoning) KEN KIRBY Ken is: •!• Founder and CEO of Transdermal Delivery Solutions Corp.-just moving into the old DiVosta hq on Riverside •!• Founder and Managing Director of the Langford Research Institute •!• Co-inventor of a unique new system for painless delivery of drugs Ken serves as: •!• Past District Trustee and Chairman of Palm Beach State College •!• Past Chairman of the Life Sciences Strategic Steering Committee of the Business Development Board A Board Member of BIO Florida •!• A Board Member of the Education Commission •!• A Board Member of Workforce Alliance since 2006 •!• One of two non-faculty members of the Scripps Florida Institutional Biosafety Committee •!• Chairman of the Institutional Animal Care and Use Oversight Committee and Institutional Biosafety Committee for the Max Planck Florida Institute Ken lives with his wife of nearly 32 years, Kathy, in Palm Beach Gardens. Ken is proposed to represent the City on the Workforce Alliance Board where he has served for the past 6 years. He will replace Max Davis as the City's representative. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program; and WHEREAS, the "2!Jth Annual National Night Out" provides a unique opportunity for Palm Beach Gardens to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Palm Beach Gardens Police, Fire-Rescue and Community Services Department plays a vital role through joint crime, drug and violence prevention efforts in Palm Beach Gardens; and is supporting ~~National Night Out 2012" locally; and WHEREAS, it is essential that all citizens of Palm Beach Gardens be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in Palm Beach Gardens; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out,, program; NOW, THEREFORE, I, Mayor David Levy, do hereby call upon all citizens of Palm Beach Gardens to join Palm Beach Gardens Police and Fire-Rescue and the National Association of Town Watch in supporting the 29'" Annual National Night Out" in conjunction with the popular Gardens Summer Market Nights on August 9, 2012 as: "NATIONAL NIGHT OUT" in the City of Palm Beach Gardens IN WITNESS WHEREOF, I have hereunto set my band and caused the Seal of the City of Palm Beach Gardens, Florida, to be atru:ed this 9* Day of August, in the year Two Thousand and Twelve. David Levy, Mayor ATTEST: Pat~, Ciiy Clerk ----------- ~~--------~----------,--------------------- CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the law finn was founded by Joseph H. Lesset-, in 1927. Mr. Lesser was born in 1899 and died in 1982; and WHEREAS, Joseph Lesser established the finn's beginnings, both in terms of professional service and dedication to clients' needs, as weD as setting the finest example of the importance of community service back in 1927;and WHEREAS, the firm's focus is on serious personal injmy and wrongful death cases and has a reputation in both the legal and medical communities for superior legal skills, hard work, and high ethical standards; and WHEREAS, the firm's lawyers have significant trial experience with many of the lawyers spending years defending the insurance industry before representing the interests of the injured and known to insurance companies and insurance defense lawyers as skillful advocates; and WHEREAS, the firm's lawyers have significant leadership within the Florida Bar and the personal injury legal community and have served on the Board of trial organizations, Chaired the Florida Bar Professional Ethics Committee; and WHEREAS, the finn has donated significant time and money to a variety of charitable endeavors and continue the tradition of service to their clients, community involvement and a dedication to professionalism; and WHEREAS, the law firm will be celebrating their 85111 Anniversary; and NOW, THEREFORE. I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby recognize: Saturday, September 8, 2012 as the 85th Anniversary of Lesser, Lesser, Landy & Smith, PLLC Attest: Patricia Snider, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this ~ day of August in the year Two Thousand and Twelve. 67w~ David Levy, Mayor