HomeMy WebLinkAboutAgenda Council Agenda 011013
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 10, 2013
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. KIM DELANEY, PH. D., STRATEGIC DEVELOPMENT COORDINATOR,
TREASURE COAST REGIONAL PLANNING COUNCIL REGARDING TRI-RAIL
UPDATE.
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 DECEMBER 6, 2012 CITY COUNCIL
MEETING.
b. (Staff Report on Page 10, Resolution on Page 12) RESOLUTION 1, 2013 –
APPOINT THE SUPERVISOR OF ELECTIONS AS ADDITIONAL MEMBER OF
THE CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE
SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL
MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING BOARD;
REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO
CANVASS ALL ABSENTEE BALLOTS; TO CANVASS THE MUNICIPAL
ELECTION, ALONG WITH THE CITY’S CANVASSING BOARD; AND TO
CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION
MACHINERY; AUTHORIZING THE CITY CLERK TO DO ALL THINGS
NECESSARY TO CONDUCT THE MUNICIPAL ELECTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor
Vice Mayor Premuroso
Council Member Tinsley
Council Member Russo
Council Member Jablin
c. (Staff Report on Page 15, Resolution on Page 17) RESOLUTION 3, 2013 -
TEMPORARY CONSTRUCTION EASEMENT. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
AUTHORIZING THE VICE MAYOR TO EXECUTE TWO (2) TEMPORARY
CONSTRUCTION EASEMENTS WHICH GRANT LIMITED EASEMENTS OVER
CITY-OWNED PROPERTY TO PALM BEACH COUNTY IN ORDER TO
FACILITATE THE WIDENING OF MILITARY TRAIL NECESSARY TO
ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT-TURN LANE ONTO
BURNS ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
d. (Staff Report on Page 27, Resolution on Page 29) RESOLUTION 5, 2013 –
INTERLOCAL AGREEMENT FOR 4 CPR ASSIST DEVICES. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE PALM
BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO RECEIVE
FOUR (4) CPR COMPRESSION DEVICES THROUGH A COUNTY
EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARD FROM THE
FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL
SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
e. (Staff Report on Page 40, Resolution on Page 42) RESOLUTION 6, 2013 -
MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN FEMA TASK
FORCE FL-2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE MEMORANDUM OF
AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND THE
CITY OF PALM BEACH GARDENS, FLORIDA THROUGH THE CITY OF
MIAMI’S FIRE RESCUE DEPARTMENT, AS THE SPONSORING AGENCY OF
FLORIDA TASK FORCE 2 OF THE NATIONAL URBAN SEARCH AND
RESCUE (USAR) RESPONSE SYSTEM AND THE CITY OF PALM BEACH
GARDENS’ FIRE RESCUE DEPARTMENT AS A PARTICIPATING AGENCY
OF THE TASK FORCE; AUTHORIZING THE VICE MAYOR TO EXECUTE SAID
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
f. (Page 106) PROCLAMATION – ARBOR DAY.
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 107, Ordinance on Page 114) ORDINANCE 1, 2013 -
(1ST READING) BUDGET AMENDMENT FOR FISCAL YEAR 2013. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND
ENDING SEPTEMBER 30, 2013, INCLUSIVE; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
b. (Staff Report on Page 116, Ordinance on Page 119) ORDINANCE 3, 2013 –
(1st READING) AMENDING THE CITY’S CODE OF ORDINANCES AT
CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE CITY’S CODE OF ORDINANCES AT
CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT.
DIVISION 3. CODE ENFORCEMENT PROCEDURES. BY REPEALING SUB-
SECTION 2-236 (b) AND READOPTING SAME, AS REVISED, IN
CONFORMANCE WITH RECENT AMENDMENTS TO SECTION 162.12,
FLORIDA STATUTES; FURTHER AMENDING DIVISION 3. CODE
ENFORCEMENT PROCEDURES. BY REPEALING SUB-SECTIONS (a) AND
(e) OF SECTION 2-241. SERVICE OF NOTICES. AND READOPTING SUB-
SECTION 2-241(a) WITH REVISED NOTICE PROVISIONS IN
CONFORMANCE WITH RECENT AMENDMENTS TO SECTION 162.12,
FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 2. ADMINISTRATION. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
c. (Staff Report on Page 123, Resolution on Page 145) RESOLUTION 2, 2013 -
AMENDMENT TO THE LA FITNESS PLAZA MASTER SIGNAGE PROGRAM.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE LA FITNESS
PLAZA PLANNED UNIT DEVELOPMENT (PUD) RELATED TO SIGNAGE FOR
TUNIE’S NATURAL GROCERY STORE, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
d. *(Staff Report on Page 152, Resolution on Page 176) RESOLUTION 8, 2013
- AMENDMENT TO THE OLD PALM PLANNED COMMUNITY DEVELOPMENT
(PCD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE OLD
PALM PLANNED COMMUNITY DEVELOPMENT (PCD) TO MODIFY THE
SETBACKS FOR PARCELS A, B, AND E, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING A WAIVER; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
e. *(Staff Report on Page 183, Resolution on Page 199) RESOLUTION 10, 2013
- GORDON AND DONER PLANNED UNIT DEVELOPMENT (PUD). A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE GORDON AND
DONER PLANNED UNIT DEVELOPMENT (PUD) TO APPROVE A PHASING
PLAN, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
X. RESOLUTIONS:
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 220) LEGISLATIVE UPDATE
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.
1 CITYOFPALMBEACHGARDENS
2 CITYCOUNCIL
3 REGULAR MEETING
4 December 6, 2012
5
6 The regular meeting was called to order at 7:01p.m. by Vice Mayor Premuroso.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Vice Mayor Premuroso, Council Member Russo, Council Member Jablin.
10 ABSENT: Council Member Tinsley.
11 III. ADDITIONS, DELETIONS, MODIFICATIONS
12 None.
13 IV. ANNOUNCEMENTS AND PRESENTATIONS
14 Finance Administrator, Allan Owens introduced Steve Alexander, PFM, Asset Management.
15 a. FISCAL YEAR 2012 INVESTMENT UPDATE-PFM ASSET MANAGEMENT.
16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
17 Council Member Joseph Russo: Read into the record items by Council Member Tinsley:
18 Attended the opening of the Miami Children's Hospital, Honda Board meeting; the City's
19 Veterans Day event; the Mayor's Veterans Day Golf Classic; Chamber event with speaker,
20 Adam Putnam; Caroling event at Burns Road; BLAB meeting, Scripps Max Planck Institute;
21 PGA Corridor annual get-together; Council Member Tinsley attended the opening ofNutrition
22 Smart; Parks and Recreation Advisory Board meeting; attended and served as the Palm Beach
23 Gardens judge for the North Palm Boat Parade; attended the soccer closing ceremony; Big Heart
24 Brigade; the City tree lighting; Economic Development Board meeting; announced working with
25 Karen Marcus on resolution of the OIG lawsuit; wished everyone Happy Holidays.
26 Council Member Eric Jablin: Attended the tree lighting, complimented Mr. and Mrs. Claus
27 and staff; announced Midtown Hanukkah Candle Lighting Saturday; JCC Hanukkah Celebration
28 Sunday; attended the ribbon cutting at the Max Planck Institute; wished Happy Holidays to all.
29 Vice Mayor Robert Premuroso: Welcomed David Levy and County Commissioner Hal
30 Valeche; announced the Rooney golf tournament at PGA National; Historical Society meeting
31 and Holiday Event; announced Y AA Soccer had a successful year; wished all Happy Holidays.
32 VI. CITY MANAGER REPORT OIG Report; Open Sky; 40th Terrace and Sunset Drive
33 Survey Update.
34 VII. COMMENTS FROM THE PUBLIC
35 Commissioner Hal Valeche 125 Viera Drive, Palm Beach Gardens; Barbara Rosensweig 4871
36 Bonsai Circle #209, Palm Beach Gardens.
37 VIII. CONSENT AGENDA
38 a. APPROVE MINUTES FROM NOVEMBER 1, 2012 CITY COUNCIL MEETING.
39 b. RESOLUTION 62, 2012-TREVI AT THE GARDENS PLANNED UNIT DEVELOPMENT
40 (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
41 GARDENS, FLORIDA APPROVING THE TREVI AT THE GARDENS PLANNED UNIT
42 DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
43 PURPOSES.
44 c. RESOLUTION 64, 2012-SURPLUS AUCTION ITEMS. A RESOLUTION OF THE CITY
45 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING
46 CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND
47 AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR
48 OTHER PURPOSES.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12-06-12
PAGE 1
1 d. RESOLUTION 103, 2012-RIGHT OF WAY TRANSFER FROM THE CITY TO FDOT. A
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
3 FLORIDA APPROVING A ROADWAY RIGHT-OF-WAY TRANSFER AGREEMENT
4 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR ONE (1)
5 PARCEL OF LAND; AUTHORIZING THE VICE MAYOR TO EXECUTE THE
6 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
7 e. RESOLUTION 104, 2012-TOBACCO-FREE KIDS. A RESOLUTION OF THE CITY
8 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA URGING LOCAL
9 RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN FROM SELLING AND
10 MARKETING FLAVORED TOBACCO PRODUCTS, WHICH TEND TO PROMOTE AND
11 INFLUENCE UNDERAGE AND/OR YOUTHFUL CONSUMPTION; PROVIDING AN
12 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
13 Council Member Jab lin made a motion for approval of the Consent Agenda.
14 Council Member Russo seconded.
15 Motion passed 3-0.
16 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
17 Those preparing to give testimony were sworn in.
18 The City Clerk read Ordinance 27, 2012, by title.
19 a. ORDINANCE 27, 2012 -(1st READING) UPDATE THE CAPITAL IMPROVEMENTS
20 ELEMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
21 GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE
22 DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN
23 SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A
24 CITY-INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO
25 THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL
26 IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE
27 TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT
28 THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR
29 AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS
30 ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
31 AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
32 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
33 PURPOSES.
34 Vice Mayor Premuroso opened the Public Hearing.
35 Petitioner: None.
36 Staff presentation: Principal Planner, Richard Marrero.
37 Public comment: Rachel Kijewski 1224 16ih Avenue North, Lake Worth; Courtney Claar,
38 1134 19th Avenue North, Lake Worth.
39 Vice Mayor Premuroso closed the Public Hearing.
40 Council Member Jablin made a motion for approval of Ordinance 27, 2012, 1st reading.
41 Council Member Russo seconded.
42 Motion passed 3-0.
43 The City Clerk read Ordinance 28, 2012 by title.
44 b. ORDINANCE 28,2012-(2ND READING AND ADOPTION) REZONE THE EXISTING
45 MCDONALD'S PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
46 OF PALM BEACH GARDENS, FLORIDA. AN ORDINANCE OF THE CITY COUNCIL OF
47 THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL
48 PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12-06-12
PAGE 2
1 GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01
2 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF
3 NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A STREET ADDRESS OF
4 3805 NORTHLAKE BOULEVARD, TO BE KNOWN AS THE MCDONALD'S PUD;
5 PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE
6 PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING
7 DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN
8 UNDERLYING ZONING ESIGNATION OF GENERAL COMMERCIAL (CG-1);
9 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE
10 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
11 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
12 FOR OTHER PURPOSES.
13 RESOLUTION 98, 2012 IS A COMPANION ITEM TO ORDINANCE 28, 2012
14 AND WILL REQUIRE COUNCIL ACTION.
15 *RESOLUTION 98, 2012 -REZONE THE EXISTING MCDONALD'S PROPERTY. A
16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
17 FLORIDA APPROVING THE MCDONALD'S PLANNED UNIT DEVELOPMENT (PUD)
18 WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY
19 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
20 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21 Vice Mayor Premuroso opened the Public Hearing.
22 Petitioner: None.
23 Staff presentation: None.
24 Public comment: None.
25 Vice Mayor Premuroso closed the Public Hearing.
26 Council Member Jablin made a motion for approval of Resolution 98,2012, on 2nd reading and
27 adoption.
28 Council Member Russo seconded.
29 Motion passed 3-0.
30 The City Clerk read Ordinance 30, 2012 by title.
31 c. ORDINANCE 30, 2012 (1st READING) COMPREHENSIVE PLAN TEXT
32 AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
33 BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS
34 COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES
35 SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION
36 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPTA-12-
37 10-000023, WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE
38 ELEMENT AND HOUSING ELEMENT, TO PROVIDE MINOR UPDATES TO CERTAIN
39 TABULAR DATA, NOMENCLATURE, AND OTHER AMENDMENTS WHICH REVISE,
40 CLARIFY, AND PROVIDE FOR INTERNAL CONSISTENCY; PROVIDING FOR
41 COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES;
42 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC
43 OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
44 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
45 FOR OTHER PURPOSES.
46 Vice Mayor Premuroso opened the Public Hearing.
4 7 Petitioner: None.
48 Staff presentation: Planning and Zoning Director, Natalie Crowley.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12-06-12
PAGE 3
1 Public comment: None.
2 Vice Mayor Premuroso closed the Public Hearing.
3 Council Member Jab lin made a motion for approval of Ordinance 30, 2012, 1st reading.
4 Council Member Russo seconded.
5 Motion passed 3-0.
6 X. RESOLUTIONS
7 The City Clerk read Resolution 101, 2012 by title.
8 a. RESOLUTION 101, 2012-LEASE BUY BACK OF TWO RESCUE UNITS FROM TEN-8
9 FIRE EQUIPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
10 BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE/TIJRN-IN OF TWO
11 (2) RESCUE UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
12 DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT;
13 PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES.
14 Petitioner: None.
15 Staff Presentation: Fire Chief, Peter Berge I.
16 Council Member Jab lin made a motion for approval of Resolution I 0 I, 2012.
17 Council Member Russo seconded.
18 Motion passed 3-0.
19 The City Clerk read Resolution I02, 2012 by title.
20 b. RESOLUTION 102,2012-LEASE BUY BACK OF ONE FIRE ENGINE FROM PIERCE
21 MANUFACTURING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
22 BEACH GARDENS, FLORIDA APPROVING THE LEASEPURCHASE OF ONE (1) 2012
23 PIERCE IMPEL PUMPER FROM TEN-8 FIRE EQUIPMENT, INC., AN AUTHORIZED
24 DEALER FOR FIRE ENGINES IN THE STATE OF FLORIDA; AUTHORIZING THE CITY
25 MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH
26 LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR
27 OTHER PURPOSES.
28 Petitioner: None.
29 Staff Presentation: Fire Chief, Peter Berget
30 Council Member Jablin made a motion for approval of Resolution 102, 2012.
31 Council Member Russo seconded.
32 Motion passed 3-0.
33 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION ,
34 a. UPDATE APPOINTMENTS TO EXTERNAL BOARDS/COMMITTEES.
35 -No Council action taken.
36 XII. CITY ATTORNEY REPORT
37 None.
38
39
40
41
42
43
44
45
(The remainder of this page intentionally left blank.)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12-Q6-12
PAGE 4
1 XIII. ADJOURNMENT
2 Council Member Jablin made a motion to adjourn.
3 Council Member Russo seconded.
4 Motion passed 3-0.
5 The meeting adjourned at 8:33p.m.
6 The next regularly scheduled City Council meeting will be held January 10, 2013.
7 APPROVED:
8
9
10
11
12 Robert G. Premuroso, Vice Mayor
13
14
15
16 Marcie Tinsley, Council Member
17
18
19
20 Joseph R. Russo, Council Member
21
22
23
24
25
26
27
28
29
30
31
32 ATTEST:
33
34
35
36
37 Patricia Snider, CMC
38 City Clerk
39
40
41
Eric Jablin, Council Member
42 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
43 meeting. A verbatim audio record is available from the Office of the City Clerk.
44 All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
12-06-12
PAGE 5
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Resolution 1, 2013
Subject/Agenda Item: Appoint the Supervisor of Elections, or designee, as an additional
member to the City's Canvassing Board for the March 12, 2013, Municipal Election.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.: Costs:$ 0 Council Action:
City Clerk (Total)
City Altornp ] Approved
$ R~an,Esq. Current FY 1 Approved w/
Conditions
J Denied
Advertised: NA Funding Source:
] Continued to:
Date: [ 1 Operating Attachments:
Paper: [ 1 Other • Resolution 1, 2013
[ x ] Not Required
-------------------------------
Submitted by: Contract/Agreement:
Aid' Effective Date:
NA
Expiration Date:
PatriCiaSflidef"c NA
City Clerk
Affected parties Budget Acct.#:
Approved by: [ 1 Notified
[ ] Not required
Meeting Date: January 10, 2013
Resolution 1, 2013
Page 2 of2
BACKGROUND: In accordance with Chapter 26, Elections, the 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 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.
The City Clerk, or designee, and such others as the City Council may appoint by resolution
shall serve as members of the Canvassing 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.
The Board shall canvass the returns and absentee ballots in accordance with state law.
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 Resolution 1, 2013 as
presented.
1 RESOLUTION 1, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF
6 ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF
7 THE CITY OF PALM BEACH GARDENS CANVASSING BOARD;
8 REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE,
9 TO CANVASS ALL ABSENTEE BALLOTS; TO CANVASS THE
10 MUNICIPAL ELECTION, ALONG WITH THE CITY'S CANVASSING
11 BOARD; AND TO CONDUCT THE LOGIC AND ACCURACY
12 TESTING FOR ALL ELECTION MACHINERY; AUTHORIZING THE
13 CITY CLERK TO DO ALL THINGS NECESSARY TO CONDUCT THE
14 MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND
15 FOR OTHER PURPOSES.
16
17
18 WHEREAS, pursuant to Section 26-2 of the City Code of Ordinances, the City
19 elections shall be conducted in a proper and legal manner in accordance with general
20 law of the State of Florida; subject to the mutual agreement of the City Council and the
21 Palm Beach County Supervisor of Elections (SOE), the City may contract with the SOE
22 for the orderly conduct and administration of the City's municipal elections in
23 accordance with state law; and
24
25 WHEREAS, pursuant to Section 26-17 of the City Code of Ordinances, the City
26 Clerk, or designee and such others as the City Council may appoint by resolution shall
27 serve as members of the Canvassing Board. The Board shall ensure that the ballots
28 cast for any election are fairly and accurately counted and shall certify the results of
29 each election; and
30
31 WHEREAS, the City Council desires to appoint the Supervisor of Elections, or
32 designee, as an additional member of the City's Canvassing Board, and requests that
33 the Supervisor of Elections, or designee, conduct the logic and accuracy testing of the
34 electronic election machinery and tabulation equipment for the City; canvass all
35 absentee ballots and canvass the municipal election, along with the City's Canvassing
36 Board; and certify the results of the municipal election and
37
38 WHEREAS, the City Council deems approval of this Resolution to be in the best
39 interests of the health, safety, and welfare of the residents and citizens of the City of
40 Palm Beach Gardens and the public at large.
41
42
43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
44 OF PALM BEACH GARDENS, FLORIDA that:
45
46 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Page 1 of 3
Resolution 1, 2013
1 SECTION 2. The City Council hereby appoints the Supervisor of Elections, or
2 designee, as an additional member of the City's Canvassing Board, and requests that
3 the Supervisor of Elections, or designee, conduct the logic and accuracy testing for all
4 election machinery and tabulation equipment; requests the Supervisor of Elections, or
5 designee, to canvass all absentee ballots on behalf of the City and to publish the
6 required legal notices with regard to these two (2) actions; and requests and designates
7 the Supervisor of Elections, or designee, to canvass the municipal election, along with
8 the City's Canvassing Board, and to certify the results to the City of Palm Beach
9 Gardens with respect to the March 12, 2013, municipal election and the March 26,
10 2013, run-off election, if applicable.
11
12 SECTION 3. The City Clerk of the City of Palm Beach Gardens is hereby
13 authorized to send a copy of this Resolution to Susan Bucher, Supervisor of Elections,
14 and to do all things necessary to ensure the City's municipal election is properly
15 conducted.
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Resolution 1, 2013
PASSED AND ADOPTED this __ day of ________ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
--~~--~~-------------------Robert G. Premuroso, Vice 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
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 1 2013-appoint SOE to canvassing board resolution.doc
Page 3 of 3
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Resolution 3, 2013
Subject/Agenda Item: Granting Two (2) Temporary Construction Easements to Palm
Beach County for the Burns Road and Military Trail Intersection Improvements.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.:
Advertised:
Date:
Allan Owens
Paper:
[X] Not Required
Submitted by:
J.E. '
Deputy City Manager
Affected parties
~------~
Approved by: [X] Notified
_[.1 Not required
Costs: $ .:...:N:.:..:;/A~-
(Total)
$ N/A
Current FY
Funding Source:
] Operating
] Other
Contract/Agreement:
Effective Date:
Januarv 10. 2013
Expiration Date:
Januarv 9. 2016
Budget Acct.#: N/A
Council Action:
[ ] Approved
[ ] Approved w/
Conditions
] Denied
] Continued to:
Attachments:
• Resolution 3, 2013
-Exhibit "A"
Meeting Date: January 10, 2013
Resolution 3, 2013
Page 2 of2
BACKGROUND: Palm Beach County is required to widen Military Trail in accordance
with Town of Jupiter Resolution 60-07 for the Abacoa Development of Regional Impact.
As part of the widening project, Palm Beach County will also be adding a southbound
left-turn lane from Military Trail onto Burns Road.
On March 4, 2010, City Council approved Resolution 8, 2010 granting two (2)
Temporary Construction Easements to Palm Beach County in order to accommodate
the new turn lane. Such easements are scheduled to expire on March 3, 2013. Due to
delays in construction, Palm Beach County anticipates construction to begin during
Spring 2013 and will continue for approximately one (1) year. Therefore, Palm Beach
County is requesting new Temporary Construction Easements to extend the period
needed to complete the improvements. These temporary construction easements shall
automatically become null and void upon completion of construction by Palm Beach
County.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 3, 2013 as
presented.
1 RESOLUTION 3, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA AUTHORIZING THE VICE MAYOR
6 TO EXECUTE TWO (2) TEMPORARY CONSTRUCTION
7 EASEMENTS WHICH GRANT LIMITED EASEMENTS OVER CITY-
8 OWNED PROPERTY TO PALM BEACH COUNTY IN ORDER TO
9 FACILITATE THE WIDENING OF MILITARY TRAIL NECESSARY
10 TO ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT -TURN
11 LANE ONTO BURNS ROAD; PROVIDING AN EFFECTIVE DATE;
12 AND FOR OTHER PURPOSES.
13
14
15 WHEREAS, Palm Beach County is required to widen Military Trail in accordance
16 with Town of Jupiter Resolution 60-07 as part of the Abacoa Development of Regional
17 Impact; and
18
19 WHEREAS, traffic studies indicated the need for a second southbound left-turn
20 lane from Military Trail onto Burns Road; and
21
22 WHEREAS, on March 4, 2010, the City of Palm Beach Gardens granted two (2)
23 Temporary Construction Easements via Resolution 8, 2010 to carry out the proposed
24 intersection improvements; however, such Easements expire on March 3, 2013; and
25
26 WHEREAS, due to construction delays, Palm Beach County is requesting two (2)
27 new Temporary Construction Easements to extend the period needed to complete the
28 improvements; and
29
30 WHEREAS, these temporary construction easements shall automatically
31 become null and void upon completion of construction by Palm Beach County; and
32
33 WHEREAS, such Temporary Construction Easements have been prepared and
34 are attached hereto as Exhibit "A"; and
35
36 WHEREAS, the City Council deems approval of this Resolution 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
42 OF PALM BEACH GARDENS, FLORIDA that:
43
44 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
45
46
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Resolution 3, 2013
SECTION 2. The City Council of the City of Palm Beach Gardens authorizes and
directs the Vice Mayor to execute two (2) Temporary Construction Easements, which
grant temporary limited easements over City-owned property to Palm Beach County.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
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Resolution 3, 2013
PASSED AND ADOPTED this __ day of ________ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: -----------------------------Robert G. Premuroso, Vice 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
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\resolution 3 2012 -granting temp canst easement to pbc.doc
Page 3 of 3
Resolution 3, 2013
EXHIBIT "A"
Return to: Palm Beach County
Name: R/W Acquisition section
Post office Box 21229
Address: west Palm Beach, Florida 33416
Attn: Richard A. Graddock
Acct. No.: 1010 W/C BOX 1066
This Instrument Prepared by:
Name: Paul F. King
Assistant county Attorney
Post office Box 21229
Address: west Palm Beach, Florida 33416
'
NOT TO BE RECORDED
WITHOUT BOARD OF COUNTY
COMMISSIONERS ACCEPTANCE DATE
PCN: SPACE ABOVE THIS LINE FOR PROCESSING DATA
PROJECT NO. 2007102
ROAD NAME: Burns Road & M1l1tary Tral I
PARCEL NO. 401
TEMPORARY CONSTRUCTION EASEMENT
THIS GRANT OF EASEMENT is made this day of , 2013, by the CITY OF PALM BEACH
GARDENS, FLORIDA, a municipal corporation of the State of Florida, whose post office address is 10500
North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter called Grantor, to PALM BEACH
COUNTY, a political subdivision of the State of Florida, whose post office address is P.O. Box 21229,
west Palm Beach, Florida 33416, hereinafter called Grantee.
WITNESSETH: That the Grantor, being the owner of certain real property, lying situate in Palm Beach
county, Florida, more particularly described in Exhibit "A" attached hereto and made a part hereof
("Temporary construction Easement Parcel"), for and in consideration of the sum of ONE ($1. 00) DOLLAR
and other valuable considerations, receipt of which is hereby acknowledged, hereby grants unto Grantee,
its successors and assigns, a non-exclusive temporary construction easement, for ingress, e9ress, over,
upon, under, through and across the temporary construction easement parcel. Upon the Exp1ration Date
(as defined below), Grantee shall remove all debris thereon and repair and restore the Temporary
Construction Easement Parcel to a condition which is equal to or better than the condition which existed
prior to the commencement of the subject construction project.
THIS TEMPORARY CONSTRUCTION EASEMENT, as described herein, is granted for the purpose of tying in,
harmonizing, constructing, grading, improving, reconstructing, and inspecting the road project as shown
on the initial or final plans for project number 2007102. This Temporary construction Easement shall
commence upon the date of execution by the Grantor and shall automatically expire ("Expiration Date")
upon the sooner to occur of the following events: (a) the completion of project number 2007102 and the
issuance of a certificate of completion; or (b) within three (3) years of the date of execution. The
Temporary Construction Easement set forth above shall automati call y terminate as set forth in this
paragraph; provided, however, the Grantee agrees, upon the request of Grantor, to execute such documents
reasonably necessary to acknowledge the automatic termination of the Temporary construction Easement.
TO HAVE AND TO HOLD THE SAME unto the Grantor, its successors, and assigns.
IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above
written.
si9ned, sealed, and delivered in the presence of:
(Slgnature of two witnesses required by Florida law)
WITNESS signature (Requlred)
TYPED OR PRINTED NAME OF WITNESS
WITNESS SIGNATURE (Required)
TYPED OR PRINTED NAME OF WITNESS
STATE OF ______________________________ __
COUNTY OF ____________________________ ___
SIGNATURE OF GRANTOR
Robert G. Premuroso, vice-Mayor
city of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
MAILING ADDRESS
BEFORE ME, the undersigned authority, personally appeared __________________ ~--~--~-----
------~~~--------------~--~----~--~-------------------------------who is I personally known to me or who has produced
identification and who did/did not take an oath, executed the foregoing instrument.
WITNESS my hand and official seal this _______ day of ______________________ , 2013.
signed:
are
as
.i' •
PARCEL401
(TEMPORARY CONSTRUCTION EASEMENT)
NOTES
PROOUCllONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH ntE EMBOSSED SEAL OF
SURVEYOR INHOSE NAME APPEARS liEl.OW.
/NGS SHOWN ARE ASSUMED WJTH THE E-W 114 SECTION UNE OF SECTION 12 BEARING ,~. 04"£
· 3. \, D DESCRIPTION SHOWN HEREON WAS PREPARED BY TI1E SURVEYOR
4. "' NOT A SURVEY
5. TIONS; P.O.B. =POINT OF BEGINNING; RIW =RIGHT-OF-WAY; BDY. =BOUNDARY; STA =
ST TION: O.R.B. = OfFICIAL RECORDS BOOK; P.B. =PLAT BOOK; PG. =PAGE; P.O.C. =POINT OF
C~EMEHT · 't-?rQ\
\":dj
\';~
\<(?~\ DESCRIPTION:~~
A PORTION OF BURNS RO~ COMMUNITY CENTER CAMPUS ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 104, PAG~AND 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIB~ ~cfOLLOWS:
COMMENCING AT SOUTHVVES'f~RNER OF SAID PLAT; THENCE N01"33'25"E, ALONG THE \NEST BOUNDARY OF
SAID PLAT AND ALONG THE ~...'I~J.~HT-OF-WAY LINE OF MILITARY TRAIL (STATE ROAD 809), A DISTANCE OF
8.65 FEET; THENCE S88"26'35"E, ·~g· ~ e.ET· TO THE POINT OF BEGINNING; THENCE N02"37'56"E, 102.85 FEET TO A
POINT ON SAID WEST BOUNDAR-r"<Afi .. T RIGHT-OF-WAY LINE; THENCE N15"03'10"E, ALONG SAID 'NEST
BOUNDARY AND RIGHT -OF-WAY ll (1~i-~ FEET; THENCE N16"04'03"E, 40.37 FEET; THENCE N02"38'36"E, 346.05
FEET; THENCE N46°51'04"E, 50.01 . <~ENCE S88°39'33"E, 105.13 FEET; THENCE S89°47'16"E, 190.16 FEET;
THENCE S88"30'04"E, 34.88 FEET TO Ai~ ON THE EXISTING RIGHT-oF-WAY UNE OF BURNS ROAD; THENCE
S01"22'01"W, 1.00 FEET; THENCE N89"41f13~41.64 FEET; THENCE N89"09'59'W, 87.47 FEET; THENCE
S46"51'04'W, 48.15 FEET; THENCE S02"31'41'W, 345.25 FEET; THENCE S1S004'03'W, 51.65 FEET; THENCE
S02.37'56"W, 20.42 FEET; THENCE S88~~!~~; THENCE S01.33'25"W, 28.00 FEET; THENCE N88~6'35"W,
8.46 FEET; THENCE S02°37'56"W, 55.01 rcc, ;7~~E N88"26'35"W, 2.50 FEET TO THE POINT OF BEG1NNING.
I I ; I \~./'· ...
SAID LAND L YfNG IN THE CITY OF PALM BEA~DENS, PALM BEACH COUNTY, FLORIDA, AND CONTAINING
2,140 SQUARE FEET (0.05 ACRES), MORE OR -t'i~~
~~
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION
ON JULY 1, 2009.
~~l-H-ae/
KATHLEEN L HAll, P.L.S.
FLORIDA REGISTRATION NO. 4103
KATHLEEN L. HALL LAND . SURVEYING, INC.
5499 N. FEDERAL HIGHWAY, SUITE N
BOCA RATON, Fl. 33487
TEL(561) 443-0426 FAX.(561) 443-0429
FLORIDA L.B. 16555
Book24270/Page1601
REV.: 8/lt/09
DATE: 7/l/09
SHEET 1 OF 5
JOB NO.: 2781
A IT ACHMENT 3
EXHlBIT '·A" PAGE I OF 5
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TEL{561) 4-43-0426 FAX.(561) 443-0429
FLORIDA LB. 16555
Book24270/Page1605
SCALE: t" = 30'
SHEET 5 Of 5
A 1T ACHMENT 3
EXHIBIT "A" PAGE 5 OF 5
Page 6 of6
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Resolution 5, 2013
Subject/Agenda Item: Approving an lnterlocal Agreement with Palm Beach County Board
of County Commissioners providing the City with four (4) CPR Compression Devices
through an Emergency Medical Services Grant.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.:
Fire Rescue
Advertised: NA
· istrator
Date:
Paper:
[ x 1 Not Required
Submitted by:
Affected parties
~---------~
Approved by: [ 1 Notified
Costs:
$ __ 0---:------:--:-:--
(Total)
$ __ -=-:c--
Current FY
Funding Source:
[ 1 Operating
[x 1 Other
Contract/Agreement:
Effective Date:
Expiration Date:
Budget Acct.#:
Council Action:
1 Approved
1 Approved w/
Conditions
1 Denied
1 Continued to:
Attachments:
• Resolution 5, 2013
-Exhibit "A":
lnterlocal
Agreement
Meeting Date: January 10, 2013
Resolution 5, 2013
Page 2 of2
BACKGROUND: The Palm Beach County Board of County Commissioners receives
funds to purchase equipment every year from the Florida Department of Health, Bureau of
Emergency Medical Services through the Emergency Medical Services Trust Fund to
distribute to EMS providers within Palm Beach County. This year agencies will receive
CPR compression devices of which Palm Beach Gardens Fire Rescue will receive four (4).
STAFF RECOMMENDATION: Staff recommends approval of Resolution 5, 2013 as
presented.
1 RESOLUTION 5, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
6 AGREEMENT WITH THE PALM BEACH COUNTY BOARD OF
7 COUNTY COMMISSIONERS TO RECEIVE FOUR (4) CPR
8 COMPRESSION DEVICES THROUGH A COUNTY EMERGENCY
9 MEDICAL SERVICES (EMS) GRANT AWARD FROM THE FLORIDA
10 DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL
11 SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
12 PURPOSES.
13
14
15 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
16 Cooperation Act of 1969," authorizes local governments to make the most efficient use
17 of their powers by enabling them to cooperate with other localities on a basis of mutual
18 advantage and thereby provide services and facilities that will harmonize geographic,
19 economic, population, and other factors influencing the needs and development of local
20 communities; and
21
22 WHEREAS, the City of Palm Beach Gardens Fire Rescue Department is the sole
23 provider of Advanced Life Support Services within the City of Palm Beach Gardens; and
24
25 WHEREAS, the Palm Beach County Board of County Commissioners receives
26 funds every year from the Emergency Medical Services Trust Fund to distribute to pre-
27 hospital EMS providers within Palm Beach County; and
28
29 WHEREAS, as part of the EMS Grant Award, the County will distribute to Palm
30 Beach Gardens Fire Rescue four (4) CPR compression devices; and
31
32 WHEREAS, to receive this equipment from the County, it is necessary to enter
33 into an lnterlocal Agreement, which Agreement is attached hereto as Exhibit "A"; and
34
35 WHEREAS, the City Council deems approval of this Resolution to be in the best
36 interests of the health, safety, and welfare of the residents and citizens of the City of
37 Palm Beach Gardens and the public at large.
38
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
41 OF PALM BEACH GARDENS, FLORIDA that:
42
43 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
44
45
46
Page 1 of 3
Resolution 5, 2013
1 SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves
2 the lnterlocal Agreement with the Palm Beach County Board of County Commissioners to
3 receive four (4) CPR compression devices through the County's EMS Grant Award
4 program, and authorizes the Vice Mayor to execute such lnterlocal Agreement.
5
6 SECTION 3. This Resolution shall become effective immediately upon adoption.
7
8
9
1 0 (The remainder of this page intentionally left blank)
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Resolution 5, 2013
PASSED AND ADOPTED this __ day of ________ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: -------------------------------Robert G. Premuroso, Vice Mayor
ATTEST:
BY: -------------------------Patricia Snider, CMC, City Clerk
APPROVEDASTOFORMAND
LEGAL SUFFICIENCY
BY: -------------------------R. Max Lohman, City Attorney
VOTE: AYE NAY ABSENT
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 5, 2013-pbc interlocal agmt for cpr compression devices.doc
Page 3 of 3
Resolution 5, 2013
EXHIBIT "A"
INTERLOCAL ARGEEMENT FOR THE DISTRIBUTION OF EMERGENCY
MEDICAL SERVICES GRANT EQUIPMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS
THIS INTERLOCAL AGREEMENT ("Intedocal Agreement" or "Agreement") is made as of
the_ day of , 20_ by and between the Board of County Commissioners, Palm
Beach County, a political subdivision of the State of Florida (herein referred to as COUNTY),
and the City of Palm Beach Gardens a municipal corporation of the State of Florida (herein
referred to as the CITY), each one constituting a public entity as defined in Part I of Chapter 163,
Florida Statutes.
WITNESSE1H
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969" authorizes local governments to make the most efficient use of their powers by enabling
them ·to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to
enter into interlocal agreements with each other to jointly exercise any power, privilege, or
authority which such agencies share in common and which each might exercise separately; and
WHEREAS, The Department of Health, Bureau of Emergency Medical Services (DO HEMS) is
authorized by Chapter 401, Part II, Florida Statutes, to dispense grant funds. Forty-five percent
(45%) of these funds are made available to the 67 Boards of County Commissioners (BCCs)
throughout the State to improve and expand pre-hospital Emergency Medical Services (EMS) in
their county; and
WHEREAS, DOHEMS County grants are only awarded to Boards of County Commissioners
(BCC), however, each BCC is encouraged to assess its countywide EMS needs and establish
priorities before submitting a grant application. The assessment should be coordinated with area
EMS councils, when available; and
WHEREAS, the COUNTY agrees to provide the CITY with four (4) Cardiac Compression
Devices ("EQUIPMENT") from its EMS grant funds, and the CITY desires to accept said
EQUIPMENT, under the terms and conditions ofthis Interlocal Agreement and the EMS grant.
Now, therefore, in consideration of the mutual promises contained herein, COUNTY and CITY
agree as follows:
ARTICLE 1 RECITALS
The above recitals are true, correct and incorporated herein.
ARTICLE 2-GRANT PROGRAM REQUIREMENTS
CITY AGREES TO:
A. Assume all liability and responsibility for the proper use, care and maintenance
(including personnel training) of the EQUIPMENT received pursuant to this Inter-
Page 1 of7
----------------------------------------,
local Agreement, pursuant to all applicable governmental laws and regulations, for
the entire life of the EQUIPMENT. This assumption of liability and responsibility
shall apply whether or not the EQUIPMENT is covered by any manufacturers or
other warranty.
B. Comply with general requirements, and conditions of the Florida EMS County Grant
Program.
C. Immediately return the equipment to the COUNTY, should the CITY cease to operate
its pre-hospital emergency medical services during the life of the equipment.
D. Submit a training report to the COUNTY'S Division of Emergency Management to
include a sign in sheet, date, title and contact number of the persons trained for the
equipment within 90 days of the effective date of this agreement. This report shall
include all of the necessary training provided for the equipment and will be the
responsibility of the CITY accepting the EQUIPMENT to provide the training.
CITY'S failure to satisfactorily complete the training in the time frame provided shall
constitute a breach of contract. As such, COUNTY may terminate this Agreement and
demand return of the EQUIPMENT.
COUNTY AGREES TO:
Provide the CITY with four (4) Cardiac Compression Devices from its FY2012-2013
EMS grant funds.
ARTICLE 3-REPRESENTATIVE/MONITORING POSITION
The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be
Sally Waite, whose telephone number is (561) 712-6484.
The CITY'S representative/contact monitor during the term of the Agreement shall be
EMS ChiefKieth Bryer whose telephone number is (561) 799-4312.
ARTICLE 4-LIABILITYIIDEMINIFICATION
Each party to this Interlocal Agreement shall be liable for its own actions and negligence. To the
extent permitted by law, and without waiving sovereign immunity beyond the limits set forth at
Sec. 768.28, Florida Statutes, the CITY agrees to indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out of the CITY'S use, care and
maintenance of the EQUIPMENT.
ARTICLE 5-FILING
A copy of this Interlocal Agreement will be filed with the Clerk of Circuit Court in and for Palm
Beach County.
ARTICLE 6-FUNDING OBLIGATION
That the COUNTY'S obligation under this agreement is limited to the provlSlon of the
EQUIPMENT to the CITY, from its FY2012-2013 grant funds. On-going costs for EMS,
maintenance and replacement of the equipment will not be funded under this grant program or by
the COUNTY. These costs remain the responsibility ofthe CITY. The COUNTY shall have no
further obligation to the CITY, or any other person or entity.
Page 2 of7
-------------------------------
ARTICLE 7-INSURANCE
CITY shall, at its sole expense, agree to maintain in full force and effect at all times during the
life of this Contract, insurance coverage and limits (including endorsements), as described
herein. CITY shall agree to provide the COUNTY with at least ten (1 0) day prior notice of any
cancellation, non-renewal or material change to the insurance coverage. The requirements
contained herein, as well as COUNTY'S review or acceptance of insurance maintained by CITY
are not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by CITY under the contract.
The CITY agrees to maintain or acknowledges to be self-insured for Worker's Compensation &
Employer's Liability insurance.
The CITY shall agree to maintain or acknowledge to be self-insured for auto physical damage
on an actual cash value basis. CITY shall agree to be fully responsible for any deductible or self-
insured retention provided the damages were not caused by nor contributed by COUNTY. The
CITY shall endorse the COUNTY as a Loss Payee for auto physical damage on fire rescue
rolling stock acquired with COUNTY matching funds during the life of this Interlocal
Agreement.
The CITY agrees its general liability, automobile liability, and physical damage insurance shall
be primary as respects to any coverage afforded to or maintained by COUNTY.
When requested, the CITY shall agree to provide a Certificate of Insurance evidencing self
insurance and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable
coverage for the above mentioned coverage's.
PROFESSIONAL LIABILITY:
CITY shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability,
at a limit of liability not less than $500,000 Per Occurrence. When a self-insured retention (SIR)
or deductible exceeds $10,000, the County reserves the right, but not the obligation, to review
and request a copy of CITY'S most recent annual report or audited financial statement. For
policies written on a "Claims-Made" basis, CITY warrants the Retroactive Date equals or
precedes the effective date of this Interlocal Agre~ment. In the event the policy is canceled, non-
renewed, switched to an Occurrence Form, retroactive date advanced; or any other event
triggering the right to purchase a Supplemental Extended Reporting Period ( SERP) during the
life of this Interlocal Agreement, ,CITY shall agree to purchase a SERP with a minimum
reporting period not less than two (2) years. The requirement to purchase a SERP shall not
relieve CITY of the obligation to provide replacement coverage.
ARTICLE 8 -SUCCESSORS AND ASSIGNS
The COUNTY and the CITY each binds itself and its partners, successors, executors,
administrators and assigns to the other party and to the partners, successors, executors, .
administrators and assigns of such other party, in respect to all covenants of this Interlocal
Agreement. Except as above, neither the COUNTY nor the CITY shall assign, sublet, convey or
transfer its interest in this Interlocal Agreement without the prior written consent of the. other.
Nothing herein shall be construed as creating any personal liability on the part of any officer or
Page 3 of7
agent of the COUNTY, nor shall it be construed as giving any rights or benefits hereunder to
anyone other than the COUNTY and the CITY.
ARTICLE 9 -REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any legal
action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No
single or partial exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
No provision of this Contract is intended to, or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this Contract, including
but not limited to any citizen or employees of the COUNTY and/or the CITY.
ARTICLE10-ARREARS
The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for
any Interlocal Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The
CITY further warrants and represents that it has no obligation or indebtedness that would impair
its ability to fulfill the terms of this Interlocal Agreement.
ARTICLE 11 -INDEPENDENT CONTRACTOR RELATIONSHIP
The CITY is, and shall be, under this Interlocal Agreement, an Independent Contractor, and not
an employee, agent, or servant of the COUNTY. The CITY shall have direct supervision and
control over its employees. In all aspects the CITY'S relationship and the relationship of its
employees to the COUNTY shall be that of an Independent Contractor and not as employees or
agents ofthe COUNTY.
The CITY does not have the power or authority to bind the COUNTY in any promise, agreement
or representation.
ARTICLE 12 -CONTINGENT FEES
The CITY warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the CITY to solicit or secure this Interlocal Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for the CITY, any fee, commission, percentage,
gift, or any other consideration contingent upon or resulting from the award or making of this
Interlocal Agreement.
ARTICLE 13-ACCESS AND AUDITS
The COUNTY shall have access to such books, records, and documents as required in this
section for the purpose of inspection or audit during normal business hours, at the CITY'S place
of business.
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code, Section 2-421 -2-440, as may be amended. The Inspector General's authority includes
but is not limited to the power to review past, present and proposed County contracts,
Page 4 of7
transactions, accounts and records, to require the production of records, and to audit, investigate,
monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in
order to ensure compliance with contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be in violation of Palm Beach County Code, Section 2-421 -2-440, and punished pursuant
to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
ARTICLE 14-NONDISCRIMINATION
The CITY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, familial status, sexual orientation, gender identity and expression.
ARTICLE 15-AUTHORITY TO PRACTICE
The CITY hereby represents and warrants that it has and will continue to maintain all licenses
and approvals required conducting its business, and that it will at all times conduct its business
activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the
COUNTY's representative upon request.
ARTICLE 16-SEVERABILITY
If any term or provision of this Inter local Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Interlocal Agreement, or the application of such terms or provision, to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to
the extent permitted by law.
ARTICLE 17_-PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this contract or performing any work in
furtherance hereof, the CITY certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133(3) (a).
ARTICLE 18 -NOTICE
All notices required in this lnterlocal Agreement shall be sent by certified mail, return receipt
requested, hand delivery or other delivery service requiring signed acceptance. If sent to the
COUNTY, notices shall be addressed to:
With copy to:
Sally Waite, EMS Manager
20 South Military Trail
West Palm Beach, FL
Palm Beach County Attorney's Office
301 North Olive Ave.
West Palm Beach, Florida 33405
Page 5 of7
If sent to the CITY, notices shall be addressed to:
ARTICLE 19-ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CITY agree that this Interlocal Agreement sets forth the entire Interlocal
Agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Interlocal
Agreement may be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto.
ARTICLE 20-REGULATIONS; LICENSING REQUIREMENTS
The CITY shall comply with all laws, ordinances and regulations applicable to the services
contemplated herein, to include those applicable to conflict of interest and collusion. CITY is
presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations
that may in any way affect the services offered.
ARTICLE 21-EXPIRATION OF INTERLOCAL AGREEMENT
This Interlocal Agreement shall automatically expire upon the expiration of the life of the
laryngoscopes. The CITY shall notify the COUNTY at such time as the useful life of each of the
EQUIPMENT has expired. At such time, the CITY may dispose of said EQUIPMENT as
surplus property with no further municipal purpose.
ARTICLE 22-EFFECTIVE DATE
This Interlocal Agreement is expressly contingent upon the approval of the Palm Beach County
Board of County Commissioners, and shall become effective only when signed by both
COUNTY and CITY.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 6 of7
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Inter local Agreement on behalf of the COUNTY and CITY
has hereunto set its hand the day and year above written.
PALM BEACH COUNTY CITY OF PALM BEACH GARDENS
BOARD OF COUNTY COMMISSIONERS
By: ______________________ __
Vincent J. Bonvento
Director of Public Safety
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
Division Director
By: ______________________ __
City Representative
APPROVED AS TO TERMS
AND CONDITIONS
City Representative
Page 7 of7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Resolution 6, 2013
Subject/Agenda Item: Approving the renewal of the Memorandum of Agreement for
Participating Agencies by and between the City of Miami and the City of Palm Beach
Gardens for participation in the Federal Urban Search and Rescue Task Force.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Allan Owens
Submitted by:
Department Director
Peter T. Bergel
Fire Chief
Originating Dept.:
Fire Rescue
Advertised: NA
Paper:
[ x 1 Not Required
Affected parties
~--------------~
Approved by: 1 Notified
/'
Costs: $_~0 __ _
(Total)
$ 0
Current FY
Funding Source:
[ 1 Operating
[x 1 Other
Contract/Agreement:
Effective Date:
January 10, 2013
Expiration Date:
N/A
Budget Acct.#:
Council Action:
1 Approved
1 Approved w/
Conditions
1 Denied
1 Continued to:
Attachments:
• Resolution 6, 2013
-Exhibit "A":
Memorandum of
Understanding
Meeting Date: January 10, 2013
Resolution 6, 2013
Page 2 of2
BACKGROUND: This is a renewal for the Memorandum of Agreement for Participating
Agencies between the City of Miami and the City of. Palm Beach Gardens, which has been
in effect since 2004. The Agreement covers the City's participation in the Federal Urban
Search and Rescue Task Force Two (FL TF2) operating out of the Miami Fire Department.
FL TF2 is one of twenty-eight (28) teams nationwide that are funded through the
Department of Homeland Security, Federal Emergency Management Agency (FEMA) to
provide search and rescue operations in the event of natural or man-made disasters.
Deployments of these teams are generally domestic in nature, but in some rare cases may
be international.
The Memorandum of Agreement for Participating Agencies between the City of Miami and
the City of Palm Beach Gardens provides a mechanism for the City to seek reimbursement
for personnel participation when the team is deployed. This reimbursement not only covers
the cost of the participating members but the cost of hiring overtime replacements during
deployment as well.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 6, 2013 as
presented.
1 RESOLUTION 6, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING THE MEMORANDUM
6 OF AGREEMENT BY AND BETWEEN THE CITY OF MIAMI,
7 FLORIDA AND THE CITY OF PALM BEACH GARDENS, FLORIDA
8 THROUGH THE CITY OF MIAMI'S FIRE RESCUE DEPARTMENT,
9 AS THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2 OF
10 THE NATIONAL URBAN SEARCH AND RESCUE (USAR)
11 RESPONSE SYSTEM AND THE CITY OF PALM BEACH GARDENS'
12 FIRE RESCUE DEPARTMENT AS A PARTICIPATING AGENCY OF
13 THE TASK FORCE; AUTHORIZING THE VICE MAYOR TO
14 EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE;
15 AND FOR OTHER PURPOSES.
16
17
18 WHEREAS, the City desires to assist in the provision of urban search and rescue
19 services by participating in the National Urban Search and Rescue (USAR) Task Force
20 2; and
21
22 WHEREAS, the City believes that such participation is in the best interests of the
23 public health, safety and welfare of the citizens and residents of the City of Palm Beach
24 Gardens; and
25
26 WHEREAS, all cost incurred by the City of Palm Beach Gardens Fire Rescue
27 related to training, activation, and deployment shall be reimbursed by the City of Miami;
28 and
29
30 WHEREAS, the City Council deems approval of this Resolution to be in the best
31 interests of the health, safety, and welfare of the residents and citizens of the City of
32 Palm Beach Gardens and the public at large.
33
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
36 OF PALM BEACH GARDENS, FLORIDA that:
37
38 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
39
40 SECTION 2. The City Council hereby approves the Memorandum of Agreement
41 for Participating Agencies and hereby authorizes the Vice Mayor to execute the
42 Memorandum of Agreement, which is attached hereto as Exhibit "A".
43
44 SECTION 3. This Resolution shall become effective immediately upon adoption.
45
46
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Resolution 6, 2013
PASSED AND ADOPTED this __ day of_--=--------' 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
-~~-~~----------Robert G. Premuroso, Vice Mayor
ATTEST:
BY: --------------Patricia Snider, CMC, City Clerk
APPROVEDASTOFORMAND
LEGAL SUFFICIENCY
BY:
------------~-R. Max Lohman, City Attorney
VOTE: AYE NAY ABSENT
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 6 2013-USAR agmt.docx
Page 2 of 2
Resolution 6, 2013
EXHIBIT "A"
Ftm\ Dmfl of Proposad SAIPA MOA Tomp\ala as of 0 1/22107;
lnchldas changas dlroclad al 01117107 UWG Mealbl!Jinlns V!ljJDS, NV
MEMORANDUM OF AGRE:EMENT
BtTWEEN
Glly Of Miami Fire Rescue
AS THE SPONSORING AGENCY
OF THE FLORIDA TASK FORCE 2
OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM
AND
( Pa\m firocn Gardens nre Acscu c
AS A PARTICIPATING AGENCY OF THE TASK FORCE
This "Agreement11 Is entered Into by and between the parties designated in Section 1,
b 'fl, w agree that subject to all of h r lsions of this Agreement,
[ lll tC as a Participating Agency for the Florida Task
Force 2 of the National Urban Search and Rescue Response System. Each party further agrees
that It assumes all of the duties and responsibilities assigned to that party under this Agreement
and that so long as this Agreement remains In effect, the party will fully perfonn all of those duties
and responsibilities.
1. PARTIES
The parties to this Agreement are the following entities:
1.1. City of Miami Fire Rescue:
1151 NW 7 Street 3r11 Floor Miami Florida 33136
(305) 416 5471
Participating Agenc~: r Palm ~atch Gard(JlS fiyr ip'cut: 1.2
Name: [ C-hl eJ PeA·tr &rgt I ] .
Address:[ 10500 N. Military 1hti l/ PalM ~etlch bttrdenf,ft 33
Telephone number: [ 5fJ 1-J q q -LfB 00
2. RECITALS
Sponsoring Agency and Participating Agency have entered Into this Agreement in
recognition of the following Recitals: ·
Finn! ornn ol Proposed SAIPA MOA Template oo ol 01122/07:
lndudeschanuas dlreclad at 01/17/07 UWG Moallug b!l.1S Vegns, NV
2,1 City of Miami Fire Rescue. Sponsoring Agency Is a cooperating party under a
''Memorandum of Agreement" dated 09-11-2008 with the Federal Emergency Management Agency
(
1FEMN') and the Stale of Florida. A copy of the Memorandum of Agreement (the "FEMA MOA") Is
attached to lhls Agreement as Appendix "Nand Incorporated by reference.
2.2 National Urban Search & Rescue Response System, Pursuant to federal law,
principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§
5121 through 5206 (the •stafford Act"), !he U.S. Department of Homeland Security ("DHS"}, acUng
through FEMA, operates the National Urban Search & Rescue Response System ("System") In
conjunction with State and local governments,
2.3 Task Forces. Each Sponsoring Agency Is responsible for recruiting and
organizing a Task Force consisting of individuals occupying certain specified poslHons plus
additional support personnel, all of whom have been properly trained with the requisite skills and
capabilities required for urban search and rescue operations and/or deployment of the Task Force.
A Task Force may be deployed as a single unit or It may be reorganized Into teams for purposes of
modularized responses for limited or specialized Activations. Members of a Task Force may also
be deployed as members of a management or other technical team.
2.4 Florida Task Force 2. The City of Miami Fire Rescue Is the Sponsoring Agency for
Florida Task Force 2 {the urask Force") and Is charged with, among other things, recruiting and
organizing members for the Task Force. In lhe performance of its responsibilities, the Sponsoring
Agency may enter into cooperative arrangements with federal, state, or local government entities,
or non-profit or for-profit entitles, to serve as Participating Agencies In the Task Force and with
individuals lo serve as Affiliated Personnel of the Task Force. The Sponsoring Agency is obligated
to enter into written agreements with those Participating Agencies and Affiliated Personnel setting
forth the relationship between the parties.
2.5 ParticipalingAgencv. r ?alm Hea.ch Gardms 9ire.~
desires to be a Participating Agency In the Task Force, subject to all of the provisions of this
Agreement.
2.6 Applicable Provisions. With respect to NaUonal Urban Search & Rescue
R~sponse System activities, this Agreement incorporates the provisions of Interim Final Rule,
"National Urban Search and Rescue Response System,• 70 Fed. Reg. Q182 (Feb. 24, 2005)
("Interim Final Rule"), attached as Appendix "B," as well as the provisions of the FEMA MOA,
attached as Appendix 11A." To the extent the Interim Final Rule is contrary to the FEMA MOA, the
Interim Final Rule will prevail. Upon the effective date of the Final Rule governing this subject
("Final Rule"), the Final Rule shall supersede the Interim Final Rule In Appendix "811 and shall
prevail over any contrary provisions of the lnlerlm Final Rule or the FEMA MOA.
2.7 Definitions of Terms. Capitalized words and phrases In this Agreement have the
same meaning as they do In the Interim Final Rule, unless or until superseded by the Final Rule.
Capitalized words and phrases not defined In the Interim Final Rule or the Final Rule have the
meaning given In this Agreement.
2
Fl!~1l Draft of Proposed SAIPA MOt\ Tomplato BS or Oil22/07i
lnc!udas dmogas d~ac!erl al 01/17107 UWG MeoUng In J..n.q Vogns, NV
3. AGREED TERMS AND CONDITIONS
3.1 Participating Agency.
3.1. 1 Participating Agency agrees to provide personnel to serve In certain
designated positions on the Task Fares as determined by Sponsoring Agency.
3.1 .2 Participating Agency further agrees that Participants will meet the required
quallflaatlons for the positions to be filled, will receive the required training specified In this
Agreement and will satisfy other conditions of preparedness and response as required by
the Sponsoring Agency.
3.1.3 The Parties will cooperate with each other so as to facilitate achievement
of the goals and objectives of the System as fully and completely as possible.
3.2 Third Party Liability and Workers' Compensation.
3.2. 1 Participating Agency and its Participants shall be afforded such coverage
for third party liability and workers' compensation as is afforded all Task Forces and their
System Members under Federal law, the scope of which is generally descrlbed In
Appendices 'Wand "B."
3.2.2 Except as afforded by the Federal Government, the responsibility for risks
associated with claims for third party liability and workers' compensation arising out of
participation ln the Task Force, either organizationally by the Participating Agency or
Individually by Its Participants, shall be the responsibility of Participating Agency and not
under any circumstances, the responsibility of Sponsoring Agency. At all limes,
Participating Agency shall maintain In full force and effect, and provided proof thereof, for
the benefit of Its Participants and its other employees engaged in System activities,
coverage for workers compensation and third party liability to the full extent required by
law.
3.3 Financial Provisions.
3.3.1 Preparedness Funds
3.3. 1.1 In Its sole discretion, Sponsoring Agency may dlstrtbute to
Participating Agency such preparedness grantfundlng.as Sponsoring
Agency shall be eligible to and does receive from FEMA. Any such
distributions shall be subject to the requirements of the preparedness
grants and the needs of the Task Force generally.
3.3.1.2 Any other funding received by Sponsoring Agency from sources
other than the federal government may also be made available as
Sponsoring Agency determines In its discretion. Sponsoring Agency shall
mal<e such dlstribuUons fairly and equitably taking Into account the
3
3.4
final Dmn of Propooed SNPA MOll Tcmp!nlo 011 of 01122107:
Includes changas dlroG!ed a! 01117/07 UWG MrleUflll In Las Vegas, NV
mission, goals and objectives of the Task Force and the needs of !he
Sponsoring Agency as compared to other proper needs and demands.
3.3.2 Response Funds
3.3.2. 1 Sponsoring Agency shall promptly reimburse Participating Agency
for response expenses that are authorized to be Incurred by or for the
benefit of Participants engaged in Task Force activities, upon recelvlng
reimbursement for such expenses from the federal government. Such
expenses must be properly asce1iained, accumulated and reported to the
Sponsoring Agency, and the funds to be utilized for payment must have
been reimbursed by or on behalf ofFEMA to Sponsoring Agency.
3,3,2.2 After an Activation, Partlclpatlng Agency shall provide Sponsoring
Agency with a complete cost reimbursement package to be submitted by
Sponsoring Agency as part of an overall claim package which Sponsoring
Agency is obliged to submit to FEMA. The Participating Agency's cost
reimbursement package shall be submitted to the Sponsoring· Agency
within 30 days after the end of the Personnel Rehabllitation Period
established by FEMA. Participating Agency's cost reimbursement .
package shall be prepared In conformance with applicable federal
directives which Sponsoring Agency shall disseminate to Participating
Agency.
3.3.2.3 Participating Agency shall provide Sponsoring Agency wlth
employee compensation information for i!s Participants at least annually,
or as changes occur In compensation rates payable to Participants. That
·information and other pertinent Participant data required by Sponsoring
Agency can be accessed at FLTF2.US.
3.3.2.4 To ensure proper reimbursement from FEMA, the compensation
of Participants on the Task Force shall be In accordance with pay
schedules and policies established by Appendix "8", from the time of
acHvatlon and until the Task Force returns, is deactivated and Participants
are returned to regular work schedules.
3.3.2.5 All financial commitments of Sponsoring Agency are subject to
the availability and receipt of funds by Sponsoring Agency from FEMA and ·
other sources.
3,3,2.6 Neither Partlclpa!lng Agency nor any Participant shall be
reimbursed for costs Incurred outside the scope of this Agreement.
Reporting And Record Keeping Requirements.
3.4.1 The Participating Agency shall provide the Sponsoring Agency with
requested team member records within ten business days.
4
I ,
Finn! Orofl o! Propo5ad SNPA MOA Tomplalo as ol Ol/22107;
lnclmlasclmngos dlrenlad ai01/17/07LIWG MeeUogln llls Vega3, NV
3.4.2 The Sponsoring Agency may Issue a Task Force Picture ldenl!flcatlon
Card to team members.
3.4.3 Participating Agency shall ensure that any medica! or other records and
Information that are afforded confldenlia!lty under applicable law are protected
from unauthorized disclosure.
3.4.4 Participating Agency shall provide prompt and accurate reporting as
specified In this Agreement.
3.5 Mandatory Minimum Requirements For Participation. Each Participant must
satiSfy all of the following for partlolpatlon on the Task Force.
3.5.1 Each Participant shall be an employee In good standing of the
Participating Agency. Entry-level employees who are probationary or In a similar
status are not eligible.
3:5.2 Each Participant shall be of good moral character and shall not have been ·
convicted of any felony or any other criminal offense involving moral turpitude,
3 .5.3 Participants setving In a Task Force position that requires the individual to
hold a license, registration, certificate or other similar authorization to lawfully
engage ln an activity must hold !he appropriate authorization, which must be
current and validly issued. A copy of each document Is required on file with the
sponsoring agency.
3.5.4 Subject to any applicable FEMA standards, each Participant must meet
the medical/fitness standards mutually agreed upon by Sponsoring Agency and
Participating Agency and not have any medical condition or disability that will
prevent performance of the duties of the Task Force poslfion he/she occupies.
3.5.5 · Each Participant must be available on short notice and be able to respond
on a mission for up to 14 days.
3.5.6 Each Participant must be capable of improvising and functioning for long
hours under adverse working conditions.
3.5.7 Each Participant must receive such inoculatio11s as are specified by the
Sponsoring Agency.
3.5.8 Each Participant must be aware of the slgns, symptoms and corrective
measures of Critlcallncldent Stress Syndrome.
3.5.9 Each Participant must understand and adhere to safe working practices
and procedures as required in the urban disaster environment.
5
final Draft of Propooed GAIPA MOA Templa!o as of 01/22107;
lnoludas changes !l~oclsd at 01/17/07 UWG Mealing hi las Vll!JaS, NV
3.5.1 0 Each Participant must have a working knowledge of the US&R System
and tl1e Task Force's organlzaliona! structure, operating procedures, safety
practices, terminology and communication protocols.
3.5.11 Each Participant must have completed such courses of educaUon and
training and other requirements as the Sponsoring Agency shall specify.
3.5.12 · Sponsoring Agency has authortty to Immediately suspend or terminate a
Partlc!panes partiolpatlon on the Task Force for fa!iure to satisfy any requirement
3.6 Clolhing and Equipment.
3.6.1 Sponsoring Agency will issue to each Participant certain items of personal
protective clothing and equipment for use In Task Force activities and operations.
In the event of Activation, Participant shall provide certain additional Items of
personal clothing and equlpmenl Items of clothing and equipment supplied by
Sponsoring Agency shall remain the property of Sponsoring Agency and shall be
returned promptly whenever a person ·ceases to be a Participant. It shall be the ·
responsibility of the participating agency to Insure !he return of all equipment
Issued. It shall he in serviceable condifion or the participating agency will
reimburse the task force for the cost of the equipment.
3.6.2 Subject to FEMA requirements, all unifonns will display !he official patch
of the Task Force and the official patch of the System, as specified by the
Sponsoring Agency. The Sponsoring Agency shall specify !he design of the
uniform and any identifying Insignia or markings.
3.7 Command, Control and Coordina!lon.
3,7, 1 When a Participant has been Activated or has otherwise been placed at
the direction, control and funding of FEMA, such as, for example, during
partlcipatlon in FEMA sponsored training, the ultimate authority for command,
control and coordination of the service of the Participant reposes with FEMA
exercised through the system chain of command. Subject to !he principle just
stated, the following provisions of this Section 3,7 govern the responsibilities of the
parties with respect to supervisory, disciplinary and other specified aspects of the
Participant's employment within the context of his/her participation on the Task
Force · ·
3. 7.2 Sponsoring Agency shall exercise direct supervisory authority over
Participants during Activations, deployments and other activities of the Tasl< Force
conducted by Sponsoring Agency, but for disciplinary purposes, that authority Is
limited to temporary suspension or permanent exclusion from participation. In all
other instances where disciplinary action may be necessa1y, Sponsoring Agency
shall report the pertinent circumstances to Pf'!rticlpatlng Agency, which shall
cooperate with Sponsoring Agency and shall administer discipline as appropriate
In accordance wl!h the PartlolpaHng Agency's established rules and regulations.
6
Fb1al 01'!111 of Proposed SAIPA MOA 'femplata os of 01122J07:
lndlldes cllllll!Jes d~ecled at Ol/17107 UWG MoeUog In las Vegas, NV
3, 7.3 Nothing in this Agreement Is intended to, nor does it, affect the employer~
employee relationship between Participating Agency and Its employees who are
Participants, and Participating Agency shall at all times continue to be fully
responsible for all of its employment obligations to Its employee Participants,
Including the compensation and benefits that the Participating Agency has agreed
to provide.
3.7.4 While partlclpatlng In System activities conducted by the Task Force,
Participants shall be subject to and observe and comply with all lawful orders and
directions of the authorized representatives of Sponsoring Agency and the Task
Force, Sponsoring Agency retains the right to suspend or exclude any Participant
from participation on the Task Force for causa including failure to abide by the
provisions of this Agreement
3.8 Media and Information Polley.
3.8. 1 Subject to applicable law, including FEMA regulations and dlrectlves, all
photographs and video taken during a deployment will be kept under the control of
Sponsoring Agency until use In Internal or external education programs or other
dissemination Is approved by FEMA.
3.8.2 All applicable federal, state, and local media policies will be strictly
enforced and followed.
3.8.3 Subject to applicable rules and regulations, Sponsoring Agency will have
the primary responsibility for coordination of media coverage and liaison with
media sources and representatives concerning activities of the Task Force.
Sponsoring Agency shall endeavor to expose all Participating Agencies to
favorable media coverage opportunities.
3.9 Rules of Conduct.
3,9, 1 All Participants will be expected to abide by the rules of conduct
established by FEMA and the Sponsoring Agency.
3.9.2 The failure of a Participant to abide by the rules of conduct constitutes
may result In suspension or exclusion from the Task Force under Section 3.7
above.
3.10 Preparedness Actlvttles.
3.10. 1 Sponsoring Agency shall conduct Task Force management,
administration, training, equipment procurement and other preparedness acllviHes
required by FEMA. Participating Agency and Its Participants shall cooperate with
Sponsoring Agency and shall participate In the activities as necessaty to achieve
Tasli Force preparedness goals and objectives.
7
Fbllll Drart ofProp!ll!lld SNPA MOA Templala as ofCl1/22Al7i
hlcludos ehangos dlroolad at 01/17/07 UWG Macl1t1g In Lns Vegas, NV
3.1 0.2 Participating agency cooperaHon may be required for specific training
activities to be conducted, respectively, by Sponsoring Agency and by
Patiiclpaling Agency, Including training, administration and reporting requirements.
3.10.3 As established by System directives but subject to the availabllfty of
federal funding, Sponsoring Agency shall procure and maintain required caches of
equipment and supplies. The contents of lhese caches shall be utilized for
deployments of the Task Force and, subject !o federal rules and regulations, will
be made available for training activities of Sponsoring Agency and Participating
Agency. Participants shall use Task Force cache equipment and supplies only for
authorized purposes and shall exercise reasonable care to protect and preserve
!he property against loss or damage. The Participating Agency shall be financially
accountable for any Task Force property that is lost or damaged due to negligence
or unaulholized use by the Participating Agency.
3. i 1 Notification Procedures and Other Communications.
3.11.1 Alerts arid Activation.
3.11.1.1 Sponsoring Agency's commander/chief executive officer or
his/her designee shall determine whether the Task Force is capable of
and will respond to AcUvation Orders.
3.11.1.2 Partlclpallng Agency shall maintain at all times a "Point of
Notification" for receipt of notices from Sponsoring Agency concerning
possible deployments of the Task Force. The Point of Notification shall
include 24-hour telephonic and electronic capabilities. Information
concerning the Participating Agency Point of Notification shall be set forth
In Appendix C.
3.11.1.3 Upon receipt of Alert or Activation Orders, Sponsoring Agency
shall give prompt telephonic or electronic notice to Participating Agency's
Point of Notification. The notice shall designate the Task Force positions
for which Participating Agency's Participants are being requisitioned, the
location of the assembly point, and to the extent known, the nature and
character of the Activation.
3.11. 1.4 Participating Agency shall at all times maintain H1e capability of
providing requls!Uoned Participants for participation on a deployment of
the Task Force.
3. 11.1 ,5 Upon receipt of an Activation Order for the Task Force,
Participating Agency shall cause the required Participants to respond to
the assembly point designated In the notice.
3.11.2 MobilizaUon.
8
. Anal Otelt ol Proposed SAIPA MOA Tnmplnta llll or 01/22/07:
Includes changes diroGlod at 01/17107 UWG Maallngln las Vou~J~, NV
3.11.2.1 All requisitioned Participants will respond to the designated
assembly point within two hours of notlflcation with all required personal
clothing and equipment and required documentation.
3.11.2.2 Participating Agency will select its Participants through a pre-
established selectlon system that ensures U1e requisition is promptly filled
with f'ully qualified Partlcipants.
3.11.2.3 Selected Participants will be subject to a pre-deployment
medical screening. Any Participant who falls the screening will not be
deployed.
3.11.2.4 Sponsoring Agency retains the sole right to determine which
Participating Agency personnel, If any, will respond with the Task Force
when Activated.
3.11 ,3 Oilier Communications. Sponsoring Agency will remain In contact with
Participating Agency through the weiJ based communication system if conditions
allow.
3,12 Critlcallncldent Stress Syndrome ("CISS") and Management.
3.12.1 Sponsoring Agency will have primary responsibility to provide ClSS
training, intervention and support, before, during and after activation.
3.12.2 Costs incurred for unauthorized CISS activities are not eligible for
reimbursement.
4. GENERAL PROVISIONS
4.1 . Effective Date. This Agreement shall be effective 1 AL-\ llP[~!te], and when it
has been duly and regularly authorized and executed by both parties.
1
4.2 Authority. As more specifically indicated above and below, this Agreement Is
made (a) pursuant to the provisions of the Interim Final Rule or the Final Rule; and (b) under the
authority of [State]law, In furtherance of the purposes of the National Urban Search and Rescue
Response System,
4.3 Contents of the Agreement. Upon Its execution, the Agreement consists of fuis
Agreement, along with the following Appendices and other attachments, If any:
4.3.1 f\ppendix "A"-The currently effective Memorandum of Agreement
between FEMA, the State of Florida, and Sponsoring Agency, by which City of
Miami Fire Rescue Is appointed as and has agreed to serve as Sponsoring
Agency for the T asli Force.
9
Fb1al Drnft or Proposed SAIPA MOA Tllllljlla!a 119 of 01122/07;
lncludS5 clmnges dlraclad nl 01/17/07 UWG Mae!lng In las Vegas, NV
4.3.2 Appendix '8"-The federal regulations published on February 24, 20051n
the Federal Register as the Interim Final Ru~ at Vol. 70, No. 36 1 pages 9182~
~a .
4.3 .3 Appendix uc•-Par!lclpaHng Agency's Point of Notification
4.4 Amendments and Termination.
4.4.1 Except as otherwise expressly provided, lhls Agreement may be modified
or amended only by another wrlllen agreement approved and executed by both parties,
and all such amendments will be altached to this Agreement.
4.4.2 Term and Termlnalion. The Agreement shall continue in effect unless and
until terminated as provided In this Agreement. The Agreement may be terminated by
either party upon 30 days writien notice, except that Participating Agency may no!
terminate this Agreement without the written consent of Sponsoring Agency during any
time Interval when lhe Task Force has been placed on Alert status or has been Activated If
the Alert or Activation affects Participants of the Participating Agency.· · ·
4.5 Miscellaneous Provisions.
4 .5.1 The obligations of the Participating Agency set forth In this Agreement are
non-delegable and may not be assigned fo or assumed by any other person
without the prior written consent of Sponsoring Agency.
4.5.2 Except and to the extent federal law controls, this Agreement shall be ·
construed and enforced, as between the parties, according to the laws of the Stale
of Florida.
4.5.3 No party shall engage In any conduct or activity In the performance of this
Agreement or partlclpatlon in the System that constitutes a conflict of interest
under applicable federal, state orlocallaw, rules and regulations.
4.5.4 Each party shall at all times observe and comply with all applicable
federal, slate and local laws, rules and regulations.
4.5.5 Except as provided otherwise with respect to emergency notlftcatlons, if it
Is necessary for the purposes of this Agreement for one of the named parties to
give notice to the other named party, notice shall be In writing with the expenses of
delivery or mailing fully prepaid and shall be delivered by personal service or a
form of public or private mall service requiring proof of delivery. Notice Is effective
upon personal delivery, or by mall service, on the date of either actual receipt or
five days after posting, whichever Is flrst. Unless changed in wtiting In accordance
with this Section, notice shall be served on the party at the address shown in
Sections 1.1 and 1.2 of this Agreement.
10
Rnal Draft ol ProjiOO!ld SAIPA MOA Temp!ala as nl 01122JG7;
lncltldes cllnnges directed at 01/17/07 LIWG M!lellng In Llls V!l!loo, NV
4.5.6 Titles and secllon headings are for convenience only and are not a part of
the parries' Agreement.
4.5.7 Should any provision of lhls Agreement be de!ennined to be invalid or
unenforceable under applicable law, the provision shall, to the extent required, be
severed fi·om the remainder of lhe Agreement which shall continue in full force a11d
effect.
4.5.8 This Agreement and Its provisions are binding upon and Inure to the
benefit of the parties and to their respective successors In Interest, provided,
however, this Agreement does not and will not bestow any rights or remedies upon
persons to whom an unlawful delegation or assignment has been made by
Participating Agency.
4.5.9 This Agreement Is made for the sole and exclusive benefrt of the named
parties and their lawful successors In Interest, and no other person or entltyis
Intended to, nor shall such other person or entity acquire or be entitled to receive
any rights or benefits as a !hird-party beneficiary of this Agreement.
4.5.1 0 Neither the United States of America or the Slate of Florida Is a party to
this Agreement.
4.5.11 Each person executing this Agreement represents that: he/she was and
Is lawfully authorized to sign the Agreement on behalf of the party he/she
represents; execution of the Agreement was duly and regularly authorized by the
party's governing body; and, to the person's best knowledge and belief the
Agreement Is a binding and enforceable obligation of the party on whose behalf
he/she acted.
4.5.12 Each party represents to the other: that the party has fully read and
understood all of the provisions of this Agreement Including the Appendices and
other attachments, if any; that the party has secured and considered such legal
advice and other expert counsel as the party deemed necessary and advisable for
these purposes; and, !hat in agreeing to execute and become a signatory to this
Agreement the party has deemed Itself adequately informed and advised as to all
of the risks assumed and obligations undertaken pursuant to this Agreement.
4.5.13 This Agreement, Including the Appendices and attachments, If any,
constitutes the entire agreement between the parties and It supersedes any prior
. agreements on this matter.
11
. ,,
Authorize a New Memorandum of Agreement ("MOA")for the Urban Searc};]. &
Rescue ("USAR") between the South Fl Task Force 2 (Sponsoring Agency)
and the US Department of Homeland Security, acting through FEMA the
State of Florida with each Current and Anticipated Participating Agencies
ATIEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
LU9.ilia.ej~~.J .
CITY OF MIAMI, FLORIDA; A f)Ut.Af/~/fL
fY)tiPDIUt-11 O>U
APPROVED AS TO I
REQUIRENMENT .
Calvin Ell's, Jirector Julie 0. Bru . ~
City Attorney
• ' 4
· r-: Department of Risk Management
a tai~ Joseph.Zahralban
Executive Asst. to the Fire Chief
city of Miami, Dept. of Fire-Rescue
Program Manager
Florida Task Force II
US D.ept. of Homeland Security
Final Draft of Proposed SA/PA MOA Template as of 01/22/07;
Includes changes directed at 01/17/07 LIWG Meeting in Las Vegas, NV
5. EXECUTION
This Agreement was executed by the parties on the dates shown below.
ATTEST:
Dwight S. Danie, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Julie 0. Bru
City Attorney
Maurice L. Kemp, Chief
Department of Fire-Rescue
The City of Miami, a municipal
Corporation of the State of Florida
Johnny Martinez, P.E., City Manager
Date: ---------------------
APPROVED AS TO INSURANCE
REQUIREMENTS:
Calvin Ellis, Director
Department of Risk Management
Joseph Zahralban, Assistant Fire Chief
Department of Emergency Management
USAR Program Manger
ATTEST:
Name:
Name:
Final Draft of Proposed SNPA MOA Template as of 01/22/07; ·
Includes changes directed at 01/17/07 LIWG Meeting in Las Vegas, NV
Participating Agency
By: ___________ _
Title: ____________ _
By: ___________ _
Title: ____________ _
APPROVED AS TO FORM
CORREC1NESS:
2
CURRENT AND ANTICIPATED PARTICIPATING AGENCIES
70TH AERIAL PORT SQUADRON
BAPTIST HEALTH SYSTEMS
BOCA RATON
~·----·------... -~~·-··----.-..... -.......... _ .. _._ ..... ~-··-.-.. ~ .. --·--·-····-"·""-·-'····-···----·-· .. -.. -~
BOYNTON BEACH
BROWARD SHERIFF'S OFFICE ·-··· ·---··~-···--·-.... --.--·----·----·-----.·-·----....... -·~··-............ , .....
COLUMBIA MEDICAL GENTER
COOPER CITY FIRE RESCUE
CORAL GABLES
CORAL SPRINGS
~ ~~~~~I~i~:~~~==~=~=--=.~-==~:=--==~~:=:=_-=: DEERFIELD BEACH
--·-·-----·--------.. ·--·-·--~--... ~····,_,,,. __ ,., _____ U __ .., ______ , __ ,,_,H
FT LAUDERDALE
GOLDEN BEACH POLICE DEPARTMENT i:iAi.IAi:iiiAI;;-aEAet·T-----·---····-·--·--··--···--·-····---.. -·----·
. HIALEAH
HOLLYWOOD
LAKELAND FIRE
·--·-----·-·--------------~. ---·--·--·-LAUDERDALE LAKES
MARGATE
MERCY HOSPITAL
MIAMI BEACH
-----------·----------------·------1
MIAMI-DADE -----·-----------------------·--·-··----------MIRAMAR ---------------------·---NORTH NAPLES _ .. ______________________________________ _
OAKLAND PARK
PALM BEACH COUNTY ---------------.. -·-·-·---·------·-----... PALM BEACH GARDENS
PASCO COUNTY
PEMBROKE PINES ---·---·---------------------------POMPANO BEACH -------------------------·-SUNRISE
TAMARAC
TAMPA
--~-------------~------·----·--·------------TEMPLE TERRACE
VILLAGE OF KEY BISCAYNE
WEST PALM BEACH
UMJJMH PEDIATRICS
---·
l,'"'""'"'""'-·-· .. ·-·----------··-·-·--··-·-·-·-----------.. ---------.. -·---····"""'--·--
City of Miami
Master· Report
City Hnll
:JSOO l'nn Amarimu1 D1·ivo
Mlnml, f\'LJJIJJ
WIVIV.mhullluuv,uom
FJI(d0 #: 08-009BO Enaclrnent Data: 9/11/0B
Vorslon: Controlling Cl!y Commission
~ody:
Status: Mnyoi'B omoo lbr
SlgliO!I!~
Titre: A ltESOLUT!ON OP THB MIAMJ CITY COMMISSION, WITH AT'fACHMENT(S}, AUTH01UZINO
Tl·ill Cll'Y MANAOBR TO NBOOT!Aill AND '1'0 IDC!lCUTI3, SUBJBCT TO APPROVAL or LEGAL
J:lOll.M AND CORil.ECTNl3SS BY 'fflB CITY A'rfORNBY, A MBMORANDUM OF AOR.BBMBNT
("MOA") BBTWllllN 'rHB UNITED STA'fllS .DEPARTM'rlNT OF HOMELAND SECU R!;rY, ACTfNO
Tlfll.OUGH THB FBDBRAL BMBROilNCY MANAOI!MilNT AGENCY, THE STATE or FLORIDA, AND
11-IB CITY OF MIAMI DEPARTMBNT OF fiiR.B-RESCUB, THE SPONSORING AGENCY Ofl fl'LOlUDA
TASK PORC!l2; AUTHORJZINO THB CITY MANAGER TO NEGOTIATE AND TO EXECUTE ANY
I'UTURE AMENDMENTS TO THE MOA, SUBJECT TO THtl APPROVAL OP LBOAL (10R.M AND
CORlillCTNBSS BY THE CITY A:rTORNEY., AND BUDGETARY A~l'ROVAL AT 1'HB TIMB OF NBED.
Reference:
Name: NewMOA·"USAR"
Requester: Dcp~~r!ment of
E'lm·Rcsoue
Notes:
Sections:
Indexes:
Introduced: 8/18/08
Cost ' Final Action: 9/1 VDB
Attachments: 08-00980 l.oglslutlon.pdf, Ol!-00980 Exhlbl!.pdf, 08·00980 Sttmmnry Ptll'ln.pdf, 08-00980 LcUcr.pclF
Aotlon History
Vor. AoUng Body
Ol'lica oftlla Clly
Auornay
Pat.o
9/JIOK
Aetlof!
Rnvicwcd nml
Approved
City Commission 9/11/0H ADOI'TBD
s~ntTa Due Dale Retumod
A mt1Unu wns mudu by Augul Ount.tllu?, suuortdud by Maru Dnvld Snrnoff, lhnlthl3 mnllur bu ADOPTED. The motlun
um·rlod by ~~o following l'ola:
Ayu: 5-Ansel Om1~1\loz, Mnrc Duvld Sm11<1rt; .luu Suuuha~ Tomns Rcgulndo und !vllnlmllo Sponcu-Jonc~
Reuult
Cl!J• nrMinud l'~<n•t l'rlut"l un 9/15/lUO!
D ~i ·· I 3-:itr
File Numbe!'t 08-00980
City of Miami .
Legislation
Resolution
City Hall
3600 Pan Amarfoan
Drive
· Miami, FL 33133
www.mlamlgov.com
FluJil Ac!lnu Dole:
A.BES.OLUTION Of THE MIAMI CITY COMMISSION, WITH ATTACI-IMENT(S),
·AUTHOI11ZING THE CITY MANAGER {0 NEGOTIA IE AND TO EXECUTE, .
SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY
ATTORNEY, A MEMORANDUM OF AGREEMENT ("MON) BETWEEN THE
UNITED STATES DEPARTMENT OF HOMELAND SECURI'fY, ACTING
THROUGH TH~ FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE
OF FLORIDA, AND THE CITY OF MIAMI DEPARTMENT OF FIRE-RESCUE, THE
SPONSORING AGENCY OF FLORIDA TASK FO.RCE 2; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS
TO THE MOA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND
CORRECTNESS BY THE CITY ATIORNEY, AND BUDGETARY APPROVAL AT
THE TIME OF NEED.
WHEREAS, the South Florida Urban Search ahd Rescue ("USAR") Task Force, Florida Task ·
Force 2 ("FL TF 2") Is funded annually by the Federal Emergency Management Agency ("FEMA") for
the operation of Its program; and ·
WHEREAS, since 1989, lhe City of Mlami·("City") Department of Fire-Rescue has.succassfufly
'sponsored the existing South Florida USAR Task Force, FL TF 2 with sald funding; and
WHEREAS, pursuant to Resolution N~. 01-484, adopted May 24, 2001: ~nd Resolution No. 05-
021~, adopted Aprll14, 2005, the City Manager entered Into a Memorandum of Agreement (''MON)
. wllh partlcipa!lng agencies setting forth the agencies' responsibilities In connection with the
development and support of a looe.l USAR Task Fotce coordinated by the City's Department of
Fire-Rescue with all costs to be reimbursed by stale and federal funding sources; and
WHEREAS, FEMA and U1e FL TF 2 have l:>een operating under the same MOA slnce 1998, and .
several operational, legal and regulatory changes have been made slnoe then, and FEMA is requiring
ell Its sponsoring agencies, partiolpallng agencies and oerlaln strategic individuals to update their . .
agreements with a new standard MOA that was developed, subject to some state statutory dlfferel)cas
for participating agencies ln the various slates; ancl
WHEREAS, separate future legislation will be presented to the Cl!y Commission to eutllorlze the
updated list of p!i!rUo!patlng agencies alld strategic Individuals such aa c!octors and forensic engineers
In a newly formatted Memorandum of Underslaf!dlng with !hose agencies and Individuals; lill1d
WHEREAS, the attached MOA Is necessary lo continue without Interrupting the operation of the
South Florida USAR Task Force Program;
NOW, THEREFORE, 13E IT HESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA;
l)[' .. ·t3g(t
. I
Fila Number. 08-DODUO .
Section 1. The Tecltals and findings contained In the Preamble to this Resolution are adopted by
raferance and Incorporated as If fully set forth in this Seothm.
Secfloll :2. The City Manager Is aufhorlzed(1) to n~gotiate and to execute a MOA, subject to
approval of legal form and con-ec!ness by the Clly AUornay, between the United States bepartmant of
Homeland Seaurlly, acting through FEMA, the Slate of Florida, and the City's Department of
FJre-Rescua, the Sponsoring Agency of FL TF2.
Section. 3. The City Manager is authorlzed(1) t<l negotiate and to execute any fUture
amendments to lhe MOA, subject to the approval of legal fonn and correctness by the City Attorney,
and budgetary approval at the time of need.
Sealio11 4. This Resolution shall become effective lmmedla!ely upon Its adoptlort and signature of
!he Mayor.(2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEY
ll'ootnotasr
{1llh!L®.miD. ~!JUJQrlzatlo.o l.~ . .iYJMJ.?r.§.Y.!?Jec!JQ compliance wllh .a!l.reguirements that may be
lfrip6i:ied by the City Attorney, Including but not llmlfed to those prescribed by app!!cable City Charter
and Code provisions.
{2} lf·the Mayor does not sign this Resolution, lt shall become effective at the end of ten calendar days
from !he date It was passed and adopted. If the Mayor vetoes this Resolution, If aha!! become
affective Immediately upon override of the veto by the City Commission.
~
City of Miami
·Master Report
.
City Hall
3500 Pan American Drive
Miami, FL 33133
www.mlamigov.com
Enactment Number: R-11-0297
File Number: 11-00596
Version: 2
File Type: Resolution
Reference:
File Name: To Negotiate Memorandum Agrmt. Urban Search & Rescue
Requester: Department of Fire-Rescue Cost:
Status: Passed
Controlling Body: Office of the City
Clerk
Introduced: 6/24/2011
Final Action: 7/14/2011
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORlZING THE.CITY MANAGER TO NEGOTIATE AND TO EXECUTE, SUBJECT TO
APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, A
MEMORANDUM OF AGREEMENT ("MOA"), BETWEEN THE CITY OF MIAMI ("CITY"}
THROUGH ITS DEPARTMENT OF FIRE-RESCUE ("DEPARTMENT"), AS THE SPONSORlNG
AGENCY OF FLORIDA TASK FORCE 2 UNDER THE UNITED STATES DEPARTMENT OF
HOMELAND SECURlTY'S NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM,
ACTING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF
FLORIDA, WITH EACH OF THE CURRENT AND ANTICIPATED PARTICIPATING AGENCIES
ON "EXHIBIT A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER,
SUBJECT TO CONSULTATION WITH THE DEPARTMENT, TO NEGOTIATE AND EXECUTE
ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS TO THE MOA,
SUBJECT TO THE APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY
ATTORNEY, AND SUBJECT TO BUDGETARY APPROVALATTHETIMEOFNEED.
Sponsors:
Notes:
Indexes:
Attat::hments: ll-00596 Summary Form.pdf,Il-00596 Legislation.pdf,ll-00596 Exhibit l.pdf,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
2 Office of the City 7/13/2011 Review Pending
Attorney
2 City Commission 7/14/2011 ADOPTED Pass
2 Office of the Mayor 7/19/2011 Signed by the Mayor Office of the City
Clerk
2 Office of the City Clerk 7/21/2011 Signed and Attes!ed
by City Clerk
2 Office of the City 7/21/2011 Reviewed and
Attorney Approved
City of Miami Page I Printed 011 819/2011
File Number: 11-00596
City of Miami
Legislation
Resolution: R-11-0297
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.mlamigov.com
Final Action Date: 7/14/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATIACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE,
SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY
ATTORNEY, A MEMORANDUM OF AGREEMENT ("MOA"), BETWEEN THE CITY
OF MIAMI ("CITY") THROUGH ITS DEPARTMENT OF FIRE-RESCUE
("DEPARTMENT"), AS THE SPONSORING AGENCY OF FLORIDA TASK FORCE
2 UNDER THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S
NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM, ACTING
THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE
OF FLORIDA, WITH EACH OF THE CURRENT AND ANTICIPATED
PARTICIPATING AGENCIES ON "EXHIBIT A", ATIACHED AND
INCORPORATED; AUTHORIZING THE CITY MANAGER, SUBJECT TO
CONSULTATION WITH THE DEPARTMENT, TO NEGOTIATE AND EXECUTE
ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS TO THE
MOA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND CORRECTNESS BY
THECITY ATIORNEY, AND SUBJECT TO BUDGETARY APPROVAL AT THE
TIME OF NEED.
WHEREAS, the United States Department of Homeland Security's National Urban Search &
Rescue Response System ("USAR") since 1989 has annually funded the South Florida Urban Search
and Rescue Task Force, Florida Task Force 2 ("FL TF 2") which is coordinated by the City of Miami
("City") Department of Fire Rescue ("Department") as the sponsoring agency {"Sponsoring Agency")
through Federal Emergency Management Agency, State of Florida (collectively, "FEMA") for the
operation of its USAR program by FL TF 2; and
WHEREAS, FEMA and the FL TF 2 operate under a longstanding memorandum of agreement
most recently updated in September, 2008 (the "Sponsoring Agency MOA"), pursuant to City
Commission Resolution No. 08-0504, adopted September 11, 2008, making several operational, legal
and regulatory changes, and FEMA is requiring all of its sponsoring agencies to revise their related
earlier memoranda of agreement with participating agencies and certain strategic individuals to update
a new standard form of Memorandum of Agreement ("MOA") that has been developed, subject to
some state statutory differences for sponsoring agencies and participating agencies in the various
states; and
WHEREAS, pursuant to Resolution No. 01-484, adopted May 24, 2001, and Resolution No. 05-
0212, adopted April14, 2005, the City Manager entered into an original MOA with participating
agencies setting forth those agencies' responsibilities in connection with the development and support
of a local USAR FL TF 2 coordinated by the City's Department with all costs to be reimbursed by state
and/or federal funding sources; and
WHEREAS, accordingly, (1) the Department's earlier list of participating agencies needs to be
updated to take into account not only long-standing participating agencies but also anticipated new
Cit)' of Miami Pagel of2 File Jd: 11-00596 Wersion: 2) Pri11ted 011: 8/9/2011
File Number: 11-00596 Enactment Number: R-1 1-0297
participating agencies as indicated on "Exhibit A", attached and incorporated {collectively, the
"Participating Agencies"), and (2) the City through the Department as Sponsoring Agency needs to
enter into the revised MOA with the Participating Agencies in accordance with the Sponsoring Agency
MOA and FEMA's updated guidelines for USAR; and
WHEREAS, separate future legislation will be presented to the City Commission to authorize the
updated list of strategic individuals such as doctors and forensic engineers in a newly formatted form
of professional services agreement with those individuals; and
WHEREAS, the MOA is necessary to continue without interrupting the operation of the ongoing
USAR FL TF 2 Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to negotiate and to execute, subject to approval of
legal form and correctness by the City Attorney, a MOA, between the City, through the Department, as
the Sponsoring Agency of FL TF 2 under USAR, acting through FEMA, with each of the current and
anticipated participating agencies on "Exhibit A", attached and incorporated.
Section. 3. The City Manager, subject to consultation with the Department, ·is authorized{1} to
negotiate and to execute any future amendments, extensions, and/or supplements to the MOA,
subject to the approval of legal form and correctness by the City Attorney and subject to budgetary
approval at the time of need.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, if shall
become effective immediately upon override of the veto by the City Commission.
City of .Miami Page2of2 File ld: 11-00596 (Vm·sion: 2) Pri11ted 011: 819/2011
, .
AG!:NDA Xl'EM SUMMARY FORM
Date: .Q/22/2011 Requesting Department: Fire-Rescue
Commission Meeting Date: 1128/2011 District Impacted: All
Type: X Resolution 0 Ordinance 0 Emergency Ordinance 0 Discussion Item
00ther __
Law Department
Matter ID No.
Subject: Authorize a New Memorandum of Agreement C"MOA'') for the Urban Search & Re§cue
C'USAR") between the South Fl Task Force·2 (Sponsoring Agency) ond the US Department of the
Homeland Security, acting through FEMA. the State of Florida with each Current and Anticipated
Participating Agencies
Purpose ofllem:
Resolution with attachment (s), authorizing tbe City Manager to negotiate and execute, subject to approval of
legal fonn and correctness by the City Attorney, a Memorandum of Agreement ("MOA") between the City of
Miami ("City''), South Florida Task Force 2 ("Sponsoring Agency") under the US Department of Homeland
Security's National Urban Search & Rescue ·'Response System ("USAR") acting through FEMA, the State ol
Florida, with each ~urrent and anticipating Participating Agencies on Exhibit "A" hereto.
Background Information:
(See Attached)
... ,.
Budget Impnct Analysis
NO Is this item related to revenue?
NO Is this item nn expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: __
NO Is tb_is ilcm funded by Homclancl Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Tolol Fiscallmpncl:
Resolution to Authorize a New Memorandum of Agreement ("MOA") for Urban Search
& Rescue C'USAR") between the South Fl Task Force 2 (Sponsoring Agency) and US
Department of Homeland Security, Acting through FEMA, the State of Florida with each
Current and Anticipated Participating Agencies
Background Information: (Continued)
Since 1989 the South Florida Urban Search and Rescue ("USAR") FL Task Force 2 has been an
integral part of the FEMA's National Urban Search and Rescue ("USAR'') Response System. The
new FEMA continues to establish its role as the Nation's premier emergency management and
preparedness agency.
The Federal Emergency Management Agency ("FEMA") and the South Florida Task Force 2 have
been operating under the same MOA since 1998. Several operational, legal and regulatory changes
have been made and FEMA is requiring all its Sponsoring Agencies, Participating Agencies and
Strategic Individuals to update and execute new standard MOA's.
Accordingly, (1) the Department's earlier list of participating agencies needs to be updated to take
into account not only long-standing participating agencies but also anticipated new participating
agencies as indicated on Exhibit A attached hereto and incorporated hereby (collectively, the
"Participating Agencies"), and (2) the City through the Department as Sponsoring Agency needs to
enter into the revised MOA with the Participating Agencies in accordance with the Sponsoring
Agency MOA and FEMA's updated guidelines for USAR; and
Separate future legislation will be presented to the City Commission to authorize the up~ated list of
strategic individuals such as doctors and forensic engineers in a newly formatted form of professional
services agreement with those individuals; and
The MOA is necessary to continue without interrupting the operation of the ongoing USAR FL TF 2
Program;
TI1e City Manager, subject to consultation with the Department, is authorized to negotiate and to
execute any future amendments, extensions, and/or supplements to the MOA, subject to the approval
of legal f01m and correctness by the City Attorney and budgetary approval at time of need.
Page2
MEl\tXORANDUM Oll AGREm:I1'ENT
-~OR 11 IU~.'Jl'!CJPA 'I'ION l'N
'I'.HE NA'!'J.ONAI, URBAN SEARCH & RESCUE R.ESJPONSE S'l/'STEM
Mel.lJOt'llndwn of Agecement between the U.S. Department ofHmnelm'td Security, actlng through
the Federal Emergency Mtmngcment Agenoy, the State of Florida, und aw City of Miami Fire
R~~~cue, the SJlansodng Agem:y ofFioridn Tnak Fome 2, reg.ardittgparti<:i1mtionln the NE1tiont1l
Urbu.n Seat·ch & Rescue Renponse System.
I. l>ART.mS
n.
m.
The parties to tl1is Agrce1t1e11t are the DejJartment of.Homelat1d Security, noting tht:ough
the Federal Erilet·gency Management Agency, the State ofFJoric.liL, and the CltyofMiami
Fire Rescue, the Sponsoring Agency of Florida Task Force 2.
AUTR'ORITY
This Agreement is autl10rized under the Homeland Security Act 11s amended
(6U.S.C. §§ 101 ~§M.); the Robert T. Stafford Disaster Relief and Emergency . .
Assistance: Act, as amended (42 u:s.c. §§ 5121-5206); and the Natio11al Ut·ban Search &
Rescue Response System It1terim Final Rule, 70 Fed. Reg. 9182 (Feb, 24, 2005), codified
at 44 CFR Part 208. (Upon the effective date of a Final Rule, the Final Rule will
supersede ilie cited Interim Final Rule and its provisions s1u:~ll prevail over any contrary
provisions of the Interim Final Rule.)
PURPOSE
This Agreement sets fotth responsibilities with. respect to participation in the National
Urba,n Search & Rescue Response System.
IV. DEFINITIONS
A. .DHS means the Department of Homeland Security.
Fb"'lv!A means the Federal Emergency Management Agency, an operational
component of DHS.
FEMA-Sanclicmed Training or Exercf;e means a training session or ex.eroise
sponsored by an organization other than FEMA, which has rebeived FEMA
approval.
Regulatlon.v means the National Urban Search & Rescue Response System
regulations published at 44 CFR Part 201J.
f.t:!}jlffl:'edneJw Coowwatlve Agrermumt mc:1ms a l)repnredncss Co!.)pcruliWl
Agw~ement as defimJd in Becl:ion 2.08.2 ofl'heJ Regulations.
§_{JJjj'ord Act rnr::nml the Robc-:rt T. Sl·trfford Disaster Relief a11d Emet·genoy
Asaistnnce Act, as amended (47. U.S.C. §fi 5'121 ~5206).
J'JI.I'tem Resources means System Members, cunines, tools tmd equipment
·maintained by a SpomlDril1g Agency, 'ParticiJll:l.tiilg Agency, or Affiliuted
J>ersonnd for use as pntt uf the System.
Task Force Prov.n1111 Manager means tl1e person designated by the Sponsal'ing
Agency to be responsible for the day-to-day administration and manngememt of
the Task Force, · · . · · . ·
B. The following tm111s, as mmd in this Memorandum of Agreement, have the
meaning set forth in the Stnffot'd Aot at 42 U.S.C. § 5122:
lvfa{or Disaster
Emergena)!
C. The followh1g terms
1
as used in this Agreement, have the meaning set forth in
Section 208.2 or 208.3 2 of the Regulations:
Activated or Activc1tion
Advi,Ying or Advisory
A (filiated PersoN.Jtel
Demobilization Order
Participatby.g 4gei1Cj)
fr!m.aradness Cooperative Agreemeltl ·
{iystem m' Nallonal Urban. Search & Rescu.e Response Svstem
TaskForce
US&R or Urbccn Search arr.d Rescue
z
V. RESlt~ONSH3ILITIES
A. DHS, tl1rougl1 Fl:IMA, Is responsible fot· rlC:Jveloping and administering the System,
11nd its t"tlsponsibUities iucludo:
1. PmmufgiTting the Regnl11tions, standardf:, biOJic·ies, procedures, directives,
nnd ovet·all concept of operatiom for the System;
2. Jvfarntaining overall direction and control of Systetn Resources engaged in
~~ystem activities, as contemplated in the Regulations, standards, policies,
prooodllres, directives, and overall conce11t of operatio11s tbl' the System;
3, Maintailling an a.dvisoiy and consultaHve structure for communicating and
consulting with System participants with respect to the responsibilities set
forth in tllis section, as appropriate;
4. Preparing, pt'oviding, and maintaining a Pl'eparedness Cooperative
Agreement and a Response Coopei'ative Agl'eement with the Sponsoring
Agency, in accordam:e wl th the Regulations, standards, policies,
procedut'es, directives, and overall concept of operations for the System;
5. Providing preparedness funding to the Sponsoring Agency, in accordance
with the Reglllations, standards, policies, procedures, directives, and
overall concept of operations for the System;
6. Developing, scheduling, and delivering FEMA~Sponsored Training and
Exercises;
7. Granting FEMA sanction to training and exercises in accordance with the
Regulations, standards, policies, procedures,. directives, and overall
concept of operations for the System;
8. Maintaining overall direction and control of System Resources engaged in
FEMA-Sanctioned Training and Exercises and FEMA-Sponsored Training
and Exercises;
9. Evaluating System and perf01mance in accordance with the Regulationn,
standards, pollcies and pi'Ocedures and directives ofthe System;
10. Advising, Alerting, Activating nt1d Demobilizil1g System Resources;
11. Obtaining the consent of the State, if applicable, and the Sponsoring
Agelloy to Alert or Activate System Resomces; in accordance with the
Regulations, stat1Chtrds, policies and procedures of the System;
12. Appointing System Members into Federal service at nppropriftte times;
3
13. Taking steps as neoessar;; to emmre ooven1ge for System Members under
!:he F~den1l Employees Compensfttion Act, the Federal Tort C!uinu Act, ,
nnd the Public Saft~ty Officet·s Bem~tlt Act during FEMA-Sponsored
Training and Exercises, FEMA-Sanotioned Tt~1itung and Exercises, Alert,
and Activation, to tho extent allowed by law;
'14. Processing olnims tor Fedeml employee benefits, Wl set forth ln the
Regulations nnd this Agreement;
15. Mal ntalning ovet•all direction and control of System R cilources engaged in
System activities during Alert ot· Activation;
. . .
16. Providing ground,. alr, rail, or marine transportation for System Resources
during Alert or Activation, as required;
17. Providing re-supply and logistical support for System Resources during
Activation;
18. Establishing, developing, admi!1islering, Advising, Alerting, Activating,
Demobilizing, and maintaining overall direction and control of System
management teams, as appropriate;
19. Notifying the Sponsoring Agency when FEMA l1as Aletted, Activated, Ol'
Deactivated a Task Force member for participation on a System
managememt team or in a technical function;
20. Scheduli11g and conducting periodic meetings of System advisory
committees and other consultative bodioo;
21, Processing claims for reimbursement in accordance with the Regulations;
and
22. Ensuting proper ooordi!1Btlon and oooperation within FEMA, between
FEMA and other DHS components and entities, and between FEMA and
other Federal, state1 local, and private-sector entities for the purpose of
System activities,
B. The State, if applicable, is rooponsible for:
1.
2.
Maintaining 24--hour per day capability to receive a request fbr Alert or
Activation of System Resources and to accept or decline the request within
one hourj and
Using Task Forces resident within the State BS Sf:ate assets 'bc:fbre
requesting additional Task Forces tl:om FEMA in anticipation of, or in
response to, a dis<~ster or emergency within the State for which the State or
4
Jts Jo(:ol govemments have primary responsi.bi1ity, unle8s the resourcetl
have been olht1rwise committed,
C. The Sponsoring Agency is respon!!lble fbr Cll'gtmizing and ad.ministedng the Task
Foree, and this rl'JsporwibiliLy includes thf:l following:
1. R~:cruiting and training the Tallk Force, accOl'ding to the Regulations,
standards, policies, procedures, dlreetives, ~mcl ovrmdl concept of
operations for t11e Systmn promulgated by J1EMA;
2. Designating a Task Force Program Managel', as well as other such persons
as required by tlw Reg11lations1 standards, policie~, procedurcR, cllreotives,
and overnll concept of operations fm the System;
3. Executing a Preparedness Cooperative Agreement and a Response
Cooperative Agreement with FEMA, in accordance with the Regulations,
standards, policies, procedures, directives, and overall concept of
operations for tl1e System; · ·.
4. Providing administrative, financial, and personnelma11agement for the
Task Force, to include providing FEMA with all documentation required
to appoint System Members into Federal service;
5, Maintaining such agreements with Participating Agencies .and Affiliated
Person11el as are required under the Regulations, standards, policies,·
directives, procedures, and overall concept of operations for the Systein.
Agreements with Participating Agencies and Affiliated Pet·sotmel for
System activities must be consistent with the Regulations, standards,
policies, procedures, directives, and overall concept of operations tbr the
System, and this Memorandum of Agreement. All agreements with
Participating Agencies must inch1de an express authorization for the
Sponsoring Agency to cori1mit an employee of the Participating Agency to
Federal service. All agreements with Affiliated Personnel must include an
exJJress authorization for the Sponsoring Agency to commit the individual
to Federal service;
6. Registering and qualifying all Task Force medical personnel, as requkecl
under the Regulntlons, standards, policies; procedures, directives, and .
overall concept of operations for the System;
7. ReqtwRting FEMA sanction fbr training and exercise:J, in accordance with
the Regulations, sl:nndards, policies, procedures, directives, and ovcrnll
concept of operations tbr the System;
8. Notifying FEMA when there is a change in the 'operational status of !he
TaskForce;
5
'.
9. Maintaining 24-hour per day ClljJ!Ibilily to :rr.ocive a re.cruesf tor Alert or
Activation of System .Rr::sotm:ea nnd to um::r.:tlt or denHoe the request within
one hout';
L 0. A•Jquirlng, malntaJnlng, and accounting tbr equipment, in nocol'dam.le with
the Regulfltions, slnndnrds, j)olicien, pro()(:'AIUt'!:)!l, directives, and overnll
concept of operations ibt· tho System;
l 1. Complying '.lrith financial, administmtivG, acquisition, rehnblll'llcment, and
reporting requirements set 'torfh in the Regolatlons, standards, policies,
Ilrocedures, directives, and ove1·aU concept ofopemtions for the System;
12. To the "extent that tim Sponsoring Agency chooses to provide Systetn
Members for System management teams and technical i1.motions, or for
any FEMA advismy and consultative entities, complying with financial,
admi11istrative, acqulsition, rcimburseme11t, and reporting requirements set
forth in the Regulations, standards, policies, procedures, directives, and
overall concept of operations for the System wit11 resp.ect to these System
Members;
13, Keeping all records relating to the Task Force, in accordance with the
Regulations, standards, policies, procedures, directives, and overall
co11cept of operations fot the System;
14. Submitting to FEMA a copy of any agreements it maintains with any
Patticipatlng Aget1cy and Affiliated Perso1mel; and
15. Processing state and local employee benefit claims for which a "system
Member may be eligible. ·
VI. POINTS OF CONTACT
A DHS/FEMA:
Acting Chief, Urban Search & Rescue Branch
Federal Eme1·gency Management Agemcy
U.S. DepartmeLlt of Homeland Security
500 C S tJ'eet, SW
Washington, be 20472
(202) 646-3456
B. Sponsoring Agency
Chief, City ot'Mimnf Fire Rescue
1151 NW 7th Street-3rd Flam•
Miami, FL 33136
305-416-5401
6
A. Finnncinl At1'o.ngements
l. FEMA slmll provide tl1e Sponsoring Agency with funding for
preparedness activities pursuant to tl Jlreparedness Coopera:tlve
Agreement1 in accordallce with t1111 Rr~gnlations.
2. FEMA shu!l r;olimburse the Sponsoring Agency tor costs incurred in
System response activities pursuant to a Response Cooperative
Agreement, in accordance with the Reg11lations.
3. All financial co111111itments are subject to the availability offunds. Nothing
in this Agreement obligates funds ofthe respective parties.
B. Title to Equipment
1. Title to equipment purchased and maintained by the Sponsoring Agency·
wifh funds provided .under a cooperative agreement prior to Febmaty 24,
2005 vests in the Sponsoring Agency in accordance with
44 CFR § l3.32(a).
2. Title to equipment purchased and maintained by the Sponsoring Agency
with funds provided under a Preparedness Cooperative Agreement vests i11
the Sponsoring Agency in accordimce with 44 CFR § 13.32(a).
3. Title to equipnmnt purchased by DHS, and distributed to and maintained
by the Sponsoring Agency, remains vested in DHS iu accordance with
44 CFR § 13.32(f), unless transfe11'ed to the Sponsoring Agency under
applicable Federal regulations,
C. Use of Sponsoring AgencyResoul'ces
1. Offer, consent and acceplunce of services, facilities and employees
The Sponsoring Agency and the State offer and consent to FEMA's use of
their services, facilities, and employees as SlJecifically described in this
Memoramhm1 of Agreement with respect to the System, and FEMA
accepts the offer of such services, facilities, Eind employees in carrying out
the purposes of the Sections 306(a) and 62l(c)(l) of the St~1fford Act,
42 U.S.C. §§ 5149(u) and 5197(c)(l).
7
2. Appoinbnent inlo Federal Service
a. FEMA wlll apj>oint System Jv1ember::: into Federal service pursuant
to section 208.11 of the Ret,rulations, as follows:
(l) When inst.t1tctlng or pnrl:icipatiug in PEMA ~Sanctioned
Training and Exercises;
(2) \¥hen instructing or pnrticipating !n FEMA~Sponsored
Training and Exercises;
(3) When undertaking specific duties required by FEMA
dudng an Alett to prepare fbr Activnlion; nnc1
( 4) When Activated.
b. At a11 such times when System Members aio appointed into
Federal servioo1 those System Members w111 be under FEMA's
overall direction and control.
c. A System Member's appointment into Federal service is
concun·ent with a System Member's employment with the
Sponsoring Agency or other entity.
D. Coverage undet· Federal statutes; FEMA's intent
1. Pursuant to section 208.11 of the Regulations, HIs FEMA's intent that on
the basis of subsections C.l. and 2., above, System Members appointed
into Federal service are Federal employees during the activities described.
in subsection C.2.a., above, for the purposes of the following acta:
2.
3.
4.
a. The Federal Employees Compensation Act.
b. The Federal Tort Claims Act.
It is FEMA's intent that System Members appointed into Federal service
are Public Safely Officers during the activities descdbed in subsection
C.2.a., above, as defined in the Public Safely Officers Benefit Act,
42 u.s.c. § 3796b .
No individual may parlicipnte in the Task Force who is not an employee of
the Sponsoring Agency, an employee of a Participating Agency, or an
AftHia.ted Personnel.
Nothing collt!lined within this A~:,'l.'ecment is intr.nded to dim! 11ish a System
Member's non-Federal employment rights, relationships, or enl'itlements
to non~Federal pension ol' welfare benefits,
8
E. FEMA1 tbe State, tmd the Sponsoring Agency will not disotimlnateugalnst any
Syatcm Mc~mhcr Ol' !!ppHmmt for a position us a Sylltem Member on thtl grounds of
fl'!ce, ciD!or, religion, R~:>i, age, natio1ml origin, or ecm1omic status in fulfilling tmy
nnd nll obliga.tions under tl1ls Memotund.urn of Agreement.
F. Use of Federal facilities, auppllesand sru:vica'l will be in compliance with
n::gulation8 prohibiting duplication of benefits und gum·a.nteefng
nondiscrimination. Distdbutiou of supplies, processing of applications, provision
of technicnl assistance nncl other relief and assistance activities shall be
nccompHshed in an equitable lind impnrtial1nanner, without discrimination on the
grounds of race, color, religion, sex, nge, na:tional origin, or economic status.
Vm:. EF.FECTIYE DATE
The terms of this Agreement will become effective on the dnte that the last parly signs
this Agreement.
IX, MODIFICATION, Al\1ENDJ.\IIENT, AND TERMINATION
A. Any provision of this Agreement later found to be in conflict with Federal law or
regulation, or invalidated by a court of competent jurisdiction, shall be considered
J11operable and/or superseded by tbat law or regulation. Any provision found
inoperable is severable from this Agreement, and the remainder of the Agreement
shall remain in full furoe.
B. This Agreement may be modified or amended ouly with the written agreement of
all of the pa1ties. ·
C. Tl1is Agreement remains ln effect unless tenninated. This Agreement may b6
terminated by any party upon 30 days writte11notice.
D. TI1is Agreement is the f\tU and complete agreement between the undersigned
parties, and supersedes any prioi· agl'eement between the parties, written or oral,
with the exception of an existing Preparedness Cooperative Agreement or
Response Coo1?erative Agreement.
B. This may be executed in several counterparts, each of which is a valid agreement,
provided that 11ll parties to the Memorandum of Agreement have execLlted at least
one original copy ofthe Memorandum of Agreement.
9
···'
X~ ll:XEClJ'lllON
·' 1 /.A;&.&..,~".,..,._ ?'t""l • t:J~-r""""''"'-"''"''" oT~ml M. c~umotl ---
Assistant AdmintstrntOl'
Disastet· Operation.~ Di1'eotonrte
Federal Emergency Management Agency
Regional Administratm·
· Dat<;: ----
·Director
State Emergency Management Agency
Date: ____ _
Please see attached required signatures for city of Miami, Florida
and City of Miami Fire-Rescue Department
Chief Executive or Designee
Sponsoring Agency
Date: ____ _
Also M:i.:ached: City of Miami, Florida Au·thorizihg Resolution
No. 08-050~ adopted by City Commission on September 11, 2008
to
i ..
I
A1TEST:
APPROVED AS TO FORM AND
CORRECTNESS:
Julie 0. Bru.
Cl!y Attorney
CITY ~MJf¥1, FLORIDA , a municipal
co ·por tVfon ·
APPROVED AS TO INSURANCE
REQUIRENMENTS:
AG.ENOA ll'EM SUMMARY FORM
li'ILE ID: _("""'-)ji.,._-.:::::.;.C/J=-C)'-"'-5{_;;:;:_Q-------'"''"i-'.'
Dnlc: Z/24/2008 RJlqucstlttg Department: Fire .. Rescue
Commissitltt Meeting Dutm ..:J1~~ Dlsh'ld Imp11ctcd:
Tyr1e: 181 Resolution 0 Ordlnanoe 0 Emergency Ol'dinance 0 Discussion Ilem
O.O!her __
RE.7
Subject: A New Memol'andum of Agrecmen! (MOA) fol' Urban Senl'Ch & Rescue (''USAR") between
the US Department of Homeland Secur·i!y nnd the City of Miami
Putposn of Item:
Respectlldly r.eeonunending for the City Commission to adopt the attached Memorandum of
Agreement ("MOA") between the US Department of Homeland Security, acting through the.fedc:ral
Emergency Management Agency C'FEMN'), the Slate of Florida, aru:l the City of Miami Fire-Rescue,
the Sponsoring Agency of Florida Task Force 2, This Agreemtmt sets forth responsibilities with .
respect to participation in the National Urban Search & Rescue Response S;ystem. Additionally, to
authorize the City Manager, subject to approval of Jega1 form and correctness by the City Attorney, to
negotiate and execute any future an1endments to the MOA, subject to budgetary approval.
Background Information:
Please see next page.
Dudglltlmpuct Annlysis
NO Is this iri'Jll related to revenue?
NO I11 tbis item nn cxpcndifnrc? If so, ploasc lduntl1y fundh1g soul'Co bolow.
Gemml.Account No:
Special Ravelrua_A.ccount No:
CIP Project No: __
NO Is tl1is item fundccll>y J:Ionullnnd Dcfe!ISe/NoiglJbol'llOod Il!lpl·ovcmcnt Dnnds?
Sbwt Up Cnpital Cost:
Mnh1hmum:o Cost:
Totnl FiSJmllmpnct:
•,
···---------------------------
A New Memorandum or Agt·ecunmr (MOA) for lJI'btm Search & Rescue ("tJSAR")
belween the US Department of liomchmd Security ll!ld the City ol' Minmi
Rncl(gJ'OUnd fufnrm11tion: (Cmttinued)
Since 1989, Florida Task fo'Moc 2 has been 1111 integral part of the FEMA's National Urbtln·Seni'Oh and
Rescue ("USAR 11) Response System. The ni:w FEMA cotl!ltiues·lo establish its role ns the Natiort's
premier emergency management and preparedness agency.
FEMA and Ft. Task Force 2 have been operating under lhe same MOA since J 99&. Severn!
operational, legal nnd regulatory changes have been made and FEMA is r·e:quiring all ita sponsqring
age11cies, participating agencies, and strategic individuals to update and execute new standard MOAs.
Separate legis!atur·e will be presented Inter for the participating agencies and strategic individuals,
Chici'WiJliom Bryson
City oi'Minmi Fire Rescue
1151 NW 7Ul Sireet • Jrd Floor
Minmi, Florida 33136
Dcm· Chief Bryson:
1'-'i. llt'Jlnrhnrul ur llunlrlnnd hucurltt
~~~~ (' ~lrt<l, ). \II
wu~lduplllll •. (I(' 211•112
Since 1989, Floricla Tnsk Force 2 hns bean on integrnl part oflhc Federal Emergency
Mnnngcmcnt Agency's (FEMA) Nntiollfll Urbnn Senreh nnd Rescue (US&R} Response Systl!lll.
1\s the new PEMA continues to establish its role us OH: Nation's premier emergency munngcmenl
and prcpuredness ugcocy, we look forward to continuing our relationship with Florida Tusk
Force 2.
FEMA and Florida Task Porco 2 have been opernling under the same M omornndum of
Agreement (MOA) since 1998, Sovernllcgnl nnd rcb'llln!ory changes have been made since then,
including the !rw1sfcr of FEMA Ia lhe Dupnrlrncnt of Homeland Security in 2003 nnd tj1e
publication oftbe US&R Interim-Final Rule at 44 CFR Pnrt 208'in 2005. To update our
agreements, FEMA is roquiri~g nil US&R T!!Sk Forces !o execute a new slnndurd MOA. The
new MOA was developed by tho US&R Lcgnl [ssues Work Group, which includes
reprcscntntivos ITom US&R Task ,Porucs, the US&R Program Office, and FEMA 's Of!icc of
ChiefCounsolj nnd wus reviewed l:iy ull28 US&R Tnsk Forces.
FEMA is requesting that you review, sign, nnd return the enclosed new MOA within 60 days.
We recognize thut the unique organizalionnl sl:rocturc of tl1c 28 US&R Task Forces mHy require
minor modificntions to the :;tundnrd MOA WJd that !idditionul time may be ncedeclto review and
return thcMOA depending on yourTnsk Force's review process. If you would likclo discuss
making any ehunges or n~;:cd additional time for submission, please contact Dnve Webb, Acting
Chief, Urbnn Scorch and Rescue Bra11ch, nl 202-645-3456 or davc.wcbb@dhs.gov.
We look forwurd to conlinuing !he stro11g, coopcrntive rclali<mship between FEMA nnd Floridn
Toslc Forca 2 as we llolp lo cnfiure the Nntion is rcndy to respond to all hazards.
Enclm;uru
~'> 'f -· I ~~,'1;:~:., (. ,) .. l ,.)~··
Sincerely,
·.~m.~~
Glenn M. Cunnoll
Assislun! Administrutor
Disnsh.ll' Operu!itms Dircclumtc
wwnt.fmru\.r.nv
1-~·---·----·--. ----·~---------
'thursday,
11eb1'L1a1·y 24, 2005
Part ill
Department of
Homeland Security
Federal Emergency Management Agency
44 CFR Pa:rt 208
National U1·ban Search and Rescue
Response System; Maximum Pay Rate
'I'ablc, National Urban Seat·ch and Rescue
Respo11se System (US&R); Inte:dm Fh1ai
Rule and Notice
9182 Federnl Register/Val. 1'0, No. 36/'l'hurBdny, Fobruur.l' 24, 2005/Rules aud Regnlrrtlons
DEPARTMENT OF HOMELAND
SECURITY
Federnl Emergency Management
Agency
44 CFR Part 208
·Viewing Gam1mmts: You mny vlow
couuuants and background mntarlnl at:
litlp:l/www.epa.gov/faddor.ket ot•lltlp:/1
www.regulatlon11.gov. You muy ulao
Inspect comments In pornon nt the
Office of the Genat'ltl Counsol, Fed!mll
Ftlbrunry 2n, 2003, the Prllllldont
nnmnded E.O. 12140 l:o transfer tim
FEMA Dlmctor'li dalegnl:lld nuthorlty to
tha Secral:m·y ofHomalond Securlly, und
under Homeland Security Dalagnllon
No, 9100, delegniecl the Secretary's
uuthorHyumlar'l'ltlo V oftho Homelnnd
Security Act of2002., whloh !ncluden
lha Stafford Act, to tho Undet• Secretary
for llmargenoy PI'Opnrodnesn !!Ild ·
Response (EP&R),
RIN 166G-AA07 (formerly RIN 3067-AC!l3}
National Urban Search and Res!lUB
Response System
AGENCY: Fadel'!!! Emergency
Management Agency (FEMA),
Emorg<moy Prepnradnelill end Response
Dlractol'ate (EP&R), Dcp!ll'l:mcmt or
Homeland Security (DHS).
ACTION: Inle!•lm rule wlth mquast fot·
comments.
Emm'!lenc:y Mnnngm , !iOO C
Stl·aat, SW., room 1140, ·an, DC
20472.
FOR FURTHER INFORMATION CON'fACl':
Miohmll1'nmillow, Fadorul Emargenoy
Mnnogamont Agency, Emargatwy
Prepnt•adnesa and Response D!ractnt·uta,
Dapnrlmonl of Homeland Seourlty, 500
C Street, SW., room 326, Wnnhlngton,
DC 20472, (202) 646-2549, Ill' (o-mn!l)
mlka.tumillaw®dhs.gov,
SUPPLEMENTARY INFORMATION:
SUMMARY: Th!s inlerlm rule standardizes
the financing, ndmlnistratiou and
operation of the National Urban Search
and Rescue Response System, e
cooperntiva effort of the Department of
Homelnnd Security, participating State
emergency management agencies and
local public safety agencies across the
country, Thls rule addrasses the
relationship bel wean Sponsoring
.Agencies 1 of Urban Search & Rescue
(US&R) Task Forces nnd DHS and also
funding for preparedness and response
activities, includlng the acquisition of
equipment and supplies and training,
Concurrently wei are publishing as a
Notice In this 1ssua of the Fodcrnl
Register a Maximum Pay Rata Table on
which we also request comments.
Background
The Fod(ll'!ll Emerge nay Management
Agency (Ff!:MA) publ!shed n proposed
rule, National Urban Search Cllld Rescue
Rasponsa System, on December 181
2002, 67 FR 776Z7....,77640.(Proposad
Rule). On March 1, 2003, FEMA baaani.a ·
a part of the Emergen~y Preparedness
and Response Directorate {EP&:R),
Dapartment of Homeland Security
(DHS). The Natlona.l UrbClll Seurcl1 and
Rescue Response System Is now a
program in FEMA under the EP&R
Directorate.
This preamble and Interim Rule
reflect certain decisions made regarding
comments that FEMA received on the
Proposed Rule, and changes rasulting
from FEMA's integration into thG
Department of Homeland Sacul'ity. The
process for creating and updating tl1e
Maximum Fay Rate Table (Table},
which establishes U1a maximum rates
tl1nt DHS will pay fur certain medical,
engineering, canine handling and
backfill servicas, is,described In
DATES: This lntarlm .rule Is effective
Februl!l'y 24, 2005. We invite comments
on this interim !'Ula and the Maximum
Pay Rate Tnbla published separately
today as a Notice in this issue of the
Fodornl Rogistar, We will eccept
comments on bolh unlil Apdlll, :mo5,
ADDRESSES: Mail: Wben submitting
comnwnts by mail, please &Cllld U1a·
comments to the Rules Docket Clark,
Offic:a of tha General Counsel, J?ade!'!ll
Emergency Management Ag;may, 500 C
Street, SW., room 040, Washington, DC
2047Z. To nnsut'!! propor hnndllng,
please refet'!!nca RIN 1660-AA07 and
Docket No. DHS-2004-{)010 on your
cotToopondanca. This muillng address
may also ba used fot· submitting
comments on paper, disk, or CD-ROM.
Hand DallveJy/Caurlrm The nddrasa
for submitting oommanl-s by hand ·
dollvury or courier ia Uw same us thnt
for nubmlttlng comments by mn!l.
§ 208,12. The Maximum Pay Rate Table,
which wns mentianad but not published
in tlw Proposed Rule, Is lnoorporated in
tha Int.al'im Rule, and published
conoummtly with this Interim Rule as 11
Notice, Because the Maximum Pny Rate
Tubla was not published previously and
will become 11 part oflha National
Urban Search and Rescue Responae
System finn! !'UIG, we nrs nsking for
publ!v uommtmt boll1 on Ute Tabla and
the Interim Rule,
Section 303 oftha Robcrt'f, Slnfl'ord
DiH!tHtar Rll!Jef und Umargancy
Asslst!!Iloe Act (Stefford .Act), 42 U.S.C.
514•1, authorizes the President of tho
United Slntoo to furm amorgonoy
Section 306(n] of the Stafford Act
outhm•l.?.as the President (as delagnted to
the Under Secretary for EP&R) to accept
nnd uae the services or facll!tles of any
State or local government, or of nny
nganoy, officer or employee thareof,
wlth tho consent of such government, In
U1a performance of his rasponsibll!tlas
under the Sl:llfCord Act. Section 306(b} of
the Stafford Act authorizes the Pl'asident
to appoint and fix U1a compensation of
tempormy personnel without regard to
U.S, Coda provisions governing
appointments in lhe competitive
service. Section 403(a)(3](B) oHho
Stafford Act provides further that the
President may authorlza Federal
agencies to perform work on public or
private lands essential to save lives and
protect property, including search and
rescue and emergency medical care, and
othar essential needs. Under section
Gl!l(c) of the StaffordAc4 the Secretary
may accept and usa the aervinss of Stete
or local governments, a.o.d use volunta:ry
services by individuals or organi2ations
ru1 needed.
Ji'EMA astablished the National Urban
Search & Rescue Response System
{System or US&R) under the authorities
cited. The System provides spooialized
lifesaving uslstancti during major
disnstm·s or emargenc\e.q that tho
Prns!dcmt declares under the Stafford
Act. US&:R operational activities inalude
locating, extricating and providing on·
site medloal treatment to victims
trapped in collapsed atruch.tras, victims
of weapons of ffillss destruction events,
!!Ild when asalgncd, performing lncldent
command or other opeml'lonnl activities,
. Ct'eated in comrultntion with Stale
ewai·gllncy managemant agenolas and
local public sufety ngenclas, the System
is bunt around a core of Sponsoring
Agencies prepared to deploy US&R TR!lk
Forces" immediately nnd lnltiatB US&R
opemtlons at DI·IS's dlraction, Members
of the TuBk Forces, also referred tons
"Syatam Mamueru.'' may respond ns
1 HtJOmJnrlng t\gmmintr urn Slntu or lncnJ
uovorwuonl ngonclmlllllll bov• Big nod Mmuol'!lndn
nf Alil'niiiiitinf'<i>llh OHR lo clijiiulzlflli!l:l hihlinau '
US!\R 1'u•k l'omnr.
''11uuuuhoulllm pruu~t~blu Ia lbln rulo lhu hl!'mn
"\l'll., nllfl unur" rornr ln nml mnun thu Dntlllrltnnltt
nrHomolnnd llouurlty, "Yott" rofomto tltu tnndnr,
suppm·t teams ofrladern! parsonnel to
bo daployad in an l!l'eauffllotecl by u
iriiijor d!siiiitiir ·or ·auiai:Siiiicy. Tile · ·
President dalesated tllis f1mctlon to tha
Dlcaotor of ths FEMA <111d6r Exooutlvo
Order (E,O.) 12148. Under T~.O. 1ll21l6 of
''l'lto IJS&ll Sy•lmn Clalllt>rluan 21l 'l'nnk Fo(t)asln
lU lltnlun. A full Tonk Forno con•laltl ur 70 llysiOIU
Mombor!f, tluw doop (dnnlguud for 1.10 tnnnthm) ·
opuclnlly l<'Jllnad nud uqult>pod !o lind, old.rlonln,
-nnd provldn luttlul lliUtllcnl cnrn In vlt:llm•nf
mllnJllmd lmlldlngli, wonpann or mrum dool<ucUon,
n• woll •• to por(onn vlhnr on•lllnod dullna.
Federal Rnglutcr/Vol. 70, No, 313/'i'lmraday, February 24, 2005/Rnles and Regulntionll 9183
pnt't of Joint Munugemlitit Tanms {fM'I') 4
or otho1· overhead or toohnlcnl tmm1s, m•
an incllvldunl rasom'Cas,
The 'l'nsk ]?orcas are stnffad prlmm·ily
by locn\ flm dopnrlmant and amargam::y
narvlcos parsomud spooially b·uinod nnd
oxparlancod In collapsad slructUl'o
~onrch nnd rescue oparations, Incident
manugcmeut, and other emorganoy
opet•ntlonal nclivltlan. On nnUVIItlon by
DI-IS, members of the US&R •rnsk
Jrot•cns, US&R Systnm Melllbm•a of Joint
Mnnngemeut •reams, and other overhead
or leohnlcaltenma, oparate ns
Temporary Excepted Federal
Voluntaars,D
· The Nntlonal Ut·ban Sanrch and
Rosouo Rasponse Systnm presently
comprises 28 US&R Task Foroos in 19
States, Typically, a State agency or loon!
public safely agency (Sponsoring
Agency) sponsors each of the Task
Forces, While the Sponsoring Agencies
are solely responsible for the
admlnislratl va mauagemant of thah· .
rospootlve Task Forces, many .
Sponsoring Agencies Invite other public
safety agencies and other entities in
their vicinity to contribute personnel
and otlmr resources to the Task Force.
These public sa.&!ly agencies and other
entities that enter into agreements with
the Sponsoring Agency to contribute
persa!lllel and other rasouroas are
P!ll'ticipnting Agencies, In certain cnsas,
Individuals who III'll not employed by a
Sponsoring Agency or Pnrtlcipntlng
Agency 0 become members of a Task
Force ns Affiliatad Personnel.Y
DHS p.rovidas financial support ln the
form of grants or Cooperative
Agreements o (Grants) to each of the
Sponsm•lng Aganclanmdm• the cllmwtel'
preparedness nnd lminlng outhoritlas of
tha Stllfrtu·d Aot. Th!l Sponsoring
Agencies usa these Grani:fllo trulu Tusk
Fot•ao porsonnol, mnlntnin11 slitlr-l of
readiness and to ncqulro necessary
equipment and aupplles. Dl-lS nwnl'da
1md ndmlnistars Grants under 4.4 CllR
13. rn rolum fur this l'lnnnclal suppo·rt,
euch Tusk Fot·co must b11 nvallnble fat•
dejlloyment ns nl?edarniJ·asom·ce whon
DHS nollvates Jt.n Tusk Fomos nl:;o must
mnlnlain minimum trninlng
requirements that DHS presnrlbes,1o
Sopamte non-standru'lllllud
memomndn of agt•amnant {MOA), which
ware individually negotiated nt dlfl'ertmt
stages in tha System's development,
ourmntly govern the rahrtionsllip
between DHS nnd euclr of Ute
Sponsoring Agencies. In nddltlon, we
require the Sponsoring Agencies to
anlllr into separate Cooperative
Agraements on forms that our Ol'fioo of
Financial Mnnngamant proscribes. As
tl111 System has matured, the . ·
participants have conoludad tlmt It is
desirable to standardize thaae
relationships through a set of
comprohansive regulations, We
developed the Interim Rule wlth the
assistance of the National Urban Search
and Rescue Advisory Committee and its
Legal Issues Worldng Group.
Adoption oP.the rntarlm Rule enables
DHS to standardize our agreements with
the Sponsoring Agencies, Following
adoption of the final rule, we will ask
each of lhe Sponsoring Agencies to
enter into a new, strenmlinod MOA as
well ns a Prepnradnass Cooperative
Agraement,u DB described in subplll't B
• A joint Mnnngsrnonl 'l'oiUI!Is o rnulU-
d!sclpUnuey group of Nnllonul Dlonator Mndlr.nl
Synloru (NOMS), Uth•n Stlllroh ond Rnll<luo (US&R)
nnd o!llor •pecln!!sls combh1od lo pmvldo
ntloru!lonnl, plnnnlnn, loglsl!C!I, nmmco nnd
ndmlnl:rimllve support for US&R nnd NOMS
rosou.rt:uS, ond to provldo lochnlaol od vlcu nnd
madshmcu lo Slnlo tmd loetd gnvnmmnnls,
• Tho Task Forcus nlso mspond to d!snslars md
.. omnQ!nnclos !n lholr boron statu• as Statu n~~~uurCiln.
,..i'lmlorm mrompnrnry ll'tcuplad FodotaJ ,
Volunlnur:' ummutthnl a Systoru mombor'n: ulnlun tn
lomparury forUm purlod ufJ1odnrnl ocllvatlon,
nxr.np/11d from Civil Sorvloo rulos rognrolng Fndnrnl
umplo}rtllUUl, FuJa,.aJ ftn" pUS"fJOIHI~ ur tort chtltl! .
prnlacllolt nmt Fndomt·~wnrl;nra' com]mntmlimtf'r
nnd n .altll!laor In tlJQt DHS doos 1101 pny tbn
lncllvlduul dlroclly, hut rolmburno• tho Spnu•orlne
Agnnay for lh11 S)'lllmu Mmulmr·~ llllrvlcun.
• A l'nrllclpnllng Aaunoy lu u ll!u!o or Loon!
cf the mlu, nnd n Re~pons11 Coaperative
Agraemant,1 ~ 1111 desoelbad In subt>nrt C
of tld.s rula. 'l'hooe new, sl:.undurdlzod
agreements wlll doomnont om•
relnUonshlp with the Sponsoring
Aganolon,1n Upon the affaollve clute of
the Interlm Rule, if a con'ltlot axlsts
between n provision of tha rule und nn
existing MOA, tho provision of the rule
will oonl:rol.
Rcfw:encooln Ibn Pl'Camble lo.Pnrls,
Subllnrts or Soclinns
Throughout the preamble nnd rule,
roforoncas to prut, l!llbpnrl, or veotlons
(as "secttou" or"§") ore to parts,
uubpw:ts or sections of lhis rule unless
specifically cited as n aeotlon of an Act,
e.g., section 306 of the Stafford Act, or
docwnant other thnn this rule.
Organization of lho Inlerim Rule
The Inlerim Rula is divided lnto four
subparts. Subpart A addt'tlssea the
organization of the Nationa1 US&R
.Response Systam,·explnlns the
relationship among the various
components of the system, incorporates
cerl:aln provisions of other regulations
md provides for sanctions lf US&R
1·egulntions and directives are violated.
Subpart B describes the process
through which wa provide grnnt funds
to the Sponsorins Agencies to maintain
Task Force readiness. Sponsoring
Agancles use these grnnt funds to
administer the Task Forces, provide
initial md recurrent trainlng,u and
acquire and maintain a uniform onoha of
equipment and supplies.
Following adoption of U1e f!nalrule,
we will ask each Sponsoring Agency to
enter into a J't'tlparednass Cooperative
Agreement with ua, In addition, !'rom
time to time, DHS wiU purchase and
distribute equipment nnd supplies
directly to anch Tusk Force,
cnpnb!IUios !111d romllnnnn for opor~Uons, lnuludlng
lruln!og.
"Whun DHS ocllvnlos • 'fo•k Foruol! pravldoH
Fodorol funding ror tho T••• (i'ot<;Q'# IDil(lOIIBO undor
Uw tonns of lha Rnsponao CooporuUvo J\grcomuut,
'' Followlns adoption oflbo final ndu, DHS
o•puoiHlo duvolop n Notlonul US< l!oopnnao
Syslom Dlrn<rtlvu Mununl, wblch wtll cou!uln
uy•lonl pollolnn nnd uxpln!n oll10r l!'odnn1l
rogulnUon•, and wlll flOVOrn U.u opurnlton "' lho
NnUonnl US&R lloapun•n Syslom, Tho Dh'llr.ltYB
Mnnunl will ho updolnd porlodlt:nlly liB uomlod.
Covornmuut, nau~pront ornnul7.uUun. or prlvulu
Ot6tt.UizUll011lbnt hun Dl(nt:Ulod UU agttltnUDltt WUh
11 S[>unsm1n!! Attnnoy In purtlclputoln U.u Nnllonul
US&R lliJlljlUtmo Sy~loJJI,
7 Affillo!od Pnrnnnnoluro lndlvltluuln not
uummlly mnploJ•otl bJ• n Spuunorlnlf Auoncy '"
l'urUcl[lnllng 1\gonay nutllndlvldnnln uarmnlly
nmllntud wllh o Spuusutfun A)Jint•Y ur Pttrtlclpuilns
DHS duus nnt na,.,llully nnd dlroctly rnhttbunt•
Sponsoring 1\gonotoo of tho To•k l'oroll.l for tho
llOills tho! Toak Forcoa Incur whon dopluylng In
lhnlr homo $lnl1!.•, nl!llough ln a Stnlo doploymunl,
Tusk l'urous m•y usc cqulp•uon! tlml thuy bnvo
pttrohm;od wllh DHS grnnt funds nnd Fedornl
pmvnrty U1nllu In lbolr custody, Sl!bpnrl C of !Ilia
rulo dourr uol cover ln-slnlo dnplnymonl or US&R
l'UUOut"CCa. Howavort Pudor.nl rnlntbtt.rnUllltll1l ror tho
COB( of 011 Jn-stnlo dlljl)OftnCntmny bo OVIltinbJn
through DHS'o Public ll>ulstnmm Prournm nndur
rugulotlous tmblllllu•clnl4•1 CFR 11nrt 2DU, In
nddJ!Ion, tim Offiou of l"orolgn 01BIIIllur 1\anlnlnii<IO or tlw U.S. A!lllncy for ln!or!Ultluunl Dovnloplll<ml
(US I\ !D) anon uunu tho •orvlaoa of oor!nln 'fuuk
l"ortmo Ia tlollvor humunlturlnn mmlolnm:u ubruutl
undur nanmuuml:f lu wbtch OHS In nntnrtnri.y, 'l'bo
rulu douo not uffocl U1n rolnUoush!pn but W<JOU
USAIO nud lim SJ>Olloorlng t\gnuchu• nfll10 Tw!k
l'urcun.
1°fn nddlllon lo llllrtlulpoUou on Tnak lluw.,K,
purllc!pnnl•ln U•u5yslu•u (rufor!'<!<l to ••n 8y11tn111
Momburtt) mny nino lm unllud npontn •m·vo llll
ntnmbtlrn of Jntnl Mumwumunt Tumun ar otlmr
nviirlimtd or Luuhnl•nl ton111n; · · · · · · · · •
"8oclluno 3110(1!) nnd 02l{c) altho Slnfford 1\cl,
oJ2 u.s.a. ut4D(n),li107[al, nu!horlzn OHS In
fndoro!l7.u mmnbnl'!l or U8&!\ TDNk Jlorc!llllo
rmrllal nloln prnpnrodnuu uctJvllluo, Wo
~,~~~~!~~~~~'!:~~[;:~:~:,~~!~:~:::~bpnrUalpn!u In
· llijiiunj nii voliltitrinri:· · · ·· · · · · · · ·· · · · ·
•Cnupumtlvo llgruornunlo oro ulmllur !u II"'"'"•
bul dlffur frum ijriUtl•lntlm Alll<IUU( ll(llUVUrlllUOJI(
r.uopurnllon n"d In volvmnunlln tlm
llll!lltllnunlo!lon or tl1u •uroumuuL
"DHS onlom lulu n Pruvnrorlnulll! Coopuru!lvo
lluruuruonl wllb onch Spunsorlnll 1\goncy lo J>rt!VIdn
l'udnrnl C\Uullnglo duvulo[!UIItl mu!ntnln Sy•lum
ru11uumo (pornunnu!, oqulpmoul nnd •npplltllll
D oknown us
rnoblllwt!on nxomlnuu. urlttg tlumo porlmL<, thoy
11111 uot "II"Uvnlutl" w!Ulln U.n mmmlng nr §?.011.2 nr u ••. rulu und, lhorofuro, llm provlnlona or nubpnrl
C do not apply tu llHS.snnctlonod lmlnlua
UMnrr.l•nn. l'nndhlg ror pnrllcljm!loulu DHS-
unncl!onnd lndntnn uxurulltll!J muy bu nlllllloblu
1mdur ti 208,24(1>) or U.o rnlu.
!1184 Fadorn1 Rngisltw/Vol. 70, No. 36/'fhursdny, February 24, 2005/Rules and Regulations
Subpart C nddt•assas the doploymant
ol' System MembLII'8, althorn~ part or ll
'J'osk J?oma, u Joint Manngament Tham,
Dl' nnothnr ovcirhond or tflCimloal team,
ns n 11odarnlt·asourca, 1md !he
retmhursament of the SponnorJng
Agencies far Lhe ocal:s thnt they inour nu
n result or thGSB deployments. This
subpnrl nlso explnlnu lho Rooponua
Coopornlive Agroomunt that we will ask
aault Sponsol'lng Agency lo 11lgn
following ndoptlon of the finn) !'lila,
Subpat·t D estnblishos tho proceduros
by wl1loh SponsorlntJ Agnncies may
Jll'esaut claims to DHS "fol'
l'eimbutsamant of con!n lnouJ•tad whon
wo use System MemborH as Federnl
t•esout'lms, including tha Urnel'ramosln
which tho Sponsodqg Agencies must
present such claims, and prooedlll'e& for
nppenls, in writing and submitted
within GO days after receipt of.wrilhm
notice ofDHS's determlnntlon oftha
inilinl appeal, Tho timefrnmes and
procedures for appeals ore sot out in
§ 208.62, Appeals.
A glossary of defined terms thnt we
use throughout the Interim Rule nnd in
subpart A appears in § 208,2. A sub-
glossory of defined terms used 208.32
(subpart C) appears ln that subpart.
Soolionnl Analysis
Section 208,33 sets forth the
principles under whloh we will
ralrnburae Sponsoring Agencies for
participating in Alerts n 1U1d
Activntlons,1o Subsection (a) expresses
OUl' policy that participation in AleriB
IU1d Activations be Wl ouol neutral Wl
·possible to Sponsal'ing Agencies 11nd
Participating Agencies. Tills
ellhar till pat•t of n ~·o~k Jlorco, or nn pori
oJ n Joint Mnnagement 'fonm w· other
ovet'llllnd or loclmlcul tenm, wa uppolnt
lhem into Faden• I service na Bxceptod
Temporary Fedol'ul Volunl:aers und they
work unclor our dh"aotion 1md oontJ·ol
fot• tha dol'ntlon or tho deployment.
Howavat·, Systnm Mamhors who nra
regull!rly employed by a Sponsoting
Aganoy ·at• Purllolpatlng Agonoy t•etaln
lhah• conam•rant employment
rahtt!ouship with their uauul
amployars.l7 Tl1e mnlntananco of this
concurrent employment talntloru;hip is
n fundumanl:sl prlnoiplo oftl1a Notional
US&R Rosponse System, nnd dales fmm
the lnoaptlon oftha System. Wa adopted
the principle after commllnllona wlfJ1 ·
the Sl:stes, local governmente ond public
snfety employee organiznUans and we
intend It to proven! System Members
fi.'Om suffat'lng 11 brank in their service to
the usual employer while away on the
Fedet-al deployment. While on a Federal
deployment, these System Membal'll
receive pay and benefits fl'om their
usual emplo:yars during the Federal
deployment just flS they would if they
were not Aotlvated.
Saotion 208,31J(o) of thi! pad provides
that we w!ll rolmbmsa tha Sponsoring
Agency for personnel oosl:B that result
from the Activation and are conslsten t
with this rule. Tha Sponsoring Agency
is rl!llponsible for reimbursing lha
personnel costs of Its Participating
Agencies under the provisions of
§ 208.39.
aommilment Is critlcnl to avoid putting
local fire departmants, which are the
predominant sponsors o.fthe Task
Forces, at risk for tlte cost of providing
emergency servloas outside of their
respective jurisdictions. Payment~ ura
subject to 44 CFR part 13, particularly
§§ 13.21 (payment) and 13,22 (nllownble
coat). 44 CFR 13,22lncorporatea va.t'ious
Oft1oe or Mllllngement !!Jld Budget
(OMB) cl!'culnrs that address allowable
coal, However, if lhaL'a Ia n conflict
between this l'ti]B and 44 Cf<'R part 13 Of
the OMB Circulnra, Ibis rule controls.
Sactlon 208,39 explains how we will
oompensata Sponsoring Agencies for
pursoonel coslll dul'ing Actlvntlous.
When we daploy System Members,
Section Z08.39(b) of this pnrt speaks
to how we comperuate Sponsoring
Agenc!Gs for overtime costs that might
not have been Incurred but for the
Fadoml deployment. Section ?{k) of tl1e
Fair Labor Standards Aot (section 7(k)}
exempts public aaf1lty orgnnizntlons
· from psying"thair employeaa overt!ma
under certain circumstances. As
interpreted by Department of Lnbor
regulations and court dacislona, the
section 7(k) exemption does not apply
unless tlla employee ln question is
trained in fire prol1lctlon, has the legal
authority and responsibility to engage In
fire suppression, Ia employed by a
public snfaty ugoncy engnged in firu
nupprasslon and aolttally ongages ln flro
suppression at least 80 percent of tho
f:lme.
Ill Alurl ruutntn Umutnhca o{ n S)1.rrtOIU rusnurcu'n
rondhm•• whon lrlnH•N•d by nn Al"''l Ordur
tndlcuUng lUtll DHS muy 1\nUvnlu lbo Syn\Om
rnnuun.n.
· tn';,r.llt1ctf/ilit iliniiririUniitltititO'nfnSy'sli,iti
ro:muwo plul>ltl nllbo dlmctlon, r.onlrnluml
fumllnn ufOHS lu ""I"'""" In, or In unUulpnllon
of, 11 jnv•fdonllul doclnrullon of n n1n!or dlunuluror
omn'liiiii!:Y uudur Um Slltlford At:l.
After ravlowlng Department of Lnbor
ragulations rulaUng to section 7{k] and
relavnnt court dec!slons, wa are
um:artnin wbather tho t'SScue actlvltlas
17lt\ .nomn CD.!fOA1 tim mlntruuoldp lmlwnnn Lhu
lndlvldunl und tl1n Stmnllortnn Auunny or
Plir!li:lj;itlli•il Aijoiiny Iii u CU!IInlt:lunl ralntlon•hlp nr
11 volm•tnur t'Olnllunnhlp. TlJDau <llJ:IIIuUon• da not
r:n.mtn o r.mumou lnw muplaymonl rolnthmnhtp
bnlwnun tnt !udlvftlunt nud u B(llllltmrluu ilunur.y <Jr
l'nrtlulJmllug lluunay wborononuolhorwlnn uxl•lu,
uuderl:itknn by Sponaorlug Aganc:iau of
Ute US&R 'l'ask Forces nre ltnl!logouu to
fiL'O suppression, Wa also noto tl1ut some
System Momberu will not full within tho
section 7(k} exemption beauusa thay uro
not regularly employad In f.'!ro
suppression. It would ba unfnlr 1:o
ornnpensatulheaa individuals nt one
overtime J•ate,·whanlallow System
MamllaL·s, who may ba volunteers or
pnrt-tima fira service employoGs, o:ro
compensated at another overtime rate.
Fm• these reasons, DHS lnsl:ruols the
Sponsol'lng Agencies to d lsmgnrd the
ueotlon 7(kl exemption when calculating
ill! reimbursement for personnel 0011t1!,
and reimburses Sponsoring Agencies for
rogullll' wages nnd overtime wages as
described in§ 201l,39(d), (a) and (f],>ll
Tbia lnsb:uotion wlllnotmeate a
windfnll for Sponsoring Aganolaa and
Participating Agencies because they
cnnnot ohnrge DHS for parsonual ooal:a
in axoess ofthosa that they actually and
nol'mally incur.
Section 208,39(e) of thla part
cstabllahes a uniform 24-hour tour of
duty durlng the Federal deployment.
DHS will reimburse tl1a Sporuorlng
Agencies for 24 hours of pay for eaoh
day that a Sy.stem Member Is deployed,
li.'!Jm his or her arrival at the Point of
Assembly 10 until his or hfll' release from
duty, which may be the ai~port or Air
Force Base to whicll the TaskForce
returns, or at tho Task Force's original
Point of Assembly,20 or some other
point. This reimbursement procedure is
known as "portal to portal" pay.
We are not astabltshlng e. differant
rate of reimbursement for meal periods
or scheduled sleep periods. Once
deployed, all System Members must be
available for Immediate respqnae
twenty-four hours a day during the
entire deployment period. Maal periods
lllld sleep periods will be interrupted If
Syslem Members ru·e needed to engage
in vital lifesaving activltles,just no tltey
are in the firalmuse,
Search and rescue professionals
whom we expect to t'BSpo~d on n
mome11t's notice at any time during a
24·hour period should be oompent!f!lec1
for 24 haUl's of work. Activated 'system
Members oftan work Uta first Z4 to 46 ·
lmm·s of the Activation continuously, as
"5oallon ~IIU,4C{b) nddrDll•on rolrubunromnnl for
vnrloUII dlffurunUulo jldld by Spon•orlng An•nd••·
"Curtuln 11c\lvn!ud Synlum Mom born will nol
roporllo n Pohtl of 1\nnurubly, bulrt~thor will bu
hwlruetod lo tnwu! lu U.ulnultlo!tl !oentlun dlroctly
fmm Uwlr bnmu or 111nuln• jl(UQ<J of work. 1'buno
lndlvlduuln urnllcllvt~lud whun limy luuvu tlulfr
homo orT!Ijlulnr plnr.o afb11ulno,. nnd WI! will
odjns!!hn "portnllo porlnl" pny Of lli!ll!U · • •
lndlvtduuln nncutdfnuly,
"''l'hn Pnlnt of A•uumh!y In tim IO!l11Uun wbnra 11
'l'onk Faron nnvamblun bufaru dupnrlnro In rtlllflunau
lu rut uctlvntlon orrlnrt
11eclernl Rugistnr/Vol. 70, No. 36/Thursday, February 24, 2005/Rulaa and Rngulntions 9185
this lntliul parlod Involves packaging
the Tn11k J'lorc:o fm• tt'!UJR(IDI'l, lnndlng
nucl unlondlng oq~tlpmnnt, n!tondlng
briefings, receiving nnd ndjusllng to
clmngooln operntlonnl obfaatlvos,
eu!nblluhlng the baua of opot•utiona und
lnltintlng thosaurch fur live vloUms.
Once the 6onrcl1 begin~. we control '!'ask
Fol'Ce uct!vltla~ dUI'Ing lho antlro 24-
lww· pudod and Tonk Ilorcas must be
nvollnhla for Immediate response at nny
tim a.
·Management 'l'enms and other overhand
or taclmlcullenms. All u 1'esult, tba tcmn
"System Mombel'" Is n moro ncournte
nud oompl'!lhenlllvalarm to daacrihe
whlollastnblishes a minimum hourly
wage for amployaas nnd 111quh'lls
omploym'll to !lilY ovat·tlrnu wugas fu1·
hours worked abovct the slntutol'y
maximum. It ls also l'fllnted lo the
Porl:nl·to-Portnl Act of 1947, which
mquiras thut time spent "walking,
Section 20il.39(g) pl'Dvldea for tho
reimbursement of DuckflJl2t mcponsos.
'fhe NnUonal US&R Response System
daponds upon UJ!l vohmlm:y
pnrtlcipntion ofpubllc safnly ngtmclas,
We l'acognize that these public snfuty
agencies may ba short-lmnded when
some of tltelr personnel ru:a away on a
Federal deployment. If n public safety
agency ord!nnl'lly Backfills n position In
situations where a regular employee !s
unavailable fur a perlod of tlma similar
lo that spent on a US&R deployment
(e.g., Family and Medical Leave,
participation in nn extended mutual aid
assignment, injury or disabilit.y}, then
the public safety agency may bill DHS
for the cost of Backfilling the position
for the period that tho regular employee
is away on a Federal deployment,
Howavar, wa will only reimburse Ior the
incremental overtime salary and benefit
expenses associated wlth tha
replooamant employee, We will not
reimburse the Eaokfi.ll!ng agency for the
regul!ll' salary and overtime cost of the
replacement employee because the
publlc safety agency would have to pay
this cost if the Federal deployment had
not occurred.
Pnblic Comments on the Proposed Rula
· During the oomrnant period on the
Proposed Rula, whlch closed on
February 3, zooa, we received a number
of comments. We summarize the
comments nnd om· rasponse to them In
the matarla!s that follow.
Usage of Terms in U1e SUPPLEMENTARY
INFORMATION. We racalved comments
concerning the lisa of the torms "Task
Force Member" nnd "Syatam Member"
In the SUPPLEMENTARY INFORMATION to
the Proposed Rule, fn the
SUPPLEMENTARY INFORMATION lo tbe
Proposed Rule, we used tho tat•m "Tusk
Force Member" to denote Individuals
who respond aa poJ•t of the Natlonnl
US&R Rasponsa Sy!ll:am, Howovar,
lndlviduuls wltn llllrtlr.lpnto In Sy11tom
uctivltlen, and tho hllm "Tnak Foi'Oa
Member" Is bust used to daijcl'lbu u
Syalem Mambar who Is A!llivntad liS
part of a ·rusk Jlol'OB, We hnvo corrected
the usnga or thooe terms In llw
SUPPLEMENTARY INFOAMAIION to tho
fntorlm Rule,
In oarb!ln pnrts ofthe SUPPLEMENTARY
INFORMAnoN to the Proposed Rule, wa
nlao uned tlwlat·m "US&R Task Pores,"
rather than "Spnn6orlng Agency," to
denote !he agency or entlly with which
DHS has e·nterad Into legal and flnuncinl
agreements with respact·to the US&R
Task Forces. Wo have correc:ted the
usage ofthesa terms In the
SUPPLEMENTARY INFORMATION to the
Interim Rulo.
Finally, in tha SUPPLEMENTARY
IN FORMA noN to the Propos ad Rule, WB
d~scribad the ralmbursilbla period
dUI'ing an Activation as ending when a
System Member returns to tho pre-
deployment staging area. Thls
description oonflicts both wUh stnndnrd
terminology nnd the reality oi System
deployments. A more accurate
description of the duration of the
raimbursabla period during nn
Activation is sat forth in the Intarim
Rule,
Eligl'bili!yfor Reimbursemant and
Cavarage Under Ftlderal Statutes While
TravelJng to and from tha Paint af
A.~sembly. One Tnsk Force commented
on the time period that we propose to
pay System Members, namely from
nrrlval at the Point of Assembly unttl his
or her release from duty, which may be
the airport or Air Force Base to whloh
the Taak Foroa mfums, or at the Task
Force's original Point of Assembly, or
soma otlmr point. Noting that some of
its members live 2 or more lwu:rs away
fwm tho Point of Assembly, the
Sponsoring Agency t'lllmblli'ses
members li.•om the time that they am
nlertGd to the time that they return home
(lnaluding l!!tvt!l mlleago). ·
Respansa:This question hns two
aspects: (1) Reimbursement for tima
spent traveling to and from the Point of
Assembly, and relmbursemonl for travel
mllongo while traveling to and from the
Point of Assembly: and (2)
conalderaUon of time spant tl'!lveling to
and from the Point of AssemlJly ns "!n
rldl ng, or traveling to nnd f1'Dm Ute
actual plnoa of pad'ormanoe of tho
pl'lnolpul nctivlly or uotlvltiea whloh
uuah employee Is em1lloyed to pe~l'orm"
Js not compensable time utlder the
J:i'LSA unless II Ia cornpennnble by
contract, custom, or practice. 'l'he
general Fedm•ulrulo resnrdlng travBI
mileage Is: commuting to and from
wm•k, that Ia, botween permanent
l'llRidence und permanent duty station,
Is a personal expanse. The employee is
expected to be ot work: how tha
employee chooses to gat tlHlre is entirely
hts or her own tiusinesa. 27 Camp, Gen.
1 (1947}.
There are exceptions to tba general
rule if the ll'llve\ ls not ordinary and is
spent outside th!i workday to and from
job asslgnman·ts. Exnm.plea include
substantial travel to an emergency job
assignment at a location outside the
normal workplace, or the employer
requires lhe employee to be "on call" ta
respond to emergency Job assignments.
A corollary of the "substantial travel"
exception ia that the trnval is
noncompensable if the amount of time·
speut traveling ia minimal,
On reconsideration of OUI' position,
we w!ll reimburse certain travel costs
and time spanttravellng to the Point of
Assembly when a System Member
responds to an Activation and must
travel a considnrablo distance or time, as
determined by mrs on a case by case
basis, to reach the Point of Assembly.
Otherwise, we will follow tha gen!!ral
nlle ragnrding noncompensable travel,
including minimal travel. When we
activate n TaskForce or other System
resoUI'oe, timely assembly of the Systam
Members is crltloal, and under those
oimumstnncas warrants our exception to
the general rule, This exaeptlon will
apply only to Activations, and will not
apply, for h1stnnca, to.Alerts, to travel
home after return to tho Point of
Assembly, or to tt'llval required foe
training, which wa comider lobe
ordinary noncomEensable travel,
In the Course ot Employment:
while most pnrtlcipnnls !n tha System
respond as pnrt of a US&R 'l'nsk Force,
purliolpanl:li In the Syatum may nlllo ba
culled upon to serva·on Joint ·
"Oe~uk/lllmunun thn jllll'liOIUIUlj>tiiCUcu or
lumpornrlly tnj>lntlllgn pnroon In !Jia ur hut uoutd
lu!lllllun wltb nuutltur punun.
the course of employment" fo1• the
pm•ponrw of workers' oompansntlon (for
,lnJ~u·Ie~ !ill~t\llf!et)l. ant\ to1~ liability (fo1·
civil wrongs or llarmn cauaed} dut·lng ·
that travel.
Reimbursement; Thls Jusue is t'lllnted
lo the Fnlr Lnbor Standards Aut (JlLSA),
Ordinary lravol to and from n fixed·
workph.1ca Is generally not within the
scope of employment for WDI'kers'
compansntion pul'poses, under the
"going and coming" l'Uie. Under the
rule, arnployee8 wilh a fixed workplace
· artf i::o've1'0d by·workai'll'·companaallon
only when they nre on their employer's
pt'flmlsali1 or pcwformlng nn nmdgnment
I'llquh·od by the employer. One of !he
D11l0 Fudm·ul lt(tgir~tet•/Vol. 70, No. 30/'fhursday, February 24, 2005/Rulas IUlcl Reguluilons
01111 commentet•raccnnmandad tbnt
DHS h1oluda n daflnltlon of "Mflllutod
Mombm'." The cqulvnlent tet•m ls
defined at§ 200.32 ns "Afl'illntod
Personnel."
oxrmptlons to tho ceuot•all·ule of going
nnd coming I~ tmvel to und ft·om job
llflalgnmento, what•e tha ernployat•
compansutaa the amployoe for the tlmu
01' BX(l!lllSB or tlt!l !.ravel. ConHistent wllh
lhnt oxcapllon und o1!l' h1tant to
reimburse t111vel coots tmd Lima spent
h•uvallng to tbe PoJnt of As~embly In
raspon~o lo an Activutlon, on a oa~a-by
GUB!l boaln wn wlllmoat out• oblllJ!ltlona
rognrdlns workors' compensation olalms
thnt nrlaa oul of lnjurioo tlwt System
Members incur while ll'avellng to. 11
Seclian :wn.a, Syslum Rosotii'CB
RaJJOI'is. Dna commonter nolad U111t
Sponsoring Agoncy, Purtlolpullng
Agancies und System MambeJ'B lll'fl to
cooperate fully lnnucllts, invautiunttons,
sludles nnd avaluntion, ond nnkecl, "who
pnyn for aulury cost associated with
cliauhlecl while Aotlvatad would be
mrtltlad to banufils through tha ngancy'a
munioipnl pension progt•am, nnd
whether tha cleuth m·lnjury would bo
oonsldarad In tho It no of duty. We
intand thnt System Members ramnln
fully allglble for loc:ul banaflts during
Fedarlll A.ctlvntfon, nnd thnt, as n l'flault,
uny deutl1 m· tn]Ul'Y during Aollvntlou
should be aonaldm•nd to hnvu oocurrod
while Uto Systom MambarwllS noting In
the soopc of omploynumt.
Point of Assembly In L'Osponsa to 1111
· Aotlvalton, but for no othat• purpose.
Dnflnltlons, We rocolvod veverul
comments on the da·finitions in § 20ll.2,
and made the following chunges;
We chnnged tho term "Memorandum
of Understanding" to "Me.mornndum of
Agreement."
The definition fur "Bquipmant Cache
List" now reads; "The DHS-issuad Ust
thnt defines:
"(1) The equipment and supplies that
US&R will furnish to Sponsoring
Agencies; and
"(2) the maximum quantities and
types of equipment and sup piles that a
Sponsoring Agency m.ay purol1ase and
maintain with FEMA funds."
The c\eflnllion for "Participating
Agency" rands: "A State or Loon!
Govemmrmt, non-profit organization, or
prlvnte organization that hns executed
an agreement with the Sponsoring
Agency to participate in the National
US&R Response System."
One Task Force expressed conoern
regarding the definitions of "Progra.m
Manager," "Prog:rnm Office," ond
''P<oJact Ml.lllagar." We have decided to
rBtain the definitions of "Program
Manager" and "Program Office" as they
are. Currently, the Progru.m Manager is
the Chief of the US&R Section, which Ia
part of the Response Division of FEMA,
undat· U1e Emergency Pl'aparedness and
Response Directorate ofDHS, and lha
Progl'l!m Office Is the US&R Section.
However, these entities may ohunga us
the organizational structure of DHS
evolves, Wa will notify the Sponsoring
Aganolas if we daslgnllta o. different
Program Manager or Prosram Office. We
huva dnlatnd the dafi.n!t!on of "Project
Manager" from the definitions sat forth
In § 206.22, amoe that terms .appears
nowhere else In the rnterim Rttle,
We hove added the followinlJ
definition: "Prog!'oin Dkective means
guldunca and dh·aol:lon for IUJlion to
ensum consistency and slandurdizatfon
·sncro
1
.ss l.l~a1!'f1u1 tio!J.n1It:J~.&1~I~t<:~Pons.e ...
yn om. 1 s rap oces ua arm
"Syslam Order" in tho pl'Ollosad rul!EI
with "Pt•ogl'Uin Dlrectlvo'' In tha lntedm
rule.
gathering nnd processing the
informn:tton?"
DHS provides funding for pt'Ogrum
mnnngemanl in the Prepm•aclness
Coopal'!ltivo Agreement lo support
admlniHh'!ltiVe actlvltles, Including tl1e
salary costs for galhal'ing and processing
System t'!!acut'Ce reports.
Workors' CampBnsatian and OtllBI'
Benefit Cosls. Several Sponsoring
Agencies commented tltat workers•
compensation and other benefit costs
inom•red by Sponsoring Agencies as the
result of an injury or death to n System
Member are not reimbursable costs. As
sat forth in § 208.11 nnd explained ln
the Suppleman.tnry Information, DHS
will appoint System Members into
Federal service, concurrent with those
individuals' local employment, to
seoura protection for such employees
under the Federal Employees'
CompansntlonA.ct and the Federal Tort
Claims Act. If 11 System Member
su.stliins an injury, tl1at System Member
may fila a oWm for compensation under
the Federal Employees' Compensation
Act. Becnuse the Sy.;tam Member's
Fedornl appointment is concurrent with
his or her local employment, the System
Member may also be eligible for
compensation l.l.llder hls or har loon]
workers' compensation system. In that
case, the Systom Member may collect
aitber the inoramau tal diffemnce
between Fadr.uul banefill! and looal
benefits, or may collaot local benefits In
full, depending on whathar the local
benefits may be offset by the Fadoml
payment to tho System Member.
Fede!'a/ Doatl1 Benojlts. One
Sponaol·l.ng Agenoy asked how 11
"Fadernl death benol.'lt," If incurred,
would be calculated. Tho "Federal
death benefit" for Systom Mambel'll
comprises two sepnmta can1ponanta: {1)
A benefit payment under the Federal
Employaas Compansatlon Act; and (2) a
payment under the Public Safety
Officers' Benefit Aot. The death and
injury benefits nvntlable under each of
those statutes are determined using
formulas sat forth in those statutes.
Voluntmy Contribution to Municipal
Pension Plans. One Sponsoring Agency
askod whetl1er contdbutions to a
munioipal pension plan made
voluntarily by System Members during
an Activation. rather than oonlxibutions
made by the Sys tam Member's employer
under the terms of a collective
bargaining agreement or other
arraogamant. are reimbursable by DRS.
Volun:ta.ry employee contributions, as
opposed to ml.llldatory employer
contributions, are not reimbursable
expenses.
Contributions to the Pension Plan
Based on OverUme. One Sponsoring
Agency commented tbat andar its
benefits plan, salary Is defined as the
total actual fixed cash compensation,
including overtime, and contributions to
its pension plan are based on this total
salat•y, Including overtime. The
Sponsoring Agency asked whatlmr
conb:ibutions to the pension plan basad
on overtilil.!! pny received during
Activation reimbursable under this rule.
Under§ 208.40(a)(Z), these
contl'ibutions are reimbursable, As axplatnad !n § 20!1.40, DHS will
·ralmbm~a lim Sponsoring Agency for
the workers' compensation insurance
premium coots nssooluted with Lba time
during Activation. Howavar,nny loco.!
brmet1t payment is nola reimbursable
expanse, bacuuse DHS (Utrough tha U.S.
Dapurtment of Lnbor) provides coverage
under the Fadaral Employoan
Compensntion Acl, nnd baouuna we tll'a
pl'Ohibited under our cunant utululory
authority from rain1bnrBing Sponsoring
J\!l~!l.!)l.a~ fol:.th.a c_o~~s ,o_fba~~fit .....
poymen.a.
bootlt ot· DJsabiJ/ty in Line af Duty.
.. Cost Sharing. One Task Force
commented lhal § 206.ZB(fJ rafal'S to
"Cost Slull'lng" but makoa no distinction
between "hard share," I.e., cash
conll'lbutlona, and "soft share," I.e.,
other vulue·added banefll:l provided by
tha Sponnoring Agency. We do not
presently require Spooaorlng Agencies
to provide a oost uhnra, elthar hurd ot·
soft, for preparedness Ol' rasponoa
funding. Ploase note lhatseolioo
ZOO.ZZ(f) provldcH for oost sharing lf It
'ware t'aquired in tho futlf.11f; If WG WGI'll
to !natll:1.1ta n cost-shru·lng rtl'J.ulremant
in the future, we would clearly lndloola
in tllll Coopat'!ltlvo Agreement whether
Dna Pnrtlclpnting Agency asked
wh!llhm• u Syutem Momba1• ldl!ac! or
li'adornl Rogistln·/Vol. 70, No. 30/'rlun'Sdny, 17ahl'Uary 24, 2005/Rttlar. and Regulations 9167
uuch oosl ahnt'll would he "hnrd" or · Sponsoring Agnnay rnr oomponni!tlon
"soft." pnid lo those individuals wh!ln
Equipment Owmwship. Sevaml Aotlvutad, Tha Sponuorlng Agency mny
Sponsm•lng Aganolas common tad thnt ohoosa to oompansnte thnso Individuals
However, the only }lormlsslble wny to
rolmburaa Affillnted Porsonnel for
Bnokl'lll costs !11 thmugh Pm'tlclputlug
Aganolns-nnlthar wa nor tho
Sponsoring Agencies hnvo conb·nclunl lha Propound Rule dons not nddt1JSS ntn hlghet'J'Illa, hut we wiU not
ownm·lihlp or disposition of ogulpmont t'llhnblll'nm thalncromant nbovo tha
purchased undel' this program. mnximum rni:B specified In the Table.
OMB Clrnulara A-IJ7nnd A-110 Likewise, the Sponsoring Agenoy mny
cr employment relallonuhips with the
lndivltlunls Bnoktllllng tbo joha of
Afl'lllnted Personnel. If reimbursement ~paalfy !hut equipment put•chnsed with ohoosoto entst•lnto 11 Pn.rtlciputing
lredeenl Grnnt funds Is tho property of Agenoy a(ll'llDmont with the indlvlduul'll
tho grantee. Howevel', title, usa, employ!lr, rather than use the indivldunl
for Bankl'!ll axpanr.en Ia 11 problem till·
Affiliated Personnel, wa llllllOUI'IIgn them
to have l:ltalr employers ot• pmfnsslonal
association seek Pmtlcipaling Agency mnnngument und dlspoallion of flS nn Afftllntad Porscnnel, In whloh
equipment purallllsed under a grunt or case the Table would not apply.
Goopat·ntlve Agraemont Is set out In 44 Consequently, only u Sponsoring
Cli'R 13.92, n govammaut-wldot•ule to Agency's choice to exceed the
which DHS ndhet'es. \IYhlla the mnxlmum rates sat forth in the
. Sponsm·lng Agency has title to uny Mnxlmum Puy Rate 'l'ablo would l'esult
equipment purchased wtth Federal in un unoompensnlad expandltum, and
pl'llpnrodnass and response Cooperative tho Table would not vlolnto the
Agreonumt funds, DHS reserves the pl'iuclple of cost neutrality.
alnlus. Participating Agency status is
avn!lablo to privata, for-profit
01-ganizations under the revised
. definition of "P!ll·ticlpntlng Agency" sot
forth ln this Intarlm Rule. (Sae
· Definlliona, § 200.2, Pal'licipaling
Agency, and§ 2011,12, Maximum Pay
Rate Table,) Nota, l10W!IVBl', that
right to IJ·nuafer title to !he Federal A number of parties expressed
Government or a third pru:ty that we tl l bl ld d may name, under 4 4 CFR 13 ,32(g}. DHS concat~l tat t te Ta o WWl not prov a
compensation ooata, Pol' the purposes of
xelmbu.r.semant and llaokfill, refer to the
System Member's actual oompensatlan, would ganru:a!ly expect to limit its concurrently with the publlsblng of tho
axarclsa of this right to inslanoas when Proposed Rule. Wo chose not to delay
a Sponsoring Agency indicates or the Proposed Rule until the Table could
demonstrates that the Sponsoring ba developed .. We have insat•ted n·naw
f: 1 section 208.1,2, Mnximum Pay Rate
Agency cannot u fill its obligations Table, to Wltablish the process for
under tho Memorandum of Agraamllnt. creating, updating nnd using tho Tabla. Maximum Pay Rale Tabla. Wa
received the most number of comments We am also publishing the Table as a
or the compensation ofthe Individual
wbo Backfills a position (which
. Includes salary and benefits, llS .
described in§§ 208,39 and 208,40),
rather tha.n blllabla or other rates that
might be charged for services rendered
to commercial ollents ar patients.
concarnlng the Maximum Pay Rate Notice in the Fodarnl Register and are
Tabla (Table) Identified ln the Proposed asking for comments on both !he In tarim
Rule. For clarity, we sat forth hero tha Rule and the Tallie before publishing
Creating, Updating and Using the
Maximum Pay Rate Tabla. We have
inserted a new section 208.12 in this
rule to establish how we will create, upplicnbllity of the Table and the the final rule.
process we will follow fOl' cmating and One Sponsoring Agency expressed
updating the Tabla. concem that tlte rates set forth in ·lha
Section 208.32 defines the "Maximum Tabla could not be used with respect to
Pay Rata Tabla" as "tlta DHS·issued individuals employed by the
table that Identifies the maximum pay Sponsoring Agency, and not when t11e
rntas for selected System positions that individual would serve on the Task
may he used for rolmbursemant of Force as Affiliated Personnel (e.g., a
Affiliated Personna! compensation and. Sponsoring Agency fire dapnrtment
Backfill for Activated S}'lltam Msmbers dispatcher affiliated wlth the US&:R
alll.(lloyed by or otherwise associated TaskForce in a non-dispatcher role as
with a for-profit Participating Agani::y;" a canina·sea.rch specialist}. Although the
In that ~rune section, "Affillatad Tabla would not neoaasarlly apply to
Personnel" are defined as "lndlvlduals rairobursamant for salary nnd benefits
not normally employed by a Sponsoring r-or that individual, Sponsoring Agencies
Agency or Parl:icipeting Agency end may usa the rates in the Table llll n guide
lndividl!als noJ:mally affiliated with a fol' establishing compensation levels for
Sponsoring Agency or Participating Affiliulad Parsonnel.
Agency 11s volunteers." . Jlffillated Personnel. Sevet'!ll
One Sponsoring Agency commented ·OO.rnmanters noted that U1cruie nun be
that l:lm Tabla semnad lc oontrndlot the interpreted to pmclud!l the
principle of cost neutrality sat forth ra!mburuament offluckfill axpansa6 for
pmm[nently in tl1a Proposed Rule.· AFfillutad Personnel tuldar § 200.39(g).
However, as deElned, the Table npplies· Those common tars expressed nonoern
only to those Individuals who at'S not that, since the higbiy-trnlnetl olvllianu
norm11lly oroployed by a Sponao1·lng such llll physicians, slructw·alangineers
Agency ot· Parliclpatlng Agency, or and cnnlno Jmndlet·s are typically
who8u affiliation with u Sponsoriug Affillnted Personnel, reimbursement for
Agency or Partlo!pn\lng Agency !s ns a. Backfill expanuaH In lmporlant lo
vc!uni:Ba1': tbnt Is, nn Jndivldunl whom securing the pnrllolpatlon of these
.Al!!!! .. ?P.!"!!.l1~o.!'1llil.t-!l!3.fiCY. ot·J:'.I.trt!o.ip!lli!Jg. individtt!lls in tho System. Tho
gancy c oo11 not normally companuule · ·i·ii.oitHctlor! oil Bai:ikl'lll'ooiil:ii foi' ·
In nny way, nt any rnto. Affiliated Personnel could limit the
'rho Tnola seta forth maximum ratau ublllly of Sponsoring Agenules lo morult
For which wo will mlmburne tbo nod rata[n these highly trained clvlliuna.
update and usa the Tahla to reimburse
Afflllated Personnel {Tnsk Force
Physicians, Tll!lk Force Engineers, and
C!lllina Handlers) and Baakfill fur
Activated System Members employed
by or otherwise associAted wlth a. for·
profll Participating Agency; the Table
appllaa only to these nruned categories,
Section 206.12 describes the method for
determining maximum pay rattle using
United States Office of Personnel
Management's (OPMJ salary rates, and
provides links to OPM's applicable
salary rate tables nnd locality pay lubles,
The section provides that DHS will
mview and update the Table
padodically (at least annually). mrs is
publishing the lnltlnl Table in the
Federul Itoglstor as a Notiua with
.request for comments. DHS wlB publish
subsequent revisions to the Tabla as
Notices in tha Fodet•nl Rugister.
The section further stales that n
Sponsoring Agency may choose to pay
Affillatad Personnel at a higher t·ate, but
DHS will not reimburse the Increment
. above lite ma.'Cimum l'!lte specified In
the Tnbla.
Rasupply orrd Logistic• Gants Dudng a
Federal Activatla11. One Sponsoring
Agenny noted thnt, undal· § 206,30, we
'wlll"iioh'iiltiiburHifcosls inourt·od· fat· .. ·
rarupply and loglsti!llll supporl during
Activation. Thnt secllon stataa thnt
resupply and loglatloul 11upport naodad
018D 1redaml Reglstur/Vol. 70, No, 36/Thursdny, February 24, 2005/Rulas and Regnlu:tlons
during Aolivution n1'i! the respotisibillly
ol the Jolnl Manugament Tenu.1 (JM'l'),
'l'he Sponaot•lng Agency askad, "Whnt
bnppans !ftha Tncidont Mnnngemant
'l'aam [now the JM'!'I cnnnot bo
Ofltnbllshad7'
olusliiflod !Ill Exempt Sysl:tlm Mom bora)
purttclpatlng ns System M~nnborn,
'l'hat·a are two guiding pt•lnciplmt
uudm·lying Otlr COU11Jlll1&nlion
cnlc\llntlon rulan: {1) Costnoub:nlity;
und (2) austomru·y and usunl pt·aotico.
Dul'lng Activl\l:lon, wam·a rollponslhlo
rol'l'llSUp]lly nnd lojllsllos. CUI'fll11tly, we
nccompllah tl!is maponslblllty through
either the jM'l', which operntos In th;
field, or the Emergonoy Suppm•l
Funr.:Uonll (ESlL9),a2 whiclt operates
from the Nntionnl Emat'gnncy
Operations Center, an omorganc.'Y
oom'Cllnnting oentel' locntod nt FEMA
headquartm'S, AB DHS davolops and
ovolvos, wo may nll!lngG tho numas or
functions of U1eaa tellllls: however, lim
responsibllity for l'asupply !llld logisli06
will remain with us, Task Forces should
not angaga in resupply or logislicnl
support during Aotlvnlton unless
coordinated through one of those teams. rn extraordinary olroumslancas, e.g., if
the Task Force c!lllnot make contact
'rha oompenunllon onloul!tUon sjllltom
for Exempt Sysl:tlm Mombors oompllas
with both of these prlnatplas, If nn
lmllvlduolls .aJa.qsJflad as nn Exempt
System Member in hla Dl' her regular
posilion with tho Sponsoring Agency or
Plll'ticlpatlng Agency, then this
lndlvldual will reoolvo oompensnllon on
a daily basis, ratlla!'thun an hourly ·
bosls, reglll'dless of the number of hours
tha lndiv!dunl works Inn day, The rule
oooverllng their hourly wage ml:tl to n
40-hout•workwaek, resullaln
npproxlmntaly 40 percent lllgher coats
dul'lng Ac:llvntlon. Stlaneorlng Agonoloa
and Purtlolpntlng Agencies tlmt
compensntnnmployaas bnaod on n 56-
hour workweek take ndvnnlnga of the
pw'tlnl ovarthua exemption uot fot'l:h in
sautlon 7(k) oftbo Foh· Lubor Standards
Act. As !!Xplnlnod lull'ein, we requl!u
thnt Sponsol'lng Agencies and
l'artiolpatlog Agencies disregard the
saotlon 7(kl perUnl Gxem[Ytlon In
ooloulnl:ing personnel costs, and we wlll
reimlmrse porsonnal co!ll:.!l bused on a
40-hourwodc weak. as descrlbad In
§ 208,3!l of this rul!l.
with oitlmr tho JMT or tl1e EST, the Task
Farce should follow !:he instructions in
§ 208,44, Reimbursement fut• other ooBt:s.
Absent such clroumstnnces, we will not
reimburse costs incur.rad for resupply
and logls!lcal support during
Activation.
Compensation for E11ampt System
Members. Several nganolas commaoted
on the proposed reimbursement for
compensation paid to Exampt System
Members, i.e., System Members who IU'a
paid a salary, rathar thun an hourly
wage, and IU'e otherwise exempt from
!he Fair Labor SlandiU'da Ant. Ona
agl'mcy commented that reimbursement
far Exempt System Members should be
basad on the employees' salary,
converted to a4D-hour workweek and
then paid at !hat ral:tl on an hourly basis
during Activation. Another agancy
commented that ths different methods
of compensation calculation for Exempt
and non-exempt Syatem Marnllara will
J'll,qull in non-exempt System Members
l'ece{vlng u graatar amount of
compensation during Aotlvatlon than
Exempt System Mambera, wlm ru:e. .
lyp icnlly mora experienced firefighters
holding higher ranks ln the Sponsoring
Agency or Participating Agency. This
agency spaouluted that the u1othod of
compensation calculation used in tho
Proposed Rule wottld rest!llln fewer
cblef offlcars (who ere lyplcnlly
11 BSI;-u~ flr Umuruonr.y Suppuri Pwu:Uon Dt
UrluU! Suorc:lt """ nuucuu, lu rtllljlOUBiblo to lllnn
nml cuunUuuto Lha uuo of U.rbnn Sanr·t:lt uml lttmrmn
IIIIDUiff fullowJnn tm ovunlt.hut roqulrua lut:nllnu,
pi'Ovldas reimbursement to tl10
Sponsoring Agency or Participant
Agency on this besls-that Is, for tbe
atuount that !he indl vidual would hnve
cuatomnrlly and usually received. If the
Sponsoring Agency or Participating
Agency customarily and usually
compensates llxampt System Members
by P!lYlng a salary. and overtime, or
customarlly and usually awards
compensatory time o:r another ovettlma
substitute for hours worked above a
predetermined threshold, than the
Sponsoring Agency IIlllY request
reimbursement for !he overtime ,amount,
or !he liquidal:tld value of the
compensatory time or other overtime·
substitute, in aocord!Ulce with
§§ 20B.ll9(e)(6)(ll} !Uld (Iii}. In this way,
this rule abides by the principle of ooat
neutrnllty. .
One Sponsoring Agency asked that we
eX!Il!liDe !he feasibility of giving
Sponsoring Agencies the option of
having chief officers appointed ns
Disaster Assistance Employees (DAEJ
(temporary DHS employees) dwlng
Activation. In !:hut oase, those officers
would be temporary Federal employees,
would probably taka n reduction in pay,
and would tnka vacation or
administrative leave from the .
Sponsoring Agency or Participating.
Agency for !:he pet'lod of Activation, In
turn, a DAE appointment might nffuct
their pension and seniority rights, We
believe lhnt dJsndv!lll tagas of.JJAE
appointments outwoilili nny benefits
thnt chief officat'll might cladva, end thnt
the current language of this rule
coDcernlng Exempt System Membet'S
represents the best general p.rnctloe.
One Sponsoring Agenoy notes that the
oalculation of mimbtli'Bnble personnel
costs will plaoo an axtra burden on
payroll stuff, and there will most likely
be personnel who will be ollglble for
overtime compensation hnmedlately
upon Activation since they have already
exceeded the overtime thmshold for that
weak. We have included nn
admlnisb:atlve allowance in the
reimbursamenl for response costs, found
nt § 21JB.41, to oompensal:tl tl1e
Sponsoring Agency for this Increased
burden on payroll staff. We also provide
for reimbursement of any additional
salnry und overtime costs in§ 2011.39(.f}1
e.g., those in=ed because a Systmn
Member is eligible for overtime
compenalltion immediately upon
Activation. · · ·
Reimbursement for Ptn:sonne! Costs
for Equipment Cache Rehabllitotion.
Under§ 2011.4!1, we will reimburse
. Sponsoring Agencies for personnel costa
B.llllociated wll:h equipment Cll.Cba
rehabilitation up to the ·number of hours
specllied in the Demobilization Ordar.2•
One Sponsoring Agency stated that the
number ofhoura specified In Uu1 ·
Demobilizatlon Order should be en
estbnal:tl only, rnthet· thnn n fixed limit,
!llld asked whether.l:hero is an appeal
process fur tha number ofltout•a
speoifiad in the Damobilizntloo Order,
ur !Ulo!her mechanism for requosUng
additional hours basad on unforeseen
circumstances. There ls no appeal
process for the number of hout'S
specified in tho Demoblllzntion Order,
Howavar, ir the Sponsoring Agency fuels
thot unforosoen clroumstnncea will
prevent It from completing ita
equipment cache rohubllltatlon wilhln
the I<'PilCified number of hours, the
Spouaoring Agauoy should follow the
· i•xliltinlliijfiitid tlfiiirlrllii!i. f1iiiiiridliilii' ililidliinl ·· ·
lnmlnmnl of vlcllmstrnppod In cnllnJHrud
nlnwtumn. !i/lF-n !tiRo pmvldnn l'lnunlnf! mod
IIOilrdlnntlon orUS&R Ul!BDIO whau !hoy t!UUHB•ln
nlbur dluu:Jtnr-n!ftltntl ;uwlon11tnnln.
One Sponsoring Agency naked
wheUtet•, under§ 2.06,39(e}(3), chiefs
c01upenanted basad on n !ill-hour
workwaek should be converted to n 40·
hour workwaak fur purposes of
calculating reimlmrsnble compensation
· iiiidai' tliii i.1tl6; Tbls Spotiiu'Jrliiii'A[ietiey · .. ~ ~ ~";;;~;;,;1;;1j~,; ~;du; ht. DBa
also noted that compensating ool!lnnuu<JUUon thutlurrulnulou nn fllurl ur
lndlvldunls who cu.Ytomru:lly and ActlvnUon nnd lrhmllfim• oont nnd Umu ulluwnmwn
usually work n fiB-hour workweek, by for rnbublllwtlou.
11cdorul Rogi11tor/Vol. 70, No. 36/Thul'sday, February 2•1, 2005/Rules nnd Ragulntiom 91ll!l
p1·ocadures In !I :wn.44 For
rulmbnrsemant of othel' c:osts,
Rsimbw'liument for 01/!ar Gosl.~.
Santion 201V14 Balllu procedure for
Sponsol'lng Agnnclas to follow i'f the
Sptmsot•lng Agcmc.'Y or tho Tn11k J.i'm•cn
baliaves that it munt incur nn expanse
not Included In I!Ullpurt C for which It
axt>ecta lo raquest raimlmrsement.
Secllon 208.44 raquh'Os l:hnt the
Sponaorlng Agency raquant in wl'l ling
permission fl'om DHS to mnke tim
axpondltura or, if ndvnnoa parn1lnsion in
wdting Is not possible to obtaln, to maet
tln'lla crltarln befot'C mnking the
expendil'ura, Including requesting and
mceiving advance, varbnl11pprovnl,
· cun exoaed $1 million, nn odvl!nrJo 11p to
76 percent of lhnl amount still laavos
thu Sponsoring Agunc:y with
approxlmutaly $250,000 in outlnys for
paraonuel coat~ fm• which It mu•t wnit
Iol' up to 120 dnya OJ' mm·e fol'
Agonoles often do nolaubmil claims for
l'almbursement In a timely mauna•·· 1'hls
landenoy intm•fures with our nblllly
ndmlnlutl'Ut:lvaly to ''oloaa out" tl1a
accounts we .set up for o!lOit mnjor
dlnusler or omargam;y, and also msultu
in Sponsoring Agencies carrying
1llll'llhnbut•11ad cosi:B for 1ongel' periods of
time, We bellava thntil lslmttorto
require submission of claims l'ot·
reimbursement wltltin 90 dnya of the
conclusion of the Activation, while
pel'mltling Sponsoring Aganoies to
One nganoy commented U!at'dlirlng
nn extrema mnargancy, in pa1•tioular
during the initinl24· to 48-hours of an
Activation, it c!ln be dlfflcu!t to obtain
written or verbal approvals, and that
pemonualauthorlzed io approve
expandiluras are not avnUable 24 hours
a day dl!l'ing this padod, Moreover, this
agency commented that Joint .
Management Teams, in the past, have
)aft requests Cor resupply unanswered
for extended pai'iods of time, The
agency racommcmdad that we empower
Task Force Leaders to make
procurement decisions.
We fuel that ·this comment addresses
operatlonal problems 1uther than
regulatory issues. Many of these
pmb!fllllS wlll be alleviated by the
cons!ruction of the new DHS operations
center that will be staffed 2.4 hours a day
dlll'ing an Activation, end by assuring
that them is at least one person on duty
in the operations centlll' who holds
delegated authority to nuthorlza
procurements, Moreover, the revised
Equipment Cacbe List 24 provides for
the purohll8a of multiple, hack-up
meU10ds of communication: to assure
that Task Forcas can comm unicale with
the operations canter under any
circumstances, We believe that thn rule
controls the costs lumoclatad with
Activation and Hmita duplicative
procurement without compromising
respondar snl'oty.
· AdVGnce of Funds. Section 20ll,45
etal:os that Wll will provide the
Sponsoring Agency with an advance of
funda up to 76 pat·cent of the cistlmatad
pal'!lannel cauls of the Activation.
Sevel,'!l] nsanoles oomnumted that wa
should lnct'onna this omounl to 90
percent of tho o~tlmntad pm•sonnal
coats. Thaso nganclos comrnonlod that
since pai·notmel costs oflm Activation
raimburoemen!:. 'l'ha flnanotnllnuden of
thesa outlnya would bo compmmdad In
tlw avant of multiple Activations wllllin
a relatively uhort Uma poriod.
Wn bol!ava that up to 75 pel·oent is the
opllmnl amount for nn advance of runds
bea!luse lt balancea the need for f11nds
agnlnlit the poss!billty of overestimated
funds. As ana commanlar pointed ou~
for many years we did not: provide nny
advance of funds, and for more recant
Activatlonfl we provided an ndvanoa
eqll!ll to 25 percent o1' estimated
parsonuel cosi:B, The amount "up to 15
pemant" Is n result of our examination
of parsonnel cost data from a number of
previous Actlvnllons, It also reoognh:as
the financial burden borne by the
Sponsoring Agencies In cari'ying, aven
· temporarily, these aqdlttonal salary ·
costs. However, Activations often last
fur a shorter period of time than we usa
to calculate tha estimated personnel
costs fur the Aotlvution, as was the case
recently with Hurrlc:ana Isnbal when
teams were activated fur fewer than 'l
days, & one COilllllenter pointed out,
some parcantage of pemonnel costs may
be questioned and ultimately
disallowed as a result of the
teimblll'sament review process. For
these ransons; nt this tlma, we bellava
that up to 75 percent of estimated
personnel costs is th.a bast amount for
an advance of funds. We expect to
review Sponsoring Agancies' experience
parlodioally under this provMon, and
will make rnvlsiol18 as warranted.
Deadline for Submission of Claims.
One agency commented that the
deadline for submission ofclnims comes
too soon after an Activation has ended.
Currently, § 206,52 specifies that
Sponsoring J\gencias must submit
claims fu1• raimbl!l'sament within flO
apply for 30-dny axlanslona nt their
option.
Raavaluation and Potenllol Rsvlslon
of tlte Rule. One agency commcmtcd that
we should provide a dnte cettuln for
reevaluation and potential revision ol'
this rule. Tho agency believed that
providing this data oarlaln was
important because soma provlslonn of
the rule will require additional
discussion and development, and other
. issues may arisa after tho rule ls
lmplomantad. Wa do not bali eva that
there Is a need to provide a data certain
by which we will reevuluate and, if
necessary, revisa the rule. However, wa
will work with our State and Local
Government partners through the
National Urban Search and Rescue
System Advisory Committee and its
Legal rssues Working Group to evaluate
this rule, measure lts efficacy, and
develop revisions 11s nocesstU'Y·
days of the conclusion of the Aolivntlon.
Section 2011.52 also states thul DHS mny
extend and specify the time limitation
upon a wrltl:l:ln roquost nnd juntlfication
f1'Dm tho Sponsoring Agency, The
commenting agonc.oy noted that Jt could
take uumy weeks to obtain certain !tams,
ofbm because or manufnolurers'
lnvan(ol'y ai:Btuu, 'l'ha agency stnl:ad thut
setting n deadline of120 daJll would
obviate the naad for n Sponsot·ing
Agency to apply for repeated
Task Farce Leader. One Sponsoring
Agency commented that this rule
should Include 11 definition of the role
and responsibilities of the Task Force
Leader, the highest Jendersh!p position
on a US&:R Task Force. The commenting
agency sl:ated that "[t)he Task Force
Leader is the individual duclng n
deployment who is in control and
responsible for lha entire Task Faroe, in
addition to reporting to FEMA (whether
the FEMA Emergency Support T!lam
{EST} or tile JST [now JMTI the Tosk
Force Lender is U1e lndlvldualthul tha
Sponsoring Agency designates to
I'll present the S ponsorin!J Agency both
:flnnnclnlly nnd logelly while the Task
Force 111 deployed."
extensions.
" 'fho Egnll?rmml O!rr.lm UNlla U10 OHS-lunuud
llul'!llhi'dii!l•ioi:ii (n) 1'lii•'iiiiidjiiioi•iit 'mid fiiiirl•tloo · '
that US&R wlll rurnl•u to llponoorlnn 1\nnnclom und
(h) tbu Ulfl:dlU\\111 qtUmliUtt!i nutlly,um uf UtiiiiJHUUnl
mod oUfllllloolhot n Sl!anuar'lnn 1\gouay mny
fliUm!IIS!l """ '"''"'" II wltb OHS rundu.
Wa ballava lhultlm 90-dny llmof1·nme
, for aillinililslon; wltli 'tlia i:ij;iporluillty l'oi•
Sponsoring Agencies to apply for llO-cluy
oxtenRicmn, iu the boll:ar polloy. In the
past, wo found that Sponsoring
We feel that the roles and
rosponslbllities of U1e Task Force Lander
shoulcl not be included In the rule. We
]mve developed and published 11
Posllion DeBorlptlon fur tho Task Force
Leader, end have dasol'lbed the roles
nnd responsibllith1a of tho Tank Foroe
Lender in several opemtional
documents. 'J'hesa descrlpUone may
ohangu over llme, nod we wunt to l'Gtain
flexibllily by lncludlng those
· diliicrtptltiiiir h'l'trp'lii'ltl:ltii!ill doou'rn'tmtH
rnthar lhan in tl1e rule. Moreovet·,
different Sponsodng Asanoles hnva
vested their Task Force J,andAra with
9190 Fcdoml Register/Val. 70, No, 36/'l'bursday, l7obruary 24, 2005/Rules and Regulntlons
dll'farent !ovals of lluthot•lty. For tlm~a
J"ansonu, we have not dofJnod the t•olon
nnd rospons!hilltlen oftha 'l'nNk li'orac
Lander In tho rule.
Usa af )i'odera/Jy Pwvlwserl
Equipment for Local U.'le ill Dally
OpamUons. One commantnr 110!:ad thnt,
In the Podarallem Summnry Impact
Stntamont lnoludocl with tl!a P1•oposad
Rulu, we staled thn! "Equipment nnd
supplies pumhnsed will! Tlcde!'lll ·funcln
mny bu used to rcspo11d to state
cllt:osters Ot'llmorgcmclcu." 'J'he
commonlnr naked whathar thelnlanl of
tha rula wns to prevent tha usa of
fedarnlly purchasnd equipment for daily
opet'lltlons.
We lntrmd the System to provide n
Federal cnpnhllHy to rospond to major
disasters or amergenales involving
structurnl collapse, weapons of mnsa
destruction, or other incidents that tha
Prosidant dealnraa. A Sponsoring
Agency mnyuse eguJpmentand
&1.1pplies purchased with Federal funds
to respond to disaslerll or emergencies
requiring urban senrcl1 and rascua
response at the state and local level, and
lfnecassru:y, to repair or raplaoa
equipment so used Ill: the Sponsoring
Agency's expanse, However, we do not
intend that Sponsoring Agendas use
federally p t In
routina,da •
Indirect lng
Agency commented on our prohibition
of reimbursement fer indirect costs
related to response, and our 7,5 percent
limitation on indiract costs related to
praparednnss. The commenting agency
noted that this limitation on indirect
costa is inconsistent wlth other FEMA
programs IUld diverges from standard
Federal indirect cost parcentages, The
commenting agency stated that thiR
limitation could threaten lhs ability o~
that Sponsoring Aganoy to remain in tl;a
System, stating tlmt the "work burdan
formulas prnsupposa eaonomtes of scale
for n larger, pre-existing agency.''
ndmln!sb'!lllva nlloW!lnoollatad ln
§ 208.41 of this (lW'l in lieu of
utlomp!lng to autubllah lndlraot cost
rntes !or short-torm cleployltlants.
Admluistt·ntlvu Pronnduru Act
Dutot~ninntlon
We nre publ!ablng Lhls Interim Rulo
under tho Aclministt·lltlvo Pt•ccedJJra
Act, li U.S.a. 553, wlth our roquaat for
public comments. ConcnlTently ·with
publlcntlon of the In!:a1'1m Rula, we lllll
publlshiug tho Mnxfrnum Puy Rata
Tabla [Tabla) ln tho Fodornl Roglatar llll
n Notice. We p1.1blished a Pl'oposnd
Hula, National U1·ban Scmrch nndl(ascue
Response System, on December 18,
200a, 137 FR 771127-77640, and racalvad
over ao com menta from vu:l'ious Task
Forces in fl1e National US&R Rasponaa
System, We discuss the oommGnts In
the preamble of the klorlm Rula,
indicating whore wa agree with the
comments IUld have made changes, and
also whet'Jl we do not agree with the
comments.
Wa did no! have the Table prapnred·
at tho time we published the Proposed
Rule but racai11ad a large number of
comments and questions aboul lite
Tabla, To provide an opportunity for
comment before publishing the final
rule, and because of the delay between
the dsJ:e of the Proposed Rule llnd ·the
Interim Rule, we request that interested
parties comment within 45 days of
today's publication.
We brought thlR issue to the National
US&R Advisory Committee, which
recommended rehmf:ion of the indii'Got
costs policy ns In the proposed rule. We
agree, This limitation is not inoonslslent
with olhar limitations applicable to
FJJ:MA programs. Accordl11gly, we have
not ohnnged thiH aeotion, Note l11at this
limitnt!on applies only to Preperadnass
Coopal'ut!ve Agremnenbl, whluh 11pply
over the course of ut least one year and
to wltloh l11dh'act cout prlnolples ann be
applied !'llndlly. llxoopt m1 pr·ovlded In
§ 2011.41, wo ntlow no Indirect costs
The National US&R Response System
provides n number of public servicas
that are llllique within the Federal
Government. Members ru·e axpedanced
and trained professlonnls highly skilled
in the often dangerous roles of sanrch!ng
for, extricating and providing Initial
madical care for victims from collapsed
buildings, whether collapsed by n,ntw:al
or man.mnda causes. The searching Is
important to tha public to ansm·a that
every effort hl!ll been made to rasoue
people still alive wlt11ln a collapsed
structure. Mambars o]so have on
important role in finding the bodies of
lhasa kfllod in the collapse, !ill thut
victims might be identified and returned
to grlevlng families. The tsska
parfo1·mad and tl1a dangers inherent In
Um work bandit othar firefighters and
dlaaster l'llspondm•a who do not hnvo tho
apoclnllzed l:.<1!ning nnd expal'ieuce of
the Nntlnnnl US&:R Response Syslant
Members nod who Ell'B not put nt risk by
anludng the collapsed st.·uotm·es whrm
US&R teruns llrG present.
The Interim Rule ls effuctiva loday,
x~~::n~:~~:li§£[%~i~~1~aiiio. Uiu .
most oflan e11m'l·tarm, on the OJ•dec· of
10-14 days. ConNlatent wltu saclion 407
of the Stnffurd Act, we will allow the
th!J.t:illtt).OfJl!lbllllcf.~tioll!~ T!tefr.o.lsr oons&R .
Ul'[lllnl neau w t 1 n tle Nat onn
Response System to slandttrd!7.e
f!nnnolal, ndmlnio!ratlve and
opernt!om1l runctlons among the21l
'l'na'k 11orc:es loonled ln ill Stulas. '!'hese
needs Include oodHylng the L'lllntlonahi[l
balwoan tllo Dapnl'l:ment ofHamolm1d
Security (DHS) and the Sponsol'lng
Agenolas of the 211 Tusk Porcos,nnd
otundo.rdb:lng the relationships of
Sponsoring Agenolas with thelr
Pnrtlolp!!Ung Agenolaa and Affillutad
Personnel. B!'fm·ts te ntandnl'dlllll lhe
Memoranda of Agreement between DHS
nnd the Sponsorl11g Aganclas, and in
lm·n, tlte egraenumta hatwcon tha
Sponsoring Aganclas nnd Pm'ticfpntlny
Agencies 1md Affiliated Personnel, are
eaGential to the affective functioning of
the System and must be complotod soon
to lnfcrm, guide and govern all Sy11tem
pru·tlcipanta uniformly in '!hall•
respective roles, rasponslb!IIUas and
aollvities.
In the years since Saptembat•11, 2001,
Congress has appropriated Increased
funds to US&R for equipment, training,
nnd other measures to ensure that eaah
Task Faroe is Iully staffed, tralnad and
nvailabla for wlll!tnver disaster U1ay mny
be called upon for help. It is lmparnlive
and urgent that there be full
acoountnbll!ty fer the funds granted to
the Sponsoring Agencies, and that there
be uniform standards ·that the
Sponsoring Agencies can apply in the
performance of their US&R
rasponslbllilies. This rule provides
those standards: it .is urgent that they b a
in affect as soon as possible.
The diract aff'l!ct of this rule is on the
28 Sponsoring Agencies, ·their
Pnrticipnt!ng Agencies, and Affiliated
Personnel-a relatively small, well·
defined univarsa. The Sponsoring
Agencies, thl'! Advisory CaiJlllliltee of
the National US&:R Response System
(Advisory Committna)?~ the Working
Groupsaa undar the Advisory
Committee, nnd others assoointad witl1
the National US&R Response System
have frequently and repeatedly
requested publloation llnd
lmplementutlon of Uus rula, wlllalt they
urgently need to fulfill their obligations
to lha System, themselves and lheh·
organizations. As matters of sound
policy, planning and manngamant for
the ant!ra System, it Is important to
make the rule effec:!lve upon
publloatlon.
Good cnuaa ex:iata and It is In the
public Interest to make this Interim Rule
"'l1•o Advlnory Commlllnn of tlto Nntlnunl US!H!
I!UIIpnasn 5y•ltln1 pmvldo• ndvlco 1
runon1mondnUonH, rutd couut;ul OlllllfJ cunllnulnu:
rlnvnlnpmonl und lott!nlnnnnoo or • Nntlonnl US&R
RUSJ!Uu•o Syolom lo U1o Uudur Sul!rlllf\ry fur
EtliOIJl<lllGJ' 11rupnrudmmn tmd Rttntlo!IS<I,
· '"'fho Sy•tonrbn• mwnmhtpuolullzud Worklnn
Crtntpn, li.IJ" cunmuuul tutd uunurnl:tlAIIT, modic:ot,
lngnl h~1uun, ltulnlng, olo., lim! provldotlrofoan!orm!
end loclmlculndvlG!l 011 Ul!&R b"'"'' lu OHll lltnmnh tlw Nnllounl Advlsory Gommilluo.
Fmlel'ul Rogb:tex·/Vol. 70, No. 86/'I1mrsday, Februm·y 24, 2ooG/Rules and Ragulutlons 9191
offaativa upon publication (und to
1'equa~1t cornnumts on Uw Intorlm Rule
nnd on the ·ruble nn publlsluld
nnpnrutely today ns n NoUce). Dr-IS wll1
review nnd !JVeluuta any commolltll tllUt
It mcelvos nnd will lJl!bllsh tha flnul
l'ulo ut n lnlnr dolo.
Twenty US&l~ tanmn t'OHpondad lo the Purtlaipat!ng Agency, one fi'Om n
World 'I'm de Can tar nnd five responded Member of CongroBH, nud none fi'Om tho
to tlml'aatngon. A£ter-acllan public nt l!U'ge. We reviewed the
avnhmtlons showad tho nead for gt·tmtel' t:omments, accepting nomo, rojar.tlng
lnlllroparnblllly of equipment, soma. This pt'l'lamble nnd lnterbn Rule
ct:mslslancy In trnlnlngund opamllug reflect the decisions made regarding the
ncross the 20 tonms, nnd muny other comments Lhnt we I'Bcelved,
fnclo!'S to pormlt 2B dlspnrute unlt!J in 19 When we published !he Pl'oposed
Nullcmnl Envb·onmontal Policy Act states to pet·rol'm ns n coheslvo whole. Rule, we montlonod, but hud not yet
44 CPR 10.!J(d)(2)(1J) cutaiJol'icnlly Congt'llSB n}Ill!'Oprlated lurger lnllll8 to prapnmcl, the Maximum Pay Rata Tobie
eleoludes l'l·om actions sur.h ns the support the Jlrogt'!lm, man doting thrtttho (Tnblo). In order lo lmvo thnt pru't oftl1e
pmpnl'lltion, t·ov!slon, nnd ndoptim1 of pl'Dgram not add new taak forces until rulo on which we hod rooalviid
ragulnlionu, and ~poo111aully 44 CFR existing mule forces were fully equipped commonts go into affect, and to obtain
10.1J(c1)(2)(xvlli){C), wldoh relates to and trained. SpUl.T!Id by the rospotlsa of public comments on the Tabla, we
plnnnlng and administrative activltioB Congrosn and tho Adm!nlstrrrlton, wa . nlactad to publish thot•ule ns an [nlurlm
in support of omet·gency and disastaJ' ·t'adoublad efforts to stsndnrdiza tha Rule, and, oonou!'t'alltly to publish the
rosponse·and :1'600VBt'y,1ncludlng .. financing, admlnisll·at!on and operation Tabla as n Notice, wilh request fol'
deployment of urban sourch nnd rescue of the Nutioual US&R Response System. comments. ·
l:onms. Accm·dingly, we bava not Under the status quo ante and the low Eco1wmic Significance of the nule.
prepared Ill! environmental !lSBossment laval of Fedeml funding, we had little This t·ule wtll not have an annual affect
or envkonmenlal impact statement for leverage to stnndard!ze the p1·ogrn.m. on the economy of $100 million or mora
this rule. With increased appropriations 11.11d nnd is not nn eoonom!cally slgnifionnt
expanding mission that followed rule under Executive Order 12866. The
Excoutiva Order 12806• Regulatory September 11, 2001 (e.g., response to rule establishes the rolnHonshlp
Plll.llJling and Rnvlow b th s i A i f !:h acts of terrorism and weapons of mass etween e pons or ng gene as o· a
Under Exeoutlve Order 12861l, 5B FR destruction avants, response to Urban Search&: Reaaue (US&R) T!!Sk
51735, October 4, 1993, a "significant hurricanes), operating without formal Farces and DHS, funding fur
regula!ory action" Is subject to OMB regulations W!IS no langE!!' tenable. preparedness and responsa ectiv!ties,
review and !:he raquiremanl:s of Sound management and responsible Including the noqulsition of equipment
Executive Order 1286fl. Section 3(1:) of stewardship of the program demand and supplies and training, and tlia
the Elcacutiva Order daftnes "slgnifloanl formal rogula.tions. For these reasons, eligibility of Task Forces to receive and
regulatory action" ns one that is l!kely wo rejected the status quo m1te. maintain Federal sX<:ess property.
ta result in a rule that may: · Management by Administrative This interim rula impacts 28
(1) Have an annual affect on the Directives. Wa rejected ·!:his alternative Sponsoring Agenol.es, 25 of which are
economy of $100 million or more, or on grounds that administrative from ]ooal communities, 2 are
may adversely affect in n matedal way dlreotives do not hava the force oflaw, associated wlth state universities. All of
ths economy, a sector of !:he economy, tend to be piecemeal, and do not the communities have populations··-------·-·
productivity, competiUon, Jobs, !:he adequately rupport our need fur greater than 50,000. Moat of tha
environment, public health or safety, or standardized prectices within the US&R Sponsoring AgenciGs have agreements
Stnla, local or tribal governments or progrlllll. fu contrast, !:he .rule will have with Participating Agencies for
communities; the forca oflaw nnd will concisely additional support to meat the staffing,
(2) Create a serious inconsistency or support our need to standardize the equipment and training requirements of
otherwise interfsra with an action lakan financing, admlnis!:ratlon and operation the National US&R Response System.
or Jllanned by noo!:har agency; of the US&R program. US&R-relatad costs ofPai·tlcipating
{3) Materially niter the budgetary Cancel the Program, The US&R Agencies ru:a paid by DHS through !:he
impact of entitlements, grants, usa!' fees, progrnm grew out of the evidimt need to Sponsoring Agencies. Similurly,
or loan programs, or tho rights and have highly sk!llad, specially b:l!ined expenses of Affiliated Personnel are
obUgationa of reolplenta thereof; or a11d equipped pat·sonnelswiftly reimbursed throuah the Sponsoring
(4J Rtliaenovellegal or policy issues awilnble to seurch for nnd extricate Agencies,
nrlslng out of legal mandates, the victims from collapsed buildings, DHS has der.ignad tho Nntlonnl US&R
President's pr!or!tles, O!' !:he principles whether fTDm earthquakes and othar Rosponse System to be ns coat naulxal to
set forth In the Executive Order. natl!ral causes, acts of tonorism, Sponsoriitg Agencies as Fadet·allnw
In determining whether to pmnead eocidanla or other huroun causes, The authorizes. DHS aaquh·as equipment
with the formulation nnd publication of need Is greater today thnn paroelvad in aml suppl!os, pnya for training, moetln!ll'
this rulo, wo considered three the lute llli!Os and enrly 11JOOs. The and related travel, lodging, and par
nltarnatlves: maintain the status quo progmrn has garnered a wall-and luu•d-diem expenses, and attnmpts ·to cover
anto: manege the progran1 through ew·nad recognition of its offecllvanesa, Sponsoring Agencies' praplll•ednesa
administrative dh-ac!lvas; and cannel the with strong support from Congress, tho costs through preparedness Cooperative
program. Admlnlst.ratlon, and Its Sponsoring and Agreamonls. Whan DHS aulivallls a
Maintain f/111 Stqtu•· Quo Anlti. Tho l'artlc::lpnt!ng Agenchm. With tl1nt US&R Task FO!'Cil we reimburse t[te
Nntlonnl US&R Response Syutem has continulnn supp01·t, cancallatlon of Um Sponsod11g Ag,mcy fur 100 per cant of
opal'!llad since tho em·ly :1990s without progrmn Is not u feualbla allel'natlve, its clil·aot eligible coats lncurl·ed,
formul ragulntions. Tho rirat ten yanrll or Interim Rule. We (FBMA) puhllshed n Including overtime and Eackfill costll,
uo WG!'G fnrmatlve yaru·s with a !!l'aat Proposed Rule, National Urban Sanrch ond Indirect coBts capped at 7.G perounl
.d\l~l.PL~.~~ ... .I'~fl.eJ:~lllPP.~I?P.!:h!tl.!ln~.. . . and Raaoua Response System, on of direct costa, undm· the lBl'n15 or tho
l ( 1 til tl t " 11 i .. D ......... li ......................... ,., "'R"' · · ., · 764 " ·1·'0···9"i>"o"n'""'' Co"o'"p··;,.·l·'ntJv~· •·s· t'""'tlln·ll'-.· · " · Wore 01 ll mn Ull 10 tll/llll D 1U OW llg llCGlll 0!'101 2002, 6r ,, 77627-7 Q, , u~ ., " ~ n oo u "'
Saplembat· 11, 2001, whioh lad to major Dlu·lng the 45-day comment period, we Sponsodng Aganclau will Incur CSI'l:uin
changes ln plnnnlng, OjJornllons, raoelvod about 30 commaulu from paperwork burdens nnd expenses,
management, trainins nnd funding. Sponnorlng Agencies, one from n which am dasorlbad and qttnntltlad
9192 Fedoml Rogilltor/Vol. 70, No. 36/'rhursday, February 24, :wos/Rulas nud Regulations
· balow In tho niatm•iol~ 011 tho Popmwot·k
Reduction Act. Wo expect thnt our
Coopurnthl<l Agt'!:lemaniR uncl Lhelr
ussoolntod indll•Bot cost raws will cover
tha ollgihle costs thnt tha Sponnot•lng
1\gnnc!oa Incur to pm·l!clpnte in lho
Notlannl US&R Rosponse System.
Costs to DHS to administer Lho
Nntfonul US&R Rosponua System
lnc!udothe snlarlos1md oxpansen of an
11-pat·sun staff, nnd lha indirect sluff
coats fnt• flnnnclol, ncqulnltion, logMios
nnd other ndmtnlsb·atlvo sorvlces
pl'ovldad by DHS and FEMA. Currant
nppropl'lunons limit administrative
oosla loa }leroent of the toh1l amount
National Ut•ban Snllt'!lh aud ReHoue
Reupanso Syslam (Syntnm or US&R),
which l?!JMA ashtblislmd under tho
Robm·t '!'. Sh1ffm'CI Dl8nstot• Raliof und
Emm•ganc:y Asnlstance Act. The System
ourrontly comprfueu 211 US&R 'l'u~k
J?arooll in Hl Stntus. A Swta agency or
local public snfely ngancy (Sponsol'lng
Agency) typfcnlly ~ponsora 11 T1111k
J?urca,z1 slnffad pt•lmnl'lly by local fire
dopnrtJmml nnd emargonoy sarvlcma
parsonnel, end Include Joint
Mnnagoment 'l'eams (JMT) and a thor
ovat·head ot· technlcnl toams. None of
the Sponaodtlg Agonoies are in
communities with populations fowor
than 50,000, Tho govammenhl of the
Sponsoring Aganclos lll'O urban m• Slate
instrumentalities and nona qualify as n
"small governmental JurlsdicHon"
within tho moan in~ of 5 U.S.C, 601(5}.
dlffrll'enco batwean the Slota bo1111fltB
!lml Ute Fedat'lll betlafils mny huvo to La
horne by the Sponsoring Agency.
US&R Task li'al'!lel! nlsa must maintain
minimum Lrulnlugruqulrnmanl!l thnl
DHS prosorihas. Unrlat• curran!
lnlorpl'Stntlons by the Dapurl:mant.of
Justice, tho FTCA oovat•n SyRtom
Mambem during Task Fome uctlvations,
lmt does not apply to ll'eintng nctlvJtles,
This lack of li'TCA coverage durlng
b:ulnlng ls a potantlnll!nbility thaln
Sponsoring Agency might In om•, but
guah a ch·cmnstnnca hll!lnot occut·red in
15 yeaxs of expal·lence. DHS is working
with the Department of Justice to
determine what maaBUl'(!S DHS could
tuka to provide liability covaraga for
System Men1bers during US&R training
events.
npproprinlacl for US&R. .
FEMA's planning and progt•auJ
guidance for fisoal yeru·s 2005 through
:!OO!l set funding levels of $6.438
million fortha National US&R Response
System, ropt·esentlng tho bnsaline
nondisnBtai'-Speciflc budget for
operating expanses. In tl1a rest two
Soma of the Partiolpntlng Agenclos
ore BmnU businesses, such as
engineering firms and HMOs. DHS
reimburses Sponsoring Agencios fur tho
eligible costH tlt!lt tluJ Sponsoring · •
Aganoias incur ln reimbuming their
Participating Agencies. DHS expects
Participating Agrmoies to receive full
reimbursement Iortho salaries nnd
expenseH of thalr personnalwho are
participating System Memb(JI'fl, Indirect
costs up to 7.5 percent, par diem, tmvel
and l'alntad Cllllts when Tllllk Forces
activated, and backfill expenses.
DHS assumos that the profeas!onnl
llkUls necessary for preparation of the
mpori:B and rocords are within the
cnpabllities of the Sponsoring and
Partlcipatlng Aganoiea. DI{A further yen:rs, congrassioonl nn.nua
npproprlntlons for US&R wore $60
m!llion, most of which US&R passed to
the Sponsoring AgenCies pursuant to
Coopot·ative Agreements. FEMA passes
the amounts appropriated to the
Sponsoring Agencies in preparedness
Cooparutlve Agreements funded 100
percent by the Federal Government to
cover planning, training, equipment or
otl:!er essentials lo fulfill the US&R
mission, which do nat impose
conditions on the Sponsoring Agencies
making them economically significant.
Nor would Cooperative Agreement
funding adversely affect In a material
way the economy, a sector of the
economy, productivity, oompat!l:lon,
Jobs, the envlronm.ant, public l1tllllth or
safety, or State, local or tribal
governments or communities,
This rule Is n slgulficn:nt rogulatory
action, but not an economically .
significant regulatory action within the
daf!n!Uon ofsection 3(0 ofExocutivo
Order 1:!U66, and it adheres to the
principles of regulation of the Bxooutiva
Order, The Office of Mnnngemant and
Budget has l'eviewad this rule under the
provlslons of the Exucutive Ot•dar.
Rugululory Floxiblllly Act, 5 U.S,C. 601
Under lhe Regulnlory Flexib!llty Aot,
agonc!os munt considl:l!' the impact of
their rulemakings on "small entities"
(slllllll businesses, smttll organhmtionG
nne! local govarnmentll}. The Aot also
provides lhnt, lf n !'cgulutory l'lmdhilily
analysis is nal raqulmd, tho agency
must cerll!y In tho rulamnklng
.dO{)U.n.J.Iltl} .. ~lJI~· ~h.~. !:L!.l.a.ll1.n.klpf? .>Vill.not ..
"hnvo a l:lij!l nc~nl economic 1m pact on
n subutnnllnl number or small onlltles,"
'l'hls rule ubmclm·dlli.WH thll finunoing,
ndmlnlstmtlon and operation of tha
DHS has designed the US&R program
to bellS cast neutral to Sponsoring
Agencies es Federal lew authorizes,
Whaa DHS activotas a US&R Tll!lk Force
It reimburses tl1e Sponsoring Agency for
its direct costs inourrad,including
ovartima and Backfill oost:s, and indlroct
costs capped at 7,5 percent of direct
costs. Upon actlvetion, System Members
bocoma Temporary Excepted Federal
Volunteers entitled to the benefits ·of the
Facle!'al Employees Compensation Act
(FECA) and tha Federal Tot't Claims Act
{FTCA). Tn soma i1111tonces, Stnla
workers' compansnlion benafll:B exceed
those available under FECA, end the
assumes that Sponsoring and .
Participating Agencies incur no B){l:m,
unraimbursad costs for sound
administration and accountability !:hat
Federal Cooporativa Agreements require
of any l'aciplont of suoh awards. We
have no basis f'Dr estimating the
expected cost or range of costs per
impacted Sponsoring or Participating
Agency.
DHS is not aware o.f any rules that
may duplicate, overlap or conflict with
this rule. In llllr dlsousslon of E.O,
121165 above, wa considered several
alternatives to this rule, including stal:us
quo onte, cancellation of the progrlllll,
management by program directives, and
thls Interim rule. Nona of the
nlternativas to this :rule met DHS needs
to standardize the financing,
administration and opemtlon of the
US&:R System; nona provided differing
compl!a.nce or reporting requirement.~,
or clarified, consolidated, or slmpllfied
compliance and reporting, or exempted
nny of !:he Sponsoring Agencies from
covaraga of the ruio,
"Tho Took l'on:uu ulna rn~~pond to dlonatntn nnd For the reasons stated, we certify
muo'lionctostn ll!olrltomo RlnlllS us.Slulo ,..,ntcus, . under·5 U.S.C. G05(b) .that this Interim
DHS dooo not diroclly rohubunm Sponnorlug 1 ·11 1 • 'J'!
fiBUIICiu•oru •• ·rook Furcoa for lito r.n•lll lbnllhny Rue WI not lllVG a 518nldCUUt
lnout wbun doplcylng In lholr bomu utotu, nl!baugb economic: Impact on a substantial
Inn Slnlo doplayouunl •roak l'orcGB mn)' Ul!tl number of small antilles and dooo not
uqulpmont Utnt !boy bnvu purolumnd with OHS apply to this inlarlm t•ule,
anml fundu !Utd Fudoral property lhnt i• In lhulr
DUlllody, Subpur! C of lhlu rulo do"" uot cnvur In· Plt}Jill'WOrk Rcdttction Act of :LII95
s!nlu dnploymunl ofUS&R rosourcos. Howuvur,
l'ndornl rulmbt1t11umuul Cur tha coni or M ln-nlnlu DiiS hu.s determined that lbe
duploymonltmty bu nvnlloulo through DHB'• Ptt!Jilo: lmplamontotlon of thla ru.la Is subjaot lo
1\UolslnncUJ Pronrrun undur rngu!ullunu r•ubllulmd 111 tile PaparwOL·k Reduction Act of 1il95, >I~ CF!lpnc1 %00. Ln udL!Jtlott, Um Offir.~t oF l'orulnu
Dlsuutur llnftlslnnoo uf Um u.s, flsom;y for '14 U.S, C. 8501-3520, As the Paperwork
Julnntnllurml Ouvulnttntuul (USArO) alton """" Uto Roductlon Acl of 1995 roqulms uncl,
· dlirvh:un·ofcllrlhln UStllrTo•k Farnon tn dnllvnt ·· · · · 'ridittitir~antly with· this I'Uio; we have
lnunnullurlan u••hllancu ubroud tUiduriiiJ!llnntuntn suhmlttad n request frn• Offlca of
to wloh:h OtiS '" nnl u pnrly. 1110 ruin dous uol ( urruul tho rolnllounltlpnln~wunn USII.!IJ nnd 11'" Mnnagemant nnd Budget OMB) review
SflorumrluuAannr.lmonfllmTnrt~Furoun. nnd approval of a naw aolleolion of
Fcdernl Rogistor/Vol. 70, No. 36/'I'hursday, l<ebruru:y 24, 2005/Rulos and Regulations 9193
lnfnrmullon, wllialt Is i:anl:ulned htlhin
t•ula. The collection ofinfol'mnllon
oomplloB with provisions ol' Lha
Pupcnwork Reduction Act of 1 9tlfi, '.14
U.S.C. 3ti06(c)(2)(A). We Jnvlte the
general public to comment on tho
collection of lnftmnntion.
Colloction oi'Inl'imnn!inn
Til/a: Urbnn Sont'Ch and Rosano
PI'Dgram.
US&R grant nppllautlcm formn
approved by OMll under Control
Numbar 16G0-002!i, which axplrea July
31, 2007, lll'G! . .
Fmm Numbers: SF 424, Appliontlon
for Federnl Assistance; DIIS Form 20-
10, Finnnoinl S!Dtus Hoporl; DHS Form
20-16, Summru:y Shoal fm· Assm•anoes
Dl-18 forms
nnd ClirtlMr.nllnnR; DHS Form 2G-'HlA,
AaauJ'llnce~-Non-CoJJalmcl:lon
l'rogt·amu; DHS l1ot•m 20-lllC,
Ou'tiflcntions Ragm·dlng Lobbying;
Dabnrment, Suspamdon und other
Rcsponslbilily Matl:rn·s; and Dt·ug-Froa
Wcll'kplaca Requlramanls; DHS F'orm
20-20, Budget Information-Non·
Comlruolion Programs; nnd 'SJ1 LLL,
D!aolosut'!l of Lobbying Aallv.ltloll.
Abs!l'act: Thlr. lnl'otlnatlon oollactlon
ls to implamonl the Nntlonnl Urban
Seru'Ch and Rascue System (US&R), by
which DHS pl'Ovides spaolnllzed
llfasuvlng ru;slsl:nnca during mafor
dinastm• or !lffiOI'IJOnoy. US&R
operational nctiv1Ues include lom1tlng,
axlrlcatlng and providing on-site
medical truulmenlln victims trapped in
No. of Frequency
responders or ra'iflonse
(A) ( l
Tile following forms ware approved under 1660--{)025:
SF-424 Application lor Federal Asslstancs .............................. .26 1
OHS FOIIJ) 20-10 Financial Status Report ................................ 28 1
OHS Forms 20-18, 20-16A, 20-160, summary Shea! lor As· 26 1
sumncas and Cer!lfloallons.
SF LLL, Disclosure of Lobbying Acllvilies ................................. 28 1
DHS Focm 2G-20, Budge! lnlormallon Non·Oans!ruallon Peer 21! 2
grams and Budget Narrative,
SF 270, Request for Advance or Ralmbursemenl .................... ·211 2
Subtotal ....................................... ,,,.,.,.,,,,.,,, ....................... •• , ..... *" ........... 224
OMB Number: New.
Abstract: In order to implement the
US&:R program, DHS must collect
cartnln types of information not ·
Included In OMB Control Nu~nber
DHS forms
The fonowlng are new colraotlons:
1660-00Zli,lnoludingmemoranda of
agreement, program narrative
stnlemanta, granl awards, progress
reportn, extension or change requests,
closeout information and audits.
No. of
responders
{A)
Frequency
of response
(B)
collupuad 11tructures, woupons of nmM
destruction events, nnd whanttsslgnad,
luuiclonl oanunnnd Ol' coordination of
otller opat•ntlonnlaollvll:les. In ot'Cim• to
Implement tho US&:R pragl'!!m DHS
must collect cm•totn types of
lnformuUon, including gr11nt
nppllontlonll, budgat nnd budget
nm·rnttva, flnunoinlstntus reports,
nssuruncas and oert!flontlons,
performnnoe lnfo1·mation, nnd l'aquests
for ndvancos or reimbursement on fnt'llJS
opprovad by OMB under Conlrol
Number 1660-0025.
Affected Public: Slule, local and
lodlan t:dbalgovammell'ls,
Esllmaled Total A1mual Burden
Jiaw·s: !l03 hom•a. A breakdown of tho
burden fol!owst
Hours par response and record· Annual bur-
keegtng dan hours
( ) (AxBxG)
1 flour ........... u.hnu•unnunl .... ,.4, 21! hours.
1 hour ........................................ 28 hours,
30 minutes ................................ 14 houra.
10 mlnulas ................................ 5 hours.
I! hours .... ., ................................ 504 hours.
4 hours ...................................... 224 hours.
~•••••.,•••••u•n•ttttu•••••uo.uootoHH•••uu aoa hours.
Affected Public: State, local and
Indian tribal governments.
Estimated Total Annual Burd11n
Hour.v: 1181 hours. A brenkdown of the
burden follows:
Hours par
resronse and recordkaeplng
(OJ
Annual
burden hours
(AxBxG)
NarraUve Slatement ........................... ,,, .................................... . 2B
28
5
28
2 4 hours ...................................... 224 hours.
Progress Reports ..................... ;,,,,. .... ;,.,., ............................... , •• 2 2 hours ...................................... 112 hours.
Elclenslon or Change Requas!s ............................................... ..
Audl!a of S!alaa, Local Govarnmsnls, ami Non-Prom Organl·
zaUons.
1 1 hour ........................................ 5 hours.
1 30 hours .................................... 040 houra.
Memoranda of Agreement ........................................................ , 28 (1) .............................................. a
~-----+------4----------------;-------
Sublola! .............................................................................. . 145 1181 hours,
Tolal houra .......................................................................... .................... 309 ................................................... 19114 hours.
l Allar we publish lha fl~al rule, we will prepare a standardl?.ed, streamlined memorandum of agreement In oonsultatlon wllll the National
US&R Response Syslam Advisory Gommlltee antll!s Legal Issues Working Group. Wl1en complalad, we will mal1a a second Paperwork Raduo·
lion Aol submission lo OMB.
EsUmat<!d Times and Cost.~: Tha
!!pproxlmnte ani1unl sultLry of State and
local staff who will complete the forms
Is $36,000, The ·upprox:imuta houdy tlila
of. pay is $1D.90 Cl!i35,000 divided by ...
1050 boul's). The tolnl oost to gruntmJR
Is eslimnted to bo $37,490.
The cost to DHS Is lru·galy pe!'tiOflll~l
salary casts to review uod unnlyza the
iofurmullon collected on tluma forma-
for !til DHS gL'lmt pr·ogrnms, nat just
US&R gmnl:ll, which Is n aignlflmmt ...
portion of gt'llnts monngemcmt annual
work, We aatimuta tlu1t fol'tlte US&R
program,.Dr-JS HeadqtmrtaJ'H would
expend npproximnlaly 67Z l1our·s on
nnnlynis, or an average of 24 hourll per
pi'Ogrum. We ostlmata the cont to DHS
Lo ba o!i14,U 2 (672 hours limes $21 J:llill'
hour ofstuffwork) .. Prtntlng.ooata nre .
mlnimul bacuusa lhe forma nra ovollablo
in elactronio formal:.
0104 Foclernl Rtlglstor/Vol. 70, No. 36/Thursdny, Fabruary 24, 2005/Rules nnd Regulations
Tllll totnl nnnunlastlmntad tlma 1111d
cosl:!lnrn 19114 Jmurs nnd $37,'1911 cost to
nppllClllllll nnd $14,112 cost lo mrs.
'l'h!s cnloulnllon ill baaed on the number
ofburdnn hourB for euoh type of
information collcctlon(fotm, ns
lndiautad nhovu, und Lhe aHtlmalod wuga
l'ntns fm· tho8olndlvlduttls rosponslble
lor collrmling the luformnt!on or
complo!lng the fDl'tns. The naw
collection is l'equit-ed fat• sound gt·nnt.~
mnnagammtt nnd oomplinnoa with OMB
CI!'Oulat•s nnd DHS t·agulntions,
FOA FURTHER INf'ORMATJON CONTACT!
Conlacl Michael T!tnu!low, Emergency
Prepnradness and Response Dlmotornta,
Department of Homeland Saaurlty, noo
C Street, SW., Washington, DC 2047&,
talaplwna (202) 64!H!549, fucsimile
(202) 641!-4684, or a-mall
mi.ke.tamfllow@dhs.gav for additional
lnfurmat!on, You may contact Muriel B.
Anderson fur cop! as of the proposed
col! action of infurmntion at (202) 546-
2825 or (facslmlla) {202) 646-3347, or a-
mnillnformationcoJlaations®dhs,gov.
olhor nmtlnlnnoa under the Stnfrord Aot, ·
Is only iumlshed when di.Rnsl:!lr or
flllltllllanoy neadn oxcaod tho combined
State and loon! cnpubllltlae nnd tho
Govornot•roquasln lhonnslatnnoa.
Thet·aforo, wo certify that U1ls lnl:t:~rim
!'ule doea not huvo fadet~lllnm
lnlpUcutlons us doflnad lnllxeoutlva
Otdar 13132,
Linl ofSubjools in44 CFR l'urt 201J
Dlsnstar nsslstnnoe, Grunt progrums.
li Acaordh1gly, wu add pm't 206 to Litle
'.14, chnpter I oF the Coda ofFodat'lll
Roguhtt!ons, na follows: ·
PAI=IT 2!JO~NATIONAL UI1BAN
SEARCH AND RESCUE RESPONSE
SYSTEM
While thlslnlarlm t·ula does not hnva subpart A-General
federalism lmpliontlons, this rule has.
bean developed tlmJUgh a collallm'l!tlva
procoss with raprasantntlves of Stuta
nnd local govemmants. As nolod ubove,
the LBgnl Issuoa Working Group,li
subgroup of tho National US&R
Response System Advjsory Committee,
dovalopad the original draft of Uu:~sa
regulations. The National US&R
Response System presentad a draft to
DHS. The Legal Issues Working Group
and the Nntlonnl US&R Respome
System Advisory Committee botl1
comprised Federal, State and Local
Government officials, !18 wall as
rapl·esantatives of labor m-gani:~Ja.tlom,
Soc,
20D;l l'urpono nnd soopa of U!lapwt
200,2 Daftnltlons of l:nrms uuod In thla part.
200.3 Authority fur tho Nnlionnl UB&R
Rosponso Syatam.
206.4 Pmpma for Syntam,
200,6 Authority of the Dlroctor of the
Rosponsa Division (Director).
200.6 Sy"tam rosou!•ca ropurta,
l!i:lli.7 Bnforooment.
2oo.n Code of conduct
·206,9 Agrl!aments between Sponaotlng
AsenciBSaud Partlclpntlng Agone! us.
206.10 Otherragulntions,
208.11. Fadorn! status of Systam.Mambats.
208.12 Maximum Pay Rnm Tnblo.
200.13-l!OB,ZO IRlisarvod]·
Executive Ordar 18132 Fndarnllsm-some of whose mambars serve on the Subpart ~Preparedness Cooperative
Federalism Summary Impact Statement US&R Tusk Forces. Agreements
E ti 0 d • DHS C 1 aJ R • fA 206.21 Pw:posa. xeou va r er 13132 raqmres engross on av1ew o · gancy 208 •22 Preparedness Cooparnt!va
to develop a process to ensure Rulemnking Agreomant process.
"meaningful and Llmely input by State .20B.23 Allowable costs uudarPrupnracb:mss
end local officials in the development of We have sent this final rule to the Cooperntl.va Agreements.
regulatory policies that have federalism Collgress nnd to the General Accounting 20B.24 Pumhuse and ma.!ruenllllCil of Items
implications." Such policies are defined Office under the Congtusslonal Review not Usbld on Equipmant Cacho List.
in the Executive Order to Include rules of Agency Rulemaklng Act, Pub, L. 104-208.25 Obsolete equipment,
that have "aubstantlal dJrect effects on 121. The rule ls not a "major rule" 20!1,26 Accountnbillty fur 11S1l of funds.
tho States, on the ralationshlp between within the meaning of that Act. It 208,27 Title to equipment.
the national government and the States, standardizes tba financing, l!Oil,l!IJ-208.30 {Reserved}.
or on the distribution of powal' and administration und operntlon of the subpart c-Response Cooperative
responsibilities among the val'lous National Urban Search and Rescue Agreements
Levels of government." Response System, !l coope!'ntlva effort of ZOil.at Purpose. ·
Wa have analyzed U1is [nlerlm rule ln the Department of Homeland Seourlty, 20n.az DGfinlttons of torms t~sad l.n lhla
accordnnce with the principles und participating State emGrgancy subpart.
criteria In the Executive Order and· has -management sgencles and local public 200.33 AlloWRhle costa. .
determined that this Interim rule would safety agencies across the country. 208.34 Agroamanta batwGon Sponsoring Awmoien nnd othom. not hnve a substantial direct effect on The rule will not result In R maJor 208 •36 Relmbursoment for Advisory.
the States, on the relationship between lnm·ease in cosls or prices for 200.36 Rolmbursarriont fur Alert.
t1m natlonnl government nnd the States, consumers, lndlvldual industries, 206,37 Ralmbursoment fur oqu!pmnnt !Uld
or on i:ha distribution of power and }?ederal, State, or local government uupply costs lncurrod durtng Activation.
rasponslbilitles among the va.rlons ngenclen, or geographic mgiona. It will 20o.sn Relmbut•sement for rc·supply Md
levels of government, The rule imposes not have "significnnl ad versa e fleets" on loglstlca cants Incurred during
no mnndatea on Stole or local competition, employment,lnvaslment, Aotlvntlon.
govet•nmants; pwtiolpation in the productivity, Innovation, or on the 200,39 . Rtilmblll'sament for personnel coats
f I d Incurred during Activation. Nnt ann US&R Response Systum !11 ubllity of Uoll.nd Slnlos-baae 20 M 0 Reimbursement of frlngfl banafit
strictly vohmtnry. Moreover, one of the antGrprises to compete with foreign-costs durJng Act!va\lon.
mosl sinnll.h:mnt obJectives of lhla baaed enterprises. Tills rule is subject to 208.11 Admlnlstrutlva n!lownnoo.
progrnm ls lo build Stale nnd local tl1o information col!aotlon roqulramcmta 20BAZ Re!mbursomont for olhor
US&R capability. Tho US&R program of tha Paperwork Raduction Aot and uclmlnlsl-rntlva cost.!!.
rooognlzas the primary rola of Slota and OMB has nsslgnad Control No, 1660-206,>13 Rahnbll!tutlon.
local governments in responding to 0025, Tim rule is not nn ttnfundad 20M.>! Relmbul'lltlmunl for olhen'Ostll.
dluus!et•snnd emerganoian. Equipment Fadarul maudnla wllhln the manning of 201!.•15 f\dvanco offundu,
nnd supplies purchased with Federnl tho Unfunded Mundnt:es Rafo11n Act of 200.46 rille to aquliJ!mmt.
funds may be used to 1'aspond to in·stata 1995, Pub. r •. 104-4, and any 200·47-208 ·00 IRuat~rvedl
. £1fiitiiilero·an{hiriiati:iiirii:iliia. 'Tfici. fiiiimii' .... ii•iffirciiablti'duttiili tllli.t"Wa lilijltiilii, ili'ifn ... Sutijiiirl 0"'-flalmbursement Claims nnd '.
may only be deployed across Stata lines condition of !l'edemlessistunca or a duty Appeals
whon i'll!easad by lhelr home State. The Gl'islng from pnrlloipution in a vollllltm·y 200.61 Ganaml.
u~slslnnae those tenms provide, Llka Fadm·nl pt•ogrum. 200.62 Rnlmb111'aemont procoduroo.
l~odut•al Rogistur/Vol. 70, No. 36/Thm'llday, li'abruary 2'1, 2005/Rulas and Regulations 9195
aon.n:;-zon.uo (RuBnrvndl
206.00 Dutormlnntlun of dnltus,
200,01 l'nymonl of olnlmn.
2tlD,ll2 AJlJlnflln.
20D.f!il UU!jutll{t by llHS fat•nupjllomalthtl
lnfor·muUun.
l!OaJJ~ Admhdulmtlvo nncluudll
mqu lramonta.
20!l,JI!i Modo ol'tnmsmlnston.
· · Alert manns the a!nlus of u System
rasom'Ce's roodlnes:i when b:lggorecl by
1111 Alert Otdat•lndtouting lhnt DHS moy
Acti vnta the System tel!OUI'Ce,
Alert Order maans tho DHS
communlcutlon tlmt planes o Syal:em
t'!laout·oa on Alort slntus.
200,UU · Rcoponlng of clnlnw ror
rntronpnctlvn or rntronctlvn acljunlrnont of
aouta.
Jlssislance Officer manns the DHS
omploy11a who lwslognlauU!OI'ity to
bind DHS by nwm·dlngnnd nmendlng
GooperuUva Agt'!lemonts. 200.67-209.70 !Raanrvad]
Aulhorlly: Robort '1'. Stafford Dlsnatat•
llnllof ru1d llmorgoncy Alll!lstouco Act, 42
U.S.C. fi1211:11tollgh 6200; RoorHntuzntlon
l'l!Ul No, 3 of 11!70, 43 FR 41943, ll CI1R1 11l7!J
Comp., p. 329; ifllmaland Security Act of
2002,11 U,S,C, 101; E.0.12127, 44 FR 111307,
3 CFR, 1970 Comp., p, S76; ll.O. 12140,44
FR 432311, a Cl'R, 1979 Comp., p. 412; !l.O.
13260, 08 FR 10fl19, 3 CFR, 2003 Comp., p.
166, '
Subpar! A---General
§ 20B.1 Purpose and scope or this part.
(a) Pmpose. The purposB of thls part .
is to prescribe polioles nnd ptor::edures
pertaining to the Department of
Homeland Security's (DHS) National
Urban Search and Rescue Response
System,
{b) Scope. Thls part applies tu
Sponsoring Agencies and other
participants In the National Urban
Search and Rescue Response Sysl:am
that have executed agraements governed
by lliia part. Part 206 of this chapter
doos not apply to activities undertaken
under this pert, except as provided in
§§ 208.5 and 208.10 of this part. This .
part does not apply to reimbursement
under part llOB, .subpart H, of lliis
chapter.
Back:fllJ manns the personnel pructiaa
of tempm•arlly l'llplocing n person In his
or ha1· uaunl position with another
person,
Cooperating Agency manns a State ot'
Lonal Government that has exeoutad a
Cooperative Agreement In pl'OVlda ·
Taclm!cal Specialists.
Gaopamtiva Agraementmaana a legal
Instrument between DHS and a
Sponsoring Agancy or Cooperating
Agency that provides funds to
accomplish a public pmposa and
anticipates substantlal Federal .
involvement during the pariormnnca of
tho oontamplii!Bd activity.
Daily Cast Estimate means a
Sponsoring Agency's estimate of Tnsk
Fame personnel compensation, itemized
fringe benefit ratas and amounts
including calculations, and Back.fill
expenditures for a 24-hour period of
Activation.
Deputy Director means the Deputy
Director of tho Rospoma Division,
Emergency Preparedness and Response
Directorate, Department of Homeland
Security, or other person that lhe
Director designallls.
DHS means the Department of
Homeland Security.
§ 208.2 Definitions or terms used In this Director means the Diractor of Lha
part Response Division, Emaq:enoy
~ __ (a]'Generul._Any capitalized Vt:ordJn Preparedness nnd Response Directorate,
this pat'lls a defined l:erm unless such DHS;
onpitalizalion 11lBulls fl'Om tho Disaster Search Canine Team mefmS 11
appUontion of standard cmpitnlization or• disaster search canine and handler who
style mlo~ fer Federa!t"Bgulatlons, The havo successfully completed the written
following definltlona have general exom!natlcn and demonsb'ated the
app!Jcabilily throu11hout this part: performance skllla raqui.red by the
Activated or Act/VatimJ means the DisastGr Search Canine Readiness
status of 11 System iaaouroG placed nt tbe Evaluation Process, A dia!lliter search
direction, control end funding ofDHS in oanintl is a dog that has succnaafully
msponne lo, or in anUclpotlon of, o completed the DHS Disaster Search
pl1lsidontlal doolnrntlon o.f n major Canine Readiness Evnluntlon oritor!n for
dlsnster m· amergancy under the Stafford Type II or both Typo If and 'I'ypa I.
Act. Emmog<moy manns nny occusion or
Aotfvntlon Order manna the DHS ilrntancG for which, In tho dotormlnntion
communication placing 11 System of the Pr11s!dant, Fada!'Kl onslslenoe Ia
resource under the d!reutlon, oonh·ol, needed to supplement Stnle nnclloonl
and Cundlng ofDI-rB. effo1·luund onpabilitlas Lo suva lives and
Advi:;Diymenna n DHS lo proteot pl'oparly 11nd public health
communlcnllon to System resources rmd snfaly, or !o lessen or nvurt lha
(1} 'fhs equipment and suppll£ill thnt
US&R wlll fut•niah to Spon!lol'lng
Aganclos: nnd
!2) Tha maximum qunnlltias nnd
lypou of equipment and supplies thnt n
Sponsoring Agency nmy purchase and
mu!ntnln with DHS funds.
Fodeml JL<:aeo11 Propa1·ty rnanns any
Federal pet'SonnlJlropr;u·ty under fila
control of a Fedeml ngancy U1nt the
agency head or a deslgnao dotorm!nes Is
not required for Ita needs or for the
dinchnrga af Ita rllsponNiblllttaa.
Fedeml Response Plan manns tho
signed egraemant among various
l~eclernl dapartmeni:B and ngano!es thnt
pmv1das 11 mechanism :fer coordinating
deli vary ofFadaral assistance Ellld
l'eBourcos to augment efforts of Slato and
Looa l Governments overwhal111ad by a
Major Disaster or Emergcmoy, supports
implementation of the Stafford Act, ns
well as lndivldualagency statutnry
nuthorltles, and supplements other
Fadarulmnergancy operations plans
daveloped to address speoHio hazards.
·joint Manogeme11t Team m· JMT ·
moans a multl-dlsoipllnary group of
Nationnl Disaster Medical System
(NDMS), Urbnn Search and Rescue
(US&R), and other spaclallsts [)cmbined
to provide operations, pl!Ulning,
logistics, finance and administrative
support fur US&R and NDMS resources,
and to provide technical advioe and
assistnnca to States and Lor::al
Governments.
Local Govurnmentmaa.os any county,
city, village, town, dlstriat, or other
poll:tiaal subdivision of any Stal:e; any
. federally recognized Indian tribe or
authorized tribal organizetion: and any
A Iaska Native village or organiZlltion.
Majai' DJ'saNtermanns any natural
cal:nstrophe (including nny hurrlcnne,
tomndo, storm, high watet•, wind driven
water, tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide,
snowstorm, or drought), or regardless of
causa, any fire, flood, or explosion, ln
any part of tho Unlted States, that in the
dalermlnatlon of the President, cruses
damage of sufficient sa verily and
·magnitude to warrant .major disaster
asslsl:enca under the Stafford Act to
aupplemant the efforts encl available
resources of States, Local Governments,
and dlsnnter rolteforgnnlznt!ons ln
nllevlatlng the damage, loss, hardship,
or sul'ferlng onusad lhat·aby.
Memorandum of Agl'eemrmt(MOfl)
mauna the document signed by DHS, a
Sp£msoring Agency and lls State thnt
descl'lbes the relntionshlp of the purtien
with respect to the Natlonnl Urban
. lndfcliHiiifthilfiiri iiviiii( lias. cici:ii1rrad. or -. tlii'Gnt ofii-ciltiiiJEi'oplie In ilily pnrt or lhlil
DHS onticipulas will oocut·thnt may United S!ntaa. .
r•equh'a Aiort or Aotlvutlon of System Equipmrmt Cache List means the
ro8omc<~s. DHS·lssuad list thnt defines:
· Sanr'cli'. lld~eirtiutrResponse-System; .. · · · ·
Pwtiuipal:lJJg Agency moans a Sl:nte o1·
Local Governmtmt, non-profit
orgnnlzntlon, or pr!vuw organiv.ution
9106 Fudm·ul Rngishll'/Vol. 70, No. 36/Thm•sdny, Fahrunry 24, 2005/Rulos und Regulations
thut hns exooutad tl!lllfil'llament with !t
Sponsodng Agency to pnrlloipnt:a In the
Notional US&RRespons0 System.
Pot'llatmr.l RohaiJUili1tlon Po!1ad
meons tbeporlod nllowod by DHS for n
parson'llrehnbllit:ntlon to nm·mul
coudlttoua of living followlngnn
Aotlvntlon.
1111d ndm!nlstai'Od by u Sponsoring
Agency and mooting DHS ulnndw·ds.
Task /i'orctl Mamber mrums n pet'IJon
occupying n posllion on n Tnsk llm"Oo.
and IIUIWBS thaal'l'iclanoy und
utTecllveneas of Syiltom rasomces.
§ 200.6 System resource reports.
(a) Jloports to Dit'IJctol'. 'l'ho Dlt'Gctor
may raquest repol'lR from nny Syntam
msource relnllug to Its nctlvilles as pm·t
oftho System.
Pr'eJlll!'lldmms CoaporaUve Agmmmmt
manns the ngl'llemont hetweon DHS nnd
11 Sponnorlng Agency lor l'Dhubursament
of nllownblo oxponditures JIICuJ•rad by
the Sponsoring Agenoy to develop 1rnd
maintain System cnpnbtllties and
oparutlonul readiness. "
Tocllnlc:al Spec:ft!li/it motms n pm·son
pm·!lcfpnltng In Ul!l System aontribuUng
teclmlcml knowladgo und skill who mny
bo placed on Alert o1• Activated ns a
single resource and not ns n part of u
JMT m• n Tnsk Fot•ce.
US&R manna urban smirch und rosoue,
tho tn•ocesn of aenn:hlng for, extricating,
and [lJ'ovJdlng for the Immediate
!llad!cnJstnblllzution of VlctfmB who lll'e
entrapped in collapsad sb•uctures.
(b) Reports to FEMA Regional
Dimctor'li. Any FEMA Regionul Director
may request tluough the Dh'Botot• reports
ft•om any Systom resomco U6ed wltbin
or bused wlth In tl1e Regional Dlrectol"u
jurisdiction,
(c) Audils, ilwflsliga'Uons, sludles and
ovaluatlons. DHS nnd the Ganaral
Accounting Office may conduct audits,
invasligatlons, "Studios, end evaluations
as neoassnry. Sponsoring Aganalas,
Plll·ticipating Agencies and System
Members m·e expected to cooporl!te fully
in such audits, lnvestlgatlona, studies
and evaluations.
Ptogram DlroolJ've manns guldnuce
nnd dhoation fof notion to ensure
oonsistancy and lltandardization across
Lhe National US&R Response System.
Program Manager means the
individual, or his or her designee,
within DHS who is responslblG for day·
to-day administration of the N alional
US&R Response System.
Program Office moans thG
orgflllizatlonal anlitywitl1in DRS that is
responsible lor day-to-day
administrntlon of the National US&R
Response System.
Response Cooperative Agreement
means an agreement between DHS and
a Sponsoring Agency for reimbursement
of allowable expenditures inclll't'!ld by
the Sponsoring Agency as a result of an
Alert or Activation.
Sponsoring Agency means a State or
Local Government that has exaautod an
MOA with DHS to organize and
admlnistar a Task Force.
Stafford Act means the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 l:lu:ough
5201:1.
State means any State of the Unl tad
States, tlte.Disb:'ict of Columbia, Puerto
Rico, tlte Virgie Islands, Guam,
American Sllllloa, the Commonwealth of
the Nortll!Jrn Mariana Islands, d1a
Federated States of Micronesia or the
Republic of Ute Mnrshall Islands.
Support Spacfalist manna u parson
pnrttcipatlng in tho System who assists
the Task Forca with ndmlnlstrntlva or
other support dlll'ing tnobilizntion,
ground tmnsportution uncl
dmnobillzatlon as dlroclad.
System or NaUonal USG-R Rm1panse
Syslemmeans the nnttonnl US&R
t'esponsa capablllly administered by
DHS.
B)•sl:em Member· means any Tusl~
Force Member, JMT Member, Toohnlcul
Spechllist, Support Spociulist or
Dlallslet• Sam>ch Cnniue Tamn.
(b) llddiiional definitions. Dafln!t\ons
fur cal'tain tarmg" that apply ot1ly to
tnd!vldualsubparlu of lhla pill·t ure
1octtted In those subparts,
§ 208.3 Authority lor the National US& A
Response System.
(a) Enabling legislation. The FCldernl
Emergency Management Agency
established and operated the System
undet the authority of§§ 303,.~06(a),
306(b), 403(a)(3)(B) and 6Zl(c) oftha
Stafford Act, 42 U.S.G.Il144, 5149(a},
ll149(b), 5170b(a)(3)(B) and 5197(c),
respectively. Saotlon 603 of !he
Homaland Security Act of 2002, 6
U.S.C. 313, transferred the functions of
the Dlmctor of FEMA to ·the Secretary of
Homeland Security, The President
redelegatad to !he Secretary of
Homeland Sesurity In Executive Order
132116 those authorities of the Pcasldent
Wider the Stafford Act that had been
delegated pl'llViously to !he Director of
FEMA under Executive Order 12148,
(b) Implementing plan. The National
Response Plan identifies DHS as the
primary Federal agency with
tnsponslbill!y fur Emergency Support
Function 9, Urban Search and Rescue.
§ 208.4 Purpose lor System.
It Is DiiS policy to develop !llld
provide n natiooalsylrlem of
slandardb.ad US&R resources to
l'tmpond to Emarganoles nnd Mnjor
Disasters that nre beyond the
capnbilitiss of affected State nnd Local
Governments.
§ 200.5 Alllltorlty of !he Director of the
Response Division (Piroctor).
(u} Partlcipalian in actMlivs af tl1e
System. The Director Is rospons!blo for
determining particlpntlon in the System
and uny nativity thereof, lncludlng but
not \hnlted to who thorn System
resotrro~ is oparntlonully raudy for
Activation.
(b) Standards for and nHi!ClSummont af
§ 206.7 Enforcement.
. " . (a) Remedies for noncomplionoe. In
accoroanoa witf1 the provisioru of 44
CFR 13.43 1 if a Sponsoring Agency,
Participating Agency, Afflllnted
Personnel or other System Member
materially fulls to comply with a term of
a Cooperative Agreement, Memorandum
of Agrollmllnt, System diracti ve or other
Program Directive, the Director may take
one ox more of the actions provided Ln
44 CFR 13.43(a)(l) through (5). Any
such enforcement action taken by the
Director will be subject to the hearings,
appeals, and affects of suspension and
termination provisions of 44 CFR
13.43(b) and (c).
(b) The enforcement remedies
Identified in this saotion, Lncluding
l!llapansion and terminalion, do not
preclude a Sponsoring Agency,
Participating Agency, Affiliated
Personnel or other System Member from
bolng subject to "Dab~~rmant nnd
Suspension" under E.O. 12549, as
amended, ln accordance wlth 44 CFR
lS.43(d),
(o) Othrtr authority far sanalions.
Nothing ln this section Hmlts or
(lL'troiudes the application of other
mtthorlty to Impose civil Ol' criminal
anncttons, lnoluding 42 U.S.C. 5156.
§2011.6 Code of conducl.
· · · ·1'itsk"Foroe manns iin" tn tcsiiiiLad us&R
organlzn tlou of multl·clisciplln~~ry
l'OOOUl'Clln with oommon
· Syiitehiofflcliincfiiiltd·arfooUvtl'nor.n. rn· ·"
ndtlition to Lite nuthmity provldad In
The Director wUI develop and
lmplamanl a coda of conduct for Systam
Membst•a sctlniJ under DHS'11 cllreotion
1111d oontrol. Notblng In tills section or
the DHS code of conduct will limit the
authodly of n Sponnal'ing Asency,
PurHcipntlng Agenoy or Cooperating
Agency to· apply Its own code of " · · "
conduct to fts System Mombm•s or
employean. If Lhe DHS code Is mora
J•astriot!ve, It oonb•oln. communlcntlans and n lender, orgnni:oud
§ 206.13 ofthla chupter, the Dlrectot•
may ustubllsh parformnnc:a standards
Fudcrnl RogMcr/Vol. 70, No. 36/'l'hursday, February 24, 2005/Rules nnd Regulntlons 9Hl7
§ 200.9 Agraotnetlls bolwaen Spo11sorh1g
Agcnolos nnd Pnrllclpnllltg Agonolos.
Every ugt•eomant balwuon u
Sponam•lng Agency unci n Pm·tlotpuUng
Agency t'llgnrdlng tlHl System must
Include n pi'Ovlslon muklng this pnrt
lljl]JIIonblo to the Pm•Ho!pnllng Aganoy
unci lis employees who angngo in
System ncllvltlas.
§208.10 Other rcgulallotls.
Tho following provisions of title 44
CFR, Chnptar I olso apply to the
program ln this part:
(n) Section 206.9, which danls with
tho non-llubllily ofDHS in cortnln
olrcumntnncas, . . .
(b) Section 206.11, whlcl1 prascr•lbas
noudiscrlnllnn:llon in tha provi11ion of
dlsastat• asslstancn.
(c) Section 206.14, whicl1 deals wlth
crlmlnnland civil pannlt!os.
(d) Section 206,16, which permits
:recovery of nsslslance by DHS.
§ 208.11 Federal status of System
Members.
The Director will appoint nl!
Activated System Members as
temporary excepted Federal volunteers.
The Director may appoint a System
Member who participates In Alert
activities 118 such a Federal volunteer.
The Director may also appoint each
System Member who participates in
DHS-aanctionad prsplirt3dnass activities
as a temporary axcaptad Federal
volunl:Gar. DHS intends these
appointments to secure protection for
such volunteers u.o.dar the Federal
Employees Cornpensatlon Act and the
Federal Tort Claiiilll Act and do not
inland to luts:fe're with any preexisting
employment relationship between a
System Mambc.r end a Sponsoring
Agency, Cooperating Agency or
Parl:lcipating Agency. System Members
whom DHS appoint& as tamporat·y
excepted Federal volunteers will not
receive any compensation or emJlloyae
banefit directly from the United States
of America for their service, but will be
comp.ensotad tht·ou!Jh their Sponsoring
Agency,
salecl:lld System positions that mny bo (3) Review nnd UJ1clale. mrs will
used for t'Slmbur11ermml of A!'flllutod rev law unclupdnte tho'l'abla
Pa;'flonnol componsntion and Buckflll fnr periodiC~Jlly, ut laost rmmlnlly, 'l'ho
Actlvutod Systllm Mombaruumployud connnonte o.f Sponsoring and
by Ol' otlwrwlsa nssocinled with n for-Part!clpaling Agonal as nnd lhoh•
p!'Ofl'lllnrtloiputlng Agency." In thnl axpa!•lm\Cil with the '1'nblu will bo
~uma &action, tho tm·m "Affllintad oonsldoJ'Ild and evnluntad lnl:he cout•ao
PBt'Bonnal" iu doflnod as "lndividuuls of tharevlows.
not n01111ally employed by n Sponsoring (4) Initial raws and subzmquant
Agency or Pnrtlolpaling Agam:y and l'BVislons. DHS will publish tbe Jnltlnl
lndlvldunls nol·mully affiliated with n m11xlmum pay rate table In tho Fodot•nl
Sponaorlllg Agency or l'nrtloipating Ruglslor• us n notice with requoot for
Agency as vohmtmn'!l." aamments. Subsequent revisions will be
(b) ScopB of this seclian. (1) Tho mude to the pay ratarebla as OPM
Mlllclmum Puy Rule 'fobla nppllan to chungas salary l'ut.aa us desorlbod In this
those Individuals who W'e not normally section, When ~uhsoquent t•ovlstons at'll
employed by a Sponsoring Agency or mnde to the mnximum pay mta tabla
Purtlalputlng Agency, 01' whose DHS will publish the new maximum
nffillnt!on with a Sponsoring Agency or pay rata table in tho Fedornl Register.
Parllaipaling Agency is us a volunteer; Tlu1 rates will be effacllva for thaln:teut
that Is, an lndlvlduul whom the yeW' indicated by OPM.1
Sponsoring Agency or Participating (d) Application rtf tl1e maximum pay
Agency does not normally compensate rote table-(1} Appliaobility. The
In any way, at any rata. Maximum Pay Rate Tabla sets forth
(Z) The Table also applias to Backfill . maximum rates for which DHS will
for Activated System Members . .reimburse the Sponsoring Aganoy for ..
employed by or otherwise associated oampansa.tion paid to Activated
with n for-profit PW'tiaipating Agency. Affiliated Personnel and as l3 nckllll for
(c) Method for determirdng maximum Activated Sysl:llm Members employed
pay ratas, (1) DHS uses the United by or otherwise associated with a for·
States Office of Personnel Management's profit Pa.rtioipa.tlng Agency.
salary rates, computed under 5 U.S. C. (2) Higher rates. The Spoll!iodng
5504, as the basis for'tha maximum pay Agency may choose to pay Affiliated
mte schedule. DHS consider'S System Personnel at a higher rate, but DHS will
mambal'l!' experience and sets maximum not :reimburse the increment above the
pay rates at the ma.'<imum !Jl'nda, middle maximum rare specified inlha
step for each position, which Maximum Pay Rate Tabla. Llkawlse, the
demonstrates an experience level of five Sponsoring Agency may choose to enter
years. inlo a Participating Agonoy agreement
(2) The Office of Personna! with the individual's employer, rather
Management (OPM) publishes snllll'y l:hnn use the individual as an Affiliated
and locality pay schedules each Personnel, In which case the Maximum
calendar year. Pay Rl!i:a Tabla would not apply,
(i} Physir:ians. DHS uses thelalflst (3) Compensation for Sponsoring
Special Salary Rata Table Number O:HIO Agency employees serving as Affiliated
for Medioni Officers (Clinical) Personnel. An employee of a Sponsoring
Worldwide ['Or physicians. The rates Agency sorving on a Task Force Inn
used in the inltlal Table can be found oopaclty other than his or her normal
nthttp://wl!!•'t'Mpm.gov/oca/03lablas/ job, e.g., a fire depm·tnmnt dispatcher
88RIHTII'fLI0390.rlflp. affiliated with "the Task Faroe ns n
(ii) Enginaers and Canine Handlers. canine search specialist, as an Affiliated
DHS uses tha latest Ganem! Schadula Personnel, would not necessarily be
pay scale for both positions: Both · subject to the Maximum Pay Rat_e Tabla
spaoiulties IU'e compared ta tho General for relrnbursamant for snlary and
§ 208.12 Maximum Pay Rate Table. Schedule pay scale to enaura pal'lty with benefits for thntlndiviclual. However,
{u) Ptuposfl. This 8eclion ellt!Jbll~haa Uka spechdties on a task force (canine Sponsoring Agenclea muy use tharntes
tlm process fur croat:lng and ttpdating lmndiara IU'llcqunted with resoue in tl1a Mrodmum Pay Rate Tnble liB a
tlHl Ma.'(lmum Pay Rnle Tnble (Tnble), spaoiallsts), The rates used fn the ini!la.l llulde f01· entnbllshlng companaa:tlon
nnd the 'fable's use to l'elmlmrae Table cnn be found at ltttp:ll lavols fur h'UCh lndlvldunls.
Afflliuled Pet•sonnol (Task Faroe www.vpm.gov/aaa/03tables/htmll (•1) Backfill uxprmses foJ' Affiliatod
Physicians, Took Farce Engineers, nnd g~>.usp. Personnel under§ 200,39(81· (I) The
Cnnina Hamllors) and llaokfill fur (Iii) Locality Pay. To determine only way that DHS cn:n relmbur·se for
Autivulud Sysl:llm Mambara employed nd)ustmanta for locnlily pny DHS usll8 llnckflll oo~ts Incurred fo1: ~ffll!atad
.. PY..!!t9.\\!~t~l~~ .. !!~!l!J~latad with a Jot'· .. th.aJu.to.f!t.J.ocallty pny nmns (Including Porsonnel1s through PW'tlctpubng
prof:ltPW'ticipntlng Ageniiji; Siictloii' . ' tha ''Rsst ofU.S." ara'ti)as[illlllidied bf .. ' "" " ....... ' ... " "'" '" '" ' ........ "
200.32 dofinon the "Mnxin1um l'ay Role OPM, Tho ral:lls used In the lnlllal Table 'fnoonm yonrn lim lnluulylllll' ruuy uo!bo tho
Table" llH "the Dr·IS-Issued tabla tlmt con ba found ut l!ttp:llwww.opm.gal'! ~:~::;;r.:'~~·:~fi.'!"f~::i~'~~t:~·~;.?i~~~~~~.'.j'~m
ldantifi~u tha mmdmum pay rnl:aa for aualaatablosl/acdof.aap, :wna nchuduluu "l'llly,
OlDIJ Fcdcrnl Roglstcl'/VoL 70, No. 36/Tlmracluy, Februfll'y 24, 2005/Rulas and Regulations
Agam:l!m, If ralmbursainonl 'foi· Bnoklill
oxpanpus is naadlld fm• Afl:lltutocl
Pot·sonnal, DHB oncourngas lhom to uJ•ge
!hair amployr:U'li or prol'easlonul
nnsoclntlon to seek ParllclpuLing Agone.)'
stulus.
Office!' will Issue a call for CoOJl!ll'!Itivo (n) Admlnlsb'!ltlon, iuoludlng:
Agreement umrmdmont 11ppliootlons. (1) Munngomant nnd ndmlnlall'llUon of
The Aaalstnnoa Offloar willepaalfy duy-to-duy System uct!vitltm suoh ns
required uppliootion forms nud pet'llonnol compammtlou nml bancflls
supporting documoalntlon to be relating lo System mulntannnce 11nd
submitted with the appllcnt!on, dovelopuumt, record keeping, Inventory
{t[J l'tl!•atu, for-profit Ol"ganizations,
Pm·tlclpntfna Aganoy nlnlus In nvullnblo
to pt•ivnla, fot··pi'Oflt organizations, u.g.,
HMOs or madloul or englnoerlug
pmfesslal\!tl assoclntlons, uncle!' tha
revised definition of "l'artlclpnting
Agency" sat forlh In this fntorhn rulo,
(Sao Dellnillona, § 208,2, Participating
Jlga!lcy; und § 208,32, Maximum Pay
Ralo 7'able). When n for-profit
Pnrllolpntlng Agency must backfill an
Aollvatnd Systmn Member's position we
wlll companaate tltat Pru·tioipating
Agency up to lha maximum rata
provldod in the Table.
{iii) Comp1msalion aosls, DHS w!ll
reimburse fur-profit orgnnizntlons, for
purposas of reimbursamenl and Backfill,
for tho System Member's ncL11al
compansatlon or the actual .
compensation of the individual who
Eackri.lls a position (which includes
salary and benefits, as described in
§§ 208,39 and 208.40), but will nat
reimburse for billable or other ratns that
might be charged for services rendered
to commercial clients or patients.
§§ 208..13-208.:<0 [Reserved]
Subpart 8-Preparedness Cooperative
Agreements
§208.21 Purpose.
Subpart B of this pert provlclrn~
guidance on the adminisb:atlon of
Preparedness Cooperative Agreements.
§208,22 Preparedness Cooperatlvo
Agreement process.
(nl Application. To obtnin DfJS
funding for an award or amendment of
a Preparedness Cooperative Agreement,
tlta Sponsoring Agcmcy must submit an
application. Standard form SF-424
"Application for Federal A5slstanaa"
Jlenet·ally will be used, However·, the
application must be Inn form that ths
Asslatanca Officer BJ:lecifles.
{2) Psn'ad af puifamwncs, Abgont of equlllmr:mt, nnd corrospondanoo;
spoclnl olromnstnnces, the period of {2) Trnvello and !rom System
pelformunclll'ot· Pr!ltlllredtums · notlviUoa, meotlngs, oonfel'llncan,
Coopa1•ntivo Agreements will ba 1 yenr h'!!lning, drUls and wclll'Cisas;
from the data of award. Tho Asslslanoa (a) Tastn and axtuninnllona, Including
Offloer may allcw'fot• nn altarnnta vnoolnations, immunizations nnd other
period ofporforn11mca with tho 11pprovnl ·tools thntnra not normally required or
oftlw Db·aator, provided In the course of 11 System
(3] Assistance Of!lcel', The Asslslunco Member's employment, and thntDI-IS
Ol'flcar ls lha only indlvldualnuthorizod requiras to mast its stand!U·ds.
to nw11rd or· modll'y n Prep!U'Bdnass (b) Tmlnlng:
Coopat'!ltivo Ag•'Oernant. . (1) Development and delivery of, and
(d) Award amounts, Tha OJ:rectol' will psrlioipntlon In, System-rolatad ltalning
dotermlna award amounts on an nnnual ooursrn~, axei'oisas, nnd drills:
basis. A Task Foree is aliglhlo for nn (a} Consb:uotlon, maiolennnca, lanse
annual nwnrd only if the Program or purchase of Syatam-rala!ad training
Manager receives and approves the Task facilities or materials;
Force's currant-year Daily Cost Estimate. (3) Personnel compensation expenses,
(e) DHS priorities. Tl1e Director will . including overtime and other related
establish overall priorities for l:ho usa of expanses assaoiatad with Systom-ralntad
Preporad!lllss Cooperative Agreement training, exercises, or drills;
funds taking into consideration the (4) System-requi:red aVllluations and
results of roadinoss evaluations and certl:ficatlons other than the
actual Activations, overall priorities of carti:l'laatlona that DHS requires System
DHS, and other factors, us appropriate. Members to possess at the time of entry
{f) Cost shoring. The Director may into the System. For instance, DHS will
subject Preparedness Cooperative not pay for a madiclll school degree,
Agreement awa:rds to cost sharing paramedic cortification or.
p~ovisions. In the call for Pxeparedness rooertiflaatlon, civil engineering license,
Cooperative Agreement amendment etc.
appl!catlons, the Assistance Officer (c) Equipment:
must iniol'lll Sponsoring Agencies about {1) Procurement of equipment and
BllY cost sharing obligations. supplies specifioo.l.ly identified on the
{g) Sponsoring llgency priorities; Th.e. than·ourront DHS-epprovad Equipment
Sponsoring Aganoy should indicate Its Cacha List; ·
spencllng priorities in the application. (2) Maintenance and repair of
The Program Managet• will review these equipment included on the currant
priorities and wlll make Equipment Cacho List:
recommendations to the Assistance (S}Matntananca and repair of
Officer fur negotiating tha final . oqulprnant acquired with DHS approval
agreement. throttgh the J!adernl Excess Property
(h) Responsibilit]' fa maintain progl'liJll, except 118 provided in§ 208.25
fntagritJ' of ~he equipment r:oche. Tha of this part:
Sponsoring Agency ls responsible to (4) Purchasa, construction,
maiutn!n thelntGgrity or lim Gquipment maintenance m·lense of storage rnc!lllles
cache, including bul: not limited to, and assoclutad aquipmont for Syatam
mainbmnnoe oftha oecho, replacement oquipment and auppllaa. , .
of equlptuant or supplies expanded In (d) Disnster search canine axpllllllaa
!.ruining, activations, orlocnl usa ofthe limited to:
coclm, and timely avallubilHy of the (l) Proourl!mant for use ns a System
cache fur Tnsk Force Aotlvatiomr. msom·ce;
(bl Jlwanf, DB'S wlll nward n
Pra/)ru•odnesa Cooparntlve Agreement to
aac 1 Sponsoring Agency to pt•ovlde
Faderul funding to develop and
mnintnln Sylltom resouroo capnbilttlee §20D.23 Allowable costs under
und opemt!onnl readiness. For the Preparedness Cooperative Agreements.
(Z) Tmlnlng and oertifloatlon
expenses;
purpo11as uf the Prepw"adn~sa System Membern may spand Faderul
Cooparntlva Agreement, the Sponsoring f<mda that DHS provideH under any
Agency wlll be conNidorad tha l'reparadness Coopel'ativa Agreement
"t•aolplant." and any l'llCJulred matching ftuuls under
A:~~!~~~;~~fiif!lcif.;;~l:~~:£jj~!s wiif · t!u~~u~;ffrl6it~t1~; iia6t~~}iJ;i·!in~ ·
fund nnd amend Proporadness ulloot~bla coutu "that directly suppurt
Coopel'lltive Agroemonlu on an mmunl System actlv!Uos, inC'Juding the
l.Juuis. Before nmendmettl, tim Asslslunce following:
(3) Veterinary c8l'a,
(e) Management and ndminisll'ntive
co~ts, nctunlly inaut't'lld but not
othet•wlse npacll'!ed in thla section t!JOI
directly support the Sponsoring
... A'iieiicy'i;"US&:R'cfifiitl.Jilily; pi·ov!dod ·
llml 9uob oosto do not excaod 7.5
pe1uent of the nwnrd/nnumdment
amount.
l?odct•ttl Rogisttn·/Vol. 70, No. 36/'fhursday, li'abl·uary 24, 2005 /Rules and Regulations U1!lll
§203.24 Purchase nnd mnlntommcc ol
Items not listed on Equipment Cacho List.
(n) RaquMts for purchase m•
mninleuunce of llC]lJipmonlnnd llUp]llian
not appearing on the Equipment Cnuhe
Lhlt, or thut excaad tha number
R[leoltled In the Equipment Cunha r.!st,
must bu made In wt'ltlng to the Progt·nm
Mnnngm·. No Ji'edaml funrln provided
under lillY l'L'!lpnreclnass C'.oopat'!ltlva
Agt'Bamont may be axprmdod to
pm·chnsa m• malntnln any equipment or
supply I tam unless:
(1} 'I'l1o aqulJllnent 1mcl suppliG!i
directly support the Sponsol'ing
Agency's US&R capability:
(2] The l'rogrnm·Mml!l!JBI' upprovos
the axptmdltu.re and gives written notice
ofhis or her approvnl to the Sponsoring
Agency before the Bponsorlrig Agenoy
pill'Chllst~s the equipment or supply
!tam,
(b) Mnlntenanca of items approved fur
purchaso undor this seotlon is aligibla
for ra!mbursamant, axt:apt.as provided
in § 20ll,2G Qf this subpart,
§ 208.25 Obsolete equipment.
{a) The Director will periodically
identify obsolete items on tha
Equipment Cnobe List and provide such
information to Sponsoring Agencies.
(b} Neither funds that DHS provides
nor matching funds required under a
Preparedness Cooperative Agreement
may be used to maintain or repair ltams
that DHS has idanUfied as obsolete.
§ 208.26 Accountab!llty for use of funds.
The Sponsoring Agency is
accouotable for the use of funds as
provided under the Preparedness
Cooperative Agreement, including
finam:lalt13porting and ratenUon and
access requirements according lo 44
CFR 13.41 and 13.42,
§ 200.32 OcRnlllons of torms unad In tills
subpar!.
llf!JIIalecl Parsannal manns
lndlvlduvls not nm·n'tully employed by o
Sponsoring Aganoy or Pnrtlolpntlng
Agency nnd indlvlduuls normally
nf'llllnlad w!U1 n SponsorlugAgency ot'
Pm'i:lolpnting Agenoy na volunlaet·s.
DemoblJJzaliot! 01'Ci£JJ'Jlltlfll1S II mrs
comlmmlontlon lhnt lerm!nntas nn Alort
or Activntlonmtd lderrt!fios cost and
tlmo nllownnoBB for relwbllilatlon.
Exemptmmms imy System Member
who !s (;!l(flmpl from tho t·aquiremenls of
the Futr Labor Standards Act, 29 U,S.C,
ZD1et seq., partnlning to overtime
oompans!ltlon and othat•labor
stnndords,
Maximum Pay Ra/:e Table ll10ntlS lha
DHS-!ssued tabla thntldrmtiflas the
mnxlmum pay rates for selected System
positions that may he used for
reimbursement of Affillatad Personnel
compensation and Backfill for Activated
System Msmbers employed by or
otherwise nssoclnted with a for-profit
Participating Agency. Tlu1 Maximum
Pay Rate Tabla does not apply to a
System member whom a Sponsoring
Agency or Participating .Agency
amploys.
Mobilization means the process of
assembling equipment and parsonnel in
response to an Alert or Activation.
Non-1LY11mpt means !lilY System
Member who is covered by 29 tJ.S.C.
201 atseq.
Rlihobilitotion mesns the process of
returning pareonnel and equipment to a
pro-incident statG of raadiness after DHS
terminates EUl Activation.
nnd ·pollates of general nppllotttlon
when requesting ralmbursement from
DHS except as lt aetll out lt1 thl.q ~nbpnrt,
(d) Indlract casts. Indlraol costs
beyond tho.uclmlnlatl'lrtlva nnd
manugomont costs nllownnce
aolnblishod by§ 2tl0.41 of·llliu pnrl nt·a
not nllownbla.
· § 200.114 Agrenmonts betwoen Sponsoring
Agonclas nnd others. ·
Sponsodng Agancle81U'I':I responsible
for executing such agraomcnts with
Pm'llolpntlng Agencies nnd Affiliated
Personnel ns mny be nooassw·y to
Implement tlul Sponsorlug Agency's
Response Caoperativo Agroamant with
DHS. Those ngraamrmts must identify
estnblislted hourly m· dnilyrates of pny
fot• System Members. Tho hourly or
dally rotes of pay fur Afflllntad
Personnel must be in accordance with,
and must not exceed, the maximum pay
rates contained in the lhan·current
Maximum Pny Rl!te Table,
§ 208,35 Reimbursement for Al:Msory. '·
DRS will notrolmbutsa aosts inourrad
du.rlng an Advisory.
§208.35 Reimbursement for Alert,
(a) Allowable casts. DHS wlll
rslmbuxsa costs inouued during llll
Alert, up to the dollar limit specified in
the Alert Order, fur the folla>lfing
nativities:
(1) Parsonnel costs, Including
Backfill, incurred to prepare for
Activation.
(2) Transport!ltion costs relating to
hiring, lensing, or ranting vehialas and
drivel'S.
§ 208.33 Allowable costs. (3) The administrative alloW!Ince
(a) Cast neulmlily. DHS policy ia that provided in§ 208.41 of this part,
an Alert or Activation should be as cost (4) Food and baverages fur Task Force
§ 208.27 'J1tle to equipment.
neutro.l as possible to Sponsoring Members and Support Speclalllrta when
Agencies nnd Participating Agencies, To DRS does not provide meals dlll'ing the
mnka an Alert or Activation cost-Alert. DHS wlllllmit food nnd bevernga
Title to equipment pLu·chssad by a
Sponsoring Agency with funds provided
under a DHS Praparodness Cooperative
Ag!'eemant vasts in the Sponsoring
Agency, provided that DHB reserves tha
right to !:mnsfer tltle·to the Federal
Gov·emment or n third party that DHS
may nama, under 44 GFR 13.32[g), for
oxnmple, when a Sponsoring Agency
lndlontcs or clemonstratas that it aannot
fulfill its obltgntiona tmdor the
Memorandum of Agreement,
§§ 206.26-206.80 [Reserved]
Sullparl C-Response Cooperative
Agroements
neutral, DHS will roimbUl'Se under this relntbursement to the amount of the
subpart allt·easonable, nllowabla, than-currant Federnlmenls dally
neCllssory und allocable costs tltnt a aJ1ownnca published in tim Federal
Sponsoring Agency or Participating Rogister for the locality wharo such food
Agency Incurs during the Alart or and lmverogas wuro provided,
Aotlvntlon. · multiplied by the numbardparaonnel
(b) Actual cool's. Notwlthatandlng!Uiy who received Utetu.
other p!'ovlslon of this chapter, DHS [b) Calculation aj' Alert Order doll01•
wlll not reimburse n Sponsoring Agenoy limit:. The Alert Order dollar limit will
or Pnrticlp1tting Agency for any costa equnl: .
gl'O!lter than those thut U1a Sponsoring (1) An allowunco of 10 percent oflhr1
Agency or Participating Agency actu!ll!y Task Forca's Dally Cost Esl!mnte; nmt
incurs dw:lng lU1 Alert, Aotivallon. {2) A supplemental allowance of 1
(c) Normal or pmdel'OI'Illlned put'GI:mt of ll1e 'l'ask Force's Daily Cost
pmclices. Consistent with Office of E!sttmnta for euch 2.4-hom• period
Munugament and Budget (OMB) b!lJond the first 72 hours of Alert.
"§2oii;a'i" ~urf,iose: .. · ........ · ....
Subpurt C of this part pl·ovldas .
guidance on tbe administration of
Uosponne Cooperative Agreamenlfl,
Circulars A-21, A:.a7, A-toz unci A-(c) Nan-allawoble cost·s. DHS w!!l not
·· .. iiift2C:FRpiiit:ii5); iiii'iipplfc'itblrii; · · · · · i'ciimoiirsfi coiil:iflnciln'(ii.lon'lilloUng to·····
Sponoorlng Agencies nnd Pnrtlc!pnt!ng the leuslng, hiring or cluu•lurlng of
Aganolas must ndhm•a to thelr own tth•craft or the purchase of any
normul nnd pradatal'minocl practloae equipment, ah'CI'Ui\, or vehicles,
9200 Fedcl'!ll Register/Val. 70, No. SO /Thursday, February 24, 2005/Rultul nnd Regulntious
§ 208.37 Reimbursement for equipment
nnd supply costs Incurred during
Actlvntlon.
(n) A/lowabln ao.~bl. DHS will
l'llhnbursa casll! Incurred :For the
omalnoncy tn'Ocm·omont of equipment
and supplla~ In tho numba1·, Lypa, nnd
up to lho oont spuaifiad in tlu; ourt•an!
nj>provad Ilqulpmnnt Cacha r.lst, and up
to tha llflfll'llgnte d ollnr limit spec! fled In
tho Actlvutlon Order. Thn Dlt·eotormny
dclormlna omorganoy prooUJ•ament
dollru· llmils, tuk!ng Into account
pl'llVlous Activation hlstol'Y• nvnilnbla
funding, the exlant and nntUI'O of tho
lnaldant, nnd the currant stuta of Task
fo'oroa randinoas.-
(b) Nan-Allowable cosbl. m-rs will not
reimburse costs h1curtad for ltanlB thnt
are not llot~>d on tl16 Equipment Cacho
Llsi:j for items purohaued greater than
the cost or quantity ldonlifl(ld in th(l
Equipment Cache ListJ or for nny
purchnsenf non-expendable items that
dupllonta a previous purchase under a
Prep!ll'adness. or Response Cooperative
Agreement.
§.208.38 Relmbursetllent for re-supply and
logistics costs Incurred during Aollvatlon.
Wltb the GXcept!on of emergency ·
procurement authorized in the
Activation Order, and replacement of
consumable Items provided fur in
§ 208,43(a](aj of this subpart, DHS wlll
not reimburse costs Incurred for re-
supply and logistical support during
Activation. Re-supply and logistical
support of Task: Fotuas needed during
lllhe Sponsoring Agencv or Partlclpallng
Agency • 1 •
Actlvntlonm·a the responslhtllly oflha
Joint Mtmngamant Tonm.
§ 208.39 flllltnburscmnnt for personnel
costs !nc\U·red during AcUvullon.
(o) Campcmsalion. DHS wtll
rahnbm·ae the Sponsol'ing Aganoy fur
coats inmm'fld lor the compenmrl!on of
anob Activated System Mambm• during
Aatlv11tlou. Ralmburnomant of
compansutlon costs for Activnled
SupJlort Speclnllsts will be limited to
pal'iods of time dut•lng which they ware
actively supporting the Aottvalion or•
tmvc:~l!ug to or from locations nt which
thay wara natively supporting the
Activation, The provisions of§ !WD.40 o·f
this part govern costs Incurred for
providlng Mnge baneflts to System
Members.
(b) Public Safety Exemption not
appllr:able. DHS will reimburse .
Sponsoring Agencies for costs incurred
by Non-Exempt System Memba1·s in
accordance with 29 U.S.C. Z07(a) of the.
Fair Labor Standards Act, wi~hout · .
regard to the publlc safety exemption
contained in 29 U.S.C. 207[k). In other
words, DB'S will reimburse Sponsoring
Agencies on an overtime bnsls for any
haUl's worked by Non-Exsmpt System
Members greater than 40 hours during a
regular workweek.
(c] Tour of duty. The tour of duty fur
all Activated System Members will be
24 hoUI's. DHS will reimburse the
Sponsoring Agency for salary and
overtime costs incurred in
And the Sponsoring Agency or Partlolpatlng
Agency • ' •
(I) Customarlly and usually compensates Ex· Does nol customarily and usually grant com-
amp! System Members by paying a salary, penaalory Ume or other form or overllrna
but not ovar!Jma, . . . subslllule to Exempt Syslam members.
(19 Customarily and usually compensalas Ex·
ompl Sya!em Members by paying a salary
but not overtime
(Ill) Guslo1narlly and usually compensalea Ex·
empl System Members by paying a salary
and ovarllma,
Customarily and IISUally awards oompan·
salary lima or olher overtime subslllule for
Exempt System Meinbars lor hours worked
above a praclalarmlnad hours threshold (lor
example, lha Sponsoring Agency oualom·
fUlly !l11d usually grants compensatory lime
lor all hours worked above 60 In a given
week).
Customarily and usually celoula!ao overllma
for Exempl System Members by paying a
praoolarmlnod ovarllme payment for each
hour worltad above a predalarmlnad hours
threshold,.
compensutlng System Membors for meal
i>arlods and ragulfll'ly sahaduled slot!p
perloda during Activation. Acl!vrtted
System Membarsru'fl conaldarad "on-
duly" uud must be nvailubla ·fut•
hnmediala response nt nil Limas d1lrlng
Aotlvutlon.
(d) Regulaz'l'atll. The regular l'!ttll for
plll'poaes o·f cnloulntlng nllownble salary
nnd ovet'tlme costs is thonmount
determinGd in accordance wilh
§ ZO!l.39(e)(1) througl1 (3) ofthls
subpart,
(a] Pmoodures for caloulating
compensalfon duriJJg Aclivallml. A
Sponsoring Agency or Pw•tlclpntlug
Agency must:
(1) Convert tho base hourly wage of
any Non-Exempt System Member
regul!ll'ly pnid under 29 U.S.G. 207(k) to
lts equivalent for a 40-hour work weekJ
(2) Convert the annunlsallll'y or any
salaried Non-Exempt System Member to
lts hourly equiva.lant for a 40-hour
wqrkwacik;. . .
(3) Calculate the daily compensation
of Exempt System Members bused on
their currant annuslsa.lary, exclusive of
fringe benal'its;
(4) Csloulate the tota.l number of
hours worked by each System Member
to be included in the Sponsorlng
Agency's request for reimbursement;
and
(6) Submit a request for
relmbursenient under§ 208.52 of this
part according to the following table:
Then !he foUowlng compenaallon coals are
aDowabls:
The dally compensallon equivalent calculated.
under § 208.39(e)(3) ol lllls pal'l for each
Ac!ll/'aled Exempt Syslem Member lor each
full or partial day durtng Acllvallon.
The dally compensallon equivalent caloulaled
under § 20B.39{e){3) or lhls part lor each
Acllval_ed Exernpl System Member for each
full or parllal day during Acllvallon AND lha
dollar value al thG lime of accrual of the
oompensalory Ume or other overtime sub·
slllule lor each Aoilvaled Exempt Syslem
Member based on lhe durallon of lha Aoll·
vallon.
The dally .oompensallon equlvalanl oaloulaled
under § 208.31l{e)(3) or lhls part for each
Aotlvaled EKempl System Member for oaoh
full or partial day during Acllvallon AND lhe
predetermined ovar!lmo paymGnl lor oaoh
hour during .lhe Aotlvatlon above lhe pre•
vlously dalermlmid hours lhreshold for each
AcUvaled Exempt Syslam Member.
(lv) Customarily and usually oompansales Non· Does nol customarily and usually grant com·
Exempl Syslem Members by paying ovsrtlma pansa!ory lima or other form of ovarilme
aller 40 houn; par wael<, subs!llule lo Non·Exampt Syslem members,.
For eaoh seven-day. pGrlod durlnl) !he Aollva·
lion, lhe hourly wage of each Aollv~tad
Non-Exempt Syalam Member lor lhe firs!
.... !10. hours .. AND .Jhe ... ov.erllma .. payment for ___
each Ao!lvalsd Non·Exampl System Mam·
bar for every hour over 40.
Fodern1 Rogistcr/Vol. 70, No. 36/TbUJ•sday, Fabt•um·y :ltl, 2005/Rules and Ragulntlon11 9201
If lha SpotlnoJ!og Agencv or Participating
Agenuy 1 1 •
And lha Sporlllorlng AgatlllV or Parllofpatlng
Agallcy' • •
Than !he fallowing oompensallon oosls ara
allowable:
(vJ Customarily and usually oompsnsales Non·
Exampl Syslom Members according Ia 11
oompansullan plan eslabUshad under 2!! u.s. c. 207/k), .
DOllli nol ous!ornnrlly and usually gran! oom-
pansalory Uma or olhar form of ovarllma
subsll!ula lo Non·Exempl Syelam Mam!Jars,.
For aaoh aevon·day period during !he Acllva-
l!on, lha hourly wage equivalent of each Ao·
Uvatad Non-Exempt System Member cal·
culatad undar §208.38(e)(1) of !his pnrt for
I he first 40 hours AND tho ovarllme pay-
man! aquivalanl lor ooch Ac!lvutad Non-Ex-
amp! Syslam Member oa!culaled under
§20!1,39(e){1) ol lhls pari (or every hour
ovar4o.
{YI) Acllvales Poroonnel, who are cuslom!lrlly
and usually paid an hourly wage according to
lha Maximum Pay Rata Tabla,
(vii) Acllvates Artl/la!ad Personna! who ara nUa·
lomarlly and usually paid a dolly companse·
lion rnle according lo lha Maximum Pay Rata
Tabla,
{f) Reimbursement af addJUanol
salary and overllmo costs. DHS wUl
reimburse ony ldantlfiod additional
snlnry and o1•artlme coat incurred by 11.
Sponsoring Agency ns a rasult of tho
l:amporary conversion of a Non...Exompt
System Member normally compensated
under 29 U.S.C. 207(k) to a 40-hour
work waok under 29 U.S.C, 2.07(11).
(g) Reimbursement for Bar:kfill casts
upon Activation. DHS will relmburaa
the coat to Backfill System Mambal'!;,
Backfill costs conslst of the expanses
generated by filling the position in
II the Sponsoring Agancv or PartldpaUng
Agellcy • 1 •
whlcll the Aclivatod System Member
should hnve baen working. These costs
are caloulal:ad by subtracting lhe non-
. overtime compenBatioo, including
f1·lnga benefits, of Aottvated System
Members from tha total costs (non·
overtime ond overtime compensation,
including fringe benefits) paid to
Backfill the Activated System Members.
Bncklill roimburaament !s availnbla only
for Utose positions that era normally
Bw:ikfillad by the Sponsoring Agency or
Participating Agency during Aclivalion.
Then the Sponsoring Agency or ParllclpaUng
Agency must • • •
(1) Incurs 11 lrfnge benant cost basad on the Bill DHS far a pro-rata shnrs of the premium
number of base hours worked by a System bii.Sad on the number of base hours worked
Member, during AcllvaUon.
(2) Incurs a lrlnga benam cos! based on lha Bill DHS for a pro-rata share or the premium
number of hours e System Member actually based on lha number of hours aaah Syslam
workad (bass hours and ovartlma), Member worked during Aollvallon.,
{3) lnccrs a fringe benefit cOBt on a ysarly basis
based on lho number ol people employed
full-lima during the year,
Blll DHS lor a pro-rata share or those fringe
banefllcos!a baaed on the number·of non·
overtime hours worked durtng Aotiva!lon by
System Members employed lull lima,
For auoh aavan·day period during the Alllli·
alad Ao!lva!lon, lha hourly wage lor aacl1
Aolfvatad Af!lllatad Personnel !or lha Hrsl 40
hours and one and one-halt limes the hour·
ly wage lor each Aollvalad Afllllaled Per-
sonnel lor avery hour ovor 40. .
The dally compensation rats for each Ac!l·
valad Af/ilialed Personnel lor each futl or
parUal day during !he Acllvallon.
Employees exempt ~mder the Fa1r Labor
Standards Act (FLSA) not normally
Backfilled by the Sponsming Agency or
Participating' Agency ora not eligible for
Backfill during Activation,
§ 208.40 Reimbursement ol fringe benefit
costs during AcUvatlon.
(n) Bxoapt as specified In §208.40 (c)
of this subpart, DHS will reimburse ilia
Sponsoring Agency £or fringe benefit
costs inour.rad during Actlvati on
according l:o the following table:
Example
The City Fire Department inaurs a p remlum al
3 percent for dental coverage based on lha
number ol base hours worked In a weak
(58 hours). The GUy should bill DHS an ad·
ditlonal 3 paroanl of !he lfraflghler'a con-
verted oompanssllon for lhe Oral 40 hours
Aollvallon.
The City Fire Department pays a premium of
12 peroenl lor rallremant basad on the
number ol hours worked by a flrellghter.
The City should bill DHS an addiUonal 12
percent ol the !lrallghtars total compansa·
lion during Activation,
The City Fire Deparlmenl pays workers oom·
· -pensatlon pramlums lnlo .the City risk .fund
lor the following year, basad on !he number
of full·llma Qreflghlam employed during lha
currant year. TheGIIy should blll DHS for
woikeio compensaUon pramlum cools by
muiUplylng tile hourly fringe banellt rata or
amount by the number of non·overllma
hours worlmd during Aotlvatlon by full lime
llraflghters who are System Members.
(b) DifferenUol pay. mrs will Actlvntloulncludlng, but not limited to, reimbursed under pal'llgrnph (a) of thlu
· rolmbut·so !he Sponnorlng-Agtmcy fot• · · · · diffarant!nls puld fm• holidays, night.. -Gection •. Adatalled.axplunutlon ofthe ............ _. _ ..
cllract coG!:IJ Incurred bacnuso of any work, huzardous duly, or other paid dlffarentiol payment for which the
sopnruta dlfforenllnl oomptmantlon paid frlngo benol'!Ln, provided such Sponsoring Aguncy l!aaka
for work performed during llll differentials nrs not otherwise rolmbursament nmslnccornpany lli1Y
9202 l7cdcrul Rcgistel'/ Vol. 70, No. :J6/Thursclay, Fobruury 2'!, 2005 /Rules and Regulnlious
t•oquo6t for l'tdmhm'flaammt under this
section together with ldontll'lcutlon of
ovary fringe benefit sought under
§20il.40(ft) of this prn•t lllld the mrlthod
used to cnlculnta each such prtyrnrmt
nnd 'lhel'Oirnhursemant HOllSht fmm m-rs.
(c) DHS willnolrelmbmsa th a
Spon8o1•ing Agency Iot• fdnge banant
coutn Cm• Mflllntod Purnomtal.
§ 20BA1 Admln!slmllvo al!owanao.
(nJ Tlle ndmtnlsll'llttve nllowunoe is
Intended lo deft·uy costs of the following
nctivl!ios, La the exlent provided In
pm·ngrnph (b) of this section:
{1) Collaotlng r;xpatldltura
information from Sponsol'lng Agencies
nnd Partlclpa!lng Agonotes:
(2) Compillnl! nnd summarizing cost
toaot•ds and ra!mbursament claims;
(3} Duplicating cost l'acords and .
rolmbursen1ant claims; and
(4) Submitting ratmbursam1mt clnl!ns,
including mailing, transmittal, and
ralnted costs.
(b) The adminislratlve allowance will
ba equal to the following:
(1) Iftotel allowable costs are less
than ~100,000, S percent of total
allowable costs included in the
reimblll1!ament claim;
(2) If tote1 allowable costs are
$100,000 or mora but lass !han
$1,000,000, $3,000 plus 2 percent of
costs included in the reimbursement
claim greater than $100,000:
(3) rr total allawnble costs are
$1,000,000 or more, $al,OOO plusl
percent of costs included in the
reimbursement claim groatEll.' tbnn
$1,000,000,
§ 208.42 Aelmbursomenl for other
administrative costs,
Coats incurred for conducting after-
notion meetings and preparing after·
nell on report~ must be billed aa direct
costs in accordance with DHS
adm!nlslxntiva policy.
oon&mnublnltam oi1·the Equipment
Gncha T,lsl thnl was oonuonmd during
Aat!vntlon,
(3) Parsamml aosl.~ associated wlth
aqulpuumt cacJw relwb!lilntlon, DHS
wllll'almburuaconls incm•red for tha
compansnUon, including bonents,
puyable fo•·uctunl time worked by ouch
person engaged in mhnbllltntlng the
equipmant cuche following Actlvntlon,
in nccol'dunce with tlta standard pay·
polioy of the Spot1sorlng Agency or
Participating Agauoy nnd withoulragord
to lhe }li'Ovlalons of§ 2011,3Q(a)(1) of this
pnl't, up to the numbm• of hourn
A peel find in tho DamoblliZiltlon Order.
Frlngahenaflts ru'G reimbursed undat•
Ute provisions of§ 206.40 of this part.
(hi Costs far personnel l'elwbilitation.
DHS willralmbursa costa Incurred for
the oompanantion, including benefits
and Bnckfill, of ench Activated Syslem
Member regularly scltadulad to work
during tho rahnbltitation period
spacified In the Damoblllzatlon Orda.r,
. Jn accordance with the standard pay
policy of the Sponsoring Agency ot•
Participating Agency and without .regard
to the proviaioruJ of§ 2.0B.39{e)(1) of this
part.
(c) Other allowable casts-(1] Loool
transportation. DHS wlll reimburse
costs incurred for transporting Task
Force Members from the point of
assembly to the point of departure and
from the point of retum to the location
where they a:re released from duty. DHS
will also reimburse tl'lU!sport!rl:lon costs
incun"Gd far nssambllng nnd moving the
equipment cache from its usual plaoe(s)
of storage to the point of departure, and
from the point of return to its usual
plaoe(s) of storage. Such reimbursemant
will include costs to return the maans
of l:l'ansporlatlon to itl! point of odgtn.
{2) Ground transportation, When DHS
orders 11 Sponsoring Agency lo move its
Task Force Members nnd equipment
cache by grolllld transportation, DHS
will reimburse costs incurred fo1• such
transportation, including bul not limited
§ 208.43 Rohab!lltallon. to chm·ges for oonlroot G!UTiel'fl, rented
DHS will reimburse costs lnourracl to vahicles, contract vol1icle operntors,
retum S)•stem equipment and personnel float vehicles, fuel nnd nesoclat:ad
to 11 state of reudlnoss IoJlowlng transportation expanses. Tha Director
Activation uu provided in this section. has authorlly lo Issue schedules of
(aJ Casts for Equipment Caclto List maximum hourly or par mila
items-{1) Non-consumablultcms. DHS relmhurgament roles for fleet and
wUl rolmburaa costs incurred to l'Clpuh· contract veb.iolas.
or I'flpiuca any non•consumab!e Hem on {3) Food and baverogos. DHS will
the Equipmmt Cncho f,ist lhnt wna lost, reimburse oxprmdlluras fo1• food und
dumagacl, dastroyacl, or domttad at IJTiS beverages for Aotivotod Task Force
cllrac!lon to nnothar an!lly, dul'lng Members and Support Specialists when
Aativntion or lrnvaling to or [l'Om
loaullons ut which they wara notlvoly
supp01'ling the Actlvntlon.l?ood nnd
havemgo rclmburuemcml :wm be limited
lathe amount of lha than-om't'Ont
J?edat•ul m enls and inr.:idantnl axpansea
daily nllownnoe publlshad In the
Fodornl Roglsto1' fot·lho loc:ullly where
such fond nnd baverngali ware pl'Ovldad,
mulUplled by !he number of pat·sonnel
who I'Daolved lha same.
§ :me,qq Re!mbursomont for othor costa.
(a) Except us ntlowad under paragrnph
(b) of this saoUbn, DHS wlll not
railnbursa other costs Jncurrad
preoadlng, during or upon tile
conclusion of an Activation unless,
bafore making l:l1a axpandilure, the
Sponsoring Age nay l1as requested, in
writlng, permission for a specific
axpandilura and hoti l'llOelvad wrlttan
permission from the Program Managet•
or his or her designee to nwke such
axpanditura,
(b) At the discretion of the Program
Manogar or his or her designee, 11
request for approval of costs presented
after the costs were incurred muat be in
writing and establish that:
(1} The expenditure wns essential to
the Activation and was ra!lBonablo:
(2) Advance writt8llapproval by the
Program Manager was not feasible; nnd ·
{3) Advance verbal approval by the
Program Manager had bean requested
nnd was given.
s 208.45 Advance of funds.
At the time of Activation of a Task
Force, the Tlillk Force will develop the
documentation nm::esaary.to :requeat an
advance of funds be paid to such Task
Foroe's Sponsoring Agency. Upon
approvlll, DHS wiU submit tl1e
documentntion to the Assistance Oificar
nnd will request an advance of funds up
to 75 peroan t of the estimated parsonnal
costs for the Activation. The estimated
parnonnal costs will include the
saluda~, benal'itn, and Bookrill costs for
Task Force Membern nnd an estimate of
the salaries, hene!its nnd Backfill coats
required for equipment cache
rahab!UtaUon. Tl1e advance of funds
wlll not include any costs for equipment
purchase.
§208.116 TIUo lo equlpma11t.
Title to equipment purchased by a
Sponsoring Agancywith funds proviclad
under 11 DHS Response Cooparallvc
Agt·aemtJnt vaals in tllll Sponsoring
Aotlvallon. For ench such Jtoru, tha the Fadet•nl government dmlH not · · · · ··· · e~m~;;;-1~~ ~~~.~~~;~~~·~!1~t=·Vti!PI~;s~n. · · ~~1X~g~t:;~;ii1~nt~ti~~~~~if~~~rag!J ·
Agency, provided that DHS rr;sorvas the
··at'\B.'l.t.~!'.~~~:.~!~:.t!;!il.~ .tdo ~!~~ ~~~d~t~:anl I"s· .. . . . . . .. . .. overnman, or a ' 1r pa:r.r .: lD "
dnmEtge, destruction, or donut! on. cost~ fur Aclivnlml Support Spaolntlsls
(2) Gvnsumabla itams. DHS will will be llmltad to periods of t!ma durlng
t·utmbut•ae coals incm•t•ed to repiaoo 11ny which they ware uotivaly aupportlnglha
may uuma, undtJr 44 CFR 13,32(g), wllun
n Sponsoring Agtlncy Indicates Ol'
damonstml:as that it mu1not fulfill !ls
Federnl Rlll:Jisl"cr/Vol. 70, No. 36/ThmBday, l1abrunry 24, 2005/Rulas nnd Reguln:tlons 92.03
ob!Jgnllons under the Momot'm1dum of
Agroamont.
§§208.4'1-200.5'0 (Rcsorvod]
Subpart 0-Reltnbursernenl Claims
and Appeals
§ 2011.51 Gcnoral.
(n) Purpose. This subpnrt ldonllflas
thell rocodmos that Sponsoring
Agenclos must usa to request
raimbumemrmt !'rom DHS for cos!s
lnourred undet• Response Cooporntlvn
Agraemants.
(b) Policy. It Is DHS policy to
reimburne Sponsoring Aganolas ns
· · expeditioustras possible consistent
with Fademl laws and rugulalions.
§208.52 Aolmbursemont procedures.
(n) General. A Sponsoring Agency
must praserrt a clailu for reimbursement
to DHS ln such manmll" us the Directot·
specifies.
(b) Time for .submi•sion. {1) Claims for
reimbursement must be submitted
within DO days after tlta end of the
Personnel Rehabilitation Period
specified in the Dsmobil!zntion Order,
(2) The Director may extend and
specicy the tim a limitation in plll"agraph
(b)(1) ofthis section when the
Sponsoring Agency jlllltiflas end
requests the extension ln writing.
§§ 208.53-208.59 · [Reserved]
§ 208.60 Determination of claims.
When DHS receives a reviewable
chum !or rnlmbursamant, DHS wlll
I'BView the claim to determine whether
!IIId to what extent reimbursement is
allowable. Except as provided in
§ 206.63 of this part, DI:IS will complete
ILH review and give written nolico to Ute
Sponsoring Agency of its determination ·
within DO days after the data DHS
receive.~ tho claim. IfDHS determines
thut any item of cost is not eligible fur
reimbursement, its notlca of
determination wlll specify the grounds
on which DHS dlsnllowed
reimbursement.
§ 206.61 Payment or claims.
Manngar nny doterml11ntlon muda undiJt•
§ 208.00 of Lhls pm·t to disallow
ralmbursemant of nn Item or cost:
(1) Tha trpf>Gol must be In wdting and
submitted w thin 60 duy!lnl'ter l'OOnlpt of
DHS'• written notice of disnllownnce
undm• § 208,60 oftltlu part.
(2) The apptllllmust contain legal nnd
fnctunl!uutlfloutlon Cor lhn SpmtHorlng
Agency's contention thnt·the oout Is
nllowubla.
consGnt af the Sponsoring Age11.0y, no
mo1·a lhnn one suol1 tlmo oxhmslon wlll
be allowed Fornny stugo oftha
.ralmbuxaamant mtd Ojlpanl pmcesses.
§ :208.64 Admlnlstrullve and nudlt
raqulramenls,
(a) Nan-Ji'ederol audit. For Spot1Korlng
Agencies o11d Stntos, t'Bquit•amonts for
non~Feda~nlnudit nre contained In 44
CFR 13.26, inllccm·dnnco with OMB
Clrnulor A-133, Audits ofStatoa, Local
Govemmonts, and Non-Proflt
Orgnnlzutlona,
{3) Within QO days nftet• ntiS mcalves
nn oppaol, the Program Munagerwlll
ravlaw the lnformntion r.ubm!tted, mnko
such ndcli!ionaJ !nvastlgntlons as
llacaHsnry, make a dotermlnution on the
appeal,. and I!UhmH wdtlan nottco of the
detm·mlnntlon of the nppealto the
Sponsoring Agency.
(bl Final appeal. (1) If the Program
Mnnnger denies the ln!tlal appeal, in
whole or in part, tho Sponsoring Agency
mny submit n flnnl nppoul to tho Dopuly
Director. The appeal rnllllt be made in
writing and must buubmlttod not Inter
than BO days after racoipl of writton
notice of DRS's determination of the
initial appeal.
(2) Wtthin 90 days following the
receipt of a flnnluppaal, the Deputy
Director will render a determination and
noticy the Sponsoring Agency, in
writing, of the final disposition of the
appeal.
(c) Failure to file limely appaal. If the
Sponsoring Agency does not file en
appeal within the time periods specified
in this section, DHS will deem that tho
Sponsoring Agoncy has waived Its right
to appeal any deolslon that could have
bean the subject of an appaal.
§ 208.63 Request by OHS fer supplemental
Information.
(b) FedeJ'a/ audit. DHS or tho Ganem!
Accounting Office may aleot to conduct
a Federal audit of nny payment made to
a Sponaoring Agonay or State.
§206.65 Mode oflransmlsslon.
When sending all submissions,
datarmlnatlona, and requests for
.supplamantallnformntlon under ·this
subpnrt, all parties must use n means of
deli vary that permits both the sander
and addressee to vorify the dates of
delivery. ·
§ 208.66 Reopening of claims for
retrospective or retroactive adjustment ot
costs.
(a) Upon written request by the
Sponsoring Agency DHS will reopen the
tlme period for submission of n mquest
fur roimbuxsamant after the Sponsoring
Aganny has submitted its request fot
reimbursement, if:
(1) The aalnry or woge rete applicable
to the period of an Activation is
.retroentivaly changed due to the
execution of a collective bargaining
agreement, or due to lhe adoption of a
generally applicable State or local law,
ordinance or wnga order or a oost-of-
liv!ng adjttstmrmt;
· (2.) The Sponsoring Agency or any
PIU·ticlpating Aganoy incurs an
additional cast bGcBuse of a legally·
blndlug de termination; or
(3) Th.e DaputyDlrectordetarmlnas
that other extenuating cli'Oilmstancas
existed that pravonood the Sponsoring
Agency Itom including lha ndjustmant
of costs in its origlnal.submlsslon,
(c) Tho Sponsoring AgGncy must
notify DHS aa enrly as p1·aoticable that
it anticipates such n request.
§§ 200.!l7-200.70 [Reserved]
DHS willl'lllmburse ell nHowable
oosls for which n Sponnoting Agency
J'equea!s reimbursement within 30 dnys
ofter DHS determines l:lml
mimburaGment Is allowable, In whole or
In pnrt, ut any stuge of thll
reimbursement and appeal pt·cicassea
ldmtlfiecl in tlds subpiU·t. ·
§ 200.02 ApJ>eals.
. .(n). luitial apprm/. The Sponsoring ...
Agency may nppllai to the Progmm
[aj At nny stage of the reimbursaqtent .
and appeal processes identified ln this
subpnrt, DHS may request the
Sponsoring AgBncy to provide
supplamantal!nformatlon that DHS
considers necessary to determine either
a clniro fur reimbursement or an appeal.
The Sponsoring Agency must exoro!sa
its best efforts to provide l:he
supplemental information end must
sub111it to DHS a wrlltsn response tbnt
includes such supplemontul informntlon
as t!UJ Sponsoring Agency Is ab]G to
provide w!Utln 30 days after l'Gcelving
OHS'n request.
(b) If DHS makes a request for
aupplomentallnfonnalion nt tmy ull.!go
of lho rohnbursemant nnd appanl
prooeBses, tho nppllcahle time within
which lla determination of the clnlm or
nppenlls.to ba.mude.will be ext:Gnded ...
by :10 days. Howevnr, withuut tha
Datod1 1rebruury a, :moo.
Mlchnol D. Dt·uwn,
Unc/ar Sucretary, Tfmaf'gOIICif Pmparm!nus.~
aud J!aspam;a, Dapar!mHnta[f.famulaJid
Security.
. IE!.tP.o.~·. P~:-~1.£1.?. !')1~~.2-;Z~.-:O~; or•le .rur!l.
IIIL~IIIQ COPE Ot10·lln-l'
Participating Agency's Point of Notification
Appendix C
Participating Agency[, ______________ _,
Participating Agency Director:
Name:[ __________________ _
Phone Number[ _________________ __,
Email:[ __________________ _
Participating Agency Liaison for Florida Task Force 2:
Name:L-__________________ __,
PhoneNumberL_ _______________ ~
Ema!l: [ __________________ _
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day was first observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water,
cut heating and cooling costs, moderate the temperature, clean the air, produce
oxygen and provide habitat for wildlifo; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
foe/ for our fires and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the economic vitality
of business areas, and beautify our Community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I Robert G. Premuroso, by virtue of the authority
vested in me as Vice Mayor of the City of Palm Beach Gardens, Florida, do
hereby proclaim January 18, 2013 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands; and .fUrther, I urge all citizens to plant
trees to gladden the heart and promote the well-being of this and foture generations.
Attest:
Patricia Snider, CMC, City Clerk
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the Seal
of the City of Palm Beach Gardens,
Florida, to he affixed on this lltlt day of
January in the Year Two Thousand and
Thirteen .
Vice Mayor Robert G. Premuroso
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Ordinance 1, 2013
Subject/Agenda Item: An amendment to the Fiscal Year 2012/13 budget to adjust fund
balance carryovers to actual amounts and to carry forward amounts committed from the
FY 2011/2012 budget for outstanding purchase orders and open projects that cross
fiscal years.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Affected parties
~------------~
Approved by: ] Notified
] Not required
Budget Acct.#:
Meeting Date: January1 0, 2013
Ordinance 1, 2013
Page 2 of 2
BACKGROUND: Section 166.241 , Florida Statutes, requires that amounts available
from taxation and other sources, including amounts carried over from prior fiscal years ,
must equal total appropriations for expenditures and reserves. To ensure budgeted
expenditures do not exceed available resources, it is customary to adjust beginning
fund balances to the prior year's actual year-end amounts. This Ordinance amends the
FY 2012/2013 budget by adjusting Fund Balance Carryovers to actual amounts, as
detailed in Exhibit "1".
In addition, under Generally Accepted Accounting Principles , as one (1) fiscal year
comes to a close and a new fiscal year begins, the City is required to carry forward the
funds appropriated for prior year obligations that will be paid in the new fiscal year. This
Ordinance amends the FY 2012/2013 budget for amounts reserved and designated
from the FY 2011/2012 budget fo r outstanding purchase orders and commitments as
they relate to open projects that cross fiscal years, as detailed in Exhibit "2 ". Some of
the more significant projects, by fund , that are being re-appropriated include the
following:
General Fund
Municipal Complex Enhancements
Information Campaign Services
Allamanda Water Control Structure
Radio Consortium
Gas Tax Fund
Bridge Refurbishment
Recreation Impact Fund
PGA Park
Plant/Lilac Park Expansion
Police Impact Fund
Emergency Operations Center (EOC)
Road Impact Fund
Traffic Signals
Intersection Improvements
(PGA and Lake Victoria Gardens)
$ 207 ,096
100,500
98,149
77,742
1,271 ,137
153,516
465,140
195 ,291
571 ,129
498,100
Other Significant items covered in this Ordinance include:
• Through Resolution 113 , 2009 , the City Council designated a one-(1) time
allocation of $150,000 of art impact funds to the maintenance and
preservation of City-owned works of art. The remaining balance, at the
end of each fiscal year , shall be carried forward for ongoing maintenance
projects. FY 2013 carry forward totals $118,864 .
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 1, 2013 as
presented on first reading.
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Exhibit "1"
General Fund · ' -~----------------~
Expenditures (Uses)
Restricted for Law Enforcement 001.0900.519.9926
Assigned for Other Purposes 001.0900.519.9929
Assigned for Budget Stabilization . 001.0900.519.9930
Revenues (Sources)
Fund Balance Carryover 001.389.0000
· Gis Tax 1'mnf
Expenditures (Uses)
Restricted Reserve 103.3000.539.9924
Revenues (Sources)
Fund Balance Carryover 103.389.0000
Expenditures (Uses)
Assigned Reserves 104.2000.519.9931
Revenues (Sources)
Fund Balance Carryover 104.389.0000
Expenditures (Uses)
Restricted Reserves 002.1000.521.9924
Revenues (Sources)
Fund Balance Car over 002.389.0000
Increase (Decrease)
626,283
114,229
1,658,725
2,399,237
Increase (Decrease)
(9,576)
(9,576)
--Increase (Decrease)
8,029
8,029
Increase (Decrease)
(1,154)
(1,154)
G :\finance_administration\Budget Amendments\FY 2012_2013\ordinance 1 2013_exhibit1_fundbalance
---------------------------------------
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Exhibit "1"
Expenditures (Uses)
Committed Reserves 304.1400.515.9932
Revenues (Sources)
Fund Balance Carryover 304.389.0000
Road
Expenditures (Uses)
Restricted Reserve 305.0900.541.9924
Revenues (Sources)
Fund Balance Car over 305.389.0000
Police &tJ?4t:l" Fund
Expenditures (Uses)
Restricted Reserves 302.1000.521.9924
Revenues (Sources)
Fund Balance Car over 302.389.0000
Fire lmpaet Fund
Expenditures (Uses)
Restricted Reserves 303.1200.522.9924
Revenues (Sources)
Fund Balance Carryover 303.389.0000
Recreation Impact Fund
Expenditures (Uses)
Restricted Reserves 301.2000.572.9924
Revenues (Sources)
Fund Balance Carryover 301 .389.0000
Increase (Decrease)
(106,888)
(106,888)
Increase (Decrease)
(355)
355
Increase (Decrease)
11,585
11,585
Increase (Decrease)
1,241
1,241
Increase (Decrease)
531,747
531 ,747
G:\finance_administration\Budget Amendments\FY 2012_2013\ordinance 1 2013_exhibit1_fundbalance 2
Unrestricted Reserves
Reserv ed Net Assets
Fund Balance Carryover
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Exhibit "1"
Fleet Maintenance Fund
Expenditures (Uses)
Revenues (Sources)
501.3020.539.9920
501.3020.539.9921
501.389.0000
Golf Course Fund
Expenditures (Uses)
Assigned Reserves 106.2500.572.9931
Revenues (Sources)
Fund Balance Carryover 106.389.0000
Unrestricted Reserves
Reserved Net Assets
Fund Balance Carryover
Self Insurance Fund
Expenditures (Uses)
Revenues (Sources)
505.950.519.9920
505.950.519.9921
505 .389.0000
Increase (Decrease)
(226 ,521)
1,251,589
1,025,068
Increase (Decrease)
(51,632)
(51,632)
Increase (Decrease)
(217,267)
42,393
(174,874)
G:\finance_administ ra t ion\Budget Amendments\FY 2012_2013\ordinance 1 2013_exhibit1_fundbalance 3
GLAccount
001.0220.512.3150
001.0220.512.4420
001.0220.512.4650
0 01.0220.512.6400
0 01.0900.519.3150
001.1000.521.6400
001.1000.521.8120
001.1030.521.4600
001.1030.521.6420
001.1400.515.3150
001.2000.572.6900
001.2080.519.4600
001.3000.539.5200
001.3000.539.6400
001.3000.539.6900
001.3000.539.6900
001.3030.539.5200
001.3030.539.6900
001.3030.539.6900
001.3030.539.6900
001.3040.541.4600
001.3040.541.6900
§LAccount
001.389.0000
103.3000.539.4600
103.3000.539.6900
GLA~~ount
103.389.0000
City of Palm Beach Gardens
Budget Amendment -Ordinance 1, 2013
FYE 09/30/2013
Exhibit "2"
Expenditure/Project Name
Additional Budget
Adjustment
GENERAL FUND
Professional Services -Other 10,000.00
Equipment Rental -
Maintenance Contracts -
Capital Equipment -
Professional Services -Other -
Capital Equipment -
Aid to Gov Agencies -Radio Consortium -
Repair and Maintenance -
Controlled Capital-Type Equipment -
Professional Services -Other -
CIP -Municipal Complex Civic Enhancement -
Repai r and Maintenance -
Materials and Supplies -
Capital Equipment -
CIP-Klock Multi-purpose Fields Renovations -
CIP-Equipment Upgrades for Energy Efficiency -
Materials and Supplies -
CIP -Golf Course Sewer Connection -
CIP -Council Chamber i mprovements -
CIP -Lobby Conference Room i mprovements -
Repair and Maintenance -
CIP -Allamanda Water Control Structure -
Total Increase to Exfl!lnditures $ 10000.00
Revenues
Appropriat ed Fund Balance 10,000.00
Total Increase to Revenues $ 10,000.00
LOCAL OPTION GAS TAX FUND
Repair and Maintenance -
CIP -Bridge Refurbishment -
Total Increase to ~penditures $ -
Revenues
Approp riated Fund Balance -
Total Increase to Revenues · $ -
Reserved for
Encumbrances
-
468.00
3,212.00
-
35,500.00
-
-
3,232.00
5,560.00
51,060.00
11,880.00
17,056.00
-
18,794.00
1,950.00
2,500.00
1,070.00
-
1,018.00
-
15,521.00
-
$ 168,821.00
168,821.00
$ 168,821.00
57,718.00
42,797.00
$ 100 515.00
100,515.00
$ 100,515.00
Designat ed for
Project s
10,000.00
-
-
10,000.00
65,000.00
47,000.00
77,742.00
-
-
-
195,216.00
-
48,409.00
15,000.00
8,908.00
1,205.00
-
10,465.00
13,490.00
7,288.00
-
98,149.00
.$ 607,872.00
607,872.00
$ 607,872.00
1,228,340.00
$ 1 228,340.00
1,22 8,340.00
$ 1,228,340.00
l ncrease/(Decrease)
to Budget
20,000.00
468.00
3,212.00
10,000.00
100,500.00
47,000.00
77,742.00
3,232.00
5,560.00
51,060.00
207,096.00
17,056.00
48,409.00
33,794.00
10,858.00
3,705.00
1,070.00
10,465.00
14,508.00
7,288.00
15,521.00
98,149.00
.$, 786,693.00
786,693.00
$ 786,693.00
57,718.00
1,271,137.00
$ 1328855.00
1,328,855.00
$ 1,328,855.00
1-
GLAccount
301.2000.572.6900
301.2000.572.6900
301.2000.572.6900
301.2000.572.6900
~LA~count
301.389.0000
302.1000.521.6900
GLAccount
302.389.0000
303.1200.522.6410
GLACC!I!!!l~
303.389.0000
304.1400.515.4600
~LA~~~~ynt
304.389.0000
305.0900.541.6900
305.0900.541.6900
305.0900.541.6900
~LACCO!!nt
305.389.0000
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/2013
Exhibit "2"
Expenditure/Project Name
Additional Budget
Adjustment
RECREATION IMPACT FUND
CIP-PGA Park Improvements -
CIP -Plant/Lilac Expansion -
CIP -City Park Expansion (Phase Ill) -
CIP-Gardens Park Parking Lot Expansion -
Total Increase to ExP.!!ndltures $ -
Revenues
Appropriated Fund Balance -
Total Increase to Revenues $ -
POUCE IMPACT FUND
CIP-Police Emergency Operations Center -
302.1000.521.6900 Total -
TotaUncreasUQ.JxP.!!ndltures 5 -
Revenues
Appropriated Fund Balance -
Total Increase to Revenues $ -
FIRE IMPACT FUND
Capital Equipment-Vehicle -
303.1200.522.6410 Total -
Total Increase to Ex~nditures $ -
Revenues
Appropriated Fund Balance -
Total Increase to Revenues $ -
ART IMPACT FUND
Repair and Maintenance -
304.1400.515.4600 Total -
Total Increase to ExP.!!nditures $ -
Revenues
Appropriated Fund Balance -
Total Increase to Revenues $ -
ROAD IMPACT FUND
CIP ·Traffic Signal-Gardens Pkwy & Kew Gardens -
CIP -Traffic Signal-PBGHS Lilac & Military Trail -
CIP -Intersection Improvements-PGA & Lake Vicotoria Gardens -
305.0900.541.6900 Total .
Total Increase to Exoendit.llres S -
Revenues
Appropriated Fund Balance -
Total Increase to Revenues $ -
Grand Total All Funds $ 10,000.00
$
10,000.00
10,000.00
Reserved for
Encumbrances
19,087.00
-
3,248.00
-
$ 22,335.00
22,335.00
$ 22,335.00
.... ·.
16,471.00
16,471.00
$ ...16411.00
16,471.00
$ 16,471.00
41,562.00
41,562.00
$ 41562.00
41,562.00
$ 41,562.00
-
-
_$ -
-
$ -
323,261.00
-
-
323,261.00
_ 5_ ;123.261.110
323,261.00
$ 323,261.00
$ 672,965.00
672,965.00
$ 672,965.00
Designated for
Projects
134,429.00
465,140.00
34,625.00
6,725.00
$ 640 919.Qit
640,919.00
$ 640,919.00
178,820.00
178,820.00
_S 178820.00
178,820.00
$ 178,820.00
-.
$ .
-
$ -
118,864.00
118,864.00
$ 118,864.00
118,864.00
$ 118,864.00
32,094.00
215,774.00
498,100.00
745,968.00
_S _
745,968.00
$ 745,968.00
$ 3,520,783.00
3,520,783.00
$ 3,520, 783.00
lncrease/(Decrease)
to Budget
~
$
$
$
$
$
$
$
$
$
$
$
153,516.00
465,140.00
37,873.00
6,725.00
663,~,0Q_
663,254.00
663,254.00
195,291.00
195,291.00
195,291.00
195,291.00
195,291.00
41,562.00
41,562.00
41,562.00
41,562.00
41,562.00
118,864.00
118,864.00
118,864.00
118,864.00
118,864.00
355,355.00
215,774.00
498,100.00
1,069,229.00
_.1,069 229.00
1,069,229.00
1,069,229.00
4,2o3,748.oo I
4,203, 748.00
4,203,748.00
1
2
3 ORDINANCE 1, 2013
4
5
6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
8 BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING
9 OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013,
10 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
11 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
12 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
13
14
15 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted
16 a Budget for the 2012/2013 Fiscal Year; and
17
18 WHEREAS, the City Council has determined that an amendment needs to be
19 made to the previously adopted Fiscal Year 2012/2013 Budget; and
20
21 WHEREAS, the City Council deems approval of this Ordinance to be in the best
22 interests of the health, safety, and welfare of the residents and citizens of the City of
23 Palm Beach Gardens and the public at large.
24
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
27 OF PALM BEACH GARDENS, FLORIDA that:
28
29 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
30
31 SECTION 2. The City Council hereby amends the revenues and expenditures
32 listed in the attached Exhibits "1" and "2" and adopt such amendments as to the Budget
33 of the City of Palm Beach Gardens for the Fiscal Year October 1, 2012, through
34 September 30, 2013, inclusive.
35
36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
37 hereby repealed.
38
39 SECTION 4. 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 jurisdiction
41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
42
43 SECTION 5. This Ordinance shall become effective immediately upon adoption.
44
45
46
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Ordinance 1, 2013
PASSED this __ day of _______ , 2013, upon first reading.
PASSED AND ADOPTED this __ day of _______ , 2013, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: ----------------------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 :\attorney_share\ORDINANCES\2013\0rdinance 1 2013 -budget amendment.docx
Page 2 of 2
AGAINST ABSENT
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Ordinance 3, 2013
Subject/Agenda Item: Amending Chapter 2. Administration, Article IV. Code
Enforcement, Division 3. Code Enforcement Procedures, Section 2-236. Findings; order.,
and Section 2-241. Service of notices. in order to update notice requirements for code
enforcement proceedings.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
J.E. oughney, Ill
Deputy City Manager
Approved by:
Originating Dept.:
rlotte Presensky
Unified Services
Director
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
[ ] Notified
Costs: $--'N"""/.:....:A __ _
(Total)
$ N/A
Current FY
Funding Source:
] Operating
] Other
Contract/Agreement:
Effective Date:
N/A
Expiration Date:
N/A
Budget Acct.#:
Council Action:
] Approved
] Approved w/
Conditions
] Denied
] Continued to:
Attachments:
• Ordinance 3, 2013
Meeting Date: January 10, 2013
Ordinance 3, 2013
Page 2 of2
BACKGROUND: In March 2012, State Bill 704 was passed amending a number of
provisions related to building construction and inspection in Florida, including modification
of how local government code enforcement boards serve notices to property owners.
Notices must be mailed via certified mail to addresses listed in the Palm Beach County's
Tax Collector's Office, or to any other address provided by the property owner in writing to
the City. If the property is owned by a corporation, notices may be mailed to the registered
agent of the corporation. Notices are no longer able to be mailed by first-class mail
directed to the addresses furnished to the local government with a properly executed proof
of mailing or affidavit confirming first-class mailing. Such changes must be reflected in the
City's Code of Ordinances as follows:
PROPOSED AMENDMENT:
Sec. 2-236. Findings; order.
(a) (This sub-section shall remain in full force and effect as previously adopted.)
(b) The special magistrate's decision shall then be transmitted to the violator in
the form of a written order including finding of facts and conclusions of law
consistent with the record. The order shall be transmitted by certified mail to the
violator as provided herein to the violator within ten days after the hearing. The
order may include a notice that it must be complied with by a specified date and that
a fine may be imposed and under the conditions specified in section 2-237, the cost
of repairs may be included along with the fine if the order is not complied with by
such date.
(c) (This sub-section shall remain in full force and effect as previously adopted.)
Sec. 2-241. Service of notices.
(a) All notices required by this division sRall must be provided to the alleged
violator by certified mail, return receipt requested to the address listed in the tax
collector's office for tax notices, or to any other address provided by the property
owner in writing to the local government for the purpose of receiving notices. For
property owned by a corporation, notices may be provided by certified mail to the
registered agent of the corporation. If any notice sent by certified mail is not signed
as received within thirty (30) days after the date of mailing, notice may be provided
by posting as described in sub-section (b)(2) below; by hand delivery by the sheriff
or other law enforcement officer, code inspector, or other person designated by the
city council; by leaving the notice at the violator's usual place of residence with any
person residing therein who is above 15 years of age and informing such person of
the contents of the notice; or in the case of commercial premises, by leaving the
notice with the manager or other person in charge. If such notice is sent by certified
mail to the mvner of the property in question at the address listed in the tax
collector's office for tax notices, and at any other address provided to the local
government by such owner and is returned as unclaimed or refused, notice may be
provided by posting as described in subsection (b)(2) below and by first class mail
directed to the addresses furnished to the local government with a properly
executed proof of mailing or affidavit confirming first class mailing.
(b)-(d) These sub-sections shall remain in full force and effect as previously
adopted.)
. (e) This section shall not apply to notices of special meetings.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 3, 2013 as
presented on first reading.
1
2 ORDINANCE 3, 2013
3
4
5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA AMENDING THE CITY'S CODE OF
7 ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE IV.
8 CODE ENFORCEMENT. DIVISION 3. CODE ENFORCEMENT
9 PROCEDURES. BY REPEALING SUB-SECTION 2-236 (b) AND
10 READOPTING SAME, AS REVISED, IN CONFORMANCE WITH
11 RECENT AMENDMENTS TO SECTION 162.12, FLORIDA
12 STATUTES; FURTHER AMENDING DIVISION 3. CODE
13 ENFORCEMENT PROCEDURES. BY REPEALING SUB-SECTIONS
14 (a) AND (e) OF SECTION 2-241. SERVICE OF NOTICES. AND
15 READOPTING SUB-SECTION 2-241(a) WITH REVISED NOTICE
16 PROVISIONS IN CONFORMANCE WITH RECENT AMENDMENTS
17 TO SECTION 162.12, FLORIDA STATUTES; PROVIDING THAT
18 EACH AND EVERY OTHER SECTION AND SUB-SECTION OF
19 CHAPTER 2. ADMINISTRATION. SHALL REMAIN IN FULL FORCE
20 AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
21 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
22 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
23 FOR OTHER PURPOSES.
24
25
26 WHEREAS, the City Council desires to amend Article IV. Code Enforcement.
27 Chapter 2. Administration. Subsection 2-236 (b) and Section 2-241. of the City Code of
28 Ordinances in order to update its notice requirements for code enforcement
29 proceedings, both revisions being in conformance with Chapter 162, Florida Statutes,
30 which was most recently amended to revise notice requirements set forth at Section
31 162.12, Florida Statutes, pursuant to SB 704, adopted during the recent 2012 legislative
32 session; and
33
34 WHEREAS, the City Council deems approval of this Ordinance to be in the best
35 interests of the health, safety, and welfare of the residents and citizens of the City of
36 Palm Beach Gardens and the public at large.
37
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
40 OF PALM BEACH GARDENS, FLORIDA that:
41
42 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
43
44
45
46
Page 1 of 4
Ordinance 3, 2013
1 SECTION 2. Chapter 2. Administration. of the Code of Ordinances of the City of
2 Palm Beach Gardens, Florida is hereby amended at Article IV. Code Enforcement.
3 Division 3. Code Enforcement Procedures. by repealing Subsection 2-236 (b) and
4 readopting the same as revised in order to update language regarding the notices in
5 conformance with state statutes, providing that Subsection 2-236 (b) shall hereafter
6 read as follows:
7
8 Sec. 2-236. Findings; order.
9
10 (a) (This subsection shall remain in full force and effect as previously adopted.)
11
12 (b) The special magistrate's decision shall then be transmitted to the violator in the
13 form of a written order including finding of facts and conclusions of law consistent with
14 the record. The order shall be transmitted by certified mail to the violator as provided
15 herein to the violator within ten days after the hearing. The order may include a notice
16 that it must be complied with by a specified date and that a fine may be imposed and
17 under the conditions specified in section 2-237, the cost of repairs may be included
18 along with the fine if the order is not complied with by such date.
19
20 (c) (This subsection shall remain in full force and effect as previously adopted.)
21
22 SECTION 3. Chapter 2. Administration. of the Code of Ordinances of the City of
23 Palm Beach Gardens, Florida is hereby amended at Article IV. Code Enforcement.
24 Division 3. Code Enforcement Procedures. by repealing Subsections 2-241 (a} and (e)
25 and readopting Subsection 2-241 (a) as revised in order to update language regarding
26 the notices in conformance with state statutes, providing that Subsection 2-241 {a) shall
27 hereafter read as follows:
28
29 Sec. 2-241. Service of notices.
30
31 (a) All notices required by this division sRaU must be provided to the alleged violator by
32 certified mail, return receipt requested to the address listed in the tax collector's office
33 for tax notices. or to any other address provided by the property owner in writing to the
34 local government for the purpose of receiving notices. For property owned by a
35 corporation. notices may be provided by certified mail to the registered agent of the
36 corporation. If any notice sent by certified mail is not signed as received within thirty
37 (30) days after the date of mailing, notice may be provided by posting as described in
38 sub-section (b)(2) below; by hand delivery by the sheriff or other law enforcement
39 officer, code inspector, or other person designated by the city council; by leaving the
40 notice at the violator's usual place of residence with any person residing therein who is
41 above 15 years of age and informing such person of the contents of the notice; or in the
42 case of commercial premises, by leaving the notice with the manager or other person in
43. charge. If such notice is sent by certified mail to the owner of the property in question at
44 the address listed in the tax collector's office for tax notices, and at any other address
45 provided to the local government by such mvner and is returned as unclaimed or
46 refused, notice may be provided by posting as described in subsection (b)(2) belmv and
Page 2 of 4
Ordinance 3, 2013
1 by first Glass mail direoted to the addresses furnished to the loGal government with a
2 properly exeGuted proof of mailing or affidavit Gonfirming first Glass mailing.
3
4 (b)-(d) These subsections shall remain in full force and effect as previously adopted.)
5
6 (e) This seGtion shall not apply to notiGes of speGial meetings.
7
8 SECTION 4. All ordinances or parts of ordinances in conflict be and the same
9 are hereby repealed.
10
11 SECTION 5. Should any section or provision of this Ordinance or any portion
12 thereof, any paragraph, sentence, or word be declared by a Court of competent
13 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
14 this Ordinance.
15
16 SECTION 6. Specific authority is hereby granted to codify this Ordinance.
17
18 SECTION 7. This Ordinance shall take effect immediately upon adoption.
19
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Ordinance 3, 2013
PASSED this __ day of _______ , 2013, upon first reading.
PASSED AND ADOPTED this __ day of ______ , 2013, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: -------------------------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:\attorney_share\ORDINANCES\2013\ordinance 3 2013 ·code enforcement updates-notices to violators.doc
Page 4 of 4
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Resolution 2, 2013
Subject/Agenda Item:
LA Fitness Plaza Planned Unit Development Amendment
Consideration for Approval: A request by DIV Palm Beach Gardens , LLC for
approval of an amendment to the LA Fitness Plaza master signage program to allow
modifications to the wall sign for Tunie's Natural Grocery Store. The LA Fitness Plaza is
generally located on the south side of PGA Boulevard west of the Florida Turnpike.
[X] Recommendation to APPROVE with three (3) waivers
Recommendation to DENY
d by: Originating Dept.: Finance:
of Planning & Planning & zoning: Accountant
Approved By:
Project Manager
Kathryn DeWitt, AICP
Sr. Planner
[X] Quasi-Judicial
[ ] Legislative
Sarah Varga
Fees Paid: Yes
Funding Source:
[X] Public Hearing [ ] Operating
f---------l [X] Other N/A
Advertised:
[X] Required
[ ] Not Required
Date: 12.26.2012
Paper: Palm Beach
Post
[ ] Not Required
Budget Acct.#:
N/A
Effective Date:
N/A
Expiration Date:
N/A
Council Action:
] Approval
] Approval w/
Conditions.
] Denial
] Continued t o : __
Attachments:
• Development
Application
• Project Narrative
• Location Map
• Resolution 2, 2013
EXECUTIVE SUMMARY
Meeting Date: January 10, 2013
Resolution 2, 2013
Page 2 of 5
A request by DIV Palm Beach Gardens, LLC for approval of an amendment to the LA
Fitness Plaza signage program to allow a larger tenant sign for Tunie's Natural Grocery
Store than is permitted by City Code. The Applicant is also requesting to deviate from
the color scheme of the plaza to allow a green sign. Staff is recommending approval of
the three (3) waiver requests.
BACKGROUND
City Council approved the PGA National Resort Community, a Planned Community
Development (PCD), with the adoption of Ordinance 34, 1978 and Resolution 43, 1978.
Subsequently, the site plan for Shoppes on the Green was approved by the City Council
as a Planned Unit Development (PUD) through the adoption of Resolution 1, 1986 for a
16.55-acre parcel consisting of 76,280 square feet of retail, a 41,255-square-foot
supermarket, and a 13,054-square-foot drugstore.
On August 19, 1986, Resolution 37 , 1986 was adopted, which approved the
architectural elevations and color treatments for all buildings in the Shoppes on the
Green PUD.
In August of 2005, the PGA National Development of Regional Impact (DRI) was
deemed built out per Resolution 107, 2005.
On September 15, 2008, staff approved an Administrative Amendment (ADMN-08-06-
000238) to allow minor changes to the building exterior and minor landscaping
modifications to accommodate the plaza's current principal tenant, LA Fitness. The
tenant space was previously occupied by Publix grocery store.
On October 9, 2008, the Addressing Committee approved a request to change the
plaza name from Shoppes on the Green to LA Fitness Plaza, and LA Fitness became
the anchor tenant in the previous Publix space.
Resolution 4, 2009 approved an amendment to modify the exterior fayade of the LA
Fitness Plaza. The modifications provided updated exterior paint colors, materials,
signage, and landscaping throughout the plaza.
Resolution 5, 2009 approved the modification of an existing monument sign located
within the median of the Fairway Drive right-of-way (ROW). The modification allowed a
face change of the sign to reflect the plaza's new name.
LAND USE & ZONING
The LA Fitness Plaza is located within the PGA National Development of Regional
Impact (DRI) and the PGA National Resort Planned Community Development (PCD).
Meeting Date: January 10, 2013
Resolution 2, 2013
Page 3 of 5
The plaza has a zoning designation of PUD Overlay with an underlying zoning of
General Commercial (CG-1 ). The future land-use designation of the site is Commercial
(C).
Subject Property
LA Fitness Plaza
North
Mobile Gas Station
Gardens Shul
South
PGA National Residential
East
Ballenlsles
West
Fairway Professional
Center
Planned Community Development
(PCD) I Planned Unit Development
I General Commercial
Planned Community Development
(PCD) I Planned Unit Development
D) I General Commercial (CG-1)
Planned Community Development
(PCD)
Planned Community Development
(PCD)
Planned Community Development
(PCD) I Planned Unit Development
PU
TRAFFIC CONCURRENCY
Commercial (C)
Commercial (C)
Residential Medium (RM)
Residentia l Medium (RM) I
Residentia l Low (RL) I Golf (G )
Commercial (C)
The subject site was deemed built out as part of the overall PGA National Development
of Regional Impact (DRI) in August 2005 per Resolution 107, 2005. No changes to the
approved concurrency are proposed with the subject petition.
PROJECT DETAILS
Site Details
The LA Fitness Plaza is 16 .55 acres and is bordered by Fairway Drive on the northwest,
Fairway Lane on the north, the Florida Turnpike on the east, and 180-foot-wide canal to
the south. The subject tenant space is located at the southwest portion of the plaza and
occupies approximately 14,750 square feet. The plaza has three (3) points of access
from Fairway Drive and one (1) point of access from Fairway Lane (see attached
Location Map). No changes to the existing access are proposed .
Sign age
The Applicant is requesting three (3) waivers. The first two (2) waivers are to allow a
larger tenant sign than is permitted by City Code. The third is to permit the sign to be a
color different than is currently approved for the plaza. The subject tenant, Tunie's
Natural Grocery Store, is a ground-floor tenant and is therefore permitted a sign that
meets the requirements of Section 78-285, Table 24, Flat I Wall Sign for Ground Floor
Uses. Table 2 shows a comparison between the Code allowances and the proposed
sign. In addition to the increase in size, the Applicant is proposing the sign text to be
"holly green." City Code requires ground-floor tenant signs to maintain uniformity in
terms of color and style. The existing monument signs on site also contain the same
Meeting Date: January 10, 2013
Resolution 2, 2013
Page 4 ~f 5
"holly green" color. While the existing ground-floor tenant signs within the plaza are
bronze and white, the "holly green" color is consistent with two (2) monument signs.
T bl 2 s· c a e . tgnage ompartson
Code Allowance Proposed Tunie's Sign
Max. 70 square feet for ground-floor uses 90 square feet
Max. 24-inch letters for ground-floor uses 46inches
Waiver Requests
The Applicant is requesting three (3) waivers with this petition.
Code Section Requirement Proposal Waiver Staff Support
& Discussion --+------
78-285, Table 24,
1 Wall sign for Max. 70 sf 90 sf 20 sf Approval 1
Ground-floor uses
78-285, Table 24,
2 Wall sign for Max. 24-inch letters 46inches 22inches Approval 1
Ground-floor uses
78-285, Table 24, Deviate from 3 Wall sign for Uniform color Holly Green Bronze I White Approval 2
Ground-floor uses
1) The Applicant is requesting a waiver from City Code Section 78-285, Table 24, Flat I
Wall Sign for Ground Floor Uses, to allow a 90-square-foot sign with 46-inch letter
height. The subject tenant, Tunie's Natural Grocery Store, will be occupying
approximately 14,750 square feet of space within the plaza. The tenant space is the
second largest in the plaza; LA Fitness is the largest at 41 ,255 square feet. The
remaining tenants are between 960 square feet and 4,200 square feet. A sign
consistent with the ground-floor tenant criteria would be out of scale for the large
tenant. The ground-floor tenant signs are more in scale with a smaller tenant space.
Due to the size of Tunie's tenant space, a larger sign would be more proportionate to
the size of the roof above the tenant space than a smaller sign would be. A sign
which is in scale with the 90 square feet permitted for principal tenants is more
appropriate given the amount of square footage being occupied by the tenant.
Additionally, the increased lettering will make the sign more visible on the large roof
area. Staff supports the waiver request.
2) The Applicant is requesting a waiver from City Code Section 78-285, Table 24, Flat I
Wall Sign for Ground Floor Uses, to allow green lettering. City Code requires all
ground-floor tenant signs to maintain consistency in style and color. All of the
ground-floor tenant signs within the plaza have bronze and white lettering; however,
the two (2) monument signs for the plaza contain "holly green" lettering. The
Applicant is proposing to match the "holly green" color for its tenant sign. Allowing
the tenant to utilize the "holly green" color will provide flexibility, while still
maintaining color consistency within the plaza. Staff supports this waiver request.
STAFF ANALYSIS
Meeting Date: January 10, 2013
Resolution 2, 2013
Page 5 of 5
The subject tenant, Tunie's Natural Grocery Store, is considered a "Ground-Floor
Tenant" within the LA Fitness Plaza. One (1) "Principal Tenant" is permitted within this
plaza. The "Principal Tenant" is the LA Fitness gym . The gym's existing sign is 90
square feet and is in compliance with the City's Code. The requested sign for Tunie's is
a 90-square-foot sign . The 70-square-foot sign permitted for a ground-floor tenant
would appear out of scale for the large roof area. A larger sign would be scaled more
proportionately. The roof of Tunie's is approximately the same size as the LA Fitness
gym. Therefore, staff supports the request to increase the overall size of the sign to not
more than 90 square feet and the letter size to no more than 46 inches. Additionally,
the subject sign is not visible from PGA Boulevard.
Based on the criteria set forth in City Code Section 78-285 , Table 24, Tunie's is
permitted to locate its tenant sign on the roof. This Code section requires a minimum
square footage of 5,000.
Because the grocery store is considered a "Ground-Floor Tenant," it is required to
maintain consistency with the other signs in the plaza in terms of color, style, and
material. The existing ground-floor tenant signs on site are bronze and white. Tunie's
is requesting a "holly green" colored sign. The "holly green" color exists on the two (2)
monument signs for the project. Because this specific "holly green" color has been
incorporated into the signage for the plaza, staff is supportive of allowing Tunie's to
utilize this green color for its signage.
The existing mounting brackets on the site will be modified to fit the Tunie's name.
Additionally, the mounting brackets for the sign will be painted to match the roof color.
The Applicant has received approval from the PGA National Property Owners
Association .
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On August 29, 2012, the subject petition was reviewed by the DRC. At this time, all
certification issues have been satisfied.
PLANNING, ZONING, AND APPEALS BOARD
On November 13, 2012, the PZAB recommended approval of the subject petition, with
all of the waivers as requested by the Applicant by a vote of 6-1.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 2, 2013 as presented .
----------~--------------
Location Map
LA Fitness Plaza
7100 Fairway Drive
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request:
!Planned Community Development (PCD)
!Planned Unit Development (PUD)
IX"" Amendment to PCD, PUD or Site Plan
n conditional Use
I Amendment to the Comprehensive Plan
n Administrative Approval
I Administrative Appeal
I Annexation
!Rezoning
["Site Plan Review
!Concurrency Certificate
I Time Extension
t Miscellaneous
f:"Other
Date Submitted: [ -····
Project Name: Tunie's Natural Grocery & Vitamin Supercenter
Owner: DIV Palm Beach Gardens, LLC
Applicant (if not Owner): Tunie's Natural Grocery & Vitamin Supercenter
Applicant's Address:5651 Coral Ridge Drive, Coral Springs TelephoneNo. 954-510-0410
Agent: Bonnie Miskel -Siegel , Lipman, Dunay, Shepard & Miskel, LLP
--------------~~--~--~~~----~-----------------------
Contact Person: Bonnie Miskell Beth Edwards E-Mail: Bmiskel@sldsmlaw.com/Eedwards@sldsmlaw.com
Agent's Mailing Address: 5355 Town Center Road, Suite 801 Boca Raton , Florida 33486
Agent's TelephoneNumber: (561) 237-1524/ (561)237-1525
FOR OFFICE USE ONLY
Petition Number: ___________ _ Date & Time Received: _______ 1
Fees Received
Application$
Receipt Number: ________________ _
Sign Company
Arch itect: Robin lntoppa -Interstate Sign Grafters (561) 547-3760
Engineer: ------------------------------------------------------------
Planner: Elizabeth Edwards-Siegel , Lipman, Dunay, Shepard & Miske!, LLP (561)368-7700
Landscape Architect: -----------------------------------------------------
Site Information: Note: Petitioner shall submit electronic digital files of
approved projects. See attachment for details.
General Location: Located in the southwest quadrant of PGA Boulevard and Florida's Turnpike
Address: 7070 Fairway Drive, Palm Beach Gardens
Section: 10 Township: 42 Range: 42 ---------------------------------------------
Property Control N u m ber(s): _ ___,.,52"-'-4=2:....:-4..,2_,-1..,_0-"'""'19-00"'-"<>.._,_1_,-00=o"""o'----------------------------
Acreage: 14.7545 Current Zoning: PCD RequestedZoning: PCD --------------------
Flood Zone _~c _______ Base Flood Elevation (BFE) -to be indicated on site plan, ____ _
Current Comprehensive Plan Land Use Designation: Commercial -------------------------------
Existing Land Use: Commercial Requested Land Use: commerc ial
~~~~~--------~~~~-------------
Proposed Use(s) i.e. hotel, single family residence, etc.: Grocery store
Proposed Square Footage by Use: 13,054 square feet ---------------------------------------------
ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
N/A
2
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations.}
1. Explain the nature of the request: Please see attached "PUD Waiver Request and Justification".
2 . What will be the impact of the proposed change on the surrounding area?
Please see attached "PUD Waiver Request and Justification".
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 space, Intergovernmental Coordination
and Capital Improvement.
Not applicable as not rezoning.
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
Please see attached "PUD Waiver Request and Justification".
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?
Not applicable.
6. Has project received concurrency certification?
Yes . Concurrency is not affected by this request.
Date Received:
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately ....:..·1.:____mile(s) from theintersectionof Fairway Drive
_a_n_d_P_G_A_B_o_ul_ev_a_rd ______ , on thel I north,Q east,E]southDwest side of PGA Boulevard
----------------(street/road).
4
Statementof Ownership and Designationof AuthorizedAg.nt
Jo~V\G.~v\~ o-s 1>v".s~~v&
c ~. 11 <'b _ 1 _ )3efore m~?.. ~_e !lfldersigned authority, personally appeared ----..,.-----~-
0"\ \CU£VV\ lX"Cl.c~ ~..de""-'> tv'l:.LV'-c:...~r
& A.S W\o..;'l.t:A.c...}/v \)lv \)~~c.~ who, being by me first duly sworn, on oath deposed and says: ~ ~ck > LU:~
1. That he!slle ls the Tee simple title owner of the property described in the attached
Legal Description.
2.
an amendment to the L.A. Fitness Plaza PUD and
That he/she is requesting waiver of the provisions of the sign code in the
3.
Na
City of Palm Beach Gardens, Florida.
That he/she has appointed Siegel , Lipman, Dunay, Shepard & Miske!, LLP
as authorized agent on his/her behalf to accomplish the above project.
\\\~W'\()._
er: DIV Palm Beach Gardens LLC b Palm Beach Gardens Mana er Cor . as A4aA ·
to act
. c1JY\v\~)'\ G~~~ 1Jves,daV\+-
sy: Name!Title
One Appleton Street Boston MA 02116
Street Address City, State, Zip Code
N/A N/A
P. 0. Box City, State, Zip Code
u ll ~5'1 t"&>O
TelephoneNumber Fax N.umber
E-mail Address
My Commission expires:
5
Applicant's Certification
I/We affinn and certifY that 1/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I We further certifY that 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,
I/we understand that this application, attachments, and application filing fees become a part of the
official records ofthe City of Palm Beach Gardens, Florida, and are not returnable.
Applicant is:
l Owner Bonnie Miske!
Print Name of Applicant
J Optionee 5355 Town Center Road , Suite 801
Street Address
l Lessee Boca Raton , Florida 33486
City, State, Zip Code
IX Agent (561) 368-7700
TelephoneNumber
l Contract Purchaser ( 561 ) 544-8868
Fax Number
Bmiskel@sldsmlaw.com
E-Mail Address
6
•
Palm Beach Gardens Planning and Zoning Depalfment
10500 Norlh Military Trail, Palm ~aoh G~l'd$1'1$, Ft. :33410
561-799-4230
Permit#, _______________ _
Financial Responsibility Form
The owner understands that all City-incurred professional fees and expenses associated with the
processing of this applicati on 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 retained 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 and/or designee shall reimburse the City 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 pennit(s) will cease until any outstanding invoices are paid.
signee further understands that transfer of this responsibility shall require a
ted fo , signed and notarized by the responsible party, and delivel'ed to the City Planning
an Zoning ep rtment if the name and/or address of the responsible party changes at an}1ime
the a pli ation review process.
Ju!y9, 2012
Date
DIV Palm B ach Gardens, LLC by Palm Beach Gardens Manager Corp .
as -Q&-
Owner printed nama ".A'\J '. V\ Q.~u \ S
DESIGNEE/BILL TO: -\J.{p~-, V\ "\-'
Healthy D'Lites 21nc. by Taylor Hamilton as President
5651 Cotal Ridge Drive
Coral Spr ings , FL 33076
5242-42·1 0-19-001..0000
Property Control Number
NOTARYACKNO~EDGEMENT
STATE OF
COUNTY OF ....,..o;I!!:....=.!:~...:....:~::::.!<IU}.=r/.-~_~_/ ___ _
I hereby ~rtify that the fo.regoing instrumP-nt was a~~wledged before me th~ _.!l day of_
.fl}/v , 20/Z, by ~Au /P!IJ?//~;J . He or she is personally known
to me r:fr ha roduced fi RI7Nlm .?trw? as identification.
Notary public signature
/7/~/#l.a c??4nlllf
Printed name
State of /(t.JJ?td/1 at-large
b98880L.888 : 0 l.
NOTAAY P\JBUC-STATE OF FLORIDA
.e.•'"''•·-. Michael Cantella !W ~ CommissiQ n # EE039039
\~l :Expires · NOV.12, 2014
B~ED nnni!IT!.A.t;''f!C 1101-'T•ING CO., INC.
My Commission expires: ,IJtfV /2,~~r:Jijl
:wo ~~ l£=00 6002-10-N~£
SIEGEL, LIPMAN, DUNAY, SHEPARD & MISKEL, LLP
GARY S. DUNAY
KENNETH W. L IPMAN
BONN I E MISKEL
JONATHAN L. SHEPARD
CARL E. SE I GEL
SCOTT BACKMAN
LINDA B. LYMAN
THE PLAZA SUITE 801
5355 TOWN CENTER ROAD
BOCA RATON, FLORIDA 33486
(561) 368 -7700
FAX : (561) 368-9274
WWW .SLDSMLAW .COM
Tunie's Natural Grocery and Vitamin Supercenter at the LA Fitness Plaza
7070 Fairway Drive
PUD Request and Justification Statement
Tunie's Natural Grocery and Vitamin Supercenter ("Applicant") proposes to occupy the +/-13,054
square foot in-line tenant space ("Property") within the LA Fitness Plaza located at 7070 Fairway Drive
("Shopping Center"), which is generally located south of PGA Boulevard west of the Florida Turnpike
within the City of Palm Beach Gardens ("City"), with a Natural Grocery and Vitamin store ("Project"). The
Property is zoned PCD (Planned Commercial District) with a PUD (Planned Unit Development) zoning
overlay and the underlying land use designation is CommerciaL The space was previously occupied with
a Walgreens and is currently vacant. The LA Fitness PUD was approved by the City in Resolution 4, 2009
on January 15, 2009 ("LA Fitness PUD"). The Master Signage Plan for the LA Fitness PUD does not specify
the signage type or maximum area because the Walgreens signage existed at the time of the LA Fitness
PUD approvaL The City Code allows principal tenant spaces a maximum sign area of ninety (90) square
feet and a maximum letter height of thirty-six inches (36"). However, the Code only permits one (1)
principal tenant space in a shopping center regardless of the size of the tenant bay or shopping center.
Therefore, the Code permits a sign for the Project to have a maximum sign area of seventy (70) square
feet with a maximum letter height of twenty-four inches (24"). Additionally, Applicant is a nationally
registered trademark and requests a sign to be consistent with the registered trademark color green.
However, Code requires signage colors within a specific plaza to be uniform in color. Applicant is
requesting the following waivers from the City's Code of Ordinances ("Code") in order to obtain
sufficient visibility within the Shopping Center, as well as national brand recognition:
1. Waiver from Section 78-285 of the Code to permit a wall sign with
a maximum sign area of ninety (90} square feet and a maximum
letter height of three feet (3) in lieu of a maximum sign area of
seventy (70) square feet and a maximum letter height of twenty-
four inches (24").
2. Waiver from Section 78-285 of the Code to permit a wall sign with
green font in lieu of the uniform sign color of the plaza.
1. Waiver from Section 78-285 of the Code to permit a wall sign with a maximum sign area
---------------
{90) square feet and a maximum letter height of three feet {3) in lieu of a maximum sign area of
seventy {70) square feet and a maximum letter height of twenty-four inches {24").
This request is necessitated by the fact that application of the Code as written will work a hardship on
Tunies due to the size of its space, the amount of letters in its name and the fact that the Plaza was only
approved for one (1) principal tenant. Though Applicant would be entitled to a sign with a maximum
area of seventy (70) square feet, the combination of the maximum letter height of twenty-four inches
(24") and the short name of Applicant's business make the maximum achievable sign area
approximately eight (8) square feet. A sign ofthis size for such a large tenant bay would be incongruent
with the existing signage in the Shopping Center and would not be sufficient to provide adequate
visibility. As a new business to the area, it is imperative that the Applicant provide a sign that is visible to
all customers visiting the Shopping Center as well as those driving along Fairway Drive. Granting this
request will allow the Applicant to fashion a sign that is not only consistent with the surrounding
signage,·but also provide satisfactory visibility for the business.
In accordance with Code Section 78-158(i), Petitioner will demonstrate that the requested waiver
complies with a majority of the criteria set forth in the Code. In particular, Petitioner will demonstrate
that: 1) the request is consistent with the City's Comprehensive Plan; 2) the request is consistent with
the purpose and intent of this section; 3) the request is in support of and furthers the City's goals,
objectives, and policies to establish developmei'lt possessing architectural significance, pedestrian
amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place; 4)
the request demonstrates that granting of the waiver will result in a development that exceeds one or
more of the minimum requirements for PUDs; 5) the request for one or more waivers results from
innovative design in which other minimum standards are exceeded; 6) the request demonstrates that
granting of the waiver will result in preservation of valuable natural resources, including
environmentally-sensitive lands, drainage and recharge areas, and coastal areas; 7) the request clearly
demonstrates public benefits to be derived, including but not limited to such benefits as no-cost
dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries,
preservation of important natural resources, and use of desirable architectural, building, and site design
techniques; 8) sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver; and 9) the request is not based solely or predominantly on
economic reasons.
1) The request is consistent with the City's Comprehensive Plan.
This waiver request is consistent with the City's Comprehensive Plan. In particular, the waiver
request is consistent with the goals, objectives and policies of the Economic Development Element.
The Project is consistent with Goal 13.1 which aims to achieve sustainable economic development
through a balanced and diversified economy. Specifically, Objective 13.1.2 of the Comprehensive
Plan encourages that the City "support efforts to increase the number, viability, and growth of small
business enterprises to further strengthen and diversify the economy." Considering that there is
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 2
only one (1) other Tunie's located in Coral Springs, the addition of the Project to the City will
increase the number of small businesses thereby diversifying the economy. In addition, the
requested waiver is consistent with Policy 13.1.2.3, which states that "the City shall facilitate
productive support and assistance within all City departments for the relocation or expansion of
established small businesses." Tunie's is an established small business that is new to the City and is
seeking to expand into the City and to provide residents and visitors the finest organic and natural
products at the best price possible. Granting the requested waiver would provide the support to
permit Tunie's the visibility needed to successfully accomplish this expansion. Further, the
requested waiver is consistent with the Future Land Use Element of the City's Comprehensive Plan .
Specifically, the Project is consistent with Policy 1.1.1.7 which identifies the purpose of the
Commercial land use designation as accommodating a wide range of retail and general commercial
uses. The addition of a local health and vitamin store will enhance the range of commercial uses in
the City . The policies of the Economic Development Element and the Land Use Element of the
Comprehensive Plan encourage the expansion of established small businesses, such as the
Applicant's, into the City.
2} The request is consisten t with the purpose and intent of this section.
The purpose and intent of this section of the Code is to encourage applicants for planned
development to propose projects that are innovative, creative, and utilize planning, design and
architectural concepts that will be of benefit to the City. The nature of the use is innovative in that it
provides organic foods and health products at an affordable price. Bringing Tunie's into the City will
benefit the residents by providing them healthy options that are not prohibitively expensive in an
established commercial area. Further, the purpose of the section is to approve signage in a uniform
and consistent manner. The subject tenant actually occupies 2 tenant spaces and is the second
largest tenant in the Plaza . If the 2 spaces were occupied by 2 tenants, there would be 140 square
feet of signage within 2 signs. This request eliminates the necessity for the additional sign. The
applicant is simply asking to be given the principal tenant status resulting in 90 square feet of
signage versus the 70 feet allowed by Code. The Tunies is second to only the La Fitness and is
substantially larger than the standard in line spaces. To limit this user to the standard is grossly
unfair and not congruent with the space that they occupy and the role that a large tenant plays in
the Plaza as is more particularly described below.
3} The request is in support of and furthers the City's goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages, employment
opportunities, reductions in vehicle trips, and a sense of place.
As part of the LA Fitness PUD, this Property was already reviewed for compliance with the City's
goals, objectives, and policies to establish architectural significance, pedestrian amenities and
linkages, employment opportunities, reductions in vehicle trips and a sense of place. The Project will
be not significantly change the LA Fitness PUD and will remain consistent with what has already
been reviewed and approved by the City. The Project will maintain the current atmosphere in the LA
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 3
Fitness PUD. It will provide a health food options for residents within the existing Shopping Center,
which contains a mix of commercial uses, thereby reducing the number of trips that one J!IUSt make
to meet their needs. In addition, the Project will create new employment opportunities for the City
while using what is currently empty space.
4) The request demonstrates that granting of the waiver will result in a development that exceeds one
or more of the minimum requirements for PUDs.
As noted above, the request does not significantly change the LA Fitness PUD and thus does not
affect the minimum requirements for a PUD.
5) The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
This request doe not significantly change the LA Fitness PUD and thus does not affect the minimum
standards for a PUD.
6) The request demonstrates that granting of the waiver will result in preservation of valuable natural
resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal
areas.
The request will not affect the use of natural resources. The LA Fitness PUD was reviewed for the
preservation of natural resources during the original approval. In addition, by locating in an existing
retail space rather than constructing a new storefront, the Applicant is promoting the preservation
of other areas.
7) The request clearly demonstrates public benefits to be derived, including but not limited to such
benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the
project boundaries, preservation of important natural resources, and use of desirable architectural,
building, and site design techniques.
The LA Fitness PUD was reviewed for the public benefits to be derived. As such, the Shopping Center
was approved after demonstrating that there would be sufficient pubic benefits. In addition to the
public benefits derived from the LA Fitness PUD as a whole, the Project will bring a new use ~o the
Shopping Center and provide healthy options for both residents and visitors to the City.
8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse
impacts caused by a waiver.
There will be no adverse impacts caused by the waiver request and therefore is no need for
screening or buffering. The LA Fitness PUD as a whole provides sufficient screening and buffering to
screen adjacent uses from any potential adverse impacts.
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 4
9} The request is not based solely or predominantly on economic reasons.
This waiver request is not based solely on economic reasons. The waiver request is based upon the
fact that the Shopping Center is so large that there is more than one (1) principal tenant and that
the Code does not provide for a situation with more than one (1) principal tenant in a shopping
center. In addition, the name of Applicant's business, Tunie's, is very short and thus would be barely
visible if built at the Code permitted size . Granting the requested waiver will provide the Project
sufficient signage to be visible to visitors to the Shopping Center.
10} The request will be compatible with existing and potential land uses adjacent to the development
site.
The requested waiver will be compatible with existing and potential land uses adjacent to the
development site. As detailed above, the Project is located in an established Shopping Center and is
a permitted use for the Property. Further, the Project will provide a much needed service to the
surrounding residential neighborhood helping to create a healthier community. The visibility of the
larger anchor like tenants to the smaller in line spaces is key to the success of the overall Plaza. The
LA Fitness and the Tunies will serve as attractions to the Plaza while the smaller in line spaces
typically rely on traffic that is coming to the Plaza for other purposes. The anchors success in
bringing in customers has a trickle-down effect on the others in the Plaza. Their success is vital to
the rest of the Plaza.
11} The request demonstrates the development will be in harmony with the general purpose and intent
of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise
detrimental to the public health, safety, and welfare.
As noted above, the Project is in harmony with the general purpose of this section as it seeks to
bring an innovative concept to the City. The request will not be injurious to the area involved.
Rather, granting this request will be beneficial to the area by providing better visibility for the
Project so that the customers who visit the Shopping Center are aware that there is a convenient,
healthy and affordable option for their supermarket needs. In addition, the request will benefit
public health, safety, and welfare by improving customers' ability to locate the Project in an efficient
manner and preventing potential accidents as drivers distractedly search for the business.
2. Waiver from Section 78-285 of the Code to permit a wall sign with green font in lieu of the uniform
signage color of the plaza.
This request is necessitated by the fact that application of the Code as written will work a hardship on
Tunies due to the location of the business within an already established plaza. As a new business to the
area, it is imperative that the Applicant provide a sign that is visible to all customers visiting the
Shopping Center as well as those driving along Fairway Drive. Additionally, Applicant is a nationally
registered trademark and requests a sign to reflect such designation. Granting this request will allow
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 5
the Applicant to fashion a sign that is not only consistent with the surrounding signage, but also provide
satisfactory visibility_ for the business and brand recognition.
In accordance with Code Section 78-158(i), Petitioner will demonstrate that the requested waiver
complies with a majority of the criteria set forth in the Code. In particular, Petitioner will demonstrate
that: 1) the request is cons istent with the City's Comprehensive Plan; 2) the request is consistent with
the purpose and intent of this section; 3) the request is in support of and furthers the City's goals,
objectives, and policies to establish development possessing architectural significance, pedestrian
amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place; 4)
the request demonstrates that granting of the waiver will result in a development that exceeds one or
more of the minimum requirements for PUDs; 5) the request for one or more waivers results from
innovative design in which other minimum standards are exceeded; 6) the request demonstrates that
granting of the waiver will result in preservation of valuable natural resources, including
environmentally-sensitive lands, drainage and recharge areas, and coastal areas; 7) the request clearly
demonstrates public benefits to be derived, including but not limited to such benefits as no-cost
dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries,
preservation of important natural resources, and use of desirable architectural, building, and site design
techniques; 8) sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver; and 9) the request is not based solely or predominantly on
economic reasons.
1) The request is consistent with the City's Comprehensive Plan.
This waiver request is consistent with the City's Comprehensive Plan. In particular, the waiver
request is consistent with the goals, objectives and policies of the Economic Development Element.
The Project is consistent with Goal 13.1 which aims to achieve sustainable economic development
through a balanced and diversified economy. Specifically, Objective 13.1.2 of the Comprehensive
Plan encourages that the City "support efforts to increase the number, viability, and growth of small
business enterprises to further strengthen and diversify the economy." Considering that there is
only one (1) other Tunie's located in Coral Springs, the addition of the Project to the City will
increase the number of small businesses thereby diversifying the economy. In addition, the
requested waiver is consistent with Policy 13.1.2.3, which states that "the City shall facilitate
productive support and assistance within all City departments for the relocation or expansion of
established small businesses." Tunie's is an established small business that is new to the City and is
seeking to expand into the City and to provide residents and visitors the finest organic and natural
products at the best price possible. Granting the requested waiver would provide the support to
permit Tunie's the brand recognition needed to successfully accomplish this expansion. Further, the
requested waiver is consistent with the Future Land Use Element of the City's Comprehensive Plan.
Specifically, the Project is consistent with Policy 1.1.1.7 which identifies the purpose of the
Commercial land use designation as accommodating a wide range of retail and general commercial
uses. The addition of a local health and vitamin store will enhance the range of commercial uses in
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 6
----------
the City. The policies of the Economic Development Element and the Land Use Element of the
Comprehensive Plan encourage the expansion of established small businesses, such as the
Applicant's, into the City.
2} The request is consistent with the purpose and intent of this section.
The purpose and inte nt of this section of the Code is to encourage applicants for planned
development to propose projects that are innovative, creative, and utilize planning, design and
architectural concepts that will be of benefit to the City. The nature of the use is innovative in that it
provides organic foods and healt h products at an affordable price. Bringing Tunie's into the City will
benefit the residents by providing them healthy options that are not prohibitively expensive in an
established commercial area. Because the Applicant hosts a unique business model, the Applicant
requests their sign to reflect their nationally recognized trademark. Residents will recognize the
trademark "green" ofthe Tunie's sign, which will in turn draw them into the LA Fitness Plaza.
3) The request is in support of and furthers the City's goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages, employment
opportunities, reductions in vehicle trips, and a sense af place.
As part of the LA Fitness PUD, this Property was already reviewed for compliance with the City's
goals, objectives, and policies t o establish architectural significance, pedestrian amenities and
linkages, employment opportunities, reductions in vehicle trips and a sense of place. The Project will
be not significantly change the LA Fitness PUD and will remain consistent with what has already
been reviewed and app roved by t he City. The Project will maintain the current atmosphere in the LA
Fitness PUD. It will provide a health food options for residents within the existing Shopping Center,
which contains a mix of commercial uses, thereby reducing the number of trips that one must make
to meet their needs. In addition, the Project will create new employment opportunities for the City
while using what is curre ntly empty space.
4} The request demonstrates that granting of the waiver will result in a development that exceeds one
or more of the minimum requirements for PUDs.
As noted above, the request does not significantly change the LA Fitness PUD and thus does not
affect the minimum requirements for a PUD.
5} The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
This request does not significantly change the LA Fitness PUD and thus does not affect the minimum
standards for a PUD.
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 7
6} The request demonstrates that granting of the waiver will result in preservation of valuable natural
resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal
areas.
The request will not affect the use of natural resources. The LA Fitness PUD was reviewed for the
preservation of natural resources during the original approval. In addition, by locating in an existing
retail space rather than constructing a new storefront, the Applicant is promoting the preservation
of other areas.
7) The request clearly demonstrates public benefits to be derived, including but not limited to such
benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the
project boundaries, preservation of important natural resources, and use of desirable architectural,
building, and site design techniques.
The LA Fitness PUD was reviewed for the public benefits to be derived. As such, the Shopping Center
was approved after demonstrating that there would be sufficient pubic benefits. In addition to the
public benefits derived from the LA Fitness PUD as a whole, the Project will bring a new use to the
Shopping Center and provide healt hy options for both residents and visitors to the City.
8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse
impacts caused by a waiver.
There will be no adverse impacts caused by the waiver request and therefore is no need for
screening or buffering. The LA Fitness PUD as a whole provides sufficient screening and buffering to
screen adjacent uses from any potential adverse impacts.
9) The request is not based solely or predominantly on economic reasons.
This waiver request is not based solely on economic reasons. The waiver request is based upon the
fact that the Shopping Center is so large that there is more than one {1) principal tenant and that
the Code does not provide for a situation with more than one {1) principal tenant in a shopping
center. In addition, the name of Applicant's business, Tunie's, is very short and thus would be barely
visible if built at the Code permitted size. Further, because of the short business name, the
Applicant requests the sign to be in the nationally trademarked color green to promote recognition
within the Shopping Center. Granting the requested waiver will provide the Project sufficient
signage to be both visible and recognizable to visitors to the Shopping Center.
10} The request will be compatible with existing and potential/and uses adjacent to the development
site.
The requested waiver will be compatible with existing and potential land uses adjacent to the
development site. As detailed above, the Project is located in an established Shopping Center and is
a permitted use for the Property. Further, the Project will provide a much needed service to the
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 8
surrounding residential neighborhood helping to create a healthier community. The visibility of the
larger anchor like tenants to the smaller in line spaces is key to the success of the overall Plaza. The
LA Fitness and the Tunies will serve as attractions to the Plaza while the smaller in line spaces
typically rely on traffic t hat is coming to the Plaza for other purposes. Customers to the Plaza will
recognize the Tunie's Trademark "green" sign and be drawn in. The anchors success in bringing in
customers has a trickle-down effect on the others in the Plaza. Their success is vital to the rest of
the Plaza.
11} The request demonstrates the development will be in harmony with the general purpose and intent
of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise
detrimental to the public health, safety, and welfare.
As noted above , the Project is in harmony with the general purpose of this section as it seeks to
bring an innovative concept to the City. The request will not be injurious to the area involved.
Rather, granting this request will be beneficial to the area by providing better visibility and
recognition for the Project so that the customers who visit the Shopping Center are aware that there ·
is a convenient, healthy and affordable option for their supermarket needs. In addition, the request
will benefit public health, safety, and welfare by improving customers' ability to locate the Project in
an efficient manner and preventing potential accidents as drivers distractedly search for the
business.
Tunie's Natural Grocery and Vitamin Store: PUD Waiver Request and Justification 9
1 RESOLUTION 2, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
6 THE LA FITNESS PLAZA PLANNED UNIT DEVELOPMENT (PUD)
7 RELATED TO SIGNAGE FOR TUNIE'S NATURAL GROCERY
8 STORE, AS MORE PARTICULARLY DESCRIBED HEREIN;
9 PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL;
10 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, the City Council, as the governing body of the City of Palm Beach
14 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
15 Statutes, and the City's Land Development Regulations, is authorized and empowered
16 to consider petitions related to zoning and land development orders; and
17
18 WHEREAS, the City Council adopted Ordinance 34 , 1978 and Resolution 43,
19 1978, approving the PGA National Resort Community Planned Community
20 Development (PCD); and
21
22 WHEREAS, the City Council adopted Resolution 1, 1986, approving the
23 Shoppes on the Green Planned Unit Development (PUD) consisting of 76,280 square
24 feet of retail, a 41 ,255-square-foot supermarket, and a 13,054-square-foot drugstore;
25 and
26
27 WHEREAS, the City Council adopted Resolution 37, 1986, approving
28 architectural elevations and color treatments for all buildings in the Shoppes on the
29 Green PUD ; and
30
31 WHEREAS, the . City Council adopted Resolution 107 , 2005 approving an
32 essentially built-out agreement between the City of Palm Beach Gardens, PGA National
33 Venture, LLLP , and the Florida Department of Community Affairs for the PGA National
34 Development of Regiona l Impact; and
35
36 · WHEREAS, on October 9, 2008, the Addressing Committee approved a request
37 to change the plaza name from Shoppes on the Green to LA Fitness Plaza; and
38
39 WHEREAS, the City Council adopted Resolution 4 , 2009, approving an
40 amendment to modify the exterior fat;ade of the LA Fitness Plaza, which modifications
41 provided updated exterior paint colors, materials, signage , and landscaping throughout
42 the plaza; and
43
44 WHEREAS, the City Council adopted Resolution 5, 2009 approving the
45 modification of an existing monument sign located within the median of the Fairway
46 Drive right-of-way (ROW); and
Page 1 of 4
Resolution 2, 2013
1 WHEREAS, the City Council adopted Resolution 15, 2012, approving an
2 amendment to the LA Fitness Plaza PUD site plan to include the Green Turtle Car
3 Wash; and
4
5 WHEREAS, the Planning and Zoning Department has reviewed the application,
6 has determined that it is sufficient and consistent with the City's Comprehensive Plan
7 and Land Development Regulations, and has recommended approval; and
8
9 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its
10 November 13, 2012 , meeting and recommended approval of the subject petition
11 (PUDA-12-08-000042) by a vote of 6-1 ; and
12
13 WHEREAS, the City Council has considered the evidence and testimony
14 presented by the Applicant and other interested parties and the recommendations of the
15 various City of Pa lm Beach Gardens reviewing agencies and staff; and
16
17 WHEREAS, the City Council deems approval of this Resolution to be in the best
18 interests of the health, safety, and welfare of the residents and citizens of the City of
19 Palm Beach Gardens and the public at large.
20
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
23 OF PALM BEACH GARDENS, FLORIDA that:
24
25 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
26
27 SECTION 2. The application is hereby APPROVED for an amendment to the LA
28 Fitness Plaza PUD Signage Program with three (3) waivers, which is in addition to the
29 general requirements otherwise provided by resolution for the real property described as
30 follows:
31
32 (See Exhibit "A" for Legal Description)
33
34 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
35 APPROVES the following three (3) waivers:
36
37 1. Section 78-285, Table 24, Wall Sign for Ground Floor Uses, to allow an
38 increased copy area of 90 square feet for Tunie's Natural Grocery Store.
39
40 2. Section 78-285, Table 24, Wall Sign for Ground Floor Uses, to allow an
41 increased letter height of 46 inches for Tunie's Natural Grocery Store.
42
43 3. Section 78-285, Table 24, Wall Sign for Ground Floor Uses, to allow Tunie's
44 Natural Grocery Store to have "holly green" colored lettering in its tenant
45 sign .
46
Page 2 of 4
Resolution 2, 2013
1 SECTION 4. Said approval shall be consistent with plans and documents filed
2 with the City's Planning and Zoning Department as follows:
3
4 1. A sign perm it shall be required for the subject tenant sign. An inspection
5 from Development Compliance will be required prior to closing out the
6 permit. (Planning & Zoning)
7
8 SECTION 5. This petition is approved subject to strict compliance with the
9 Exhibits listed below , wh ich are attached hereto and made a part hereof as Exhibit "B":
10
11 1. Tunie's Signage Exhibit, Sheet 1 of 1, prepared by Interstate Sign Grafters.
12 dated June 4, 2012 .
13
14 SECTION 6. This approval shall be consistent with all representations made by
15 the Applicant or the Appl icant's agent at any public hearing.
16
17 SECTION 7. This Resolution shall become effective immediately upon adoption .
18
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Resolution 2 , 2013
PASSED AND ADOPTED this ___ day of _______ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ------------------------------Robert G. Premuroso, Vice 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
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G :\attorney_share\RESOLUTIONS\2013\Resolution 2 2013-LA Fitness Plaza PUD-signage for Tunies .doc
Page 4 of 4
Resolution 2, 2013
EXHIBIT "A"
LEGAL DESCRIPTION
PORTION OF THE PARCEL 1, ACCORDING TO THE PLAT OF PGA NATIONAL
SHOPS ON THE GREEN, RECORDED IN PLAT BOOK 103, PAGES 83 AND 84,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
Resolution 2, 2013
EXHIBIT "8"
----------------
f----------------=-------20'-0"----------
5 1/2"
45
89.7 SQ FT
SCALE 1/4. = 1 '-0"
INDIVIDUAL CHANNEL LEITERS MOUNTED ON A WIRE-WAY TO CONTAIN ELECffiiCAL POWER SUPPLIES AND WIRING
16 314"
Color Schedule
l.:..,;;jjiiil White Acrylic with 3M 3630-76 Holly Green vinyl overlay
• Paint Roof Framing & Raceway Benjamin Moore
HC-1 04 Copley Gray
interstate ~
FLORIDA
130 COMMERCE ROAD • BC7fTON BEACH, FL 33.426
Phone: (561) 547-3760 FCIX: (561) 547-3842
DRAWING INFO
JOB#:
DESIGN CRITERI
® EXPOSURE "C"
ASCE 7-10
2010 FBC
BUILT TO
WITHSTAND
180MPH LISTED
CUSTOMER APPROVAL
)PlEASE VERIFY COLORS, SPEUtiGAND lAYOUT PRIOR lO SIGNING)
Date:
REVISIONS
DATE:
She-e.-b 1 o~ 1.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Resolution 8, 2013
Subject/Agenda Item:
Old Palm Planned Community Development (PCD) Amendment
Consideration for Approval: A request by the Old Palm Foundation, Inc. for an amendment
to the Old Palm Planned Community Development (PCD) to approve a waiver from Section
78-316 0), Minimum Separation, for Parcels A, 8, and E. The Old Palm PCD is generally
located at the northwest corner of PGA Boulevard and Central Boulevard .
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance: Council Action:
r of Planning and Planning & Zoning: Finance: ] Approved
Project Manager Accountant ] Approved w/ Conditions
~ ~ ] Denied
. Crowley, AICP ] Continued to: __
Tam ash been Sarah Varga
Development Compliance Rahman, Planner
and Zoning Manager Fees Paid: N/A
fi_{-) [X] Quasi-Judicial Funding Source:
[ ) Legislative
Bahareh Wolfs, AICP [X] Public Hearing [ ] Operating
Advertised: [X] Other N/A Attachments:
[X] Required • Location Map
[ ] Not Required Budget Acct.#: N/A • Development
Date: 12.26.12 Application
R.M Paper: Palm Beach Effective Date: • Resolution 45, 2011
Post N/A
Approved By: • Resolution 8, 2013
Expiration Date:
Affected parties: N/A
[X] Notified
[ ] Not Required
EXECUTIVE SUMMARY
Meeting Date: January 10, 2013
Resolution 8, 2013
Page 2 of4
The subject petition is a request to approve a waiver for Parcels A, 8, and E within the Old
Palm Planned Community Development (PCD) from Section 78-316 0), Minimum Separation,
which requires a minimum separation distance of ten (10) feet between structures and
preserve areas. The Old Palm Foundation, Inc. has requested approval of this waiver to
eliminate the increased rear setback requirement for fences and walls within Old Palm PCD
that abut the preserve areas. Staff is recommending approval of the requested waiver.
BACKGROUND
On September 18, 2002, the Old Palm PCD was approved by City Council through the
adoption of Ordinance 32, 2002. The Old Palm PCD is approximately 651 acres in size and
consists of 333 residential units, a private golf club, and a private 19-hole golf course.
On March 20, 2003 , Parcel A of the Old Palm PCD was approved by City Council through the
adoption of Resolution 49, 2003. A total of 23 custom single-family homes were approved for
Parcel A.
On March 20, 2003, Parcel 8 of the Old Palm PCD was approved by City Council through the
adoption of Resolution 50, 2003. A total of 57 custom single-family homes were approved for
Parcel B.
On March 20, 2003, Parcel E of the Old Palm PCD was approved by City Council through the
adoption of Resolution 51 , 2003. A total of 12 custom single-family homes were approved for
Parcel E.
On June 5, 2003, the City Council approved Ordinance 14, 2003, which amended Ordinance
32, 2002, modifying two (2) conditions of approval relating to the timing of certain PCD
improvements.
On February 19, 2004, the City Council approved Ordinance 4, 2004, which amended
Ordinance 32, 2002, to allow the following modifications: (1) transfer the master plan
approval and related conditions of approval to Resolution 20, 2004; (2) modify a condition of
approval related to the number of non-resident golf club memberships permitted within the
PCD; (3) modify certain PCD buffers; and (4) modify the location of certain preserve areas on
site.
On August 11 , 2011 , the City Council approved Resolution 45, 2011 , which amended the site
plan for Parcel A by adding te~ (1 0) dwelling units previously located in Parcel F1. The
subject Resolution also amended the landscape plan and design guidelines for Parcel A.
LAND USE & ZONING
The Old Palm PCD has a zoning designation of Planned Community Development (PCD)
Overlay with an underlying zoning of Residential Low-3 (RL-3) and has future land use
designations of Residential Medium (RM) and Residential High (RH).
North
Westwood Gardens Planned
Unit Development (PUD)
South
PGA Concourse Buildings;
Ballenlsles Planned Community
Development (PCD)
West
Mirasol Planned Community
Develo PCD
East
Hampton Cay;
Bent Tree;
Parcel 31 .04
CONCURRENCY
Residential Low-3 (RL-3)
Planned Community Development
Planned Unit Development (PUD)
Commercial Neighborhood (CN);
Planned Community Development
(PCD) Overlay
Planned Community Development
Residential Medium (RM)
Residential Medium (RM)
Planned Development Area
Meeting Date: January 10, 2013
Resolution 8, 2013
Page 3 of4
Residential Medium (RM) I
Residential High (RH)
Residential Medium (RM)
Commercial (C);
Residential Low (RL)
Residential Low (RL)
Residential Medium (RM);
Residential Medium (RM);
Residential Medium (RM)
The subject request is not proposing any changes to the existing concurrency approved for
the project.
PROJECT DETAILS
Site Details
The Old Palm PCD is generally located at the northwest corner of PGA Boulevard and
Central Boulevard , and encompasses approximately 651 acres. The community has
vehicular access from PGA Boulevard and Central Boulevard.
Proposed Modifications
The Applicant is requesting a waiver from Section 78-316 0), Minimum Separation, to allow a
rear setback of zero (0) feet for all fences and walls within Parcels A, B, and E in the Old
Palm PCD. This Code section requires a minimum separation distance of ten (1 0) feet
between structures and preserve areas. Only fences and walls are proposed to have the
zero (0) feet setback in the subject petition; all other structures will still need to meet the
Code. There are 18 homes within the Old Palm PCD that have rear property lines abutting
the preserves.
Homes that are not adjacent to preserve areas in Parcels A, B, and E maintain a rear setback
of zero (0) feet for fences and walls. The subject request will allow the remaining 18 homes
adjacent to preserves to maintain the same rear setback for fences and walls as those not
abutting the preserves. The building setback for the 18 residential units is not impacted by
the subject petition. Only the rear setback for fences and walls is affected by the subject
request.
Waiver Request
The Applicant is requesting one (1) waiver with this petition .
..
Code Section Requirement Proposal
78-316(j), Minimum 10' setback 1 0' rear setback for fences and Minimum for structures abutting walls abutting preserves. Separation preserve areas
Staff Analysis
. . .:
Meeting Date: January 10, 2013
Resolution 8, 2013
Page 4 of4
Staff Support & V,Jaiver Discussion
10' Approval
The Old Palm Foundation, Inc. is requesting a waiver to allow certain lots to have the same
rear setback for fences and walls as the other homes in the community. The original intent of
the separation distance Code requirement is to provide sufficient space for the City's Fire
Department to access the preserves in the event of a brush fire. The City's Fire Department
has determined that any brush fire occurring within the preserve areas can be controlled via
the surrounding roadways or by the use of fire hoses between the residences. For this
reason, the Fire Department has no objection to the requested waiver.
A condition of approval has been included to ensure that homeowners will not be permitted to
install fences or walls in easements unless written permission is obtained from the agency
having jurisdiction over said easement, and that development standards are met as set forth
in the Development Standard Tables on the approved site plan for Parcels A, B, and E. Staff
recommends approval of the requested waiver.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On November 2, 2012, the subject petition was reviewed by the DRC. At this time, all
comments related to the project have been satisfied.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
On December 11, 2012, the PZAB recommended approval of the subject petition by a vote of
6-0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 8, 2013 as presented.
OLD PALMM W'AIVER REQUEST R 42E ! urtx:l ~ PCD AMEND ENT-n T 42St41S f de51gn
Palm Beach Gardens. FL September 25, 2012 s 2/35 N S1UOfO
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Request:
Planning and Zoning Department
CITY OF PALM BEACH GARDENS
I 0500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
I Planned Community Development (PCD)
J Planned Unit Development (PUD)
J Annexation
!Rezoning
)Site Plan Review IX Amendment to PCD, PUD or Site Plan
J Conditional Use
C Amendment to the Comprehensive Plan
!Administrative Approval
!Administrative Appeal
r Concurrency Certificate
)Time Extension
CMisceJJaneous
rOther L
Date Submitted: Sep25, 2012
Project Name: Old Palm (Preserve Area Setback)
Owner: Old Palm Foundation , Inc. (Master POA)
Applicant (if notOwner):same -----------------------------------------------
Applicant's Address:11089 Old Palm Drive PBG FL 33418TelephoneNo.(561) 493-7220
Agent: Urban Design Kilday Studios
Contact Person: :....:An=n=e'-=B=o=ot::...:.h ______ _ E-Mail: abooth@udkstudios.com
Agent's Mailing Address: 477 S. Rosemary Avenue, WPB, FL 33401
Agent's TelephoneNumber: (561) 366-1100
~~---------------------------------------
FOR OFFICE USE ONLY
Petition Number: ____________ _ Date & Time Received: ------·I
Fees Received
Application$
Receipt Number: ________________ _
A h. NA rc 1tect: --------------------------------------------------------------
E • NA ng1nee r: ____________________________________________________________ __
PI Urban Design Kilday Studios, (561) 366-1100
anne~ ·
Landscape Architect: NA ------------------------------------------------------
Site Information: Note: Petitioner shall submit electronic digital files of
approved projects. See attachment for details.
G I L . Northwest Comer of PGA Boulevard and Central Boulevard enera ocat1on: -------------------------------------------------------
Add 11089 Old Palm Drive, PBG, FL 33418 ress : --------------------------------------------------------------
. 02/35 . 41/42 42 Sect1on: _______________ Townsh1p: _______________ Range:
P C I N b { ) N/A please see attached Project Narrative
roperty ontro urn er s : -----------------------------------------------
651 .1 . PCD/RL-3 . No Change Acreage: CurrentZonmg: RequestedZomng: ------------------------------
B Flood Zone _______ Base Flood Elevation {BFE) -to be indicated on site plan, ______ _
. . . RM/RH (Residential} CurrentComprehens1ve Plan Land Use Des1gnat1on: --------------------------------
E . . L d U Residential R d d No Change x1stmg an se: equeste Lan Use: ---------------------------------------
P d U { ) . h I . I & •1 .d Existing ropose se s 1.e. ote ,smg e.aml y res1 ence,etc.: _____ _
residential community
Not Applicable Proposed Square Footage by Use: ---------------------------------------------
ProposedNumberandType of Dwelling Unit{s) i.e. single family, multifamily, etc. {if applicable):
No Change
2
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations.}
1. Explain the nature of the request: The applicant is requesting approval of a waiver to allow the
additional setback required between structures and a preserve be waived for fences and walls. The lots that
are affected by the setback are within Parcels A, B and E.
2. What will be the impact of the proposed change on the surrounding area?
There will be no negative impact to the surrounding area. The requested waiver will allow the impacted lots to
enjoy the same setback conditions allowed on all other lots in the Old Palm PCD.
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
ofthe City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination
and Capital Improvement.
This is not a request to rezone the property. Compliance with the Vision Plan and the Comprehensive Plan
were addressed when the PCD was approved.
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
All requirements for preservation of natural resources and native vegetation were addressed
with the approval of the PCD.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?
Not Applicable
6. Has project received concurrency certification?
Yes, Concurrency has been previously approved and is on file with the city.
Date Received:IJan 1, 2001
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately _o._o __ ,mile(s) from the intersectionof ------
_c_e_nt_ra_I_B_o_u_le_va_r_d_&_P_G_A_B_Iv_d_. _, on thel I north,Q east,Osouth,l t/ lwest side of _____ _
Central Boulevard (street/road). -------------------
4
..... "'
Applicant's Certification
I!We affirm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I We further certify that 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,
I/we understand that this application, attachments, and application filing fees become a part of the
official records of the City of Palm Beach Gardens, Florida, and are not returnable.
Applicant is:
I Owner
l Optionee
r . Lessee
r;7 Agent
I Contract Purchaser
QAA~·
Signatureof Applicant <::::::::i
Anne Booth
Print Name of Applicant
477 S. Rosemary Avenue
Street Address
West Palm Beach, Florida 33401
City, State, Zip Code
(561) 366-1100
TelephoneNumber
( 561 ) 366-1111
Fax Number
abooth@udkstudios.com
E-Mail Address
6
PROJECT NARRATIVE
Old Palm Planned Community
Development (PCD) Amendment
September 25, 2012 Urban Planning and Design ·
Landscape Architecture
Communication Graphics
REQUEST
This application is being submitted on behalf of Old Palm Foundation, Inc., as the
Master Association for the Old Palm Planned Community Development (PCD), to
amend the PCD to request a waiver from the City's Land Development Regulations
(LDRs) Section 78-3160), Minimum Separation for Parcels A, Band E, to reduce the 10'
safe zone setback between structures and a preserve.
The Old Palm PCD is located at the northwest corner of PGA Boulevard and Central
Boulevard and contains approximately 651 acre of land and has access from PGA
Boulevard and Central Boulevard. The Old Palm PCD was originally approved via
Ordinance 32, 2002 for 333 residential units, a private members golf club and 19-hole
golf course. The current build-out date for the Old Palm PCD is November 20, 2014.
The applicant is requesting a wavier from Land Development Regulation, Section 78-
3160), Minimum Separation, which states,
"In an effort to create a safe zone for protection from a wild fire,
structures shall be no closer than ten feet to a preserve area, as
defined in division 4 of article V. ",
The applicant is requesting a reduction of the minimum separation requirement from ten
(1 0) feet to zero (0) feet for all lots abutting a preserve area, more specifically the
impacted lots include:
Parcel A-Lot 145
Parcel B-Lots 146 thru 150 and 196 thru 202
Parcel E-Lots 118 thru 122
The request to reduce the required safe zone preserve area setback often (10) feet to a
zero (0) foot setback will allow the eighteen residential lots that are currently subject to
this LOR provision to maintain the same setbacks as the other lots in their parcels.
Please note that a modification has been made to the site plan for Parcel A to corrsct ~:p
the lot numbers for lots 32 and 33 to accurately reflect the numbering recorded <3n-l th~Q~#
plat. Lot 32 has been amended to Lot 144 and Lot 33 has been amended to Lot 14 ~~~P " ~
~ . ;_e.
~
Old Palm PCD Amendment
Project Narrative
HISTORY
September 25, 2012
Page2
On September 8, 2002, the City of Palm Beach Gardens City Council approved
Ordinance · 32, 2002, approving the Old Palm Golf Club Planned Community
Development community for 333 residential units, a private members golf club, and a
private 19-hole golf course.
On May 1, 2003, the City Council approved Ordinance 14, 2003, amending Condition
No. 21 of Ordinance 32, 2002 to provide for an amendment to the timing of the
Substantial Completion of the Spine Road within the Old Palm Golf Club PCD and to
modify Condition No. 39 to modify the sidewalk and berm along the existing rights-of-
way adjacent to the Old Palm Golf Club PCD;
On January 15, 2004, the City Council approved Ordinance 4, 2004, allowing the
transfer of the Master Plan approval and related conditions to a separate resolution
(Resolution 20, 2004), to allow for a modification to the Condition of Approval related to
the number of non-member club memberships permitted, minor modifications to the
perimeter buffer landscaping, and a relocation of certain preserve areas.
Additionally, on March 20, 2003, the City Council approved the development plans ~or
Parcel A via Resolution 49 , 2003, Parcel B via Resolution 50, 2003, and Parcel E via
Resolution 51, 2003.
The overall site plan for Parcels A, B, and E has been amended through Administrative
Amendments and a Major Site Plan application. The Administrative Amendments
(ADMIN-04-53 and ADMIN-6-06-000074) allowed for 1) the reduction in the approved
rear setback for fences and walls on Parcel A from twenty (20) feet to zero (0) feet, and
for 2) the reduction in the approved rear setback for fence and walls on Parcel B and
Parcel E from ten (1 0) feet to zero (0) feet.
Parcel A was also the subject of a more recent Major Site Plan Review request
approved on August 11 , 2011 via Resolution 45, 2011 , to allow for the reconfiguration of
the lots to accommodate in increase in the lot count from 23 lots to 33 lots.
LAND USE AND ZONING
The Old Palm PCD has a Future Land Use Plan designation of Residential Medium
(RM) and . Residential High (RH) and a Zoning designation of Planned Community
Development (PCD) with an underlying Zoning designation of
Residential Low RL-3).
477 S. Rosemary Avenue
Suite 225 -The Lofts at City Place
West Palm Beach, FL 33401
H:\JOBS\Oid Palm\OPH LP Preserve Setback PCD .038\Documents\Submitted Documents\Pc&.R'b~.§,t18P 0~4"r~132t1 fax . ---ww\Y:t:JtJR'shtdiOS.COm
Narrative 092512 .docx LCC35
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Old Palm PCD Amendment
Project Narrative
September 25, 2012
Page3
Existing Zoning and Land Use Designations for the Site and Surrounding uses.
EXISTING USE ZONING FUTURE LAND USE
SUBJECT PROPERTY: Existing-Planned Community Existing-Residential Medium
Development (PCD)IResidential (RM) and Residential High
Old Palm PCD Low-3 (RL-3) (RH)
TO THE NORTH: Planned Unit Development Residential Low (RL)
Westwood Gardens (PUD)IResidential Medium (RM)
Seacoast Utilities Planned Development Area (PDA) Public (P)
TO THE SOUTH:
PGA Boulevard
Residential Land (Vacant) Residential Low-3 (RL-3) Residential Low (RL)
Commercial Neighborhood (CN)
Commercial Land (Vacant) Commercial (C)
Ballenlsles PCD Planned Community Dev. (PCD) Residential Low (RL) I
I Residential Low -3 (RL-3) Residential Medium (RM) I
Residential High (RH)
TO THE WEST:
Florida Turnpike
Mirasol PCD Planned Community Dev . (PCD) Residential Low (RL)
I Residential Low -3 (RL-3)
TO THE EAST:
Central Boulevard
South Hampton Residential Medium (RM) Residential Medium (RM)
Bent Tree Residential Medium (RM) Residential Medium (RM)
Vacant Land Planned Development Area Residential Medium (RM)
(PDA)
CONCURRENCY
The Old Palm PCD received concurrency for 333 single family dwelling units in January
of 2001 . To date, approximately 316 lots and 4 Casitas have been plated or approved.
This request does not increase the number of approved units allowed.
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Narrative 092512.docx
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Old Palm PCD Amendment
Project Narrative
PROJECT DETAILS
September 25, 2012
Page4
Please see below the proposed setback charts for Parcels A, B, and E.
TYP. SINGLE FAMILY LOTS-CUSTOM HOMES-Parcel A
RL-3 Building • Pool/Spa• Deck/Screen Fence • Wall•
District Enclosures•
Front Setback:
Front Entry 25' 25' 25' 25' 12'* 12'*
Garage
Front Setback:
Side Entry 25' 25' 25' 25' 12'* 12'*
Garage
Side Setback > of7.5' or
10% of lot 10' 10' 10' 0' 0'
width
Rear Setback 10' 10' 10' 10' WO'* WO'*
TYP. SINGLE FAMILY LOTS-CUSTOM HOMES-Parcels B and E
RL-3 Building • Pool/Spa• Deck/Screen Fence • Wall•
District Enclosures•
Front Setback:
Front Entry 25' 50' 50' 50' 12'* 12'*
Garage
Front Setback:
Side Entry 25' 35' 50' 50' 12'* 12'*
Garage
Side Setback >of 7.5' or
10% of lot 20' 20' 20' 0' 10'
width
Rear Setback 10' 25' 25' 20' 40!10'* 4Q.!.JO'*
* Waiver requested
4---p, min. 10' setback will be maintained on the rear of all lots abutting presewe in
accordance 'Nith Section 78 316 Presewe Areas, 0) Minimum Separation.
• A min.17' setback will be maintained between all Seacoast lines and the building and
min.15' setback will be maintained by pools, screens, and wall. Fences and walls
may only be placed in drainage and utilities easements with the written consent of
the agency having jurisdiction over said easement.
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Narrative 092512 .docx
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Old Palm PCD Amendment
Project Narrative
Waiver
September 25, 2012
Page 5
The general purpose and intent of the planned community development district is to
permit and encourage more efficient and creative development or re-development of
property within the City. To allow for this efficient and creative use of buildings and
property, some deviations or waivers from the strict interpretation of the code is
necessary. Below is the requested waiver for this project and the justification for the
granting of this waiver.
Minimum Separation -Preserve Safe Zone Setback
The applicant is requesting a waiver from Land Development Regulation, Section 78-
3160), Minimum Separation, which states, "In an effort to create a safe zone for
protection from a wild fire, structures shall be no closer than ten feet to a preserve area,
as defined in division 4 of article V." We are requesting that the 1 0' setback be waived
for fences and walls.
The proposed waiver will only impact eighteen (18) lots within the PCD. The granting of
the waiver will allow the impacted lots to enjoy the same setbacks for fences and walls
that the other lots in the community enjoy. Alternate access to the preserve areas is
available for emergency access in the event of ·a fire by way of the side yards of the
residences and in some cases from the roadway. Previously approved setbacks for
pools, screen enclosures and homes remain unchanged.
H:\JOBS\Oid Palm\OPH LP _Preserve Setback_PCD_.038\Documents\Submitted Documents\PCDA Submission 091412\Project
Narrative 092512.docx
Old Palm
Preserve Area Setback
Waiver Criteria
Waiver requested:
1. Section 78-316 (j), Minimum Separation, to waive the
Urban Planning and Design
Landscape Architecture
Communication Graphics
additional 1 0' setback between a structure and a preserve, to allow fences and walls
at a zero (0) setback.
(1) The request is consistent with the city's comprehensive plan.
The proposed waiver is consistent with the provisions of the Land Development
Regulations that allow for waivers in a PCD. The proposed waivers are not in violation of
the Comprehensive Plan. Parcels A, 8 and E were approved in accordance with the
approved master plan, which was approved in accordance with the City's Comprehensive
Plan.
(2) The request is consistent with the purpose and intent of this section.
This request is consistent with the provisions of the code that allow waiver requests for
setbacks.
(3) The request is in support of and furthers the city's goals, objectives, and policies
to establish development possessing architectural significance, pedestrian
amenities and linkages, employment opportunities, reductions in vehicle trips, and a
sense of place.
The proposed waiver will allow the construction of fences and walls on the property line for
homes adjacent to a preserve. Approval of the waiver will allow the affected lots the same
benefit allowed to the other homes in the PCD. The proposed waiver will not impact the
community amenities. The Old Palm community provides residents with a high quality
option for residential Country Club living. Large preserve areas, spacious open spaces, an
intricate system of lakes, water features and pedestrian amenities have been developed to
create a unique and desirable community.
(4) The request demonstrates that granting of the waiver
will result in a development that exceeds one or more of the
minimum requirements for PUDs.
The code requires 20 percent of the PCD be provided in
community serving open space. The Old Palm PCD provides
more than 45 percent of its acreage in community serving open
www.udkstudios.com
LCC000035
Waiver Criteria
Old Palm Preserve Area Setback
September 25, 2012
Page 2
space. Development of the community included golf courses, water features and preserve
areas that enhance the value of the homes within the community. The community also has
exceeded the landscape code with regard to the self imposed landscape guidelines for
individual lots as well as the common areas and the clubhouse. The proposed waiver will
allow fences and walls that are consistent with existing homes in the community.
(5) The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
The proposed waivers are the minimum waivers required to achieve the desired results.
The existing site design, street configuration, and side yard setbacks allow alternative
access to the preserves in the case of a fire. All other land development regulations have
been met or exceeded.
(6) The request demonstrates that granting of the waiver will result in preservation
of valuable natural resources, including environmentally-sensitive lands, drainage
and recharge areas, and coastal areas.
The preserve areas which were set aside as part of the PCD approval are not impacted by
the proposed waivers requested.
(7) The request clearly demonstrates public benefits to be derived, including but not
limited to such benefits as no-cost dedication of rights-of-way, extensions of
pedestrian linkages outside of the project boundaries, preservation of important
natural resources, and use of desirable architectural, building, and site design
techniques.
The approval of the PCD incorporated the dedication of public rights-of-way, construction of
roadway improvements, development of the PGA Boulevard parkway system, and
preservation of 78 acres of upland areas. The proposed waiver will not impact the
configuration or location of any previously approved public space.
(8) Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by a waiver.
There are no anticipated impacts from the granting of this waiver. All affected property
lines are adjacent to preserve areas. All fences proposed on each lot will require review
and approval by the Old Palm Architectural Review Board.
• • t'
Waiver Criteria
Old Palm Preserve Area Setback
September 25 , 2012
Page 3
(9) The request is not based solely or predominantly on economic reasons.
The proposed waiver will allow homes abutting a preserve the same setbacks as those not
abutting the preserve. The waiver requested will allow consistency in residential
development regulations as allowed for other units in the community.
(10) The request will be compatible with existing and potential land uses adjacent to
the development site.
The impacted lots are all abutting preserve areas within the PCD and as such will not be
adjacent to other uses.
(11) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be
injurious to the area involved or otherwise detrimental to the public health, safety,
and welfare.
The proposed waiver will provide a benefit to the community as a whole by allowing for
consistent application of the construction of fences and walls.
1 RESOLUTION 45, 2011
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR
6 PARCEL A (A/KIA SABAL PALM) LOCATED WITHIN THE OLD
7 PALM PLANNED COMMUNITY DEVELOPMENT (PCD),
8 GENERALLY BOUNDED BY PGA BOULEVARD TO THE SOUTH,
9 WESTWOOD GARDENS TO THE NORTH, CENTRAL BOULEVARD
10 AND INTERSTATE 95 TO THE EAST, AND FLORIDA'S TURNPIKE
11 TO THE WEST, ALLOWING FOR TEN (10) UNBUILT DWELLING
12 UNITS DELETED FROM PARCEL F1 TO BE ADDED TO PARCEL
13 A, MODIFYING THE SITE AND LANDSCAPE PLANS, AND
14 REVISING THE DESIGN GUIDELINES FOR PARCEL A, AS MORE
15 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS
16 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
17 OTHER PURPOSES.
18
19
20 WHEREAS, on September 8, 2002, the City Council approved Ordinance 32,
21 2002, thereby approving the Old Palm Golf Club Planned Community Development
22 (PCD) Master Plan, which generally consists of 333 residential units and a private 19-
23 hole golf course on approximately 651 acres; and
24
25 WHEREAS, on March 20, 2003, the City Council approved Resolution 49, 2003,
26 approving the development of 23 custom single-family homes on Parcel A; and
27
28 WHEREAS, on June 5, 2003, the City Council approved Ordinance 14, 2003,
29 thereby approving an amendment to the previously approved Ordinance 32, 2002, to
30 modify two (2) conditions of approval relating to the timing of certain PCD
31 improvements; and
32
33 WHEREAS, on February 19, 2004, the City Council approved Ordinance 4,
34 2004, approving an amendment to Ordinance 32, 2002 to allow the following
35 modifications: (1) transfer the Master Plan approval and related conditions of approval
36 to Resolution 20, 2004; (2) modify a condition of approval relating to the number of
37 nonresident golf club memberships permitted within the PCD; (3) modify certain PCD
38 buffers; and (4) modify the location of certain preserve areas on site; and
39
40 WHEREAS, the City has received a request (Petition No. SPLA-11-04-000023)
41 from the property owner, Old Palm Holdings, LP, for approval of a major site plan
42 amendment for Parcel A to allow for the following modifications: (1) transfer ten (10)
43 unbuilt dwelling units from Parcel F1 to Parcel A; (2) modify the site and landscape
44 plans; (3) revise the Design Standards for Parcel A; and (4) delete Conditions No .5 and
45 No. 7 of Resolution 49, 2003; and
46
Page 1 of 6
Resolution 45, 2011
1 WHEREAS, the subject parcel has a zoning designation of Planned Community
2 Development (PCD) Overlay with an underlying zoning of Residential Medium (RM);
3 and
4
5 WHEREAS, the Planning and Zoning Department has reviewed the application,
6 has determined that as conditioned it is sufficient and consistent with the City's Land
7 Development Regulations and the City's Comprehensive Plan, and has recommended
8 approval thereof; and
9
10 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application
11 at a public hearing at its July 12, 2011, meeting and voted 5-0 to recommend approval
12 to the City Council; and
13
14 WHEREAS, the City · Council has considered the evidence and testimony
15 presented by the Applicant and other interested parties and the recommendations of the
16 various City of Palm Beach Gardens review agencies and staff; and
17
18 WHEREAS, the City Council deems approval of this Resolution to be in the best
19 interests of the health, safety, and welfare of the residents and citizens of the City of
20 Palm Beach Gardens and the public at large.
21
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
24 OF PALM BEACH GARDENS, FLORIDA that:
25
26 SECTION 1. The foregoing recitals are hereby affirmed and ratified .
27
28 SECTION 2. The request by Old Palm Holdings LP for approval of a major site
29 plan amendment for Parcel A to allow the following modifications: (1) transfer ten (10)
30 unbuilt dwelling units from Parcel F1 to Parcel A; (2) modify the site and landscape
31 plans; (3) revise the Design Guidelines for Parcel A; and (4) delete Conditions No. 5
32 and No. 7 of Resolution 49, 2003, located within the Old Palm PCD, is hereby
33 APPROVED on the following described real property, subject to the conditions of
34 approval provided herein, which are in addition to the general requirements otherwise
35 provided by resolution:
36
37 LEGAL DESCRIPTION
38
39 THE PLAT OF THE OLD PALM PCD PARCEL A, LOTS 123-145, AS RECORDED IN
40 PLAT BOOK 100, PAGES 85 THROUGH 94, OF THE PUBLIC RECORDS OF PALM
41 BEACH COUNTY FLORIDA
42
43 SECTION 3. The Major Site Plan Amendment to Parcel A is approved subject to
44 the following conditions, which shall be the responsibility of the Applicant, its
45 successors, or assigns:
46
Page 2 of6
----------------------------------.
Resolution 45, 2011
1 Engineering Department
2
3 1. Prior to the issuance of the first building permit for the vertical construction ,
4 an infrastructure permit will be required for this project. Construction plans ,
5 signed and sealed by a professional engineer registered in the State of
6 Florida, shall be submitted for review and approval. (Engineering)
7
8 2. The Applicant shall copy to the City all permit app lications , permits ,
9 certifications, and approvals. (Engineering)
10
11 3. Prior to the issuance of the infrastructure permit or the issuance of the first
12 building permit for the vertical construction, whichever occurs first, the
13 Applicant shall provide itemized cost estimates and surety for the project, in
14 accordance with the LOR Sections 78-309 and 78-461 . The itemized cost
15 estimates shall include all public elements for the project for the
16 infrastructure, landscaping, and irrigation costs. The cost estimates shall be
17 dated, signed, and sealed by an engineer and landscape architect
18 registered in the State of Florida. Surety will be based on 11 0% of the total
19 combined City-approved cost estimates and shall be posted with the City .
20 (Engineering)
21
22 4. Prior to the issuance of the Certificate of Completion for the Infrastructure
23 Permit by the Engineering Department or the issuance of the last Certificate
24 of Occupancy, whichever occurs first, the Applicant shall provide to the City
25 letters of authorization from the applicable utility companies allowing
26 landscaping and light poles to be placed within the utility easements .
27 (Engineering)
28
29 5. Prior to the issuance of the Certificate of Completion for the infrastructure
30 permit by the Engineering Department or the issuance of the last Certificate of
31 Occupancy , whichever occurs first, the Applicant shall provide to the City
32 copies of the required FOOT testings for review and approval. (Engineering)
33
34 6. Prior to the issuance of the Certificate of Completion for the infrastructure
35 permit by the Engineering Department or the _issuance of the last Certificate of
36 Occupancy , whichever occurs first, the Applicant shall provide the
37 Engineering Department with copies of all permits, permit applications, and
38 Requests for Additional Information (RAis) to and from regulatory agencies
39 regarding issues on all permit applications, certifications, and approvals.
40 (Engineering)
41
42 7 . The Applicant shall comply with all Federal EPA and State of Florida
43 Department of Environmental Protection NPDES permit requirements for
44 construction activities. implementation of the approved plans, and inspection
45 and maintenance of controls during construction. (Engineering)
46
Page 3 of6
Resolution 45, 2011
1 8. The construction, operation, and/or maintenance of any elements of the
2 subject project shall not have any negative impacts on surrounding areas,
3 including, but not limited to, drainage, erosion, sedimentation, and dust. If
4 at any time during the project development it is determined by the City that
5 any of the surrounding areas are experiencing negative drainage or other
6 impacts caused by the project, it shall be the Applicant's responsibility to
7 resolve said impacts in a period of time and a manner acceptable to the City
8 prior to additional construction activities. The City may cease issuing
9 building permits and/or Certificates of Occupancy until all off-site concerns
10 are resolved. (Engineering)
11
12 Planning & Zoning
13
14 9. Prior to the issuance of the first building permit for vertical construction, the
15 Applicant shall schedule a pre-permit meeting with the Planning & Zoning
16 Department. (Planning & Zoning)
17
18 10. Prior to the issuance of the 17th Building Permit for vertical construction, all
19 common area landscaping and fountains within Parcel A shall be installed.
20 (City Forester)
21
22 11. Approved civil design and architectural drawings, including floor plans, shall
23 be submitted prior to the issuance of the first Certificate of Occupancy for
24 Parcel A. Prior to the issuance of the last Certificate of Occupancy, digital
25 files of all architectural drawings, including floor plans, shall be submitted.
26 (GIS Manager, Development Compliance Officer)
27
28 12. Prior to the issuance of the infrastructure permit or the issuance of the first
29 building permit for the vertical construction, whichever occurs first, the
30 Applicant shall submit to the Addressing Committee a Residential
31 Addressing Plan for Parcel A so that addresses can be assigned to the new
32 units. (GIS Manager, Development Compliance Officer)
33
34 SECTION 4. The following conditions contained in Resolution 49, 2003 shall be
35 modified as follows (for purposes of clarity, the below conditions are numbered to
36 correspond to those contained in Resolution 49 , 2003): (new language is underlined
37 and language to be deleted is stricken)
38
39 4. Prior to the issuance of the final Certificate of Occupancy for each home within
40 Parcel A, the required street trees shall be field located to avoid conflicts between
41 lights and landscaping, including long-term tree canopy growth. (Planning &
42 Zoning, Police)
43
44 8. All development shall comply with the Residential Single-Family (Custom)
45 Architectural and Landscape Design Guidelines for the Old Palm Golf Club
46 Parcels A, 8, and E (Exhibit 1B). (Planning & Zoning)
Page4 of6
Resolution 45, 2011
1 SECTION 5. All previous waivers and conditions granted with Resolution 49,
2 2003 and Resolution 20, 2004 shall remain in full force and effect, except as modified in
3 Section 4 of this Resolution.
4
5 SECTION 6. This amendment to Old Palm PCD Parcel A is hereby approved
6 subject to strict compliance with the Exhibits attached hereto and made a part hereof as
7 follows:
8
9 Exhibit 1. Parcel A Overall Site Plan, Sheet SP-01 and SP-02, prepared by
10 Urban Design Kilday Studios, last revised July 13, 2011, and
11 received by the City on July 15, 2011.
12
13 Exhibit 2. Common Area Landscape Site Layout Plan, Sheets L-1 through L-6,
14 prepared by Lang Design Group, last revised on June 20, 2011, and
15 Sheet L-7 dated July 12, 2011.
16
17 Exhibit 3. Hardscape Plan, Sheets H-2, H-9 and H-10, prepared by Lang
18 Design Group, last revised June 20, 2011.
19
20 Exhibit 4. Old Palm Residential Architectural Design Guidelines, prepared by
21 Urban Design Kilday Studios, last revised July 13, 2011.
22
23 SECTION 7. This Resolution shall become effective immediately upon adoption.
24
25
26
27
28
29 (The remainder of this page intentionally left blank)
30
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32
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35
36
37
38
39
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Page 5 of6
1
2
3
PASSED AND ADOPTED this II 1H-day of ~
Resolution 45, 2011
1 2011.
4
5
6
CITY OF PALM BEACH GARDENS, FLORIDA
7 : ..... ~· -~
.:8 :--:-,~·:····· ... / g._..... ,·.-··-·-·." / .... . .\ ! /• _, ; •.
!: 1 0: :-:: ·A TtES1:r_:.... ._:
4 1~:_ :,_ __ _, .. ,--:--· .-_
. ~ __......;.>.--! :
BY:------'0~-:l~< /Jr-r---~~-0~ Levy , Mayor
~-12-_·._---::-.:..:_ 7" -~~-:-Y-:.~·
13 ·-.~ / ' 14-;>~: ~--~-'P-a.._.ttE;..r.iet~. a~S~ni,_d-er.c.., _C_M--3C.._, -C-ity_C_I_e-rk-
15 ·. .. __ _
16
17 APPROVED AS TO FORM
18 AND LEGAL SUFFICIENCY
19
20
21 BY:-L.~~~~~~===::::::::::::::::-..........
22
23
24
25
26
27 VOTE:
28
29 MAYOR LEVY
30
31 VICE MAYOR PREMUROSO
32
33 COUNCILMEMBER RUSSO
34
35 COUNCILMEMBER JABLIN
36
37 COUNCILMEMBER TINSLEY
38
39
40
41
42
43
44
45
AYE NAY ABSENT
_L -----
46
47 G :\attorney_share\RESOLUTIONS\2011 \Resolution 45 2011 -site plan amd -sabal palm.docx
Page 6 of6
1 RESOLUTION 8, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
6 THE OLD PALM PLANNED COMMUNITY DEVELOPMENT (PCD)
7 TO MODIFY THE SETBACKS FOR PARCELS A, B, AND E, AS
8 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
9 CONDITIONS OF APPROVAL; PROVIDING A WAIVER;
10 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
11 PURPOSES.
12
13
14 WHEREAS, on September 18, 2002, the City Council approved Ordinance 32,
15 2002, approving the Old Palm Golf Club Planned Community Development (PCD)
16 Master Plan, which generally consists of 333 residential units and a private 19-hole golf
17 course on approximately 651 acres; and
18
19 WHEREAS, on March 20, 2003, the City Council approved Resolution 49, 2003,
20 approving the development of 23 custom single-family homes on Parcel A; and
21
22 WHEREAS, on March 20, 2003, the City Council approved Resolution 50, 2003,
23 approving the development of 57 custom single-family homes on Parcel B; and
24
25 WHEREAS, on March 20, 2003, the City Council approved Resolution 51 , 2003,
26 approving the development of 12 custom single-family homes on Parcel E; and
27
28 WHEREAS, on June 5, 2003, the City Council approved Ordinance 14, 2003,
29 modifying two (2) conditions of approval relating to the timing of certain PCD
30 improvements; and
31
32 WHEREAS, on February 19, 2004, the City Council approved Ordinance 4,
33 2004, amending Ordinance 32, 2002, to allow the following modifications: (1) transfer
34 the master plan approval and related conditions of approval to Resolution 20, 2004; (2)
35 modify a condition of approval related to the number of non-resident golf club
36 memberships permitted within the PCD; (3) modify certain PCD buffers; and (4) modify
37 the location of certain preserve areas on site; and
38
39 WHEREAS, on August 11 , 2011 , the City Council approved Resolution 45, 2011 ,
40 amending the site plan for Parcel A by adding ten (1 0) dwelling units previously located
41 in Parcel F1 . The subject Resolution also amended the landscape plan and design
42 guidelines for Parcel A; and
43
44 WHEREAS, the Old Palm Community has a PCD Overlay with an underlying
45 zoning designation of Residential Low-3 (RL-3) and has a future land-use designation of
46 Residential Medium (RM) and Residential High (RH); and
Page 1 of 4
Resolution 8, 2013
1 WHEREAS, the Planning and Zoning Department has reviewed the application,
2 has determined that it is sufficient and consistent with the City's Comprehensive Plan
3 and Land Development Regulations, and has recommended approval; and
4
5 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its
6 December 11, 2012, meeting and recommended approval of the subject petition
7 (PCDA-12 -10-000016) by a vote of6-0; and
8
9 WHEREAS, the City Council has considered the evidence and testimony
10 presented by the Applicant and other interested parties and the recommendations of the
11 various City of Palm Beach Gardens reviewing agencies and staff; and
12
13 WHEREAS, the City Council deems approval of this Resolution to be in the best
14 interest of the health, safety, and welfare of the residents and citizens of the City of
15 Palm Beach Gardens and the public at large.
16
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
19 OF PALM BEACH GARDENS, FLORIDA that:
20
21 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
22
23 SECTION 2. The application is hereby APPROVED for an amendment to the Old
24 Palm PCD, approving one (1) waiver to modify the setbacks for Parcels A, B, and E,
25 and subject to the condition of approval contained herein, which is in addition to the
26 general requirements otherwise provided by Resolution, for the real property described
27 as follows:
28
29 LEGAL DESCRIPTION:
30
31 THE PLAT OF THE OLD PALM PCD AS RECORDED IN PLAT BOOK 96, PAGES 31
32 THROUGH 34 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
33
34 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
35 APPROVES the following waiver:
36
37 1. Section 78-316 0), Minimum Separation, to remove the requirement for
38 structures to maintain a ten-(1 0) foot setback requirement from preserve
39 areas.
40
41 SECTION 4. This approval is subject to the following condition which shall be the
42 responsibility of and binding upon the Applicant, its successors, or assigns:
43
44
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Page 2 of4
Resolution 8 , 2013
1 1. Fences and walls shaH not be permitted within easements unless written
2 consent is obtained from the agency having jurisdiction over said easement,
3 and development standards are met as set forth in the Development
4 Standard Tables on the approved site plan for Parcels A, 8, and E (Planning
5 & Zoning).
6
7 SECTION 5. This petition is approved subject to strict compliance with the
8 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "A":
9
10 1. Overall Site Plan -Parcels A, 8, and E, Sheet SP-01, prepared by Urban
11 Design Kilday Studios Inc., dated November 5, 2012.
12
13 2. Master Plan, Sheet MP-01, prepared by Urban Design Kilday Studios Inc.,
14 dated November 5, 2012.
15
16 SECTION 6. This approval shall be consistent with all representations made by
17 the Applicant or the Applicant's agent at any workshop or public hearing.
18
19 SECTION 7. This Resolution shall become effective immediately upon adoption.
20
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Resolution 8, 2013
PASSED AND ADOPTED this __ day of _______ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
---=--~------------Robert G. Premuroso, Vice 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
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 8 2013-0id Palm.doc
Page 4 of 4
Resolution 8, 2013
EXHIBIT "A"
•
•
•
ZONING, CURRENT
ZONING, UNDERLYING
lAND UBe, EXISTING
SEC'TlON 2&{;18) TOWNSHIP ~2S&(41S} RANGE ~2E
PARCEL A
80' X 188', SINGLE FAMILY; CUSTOM HOMES
GROSS DENSilY (33 DMDED BY 17.665)
LOT COVERAGE
BUILDING HEIGHT
OPEN SPACE, REQUIRED (EXCLUDES RO.W.)
PROVIDED
RIGHT-OF-WAYS
PARKING, REQUIRED (On each Individual loll
PARCELS
38'/2 STORIES
4 .80 AC (35%)
8.94 AC (85%)
3.94 AC (21%)
1 SPIPER BEDROOM
2iiiYX225• (One-Acre lota), SINGlE FAMILY; CUSTOM HOMES
GROSS DENSilY (57 DIVIDED BY 88.878)
88.876AC
87DU
0.83 DI.JIAC
LOT COVERAGE
BUILDING HEIGHT
OPEN SPACE, REQUIRED (EXCLUDES R.O.W.)
PROVIDED
RIGHT -OF-wAYS
PARKING, REQUIRED
PROVIDED (On each lndlvtdUIIIIol)
PARC£LE
35%
387 2 STORIES
21.28AC (35%)
40.00 AC (66%)
8.07 AC (12%)
1 SPIPER BEDROOM
1 SPIPER BEDROOM
200' X 225' (One-Acre lata), SINGlE FAMILY; CUSTOM HOMES
GROSS OENSilY (12 DMDED BY 14.240)
14.24AC
12DU
~.&& DU/AC
LOT COVERAGE 35%
BUILDING HEIGHT 38'/2 STORIES
OPEN SPACE, REQUIRED (EXCLUDES R .O.W.)
PROVIDED
4 .35 AC (35%)
8.~AC(67%)
1.82AC (13%) RIGHT-OF-WAYS
PARKING, REQUIRED
PROVIDED (On each lndMduallol)
1 SPIPER BEDROOM
1 SPIPER BEDROOM
NOTES
• PARCEL BOUNDARY PROVIDED BY KESHAVARZ & ASSOC.
• All STOP BARS AND SIGN l.OCATIONS TO BE CERTIFIED BY PROJECT
ENGINEER
0 STOP BAR WILL BE WHITE PAVERS OR THERMOPI.ASllC ON ASPHALT. ° FOR SINGlE FAMILY, MAILBOXES WILL BE PROVIDED ON EVERY LOT, AS
APPROVED BY THE U.S. POSTAL REGULATIONS.
• STRUCTURES CAN BE PLACED ANYWHERE ON EACH LOT, PROVIDED THAT
All MINIMUM SETBACKS ARE MAINTAINED AS DEFINED THEREIN.
• CUR81NG AND PAVING DETAILS ARE SHOWN ON ENGINEERING PLANS.
0 ENTRY SECURITY GATES TO BE EQUIPPED WITH KNOX KEY SWITCH.
0 SEE ENGINEERING PLANS FOR ROADWAY CROSS SECTIONS.
• All SIGNAGE WILL BE PART OF A SEPARATE APPROVAL.
• SURROUNDING PARCEL INFORMATION AND PLANS ARE SHOWN FOR
INFORMATIONAL PURPOSES ONLY.
0 lANDSCAPING MATERIALS SHOWN FOR CONCEPTUAL DESIGN AND
MINIMUM QUANTITY PURPOS~. ANAl lANDSCAPE MATERIAL
SELECTIONS TO BE SUBMITTED AS PART OF I.NDSCAPE CONSTRUCTION
DRAWfoiGS.
WAIVERS REQUESTED
Secllon d7M86(bX8~ d1he CllyCode 1D allow lor a 1Z front -lor
...... on~ ...... RL-3 zoning clolr1ctcalolorr.nc.. onl .... _wlth
the front 1>1-.g-
Secllon78-141, T-10,dtheatyCodeloallowlora10'-..cbedtlor
the---the 125' wide lois. Rl.-3""*'11 dloiJtclcallo
lor. 12.5' aatMck.
Secllon~--lo---ncCID-.cloiciMelkeroundlla .............
Secllon 78-501(d) dlla City Code ID allow lor a cukiHac ID be mare then
s'ecticn 78-3160) dlhe cityoodaiD allow lora 0' .-~r;;;:;,;. :;:;~
onfi'-'Y-~..-..-Thialhallndudelol145dPa'coiA,
1o1s 14811rough 150,1981hrough 202 d Pwcal B • .m 1o1s 1181hrough 122 d
ParciiE.
BUILDING1'1 POOUSPI\'I SCREEN/DECK/ FENCE. WALL•
ENCLOSURE.
FRONT SETBACK: 50' 50' 50' 12'" 12'" FRONT ENTRY GARAGE
FRONT SETBACK: BLGDJ 35' 50' 50' 12"' 12"' SIDE ENTRY GARAGE
SIDE SETBACK 20' 20' 20'
REAR SETBACK 25' 25' 20' 0' 0'
~
TYP. SINGlE FAMILY LOTS -CUSTOM HOMES-Pa'col A~
BUILDING 'Ill POOL/SPAII SCREEN/DECK/ FENCE* WALL*
ENCLOSURE*
=~GARAGE 25' 25' 25' 12"' 12'"
~~~J 25' 25' 25' 12"' 12'"
l$lDESETBACK >d7.5'or10'l 10' 10' 0' 0'
dial-_.--.
!REAR SETBACK 10' 10' 10' r 0' 0'
'-"--"
·w~~
'lfA"*'.17"....,..,..ba_ -.nSeacoeotlnaaMd.llat..edlngsonla"*'.
15'181baci<,.. barnalnllinedby~-,nwoll. "-and-.mayonlyba placadln-.ova-.m.-y __ ...,.,._<XIIWM1ldr.-
~...-. ...... --.
PCD ROADWAYS AND INFORMATION
OUTSIDE OF PARCEL BOUNDARIES
SHOWN FOR INFORMATIONAL
PURPOSES ONLY (APPROVED
AS PART OF THE OVERALL PCD)
u
~
I
i
I
!
!
!
I
!
I
!
I
LOCATION MAP
Parcel B
OLD PALM
COlFClUB
PREPARED Br.
urtxln i
des1gn t !\1 J~9Y I
Urblln Pt•nnlng & Deelgn
L.anctsc.pe Archtt.dure
Communication Graphics
~OflicetatCityPIK:e
477S.R~Aw..,Su .. 225
Wlts1 Palm s-:n. Fl33401
p 561..JM.1100
F !let--36&-1 111 ,_.-.......,
LANG
DESIGN
GROUP
W..4oAMU ....... ~ ••a..-Wir..,lll
................ 1*7
CJ'i)--flt(JII)----·---
w~~_i!!_er
--~'=:::..
'IRUAIIZllllllta!A!OlaAI!S,U£
IUI{IIU III· IJlfl'lU •1Uhlf1. rn: ... n ne ltl11f~·U11n •tnrr: ttuu:nu ·-----........
~-~ ................. ... ..... ....-...... _,. .. _., ... ............. ....,. .... _ ....... ., .. ...... _ ... ....,.,.....r-...... .................... .. _...., .. -.. .... ~--.............................. -·
( NOT FOR CONSTRUCTION )
~~ ~.w 0 100 200 400
NORTH GRAPHIC SCALE
7nYI1: ......_
tl'ltl'l1: ORCeo.rn...~
4N11 :1P ............. ~ ......
71Xl104:M~,_.....__
3IZO:J:CC,.__.f',41.~
~ ~~ DESCRP'1lCH
JOB NO.:
OVerall Site Plan
-A,B&E
~---J ~------------------------------------------------------~( SP-01 J
•
•
Jl l
. _: \~------------.....
i..''·---·· LOCATION MAP
PHASING
PROP06ED loS ONE PHASE
LEGEND
~ UPLAND PRESERVE
.,.........._,. ~~Ws'~:ING COMMUNITY
tA At ~~~RSECTIONS
L ______ _J (S EEATTACHEDSECTlONS )
WAIVER REQUESTS
Sedlotl 7&-'llll(l). Pll..--yo-t~y 01*1et R-.que~tkl •llowA-.ging of lOS Pll~ytM.&t
leelon7e-41(f)·~~Ain~-.....--· .... ~ ..... .....,. ...................
8ec:tlori.,._·SW..III · ~kldow'..._lklon-.W.ofiM..,.,._
e.ct6on~tee(I)·WIM=er.»tWQH.
Seclon ~-Tllblll «<· ~rW'It-of-y.
lledlon71-3te(l)ottMd:y«<ddito•lowfof•a....__J~:Kttnc..lftd_..onproptrty.,_
.~.,...,...·-· ThllWI~Iott45of~rwiA.Iob1o48through 150, tNiwougtl.
202 CJfP'an:* B,MdDtl 1 11 1twowgh122of~E.
SITE DATA
e Zoning PCD
e land Use ----------RM & RH
e U.-lylng Zoning RL-3
• 5eclion42 ---T_,ship42--Range02
e Building Height Max 55 Fl
e Total Dwelling Units --------333
Single Family ========~~ Multi-Family
Gross Density -------.0
v;--
r
e Residential P.,..iiAtea~~~~~~~~~~~---231 .05•135.4% P.,.. A 17.61 AC.
Perce! B 68.81 AC.
PllrceiC1 17.n AC.
Parcel C2 54.27 AC.
ParceiD 43.13AC.
Parcel E 14.26 AC.
Parcel F1""""'"'-Mol --9.60 AC.
Perce! F2 .60 AC.
e ClubltousePan:el___ 9.6ACJ1.6%
e -Center 1.4 ACJ0.2% e Upand Areas ____ .,.._ _.,.,..., ___ 79.423 ACJ 12.2%
e lakes_...,__ 84.4AC.I9.9%
e Perimeter Buffers---~-23.9ACJ3.7%
e Road Right-of-Ways 18.7 AC./2.9%
e Misc. Open Space Including Golf Course 232.227 AC./35.6%
e Total Site Area 651 .1 ACJ100%
• Residential Parcel Densities
Parcel A[~~~~~~~~~~ LOW
Parcel B LOW
Parcel C1 LOW
Parcel C2 LOW
Parcel 0 MEDI UM
Par<:e!E OW
Parcel F1(!'wt"'"'"""-..,l --MEDIUM
Parcel F2 EDIUM
• Net Residentllll Densities
Residential Low (Up to 5 dulac)
Residential M edium(up to 9 dulac)
e Community-Serving Open Space, Required -130.22 AC./20%
Provi<kd 292.93 ACJ45%
Clubhouse Parcel (F) 9.6 AC.
Lakes/Canals 84.4 AC.
Uplands 78.0 AC.
Perimeter Buffers 23.9 AC.
~~,..-~ Misc. Open Space Including Golf __ 117.03 AC.
'(
NOTES
• BOUNDAAY OI.IENSIONS NOT£DON PlAN PROYIDED B'f
U oeERG LAND SURVEY&. MAPPINO INC.
• 8TR£ETlJQKTSONN.T£RNATE8TREET !MOE.8
(F1HAL L.OCAllOHS TO liE fiELD AQJUSTEONJ NEC.)
• AL.LlANDMfASwntiN 150'0F"TMI8 81TeARE.ZCIH£D
M NOTED MD H-'VEA FUT\Ifl£ LAND USE DESIQHAllON
MNOTEDONPI.NI.
• THE SEPNtA.~ CW THE PROfi'OI!EO llltEET TREES AND
UGHTINO FRar.l 8UICXlMT UTIUTY AUTHCMVT'Y UNE8 B
SUBJECT TO lME REVIEW NfO N'flfii.OJN. Of SEAOCWIT
• SEN::0MT 1/TJJTY AUlltORITYWLLIE lKE SOULitCE
Of POTABlE M.T'E" AHDMNrTNtY lEVeR SERVICE.
• ALL STOP BNlS AND SON Lcx:ATIOH8 TO '"":t:.TIFlEil O'(IIMSEl
~EER.
• ~~~LIIE~~f~W~So~TM~~~nc o~,~~~l
• CUit8ltQ DETAUTO IIIEaMCIWN ON ~COtm'JtUCTlON "-AN8.
• 8ft EHQIIIEPtNQ P\NII8 f'Qt rtoN:JNAYCftoee IECTlOHS.
• OLD PAlM
GOLF CLUB
PCD
PREPARED FOR:
PREPARED BY:
urt:xJn r ~~ u~!tg&DQ l
Landscape An::hllecture ~
Comroonication Graphics J
2IXJO ,..., Beach lakes BlVd.
Sull OIXJ The Conoou'M
\NMI Flllm &Mcf'l. FL :J3.409.6582
561.81!18.00815
Fax55t .eea.05St
Enwl~.oom
!.
I
I
Wils;nMiller
-~.--...~ ~~-r-~ -.... ________ ...,.,,....
""""" . ..--.,.. ......
,_~:~--
Wl1l.IAM ZMISTOWSIU ASSOC!A TES, U.C
I U CIUUI II•fUII III •IIUI IU 111111
UUI • 1111111 • lUlU • IUtll UIIUitUI
-
·----------
.u-. ...... ----.-,.,....,_... " .. _,. _ _._.,_ .. """""'., .. ...,.._.., _ _... ..... _......_., ..
...... ...... r--. ...... -.....
.... -..... 1011111 ................. ...-..................... _,.......... ... _
( NOT FOR CONSTRUCTION )
NORTH GRAPHIC SCALE
I ~· I
DATE: Dec. I 2, 2000
JOB NO.:
__ 10
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 10, 2013
Resolution 10, 2013
Subject/Agenda Item:
Gordon and Doner PUD Amendment
Consideration for Approval: A request by G &. D Real Estate Holdings, LLC for
approval of a phasing plan for the Gordon and Doner Planned Unit Development (PUD).
The Gordon and Doner PUD is located at the southwest corner of Northlake Boulevard
and Sunset Drive.
Originating Dept.:
Planning & Zoning:
Project Manager
\(/V
Kathryn DeWitt, AICP
Sr. Planner
[X] Quasi -Judicial
[ ] Legislative
[X] Public Hearing
ent Compliance Advertised:
Approved By:
[X] Required
[ ] Not Required
Date: 12.26.2012
Paper: Palm Beach
Post
[ ] Not Required
Finance:
Accountant
Sarah Varga
Fees Paid: Yes
Funding Source:
[ ] Operating
[X] Other N/A
Budget Acct.#:
N/A
Effective Date:
N/A
Expiration Date:
N/A
Council Action:
] Approval
] Approval w/
Conditions.
] Denial
] Continued to: __
Attachments:
• Development
Application
• Project Narrative
• Location Map
• Resolution 10, 2013
EXECUTIVE SUMMARY
Meeting Date: January 10, 2012
Resolution 10, 2013
Page 2 of4
A request by G & D Real Estate Holdings, LLC for approval of a phasing plan for the
Gordon and Doner PUD . Staff is recommending approval of the plan.
BACKGROUND
In 2002, the Gordon and Doner site was annexed into the City through the adoption of
Ordinance 31, 2002. The site was subsequently purchased by G & D Real Estate
Holdings, LLC and renovated.
In 2005, Gordon and Doner purchased the 0.26-acre residential parcel directly south of
its property. A one-story residential building, which previously stood on the parcel, was
demolished in 2008.
In 2007, in response to a Code compliance violation for improper pruning of mahogany
trees along Northlake Boulevard, the City granted an administrative approval (Petition
No. ADMN-07 -08-000155) to replace the mahogany trees with royal palms and to
upgrade the on-site landscaping.
In February 2012, the two (2) properties owned by Gordon and Doner were rezoned to
a PUD with underlying zoning designation of General Commercial (CG-1) via Ordinance
2, 2012 and Resolution 3, 2012. A future land-use amendment for the 0.26-acre parcel
was processed concurrently via Ordinance 1, 2012. The PUD site plan included a
5,069-square-foot expansion to the existing building and additional parking spaces and
landscaping.
LAND USE & ZONING
The Gordon and Doner PUD has a Commercial (C) future land use designation and a
zoning designation of General Commercial (CG-1 ). The site is also located within the
West District of the Northlake Boulevard Overlay Zone (NBOZ).
North
Sunoco Gas station
South
Sunset Drive
West
Gardens Towne Square
East
Divers Direct
Planned Unit Development (PUD)
I General Commercial (CG-1)
Intensive Commercial (CG-2)
Residential Medium (RM)
General Commercial (CG-1)
General Commercial (CG-1)
Commercial (C)
Commercial (C)
Residential Medium (RM)
Commercial (C)
Commercial (C)
TRAFFIC CONCURRENCY
Meeting Date: January 10, 2012
Resolution 1 0, 2013
Page 3 of4
No changes to the approved concurrency are proposed with the subject petition.
PROJECT DETAILS
Site Details
The Gordon and Doner PUD is 0.87 acres in size and maintains two (2) points of
access off Sunset Drive. The existing access points will remain in their current location
during Phase I of the phasing plan; however, the southernmost access drive will be
shifted approximately 23 feet farther south during Phase II to align with the proposed
building expansion.
Phasing Plan
The Applicant is proposing to complete the most recently approved site plan
improvements in two (2) phases. Phase I includes the construction of the majority of
the parking and landscape improvements, paving and grading, installation of new
curbing, and installation of the right-of-way landscaping along Northlake Boulevard .
The south perimeter wall will also be constructed during Phase I. Phase II includes the
construction of the approved 5,059-square-foot building expansion, minor changes to
the parking area and landscaping, and relocation of the southernmost access point.
Parking
During Phase I, 23 parking spaces will be added to the site for a total of 52 parking
spaces; a maximum of 35 spaces are permitted by City Code based on the existing
building square footage. The Applicant is requesting a waiver to allow the surplus
parking spaces.
During Phase II , due to the reconfiguration of the southern drive aisle and the addition
of the new building square footage, three (3) parking spaces will be added to the site
and six (6) spaces will be eliminated, resulting in a total of 49 parking spaces on the site
upon completion of Phase II .
Landscaping
During Phase I, all of the buffer and right-of-way landscaping will be installed. All of the
parking lot landscape islands will be installed as well.
During Phase II , minor modifications to one (1) of the landscape islands will occur to
accommodate the reconfiguration of the southern drive aisle. Additionally, a landscape
area located at the northeast corner of the existing building will be modified to allow
modification to the handicap parking spaces in front of the building.
Sign age
No changes to the approved signage are proposed with the subject petition.
Waiver Request
The Applicant is requesting one (1) waiver with this petition .
Code Section Requirement Proposal
1 78-345(d}, Increases 35 spaces 52 spaces in Parking Spaces
Meeting Date: January 10, 2012
Resolution 10, 2013
Page 4 of4
Waiver Staff Support
& Discussion
17 Approval
1) The Applicant is requesting a waiver from City Code Section 78-345(d}, Increases in
Parking Spaces, to allow a surplus of 17 parking spaces during Phase I. Upon
completion of Phase II, the waiver will no longer by applicable. The Applicant
wishes to implement the site and landscape improvements during Phase I, but would
like to postpone the building expansion until a later time. While the Applicant does
not desire to move forward with the building expansion at this time, allowing the site
and landscape improvements to be implemented will greatly enhance the
appearance and functionality of the site. The site improvements will allow the two
(2) parcels to be joined, provide more parking and landscaping on site, and reduce a
number of existing nonconformities. Staff supports the waiver request.
STAFF ANALYSIS
The proposed phasing plan will allow the Applicant to implement its approved
entitlements in a manner that corresponds to its current and future operational needs.
Implementation of Phase I will greatly enhance the current site conditions as well as
physically join the two (2) parcels owned by the law office. The landscape
improvements will provide the surrounding residents a significant buffer, which will be
further complemented by the construction of the wall along the southern property line in
Phase I. The parking improvements will help the law office better accommodate its
existing staff. Additionally, the implementation of Phase I will reduce a number of
existing nonconformities. Allowing this type of phased development will provide
flexibility for the Applicant while achieving the approved site upgrades. Staff is
supportive of the proposed phasing plan.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On October 29, 2012, the subject petition (PUDA-12-10-000044) was reviewed by the
DRC. At this time, all certification issues have been satisfied.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
On December 11, 2012, the PZAB recommended approval of the subject petition by a
vote of 6-0.
STAFF RECOMMENDATION
Staff recommends APPROVAL Resolution 10, 2013 as presented.
CITY OF PALM BEACH GARDENS
DEVELO PMENT APPLICATION PUM-1;/·01 tJOOOtjD
Planning and Zoning Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799:.4243 Fax (561) 799-4281
Request:
!Planned Community Development (PCD)
C :Pianned Un it Development (PUD)
r::Amendment to PCD, PUD or Site Plan
!Conditional Use
C Amendment to the Comprehensive Plan
fl Administrative Approval
r Administrative Appeal
Project N ame: Gordon & Doner
Owner: G & D Real Estate Holdings LLC
["Annexation
!'Rezon in g
!'Site Plan Re v ie w
C Concurrency Certificate
!Time Extension
f7Miscellaneous
!,Other f._.L __
Date Submitted: .-[-.... -...... -..... _-_.-.-.-. ----
Applicant (if not Owner): ______________ __,.. _______ _
Applicant's Address:4114 Northlake Boulevard. Ste 200 TelephoneNo •. _______ _
Agent: Cotleur & Hearing tnc.
ContactPerson: Alessandda Kalfin E-Mail: aka lfin@cotleur-hear jn g.com
Agent's Mailing Address: 1934 Commerce Lane. Suite 1 , Jupiter, FL 33458
Agent's TelephoneNumber:..:::5.::.61.:.:.·.:....74.:.:.7..:..;.6:.:3.::.36:::....:.:..x1.:..:2::::8 _______________ _
FOR OFFICE USE ONLY
Pe t ition Number: ______ _ Date & Time Received: ______ _
Fees Received
Appli cat ion $ Eng i neering$·---~------
Receipt Number: ________ _
Architect: Christopher Jones-828.890.1191
Engineer: Jeff lravani -561.575.6030
Planner: Cotleur & Hearing -561 .747.6336
landscapeArchitect: Cotleur & Hearing-561.747.6336
Site Information: Note: Petitioner shall submit electronic digital files of
approved projects. See attachment for details.
General location: Southwest corner of Northlake Boulevard and Sunset Drive
Address: 4114 Northlake Boulevard and 8955 Sunset Drive
S . 42 T h' 52 R ect1on: owns 1p: ange: -----------------------------
42
PropertyControl Number(s): 52-42-42-24-04-000-0240; 0250
Acreage: 0·78 Current Zoning: CG 1 / ?rJO tJ/A------
Flood Zone ------Base Flood Elevation (BFE) :.... to be indicated on site plan __ _
Current Comprehensive Plan land Use Designation:c -----------------
Existing land Use: Office Requested land Use:-~ tJ \~ -----------------~----~-----------
Proposed Use(s) i.e. hotel,singlefamily residence,etc.: N/A -------
N/A
Proposed Square Footage by Use: ----------------------
ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
N/A
2
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations.}
I . Explain the nature of the request: The applicant is proposing to phase the construction of the
building approved by way of the 2011 PUD petition. All approved site and landscape improvements w ill be
part of the first phase. Only the second and third floors of the building expansion will be in the second phase.
2 . What will be the impact of the proposed change on the surrounding area?
Not applicable.
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
ofthe City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination
and Capital Improvement.
Not applicable.
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
The subject site is developed and the portion of the site which does not have a structure or parking has
been cleared of ve~etation for many years. It is not adjacent to any environmentally sensitive lands or
large preserves. The pattern of development around the parcel is consistent with this proposal.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?·
Not applicable.
6. Has project received concurrency certification?
Yes
Date Received:l??'~~~~~11 __ _
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately 0 mile(s) from theintersectionof Northlake rtj•
Sunset Ln , on the! I north,Q east,[{JsouthUwest side of _____ _
Northlake Blvd (street/road). -------------------------
4
Statementof Ownership and Designationof Authoriz ed A g Ent
Before me, the undersigned authority, personally appeared---------
Robert Gordon who, 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. Th t h I h . t' Miscellaneous Petition 1·0 tile a e s e 1s reques mg ----------------------------City of Palm Beach Gardens, Florida.
3. That he/she has appointed _C_o_tle_u_r_&_H_e_a_n_·n-=-g_ln_c_. --------------to act
as authorized agent on his/her behalf to accomplish the above project.
Robert Gordon I Manager
By: NamefTitle
4114 Northlake Blvd Palm Beach Gardens, FL 33410
Street Address City, State, Zip Code
P. 0. Box City, State, Zip Code
TelephoneNumber Fax Number
9;;0~11@ ~ 11e rV'~v_..ecl. (_~
E-ail Address
Sworn and subscribed before me this / ~ day of~
Notary Public
My Commission expires:
oj:za{ao1o
5
Applicant's Certification
l/We affirm and certify that 1/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. 1 We further certify that 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,
1/we understand that this application, attachments, and application filing fees become a part of the
official records ofthe City of Palm ach Gardens, Florida, and are not returnable.
Applicant is:
17 Owner
I Optionee
I Lessee
I Agent
I . Contract Purchaser
Bol!eil GpQion ErtO R eoJ Ss f:t~.:f.e. H'Q l d (\ Ill ss. LLL.
Print Name of Applicant
4114 Northlake Blvd
Street Address
Palm Beach Gardens, FL 33410
City, State, Zip Code
5b( -]<}9-SolO
Telephone N umber
Fax Number
6
f!!:
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~· '
Palm Beach Gardens Planning and Zoning Department
10500 North Military Trail, Palm Beach Gardens, FL 33410
561-799-4230
Permit# __________ ~~---------------------
Financial Responsibility Form
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 retained by the
City o f 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 and/or designee shall reimburse the City within thirty (30) days from date of invoice. If paymen t 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
a ing Department if the name and/or address of the responsible party changes at anytime
d appl review norn,rP•<<::
{,}/<]_ J {b.
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-":-'R=ob;.;;.e.;.;.rt ~Go.;...r=do~n~.......::;..:..____.:Gt......._.~o<..-.:..(}.;...;ftl:.=;..(_Es_-=io:=~-= H o lti ""1Jf. J L'-S 52-42-42-24-04-000-0240 d
Owner printe name Property Control Number
DESIGNEE/BILL TO:
G & D Real Estate Holdings. LLC
4114 Northlake Blvd
Designee Acceptance Signature
Palm Beach Gardens, Fl 33410
NOTARY ACKNOWLEDGEMENT
STATE OF
COUNTY OF 1/tlm ft4eh
I hereby certify that the foregoing instrument was acknowledged before me this ~ay of
:-MJ\1. '' 2012, by Bob~J\f a . .f1ord0¥l . He or she is personally k~ ~ as«catio:_~~
Notary public signature ~.\ MYCOMMISSIONtEE062244 ~~~ EXPIRES: MaJch 28,2015 mel' ivJL m. GA.seL-'"'·~· I!OOOedllwuNcQyNllcUndllwln
Printed name
State of 0ond~ at-large My Commission expires: 3j2g{1.0l5
Cotleur&
Hearing Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane • Suite 1 • Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561 .747.1377 • www.cotleurhearing .com • Lie# LC-C000239
Gordon & Doner Office Building
PUD Amendment
Justification Statement
Introduction
G & D Real Estate Holdings LLC (the Applicant and property owner) is requesting approval of a PUD
Amendment for a 0.87-acre property located at the intersection of Northlake Boulevard and Sunset
Drive, immediately west of the 1-95 ramp, in the City of Palm Beach Gardens. The property has a
Commercial future land use designation and is in the Commercial General (CG}/PUD zoning district. The
purpose of the subject petition is to phase the construction of the building expansion.
Project Team
Agent, Planner, & Landscape Architect
Cotleur & Hearing Inc.
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
Phone: (561} 747-6336 Ext. 109
Fax: (561} 747-1377
Email: akalfin@cotleur-hearing.com
Architect
Christopher M. Jones, Architect
258 Lake Rugby Dr.
Hendersonville, NC 28791
Phone: (828} 890-1191
Fax: (828} 890-1192 FAX
Email: IMCJ008@aol.com
Background ·
Civil Engineer & Traffic Engineer
Jeff H. lravani, Inc .
1934 Commerce Lane, Suite 5
Jupiter, FL 33458
Phone: (561} 575-6030
Fax: (561} 575-6088
Email: JHI@bellsouth.net
Surveyor
Wallace Surveying Corp
5553 Village Boulevard
West Palm Beach, FL 33407
Phone: (561} 640-4551
Fax: (561} 640-9773
Email: rcajal@wallacesurveying.com
The site was developed in 1985 with a three-story office building serving 9,611 square feet of office
space. The applicant received approval for a zoning map amendment to CG1 as well as a PUD approval
in February of 2012 to expand the existing building by 5,059 SF and to enlarge the parking lot area with
17 new parking spaces.
Request
The applicant is requesting the phasing of the building expansion recently approved in February 2012 by
the City Council. The applicant plans to complete all of the site improvements approved by the Council
but would like to delay the expansion of the building. The applicant finds that the building expansion
would be very difficult to complete at this time . The new Florida building code requires that the fire
sprinkler system in the existing building be replaced if the expansion is completed. This is a significant
Gordon & Doner CH# 10-1212
PUD Amendment
Justification Statement
October 1, 2012
October 31, 2012
amount of work that would require the existing building to be vacated shutting down business for an
unforeseen amount of time. The owners cannot find a feasible time frame to complete this renovation
and to temporarily close their business any time in the near future. However the applicant would like to
keep the momentum of their recent approval by moving forward with the site improvements on the
new parcel to the south as well as the additional parking. The additional parking will be helpful to the
applicant's employees and customers as there have been instances where vehicles have been stopped
on Northlake Boulevard because all of the parking on the site is full. All of the site improvements
including paving, grading, curbing and landscape will be completed in this first phase. The plans differ
slightly in the rear parking area to address the different location of the east/west drive aisle. Two 90-
degree rows of parking have been provided in the phase one site plan to address this difference. This
parking area will be replaced with the phase two configuration when the building expansion takes place.
Parking
The applicant is proposing more then the maximum number of parking spaces for the site in the Phase I
site plan. The code allows for 35 parking spaces (110% of the required) to be constructed without a
waiver. Any parking above this amount requires a waiver from City Council and it also requires that
additional open space be provided based on the number of additional parking spaces. The applicant is
proposing 52 parking spaces, 17 spaces above the maximum the code permits. The code states that
these additional parking spaces are to be replaced with open space somewhere else on the site at a rate
of 1.5. Each space is equivalent to 185 square feet (10' x 18.5'). At a rate of 1.5 a total of 4,717 square
feet of open space is required. The applicant has provided this open space on site in addition to the 15%
minimum requirement of the code.
Waiver for Additional Parking in Phase I
PUD Waiver Criteria
(1)The request is consistent with the city's comprehensive plan.
Policy 1.2.4.11: Encourage infill and redevelopment of existing properties
Objective 1.3.3 and Policy 1.3.3.1: Northlake Bou levard Corridor
These policies states that the City shall provide for visual continuity of the community through the
application of sound principles of architectural design and landscaping and to be consistent with the
character of the neighborhood and that the City shall seek ways to encourage improvement,
enhancement, renovation or redevelopment of the older properties along Northlake Boulevard, east of
Military Trail. Allowing the applicant to construct the majority of the parking during phase I will allow
the site redevelopment to occur at a more efficient pace then if this work was delayed until phase II of
the project. The site will appear to be redeveloped with all of the site work completed, for the exception
of the building addition. If the parking was limited to that permitted without a waiver the site would
essentially look the same as it does today.
{2} The request is consistent with the purpose and intent of this section.
The request is consistent with the purpose and intent of this section. The applicant is required to build
this parking for phase II of the approved plan. The request at hand is to complete the parking in the first
phase of development so that the applicant has the opportunity to maintain their current business
-2-
Gordon & Doner CH# 10-1212
PUD Amendment
Justification Statement
October 1, 2012
October 31, 2012
operation. Once the construction of the parking is complete the applicant can then devise a plan to
implement phase two of the project without disrupting the business operation.
{3) The request is in support of and furthers the city's goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages, employment
opportunities, reductions in vehicle trips, and a sense of place.
The proposed waiver supports and furthers the city's goals, objectives and policies because it fosters
infill and redevelopment as directed by the comprehensive plan . Construction of the additional parking
in phase I will reflect the redevelopment of the site at an earlier stage and will hopefully encourage
others in the corridor to do the same, before the applicant gets to phase II of the development.
{4) The request demonstrates that granting of the waiver will result in a development that exceeds one
or more of the minimum requirements for PUDs.
The PUD will continue to exceed the required open space for a nonresidential project. The open space
required (15%) is 5,683 SF . Due to the parking waiver requests the open space 4,628 SF in phase I.
{5) The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
The request for constructing the majority of the required phase II parking in phase I is a result of
innovative design because it provides a phased solution for the redevelopment of the site that is more
approachable for the applicant. If the applicant could not phase the parking and the building, the
redevelopment may not be completed at all.
{6) The request demonstrates that granting of the waiver will result in preservation of valuable natural
resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas.
The two parcels within the development are urbanized and do not contain any valuable natural
resources. The drainage for the site has been designed so that there are no impacts to the surrounding
areas. The subject development is not in a coastal area.
{7) The request clearly demonstrates public benefits to be derived, including but not limited to such
benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project
boundaries, preservation of important natural resources, and use of desirable architectural, building, and
site design techniques.
The proposed development will add value to the city by implement some of the redevelopment of a
previously vacant infill site sooner then later. If the parking were to wait until phase II the applicant may
not be ready to complete the redevelopment of the site work for quite some time.
(B) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse
impacts caused by a waiver.
-3 -
Gordon & Doner CH# 10-1212
PUD Amendment
Justification Statement
October 1, 2012
October 31, 2012
The proposed parking will not adversely impact any of the surrounding properties due to its passive
nature. The properties to the east and west are more intense the subject property. The property to the
south is multifamily residential so the applicant has proposed a six to eight foot wall within the
landscape buffer to screen the parking area from view of the residents.
{9} The request is not based solely or predominantly on economic reasons.
The requests are not based solely or predominantly on economic reasons. The applicant would like to
carry on business operations during some phase of the construction so that they are not closed for a
long period of time.
{10} The request will be compatible with existing and potential/and uses adjacent to the development
site.
The adjacent land uses to the east and west are completely compatible with more intense shopping
center and restaurant uses. Both uses extend further south from Northlake then the existing site. The
residential use directly south of this site is bounded by a commercial shopping center with retail and
restaurant uses to the west. The request is compatible with the existing and potential land uses adjacent
to the site.
{11} The request demonstrates the development will be in harmony with the general purpose and intent
of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise
detrimental to the public health, safety, and welfare.
There will be no adverse impacts to the public which caused issues with health, safety, or welfare due to
this request. The parking proposed by waiver is already approved in Phase II of the project. The
applicant is simply requesting to build this parking first, in an earlier phase, and then build the addition
in a second phase.
Conclusion
The Applicant is requesting approval of a PUD amendment in the City of Palm Beach Gardens. The
applicant is proposing to build the expansion to the building in a second phase. The proposed use for
the site, an expansion of an existing office business, is consistent with surrounding uses and intensities
of development. The request is consistent with the City's goals, objectives, and policies as well as the
City's land development regulations.
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1 RESOLUTION 10, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
6 THE GORDON AND DONER PLANNED UNIT DEVELOPMENT
7 (PUD) TO APPROVE A PHASING PLAN, AS MORE
8 PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS;
9 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
10 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, the City Council, as the governing body of the City of Palm Beach
14 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
15 Statutes, and the City's Land Development Regulations, is authorized and empowered
16 to consider petitions related to zoning and land development orders; and
17
18 WHEREAS, the City Council adopted Ordinance 31, 2002, annexing the subject
19 parcels into the City of Palm Beach Gardens; and
20
21 WHEREAS, the Gordon and Doner site (4114 Northlake Boulevard) is currently
22 zoned Planned Unit Development (PUD) Overlay I General Commercial (CG-1) and has
23 a future land-use designation of Commercial (C); and
24
25 WHEREAS, the City Council adopted Ordinance 1, 2012, amending the future
26 land-use designation of a 0.26-acre residential parcel from Residential Medium (RM) to
27 Commercial (C); and
28
29 WHEREAS, the City Council adopted Ordinance 2, 2012, rezoning 0.87 acres to
30 Planned Unit Development (PUD) with an underlying zoning designation of General
31 Commercial (CG-1); and
32
33 WHEREAS, the City Council adopted Resolution 3, 2012, approving the Gordon
34 and Doner PUD site plan; and
35
36 WHEREAS, the Planning and Zoning Department has reviewed the application,
37 has determined that it is sufficient and consistent with the City's Comprehensive Plan
38 and Land Development Regulations, and has recommended approval; and
39
40 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its
41 December 11, 2012, meeting and recommended approval of the subject petition
42 (PUDA-12-10-000044) by a vote of 6-0; and
43
44 WHEREAS, the City Council has considered the evidence and testimony
45 presented by the Applicant and other interested parties and the recommendations of the
46 various City of Palm Beach Gardens reviewing agencies and staff; and
Page 1 of 8
-------------------------------------
Resolution 10, 2013
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. Resolution 3, 2012 is hereby repealed in its entirety.
12
13 SECTION 3. The application is hereby APPROVED for an amendment to the
14 Gordon and Doner PUD to approve a phasing plan and subject to the conditions of
15 approval contained herein, which are in addition to the general requirements otherwise
16 provided by resolution for the real property described as follows:
17
18 (See Exhibit "A" for Legal Description)
19
20 SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
21 APPROVES the following seven (7) waivers:
22
23 1. Section 78-153, Table 12: Nonresidential Zoning District Regulations, to allow
24 a parcel size within the General Commercial zoning district of 0.87 acres.
25
26 2. Section 78-153, Table 12: Nonresidential Zoning District Regulations, to allow
27 a street-side setback of 24.9 feet.
28
29 3. Section 78-154(g)(7), Table 14: Minimum PUD Development Size, to allow a
30 0.87 -acre PUD.
31
32 4. Section 78-319(a), Minimum buffer required, to allow a three-(3) foot
33 landscape buffer along the west side of the property adjacent to the parking
34 lot.
35
36 5. Section 78-344(h), Entrances and exits, to allow a stacking distance of 15 feet.
37
38 6. Section 78-345(d), Increases in Parking Spaces, to allow a total of 52 parking
39 spaces during Phase I.
40
41 7. Section 78-364, Table 35: Required Off-Street Loading Spaces, to allow no
42 loading zones on site.
43
44 SECTION 5. This approval is subject to the following conditions , which shall be
45 the responsibility of and binding upon the Applicant, its successors, or assigns :
46
Page 2 of 8
Resolution 10, 2013
1 Legal Department
2
3 1. Prior to the issuance of the first building permit, the Applicant shall execute
4 a unity of title which shall unitize the two lots having street addresses of
5 4114 Northlake Boulevard and 8955 Sunset Drive. Such unity of title shall
6 be submitted to the City Attorney for approval prior to being recorded . (City
7 Attorney)
8
9 Planning and Zoning Department
10
11 2. The permitted uses shall consist of business and professional office. Medical
12 office uses shall not be permitted on site unless a traffic equivalency analysis
13 and a parking analysis are approved in accordance with the City's LDRs.
14 (Planning & Zoning)
15
16 3. Prior to the issuance of the first building permit for vertical construction, the
17 Applicant shall install a six-(6) foot tall construction fence with a privacy tarp
18 around the perimeter of the construction area, with the final location to be
19 determined by the Planning and Zoning department. (Planning & Zoning)
20
21 4. Prior to the issuance of the Certificate of Completion for the parking lot
22 improvements associated with Phase I, the proposed wall along the south
23 property line shall be installed in accordance with the approved development
24 plans. (Planning & Zoning)
25
26 5. Prior to the issuance of the first building permit for each phase, the Applicant
27 shall schedule a pre-permit meeting with the Planning and Zoning
28 Department. (Planning & Zoning)
29
30 6. Prior to the issuance of the Certificate of Completion for the parking lot
31 improvements associated with Phase I, all ground-mounted mechanical
32 equipment shall be screened from view per Section 78-377. (Planning &
33 Zoning)
34
35 7. Prior to the issuance of the first Certificate of Occupancy, all ground-mounted
36 and rooftop mechanical equipment shall be screened from view per Section
37 78-377 . (Planning & Zoning)
38
39 8. All on-site lighting shall be cast downward and shielded from adjacent
40 properties. (Planning & Zoning)
41
42 9. Art in Public Places (AIPP) is required per Section 78-261 (c) if the vertical
43 construction costs of all new improvements on the project site are greater than
44 $1,000,000, in which case art valued in an amount of one percent (1 %) of the
45 total vertical costs is required. (Planning & Zoning)
46
Page 3 of 8
Resolution 10, 2013
1 10. At no time shall staging of construction vehicles and/or seivice vehicles occur
2 within a public right-of-way. (Planning & Zoning)
3
4 11 . All gutters, downspouts, vents, and louvers attached to the building shall be
5 painted to match the surface to which it is attached. (Planning & Zoning)
6
7 12 . The build-out date for this project is December 31 , 2014, or as otherwise
8 extended as permitted by Code. (Planning & Zoning)
9
1 0 13. Prior to the issuance of a Certificate of Completion for each phase of
11 construction, the Applicant shall have the landscaping completed and
12 certified by the landscape architect and inspected and accepted by the
13 Planning and Zoning Department. (Planning & Zoning)
14
15 14 . Prior to the issuance of the first Certificate of Completion for the proposed
16 improvements, an inspection is required by the Development Compliance
17 Division. (Development Compliance Division)
18
19 15. Prior to the issuance of the Certificate of Occupancy for the new building
20 addition, digital files of the approved civil design and architectural drawings,
21 including floor plans, shall be submitted to the GIS Manager. (GIS,
22 Development Compliance)
23
24 16. The off-site landscaping and irrigation improvements within the Sunset Drive
25 road shoulder and the Northlake Boulevard road shoulder and median shall
26 be completed prior to the Certificate of Completion for the parking lot
27 improvements associated with Phase I. The term "completed" shall mean
28 accepted by the entity issuing the road right-of-way permit (i.e ., FOOT or Palm
29 Beach County. (Forestry, Development Compliance)
30
31 17. The existing landscaping and irrigation within the Northlake Boulevard road
32 shoulder shall be maintained by the Applicant, successors, or assigns in
33 accordance with Section 78-329 of the City's Code . The Applicant,
34 successors, or assigns shall be responsible for the maintenance of the new
35 off-site landscaping and irrigation improvements within the Sunset Drive road
36 shoulder and the Northlake Boulevard median once same is completed.
37 (Forestry, Development Compliance)
38
39 18. The Live Oak tree located on the east side of the building shall be protected
40 during construction and installation of the sewer line in accordance with
41 Section 78-330 . In the event the tree dies at any time during or after
42 construction, it shall be replaced with a minimum 12-foot tall Live Oak tree in
43 an appropriate area on the site acceptable to the City. (Development
44 Compliance)
45
46
Page 4 of 8
Resolution 10, 2013
1 Police Department
2
3 19. Prior to the issuance of the first building permit for each phase, the
4 Applicant shall submit a site security plan detailing the measures the
5 Applicant/contractor will take · to minimize theft during the construction
6 phase. (Police)
7
8 Engineering Department
9
10 20. Prior to the issuance of the first building permit for each phase, an
11 infrastructure permit will be required for this project. (Engineering)
12
13 21 . Prior to the issuance of the infrastructure permit for the first phase, the
14 Applicant shall provide the approval permit from Palm Beach County for the
15 off-site improvements, including, but not limited to, the proposed curbing
16 and sidewalk. (Engineering)
17
18 22. Prior to the issuance of the clearing permit or the infrastructure permit,
19 whichever occurs first, the Applicant shall provide itemized cost estimates
20 and surety for the project, in accordance with LOR Sections 78-309 and 78-
21 461. The itemized cost estimates shall include all public elements for the
22 project for the on-site and off-site infrastructure, landscaping, and irrigation
23 costs. The cost estimates shall be dated, signed, and sealed by an
24 engineer and landscape architect registered in the State of Florida. Surety
25 will be based on 110 percent of the total combined City-approved cost
26 estimates and shall be posted with the City. (Engineering)
27
28 23. Prior to the issuance of the first land alteration permit, the Applicant shall plat
29 the site to include all existing and proposed easements and like
30 encumbrances, in accordance with LOR Section 78-446 for City Council
31 approval. (Engineering)
32
33 24. Prior to the issuance of the infrastructure permit for each phase, the
34 Applicant shall provide a signed and sealed photometric plan and submit a
35 site lighting permit application. (Engineering)
36
37 25. Prior to the commencement of construction for each phase, the Applicant
38 shall schedule a pre-construction meeting with City staff. Inspections
39 related to the infrastructure permit will not be performed until the pre-
40 construction meeting has occurred. In addition, failure to comply with this
41 condition could result in a Stop Work Order of all work/construction activity
42 for the subject development site. (Engineering)
43
44 26. Prior to the commencement of construction, the Applicant shall provide all
45 necessary construction zone signage and fencing as required by the
46 Engineering Department. (Engineering)
Page 5 of 8
Resolution 10 , 2013
1 . 27. Prior to the issuance of the Certificate of Completion for the infrastructure
2 permit by the Engineering Department or the issuance of the first Certificate
3 of Occupancy , whichever occurs first, the Applicant shall provide copies of
4 the required FOOT testings for the City's review and approval.
5 (Engineering)
6
7 28. The Applicant shall copy to the City all permit applications, permits ,
8 certifications, and approvals. (Engineering)
9
10 29 . Prior to the issuance of the Certificate of Completion for the infrastructure
11 permit by the Engineering Department or the issuance of the first Certificate
12 of Occupancy, whichever occurs first, the Applicant shall provide the
13 Engineering Department with copies of all permits , permit applications , and
14 Requests for Additional Information (RAis) to and from regulatory agencies
15 regarding issues on all permit applications, certifications, and approvals.
16 (Engineering)
17
18 30. The construction, operation, and/or maintenance of any elements of the
19 subject project shall not have any negative impacts on surrounding areas ,
20 including, but not limited to, drainage, erosion, sedimentation, dust, etc. If at
21 any time during the project development it is determined by the City that any
22 of the surrounding areas are experiencing negative impacts caused by the
23 project, it shall be the Applicant's responsibility to resolve said impacts in a
24 period of time and a manner acceptable to the City prior to additional
25 construction activities . The City may cease issuing building permits and/or
26 Certificates of Occupancy until all off-site concerns are resolved .
27 (Engineering)
28
29 31 . The Applicant shall comply with all Federal Environmental Protection
30 Agency and State of Florida Department of Environmental Protection permit
31 requirements for construction activities. (Engineering)
32
33 SECTION 6. This petition is approved subject to strict compliance with the
34 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "8 ":
35
36 1. Phase I Site Plan, Sheet 1 of 9, prepared by Cotleur & Hearing, Inc .• dated
37 November 21 , 2012 .
38
39 2 . Phase II Site Plan , Sheet 2 of 9, prepared by Cotleur & Hearing, Inc .• dated
40 November 21 , 2012 .
41
42 3. Site Details, Sheet 2 of 2, prepared by Cotleur & Hearing, Inc .. dated
43 December 14, 2011 .
44
45 4 . Phase I Landscape Plan , Sheet 4 of 9, prepared by Cotleur & Hearing, Inc.,
46 dated November 21 , 2012 .
Page 6 of 8
Resolution 10, 2013
1 5. Phase II Landscape Plan, Sheet 5 of 9, prepared by Cotleur & Hearing, Inc.,
2 dated November 21 , 2012.
3
4 6. ROW Landscape Plan, Sheet 2 of 3, prepared by Cotleur & Hearing, Inc.,
5 dated December 14, 2011 .
6
7 7 . Landscape Details, Sheet 3 of 3, prepared by Cotleur & Hearing, Inc., dated
8 December 14,2011 .
9
10 8. Phase I Site Plan Area Calculations, Sheet 8 of 9, prepared by Cotleur &
11 Hearing, Inc ., dated November 21 , 2012.
12
13 9. Phase II Site Plan Area Calculations, Sheet 9 of 9, prepared by Cotleur &
14 Hearing, Inc., dated November 21, 2012.
15
16 10. Exterior Elevations, Sheet A-2, prepared by Christopher M. Jones, dated
17 November 4, 2011. ·
18
19 11 . Photometric Plan, Sheet PH .O, prepared by Smith Engineering Consultants,
20 Inc., dated November 15,2011 .
21
22 SECTION 7. This approval shall be consistent with all representations made by
23 the Applicant or the Applicant's agent at any public hearing.
24
25 SECTION 8. This Resolution shall become effective immediately upon adoption.
26
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Resolution 10, 2013
PASSED AND ADOPTED this __ day of _______ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: -------------------------------Robert G. Premuroso, Vice 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
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 10 2013-Gordon & Doner-PUD phasing plan. doc
Page 8 of 8
Resolution 10, 2013
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELl
THE NORTH 75 FEET OF THE SOUTH 2,375 FEET OF THE WEST ONE-QUARTER
(1/4) OF THE EAST ONE-HALF (1/2) OF THE EAST ONE-HALF (1/2) OF THE
NORTHEAST ONE-QUARTER (1/4) OF SECTION 24, TOWNSHIP 42 SOUTH ,
RANGE 42 EAST , PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE
EAST 15 FEET THEREOF , AS CONVEYED TO THE COUNTY OF PALM BEACH BY
THAT CERTAIN QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK
1970, PAGE 1482, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,
FLORIDA.
PARCEL II
THE WEST ONE-QUARTER (1/4) OF THE EAST ONE-HALF (1/2) OF THE EAST
ONE-HALF (1/2) OF THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 24,
TOWNSHIP 42 SOUTH , RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS
THE SOUTH 2,375 FEET, ALSO LESS THE NORTH 75 FEET; SAID TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT ON THE WEST LINE OF WEST ONE-QUARTER (1/4) OF THE
EAST ONE-HALF (1/2) OF THE EAST ONE-HALF (1/2) OF THE NORTHEAST ONE-
QUARTER (1/4) OF SECTION 24, TOWNSHIP 42 SOUTH , RANGE 42 EAST, SAID
POINT BEING SITUATED 75.00 FEET SOUTH OF THE NORTH LINE OF SAID WEST
ONE-QUARTER (1/4) OF THE EAST ONE-HALF (1/2) EAST ONE-HALF (1/2) OF THE
NORTHEAST ONE-QUARTER (1/4) OF SECTION 24 ; THENCE RUN EAST FOR A
DISTANCE OF 165.10 FEET TO A POINT; THENCE RUN SOUTH 0°02'00" EAST FOR
A DISTANCE OF 202.34 FEET TO A POINT; THENCE RUN SOUTH 89°52 '55" WEST
A DISTANCE OF 165.03 FEET TO A POINT ON THE WEST LINE OF SAID WEST
ONE-QUARTER (1/4) OF THE EAST ONE-HALF (1/2) OF THE EAST ONE-HALF (1/2)
OF THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 24; THENCE RUN NORTH
0°03'08" WEST ALONG SAID WEST LINE FOR A DISTANCE OF 202.68 FEET TO
THE POINT OF BEGINNING; SAID TRACT OF LAND LYING AND BEING SITUATED
IN PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT FROM SAID PARCEL 2 THE NORTH 25 FEET THEREOF AS
CONVEYED TO THE STATE OF FLORIDA BY THAT CERTAIN DEED RECORDED IN
OFFICIAL RECORDS BOOK 1198, PAGE 424, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
AND LESS AND EXCEPT FROM SAID PARCEL 2 THE EAST 15 FEET THEREOF AS
CONVEYED TO THE COUNTY OF PALM BEACH BY THAT CERTAIN QUIT CLAIM
DEED RECORDED IN OFFICIAL RECORDS BOOK 1970 , PAGE 1452, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA.
Resolution 10, 2013
EXHIBIT "B"
WAIVER TABLE
NORrHtAKE BOl/lEVARD --
GENERAL NOTES
REfUSE SERVICE !iiALl BE ACCOJI'IPL.ISHED BY WAY OF [HorvJOUAL Dt.MIST'ER.MD RECYC.INGM. SHOWN ON THE SITE PlAN.
lltAioP.i StW.1 BE PRtMDED AT AU JHTBtSECnONS wmt IW«)[('.Ap PMICING AND OfUYE ISLES IN ACIX)R[)\H(! WT1'H KJA AND lHE R.ORJM twtDlCAP
...:as<IOIUTY CCOE.
ALL SlGNAGE 5HAIJ. ctJNQUr4 TO THE REQUIREMENTS Of Tte an OF MLM 8eAOi GAROENS lDR'S OR WAMRS SHAll. BE SCIUGHT FROM CTY <DJHCIL.
TYPE 0 OR F RAISED CONCRE1't: OJIUIIHG StW..L BE USED Wmt~ PWmNG ISlANDS AND wmaN VDOOJI.AA USfNtfAS.
AU smfWALKS SKAU. BE A KIHtKIM OF S FEET IN W10TH PER nt! LDR'S
AU. 8Un.DING UGtmHG AT emtY AND OOOitS StWJ.ISE Of4 PHOTCICfU.,
lHf BULDIHG. lAN)SCAPf AND UQmHG DeSIGN SW.U. MAX! mE! TH! USE (WI CPT!D ClfS1iiN PIUHCP\.ES.
5' X 15' SAf£ SIGHT l1UMGLf SHALL BE PftOYIDEO AT ntE PROX<:T OO'RY D11.M.
THE PHOTOfiiE'l1U: PINt wtU. REFlECT IJGff11NG VAI.I.I£5 IN~ WITH THE ltfQtnREMEHT'S OF Tl1E CTY OF PALM BfA01 GAADENS LOR'S.
~~ lDTSTRIPINI.i. EXC8'T fOR PAitKING ~ StWJ. !If CONST1WCTEO USING1HBtMOP!.ASllC *Tn.IAL IH ACOORDANCf wmt lDR SECT10N
AU. PARKING AltO STREET UGHTS AND P£DfS1'IJAN UGHTS stW.I.IE MET.-.. HAilDE.
PROJECT JO SIGNS StWJ.IIE Jl.UJMlNATED Willi GROUND MOUHTlD I'IXT'UlfS Of4 PHOTOtEUS.
AU. HANDICAP ACXESSl&lf RAWS SHALL MEET AU. APPUCAIIlE. RfGIQfW.AHD STA.TI!ACCESSmlUTYGutDBJHESAWJREQJtAt*.N« MOOIFJCATtClNS
9W.L8E~ BY ntl! ffGMEfR~.
THf SITE SHALL CDMPLY WllH lDR 1i-l76. 1HSU! ~Be NO CJUTt)Q()flSfORAGE AIU!AS PEIOOTTtD ()H SM.
AU...MNDICAP ACX:ESSifllf IW95 SHALL MEET AU. APPUCAll.£ LOCAL REGIC»W.JNJ srATE ACD:SSBUTY GUtDEl..lNES AND REGUlATlOHS. ANY
JIK)OIFJCAnotfi5HAIJ.BlAPf'ROVEDIYEHGIHfER~.
~~~~~~~=cx"'=~~~AIM~~~MAT£JUALS . .tLSO,PAVERBRJOCSOf
DQSTING CONomoNS
found.&ft Plantlrc 78-228(1) (1) .~foocfQVndldon_ll~d..--.ddttl l-foot foundation plantfnc width
Uindsapelerm 711-ll> 2'Berm No Berm ................. 111-Uli UH~I•I 9 p1r1tln1 spacas In a row lOpad:lng~slnarow
Mlnirtam a..ndiCilpe Buffet 711-228(k)(l)l<) '111 buffer adjacent tor/w 1.so.feet 15-foot: buffer width
PROP05lDW/R.3, ZOl2
fntr.nCe .. b its 78-344(H) lCO.foot stM*ina distance length l.S-foot staddnt distance lesnth
MlnlmumSlteAru 78-1S3:Table12 CG1 1""' 0.87xres
Minimum PUD Developmertt Ske 711-154(1) (7) ""' 0.87 aaes
Minimum !Midscape Buffer 711-228(k)(1)(d) 8' buffer Mona all sides of pkf lot ).foot buffer
Nw'ftber of loMiftl Sptees -..tr.d J8.364:Table35 1 LoadinrZOne f0t l O,OOOSh No LoadincZDne
Streetslde S.tt.c:k 78-153:Table12 «<Side Strut Setback 24.9' Side Street Set~
SETBACK TABLE
IEtMtJC:
FRONT
REAR
--~~
SlREETSIDE
LEGAL DESCRIPTION
~
THE \Vm ¥it OF THE EAST ~ OF THE EAST ~OF THE NORTHEAST 1/4 OF SECI10N 24, TOWNSHIP 42 SO\JTH, RANGE 42 ~ ~ p~S ~"'iro ~Ll6~RTH 7S Fm', PALM BEAO< COUNTY, A.ORIDA, SAID TRACT OF LAND
~~~~~~W~E=~~~~~ lj6~~~rrUl~W1x>UWJ'lo~""6EFtgr~~ ~~r:;;e~oN mf ,lli'$ EAST 1/2 Qj! EAST 1/2 OF NORTHEAST 1/4 OF SECllON 24, THENCE RUN EAST FOR A DISTANCE OF 150.11 FEET
TH RUN S01JTH 0" 02' 00" EAST FOR A DISTANCE OF 202.34 FEET TO A POINT;
RUN SOIJTH 89" 52' SS" WEST A 150.03 FEET TO A POINT ON THE WEST UNE OF SAID WEST J/4 OF
~itl~~f,i;~~EGN lL4 4
UNE FOR A DISTANCE OF 202,58 FEET TO THE POINT OF
i'f~ ~ ~M~£VJif. NJ£1~/.~FEB[Fo~ g}gN~tf-~~~D.
LESS AND EXCEPT THE NORTH 25 FEET THEREOF FOR ROAD RIGHT-DF-WAY.
~
TH 75 FEET OF THE SOliTH 2375 FEET OF THE WEST Vc OF lHE EAST Va OF THE EAST Vt Of THE NORTHEAST Y• OF 2~~~~rN4J~·~2~·1m¥."p~CJio~Fff~~e8:,~ro~~~lf~~suc
OF PAlM BEAOI OOUNTY, R.ORJOA.
I'JKII'IJ5ED -73' 50'
129' 15'
Sl' 15'
24.9' 40'
PROJECT TEAM
OWNER I APPUCANT:
G & 0 REAL ESTATE HOLDINGS LLC
4114 NORTHLAKE BOULEVARD, SUITE 200
PALM BfACii GARDENS, A. 33410
PROJECT REPRESENTAnYE:
ANDERSON MOORE CONSTRUCTION
COfU'ORATlON
1568 WATER TOWER ROAD
lAXE PARK, A.ORIOA3:H03
561.7S3.7400
LANDSCAPE ARCHITECT/PLANNER:
COn.EUR ll HEAAING, INC.
1934 COMMERCE LANE. SUITE 1
JUPmR, A. 33458
561.747.6336
ARCHITECT;
OiRISTDPHER M. JONES
258 lAKE RUGBY DfUVE
HENDERSONVILLE, NC 28791
8 28.890.1191
!:NGINI!!:ER:
JEFF H. IRAVANI INC.
1934 COMMERCE lANE, SUITES
JUPmR, R. 334S8
56l.S7S.6030
TRAFFIC CONSULTANT!
JEFF H. IRAVANI INC.
1934 COMMERCE LANE. SUITES
JUPITER, A. 33458
561 .S7S.6030
SURVEYOR:
WALLACE SURVEYING CORP.
SSS3 VILlAGE BOULEVARD
WEST PALM BEAOI, FL 33407
S61.640.4SSI
(
-
2feet
lB<nn
1"""'
16.S feet
~IH1
O.UICI"es
O.Uacres
Sfeet
lloldinsZone
lS.lf<i!!et
PHASE I SITE DATA
1VIJ.LSMAR6\
....:0.1 ........
LAND USE ALLOCATlON
lll.I1.DIG LOT COiERAGE
VB«11AR USE AAa
SJOOWALK I. PLAZA
auetSPACE I. stFFERS
lOIAL
SURfACE COVER
""""'"'DSIMA
llJI<eG LOT OOVBIAGE
YB«LlAR USE AMA
SEEWALX.I. PtAZA
~LJiro'II!R\I'D.S
aunoiHG DATA
EXISTING llJI<eG
G.I7AC
0.611AC
O.l50AC
A< "'
OlliS 1."'
0.52 60.J'JI,
0.03 ~
O.M UA
0.17-
If AC IMo
3,382 o.oe '-"'
22.,144 o.sz 60.:W.
1,352 O.oJ U¥t
27,571 Odl 72.nb
10,311 O.M 27.21~
10,.311 D.l.4 Z7.2lctb
37,.111 D.17 IOO.oett.
" .......
9,611 lS'
PARKING DATA u:t I'RCW
Cll'flC:ePR.OffSSIDtW,Afrl)l!llSNfSS(I,I]OOSf) 32 52
twu:AF'(K1.1.llEl)ZN'T'OUI.J 2: 2
ltmlol 31 5l
LANDSCAPE POINTS
OPEN SPACE FOR WOiCAPE POINT'S
REQUJRS> LNC6CAPE POINTS
14 POINTS PER 100 SF
REDUCED PARKING STALLS
COOE (1S.5'X10')
RB:U:a> SPACES (1LS' X 9')
ACa1lOfW...CftHSPI\CEP.fQt.IR.EO
FOR RB:ll.aD I'ARI(IhG STAU.S
(10'W.Rmutfi)Sf•1.5)
ACa1lONAl. CftN SPACE P.EQliRfD FOR
PARJ<JN3STAUS I!E"ffN) llOfl'loREQUIRED
(10'W.PIUUCDIGmU.S O'IfR 1~Sf•1.S)
OPEN SPlt!C£(15'1111 R:Eq)
AIXJ'TJC:WI\L OPEN SJW:E R£QliRED
TOTAL OPEN SPACE REQliiRm
LEGEND
aiNC. """"""" EX fXISTII<G
Fft R.USHED WAUC
.. LAI<05<N£ ......
0/H CM!UtfAO
t0,3U SF
Sf SN.C!S TOI'AL
185.0 44 8.140
166.5 1.332
-:t" PJI:Of., .....
4400
222 SF
4,186 SF
10,tw1 10,311 SF
R AADIUS
RW IWSEOWAI.K
sw """'""' TY!'. TYPICAL
U.E. liTUlTY fASEMEHT'
LOCATION MAP
Phase I
Site Plan
~
N
Sca le: 111 = 20 '-011 North
~
Cotleur&
Hearing
l..andscape AnH8cts
Land Planners
EnvWonmental eons..ltanls
1934 Commerce Lane
SWte1
Jupiter, Floftda 33458
561.747.8336 · Fax747.1377
www.cotleulhearlng.com
Lie# LC.C000239
~ ro ;: "C ·c
cs 0 u: ...
Vl c::
(])
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l9
§ .c u ro
(]) ~ ca
E
ro ~ c..
DESIGf'ED'----..,.,!DE,!E!!_H ORAWN ____ ~~~~B~P
APPROVED DEH
JOB NUMBER 10.1212
MTE 09-a-12
REVISIONS 10-31·12
11·2H i
NO'f!Mibw 21. 2012 11:28:41 o.m.
Dro•t: 10-1212 SP.OWC
WAIVER TABLE
NORTHlAKE BOULEVARD --
GENERAL NOTES
REFUSE SERVICE SHALl. BE ACCOMPU5HED BY WAY OF rNDMDUAL DUo1PSTER MD RECYQJNG AS SHOWN ON THE SITE PIAN.
RAflll$ $tWJ. !E PIOIJDED AT AlL JN'11R$ECIJONS wmt twl)lCAp IWUQHG AND DRlVE IS.E5 IN NX'OIIIWICE WITH AM AND THE R..ClRIIM. HNiDICAP
.a:ESSIOIIJTY alOE.
AU. StGfWiE stW.L o::NQRM 10 11E REQUJRBtEHTS OF 11E ClY OF MLM ~ GMDENS LOR'S OR WANERS StW..L 8E SOUGHT FROM CTY COUNCil.
TtPE 0 OR F RAlSEO OJHCRETE OJIUIING stW.1. IE USED WITHIN PlANT1HG ISI.MDS AHD wrTHIN VEHICLUR. USE MBS.
AU. SIDEWALKS stW.1. BE A MJHMJM Of S F£ET EN WJDTH PSI. nE LDR'S
.W. BUllDIHG UGHTlfl:iAT EHJ1(Y NIO COORS stWJ. IE Oft FtiOTOCBl..
THE IIUD.DJNG, lAHDSCAPE AHD UQfTING ~ StW.l PWQMIZE THE USE OF CPTlO DESIGN PRINCPUS.
5' X 15' SAFE SIGHT l1UANGlE SHAlL BE PROYIDEO AT THE PROJECT ENTRY ORIYE.
THE PH01'0fi£TRlt PLAN WILL REFI.fCT UGHilNG VALUES JN ACCORDV«:E WITH THE REQUJRfMENTS OF n£ CTY OF MI.M BEAOt GAADeNS I.DA'S.
~~LOT snuPJNG. EXCEPT FOR PARKING SPACES. StW.l BE OONSTRUCTEO USING THERMOPlASTlC ""TSUALIN ACOORDAHCE WITH LOR SECTlON
ALL PARKlNG AND STREET UGHTS Atl:l PEDESTRIAN UGHTS SIW..l BE METAL HALIDE.
PROJECT ID SIGNS stW.l BE JLLLMINATED WJTH GROUND MOUNTa> FIXTURES ON PHOTOCBlS.
~HP.f~~~E~~~.APPUCABLE, REGIOHALAND STATEACXESS1BILIT'fGUIDEUNESANDREGULATlONS.AA'V MOOJFJlATIONS
THE SITE SHALL COMPLY WITH LDR78-376. THERE SHAU. BE NOOUTDOORSTOAAGEAAEASPERMmEDON SlTE.
~~~~=~~.lOCAl.,REGIONAlAWSTATEACti3SIBIUTYGJIDEI..JttESAmRfGI.AATIONS.M'f
~~~~~~:fa~f.I~~~~~""TERWS.AI.SO,PAVERBIUCKSOF
EXISTING CONDITIONS
Founcl.clon "-tina: .............. ._.. ...........
Minlnunl.andSQpe Buffer
PIK)P()Sfi)W/R.l,ZOU
Entrance & &its
Mnimum She Area
Mtninun PUD Dlvelopnent Size
Minimum t.ndsc:lpe Buffer
Number of loadlnc S.,.es Required
StrHtsldeS.tbadr.
~~ ::::''11•1 J~lou-pi..U .. -~-_)!lonrl .. wldth
11-221Wml~ ln•nM 10-"il'llls.-..ln•row
~l<l ·--.. --buffor-
J8.344(HJ 1.00-foot stldins di~ce length 15-foot staddnc disUince lecnth
78-l53:TableUCGl ,..,. 0.87~5
78-154(S)(7J ·-0.87.aes
78-228(kJ(IJ (dJ 8' buffer alon1 all sides of pkg lot 3-footbuffer
78-364:T~e3S ll.DM!ill( Zone for lO.COlSF+ No lmldint: Zone
78-153:Table12 «J'SkleStrtetSc!tbac:k 24.9' Side Street Setback
SETBACK TABLE
SE1BACit
FRONT
REAR
SIDE
STREfTSIDE
LEGAL DESCRIPTION
PARCEL 1
THE WEST ~OF THE EAST Wit THE EAST ~Of THE NORTHEAST ~4 Of SECTION 24, TOWNSHIP 42 SOliTH, RANGE 42 m~ pt.~~5DESCR1~~1i.W:RTH 75 FEET, P BEACH COUNTY, R.ORIDA, SAID TI<ACT Of W<D
BeGIN AT A POINT ON THE WEST UNE Of WEST 1/4 Of THE EAST 1/2 Of THE EAST 1/2 Of THE NORTHEAST 1/4 Of SECTION
24 TOWNSHIP 42 SOUTH RANGE 42 EAST, SAID POINT 8EING SITUATED 75.00 FEET SOUTH Of THE NORTH UNE Of SAID rrfl! ~i\ff. EAST 1/2 OF EAST 1/2 OF NORTHEAST 1/4 OF SECTION 24, THENCE RUN EAST FOR A DISTANCE OF 150.11 FEET
THENCE RU~ SOUTH ll" 02" 00" EAST FOR A DISTANCE OF 202.34 FEET TO A POINT;
SOVTH 89" 52' ss• WEST A DISTANCE OF 150.03 FEET TO A POINT ON THE WEST UNE OF SAID WEST V4 OF
ErtJ..#lJ~~~ J./J,{IJ 24
UNE FOR A DISTANCE Of 202.58 FEET TO THE POINT OF
~~~fl"~M~rl\-L:JifA t~r'~fCrrFE~mg~r!'f~'}J~D.
LESS AND EXCEPT THE NORTH 25 FEET THEREOF FOR ROAD RIGHT .OF-WAY.
PARCEL II
PROPOSED REQUIRB)
73' 50'
102' 15'
51' 15'
24.9' 40'
PROJECT TEAM
OWNER I APPUCANT:
G & D REAL ESTATE HOlDINGS U.C
4114 NORTHLAKE BOULEVARD, SUITE 200
PALM BEAOi GARDENS. R. 33410
PROJECT REPRESENTAnYE:
ANDERSON MOORE CONSTRUCTION
COfU'ORATION
1568 WATER TOWER ROAD
lAKE PARK, FLORIDA 33403
561.753.7'100
lANDSCAPE ARCHITECT/PlANNER:
COTlEUR & HEARING, INC.
1934 COMMERCE LANE, SUITE 1
JUPITER, FL 33458
561.747.6336
ARCHITECT:
OiRISTOPHER M. JONES
258 LAKE RUGBY ORNE
HENDERSONVILJ.E, NC 2B791
828.890.1191
ENGINEER:
JEFF H. IRAVANI INC.
1934 COMMERCE LANE, SUITE S
JUPmR, R. 3345B
561.575.6030
TRAFFIC CONSULTANT:
JEFF H. IRAVANI INC.
1934 COMMERCE LANE, SUITE 5
JUPmR, R. 334SB
561.575.6030
SURVEYOR:
WIUJ.ACE SURVEYING CORP.
5553 VIllAGE BOULEVARD
WEST PALM BEACH, FL 33407
S61.640.4SS1
-
>feet
2'Berm
]Sp.ilte
16.Sfeet
8Sfeeot
0.13~5
0.13~5
SfHt
llo;ldingZone
lS.lfeet
PHASE II SITE DATA
NAI'E<J'PROECT OO«<OAN> IXJER
~-TOWNS,.. 24,41.<2
IAN> USE CllMOBCIAI.
l<lNINi l'tQCGI
CMRIAY fllmUIIEID.UYARDCMNAYzaEWEST
lVrALSDIARM ..... ti.I7AC
""""'-' 215,635 OAUAK:
""""'-' 11,253 0.251AC
LAND USE ALLOCATION .. '"' ...
.....,.,.; lDT CXlVERA<E ~!56 0.12 13..,..
YEtEliAR USE A1IEA 21,165 o.so 57.,.
SIEWALK& PLAZA ~..., 0.1>3 3 ....
GREENSPACE It ll.FfERS 9,314 0.22 ...... ....... 37,111 0.07 lCIO.O'Ib
SURFACE COVER
IMPERVJ:li.SAIIIA SF AC ...
lll.!lL1N; lDT CXlVERA<E ~·,. 0.12 ,,..,..
Y&EUAR USE AReA 21,165 o.so 57-""
SIEWAL.Ka PlAZA ~..., 0.03 .....
....... MPIRVIDU5 -.... 7 ......
I'ERVIJUSAI!EA
I..ANl5CAPE 1!1..FFm Afl) GREENSPACE 9,384 0.22 "'"""' """LPBMDUS ..... D.22 24.77'llo
"""L •J7,AI 0.07 ........
BURDING DATA .. .....,
EXISUN;IlJIU:ING 9,611 ,.
l!llllliNGA<XrmN '·"" TOTAL 14,680
MRCALCU.ATD'\1 ....
PARKING DATA .... .....
0FFEE, l'ltOFESSI)fW.ANOI!l.ISJNESS(lllOOSF) ... ...
IWIXAP(JNCUilEDIN"IOW.J ' ' ........ •• ..
!IEJOi
TRASH Ra::EPTACLE
BIClCLE SPACES
lANDSCAPE POINlS
OPEN SPAO: FOR.I.AAtSCAPE POINTS 9,384 SF
REQlORfD IJOC6CAPE """""
14 POtNTS PER 100 SF 1,314
REDUCED PARKING STALLS
SF SPACI!I TOTAL
CCXE (18S X 10') 115.0 16 2,!160
RBX.CED SPACES (18.5' X 9') 166.5 16 !.!!!!
AaXI'lONAI.. OPEN SPACE REQUR8) 206 SF ......
OPEN SPACE (lS'IIt REQ) ~683
AIXl[1'J(JW. OPEN SPACE REQUIRED ....
TOTAL OPEN SPACE REQU]RED 6,127 9,384 SF
LEGEND
alftC. CONCRETE
EX flOSTING
FW R.JJSHEDWALK
L8 IAIID5(APfiiUfi'Bt
""' """"'"" R RADIUS
RW IWSEOWALK
SW SIDEWAlX ""· """"'-U.E. unUTY fASEMENT
LOCATION MAP
Phase II
Site Plan
0' 10' 2.~0'!!!!!!!!!!!!!!!~40' iu\Ji 60' eo·
Scale: 1" = 20 1-0" North
Cotleur&
Hearing
l.aldocapaAn:hilacts
Land Planners
Environmental ConstAtniir
1934 Commeros Lane
5ulle 1
Jupiter, Rodda 33458
561 .747.6336 ·Fax 747.1377
www.cotleu-ng.cam
Uctl LC-C000239
~ ro
§ "'C ·c
0 u: c:s ...
V) c:::
(J)
~ "'C
I... ro
(.!)
§ ...c::: u ro
(J) ~ tC
E
ro ~ 0...
:!:W'-~~-,MAKIN=~oe~BP~H
AI'I'RO\'ED DEH
.108 NU11SER 10.1212
Q\TF 04-29-11
REVISIONS 08-31·11
11.()4.11 11·111-11
11-22·11 1£14-11
05-16-12 06oQ6.12
()9.28.12 11141·12
11-21·12
Nowmbw 21, 2012 1:28:41 a.m.
Dronu,.: 1D-1212 SP,DWG
SHEET 2 OF 9
A S-BVILT lANDSCAPE PlAN
IEXJSTJNG LANDSCAPE TO REMAIN
I -... ._
• ID ..
2
56.5
5
159
33.5
2U
2.01
118
12.06
65
154
8.71
583.5
23
I
IL]
I
5.]
0.67
0.67
0.67
1
0.67
1
l
0.67
.,._ _,_.__ ----__.
so
"" '
118
18
65
154
"
!EXIS'IING 10 BE REMOVED -CAS
CD"
CAR
m:us ....
NOR ....
UKII ......
CASSIA CiiAUCA
COCOL.UliA OIVERSIFOLIA
CARROlWOOD
RCUSTlEE
HA~PATENS
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SWIETB<IA MAHOGANY
UNKNOWN TRfE
--PIGB>N PU.04
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..
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U:• ROYSTOfrEA BATA
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3 BG BOU~tNVlU.fA
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111 Cl* CHRYSOBALANIJS ICACO 'RED TIP'
18 EU BJPtiOR!IA ML11 'RDSY'(P1NIQ
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65 PM PODOCARPUS M\ICD
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JOIAL !!!pl!!!!l lA!D!CAJ!!!! POINI'S
RV ltOYSTONEA BATA
CNN COCUS NI.ICIFeRA 'MA YPAN'
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SHRUIS
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PYGMY' DATE PALM
F\..OfUI::». ROYALPAl..M
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SABAL PA!Jo£T!O
SEASONAL ANNUALS
FOXTAn.FERN
1!0\JGAINVIII.EA
1110141lJAD
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I
PROPOSED lANDSCAPE PlAN -= --.... --lilT
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•OATRIU RJU.CAJKIP'I'.~C.T ....
llG.W.,l1'C.T. .... RIU.,S'T'IAIQfTT'li.NC,MTOtED
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-1 -~-------\ ----fll _______ ~~~~~~~ ~~~~~----
--
=. == ~=====================-==
PBG PREFERE D SPECIES ........... Qrf 'lorALQrf
TREES& PAl.MS("I!I75'MIPf&EIIS)~ 35 37
SHRUBS~ 7ft. PR&IRIDREQtRD) 595 631
LANDSCAPE POINTS
OPEN SPACE FOR LANDSCA PE POINTS 10,311 Sf
REQUIRED LANDSCAPE POINTS
14 POINTS PER 100 Sf 1,444
Rlq ...,.
FOUNDATION PLANTING 7 4
TREES SHRUBS
%NATIVE(*) 71'1b 67'1b
% DROUGHT TOLERANT ( ") 70'Ib 46'1b
Phase I
Candscape Plan
ru·· •40
-' • iiiiiiiiil60'., --i ~
Scale: 1" = 20 '-0" North
Cotleur&
Hearing
l..andsc:ape-
l..and Planners
Environmental Consulanls
1934 Commerce Lane
Sulte1
Jupiter, Florida 33458
581.747.6336 ·Fax 747.1 3n
www.cotlellrllearlng.com
Lie# LC-C000239
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DESIGNED DEH
DRAWN MAKINBP
APPROVED DEH
JOB NUMBER 10.1212
DATE 09-28-1 2
~~-----~:o-3~1~~:~~~~
Hovtmbw 21, 2012 3:47:31 p.m.
Drning: U:H212 LP.OWC
AS-BUILT lANDSCAPE PlAN
iEXJSTING LANDSCAI'E TO RfMADI .,.._ .... -----_.,..
5
10 .. 23
2 I
56.5 1U
5 I
15.9 5.3
33.5 M7 50
26.8 0.67 ..
Z.01 0~7 3
Ill I 110
12.116 0.67 10
IS I OS
154 I 154
8.71 0.67 13
583,5
IEXIS11NG TO BE ltEMOYED -... CASSJAGlAutA c.,. COCOL.UBA DIVERSIRXJA
CAR CA""""""'O
I'ICUS ACU511<EE ... HIU'El.JA PATENS
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out RHAPISEXCELSA ... SAML PALMETTO ....... .... ANNUALS .. ASPARAGUS OENSIR.ORUS M'fERS'
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PM POOOCARfiUSM\KJI
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CRAPE MYRTlE -OFF SITE
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SEASONAL ANNUALS
RlXTAn.FBN
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I
PROPOSED lANDSCAPE PlAN -..
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PBG PREFERED SPECIES _.,.,. ......... ..
TREES a PALMSp.-,.II:EfBB)REQt...:DJ 39 41 ..,.
SHRUBS (IDI,_MiflltmiBPtfDt 31111 451 86 ..
lANDSCAPE POINTS
OPEN SPACE FOR LANDSCAPE POINTS 9,384 SF
REQUIRED I.AND5CAPE POINTS
14 POINTS PER 100 SF 1,314 .., -FOUNDATION PlANTING II •
TREES SNtUSS
'llo IIAllYE (*) .,. ....
'llo DROUGHT TOLERANT (A) .... ,.
Phase II
Landscape Plan
ru·· !!!!!!!!!!!!!·'10'·' --i ao· ~
Scale: 111 = 20'-0 11 North
~
Cotleur&
Hearing
~~
Land Planners
Environmental Consullanls
1934 Comln8IC8l.ane
Sulle 1
Jupllar, Florida 33458
581.747.8338 ·Fax 747.1377
-.collautheallng.com
Ucll Lc-cooo239
~ l'tJ
§ "'C ·c
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SHEET 5 OF 9
TOTAl SITE AREA
:··-··-··-··-··---,
L-·-··-··-··-··--·.J
PERVIOVS AREA
I
I
I
I
I
OPEN SPACE
IMPERVIOVS AREA
L-·-··-··-··--:-··-··J
SOOAREA
r·---------~~
I I
I
L-·-··-··-··-··--·.J
AREA CAlCVlArtONS
AREA CALCULATIONS
CATEGORY TOTAL SITE PERVIOUS IMPERVIOUS PEN SPACE SOD
PROPERTY BOUNDARY 37,888.00
BUILDING
SIDEWALK, PLAZA
VEHICULAR USE A REA & O.H.
INTERIOR GREEN SPACE AND BUFFERS
SOD AREA
(MAX. 40% OF" OPEN SPACE L..ONDSC.APE")
TOTAL 37,888.00
tN\XIt.tJMALLOWJII!LESOD (40%0F"OPEN SPPCE LN4DSCAPE") 4,124.25 SF
.ACTUAL SOD 2,546.86 SF
(1 ,577.40) SF
3,382.08
1,352.59
22,843.60
10,310.64 10,310.64
2,540,86
10,310,64 27,578.27 10,310.64 2,540.86
Phase I
Site Plan·
Area Calculation
0' 15' 30' 60' 90'
iu\J""'-·' iiiiiiiiiiiiiiiiiiili ~~
Scale: 1" = 301 North
Cotleur&
Hearing
landscapa-
'--Planners
Envtonmenlal c:ons...anJs
1934 Comman:e Lane
Sull81
Jupiter, Rodda 33458
561.747.8338 ·Fax 747.1377
www.cotleu~.corn
Lie# LC-C000239
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DESIGNED DEH
DRAWN MAK
APPROVED DEH
J08 NUMBER 1D-1212
OA!F 04-29-11
REVISIONS OW1·11
10:18:11 11-1.11
11-22-11 12-1+11
09-28-12 1D-31-12
11..:!1-12
Nov.nt~w 21, 2012 3: ee: 34 p.m.
Drawhg: 10-1212 AC.DWG
SHEET 8 OF 9
-------------------------------------------------~ ---------------------· ---
TOTAl SITE AREA
r··-··-··-··-··---,
L-·-··-··-··-··-··..J
PERVIOUS AREA
vzzzzzzazazz;zazn
~
I
OPEN SPACE
vzzzzzzzzzzz azzzzzn
IMPERVIOUS AREA
~
I
L-·-··-··-··-··-··j
SOOAREA
r ··---------w~
I I
AREA CAlCUlA rtONS
AREA CALCULATIONS
CATEGORY TOTAL SITE PERVIOUS IMPERVIOUS PEN SPACE SOD
PROPERTY BOUNDARY 37,888.00
BUILDING
S IDEWALK, PLAZA
VEHICULAR USE AREA & O.H.
INTERIOR GREEN SPACE AND BUFFERS
ADDiliONAL OPEN SPACE
(FOR REDUCED PAAKING SPACE SIZE)
SOD AREA
(M6X. 40% OF~ OPEN SPPCE L.PNDSC.APE~)
TOTAL 37,888.00
MIIXIMUMI't.LOW!'BLE SOD (40% OF " OPEN SPPCE LANDSCAPE1 3,753.78 SF
PCTUI't. SOD 2 ,318.25 SF
(1,435.53) SF
5,155.79
1,481.99
21,865.39
9,384.46 9,384.46
2,318.25
9,384.46 28,503.17 9,384.46 2,318.25
Phase II
Site Plan
Area Calculation
T~ 0' 15' 30~' !!!!!!!!!!!!.60' iu\Ji 90'
Scale: 1" = 30' North
~
Cotleur&
Hearing
~~
Land.l'lanner8
Envtonmenlal Consullanls
1934 Comll18fC8 Lane
Sult81
Jupiter, Floltda 33458
561.747.8336 ·Fax 747.13n
www.cotleurhaarlng.com
Lie# LC-C000239
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DESIGNE~~==~1oe~H DRAWN MAK
APPROVED DEH
~~NUMBER ---,04-29-/!'10.:;,:12['-li~~
REVISIONS 08-3 1·11
10.18-11 11·18-11
11..2l!-11 12-14-11
09:28-12 1p .. :J1-12
11·21·12
Nav.nbw 21, 2012 3:~34 p.m.
Drawhg: 1o-1212 AC.DWC
LANOSCAPE NOTES
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T1l&5 AT 8fT1IMC! WAYS AND wmtlN SlGKT TIUNA1!S StW.L .:! TUIHI!O IN Sl.Di A FA9iiOJf TO MNJIIZ! SI1E
Wliii.IIYCDII'UCfS.QEM YIDILITY !WILL IE MAIHTAND llfl"W!BBlO I«HSIMJ 7 fEET,
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~~SVSTIH SIWLIEDI!SIQEDTOPRD¥1)1! IOOIAa-a.N' CXM!IINZ1VAU.NMIJIPitlf'EifG
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ne lAND5CAI'e' OJNl1tiCTOR. 5fi.IU. ee llfSPONSBf ~.-u. PERMnS FORHI!iltB YI'IJIIJ::.
~~~~~~~~GfOOTlMEIIWNT&WCEWEMENT,
~~~~~ro,.~iUL.~W.:~tf~~
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OF V.. 1.8. PI!R.lNCJt Oflalll( UNI.!SSO'M!R.WISESPICFJB).
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PliH1'S SHoiU.IEWATI!ItED AS NEICESISM.YOR WntiN :M HOUIISIFDI. N01WI01mCN IV THE IAIIlSCAPE...,..,.,.
=~lO~~~";m,~,llx.~
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~~~~~~AU
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A-2
TO:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Vice Mayor and Councilmembers
FROM: Ronald M. Ferris, City Manager~
2013 Florida legislative Session Priorities SUBJECT:
DATE: 12/21/2012
The 2013 Florida Legislative Session is fast approaching, convening for regular session
on March 5, 2013. As such, staff has been diligently working with the City's lobbying
firm, Baliard Partners, to prepare potential legislative priorities for Council review and
discussion at the January 10, 2013, Council meeting. A summary of the 2013 items is
provided below, followed by a more detailed analysis in the attached document.
Additionally, Mr. Mat Forrest of Ballard Partners will be in attendance at the Council
meeting to answer questions and provide further clarification and/or background
information on the issues presented.
Please do not hesitate to contact my office at 799.4112 with any questions or concerns.
City of Palm Beach Gardens 2013 legislative Priorities
I. City-Initiated Annexation Amendment: Continue to seek sponsor(s) for proposed
amendment, which increases the minimum acreage for enclave annexation;
continue to look for compatible legislation to insert amendment.
II. Public Safety Pension Plans and the Florida Retirement System (FRS}: Support
legislation that would ease 175/185 Pension Plan requirements for entry into
FRS and lower funding liabilities.
Ill. Appropriation Request: Seek State funding to raise the elevation of PGA
Boulevard between the C-18 Canal and Beeline Highway in order to eliminate
the current flooding issues associated with this emergency and evacuation
route.
IV. Protect Local Business Tax Receipts: Oppose any and all efforts by the
Legislature to repeal, restrict, or place moratoriums on FS Chapter 205, which
established the Local Business Tax Act.
V. Effective Public Notice/Electronic Advertising: Encourage and support legislation
that seeks to amend the current statutory requirement whereby a
governmental entity must publish public notice and advertisements via print
newspapers. Additionally, allow for the imposition of penalties and/or fines
to news publications when errors resu!t in non-compliance.
VI. Additional Priorities:
A. Support and encourage the funding of the Florida Recreation
Development Assistance Program (FRDAP) -FRDAP is a competitive
matching grant program which provides grants for the acquisition or
development of land for public outdoor recreation use or to construct or
renovate recreational trails.
B. Florida Police Chiefs Association's 2013 Legislative Agenda Items (please
see attachment for complete list).
Attachment: 2013 Legislative Session Priorities
memo-2013 Legislative Session Priorities Cover memo
Page 2 of2
CITY OF PALM BEACH GARDENS
2013 LEGISLATIVE SESSION PRIORITIES
I. City-Initiated Annexation Amendment: Continue to seek sponsor(s) for proposed
amendment, which increases the minimum acreage for enclave annexation;
continue to look for compatible legislation to insert amendment.
• Proposed during the 2012 Legislative Session, City's main "offensive" issue.
• Amends FS 171.046 Annexation of enclaves, to streamline the current
annexation process by providing municipalities another method by which to
annex an enclave, by ordinance.
• Statute currently allows expedited annexation of enclaves 10 acres or less.
Proposed amendment would expand the minimum acreage of this
development tool.
II. Public Safety Pension Plans and the Florida Retirement System (FRS): Support
legislation that would ease 17S/185 Pension Plan requirements for entry into FRS.
• The City currently receives 175/185 funds from the State to help offset
pension expenditures. The City's actual cost far exceeds the State subsidy,
thus creating unfunded liabilities over time.
• One possible option to reduce this liability is to freeze the current 175/185
plans and offer employees the ability to voluntarily convert to FRS. All new
hires would be required to join FRS. Please note that all general and SEIU
employees are enrolled in FRS.
• By joining FRS, the City and employees would likely realize significant savings.
An actuarial study was recently commissioned to determine the actual dollar
amount, and the results will be made available upon receipt.
• Florida Division of Retirement has stated municipalities would be ineligible to
receive 175/185 State funds if it were to offer two (2) concurrent State
pension plans (i.e., FRS and the 175/185 Plans).
• The City would support efforts to ease these requirements and allow the
conversion of public safety into the FRS.
1
Ill. Appropriation Request: Seek State funding to raise the elevation of PGA
Boulevard between the C-18 Canal and the Beeline Highway in order to eliminate
the current flooding issues associated with this emergency and evacuation route.
• PGA Boulevard, between South Florida Water Management District's
(SFWMD) C-18 Canal and Beeline Highway, dissects a natural wetland that
stores water released in the dry season for the Loxahatchee Slough.
• As a result, in the wet season, water levels easily rise from both sides of the
roadway during storm events, which disrupts travel lanes and has the
potential to render the roadway impassable for motorists.
• As SFWMD continues to raise water elevations for the wetland per
operational plans, more frequent flooding has and will occur.
• PGA Boulevard is a main east/west thoroughfare for thousands of motorists
on a daily basis, as well as a primary emergency evacuation route for a large
portion cf northern Palm Beach County.
• Further, this situation has catastrophic, life-threatening consequences if
emergency response/public safety vehicles are delayed as a result of
roadway flooding.
• The recommendation of the City Engineer, which is also supported by the
Florida Department of Transportation (FDOT) District Secretary James Wolfe,
is that the road should be raised approximately 18 inches along the two (2)
mile stretch most prone to flooding from the rising water levels.
• The estimated project cost is $1,750,000.00, which includes engineering,
permitting, new base, asphalt per FDOT standards, reestablishment of the
roadway embankments, mobilization, National Pollutant Discharge
Elimination System (NPDES), etc.
IV. Protect Local Business Tax Receipts: Oppose any and all efforts by the Legislature
to repeal, restrict, or place moratoriums on FS Chapter 205, which established the
Local Business Tax Act.
• During the 2012 Legislative Session, a Senate bill and its House companion
(SB 760/HB 4025) was filed seeking to repeal FS Chapter 205.
• The Business Tax Receipt (BTR) is of paramount importance to City
operations and to the residents, businesses, or other agencies it serves.
• The most obvious consequence of its repeal would be the loss of revenue to
the City. In FY 2011-2012, the City collected $1,370,720.36 in BTR revenue.
2
• Information obtained via the BTR process is essential for City operations.
Examples include:
» Code Enforcement-uses BTR documents in code cases and Special
Magistrate Hearings; used to monitor nonconforming waivers.
» Police Department -BTR system tracks and can quickly access all
business locations that attract children (i.e., movie theatres, day care
centers, schools); provides information regarding high-risk businesses
to Police Department (banks, convenience stores, etc.).
» Fire Department -BTR ensures businesses are in compliance with fire
code, as it keeps record of the required annual fire inspection fees.
)-North Municipal Regional Communications Center (North County
Police Dispatch Center) -used by Police Dispatch to route emergency
calls to police officers. Since annual BTR renewal is required, the
most up-to-date address information is obtained for commercial and
residential businesses within the City, ensuring time is not wasted
responding to an incorrect address.
» Outside Law Enforcement Agencies (Palm Beach County Sheriff, ATF,
Medical Quality Assurance} -provides information regarding
businesses or individuals who may be operating illegally or have prior
criminal history.
» Building Division -verifies construction projects have the proper
permits; ensures building code compliance for all existing restaurants
through BTR approval process; tracks liquor licenses and group
homes; ensures compliance with State-mandated distance
requirements.
> Planning and Zoning -tracking mechanism for medical offices that
prescribe medication (pill mills); used for zoning and development
order compliance.
e These services would no longer be available if current BTR revenues were
not received to pay for the employees responsible for the management
of this vital service.
3
V. Effective Public Notice/Electronic Advertising: Encourage and support legislation
that seeks to amend the current statutory requirement whereby a governmental
entity must publish public notice and advertisements via print newspapers.
Additionally, allow for the imposition of penalties and/or fines to news
publications when errors result in non-compliance.
• Print newspaper advertisements are very costly. From 2004 to present, the
City has expended $253,529.44 in order to meet State requirements.
• Current statute has the potential to create non-conforming liabilities for the
City, as accurate placement, timing, and verbiage now rests entirely with the
news publication. It should be noted that the City has encountered timing
and accuracy issues with its required print news publication, The Palm Beach
Post.
• Granting governmental entities the option to publish its public notices and
advertisements via electronic media (website} or other means gives
municipalities control and responsibility over its own advertising, which
results in the dissemination of more accurate information and a better
informed public.
VI. Additional Priorities:
A. Support Florida Recreation Development Assistance Program (FRDAP}-
encourage the Legislature to fund this critically important program.
• FRDAP is a competitive matching grant program which provides grants
for the acquisition or development of land for public outdoor recreation
use or to construct or renovate recreational trails.
• FRDAP grants were used in the development and/or renovation of the
following City recreation projects:
);> Lilac Park Phase Ill-$135,611
)o>. PGA Park Phase Ill-$135,611
~ City Park Phase I-$200,000
> City Park Phase li -$200,000
);> Lilac Park-$200,000
>-Sandhill Crane Access Park-$200,000
4
B. Florida Police Chiefs Association Priorities:
1. Internet Cafes -Support amendment to clarify and provide consistency as it
relates to online gambling laws.
2. Distracted Driving -Support revisions to FS 316.1925 (careless driving) to
define, prohibit, or restrict the use of wireless communication devices that
distract drivers while operating a motor vehicle.
3. Truth-in Sentencing -Support current "Truth-in-Sentencing" Law that
requires convicted criminals to serve 85% of their court-imposed sentence.
4. Innocence Project-Oppose efforts by Innocence Project to micromanage or
mandate policing policies through the legislative process or waste additional
taxpayer dollars on issues that have been already addressed by the Florida
Innocence Commission. Note: Project Innocence is a private organization
that claims itself to be a "national litigation and public policy organization
dedicated to exonerating wrongfully convicted individuals through DNA
testing and reforming the criminal justice system to prevent further
injustice". The Florida Innocence Commission was established in 2010 to
provide a mechanism to recommend to ~he Supreme Court of Florida
solutions to eliminate or significantly reduce the causes for wrongful or
erroneous convictions. These solutions may include, but not be limited to,
suggested rule proposals or amendments, statutory changes, or other
procedural changes directly related to the wrongful conviction of the
innocent. The Commission brings together prosecutors, defense attorneys,
judges, law enforcement, legislative representatives, and victim advocates to
work together as a collegial body to identify the common causes of wrongful
convictions, and to recommend procedures to decrease the possibility of
these convictions in the future.
5. Open Carry -Oppose legislation that would jeopardize officer safety by
authorizing the open carry of firearms.
6. Bath Salts/Synthetic Drugs -Support legislation that eliminates loopholes in
the law regarding synthetic drugs to ultimately ban these substances.
7. Employee/Employer Relations -Oppose any legislative attempt to further
restrict the local conduct of employee/employer relations issues, including
any expansion of or mandating of collection bargaining by local governments.
8. Maintain current funding levels of Florida Department of Law Enforcement
Services, Training Center Trust Fund Dollars, and the Court System.
5
~rd..~ 1.' (J1J
W-L.l ~ 'i : d-.'1
CITY OF PALM BEACH GARDENS
COUNCU.. AGENDA
January 10, 2013
7:00P.M.
Mayor
Vice Mayor Premuroso
Council Member Tinsley
Council Member Russo
Council Member Jablin
./I. PLEDGE OF ALLEGIANCE
,..,II. ROLL CALL
"' ID. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS I PRESENTATIONS:
a. KIM DELANEY, PH. D., STRATEGIC DEVELOPMENT COORDINATOR,
TREASURE COAST REGIONAL PLANNING COUNCIL REGARDING TRI-RAIL
UPDATE.
/ V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITIEE REPORTS:
/VI. CITY MANAGER REPORT:
I VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Oerk prior to this Item)
vm. CONSENT AGENDA:
a.
b.
APPROVE MINUTES FROM DECEMBER 6, 2012 CITY COUNCIL MEETING .
RESOLUTION 1, 2013 -APPOINT THE SUPERVISOR OF ELECTIONS AS
ADDITIONAL MEMBER OF THE CANVASSING BOARD. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN
ADDITIONAL MEMBER OF THE CITY OF PALM BEACH GARDENS
CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS,
OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS; TO CANVASS THE
MUNICIPAL ELECTION, ALONG WITH THE CITY"S CANVASSING BOARD;
AND TO CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL
ELECTION MACHINERY; AUTHORIZING THE CITY CLERK TO DO ALL
THINGS NECESSARY TO CONDUCT THE MUNIC IPAL ELECT ION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. RESOLUTION 3, 2013 -TEMPORARY CONSTRUCTION EASEMENT. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AUTHORIZING THE VICE MAYOR TO EXECUTE TWO
(2) TEMPORARY CONSTRUCTiON EASEMENTS WrifCH GRANT LIMITED
EASEMENTS OVER CITY-OWNED PROPERTY TO PALM BEACH COUNTY IN
ORDER TO FACILITATE THE WIDENING OF MILITARY TRAIL NECESSARY
TO ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT-TURN LANE
ONTO BURNS ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
d . RESOLUTION 5, 2013-INTERLOCAL AGREEMENT FOR 4 CPR ASSIST f DEVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM --~---BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT
VtJ , WITH THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS
p,U.1T1~s-~ TO RECEIVE FOUR (4) CPR COMPRESSION DEVICES THROUGH A
~n~ COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARD FROM
THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY
MEDICAL SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
e .
f .
IX.
a.
RESOLUTION 6, 2013 -MEMORANDUM OF UNDERSTANDING FOR
PARTICIPATION IN FEMA TASK FORCE FL-2. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING
THE MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF
MIAMI, FLORIDA AND THE CITY OF PALM BEACH GARDENS, FLORIDA
THROUGH THE CITY OF MIAMI 'S FIRE RESCUE DEPARTMENT, AS THE
SPONSORING AGENCY OF FLORIDA TASK FORCE 2 OF THE NATIONAL
URBAN SEARCH AND RESCUE (USAR) RESPONSE SYSTEM AND THE CITY
OF PALM BEACH GARDENS' FIRE RESCUE DEPARTMENT AS A
PARTICIPATING AGENCY OF THE TASK FORCE; AUTHORIZING THE VICE
MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
PROCLAMATION -ARBOR DAY.
~ ' ~:<*Designates Quasi-Judicial Hearing)
ORDINANCE 1, 2013-(1ST READING) BUDGET AMENDMENT FOR FISCAL
YEAR 2013. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH
GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2012, AND ENDING SEPTEMBER 30, 2013, INCLUSIVE; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
b.
d .
~,.o
ORDINANCE 3, 2013 -(1 51 READING) AMENDING THE C ITY'S CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE
ENFORCEMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS. FLORIDA AMENDING THE CITY'S CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION . ARTICLE lvC'-t1cODE
ENFORCEMENT. DIVISION 3. CODE ENFORCEMENT PROCEDURES. BY
REPEALING SUB-SECTION 2-236 (b) AND READOPTING SAME, AS
REVISED, IN CONFORMANCE WITH RECENT AMENDMENTS TO SECTION
162.12, FLORIDA STATUTES; FURTHER AMENDING DIVISION 3. CODE
ENFORCEMENT PROCEDURES. BY REPEALING SUB-SECTIONS (a) AND
(e) OF SECTION 2-241. SERVICE OF NOTICES. AND READOPTING SUB-
SECTION 2-241{a) W\TH REVISED NOTICE PROVISIONS IN
CONFORMANCE WITH RECENT AMENDMENTS TO SECTION 162.12,
FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 2. ADMINISTRATION. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVlOUSL Y ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
RESOLUTION 2, 2013 -AMENDMENT TO THE LA FITNESS PLAZA MASTER
SIGNAGE PROGRAM. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT
TO THE LA FITNESS PLAZA PLANNED UNIT DEVELOPMENT (PUD)
RELATED TO SIGNAGE FOR TUNIE'S NATURAL GROCERY STORE, AS
MORE PARTJCULARL Y DESCRIBED HEREIN; PROVIDING WAIVERS;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
*RESOLUTION 8, 2013 -AMENDMENT TO THE OLD PALM PLANNED
COMMUNITY DEVELOPMENT (PCD). A RESOLUTION OF THE CITY
COUNCIL OF THE C\TY OF PAlM BEACH GARDENS, FLORIDA APPROVING
AN AMENDMENT TO THE OLD PALM PLANNED COMMUNITY
DEVELOPMENT (PCD) TO MODIFY THE SETBACKS FOR PARCELS A, B,
AND E, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING A WAIVER; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
*RESOLUTION 10, 2013 -GORDON AND DONER PLANNED UNIT
DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT
TO THE GOROON AND OONER PLANNED UNIT DEVELOPMENT (PUD) TO
APPROVE A PHASING PLAN, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
X. RESOLUTIONS:
XL ITEMS FOR COUNCIL ACfiONIDISCUSSION:
a . LEGISLATIVE UPDATE
XII. CITY ATTORNEY REPORT:
XDI. 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 Offtce at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired assi~ please call the Florida Rekzy 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
January 10, 2013
7:00P.M.
Mayor
Vice Mayor Premuroso
Council Member Tinsley
Council Member Russo
Council Member Jablin
I. /PLEDGE OF ALLEGIANCE
II. ,.........ROLLCALL
q .... O III. /ADDITIONS, DELETIONS, MODIFICATIONS:
IV ./ANNOUNCEMENTS I PRESENTATIONS:
a. KIM DELANEY , PH. D., STRATEGIC DEVELOPMENT COORDINATOR,
TREASURE COAST REGIONAL PLANNING COUNCIL REGARDING TRI-RAIL
UPDATE.
V. /iTEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. k iTY 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:
4,-() a. (Page 5) APPROVE MINUTES FROM DECEMBER 6, 2012 CITY COUNCIL
MEETING.
b. (Staff Report on Page 10, Resolution on Page 12) RESOLUTION 1, 2013 -
APPOINT THE SUPERVISOR OF ELECTIONS AS ADDITIONAL MEMBER OF
THE CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE
SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL
MEMBER OF THE CITY OF PALM BEACH GARDENS CANVASSING BOARD;
REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO
CANVASS ALL ABSENTEE BALLOTS; TO CANVASS THE MUNICIPAL
ELECTION, ALONG WITH THE CITY'S CANVASSING BOARD;. AND TO
CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION
MACHINERY; AUTHORIZING THE CITY CLERK TO DO ALL THINGS
NECESSARY TO CONDUCT THE MUNICIPAL ELECTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
j
c .
d.
e.
f.
(Staff Report on Page 15, Resolution on Page 17) RESOLUTION 3, 2013-
TEMPORARY CONSTRUCTION EASEMENT. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
AUTHORIZING THE VICE MAYOR TO EXECUTE TWO (2) TEMPORARY
CONSTRUCTION EASEMENTS WHICH GRANT LIMITED EASEMENTS OVER
CITY-OWNED PROPERTY TO PALM BEACH COUNTY IN ORDER TO
FACILITATE THE WIDENING OF MILITARY TRAIL NECESSARY TO
ACCOMMODATE AN ADDITIONAL SOUTHBOUND LEFT-TURN LANE ONTO
BURNS ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Staff Report on Page 27, Resolution on Page 29) RESOLUTION 5, 2013 -
INTERLOCAL AGREEMENT FOR 4 CPR ASSIST DEVICES. A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE PALM
BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO RECEIVE
FOUR (4) CPR COMPRESSION DEVICES THROUGH A COUNTY
EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARD FROM THE
FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL
SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Staff Report on Page 40, Resolution on Page 42) RESOLUTION 6, 2013 -
MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN FEMA TASK
FORCE FL-2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE MEMORANDUM OF
AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND THE
CITY OF PALM BEACH GARDENS, FLORIDA THROUGH THE CITY OF
MIAMI'S FIRE RESCUE DEPARTMENT, AS THE SPONSORING AGENCY OF
FLORIDA TASK FORCE 2 OF THE NATIONAL URBAN SEARCH AND
RESCUE (USAR) RESPONSE SYSTEM AND THE CITY OF PALM BEACH
GARDENS' FIRE RESCUE DEPARTMENT AS A PARTICIPATING AGENCY
OF THE TASK FORCE; AUTHORIZING THE VICE MAYOR TO EXECUTE SAID
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Page 1 06) PROCLAMATION -ARBOR DAY.
IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing)
a.
4 -0
(Staff Report on Page 107, Ordinance on Page 114) ORDINANCE 1, 2013-
(1 st READING) BUDGET AMENDMENT FOR FISCAL YEAR 2013. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS'
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND
ENDING SEPTEMBER 30, 2013, INCLUSIVE; PROVIDING A CONFLICTS
CLAUSE , A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
I •
b .
c.
d .
e.
--------------------------------
(Staff Report on Page 116, Ordinance on Page 119) ORDINANCE 3, 2013 -
(1st READING) AMENDING THE CITY'S CODE OF ORDINANCES AT
CHAPTER 2 . ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE CITY 'S CODE OF ORDINANCES AT
CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT.
DIVISION 3. CODE ENFORCEMENT PROCEDURES. BY REPEALING SUB-
SECTION 2-236 (b) AND READOPTING SAME , AS REVISED , IN
CONFORMANCE WITH RECENT AMENDMENTS TO SECTION 162.12,
FLORIDA STATUTES ; FURTHER AMENDING DIVISION 3. CODE
ENFORCEMENT PROCEDURES . BY REPEALING SUB-SECTIONS (a) AND
(e) OF SECTION 2-241 . SERVICE OF NOTICES . AND READOPTING SUB-
SECTION 2-241(a) WITH REVISED NOTICE PROVISIONS IN
CONFORMANCE WITH RECENT AMENDMENTS TO SECTION 162.12,
FLORIDA STATUTES ; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 2 . ADMINISTRATION . SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR
OTHER PURPOSES.
(Staff Report on Page 123, Resolution on Page 145) RESOLUTION 2 , 2013-
AMENDMENT TO THE LA FITNESS PLAZA MASTER SIGNAGE PROGRAM.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE LA FITNESS
PLAZA PLANNED UNIT DEVELOPMENT (PUD) RELATED TO SIGNAGE FOR
TUNIE'S NATURAL GROCERY STORE , AS MORE PARTICULARLY
DESCRIBED HEREIN ; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
APPROVA L; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
*(Staff Report on Page 152, Resolution on Page 176) RESOLUTION 8, 2013
-AMENDMENT TO THE OLD PALM PLANNED COMMUNITY DEVELOPMENT
(PCD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE OLD
PALM PLANNED COMMUNITY DEVELOPMENT (PCD) TO MODIFY THE
SETBACKS FOR PARCELS A, B, AND E, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING A WAIVER ; PROVIDING AN EFFECTIVE DATE ; AND FOR
OTHER PURPOSES.
*(Staff Report on Page 183, Resolution on Page 199) RESOLUTION 10, 2013
-GORDON AND DONER PLANNED UNIT DEVELOPMENT (PUD). A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE GORDON AND
DONER PLANNED UNIT DEVELOPMENT (PUD) TO APPROVE A PHASING
PLAN , AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
WAIVERS; PROVIDING CONDITIONS OF APPROVAL ; PROVIDING AN
EFFECTIVE DATE ; AND FOR OTHER PURPOSES
X. RESOLUTIONS:
r •
~-ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 220) LEGISLATIVE UPDATE
/:xn. 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.
Please Print
Name :
Address : //.6 I f'
COMMENTS FROM THE PUBLIC
Request to Address City Council
City: -~)Jb)IE---12-"'f----BIE---. ------------------
Subject:
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
Name :
Address :
-------~----------------------------
COMMENTS FROM THE PUBLIC
Request to Address City Council
~ IJ (pL(
I
~?II
City: -----+-1--=B c
Subject: rltl . I o ,
Members· of the public may address the City Council during the "Comments by the Public"
."pqrtion 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
COMMENTS FROM THE PUBLIC
Request to Address City-Council
Name: ~(};n,/ Qiudno/
Address: . f5=J1 '10 n. . T-err~Ge "''
City: Pt3 6 F---1.-Z.· ~----------------
Subject: G()dO(\ ~
,S<&o~± dr.
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public He·arings". 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.
Name:
City:
Subject:
COMMENTS FROM THE PUBLIC
Request to Address City· Council
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes .
.....___ ____________________ -
COMMENTS FROM THE PUBLIC
Request to Address City-~neil .
Please Print (~o Se-J fUJ/t"'f)
Name: Porblm Rc~eo-z,weiq ·
Address:· 4~l :BoN~A.I CI:re~Le. .
City: __ :RlJ~..._:.....f(\..a,___.:..;Bea~~c:b!.-....1----lG,oMl~·~--.:e-...i\£~-~l---FL--L__.__. o~&...._...'-/t.L....;K'=-----
Subjeci:~l~tr~ ~~~~/=~~el:f;J
.
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public He·arings". 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 : 85
------------
COMMENTS FROM THE PUBLIC
Request to Address City Council
City: f)~JrA. &L ·fH;..,dc""..5
Subject:
I
V. JOt ftc (?u/)c
.N
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:
COMMENTS FROM THE PUBLIC
Request to Address City· Council -~ ev< Jlrp
-lJ _. N•+.A
Address:· ~----'-"'<jtC.....::~:;.......J/'----/_._4--"----~ -f-l--~-'-'-· -----,-~t\-=-kr-~ 'fL_·: =--~__,__ _ ___,__ __
City: ,..---., ----t-~_z:yc-b'---~---'-------'------,:--....--
Subject: fvJ,f, L • t.
4 ., :b
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Heari.ngs". 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:
J--:
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting .
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Name :
Address: J{):J.-1 Jl&lf{ OAt:I {(/{ W
City: fBG .
Subject: ;AfSPec.w!l-~k6 fuAJb;AJG [flfu!SU( 1 ~
9Vl~r~
.
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.
CITY COUNCH.. MEETING 01/10/13
.\DDITJONS l DER PRESENTATIONS
NE\\-a. -tJ._1[L.q_ ~~~otJS,oJ ~{ 13~
,.;ev.; b . Senator Joseph Abruzzo, District #25 -
DELETIONS ·
MODIFIC.\ TIONS :
Senator Abruzzo will address the upcoming
legislative session.
lJ~DER CONSE . TT
Item d. Resolution 5, 2013-Interlocal
Agreement for 4 CPR Assist devices.
Further review required by County legal staff.
l NDER PRESE~TATJO!'iS :
Treasure Coast Planning Council will be re-
ordered as Item \l.C..
1J1ofi 3 ~·rr C!ovfJet'l... ..J.A-(.Ul~J. ~~ 1'w\.Tt> >ic.. ~ Blf va"(. ~or<. ftt."f.~urAJ.o(Jj)
Tonight we are holdinf! quasi-judicial hearinf!s on the following cases
• RESOLUTION 8, 2013 -AMENDMENT TO THE OLD PALM PLANNED COMMUNITY
DEVELOPMENT (PCD).
• RESOLUTION 10, 2013-GORDON AND DONER PLANNED UNIT DEVELOPMENT
(PUD).
This means that the City Council is required by law to base its decision on the evidence contained in the
record of this proceeding, which consists of the testimony at the hearing, the materials which are in the
official City file on this application and any documents presented during this hearing.
The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross-
examination may occur after the staff, the applicant and other participants have made their presentations
and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at
the hearing remain until the conclusion of the hea.ring in order to be able to respond to any questions.
If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the
City Clerk.
The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these
cases.
,
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 {fmericans 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 r00-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
-ro ee f1esc:nfec1 oJ :TanQify Ccvnd(
. (nee#hq
My name is Barbara Rosenzweig, 4871 Bonsai Circle, Apt. 209, Palm Beach Gardens, Florida
33418. I am here to ask the City Council to revise their decision of the December meeting and
to establish an Environmental and Beautification Committee immediately with Mark
Hendrickson as staff liaison. This is a citizen initiative and it is citizen initiatives that make local
government successful in the community.
I have driven up 95 and along the border between West Palm Beach and Palm Beach Gardens
there is a putrid smell. It might not be evident at all times but I have experienced it twice. This
indicates to me that a local i ndustry either in West Palm Beach, our neighbror, or in Palm Beach
Gardens is violating environmental standards. It does not really matter which community as
long as it is stopped .
I have driven around the area where Timber Trace School and the Tennis facility are and there
was a putrid smell there too.
These are serious environmental issues that the community has to face and with the help of the
Environmental and Beautification Committee these and others can be addressed.
I have circulated to the City Council copies of a handout created from the Tenants Bill of Rights.
We have many money investors coming into our community and purchasing units for rental and
appreciation purposes. Some are responsible but some do not want to invest into maintaining
the property at environmental standards. I have also circulated .a letter from the Florida
Department of Agriculture and Consumer Services in response to my letter (copies were
distributed to the City Council last month). In the letter. the Regulatory Specialist is appreciative
that I brought my issues to the attention of the department. I quote "often it is only through
correspondence from concerned and responsible citizens that we become aware of consumer
issues." The handout was created, if approved, to be printed by the city with the requirement
that be given to each renter.
I have driven around ungated lower income communities. On the outside they look fine but I
cannot imagine that all of the inside is kept in good environmental repair as I have experienced
the lack of concern for my health and welfare in the rental I am living in. It will be slow but as
people come forward and are met with support from the local government more people will
come forward. •
Palm Beach Gardens is a beautiful and wonderful city. If the environment is not kept in good
condition then all the work that the city council and government do will go down the drain,
people will leave.
-
I implore you not to wait until after the election. Why would you want to wait when you can
start right now to improve the community? C\W Qf Pi\MI:J.fGD/js
..
DEC 2}2012
P!MNING! ZONIN _
•
TENANTS
HAVE
RIGHTS
• Proper notification to vacate
• Safety rules for late rent
payments
• Safety rules for illegal fines
• Legal repair requirements
• Landlord responsibility for
building/health
• Security Deposit Refund Rights
Home Privacy rights
Send TENANT
COMPLAINTS to:
They will be addressed
in Orderl fashion.
.1-800-HELP-FLA ( 435-7352)
WJ:t!IBOO.helpfla.com
www .freshfromflorida .co m
-----------
DIVISION OF CONSUMER SERVICES
2005 APALACHEE PKWY
TALLAHASSEE Fl 32399-6500
FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES
COMMISSIONER ADAM H. PUTNAM
December 14, 2012 Refer To: 12U-51564/ SAF
BARBARA ROSENZWEIG
4871 BONSAI CIR APT 209
PALM BEACH GARDENS, FL 33418-6761
Re: TURTLE PROPERTIES LLC
---· Dear:..BARBARAROSENZWEIG . _. ---------~------------------· ----------------
The Division of Consl}lller Services, Bureau of Mediation and Enforcement, has received your complaint
concerning the above referenced business. Thank ou for filing your complaint with this office. Often it is only
through correspondence from concerned an responsib e cmzens ar we o consumer tssues.
I have mailed a copy of your complaint to the business and have asked rhe business to respond to the allegations.
I will review the response and contact you with a status update. Please be aware rhat this process may take
between 30 and 60 days.
If you have any additional documentation to support your allegations Ihai y ou did not include with your initial
mailing, I would appreciate you forwarding that information to my cu.-rention as soon as possible. Please include
the reference number displayed above on future correspondence and address any questions or concerns to my
attention. Examples include, but may not be limited to proof of payment to the business, receipts, estimates
(front and back), advertisements, copy of a contract (front and back), or any correspondence with the business
you think might assist in understanding your complaint.
•,
Sincerely,
S~Afm?~
Sheryl Ann Fountain
Regulatory Specialist I I I
850-410-3711
Fax:850-410-3801
E-mail: sheryl. fountain @freshfromflorida.com
CC.' BQ/Ji-
Mr. Mark Hendrickson
City Ranger
Palm Beach Gardens City Hall
Palm Beach Gardens, Florida
Dear Mark:
This is my second letter to you to encourage you to start up the Environmental
and Beautification Committee again. I live in a closed community where I am
seeing many code violations particularly in regard to garbage. I enclose pictures
of how lax the property manager is in enforcing code standards regarding garbage
pick-up. It appears to me that this community is getting ready to welcome new
tenants by the names of Mr. and Mrs. RAT and the children they will spawn.
Palm Beach Gardens is a beautiful and vibrant city as you well know. As it says on
its website, it is a great place to live. The Beautification Award is given out each
year to an outstanding residential community who maintains its property well.
The City has created a Community Action Support Team to help lower income
communities come in compliance with city codes.
The Legends is only temporary for me as I plan to buy property in the Gardens for
permanent living. It is the only closed community which I can report on
accurately but I believe as I mentioned in my first letter that Cielo is also in
violation as it has mold evident on outside of buildings. Cielo is adjacent to
Donald Ross Village where business takes place in the community. Mold is a
health hazard and spreads readily. I, also, mentioned that Monticetto is in ·
violation. My husband and I rented there for two years when it opened. We
moved out of Ballenlsles and were waiting for the opening of the Landmark at
Downtown at the Gardens. Towards the end of our stay which was seven years
ago immigrants were renting and large groups were occupying small apartments.
The electrical inspector from the City who came to inspect my office told me that
Monticetto had deteriorated terribly. The Legends, Cielo and Monticetto are
three large closed rental communities in Palm Beach Gardens that are in violation
of environmental and health standards.
How is Palm Beach Gardens going to maintain itself as a great place to live if it
allows code violations like this to continue. If the Environmental and
Beautification Committee was re-established, we could get into the closed
communities, observe and right recommendations so the City could correct these
violations.
The situation at the .Legends is deplorable and the Property Manager and the HOA
are doing nothing to correct it. The City has to start stepping in and it can do so if
it has direction from a strong committee led by you.
I remember the quality of the members of the Committee. Many were business
people in the city who had a vested interest in maintaining high quality lifestyle
that we have grown accustomed to in Palm Beach Gardens. It will take time to
reattract them but the economy is starting to improve and people will gravitate to
improve their situations.
The first three pictures that I have enclosed show the garbage situation in front of
my unit. The rest were taken as I left the community before the garbage pickup.
Barbara Rosenzweig
Cc; Bert Premuroso
Marcie Tinsley
Joseph Russo
Eric Jablin
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PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day war first observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water,
cut heating and cooling costs, moderate the temperature, clean the air, produce
oxygen and provide habitat for wildlifo; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other wood products; and
WHEREAS, trees in our City increare property values, enhance the economic vitality
of business areas, and beautify our Community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I Robert G. Premuroso, by virtue of the authority
vested in me as Vice Mayor of the City of Palm Beach Gardens, Florida, do
hereby proclaim January 18, 2013 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands; and fUrther, I urge all citizens to plant
trees to gladden the heart and promote the well-being of this and future generations.
Attest:
Patricia Snider, CMC, 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 ajjixed on this lith day of
January in the Year Two Thousand and
Thirteen.
Vice Mayor Robert G. Premuroso