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HomeMy WebLinkAboutAgenda Council Agenda 060211CITY OF PALM BEACH GARDENS COUNCIL AGENDA June 2, 2011 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF BENJAMIN SCHOOL LACROSSE IA STATE CHAMPIONS b. LEGISLATIVE UPDATE FROM REPRESENTATIVE ROONEY. C. PRESENTATION OF CITIZEN LIFE SAVING AWARD. d. PUBLIC SECTOR EXCELLENCE AWARD. 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 4), APPROVE MINUTES FROM MAY 5, 2011 CITY COUNCIL MEETING b. (Staff Report on Page 10, Resolution on Page 75) RESOLUTION 28, 2011 - NORTHLAKE BOULEVARD INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FOURTH AMENDMENT TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE PARK, PALM BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 83, Resolution on Page 85) RESOLUTION 29, 2011 - INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) THIRD -TERM PERMIT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 108, Resolution on Page 110) RESOLUTION 32, 2011 — DECLARING SURPLUS PROPERTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 114, Resolution on Page 125) RESOLUTION 34, 2011 - INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL YEARS 2012, 2013, AND 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 135, Resolution on Page 137) RESOLUTION 35, 2011 — SUPPORT OF A PETITION FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NECESSARY IN FLORIDA; REPEAL FEDERALLY PROMULGATED CRITERIA FOR FLORIDA; AND DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. IX. PUBLIC HEARINGS: (* Designates Quasi- Judicial Hearing) (Staff Report on Page 181, Ordinance on Page 194) ORDINANCE 10, 2011 — (2nd READING AND ADOPTION) AMEND THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REVISING SECTION 78- 228(b)(1) AND SECTION 78- 229(a)(2) IN ORDER TO EXTEND THE DEADLINE FOR SIGNAGE AND LANDSCAPING COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE TO MAY 31, 2014; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 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. b. (Staff Report on Page 198, Ordinance on Page 202) ORDINANCE 11, 2011 - (1st READING) AMEND THE CITY'S ELECTION CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY'S CODE OF ORDINANCES BY REPEALING CHAPTER 26. ELECTIONS. IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE PROCESS UTILIZED TO CONDUCT THE CITY'S MUNICIPAL ELECTIONS AND METHODS OF QUALIFYING; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. *(Staff Report on Page 221, Resolution on Page 252) RESOLUTION 31, 2011 - PGA CORPORATE CENTER (PARCEL 5A). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING RESOLUTION 166, 2005 TO MODIFY ONE (1) CONDITION OF APPROVAL FOR THE PGA CORPORATE CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), ALSO KNOWN AS "PARCEL 5A," GENERALLY BOUNDED BY INTERSTATE 95 RIGHT -OF -WAY AND MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE A1A TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONDITION OF APPROVAL, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 267, Resolution on Page 269) RESOLUTION 30, 2011 - INTERLOCAL AGREEMENT WITH JUNO BEACH. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF JUNO BEACH FOR FLEET MAINTENANCE SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800- 955 -8771 (TDD) or 800- 955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 MAY 5, 2011 5 6 The regular meeting was called to order at 7:01 p.m. by Mayor Lew. 7 L PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo, 10 Councilmember Eric Jablin. 11 ABSENT: Councilmember Marcie Tinsley. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 UNDER ITEMS FOR COUNCIL ACTION /DISCUSSION 14 b. Bluegill Trail Extension to Beeline Highway and Northlake Boulevard. 15 Councilmember Jablin made a motion in favor of the addition. 16 Vice Mayor Premuroso seconded. 17 Motion passed 4 -0. 18 V. ANNOUNCEMENTS AND PRESENTATIONS 19 Mayor Lew requested the Announcements and Presentations portion of the agenda be reordered 20 so that item a. be heard last. 21 Councilmember Jablin made a motion to reorder the Announcements and Presentations portion 22 of the Agenda. 23 Vice Mayor Premuroso seconded. 24 Motion passed 4 -0. 25 b. Recognition of Spring Event Sponsors. 26 Recreation Resource Manager Ann Schilling introduced and thanked the Spring Event 27 sponsors. Mayor Levy presented the plaques. 28 c. North County Neighborhood Coalition, Inc. 29 Paul Sisson, of the North County Neighborhood Coalition, Inc., gave a presentation. 30 a. Recognition of Dwyer High School's Boys Basketball 5A State Championship 31 Athletics Director Mike Kelly introduced the coaches and members and presented certificates. 32 VI. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 33 Councilmember Jablin reported attending the CareHere facility opening and the last 34 GreenMarket of the season. Vice Mayor Premuroso thanked staff for their work on the Annual 35 Easter Egg Hunt; announced upcoming meetings of the Palm Beach Gardens Historical Society; 36 congratulated The Benjamin School Lacrosse team for their state title and recognized Finance 37 Administrator Allan Owens and Finance Department members for receiving the Distinguished 38 Budget Presentation Award. Councilmember Russo announced the Amanda J. Buckley Fourth 39 Annual Golf Tournament at the Municipal Golf Course on May 14, 2011; stated he expects good 40 news from The Honda Classic for the next meeting and stated his concerns regarding the Palm 41 Beach County Commission on Ethics. Mayor Lew congratulated winners from the semi - annual 42 Palm Beach Gardens Police Department awards ceremony; attended the Annual Police 43 Foundation and League of Cities meetings; discussed his concern about the language used in the 44 Ethics Ordinance, 423 -5, and requested people to review and contact the County Commission; 45 acknowledged the passing of Town of Lake Park Mayor Deborah (Desca) DuBois and the U.S. 46 Special Forces on eliminating Osama bin Laden. 47 VII. CITY MANAGER REPORT CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 05.05.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Manager Ferris presented an update on the required Ethics Ordinance training. Council asked for a training session open to the public as early in June as possible. The Sancilio Company prepaid their $350,000.00 Economic Development Fund loan on May 2, 2011 including accrued interest. The money will be returned to the Economic Development Fund for future use. VIII. COMMENTS FROM THE PUBLIC Tom Cairnes, representing the PGA Corridor Association, 3101 PGA Boulevard, Palm Beach Gardens; Carol Estrada, 309 Riverside Drive, Palm Beach Gardens. IX. CONSENT AGENDA a. APPROVE MINUTES FROM APRIL 7, 2011 CITY COUNCIL MEETING. b. PROCLAMATION —NATIONAL MISSING CHILDREN'S DAY. c. PROCLAMATION — WATER REUSE WEEK. d. PROCLAMATION — NATIONAL POLICE WEEK. Councilmember Jablin made a motion for approval of the Consent Agenda. Vice Mayor Premuroso seconded. Motion passed 4 -0. X. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing) Mayor Levy announced the procedures for tonight's proceedings. Those preparing to give testimony were sworn in. The Deputy City Clerk read Ordinance 4, 2011 by title. a. ORDINANCE 4,2011— (2nd READING AND ADOPTION) ENVIRONMENTAL LANDS MITIGATION LDR AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTIONS 78- 158(a) AND (d), 78- 242(a), 78- 246(a)(13), AND (a)(14) AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY ADOPTING ENTIRELY NEW SUBSECTIONS 78- 246(a)(15), (a)(16), AND (a)(17); FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78 -249. APPROVAL CRITERIA FOR PROPOSED LAND ALTERATION. AND SUBSECTIONS 78- 250(a)(1)a., (a)(1)b., (a)(3)b., (a)(3)c., AND (b) AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78 -252. ALTERNATIVE FORMS OF MITIGATION. AND READOPTING SAME, AS REVISED AND WITH A NEW TITLE IN ORDER TO REVISE AND CLARIFY THE REGULATIONS FOR MITIGATION OF ON -SITE PRESERVATION REQUIREMENTS; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -751. DEFINITIONS. TO AMEND THE DEFINITIONS OF "ECOSYSTEM, NATIVE FLORIDA ", "ENDANGERED SPECIES, THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN" AND "LISTED SPECIES" AND TO PROVIDE DEFINITIONS FOR "PROTECTED SPECIES ", "RESTORATION /CREATION ", "THREATENED SPECIES ", AND "UPLAND NATIVE PLANT COMMUNITY "; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 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. Mayor Levy opened the public hearing. Staff Presentation: None. Public Comment: None. Mayor Levy closed the public hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 05.05.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Councilmember Jablin made a motion for approval of Ordinance 4, 2011 on second reading and adoption. Vice Mayor Premuroso seconded. Motion passed 4 -0. The Deputy City Clerk read Ordinance 7, 2011 by title. b. ORDINANCE 7, 2011 — (2nd READING AND ADOPTION) AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78 -61. EFFECTIVE PERIOD OF DEVELOPMENT ORDERS AND ENFORCEMENT OF CONDITIONS. BY REPEALING SUBSECTION (d) AND READOPTING SAME, AS REVISED, IN ORDER TO CLARIFY BUILD -OUT DETERMINATION REGULATIONS; FURTHER AMENDING CHAPTER 78 AT SECTION 78 -159. TABLE 21: PERMITTED, CONDITIONAL, AND PROHIBITED USE CHART AND NOTE 0)(49) OF TABLE 21 IN ORDER TO REVISE AND CLARIFY THE LIST OF ASSEMBLY USES AND TO ADOPT REGULATIONS PERTAINING TO "PLACES OF ASSEMBLY "; FURTHER AMENDING CHAPTER 78 AT SECTION 78 -751. DEFINITIONS. BY ADDING THE DEFINITION "PLACES OF ASSEMBLY "; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 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. Mayor Levy opened the public hearing. Staff Presentation: Planning and Zoning Director Natalie Wont. Public Comment: Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Ordinance 7, 2011 on second reading and adoption. Vice Mayor Premuroso seconded. Motion passed 4 -0. The Deputy City Clerk read Ordinance 8, 2011 by title. c. ORDINANCE 8, 2011 — (2nd READING AND ADOPTION) AMENDING THE FISCAL YEAR 2010/2011 BUDGET. 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, 2010, AND ENDING SEPTEMBER 30, 2011, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Staff Presentation: Finance Administrator Allan Owens. Public Comment: None. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Ordinance 8, 2011 on second reading and adoption. Vice Mayor Premuroso seconded. Motion passed 4 -0. The Deputy City Clerk read Ordinance 9, 2011 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 05.05.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 d. *ORDINANCE 9, 2011 — (1st READING) AMENDING THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD), APPROVED BY ORDINANCE 22, 1998, TO ELIMINATE CERTAIN CONDITIONS OF APPROVAL RELATING TO RYDER CUP BOULEVARD; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 24, 2011 IS A COMPANION ITEM TO ORDINANCE 9, 2011 AND WILL REQUIRE COUNCIL ACTION AT SECOND READING. *RESOLUTION 24, 2011 — TRAFFIC CONTROL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE PGA NATIONAL TRAFFIC CONTROL AGREEMENT APPROVED BY RESOLUTION 99, 2006 TO ELIMINATE CERTAIN CONDITIONS OF APPROVAL RELATING TO RYDER CUP BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Councilmember Jablin and Mayor Lew declared ex parte communication. Staff Presentation: Senior Planner Richard Marrero. Public Comment: Gary Fields, Esa., 4400 PGA Boulevard, Suite 900, Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Ordinance 9, 2011. Councilmember Russo seconded. Motion passed 4 -0. The Deputy City Clerk read Ordinance 10, 2011 by title. e. ORDINANCE 10, 2011 — (1st READIN(j) AMEND THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ)_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REVISING SECTION 78- 228(b)(1) AND SECTION 78- 229(a)(2) IN ORDER TO EXTEND THE DEADLINE FOR SIGNAGE AND LANDSCAPING COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE TO MAY 31, 2014; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 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. Mayor Levy opened the public hearing. Staff Presentation: Planner Kathryn Wilson. Public Comment: None. Discussion ensued. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Ordinance 10, 2011. Vice Mayor Premuroso seconded. Motion passed 4 -0. XI. RESOLUTIONS None. XII. ITEMS FOR COUNCIL ACTION /DISCUSSION CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 05.05.11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 b. BLUEGILL TRAIL EXTENSION TO BEELINE HIGHWAY AND NORTHLAKE BOULEVARD. Mayor Lew presented the letter for which he was requesting City Council approval. Councilmember Russo made a motion for approval. Councilmember Jablin seconded. Motion passed 4 -0. a. FIREFIGHTER AND POLICE PENSION PLANS. City Manager Ferris explained the background, purpose and recommendations of the review. Staff Presentation: Finance Administrator Allan Owens. Discussion ensued. Councilmember Tinsley's letter was entered into the record. XIIL CITY ATTORNEY REPORT None. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05.05.11 PAGE 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 XIV. ADJOURNMENT Councilmember Jablin made a motion to adjourn. Councilmember Russo seconded. Motion passed 4 -0. The meeting adjourned at 9:02 p.m. The next regularly scheduled City Council meeting will be held June 2, 2011. APPROVED: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Marcie Tinsley, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 05.05.11 PAGE 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 Resolution 28, 2011 Subject/Agenda Item: Resolution 28, 2011: Extending the Northlake Boulevard Task Force Interlocal Agreement Public Hearing and Consideration for Approval: A City - initiated request to make a Fourth Amendment to the Northlake Boulevard Task Force Interlocal Agreement and extend the Agreement through September 30, 2016. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed b : Originating Dept.: Finance: City Council Action: Direct r of anning & Planning & Zoning: Accountant [ ] Approved Zo in Project Manager N/A [ ]App. w/ Conditions Kathryn Wilson, Sarah Varga [ ] Denied [ ] Rec. Approval a a ie M. Wong, A I P Planner Fees Paid: [ ] Rec. App. w/ Conds. City o N/A [ ]Rec. Denial [ ] Continued to: [ ] Quasi — Judicial R. kpk Lo an, Esq. [X] Legislative Funding [ ] Public Hearing Source: Development [ ]Operating Advertised: Attachments: Compli ce . Resolution 57, 1997 [ ] Required [X] Other N/A Original Agreement [X] Not Required Budget • Resolution 90, 1998 1st Amendment Bahareh Wolfs, AICP Acct. #: N/A a Resolution 46, 2000 2"d Amendment Resource Manager • Resolution 15, 2004 Amended and Restated Agreement JJA • Resolution 116, 2005 Amendment to the Amended and Allyson Black Restated Agreement a Resolution 36, 2006 Approved By: 2" Amendment to the Amended Affected parties: and Restated Agreement City Manager [ ] Notified . Resolution 78, 2010 [X uired 3rd Amendment to the Amended and Restated Agreement 4' • Resolution 28, 2011 4rh Amendment to the Amended Ronald . F ris L and Restated Agreement Meeting Date: June 2, 2011 Resolution 28, 2011 Page 2of2 BACKGROUND The Northlake Boulevard Task Force (Task Force) was originally formed in 1997 through an Interlocal Agreement between Lake Park, North Palm Beach, Palm Beach Gardens, and Palm Beach County, for the purpose of evaluating and recommending a plan for the improvement, enhancement, renovation, and /or redevelopment of the Northlake Boulevard corridor. The current agreement in place, Third Amendment to Amended and Restated Interlocal Agreement Between the Village of North Palm Beach, the City of Palm Beach Gardens, the Town of Lake Park, and Palm Beach County, expires September 30, 2011. At the City Council's April 7, 2011, meeting, the Council unanimously agreed in discussion to extend the Interlocal Agreement for five (5) years. On April 25, 2011, the Task Force voted to extend the Interlocal Agreement for five (5) years. The proposed agreement, Fourth Amendment to Amended and Restated Interlocal Agreement Between the Village of North Palm Beach, the City of Palm Beach Gardens, the Town of Lake Park, and Palm Beach County, provides for the agreed upon five- (5) year extension of the term of the Interlocal Agreement, expiring September 30, 2016. There is no monetary commitment required for the Interlocal extension. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 28, 2011 as presented. i i August 15, 1997 RESOLUTION 57, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT TO FORM A TASK FORCE FOR THE PURPOSE OF FACILITATING RENOVATION AND /OR REDEVELOPMENT OF THE NORTHLAKE BOULEVARD CORRIDOR BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE PARK, THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the associated properties within the Northlake Boulevard Corridor (herein referred to as "the Corridor ") located along Northlake Boulevard, west of Federal Highway (U.S. 1) and east of Military Trail, have, in recent years, suffered a decline in quality of land uses; WHEREAS, the decline in quality of land uses within the Corridor negatively impacts taxable value and provision of services, as well as the aesthetic appearance of the properties; WHEREAS, portions of the Corridor are located in North Palm Beach, portions are located in Lake Park, portions are located in Palm Beach Gardens, and portions are located in unincorporated Palm Beach County; WHEREAS, North Palm Beach, Lake Park, Palm Beach Gardens, and Palm Beach County desire to encourage improvement, enhancement, and/or redevelopment of the Corridor; WHEREAS, the respective governing bodies of North Palm Beach, Lake Park, Palm Beach Gardens, and Palm Beach County desire to appoint a joint task force for the purposes of facilitating renovation and/or redevelopment of the Corridor; WHEREAS, to develop such a plan will require legal assistance, as well as consultants in such areas as land use planning, engineering and economics; and WHEREAS, it is the desire of North Palm Beach, Lake Park, Palm Beach Gardens, and Palm Beach County to accomplish these joint objectives in an expeditious manner pursuant to the authority in Chapter 163, Part I, Florida Statutes, "The Florida Interlocal Cooperation Act of 1969." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: /A SECTION i. The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement between the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens, and Palm Beach County which is attached hereto as Exhibit "A." SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS %e DAY U PMT �J997. i J gft :�RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK i VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMEN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK APPROVED AS TO FORM AND LEGAL SUFFICIENCY Cff ATTORNEY AYE Na ABSENT Resolution 57, 1997 Page 2 INTERLOCAL AGREEMENT This Agreement is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm. Beach, Florida 33408 (hereinafter "NORTH PALM', the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARK'), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS"), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter "COUNTY"). WITNESSETH: WHEREAS, the Northlake Boulevard corridor and properties located generally on Northlake Boulevard west of Federal Highway (U.S. Highway One) and east of Military Trail (hereinafter "the Corridor") have, in recent years, suffered a decline in quality of land uses; and WHEREAS, this decline in quality of land uses negatively impacts upon taxable values, provision of services, and the overall aesthetic appearance of the Corridor, and WHEREAS, portions of the Corridor are located in NORTH PALM, other portions in LAKE PARK, other portions in GARDENS, and other portions in unincorporated COUNTY, and WHEREAS, it is the desire of NORTH PALM, LAKE PARK, GARDENS, and COUNTY to encourage improvement, enhancement, renovation, and/or redevelopment of the Corridor; and 1 Northlake Blvd. Corridor Task Revised: July 24,1997 Fore interlocal Agreement WHEREAS, NORTH PALM, LAKE PARK, GARDENS, and COUNTY desire to appoint, through their respective governing bodies, a joint task force for the purposes of evaluating and recommending a plan for improvement, enhancement, renovation, and/or redevelopment of the Corridor, including ultimate annexation plans for the three municipalities; and WHEREAS, to develop such a plan, the task fbme may require expert assistance from consultants in such areas as land use planning, engineering, economics, and law, and WHEREAS, it is the desire of NORTH PALM, LAKE PARK, GARDENS, and COUNTY to accomplish these joint objectives in an expeditious manner, pursuant to the authority granted in Chapter 163, Part I, Florida Statutes ("the Florida Interlocal Cooperation Act of 1969 "). NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter into this lnterlocal Agreement and represent, covenant, and agree with each other as follows: SECTION ONE Reoresentatlons The fads, statements, and recitals heretofore set forth are true and correct, and are hereby incorporated in this Agreement by this reference. 2 Northlake Blvd. Corridor Task Revved: July 24,1997 Force lnterlocal Agreement SECTION TWO Appointment of Task Force Representatives The "Northlake Boulevard Corridor Task Force" (hereinafter "Task Force') shall consist of eight (8) representatives, with NORTH PALM, LAKE PARK, GARDENS, and COUNTY (hereinafter each a "Participant" and jointly "Pardapants"} each appointing two (2) regular representatives to the Task Force, at least one of whom must be an elected official of the appointing Participant. Each Participant shall also appoint two (2) alternate representatives. SECTION THREE Quorum and VoUna of Task Force Representatives A quorum of the Task Force shall be necessary for it to conduct any business and shall consist of at least one representative (regular or alternate) from each Participant and a total of at least five (5) representatives present. Each regular representative shall have one vote. An aitemate representative shall sit on behalf of the appointing Participant and have a vote when one (1) of the regular representatives of such Participant is absent. A majority of those present shall be required to pass a motion, except that any recommended plan must be approved by a majority which includes at least one representative from three (3) of the Participants. 3 Northlake Blvd, Corridor Task Force Intedocal Agreement SECTION FOUR Authority of Task Force Representatives Revised: July 24,1997 NORTH PALM, LAKE PARK, GARDENS, and COUNTY each authorize their respective representatives to participate In the Task Force and to take such actions as may be necessary to develop a recommended plan for consideration by the governing bodies of the Participants. To this end, Task Force representatives are authorized to meet as necessary and to contract for such professional assistance as they deem necessary to facilitate the completion of their task, within the limits of the funding provided herein. In each instance where it becomes necessary to retain professionai assistance, the Task Force first shall seek such professional assistance from staff employed or consultants retained by the Participants before deciding to retain "outside" staff or consultants. Costs for such professional assistance shall be bome equally by the Participants. Initially, therefore, each Participant agrees to financial participation of up to five thousand dollars ($5,000) total apiece or, in the event "outside" staff or consultants are not retained in an area of expertise, then in -kind services as approved by the Task Force up to an equivalent of five thousand dollars ($5,000) may be substituted. 4 Northiake Blvd. Corridor Task Faroe interlocal Agreement SECTION FIVE Effect of Task Force Recommended Plan Revised: July 24,1997 A plan recommended by the Task Force must subsequently be approved by Ordinance adopted by a Participant in order to become operational within that Par icipanfs Jurisdiction. However, this Agreement does not obligate any Participant to adopt any part of any plan recommended by the Task Force. SECTION SIX Miscellaneous Provisions Binding Effect All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Participants and their legal representatives, successors, and assigns. Seyerability if any part of this Agreement is contrary to, prohibited by, or deemed Invalid under any applicable law or regulation, such provision shall be Inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be Invalidated thereby and shall be given full force and effect, so far as possible. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one Noithlake Blvd. Corridor Task Revised: July 24, 1997. Force tntertocai Agreement and the same instrument. Effective DIte This Agreement shall become effective upon a Resolution being enacted by NORTH PALM, LAKE PARK, and GARDENS, each authorizing its respective Mayor and Clerk to execute this Agreement, and upon approval by the Board of County Commissioners of COUNTY. This Agreement shall automatically cease to be effective one (1) year from its effective date, unless subsequently extended by amendment of this provision. Arne_pap22 This Agreement may only be amended in writing, adopted and approved by all, Participants in the same manner as the original Agreement. IN WITNESS WHEREOF, the Participants have set their hands and seals on the day(s), month(s), and year hereinafter written. VILLAGE OF NORTH PALM BEACH EXECUTED this ZAth _ _ day of August , 1997. ATTEST: Wage Clerkk Approved as to form and legal sufficiency: Village Attorney VILLAGE OF NORTH PALM BEACH SEAL NoMake Blvd.'Corridor Task Force Intedood Agreement TOWN OF LAKE PARK EXECUTED this _S day of .ATTEST: ! Town Clerk Approved as to form and legal sufficiency: Town Attorney TOWN OF V� �tE .j � Barba�� n.•whphin�, . Clerk of I.. ' of Lake Paait Ffiorida, _ . dreby city NONNI M. f COntal'►" ` 'ihe offidi recai W the Town, Wit.► = my hand and 1.%,ial Seal of ifie ,y f lake Pack This � of _ 114E j in gent 11 �. CITY OF PALM BEACH GARDENS EXECUTED this _ day of 61997. ATTEST: City Clerk Approved as to form and legal sufficiency: City Attorney 7 CITY OF PALM BEACH GARDENS By: Mayor SEAL Northlake Blvd. Corridor Task Force Interlocal Agreement TOWN OF LAKE PARK RevWW:.luly 24,1997 EXECUTED this - day of 91997. ATTEST: TOWN OF LAKE PARK Town Clerk Approved as to form and legal sufficiency. Town Attorney Mayor SEAL CITY OF PALM BEACH GARDENS EXECUTED this 01/,& day of 0aZW,&at , 1997. ATTEST: Cr W &�6 Approved as to form and legal sufficiency: City Attorney 7 By SEAL DENS Nort daks Blvd. Corridor Task PALM BEACH COUNTY EXECUTED this -- day of ATTEST; Dorothy H. VNBan BY.- .fib : Clerk COUNT% Approved as to form and legal sufficiency: tsv County Attorney - Cwp701daaUW97 �) COUNTY. P felt SEP 0.2 1997 8 Rv� Juiy24, 1997 1997. PALM BEACH COUNTY. FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS /�' C hair R97 11560 SEAL SEP 0 2 W? STATE OF komoA. COUNTY OF PALM BEACH i• DOROTHY H. WILKEN., ex- cfficio Cterk of the Board of County Commissioners certify this to be a true an rre copy f the origina., filed In my office on Aew DATED West Palm Beach. FL on DORO MY H. W EN - fork BY. D.C. RESOLUTION 90,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 57,1997, WHICH APPROVED AN INPERLOCAL AGREEMENT TO FORM THE NORTHLAKE BOULEVARD TASK FORCE, BY EXTENDING THE EXPIRATION DATE OF THE INTERLOCAL AGREEMENT TO SEPTEMBER 1, 2000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT;AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 2, 1997, the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens and Palm Beach County entered into an Interlocal Agreement to create the North lake Boulevard Task Force; WHEREAS, the Interlocal Agreement provides that it can only be. amended in writing and any amendment must be adopted and approved by all participants in the same manner as the original agreement; WHEREAS, the Agreement automatically ceases to be effective one (1) year from the effective date, unless subsequently extended by amendment; and WHEREAS, the parties wish to extend the Agreement for an additional two (2) years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: ,SECTION 1. The First Amendment, copy attached hereto and made a part hereof, to the Interlocal Agreement dated September 2, 1997, between the Village of North Palm Beach, Town V Lake Park, City of Palm Beach Gardens and Palm Beach County, for the purpose of forming t he Northlake Boulevard Task Force, is hereby approved, extending the expiration date of the Agreement to September 2, 2000. SECTION 2. The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the First Amendment to the Interlocal Agreement between the Village of North Palm Beach, the Town of lake Park, the City of Palm Beach Gardens, and Palm Beach County, which is attached hereto as Exhibit "A ". U 0 Resolution 90, 1998 Page 2 of 2 E SECTION 3. This Resolution shall be effective upon adoption. A INTRODUCED, PASSED AND ADOPTED THIS DAY AUGUST, 1998. ATTEST: LINDA V. KOSMR, CMC, CITY CLERK v.1 • VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO 4JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT d E • CI'T'Y OF PALM BEACH GARDENS Growth Management Department MEMORANDUM Date: August 13,1998 To: Bobbie Herakovich, City Manager From: Roxanne M. Manning, Growth Management Direct; oh n Subject: Northlake Boulevard Task Force Extension. The Northlake Boulevard Task Force was created on September 2,1997 via an interlocal agreement between Palm Beach County, the Village or North Palm Beach, the Town of Lake Park, and the City of Palm Beach Gardens. The purpose of the Task Force is to develop and implement projects which will revitalize and restore Northlake Boulevard. The interlocal agreement was valid for one year, with the provision that it could be extended by written agreement. The expiration date is September 2,1998. The Task Force members have recommended a two year extension. The attached interlocal agreement amendment implements that two year extension Each municipality is adopting the agreement with will then be sent to the Palm Beach County Commission for final adoption on September 1, 1998. Growth Management staff recommends that this agreement be adopted by the City Council at their August 2& meeting. Adoption of this agreement confirms that the City will continue to participate in the Task Force. Should you have any questions regarding this matter please call me. C Greg Dunham, Asst. City Manager 0-1 FIRST AMENDMENT TO iNTTrRLOCAL AGREEMENT DATED SEPTEMBER 29 1"7 (ROT-11144D) BETWEEN THE VILLAGE OF NORTH PALM BEACH. TOWN OF LAKE PARK, CITY OF PALM BEACH GARDENS AND PALM SUCH COUNTY This Amendment to the Agreement is made and being entered Into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Patin Beads, Florida 33408 (hereinafter 'NORTH PALM'J the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, FWlda 33403 (hereiradter'LAKE PARIC), the CITY OF PALM BEACH GARDENS, 106W Noah Military Trail, Palm Beach Gardens, Florida 334`10 (hereinafter 'GARDENS'), and PALM BEACH COUNTY, 301 North Ottve Avenue, West Palm Beach, FL 33401 (hereinafter 'COUNTY -). WHEREAS. on or about September 2.1997 the Village of North Palm Beach, the Town of Lake Park the City of Palm Beach Gardens and Palm Beach County entered into an Interlocal Agreement to create the Northlake Boulevard Task Foroe; and WHEREAS, the Intcrlocal Agreement provides that d can only be amended in writing and any anwitnerrt must be adopted and approved by all participants in the same manner as the original oweernor t; and WHEREAS, the Agreement automatically ceases to be effective one (1) year from the effective date, union arbsequerrtty extended by amendment; and WHEREAS. the parties wish to extend the Agreement for an addlionai two (2) years; and 1 a. a(,- NOW, THEREFORE, the undersigned parties for and in considerrtion of the mubM benefits set forth in the Mterloc al Agreement and this amendment, heroto, do hereby agree to wvwnd the Mfprtocal Agreement and represent, covenant and agree with each other as follawa: SECTION ONE Reore "Motions The facts, statements, and recitals heretofore set forth are true and corre4 and are hereby incorporated in this Agreement by this reference. SECTION TWO Amend Secdon Six - Miscellaneous ProarWorm - Etfecgve pats Section Six - Eftecsiva Date is hereby amended to react This Agreement shall automad ally asase to be elhcb" two (2) years from the effective date of this sr I %we ... w Its unless subsequently extended by additional amendment. SECTION THREE In ab other respects Me Agreement dated September 2, 1997 shah remain M full force send effect as adopted. This Amencirmt shad be effective upon adoption of a resolution being ended by The Yillape of North Patin Beach. to Town of LaW Park and the City of Pain Beach Gardens. each and om izirp b respective Mayor or Clerk to exemAs this Amendment and upon approval by the Board of County Commissioners of Palm Beach County. 2 W WITNESS WHMEOF, the'Pwddpwb have sattheir herds and seals on the day(s), month(s). and year hereinafter written. Vil I ACE OF NORTH PALM BEACH EXECUTED this • 271h,day of Aucust 01998. • -� APPROVED AS TO FORM AND UFFICIEN I n TOWN OF LAKE PARK EXECUTED THIS � day of ,1998. ATTEST: Town Clark APPROVED AS TO FORM AND LEGAL SUFFICIENCY Town A*xnay TOWN OF LAKE PARK By: Mayor 4 SEAL 2.M CITY OF PALM BEACH GARDENS EXECUTED this a day or. &fv4A 9 1998. ATTEST: APPRMMD AS TO FORM AND LEGAL AUFFICIENCY CRY Attomey CITY OF PALM BEACH lkla SEAL. 5 P. a6 EXECUTED this ATTEST: Dorothy H. Wilken 0.27 PALM BEACH COUNTY day of -._ '1998. PALM SEACM COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: _. Deputy Cleric APPROVED AS TO FORM AND LEGAL SUFFICIENCY County A#=T" BT., P Chair SEAL TOTAL P.07 June 21, 2000 RESOLUTION 46, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 19979 CREATING THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 1997, the City Council passed Resolution 57, 1997, approving an interlocal agreement to create a Northlake Boulevard Corridor Task Force in order to improve the appearance of Northlake Boulevard between U. S. Highway One and Military Trail; and WHEREAS, the Northlake Boulevard Corridor Task Force consists of representatives from the City of Palm Beach Gardens, the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County; and WHEREAS, the Northlake Boulevard Corridor Task Force has prepared a streetscape improvement plan for the above segments of Northlake Boulevard and is currently working on the preparation of construction plans for streetscape improvements and an overlay zoning district; and WHEREAS, the Northlake Boulevard Corridor Task Force is recommending that the interlocal agreement creating the task force be extended by five years to September 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The Mayor of the City of Palm Beach Gardens hereby authorized to execute the attached Second Amendment to the above Interlocal Agreement that created the Northlake Boulevard Corridor Task Force. RESOLUTION 46, 2000 SECTION 2. This resolution shall be effective upon approval by the City Council. PASSED AND APPROVED THIS 3 R� DAY OF /,%vGvs r 2000. ATTEST: CARS&: G CMC, CITY CLERK VOTE: MAYOR RUSSO VICE -MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO g:\sc\res\nitfagree062100 N y JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT SECOND AMENDMENT TO INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 1997 (1197- 915613) BETWEEN THE VILLAGE OF NORTH PALM BEACH, TOWN OF LAKE PARK, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY This Amendment to the Agreement is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM "), the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARK "), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS "), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, FL 33401 (hereinafter "COUNTY"). WITNESSETH: WHEREAS, on or about September2,1997 the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens and Palm Beach County entered into an Intedocal Agreement to create the Northlake Boulevard Task Force. This Agreement was for a period of (1) one year, and WHEREAS, on or about September 1, 1998 the Interlocal Agreement was amended to extend the Agreement for an additional two (2) years; and WHEREAS, the interlocal Agreement provides that it can only be amended in writing and any amendment must be adopted and approved by all participants in the same manner as the original agreement; and WHEREAS, the Agreement automatically ceases to be effective two (2) years from the effective date of the First Amendment, unless subsequently extended by amendment; and WHEREAS, the parties wish to extend the Agreement for an additional five (5) years; and NOW, THEREFORE, the undersigned parties for and in consideration of the mutual benefits set forth in the Interiocal Agreement and this amendment, hereto, do hereby agree to amend the Intedocal Agreement and represent, covenant and agree with each other as follows: SECTION ONE Representations Thefacts, statements, and recitals heretofore set forth are true and correct, and are hereby Incorporated in this Agreement by this reference. SECTION TWO Amend Section Six - Miscellaneous Provisions - Effective Date Section Six - Effective Date is hereby amended to read: This Agreement shall automatically cease to be effective five (5) years from the effective date of this amendment, unless subsequently extended by additional amendment. SECTION THREE in all other respects the Agreement dated September 2,1997 shall remain in full force and effect as adopted. This Amendment shall be effective upon adoption of a resolution being enacted by The Village of North Palm Beach, the Town of Lake Park and the City of Palm Beach Gardens, each authorizing its respective Mayor or Clerk to execute this Amendment and upon approval by the 2 Board of County Commissioners of Palm Beach County. IN WITNESS WHEREOF, the Participants have set their hands and seals on the day(s), month(s), and year hereinafter written. VILLAGE OF NORTH PALM BEACH EXECUTED this day of , 2000. ATTEST: VILLAGE OF NORTH PALM BEACH By: Village Clerk Mayor APPROVED AS TO FORM AND SEAL LEGAL SUFFICIENCY By: Village Attorney M TOWN OF LAKE PARK EXECUTED THIS day of . 2000. ATTEST: Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Town Attomey TOWN OF LAKE PARK By: Mayor 4 SEAL CITY OF PALM BEACH GARDENS EXECUTED this _3 day of rQ :, 02 v s , 2000. ATTEST: i City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attomey CITY OF PALM BEACH GARDENS 0 v, 5 MIA SEAL EXECUTED this ATTEST: Dorothy H. Wilken By: Deputy Clerk PALM BEACH COUNTY ob day of , 2000. APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair U'%ZONiNGa# -Can sw .vvN C1 SEAL Date Prepared: January 23, 2004 1 RESOLUTION 15, 2004 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS,. FLORIDA APPROVING AN AMENDED AND 6 RESTATED INT.ERLOCAL AGREEMENT BETWEEN THE VILLAGE 7 OF NORTH PALM BEACH, PALM BEACH COUNTY, AND THE CITY 8 OF PALM BEACH GARDENS; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS, on September 2, 1997, the Village of North Palm Beach, the Town 13 of Lake Park, Palm Beach County, and the City of Palm Beach Gardens entered into an 14 Interlocal Agreement to create the Northlake Boulevard Task Force; and 15 16 WHEREAS, since the original scope of the agreement, the adoption of the 17 Overlay Zone and a Streetscape Plan, has been completed, an amended agreement is 18 necessary to further the work of the Task Force; and 19 20 WHEREAS, an amended agreement is necessary to reflect the withdrawal of the 21 Town of Lake Park from the Task Force so there can be a quorum; and 22 23 WHEREAS, City Council has recommended that the amended agreement reflect 24 the City's participation on an annual basis only; and 25• 26 WHEREAS, the Growth Management Department has recommended approval of 27 the Intedocal Agreement; and 28 29 WHEREAS, such agreement has been prepared and is attached hereto. 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: . 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 . 37 SECTION 2. The City Council hereby accepts and approves the amended and 38 restated Interlocal Agreement between the Village of North Palm Beach, Palm Beach 39 County, and the City of Palm Beach Gardens and hereby authorizes the Mayor and City 40 Clerk to execute the Agreement 41 42 SECT ION_3. This Resolution shall take effect immediately upon adoption. 43 44 45 46 Date Prepared: January 23, 2004 Resolution 15, 2004 1 2 3 PASSED AND ADOPTED this * day of 4 L% , 2004. 4 5 6 7 8 9 10 11 ATtEST: 12 13 '; it BY :_,; 15 P 16 17 CITY OF PALM BEACH GARDENS, FLORIDA BY: ab ' , Mayor. 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 BY: 23 Christine P. Tatum, City Attomey 24 25 26 27 28 29 VOTE: 30 31 MAYOR JABLIN 32 33 VICE MAYOR SABATELLO 34 35 COUNCILMEMBER CLARK 36 37 COUNCILMEMBER RUSSO 38 39 COUNCILMEMBER DELGADO 40 41. 42 43 44 il AYE NAY ABSENT ✓' 4 \lpbpsNIaWAomey% attorney _share%RESOLUTIONftorthlake task force inter =l apmt - reso 15 2004.doe 2 R2004 0394 Revlslon dated February 3, 2004 F8 2 6 0 AND PALM, OEACH CO UNTY THIS AMENDED A D RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, AND PALM BEACH COUNTY (hereinafter refer" to as "AGREEMENT") is made and entered into by and between the VILLAGE OF NORTH P LM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH, PALM "), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS', and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter "COUNTY "). WHEREAS, NORTH IPALM, the GARDENS, the COUNTY, and the TOWN OF LAKE PARK previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referred Ito as "Task Force") on September 2, 1997 (R -97- 1156), said agreement hereinafter refen*d to as the " Interlocal Agreement "; and WHEREAS, said Inte0ocal Agreement was subsequently amended by First Amendment to Interlocal Agreement, which was effective on August 20,1998 (R- 98- 1378D) and by Second Amendment to Interlocal Agreement, which was effective on August 22, 2000(R- 2000 - 1182); and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969 ", authorizes local government units to enter into agreements to cooperate with other localities to best serve the needs of the local communities; and WHEREAS, the Task Force has, in accordance with the Interlocal Agreement, facilitated the development of the Northlake Corridor Streetscape Plan and the Northlake Corridor Overlay Zoning District regulations; and 'i WHEREAS, NORTH PALM, the GARDENS, and the COUNTY have adopted the Northlake Corridor Streetscape Plan hereinafter referred to as the "Plan," and have adopted the Northlake Boulevard Overlay District regulations; and WHEREAS, the Task Force has received a Metropolitan Planning Organization grant for the completion of Phase I of the Plan; and WHEREAS, the TOWN OF LAKE PARK has passed a Resolution withdrawing fro m the Northlake Boulevard Corridor Task Force. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, NORTH PALM, the GARDENS, and the COUNTY hereby adopt the AGREEMENT as follows: Section 1. REPRESENTATIONS. The facts, statements, and recitals heretofore set forth are true and correct and are hereby incorporated in this AGREEMENT by this reference. Section 2. APPOINTMENT OF TASK FORCE REPRESENTATIVES. The Task Force shall consist of six (6) representatives, with NORTH PALM, the GARDENS, and the COUNTY (hereinafter each a "Participant' and jointly "Participants ") each appointing two (2) regular representatives to the Task Force, at least one of whom must be an elected official of the appointing Participant. Each Participant shall also appoint two (2) alternate representatives. Each Participant shall appoint representatives and alternates following the same formal procedure the Participant uses for board or commission appointments. 2 Section 3. QUORUM AND VOTING OF TASK FORCE REPRESENTATIVES. A quorum of the Task Force shall be necessary for it to conduct any business and shall consist of at least one (1) representative (regular or alternate) from each Participant and a total of at least four (4) representatives present. Each regular representative shall have one (1) vote. An alternate representative shall sit on behalf of the appointing Participant and have a vote when one (1) of the regular representatives of such Participant Is absent. A majority of those present shall be required to pass a motion, except that any recommended plan must be approved by a majority, which includes at least one (1) representative from two (2) of the Participants. Section 4. AUTHORITY OF TASK FORCE REPRESENTATIVES: A. NORTH PALM, the GARDENS, and the COUNTY each authorizes its respective representatives to participate in the Task Force and to take such'actions as may be necessary to implement the Plan - adopted by the governing bodies of the Participants, and to review and propose amendments to the Plan as deemed necessary by the Task Force. B. To this end, Task Force representatives are authorized to meet as necessary and to contract for such professional assistance as they deem necessary to facilitate the completion of their task within the limits of the funding provided herein. In each instance where it becomes necessary to retain professional assistance, the Task Force first shall seek such professional assistance from staff employed or consultants retained by the Participants before deciding to retain "outside* staff or consultants. Costs for such professional assistance shall be bome equally by the Participants. 3 The Task Force shall submit a proposed budget no later than May 10 of each year for each governing body's consideration to fund activities for the ensuing fiscal year. The Task Force agrees that the adopted Plan will be implemented in various phases, and that the timing of the completion of individual phases shall be accomplished in the following initial sequence: Phase 1, Phase 2, and Phase 4. The Participants further agree that nothing In this AGREEMENT shall preclude any individual Participant from constructing or causing to be constructed any portion of the median beautification project at any time, as long as the installation is constructed in accordance with the adopted Plan. C. No later than July 1, 2004, the Task Force shall propose a maintenance funding plan for consideration and approval by each Participant for FY 2004/2005. Section 5. FINANCIAL OBLIGATIONS. A. Each member hereby pledges its support to the implementation of the adopted Plan and the construction of the beautification improvements. B. To the extent permitted by law, and subject to the annual appropriation of funding by each member. the Participants intend to contribute an equal share to secure Implementation and completion of all phases of the Plan within ten (10) years from the date of this AGREEMENT or upon completion of all phases of the Plan, whichever occurs first. In -kind services, as approved by the Task Force, may be substituted for monetary contributions. Section 6. TERM OF AGREEMENT. This Agreement shall continue through September 30, 2005, but may be extended by written instrument of the parties. 4 Section 7. GENERAL TERMS AND CONDITIONS. A. This AGREEMENT sets forth all the rights, responsibilities, and obligations of the members to each other, represents the entire understanding of the members, and supersedes all other negotiations, representations, or agreements, whether written or oral, relating to the subject matter of this AGREEMENT. This AGREEMENT cannot be changed, altered, amended, or modified except by written instrument signed by the duly authorized representatives of the parties, adopted and approved by all parties in the same manner as this AGREEMENT. B. The headings given to the sections herein are inserted only for convenience and are no way to be construed as part of this AGREEMENT or as a limitation of the scope of the particular section to which the heading refers. C. This AGREEMENT is authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise separately. This AGREEMENT shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida upon execution by all of the members. D. Nothing stated in this AGREEMENT shall be construed to give any rights or benefits of any member to this AGREEMENT to anyone other than the above- listed members, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and the exclusive benefit of the members and not for the benefit of any other. E. This AGREEMENT may not be assigned by any member. F. This document can be signed in counterparts. k, G. All of the terms and provisions of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Participants and their legal representatives, successors, and assigns. H. If any part of this AGREEMENT is contrary to, prohibited by, or deemed Invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect, so far as possible. I. Any portion of the Interlocal Agreement not contained in this AGREEMENT is hereby repealed. J. All actions taken by the Task Force pursuant to the Interlocal Agreement and amendments thereto remain in full force and effect. K. The adoption of this AGREEMENT does not affect the status of representatives of each of the Participants currently appointed to the Task Force. L. This AGREEMENT shall become effective upon a Resolution being enacted by NORTH PALM and the GARDENS, each authorizing its respective Mayor and Clerk to execute this AGREEMENT, and upon approval by the Board of County Commissioners of the COUNTY: (The remainder of this page left intentionally blank) IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed this day of , 2004. 'ATTEST: CITY OF M BEACH GARDENS 41 r I ' . By:: _.. By. Patricia Snider, City Clerk blip ayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: .gLZZ 4(.Wst mpl;' +Datum, City Attorney _;r r APPROVED AS TO FORM AND LEGA SUFFICIENCY By: 1 Vii ge Attomey 7 82004 0394 fig. 2 6 m . F .ti ATTEST: DOROTHY H. Bo�afd of �Coun ep By; Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 9::; County Attorney R2004 0394 PALM BEACq COUNTY, FLORIDA !' ; 1 - By C:H)oaxnents and SetdfQsVvwave&0cW SeWfV%TempW8TF.AGMT.30.wpd G.; Uonwy_ sharo%AGREEMENTSWBTFAGMT.30.doc 8 it IS 2 6 Date Prepared: August 5, 2006 RESOLUTION '116,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; AND PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, on September 2, 1997, the Village of North Palm Beach, the Town 13 of Lake Park, Palm Beach County, and the City of Palm Beach Gardens entered Into an 14 lnterlocal Agreement to create the Northlake Boulevard Task Force; and 15 16 WHEREAS, since the original scope of the agreement, the adoption of the 17 Overlay Zone and a Streetscape Plan, has been completed, an amended agreement is 18 necessary to further the work of the Task Force; and 19 20 WHEREAS, the agreement was last amended effective on February 26, 2004 21 (the Amended Agreement); and 22 23 WHEREAS, City Council has recommended that the Amended Agreement be 24 further amended to extend the tern by five years to 2010 and to allow any party to 25 withdraw from the Amended Agreement with thirty (30) days" notice ; and 26 27 WHEREAS, the Growth Management Department has recommended approval of 28 the further amendments to the Amended Agreement; and 29 30 WHEREAS, such Amendment to the Amended Agreement has been prepared 31 and is attached hereto; and 32 33 WHEREAS, the City Council has determined that adoption of this Resolution is in 34 the best Interest of the citizens and residents of the City of Palm Beach Gardens. 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF PALM BEACH GARDENS, FLORIDA that. 39 40 SECT, ION 1. The foregoing recitals are hereby affirmed and ratified. 41 42 SECTION 2. The City Council hereby accepts and approves the Amendment to 43 the Amended and Restated Intedocal Agreement between the Village of North Palm 44 Beach, Palm Beach County, and the City of Palm Beach Gardens, and hereby 45 authorizes the Mayor and City Clerk to execute the Agreement. 46 r � 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 Date Prepared: August 5, 2005 Resdutbn 118, 2005 SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ,Ikn**_ day of 4A" .2005. tv ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By 'V1;Z7 Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT CITY OF PALM AYE NAY ABSENT G -*%ftn wy_$hG*REWLUMNSWwfd8k@ tW* kM hbdoM WM - Mo 116 2006.0w is Mayor FLORIDA FA� •i�jF,^ 7 R2005:*1726 'W f m I COUNTY EXTENDING TH19 TERM OF THE AGREEMENT THIS AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM"), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS "), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter "COUNTY"). WHEREAS, NORTH PALM, GARDENS, COUNTY and the TOWN OF LAKE PARK previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referred to as "Task Force ") on September 2, 1997 (R- 97- 1156), said agreement hereinafter referred to as the "Interlocal Agreement "; and WHEREAS, said Interlocal Agreement was subsequently amended by First Amendment to Interlocal Agreement which was effective on August 20, 1998 (R- 98- 1378D) and by Second Amendment to Interlocal Agreement which was effective on August 22, 2000 (R- 2000 - 1182); and Amended and Restated lnterlocal Agreement was effective on February 26, 2004 (R2004- 0394) (hereinafter referred to as "Amended Agreement "); and WHEREAS, the Amended Agreement provided in Section 6 that the agreement would continue through September 30, 2005, but may be extended by written instrument of the parties; WA I .04 WHEREAS, the parties to the Amended Agreement desire to extend the term of the agreement; and WHEREAS, the parties wish to cWfy their intent to allow for unilateral withdrawal from this Amended Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, NORTH PALM, the GARDENS, and the COUNTY hereby adopt this amendment to the Amended Agreement as follows: Section 1. The term of Amended Agreement shall continue through September & 20J_Q. Section 2. Any party may withdraw from this Amended Agreement upon thirty days' written notice to the other parties, thereby relieving the withdrawing party of all obligations and benefits arising out of this Amended Agreement. This AMENDMENT TO AMENDED AGREEMENT shall become effective upon a Resolution being enacted by NORTH PALM and GARDENS, each authorizing its respective Mayor and Clerk to execute this AGREEMENT, and upon approval by the Board of County Commissioners of COUNTY. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed this Ir day of Afi2 W , 2005. ATTEST: By: Patricia Snider, CMC, Clerk 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: - Christine P. Tatum, City Attorney ATTEST: Ac ..,.,E V lase Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Village ttorney Sharon R. ct APPROVED AS TO FORM AND LEGAL SUFFICIENCY •.err' G.NWPDATA"NDUSLRBANKSIaoai WF'.AOMf.all.doe 3 VILLAGERF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA -.f Z4/, Tony asi R2005.1726 w 13 = Date Prepared; March 8, 2006 1 RESOLUTION 36, 2006 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE SECOND 6 AMENDMENT TO THE AMENDED AND RESTATED INTERLOCAL 7 AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM 8 BEACH, THE CITY OF PALM BEACH GARDENS, AND PALM 9 BEACH COUNTY, ADDING THE TOWN OF LAKE PARK AS A 10 PARTICIPANT; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, on September 2, 1997, the Village of North Palm Beach (NORTH 14 PALM), the Town of Lake Park (LAKE PARK), Palm Beach County (COUNTY), and the 15 City of Palm Beach Gardens (GARDENS) entered into an Interlocal Agreement to 16 create the Northlake Boulevard Task Force; and 17 18 WHEREAS, said Agreement was subsequently amended by First Amendment to 19 Agreement, which was effective on August 20,1998 (R- 98- 1378D); by Second 20 Amendment to Agreement, which was effective on August 22, 2000 (R -2000- 1182); by 21 Amended and Restated Agreement, which was effective on February 26, 2004 (R -2004- 22 0394); and by Amendment to Amended and Restated Agreement, which was effective 23 on September 13, 2005 (R- 2005 - 1726); and 24 25 WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal 26 Cooperation Act of 1969," authorizes local government units to enter into agreements to 27 cooperate with other localities to best serve the needs of the local communities; and 28 29 WHEREAS, the Task Force has, in accordance with the Agreement, facilitated 30 the development of the Northlake Corridor Streetscape Plan and the Northlake Corridor 31 Overlay Zoning District regulations; and 32 33 WHEREAS, NORTH PALM, the GARDENS, and the COUNTY have adopted the 34 Northlake Corridor Streetscape Plan (hereinafter referred to as the "Plan ") and have 35 adopted the Northlake Boulevard Overlay Zoning District regulations (hereinafter 36 referred to as "NBOZ "); and 37 38 WHEREAS, the Task Force has received a Municipal Planning Organization 39 grant for the completion of Phase 1 and Phase 2 of the Plan; and 40 41 WHEREAS, LAKE PARK also adopted the plan but subsequently was deleted 42 from the Agreement after it passed a resolution withdrawing from the Task Force; and 43 44 WHEREAS, LAKE PARK seeks to rejoin the Task Force and has agreed to 45 adopt the NBOZ regulations; and 46 Date Prepared: March 8, 2006 Resolution 36, 2006 1 WHEREAS, the Growth Management Department has recommended approval of 2 the further amendments to the Amended Agreement; and 3 4 WHEREAS, such Second Amendment to the Amended and Restated Interlocal 5 Agreement has been prepared and is attached hereto; and 6 7 WHEREAS, the City Council has determined that adoption of this Resolution is in 8 the best interest of the citizens and residents of the City of Palm Beach Gardens. 9 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF PALM BEACH GARDENS, FLORIDA that: 13 14 SECTION J. The foregoing recitals are hereby affirmed and ratified. 15 16 SECTION 2. The City Council hereby accepts and approves the Second 17 Amendment to the Amended and Restated Interlocal Agreement between the Village of 18 North Palm Beach, Palm Beach County, the Town of Lake Park, and the City of Palm 19 Beach Gardens, and hereby authorizes the Mayor and City Clerk to execute the 20 Agreement. 21 22 SECTION 3. This Resolution shall become effective immediately upon adoption. 23 24 25 (The remainder of this page left intentionally blank) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 48 I Date Prepared: March 8, 2006 Resolution 36, 2006 PASSED AND ADOPTED this _(g„" day of &d&L .2006. ATTEST: BY: Patricia Sni er, CMC, C4 Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ristine P. Tatum, 04 Attomey VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBERJABLIN COUNCILMEMBER LEVY COUNCILMEMBERVALECHE CITY OF PALM M &YE NAY ABSENT FLORIDA Mayor I"gd l 'Abwnaylatto nw sharoWESOLUTIONSVrorthlake task force lnterlocal agmt - 2nd affmoment -mao 36 2006.doc 3 9 SECOND AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THC VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY A_ DDING TOWN OF LAKE PARK AS A PARTICIPANT THIS SECOND AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY ADDING TOWN OF LAKE PARK AS A PARTICIPANT (hereinafter referred to as "Amendment") is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM *), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS "), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter "COUNTY") and TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARK"). WHEREAS, NORTH PALM, GARDENS, COUNTY and LAKE PARK previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referred -to as "Task Force") on September 2, 1997 (R -97- 1156), said agreement (hereinafter referred to as the "Agreement "); and WHEREAS, said Agreement was subsequently amended by First Amendment to Agreement which was effective on August 20,1998 (R- 98- 1378D) and by Second Amendment to Agreement which was effective on August 22, 2000 (R-2000-1182). Amended and Restated Agreement, which was effective on February 26, 2004 (R -2004 0394) and Amendment to Amended and Restated Agreement, which was effective on September 13, 2005; and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969 ", authorizes local government units to enter into agreements to cooperate with other localities to best serve the needs of the local communities; and WHEREAS, the Task Force has, in accordance with the Agreement, facilitated the development of the Northlake Corridor Streetscape Plan and the Northlake Corridor Overlay Zoning District regulations; and WHEREAS, NORTH PALM, the GARDENS and the COUNTY have adopted the Northlake Corridor Streetscape Plan (hereinafter referred to as the "Plan ") and have adopted the Northlake Boulevard Overlay Zoning District regulations (hereinafter referred to as "NBOZ"); and WHEREAS, the Task Force has received a Municipal Planning Organization grant for the completion of Phase 1 and Phase 2 of the Plan. WHEREAS, LAKE PARK also adopted the plan but subsequently was deleted from the Agreement after it passed a resolution withdrawing from the Task Force. WHEREAS, LAKE PARK seeks to rejoin the Task Force and has agreed to adopt the NBOZ regulations. NOW THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, NORTH PALM, the GARDENS, LAKE PARK and the COUNTY hereby adopt this Second Amendment to the Amended and Restated Agreement as follows: 2 U 0 Part 1. The Agreement is hereby amended as is shown in Part 1 of the Amendment. Changes are indicated by strikethrough and underline. The portions of the Agreement that have not been changed are shown for informational purposes. Section 1. REPRESENTATIONS The facts, statements, and recitals heretofore set forth are true and correct and are hereby incorporated in this Agreement by reference: Section 2. APPOINTMENT OF TASK FORCE REPRESENTATIVES The Task Force shall consist of six eight. f81 representatives, with NORTH PALM, GARDENS, LAKE PARK, and the COUNTY (hereinafter each a "Participant" and jointly "Participants") each appointing two (2) regular representatives to the Task Force, at least one of whom must be an elected official of the appointing Participant. Each Participant shall also appoint two (2) alternate representatives. Each Participant shall appoint representatives and alternates following the same formal procedure the Participant uses for board or commission appointments. Section 3. QUORUM AND VOTING OF TASK FORCE REPRESENTATIVES. A quorum of the Task Force shall be necessary for it to conduct any business and shall consist of at least one representative (regular or alternate) from each Participant and a total of at least #ew (4) five 5 representatives present. Each regular representative shall have one vote. An alternate representative shall sit on behalf of the appointing Participant and have a vote when one (1) of the regular representatives of such Participant is absent. A majority of those present shall be required to pass a K motion, except that any recommended plan must be approved by a majority which includes at least one representative from (3) of the Participants. Section 4. AUTHORITY OF TASK FORCE REPRESENTATIVES. A. NORTH PALM, GARDENS, LAKE PARK and COUNTY each authorize their respective representatives to participate in the Task Force and to take such actions as may be necessary to implement the Plan adopted by the governing bodies of the Participants, and to review and propose amendments to the Plan as deemed necessary by the Task Force. B. To this end, Task Force representatives are authorized to meet as necessary and to contract for such professional assistance as they deem necessary to facilitate the completion of their task, within the limits of the funding provided herein. In each instance where it becomes necessary to retain professional assistance, the Task Force first shall seek such professional assistance from staff employed or consultants retained by the Participants before deciding to retain "outside" staff or consultants. Costs for such professional assistance shall be bom equally by the Participants. The Task Force shall submit a proposed budget no later than May 1't of each year for each governing body's consideration to fund activities for the ensuing fiscal year. The Task Force agrees that the adopted Plan will be implemented in various phases, and that the timing of the completion of individual phases shall be accomplished in the following initial sequence: Phase 1, Phase 2, and Phase 4. The participants further agree that nothing in this Agreement shall preclude any individual 4 Participant from constructing or causing to be constructed any portion of the median beautification project at any time, as long as the installation is constructed in accordance with the adopted Plan. C. The Gardens, North Palm Beach and County have adopted the -,NOB£Z reaylations. Lake Park aarees to adopt the NBOZ regulations. Section 5. Financial Obligations A. Each FAMbOF Participant hereby pledges its support to the implementation of the adopted Plan and the construction of the beautification improvements. B. To the extent permitted by law, and subject to the annual appropriation of funding by each member, the Participants intend to eaMit to contributinge an equal share to secure implementation and completion of all phases of the Plan within ten years from the date of this Agreement or upon oomnletion of all phases of the Plan. Section 6. TERM OF AGREEMENT A. This Agreement shall continue through September 30, 2010, but B. Any Participaol party may withdraw from this Agreement upon thirty (30) days' written notice to the other parties, thereby relieving the withdrawing Participant party of all obligations and benefits arising out of this Agreement. 61 Section 7. GENERAL TERMS AND CONDITIONS A. This Agreement sets forth all the rights, responsibilities and obligations of the Membefs Participants to each other, represents the entire understanding of the members, and supersedes all other negotiations, representations, or agreements, whether written or oral, relating to the subject matter of this Agreement. This Agreement cannot be changed, altered, amended or modified except by written instrument signed by the duly authorized representatives of the paFties Participants adopted and approved by all parties Participants in the same manner as the Agreement. B. The headings given to the Section herein are inserted only for convenience and are no way to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. C. This Agreement is authorized by Section 163.01 Fla. Statutes, being a joint exercise of power shared in common which any municipality could exercise separately. This Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, upon execution by all of the members. D. Nothing stated in this Agreement shall be construed to give any rights or benefits of any a ici to this Agreement to anyone other than the above listed members, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and the exclusive benefit of the membem ParticiRgnts, and not for the benefit of any other. E. This Agreement may not be assigned by any mambo Participant. 0 F. This document can be signed in counterparts. G. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Participants and their legal representatives, successors, and assigns. H. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect, so far as possible. I. Any portion of the Interlocal Agreement not contained in this Agreement is hereby repealed. J. All actions taken by the Task Force pursuant to the Inte local Agreement and amendments thereto remain in full force and effect. K. The adoption of this Agreement does not affect the status of representatives of each of the Participants currently appointed to the Task Force. L. This Agreement shall become effective upon a Resolution being enacted by NORTH PALM and GARDENS, each authorizing its respective Mayor and Clerk to execute this Agreement, and upon approval by the Board of County Commissioners of COUNTY. Part 2. Except as expressly set forth herein, all terms and conditions in the Agreement shall remain in full force and effect. Part 3. This Amendment shall become effective upon a Resolution being enacted W by NORTH PALM, GARDENS and LAKE PARK, each authorizing its respective Mayor and Clerk to execute this Amendment, and upon approval by the Board of County Commissioners of COUNTY. Part 4. This Amendment shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida upon execution by all Participants. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed this G iV- day of rVAt. .2006. ATTEST: CITY OF PALIWBE,ACH GARDENS By: — By: ✓ City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney ATTEST: VILLAGE OF NORTH PALM BEACH By: By: Village Clerk APPROVED AS TO FORM AND -� LEGAL UFFICIENCY By: J X&J Vill a Attorney 8 ATTEST: ?CF L4,,,, Town Clerk e l.J ��ORID� APPROVED AS TO FORM AND Bv: A ST: �t 00sr Paw i V,� bry ,• •' aP ler�c 0,. .0 ir�ti^ �. APPROVED AS TO FORM AND LEGAL SUFFICIENCY TOWN LAK PARK Mayor h_'ul c Li MIS 1 i 3d PALM BEACH COUNTY, FLORIDA i ony asi Chairman i' By: ... County Attorney G:NNPQATAM.ANDUSEWBANK$Ww ftWBTFAGMT.E6.3.doc V" 1 RESOLUTION 78, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A THIRD AMENDMENT 6 TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT 7 BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN 8 OF LAKE PARK, PALM BEACH COUNTY, AND THE CITY OF 9 PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND 10 FOR OTHER PURPOSES. 1.1 12 13 WHEREAS, on September 2, 1997, the Village of North Palm Beach (NORTH 14 PALM), the Town of Lake Park (LAKE PARK), Palm Beach County (COUNTY), and the 15 City of Palm Beach Gardens (GARDENS) entered into an Interlocal Agreement to 16 create the Northlake Boulevard Task Force; and 17 18 WHEREAS, said Agreement was subsequently amended by First Amendment to 19 Agreement, which was effective on August 20,1998 (R- 98- 1378D); by Second 20 Amendment to Agreement, which was effective on August 22, 2000 (R- 2000 - 1182); by 21 Amended and Restated Agreement, which was effective on February 26, 2004 (R -2004- 22 0394); by Amendment to Amended and Restated Agreement, which was effective on 23 September 13, 2005 (R- 2005 - 1726); and by Second Amendment to Amended and 24 Restated Agreement, which was effective on May 16, 2006 (R- 2006 - 0866); and 25 26 WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal 27 Cooperation Act of 1969," authorizes local government units to enter into agreements to 28 cooperate with other localities to best serve the needs of the local communities; and 29 30 WHEREAS, City Council has recommended that the amended agreement reflect 31 the City's participation on an annual basis only; and 32 33 WHEREAS, the Planning and Zoning Department has recommended approval of 34 the Third Amendment to the Amended and Restated interlocal Agreement; and 35 36 WHEREAS, such Third Amendment to the Amended and Restated Interlocal 37 Agreement has been prepared and is attached hereto; and 38 39 WHEREAS, the City Council deems approval of this Resolution to be in the best 40 interests of the health, safety, and welfare of the residents and citizens of the City of 41 Palm Beach Gardens and the public at large. 42 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF PALM BEACH GARDENS, FLORIDA that: 46 Page 1 of 3 Resolution 78, 2010 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. The City Council hereby accepts and approves the Third 4 Amendment to the Amended and Restated Interlocal Agreement between the Village of 5 North Palm Beach, the Town of Lake Park, Palm Beach County, and the City of Palm 6 Beach Gardens and hereby authorizes the Mayor to execute the Agreement. 7 8 SECTION 3. This Resolution shall take effect immediately upon adoption. 9. 10 11 12 13 (The remainder of this page intentionally left blank) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 2of3 Resolution 78, 2010 1 PASSED AND ADOPTED this o I day of 6z., &e, , 2010. 2 3 4 5 CITY OF PALM BEACH GARDENS, FLORIDA 6 7 8 9 BY: 10 David te'vyrNayor 11 12 -ATTEST.- '3" , _ BY: _ " - V.,k/4 17 _ ��icia Snider, CMC, City Clerk 20 APPROVtD AS TO FORM AND 21 LEGAL SUFFICIENCY 22 23 �- 24 25 BY: 26 R. M 27 28 29 30 VOTE: 31 32 MAYOR LEVY 33 , City Attorney 34 VICE MAYOR PREMUROSO 35 36 COUNCILMEMBER RUSSO 37 38 COUNCILMEMBER JABLIN 39 40 41 42 43 44 45 46 AYE NAY ABSENT. _a✓ �G 47 G:Wtcmey_shar9WES0LUT10NM201 Wtesolution 78 2010 -third amendment to intedocal agent for northlske blvd task force.doc Page 3 of 3 I 0 R2010�11761 xrr28 BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, TOWN OF LAKE PARK, AND PALM BEACH COUNTY THIS THIRD AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, TOWN OF LAKE PARK, AND PALM BEACH COUNTY (hereinafter referred to as "THIRD AMENDMENT") is made and entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM "), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS "), the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARK', and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter "COUNTY") (hereinafter collectively referred to as "Participants'; and WHEREAS, the Participants previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referred to as "Task Force ") on September 2, 1997 (R -97 -1156) (hereinafter referred to as the "Agreement "); and WHEREAS, said Agreement was subsequently amended by the First Amendment to Agreement, which was effective on August 20,1998 (R- 98- 1378D) and by the Second Amendment to Agreement, which was effective on August 22, 2000 (R- 2000 - 1182); and WHEREAS, the Agreement was subsequently replaced in its entirety by the Amended and Restated Agreement, which was effective on February 26, 2004 (R -2004- 0394) (hereinafter referred to as "Restated Agreement "); and 1 I It WHEREAS, the Restated Agreement was subsequently amended by the Amendment to Amended and Restated Agreement, which was effective on September 13, 2005, and the Second Amendment to the Amended and Restated Agreement, which was effective on May 6, 2006 (R -2006- 0866); and WHEREAS, the Restated Agreement as amended by R- 2006 -0866 provides in Part 1, Section 6 that the term of the Agreement continues through September 30, 2010, but may be extended by written instrument of the Participants; and WHEREAS, the Participants have determined it is appropriate to extend the Agreement for a period of one year. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, NORTH PALM, the GARDENS, LAKE PARK, and the COUNTY hereby extend the term of the Agreement as follows: Part 1. The facts, statements, and recitals heretofore set forth are true and correct and are hereby incorporated in this THIRD AMENDMENT by reference. Part 2. This Agreement shall continue through September 30, 2011, but may be extended by written instrument of the Participants. Part 3. This THIRD AMENDMENT may be executed in counterparts. Part 4. Except as expressly set forth herein, all terms and conditions in the Restated Agreement and any previous amendments thereto shall remain in full force and effect. Part 5. This THIRD AMENDMENT shall become effective upon filing a fully executed THIRD AMENDMENT with the Clerk of the Circuit Court of Palm Beach County, Florida. 2 IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed this day of , 2010. ATTEST: Bly : atricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY i m R. Max ATTEST: By: Village Clerk Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Village Attomey 3 CITY OF PALM BEACH GARDENS By: /f)-q 4 Da'v-idtevy, Wayor VILLAGE OF NORTH PALM BEACH By: Mayor Part 5. This THIRD AMENDMENT shall become effective upon filing a fully executed THIRD AMENDMENT with the Clerk of the Circuit Court of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed this day of .2010. ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney ATTEST: By: zwal—A- M Teal, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By Leonard Rubin, Village Attorney 3 CITY OF PALM BEACH GARDENS By: David Levy, Mayor VILLAGE OF NORTH PALM BEACH - / William L. Manue, ayor ATTEST: TOWN OF LAKE PARK A0 OF /„q� By �....� ---- - S �y, Town Clerk FAC J, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: o tto y COMMISSIONERS ATTEST: I G0-AT Y UnFU 4ORIDP :cn Y :cn b•. -vary 2.. p�. APPROVED AS TO FORM AND LEGAL SUFFICIENCY R2010 .17 61 OCT2 82010 BOARD OF COUNTY PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA, COUNTY OF PALM BEACH I, SHARON R. BOCK, Clerk and;. (er certify this to be a true and correct dl'gi 'ti►,; filed in my office on - 19 C dated By: By:.4 County Attorney G:IWPDATA\ ANDUSE\RBANKS\zoning W BTF AGMT.#5.3.doc Palm Beach, FL o De tv ,ler1�, O 1 RESOLUTION 28, 2011 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 5 GARDENS, FLORIDA APPROVING A FOURTH AMENDMENT TO THE 6 AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE 7 VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE PARK, PALM 8 BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, on September 2, 1997, the Village of North Palm Beach (NORTH PALM), 13 the Town of Lake Park (LAKE PARK), Palm Beach County (COUNTY), and the City of Palm 14 Beach Gardens (GARDENS) entered into an Interlocal Agreement to create the Northlake 15 Boulevard Task Force; and 16 17 WHEREAS, said Agreement was subsequently amended by First Amendment to 18 Agreement, which was effective on August 20,1998 (R- 98- 1378D); by Second Amendment to 19 Agreement, which was effective on August 22, 2000 (R- 2000 - 1182); by Amended and 20 Restated Agreement, which was effective on February 26, 2004 (R- 2004 - 0394); by 21 Amendment to Amended and Restated Agreement, which was effective on September 13, 22 2005 (R- 2005 - 1726); by Second Amendment to Amended and Restated Agreement, which 23 was effective on May 16, 2006 (R- 2006 - 0866); and by Third Amendment to Amended and 24 Restated Agreement, which was effective on October 21, 2010 (R -2010- 1761); and 25 26 WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal 27 Cooperation Act of 1969," authorizes local government units to enter into agreements to 28 cooperate with other localities to best serve the needs of the local communities; and 29 30 WHEREAS, such Fourth Amendment to the Amended and Restated Interlocal 31 Agreement has been prepared and is attached hereto as Exhibit "A "; and 32 33 WHEREAS, the City Council deems approval of this Resolution to be in the best 34 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 35 Beach Gardens and the public at large. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 38 PALM BEACH GARDENS, FLORIDA that: 39 40 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 41 42 SECTION 2. The City Council hereby accepts and approves the Fourth Amendment to 43 the Amended and Restated Interlocal Agreement between the Village of North Palm Beach, 44 the Town of Lake Park, Palm Beach County, and the City of Palm Beach Gardens and 45 hereby authorizes the Mayor to execute the Agreement. 46 47 SECTION 3. This Resolution shall take effect immediately upon adoption. 48 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PASSED AND ADOPTED this day of ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY : R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY Resolution 28, 2011 2011. CITY OF PALM BEACH GARDENS, FLORIDA Am David Levy, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS\2011 \Resolution 28 2011- nboz interlocal agmt - 4 amend.doc Page 2of2 Resolution 28, 2011 EXHIBIT "A" 4 FOURTH AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, TOWN OF LAKE PARK, AND PALM BEACH COUNTY THIS FOURTH AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, TOWN OF LAKE PARK, AND PALM BEACH COUNTY (hereinafter referred to as "FOURTH AMENDMENT') is made and entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM "), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS "), the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARK "), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter "COUNTY") (hereinafter collectively referred to as "Participants "); and WHEREAS, the Participants previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referred to as "Task Force ") on September 2, 1997 (R -97 -1156) (hereinafter referred to as the "Agreement "); and WHEREAS, said Agreement was subsequently amended by the First Amendment to Agreement, which was effective on August 20,1998 (R- 98- 1378D) and by the Second Amendment to Agreement, which was effective on August 22, 2000 (R- 2000 - 1182); and 1 WHEREAS, the Agreement was subsequently replaced in its entirety by the Amended and Restated Agreement, which was effective on February 26, 2004 (R -2004- 0394) (hereinafter referred to as "Restated Agreement "); and WHEREAS, the Restated Agreement was subsequently amended by the Amendment to Amended and Restated Agreement, which was effective on September 13, 2005, and the Second Amendment to the Amended and Restated Agreement, which was effective on May 6, 2006 (R- 2006 - 0866); and WHEREAS, the Restated Agreement as amended by R- 2006 -0866 provides in Part 1, Section 6 that the term of the Agreement continues through September 30, 2010, but may be extended by written instrument of the Participants; and WHEREAS, the Restated Agreement as amended by R- 2010 -1761 provides in Part 2, that the term of the Agreement continues through September 30, 2011, but may be extended by written instrument of the Participants; and WHEREAS, the Participants have determined it is appropriate to extend the Agreement for a period of five years. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, NORTH PALM, the GARDENS, LAKE PARK, and the COUNTY hereby extend the term of the Agreement as follows: Part 1. The facts, statements, and recitals heretofore set forth are true and correct and are hereby incorporated in this FOURTH AMENDMENT by reference. Part 2. This Agreement shall continue through September 30, 2016, but may be extended by written instrument of the Participants. 2 Part 3. This FOURTH AMENDMENT may be executed in counterparts. Part 4. Except as expressly set forth herein, all terms and conditions in the Restated Agreement and any previous amendments thereto shall remain in full force and effect. Part 5. This FOURTH AMENDMENT shall become effective upon filing a fully executed FOURTH AMENDMENT with the Clerk of the Circuit Court of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed this day of ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max L3*fnffn, City Attorney 3 .2011. CITY OF PALM BEACH GARDENS David Levy, Mayor ATTEST: VILLAGE OF NORTH PALM BEACH By: Village Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Village Attorney ATTEST: By: Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney ATTEST: 0 Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney TOWN OF LAKE PARK Mayor BOARD OF COUNTY COMMISSIONERS PALM BEACH COUNTY, FLORIDA G:\ WPDATA \LANDUSE\RBANKS\zoning \NBTF fourth amendment.doc 5 Karen Marcus, Chair Rm- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 Resolution 29, 2011 Subject/Agenda Item: Approve an Interlocal Agreement with Northern Palm Beach County Improvement District for the National Pollutant Discharge Elimination System (NPDES) Third -Term Permit [X] Recommendation to APPROVE [ l Recommendation to DENY Reviewed by: Originating Dept.: Costs: $18.824.00 Council Action: Community Services (Total) Engineering Divisi CitAa—x��n, y [ ] Approved $18,824.00 d ngle City EngirTeer Current FY [ ] Approved w/ Conditions R. Esq. [ ] Denied Advertised: NA Finance Ad in trator Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Allan Owens Paper: [ ] Other • Resolution 29, 2011 - Interlocal [ x ] Not Required Agreement Submitted by: De artm n Direc J. 1E. Do Deputy City Manager Affected parties [ ] Notified Budget Acct. #: 001.3040.541.3170 Approved by: City Manager 2, [ Not required Ronald Per is Meeting Date: June 2, 2011 Resolution 29, 2011 Page 2 of 2 BACKGROUND: The Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) is a federal program designed to reduce stormwater pollutant discharges to receiving waters of the United States. In 1987, the United States Environmental Protection Agency (EPA) was required under the Clean Water Act to establish final regulations governing stormwater discharge permit application requirements related to the NPDES program. In 1990, the Federal Register indicated that the Palm Beach County area was to begin compliance with the program. In 1997, the first five- (5) year permit was issued to Palm Beach County's forty (40) co- permittees. Subsequently, the second term permit was issued in November 2002. The County has a cooperative program now involving thirty -nine (39) co- permittees (municipalities, Palm Beach County, and special districts), the Florida Department of Environmental Protection, and the EPA. Northern Palm Beach County Improvement District (NPBCID) acts as the lead permittee for Palm Beach County. A Steering Committee was formed in 1991 to coordinate and facilitate joint activities within the Palm Beach County MS4 NPDES program. NPBCID and the City of Palm Beach Gardens entered into an Interlocal Agreement dated August 21, 1997, as well as a First Amendment for Extension of Term of the NPDES Interlocal Agreement dated May 30, 2002 for NPDES Permit No. FLS000018. The City renewed the Interlocal Agreement with NPBCID forthe second time on June 5, 2003, when the Second -Term NPDES Permit was issued. At this time, the City wishes to enter into an interlocal agreement with NPBCID for the NPDES Third - Term - Permit. The current cost to the City to participate in this program is $18,824.00 annually. By entering into this Interlocal Agreement, the City shares in joint administration costs, as well as other responsibilities associated with the NPDES permit, and benefits from the shared funding and obligations with other co- permittees. STAFF RECOMMENDATION: Staff recommends approval of Resolution 29, 2011 as presented. RESOLUTION 29, 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) THIRD -TERM PERMIT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 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 that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Northern Palm Beach County Improvement District (NPBCID) and the City of Palm Beach Gardens entered into an Interlocal Agreement dated August 21, 1997, a First Amendment for Extension of Term of National Pollutant Discharge Elimination System (NPDES) Interlocal Agreement dated May 30, 2002, and an Interlocal Agreement for the Second -Term Permit dated July 18, 2003; and WHEREAS, the City wishes to enter into an Interlocal Agreement with NPBCID for the Third -Term Permit, which agreement has been prepared and is attached hereto as Exhibit "A "; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby accepts and approves the Interlocal Agreement with the Northern Palm Beach County Improvement District for the Third -Term Permit, and hereby authorizes the Mayor to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: AN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY WA R. Max Lohman, City Attorney PIeig kWO7 01 "T''1 VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY Resolution 29, 2011 day of , 2011. CITY OF PALM BEACH GARDENS, FLORIDA : David Levy, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS\2011 \resolution 29 2011- interlocal agmt - npbcid - npdes.doc Page 2 of 2 7 7/ 11 Resolution 29, 2011 EXHIBIT "A" NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement ") is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 359 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as the "Lead Permittee "), and CITY OF PALM BEACH GARDENS (hereinafter referred to as "the Co- Permittee "). WITNESSETH: WHEREAS, the United States Environmental Protection Agency (hereinafter referred to as "EPA ") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System ( "NPDES ") Permit No. FLS000018 (with it and all such subsequent permits being hereinafter referred to as the "MS4 NPDES Permit ") to approximately forty (40) governmental entities designated as the Palm Beach County- Municipal Separate Storm Sewer System ( "MS4 ") Permittees (hereinafter referred to jointly as the "Permittees "); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to the MS4 NPDES Permit to the Florida Department of Environmental Protection ( "FDEP "); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and WHEREAS, FDEP Rule 62- 4.052, F.A.C., implemented an annual regulatory program and also set fees to effect the legislative intent that FDEP's costs for administering the NPDES Permit be borne by the regulated entities; and WHEREAS, at or before the expiration of each MS4 NPDES Permit, the Pennittees must file a re- application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term; and WHEREAS, the MS4 NPDES Permits granted by FDEP to the Permittees contain separate obligations and responsibilities for each individual Permittee, as well as obligations and responsibilities that may be performed jointly by the Permittees; and WHEREAS, due to the number of Permittees and the tasks that must be performed pursuant to each MS4 NPDES Permit, it would be more economically and administratively feasible to allocate duties, responsibilities, and costs associated with the MS4 NPDES Permits pursuant to individual interlocal agreements between each Co- Permittee and the Lead Permittee; and WHEREAS, the Permittees previously established a 7- member Steering Committee comprised of 2 representatives of large municipalities, 2 representatives of smaller municipalities, 1 representative of special districts, 1 representative from Palm Beach County, and the Lead Permittee, which Committee will continue to coordinate the joint activities required under the MS4 NPDES Permit, including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute each MS4 NPDES Permit; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I, Florida Statutes, as amended, to enter into this Agreement and do hereby adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9), Section 163.01, Florida Statutes. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, as amended, the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter into this Agreement and represent, covenant, and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. Recitals. The recitals and representations as set forth hereinabove are true and correct to the best of the knowledge of the parties and are incorporated herein by this reference. SECTION TWO DESIGNATION OF PARTIES 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and each MS4 NPDES Permit. 2.02. Co- Permittee. The City of Palm Beach Gardens is hereby designated as a Co- Permittee for the purposes of this Agreement and each MS4 NPDES Permit. SECTION THREE TERM OF AGREEMENT 3.01. Agreement Term. The term of this Agreement begins as of the date it is signed by the last of the parties, and shall continue from year to year, subject to the annual Funding Year (as hereinafter defined) renewal process set forth in following Section 3.03, unless otherwise terminated in accordance with other provisions of this Agreement. The parties to this Agreement shall undertake a mutual review of this Agreement during the final year of the term of each Permit. 3.02. Funding Year. The term "Funding Year" is defined as a fiscal year beginning on October 1 and ending on September 30. 3.03. Renewal. This Agreement shall be automatically renewed as of the beginning date of each Funding Year and continue in full force and effect from Funding Year to Funding Year, unless: (i) a party to this Agreement provides written notice of non - renewal to the other party at least thirty (30) days prior to the end of the then - current Funding Year, or (ii) the Agreement has been previously terminated as provided herein. 2 SECTION FOUR SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 4.01. Allocation of Duties and Obligations (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Exhibit "A" which is attached hereto and incorporated herein (the "Lead Permittee Services "). The Lead Permittee Services may be revised from time to time as required by the MS4 NPDES Permit. Any such revisions shall be agreed to in writing by the Co- Permittee and incorporated into Exhibit "A" and made a part of this Agreement. All revisions to Exhibit "A" shall be attached sequentially to the original Agreement so that all modifications to the Lead Permittee Services that occur over time may be determined. (ii) The Co- Permittee shall be responsible for such other duties and obligations which are specifically identified as being its individual responsibility in the MS4 NPDES Permit. 4.02. Modifications to MS4 NPDES Permit In accordance with Section 403.067, Florida Statutes, NPDES permits must be consistent with the requirements of adopted TMDLs. A MS4 NPDES Permit may be reopened and revised during its term to adjust effluent limitations or monitoring requirements should future adopted TMDL, water quality studies, FDEP- approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement. It is understood and agreed that any other changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of this Agreement are expressly excluded from and not a subject of this Agreement unless and until incorporated herein by written agreement of the parties. SECTION FIVE BUDGET AND FUNDING 5.01. Administrative Procedures. The procedures to be followed by the Lead Permittee regarding the collection, management and disbursement of the Co- Permittee payments are set forth in a resolution titled "Resolution of the Board of Supervisors of Northern Palm Beach County Improvement District Approving the NPDES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds" (the "Resolution), which was adopted by the Lead Permittee, a copy of which is attached hereto as Exhibit "B." Section 2 of the Resolution incorporates by reference the " NDPES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds" (the "Procedures) which are incorporated into this Agreement and are to be followed by the parties to this Agreement. 3 The Resolution and the Procedures may be amended from time to time upon the approval of the NPDES Steering Committee and the Lead Permittee. However, the Co- Permittee shall be given a minimum of 60 days advance written notice of any proposed amendments to the Resolution or the Procedures, and shall be afforded the opportunity to offer comments to the Lead Permittee and /or the NPDES Steering Committee prior to any action being taken on said proposed amendments. Any amendment that is incorporated into this Agreement shall also be agreed to in writing by the Co- Permittee. 5.02. Annual Budget. Since this Agreement is anticipated to be renewed for a number of Funding Years, the parties acknowledge that it is not in their respective best interests to project the potential costs the Lead Permittee may be required to incur for future Funding Years in order to carry out the Lead Permittee Services. Therefore, the parties agree to arrive at a mutually acceptable payment amount on a per Funding Year basis in order to more accurately calculate the amount that will be required to be paid by the Co- Permittee to the Lead Permittee for the provision of Lead Permittee Services during each Funding Year. 5.03. Prior Funding. The parties agree that any surplus funds previously paid by the Co- Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with the Lead Permittee involving a MS4 NPDES Permit shall be applied to and used for the provision of Lead Permittee Services during the next Funding Year period. 5.04. First Funding Year Payment. In addition to the surplus funds referenced in Section 5.03 above, the parties agree that for the upcoming 2011/2012 Funding Year, the Co- Permittee has paid the Lead Permittee the sum of EIGHTEEN THOUSAND EIGHT HUNDRED TWENTY - FOUR AND NO /100 ($18,824.00) DOLLARS, which sum represents payment of both the Lead Permittee's Services for the upcoming Funding Year of this Agreement and the ten percent (10 %) Reserve Fund Contingency required pursuant to Section 5.05. 5.05. Reserve Contingency. The parties acknowledge that each Funding Year payment will include a ten percent (10 %) reserve fund contingency (the "Reserve Fund Contingency ") for unexpected additional costs and expenses incurred in the preparation and implementation of a MS4 NPDES Permit. 5.06. Current Funding. The parties believe that the funding specified in above Section 5.04 will be sufficient to satisfy the current MS4 NPDES Permit requirements for the 2011/2012 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 6.03 are incurred. 5.07. Future Funding Year Payments. The parties: (i) acknowledge that on or before January 31, 2011, the Lead Permittee provided a budget to the Steering Committee of the amount the Permittees will each be requested to pay during the next Funding Year, and (ii) agree that all subsequent Funding Year budget estimates will be provided on or about January 31 st of each following year. The Lead Permittee and Co- Permittee shall have until July 31" of each year to arrive at a mutually acceptable dollar amount to be paid by the Co- Permittee to the Lead Permittee for the 4 immediately upcoming Funding Year, which shall be paid pursuant to Section Six of this Agreement. If the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 5.08. Final Funding Year of a MS4 NPDES Permit Term. It is assumed that during the last Funding Year of the term of each MS4 NPDES Permit, the Permittees and FDEP will commence to negotiate the provisions of the next MS4 NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, each party's duties and obligations hereunder, together with the funding process for provision of Lead Permittee Services, will be reexamined during the last Funding Year of the term of each MS4 NPDES Permit. 5.09. Separate Co- Permittee Expenses. In addition to the payments required to be paid by the Co- Permittee to the Lead Permittee pursuant to Sections 5.03 through 5.07, the Co- Permittee shall be responsible for all other costs and expenses relating to its individual duties and obligations under a MS4 NPDES Permit, including, but not limited to: (1) all costs of the Co- Permittee's preparation and submittal of such of its own individual annual report(s) that may be separately required by a MS4 NPDES Permit, (2) costs of all monitoring that may be the Co- Permittee's individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all necessary data that may be individually required of the Co- Permittee by a MS4 NPDES Permit, and (4) all other costs of carrying out any other individual responsibility of the Co- Permittee according to the requirements of a MS4 NPDES Permit. SECTION SIX PAYMENT PROCEDURE The Co- Permittee agrees to pay each of its Funding Year payments as follows: 6.01. First Funding Year. The First Funding Year payment for the current MS4 NPDES Permit Term will be paid in either a single lump sum payment on or before November 15, 2011 or in twelve (12) equal monthly installments commencing on October 15, 2011, and thereafter on the 15th day of each subsequent month during the First Funding Year (such payment dates being hereinafter referred to as "Payment Due Date(s) "). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein may be utilized by the Co- Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First Funding Year. 6.02. Subsequent Funding Year Payments. Once a Funding Year payment amount has been agreed upon, the Co- Permittee may, at its option, pay the entire agreed -upon amount in a single lump sum on or before November 15 of that particular Funding Year, or in twelve (12) equal monthly installments commencing on October 15th of that Funding Year and thereafter on the 15th day of each subsequent month during that Funding Year (such payment dates also being hereinafter referred 5 to as "Payment Due Date(s) "). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein may be utilized by the Co- Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. 6.03. Additional Costs. Since it is possible that following the parties' agreement as to a particular Funding Year's payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services for that Funding Year, the parties agree as follows: (i) If the Lead Permittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services, the Lead Permittee shall promptly notify the Co- Permittee, in writing, of the nature and estimated amount of the Co- Permittee's allocable share of these unexpected additional costs and expenses, as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's Reserve Fund Contingency in order to pay said Co- Permittee's allocable share of the unfunded and unexpected additional costs and expenses. (ii) If the Co- Permittee's allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co- Permittee's Reserve Fund Contingency account, the Lead Permittee shall address the need for such excess amount in the above subparagraph (i) notice to the Co- Permittee. The Lead Permittee and Co- Permittee shall then attempt to negotiate a payment procedure for the unfunded and unexpected additional costs and expenses. (iii) If the Lead Permittee and Co- Permittee agree as to the need and amount of the unfunded and unexpected additional costs and expenses, their agreement shall be reduced to writing. The agreed upon unfunded and unexpected additional costs and expenses shall be paid either by a lump sum payment within thirty (30) days of their agreement in writing or divided by the remaining months of that particular Funding Year and paid to the Lead Permittee in equal monthly installments for the remainder of the subject Funding Year. (iv) If the Lead Permittee and Co- Permittee are not able to timely agree as to the need and /or amount of the unfunded and unexpected additional costs and expenses, the Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co- Permittee. 6.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties hereto, if a Funding Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30) days of a Payment Due Date, the duties and obligations assumed by the Lead Permittee under the terms of this Agreement may be suspended and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co- Permittee unless cured by the Co- Permittee by payment in full of the omitted payment within said thirty (30) day notice time period. lJ 19r- SECTION SEVEN OPTION TO TERMINATE 7.01. Termination. Either party to this Agreement shall have the right to terminate this Agreement at will and without cause, provided that the party wishing to terminate the Agreement must provide thirty (30) days prior written notice to the other party of said terminating party's decision to terminate this Agreement. Said termination shall not be effective until said thirty (30) day prior notice period has elapsed (the "Termination Date "). In addition to the aforementioned termination rights, the Agreement may be terminated as provided in Sections 5.07, 6.03(iv), and 6.04. 7.02. Effect of Termination. In the event of termination of this Agreement by the Co- Permittee, the Co- Permittee shall thereupon be individually and solely responsible for all requirements of the applicable MS4 NPDES Permit which are designated therein as the individual responsibility of said Co- Permittee. Thereafter, the Lead Permittee and other Permittees shall not be responsible for said terminating Co- Permittee's individual obligations under the applicable MS4 NPDES Permit. 7.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement or in the event of a failure to pay by the Co- Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due and owing and the right to collect said amount(s) shall survive termination of this Agreement. 7.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into contracts with one or more consultants or contractors for the provision of services required in order for the Lead Permittee to provide some or all of its Lead Permittee Services. Since the Co- Permittee's payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, the Co- Permittee will not be entitled to receive a refund from the Lead Permittee for any monies that the Co- Permittee has previously paid pursuant to this Agreement unless the Lead Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement. In that event, the Lead Permittee shall be obligated to reimburse the Co- Permittee for its allocable share of the amount of such reduction in costs and expenses. 7.05. Documentation and Data. In the event this Agreement is cancelled or terminated, all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co- Permittee. 7 SECTION EIGHT ENFORCEMENT, VIOLATIONS, AND /OR DEFAULT 8.01. Enforcement. The designation herein of the Lead Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the applicable MS4 NPDES Permit as to the other party. 8.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of its sovereign immunity rights or of the liability limits established in Section 768.28, Florida Statutes. 8.03. Dispute Resolution Process. Any dispute or conflict between the parties that arises from any of the terms or conditions of this Agreement, including any exhibits thereto, shall be presented in writing by the complaining party to the other party. The parties' representatives shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process per Ch. 164, F. S., or litigation or any other formal dispute resolution process. SECTION NINE MISCELLANEOUS PROVISIONS 9.01. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated (including telex, facsimile, telegraphic, or electronic mail (e -mail) communication) with confirmation of receipt, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to Lead Permittee: Northern Palm Beach County Improvement District 359 Hiatt Drive Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone: (561) 624 -7830 Fax: (561) 624 -7839 With a copy to: Betsy S. Burden, Esq. Caldwell Pacetti Edwards Schoech & Viator LLP One Clearlake Centre 250 South Australian Avenue, Suite 600 West Palm Beach, Florida 33401 Phone: (561) 655 -0620 Fax: (561) 655 -3775 As to Co- Permittee: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Attn: City Manager Phone: (561) 799 -4110 Fax: (561) 799 -4111 9.02. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 9.03. Construction. The preparation of this Agreement is considered a joint effort of the parties and accordingly this Agreement shall not be construed more severely against one of the parties than the other. 9.04. Discrimination. The Lead Permittee and the Co- Permittee agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 9.05. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 9.06. Assi ng ability. The responsibility for carrying out any task assumed by a party to this Agreement, but not the obligation to pay, may be assigned by the party upon receipt of written approval from the other party, which approval shall not be unreasonably withheld. 9.07. Severability• If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible, unless the prohibited or invalid provision reduces the payment obligations of the Co- Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. 9.08. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 9.09. Headings. dings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. E 9.10. Remedies. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 9.11. NPDES Permit. If there is any inconsistency between the terms of this Agreement and the applicable MS4 NPDES Permit, then the applicable MS4 NPDES Permit shall preempt, supersede, and control the provisions of this Agreement. 9.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9.13. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. 9.14. Termination of Prior Agreements. All previous interlocal agreements entered into between the parties to this Agreement regarding the application or execution of a MS4 NPDES Permit shall terminate as of the Effective Date of this Agreement. 9.15. Effective Date. This Agreement shall be effective as of the date it is filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. (Balance of Page Intentionally Left Blank.) 10 IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereafter written. EXECUTED by Lead Permittee this day of ATTEST: By: Secretary [DISTRICT SEAL] EXECUTED by Co- Permittee this ATTEST: I'm Patricia Snider, CMC, City Clerk [SEAL] APPROVED AS TO FORM LEGAL CY / Max VgWn, City Attorney 11 2011. NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By: _ Print: Title: day of 2011. CITY OF PALM BEACH GARDENS By: _ Print: Title: EXHIBIT "A" LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLS000018 are generally as follows: I. The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities required by the Permit. II. The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. III. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV. The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part III.A.6, Part III.A.7.e. and Part III.A.71 as approved by the NPDES Steering Committee. V. The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.6, Part III.A.7.c, Part III.A.7.d., Part III.A.9.b, and Part III.A.9.c of the MS4 NPDES permit, as approved by the NPDES Steering Committee. VI. The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the MS4 NPDES Permit. VII. The timely preparation, coordination, and execution of a monitoring program required by Part V.B. of the MS4 NPDES Permit. VIII. The timely coordination, assessment, monitoring, and execution of activities associated with FDEP's Total Maximum Daily Load (TMDL Program) as required by Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X. The timely remittance of all necessary permit fees to FDEP, subject to the timely and sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District, which revisions shall be incorporated herein and made a part of this agreement. (Balance of Page Intentionally Left Blank.) EXHIBIT "B" RESOLUTION NO. 2011-04 RESOLUTION OF THE BOARD OF SUPERVISORS OF NORTHERN PALM BEACH COUNTY WROVE C NT DISTRICT APPROVING THE NPDES STEERINO COMMITTEE ADMINISTRATIVE PROCEDURES FOR COLLECTION, MANAGEMENT AND DISBURSEMENT OF NPDES INTERLOCAL AGREEMENT FUNDS. WHEREAS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ("Northern") is an independent special district duly organized and validly existing under the Constitution and the Laws of the State of Florida, including applicable provisions of Chapter 298, Florida Statutes, and Chapter 39 -994, Laws of Florida, as amended and/or supplemented; and WHEREAS, the United States Environmental Protection Agency issued its National Pollutant Discharge Elimination System Permit No. FLS000018 (the "MS4 NPDES Permit") which is applicable to a number of governmental entities located in Palm Beach County, including Northern; and WHEREAS, the Co- Permittees who make up the governmental bodies subject to the NPDES Permit have nominated and appointed Northern as the "Lead Permittee " for the purposes of assisting all Co- Permittees in the collection of general data required to be collected pursuant to the MS4 NPDES Permit and submission of reports to the Florida Department of Environmental Protection and the United States Environmental Protection Agency; and WHEREAS, the Lead Permittee, Northern, is entering into separate I terIocal or Joint Participation Agreements with each of the Co- Permittees, which Agreements set forth the parties' respective duties and obligations regarding fulfillment of the terms and conditions of the MS4 NPDES Permit; and WHEREAS, a severs member NPDES Steering Committee has been selected by the Co- Permittees, which Steering Committee is comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts, one (1) representative for Palm Beach County, and the Lead Permittee; and WHEREAS, on January 19, 2411 the NPDES Steering Committee, in order to provide a level of accountability and fiscal control for the benefit of all NPDES Co- Permittoes as it relates to the Intedocal and/or Joint Participation Agreements being entered into between Northern and each Co- Permittee, adopted Administrative Procedures for the collection, management and disbursement of NPDES Interlocal Agreement Funds, a true and correct copy of which is attached hereto and identified as the NPDES Steering Committee Administrative Procedures; and WHEREAS, Northern has been requested to adopt and comply with the aforementioned NPDES Steering Committee Administrative Procedures for purposes of admIni — ag the Amds to be paid to it pursuant to each NPDES Interlocal or Joint Participation Agreement. NOW, nIEREFORE, be it resolved by the Board of Supervisors of Northern Palm Beach County Improvement District as follows: 1. Northern Palm Beach County Improvement District does hereby adopt and agree to comply with the temps and conditions of the NPDES Steering Committee Administrative Procedures. 2. That Nott m Palm Beach County Improvement District does hereby incorporate by reference the NPDES Steering Committee Administrative Procedures into each NPDES to docal and/or Joint Participation Agreement that it eaters into with a Co- Pcrmittee. 3. All resolutions br parts of resoiutiow in conflict herewith are hereby repealed. 4. This resolution shall Wee affect immediately upon its adoption. ajiiS: "SOLUTION ..FEBRLi4t , 2011. PASSED AND WAS ADOPTED THE 23RD DAY OF (DII TRICr SEAL) NORTHERN PALM BEACH COUNTY IMPR DISTRICT A AMsnr: BY: O'Neal Jr., Ronald M Ash, Pr+esideat NPDES STEERING CO1uQvIlME AD164INISTRATTVE PROCEDURES FOR COLLECTION, MANAGEMENT AND DISBURSEMENT OF NPDES IN ERLOCAL AGREEMENT FUNDS The NPDES Steecirtg Cow (winch is comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) repeeaentative of special districts, one (1) representative for Palm Beach County, and the Dead Permittee), has adopted the following administrative procedures in order to provide a level of aceountabillty and fiscal control for the bent of the NPDES Co- Permittees. Tee administrative procedures adopted by the Steering Committee are as follows: 1. Alternative NPDES laterlocal Agent En)m= Schedules. In addition to the two (2) payment options at forth in Paragraphs 6.01 and 6.42 of the NPDES Interlocal Agreement, a Co•Permittee shall also be entitled to elect to pay the annual Funding Year payments on an equal quarterly installment basis. If this additional payment option is selected by a Co- Permittee, the quarterly payments for the First Funding Year an required to be paid on or before October 1, 2010, January 1, 2011, April 1, 2011 and fitly 1, 2011, with all fire Funding Year quarterly payments to be paid in accordance with the same quarterly payment schedule. NPBCID will be issuing one (1) invoice to each Co- Permittee for its annual Funding Year payment amount, following which the Co- Penmitte a $ball then have thirty (30) days from the dew of receipt of the invoice within which to select one of the three (3) payment options and to make its initial payment in accordance with the option so selected. (A) A quarterly income and di*ursament report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty -five (45) days following the end of each Funding Year quarter and theteaft distributed by the Steering Committee to the representative(s) of each Co-Pamittee as identified in the NPDES Interlocal Agreements. (B) The quarterly income and disbursement report shall be prepared by NPBCIU in accordance with the format set forth in attached Attachment "A." 3. Bode,ems,Acxiov dU 12gaumenigtigg. A quartesly budget aecourofg report shall be prepared by NPBCID. The repot shall be delivered to the Steering Committee within forty-five (45) days following the end of each Funding Year quarter and thereafter distributed by the Steering Committee to tie r!epresantative(s) of each Co-Permittee as identified in the NPDES Interlocal Agreement. 111W , _ — 4. RL%m Ewd CentW=gy is ait�e, Prior to any expenditures by �.P m r� ,...c.�f �, A NPBCID of Ainds contained in the Reserve Fund Contingency account identified in the NPDES lnterlocal Agr=iant, NPBCID shall be required to subject its request to the Steering Committee members and receive approval framt a supevmjority of at least five (5) of the Stewing Committee members, S. Uric Addi gjW Guru and EgaM Prior to NPBCID incurring an obligation that will require a Co- Permittee to pay unexpected additional costs and expenses exceeding the amount hold in the Reserve Fund Contingency, NPBCID shall be required to submit to the Steering Committee the nature of the event and the amount of the unexpected additional cost and expense. Upon receipt of such notification, the Steering Committee shall present the matter to the Co- Permittees at the next regularly scheduled Steering Committee NPDES meeting (unless it is an agcy matter in which evert a special meeting will be promptly scheduled and note given to all Co- Perrnittees) for d�ioa and vote by those reposentativos of the Co- Pexmittees present at the meting. An affirmative vote by a simple majority (Le, over #iffy percent) of those representatives of the Co- Pwmi#= present at the meeting (with only one (I) reps entative of each Co- Parnitt e, being entitled to vote on the matter at issue) wi'il be required before NPBCID is authorized to inner the subject unexpected additional costs and expenses. 6. NEE Ind A,g=menl Bud gAd ,prior EmM. All future NPDES Interlocal Agroarimm Funding Year budgets shall be adopted in accordance with the following procedure. (A) On or before March la of each Funding Year, NPBCID shall prepare and present to the Steering Committee a proposed budget for the next Funding Year. (B) The Steering Committee shall consider the proposed next Funding Year budget at a regular Steering Committee meeting and open the matter to discussion by those Co -Perm ttee representatives present and attending the meeting. (C) Adoption of the next Funding Year's budget shall require the approval of a super majority of at least five (5) members of the Steering Committee, (D) As a part of the Steering Committee's consideration of the next Funding Year's budget and cd culatkm of each Co-Pwrnittee's allocable share and responsibility for the funding of the budget, the Steering Committee may consider the application of say existing surplus !lands as a credit towards each Co- Pernrittee's allocable herding shares. "Surplus fiends" for the purpose of this administrative guideline may include unmcpended and unencumbered present Funding Year funds or Reserve Fund Contingency amounts, piths accrued interest *mean, if any. (E) The Steering Co miutm sW also be Z+gmmNe for anmvbi& by a simple majority of those Steering Committee members its att!lt d=c 4woW fed thug Is a quonp) at a Sneering Committee meebin& line item budget Usulem APPROVED AND ADOPTED THIS 19M DAY OF JANUARY, 2411. �J�I u_� _ .► M_ NPDES QUARTERLY INCOME AND DISBURSEMENPP REPORT FISCAL YEAR FOR PERIOD TO CASH ON HAND Id&W REVENUL• TO AGREEMENT FEES TOTAL REVENIMS TOTAL CASK AND REVENUES AVAIL FOR EXPZNDffURES F.X!'END17V ES PAID DURING W EN0041ERiNG OTHER PROFESSIONAL FEES MISCELLANEOUS EUWSES GOVERNMENTAL RE131STRATION FEES LEGAL TOTALEMNDMMS RESERVE FOR CONTINGENCIES • • • 11AC &P Clients \Northern \NPDES\Agreements \Third Term Interlocal Agreements\GENERAL INTERLOCAL AGREEMENTS \City of Palm Beach Gardens S.doc CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 Resolution 32, 2011 Subject/Agenda Item: Declaration of Personal Property as Surplus Property to be Sold by Public Auction [X] Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: Originating Dept.: Costs: 0.00 Council Action: Community Services (Total) City Attorney [ ] Approved 9A 0.00 We Morrow Current FY [ ] Approved w/ Operations Director Conditions [ ] Denied R. ax hman, Esq. Advertised: NA Funding Source: Finance Administrator [ ] Continued to: Date: [ ] Operating Attachments: Allan Owens Paper: [ ] Other • Resolution 32, 2011 - Exhibit "A" [ x ] Not Required Declaration of Surplus Assets List Submitted by: Depart nt J. E. ghn Depu Affected parties [ )Notified Budget Acct. #: N/A Approved by: City Manager [ x ] Not required Ronald . F ris Meeting Date: June 2, 2011 Resolution 32, 2011 Page 2 of 2 BACKGROUND: Staff wishes to declare certain items of personal property that are obsolete or serve no useful function as surplus property and authorizes their sale at public auction. Staff has also determined that the disposal of surplus property by public auction is in the best interest of the City. STAFF RECOMMENDATION: Staff recommends approval of Resolution 32, 2011 as presented. RESOLUTION 32, 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City desires to declare certain items of personal property that are obsolete and /or serve no useful function as surplus property and authorizes their sale at a public auction; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby declares those items listed in Exhibit "A ", attached hereto and incorporated herein, to be surplus property and authorizes the sale of such items at public auction. SECTION 3. The City Manager is hereby authorized to execute any title certificates or other documentation necessary to effectuate a transfer of title. SECTION 4. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 32, 2011 PASSED AND ADOPTED this day of , 2011. ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS\2011 \resolution 32 2011 - surplus items.doc Page 2 of 2 C 10' lIrla-111A0 Resolution 32, 2011 EXHIBIT "A w C C C C C C C C C C C C C C C C c C C C C C c v vmi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N Y Y N i+ Y Y Y Y Y Y '+ Y Y Y Y Y Y Y Y Y CL u u u u u u u u u u u u u u u u u u u u u u eli 3 3 3 3 3 3 3 3 3 7 3 7 3 3 3 3 3 3 3 3 3 3 3 o a a a a a a a a a¢ a a a a a a a a a a a a a W L L L L L L L L L L L L L L L L L I- O L L L L L 00 00 O C) O LA 00 01 Y m m m m m m m m m m m m m m m m m 00 O m m m m m V ar Y ai Y a Y ai Y v Y v Y v Y v Y v Y v Y ai Y Qi Y v Y v Y O Y v Y v Y v Y ar Y ar Y v Y v ai Y Y a a a a a a a a a a a a a a a a a a a m m a a aoa�vvuvv�vc�uc�uvvav33 c c c c c c c c c c c c c c c c c c c c c c c LL O m m m m m m m m m m m m m m m m m m m m m m m u- O L m L m L m L m L m L m L m L m L m L m L m L m L m L m L m L m L m L m L m L m L m L L m m N N O m ,..� N N N N N N N N N N N N N N 00 01 N O .-I N to 01 M 0o LLD LD l0 Ln oo ' i 0o r-I O O 00 01 M LD r-I N O I, I, n N n n n oo M N N V LO V M V N N LO O V V 01 00 ri r-I N LO r-I N Ln O M N -1 N r-I -1 N Ln N N N O Ln Ln Ln V N LO L/1 00 O m m m m M O q r-' N O O O un m 00 00 Ln r m L/1 O Ln r-1 N r-I r-1 ri .-1 r-I r o m m m m m m m m m m m m m m m m m m m m m m m a E E E E E E E E E E E E E E E E E E E E E E E Q L 0 L 0 L 0 L 0 L O L O o L 0 L 0 L 0 L O0 a i L 0 L 0 0 L0 L O LO L 0 L 0 L 0 L L 0 0 N c c c c c c c c c c c c c c c c c c c c c c c w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O N Y v 3 Y ai 7 Y v 3 V v 7 Y a 3 Y v 3 Y v 7 Y Q% 3 Y v 7 Y v 7 Y ai 3 Y v 3 Y v 7 Y v 3 Y v 3 Y v Y Qi 3 Y v 3 Y v 3 Y v 3 Y v 3 Y Y v a� 3 3 m a v a v a 'O -0 'O -o -o 'G a -0 -0 a -0 -0 "O 'O a -0 a a � v ai v v a ar v v ar ai 4% a ar ar ai v v v Qi Qi Qi v v .0 -0 -0 -0 -0 -0 -0 -0 .n -0 .Q -0 -0 -0 -0 -0 -0 m -0 -0 -0 m m m m m m m m m m m m m m m m m m m m m m m 01 w 01 N N 01 w w w 0 N N 01 w 0 w 01 w w w w w N U U Y U U U U U U U U V U U U U U U L.1 Y U Y GJ N 01 N GJ N GJ N of N 0J N 0 N 0J N v N 0 N 0 N N N 0 N 0 N 01 N 0 N 0) N 01 N 01 N 01 N 01 N 01 01 C C C C C C C C C C C C C C C C C C C C C N N C C w C C C C C C C C C C C C C C C C c C C C C C c v vmi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N Y Y N i+ Y Y Y Y Y Y '+ Y Y Y Y Y Y Y Y Y CL u u u u u u u u u u u u u u u u u u u u u u eli 3 3 3 3 3 3 3 3 3 7 3 7 3 3 3 3 3 3 3 3 3 3 3 o a a a a a a a a a¢ a a a a a a a a a a a a a W O N N LD 1l r-I -t 00 ID 00 N 'I O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I- O L/1 LD O O m m m m m W 00 00 00 00 O C) O LA 00 01 Y i0 N 00 of Ln i I, N n n n M w w m m m n F, W W 00 00 00 00 00 00 n n LD a LD 00 00 00 w t\ O C L M a P m m U r-I Obi u u u u u u u u u 00 O N t o V1 V?. 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[X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council Action: Director of P nning & Planning & Zoning: Accountant [ ] Approved Zoni Project M na r � g N/A [ ]App. w/ Conditions Sarah Varga [ ] Denied a i M. Wong, A //I1110/fil [ ] Continued to: hard arr r Wanner Fees Paid: N/A City Senior Funding Source: R. Wix L man, Esq. [X] Consent [ ] Quasi — Judicial [ ] Operating Development Compliance [ ] Legislative [X] Other N/A [ ] Public Hearing N/A Budget Advertised: Attachments: Bahareh Wolfs, AICP [ ]Required Acct. #: N/A • Resolution 35, 2005 [X] Not Required .Letter from Palm Beach County dated Resource Manager May 9, 2011 • Resolution 34, 2011 N/A - Exhibit "A" Allyson Black Interlocal Agreement Approved By: Affected parties: City Mana er tified [X] Not Required Ronald er s Meeting Date: June 2, 2011 Resolution 34, 2011 Page 2 of 2 EXECUTIVE SUMMARY The adoption of Resolution 34, 2011 would authorize the City's participation in the Palm Beach County Urban Program for fiscal years 2012, 2013, and 2014. This will enable the City to continue to access CDBG and HOME program funds administered by Palm Beach County. BACKGROUND The City has previously participated in the Urban County Program, which provides access to funds that are generally targeted to benefit persons and families who are deemed to be of low to moderate income. The U.S. Department of Housing and Urban Development (HUD) determines the amount of CDBG and HOME dollars Palm Beach County receives based upon participation by local municipalities and unincorporated areas of Palm Beach County. The City first entered into this Interlocal Agreement in 1999 for fiscal years 2000 through 2002, and subsequently re- adopted the Interlocal Agreement several times since then. Below is a summary of the description of the two (2) programs the City, and /or residents within the City, would be able to apply for and potentially be awarded grant monies. It is important to note that there is no cost to the City to participate in this program. Community Development Block Grant Pro -ram (CDBG) Some examples of CDBG- funded activities are the provision of public services to disabled persons, children, elderly persons, and the homeless; the implementation of capital improvement projects to help alleviate flooding in low -lying areas; provision of potable water, sidewalks, and recreation facilities to lower- income neighborhoods; and the provision of economic development assistance. Home Investment Partnership Program (HOME) The HOME Program provides affordable housing opportunities to very—low- and low - income residents of Palm Beach County. This is achieved through the implementation of various housing activities such as the Countywide Second Mortgage Subsidy Program, the Multi - Family Competitive Rental Program, and the American Dream Down- Payment Initiative Program (ADDI). This program is designed to assist eligible first -time homebuyers with the purchase of their first home that will be used as their principal place of residence. Financial assistance provided may be utilized as gap funding to buy down the purchase price; to rehabilitate an existing property (expending no more than $5,000); and /or closing costs. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 34, 2011 as presented. Date Prepared: February 23, 2005 1 RESOLUTION 35, 2005 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL 6 AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY FOR 7 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME 8 INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL 9 YEARS 2006, 2007, AND 2008; AUTHORIZING THE MAYOR AND CITY 10 CLERK TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council of the City of Palm Beach Gardens desires to cooperate with Palm Beach County for the purpose of implementing the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs through the Palm Beach County Urban County Program; and WHEREAS, an interiocal agreement with the County is required for the County to implement CDBG and HOME activities within a municipality; and WHEREAS, such interlocal agreement has been prepared and is attached; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement, which allows the County to expend CDBG and HOME funds for eligible activities within the City during fiscal years 2006, 2007, and 2008. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: February 23, 2005 Resolution 35, 2005 PASSED AND ADOPTED this 7� day of fflZ L , 2005. ATTEST: BY: Patncia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 2. Christine P. Tatum, City Attomey VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBERVALECHE COUNCILMEMBERBARNETT CITY OF PALM BE�01-11 9ARD,$VS, ( Jdstph R: TfuW, Mayor AYE NAY ABSENT rI G :%ttomey_sharelRESOLUTIONS%CDBG Urban County Pnogrann-reso 35 2005.doc 2 RIDA .. R2005 1205 INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF PALM BEACH GARDENS THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of Aw 11 .2005 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY ", and CITY OF PALM BEACH GARDENS, a municipality duly organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY ". WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act" 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, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended, that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WKMAS, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended; and WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional services necessary to implement the CDBG and HOME Programs during Federal Fiscal Years 2006, 2007, 2008; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department of Housing and Urban Development; and WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant and HOME Programs. NOW, 'THEREFORE, the parties hereby agree as follows: CITY OF PALM BEACH GARDENS required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking all professional and administrative services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obligations of an applicant. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assist in undertaking essential community development and housing assistance activities within the MUNICIPALITY; however, the COUNTY has final responsibility for selecting activities and annually submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act.of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and other applicable laws. The COUNTY shall not use CDBG or HOME funds for activities in or in support of any MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'S actions to comply with its fair housing certification. 5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply for grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years 2006, 2007, 2008; and may not participate in a HOME consortium except through the COUNTY. 6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance to, or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within jurisdictions. 7. The COUNTY, through its Department of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG or HOME activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 8. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements of a written agreement as described in 24 CFR 570.503. 9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification and/or change in the use of anv real mmnerty Omm that nlannrri at tho. timo of armiicitinn nr CITY OF PALM BEACH GARDENS attributable to expenditures of non -CDBG or non -HOME funds) of the property by the MUNICIPALITY. In the event of a close -out or change of status of the MUNICIPALITY, termination of this Agreement, or disposition and/or transfer of any property improved or acquired with CDBG or HOME funds, the COUNTY shall be reimbursed by the MUNICIPALITY any program income generated prior to or subsequent to said close -out, termination or change of status. 10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and the implementing program as outlined in the Annual Consolidated Plan, which governs the expenditure of CDBG and HOME funds. 11. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG and HOME entitlement funds and program income through Federal Fiscal Years 2006, 2007, 2008. The Agreement shall remain in effect until all CDBG funds, HOME funds and any program income received with respect to activities carried out during the three -year qualification period are expended, and the funded activities are completed, and that the COUNTY and MUNICIPALITY may not terminate or withdraw from the Agreement while it remains in effect. 12. This Agreement is contingent upon the COUNTY'S qualification as an "urban county" and award of funds under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended. 13. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. 15. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. Remainder of Page Intentionally Left Blank CITY OF PALM BEACH GARDENS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. ATTEST: SHARON R. BOCK, Clerk & Comptroller R2005 1205 ,M s 1 M PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS UNT y Cq� �. B = . 1 J 14 Deputy Clerk aasilotti, Chairman N.0. ' COUNT yi c' PtoAIDA , O Approved as to Form and Legal 'yi3O� proved as to Terms and Conditions Sufficiency: ept. of Housing and Community Development B: ammy K. Fields Senior Assistant County Attorney ST: ' -Patricia SWbr; CMC, City Clerk (SEAL) Approved as to Form and Legal Sufficiency: By Christine P. Tatum, City Attorney By- Planning & Economic Development CITY OF PALM BEACH GARDENS, a municipality duly organized by the laws of the State of Florida X ,1 r� CITY OF PALM BEACH GARDENS LEGAL CERTIFICATION BY PALM BEACH COUNTY As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. TammyX. fields, Senior Assistant County Attorney Palm Ileach County, Florida Ref: S:\2004_031Urbm County Qu&NCA 2006to08 Fotm.wpd Bossing and Cotamatdty Devd0powst rlooww lee ANWON A.ww - aW. ss00 Wirt PWt swot, PL 3306 FAX(MI)2U-MI mmslsnersu�f t PN.. soub Omit Can farm T. btaow. Chok 3hft VWA% Yips Chita P"ba su" straw L. Abn stet AWm imiL stranr6 Pritet3r A. T40w Meow - -- P.B. Ib ROW O WOMW May 9, 2011 Mr. Rai Fenis, City Manager The City of Palm Beach Gardens 10500 North Military Trail Pain► Beach Gardens FI,, 33140 IEAEIVED CrN OF PALM BEACH C:Alil)HN,f CITY MANAGP.R Re: Participation in the Urban County Program for FY 2012 -2014 Dear W. Faris: I am writing this letter to solicit the renewal of The City of Palm Beach Gardens's p Mdpstion in the Palm Beach County Urban County Program for FY 2012, 2013 and 2014. This will enable your municipality and its residents to continue to scows funds under the Community Development Block Grant (CDD% Home investment Ps ip► (HOME) Program, and EmeVimy Sheibsr Grant (ESG) Program as a part of the Palm Desch County ftfidsmiW Jurisdiction. In riddidM by participating with the County, yaw municipality will be autcmdicalty eligible to receive any ecormnic xdmuhm or disaster recovery bending, which is distributed to rho County by the Federal Govect. Participation with the County will not allow you to apply for State CDBG binds, but you will still be able to apply for State HOME and ESGP funds„ if the staote allows. If you ohoose not to renew this agreement, you must notify Palm Beach County Housing and Cammuuit Development (HCD) and U.S. Dspsrtment of Housing and Urban Dawelopwim (HUD) in writing of your dcision not to participate in the Comty's Urban 13a 1samrrt Jurisdiction by June 3, 2011. Address your correspondence to HCD's address lisbd above and to HUD as follows: Maria Orda Rill, CPD U.S. Department of housing dr Urban Development Flodds State Office. Brkkoll Plaza Federal Building 909 Sontag First AvuD^ Room 500 MisniL FL 33131 HCD m the aI irdrdiaa of rho above named tbderal progra n and ensures compliace with HUD's guidelines. AedvitW eligible for bmdiag under the Programs includs (saw" others): • NOW impmMmew praje 00 • public services • economic development initiatives • emagncy repass to housing • bousing rehabilitation • mortpge subsidies for first- • homeless and homeless time homebuyers FvvWdat activities pacloeed is your u nsxneutsd hodocal Cooperation Agreement that will cusure your municipality's participation with the County for a period of three years (FY 2012, 2013, A 2014) after execution. Please schedule this Item, for doadderadoa at Your next eveurdrsioY maadu and return to HCD by bM 13.2011. A HCD staff amber is available to attend to give a presentation and to answer any questions. Please advise if HCD representation is necdod. 1. A letter dearly stating your municipality Intent to resew Ib Istterlocal agreement with the County 2. One executed Interlocal Cooperation Agreement ( enclosed) stamped with the municipality's seal (if so seal please draw by hand) 3. Three executed signature pages (enclosed) stamped with the municipality's seal 4. A Cerlifled raoludon or twOod Copy of minutes irws the meeting that the agreement was approved These documents must be received by HCD on or before the above - specified date to allow the Palm Beach County Board of County Comadiaioners (BCC) to, in a timely manna, approve and sign the agreements, and for HCD to forward the agreements and other mp*W documents to HUD by July 15, 2011. HCD will return one original OF to you after approval and execution by the BCC. If you have my questions, please contact Scott Schultz at 561- 233 -3616 or Clement Clarke at 561- 233 -3622. Edward W. Lowery, Housing and Comm, Enclosures: Intalocal Cooperation Agreement (1) Signature Pages (3) cc: Natalie Wong. Director of Planning and Zomning. City of Patin Beach Gardens (W /O enclosures) Shannon LsRocquo, Assistant County Administrator, PBC (W/O enclosures) Tammy Fields, County Attorney, PBC (W/O enclosures) Edward Lowery, Director, HCD (W /O enolosnnes) Journey Beard, Director of Contracts and Quality Control, HCD (W/O enclosures) Elmo M. Escovar, Planning do E.D. Manager, HCD (W/O enclosures) Clement C. Clarke, Principal Planner, HCD (W/O enclosures) s�ono n nurdm CoNOW 4 d mar t.eaW (MWl Mane TOwpb»).dee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 34, 2011 RESOLUTION 34, 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL YEARS 2012, 2013, AND 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens desires to cooperate with Palm Beach County for the purpose of implementing the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs through the Palm Beach County Urban County Program; and WHEREAS, an Interlocal Agreement with the County is required for the County to implement CDBG and HOME activities within a municipality; and WHEREAS, such Interlocal Agreement has been prepared and is attached hereto as Exhibit "A "; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the Interlocal Agreement with Palm Beach County allowing the County to expend CDBG and HOME funds for eligible activities within the City during fiscal years 2012, 2013, and 2014, and authorizes the Mayor to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 34, 2011 PASSED AND ADOPTED this day of , 2011. CITY OF PALM BEACH GARDENS, FLORIDA go ATTEST: M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBERJABLIN COUNCILMEMBERTINSLEY David Levy, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS\2011 \Resolution 34 2011 - CDBG Urban County Program interlocal agmt.docx Page 2 of 2 0 AV Resolution 34, 2011 EXHIBIT "A" INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND The City of Palm Beach Gardens THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of , 2011 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY ", and , The City of Palm Beach Gardens a municipality duly organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY ". WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) Program, and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act" 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, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended, that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended, and ESG under the McKinney Vento Homeless Assistance Act of 1987; and WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional services necessary to implement the CDBG, ESG and HOME Programs during Federal Fiscal Years 2012, 2013, 2014; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department of Housing and Urban Development; and 1 The City of Palm Beach Gardens WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant, Emergency Shelter Grant, and HOME Programs. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG, ESG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 2012, 2013, 2014 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, Title II of National Affordable Housing Act of 1990, as amended, and McKinney Vento Homeless Assistance Act of 1987, and receive funds under these Acts. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking all professional and administrative services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obligations of an applicant. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assist in undertaking essential community development and housing assistance activities within the MUNICIPALITY; however, the COUNTY has final responsibility for selecting activities and annually submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, the Americans with Disabilities 2 The City of Palm Beach Gardens Act of 1990, and other applicable laws. The COUNTY shall not use CDBG or HOME funds for activities in or in support of any MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'S actions to comply with its fair housing certification. 5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply for grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years 2012, 2013, 2014; may not participate in a HOME consortium except through the COUNTY; and may not receive ESG funding from any other entity except the County; but if allowed may apply to the State for funding under the State's ESG and HOME Programs. 6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance to, or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions. 7. The COUNTY, through its Department of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG, ESG, or HOME activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 8. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements of a written agreement as described in 24 CFR 570.503. 9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification and/or change in the use of any real property (from that planned at the time of acquisition or improvement, including disposition) acquired or improved in whole or in part with CDBG or HOME funds that is within control of the MUNICIPALITY. Notification of the COUNTY shall take place within ten (10) days of said modification or change. 3 The City of Palm Beach Gardens In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and/or improvement, and said real property is sold, conveyed or transferred for usage which does not qualify as eligible under CDBG, ESG, or HOME regulations, the COUNTY shall be reimbursed in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDBG or non -HOME funds) of the property by the MUNICIPALITY. In the event of a close -out or change of status of the MUNICIPALITY, termination of this Agreement, or disposition and/or transfer of any property improved or acquired with CDBG or HOME funds, the COUNTY shall be reimbursed by the MUNICIPALITY any program income generated prior to or subsequent to said close -out, termination or change of status. 10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and the implementing program as outlined in the Action Plan, which governs the expenditure of CDBG, ESG, and HOME funds. 11. Pursuant to Palm Beach County Code Section 2 -421 — 2 -440, Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County agreements, contracts, transactions, accounts, and records. All parties doing business with the County and receiving County funds, including the MUNICIPALITY, shall fully cooperate with the Inspector General. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and to audit, investigate, monitor, and inspect the activities of the Agency, its officers, agents, employees, and lobbyists in order to ensure compliance with this Agreement, and to detect waste, corruption, and fraud. 12. The MUNICIPALITY agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, sexual orientation, marital status, or gender identity and expression be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. 4 The City of Palm Beach Gardens 13. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG, ESG and HOME entitlement funds and program income through Federal Fiscal Years 2012, 2013, 2014. The Agreement shall remain in effect until all CDBG, ESG, and HOME funds and any program income received with respect to activities carried out during the three -year qualification period are expended, and the funded activities are completed, and that the COUNTY and MUNICIPALITY may not terminate or withdraw from the Agreement while it remains in effect. 14. This Agreement is contingent upon the COUNTY'S qualification as an "urban county" and award of funds under the Housing and Community Development Act of 1974, as amended, the McKinney Vento Homeless Assistance Act of 1987, and the National Affordable Housing Act of 1990, as amended. 15. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 16. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. 17. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. 5 The City of Palm Beach Gardens IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. M. ATTEST: SHARON R. BOCK, Clerk & Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: Tammy K. Fields Senior Assistant County Attorney ATTEST: Patricia Snider, CMC, Clerk (SEAL) APPROVED AS TO LEGAL SUFFICIEN R. Max Lo"af City Attorney 21 PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS Karen Marcus, Chair Approved as to Terms and Conditions Dept. of Housing & Community Development Edward Lowery, Director Housing & Community Development The City of Palm Beach Gardens, a municipality duly organized by the laws of the State of Florida David Levy, Mayor The City of Palm Beach Gardens LEGAL CERTIFICATION BY PALM BEACH COUNTY As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. Tammy K. Fields, Senior Assistant County Attorney Palm Beach County, Florida CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 Resolution 35, 2011 Subject/Agenda Item: Support of a Petition from the Florida Department of Environmental Protection regarding the U.S. Environmental Protection Agency's January 2009 Determination for Numeric Nutrient Criteria [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: 0.00 Council Action: City Attorney Community Services (Total) [ ] Approved �1- r 0.00 Current FY [ ]Approved w/ 66dd , P.E. City gineer Conditions [ ] Denied R. Max Lohman, Esq. Advertised: NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other • Resolution 35, 2011 Submitted by: [ x ] Not Required - Exhibit "A ": EPA Memo dated Department Director 3/16/11 - Exhibit "B ": FDEP Petition J. E. Doug ney, III Deputy City Manager Affected parties [ ] Notified Budget Acct. #: N/A Approved by: City Manager [ x ] Not required Ronald M. ?rns Meeting Date: June 2, 2011 Resolution 35, 2011 Page 2 of 2 BACKGROUND: The State of Florida is a national leader in nutrient - reduction efforts to protect State waters. The Florida Department of Environmental Protection (FDEP) has achieved great progress on the complex science needed to support defensible numeric nutrient criteria. However, on January 14, 2009, the U.S. Environmental Protection Agency (EPA), under the previous administration, issued a determination that numeric nutrient criteria were necessary in the State of Florida, but in no other state. The 2009 "necessity" determination led to EPA settling a lawsuit alleging that EPA had already made such a necessity determination in its 1998 Clean Water Action Plan. The settlement agreement was subsequently memorialized as a Consent Decree in Florida Wildlife Federation V. Jackson, Case No. 08- 00324, Consent Decree, DE 153 (N.D. Fla. December 30, 2009), and is currently on appeal. FDEP was not a party to that litigation and did not participate in the negotiations resulting in the settlement and consent decree. Pursuant to the settlement agreement, on December 6, 2010, EPA promulgated numeric nutrient criteria for Florida's lakes and flowing waters. EPA remains obligated to propose numeric nutrient criteria for the remainder of Florida's waters (except for wetlands) by November 14, 2011, and finalize those numbers in rule by August 15, 2012. Should these criteria be implemented, then it would cost Florida taxpayers billions to comply. On, April 22, 2011, FDEP filed a petition with the EPA (see attached) requesting to withdraw its determination. The petition includes an attachment summarizing Florida's extensive nutrient management programs and documenting Florida's commitment to addressing nutrient pollution. This action will allow Florida to address nitrogen and phosphorus pollution through State and local programs, including the FDEP's pursuit of nutrient water quality standards. The Mayor requests submittal of a resolution asking EPA to consider the FDEP's petition and rescind their finding of necessity. STAFF RECOMMENDATION: Staff recommends approval of Resolution 35, 2011 as presented. 1 RESOLUTION 35, 2011 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REQUESTING THAT THE UNITED 6 STATES ENVIRONMENTAL PROTECTION AGENCY GRANT THE 7 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S 8 PETITION REQUESTING THAT THE UNITED STATES 9 ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS 10 DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE 11 NECESSARY IN FLORIDA; REPEAL FEDERALLY PROMULGATED 12 CRITERIA FOR FLORIDA; AND DISCONTINUE PROPOSING OR 13 PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN 14 FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 15 PURPOSES. 16 17 18 WHEREAS, the City of Palm Beach Gardens recognizes the detrimental effects 19 of the introduction of excessive amounts of nitrogen and phosphorus into the local 20 surface waters; and 21 22 WHEREAS, the Florida Department of Environmental Protection has reinitiated 23 its own rulemaking process to adopt numeric nutrient criteria for Florida water bodies; 24 and 25 26 WHEREAS, the City of Palm Beach Gardens considers the actions of Florida city 27 and county governments, the Florida Department of Environmental Protection, and the 28 Florida Legislature to be consistent with key principles of a model State program for the 29 reduction of nutrients, as described in the Environmental Protection Agency's 30 Memorandum to Regional Administrators of March 16, 2011, attached hereto as Exhibit 31 "A "; and 32 33 WHEREAS, the City of Palm Beach Gardens supports the Florida Department of 34 Environmental Protection's Petition, attached hereto as Exhibit "B ", requesting that the 35 United States Environmental Protection Agency (EPA) rescind its determination that 36 numeric nutrient criteria are needed in Florida and strongly requests that the EPA 37 consider this Petition; and 38 39 WHEREAS, the City Council deems approval of this Resolution to be in the best 40 interests of the health, safety, and welfare of the residents and citizens of the City of 41 Palm Beach Gardens and the public at large. 42 43 44 45 46 Page 1 of 3 Resolution 35, 2011 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The City of Palm Beach Gardens City Council hereby requests that 5 the United States Environmental Protection Agency affirmatively consider and grant the 6 Florida Department of Environmental Protection's Petition requesting that the EPA: 7 8 1. Withdraw its January 2009 determination that numeric nutrient criteria are 9 necessary only in Florida; 10 11 2. Immediately initiate the repeal of 40 C.F.R. 131.43, providing for EPA - 12 developed numeric nutrient criteria in Florida; and 13 14 3. Discontinue proposing or promulgating further numeric nutrient criteria in 15 Florida. 16 17 SECTION 2. The City Clerk is hereby authorized to forward a copy of this 18 Resolution to EPA Administrator Lisa Jackson, Governor Rick Scott, State Senate 19 President Michael Haridopolos, Speaker of the State House of Representatives Dean 20 Cannon, the Florida Congressional Delegation, the Palm Beach County Legislative 21 Delegation, and all appropriate public agencies, including the Florida League of Cities, 22 the Florida Association of Counties, the Florida Stormwater Association, and the Florida 23 Water Environment Association. 24 25 SECTION 3. This Resolution shall become effective immediately upon adoption. 26 27 28 (The remainder of this page intentionally left blank) 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ATTEST: L'"V Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY Resolution 35, 2011 2011. CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS\2011 \Resolution 35 2011 - supporting fdep numeric nutrient criteria.docx Page 3 of 3 Resolution 35, 2011 EXHIBIT "A" ZED Sr4 A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY a WASHINGTON, D.C. 20460 4 V14 WIV MAR 16 2011 OFFICE OF WATER MEMORANDUM SUBJECT: Working in Partnership with States to Address Phosphorus and Nitrogen Pollution through Use of a Framework for State Nutrient Reductions FROM: Nancy K, Stoner j Acting Assistant Administrator TO: Regional Administrators, Regions 1 -10 This memorandum reaffirms EPA's commitment to partnering with states and collaborating with stakeholders to make greater progress in accelerating the reduction of nitrogen and phosphorus loadings to our nation's waters. The memorandum synthesizes key principles that are guiding and that have guided Agency technical assistance and collaboration with states and urges the Regions to place new emphasis on working with states to achieve near -term reductions in nutrient loadings. Over the last 50 years, as you know, the amount of nitrogen and phosphorus pollution entering our waters has escalated dramatically. The degradation of drinking and environmental water quality associated with excess levels of nitrogen and phosphorus in our nation's water has been studied and documented extensively, including in a recent joint report by a Task Group of senior state and EPA water quality and drinking water officials and managers.' As the Task Group report outlines, with U.S. population growth, nitrogen and phosphorus pollution from urban stormwater runoff, municipal wastewater discharges, air deposition, and agricultural livestock activities and row crop runoff is expected to grow as well. Nitrogen and phosphorus pollution has the potential to become one of the costliest and the most challenging environmental problems we face. A few examples of this trend include the following; . 1) 50 percent of U.S, streams have medium to high levels of nitrogen and phosphorus. 2) 78 percent of assessed coastal waters exhibit eutrophication. 3) Nitrate drinking water violations have doubled in eight years. 1 An Urgent Call to Action: Report of the State -EPA Nutrients Innovations Task Group, August 2009. Internet Address (AL) a http: /Avww.epa.gov RacycledtRecyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper Attachment 1 4) A 2010 USGS report on nutrients in ground and surface water reported that nitrates exceeded background concentrations in 64% of shallow monitoring wells in agriculture and urban areas, and exceeded EPA's Maximum Contaminant Levels for nitrates in 7% or 2,388 of sampled domestic wells. 5) Algal blooms are steadily on the rise; related toxins have potentially serious health and ecological effects. . States, EPA and stakeholders, working in partnership, must make greater progress in accelerating the reduction of nitrogen and phosphorus loadings to our nation's waters. While EPA has a number of regulatory tools at its disposal, our resources can best be employed by catalyzing and supporting action by states that want to protect their waters from nitrogen and phosphorus pollution. Where states are willing to step forward, we can most effectively encourage progress through on- the - ground technical assistance and dialogue with state officials and stakeholders, coupled with cooperative efforts with agencies like USDA with expertise and financial resources to spur improvement in best practices by agriculture and other important sectors. States need room to innovate and respond to local water quality needs, so a one- size -fits- all solution to nitrogen and phosphorus pollution is neither desirable nor necessary. Nonetheless, our prior work with states points toward a framework of key elements that state programs should incorporate to maximize progress. Thus, the Office of Water is providing the attached "Recommended Elements of a State Nutrients Framework" as a tool to guide ongoing collaboration between EPA Regions and states in their joint effort to make progress on reducing nitrogen and phosphorus pollution. I am asking that each Region use this framework as the basis for discussions with interested and willing states, The goal of these discussions should be to tailor the framework to particular state circumstances, taking into account existing tools and innovative approaches, available resources, and the need to engage all sectors and parties in order to achieve effective and sustained progress. While the Framework recognizes the need to provide flexibility in key areas, EPA believes that certain minimum building blocks are necessary for cffective programs to manage nitrogen and phosphorus pollution. Of most importance is prioritizing watersheds on a state -wide basis, setting load - reduction goals for these watersheds based on available water quality information, and then reducing loadings through a combination of strengthened permits for point - sources and reduction measures for nonpoint sources and other point sources of stormwater not designated for regulation. Our experience in almost 40 years of Clean Water Act. implementation demonstrates that motivated states, using tools available under federal and state law and relying on good science and local expertise, can mobilize local governments and stakeholders to achieve significant results. It has long been EPA's position that numeric nutrient criteria targeted at different categories of water bodies and informed by scientific understanding of the relationship between nutrient loadings and water quality impairment are ultimately necessary for effective state 2 Nutrients in the Nation's Streams and Groundwater: National Findings and Implications, US Geological Survey, 2010. 2 programs. Our support for numeric standards has been expressed on several occasions, including a June 1998 National Strategy for Development of Regional Nutrient Criteria, a November 2001 national action plan for the development and establishment of numeric nutrient criteria, and a May 2007 memo from the Assistant Administrator for Water calling for accelerated progress towards the development of numeric nutrient water quality standards. As'explained in that memo, numeric standards will facilitate more effective program implementation and are more efficient than site - specific application of narrative water quality standards. We believe that a substantial body of scientific data, augmented by state - specific water quality information, can be brought to bear to develop such criteria in a technically sound and cost - effective manner. EPA's focus for nonpoint runoff of nitrogen and phosphorus pollution is on promoting proven land stewardship practices that improve water quality. EPA recognizes that the best approaches wiII entail States, federal agencies, conservation districts, private landowners and other stakeholders working collaboratively to develop watershed -scale plans that target the most effective practices to the acres that need it most. In addition, our efforts promote innovative approaches to accelerate implementation of agricultural practices, including through targeted stewardship incentives, certainty agreements for producers that adopt a suite of practices, and nutrient credit trading markets. We encourage federal and state agencies to work with NGOs and private sector partners to leverage resources and target those resources where they will yield the greatest outcomes. We should actively apply approaches that are succeeding in watersheds across the country. USDA and State Departments of Agriculture are vital partners in this effort. if we are to make real progress, it is imperative that EPA and USDA continue to work together but also strengthen and broaden partnerships at both the national and state level. The key elements to success in BMP implementation continue to be sound watershed and on -farm conservation planning, sound technical assistance, appropriate and targeted financial assistance and effective monitoring. Important opportunities for collaboration include EPA monitoring support for USDA's Mississippi River Basin Initiative as well as broader efforts to use EPA section 319 funds (and other funds, as available) in coordination with USDA programs to engage creatively in work with communities and watersheds to achieve improvements in water quality. Accordingly the attached framework envisions that as states develop numeric nutrient criteria and related schedules, they will also develop watershed scale plans for targeting adoption of the most effective agricultural practices and other appropriate loading reduction measures in areas where they are most needed. The timetable reflected in a State's criteria development schedule can be a flexible one provided the state is making meaningful near -term reductions in nutrient loadings to state waters while numeric criteria are being developed. The attached framework is offered as a planning tool, intended to initiate conversation with states, tribes, other partners and stakeholders on how best to proceed to achieve near- and long -term reductions in nitrogen and phosphorus pollution in our nation's waters. We hope that the framework will encourage development and implementation of effective state strategies for managing nitrogen and phosphorus pollution.' EPA will support states that follow the framework but, at the same time, will retain all its authorities under the Clean Water Act. 3 With your hard work, in partnership with the states, USDA and other partners and stakeholders, I am confident we can make meaningful and measurable near -term reductions in nitrogen and phosphorus pollution. As part of an ongoing collaborative process, I look forward to receiving feedback from each Region, interested states and tribes, and stakeholders, Attachment Cc: Directors, State Water Programs Directors, Great Water Body Programs Directors, Authorized Tribal Water Quality Standards Programs Interstate Water Pollution Control Administrators 51 Recommended Elements of a State Framework for Managing Nitrogen and Phosphorus Pollution 1. Prioritize watersheds on a statewide basis for nitrogen and phosphorus loading reductions A. Use best available information to estimate Nitrogen (N) & Phosphorus (P) loadings delivered to rivers, streams, lakes, reservoirs, etc. in all major watersheds across the state on a Hydrologic Unit Code (HUC) 8 watershed scale or smaller watershed (or a comparable basis.) B. Identify major watersheds that individually or collectively account for a substantial portion of loads (e.g. 80 percent) delivered from urban and /or agriculture sources to waters in a state or directly delivered to multi jurisdictional waters. C. Within each major watershed that has been identified as accounting for the substantial portion of the load, identify targeted /priority sub - watersheds on a HUC 12 or similar scale to implement targeted N & P load reduction activities. Prioritization of sub - watersheds should reflect an evaluation of receiving water problems, public and private drinking water supply impacts, N & P loadings, opportunity to address high -risk N & P problems, or other related factors. 2. Set watershed load reduction goals based upon best available information Establish numeric goals for loading reductions for each targeted/priority sub - watershed (HUC 12 or similar scale) that will collectively reduce the majority of & P loads from the HUC 8 major watersheds. Goals should be based upon best available physical, chemical, biological, and treatment/control information from local, state, and federal monitoring, guidance, and assistance activities including implementation of agriculture conservation practices, source water assessment evaluations, watershed planning activities, water quality assessment activities, Total Maximum Daily Loads (TMDL) implementation, and National Pollutant Discharge Elimination System (NPDES) permitting reviews. 3. Ensure effectiveness of point source permits in targeted/priority sub - watersheds for: A. Municipal and Industrial Wastewater Treatment Facilities that contribute to significant measurable N & P loadings; B. All Concentrated Animal Feeding Operations (CAFOs) that discharge or propose to discharge; and/or C. Urban Stormwater sources that discharge into N & P- impaired waters or are otherwise identified as a significant source. 4. Agricultural Areas In partnership with Federal and State Agricultural partners, NGOs, private sector partners, landowners, and other stakeholders, develop watershed -scale plans that target the most effective practices where they are needed most. Look for opportunities to include innovative approaches, such as targeted stewardship incentives, certainty agreements, and N & P markets, to accelerate adoption of agricultural conservation practices. Also, incorporate lessons learned from other successful agricultural initiatives in other parts of the country. 5. Storm water and Septic systems Identify how the State will use state, county and local government tools to assure N and P reductions from developed communities not covered by the Municipal Separate Storm Sewer Systems (MS4) program, including an evaluation of minimum criteria for septic systems, use of low impact development/ green infrastructure approaches, and /or limits on phosphorus in detergents and lawn fertilizers. b. Accountability and verification measures A. Identify where and how each of the tools identified in sections 3, 4 and 5will be used within targeted/priority sub - watersheds to assure reductions will occur. B. Verify that load reduction practices are in place. C. To assess/demonstrate progress in implementing and maintaining management activities and achieving load reductions goals: establish a baseline of existing N & P loads and current Best Management Practices (BMP) implementation in each targeted/priority sub - watershed, conduct ongoing sampling and analysis to provide regular seasonal measurements of N & P loads leaving the watershed, and provide a description and confirmation of the degree of additional BMP implementation and maintenance activities, 7. Annual public reporting of implementation activities and biannual reporting of load reductions and environmental impacts associated with each management activity in targeted watersheds A. Establish a process to annually report for each targeted/priority sub - watershed: status, challenges, and progress toward meeting N & P loading reduction goals, as well as specific activities the state has implemented to reduce N & P loads such as: reducing identified practices that result in excess N & P runoff and documenting and verifying implementation and maintenance of source - specific best management practices. B. Share annual report publically on the state's website with request for comments and feedback for an adaptive management approach to improve implementation, strengthen collaborative local, county, state, and federal partnerships, and identify additional opportunities for accelerating cost - effective N & P load reductions. 8. Develop work plan and schedule for numeric criteria development Establish a work plan and phased schedule for N and P criteria development for classes of waters (e,g., lakes and reservoirs, or rivers and streams). The work plan and schedule should contain interim milestones including but not limited to data collection, data analysis, criteria proposal, and criteria adoption consistent with the Clean Water Act. A reasonable timetable would include developing numeric N and P criteria for at least one class of waters within the state (e.g., lakes and reservoirs, or rivers and streams) within 3 -5 years (reflecting water quality and permit review cycles), and completion of criteria development in accordance with a robust, state - specific workplan and phased schedule. 2 Resolution 35, 2011 EXHOT "519 April 22, 2011 Florida Department of Rick Scott Governor Environmental. Protection Iennif'erCarroll Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Herschel T. Vinyard jr. Secretary Ms. Lisa P. Jackson Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, Northwest Washington, DC 24060 Dear Ms. Jackson: Please find enclosed a Petition from the Florida Department of Environmental Protection requesting that the U.S. Environmental Protection Agency (EPA,) withdraw its January 2009, determination that numeric nutrient criteria are necessary in Florida. It also requests that EPA restore to the state its responsibility for the control of excess nutrients, including the pursuit of nutrient criteria. We are confident that EPA will find the information in the petition compelling and grant the petition after review. As clearly demonstrated by the petition, the State of Florida, including its citizenry, local governments and businesses, is very committed to addressing excess nutrients pollution. We look forward to your timely response. Sincerely, erschel T. Vinyard? Secretary c: Gwendolyn Keyes Fleming www. dcp.state. (J. us UNITED STATES ENVIRONMENTAL PROTECTION AGENCY In re: Florida Department of Environmental Protection's Petition for Withdrawal of EPA's 303(c)(4)(B) Determination for Florida, Repeal of 40 C.F.R. § 131.43, and Related Actions. PETITION The Florida Department of Environmental Protection ( "FDEP ") hereby petitions the United States Environmental Protection Agency ( "EPA ") to take the following actions; 1) withdraw its January 2009, determination that numeric nutrient criteria are necessary in Florida; 2) initiate repeal of 40 C.F.R. § 131.43; and 3) discontinue proposing or promulgating further numeric nutrient criteria in Florida. On March 16, 2011, EPA issued a memo to all EPA's Regional Administrators, entitled "Working in Partnership with States to Address Phosphorus and Nitrogen Pollution through Use of a Framework for State Nutrient Reductions" (the "EPA memo" or "March 16, 2011, memo ") that details the elements "necessary for effective programs to manage nitrogen and phosphorus pollution," which is attached hereto as Attachment 1. The EPA memo provides a useful benchmark for evaluating the strength of a State's nutrient reduction program. As demonstrated herein, Florida's program is one of the strongest in the country when measured against the elements set forth in the EPA memo, or by other objective standards. Based on the strength of Florida's nutrient pollution control program, which includes a commitment to nutrient standards, FDEP submits EPA should rescind its January 2009, determination. This action will reestablish the proper regulatory framework in Florida, whereby States designate the uses of their waters and set criteria that are protective of those uses, and EPA should simply review the changes to water quality standards proposed by the States. 33 U.S.C. § 1313(a)(3)(A) and (c)(2)(A); see also Natural Resources Defense Council v. US E.P.A., 16 F.3d 1395, 1399 (4th Cir. 1993)( "While the states and E.P.A. share duties in achieving this goal [of protecting water resources], primary responsibility for establishing appropriate water quality standards is left to the states. EPA sits in a reviewing capacity of the state - implemented standards, with approval and rejection powers only. "). FDEP requests that EPA respond to this Petition within 30 days of filing. Failure of EPA to timely act can interfere with the Florida's ability to implement the activities described by this petition. Additionally, granting this petition will confirm to the States that EPA is committed to a reasoned approach to evaluating the success of state programs and will stand behind the EPA Memo. Backuround According to EPA, Florida has one of the preeminent programs in the nation to address excess phosphorus and nitrogen pollution in its waters. "Florida is one of the few states that have in place a comprehensive framework of accountability that applies to both point and nonpoint sources and provides the enforceable authority to address nutrient reductions in impaired waters based upon the establishment of site specific total maximum daily loads." 75 Fed. Reg. 4174, 4175 (Jan. 26, 2010). As outlined below, in measuring Florida's program against the eight elements in the EPA memo, the State of Florida, in partnership with its regional water management districts and local governments, is a national leader in developing innovative and comprehensive tools and programs to detect, assess, prevent and /or remedy nutrient problems in the State's waters. 2 For instance, Florida has placed substantial emphasis on the monitoring and assessment of its waters as a cornerstone of its water quality program, and, as a result of this valuable objective, has collected significantly more water quality data than any other State. See EPA's January 14, 2009, Necessity Determination for Florida, p. 6. Greater than 30% of all water quality data in EPA's national water quality database, STORET, comes from Florida.' STORET, http: / /www.epa.gov /storet. Florida has used this extensive data to, among other things, accurately and scientifically assess whether individual waterbodies are impaired for nutrients; promulgate nutrient restoration goals first through Pollutant Load Reduction Goals ( "PLRGs ") and then through Total Maximum Daily Loads ( "TMDLs "); calculate protective nutrient water quality -based effluent limits ( "WQBELs ") for NPDES dischargers; and adopt restoration plans setting forth restoration requirements on both point and nonpoint sources on a watershed -wide basis (i.e., Basin Management Action Plans ("B"s"), Surface Water Improvement and Management ( "SWIM ") plans, and legislatively- mandated plans for targeted waters).2 Overall, Florida's efforts have resulted in significant reductions in ambient phosphorus concentrations since the early 1980s despite the explosive growth of Florida's population during this same period. 2008 Integrated Water Quality Assessment for Florida: 305(b) Report and 303(d) List Update, p. 34, available at http: / /www.dep.state.fl.us/water /docs /2008 Integrated Report.pdf. However, Florida continues to further refine and enhance its programs and implement specific restoration plans high priority ` FDEP doesn't substitute quantity of sampling for the quality of those samples. Rather than accepting any collected sample, FDEP requires stringent quality assurance for water quality samples to be used for regulatory purposes. See Fla. Admin. Code Ch. 62 -160. 2 Florida has also utilized this extensive data in adopting a protective numeric phosphorus criterion for the Everglades Protection Area that has been upheld in both state and federal courts. See Fla. Admin. Code R. 62- 302.540(4)(a). 3 watersheds to both protect its many healthy waters from nutrient impairment and achieve nutrient reductions in those that are impaired by nutrients so that water quality improvements are fully realized. FDEP has also used the vast water quality data, collected at substantial cost to Florida taxpayers, to study the subtle relationships between nutrient concentrations and healthy aquatic ecosystems with the intention of deriving appropriate numeric nutrient criteria for its waters. As part of this process, FDEP has created a number of biological assessment tools, including the Stream Condition Index and the Lake Vegetation Index. FDEP has submitted to EPA statewide numeric nutrient criteria development plans to document its ongoing efforts, with the last development plan being submitted in March 2009. Despite Florida's status as a national leader in nutrient reduction efforts and FDEP's great progress on the complex science needed to support defensible numeric nutrient criteria, on January 14, 2009, EPA, under the previous administration, issued a § 303(c)(4)(B) determination that numeric nutrient criteria were necessary in the State of Florida, but in no other State? The 2009 "necessity" determination led to EPA settling a frivolous lawsuit alleging that EPA had already made such a necessity determination in its 1998 Clean Water Action Plan. The settlement agreement was subsequently memorialized as a Consent Decree in Florida Wildlife 3 While the necessity determination implies that Florida's situation is unique, excess nutrients are a problem in every State. See, e.g., USGS Circular 1350: Nutrients in the Nation's Streams and Groundwater, 1992 — 2004 (2010), available at http://-oubs. usgs .gov /circ /l350 /pdf/circl350.pdf EPA has not utilized its 303(c)(4)(B) authority to promulgate numeric nutrient criteria elsewhere and has declined to set numeric nutrient standards in the Mississippi River basin even though EPA has been petitioned twice (in 2003 and 2008) to do so. See EPA's Response to Sierra Club Petition Regarding Defined Portions of the Mississippi and Missouri Rivers, available at http: // water .epa.gov /scitech/swizuidance /standards /SierraClub.ofm; and Petition to Establish Numeric Nutrient Standards for the Mississippi River, available at http: / /www.cleanwatemetwork.org /resources /petition- establish- numeric - standards- and- tmdls- nitrogen- and - phosphorous. 4 Federation v. Jackson, Case No. 08- 00324, Consent Decree, DE 153 (N.D. Fla. December 30, 2009), and is currently on appeal. TDEP was not a party to that litigation and did not participate in the negotiations resulting in the settlement and consent decree. Pursuant to the settlement agreement, on December 6, 2010, EPA promulgated numeric nutrient criteria for Florida's lakes and flowing waters. 75 Fed, Reg. 75762 (Dec. 6, 2010) (codified at 40 C.F.R. §131.43). EPA remains obligated to propose numeric nutrient criteria for the remainder of Florida's waters (except for wetlands) by November 14, 2011, and finalize those numbers in rule by August 15, 2012. See Florida Wildlife Federation, Joint Notice to the Court of Extension of Consent Decree Deadlines, DE 184 (N.D. Fla. June 7, 2010). FDEP urges EPA to withdraw its determination. This action will allow Florida to address nitrogen and phosphorus pollution through State and local programs, including the FDEP's pursuit of nutrient water quality standards. Overview of Florida's Nutrient Reduction Pronram The State of Florida has a comprehensive set of legislatively mandated programs, implemented at the State, regional and local levels, which work in unison to protect waters from nutrient pollution and reduce nutrient loading from all sources of pollution, not just federally - regulated point sources. The core of Florida's program focuses on NPDES permitting with appropriate effluent limits,4 extensive monitoring of its waters, identification of those waters that are impaired, setting load reduction targets for those waters identified as impaired, and implementing watershed restoration plans covering both point and nonpoint sources. Over the 4 For wastewater sources that discharge nutrients, WQBELs are specifically derived to protect State waters from nutrient impairment under "worst case" conditions. See Fla. Admin. Code R. 62- 650.300(3)(h). Before FDEP is able to issue a wastewater permit, the permit applicant must provide upfront "reasonable assurance" that the permittee can meet all conditions in their permit, including the permit effluent limit — a more rigorous permitting standard than contained within the Clean Water Act. Compare Fla. Admin. Code R. 62- 620.320(1) with 40 C.F.R. § 122.44(d). 5 years, Florida has expended great time and resources in undertaking these activities. While many of these efforts emanate from the typical Clean Water Act NPDES and TMDL programs, there are a number of programs unique to Florida that complement the standard Clean Water Act tools and in many instances go far beyond the mandates of the Clean Water Act. For instance, under the Clean Water Act, once a TMDL is set and incorporated into NPDES permits, mandated federal actions are at an end. No comprehensive implementation plan is required. See EPA's TMDL website, available at htti): // water. epa. gov/ lawsreas/lawsguidance /ewa/tmdl/ lossary.cfm ( "Current 303(d) regulations do not require implementation plans, though some state regulations do require an implementation plan for a TMDU ); see also Sierra Club v. Meiburg, 296 F.3d 1021 (11th Cir. 2002). Florida, on the other hand, has a number of watershed -based approaches that result in restoration plans covering both point and nonpoint sources. These watershed plans include BMAPs, SWIM plans, and legislatively- mandated restoration efforts directed at a number of specific watersheds like the Everglades and Lake Okeechobee. See, e.g., §§ 373.451 -.4595 and 403.067(7), Fla. Stat. Florida has already adopted aggressive nutrient load reduction limits for major waterbodies across the State through its TMDL and SWIM programs. Currently, there are 135 adopted nutrient TMDLs and 47 SWIM plans (many with PLRGs) for major waterbodies including: Lake Okeechobee, the Caloosahatchee Estuary, the St. Lucie Estuary, the Indian River Lagoon, Tampa Bay, the Lower St. Johns River, the Suwannee River, the Santa Fe River, the Ocklawaha Chain of Lakes, the Winter Haven Chain of Lakes, Lakc Jesup, and many first magnitude springs across the State including Manatee, Fanning, and Wekiva Springs. Florida has also established comprehensive restoration and /or protection plans for most of our high priority waters including the Everglades, Lake Okeechobee, the St. Johns River and Estuary, the Cl Ocklawaha Chain of Lakes, Tampa Bay, Sarasota Bay, and the Florida Keys coastal waters, among others. These efforts, combined with the point and nonpoint source strategies discussed below, already have shown significant, positive results in many of Florida's watersheds. EPA itself has documented a number of Florida's nutrient reduction successes including Lake Apopka, Tampa Bay, Sarasota Bay and Indian River Lagoon. See EPA Region 4's Watershed Improvement Summaries, http://www.el2a.gov/region4/water/watersheds/Watershed summaries.html #fl. In Sarasota Bay, EPA acclaims the successes of the nutrient reduction efforts in that watershed: "The broadest measure of Sarasota Bay water quality and ecosystem health is the presence of seagrass in the estuary, so critical for the proper function of an estuary. Seagrass coverage in Sarasota Bay has significantly increased, approaching the 1950 extent of coverage.... The Sarasota Bay Estuary Partners instrumental in this outstanding Seagrass restoration and recovery effort include Florida Department of Environmental Protection, Southwest Florida Water Management District, Manatee and Sarasota County, city of Sarasota, city of Bradenton, town of Longboat Key, city of Bradenton Beach, city of Holmes Beach and Anna Maria Island." Reducing Excessive Nutrient Enrichment in Sarasota Bay, available at httL: / /www.gpa. og y/region4 /water /watersheds /documents /sarasora bay.ydf. Moreover, Florida has a number of nationally preeminent programs including its long- standing post - construction stormwater program for all new or modified development (since 1981), its land purchasing program (protecting over 5.3 million acres of land to date representing 15% of the State — Florida spent more than any other State in the nation to acquire conservation lands from 1998- 2005), and its reuse of reclaimed water. Florida also has a broad agricultural nonpoint source program setting forth best management practices ( "BMPs ") for most of the primary agricultural commodities in the State as well as BMPs specific to targeted areas of the State. All of these programs, as well as others, complement one another and result in Florida's 7 nutrient program being, unquestionably, a national leader. These various programs are further discussed below in the context of evaluating Florida's water quality program pursuant to the EPA memo. Florida Has as a Strone Nutrient Reduction Program as Measured Against EPA's March 16, 2011 Memo or Any Other Obiective Standard EPA's March 16, 2011, memo outlines eight minimum elements needed in a comprehensive State nutrient reduction program. Florida undoubtedly exceeds all eight of these requirements, and is a national leader in most of these categories. FDEP meets or exceeds all eight of the memo elements as follows: 1. Prioritize Watersheds on a Statewide Basis for Nitrogen and Phosphorus Loading Reductions Florida has long utilized a watershed -based approach to address nutrient pollution in Florida. The 1987 SWIM Act directed the regional water management districts to develop management and restoration plans for preserving or restoring priority waterbodies. §§ 373.451 — 373.4595, Fla. Stat. One of the key goals established in a SWIM Plan is the development of a PLRG, which are a precursor and are similar in nature to the more recent TMDLs, designed to preserve or restore designated uses and attain water quality standards in SWIM waterbodies. The legislation initially designated six SWIM waterbodies: Lake Apopka, Tampa Bay, Indian River Lagoon, Biscayne Bay, the Lower St. Johns River, and Lake Okeechobee. Currently, 47 waterbodies are on the priority list. See SWIM Website, htti)://www.dep.state.fl.us/water/watersheds/swim.htm. The 1999 Florida Watershed Restoration Act, Section 403.067, Florida Statutes, provides for the systematic assessment of impaired waters and development and implementation of scientifically -sound TMDLs for those Florida waters verified as impaired. FDEP's "Impaired 8 Waters Rule" provides the scientific methodology for assessing waterbody impairment and includes numeric thresholds for assessing nutrient impairment. Fla. Admin. Code Ch. 62 -303. Prioritizing the development of individual TMDLs has largely been dictated by EPA in the 1999 TMDL consent decree in Florida Wildlife Federation, Inc. v. Browner, Case No. 98 -00356 (N.D. Fla. 1999). However, as limited resources allow, FDEP also prioritizes TMDL development based on factors primarily related to public health (including potential impacts to drinking water supplies and exposure through recreational activities), environmental significance, and its rotating basin schedule. See Fla. Admin. Code R. 62- 303.500 and .700. Between the various SWIM Plans, BMAPs, and restoration programs for legislatively targeted watersheds, Florida has already identified its high priority waters and, for most of these waters, established nutrient load reduction targets.5 Some examples of high priority waterbodies that the State has made a significant investment in actions to reduce nitrogen and phosphorus pollution are: Lake Apopka: Since the 1980s, Florida has invested millions of dollars in efforts to reduce phosphorus inputs to Lake Apopka and remove phosphorus from the lake, resulting so far in a 41 % decrease in lake phosphorus and a 34% increase in water clarity since 1992. See St. Johns River Water Management District Lake Apopka Restoration website, htip://www.floridaswater.com/lakegpo-oka/. Tampa Bay: Nutrient pollution problems documented in Tampa Bay in the 1960s and 1970s have been successfully addressed through the implementation of advanced wastewater treatment of domestic wastewater, increasing reuse, reduced NOx emissions, and significant investments in stormwater treatment. As a result of the reductions in nutrient loading, seagrass S FDEP's monitoring efforts, including both targeted watershed monitoring and statewide basin trend monitoring, are discussed in element seven below. V coverage has increased to the highest levels since the 1950s in spite of a 500% increase in population in the area during this same period. See Tampa Bay Estuary Program website, hLtv://www.tbep. Indian, River Lagoon ( "IRL "): Through the combined efforts of State and Federal Agencies, five Counties and other partners, nutrient loadings goals to the IRL have been achieved by reducing and eliminating point source discharges, and implementing measures to reduce nutrient loads from septic systems, stormwater discharges, marinas and boating. The monitoring data indicate decreasing levels of nitrogen, phosphorus and chlorophyll a, and improving dissolved oxygen and seagrass coverage throughout the IRL. See St. Johns River Water Management District's Its Your Lagoon website, httt)://www.sjrwmd.org/itsyouriagoon/. Everglades: Nutrient loadings to the Everglades have been greatly reduced through a combination of almost 60,000 acres of constructed treatment wetlands and mandatory agricultural BMPs. The State is close to completing $1.1 billion in water quality restoration projects which reflects an unprecedented State commitment to nutrient pollution reduction for a waterbody in the United States. Over the past 15 years, the State's efforts have prevented more than 3,500 metric tons of phosphorus from reaching the Everglades. 2011 South Florida Environmental Report, Volume I, available at http: / /my.sfwmd.gov /portal /page /aortal /pg gEp sfwmd sfer /portlet_prevreport/2011 sfer /vl /vol 1 table of contents.html. Lake Okeechobee Watershed: The State is in the process of implementing the first phase of a Lake Okeechobee Watershed Restoration Plan, the cost of which is estimated to be between 10 —$1.3 - $1.7 billion. Lake Okeechobee Protection Plan Update, March 2011, available at httl2: / /www.sfwmd.goy/ portal /page/portal /xrel2ository /sfwmd repository -Pdf/lopp update 2011 St. Lucie and Caloosahatchee River Watersheds: Under legislation passed in 2007, multi- billion dollar restoration plans for the St. Lucie and Caloosahatchee River Watersheds have been developed and subsequently ratified in 2009 by the Florida legislature. St. Lucie River Watershed Protection Plan, available at http: / /www.sfwmd. og_y/ portal /napelportal/xroository /sfwmd rgpositorypdf/ne slrwo main 1 23108. f, and Caloosahatchee River Watershed Protection Plan, available at httv://www.sfwmd.gov/portal/­Daiz e /portal/xrepgsitoU / sfwmd repository ndf/ne crwpp main _1 23108.pdf. Lower St. Johns River: FDEP cooperatively worked with multiple interests and stakeholders to adopt a billion dollar BMAP in 2008 to address nitrogen and phosphorus pollution in the Lower St. Johns River. Loading reductions from implementation of the BMAP are already being realized. See 2010 Progress Report, Lower St. Johns River Basin Management Action Plan. Available at http://www.dep.state.fl.us/water/watersheds/docsLbma rpt2010.pdf. 2. Set Watershed Load Reduction Goals Based Upon Best Available Information As previously noted, Florida has already established restoration goals for most high priority waters in the State, including all the high priority waters specifically discussed under element one. For a complete list of 406 FDEP and EPA established nutrient TMDLs for the State of Florida, please refer to EPA's website at http: / /iaspub.epa. -gov /tmdl waters I 0/attains impaired waters.tmdls ?R pollutant group id =792. 11 FDEP has one of the most comprehensive and technically- sophisticated TMDL process in the nation. FDEP's nutrient TMDLs are only possible as a result of the extensive investments in both water quality monitoring data and modeling efforts, including actively funding cutting edge modifications to various modeling tools being used to assess impacts to Florida's surface and ground waters. For instance, in the case of the Lower St. Johns River, more than one million dollars was expended to enhance the Chesapeake Bay model. Significant site - specific improvements were based on extensive additional water quality monitoring, which was used to develop, calibrate, and validate a three dimensional model to assess complex tidal hydrodynamics and water quality changes, with the intent of being able to more accurately determine the critical conditions and the areas where impacts were the greatest. In addition, Florida has funded the development of the Watershed Assessment Model ("WAM "), a very powerful tool for watershed -scale modeling. WAM can model nutrient loading and transport from small, individual watersheds or large complex basins, including agricultural, urban and native land uses, and natural and channehzed streams, springshed groundwater systems, and tidal areas. WAM has been used by FDEP for development of TMDLs and /or restoration plans in numerous areas of the state (e.g., the Suwannee River, Peace River, and the Caloosahatchee Basin) and Florida's regional Water Management Districts also utilize WAM for assessing watershed water and nutrient budgets. Moreover, WAM and other modeling tools are used in the development of BMAPs, which can rely heavily on the use of land use loading models and associated Geographic Information System tools to properly represent and assess local allributes in creating a suite of cost - effective management practices needed to reduce point and non -point sources. 12 3. Ensure Effectiveness of Point Source Permits in Targeted/Priority Sub - Watersheds FDEP has a multi - pronged approach for controlling nutrient loading from NPDES point source dischargers.6 These efforts include: eliminating significantly reducing the volume of wastewater discharges to surface waters, encouraging reuse of domestic wastewater, aggressively identifying nutrient impaired waters and setting TMDLs for those waters, incorporating protective water quality based effluent limits into permits, and adopting comprehensive watershed -wide restoration programs to address both point and nonpoint sources with the assistance of government - funded regional restoration projects. And as noted above, Florida conducts more water quality sampling than any other State to ensure the effectiveness of these programs.? Currently, less than 10 percent of all domestic wastewater treatment facilities in the State even discharge to surface waters (197 out of 2,118 facilities), and over 25% (51 facilities) of the surface water discharges provide full advanced wastewater treatment ( "AWT "). Few, if any, States can meet that record of success. Section 403.086(1) of the Florida Statutes was passed in the 1980s to specifically require AWT for domestic wastewater facilities discharging to Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, or Charlotte Harbor Bay, or any water or tributary flowing into any of these waters. Additionally, in 1990, Chapter 90 -262, Laws 6 In 1995 Florida received NPDES program approval from EPA. 60 Fed. Reg. 25,718 (May 1, 1995); 33 U.S.C. § 1342(c). Prior to receiving program approval, Florida had in place a comprehensive program regulating wastewater discharges into both surface and groundwater and merged that pre- existing permitting program into its NPDES approved program. See § 403.088, Fla. Stat. 7 FDEP also has a robust compliance and enforcement program, averaging over 3,680 inspections of wastewater facilities each year for the past 10 years and assessing over $2.6 million in enforcement penalties in 2010. 13 of Florida, was passed to protect the Indian River Lagoon { "IRL ") system by prohibiting new discharges or increased loadings from domestic wastewater treatment facilities, and reducing or eliminating nutrient loadings to surface water from existing domestic wastewater treatment facilities that discharge to the IRL system. The result has been an annual 90% reduction in nutrients and suspended solids to IRL. Indian River Lagoon (20 10 EPA Fact Sheet), available at http: / /www.epa.gov /region4 /water /watersheds /documents /indian river lagoon.pdi Similar legislation for the protection of the Florida Keys and the Wekiva Study Area was passed in 1999 and 2005, respectively. See Chapter 99 -395, section 6, Laws of Florida; and § 369.318, Fla. Stat. In the early 1980's, Florida recognized the importance of reusing wastewater for both wastewater management and water resource management. Reuse offers an environmentally sound means for managing wastewater that dramatically reduces environmental impacts associated with discharge of wastewater effluent to surface waters. In addition, use of reclaimed water provides an alternative water supply for many activities that do not require potable quality water, which serves to conserve available supplies of potable quality water. These facts prompted Florida to actively encourage and promote reuse as a formal state objective. Two decades later, Florida leads the country in the reuse of domestic wastewater, and in 2006, Florida's Water Reuse Program was the first recipient of the EPA Water Efficiency Leader Award. The total reuse capacity of Florida's domestic wastewater treatment facilities has increased from 362 million gallons per day { "MGD ") in 1986 to 1,559 MGD in 2009. Florida Reuse Activities Website, http : / /www.dep.state.ft.us /water /reuse /activity.htm. The current reuse capacity represents approximately 62 percent of the total permitted domestic wastewater treatment capacity in Florida. In 2006, Florida averaged nearly 37 gallons /daylperson of reuse, 8 The IRL system extends from Jupiter inlet, north to Ponce de Leon Inlet, including Hobe Sound, Indian River Lagoon, Banana River, and Mosquito Lagoon and their tributaries. 14 compared to the next two best states -- California, which reuses approximately 16 gallons /day /person, and Virginia, which reuses approximately 1.5 gallons /day /person. See Reuse Inventory Database and Annual Report Website, http: / /www.dep.state.fl.us /water /reuse /inventor. Additionally, legislation was passed in 2008 that will result in the elimination of 300 MGD of domestic wastewater discharges into the Atlantic Ocean in Southeast Florida (i.e., Palm Beach, Broward and Miami -Dade Counties) through a gradual transition to water reuse. Chapter 2008 -232, Laws of Florida. Since its inception, Florida's State Revolving Fund Clean Water program has committed more than $3 billion to plan, design, and build wastewater facilities across the state. Over forty percent of that amount has been directed towards advanced wastewater treatment and reuse facilities. In permitting domestic and industrial wastewater discharges, the State of Florida has had a program designed to assess the impacts of permitted point source discharges on surface waters and include appropriate WQBELs since the late 1970s, long before it received NPDES program approval.9 In the case of the Little Wekiva River system, WQBELs have been included in permits as early as 1975. Since receiving program approval, over 140 nutrient WQBELs have been included as specific conditions in FDEP-issued NPDES permits. More recently, effluent limitations for most traditional point source dischargers of nutrients are derived based upon waste load allocations from TMDLs set for the receiving waterbody. However, for NPDES facilities discharging into waters without a TMDL, FDEP continues to independently derive WQBELs, as appropriate. See Fla. Admin. Code Ch. 62 -650. 9 Regulation of concentrated animal feeding operations is discussed below under element 4. 15 4. Agricultural Areas FDEP works closely with Federal and State agricultural partners and the agricultural community to address nutrient loading from agricultural operations. In fact, according to the American Farm Bureau Federation ( "AFBF "), Florida has the most aggressive and comprehensive program implementing agricultural source controls (i.e., BMPs) in the nation. Personal Communications - Don Parrish, Senior Director of Regulatory Relations, AFBF. The State of Florida adopts agriculture BMPs by rule in the Florida Administrative Code and State law requires these BMPs to be implemented as part of State - adopted watershed restoration plans, known as basin management action plans ( "BMAPs "). § 403.067(7), Fla. Stat. Agricultural nonpoint sources covered in a BMAP are subject to enforcement by FDEP or the applicable regional Water Management District, for failure to implement BMPs or conduct monitoring. Id. To date BMPs have been adopted in rule covering citrus (Rules 5M -2, 5M -5, 5M -7, and 5E- 1.023), container nurseries (Rule 5M -6), beef cattle operations (Rule 5M -11), sod farms (Rule 5M -9), vegetable and row crops (Rule 5M -8), and forestry operations (Rule 5I -6), with other agricultural BMPs currently urider development. Agricultural BMPs have also been adopted for the Everglades Agricultural Area (Rule 40E -63), the C -139 Basin (Rule 4013-63), and the Lake Okeechobee watershed (Rules 5M -11 and 40E -61) and are key components of Everglades and Lake Okeechobee restoration. Over the past 15 years, mandatory agricultural BMPs in the Everglades Agricultural Area have consistently reduced phosphorus loadings by greater than the 25 percent regulatory minimum. 2011 South Florida Environmental Report, Chapter 4, available at http: / /my.sfwmd aov /portal /page//portal /pa gru sfwmd sfer /portlet prevreport /2011 sfer /vl /cha pters /vl ch4.t)df. 16 Besides promulgating numerous agricultural BMP rules, the Florida Department of Agriculture and Consumer Services ( "FDACS ") provides assistance to agriculture operations in reducing their pollutant loads to the State's waters. With FDACS' efforts over the last decade, more than 8 million acres of agriculture are now implementing approved agricultural BMPs. FDACS' BMP rules require growers to maintain records demonstrating compliance with the BMPs (including amount of fertilizer applied, etc.) and allow FDACS staff to conduct inspections. For concentrated animal feeding operations ( "CAFOs "), Florida was among the first states in the nation to implement rules regulating CAFO wastes through the Lake Okeechobee Dairy Rule adopted in the 1980s. Fla. Admin. Code R. 62- 670.500. Furthermore, all known CAFOs in Florida that require NPDES permits are either permitted or pending permits, with all CAFO dairies already permitted. In addition, Florida requires individual permits for CAFOs, rather than general permits. All permitted CAFOs in Florida, a hurricane state, have production areas designed to contain the 25 -year, 24 -hour rainfall event for a site - specific design storage period. Since 1998, based on data from PCS/ICIS, only four permitted CAFOs have discharged to surface water, with the last discharge occurring in 2007. Additionally, Nutrient Management Plans ( "NMPs ") were implemented by CAFOs even before they were required by the 2008 EPA rules. In Florida NMPs are prepared by either a licensed Professional Engineer or a provider certified by NRCS. Upon permit issuance, components of NMPs are included as permit conditions. Beyond BMP implementation, the State has undertaken comprehensive watershed restoration efforts to capture and treat nutrient levels not fully addressed by BMP implementation, including construction and operation of off -line treatment facilities in 17 watersheds including the Everglades, Lake Okeechobee, and the St. Lucie River. In the Everglades alone, more than 45,000 acres of treatment wetlands are currently operational, with another 13,000 acres of treatment wetlands scheduled to be completed in the near future. 2011 South Florida Environmental Report, Chapter 5, available at htty : / /mv.sfwmd. ov /portal /pag_e/nortal /pl, Grp sfwmd sfer /portletDrevreport/2011 sfer /vl /cha pters /vl ch5.pdf. These are the largest complex of treatment wetlands in the world, costing in excess of $1 billion dollars to construct and operate. Other innovative agricultural initiatives include the first in the nation program to engage the agricultural community in a payment for environmental services framework where land owners enter into a contract for nutrient reduction services for payment. See Lake Okeechobee Protection Plan Update, March 2011, Section 6.3.1.1, available at ht-tp://www.sfwmd.gov/loortal/page/-portal/Xroositplyfsfwmd repository pdf /lopp update 2011. pddf. In 2010, FDEP developed a pilot Water Quality Credit Trading Program in the Lower St. Johns River Basin that allows agricultural operations to partner with point sources to more economically meet nutrient reductions required under the BMAP for the river. Fla. Admin. Code Ch. 62 -306. 5. Stormwater and Septic Systems A. Stormwater Florida was the first State in the Nation to implement comprehensive stormwater treatment regulations in 1981 for all new urban development and redevelopment and is still only one of eleven States with a fully State - financed post - construction permitting program for new 18 development and redevelopment. 10 See FDEP Urban Stormwater Program website, http: / /www.dep. state. fl.us /water /nonpoint/urbanl.httn. For new stormwater discharges to impaired waters, Florida law requires that no increase in pollutant loading will occur for the pollutants causing or contributing to the impairment. § 373.414(1)(b)(3), Fla. Stat. Despite rapid population growth over the last 30 years, Florida's post - construction stormwater program has been a significant contributor to controlling and reducing nutrient loads during this period. For the past decade, FDEP has been conducting research on innovative BMPs such as stormwater harvesting and low impact design to obtain data on the effectiveness of BMPs in reducing nutrients. See websites at: htt-o: / /www.dep. state .fl.us /water4mpoint/pubs.htm #Urban Stormwater BMP Research Reports and http: / /stormwater.ucfedu/. Currently, additional studies and monitoring are being undertaken to enhance the nutrient removal effectiveness of existing stormwater BMPs. FDEP is also developing a rule to establish minimum levels of stormwater treatment for nitrogen and phosphorus that FDEP envisions will result in the most comprehensive urban stormwater treatment program in the country. 11 In addition to its state stormwater permitting program for new stormwater discharges, Florida has provided state cost share funding to local governments to retrofit existing drainage systems with BMPs to reduce the stormwater pollutant loads discharged from areas built before Florida's stormwater treatment regulations existed. In support of this retrofit effort, for over 20 years Florida has been using a majority of its Section 319 funds for urban stormwater retrofitting projects. For example, Table 1 summarizes stormwater retrofitting in two significant watersheds, the Indian River Lagoon and Tampa Bay. Since 1999, the State has provided over 10 Florida was also one of the first States to limit the use of phosphates in detergents. See § 403.061(23), Fla. Stat.; Chapter 72 -53, Laws of Florida. 11 FDEP's activities to date in support of this rulemaking effort are documented at http : / /www.do.state.fl.us /water /wetlands /erp /rules /stormwater /index.httn. 1L'] $50 million in grant money to provide funding for local projects that reduce pollutant loading from urban stormwater discharges. Table 1 WATERSHED PROJECTS ACRES TOTAL TN LOAD TP LOAD RETROFITTED COST REDUCTION REDUCTION Indian River >40 47,144 $51,870,829 37,9217 68,691 Lagoon Jam pa Bay >20 24,930 $26,209,779 67,230 43,866 A source of local matching funds is key to stormwater retrofitting and to tapping into state and regional Water Management District funding. The State of Florida currently has more stormwater utilities (154) with a dedicated local revenue stream specifically targeted for stormwater treatment and management than any other State. In 2003, FDEP and the Florida Department of Transportation, partnered with the University of Central Florida to establish the Stormwater Management Academy as a center of excellence on urban stormwater treatment and management. See http: / /www.stormwater.ucfedu. The academy has completed or is conducting research on a variety of urban stormwater BMP issues, including the health and water quality risks associated with stormwater reuse. Moreover, FDEP is funding research to determine fertilization and irrigation needs to establish and maintain turf grasses, the impact of wet detention pond depth on the effectiveness of stormwater treatment, and the development of BMPs to increase nitrogen removal in stormwater. FDEP and FDACS have been working with the fertilizer industry to develop Florida- specific formulations of slow - release and low- phosphorus fertilizers. FDACS adopted its Urban Turf Rule (Rule 5E- 1.003), which specifies which types of fertilizers can be used on urban turf in Florida and the amount of nutrients in the various types of urban turf fertilizers. Additionally, the 2007 Florida Legislature established the Consumer Fertilizer Task Force to develop statewide 20 recommendations on the use of fertilizer on urban turf and on training and certification requirements for people engaged in the commercial application of fertilizer. The outcome of that task force was a model ordinance for the use of fertilizer. Local government adoption of the model ordinance is statutorily mandated within impaired watersheds, as well as the implementation of a mandatory commercial applicators training and program. See § 403.9337, Fla. Stat. After January 1, 2014, to be licensed to commercially apply fertilizer to urban landscapes, this same Act also requires a certificate from FDEP demonstrating satisfactory training in urban landscape BMPs. § 403.9338, Fla. Stat. An estimated 100,000 people will receive this training by the statutory deadline. As of September 20, 2010, 11,013 people already have received the certification. See FDEP's 2010 Annual Report: Nonpoint Source Management Program, pp. 12 - 14, available at httR: / /www.det).state.fl.us/ water/ nonpoint /docs /319h/2010AnnualReport319h pdf. Finally, Florida has the largest public land acquisition program of its kind in the United States. This program, combined with Florida's comprehensive wetland protection program, ensures that environmentally sensitive areas are not only protected, but that they perform their natural function as nutrient sinks. The state's first environmental land acquisition program goes back as far as 1972 (the Environmentally Endangered Lands Act) and was expanded in 1981 with the Save Our Coasts and Save Our Rivers Programs. In 1989, recognizing the importance of accelerating land acquisition, given the state's rapid population growth, the Preservation 2000 program was enacted. This decade -long program provided $300 million, annually, for land acquisition. In 1999, Preservation 2000 was extended for another decade by the enactment of the Florida Forever Program, which continued the $300 million annual commitment. See generally 21 Florida's Landmark Programs for Conservation and Recreation Land Acquisition, available at http : / /www.dep .state.fl.us/lands /files/Florida LandAcquisition.pdf. In combination with other State programs, over 5.3 million acres of sensitive lands have been acquired for protection. Florida Natural Areas Inventory Summary of Florida Conservation Lands, available at http: / /www.fnai.org/PDF/Maacres 201102 FCL plus LTF.pdf. B. Septic Systems Florida has established standards for septic systems and as part of adopted restoration plans (i.e., BMAPs), septic tanks are routinely removed and residents are hooked up to centralized sewer. Throughout Florida, a number of successful programs have been implemented to ensure that septic systems are well - maintained and, when necessary, taken offline. As part of adopted BMAPs for the Lower St. Johns Rivers, Lake Jesup, and Bayou Chico, septic tanks are routinely removed and residents are hooked up to centralized sewer. More than 230,000 lb /yr TN has been reduced in the St. Johns River alone. EPA has assisted Florida in its septic tank efforts, including an award of $3.6 million grant to the Florida Keys Aqueduct Authority for the Florida Keys Decentralized Wastewater Demonstration Project. This project, which addresses the upgrade of approximately 400 onsite sewage treatment and disposal systems in the lower Keys, will allow owners the option of giving ownership of their system to the Florida Keys Aqueduct Authority, who will then provide upgrade, maintenance, and repair services. Under State law, these septic systems must be upgraded to nutrient reduction systems by July 2016. § 381.0065(4)(1), Fla. Stat. Florida's State Revolving Fund has provided over $3 billion in funding to projects designed to improve Florida's waters and make drinking water safe. Of this amount, almost $1 billion has been spent on sewer projects, which includes taking septic tanks offline in sensitive 22 areas throughout Florida such as Key Largo, Marathon Key, Monroe County, Sopchoppy, Grand Ridge, Clewiston, Panama City Beach, Lee, Key Biscayne, and Marco Island. In 2008, EPA and the National Oceanic and Atmospheric Administration ( "NOAA ") jointly determined that the State of Florida had satisfied all conditions for approval of the Florida coastal non -point pollution control program. Florida Coastal Non -point Program, NOAA/EPA Decisions on Conditions of Approval, available at: http://coastalmanagement.noaa.gov/non- boint/docs/6217fl fnl.ppdf. Within its approval, with regard to new and operating onsite disposals systems, EPA and NOAA stated that Florida "has satisfied" the requirements of Coastal Zone Act Reauthorization Amendments ( "CZARA ") by "incorporating a well funded and targeted approach statewide." Id. The approval notes the use of the Carmody Data Systems program, the state's "robust" Onsite Sewage Treatment and Disposal System ( "OSTDS ") licensing, certification, and standards of inspection program, point -of -sale outreach, and a "very professional" public outreach campaign. Id. EPA and NOAA further commented that Florida is "providing guidance and technical assistance to the local health department offices to help them systematically implement broad [OSTDS] inspection programs on a county -to- county basis and to educate the public about inspections and maintenance." Id. To maintain its CZARA approval, Florida has committed to continue to work with county health departments to increase inspections through 2018 and to devote approximately $1 million a year from the Florida Department of Health ( "FDOH ") and $200,000 a year from section 319 funds administered by FDEP. 6. Accountability and Verification Measures; and 7. Annual Public Reporting of Implementation Activities and Biannual Reporting of Load Reductions and Environmental Impacts Associated with Each Management Activity in Targeted Watersheds 23 The description of how the State of Florida achieves these two elements is articulated below and described in unison due to the significant overlap of information. Monitoring of environmental response and verification that management activities are carried out are important components of restoration efforts implemented in the State of Florida, generally in annual reports. A. Public Reporting The annual South Florida Environmental Report details the progress of restoring the Everglades, Lake Okeechobee, and the Southern Coastal Waters including the Caloosahatchee and St. Lucie estuaries. See 2011 South Florida Environmental Report, Volume I, available at hllp://my.sf,Amd.gov/lpoilgkpage/portal/Dg rgry sfwmd sfer /portlet prevreport/2011 sfer /vl /vol 1 table of contents.html. All five of the regional water management districts report on their various activities on their individual websites. See generally http:// www. dep .state.fl.us/secretary/watman/. In addition, for watersheds with adopted BMAPs, annual progress reports are prepared that detail the specific activities implemented and loads reduced. The National Estuary Programs also issue routine reports describing the measures implemented to protect and restore those high priority waterbodies. FDEP produces a variety of reports on wastewater and wastewater - related issues. See http: / /www.dep.state.fl.us /water /wastewater /pubs.htm. FDACS issues annually a Report on the Implementation of Agricultural Best Management Practices. See http: / /floridaa €w� atemolicy. com /ImplementationAssurance.html. Finally, FDOH produces a variety of reports on installation and repair of septic systems and research to enhance the State's septic systems. See bLp: / /www.myfloridaeh .com /ostds /research/Index.httnl. 24 B. Water Quality Monitoring and Assessment Florida has an extensive water quality monitoring and assessment program, particularly with respect to nutrients. Currently, over 30 percent of all the nutrient water quality data and over 55 percent of the chlorophyll a data in EPA's national water quality database, STORET, came from Florida -- more than double from the next highest State, Oklahoma. STORET water quality database, http: / /www.epa.gov /storet. In fact, 25 percent of the nation's ambient water quality monitoring stations (more than 41,000 stations) are located within Florida. The next highest state is Alaska with 15,187 stations. FDEP's voluminous water quality data are used for the assessment of waterbodies for nutrient impacts annually under a comprehensive and sophisticated rotating basin approach. FDEP conducts hundreds of assessments of waterbody health for nutrients per year pursuant to the Impaired Waters Rule. See FDEP's Adopted Verified Lists of Impaired Waters, available at http: / /www.dep. state. fl. us /water/ watersheds Jassessment /303drule.htm. As part of FDEP's rotating basin approach for assessing waters and setting TMDLs, FDEP updates its 303(d) list annually. Additionally, every 2 years, as part of its "Integrated Report" (combining the reporting elements of the 305(b) Report and the 303(d) assessment), the State assesses and reports on statewide nutrient conditions based on data from the status monitoring network and reports on nutrient trends at 77 trend monitoring stations. FDEP's status monitoring network uses a probabilistic design to allow for the unbiased assessment of the status of Florida's waters. Florida's vast water quality data are readily accessible to the public through FDEP's website at http: / /ca.dep. state. fl. us /mapdirect/ ?focus= waterdatacentral. FDEP updates this database quarterly. Since 1996, FDEP has conducted an Integrated Water Resource Monitoring Network 25 ( "IWItM ") Program. See http : / /www.dep.state.fl.us /water /monitoriniz/index.htm. This program is a multi -level or "tiered" monitoring program designed to answer questions about Florida's water quality at differing scales. Tier I monitoring is comprised of two monitoring efforts, status monitoring and trend monitoring, which are both designed to answer regional to statewide questions. The purpose of the Status Monitoring Network is to characterize environmental conditions of Florida's fresh water resources and to determine how these conditions change over time. The Status Monitoring Network, which randomly selects stations via a probabilistic design recommended by EPA, is designed to address questions at three different scales: 1) the state as a whole; 2) specific geopolitical regions of the state; and 3) watersheds associated with Florida's major rivers and lakes. Status Network data are used to statistically describe statewide, regional, and basin - specific water quality conditions present during the period of sampling. The basic design units of the trend monitoring network are the state of Florida's 52 United States Geologic Survey ( "USGS ") eight -digit surface water drainage basins. The purposes of the Trend Network are to correlate Tier I, II, and III 1WRM results with seasonal climatic change, to make best estimates of temporal variance of sampled analytes within the USGS drainage basins, and to determine how these analytes are changing over time. The Trend Network consists of 77 fixed location sites in streams and rivers that are sampled on a monthly basis. The sites are generally located at the lower end of a USGS drainage basin and are placed at or close to a flow gauging station. These sites enable FDEP to obtain chemistry, discharge, and loading data at the point that integrates the land use activities of the watershed. Tier II monitoring includes strategic monitoring for basin assessments and monitoring required for TMDL development. This monitoring is more localized in nature than that 26 occurring under Tier I monitoring, yet may encompass a broader area than that employed in Tier III. Tier II monitoring is primarily conducted as part of FDEP watershed management approach. In 2000, FDEP adopted a five -year watershed management cycle that divides Florida into five groups of surface water basins in which different activities take place each year; the cycle is repeated continuously to prioritize watersheds for implementation of restoration efforts, to evaluate the success of clean -up efforts, to refine water quality protection strategies, and to account for the changes brought about by Florida's rapid growth and development. Activities associated with FDEP's assessment process include preliminary basin assessments; identification of nutrient or other pollutant- impaired waters; targeted water quality monitoring and data analysis; TMDL development and adoption; basin planning with local stakeholders to establish the actions necessary to reduce pollution; and implementation through regulatory actions, funding, pollution prevention strategies, and other measures. Over the past three years, FDEP has conducted more than 26,000 assessments of waterbody health through this process, more than any other agency in the country. Tier III includes all monitoring tied to regulatory permits issued by FDEP and is associated with evaluating the effectiveness of point source discharge reductions, best management practices or TMDLs. The program addresses both surface and ground waters of the state. 8. Develop Work Plan and Schedule for Numeric Criteria Development Florida has a long - standing, EPA- approved, narrative nutrient criterion found at Florida Administrative Code Rule 62- 302.530(47)(b) that has been the guidepost for Florida's nutrient 27 reduction efforts. 12 In the Everglades, FDEP has translated the narrative criteria into a numeric phosphorus criterion, which has been approved by EPA and upheld in state and federal courts. Fla. Admin. Code R. 62- 302.540(4)(a). FDEP also has statewide, EPA - approved turbidity, transparency and biological integrity criteria 13 in Rules 62- 302.530(69), (67) and (10) that work in unison with the existing narrative nutrient standard. Moreover, FDEP has adopted numeric nutrient response thresholds (chlorophyll -a and Trophic State Index) for determining whether individual waters are impaired for nutrients. Fla. Admin. Code R. 62-304.351,352,353, and .450. EPA has approved these nutrient response values as'changes to Florida's nutrient water quality standards that are consistent with the Clean Water Act. See EPA's July 6, 2005, 303(c) Determination on Florida's Chapter 62 -303; see also, EPA's February 19, 2008, 303(c) Determination on Florida's Amendments to Chapter 62- 303. EPA's approval of these changes to state water quality standards have been upheld in federal court. Florida Public Interest Research Group v. EPA, Case No. 4:02cv408 -WCS, Order Granting Summary Judgment, DE 185 (N.D. Fla. Feb. 15, 2007) (unpublished opinion). As such, Florida is one of three states in the nation with EPA - approved nutrient response criteria for all of its waters (with the exception of wetlands). FDEP recognizes the benefits of promulgating scientifically sound nutrient criteria and 12 First adopted in 1974, Florida's narrative nutrient criterion provides, "In no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora and fauna." Fla. Admin. Code Rule 62- 302.530(47)(b). 13 Turbidity and transparency are surrogates for water clarity and are an indicator (along with other parameters, such as chlorophyll -a) for measuring biological response, i.e., algal mass, in surface water. EPA has encouraged States to adopt turbidity, transparency and other water clarity criteria as part of the suite of criteria for addressing nutrient pollution. See, e.g., EPA Memorandum: Development and Adoption of Nutrient Criteria into Water Quality Standards, p. 8, found at http: // water .epa.goy /scitech/swguidance /standards /upload /2009 01 21 criteria nutrient nutrient swqsmemo.pdf. . 01.1 has expended great resources to this end. FDEP had been following a mutually agreed upon (EPA and FDEP) criteria development plan until EPA's 2009 settlement with the various organizations represented by EarthJustice. On numerous occasions, EPA has acknowledged FDEP's extraordinary efforts in this regard and has publically stated that EPA's rulemaking efforts would have been impossible without Florida's extensive water quality data. See 75 Fed. Reg. at 75771, 75773; 75 Fed. Reg. 4174, 4183 (January 26,2010); see also EPA's September 28, 2007 Letter Approving FDEP's 2007 Nutrient Criteria Development Plan, available at http: / /www.dep. state.fl.us/ water /wgssp /nutrients /does /epa- 092807.pdf. As the understanding of nutrients in aquatic ecosystems continues to evolve, FDEP desires to continue our commitment to developing defensible nutrient criteria. As such, FDEP plans to recommence its rulemaking efforts and will target the waterbodies covered by EPA's December 6, 2010 rule in addition to a number of estuaries which will represent a very broad coverage of State waterbodies. FDEP has projected the following timetable for completing the rulemaking, but this timeframe is contingent on EPA's response to this Petition: Notice of Rule Development: I" Public Workshop on Rule Concepts: 2"d Public Workshop on Draft Rules: 3rd Public Workshop on Final Draft Rules: I" ERC Meeting (briefing): 2nd ERC Meeting (adoption): Legislative Ratification: May, 2011 June, 2011 July, 2011 September, 2011 November, 2011 January, 2012 2012 Legislative Session FDEP expects that legal challenges from interested parties could be filed which would delay the effective date of the rule. In the near future, FDEP will update its March 2009 29 development plan and submit the updated plan to EPA. Once FDEP completes its rulemaking, EPA obviously maintains its authority to review any proposed criteria resulting from the State process. 33 U.S.C. § 1313 (c). Consequently, if EPA were to withdraw its necessity determination, it would not relinquish total authority to Florida. This significant step would once again allow Florida to regain its primary responsibility for standard setting, as Congress unambiguously envisioned within the Clean Water Act. EPA Should Withdraw Its Necessity Determination and, Conseauently, Reveal 40 C.F.R. .4131.43 and Refrain fronn. Proyosine Other Numeric Criteria in Florida EPA's purported willingness to give flexibility to States, like Florida, that have in place the framework for achieving nutrient reductions, is not consistent with EPA's 2009 necessity determination for Florida. Measured against EPA's March 16, 2011 memo, the State of Florida has in place a framework for achieving nitrogen and phosphorus reductions and control that is among the best in the nation. It is therefore reasonable to conclude that EPA's 2009 necessity determination should not have singled out Florida. To rectify this discrepancy, EPA must withdraw its necessity determination and has good reason to do so. Because the necessity determination is essential for EPA's promulgation of numeric nutrient criteria in Florida's lakes and flowing waters, withdrawal of the determination will require EPA to repeal 40 C.F.R. § 131.43. Withdrawal will also relieve EPA from proposing and promulgating numeric nutrient criteria for Florida's estuaries, coastal waters and south Florida canals. It is well - recognized that federal agencies may change their mind and alter their previous agency actions. Mactal v. Chao, 286 F.3d 822, 825 -26 (5th Cir. 2002). As explained by the United States Supreme Court, an agency "faced with new developments or in light of reconsideration of the relevant facts and its mandate, may alter its past interpretation and 041 overturn past administrative rulings and practice." American Trucking Ass'ns v. Atchison, Topeka, and Santa Fe Railway Co., 387 U.S. 397, 416 (1967); see also Motor Vehicle Mfrs. Ass'n of United States, Inc. v. State Farm Mut. Automobile Ins, Co., 463 U.S. 29, 41 -42 (1983); Dun & Bradstreet Corp. Found. v. United States Postal Service, 946 F.2d 189, 193 (2d Cir. 1991) ( "It is widely accepted that an agency may, on its own initiative, reconsider its interim or even its final decisions, regardless of whether the applicable statute and agency regulations expressly provide for such review. "). EPA has asserted that § 303(c)(4)(13) necessity determinations are discretionary action not subject to judicial review. See EPA's Motion to Dismiss Cross -Claim and EPA's Motion for Judgment on the Pleadings on Counts I, III and IV of FCG's and FWEAUC's First Amended Complaint, Case No. 08- 00324, DE 151 and 214 (N.D. Fla.); and EPA's Motion to Dismiss, Case No. 09- 00428, DE 13 (N.D. Fla. Dec. 22, 2009). Accepting EPA's assertion, the Agency has broad discretion to withdraw that same action. Even if EPA's withdrawal action is reviewable, the reasons for the change in agency action need be no better or worse than the justifications for the original agency course. F.C.C. v. Fox Television Station, Inc., 129 S. Ct. 1800,1810-11 (2009). EPA is not irrevocably bound by the previous administration's January 2009 necessity determination. See National Cable & Telecommunications Assn v. Brand X Internet Services, 545 U.S. 967, 981 (2005) (Reflecting that a change in administration can prompt revaluation of the previous administration's actions). To the contrary, withdrawal of the necessity determination is warranted based solely on the demonstrated strength of Florida's nutrient reduction program. However, the change in EPA's administration, the recent issuance of the EPA memo, and FDEP's commitment to expeditiously promulgate nutrient criteria are additional changed circumstances that warrant rescinding of EPA's necessity determination. Withdrawal 31 will also enable FDEP to proceed with its proposed rule adoption schedule without the added complication of overlapping federal rulemaking authority. Conclusion Florida's comprehensive nutrient reduction program is among the upper echelon of programs in the nation. FDEP is also committed to further its comprehensive program by pursuing nutrient criteria under state law. For these reasons and the other grounds articulated in this Petition, FDEP requests that EPA withdraw its January 2009 necessity determination and take the steps necessary to relieve the Agency from the obligation to propose, promulgate, or implement numeric nutrient criteria in Florida. Granting this request will serve as a clear, positive affirmation of EPA's expectation of States consistent with the March 16, 2011, memorandum. In order to implement the nutrient criteria schedule contained in this petition, FDEP requires a response from EPA on this petition within 30 days of filing. RESPECTFULLY SUBMITTED this day of April, 2011. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION THOMAS M. BEA90N General Counsel KENNETH B. HAYMAN Senior Assistant General Counsel 3900 Commonwealth Blvd., MS# 35 Tallahassee, FL 32399 -3000 Telephone: (850) 245 -2242 Facsimile: (850) 245 -2297 Tom.Beason@dep.state.fl.us Kenneth.Hayman@dep.state.fl.us 32 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 Petition No. LDRA- 11 -02- 000038 Ordinance 10, 2011 Subject/Agenda Item: Ordinance 10, 2011: Amendment to Code Section 78- 228(b)(1) and Section 78- 229(a)(2) to extend the effective date of both regulations to May 31, 2014. Second Reading and Adoption: A City- initiated request to amend the City's Land Development Regulations in order to extend the effective date of the sign and landscape regulations to May 31, 2014, for the Northlake Boulevard Overlay Zone (NBOZ). [X] Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council Action: Direc r of Planning & Planning & Zoning: Accountant [ ] Approved Z Project Manager NIA [ ] App. w/ Conditions Sarah Varga [ ] Denied [ ] Rec. Approval a e . Wong, AICP Kathryn Wilson, Fees Paid: N/A [ ] Rec. App. w/ Conds. City A Planner [ ]Rec. Denial Funding Source: [ ] Continued to: R. WiLdfiman, Esq. [ ] Quasi — Judicial [ ] Operating DeveI ment Compliance [X] Legislative [X] Other N/A ' [X] Public Hearing Advertised: Attachments: Budget Acct. #: N/A Bahareh Wolfs, AICP . Current LDR Section [X] Required 78- 228(b)(1) [ ] Not Required • Current LDR Section Resource Manager 78.229(x)(2) / ' Paper: Palm Beach 6 (,✓ Post Date: 05/18/2011 • Resolution 57, 1997 • Ordinance 30, 2002 • Letter sent to Allyson Black Approved By: Affected parties: Northlake Boulevard City Mana er [ ] Notified Task Force ] Not Required I/ a • Ordinance 10, 2011 Ronald 0. Fe is Meeting Date: June 2, 2011 Ordinance 10, 2011 Page 2 of 5 EXECUTIVE SUMMARY This City - initiated amendment to the Land Development Regulations (LDRs) will amend two (2) subsections of the Northlake Boulevard Overlay Zone (NBOZ). Currently, the landscape and signage portions of the NBOZ have compliance deadlines of eight (8) years and ten (10) years, respectively, from the date of adoption of the overlay. Due to the economic downturn on national, state, and local levels, the City proposes to extend the current compliance deadlines in order to grant relief from the enforcement of these regulations to its business community. BACKGROUND On August 21, 1997, the City entered into an interlocal agreement with the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County to create a Northlake Boulevard Corridor Task Force. The Task Force was created via Resolution 57, 1997 (see attached Resolution 57, 1997) to improve the appearance of the commercial area of Northlake Boulevard between Military Trail and U.S. Highway One. The City adopted the NBOZ on September 4, 2002, by Ordinance 30, 2002 (see attached Ordinance 30, 2002). The overlay regulations included conformance provisions for both landscaping and signage of eight (8) and ten (10) years from the date of adoption. For landscaping elements, the current deadline is May 31, 2011. For signage and outdoor displays, the current deadline is May 31, 2013. The proposed amendment will extend both dates to May 31, 2014. The extension is intended to alleviate the financial burden compliance may cause in light of the poor condition of the current economy. (The remainder of this page intentionally left blank) Meeting Date: June 2, 2011 Ordinance 10, 2011 Page 3 of 5 PROPOSED CITY CODE AMENDMENT Staff recommends approval of a text amendment to the following Code Section. The text amendment revises LDR Sections 78 -228 and 78 -229, which regulate projects located within the NBOZ (Deletions are stFusiF, new language is underlined): ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 3. NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT Sec. 78 -228. Landscape elements. (a) (This subsection shall remain in full force and effect as previously adopted.) (b) Administration. (1) Applicability. The provisions of this section shall apply to all existing and future development within the boundaries of the NBOZ as follows: a. New development. All new development. b. Existing development. All existing development shall conform with the provisions of the section regulati by a date certain of May 31. 2014. (2) -(4) (These subsections shall remain in full force and effect as previously adopted.) (c) -(o) (These subsections shall remain in full force and effect as previously adopted.) Sec. 78 -229. Signage and outdoor displays. (a) General provisions. (1) (This subsection shall remain in full force and effect as previously adopted.) (2) Nonconforming signs. A nonconforming sign is any sign which was established pursuant to the issuance of a sign permit on or before the effective date of these regulations, and which is rendered nonconforming by the provisions of this section. a. All accessory signs, wall signs, freestanding signs, awning signs, pole signs, and ground signs erected within the corridor that do not conform to the terms of this section shall conform GYeF!a by a date certain of May 31. 2014 or be removed from the premises. Meeting Date: June 2, 2011 Ordinance 10, 2011 Page 4 of 5 (b. -e.) (These subsections shall remain in full force and effect as previously adopted.) (3) -(6) (These subsections shall remain in full force and effect as previously adopted.) (b) -(k) (These subsections shall remain in full force and effect as previously adopted.) (NOTE: The proposed amendment eliminates the current compliance deadlines to provide an extended deadline in an effort to provide relief to the business community.] STAFF ANALYSIS The proposed amendment will extend the deadlines for both landscaping and signage to May 31, 2014. It is the City's intent to provide an extended time period for projects located within the NBOZ to comply with the regulations set forth in the overlay in order to alleviate the financial burden compliance may cause in light of the poor condition of our current economy. INTERGOVERNMENTAL COORDINATION On February 14, 2011, the City sent a letter to the Northlake Boulevard Task Force informing them of the proposed time extension for landscaping and signage compliance (see attached Letter to Northlake Boulevard Task Force). While the City understands that the original intent of the task force was for all of the jurisdictions to implement similar compliance deadlines, it recognizes the poor current state of our economy and feels that the time extension will grant relief to the business community. A similar extension has been adopted by the Village of North Palm Beach and the Town of Lake Park. The Village of North Palm Beach approved an ordinance to extend the compliance deadline for both landscaping and signage until May 31, 2014. Lake Park has also approved an ordinance to extend their deadline until 2016. At this time Palm Beach County is not proposing any extensions. The County's current deadline is September 30, 2011. These matters were discussed at the Northlake Boulevard Task Force meeting held on March 25, 2011. The Task Force also voted to extend its Interlocal Agreement by five (5) years at this meeting. The proposed extension language is being drafted, and will be brought before the City Council at its meeting on July 19, 2011. PLANNING, ZONING, AND APPEALS BOARD On April 12, 2011, the Planning, Zoning, and Appeals Board (PZAB) recommended approval of the petition to City Council by a vote of 7 -0. Meeting Date: June 2, 2011 Ordinance 10, 2011 Page 5 of 5 CITY COUNCIL On May 5, 2011, the City Council unanimously approved the petition on First Reading. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 10, 2011 as presented. LAND DEVELOPMENT § 78 -228 a Sec. 78.228. Landscape elements. (a) Purpose and intent. The provisions of this section are intended to ensure that properties within the NBOZ meet minimum landscaping standards in order to: (1) Improve and sustain the aesthetic appearance of the jurisdiction through creative landscaping which helps to harmonize and enhance the natural and built environ- ment. (2) Promote water conservation by encouraging xeriscaping and utilization of native and drought tolerant landscape material and utilization of water conserving irrigation practices; (3) Provide a visual buffer between otherwise incompatible types of land uses and adjacent rights -of -way. (4) Encourage innovative and cost - effective approaches to the design, installation, and maintenance of landscaping. (b) Administration. (1) Applicability. The provisions of this section shall apply to all existing and future development within the boundaries of the NBOZ as follows: a. New development. All new development. b. Existing development. All existing development shall conform with the provisions of the section eight years from the effective date of these regulations. (2) Exemptions. All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions of this section, but only with respect to those trees planted and growing which are for sale to the general public in the ordinary course of the business. The landscaping required for buildings and parking lots shall be provided. (3) Waiver. The landscape regulations may be waived in whole or part by the jurisdiction when a property owner has demonstrated that the requirements contained in this section will reduce required parking, or substantially restrict the operation of the existing business or property's use. (4) Compliance. Failure to install, maintain, or preserve landscaping or native vegetation required in accordance with the terms of this section shall constitute a violation of this section. a. Failure to comply. If the property fails to meet the requirements of this section, or if the existing trees, shrubbery, grass, or groundcover are permitted to die, and such materials are not replaced within 30 days of the event, the code enforcement officer shall notify, in writing, the person responsible for the maintenance or replacement of such property of the need to comply with the requirements of this section within 30 days from the date of delivery of the notice. b. Extensions. The 30 -day rule for compliance may be extended when necessary by the jurisdiction to recover from acts of nature such as a hurricane or a drought. supp. No. 13 CD78:196.29 § 78 -228 PALM BEACH GARDENS CODE b. Trees having crown die -back or decay greater than one -third the tree canopy. fk�- C. Trees having suffered damage due to natural or accidental causes. d. Trees having insect or disease damage greater than one -third of the tree crown. (Ord. No. 30 -2002, § 2(Exh. A, §§ 4- 1- 4 -15), 9 -4 -02) Sec. 78 -229. M, agb and outdoor displays. (a) General provisions. (1) Intent. It is the intent of this section to: a. Regulate and limit the existing and proposed posting, display, erection, use and maintenance of signs and other advertising structures within the NBOZ. b. Protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of the NBOZ. C. Secure and preserve the right of free expression guaranteed by the First Amendment of the Constitution of the United States. (2) Neacanfnrml -4 signs. A nonconforming sign is any sign which was established pursuant to the issuance of a sign permit on or before the effective date of these regulations, and which is rendered nonconforming by the provisions of this section. a. AAtaccessory signs, wall signs, fFeestanding signs,.- aw.ning.signs, pole,signsi and - groundsigus,erected within the corridor that do not conform to the terms of this section sha11 conform ten years:ftm the adoptiort- of this overlay or be removed from the premises. b. A face change on a wall sign, awning sign, pole sign or ground sign will not require the sign to conform. However, all other signs and outdoor displays including, but not limiting to flags, balloons, banners and temporary signs shall be removed within 30 days of the date of the effective date of this section. c. A nonconformingyip'may n6bbv-enlorged dr'alter il. d. If a nonconforming sign is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at the time of the damage, the sign may not be rebuilt or used thereafter unless it conforms to all of,the provisions of this section. e. Legal billboards that are subject to existing settlement agreements with Palm Beach County are not to be considered nonconforming, and therefore are not subject to the amortization schedule set forth in the NBOZ. (3) Amortized signage. Signs subject to an amortization schedule by a jurisdiction, prior to the adoption of the NBOZ, shall be required to adhere to the previous amortization schedule. $upp. No. 13 CD78:196.48 August 15, 1997 RESOLUTION 57, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT TO FORM A TASK FORCE FOR THE PURPOSE OF FACILITATING RENOVATION AND /OR REDEVELOPMENT OF THE NORTHLAKE BOULEVARD CORRIDOR BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE PARK, THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the associated properties within the Northlake Boulevard Corridor (herein referred to as "the Corridor") located along Northlake Boulevard, west of Federal Highway (U.S. 1) and east of Military Trail, have, in recent years, suffered a decline in quality of land uses; WHEREAS, the decline in quality of land uses within the Corridor negatively impacts taxable value and provision of services, as well as the aesthetic appearance of the properties; WHEREAS, portions of the Corridor are located in North Palm Beach, portions are located in Lake Park, portions are located in Palm Beach Gardens, and portions are located in unincorporated Palm Beach County; WHEREAS, North Palm Beach, Lake Park, Palm Beach Gardens, and Palm Beach County desire to encourage improvement, enhancement, and/or redevelopment of the Corridor; WHEREAS, the respective governing bodies of North Palm Beach, Lake Park, Palm Beach Gardens, and Palm Beach County desire to appoint a joint task force for the purposes of facilitating renovation and/or redevelopment of the Corridor; WHEREAS, to develop such a plan will require legal assistance, as well as consultants in such areas as land use planning, engineering and economics; and WHEREAS, it is the desire of North Palm Beach, Lake Park, Palm Beach Gardens, and Palm Beach County to accomplish these joint objectives in an expeditious manner pursuant to the authority in Chapter 163, Part I, Florida Statutes, "The Florida Interlocal Cooperation Act of 1969." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement between the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens, and Palm Beach County which is attached hereto as Exhibit "A." SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS�I.t DAY U�97. i Awvfal ``RUSSO, MAYOR ATTEST: APPROVED AS TO FORM AND LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY Cff ATTORNEY VOTE: AYE NAY AST MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMEN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK s/ — Resolution 57, 1997 Page 2 August 16, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 30, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78, "LAND DEVELOPMENT," ARTICLE V, "SUPPLEMENTAL REGULATIONS," OF THE CITY CODE OF ORDINANCES TO INCLUDE A NEW DIVISION 3, "NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT;" AMENDING THE OFFICIAL ZONING MAP TO DEPICT THE NEW ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has entered into an interlocal agreement with the Village of North Palm Beach, Town of Lake Park, and Palm Beach County to create a Northlake Boulevard Corridor Task Force, whose charge is to improve the appearance of the commercial area of Northlake Boulevard between Military Trail and U.S. Highway One; and WHEREAS, the Northlake Boulevard Corridor Task Force has prepared a new Northlake Boulevard Overlay Zoning District (NBOZ), and has recommended its adoption by all four participating local governments; and WHEREAS, the Northlake Boulevard Corridor Task Force has recommended that all four participating local governments enter into an interlocal agreement and a joint planning agreement to implement the zoning regulations contained in the NBOZ; and WHEREAS, the City Council is considering a text amendment to the Future Land Use Element in the City's comprehensive plan to add Objective 1.1.9 and Policy 1.1.9.1 to support the efforts of the Northlake Boulevard Corridor Task Force; and WHEREAS, on June 11, 2002, the Planning and Zoning Commission, sitting as the city's Land Development Regulations Commission under Florida Statutes, conducted a public hearing and recommended approval of the NBOZ; and WHEREAS, the City Council has determined the adoption of this text amendment to the city's zoning regulations and the amendment of the Official Zoning Map to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Ordinance 30, 2002 August 16, 2002 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends the City's Code of Ordinances by amending Chapter 78, "Land Development," Article V, "Supplemental District Regulations," to add a new Division 3, entitled " Northlake Boulevard Overlay Zoning District." All remaining divisions in Article V shall be renumbered accordingly. Attached hereto as Exhibit "A" and incorporated herein by this reference are the specific regulations for inclusion in Division 3, which as entitled "Design Guidelines — Northlake Boulevard Overlay Zoning District," dated March 11, 2002, prepared by Michael Redd and Associates, P.A. SECTION 3: The Northlake Boulevard Overlay Zoning District shall apply to all properties located on Northlake Boulevard, one property deep, from all four corners of Military Trail east to the City's corporate boundary. The properties currently included in the Northlake Boulevard Overlay Zoning District are depicted in Exhibit `B" and Exhibit "C" attached hereto and incorporated by this reference. The Northlake Boulevard Overlay Zoning District shall apply to all additional properties located on Northlake Boulevard, one property deep, from all four corners of Military Trail east to the City's corporate boundary, as may be annexed by the City at a future date. SECTION 4: The City's Growth Management Administrator is hereby directed to have the City of Palm Beach Gardens Official Zoning Map amended to indicate the boundaries of the new Northlake Boulevard Overlay Zoning District, as indicated in the attached Exhibit `B." SECTION 5: It is the intention of the City Council and it is hereby ordained that the provisions of this ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 8: This Ordinance is expressly contingent upon and shall be effective upon the effective date of Ordinance 7, 2002. Ordinance 30, 2002 2 s PASSED, FIRST READING PASSED, SECOND READING PASSED, ADOPTED AND APPROVED VICE MAYOR SABATELLO ATTEST: _ PA ``DEl ;.�17 CLERK .�1 to VOT$-- IUTF 1�:10 ICI VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Ordinance 30, 2002 August 16, 2002 this 15"' day of August 2002. this day of JVwel+` 2001 this Cf day of4fye .c 20O x, C I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT f a 3 ... +•+aK►M.}:ip,�.a ..t..w',33�' -r+ A'� '' .—.' ..�.�/�:u s 1 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4898 www.pbgfl.com February 14, 2011 RE: Northlake Boulevard Overlay Zone — Extension of timeframe for compliance for landscape and signage regulations Dear Northlake Boulevard Task Force Member: The purpose of this letter is to inform the members of the Northlake Boulevard Task Force that the City of Palm Beach Gardens will be amending its Land Development Regulations (LDRs) related to the Northlake Boulevard Overlay Zone (NBOZ) to extend timeframes for compliance with landscape and signage regulations. The original deadlines for compliance with NBOZ regulations and amortization schedule for those properties with nonconforming landscaping and signage are as follows: eight (8) years after the date upon which written notification of nonconformity was provided to the respective property owners for nonconforming landscaping, and ten (10) years after adoption of the NBOZ for nonconforming signage. The City of Palm Beach Gardens implemented the Northlake Boulevard Overlay Zone by adopting Ordinance 30, 2002 on September 4, 2002. In May 2003, the City provided the written notioe required by Ordinance 30, 2002, via certified mail, to each property owner within the NBOZ explaining the landscape and signage compliance requirements, and established deadlines for compliance with NBOZ landscape regulations for May 31, 2011, and for NBOZ signage regulations for May 31, 2013. The City of Palm Beach Gardens intends to amend its LDRs in order to extend both of these deadlines to May 31, 2014. The City understands that when the NBOZ was initially adopted each of the Implementing jurisdictions generally agreed to adopt similar NBOZ compliance deadlines In order promote consistency along the Northlake Boulevard corridor. However, due to the current poor condition of the national, state, and local economies, the City of Palm Beach Gardens feels that it would be In the best interest of the City to grant relief from the enforcement of these regulations to its business community. If you have any questions, please feel free to contact me at (581) 799 -4243. jSI ce i alie w CP ector of Zoning oc: Mayor David Levy Vice -Mayor Bert Pnemuroso Council Member Joe Russo Council Member Eric Jablin Council Member Made Tinsley Ron Fells, City Maratger Barbara Alterman, Executive Director, Planning, Zoning, & Building, Palm Beach County Maria Davis, City Manager, Town of Lake Park Chuck Huff, Director, Community Development, Village of North Palm Beach 1 ORDINANCE 10, 2011 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. BY REVISING SECTION 78- 228(b)(1) AND 7 SECTION 78- 229(a)(2) IN ORDER TO EXTEND THE DEADLINE 8 FOR SIGNAGE AND LANDSCAPING COMPLIANCE UNDER THE 9 NORTHLAKE BOULEVARD OVERLAY ZONE TO MAY 31, 2014; 10 PROVIDING THAT EACH AND EVERY OTHER SECTION AND 11 SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL 12 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 13 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 14 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 15 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 16 17 18 WHEREAS, the City Council of the City of Palm Beach Gardens has determined 19 that the current compliance deadlines for the Northlake Boulevard Overlay Zone 20 (NBOZ) of May 31, 2013, and May 31, 2011, for signage and landscaping should be 21 extended to May 31, 2014; and 22 23 WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals 24 Board, sitting as the Local Planning Agency, at a public hearing on April 12, 2011, and 25 the Board recommended approval by a vote of 7 to 0; and 26 27 WHEREAS, the City Council deems approval of this Ordinance to be in the best 28 interests of the health, safety, and welfare of the residents and citizens of the City of 29 Palm Beach Gardens and the public at large. 30 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the 36 City of Palm Beach Gardens, Florida is hereby amended by revising Section 78- 37 228(b)(1) and Section 78- 229(a)(2); providing that Sections 78- 228(b)(1) and 78- 38 229(a)(2) shall hereafter read as follows: 39 40 ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS 41 42 DIVISION 3. NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT 43 44 Sec. 78 -228. Landscape elements. 45 46 (a) (This subsection shall remain in full force and effect as previously adopted.) Page 1 of 4 1 (b) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 10, 2011 Administration. (1) Applicability. The provisions of this section shall apply to all existing and future development within the boundaries of the NBOZ as follows: a. New development. All new development. b. Existing development. All existing development shall conform with the provisions of the section regulatioes by a date certain of May 31. 2014. (2) -(4) (These subsections shall remain in full force and effect as previously adopted.) (c) -(o) (These subsections shall remain in full force and effect as previously adopted.) Sec. 78 -229. Signage and outdoor displays. (a) General provisions. (1) (This subsection shall remain in full force and effect as previously adopted.) (2) Nonconforming signs. A nonconforming sign is any sign which was established pursuant to the issuance of a sign permit on or before the effective date of these regulations, and which is rendered nonconforming by the provisions of this section. a. All accessory signs, wall signs, freestanding signs, awning signs, pole signs, and ground signs erected within the corridor that do not conform to the terms of this section shall conform this overlay by a date certain of May 31. 2014 or be removed from the premises. (b. -e.) (These subsections shall remain in full force and effect as previously adopted.) (3) -(6) (These subsections shall remain in full force and effect as previously adopted.) (b) -(k) (These subsections shall remain in full force and effect as previously adopted.) SECTION 2. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Page 2 of 4 Ordinance 10, 2011 1 SECTION 3. Should any section or provision of this Ordinance or any portion 2 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 3 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 4 5 SECTION 4. Specific authority is hereby given to codify this Ordinance. 6 7 SECTION 5. This Ordinance shall become effective immediately upon adoption. 8 9 10 11 (The remainder of this page intentionally left blank) 12 13 14 15 16 17 18 19 20 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 3 of 4 Ordinance 10, 2011 1 PASSED this day of , 2011, upon first reading. 2 3 PASSED AND ADOPTED this day of 2011, upon 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: 11 David Levy, Mayor 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 Joseph R. Russo, Councilmember 18 19 20 Eric Jablin, Councilmember 21 22 23 Marcie Tinsley, Councilmember 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 G:\ attorney_ share \ORDINANCES\2011 \Ordinance 10 2011 - extend landscape - signage deadline - nboz.docx Page 4 of 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 Ordinance 11, 2011 Subject/Agenda Item: Ordinance 11, 2011, Amending Section 26, Elections of the City's Code of Ordinances [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: Council Action: $ 0 City Attorney City Clerk Approved *%� $ Patricia Snider, City Cleric Current FY [ ] Approved w/ Conditions R. M& Lohman, Esq. [ ] Denied Advertised: NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other • Ordinance 11, 2011 - Exhibit "A" [ x ] Not Required Submitted by: Department Director j1—,2j(1W Patricia Snider Affected parties [ ] Notified Budget AcctAk Approved by: City Man er _[ Not required Ronald . F rris Meeting Date: June 2, 2011 Ordinance 11, 2011 Page 2 of 4 BACKGROUND: It has been determined that Section 26, Elections of the City's Code of Ordinances be revised. Although some changes are housekeeping in nature, other sections have had significant modifications, elimination, or combination within other sections. The following summarizes the proposed changes: Sec. 26 -1. Definitions. • Absent elector or absentee voter means. o Removes the term inspector and deputy sheriff. • Supervisor means: o This change adds the city clerk as supervisor for municipal elections. Sec. 26 -3. Method of qualifying. • Removing the F.S. requirement for filing fee and replacing it with Code Section 26-4(a)(2). Sec. 26-4. Time for qualifying. • Combines Section 26-4, Time for qualifying and Section 26-24, Alternative method of qualifying into one section titled Time for qualifying and methods of qualification Sec. 26 -5. Single candidate and vacancy in candidacy for city council. • Clarifies the section title, language regarding death, withdrawal, or removal and adds language regarding the method to fill a vacancy. Sec. 26-6. Calling of election. • Removes the term "majority of the votes cast" and replaced with "the highest number of votes" cast declared to be elected eliminating the requirement for a run -off election. • Specifies the procedure in case of a tie. Sec. 26 -7. Calling of election. • Removed this section and combined into Section 26 -6. Sec. 26-8. Initiative and referendum. • Renumbered to Section 26 -7 • Clarified Section 26 -7(f), Determination of sufficiency. • Clarified Section 26 -7(g), Verification. • Added liability for election expenses if petition is withdrawn. Sec. 26 -9. Bond authorization; involuntary annexation. • Renumbered to Section 26-8 with no changes. Meeting Date: June 2, 2011 Ordinance 11, 2011 Page 3 of 4 Sec. 26-10. Precincts. • Renumbered to Section 26 -9. • Changes in precinct boundaries and locations determined by the Supervisor of Elections shall be provided to the city council prior to approval by the board of county commissioners • Authorizing the city clerk to consolidate precincts as necessary. Sec. 26 -11. Notice of election. • Renumbered to Section 26 -10 with no changes. Sec. 26 -12. Polling Places. • Renumbered to Section 26 -11. • Authorizing the city clerk to consolidate precincts as necessary. • Removed arrangement of polling place by F.S. Sec. 26 -13. Voting machines. • Removed this section. Sec. 26-14. Ballots. • Renumbered to Section 26 -12. • Corrected F.S. • Removed declaration of election by Resolution for unopposed candidates. Sec. 26 -15. Poll workers. • Renumbered to Section 26 -13 with no changes. Sec. 26 -16. Absentee voting. • Renumbered to Section 26 -14 with no changes. Sec. 26 -17. Canvassing board. • Renumbered to Section 26 -15. • Removed the Council from the canvassing board. • Added the city cleric or designee to the canvassing board. Sec. 26-18. Recounts. • Renumbered to Section 26 -16. • Changed the language for machine recounts. • Changed the language so that any manual recount will be conducted by the canvassing board. Sec. 26 -19. Protests and contests. • Renumbered to Section 26 -17. • Removed reference to canvassing board. Meeting Date: June 2, 2011 Ordinance 11, 2011 Page 4 of 4 Sec. 26 -20. Campaign practice — Policy. • Renumbered to Section 26 -18. • Removed wording for issue elections. Sec. 26 -21. Same — Unfair acts. Removed this section. Sec. 26-22. Penalty. Removed this section. Sec. 26 -23. Early voting exemption. Renumbered to Section 26 -19 with no changes. Sec. 26 -24. Alternative method of qualifying. • Removed this section — combined into Section 26-4. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 11, 2011 as presented on first reading. ORDINANCE 11, 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY'S CODE OF ORDINANCES BY REPEALING CHAPTER 26. ELECTIONS. IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE PROCESS UTILIZED TO CONDUCT THE CITY'S MUNICIPAL ELECTIONS AND METHODS OF QUALIFYING; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council desires to revised and clarify the election procedures for the City's municipal elections; and WHEREAS, the City Council desires to amend the regulations for qualifying for municipal office and filling an unanticipated council vacancy; and WHEREAS, the City council desires to provide general internal consistency with the City Code; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Chapter 26. Elections. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby repealed and readopted, as revised; providing that Chapter 26. Elections. shall hereafter read as follows: See Exhibit "A ", which is attached hereto and made a part hereof. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Page 1 of 3 Ordinance 11, 2011 SECTION 5. Specific authority is hereby granted to codify this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 2 of 3 1 PASSED this day of 2 3 PASSED AND ADOPTED this 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS 8 9 10 BY: 11 David Levy, Mayor 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 Joseph R. Russo, Councilmember 18 19 20 Eric Jablin, Councilmember 21 22 23 Marcie Tinsley, Councilmember 24 25 26 ATTEST: 27 28 29 BY: Ordinance 11, 2011 , 2011, upon first reading. day of , 2011, upon FOR AGAINST ABSENT 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 G : \attorney_share \ORDINANCES\2011 \Ordinance 11 2011 -Chapter 26- Election Code.docx Page 3 of 3 EXHIBIT "A" Sec. 26 -1. Definitions. Ordinance 11, 2011 The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Absent elector or absentee voter means any qualified and registered elector of the city who: (1) Is unable without another's assistance to attend the polls and cast his ballot at the appropriate polling place; (2) Is as inspestsF a poll worker, election official, deputy sh , supervisor of elections, city clerk, or any deputy or assistant thereto required to administer the conduct of the election and is unable to cast a vote in the precinct in which registered; (3) Cannot attend the polls on the day of any city election due to the tenets of his religion; or (4) Will not be in the city during the hours the polls are open for voting on the day of a city election. Ballot or official ballot means: (1) When voting machines are used, that portion of the printed strips of paper or other material within the ballot frames containing the names of candidates or ballot question of an issue to be voted upon at a city election; (2) When paper ballots are used, a printed sheet of paper containing the names of candidates or ballot question of an issue to be voted upon at a city election; (3) When electronic devices are used, a ballot voted by the process of punching or marking with a marking device for tabulation by automatic tabulating equipment or data processing equipment; or (4) When absentee ballots are used, a printed sheet of paper or other material containing the names of candidates or ballot question of an issue to be voted upon at a city election. Candidate means any individual to whom one or more of the following applies: Page 1 of 16 Ordinance 11, 2011 (1) Any individual receiving contributions or making expenditures, or giving consent for another person to do so, with the intent of bringing about that individual's election to city office; (2) Any individual who appoints a treasurer and designates a primary depository pursuant to F.S. § 106.021; or (3) Any individual who meets the requirements of section 17 -2 of the Charter and sections 26 -3 and 26 -4 of this chapter. Election means any city election, be it to choose elected officials or consider issues, including regular elections, issue elections, and special elections. Elector voter means a qualified resident of the city on the day of the election properly registered in accordance with F.S. §§ 97.041 through 97.111. Issue means a proposed amendment to the city Charter, an ordinance proposed by initiative pursuant to section 22 -1 of the Charter, a proposed repeal of an ordinance by referendum pursuant to section 22 -1 of the Charter, the recall of an elected official, an authorization to issue bonds or other forms of indebtedness, a proposed annexation of territory into the city, straw ballot, or any other public question to be voted upon by the electors of the city pursuant to state law, city Charter, local ordinance, or call of the city council. Issue election means an election called for the purpose of approving or disapproving an issue. Newspaper of general circulation means a newspaper which is readily available for purchase by all inhabitants in the city, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. Nonpartisan or nonpartisan office means an office for which a candidate is prohibited from campaigning or qualifying as a candidate for election based on, or with reference to, political party affiliation. Office or city office means a city position filled by the electors at an election. Polling place means a particular room or area where electors cast their votes. Precinct means that geographical area designated by the board of county commissioners upon recommendation of the county supervisor of elections pursuant to F.S. § 98.031. Page 2 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 11, 2011 Qualifying means the procedure pursuant to section 17 -2 of the Charter, and sections 26 -3 and 26 -4 of this chapter, whereby an individual causes his name to be placed on the next city election as a candidate for city office. Special election means an election called for the purpose of filling a vacancy in election city office or to approve or disapprove an issue. Supervisor means the supervisor of elections of the county and /or the city clerk for municipal elections. Voting machine means the electromechanical or electronic equipment or device approved or certified by the secretary of state pursuant to F.S. § 101.28, 101.294, or 101.5605 used to cast ballots in an election and owned or provided by the supervisor of the -seunty elections. Sec. 26 -2. Duties of city clerk. City elections shall be conducted in a proper and legal manner under the supervision of the city clerk. Subject to the approval of the city council, the clerk may delegate any or all of the responsibilities for administering the election to the supervisor. Sec. 26 -3. Method of qualifying. (a) Each individual, in order to qualify as a candidate for city office, shall take and subscribe to an oath or affirmation in writing in a form substantially similar to the following: STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF PALM BEACH GARDENS OATH OF CANDIDATE Before me, an officer authorized to administer oaths, personally appeared (Please print name as you wish it to appear on ballot) to me well known who, being sworn, says that he /she is a candidate for the office of ; that he /she is a qualified elector of Palm Beach County, Florida; that he /she has taken the oath required by F.S. §§ 876.05 through 876.10; that he /she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he /she seeks; and that he /she has resigned from any office from which he /she is required to resign pursuant to F.S. § 99.012. Page 3 of 16 Signature of Candidate Ordinance 11, 2011 1 (b) Each person seeking to qualify as a candidate for city council, in addition to 2 meeting the requirements of section 17 -2 of the Charter, shall file with the city clerk a 3 request that his /her name be printed on the next city election ballot in accordance with 4 section 17 -2 of the Charter, together with campaign finance reports required by F.S. 5 §106.07, the qualifying fee pFevided by statute in accordance with section 26- 4(a)(2), 6 and a statement of financial interests required by F.S. § 112.3145, if applicable, or 7 copies in lieu of originals previously filed. No individual may file a petition to qualify as a 8 candidate for more than one office. 9 10 Sec. 26-4. Time for qualifying and methods of qualification. 11 12 (a) Filinq fee method. 13 14 (a)JL A person may qualify as a candidate for city council in accordance with 15 section 26 -3 during the last 15 days of the month of January next preceding a 16 city general election no later than 4 :30 p.m. of the last day of such qualifying 17 period, provided, that if such day falls on a Saturday, Sunday, or city holiday, 18 then the filing date shall be extended to 4:30 p.m. the next full business day. 19 20 (b.)JQ The candidate shall not be is required to appear in person before the city 21 clerk in order to qualify as a candidate and pay a filing fee calculated at three 22 percent of the annual salary of the office and a State of Florida Election 23 Assessment Fee calculated at one percent of the annual salary of the office. 24 25 26 qualifying period. 27 28 (OLI There shall be no refund of qualifying-fee upon the withdrawal of candidacy 29 for any reason. 30 31 (b) Alternative method of quanif q- 32 33 (1) A person seeking to qualify for election for council member may qualify to 34 have his /her name placed on the ballot by means of the petitioning process 35 prescribed in this section, providing he /she satisfies all other qualifying 36 requirements. 37 38 (2) A person using this petitioning process who wishes to have the State of 39 Florida Election Assessment waived, must file an oath with the city clerk 40 stating that he /she intends to qualify for the office sought and stating that 41 he /she is unable to pay the assessment for that office without imposing an 42 undue burden on his /her personal resources or on resources otherwise 43 available to him /her. A person using this petitioning process to waive the 44 municipal assessment need not execute such oath. 45 46 Page 4 of 16 Ordinance 11, 2011 1 (3) The notice of intent to qualify alternatively, and the oath if applicable, shall be 2 filed at any time during the first 15 days of December of the year prior to the 3 year in which the election is to be held. If the 15t" day falls on a weekend or 4 holiday, the deadline shall be extended to the next business day at 4:30 p.m. 5 The city clerk shall prescribe the form to be used in the notice of intent. 7 (4) Upon receipt of the notice of intent and the oath, if applicable, from a 8 candidate, the city clerk shall provide the candidate with petition forms in 9 sufficient numbers to facilitate the gathering of signatures pursuant to this 10 section. Such forms shall be prescribed by the city clerk. If a candidate 11 requires additional petition forms, he /she may make copies of the petition 12 forms obtained from the city clerk so long as such copies are clear and 13 legible. Candidates who choose to use self- copied petition forms shall do so 14 at their own risk. 15 16 (5) After filing the notice of intent and the oath, if applicable, the candidate may 17 begin to seek signatures on petitions supporting his /her candidacy. Only 18 signatures of electors who are registered to vote in the city shall be counted 19 toward obtaining the minimum numbers as prescribed in this subsection. A 20 candidate shall obtain the signatures of a number of qualified electors equal 21 to at least one percent of the total number of registered electors of the city as 22 shown by the certified election results for the last preceding municipal 23 election, which results are prepared by the Supervisor of Elections for Palm 24 Beach County and furnished to the city clerk. 25 26 (6) Each candidate shall submit the petitions for verification to the city clerk no 27 later than noon of the 10th day preceding the first day of qualifying by filing 28 fee. The city clerk shall cause the signatures to be verified as to their status 29 as electors of the city. Upon receipt of verification from the supervisor of 30 elections, the city clerk shall notify each candidate of the status of his or her 31 petition. If the required number of signatures has been obtained, the 32 candidate shall, during the time prescribed for qualifying for office, submit a 33 copy of such notice and file his /her qualifying papers and oath with the city 34 clerk. The candidate shall submit payment from the candidate's campaign 35 account to the Supervisor of Elections for the cost of verification of the 36 electors' signatures. 37 38 (7) For any special election after the date of this ordinance, the city clerk shall 39 establish such deadlines for alternatively qualifying as are necessary to 40 comply with the deadlines established by the Supervisor of Elections. 41 42 Sec. 26 -5. Single candidate and V vacancy in candidacy for city council. 43 44 (a) if the death, 45 the rle6e fOF Gandidates fGF 4 Gity GOUnGil eGGUFs afteF of qualifiGatien said offire, and 46 rUGh death, 9F removal leaves feweF than tWG OF nG Gand*date6 feF t withdrawal Page 5 of 16 Ordinance 11, 2011 1 , 2 offoGe shall be FeepeRed feF a peried ef five business days f0l'OWiRg the date the 3 4 5 6 is plaGes ef the FeepeRiRg ef qualifyiRg. In the event that not more than one 7 person qualifies as a candidate for each of the seats for the offices of city 8 councilmember, then an election shall not be held. Each candidate shall be deemed to 9 have voted for him /herself. 10 11 (b) if the death, withdrawal OF Femoval from the ballet of a qualified Gandidate 12 Gity GGURG;I eGGurs less thaR 15 days before the eleGtiGn and qualifyiRg shall be 13 , 14 be delayed at least 46 day6 at which tome the muniGipal general eleGtOOR for that offiGe 15 16 17 18 shall be a quarteF page display adveFtisemeRt appeaFing at least 25 days prieF to the 19 FeSGheduled eIeGt5GR If no person qualifies as a candidate for any particular seat 20 for the office of city councilmember, then those seat(s) shall be declared vacant and it 21 shall be the duty of the remaining members of the city council who are seated to appoint 22 a qualified person to fill the vacancy by majority vote. The member(s) appointed to fill a 23 vacancy in the office of city councilmember shall serve until the next general municipal 24 election of the City of Palm Beach Gardens or countywide election, whichever occurs 25 sooner. 26 27 (c) There shall be no refund of qualifying fee upon the withdrawal of candidacy 28 for any reason. 29 30 Sec. 26 -6. Calling of election. 31 32 (a) City general elections shall be held on the second Tuesday of March. 33 34 (b) Whenever a general or special election is held to fill any elective office in the 35 city, the candidate receiving 36 effiGe shall be deGlaFed te be duly eleGted the highest number of votes, even if it is not a 37 majority of the votes cast by all electors casting ballots for that office, shall be declared 38 to be elected; provided, however, notwithstanding the foregoing provision, should two or 39 more candidates tie for the highest number of votes from all electors casting ballots for 40 that seat for Councilmember, then the candidates receiving the highest number of votes 41 shall be declared candidates for the second or "run -off' election.; pFevided that if Re 42 43 sueh eleGfien to fill SUGh effirae, then a Fun off eleGtmen shall be held e.n. the feuk.h 44 ; and iR the 45 event a speGial eleGtien as held, and a Fun off eleGtien is FequiFed, theR the Fun 46 elerateon shall be held two weeks fFOFn date of the oFiginal speGial eleGtien-, PFGVid Page 6 of 16 Ordinance 11, 2011 1 NOW, 2 3 4 ; pFevided 5 6 6UGh GffiGe, 69 that it r---annet. be determiRed WhiGh Me had FeGeived the greatest and t149 7 , then the Rames of all 6UGh Gandidate6 shall be sUbFnitt 8 9 eleGtien 6hall be deGlaFed eleGted tG SUGh OffiGe, 10 FeGeived a MajeFity of the votes Ga6t to fill SUGh OffiGe at SUGh F61R off eleGtien. 11 12 (1) In the second or "run -off' election, there shall be on the ballot those 13 candidates for seats for the office of city councilmember for those offices 14 wherein candidates tied for the highest number of votes from all electors 15 casting ballots for that seat in the first election. 16 17 (2) In the event a candidate withdraws or dies before the second or "run -off' 18 election and leaves only one candidate for each vacancy for a seat for the 19 office of city councilmember to be filled, then the second or "run -off' election 20 shall not be held for that office. Each candidate shall be deemed to have 21 voted for him /herself. 22 23 (3) In the second or "run -off' election, the remaining offices shall be filled by the 24 candidate(s) receiving the highest number of votes for each seat for the office 25 of city councilmember. 26 27 (c) Upon a vacancy in the office of the city council, the date for a special election, 28 if required to fill such vacancy, shall be established by resolution of the council. The 29 date of election, the qualifying period, and notice of requirements pertaining to such 30 election shall be set forth theFeen. in accordance with section 4 -4 of the city Charter. 31 32 (d) Except as otherwise provided by state law or city Charter, an issue election 33 may be called by the city council by ordinance or resolution. All issue elections shall be 34 held in conjunction with a regular state, county, or city general election. 35 36 (e) The council shall, in the resolution or ordinance calling the election, provide 37 the language to appear on the ballot. 38 39 SeG. 26 7. Calling Gf ellertion. 40 41 , an issue eleGtiGn 42 Fnay be Galled by the eity oewnGil by GFdinanGe OF Feselution. VVheneveF possible, _ the 43 i66ue eleGtiGRS _ . 44 45 (b) No issue elentien mw be hold lees than 46 days after the date the elentinn 46 Galled, unless 69 PFGVided by 6tate law. Page 7 of 16 Ordinance 11, 2011 1 , provide 2 the language te appeaF OR the ba4Gt 3 4 Sec. 26-8 26 -7. Initiative and referendum. 5 6 (a) Generally. Ordinances proposed by initiative and referendum to require the 7 reconsideration of any adopted ordinance shall be proposed and voted upon in the 8 manner provided in section 22 -1 of the Charter, and this chapter. 9 10 (b) Initial affidavit. Any five voters may commence initiative or referendum 11 proceedings by filing with the city clerk an affidavit stating they will constitute the 12 petitioners' committee and be responsible for circulating the petition and filing it in 13 proper form, stating their names and addresses and specifying the address to which all 14 notices to the committee are to be sent, and setting out in full the proposed initiative 15 ordinance or citing the ordinance sought to be reconsidered. No petition may be 16 circulated for signature until the filing of this affidavit. 17 18 (c) Issuance of petition blanks. Promptly after the affidavit of the petitioners' 19 committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' 20 committee at the committee's expense. 21 22 (d) Petition requirements. All papers of an initiative petition shall be uniform in 23 size and style and shall be assembled as one instrument for filing. Each signature shall 24 be executed in ink oF iRdelible PeRGH and shall be followed by the address of the person 25 signing. Petitions shall contain or have attached thereto throughout their circulation the 26 full text of the ordinance proposed or sought to be reconsidered. 27 28 (e) Affidavits attached to petitions. Each der -of a rg oup of petitions shall have 29 attached to it, when filed, an affidavit executed by the circulator thereof stating: that the 30 circulator personally circulated the paper petitions being submitted to the clerk; the 31 number of signatures thereon; that all the signatures were affixed in the submitting 32 circulator's presence; that the circulator believes them to be the genuine signatures of 33 the persons whose names they purport to be; and that each signer had an opportunity 34 before signing to read the full text of the ordinance proposed or sought to be 35 reconsidered. 36 37 (f) Determination of sufficiency. Upon the filing of an initiative or referendum, 38 within 48 —hems 14 calendar days the clerk shall determine if it is sufficient as to 39 timeliness, form, content, and circulator affidavits. If not, the clerk shall promptly issue 40 an insufficiency certificate and mail it to the petitioners' committee by registered mail, 41 return receipt requested or other comparable delivery service with confirmation of 42 delivery. An initiative or referendum petition that is deemed insufficient for any reason 43 other than lack of the required number of signatures may not be amended or 44 resubmitted until the next regularly scheduled general city election. 45 46 Page 8 of 16 Ordinance 11, 2011 1 (g) Verification. An initiative or referendum petition deemed by the clerk to be 2 sufficient as to form, content, and circulator affidavits shall be promptly delivered to the 3 supervisor for verification of signatures pursuant to F.S. § 99.097. The petitioners' 4 committee shall pay the supervisor the fee for verification as required by F.S. § 5 99.097(4). The supervisor shall prepare a certificate, which shall be promptly delivered 6 to the clerk, stating the number of signatures checked, the number verified to be 7 registered electors of the city, and the number of signatures determined not to be of 8 registered electors of the city. Upon receipt of the certificate, the clerk shall compare 9 the number of verified signatures to the number equal to 15 percent of the qualified 10 electors of the city as of the last regular city election, and if the number of verified 11 signatures exceeds the requisite number, the clerk shall issue a certificate of 12 sufficiency, and transmit a copy by registered mail to the petitioners' committee, and 13 deliver a copy of the certificate and the proposed ordinance or the ordinance to be 14 repealed to the members of the city council. 15 16 (h) Withdrawal; action by council prior to election. 17 18 (1) At any time prior to the 15th day preGeding t#e election, the petitioners' 19 committee may file with the clerk a written request signed by at least four 20 members of the petitioners' committee under oath for withdrawal of the 21 initiative or referendum petition. Upon filing, the petition shall be considered 22 withdrawn and no longer of any effect. If the council is considering the 23 ordinance at the time of withdrawal, it may, in its discretion, continue such 24 consideration. If an election has been called prior to the petition withdrawal, 25 the clerk shall, upon receipt of the request, transmit a notice thereof to the 26 council and the supervisor, and the council shall by resolution cancel the 27 election. The petitioners' committee and each individual voter comprising 28 such committee shall be held jointly and severally liable for the election 29 expenses incurred by the city up to the date of withdrawal. 30 31 (2) If at any time prior to the election the council adopts the proposed initiative 32 ordinance without any change in substance or repeals an adopted ordinance 33 that is the subject of a referendum petition and an election has been called for 34 the electors to vote on that ordinance, the council shall by resolution cancel 35 that election. 36 37 (i) Approval. 38 39 (1) If an ordinance proposed by initiative is submitted to an election, it shall be 40 adopted if a majority of the electors voting in that election approve the 41 ordinance. It shall be adopted as of the date the results of the election are 42 canvassed and certified in the manner provided in setiGRs 26 17 thFoug" 76_ 43 49 this chapter. The effective date of the ordinance shall be the date the 44 election results are certified or the date set forth in the ordinance, whichever 45 is later. 46 Page 9 of 16 Ordinance 11, 2011 (2) If two or more ordinances are approved at the same election, and in the opinion of the city attorney two or more such ordinances are in conflict, in whole or in part, the election results shall be canvassed and certified, but the ordinance in conflict receiving the largest number of affirmative votes shall be effective to the extent of the conflict, and the conflicting provisions of any other ordinance shall be considered repealed by the ordinance receiving the largest number of affirmative votes. (j) Repeals. If an ordinance sought to be repealed by referendum is submitted to an election, it shall be repealed if a majority of the electors voting in that election approve the repeal. It shall be repealed as of the date the election is canvassed and certified in the manner provided in 6eGt]Gns 26-17 thFaugh.26 19 this chapter. Sec. -26-9 26 -8. Bond authorization; involuntary annexation. (a) An election required by the Charter to approve the issuance of bonds or other forms of indebtedness shall be called and conducted pursuant to F.S. § §100.291 through 100.342 and this chapter. (b) A referendum on the involuntary annexation of land adjacent to the corporate limits shall be held and conducted pursuant to F.S. §171.0413 and the provisions of this chapter to the extent not inconsistent with that statute. Sec. 26-10 26 -9. Precincts. (a) Changes in precinct boundaries and locations determined by the Supervisor shall be provided to the city council prior to approval by the board of county commissioners'. {a3� Those precincts approved by the board of county commissioners' pursuant to F.S. §08.034 - 100.002 situated within the corporate limits of the city are hereby designated as the city precincts to be used in any and all city elections. This subsection constitutes the concurrence of the city to the conforming of the precinct boundaries to the boundaries of the city per F.S. §96- 991(1 -) 101.002. The City Clerk is authorized to consolidate precincts as necessa►y.. �b)jqj The city clerk shall see that a certified copy of any annexation ordinance approved by the city council is sent to the supervisor. Precinct boundaries may shall be altered to conform to the municipal boundaries as changed due to annexation. (G)LM If a precinct boundary is unable to be altered to conform to annexation by the date of a city election, any qualified elector residing within the area annexed shall be eligible to vote in the city election. Page 10 of 16 Ordinance 11, 2011 1 Sec. 26-11 26 -10. Notice of election. 2 3 (a) The city clerk shall cause a notice of election to be published in a newspaper 4 of general circulation within the city at one time during the fourth week and one time in 5 the second week preceding the week in which the election is held. 6 7 (b) The notice shall be styled "City of Palm Beach Gardens Notice of Election" 8 and shall state the date of the election, what offices are to be filled, and any issue to be 9 voted upon. The ballot language of any issue shall be included in the notice. 10 11 Sec. 26-42 26.11. Polling places. 12 13 (a) Whenever possible, those polling places designated and used by the 14 supervisor for federal, state and county elections shall be used for city elections. The 15 city clerk is authorized to consolidate precincts as necessa . 16 17 (b) Each polling place shall, whenever possible, be accessible to the 18 handicapped and comply with the standards of accessibility set forth in F.S. § 19 101.715(1). 20 21 (c4 The polling plane shall be a ange ') in the rr, ��gsribed in C S'� 22 7. `".,"",� h �"" 23 24 (c){4) No one except the inspectors of the elections shall be allowed to speak to the 25 voter while in the polling place casting his vote, and no inspector shall speak or interfere 26 with any voter concerning the manner of his voting or any ballot he may vote, other than 27 to perform his duties as such inspector specified herein. Provided, however, that an 28 elector may seek and receive assistance in accordance with F.S. § 101.051. 29 30 . 31 32 33 owned by the GOunty and supplied by the 34 35 36 37 , the G!eFk shall GonsideF the 38 39 40 , 41 deteFminiRg the RumbeF of Yeting maGhine6 to be U6ed. 42 43 {s} 44 . 45 46 Page 11 of 16 Ordinance 11, 2011 1 Sec. 26-44 26 -12. Ballots. 2 3 (a) The form of the ballot in elections for city council shall be in substantially the 4 same form as the form of the ballot for the state general election as prescribed in F.S. 5 §101.191 ch. 101. Ballots shall be prepared by the supervisor in accordance with state 6 law and this article and with the approval of the city clerk. 7 8 (b) Candidates shall be grouped together on the ballot by seat, and for each seat 9 in alphabetical order by the last name of each candidate. Any issue on a ballot also 10 having candidates for elective office shall be placed in a position on the ballot so that it 11 is separate and distinct from that portion of the ballot containing candidates' names, and 12 shall be placed on the ballot either after or to the right of the candidates' position on the 13 ballot. 14 15 (c) The name of a candidate shall be printed on the ballot on the same form as 16 the name appears on the candidate's request to be placed on the ballot. No title or 17 evidence of incumbency shall be printed. 18 19 (d) The clerk shall publish a sample ballot in a newspaper of general circulation 20 prior to the day of the election, but no more than ten days prior to the election. Such 21 publication shall be conspicuous and not be included within the legal notices and 22 advertisements being published per F.S. ch. 50. 23 24 (e) The names of unopposed candidates shall not appear on the general or 25 special election ballot. Each unopposed candidate shall be deemed to have voted for 26 him- or The Gity GGURGH, , 27 elected- 28 29 Sec. 26-16 26 -13. Poll workers. 30 31 (a) The clerk shall determine and appoint the necessary number of poll workers 32 for any city election. 33 34 (b) Poll workers shall conduct the election in the manner provided in F.S. chs. 35 101 and 102, to the extent not inconsistent with this chapter, and report the results in 36 the manner directed by the city clerk. Electors shall cast their votes in the manner 37 provided in F.S. ch. 101. 38 39 Sec. 26-16 26 -14. Absentee voting. 40 41 The absentee ballot provisions in state law shall apply in city elections. 42 43 Sec. 26-1-7- 26 -15. Canvassing board. 44 45 (a) 46 Page 12 of 16 Ordinance 11, 2011 1 , he shall be FeplaGed b 2 3 4 5 appOiRtmeRtS shall only be FequiFed to eRsuFe that theFe are at least thFee voting 6 membeFG ef the bgaFd-. The city clerk, or designee, and oity atteme and such others as 7 the city council may appoint by resolution shall serve as members of the canvassing ex 8 effirwe FAeFnbeFG of the board. The board shall ensure that the ballots cast for any 9 election are fairly and accurately counted, and shall certify the results of each election. 10 11 (b) The board shall canvass the returns in accordance with F.S. § 102.141(3), 12 and shall canvass absentee ballots in accordance with F.S. § 101.68. 13 14 (c) At such time as the board has canvassed the returns, disposed of any 15 challenges thereto, and ascertained and certified the results, the clerk shall issue a 16 certificate of election to each candidate elected and shall issue a certificate of election 17 of each issue. 18 19 Sec. 26- 18 26 -16. Recounts. 20 21 (a) If the returns for any office reflect that a candidate was defeated by one -half 22 of a percent or less of the votes cast for such office, that a council person subject to 23 recall was retained or not retained by one -half of a percent or less of the votes cast on 24 the question of recall, or that an issue appearing on the ballot was approved or rejected 25 by one -half of a percent or less of the votes cast on such measure, the canvassing 26 board shall order a recount of the votes cast with respect to such office, recall or issue. 27 A recount need not be ordered with respect to the returns for any office, however, if the 28 candidate or candidates defeated or recalled for such office or their designated 29 representatives request that a recount not be made. The board shall examine the 30 counters on the machines or the tabulation of the ballots cast in each precinct in which 31 the office or issue appeared on the ballot and determine whether the returns correctly 32 reflect the votes cast. If there is a discrepancy between the returns and the counters of 33 the machines or the tabulation of the ballots cast, the counters of such machines or the 34 tabulation of the ballots cast shall be presumed correct and such votes shall be 35 canvassed accordingly. 36 37 (b) If a machine recount ordered in accordance with subsection (a) of this section 38 reflects a margin of one -half of one percent or less in an election for an office, a manual 39 recount shall be ordered upon the request of the losing candidate or his designated 40 representative. If a machine recount reflects such a margin in any issue or recall 41 election, a manual recount shall be ordered. 42 43 (c) Upon the request of any canvassing board member, candidate or elector., for 44 good cause shown, the board may, prior to the final certification of results, order a 45 machine recount, in whole or in part, of the subject election in whirh that Gandid 46 paFtiGipated OF of any issue eleGtien. Page 13 of 16 Ordinance 11, 2011 1 (d) . The manual 2 recount will be conducted by the canvassing board. 3 4 5 appainted by the beaFd tG GGunt RE) moFe than 1,500 ballets. A Gounting team 6 6hall have, when possible, 7 the two eleGtGFs appointed by the Ganvasring beard. The beaFd may appGiMM 8 one of its FnembeFS te eaGh GGuntiR9 team. 9 10 (2) A G0 Wn _team '- shall nnunt the votes of ono nrocm'Gt at - a time. The 11 absentee ballets shall be GOURted at one time as a sepaFate pFeGinct. Ea 12 team shall FeGGFd the number of votes for eaGh positioR oR the ballet, thrle 13 , 14 15 16 , the t rh e n ented to the o deteFmine the voter's intent 7 Tl� T01'Y �rJ��J�..T'CGCT[rJ- f7- f�Lf7AZ �7'T�,i PpTVTTf1TCGT7T 18 19 Sec. 26 19 26 -17. Protests and contests. 20 21 The provisions of F.S. §§ 102.166 through and including 102.169 are hereby 22 adopted for all city elections. All protests and contests challenging the returns of any 23 election shall be filed in accordance with these state statutes. exGept - that the ^;t„ 24 beaFd rohall be substituted for the GOURtY GaRvassing beaFd. 25 26 Sec. 26 20 26 -18. Campaign practice -- Policy. 27 28 It is hereby declared to be the policy of the city that all elections shall be conducted 29 in a proper, orderly, and fair manner so as to permit the will of the electorate to be 30 determined. Campaigns for elective city office shall be on a nonpartisan basis with the 31 qualifications and positions of the respective candidates, not party affiliation, being the 32 basis for the voters' choice. Likewise, 33 60 a6 tG PeFFAit the fFee and FGbU6t exGhange ef idea6 and apinions, 34 and gn taGtiE;s whiGh abuse the open debate se vital to eur ZmPr-mlin 35 . 36 37 See. 26 21. Same Unfaur aGtS. 38 39 , 9F an 40 . 41 42 , 43 ; 44 45 46 Page 14 of 16 Ordinance 11, 2011 er aGGept GOntribUtiORS, • • • any i • • • • 1 11 SeG. 26 22. Penalty. 1 i theFeef and shall be punished as PFGVuded in seGtOOR 1 18. • 26-19. Early voting exemption. 18 All municipal elections within the city shall be exempt from the early voting 19 provisions of F.S. § 101.657. Notwithstanding anything to the contrary contained 20 herein, the city may contract with the Palm Beach County Supervisor of Elections to 21 provide early voting for the city at the office of the supervisor of elections, or at such 22 other early voting sites the supervisor may establish. 23 24 SeG. 26 24. AlteMative method of qualifywf�g-. 25 26 (a) A person seeking to qualify for eieGtien fGF GeunGil membeF Fnay qualify to 27 have has 9F heF name plaGed aR the ballet by meaR6 of the petition _ , S 28 presGribed in this seGtlon, 29 30 31 (b) A Rg this petitioning PFeGe6G WhO wishes to have the State of 32 , must file an oath with the Gity GleFk stating that he 33 OF she intends to qua! fy fGF the OffiGe 6ought and stating that he oF she is unable to pay 34 35 36 . 37 38 , and the oath if appliGable, shall be 39 40 the eleGtien is to be held, but pFieF to neon on the seGend Monday of jaRuaFy of the yeaf 41 iR WhiGh the eleGteon 06 to be held-. 42 , 43 , 44 45 shall be pFeSGFibed by the Gity GI&Fkr 46 Page 15 of 16 Ordinance 11, 2011 1 i may - - petitiens the 10th day the fiFst day by filing fee. The neon of pFeE;ed*ng of qualifying Gity 23 nUPAbeF 9f e!eGt9F69f the Gety aG shewn by - -e -- Gt*GR results fer the Fege6teFed - r • Elerstiom fOF Palm - 16 has been 1 i EaGh Gandidate shall submit the - - 11 lateF than petitiens the 10th day the fiFst day by filing fee. The neon of pFeE;ed*ng of qualifying Gity 23 - r 24 14 eash Gand;date of the status his eF heF if the Fequired r . - 16 has been of petition. ebtamned, the Gandidate shall, dLiF*Rg the • tome feF • file his oF submit - pFe6GF*bed qualifyiRg heF OAG9, 17 the rity and The randidate shall Feembu qualIfying papeFs the roost the • Glerk. of ver4ioatoon of 20 the rity G!eFk shall , 21 22 . 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 16 of 16 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 MISC- 11 -04- 000080 Resolution 31, 2011 SubjectfAgenda Item: MISC- 11 -04- 000080: PGA Corporate Center (Parcel 5A) Consideration of Approval: A request by PGA North II of Florida, LLC, for a modification to the conditions of approval related to timing of required landscaping within the preserve area. The 86.34 -acre subject site, referred to as "Parcel 5A," is generally bounded by Interstate -95 right -of -way to the west and south, the Garden Woods and Winchester Courts residential developments to the north, and the Florida East Coast Railway (FEC) right -of -way and Alternate A1A to the east. The 10 -acre preserve area is located in the northeast portion of the site. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Dire t r of Planning & Z7711 Planning & Zoning: Project Manager Accou taut ( ) Approved ( ] App. w/ Conditions Sarah Varga [ ] Denied i Pfi(dM. Wong, AIC [ ]Rec. Approval Martin Schneider, Fees Paid: Yes [ ] Rec. App. w/ city AICP Conds. Planner Funding Source: [ ] Rec. Denial [ ]Quasi — Judicial [ ] Continued to: R. ax Lo man, Esq. [ ]Operating Development Compliance [ ] Legislative [X] Other N/A / ( [X] Public Hearing Attachments: Bahareh Wolfs, AICP Advertised: Budget Acct. #: [ ] Required N/A • Project Narrative and Resource Manager [X] Not Required Development Application • Location Map ��� • Resolution 1, 2001 Allyson Black • Resolution 166, 2005 • Resolution 31, 2011 Approved By: Affected parties: city with Exhibit A otified WFers [X] Not Required Rona Meeting Date: June 2, 2011 Resolution 31, 2011 Page 2 of 4 EXECUTIVE SUMMARY The subject petition will defer the deadline for installation of required supplemental landscaping in the Parcel 5A preserve area until the first building permit for vertical construction is issued. This request will amend Condition #13 of Resolution 166, 2005, which required the supplemental landscaping to be planted within six (6) months of the acceptance of Kyoto Gardens Drive, which occurred in 2009. The reason for the request is that development of the PGA Corporate Center Planned Community Development (PCD) has been delayed due to the unforeseen economic recession. The proposed amendment does not eliminate the required preserve area landscaping. Rather, it postpones installation to the time when development will be underway instead of requiring it before the development has commenced. Staff recommends approval of the proposed amendment. BACKGROUND On December 1, 2005, the City Council approved the PGA Corporate Center Planned Community Development (PCD) through the adoption of Resolution 166, 2005. Condition #13 of Resolution 166, 2005 required the exotic plant removal and installation of supplemental landscaping in the preserve area within six (6) months of the acceptance of Kyoto Gardens Drive. City Council accepted Kyoto Gardens Drive via Resolution 65, 2009 on July 16, 2009. The Applicant did not begin development of the PCD at that time, and did not undertake the removal of exotic plants or the installation of the required landscaping of the preserve area. Due to non - compliance with Condition #13, Code Enforcement proceedings began in 2010. On April 21, 2011, the City Code Enforcement's Special Magistrate granted an extension for compliance to August 16, 2011, in order to give the Applicant time to process an amendment to Condition #13, which is related to the timing of the required installation of supplemental landscaping, and to finish the removal of the exotic plants. As of May 13, 2011, the property owner has completed the extermination and removal of all exotic plants. If approved, this petition will provide a new timeframe for the installation of required supplemental landscaping. Prior to the approval of the Parcel 5A PCD in 2005, the Parcel 5A preserve was approved by Resolution 1, 2001 on February 1, 2001. Condition #3 of Resolution 1, 2001 required a Preserve Area Management Plan (PAMP). On September 27, 2001, the City Forester approved the "Upland Preserve Management Plan" prepared by Environmental Services, dated September 2001. On January 30, 2006, the City Forester approved the 10 Acre Preserve Area Supplemental Planting Plan" submitted and prepared by Cotleur Hearing, dated January 17, 2006. These two (2) documents detail the requirements for landscaping and ongoing maintenance of the preserve area and are included as exhibits to Resolution 31, 2011. Meeting Date: June 2, 2011 Resolution 31, 2011 Page 3 of 4 LAND USE AND ZONING The existing land use, zoning, and future land use designations of the subject site and surrounding properties are detailed in Table 1 (below). The subject site has a future land use designation of Industrial (1) with the lake and canal portions along the northern edge of the site having a Recreation Open Space (ROS) designation. The zoning district classification is Research and Light Industrial (M1) with a Planned Community Development (PCD) overlay. The subject site is also located within the Bioscience Research Protection Overlay (BRPO). lame 1. F-xlsuny use, cU11111y, anu Iuwre ianu use EXISTING USE ZONING FUTURE LAND USE Subject Property Research and Light Industrial (M1) /Planned Industrial Parcel 5A (Vacant) Community Development (1) /Recreation Open Space (ROS) PCD Overlay Residential Low Density -3 North (RL3)/ Garden Woods Residential Development/ Residential Medium (RM) Residential Low (RL) Winchester Courts Residential Development w/ Planned Unit Development (PUD) Overlay South PGA Professional & Design Center (Parcel 513) Research and Light Industrial Park (M1) Mixed Use (MXD) East Professional Office Regional Center Development of Regional Planned Community (PO) /Commercial Impact (DRI) Development (PCD) (C) /Residential High RH West Residential Medium (RM) Interstate 95 /Miltary Trail w/ PUD Overlay /General Residential Medium Garden Lakes Residential Commercial (CG3) w/ (RM) Development/Doubletree North PUD PUD Overlay STAFF ANALYSIS The proposed amendment to Condition #13 of Resolution 166, 2005 simply changes the deadline for planting the supplemental landscaping within the preserve area to give the Applicant the ability to replant the preserve when development of Parcel 5A is undertaken instead of requiring installation to take place prior to development. Condition #13 currently states: 13. Within six (6) months of acceptance of the Kyoto Gardens Drive construction by the City, the Applicant shall remove the exotics from and install the supplemental landscaping within the ten (10) acre preserve in accordance with the landscape plan for the same approved by the City Forester. Meeting Date: June 2, 2011 Resolution 31, 2011 Page 4 of 4 The proposed amendment will change Condition #13 to: 13. by the After removal of the exotics from the ten 0 0) acre preserve, the Ai :wd;;nr-A With thP IAREJAGape plan for the installation of the supplemental landscaping within the ten (10) acre preserve shall be required prior to the issuance of the first building permit for vertical construction on Parcel 5A. (City Forester) Since the PAMP states that maintenance for the removal of exotic and nuisance species is required quarterly for the first year and annually from then on, and all exotic plants have been removed as of May 13, 2011, the preserve area will continue to be maintained from this point forward. In addition, trash and debris are also required to be routinely removed from the preserve area. Therefore, even though the supplemental replanting of natives will be postponed, the preserve will remain substantially forested in the interim. Also, by deferring the required supplemental planting, native material from Parcel 5A may be relocated to the preserve when development of the PCD begins. In addition, a surety bond with the current owner is presently in place to cover public infrastructure costs for Parcel 5A and the supplemental landscaping for the preserve. This bond will need to be re- evaluated and renewed if and when the property has new ownership. Deferring the requirement for the supplemental planting will allow the replanting of the preserve to occur within a more realistic timeframe for the developer, and it will also allow for possible relocations of trees from Parcel 5A during its development. Since the protection of the preserve will remain in place through the PAMP and surety bond, staff supports the amendment to defer the requirement for the supplemental planting until the first building permit for vertical construction is issued on Parcel 5A. STAFF RECOMMENDATION Staff recommends approval of Resolution 31, 2011 as presented. PGA NORTH U OF FLORIDA, LLC April 14, 2011 Mr. Mat'ttin Scar, AICP Planner City of Pslm Basch Gwdans 10500 North Military Trall Palm Besich Gardeala, FL 33410 RE: Parcel 3A (MISC -11- 044000080) Sufficiency Review Dear may, The folbwirig shall mve a our nondive with respect to the Miwl 1 -04- 000080 Pal io&. Pusnsat to Rmohdion 166, 2003 the City approved the PGA Corporate Crater PCD. Sevtion 4 Pwgp -sph 13 ofthe Resolution pravidad dine nes Ibr Developer to kill and msnairo a db vagetafioan tom a previously approved upland preserve located with the PCD.. The timefts nss ware tied origbWly to the acceptance by the City of the Kyoto C Ia dans roadway impovetnoats. It was anticipatad at the tithe of the Resolution that drmbl , t offfie PCD would iminiodiately ibllow the completion ofdw roads. Unfbrtuanately the historic recession hit right when the PCD was poised to be developed. The redvoed eta wnd has lead to the project devalol t it being sevarely delayed. In order to usintain the preserve} in the Warim Developer leas procceded to spry and kill dw exotics sad has corm woced sad o"math* pagassed with their rewoval. The request at hind in this petition is to slow *r the toplaatiag as may be required by the City to be 4s havd until the titst vsOW dery lopmarn has begun. This will allow the poesibb ri ebation of treas !Mm the site baing developed to the upland p ru va It is ineparItuttonotetbaftaplandpimay a is a pusive preserve and that aterthe exotics are removed it will still be substantia y misted and serve its passive preserve purpose. Thank you fa your consideration of" request. M Cabtllmm0 Way South • Palm Bouh Gerdes, FL 33410 • (561)694 -30W • Fax (561) 691 -5280 CITY OF PALM BEACH GARDENS DEEVRLOPNWjN ' APPIUCA' ION Planning And Zoning Dgmrtment CITY OF PALM UACH GARDZM 10500 Notth Milituy Trail Palm Beach Gardens, FL 33410 (361) 799 -4243 Pax (561) 799 -4281 R!gw"t: [ iP1mMW Community Dcvolopment WD) rnonw Unit Dewntopa wt mm) }IAmmdumt to PCD, PUD or Site Ptah rcondidarAt Use rAM*n*ne nt to the CbMprWmeaive Ptah rJAdminiatmtive Approval rAdminkWive Appmti PrOJ40 Home: PGA CORPORATE CENTER PCD Owner. PQA NORTH 0 OF FLORIDA LLC AWIcant(If notOwner):N/A (- ►Annexation [Rmnins rjSite Pkin Review M t Se -! 1 -0 4 - 0000g© r- concunmcy Certificate r;nmEx%=Ion NOWiacalttwaous Date Submitted: 4- -Sot t f ♦. • f -1 iJ .. -:SLR J A- Y_ Agent JAMES E. fY, PA. Ageem's Matting Addrem3701 Cftm mo Way Soulh, Patin Smith tea, FL 39410 Agent's TelephoneeNumber: 581 -M-38M en Number: Date & Time Received: membred lion $ €ngirfmdng$ Number. Architect: TBD Engineer: SOUTHERN DESIGN GROUP Planner: DON HEARING - COTLEUR HEARING Landscape Architect: SAME AS PLANNER Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. General Location: NW CORNER OF ALTERNATE A1A AND PGA BOULEVARD Address: KYOTO GARDENS DRIVE FRONTAGE Section: 1 Township: 42 SOUTH PropertyControl Number(s): SEE ATTACHED LIST Acreage: CurrentZonin PCD /M1 9 9� Range: 42 EAST RequesteclZoning: SAME Flood Zone B & C Base Flood Elevation (BFE) -to be indicated on site plan Current Comprehensive Plan Land Use Designation: INDUSTRIAL WITH BRPO OVERLAY Existing Land Use: I /BRPO Requested Land Use: SAME Proposed Use(s) i.e. hotel, single family residence,etc.: Office, light industrial, commercial, Bloscience 240,000 s.f. office, 600, 000 s.f. light industrial & 42,000 s.f. of ancillary commercial Proposed Square Footageby Use: o use ProposeclNumberand Type of Dwelling Unit(s) i.e. singlefamily, 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: Modify Section 4, Paragraph 13 of Resolution 166, 2005 to provide that after removal of exotics from the ten (10) acre preserve, the installation of the supplemental landscaping shall not be required until the issuance of the first building permit for vertical construction on the Property. 2. What will be the impact of the proposed change on the surrounding area? The impact will be minimal. After removal of the exotics the Preserve will still be well covered with non - exotic vegetation. 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. N/A 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78 -301, Land Development Regulations)? It provides offsite mitgation for several properties thus creating one larger preserve in place of many smaller upland preserves. 5 How will the proposed project comply with City requirements for Art in Public Places (Chapter 78 -261, Land Development Regulations)? N/A 6. Has project received concurrency certification? YES Date Received: Last modified 11/7/08 Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately U mile(s) from the intersectionof Alt. A1A and PGA Boulevard Boulevard , on the2l northoeast,Elsouth,IIwest side of PGA (street/road). :3 Sbrttnmtbf Ownnrlhipand Deslgnat*W Au iwh*dAqat Byre am tW odmigned authority, personally appeared Daniel S. CatelNmo who, being by me fhu duly sworn, on oath deposed and says: P" No= II 01 rI.0jLWA LLC 1. MothaMs is the tee simple title owner of the property described in the attached Legal Dasmipdon. 2. That he/she is teqiesting an Amendment to PCD in the City of Palm Beach (ardans, Florida. 3. That he/she here appointed 'mss E-Jec°by P.A. to act as a dhociaed Wert on his/her behalf to acwmplish the above project. Na Owner. PGA NORTH II OF FLORIDA LLC I/ -4� President of General Partner of Bola Member Signatureor Owner By: Namelfltle 3701 Cshftmo Way Soulh StreetAddress City, Steta,Zlp Code Patin Baeah Owdens. FL 33410 P. 0. BOX City, State, tip Code 5614044= TelephoneNurntw Fax Number JW*oby@c ImI m.com E-mail Address Sworn andsubscrtbed beforeme this _ My Cornmisdanexplom t�lE1tNK I�tO E RtE Ml�ll001eftali IMXI M4 5 AppIkar t`*CwWwVon I/We afflar and certify that Ilwe undat"nd and will comply with the Lied developmot regulations of dw City ofPWm Beach mss, Flacicix. I We fi thw a that the its or diagrams made on any paper or plans submitted here with arc true to the but of my /our knovwic* and belief. Further, Lfwo uadem *wW that this application, attachments, and application filing tens become a part of the official recur* of the City of Patin Boaeh Gardens, Florkis, and are not returnable. Applicant is: r Owner r7 Optionce 3701 C*M tump Way Sam StreetAddress r Lessee Maim to Gw%Mns, FL 33410 City, State, Zip code V Agent 361- M-38e2 TelephoneNumber r? Contract Purchasm' tiis1 1,5289 Fax Number f-Mail Address 6 PWMM I tOW NNO A007 rMA PW(M aso* Permit N Financial Resporalbglty Form The owner undeaastands that eN City4ncurred proleeeloraal tees and expernes associated with the p of thfa applaNlan request are uMmrA@ly the rsspo allMly of the owner. A na n[ty deposit shell be deposited in an blared- bearing account with any aocxuad Inbred to be retained by the City of Palen Basch gardens. The owner wxft deal" shall be invoiced on a monbly basis for proiselonai tees such as, but not pmiled to, Cormft t 0*00V services, legal services, adverts ft costs, ancifor any other costs attributable to the proca ft of the permit for which the City lnourrW during the previ" month. The owner wxft designs slap rNmburse the City within thirty (30) days **m date of invoice. K pryment is not rsCsiwd, the CNy uln tha security deposit for re4mbwsomM purposes. AN activities rebated to tie pendhp perrn�wNi cesss until any outstanding Mvolrzes are paid. The ova rarldeelgr ee further understands that transfer of this resporaibi ty d*N require a conrplebed farm, stoned and notarized by the resporeibN party, and detivered to the City PMnnMg and Zoning Depea�rlmerd Nth* relate anftr address ef'tib rrapu mole party changes at anytime do ft appp a wA* pecan. U4 d d -4�— Y/741 PGA NORTH 11 OF FLORIDA LLC See Aftched Owner pniirted name Pmpefty ConW Number DESIt3NEEMLL TO: PGA NORTH II OF FLORIDA LLC Attn: Jim Jacoby 3701 Calafnw Way South Palm Beach Gardern, FL 33410 Accephinov re NOTARY ACKNO1'T STATE OF VUW44W COUNTY OF F6l trowAt I hereby certify that the tbregohv instrument was a nowlsdped before ne this *7 day of 20 It , by 'i" tt 00 tUi4ow4 . . He or she is psraeuaaNy known 10 me or F s produced as CL X_ p PUK C STATE OF PLCWM name 00" ooee3res ce GM20014 Of at-larue My Commisskm expires: Parcel 5A Property Control Numbers 52- 42- 42- 01 -24- 000 -0010 52- 42- 42- 01 -24- 000 -0020 52- 42- 42- 01 -24- 000 -0030 52- 42- 42- 01 -24- 000 -0040 52- 42- 42- 01 -24- 000 -0050 52- 42- 42- 01 -24- 000 -0060 52- 42- 42- 01 -24- 000 -0080 52- 42- 42- 01 -24- 000 -0090 52- 42- 42- 01 -24- 000 -0100 52- 42- 42- 01 -24- 000 -0110 52- 42- 42- 01 -24- 000 -0120 52- 42- 42- 01 -24- 000 -0130 52- 42- 42- 01 -24- 000 -0140 52- 42- 42- 01 -24- 000 -0150 52- 42- 42- 01 -24- 000 -0160 52- 42- 42- 01 -24- 000 -0170 52- 42- 42- 01 -24- 015 -0000 52- 42- 42- 01 -24- 016 -0000 52- 42- 42- 01 -24- 023 -0000 52- 42- 42- 01 -24- 000 -0070 PROPERTY DESCRIPTION ALL OF THE PLAT OF MACARTHUR PARCEL 5A, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 111, PAGE 171, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PGA FLYOVER CONDOMINIUM, I " C" 'Y OF PALM BRACH (,ART)FNR DATE INVOICE NO DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 4 -07 -11 APPLICATIO MISCELLANEOUS APPLICAl 1650.00 t °•�,. 1650.00 CHE DATE 4 -07 -11 CHECK NUMBER 1030 TOTAL> 1650.00 7� 514 t 'X 1650.00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER 6"W 'g►�(fA At�1rSr 11 , ! i 1 X.0 a 5>il• t f Jr a y� _.'. ya , 'v r' l 1 'y�'S' J r •f a +a p t t PAY "�ts L �. r �•j ,•;avy a,� t. �}�74; .� ?�c� -ti� Y �� i ra 4t fir ► t t5 HIV'," � 31410 a c - t °•�,. (. Tat• � 1 7� 514 t 'X M �t <fN. ! i 1 X.0 a 5>il• t f Jr a y� _.'. ya , 'v r' l 1 'y�'S' J r •f a +a p t t PAY "�ts L �. r �•j ,•;avy a,� t. �}�74; .� ?�c� -ti� Y �� i ra 4t fir y_ AG r )fO THE t; 1 ORDER Vr Op (A11 tr— / g THE BACK-OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK�-I�LAI 11'00000 10 301►' is 26 3 L 9 L 38 711:0 L 4 780 2 9 781►' �a h� J. v �o a d c v u d �o 0 CL I- 0 u Q c� a January 19, 2001 RESOLUTION 1, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF REQUESTS BY PGA GATEWAY, LTD., PGA NORTH, LTD. AND RCA CENTER, LTD: FOR A CONCEPTUAL UPLAND PRESERVE SET ASIDE; FOR PARCELS 28.01, 5A AND 5B TO BE LOCATED ON PARCEL 5A, LOCATED AT THE NORTHWEST CORNEFk OF ALTERNATE A1A AND PGA BOULEVARD; AS AMORE PARTICULARLY DESCRIBED HEREIN, PROVIDING, FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from PGA Gateway, Ltd. for approval of a Planned Community District on Parcel 28.01 located on the southeast comer of Alternate A1A and PGA Boulevard; and WHEREAS, the City of Palm Beach Gardens received a'n application from PGA North, Ltd. for approval of a Planned Community District on Parcel 5A located on the northwest corner of Alternate A1A and PGA Boulevard; and WHEREAS, the City of Palm Beach Gardens received a commitment letter on November 22, 2000 from Daniel S. Catalfumo, President/CEO of Catalfumo Construction and Development, Inc., to set aside and improve ten (10) acres of land on Parcel 5A to satisfy the City code requirement for upland preservation for Parcels 5A, 5B and 28.01; and WHEREAS, RCA Center, Ltd. has applied for cohcurrency in anticipation of development of Parcel 513; and WHEREAS, PGA Gateway, Ltd., PGA North, Ltd. and CA Center, Ltd. have requested approval from the City of Palm Beach Gardens for alternative forms of mitigation in lieu of on -site preservation for; Parcels 5A, 513 and 28.01, as permitted by Section 118 (b)(1) and (3) of tht City's Land Development Regulations, entitled "Alternative forms of mitigation;" and WHEREAS, the Growth Management Department has reviewed said applications and commitment letter and has determined that tlpe mitigation request for off -site preservation is a benefit to the City that equals or exceeds the expected benefit that would have been derived from on -site 1preservation Resolution 1, 2001 Meeting Dater February 1, 2001 Date Prepared: January 16, 2001 Petition PCD -99-02 within Parcels 5A, 513 and 28.01; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the conceptual upland preserve set aside location on Parcel 5A at the northwest comer of Alternate Al A and PGA Boulevard, as more particularly described in Exhibit "A" attached ihereto and incorporated herein by this reference. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the requests of PGA Gateway Ltd., PQA North, Ltd. and RCA Center, Ltd. to mitigate the on -site preservation of Parcels 5A, 5B and 28.01 by improving and preserving ten (10) acres on Parcel 5A. SECTION 3. Said resolution is approved subject to i he following conditions, which shall be the responsibility of the applicants, their successors or assigns: 1. The petitioners' environmental consultant(s) and, the City's environmental consultant shall monitor the preserve requirements and improvements until completed at the petitioners' expense. 2. Exhibit "A" shall be used as a guideline for the conceptual location of a ten (10) acre upland preserve set aside. Prior to the issuance of any clearing permit for Parcels 28.01, 5A or 513, a publicly- recorded upland preserve area within Parcel 5A shall be dedicatee to a private entity for maintenance responsibilities. 3. Prior to the issuance of any clearing permit for the commercial or residential sites within Parcel 28.01, Parcel 5A or! Parcel 5B, petitioners shall submit a Parcel 5A Upland Preserve Management Plan for review and approval by City staff. 4. Exotic plants may be removed from all sites within Parcels 28.01, 5A and 5B prior to development petition approval undtpr the City's P% 5. �J Resolution 1, 2001 Meeting Hate: February 1, 2001 Date Prepared: January 18, 2001 Petition PCD -99 -02 environmental consultant's supervision. The petitioners shall relocate native trees, shrubs and g'roundcovers during development of the sites within Parcel 28.01, Parcel 5A and Parcel 5B to the 5A preserve, or the PGA Boulevard parkway, or any other buffer to improve the environmental qualities of the preserve or increase the denseness of the buffer. The amount and location of plants to be relocated shall be approved by City staff; prior to any clearing permit for the above mentioned parcels. There shall be no industrial development north of the proposed east - west road through Parcel 5A. SECTION 4. This Resolution shall be effective upon a0option. PASSED AN pO77 Is -1 R. RUSSO �TTE M . B- Y:, CAROL GOLD . CITY CLERK - APPROVED-AS -TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY 'DAY OF jw001. VOTE: AYE MAYOR RUSSO ✓ VICE MAYOR JABLIN ✓ COUNCILMEMBER CLARK ✓ COUNCILMEMBER FURTADO vol COUNCILMEMBER SABATELLO ✓ NAY ABSENT i gat 1 I� i� f s.. w v � W 94V— to GIBUJOL74 W U) V m W \ \ Ln 1� Cc 0= CL w ` W 1 or too 1 O lid 0 W \ 0 -H' 4) f gs O 1 ?v IF www 7J• � � • Date Prepared: October 19, 2005 As Amended December 1, 2005 1 RESOLUTION 166, 2005 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE MASTER 6 DEVELOPMENT PLAN FOR THE 78.96 -ACRE PGA CORPORATE 7 CENTER PLANNED COMMUNITY DEVELOPMENT (PCD) 8 GENERALLY BOUNDED BY INTERSTATE 95 RIGHT -OF -WAY AND 9 MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS 10 AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE 11 NORTH, ALTERNATE Al TO THE EAST, AND PGA BOULEVARD 12 TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, 13 TO ALLOW THE DEVELOPMENT OF 240,000 SQUARE FEET OF 14 OFFICE USE AND 600,000 SQUARE FEET OF LIGHT INDUSTRIAL 15 USE, INCLUDING A MAXIMUM OF 42,000 SQUARE FEET OF 16 ANCILLARY COMMERCIAL USE, ON 17 INDIVIDUAL PARCELS; 17 PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF 18 APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 19 20 21 WHEREAS, the City has received a request from Mr. Ryan Johnston of 22 Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida, 23 LLC, for approval of a master development plan for the 78.96 -acre PGA Corporate 24 Center Planned Community Development (PCD) generally bounded by Interstate 95 25 right -of -way and Military Trail to the west, the Winchester Courts and Garden Woods 26 residential developments to the north, Alternate A1A to the east, and PGA Boulevard to 27 the south, as more particularly described herein, to allow the development of 240,000 28 square feet of office use and 600,000 square feet of light industrial use, including a 29 maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels; 30 and 31 32 WHEREAS, the subject site has a Planned Community District Overlay (PCD) 33 zoning designation with an underlying zoning designation of Research and Light 34' Industrial Park (M1) and has a land -use designation of Industrial (1); and 35 36 WHEREAS, the Growth Management Department has reviewed said application, 37 has determined that it is sufficient and consistent with the City's Comprehensive Plan 38 and Land Development Regulations, and has recommended its approval; and 39 40 WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at 41 its October 11, 2005, meeting and recommended its approval by a vote of 7 -0; and 42 43 WHEREAS, the City Council has considered the evidence and testimony 44 presented by the Applicant and other interested parties and the recommendations of the 45 various City of Palm Beach Gardens review agencies and staff; and 46 Date Prepared: October 19, 2005 Resolution 166, 2005 1 WHEREAS, the City Council has determined that adoption of this Resolution is in 2 the best interest of the citizens and residents of the City of Palm Beach Gardens. 3 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 6 OF PALM BEACH GARDENS, FLORIDA that: 7 8 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 9 10 SECTION 2. The master development plan application of Mr. Ryan Johnston, of 11 Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida, 12 LLC, is hereby APPROVED on the following described real property, to permit the 13 development of 240,000 square feet of office use and 600,000 square feet of light 14 industrial use, including a maximum of 42,000 square feet of ancillary commercial use, 15 on 17 individual parcels within the 78.96 -acre PGA Corporate Center PCD generally 16 bounded by Interstate 95 right -of -way and Military Trail to the west, the Winchester 17 Courts and Garden Woods residential developments to the north, Alternate A1A to the 18 east and PGA Boulevard to the south, subject to the conditions of approval contained 19 herein, which are in addition to the general requirements otherwise provided by ordinance: 20 21 LEGAL DESCRIPTION: 22 23 ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST 24 AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 25 FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH 26 GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO 27 SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT 28 BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM 29 BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT - 30 OF -WAY LINE OF INTERSTATE HIGHWAY 1 -95; AND LYING NORTHERLY OF THE 31 NORTHERLY LIMITED ACCESS RIGHT -OF -WAY LINE FOR SAID INTERSTATE 32 HIGHWAY 1 -95 AND NORTHERLY OF THE NORTH RIGHT -OF -WAY LINE OF PGA 33 BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT -OF -WAY LINE 34 OF THE FLORIDA EAST COAST RAILROAD. 35 36 LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED 37 AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477, 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 39 40 LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE 41 CITY OF PALM BEACH GARDENS BY THE RIGHT -OF -WAY DEED RECORDED IN 42 OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK 43 18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 44 FLORIDA. 45 46 CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS. Date Prepared: October 19, 2005 Resolution 166, 2005 1 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 2 approves the following two (2) waivers: 3 4 1. Section 78 -506, Sidewalks, to allow a sidewalk on only the south side of 5 Kyoto Gardens Drive. 6 7 2. Section 78 -563, Lake maintenance tracts, to allow for landscaping within the 8 Lake Maintenance Easement (LME) on the south side of the lake as 9 reflected on the approved site plan. 10 11 SECTION 4. Said approval is subject to the following conditions, which shall be 12 the responsibility of the Applicant, its successors, or assigns: 13 14 Planning and Zoning 15 16 1. At the time of platting, the Applicant shall dedicate a 10' x 30' easement 17 along Kyoto Gardens Drive for a bus /trolley shelter. Within sixty (60) days 18 of a written determination from Palm Tran or the City Council that a 19 bus/trolley shelter will be utilized on the subject site, the Applicant, its 20 successors, or assigns shall submit an application for an administrative 21 approval to allow for review and approval of the site plan, landscape plan, 22 and building elevations for the bus shelter. The bus shelter design shall be 23 consistent with the City Council's previous approval of such shelters. The 24 Applicant, its successors, or assigns shall be responsible for the 25 construction of a bus shelter in a timely manner to accommodate Palm 26 Tran's or the City's needs for the bus shelter. The bus shelter shall be 27 constructed within six (6) months of the approval of the administrative 28 amendment, unless another time frame is established in the administrative 29 approval. (Planning & Zoning) 30 31 2. Prior to the issuance of each permit for vertical construction, the Applicant 32 shall contribute one percent (1 %) of the construction cost of the building(s) 33 towards art in public places regardless of whether or not said building(s) 34 exceeds the $1,000,000 threshold for vertical construction costs. Prior to 35 the issuance of each permit for vertical construction, the Applicant shall 36 submit to the City documentation showing that a deposit was made with the 37 developer's attorney into an escrow account in an amount of money equal 38 to the art fee. All of the art in public places funds collected on the Property 39 shall be utilized to create an art piece or series of art pieces that satisfy the 40 art in public places requirements for all buildings on site. Said art shall be 41 approved by the City in accordance with the provisions of the LDRs; shall be 42 installed at the intersection of Kyoto Gardens Drive and RCA Center Drive, 43 subject to the approval of the City Engineer and City Forester, unless 44 otherwise determined by the Art in Public Places Advisory Board and the 45 City Council; and shall be installed prior to the last Certificate of Occupancy 46 on site. The parcels adjacent to the intersection shall dedicate an easement 3 Date Prepared: October 19, 2005 Resolution 166, 2005 on each lot for art in public places at the comers of the intersection during the replat process for the parcels. The size of the easement shall be determined during the site plan review process. Should the Applicant choose not to provide the art on site, the Applicant shall instead contribute the required funds to the City's art account. If the Applicant chooses the option of providing art funds, (1) the Applicant shall provide notification to the City in writing that it has chosen the art funds option prior to the issuance of the first building permit for vertical construction; (2) the Applicant will have no input in the use of such funds; and (3) the art in public places easements shall be abandoned. (Planning & Zoning) 3. Prior to the issuance of the first Certificate of Occupancy on site, the Applicant shall obtain approval of a Master Signage Program for the Property. (Planning & Zoning) 4. The Applicant shall provide vehicular connections between sites, where appropriate and feasible, to the satisfaction of the Growth Management Administrator and City Engineer, so that vehicles parked within the site that wish to access RCA Center Drive may do so without having to utilize Kyoto Gardens Drive. (Planning & Zoning) 5. The development on site shall be limited to a maximum of 600,000 square feet of light industrial use and a maximum of 240,000 square feet of office use. Any proposed increase in the office square footage that is determined by staff to meet the thresholds established in the Florida Statutes for Development of Regional Impact review shall be accompanied by a Letter of Interpretation from the Florida Department of Community Affairs confirming that the project is not required to undergo Development of Regional Impact review. Any increase in the office square footage shall also be subject to review by the City Council. (Planning & Zoning) 6. Prior to the issuance of each occupational license or building permit for interior improvements to tenant spaces, the Applicant, its successors, or assigns shall submit a breakdown, by use (office, industrial, and any ancillary commercial), of the gross square footage within the PCD for approval by the Planning and Zoning Division. (Planning & Zoning) 7. Retail sales and consumer services establishments are allowed only as accessory uses to any permitted or conditional use within the M1 zoning district. However, the commercial uses shall not occupy more than five percent (5 %) of the gross floor area of all buildings within the development. (Planning & Zoning) 4 Date Prepared: October 19, 2005 Resolution 166, 2005 8. During the period of effectiveness of this development order, the Applicant shall annually provide the City with a status report on all the approved elements of the PCD, including a summary of completed construction, a schedule of proposed construction over the remaining life of the development order, and verification of compliance with all conditions of approval. The annual report should be provided each year prior to the anniversary date of the approval of this Resolution. (Planning & Zoning) 9. Prior to the issuance of first Certificate of Occupancy on site or within sixty (60) days of the acceptance of the Kyoto Gardens Drive construction by the City, whichever comes first, the Applicant shall install at least two (2) fountains within the lake, to the satisfaction of the City Engineer, at locations approved by the Growth Management Administrator. (Planning & Zoning, City Engineer) 10. The Public Access Easements that provide access to certain parcels from Kyoto Gardens Drive shall have sidewalks on both sides, with a minimum width of five (5) feet. (Planning & Zoning) 11. Applicants requesting site plan approval for the individual parcels within the PCD shall send public notices via regular mail to all property owners within 500 feet of the PCD boundaries at least ten (10) days prior to any Planning, Zoning, and Appeals Board or City Council meeting at which said site plan application will be heard. (Planning & Zoning) Landscapinq 12. By January 30, 2006 (sixty (60) days from the date of this approval), the Applicant shall submit a landscape plan, to the satisfaction of the City Forester, for (1) the supplemental landscaping within the ten (10) acre preserve and the landscape buffer on the north side of Kyoto Gardens Drive; (2) the portion of RCA Center Drive extending from the Property to the northern boundary of the RCA Center PUD located to the south of the Property; (3) the western road shoulder of Alternate A1A from PGA Boulevard to the northern boundary of the Property; and (4) the Alternate Al median from PGA Boulevard to Kyoto Gardens Drive. (City Forester) 13. Within six (6) months of the acceptance of the Kyoto Gardens Drive construction by the City, the Applicant shall remove the exotics from and install the supplemental landscaping within the ten (10) acre preserve in accordance with the landscape plan for the same approved by the City Forester. (City Forester) 5 Date Prepared: October 19, 2005 Resolution 166, 2005 14. Within sixty (60) days of the acceptance of the Kyoto Gardens Drive construction by the City, the Applicant shall remove the exotics from and install the supplemental landscaping within the buffer on the north side of Kyoto Gardens Drive adjacent to the lake in accordance with the landscape plan for the same approved by the City Forester. (City Forester) 15. Prior to any clearing within the individual development parcels within the Property, the Applicant shall obtain a Clearing Permit from the City Forester. The clearing of the individual parcels shall not occur until such time when the site plan and plat for the specific parcel are approved by the City Council, and infrastructure construction plans for the parcel are approved by the City Engineer. Notwithstanding the foregoing, the Applicant may obtain a Clearing Permit from the City Forester to clear portions of the individual parcels prior to the approval of the site plan and plat for the specific parcel, which clearing shall be strictly for the purposes of road and /or public infrastructure construction. (City Forester) 16. The Applicant, its successors, or assigns shall be responsible for the maintenance of the landscaping within (1) the portion of Kyoto Gardens Drive from Military Trail to Alternate A1A; (2) the western road shoulder and one -half (1/2) of the median of Alternate A1A from PGA Boulevard to the northern boundary of the Property; and (3) the northern road shoulder and one -half (1/2) of the median of PGA Boulevard from Alternate A1A to Interstate 95. (City Forester) 17. The landscaping within the road shoulder and medians of Kyoto Gardens Drive and RCA Center Drive located within the Property, as well as the portion of RCA Center Drive extending from the Property to the northern boundary of the RCA Center PUD located to the south of the Property, shall be completed when the construction of said roads are accepted by the City. The landscaping within the western road shoulder of Alternate AIIA from PGA Boulevard to the northern boundary of the Property and the Alternate A1A median from PGA Boulevard to Kyoto Gardens Drive shall be installed within six (6) months of the issuance of the first clearing permit for an individual parcel within the PCD. (City Forester) 18. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights -of -way, then the PGA Corporate Center Property Owners Association, its successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) R Date Prepared: October 19, 2005 Resolution 166, 2005 1 Enaineerina 2 3 19. The build -out date for this project is December 31, 2005. (City Engineer) 4 5 20. Prior to the issuance of the first land alteration permit, the Applicant shall 6 provide written authorization from all appropriate utility agencies for the 7 construction landscaping/lighting within the respective utility easements. 8 (City Engineer) 9 10 21. Prior to the issuance of the first Certificate of Occupancy, reflectors per 11 FDOT Index 17349 shall be constructed at the temporary dead end of the 12 north -south roadway within Parcel 5A (if the roadway construction is not 13 fully completed to the south). (City Engineer) 14 15 22. Prior to the issuance of the final Certificate of Occupancy, the Applicant 16 shall construct littoral zones at the locations shown on the PCD Master 17 Plans. Fifty percent (50 %) of the littoral zones, based on linear feet of lake 18 bank, shall be a shelf with a slope no steeper than one (1) foot vertical to 19 ten (10) feet horizontal (1:10) to a distance no deeper than two (2) feet 20 below the control elevation. (City Engineer) 21 22 23. All trees planted within the littoral zone areas shall be restricted to the 10:1 23 littoral shelves and must be approved by the City Forester. Trees shall be 24 planted in clusters no greater than 30 feet wide; and cluster trees cannot be 25 closer than 40 feet to another cluster; and single or cluster trees shall not be 26 planted closer than 75 feet to a drainage structure. (City Engineer) 27 28 24. By April 17, 2006 (four (4) months from the approval of this Resolution), the 29 Applicant shall plat the Property. No site plan applications for the individual 30 parcels within the PCD will be reviewed by the City's Development Review 31 Committee until such time when the plat for the Property is approved by the 32 City Council. (City Engineer) 33 34 25. Within one hundred twenty (120) days from the issuance of each building 35 permit for vertical construction for an individual parcel, the parcel shall be 36 replatted. (City Engineer) 37 38 26. The Applicant shall copy to the City all permit and permit applications, 39 certifications, and approvals. (City Engineer) 40 41 27. The Applicant shall provide all necessary construction zone signage and 42 fencing as required by the City Engineer. (City Engineer) 43 44 45 46 7 Date Prepared: October 19, 2005 Resolution 166, 2005 28. The Applicant shall comply with the following: a. No building permits shall be issued for more than 3,137 daily external trips until the provision of exclusive northbound dual left -turn lanes and eastbound right -turn lane has commenced at the intersection of Alternate A1A and Hood Road. This roadway improvement is not an assured construction. Any approval above the 3,137 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) b. No building permits shall be issued for more than 3,644 daily external trips until the linkage roadway segment between Military Trail and Alternate A1A (Kyoto Gardens Drive Extension), and the segment running underneath the PGA flyover (RCA Center Drive) west of Alternate A1A connecting Kyoto Gardens Drive to RCA Boulevard has commenced. (PBC Traffic Division) c. No building permits shall be issued for more than 4,100 daily external trips until the addition of an eastbound right -turn lane, westbound right- turn lane, and northbound right -turn lane has commenced at the intersection of Alternate A1A and RCA Boulevard. (PBC Traffic Division) d. No building permits shall be issued for more than 4,562 daily external trips until the widening of Alternate A1A to six (6) lanes from PGA Boulevard to RCA Boulevard has commenced. This roadway improvement is not an assured construction. Any approval above the 4,562 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) e. No building permits shall be issued for more than 4,948 daily external trips until the addition of a southbound through lane has commenced at the intersection of Alternate A1A and Donald Ross Road. This roadway improvement is not an assured construction. Any approval above the 4,948 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) f. Prior to the issuance of the building permit for vertical construction for any parcel, the Applicant shall submit a trip generation analysis identifying the number of trips generated by all existing development within the PCD and the trips generated by the parcel under development consideration. (City Engineer) Date Prepared: October 19, 2005 Resolution 166, 2005 29. Prior to construction plan approval or the issuance of the first land alteration permit, whichever occurs first, the Applicant shall provide surety for public infrastructure and all landscaping and irrigation costs for the overall project infrastructure which are not included in the previously - submitted bonds for the public roads within the Property (Bond No. 964004234). The required surety shall be based on a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs, that shall be reviewed and approved by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. This surety is separate from that which will be required for each individual lot as each is developed. (City Engineer) 30. Prior to construction plan approval or the issuance of the first land alteration permit, whichever occurs first, the Applicant shall provide a cost estimate for the on -site project improvements for the overall project, not including public infrastructure, landscaping, and irrigation costs, for review and approval by the City. Said cost estimate is separate from those cost estimates which will be required for each individual lot as each is developed. The cost estimate shall be signed and sealed by an engineer and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 31. The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by the Environmental Planning Agency (EPA) and /or local regulatory agencies, for construction activities, submission of a Notice of Intent to EPA or its designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination. (City Engineer) 32. Prior to the issuance of the first land alteration permit, the Applicant shall provide a construction plan for review and approval. All plans and support documentation, submitted by the Applicant for review by the City Engineer, shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) 33. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) E Date Prepared: October 19, 2005 Resolution 166, 2005 1 34. Prior to construction plan approval and the issuance of the first building 2 permit, the Applicant shall schedule a pre - permit meeting with City staff. 3 (City Engineer) 4 5 35. Whenever possible, development application submittals made to the Growth 6 Management Department for the individual parcels within the PCD shall 7 include both electronic and hard copies of all documents submitted to the 8 satisfaction of the City Engineer and Growth Management Administrator. 9 Notwithstanding the foregoing, CAD files of the areas designated on a site 10 as open space shall be included in all development submittals to the 11 satisfaction of the City Forester. (City Engineer) 12 13 Miscellaneous 14 15 36. Required digital files of the approved PCD master plan and plat shall be 16 submitted to the Planning and Zoning Division prior to the issuance of the 17 first Certificate of Occupancy, and approved civil design and architectural 18 drawings for each site shall be submitted prior to the issuance of the 19 Certificate of Occupancy for each site. (GIS Manager, Development 20 Compliance Officer) 21 22 37. Prior to the issuance of the first Certificate of Occupancy, the master 23 property owners association documents and restrictions, which shall include 24 disclosure language regarding the potential widening of the RCA Center 25 Drive to four (4) lanes, shall be furnished by the Applicant to the City 26 Attorney for review and approval prior to such documents being recorded in 27 the Public Records of Palm Beach County. (City Attorney) 28 29 38. Any office space within an individual parcel that is ancillary to a principal 30 industrial use on the parcel shall be limited to a maximum of 40% of the 31 square footage on site in order to be classified as being ancillary to the 32 industrial use. Any office space beyond said threshold shall be required to 33 count towards the office use on site. (Planning & Zoning) 34 35 SECTION 5. This Planned Community Development shall be constructed in 36 compliance with the following plans on file with the City's Growth Management 37 Department: 38 39 1. Sheets 2 of 6 through 6 of 6: Site Plans and Details, prepared by Cotleur 40 Hearing, last sealed on November 18, 2005, and received and stamped by 41 the City on November 18, 2005. 42 43 2. Sheets 1 of 4 through 4 of 4: Roadway Landscape Plans and Details, 44 prepared by Cotleur Hearing, last sealed on November 18, 2005, and 45 received and stamped by the City on November 18, 2005. 46 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: October 19, 2005 Resolution 166, 2005 SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this I f day of D6'LNh fM , 2005. CITY OF P BY: ATTEST: BY: Patricia Snider, CMC, City blerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: �1 /j, " -7�7 'I - -7 --- Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT \\PbWflie\Ad mey\attomey_share\RESOLUTIONS\5A - reso 166 2005 -as amended- 12- 1 -05.doc 11 Mayor FLORIDA 1 RESOLUTION 31, 2011 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING RESOLUTION 166, 2005 6 TO MODIFY ONE (1) CONDITION OF APPROVAL FOR THE PGA 7 CORPORATE CENTER PLANNED COMMUNITY DEVELOPMENT 8 (PCD), ALSO KNOWN AS "PARCEL 5A," GENERALLY BOUNDED 9 BY INTERSTATE 95 RIGHT -OF -WAY AND MILITARY TRAIL TO 10 THE WEST, THE WINCHESTER COURTS AND GARDEN WOODS 11 RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE 12 Al A TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS 13 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A 14 CONDITION OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 15 AND FOR OTHER PURPOSES. 16 17 18 WHEREAS, the City Council, as the governing body of the City of Palm Beach 19 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 20 Statutes, and the City's Land Development Regulations, is authorized and empowered 21 to consider petitions related to zoning and land development orders; and 22 23 WHEREAS, the City has received a request from PGA North II of Florida, LLC, 24 for a modification to the conditions of approval related to the timing of required 25 landscaping within the preserve area of Parcel 5A; and 26 27 WHEREAS, the subject site has a Planned Community Development Overlay 28 (PCD) zoning designation with an underlying zoning designation of Research and Light 29 Industrial Park (M1) and has a land use designation of Industrial (1) and Recreation 30 Open Space (ROS); and 31 32 WHEREAS, on December 1, 2005, the City adopted Resolution 166, 2005 to 33 approve a master development plan for the PGA Corporate Center Planned Community 34 Development (PCD) to allow the development of 240,000 square feet of office use and 35 600,000 square feet of light industrial use, including a maximum of 42,000 square feet 36 of ancillary commercial use, on seventeen (17) individual parcels; and 37 38 WHEREAS, the Planning and Zoning Department has reviewed the application, 39 has determined that it is sufficient, and has recommended approval; and 40 41 WHEREAS, the City Council has considered the evidence and testimony 42 presented by the Applicant and other interested parties and the recommendations of the 43 various City of Palm Beach Gardens review agencies and staff; and 44 45 46 Page 1 of 3 Resolution 31. 2011 1 WHEREAS, the City Council deems approval of this Resolution to be in the best 2 interests of the health, safety, and welfare of the residents and citizens of the City of 3 Palm Beach Gardens and the public at large. 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 10 11 SECTION 2. The Miscellaneous application of PGA North II of Florida, LLC is 12 herby APPROVED to modify condition of approval No. 13 in Resolution 166, 2005, 13 subject to the conditions of approval contained herein, which are in addition to the general 14 requirements otherwise provided by resolution; on the following described real property: 15 16 THE PLAT OF MACARTHUR PARCEL 5A AS RECORDED IN PLAT 17 BOOK 111, PAGES 171 THROUGH 175, OF THE PUBLIC RECORDS 18 OF PALM BEACH COUNTY FLORIDA. 19 20 SECTION 3. This approval is subject to the following condition as modified from 21 Resolution 166, 2005, which shall be the responsibility of the Applicant, its successors, 22 or assigns: 23 24 13. WithiR SiX (6) MORths of the aGGeptanGe of the Kyoto Gardens Drive GGRStFuGt!eR 25 by the City, After removal of the exotics from the ten (10) acre preserve, the 26 AppliGant shall remove the exotiGs from and instal' the supplemental IandSGapiRg 27 Within the ten (10) a6re pFeserve in aGoordanGe with the landsGape plan foF the 28 same a� installation of the supplemental landscaping 29 within the ten (10) acre preserve shall be required prior to the issuance of the first 30 building permit for vertical construction on Parcel 5A. (City Forester) 31 32 SECTION 4. This approval shall be subject to and consistent with all previous 33 approvals, if any, except as modified herein. 34 35 SECTION 5. This petition is approved subject to strict compliance with Exhibit 36 "A" attached hereto and made a part hereof as follows: 37 38 1. Upland Preserve Management Plan, PGA North, LTD., Parcel 5A, prepared 39 by Environmental Services, Inc., dated September 2001. 40 41 2. Parcel 5A Supplemental Preserve Area Planting Plan, prepared by Cotleur 42 and Hearing, dated January 17, 2006. 43 44 SECTION 6. This Resolution shall become effective immediately upon adoption. 45 46 47 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 31, 2011 PASSED AND ADOPTED this day of , 2011. ATTEST: :1 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M." R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS \2011 \Resolution 31 2011- parcel 5 a condition of approval amendment docx Page 3of3 �1 EXHIBIT A APPROVED . 4 Con�n� rir••� �� //1 /�;% UPLAND PRESERVE MANAGEMENT PLAN PGA NORTH, LTD. PARCEL 5A PALM BEACH GARDENS, FLORIDA SEPTEMBER 2001 For Catalfumo Construction and Development, Inc. 4300 Catalfumo Way Palm Beach Gardens, FL 33410 ENVIRONMENTAL SERVICES, INC. 1001 North U.S. Highway 1, Suite 304 Jupiter, Florida 33477 561- 743 -5141 EP99029.03 TABLE OF CONTENTS I. INTRODUCTION ............................................................................ ..............................1 II. UPLAND PRESERVATION AREA ............................................... ..............................1 III. MANAGEMENT .............................................................................. ..............................4 A. Objectives ............................................................................. ..............................4 B. Management Procedures ....................................................... ..............................4 IV. LONG -TERM MANAGEMENT / MONITORING ........................ ..............................7 LIST OF FIGURES Figure I Upland Preserve Area Map ................................................... ..............................2 Figure 2 Vegetative Communities Map .............................................. ..............................3 Figure3 Soils Map ............................................................................. ............................... 5 ii PGA NORTH, LTD. PARCEL 5A UPLAND PRESERVE MANAGEMENT PLAN I. INTRODUCTION Parcel 5A, a proposed Planned Community District, is located at the northwestern corner of Alternate AlA and PGA Boulevard in Palm Beach Gardens, Florida. The property is located in Section 1, Township 42 South, Range 42 East. Resolution 1, 2001 was passed by the City Council of the City of Palm Beach Gardens (City) in January 2001, allowing for the set aside and improvement of 10 acres of land on Parcel SA to satisfy the City upland preservation code requirement for Parcels 5A, 5B, and 28.01. The upland preserve area is conceptually located at the northeastern comer of Parcel 5A (Figure 1). A condition of the resolution is the submittal and approval of an Upland Preserve Management Plan. The management plan will provide for the long -term protection of the preserve area, the continuing removal of and protection from litter and debris, avoidance of land alteration which may disturb the preserve area, eradication of invasive exotic and nuisance plant species, and transplanting of native upland trees in the preserve. II. UPLAND PRESERVATION AREA The 10 -acre preserve area comprises two distinct habitat types (Figure 2). The majority of the preserve (approximately 7.5 acres) is disturbed pine flatwoods. The disturbed pine flatwoods are characterized by a sparse canopy of slash pine (Pinus elliottii), with scattered native trees and shrubs such as saw palmetto (Serena repens), gallberry (Ilex glabra), rusty lyonia (Lyonia ferruginea), myrsine ( Myrsine guianensis), beautyberry (Callicarpa americana), and dahoon holly (Ilex cassine). The preserve area suffered an intense fire in the mid- 1990s, after which many of the canopy slash pine died. The disturbed pine flatwoods area also has a moderate level of encroachment by exotic and nuisance species including melaleuca ( Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), java plum (Syrygium cumini), earleaf acacia (Acacia auriculiformis), old -world climbing fern (Lygodium microphyllum), and Surinam cherry (Eugenia uniora). Much of the pine flatwoods area is also covered with dense vines such as grapevine (Vitis spp.), which may be suppressing the regeneration of native species. The remaining areas (approximately 2.5 acres) in the preserve are disturbed or cleared areas such as trails, drainage easement, and those areas dominated by exotic species. A cleared trail runs along a temporary Seacoast Utilities easement at the northern border and into the center of the preserve. The northern and eastern perimeters of the preserve are dominated by Brazilian pepper, and a small area of melaleuca is found at the south - central portion of the preserve. Both habitat components of the preserve will be enhanced to match natural conditions typical of a pine flatwoods vegetative community. moo � ._._._._-- ._._._.J -- LU 31 tld6.tT 1 Do � m Uwj WU s ` m Wi W g c Z 0. ; • \ \ 1 EH m \ w '� m H w l { ! $ i °� 1� rJ O 1 1 ! �s a Figure 1 Adjusted FLUCCS Code Legend: 31.73 oc. 4110 — Pine Flolwoods ......... ............................... 339.47 oc. 4220 — Brazilian Popper .............. .........................312.05 oc. 4240 — Mebteuce ..................... ............................... t0.59oa. 4370 — Australian Pine ............ ............................... 30.16 oc. 4220/4370 — BrozBan Pepper /Austrollon Pone..... 31.91 oc. 4220/4240/4370 - Brazilian Pepper/Meloleuca/ 5100 Australian Pine.. .............. 35.41 oc. 5100 — Mon —mode Dilch ......... ............................... 31.42 oc. 7420 — Borrow Arm.. .............................................. 36.36 oc ® Conceptual Upland Preserve Area ±10 Acres G WA 7420 4110 7460 — Cleared Area ................ ............................... 31.73 oc. 7470 — Rood / Troll ............ ._... ............ ... .... _.. .... ..._. 30.53 at. 8170/7470 — Underground 7ronvrnyslon Lines/ Rood/ TroB ................................... . 32.69 oe. Tolo1 On —sits het linkage rood, h addll lake: 372.32 oc. 7480 5100 70 2 4220 4110 8171/7470 370 4220 4220/4240/4370 4220/4370 r 411 Vegetative Communities Mop Proiect No. EP99O29.01 lZaT Catalfurno Parcel 05A Dote: Rev. Set 2001 ENVIRONMENTAL Polm Beach Gardens, Florida Scale: 1 =200 SERVICES, INC. inure 2 Soils Legend AU - Arents -Urban land complex N' Ba - Basinger fine sand BM - Basinger and Myakka sands, depressional Mk - Myakka sand Scale 1:20000 Pg - Placid tine sand ENVIRONMENTAL CATALFUMO PARCEL 05A Figure SERVICES, INC. (78 Acres) Date: March 1999 Jupiter, Florida PALM BEACH GARDT;NS, FLORIDA ESI Project No: EP99029 The soils of the preserve are mapped as Arents -Urban land complex, Basinger fine sand, and Basinger and Myakka sands, depressional (Figure 3). Except for exotic vegetation, the vegetative communities found in the preserve area are typical for these soil types. The soils in some areas have been significantly disturbed, resulting in drainage impacts and dominance by exotic plant species. III. MANAGEMENT A. Objectives Several management activities will be utilized in the preserve to provide the following objectives: • Remove /eradicate exotic and nuisance plant species, • Relocate native trees and shrubs from proposed development areas, • Provide enhanced habitat for wildlife refuge and foraging. B. Management Procedures 1. Remove / Eradicate Exotic and Nuisance Plant Species. Exotic and nuisance species removal will be the first of the preserve enhancement activities implemented. Mechanical equipment and manual labor will be utilized to accomplish this task. Heavy mechanical equipment will be prohibited within the dripline of native trees. Where necessary, rubber tired equipment will be used for the removal of exotic species. Manual labor will be utilized to remove exotics from sensitive areas that are currently dominated by native trees and groundcover. In areas not accessible by heavy equipment, an approved herbicide may be used to treat exotic vegetation. Any trash and debris will be removed from the preserve along with the exotic and nuisance vegetation. 2. Relocate Native Vegetation. Although native upland trees and shrubs do currently exist in the preserve area, additional vegetative material will be relocated into the preserve area to enhance the quality of the existing habitat. Transplanting of native shrubs and trees will occur throughout the preserve area. Native canopy trees and understory shrubs will be selected from proposed development areas and relocated to the preserve area. The species of relocated trees and shrubs may include those from the following lists: Trees Slash pine Live oak Laurel oak Cabbage palm Dahoon holly 4 Shrubs and Groundeover Saw palmetto Myrsine Gallberry Lyonia Beautyberry Two separate planting schemes will be implemented in the different habitat components: a. Disturbed Pine Flatwoods. In the disturbed pine flatwoods, where scattered slash pines currently exist, approximately 90 canopy trees will be randomly planted on 60 -foot centers to supplement the existing slash pines. All trees planted in the pine flatwoods will be slash pine and cabbage palm. Approximately 204 shrubs and groundcover plants will be randomly planted on 40 -foot centers in sparsely vegetated areas or areas where exotics have been removed. b. Disturbed Areas. In the disturbed areas, approximately 68 canopy trees will be planted on 40 -foot centers. Approximately 121 shrubs and groundcover plants will be randomly planted on 30 -foot centers. Here, a variety of canopy trees may be used, including oaks, which will provide a more dense buffer along the preserve perimeters. Temporary irrigation will be provided for all relocated vegetation. Nearby drainage canals may be utilized for irrigation purposes. 3. Provide Enhanced Wildlife Habitat. The removal of exotic and nuisance plant species and the relocation of additional native vegetation into the preserve area will provide enhanced habitat for various species of wildlife. Currently, several gopher tortoise burrows occur within the preserve area. Any existing active or inactive gopher tortoise (Gopherus polyphemus) burrows in the preserve will be protected during preserve management activities. Trenched fencing will be placed at a minimum 40 -foot radius around any burrows. Equipment operators will be alerted to avoid fencing and to be cautious near the burrows. The preserve area may be utilized as a recipient site for gopher tortoises relocated from proposed development areas. If gopher tortoises are relocated to the preserve, the relocation will take place after both exotic removal and transplanting are complete. If gopher tortoises are relocated to the preserve, temporary fencing will be installed at the preserve perimeters until after completion of all development activities on the property. 6 IV. LONG -TERM MANAGEMENT / MONITORING The preserve area will be maintained as a natural upland habitat in perpetuity by the proposed development's Property Owner's Association. Signage will be placed along the perimeters of the preserve delineating boundaries and restricting human encroachment. Any trash or debris will be routinely removed from the preserve area. Maintenance for the removal of exotic and nuisance species will occur quarterly for the first year and then annually. Any reoccurrence of exotic and nuisance species will be eradicated from the preserve area. Additionally, plat language will be recorded detailing prohibited activities within the preserve area. The prohibited activities include: • Construction or placing of buildings on or above the ground, • Dumping or placing soil or other substances such as trash, • Removal or destruction of trees, shrubs, or other vegetation with the exception of exotic and nuisance vegetation removal, • Any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. Monitoring of the preserve area will be ongoing during management activities and for the first year after completion of management activities to ensure that the objectives of this management plan are met. A monitoring report will be provided to the City one year after completion of initial management activities. The monitoring report will include photographs and will detail the status of exotic and nuisance species eradication, the status of relocated vegetation, and other factors such as natural regeneration of native species. 7 ENVIRONMENTAL SERVICES, INC. 1001 North U.S. Highway 1, Suite 304 Jupiter, Florida 33477 561- 743 -5141 561- 743 -5441 Fax esijup(a-),esinc.cc www.esinc.cc LETTER OF TRANSMITTAL TO: Mark Hendrickson DATE: 26 September 2001 JOB NO: EP99029.03 City Forester RE: PGA North, Ltd., Parcel 5A City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FL 33410 W � H1CG JL' 1V L11V lI T V U ■ Attached p Under separate cover via UPS the following items THESE ARE TRANSMITTED as checked below: p For approval p Approved as submitted p For your use p Approved as noted • As requested p Returned for corrections • For review and comment p p For bids due 2001 p Prints returned after loan to use p Resubmit _ copies for approval 0 Submit _ copies for distribution a Return _ corrected prints REMARKS: Please contact me should you have any questions or need additional information City of P.U. Gardens GRUYV I H MANAGEMENT DEPARTMCNT air (w /encl.) Mary Senior Scientist o � � .$� epiaoIJ `suapJe!D gOea8 weed � � iii ►j d� /a�a�d ®g� @g� e ' � a"ifS$aG e .JI.1 Q 0. 01 "0 � C 0. 4 Q �0 L oq 2 d RL Q\r W 0. O W vJ !I !e fill IP N y� t¢ W i" O,pO p « j « �A�g1f ,o•, Q� Z \� Q 7jj7II a�e e88 lilt F a � *1 :) g e ' � � e j 1 1 FIR � III O W vJ !I !e fill IP N y� t¢ W i" O,pO p « j « �A�g1f ,o•, Q� Z \� Q 7jj7II a�e e88 lilt F a � *1 :) g CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 2, 2011 Resolution 30. 2011 Subject/Agenda Item: Approve an Interlocal Agreement for the City of Palm Beach Gardens to provide Fleet Maintenance Services for the Town of Juno Beach [X] Recommendation to APPROVE [ l Recommendation to DENY Reviewed by: Originating Dept.: Costs: $0.00 Council Action: Community Services (Total) Fleet Maintenance Division [ ] Approved 4xL VMikeMorrow 0.00 _ Operations Director Current FY [ ] Approved w/ Conditions , Esq. [ ] Denied Advertised: NA Funding Source: Finance A istrator [ ] Continued to: zilt", Date: [ ] Operating Attachments: — Allan Owens Paper: [ ] Other • Resolution 30, 2011 - Interlocal [ x ] Not Required Agreement Submitted by: 4 Dppart it ctor T E. Dou Deputy City Manager Affected parties [ ] Notified Budget Acct. #: NA Approved by: City Manager [ ire Ronal M ems Meeting Date: June 2, 2011 Resolution 30, 2011 Page 2 of 2 BACKGROUND: The Town of Juno Beach (Town) has requested the City of Palm Beach Gardens (City) provide maintenance and repair services for the Town's fleet. City staff recommends approving this request for such services under certain terms and conditions as outlined in the Interlocal Agreement. The City's Fleet Maintenance Division has the resources to support the addition of the Town's 18 vehicles. Through this Agreement, all work completed by City staff will be in accordance with shop labor rates from the Chilton Labor Guide, 2010 edition. The Town will appoint a fleet liaison who will coordinate work with the City, and who will be responsible for all payables. The City will be compensated per the established hourly shop rate in the City's Master Fee Schedule for Fleet Services, currently at $110.00 per hour. City staff projects recovering 100% of direct costs and additional proceeds to warrant participation in this program. The term of the Agreement is for one (1) year and will be automatically renewed for an additional year. STAFF RECOMMENDATION: Staff recommends approval of Resolution 30, 2011 as presented. 1 RESOLUTION 30, 2011 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO 6 EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF 7 JUNO BEACH FOR FLEET MAINTENANCE SERVICES; 8 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9 10 11 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 12 Cooperation Act of 1969," authorizes local governments to make the most efficient use 13 of their powers by enabling them to cooperate with other localities that will harmonize 14 geographic, economic, population, and other factors influencing the needs and 15 development of local communities; and 16 17 WHEREAS, the Town of Juno Beach is requesting assistance related to fleet 18 services, and the City has the necessary personnel and resources to provide such fleet 19 services; and 20 21 WHEREAS, the City wishes to enter into an Interlocal Agreement with the Town 22 of Juno Beach, which agreement has been prepared and is attached hereto as Exhibit 23 "A "; and 24 25 WHEREAS, the City Council deems approval of this Resolution to be in the best 26 interests of the health, safety, and welfare of the residents and citizens of the City of 27 Palm Beach Gardens and the public at large. 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF PALM BEACH GARDENS, FLORIDA that: 32 33 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 34 35 SECTION 2. The City Council of the City of Palm Beach Gardens hereby 36 accepts and approves the Interlocal Agreement with the Town of Juno Beach for fleet 37 services as requested by the Town of Juno Beach, and hereby authorizes the Mayor to 38 execute the Agreement. 39 40 SECTION 3. This Resolution shall become effective immediately upon adoption. 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 30, 2011 PASSED AND ADOPTED this day of , 2011. ATTEST: M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Aa R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS\2011 \resolution 30 2011- interlocal agmt - juno beach -fleet maintenance. doc Page 2 of 2 Resolution 30, 2011 EXHIBIT "A" INTERLOCAL AGREEMENT TO PROVIDE FLEET MAINTENANCE SERVICES THIS AGREEMENT, by and between the Town of Juno Beach, a municipal corporation organized and existing under the laws of the State of Florida ( "Town "), whose address is 340 Ocean Drive, Juno Beach, Florida 33408, and the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida ( "City "), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, is hereby entered into this day of , 2011. WITNESSETH: WHEREAS, the Town requires preventative maintenance and repair services for the Town's fleet vehicles; and WHEREAS, the City's Fleet Maintenance Division possesses the necessary personnel and resources to provide such maintenance and repair services for the Town; and WHEREAS, the Town has determined that it is in the best interests of the health, safety, and welfare of its residents to contract with the City for fleet vehicle maintenance and repair services; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that it is in the best interests of the health, safety and welfare of its residents to provide such fleet maintenance and repair services to the Town; and WHEREAS, Section 163.01, Florida Statutes, allows local governments to make the most efficient use of their powers by enabling them to cooperate with each other on the basis of mutual advantage and thereby provide services and facilities in a manner that will best serve the needs of each unit of government. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth below, and other good and valuable consideration, the Town and the City agree as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. Purpose. The exclusive purpose of this Interlocal Agreement is to provide the Town with the expertise and assistance of the City's Fleet Maintenance Division for preventative maintenance and repair services of the Town's fleet vehicles. Page 1 of 5 SECTION 3. Procedure for Preventative Maintenance. 1. Inspections of equipment and vehicles will be in accordance with the following schedule format: • Vehicles shall be inspected and maintained per the manufacturer's mileage schedule. • Brakes for all public safety vehicles shall have a minimum thickness of 50% of new — all others will have a minimum of 30% — 40% of new brake lining, discs, or drums. ABS Brakes shall have at least one (1) quart of clean brake fluid bled through the system. • Tires will be replaced when tread depth falls below 1/8" (4/32 ") • Suspension components will be inspected and replaced if not within factory tolerances. • Upon completion of an oil change, a sticker will be placed in the upper left - hand corner of the windshield showing the date serviced and the date of the next service or the miles driven, whichever comes first. • Door hinges, trunk, hood hinges, and all locks will be lubricated. • Air conditioning systems will be checked for proper operation and leaks. SECTION 4. Procedure for Repair Services. 1. Inspection and diagnostic review of the vehicle to determine repair needs and best approach to correct repairs at the most cost effective method. 2. Provide the results of the review of the vehicle to the Town's fleet representative, or designee, with estimated costs of repair and down time. 3. Should the vehicle require outside repairs, City staff will make arrangements with our existing vendors to obtain best pricing for the repair and relay this information to the Town once received from the vendor. Upon approval of the estimated costs for repair and associated down time, City staff will deliver the vehicle to the vendor for repairs. SECTION 5. Procedure for Payment to the City. 1. All work completed by City staff will be in accordance with the shop labor rate from the Chilton Labor Guide, 2010 ed. 2. Billing for all parts will be direct by the parts vendor to the Town of Juno Beach. Page 2 of 5 3. Billing for labor on all work will be on a monthly basis. Fleet staff will bill the Town by the fifth day of the month for work done in the previous month via email. Any questions regarding billing will be directed to the Operations Director or Fleet Supervisor for resolution. All work order documentation will accompany the billing information as backup data for the Town's records. The City will maintain a database of all work done to the Town's vehicles, which will be available upon request. SECTION 6. Obligations of the Town. 1. The Town shall appoint a fleet liaison responsible for coordinating work with the City. 2. The Town shall be responsible for all payables concerning any Town -owned and operated vehicles. At no time will the City be responsible for payables on Town - owned vehicles. SECTION 7. Compensation and Term. 1. As compensation for providing labor support for fleet preventative maintenance and repair service for the Town's vehicles, the City shall be compensated in accordance with the established hourly rate shown in the City's adopted fee schedule. Currently, the shop labor rate is $110.00 per hour. The Town shall provide full payment to the City within thirty (30) days of the date shown on the bill. 2. This Agreement shall be for a term of one (1) year from the date first written hereinabove and shall be automatically renewed for an additional one (1) year term unless either party gives written notice of its intent not to renew thirty (30) days prior to the expiration of the applicable term. Be advised that the Town or City may terminate this agreement for any or no reason by providing thirty (30) days written notice to the other party. SECTION 8. Indemnification. The parties acknowledge that they are both governmental entities governed by the provisions of Section 768.28, Florida Statutes. Without waiving any provisions provided therein, the parties agree that each will, to the extent permitted by law, be responsible for any damage caused by or arising out of the gross negligence or willful misconduct of its employees or agents. Page 3 of 5 SECTION 9. Notices. All notices required or contemplated by this Agreement shall be in writing and shall be hand - delivered or mailed certified mail, return receipt requested to the following addresses: For the Town: Town of Juno Beach 340 Ocean Drive Juno Beach, Florida 33408 Attention: Town Manager For the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager SECTION 10. Miscellaneous Provisions. 1. This Agreement shall not be assigned or transferred by either party without the prior written consent of the other party. 2. All officers and other persons employed by the City and the performance of the services, functions, and responsibilities described and contemplated herein are deemed City employees or appointees during the duration of this Agreement and shall not, under any circumstances, be considered employees of the Town. 3. This Agreement shall be signed in triplicate and filed for record by the City with the Clerk of the Circuit Court of Palm Beach County in accordance with Section 163.01, Florida Statutes. 4. Nothing contained in this Agreement shall be construed to constitute or transfer powers in any way whatsoever. 5. Should any provision of this Agreement be declared invalid by a Court of competent jurisdiction, same shall be deemed stricken herefrom, and all other terms and conditions of this Agreement shall continue in full force and effect as if such invalid provision had never been a part hereof. 6. This Agreement constitutes the entire understanding of the parties. It may not be modified or any of its provisions waived unless such modification and /or waiver is in writing and is agreed to by both parties. Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date first written above. (SEAL) ATTEST: M CITY OF PALM BEACH GARDENS, FLORIDA Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: R. Max Lohman, City Attorney (SEAL) ATTEST: In David Levy, Mayor TOWN OF JUNO BEACH, FLORIDA By: Vanessa M. Dunham, CMC, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Leonard G. Rubin, Town Attorney Mort Levine, Mayor G:\ attorney _share\AGREEMENTS \Interlocal Agreement -juno beach - fleet maintenance svcs - 2011.doc Page 5of5 CITY OF PALM BEACH GARDENS COUNCIL AGENDA June 2, 2011 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin - Council Member Tinsley I. PLEDGE OF ALLEGIANCE H. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF BENJAMIN SCHOOL LACROSSE IA STATE CHAMPIONS b. LEGISLATIVE UPDATE FROM REPRESENTATIVE ROONEY. c. PRESENTATION OF CITIZEN LIFE SAVING AWARD. d. PUBLIC SECTOR EXCELLENCE AWARD. 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: pPo� a. (Page 4 APPROVE MINUTES FROM MAY 5, 2011 CITY COUNCIL MEETING \\ y,o b. (Staff Report on Page 10, Resolution on Page 75) RESOLUTION 28, 2011 - NORTHLAKE BOULEVARD INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FOURTH AMENDMENT TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE PARK, PALM BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Rep or` on Pa , RESOLUTION 29, 2011 - INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) THIRD -TERM PERMIT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. 'Rtaff Report on P .)cue 108, Resolution on Page 1101 RESOLUTION 32, 2011 — DECLARING SURPLUS PROPERTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. Staff Report on Page 114, Resolution on Page 125` RESOLUTION 34, 2011 - INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL YEARS 2012, 2013, AND 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. )n Pa esolL' i on 7 �e 137 RESOLUTION 35, 2011 — SUPPORT OF A PETITION FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NECESSARY IN FLORIDA; REPEAL FEDERALLY PROMULGATED CRITERIA FOR FLORIDA; AND DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. DL PUBLIC HEARINGy (* Designates Quasi- Judicial Hearing) a. (Staff Report on Page 161, Ordinance on Page 194 ORDINANCE 10, 2011 — (2nd READING AND ADOPTION) AMEND THE CITY'S LAND DEVELOPMENT �pS REGULATIONS FOR THE NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT_ BY REVISING SECTION 78- 228(b)(1) AND SECTION 78- 229(a)(2) IN ORDER TO EXTEND THE DEADLINE FOR SIGNAGE AND LANDSCAPING COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE TO MAY 31, 2014; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 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. b. Staff Re -t on F - ?rdinancc ORDINANCE 11, 2011 - (1st READING) AMEND THE CITY'S ELECTION CODE. AN ORDINANCE OF n THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY'S CODE OF ORDINANCES BY REPEALING CHAPTER `f 26. ELECTIONS. IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE PROCESS UTILIZED TO CONDUCT THE CITY'S MUNICIPAL ELECTIONS AND METHODS OF QUALIFYING; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. Keporl -age 25: RESOLUTION 31, 2011 - PGA CORPORATE CENTER (PARCEL 5A). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING RESOLUTION 166, 2005 TO MODIFY ONE (1) CONDITION OF APPROVAL FOR THE PGA CORPORATE CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), ALSO KNOWN AS "PARCEL 5A," GENERALLY BOUNDED BY INTERSTATE 95 RIGHT -OF -WAY AND MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE A1A TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONDITION OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 267, Resolution on Page 269 RESOLUTION 30, 2011 - INTERLOCAL AGREEMENT WITH JUNO BEACH. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA `I "O AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF JUNO BEACH FOR FLEET MAINTENANCE SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X1. ITEMS FOR COUNCIL ACTION/DISCUSSION: XH. CITY ATTORNEY REPORT: XM. 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,)3 CITY OF PALM BEACH GARDENS COUNCIL AGENDA June 2, 2011 7:00 P.M. 57 � Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin — Council Member Tinsley ,-'I. PLEDGE OF ALLEGIANCE -" II. ROLL CALL ✓ III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF BENJAMIN SCHOOL LACROSSE IA STATE CHAMPIONS b. ✓ LEGISLATIVE UPDATE FROM REPRESENTATIVE ROONEY. c. ' PRESENTATION OF CITIZEN LIFE SAVING AWARD. d. ✓ PUBLIC SECTOR EXCELLENCE AWARD. 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: —6 a. (Page 4 APPROVE MINUTES FROM MAY 5, 2011 CITY COUNCIL MEETING b. (Staff ReDort_on Page 10, Resolution on Page 75) RESOLUTION 28, 2011 - NORTHLAKE BOULEVARD INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FOURTH AMENDMENT TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, THE TOWN OF LAKE PARK, PALM BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. a C. (Staff Report on Page 83, Resolution on Page 85) RESOLUTION 29, 2011 - INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) THIRD -TERM PERMIT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Pane 108, Resolution on Page 110) RESOLUTION 32, 2011 — DECLARING SURPLUS PROPERTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 114, Resolution on Page 125) RESOLUTION 34, 2011 - INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL YEARS 2012, 2013, AND 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Pane 135, Resolution on Page 137) RESOLUTION 35, 2011 — SUPPORT OF A PETITION FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NECESSARY IN FLORIDA; REPEAL FEDERALLY PROMULGATED CRITERIA FOR FLORIDA; AND DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. (Staff Report on Pane 181, Ordinance on Pane 194) ORDINANCE 10, 2011 — (2nd READING AND ADOPTION) AMEND THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REVISING SECTION 78- 228(b)(1) AND SECTION 78- 229(a)(2) IN ORDER TO EXTEND THE DEADLINE FOR SIGNAGE AND LANDSCAPING COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE TO MAY 31, 2014; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 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. b. (Staff Report on Pane 198, Ordinance on Page 202) ORDINANCE 11, 2011 — (1st READING) AMEND THE CITY'S ELECTION CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA q,0 AMENDING THE CITY'S CODE OF ORDINANCES BY REPEALING CHAPTER I 26. ELECTIONS. IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE PROCESS UTILIZED TO CONDUCT THE CITY'S MUNICIPAL ELECTIONS AND METHODS OF QUALIFYING; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. *(Staff Report on Page 221 Resolution on Pa a 252 RESOLUTION 31, 2011 - PGA CORPORATE CENTER (PARCEL 5A). A RESOLUTION OF THE CITY 14_0 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING RESOLUTION 166, 2005 TO MODIFY ONE (1) CONDITION OF APPROVAL FOR THE PGA CORPORATE CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), ALSO KNOWN AS "PARCEL 5A," GENERALLY BOUNDED BY INTERSTATE 95 RIGHT -OF -WAY AND MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE A1A TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONDITION OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Resort on Pane 267, Resolution on Pane 269) RESOLUTION 30, 2011 - INTERLOCAL AGREEMENT WITH JUNO BEACH. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF JUNO BEACH FOR FLEET MAINTENANCE SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ✓ XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: �XII. CITY ATTORNEY REPORT: ✓XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 -955 -8771 (TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. U J _ m 'U D o LLJ U LL 70 2 � U a� (l) o F- Z W zr 0 Ir U J � c` Q ti w 2 a- Z Q J � c` Q w 2 a- Z Q .d n� U U IL .� � 0� -0 (D o E <Q) 0 0 E L) ! 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C v T3 p EQ a o E o N c N CY) a) cL Qom' C►� U C �-Cs E Co �- cm N Uza2 0 o .L a - CO E c a� U CZ .� U s� -0 — c� p p Q. v i cm O +r •- O N c E E o c Q) 0 � V PEW a u O ... C rte..► � t?A O ,Poo w s A W-0 .a C Cj Pic po Comm c Qn cu � a 4 L •� i cr O v, � O � ^� C 0 cu aj� p O ♦+ O ,S: L aj 7, y O E w aj .� L" V C �' O U V O C O v ow a� rdA a rA ° C � L O G� e� CA .rA �;•� 3= cU �, a H a w U F., v 6 f a� i i Gi`� Ca UL M Gvn �� • CV'." �P" vrve-J C41 Al n ft ue.N fi , AeVt -"- 13 U d y. c )� ct'c4c K L-0 a.P .moo GA r0A9L10qt0-. READ AT THE CITY COUNCIL MEETING OF JINE 02.2011 I spoke to FRA Tom Drake about a QUIET ZONE for the six railroad crossings in Palm Beach Gardens and was advised that it is up to the City to ask for an FRA risk index evaluation without horns for those six railroad crossings. If the City is serious about it, a request should be done to FRA as soon as possible. According to the City Manager the money is available. Because of the FEC matters in their letter of May 29, 2001 to the City Manager and the FRA regulation (CFR Part 214. (Section 222.23) the southbound train engineer will keep the right to blow his horn even in a QUIET ZONE situation because he will not see soon enough if a motorist is stranded of stopped on the railroad crossing. Therefore the upgrade for that railroad crossing would be a waste of public money and should be replaced with a two lines overhead highway bridge under the direction and expenses of the SOUTH FLORIDA EASTCOAST CORRIDOR. The City is responsible for the Kyoto problem. Let the City Manager explain what the City is going to do. Roger Blangy 11658 Hemlock Street Palm Beach Gardens Florida 33410 cc: Scott Seeburger FDOT Special Projects Manager Enclosure: Letter from FEC dated May 29, 2001 Letter from FEC dated July 22, 2005 Noise level for the residents of Garden Woods R EI-E;'4 E4 �ftYm ANAGER -S QFFIGE Clu`, i, 1. 'i(1t�1 ylay 29, 2001 File: 2$9x3913221 QC Florida East Coas n. I L W A Y, L.i_ PAUNI BEACH G.kRDENS: GR,Of. CROSSING `,lATTERS PROPOSED CROSSING, h -OTO G.a►IU: VNS DRIVE, MP 289 +3, ?21' Mr. Ronald M. Ferris, City tilanaer City of Palm Beach Gardens 14504 N. Military Trail Palm Beach Gardens, Florida 33410 -4698 Dear Mr. Femis: This is in response to your letter of !Nlay C1, 2401, and as a follow up to our incc nny 'Otis, held at the Florida Department of Transportation office, in Ft. Lauderdale, Florida. By way of this letter I atn giving tortral notice that the Railway is opposed to tlus at -garde crossing and will not approve this type of crossing at this location. First, and most importantly, the crossing would create an unsafe condition as the proposed S GV- Ramp overhead highway bridge structure and earthen ramps would impede a rnotoni rs line c,!" -Sim ;c when crossing, or turning from Alternate A1A, to proceed west across our tracks. Another safety concem is the physical location of the crossing. The crossing would be located at the end of a cutup. in our mainline track and would not give our train Engineers tiizic to reset should a motorist becocie stranded or stopped on the crossing. Another factor to consider is the recent signing of an operating agreement betwc:eri the Railway uZd Amtrak. Amtrak will operate over oiu trackage as early as Decernicer 3I, 2001, and could add as many as four trains per day at this location- This increas,4 in rail trafti., a:ong with tite projected traffic congestion in this area due to the opening of a new Movie Theatre combined with the existing traffic from the Shopping Mall, is yet another concern, As we stated at the meeting of May 11, 2001, the Railway is opposed to any new at -grade crossmgs. We are currently in the process of reviewing otir existing grade crossing inventory for the purpoic of eliminating and therefore reducing the number of crossings on our line, With each new grade crossing, track maintenance increases, another opportunity for a vehicle/train accident is created, and the Railway's liability is escalated. 1 believe there are several other solutions for solving your traffic congrstion problems other than opening another at -grade crossing. One: aitLrrnative is a grade :;eparated crossing or over head highway bridge. I [snow this is a +pore costly way to cross our tracks, however it would provide 1 safer and free flowing route for vehicular traffic in general, plus enable your Police, Fire, and Rcscue personnel a direct and open route for serving the community. In our play 11, 2001,inzetins;, t).... A<<).__ . . -- Page 2. Mr. Ronald M. Fems your representative stressed the impcmLnce or this proposed crossing as a rcliet Cor PG A Boulevard traffic congestion and as a vttii part of your twenty yez traffic: pl=. I'r;i .are the new PGA Boulevard overpass and roadway improvements were d�si�Tnrd to han�fic- a 3f.rilfic-i fit increase in vehicuiar traffic, which will pravid(: years of immediate relief from tratiic congestion. The additional funding fo:- an overheat.'. structure at the Kyoto Drive loo adon could then be budgeted over a five to ter, year period. Artother solution would be to route traffic to the north or south on Alurr:ate Al A, aver tlt. rxistin9 grade crossings. The crossing to the north is Hood Road, Railway', rniiepost 288 +2,230', and is 6,271' away from the location of the proposed Kyoto Gardens Drive crossi.agy. The crossing to the south is RCA Boulevard, Rai/way's milapost 294) +1,305', and Li only 3,_164' away from the proposed Kyoto Gardens Drive crossing. Both of the crossings are in close, proximity to the proposed crossing location and would provide relief for traffic congestion On PGA Boulevard. The Railway would consider coordinating the widening of Hood Road or RCA Boulevard, or other improvements you propose, that would help expedite traffic flow at either of tl °sr locations. Should you need to further discuss this matter, please call at (904) 826 -2383. Sincerely, -4 bi . J. L. Schonder Manager - Engineering Services cc: Mr. John D. McPherson Mr. John D. Balker Mr. Charles A. Stone Mr. Daniel P. Clark, City Engincer Mrs. Nadir Rodzigues, ;DOT Mrs. Janice Bordelon, FDOT frf�tu Florida East Coast' _ .. H A I t. W A f. L C; July 22, 2005 File: 39 Mr. Dan Clark, P1, City Engineer LAFH, 111c. 3550 S. W, Corporate Ilkwy. Palnt City, F[, 34990 RF. Quirt Zone Signal Study fur felon kustch 6,irdenS, Plorul,l Dear Mr. Clark: Iii reference to your lettei ot*Ah!-il 22, 2005 w the Slat,: of Vlo idat Oepa wocl1l r'i"I ,,C ,.- District 4 and the Wayside Horn Nulling For ¢;,yoto Gardcas Ni c, we now su1, ►:1►; ta, YOU ttlr , wl estirnate for a Quirt Zone Study flnr tho fbilowing ;srl,Qet crossillp locatod ti! Palm I ;,: wi1 V ioridLt. ♦ Donald Ross Road - AA RN 172 '1791' It1� MI' 287 .t 0503` ♦ [-Hood Road - -- AAR# 272 380 J RR ".91' 2.38 .t 223o' ♦ Kyoto Drive; AAR# New Crass;rlb lilt Ivll1 rich yei d(.,1er►stinc-- t ♦ RCA 6ou[evard -- AAR# 272 382 X I(R NIP 290 -1- 1305' • Barns Road - AAR# 112 383 t? - 0t M 11 290 i 4075' i Lighthouse Drive. - AAR# 272 334 1. RR Ml' 291 t- 3814' This cost eshinate will be, separated itltc, duce ,;t,i1;4c, ` hesc stages will i►►cllidt, Iln-1111,,JUi; y Engineering (Phase 1) cgtitttttted at a cuss 1$72,000, aiac► V,118irl"lirtl, / D'v"ign (Hu,5c 11 rij1 ;!1,1lr1; at $86,400. Phase 3 Construction / Installation can ►tut Ire providc d until 1111asc I and t' ia" ;ta ► L. -IVG been completed. The only additional charges due i.,orrt FFC, will br ttw cast ul Railway's nttulag rrtc;tlt for a'cv1CWillk; plans and attending any rneetings. Trtlrae additional ocla" t will he aubmiticid directly firm The above estimates are being provided alt ihis riauc p.'r yow, roquc;st. However, pWase he awtuca tllw the Federal Railroad Administrutaun har.:nit datermin Old the risk index withot►f hone e. for flie, Vloricla East Coast Railway highway -rail cra;,sit:ga utld iliaat 1i1::(;'fd re.rtaina &jbjt d 1a} F RA 1';na: rgi;rlk.;- Otde( 15, which generally requires tFut I,F.Clt blow trtc traits horn at all highway -mail crr�,sinl,: At this time FEC can proceed w)tll the i,)t►iot Zunc Stusiy if the (,!ty 4f' Palm beach Garden., l),ovidt;., FEC, with a purchase order, however it slurt,rld be rioted that until the i�k.A makes a final rtlll1ty ran 1W, FEC crossings, no other work and no >wa,l►atruc.tic3n letartA cc) tht. estahlislu►,cn► u('a Qulel ;Gone will be done. One Maletga 111001- PO 0 -1 048 • St 11u ?wifine, FL 32n85 ir)gtl J� Shokild you have, ally cluestiolls contact nic at (904) 826-2369. Sincerely, C. A. Stone Director r)f ittgineertng Services CS/111) Cc, Mr. A. 6. Fowler Mr. C. R, Lynch Mr. W. 1. Russell Ms. M. Hammock 4* 4 rr 7Z A /*