HomeMy WebLinkAboutAgenda Council Agenda 070199All those wishing to address the City Council need to complete the necessary form (supply located in back
of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
JULY 1, 1999
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
H. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin
Councilman David Clark and Councilman Carl Sabatello.
M. ANNOUNCEMENT$:
IV. PRESENTATIONS:
1.. Swearing in of New Police Officers
V. CITY MANAGER REPORT:
1. Discussion of Issues and Priorities
2. Construction Manager Report
3. TV /Cable Franchise Agreement Update
VI. AWARDING OF BIDS:
1. Awarding of Bid for Y2K Hardware & Software Testing and Remediation.
2. Awarding of Bid for Purchase of CAD, Mobile Data Computing and City Wide
Telecommunication Solutions.
3. Awarding of Bid for Purchase of Laser Imaging System? v'
VII. REPORTS BY MAYOR AND COUNCIL:
VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request
card to Clerk prior to this Item)
IX. CONSENT AGENDA:
1. Approval of Minutes of City Council 6 /17/99 Regular Meeting
2. Proclaiming July, 1999, as Recreation and Parks Month.
3. Resolution 68, 1999 - Consideration of Approval of a Grant Agreement with Palm Beach
County and the City for the Development of Lake Catherine Park.
4. Resolution 84, 1999 - Consideration of Approval to Issue $3,700,000 In General Revenue
Bonds.
5. Resolution 85, 1999 - Consideration of Approval of Proposal for Engineering Study for
Stormwater Utility Program.
X. PUBLIC HEARINGS:
Resolution 72, 1999 - Consideration of Approval of a Sign Variance for Gardens Park Plaza
(Public Hearing, adv. 6/7/99; Postponed from the 6 /17 /99.Regular Meeting))(To Be
Continued to 7/1/99 Regular Meeting of thp City C uncil)
-�o 9// -:T
2. Ordinance 25, 1999 - Providing for an Amendment to Palm Beach Gardens Code of
Ordinances by Adding Sections 110 -1, Definitions, and Amending Sections 110 -3, Section
110 -4, Section 110 -36, Section 110 -37, Section 110 -38, and Section 110 -39; providing for
Code Revisions to Allow for Definitions, maximum Flag Pole Height and Flag Area, Sign
Lighting Mechanism Restrictions, Non - conforming Sign Exemptions, Side Property Line
Setback Exemptions, Clarification of Height and Area Restrictions for Wall Signs, providing
for Maximum Letter Height, and Transferring Responsibility for Processing Sign Variance
Applications from the City Clerk to Growth Management Department (Public Hearing, adv.
6/2/99; Postponed from the Regular Meeting of 6/17 Con 'd r i n of eco d Reading
and Adoption)
XI. RESOLUTIONS:
1. Resolution 75, 1999 - Consideration of Approval of BallenIsles Grand Palm Estates, Parcel
8b, Entry and Signage.
2. Resolution 76, 1999 - Consideration of Approval of BallenIsles Parcels 20 A/B Entry
S ignage/Fountains/Elevations.
3. Resolution 77, 1999 - Consideration of Approval of Hampton Inn Sign Color Change.
4. Resolution 79, 1999 - Consideration of Approval of Northlake Boulevard Landscape Plan.
5. Resolution 80, 1999 - Consideration of Approval of Appointment of Member to the Northlake
Boulevard Task Force.
XII. ORDINANCES: (For Consideration of First Reading)
XM ITEMS FOR COUNCIL ACTION:
XIV. ITEMS FOR DISCUSSION:
XV. CITY ATTORNEY REPORT: %0 `
XVI. ADJOURNMENT
In accordance with the Americans w Act and Florida Statute 86.26, persons with disabilities
needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later
than 5 days prior to the proceeding at telephone number (561) 775 -8255 for assistance; if hearing impaired,
telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for
assistance. If a person decides to appeal any decision made by the Council, with respect to any matter
considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
MEMORANDUM
TO: Mayor and City Counc'
FROM: Bobbie Herakov' ity Manager
SUBJECT: July 1, 1999 City Council Agenda
DATE: June 30, 1999
Attached please find information relative to Item 3 under Awarding of Bids for the 7/1/99 City
Council Agenda packet. Council has reviewed the attached bid at 3 previous City Council
meetings as part of an overall computer upgrade needed by the City to enable compliance with
Florida Statutes regarding records retention and destruction. This upgrade will also make City
documents /plans available to City residents on the web and will enable staff to respond to public
records requests in a more efficient manner. Plans and documents will be easy to research for
reports to residents and City Council, with the ability to type in a "keyword" to have all
documents relating to a specific topic researched. Commercial and residential building plans
will be easily accessible in a matter of minutes for emergencies experienced by the Police and
Fire Departments and for review by other departments for amendments or additions. The ability
to image all documents and plans will save on storage space in the new municipal complex.
RECONIlVIENDATION: Consider a motion to approve awarding a bid for laser imaging
software and hardware to IKON, piggybacking off State Contracts, in the amount of
$154,379.00.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: 7/1/99
Date Prepared: 6/30/99
Subject/Agenda Item
Awarding of Bid for Records Management System for City
Recommendation/Motion:
Staff recommends approval of proposal from IKON in the amount of $154,379.00 for Records
Management System for the City, piggybacking off State Contract.
Reviewed by:
Originating Deb fit.:
Costs: $154,379
Council Action:
Total
City Attorney
[ ] Approved
Finance K KO
$ 154,379
[ ] Approved w/
Current FY
conditions
ACM
[ ]Denied
Human Res.
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
[ ] Operating
Attachments:
Form
[ x ] Other Bond Revenue
Paper:
[ X ] Not Required
Sub 'tted y:
9
Affected parties
[ ] Notified
Budget Acct. #::
[ ] None
Approved by:
City ManagerC
[ X ] Not required
BACKGROUND:The City purchased a laser imaging system for the purpose of document retention
to comply with State Statutes in 1996. In order to continue to comply with State laws, the system
must be enhanced by purchasing software and hardware to allow staff to image plans for the Growth
Management and Building Departments. These documents will be available not only to staff, but
to the residents of the City. The imaging system also allows staff to respond to public records
requests in a more efficient and timely manner..
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CAVANDOWS\TENMATT000021tm (local)
Page 1 of 1
Blane & Lee
I am including an XL spreadsheet with the new costing, a Word document with the verbiage of our proposal and another
word document outlining the syllabus of the Panagon DS Administrator courses.
Since we have now added Server Hardware & MS BackOffice to our quote we need to go through IKON Federal
another IKON division ) in order to provide you those items on State Contract. I am still waiting for those details to
arrive. However, the pricing should be enough to be put on the agenda.
Please call me or e-mail with any questions or concerns.
PS I have added the forms package to the quote.
John Leblanc
Imaging Solutions IKON
954- 295 -8129
file:C: \WINDOWS \TEMP\ATT00002.htm 6/28/99
C: \WINDOWS \TEN1P\ATT00002.htm (local)
Page 1 of 1
Blane & Lee
I am including an XL spreadsheet with the new costing, a Word document with the verbiage of our proposal and another
word document outlining the syllabus of the Panagon DS Administrator courses.
Since we have now added Server Hardware & MS BackOffice to our quote we need to go through IKON Federal
another IKON division) in order to provide you those items on State Contract. I am still waiting for those details to
arrive. However, the pricing should be enough to be put on the agenda.
Please call me or e-mail with any questions or concerns.
PS I have added the forms package to the quote.
John Leblanc
Imaging Solutions IKON
954- 295 -8129
file:C: \WINDOWS \TEMP\ATT00002.htm 6/28/99
Course Objective:
Panagon IDMDS System Admin (200265)
Module 1
• Understand the business issues regarding document management
• Describe the goals and benefits of Document Management
• Understand Electronic Library Services features
• Describe Enterprise Document Management capabilities
Module 2
• Identify client/server components
• Understand the design requirements
• Describe advantages of using a client/server implementation in a distributed environment
• List user features
• Identify the functions performed by the client and server
• Understand the functions of the Catalog Subsystem and Storage Subsystem
• Describe the terms and components of each subsystem
Module 3
• Understand the functions of the Property Manager
• Describe the terms and components of Property Manager
• Understand which component provides which function
• Understand Property Manager issues
• List the file location for each component
• Install MSSQL Server
Module 4
• Understand the functions of the Storage Manager
• Describe the terms and components of the Storage Manager
• Understand which component provides which function
• Understand Storage Management issues
• List the file location for each component
• Install Enterprise Mezzanine
Module S
• Understand the functions of the Content Search Manager
• Describe the terms and components of the Content Search Manager
• Understand which component provides which function
• Understand the Content Search Manager issues
• List the file location for each component
• Install as an Enterprise Mezzanine Optional Service a Content Search Manager
Module 6
• Identify the required components for a Mezzanine system
• Discuss the pre - installation considerations
• Understand the MZSETUP.EXE options
• Identify and understand the Mezzanine services
• Understand the NT Registry dependency
• Understand the directories and files created during the'installation
Module 7
• Understand the different types of Mezzanine objects
• Understand what properties are and how Mezzanine stores properties for an object
• Describe the differences in protected and unprotected items and when to use each
• Understand the differences between item and version profiles
• List the commonly used properties
Module 8
• List administrative functions
• Understand FileShare functionality
• Understand System Admin Tools functionality
Module 9
• Describe ACLs and Access Rights
• Understand properties to consider modifying when creating a user profile
• List and describe the access rights
• Understand how Mezzanine determines if a user has access to an object
Module 10
• Understand commonly used properties from the document profile
• Describe how default property values are defined by other property settings
• Explain the inheritance model Mezzanine uses
• Describe properties in the system profile that become default values for properties in the item
profile
• Describe the different type of properties
Module 11
• Understand when to create a custom property
• Understand the role of quick lists and controlled vocabulary lists
• Understand DocTypes and their importance in determining custom properties and controlled
vocabulary lists
Module 12
• Describe the FileNET Mezzanine client interface
• Describe the specific features of each Client Interface
• Describe how Mezzanine security is extended in the Client Interfaces
Module 13
• Describe the SDM Desktop
• Describe what happens when you add an item
• Discuss the different methods available to you for managing documents
• Describe the events that occur when an item is checked in or out
• Describe what happens when you copy, view or print an item
Module 14
• Describe when to modify a user's View
• List the steps performed when creating a View
Module 15
• Identify the three methods for document searching
• Understand when to use each method
• Understand how to search multiple libraries
• Describe the benefits of using Stored Search Requests
Module 16
• Describe the hierarchical structure of folders
• Describe the differences between Standard and Smart folders
• Understand the purpose of a Quick Reference folder
• Manage documents within folders
Module 17
• Describe the process for creating a Compound Document
• Understand the methods for managing Compound Documents
• Describe the steps to rearrange the contents of a Compound Document
Module 18
• Describe the FileNET Neighborhood
• Describe IDM Desktop Document Services Item Actions
• Describe IDM Desktop List View
• Describe IDM Desktop Document Class
• Describe IDM Desktop Folders
• Describe IDM Desktop Searches
• Describe IDM Desktop Application Integration
Module 19
• Identify administrative procedures performed by the Administrator
• Describe the steps performed by Mezzanine when archiving an item
• List the differences between archiving and deleting an item
Module 20
• Describe how to modify the login process
• Describe the method for adding large number of users and items
• List the steps required to save a search request
• Understand how to manage user connections
Module 21
• Describe the tools and procedures for backing up and recovering a library system
• Design a Recovery strategy
Module 22
• Describe the administrative activities to be performed
• Understand the importance of monitoring disk space usage
• Understand the importance of documenting your system and describe documents to be included
• Identify activities to be performed and their frequency
Module 23
• Describe the reasons for audit logging
• Understand the events being logged
• Manage the Audit Log process
• Understand the reporting capabilities
Module 24
• Describe the reasons for implementing Replication
• Understand the Replication process
• Manage Replication behavior
Module 25
• Describe basic troubleshooting techniques
• Understand how to efficiently utilize FileNET EDM Technical Support
• Understand the importance of keeping a site - specific manual for troubleshooting purposes
• Describe the various error logging utilities available and how to activate them
Module 26
• Create an implementation plan
• Gather and include relevant configuration information in your site - specific Mezzanine
documentation
Module 27
• Describe other FileNET products that use Mezzanine
• Describe the other FileNET Training classes
Course Objective:
Panagon IDMDS Advanced System Administrator (200267)
Module I
• Expanding a library system to support additional users
• Storage and content search manager architecture
• Tuning and troubleshooting a library system
Module 2
• Define the IDMDS Components
• Understand how documents are distributed on the network
• Describe IIJMDS Security for Users and Groups
• Describe the Inheritance Model followed for items to acquire their default values
• Describe the how the default security is set for an item
Module 3
• Understand the steps required to create and modify the 4.1.3 SETUP.INF file
• Describe the uses of 4.1.3 SETUP.INF
• Describe how to utilize the 4.1.3 SETUP.INF file
• Install IDMDS 4.1.3 using SETUP.INF
Module 4
• Move a library system from one server to another
• Add a remote Storage Server
• Add an additional library to an existing Property Server
Module 5
• Understand the IDMDS 4.2 foundation
• Describe the ODBC configuration
• Define the steps of upgrading a library system, Storage Servers and Client Libraries
• Describe the SQL Server 6.5 install parameter settings
• Upgrade IDMDS 4.1.3 to 4.2 for Windows NT, SQL Server
Module 7
• Define the modifications to IDMDS backup functions
• Define the backup and restore requirements for IDMDS
• Understand the possible inconsistencies after a Recovery
• Utilize the REPCHECK utility
Module 8
• Understand the IDMDS client libraries and their functions
• Describe the IDMDS Login process
• Describe the difference between a Property Search and Content Search
Module 9
• Understand the issues related to accessing the tables
• Recognize IDMDS tables by their IDMDS names
• Understand the column names in IDMDS
• Define system and non - system tables available through a SQL Query tool and understand the
information stored in them
Module 10
• Define the tasks serviced by the Storage Manager
• Describe how the Storage Manager prioritizes tasks
• Understand the steps the Storage Manager performs when servicing tasks
• Describe the Storage Manager architecture
Module 11
• Describe the install of a Content Search Manager and Repository
• Describe the process of indexing documents
• Describe the process of merging indices
• Describe the process of searching for documents based on content within a document
• Modify and implement a stopword list, thesaurus file, and variants
• Understand the affect the stopword list, thesaurus and variants files have on search results
Module 12
• Use repair utilities to repair a damaged library system
• Create automated archive routines
• Create procedures to delete files and free up disk space
• Create procedures to index files in a batch process
Module 13
• Reconfigure memory and user connections for a customer supplied Microsoft SQL Server
database
• Identify techniques to optimize IDMDS searches
Module 14
• Capture FileShare, SDM and Storage Manager logs
• Understand the tasks involved in analyzing a log
• Identify some IDMDS features through logs
Module 15
• Describe the reasons for audit logging
• Understand the events being logged
e Manage the Audit Log process
• Understand the reporting capabilities
Module 16
• Define a DocType and Controlled Vocabulary List (CVL)
• Install the DocType and CVL Administration Tool
• Create and Modify DocTypes and CVLs
• Understand the steps to delete DocTypes
Module 17
• Define the Replication process
• Understand the Replication functionality inside and outside an Administrative Domain
• Understand the issues associated with implementing Replication Services
• Implement Replications Services inside and outside an Administrative Domain
1.0 EXECUTIVE OVERVIEW ................................................................................. ............................... 3
2.0 PROPOSED SOLUTION ..................................................................................... ............................... 5
SOLUTION ARCHITECTURE FOR THE CITY OF PALM BEACH GARDENS .... ...............................
5
INTEGRATION WITH PBG LOB APPLICATIONS ............................................................. ...............................
6
CUSTOME- FORMS ....................................................................................................... ...............................
6
PROPOSED FORMS IMPLEMENTATION .......................................................................... ...............................
7
CONVERSIONMETHODOLOGY ................................................................................... ...............................
10
IMPLEMENTATION METHODOLOGY ............................................................................ ...............................
10
SUPPORT.................................................................................................................... ...............................
10
CLIENT /SERVER ARCHITECTURE ................................................................................ ...............................
16
SECURITY................................................................................................................... ...............................
21
STANDARDS............................................................................................................... ...............................
21
3.0 DESCRIPTION OF OFFEROR EXPERIENCE AND CAPACITY ............. ...............................
22
COMPANYBACKROUND ............................................................................................. ...............................
22
REFERENCES...........................................................................................................:... ...............................
25
FILENET USER GROUP INFORMATION ........................................................................ ...............................
26
4.0 COST PROPOSAL RESPONSE ................................................................... ............................... 28
5.0 STAFFING & PROJECT MANAGEMENT ................................................... ............................... 28
6.0 TRAINING ............................................................................................................ .............................29
1.0 EXECUTIVE OVERVIEW
The following system is designed to meet the current requirements of the City of Palm Beach
Gardens, (PBG) for Imaging and Document Management. IKON Business Information Services,
(BIS), is recommending FileNET's Integrated Document Management System suite, Panagon, to
meet these requirements.
In addition, the proposed FileNet Integrated Document Management system provides PBG with a
solid foundation that can be expanded into future projects requiring imaging, workflow and
document management from the leading software developer in our industry.
IKON Business Information Services, (BIS), and FileNet offer PBG the following:
• FileNET's integrated suite o(products. FileNet is the largest Integrated Document Management software company with
projected revenues in 1999 of $400 million. They will spend nearly $45 million in R&D thisyear.
• IKON will be the prime vendor for this solution. Our business philosophy of providing a "single point of contact solution" has
lead to the successful implementation of over on- hundred electronic document management solutions since 1990.
• IKON' ability to tailor a solution to the specific needs of the customer has lead to numerous prestigious national awards
including the `National Imaging Beseller of the Year. "
• IKON' can provide a complete "turn-key" solution including discovery and detail design, project management, application
design, development /programming, installation, training, conversion services and on going support with our internal resources.
• IKON, a division of IKON Office Solutions, Inc., local presence assures prompt on -site support for additional training,
system evolution management, project management and senace calls.
The system proposed will support PBG's preferred solution architecture. Leveraging FileNET's
integrated suite of imaging, workflow and document management products, PBG shall automate
some of the core processes in order to provide increased efficiency and higher customer service.
As a certified for Microsoft BackOffice application Panagon will operate flawlessly in any NT
environment. The ability to search for a document in the Panagon Repository is as simple as using
the "find" command in Windows. A simple and an advanced query is made available to end -users
with Panagon Desktop.
Any document or grouping of documents in Panagon can be directed to a predefined workflow
routing by a simple right mouse click. Panagon's Office 97 integration gives any user the ability to
operate from within Microsoft Word, Excel or PowerPoint. Users can add, check out and check
documents in from within these powerful applications.
Printing of any document from Panagon does not require any special hardware and can utilize
existing PBG printers and print servers. Every item in a Panagon repository has a security access list
associated to it ensuring the most robust security in a document management system.
Document retrieval from Panagon will be sub second in most cases. For documents stored on the
optical jukebox the maximum wait will be less than 7 seconds. Backups of the Panagon database can
be done online using standard database utilities. Images & documents will be stored on the HP
Optical Jukebox with platter to platter backups implemented.
Documents will be scanned into the system through a Kodak 3500D scanners.
Access to the documents will be available based on PBG's defined security, in order to search,
retrieve, route, fax and print the documents stored in the repository. This functionality provides
increased productivity resulting in higher customer service at PBG.
IKON specializes in integrated electronic document management solutions. IKON brings a unique
blend of business, systems, and technical knowledge to the market. Some of IKON' key strengths are
our design and support abilities.
IKON' philosophy of providing a "ingle point of contact solution" has lead to the successful
implementation of over one hundred systems. Electronic document management is not "just another
application " - it requires a great deal of expertise to provide cost effective and open imaging solutions.
IKON has been dedicated to electronic document management since 1990. This dedication has lead
to our national imaging awards; the Rheinner Imaging ACE Award for `Innovator of the Year" and the
Rheinner Imaging ACE Top Gun Award for `National Reselkr of the Year. "
1.1 CORPORATE BACKGROUND
IKON Office Solutions, Inc. is one of the world's leading office technology providers, dedicated to
helping companies compete better by offering copier systems, integrated computer networking,
software solutions and technology training, as well as mailroom and copy center management and
overflow duplicating. IKON also handles special legal processing services, electronic imaging and file
conversion.
The Company uses IKON Capital, its financing arm, and the latest technology from companies like
FileNet, Optika Imaging Systems, Cannon, Ricoh, Sharp, Microsoft, IBM, Compaq, and Novell to
deliver solutions that help companies win.
With more than 30,000 employees, IKON has more than 850 local operations in the US, Canada,
Mexico, the United Kingdom, Germany, France and Denmark. The IKON network of companies is
helping customers by means of creating a full line of products and services in four areas: our core
analog copiers, digital networking, or what we are calling Technology Services, document
information management (imaging, workflow & OCR /ICR) and outsourced imaging and duplication
services.
Creating shareholder value is the overriding objective at IKON Office Solutions, Inc. Our strategic
decisions and our compensation programs throughout the Company are focused on that primary
goal.
In order to continue grow shareholder value, we are positioning the Company to become the premier
provider of office solutions, a leader in the office technology world.
2.0 PROPOSED SOLU'T'ION
SOLUTION ARCHITECTURE FOR THE CITY OF PALM BEACH GARDENS
The FileNET solution architecture presented in this response meets Metro Employee
Relations Department's (PBG) requirements, with few exceptions, using out -of -the -box
functionality. FileNET offers integrated document management services, which includes
secure storage and retrieval, workflow, imaging and COLD. FileNET is the only company in
the knowledge management industry that currently provides a completely Integrated
Document Management solution using it's own family of products and professional services.
The foundation of the Solution Architecture is FileNET's Panagon family of products.
FileNET's Panagon IDM Document Services ( IDMDS) software is FileNET's back -end
server software and a foundational piece of the integrated image and document management
solution. FileNET IDM Document Services is a powerful system for managing and
safeguarding information on a corporate network. Once in place, IDM Document Services
acts as a network "librarian ", keeping all files safe, up -to -date, and easy -to -find, no matter
what applications were used to secure them or where on the network they are stored.
IDM Document Services provides logical management of documents and document related
objects that goes beyond the hierarchical file systems and ensures data integrity, reliability,
and security. Users and administrators gain relational access to distributed LAN based
objects, wherever they exist, and work with these objects in a centralized way.
The client application that operates in conjunction with Panagon IDMDS to provide users
with access to documents stored anywhere in the enterprise, is the Panagon IDM Desktop.
The Panagon IDM Desktop is the first client software products to deliver sophisticated,
easy -to -use integrated document management deployable in client /server and web
environments. Panagon IDM Desktop provides users in the enterprise with access to all
documents stored in the enterprise libraries from within a Microsoft Windows Explorer or
Internet browser interface.
IDM Desktop delivers out -of- the -box integration with Microsoft Windows environments
and productivity applications such as Microsoft Office, seamlessly managing and viewing
more than 200 document formats including images, text, video, and fax.
Included in our proposal is Integrated Workflow. Integrated Workflow, included in our
IDM DS product, is an ad -hoc workflow offering that allows users to create workflows that
can easily be distributed and monitored through e -mail applications. The architecture
provides an open, flexible framework that allows diverse groups of users to model,
administer, control, and modify work processes more efficiently. The object- oriented
technology enables MIS departinents to achieve significant gains in productivity through re-
use of code.
Visual WorkFlo is robust enough to process the complex requirements of any loan
origination application.
The proposed FileNET Document Capture component provides a batch capture capability
for scanning and indexing incoming documents into the Panagon IDM Document Services
repository. Documents will be scanned into the system using two Kodak scanners. The
capture application will support the scanning and indexing of approximately 15,000
documents per day.
INTEGRATION WITH PBG LOB APPLICATIONS.
Host Integration with PBG Host applications will be done via Microsoft Visual Basic
utilizing FileNET's COM objects (Common Object Model). All functions in both fat & thin
clients are exposable to the programmer. Integration with host systems can be done via
Terminal Emulation or Client Server programming.
CUSTOM E -FORMS
The integration of Informed Designer and Informed Filler with Panagon IDM Document
Services each provide compelling benefits.
Storing form template documents in a document library brings the advantages of document
management to forms design and the form designers /analysts involved. The integration of
Informed Designer with Panagon IDM Document Services means that storing and
retrieving form templates in and from a document library is easy, convenient and natural.
Features include:
• Direct storage and retrieval of form template and data documents in and from a
Panagon DS library.
• Automatic setting of document class and document properties according to
administrator configuration.
• Document searching from within the Informed applications.
• Sending document references via e-mail from within the Informed applications.
Both Informed Designer and Informed Filler (for Windows and Mac OS) integrate with
Panagon IDM Document Services for storage and retrieval of documents. Informed
Designer can check -in and check -out form template documents, while Informed Filler can
check -in and check -out form data documents. Options to cancel a check -out and store local
copies of documents are also provided.
Form analysts benefit from:
• the enterprise reach of the document management system
• the security to protect access to form templates
• the searching capabilities to find particular form templates
• the document versioning that creates an audit trail of design changes
Storing form data documents in a document library brings the advantages of document
management to form filling and those who participate in the filling and processing of forms.
Like Informed Designer, Informed Filler's Open, Close, Save and Save As commands
automatically store and retrieve documents in and from a document library, therefore
eliminating the need for users to manually check -in and check -out documents.
Key to the effectiveness and integrity of this integration is the fact that Informed is based on
a document - centric architecture. Form data documents are container documents for
completed or partially completed forms. A form data document contains all data and
attributes of a form instance, including form information (textual and pictures), digital
signatures, annotations and file attachments —all in a single file. A form is checked into the
document library by checking in one file. There is no danger of accidentally omitting one of
several files and, therefore, compromising document integrity.
By storing form data documents in a central document library, there is always only one
original document and no risk of "copies" being accidentally treated as originals.
Furthermore, the central storage of form data documents enables the parallel routing of
forms. A form can be routed to multiple individuals simultaneously (i.e. in parallel rather
than in sequence), and the multiple recipients can access and update the form in any order,
one at a time. Each update will result in a new version of the form with a complete audit
trail.
Informed Designer includes configuration features for specifying the document class of
form template documents and the mapping of form template attributes (such as the template
name, author and description) to document properties. That way Informed Designer will
automatically set the document class and properties whenever a form template is added or
checked in to the document library.
PROPOSED FORMS IMPLEMENTATION
During the Pilot, Shana and IKON would provide technical product information, form
design /conversion services for selected number of PBG forms, high -level needs and
architecture analysis, and initial system engineering services to augment PBG'S in -house
efforts. By partnering in this manner, Shana and IKON anticipate a quicker, more direct
technology transfer, and a technical and business relationship which would allow our
organizations to move forward toward success, supporting each party's goals along the way.
At a high level, services included and supporting the proposed fill- and -print project include:
Onsite Analysis /Requirements Gathering – Shana and IKON will provide onsite analysis
gathering relative to the existing PBG forms and process. From this analysis, a functional
specification, including business rules, data formats /masks, and validation, will be derived.
Informed Architecture Planning — By better understanding PBG's desktop computing and
network infrastructure, Shana technical personnel will be able to recommend an optimal
Informed infrastructure to support the PCD Pilot.
Forms Design and Prototyping — Evolution of the fill- and -print form specification into
reality is a key component of the proposed project. Shana and IKON technical staff will
develop a series of form prototypes for PBG review and acceptance, through a rapid,
iterative development approach. Form protytyping will also allow PBG to validate and
adjust form features during the development phase of the project. The eventual design of
the selected electronic form will allow computer -based filling and printing of the forms.
Application of Form Intelligence — Once the physical design of the form has been accepted,
Shana and IKON will apply a high degree of business rules /logic in order to prevent data
entry and form completion errors, and to allow users to be coached by the system while
completing the form. Through a high level of form intelligence, Shana and IKON expect to
positively impact PBG cycle times, personnel efforts, and overall process costs, providing
PBG a quick return on investment.
Revision Control and Distribution — While supporting all departments' needs, PBG must
ensure a high degree of form standardization. Via Informed and FileNET, Shana and
IKON will employ a robust, automated form version control /revision architecture. This
architecture will ensure PBG's supported departments always have access to the most
current, authorized version of the selected electronic form.
Informed Configuration and Troubleshooting — Shana and IKON will provide onsite
software configuration advice /assistance, and will assist PBG technical staff in
troubleshooting Informed- related technical issues by telephone. This service is in addition
to the availability of Shana's standard product- focused, telephone -based technical support
efforts.
Technology Transfer — One goal of the proposed project is to improve PBG's technical
staff's understanding of the capabilities of Informed, and to allow subsequent internal
development using Informed as a toolset. Near the conclusion of the project, Shana and
IKON will provide a technology briefing for key PBG technical staffers, to allow them to
understand the design of the electronic form, and to serve as a foundation for evalution of
further Informed -based forms.
After - Project Support — for a period of 90 days after conclusion of the proposed project,
Shana and IKON can provide additional onsite or offsite technical expertise, specifically
focused on the project, at a discounted rate.
End -User Training — Shana and IKON can develop a brief training session addressing the
needs of PBG's form submitters. This training, to be delivered in an auditorium -style
setting, will be focused on using electronic forms properly and efficiently.
End -User Documentation — Shana and IKON can also develop project- specific end -user
training materials, to assist PBG's supported departments' personnel participating in the
project.
CONVERSION METHODOLOGY
IKON has developed a straightforward production focused methodology for backfile
conversions. This allows IKON to maintain exceptionally high production volumes and
accuracy rates. This is accomplished by IKON Project Managers assigned to the conversion
projects with Production Supervisors for each shift along with a highly motivated production
staff. Below is a list of some highlights for the methodology that IKON employs.
• Production Focused
• Stringent QA Process
• Dedicated Production Supervisors
• Dedicated Project Managers
• Issues Resolution Process
• Weekly Progress Reports
IMPLEMENTATION METHODOLOGY
We have developed an approach and methodology uniquely suited to conduct a document
management implementation for PBG. The activities, which we propose to undertake, are
divided into multiple phases, each with its own distinct purpose and value. Our
implementation methodology will ensure that this project is managed in a phased approach
with specific tasks and deliverables completed at the end of each phase. In addition, the
approach will allow the PBG Project Manager and the IKON Business Information Services
Field Supervisor to monitor and accurately evaluate the study progress. Below is a list of
some highlights for the methodology. that IKON employs.
• Manageable Phases
• Defined Deliverables per Phase
• Multiple Milestones & Checkpoints
• Change Control Process
• Issues Resolution Process
• Weekly Progress Reports
SUPPORT
IKON' philosophy in supporting our clients is based on a "single point of contact" for
problem resolution. Our help desk takes the initial call and categorizes the incident into a
priority. Once categorized, a technician based on the incident will place a call to our client.
We offer telephone, dial -in and on -site support services, which can be tailored to the specific
requirements of the client's application. As an example, a mission critical application may
require 7/24 on -site support, where another application's requirements may be telephone
support during normal business hours, 8:30am- 5:OOpm.
Our support technicians are trained on both the hardware and software components. The
technician must be able to trouble -shoot both the hardware and software components to
determine the resolution. This requires a working knowledge of windows desktop and server
operating systems, databases and connectivity along with the FileNet software knowledge.
The majority of our support issues are related to hardware and the network connectivity.
The average time will vary, but is usually resolved in less than a half a day.
I have enclosed our standard Support Services Agreement, which will define our role in
supporting PBG.
IKON Agreement for System Support Services
The following agreement covers the support of the software listed in Schedule A.
This AGREEMENT made this day of February, 1999 by and between IKON, a
division of IKON Office Solutions, Inc., having its principal office in Sunrise, Fl.,
( "IKON ") and the undersigned purchaser, Metro Dade Employee Relations department
(hereinafter "PBG" or Client).
TERMS AND CONDITIONS OF AGREEMENT:
IKON (IKON) agrees to provide and client agrees to accept, under the terms and
conditions of the Agreement, system support services described hereinafter.
1. Services: The services to be provided by IKON will include the following:
(a). IKON shall provide telephone assistance during the established business hours of
IKON, (8:30am- 5:OOpm) Monday through Friday excluding IKON' recognized holidays. All
calls will be captured on IKON customer incident reports and categorized into one of four
priorities based on the conversation with the client: (1) Immediate, (2) High, (3) Medium, (4)
Low. All support services mentioned herein, provided by IKON, are based on the
understanding that includes a response time to the initial call within 30 minutes and
commencement of corrective actions within (2) hours.
(b) IKON shall maintain the ability to communicate via telephone modem peripherals so
that services may be performed on a more timely basis.
I-) Software:
FileNet Systems Software
The services shall include diagnostics as well as software assurance services and program
updates per the FileNet Software Assurance Agreement. Program updates includes the
software upgrades per the FileNet Software Assurance Agreement, however it does not
include IKON services to install, setup and test those upgrades on the client's system.
(a) DataBase:
The services shall include diagnostics support for the SQL database as it applies to the
working system. IKON is not acting as the database administrator, that is the responsibility
of the client. These services also do not include
1. Database re- organize due to corruption from power, water, accident, operator
errors, misuse, unauthorized personnel in the programs and /or other programs
on the network.
2. Database maintenance work required after the implementation. IKON will
provide a suggested plan per the client.
2. Responsibility of Client:
(a) Client shall provide remote dial -in capability, using a compatible modem and necessary
equipment to afford such communication capability as may be required by IKON for
remote diagnostic and more timely services if desired by client.
(b) Client shall provide IKON with a Systems Support Coordinator and Alternate, each of
whom must be approved by IKON and be. trained on the hardware and software. IKON
contact with client for providing services defined in this Agreement will be through the
System Support Coordinate or Alternate. In all instances, IKON will conclusively presume
the authority of the Coordinator or Alternate to contract for. advisory, diagnostic,
programming and or other services.
Client Assigned System Support Coordinator
Client Assigned System Support Alternate
(c) Client shall afford IKON full and free access to the Programs and Client Hardware
through PBG assigned remote access procedures.
(d) IKON shall have full and free access to all systems security authorizations, including
access to all master software security profiles on the SEDMS server. IKON shall have full
and free access to all Client data for which services are provided, such access being limited to
the use of such data for support purposes.
(e) Client shall maintain its license status in good standing.
(f) Client shall provide the following system administration tasks to keep the system in good
working order:
1. Daily backups of databases
2. Prepare complete description of any issues prior to a service call.
3. Charges:
Beginning with the commencement date, charges for support services shall be as follows:
(a)Standard Charge -The charge for standard support services rendered by IKON in
the performing of the services shall be set forth on Schedule A. Such system
standard charges are due and payable in accordance with Article 3.
(b) Supplemental Charge- Supplemental charges will be invoiced for additional
services rendered by IKON. These supplemental charges will be billed at the
standard hourly rate for personnel of IKON as set from time to time. In addition to
the fees for supplemental services, the client shall pay, IKON for all expenses and
costs, including billable travel time and out -of- pocket expenditures incurred in
supplying these supplemental services. Supplemental services shall mean all advisory,
diagnostic, programming, design or other services requested by the client which are
either not mentioned in Schedule B of the Software Purchase Agreement (Services)
and /or failure by the client to perform their required tasks as mentioned in section 4
(Responsibility of Client) and /or any hardware and software not listed on Schedule
A.
IKON shall act as the first point of contact regarding software and hardware issues.
In the event that IKON identifies the software and /or hardware issue is the
responsibility of the client, (not listed on Schedule A), and the client troubleshoots
the issue further and concludes it is a IKON issue, then IKON will schedule either
an on -site service call or diagnostics to solve the issue. If the issue is determined to
be caused by hardware and /or software not listed on Schedule A, these charges shall
be deemed supplemental, and invoiced at normal IKON billing rates..
(c) After hours beeper telephone assistance -IKON shall provide telephone support
outside IKON normal business hours (Section 1a) at a rate of $100.00 per incident.
An incident is defined as a phone call to an IKON on call service technician, after
normal business hours. If the telephone services provided by IKON extend beyond
fifteen minutes, (15), IKON' four hour minimum shall apply, (see section d below).
These charges will be billed on a per incident.
(d) Late Hour and Weekend Service -IKON shall afford services as defined in section
1(a). For all services provided outside these hours there will be a 4 hour minimum at
applicable hourly rates, with the exception of telephone assistance (see section c
above).
(e)Taxes -In addition to the charges due under this Agreement, Client shall pay
amounts equal to any taxes resulting from the Agreement, or other activities
hereunder, exclusive of taxes based upon net income.
(0 Penalties -All charges shall be due and payable upon receipt of invoice. Until paid,
all unpaid charges not paid within thirty (30) days of receipt of invoice shall bear
interest at (18 %) per annum. In the event that collection proceedings become
necessary for past due accounts, Client shall pay costs and attorney fees associated
with such action.
5. Disclaimer and Limitation of Liability
IKON SHAT.T, NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE
DUE, IN WHOLE OR IN PART, TO ANY CAUSE BEYOND ITS CONTROL. IN NO EVENT
WILL IKON BE LIABLE FOR ANY DAMAGE ARISING FROM PERFORMANCE OR
NONPERFORMANCE OF THE PROGRAMS OR FOR ANY DAMAGES CAUSED BY THE
CLIENT'S FAILURE TO PERFORM CLIENT'S RESPONSIBILITIES, OR FOR LOST
PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST CLIENT BY A
THIRD PARTY.
THE CLIENT WAIVES ANY PROVISIONS OF LAW, STATUTE, CONTRACT OR CUSTOM
WHICH MIGHT PROVIDE TO THE CONTRARY.
Client acknowledges that he has read this Agreement, understands it, and agrees to be bound by its
terms and conditions, further, client agrees that it is the complete and exclusive statement of the
Agreement between the parties, which supersedes all proposals or prior agreements, oral or written,
and all other communications between the parties relating to the subject matter of this Agreement.
ACCEPTED:
IKON ( "IKON ")
a division of IKON Office Solutions, Inc.
By:
Title:
Date:
Metro Dade Employee Relations ( "PBG ")
By:
Title:
Date:
CLIENT /SERVER ARCHITECTURE
The IDMDS core architecture can be delineated by three services. They are the object
management, search and retrieval management and storage management services.
FileNET's IDMDS accomplishes this with its Property Manager, Content Search
Manager and Storage Manager services.
The Property Manager
The Property Manager accesses and executes queries against the pieces of data about the
documents (document attributes) that IDMDS stores. The technical platform best suited
for the storage and retrieval of these document attributes is relational database
technology.
The database used for IDMDS is called in the Property Repository and runs on a server
known as the Property Server.
The database will be MS SQL Server®, Sybase® or Oracle®. The Property Manager
manages descriptive property data of system objects (an "object" is any type of file or
profile in the IDMDS system). Common system objects include documents, users, and
groups. Security of system objects is an important part of the Property Manager's role.
The Property Manager also queues documents to be indexed. A process spawned by the
Storage Manager at specified intervals checks the index queue for documents flagged to
have their contents indexed.
IDMDS Property Manager
j
® ocument
Storage Manager
Service
IDM DS Client
Property
Storage &
Searching
Access Control Layer
Document, User &
Group and
Repository
Content
Indexing
Queue
Figure 1: Process View of Property Manager
Property Manager connections take place through the database IDMDS interface (DBI) via
the Open Database Connectivity (ODBC) standard (for more on this see the Making the
Connection: How Services Communicate section). They are transient, lasting only as long
as the transaction that triggered them. This allows a server to handle more connections.
The Content Search Manager
The Content Search Manager indexes documents for subsequent content searching by
users. The index files managed by this service are called Content Search Repositories.
The Content Search Manager indexes documents queued in the Property Manager's
indexing queue. Indexing is initiated by a daemon which periodically wakes -up from within
the Storage Manager service (see Storage Manager below) to check the index queue and
makes sure each document in it gets indexed. This is a background process and transparent
to users on the system.
Content Search Manager
i
Document
Storage Manager
Services
Property
Reposito
Property Manger
Services
Content
Indexing &
Searching
Files
Figure 2: Process View of Content Search Manager
IDM DS Client
The other major job of the Content Search Manager is to process user content search
requests. This service compiles and passes a search "hit list" of documents meeting a
content search's criteria to the requesting client machine.
The Storage Manager
The Storage Manager manages the documents contained in IDMDS' library services. The
physical documents are kept in special directories called shelves, known collectively as
Storage Repositories.
The Storage Manager's main task is to handle user's requests for files. Activities such as
adding documents to a library, checking documents in /out of a library and copying a
document from a library all involve the Storage Manager.
The Storage Manager I
IDM DS Client
Figure 3: Process View of Storage Manager
This service is also responsible for spawning system daemons such as the index daemon
(discussed earlier) that initializes document content indexing. Such daemons (automatic
processes) help administrators automate and monitor system processes.
FileNET's IDMDS Storage Manager service is unique in the industry. No other document
management vendor handles document delivery as efficiently as FileNET. There are two
reasons for this:
First, each Storage Manager automatically load balances. If during peak hours the
Storage Manager gets more requests for files than it has processes to handle them, it
will automatically and pass the waiting requests to servers that have free capacity. Users
are ensured timely responses to their file requests.
Second, the Storage Manager handles a user's request for a document in a unique way.
It causes the server that actually contains the requested document to open a connection
with the client and send the document directly. In comparison, other vendors offer
services that pass the requested document to the login server, which in turn passes it to
the client.
This adds extra steps and processes that take both extra time and valuable system
resources.
This has major network traffic and response implications if the document is being
transacted across Wide Area Networks (WAN). A typical T1 WAN line has only 1 -10%
percent of the traffic throughput capacity of a LAN. Additionally a WAN carries traffic
for multiple enterprise applications cutting available bandwidth for moving entire
document files to a minimum. FileNET's ability to store and delivery documents
exclusively utilizing the benefits of LAN technology and minimizing traffic on the
WAN is a major benefit for worldwide organizations.
Beyond these core functions he multiple features, which add even more value and flexibility
to the core IDMDS services just described.
IDMDS Architecture Advantages
IDMDS includes the following essential features:
• Data Protection. IDMDS was designed so that vital information being stored in its
repository is secure from corruption and /or loss.
• Openness. IDMDS provides excellent interoperability and flexibility in the choice of
hardware, operating systems, communications standards, and third -party software.
• Security. All users on a FileNET system are authenticated prior to accessing IDMDS
services, and all access authorization is handled in a secure server environment, not at
the less - secure desktop.
• Scalability. IDMDS is suitable for a range of applications, and accommodates growth
by allowing administrators to add more hardware (and hence, more users) without
having to change the system software, the application, or the initial hardware.
• Performance. The high- performance IDMDS architecture incorporates a number of
specialized software algorithms and optimizations to use critical resources effectively.
• Flexibility. IDM Document Services offer configuration and runtime options that solve
a variety of enterprise -wide document management problems.
SECURITY
Each time a user adds a document to IDMDS, an Item object and a Version object are
created. The Item object describes the document via properties and controls the security
on the document. The Version object contains specific descriptive information about
each version of the document.
Every time user checks out a document and then checks it back in, a new version of the
document is created. IDM Document Services creates a new Version object to uniquely
identify any changes, and stores the updated version in the system. Thus, each item has
one Item object to describe the original item and, possibly, several Version objects, each
one identifying a revision of the document.
Thus, IDM Document Services protects the integrity of your work. A document, when
checked in, is "protected" by the library and is never changed. In addition, IDM
Document Services protects the version history of files by sending only a copy of the
version file each time it's checked out. If an important section of a file is inadvertently
deleted while open, the check out can always be cancelled. Any edits made to the
document during that session, including deletes, are discarded and the file is retained in
its pre -check out status. With this safety feature, IDM Document Services ensures that
the original document for each version of a file is safely stored on the network and can
never be lost or corrupted.
to IDM Document Services, later the user realizes that some last - minute updates were
left out. The first version of the document is checked out of IDM Document Services,
and the modifications made. When it's ready to be checked back in, there's no need to
name the memo to indicate that this is the second version. IDM Document Services
takes care of version tracking. When the checkin is complete, IDM Document Services
stores the modified document as "Version 2" of the memo, without corrupting the
original version.
In this way the original document is protected from being overwritten or corrupted via
excessive file transfer and network write -to -disk operations.
Further, it provides a sequential audit trail of all changes made for the duration of the
document's life. If an older version of a document is required it's version is readily
available in IDMDS, and if the original document is needed it is also available.
STANDARDS
FileNET is increasingly active in the formulation and compliance validation process
with industry standards. We are a founding member and corporate sponsor of the
Irvine Research Unit in Software (IRUS) at the University of California and an
Associate of the Software Engineering Institute (SEI). Examples of standards that
various FileNET products comply with include:
• British Standards Institution DISC PD2000 -1 for Year 2000
• The Document Management Alliance (DMA)
• Microsoft development standards for Component Object Model (COM), Object
Linking and Embedding (OLE), and ActiveX architecture
• ISO 9002 compliance within FileNET's Ireland distribution center
Our software processes continue to evolve as we are working to establish best
practices that are consistent with the Microsoft Solutions Discipline, which is part of
the Microsoft Solutions Framework (MSF).
With our dedication to these standards, you can be sure our products are developed
consistent with an industry- standard look and feel that reduces your user and
developer training times and simplifies your application development and
integration.
3.0 DESCRIPTION
CAPACITY
OF OFFEROR EXPERIENCE AND
COMPANY BACKROUND
FileNET pioneered the document imaging and workflow markets and has a
sustained commitment to research and development Since its founding in1982.
Working hand in hand with customers and leading technology vendors, FileNET has
developed the nest generation of business productivity solutions, integrated
document management (IDM), a comprehensive solution to managing all types of
documents. FileNET's Panagon family of products provides sophisticated, yet easy -
to -use electronic document management, document - imaging, COLD (computer
output to laser disk) and workflow capabilities that deliver the right information to
the right people at the right tome to make the right decisions.
The Panagon brand simplifies FileNET's product offerings by uniting both Web -
based and client /server software products.
In the past, implementing document - imaging and electronic document management
systems could be complex and costly and time consuming. To accelerate application
development, the Panagon product family is based on component software
architecture and supports industry standards, including Microsoft's Common Object
Model, Active X Controls and OLE Automation. Solutions can be designed,
developed and implemented quickly to meet precise business needs and produce
benefits in a much shorter period of time
According to Software magazine, FileNET ranks among 'the top 60- software
companies in the world and is a worldwide leader in the Integrated Document
Management industry. While other companies offer only part of a solution, such as
document - imaging, EDM or workflow software, FileNET provides a complete IDM
solution through its family of products and applications.
Since its inception in 1982, FileNET has been committed to outstanding customer
service, innovation and a quality support organization. In 1997, FileNET invested
approximately $40 million in research and development. This ongoing engineering
investment has enabled FileNET to create world- class, Web - centric and client /server
software products that solve today and tomorrow's business problems.
Since pioneering the document - imaging and workflow industries more than 15 years
ago with its award - winning WorkFlo® Business System software, FileNET has
helped thousands of customers unleash the power of information with easy -to use
integrated document management software. Our family of products and solutions
enables our customers to organize, manage and store all of their documents, and
makes this information accessible to people and business' processes across the
enterprise and to their customers, suppliers and business partners across the Internet.
FileNET products are sold and supported in more than 60 countries through the
FileNET sales and support organization and the ValueNET® partners.
FileNET and its ValueNET partners have installed approximately 3,900 imaging,
workflow and document management systems around the world. There are over 50
installations in Florida. FileNET with our ValueNet partner, Imaging
Solutions /IKON, has installed superior imaging, workflow and document
management systems throughout the Southeast. With this experience, IKON and
FileNET feel confident that the system will be successfully installed at PBG .
With over $310,000,000 in sales in 1998 FileNET Corporation is the largest provider
of imaging, workflow and document management software in the world.
IKON Office Solutions, Inc. founded in 1986 is one of the world's leading office
technology providers, dedicated to helping companies compete better by offering
copier systems, integrated computer networking, software solutions and technology
training, as well as mailroom and copy center management and overflow duplicating.
IKON also handles special legal processing services, electronic imaging and file
conversion.
The Company uses IKON Capital, its financing arm, and the latest technology from
companies like FileNet, Optika Imaging Systems, Cannon, Ricoh, Sharp, Microsoft,
IBM, Compaq, and Novell to deliver solutions that help companies win.
At FileNET, our mission is it to create products that empower people to work with
information effortlessly. Our brand values are proven, dynamic, smart and
innovative. Translating vision into innovative customer solutions is one of the keys
to our success. To this end, we recognize that our greatest asset is our people; we
hire only the best professionals to develop and deliver the most innovative customer
solutions in the industry. As of December 31, 1998, FileNET has approximately
1,643 employees worldwide. The following is a functional breakdown of the
organization and the people who provide you support as a FileNET customer:
• 510 in Worldwide Sales
• 368 in Engineering, Product Development, and Research and Development
• 283 in Worldwide Customer Service and Support
• 116 in Marketing
• 142 in Administration
• 101 in Manufacturing /Operations
• 69 in Professional Services
• 54 in Education
FileNET embraces an open communication culture and is committed to engaging
employees in the process of clearly defining their career goals and enabling them to
build a plan designed to achieve those goals. We provide training in personal growth,
leadership, and communication and technology skills, and we encourage internal
promotions. FileNET is also an Equal Opportunity Employer.
FileNET believes that employee morale, company stability, and company success are
all linked. Our on -going success is attributed to our high- caliber, experienced,
enthusiastic, and dedicated employees.
With more than 30,000 employees, IKON has more than 850 local operations in the
US, Canada, Mexico, the United Kingdom, Germany, France and Denmark. The
IKON network of companies is helping customers by means of creating a full line of
products and services in four areas: our core analog copiers, digital networking, or
what we are calling Technology Services, document information management
(imaging, workflow & OCR /ICR) and outsourced imaging and duplication services.
Creating shareholder value is the overriding objective at IKON Office Solutions,
Inc. Our strategic decisions and our compensation programs throughout the
Company are focused on that primary goal.
In order to continue grow shareholder value, we are positioning the Company to
become the premier provider of office solutions, a leader in the office technology
world.
REFERENCES
BellSouth Advertising and Publishing (BAPCO)
1967 Lakeside Parkway Suite 412
Tucker, Georgia 30084
Cynthia Johnson
404 - 982 -7306
IBM Servers with NT Server & SQL Server, NT Workstation, IIS with NT for
Intranet
server, IE browser, Three Panasonic 40ppm Scanner
Panagon IDM Doc Services, Panagon Capture with IKON'S Filer, Panagon IDM
Desktop clients
February 1999 (In final stages of training and system acceptance testing)
Size of user base & 325 concurrent "Thick clients "; 100 concurrent "Thin (web)
Clients"
Total user base 650 Users
Tennessee Valley Authority
1101 Market Street
Mailstop BR -6B
Chattanooga, TN 37402
Mr. Jack Flack
423 - 751 -4537
FileNET Mezzanine, now Panagon
FileNET Ensemble, now Integrated Workflow
FileNET SDM (client)
HP /UX, NT, Oracle, Sybase
MS Windows 95
MS Office
Exchange
Installed: March 1995
Size of user base /concurrent users: 5,000 users thick client, 10,000 users thin
client
City of Pembroke Pines
10100 Pines Blvd. 33026
Pembroke Pines, FL
Eileen Tesh
954 -435 -6501
Dell Servers with NT Server & SQL Server, NT Workstation, IIS. with NT for
Intranet
Server, IE browser
Panagon IDM Doc Services, Panagon Capture with IKON's Filer, Panagon IDM
Desktop clients
August 1998
400 concurrent "Thick Clients, 10 concurrent "Thin (web) Clients"
Total User base 400 Users
US Pretrial Services
330 Biscayne Blvd Suite 500
Miami, Fl. 33132
Brandy Troy
305- 808 -6577
Dell Servers with NT Server & SQL Server, NT Workstation, IIS with NT for
Intranet
Server, IE browser, Fujitsu 3099 Scanner
Panagon IDM Doc Services, Panagon Capture with IKON's Filer, Panagon IDM
Desktop clients
October 1997
25 concurrent "Thick Clients, 10 concurrent "Thin (web) Clients"
Total user base 35 Users
FILENET USER GROUP INFORMATION
The FileNET user association — UserNET — was created to establish a
communication link between FileNET and FileNET's valued customers. As a
member, you have the opportunity to network with other UserNET members and
the FileNET management team in order to keep abreast of product strategy and
product and service issues. This communication forum arms you with current and
correct information to assist in your strategic planning and ensures the on -going
success of your HeNET implementation. Since the association's inception in
1985, the UserNET organization has grown to approximately 12,000 members
representing more than 3,500 companies worldwide.
Your membership in the UserNET association provides you with many benefits:
• Invitation to an annual conference sponsored by the association that
showcases the latest FileNET technologies and includes workshops, breakout
sessions, and networking events. At this important venue, you will have the
opportunity to meet the most experienced FileNET users in the world, listen
to the industry's leading integrated document management professionals, and
interact with representatives from every department at FileNET. The 1998
UserNET conference will be held Oct. 4 -7 in San Francisco, California, and
will include attendees from around the world.
• Regional UserNET conferences are also held in the U.K , France, Germany,
and Australia. Your local FileNET account executive or reseller can provide
more information about the FileNET user group in your region.
• Representation by an elected board of FileNET customers, and regional
UserNET presidents in Australia, France, Germany, and the U.K. As your
elected representatives, the UserNET board steers the global organization and
works with FileNET management on issues related to strategic product
development and service enhancements.
• A UserNET Web site where you can communicate with other FileNET users
online. This allows you to regularly contribute to ongoing discussions, get your
questions answered, and provide assistance to other members.
• FileNET's user publication, Connex, a magazine covering UserNET events,
product updates, and technical subjects easily enabling you to keep apprised of
the latest FileNET developments. Each edition features a message from the
UserNET president and includes articles ranging from technology trends to
customer success stories. The publication is available from the UserNET
home page at www.filenet.com /prods /techinfo /workflo
FileNET user groups exist in many countries throughout the world, including
France, Germany, Holland, Italy, the United Kingdom, the Middle East, and
Australia. Some regions have elected local presidents to work with FileNET
management on issues related to strategic product and enhancements. A list of
regional presidents and the UserNET board members is available at
vrww.filenet.com/cust/usemet/brdlist98.hti-A.
For more information about the UserNET organization, you can visit the
UserNET Web site at www.filenet .com /cust /usernet /index.html or contact
FileNET's UserNET liaison.
FileNET's UserNET Liaison
Ms. Tiffany Rushton
FileNET Corporation
3565 Harbor Boulevard Costa Mesa, Calif. 92626 -1420
Phone: 1.714.662.5186
Fax: 1.714.966.3490
mail: trushton @filenet.com
There are regional UserNET groups in the following locations:
Southeast UserNET — Tampa, Florida
Northeast UserNET — Boston
Colorado UserNET — Denver
W. Canada UserNET — Toronto
E. Canada UserNET — Calgary
4.0 COST PROPOSAL RESPONSE
5.0 STAFFING & PROJECT MANAGEMENT
Jim Richardson, Business Analyst (A) Jim has over eight years of imaging and document
management experience in system design, customization and project management roles. His
document management skills include workflow, OCR /ICR forms processing, COLD
technology and full text retrieval. Prior to joining DAS, Jim was a senior systems
analyst /project manager with Edge Systems, a government imaging contractor firm.
Jerry Lachner, Project Manager & IDM Analyst (P&A) Jerry has over 3 years experience
with document management systems. His prior experience includes data system
administrator for software support planning and employment including design, problem
tracking and data security. He has experience as an analyst and project manager. Jerry is our
certified Document Management Specialist. Prior to joining IKON, Jerry was an account
manager for PRE at the US Postal Service IS Support Center.
John Newman, Implementation Manager (I) John has nearly eight years experience
managing implementation teams. He comes to IKON from First Union National Bank
where he was responsible for the implementation of CheckFree. John held the position of
Senior Director of Implementation at First Union. John holds a Bachelors degree in
Business Administration from James Madison University in Harrisonburg, Virginia.
Mike Mosier, Development Manager (D) Mike has over 10 years experience in
programming. He works with C + +, Visual Basic and Powerbuilder. Mike has completed VB,
workflow & EDM classes since joining IKON. He is fully certified on the FileNet API's and
Toolkits.
David Spiers, Systems Analyst (A) Dave has over nine years experience in business analysis,
process
redesign /re- engineering, system design /customization and project management. Prior to
joining IKON, Dave was a Business Consultant working with Human Resources Divisions
of Fortune 500 Companies and was the Systems and Business Analyst for the Dalkon Shield
Claimants Trust.
Jim Williams, Network Analyst (I) Jim has over twelve years experience implementing and
supporting networking systems. Prior to IKON Jim was with MicroAge as a technical
consultant.
Pat Wheeler, Technical Support Services Manager (S) Patrick has over fifteen years in the
computer industry -and over eight in the imaging industry. He has performed a number of
duties including
technical support services and implementation. His document management skills include
OCR /ICR form processing, COLD technology, full text retrieval, and all types of hardware
support. Prior to DAS Pat was affiliated with the US Government for 7 years.
Ron Martin, Workflow Design and Implementation (I) Ron Martin has over 3 years
experience implementing and integrating large and small scale document imaging, COLD,
and workflow systems with existing infrastructures. His specialty is in electronic document
routing, email, and workflow. He performs database setup, configuration, and administration
and has been trained in Microsoft Visual Basic programming language.
Michelle Wilfong, Documentation & Training Specialist M Michelle develops our training
material and course outlines. Prior to joining IKON she was Training Manager at New
Horizons Computer Learning Center.
6.0 TRAINING
IKON shall train the following key personnel groups at PBG:
• Help Desk Personnel
• Database /System Administration
• Security Administrators
• End -User Training Administrators
End User training is typically on site utilizing a train - the - trainer approach. Time frames and
locations for training vary depending upon the intensity. Simple inquiries can be taught in
short training sessions (one to two hours) in the department with instructor /trainer
observing usage and responding to questions within the training area immediately afterward.
More complex functions, such as custom workflows generally require longer, more structure
training programs. Custom and customer - specific training materials are usually co-
developed to improve the ability of the client -based trainer to train new. staff.
We strongly suggest that designated IS Personnel may be exposed to intensive training
programs offered at FileNET's Corporate Training Centers.
ORDINANCE 25, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE PALM BEACH GARDENS CODE OF
ORDINANCES BY ADDING SECTIONS 111 -1, DEFINITIONS,
AND AMENDING SECTIONS 111 -3, SECTION 111 -4,
SECTION 111 -36, SECTION 111 -37, SECTION 111 -33, AND
SECTION 111 -72; PROVIDING FOR CODE REVISIONS TO
ALLOW FOR NEW DEFINITIONS, MAXIMUM FLAG POLE
HEIGHT AND FLAG AREA, CRITERIA FOR LETTERING
ON RESIDENTIAL ENTRY FEATURES AND PERIMETER
WALLS, NON - CONFORMING SIGN EXEMPTIONS, SIDE
PROPERTY LINE SETBACK EXEMPTIONS,
CLARIFICATION OF HEIGHT AND AREA RESTRICTIONS
FOR WALL SIGNS, PROVIDING FOR MAXIMUM LETTER
HEIGHT, AND TRANSFERRING RESPONSIBILITY FOR
PROCESSING SIGN VARIANCE APPLICATIONS FROM
CITY CLERK TO GROWTH MANAGEMENT
DEPARTMENT; PROVIDING FOR A REPEAL OF ALL
ORDINANCES OR PARTS THEREOF IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to amend the section of the Code of Ordinances
regulating signage:.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Section 111 -1 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereLy added to read as follows (added words underlined; deleted words
5 ,_ u u�n). .
Sec. 111 -1. Definitions.
.Directly accessible means having an entrance from any retail space, industrial bay, office space or
similar space directly to the exterior of a l.uilding. Spaces located off of common IoLlties, interior
ground floor hallways or on floors above the ground floor shall not I.e considered directly accessiLlr
to the exterior of a Luildine!.
Entry feature means a structure located at the ingress point to a development which contains certain
decorative features such as landscaping, planters, rock formations, water features, or other details
to provide for aesthetic improvements to a development entrance
Flopr line means the separation between two flo*rs of a multi - story building, where the story
indicated is entirely above the floor line. For example, the fourth floor line is the separation between
the third and fourth floor, the first floor line beinLr trade level.
Perimeter wall means a structure surrounding all or a portion of a development, - parallel to ano/vr
abutting property lines.
Principal tenant means an occupant of either "the entire building or a portion of a building identificd
specifically at time of sign construction`ti_y developer'io �e the principal tenant. `
Primary entranceway means a paved facility, including parking areas, sidewalks, Plaza-, arA
cpurtyards, which provide vehicular and/or pedestrian access to a building entrance.
SECTION 2. Section 110 -1 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
iii u%k ): Y
Sec. 110 -4- 2. Intent and purpose.
•R
The purpose of this chapter is to create the' legal framework for a comprehensive and balanced
system of signage to facilitate an easy and pleasant communication between people and their
environment and to avoid the visual clutter that is potentially harmful to traff c and pedestrian
safety, property values, business opportunities and community appearance. With these purposes in
mind, it is the intent of this chapter to authorize the use of signs, provided they are compatible with
their surroundings, appropriate to the activity that displays them, expressive of the identity of the
individual activities and the community as a whole, and legible in the circumstances in which they
are seen.
(.Code 1987, § 155.01),.
SECTION 3. Section 110 -2 of tlp Code of Ordinances of the Coy of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
struck): ,.
Sec. 110 -2 3. General regulations and restrictions and prohibitions.
(a) . No off -site or off - premises signs shall be permitted under this chapter, unless otherwise
permitted in this Code. All sign copy shall refer,to the property on which the sign is located, except
as permitted elsewhere in this Code.
(b) Only passive -type signage shall be permitted. No surface movements; murals; flashing lights;
Page 2
flashing or moving messages; bright, flashing colors; changeable sign copy, except where expressly
permitted; extruding figures; bunting; awnings with names /advertising; flags, except as expressly
allowed; waving; fluttering; or any device to attract attention shall be allowed within the city. Flags,
with a total of three maximum, shall be allowed. Flags shall be limited to one each of the following:
governmental, religious, and corporate. Flags may be affixed to a maximum of three poles, no
greater than one flag per pole. The maximum height for flagpoles shall be 25 feet. The maximum
area size for a flag shall be 48 square feet.
(c) No sign or device which displays signage shall be allowed on city property or rights -of -way
within the city unless specifically authorized by a resolution or an ordinance of the city council.
Other governmental entities which have jurisdiction and/or control of public right -of -way may install
signs thereon which are under their jurisdiction. Any signs that are not authorized on such
rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne
by the parties responsible for the installation thereof.
(d) Only backlighting and internal lighting or permanently fixed and encased face lighting from
below the sign surface shall be permitted for all ground or flat/wall signs. Open neon sign
illumination is permitted within a building, provided it is not visible from the public right -of -way.
Only backlighting with opaque lettering and permanently fixed and encased face lighting from below
the sign surface shall be permitted in residential zoning districts.
(e) The message on a ground sign or flat -wall sign may be used to identify a building or major
tenant with the maximum amount of such sign messages not to exceed any three messages on any
one sign.
(f) All lettering, logos and other such identification markings on signage shall be permanent and
not interchangeable, except where specific exception is permitted in this chapter.
(g) A building can be identified with both a ground sign and a flat -wall sign on property with
a minimum of 300 feet on a public right -of -way. If there is more than one building on the property,
each building will be allowed one flat wall sign meeting the requirements of this chapter.
(h) No sign facing residential property or property zoned residential shall be allowed within 100
feet from the sign face to a property line of residential property.
(i) Roadside mailboxes or residential building identification, displaying the name or property
occupant and/or street address will be an exception to the requirements of this chapter. Further
exceptions from the requirements of this chapter are signs barring peddlers, indicating security such
as burglar alarms, barring solicitors, or "beware of bad animal" signs. Such signs must be placed at
the entrance of the building or fenced area at entrance.
0) Business motor vehicles containing logos or business addresses and names painted or
embossed on vehicle surfaces, when otherwise permitted or required by law, shall be excepted under
Page 3
this chapter.
(k) No sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any
window or door or opening used as a means of ingress or egress so as to prevent free passage from
one part of a roof to any part thereof. No sign shall be attached in any shape or manner to a fire
escape or be placed in such manner as to interfere with any opening requirement for legal ventilation,
nor shall a sign be erected in a location or at a street intersection or in any street right -of -way so as
to obstruct free and clear vision or obstruct the view of or be confused with any authorized traffic
sign or device by vehicular traffic.
(1) Lettering conveying the name of a residential development affixed to perimeter walls or entry
features shall be su bj ccL Lc, uNYiv V ui V y Lll\ V 1 V VV UI Y1LL11CLE,V1111J11L. LI FCA1 L1111 nt a maximum of 24" in
height, no greater than 60 square feet in area and shall be backlit with opaque lettering or ground lit
only.
(Code 1987, § 155.03; Ord. No. 1 -1997, § 10, 2- 20 -96)
SECTION 4. Section 110 -3 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined, deleted words
SLi uGn).
Sec. 110 -3 4. Nonconforming signs.
(a) Every sign lawfully erected within the city on January 11, 1990 +L1.^ ^FF ^a:_.^ A—_ ^V., -^
L11LJ 4111/✓ Ll YLJ Li CLI\. Vl L11Li
viuiilCail�.i. fr;,l:l vY•ilc :this sccLivil u;,.ivcs and which is a type of sign not permitted in this chapter
may be continued until January 7, 2000 except as follows:
(1) No such sign may be enlarged or altered in any way unless to bring it into conformity.
(2) If a nonconforming sign is destroyed by any means to an extent of 60 50 percent or more of
its replacement costs at time of destruction, it shall not be reconstructed except in
conformance with this chapter.
(3) If a nonconforming sign is removed for any reason, other than maintenance or name change
of occupant, from its location and reinstalled, the sign shall conform to all requirements of
this chapter.
(b) Upon expiration of the time period stated in subsection (a) of this section, such affected sign
shall be immediately removed. Exemptions are as follows:
(1) _ Signs which have been specifically approved by a PUD, PCD or Site Plan within a PCD.
(2) Existing flat wall signs located below the third floor line or roofline on two -story o'LLICC
buildings shall be allowed to remain indefinitely; however, subsections (a)(1), (2), and (3)
shall apply.
(3) Signs located within residentially zoned districts which indicate the name of a residential
Page 4
subdivision or development.
Signs made nonconforming by sign code revisions adopted by Ordinance 25, 1999. -Eity
n,... «..:, ,.« T.. «,. , ^7 , nnn
\+VLU1N11 Vll JU114 1 /, 1
(c) Any permanent sign existing on property annexed into the city, not permitted under this
chapter, but lawful at the time of annexation, shall be removed from the premises upon which the
sign is erected within six years from the date the city comprehensive land use plan is adopted
pertaining to such premises. or J4 Vl.11 .YL.uIJ 11 Vlll L+L1Li\.Ll V\. LLULL+ VL u1L. V1 U111411LJL+ LL Vlll VV 1111,11 L111J
JLV t1:V-l- 1 u,%.Ill V . la. a «a: « - 0.0.1,L11\,.+1,- 1 LL1:1_L1111%, _ J,.1, -1U..1,1 , L'%' 1,011 gVl . Temporary signs located On property
annexed into the city, which are not so y=ni Lcd in compliance with this chapter shall be removed
within 60 days from the date the city comprehensive land use plan is adopted pertaining to such
F «,....,. �1..,. , —, — ,.F4L.,. — A: «,....,.,. F «,....,....A_:,.I- A-:— ,...a;,.« .7....:.. —
premises. 110111 hO L,lllilJ Ll VLF LICLLLJ V1 Lll� VL1L111LL11VV 110111 VVlllcll L111J JLJl.L1V11 LA%'ll VL.J.
(1) The time periods provided in this section are for the purpose of amortizing the costs of a sign
and any property rights created prior to the effective date of the ordinance from which this section
originally deriveds by virtue of lease of location and/or sign space.
(Code 1987, § 155.04)
SECTION 5. Section 110 -4 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
SLi
Sec. 110 -4 5. Display of obscene matter prohibited.
It shall be unlawful for any person to display upon any sign or other advertising structure any
obscene, indecent, or immoral matter which violates this Code or the laws of the state.
(Code 1987, § 155.05)
SECTION 6. Section 110 -5 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
Sec. 110 -5 6. Permits required, fee and revocation.
(a) It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the city
any permanent sign defined in this chapter without first obtaining a permit from the building
department and making payment of the fee required by section 86 -28. All illuminated signs shall,
in addition, be subject to the electrical code, and the permit fees required thereunder.
(b) The building official is authorized and empowered to revoke any permit issued upon failure
of the holder thereof to comply with any provision of this chapter.
Page 5
(Code 1987, § 155.06)
SECTION T Section 110 -6 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
iii uin).
Sec. 110 -6 7. Maintenance, inspection.
All signs for which a permit is required, together with all their supports, braces, guys, anchors, and
plastic faces, shall be kept in repair and, unless constructed of galvanized or noncorroding materials,
shall be thoroughly painted once every two years or as often as the building official may deem
necessary based on the condition of the sign. The building official may order the removal of any sign
that is not maintained in accordance with this section. The removal shall be at the expense of the
owner or lessee. The building official shall reinspect all signs erected within the city as often as he
deems necessary. No fee shall be required for reinspection.
(Code 1987, § 155.07)
SECTION 8. Section 110 -7 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined, deleted words
5ti uck*
Sec. 110 -7 8. Design requirements.
(a) All permanent signs shall be designed and constructed to withstand all loads and design
factors of the city as prescribed by the building code for the city.
(b) The building official shall require sufficient design data, when deemed necessary, to
determine whether the sign complies with the applicable codes of the city. All permanent ground
signs eight feet and above grade shall be certified by a state engineer, who shall submit sufficient
design data to enable the building official to determine whether the sign complies with the applicable
codes of the city.
(Code 1987, § 155.08)
SECTION 9. Section 110 -8 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
iii urn). .
Secs. 110 -8 9 -- 110 -35. Reserved.
ARTICLE II. PERMANENT SIGNS
SECTION 10. Section 110 -36 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
Page 6
mil ud".0.
Sec. 110 -36. Ground signs.
(a) Any property with at least 300 feet of a property line abutting a public right -of -way shall
be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet
of public right -of -way. The frontage of two or more public streets shall be additive to compute
frontage.
(b) A ground sign structure shall not exceed ten feet in overall height above the centerline
of the adjacent roadway nor shall it exceed 15 feet in length. A maximum of 60 square feet per sign
and no more than two faces per sign structure shall be allowed.
(c) Ground signs shall be placed no closer than 15 feet from the front property lines and side
property lines adjacent to a public ri ght -of -way or 50 feet from the side property lines not adjacent
to a public right -of -way. A ground sign shall be erected in a landscaped area. The landscaped area
shall be equal to no less than the height of the sign in all directions from the sign face and front end
and a minimum of three feet from the rear of the sign. The area shall be planted with appropriate
vegetation and automatic irrigation by the property owner and shall comply with Chapter 98.
(Code 1987, § 155.09)
SECTION 11. Section 110 -37 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
,_
su urn). .
Sec. 110 -37. Flat /wall signs
(a) Buildings located on a site which has at least 100 feet of property line on the public right -
of -way shall be allowed one flat/wall sign for identification.
(b) A flat/wall sign installed on a building, which identifies the building or a principal
tenant, shall be parallel to the surface of the wall on which it is painted or attached and shall not
project more than 12 inches from such wall surface. The total area of the sign face shall not exceed
three percent of the face area of the elevation below the fourth floor line or 30 feet above the
centerline of the adjacent street, whichever is less. ..% urcu Vft �% 01611 uc% 111"y V% iil %icu�cu LVVV
...+ F,.« ,.1. ,. ,7 ,7: +: ,.1 cA F -1 .,F ..,.+11,.,.1. C ,. +11.. .,. ....�_. 1:..... „r
PCrCl,lll 1V1 %ach UUU111V11CL1 ✓V L%,l,l Vl JI,IVUNl� Ll Vlll 111l, FIVF%,ll�' lull, 111 I,ANI,JJ Vl llll, 1111111111tA111
_.........c 'LVr +L., .....11 air'l. la ........1:,.,] T11,. ...,.,...:.......L,. ,.:,'... .., .. «.,., ..11..11 ...,.+
l 1, ll ullVU 1V1 1111, VV Ull u�JVll VV 1111,11 1111, Jl�,ll lJ uyYlll,u. 1111, 111un1111U111 Jlrll cu VU 1111,11,UJ1, Jllall 11V 1,
11, . V _.,. -, .. a ,.,._.,... Y _ _+ ... +. +..1 Olgl ,.r+,._ Y �+ The total area of the sign face shall
11V VY \, V Vl l,Al,l,l,ll Jl, V l,ll Vl 1,1,111 Vl U lV LCLl Jl 11 f.Ll VU Vl 11,11 Vl 1,1,111.
not exceed 90 square feet. Sign letters shall be no larger than 36 inches in height. Signs shall not be
located more than three feet above the fourth floor line or above the building parapet.
(c) In addition to the ground and/or flat/wall sign which indicates the purpose of the building or
Page 7
a principal tenant, an occupant of a portion of a building whose space is directly accessible from the
exterior of the building at ground level is allowed one flat/wall sign for each elevation facing a
public right -of -way and/or the primary entranceway, not to exceed two face elevations. Such
flat/wall signs shall not exceed five percent of the gross area of the described elevations of the
tenants' space. Signs shall not be located higher than the second floor line or top of the parapet of
a one -story building. All such signs shall be of uniform type, color, material, shape, or style; letter
height shall not exceed 24 inches, maximum two lines of copy.
a a .. L. ,.11 LJ% F4L... .. .1,_ . 1....:.`1..4 t to C 00% 41- 111%11.,.,.
`Lf Vl1u111141 11+111+1 l�'j./V J1�,11J Jllull VV'Vl lllV JuillV Jl�'llJ, 1V L{.Vl lll+l�lll. 11V1 lV VAVVVU LT 111V11<+J,
a_ 1:
lilui�iliiulil �vvv llil�,a %J1 vl
(d) In addition, a window sign not to exceed five percent of the gross glass area of elevation
may contain the name of the occupant, hours of business operation, open/closed designations, credit
card designations, and telephone numbers shall be permitted, and 15 percent of the gross glass area
of elevation may further be used for the specific advertising of goods and services, not to exceed 100
square feet. Materials utilized in signage comprising the 15 percent allowable area for goods and
services must be of a permanent nature. Use of cardboard or paper materials temporarily affixed to
the glass is prohibited.
(e) Menu sign. A menu sign is a temporary sign used to inform the public of the list of dishes
or foods available in a restaurant along with the corresponding prices. A window menu must be
framed or matted and its area will not be applied toward the 15 percent of the gross glass area. The
sign may also indicate if the restaurant is open and list the hours of operation of the restaurant.
(1) One menu sign is allowed for each restaurant.
(2) The sign shall not exceed four square feet in area.
(3) The sign shall be enclosed in a casing attached to the building. The casing design and
color shall be architecturally compatible with the building design and color. The
casing shall extend no more than two inches in depth away from the wall to which
it is attached, which shall be the owned, rented, or leased premises.
(Code 1987, § 155.10)
SECTION 12. Section 110 -38 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
strueit):
Sec. 110 -38. Directional signs (on site).
(a) A maximum of one double -faced sign of no greater than four square feet on face or higher
than four feet above the adjacent paving yr cuc: u;itiviitiu cuib cut shall be allowed for each
Page 8
building to direct traffic tc, Gary �uilui:ls on the property. In addition, one exterior menu sign shall
be allowed for a drive - through restaurant with a maximum height of five feet and maximum area of
20 feet which shall be landscaped in compliance with chapter 98. Such sign shall be no further than
100 feet from the building which contains the facility. Signs may be illuminated by internal lighting
only and shall be placed in a landscaped area.
(b) As required for safety, "exit only" and "entrance" signs, no greater than four square feet
and no higher than three feet above the adjacent paving, with a maximum of two faces shall be
allowed to encourage or prohibit entrance to a property through each established curb cut. The sign
shall be allowed no closer than two feet from the property line. The sign may be illuminated by
internal lighting only and shall be placed in a landscaped area. The landscaped area shall comply
with the requirements of chapter 98.
(Code 1987, § 155.11)
SECTION 13. Section 110 -72 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
- - -' -I -
llUcr .
Sec. 110 -72. Variances.
(a) Recognizing that the strict application of the requirements of this chapter may work an
undue hardship on certain applicants, variances from the strict application of this chapter may be
granted by the city council. The hardship shall not be economics or natural obstructions on adjacent
lands, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended
benefits provided in this chapter. Procedures for obtaining a variance are as follows:
(1) A written petition for such variances shall be filed by the owner of the sign in
question with the city cicrk growth management department, and the city council
shall conduct a hearing on the petition within 45 days of the filids of the date of
filing, providing all satisfactory information required has been submitted to the -by
ti% city V6.11V11 growth management department. be 1I1.LL111J .c4 by the Yctitivllcl.
(2) The petition shall be signed by the petitioner under oath and shall contain sufficient
information accompanied by a drawing whereby the city council can render a
decision thereon. Only one variance request shall be contained in a petition.
(3) There shall be an initial filing fee, on file in the city cic:n'a growth management
department office, required for each petition filed, which fee shall be paid by the
petitioner upon filing of the petition with the city cic:k growth management
department. The petitioner shall pay for all legal advertising costs, including postage
to mail notices to landowners affected by the variance, unless otherwise specified in
Page 9
subsection (a)(6).
(4) Prior to any hearing conducted by the city council, if the sign in issue is located in
a shopping mall or a shopping center as defined in this chapter, all lessees located
therein and the owner thereof together with all landowners within 300 feet of the
parcel of land on which that shopping mall or shopping center shall be located shall
be notified in writing as directed by the city cicrn growth management department
by United States mail of the pending variance petition, together with the date, time
and place of public hearing on such, at least ten days prior to the hearing.
(5) If the sign in issue is not located within a shopping mall or shopping center, all
landowners within 300 feet of the parcel of land on which the sign in issue is located
shall be notified as directed by the city clan growth management department as
required in subsection (a)(4) of this section. If a condominium shall be involved,
notice to the president or secretary of the condominium association will constitute
notice to all landowners therein.
(6) In addition to the notice of the variance requested, the date, time and place of public
hearing thereon by the city council shall be published in a newspaper of general paid
circulation within the city at least 15 days prior to the hearing. The lessees and
landowners entitled to receive notice shall be determined by the city clan growth
management department. The initial filing fee shall be the total fee when no more
than ten landowners or lessees shall be entitled to notice; the filing fee shall be
increased for each additional five landowners or lessees or fraction thereof.
(7) Three members of the city council shall constitute a quorum, and the concurring vote
of three members shall be required to grant a variance to this chapter.
(8) The city council shall have the authority to request any information it may deem
necessary to properly reach a decision on a petition, including the presentation of
expert testimony at the expense of the petitioner.
(9) The city council shall not conduct a hearing on any petition until all filing fees are
paid and required public notice is complied with as directed by the city cicrk growth
management department. Approval or disapproval of a requested variance shall be
by resolution of the city council.
(b) Exceptions and requirements for planned unit developments or planned community
districts.
(1) The city council may make and grant exceptions to the requirements of this chapter
in a planned unit development, or site plan within a planned community district at
time of adoption or by an amendment thereto by subsequent resolution or ordinance.
Page 10
(2) The city council may vary the size, setback requirements and amount of signs
permitted, provided the council finds that the general intent and purpose of this
chapter is met.
(3) The only exception allowed for the use of a prohibited sign in a planned unit
development shall be when the development does not front on a state or county
arterial right -of -way.
(4) Based upon the above, the developer may erect one off -site double -faced sign not to
exceed 32 square feet containing only the name of the project and directions thereto.
The maximum height of the sign shall not exceed five feet above the crown of the
road. The lighting may be allowed as prescribed by the city council based upon the
effect of illumination on the general surrounding area, traffic safety and reasonable
visibility for the purpose intended.
(5) The city council may grant such exception varlancc by .csolution without the
111L%,l VLi11L1V11 VI Lllli IJICULLIL116 Gulp L.Vl1.1116 L+V11u111JJ1V11 Gulu publication in a newspaper
of general circulation. 111c Jlr LL J11U11 u\. lliulV V%.LL Uy LlllJ V VVlllil uFull L41uuuULlvu V1
+1.,. + :«.... .... :,.a 11,...,,.a 'rl,- _.: _. 1....11 1..,._.._ +1,- « ,.1..+ +._ « .. 4- - ... +1...
L11L., Llull+ 1JLi11VU U11V VV%,%A. 1111. L+1Ly Juuu 11uV%l Ll IL., 11611L -LV 1V111V Y1, L11Li 01611 L F%j11 Lull
V VY 11101 J 1U11u1L+ LV LLV JV, UL L11Li 1,VJL Vl L110 V VV111,1.
`V f 11110 111 L1i1 V411L1V11 Vl UIN., 1J1Uluullr� GL111L L,V111116 1JV11u1uJJ1Vl1 ULlll llli VVaF"F%1I FL1V11LJUL1V11
F P._,. %J1 ,.1.,.11 ... + LA, ..lro
Vl �./vUl1L+ 11Li Ul lll� Vl uyiJlV vu1 1V1 01.11 ul111i11U111Li11L Jllull 11VL VV 14%iull l�u.
(Code 1987, § 155.18)
SECTION 14. All ordinances and resolutions of the City, or any part thereof, which are in
conflict with this ordinance are hereby repealed.
SECTION 15. Should any section or provision of this ordinance, or any portion, paragraph,
sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
SECTION 16. The City Clerk is hereby directed to ensure that the contents of this ordinance
be codified as part of the City Code of Ordinances.
SECTION 17. This ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF , 1999.
PLACED ON SECOND READING THIS DAY OF , 1999.
PASSED AND ADOPTED THIS DAY OF , 1999.
Page 11
MAYOR JOSEPH R. RUSSO
COUNCILMAN CARL SABATELLO
VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
G: \Short Range \txt9907.ord.wpd
tmo
Page 12
CITY ATTORNEY
AYE NAY ABSENT
A • Y
� r
r.,
MONTHLY CONSTRUCTION
STATUS REPORT
1 JULY 1999
SCHEDULE
EVEN THOUGH THE AFTERNOON RAINS HAVE ARRIVED, THE CONTRACTOR
HAS MAINTAINED HIS INCREASED PACE AND HAS PICKED UP FIVE DAYS ON
HIS SCHEDULE.
CHANGE ORDERS.
PROPOSED CHANGE ORDERS (PCO) 30 AND 42 ARE PRESENTED FOR COUNCIL
APPROVAL.
PCO 30 WAS GENERATED AT THE REQUEST OF THE RECREATION
DEPARTMENT TO INSTALL THE OUTFIELD FENCES WITH THE BARBS IN AN
UPRIGHT POSITION. THE DRAWINGS HAD THE BARBS DOWN AND IT WAS -
CONSIDERED A HAZARD TO THE CHILDREN PLAYING ON THE FIELDS.
FURTHER THE DRAWINGS CALLED FOR A BOTTOM PIPE RAIL ON THE
FENCING AND THIS WAS ALSO CHANGED BY THE REC. DEPT. FOR SAFETY
REASONS.
PCO 42 WAS FOR THE INSTALLATION OF FENCING, INCLUDING TOPS AND .
GATES, AROUND THE ELECTRICAL PANELS (2) AND TRANSFORMER AT THE
BALL FIELDS. THE DRAWINGS HAD NO FENCING CALLED OUT IN THESE
AREAS.
CITY HALL
THE REMAINDER OF THE CLAY TILE IS BEING INSTALLED AND THE
STRUCTURE FOR THE PITCHED ROOF OVER THE COUNCIL CHAMBERS WILL
START IN THE NEXT WEEK.
THE HARD LID HAS BEEN INSTALLED ON THE SECOND FLOOR AND METAL
STUDS FOR THE WALLS ARE BEING PLACED.
Pg. 2
July Report
WORK HAS STARTED ON THE CONNECTION AND EVENTUAL START UP OF
THE CHILLER PLANT.
FIRE STATION
INTERIOR WORK ON THE HVAC SYSTEM, PLUMBING AND ELECTRICAL IS
PROGRESSING ON SCHEDULE.
STUCCO WORK IS ALMOST COMPLETE AND PAINTING HAS STARTED ON THE
EXTERIOR
POLICE STATION
DRY WALLING HAS STARTED ON THE FIRST FLOOR AND METAL STUDS ARE
BEING PLACED ON THE SECOND FLOOR
GRADING FOR THE PARKING LOTS IS UNDERWAY. LIGHT POLE BASES ARE
BEING PLACED AND UNDERGROUND WIRING FOR THE MECHANICAL GATES
HAS BEEN INSTALLED.
EXTERIOR PAINTING IS IN PROGRESS.
SUFFOLK CONSTRUCTION COMPANY
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FL 33410
561- 691 -9673
Proposed Change Order ##00030
ADD BOTT. TENSION WIRE AND BARBS UP
Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL December 21, 1998
PALM BEACH GARDENS, FL 33410
From Vendor SCC100
In Reference To / / Started: Completed:
THE CITY OF PALM BEACH GARDENS REQUESTED TO CHANGE THE FENCING AS STATED IN THE
ATTACHED LETTER. SINCE A PORTION OF THE FENCE HAD BEEN INSTALLED AT THE TIME OF
THE REQUEST AND IN ORDER TO OBTAIN AND INSTALL THE TENSION WIRE,
r
i i LXTi�:� IC�: Tv iriSE 1. OF is CALENDAR DAYS. . (, /},-5 �) xt-*r7z
SOUTHERN ALUMINUM PROPOSAL ON 1/6/99 .... ......................$4,295.00
SCCI SUPERINTENDENT .... 4 HOURS ... @ $47.91 .....................$ 191.64
SUBTOTAL. ................. .......................$4, 4 .64
SCCI BOND PREMIUM @ lo .......... ..............................& 44.87
SCCI BUILDERS RISK @ . 5a ......... .............................$- 22.83
SCCI OVERHEAD AND PROFIT ON SCCI WORK @ 150 ...................$ 28.75
SCCI OVERHEAD AND PROFIT ON SUBCONTRACTOR WORK .@ 10a..........$ 429.50
TOTAL ADD THIS MODIFICATION ............................ ?...$5,012.59
ROUNDED ................ ............................... .).....$5,013.00
Cost: $
Acknowledged by: CITY OF PALM BEACH GARDENS
Signed:
By:
-jate:
5,013.00
aUTHERN ALUMINUMi
M A N U IF A C T U R I N G'Z
i
,January 6, 1999
Mr. Ken Eldridge
Suffolk Construction Company
2801 PGA Boulevard, Suite # 1002
Palm Beach Gardens, Florida 33410
Re: Palm Beach Gardens Municipal Complex
Dear Ken,
Following are the price breakdowns you requested:
1. Reinstall fabric barbs up, as it has been done: .�
$ 1.35 per foot down X1000 IF
$ 1.35 per foot up
10% DH &P = $ 3.00 per foot
2. To supply 6000 feet of bottom tension wire, 6 gauge extruded black
and hog rings for 6000 feet:
$1,295.00
In reference to (lie request for credit for the bottom rail materials replaced by tension
wire; the materials are already on the job site.
Should you have any questions or need further assistance, please do not hesitate to
contact me.
Sincerely, ,
Arthur Eckstein
1650 NW 23rd Avenue • FL lCauderda1c, Florida 33311
(954) 730 -0102 • (800) 419 -3463 • FAx (954) 730 -0743
SUFFOLK CONSTRUCTION COMPANY
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FL 33410
561 -691 -9673
Proposed Change Order #00042
FENCE AROUND TRANSFORMER - REVISED
Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL May 20, 1999
PALM BEACH GARDENS, FL 33410
From Vendor SCC100
In Reference To / / Started: Completed:
AS PER THE CITY OF PALM BEACH GARDENS REQUEST, SCCI HAS PRICED THE ADDITIONAL
FENCING AROUND THE TRANSFORMER. THE BREAKDOWN AS FOLLOWS:
SOUTHERN ALUMINUM PROPOSAL ON 2/ 15 /99 ..........................$ 9,202.68
ROUNDED.......................... ..............................$ 9,203.00
ak.4i,unL � Ga 6K Zz. PA S'l
�L4�i �.y�S w.i� SvF�oa.0 WAs 5& <ccsCAv( .
1 �1 �G(.sa't /1 'T-�...;Q �Qa�'•r �` aucetAc.�.l•
Cost: $ 9,203.00
Acknowledged by: CITY OF PALM BEACH GARDENS
S i.gned :
By:
Date:
(b6`_"7yz
SOUTHERNALUflVUM1t 4NUF,4CTURING, INC
1650 NORTHWEST 23RD. AVENUE
FORT LAUDERDALE, FLORIDA 33311
(454) 730 -0102 * (fax) 730 -0743
1- 800 -419 -3463
FEBRUARY 15,1999
TO: KEN ELDRICH
RE: CHANGE ORDER 1 TRANSFORMER FENCE
DEAR KEN
Thank you for giving us the opportunity to review the plans and specifications for the above
Referenced project's scope of work Based on our review, we are pleased to offer the following
Quotation:
WE WILL SUPPLY AMID INSTALL TRANSFOMER FENCE AS PER DRAWINGS
2 UNITS 16' X 7' 10' NIGH WITH ONE 3' GATE WITH ROOF @ $3,237.88
MATERIALS $1,843.00
LABOR $1,000.00
TAX $110.58
0.11 P. 10% $284.30
TOTAL $3,237.88 EACH UNIT
1 UNIT 14'X 18' 8' HIGH WITH ONE GATE 6' -- - - -- _ ---- -- @ $2,726.92
MATERIALS $1,687.00
LABOR $700.00
TAX $101.22
0.11 P.10% $238.70
TOTAL $2,726.92 EACH UNIT
PRICE FOR ALL 3 UNITS $ 91-202.68
PLEASE SIGN AND RETURN SOON SO WE MAY PROCEDE
APPROVED ....... . ....... ..................... DATE
Sin e ely,
J La occa, Director of Commercial Account Services,
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CITY MANAGER'S OFFICE
interoffice
MEMORANDUM
TO: Bobbie Herakovich, City Manager
FROM: Richard Diamond, Assistant City Manager
SUBJECT: Telecommunications Report
DATE: June 28, 1999
The following is the status of outstanding telecommunications issues involving the City:
Cable Television Service
On October 23, 1967, the City adopted Ordinance 22, 1967 granting to Palm Beach Cable TV Co. a non-
exclusive franchise to use public right -of -way to provide cable television services. The franchise was
for a term of thirty (30) years and provided for compensation to the City 2% of gross receipts derived
from providing cable services in the City. The ordinance was amended March 3, 1970 by Ordinance
2, 1970 which increased the compensation to 5% of gross receipts until October 23, 1972 and thereafter
to 6% for the remainder of the term. The ordinance was amended three more times to revise charges
for cable services. In December 1989, Palm Beach Cable TV Co. was acquired by Adelphia Cable Co.
In 1990, the City adopted Ordinance 5, 1990 regulating cable television services in the City.
The franchise agreement with Adelphia expired October 23, 1997. On October 23, 1994, the City
received a formal request for renewal of the franchise from Adelphia. Since the 1997 expiration of the
agreement, the franchise with Adelphia was extended by the City Council under its existing terms.
In mid -1998, Leibowitz & Associates prepared a draft franchise agreement that was intended to meet
the requirements of the federal Telecommunications Act of 1996, to be presented to Adelphia. Action
to adopt the franchise agreement was delayed until the revised ordinance was finalized by Leibowitz &
Associates and due to a conflict over the use of right -of -way and the impending interlocal agreement
with Palm Beach County (discussed in detail below). It was recently determined that the interlocal
agreement with the County was a futile effort.
Leibowitz & Associates has presented a draft cable television ordinance that would replace the City's
existing regulations. This ordinance would facilitate the new franchise agreement being proposed.
Right -of -Way Dispute
On February 11, 1993, Adelphia Cable notified the City that Comcast Cablevision was serving residents
RD/Telecommunications Status.doc
of the City without having obtained a franchise. Specifically, service was being provided by Comcast
to residents of Frenchman's Creek. Adelphia alerted the City to this issue on April 10, 1997 and again
on May 6, 1997. The City assigned Leibowitz & Associates to address the matter. Leibowitz &
Associates was handling a similar situation for Greenacres and it was agreed by all parties that
Greenacres and Gardens would split the fees involved to deal with the matter.
The issue centers around the authority to regulate cable TV providers and the fact that the authority to
regulate is derived from use of public rights -of -way. The theory goes that if cable TV services can be
provided with the use of public rights -of -way, then the governing authority has no power to regulate.
In this case, Comcast claimed that it did not use any rights -of -way located in Palm Beach Gardens to
provide service to residents of Frenchman's Creek, an entirely private community. The rights -of -way
utilized to provide service belonged to Palm Beach County; therefore, only Palm Beach County had the
authority to regulate and to seek compensation for the use of its rights -of -way.
On February 5, 1998, the City notified Comcast that it was required to secure a franchise in order to
continue to provide service within the City's jurisdiction. Comcast rejected the City's assertion, but
indicated a willingness to "discuss mutually beneficial ways of resolving this matter."
Meanwhile, the City was exploring alternative means to obtain franchising authority. If, in fact,
franchising authority is derived from jurisdiction over rights -of -way and the rights -of -way in questioning
belonged to the County, it was suggested that a transfer of authority via an interlocal agreement with the
County would close the loophole that existed. Discussions ensued.
In February of 1998, the County approved of the concept of an interlocal agreement to allow the
municipal bodies to have regulatory control over cable services provided within their jurisdiction. In
March, a draft interlocal agreement was proposed by Leibowitz & Associates. It required numerous
modifications before being presented to the County in July. After much more debate and modification
to the agreement, the County determined that it could not proceed with an interlocal agreement for these
purposes. At a meeting in November 1998, representatives from the County determined that the
interlocal agreement would be inconsistent with certain obligations and commitments pursuant to the
County's existing franchise agreements.
Shortly thereafter, it was announced that Adelphia and Comcast had agreed to an area "swap" which
resulted in Adelphia assuming all the equipment and customers of Comcast throughout Palm Beach
County. The "swap" is pending approval by the FCC. If approved, this would resolve the original
dispute, however, the underlying issue would remain.
Status
The City has revised the draft ordinance prepared by Leibowitz & Associates and it is being circulated
for staff comments /revisions. Once the ordinance is adopted, the draft franchise agreement will be
finalized and presented to Adelphia in order to begin negotiations.
Telephone Service
Under Florida law, a local government has the right to require providers of local telephone exchange
service to obtain a franchise from the City for access to the public rights -of -way and collect
compensation in the amount of 1% of gross receipts for local exchange service. For long distance and
2
RD/Telecommunications Status.doc
other services, a local government may collect compensation based on linear feet or as negotiated with
each provider. Both federal (the Telecommunications Act of 1996) and state law require local
governments to allow all providers of like services access to the right -of -way on the basis of a level
playing field (equivalent terms and conditions).
On April 25, 1966, the City, by ordinance, granted Bell South (formerly Southern Bell) the authority to
use public right -of -way for the purpose of "erecting, constructing, maintaining and operating lines of
telephone and telegraph." Bell South agreed to pay 1% of gross receipts from rental of telephones
within the City. In addition, the agreement reserved to the City the right to purchase the plant or other
property at the termination of the grant. The grant was for a period of thirty years; thus, it expired April
25, 1996.
In light of the requirements of the federal Telecommunications Act, the City contracted with special
counsel, Leibowitz & Associates, to draft a telecommunications ordinance which would prescribe terms
and conditions with which all telecommunications companies (providers of local telephone, cable
television, certain data, and video services) must comply.
During discussions in early 1997, it was reported by Leibowitz & Associates that Bell South had taken
the position that the company is not required to obtain a franchise to gain access to the right -of -way to
provide local exchange service and is not required to compensate the City in order to provide services
other than local exchange service. Bell South has continued to pay the 1% fee since the time the
franchise agreement expired.
In June 1998, the City received a letter from Teleport Communications Group /TCq South Florida
(TCG) requesting use of the City's rights -of -way to provide local telephone exchange service. TCG,
through its counsel, Holland & Knight LLP, provided a sample agreement and a temporary permit. TCG
acknowledged that the City was presently in the process of revising its telecommunications ordinance
and was content to wait until the City completed this process. TCG suggested use of the temporary
permit. The temporary permit provided by TCG is not acceptable in the form presented.
Status
The City is obtaining copies of telephone service regulations from other local governments to use as a
model for preparing a City ordinance, or for use in negotiating new franchises (the draft ordinance
received from Leibowitz & Associates addressed only cable television service). The City has found that
few local governments have adopted telephone service regulations since the passage of the
Telecommunications Act. Most have, instead, entered into individual franchise agreements with
telephone service providers imposing like terms and conditions. Regardless of whether the City adopts
a telephone service ordinance prior to negotiating a renewal of the franchise with Bell South, the City
should consider whether it should exercise its option to purchase Bell South's facilities as allowed in
the current franchise agreement. Because of the time that has passed since TCG's initial request, staff
is reviewing the temporary permit request for possible revisions, as an interim means to respond to
TCG's request.
Should you have any questions, please advise.
RD:npf
RD/Telecommunications Status.doc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 06/25/1999
Meeting Date: 07/01/1999
Subject/Agenda Item
Y2K Hardware and Software Testing and Remediation
Recommendation /Motion:
Staff recommends approval of proposal from AMS Technology Group, Inc. in the amount of
$27,863.
Reviewed by:
Originating Dept.:
Costs: $27,863
Council Action:
( Total)
City Attorney
MIS Division
[ ] Approved
Finance
$ 27030
[ ] Approved w/
Current FY
conditions
ACM
[ ]Denied
Other
Advertised:
Funding Source:
[ ] Continued to:
[ X ] General Fund
Submitted by:
Date:
Richard Diamond
Paper:
[ ] Other
Attachments:
Memo to City Mgr.
[ X ] Not Required
AMS Proposal Doc.
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
01- 0220 - 512.3150
Approved by:
City Manager
[ ] Not required
[ ] None
BACKGROUND:
MEMORANDUM
TO: BOBBIE HERAKOVICH
FROM: LEE MENKE
SUBJECT: Y2K HARDWARE AND SOFTWARE REMEDIATION
s
DATE: 06/28199
CC:
;,BACKGROUND
The City is currently moving quickly to address its Y2K issues. Part of the City's plan to become Y2K
ready is the testing and remediation of its computer network system hardware, operating system and
popular desktop applications. Staff is recommending AMS Technology Group, Inc. (AMS) to complete
this phase of the project.
DISCUSSION
Like virtually every other public and private organization, the City has numerous Y2K problems that need
to be resolved. Staff has been working very hard to identify and resolve these issues.
There are five levels in a every system that must be addressed before a system is Y2K considered
compliant. The five levels are hardware, firmware, operating system, application software, and data files.
Each and every level must be Y2K compliant or the system is not compliant. For example, if the
operating system is compliant but the firmware clocks are not compliant, then the system is not Y2K
compliant.
Staff is working to resolve the City's Y2K problems at the operating system and application software
levels. Staff is upgrading every PC workstation to Microsoft Office97 Professional. Staff is installing all
currently available upgrades, service packs, and software patches on every server and workstation that is
expected to be in use on January 1, 2000. According to Microsoft, the operating systems and standard
desktop applications will be Y2K compliant once this is completed.
Departmental specific systems are being handled on a case by case basis. Staff is working closely with
the software vendors of all the City's systems to ensure the systems will be Y2K ready. Depending on
the specific system, staff is either upgrading, patching, or replacing the systems.
However, the hardware and firmware levels of the existing servers and workstations still need to be tested
and remediated where necessary. AMS will address these two areas and where needed install the
necessary hardware and/or software to achieve Y2K compliance at these levels. AMS will also test and
remediate popular application data files like Word and Excel.
If the City does not address these areas as part of a comprehensive Y2K plan, the City risks system
failures in its critical systems including accounting and financial systems, building permits, occupational
licenses, GIS, and imaging.
AMS Technology Group, Corp. (AMS) was chosen by Public Technology Inc., (a non - profit technology
R &D organization for local governments dedicated to advancing the development and wise use of
technology by city, county, and state governments) to provide Year 2000 solutions through their Y2K
multiple -award Procurement Solutions Program.
AMS responded to a nationwide publicly advertised RFP issued by PTI (RFP #PTI-9 8 100 1), and passed a
rigorous review process, identical to the one utilized by many state and local governments in soliciting
information technology products and services. AMS was awarded the contract on January 29, 1999. PTI
contract pricing is below the state contract pricing.
Costs
Pricing is based on a total of 124 computers and 4 servers. Additionally, this quotation is predicted on
one half of the nodes being NT based and the rest Win95/98. All four of the servers are NT based. This
pricing also assumes "worst case" scenario in that each workstation is assumed to need remediation. It is
possible that some of our newer systems will require no remediation. If no remediation is required, there
will be cost savings which vary depending on device type.
3 � r
` tom ili uee P �duar
°e
N " "' Co
h .w. ,, x
Hardware /Software Logical Inventory Audit
$1,600.00
(Software — No license transfer)
Y2K Compliance Status Report
$1,063.00
Hardware /Software Logical Inventory Audit and BIOS Testing — Nodes
$8,200.00
(labor, including ISA boards installation, as required)
Hardware /Software Logical Inventory Audit and BIOS Testing —
; $3,200.00
Servers (labor)
Computer BIOS Test (software)
$2,800.00
AMS Scan ISA Boards (assumes 64 boards)
$3,200.00
End -user Spreadsheet and Date Dependent Files Testing and
$1,240.00
Remediation Strategy — (software)
End -user Spreadsheet and Date Dependent Files Testing and
$6,560.00
Remediation Strategy — (labor)
i
M P �I$
For a detailed discussion of the project, see the attached document from AMS.
Fundine
Funding for this project will be provided by General Revenue. $25,000.00 was budgeted for Y2K costs.
The excess will be provided by surpluses from other projects.
RECOMMENDATION
Staff recommends approval of the contract with AMS Technology Group, Inc. in the amount of $27,863.
EXECUTIVE SUMMARY
AMS Technology Group, Corp. ( "AMS ") is pleased to be invited to respond to the Year 2000
requirements of The City of Palm Beach Gardens. If successful, we will utilize our in -depth
knowledge of all facets of Year 2000 compliance to help The City of Palm Beach Gardens achieve
and maintain readiness, while providing the highest quality services and tools, all at a reasonable
price.
AMS has completed over 50 major Year 2000 consulting engagements for government and
commercial customers, and has participated in dozens of other Y2K projects as a partner to major
contractors and as subject matter experts. AMS has used its expertise to guide its clients to Y2K
readiness, preparedness and compliance over the past three years.
With the Year 2000 deadline closing in, more organizations are focusing on Y2K compliance
beyond the mainframe and are implementing programs to audit PCs, servers and distributed
computing systems that are equally vulnerable, and critical in day -to -day operations. As a leading
supplier of software and services solutions for simplifying the Year 2000 compliance of the
desktop, network, and client - server environment for commercial and government clients worldwide,
AMS is dedicated to sharing its expertise and experience with our clients.
We have been selected by Public Technology Inc., (a non - profit technology R &D organization for
local governments dedicated to advancing the development and wise use of technology by city,
county, and state governments) to provide Year 2000 solutions through their Y2K multiple -award
Procurement Solutions Program. This program is designed to provide local governments with a
reliable set of services and software tools for addressing Y2K problems in their communities.
The PTI Y2K Procurement Solution is a pre- screened services and software tools contract vehicle
that local governments can use to quickly procure the services and products required to address their
Y2K problems. As part of this program, four options are offered to the affected municipalities:
➢ Use of a Y2K contract vehicle including pre - qualified vendors and pricing
➢ Access to a pre - qualified vendor list for use with a local jurisdiction RFP
➢ Access to the PTI RFP /vendor list tailored to fit the needs of localities by adding local terms
and conditions
➢ Turnkey management of the entire Y2K procurement process.
AMS responded to a nationwide publicly advertised RFP issued by PTI, and passed a rigorous
review process, identical to the one utilized by many state and local governments in soliciting
information technology products and services.
In the following proposal we have provided cost - effective solutions that address the immediate
needs of The City of Palm Beach Gardens, as specified in our meeting of May 12th, 1999.
However, please be aware that at the conclusion of the tasks outlined in this document, The City of
Palm Beach Gardens will require that additional work be performed on both the nodes and servers
to achieve Y2K readiness.
PROJECT DESCRIPTION AND SCOPE OF WORK
AMS proposes to perform a two step approach to this engagement.
The first task will consist of an audit, utilizing our Net/2000 tool, of hardware, software, operating
systems, and utilities on all The City of Palm Beach Gardens desktops, laptops and servers. AMS
auditors will determine the compliance status of computer and server application software,
operating systems and utilities with recommendations for patch, upgrade or replacement, where
required.
Task two will comprise of a comprehensive hardware clock audit. Included are the BIOS, RTC,
and CMOS (system clock), as indicated in a previous document that was given to you on March
12th, 1999. Please refer to that document for an in -depth discussion concerning the AMS Scan Test
and Fix program. Based on the results of this audit, non - compliant computer and server BIOS's
will be identified and fixed either via a software (TSR) fix, or permanent BIOS hardware fix.
2
AMS PROFESSIONAL SERVICES AGREEMENT
AMS Technology Group Professional Services Agreement
This Agreement is made by and between AMS Technology Group, Corporation, Inc. ( "AMS "), a Florida corporation
having its principal place of business at 9900 West Sample Road, Suite 300, Coral Springs, FL 33065, and The City of
Palm Beach Gardens, (hereinafter referred to as "Client "), a municipality having its principal place of business at
1. DESCRIPTION OF SERVICES
A. AMS Technology Group, Corporation agrees to provide the services specified in the Statement of Work
dated May 11, 1999.
B. Client will designate a project leader who will be responsible and authorized to (i) make all decisions and
give all approvals.which AMS may need from Client, and (ii) provide AMS's personnel on a timely basis
with all information, data and support reasonably required for its performance under this Agreement.
Client will also make available appropriate personnel to work with AMS as AMS may reasonably require
during the course of its performance under this Agreement.
C. Client is responsible for the accuracy and completeness of all information it provides. If information is
incomplete or incorrect or if information is uncovered during the course of the engagement which could
not be reasonably anticipated by AMS, any work required to correct problems created by the use of such
incomplete or inaccurate information or any additional work required by the discovery of such
unanticipated information, shall be treated as a Client requested change to the scope of the work and
subject to the change order procedure.
D. The AMS Project Manager is responsible for logging and tracking issues for all parties. When the Project
Manager for any party deems it necessary, an issue may be escalated to the appropriate party's
management for resolution help. Each organization shall designate an escalation manager. For AMS, the
Project Manager, or individual assuming that role, is the primary contact for issue escalation. Each
escalation manager will actively assist in defming and influencing the resolution, and further escalate to
their management when/if executive assistance is required.
2. COMPENSATION AND PAYMENT TERMS
In consideration of the products provided and services performed pursuant to this Agreement, Client shall pay
AMS in accordance with the pricing set forth in the Pricing section of the proposal. Prices and charges
indicated are exclusive of all direct expenses, taxes, duties, fees, surcharges or similar charges applicable to the
services, for which Client shall also be responsible. The total cost for the consulting services and selected tools
is estimated at $27,863, exclusive of expenses. Client will be invoiced semi - monthly and at project completion.
Payment terms are Net 15 days. Payments not received by AMS by the date on which they are due, shall be
subject to a late payment charge of 1 -1/2% per month on the overdue amount until such balance is paid in full,
and AMS may discontinue performance under this Agreement in the event any payment is not received within
thirty (30) days of the date on which it is due.
10
3. TERM OF AGREEMENT/TERMINATION
A. This Agreement shall continue in effect for the period of time required for AMS to perform the Work and
for Client to complete payment therefor as specified in the Statement of Work.
B. Either party may terminate this Agreement, in whole or in part, at any time without cause upon thirty (30)
days written notice. If the Agreement is terminated by Client pursuant to this Section 113., AMS shall
have no further responsibility under the Agreement, and Client shall promptly pay AMS for (i) all work
performed, and incidental expenses incurred, up to the date of termination, plus (ii) any additional direct
costs (not to exceed 30 days) which AMS incurs as a result of such termination, including but not limited
to the costs of terminating purchase orders and other contractual obligations made by AMS to meet its
obligations under this Agreement.
C. In the event either party shall be in breach or default of any of the material terms or conditions of this
Agreement (including but not limited to such party becoming bankrupt or insolvent, suffering a receiver to
be appointed, or making an assignment for the benefit of creditors) and the defaulting party has not taken
steps to cure such breach or default within ten (10) days after the receipt of written notice from the non-
defaulting party, then in addition to all other rights and remedies at law, in equity or otherwise, the non-
defaulting party shall have the right to terninate this Agreement without further charge, obligation or
liability whatsoever to the non - defaulting party; provided, however, that if Client terminates the
Agreement pursuant to this Section 3.C., Client shall promptly pay AMS for (i) Work performed, and
incidental expenses incurred, up to the date of termination, plus (ii) any additional direct costs which AMS
incurs as a result of such termination, including but not limited to the costs of terminating purchase orders
and other contractual obligations made by AMS to meet its obligations under this Agreement.
D. Termination of this Agreement shall not relieve either party of its respective obligations to comply with all
the terms of this Agreement which expressly call for performance prior or subsequent to the termination
date, including without limitation the parties' respective obligations to protect proprietary Information.
4. CHANGES
Client shall have the right from time to time by written notice to propose changes in or additions to the
products and services to be provided under this Agreement and AMS shall comply, to the extent feasible, with
such change notices, which shall become part of this Agreement. Change requests that impact engagement
scope must be submitted in writing. No verbal agreement between persons involved in tlie engagement will be
binding on either AMS or the Client. If such changes cause an increase or decrease in the cost of or time
required for performance, the parties shall agree in writing to the revised price and delivery schedule before the
changes are initiated. AMS may also propose changes, and may proceed with them upon written approval by
Client.
It is the Client's responsibility to manage the impact that change requests have on the engagement price and
schedule. This includes the impact of performing the change request evaluation and the impact of change
request implementation.
5. PRODUCTS AND SERVICES ACQUIRED ON CLIENT'S BEHALF
A. AMS has the right, without Client's written approval, to acquire and charge Client for reasonable
quantities of supplies and miscellaneous materials to support or accomplish services provided under this
Agreement. limit
B. AMS Year 2000 Testing and Assessment Tools acquired by AMS Technology Group, Corp., on
behalf of Client, will be furnished by 2000TOOLS Group, Inc., an AMS Technology Group company,
which has outright or joint ownership, worldwide, North and South American, or US distribution rights to
those products. Other non -AMS Y2K tools may be acquired on behalf of the Client, at Client's, written
request, without warranty as to the performance, or suitability of those products.
11
6. PROPRIETARY INFORMATION
A. Non - Disclosure and Limitation of Use of Pronrietary Information. Each party to this Agreement shall
keep confidential and not use, copy or disclose, directly or indirectly, to any third party any Proprietary
Information, as defined in this Agreement, of the other party without the prior written consent of a duly
authorized officer of such party. Each party shall use the Proprietary Information solely in connection
with the performance of Services hereunder. All Proprietary Information of either party shall be and
remain the property of such party. Each party shall deliver to the other party upon completion of, or
sooner upon request, the Products provided and services hereunder, all Proprietary Information of such
other party then in its possession or control, directly or indirectly, in whatever form it may be (including,
without limitation, magnetic media). Each party shall take all necessary and reasonable action, by
instruction, agreement or otherwise, with its employees to satisfy its obligations hereunder with respect to
confidentiality, non - disclosure and limitation of use of Proprietary Information.
B. Each party's obligations under this Agreement with respect to confidentiality, non - disclosure and limitation
of use of Proprietary Information of the other party, or any similar information of a third party (as set forth
in this Agreement), shall survive termination of this Agreement.
C. Nothing in this Agreement shall prevent either party from using or disclosing any Proprietary Information
that has become generally available to the public, other than through any improper action of such party.
D. Pronrietary Information. For purposes of this Agreement, the term "Proprietary Information" shall include,
without limitation, all trade secrets of a party and all other information and material that relates or refers to
the plans, policies, finances, corporate developments, products, pricing, sales, services, procedures, intra-
corporate transactions, suppliers, prospects and customers of a party, as well as financial information
relating to such suppliers, prospects and customers, and any other similar confidentiality information and
material which such party does not make generally available to the public. By way of illustration, but not
limitation, Proprietary Information includes all computer software (including object code and source
code), computer software and data base technologies, systems, structures and architectures, and the
processes, formulae, compositions, improvements, inventions, discoveries, concepts, ideas, designs,
methods and information developed, acquired, owned, produced, or practiced at any time by a party, and
all information and material relating to the business of such party.
7. DEVELOPED INFORMATION
A. Excent as exnressly_ provided in this Agreement. and attached SOW, AMS will own all inventions, reports,
recommendations, analyses, computer programs, documentation and data developed and provided by
AMS under this Agreement.
8. WARRANTY
A. AMS warrants that it will perform services under this Agreement in a manner consistent with industry
standards reasonably applicable to the performance of such services.
B. AMS warrants that neither the products, processes, computer software, software modules, media,
documentation and other materials provided under this Agreement, nor their use by Client in the manner in
which they were intended to be used, will infringe any U.S. copyright, patent, trademark or other
proprietary right. Should any such items or their otherwise permissible use become, or in AMS's sole
judgment be likely to become, the subject of an infringement claim or suit, AMS may obtain for Client the
right to continue using such items or may replace or modify them to make them non - infringing in order to
resolve such claim or suit. If neither of these alternatives is reasonably available to AMS, AMS may
require Client to, and Client will, return and/or cease using such items, in which event Client may receive
credit as mutually agreed.
THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
12
9. LIMITATION OF LIABILITY/EXCLUSIVE REMEDY
A. AMS's entire liability and Client's exclusive remedy for damages which result from any products provided
and services performed by AMS under this Agreement, for any cause whatsoever, and regardless of the
form of action, whether in contract or in tort, including negligence, shall be as follows:
1. Damages shall be limited to money damages in an amount equal to the lesser of (a) actual direct
damages, or (b) the total cash amount paid by Client to AMS for products provided and services
performed under this Agreement.
2. In no event will AMS be liable for any damages caused by Client's failure to perform any of its
responsibilities, or for any lost profits, lost savings, loss of business opportunity or other special,
indirect, incidental or consequential damages, even if AMS has been advised of the possibility of
such damages.
B AMS will reimburse Client for any reasonable costs or expenses (including legal fees), which Client may
incur as a result of any claim or suit based on a violation of the warranty in Section 8B, above, provided
Client promptly notifies AMS in writing of any such suit or claim, cooperates fully with AMS in
defending or settling the claim or suit, and permits AMS to control the defense of any such claim or suit,
including the selection of attorneys.
C. Each party acknowledges and agrees that the other party's remedy at law for any breach under this
paragraph 6 would be inadequate and each party therefore agrees and consents that temporary and
permanent injunctive relief may be granted in any proceeding which may be brought to enforce the
provisions hereof, without having to plead or prove inadequate remedy at law or actual damages.
D. Neither AMS nor Client will be held to have failed to meet its obligations under this Agreement if it either
delays performance or fails to perform as the result of an act of God or other similar cause beyond its
reasonable control.
10. GENERAL PROVISIONS
A. Client agrees not to employ or solicit for employment, directly or indirectly, any of AMS's employees,
contractors, or agents, until at least six (6) months after this Agreement terminates.
B. This Agreement shall be binding upon the parties' respective successors and assigns. Client may not,
however, assign this Agreement or its obligations hereunder without the prior written consent of AMS.
C. If either party hereto waives or modifies any term or condition of this Agreement, such action will not
void, waive or change any other term or condition, nor will the waiver by one party of any default
hereunder by the other constitute the present or future waiver of any other default hereunder.
D. If any part of this Agreement, for any reason, is declared to be invalid, it shall be deemed omitted, and the,
remainder of this Agreement shall continue in effect as if the Agreement had been entered into without the
invalid portion.
E. Notices required or permitted under this Agreement shall be in writing, and sent via facsimile, email, or
hand - delivered by first class mail postpaid to the parties' respective addresses as follows:
AMS Technology Group: Client:
Jane M. Reiner, Principal
AMS Technology Groun. Corporation The Citv of Palm Beach Gardens
Coral Smines. FL 33065 Palm Beach Gardens. FL 33410
Notices shall be deemed to have been given as of the second business day following the date of mailing,
faxing, or email transmission.
13
F. This Agreement shall be governed by the laws of the State of Florida, as such laws are applied to contracts
between Florida residents, which are entered into, and to be performed entirely within Florida. Venue for
any litigation between the parties shall be proper only in Broward County, Florida.
G. This Agreement sets forth the full understanding between the parties and may only be changed in writing
signed by authorized representatives of each party.
H. Client shall not disclose to any third party any information relating to the existence, terms and conditions,
or making of this Agreement, or commercially or for advertising purposes use AMS's name or marks,
without AMS's prior written consent.
Each party, intending to be legally bound, has caused this Agreement to be executed by its authorized representative on
the date(s) indicated below, to be effective as of the date indicated in Section 3A, above.
Client:
By:
Name and Title
Date
AMS Technology Group, Corporation
IM
Name and Title
Date
14
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: 7/1/99
Date Prepared: 6/17/99
Subject/Agenda Item: Purchase of CAD, Record Mgt. (RMS), Mobile Data Computing and City
Wide Networking Telecommunications Solutions.
Recommendation/Motion: Staff recommends approval of Total Data Solutions' Proposal
by "piggybacking " the bid from the City of West Palm Beach
Reviewed by:
Originating Dept.: MIS/
Costs: $ 1,077,488.09
Council Action:
Police
Total
City Attorney
[ ] Approved
/
Finance kP l �
$
[ 1 Approved w/ conditions
Current FY
ACM (i%?
[ 1 Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachme9ts:
Other
Date:
[ ] Operating
Paper:
[ x ] Other
Total Data Solutions Proposal
BOND
IMPACT FUND
GENERALFUND
by: � 1 I�
[ x ] Not Required
De ent Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ ) Not required
BACKGROUND:
In preparation for the new Municipal Complex, we have planned for an upgraded and /or new
emergency operations equipment because of age the of existing hardware and software (over 10 years
old), and the lack of Y2K compatibility of the present software, for the Police Department. We have
also planned for implementation of a new network that allows for inter and intra building voice and
data communications for the entire complex.
The replacement of the 911 CAD and Records System for the Police Department became a critical
issue to the Department when it was determined that the existing systems were not Y2K compatible
last year. First, upgrades were pursued. The upgrades proposed for these systems were reviewed
closely and found to be technically unsound solutions. The applications upgrades had many design
flaws. The application software was not written from the "ground up" but was converted from older
programming code. No new functionally was added. For example, the City is planning to implement
a mobile data system. The Upgrade did not contain an integrated mobile data computing module.
Furthermore, the vendor had NO experience in the integration of the Mobile Data Computing System
with records management or 911 CAD.
Because of time constraints imposed by building construction and Y2K, time available for this project
is short. We have checked neighboring cities for any recent police software solution. We looked for
cities that have written Request for Proposals (RFP) or bought from state contracts in order for us
to piggyback from there efforts. Several cities were identified: The City of West Palm Beach, which
has published a recent RFP received 7 proposals, the low bid being Total Data Solutions. The City
of Riviera Beach is in the process of installing a new system from a piggyback from another city, they
picked Total Data Solution as their vendor and Bradford County who awarded to Total Data
Solutions after the RFP procurement process.
We contacted Total Data Solutions, Inc., (TDSI) after reviewing our needs and taking into
consideration new construction and constraints that coincide with Y2K problems that must be
resolved prior to the City moving to the new facilities, and Total Data Solutions company time lines,
they provided both a cost efficient and time line implementation that would meet our needs. They
provided a proposal that met the criteria for the police 911 CAD, Records, and solutions for our
mobile data network for police. Total Data Solutions, Inc. also provided a quote on the local area
network (LAN) below state contract pricing: State contract number 250- 040 -99 -1.
Total Data Solutions Inc. maintains relationships with all of the major hardware manufacturers of
servers, PC's, laptops, modems, vehicle mounting hardware, routers, hubs, etc. Those relationships
also allow it to sell much, if not all, of the solution directly from GSA Schedules, passing Government
pricing on to the end user as well as streamlining the procurement process. In many instances TDSI
can, through commercialization of the purchasing process sell to agencies below GSA or State
contract pricing levels, allowing the agency the flexibility of commercial or Government purchasing
programs.
Total Data Solutions proposal is $1,077,488.09. The amount funded is from the bond account
($696,846.53) the General Fund (18,613.80) and the Police Impact Fund ($362,027.76). Palm Beach
County will reimburse $35,000 of the expenditure for the Police system. Expenditures from the
Impact Fund are primarily for Mobile Data Computer and related items that add capacity needed to
serve new development for the Police Department to serve the citizens of Palm Beach Gardens.
The following chart shows a breakdown of expenditures by fund.
Impact Fund
Description
RECOMMENDATION:
Cost Description
3,596.68
11,711.82
18,696.24
120,542.76
8,575.00
22,819.00
112,144.80
16,500.00
20,389.96
17,791.60
5,167.90
4,092.00
362,027.76
Total Expendure 1,077,488.09
L'r
45,202.55
18,613.80
71,270.00
39,898.00
3,000.00
50,659.21
486,816.77
715,460.33
Staff is requesting that Council approve "piggybacking" from the West Palm Beach RFP and approve
the Total Data Solution proposal, which has an excellent scale of economy that has provided very low
pricing for City of Palm Beach Gardens. Staff recommends that Council accept the proposal from
Total Data Solutions in the amount of $1,077,488.09.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
JUNE 17, 1999
The J une 17, 1999, Regular Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 7:00
P.M. in the Council Chambers of the Municipal Complex located
at 10500 North Military Trail, Palm Beach Gardens, Florida; and
opened with the Pledge of Allegiance to the Flag.
ROLL CALL The City Clerk called the roll and the following elected officials
were found to be in attendance: Mayor Joseph R. Russo, Vice
Mayor Lauren Furtado, Councilman Eric Jablin, and Councilman
Carl Sabatello. Councilman David Clark arrived at 7:10 p.m.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
RE -ORDER AGENDA Vice Mayor Furtado made a motion to move Resolution 82, 1999
to be placed following presentation of Employee Service Awards.
Councilman Jablin seconded the motion, which carried by
unanimous 4 -0 vote.
PRESENTATIONS
Employee Service Awards Employees Cary Linderman, and Judy Fox were honored for their
years of service.
RESOLUTION
Resolution 82, 1999 City Attorney Carole Post explained the purpose of Resolution 82,
1999, Consideration of Approval of Interlocal Agreement for
Traffic Concurrency.
Councilman Jablin made a motion to approve Resolution 82, 1999.
Vice Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
PRESENTATION
Leo Noble, Education
Concurrency Leo Noble answered questions regarding the planning process,
.needed for new schools which he explained would plan for growth
as it happened and would focus capital dollars in growth areas.
Concern was expressed that a crisis situation existed within the City
CITY COUNCIL REGULAR MEETING, 6/17/99
2
with overcrowded middle schools and the recent sale of MacArthur
Foundation land would result in unprecedented growth in the very
near future. Mr. Noble explained that many schools were
overcrowded as a result of bussing, and that returning to
.neighborhood schools would balance the system. Mr. Noble
explained that concurrency would require capital dollars and
boundaries to be considered by new developments. Concern was
expressed that growth would happen before concurrency came into
existence, and Mr. Noble was requested to provide a projection to
help the City plan for schools in the City. Mr. Noble explained that
concurrency would be in place early next year. Growth
Management Director Roxanne Manning explained that staff would
furnish projected population figures from possible future
developments to the School Board planning staff so that they could
plan school facility spaces. Mayor Russo explained that the City
wished to work with Mr. Noble and the planners on this matter.
CITY MANAGER REPORT
Issues & Priorities The City Manager reported the SFWMD governing board would
consider a third outfall and that the County had supported the City's
Resolution on this matter. City Manager Herakovich announced
that a walk - through had been conducted for Riverside Drive and
Prosperity Oaks drainage projects and final punch lists prepared.
The City Manager reported progress on Lighthouse Drive drainage,
and that Idlewild Road drainage improvements had been started by
the County. City Manager Herakovich reported age ranges of
employees working alone evenings at recreational facilities were
from 17 to 50, and that a direct link of communication to the Police
Department would be investigated. The City Manager reported
legal counsel had determined that the City's interlocal agreements
with the schools adequately stated the City's non- discrimination
policy. City Manager Herakovich reported the School Board had
agreed to give the City $3,500 for training of a K -9 officer and dog
for bomb detection. The City Manager reported the Northern Palm
Beach Chamber of Commerce was donating framed prints of all
Ard Gras events for the new City Hall. The City Manager reported
the Neighborhood Advisory Group was in the process of identifying
ways of bringing together neighbors from different neighborhoods
to do a walk -a -thon to raise funds for a local charity and to do a
City history project.
MIS Expenditures for the
New Municipal Complex A report on management information systems was reviewed
CITY COUNCIL REGULAR MEETING, 6/17/99
3
regarding why an upgrade was needed, the effect on levels of
service provided to residents, and cost savings for the future. A
proposed system was discussed. Councilman Sabatello requested
a meeting with the MIS Director to further understand proposed
upgrades and their need.
Military Trail Irrigation The City Manager suggested the grant be returned which had been
received for Military Trail irrigation since it had been based on a
system which FDOT would not permit, to allow the City to submit
a grant based on the current system could be submitted. It was
expected that a second grant would be larger. Vice Mayor Furtado
suggested separating irrigation and landscaping in the grant and the
use of a ground cover that would look better than grass, requiring
less maintenance. The Vice Mayor recommended that in the future
medians either have irrigation already set up before landscaping or
that landscaping be irrigation -free xeriscape. Councilman Sabatello
stressed that Military Trail was a major artery and a plan for
landscaping should be developed to bring the landscaping up to the
level of other major roadways.
Audio/Visual Equipment A survey of the development community conducted by the Growth
Management Department indicated that the most advanced
technology which applicants would utilize would be Powerpoint
presentations. A Central Audio Visual representative answered
questions regarding the proposed system.
ITEMS BY MAYOR AND
COUNCIL
Vice Mayor Furtado
Councilman Jablin
Vice Mayor Furtado requested the new criteria required of
municipalities be considered in the budget process. The Vice
Mayor reported that the original neighborhood initiative task force
had resulted in an advisory board of members from all over the City
and requested that this board be recognized by the Council. Mayor
Russo requested that dates for neighborhood meetings be set by the
City Council to assure they could attend. The Vice Mayor reported
that Council members from other municipalities were .not aware of
proposed millennium celebration plans. Councilman Jablin stated
he would pursue this issue. Vice Mayor Furtado requested items
not be listed as issues & priorities unless totally complete and that
department heads get a copy of staff recommendations provided by
the City Manager to the City Council.
Councilman Jablin observed that Resolution 78, 1999 on the
CITY COUNCIL REGULAR MEETING, 6/17/99
4
Consent Agenda to support the Black Coalition of the City of
Riviera Beach regarding neighborhood schools had a great deal of
bearing on what had been discussed with Leo Noble earlier in the
meeting.
COMMENTS FROM THE
PUBLIC Marie Hornberger of BFI pointed out a potential problem because
bid specifications had been changed for the waste management
contract bid from the last contract, by including a price for roll -off
waste collection services. The City Manager reported that a
procedure was in place which would allow resolution of this issue.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The
motion was seconded by Vice Mayor Furtado, which carried by
unanimous 5 -0 vote. The following items were approved on the
Consent Agenda:
1. Approval of Minutes of City Council 6 /3/99 Regular Meeting.
2. Awarding of Bid for 911 System Upgrades.
3. Awarding of Bid for Head Sets for Fire - Rescue.
4. Resolution 66, 1999 - Consideration of Approval of Roly's
Outdoor Seating at Oakbrook Square Shopping Center.
5. Resolution 78, 1999 - Consideration of Approval to Support
the Black Coalition of the City of Riviera Beach re:
Neighborhood Schools. 1
6. Resolution 73, 1999 - Consideration of Approval of Plat of
BallenIsles Pod 6A.
7. Resolution 74, 1999 - Consideration of Approval of Plat of
BallenIsles Pod 24.
8. Resolution 81, 1999 - Consideration of Approval of
Economic Development Administration Grant
PUBLIC HEARINGS
Resolution 72, 1999 Mayor Russo declared the public hearing open, duly advertised
6/7/99 and held on the intent of Resolution 72, 1999 -
Consideration of Approval of a Sign Variance for Gardens Park
Plaza. There were no comments from the public.
Councilman Jablin made a motion to continue Resolution 72, 1999
to the 7/1/99 Regular Meeting of the City Council. Councilman
Clark seconded the motion. Motion carried by unanimous 5 -0 vote.
CITY COUNCIL REGULAR MEETING, 6/17/99 5
Ordinance 25, 1999 Mayor Russo declared the public hearing open, duly advertised
6/2/99 and held on the intent of Ordinance 25, 1999 - Providing for
Amendment to the Palm Beach Gardens Code of Ordinances by
Adding Sections 110 -1, Definitions, and Amending Sections 110 -3,
Section 110 -4, Section 110 -36, Section 110 -37, Section 110 -38, and
Section 110 -39; providing for Code Revisions to Allow for
Definitions, Maximum Flag Pole Height and Flag Area, Sign
Lighting Mechanism Restrictions, No.n- conforming Sign
Exemptions, Side Property Line Setback Exemptions, Clarification
of Height and Area Restrictions for Wall Signs, providing for
Maximum letter heights, and Transferring Responsibility for
Processing Sign Variance Applications from City Clerk to Growth
Management Department.. There being no comments from the
public, Mayor Russo declared the Public Hearing closed.
Vice Mayor Furtado made a motion to continue Ordinance 25, 1999
to the 7/1/99 Regular Meeting of the City Council. Councilman
Clark seconded the motion. Motion carried by unanimous 5 -0 vote.
Ordinance 26, 1999 Mayor Russo declared the public hearing open, duly advertised
6/2/99, and held on the intent of Ordinance 26, 1999 - Providing for
an Amendment to the Palm Beach Gardens Code of Ordinances by
Amending Article VIII, Nonconformities Section 118 -611, 118-
612, 118 -613, 118 -614, 118 -615, 118 -616; Providing for Code
Revisions to Allow for New Definitions; Providing for Criteria for
Normal Maintenance, Alteration or Expansion, Relocation, and
Drainage and Restoration of Non- Conforming Structures or
Buildings, Nonconforming Use of Premises or Structures and
Premises in Combination for Consideration of Second Reading and
Adoption. Hearing no comments from the public, Mayor Russo
declared the Public Hearing closed.
Councilman Clark moved that Ordinance 26, 1999 be placed on
Second Reading by title only and approved. Councilman Jablin
seconded the motion, which carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 26, 1999 on Second Reading by title
only.
Ordinance 27, 1999 Staff reviewed proposed amendments to the Comprehensive Plan.
Mayor Russo declared the public hearing open, duly advertised
6/2/99, and held on the intent of Ordinance 27, 1999 - Providing for
Amendments to the City's Comprehensive Plan, 99 -1 Round.
CITY COUNCIL REGULAR MEETING, 6/17/99 6
Dave McDowell, Senior Vice President of Graystone Development,
commented they were working to develop senior living facilities
within Palm Beach Gardens and provided information in support of
the amendment regarding assisted living facility /nursing home
density provisions. Dodi Glas of Urban Design Studio expressed
support for the proposed amendments. Hearing no further
comments from the public, Mayor Russo declared the Public
Hearing closed.
Councilman Clark moved that proposed amendments to the City's
Comprehensive Plan, 99 -1 Round, be transmitted to DCA for
review and comment. Vice Mayor Furtado seconded the motion,
which carried by unanimous 5 -0 vote.
Councilman Clark moved that Ordinance 27, 1999 be placed on
First Reading by title only. Councilman Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The City Clerk read
Ordinance 27, 1999 on First Reading by title only.
NOPC: Regional Center
DRI (Open Space) Mayor Russo declared the public hearing open, duly advertised
6/2/99, and held on the intent of a Notice of Proposed Change for
the Regional Center DRI (Open Space). Ed Oliver, representing
A &M Land Ventures, expressed concern that A &M might be
obligated to provide 6 acres of open space to satisfy the overall DRI
requirement for another property owner, MacArthur Center, which
would seriously restrict their ability to develop the balance of their
property; and further requested that when the development order
was considered that they be included in the process. Hearing no
further comments from the public, Mayor Russo declared the public
hearing closed.
Councilman Clark made a motion that the proposed change for the
Regional Center DRI (Open Space) did .not constitute a substantial
deviation to the DRI. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
NOPC: Regional Center
DRI (Use Conversion) Mayor Russo declared the public hearing open, duly advertised
6/2/99, and held on the intent of a Notice of Proposed Change for
the Regional Center DRI (Use Conversion). There were no
comments from the public.
CITY COUNCIL REGULAR MEETING, 6/17/99
7
Councilman Clark made a motion to continue the Public Hearing
to July 15, 1999 for the proposed change for the Regional Center
DRI (Use Conversion). Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
NOPC: Frenchman's Creek
DRI (Yacht Club) Councilman Clark made a motion that the Public Hearing for the
proposed change to the Frenchman's Creek DRI (Yacht Club) be
postponed indefinitely. Councilman Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
RESOLUTIONS
Resolution 69, 1999 Staff reported a $600 annual lease charge was required by FEC
Railroad for a lease agreement to allow landscape maintenance, and
requested authorization to proceed with the lease negotiations.
Staff was directed to attempt to .negotiate a long -term lease with
FEC for this project.
Councilman Clark made a motion to approve Resolution 69, 1999 -
Consideration of Approval of a Lease Agreement with FEC for
Landscape Maintenance. Vice Mayor Furtado seconded the motion.
Motion carried by unanimous 5 -0 vote.
ORDINANCES
Ordinance 22, 1999 Staff advised this was a workshop /consideration of First Reading
and reviewed the staff report for Ordinance 22, 1999 - Providing for
Amendment to the City's Code of Ordinances re: Automobile
Dealerships. Attorney Larry Smith, representing several
automobile dealerships, expressed his opinion that requiring a 6-
foot wall was saying .no to automobile dealerships, and that any
dealership making an application would request a waiver to the
wall. Attorney Smith requested that if there were .no wall along the
street that service doors face away from residential zones or the
street; suggested that DEP be consulted regarding wash facility
requirements; and discussed parking requirements. Attorney Smith
was requested to submit his suggestions to staff. City Council
members favored keeping the ordinance restrictivet
Councilman Clark made a motion to place Ordinance 22, 1999 on
First Reading by title only. Vice Mayor Furtado seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 22, 1999 on First Reading by title only.
CITY COUNCIL REGULAR MEETING, 6/17/99
0
Ordinance 23, 1999 Ordinance 23, 1999 - Providing for Approval of an Amendment to
Ordinance 20, 1997 to Provide for Minor Changes in the Elevations
and Floor Plan of Building A, B, and C in the Christ Fellowship
Church Planned Unit Development; Providing for Conditions of
Approval, was presented for consideration of First Reading. Ex-
parte communication was reported by Councilmembers, who stated
their decisions tonight would not be affected by those
communications. Alan Ciklin, representative for the petitioner,
Christ Fellowship Church, reported that changes since the last
meeting involved life safety requirements and mechanical room
location, and reviewed the square footages, occupancy, and
architectural changes. Architect Glen Pate reviewed changes on
the elevations. Staff recommended approval of Ordinance 23, 1999
with four conditions of approval.
Councilman Clark made a motion to place Ordinance 23, 1999 on
First Reading by title only. Vice Mayor Furtado seconded the
motion. Motion carried by unanimous 5 -0 vote. The City Clerk
read Ordinance 23, 1999 on First Reading by title only.
CITY ATTORNEY REPORT In the case City of Palm Beach Gardens v. General Accident, City
Attorney Carole Wallace Post recommended acceptance of a
$100,000 settlement offer for full and final settlement of this claim.
Vice Mayor Furtado made a motion to accept the settlement offer
in the case of City of Palm Beach Gardens v. General Accident.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS FOR DISCUSSION
City 40th Anniversary The date, invitations, and theme for the City's 40th
Anniversary celebration were discussed. The Recreation
Department was requested to provide alternatives for
consideration by the City Council. The Council suggested a
date in October be considered.
CITY COUNCIL REGULAR MEETING, 6/17/99 9
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the
meeting was adjourned at 10:15 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
LINDA KOSIER, CMC, CITY CLERK
PROCLAMATION
WHEREAS, the use of our parks and participation in recreation programs add more
balance to life, provide care of latch key children, increase communication skills, build self -
esteem, teach vital life skills, and provide safe places to play; and
WHEREAS, the benefits provided by parks and recreation serve to boost the
economy, enhance property values, attract new business, increase tourism, reduce crime,
diminish gang violence, and curb employee absenteeism; and
WHEREAS, the productive use of leisure builds family unity, strengthens
neighborhood involvement, offers opportunity for social interaction, creates a more educated
community, develops creativity, and promotes sensitivity to cultural diversity; and
WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy
nature, help maintain clean air and water, and preserve plant and animal wildlife; and
WHEREAS, recreational activities build strong bodies, reduce health care costs,
decrease insurance premiums, make people happier, and help residents live longer; and
WHEREAS, recreation, therapeutic recreation, and leisure education are essential to
the rehabilitation of individuals who have become ill or disabled or who have demonstrated
antisocial behavior; and
WHEREAS, July 1999 has been designated as Recreation and Parks Month, and July
11 -17, 1999, has been reserved as National Therapeutic Recreation Week by the National
Recreation and Park Association and the Florida Recreation and Park Association;
NOW, THEREFORE, BE IT RESOLVED, that I, Joseph R. Russo, Mayor of the City of
Palm Beach Gardens, do hereby declare the month of July, 1999 as
RECREATION AND PARKS MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Palm Beach Gardens, Florida, to be affixed, on this 1 st day of July in the Year of our Lord,
Nineteen Hundred and Ninety -Nine.
Mayor Joseph R. Russo
Attest:
Linda V. Kosier, City Clerk
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 25, 4999
Meeting Date: July 1, 1999
Subject/Agenda ttem: Approve Resolution 68, 1999 authorizing the Mayor to sign
agreement with Palm Beach County to accept funding in the amount of $50,222 to develop
the Lake Catherine passive park.
RecommendationlMotion. Consider a motion to approve Resolution 68, 1999-
Reviewer} by:
originating Dept:
Costs: $50,222
Councit Action:
Total
City Attorney
and Recreation
[ ] Approved
Finance K � �
$ —0-
[ ] Approved wt conditions
Current FY
[ ]Denied
ACM
Advertise! :
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ] Operating
Paper:
[ X Other- County's
1. Memo from Park and
District 1 Recreation
Recreation Director.
[ X 1 Not Required
Assistance Program
2. Copy of agreement
Submitted by. Sue�MUter
DepartmentDire��Al /.
'(/wry_
Affee-tedparfIPC
Budget Acct.#:: 01 -20M
1
[ ] Notified
519.6350
[ )None
Approved by:
City Manager
[ 1 Not required
BACKGROUND:
The City and the County had previously entered into an agreement to utilize funds from the
County's District 1 Recreation Assistance program to design and construct a restroom for Oaks
Park. Due to a variety of circumstances, this agreement was terminated on January 14, 1999.
This new 15 year agreement will allow the city to use the funding previously set aside to construct
the restroom to develop the Lake Catherine passive park.
RESOLUTION 68, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
AN AGREEMENT WITH PALM BEACH COUNTY TO
ACCEPT FUNDING TO DEVELOP THE LAKE CATHERINE
PASSIVE PARK; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens previously entered into an Agreement with
Palm Beach County for funding of the design and construction of a restroom building at Oaks
Park;
WHEREAS, the City of Palm Beach Gardens was unable to undertake the proposed
restroom project prior to the required completion date of January 14, 1999, as setforth in the
funding Agreement;
WHEREAS, the County and the City acknowledge that said Agreement has terminated;
WHEREAS, the City of Palm Beach Gardens has requested that the funding previously
allocated for the design and construction of the proposed restroom building at oaks Park be
reallocated for the development of a passive park located on MacArthur Boulevard in palm
Beach Gardens to be known as Lake Catherine Park;
WHEREAS, said park development is estimated to cost approximately $50,222;
WHEREAS, the City of Palm Beach Gardens has requested from the County an amount
not to exceed $50,222 for the purpose of funding Lake Catherine Park development to include a
pathway, sodding, and irrigation; and
WHEREAS, funding for this project in the amount of $50,222 is available from District 1
Recreation Assistance Program reserves funding that had been previously allocated to the oaks
Park restroom.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1, The City Council hereby approves an Agreement between the City and
Palm Beach County, attached hereto and made a part hereof, for the purpose of funding the Lake
Catherine Park development to include a pathway, sodding, and irrigation in an amount not to
exceed $50,222.
SECTION 2, The City Council hereby authorizes and directs the Mayor to execute said
Agreement.
RESOLUTION 68, 1999
PAGE 2 OF 2
SECTION 3, This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1999
ATTEST
LINDA V. KOSIER, CMC
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
JOSEPH R. RUSSO,MAYOR
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
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MEMO
PARKS AND RECREATION
TO: Bobbie Herakovich, City Manager
FROM: Sue Miller, Director, Parks & Recreation
DATE: May 25, 1999
RE: Agreement with County for developing Lake Catherine passive park
DISCUSSION:
Staff has met several times with the homeowners who live in the area surrounding Lake
Catherine, and during those meetings it was determined that the most feasible development of the
area would to be the installation of a walking pathway, an irrigation system and sod. This would
allow an upgrade to the park property without intruding on the homeowners.
As a result, staff contacted the county, which agreed to terminate the agreement for the
construction of the rest room facility at Oaks park, and transfer the county funding previously
allocated for the rest room project, to the development of the Lake Catherine property.
The agreement calls for the City to complete the project, and subsequent accounting data, within
eighteen months from the date of execution of the agreement. The County estimates that the City
would be reimbursed for the project within 45 days of receipt of a written statement stating the
project has been completed, along with the completed Contract Payment Request Form and a
Contractual Services Purchases Schedule Form.
Staff anticipates completing the project using a combination of in -house labor and outside
vendors. Staff will complete the construction of the pathway, and install the irrigation system,
while an outside vendor will be utilized to furnish and install the sod. The city will be responsible
for the maintenance and upkeep of the park when completed.
RECOMMENDATION:
Staff recommends that the Mayor sign the agreement, which would allow the County to utilize
funds from it's District 1 Recreation Assistance Program, to fund the development of the Lake
Catherine passive park.
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF
PALM BEACH GARDENS FOR THE DEVELOPMENT OF LAKE CATHERINE PARK
THIS AGREEMENT is made and entered into this day of
1999, by and between Palm Beach County, a political subdivision of the
State of Florida, hereinafter referred to as "County ", and the City of Palm Beach
Gardens, a Florida municipal corporation, hereinafter referred to as "Palm Beach
Gardens ".
WITNESSETH:
WHEREAS, Palm Beach Gardens previously entered into an Agreement with
County (R -97- 881 -D) in the amount of $50,222 for funding of the design and
construction of a restroom building at Oaks Park; and
WHEREAS, Palm Beach Gardens was unable to undertake the proposed
restroom project prior to the required completion date of January 14, 1999, as set
forth in the funding Agreement; and
WHEREAS, the County and Palm Beach Gardens acknowledge that R-97-881 -D
has terminated; and
WHEREAS, Palm Beach Gardens has requested that the funding previously
allocated for the design and construction of the proposed restroom building at Oaks
Park be reallocated for the development of a passive park located on MacArthur
Boulevard in Palm Beach Gardens to be known as Lake Catherine Park; and
and
WHEREAS, said park development is estimated to cost approximately $50,222;
WHEREAS, Palm Beach Gardens has requested from County an amount not to
exceed $50,222 for the purpose of funding Lake Catherine Park development to
include a pathway, sodding, and irrigation; and
WHEREAS, funding for this project in the amount of $50,222 is available from
District 1 Recreation Assistance Program reserves funding that had been previously
allocated to the Oaks Park restroom; and
1
WHEREAS, Lake Catherine Park shall be open to and benefit all residents of
Palm Beach County; and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained
herein, the parties hereby agree to the following terms and conditions:
1. Agreement R -97 -881 -D between the County and Palm Beach Gardens has
terminated as of January 14, 1999.
2. County agrees to fund an amount not to exceed $50,222 to Palm Beach
Gardens for the development of Lake Catherine Park to include a pathway, sodding,
and irrigation, hereinafter referred to as the "Project ".
3. County will use its best efforts to provide said funds to Palm Beach Gardens
on a reimbursement basis withiri' forty -five (45) days of receipt of the following
information:
a. A written statement that the Project has been completed; and
b. A Contract Payment Request Form and a Contractual Services
Purchases Schedule Form, attached hereto and made a part hereof as "Exhibit A ",
which are required for each and every reimbursement requested by Palm Beach
Gardens. Said information shall list each invoice as paid by Palm Beach Gardens and
shall include the vendor invoice number; invoice date; and the amount paid by Palm
Beach Gardens along with the number and date of the respective check for said
payment. Palm Beach Gardens shall attach a copy of each vendor invoice paid by
Palm Beach Gardens along with a copy of the respective check and shall make
reference thereof to the applicable item listed on the Contractual Services Purchases
Schedule Form. Further, Palm Beach Gardens' Project Administrator and Project
Financial Officer shall certify the total funds spent by Palm Beach Gardens on the
Project and shall also certify that each vendor invoice as listed on the Contractual
Services Purchases Schedule Form was paid by Palm Beach Gardens as indicated.
4. Palm Beach Gardens warrants that the Project depicted on "Exhibit B ",
attached hereto and made a part hereof, shall be open to the general public on a non-
2
discriminatory basis regardless of residency, race, color, religion, disability, sex, age,
national origin, ancestry, marital status, or sexual orientation.
5. Palm Beach Gardens shall complete the Project and provide accounting data
to County for same on or before eighteen (18) months from the date of execution of
this Agreement by the parties hereto. Upon written notification to County at least
thirty (30 ) days prior to that date, Paltn Beach Gardens may request an extension
beyond this period for the purpose of completing the Project. County shall not
unreasonably deny Palm Beach Gardens' request for said extension.
6. Palm Beach Gardens shall be responsible for all costs of operation and
maintenance of the Project.
7. The tern of this Agreement shall be for fifteen (15) years commencing upon
the date of execution by the parties hereto.
8. To tine extent permitted by law, Palm Beach Gardens shall indemnify and
hold County harmless from and against any and all loss, suit, action, legal or
administrative proceeding, claim, demand, damage, liability, interest, attorney's fee,
cost and /or expense of whatsoever kind or nature arising 16 any manner directly or
Indirectly related to Palm Beach Gardens' performance of this Agreement. However,
Palm Beach Gardens does riot indemnify the County from and against any loss, suit,
action, legal or administrative proceeding, claim, demand, damage, liability, interest,
attorney's fee, cost and /or expense due to the County's negligence or willful
misconduct. Tile liability limits set forth in Section 768.28, Florida Statutes shall not
be waived.
9. Prior to execution of. this Agreement by the County, Palm Beach Gardens
shall provide either a certificate evidencing insurance coverages as required herein or
a statement of self insurance from Palm Beach Gardens' Risk Manager. Palm Beach
Gardens shall, during the term of this Agreement and any extension hereof, maintain
In full force and effect self Insured or commercial general liability Insurance, including
contractual liability and completed operations liability, In the amounts specified in
3
Section 768.28, Florida Statutes, to specifically cover all exposures associated with
the Project and terms and conditions of this Agreement. Where permissible with
respect to the above coverages, such policy shall include Palm Beach County as
additional insured and shall contain a clause providing the County with at least thirty
(30) days prior notice in the event of cancellation, non - renewal, or material adverse
change in coverage. Compliance with the foregoing requirements shall not relieve
Palm Beach Gardens of its liability and obligations under this Agreement.
10. The parties may pursue any and all actions available under law to enforce
this Agreement including, but not limited to, actions arising from the breach of any
provision set forth herein.
11. This Agreement shall be governed by the laws of the State of Florida, and
any and all legal action necessary to enforce this Agreement shall be held in Palm
Beach County. In the event any action, suit, or proceeding is commenced with respect
to interpretation or enforcement of this Agreement, the prevailing party shall be
entitled to recover all costs, expenses and fees, including, without limitation,
reasonable attorneys' fees incurred by such party in connection therewith.
12. Any notice given pursuant to the terms of this Agreement shall be in
writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the
following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to the Town of Palm Beach Gardens:
Director /Parks and Recreation
4404 Burns Road
Palm Beach Gardens, Florida 33410
4
IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on
the date first above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
By:
Deputy Clerk
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By.
County Attorney
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Chair
CITY OF PALM BEACH GARDENS, BY ITS
CITY COUNCIL
By:
Mayor
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
(Project)
Grantee Request Date
Billing # Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cummulative
Item This Billing Project Costs
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
Administrator /Date
PBC USE ONLY
County Funding Participation
Total Project Cost
Total project costs to date
County obligation to date
County retainage (_ %)
County funds previously disbursed
County funds due this billing
EXHIBIT Al
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to suppo
the project expenses reported above and is avail
able for audit upon request.
Financial Officer /Date
( l
Reviewed and Approved by:
PBC Project Administrator /Date
Department Director /Date
1 OF 2
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 06/25/99
Subject/Agenda Item
Resolution 84, 1999 - Providing for issuance of $3.7 million in general obligation bonds
Recommendation /Motion:
Staff recommends approval of Resolution 84, 1999, authorizing the issuance of bonds.
Reviewed by:
Originating Dept.:
Costs: $ 22,815
Council Action:
City Attorney r ' P
Total
Finance
[ ] Approved
//��
Finance kko
$,22,815
[ ] Approved w/ conditions
Current FY
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ] Operating
Paper:
[ x ] Other Bond Proceeds
Memorandum
Submitted by:
[X ] Not Required
Kent R. Olson
Department Director
Affected parties
[ ] Notified
Budget Acct. #::
[ ] None
Approved by:
City Manager
[ X ] Not required
TO
FROM
SUBJECT
DATE
MEMORANDUM
Bobbie Herakovich, City Manager
Kent R. Olson, Finance Director /M
Resolution 84, 1999 - 1999 Bond Issue
June 25, 1999
The City's last series of bonds for the Municipal Complex are scheduled to be
issued during the month of July. Resolution 84, 1999 provides the specific authorization
to sell $3.7 million in bonds dated July 1, 1999, and is virtually identical to resolutions
the City passed prior to issuing bonds in 1996, 1997 and 1998. In order to avoid a
second resolution approving the bids that night or to change the sale date due to a
disruption in the financial markets, the resolution authorizes the City Manager to set the
sale date and approve the low bidder. The low bidder will be determined by the lowest
true interest cost bid as calculated by our financial advisor, Dunlap and Associates.
Mark Raymond, the City's bond counsel, will be at the July 1 Regular Council
Meeting to answer any questions regarding Resolution 84, 1999.
RECOMMENDATION
I recommend the City adopt Resolution 84, 1999 in order to proceed with issuing
$3.7 million in bonds.
RESOLUTION , 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF
THE CITY'S $3,700,000 AGGREGATE PRINCIPAL AMOUNT
GENERAL OBLIGATION BONDS, SERIES 1999; ESTABLISHING OR
PROVIDING FOR THE ESTABLISHMENT OF THE DATE, INTEREST
RATES, INTEREST PAYMENT DATES, PROVISIONS FOR
REDEMPTION AND MATURITY SCHEDULES OF SAID SERIES 1999
BONDS; APPROVING THE FORM OF A PRELIMINARY OFFICIAL
STATEMENT, NOTICE OF SALE, BID FORM AND SUMMARY
NOTICE OF SALE WITH RESPECT TO SAID SERIES 1999 BONDS;
DELEGATING TO THE CITY MANAGER THE ABILITY TO
DETERMINE THE BID DATE WITH RESPECT TO SUCH BONDS
AND TO AWARD THE SALE THEREOF TO THE LOWEST BIDDER
BASED ON BIDS SUBMITTED AT PUBLIC SALE AND TO
DETERMINE THE TERMS OF SUCH SALE; AUTHORIZING
OFFICIALS TO TAKE ACTIONS AND EXECUTE DOCUMENTS IN
CONNECTION WITH THE ISSUANCE OF SAID SERIES 1999
BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT
TO SAID BONDS; AND PROVIDING AN EFFECTIVE DATE FOR
THIS RESOLUTION.
WHEREAS, on November 21, 1996, the City Council (the "Governing Body ") of the City
of Palm Beach Gardens, Florida (the "Issuer ") adopted Resolution 166, 1996 (the "Bond
Resolution ") authorizing the issuance of not to exceed $19,100,000 aggregate principal amount of
General Obligation Bonds of the Issuer for the purpose of providing funds for the financing of the
cost of the Project (as defined in the Bond Resolution); and
WHEREAS, the Issuer has determined to issue bonds under Section 6 of the Bond
Resolution in the principal amount of $3,700,000 (the "Series 1999 Bonds ") as further provided
herein; and
WHEREAS, the Governing Body wishes to authorize the issuance of the Series 1999 Bonds
as provided herein; and
WHEREAS, the Governing Body wishes to approve the form of the Official Notice of Sale
(which includes the bid form) and the Summary Notice of Sale with respect to the Series 1999
Bonds, draft forms of which are attached hereto as Exhibits "A" and "B," respectively and made
a part hereof; and
WHEREAS, the Summary Notice of Sale is to be published pursuant to the requirements
of law and the Official Notice of Sale is to be provided to all parties expressing an interest for the
purchase of the Series 1999 Bonds; and
WHEREAS, the Governing Body wishes to delegate to the City Manager the ability to
determine the bid date with respect to the Series 1999 Bonds and, to award the sale thereof to the
lowest conforming bidder; and
WHEREAS, the Governing Body wishes to approve the form of a Preliminary Official
Statement regarding the Series 1999 Bonds, a draft form of which is attached hereto as Exhibit "C"
(the "Preliminary Official Statement ") and to authorize the execution and delivery of a final official
statement;
.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Authoritv for this Resolution. This Resolution is adopted pursuant to the
provisions of the Act (as defined in the Bond Resolution) and the Bond Resolution.
Section 2. Definitions. All terms defined in the Bond Resolution shall have the same
meanings herein.
Section 3. Findings. It is hereby declared that it is in the best interest of the Issuer to
provide for the sale by competitive bid of the Series 1999 Bonds, dated July 1, 1999, maturing,
bearing interest and subject to optional and mandatory redemption as set forth in the Official
Notice of Sale, the Summary Notice of Sale, the bid proposal of the lowest bidder (the
"Purchaser ") and in the Preliminary Official Statement. The City Manager is hereby authorized,
in light of market conditions and in order to minimize the Issuer's interest costs, to determine the
bid date giving appropriate weight to the advice of the Issuer's financial advisor as to the most
advantageous date for such sale, to award the sale of the Series 1999 Bonds in the aggregate
principal amount of $3,700,000 to the bidder submitting the lowest conforming bid, to return the
good faith checks of all unsuccessful bidders and to cash and deposit into a special account, with
right of investment and with interest accruing to the benefit of the Issuer, the good faith check of
the successful bidder, provided, however, that the true interest cost rate of the Series 1999 Bonds
shall not exceed 6.50%.
Prior to the sale of the Series 1999 Bonds, the Purchaser will provide the Issuer with a
disclosure statement containing any information required by Section 281.385(6), Florida Statutes.
The bid form included in the Official Notice of Sale shall include a truth in bonding statement
pursuant to Section 218.385, Florida Statutes.
The reasonably anticipated amount of tax - exempt obligations which will be issued by the
Issuer during 1999 does not exceed $10,000,000. There are no entities that issue obligations on
6A
behalf of the Issuer. The Issuer hereby designates the Series 1999 Bonds as "qualified tax - exempt
obligations" within the meaning of Section 265(b)(3) of the Code.
Section 4. Terms of the Series 1999 Bonds. The Series 1999 Bonds shall be issued in the
principal amount of $3,700,000, and shall be dated July 1, 1999. The Series 1999 Bonds shall
bear interest from their date, payable semi - annually on the first day of July and the first day of
January of each year, commencing January 1, 2000, at the rates shown on, and shall mature in
accordance with, the maturity schedule set forth in the Purchaser's bid proposal. The Series 1999
Bonds shall be subject to optional and mandatory redemption provisions as shall be provided in
the Official Notice of Sale and Final Official Statement. Designation of term Series 1999 Bonds
may be made by the successful bidder in its bid pursuant to the terms of the Official Notice of
Sale.
Section 5. Official Notice of Sale, Summary Notice of Sale, Official Statement. The
Governing Body hereby approves the form and content of the draft Official Notice of Sale (which
includes the bid form), Summary Notice of Sale and Preliminary Official Statement (without
appendices) attached hereto as Exhibits A, B and C, respectively, subject to such modifications,
amendments, changes and filling in of blanks therein as shall be authorized by the City Manager
or her designee, and authorizes the use of the Preliminary Official Statement by the Purchaser in
accordance with the intended purposes thereof. The Governing Body hereby deems the
Preliminary Official Statement final as of its date for purposes of Securities and Exchange
Commission Rule 15c2 -12, except for permitted omissions allowed under such rule. The Mayor
or Vice - Mayor, the City Manager and the Finance Director, or any of them, are hereby authorized
to execute and deliver, on behalf of the Issuer, the final Official Statement relating to the Series
1999 Bonds with such changes from the Preliminary Official Statement as they may approve, such
execution to be conclusive evidence of such approval.
Section 6. Annlication of Proceeds. The proceeds from the sale of the Series 1999 Bonds
shall be received by the Issuer and applied to the payment of the cost of the Project, including
interest accruing on the Series 1999 Bonds, and prior to expenditure may be invested in such
manner as permitted by the laws of the State of Florida.
Section 7. Execution and Delivery of the Series 1999 Bonds. The Mayor or Vice -Mayor
and Clerk or Deputy Clerk are hereby authorized and directed on behalf of the Issuer to execute
the Series 1999 Bonds as provided in the Bond Resolution and herein, and such officials are
hereby authorized and directed upon the execution of the Series 1999 Bonds to deliver the Series
1999 Bonds in the amount authorized to be issued hereunder to the Bond Registrar for
authentication and delivery to or upon the order of the Purchaser upon payment of the purchase
price therefor.
Section 8. Paying Agent and Bond Registrar. The Clerk shall serve as Paying Agent and
Bond Registrar for the Series 1999 Bonds.
-3-
Section 9. Continuing Disclosure Compliance. The Issuer hereby covenants and agrees
that, so long as any of the Series 1999 Bonds remain outstanding, it will provide, in a manner
consistent with Rule 15c2 -12 of the Securities and Exchange Commission (the "Rule ") (a) to each
nationally recognized municipal securities information repository ( "NRMSIR ") and to the
appropriate depository designated by the State of Florida ( "SID ") if any, (i) on or before one year
after each fiscal year financial information and operating data of the Issuer for the preceding fiscal
year of the type included in the Official Statement, and, (ii) if not submitted as part of the annual
financial information pursuant to (i) above, then, when and if available, audited financial
statements of the Issuer prepared in accordance with generally accepted accounting principles; (b)
in a timely manner, to each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "),
and to the appropriate SID, if any, written notice of the occurrence of any of the following events
with respect to the Series 1999 Bonds, if material: (i) principal and interest payment
delinquencies; (ii) non - payment related defaults; (iii) unscheduled draws on debt service reserves
reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial
difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse
tax opinions or events affecting the tax - exempt status of the security; (vii) modifications to rights
of security holders; (viii) bond calls other than mandatory sinking fund redemptions of term bonds;
(ix) defeasances; (x) release, substitution, or sale of property securing the repayment of the
securities; (xi) rating changes; (xii) any change in the fiscal year of the Issuer; and (c) in a timely
manner, to each NRMSIR or the MSRB, and to the appropriate SID, if any, written notice of a
failure of the Issuer to provide the annual financial information described in (a)(i) above, on or
before the date specified above, and (d) any other information required to be disclosed to any
person to whom it is required to be disclosed by the Rule.
The Issuer also covenants to promptly provide a copy of the above information to the
Underwriter(s). The Issuer shall provide such informationto any requesting owner of the Series
1999 Bonds and any requesting beneficial owner of the Series 1999 Bonds held in street -name or
in a nominee capacity (the "Beneficial Owners "), provided that the Issuer shall be entitled to
charge such requesting owner or Beneficial Owner an amount sufficient to reimburse itself for
costs incurred for copying and shipping such information.
The foregoing covenants shall run to the benefit of the Purchaser, the owners and the
Beneficial Owners. However, failure to. meet the covenants set forth in this Section 9 shall not
be deemed to constitute an event of default or a breach of any other covenant under this
Resolution, and the sole remedy for such a default or breach shall be as described in the next
paragraph.
The owner of any Series 1999 Bond or any Beneficial Owner may either at law or in
equity, by suit, action, mandamus or other proceeding in any court or competent jurisdiction,
protect and enforce any and all rights granted or contained in this Section 9 and may enforce and
compel the performance of all duties required hereby to be performed by the Issuer or by any
officers thereof. Notwithstanding the foregoing, the enforcement of the covenants contemplated
hereby shall not affect the validity or enforceability of the Series 1999 Bonds.
-4-
Notwithstanding any other provision of this Resolution, this Section 9 may be amended
only as follows: (a) the amendment may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law, or change in the
identity, nature or status of the Issuer or the type of business conducted by the Issuer; (b) the
provisions of this Section 9, as amended, would have ,complied with the requirements of the Rule
as in effect as of the date of issuance of the Series 1999 Bonds, after taking into account any
amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the
amendment does not materially impair the interest of the owners and /or Beneficial Owners as
determined by an opinion of nationally recognized bond counsel delivered to the Issuer, or by
approving vote of the owners or Beneficial Owners of at least a majority of the outstanding
principal amount of the Series 1999 Bonds at the time of the amendment. In the event of any
amendment hereto, the annual financial information provided subsequent to such amendment shall
explain, in narrative form, the reasons for the amendment and the impact of the change in the type
of operating data or financial information being provided by the Issuer. If the amendment affects
the accounting principles to be followed in preparing financial statements of the Issuer, the annual
financial information for the year in which the change is made must present a comparison between
the financial statements or information prepared on the basis of the new accounting principles and
those prepared on the basis of the former accounting principles. The comparison must include a
qualitative discussion of the differences in the accounting principles and the impact of the change
in the accounting principles on the presentation of the financial information, in order to provide
information to investors to enable them to evaluate the ability of the Issuer to meet its obligations.
To the extent reasonably feasible, the comparison should also be quantitative. A notice of the
change in the accounting principles must be sent to each NRMSIR or the MSRB and the
appropriate SID, if any.
Section 10. Authorizations. The members of the Governing Body, the City Clerk, any
Deputy City Clerk, the City Manager, the Assistant City Manager, the Finance Director and the
Assistant Finance Director are hereby jointly and severally authorized to do any and all acts and
things required of them by this Resolution, the Bond Resolution or desirable or consistent with the
requirements hereof or thereof, for the full, punctual and complete performance of all terms,
covenants and agreements contained in the Series 1999 Bonds, the Bond Resolution and this
Resolution. Any and all of the foregoing are hereby authorized to execute, publish, file and record
such. other. documents, instruments, notices and records and to take such other actions as shall be
necessary or desirable to accomplish the purposes of this Resolution and the Bond Resolution.
Section 11. Book -Entry System. The Mayor and the Paying Agent are authorized and
directed to execute a Letter of Representations in the form attached hereto as Exhibit D and the
Issuer, the Bond Registrar and the Paying Agent are authorized and directed to comply with the
provisions thereof.
Section 12. Resolution to Constitute a Contract. In consideration of the purchase and
acceptance of the Series 1999 Bonds authorized to be issued hereunder by those who shall be the
Bondholders from time to time, this Resolution shall constitute a contract between the Issuer and
-5-
such Bondholders, and all covenants and agreements herein set forth to be performed by the Issuer
shall be for the equal benefit and security of all of the Bondholders.
Section 13. No Implied Beneficiary. With the exception of any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Series
1999 Bonds is intended or shall be construed to give any person other than the Issuer, the Paying
Agent and the Bondholders any legal or equitable right, remedy or claim under or with respect to
this Resolution, or any covenants, conditions, or provisions herein contained; this Resolution and
all of the covenants, conditions and provisions hereof being intended to be and being for the sole
and exclusive benefit of the Issuer, the Paying Agent or the Bondholders.
Section 14. Severabilit_y. If any provision of this Resolution shall be held or deemed to
be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not
affect any other provision herein or render any other provision (or such provision in any other
context) invalid, inoperative or unenforceable to any extent whatsoever.
Section 15. Repealer. All resolutions or parts thereof of the Issuer in conflict with the
provisions herein contained are, to the extent of any such conflict, hereby superseded and
repealed.
Section 16. Effective Date. This Resolution shall be effective immediately upon its
adoption.
[Signatures appear on Page 7.]
0
INTRODUCED, PASSED AND ADOPTED this 1st day of July, 1999.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE: AYE
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
G: \16299 \6 \Series 1999 Reso.wpd —%—
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
NAY ABSENT
EXHIBIT "A"
Official Notice of Sale
EXHIBIT "B"
Summary Notice of Sale
G: \16299 \6 \Series 1999 Reso.wpd
EXHIBIT "C"
Preliminary Official Statement
G: \16299 \6 \Series 1999 Reso.wpd
-x ,: :f
- ..
OmilAlftg "I
Letter of Representations
G: \16299 \6 \Series 1999 Reso.wpd
■ K
BOOK- E�TRY-O \LY ;Nfi \ICIP.AL BONDS
Letter of Representations
[To be Completed by !suer and Agent]
[Name of Issuer]
[Name of Agent]
Attention: Underwriting Department
The Depository Trost Company
55 Water Street; 50th Floor
New York, NY 10041 -0099
Re:
[Issue Description]
Ladies and Gentlemen:
This letter sets forth our understanding with respect to cer tin matters relating to the
above - referenced issue ( the " Bonds"). Agent will act as trustee, paying agent, fiscal agent, or other
agent of issuer with respect to the Bonds. The Bonds will be issued pursuant to a trust indenture,
bond resolution, or other such document authorizing the issuance of the Bonds dated
, 199_ (the "Document"). .
'J
is distributing istributing the Bonds through The Depository Trust Company ("DTC (v").
To induce DTC to accept the Bonds as eligible for deposit at DTC, and to act in accordance
with its Rules with respect to the Bonds, Issuer and Agent, if any, make the following
representations to DTC:
1. Prior to closing on the Bonds on ,199 —, there shall be deposited -w- ul
DTC one Bond certificate registered in the name of DTC's nominee, Cede & Co., for each stated
maturity of the Bonds in the face amounts set forth on Schedule A hereto, the total of which
represents 100% of the principal amount of such Bonds. I& however, the aggregate principal
amount of any maturity exoeeds $200 million, one certificate will be issued with respect to en h
$200 milhon of principal amount and an additional certificate will be issued with respect to any
remaining principal amount Each Bond certificate thl'n bear the foIlowing legend
CL
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation (-DTC-), to Issuer or its agent for registration of trances;
exwnge, or payment, and any certificate issued is registered in the na*ne of Cede & Co. or in
such other name as is requested by an authorized representative of DTC (and any payment is
made to Cede & Co. orto such other entity as is requested by an authorized representative of
DTC), ANY TRANSFER, PTYDGE, OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inn-zmuch as the registered
owner hereof Cede & Co., has an interest herein_
2. In the event of any solidiation of consents from or voting by holders of the Bonds, Issuer or
Agent g6Ti establkh a record date for such purposes (with no provision for revocation of consents or
votes by subsequent holders) and chail to the extent possible, send notice of such record date to
DTC not less than 15 calendar days in advance of sucb record date.
3. In the event of a fun or partial redemption or an advance refunding of part of the ours anding
Bonds, Issuer or Agent shall send a notice to DTC specifying: (a) the amount of the redemption or
refvnding;- (b) in the case of a refimd;ng, the maturity date(s) established under the refimdino, and
(c) tTie slate such notice is to be mailAd to beneficial owners or published (the `Publication Date").
Such notice shall be sent to DTC by a secure means (e g., legible telecopy, registered or certified
mail, overnight delivery) in a timely r_nanner designed to assure that such notice is in DTC's
possession no later than the close of business on the business day before the Publication Date.
Issuer or Agent chnll forward such notice either in a separate secure transmission for each CUSIP
number or in a secure trans>m-m9on for multiple CUSIP numbers (if applicable) which includes a
*nanffest or list of each CUSIP submitted in that transmission. (The party sending such notice shall
have a method to verify subsequently the use of such means and the tirrwlinPec of such notice.) The
Publication Date shall be not less than 30 days nor more than 60 days prior to the redemption date
or, in the rase of an advance refuncling, the date +hat the proceeds are deposited in escrow.
4. In the event of an imitation to tender the Bonds, notice by Issuer or Agent to Bondholders
specifying the terms of the tender and the Publication Date of such notice s611 be sent to DTC by a
segue means'in the manner set forth in the precet4ing Paragraph.
5. All notices and payment advices sent to DTC cha11 contain the CUSIP mmnber of the Bonds.
6. Notices to DTC purs»nt to Paragraph 2 by telecopy shall be sent to DTC's Reorganon
Depari cent at (212) 709 -6896 or (212) 709 -6897, and receipt of such notices shall be
confirmed by telephoning (212) 709 -6870. Notices to DTC pursmint to Paragraph 2 by mail or by
any other means shall be sent to:
Supervisor, Proxy
Reorgani"fion Departuent
The Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004 -2695
7. Notices to DTC purstiant to Paragraph 3 by telecopy shall be sent to DTC's Call Notification
Department at (516) 227 -4164 or ( 516) 227 -4190. If the party sending the notice does not receive a
telecopy receipt from DTC confirming that the notice has been received, such party shall telephone
(516) 2274070. Notices to DTC pursuant to Paragraph 3 by *nail_ or by any other means shall be
sent to:
Call Notifimniion Department
The Depository Trust Company
711 Stewart Avenue
Garden City, NY 11530 -4719
-2-
S. Notices to DTC pursuant to Paragraph 4 and notices of other actions (including
mandatory tenders, exchanges, and capital changes) by telecopy shall be sent to DTC's
Reorgani "*ion Department at (212) 709 -1093 or (212) 709 -1094, and receipt of such notices
shall be confirmed by telephoning (212) 709 -6884. Notices to DTC pursmant to the above by
mail or by any other means shall be sent to:
Manager, Reorgani "+ion Depac ...ent
Reorganization Wndow
The Depository Trust Company
7 Hanover Square; 23rd Floor
New York, NY 10004 -2695
9. Agent must provide DTC, no later than noon (Eastern Time) on the payment date,
CUSIP numbers for each issue for which payment is being sent, as well as the dollar amount of
the payment for each issue. Notification of payment detaik should be sent using automated
communications.
10. Interest payments and principal payments that are part of periodic principal- and - interest
payments shall be received by Cede & Co., as nominee of DTC, or its registered assigns in
same -day fiords no later than 2:30 p.m. (Eastern Time) on each payment date (in accordance
with existing arrangements between Issuer or Agent and DTC). Absent any other arrangements
between Issuer or Agent and DTC, such funds cha11 be wired as follows:
' : • 1 1111
Issuer or Agent shall provide interest payment information to a standard announcement
service subscribed to by DTC. In the unlikely event that no such service exists, Issuer agrees
that it or Agent shall provide this information direa� to DTC in advance of the interest record
date as soon as the information is available. This information should be conveyed directly to
DTC elecU nically. If eleL;;l,nic t'fancmiceion is not availalhle, absent any other arrangements
between Issuer or Agent and DTC, such information should be sent by telecopy to DTC's
Dividend Department at (212) 709 -1723 or (212) 709 -1686, and receipt of such notices -''611 be
conf+rmed by telephoning (212) 709 -1270. Notices to DTC pursuant to the above by mail or by
any other means shall be sent to:
Manager, Announcements
Dividend Department
The Depository Trust Company
7 Hanover Square; 22nd Floor
New York, NY 10004 -2695
11. DTC shall receive maturity and redemption payments allocated with respect to each
CUSIP number on the payable date in same -day fiords by 2:30 p.m. (Eastern Time). Absent any
other arrangements between Issuer or Agent and DTC, such funds sha11 be wired as follows:
'_• ..•.•� •�• �. 1.• 1 1•
12. DTC shall receive all reorgani "tion payments and CUSIP -level detail resulting from
corporate actions (such as tender offers, remarketings, or mergers) on the first payable date in
same-day funds by 2:30 p.m. (Eastern Time). Absent any other arrangements between Issuer or
Agent and DTC, such ftmds shall be wired as follows:
The Chase Manhattan Bank
ABA 021000021
For credit to A/C The Depository Trust Company
Reor'gani7AHon Account 066- 027608
13. DTC may direct Issuer or Agent to use any other telephone number or address as the
number or address to which notices or payments of interest or principal may be sent
14. In the event of a redemption, acceleration, or any other similar transaction (e.g., tender
made and accepted in response to Issuer's or Agent's invitation) nesting a reduction in the
aggregate principal amount of Bonds outstanding or an advance refimding of part of the Bonds
outstanding, DTC, in its discretion: (a) may request issuer or Agent to issue and authenticate a new
Bond certificate, or (b) *nay make an appropriate notation on the Bond certificate indirnting the
date and amount of such reduction in principal except in the case of final maturity, in which case
the certificate will be presented to Issuer or Agent prior to payment if required.
15. In the event that Issuer determines +hat beneficial owners of Bonds shall be able to obtain
certificated Bonds, Issuer or Agent shall notify DTC of the availability of Bond certifirtntes. In such
event; Issuer or Agent shall issue, transfer; and exAnnge Bond certificates in approprt_pt? amounts,
as required by DTC and others.
16. DTC may discontinue pncrvid*'_ng its services as securities depository with respect to the
Bonds at any time by giving reasonable notice to Issuer or Agent (at which time DTC wiII oontirm
with Issuer or Agent the aggregate principal amount of Bonds outstanding). Under such
cimim- ztances, at DTC's request Issuer and Agent sha11 cooperate fully with DTC by taking
appropriate action to make av?ilalle one or more separate certifimt?K evidencing Bonds to any
DTC Participant having Bonds credited to its DTC accounts.
17. Issuer. (a) understands that DTC hac no obligation to, and will not; commnnicate to its
Participants or to any person having an interest in the Bonds any mforffL-4hon cont2mod in the Bond
certificate(s); and (b) acknowledges that neither DTC's Participants nor any person having an
interest in the Bonds cball be deemed to have notice of the provisions of the Bond certificate(s) by
virtue of submission of such certif (s) to DTC.
18. Nothing herein shall be deemed to require Agent to advance fiords on behalf of Issuer.
QP
-4-
Notes:
A. If there is an Agent (as defined in this Letter of
Repsese s), Agent, as wen as Lsst= mrlsts�. this
? If these is no m a' this Lerner miw
itself rmdmtal= to pedaam an of-t3)e -ohhd t�-- set
B. Under Rules of the Municipal Securities Rulemalaag
Board dealermstable� thedate� noticeofa
partialcaEorofanadvance ofa
p'Rkbo —d partofanissueis
(the -?'n r HCM VI oclahi'ie}xr * of
is p6h4m ?P+ date is � in Paragraph 3 of the
C. Schedule B u„., t. statements tbaf DTC believes
' describe DTr, the method of dfecdM book-
entry transiaes of seanities distabuted 'uu and
Received and Accepted:
THE DEPOSITORY TRUST COMPANY
By.
(Authorized OMrer)
cc: Unde ';IE.
U-'s Counsel
Very truly yours,
By.
(Authorised Office s Signal tu)
(Ate)
By.
(Authorimd Officer's Sutras)
SC= pFnULF A
r
CUSIP Principal Amount Maturity Date Intent Rate
S('TrF>nUr F B
SAMPT •F: OMC,AL STAMMNT LANGUAGE
DESCRIBING BOOK-ENTRY-ONLY ISSUANCE
(Prepared by DTC— bracketed rnntp.nal *nny be applinnble only to c ertai- issues)
1. The Depository Trust Company ("DTC "), New York, NY, will act as securities depository for the
securities (the "Securities "). The Securities will be issued as fully- registered securities registered in the name
of Cede & Co. (DTC's partnership nominee). One fully- registered Security certificate will be issued for [each
issue of] the Securities, [each] in the aggregate principal amount of such issue, and will be deposited with
DTC. [If, however, the aggregate principal amount of [any] issue exceeds $200 -million, one certificate will be
issued with respect to each $200 million of principal amount and an additional certificate will be issued with
respect to any remaining principal amount of such issue.]
2. DTC is a liTnited purpose trust company orgnni7 -ed under the New York Banking Law, a "banking
orgariion" within the meaning'of the New York Banking Law, a member of the Federal Reserve System, a
'clearing corporation" within the meaning of the New York Uniform Commermial Code, and. a "clearing
agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC
holds securities that its participants ("Participants ") deposit with DTC. DTC also facilitates the settlement
among Participants of securities transactions, such as transfers and pledges, in deposited securities through
elevuunic computerized book -entry changes in Participants' accounts, thereby eliminating the need for
physical movement of securities certi& : � . Direct Participants include securities brokers and dealers, banks,
trust companies, clearing corporations, and Certain other organi7_ations. DTC is owned by a number of its
Direct Participants and by the New York Stock ExA range, Inc., the Amerman Stock Exchange, Inc., and the
National Asso —lion of Securities Dealers, Inc. Ac_�c to the DTC system is also available to others such as
securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial
relation zbi_p with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The Rules
applicable to DTC and its Participants are on file with the Securities and Exchange Commission.
3. Purrlhn-es of Securities under the DTC system must be mane by or through Direct Participants, which
will receive a credit for the Securities on DTC's records. The ownership interest of each actual purnhaser of
each Security ('Beneficial Owner ") is in turn to be recorded on the Direct and Indirect Participiauts' records.
Beneficial Owners will not receive written confirmation from DTC of their purrh?-ze, but Beneficial Owners
are expected to receive written confirmations providing details of the trAnsaction, as well as periodic
statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of vwuership interests in the Securities are to be accomplitbed by
entries made on the books of Participants a,;uug on behalf of Beneficial Owners. Benefie+al Owners will not
receive certificates representing their ownership interests in Securities, except in the event that use of the
book -entry system for the Securities is discontinued.
4. To facilitate subsequent transfers, all Securities deposited by Participants with DTC are registered in the
name of DTC's partnership nominee, Cede & Co. The deposit of Securities with DTC and their registration in
the name of Cede & Co. effect no change in beneficial'ownership. DTC has no knowledge of the actual
Beneficial Owners of the Securities; DTC's records reflect only the identity of the Direct Participants to whose
accounts such Securities are credited, which may or may not be the Benefimnl Owners. The Participants will
remain responsible for keeping aunt of their holdings on behalf of their customers.
5. Conveyance of notices and other co*nTnunin;rtions by DTC to Direct Participants, by Direct Participants
to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be
governed by arrangements among them, subject to any statutory or regulatory requirements as may be in
effect from time to time.
-i-
m
m
m
i,
d
[6. Redemption notices -shall be sent to Cede & Co. If less than all of the Securities wi+bin an issue are
being redeemed, DTC's practice is to determine by lot the amount of the interest of ent-i, Direct participant in
such issue to be redeemed.]
7. Neither DTC nor Cede & Co. will consent or vote with respect to Securities. Under its usual procedures,
DTC mails an Omnibus Proxy to Issuer as soon as poqlz+hle after the record date. The O*nnihus rLw�y assigns
Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Securities are
credited on the record date (identified in a libti►ug atmr -bed to the Omnibus Proxy).
S. Principal and interest payments on the Securities will be made to DTC. DTC's practice is to credit Direct
Participants' accounts on payable date in accordance with their respective holding shown on DTC's records
unless DTC has reason to believe that it will not receive payment on payable date. Payments by Participants to
Benefi,-ial Owners will be governed by standing instructions and customary practices, as is the case with
securities held for the accounts of customers in bearer form or registered in "street name," and will be the
responsibility of such Participant and not of DTC, Agent, or Issuer, subject to any statutory or regulatory
requirements as may be in effect from time to time. Payment of principal and interest to DTC is the
responsibility of Issuer or Agent, disbursement of such payments to Direct Participants shall be the
responsibility of DTC, and disbursement of such payments to the Benefical Owners shall be the responsibility
of Direct and Indirect Participants.
[9. A. Benefl -21 Owner shall give notice to elect to have its Securities purrlhn-zed or tendered, through its
Participant, to [Tender/Rem— keting] Agent, and -zbn11 effect delivery of such Securities by r-„R*g the Direct
Participant to.txansfer the Participant's interest in the Securities, on DTC's records, to [Tender/RemarksUg]
Agent. The requirement for physical delivery of Securities in connection with an optional tender or a
mandatory pur ft!te will be deemed satisfied when the ownership rights in the Securities are transferred by
Direct Participants on DTC's records and followed by a book -entry credit of tendered Securities to
[Tender/Rerm,T1wting] Agent's DTC account]
10. DTC may discontinue providing its services as securities depository with respect to the Securities at any
"e by giving reasonable notice to Issuer or Agent. Under such circ,, m-,tances, in the event A%t a sucx_p-sor
securities depository is not obtained, Security certificates are required to be printed and delivered.
11. Issuer may decide to discontinue use of the system of book -entry transfers through DTC (or a suer
sectuues depository). In that event, Security certifies will be printed and delivered.
12. The inform.-4flon in this section concerning DTC and DTC's book -entry system has been obtained from
sources that Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof.
-Ii-
ccP 09 197 09 :27AM ANB CORPORATE TRUST P.2
DTC FAST AMPR
n$ach such certificate shall remain in the Custodian's custody
subject to the provisions of the FAST Balance Certificate Agreement
currently in affect between the custodian and DTC - FAST
Agreement ".
1
'
1
i
i
RESOLUTION 85, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
A PROPOSAL, ATTACHED AS EXHMIT "A ", FOR AN
ENGINEERING STUDY FOR A STORMWATER UTILITY
PROGRAM; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to conduct a
study for imposition of user charges to fund stormwater management services and capital
projects within the City;
WHEREAS, the City's objective is to develop plans and strategies to provide the
financial resources to properly treat and control stormwater runoff in the City;
WHEREAS, the City has retained Lindahl, Browning, Ferrari & Hellstrom, Inc., as its
engineer;
WHEREAS, a consultant team that is well - qualified and experienced in developing
financial strategies and funding sources for stormwater management programs and capital
projects for local governments has been assembled by Lindahl, Browning, Ferrari & Hellstrom,
Inc., and is comprised of Lindahl, Browning, Ferrari & Hellstrom, Inc., Government Services
Group, Inc., and nabors, Giblin and Nickerson, P.,A.; and
WHEREAS, the Consultant Team shall furnish specialized professional services that are
not otherwise currently available to the City from City Staff,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1, The City Council hereby authorizes and approves an agreement with
Lindahl, Browning, Ferrari & Hellstrom, Inc., to conduct an engineering study for a stormwater
utility program, as attached hereto and made a part hereof.
SECTION Z, The City Council hereby approves expending no more than $99,945.00 for
total compensation for said study.
SECTION 3, This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1999
RESOLUTION 85, 1999
PAGE 2 OF 2
ATTEST
LINDA V. KOSIER, CMC
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
JOSEPH R. RUSSO,MAYOR
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
RM 0—
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
June 24, 1999
Ms. Bobbie Herakovich
City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Subject: City of Palm Beach Gardens
Stormwater Utility Program Project Work Authorization
Dear Ms. Herakovich:
Attached to this letter are three work authorizations for Lindahl, Browning, Ferrari & Hellstrom,
Inc. to undertake the formation of the City's stormwater utility as we discussed.
We have incorporated the changes discussed with you and staff both on Monday and Tuesday of
this week. Please note that Appendix B has two new charts to depict the work schedule and the
cash flow as requested.
We are pleased to be providing you these signed agreements. If you have any questions, please
give me a call at 684 -3375.
Very truly yours,
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
Daniel P. Clark, P. E.
Branch Manager
DPC /dw
Enclosures
cc: Len Lindahl, LBFH, Inc.
Karen Brandon, LBFH, Inc.
File 99 -4062
2090 PALM BEACH LAKES BOULEVARD, SUITE 600 • WEST PALM BEACH, FLORIDA 33409 • (561) 684 -3375 • FAX: (561) 689 -8531
http: / /www.lbfh.com • e -mail: westpalm @lbfh.com
PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE
PAW- 40621L062499. doe
WORK AUTHORIZATION for
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to explore
the possibility of imposing a user charge to fund stormwater management services and
capital projects within the City; and
WHEREAS, the City's objective is to develop plans and strategies to provide the
financial resources to properly treat and control. stormwater runoff in Palm Beach Gardens;
and
WHEREAS, the City has retained LINDAHL, BROWNING, FERRARI &
HELLSTROM, INC. as its engineer; and
WHEREAS, a consultant team (the "CONSULTANT TEAM ") that is well qualified
and experienced in developing financial strategies and funding sources for stormwater
management programs and capital projects for local governments has been assembled by
LBFH, Inc. and is comprised of LBFH, Government Services Group, Inc. ( "GSG ") and
Nabors, Giblin and Nickerson, P.A. ( "NG &N ") for this project; and
WHEREAS, the CONSULTANT TEAM shall furnish specialized professional
services that are not otherwise currently available to the City from City staff.
NOW, THEREFORE, it is agreed as follows:
1. General Description of Services.
THE CONSULTANT TEAM, shall, in conjunction with the general direction of the office of
the City Manager, provide the professional services described in the Scope of Services
attached hereto as Appendix A in order to assist the City in developing plans and
strategies to provide resources for stormwater management and a stormwater capital
improvement program.
The work to be performed will be divided into two Phases. Phase 1 will focus on the
development of a stormwater financial plan. The Phase 1 focus includes:
• Review existing materials,
• Articulate the City's stormwater goals, issues, and priorities
• Facilitate workshops to define existing stormwater program components and future
stormwater program needs,
• Assist in stormwater program budget analysis,
• Identify benefit area(s);
• Collect certain stormwater data;
• Facilitate the choice of a funding technique through a comparison of relative benefits
and deficiencies, and
• Attend meetings and presentations to provide City staff and elected officials with facts
and findings that will assist them in making informed decisions on key stormwater
P: \99- 4062 \pbgswfmal.doc Page 1 06/24/99
funding decisions.
Phase 2 will implement the proposed stormwater financial plan. The Phase 2 focus will
include:
• Develop a program billing system;
• Finalize data base and validate data; '
• Prepare preliminary and final roll/bill accounts listing,
• Draft legal documents (ordinance and rate resolution) to support and authorize the
apportionment methodology (fee or assessment); and
• Facilitate public hearings and organize public information campaigns;
• Perform statutory requirements for tax bill collection (e.g., mail first class notices), if
applicable.
2. Deliverables.
Phase 1 deliverables include:
• Phase 11999 (Calendar Year) Stormwater Financial Plan
• Phase I Presentation of Plan to Staff and Elected Officials, as required
Phase 2 deliverables include:
• Final rates
• Database management and billing system
• Roll or billing accounts file
• Public information materials
• Archive document
3. Compensation
Compensation for this work shall be on a lump sum basis with the total fees for Phases 1
and 2 not to exceed $99,945. The budget for Phase 1 efforts has been established at
$57,205. The budget for Phase 2 efforts has been established at $42,740. LBFH, Inc.
shall invoice the City on a monthly basis for the percentage of work that has been
completed on the project. Any specific allocations of manhours referenced in this
document shall be recorded and invoiced as a separate billing item.
The City may elect to ask for certain additional services such as those identified in
Appendix A but not included in the Phase 1 or Phase 2 efforts. These will be performed
on a time and expenses basis per the agreement already in place with the City.
4. Schedule.
The Consultant Team would like to make the point that each of the tasks associated with
the imposition of an assessment, should the City so elect, are highly time sensitive; failure
to meet relevant statutory deadlines will result in an insufficient data base for billing
purposes, thereby precluding the imposition of the assessment under the Uniform
Collection Method for that fiscal year. Currently, we anticipate the need to meet two
P: \99- 4062 \pbgswfinal.doc Page 2 06/24/99
statutory deadlines; the first will be January 1, 2000 and the second will be September 15,
2000. Exhibit B includes a chart of the expected expenditures associated with meeting
these deadlines.
IN WITNESS WHEREOF, the parties hereto t
authorized officials, executed this Work A orization,
LIND H B HIV
By:
ATTEST:
City Clerk
JE n riart E: LTndg
hairman of the
through their proper and duly
day :ROM. ne, 1999.
R" INC.
/40
P.E.
6ard'
CITY OF PALM BEACH GARDENS, a municipal
corporation of the State of Florida
By:
City Manager
P: \99- 4062 \pbgswfmal.doc Page 3 06/23/99
APPENDIX A
SCOPE OF SERVICES
SCOPE OF SERVICES
CITY OF PALM BEACH GARDENS
STORMWATER FINANCIAL PLAN
PHASE I — DEVELOPMENT OF A STORMWATER FINANCIAL PLAN
Phase I Focus:
• Review existing materials;
• Articulate the City's stormwater goals, issues, and priorities;
• Facilitate workshops to define existing stormwater program components and
future stormwater program needs;
• Assist in stormwater program budget analysis;
• Identity benefit area(s);
• Collect certain stormwater data;
• Facilitate the choice of a funding technique through a comparison of relative
benefits and deficiencies; and
• Attend meetings and presentations to provide City staff and elected officials with
facts and findings that will assist them in making informed decisions on key
stormwater funding decisions.
Phase I Deliverables:
Phase 11999 (Calendar Year) Stormwater Financial Plan
Phase I Presentation of Plan to Staff and Elected Officials, as required
Task 1 -1 Review Existing Plans and Other Resources
THE CONSULTANT TEAM will review relevant materials made available by the City
concerning the City's current stormwater management program and changes to the
program it may contemplate. At a minimum, the City will timely provide as relevant one
copy of 1) the current, adopted budget; 2) the annual financial report; 3) the most recent
bond prospectus; 4) the stormwater element of the adopted Comprehensive Plan; 5) all
ordinances and land development codes pertinent to the management of stormwater; 6)
the City's MS4 permit; 7) any stormwater management studies completed within the last
five years and 8) the most recent cost allocation study.
Task 1 -2 Develop a Stormwater Financial Plan
THE CONSULTANT TEAM will facilitate, through a series of work sessions with City staff,
the development of a Stormwater Financial Plan based on critical decisions made by City
staff and elected officials. THE CONSULTANT TEAM will present key issues and facilitate
the decision making process.
The Stormwater Financial Plan will include a thorough review of revenue needs as
identified by work sessions with staff. A user charge based rate structure will be developed
based on a recommended apportionment methodology. The proposed apportionment
methodology will define how the benefit area is delineated and how the base billing unit is
P: \99- 4062 \pbgswHnal.doc A -1 06/24/99
established. It will carefully examine overlapping stormwater management services, if any,
that might be provided by the South Florida Water Management District or the Northern
Palm Beach County Improvement District within City limits. It will carefully review
ramifications for the rate structure and apportionment of services provided by large
homeowner associations such as PGA. It will also address the ability to fund both capital
and operations requirements.
The Stormwater Financial Plan will include a discussion of the advantages and
disadvantages of collecting the stormwater service charge on an existing City utility bill or
the use of the ad valorem tax bill as an alternative. The use of stormwater utility fees will
be presented and will include the database issues that are pertinent to the billing and
collection process of a utility fee. The apportionment methodology will address the role of,
and discuss the applicable legal restrictions with respect to, exemptions. It will include a
credit and adjustment policy developed by THE CONSULTANT TEAM to meet specific
stormwater characteristics of the City. The formal presentation of the Stormwater Financial
Plan to the City will be performed in Task 1 -9. Initial presentation of the Stormwater
Financial Plan as a review draft and according to the schedule in Appendix B will be made
in 6 copies to the City.
Task 1 -3: Identify Utility Billing Database Requirements
The CONSULTANT TEAM will develop a data schematic that matches the requirements
of the rate model. The CONSULTANT TEAM will determine which land information
variables on the appropriate Palm Beach County Property Appraiser's database are
available for and relevant to stormwater fee collection. The CONSULTANT TEAM will also
identify information that is not on the Property Appraiser's records but which is important
to structuring a legally defensible and equitable stormwater management program, and will
assess its attainability from other sources. Following research of available data and the
validation of the same, the CONSULTANT TEAM will identify any additional resources
needed to develop a reliable count of billing units. The relative accuracy and cost
effectiveness of various relevant data collection strategies will be presented to staff for
consideration.
Task 1-4: Determine Actual Base Billing Units
The CONSULTANT TEAM will calculate the base equivalent stormwater unit (ESU) value.
The City will provide field measurement where required unless otherwise provided for
through the "Additional Services" provisions of this Scope.
Task 1 -5: Generate Preliminary Billing Data
THE CONSULTANT TEAM will develop a billing data base from Property Appraisal records
and other data that the City may provide and that is available in a timely manner, in electronic
form, and in a format accessible to THE CONSULTANT TEAM's programmers. This scope
provides for up to 90 hours for the performing of data collection tasks, including, but not
limited to field measurement, field research, and verification of, parcel data needed for
database population. The magnitude of this data collection effort will be dependent on the
quality of data available in the Property Appraiser records and the amount of data collected
by City staff. Provisions for such support are outlined in the "Additional Services" portion
P: \99- 4062 \pbgswfmal.doc A-2 06/24/99
of this Scope.
THE CONSULTANT TEAM will provide advice on the creation of any sampling frame,
should sampling be necessary, and will run the statistical analysis for each, sample. THE
CONSULTANT TEAM will specify the record layout for collection and data input purposes
and will assist in the development of all work sheets and input screen forms as necessary.
A summary discussion of the tasks which must be undertaken by the City and which are
necessary to the development of an accurate and sufficient data base is found on page A -6
of this Scope.
Task 1 -6: Review and Analyze Alternative Sources of Revenue
Alternative sources of revenue to fund the proposed stormwater program budget will be
analyzed and presented to City staff and elected officials. Revenue sources will include,
but not be limited to, user fees, impact fees, ad valorem taxes, infrastructure surcharge
(sales) tax, and special assessments. Collection and enforcement options for special
assessments will be reviewed. Potential grant and loan sources will be identified, reviewed
and listed. Revenue projections based on a variety of rates, budget scenarios and long-
term financing programs will be presented.
Task 1 -7: Develop Proforma Rates
THE CONSULTANT TEAM will provide the City with proforma rates, based on data
collected through the execution of Task 1 -5. Proforma rates will be determined by dividing
the number of billing units in the City into up to four program budget scenarios developed
in Tasks 1 -2 and 1 -6.
Task 1 -8: Complete Phase I Report
This task includes the documentation of all previous activities in the development phase.
It will include presentation of both the final draft of the Stormwater Financial Plan and Pro
Forma rates. The Stormwater Financial Plan is intended to be an evolutionary document;
it will be modified as relevant during the execution of all tasks subsequent to Task 1 -2. The
presentation of the final report will be made in 10 copies to staff and elected officials.
Task 1 -9: Attend Meetings and Make Presentations
The CONSULTANT TEAM will meet with a designated staff steering team in the
development of all components of Phase I. These meetings should include appropriate City
staff. The CONSULTANT TEAM will present recommendations and findings to the City
Council. It is anticipated that up to five meetings will be required in Phase I with a typical
Consultant attendance of two or three persons per meeting.
P: \99 -4062 \pbgswfinal.doc A-3 06/24/99
PHASE II — IMPLEMENTATION OF UTILITY
Phase I I Focus: Successful implementation of the proposed Stormwater Financial Plan,
including:
• Develop a program billing system;
• Finalize data base and validate data;
• Prepare preliminary and final roll /bill accounts listing;
• Draft legal documents (ordinance and rate resolution) to support and authorize
the apportionment methodology (fee or assessment); and
• Facilitate public hearings and organize public information campaigns;
• Perform statutory requirements for tax bill collection (e.g., may first class
notices), if applicable.
Phase II Deliverables:
• Final rates
• Database management and billing system
• Roll or billing accounts file
• Public information materials
• Archive document
Task 2 -1: Program Billing System
The CONSULTANT TEAM will finalize a billing calculation system for a stormwater user -
based charge (fee or assessment as determined in Phase 1). The billing system will be
designed to operate in a stand -alone PC environment using, at a minimum, a Pentium 200
MHz processor, running under Windows 95. The billing system will use Property
Appraiser's records and other data to be provided in a timely manner, in a commonly used
electronic format as determined with the mutual consent of the City. The CONSULTANT
TEAM will develop all billing algorithms necessary to execute the apportionment method
to generate the fees for each billable parcel. The CONSULTANT TEAM will test the
data -to- algorithm interface and make adjustments as necessary.
Task 2 -2 Refine Billing Data
The CONSULTANT TEAM will make adjustments to billing records based on additional
data provided from new field work, updated property appraisal records and submission of
relevant data from property owners. Additional field work will be executed through the
additional services provisions of this contract at the discretion of the City.
Task 2 -3: Develop Final Rates
Using the rate structure, data and billing system developed in previous tasks in this phase,
the CONSULTANT TEAM will generate final rates for consideration by the City Council.
The rates are expected to be presented in several scenarios for strategic consideration by
City officials. The rates will be presented in context with the programmatic structure
developed in Task 1 with specific capital project and /or service budgets identified.
Task 2-4: Draft Final Ordinance and Rate Resolutions
THE CONSULTANT TEAM will prepare all legal documents that are necessary to
implement the selected methodology, including the authorizing ordinance and rate
P: \99- 4062 \pbgswfmal.doc A-4 06/24/99
resolutions to collect the charge on the utility bill or tax bill collection method, as
appropriate.
Task 2 -5: Generate Preliminary and Final Billing File
Should the City elect to impose a fee -type service charge, THE CONSULTANT TEAM will
generate a billing file in an ASCII format for incorporation into the billing system of the
City's choice, as appropriate.
If the City elects an assessment approach, THE CONSULTANT TEAM will generate a
preliminary non -ad valorem assessment roll and a final non -ad valorem assessment roll
that is consistent with statutory and other legal requirements. This roll will be in an
electronic format compatible with the Palm Beach County Tax Collector's requirements.
Task 2 -6: Assist in the Preparation of a Public Information Strategy'
The CONSULTANT TEAM will work with City staff to develop a public information
campaign to effectively present the basic purposes and goals of the proposed City
Stormwater Financial Plan. The strategy will identify target audiences, content and
structure for an information campaign. The comparative uses of a variety of public
information methods will be discussed.
Task 2 -7: Prepare Public Information Brochure
The CONSULTANT TEAM will create the text, graphics and layout for an 8.5 x 14" tri -fold
brochure appropriate for mailing to parcel owners in the City. The brochure will explain the
purpose and goals of the City's Stormwater Financial Plan.
Task 2 -8: Attend Meetings and Make Presentations
The CONSULTANT TEAM will meet with a designated staff steering team in the
development of all components of Phase II. These meetings should include appropriate
City and CONSULTANT TEAM staff. The CONSULTANT TEAM will present
recommendations and findings to the City Council and attend required public hearings. It
is anticipated that up to six meetings will be required in Phase II with an average
Consultant attendance of two persons per meeting.
Task 2 -9: Assist Start-Up of the Stormwater Financial Plan
THE CONSULTANT TEAM will assist in the actual start-up of the Stormwater Financial
Plan by providing on -call technical assistance up to a 33 hours. Support includes assisting
in addressing site specific issues at the direction of staff, application of the billing program
to specific cases, and such general support as the City may request within the limits of the
negotiated limit. Delivery of an archived document will occur at the end of Task 2 -9.
P: \99 -4062 \pbgswfinal. doc A -5 06/24/99
II ADDITIONAL SERVICES
Generation of Data ,
How much field measurement will be necessary to generate a valid billing file will not be
generally known until the completion of Task 1 -3. Field measurement personnel resources
may be acquired through contract employment services if City staff is not available. If the
City prefers, THE CONSULTANT TEAM will provide all field data generation and validation
services above the 90 hours included in the base lump sum fee on an hourly cost basis;
such services provided are termed "additional services" for purposes of this
Contract. All such additional services will be provided as requested in writing and will be
billed on a time and expenses basis using the rates in the Master Agreement between
LBFH, Inc. and the City.
THE CONSULTANT TEAM will do all it can to minimize the need for City resources to be
used in this project. However, some level of effort will be necessary. We anticipate, at a
minimum, that the following data must be collected, validated and verified:
1. Impervious Area The amount of impervious area on each parcel in the service
area must be collected and accurately entered into the billing data base. Note that
while the Property Appraiser's data is a good starting point for many classes of
parcels, most appraisal systems do not have adequate information to estimate
impervious area for such uses as condominium complexes (residential and non-
residential), mobile home parks and government owned parcels. These must
typically be field measured. Likewise, it is not uncommon to list the "footprint" of a
single - family residence, but not the associated driveway. A sample of perhaps 50
to 100 driveways will need to be field measured should the Palm Beach County
Property Appraiser not list the square footage of paved driveways. In some
counties, the size of parking areas are not recorded on appraisal data.
2. Mitigated Facilities A list of all parcel numbers associated with privately
maintained, on -site stormwater mitigation facilities and the year in which those
facilities were put in place must be generated.
3. Benefit Area Parcel List A list of all parcels by parcel number which are inside the
service benefit area and each improvement benefit area must be generated. This
is typically best handled through application of GIS based, polygon overlay
techniques using the cadastral (tax parcel) layer of the City or Property Appraiser's
GIS efforts. In this case, the City will need to digitize each benefit area boundary on
a coverage that is "registered" with the cadastral layer.
In addition, depending on the nature of the Property Appraisal data, various rate classes
may require sampling to establish the relative billing units for each class. This involves
drawing samples of parcels by rate class and field measuring the impervious area
associated with the sample. THE CONSULTANT TEAM will provide advice on the creation
P: \99- 4062 \pbgswfinal.doc A -6 06/24/99
of the sampling frame, and will run the statistical analysis for each sample.
THE CONSULTANT TEAM will specify the record layout for collection and data input
purposes and will assist in the development of all work sheets and input screen forms as
necessary.
While THE CONSULTANT TEAM will handle the actual interfacing of the initial data file to
the billing system, we recommend that the City generate and maintain all data it collects
in Microsoft Access. Access to and familiarity with CAD products such as AutoCAD or
MicroStation could be useful.
Mailing of Notices, Bills
The costs of producing, stuffing and mailing of any assessment bill or required first class
notices, or fee based bill shall be considered outside the Scope of Services. THE
CONSULTANT TEAM would be pleased to develop a separate work order to provide for this
support should the City require such services.
Maintenance of database
At the City's direction, THE CONSULTANT TEAM would be pleased to prepare a scope
of services to provide for ongoing maintenance of the billing data base and to prepare the
annual role, should the City elect to impose a special assessment.
Phone Banking
The City may want to consider establishing a phone bank of some four or five phones for
perhaps three to four weeks at the time the initial notices go out to address questions raised
by the public. Additional calls may be expected when tax bills are mailed in November or
when initial bills are mailed. THE CONSULTANT TEAM would be pleased to develop a
separate work order to provide for this support should the City require such services.
P:\99-4062\pbgswfmaI.doc A -7 06/24/99
APPENDIX B
EXPENDITURE SCHEDULE
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CL a
WORK AUTHORIZATION for
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to explore
the possibility of imposing a user charge to fund stormwater management services and
capital projects within the City; and
WHEREAS, the City's objective is to develop plans and strategies to provide the
financial resources to properly treat and control stormwater runoff in Palm Beach Gardens;
and
WHEREAS, the City has retained LINDAHL, BROWNING, FERRARI &
HELLSTROM, INC. as its engineer; and
WHEREAS, a consultant team (the "CONSULTANT TEAM ") that is well qualified
and experienced in developing financial strategies and funding sources for stormwater
management programs and capital projects for local governments has been assembled by
LBFH, Inc. and is comprised of LBFH, Government Services Group, Inc. ( "GSG ") and
Nabors, Giblin and Nickerson, P.A. ( "NG &N ") for this project; and
WHEREAS, the CONSULTANT TEAM shall furnish specialized professional
services that are not otherwise currently available to the City from City staff.
NOW, THEREFORE, it is agreed as follows:
1. General Description of Services.
THE CONSULTANT TEAM, shall, in conjunction with the general direction of the office of
the City Manager, provide the professional services described in the Scope of Services
attached hereto as Appendix A in order to assist the City in developing plans and
strategies to provide resources for stormwater management and a stormwater capital
improvement program.
The work to be performed will be divided into two Phases. Phase 1 will focus on the
development of a stormwater financial plan. The Phase 1 focus includes:
• Review existing materials,
• Articulate the City's stormwater goals, issues, and priorities,
• Facilitate workshops to define existing stormwater program components and future
stormwater program needs,
• Assist in stormwater program budget analysis,
• Identify benefit area(s);
• Collect certain stormwater data,
• Facilitate the choice of a funding technique through a comparison of relative benefits
and deficiencies, and
• Attend meetings and presentations to provide City staff and elected officials with facts
and findings that will assist them in making informed decisions on key stormwater
P: \99- 4062 \pbgswfmal.doc Page 1 06/24/99
funding decisions.
Phase 2 will implement the proposed stormwater financial plan. The Phase 2 focus will
include:
• Develop a program billing system;
• Finalize data base and validate data;
• Prepare preliminary and final roll/bill accounts listing;
• Draft legal documents (ordinance and rate resolution) to support and authorize the
apportionment methodology (fee or assessment); and
• Facilitate public hearings and organize public information campaigns,
• Perform statutory requirements for tax bill collection (e.g., mail first class notices), if
applicable.
2. Deliverables.
Phase 1 deliverables include:
• Phase 11999 (Calendar Year) Stormwater Financial Plan
• Phase I Presentation of Plan to Staff and Elected Officials, as required
Phase 2 deliverables include:
• Final rates
• Database management and billing system
• Roll or billing accounts file
• Public information materials
• Archive document
3. Compensation
Compensation for this work shall be on a lump sum basis with the total fees for Phases 1
and 2 not to exceed $99,945. The budget for Phase 1 efforts has been established at
$57,205. The budget for Phase 2 efforts has been established at.$42,740. LBFH, Inc.
shall invoice the City on a monthly basis for the percentage of work that has been
completed on the project. Any specific allocations of manhours referenced in this
document shall be recorded and invoiced as a separate billing item.
The City may elect to ask for certain additional services such as those identified in
Appendix A but not included in the Phase 1 or Phase 2 efforts. These will be performed
on a time and expenses basis per the agreement already in place with the City.
4. Schedule.
The Consultant Team would like to make the point that each of the tasks associated with
the imposition of an assessment, should the City so elect, are highly time sensitive; failure
to meet relevant statutory deadlines will result in an insufficient data base for billing
purposes, thereby precluding the imposition of the assessment under the Uniform
Collection Method for that fiscal year. Currently, we anticipate the need to meet two
P: \99- 4062 \pbgswfinal.doc Page 2 06/24/99
statutory deadlines; the first will be January 1, 2000 and the second will be September 15,
2000. Exhibit B includes a chart of the expected expenditures associated with meeting
these deadlines.
IN WITNESS WHEREOF, the parties he to have, through their proper and duly
authorized officials, executed this Work thor' ati n, his day o June, 1999.
LIN A B W E RI HE TROM, INC.
By:
nnart E. L nd�fi( P.E.
( hairman of the Board)
CITY OF PALM BEACH GARDENS, a municipal
corporation of the State of Florida
ATTEST:
City Clerk
City Manager
P: \99- 4062 \pbgswfinal.doc Page 3 06/23/99
APPENDIX A
SCOPE OF SERVICES
SCOPE OF SERVICES
CITY OF PALM BEACH GARDENS
STORMWATER FINANCIAL PLAN
PHASE I — DEVELOPMENT OF A STORMWATER FINANCIAL PLAN
Phase I Focus:
• Review existing materials;
• Articulate the City's stormwater goals, issues, and priorities;
• Facilitate workshops to define existing stormwater program components and
future stormwater program needs;
• Assist in stormwater program budget analysis;
• Identity benefit area(s);
• Collect certain stormwater data;
• Facilitate the choice of a funding technique through a comparison of relative
benefits and deficiencies; and
• Attend meetings and presentations to provide City staff and elected officials with
facts and findings that will assist them in making informed decisions on key
stormwater funding decisions.
Phase I Deliverables:
• Phase 11999 (Calendar Year) Stormwater Financial Plan
• Phase I Presentation of Plan to Staff and Elected Officials, as required
Task 1 -1 Review Existing Plans and Other Resources
THE CONSULTANT TEAM will review relevant materials made available by the City
concerning the City's current stormwater management program and changes to the
program it may contemplate. At a minimum, the City will timely provide as relevant one
copy of 1) the current, adopted budget; 2) the annual financial report; 3) the most recent
bond prospectus; 4) the stormwater element of the adopted Comprehensive Plan; 5) all
ordinances and land development codes pertinent to the management of stormwater; 6)
the City's MS4 permit; 7) any stormwater management studies completed within the last
five years and 8) the most recent cost allocation study.
Task 1 -2 Develop a Stormwater Financial Plan
THE CONSULTANT TEAM will facilitate, through a series of work sessions with City staff,
the development of a Stormwater Financial Plan based on critical decisions made by City
staff and elected officials. THE CONSULTANT TEAM will present key issues and facilitate
the decision making process.
The Stormwater Financial Plan will include a thorough review of revenue needs as
identified by work sessions with staff. A user charge based rate structure will be developed
based on a recommended apportionment methodology. The proposed apportionment
methodology will define how the benefit area is delineated and how the base billing unit is
P: \99- 4062 \pbgswfmal.doc A -1 06/24/99
established. It will carefully examine overlapping stormwater management services, if any,
that might be provided by the South Florida Water Management District or the Northern
Palm Beach County Improvement District within City limits. It will carefully review
ramifications for the rate structure and apportionment of services provided by large
homeowner associations such as PGA. It will also address the ability to fund, both capital
and operations requirements.
The Stormwater Financial Plan will include a discussion of the advantages and
disadvantages of collecting the stormwater service charge on an existing City utility bill or
the use of the ad valorem tax bill as an alternative. The use of stormwater utility fees will
be presented and will include the database issues that are pertinent to the billing and
collection process of a utility fee. The apportionment methodology will address the role of,
and discuss the applicable legal restrictions with respect to, exemptions. It will include a
credit and adjustment policy developed by THE CONSULTANT TEAM to meet specific
stormwater characteristics of the City. The formal presentation of the Stormwater Financial
Plan to the City will be performed in Task 1 -9. Initial presentation of the Stormwater
Financial Plan as a review draft and according to the schedule in Appendix B will be made
in 6 copies to the City.
Task 1 -3: Identify Utility Billing Database Requirements
The CONSULTANT TEAM will develop a data schematic that matches the requirements
of the rate model. The CONSULTANT TEAM will determine which land information
variables on the appropriate Palm Beach County Property Appraiser's database are
available for and relevant to stormwater fee collection. The CONSULTANT TEAM will also
identify information that is not on the Property Appraiser's records but which is important
to structuring a legally defensible and equitable stormwater management program, and will
assess its attainability from other sources. Following research of available data and the
validation of the same, the CONSULTANT TEAM will identify any additional resources
needed to develop a reliable count of billing units. The relative accuracy and cost
effectiveness of various relevant data collection strategies will be presented to staff for
consideration.
Task 1-4: Determine Actual Base Billing Units
The CONSULTANT TEAM will calculate the base equivalent stormwater unit (ESU) value.
The City will provide field measurement where required unless otherwise provided for
through the "Additional Services" provisions of this Scope.
Task 1 -5: Generate Preliminary Billing Data
THE CONSULTANT TEAM will develop a billing data base from Property Appraisal records
and other data that the City may provide and that is available in a timely manner, in electronic
form, and in a format accessible to THE CONSULTANT TEAM's programmers. This scope
provides for up to 90 hours for the performing of data collection tasks, including, but not
limited to field measurement, field research, and verification of parcel data needed for
database population. The magnitude of this data collection effort will be dependent on the
quality of data available in the Property Appraiser records and the amount of data collected
by City staff. Provisions for such support are outlined in the "Additional Services" portion
P: \99- 4062 \pbgswfinal.doc A -2 06/24/99
of this Scope.
THE CONSULTANT TEAM will provide advice on the creation of any sampling frame,
should sampling be necessary, and will run the statistical analysis for each sample. THE
CONSULTANT TEAM will specify the record layout for collection and data input purposes
and will assist in the development of all work sheets and input screen forms as necessary.
A summary discussion of the tasks which must be undertaken by the City and which are
necessary to the development of an accurate and sufficient data base is found on page A -6
of this Scope.
Task 1 -6: Review and Analyze Alternative Sources of Revenue
Alternative sources of revenue to fund the proposed stormwater program budget will be
analyzed and presented to City staff and elected officials. Revenue sources will include,
but not be limited to, user fees, impact fees, ad valorem taxes, infrastructure surcharge
(sales) tax, and special assessments. Collection and enforcement options for special
assessments will be reviewed. Potential grant and loan sources will be identified, reviewed
and listed. Revenue projections based on a variety of rates, budget scenarios and long-
term financing programs will be presented.
Task 1 -7: Develop Proforma Rates
THE CONSULTANT TEAM will provide the City with proforma rates, based on data
collected through the execution of Task 1 -5. Proforma rates will be determined by dividing
the number of billing units in the City into up to four program budget scenarios developed
in Tasks 1 -2 and 1 -6.
Task 1 -8: Complete Phase I Report
This task includes the documentation of all previous activities in the development phase.
It will include presentation of both the final draft of the Stormwater Financial Plan and Pro
Forma rates. The Stormwater Financial Plan is intended to be an evolutionary document;
it will be modified as relevant during the execution of all tasks subsequent to Task 1 -2. The
presentation of the final report will be made in 10 copies to staff and elected officials.
Task 1 -9: Attend Meetings and Make Presentations
The CONSULTANT TEAM will meet with a designated staff steering team in the
development of all components of Phase I. These meetings should include appropriate City
staff. The CONSULTANT TEAM will present recommendations and findings to the City
Council. It is anticipated that up to five meetings will be required in Phase I with a typical
Consultant attendance of two or three persons per meeting.
P: \99- 4062 \pbgswfinal.doc A -3 06/24/99
IIPHASE II — IMPLEMENTATION OF UTILITY II
Phase 11 Focus: Successful implementation of the proposed Stormwater Financial Plan,
including:
• Develop a program billing system;
• Finalize data base and validate data;
• Prepare preliminary and final roll /bill accounts listing;
• Draft legal documents (ordinance and rate resolution) to support and authorize
the apportionment methodology (fee or assessment); and
• Facilitate public hearings and organize public information campaigns;
• Perform statutory requirements for tax bill collection (e.g., mail first class
notices), if applicable.
Phase II Deliverables:
• Final rates
• Database management and billing system
• Roll or billing accounts file
• Public information materials
• Archive document
Task 2 -1: Program Billing System
The CONSULTANT TEAM will finalize a billing calculation system for a stormwater user -
based charge (fee or assessment as determined in Phase 1). The billing system will be
designed to operate in a stand -alone PC environment using, at a minimum, a Pentium 200
MHz processor, running under Windows 95. The billing system will use Property
Appraiser's records and other data to be provided in a timely manner, in a commonly used
electronic format as determined with the mutual consent of the City. The CONSULTANT
TEAM will develop all billing algorithms necessary to execute the apportionment method
to generate the fees for each billable parcel. The CONSULTANT TEAM will test the
data -to- algorithm interface and make adjustments as necessary.
Task 2 -2 Refine Billing Data
The CONSULTANT TEAM will make adjustments to billing records based on additional
data provided from new field work, updated property appraisal records and submission of
relevant data from property owners. Additional field work will be executed through the
additional services provisions of this contract at the discretion of the City.
Task 2 -3: Develop Final Rates
Using the rate structure, data and billing system developed in previous tasks in this phase,
the CONSULTANT TEAM will generate final rates for consideration by the City Council.
The rates are expected to be presented in several scenarios for strategic consideration by
City officials. The rates will be presented in context with the programmatic structure
developed in Task 1 with specific capital project and /or service budgets identified.
Task 2-4: Draft Final Ordinance and Rate Resolutions
THE CONSULTANT TEAM will prepare all legal documents that are necessary to
implement the selected methodology, including the authorizing ordinance and rate
P:\99-4062\pbgswfina1.doc A -4 06/24/99
resolutions to collect the charge on the utility bill or tax bill collection method, as
appropriate.
Task 2 -5: Generate Preliminary and Final Billing File
Should the City elect to impose a fee -type service charge, THE CONSULTANT TEAM will
generate a billing file in an ASCII format for incorporation into the billing system of the
City's choice, as appropriate.
If the City elects an assessment approach, THE CONSULTANT TEAM will generate a
preliminary non -ad valorem assessment roll and a final non -ad valorem assessment roll
that is consistent with statutory and other legal requirements. This roll will be in an
electronic format compatible with the Palm Beach County Tax Collector's requirements.
Task 2 -6: Assist in the Preparation of a Public Information Strategy
The CONSULTANT TEAM will work with City staff to develop a public information
campaign to effectively present the basic purposes and goals of the proposed City
Stormwater Financial Plan. The strategy will identify target audiences, content and
structure for an information campaign. The comparative uses of a variety of public
information methods will be discussed.
Task 2 -7: Prepare Public Information Brochure
The CONSULTANT TEAM will create the text, graphics and layout for an 8.5 x 14" tri -fold
brochure appropriate for mailing to parcel owners in the City. The brochure will explain the
purpose and goals of the City's Stormwater Financial Plan.
Task 2 -8: Attend Meetings and Make Presentations
The CONSULTANT TEAM will meet with a designated staff steering team in the
development of all components of Phase II. These meetings should include appropriate
City and CONSULTANT TEAM staff. The CONSULTANT TEAM will present
recommendations and findings to the City Council and attend required public hearings. It
is anticipated that up to six meetings will be required in Phase II with an average
Consultant attendance of two persons per meeting.
Task 2 -9: Assist Start-Up of the Stormwater Financial Plan
THE CONSULTANT TEAM will assist in the actual start-up of the Stormwater Financial
Plan by providing on -call technical assistance up to a 33 hours. Support includes assisting
in addressing site specific issues at the direction of staff, application of the billing program
to specific cases, and such general support as the City may request within the limits of the
negotiated limit. Delivery of an archived document will occur at the end of Task 2 -9.
P: \99- 4062 \pbgswfinal.doc A -5 06/24/99
IIADDITIONAL SERVICES
Generation of Data
How much field measurement will be necessary to generate a valid billing file will not be
generally known until the completion of Task 1 -3. Field measurement personnel resources
may be acquired through contract employment services if City staff is not available. If the
City prefers, THE CONSULTANT TEAM will provide all field data generation and validation
services above the 90 hours included in the base lump sum fee on an hourly cost basis;
such services provided are termed "additional services" for purposes of this
Contract. All such additional services will be provided as requested in writing and will be
billed on a time and expenses basis using the rates in the Master Agreement between
LBFH, Inc. and the City.
THE CONSULTANT TEAM will do all it can to minimize the need for City resources to be
used in this project. However, some level of effort will be necessary. We anticipate, at a
minimum, that the following data must be collected, validated and verified:
1. Impervious Area The amount of impervious area on each parcel in the service
area must be collected and accurately entered into the billing data base. Note that
while the Property Appraiser's data is a good starting point for many classes of
parcels, most appraisal systems do not have adequate information to estimate
impervious area for such uses as condominium complexes (residential and non-
residential), mobile home parks and government owned parcels. These must
typically be field measured. Likewise, it is not uncommon to list the "footprint" of a
single - family residence, but not the associated driveway. A sample of perhaps 50
to 100 driveways will need to be field measured should the Palm Beach County
Property Appraiser not list the square footage of paved driveways. In some
counties, the size of parking areas are not recorded on appraisal data.
2. Mitigated Facilities A list of all parcel numbers associated with privately
maintained, on -site stormwater mitigation facilities and the year in which those
facilities were put in place must be generated.
3. Benefit Area Parcel List A list of all parcels by parcel number which are inside the
service benefit area and each improvement benefit area must be generated. This
is typically best handled through application of GIS based, polygon overlay
techniques using the cadastral (tax parcel) layer of the City or Property Appraiser's
GIS efforts. In this case, the City will need to digitize each benefit area boundary on
a coverage that is "registered" with the cadastral layer.
In addition, depending on the nature of the Property Appraisal data, various rate classes
may require sampling to establish the relative billing units for each class. This involves
drawing samples of parcels by rate class and field measuring the impervious area
associated with the sample. THE CONSULTANT TEAM will provide advice on the creation
P: \99- 4062 \pbgswfmal.doc A -6 06/24/99
of the sampling frame, and will run the statistical analysis for each sample.
THE CONSULTANT TEAM will specify the record layout for collection and data input
purposes and will assist in the development of all work sheets and input screen forms as
necessary.
While THE CONSULTANT TEAM will handle the actual interfacing of the initial data file to
the billing system, we recommend that the City generate and maintain all data it collects
in Microsoft Access. Access to and familiarity with CAD products such as AutoCAD or
MicroStation could be useful.
Mailing of Notices, Bills
The costs of producing, stuffing and mailing of any assessment bill or required first class
notices, or fee based bill shall be considered outside the Scope of Services. THE
CONSULTANT TEAM would be pleased to develop a separate work order to provide for this
support should the City require such services.
Maintenance of database
At the City's direction, THE CONSULTANT TEAM would be pleased to prepare a scope
of services to provide for ongoing maintenance of the billing data base and to prepare the
annual role, should the City elect to impose a special assessment.
Phone Banking
The City may want to consider establishing a phone bank of some four or five phones for
perhaps three to four weeks at the time the initial notices go out to address questions raised
by the public. Additional calls may be expected when tax bills are mailed in November or
when initial bills are mailed. THE CONSULTANT TEAM would be pleased to develop a
separate work order to provide for this support should the City require such services.
P: \99- 4062 \pbgswfinal.doc A -7 06/24/99
APPENDIX 'B
EXPENDITURE SCHEDULE
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: July 1, 1999
Date Prepared: June 21, 1999
Subject/Agenda Item: Petition VAR- 99 -02, sign variance application for Gardens Park
Plaza ground signs. The site is located at the southeast corner of Northlake Boulevard and
Military Trail. (24- 42S -42E)
Recommendation /Motion:
Staff is recommending continuing the public hearing until July 15.
Reviewed b �
Originating Dept.:
Costs: $_0
Council Action:
City Attorney���
Growth Management
Department
Total
[ ] Approved
Finance N/A
ACM •
$ 0
Current FY
[ ] Approved w/ conditions
[ ] Denied
Human Res. NIA
Funding Source:
[ ] Continued to:
Advertised:
Other N/A
Date: May 5, 1999
[ ] Operating
Attachments:
Paper: Palm Beach Post
[ ] Not Required
[ ] Other N/A
Resolution 72, 1999
Submitte b
Growth n
ffected parties
Budget Acct. #::
Departm n
[ X ] Notified
( ] None
Approved by:
City Manager
( ] Not required
BACKGROUND:
Patrick Koenig, applicant, is petitioning the City Council for a sign variance for five (5)
existing ground signs located in front of the Gardens Park Plaza Shopping Center. The
signs have been determined by staff to be non - conforming due to the fact that the right -of-
way frontage allows for only three (3) ground signs per code. Five ground signs would
require that the property have 3,100 feet of right -of -way frontage, while the petitioner has
only 2,300 feet of right -of -way frontage. The signs were constructed to advertise various
businesses on -site, both within the "main -line" shopping center and three of the "out -
parcels". All signs have been permitted by staff, either through building permit or site plan
approval. The applicant was notified that the signs were non - conforming through the non-
conforming signs notification procedure.
The oldest sign on site (Washington Mutual) was approved by building permit in 1978. The
second oldest sign (First Union) was approved in 1984. The RJ Gators sign was approved
as part of a Site Plan Approval process in 1991. The remaining two signs (advertising
Agenda Cover Memorandum July 1, 1999
Page 2
Gardens Park Plaza's two major tenants, Winn Dixie and Eckerd Drugs) were approved
as part of a site plan amendment in 1995. These two signs were not constructed until
1998. At that time, staff administratively approved the minor relocation of one of the ground
signs. The 1991 and 1995 approvals replaced existing signs which were approved prior
to 1990 (Palm Beach Cafe and the two Gardens Park Plaza pole signs).
It should be noted that all signs except the Washington Mutual sign are dimensionally
conforming to the sign code. The petitioner is requesting only a variance for the number
of signs, not the dimensional non - conformities associated with the Washington Mutual sign.
The petitioner, who is the property manager for the shopping center, has left the
responsibility of obtaining variances for non - conforming dimensions to the tenant,
Washington Mutual. As of this date, staff has not received a variance application from this
tenant.
Five signs were located on site (three of which have since been replaced) at the time of
the 1990 code revision, which placed in effect the right -of -way requirements. However,
signs which were approved in 1991 and 1995 should not have been permitted, since the
signs they were replacing were non - conforming.
PROCEDURE:
The LDRs designate the authority of reviewing and granting sign variances directly to the
City Council. As with other variances, a petitioner must demonstrate hardship. Section 110-
72. Variances, states that "The hardship shall not be economics or natural obstructions on
adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy and
utilize the intended benefits provided in this chapter." This should be the basis for which
the variance shall or shall not be granted.
The existing signs do not meet the following code requirements, as outlined in chapter 110
of the Citv's Land Development Requlations. The following chart illustrates this:
VAR -99 -02 GARDENS PARK PLAZA SIGN VARIANCE REQUEST
Present conditions not in compliance with the following requirements:
Code Requirement: Chapter 110 -36 (a) Ground Signs: "Any property with at least 300 feet of a property line
abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each
additional 700 feet of public right -of -way. The frontage of two or more public streets shall be additive to compute
frontage ".
I Present Condition: Five (5) ground signs with 2,300 feet of right -of -way. (requires 3,100 feet of right -of way) l
I Proposed Condition: Five (5) existing ground signs to remain. l
Proposed Condition Compliance with Code: No. Variance Requested
June 21, 1999
RESOLUTION 72, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A
VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36:
"GROUND SIGNS" FOR FIVE (5) EXISTING GROUND SIGNS
LOCATED AT THE GARDENS PARK PLAZA LOCATED AT
THE CORNER OF MILITARY TRAIL AND NORTHLAKE
BOULEVARD; AND, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
WHEREAS, the City Council finds that a variance for a sign per section 110 -36 would not
be adverse to the public interest.
WHEREAS, the City Council finds this variance meets the standards established by code.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. A variance is hereby granted to the requirements of section 110 -36, "Ground
signs ", for five (5) existing ground signs located at Gardens Park Plaza located at the southeast
corner of Military Trail and Northlake Boulevard; said variances being defined as follows:
1. A variance from the number of ground signs permitted, where only three ground
signs are permitted, five ground signs exist.
Section 2. The aforementioned improvements shall be consistent with the following plans
on file with the Planning and Zoning Division:
1. June 7, 1999 Site Plan, Urban Design Studio, 1 sheet
2. April 27, 1999 Site Plan and Sign Elevations, Urban Design Studio, 1 sheet
Section 3. All resolutions in conflict herewith are hereby repealed.
Section 4. This resolution shall be effective upon adoption.
1
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1999.
ATTEST:
LINDA V. KOSIER
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
\eat
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JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: July 1, 1999
Date Prepared: June 28, 1999
Subject/Agenda Item: Second Reading /Public Hearing, Petition TXT -99 -07 Sign Code
Revisions, by City of Palm Beach Gardens staff, to amend the City's Land Development
Regulations to provide minor revisions to chapter 110 entitled "SIGNS ".
Recommendation /Motion:
Staff recommends aDDroval of Ordinance 25. 1999
Reviewed b t11�
Originating Dept.:
Costs: $ 0
Council Action:
Total
City Attorneyfw
Growth Management
A
[ ] pproved
Finance N/A
$ 0
[ ] Approved w/ conditions
XC
Current FY
ACM
] Denied
Advertised:
Human Res. N/A
Funding Source:
[ ] Continued to:
Attachments:
Other N/A
Date:
[ ] Operating
Paper:
'x' Not Required
[ ] Other N/A
Ordinance 25, 1999
Submitte
Growth a e
Affected parties
Budget Acct. #::
Director
[ ] Notified
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
Staff has made minor revisions after the ordinance was read at first reading. A summary
of these revisions include:
(1) Allow for ground lighting. Additional restrictions on sign lighting in residential zoning
districts.
(2) Allow for one (1) flag per flagpole.
(3) Change language referring to the enactment of the original sign code revisions to
reflect actual date of adoption. (January 11, 1990)
(4) Change language referring to adoption date of proposed ordinance to Ordinace
number.
(5) Clarifying language regarding the submittal of materials to the Growth Management
Department for sign variance applications.
(6) Specifying that exceptions and requirements for a sign variance apply only to
parcels within PUDs and PCDs.
(7) Add criteria for lettering on residential entry features or perimeter walls.
Agenda Cover Memorandum July 1, 1999
Page 2
At its May 20, 1999 meeting, the City Council reviewed this petition and had the following
comments:
1) Broaden the language within the "entry feature" and "perimeter wall" definitions to
allow for non - masonry structures.
Staff has eliminated the language restricting requirements to masonry structures.
Staff is requesting that the City amend its Land Development Regulations to allow for minor
amendments to Chapter 110, entitled "SIGNS ". These amendments were initiated in
association with the non - conforming sign requirements of Chapter 110 -3, which calls for
the replacement of signs not conforming with the requirements of the 1990 amendments
to the sign code. The implementation of Chapter 110 -3 requires the addition of some
definitions as well as amendments to provide for improved staff interpretation. Also, the
workload associated with the non - conforming sign implementation has required the shifting
of the variance procedure responsibility from the City Clerk's office to the Department of
Growth Management. This is also reflected in the proposed revisions.
Separate from the non - conforming sign procedures, the LDR "glitch list" procedure also
identified some minor revisions proposed for the sign code. These have been incorporated
into this revised draft.
The following summarizes various issues within the sign code affected by revisions:
(1) New definitions: "Directly accessible ", "Principal tenant ", "Primary entranceway ",
"Floor line ", "Entry feature ", "Perimeter wall ".
(2) Maximum flagpole height and flag area size.
/13% cl:
`V] %Ji l is I g a:t g mol a is r osa :ca:o s. S airds g i.ati : g and ' i ao all. Il:g a: g only.
.
(4) Non - conforming sign exemption: signs on second floor commercial, residential
signs, and signs within a PCD.
(5) Side property line setback exemption for corner lots.
(6) Clarification of height restrictions and area maximums for building /major tenant wall
signs: 4th Floor line maximum and 90 square feet respectively.
(7) Maximum height for building /major tenant wall signs: 36 inches.
(8) Sign variance processing responsibility: transfer from City Clerk to Department of
Growth Management.
(9) Exempting existing signs made non - conforming by the proposed revisions.
The intent of Chapter 118 "SIGNS" is to "create a legal framework for a comprehensive
and balanced system of signage to facilitate an easy and pleasant communication between
people and their environment and to avoid the visual clutter that is potentially harmful to
traffic and pedestrian safety, property values, business opportunities and community
Agenda Cover Memorandum
Page 3
July 1, 1999
appearance." It is the intent of these sign code revisions to give staff greater ability to
achieve the goals set forth in the chapter's intent and purpose.
At its April 13, 1999 meeting, the Planning and Zoning Commission held a public hearing
on this request and unanimously recommended approval with the following changes to the
draft language:
(1) These revisions will create additional nonconforming signs. This was not the intent
of the sign-code revisions. Staff should develop some language grandfathering
existing signs which would be affected by these revisions.
Staff is proposing an additional Subsection, 110- 4(b)(4): Existing signs made
nonconforming by minor sign code revisions adopted by City Council on (date of
adoption).
(2) If only backlighting is to be permitted for all signs located within residential districts,
then lettering on residential entry features would need to be backlit and could not
be lit by surface wall wash lighting.
Staff is proposing language which exempts lettering on entry features and perimeter
walls within residentially zoning districts from the requirements of this chapter,
subject to Growth Management Department approval.
(3) Placing the height limit for wall signs at `floor line "or below may be too restrictive.
Allow for a 3 foot extension above the floor line to allow for greater flexibility for sign
placement.
Staff has added language to Section 110 -37 to allow for this additional height.
GAShort Range \txt9907.cc.st1.wpd
flashing or moving messages; bright, flashing colors; changeable sign copy, except where expressly
permitted; extruding figures; bunting; awnings with names /advertising; flags, except as expressly
allowed; waving; fluttering; or any device to attract attention shall be allowed within the city. Flags,
with a total of three maximum, shall be allowed. Flags shall be limited to one each of the following:
governmental, religious, and corporate. Flags may be affixed to a maximum of three poles, no
greater than one flag per pole. The maximum height for flagpoles shall be 25 feet. The maximum
area size for a flag shall be 48 square feet.
(c) No sign or device which displays signage shall be allowed on city property or rights -of -way
within the city unless specifically authorized by a resolution or an ordinance of the city council.
Other governmental entities which have jurisdiction and/or control of public right -of -way may install
signs thereon which- are under their jurisdiction. Any signs that are not authorized on such
rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne
by the parties responsible for the installation thereof.
(d) Only backlighting and internal lighting or permanently fixed and encased face lighting from
below the sign surface shall be permitted for all ground or flat/wall signs. Open neon sign
illumination is permitted within a building, provided it is not visible from the public right -of -way.
Only backlighting with opaque lettering and permanently fixed and encased face lighting from below
the sign surface shall be permitted in residential zoning districts.
(e) The message on a ground sign or flat -wall sign may be used to identify a building or major
tenant with the maximum amount of such sign messages not to exceed any three messages on any
one sign.
(f) All lettering, logos and other such identification markings on signage shall be permanent and
not interchangeable, except where specific exception is permitted in this chapter.
(g) A building can be identified with both a ground sign and a flat -wall sign on property with
a minimum of 300 feet on a public right -of -way. If there is more than one building on the property,
each building will be allowed one flat wall sign meeting the requirements of this chapter.
(h) No sign facing residential property or property zoned residential shall be allowed within 100
feet from the sign face to a property line of residential property.
(i) Roadside mailboxes or residential building identification, displaying the name or property
occupant and/or street address will be an exception to the requirements of this chapter. Further
exceptions from the requirements of this chapter are signs barring peddlers, indicating security such
as burglar alarms, barring solicitors, or "beware of bad animal" signs. Such signs must be placed at
the entrance of the building or fenced area at entrance.
0) Business motor vehicles containing logos or business addresses and names painted or
embossed on vehicle surfaces, when otherwise permitted or required by law, shall be excepted under
Page 3
Y
June 14, 1999
ORDINANCE 25, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE PALM BEACH GARDENS CODE OF
ORDINANCES BY ADDING SECTIONS 110 -1, DEFINITIONS,
AND AMENDING SECTIONS 110 -3, SECTION 110 -4,
SECTION 110 -36, SECTION 110 -37, SECTION 110 -38, AND
SECTION 110 -72; PROVIDING FOR CODE REVISIONS TO
ALLOW FOR NEW DEFINITIONS, MAXIMUM FLAG POLE
HEIGHT AND FLAG AREA, CRITERIA FOR LETTERING
ON RESIDENTIAL ENTRY FEATURES AND PERIMETER
WALLS, NON - CONFORMING SIGN EXEMPTIONS, SIDE
PROPERTY LINE SETBACK EXEMPTIONS,
CLARIFICATION OF HEIGHT AND AREA RESTRICTIONS
FOR WALL SIGNS, PROVIDING FOR MAXIMUM LETTER
HEIGHT, AND TRANSFERRING RESPONSIBILITY FOR
PROCESSING SIGN VARIANCE APPLICATIONS FROM
CITY CLERK TO GROWTH MANAGEMENT
DEPARTMENT; PROVIDING FOR A REPEAL OF ALL
ORDINANCES OR PARTS THEREOF IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to amend the section of the Code of Ordinances
regulating signage%
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Section 110 -1 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby added to read as follows (added words underlined; deleted words
See. 110 -1. Definitions.
Directly accessible means having an entrance from any retail space, industrial bay,, office space or
similar space directly to the exterior of a building. Spaces located off of common lobbies, interior
ground floor hallways or on floors above the ground floor shall not be considered directly
to the exterior of a building.
Entry feature means a structure located at the ingress pojnt to a development which contains certain
decorative features such as landscaping, planters. rock formations, water features, or other details
)to provide for aesthetic improvements to a development entrance.
Floor line means the separation between two floors of a multi - story building, where the story
indicated is entirely above the floor line. For example, the fourth floor line is the separation between
the third and fourth floor, the first floor line being grade level.
Perimeter wall means a structure surrounding all or a portion of a development, parallel to and/or
abutting property lines.
Principal tenant means an occupant of either the entire building or a portion of a building identified
specifically at time of sign construction by developer to be the principal tenant.
Primary entranceway means a paved facility, including parking areas, sidewalk$, plazas, and
courtyards, which provide vehicular and/or pedestrian access to a building entrance.
SECTIQN 2. Section 110 -1 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined, deleted words
Sec. 1104 2. Intent and purpose.
The purpose of this chapter is to create the legal framework for a comprehensive and balanced
system of signage to facilitate an easy and pleasant communication between people and their
environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian
safety, property values, business opportunities and community appearance. With these purposes in
mind, it is the intent of this chapter to authorize the use of signs, provided they are compatible with
their surroundings, appropriate to the activity that displays them, expressive of the identity of the
individual activities and the community as a whole, and legible in the circumstances in which they
are seen.
(Code 1987, § 155.01)
SECTIQN 3. Section 110 -2 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
Struck*
Sec. 110 -2 3. General regulations and restrictions and prohibitions.
(a) No off -site or off - premises signs shall be permitted under this chapter, unless otherwise
permitted in this Code. All sign copy shall refer to the property on which the sign is located, except
as permitted elsewhere in this Code.
(b) Only passive -type signage shall be permitted. No surface movements; murals; flashing lights;
i
Page 2
6
flashing or moving messages; bright, flashing colors; changeable sign copy, except where expressly
permitted; extruding figures; bunting; awnings with names /advertising; flags, except as expressly
allowed; waving; fluttering; or any device to attract attention shall be allowed within the city. Flags,
with a total of three maximum, shall be allowed. Flags shall be limited to one each of the following:
governmental, religious, and corporate. Flags may be affixed to a maximum of three poles, no
greater than two flags per pple. The maximum height for flagpoles shall be 25 feet. The maximum
area size for a flag shall be 48 square feet.
(c) No sign or device which displays signage shall be allowed on city property or rights -of -way
within the city unless specifically authorized by a resolution or an ordinance of the city council.
Other governmental entities which have jurisdiction and/or control of public right -of -way may install
signs thereon which are under their jurisdiction. Any signs that are not authorized on such
rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne
by the parties responsible for the installation thereof.
(d) Only backlighting and internal lighting or permanently fixed and encased face lighting from
below the sign surface shall be permitted for all ground or flat/wall signs. Open neon sign
illumination is permitted within a building, provided it is not visible from the public right -of -way.
Only backlighting with opaque lettering and permanently fixed and encased face lighting from below
the sign surface Shall be permitted in residential zoning districts.
(e) The message on a ground sign or flat -wall sign may be used to identify a building or major
tenant with the maximum amount of such sign messages not to exceed any three messages on any
one sign.
(f) All lettering, logos and other such identification markings on signage shall be permanent and
not interchangeable, except where specific exception is permitted in this chapter. �
(g) A building can be identified with both a ground sign and a flat -wall sign on property with
a minimum of 300 feet on a public right -of -way. If there is more than one building on the property,
each building will be allowed one flat wall sign meeting the requirements of this chapter.
(h) No sign facing residential property or property zoned residential shall be allowed within 100
feet from the sign face to a property line of residential property.
(i) Roadside mailboxes or residential building identification, displaying the name or property
occupant and/or street address will be an exception to the requirements of this chapter. Further
exceptions from the requirements of this chapter are signs barring peddlers, indicating security such
as burglar alarms, barring solicitors, or "beware of bad animal" signs. Such signs must be placed at
the entrance of the building or fenced area at entrance.
0) Business motor vehicles containing logos or business addresses and names painted or
embossed on vehicle surfaces, when otherwise permitted or required by law, shall be excepted under
Page 3
this chapter.
(k) No sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any
window or door or opening used as a means of ingress or egress so as to prevent free passage from
one part of a roof to any part thereof. No sign shall be attached in any shape or manner to a fire
escape or be placed in such manner as to interfere with any opening requirement for legal ventilation,
nor shall a sign be erected in a location or at a street intersection or in any street right -of -way so as
to obstruct free and clear vision or obstruct the view of or be confused with any authorized traffic
sign or device by vehicular traffic.
(1) Lettering conveying the name of a residential development affixed to perimeter walls or entry
features shall be $ulyj cc, IL <;, uYYivvai V_y'tiC �::,:' �i: * iCLLLGI CL:LCllt L�iCP"ILXILCIIL a maximum of 24" in
height, no greater than 60 square feet in area and shall be backlit with opaque lettering or ground lit
only, '
(Code 1987, § 155.03; Ord. No. 1- 1997, § 10, 2- 20 -96)
SECTION 4. Section 110 -3 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined, deleted words
,_
iii urn) . .
Sec. 110 -3 4. Nonconforming signs.
(a) Every sign lawfully erected within the city on January 11, 1990 `'-01 _`F- aUL I
Lill. VLL.Li_4-: V1. A= Vl Lc
V1UL11Lmcz 1V111 YY�1 it l this .3c ctiV1L vdcH v l.J and which is a type of sign not permitted in this chapter
may be continued until January 7, 2000 except as follows:
(1) No such sign may be enlarged or altered in any way unless to bring it into conformity.
(2) If a nonconforming sign is destroyed by any means to an extent of 69 50 percent or more of
its replacement costs at time of destruction, it shall not be reconstructed except in
conformance with this chapter.
(3) If a nonconforming sign is removed for any reason, other than maintenance or name change
of occupant, from its location and reinstalled, the sign shall conform to all requirements of
this chapter.
(b) Upon expiration of the time period stated in subsection (a) of this section, such affected sign
shall be immediately removed. Exemptions are as follows:
(1) Signs which have been specifically approved by a PUD, PCD or Site Plan within a PCD.
(2) Existing flat wall signs located below the third floor line or roofline on two -story cfflcc
buildings shall be allowed to remain indefinitely; however, subsections (a)(1), (2), and (3)
shall apply.
(�) 5igns located within residentially zoned districts which indicate the name of a residential
Page 4
subdivision or development.
Signs made nonconforming by sign code revisions adopted by Ordinance 25, 1999. Oity
n .._ :t r.... , P7 , nnn
VVUl1V11 Oil JU114 1 /,
(c) Any permanent sign existing on property annexed into the city, not permitted under this
chapter, but lawful at the time of annexation, shall be removed from the premises upon which the
sign is erected within six years from the date the city comprehensive land use plan is adopted
pertaining to such premises. or JL. V L.1A � liu1J L Vlll %11A,�,LI V %, UGLt4 VA Lll� k/1ui11CU1L V 1%jill YY lil,l 4l. 11a
4,11:.. -0 1 .,:.. ...'' Jl�:_..... :�`' U. , g,._ signs located on property
JNLJ Ll VlI UL�1I VL+J, ul.�.l LillUllls Vvlulill L1111L, �Vrlvu J11u11 VV 1V11 4l. Temporary
annexed into the city, which are not so rcn- ..iLLcu In compliance with this chapter shall be removed
within 60 days from the date the city comprehensive land use plan is adopted pertaining to such
premise$, vlil Liv iii iLi v %. uuLv Vf LIlV V1 U111Ul11 l 11 V111 VY 111 l Li is JAL ll Vll u1.11 v %L a.
(1) The time periods provided in this section are for the purpose of amortizing the costs of a sign
and any property rights created prior to the effective date of the ordinance from which this section
originally deriveds by virtue of lease of location and/or sign space.
(Code 1987, § 155.04)
SECTION 5. Section 110 -4 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
,_
iii urn). .
Sec. 110 -4 5. Display of obscene matter prohibited.
It shall be unlawful for any person to display upon any sign or other advertising structure any
obscene, indecent, or immoral matter which violates this Code or the laws of the state.
(Code 1987, § 155.05)
SECTION 6. Section 110 -5 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
struelc):
Sec. 110 -5 6. Permits required, fee and revocation.
(a) It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the city
any permanent sign defined in this chapter without first obtaining a permit from the building
department and making payment of the fee required by section 86 -28. All illuminated signs shall,
in addition, be subject to the electrical code, and the permit fees required thereunder.
(b) The building official is authorized and empowered to revoke any permit issued upon failure
of the holder thereof to comply with any provision of this chapter.
Page 5
(Code 1987, § 155.06)
SECTION 7. Section 110 -6 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
strtteic):
Sec. 110 -6 7. Maintenance, inspection.
All signs for which a permit is required, together with all their supports, braces, guys, anchors, and
plastic faces, shall be kept in repair and, unless constructed of galvanized or noncorroding materials,
shall be thoroughly painted once every two years or as often as the building official may deem
necessary based on the condition of the sign. The building official may order the removal of any sign
that is not maintained in accordance with this section. The removal shall be at the expense of the
owner or lessee. The building official shall reinspect all signs erected within the city as often as he
deems necessary. No fee shall be required for reinspection.
(Code 1987, § 155.07)
SECTION 8. Section 110 -7 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
St iuGn ). .
Sec. 110 -4 8. Design requirements.
(a) All permanent signs shall be designed and constructed to withstand all loads and design
factors of the city as prescribed by the building code for the city.
(b) The building official shall require sufficient design data, when deemed necessary, to
determine whether the sign complies with the applicable codes of the city. All permanent ground
signs eight feet and above grade shall be certified by a state engineer, who shall submit sufficient
design data to enable the building official to determine whether the sign complies with the applicable
codes of the city.
(Code 1987, § 155.08)
SECTIQN 9. Section 110 -8 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
strtick :
Secs. 110 -81 -- 110 -35. Reserved.
ARTICLE II. PERMANENT SIGNS
SECTION 10. Section 110 -36 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
Page 6
�. .
Sti u�t� .
Sec. 110 -36. Ground signs.
a
(a) Any property with at least 300 feet of a property line abutting a public right -of -way shall
be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet
of public right -of -way. The frontage of two or more public streets shall be additive to compute
frontage.
(b) A ground sign structure shall not exceed ten feet in overall height above the centerline
of the adjacent roadway nor shall it exceed 15 feet in length. A maximum of 60 square feet per sign
and no more than two faces per sign structure shall be allowed.
(c) Ground signs shall be placed no closer than 15 feet from the front property lines and side
property lines adjacent to a public right -pf- -way or 50 feet from the side property lines not adjacent
to a public right -of -way. A ground sign shall be erected in a landscaped area. The landscaped area
shall be equal to no less than the height of the sign in all directions from the sign face and front end
and a minimum of three feet from the rear of the sign. The area shall be plante it appropriate
vegetation and automatic irrigation by the property owner and shall comply wi pter 98.
(Code 1987, § 155.09)
SECTION 11. Section 110 -37 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
iii urn). .
Sec. 110 -37. Flat /wall signs
(a) Buildings located on a site which has at least 100 feet of property line on the public right -
of -way shall be allowed one flat/wall sign for identification.
(b) A flat/wall sign installed on a building, which identifies the building or one principal
tenant, shall be parallel to the surface of the wall on which it is painted or attached and shall not
project more than 12 inches from such wall surface. The total area of the sign face shall not exceed
three percent of the face area of the elevation below the fourth floor line or 30 feet above the
centerline of the adjacent street, whichever is less. T �c u:cu Vftl:c 01rA.L ucc l:luy he illcicuscu LVVU
�. c - cn F . r .L 1. c 41-- ... 1:- -r ♦L
P orcc111. lvl Vu411 uulil Llvllul ✓v 1\.�L vl Sctklacl%1 llvlll LllV FI%JFV1Ly llllV 111 Cxccss vl llll.. llllllllllulll
.1 C.... �L ,. ..,,.11 .. ...1..:,.1.. �1.,. ... ' 1:,.,7 TL..
roquiicu lvl Lll%.• WCLll u1JVi1 vvlllvll ulv Jlrll 1J aFFl1%.u. 1111. 111ul1illlulll Jir'il uiVU 1111i1�uJV alluii ilvt,
lv VYIi V Nl, I1AVVl4u J\i V V11 tJV1NVlll v1 CL total siga arcu Vf toil perccilt. The total area of the sign face shall
not exceed 90 square feet. Sign letters shall be no larger than 36 inches in height. Signs shall not be
located more than three feet above the fourth floor line or above the building parapet.
(c) In addition to the ground and /or flat/wall sign which indicates the purpose of the building,
Page 7
an occupant of a portion of a building whose space is directly accessible from the exterior of the
building at ground level is allowed one flat/wall sign for each elevation facing a public right -of -way
and/or the primary entranceway, not to exceed two face elevations. Such flat/wall signs shall not
exceed five percent of the gross area of the described elevations of the tenants' space. Signs shall not
be located higher than the second floor line or top of the parapet of a one -story building. All such
signs shall be of uniform type, color, material, shape, or style; letter height shall not exceed 24
inches, maximum two lines of copy,
1..44„« 4-. «,. — ,.1,,,11 1... F41-- _ ,.4_.1 ,. 1, "-- 1 , 1_L4 4 4., ...1 e)A '« 1.....
`Lf 1.�11C11111L,1 1V LLL,1 LYF%, J1S11J 011U11 UN Vl L11Li JCL111N JL�'1Li, 14LLL..1 11L,111L 11VL LV I+AL+I+L+U LT 1111i11VJ,
4. VY 1111L,J V 1: V1 LF %
11 1U A 1 11 1 U111 L, V +V iJ y.
(d) In addition, a window sign not to exceed five percent of the gross glass area of elevation
may contain the name of the occupant, hours of business operation, open/closed designations, credit
card designations, and telephone numbers shall be permitted, and 15 percent of the gross glass area
of elevation may further be used for the specific advertising of goods and services, not to exceed 100
square feet. Materials utilized in signage comprising the 15 percent allowable area for goods and
services must be of a permanent nature. Use of cardboard or paper materials temporarily affixed to
the glass is prohibited.
(e) Menu sign. A menu sign is a temporary sign used to inform the public of the list of dishes
or foods available in a restaurant along with the corresponding prices. A window menu must be
framed or matted and its area will not be applied toward the 15 percent of the gross glass area. The
sign may also indicate if the restaurant is open and list the hours of operation of the restaurant.
(1) One menu sign is allowed for each restaurant.
(2) The sign shall not exceed four square feet in area.
(3) The sign shall be enclosed in a casing attached to the building. The casing design and
color shall be architecturally compatible with the building design and color. The
casing shall extend no more than two inches in depth away from the wall to which
it is attached, which shall be the owned, rented, or leased premises.
(Code 1987, § 155.10)
SECTION 12. Section 110 -38 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
iii,_ .
urn) .
Sec. 110 -38. Directional signs (on site).
(a) A maximum of one double -faced sign of no greater than four square feet on face or higher
than four feet above the adjacent paving : ;: cac uutl::,:izcu ;; a cut shall be allowed for each
Page 8
building to direct traffic t;, GL11.Y Vu:1%AA on the property. In addition, one exterior menu sign shall
be allowed for a drive - through restaurant with a maximum height of five feet and maximum area of
20 feet which shall be landscaped in compliance with chapter 98. Such sign shall be no further than
100 feet from the building which contains the facility. Signs may be illuminated by internal lighting
only and shall be placed in a landscaped area.
(b) As required for safety, "exit only" and "entrance" signs, no greater than four square feet
and no higher than three feet above the adjacent paving, with a maximum of two faces shall be
allowed to encourage or prohibit entrance to a property through each established curb cut. The sign
shall be allowed no closer than two feet from the property line. The sign may be illuminated by
internal lighting only and shall be placed in a landscaped area. The landscaped area shall comply
with the requirements of chapter 98.
(Code 1987, § 155.11)
SECTION 13. Section 110 -72 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
s ti ack ).
Sec. 110 -72. Variances.
(a) Recognizing that the strict application of the requirements of this chapter may work an
undue hardship on certain applicants, variances from the strict application of this chapter may be
granted by the city council. The hardship shall not be economics or natural obstructions on adjacent
lands, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended
benefits provided in this chapter. Procedures for obtaining a variance are as follows:
(1) A written petition for such / ment variances shall be f Dpartment, d by the owner of the sign in
question with the ci c1c'4owthAanage and the city council
shall conduct a hearing on the petition within 45 days of the filirlg cf Ulc date of
filing, providing all satisfactory information required has been submitted to the by
LllV Nll�' VV 6.11V 11 growth management department. VV 1w111J11VU Vy LllV Y�. 11ll Vlll+1.
(2) The petition shall be signed by the petitioner under oath and shall contain sufficient
information accompanied by a drawing whereby the city council can render a
decision thereon. Only one variance request shall be contained in a petition.
6
(3) There shall be an initial filing fee, on file in the city ; :c:k'swth Management
�d axtment office, required for each petition filed, which fee hall be aid by the
etitioner upon filing of the petition with the city cicrnowth Management
d artment, The petitioner shall pay for all legal advertising costs, including postage
o in notices to landowners affected by the variance, unless otherwise specified in
Page 9
subsection (a)(6).
(4) Prior to any hearing conducted by the city council, if the sign in issue is located in
a shopping mall or a shopping center as defined in this chapter, all lessees located
therein and the owner thereof together with all landowners within 300 feet of the
parcel of land on which that shopping mall or shopping cen a shall be ted shall
be notified in writing as directed by the city cicr' owth,nagementpartment
by United States mail of the pending variance petition, together with the date, time
and place of public hearing on such, at least ten days prior to the hearing.
(5) If the sign in issue is not located within a shopping mall or shopping center, all
landowners within 300 feet of the parcel of land jpn whic,Ihthe sign in is= is located
shall be notified as directed by the city cicrn(�wth . nagement artment as (G,
required in subsection (a)(4) of this section. If a condominium shall be involved,
notice to the president or secretary of the condominium association will constitute
notice to all landowners therein.
(6) In addition to the notice of the variance requested, the date, time and place of public
hearing thereon by the city council shall be published in a newspaper of general paid
circulation within the city at least 15 days prior to the hearing. The lessees and
1 owners a 'tied to receive notice shall be determined by the ci y cic.,,GtWth
Milagement1t6partment. n The initial filing fee shall be the total fee when noo' more
than ten landowners or lessees shall be entitled to notice; the filing fee shall be
increased for each additional five landowners or lessees or fraction thereof.
(7) Three members of the city council shall constitute a quorum, and the concurring vote
of three members shall be required to grant a variance to this chapter.
(8) The city council shall have the authority to request any information it may deem
necessary to properly reach a decision on a petition, including the presentation of
expert testimony at the expense of the petitioner.
(9) The city council shall not conduct a hearing on any petition until all filing fees are
,,d an d requ' ed public notice is complied with as directed by the city cic:n �wth
nagement artment. Approval or disapproval of a requested variance shall be
{iy resolutio of the city council.
(b) Exceptions and requirements for planned unit developments or planned community,
districts.
(1) The city council may make and grant exceptions to the requirements of this chapter
in a planned unit development, or site plan within a planned community district at
time of adoption or by an amendment thereto by subsequent resolution or ordinance.
Page 10
(2) The city council may vary the size, setback requirements and amount of signs
permitted, provided the council finds that the general intent and purpose of this
chapter is met.
(3) The only exception allowed for the use of a prohibited sign in a planned unit
development shall be when the development does not front on a state or county
arterial right -of- -way.
(4) Based upon the above, the developer may erect on off -site double -faced sign not to
exceed 32 square feet containing only the name o sect and directions thereto. �;;'o
The maximum height of the sign shall not exceed five feet above the crown of the Attaw-
road. The lighting may be allowed as prescribed by the city council based upon the 97'xcG✓
effect of illumination on the general surrounding area, traffic safety and reasonable
visibility for the purpose intended. 44-�
(5) The city council may grant such exception arianc buy 14JV1u iuoln without tu\.
llll4l V411L1V11 VA LL14 F1L11111111r� 1.LLlu 41V111115 4V1111111JJ1 V11 and publication In a newspaper
L 1......111 V ,.. V 1 %.'1 L «,.1 +.......,111.1.. +: ,. « u l
of general circulation. 1114 Jl�ll J11U11 V4 14111V V 4u V�' Lill. V YV1141 u�JVll L41111111UL1V11 Vl
th}}-- ._..,. ,.11.....,.,7 TL1,1 ,1:+.. ,.U-11 L1,...,1 +L,1 ..: L1+ +.1 11,1«,1,._.,. +L,1 ,.: « ,1« +L1,.
'4 U1114 1l411VU U1lV VV4". 1114 41Ly J11LL11 11"V4 L114 L1 &11L LV 14111V V4 U14 Jl6ll ui./Vll L114
V VV1141 J lUlll1.14 LJ uV JV, UL L114 4VJL Vl L114 V VV1141.
/L\ TL. - . :.-+�.....-. « +:..«
`VJ 1114 111w1 V411UU11 Vl L114 V ALLLU1111r, ULlu L.V11111r' 4VL111111JJ1V11 GLLlll 114VVJl«./UJJ41 FUU114UUU11
Vl 1JUV114114L11111�, ml ul«./J/iv VUl 1V1 Ull LL111411u1114111 311u1111VL V4141iu114u.
(Code 1987, § 155.18)
SECTION 14. All ordinances and resolutions of the City, or any part thereof, which are in
conflict with this ordinance are hereby repealed.
SECTION 15. Should any section or provision of this ordinance, or any portion, paragraph,
sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
SECTION 16. The City Clerk is hereby directed to ensure that the contents of this ordinance
be codified as part of the City Code of Ordinances.
SECTION 17. This ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF , 1999.
PLACED ON SECOND READING THIS DAY OF 51999.
PASSED AND ADOPTED THIS DAY OF '1999.
Page 11
MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO
VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
G: \Short Range \txt9907.ord.wpd
Page 12
CITY ATTORNEY
AYE NAY ABSENT
June 21, 1999
Amendment 1 to Ordinance 25, 1999
The text of proposed Ordinance 25, 1999, as approved on first reading, shall be amended as
follows:
A. Amend Sec. 110 -3 (b), so that it shall read:
(b) Only passive -type signage shall be permitted. No surface movements; murals;
flashing lights; flashing or moving messages; bright, flashing colors; changeable sign copy, except
where expressly permitted; extruding figures; bunting; awnings with names /advertising; flags, except
as expressly allowed; waving; fluttering; or any device to attract attention shall be allowed within
the city. Flags, with a total of three maximum, shall be allowed. Flags shall be limited to one each
of the following: governmental, religious, and corporate. Flags may be affixed to a maximum of
three poles, no greater than one two flags per pole, The maximum height for flagpoles shall be 25
feet, The maximum area size for a flag shall be 48 square feet.
B. Amend Sec. 110 -3 (d), so that it shall read:
(d) Only backlighting and internal lighting or permanently fixed and encased face
lighting from below the sign surface shall be permitted for all ground or flat/wall signs. Open
neon sign illumination is permitted within a building, provided it is not visible from the
public right -of -way. Only backlighting with opaque lettering and permanently fixed and
encased face lighting from below the sign surface shall be permitted in residential zoning
districts,
C. Amend Sec. 110 -4 (a), so that it shall read:
(a) Every sign lawfully erected within the city on January 11. 1990 the C."fccti v c uutc Of
the .,.dials. frcIII VV, .:.;1 this 0CCt1:,1L uc:ivcs and which is a type of sign not permitted in this
chapter may be continued until January 7, 2000 except as follows:
(1) No such sign may be enlarged or altered in any way unless to bring it into conformity.
(2) If a nonconforming sign is destroyed by any means to an extent of 66 50 percent or more of
its replacement costs at time of destruction, it shall not be reconstructed except in
conformance with this chapter.
(3) If a nonconforming sign is removed for any reason, other than maintenance or name change
of occupant, from its location and reinstalled, the sign shall conform to all requirements of
this chapter.
C. Amend Sec. 110 -3 (1), so that it reads:
(1) Lettering conveying the name of a residential development affixed to perimeter walls
or entry features shall be sutjcc< <Y uyy.., V uI «1V .r,.,, VV L.....u..uEn,,1.1,,1.L a maximum
of 24" in height, no greater than 60 square feet in area and shall be backlit with opaque lettering or
ground lit only.
D. Amend Sec. 110 -4 (b)(4), so that it reads:
(4) Signs made nonconforming by sign code revisions adopted by Ordinance 25, 1999.
Citt.._. n,..._,.:i -- r...... —17 1 Ann
y 14111,11 Vll JU11V 1 /, 1 / //.
E. Amend Sec. 110 -72 (a)(1), so that it reads:
(1) A written petition for such variances shall be filed by the owner of the sign in
question with the city cicrn growth management department, and the city council
shall conduct a hearing on the petition within 45 days of the f1::r1g cf t) c date of
filing, providing all satisfactory information required has been submitted to,the by
Llll. V1L�' 1..V L111N11 growth management department. UV 1LU 111JllVU V., Lllli Y`'Ll LLVlllrl.
F. Amend Sec. 110 -72 (b), so that it reads:
(b) Exceptions and requirements for planned unit developments or planned community
districts
GAShort Range \txt9907.ord.amend.wpd
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date of Meeting: July 1, 1999
Date Prepared: June 24, 1999
Subject /Agenda Item
Resolution 75, 1999 - BallenIsles Parcel 8B (Grand Palm) Entry Feature and Signage
Recommendation/Motion:
Staff recommends approval of Resolution 75, 1999.
Reviewed by: J�
Originating Dept.:
Costs: $
Council Action:
C
Total
City Attorney G9It�
Growth Management
[ ]
Finance NA
�%
$
[ ] Approved w/oomidons
ACM
V
Current FY
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
- Resolution 75, 1999
Site Plans
] Not Required
'Sign Elevations
Submitted by:
Growth Manag m n ect
ected parties
[ ] Notified
Budget Acct. #:
[ ] None '
Approved by:
City Manager
[ ] Not required
REQUEST:
Consideration of approval for Resolution 75, 1999, a request by John Tiffany, agent for
BallenIsles Community Association, Inc., for an amendment to a previously approved site plan
for 31 custom single family home lots on Parcel 8B within BallenIsles Planned Community
District (PCD). The proposed changes to the site plan will affect the entry way, signage, and
landscaping of the project. BallenIsles Parcel 813 is located on the Latest side of Fairwinds
Avenue south of where Fairwinds Avenue ends at the entrance to Parcel 10. (12- 42S -42E)
The BallenIsles Planned Community District was originally approved by Ordinance 8, 1989. The
subject parcel received site plan approval in August 1998 with the passage of Resolution 88,
1998. The subject parcel is designated as low, density and has been approved for 31 custom
single family homes, which is consistent with the land use designation of the parcel.
The subject property is 12.02 acres. The current land use designation for the subject site is
Residential Low (RL), and the subject property is zoned as a Planned Community District
(PCD). The site is surrounded by golf course on the north and west, water and BallenIsles Parcel
6A to the south; and Parcel 8A to the east (see Table 1).
The project will be developed in a single phase. The applicant deferred review of the entrance
feature during site plan approval. The applicant is now submitting the details for the project
entrance signage as well as the entry feature for the City Council's review and approval.
REVIEW PROCESS:
This is a request for an amendment to a site plan within a Planned Community District (PCD).
The City Council reviews the request for amendment to a site plan for consideration of approval,
approval with conditions, or denial.
ACCESS:
Access to the site will be from Fairwinds Avenue, and the surface will be paved with specialty
pavers.
AMENDMENT:
The proposed amendment includes the entry feature (including signage) of the project. The
previous approval did not include the entry feature. The design proposed consists of an entrance
wall sign located in the median of the entrance displaying the parcel's name (Grand Palm).
Surrounding the sign is a proposed water fountain and landscaping (see elevations included in
this report).
The New Construction Committee has signed off on the design of the entrance feature and their
approval letter is attached to this report.
LANDSCAPING:
The previously approved landscaping plans for the entrance area have been revised as a result of
this final signage design to reflect the final island sizes and configurations. A reduction of this
plan is included in this report. In summary, the applicant has reversed the first two medians at
the entrance of the project. Previously the first island was smaller and the second was larger.
Staff has no concerns with this revision.
0)
ENGINEERING:
The City Engineer has reviewed the plans and has added one condition of approval. It requires
that all plans be signed and sealed by a structural engineer.
H%1DTK1]u- IuJ_Wi 1 11i 9XNM
Staff recommends approval of Resolution 75, 1999, a request to amend a previously approved
site plan to allow the construction of a decorative entry feature, subject to the following
conditions:
1. Prior to the release of the landscape escrow monies for Parcel 8B, the Landscape
Architect of Record shall supply the City with three copies of the as -built
landscape plan for the common areas within Parcel 8B. (City Forester)
2. Prior to construction plan approval, all drawings shall be signed and sealed by a
registered structural engineer /architect. (City Engineer)
3
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS
� PETITION BALLENISLES PARCEL 8B °w
Ift E
�
Subject Property :
Planned Community District
BallenIsles PCD, Parcel 8B
(PCD)
RL
North :
Planned Community District
Golf
BallenIsles PCD, Golf Course
(PCD)
G
South :
Planned Community District
Residential Medium
BallenIsles PCD, Parcel 6A
(PCD)
RM
East :
Planned Community District
Residential Low
BallenIsles PCD, Parcel 8A
(PCD)
RL
West :
Planned Community District
Golf
BallenIsles PCD, Golf Course
(PCD)
G
\\MAINSERVER\COMPROG \Short Range \MISC99I S.CC.doc
L,
June 21, 1999
RESOLUTION 75,1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AMENDING
THE SITE PLAN AND LANDSCAPE PLAN FOR PARCEL
8B, GRAND PALM, LOCATED WITHIN THE
BALLENISLES PCD, AS ORIGINALLY APPROVED BY
RESOLUTION 88, 1998, BY ADDING AN ENTRY
FEATURE; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council adopted Resolution 88, 1998, approving a site plan for
Parcel 8B, located within the BallenIsles Planned Community District; and
WHEREAS, the original approval for 31 custom detached homes did not include
approval of an entry feature; and
WHEREAS, an application has been submitted by John Tiffany, agent for BallenIsles
Community Association, Inc., seeking to amend the approved site plan and landscape plan to
include an entry feature; and
WHEREAS, the City's Growth Management Department has reviewed this application
and has determined that the amendment to the site plan and landscape plan is consistent with the
City's Comprehensive Plan and Land Development Regulations.
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 approves an
amendment to Resolution 88, 1998, approving an amendment to the site plan and landscape plan
for Parcel 813, known as Grand Palm, located within the BallenIsles PCD, for the construction of
an entry feature.
Section 2. Said construction shall be consistent with plans on file with the City's
Growth Management Department as follows:
1. April 7, 1999 Layout/Materials Plans, Krent Weiland Design, Inc., Sheet L -1,
L -2.
2. April 7, 1999 Detail Sheet, Krent Weiland Design, Inc., Sheet L -2.
3. June 18, 1999 Preliminary Planting Plan, Krent Weiland Design, Inc., Sheet L -1.
Section 3. Said amendment shall comply with the following conditions:
1. Prior to the release of the landscape escrow monies for Parcel 8B, the Landscape
Architect of Record shall supply the City with three copies of the as -built
landscape plan for the common areas within Parcel 8B. (City Forester)
2. Prior to construction plan approval, all drawings shall be signed and sealed by a
registered structural engineer /architect. (City Engineer)
Section 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
1999
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER SUFFICIENCY.
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
GAShort RangeNISC9915.RE.doc
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TO: ANGELA
FROM: ANNE BOOTH
DATE: JUNE 18, 1999
SUBJECT: BALLENISLES PARCEL 8B
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
At your request, attached are 4 copies of the preliminary planting plan for Parcel 8b. This
plan has been amended to reflect the correct configuration of the entry medians as shown
on the approved site plan.
Should you need any additional copies please let me know.
Cc: John Tiffany
5
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New Construction Committee
Ballenlsles Community Association, Inc.
205 Ballenlsles Circle, Palm Beach Gardens, Florida 33418 -4001 (561)625-5720/(561)625-2637 Fax(561)625-2621
May 6, 1999
Mr. James Norquest
City of Palm Beach Gardens
10500 N. Militrary Trail
Palm Beach Gardens, FL 33418
Dear Mr. Norquest,
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BALLENISLEs
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The New Construction Committee has reviewed and approved the entrance
feature and signage for Grand Palm (Parcel 8b) in Ballenlsles.
Sincerely,
Dorothy D. Williams
Administrator
DDW /vg
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date of Meeting: July 1, 1999
Date Prepared: June 14, 1999
Subject /Agenda Item
Resolution 76, 1999 - BallenIsles Parcels 20A and 20B (Laguna) Entry Feature, Signage, and
Cabana revisions
Recommendation/Motion:
Staff recommends approval of Resolution 76, 1999.
Reviewed by: ✓ �p�'
Originating Dept.:
Costs: $
Council Action:
pK L 6
Total
City Attorney 't ��g, ,,1f
V'
Growth Management
( )
Finance NA
$
[ ) Approved w /conditions
ACM
Current FY
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
'Resolution 76, 1999
'Location Map
'Site Plan
'City Forester Comments
[ ' Not Required
a Cabana Elevations
Submitted by:
Growth Managem nt ec o
fected parties
[ .] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ ] Not required
REQUEST:
Consideration of approval for Resolution 76, 1999, a request by Ted Sabatello of Sabatello
Development Corp. IV, Inc., for an amendment to a previously approved site plan of 70 zero lot
line single family home lots on Parcels 20A and 20B within Ballenlsle's Planned Community
District (PCD). The proposed changes to the site plan will affect the entry way and signage. The
pool cabana building is also being revised, and the landscape plan for the pool area has been
finalized. BallenIsles Parcels 20A and 20B are located on the south side of East Island Avenue
approximately I/2 mile from BallenIsles Drive. (11- 42S -42E)
BACKGROUND:
The BallenIsles Planned Community District was originally approved by Ordinance 8, 1989. The
subject parcel received site plan approval in July 1998 with the passage of Resolution 69, 1998.
The subject parcel is designated as high and medium density and has been approved for 70 zero
lot line single family lots, which is consistent with the land use designation of the parcel.
The subject property is 31.17 acres. The current land use designation for the subject site is
Residential High (RH) and Residential Medium (RM), and the subject property is zoned as a
Planned Community District (PCD). The site is surrounded by BallenIsles Parcels 19, 21, and 29
on the north, the FPL substation and Green Meadows to the south; King Arthur Estates to the
east and Gardens Hunt Club to the west (see Table 1).
The applicant had deferred review of the entrance feature during site plan approval. The
applicant is now submitting details for the project entrance signage, the entry feature, and the
pool area landscaping for the City Council's review and approval.
REVIEW PROCESS:
This is a request for an amendment to a site plan within a Planned Community District (PCD).
The City Council reviews the request for amendment to a site plan for consideration of approval,
approval with conditions, or denial.
ACCESS:
Access to the site will be from East Island Avenue, and the surface will be paved with specialty
pavers.
AMENDMENT:
Proposed Changes
The proposed amendment includes the entry feature (including signage) of the project, the
Cabana building by the pool, and the pool area landscape plan.
1. Entry Feature: The previous approval did not include the entry feature or signage.
The entrance design proposed consists of an entrance wall sign located in the median of
the entrance displaying the parcel's name (Laguna). Surrounding the sign is a proposed
water fountain (see elevations included in this report).
2. Cabana building: The applicant has requested consideration for changes to the
approved Cabana building elevations. The applicant feels that the original elevation will
be too costly for the homeowners to maintain and that the proposed elevations conform to
the approved home designs.
The original approval of the Cabana building only included the front elevation. The
applicant has removed the cupola on the top of the building. All the other original
elements remain including the structural columns and archways around the entire
building (see elevations included in this report) and the proposed colors.
3. Pool Area Landscaping: City Forester Mark Hendrickson has reviewed the plans
and his comments are attached to this report. Mr. Hendrickson and the applicant have
agreed on improvements to the landscape plan. The common area landscaping plans
previously approved will not be revised as a result of this final signage design.
The BallenIsles New Construction Committee has reviewed and approved all of these designs.
ENGINEERING:
The City Engineer has reviewed the submitted plans and has requested that all plans be
signed and sealed by a structural engineer. This request has been added as a condition
of approval.
RECOMMENDATION:
Staff recommends approval of Resolution 76, 1999, subject to the following conditions:
1. Prior to the release of the landscape escrow monies for Parcels 20A and 2013, the
Landscape Architect of Record shall supply the City with three copies of the as-
built landscape plan for the common areas within Parcels 20A and 20B. (City
Forester)
2. Prior to construction plan approval, all drawings shall be signed and sealed by a
registered structural engineer /architect. (City Engineer)
3. Prior to construction plan approval, the applicant shall depict water and sewer lines and
utility easements on the landscape plans and the planting plan. (Seacoast Utility Authority)
4. Concurrent with the installation of the landscaping, the applicant shall demonstrate
to the City Forester that root barriers have been installed to protect the new infra-
structure along the roads, sidewalks and utility lines wherever a Ficus tree is being
planted in close proximity. (City Forester)
5. Concurrent with the installation of the guardrails and associated roadway landscaping,
the applicant shall paint the required guardrail green and plant a hedge
to the satisfaction of the City Engineer and the City Forester. (Planning & Zoning)
3
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS
� PETITION BALLENISLES PARCELS 20A & B °1v
Subject Property :
Planned Community District
Residential Medium
BallenIsles PCD, Parcels
(PCD)
(RM) and
20A & 20B
Residential High (RH)
North :
Planned Community District
Residential Low (RL)
BallenIsles PCD, Parcels 19,
(PCD)
and Residential Medium
21 and 29
(RM)
South
FPL substation & Green
HR8 (Palm Beach County
Residential Medium
Meadows
Residential)
(RM)
East :
King Arthur Estates
HR12 (Palm Beach County
Residential Medium
Residential)
(RM)
West :
Gardens Hunt Club
GAShort Range\MISC9916.CC.doc
LR1 (Palm Beach County)
11
Agricultural
(AR)
June 24, 1999
RESOLUTION 76, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AMENDING
THE SITE PLAN FOR PARCELS 20A AND 20B, TO BE
CALLED "LAGUNA ", LOCATED WITHIN THE
BALLENISLES PCD, AS ORIGINALLY APPROVED BY
RESOLUTION 69, 1998, BY ADDING AN ENTRY
FEATURE, REVISING THE CABANA BUILDING
ELEVATIONS AND THE POOL AREA LANDSCAPE
PLAN; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution 69, 1998, approving a site plan for
Parcels 20A and 20B, located within the BallenIsles Planned Community District; and
WHEREAS, the original approval for 70 zero lot line single family homes did not include
approval of an entry feature; and
WHEREAS, an application has been submitted by Ted Sabatello of Sabatello
Development Corp. IV, Inc., seeking to amend the approved site plan to include an entry feature;
to revise the pool cabana building elevations and the pool area landscape plan and
WHEREAS, the City's Growth Management Department has reviewed this application
and has determined that the amendment to the site plan is consistent with the approved landscape
plan,
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 approves an
amendment to Resolution 69, 1998, approving a site plan to include an entry feature; revising the
cabana building elevations and the pool area landscape plan for Parcels 20A and 20B, known as
Laguna, located within the BallenIsles PCD.
Section 2. Said construction shall be consistent with plans on file with the City's
Growth Management Department as follows:
1. October 13, 1998 Layout/Materials Plans, Krent Weiland Design, Inc., Sheet L -1.
2. April 7, 1999 Detail Sheet, Krent Weiland Design, Inc., Sheet L -2.
3. May 19, 1999 Planting Plan by Krent Weiland Design, Inc., Sheets P -1, P -2, P -3.
4. April 9, 1999 Laguna Bath House Floor Plans by Affiniti Architects, Sheets A1, A2.
5. May 14, 1999 Pool Area Landscape Plan by Sabatello Construction of Florida, Inc., Sheet 1.
Section 3. Said amendment shall comply with the following conditions:
1. Prior to the release of the landscape escrow monies for Parcels 20A and 20B, the
Landscape Architect of Record shall supply the City with three copies of the as-
built landscape plan for the common areas within Parcels 20A and 20B. (City
Forester)
2. Prior to construction plan approval, all drawings shall be signed and sealed by a
registered structural engineer /architect. (City Engineer)
3. Prior to construction plan approval, the applicant shall revise the landscaping and
planting plans depicting water and sewer lines and utility easements. (Seacoast
Utility Authority)
4. Concurrent with the installation of the landscaping, the applicant shall
demonstrate to the City Forester that root barriers have been installed to protect
the new infrastructure, along the roads, sidewalks and utility lines everywhere a
Ficus tree is being planted in close proximity. (City Forester)
5. Concurrent with the installation of the guardrails and associated roadway
landscaping, the applicant shall paint the required guardrail green and plant a
hedge to the satisfaction of the City Engineer and the City Forester. (Planning &
Zoning)
Section 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
MAYOR JOSEPH R. RUSSO
1999
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER SUFFICIENCY.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK _
COUNCILMAN SABATELLO
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Memo to File
From: Mark Hendrickson, City Forester N/4-1
Subject: MISC- 99 -16, BallenIsles Parcels 20A/B Luguna Entry Sig & Landscape Changes
Date: June 9, 1999
I have reviewed the above - referenced petition and visited the site. I have no problem with the
changes to the approved landscape plans. The submittal is more like a construction drawing
which is good. I am working with BallenIsles to improve their PCD buffer landscaping on the
south side where the new road crosses the lake area, so that the County area is better screened
from this Parcel 20 a/b. These new buffer area was not anticipated with the original PCD buffer
plan, but BallenIsles has agreed to. install similar landscaping to what exists in the 25' buffer on
both east and west sides of this area. I have also discussed the following items with the
developer, and we both agree that it would also improve the proposed landscape plan:
Installation of root barriers along the road, sidewalk or utilities where a Ficus tree is being
planted in close proximity to protect the new infrastructure.
2. At the north end of the western lake, there is a turn around area with a guardrail proposed.
Working with the City Engineer, in previous projects, developers have painted the FDOT
style guardrails green and planted a hedge to aesthetically improve these items.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: July 1, 1999
Subject/Agenda Item: Date Prepared: June 20, 1999
Petition MISC- 99 -14. Consideration for Approval. Hampton Inn Sign Color Change. Chip
Carlson, petitioner, is requesting a change in the approved color for the Hampton Inn wall
and ground signs, approved by Resolution 63, 1998. The Hampton Inn is located in the
RCA Park Center, which is within the Northcorp PCD. The subject site is located at the
northeast corner of Northcorp Parkway and RCA Boulevard (1- 42E -42S & 6 -43E -42S)
Recommendation /Motion:
Staff recommends approval of Resolution 77, 1999.
Reviewed b - ( Originating Dept.: Costs: $_0
Total
City Attorney �� Growth Management
Finance (N� /AA
ACM \�i?
Human Res. N/A
Other N/A
Submitt d
by
j� i
Growth an Cement
Director
Approved by:
City Manager
BACKGROUND:
ff -
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
$ 0.
Current FY
Funding Source:
[ ] Operating
[ ] Other, N/A
Budget Acct. #::
Council Action:
[ ] Approved
[ ] Approved w/eondafons
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 77, 1999
[ ] None
Chip Carlson, petitioner, has requested an amendment to the wall sign and ground sign
which were approved for the Hampton Inn hotel in RCA Park Center within the Northcorp
PCD. The subject wall sign is located on the west elevation wall, facing Interstate 95. The
wall sign was approved as "Hampton Inn Blue ". The petitioner is proposing to change the
wall sign color to V2283 Red ". The ground sign was approved at the RCA Boulevard curb
cut with "Hampton Inn Blue" lettering. The petitioner would like to change the color of the
ground sign lettering to V313 Bronze ". The subject property is approximately 2.77 acres
in size and was originally approved on September 3, 1998 by Resolution 63, 1998.
The petitioner originally agreed to blue lettering during the site plan approval process, due
Agenda Cover Memorandum
Petition SP -99 -14
Page 2
July 1, 1999
to Council's concern about maintaining uniform color within the Northcorp Planned
Community Development. The reason for the requested color change is derived from a
corporate decision regarding Hampton Inn's trademark colors.
The City Council has maintained the approval of a consistent color scheme of blue and
bronze for building signage for the past several projects within the Northcorp PCD.
However, there are no code requirements or requirements within the PCD development
order requiring such scheme. The discretion for allowing such a color change is therefore
left to the City Council. The proposed bronze colored lettering on the ground sign is
consistent with other monument sign lettering within the Northcorp PCD.
It should also be noted that two nearby hotels with signage visible from Interstate 95 have
red lettering. These hotels include the Embassy Suites and the Marriott. Red sign color on
the Hampton Inn would be consistent with the nearby hotel signage, maintaining some
uniformity of color.
RECOMMMENDATION:
Staff is recommending that the City Council approve Resolution 77, 1999.
G: \Short Range \misc9914.st.wpd
RESOLUTION 77,1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT OF RESOLUTION 63, 1998 APPROVING A
SITE PLAN FOR LOT 1 OF RCA PARK CENTER TO
PROVIDE FOR A CHANGE TO THE COLOR OF THE WALL
SIGN FACING INTERSTATE 95 AND LETTERING ON THE
MONUMENT SIGN; AND PROVIDING FOR AN EFFECTIVE
DATE;
WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan
for the construction of a 73,483 square foot hotel on 2.77 acres on, lot 1 of RCA Park Center
within the Northcorp Planned Community District by Resolution 63, 1998; and
WHEREAS, the City Council of the City of Palm Beach Gardens has received an
application to amend the approved building wall sign color, facing Interstate 95 from blue to
#2283 red, and to change the approved monument sign lettering from blue to # 313 bronze; and
WHEREAS, the City's Growth Management Department has determined that approval of
said application is consistent with the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA
Section. j .. The City Council of the City of Palm Beach Gardens hereby approves an
amendment to the plans approved by Resolution 63, 1998 to change the color of the building
wall sign facing Interstate from blue to #2283 red, and to change the approved monument sign
lettering from blue to #313 bronze. The building is located on 2.77 acres on lot 1 of RCA Park
Center generally located at the northeast corner of Northcorp Parkway and RCA Boulevard,
within the Northcorp Planned Community District.
Section 2. Construction of said development shall be in accordance with the following
docuents on file with the City's Growth Management Department:
1. June 18, 1999 Site Plan and Sign Elevation, George F. White and Assoc., Sheet A -2
2. June 18, 1999 Elevations, George F. White and Associates, Sheets A -9 and A -10
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1999.
JOSEPH RUSSO, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER SUFFICIENCY.
BY:
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
GAShort Range \misc9914.re.wpd
Resolution 77, 1999
Page 2
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date:,July 1, 1999
Date Prepared: June „14, 1999
Subject/Agenda Item:
Resolution 79, 1999 - Consideration of Approval: Michael Redd & Associates (Team Plan)
Landscape Plan: Northlake Boulevard Corridor Task Force.
Recommendation /Motion:
Staff recommends approval of Resolution 79,1999.
Reviewed by:; I
Originating Dept.:
Costs:
Council Action:
City Attorney_
Growth Management
[ ] Approved
Finance
[ ] Approved Wi conditions
ACM q�;?
[ )Denied
Advertised:
Human Res. N/A
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Other N/A
Council Contingency
Paper:
[ ] Other , N/A
Resolution 79 , 1999
Submitted by:
[ x ] Not Required
Growth Management
Affected parties
Budget Acct. #:
Director
[ ] Notified
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
Michael Redd and Associates have completed the initial landscape plan, which will be
utilized by each participating municipality for the eventual implementation of landscaping,
streetscaping and irrigation along Northlake Boulevard, from Military Trail to US 1. It is a
requirement of the Interlocal Agreement that each municipality approve the landscape plan
prior to any additional action. The next step in implementing this program will be to develop
an overlay zoning district as well as construction plans for the development of the proposed
landscaping and streetscaping.
Staff would like to note that the passage of this resolution in no way commits the City
financially to expenditures related to the continuance of this project. The subject resolution
will only be approving the landscape plan, in concept, which was summarized for you by
the Team Plan presentation which was made before City Council at its June 3 meeting.
Agenda Cover Memorandum
Page 2
July 1, 1999
The associated properties within the Northlake Boulevard 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. This 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.
On August 21, 1997 City Council passed Resolution 57, 1997, which entered the City of
Palm Beach Gardens into an interlocal agreement with the Village of North Palm Beach,
Town of Lake Park and Palm Beach County. This agreement formally formed the
Northlake Boulevard Corridor Task Force. The purpose of this task force is to facilitate the
renovation and /or redevelopment of the Corridor. The interlocal agreement provided for the
contribution of $5,000 to the Town of Lake Park for the initial contract work for the
development of a conceptual streetscaping plan.
On March 3, 1999 City Council approved Resolution 15, 1999, which authorized the
expenditure of an additional $20,000 for the development of a Northlake Boulevard
Corridor Overlay zoning district. This money will be utilized to develop an RFP, retain a
consultant, continued planning expenditures, and for the development of Construction
Plans.
RECOMMENDATION:
Staff is recommending approval of Resolution 79,1999.
/eat
GALong Range \nbctf.st2.wpd
June 21, 1999
RESOLUTION 79,1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A LANDSCAPE AND STREETSCAPE PLAN
FOR THE NORTHLAKE BOULEVARD CORRIDOR FROM
US 1 TO MILITARY TRAIL, PREPARED BY MICHAEL
REDD AND ASSOCIATES (FORMERLY KNOWN AS TEAM
PLAN, INC.) FOR THE GENERAL PURPOSE OF PLANNING
FOR THE REDEVELOPMENT OF THE NORTHLAKE
BOULEVARD CORRIDOR; 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, Resolution 57, 1997 appointed Palm Beach Gardens as a member of a joint task
force with the respective governing bodies of North Palm Beach, Lake Park, and Palm Beach County
for the purposes of facilitating renovation and/or redevelopment of the Corridor;
WHEREAS, this joint task force has retained Michael Redd and Associates to develop a
landscape and streetscape plan;
WHEREAS, the approval of such plan does not commit the City to any further financial
obligations concerning the Northlake Boulevard Corridor Task Force;
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 approves a
Landscape and Streetscape Plan for the Northlake Boulevard Corridor from US 1 to Military Trail,
prepared by Michael Redd and Associates (formerly known as Team Plan, Inc.), for the general
purpose of planning for the redevelopment of the Northlake Boulevard Corridor.
SECTION 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY 1999.
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER,CMC, CITY CLERK SUFFICIENCY.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
\eat
G: \Short Range\nbtcf.res2.wpd
Page 2 - Resolution 15, 1999
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: July 1, 1999
Date Prepared: June 21, 1999
Subject/Agenda Item: Appointment of an Alternate Member on the Northlake Boulevard
Corridor Task Force.
Recommendation /Motion: Staff recommends approval of Resolution 1999.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Attorne
Planning & Zoning
Total
[ ]Approved
Division
ACM
$ 0
[ l Approved w/conditions
Other N/A
Current FY
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[x ] Not Required
[ ] Other N/A
1. Resolution 14, 1999
Submitted by:
Growth Mgt. Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[x ] Not required
BACKGROUND:
In August 1997, the City Council passed Resolution 57, 1997, approving an interlocal
agreement between the City of Palm Beach Gardens, the Town of Lake Park, the Village
of North Palm Beach and Palm Beach County to facilitate the renovation and
redevelopment along the Northlake Boulevard corridor. The Task Force has been meeting
on a regular basis since that time and is currently in the process of completing a plan for
landscaping and other streetscape improvements along Northlake Boulevard.
The interlocal agreement allows each local government to appoint two Regular Members
and two Alternate Members. The current City Council appointments are Vice Mayor
Lauren Furtado and Marty Minor of the City's Planning and Zoning Division as Regular
Members, and Councilmember Carl Sabatello and Edward Tombari, of the City's Planning
and Zoning Division, as the First and Second alternate Members, respectively. However,
Agenda Cover Memorandum
Page 2
July 1, 1999
the position of Regular Member held by Mr. Minor is currently vacant because he is no
longer employed by the City. Staff recommends the vacant positions continue to be filled
by a City staff member.
The City's Growth Management Department is recommending that Steve Cramer, Principal
Planner in the City's Planning and Zoning Division, be appointed to the Northlake
Boulevard Corridor Task Force as a Regular Member to replace Mr. Minor. Mr. Cramer
is a new City employee, who began working for the City in June 1999. He has more than
19 years of professional planning experience. This experience includes working for the
City of Riviera Beach, Palm Beach County, the City of West Palm Beach, and the City of
Naples on the west coast of Florida.
GALong Range \nbctf.st.sk.wpd
June 21, 1999
RESOLUTION 80,1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPOINTING A
REGULAR MEMBER TO THE NORTHLAKE BOULEVARD
CORRIDOR TASK FORCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens approved Resolution 57,
1997, on August 21, 1997, providing for an interlocal agreement, and Resolution 134, 1998,
providing for the appointment of Marty Minor as Alternate Member; and
WHEREAS, Marty Minor is no longer employed by the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. Steve Cramer, Principal Planner, is hereby appointed as an Alternate
Member of the Northlake Boulevard Corridor Task Force, representing the City of Palm Beach
Gardens in the event a regular member is unable to attend meetings of the Task Force.
SECTION 2, This resolution shall be effective upon approval by the City Council.
PASSED AND APPROVED THIS DAY OF
ATTEST:
1999.
MAYOR JOSEPH R. RUSSO
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
LINDA V. KOSIER, CMC, CITY CLERK CITY ATTORNEY
Resolution 80, 1999
Page 1
VOTE: AYE STAY ABSENT
MAYOR JOSEPH RUSSO
VICE -MAYOR LAUREN FURTADO
COUNCIL MEMBER CLARK
COUNCIL MEMBER JABLIN
COUNCIL MEMBER SABATELLO
GALong Range\nbctf.re.sk.wpd
Resolution 80, 1999
Page 2
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