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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.. m (D 2 .Ni O Si Z x C) Co n m w 0 -0 7! 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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, i Re n a� lil TG'D �. ��1/(St Ili �o � Q. Cq-q� 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 W W W �C t` J _Z K W O v C �n a N r Y a� V�•vd �o E � h J � V I \a 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 W 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 N O T N D a 3 9' N' a 0 61 T :' n w O m vl Ca (D e� i a (D O c n 0 A S A 0 I A () S M rD O a � T eD A G cr O A O- A (9 �CL N O QQ O ? G cr o (9 a' f, a c- c a� a A a N a fD �. c X r M m O a A 7 ca a M A a ° ( w CD Q c, A n. n 0 a 0 Z 3 � � o eD Z c ° 3 a- o- c e A Z � O cr O eD -� -+ S D x,30 fl C e. ID M CL w ' a AN, y A M. a 0 03 n �• M W Q1 U�Q U�Q � v � a a' o a �O fO3 v 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 ao LL 0 0 0 C4 cc O = N LL 0 CO .4. H —E 'M L 0 ts 0 CL (L) C/) 0) ri 75 n se 1 ► A (D c 0 06 V) 2 IL 06 06 CL D D M 0: 0: (D O E Z U) w o 06 Q) 0) o O O O 04 75 .................... ... .. . . ....... ........ . . . ........ ... .... ....... .. . ........ .. . ..... . ..... . . ........... E N 3 [C) LL U- 0 U-) U. LL (D (D LL a 2 LL LL CL c> a c-4, cli C, CA m 2 ao LL 0 0 0 C4 cc O = N LL 0 CO .4. H —E 'M L 0 ts 0 CL (L) C/) 0) ri 75 n se 1 ► A (D c 0 06 V) 2 IL 06 06 CL D D M 0: 0: (D O E Z U) w o o N 3 [C) LL U- 0 d) U. LL (D (D LL a LL LL LL C, CA m 2 m (D m m m C, C, ) . 0 0 . 0 0 0 00 C) LO C) 0 80 v g U) O. e! C', N. (D c )-90 0 0 LL MOOLLg 0 U. C11 00 0 0 C? I? rr I? T 0 "N""m N g U) g M g 0 0) g 0 g 9 U) 9 I U) g 0 9 0 9 w 0 9 0 9 0 0 iT 0 9 M 0. Vi v 'T 0 Fw- Fw- 0) 9 LLJ Lli 0- N m v 0 0 r- 0 m �� M of � b) � 0) m N Ci 0O 4 m I I I I I I I 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 c' o 75_ m I I a_ .... . . . .......... ......... .... . . .. . . .. ......... . ..... .. . ............ . . ..... . ..... . . ...... . . . . ...... ... . ........... O N E (U IL O (D c 0 co CL CL CL 0. D m :3 's 75 -d '5 Ol CL (D CL c E :3 0 LL Of LL. 4) C4 to m O N – – – – – m m C-4 CM cli N cli N C4 cli C14 cc L d a a O N Y X ta -V V) = = a Y Y -le a Ad m z F- N C, cm . . ......... . ..... ... ..... .......... .... . . ..................... . . . . . ....................... . ... ....... .. . ... . ................................. . .............. . (D w c uj C4 m -V M (D r, co Cl C, 04 C4 N cm oll C) 0 0 .... . .. . ...... . ........ .... ............. . . .. . . . . . .... . .......... . .... ............................. < 0— rn cy io;3 0 LL 2 (D 0 .1 LL r U. (D 4) m LL LL 1= LL. LL LL .1 LL LL :3 :3 C', m Z3 i� 2 a3 8 i� C', C, C, C, t: 0 0 N CZ4 1 C', rn 0 m 0 c 0 0 0 L, (D c o 2 c 0 c 0 .1 LL 2 2 E (U IL O (D c 0 co CL CL CL 0. D m :3 's 75 -d '5 Ol CL (D CL c E :3 0 LL Of C4 to m – N – – – – – m m C-4 CM cli N cli N C4 cli C14 cc L d a a Y Y X ta -V V) = = a Y Y -le a Ad m z F- cm io (D w c uj C4 m -V M (D r, co Cl C, 04 C4 N cm E (U IL O (D c 0 co CL CL CL 0. D m :3 's 75 -d '5 Ol CL (D CL c E :3 0 LL Of 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 G: \Long Range \var9902.re.wpd JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 2 r ■ it i i i i i i i i ■ s� az m z 70 i m r� i. D n M 4 Ll� If T ■ I � I fQ �y�.ry v 1 ` y NORTHLAKE BLVD. (S.R. 809 -A) ULTIMATE ROW 100' ■ a Gardens Park Plaza g ; Palm Beach Gardens, Florida Existing Ground Signs ■ ■ ■ ■ 1 p `�-C f -i 2. Ia r Cam' jgj�i N C 1 t M: 0 f c CO K ■ Z Z' Z ■ m? ■ No s r mz ■ • ■ ■ D. NO Z ( CT CN I C H N sz rJo� z ` y NORTHLAKE BLVD. (S.R. 809 -A) ULTIMATE ROW 100' ■ a Gardens Park Plaza g ; Palm Beach Gardens, Florida Existing Ground Signs ■ ■ ■ ■ 1 p `�-C f -i 2. Ia r Cam' jgj�i N C 1 t M: r ■ •I •I ■ • ■ I ■ • ■ ■ 0 NORTHLAKE BLVD. (S.R. 809 -A) MT1 ATE ROW 100' ■ ■ a Gardens Park Plaza Palm Beach Gardens, Florida. Existing Ground Signs 0 F N �Z _ m = M : �o -mi D I csi m in r ■ ■ t�J I ■ ■ 0 Zc' Z : f T T TTT -,o mi ■ • teo 'OU) D r m2 • ■ ' C �.l ■ s ■ L1 'Fi rn 3 50 2 Z Z?y CT O I 2'1 0 NORTHLAKE BLVD. (S.R. 809 -A) MT1 ATE ROW 100' ■ ■ a Gardens Park Plaza Palm Beach Gardens, Florida. Existing Ground Signs 0 F N F717 0 ' — 0 0 — —'* —10 1 1 — 0 ' 7 0 7 —8' ■ U U r u � u ■ tt - - -- I p S I ;KZ r ■ rO Y ' Dm • m ■ s I • LJ ■ o I ■ ■ OO ■ c Z m' o 1 iO • mi • NO ■ z0 ■ iTT ^'_ n ■ ■ ■ ■ s ICII ON CN -1x I z1 • � I -- 1� `--i .-00, NORTHLAKE BLVD. (S.R. 809 -A) ULTIMATE ROW 100' ■ ■ Gardens Park Plaza Palm Beach Gardens, Florida Existing Ground Signs ■ I I � � v f�� I I J' i N rt7� D �C D r i �!I : : : I :I �I : ■ I : ■ : : N, a� AZ mZ z � m v0 1. a amr m m I V-� I � l ��� : 1 : : ■�■■� ■ ■yam■■ i ■■�■■�■f��■■ • ■• NORTHLAKE BLVD. (S.R. 809 -A) MTIMATE ROW 100' ■ ■ ■ ■ Gardens Park Plaza $ ; Palm Beach Gardens, Florida Existing Ground Signs v r i I RM a �n r I W y _ �3 ■ ■ z2 K Z; o F mi ■ too A m oca D z0 mZ ■ ■ S ■ ■ a ■ -r y ^ Z 3 R ■�■■� ■ ■yam■■ i ■■�■■�■f��■■ • ■• NORTHLAKE BLVD. (S.R. 809 -A) MTIMATE ROW 100' ■ ■ ■ ■ Gardens Park Plaza $ ; Palm Beach Gardens, Florida Existing Ground Signs v r i I RM a �n r I W 01 II I ■ ■ ■ ■ I ■ i ■ I ■ I ■ ■ ■ ■■■Saama ■ ■ -.. mamma ■■- ■■0 ■ ■ -. ■ -■■ M.... ■ ■- ■ ■Naaaa■■MaNam■ ■ ®■■ / (� r� � LI11�' -1 ■ A mZ • = M m r� nm M ■ ■ l�/ I ■ ZMZ Z ■ -4v ' ■ FrMT MZ ■ NO ' 00 mz � I ■ N / � I 0 Z C ZOI a -1, cyan � N 12 • sZ �) • a �_ i 0 F — NORTHLAKE BLVD. (S.R. 809 -A) ULTIMATE ROW 100' ■ ■ ■ ■ ' 1 I I r {r Est jF g �z rye t rt r tF1 K Gardens Park Plaza :ter ;f3�i; };i N c Palm Beach Gardens, Florida ; 1,xlt{ ' '{ Existing Ground Signs 19 Milt O- t7 is A D r W Fr D� A= ■ m= x m p D 3. _ • >11 '- ■ m m Tff ----- ------------------- ■ r U Lr� I �� • ■ I I ■ I ■ ■ : . o. ■ ■ v, 3 . z? ■ I m ■ Z ■ I ■ �o I 00 ■ mz ■ it wo ■ mz i I ■ ■ Z Z 20♦7 N -1x m z-+ • ■ sz it y_ 111 7. NORTHLAKE BLVD. (S.R. 809 -A) ULTIMATE ROW 100' ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ I ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ■ ■ a Gardens Park Plaza s ; Palm .Beach Gardens, Florida Existing Ground Signs > } i 0 f JI IN I� D z I� n I I I W II ■ ■ ■ ■ I (i ■ 1 I • I ■ ■ 4 4 a mz A z m -4 1. .2 D nm M ■ ■ ■ ■ I ■ i cn 3 • Z m' Z -40 1 zC • mz ■ NO °c ■ mz ■ Fil ■ ■ a ■ n N3 D p p NT �D Z C zoo o A CN -I N -1= m 4 • � i�- NORTHLAKE BLVD. 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D� M = a AZ m nm M A _ I - f o � ■ G to ; ■ G7 O ■ zM Z -4v T T i ■ mi ■ coo o= ■ O (/1 O 3 O ;D Z ZOy y -q_ m Z-i • >_ �a z • .0 I I ■ I ■ ■ • NORTHLAKE BLVD, (S.R. 809 -A) MTMATE ROW 100' • • a� ag a Gardens Park Plaza Palm Beach Gardens, Florida Existing Ground Signs • IT v r c..f,i }ij N r i • • I ■ ■ ■ ■ • ■ I ■ I : • ■ ■ ... UNNIN . ■ ANNIN .. . ■ � ■ ■ ® .. .. r . ■ — ■ ■ Innow . ■ MINN. . ■ .."Mon • • ® .. won 0-� 71J `r ' r- s� �Z mZ x � m S -+. s_ Om r m M -r I r U U I I • ■ ■ i ■ o � • O3 ■ c) O ■ Z 3' T T C —10 • 7JJ ■ mz ■ mo oca -+r > mi ■ co r • L.—J ■ ■ 'Y 3 Z-1 • s NORTHLAKE BLVD. (S.R. 809 -A) UITIM ATE ROW 100' I ■ • I ■ a Gardens Park Plaza Palm Beach Gardens, Florida Existing Ground . Signs AI Zo O v I t �r r��kl�jj�� jL rg) tr' -tt1 ' 1 ?:�r�r¢ =;till }t� 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 AYE NAY ABSENT i d d "v--h-'-Longwoo Co= It. �' Z' .44 Garde WL A.h. IN �' Z' .44 Garde WL A.h. TRANSMITTAL 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 ./ Gsrdells �1Y - auN 1� �s9s GRUW�N j_ DEPARIMENJ %. J 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West P61m Beach, Florida 33409.6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 m ww tm, �z d� r� �b z� dz �r ro� b r z J \ 00 \ o - \\ N \ J \ (A) \ 01 \... � \ 1 I 00 � D O OR s • '• .;Ifi�'��!+��s, 1 Rif M 00 J w �w T n 9 D 1 0 s = � N L i y i FG a a r� x. w Kxw • z,rr .L�zN� eae bib � • • '� x j M. 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DE�7GN DINC LMVGCAM AROITEECTLM WOO ftr try CkV W, &1W 2 WOO P6M 8"CK FL 0.1414 TEL., MO 790 -7796 FAX- (6M)700-7006 E-/4-6 It, .w0r,4Kt.~ U L UL 0 CO U co ^U1 0- W m PRl1T DATE II /1'WW REVI ONS- DRAWN BY, DM PLE DRAWND TITLE IAYO U T/ MATE1-kIPALS RAN 8 EET Nor � en..I a L -�I }) % � 9 !\ � � ,a J } \ z 7 � R a \ � Z 2 » § N & � e } \ | * .. . 47 \ M | 2f � .� . f lot . y !� «4 ;i2- - }) % � 9 !\ � � ,a J } \ z 7 � R a \ � Z 2 » § N & � e } \ | * .. . 47 M | 2f .� . f lot . y !� «4 [7 47 M | 2f .� / I 4 . \ % § \| §|9| �Bae +e Country Cu . > .!� ParcG 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, oO�Oa���a 5-Oo�oO BALLENISLEs N l Y' "I var V 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 GAShort Range\MISC9916.RE.doc o i' PGA Blvd. NOM omf Aft > ::: _ Ilk 1640 4 m` %.iR! ,kit ��- � 1 i� ,� ,• �O 1 r k . ,$ {fir 4y fill, ;,; f r hit 1'ti`� 9 NION. i I �i s r ytlr (PGA National Golf Club Estates 6, f ` t 75 �. r� a, 1 t t : , Ibt " hit 1'ti`� 9 NION. i I �i s r ytlr (PGA National Golf Club Estates 6, f ` t 75 �. a, I I hit 1'ti`� 9 NION. i I �i s r ytlr (PGA National Golf Club Estates 6, f ` t 75 �. I .I y II I! . 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SIDEWAL ............. eeeeee 8.6 34 EXISTING PINE TYP w CABANA 0* END FPL EASEMENT FENCE OF 6' in 25' PC D BUFFER am sm Il - 11 4m 4111b 11 1-- all, 4M am 'mp 06 UNDERGAOUND. A EN M T TRANSMISSION. AND ►. _. 7-�AFEI.. DISTRIBUTION LINES en ■ In LAK ZONED: RM E T7wwLw.. ---- --------- It 163i CON AF LAND A7 let Rpst CQ I a it U) a X c4b a a Ed d Ed Ed A LEELI L(LCCCC( i J I I QQ Z O H a W J W a W m all 1.. V _ 1 1 U�I b) �I Cliff 0 W J W Z O ix Y.. 0 z O w a w A W O a O �4 a, I PROPOSED ELEVATIONS RIGHT ELEVATION i LO L'1VP- Cv%u_ bO AQ /aLiWAL.$ 1:4 eACr3>ru llst PALM PNO ►x ROM!,EWW U2 .. L42loplz L12i0P� �11k"2G�EE ..G1l�t Ii 12.Y.12" bZ3 .. I2 ".O..C,..... qp..q. Qr:z ,.1 i3SUd SYP3�GU:5 YAMi 52oF�GiSkJil ' i8t:24� ..1:2. ::::1! 11U:Y h :nwnavtu....v.►�stu:rl.... :1/►E3U21JUNi- _.iilUru t06 D2�I:SG� t31QD �bl?►,DISC STP�L.l:CZ1n: 7�it..1!�" .. .: 3'r3' ,to ".:. :.: . (�k./1V.`� :CO_ 0000►JVT .G2k-�u :Mr�11��2i`;t.3:_.. �bCbS lJUCtF�P.i1 ":G¢�t;�� 4:::$ :+;W ..ia..... CtXVi✓��k5 rx- ►iwD�aptzor.� (�iLO��t11se�1' .5�.o�M :2r2' : ?0 3:'O:G�. !sl UID15w5 `SEMtuc?L�_ Plut:,� �4tt3i5cUS RIJ.;Ja -StI�E1JS "i5 . ' 2' *i$ "' "59 2' i'.C: 1?P ROI?fit_....PAL -M P ?5—( rJ t:.tA74._. 5_&.w...12._ :..M M4 F-D. }i1 li�SN(lWl -' 446Mmom -n lz>=n 71 pun>JY cOPM�U L `Ee IjAUS .. _ b , .:� ":S STW5 SL AU Uuvt= 'SWSQ�> �Y P�tJcifsla �. 5'S[v�a�it� ` I# �� 1�' " 6 W: B EU >_UG�wV1 EUGS:util MPXIu� 3'r l8, 79 C2 CU;IUtlt U "L .. r -wl^_ tvt��Tt to lA 5.:•.:2 : "33. .7t N✓ a O,C NOUC5 /jt.L Plnt2Tit 1G /\S2I�n5 70 W&tJC 22: OZ iCkPMSS:; ML)La ! /\U- PLAQTS TO tar- PLn. G AOT-2 1 aZ tx�M -Z LAwo 7o T�E- i= LozrrAm �D o eViCCL 1 9At LAI, m WAUC nurPAfS Lft. oC....I�S`�' : I(P CAt . V APws c2AC�-E�... . . 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 IY � I 1 „nor --� .i ". �• 1 y Owao GynV . WFMFANORNWR A I _ d � G �� i Ail- b � G �� i Ail- I X97 , ',�J� 2 'v O c. v W Z 2V ~ N O �1 LL �a Z W� v� AM m N CL rte, 0 m m v 1 qVI I Ilk t E m Z N C d r co �E E.� E � o �. 0 o L d U N�= Nt�O,fO.+ 'o �� rn CU d N d N I CM '� 'E �(�E �*,W .Q O O .0 �00�C co o V d E E i :3 2 C o l 1 qVI I Ilk t E m Z N C d r co �E E.� E � o �. 0 o L d U N�= Nt�O,fO.+ 'o �� rn CU d N d N I CM '� 'E �(�E �*,W .Q O O .0 �00�C co o V d E E i :3 2 C o