HomeMy WebLinkAboutAgenda Council Agenda 052198All those wishing to address the City Council need to complete the necessary form (supply Iota
back of Council Chambers) and submit same to the City Clerk prior to the meeting being c�
order.
CITY COUNCIL REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 21, 1998
7:30 P.M. Revised 5/20/98
PLEDGE OF ALLEGIANCF
II. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Councilman Jablin, Councilman Clark
Councilman Sabatello
II1. ANNOUNCEMENTS
Monday, May 25, 1998, Administrative Offices Closed - MEMORIAL DAY
Tuesday, May 26, 1998, 7:30 p.m., Planning and Zoning Commission
Thursday, May 28, 1998, City Council Special Meeting
IV. CITY MANAGER REPORT
1. Oath of Office - Police Officers: Robin Pleasant, James Wilkerson, Mark Zakian, Gerald
Propst.
V. PRESENTATIONS
VI. AWARDING OF BIDS
VII. ITEMS BY MAYOR AND COUNCIi,
VIII. COMMENTS FROM THE PUBLIC: (Please submit request card to Clerk prior to this Item)
IX. CONSENT AGENDA.
1. Appproval of Minutes of 5/7/98 City Council Regular Meeting.
2. Resolution 41, 1998 - Consideration of Approval Providing for an Amendment to Section
OIII of the Palm Beach County Law Enforcement Agencies Combine Operational Assistance
.[ and Voluntary Cooperation Mutual Aid Agreement.
J 3. Resolution 42, 1998 - Consideration of Approval Providing for Approval of the Local
Mitigation Strategy Inter -Local Agreement between Palm Beach County and Palm Beach
Gardens.
4 Resolution 44, 1998 - Consideration of Approval of Plat of Damerau Office Building.
5. Resolution 45, 1998 - Consideration of Approval Ratifying the Employment Contract
Addendum Between the City of Palm Beach Gardens and the Professional
Firefighters/Paramedics of Palm Beach County, Inc., for Fire Captains, Fire Lieutenants and
EMS Captains.
X. ITEMS FOR RECONSIDERATION
va of Minutes of 4/16/98 City Council Regular Meeting. ��LOe.`
XI. PUBLIC HEARINGS:
XH. USOLUTIONS:
Resolution 46, 1998 - Consideration of Approval of a Site Plan for the Construction of an
Office Building on 4.68 Acres on Lots 10 and 11 of South Park Center
within NorthCorp Planned Community District; Providing for Waivers;
Providing for Conditions of Approval.
CITY COUNCIL REGULAR MEETING 5/21/98
XII RESOLUTIONS: (Cont'd)
Resolution 47, 1998 - Consideration of Approval of a Site Plan for the Construction of 31
0 Custom Single Family Home Lots on 19.92 Acres on Parcel 10 in the
Ballenlsles Planned Community District; Providing for Waivers.
XIII. ORDINANCES:
Ordinance 6, 1998 - Amending Article IV of Chapter 2 of the City's Code of Ordinances
Entitled "Code Enforcement" by Providing for Code Enforcement
Proceedings to be Conducted by a Special Mater; by Repealing Section
2 -186 Entitled "Definitions "; by Amending Section 2 -187 Entitled
risdictions "; by Repealing Division 2 of Chapter 2 Entitled "Code
V- nforcement Board" and Replacing it with a New Division 2 of
,Chapter 2 Entitled "Special Master "; by Amending Division 3 of
Chapter 2 Entitled "Procedure for Enforcement of the Code
Enforcement Board "; by Amending Section 2 -261 Entitled "Issuance
of Citation' (Workshop /Consideration of First Reading).
Ordinanne 11, 1998 -
I 0
Ordinance 12, 1998 -
Providing for an Amendment to Section 38 -88, Subparagraph (a) of the
Code, Entitled "Codes and Standards Adopted" of Chapter 38 Entitled
"Fire Prevention and Protection", to Update References to Standard
Codes (Consideration of First Reading).
Providing for Approval of the Petition of Pulte Home Corporation for
Rezoning of 14.47 Acres of Land Located at the Northeast Corner of
Lone Pine Road and Easterly Avenue,' /2 Mile West of Prosperity Farms
Road to a Planned Unit Development, in Order to Construct 65 Zero -
Lot Line Homes; Providing for Consideration of Approval; Providing
for Waivers; and Providing for an Effective Date (Consideration of First
Reading).
XIV. ITEMS FOR COUNCIL ACTION
1. Consideration of Approval of Stipulation for Settlement, Ensinger vs. City of Palm Beach
Gardens. C-`< ��
XV. ITEMS FOR DISCUSSION
1. Interlocal Agreement with P lrrt each County which provides provisions for enforcement
of Ordinance 97 -56 within q of Palm Beach Gardens
XVI. CITY ATTORNEY REPORT
XVII. ADJOURNMENT C 1 6
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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.
2
MEMO
To: Mayor and City Col
i
From: Bobbie Herakovic ity Manager
Subject: May 21, 1998 Agenda
Date: May 20, 1998
The City Attorney has advised that the consideration of approval of the Stipulation
for Settlement, Ensigner vs. City of Palm Beach Gardens should be listed under
"Items for Council Action ". Back -up material is attached.
v.31aa, as air. ao.or rAA
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 97- ;3702- CIV- Ungaro- Benages
STEVE ENSINGER,
Plaintiff,
V.
CITY OF PALM BEACH GARDENS,
Defendant.
STIPULATION FOR SETTLEMEN' f
Plaintiff, STEVE ENSINGER [hereafter "Mr. Ensinger 1, and defendant, CITY OF
PALM BEACH GARDENS [hereafter "the City"], by and thro lgh their respective under-
signed attorneys, do hereby stipulate and agree that
1. The Fourth Amended Complaint filed originally in the Fifteenth Judicial Circuit
of the State of Florida and removed to this court by the City on September 8, 1997, pur-
suant to 28 U.S.C. §1441 & §1446, shall be dismissed, with prejudice, and the claims and
substantive allegations set forth in such complaint may not bi: refiled or restated against
the City by Mr. Ensinger in any other case or proceeding, neitt er in this court in any court
of the State of Florida, nor elsewhere.
2. The City has not made, offered, nor extended any promises or assurances
of any kind to Mr. Ensinger concerning his present or future employment by the City.
3. Mr. Ensinger hereby voluntarily and expressly w2 ives any and all other claims
which he now has or could have against the City or any of its :staff or employees, past and
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present, related to his past or present employment by the City, but without prejudice to any
claim that he may have in the future related to employment t y the City after the date on
which this stipulation for settlement becomes final through entry of an order by this court
dismissing all pending causes of action with prejudice.
4. The entry into this stipulation for settlement is not intended to reflect upon the
merits of any claims raised by Mr. Ensinger in this case and is not an admission of liability
or wrongdoing by the City, but is only a resolution which t oth parties perceive to be
mutually beneficial, in lieu of continued litigation of this case.
5. The parties shall pay their own respective attorn :y's fees and costs, except
that Mr. Ensinger shall not hereby forfeit his recourse again: t a third party as to certain
attorney's fees and costs, as provided in the following paragraphs of this Stipulation.
S. The court shall retain jurisdiction to resolve Mr. Ensinger's right to recover
attorney's fees and costs against the law firm of Allen, Norton & Blue, P.A. (or any in-
dividual attorney presently or formerly employed by such law firm), pursuant to the order
entered by United States Magistrate Judge Linnea Johnson an April 24, 1998, and any
preceding order(s) entered by any Circuit Judge(s) of the :Mate of Florida concerning
assessment of attorney's fees and costs related to this case.
7. Mr. Ensinger shall retain his right to pursue airy claim that he may have
against the law firm of Allen, Norton & Blue, P.A. (or any indi iidual attorney presently or
formerly employed by such law firm) in this court, in any other :ourt, and before any other ;
tribunal or forum where he may elect to pursue it, but without a claim of any kind whatso-
ever against the City nor any recourse whatsoever against tho City related to such claim,
regardless of the outcome.
8. The terms and conditions of this stipulation for s:
P ttlement are mutually inter-
dependent and not severable.
WHEREFORE, Mr. Ensinger and the City jointly request that this honorable court
enter an appropriate order consistent with the aforesaid pro%isions of this Stipulation for
Settlement.
Respectfully :submitted,
Feingold & K: rn
Attorneys for Plaintiff Ensinger
603 Village B vd., Suite 302
West Palm Boach, FL 33409
(561) 686 -19115
By:
David .1. Feingold, Esq.
(Fla. Bar No. 892823)
Watterson, Hi ►land & Klett, P.A.
Attorneys for Defendant City
4100 RCA Blvd., Suite 100
Palm Beach ('ardens, FL 33410 -4247
(561) 627 -5000
By:
David A. Acton, Esq.
(Fla. Bar No. 246859)
PAMHISToRyNi 11 T10.DOC(319.032)
ICJ 005
STEVE ENSINGER,
Plaintiff,
V.
CITY OF PALM BEACH GARDENS,
Defendant.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 97- 3702- CIV- Ungaro- Benages
STIPULATION FOR SUBSTITUTION OF CQUNSEL
IT IS HEREBY STIPULATED and agreed by and between th a undersigned counsel that the
law firm of Allen, Norton & Blue, P.A., be permitted to withdraw as counsel of record for the CITY
OF PALM BEACH GARDENS, Defendant, that said fine be relieved of all further professional
responsibilities regarding this matter, and that the law firm of Watti:rson, Hyland & Kiett, P.A., be
substituted as counsel of record for said CITY OF PALM BEACF GARDENS, Defendant. It is
requested that all pleadings, motions, etc. be sent to Davld A. Acton, Esquire at Watterson, Hyland
& Klett, P.A., 4100 RCA Boulevard, Suite 100, Palm Beach Garde is, Florida 33410.
Dated this day of May, 1998.
ALLEN, NORTON & BLUE, P.A.
121 Majorca, Suite 300
Coral Gables, FL 33134
ROBERT L. NORTON
Florida Bar No. 0128846
WATTERSON, HYLA1 dD & KLETT, PA-
4100 RCA Boulevard, Suite 100
Palm Beach Gardens, FL 33410
DAVID A. ACTON
Florida Bar No. 24685 9
AGREED AND APPROVED TO THE FOREGOING:
BOBBIE HERAKOVICH, City Manager
City of Palm Beach Gardens
PAC 'W IST0RY\1117%12-DOC(315 -032)
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MAY 7, 1998
The May 7, 1998, Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order at 7:30 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, and Councilman Carl Sabatello. Councilman David
Clark was absent. Councilman Eric Jablin arrived at the meeting at
7:45 p.m.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted and as
listed on the agenda.
REORDER AGENDA Councilman Sabatello made a motion, seconded by Vice Mayor
Furtado, to reorder the agenda to first consider the Consent Agenda.
The motion passed by a 3 -0 vote.
CONSENT AGENDA Councilman Sabatello made a motion, seconded by Vice Mayor
Furtado, to approve the Consent Agenda. The motion was
unanimously carried. The following items were approved on the
Consent Agenda:
1. Minutes of 3/26/98 City Council Workshop.
2. Minutes of 4/2/98 City Council Regular Meeting.
3. Minutes of 4/16/98 City Council Regular Meeting.
4. Proclaiming Sybil Michelson as "Ms. Senior Florida ".
5. Proclaiming May 17 -23/98 as National Public Works Week.
6. Resolution 38, 1998 - Providing for an expression of support
by the City Council for immediate construction of pathways
and sidewalks at 4 locations within the City; and providing
for authorization to apply for the funds for such construction.
7. Resolution 39, 1998 - Providing for support of the extension
and double tracking of Tri-Rail and using the Florida
Department of Transportation to fund these efforts as a
priority before the funding of the High Speed Rail.
CITY COUNCIL REGULAR MEETING, 5/7/98 2
PRESENTATIONS I. Mayor Russo made a Presentation of Proclamations
to Members of Girl Scouts Cadette Troup #11.
2. Mayor Russo made a Presentation of a Proclamation
to Sybil Michelson, Ms. Senior Florida.
4. Mayor Russo presented a Certificate to John J. Sheetz
for achieving Eagle Scout Rank.
5. The City Manager and Mayor presented Teamwork
Awards to employees for performing duties beyond
normal job requirements.
CITY MANAGER REPORT The City Manager reported that the Golf Digest project was
back on schedule and discussed the possibility of a joint
meeting with the City's Planning and Zoning Commission in
an effort to save time in the approval process. Members of
the City Council were opposed to a joint meeting and directed
that the 5/28/98 agenda include Golf Digest. The City
Manager discussed several mistakes in recent newspaper
articles, including Congress Avenue extension and problems
at the Municipal Golf Course. She reported that the state
legislature recently passed a bill amending police and fire
pensions that would result in a large expense to the City.
Mrs. Herakovich stated that the bill was now before the
Governor for his signature and contact was being made to
urge him to veto the bill.
ITEMS BY MAYOR AND
CITY COUNCIL
Vice Mayor Furtado Vice Mayor Furtado asked that the City take a proactive
stance re: Congress Avenue. Vice Mayor Furtado also
stated that employees should be warned that any use of
AOL at the City would result in termination.
Mayor Russo Mayor Russo questioned Code Enforcement staffing, stating
that he wanted a fully staffed department so that code
enforcement would continue successfully in the City.
Councilman Sabatello Councilman Sabatello reported he attended a meeting of the
Planning and Zoning Commission and a meeting of the Code
Enforcement Board, and added that both boards were running
smoothly.
CITY COUNCIL REGULAR MEETING, 5/7/98 3
Councilman Jablin Councilman Jablin reported he attended a meeting of the Municipal
League that was hosted by the City.
Mayor Russo Mayor Russo reported that he attended the International Tennis
Federation opening ceremony and attended a meeting of the Tennis
Committee. Mayor Russo expressed his concern with overtime in the
City's budget and stated that during the budget process he will expect
information as to whether it would be in the best interest of the City
to hire an additional employee in those departments with high
overtime.
Asbestos Abatement Vice Mayor Furtado made a motion, seconded by Councilman
Sabatello, to approve the awarding of the bid for Asbestos Abatement
at the Central Fire Station to Simpson and Associates in the amount
of $9600. The motion was unanimously carried.
Roof Structure - Fire Dept. Vice Mayor Furtado made a motion, seconded by Councilman Jablin,
to approve the awarding of the bid for roof structure for the Fire
Department (Church) to Metal Shelter Products in the amount of
$19,101. The motion was unanimously carried.
COMMENTS BY THE
PUBLIC
Michael Martino
Ari Brown
PUBLIC HEARINGS:
Ordinance 5, 1998
Michael Martino, 320 Balsam, addressed the City Council concerning
newspaper articles and the City's audit.
Ari Brown, 3339 Pine Hill Trail, addressed the City Council with a
request for a playground at the proposed Municipal Tennis Complex.
Mayor Russo declared the Public Hearing open, which was duly
advertised 4/22/98, and held on the intent of Ordinance 5, 1998,
providing for amendment of Section 78 -2 of the Code of Ordinances,
entitled "Definitions ", by amending the definition of "restaurant" and
by adding a definition of "outdoor seating "; providing for enactment
of Section 110 -44 of the Code, entitled "Menu Boards"; providing for
amendment of Section 118 -44 of the Code entitled "Administrative
Amendments to Approved Development Plans ", by adding a
provision for enactment of Section 118 -311 of the Code, entitled
"Outdoor Seating ".
There being no comments from the public, Mayor Russo declared the
CITY COUNCIL REGULAR MEETING, 5/7/98
4
Public Hearing closed. Vice Mayor Furtado made a motion to
approve amendments to Ordinance 5, 1998, seconded by Councilman
Sabatello and unanimously carried.
Vice Mayor Furtado made a motion to adopt Ordinance 5, 1998, and
to place same on second and final reading, by title only. The motion
was seconded by Councilman Jablin and unanimously carried. The
City Clerk read Ordinance 5, 1998, by title only, on second and final
reading.
Ordinance 8, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/22/98, and held on the intent of Ordinance 8, 1998,
providing for an amendment to Section 46 -33 of the City Code of
ordinances entitled "Appointment and Terms of Office" to increase
the term of office of each member of the Parks and Recreation
Advisory Board to three years, providing for an amendment to
Section 46 -34 of the Code entitled "Duties" to hold regular meetings
of the Board every other month.
There being no comments from the public, Mayor Russo declared the
Public Hearing closed. Councilman Jablin made a motion, seconded
by Vice Mayor Furtado, to adopt Ordinance 8, 1998, and place same
on second and final reading, by title only. The motion carried
unanimously. The City Clerk read Ordinance 8, 1998, on second and
final reading, by title only.
Ordinance 9, 1998 Mayor Russo declared the Public Hearing open, which was duly
advertised 4/22/98, providing for amendment of Section 106 -26 of
the Code of Ordinances entitled "Definitions" by amending the
definition of development, providing for amendment of Section 106-
29 of the Code entitled "Fee Imposed on Developments ", providing
for repeal of Section 106 -30 entitled "Eligible Projects ".
There being no comments from the public, Mayor Russo declared the
Public Hearing closed. Vice Mayor Furtado made a motion to adopt
Ordinance 9, 1998, and to place same on second and final reading, by
title only. The motion was seconded by Councilman Jablin and
unanimously carried. The City Clerk read Ordinance 9, 1998, on
second and final reading, by title only.
RESOLUTIONS:
Resolution 19, 1998 Mayor Russo read a letter into the record from Woodland Lakes
CITY COUNCIL REGULAR MEETING, 5/7/98
6i
Property Owners Association requesting that Resolution 19, 1998 be
removed from the agenda. It was the consensus of the City Council
to continue with this item, as it did not affect any final votes by the
Council for approval of the project.
Elliott Catarack, resident of Woodland Lakes, verified that the
association met and discussed this item, approving the contents of the
letter read by the Mayor.
Steve Mathison, attorney for Charming Corporation, stated that his
client requested that the City Council continue with the agenda as
prepared. Mr. Mathison stated that there were requirements that the
project must be built as approved and those requirements would be a
covenant for the next 20 years.
Jay Adolph, 10629 Hickory Drive, addressed the Council stating that
he was comfortable with Resolution 19, 1998, for concurrent
processing.
Lynn Huber, 4365 Hickory, addressed the Council stating that she
was in favor of Resolution 19, 1998.
Lois Kapica, 11811 Avenue of the PGA, addressed the Council
stating her support of Resolution 19, 1998.
Michael Martino, 320 Balsam Street, addressed the City Council
outlining past Council promises made to residents in the area of the
proposed development that stated the area would remain residential
only.
Vice Mayor Furtado made a motion, seconded by Councilman Jablin,
to approve Resolution 19, 1998, approval of a Development
Agreement between the City and Channing Corporation XXX for
property known as "The Commons ", Parcels 1, 2 and 3. A question
arose as to possible litigation by the petitioner should the project not
be approved by the City Council. Vice Mayor Furtado withdrew her
motion, and Councilman Jablin withdrew his second to the motion.
Attorney Steve Mathison suggested, and the City Council agreed, to
add the following condition to the Developer's Agreement:
" Channing Corporation waves any right to sue the City regarding
anything arising from this agreement ".
CITY COUNCIL REGULAR MEETING, 5 /7/98
Vice Mayor Furtado made a motion to approve Resolution 19, 1998,
as amended. Councilman Jablin seconded the motion, which
unanimously carried.
ORDINANCES:
Ordinance 7, 1998 Councilman Jablin made a motion, seconded by Vice Mayor Furtado,
to place on first reading, Ordinance 7, 1998, providing for
amendment of Section 118 -38 of the Code of Ordinances, entitled
"Submission of Application ", by adding provisions regarding the
concurrent processing of petitions. The motion was unanimously
carried. The City Clerk read Ordinance 7, 1998, by title only, on first
reading.
Ordinance 10, 1998 Councilman Jablin made a motion, seconded by Councilman
Sabatello, to place Ordinance 10, 1998, providing for amendment of
the Site Plan for the Planned Unit Development known as
"Steeplechase ", on first reading, by title only. The motion was
unanimously carried. The City Clerk read Ordinance 10, 1998, on
first reading, by title only.
ITEMS FOR COUNCIL
ACTION
District Park Site
The City Manager reported staff had negotiated a purchase
agreement for acquisition of land from the MacArthur Foundation for
a district park site. Response to discussion regarding the possibility
of closing the agreement after the 60 -day review period was that the
MacArthur Foundation was letting the City use the land for two years
free and allowing them to build on it. The City Manager advised that
an environmental assessment had been completed and revealed no
prior uses which would hinder use of the property for the purpose
intended.
Councilman Jablin made a motion to authorize the Mayor and City
Manager to enter into a lease purchase agreement with the MacArthur
Foundation commencing May 8, 1998 and continuing through May
8, 2000 for 33.32 acres of land for a park , seconded by Vice Mayor
Furtado, and unanimously carried 4 -0
Tennis Center The Evaluation Committee had evaluated presentations from three
firms experienced in the design build method which had been chosen
for construction of the proposed tennis center, and recommended
authorization of the City Manager to negotiate and enter into a
CITY COUNCIL REGULAR MEETING, 5/7/98
ITEMS FOR DISCUSSION
NAMAC Report
VA
7
contract with Recreational Design and Construction, Inc., of Ft.
Lauderdale, Florida in an amount not to exceed $1.1 million. The
design build process was explained. In response to how under this
process the City could be assured they were not paying too much, Joe
Serone with Recreational Design and Construction, Inc., explained
the team concept of building without cost overruns, and with the
advantage of speed, and recommended certain provisions be placed
into the contract. Councilman Sabatello stated it was his
understanding that there would be line items with specific amounts
to equal the total contract, and if items came in less that would be a
savings to the City. The City Attorney explained that this process
required the municipality to have some basic knowledge as to how
much the project cost; and the City Manager listed the negotiation
qualifications of staff members. Sources of funding to be spread over
2 fiscal years were discussed, as well as the desire to obtain a quality
product.
Councilman Jablin made a motion to authorize the City Manager to
enter into negotiations with Recreation Design and Construction, Inc.
of Ft. Lauderdale to build a tennis center in an amount not to exceed
$1.1 million. The motion was seconded by Councilman Sabatello,
and unanimously carried 4 -0.
Fire Chief Peter T. Bergel provided a history of the NAMAC group,
whose operations included Fire, Police, and hazardous materials.
Chief Bergel reported that a feasibility study exploring the
possibilities of a centralized dispatch for participating members had
been completed. Fire Chief Bergel reported that Palm Beach Gardens
dispatch was currently provided by Palm Beach County Fire Rescue
at a good price, and that NAMAC was not anticipated to greatly
impact the City's operation, which included an automatic aid
agreement with Palm Beach County Fire Rescue in which the closest
unit for response was located via satellite. Impacts to the City
resulting from Palm Beach County's plans to close Station 16 were
discussed. The Frenchman's Creek development's need for a south
gate to increase response time was discussed. Fire Chief Bergel
expressed his opinion that the City should be able to negotiate a better
price with Palm Beach County Fire Rescue for services, and felt that
the City's participation in NAMAC was beneficial to the other
NAMAC members because of Palm Beach Gardens' resources, and
explained that NAMAC's calls to the City were very few.
CITY COUNCIL REGULAR MEETING, 5/7/98
A
MacArthur Foundation
Comments on Comp Plan Principal Planner Kim Glas reviewed staff recommendations to
comments made by the MacArthur Foundation. Joe Ivey, with the
planning firm of Ivey, Harris & Walls, explained that the MacArthur
Foundation's position on eliminating the requirement for residential
land use in a mixed use development was that their market, as well as
the City's, would be drastically narrowed. Mr. Ivey requested City
Council approval to work with staff to find a resolution that could
work for both the MacArthur Foundation and the City regarding this
issue. After discussion, staff was directed to go through the maps and
designate residential areas. Mr. Ivey requested discussion with staff
regarding how the MacArthur Foundation might overcome the DCA
requirement to have at least two different land uses for special
circumstances when agreed to by staff. Mr. Ivey requested that
previously approved projects be vested for densities. Further research
on this item was directed. Ms. Glas explained that waivers could be
requested to professional office height limits. Ms. Glas commented
that MacArthur Foundation desired the ability to provide private
roads in the conceptual thoroughfare plan, and staff `s position was
that this plan was for public roads and recommended any roads not
appropriate for public roads be eliminated. Mr. Ivey requested
ability to work out with staff when on- street parking would be
appropriate, rather than including it within the Comprehensive Plan.
Staff was directed to come to City Council if they believed flexibility
should not be given. Ms. Glas commented that staff did not
recommend reduction of the parkway easement because it would
reduce the amount of native vegetative area which made it a Florida
Greenway, and the Comprehensive Plan already allowed flexibility
in averaging the easement to accommodate meandering situations. It
was agreed that Mr. Ivey would be shown the Excavation and Fill
code currently under revision to answer the MacArthur Foundation's
concerns regarding commercial mining and allowing removal of fill
from the Loxahatchee Slough. Mr. Ivey was directed to discuss
additional issues of concern with staff.
CITY ATTORNEY
REPORT City Attorney Acton commented that the Excavation and FiII code
had been addressed, drafted, and was currently undergoing staff
review. The City Attorney advised that since the last meeting the
Circuit Court Appellate Division had issued an order to show cause
in the NorthMil matter, and a response on behalf of the City would
be filed before the June 8 deadline.
CITY COUNCIL REGULAR MEETING, 5/7/98 9
ADJOURNMENT There being no further business to discuss the meeting was adjourned
at 11:30 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
May 11, 1998
RESOLUTION 41, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF AN AMENDMENT TO THE PALM BEACH
COUNTY LAW ENFORCEMENT AGENCIES COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF
OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the law enforcement agencies have the authority under Section 23.1225, Florida
Statutes, et. seq. to enter into a combined mutual aid agreement for law enforcement services;
WHEREAS, the City Council of the City of Palm Beach Gardens entered into the Palm
Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement which was approved by Resolution 77, 1997;and
WHEREAS, the Palm Beach County Association of Police Chiefs has recommended an
amendment to Section III of the Palm Beach County Law Enforcement Agencies Combined
Operational Assistance and Voluntary Cooperation Mutual Aid Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS.
Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment Section III of the Palm Beach County Law Enforcement Agencies Combined
Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, attached hereto as
Exhibit "A ".
Section 2. The City Council hereby authorizes and directs the Mayor to execute the
amendment to the Palm Beach County Law Enforcement Agencies Combined Operational
Assistance and Voluntary Cooperation Mutual Aid Agreement on behalf of the City of Palm Beach
Gardens.
Section 3. This resolution shall be effective upon adoption.
Resolution 41, 1998
Page 2
ATTEST:
Linda V. Kosier, CMC, City Clerk
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
Joseph R. Russo, Mayor
APPROVE AS TO LEGAL FORM
AND SUFFICIENCY
City Attorney
AYE NAY ABSENT
PALM BEACH GARDENS POLICE DEPARTMENT
Office of the Chief of Police
TO: Bobbie Herakovich, City Manager
FROM: Chief James O. FitzGerald
DATE: May 5, 1998
SUBJECT: Amendment to Mutual Aid Agreement
The Palm Beach County Association of Chiefs of Police has recommended an amendment
to Section III of the Palm Beach County Law Enforcement Agencies Combined
Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, see attached.
The agreement and this amendment have been signed by the Sheriff, School
Superintendent and all Mayors and Police Chiefs of the various municipalities. I think it
is in the best interests of the City of Palm Beach Gardens and its Police Officers when
engaged in mutual aid requests.
Therefore, I am requesting that Mayor Russo sign the signature page for this amendment
and return the original signature page to me so I can forward it to Chief Kelly of the School
Board Police. Thank you for your cooperation in this matter.
JOF /amm
Attachment
AMENDMENT TO SECTION III OF THE
PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, it is in the interest of public safety to allow sworn Law
Enforcement Officers to act when witnessing a violent crime in progress.
NOW, THEREFORE, THE SUBSCRIBING AGENCIES AGREE TO AMEND
SECTION III, 'PROCEDURE FOR REQUESTING ASSISTANCE' BY:
DELETING PARAGRAPH THREE (3):
No Agency Head or his /her designated representatives shall be empowered under this
Agreement to operate in another jurisdiction without prior approval of the Agency Head
having jurisdiction.
AND INSERTING THE FOLLOWING PARAGRAPH:
Should a sworn law enforcement officer (officer) be in another subscribed agency's
jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the
presence of said officer, he /she shall be empowered to exercise authority as a law
enforcement officer as if the officer was in his /her own jurisdiction. Should enforcement
action be taken, said officer shall notify the agency having normal jurisdiction and upon the
latter's arrival, turn the situation over to them and offer any assistance requested including,
but not limited to, a follow -up written report documenting the event and the actions taken.
This provision so prescribed in this paragraph is not intended to grant general authority to
conduct investigations, serve warrants and /or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is intended
to address critical, life- threatening or public safety situations, prevent bodily injury to
citizens, and /or secure apprehension of violent criminals whom the law enforcement officer
may encounter.
It is recommended that any Department with an off duty General Order should amend said order
to add the following:
Off duty Officers taking action outside the City of Palm Beach Gardens
jurisdiction will be acting as a private citizen unless operating under a
Mutual Aid Agreement where such action in another jurisdiction is
authorized.
AMENDMENT TO SECTION 111 OF THE PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
TOWN OF PALM BEACH:
Paul R. Ilyinsky, Mayor
(date)
Robert J. Doney, Town Manager (date)
PALM BEACH COUNTY SHERIFF'S OFFICE:
Joseph L. Terlizzese, Chief of Police (date)
Lesly Smith (date)
President, Town Council
(date) Robert W. Neumann, Sheriff (date)
(date) (date)
PALM BEACH COUNTY SCHOOL DISTRICT:
Paulette Burdick, Chairman (date) James P. Kelly, Chief of School Police (date)
Joan P. Kowal, Superintendent (date) (date)
CITY OF PALM BEACH GARDENS: ^
Joe Russo, Mayor (date) J mes O. FitzGerald, Chi f Police (date)
(date) (date)
TOWN OF PALM BEACH SHORES:
Thomas C. Chilcote, Mayor (date) Roger K. Wille, Chief of Police (date)
(date) (date)
OFFICE OF THE FIRE CHIEF
INTER OFFICE MEMO Mao
DATE: May 4, 1998
TO: Bobbie Herakovich, City Manager
FROM: Peter T. Bergel, Fire Chie
RE: Local Mitigation Strategy
I have reviewed the Inter -Local Agreement between Palm Beach County and the
City as provided by the Division of Emergency Management. Everything appears to
be ui order and I see no reason not to execute the agreement.
However, it will be important to monitor the grant funding to ensure unused funds
are credited back to the City. Should you have any additional questions concerning
this matter, please do not hesitate to contact me.
enc.
cc: file
B. Patty
May 11, 1998
RESOLUTION 42, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE LOCAL MITIGATION STRATEGY INTER -
LOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS; PROVIDING
FOR AUTHORIZATION TO THE MAYOR AND CITY CLERK
TO EXECUTE SUCH INTERLOCAL AGREEMENT; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens would benefit from the development of a
single, unified county-wide Local Mitigation Strategy (LMS) in partnership between Palm Beach
County and the State of Florida, Department of Community Affairs, and
WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined
therein to enter into interlocal agreement with each other to exercise jointly any power, privilege, or
authority which such agencies share in common and which each might exercise separately.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS.
Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
a Local Mitigation Strategy Inter -Local Agreement between Palm Beach County and the City of
Palm Beach Gardens as provided by the Division of Emergency Management, attached hereto as
Exhibit "A ".
Section 2. The City Council hereby authorizes and directs the Mayor and City Clerk to
execute the Local Mitigation Strategy Inter -Local Agreement between Palm Beach County and the
City of Palm Beach Gardens.
Section 3. This resolution shall be effective upon adoption.
Joseph R. Russo, Mayor
Resolution 42, 1998
Page 2
ATTEST:
Linda V. Kosier, CMC, City Clerk
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
APPROVE AS TO LEGAL FORM
AND SUFFICIENCY
City Attorney
AYE NAY ABSENT
INTER -LOCAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS,
PALM BEACH COUNTY, FLORIDA, AND
AS PARTNERS IN THE DEVELOPMENT
OF THE LOCAL MITIGATION STRATEGY
THIS INTER -LOCAL AGREEMENT is entered into this day of ,
1998 by and between the Board of County Commissioners, Palm Beach County, Florida (herein
referred to as "COUNTY "), and Palm Beach Gardens (herein referred to as "CITY "), each one
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS: Section 163.01 of the Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual advantage
and thereby to provide services and facilities in a manner an pursuant to forms of governmental
organization that will accord best with geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS: Part I of Chapter 163 of the Florida Statutes permits public agencies as defined
therein to enter into interlocal agreements with each other to exercise jointly any power,
privilege, or authority which -such agencies share in common and which each might exercise
separately; and
WHEREAS: the State of Florida Department of Community Affairs (the "Department ") has
entered into an agreement with Palm Beach County to develop a single, unified local mitigation
strategy to pre - identify and prioritize hazard mitigation projects to become part of a Statewide
Hazard Mitigation Strategy; and
WHEREAS: the development of a single, unified local mitigation strategy requires the
participation of local municipal governments within Palm Beach County; and
WHEREAS: the CITY and COUNTY agree that the COUNTY should assume full
responsibility for the development of a single, unified local mitigation strategy, including those
portions applicable to the CITY.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
herein, the parties hereto agree as follows:
Page 1 of 6
SECTION 1. PURPOSE
A. The purpose of this Agreement is to develop a single, unified county -wide Local Mitigation
Strategy (LMS) in partnership between the COUNTY, CITIES, and the State of Florida,
Department of Community Affairs. Participation of the CITY is voluntary, and the CITY has
agreed to participate, but desires the COUNTY to conduct the efforts applicable to the CITY
which are required to develop a unified mitigation strategy.
B. The COUNTY and CITY agree to act in a spirit of mutual cooperation and good faith in the
implementation of the Agreement and its Purpose.
SECTION 2. GENERAL TERMS AND CONDITIONS
A. This Agreement shall begin upon execution by both parties and shall end August 31, 1999,
unless terminated earlier in accordance with Section 6 of this Agreement.
B. The CITY shall assist the COUNTY to perform its obligations by providing information and
support in accordance with the Scope of Work, Attachment A of this Agreement, to the
satisfaction of the COUNTY.
C. Both the COUNTY and the CITY agree to be governed by the contractual services agreement
between the COUNTY and the State of Florida, Department of Community Affairs, copies of
which are in possession of each party. In addition, the COUNTY and the CITY agree to be
governed by applicable State and Federal laws, rules and regulations.
D. Modification of this Agreement may be requested by either party. Changes which are
mutually agreed upon shall be valid only when reduced to writing, duly signed by each party and
attached to the original Agreement.
E. The COUNTY and the CITY agree to resolve any conflicts that may arise from the
development of the Local Mitigation Strategy by using the process included in the
Intergovernmental Coordination Element of the respective Comprehensive Growth Management
Plan, or other alternative as approved by the Local Mitigation Strategy Working Group.
SECTION 3. RECORD KEEPING
A. All records required of the CITY and COUNTY shall be sufficient and complete to verify
compliance with the requirements of this Agreement and the COUNTY'S agreement with the
Department.
B. The CITY shall allow access to its records during normal business hours and upon reasonable
advanced request of the COUNTY, its employees and agents.
Page 2 of 6
SECTION 4. REPORTS
A. The COUNTY will develop the reports required by its agreement with the Department and
will include those portions applicable to the CITY.
B. The CITY will provide information, review, and coordination as identified in Attachment A,
Scope of Work.
SECTION 5. DEFAULT, REMEDIES, TERMINATION
A. If the State of Florida, Department of Community Affairs determines that funds are not
available to continue to fund the Agreement between the COUNTY and the Department of
Community Affairs, all obligations on the part of the COUNTY and CITY shall terminate.
B. This Agreement may be terminated with or without cause by either the CITY or the COUNTY
with thirty (3 0) days notice to other party.
SECTION 6. NOTICE AND CONTACT
A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either
by hand or by first class, certified mail, return receipt requested, to the representatives identified
below at the address set forth below.
For the COUNTY: William O'Brien, III, Director
Division of Emergency Management
3723 Belvedere Rd.
West Palm Beach, Fl. 33406
For the CITY:
SECTION 7. FUNDING /CONSIDERATION
As consideration for the COUNTY performing work on behalf of the CITY, the CITY waives its
right to receive payment from the Department and hereby assigns its portion of the grant to the
COUNTY, which is $ 15,000. The COUNTY agrees to allocate residual grant funds, if any, of
the CITY'S portion of the Department's grant after costs to the COUNTY'S consultant have
been deducted back to the CITY.
Page 3 of 6
SECTION 8. ENTIRETY OF AGREEMENT
The parties agree that this Agreement set forth the entire agreement between the parties, and
there are no promises or understandings other than those stated herein.
SECTION 9. INVALIDITY OF CLAUSES
The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof
of the Agreement shall have no effect upon the validity of any other part or portion hereof.
SECTION 10. VENUE
To the extent allowed by law, the venue for any action arising from this Agreement shall be in
Palm Beach County, Florida.
SECTION 11. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of
the terms and/or conditions of this Agreement shall be borne by the respective parties, however,
this clause pertains only to the parties to this Agreement.
SECTION 12. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of the officers of the COUNTY or the CITY.
SECTION 13. EQUAL OPPORTUNITY PROVISION
The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, marital status or sexual orientation be excluded
from the benefits of, or be subjected to, any form of discrimination under any activity carried out
by the performance of the Agreement.
Page 4 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth
above.
ATTEST: CITY:
By: By:
Print Name: Print Name:
Title: Title:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ATTEST:
DOROTHY H. WILKEN
By:..
Deputy Clerk
By:
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By
County Administrator
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Assistant County Attorney
Page 5 of 6
SCOPE OF WORK
CITY /COUNTY PARTNERSHIP
LOCAL MITIGATION STRATEGY
The following lists the requirements for Palm Beach Gardens, as a partner with the County in
the development of a single, unified "Local Mitigation Strategy" for Palm Beach County.
Municipalities choosing to have the County assume full responsibility to conduct the "local
mitigation strategy" program shall perform the following:
1. Designate the County as its representative to the "Local Mitigation Strategy" Working Group
or designate a Municipal representative to the Working Group. The municipality may designate
other representatives to participate in technical committees or task forces.
2. Cooperate with the County by allowing the County's representative access to, and replication
of, all information required as identified below:
A. Listing of municipal agencies and the mitigation function each provides;
including a narrative of how the agencies help reduce losses from hazards.
B. Listing of existing municipal policies, ordinances, and programs that affect
mitigation.
C. Listing of municipal facilities, public buildings, and hazardous material sites.
D. Repetitive loss data for all structures within the Municipality.
E. Historical flood data within the municipality.
F. Listing of potential program, project, and policy initiatives within the
municipality that have the potential to reduce losses of life and property from
natural disaster events.
3. Assist the County's representative by:
A. Reviewing for accuracy and completeness, all lists, reports, and
recommendations regarding the Municipality.
B. Prioritizing and ranking of all mitigation initiatives identified by the County's
representative for the Municipality.
C. Submit the final "Local Mitigation Strategy" document to the Municipal
governing body for formal adoption.
Page 6 of 6
Attachment B
Federal Lobbying Prohibitions
The Contractor certifies, by its signature to this Agreement, that to the best of his or her knowledge and
belief:
(e) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the a%%arding of any Federal contract, the making of any Federal the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
(f) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Fotm-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(g) The undersigned shall require that the language of this certification be included in the award documents for
all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and
cooperative agreements) and that all sub - recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure.
Contractor
Name and Title
25
RESOLUTION 44, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
APPROVING THE PLAT OF VILLAGE SQUARE,
PROFESSIONAL PARK, AS APPROVED BY
RESOLUTION 28, 1996, AND CONSISTING OF 2 PAGES
DATED FEBRUARY, 1998 AND PREPARED BY
KESHAVARZ & ASSOCIATES, INC.; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed an application to approve the Plat of Village
Square Professional Park, a Planned Unite Development approved by Resolution 44, 1998;
WHEREAS, the City Engineer has determined that the proposed Plat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the Plat; and
WHEREAS, the Plat is consistent with the City's Comprehensive Plan and LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute
the Mylar of the Plat of Village Square Professional Park, a Planned Unit Development,
consisting of two (2) sheets dated February, 1998, prepared by Keshavarz & Associates, Inc.,
attached hereto as Exhibit "A ".
SECTION 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY, 1998
Joseph R. Russo, Mayor
Resolution 44, 1998
Page 2 of 2
ATTEST:
Linda V. Kosier, CMC, City Clerk
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
APPROVE AS TO LEGAL FORM
AND SUFFICIENCY
City Attorney
AYE NAY ABSENT
RESOLUTION 45, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE AN ADDENDUM TO THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY
AND THE PROFESSIONAL FIRE FIGHTERS/
PARAMEDICS OF PALM BEACH COUNTY, LOCAL
2928, IAFF, INC., AS APPROVED BY RESOLUTION 6,
1997, FOR THE PERIOD OCTOBER 1, 1996 TO
SEPTEMBER 30, 1999, FOR FIRE CAPTAINS, FIRE
LIEUTENANTS, AND EMS CAPTAINS; PROVIDING
FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Professional Firefighters/Paramedics of Palm Beach County, Inc., Local
2928, has ratified the attached addendum to an employment agreement approved by Resolution
6, 1997; and
WHEREAS, the majority of members of the IAFF have voted in favor of ratification of
the attached employment agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1, The City Council of the City of Palm Beach Gardens, Florida, hereby
ratifies, confirms and approves the Employment Agreement Addendum with the Professional
Firefighters/Paramedics of Palm Beach County, Inc., Local 2928, for the agreement as approved
by Resolution 6, 1997, for Fire Captains, Fire Lieutenants and EMS Captains; a copy of said
Agreement is attached hereto as Exhibit "A" and made a part hereof as if fully set out herein.
SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute
said Agreement Addendum by and on behalf of the City.
SECTION 3. This Resolution shall be effective upon adoption by the City Council of the
City of Palm Beach Gardens and ratification by the Professional Firefighters/Paramedics of Palm
Beach County, Local 2928, IAFF, Inc., which ever occurs last.
SECTION 4. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY, 1998.
RESOLUTION 45, 1998
PAGE 2 OF 2
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
JOSEPH R. RUSSO, MAYOR
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY.
City Attomey
,AXE NAY ABSENT
MIAMI OFFICE
SUITE 700
121 MAJORCA
CoaAL GABuzs, F. RMA 33134
70YN }7001
TELECOPY 706N42-1570
REPLY TO Coal Gables
LAW OFFICES
ALLEN, NORTON & BLUE
PROFESSIONAL ASSOCIATION
ORLANDO OFFICE TALLAHASSEE OFFICE
SKRNATURE PLAZA SUITE 010 SUITE 705
201 SOUTH ORANGE AVENUE 215 SOUTH MONROE STREET
ORL ANDo, F LoBmA 32801 TAU.AHASSM FLORIDA 32301
00710434077 004701 -7507
TELECOPY 407H22.7700 TELECOPY 90450I -=
April 14, 1998
Bobbie Herakovich
City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
APR 15
TAMPA OFFICE
HYDE PARK PLAZA. SUITE 150
721 SOUTH HYDE PARK AVENUE
TAMPA, F WRMA 33606
01Np/ -1210
TELECOPY 017/1512000
Dear Bobbie:
I have just received from the IAFF the new contract covering Lieutenants, Captains and EMS
Captains. This contract has been done in legislative format for our review. While we did not
formally agree to include the EMS Captains, I told Matt Mierzwa that I did not believe this will be
a problem.
When you and Pete have reviewed this contract, please give me a call.
Sincerel ,
l�
i
obert� ort
RLN /pa
Enclosure
cc: Acting Fire Chief, Pete Bergel (w /enclosure)
MATTHEW I MIERZWA, IR
MARGARET M. BRUCE
RUDIN E HAIDERMOTA
GARY E LIPPMAN•
RICHARD 1 WINKIS
Of Counsel
JOSEPH H KAPLAN
PHILLIPS LEVY & RIND, P A
'Also Admitted to New York Bar
Robert Norton, Esquire
Allen, Norton & Blue, P.A.
121 Majorca Avenue
Coral Gables, FL 33134
Dear Mr. Norton:
LAW OFFICES
MIERZWA & ASSOCIATES, P.A.
April 10, 1998
. 1O
101-
0- � I fs9%
pQR
3900 WOODLAKE BOULEVARD
SUITE 212
LAKE WORTH, FLORIDA 33463 -3045
TELEPHONE (S61) 966-1200
FACSIMILE (5611966 -1231
Re: PERC Case No. SM -98 -010
Local 2928 - Palm Beach Gardens
1997 Negotiations (Lts. and Capts. )
File No. 122929.2197
As you know, this firm represents the Professional Fire Fighters /Paramedics of Palm Beach County,
Local 2928, International Association of Fire Fighters, Inc.
Enclosed is a copy of the new agreement between the City of Palm Beach Gardens and Local 2928
which incorporates the various agreements that we reached in collective bargaining negotiations on
behalf of Fire Lieutenants and Fire Captains. Please note that we have also included EMS Captains
which was discussed between the parties.
The agreement should be the same as the existing agreement except for the following Articles where
changes are made in legislative style: Article 2 - Recognition; Article 10 - Working Out of
Classification; Article 19 - Performance Evaluation; Article 20 - Promotions, Section 13; Article 22 -
College Tuition Reimbursement; Article 24 - Incentive Pay; Article 31 - Vacations, Section 13; Article
32 - Sick Leave, Section 14; Article 44 - Salaries, Section 8; and the Signature Page.
I do not believe that there is anything controversial in the enclosed agreement. I would envision us
executing this agreement within the next week and then submitting it for ratification. In the end, we
will have one single agreement.
Could you please give this your immediate attention? I look forward to hearing from you. Thank you.
MJM/vm
Enclosure
c Michael J. Mayo, President, Local 2928
Mark W. Joyce, DVP, Local 2928
Eduardo Morejon, Former DVP, Local 2928
Lyn Burks, Captain
Scott Raynor, Captain
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PALM BEACH GARDENS
PROFESSIONAL FIRE FIGHTERS /PARAMEDICS OF
PALM BEACH COUNTY
LOCAL. 2928, IAFF, INC.
OCTOBER 1, 1996 TO SEPTEMBER 30,
TAET.P. OF CONTENTS
Page
ARTICLE
1
PREAMBLE..... ..... ..........................
1
ARTICLE
2
RECOGNITION . ...............................
2
ARTICLE
3
DUES CHECKOFF ..............................
3
ARTICLE
4
LABOR MANAGEMENT COMMITTEE .................
5
ARTICLE
5
DISCIPLINE AND DISCHARGE ...................
6
ARTICLE
6
GRIEVANCE AND ARBITRATION PROCEDURE........
9
ARTICLE
7
MANAGEMENT RIGHTS AND PREROGATIVES.........
14
ARTICLE
8
UNION BUSINESS .............................
15
ARTICLE
9
BULLETIN BOARDS ............................
17
ARTICLE
10
WORKING OUT OF CLASSIFICATION ..............
18
ARTICLE
11
RULES AND REGULATIONS ......................
19
ARTICLE
12
DOCUMENTS ... ...............................
20
ARTICLE
13
NON - DISCRIMINATION .........................
21
ARTICLE
14
NO STRIKES .. ...............................
22
ARTICLE
15
PERSONNEL REDUCTION ........................
24
ARTICLE
16
SENIORITY ... ...............................
25
ARTICLE
17
CALL BACK ... ...............................
27
ARTICLE
18
INSURANCE .. ...............................
28
ARTICLE
19
PERFORMANCE EVALUATION .....................
29
ARTICLE
20
PROMOTIONS .. ...............................
31
ARTICLE
21
OVERTIME .... ...............................
38
ARTICLE
22
COLLEGE TUITION REIMBURSEMENT ..............
40
ARTICLE
23
TRAINING .... ...............................
43
ii
ARTICLE
24
INCENTIVE PAY ..............................
44
ARTICLE
25
UNIFORMS .... ...............................
45
ARTICLE
26
DISABILITY LEAVE ...........................
46
ARTICLE
27
COMMUNICABLE DISEASES ......................
50
ARTICLE
28
SAVINGS CLAUSE .............................
51
ARTICLE
29
SMOKE FREE FIRE SERVICE ....................
52
ARTICLE
30
MINIMUM STAFFING ...........................
53
ARTICLE
31
VACATIONS ... ...............................
54
ARTICLE32
SICK LEAVE .. ...............................
60
ARTICLE
33
EMERGENCY RELEASE ..........................
65
ARTICLE
34
HOLIDAYS .... ...............................
66
ARTICLE
35
BEREAVEMENT LEAVE ..........................
68
ARTICLE
36
LEAVE OF ABSENCE ..........................
69
ARTICLE
37
COURT LEAVE . ...............................
71
ARTICLE
38
EMPLOYEES BILL OF RIGHTS ...................
72
ARTICLE
39
STATION CONDITIONS .........................
73
ARTICLE
40
LEGAL BENEFITS .............................
74
ARTICLE
41
VOTING ...... ...............................
76
ARTICLE42
DAMAGED EQUIPMENT ..........................
77
ARTICLE
43
PERSONNEL RECORDS ..........................
78
ARTICLE
44
SALARIES .... ...............................
79
ARTICLE
45
OUTSIDE ACTIVITIES .........................
83
ARTICLE
46
WORK WEEK ... ...............................
85
ARTICLE47
EXCHANGE OF TIME ...........................
86
ARTICLE
48
MEETING ROOMS ..............................
87
iii
ARTICLE
49
ACCESS TO PREMISES
.........................
88
ARTICLE
50
JURY DUTY ... ...............................
89
ARTICLE
51
MILITARY RESERVE LEAVE .....................
90
ARTICLE
52
PROBATIONARY PERIOD ........................
93
ARTICLE
53
ALCOHOL AND SUBSTANCE ABUSE POLICY.........
94
ARTICLE
54
DURATION OF AGREEMENT ......................
99
SIGNATURE PAGE .............................
100
APPENDIX .... ...............................
101
iv
ARTICLE 1 PREAMBLE
Section 1: This Agreement is entered into by and
between the CITY OF PALM BEACH GARDENS, hereinafter referred
to as the City, and the PROFESSIONAL FIREFIGHTERS /PARAMEDICS
OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. (hereinafter
referred to as the Union).
Section 2: It is the purpose of this Agreement to
achieve and maintain harmonious relations between the City
and the Union, to provide for equitable and peaceful
adjustment of grievances which may arise, and to establish
fair standards of wages, hours, and other terms and
conditions of employment.
Section 3: It is contemplated that this Agreement will
serve the public interest by keeping costs at a reasonable
level while maintaining the highest level of service, and a
safe work environment by ensuring that members of the
bargaining unit will, while on duty, make every reasonable
effort to carry forward the department's legitimate
activities and functions with alacrity and dispatch, and
will accept and execute promptly all reasonable, lawful
instructions given to them.
1
ARTIC7•V' 2 RECOGNITION
The City recognizes the Union as the exclusive
collective bargaining agent with respect to wages, hours and
other terms or conditions of employment, for those employees
included in the bargaining unit as certified by the Florida
Public Employees Relations Commission in Case Number RC -89-
068 as follows:
INCLUDED: All c.:.p1;zyccC C-pIcyc-, „- Y
via V.mV V-VV, jnVY/VV �.ViY by
"F "Z'" -h Cara^-- certified and
Vr � Y�.�� ✓VYV.♦ VY�YV..V
probationary Fire Fighters, Fire In
Fire Medics, Fire Lieutenants, Fire Captains
and EMS Captains.
EXCLUDED: The Fire Chief, Deputy Fire Chief /Fire
Marshall, Fire Commanders, Asst. Fire
Marshall.
2
ARTICLE 3 DUES CHECKOFF
Section 1: Subject to the restrictions set forth in
SS447.303, Florida Statutes, the Employer agrees to deduct
from the pay of the employees in the bargaining unit who
authorize such deduction by way of a written wage
assignment, properly written and executed and delivered to
the Employer, and to transmit to the Union, the amount of
the union dues and assessments which are uniformly charged
by the Union to all members of the unit.
Section 2: The Employer shall be obliged to make no
more than one deduction from any employee's pay with respect
to any single calendar month.
Section 3: The Employer shall deduct dues from the
second check of the month. If the employee involved has
insufficient pay coming to him with respect to that pay
period to cover the full amount of dues and /or assessments
charged, the Employer shall have no obligation with respect
to that employee.
Section 4: The Union agrees to indemnify the Employer,
and hold it harmless, from and against any liability, real
or asserted, of any kind of nature whatsoever, to any person
or party, on account of the Employer's compliance or efforts
to comply with this Article.
Section 5: It shall be the Union's obligation to keep
the Employer at all times informed, by certification of a
3
responsible official of the Union, of the amount of the
uniform dues and /or assessments deductible from employee's
pay, and the Employer will accept such certification and be
entitled to rely upon its accuracy.
Section 6: The Employer's monthly transmission of dues
and assessments money to the Union will be accompanied by a
list of names of employees affected, and the amount
transmitted with regard to each, based on authorizations
which continue in effect and are in the Employer's file.
Section 7: The Employer will not deduct or transmit
to the Union at any time any moneys representing fines, fees
or penalties.
Section 8: The obligation to commence making
deductions on account of any particular authorization shall
become effective with respect to the calendar month
following the month in which the authorization is received
by the Employer.
Section 9: The union agrees to pay $60.00 /yearly to
the City for administrative costs to include changes which
shall be offset during the first dues check in January of
each year.
4
ARTICLE 4 LABOR MANAGEMENT COW1ITTEE
Section 1: There shall be a Labor Management Committee
established to consist of: the Fire Chief and the Deputy
Chief; two (2) members and one (1)
the IAFF; and the City Manager or
purpose of this committee shall be
health and safety issues and other
nature and to make recommendations
resolutions of such problems. The
alternate appointed by
zis /her designee. The
to meet and confer on
concerns of a general
to the Chief concerning
Committee shall determine
its own rules of operation. Should the meeting occur during
a participant's tour of duty, there shall be no loss of pay
or benefits.
Section 2: Committee meetings shall be held the second
(2nd) Thursday of every month, excluding holidays.
5
ARTICLE 5 DISCIPLINE AND DISCHARGE
Section 1: During the first twelve (12) months of
their employment with the City, all employees are considered
to be probationary, meaning in part that they are subject to
discipline, up to and including dismissal, without recourse
to the grievance procedure.
Section 2: The City recognizes the following types of
disciplinary actions:
a. Verbal warning
b. Written reprimand
C. Suspension without.pay
d. Demotion
e. Combination of the above
f. Discharge
It is recognized that the type of discipline utilized may
vary in each case depending on the employee's past work
record, seniority, the severity of the conduct and other
operational factors.
Section 3: Employees who have successfully completed
their initial probationary period may be disciplined or
discharged for any of the following reasons.
1. Incompetency or inefficiency in the
performance of duties.
2. Insubordination
6
3. Refusal to fully and truthfully
cooperate in an investigation related to
the operation of the City conducted by
or at the direction of the City.
4. Refusal to perform assigned work.
5. Excessive absenteeism or tardiness.
6. Carelessness and /or negligence in the
handling or control of City property, or
the misappropriation of City property.
7. Discourteous, insulting, abusive or
inflammatory language or conduct toward
the public or a supervisor.
8. Absence from duty without authority,
including refusal to report to duty on
time.
9. Acceptance of a gift under circumstances
from which it could reasonably be
inferred that the employee had knowledge
that the giver expected or hoped for
preferred or favored treatment in an
official or departmental /agency matter.
10. Unauthorized personal possession of
firearms or possession of explosives
while on duty on City property.
7
11. Improper racial or sexual comments,
harassment or acts.
12. Loss or suspension of driver's license
where driving is part of the employee's
job.
13. Abuse of sick leave, or false claim of
eligibility for such leave.
Disciplinary action may be taken for just cause.
Section 4: Any employee disciplined or discharged will
be notified of the discipline or discharge in writing within
ten (10) calendar days of the incident which prompted the
action. Failure of management to inform the employee of
impending discipline or discharge within the stipulated time
frame may be a factor in any just cause determination by an
arbitrator.
8
i
ARTICLE 6 GRIEVANCE AND ARBITRATION PROCEDUPV
Section 1: Grievances A grievance under this contract
is any dispute, claim, or complaint concerning the
interpretation or application of the terms of this
Agreement. Every effort will be made by the parties to
settle all grievances as soon as possible. Time limits set
forth shall be strictly complied with, and can only be
waived by written agreement of the parties (Union official,
Chief, City Manager, or their designee).
Step 1. All grievances should first be'raised orally
with the shift officer.
Step 2. If the grievance is 'not resolved as a result
of this oral communication, then the employee must take
the grievance to the Chief, or Deputy Chief, in
writing, within fourteen (14) calendar days of the
event leading to the grievance, or when the employee
knew or should have known of the occurrence leading to
the grievance. The written grievance shall state the
act or acts complained of, when the act or acts
occurred, the identity of the employee or employees who
claim to be aggrieved, the specific article(s)of the
Agreement claimed to have been violated, and the remedy
sought. The Chief or Deputy Chief shall meet with the
employee and Union representative and thereafter
provide an answer in writing to the employee and Union
within seven (7)calendar days of receipt of the written
grievance by the Chief or Deputy Chief.
Step 3. Any grievance which cannot be resolved in Step
2 shall be taken up with the City Manager or his
designee. Grievances shall be presented in writing to
the City Manager within seven (7) calendar days of
receipt of the Step 2 answer. After receiving the Step
3 appeal, the City Manager shall have seven (7)
calendar days to provide an answer in writing to the
employee and Union representative.
Step 4. A grievance denied in Step 3 may proceed to
final and binding arbitration.
E
Section 2: Timeliness Failure of the Employer to
respond to a grievance shall result in the grievance being
advanced to the next step.
Section 3: Class Action Grievances Where a grievance
is general in nature in that it applies to a number of
employees having the same issue to be decided, or if the
grievance is directly between the Union and the Employer, it
shall be presented in writing directly at Step 2 of the
Grievance Procedure, within twenty (20) calendar days of the
event leading to the grievance or when the employee /Union
knew or should have known of the occurrence leading to the
grievance and shall be signed by the aggrieved employees or
the Union representative on their behalf.
Section 4: Arbitration If the parties are unable to
reach a settlement of the grievance, either party may submit
the matter to arbitration by sending a demand for
arbitration to the other party by certified mail or hand
delivery within thirty (30) calendar days after receipt of
the Step 3 decision of the City Manager. Only grievances
which have been filed in writing and processed in the manner
and within the time limits set forth in above article shall
be subject to arbitration. The Union shall have exclusive
right to proceed to arbitration on behalf of its members.
Section 5: Selection of Arbitrator After a demand for
arbitration has been made, either party may apply to the
10
Federal Mediation and Conciliation Service (FMCS) for a list
of seven (7) qualified arbitrators, and from this list one
shall be selected by process of elimination. The parties
shall alternately strike names from the list. The moving
party shall strike first. The arbitrator remaining after
each party has three (3) strikes shall be named the
arbitrator for the grievance. When a panel is received from
the FMCS, either party may reject one complete panel of
I
arbitrators provided the rejection is received by the FMCS
and the other party within ten (10) days from the date on
the FMCS panel.
Section 6: Expedited Arbitration All discharge
grievances, and any other grievances mutually agreed upon
for expedited processing, shall be arbitrated on an
expedited basis. To accomplish this goal, the Employer and
the Union agree upon the following procedures for expedited
cases.
1. The selection of an arbitrator must be completed
within fourteen (14) calendar days of receipt;of the list of
arbitrators from FMCS. Failure to do so will bar the
untimely party from submitting its preference or choice of
an arbitrator. Each party shall be allowed to unilaterally
reject one panel of arbitrators provided that the rejection
of such a panel must be completed within five (5) calendar
days of the receipt of the list by the rejecting party.
11
2. After an arbitrator has been selected, the
arbitration hearing shall be held no later than thirty (30)
calendar days thereafter, unless the arbitrator is
unavailable within this thirty (30) day period.
3. Briefs, if any, must be filed with the arbitrator
no later than fifteen (15) calendar days after, the close of
the hearing, or after receipt of the transcript, if a
transcript is requested.
4. The arbitrator must render an opinion within twenty
(20) calendar days of receipt of the briefs.
Section 7: Arbitration Hearing The party referring a
grievance to arbitration shall have the obligation of going
forward with its case before the other party shall be
required to present its case except that in case of
discharge or discipline, the Employer shall first present
its case and carry the burden of proof. In the event that
either party claims that a dispute is non - arbitrable, the
arbitrator will rule on that issue and also on the merits of
the grievance if it is determined to be arbitrable.
Section 8: Power of Arbitration The arbitrator shall
have no power to add to, subtract from, or modify in any way
the terms of the Agreement.
Section 9: Coat of Arbitration The cost of the
arbitration shall be borne equally by the parties, except
that each party shall pay the full cost of its own witness
12
ARTICT•F 7 MANAGEMENT RIGHTS AND PPeROGATIVEa
Section 1: Employer expressly reserves and retains all
rights and prerogatives it enjoyed prior to the execution of
this contract, except that the exercise of such right shall
not be in conflict with other provisions of this agreement.
Section 2: Without limiting the general reservation of
rights in Section 1, the Employer exclusively retains and
reserves the rights to: exercise all rights normally
exercised by employers and not expressly limited herein;
select employees for hire; determine the duties required by
employees in any classification; subcontract all or a part
of its work or functions subject to the restrictions of
Chapter 447.F.S; transfer, lay off, recall, and put
employees on leave of absence status; determine the nature
and extent of services that are to be performed; regulate
the use of equipment and facilities; make and enforce
reasonable work rules; discontinue operations; and take such
measures as management may consider to be reasonably
necessary to the orderly, efficient and economical operation
of the Department.
14
ARTIGT•F 8 UNION BUSINESS
Section 1: The Employer will consider requests from
bargaining unit members for time off to engage in Union
business or activities on an individual basis, subject to
the Employer's operating needs. Time off granted for such
purposes shall be without pay; however, employees may
utilize vacation, compensation time, or Union pool time for
purposes of this section. Such permission shall not be
unreasonably withheld.
Section 2: It is expected that the investigation and
processing of grievances, by the Union or steward, to the
extent that the time of unit employees is required, will not
occur during the work time of those involved. ( "Work time"
is any time, exclusive of breaks or meal time, during the
eight (8) hours for inspectors or twenty -four (24) hours for
firefighters in a shift.)
Section 3: The Employer will make its negotiators
available to engage in any contract negotiations or
bargaining sessions which relate to wages hours or terms or
conditions of employment, which are mutually convenient to
them and to.the union's non - employee negotiators. The
Employer will take into consideration, in responding to
requests from negotiations, the work obligations of any
employees whom the Union may wish to have present, and
endeavor to agree to meetings during their off duty time.
15
Employee's attendance at negotiating meetings during work
time will be subject to the restrictions of Section 1.
16
ARTICLE 10 WOR!aNG OUT OF CLASSIFICATION
Section 1: A firefighterL or driver /engineer, fire
medic, fire lieutenant, fire captain, or EMS captain
assigned to work in a higher classification for three (3) or
more consecutive shifts shall receive assignment pay of five
percent (5%) of his base rate of pay for all hours worked in
that assignment. The City shall not alter assignments to
avoid out -of -class pay.
,Section 2: This article shall not apply to any
employee on light duty status.
18
ARTICLE 11 RULES AND REGULATIONS
Section 1: The Employer retains its rights to make and
enforce all reasonable rules and regulations concerning all
aspects of employment relationship, so long as such rules
and regulations do not conflict with some express provisions
of this Agreement.
Section 2: The City agrees to provide the Union with
copies of revised and newly promulgated rules and
regulations at least thirty (30) days prior to
implementation unless good business reasons necessitates an
earlier implementation.
W
ARTICLE 12 DOCUMENTS
The City agrees to provide one (1) copy of each of the
following documents to the Union without charge:
a) Administrative orders, regulations and
personnel policies relating to
bargaining unit employees.
b) Revisions to the rules and regulations.
20
ARTICLE 13 NON - DISCRIMINATION
The City and /or the Union will not unlawfully
discriminate against employees covered by this Agreement
because of race, creed, color, sex, pregnancy, age, national
origin, handicap, marital status, political affiliation,
membership or non - membership in the Union or Union activity
protected by law.
21
ARTICLE 14 NO STRIZES
Section 1: The Union does not advocate any right of
unit employees to strike, slowdown or otherwise hinder the
Employer's operations, and agrees that such actions should
be discouraged by strong contract language.
Section 2: The parties are cognizant of all laws,
regulations, directives and rules directed to the prevention
of work stoppage or slowdowns by public employees in
Florida.
Section 3: The Employer shall have all rights and
remedies provided to it in this Agreement and this Article,
in addition to, and not in lieu of, all other rights and
remedies injuring to its benefit from any source whatsoever.
Section 4: The Union agrees that there shall not at
any time be any strike, slowdown, work stoppage, hindrance
or interface with work or operations, or any form of
concerted refusal to work or cessation of work, by the Union
or any employee in the bargaining unit, for any reason
whatsoever, including but not limited to, violations or
claimed violations of this Agreement, or unfair labor
practices, claimed or actual.
Section 5: The Employer will not engage in any lockout
of employees, meaning a refusal to permit the unit employees
as a group to work in aid of a bargaining position or in
22
support of any Employer position as to wages, hours and
working conditions.
23
1
ARTICLE 15 PERSONNEL REDUCTION
Section 1: In the case of a personnel reduction in a
classification, the employee with the least seniority shall
be laid off first. The employee may bump to another
classification by seniority.
Section 2: Employees who are laid off shall be
recalled in the reverse order in which they were laid off
(last laid off, first recalled). Employees on layoff shall
be offered recall before new employees are hired.
Section 3: Employees who are laid off shall, at the
employees option, be paid for all accrued leaves as if he
had resigned or retired in good standing.
24
ARTICLE 16 SENIORITY
Section 1: Seniority is defined as the total length of
continuous service in the City's Fire Department computed
from the date of last hire. Employees with the same date of
hire shall have their seniority determined by their date of
application with the Fire Department.
Section 2: Probationary Period New employees and
those hired after a break in service shall, for the first
twelve (12) months, be regarded as probationary employees.
Employees remaining in the employ of the City,after
completing probation will receive seniority from the date of
hire.
Section 3: Termination of Seniority All seniority
shall terminate if an employee:
A. Quits.
B. Is discharged for cause.
C. Is laid off for a period of time
exceeding his length of continuous
service at the time of layoff, up to a
maximum of eighteen (18) months.
D. Fails to notify the City within seven
(7) calendar days after due notice by
the employer of recall from layoff, by
certified mail, at the employee's last
known address, of his intent to return
25
to work within fourteen (14) calendar
days.
E. Retires.
F. Is unable to return to work for a period
of 18 months due to illness or injury.
26
ARTICLE 17 CALL RACK
Section 1: Any employee called back to work for Second
Alarms shall be paid for the actual time worked at a rate of
time and one half (1 -1/2) the employee's straight time rate
of pay in one quarter (1/4) hour increments. An employee
shall receive a minimum of three (3) hours call back pay.
Section 2: It shall be the sole responsibility of the
City to maintain the overtime records; and such records
shall be made available for review upon request.
27
ARTICLE 18 INSURANCE
Section 1: The City shall continue providing the
current insurance coverage at no cost to employees.
Section 2: Employees who elect to maintain dependent
coverage will contribute a portion of the actual cost of
said coverage, not to exceed $120.00 /month. The unit
employees will contribute the same percentage toward the
cost of dependent coverage that other non - management City
employees are required to pay.
Section 3: If any other non - management City employees
are not required to pay the dependent coverage referred to
in Section 2, then the bargaining unit employees shall not
pay for such coverage and shall be reimbursed for any such
payments made if it is determined that other non- management
City employees have not been required to pay for dependent
coverage or have paid a lesser.amount.
Section 4: In the event that the City determines that
there is to be a substantial benefit reduction, either party
may request a reopener of this Article.
28
ARTICUP. 19 PERFORMANCE EVALUATION
Section 1: Effective October 1, 1997, employees shall
be evaluated October 1 of each year, using the performance
evaluation form developed by the Deputy Chief with input
from the Union. Based on the evaluation received, a merit
increase shall be made to the employee's base pay on October
1 of each year.
Section 2: Whenever possible, evaluations shall be
made by the non -unit supervisor. If an employee was
assigned to more than one supervisor during a rating period,
then the evaluation shall be a collaborative process.
Section 3: Merit increases shall be determined by the
evaluation level as follows:
Outstanding 4%
Above Satisfactory 3%
Satisfactory 2%
Needs Improvement 1%
Unsatisfactory 0%
Ratings of outstanding or unsatisfactory shall be
substantiated by comments, examples and documentation.
Section 4: An employee who does not agree with his
rating and wishes to appeal must within 10 days, request in
writing a meeting with Fire Chief to discuss the rating, and
may include in his personnel file any rebuttal to the
evaluation.
29
Section 5: No employee shall be disciplined solely on
the basis of the performance evaluation. Performance
evaluations shall not be subject to arbitration except than
an evaluation with an overall rating of needs improvement or
unsatisfactory shall be arbitrable.
Section 6: For fiscal year 1997 -1998, fire lieutenant,
fire captains, and EMS captains will not receive the merit
increases provided for in Section 3. Instead, they will
retain the merit increases they already received prior to
their inclusion under this agreement.
30
ARTICLE 20 PROMOTIONS
Section 1: Filling of Vacancies
A) In the filling of vacancies which involve hiring
new employees, the Employer shall contract to an outside
agency to_give a general education written test and a
physical agility test to all qualified applicants. A roster
of prospective employees shall be made based on the results
of the tests. This roster shall be maintained for one (1)
year or until the list is exhausted. Once the decision to
hire an applicant has been made, all pertinent information
supplied on the application should be verified and a
background check should be completed.
B) It is agreed by the parties that a position in the
Fire Department is a position of vital importance to the
citizens of the City and shall, therefore, be'filled within
ninety (90) days from the date that it would be declared
vacant by the City due to expansion, termination or any
other reason except where there is no eligible list, in
which case the City shall promptly initiate the promotional
and /or hiring process.
Section 2: Filling of Position
A) It is the policy of the Employer to promote from
within; however, the Employer is not obligated to do so for
Lieutenant, Captain and Fire Inspector.
31
B) Promotions will be made as provided in this
Article.
Section,3: Notification of Examination Employees will
be given written notice at least ninety (90) days in advance
of a promotional examination date. The written examination
will be held no sooner than ninety (90) days after the
notice, nor later than one hundred five (105) days after the
notice.
Test materials will be taken from the following:
1. No more than four (4) specified IFSTA
Manuals
2. Department implemented S.O.P.'s
3. No more than four (4) specified NFPA
Manuals
4. Information specifically related to the
position being tested for.
5. Materials shall be available at each
work location.
Section 4: Application for Ex- -ination No employee
shall be permitted to apply for a promotional examination
after the announced closing date. The closing date will
take effect thirty (30) days prior to the date of the
examination.
32
Section 5: Eligibility for Promotional Ex-
;ratio-Employees who apply for a promotion must have the following
qualifications at the time the written examination is given:
DRIVER ENGINEER:
a) Current employment with the City as a
Fire Fighter or Fire Medic.
b) Two (2) years continuous service with
the City as a Fire Fighter or Fire
Medic.
LIEUTENANT:
a) Five (5) continuous years service as a
Fire Fighter, Fire Medic, Driver
Engineer, or any combination of the
three (3) and
b) Three (3) years service as a City
assigned Driver Engineer or having been
on the City Driver Engineer Promotional
list for the last three (3) years
continuously; and
c) Current EMT or Paramedic Certification.
CAPTAIN:
a) Two (2) years service as a Lieutenant;
and
b) Current EMT or Paramedic Certification.
33
Section 6: Selection Procedure- The selection
procedure shall include a written examination and an oral
review board for Lieutenants and Captains, and a written
examination and practical examination for Driver Engineers.
Written exams and oral review boards for Lieutenants and
Captains shall be developed and administered by an outside
agency hired by the City. The written and practical exam
for Driver Engineers shall be developed and administered by
an outside agency hired by the City. The practical exam
shall be developed by a joint committee having two (2)
members appointed by the Union and two (2) members appointed
by management. The selection procedures shall take into
consideration factors such as but not limited to education,
experience, knowledge and physical fitness (all of which
shall relate to the job being sought). Except as noted above
for Driver Engineer Practical, no employee of Palm Beach
Gardens Fire Department shall develop any part of any
promotional exams.
Section 7: Written ExAmiration Eligible, qualified
applicants shall take a written examination which shall be
graded. The cutoff score for further consideration in the
process for each written examination shall be'seventy
percent (70 %). Separate written examinations shall be given
for each classification in the Fire Department and Fire
Prevention Department.
34
Section 8: Adjustment of Written EgwM.+nation Score-
for Driver Engineers
A) Applicants who have scored above the cutoff score
on the written examination shall have their scores adjusted
for seniority, as provided in this Section.
B) Applicants shall have their scores adjusted
upwards based on their continuous service (as defined in
Article 16 Seniority) by one half of one percent (0.5%) for
each full year of continuous service (0.04167% per month of
continuous service), subject to a maximum adjustment of five
percent (5%) after ten (10) years of continuous service.
Section 9: Posting of Written, Oral and Practical
Examination Score A list of applicants' scores on the
written oral, and practical (where applicable) examination
shall be posted at each fire station in order of highest to
lowest score, using social security numbers.
Section 10: Ranking of PositionA The following
testing criteria will be used to rank all candidates:
Lt. & Capt. Driver
Written 60% Written 50%
Oral 20%
Chief's Opinion 20%
35
Practical 50%
Section 11: Awarding of Positions
a) Driver Engineer
Upon competition of the weighting of the written and
practical in Section 10, a promotional register shall be
created and vacancies filled by selecting from the top
candidate on the register (rule of one (1)). The register
shall remain in effect for a period of one (1) year from
date the register is established or if no candidates exist
on register the City shall immediately commence the process
of establishing a new register, in accordance with Section
3.
b) Lieutenant and Captain
Upon completion of the weighting of the oral, written,
and chief's opinion in Section 10, a promotional register
shall be created and vacancies filled by selecting from the
top three (3) candidates on the register (rule of three
(3)). The register shall remain in effect for a period of
two (2) years from date the register is established. If
fewer than three (3) persons exist on the register, the City
shall immediately commence the process of establishing a new
register in accordance with Section 3; however, if more than
one (1) promotional opening exists within ninety (90) days
of each other and fewer than three (3) candidates are on the
register, the City shall promote from that list which is
still in effect from the remaining candidates.
36
c) In order to maintain continuous promotional
registers, the City shall produce a new promotional register
in advance of the expiring date of the current register,
replacing register on date of expiration.
Section 12: Probation Any time an employee accepts a
promotion to Inspector, Driver Engineer, Lieutenant,
Captain, the employee shall be on probation for the first
Six (6) months in the new position. At any time during this
six (6) month period, should the employee fail to complete
the probation, the employee shall be rolled back without
recourse to the grievance and arbitration procedures
provided that the employee is returned to his prior job
classification without probation and without loss of
seniority. A rolled back employee will be paid at the
current rate in effect for the job classification which the
employee held prior to his promotion.
Section 13: Upon promotion, employees will receive the
minimum pay for the position to which they are promoted or a
five (5%) per cent increase in base pay, whichever is
greater.
37
ARTICLE 21 OVERTIW
Section 1: Employees shall be paid at the rate of time
and one half (1 1/2) their regular hourly rate for all time
worked outside their regular work week or regular work day.
Section 2: Any sick leave taken during a pay period
shall be offset against overtime for that pay period. All
other leave shall be counted as time worked for purposes of
overtime.
Section 3: Voluntary overtime shall be distributed on a
rotational basis according to the following procedures:
1) Initially there shall be a list established on a
seniority basis;
2) Overtime shall be offered to the employees in the
order of the list based on the employee'meeting the
minimum qualifications of the position being filled for
overtime;
3) Once an employee accepts overtime, that employee
shall be dropped down on the list to the appropriate
position based on the total number of hours worked;
4) An employee who refuses overtime for any reason
shall be charged as if the employee had actually worked
the time;
5) Employees not contacted shall not be charged;
38
6) In the event that staffing will not permit a step
up, overtime shall be offered on a rank for rank basis.
Section 4: In the event that no employees can be found
to work voluntary overtime or until such employees can
report to duty, the City may hold employees on mandatory
overtime which shall be on a rotational basis.
Section 5: A separate list shall be maintained for
special events, the foregoing procedures shall apply.
Section 6: The overtime and special event list hours
shall be reset to zero annually on=January 1 at midnight,
while the current order of the list remains the same and
adjusts as prescribed above in Section 3.
39
final pay to which the employee is entitled, or by such
other means as may be necessary to recover the sum.
Section 4: Employees who attend college classes shall
do so at their own travel expense and during off -duty hours,
vacation leave, or shift exchange. However, if staffing
permits employees shall be released from duty to attend the
courses without loss of pay or accrued leave, as mentioned
in this article.
Section 5: The City shall pay the costs of Paramedic
school at Palm Beach Community College or up to two thousand
five hundred ($2500.00) dollars at another facility of the
employees choice. There shall be a limit of two (2) new
students each budget year. Such payment shall be in advance
of the course payable directly to the school. Employees who
do not pass the course and the State examination shall be
required to reimburse these costs over the next twelve (12)
months by pay roll deduction. Any employee who exercises
these benefits must remain employed with the City as a
paramedic for at least twenty -four (24) months from the date
the employee becomes state certified. Any employee
voluntarily terminating their employment before the end of
the twenty -four (24) month period shall reimburse the City
for all tuition costs.
41
Section 6: Fire lieutenantsf fire captainsi and EMS
captains shall continue to receive education reimbursement
in accordance with city policy issued December 21, 1995.
42
ARTICLE 23 TRAINING
Section 1: The City will pay registration fees for
employees who are required by the Department to attend
educational or training programs. The City shall retain
full discretion to select courses or seminars and select
attendees. Employees required to attend such programs will
be reimbursed travel expenses (if incurred) according to the
City's travel policy.
Section 2: Employees who are required to attend
training programs shall be compensated at the appropriate
rate for the time spent attending such programs.
Section 3: Any employee who wishes to attend a non -
required training program or seminar shall make an advance
written request for program approval and payment of
registration fees. Upon approval of the Fire Chief and
subject to budgetary restraints, the City may pay required
registration fees. Employees attending non - required
training programs shall do so at their own travel expense
and during off -duty hours. Employees may use accrued
vacation time or arrange for shift exchanges.
Section 4: If, for any reason, a fire fighter does not
satisfactorily complete a training program, any moneys
provided by the City for that program will be repaid by the
employee, unless an emergency prevents completion of the
program.
43
ARTICLE 24 INCENTIVE PAY
Section 1: Any bargaining unit member who obtains the
following certifications will receive additional pay as
stated:
Fire Inspector $500 1year
* * Special Response Team $500 /year
* * Employees assigned to Special Response Team shall be
required to maintain Dive Rescue, HAZ Mat Technician,
Elevated Rescue and Confined Space Rescue certifications in
order to receive this incentive pay.
Section 2: Incentive pay will be paid monthly on the
last pay period of the month.
Section 3: Fire Inspectors shall not receive Fire
Inspector incentive pay.
Section 4: Fire lieutenants, fire captains, and EMS
captains shall receive incentive pay as follows:
Fire Inspector $750 /year
Fire Insutructor $750 /year
** Special Response Team $500 /year
44
ARTICLE 25 UNIFORMS
The City shall maintain the status quo with respect to
the provision and maintenance of uniforms. New employees
shall be provided with complete uniforms on or before their
effective Date of Hire whenever possible. In addition, the
City shall provide one sweat shirt with department emblem to
each employee once every two years. All annual issue
uniforms shall be issued within the first three (3) months
of the budget year.
Replaced on annual basis:
Firefighters
Inspectors
1 pair
blue gym shorts
2 blue
work shirts
5 white shirts
2 blue
trousers
(class A style)
5 blue trousers
5 blue
FDI T- shirts
Provided and replaced as needed:
1 black tie
1 Class A white shirt
1 FDI ball -cap
1 FDI jump suit
1 black leather belt
1 pair black boots (plain toe)
1 pair black shoes (Inspectors only)
Replacement items to be within ten(10) days of the
request for said items.
Provided as soon as possible:
Bunker gear to include coats, pants, suspenders, fire
helmet, boots, and SCBA mask, last resort belt, individual
personal safety rope.
45
ARTICLE 26 DISABILITY TMILVE
Section 1: Job- Related Injury
A. The City will carry Worker's Compensation coverage
for all employees covered by this Agreement. The City
agrees to pay the premium for said coverage.
B. An employee absent from duty because of an injury
sustained in a numbered alarmed incident or authorized
department training and which is determined to be
compensable under the provision of the Worke'r's Compensation
Act, shall be entitled to full pay and benefits less any
benefit received under the Worker's Compensation Act for up
to one year following the date of injury. After one year,
he shall continue to receive benefits available under the
Florida Worker's Compensation Act.
C. Any employee absent from duty because of an injury
sustained which is not defined in section B and which is
determined to be compensable under the provision of the
Worker's Compensation Act shall be entitled to full pay and
benefits less any benefit under the Worker's Compensation
Act for up to thirteen (13) weeks following the date of
injury. After 13 weeks, he shall continue to receive
benefits available under the Florida Worker's Compensation
Act.
46
i
' 1
i
I
Section 2: Non -Job Related Illness or Injury
A. Any bargaining unit member with the City who is
absent from work due to sickness or injury after fourteen
(14) consecutive days is eligible for disability pay. For
each separate illness or injury and upon receipt of a
disability claim form completed by the treating physician,
the employee will be paid at 60% of base salary for a period
of up to and not to exceed twenty -six (26) weeks. No more
than twenty -six (26) weeks' disability will be paid for any
one illness or injury within a two (2) year period following
the date the disability began. The employee must exhaust
all sick leave before applying for disability pay.
B. Upon request of the City Manager, a doctor's
certification must be submitted to the City every two weeks
if the employee is unable to perform light duty or normal
duty in order for the employee to continue to receive sick
leave or disability pay. The sickness or injury cannot be
in connection with worker's compensation, self - inflicted
injury, nor related to off -duty employment.
C. An individual requiring time off for childbearing
shall be subject to the same benefits and restrictions as
for any other disability.
D. Any member receiving medical treatment over an
extended period of time for an illness or injury may be
required to provide a physician's written diagnosis,
47
prognosis, approximate date of recovery, and statement that
the employee is physically fit to perform the job duties
required in the capacity for which he is currently employed.
Based on the information received from the physician, or
failure to provide requested information may result in
reclassification as to duty status.
Section 3: When so directed by the City, any employee
out of work under the provision of this article shall
present himself for a medical examination. The City will
bear the full expense of said examination. The failure of
such employee to present himself for an examination as
directed will operate to automatically terminate any
payments under this Article.
Section 4: Whenever an employee, out of work due to an
illness or injury, becomes physically able to- perform some
useful light duty work for the City, he may be required to
do so as a condition to receiving benefits under this
Article.
Section 5: Any employee who is able to work after an
illness or injury shall be reinstated to their former job,
provided that the employee is physically qualified to
perform all of the duties and responsibilities of the
employee's previous position. Such statement shall be
certified by a medical doctor prior to the employee
returning to work. If the employee is unable to assume his
48
former responsibilities, the employee shall have first
preference to fill another City position, if a vacancy
occurs, and the employee qualifies for such position. If
any employee refuses a job offer from the City, disability
payments will be terminated.
Section 6: The employee shall be subject to
termination after completion of 26 weeks of non -job related
disability or after one year of Worker's Compensation
disability. The determination shall be at the discretion of
the Fire Chief and confirmed by the City Manager.
49
ARTICLE 27 COMM=ICA-AT —V DISEASES
Section 1: T- Munizatior
a) The City shall provide immunization for all
employees who want to be immunized, as follows:
Tetanus - every five (5) years
Hepatitis -B - every five (5) years (Hepta -vac)
Rubella for females of childbearing age
Section 2: TB Screening The City shall provide a
tuberculosis screening annually for all bargaining unit
employees.
Section 3: The parties agree that there shall be a
joint committee made up of two (2) members appointed by the
Union and two (2) members appointed by the City to evaluate
and institute an infectious disease prevention program.
All
ARTICLE 26 SAVINGS CLAUSE
If any provisions of this Agreement, or part of a
provision, shall be declared or rendered null, void, or
invalid through court action or by reason of legislation,
the Agreement shall otherwise remain in full force and
effect. If such action occurs, the parties will meet as
soon as possible to negotiate a replacement article.
51
ARTICLE 29 SMOTE FREE FIRE SERVICE
Section 1: The Union and the City agree to the concept
of a smoke free fire service. To that extent there shall be
no smoking allowed in any work area. No smoking is allowed
in any vehicle.
Section 2: Employees will be permitted to attend, at
no cost, any smoking cessation class held as a part of the
City's wellness program.
52
ARTI- -T -u 30 MINIMUM STAFFING
No vehicle shall go on an emergency response with less
than two (2) state certified firefighters assigned; however,
it is understood that under extraordinary circumstances, the
Commanding Officer may order a vehicle out with one person
assigned.
53
ARTICLE 31 VACATIONS
Section 1: Vacation leave is a benefit, the sole
purpose of which is to grant the employee time off with pay.
Section 2: Shift employees shall be granted vacation
leave in compliance with and subject to the following
provisions and conditions:
0 - 4 years continuous service 9 hours per month
4 - 8 years continuous service 12 hours per month
8 - 12 years continuous service 14 hours per month
12 - 16 years continuous service 16 hours per month
16 - 20 years continuous service 18 hours per month
Over 20 years continuous service 20 hours per month
Section 3: Inspectors shall be granted vacation leave
in compliance with and subject to the following provisions
and conditions:
0 - 4 years continuous service 8 hours per month
4 - 8 years continuous service 10 hours per month
8 - 12 years continuous service 12 hours per month
12 - 16 years continuous service 14 hours per month
16 - 20 years continuous service 16 hours per month
Over 20 years continuous service 20 hours per month
Section 4: Vacation time will be credited to the
employee's account, effective the first day of each month
for the preceding month. For the month of January, six (6)
hours of time shall be credited to the Union Time Pool from
54
each employees accrued vacation leave with the balance
credited to the employees bank in accordance with this
article. New -hire probationary employees shall not receive
vacation leave; having satisfactorily completed the
probationary period, employees shall be credited with
retroactive vacation time for that period. A probationary
employee who does not satisfactorily complete probation is
not eligible to receive payment for accrued leave.
Section 5: Vacation leave time may be accrued to a
maximum of 240 hours.
Section 6: Vacation scheduling:
A) Twenty -Four (24) Hour Shift Employees:
1) Vacations shall be scheduled from January 1 through
December 31. The City shall determine the number of
employees who can be off on vacation at any time
throughout the year.
2) In October of each year, the City will advise
how many shift employees may be scheduled off for
vacation during the next year beginning January 1 per
shift by Driver Engineer, Fire Fighters, and
Paramedics.
3) During the month of November, shift employees shall
select vacation periods by seniority on a per shift
55
basis, in the following order and groupings: Driver
Engineers, Firefighters and Paramedics as set forth
herein:
Vacation selection during the month of November
shall be made in two (2) rounds:
(a) Employees choosing three (3) or more
consecutive shifts (which may include Kelly Days)
shall make the first selections.
(b) Employees wishing to pre - schedule another
group of one (1) or more consecutive shifts of
time shall choose during the second selection.
(c) The commander or his /her designee shall
notify in writing to the employee his /her
scheduled vacation by December 1.
4) On December 15th, the Commander or their designee
will begin to accept applications for remaining open
days for vacation scheduling for the up coming year,
which shall be on a first come, first serve basis. If
two (2) or more requests for the same day are received
on the same day, then the employee with the most
seniority will receive the requested day. Such
approval shall be based on staffing only and shall not
be unreasonably denied. Employees shall be notified no
later than the end of their shift following the shift
56
in which their request was made as to whether their
request has been approved or denied.
5) Once approved, vacation time shall not be rescinded
by management except in the event of a serious hardship
(major emergency ie: earthquake, tropical storm,
hurricane, or civil emergency). The payment of
overtime shall not constitute a serious hardship.
6) Employees may cancel their vacation time only if
requested by at least forty -eight (48) hours from the
start of the leave period including Kelly Days.
Cancellations, if requested less than forty -eight (48)
hours prior to the start of the leave period, may be
granted at the discretion of the Commander.
8) Inspectors - In October of each year, the City will
advise how many Inspectors may be scheduled off for
vacation during the next year beginning on January 1.
During the month of November, these employees shall
select vacation periods by seniority. When selecting
vacation periods during November, these employees may
not select more than twenty (20) consecutive working
days during the vacation year, which may be waived with
the approval of the immediate non - bargaining unit
supervisor in charge of scheduling, but such approval
shall not be unreasonably denied.
57
covered under this article throughout the duration of this
agreement, except that they will not be required to "buy
back" any time for which they were paid when they werc
converted to City policy on personal time off.
59
ARTICLE 32 SICK T.V -AVL
Section 1: During the first six (6) months of
employment, an employee accumulates sick leave at the rate
of three and one -half 13 1 /2) hours per month, but cannot
take sick leave until after the employee has been employed
six months. After six months, an employee shall accumulate
sick leave at the rate of nine (9) hours per month (eight
(8) hours for 40 -hour employees). Sick leave is credited
the first day of each month following the month in which it
is earned. An employee on unpaid leave or not on the
payroll for more than fifteen (15) calendar days in any
calendar month shall not be credited with sick leave for
that month.
Section 2: The City has the right to expect regular
and dependable attendance from its employees. Sick leave is
provided by the City as a form of economic security, and is
not to be considered a right.
Any employee who is unable to work due to sickness or
non - service connected disability shall receive sick leave
with full pay and benefits to the extent of the then accrued
amount.
Sick leave may be used in hourly increments for illness
of an immediate family member living in the employee's
household, or for maternity, child delivery or paternity
purposes.
Section 3: Sick leave may be used for medical or
dental appointments.
Section 4: Upon exhaustion of sick leave, an employee
shall use other accrued leave time for any purpose specified
in this Article.
Section 5: A maximum of eight- hundred (800) hours sick
leave time may be accumulated and maintained. After the
800 -hour maximum has been reached, sick leave will not again
accumulate until the employee has been charged with sick
leave.
Section 6: Separation from employment of the City
shall cancel all accumulated sick leave, except by
retirement or resignation in good standing after completion
of five (5) years of continuous service.
A retiring employee or an employee resigning in good
standing after the completion of five (5) years of
continuous service, shall be entitled to compensation for
accumulated sick leave at the rate of one (1) hour's pay, at
the employee's current rate of pay, for each two (2) hours
accumulated; or computation of retirement date reduced eight
(8) hours per each eight (8) hours sick leave earned, but
not taken, the choice to be that of the employee.
61
Section 7:
A) Sick leave of more than twenty -four (24)
consecutive regular working hours shall require a
physician's certificate if deemed necessary by the Fire
Chief and /or City Manager.
B) An employee may be granted sick leave beyond that
which he has accumulated at the discretion of and with the
approval of the City Manager.
Section 8: Abuse of sick leave shall result in: First
Offense: Written warning. Second Offense: Suspension of
up to ten (10) regular work week days without pay for non -
twenty -four (24) hour shift employees and up to three (3)
shifts without pay for twenty -four (24) hour shift employees
. Third Offense: Dismissal. If the employee has not been
disciplined for abuse of sick leave for a three year period,
any further abuse of such leave shall be treated as the
first offense.
Section 9: An employee absent on sick leave, shall
inform an on -duty supervisor at least one -half (1/2) hour
prior to his regularly scheduled reporting time of his
absence, the specific reason therefor, and where (phone
number and address) he will be while on sick leave. This
address and phone number will be updated whenever the
address or phone number changes during the period of sick
62
leave. Failure to do so may be the cause for denial of sick
leave with pay for the period of absence and other
disciplinary action.
Section 10: Any employee with a sick leave balance in
excess of eighty -four (84) hours as of December 1 of each
year has the option of being reimbursed for such hours in
excess of eighty -four (84) at fifty (50 %) percent of his
base hourly rate. The employee may select the number of
hours in excess of eighty -four (84) for which he desires
compensation; provided, no employee may be paid at the fifty
(50 %) percent rate for over eighty -four (84) hours in one
(1) year.
Section 11: Sick leave shall not be considered as
hours worked in the computation of overtime.
Section 12: Sick leave shall be used in minimum
increments of twelve (12) hours for personal illness /injury
and in minimum hourly increments for all other reasons.
Section 13: An employee on sick leave who contacts the
supervisor by 3:00 P.M. may request permission to begin work
at 7:00 P.M. that evening. Abuse of this privilege by any
member of the bargaining unit, as determined solely by the
Fire Chief, shall result in a revocation of this privilege
for that employee.
Section 14: Fire lieutenants, fire captains, and EMS
captains will receive sick leave benefits -as if they had
63
been covered under this article throughout the duration of
this agreement, except that they will not be required to
"buy back" any time for which they were paid when they were
converted to City policy on personal time off.
64
ARTICT•F 33 URGENCY RFT•FILSF
I.
An employee shall be released on an emergency basis
subject to the approval of the immediate supervisor. Such
time shall be deducted from the appropriate accrued leave.
65
ARTICLE 34 HOLIDAYS
Section l: The official holidays to be observed by
bargaining unit members shall be:
New Year's Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Washington's Birthday
(January 1)
(last Monday in May)
(Fourth of July)
(1st Monday in September)
(November 11)
(3rd Monday in February)
Section 2: Each bargaining unit member shall also
receive one personal holiday per contract year, which shall
be requested in advance and approved in the same manner as
vacation leave.
Section 3: For shift personnel, a holiday which falls
on a Saturday or Sunday will be observed on that day rather
than the day designated by the City.
Section 4: Forty -hour employees working on a holiday
will receive, in addition to their regular pay, eight (8)
hours holiday pay at one and one half (1 1/2) times the
regular rate of pay.
Section 5: All twenty four (24) hour shift employees
shall receive nine (9) hours of pay whether or not they work
the holiday; for each of the above named holidays. Holiday
pay shall be in the paycheck following the Holiday.
66
ARTICLE 35 BEREAVEMP -MT VVILVE
Section 1: Twenty -Four (24) Hour Shift Employees
In the case of a death in the family, an employee shall be
entitled to be off for the next five (5) calendar days and
be paid for up to two (2) scheduled shifts during that five
day period. If the death occurs while the employee is on
duty, the employee shall be entitled to the rest of the
shift off with pay.
Section 2: Non- Twenty -Four (24) Hour Shift F*Tloyeer
In case of a death in the immediate family, an employee
shall be entitled to be off for the next five (5) calendar
days and to be paid for up to five (5) regularly scheduled
working days which fall within that five (5) day period. If
the death occurs while the employee is on duty, the employee
shall be entitled to the rest of the shift off with pay.
Section 3: Z—ediate Family The immediate family
consists of the employee's child (step or adopted included),
spouse, parent (step or adopted included), brother, sister,
grandparent (both sides), grandparents in -law and parents-
in-law.
Section 4: With the Chief's approval, an employee may
extend funeral leave by using accrued vacation leave or comp
time.
Section 5: The City may require documentation to
support the employee's use of Bereavement Leave.
68
ARTICLE 36 T -PAVE OF ABSENcF
Section 1: Leave of absence, without pay, is
authorized absence from work for a definite period of time.
Section 2: Only a qualified employee is.eligible for a
Leave of Absence.
Section 3:
A. A written request for a leave of absence shall be
supplied to the Chief by the employee, giving the reason(s)
for such request and the period of the leave time sought.
B. Such request shall be supplied at least ten (10)
working days before the requested beginning date for such
leave, unless the Chief shall, because of extenuating
circumstances, agree to permit a shorter period of notice.
C. The Chief shall furnish a written request to the
City Manager together with his recommendation.
Section 4:
A. Approval of a leave of absence shall be at the
discretion of the City Manager for such reason(s) as he may
find to be valid and for such period of time as he may find
proper for the integrity of the City.
B. In considering a request for a leave of absence the
following items will be taken into account:
(1) Length of service with the City
(2) Employee's experience and employment record
69
(3) Departmental requirements for the time in question
C. No leave of absence shall be granted for a period
of more than three (3) calendar months, provided that a
leave of absence, or an extension of a leave of absence for
a longer period of time may be granted by the City Manager,
at his discretion.
Section 5: Any employee, while on a leave of absence,
who shall engage in any other gainful employment shall be
deemed to have resigned without notice, and the employee
shall be terminated unless the City Manager shall determine
that such other gainful employment shall be permitted, due
to extenuating circumstances.
Section 6: Any employee who shall fail to return to
work from a leave of absence on or before the expiration
date thereof without notifying the Chief and making
satisfactory arrangements, or without reasons acceptable to
the City Manager, shall be deemed to have resigned, without
notice, and the employee shall be terminated.
Section 7: Upon the expiration of a leave of absence,
the employee shall be restored to the position held at the
time said leave was granted.
70
ARTICLE 31 COURT LFAVR
Section 1: The Employer shall grant leave with pay to
an employee for the period of time for which the employee is
subpoenaed to appear before a court, judge, justice or
magistrate or at a deposition for any matter arising
directly out of his employment or in a circumstance where
the employee is subpoenaed by the State's Attorney in a
criminal matter arising out of the employee's employment or
anytime he/she is subpoenaed by the Employer. Off -duty
employees called in pursuant to this Article shall be
compensated at time and one -half for a minimum of two (2)
hours.
Section 2: Leave with pay or call -in pay will not be
granted for any proceeding involving employee discipline,
arbitration cases, and PERC cases, or any other case when
subpoenaed by a unit employee or the Union.
71
k
ARTICLE 38 M4PLOYSBS BILL OP' RIGHTS
All bargaining unit employees shall be afforded the
protection spelled out in the Fire Fighter's Bill of Rights,
Florida Statutes.
72
ARTICLE 39 STATION CONDITIONS
Section 1: Furnishings The City shall continue to
supply all stations with suitable furnishings for healthy
living conditions.
Section 2: The City shall provide a commercial washer
and dryer at the main station, and laundry detergent,
suitable to clean and disinfect bunker gear and station
bedding.
73
ARTICT -x 40 LEGAL BENEFITS
Section 1: The City shall, upon timely notice by an
employee, undertake the defense of any employee covered by
this agreement against civil damage suits arising from and
in connection with his /her employment. The City will not
cover an employee for litigation brought against the City by
the employee. Legal defense of this type will be paid
solely by the employee.
Section 2: The City shall indemnify all employees
against judgments for compensatory damages rendered against
an employee in a civil damage suit arising from and in
connection with duties performed by the employee in the
scope of his employment for the City provided that the
employee has not acted grossly negligent or with malice.
The City shall not indemnify any employee against judgments
rendered in civil suits which the City has not been given
notice of and an opportunity to defend.
Section 3: The employee shall give notice to the City
within forty -eight (48) hours of all injuries or damage to
persons or property, including the employee himself,
incurred by or witnessed by the employee while the employee
is on duty.
Section 4: It shall be the duty of the employee to
notify the City Attorney at first reasonable opportunity of
being served with any civil action.
74
Section 5: Failure to provide the notices required in
Section 3 and 4 shall result in disciplinary action, but
shall not limit the City's obligation to provide defense and
indemnification, provided reasonable notice is given and the
City's opportunity to defend is not adversely affected.
Section 6: The employee has the right to retain legal
counsel of his choice at his own option and expense. The
City shall make copies of discovery documents available to
the employee at no cost to the employee, provided there is
no disputed issue of liability between the City and the
employee involved in the suit.
75
ARTICTM 41 VOTING
Employees are expected to vote on their own time;
however, if scheduling or unusual circumstances prevent an
employee from voting on his own time, the Chief (or his
designee) may grant time off up to one (1) hour with pay for
the employee to vote.
76
ARTICLE 42 DAMAGED ZQVIP1UPI.*1T
The City agrees to reimburse the full cost for
eyeglasses, contact lenses and watches damaged in the line
of duty, not due to employee's own negligence, not to exceed
one hundred fifty dollars ($150.00) per item. Replacement
will be of a like kind.
77
ARTICT -M 43 PERSONNEL. RECORDS
Section 1: The City agrees that all official personnel
records shall be kept confidential to the extent provided by
law.
Section 2: The name and photograph of a bargaining
unit employee may be furnished to the news media in order to
announce promotions or acts of exemplary service.
Section 3: The City agrees that upon request, a
bargaining unit employee shall have the right to inspect all
his official personnel records during normal business hours.
The employee shall have prior permission and such
permission shall not be unreasonably denied. No record(s)
shall be hidden from a member's inspection.
Section 4: The City agrees that a member shall have
the right to include in his official personnel record a
written and signed refutation (including signed witness
statements) of any material the employee considers to be
detrimental.
Section 5: All such insertions will remain a permanent
part of the member's official personnel records.
78
ARTICLE 44 SALARIES
Section 1: Schedule of Wage Increases:
A) October 1, 1996, a four (4%) percent across the board and
a salary adjustment as stated in Appendix.
B) October 1, 1997, a three (3%) percent across the board.
C) October 1, 1998, a three (3%) percent across the board.
Section 2: Starting Pay:
The classification and base pay compensation plan for the
bargaining unit employees shall be:
TITLE:MIN:
Firefighter /EMT$24,000.00
Fire Medic $28,000.00($2,500.00Incentive Included)
Fire Inspector$28,000.00
Section 3:
a) Firefighters who become reclassified to Driver- Engineer
will receive a five percent (5$) increase in their base
rates.
b) Employees who pass both the state paramedic
certification and become protocoled, shall be re- classified
to the position of Fire Medic and will receive twenty -five
hundred ($2,500.00) dollars Incentive Pay.
C) Fire Medics assigned to an ALS unit will receive an
additional twenty -five hundred ($2,500.00)dollars Assignment
Pay added to their base rate of pay so long as they remain
assigned to an ALS unit. Assignment Pay shall be considered
79
a part of the employee's base pay for the calculation of
benefits and shall be paid bi- weekly. Fire Medic Assignment
Pay shall be added after all raises-and-not meant to be
compounded.
d) City employees who are promoted to Fire Medic that allow
their state certification to expire, shall revert back to
their prior position with the City.
e) Newly hired Fire Medics shall be allowed to take the
first protocol test after sixty (60) days from hire date and
have one (1) year in which to pass the protocol examination.
No Fire Medic shall be required to ride as the primary Fire
Medic until they have successfully completed their protocol
test and have been released by the City medical Director.
Section 4:All bargaining unit members hired before October
1, 1991, when they have completed their required years of
service, indicated below, shall be entitled to a percentage
increase in salary as follows:
Years of Percentage
Continuous Servicelncrease in Salary
4 years 2%
7 years 2%
11 years 2%
15 years 2%
20 years 2%
Section 5: Said percentage increases shall be added to base
salary.
80
Section 6:Continuous service as indicated in Section 4,
above, shall be defined as employment in City service
without break or interruption. Layoffs not exceeding one
year, authorized military leave, educational leave, vacation
or annual leave, sick leave, or other leave or lawful
extension thereof, or reinstatement in accordance with this
Agreement, shall not affect continuity of service.
Section 7:Longevity allowances for employees hired after
September 30, 1991, shall be as follows:
A. After completion of four (4) years service - $300.
B. After completion of seven (7) years service - $600.
C. After completion of eleven (11) years service - $900.
D. After completion of fifteen (15) years service - $1200.
E.After completion of twenty (20) years service - $1500.
Longevity shall not be calculated with the employee's base
salary, but will be maintained as a separate benefit payable
only on achievement of the specified anniversary date.
Longevity payment shall be made at the end of the payroll
period during which the anniversary date falls.
Section 8,:,,, For fiscal year 1,996 -1997, fire
lieutenants, fire captains, and EMS captains will not
receive the across the board wage increase provided for in
Section IA. Effective October 1, 1997, fire lieutenants,
fire captains, and EMS captains, will receive an additional,
equity pay adjustment in the amount of one thousand sir
81
hundred sixty -one ($1,661.00) dollars. Effective October 1,
1997, fire lieutenants, fire captains, and EMS captains will
receive the across the board wage increase provided for in
Section 1B. Effective October 1, 1997, fire lieutenants,
fire captains, and EMS captains will have their EMT
incentive pay rolled into base pay.
82
ARTICLE 45 OUTSIDE ACTIVITIES
Section 1: Employees shall at all times bear in mind
that they are seen by the general public, while off- duty'as
well as on -duty, as personnel of the City of Palm Beach
Gardens, Florida, and its Fire Department. Employees shall
at all times conduct themselves in such a manner as to bring
no discredit, directly or by association, upon the City of
the Department. Nothing herein shall be construed to
inhibit the freedom of speech or right of any other freedom
guaranteed citizens under the Constitution and its
amendments of employees and Union representatives.
Section 2: Employees accepting employment with any
other employer while employed by the City shall do so only
so long as the employment does not conflict with the
employee's performance of duties for the City. In such
instances, the employee's primary obligation shall continue
to be to the City, and the employee shall arrange his or her
affairs accordingly.
Section 3: Employees shall at all times keep the City
advised as to any outside employment by submitting a "Permit
for Outside Employment ".
83
PERMIT FOR OUTSIDE
EMPLOYMENT EMPLOYEE:
POSITION:
I hereby notify the City of my intent to work another job in
addition to my full -time position with the City of Palm
Beach Gardens:
COMPANY NAME:
ADDRESS:
WORKING HOURS: # HOURS PER WEEK:
SUPERVISOR'S NAME:
PHONE:
NATURE OF
WORK:
The outside work I will be performing is not in conflict
with my present position and that it will not interfere with
my job performance with the City. I understand that I will
not be eligible for city workers compensation or disability
pay for any injury sustained in this outside employment.
SIGNED: DATE:
Employee
RESTRICTIONS:
THIS PERMIT IS IN EFFECT
UNTIL:
APPROVED: DATE:
Department Head
APPROVED: _DATE:
City Manager
84
ARTICLE 46 WORK WEEK
Section 1: The work cycle shall be twenty -one (21)
consecutive days. The work week shall be an average of
forty -eight (48) hours based on a three (3) shift system of
twenty -four (24) hours on duty and forty -eight (48) hours
off duty with an additional shift off (Kelly Day) every
seventh (7th) shift. The 24 -hour shifts shall commence at
0700 hours and continue through 0700 hours the following
day.
Section 2: The Fire Inspector shall work a forty (40)
hour work week, which may be comprised of four (4) ten (10)
hour days or five (5) eight (8) hour days. The City will
establish the hours of work best suited to meet the needs of
the department to provide superior service to the community.
Section 3: It is recognized and understood that
deviations from the foregoing schedules of work will be
necessary and will unavoidably result from several causes.
Section 4: For all employees the work hour shall be
broken down into four (4) fifteen (15) minute segments. An
employee shall be noted as late for work if the employee
does not report ready for work at the assigned work station
at the assigned starting time. If an employee reports for
work late, eight (8) minutes or more after starting time,
the employee shall be docked in major segments of one -
quarter (1/4) hour.
85
ARTICLE 47 EXCHANGE OF Tn"— :
Section 1: Employees may exchange shifts, or parts of
shifts, with another employee with prior approval of the
Chief or his designee, but such approval shall not be
unreasonably denied.
Section 2: When an employee, who is scheduled to
exchange time for another employee, does not report for
duty, that employee will be the one who shall be subject to
the appropriate discipline.
Section 3:,, All pay -backs for exchange of time are the
responsibility of the employees involved in the exchange.
86
ARTICLE 48 MEETING ROOMS
The City agrees to grant the Union permission to use
the City Council Chambers and Fire Department meeting rooms
for its meetings, provided that this facility will not be
utilized for press conferences.
87
ARTICLE 49 ACCESS TO- PREAUCTSES
The Union and its representatives, attorneys, agents
and persons acting in its behalf shall have access to the
City's premises and work locations and property, real and
personal, in accordance with State Law.
88
AATICT -W 50 JURY DUTY
Section 1: Employees required to serve on jury duty
will be paid at their regular rate of pay for time served
which would otherwise be scheduled work time. Employees
must turn over to the City any moneys received by the courts
for serving on jury duty.
Section 2: Employees must promptly report back to work
any time they are released from jury duty on a daily basis,
if otherwise scheduled to work that shift except non -shift
personnel need return to work only if at least four (4)
hours remain in their normal work day when released.
89
ARTICLE Sl MILITARY RESERVE TMAVE
Section 1: Annual Active Duty Training for Reservists
A. A qualified employee who is a member of any
military reserve unit of the United States, or any National
Guard Unit, and must have received "Active Duty Training
Order" shall be granted Military Leave with differential pay
for up to seventeen (17) calendar days per calendar year.
Additional leaves of absence for military training shall be
without pay.
B. Such leave shall be granted by the City Manager
after he is presented with written military orders.
C. Notification of such Military Leave shall be made
to the City Manager on the form provided.
D. Compensation of such employee shall be at his
regular rate of pay for the period concerned, less any
payments he receives from the military for such period.
Section 2: Pre - Induction Physical Ex— inations
A. A qualified employee ordered for pre- induction
physical examination shall be given up to two (2) scheduled
working days off, with pay, for this purpose by his Chief on
the basis of written military orders. This section is
applicable only during a military draft implementation.
Section 3: Active Military Duty
A. In accordance with the Veterans Reemployment Rights
Act, a reservist who is voluntarily or involuntarily called
.F
to active duty shall be placed on leave of absence without
pay for a period of time not to exceed four (4) years.
B. An employee called to active duty may request to be
paid all accrued vacation leave and compensatory time. Such
payment shall be included in the next scheduled payroll.
C. An employee called to active duty shall be paid up
to and not to exceed eight (8) weeks pay at one -half (1/2)
his base rate of pay, excluding incentive and longevity pay,
upon presentation of military orders. Payment shall be
included in the next scheduled payroll. An employee called
to active duty for less than eight (8) weeks shall be paid
one -half (1/2) base pay for the period of time he is on
active duty. An employee returning to work from active duty
and who has received the full eight (8) weeks benefit must
work a continuous one (1) year period to again be eligible
for this benefit.
D. An employee on leave of absence for more than
fifteen (15) calendar days shall not receive a uniform
allowance and shall not be credited with vacation or sick
leave for that month.
E. The employee may elect to continue medical and
dental coverage under the COBRA policy. Application for
continuation of medical benefits must be made within sixty
(60) days of the last day of work, and all premium payments
91
shall be the responsibility of the employee or his eligible
dependent(s).
F. An employee returning from military leave who was
discharged from the Armed Forces of the United States under
honorable conditions shall be reinstated, per the Veterans
Reemployment Rights Act, to the same position or a position
of like seniority, status, and pay. The returning employee
must be qualified to perform the duties of the position to
which he returns; must make application for reinstatement
within ninety (90) days following his discharge; must not
have served over four (4) years; and must report for work
when so instructed. A reservist called up for ninety (90)
days must reapply for his job within thirty -one (31) days
after returning from duty.
G. A reinstated employee shall receive the same status
as to pay, seniority, and benefits that the employee would
have had if the employee had not been called for military
duty. The returning employee may be permitted to make the
pension contributions that the employee would have otherwise
made but for military service, in order to secure pension
benefits for the period of military service.
W,
ARTICLE 52 PROBATIONARY PERIOD
Section 1: All new hires shall serve a probationary
period of twelve (12) months. Any employee promoted,
demoted, or transferred shall serve a probationary period of
six (6) months. The probationary period may be extended up
to an additional six (6) months if additional time is needed
to evaluate the employee's performance in the position, and
notification of extension of probation shall be provided to
the employee in writing.
Section 2: A newly hired probationary employee may
terminated at any time and for any reason during the
probationary review period. A probationary employee who is
removed has no grievance rights.
93
ARTICT -2 53 ALCOHOL AND SUBSTANCE ABUSE POLICT
Section 1: Rights of the City and the ft-ploycet-
The City recognizes that Fire Department employees are
not immune from the problems which face society in general.
The problems of alcohol and substance abuse are well
recognized as serious problems in our society. The purpose
of this new policy is to eliminate alcohol and drug abuse by
employees. This policy is intended to be corrective rather
than punitive in application. Employees voluntarily
admitting an alcohol or substance abuse problem shall be
given an opportunity for rehabilitation before disciplinary
action is imposed.
Section 2: Alcohol /Substance Abuse Prohibited
All City employees shall:
A. Refrain from impairment for duty by use of alcohol
and /or a controlled substance;
B. Avoid any controlled substance not prescribed for
use by a licensed physician;
C. Not possess, dispense, or sell any controlled
substances not prescribed for use by a licensed physician
and
D. Refrain from using a prescribed medication on duty
in a manner not substantially conforming to the direction of
the prescribing physician.
94
Section 3: Employees who voluntarily seek help for a
substance abuse or alcohol problem will not be punished
provided:
A. The employee at his own expense, which may include
any applicable insurance coverage, enters a recognized
alcohol /substance abuse program.
B. The employee goes on an unpaid leave (employee may
use all accumulated leave first) until being certified as
having successfully completed the program.
C. The employee executes a waiver permitting the
alcohol /substance abuse program director or counselor to
communicate confidentially with the City Manager or his
designee concerning the employee's progress (which shall be
limited to participation, progress and completion of the
program).
Abuse
Section 4: City's Right to Test for Alcohol / Substance
A. Bargaining unit employees may be subject to blood
testing and /or urinalysis in the manner provided in
subsection b to detect the presence of alcohol and /or
controlled substances if the employee has acted in violation
of Section 2 of this Article.
B. For an employee to be subject to blood testing
and /or urinalysis a Chief, Chief Officer, or Lieutenant must
have reasonable suspicion, based on specific objective
95
facts, that the employee is under the influence of alcohol
and /or a controlled substance as prescribed in Section 2 of
this Article. Reasonable suspicion of alcohol /substance
abuse must be verified by a Chief, Chief Officer,
Lieutenant, and a corroborating witness.
C. If an employee is ordered back to duty for testing,
the employee shall be paid for the time required for
testing.
Section 5: Grieving Reason�ahle Suspicion If an
employee disputes the reasonable suspicion, the employee may
arbitrate the reasonable suspicion charge through the
expedited arbitration process provided for in the grievance
and arbitration article of this agreement. The employee
must, nonetheless, submit to a blood/urinalysis test, as
ordered by the appropriate supervisor and thereafter file a
grievance over the order. Refusal to submit to testing may
be grounds for discipline.
Section 6: Blood /Urine Test
A. In testing for the presence of alcohol, the City
shall utilize a generally accepted blood test procedure
which produces quantitative results showing the amount of
alcohol present in the blood. A blood alcohol concentration
level of .10 percent or above shall be deemed a positive
test for alcohol abuse under this Section.
S
H. In testing for the presence of controlled
substances, the City shall in the first instance utilize an
immunochemical assay or radio immunoassay test (i.e., EMIT)
on the employee's urine. If the initial test is positive
for a controlled substance, the same urine specimen shall be
subjected to a further test using the gas
chromatography /mass spectrometry method for verification. A
portion of the urine sample shall be retained for a second
verification test at a facility selected by the employee.
If both the initial test and the verification test are
positive for a controlled substance, the employee shall be
notified of the results by the City.
C. All blood /urine tests shall be conducted by a
reliable state licensed clinical laboratory.
D. The Union President, Treasurer or other official
shall be notified within twenty -four (24) hours that the
results of the blood /alcohol test and the second
verification sample are finalized.
E. The City shall keep the results of any testing
confidential, except as to disclosure to the Fire Chief,
City Manager, the employee, or any individuals appropriately
involved in any disciplinary proceedings. Furthermore, any
results of positive testing which are later refuted shall be
affixed to the subsequent refutation.
97
Section 7: Disciplines Any employee who tests
positive under the provisions of this Article, except per
Section 3, or in the event that the reasonable suspicion
arbitration is won by the employee, shall be terminated.
98
ARTICT -W 54 DQRATION or AGRLimp*mT
It is understood by and between the parties that this
Agreement shall be effective October 1, 1996, and shall
continue until September 30, 1999. This Agreement shall be
automatically renewed annually provided, however, that
either party may give written notice, not later than 120
days in advance of the expiration date of this Agreement of
its intention to renegotiate the Agreement.
99
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement
this day of 1 19948.
City of Palm Beach Gardens PROFESSIONAL FIREFIGHTERS/
PARAMEDICS OF PALM BEACH
COUNTY
LOCAL 2928,IAFF,INC.
Bobbie Herakovich
City Manager
---------------- - - - - --
Pete Bergel
Deputy Chief
Ratified by City of
Palm Beach Gardens on the
,day of 1994-8.
Confirmed by:
Mayor, Palm Beach Gardens
City Council
Richard K. ♦ \a VJ
Michael J. Mayo President
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AT .. -�.�t: *:w T.. mow. tut ...w lnn•_
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T T
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Ed Schur hciz.+
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Ratified by the Union on
the day of
1998.
Confirmed by:
President, Professional Fire
Fighters /Paramedics of Palm
Beach County, Local 2928,IAFF,
Inc.
100
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 16, 1998
The April 16, 1998, Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order at 7:30 p.m. by
Vice Mayor Lauren W. Furtado in the City 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 following elected officials were found to be in attendance:
Mayor Joseph Russo, Vice Mayor Lauren W. Furtado, Chairman Pro
Tem. Eric Jablin, and Councilman Carl Sabatello. Councilman David
Clark arrived at 7:35 p.m.
,oil 0-NiTtlas
REPORT The City Manager reported that West Palm Beach had requested the
deed to the water catchment area for Jog Road be turned over to Palm
Beach County, and suggested communicating with West Palm Beach
that Palm Beach Gardens did not believe Jog Road would be
continued through an environmentally sensitive area. The City
Manager was requested to find out who made the request and why the
request was made.
The City Manager announced the annual Beautiful Palm Beaches
Cleanup on Saturday at 8 a.m. The City Manager announced a
Special City Council meeting for May 28, 1998 where contract
recommendations for the new municipal complex would be considered
for approval. The starting time for this meeting would be set after
bids were received.
The City Manager announced that Finance Director Kent Olson would
discuss unfunded mandates. Mr. Olson explained that two bills now
in the Senate, SB3735 and SB270, would mandate that all provisions
of Chapter 175 and 185 could apply to local law pension plans, and
would allow pension boards to consider how State funds could be
spent. Mr. Olson explained that the City's current plan had equal or
better benefits and that under these mandates the cost to the City
could be just under $400,000 annually. Vice Mayor Furtado made a
motion to authorize the Mayor to sign letters opposing these bills.
Motion was seconded by Chair Pro Tem Jablin and carried by
unanimous 5 -0 vote.
CITY COUNCIL REGULAR MEETING 4/16/98
PRESENTATIONS
PAGE 2
The City Manager announced that a issue before the Constitutional
Revision Committee would change a Park policy which would
increase the sovereign unity level for municipalities to $500,000. It
was the consensus of the City Council to direct the City Attorney to
draft a response in opposition of this proposed change.
1998 State Spring Games Brahm Dubin, Dubin & Associates, announced the first annual
membership tournament to be held May 9,;1998, and announced a
current total of 131 memberships, of which 85 were Palm Beach
Gardens residents. Mr. Dubin announced the 4th Annual Unified
Youth Sports Festival, which would be hosted by the Palm Beach
County Sports Commission. Mr. Dubin announced the State Spring
Games Florida Special Olympics on May 15, 1998.
1997 Audit Debra Dias, Partner, Haas, Dias & Company, announced that the
audit report consisted of an opinion letter, a letter regarding
compliance and manual control of finance, and a third letter stating the
City is not in a state of financial emergency and containing
management comments. Ms. Dias reviewed a brochure containing
revenues and expenditures for the past five years. During discussion,
Mayor Russo stated he wanted to be sure at budget time that expenses
did not exceed revenues. Councilmember Sabatello questioned certain
expenditures. Ms. Dias explained that money which had been
accumulating for several years was now being spent for projects. Vice
Mayor Furtado requested the Finance Director prepare a City Line
article to explain the budget. Ms. Dias stated the City's fiscal stability
was very sound.
BallenIsles City Council
Beautification Award Members of the BallenIsles Country Club Property Owners
Association were presented with the first 1998 residential
beautification award from the City of Palm Beach Gardens
Beautification and Environmental Committee for their community's
beautification efforts.
Mayor Wagner, Lake Park Mayor Will Wagner of Lake Park announced that Lake Park was
celebrating their 75th anniversary. Mayor Wagner invited all the
Council members to a joint workshop of all the councils who were
CITY COUNCIL REGULAR MEETING 4/16/98
AWARDING OF BIDS
Equipment Purchase
for Parks Division
ITEMS BY MAYOR
AND COUNCIL
COMMENTS FROM
THE PUBLIC
CONSENT AGENDA
RESOLUTIONS
PAGE 3
members of NAMAC at Juno Beach on May 11, 1998, to discuss a
north county central dispatch system, and encouraged representatives
to attend meetings, and expressed hope that the Council woud appoint
a representative and an alternate.
City Manager Herakovich reported that staff recommended
piggybacking onto the Orange County School Board's contract for
equipment and to award an amount not to exceed $36,961.62 to
Turner Outdoor Equipment of Delray, to purchase two off -road utility
vehicles, a ball field machine, a self - propelled field painter, and a
tractor for park maintenance. Vice Mayor Furtado made a motion to
accept the staff recommendation. Chairman Pro Tem Jablin seconded
the motion, which carried by unanimous 5 -0 vote.
It was the consensus of the City Council to postpone this item until
later in the meeting.
There were no comments from the public.
Councilman Clark made a motion to approve the Consent Agenda as
submitted. Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote.
RESOLUTION 32, 1998 Neil Lewis was proposed as a regular member of the Code
Enforcement Board, with term to expire March 5, 1999. Vice Mayor
Furtado made a motion to approve Resolution 32, 1998 with the name
of Neil Lewis inserted in the blank. Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote.
RESOLUTION 33, 1998 Ralph R. Pisani was proposed as a regular member of the Planning
and Zoning Commission, with term to expire February 1, 1999. Paul
Sabatello was proposed as an alternate member of the Planning and
Zoning Commission, with term to expire February 1, 1999. A poll of
the City Council indicated that all members were comfortable with the
recommendation of Paul Sabatello; however, indicated that his
CITY COUNCIL REGULAR MEETING 4/16/98
PAGE 4
appointment must be delayed until receipt of his resignation from the
Code Enforcement Board. Councilman Clark made a motion to
approve Resolution 33, 1998 with the name of Ralph R. Pisani
inserted in the blank. Chair Pro Tern Jablin seconded the motion,
which carried by unanimous 5 -0 vote. Chair Pro Tern Jablin made a
motion to reconsider Resolution 33, 1998. Councilman Clark
seconded the motion, which carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve Resolution 33, 1998
with the following amendments as recommended by the City Attorney:
changing the wording Two (2) Members to One (1) Member; deleting
Section 2; and renumbering Section 3 to Section 2. Chair Pro Tern
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 34, 1998 Audrey Marton was proposed as a regular member of the
Beautification and Environmental Committee, with term to expire
March 21, 2001, to replace Donna Amado, who had resigned.
Councilman Clark made a motion to approve Resolution 34, 1998
with the name of Audrey Marton inserted in the blank. Vice Mayor
Furtado seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 35, 1998 Bruce W. Fletcher, Pam Didio, and Susie Kendall were proposed for
reappointment to the Parks and Recreation Advisory Board for two
year terms. Vice Mayor Furtado made a motion to approve
Resolution 35, 1998 with the names Bruce W. Fletcher, Pam Didio,
and Susie Kendall inserted in the blanks. Councilman Clark seconded
the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 37, 1998 City Manager Herakovich described the process by which candidates
had been reviewed for the position of Fire Chief. Pete Bergel was
recommended as Fire Chief for the City of Palm Beach Gardens. The
City Manager listed the chosen candidate's qualifications.
Councilman Clark made a motion to approve Resolution 37, 1998
with the name of Peter Bergel inserted in the blanks. Vice Mayor
Furtado seconded the motion, which carried by unanimous 5 -0 vote.
Congratulations to Fire Chief Bergel were extended by Mayor Russo
and Vice Mayor Furtado. Fire Chief Bergel was sworn in by the
Deputy City Clerk.
ORDINANCE 7, 1998 Principal Planner Kim Glas proposed a new policy for concurrent
applications for development orders to be codified in the Land
Development Regulations. The new policy would place the decision
for concurrent processing in the hands of the Growth Management
CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 5
Director. After concern was expressed regarding taking this decision
from the City Council, Growth Management Director Manning
recommended that the Growth Management staff be allowed to
review the criteria and make a recommendation to the City Council,
who would have responsibility for the final decision. Staff was
directed to make appropriate changes to the Ordinance and bring back
for first reading at the May 7, 1998 City Council meeting.
ORDINANCE 8, 1998 Vice Mayor Furtado made a motion to approve Ordinance 8, 1998 on
first reading by title only. Councilman Clark seconded the motion.
During discussion of the motion, Vice Mayor Furtado, Liaison to the
Parks & Recreation Board, explained the Board would now meet
every two months instead of quarterly and members' terms would be
extended from one year to two years. In response to Councilman
Sabatello's question regarding whether a board member could be
dropped from the board before expiration of a term, the City Manager
explained that generally if four meetings in a row were missed, the
member would be dropped. Boards were allowed to set different
attendance criteria if desired. Motion carried by unanimous 5 -0 vote.
The Deputy City Clerk read Ordinance 8, 1998 by title only on first
reading.
ORDINANCE 9, 1998 Growth Management Director Roxanne Manning explained that this
Ordinance would amend the zoning code to clarify the definition of
development, make sure that residential projects and City -owned
projects were not subject to the requirements of the Ordinance, clarify
the term fee, and delete a section on eligible projects because defining
the term development defined an eligible project. Language would be
added to Section 4: except the definition of development contained
in any other chapter of the City's code ordinances, as recommended
by the City's legal staff. Councilman Clark requested that the
Ordinance differentiate between residential houses and residential
developments and requested that the word Development be capitalized
in one section of the Ordinance. Councilman Clark made a motion to
approve Ordinance 9, 1998 on first reading by title only. Chair Pro
Tern Jablin seconded the motion, which carried by unanimous 5 -0
vote. The Deputy City Clerk read Ordinance 9, 1998 by title only on
first reading.
CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 6
ITEMS FOR COUNCIL
ACTION
Equestrian Ad -Hoc Task
Force It was the consensus of the City Council that Councilman Clark be
appointed as a regular member of the Equestrian Ad -Hoc Task Force,
with Chair Pro Tern Jablin as alternate. It was reported that the
meetings were usually held at 5 p.m. at the Palm Beach County
Government Center.
NAMAC It was the consensus of the City Council that Mayor Russo be
appointed as a regular member representing both Fire and Police, to
attend NAMAC meetings, with Chair Pro 'Tem Jablin as alternate
representing both Fire and Police. Chair Pro Tern Jablin planned to
attend the May 11 meeting. City Manager Herakovich reported that
the City's new computer system would allow NAMAC financial
reporting.
Municipal League Mayor Russo suggested that several voting alternates be appointed so
that someone from the City would always be in attendance and
someone would always be there to vote, and requested that this be
brought back in Resolution form.
Northlake Boulevard
Task Force Vice Mayor Furtado volunteered as City Council Liaison, and
Councilman Sabatello volunteered as alternate for Northlake
Boulevard Task Force.
City Sign After discussion of the proposed sign changes, it was the consensus
of the City Council to keep the current design. The City Manager
explained that as a condition of a development order, developers of
two upcoming projects would be providing funding for signs.
ITEMS BY MAYOR
AND CITY COUNCIL
Vice Mayor Furtado The Vice Mayor questioned whether the variance for a median cut on
Military Trail which was granted to Northmil in 1996 would be
granted today based on current traffic counts, and pointed out that
variances were not binding for more than six months. The City
Attorney stated he did not believe that was' a legal question and that
CITY COUNCIL REGULAR MEETING 4/16/98
PAGE 7
he could not answer it. Vice Mayor Furtado reported she had
learned at the MPO meeting that $200,000,000 was being
appropriated on the Federal level for the bullet train, and requested
letters be sent to the MPO and to the Secretary of Transportation
suggesting funding be set aside to get double tracking for Tri-Rail in
place ahead of the bullet train project. The Vice Mayor reported that
Gardens Mall and Medical Mall officials had indicated that public
transportation was needed in order to provide transportation for
workers. The Vice Mayor commented there was a need for a
Juvenile Justice Truancy Site in Palm Beach Gardens, and requested
research be done to determine the amount of square footage needed
so that donated space could be sought. The site would screen any
child not in school picked up on the street as to why they were not in
school and trained personnel from a central truancy group would
address the cause, such as family problems, drug problems, etc. City
Manager Herakovich stated she would send a list of available space to
Pat Sheffield, who was handling that matter. Vice Mayor Furtado
suggested more City Line newsletter articles regarding the City's
businesses.
Chair Pro Tem Jablin Chair Pro Tem Jablin reported that the City Attorney had advised
there would be no problem with the Education Advisory Board
hosting a candidate's forum for the upcoming School Board election,
which had been announced at the previous evening's Education
Advisory Board meeting. Chair Pro Tem Jablin had contacted
Adelphia Cable, who agreed to provide county-wide coverage of the
event, which would be sponsored by the Palm Beach Gardens
Education Advisory Board and other Education Advisory Boards in
the area. Chair Pro Tem Jablin stated he hoped to get the Palm Beach
Gardens High School Magnet Film Program to do actual production
of the debate.
CITY ATTORNEY
REPORT Attorney David Acton explained no order to show cause had been
received in the Northmil matter. Attorney Acton reported great
harmony in working in sync with the Department of Justice on the
USA vs. Gardens Consent Decree matter.
ADJOURNMENT There being no further business to discuss, upon motion by Vice
Mayor Furtado, seconded by Councilman David Clark, the meeting
was adjourned at 9:30 p.m.
CITY COUNCIL REGULAR MEETING 4/16/98
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
PAGE 8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: May 21, 1998
Subject/Agenda Item:
Consideration of Approval: Petition SP- 97 -19: Northcorp Lot 10/11 South Park Plaza
Hank Skokowskl, agent for Northcorp Development, Inc , is requesting site plan approval
for a 69,208 square -foot office building within the South Park Center plat of the Northcorp
Corporate Park, to be called South Park Plaza The petitioner is proposing to utilize both
existing lots 10 and 11 for the building site area The site area is approximately 4 68 acres
in area South Park Plaza Is located on East Park Drive, approximately 1/4 mile north of
Burns Road. (7- 42S -43E)
Recommendation /Motion:
Staff is recommending approval of Resolution 46, 1998 with three (3) conditions.
Reviewed by:
Originating Dept.:
Costs: $_0
Council Action:
Total
C: +v Attorney
[ ] Approved„
Finance_ N/A
$ 0
[ ] Approved w/condbons
Current FY
ACM
( ] Denied _
Human Res N/A
Funding Source:
[ ] Continued to
Advertised:
Other N/A
Date
[ ] Operating
Attachments:
Paper
[ x ] Not Required
[ ] Other N/A
Resolution 46, 1998
Site P;ar,, Landscape
Submitted by:
Plan. Alternates A & B
Principal Planner
Affected parties
Budget Acct. #:
Memos City Engineer,
[ ] Notified
Police, Fire, Seacoast
[ ] None
Approved by:
City Manager
[ x Not required
BACKGROUND:
Location, Zoning and Land Use
The Northcorp Center plat was originally approved by Resolution 82, 1989 The Northcorp
PCD was approved by Ordinance 1, 1990 and the South Park Center Plat was approved
by Resolution 2, 1990 The Northcorp Center PCD was further amended by Resolution
65, 1992, which provided for a streetscaping scenario for the entire PCD
TABLE 1 & 2
EXISTING ZONING
AND LAND USE DESIGNATIONS
AND SITE ANALYSIS
EXISTING USE
...... .... ... ....
ZO NN G
...... . ... ...... ...
LAND USE
.. .......................
................. ... ... ...
....................
. ...... .. .........
Subject Property:
Planned Community Development
Industrial
Vacant
North
Planned Community Development
Industrial
Vacant
South
Planned Community Development
Industrial
Vacant
East
Planned Community Development
Industrial
Vacant
West
Planned Community Development
Industrial
Vacant
Zoning: PCD Northcorp PCD
Required/Allowed
Provided
Compliance
Land Use: I (Ordinance 1, 1990)
Requirements
Floor Area Ratio
Maximum FAR not to
33 9% FAR for the
To be
exceed 38% at buildout
individual parcel
determined
of entire PCD
at buildout
of PCD
Front Yard Setbacks
25' + 1' for every 3 additional
1 45' 1 a'
yes
feet of building height above
26 = 33 5 feet
Height Restrictions
1 10 stones
3 stories
yes
1
Minimum Open Space
28%
33%
yes
i Rooftop Screening
All Antennas, Microwave
yes
Dishes and Rooftop
Equipment
Lot Coverage
40% maximum - 2 5% for
113%
Yes
every floor above 2 floors
= 37 5 % maximum
Zoning Comparison:
M-1 Industrial District
L
Front
Per Ordinance 1, 1990
yes
Side
15 feet
116 feet
yes
Side Facing Street
40 feet
N/A.
NIA
Rear
15 feet
93 5 feet
yes
1
Color
..........�
Lighting
I
-a
Sec 110 -37(c) "All signs
Palming
shall be of uniform type,
i
color and material
1
...
Average footcandle in yes
.... ..........
parking area = 3 93fc
areas, 10 footcandles in
Required Number
1 space for every 300 square
258
yes
i I
feet, 69,208/300= 231 spaces
required
Stall Size
10 feet by 18 5 feet
9 feet by 18 5 feet
ye o-
(9 feet by 18 5 feet if
(additional open space
1
additional open space is
created)
created)
r
✓E.. . ........._. .._ ..........................1.
... ............................... .................
t............ .. ...... ... ..........
.. ... i....... .... ...........
.�
. ........... :......... ....... ....... ......................
.......... ............. .................. ............
... .... .. ... ... ............. ... ......... ...........
►.......... ...............
Points
6.229
8,104
Landscaped Buffers
Front
15 feet
20 feet
I yes
Side
8 feet
8 feet
yes
Rear
8 feet
8 feet
yes
Parking Areas
Every parking stall within
Every parking stall
yes
40 feet of tree
vwthin 4d feet of tree
Preservation
Section 98-1 intent
1,164 points of
yes
preserved trees Ficus.
Live Oak; Sabal Palm
..... ......L
........................
L........ .
1
Ground Signs
315 26 feet of R O W =
one ground s.gn
yes
one (1) ground signs
Setbacks
15 feet front property line,
21 feet from front
yes
50 feet from side property
property line
line
63'11" from side
property lire
r
Dimensions
length= 15 feet max
length= 15 feet max
yes
height= 10 feet max
height= 4 feet max
Area =60 square feet max
Area= 30 square feet
max
Wall Signs
1 per tenant elevation facing
1 per tenant elevation
I yes
aROW
facing aR0W
1
Color
..........�
Lighting
I
-a
Sec 110 -37(c) "All signs
uniform color yes
shall be of uniform type,
i
color and material
Sec 118 -474 (4) Minimum
Average footcandle in yes
0 6 footcandles in outdoor
parking area = 3 93fc
areas, 10 footcandles in
Min on site= 1 01 fc
vehicle use area
i I
PETITION SP- 97 -99: REQUESTED WAIVERS
Required
i
Three (3) loading spaces
required. 12'X 35' minimum
stall size
Minimum parking stall size of
10'X185'
Proposed Use
Proposed
Two (2) loading spaces, one yes
space 12'X 30' minimum
9'X 18 5' parking stall size ' yes
Waiver Requested
The proposed 69,208 square foot office building is to be built on two existing, platted lots
within the South Park Center plat of the Northcorp Planned Community Development. The
two existing lots, 11 and a portion of 10, will be utilized for the development of South Park
Plaza Staff is recommending a unity of title be recorded for the purposes of utilizing two
lots for one site plan The remainder of lot 10 will be developed separately or combined
with lot 9 for development at a future date. Northcorp PCD is bounded by a property line
approximately 220 feet north of RCA Boulevard, Burns Road to the south, 1 -95 to the west
and the Florida East Coast Railroad to the east.
Building and Materials
The building layout design includes two main three -story "wings" extending in a "v" shaped
pattern from a central atrium The central atrium, which includes the main entry area, will
have a dark brown granite veneer with dark gray tinted glass. The main building wings will
be constructed from cast concrete panels in "light sand" color and light green tinted glass.
The building will also contain an "off white" accent color and trim along the top of the
central atrium portion of the building.
Parking
LDR section 118 -476 specifies that, for office use, one parking space per 300 square feet
is required For the proposed 69,208 square foot office building, this equals 231 spaces.
The petitioner has provided 258 spaces, including 7 spaces for the disabled, which meets
Florida's ADA standards
The petitioner has requested two waivers: To allow for reduced loading space size for two
of the three required loading spaces, and, to allow 9' instead of 10' wide parking spaces
The petitioner has indicated that an office use does not require the use of the largest
loading vehicles, but smaller loading spaces would be appropriate and allow for less
paved area and greater open space. Regarding the width of the parking space, City Code
allows a reduced size in return for additional landscaped open space. The petitioner has
said that it will provide the calculations indicating the increased landscaped open space
on site with the smaller parking spaces.
Landscapinq
The Landscape Code requires 6,229 points of landscaping at this site. The petitioner has
provided 8,104 points of landscaping, including 1,164 points of preserved trees. In
response to City Forester Mark Hendrickson's initial comments, the petitioner has revised
the landscape plan to include five (5) additional oak trees, with shrubs and ground cover
along a 2' to 3' berm in the 20' drainage easement along East Park Drive Additional
landscaping has also been added to screen the lift station along East Park Drive. In
response, to the other comments from the City Forester regarding additional open space
and pervious concrete parking areas, the petitioner has indicated that they will meet with
the Forester to resolve these issues
Traffic
The project is located within Northcorp Planned Community Development The proposed
project is in compliance with Conditions 14, 16, and 17 of Ordinance 1, 1990, pertaining
drainage at the Northcorp PCD
Drainage
The project is located within Northcorp Planned Community Development. The proposed
project is in compliance with Conditions 14, 16, and 17 of Ordinance 1, 1990, pertaining
drainage at the Northcorp PCD
Staff Comments
Planning and Zoning
Staff maintains that the contract shall be let by the developer for the extension of East Park
Drive as a public ROW between Northcorp Parkway and RCA Boulevard prior to the
issuance of a building permit This determination is based on language found in Resolution
82, 1989, Resolution 65, 1992, and Resolution 118, 1995 Staff is proposing the following
condition of approval: "The contract shall be let by the developer for the extension of East
Park Drive as a public ROW between the Northcorp Parkway and RCA Boulevard prior to
the issuance of a building permit."
Condition 22 of Ordinance 1, 1990 requires a traffic warrant study be conducted by all
applicants for the development of parcels within South Park Center. The petitioner has
indicated that they are prepared to finance the construction of the traffic signal. However,
they must receive the approval of Palm Beach County, which will conduct its own warrant
study
In response to staffs concern over the lack of color, style and number of messages
indicated on the ground sign elevation, the petitioner has noted the following: "The
proposed ground sign has been amended to reflect the letter style, color and materials
proposed At this time, the applicant anticipates that the project name will be the only name
on the sign, however, they would like to reserve the right to modify the messages in
accordance with the code, not to exceed three messages. " Building Official Jack Hanson
has reviewed the revisions and notes that he " has no further concerns as a result of these
revisions - He recommends approval in terms of the building and sign codes." (see
attached comments)
Staff noted that the petitioner is required to screen all rooftop equipment and that there
was a small parapet wall which may accommodate this requirement The petitioner
indicated that rooftop equipment would probably be installed and that this would not be
visible due to the height of the building and the parapet wall Staff will monitor the site to
ensure that the screening requirements set forth in the Northcorp PCD development order
are upheld
City Forester Mark Hendrickson has reviewed the revised Landscape Plan and has noted
that the petitioner's desire to provide more parking than code requires rather than protect
the root system is unsatisfactory In order to reconcile this conflict, Mr. Hendrickson has
recommended the following condition of approval
1) The City Forester, with the assistance of the Landscape Architect of Record, shall
have the ability to eliminate up to 10 parking spaces, if needed, to provide more
open space around the existing Oak trees indicated on the landscape plan to be
saved and protected
The applicant has agreed to the condition and Mr Hendrickson is satisfied that this issue .
has been resolved
In order to utilize both lots 10 and 11, the petitioner is proposing to record a unity of title,
which will allow development on both lots. The petitioner has indicated "limits of
development" on the site plan, for which all the site data and zoning requirements were
applied The "limit of development' area is only a portion of the total area of lot 10 and 11.
City Attorney Carol Wallace has indicated that this is an acceptable process for utilizing
both lots For one development
City Engineer
The City Engineer has recommended that at least 100 feet of stacking distance should be
provided before encountering opposing vehicular movements (see attached). The Site
Plan and Appearance Review Committee attached a condition of approval which states
that petitioner submit a site plan indicating a 70 foot stacking distance before encountering
opposing vehicular movements" The shorter distance was recommended because they
felt the 100 foot requirement recommended by the City Engineer was appropriate for an
ingress from an arterial and not a local street. The petitioner has submitted an "Alternate
A" site plan indicating that a 100 foot stacking distance before encountering opposing
vehicular movements ", and an "Alternate B" site plan indicating the 70 foot stacking
distance, as recommended by the Site Plan and Appearance Review Committee The City
Engineer is recommending that the "Alternate A" site plan be approved.
City Engineer Len Lindahl does not object to the use of a unity of title for the development
of lots 10 and 11 and the delineation of an "limit of development" for site analysis
purposes
Building
Building Official Jack Hanson has reviewed the plans and recommends approval of the
proposed sign plan (see attached).
Seacoast Utilities
No adverse comments, see attached.
Fire Department
No adverse comments, see attached
Police Department
No adverse comments, see attached.
Northern PBC Improvement District
No comments
Staff recommended approval of this petition to the Site Plan and Appearance Review
Committee At its April 14, 1998 meeting, the Site Plan and Appearance Review
Committee unanimously recommended approval of this petition with the following
conditions
(1) Prior to the issuance of any building permit for any land uses on lots
4.5.8,9,10,11,12, or 13, the contract shall be let for construction of East Park
Drive in a two lane section from Burns Road north to RCA Boulevard.
(2) Prior to Construction Plan approval, a "Unity of Title" for Lots 10 and 11 will need
to be recorded in the Palm Beach County public records.
(3) The City Forester, with the assistance of the Landscape Architect of Record,
shall have the ability to eliminate up to 10 parking spaces, if needed, to provide
more open space around the existing Oak trees indicated on the landscape plan
to be saved and protected.
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CONSULTING ENG KEEPS SJRVEYOaS A MAPPERS c I
MEMORANDUM
TO: Marty Minor
FROM: Tammy Jacobs
DATE: April 23, 1998
SUBJECT: South Park Center Lot 10 / 11 (LBFH File #99 -0073)
We have reviewed the revised Site Plan prepared by D. William Beebe received April 23, 1998.
We offer the followring comments.
1) Previously Satisfied.
2) The applicant has stated that they are proposing three loading spaces and are seeking a
waiver from LDR Section 118 -567 for the length of two of the spaces. LDR Section 118-
567 requires each loading space be 12' x 35'. We support the City's LDR requirements.
3) The applicant is proposing 9' x 18.5' parking spaces. LDR Section 118 -475 requires
10' x 18 5' parking spaces. We support the City's LDR requirements.
4) Previously Satisfied.
5) Previously Satisfied.
6) Satisfied. The applicant has provided a letter of authorization from the RCA Drainage
Association, Drs. stating the Association does not object to the drainage easement being
encumbered by landscaping, pavement, sidewalks and lighting.
7) Satisfied. A "Do Not Enter" sign has been added at the north entrance along East Paris
Drive,
8) The applicant has submitted an Alternate "A" site plan showing the southern entrance/exit
along East Park Drive moved approximately 100 feet north of the south property line. We
recommend Alternate "A' which provides incoming vehicles with a stacking distance of at
least I 004 before encountering opposing vehicular movements.
PoiT orr1E r BOX 717 It7PITrR rl ORIn1 11468.77.7
210IUlPITER IAXfSRUU.Ui VARD, RU11r)Ih(. Sono, SUISr 104 0,611:46.91411 1AX1S61) :46.0172
WEST PALM BEACH IUPITCR STUAFFT BURT PIER[ E OKECCkK k(`
_ - -- .. --. 7J LZ. G4
9) Conditionally Satisfied. The applicant is proposing to combine Lot 10 and 11 for this
project. As a condition of Construction Plan approval a "Unity of Title' will new to be
recorded in the Palm Beach County public records.
TJ
P.TBOMM0+00T AOC
c: Greg Dunham
Roxanne Manning
PALM BEACH GARDENS FIRE DEPARTMENT
10500 N. Military Trail, Palm Beach Gardens, FL 33410
(561) 775 -8260 Fax (561) 775 -8269
Memo
Date: March 4, 1998
To: Ed Tombari, City Planner
From: Scott A. Fetterman, Asst. Chief / Fire Marshal y{J -
N
RE: South Park Plaza, Northcorp, Lots 10 & 11. (SP- 97 -19)
The Fire Department has reviewed the revised site plan for South Park Plaza,
dated February 27`h, 1998, and had no adverse comments or concerns at this time.
Thank you for your continued assistance and consideration in these matters. Please
contact me if you have any questions or any future changes occur.
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40! Seacoast Utility Authority AUA&VA�ms
Authority ra eon 'cV4ca
Palm Bach Garden&
PlOnda !7a l a�
VECVTIVE OF /ICE
March 9, 1998
VIA FAX 775 -1014
Mr. Edward Tombari
Planning and Zoning Department
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Development Review Committee Meeting March 19, 1998 -
South Park Lots 10 and 11
Dear Mr. Tombari:
We have no comments on your transmittal dated January 16, 1998 concerning
the referenced project. Once detailed water and sewer plans are available,
we will be able to provide input on this project. Please note that we are
unable to comment on landscaping and signage until water and sewer plans
are submitted.
Please cad] if you require additional information.
Sincerely,
COAST UTIL AUTHORITY
Bruce Gregg
Director of Operations
ad
cc: R. Bishop
J. Lance
S. Serra
4200 Hood Road. PaIrn Seach Gardens, Florida 334102198
Phone Customer Service (561) 627.2920 / Executive Office (381) 627.2900 ! FAX (591) 624 -2839
RESOLUTION 46, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION
OF AN OFFICE BUILDING ON 4.68 ACRES ON A PORTION
OF LOT 10 AND ALL OF LOT 11 OF SOUTH PARK CENTER
WITHIN NORTHCORP PLANNED COMMUNITY DISTRICT;
PROVIDING FOR WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens has received an application
to approve a site plan for the construction of 69,208 square -feet of office on 4.68 acres on lots 10 and
11 of South Park Center within the Northcorp Planned Community District; 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 1. The City Council of the City of Palm Beach Gardens hereby approves a site plan
for the construction of 69,208 square -feet of office building on 4.68 acres on a portion of lot 10 and
all of lot 11 of South Park Center generally located 1/4 mile north of the intersection of Burns Road
and East Park Drive, within the Northcorp Planned Community District,
Section 2, Construction of said development shall be in accordance with following plans on
file with the City's Growth Management Department:
1. April 21, 1998, Site Plan, Urban Design Studio, Sheet S -1.
2. April 21, 1998, Landscape Plan and Detail Sheet, Urban Design Studio, 2 Sheets.
3. March 20, 1998 Floor Plans and Elevations, D. William Beebe, Sheets A -1 - A -4
4. February 26, 1998 Site Lighting Plan, Urban Design Studio, 1 Sheet.
5. March 26, 1998 Conceptual Drainage Plan, Keshavarz & Assoc., Inc. 1 Sheet
6. January 13, 1998 Existing Vegetation Assessment, Keshavarz & Assoc., 1 Sheet
Resolution, 1998
Page 1 G: \Short Range \sp9719.re.wpd
Section 3. Said site plan approval shall comply with the applicable conditions of Ordinance
1, 1990 and the following conditions:
(1) Prior to the issuance of any building permit for any land uses on lots 4,5,8,9,10,11,12, or 13,
the contract shall be let for construction of East Park Drive in a two lane section from Burns
Road north to RCA Boulevard, or the portion of roadway in question is abandoned, or the
issue is resolved otherwise.
(2) Prior to Construction Plan approval, a "Unity of Title" for a portion of Lot 10 and all of lot
11 will need to be recorded in the Palm Beach County public records.
(3) The City Forester, with the assistance of the Landscape Architect of Record, shall have the
ability to eliminate up to 10 parking spaces, if needed, to provide more open space around
the existing Oak trees indicated on the landscape plan to be saved and protected.
Section 4. The following waivers are hereby granted with this approval:
a. Waiver of the requirement pertaining to the size of loading spaces
(Sec. 118 -567);
b. Waiver of the requirement pertaining to the dimensions of the parking
stalls (Sec. 118 -475);
Section 5. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY, 1998.
ATTEST:
LINDA V. KOSIER
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
Resolutiod/k1998
Page 2
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
G: \Short Range \sp9719.re.wpd
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date:May 21, 1998
Subject/Agenda Item
Consideration of approval for petition SP- 98 -02, a request by Henry Skokowski, agent for
Ballenlsles Development Company, for site plan approval for 31 custom single family home lots
on Parcel 10 within Ballenisles Planned Community District (PCD). Ballenisles Parcel 10 is located
at the terminus of Fairwinds Avenue approximately' /2 mile from Ballenisles Drive. (12- 42E -42S)
Recommendation /Motion:
Staff recommends that Resolution 47, 1998 be approved with no condition
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ]
Finance NA
$
[ J Approved w/condrims
ACM
Current FY
[ ] Denied
Human Res. NA
Other NA
Advertised:
Funding ource:
9
[ ]Continued to:
'
Date-
[ ] Operating
Attachments:
Paper:
( ] Other
Resolution 47,1998
Site Plan
Submitted by:
[ ] Not Required
j
Growth Management Director
Affected parties
'
Budget Acct.::
Approved by:
( ] Notified
[ ] None
City Manager
[ ] Not required
BACKGROUND:
The Ballenlsles Planned Community District was originally approved by Ordinance 8, 1989. The
subject parcel is designated as low density and the proposed plan for 31 custom single family
homes is consistent with the land use designation of the parcel.
The subject property is 19.92 -acres and is located within Ballenisles Planned Community District
at the terminus of Fairwinds Avenue approximately ' /z mile from Ballenlsles Drive. 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 and the proposed density for
1
this project is 1 56 DU /AC which is consistent with the low Density designation on the Master
Plan
The project will be developed in a single phase. The applicant has indicated that details for the
project entrance signage as well as the entry features will be submitted at a later date for the City
Council's review and approval. Please also note that with this project, the petitioner is proposing
custom homes, therefore, architectural elevations have not been submitted. The petitioner is
required to submit the building elevations with the building permit applications.
Access: Access to the site will be from Fairwind Avenue. The roadway surface will be paved with
speciality pavers, which will require a waiver of Section 114 -202 entitled Road surfacing and
improvement.
Waivers: The requested waivers are as follows:
A. Waiver of Section 114 -202, Roadway surfacing and improvement.
B. Waiver of Section 118- 200(g)(1), minimum front building setback.
C. Waiver of Section 118- 200(e), maximum building lot coverage
Staff has no objections in granting the waiver of the minimum front setback and maximum building
lot coverage requirement because the proposed waivers are consistent with typical development
approval within Ballenlsles Planned Community District. Staff has no concern regarding the paver
blocks as they do not impede the flow of traffic and add visually to the proposed development.
Departmental Comments:
Building Official Jack Hanson, Fire Marshal Scott Fetterman and Seacoast Utility Authority have
reviewed the plans and have no concerns.
The Police department has required the provision of additional light poles and recommended that
the lighting and trees be separated.
City Forester Mark Hendrickson has reviewed the project and has indicated that there is a mature
Laurel Oak tree near the rear of lot 26 and a number of mature Florida Slash Pine trees on the site.
The petitioner has agreed to try to protect the trees around the perimeter of Pod 10 during
construction, or utilize the trees as mulch or relocate the Oak tree. Mr. Hendrickson recommends
approval of this petition.
Assistant City Engineer Tammy Jacobs has also reviewed the project and has no engineering
concerns.
At its April 14, 1998, the Site Plan and Appearance Review Committee voted unanimously to
recommend approval of petition SP -98 -02 with the following condition:
The approval of this petition is contingent upon the approval of the following waivers:
A. Waiver of Section 114 -202, Roadway surfacing and improvement.
B. Waiver of Section 118- 200(g)(1), minimum front building setback.
2
EXISTING ZONING AND LAND USE DESIGNATIONS
AND SITE ANALYSIS
PETITION SP -98 -02
EXISTING USE
...........................................................................................................
.ZONING
...............................
LAND USE
Subject Property:
Planned Community District
RL
Ballenlsles PCD, Parcel 10
(PCD)
Residential Low
North :
Planned Community District
G
BallenIsles PCD, Golf Course
(PCD)
Golf
South :
Planned Community District
RL
j BallenIsles PCD,Parcels 8a&b
(PCD)
Residential Low
East :
Planned Community District
G
BallenIsles PCD, Golf Course
(PCD)
Golf
West:
Planned Community District
G
Ballenlsles PCD, Golf Course
(PCD)
Golf
CONSISTENCY WITH THE CODE & DEVELOPMENT ORDER
Consistent
Code Requirement
Proposed Plan
M
Yes
PCD - Planned Community District
PCD - Residential
Residential
No
Front Setback: 25'
20'
Yes
Side Setback:7.5'or10% of lot width
10'
Yes
Rear Setback: 10'
15'
Yes
Open Space: 40% Min.
73%
No
Building Lot Coverage: 35% Max.
40%
RESOLUTION 47,1998
A RESOLUTION OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A
SITE PLAN FOR THE CONSTRUCTION OF 31 CUSTOM
SINGLE FAMILY HOME LOTS ON 19.92 ACRES ON
PARCEL 10 IN THE BALLENISLES PLANNED
COMMUNITY DISTRICT; PROVIDING FOR WAIVERS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application by BallenIsles Development Company
to approve a site plan for the construction of 31 custom single family home lots on 19.92 acres
on Parcel 10 within the BallenIsles Planned Community Development; 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 1. The City Council of the City of Palm Beach Gardens, Florida, approves a site
plan for the construction of 31 custom single family home lots on 19.92 acres on Parcel 10
located within the BallenIsles Planned Community Development.
Section 2. Said approval shall be consistent with plans filed with the City's Growth
Management Department as follows:
1. April 17, 1998 Site Plan, Urban Design Studio, 1 Sheet
2. March 12, 1998 Preliminary Planting Plan, Krent Wieland Design, Inc., 1 Sheet
Section 3. The following waivers are hereby granted with this approval:
1. Minimum Front Building Setback - Section 118 -200 (g) (1), to allow 20 feet front
yard setback.
2. Roadway Surfacing and Improvement - Section 114 -202, to allow speciality
Resolution 47, 1998
Page 1
pavers.
3. Maximum Building Lot Coverage - Section 118 -200 (e), to, allow 40% lot
coverage.
Section 4. This Resolution shall be effective upon adoption.
PLACED ON FIRST READING THIS THE DAY OF , 1998.
PLACED ON SECOND READING THIS THE DAY OF , 1998.
PASSED AND ADOPTED THIS THE DAY OF '1998.
JOSEPH RUSSO, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER SUFFICIENCY.
BY:
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
\bk
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Resolution 47, 1998
Page 2
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May 15, 1998
ORDINANCE 6, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS AMENDING ARTICLE IV OF CHAPTER 2 OF THE CITY'S
CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT" BY
PROVIDING FOR CODE ENFORCEMENT PROCEEDINGS TO BE
CONDUCTED BY A SPECIAL MASTER; BY REPEALING SECTION 2 -186
ENTITLED "DEFINITIONS "; BY AMENDING SECTION 2 -187 ENTITLED
"JURISDICTION "; BY REPEALING DIVISION 2 OF CHAPTER 2 ENTITLED
"CODE ENFORCEMENT BOARD" AND REPLACING IT WITH A NEW
DIVISION 2 OF CHAPTER 2 ENTITLED "SPECIAL MASTER "; BY
AMENDING DIVISION 3 OF CHAPTER 2 ENTITLED "PROCEDURE FOR
ENFORCEMENT OF THE CODE ENFORCEMENT BOARD "; BY
AMENDING SECTION 2 -261 ENTITLED "ISSUANCE OF CITATION ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article IV of Chapter 2 of the City's Code of Ordinances provides for a
code enforcement board, pursuant to state statute, to hear and decide alleged violations
of the codes and ordinances enacted by the City;
WHEREAS, Section 162.03(1) of the Florida Statutes provides that a municipality
may abolish by ordinance its code enforcement board;
WHEREAS, Section 162.03(2) of the Florida Statutes authorizes a municipality to
adopt, by ordinance, an alternate code enforcement system which gives special masters
the authority to hold hearings and assess fines against violators of municipal codes and
ordinances; and
WHEREAS, the City Council of the City of Palm Beach Gardens has determined it
to be in the best interest of the City to abolish the Code Enforcement Board and appoint
a special master for code enforcement proceedings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1: Section 2 -186 of the City's Code of Ordinance entitled "Definitions" is hereby
repealed in its entirety, it being the intent of the City to defer to state statutes for definitions,
when necessary.
Section 2: Section 2 -187 of the City's Code of Ordinances is hereby amended as follows
(added words underlined; deleted words at uck*
Page 1 of 13
Sec. 2 -187. DaclaiatiV;11 Intent.
-%Q ..tGni.a III r O VA. ne- It is the intent of this uivislon, article-to promote, protect,
nJ JalaacY :_ 1 .v. 1vr).vn.
and improve the health, safety, and welfare of the citizens of the city by authorizing the
Creation Of a�I lil �iJti ati iiG boar da and creating the position of special master for code
enforcement proceedings with the authority to impose administrative fines and other
noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive
method of enforcing the codes and ordinances in feree gf the city.::`aia a pa;,diing or
1 G'./GQaGU VIVIGaa1V11 VVIIa111YGJ \V G%�IJ\. 1IIIJ YIYIJIVII IJ QYVF/acV PSAIJYOIIa \V ulG iI IILS,
a .J a.... a 9--&" • c o L. 4 G2
}/VYY GI J, and YY\Iaa Caa JGa IVl all In 1 .V. VI1. IV
Section 3: Section 2 -188 of the City's Code of Ordinances is hereby amended as follows
(added words underlined; deleted words Jti uck*
Sec. 2-188. Jurisdiction.
(a) The �.VUC ailivicclilai L A-card special master shall have the jurisdiction and
authority to hear and decide cases of alleged violations of the,
Q any codes and ordinances enacted by the city where a pending or repeated
violation continues to exist;
(��)The t \......,A hall: a and .iGc:da ,.ati n � ond,:alion. c
I IIG GIII VI VGIIIGIII UVQIV J11011 IIGQI a11U UGI.IUG YIV IOIIVII V any VVIIV "I ILL VI a11r
A
o al pm.al t VI Val Of t11G City Council! VI final action of the site plan and appearance review
committee or the Planning and Zoning Commission; and any Vtliai Jil Iilai ypa VVYGJ
�.: lI V .d a..d � aa,., •a.. • ah.. LULU... III%,I, aaIl --L10 10 a�....aI
YY111 VII IIIOr VG QY V'./aGY V�I 111G ail\r 111 1116 IVaY1G VVI II VII IGa, UIgaG QGJUIGa1VJ, VVIIJ \IUV\lon,
t a.. s .a.. I.....,a:..., s a.. a.. -.. 1 .a.. aa.,. a..
Ja1G \r, JUG VI NI V�JGI lr, VI .1 C, LIVIl VI alli J1, aJ Vlu1G VII1 iaal f/i v',/GI ay in uIc Lri\y. or
(iii) Any statute, code, rule, regulation or the like incorporated into the city's code
of ordinances by reference.
(b) Those code enforcement cases, which at the time of adoption of this
ordinance, are pending before the Code Enforcement Board, as evidenced by a notice of
violation having issued or by the matter having been set for hearing before the Code
Enforcement Board, shall be heard by the Special Master.
(c) The authority herein is not exclusive (c) T`G FI V iiiJivl IJ WI LI110 =1 1a.IG are
supplemental and shall not prohibit the city from enforcing its codes -by other legal means.
Section 4: Division 2 of Chapter 2 of the City's Code of Ordinances entitled "Code
Enforcement Board" is hereby repealed in its entirety and replaced with the following:
Page 2 of 13
DIVISION 2. SPECIAL MASTER
Sec. 2 -211. AE) ointment; term; compensation
(a) The special master shall be appointed by a majority vote of the City Council.
The City Council may appoint one (1) or more special masters.
(b) The special master shall be appointed for a term of three (3) years. A special
master may be reappointed upon approval of the City Council, however, no special master
shall serve more than six (6) years consecutively. In the event of a vacancy, the City
Council shall appoint a replacement for the remainder of the unexpired term.
(c) The special master shall serve with compensation in an amount to be
established by the City Council.
(d) The special master shall serve at the pleasure of the :City Council and may
be suspended or removed for cause by a majority vote of the City Council.
Sec. 2-912. Qualification$.
(a) The special master shall be an attorney and a member in good standing of
the Florida Bar for a minimum of five (5) years preceding appointment.
Sec. 2 -213. Authority of Special Master.
(a) The special master shall have the authority to:
1. Subpoena alleged violators and witnesses to hearings,
which subpoenas may be served by the City's Police
Department.
2. Subpoena evidence.
3. Take testimony under oath.
4. Issue orders having force of law to command whatever steps
are necessary to bring a violator into compliance.
5. Assess fines pursuant to Chapter 162 of Florida Statues.
6. Lien property pursuant to Chapter 162 of Florida Statutes.
(b) The special master shall be bound by the Code of Judicial Conduct, as
amended from time to time.
(c) The special master shall adopt the rules and regulations as found in Chapter
162 of Florida Statutes. The special master may adopt additional rules and regulations not
Page 3 of 13
inconsistent with the provisions of Chapter 162, Florida Statutes, subject to approval by the
City Council.
Sec. 2 -214 -- 2 -230 Reserved.
Section 5: Division 3 of Chapter 2 of the City's Code of Ordinances is hereby amended
as follows (added words underlined; deleted words ztruck%):
DIVISION 3. nonncnl WHT C^M CA1Cr%Mr1M\AGAIT pV TLIC f- t-%r1r
1 1 \VVLLJVI \L 1 VI\ LI \1 VI \V LIrILI\ I LJ I I I IL VVLJL
L-1 1Cr11'fP►C�ACwI I or,AOD CODE ENFORCEMENT PROCEDURES
L111 VIW%rfRACk1' E)^Al\
Sec. 2 -231. Initiation.
(a) An alleged violation of any of -these codes; of ordinances, ef - they, as
described herein, may be filed with the code enforcement division by citizens or those
administrative officials who have the responsibility of enforcing such the- vefieas codes, of
ordinances, resolutions or formal actions. in, fcrca inI tha cit"r.
(b) It shall be the duty of the code inspector to initiate enforcement proceedings.
t LL... ... -:.... .4.... k1.. L...� c LL... .J.. t.. ►............i L..... -.J L...11 L. aL... i..
VI 1116 YQIIV IJJ L.VVGJ. IYV IIIGIII161 VI LI IG \..VVG GI IIVI LrG111G1.L LJVGIIV JPIGIII IIa VG LI IG fJVYYGI LV
F. -y ~^ The Special Master shall not have the power to
II II IIGLLG JLI L.11 GIIIVILiG111Gl11 IVL.GGV111 .7.
initiate such enforcement proceedings.
Sec. 2 -232. Notice of violation.
(a) Except as provided in subsections (c) and (d) of this section, if a violation of the
eedes as set forth herein is found, the code inspector shall notify the alleged violator and
give -I provide a reasonable time to correct the violation.
(b) Should the violation continue beyond the time specified for correction, the code
inspector shall notify the �;,%J an l`%J. lan: Board special master and request a hearing.
The special master coda anit;,rcal lane: board, through its clerical staff, shall schedule a
hearing, and written notice of such hearing shall be hand delivered or mailed as provided
herein to the violator. At the option of the coda and G.-ca.manit board special master, notice
may additionally be served by publication or posting as provided herein. If the violation is
corrected and then recurs or if the violation is not corrected by the time specified for
correction by the code inspector, the case may be presented to the ccuda GIIIVIcem.aIIL
beefd special master even if the violation has been corrected prior to the beeFd hearing,
and the notice shall so state.
(c) If a repeat violation is found, the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code inspector,
upon notifying the violator of a repeat violation, shall notify the anl` ,.rca -mangy bcar'd special
Page 4 of 13
master and request a hearing. The c;,dc c;,f;,;cG,;,c; uGGF%dA.1, special master, through Its
clerical staff, shall schedule a hearing and shall provide notice as provided herein. The
case may be presented to the G;,`;,;cal„a„t L/VGllu special master even if the repeat
violation has been corrected prior to the beefd hearing, and the notice shall so state.
(d) If the code inspector has reason to believe a violation or the condition causing
the violation presents a serious threat to the public health, safety, and welfare or if the
violation is irreparable or irreversible in nature, the code inspector shall make a reasonable
effort to notify the violator and may immediately notify the Gn11 0J.camna 1: b:,a-l%-AJ special
master and request a hearing.
Sec. 2 -233. Proeedure -far Conduct of Hearing.
(a) Upon request of the code inspector, or at such other times as may be
necessary, the c "G.. Of tl 1a ccdja a; l Grcal larft b;,ard soerial mater may call a hearing. of
t..- .......cant bor.-Id A. 1.a&.-ing ..I.... 'm . LJG ....11....1 b.... - :u.... .-..L:.... .. ad M.. ..i 1.... -_!
Gil Gill Vlaelllel Il VVQI V. n Ilealllly GIIJV IIIG� uG {eQ11GV Vr 1111 I1LG11 IlVawe .7iyIIGV ur Dl IGGIOI
.I__..,, of the :„_..........,.1....._a Minutes shall be kept of all hearings by
1111 VG I I1G111uG10 VI U IG aIV%A GI IIVI I,GI I IG11L %JVO1 V.
:ha any crca„an : LL-J;Ja.d city 4taff, and all hearings and proceedings shall be open to the
public. The city shall provide clerical and administrative personnel as may be reasonably
required by the G.1 Wrcal.c.-t ucGrd special master for the proper performance of all its
duties.
(b) Each case shall be presented by the city attorney or by the city's code
inspector or designee.
We The special master shall take testimony from the city attorney and /or code
inspector and the alleged violator. All testimony shall be under oath and shall be recorded.
Formal rules of evidence shall not apply, however, fundamental due process shall be
observed and shall govern the proceedings.
(d) The special master, the city attorney or the code inspector, and the alleged
violator or counsel for the alleged violator, may inquire of, or question, any witness
testifying before the special master.
(e) The special master may exclude evidence which is determined, by the special
master, to be irrelevant, immaterial or unduly repetitious. All other evidence of a type
commonly relied upon by reasonably prudent persons shall be admissible, whether or not
such evidence would be admissible in a court of law. Any part of the evidence may be
received in written form.
((ft The Special Master may, for good cause shown, postpone or continue a
hearina.
Page 5 of 13
(M At any time prior to a case being heard, an alle9ed violator may enter into a
stipulation with the ON aareeinq to anv matter. including but not limited to the following:
Q That the alle9ed violator has, in fact, committed a violation; or that a
violation has occurred on the property.
i That the violation shall be corrected on or before a specific date,
subiect to approval by the special master.
The stipulation may be verbal or in writing. The stipulation shall be read into the
record by the city attorney or code enforcement inspector and the special master shall
issue an order in the form described hereinafter reflecting the terms of the stipulation.
Sec. 2 -234. Burden of proof.
At the a code enforcement hearing pr;,vidad `cr by this d;:isio , conducted pursuant
to this article, the burden of proof shall be upon the city ccda InspaCILGir to show by a
preponderance of the evidence that a violation c`:; IV y a.aJUVa doaz exista. Where proper
notice of the hearing has been provided to the alleged violator, as provided for herein, a
hearing may proceed even in the absence of the alleged violator.
Sec. 2 -235. Recovery of costs.
If the city prevails in prosecuting a case before the ccuda cif v�\,GI;lvili ✓Vary uiluci
U Ila u1 IG1:c; 1 special master, it shall be entitled to recover all costs incurred in prosecuting
the case bGfcre the bVa;d and such costs may be included in the lien authorized Undef
__etion 2 2 °_^ herein.
c Sac. 2.231%10. VVI IY. YLa L Vt I L -'
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Sec. 2 -237¢. Findings; order.
(a) At the conclusion of the hearing, the cc%da anfOrcGI n. znt LL-Oca:dA special master
shall issue findings of fact, based on evidence of record and conclusions of law, and shall
issue an order affording the proper relief consistent with powers granted herein. The
d: d: 1..11 L.. L.. a:w-, LII I
I IIIV IIIyJ JIIQII ✓G ✓y IIIVIIVII grrIVVGV ✓r q IIIOj Vllay VI UIVJG liltili ✓GIJ F1 IL CAI IV YVlll la3,
a LLwL L IwwwL d... .. .... ..,.Lw.w wt IL LG...d ..L . ..Lw w.dw. d... LLw action, to La
except IL L Qa IGQJL IV41 t11G111✓GIJ VI \IIG ✓dgld 1114.71 YVIG 111 V14G1 IV I 1116 QVIIVII lV ✓G
(b) The coda a� l`crccman : boar d'Os special master's decision shall then be
transmitted to the violator in the form of a written order including finding of facts and
conclusions of law consistent with the record. The order shall be transmitted by certified
mail to the violator within ten days after the hearing. The order may include a notice that
it must be complied with by a specified date and that a fine may be imposed and, under
the conditions specked in section 2 -2358, the cost of repairs may be included along with
the fine if the order is not complied with by such date.
(c) A certified copy of such order may be recorded in the public records of the
county and shall constitute notice to any subsequent purchasers, successors in interest,
or assigns if the violation concerns real property, and the findings therein shall be binding
upon the violator, and, if the violation concerns real property, any subsequent purchasers,
successors in interest, or assigns. If an order is recorded in the public records pursuant
to this subsection and the order is complied with by the date specified in the order, the
a..� c.call�la; : card special master shall issue an order acknowledging compliance that
shall be recorded in the public records. A hearing is not required to issue such an order
acknowledging compliance.
Sec. 2 -2387. Administrative fines.
(a) Whenever the ccda a. l;c, cal 1G� IIf Scar d's special master's order has not been
complied with by the time set for compliance, or if the same violation has been repeated
by the same violator, the board special master may order the violator to pay a fine not to
exceed $250.00 for each day thereafter during which each violation continues past the
date set for compliance or, in the case of a repeat violation, for each day the repeat
violation continues, beginning with the date the repeat violation is found to have occurred
Page 7 of 13
by the code inspector. In addition, the order may include all costs of repairs pursuant to
section 2 -235 -7. However, if a ccdc e;,;;,;cc,;,c; ; board the special master finds the
violation to be irreparable or irreversible in nature, it may impose a fine not to exceed
$5,000.00 per violation.
(b) In determining the amount of a fine, the coda Mcar., special
master may consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
The cc %A �: t`�r��,„�� L -card special master may consider any other factors
pertaining to the violator or violation which it deems relevant and shall not be limited to the
above recited factors.
(c) The cdua -card special master may reduce a fine imposed
pursuant to this section.
(d) In addition, if the violation is a violation described in section 2- 232(d), the
cc%da ;,r�at�t,: -vary special master shall notify the city council, which may make all
reasonable repairs which are required to bring the property into compliance and charge the
violator with the reasonable cost of the repairs along with the fine imposed pursuant to this
section. If a finding of a violation or a repeat violation has been made as provided in this
article, a hearing shall not be necessary for issuance of the order imposing the fine. If,
after due notice and hearing, the cc %a an. VrVa.me l -vary special master finds a violation
to be irreparable or irreversible in nature, it may order the violator to pay a fine as specked
in this section.
Sec. 2 -23$9. Lien established.
(a) The cf 1✓6G1111i„y anld Zoning code inspector or the di eetef's
inspector's designee, may record a certified copy of an order imposing a fine in the public
records in the office of the clerk of the circuit court in the county, for the city. Once
recorded, the certified copy of an order shall constitute a lien against the land on which the
violation exists, or if the violator does not own the land, upon any other real or personal
property owned by the violator. Upon petition to the circuit court, such order may be
enforced in the same manner as a court judgment, including levy against the personal
property, but such order shall not be deemed to be a court judgment except for
enforcement purposes. A fine imposed pursuant to this division shall continue to accrue
until the violator comes into compliance or until judgment is rendered in a suit to foreclose
Page 8 of 13
on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine
imposed pursuant to this section runs in favor of the city, and the city council may execute
a satisfaction or release of lien entered pursuant to this section.
(b) After three months from the filing of any such lien which remains unpaid, the
`%J `Gard City may authorize the city attorney to foreclose on the lien. No lien
cn"-r .c,,,an� LW
created pursuant to the provisions of this section may be foreclosed on real property which
is a homestead under section 4, Art. X of the state constitution.
(c) Such lien shall be superior to all other liens, except liens for taxes, and shall
bear interest at the rate of ten percent per annum from the date recorded.
Sec. 2- 23949. Duration of lien.
No lien provided under this division shall continue for a period longer than 20 years
after the certified copy of an order imposing a fine has been recorded, unless within that
time an action to foreclose on the lien is commenced in a court of competent jurisdiction.
In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fee, that it incurs in the foreclosure. The city council shall
be entitled to collect all costs incurred in recording and satisfying a valid lien. The
continuation of the lien effected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable consideration without notice,
unless a notice of lis pendens is recorded.
Sec. 2-2404. Appeal.
Any aggrieved party, including the city, may appeal a final administrative order of
the coda a;,fc;ca.mant beard special master to the county circuit court. Such an appeal
shall not be a hearing de novo, but shall be a petition for writ of certiorari limited to
appellate review of the record created before the board. An appeal shall be considered
timely if it was filed within 30 days after the hearing at which the order was orally
pronounced by the beefd special master. The timely filing of an appeal shall not stay the
accrual of any fines ordered to be paid pursuant to section 2 -2378. The city clerk may
assess a reasonable charge for the preparation of the record to be paid by the petitioner
in accordance with F.S. § 119.07.
Sec. 2 -241 -2. Service of notices.
(a) All notices required by this division shall be provided to the alleged violator
by certified mail, return receipt requested; by hand delivery by the sheriff or other law
enforcement officer, code inspector, or other person designated by the city council; or by
leaving the notice at the violator's usual place of residence with any person residing therein
who is above 15 years of age and informing such person of the contents of the notice.
Page 9 of 13
Proper notice is presumed where a notice of violation has been mailed to the last known
address of the alleged violator, or the mailing address of the property alleged to be in
violation, by certified mail, and the alleged violator, his or her agent, or other person in the
household or business, has accepted the notice of violation, or refuses to accept the
certified mail letter, or where a code inspector, under oath, testifies that he or she d d hand
deliver the notice to the alleged violator or an adult resident or employee of the business
address or household.
(b) In addition to providing notice as set forth in subsection (a) of this section, at
the option of the an Or m ant uvard special master, notice may also be served by
publication or posting, as follows:
(1) Such notice shall be published once during each week for four
consecutive weeks (four publications being sufficient) in a newspaper
of a general circulation in the county. The newspaper shall meet such
requirements as are prescribed under F.S. ch. 50 for legal and official
advertisements. Proof of publication shall be made as provided in
F.S. §§ 50.041 and 50.051.
(2) In lieu of publication as described in subsection (b)(1) of this section,
such notice may be posted for at least ten days in at least two
locations, one of which shall be the property upon which the violation
is alleged to exist and the other of which shall be, at the primary
municipal government office. Proof of posting shall be by affidavit of
the person posting the notice, which affidavit shall include a copy of
the notice posted and the date and places of its posting.
(c) Notice by publication or posting may run concurrently with, or may follow, an
attempt or attempts to provide notice by hand delivery or by mail as required under
subsection (a) of this section.
(d) Evidence that an attempt has been made to hand deliver or mail notice as
provided in subsection (a) of this section, together with proof of publication or posting as
provided in subsection (b) of this section, shall be sufficient to show that the notice
requirements of this article have been met, without regard to whether or not the alleged
violator actually received such notice.
(e) This section shall not apply to notices of special meetings.
(f) Notices shall contain at a minimum, the date, and time of the scheduled
meeting of the ccda 'Dcard special master during which time the alleged
violator is required to appear; the name and address of the alleged violator, the address
Page 10 of 13
or legal description of the property wherein the alleged violations have occurred; and those
codes or provisions of a code for which the alleged violator has been cited.
Sec. 2 -242. Procedure to Reauest that a Fine or Lien be Reduced; Conditions anti
Criteria therefore
(a) The owner of real property against which a fine or lien has been imposed
may apply to the special master, through the city attorney or his /her designee, for n
satisfaction of said fine or lien with less than full payment thereof. No such application
shall be considered by the special master until the applicant has first shown that:
(1) All ad valorem property taxes, special assessment$, city utility charges
and other qovernment- imposed liens against the subject real o_ roperty have
been paid.
(2) The applicant is not personally indebted to the City of Palm Beach
Gardens for any reason.
(3) All city code violations have peen corrected.
(b) In considering an application to reduce a fine or lien no satisfaction thereof
shall be approved by the special master with less than full payment thereof, unless the
Special master shall make a specific finding that no violation exists on the subject real
prooertv.
(c) The balance of any fine or lien that is reduced by the special master shall be
paid on such terms as approved by the special master.
(d) If the property for which an application for a fine reduction is being considered
is owned by a government or quasi - government entity, the special master may reduce such
fine even if the violation has not been corrected.
Secs. 2- 2423 --2 -260. Reserved.
Section 6. Section 2 -261 of the City's code of ordinances is amended such that
is shall read (underline is addition; stfikeout is deletion):
In lieu of and as an alternative to the procedure before the eerie
as -, ,ran t IL-PcardA special master, a code inspector ...
Page 11 of 13
Section 7; If any section, paragraph, sentence, clause, phrase, or word of this
ordinance is for any reason held by the court to be unconstitutional, inoperative, or void,
such holding shall not affect the remainder of this ordinance.
Section 8: The provisions of this ordinance shall become and be made a part of the
code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of
this ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
Section 9: All ordinances or parts of ordinances previously adopted which are in
conflict herewith, including, but not limited to Section 2 -1 of the City Code, are hereby
repealed to the extent of such conflict.
Section 10: The provisions of this ordinance shall take effect immediately upon its
adoption.
PLACED ON FIRST READING THIS DAY OF .1998.
PLACED ON SECOND READING THIS DAY OF , 1998.
PASSED AND ADOPTED THIS DAY OF , 1998
MAYOR JOSEPH R. RUSSO COUNCILWOMAN LINDA MONROE
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. KOSIER
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
Page 12 of 13
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
P: \C P\H ISTORY\1096\4. DOC(319.053)
AYE NAY ABSENT
Page 13 of 13
Options for a Special Master
in the Code Enforcement Process.
City Council Regular Meeting
May 21, 1998
BACKGRQVND:
City Council directed Growth Management staff to research options for the use of a Special
Master in the Code Enforcement process. As part of this research, staff contacted 18 local
Governments who currently utilize a Special Master in conjunction with, or in lieu of, a Code
Enforcement Board (CEB). These local governments include:
Palm Beach County .... CEB /Special Master
Indian River County ... CEB /Special Master
Polk County ...............CEB /Special Master
Boca Raton .................CEB
/ Special Master
Delray Beach ..............CEB
Greenacres ..................CEB
Lake Clark Shores ...... CEB
Lake Worth .................CEB
Lake Park .................
Royal Palm Beach
...... CEB
USE Of SPECIAL MASTER PROCESS:
West Palm Beach...... Special Master
Lakeland ....................Special Master
Tampa .......................CEB
/ Special Master
Boynton Beach ......... CEB
Jupiter .............. . ........
CEB
Juno Beach ...............Special Master
Lake Park .................
CEB .
North Palm Beach
.... CEB
Tequesta ....................Special Master.
Four of these local governments use a Special Master for all cases. Four use both a Special
Master and a Code Enforcement Board. Ten use only a Code Enforcement Board. It is
important to note that the Special Master concept is being used on an increasing basis by local
governments as knowledge of the process is distributed.
COST:
The cost for a Special Master ranges from $110 - $130 per hour. However it is important to note
that of the eight entities utilizing a Special Master, four obtain the service on a volunteer basis at
no cost. If the City utilizes a Special Master three hours a month the cost will range between
$3960 - $4680 per year. However, the City can also seek volunteer services.
OPTIONS:
There are several options for utilization of a Special Master. The three most common options are
presented below:
11 Special Master Only: In this option, a Special Master would be used for all code
enforcement cases.
Potential Advantages:
• Greater consistency in decisions.
• Faster and more efficient hearings.
• Extensive knowledge of the law.
• Less administrative workload due to a simpler process.
• Additionally, it may be less intimidating for a citizen to face a Special Master than a
Board.
Potential Disadvantages:
• Additional cost to city, unless services can be obtained on a volunteer basis.
• No citizens on the CEB means a lower level of community involvement.
2) Special Master and Code Enforcement Board: There are several permutations for this
option. For example: a Special Master may be used for routine cases while the Code
Enforcement Board is used for more complex cases. Or the City may choose to use the Special
Master for the controversial cases such as industrial or commercial violations and the Board for
the residential violations.
Potential Advantages:
• Lower cost than Special Master only option.
• More flexibility in how hearings are handled.
Potential Disadvantages:
• Some additional cost to the City.
• Greater administrative workload due to handling two processes.
3) Code Enforcement Board only: In this option, the Code Enforcement Board handles all
cases.
Potential Advantages:
• Lower cost to City than Special Master option.
• Citizens serving on the CEB provide a higher level of community involvement.
Potential Disadvantages:
• Longer hearings.
• Greater variability in decisions.
• Greater administrative workload.
Each of these options has been used successfully by local governments. Selection of an option is
typically based on workload, efficiency, and legal concerns. Due to the low cost of the Special
Master only option, financial issues are typically not a primary determinant in the selection of an
option.
CITY MANAGER'S OFFICE
interoffice
M E M O R A N D U M
TO: Roxanne Manning, Growth Management Director
FROM: Bobbie Herakovdie City Manager
SUBJECT: Special Master
DATE: February 4, 1998
Per direction of the City Council, the City Attorney has prepared an ordinance for a Special Master
process. Please have staff review it, develop a proposed budget and recommend a process (discuss
with Code Enforcement Board ?) that allows for consideration of the ordinance by the City Council
no later than March 5 for first reading.
If you have any further questions, please let me know.
c: Greg Dunham, Assistant City Manager
Linda Kosier, City Clerk
Carole Wallace Post, City Attorney
ORDINANCE 11, 1998
Revised 5/21/98
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO SECTION 38 -88, SUBPARAGRAPH (a),
ENTITLED "CODES AND STANDARDS ADOPTED" OF
CHAPTER 38 OF THE CODE, ENTITLED "FIRE
PREVENTION AND PROTECTION ", TO ADDA REFERENCE
TO THE NATIONAL FIRE PROTECTION ASSOCIATION LIFE
SAFETY CODE; PROVIDING FOR CODIFICATION; AND,
PROVIDING FOR AN EFFECTIVE DATE.
Whereas, it has been determined that the, City's Fire Prevention and Protection Code
needs to be amended to reflect more recent references.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Section 38 -88, Subparagraph (a) of the Code, entitled "Codes and standards
adopted ", shall be amended to read as follows (added words underlined; deleted words sty ck-):
Sec. 38 -88. Codes and standards adopted.
(a) the Standard Fire Prevention Code, latest edition; the National Fire Protection
Association (NFPA), 101, Life Safety Code, latest edition; the city tire prevention
standards, the rules and regulations of the state fire marshal; together with any
subsequent amendments or addenda are hereby adopted by reference and made a
part of this article as if fully set out herein.
SECTION 2. The provisions of this ordinance shall become and be made a part of the
City of Palm Beach Gardens Code of Ordinances.
SEC'T'ION 3. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF , 1998.
PLACED ON SECOND READING THIS DAY OF , 1998.
PASSED AND ADOPTED THIS DAY OF '1998.
Ordinance 11, 1998
v S
Page I of 2
MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC JABLIN
VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK
COUNCILMAN CARL SA'BATELLO
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
WATTERSON, HYLUND & KLETT. P.A.
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410-4698
Memo
March 31, 1998
To: Linda Kosier, City Clerk
Fr: Scott A. Fetterman, Asst. Chief / Fire Marshal
RE: Immediate need to modify City Code.
A recent review of Florida State Statute, Chap 633.025 revealed that our existing
City Ordinance, Chapter 38 -88(a) does not adopt all that is required by state law to meet
the Minimum Fire Safety Code requirements. Our current code adopts the current edition
of the Standard Fire Prevention as required by State Statute 633.025 (2)(a), but does not
adopt the current edition of the National Fire protection Association (NFPA) 101, Life
Safety Code, which is required by State Statute 633.025(3).
Please modify Chapter 38 -88(a) of our City Ordinances to also adopt the current
edition of the National Fire Protection Association (NFPA) 101, Life Safety Code so that
we may be in compliance with State law. Please contact me if you have any questions.
*�,:ctuon o: i u:: Page 1 of")
633.025 Minimum firesafety standards. --
(1) Each municipality, county, and special district with firesafety responsibilities
shall adopt minimum fresafety standards which shall operate in conjunction with
the state minimum building code adopted by such local jurisdiction as required by
s. 553.73. The minimum firesafety standards shall not apply to buildings and
structures subject to the uniform firesafety standards under s. 633.022 and buildings
and structures subject to the minimum firesafety standards adopted pursuant to s.
394.879.
(2) Pursuant to subsection (1), each municipality, county, and special district
with firesafety responsibilities shall adopt and enforce the codes specified in
paragraph (a), paragraph (b), paragraph (c), or paragraph (d) as the minimum
firesafety code:
(a) The Standard Fire Prevention Code, 1985 edition or subsequent edition, as
adopted by the Southern Building Code Congress International.
COMPLY - c,ry Oaow�.oce ,
(b) The EPCOT Fire Prevention Code.
•a�T�t4�
(c) The National Fire Protection Association (NFPA) Pamphlet 1, 1985 edition
or subsequent edition.
(d) The South Florida Fire Prevention Code, subject to the provisions of
subsection (4).
(3) In addition, each municipality, county, and special district with firesafety
responsibilities shall adopt National Fire Protection Association (NFPA) 101, Life
Safety Code, 1985 edition or subsequent edition, as part of the minimum firesafety
code. -W Do NCr comP"y - Wa vlan '•o ADOPT CURRadwr ILOMFC^t.
(4) It is the intent of the Legislature that a South Florida Fire Prevention Code
be promulgated as a further option to counties, municipalities, and special districts
with firesafety responsibilities as an alternative to the firesafety codes specified in
paragraphs (2)(a), (b), and (c). In the event that an appropriate South Florida Fire
Prevention Code is submitted by the Broward County Board of Rules and Appeals
or the Dade County Board of Rules and Appeals to the Legislature by March 1,
1988, such code or codes shall be deemed to be an alternative to the firesafety
codes specified in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless the
Legislature expressly prohibits the use of such code. Until July 1, 1988, Dade and
Broward Counties may use the firesafety standards within their current Fire
Prevention Code as an alternative. In the event Dade or Broward County fails to
adopt a South Florida Fire Prevention Code as of July 1, 1988, then such county
shall be subject to subsections (2), (3), and (6).
(5) Such codes shall be minimum codes and a municipality, county, or special
district with firesafety responsibilities may adopt more stringent firesafety
standards. Such county, municipality, or special district may establish alternative
requirements to those requirements which are required under the minimum
firesafety standards on a case -by -case basis, in order to meet special situations
arising from historic, geographic, or unusual conditions, if the alternative
requirements result in a level of protection to life, safety, or property equal to or
greater than the applicable minimum firesafety standards. For the purpose of this
subsection, the term "historic" means that the building or structure is listed on the
http: / /www.leg. state. fl. us / citizen / documents /statutes /1997/ch0633/E025_.HTM 3/18/98
Section 633 022 I -age -, of
National Register of Flistoric Places of the United States Department of the Interior.
(6) The minimum firesafety standards that counties, municipalities, and special
districts are required to adopt pursuant to this section shall be adopted by January 1,
1988. No municipality or county or special district shall be required to amend an
ordinance which presently complies with this section. In the event that any such
local governmental entity fails to adopt minimum firesafety standards by January 1,
1988, the minimum firesafety standards shall consist of the Standard Fire
Prevention Code, 1985 edition, and National Fire Protection Association (NFPA)
101. Life Safety Code, 1985 edition.
(7) The new building or structure provisions enumerated within the firesafety
code adopted pursuant to this section shall apply only to buildings or structures for
which the building permit is issued on or after January 1, 1988. Subject to the
provisions of subsection (8), the existing building or structure provisions
enumerated within the firesafety code adopted pursuant to this section shall apply
to buildings or structures for which the building permit was issued or the building
or structure was constructed prior to January 1, 1988.
(8) With regard to existing buildings, the Legislature recognizes that it is not
always practical to apply any or all of the provisions of the minimum firesafety
code and that physical limitations may require disproportionate effort or expense
with little increase in lifesafety. Prior to applying the minimum firesafety code to
an existing building, the local fire official shall determine that a threat to lifesafety
or property exists. If a threat to lifesafety or property exists, the fire official shall
apply the applicable firesafety code for existing buildings to the extent practical to
assure a reasonable degree of lifesafety and safety of property or the fire official
shall fashion a reasonable alternative which affords an equivalent degree of
lifesafety and safety of property. The decision of the local fire official may be
appealed to the local administrative board described in s. 553.73.
(9) Nothing herein shall preclude a municipality, county, or special district from
requiring a structure to be maintained_ in accordance with the applicable firesafety
code.
(10) With respect to standards established by the National Fire Protection
Association (NFPA) 101, Life Safety Code, 1985 edition, s. 19- 3.4.2.1, those
standards shall not apply to structures having direct access to the outside from each
living unit and having three stories or less.
(l 1) With respect to standards established by the National Fire Protection
Association (NFPA) 101, Life Safety Code, 1985 edition, s. 19- 3.4.4.1, battery
operated smoke detectors shall be considered as an approved detection device for
buildings having direct access to the outside from each living unit and having three
stories or less.
History. - -s. 6, ch. 87 -287; s. 1, ch. 88 -362; s. 8, ch. 91 -110; s. 2, ch. 91 -189; S. 8, ch. 95 -379.
http: / /www. leg. state. fl. us / citizen / documents /statutes /1997/chO633/EO25_.HTM 3/18/98
.i
ORDINANCE 12, 1998
,%N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
'ALM REACH GARDENS, FLORIDA. PROVIDING FOR
PPROVAL OF THE PETITION OF PULTE HOME.
19RPORATION FOR REZONING OF 14.47 -ACRES OF
� ND LOCATED AT THE NORTHEAST CORNER OF LONE
` E ROAD AND EASTERLY AVENUE,' /: MILE WEST OF
PROSPERITY FARMS ROAD TO A PLANNED UNIT
DEVELOPMENT, IN ORDER TO CONSTRUCT 65 ZERO-
, LOT -LINE. HOMES; PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR WAIVERS; AND,
P1OVIDING FOR AN EFFECTIVE DATE.
WHFREAS, the City of Palm Beach Gardens received a petition from Pulte Home
Corporation for rezoning of 14 47 acres of land located at the northeast corner of Lone Pine Road
and Easterly A\,enue to a Planned Unit Development,
WHEREAS, the 14 47 acres of land involved is presently zoned as Planned Development
Area (PDA) with a land use designation of Residential Low (RL),
WHEREAS, the Growth Management Department has reviewed said petition
and determined that is sufficient, and
WHEREAS, the rezoning is consistent with the City's Comprehensive Plan and Land
Development Regulations
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
PAUVI REACH GARDENS, FLORIDA
SECTION I _ The City Council of the City of Palm Beach Gardens, Florida hereby
approves the petition of Pulte Home Corporation for the rezoning of 14 47 acres located at the
northeast corner of Lone Pine Road and Easterly Avenue, '/2 mile west of Prosperity Farms Road
from Planned Development Area to Planned Unit Development, in order to construct 65 zero -lot-
line homes, to be known as Lone Pine
SECTION 2 The following waivers are hereby granted with this approval:
I Minimum Building Setbacks - See, 118 - 200(8), to allow the front setback to be
reduced from 25` to 24% to allow the rear setback to be reduced from 10' to 5% and,
to allow the side setback to be reduced from 7.5` to V.
2 Building Site Area -See 218- 200(c), to allow 4,140 square feet from 6,500
square feet.
BUllding Site Width - Sec. I i 8- 200(d), to allow MI6' from Cis'
4 Building Lot Coverage -Sec 118- 200(e), to allow 45% from 35:
8 •\ developer /applicant claiming a School Impact Fee Exemption must file a School Impact
Fee Exemption Application with the impact fee Coordinator's Office The Impact Fee
Coordinator has the sole responsibility for approving School Impact Fee Exemptions All
School Fee Exemptions not claimed and approved prior to the issuance of the Building
Permit are deemed waived by the developer /applicant The developer /applicant has the
sole responsibility for tiling an application claiming a School Impact Fee Exemption
�) Identical models, elevations, and color packages cannot be next to each other or directly
across the street from each other
10 Prior to the issuance of a Building Permit, the applicant will need to secure an approved
permit from Palm Beach County Tragic Division for the signalization and signage of the
proposed school crossing at Lone Pine Road
I I Prior to the issuance of the first Building Permit, the applicant shall submit for review and
approval a detail of the retaining wall and supporting; calculations certified by a structural
en�.;ineer
12 The homeowner's association shall maintain the landscaping on the Florida Boulevard
median, located west of the project's western boundary.
SECTION 4 Construction of the Planned Unit Development shall be in compliance with
the following plans on file with the City's Growth Management Department
I March 27, 1998 Site Plan by Land Design South, I Sheet
2 February 6, 1998 Landscape Plan by Land Design South, Sheets I of 3 and 2 of 3
February 6, 1998 Planting Details by Land Design South, Sheet 3 of 3
4 February 6, 1998 Signage Elevation by Land Design South, I Sheet
February 3, 1998 Photometric Lighting Plan by Lighting Dynamics, Sheet 1,2,3,4
of 4
c• February 26, 1998 Typical Landscape Plan by Land Design South, Sheet 1 of 2
7 January 29, 1998 Landscape Details by Land Design South, Sheet 2 of 2
8 February 3, 1998 Conceptual Irrigation Plan by Land Design South, I Sheet
9 February 18, 1998 and March 6, 1998 Elevations by Pulte Master Builder, 3
Models
10 December 4, 1998 Lone Pine Exterior Colors samples, 3 sheets.
SECTION 4_ This Ordinance shall be effective upon adoption
PLACED ON FIRST READING THIS DAY OF , 1998
PLACED ON SECOND READING THIS DAY OF , 1998
3
PASSED AND ADOPTED THIS DAY OF
1998
MAYOR JOSEPH R RUSSO COUNCILMAN CARL SABATEL.LO
VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
ATTEST APPROVED AS TO L.EGAI. FORM
LINDA V KOSIER, CMC, CITY CLERK AND SUFFICIENCY
BY
VOTE
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
CITY ATTORNEY
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: May 21, 1998
Subject/Agenda Item
Workshop /First reading for petition PUD- 97 -02, a request by Land Design South, agent, for the
rezoning of a site from Planned Development Area to Planned Unit Development for the
construction of 65 zero -lot -line homes. The 14.47 -acre site is located at the northeast comer of
Lone Pine Road and Easterly Avenue, % mile west of Prosperity Farms Road. (32- 41S -43E)
Recommendation /Motion:
Staff recommends that Ordinance 12, 1998 be approved with 11 conditions.
Reviewed by:
j Originating Dept.:
Costs: S
Council Action:
City Attorney
Growth Management
Total
( ]
Finance NA
$
[ ] Approved wicondibons
ACM
Current FY
[ ] Denied
Human Res NA
Other NA
Advertised:
Funding Source:
[ J Continued to
Date
[ ] Operating
Attachments:
Paper
[ ] Other
Ordinance 12, 1998
Site Plan
Existing land use&zoning
and site analysis
I
Submitted by:
(] Not Required
i
GroAlh Management
Affected parties
Budget Acct. #::
Directoi
Approved by:
[ ] Notified
( ] None
( I City Manager ] Not required I I I
BACKGROUND:
The subject property -is currently zoned PDA, Planned Development Area with land use
designation of RL, Residential Low. The petitioner is proposing to rezone the site to PUD,
Planned Unit Development.
The allowable density for the site is maximum five units per acre with a Planned Unit
Development. With 65 units proposed with this project, the maximum density will be 4.49 dwelling
units per acre.
The petitioner is proposing 65 three bedroom zero-lot-line homes on a 14.47 -acre site, located on
Lone Pine Road approximately Y2 mile west of Prosperity Farms Road. The project is proposed
1
to be completed in a single phase.
Access: Access to the site will be from Lone Pine Road. The community will contain one gated
80' ROW entry which will service the 38' internal ROW's. A project identification sign has been
proposed at the entrance to the site. A 350 - square foot temporary sales trailer has also been
proposed at the entrance to the site, staff has requested the petitioner to provide elevations of the
trailer.
Open Space: The Plan proposes 46% open space on the site. City Code requires 40% for
residential development projects within a PUD. The City Code also requires that a minimum 25%
of upland native plant communities intact with canopy and ground cover be set aside for a
preserve. The plan proposes a 1.48 -acre preserve at the southeast corner of the site. City's
Environmental Consultant James Schnelle has reviewed the Environmental Assessment for this
project and has indicated that the project meets the environmental ordinance requirements.
Waivers: The petitioner is requesting a number of waivers of the requirements of RL, Residential
Low Density zoning district. The requested waivers are as follows: front, side, and rear setback
requirements; maximum lot coverage requirement; minimum building site area requirement and
minimum lot width requirement. The applicant is proposing paver blocks which would also require
a waiver. It should be noted that the approval of this petition is contingent with the approval of the
above waivers. Staff has no objections in granting the waivers because the proposed waivers are
consistent with typical zero -lot line development in the City. Staff has no concern regarding the
paver blocks as they do not impede the flow of traffic and add visually to the proposed
development.
Departmental Comments:
Building Official Jack Hanson and Seacost Utility Authority have reviewed the plans and have no
concerns.
Assistant City Engineer Tammy Jacobs has indicated that prior to the Building Permit approval, the
applicant is required to provide a letter of authorization from the appropriate entity allowing the
applicant to relocate the existing 20 -foot drainage easement and to pave and landscape within the
relocated 20 -foot drainage easement. Ms Jacobs has also required the petitioner to provide a
scaled revised "Typical Section Lot Grading Detail- Preserve area to include vertical and horizontal
control to show how the existing preserve elevations will be maintained and how proposed finished
floor elevations and maximum slopes will achieved to help prevent any environmental problems
occurring during construction. In addition, Ms. Jacobs has recommended several conditions of
approval.
City Forester Mark Hendrickson has also reviewed the project and has no immediate concerns.
Police Department has indicated that lighting locations should not conflict with landscaping (see
attached)
The project has also been reviewed by the School District of Palm Beach County. The School
District has suggested that as a safety precaution, a crosswalk/pedestrian signalization be provided
2
to assist students who will attend D.D. Eisenhower School crossing over Lone Pine Road. In
addition, the School District has recommended several conditions of approval (see attached).
It should be noted that as a result of numerous comments from the residents and the Planning and
Zoning Commission pertaining to the traffic, drainage and density, staff has prepared a chart
comparing five approved zero -lot line developments in the City with the proposed project (see
attached).
At its March 24, 1998, the Planning and Zoning Commission voted 3 -2 to recommend approval of
petition PUD -97 -02 with the following conditions:
1. Prior to the issuance of the first Building Permit, the entry road and cul-de -sac cross - section
details shall be revised to show the proposed type "D" curbing is included within the 22' and
40' median respectively.
2. Prior to the plat approval, the 10 -foot utility easement will need to be shown at the truncated
roadway and other internal roadways for utility service.
3. Prior to the Site Plan approval, a letter of authorization from the appropriate entity allowing
the applicant to relocate the existing 20 -foot drainage easement and to pave and landscape
within the relocated 20 -foot drainage easement shall be provided.
4. Prior to the Site Plan approval, the Topographic Survey will need to be revised to show
existing spot elevations at and around the preserve area.
5. Prior to the issuance of the first Building Permit, the applicant will need to provide
grading /swale details and water quantity /quality calculations.
6. Prior to the issuance of the first Certificate of Occupancy, a crosswalk/pedestrian
signalization shall be provided to assist students who will attend D.D. Eisenhower School
crossing over Lone Pine Road.
7. Prior to the issuance of the first Certificate of Occupancy, a bus stop pull off completely out
of the right -of -way or bus stop turn around in front of any access control points or gated
communities shall be provided. These bus stops shall be sufficient enough in size to
accommodate a school bus. The size and location of all such school bus stops shall be
coordinated with the Palm Beach County Planning, Zoning, and Engineering Departments,
as well as the School District Planning Department.
8. Prior to the issuance of the first Certificate of Occupancy, a 11 N 17" sign provided by the
School District shall be posted in a clear and visible location in all sales offices and models
with the following:
"School age children in this development may not be assigned to the public school closest
to their residence. School District policies regarding overcrowding, racial balancing or other
boundary policy decisions affect school boundaries. Please contact the Palm Beach County
School District Boundary Office at (561)434 -8100 to verify the most current school
assignment(s) for the house addresses in this development."
9. A developer /applicant claiming a School Impact Fee Exemption must file a School Impact
Fee Exemption Application with the impact fee Coordinator's Office. The Impact Fee
Coordinator has the sole responsibility for approving School Impact Fee Exemptions. All
School Fee Exemptions not claimed and approval prior to the issuance of the Building
Permit are deemed waived by the developer /applicant. The developer /applicant has the
sole responsibility for filing an application claiming a School Impact Fee Exemption.
10. The approval of this petition is contingent with the approval of the following waivers:
a. Minimum Building Setbacks - Sec. 118- 200(8).
b. Building Site Area - Sec. 118- 200(c).
c. Building Site Width - Sec. 118- 200(d).
d. Building Lot Coverage - Sec. 118- 200(e)
e. Pavers - Sec. 114 -206
11. Identical models, elevations, and color packages cannot be next to each other or directly
across the street from each other.
Assistant City Engineer Tammy Jacobs has recommended the following conditions to be added to
the 11 conditions recommended by Planning and Zoning Commission:
1. Prior to construction plan approval, the applicant will need to secure an approved permit
from Palm Beach County Traffic Division for the signalization and signage of the proposed
school crossing at Lone Pine Road.
2. Prior to the issuance of the first Building Permit, the applicant shall submit for review and
approval a detail of the retaining wall and supporting calculations certified by a structural
engineer.
F11
W
EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS
EXISTING USE
ZONING
LAND USE
Subject Property
Planned Development
Residential Low
Vacant
Area (PDA)
(RL)
North
Planned Development
Residential Low
Vacant
Area (PDA)
(RL)
South
County
County
D. D. Eisenhower School
East
County
County
Vacant
West
County
County
Residential (Cabana Colony)
CONSISTENCY WITH THE
CODE
'
'
Consistent
Code Requirement
Proposed Plan
Yes
Planned Development Area
Zero - Lot -Line units
Residential Low
Yes
+ Density max. 5 DU /AC
4.49 DU /AC
No
Minimum Lot Width 65'
Typical 46'
No
Min.Building Site Area
Typical 4,140 square feet
6,500 square feet
Yes
3 spaces per unit
3 spaces per unit
No
Max. Lot Coverage 35%
45%
No
Front Setback: 25'
24'
No
Side Setback: 7.5'
0 -10'
Yes
Side corner: 20'
20'
No
Rear Setback: 10'
5'
Yes
Building Height 36'
Max. 30'
`
Yes
Min. Open Space (40 %)
46%
LINDAHL BROWNING, FERRARI b HELLSTROM, INC.
CONSL L.TING ENGINEERS SL.P�oEYGPS & MAPPERS
MEMORANDUM
TO:
Marty Minor
FROM.
Tammy Jacobs
DATE:
may 12, :998
SUBJECT: Lone Pine (LBFH Fire Rio. 97 -0450)
We have reviewed the revised "Conceptual Lot Grading" cross section details received May S. 1998 We
offer the following comments:
1) Satisfed.
2) Conditionally Satisfied. The applicant has provided typical cross - section details for the entry road,
cul -de -sac and interior roadway. Prior to construction plan approval the entry road and cul -de -sac
cross- scction details will treed to be revised to show the proposed type "D" curbing is included within
the 22' and 40' median respectively
3) Conditionally Satisfied. Prior to plat approval, the plat will need to show the 10' utility easement at
the truncated roadway and other internal roadways for utility service
4) Previously Satisfied.
S) Previously Satisfied.
6) Previously Satisfied.
Previously Satisfied.
8) Previously Satisfied.
9) Previously Satisfied.
10) Previously Satisfied.
11) Previously Satisfied.
12) Previously Satisfied.
rGST UFfICL u(.,. S;: jurafk, rLORInA 31468.0727 I
21J )UPITER LAKCS 80L.LEVARn. 8UILDL NG 3J00. SL.ITf 1W I5b11 746.7248 FAX (5b1) 74bC272
Wf$rPALM BEACH WRITER STVART FC)R'r PIERCE OKEECMooft
13) Previously Satisfied.
14) Previously Satisfied
1 S) Previously Satisfied.
16)Previously Satisfied
17) Previously Satisfied.
18)Conditionally Satisfied. Prior to construction plan approval the applicant will need to provide a
letter of authorization from the appropriate entity allowing the applicant to relocate the existing 2Q-
foot drainage easement and to pave and landscape within the relocated 20-foot drainage easement.
19) Previously Satisfied.
20) Previously Satisfied.
21) Previously Satisfied.
22) Regarding the ?attachment `D' Typical Section Lot Grading Detail:
a) Conditionally Satisfied. The applicant has revised the "Conceptual Lot Grading" cross section
details to show how the existing preserve elevations will be maintained, how proposed finished
floor elevations and ;naximum slopes will be achieved and how storm water runoff from the
adjacent lots will be diverted away from the preserve area. As a condition of construction plan
approval, the applicant shall submit for review and approval a detail of the retaining wall and
supporting calculations certified by a structural engineer.
b) Previously Satisfied.
c) Conditionally Satisfied. Prior to construction plan approval the applicant will need to provide
grading /swale details and water quantity/quality calculations.
23) Conditionally Satisfied. Prior to construction plan approval the appH ant will need to secure an
approved permit from Palm Beach County Traffic Division for the signatization and signage of the
proposed school crossing at Lore Pine Road
We have no further engineering concerns and are able to recommend site plan approval.
V
G: Greg Dunham
Roxanne 1vIvining
Cindy Harvey
Foonawusoj.dw
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Planning and Zoning Commission (March 17, 1998
Petition PUD -97 -02
Page 4
EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS
EXISTING USE
ZONING
I
LAND USE
I
(
Subject Property
Planned Development
Residential Low
Vacant
Area (PDA)
(RL)
I
North
I
Planned Development
Residential Low
Vacant
Area (PDA)
(RL)
(
-
South
I
County
I I
County
D D
Eisenhower School
I I
f
East
I
County
County
Vacant
'
West
County
County
Residential
I
(Cabana Colony)
I
CONSISTENCY WITH THE
CODE
f
(
Consistent
Code Requirement
1
I
I Proposed Plan I
Yes
Planned Development Area
Zero - Lot -Line units
Residential Low
�
I I
I
Yes
Density max. 5 DU /AC
I
4 49 DU /AC I
I
I
No
I
Minimum Lot Width 65'
I
I Typical 46' I
No
Min.Building Site Area
Typical 4,140 square feet
6,500 square feet
1
Yes
-
13 spaces per unit
13 spaces per unit
I
r
No
Lot Coverage 35%
I
145% I
r
No
Front Setback 25'
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124' I
I
No
Side Setback 7.5'
0 -10'
Yes
Side corner. 20'
120' I
I
No
Rear Setback. 10'
i 5'
Yes
Building Height 36'
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Max. 30'
�
I
Yes
Open Space (40 %)
46% I
1
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PLANNING & REAL ESTATE of s0400
3320 FOREST MILL BMLEVA. C-331 v %
WEST PALM BEACH. FL 33406.5813
A J (561) 434$020 FAX (561) r3 -8187
BEACH
November 11, 1997
Bahareh Keshavarz
City Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Impact Analysis for Lone Pine
Dear Ms. Keshavarz:
This impact statement addresses the concerns of the School District of Palm Beach County as they
specifically relate to the anticipated impact of the construction of Lone Pine, a 7! zero lot line Deveiopment
to be located off Prosperdy Farms Road between Lone Pine Road and Atlantic Road.
A study was conducted utilizing demographic multipliers for Palm Beach County to estimate the number
of students which would be generated from this type of development. For the purpose of this analysis it
is assumed that all 71 dwelling units will consist of 3 + bedroom units. The Planning and Real Estate
Department estimates 28 elementary, 12 middle, and 11 high school students will be generated by the
project.
The geographic area in which these proposed dwelling units will be located is presently served by D.D.
Eisenhower Elementary School, H. L. Watkins Middle School, and William T. Dwyer High School. (see
Note 1). Following is a breakdown of membership for the 1997 -98 school year and current permanent
capacity for each school.
Current Membership
Current Permanent Capacity
D.D. Eisenhower
Elementary School
651
839
H.L. Watkins
Middle School
1475
...
William T. Dwyer
Hieh School
2051
1889
Students generated from this development will further overcrowd the assigned middle and high schools,
and may have a negati-re racial impact on :he assigned schools in the area.
The elementary school studegts that will attend D.D. Eisenhower will have to cross over Lone Pine
Road. Therefore, as a sa%ty precaution the school district is requesting that a crosswalk/pedestrian
signalization be provided°to assist students in crossing over Lone Pine Road.
This development, as well as other developments, may be subject to a possible boundary reassignment to
schools where the children residing within the development will have a positive racial impact at the
assigned school.
H:\ DATA\ WPSI\ DOCUiFI=RC\PBGARDEN\LONEPLNE.DdP � '
An Equal Education Opportunfiy Provider and Affirmative Amon Ernployer
If this is to be a gated community, the School Distr ict is requesting that a condition of approval
includes a bus stop pull off completely out of the right -of- -way or bus stop turn around in front of any
access control points or gated communities. These bus stops shall be sufficient enough in size to
accommodate a school bus. The size and location of all such school bus stops shall be coordinated
with the Palm Beach County Zoning, Planning, and Engineering Departments, as well as the School
District Planning Department.
The School District will recommend as a condition of approval that the subject development post a notice
of annual boundary school assignments for students from this development. The District will provide an
11" X 17" sign to be posted in a clear and visible location in all sales offices and models with the
following:
"NOTICE TO HONE BUYERS/TENAN'TS11
"School age children in this development may not be assigned to the public
school closest to their residence. School District policies regarding
overcrowding, racial balancing or other boundary policy decisions affect
school boundaries. Please contact the Palm Beach County School District
Boundary Office at (561) 434 -8100 to verify the most current school
assignment(s) for the house addresses in thin development."
The School District will continue to actively pursue a policy of providing adequate school facilities for all
children of Palm Beach County.
A developer /applicant claiming a School impact Fee Exemption must We a School Impact Fee
Exemption Application with the Impact Fee Coordinator's Office, 100 Auspr–A= Avenue, Suite 352,
West Palm Beach FL 33406. The Impact Fee Coordinator has the sole responsibility for approving
School Impact Fee Exemptions. All School Impact Fee Exemptions not elai —ed and approved prior
to building permit issuance are deemed waived by the developer /applicant. The developer applicant
has the sole responsibility for filing an application claiming a School Impact Fee Exemption.
Pre d By:
fetha McIntyre
Planning Technican
Planning & Real Estate Department
HF:Im
Approved By:
Zarry d
Fix
Planning Specialist
Planning & Real Estate Deparuuent
NOTE 1: Attendance boundaries are reviewed annually and are modified to accommodate the
opening;Qew schools and/or School District policies dealing with overcrowding and/or
racial balance.
Current Permanent Capacity does not include portable classrooms.
cc: Linda H. Hines
Lee Harding
Ann H. Skakandy (SAC 047)
Land Design South
H: \DATA1wPS IIDOC\HFLX\D RCkPBGARDEMLO&VEPINE.IMP
INTERLOCAL AGREEMENT
This Interlocal Agreement is made the day of , 199 ,
between the City of a municipality located in Palm Beach, Florida
(hereinafter "CITY ") and Palm Beach County, a political subdivision of the State of Florida,
(hereinafter "COUNTY "), each one constituting a public agency as defined in Part I of Chapter 163,
Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969" authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power, privilege,
or authority which such agencies share in common and which each might exercise separately; and
WNFRFAS, the Palm Beach County Board of County Commissioners adopted Ordinance
97 -56 which provides for the regulation of contractors and construction activity; and
WHEREAS, Section 7 of Ordinance 97 -56, codified at Chapter 7, Article II of the Palm
Beach County Code of Laws and Ordinances, provides that the Ordinance applies in the
unincorporated areas of Palm Beach County and that municipalities may authorize the enforcement
of the Ordinance within municipal boundaries; and
WHEREAS, the CITY desires to authorize the enforcement by Palm Beach County of the
provisions of Ordinance 97 -56 within the municipality; and
WHEREAS. by Resolution No. 98 -- _, the Palm Beach County Board of County
Commissioners granted the authority to the County Administrator or designee to execute a standard
form of Interlocal Agreement between municipalities and Palm Beach County, which Interlocal
Agreement provides for the enforcement of Ordinance 97 -56 within municipalities.
NOW THEREFORE, in consideration of the mutual representations, terms, and covenants
hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to allow the Palm Beach County Contractor Certification
Division to enforce the provisions of Ordinance 97 -56, codified in Chapter 7, Article 157 the Palm
Beach County Code of Laws and Ordinances, as may be amended from time to time, within the
CITY.
Section 2. Definition.q
The definitions set forth in Ordinance 97 -56 (attached hereto as Exhibit "A" and incorporated
herein by reference) shall apply to this Agreement.
"Agreement "means this Interlocal Agreement, including any amendments or supplements
hereto, executed and delivered in accordance with the terms hereof.
Section 3. Representative/Monitoring Position
The COUNTY'S representative during the term of this Agreement shall be the Director of
Contractor Certification, 100 Australian Avenue, West Palm Beach 33406, whose telephone number
is (561) 233 -5525. The CITY'S representative during the term of this Agreement shall be
, whose telephone number is (561)
2
Section 4. Effective Date/Term
This Agreement shall take effect upon execution. The tern of this agreement shall be in
effect until terminated by either party as provided herein.
Section 5. Responsibilities and Dutie .
CITY agrees to assist and support the County in enforcement of the provisions of Ordinance 97 -56.
COUNTY agrees to enforce the provisions of Ordinance 97 -56 within the CITY. Such enforcement
includes, but is not limited to, issuance of citations against persons who engage in construction
activity that requires licensure, as more fully set forth in Section 3 of Ordinance 97 -56 ("Issuance
of Citation, Administrative Hearing and Penalties "), issuance of citations against locally licensed
contractors who engage in activity prohibited by Ordinance 97 -56; conduct of hearings before the
Palm Beach County Construction Industry Licensing Board or Special Master, and issuance of Cease
and Desist Orden to prohibit any person from engaging in the business of contracting who does not
hold the required certification or registration for the work being performed.
Section 6. Terutiination
This Agreement may be terminated by either party to this Agreement upon written notice to
the other party.
Section 7. Enforcement Costs
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement
of the terms and/or conditions of this Agreement shall be bome by the respective parties, provided,
however, that this clause pertains only to the parties to this Agreement.
Section 8. Notice
All notices required to be given under this Agreement shall be deemed sufficient to each
3
party when delivered by United States Mail to the following:
COUNTY CITY
Director, Contractor Certification
100 Australian Avenue
West Palm Beach, FL 33406
Section 9. Filing
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
Section 10. Liability ;
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other party. Further,
nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to
Section 768.28, Florida Statutes.
Section 11. Amendments
This Agreement may be amended only upon written consent of all the parties hereto. The
Palm Beach County Board of County Commissioners must approve of such amendment by
Resolution or similar action of the Board of County Commissioners.
Section 12. Remedies
This Agreement shall be construed by and governed by the laws of the State of Florida. Any
and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
4
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 13. Time of the Essence
The parties expressly agree that time is of the essence in this Agreement and the failure by
a party to complete performance within the time specified, or within a reasonable time if no time is
specified herein, shall, at the option of the other party without liability, in addition to any other rights
or remedies, relieve the other party of any obligation to accept such performance.
Section 14. Equal Opportunity Provision
The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from
the benefits of, or be subjected to any form of discrimination under any activity carried out by the
performance of this Agreement.
Section 15. Captions
The captions and section designations herein set forth are for convenience only and shall have
no substantive meaning.
Section 16. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be held by a
court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
Section 17. Entirety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all
other negotiations, representations, or agreement, either written or oral, relating to this Agreement.
5
ATTEST:
Dorothy H. Wilken
By:
Deputy Clerk
(SEAL)
WTTNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:_
County Attorney
ATTEST:
By:
WITNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By% _
COUNTY ADMINISTRATOR
CITY OF
PALM BEACH COUNTY
(Name and Title)
C.Commo Army P DATA %mvut%"E88FA18WKrCONT.M%04rFJt =.AGR
6
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97- 56
2
AN ORDINANCE OF THE BOARD OF COUNTI'
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COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA
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PROVIDING FOR REGULATION OF CONTRACTORS ;
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REPEALING ORDINANCE 86-8, AS AMENDED;
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PROVIDING FOR DEFINITIONS; PROVIDING FOR
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PROHIBITIONS; PROVIDING FOR ISSUANCE OF
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CITATIONS FOR ADMINISTRATIVE HEARINGS;
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PROVIDING FOR CEASE AND DESIST ORDERS;
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PROVIDING FOR CRIMINAL VIOLATIONS; PROVIDING
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FOR ISSUANCE OF NOTICES TO APPEAR; PROVIDING
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FOR REPEAL AND SAVINGS CLAUSE; PROVIDING FOR
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APPLICABILITY; PROVIDING FOR ENFORCEMENT;
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PROVIDING FOR SEVERABILITY; PROVIDING FOR
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INCLUSION IN CODE OF LAWS AND ORDINANCES;
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PROVIDING FOR EFFECTIVE DATE.
17 WHEREAS, the business of construction and building improvenienu is a mater substantially 1
18 affecting the public interest; and
19 WHEREAS, in order to protect the health, safety and welfare of the public, it is necessary
20 to ensure that individuals engaged in the construction industry are duly qualified and that
21 construction is done according to code; mid
22 WHEREAS, pursuant to Fla StaL § 489.127, a county may enforce the provisions of Fla.
23 StaL § 489.127(1) and § 489.132 (1) against persons who engage in activity for which a county
24 license or state certification or registration is required; and
25 WHEREAS, pursuant to Fla Star § 489.531(3).a county may enforce the provisions of Fla
26 Star § 489.531(1) against persons who engage in activity for which a county certification is requited;
27 and
28 WHEREAS, pursuant to Fla. StaL § 489.127(5) turd § 489.531(3). a county is authorized to
29 enforce codes and ordinantcesagairst unlieensedcontraetorsand may, enact an ordinanceestablishing ,
30 procedures for implementing same; and
31 WHEREAS, Laws of Florida, Chapter 67- 1876, as amended, authortus the Constttunon
32 Industry Licensing Board of Palm Beach County ("CILB") to oversee local licensure of contractors
33 and discipline of same; and
34 WHEREAS. Laws of Florida, Chapter 67 -1876, as amended, declares it unlawful for any
35 person to engage in the business of contracting without the required local certificate of competency:
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and
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WHEREAS, Palm Beach County desires to protect the public by restncung and penalizing
construction activities performed b} unlicensed contractors and to enforce the provisionsof Fla Stat
Chapter 489 and Laws of Florida, Chapter 67 -1876, as amended
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA that
SECTION 1. DEFINITIONS,
As used herein, the following terms shall have the meaning described. Any term not defined
I
herein shall have the meaning found in Fla. Stat. Chapter 489 and/or Laws of Florida, Chapter 67-
1876, as amendcd.
A. "Certificate" or "License" shall mean a current valid Certificate of Competency
issued by the CILB pursuant to Laws of Florida. Chapter 67 -1876. as amended, or
a certificate issued by the state of Florida pursuant to Fla. Stat. Chapter 489.
i
B. "Certificate holder" or "Licensee" shall mean that contractor who holds a current,
valid certificate issued by the CILB or the state of Florida. I
C. "CILB" shall mean the Construction Industry Licensing Board of Palm Beach
County, as established by Laws of Florida, Chapter 67.1876, as amended.
(
D. "Contractor" shall mean the person who is qualified for and responsible for an entire
project contracted for and means (except as exempted by Laws of Florida, Chapter
67 -1876, as amended) the person who, for compensation. undertakes to, submits a j
bid to, or does him/herself or by others construct, repair, alter, remodel, add to. !
subtract from, or improve any building or structure, including related improvements !
to real estate, for others or for resale to others. A contractor shall hold a license or 1
I
certificate as provided by law before bidding or performing work requiring such
license or certificate.
E. "Code Enforcement officer" or "investigator" shall mean those persons designated I
by Palm Beach County Contractors Certification 1 Division for enforcement of the
regulationscontainedin Laws of Florida, Chapter 67 -1876, Fla. Stat. Chapter 489, 11
and this ordinance.
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F. "Registrant" shall mean that contractor who holds a license issued by the CILB and
who has registered with the state of Florida pursuant to Fla. Stat. Chapter 489
G "Special Act" shall mean Laws of Florida. Chapter 67.1876, as may be amended
from time to time.
SECTION 2. PROHIBITIONS, 1
A. No person shall
(1) falsely hold himself/herself or a business organtzauon out as a licensee, ;
certificate holder, or registrant;
(2) falsely impersonate a certificate holder, or registrant.
(3) present as his/her own the certificate or registration of another;
I
(4) knowingly give false or forged evidence to the CILB or member thereof;
(5) use or attempt to use a certificate or registration which has been suspended
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or revoked; I
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(6) engage in the business or act in the capacity of a contractor or advertise i
himself/herself or a business organization as available to engage in the 1
I
business or act in the capacity of a contractor without being duly registered
or certified. I
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(7) operate a business organization engaged in contracting after 60 days
1
following the termination of its only qualifying agent without designating i
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another pri—ry qualifying agent. except as provided in Fla. Stat.§489.119 I
and §489.1195;
(8) commence or perform work for which a building permit is required pursuant
to the adopted state minimum building code without such building permit
being in effect; I
i
(9) willfully or deliberately disregard any county ordinance related to uncertified '
or unregistered contractors.
B. No person shall: I
(1) engage in the business or act in the capacity of a contractor without having `
met the provisions of the Special Act. I
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C.
(2) It is unlawful for a person who is required to possess a certificate of
competent }, but who does not possess a current ceruficate of competency
(a) to advertise to the public to a newspaper ad, airwave
transmission, or a telephone directory, or b,6 issuance of a
card, or otherwise, that he/she is a contractor, or is qualified
1
to engage in business as a contractor;
I
(b) to hold himself/herself out as a contractor, whether as a
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plainuff, defendant or witness to any court in this County,
(3) It is unlawful for a contractor or a qualified business organization to fail to
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identify any of his/her vehicles used to transport materials and equipment to
a job site. Identification shall be effectuated by placing upon said vehicles
the contractor's name or symbol and certificate of competency number. in
two locations;
(4) It is unlawful for a contractor to fail to include his/her certificate of I
competency number in any advertising to the public in a newspaper,
1
magazine or other periodical, telephone directory display ad, airwave
t
transmission, business card, pamphlet, or other advertising medium
announcing. advertising, or promoting services regulated pursuant to the
Special Act, excluding a single -line listing in a telephone directory
The following acts are prohibited:
(1) willful or deliberate disregard and violation of the applicable building codes
or laws of the County or the State of Florida, i
(2) aiding or abetting an uncertified person or business organization to evade any !
provision of the Special Act;
(3) knowingly combining or conspiring with an uncertified person with intent to
evade the provisions of the Special Act;
(4) acting in the capacity of a contractor in any name other than that on the
certificate and/or different from the scope of work for which he/she is
certified to perform; I
4
I
1 '
(5)
diversion of funds or property received for prosecution or completion of a
2
specified construction project or operating where, as a result of the diversion
3 I
the contractor is or will be unable to fulfill the terms of his/her obligations or
4
contract,
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(6)
failure in any material respect to comply with the provisions of the Special
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Act;
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(7)
failure to maintain insurance coverage as set by the CILB or required by state
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or federal regulations;
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(8)
falsification of application or testimony given before the CILB;
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(9)
abandonment of a construction project in which the contractor is engaged or
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under contract as a contractor. A project shall be considered abandoned after I
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30 days if the contractor terminates the project without written notification
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to the owner or the prospective owner without tut cause, or fails to
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substantially perform work under the contract;
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(10)
signing a statement with respect to a project or contract falsely indicating that
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the work is bonded, falsely indicating that payment has been made for all
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subcontracted work, labor and material which results in a financial loss to the ;
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owner, purchaser or another contract, or falsely indicating that workers' ,
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compensation and public liability insurance are provided;
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(11)
a finding of proof and continued evidence that the certificate holder is guilty
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of fraud or deceit, gross negligence, incompetency and misconduct in the ;
I
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practice of contracting;
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(12)
subcontracting any work to any person, firm or business organization not
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holding a certificate of competency for work involved in the subcontract;
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(13)
obtaining a p--,a.iit for any work in which the certificate holder does not
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actually supervise, direct and control the construction or installation covered i
i
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by such permit;
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(14)
being convicted or found guilty, regardlessof adjudication, of a crime in any
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jurisdiction which directly relates to the practice of contracting or the ability
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to practice contracting,
(15) failure to satisfy, within a reasonable time, the terms of a civil judgment
obtained against the licensee relating to the practice of the licensce's
profession.
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(16) Committing mismanagementor misconductin the practice of contractingthat !
causes financial harm to a customer Financial mismanagement or ,
misconduct occurs when.
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1. Valid liens have been recorded against the property of a contractor's
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customer for supplies or services ordered by the contractor for the !
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customer's job, the contractor has received funds from the customer
to pay for the supplies or services, and the contractor has not had the I
liens removed from the property, by payment or by bond, within 75 (�
days after the date of such liens;
2. The contractor has abandoned a customer's job and the percentage of
completion is less than the percentage of the total contract price paid
to the customer as of the time of abandonment, unless the contractor
is entitled to retain such funds under the terms of the contract or
refunds the excess funds within 30 days afar the date the job is
abandoned ;or
3. The contractor's job has been completed, and it is shown that the
customer has had to pay more for the contracted job than the original
contract price, as adjusted for subsequent change orders, unless such
increase in cost was the result of circumstances beyond the control of
the contractor, was the result of circumstances caused by the
customer, or was otherwise permitted by the terms of the contract
between the contractor and the customer.
SECTION 3. ISSUANCE OF CITATION. ADMINISTRATIVE HEARING AND
PENALTIES
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A Destanation of Code Enforcement Officers,
Palm Beach Countv hereby designates the investigators
with the Palm Beach County
Contractor Certification Division as code enforcementofiicers with the authority to enforce
the provisions of Fla Stat § 489.127. Laws of Florida. Chapter 67 -1876 and this Ordinance
against persons who engage in construction activity that requires a County Certificate of
Competency or state certification or registration. Nothing in this section shall be construed
to authorize disciplinary proceedings against individuals holding the proper valid state
certification. 1
B. issuance of Citation_
I
(1) Issuance of Citation. Whenever, based upon personal investigation and in 1
accordance with policies and procedures established by the Contractor
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Certification Division, the investigator has reasonable and probable grounds i
to believe that a person has committed a prohibited act (as set forth in Section
2 of this Ordinance),the officermay issue a citation to the respondent which ;
shall include the following information:
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1. Date and time of issuance.
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2. Name and address of person to whom the citation is issued.
3. Time and date of violation
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4. A brief description of the violation and the facts constituting
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reasonable cause.
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5. The name of the investigator.
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6. The procedure for the person to follow in order to pay the civil i
penalty or to contest the citation.
7. The applicable civil penalty if the person elects not to contest the '
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citation.
(2) Citation Penalty. The maximum civil penalty which may be levied by
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citation shall not exceed $500. Moneys collected in payment for citations
shall be retained by Palm Beach County to support futurc enforcement I
activities.
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(3) Effect of Citation. Acoeal of Citation The act for which the citation is issued
shall cease upon receipt of the citation, and the person charged with the ,
violation shall elect either to correct the violation and pay the civil penalty in
the manner indicated on the citation or, within ten days of receipt of the
citation, exclusiveof weekends and legal holidays, request an administrative
hearing before the CILB or designated Special Master to appeal the issuance
of the citation by the investigator If the hearing date is not set forth in the
citation, a notice of hearing shall be served on the Respondent as provided in
Section 3(G). Failure of the respondent to appeal the decision of the
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investigator within the time period set forth herein shall constitute a waiver i
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of the violator's right to an administrative hearing. A waiver of the right to I
an administrative hearing shall be deemed an admission of the violation, and '
penalties may be imposed accordingly.
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(4) Administrative Hearino. Administrative hearings on appeals of citations I
shall be held before the CILB pursuant to, the CILB's authority to conduct r
hearings and assess fines as set forth in Fla. Stat. 489.127 and the Special
8 § I
Act. In the alternative, administrative hearings may be held before `
designated Special Masters. The members of the CILB may serve ex officio
as Special Masters, with the power to preside individually over administrative f
hearings to hear appeals of the issuance of a citation. The Special Master I
i
shall conduct the hearing in accordance with the procedure described herein. '
(5) Non - Criminal Citation. A person issued a citation for a violation is charged
with a noncriminal infraction.
(6) Order. Upon written notification by the investigator that a respondent has
not contested the citation or paid the penalty within the time al lowed on the
citation, or if a violation has not been corrected within the time set forth on
the citation, the CILB or Special Master shall enter an order ordering the
respondent to pay the civil penalty set forth on the citation. A hearing shall
not be necessary for the issuance of such an order. The order shall include
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a notice, if applicable, that fine(s) were imposed, and that a certified copy of
such order may be recorded in the public records of Palm Beach County.
Florida and may thereafter constitute a lien against any real or personal
property owned by the respondent
C. Administrative Hearino
1
Upon appeal of a citation. or at such other times as may be necessary, a heanng
before the CILB or Special Master may be convened. The meeting shall be held pursuant
to the requirements of Fla. Stat. § 162.07 and § 162.08, and the following shall apply-
1 Minutes shall be kept of all hearings and all hearings shall be open to the
public.
2. At the hearing. the burden of proof shall be upon the County to show by a
preponderance of the evidence that a violation(s) does exist. Where proper
notice of the hearing has been provided to the respondent as provided for i
herein, a hearing may proceed even in the absence of the respondent.
3. All testimony shall be under oath and shall be recorded.
i
4. The formal rules of evidence shall not apply but fundamental due process 1
shall be observed and shall govem the proceedings. Upon determination by :
the chairperson, irrelevant, immaterial or unduly repetitious evidence may be
excluded, but all other evidence of a type commonly relied upon by
reasonably prudent persons in the conduct of their affairs shall be admissible, f
whether or not such evidence would be admissible in a trial in the courts of
i
Florida.
5. Any member of the CILB or Special Master, the attorney representing the
CILB or Special Master, the respondent and his/her attorney may inquire or
question any witness present at the hearing. The respondent or his/her
attorney shall be allowed to cross- examine all witnesys present at the
I
hearing, and present testimony and evidence
6. At the conclusion of the hearing, the CILB or Special Master shall orally
render an order based on evidence entered into the record. In the case of I
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hearings before the CILB, the decision shall baby motion approved by the
affirmative vote of those persons present and voting, except that at least four
members of the CILB must vote for the action to be official An order setting
forth findings of fact and conclusions of law shall then be mailed to the
respondent within ten days of the hearing
7 If the CILB or Special Master finds that a violation exists, the CILB or
Special Master may order the respondent to pay a civil penalty of no more
than $1,000 per day for each violation. In determining the amount of the
i
penalty, the CILB or Special Master shall consider the following factors:
1. The gravity of the violation,
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed, by the violator. I
D. .Linn.
A certified copy of an order imposing a civil penalty against the respondent may be
recorded in the public records and thereafter shall constitute a lien against any real or personal i
I
property owned by the respondent Upon petition to the Circuit Court, such order may be enforced
in the same manner as a court judgment by the sheriffof the state, including a levy against personal
property. The order shall not be deemed a court judgment except for enforcement purposes. A civil
i
I
penalty imposed pursuant to this part shall continue to accrue tmtil the respondent comes into I
compliance or until judgment is rendered in a suit to foreclose on a lien, whichever occurs first
I
After three months from the filing of any such lien which remains unpaid, the Cl LB or designated
Special Master may authorize the local governing body's attomeyu foreclose on the lien. No lien
created pursuant to this part may be foreclosed on real property which is homestead, under Section i
4, Article X of the Florida Constitution.
I
t
E. B;smissal.
I
i
If the respondentor his designatedrepresentativeproves at the administradvehearing
that the citation is invalid or that the violation has been corrected prior to appearing before the CILB I
or Special Master, the CILB or Special Master may reduce the fine or dismiss the citation, unless
the violation is irreparable or irreversible. i
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F Aooeal to Circuit Court.
An aggrieved party, including the local governing body, may appeal a final
administrative order of the CILB or Special Master to the Circuit Court. Such an appeal
shall not be a hearing de novo but shall be limited to appellate revie%4 or the record created
at the hearing. The appeal shall be filed within 30 days of -the execution of the order to be
appealed !
G Service of Notice.
Proper notice of hearing is given where notice has been mailed to the respondent by
certified mail, return receipt requested; by hand delivery by the sheriff or law enforcement
or investigator; by leaving the notice at the violator's usual place of residence with some
person in the family above fifteen years of age and informing said person of the contents of i
the notice; or where an investigator, under oath, testifies that he/she did hand deliver the
citation to the respondent which included a hearing date. 1
F. Refusal to Acceol Citation.
- i
Any person who willfully refuses to sign and accept a citation issued by an i
investigator commits a misdemeanor of the second degree punishable as provided in Fla.
Stat. § 775.082 or § 775.083.
SECTION 4. CEASE AND DESIST ORDERS
I
The investigatorshave the authority, in accordancewith Article 14 of the Palm Beach County
I
Unified Land Development Code and F.S. Chapter 489, to issue a cease and desist order in the form
of a written official order to prohibit any person from engaging in the business of contracting who
i
does not hold the required certification or registration for the work being performed. The cease and
desist order may be posted on the premises where such violation has been committed or exists.
SECTION 5. CRIMINAL VIOLATIONS.
Any person who commits an act prohibited by Section 2 of this Ordinance may be charged
I
with a first degree misdemeanorand maybe punished accordingly. In accordance with the Florida
Statutes § 489.127, any unlicensed person who commits a violation of section 2(A) of this
Ordinance, after having been found previously guilty of such violation, commits a felony of the third
degree. In accordance with Florida Statutes § 489.127, any person who refuses to accept a citation
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commits a second degree misdemeanor
SECTION 6. ISSUANCE OF NOTICE TO APPEAR
The ►nvestigatorswith the ContmctorCertificauonDivisionare designated code enforcement
officers pursuant to Fla Stat Chapter 162. Pursuant to the authority set forth in Fla Stat Chapter
162. an investigator may issue a Notice to Appear at any heanng conducted by county court if the
investigator, based upon personal investigation, has reasonable cause to believe that a locally
licensed contractor or unlicensed contractor has committed a prohibited act set forth m Section 2
of this Ordinance. A Notice to Appear means a written order by an investigator in lieu of arrest
rcgttinng a person accused of violating the law to appear in a designated court at a specified date and
I
time. Prior to issuing the Notice to Appear, the investigator shall provide written notice of the
violation of this ordinance and shall establish a reasonabletime period within which the person must
correct the violation. Such time period shall be not less than S days and no more than 30 days. If I
upon personal investigation, the investigator finds that the person has not corrected the violation
I
within the prescribed time period, a Notice to Appear may be issued to the person who committed
the violation. The investigator is not required to provide a reasonable time period to correct if there
is reason to believe that the violation presents a serious threat to the!public health safety and welfare,
or if the violation is irreparable or irreversible.
SECTION 7. APPLICABILITY i
This ordinance shall apply to the unincorporated areas of Palm Beach County pursuant to
the Special Act, Article VIII and Florida Statutes Sec. 489.127. Municipalities may, by interlocal I
agreement with the County, and ordinance or resolution, authorize enforcement of this ordinance
within the municipality. i
SECTION 8. ENFORCEMENT.
A. Nothing herein contained shall prohibit the County from enforcing its codes
and ordinances by any other means. Nothing heroin contained shall prohibit i
the CILB from exercising its full authority pursuant to the Special Act and
Fla. Stat Chapter 489, as amended.
B. The Director of the Contractor Certification Division and CILB are
authorized to inspect and audit the records of construction firms to determine
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compliance with this ordinance, the Special Act, and Fla Stat Chapter 489,
based upon reasonable suspicion that a violation of any law or ordinance has
occurred
C The Director of the Contractor Certification Division and CILB are '
•. t
authorized to subpoena records. surveys, drawings, contracts or other
documentary materials regarding activities regulated by this ordinance, the
Special Act or Fla. Stat Chapter 489, based upon reasonable suspicion that
a violation of any law or ordinance has occurred.
D. The Director of the Contractor Certification Division and CILB are
authorized to subpoena telephone company records regarding telephone
numbers used in advertisements or listings regarding regulated activity
I
pursuant to this Ordinance, Special Act or Fla. Stat. Chapter 489. where
address of the telephone number and/or name and address of the subscriber
is unavailable to the investigator. The information obtained via subpoena
shall be limited to the name of the person or entity who has obtained phone
l
service, the mailing ddress of the i
g person or entity who has obtained phone i
service, and the address where the phone line in question is located.
i
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SECTION 9. REPEAL AND SAVINGS CLAUSIF
i
Ordinance 86-8, as amended by Ordinance 86-25 and Ordinance 90-23 and Ordinance 94 -5.
is hereby repealed in its entirety. All other Ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict. However, all provisions of Ordinance 86-8. as amended. are
preserved for the limited purpose of prosecuting violations of Ordinance 86-8, as amended, which
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violations were committed prior to the effective date of this Ordinance.
i
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SECTION 10. SEVERABILITY,
If any section, paragraph. sentence, clause, phrase, or word of this ordinance is for any reason
held by the Court to be unconstitutional, inoperative or void, such holding shall not affect the !
remainder of this ordinance.
SECTION 11. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this ordinance shall become and be made a part of the Code of Laws and
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Ordinances of Palm Beach County. Florida. The sections of the ordinance may be renumbered or
relettezed to accomplish such. and the word "ordinance" may be changed to "section ". -article", or
any other appropriate word.
SECTION 12. EFFECTIVE DATE
The provisions of this ordinance shall become effective upon filing with the Secretar ! of
State.
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach
County. on the 18th day of November , 1997.
PALM BEACH COUNTY, FLORIDA.
BY ITS BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY DOROTHY H. WILKEN. CLERA
Board f County Commmatoners
('JL
�'j— • 1� [ i •••••••. DEPUTY CLERK
COUNTY ATTORNEY = G -' ., •• !+rS.
Filed with the Departtagat of State bti 04 21 day
of November . 1997.
G'Ca MMOMW!'DATA NNIRADUKOCUACCUTCffAMD
STATE OF FLORIDA. COUNTY OF *ALAS BEACH
I, DOROTHY H. WILKEN.� ea-otfaao Clerk o be a
Board of Counq Commt,Krc•..:_
true and :rn9ct^ - of the ongu.at . a . wn my office
- DATED , st', Am Beach. FL cn L2Jjy/97
pOR WILKENier
14
C
� oG�
a. ■e
O RIP/
Department of
Manning. Zoning & Building
Executive Office
,4C Nustralian -kvenue
est - alm 8eacti FL 33 40-3
,:-311 �'33-5 =55
FA\ 300 233-51(35
.o :w.vw co palm beach l us
■
Palm Beach County
Board of County
Commissioners
Burt -\aronson Chairman
Maude Ford Lee Vice Chair
Karen T Marcus
Carol A Roberts
Warren H Newell
Mary Mccarty
Ken L Foster
County Administrator
Robert Weisman PE
-in Equal Upporrunity
i /jvm ttive knoll Emplover'
Amftd on n -#CI" OW
MEMORANDUM
TO: City Managers
FROM: Dominic Sims, Executive Direct
Planning, Zoning & Building De
DATE: April 23, 1998
RE: Interlocal Agreement
sa,
On November 18, 1997, the Board of County Commissioners
approved two ordinances regulating locally licensed contractors and
unlicensed construction activity: (1) Ordinance 97 -56 (applicable only
in the unincorporated area of the County pursuant to F.S. 489.127)
provided for issuance of cease and desist orders, issuance of
citations and civil fines, and notices to appear in court in cases of
non - compliant repeat offenders; and (2) Ordinance 97 -57 (applicable
County -wide) provided for issuance of notices to appear in court for
non - compliant repeat offenders.
Pursuant to F.S. 489, the provisions of Ordinance 97 -56 providing for
issuance of citations (and the resulting fines and liens) and cease
and desist orders can be enforced in those municipalities that enter
into an Interlocal Agreement with the County.
On April 21, 1998, the Board of County Commissioners passed a
resolution authorizing the County Administrator or designee to
execute a standard Interlocal Agreement with municipalities desiring
enforcement of the provisions of Ordinance 97 -56 within their
corporate limits.
i
c�G2
<z0R1,
Page 2
Interlocal Agreement
A copy of Ordinance 97 -56 and a copy of the Interlocal Agreement
are enclosed for your review. If you wish to enter into this agreement,
or desire additional information, please call Dale Peterson, Director
of Contractor's Certification Division, at 233 -5531.
DP: common\interlocal. dp
Enclosures: Ordinance 97 -56
Interlocal Agreement
t77/ 11 / 1 7'7C 11.44 701 Z aajJJ4 ro%A cull I RNI, I IJR;DV I R I rAk= t74
RESOLUTION NO. R -98- 558
RESOLUTION OFTHE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY, FLORIDA. AUTHOR17TNG THE
COUNTY ADMINISTRATOR OR DESIGNEE TO EXECUTE
STANDARD 04TERLOCAL AGRFFA(ENTS WITH
MUNICIPALITIES IN PALM BEACH COUNTY AND
PROVIDING FOR ENFORCEMENT OF ORDINANCE 97 -56
WITHIN MUNICIPALITIES: PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Palm Beach County Board of County Commissioners adopted Ordinance
97 -56 on November 18, 1997, providing for the regulation of contractors; and
WHEREAS, pursuant to Section 7 of Ordinance 97 -56, the Ordinance applies in the
unincorpor*-i arras of Palm Beach County, but ttwnicipalities may authorize the enforcement
of the Ordinance within the municipalities by Intedocal Agreement with Palm Beach County; and
WHEREAS, authorizing the County Administrator or designee to execute a standard
Interlocal Agreerneot with any municipalities who desire to enter into an Interlocal Agreement with
the County for enforcement of Ordinance 97-56 within the municipalities will expedite the provision
of these cnfowxz=t services in municipalities; and
WHEREAS. execution by the County Administrator or designee of the Intedocal Agreements
necessary to provide enforcement within municipalities is a ministerial function and does not
constitute a policy- snaking decision.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that:
Section 1. The County Administrator or designee is hereby authorized to execute a
standard Interlocal Agreement on behalf of the Board of County Commissioners, which is in the
form attached hereto as Exhibit "A" which has been previously approved as to legal form and
sufficiency by the County Attorney.
Section 2. Should any special provision be requested by a municipality or other
governmental entity for inclusion in the Interlocal Agreement, said Interlocal Agreetttent shall be
presented to the Board of County Commissioners for consideration and approval.
Section 3. This Resolution ctiAn be incorporated into and made a pact of the Policies and
Procedures Manual of the Contractor Certification Division.
" U:JI 111 1770 11. JJ
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r n�.v�n • i �.nv � �+�wv � n i
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Section 4. The fully executed intertocal Agmments will be received and riled with the
Board of County Commissioncrs
Section S. This Resolution shall be effective on the date adopted.
The foregoing resolution was offered by Commissioner Newell who moved its
adoption. The notion was seconded by Commissioner Lee , and upon being put
to a vote, the motion passed as follows:
COMMISSIONER BURT AARONSON -
Aye
COMMISSIONER MAUDE FORD LEE
Aye
COMMISSIONER KEN L FOSTER -
Absent
COMMISSIONER MARY WCARTY -
Aye
COMMISSIONER KAREN T. MARCUS -
Aye
COMMISSIONER WARREN H. NEWELL. -
Aye
COMMISSIONER CAROL A. ROBERTS -
Aye
The Chairman therettpon declared the resobtion duly passed and adopted this _ 21 day
of Ars11 _.1998.
APPROVED AS TO FORM AND
LEGALL,SUFFICIENCY
By. -;AI N � -
Assistant Comity V eyr
PALM BEACH COUNTY. FLORIDA. BY ITS
BOARD OF COUNTY COMMISSIONERS
Dorothy H. Wilken. Clerk
By.
Deputy Cleric
03/ 11 / 1'77tr 11: 14 nb1 YJJn Q h bUL;UN 1 KAU 1 UKbU 1 K 1 PAGE 02
PALM BEACH COUNTY
PLANNING, ZONING AND BUILDING DEPARTMENT
• CONTRACTOR'S CERTIFICATION DIVISION
�O POLICY AND PROCEDURE
Dale A. Peterson, Director
PPM #
PCO -018
Issued:
01/08/98
Effective:
01/15/98
SUBJECT: PROCEDURE FOR IMPLEMENTING PENALTIES FOR ACTS PROHIBITED
BY PALM BEACH COUNTY ORDINANCE 97 -56
PURPOSE: To establish procedures for issuance of citations and a schedule of civil penalties for
violations of construction licensing laws and ordinances.
AUTHORITIES:
1. Florida Statutes, Chapter 489
2. Laws of Florida, Chapter 67 -1876
3. Palm Beach County Ordinance 97 -56
POLICY: It is the policy of Palm Beach County (PBC)and the Construction Industry Licensing
Board of Palm Beach County(CILB) to issue notices of noncompliance and citations,
assess civil penalties and order court appearances for acts prohibited by PBC Ordinance
97 -56 and F.S. 489.
PROCEDURE:
1. A notice of noncompliance (NON) or citation with a civil penalty may be
issued for prohibited acts identified in Section 2 of Ordinance 97 -56.
2. All information must be provided on the Citation Form as required by Section
3.B. of Ordinance 97.56.
3. A cease and desist order will be issued and posted on the site where contracting
activity is being performed without the required certification for the work
being performed
4. A notice to appear (NTA) in County Court may be issued to non - compliant
repeat offenders. Prior to issuing a NTA, written notice of the violation
(NON) must be provided with a reasonable time for correction specified (not
less than 5 days and no more than 30 days). A NTA may be issued if the
violation is not corrected within the prescribed time period.
5. Issuance of a NTA requires the approval of the Division Director or the Chief
Field Investigator.
CI7/ 11I 1 770 11 . L4 ,01 4JJ777'+ F I mH%l I UmID.- I R I I"Hht IOj
CITATION PENALTIES:
1.
2.
CITATION FORMS:
1
Page 2 of 2
Penalties will normally be assessed in accordance with the attached schedule
of penalties.
Variations from the schedule must be approved by the Division Director or
Chief Field Investigator.
Citation forms are pre - numbered and will be assigned to Field Investigators
in books of 25 citations.
2. Field Investigators are accountable for the citation forms. The white copy of
the citation will be turned in immediate to the Secretary , yellow copy will
lcu,ain with case for backup, the pink copy is to be retained by the investigator
and the gold copy is provided to the respondent.
3. A record will be maintained on the disposition of all citation forms.
4. All copies of citation forms which may be damaged or not usable will be
returned to the secretary for destruction.
5. Voided citations will be returned to the Chief Field Investigator or Director
with an explanation of the error. The citation then will be given to the
Secretary for disposition and destruction.
APPLICABILITY:
1. Civil penalties and cease and desist orders may be issued only in the
unincorporated areas of Palm Beach County unless an agreement exists with
a municipality.
2. These provisiaWprocedures on citations, cease and desist orders and NTA's
apply to unlicensed contracting activity and locally licensed contractors only.
3. Notices of noncompliance may be issued ,to State certified contractors.
4. Referral of cases to other agencies for investigation or prosecution is not
affected by these procedures.
ATTACHMENTS:
1. Notice of Noncompliance Form
2. Citation Form
3. Schedule of Penalties
Revised: 5199
" a
Dhvct r — -
1771 11 / 1 770 11 : 44 701 LJJ777'+ I RMI.. I URDt, 1 R 1 t AUL Brj
a Zowto* a
DATE:
CONSTRUCTION INDUSTRY LICENSNt G BOARD
OF PALI,1 BEACH COUNTY
100 AUSTRALIAN AVE
WEST PALM BEACH, FL 33406
NOTICE OF
NONCONIPLLANCE
TO: CERTIFICATION #
(Print all information clearly in blue or black ballpoint pen)
COMPANY NAME:
ADDRESS:
LOCATION: -- CASE #:
YOU ARE HEREBY NOTIFIED that an investigation reveals that you are in noncompliance with:
PALM BEACH COUNTY ORDINANCE SECTION:,,
FLORIDA STATUE 489 (PART I or PART II) SECTION: „
VIOLATION:
DETAILS:
REQUIRFMXNTS FOR CORRECTION
'THEREFORE, you are hereby directed that on or before the day of You are to
CORRECT SAID VIOLATION and NOTIFY THE UNDERSIGNED IN WRITING that the violation has been
corrected and use case number of said Notice of Noncompliance.
By: Phone #:
For use with cartiaw contrscting activity:
TTnnn rAnlinet tko iw #640 - U- .- -- _i.___ -.- L•_-
U.JI I l I I J JU L.L. LY JOI L.JJ..IJJN I M"%, I UI\..J� I R I t'AUL U
PAYMENT PROCEDURE
iu may mail the amount of the civil penalty, along with a copy of the citation, to the address below. You may also pay
amount in person between 8.00 AM and 4:30 PM, Monday through Friday at this location. All payments must be
US FUNDS in the form of certified or cashier's checks or money orders payable to Palm Beach County. US currency
.y be used if paid in person Do not send cash through US Mail,
CONSTRUCTION INDUSTRY LICENSING
BOARD OF PALM BEACH COUNTY
100 AUSTRALIAN AVE. - ROOM 317
WEST PALM BEACH, FLORMA 33406
(561) 233 -5530
RIG9T TO APPXAL
u may waive your right to pay the initial civil penalty assessed in the citation and exercise your right to an
tinistrative hearing to appeal the issuance ofthis citation. Such hearing will be conducted by the Construction Industry
easing Board (C1T,R) or a designated Special Master. You must request a hearing in writing to the CELB at the above
tress within ten (10) worldng days of receipt of the citation. You will be notified of the scheduled hearing date and
e.
ie CELB or Special Master finds that a violation (s) exists, a civil penalty of up to $1,000 per day for each violation
be imposed.
AMERICAN DISABILITIES ACT:
ACCORDANCE WITH THE AMERICAN DISABILITIES ACT, THIS DOCUMENT MAY BE
QUESTED IN AN ALTERNATE FORMAT. CONTACT THE OFFICE OF THE
NSTRUCTION INDUSTRY LICENSING BOARD AT (561) 233 -5525 FOR FURTHER
ORMATION.
U-01 il/ 1770 ll. GY aOlG.7.7:JJJY r - nvIv- ....v,", r RQM ud
Schedule of Penalties for Acts Prohibited by PBC Ordinance 97 -56
Notices of Noncompliance (NON), Civil Citations (CC) and Notices to Appear (NTA) will be
issued in accordance with the following schedule for prohibited acts identified in Section 2 of
Ordinance 97 -56. The prohibitions listed herein are abbreviated; Ordinance 97 -56, Sections 2 and
3, must be used for completeness when issuing any of the above documents.
Ord 97 -56
Prohibition
First
Second
Section
2
(Abbreviated)
Offense
Offense
A. (
1)
False representations as a licensee
Use violation #6
(
2)
Impersonate a certificate holder
Use violation #6
(
3)
Present as own the certification of another person
500
500
(Unl)
(
4)
Knowingly give false/forged evidence to CILB
Use violation #6
(
5)
Use of suspended or revoked certification (Unl)
500
500
(
6)
Engage, act or advertise as available for contracting
NON if victim (NTA if not
without being registered or certified (Unl)
corrected)
500
500
(
7)
Contracting with no qualifier beyond 60 days
S00
500
(St.L.) 90 days (Ct.L.) Unlicensed activity after specified time.
(
8)
Starting work without required permits (Ct.L.)
250
500
(
9)
Willful/deliberate disregard of Ordinance (Ct.L.)
CILB
(related to uncertified/unregistered contractors)
B. (
1)
Engage in business without meeting provisions
500
500
of the Special Act (Unl)
(
2)
Without proper certification: (Unl)
(a) Advertise as qualified
250
500
(b) Testify in court as a contractor
S00
500
(
3)
Failure to identify vehicle (Ct.L.)
NON
250
(
4)
Failure to include certification number in ads
NON
250
(Ct.L.)
b5/ 11/ LIJIJ i 11 : L4
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Page 2
Schedule of Penalties for Acts Prohibited by PBC Ordinance 97 -56
Ord 97 -56 Prohibition
Section 2 (Abbreviated)
rAutt by
First Second
Offense Offense
C. (
1)
Willful/deliberate violation of building code
CELB or LCRB
(Ct.L.; St.L.)
(
2)
A,idinglabetting unlicensed personnel (Ct.L.)
500 500
(Possible CELB)
(
3)
Knowingly conspiring with unlicensed to evade
provision of Special Act (Ct.L.)
CELB
(
4)
(a) Acting in an name other than on certificate
250 500
(b) Working outside scope of certification (Ct.L.)
500 500
(
5)
Diversion of funds, unable to fulfill contract
Use violation # 16
(
6)
Failure in any material respect to comply with
provision of Special Act
Not used for citations
(
7)
Failure to maintain required insurance (Ct.L.)
NON 250
(
8)
Falsification of application or testimony to Cn-R
CILB
(Ct.L., Unl.)
(
9)
Abandonment of Construction project (Ct.L.)
NON (NTA if not corrected)
(Possible CILB)
(10)
Falsely indicating work is bonded, subcontractors
NON (NTA if not corrected)
paid which results in financial loss; falsely
(Possible CILB)
indicating insurance coverage (Ct.L.)
(11)
Fraud/deceit/gross negligence/misconduct in
CUB or LCRB
contracting (Ct.L., St.L.)
(12)
Subcontracting to person/firms not holding required
i
certification. (Ct.L., OB & H/O)
500 500
CJ7/ 11 / 1 778 11 : 44 7b1 L rM t-.UN I KHI, I UKSI. I K I PAGE 16
Page 3
Schedule of Penalties for Acts Prohibited by PBC Ordinance 97 -56
Ord 97 -56 Prohibition First Second
Sectigin 2 (Abbreviated)
Qffense Qffente
(13) Obtaining a permit for work not supervised or
controlled by certificate holder (Ct.L.) 250 500
(14) Convicted, found guilty of a crime relating to
contracting (Ct.L.) CELB
(15) Failure to satisfy civil judgement relating to NON (NTA if not corrected)
contracting (Ct.L.) (Possible CELB
(16) Mismanagement/misconduct in contracting causing NON (NTA if not corrected)
financial harm (Ct.L.) (Possible CILB)
Notes: 1. The above schedule of actions may be adjusted because of special circumstances or
situations. In the case of contractors holding a County certification, a hearing before
the CELB rather than imposition of a fine may be appropriate, depending on the
nature/seriousness ofthe violation. Likewise, a notice of noncompliance with a time
for corrective action may be appropriate, especially when there is a victim/loss.. All
such adjustments/changes require the approval of the Chief Field Investigator or
Division Director.
2. Referral of cases to other agencies for investigation or prosecution is not affected by
the fine schedule.
Ct.L.:
County Licensed
OB :
OwnerBuilder
Unl :
Unlicensed
St.L.:
State Licensed
IVO :
Homeowner