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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 Wluus i 10004 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) i N Pr roi .� � � O u tp N VI a � � \� -� N O o A 43 14 14 4+ U " _ `+ `. " l�:. �l 00 ..�> .. Imo► I a� b+ Ntre a LA m c ke s V �u•% w 9 Ud0 0.1 . :910 0 h M I I Aa u a� v Irup IV +' O vi 1 1 f+ - .+ .. .-. 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 L VIAV�VV V • •aV a•VJ AT .. -�.�t: *:w T.. mow. tut ...w lnn•_ N V\J.VV14� -suy ate. uau aa e..aaur....i T T .��. aa.�.. �. .+vyuaa — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — T;... 1-I—, a, iauv a. aaY vua.i hT ...- o ; i Tc a AR .....1.\.. •...y. v\.iu..i:iy^ a..•uau aa...aawa.i — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Ed Schur hciz.+ ..yva -iu ..i i +.y a... aa•, •a�.a.w �.L 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. 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It I It 1 1 li-♦— -=1 A- u I I I r.-r- dw--- /i /\ 141 E 1 J i ''1 -• - ' - - - -•• -- - -- � �.:a- >. \ -111 ■ 1 3 t�A / /4\ _■ 7 I \_ \\ \\ T.:hT \ \ • I I ibl ■ I ■ 1 ■ fa: / r%\ \d/ n 1 Z• e .la I I I I 1 "c' / E •� ! a 1 �� ,. - 1 1 ! . i \ \\ ! ` "K• 1 I / / � ice' .. e . is i i f —"—T. -'•\._ ' �".. o Him is js qua d r 132 11 d ill • EA d RAM ope • e AL III ' U —77r, UP *11 i 1 3 1 _. 19 1! -1N� ^. -A! t N 1 N p ,`� Illi - iii„ i s lit 'm ............. ;�. ■ i •. a ^Dm lip ' i noo ~ �1 V... - ME MAI P1111111111 . .............a as 9� Qn1 ITU D A Dv DI A 7 A I...1 : l i • ■ • 1 1 l l0I R Y9 • 1'011110• a LOT O .— i1MR C9■1■a I a rur .■,�1 waw ILOWA IF 141 ■LI msmimm r.mm mN c1 o I I I I IZ: 24 L b LINDAHL, BROW \INC, FERRARI & FiELLSTROM, INC. c _ 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. I � M Iw• E _a w tes �G � ie d cr_ go C w �u u A= wN ou 1 V y :i 'O t•� O 1 – 1 A_ _ 1 O : w• :� +' 48.1 w V M2 _. 5 r 1! 1 .4 C ar -++ A 6) w 'L 1 in 4-v ._. V n IOT 1 = •rte M — .. = . . 1 'O G A L. rr S G 1 w v G = H .G L 1 ^ r+u U L. = in N IA lV 1 M w = iA 7 O G 1 G u w rw. W is ma ^. ,' 6 Li .� CA I ° = Lai — 0 .., .. z 72 d � •• I �H,� l `fd 'iu l 1 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 gAshortr- 1\sp9802.re Resolution 47, 1998 Page 2 oZ fit �tti -J J d la " }IJ 7 o -a.Dw. •OW„vmacm mmw"„. emo Aw.Nnoo s3-}sw3-nve i - r 1 t i1 - -- ` • �� \� U) I F c z�/ � I �- :� ��✓ �-- N ..-- N t� ,.,y N / t Q •. �/J Sts \ ' / :7 \ ✓ ✓ \/ �j N \ Z.. —srr ,1 Co I Ni 1 0 i I J U) 1 N i! A 1 lii cr it 111111 cii� r} N ' Ij,l ( ! �t•• Itt s Oo N cr) I .y — CD N it ' nt m I , 1 M & 1�, ;I !� 1 ut!! iN IAItli� 11!lllili} r W 4 W nor �� f dam. O O i O b- i 1 l 1�t 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 -' IIfiQI ll la�. IV board Jlail /IVcad a L..- 4l- 4l- .J. t.(p� TL Is.- .m�a V lV IIGPI 1116 VOJGJ VII 1116 QyG11VQ IVI 6"a4, d,... All a,.,.a:....,..., L..11 L.. ,J aL ,J L..11 L, ., ,J ,J TL., i..- a L.... -.J lllaL %A x111 LGJLII IIVIIy JI lall ✓G u11VG1 cath al %d Qllall ✓G IGVVIUGV. 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GYIV e11VG111G1 IIIOIIGIJ IGIgIGV lV qll GIII VIVGIIIGIII rIVVGGdll 1\�. 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 2 I %0 I I i � I I o I CW .2 1 _•n 1 1 r 1 1 n Y 1 I v s 1 nI. ea 10 a es ij 1 �+ -ri S .-'3 w •"1 1.. V_ dS �• •9 .L .. 19 .: i+ 1 'C C �. 'tv •!•1 YY ..� N ... Y+ V ^ `r• _ �. zr .� +± Ir 1 .e n 1.. 1 �± r ref ' �+ ! S.• v •--: •t,. N ... :.� no. 'o Y C _ .. M ... ..r A d. 1 V _ M 1 .r W _- el °J• as _! L f3 -." .:. h M . - -F w a) 1 _ V OII e) w 7 N C— w ... '1.m i K 1 e = C Us w^ •% _. N .`S L . -C w L 1 l/1 r �. 1 V N S `� ' n 'O N 4!SI •� `� G' V N [d C3 pr A. Z. =l 1 _. f'Tf 2w _M v1 v ...a u.. .. d _._ L w w Q N L. �+ Aw _. rr 1 4! _. •!! 1 O 'M W e+: 7 Me O v L-. = t : iM AS Z. 2 r A ow F. 1 V I r 1"! 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Cy 4 Q Q Q b w Gs� cn W n 0 0 0 0 0003 0003 x W W ..,, LLi LI] �+..w.. ..— .. a...n to C14 CU 00 to 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' I 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' I Max. 30' � I Yes Open Space (40 %) 46% I 1 ----- �3 Z �11J i {! 4 1 1 20 'd 0 ,, ' >! it i xl r Y V i1 i ► I b 1 W 1 ' I f - a s J r g � s o � d R � P lu ...M e s "Ac :S2n of- f-.r --AVW 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 1 97- 56 2 AN ORDINANCE OF THE BOARD OF COUNTI' 3 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA 4 PROVIDING FOR REGULATION OF CONTRACTORS ; 5 REPEALING ORDINANCE 86-8, AS AMENDED; 6 PROVIDING FOR DEFINITIONS; PROVIDING FOR 7 PROHIBITIONS; PROVIDING FOR ISSUANCE OF 8 CITATIONS FOR ADMINISTRATIVE HEARINGS; 9 PROVIDING FOR CEASE AND DESIST ORDERS; 10 PROVIDING FOR CRIMINAL VIOLATIONS; PROVIDING 11 FOR ISSUANCE OF NOTICES TO APPEAR; PROVIDING 11 FOR REPEAL AND SAVINGS CLAUSE; PROVIDING FOR 13 APPLICABILITY; PROVIDING FOR ENFORCEMENT; 14 PROVIDING FOR SEVERABILITY; PROVIDING FOR 15 INCLUSION IN CODE OF LAWS AND ORDINANCES; 16 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: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 and i 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 I or revoked; I i (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 i (7) operate a business organization engaged in contracting after 60 days 1 following the termination of its only qualifying agent without designating i i 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 3 1 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 i 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 I 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, 5 (6) failure in any material respect to comply with the provisions of the Special 6 Act; 7 (7) failure to maintain insurance coverage as set by the CILB or required by state 8 I or federal regulations; 9 (8) falsification of application or testimony given before the CILB; i 10 (9) abandonment of a construction project in which the contractor is engaged or I I under contract as a contractor. A project shall be considered abandoned after I i 12 30 days if the contractor terminates the project without written notification 13 to the owner or the prospective owner without tut cause, or fails to 1 , 14 substantially perform work under the contract; 15 (10) signing a statement with respect to a project or contract falsely indicating that 16 the work is bonded, falsely indicating that payment has been made for all 17 subcontracted work, labor and material which results in a financial loss to the ; 18 owner, purchaser or another contract, or falsely indicating that workers' , 19 compensation and public liability insurance are provided; i 20 (11) a finding of proof and continued evidence that the certificate holder is guilty 21 of fraud or deceit, gross negligence, incompetency and misconduct in the ; I 22 practice of contracting; 23 (12) subcontracting any work to any person, firm or business organization not 24 holding a certificate of competency for work involved in the subcontract; 25 (13) obtaining a p--,a.iit for any work in which the certificate holder does not 26 actually supervise, direct and control the construction or installation covered i i 27 by such permit; 28 (14) being convicted or found guilty, regardlessof adjudication, of a crime in any 29 t jurisdiction which directly relates to the practice of contracting or the ability 5 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. i (16) Committing mismanagementor misconductin the practice of contractingthat ! causes financial harm to a customer Financial mismanagement or , misconduct occurs when. i 1. Valid liens have been recorded against the property of a contractor's I customer for supplies or services ordered by the contractor for the ! I 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 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 i 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: i 1. Date and time of issuance. I 2. Name and address of person to whom the citation is issued. 3. Time and date of violation 1 4. A brief description of the violation and the facts constituting i reasonable cause. i 5. The name of the investigator. I 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 ' i citation. (2) Citation Penalty. The maximum civil penalty which may be levied by i citation shall not exceed $500. Moneys collected in payment for citations shall be retained by Palm Beach County to support futurc enforcement I activities. i 7 P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (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 I investigator within the time period set forth herein shall constitute a waiver i I 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. I (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 8 1 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 29 29 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 E 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 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 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 12 i 1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 I 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 i violations were committed prior to the effective date of this Ordinance. i I 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 13 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 Jul LJJJJJ`. r n�.v�n • i �.nv � �+�wv � n i r r4%= 101/ 171 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 5b1l, J=n4 rbt,WN i MRk. i URJI. I n I 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