HomeMy WebLinkAboutAgenda Council Agenda 060498All those wishing to address the City Council need to complete the necessary form (supply located
in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to
order.
CITY COUNCIL REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 4, 1998
7:30 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL: Mayor R Vice Mayor Furtado, Councilman Jablin, Councilman Clark
Councilman �atello
III. ANNOUNCEMENTS
Monday, June 8, 5:30 p.m., Art Advisory Committee
Tuesday, June 9, 1998, 7:30 p.m., Planning and Zoning Commission
Tuesday, June 16, 1998, Neighborhood Initiative Task Force
IV. CITY MANAGER REPORT P4°%`�� p �" CL
V. PRESENTATIONS l' T�� 19AAX#7�� G
,l c� V1. AWARDING OF BIDS �a e�- �� eG � J
p . Awarding of Bid for Chemical Spray Unit for Golf Course
Awarding of Bid for Traffic Pre - Emption Equipment
s� D 3. Renewal of Contract with Occupational Health Center of the Gardens, Inc.
VII. IT MS BY MAYOR AND COUNCIL
C��y�Zst/Jd`�tiY.!/'�!
VIII. COMMENTS FROM THE U Please submit re est card to Clerk pnor to this Item)
404"L-
IX. CONSENT AGENDA
1. Appproval of Minutes of 5/21/98 City Council Regular Meeting.
2. Resolution 40, 1998 -Consideration of Approval of the Plat of a Definitive Map of the
Q Right -of -Way of Fairchild Gardens Avenue, Gardens Parkway, Kyoto Gardens Drive,
Kew Gardens Avenue, Lake Victoria Gardens Avenue and Related Easements.
X. PUBLIC HEARINGS:
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. (Public
Hearing, Adv. 5/19/98; Consideration of Second Reading and
4o�,, 3rd Adoption)
XI. RESOLUTIONS: biog-
Resolution 50, 1998 - Consi val for Burns Road E. Self Storage, Lot 13
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CITY COUNCIL REGULAR MEETING 614/9$
XII. ORDINANCES:
Ordinance 13, 1998 - Amending Section 34 -56, Entitled "General Prohibition" of Article III,
Entitled "Noise" of Chapter 34, Entitled "Environment" of the Code \
of Ordinances. orkshop /Consideration of First Reading)
XIII. ITEMS FOR CQVNGIL ACTION A,4�,
XIV. ITEMS FOR DISCUSSION _
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C&X-a X V CITY ATTORN Y RE O T
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XVI. ADJO RNMENT ,
In accordance with the Americans wit Disabilities Act an 'I . mute 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.
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June 4, 1998
The Honorable Joseph Russo
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Re: Ordinance 20, 1997
Dear Mayor Russo:
I want to take an opportunity to thank you, City Council and City Staff for their recent efforts in
addressing complaints about construction noise in the area adjacent to the Christ Fellowship, Inc. project
located on the north side of Northlake Boulevard. I trust we will continue to enjoy the peace and quiet of
our residential area in the early morning hours and the enforcement of our City's Codes.
As a follow -up to our discussion last week, attached is an updated table indicating times construction
began on the project:
Da /Date (1998)
Time
Equipment
Authorities Notified
Tuesday, 5/19
6:15 am
Dump Trucks
-Wednesday, 5/20
6:10 am
Dump Trucks
Called Police
-Thursday, 5/21
6:20 am
Dump Trucks
Called Police P &Z
Friday, 5/22
6:15 am
Dump Trucks, Grader,
Called Police
Com action units
Sat - Mon, 5/23 -25
Out of town
Tuesday, 5/26
6:40 am
Dump Trucks, Grader,
P &Z /Code Enforcement
Compaction units
Wednesday, 5/27
6:40 am
Dump Trucks, Grader,
Called Police
Com action units
Thursday, 5/28
7:00 am
Dump Trucks, Grader,
Called Police
Compaction units
Spoke w /Mayor Russo,
Bobbie Herakovich &
Roxanne Maiming
7:20 pm
Friday, 5/29
6:30 am
Dump Trucks, Grader,
Called Police, P &Z,
Compaction units
Code Enforcement
Monday, 6/1
7:00 am
Dump Trucks
Called Police, P &Z,
Code Enforcement -
Citation Issued
Tuesday, 6/2
6:30 am
Dump Trucks
Called Police, P &Z
Wednesday, 6/3
No discernible construction noise
Met with P &Z
-Thursday, 6/4
No discernible construction noise
TI Ik you for your time and interest in the residents of Patin Beach Gardens.
Joa ` Altwater
91 0 Cypress Hollow Drive
Palm Beach Gardens, Florida 3341 S
cc: City Council Persons
Bobbie Herakovich, City Manager
Roxanne Manning, Growth Management Director
MEMO
PARKS AND RECREATION
TO: Bobbie Herakovich, City Manager
FROM: Sue Miller, Director, Parks & Recreatione6 \-
DATE: May 7, 1998
RE: Purchase of chemical spray unit for golf course
In the 1997/98 fiscal year budget, $50,000 has been allocated in the Golf Maintenance budget for
the purchase of various pieces of field equipment, including a chemical spraying unit.
Staff recommends that the City "piggyback" the GSA product price list, under contract number
GSA- 07F- 8722D, and award a purchase order to Hector Outdoor Turf of Deerfield Beach, in the
amount of $11,117.55 to purchase the chemical spray unit for the golf course.
If you have any questions or require further information, I am available at your convenience.
cc: Greg Dunham, Assistant City Manager
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: May 5, 1998
Subject/Agenda Item: Purchase of chemical spraying unit for Golf Course
Recommendation/Motion: Approve purchase of chemical spray unit for use at the
golf course by "piggybacking" the GSA Product Price list, contract # GSA-07F-
8722D in the amount of $11,117.55.
Reviewed by:
Originating Dept:
Costs:
Council Action:
City Attorney
$ „�11 Total
[ ] Approved
Finance
$ 50.000
[ ] Approved w c«wrom.
Current FY
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ x ] Operating
Paper.
[ ] Other
1. Memo from Director of
[ X ] Not Required
Parks and Recreation
Submitted by: Sue
Miller,
Department Director
Affected parties
( ] Notified
Budget Acct#::
09 -2540- 572.6420
[. ] None
Approved by.
City Manager
[ J Not required
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Traffic Preemption Devices
Subject/Agenda Item
Approve purchase on Palm Beach County Bid.
Recommendation /Motion:
Reviewed by:
City Attorney
Finance ���
ACM
Originating Dept: I Total Costs: $ 3 7, 700
Fire - Rescue
$37,700
Current FY
Date: May 27, 1998
Council Action:
[ ] Approved
[ ] Approved w =wrjwu
( ] Denied
Human Res.
Advertised:
Funding Source:
[ ] Continued to:
i Other
Date:
(X] Operating
Attachments:
Paper.
[ ] Other
I Memo
Submitted by�rgel
[X] Not Required
County Contract
atmme hector
Affected parties
Budget Acct #::
01 -1200- 522.6420
Approved by:
[ ] Notified
[ ] None
City Manager
[ X] Not required
BACKGROUND:
This will finalize the purchase and installation of the Automatic Vehicle
Location and Traffic Preemption System. This was initiated in the 96/97
Budget Year.
OFFICE OF THE FIRE CHIEF
INTER OFFICE MEMO
DATE: May 27, 1998
TO: Bobbie Herakovich, City Manager
FROM: Peter T. Bergel, Fire Chie —
RE: Traffic Preemption System /Equipment
We respectfully request the Fire Depaimient to be placed on the June 4t' Council
Consent Agenda for the purpose of purchasing Traffic Preemption System
Equipment.
Account 01- 1230 - 522.6420 has $30,000.00 approved for the purchase of traffic
preemption devices for the fire depaLwient. It is our intent to purchase eleven (11)
vehicle interface kits at a cost of $18,700 or an average cost of $1,700 per vehicle and
five (5) intersection interface kits at a cost of $19,000 or an average cost of $3,800
per intersection. The total cost is $37,700, which is $7,700 over the budgeted cost. I
am requesting to replace the budgeted atmospheric meters at $8,000 with the traffic
preemption equipment. The atmospheric meters will not be purchased because of
the new regional hazardous materials response plan.
This equipment was installed by Palm Beach County Fire Rescue in their vehicles
and is currently utih7.ed by their dispatch for locating the closest units for emergency
response and allowing fire and emergency vehicles to activate traffic signals and
provide quicker response times. This concept of traffic preemption has been
supported countywide by both the Board of County Commissioners as well as the
Fire Chiefs Association. Palm Beach County Traffic Engineering has supported this
concept and will install the interface kits on designated intersections within the City
limits. This purchase would be off the County bid for this equipment therefore not
requiring the City to go out to bid. Additionally, we must utih7e the same equipment
as the County for compatibility reasons due to the fact that we are dispatched by
their agency.
I have presented this information and process to Kent Olson and received his
approval for this purchase. It is imperative that we purchase this equipment as soon
as possible for two reasons. First, Palm Beach County Fire Rescue (fire dispatch) is
currently utilizing AVL and traffic preemption technology for dispatching. Second,
we are in the process of installing our AVL equipment and would eliminate the cost
of a second installation charge if both pieces of equipment were installed together.
I have enclosed a copy of the County Bid (three -year contract) for this equipment. If
you need any further documentation supporting our decision to purchase this
equipment please do not hesitate to contact me at any time. I thank you in advance
for your anticipated cooperation in this matter.
cc: file
K. Olson
1. 1 CON'T'RACT FOR TRAFFIC SIGNAL "' 9 8 191 D
2 PRE- EMPTION SYSTEM /EQUIPMENT FEB 17 1998
3 This Contract is made as of this _1 7 day of„ I:eh . , 1995, by and between Palm Beach County, a Political
4 Subdivision of the State of Florida, by and throu -h its Board of Commissioners, hereinafter referred to -as the
j COUNTY and Midwest Traffic Products, Inc., 1320 Enterprise Drive, Romeoville, It. 60446, a corporation authorized
6 to do business in the State of Florida, hereinafter referred to as CONTRACTOR, whose Federal 1. D. or Social Security
7 number is 36- 404 -9849.
S In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR agree as follows:
9 ARTICLE 1 - SERVICES
10 The CONTRACTOR'S responsibility tinder this Contract is to provide to the COUNTY traffic Signal Pre - Emptions
I 1 System/Equipment that provides the right of way to properly equipped vehicles. CONTRACTOR shall provide on site
12 training and installation assistance to Fire Rescue for implementation of equipment into Fire Rescue Vehicles, and
I 3 training and installation assistance to Traffic Engineering Division pertaining to COUNTY intersections, as more
14 specifically identified in the Specification and Scope of Services, Exhibit "A ".
15 The COUNTY'S representativelliaison during the performance of this Contract shall be Herman Brice, Administrator,
16 Fire Rescue Department, or designee Chief,Randall K. Sheppard, Rescue Division, telephone number (561) 561 -233-
17 0130.
is Reports and other items shall be delivered or completed in accordance with detailed schedule set forth in the
19 Specifications and Scope of Services, Exhibit "A ", and Delivery of Equipment, Exhibit "B -1" and "13-2 ".
20 ARTICLE 2 - SCHEDULE
21 The CONTRACTOR shall commence services on February 17, 1995 and complete all services by February 16, 2001.
) I First year of Contract shall be from February 17, 1995 through February 16, 1999. Second year of Contract shall be
23 from February 17, 1999 through February 16, 2000. Third Year of Contract shall be from February 17, 2000 through
24 February 16, 2001.
25 Reports and other items shall be delivered or completed in accordance with detailed schedule set forth in Exhibit "B ".
26 ARTICLE 3 - PAYMENTS TO CONTRACTOR
27 A. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not
28 exceed a total Contract amount of Three Hundred Forty -Three Thousand Dollars ($343,000.00). Contract
29 term February 17, 1995 through February 16, 1999, total expenditure shall not exceed One Hundred Sixty-
30 Two Thousand Five Hundred Dollars (5162,500.0). Second Term of Contract February 17, 1999 through
1 February 16, 2000, total expenditure shall not exceed Ninety -Four Thousand Five Hundred Dollars
32 (S94,500.00). The Third year of Contract February 17, 2000 through February 162, 2001 expenditure shall
> ; not exceed Eighty-Six Thousand Dollars (S86,000.00), extending the total Contract amount over the life of the
34 contract to Three Hundred and Forty -Three Thousand Dollars (8343,000.00). The CONTRACTOR shall
> 5 notify the COUNTY'S representative in writing when 90% of the "not to exceed amount" has been reached.
36 The CONTRACTOR will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set
37 forth in Exhibit "B" of Contract for items delivered and services rendered toward the completion of the
38 Specifications and Scope of Work. Where incremental billings for partial completed items is permitted, the
39 total billings shall not exceed the estimated percentage of completion as of the billing date.
40 B. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the
4l COUNTY'S representative, indicating that services have been rendered in confonnity with the Contract and
42 then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30)
3 days following the COUNTY representative's approval.
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C. Final Invoice: In order for both parties herein to close their books and records, the CONTRACTOR will
clearly state "final invoice" on the CONTRACTOR'S final /last billing to the COUNTY. This certifies that all
services have been properly performed and all charges and costs have been invoiced to Palm Beach County.
Since this account will thereupon be closed, any and other further charges if not properly included on this
final invoice are waived by the CONTRACTOR.
ARTICLE, 4 - TRUTH -IN- NEGOTIATION CERTIFICATE
Signature of this Contract by the CONTRACTOR shall also act as the execution of a truth -in- negotiation certificate
certifying that the wage rates, over -head charges, and other costs used to determine the compensation provided for in
this Contract are accurate, complete and current as of the date of the.Contract and no higher than those charged the
CONTRACTOR'S most favored customer for the same or substantially similar service.
The said rates and costs shall be adjusted to exclude an), significant sums should the COUNTY determine that the rates
and costs were increased due to inaccurate, incomplete or noncurrent wade rates or due to inaccurate representations
of fees paid to outside CONTRACTORS. The COUNTY shall exercise its rights under this Article 4 within three (3)
years following final payment.
ARTICLE 5 - TERMINATION
This Contract may be canceled by the CONTRACTOR upon thirty (30) days prior written notice to the COUNTY'S
representative in the event of substantial failure by the COUNTY to perform in accordance with the terms of this
Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the COUNTY,
with or without cause, immediately upon written notice to the CONTRACTOR. Unless the CONTRACTOR is in
breach of this Contract, the CONTRACTOR shall be paid for ser•ices rendered to the COUNTY'S satisfaction through
the date of termination. After receipt of a Termination Notice and except as otherwise directed by the COWTY the
CONTRACTOR shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
C. Transfer all work in process, completed work, and other materials related to the terminated work to
the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 6 - PERSONNEL
The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to
perform the services under this Contract. Such personnel shall not be employees of or have any contractual
relationship with the COUNTY.
All of the services required herein under shall be performed by the CONTRACTOR or under its supervision, and all
personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under
state and local law to perform such services.
Any changes or substitutions in the CONTRACTOR'S key personnel, as may be listed in Exhibit "A ", must be made
known to the COUNTY'S representative and written approval must be granted by the COUNTY'S representative before
said change or substitution can become effective.
The CONTRACTOR warrants that all professional services shall be performed by skilled and competent personnel to
the highest professional standards in the field.
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ARTICLE 7 - SUBCONTRACTINC.
The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a particular
subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability
of the subcontractor to perform properly under this Contract. The CONTRACTOR is encouraged to seek minority and
women business enterprises for participation in subcontracting opportunities. If the CONTRACTOR uses anv
subcontractors on this project the following provisions of this Article shall apply:
If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the
subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to
acceptance of the new subcontractor by the COUNTY.
The CONTRACTOR agrees to abide by all provisions of the M/WBE Ordinance and understands that failure to comply
with any of the requirements will be considered a breach of contract.
The CONTRACTOR understands that each minority and/or women owned firm utilized on this contract must be
certified by Palm Beach County in order to be counted as M /WBE participation.
The CONTRACTOR further agrees to provide the M /WBE Division with a copy of the CONTRACTOR'S contract
with any M /WBE subcontractor or any other related documentation upon request.
CONTRACTOR understands the requirements to comply with the tasks and proportionate dollar amounts throughout
the term of the contract as it relates to the use of M/WBE firms. Any M /%VBE's which, for anv reason, no longer
remain associated with the contract of CONTRACTOR shall be replaced with other certified M/WBE's, unless
approval to the contrary is granted by the COUNTY.
The CONTRACTOR understands that he /she is prohibited from making any agreements with the M /WBE in which the
M /WBE promises not to provide sub - CONTRACTORS quotations to other bidders or potential bidders.
The CONTRACTOR agrees to maintain all relevant records and information necessary to document compliance with
Ordinance 1"93 -28, as amended by 95 -5 and will allow the COUNTY to inspect such records.
ARTICLE 8 - FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign an exemption
certificate submitted by the CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its
suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONTRACTOR authorized
.to use the COUNTY'S Tax Exemption Number in securing such materials.
The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes,
and benefits with respect to this contract.
ARTICLE 9 - AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this contract is contingent upon an annual appropriation for
its purpose by the Board of County Commissioners.
ARTICLE 10- INSURANCE
A. Prior to execution of this Contract by the COUNTY the CONTRACTOR shall provide certificates evidencing
insurance coverages as required hereunder. All insurance policies shall be issued by companies authorized to
do business under the laws of the State of Florida. The Certificates shall clearly indicate that the
CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict
compliance with this ARTICLE and that no material change or cancellation of the insurance shall be effective
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without thirty (30) days prior written notice to the COUNTY'S representative. Compliance with the foregoing
requirements shall not relieve the CONTRACTOR of its liability and obligations under this CONTRACT.
B. The CONTRACTOR shall maintain during the term of this Contract, Miscellaneous Professional Liability or
Errors and Omission Liability and shall have a minimum limit of $1,000,000 per occurrence and S 1,000,000
per occurrence aggregate.
C. The CONTRACTOR shall maintain, during the life of this Contract, Comprehensive General Liability, in the
amount of S5,000,000 combined single limit including Premises /Operations, Product/Completed Operations,
Contractual Liability, Personal Injury /Advertising Injury and Broad Form Property Damage Insurance, to
protect the CONTRACTOR from claims for damages for bodily and personal injury, including wrongful
death, as well as from claims of property damages which may arise from any operations under this Contract
whether such operations be by the CONTRACTOR or by anyone directly employed by or contracting with the
CONTRACTOR.
D. The CONTRACTOR shall maintain, during the life of this Contract Comprehensive and Business Automobile
Liability Insurance in the minimum amount of 5500,000 combined Single Limit including Hired and Non -
owned auto liability, combined single limit for bodily injury and property damage liability to protect the
CONTRACTOR from claims for damages for bodily and personal injury including death, as well as from
claims for property damage, which may arise from the ownership, use of maintenance of owned and non -
owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by
anyone directly of indirectly employed by the CONTRACTOR.
E. The CONTRACTOR shall maintain, during the life of this Contract, Workers Compensation and Employers
Liability for all of its employees at statutory limits in compliance with Florida Statute 440.07.
F. All insurance, other than Professional Liability and Workers' Compensation, to be maintained by the
CONTRACTOR shall specifically include the COUNTY as a "Additional Insured ", and must be endorsed to
the Commercial General Liability and Business Auto Liability policies in favor of Palm Beach County Board
of County Commissioners, a political Subdivision of the State of Florida, its officers, agents and employees,
Attn: Purchasing Department - RE: 95- 007 /FS, 50 South Military Trail, Suite 110, West Palm Beach, Fl
33415.
ARTICLE I1 - INDEMNIFICATION
The CONTRACTOR shall indemnify and save harmless and defend the COUNTY, its agents, servants, and employees
from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or
omission of the CONTRACTOR, its agents, servants, or employees in the performance of services under this Contract.
The CONTRACTOR further agrees to indemnify, save harmless and defend the COUNTY, its agents, servants and
employees from and against any claim, demand or cause of action whatsoever kind or nature arising out of any conduct
or misconduct of the CONTRACTOR not included in the paragraph above and for which the COUNTY, its agents,
servants or employees are alleged to be liable.
ARTICLE 12 - SUCCESSORS AND ASSIGNS
The COUNTY and the CONTRACTOR each binds itself and its partners, successors, executors, administrators and
assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such
other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the
CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the
other, except that CONTRACTOR may assign its right to receive payment. Nothing herein shall be construed as
creating any.personal liability on the part of any officer or agent of the COUNTY which may be a party hereto, nor
shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the
CONTRACTOR.
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ARTICLE 13 -REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the
contract 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 partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
ARTICLE 14 - CONFLICT OF INTEREST
The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance or services required hereunder, as provided for in Florida
Statute 1 12.31 1. The CONTRACTOR further represents that no person having any interest shall be employed for said
performance.
The CONTRACTOR shall promptly notify the COUNTY'S representative, in writing, by certified mail, of all potential
conflicts of interest for any prospective business association, interest or other circumstance which may influence or
appear to influence the CONTRACTOR'S judgement or quality of services being provided hereunder. Such written
notification shall identify the prospective business association, interest or circumstance, the nature of work that the
CONTRACTOR may undertake and request an opinion of the COUNTY as to whether the association, interest or
circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the
CONTRACTOR. The COUNTY agrees to notify the CONTRACTOR of its opinion by certified mail within thirty (30)
days of receipt of notification by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business
association, interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the COUNTY
shall so state in the notification and the CONTRACTOR shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the
CONTRACTOR under the terms of this Contract.
ARTICLE 15 - EXCUSABLE DELAYS
The CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises
out of causes reasonably beyond the control of the CONTRACTOR or its subcontractor and without their fault or
negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor
disputes; freight embargoes; and abnormally severe and unusual weather conditions..
Upon the CONTRACTOR'S request, the COUNTY shall consider the facts and extent of any failure to perform the
work and, if the CONTRACTOR'S failure to perform was without it or its subcontractors fault or negligence, the
Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the
COUNTY'S rights to change, terminate, or stop any or all of the work at any time.
'ARTICLE 16 - ARREARS
The CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgement, lien, or any form of indebtedness. The CONTRACTOR further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract.
ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONTRACTOR shall deliver to the COUNTY's representative for approval and acceptance, and before being
eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under
this Contract.
All written and oral information not in the public domain or not previously known, and all information and data
obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the CONTRACTOR
and will not be disclosed to any other parry, directly or indirectly, without the COUNTY'S prior written consent unless
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required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed, or
purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may
be reproduced and reused at the discretion of the COUNTY.
The COUNTY and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statute (Public
Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party
pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of
documents, shall survive the execution and delivery of this Contract and the consummation of the transactions
contemplated hereby.
ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHIP
The CONTRACTOR is, and shall be, in the performance of all work services and activities under this Contract, an
Independent CONTRACTOR, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of
the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the
CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means
and manner in which it and its employees perform the work, and in all respects the CONTRACTOR'S relationship and
the relationship of its employees to the COUNTY shall be that of an Independent CONTRACTOR and not as
employees or agents of the COUNTY.
The CONTRACTOR does not have the power or authority to bind the COUNTY in any promise, agreement or
representation other than specifically provided for in this agreement. V
ARTICLE 19 - CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the CONTRACTOR to solicit or secure this Contract and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the
CONTRACTOR, any fee, commission, percentage, gift , or any other consideration contingent upon or resulting from
the award or making of this Contract.
ARTICLE 20 - ACCESS AND AUDITS
The CONTRACTOR shall maintain adequate records related to all charges, expenses, and costs incurred in estimating
and perf6rming the work for at least three (3) years after completion of this Contract. The COUNTY shall have access
to such books, records, and documents as required in this section for the purpose of inspection or audit during normal
business hours, at the CONTRACTOR'S place of business.
ARTICLE 21 - NONDISCRIMINATION
The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without
regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation.
ARTICLE 22 - ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute,
breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing
party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes)
even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
H: \CONTRACT \GPS.CTR 6
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ARTICLE 23 - AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals
required to conduct its business. and that it will at all times conduct its business activities in a reputable manner. Proof
of such licenses and approvals shall be submitted to the COUNTY's representative upon request.
ARTICLE 24 - SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent,
be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons
or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 25 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and
that there are no promises or understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto in accordance with Article 27 - Modifications of Work.
ARTICLE 26 - PUBLIC ENTITY CRIMES
As provided in F.S. 287.132 -133, by entering into this Contract or performing any work in furtherance hereof, the
CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and CONTRACTORS who will perform
hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S.
287A 33(3)(a).
ARTICLE 27 - MODIFICATIONS OF WORT:
The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein or
additions thereto. Upon receipt by the CONTRACTOR of the COUNTY'S notification of a contemplated change, the
CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the
contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the
COUNTY if the contemplated change shall effect the CONTRACTOR'S ability to meet the completion dates or
schedules of this Contract. The parties agree to negotiate in good faith changes in the guarantee that may occur.
If the COUNTY so instructs in writing, the CONTRACTOR shall suspend work on that portion of the Scope of Work
affected by a contemplated change, pending the COUNTY'S decision to proceed with the change.
If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the
CONTRACTOR shall not commence work on any such change until such written amendment is signed by the
CONTRACTOR and approved and executed by the Board of County Commissioners for Palm Beach County.
H: \CONTP.ACT \GPS.CTR
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ARTICLE, 28 - NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the I
COUNTY'S representative shall be mailed to:
Herman Brice, Administrator
Palm Beach Countv Fire Rescue
50 South Military Trail, Suite 101
West Palm Beach, Florida 33415
cc: Chief Randall K. Sheppard, Rescue Div.
Telephone No.: 561 -233 -0130
and if sent to the CONTRACTOR shall be mailed to:
H: \CONTRACT \GPS.CTR
Midwest Traffic Products, Inc.
1320 Enterprise Drive
Romeoville, IL 60446
Telephone No.: 630 -226 -1364
cc: Control Technologies
2776 S. Financial Court
Sanford, Florida 32773
0
Execution of this Contract 1)y the Director of Purchasing is not legally binding or in effect until approval by the Palm Beach
County Board of County Commissioners.
IN WITNESS WHEREOF, the Director of Purchasing of Palm Beach County, Florida has made and executed this Contract on behalf
of the COUNTY and CONTRACTOR has hereunto set its hand the day and year above written.
PALM BEACH COUNTY, FLORIDA FOR ITS
BOARD OF COUNTY COMMISSIONERS
BY DOUGLAS V. MYERS,
DIRECTOR OF PURCHASING
Douglas V.v s, Director
WITNESS: CONTRACTOR:
Midwest Traffic Products, Inc.
Signature Company Name
Andrew C. Jones BY: '
��
Name (type or print) Signature '
Gary V. Jones
Typed Name
President
Title Q Q 'j ry
APPROVED AS TO FORM "/ v 191 7 1 U
AND LEGAL SUFFICIENCY
FE 8 17 1998
By seal)
County Attorney (Y
H: \CONTRACT \GPS.CTR 9
SPECIFICATIONS AND SCOPE OF WORK
CPS & RADIO BASED TRAFFIC SIGNAL PREEMPTION SYSTEM
FOR EMERGENCY VEHICLES
WITH OPTIONAL AUTOMATIC VEHICLE LOCATION (AVL)
& COMPUTER AIDED DISPATCH (CAD) CAPABILITIES
Contractor shall supply to the County Traffic Signal Preemption System that provides the right of way to properly
equipped vehicles. The preemption system shall be capable of integrating with Automatic Vehicle Location (AVL) and
Computer Aided Dispatch (CAD) capabilities. Preemption capability shall also be available as an add -on to an
existing AVL /CAD system by Trimble Navigation Systems Limited. The vehicles the preemption capability will
impact many include fire engines, police cars, ambulances, buses, and other agency service vehicles. as designated.
SYSTEM OVERVIEW
The preemption system shall be able to operate in all weather, including heavy fog, and shall not be limited to
a clear line -of -sight path between the intersection and approaching vehicles. The system shall accommodate
curved approaches and be able to preempt around comers.
The preemption range for each approach to an intersection shall be programmable based on distance or time,
whichever provides the earlier preemption call.
a) A preemption call shall be issued to the traffic control equipment when the distance between the
intersection and the approaching; vehicle is less than a minimum distance specified in feet or meters.
b) A preemption call shall be issued to the traffic control equipment when the estimated time of arrival
(ETA) of the approaching vehicle is equal to or less than a desired preemption leadtime specified in
seconds, such as 20 seconds. The ETA shall be calculated in real -time based on vehicle position, speed,
direction of travel, and the detected preemption route. By using ETA, the system shall dynamically
adjust the preemption range so as to provide more range for faster vehicles and less range for slower
vehicles, thereby assuring that the required leadtime for the preemption call is achieved regardless of
vehicle speed.
The system shall dynamically extend the preemption range and assure an earlier preemption call to the traffic
controller at the intersection if stopped vehicles are detected by a queue detector in advance of the intersection.
thus providing additional time to clear out detected backed up traffic.
The system shall be all digital and not include any analog adjustments. The satellite -based Global Positioning
System (GPS) shall be used to determine exact vehicle position, speed and direction, as well as the exact time
of day for logging purposes.
The intersections and approaching vehicles shall maintain two -way communications via digitally -coded radio.
The radio system shall also be usable for remote programming of the preemption equipment at the intersection
H: \CONTRACT \GPS.CTR 10
and for preemption log retrieval, thus avoiding the need to physically open the traffic cabinet and connect a
portable computer.
The system shall automatically drop the preemption call when the vehicle is parked at the emergency site, thus
eliminating the possibility of unwanted preemption of intersections downstream on the preemption approach.
The vehicle equipment shall be able to sense a door switch or other switch. The intersection equipment shall also
be able to use the GPS data transmitted from the velticle to detect lack of motion and automatically drop the
preemption call if the vehicle has not moved for a specified number of seconds.
The system shall be hands -free for the vehicle operator, except when the operator requires preemption on a silent
run, at which point the operator may use a manual overide switch to initiate operation of the system. The system
shall be fully automatic for normal operations.
2. PREEMPTION BY APPROACH
The preemption system shall make provision for up to twelve (12) approaches per intersection. Each approach
shall be able to include curved sections, sharp comers and turns at intersections. It shall be possible for an
approach to partially overlap another approach, in particular as approaches merge near the intersection.
The preemption equipment at the intersection shall be able to provide six (6) preemption outputs to the traffic
controller. These shall be able to accommodate an intersection with up to six legs, or an intersection with up to
four legs and a train crossing, with two approaches. Each preemption output shall be able to provide a continuous
output, indicating a high priority call from an emergency vehicle or a train, or an output modulated at 6.25 Hz,
indicating a low priority call, for instance from a transit vehicle or snowplow.
The preemption equipment at the intersection shall be able to determine the approach of a vehicle and its
estimated time of arrival (ETA). These capabilities shall be based on previously created approach data, the real -
time position, speed and direction data from the vehicle, and turn signal indications, which shall be sensed by the
preemption equipment in the vehicle.
A preemption call shall be issued to the traffic controller at the intersection when the ETA of the approaching
vehicle is equal to, or less than, a preprogrammed lead time for the onset of preemption. Additional lead time
shall be provided in the event of backed up traffic, as sensed by queue detectors in the roadway.
A preemption call to the traffic controller at the intersection shall be held when a first vehicle has passed through
the intersection, and a second vehicle is about to enter the ETA -based preemption window. This will prevent the
controller from cycling to opposing traffic phases, which would need to be terminated by a second preemption
event. The maximum gap between vehicles shall be programmable as time in seconds or as distance in feet or
meters.
H: \CONTRACT \GPS.CTR 11
A preemption call shall not be issued when radio messages are received from vehicles outside of the
preprogrammed preemption approaches, thus avoiding the possibility of a false preemption. The width of a each
section of a preemption approach shall be individually adjustable in meters or feet.
The system shall be all digital and be free from analog settings, such as a signal strength threshold to set the
preemption range, or a compass that has to be calibrated for a specific vehicle. No adjustments shall be needed
to compensate for variations in ambient temperature or for component aging. Precise vehicle position, direction
and speed shall be derived from GPS data, which reflects absolute latitude and longitude.
3. EVENT LOGGING
The preemption system shall include an automatic data logging feature to facilitate system verification,
discourages abuse of preemption, and provide backup data for legal purposes.
The preemption equipment at the intersection shall be able to store up to 250 preemption events, with the newest
data overwriting, the oldest. All logged data shall be time stamped with GPS time and be accurate to the nearest
second.
Logged preemption event data shall be retrievable by a nearby vehicle via the two -way radio system, or remotely
via modem.
Logged data shall include the start and stop times of each preemption event, the vehicle I.D. number, vehicle
priority level, agency I.D. number, approach number, preemption output channel number, and reason for
terminating the preemption call.
4. VEHICLE EQUIPMENT
An operator interface panel shall be provided for mounting on the dashboard. This panel shall provide a
momentary start switch to manually initiate preemption at the beginning of a run that requires the operator to
respond without lights, all other operations shall be hands -free, plus LED indicator lamps for RUN and IDLE.
In the event of a detected self -test failure, the IDLE LED shall flash, and an audible alarm shall be sounded. This
panel shall constitute the only operator interface in the vehicle.
Note:Palm BeachCounty Fire Rescue shall utilize a remote that will provide the operator with fully automatic
operations, except those occasions that require the vehicle operator to respond without lights. On these occasions
the remote shall have a manual momentary start switch to provide preemption capabilities to the vehicle.
Municipalities shall have the option of utilizing an automatic activation upon starting of vehicles and activation
of emergency warning lights.
H: \CONTRACT \GPS.CTR 12
The preemption electronics and radio transceiver shall be packaged in a single aluminum enclosure measuring
not more than 5" x 5" x 9 ". This unit shall provide mounting flanges or a bracket and be installable anywhere
inside the vehicle.
The preemption electronics shall include four 12 Volt DC logic sense lines as follows
a) One sense line to initiate or terminate radio transmission. This line shall normally be wired to the on/off
switch on the operator interface panel.
b) One sense line to terminate the preemption call to the intersection when the emergency vehicle has
arrived at the emergency site. This line may be wired to a door switch or other switch.
C) Two lines to sense the right and left turn signals of the vehicle. These will provide advance notice of an
intended turn to the preemption system.
The equipment mounted in the vehicle shall meet NEMA environmental specifications, which call for operation
from -34 degrees C ( -30 degrees F) to +74 degrees C ( +165 degrees F). It shall also meet SAE specifications
applicable to operation in a vehicle.
Palm Beach County Fire Rescue does have the AVL /CAD System and does not require the GPS receiver
antenna. Wherein, "if a municipality does not have the AVL /CAD System capability ", the following
requirement shall be applicable.
Two antennas shall be provided for installation on the roof of the vehicle: a GPS receiver antenna and a small
omnidirectional whip antenna for two -way radio communications. Appropriate low -loss coax cables and
connectors shall be furnished to join the antennas to the preemption equipment.
The.vehicle equipment shall be easily transferrable from one vehicle to another, with no need for adjustment or
calibration.
5. INTERSECTION EQUIPMENT
The preemption electronics shall be available in two configurations: crack with a ttivo -card module for shelf
mounting in a NEMA traffic cabinet, and a two -card module for direct plums in two adjoining slots of the input
file of a Type 170/179 traffic cabinet. This module shall also be installable in two adjoining slots in existing
detector racks in NEMA cabinets. The two -card module for either configuration shall be complete with a power
supply for 120/240 VAC, 50/60 Hz incoming power.
The preemption electronics shall provide six 24 Volt DC, ground -true logic outputs for interface to existing
traffic control equipment. Depending on the priority of the radio message, the output calls shall be steady to
H: \CONTRACT \GPS.CTR 13
indicate an emergency vehicle or a train, or be modulated at 6.25 1-1z to indicate a transit vehicle or service
vehicle.
Each of six output channels shall be assignable to any of the 12 approaches to the intersection. It shall be
possible to assign multiple approaches to a single output.
LED lamps on the front panel of the preemption module shall indicate the logic state of each preemption output.
Switches shall be provided on the front panel to place calls manually to verify programming of the traffic
controller.
Provision shall be made on the front panel to deactivate the preemption outputs so that the preemption system
can be checked out without affecting actual traffic.
The two -way radio module shall be housed in its own enclosure and shall be installable anywhere in the traffic
cabinet. Power to the radio module shall be provided by a compact wall -plug transfonner.
Two antennas shall be provided for installation on an exposed mastarm or signal post: a GPS receiver antenna
and a small omnidirectional whip antenna for two -way radio communications. The GPS antenna shall be domed
to prevent the accumulation or snow or debris. Low -loss coax cable and appropriate connectors shall be
funushed to join the antennas to the equipment in the traffic cabinet.
6. TWO -WAY RADIO SYSTEM
Identical radio transceivers with matching antennas shall be used in the vehicle and at the intersection.
Two radio systems shall be available with the preemption system: a spread spectrum radio system and narrow
band radio system.
The spread spectrum radio system shall not require an FCC site license, as allowed under FCC Part 15. It shall
operate over the 26 N4HZ wide band from 902 to 928 MHZ. Nominal transmitted power shall be 725 mW (28.6
dBm). The typical range over unobstructed terrain shall be in excess of 3,500 ft (1.0 kilometer).
The narrow band radio system shall operate at a licensed frequency, as specified. Nominal transmitted power
shall be in excess of 2 W (33 dBm) and provide a range in excess of I mile (1.6 kilometers).
In the event of loss or blockage of the radio signal, the equipment at the intersection shall hold the preemption
call for a programmable number of seconds.
H: \CONTRACT \GPS.CTR 14
7. GPS SYSTEM
Each vehicle shall be equipped with a GPS receiver and shall make provision for differential corrections to avoid
position errors due to Selective Availability (SA). The differentially corrected GPS (DGPS) positions shall be
transmitted via radio from each equipped vehicle to intersections along the approach route.
Three methods shall be available to determine DGPS vehicle position:
I) A stand -alone system approach, where each intersection serves as a DGPS reference station, thus
avoiding the need for a commercial DGPS service with recurring monthly costs.
2) A commercial DGPS system approach, where each vehicle receives differential GPS correction via radio
from a commercial DGPS service.
3) An integrated AVL system approach, where the preemption system uses the DGPS subsystem of an
Automatic Vehicle Location (AVL) system by Trimble Navigation Limited.
In the stand -alone DGPS system approach, each intersection shall be equipped with a GPS receiver. Each
intersection shall use its known, fixed position to serve as a GPS reference station and transmit differential GPS
correction to approaching vehicles using the two -way digital radio system that is also used for preemption. The
GPS receiver at the intersection shall self -survey its own position to an accuracy of 2 meters (6.6 feet).
Following receipt of differential corrections from the intersection, 95% of reported vehicle positions shall be
within 5 meters (16 feet) of true position.
In the commercial DGPS system approach, each vehicle shall be equipped with a DGPS receiver, which will
receive differential corrections via radio from a central GPS reference station. A GPS receiver shall then not be
required at each intersection. Using the commercial DGPS approach, 95% of reported vehicle positions shall be
within 10 meters (33 feet) of true position.
In the integrated AVL system approach, the preemption system shall use the DGPS subsystem of an Automatic
Vehicle Location (AVL) system by Trimble Navigation Limited. Each vehicle shall be equipped with a Trimble
Placer''' DGPS receiver, which must be equipped with a spare serial port that is available at all times for
commuiucations with the preemption processor in the vehicle.
It shall be possible to mix vehicles equipped for the stand -alone DGPS system approach, commercial DGPS
system approach, or integrated AVL system approach within the same city. This shall allow vehicles equipped
for any of the three DGPS system approaches to preempt the same intersections.
A minimum of four satellites in view shall be required for a complete three- dimensional position solution. In the
event that one of these four satellites is blocked, the GPS receiver shall hold the altitude and derive accurate
latitude and longitude from only three satellites. If the GPS receiver has less than three satellites in view, it shall
H: \CONTRACT \GPS.CTR 15
automatically go into a calculated dead - reckoning mode, where new positions are calculated based on prior
position, speed and direction of travel.
Vehicles equipped for the commercial DGPS system approach or integrated AVL system approach shall be
available with true dead - reckoning (DR) capability, which will allow the vehicles to accurately report their
position when satellite lock is lost, for instance in an urban canyon between high -rise buildings. Dead - reckoning
capability shall be based on an odometer sensor and a solid state gyroscope. The gyroscope position shall be
automatically updated by the GPS system.
8. AUTOMATIC VEHICLE LOCATION & COMPUTER AIDED DISPATCH
The preemption system shall be available with Automatic Vehicle Location (AVL) and Computer Aided
Dispatch (CAD) capabilities. The integrated preemption/AVL /CAD system shall be able to display vehicle
I.D. =s and vehicle positions in real -time on a high- resolution video monitor using a commercial map database.
It shall also provide software tools for automated dispatch. The AVL system shall be based on the Trimble
PlacerT'`' DGPS receiver and use the Trimble StarViewT' real -time map display, or equivalent.
It shall be possible to augment an existing AVL system by Trimble Navigation Limited with preemption
capability, with no need to duplicate the DGPS system that is already installed in the vehicles. Each vehicle must
be equipped with a Trimble Placer711 DGPS receiver, which has an available serial port for communications
with the preemption processor.
9. VEHICLE INSTALLATION & SETUP
County Fire Rescue shall be responsible for vehicle equipment installation, per adherence to all requirements
identified by Contractor. Installation and wiring of the preemption equipment in authorized Fire Rescue
vehicles shall be performed by Palm Beach County Fire Rescue authorized automotive technician(s). County
representative overseeing implementation of equipment shall be Henry Marshall, Fire Rescue Radio Shop
Supervisor, Fire Rescue Support Service(s), (561) 355 -2370.
Note: Contractor shall provide to County Fire Rescue Department a minimum of seven (7) well- illustrated users
manuals at no additional cost to the County.
Upon County's receipt of first shipment of vehicle equipment, examination and acceptance, Contractor and
County shall coordinate a timeframe of a minimum of three (3) days of onsite training and installation
assistance. Fire Rescue Liason/Coordinator shall be Randall K. Sheppard, Battalion Chief, Rescue Division,
(561) 233 -0130.
Set -up of the vehicle equipment for preemption shall be limited to entering the vehicle I.D. number and vehicle
class. This shall be accomplished by means of a PC- compatible computer. The vehicle equipment shall also
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be available preprograimmed by the Contractor based on information furnished by Fire Rescue, at no additional
cost to the County.
NOTE: Schedule of on site train ing/installation assistance for all Fire Rescue equipment shall be separate
from County Engineering/ Traffic Division scheduling for intersection installation.
Attached hereto is listing of:
Vehicle Identification(s), and description of Palm Beach County Fire Rescue authorized vehicles which
shall be programmed for Preemption Equipment installation.
Informational Purposes
Attached breakdown of Palm Beach Gardens Fire Rescue authorized vehicles, Vehicle I.D. numbers,
and their description are attached hereto, which will require vehicle preemption equipment.
Attached listing is provided from Delray Beach Fire Rescue Department and Boynton Beach Fire Rescue
Department. Neither department(s) at the present time are capable to implement the preemption system
as of yet.
Note: Contractor shall provide the same preemption system scope of services as provided to Palm Beach
County to any /all Palm Beach County municipalities that shall require Contractor's services, for the
acquisition /implementation/installation of required equipment. This will ensure interfacing capability
with Palm Beach County Fire Rescue System requirements /program.
It shall be the responsibility of EACH MUNICIPALITY, NOT UNDER PALM BEACH COUNTY FIRE
RESCUE, TO BEAR ALL COSTS FOR THEIR REQUIRED VEHICLE PREEMPTION
EQUIPMENT. EACH MUNICIPALITY SHALL COORDINATE THEIR
PURCHASING / DELIVERY /INSTALLATION REQUIREMENTS FOR THEIR MUNICIPALITY.
ALL PRICING FOR VEHICLE PREEMPTION EQUIPMENT AGREED UPON BY THE COUNTY
AND CONTRACTOR, SHALL BE PASSED ON TO EACH PALM BEACH COUNTY
MUNICIPALITY.
10. INTERSECTION INSTALLATION
Palm Beach County Engineering/Traffic Division shall be responsible for County intersection installation, per
adherence to all requirements identified by Contractor. Installation and wiring of the preemption and radio
equipment at the various intersections shall be performed by County Traffic Division authorized technician(s).
County representative overseeing implementation of equipment shall be Dan Weisberg, Assistant Director of
H: \CONTRACT \GPS.CTR 17
Traffic, (561) 684 -4031 and/or Mike Ehora, Superintendent, Traffic Operations, (561) 233 -3900. Dan Weisberg
shall be Engineering/Traffic Division liason for intersection installation, and shall be responsible for
coordinating/scheduling all timeframes for required assistance with Contractor.
Note: Contractor shall provide to County Engineering/Traffic Division a minimum of seven (7) well - illustrated
users manuals at no additional cost to the County.
Contractor shall provide at a minimum three (3) days of onsite training and installation assistance, upon Traffic
Division(s) delivery /inspection/acceptance of first shipment of equipment.
Traffic Division Liason shall coordinate with Randall K. Sheppard, Battalion Chief, any /all
overlapping /interfacing of equipment for intersection(s) /vehicle equipment.
NOTE: Contractor shall schedule training and installation for Traffic Division separate from Fire Rescue
scheduling.
The first step following installation of the intersection equipment shall be to perform setup using a laptop
computer. A unique I.D. number shall be entered for the intersection. Failure to enter this I.D. number shall
inhibit any radio communication with the intersection. If the intersection is to be used as a DGPS reference
station, the intersection shall be placed in a GPS self -survey mode so that it can determine its own latitude and
Ion-itude within 2 meter (6.6 feet) accuracy.
The second step shall be to make a setup run for each peremption approach to the intersection using a test
velucle equipment with preemption equipment and a laptop computer. A single test vehicle shall suffice to set
up all intersections. Trial nins by actual emergency vehicles shall not be required. During each setup run, the
computer shall automatically record the differentially - corrected PS position of points along the preemption
approach and display these in a graphical map format. Setup variables, such as ETA, minimum preempt
distances, hold for nest vehicle, etc., shall be recorded on the computer. The recorded data shall then be
uploaded via radio to the preemption equipment in the traffic signal controller cabinet.
11. Delivery of Equipment
It shall be noted that all preemption equipment to be installed in Fire Rescue vehicles, as identified by Contractor
and shall be delivered to: Support Services, 3323 Belvedere Road, Building 504, West Palm Beach, Florida,
with delivery timeframes coordinated with Henry Marshall, Support Services, (561) 355 -2370. Delivery
timeframe(s) for Fire Rescue are Monday through Friday, 8:00 A.M. through 4:00 P.M.
All preemption equipment requirements for implementation at various County intersections, to be installed by
County Engineering/Traffic Division, as identified by Contractor and shall be delivered to: Traffic Division,
3700 Belvedere Road, Building A, West Palm Beach, Florida with delivery timeframes coordinated with Jack
Whaley, (561) 6844031 and/or Mike Ehora, (561) 233 -3900. Delivery timefiames are Monday through Friday,
6:30 A.M. through 5:00 P.M.
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12.
All equipment shall be delivered as identified above FOB Destination points, and Contractor shall ensure that
County Liason, Randall K. Sheppard, Battalion Chief shall be kept apprised of all delivery time tables.
Number of IntersectionsNehicles
The following will identify estimated number of intersections and vehicles preemption equipment shall impact.
Depending on first year of program, and the addition of other municipal departments, these configuration(s) and
projections are subject to modification.
Palm Beach County Fire Rescue has identified the following estimated configuration of equipment that shall be
delivered as identified in Sections 9 & 10 of Specifications:
1998/1999
Number of Intersections
20
1999/2000
Number of Intersections
20
2000/2001
Number of Intersections
20
Number of Fire Rescue Vehicles
50
Number of Fire Rescue Vehicles
10
Number of Fire Rescue Vehicles
5
The following will identify the number of intersections, vehicles and additional equipment Municipal
Departments (other than as outlined under Palm Beach County) that will be implementing the pre - emption
system.
Contract Year
1998/1999
1999/2000
2000/2001
Number of Intersections
15
15
5
13. PALM BEACH COUNTY INTERSECTION(S)
Number of Vehicles
18
15
5
Palm Beach County Engineering, Traffic Division, shall be responsible for installation of equipment at
ALL INTERSECTIONS within Palm Beach County.
Exception: City of Boca Raton and Town of Palm Beach, Traffic Operations, shall be responsible for
their own installation of equipment at all intersections within their boundaries.
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14. WARRANTY & TRAINING
The preemption hardware shall be warranted by the manufacturer for a period of five (5) years from date of
installation/acceptance by the County against any defects due to components or workmanship.
The preemption software shall be warranted by the manufacturer for a period of five (5), years from date of
installation/acceptance. During this period, all software updates shall be at no charge to the County.
Following the five (5) year warranty period, hardware repair or replacement and software updates shall be
available on a predetermined fee basis from the manufacturer.
The following configurations of equipment/cost shall be delivered as identified in Sections 9 & 10 of
Specifications:
1998/1999
Number of Intersections Trimble Interface Unit Cost Each Intersection Total Cost
20 x $3,800.00 = $76,000.00
Number of Fire Rescue
Vehicles Unit Cost Each Vehicle
50 x $1,700.00 = $85,000.00
TOTAL $1611000.00
At the sole option of the County, the following additional egiupment maybe acquired as identified herein:
LiQntning Suppression(s)
for Radio(s) at Intersections
20 x
1999/2000
Number of Intersections
20 x
Number of Fire Rescue
Vehicles
10 x
Unit Cost
$75.00
TOTAL FOR 1998/99
Trimble Interface Unit Cost Each Intersection
$3,800.00 =
Unit Cost Each Vehicle
$1,700.00
TOTAL
H: \CONTRACT \GPS.CTR 20
Total Cost
$1,500.00
$162,500.00
Total Cost
$76,000.00
$17,000.00
$93,000.00
At die sole option of the County, the following additional egiupment maybe acquired as identified herein:
Ligntning Suppression(s)
for Radio(s) at Intersections Unit Cost Total Cost
20 x $75.00 $1,500.00
TOTAL FOR 1999/2000 $94,500.00
2000/2001
Number of Intersections Trimble Interface Unit Cost Each Intersection Total Cost
20 x $3,800.00 = $76,000.00
Number of Fire Rescue
Vehicles Unit Cost Each Vehicle
5 x $1,700.00 = $8,500.00
TOTAL $84,500.00
At the sole option of the County, the following additional egiupment maybe acquired as identified herein:
Ligntning Suppression(s)
for Radio(s) at Intersections Unit Cost Total Cost
20 x $75.00 $1.500.00
TOTAL FOR 2000/2001 $86,000.00
H: \CONTRACT \GPS.CTR 21
MIDWEST TRAFFIC PRODUCTS, INC.
1320 Entc(pnse Drive o Homeoville, IL 60446 USA o
Web Site: tttl ! /ml 630.226.1364 0
p p.gps.com o E -mail: sales @mlp•gps.cor,
LXI1 ] l) it
PJC" C ] o f 4
Fax 630.226 1436
Delivery Schedule of the Priori
t} Olzecj)St.1✓mergellcy
Vehicle Preemption System for the County of
Palm Beach
SchP_iitl -far 19U -1999
Twenty (20) intersection kits each consisting of:
1. One (1) intersection GPS antenna
2. Onc (1) intersection radio antctula Nv/ ground plane
3. All galvanized antenna mounting hardware, excluding banding materials
4. Two (2) BNC connectors
5. Two (2) TNIC connectors
6. Fifty (50) feet of GPS coaxial cable *'
7. Fifty (50) feet of radio coaxial cable"
S One (1) radio modem w/ AC transformer
9. One (1) RS232 cable
10. One (1) two slot preemption rack
11. One (1) Priority Onegps preemption module w/ soft.vare installed
12. Onc (1) AC power wiring harness
13. One (1) preemption cor.L-ol %vi.ring harness
Cost per kit 53,800.00
Total intersection l :it cost
Fifty (50) vehicle kits each consisting of:
1. One (1) vehicle GPS antenna
?.. Oac (1) vehicle radio antenna w" twenty feet of coaxial cable attached
3. Twenty (20) feet of GPS coaxial cable"
4. One (1) BNC connector
5. Two (2) TNC connectors
6. One (1) Priority Onegos vehicle preemption unit %,-/ radio and software ins'--lied
7. One (1) DC power wiring harness
°. One (1) twenty five foot 8 conductor cable v/ end connectors
9. One (1) six foot 6 conductor cable w/ end connectors
10. One (1) auxiliary vrirint; junction box
1 1. One (1) in -line power fuse connector �v/ 2A fuse
12. One (1) Type 3 remote operator control unit
13. Two (2) enclosure mounting straps
14. One (1) Priority Onegpsi Frimblct -: GPS interface eablr
Cost per Trimble integrated kic 51,700.00
Total vehicle cost
Total cost for 199Si1999
S76,000.00
SS5,000.00
S 161,000.00
Exhibit "B"
l'rtge 4 of 4
MIDWEST TRAFFIC PRODUCTS, INC.
1320 - Enterprise Drive o Romeoville, IL 60446 USA o 630.2261364 o Fax 630.226.1436
Web Site: hltp: / /rnip- gps.cont a E- rlail: sales @mtp- gps.com
At the sole option of the county, the followirs additional equipment may be acquired as identified herein:
1. One lightning suppression unit w/ connectors
Cost per unit 575.00
Total suppression cost C 115000
Total cost for 1999.'2000 586,000.00
'Coaxial Cable evil! be shipped in reels of One Ilundred (100) to Five Ilundred (500) foot, based on en avere "c
consumption of'Fwenty (20) feet per vehicle.
"Coaxial Cable wili be shipped in Five Hundred foot (500) reels based on an avcra -c consumption of Fifty (50)
feet per intersection.
Fifteen (15) copies of each type of manual to be delivered wits this contract.
Fifteen (15) copies of the Intersection MTPUTIL software to be delivered with this contract.
Fifteen (15) topics of the Vehicle MTPUTIL software to be delivered with this contract.
Exhibit "C"
Palm Beach County Fire - Rescue
Rescue Division
Inter - Office Memorandum
To: Freida Schiller, Contracts Coordinator
From: Randy K. Sheppard, Chief of Rescu 6-6�t,_K
Date: January 15, 1998
Re: Traffic Pre - Emption delivery schedule
Please include the below listed approximate delivery schedule with Midwest Traffic Products contract
for the traffic pre- emtion devices. This is the best estimate of times that can be developed, considering
the need to do some pilot testing with the new system and its ability to interface with Fire - Rescue's
existing AVL system.
Schedule for 1998 -99
Five (5) intersection Kits and Twenty (20) vehicle kits
Fifteen (15) intersection kits and thirty (30) vehicle kits:
To be delivered to Palm Beach
County Sixty (60) days after
Execution of contract.
To be delivered to Palm Beach
County One Hundred and Eighty
(180) days after execution of
contract.
Schedule for 1999 -00*
Ten'(10) intersection kits and ten (10) vehicle kits: To be delivered to Palm Beach
County within the first
Quarter of calendar year 1999.
Ten (10) intersection kits: To be delivered to Palm Beach
County within the Third Quarter
Of calendar year 1999.
Schedule for 2000 -01*
Twenty (20) intersection kits and Five (5) vehicle kits: To be delivered to Palm Beach
County within the second quarter
Of calendar year 2000.
Note: All deliveries shall be in accordance with Exhibit "A" and shall be coordinated by Palm
Beach County Fire Rescue's designee.
CITY OF PALM BEACH GARDENS
Agenda Item & Cover Memorandum
Date: March 28, 1998
Subject /Agenda Item: Award of contract /agreement with Occupational Health Center of Palm
Beach Gardens.
Recommendation /Motion: Resolution of Approval of the Agreement for services beginning on
July I, 1998, for a period of one year, and with a written thirty(30) day cancellation notice.
Reviewed By:
[ l Cite Attorney:
Originating Dept:
Human Resources
Cost: S
City Council's Action
[Approved
[
Current FY.
1XI Finance:
Amount within
I lApprovedw/
Budget.
Conditions
lXl ACM:
Funding Source:
[X} Human Res .
FY- 1997 -98.
l 1Denied
(Operating
l ]Continued To:
l } Other:
(Date)
(OTHER
Submitted By: James T.
Advertised:
Budget Acct. #
Attachments:r List h%
Waldron, / Director of H. R.
Paper:
letter or number,
[ l Required
01- 0300 -5 13.3120
Approved By:
Affected Parties:
(�
Date: "? �f `
I 1 Notified
[ l Not Required
BACKGROUND: The Occupational Health Center of Palm Beach Gardens is a one of a kind
vendor which provides pre- employment services to the City. Other vendors do not have the
necessary equipment or have not been able or willing to gear up and/or subcontract for the
equipment necessary to provide the type of pre medical and ongoing medical services required
for City Pre hire and ongoing medical maintenance of employee needs. Occupational Health
Center has also served as the Medical Review Officer for the City under our Drug Free Work
Place policy for over two years and will continue in that capacity for the City.
REQUEST:
1) Authorization by the City Manager of the Confidentiality Statement along with the Director
of Human Resources, followed by Approval by the City Council.
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL - PALM BEACH GARDENS. FLORIDA 334144698
TO: CITY COUNCIL
THRU: CITY MANAGER
FROM: JIM WALDRON4. R. DIRECTOR
DATE: 3/27/98
SUJB: Renewal of Contact with - OCCUPATIQNAL HEALTH CENTER pf Palm
Beach Gardens
Attached is a copy of the contract which, upon approval, renew the services of the above
company with the City of Palm Beach Gardens. Many current employees are aware of the
services of this vendor. Many have spoken of the excellent services rendered through pre-
employment physical for prospective employees of the City. Additionally this vendor has
provided request on dcmand gervices when called upon by the Human Resources Department
and the City's Fire Department.
Improvements which have been negotiated with this vendor since the last contract period are:
A revised Confidentiality Statement which designates the Human Resources
Director and the City Manager as the direct sources of confidential medical
information.
2. A revised emergency protocol for toxic exposure when employees are involved,
which has been worked out with the Fire Emergency Medical Division of the Fire
Department.
Improvements such as these enhance the services rendered to all employees.
I am requesting that the City Manager and City Council approve this contract and continue the
services of this vendor. The contract is presented with no increase in price structure, and
provides the same pre - screening and other options, with a few changes under optional laboratory
test.
Attachment(s):(1) Agreement, Starting Date of July 1, 1998;
(2) Fee Schedule rider;
(3) Confidentiality Form for Designated Signatures.
cc: OHC File
2) Signature of City Manager or Designee on Two(2), City Council Approved, copies certified
as Originals by the City Clerk.
3) Contact the Human Resources Department when complete for and additional Signatures and
Distribution.
4) Cost is an estimate based on a projection of previous years usage by the vendor. Prices were
verified by the Finance Department for consistency with previous agreement.
OCCUPATIONAL HEALTH CENTER Of The Gardens, Inc.
3345 Burns Road • Suite 102 • Palm Beach Gardens, Florida 33410 • Tel: (407) 694 -WORK (9675) • Fax: (407) 694.9264
May 1, 1998
Mr. James Waldron
Director, Human Resources
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Dear Mr. Waldron:
It's hard to believe that it has been two years since we last discussed your contract with
our facility. As requested by Maggie, I am enclosing a new contract to continue fore ONE-
years. Also enclosed is a new Confidentiality Statement for the reporting of drug screen
results, which should also be updated with the new contract.
We have not raised the fee for the physical examinations. There are a few changes under
optional laboratory tests. As we have been able to negotiate better prices, we have
passed them on to you. We have been happy to handle your workers' compensation
cases, and will continue to process them under the Florida Workers' Compensation Fee
Schedule.
Please review the enclosed and feel free to contact me any time to discuss. We have
thoroughly enjoyed working with your employees for the past several years, and value
your trust in allowing us to continue to provide you with the service you have come to
expect from Occupational Health Center of the Gardens, Inc.
Sincerely,
Dr. Carol A. ouss
Medical Direc or
cAohccon1doc
rev 6197
OCCUPATIONAL HEALTH CENTER Of The Gardens, Inc.
3345 Burns Road - Suite 102 • Palm Beach Gardens, Florida 33410 - Tel: (407) 694 -WORK (9675) - Fax: (407) 694 -9264
AGREEMENT
This Agreement commences on July 1, 1998 for a period of one year, is renewable
annually automatically, and may be cancelled with written notice 30 days prior to
expiration.
OCCUPATIONAL HEALTH CENTER of the GARDENS, INC., agrees to provide such
services as required by the state of Florida and Federal regulations. OCCUPATIONAL
HEALTH CENTER of the GARDENS, INC., will also provide, but is not limited to
providing pre - placement screening and physicals, annual examinations, Worker's
Compensation management and treatment. In addition, Dr. Carolyn A. Houss and Dr.
Mitchell L. Marks are available for telephone consultation concerning any company
related medical problems, and will make recommendations as may be necessary, relating
to the duties and the performance of employees.
CITY OF PALM BEACH GARDENS agrees to pay OCCUPATIONAL HEALTH CENTER
of the GARDENS INC., according to the attached Fee Schedule. Payment is due upon
receipt of invoice and is payable to OCCUPATIONAL HEALTH CENTER of the
GARDENS, INC.
Upon acceptance, kindly sign the enclosed copy of this Agreement and return the same to
OCCUPATIONAL HEALTH CENTER of the GARDENS, INC., for our files.
Your signature on the enclosed copy will indicate a binding agreement between CITY OF
PALM BEACH GARDENS and OCCUPATIONAL HEALTH CENTER of the GARDENS,
INC. 3345 BURNS ROAD, SUITE 102, PALM BEACH GARDENS, FL 33410
Date
Dr. Carolyn A. Houss, DO
Medical Director
Date
Bobbie Herakovich, City Mgr.
City of Palm Beach Gardens
rev 6197
CITY OF PALM BEACH GARDENS
FEE SCHEDULE
A. PHYSICAL EXAMINATIONS:
o Pre - Placement or Annual History and Physical $50.00
Includes Full History and Physical Examination:
Head, neck, face, scalp, nose, mouth and throat,
Eyes, ears, lungs and thorax, heart, abdomen,
Upper and lower extremities, feet and spine,
rectal and genital exam.
Also includes height weight, blood pressure,
respiration and temperature
B. Vision Screening INCLUDED
Includes : NO CHARGE
• Color Blindness Screening
• Snellen (far vision) Screening
C. Electrocardiogram (EKG) with interpretation $20.00
D. Tuberculosis Screen (PPD) $10.00
E. Laboratory Tests
• Urinalysis (dipstick)
$10.00
Includes color, appearance, pH, glucose, ketones,
blood, bilirubin, urobilinogen, nitrite, WBC, RBC,
epithelial cells, bacteria, leukocyte esterase
• Blood Chemistries (24 chemistries)
$10.00
Includes glucose, BUN, creatinine, cholesterol,
trigylcerides, calcium, phosphorous, sodium,
potassium, chloride, uric acid, total protein, total
bilirubin, alkaline phosphatase, lactic dehydrogenase
(LDH), SGOT, SGPT, globulin, A/G ratio, albumin,
HDL and LDL, cholesterol, GGT
• Complete Blood Count
$10.00
Includes platelet count
• TSH
INCLUDED
NO CHARGE
TOTAL PHYSICAL EXAMINATION
$110.00
mv &97
OPTIONAL TESTS
A.
B.
C
D.
E.
F.
CITY OF PALM BEACH GARDENS
FEE SCHEDULE
Chest X -Ray (PA & Lateral) $45.00
Baseline or when medically indicated in an occupational exposure
Spirometry (Pulmonary Function testing) $40.00
Baseline or upon specific occupational exposure
Stress Tests
Stress Test $110.00
Exercise Treadmill Stress Test $150.00
Spect Thallium Test $150.00
(used when exercise treadmill test is positive or abnormal)
Audiogram $20.00
Tonometry $20.00
Anthropometric (Body Fat) Measurements $10.00
OPTIONAL LABORATORY TESTS
A. Urine Drug Screening
rev 6/97
Collection & Medical Review Officer (MRO) Service
$40.00
B.
Alcohol Screening
Blood Alcohol Testing
$25.00
Breath Alcohol Testing
$30.00
C.
Blood Type /RH Titer
$20.00
D.
Serology (VDRL)
$10.00
E.
Blood Lead Level
$15.00
F.
HIV Screen
$35.00
Includes counseling as required by the State of Florida
rev 6/97
OPTIONAL LABORATORY TESTS (cont.)
G. Hepatitis Screening /Immunization
mv &97
Hepatitis A,B,C Screening
$60.00
Hepatitis B injection - series of 3
$60.00
Hepatitis B Antibody
$20.00
H.
Stool for Occult Blood (3 slides)
$15.00
I.
Tetanus /Diptheria Injection
$10.00
J.
Influenza Injection
$10.00
K.
RBC Cholinesterase
$30.00
L.
Urine Heavy Metals
$60.00
M.
Prostate Specific Antigen (PSA)
$20.00
N.
Rubella, Varicella, Rubeola
$60.00
mv &97
CONFIDENTIALITY STATEMENT
This agreement reflects the association of OCCUPATIONAL HEALTH CENTER of the
GARDENS, INC., (hereinafter referred to as "OHC" ) and CITY OF PALM BEACH
GARDENS.
To maintain confidentiality, OHC will correspond solely with CITY OF PALM BEACH
GARDENS, its designated representatives, identified by CITY OF PALM BEACH
GARDENS for the purpose of relaying drug testing results.
Please indicate on this form if you request positive results to be given to one individual
exclusively. Otherwise, the below individuals will be approved for communication of both
positive and negative results.
Signature
Print Name
Title
Signature
Print Name
Title
Telephone
Positive Negative
Please circle
Telephone
Positive Negative
Please circle
OHC will refuse to discuss results with any person other than the above designated
representatives.
rev 6/97
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MAY 21, 1998
The May 21, 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 CouncilChambers of the Municipal Complex located at 10500
North Military Trail, Palm Beach Gardens, Florida; and opened with
the Pledge of Allegiance to the Flag.
ROLL CALL The City Clerk called the roll and the following elected officials were
found to be in attendance: Mayor Joseph R. Russo, Vice Mayor
Lauren Furtado, Councilman Eric Jablin, Councilman David Clark,
and Councilman Carl Sabatello.
CITY MANAGER
REPORT New Police Officers Robin Pleasant, James Wilkerson, Mark Zakain,
Gerald Propst were sworn in by Police Chief Fitzgerald, and
introduced to each member of the City Council and to the City
Attorney, City Manager, Assistant City Manager, and Growth
Management Director. Mayor Russo expressed appreciation for the
new officers on behalf of the City.
Mayor Russo introduced Daniel Arnold of Troop 176 who was
working for his Citizen and Community Merit Badge.
City Manager Herakovich reported she had spoken with the County
Engineer, who had agreed to make the environmental study for Jog
Road south of Northlake Boulevard a priority. City Manager
Herakovich also reported the County Commission would hold a public
hearing on June 16 to consider the Congress Road extension north of
Northlake Boulevard, which staff would attend. The City Manager
reported continuing negotiations on the tennis complex, that recent
accomplishments by the neighborhood task force would be announced
in the next newsletter, explained that issues identified by the task force
would require City Council attention during the budget process, and
announced that Kent Olson, Finance Director, was present to respond
to questions regarding the City's audit. City Manager Herakovich
announced postponement of the workshop which was scheduled for
May 23, and announced a City Council meeting on May 28.
Finance Director Kent Olson provided a response to the questions
regarding the audit and explained budgeting and accounting
2
procedures for the municipal complex. Mayor Russo requested that
in the future the Finance Director sign off on any graphs that were
provided.
ITEMS BY MAYOR
AND COUNCIL
Vice Mayor Furtado Vice Mayor Furtado discussed the possibility of North County
municipalities working together to provide an indoor /outdoor
shooting range. City Manager Herakovich suggested this issue be
delayed until after the NAMAC communication system issue had been
resolved. Vice Mayor Furtado recommended that NAMAC look into
this issue since this would involve a two -year process. The City
Manager reported that the Sheriff's shooting range would be available
after Bonnette closed. Chief Fitzgerald agreed the communication
system was number one priority but recommended a North County
shooting range be the next consideration so that traveling long
distances for training could be eliminated. Vice Mayor Furtado
announced that the MPO would support the City in appealing to the
entities who governed how often the PGA Bridge opened to have the
openings placed on a schedule rather than on demand. Vice Mayor
Furtado reported Kim Glas had appeared before the ISTEA group on
behalf of the City to appeal for matching grant money for sidewalks,
and had been humiliated and told the City should bear the whole cost.
The Vice Mayor explained that the widening of Military Trail by the
County and State had created the need for alternate sidewalks, and the
MPO had now designated a special block of ISTEA funds for
programs created to accomplish special needs. An apology had been
made to Ms. Glas.
Chair Pro Tem Jablin Chair Pro Tem Jablin reported -he had pledged at a recent NAMAC
meeting that the City would do everything possible to make the 800
MHz grid system work, but did not pledge to erect a tower in the
City. Chair Pro Tem Jablin reported he had attended the Special
Olympics. Chair Pro Tem Jablin commented on the study of the water
cachment area and the feasibility of putting any road across it.
Mayor Russo Mayor Russo expressed concern over holding a special City Council
meeting for one item. Growth Management Director Manning
volunteered to look at the Golf Digest project to see if it could be
postponed another week and the May 28 meeting cancelled.
COMMENTS FROM
THE PUBLIC Sam Carsillo requested the City repair the rut at Holly Drive and
3
Riverside Drive, and lower the speed limit on Military Trail to 35
miles per hour. Mayor Russo reported the radar unit was effective in
keeping the speed to 45 mph. Mr. Carsillo recommended mailboxes
be placed on the houses along Military Trail, expressed concern that
a drain on Holly Drive was too low, and questioned the recent
overflow of Lake Catherine, to which the response was made that the
area at Holly Drive and Riverside Drive was to be repaired and the
gates at Lake Catherine had not been functioning properly, but had
since been repaired. Mr. Carsillo requested the City Manager make
sure Seacoast Utility had enough fuel to run generators to provide
water in the event of a hurricane. Mr. Carsillo discussed the need for
sidewalks in the City, and was advised a sidewalk program was
already in process. Mr. Carsillo commented on the necessity to stop
train whistles blowing at night. Mr. Carsillo requested information on
getting trees trimmed which were growing against power lines and
was advised to contact Florida Power & Light. Mr. Carsillo
recommended City personnel be properly trained to handle crime
scenes. Mr. Carsillo questioned the starting pay for staff positions, and
was advised to meet with the City Manager to learn the salary ranges.
Mike Martino expressed concern regarding the City audit in regard to
the budget which showed a deficit of $2 million. Mayor Russo
responded that Finance Director Olson had explained the audit
concerns earlier in the meeting. Mr. Olson responded to Mr.
Martino's concerns. Mr. Martino questioned funding for the tennis
courts, to which Mayor Russo responded the bond issue could not
legally include recreational facilities.
Sam Carsillo commented he would like to see vouchers,
disbursements of bills and the balance once a month of the $19.1
million in writing so the public could be shown how the money was
spent. Mr. Carsillo was advised that a copy of the budget was
produced every month and he could have a copy.
CONSENT AGENDA Vice Mayor Furtado made a motion, seconded by Councilman Clark,
to approve the Consent Agenda. The motion was unanimously carried
5 -0. The following items were approved on the Consent Agenda:
1. Minutes of 5/7/98 City Council Regular Meeting.
2. Resolution 41, 1998 - Consideration of Approval Providing
for an Amendment to Section III of the Palm Beach County
Law Enforcement Agencies Combine Operational Assistance
4
and Voluntary Cooperation Mutual Aid Agreement.
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.
RESOLUTIONS
Resolution 46, 1998 The City Council reviewed a Site Plan for the Construction of an
Office Building on 4.68 acres on Lots 10 and l 1 of South Park Center
within Northcorp Planned Community District.
Resolution 47, 1998 Councilman Clark made a motion to approve Resolution 47, 1998 -
Consideration of 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. Chair
Pro Tern Jablin seconded the motion, which carried by unanimous
vote of 5 -0.
ORDINANCES
Ordinance 6, 1998
Ordinance 11, 1998
Councilman Clark made a motion, seconded by Vice Mayor Furtado,
to place on first reading by title only, 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 Master; by Repealing Section 2 -186
Entitled "Definitions "; by Amending Section 2 -187 Entitled
"Jurisdictions "; 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". The motion carried by vote of 3 -2, with Mayor Russo
and Councilman Sabatello dissenting. The City Clerk read Ordinance
6, 1998, on first reading, by title only.
Councilman Clark made a motion, seconded by Chair Pro Tem Jablin,
to place on first reading by title only, Ordinance 11, 1998, providing
4
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. The motion carried by unanimous vote of 5 -0. The City Clerk
read Ordinance 11, 1998, on first reading, by title only.
Ordinance 12, 1998 The City Council considered Ordinance 12, 1998, 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, `/z 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. Following
presentations by staff and the petitioner, the following residents spoke:
CITY ATTORNEY
REPORT
ITEMS FOR
DISCUSSION
Interlocal Agreement
Mark Holmes, Lone Pine Road, presented a request from the Lone
Pine Road residents that the road issue be decided prior to
consideration of approval of the proposed development.
Carla Anchors, representing 133 Cabana Colony residents, discussed
traffic problems on Florida Boulevard, and expressed support for the
Lone Pine Road residents.
Cindy DeFilippo from County Commissioner Marcus' office clarified
that either the road could be closed or traffic calming devices installed
but both could not be done.
It was the consensus of the City Council to hold meetings regarding
resolution of the road issue as requested by Commissioner Marcus
and to delay placing Ordinance 12, 1998 on first reading.
City Attorney David Acton recommended the City accept the
proposed stipulation of settlement in the Ensinger case. Councilman
Clark made a motion to approve the proposed settlement; motion was
seconded by Chair Pro Tern Jablin, and carried by unanimous 5 -0
vote.
The City Council discussed an interlocal agreement with Palm Beach
County which provides provisions for enforcement of Ordinance 97-
56 within the City of Palm Beach Gardens. The City Manager was
requested to meet with Palm Beach County representatives to make
0
changes to the agreement.
Project Graduation City Manager Herakovich reported the City would honor requests
from the schools for donations.
Joint Meeting for
North -South Reliever It was reported that Riviera Beach staff had indicated they did not
wish to meet. Vice Mayor Furtado reported Riviera Beach
Commission members wanted to meet and would be requested to
inform their staff.
ADJOURNMENT There being no further business to discuss, upon motion by Chair Pro
Tern Eric Jablin, seconded by Councilman Clark, 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
June 1, 1998
RESOLUTION 40, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
PLAT OF A DEFINITIVE MAP OF THE RIGHT -OF -WAY OF
FAIRCHILD GARDENS AVENUE, GARDENS PARKWAY,
KYOTO GARDENS DRIVE, KEW GARDENS AVENUE, LAKE
VICTORIA GARDENS AVENUE AND RELATED
EASEMENTS; PROVIDING FOR AUTHORIZATION TO
EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Plat of a Definitive Map of the Right -of-
Way of Fairchild Gardens Avenue, Gardens Parkway, Kew Gardens Avenue, Kyoto Gardens
Drive, Lake Victoria Gardens Avenue and Related Easements,
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 Land
Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Plat of a Definitive Map of the Right -of -Way of Fairchild Gardens
Avenue, Gardens Parkway, Kyoto Gardens Avenue, Kew Gardens Avenue, Lake Victoria Gardens
Avenue and Related Easements, consisting of six (6) sheets dated March 1998, prepared by Mock
Roos and Associates, attached hereto as Exhibit "A ", is hereby approved.
Section . The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of such Plat.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY 1998.
JOSEPH RUSSO, MAYOR
Resolution 40, 1998
Page 2
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
�d 11:12
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
,Lbk(o CONSULTING ENGINEERS SURVEYORS & MAPPERS
MEMORANDUM
TO:
Greg Dunham
FROM:
Tammy Jacobs
DA'V'E:
rune 1, 1998
SUBJECT: Definitive Map of the Right -of -Way of Fairchild Gardens Avenue, Gardens
Parkway, Kew Gardens Avenue, Kyoto Gardens Drive and Lake Victoria
Gardens Avenue ( #84 -237)
Enclosed please find the original executed photo mylar plat prepared by Mock Roos A
Associates, Our Engineering and Survey Departments have reviewed and found satisfactory thll
technical aspects of the referenced plat in accordance with Chapter 177 Florida Statutes and thi:
City of Palm Beach Gardens. Therefore, we recommend City Council approval and recordatiot l
of the referenced plat.
TI
p:1pbgmcnw44•237.3
c: Jack Hanson
Kim Glas
Cindy Harvey ,
Mock Roos
POST OFFICE ROX 727 JUPITER, PLCRIgA 3346A.0727
2101UPITER LAKES ROLLEVARO, DUILDING 5000, SUITE 104 (561)746-924a FAX(561)746-0272
WEST PALM REACM JUPITER STUART FORT PIERCE OKEECMOQE
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Subject/Agenda Item:
Consideration of Second Reading /Adoption -
Meeting Date: June 4, 1998
Revised Policy for Concurrent
Applications for Development Orders.
Recommendation /Motion:
Staff recommends approval of a new policy regarding concurrent applications for
development orders. This policy is being incorporated into the Land Development
Regulations.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Attorney
Plann`in�g sio
Total
[ ] Approved
ACM
$ 0
[ ] Approved w/ conditions
`
Current FY
Other N/A
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: May 19, 1998
[ ] Operating
Paper: PB Post
[ ] Other N/A
Ordinance 7, 1998
Memo from Carole
Wallace -Post, Esq.
Resolution 148, 1996
Resolution 59, 1994
[ ] Not Required
Resolution 92, 1993
Submitted by:
GrOMh Mgt. Director
Affected parties
[ ] Notified
Budget Acct #:
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
The City Council initially approved a policy for concurrent applications for development
orders through the adoption of Revolution 92, 1993 which was subsequently amended by
Resolution 59, 1994 and Resolution 148, 1996. Resolution 148, 1996 set forth the
following policy: "No applications for site plan development orders shall be accepted or
processed by the Planning and Zoning Department concurrent with, or prior to the approval
of a comprehensive plan amendment, DRIs, PCDs, or PUDs, or amendments hereto."
Resolution 148 went on to state that City Council may accept and process a concurrent
Agenda Cover Memorandum Date: June 4, 1998
Page 2
application (as defined in the previous sentence) should the petitioner agree to "master
plan the property pursuant to a developer's agreement or via a unity of control document
such that the final master development plan for all properties proposed for development
shall be subject to the City Council's review and approval, based upon final action of the
Comprehensive Plan, DRI, PCD, PUD or amendment thereto."
Staff would like to recommend for Council consideration, repealing Resolution 148, 1996,
to allow for concurrent applications for development orders to be accepted, should they
meet proposed criteria. Per Council direction at the April Wh meeting, the policy has
been revised so that the City Council, based on the Growth Management
Department's recommendation, may approve or deny the acceptance and processing
site plan and PUD applications which have been submitted concurrent with an application
to amend the City's Comprehensive Plan, Land Development Regulations, a DRI, PCD or
PUD or amendments thereto when the following criteria are met:
(1) Proposed amendments to the Comprehensive Plan shall not create a use of land
which is incompatible with surrounding land uses both within and outside of the
City's municipal boundaries.
(2) No objection to proposed amendments to the Comprehensive Plan, has been raised
through the IPARC clearinghouse or Issues Forum relating to the petition. Should
an objection be filed, concurrent processing shall cease.
(3) No objection to the proposed DRI, PCD, Site Plan, or PUD has been raised by a
neighboring jurisdiction through the DRC process. Should an objection be filed,
concurrent processing shall cease.
(4) Proposed amendments to the Comprehensive Plan shall further the goals set forth
in "Our Vision - a Strategic Plan."
(5) As a condition of concurrent application approval, prior to site plan or PUD review,
proposed amendments to the Comprehensive Plan, a DRI, PCDs or PUDs must
meet either Level of Service Standards or have satisfied Concurrency.
Staff recommends that the majority of these determinations be confirmed by a
resolution on the Consent Agenda. This will streamline and expedite the
development review process, which is the intent of concurrent processing.
Agenda Cover Memorandum
Page 3
Date: June 4, 1998
Please note that the ordinance still provides a provision for a `concurrent processing
agreement' to be required, at the Council's discretion, if the City feels that there are
conditions or understandings that must be contained in a written agreement.
City Attorney, Carole Wallace Post, has recommended that the policy be codified in the
land development regulations rather than adopted by resolution. Ordinance 7, 1998 has
been prepared for your consideration.
G: \Long Range \concdev.st.wpd
April 13,1998
April 20, 1998
May 7, 1998
ORDINANCE 7, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, 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;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently
does not contain any provisions regulating the concurrent processing of development
petitions;
WHEREAS, the City Council adopted Resolution 92, 1993 which was subsequently
amended by Resolution 59, 1994 and by Resolution 148, 1996 which amended and
replaced Resolutions 92, 1993 and Resolution 59, 1994 and which set forth a policy
regarding concurrent processing of applications for development orders; and
WHEREAS, the City Council has determined that it is necessary to revise and codify
said policy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Resolution 92, 1993, Resolution 59, 1994 and Resolution 148, 1996
are hereby repealed.
SECTION 2. Section 118 -38 of the City's Code of Ordinances, entitled "Submission
of application ", is hereby amended by inserting the following provisions (added words
underlined; deleted words struck-):
(d) Concurrent processing. Where a proposed site plan /development order is
contingent upon approval of a comprehensive plan amendment (CPA), a development of
regional impact (DRI), a planned community district (PCD), a planned unit development
(PUD), or an amendment to any of the foregoing, for the subject site, the City shall not
accept or process the application for site plan review /development order prior to the final
approval and adoption of the CPA, the DRI, the PCD, the PUD, or the amendment to any
of the foregoing, subject to the following requirements:
1. The City may accept and process the application for site plan
review /development order concurrently with the application for CPA, DRI, PCD, PUD or
amendments thereto, whenthe City Council's, determines by resolution that the
following criteria are met:
a. If a CPA is proposed:
i) it shall not result in a land use which is incompatible with surrounding land uses,
including land uses within and outside the City's municipal boundaries;
ii) no objection has been raised through the Interlocal Plan Amendment Review
Committee (IPARC) Clearinghouse or Issues Forum; and
iii) the proposed CPA is consistent with and furthers the goals set forth in the City's
`vision' "Our Vision - A Strategic Plan" dated December 5, 1996.
b. If a request for DRI, PCD, or PUD, or an amendment thereto is proposed, no
objection has been raised through the Development Review Committee process by
a neighboring jurisdiction.
c. If a CPA, DRI, PCD, PUD, or amendment thereto is proposed, the plan must either
meet the level of services standards, or satisfy concurrency.
Ordinance 7, 1998
Page 2
2. If at anv time during concurrent processing, the applicant fails to satisfy any of
the aforementioned criteria, i.e. an objection is filed, then concurrent processing shall
immediately cease. The applicant is responsible to at all times meet the criteria required
for concurrent processing and bears all risks for failure of an application to proceed
accordingly.
3. At the City's discretion, an applicant may be required to enter into a Concurrent
Processing Agreement with the City. The agreement shall be submitted to the City for
review and approval and shall set forth any and all conditions for which the City deem.
necessary to insure master planning of the subject site by the applicant. To this end the
City may include reasonable restrictions or limitations on use of the subject site,
acceptance of which shall be a pre - requisite to an approval of concurrent processing.
Approval of agreements and amendments thereto by the City shall be by resolution
adopted by the City Council.
SECTION 3. The City Clerk is hereby directed to ensure that the contents of this
ordinance be codified as part of the City Code of Ordinances.
SECTION 4. Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to
be invalid, such declaration shall not affect the validity of the remainder of this ordinance,
but only that part declared to be invalid.
SECTION 5. All ordinances and resolutions of the City, or any part thereof, which
are in conflict with this ordinance are hereby repealed.
SECTION 6. This ordinance shall be effective upon adoption.
Ordinance 7, 1998
Page 3
PLACED ON FIRST READING THIS DAY OF
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
JOSEPH R. RUSSO, MAYOR
LAUREN FURTADO, VICE MAYOR
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCIL MEMBER JABLIN
COUNCIL MEMBER CLARK
COUNCIL MEMBER SABATELLO
Ordinance 7, 1998
Page 4
'1998.
1998.
ERIC JABLIN, COUNCIL MEMBER
DAVID CLARK, COUNCIL MEMBER
CARL SABATELLO, COUNCIL MEMBER
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
NOTICE OF PUBLIC HEARING
BY THE
CITY COUNCIL
CITY OF PALM BEACH GARDENS
STATE OF FLORIDA
PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida,
will on Thursday, June 4, 1998, at 7:30 p.m. o'clock, or as soon thereafter as can be heard, at the
Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida,
conduct a public hearing on and thereafter consider final reading of the following Ordinance:
ORDINANCE 7, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, 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; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
AND, PROVIDING FOR AN EFFECTIVE DATE.
All members of the public are requested to attend and participate in said meeting. Said
proposed Ordinance may be inspected by members of the public in the Office of the City Clerk
located at the Municipal Complex Building regular business hours, Monday through Friday, 8:00 a.m.
- 5:00 p.m., except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal
any decision made by the City Council, with respect to any matter considered at this hearing, such
interested person will need a record of the proceedings, and for such purpose may need to ensure a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
LINDA V. KOSIER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS
PLEASE PUBLISH: Tuesday, May 19, 1998
Palm Beach Post
RESOLUTION 148, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 92, 1993 AND 59, 1994 AS TO THE
PROCESSING OF CONCURRENT APPLICATIONS FOR
DEVELOPMENT ORDERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. Resolution 92, 1993 and Resolution 59, 1994 are hereby amended and replaced
with the following policy provisions: No applications for site plan development orders shall be
accepted or processed by the Planning and Zoning Department concurrent with, or prior to the
approval of a comprehensive plan amendment, DRIs, PCDs, or PUDs, or amendment hereto.
However, the City Council may accept and process an application for a site plan
development order which has been submitted concurrent with an application to amend the City's
Comprehensive Plan, a DRI, PCD, PUD or amendments thereto when the City Council
determines that concurrent review of the proposed site plan would still result in a comprehensively
planned project. In order to assure that the project will be comprehensively planned by the
petitioner(s), the petitioner(s) shall agree to master plan the property pursuant to a developer's
agreement or via a unity of control document such that the final master development plan for all
properties proposed for development shall be subject to the City Council's review and approval,
based upon final action of the Comprehensive Plan, DRI, PCD, PUD or amendment thereto.
Notwithstanding the aforementioned exception, concurrent review shall not be allowed
when: a new Development of Regional Impact (DRI) is being proposed; a change of uses within
a previously approved PCD has been requested; an issue has been raised through the IPARC
clearinghouse or Issues Forum relating to the petition; or a text change to the City's Land
` Development Regulations or Comprehensive Plan has been proposed by the City Council.
RESOLUTION 148, 1996
Page 2
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS "DAY OF OCTO R 1996.
i
JO/ _ RUSSO, MAYOR
G
ATTEST: APPROVED AS TO LEGAL FORM
T JNDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABT.TN
COUNCILMAN CLARK
- ._.THOMAS J. BAIRI3, CITY ATTORNEY
AYE NAY
v
RESOLUTION 59, 1994
A RESOLUTION OF THE CITY COUNCIL OF PALM BEACH GARDENS,
FLORIDA, AMENDING RESOLUTION 92, 1993 WHICH ESTABLISHED A
POLICY AS TO THE PROCESSING OF CONCURRENT APPLICATIONS FOR
APPROVAL OF A DRI, PCD OR PUD AND A DEVELOPMENT ORDER
PURSUANT TO SUCH AMENDMENT; AND, PROVIDING FOR REPEAL OF
ANY RESOLUTION OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. Resolution 92, 1993 is hereby amended to add the following language as
• new paragraph in 'Section 1': The City Manager may allow acceptance and processing of
• concurrent site development order upon receipt by the Planning and Zoning Department
of an application for Notice of Proposed Change (NOPQ when concurrently filed with the
Department of Community Affairs and Treasure Coast Regional Planning Council. In no
event shall the site development order approval be granted by the City Council until the
DRI amendment is approved by the Department of Community Affairs.
Section 2. All Resolutions, or parts thereof, in conflict herewith are hereby repealed.
$fiction 3. This Resolution shall be effective upon date of passage.
INTRODUCED, PASSED AND ADOPTED THIS THE AY OF JUNE, 1994.
CG:t�
`AVID CLARK, MAYOR
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE: AYE (STAY ABSENT
Mayor Clark ✓ _
Vice Mayor Monroe _.
Councilman Russo v _
Councilman Jablin _
Councilwoman Furtado _
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
PAUL R. GOLIS, ASSISTANT CITY ATTORNEY
i
August 2, 1993
RESOLUTION 92.1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ESTABLISHING A POLICY AS TO THE
PROCESSING OF CONCURRENT APPLICATIONS FOR APPROVAL OF
A DRI, PCD OR PUD AND A DEVELOPMENT ORDER THEREUNDER, OR
AN AMENDMENT TO A DRI, PCD OR PUD AND A DEVELOPMENT
ORDER PURSUANT TO SUCH AMENDMENT. AND, PROVIDING FOR
REPEAL OF ANY RESOLUTION OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA:
Section 1. No concurrent applications shall be accepted or processed by the Planning and
Zoning Department which requests approval of a DRI, PCD, or PUD, or an amendment thereto, with
a simultaneous site development order prior to final action thereon by the City Council.
However, when an application to amend an existing DRI, PCD or PUD is proposed and said
DRI, PCD for PUD is due to expire within ninety (90) days of date such application is filed, an
application to extend the time period of such development order shall be submitted and processed
concurrently.
Section 2. All Resolutions, or parts thereof. In conflict herewith are hereby repealed.
Section 3, This Resolution shall be effective upon date of passage.
INTRODUCED, PASSED AND ADOPTED THIS THE JLJ DAY OF S�PEM6ER, 1993.
JOSEPH R. RUSSO, MAYOR
BY: Linda Monroe, Vice Mayor
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
ZY� M Rief, Deputy City Clerk
VOTE: AYE NAY ABSENT
MAYOR RUSSO _ _ _✓
VICE MAYOR MONROE v
COUNCILMAN JABLIN e 7
COUNCILWOMAN FURTADO 71 _ APPROVED AS TO FOFt,1A
COUNCILMAN CLARK _ _ ARID ,,t Y
tX1YA7't17diN�'
y r Date Da9ee�
/ *& d pat Post -g• Fax Note 7671 From
4,
T CO
coloeoL Pfw" M n
nWNIA19 N Fax M
Fax M
C
M E M O R A N D U M
WATTERSON, HYLAND & KLETT, P.A.
To: Roxanne Manning
From: Carole Wallace Post <,
Subject: Concurrent Processing
File No: 319.056
Date: March 23, 1998
I am in receipt of the staff report and proposed resolution providing for
concurrent processing of certain applications. Rather than adopt a resolution as to the
city's policy on this matter, as had been done in the past, I suggest the policy be
codified in the city's code as part of the site plan approval regulations.
To accomplish this, we should amend sec. 118 -43, Site Plan Review, to include the
following provision:
(a) No concurrent processing. Where the proposed site plan is contingent upon
approval of a comprehensive plan amendment (CPA), a development of regional impact
(DRI), a planned community district (PCD), a planned unit development (PUD), or an
amendment to any of the foregoing, for the subject site, the City shall not accept or process
the application for site plan review /development order prior to the final approval and
adoption of the CPA, the DRI, the PCD, the PUD, or the amendment to any of the
foregoing.
(b) Exceptions. The City may accept and process the application for site plan
review /development order concurrently with the application for CPA, DRI, PCD, PUD or
amendments thereto, when, in the City's discretion, the following criteria are met:
1. If a CPA is proposed:
a) it shall not result in a land use which is incompatible with
surrounding land uses, including land uses within and without the
City's municipal boundaries;
b) no objection has been raised through the IPARC Clearinghouse
or Issues Forum; and
c) the proposed CPA is consistent with and furthers the goals set
forth in the City's vision plan "Our Vision -- a Strategic Plan" dated
Roxanne Manning
Page 2
March 23, 1998
2. If a request for DRI, PCD or PUD, or an amendment thereto is proposed, no
objection has been raised through the DRC process by a neighboring
jurisdiction.
3. If a CPA, DRI, PCD or PUD, is proposed, the proposed plan must either
a) meet the level of service standards, or b) satisfy concurrency.
(c) If at any time during concurrent processing, the applicant fails to satisfy the
aforementioned criteria, i.e. an objection is filed, then concurrent processing shall
immediately cease. The applicant is responsible to at all times meet the criteria required
for concurrent processing and bears all risks for failure of an application to proceed
accordingly.
I believe this format is more clear as to the process, the requirements and the risks.
The preceding resolutions were not very effective in this regard and their format should be
superseded.
Additional issues to consider include: (a) the LOS /concurrency requirement, is it only
as to traffic, is it as to all LOS /concurrency requirements? it is unclear what is intended; (b)
concurrent processing will cease if objections are raised by neighbors in DRC process and
IPARC clearinghouse. Are those the only times concurrency will cease? Are there are
concerns the city should build in to protect itself?
I look forward to discussing this with your further.
P: \CP \H ISTORY\1093 \78. DOC(319.056)
I y%
RESOLUTION 50, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM REACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION
OF A MINI- STORAGE FACILITY ON 3 ACRES ON LOT 13
OF SOUTH PARK CENTER WITHIN NORTHCORP
PLANNED COMMUNITY DISTRICT; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER
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 80,600 square -feet of storage facility on 3 +/- acres on
lot 13 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'80,600 square -feet of a storage facility on 3 +/- acres on lot 13 of South Park
Center, within the Northcorp Planned Community District,
Section , Construction of said development shall be in accordance with following plans on
file with the City's Growth Management Department:
1. March 11, 1998, Site Plan, Jeff H. Iravani, INC., 1 Sheet.
2. May 6, 1998, Landscape Plan, David W. Lockmiller, 1 Sheet.
3. May 4, 1998_ Building Elevations, The Sun Group INC., Sheet A -l.
4. April 22, 1998, Sections and Details, The Sun Group INC., Sheet A -2.
5. April 22, 1998, Roof Plan, The Sun Group INC., Sheet A -3.
6. May 14, 1998, Exterior Colors by The Sun Group Architects and Contractors.
Section �_. The following waiver is hereby granted with this approval:
�ectil 5 Minim um side setback requirement for Ground Signs7- . S �6(c).
Section 4. Said site plan approval shall comply with the applicable conditions of Ordinance
1, 1990 and the following conditions:
Prior to the issuance of the first Certificate of Occupancy, the contract shall be let for the
fiurther construction of East Park Drive as a two -lane road from RCA Boulevard south to
the common boundary between NorthCorp Center and SouthPark Center, meeting the
alignment of the presently paved portion of East Park Drive which extends from the
aforesaid common boundary south to Burns Road, such contract to provide (a) that such
further construction of East Palm Drive shall be completed and the road shall be submitted
to the City within one _year from the date that such contract is let, and (b) that any
amendment of such contract concerning the date of completion requires the approval of
the City, through resolution adopted by the City Council, in order to become effective.
?. Outdoor storage, and outdoor manufacture, assembly, repair, or other work, shall not be
allowed on site.
3. Buildings and the site shall be used for interior storage only and the developer shall not
sell, rent or allow the outside storage of vehicles, including watercraft.
4. Prior to the issuance of the first Building Permit, a site lighting plan showing the
photometric levels satisfying the requirements of LDR Section 118 -474 shall be submitted.
i. Prior to the issuance of the first Certificate of Occupancy, the traffic signal at the
intersection of Burns Road and Riverside Drive/West Park Drive shall be fully operational,
Resolution 50 , 1998
Page 2
if warranted.
6. Prior to the issuance of the first Building Permit, the applicant will need to enter into an
written agreement with the City whereby:
a) The applicant agrees to maintain the landscaping within the 50 -toot drainage easement
in perpetuity.
b) The applicant agrees to replace and /or relocate landscaping, at the applicant's expense,
if the City ever requires a storm drain system within the 50 -foot drainage easement in the
luture. Landscaping plans will need to be submitted to the City for review and approval
prior to replacing and /or relocating landscaping.
7. -File City Forester and Landscape Architect of Record shall be involved in all aspects of
the Oak tree relocation process, including but not limited to the root and canopy pruning,
placement, and irri <gation of said trees.
R. The following mitigation plan shall apply if any protected (existing or relocated) tree dies
due to construction practices or relocation work
a) if one or two protected trees die, the tree replacement of three caliper inches for ever,/
one lost shall apply. The petitioner shall replace the dead tree with a minimum 20' tall
Live Oak tree in the same location. The remaining trees shall be located on site to the
satisfaction of the Landscape Architect of Record and the City Forester. If the site can
not support a portion of the mitigation, the petitioner shall donate (delivered and planted)
the remaining trees to the City.
b) If more than two protected trees die, the petitioner shall return to City Council for
Resolution 50 , 1998
Page 3
tiirther review of the landscape plan, and for any further need for mitigation.
9. Concrete tilled steel bollards be provided east of building A at each air conditioner unit.
Section 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF, 1998.
:ATTEST:
LINDA V. KOSIER
13Y.
VOTE
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
,.bk
planning: \shortr -1 \sp9720.re
Resolution _50.1998
Page 4
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: June 4, 1998
Subject/Agenda Item
Consideration of approval for petition SP- 97 -20, a request by George T. Kelly, owner, for site plan
approval of a mini - storage facility consisting of four (4) buildings totaling 80,600 square feet. The
3 -acre site is located on lot 13 of the South Park Center within Northcorp Planned Community
District (PCD). (7- 42S -43E)
Recommendation /Motion:
Staff recommends that Resolution , 1998 be approved with conditions.
Reviewed by
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ]
Finance NA
$
[ ] Approved vaconitons
ACM
Current FY
[ ] Denied
Human Res. NA
Other NA
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date:
[ ] Operating
Paper:
[ x ] Not Required
[ ] Other
Resolution 21, 1998
I
Submitted by:
Growth Management
Affected parties
Budget Acct. #::
D!rector
( ] Notified
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
Lot 13, South Park Center is located within Northcorp Planned Community District. The Northcorp
PCD is bounded to the north by RCA Boulevard, to the south by Burns Road to the east by FEC
Railway and to the west by Interstate 95.
On September 21, 1989, City Council approved the plats for "The Northcorp Center' and "The
RCA Boulevard Center' by Resolution 82, 1989 and Resolution 83, 1989, respectively. On
January 18, 1990, City Council approved the plat known as "West Park Center' by Resolution 1,
1990 and the plat known as "South Park Center' by Resolution 2, 1990. Also on January 18,
1990, Ordinance 1, 1990 was adopted by the City Council approving the Northcorp Planned
Community District (see attached).
PROPOSED BUILDING:
The petitioner is proposing a self storage facility consisting of four buildings totaling 80,600 square
feet on lot 13, within the South Park Center of Northcorp Planned Community District. It should
be noted that originally the plan proposed a total of 81,852 square feet. Due to the discovery of
a 50 -foot drainage easement that was not shown on the survey, the petitioner had to reduce the
size of the buildings to resolve the conflict between the buildings and the drainage easement.
The site plan proposes a 66,300- square foot, three -story building with a maximum height of 45-
feet; a 3,600 square foot, one story building with a maximum height of 15 -feet, a 3,000 square foot
one story building with a maximum height of 15 -feet and an 7,700- square foot, one story building
with a maximum height of 12 feet. The building materials are stucco with a cast stone base and
the proposed colors will be presented to the committee at the meeting.
ACCESS and SIGNAGE:
Access to the site will be from East Park Drive. A project identification sign has been proposed
at the entrance to the site. Building Official Jack Hanson has reviewed the plans and has
indicated that the sign must be brought further to the south in order to comply with the 50' side
yard setback. The petitioner has requested a waiver of the sign side setback requirement.
Building Official Jack Hanson has no objections to the request for a waiver of setback requirement
for ground signs.
At its April 28, 1998 meeting, the Site Plan and Appearance Review Committee voted 5 -2 to
recommend approval of petition SP -97 -20 with the following conditions:
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 otherwise resolved.
2. Outdoor storage or outside work shall not be allowed on site
3. Buildings and the site shall be used for interior storage only and the developer shall not
sell, rent or allow the outside storage of vehicles, including watercraft.
4. The approval of this petition is contingent upon the approval of a waiver of the sign side
setback requirement of Section 110 -36 (c).
5. Prior to the scheduling for a City Council meeting, the following data of the Traffic
Impact Report needs to be revised:
a. RCA -1 is vacant and should not be in the analysis.
7
b. SPC -1 with 121,229 square feet should be WPC -1.
c. The church is no longer part of the development.
6. Prior to the issuance of the first Building Permit, a site lighting plan showing the
photometric levels satisfying the requirements of LDR Section 118 -474 shall be
submitted.
7. Prior to the issuance of any Certificates of Occupancy for any land uses in
undeveloped lots of the PLAT OF SOUTH PARK CENTER, the traffic signal at the
intersection of Burns Road and Riverside Drive /West Park Drive shall be fully
operational, if warranted.
8. Prior to the issuance of the first Building Permit, the applicant will need to enter into an
agreement with the City whereby:
a) The applicant agrees to maintain the landscaping within the 50 -foot drainage
easement in perpetuity.
b) The applicant agrees to replace and/or relocate landscaping, at the applicant's
expense, if the City ever requires a storm drain system within the 50 -foot drainage
easement in the future. Landscaping plans will need to be submitted to the City for
review and approval prior to replacing and /or relocating landscaping.
9. The City Forester and Landscape Architect of Record shall be involved in all aspects of
the Oak tree relocation process, including but not limited to the root and canopy
pruning, placement, and irrigation of said trees.
10. The following mitigation plan shall apply if any protected (existing or relocated) tree dies
due to construction practices or relocation work
a) If one or two protected trees die, the tree replacement of three caliper inches for
every one lost shall apply. The petitioner shall replace the dead tree with a minimum
20' tall Live Oak tree in the same location. The remaining trees shall be located on site
to the satisfaction of the Landscape Architect of Record and the City Forester. If the
site can not support a portion of the mitigation, the petitioner shall donate (delivered
and planted) the remaining trees to the City.
b) If more than two protected trees die, the petitioner shall return to City Council for
further review of the landscape plan, and for any further need for mitigation.
11. The decorative light fixtures shall be provided on the stucco joints at the towers facing
the public right -of -way, of the same color and size to be approved by staff.
12. The 48" and the 24" Wax Myrtles located within the 50' drainage easement shall be
relocated about 30' to the south and be doubled in quantity and size.
13. The Coco Plum hedge be moved up the base of the building where it runs along
building D.
14. Concrete filled steel bollards be provided east of building A at each air conditioner unit.
It should be noted that the petitioner has addressed conditions 5, 11, 12, and 13.
11
RESOLUTION 50, 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 A MINI- STORAGE FACILITY ON 3 ACRES ON LOT 13
OF SOUTH PARK CENTER WITHIN NORTHCORP
PLANNED COMMUNITY DISTRICT; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER
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 80,600 square -feet of storage facility on 3 +/- acres on
lot 13 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 80,600 square -feet of office building on 3 +/- acres on lot 13 of South Park
Center, within the Northcorp Planned Community District,
Section 21 Construction of said development shall be in accordance with following plans on
file with the C'itv's Growth Management Departinent:
1. March 11, 1998, Site Plan, Jeff H. Iravani, INC., 1 Sheet.
2. May 6, 1998, Landscape Plan, David W. Lockmiller, 1 Sheet.
3. May 4, 1998, Building Elevations, The Sun Group INC.. Sheet A -1.
4. April 22, 1998, Sections and Details, The Sun Group INC., Sheet A -2.
5. April 22, 1998, Roof Plan, The Sun Group INC., Sheet A -3.
6. May 14, 1998, Exterior Colors by The Sun Group Architects and Contractors.
Section _3, The following waiver is hereby granted with this approval:
Minimum side setback requirement for Ground Signs - Section 110- 36(c).
Secticm4_ Said site plan approval shall comply with the applicable conditions of Ordinance
1, 1990 and the following conditions:
I . 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 otherwise resolved.
2. Outdoor storage or outside work shall not be allowed on site.
3 Buildings and the site shall be used for interior storage only and the developer shall not
sell, rent or allow the outside storage of vehicles, including watercraft.
4. Prior to the issuance of the first Building Permit, a site lighting plan showing the
photometric levels satisfying the requirements of LDR Section 118-474 shall be submitted.
�. Prior to the issuance of the Certificates of Occupancy, the traffic signal at the intersection
of Burns Road and Riverside Drive /West Park Drive shall be fully operational, if
warranted.
6. Prior to the issuance of the first Building Permit, the applicant will need to enter into an
a-reement with the City whereby:
a) The applicant agrees to maintain the landscaping within the 50 -foot drainage easement
in perpeturty.
b) The applicant agrees to replace and /or relocate landscaping, at the applicant's expense,
Resolution 50 , 1998
Page 2
it the City ever requires a storm drain system within the 50 -toot drainage easement in the
t- uture. Landscaping plans will need to be submitted to the City for review and approval
prior to replacing and /or relocating landscaping.
7. The City Forester and Landscape Architect of Record shall be involved in all aspects of
the Oak tree relocation process, including but not limited to the root and canopy pruning,
placement. and irrigation of said trees.
8. The following mitigation plan shall apply if any protected (existing or relocated) tree dies
due to construction practices or relocation work
a) If one or two protected trees die, the tree replacement of three caliper inches for every
one lost shall apply. The petitioner shall replace the dead tree with a minimum 20' tall
Live Oak tree in the same location. The remaining trees shall be located on site to the
satisfaction of the Landscape Architect of Record and the City Forester. If the site can
not support a portion of the mitigation, the petitioner shall donate (delivered and planted)
the remaining trees to the City.
b) If more than two protected trees die, the petitioner shall return to City Council for
further review of the landscape plan, and for any further need for mitigation.
9. Concrete tilled steel bollards be provided east of building A at each air conditioner unit.
Section 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF, 1998.
JOSEPH RUSSO, MAYOR
Resolution 50 , 1998
Page 3
,vi -TEST:
LINDA V. KOSIFR
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
\bk
planning: \shortr -- I \sp9720. re
Resolution 50, 1998
Page 4
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
f
LINDAHL, BROWNING, FERRARI & HELLSTRO.M, INC.
CONSULTING ENGINEERS. SURNE'iORS 3 IVAPPESS
MEMORANDUM
TO:
Marty Minor
FROM:
Tammy Jacobs
DATE:
May 11, 1998
n
SUBJECT: Burns Road Self Storage — Lot 13, South Park Center (98-0039)
We have reviewed the revised Site Plan and Traffic Impact Report prepared by Jeff H. Iravani,
Inc. received April 29, 1998 and May 6, 1998 respectively and revised Landscape Plan prepared
by David W. Lockmiller received May 7, 1998. We offer the following comments:
l) Conditionally Satisfied, Prior to construction plan approval the applicant will need to
provide a site lighting plan showing the photometric levels satisfying the requirements of
LDR Section 118 -474,
2) Previously Satisfied.
3) Previously Satisfied.
4) Previously Satisfied,
S) Previously Satisfied.
6) Previously Satisfied.
7) Previously Satisfied.
8) Satisfied. The Traffic Impact Report has been revised to the satisfaction of Yvonne Ziel,
City Traffic Consultant-
9) Previously Satisfied.
10) Previously Satisfied
11) Previously Satisfied.
POST OFFICE ROX 727 A:PIT£R. FLORIDA 314h5-0727
110 JUPITER LAKES FIGUI.fVARD BUILCING 5000. SUITF 104 (5611 74h•S3:48 r�A:X iS6I 1 745 -t)2N
W£ST PALM BEACH 1UPITER STUART F 0 9 T FIERCE OKEECHOBEE
1561,aSD "2 _E+ ;_-i ?-PIT= 35D 13:31
12) Conditionally Satisfied. Northcorp Development, Inc. has posted surety for the
installation of a traffic signal at the Burns Road and Riverside Drive/West Park Drive
intersection satisfying a portion of Resolution 2, 1990, Section 2, Number 2(c). Prior to
the issuance of any certificates of occupancy for any land uses in undeveloped lots of the
PLAT OF SOUTH PARK CENTER the traffic signal at the intersection of Burns Road
and Riverside Drive/West Park Drive shall be fully operational, if warranted. Currently,
Palm Beach County Traffic Division is reviewing the traffic warrant analysis prepared by
Yvonne Ziel.
13) Conditionally Satisfied. The 50 -foot drainage easement granted to the City of Palm
Beach Gardens has been added to the drawings. Prior to the issuance of the first building
permit, the applicant will need to enter into an agreement with the City whereby:
a) The applicant agrees to maintain the landscaping within the 50 -foot drainage easement
in perpetuity.
b) The applicant agrees to replace and/or relocate landscaping, at the applicant's expense,
if the City ever requires a stone drain system within the 50 -foot drainage easement in
the future. Landscaping plans will need to be submitted to the City for review and
approval prior to replacing and/or relocating landscaping.
14) Previously Satisfied.
We have no further engineering concerns and are able to recommend site plan approval with the
above listed conditions.
TJ
"BCM6m0W038g d=
c: Greg Dunham
Roxanne' Manning
v
May 11, 1998
ORDINANCE 11 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING SECTION
34 -56, ENTITLED "GENERAL PROHIBITION," OF ARTICLE I11,
ENTITLED NOISE," OF CHAPTER 34, ENTITLED
"ENVIRONMENT," OF THE PALM BEACH GARDENS CODE
Ol� ORDINANCES, PROVIDING FOR REPEAL OF
ORDINANCES AND RESOLUTIONS IN CONFLICT,
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to amend the section of the Code of Ordinances
regardin- the emission of noise due to the maintenance of a golf course.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Section 34-56-entitled "General prohibition," of Article III, entitled "Noise,"
of Chapter 34, entitled "Environment," of the Palm Beach Gardens Code of Ordinances is hereby
amended by inserting before the existing text the subsection designation "(a)" and by adding a new
subsection (b)" which shall read as follows:
"All lawnmowers, lawn equipment, and related machinery operated on a golf course
or in conjunction with the maintenance of a golf course shall be exempt from the
provisions of this section."
Section ?_ All ordinances and resolutions of the City, or any parts thereof, which are in
conflict with this ordinance are hereby repealed.
Section 3. Should any section or provision of this ordinance, or any provision, paragraph,
sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not atlect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
SECTION_ 4. The City Clerk is hereby directed to ensure that the contents of this ordinance
be codified as part of the City Code of Ordinances.
SECTION_. This ordinance shall be effiective upon adoption.
PLACED ON FIRST READING THIS DAN' OF 1998.
PLACE[-) ON SECOND READING THIS _ DAY OF _ _ _ 1998.
PASSED AND .ADOPTED THIS DAY OF 1998.
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN CARL SABATELLO
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
.,XTTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER. CMC, CITY CLERK SUFFICIENCY.
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
CITY ATTORNEY
AYE NAY ABSENT
Ordinance 13, 1998
Page 2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: June 4, 1998
Subject/Agenda Item
Workshop /First Reading for Ordinance , 1998: A text amendment to City Code of Ordinance
regarding the regulation of the emission of noise and the exemption for golf maintenance
equipment by amending Section 34 -56, "Noise."
Recommendation /Motion:
It is recommended that Ordinance , 1998 be approved on first reading.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney
Growth Management
Total
[ J Approved first
Finance NA
reading -
ACM
$
( ] Approved w /conditions
Current FY
Human Res. NA
[ J Denied
Other NA
Advertised:
Funding Source:
( ] Continued to:
Date:
[ J Operating
Attachments:
Paper:
[ ] Not Required
[ J Other
Ordinance , 1997
I
Submitted by:
Growth Management
Affected parties
Budget Acct. #::
Director
[ ] Notified
[ ) None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
Section 34 -56, entitled "Noise," of the City's Code of Ordinances states:
"It shall be unlawful for any person to operate, play, or cause to be operated
and played within that portion of the city which has been zoned and
designated as business property or business section of the city between the
hours of 11:00 p.m. and 7:00 a.m. or within that section or those sections of
the city which have been zoned and designated as residential districts,
between the hours of 10:00 p.m. and 8:00 a. m. on weekdays and between
the hours of 10:00 p.m. on Saturday and 12 :00 noon on Sundays, any radio,
phonograph, television, appliances, lawnmowers, or any machine,
instrument, appliance, or a boat which makes music or noise, in a manner
Page 2
that the music or noise produced by the same may be heard at a greater
distance than 25 feet therefrom."
This ordinance has proved effective regarding the maintenance of quiet in the community
during the late night and early morning hours within the City.
However, there has been conflict regarding the use of lawnmowers and other golf course
maintenance equipment in the golf courses in the City. Several residents who live
adjacent to golf courses in the PGA National and Ballenlsles Planned Community Districts
have complained about the sound of lawnmowers prior to 8:00 A.M. The operators of
those golf courses have indicated that golf course maintenance is needed to occur in the
early morning hours prior to tee times in order to avoid conflicts with golfers.
Staff recognizes the need for the morning maintenance of the golf course and is proposing
to exempt lawnmowers and golf maintenance equipment associated with the operation of
a golf course from the City's noise ordinance. The proposed amendment to the City noise
ordinance is as follows:
"All lawnmowers, lawn equipment, and related machinery operated on a golf
course or in conjunction with the maintenance of a golf course shall be
exempt from the provision of this section."
May 11, 1998
ORDINANCE , 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING SECTION
34 -56, ENTITLED "GENERAL PROHIBITION," OF ARTICLE 111,
ENTITLED "NOISE," OF CHAPTER 34, ENTITLED
"ENVIRONMENT," OF THE PALM BEACH GARDENS CODE
OF ORDINANCES; PROVIDING FOR REPEAL OF
ORDINANCES AND RESOLUTIONS IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to amend the section of the Code of Ordinances
reuarding the emission of noise in proximity of golf course.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section L_ Section 34-56-entitled "General prohibition," of Article Ill, entitled "Noise,"
of Chapter 34, entitled "Environment," of the Palm Beach Gardens Code of Ordinances is hereby
amended by insertin before the existing text the subsection designation '`(a)" and by adding a new
Z.
subsection "(b)" which shall read as follows.
"All lawnmowers, lawn equipment, and related machinery operated on a golf course
or in conjunction with the maintenance of a golf course shall be exempt from the
provision of this section."
Section ?. All ordinances and resolutions of the City, or any parts thereof, which are in
conflict with this ordinance are hereby repealed.
Section 3. Should any section or provision of this ordinance, or any provision, paragraph,
sentence, or word. thereof, be declared by a sport of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
SIC'TIUN -T. The City Clerk is hereby directed to ensure that the contents of this ordinance
he codified as part ofthe City Code of Ordinances.
SECTION_s, This ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF _ 1998.
Pl —ACED ON SECOND READING THIS _ DAY OF _ 1998.
PASSED AND ADOPTED THIS _ DAY OF 1998.
MAYOR JOSEPI I R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN CARL SABATELLO
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
.,-\T 'F 1. ST APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
CITY ATTORNEY
AYE NAY ABSENT