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Home My WebLink AboutAgenda Council Agenda 120309 CITY OF PALM BEACH GARDENS 60o Ni Beach Gs 'lorr. COUNCIL AGENDA December 3,2009 I 7:00 P.M. r , 1 Mayor Russo Vice Mayor Levy 5©th Anniversary Council Member Jablin Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS,DELETIONS,MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: a. (Page 4)Residential Beautification Award b. Benjamin Varsity Golf Team— State Champions c. Certificate of Achievement to David Thomas Fenton for attaining the rank of Eagle Scout. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5)Approve minutes from November 5, 2009 b. (Page 11)Approve minutes from November 12, 2009 c. (Staff Report on Page 13, Resolution on Page 15) Resolution 104, 2009 - Agreement with Palm Beach Community College. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Palm Beach Community College providing for the education and training of students in the Paramedic and EMT programs; providing an effective date; and for other purposes. d. (Staff Report on Page 21, Resolution on Page 23) Resolution 109, 2009 — Allamanda School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Allamanda Elementary Plat; providing an effective date; and for other purposes. e. (Staff Report on Page 28, Resolution on Page 30) Resolution 112, 2009 - First amendment to the Interlocal Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the first amendment to an Interlocal Agreement between the City of Palm Beach Gardens and the School District of Palm Beach County for mutual use of recreational facilities at schools located within the City of Palm Beach Gardens; providing an effective date; and for other purposes. f. (Page 63)Proclamation- Florida Government Communicators Association IX. PUBLIC HEARINGS: Part I— Quasi-iudicial a. (Staff Report on Page 64, Ordinance on Page 73, Resolution on Page 76) Ordinance 32, 2009 — (2nd reading an adoption) Temple Beth David. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the expansion of the Temple Beth David, located on Hood Road approximately 600 feet West of Military Trail, at 4657 Hood Road; amending Ordinance 29, 2001, which approved the Temple Beth David Conditional Use. In order to transfer and amend the Conditional Use and site plan approval and related conditions to a separate Resolution; providing that future amendments to the Conditional Use may be made by Resolution of the City Council; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Resolution 84, 2009 is a companion item to Ordinance 32,2009 and will require Council action. Resolution 84, 2009 - Temple Beth David. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Temple Beth David Conditional Use and site plan to allow a 1,800-square-foot expansion, as described more particularly herein; providing conditions of approval; providing an effective date; and for other purposes. Part II—Non-Quasi-iudicial a. (Staff Report on Page 87, Ordinance on Page 92) Ordinance 29, 2009 — (1st reading) Permanent and temporary banner criteria. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development by repealing Subsection 78-284(h)(2) and readopting same as revised and adopting new Subsection 78-284(i); further amending Chapter 78 by amending Table 24 permanent signs of Section 78-285 Permitted Signs in order to revise and clarify the criteria regulating permanent banners; further amending Chapter 78 by adopting new Section 78-292 pole-mounted banner criteria.; further amending Chapter 78 at Section 78-751 definitions to provide definitions for "Sign, Pole- Mounted Banner" and to repeal the definition for "Sign, Light Pole"; providing that each and every other Section and Subsection of Chapter 78 Land Development shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 98, Ordinance on Page 104) Ordinance 37, 2009 — (1st reading) Amendment to the Art Ordinance. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78 Land Development at Section 78-261 Art in Public Places requirements by repealing Subsection (a) in its entirety and by repealing Subsection (d)(2) and readopting same, as revised for internal consistency and to provide regulations for public art selection and to provide for the use of art impact funds for maintenance of publicly-owned art; further amending Chapter 78 at Section 78-751 definitions to provide definitions for "Construction Cost", "Development", "Art, Artwork, or Works of Art", and "Artist or Professional Artist"; providing that each and every other section and subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance,please call the Florida Relay Service Numbers: 800- 955-8771 (TDD) or 800-955-8770(VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS '`` MEMORANDUM TO: Ron Ferris, City Manager FROM: Angela Wong, Operations Manager/Staff Liaison( THROUGH: Jack Doughney, Assistant City Manager, Operation � 4 SUBJECT: 2009 Beautification Award — Residential Category DATE: November 16, 2009 The three categories of the City's Beautification Award Program are Institution, Residential, and Commercial. Properties are nominated and subsequently reviewed by the Community Aesthetics Board, and a winner is selected. Winners are chosen based on the outside appearance of the structure and the landscaped grounds of the yard, as seen from the street. Winners receive an engraved plaque, as well as a sign to post in front of their home or facility for approximately 30 days. The Board reviewed one nomination for the category of Residential, Michael and Robin Parsons home located at 511 Riverside Drive, who was also selected as the award winner at the Board's November 4, 2009 meeting. The Board requests that the City Council join the Board in presenting a 2009 Beautification Award to Mr. and Mrs. Parsons at the December 3, 2009 Council Meeting. The Board will review nominations for the Institutional category in March 2010 followed by the Commercial category in June 2010. 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING NOVEMBER 5, 2009 6 The regular meeting was called to order at 7:03 p.m. by Mayor Russo. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 10 Councilmember Jody Barnett, Councilmember Robert Premuroso. 11 ABSENT: None. 12 III. ADDITIONS,DELETIONS,MODIFICATIONS 13 ADDITION TO CONSENT AGENDA 14 f. Resolution 105, 2009 — A Resolution of the City Council of the City of Palm Beach 15 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm 16 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Officers, 17 Sergeants and Non Sworn Police Communication Operators and Supervisors to divert an 18 additional one percent (1%) of all Bargaining Unit Members' wages to the Voluntary 19 Employee Beneficiary Association (VEBA); providing an effective date; and for other 20 purposes. 21 g. Resolution 106, 2009 — A Resolution of the City Council of the City of Palm Beach 22 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm 23 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Lieutenants to 24 divert an additional one percent (1%) of all Bargaining Unit Members' wages to the 25 Voluntary Employee Beneficiary Association (VEBA); providing an effective date; and for 26 other purposes. 27 Vice Mayor Levy made a motion for approval. 28 Councilmember Jablin seconded. 29 Motion passed 5-0. 30 IV. ANNOUNCEMENTS AND PRESENTATIONS 31 None. 32 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 33 Councilmember Jablin reported attending a luncheon in honor of Fire Rescue volunteer 34 Leonard Katz. Councilmember Premuroso reported attending the Citizens Police Academy. 35 Vice Mayor Levy reported attending the Palm Beach County League of Cities Executive 36 Board meeting, League of Cities County Commission School Board joint meeting and 37 Community Aesthetics Board meeting. Councilmember Barnett reported attending the 38 League of Cities Board of Commissioners School Board joint meeting. Mayor Russo 39 reported attending meetings about the Briger Tract and the Honda Classic and announced 40 upcoming events. 41 VI. CITY MANAGER REPORT 42 City Manager Ferris discussed railroad Quiet Zone status; November 19 and December 3, 43 2009 Public Workshops regarding special events, temporary signage and outdoor seating 44 codes; postponement of the Briger Development of Regional Impact (DRI) from November 45 19, 2009 to January 14, 2010; Big Heart Brigade participation by City workers approval by 46 Council and Bellewood Canal restoration. 47 VII. COMMENTS FROM THE PUBLIC CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 11.05.09 1 Don Hearing, PGA Corridor Association, Palm Beach Gardens; Roger Blangy, 11658 2 Hemlock, Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens; 3 Lou Satriano, 4703 Lake Catherine, Palm Beach Gardens. 4 VIII. CONSENT AGENDA 5 Vice Mayor Levy made a motion for approval. 6 Councilmember Jablin seconded. 7 Motion passed 5-0. 8 IX. PUBLIC HEARINGS 9 Part I—Quasi-judicial 10 Mayor Russo announced the procedures for tonight's proceedings. 11 Those preparing to give testimony were sworn in. 12 The City Clerk read Resolution 89, 2009 by title. 13 a. Resolution 89, 2009 —Art in Public Places. A Resolution of the City Council of the City 14 of Palm Beach Gardens, Florida approving the Art in Public Places for Frenchman's Crossing 15 Planned Unit Development (PUD), generally located at the Northwest Corner of Hood Road 16 and Alternate A1A, as described more particularly herein; providing conditions of approval; 17 providing an effective date; and for other purpose. 18 Mayor Russo opened the public hearing. 19 No ex parte communication was declared. 20 Presented item: Jennifer Tighe, Land Design South; artist Robert St. Croix. 21 Mayor Russo closed the public hearing. 22 Vice Mayor Levy made a motion for approval. 23 Councilmember Jablin seconded. 24 Motion passed 5-0. 25 The City Clerk read Resolution 94, 2009 by title. 26 b. Resolution 94, 2009 — Palm Beach Community Church, Inc. A Resolution of the City 27 Council of the City of Palm Beach Gardens, Florida amending the Borland Center Planned 28 Unit Development (PUD) located along the North side of PGA Boulevard between Gardens 29 Square Boulevard and Shady Lakes Drive, as more particularly described herein, in order to 30 modify a certain condition of approval regarding the project's off-site mitigation parcel; 31 providing conditions of approval; providing an effective date; and for other purposes. 32 Mayor Russo opened the public hearing. 33 Ex parte communication was declared by Councilmember Barnett, Vice Mayor Levy, 34 Councilmember Premuroso and Councilmember Jablin. 35 Presented item: Donaldson Hearing, Cotleur & Hearing; Planner Martin Schneider; 36 Growth Management Administrator Kara Irwin; City Attorney R. Max Lohman. 37 Comments from the public: Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens; 38 Vito DeFrancesco, 1049 Shady Lakes Circle, Palm Beach Gardens. 39 Mayor Russo closed the public hearing. 40 Vice Mayor Levy made a motion for approval as amended. 41 Councilmember Jablin seconded. 42 Motion passed 4-1 with Councilmember Barnett dissenting. 43 The City Clerk read Resolution 95, 2009 by title. 44 c. Resolution 95, 2009 — Frenchman's Crossing Planned Unit Development (PUD). A 45 Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the 46 development order for Frenchman's Crossing Planned Unit Development (PUD), located at 47 the Northwest Corner of Hood Road and Alternate A1A, as more particularly described CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 11.05.09 1 herein, to provide for minor site and landscape modifications; providing conditions of 2 approval; providing an effective date; and for other purposes. 3 Mayor Russo opened the public hearing. 4 Presented item: Jennifer Tighe, Land Design South. 5 Mayor Russo closed the public hearing. 6 Vice Mayor Levy made a motion for approval. 7 Councilmember Jablin seconded. 8 Motion passed 5-0. 9 The City Clerk read Resolution 34, 2009 by title. 10 d. Ordinance 34, 2009 — (2nd reading and adoption) Frenchman's Reserve PCD 11 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 12 amending Ordinance 4, 2001, which approved the Frenchman's Reserve Planned Community 13 Development (PCD), located directly East of the intersection of Alternate AlA and Hood 14 Road, by transferring all 20 official exhibits and all 65 conditions of approval to Resolution 15 97, 2009, in order to allow a reduction of the Lake Maintenance Easement from 20 feet to 15 16 feet adjacent to the South property lines of lots 20, 21, 22, and a portion of 23 of Pod G, for a 17 lake (Tract L2) located in the Frenchman's Reserve Golf Course; providing a conflicts clause, 18 a severability clause and authority to codify; providing an effective date; and for other 19 purposes. 20 Resolution 97, 2009 is a companion item to Ordinance 34, 2009 and will require Council 21 action. 22 Resolution 97, 2009 — Frenchman's Reserve — PCD Amendment to reduce Lake 23 maintenance easement. A Resolution of the City Council of the City of Palm Beach 24 Gardens, Florida amending the Frenchman's Reserve Planned Community Development 25 (PCD), located directly East of the intersection of Alternate AlA and Hood Road, to allow a 26 reduction of the Lake Maintenance Easement from 20 feet to 15 feet adjacent to the South 27 property lines of lots 20, 21, 22, and a portion of 23 of pod G, for a lake (Tract L2) located in 28 the Frenchman's Reserve Golf Course; providing conditions of approval; providing an 29 effective date; and for other purposes. 30 Mayor Russo opened the public hearing. 31 Presented item: Jennifer Tighe, Land Design South. 32 Mayor Russo closed the public hearing. 33 Vice Mayor Levy made a motion for approval of Ordinance 34, 2009 on second reading and 34 adoption. 35 Councilmember Jablin seconded. 36 Motion passed 5-0. 37 Vice Mayor Levy made a motion for approval of Resolution 97, 2009. 38 Councilmember Jablin seconded. 39 Motion passed 5-0. 40 Part II—Non-Quasi-judicial 41 X. RESOLUTIONS 42 The City Clerk read Resolution 96, 2009 by title. 43 a. Resolution 96, 2009 — Fire Engine Purchase. A Resolution of the City Council of the 44 City of Palm Beach Gardens, Florida approving the purchase of one 2009 Pierce PUC Pumper 45 from Ten-8 Fire Equipment, Inc., an authorized dealer for Fire Engines in the State of Florida; 46 authorizing the Mayor to execute all documents necessary to effectuate such purchase; 47 providing an effective date; and for other purposes.. 48 Presented item: Deputy Fire Chief C.R. Brown. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 11.05.09 1 Vice Mayor Levy made a motion for approval. 2 Councilmember Jablin seconded. 3 Motion passed 5-0. 4 The City Clerk read Resolution 99, 2009 by title. 5 b. Resolution 99, 2009 — PropertyRoom.com. A Resolution of the City Council of the City 6 of Palm Beach Gardens, Florida authorizing the Mayor to execute an agreement and 7 addendum with Propertyroom.com (PRC) for property disposition services; providing an 8 effective date; and for other purposes. 9 Presented item: Police Sergeant Joseph Corrao. 10 Vice Mayor Levy made a motion for approval. 11 Councilmember Jablin seconded. 12 Motion passed 5-0. 13 The City Clerk read Resolution 100,2009 by title. 14 c. Resolution 100, 2009 - Continuing Contracts for Professional Services. A Resolution 15 of the City Council of the City of Palm Beach Gardens, Florida awarding continuing contracts 16 for Professional Services to Calvin, Giordano & Associates, Inc.; Caulfield & Wheeler, Inc.; 17 CH2M Hill, Inc.; Cotleur & Hearing, Inc.; Creech Engineers, Inc.; Dunkelberger Engineering 18 & Testing, Inc.; Erdman Anthony of Florida, Inc.; GFA International, Inc.; Glatting Jackson 19 Kercher Anglin, Inc.; Hanson Professional Services Inc.; Harvard Jolly, Inc.; Keshavarz & 20 Associates, Inc.; L.D. Astorino & Associates, Ltd., Inc. d/b/a Astorino; Mactec Engineering 21 and Consulting, Inc.; McMahon Associates, Inc.; Michael B. Schorah & Associates, Inc.; 22 Mock, Roos & Associates, Inc.; O'Donnell, Naccarato, Mignogna & Jackson, Inc.; Pinder 23 Troutman Consulting, Inc.; Renaissance Planning Group, Inc.; Simmons & White, Inc.; 24 Slattery & Associates Architects Planners, Inc.; Southern Design Group, Inc.; Team Plan, 25 Inc.; Tierra South Florida, Inc.; TLC Engineering for Architecture, Inc.; Universal 26 Engineering Sciences, Inc.; Urban Design Studio, LLC D/B/A Urban Design Kilday Studios; 27 URS Corporation; West Architecture + Design, LLC.; and Zyscovich, Inc., In accordance 28 with Section 287.055, Florida Statutes, the "Consultants' Competitive Negotiation Act"; 29 providing an effective date; and for other purposes. 30 Vice Mayor Levy opened the public hearing. 31 Presented item: Operations Manager Angela Wong 32 Mayor Russo closed the public hearing. 33 Vice Mayor Levy made a motion for approval. 34 Councilmember Premuroso seconded. 35 Motion passed 5-0. 36 The City Clerk read Resolution 101, 2009 by title. 37 d. Resolution 101, 2009 - 911 Memorial / Art Piece. A Resolution of the City Council of 38 the City of Palm Beach Gardens, Florida approving a 9/11 Memorial/Art Piece and 39 authorizing funding for such project; providing an effective date; and for other purposes. 40 Presented item: Deputy Fire Chief C.R. Brown. 41 Vice Mayor Levy made a motion for approval. 42 Councilmember Jablin seconded. 43 Motion passed 5-0. 44 The City Clerk read Resolution 103, 2009 by title. 45 e. Resolution 103, 2009—Appoint members to the Art in Public Places Advisory Board. 46 A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing 47 regular and alternate members to the Art in Public Places advisory board; providing an 48 effective date; and for other purposes. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 11.05.09 1 Presented item: Councilmember Jablin. 2 Councilmember Jablin made a motion for approval. 3 Vice Mayor Levy seconded. 4 Motion passed 4-1 with Councilmember Barnett dissenting. 5 ADDED UNDER ADDITIONS 6 The City Clerk read Resolution 105, 2009 by title. 7 f. Resolution 105, 2009 — A Resolution of the City Council of the City of Palm Beach 8 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm 9 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Officers, 10 Sergeants and Non Sworn Police Communication Operators and Supervisors to divert an 11 additional one percent (1%) of all Bargaining Unit Members' wages to the Voluntary 12 Employee Beneficiary Association (VEBA); providing an effective date; and for other 13 purposes. 14 Presented item: Finance Administrator Allan Owens. 15 Vice Mayor Levy made a motion for approval. 16 Councilmember Jablin seconded. 17 Motion passed 5-0. 18 The City Clerk read Resolution 106, 2009 by title. 19 g. Resolution 106, 2009 — A Resolution of the City Council of the City of Palm Beach 20 Gardens, Florida approving and ratifying a Memorandum of Understanding with the Palm 21 Beach County Police Benevolent Association, Inc. for Sworn Certified Police Lieutenants to 22 divert an additional one percent (1%) of all Bargaining Unit Members' wages to the 23 Voluntary Employee Beneficiary Association (VEBA); providing an effective date; and for 24 other purposes. 25 Presented item: Finance Administrator Allan Owens. 26 Vice Mayor Levy made a motion for approval. 27 Councilmember Jablin seconded. 28 Motion passed 5-0. 29 XI. ORDINANCES (For Consideration on First Reading) 30 None. 31 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 32 None. 33 XIII. CITY ATTORNEY REPORT 34 None. 35 36 (The remainder of this page intentionally left blank.) 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 11.05.09 1 XIV. ADJOURNMENT 2 Vice Mayor Levy made a motion to adjourn. 3 Councilmember Jablin seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 9:23 p.m. 6 The next regularly scheduled City Council meeting will be held November 19, 2009. 7 8 APPROVED: 9 10 11 12 Joseph R. Russo, Mayor 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 Eric Jablin, Councilmember 21 22 23 24 Jody Barnett, Councilmember 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 ATTEST: 32 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 41 the meeting.A verbatim audio record is available from the Office of the City Clerk. 42 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 11.05.09 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 SPECIAL MEETING NOVEMBER 12, 2009 6 The regular meeting was called to order at 7:00 p.m. by Mayor Russo. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 10 Councilmember Jody Barnett, Councilmember Robert Premuroso. 11 ABSENT: None. 12 IX. PUBLIC HEARINGS 13 Quasi-judicial 14 Mayor Russo announced the procedures for tonight's proceedings. 15 Those preparing to give testimony were sworn in. 16 The City Clerk read Resolution 80, 2009 by title. 17 a. Resolution 80, 2009 — Scripps Florida Phase II DRI — A request by Mr. Ken Tuma, of 18 Urban Design Kilday Studios, on behalf of the property owners, The Lester Family 19 Investments, L.P., et al, and Palm Beach County, for approval of a DRI for the Briger Tract. 20 The proposed PCD/DRI will consist of 1.6 million square feet of biotech research space for 21 Phase II of The Scripps Research Institute's (TSRI) Florida campus, 1 million square feet of 22 biomedical uses, 1.2 million square feet of office, 2.2 million square feet of 23 biomedical/biotech, pharmaceutical and related ancillary uses, 300 hotel rooms, 500,000 24 square feet of commercial development, and 2,700 dwelling units. The subject site is 25 approximately 681 acres, and is located south of Donald Ross Road, north of Hood Road and 26 east and west of Interstate 95. (POC Natalie Wong). 27 Mayor Russo opened the public hearing. 28 Ex parte communication was declared by: Mayor Russo, Vice Mayor Levy, 29 Councilmember Jablin, Councilmember Premuroso. 30 Comments from the Public: Carolyn Chaplik, 705 Hudson Bay Drive, Palm Beach Gardens; 31 Russell McFadden, 822 N. C Street, Lake Worth; Ana Rodriguez, 416 Revere Road, West 32 Palm Beach; Suki deJoy, 2076 SW 14th Avenue, Boynton Beach; Panagioti Tsolkas, 822 N. 33 C Street, Lake Worth. 34 Vice Mayor Levy made a motion to continue the public hearing to date certain January 14, 35 2009. 36 Councilmember Jablin seconded. 37 Motion passed 5-0. 38 39 (The remainder of this page intentionally left blank.) 40 41 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 11.12.09 1 XIV. ADJOURNMENT 2 Vice Mayor Levy made a motion to adjourn. 3 Councilmember Jablin seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 7:15 p.m. 6 7 8 APPROVED: 9 10 11 12 Joseph R. Russo, Mayor 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 Eric Jablin, Councilmember 21 22 23 24 Jody Barnett, Councilmember 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 ATTEST: 32 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 41 the meeting.A verbatim audio record is available from the Office of the City Clerk. 42 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 11.12.09 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 3, 2009 Resolution 104, 2009 Subject/Agenda Item:Approving an Agreement with Palm Beach Community College Providing for the Education and Training of Students in the Paramedic and EMT Programs which Allows the EMT and Paramedic Students to Complete Clinical Ride Time on the Fire Rescue Units. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) ey / [ ]Approved 1-1;1- '/•hman /ice $ 0 [ ]Approved w/ Current FY conditions Kei l Bryer Divi ion Chief- EMS Finance Director [ ] Denied N/A Allan Owens Advertised: N/A Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other • Resolution 104, 2009 •Agreement Submitted by: [x] Not Required Peter Berge!, Fire Chief Department Director Affected parties Budget Acct.#: Appro - • by: / l otified [ ] None Ronald erri City Manager [x] Not required T 1 Meeting Date: December 3, 2009 Resolution 104, 2009 • BACKGROUND: The Fire Rescue Department has maintained an agreement with Palm Beach Community College for over twelve years to allow their EMT and Paramedic students to ride on Fire Rescue Units as part of their training. This ride time is an invaluable tool in the basic training of field providers and is mandated by the State of Florida for certification as an EMT or Paramedic. During these ride experiences, the student provides care under the direct observation of Fire Rescue personnel with the approval of the departmental Medical Director. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 104, 2009. 1 2 RESOLUTION 104, 2009 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH 7 PALM BEACH COMMUNITY COLLEGE PROVIDING FOR THE 8 EDUCATION AND TRAINING OF STUDENTS IN THE PARAMEDIC 9 AND EMT PROGRAMS; PROVIDING AN EFFECTIVE DATE; AND 10 FOR OTHER PURPOSES. 11 12 13 WHEREAS, the Fire Rescue Department has maintained an agreement with 14 Palm Beach Community College for over nine years to allow their EMT and Paramedic 15 students to ride on Fire Rescue units as part of their training, which is an invaluable tool 16 in the basic training of field providers and is mandated by the State of Florida for 17 certification as an EMT or Paramedic; and 18 19 WHEREAS, the City Council wishes to enter into a three (3) year agreement with 20 Palm Beach Community College to continue this program, which agreement has been 21 prepared and is attached hereto; and 22 23 WHEREAS, the City Council deems approval of this Resolution to be in the best 24 interests of the health, safety, and welfare of the residents and citizens of the City of 25 Palm Beach Gardens and the public at large. 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF PALM BEACH GARDENS, FLORIDA that: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 32 33 SECTION 2. The City Council hereby approves the Agreement with Palm Beach 34 Community College, authorizes the Mayor to execute such Agreement, and authorizes 35 the City Manager to execute any future renewal Addenda. 36 37 SECTION 3. This Resolution shall become effective immediately upon adoption. 38 39 40 (The remainder of this page left intentionally blank) 41 42 43 44 45 46 47 Resolution 104,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 5 CITY OF PALM BEACH GARDENS, FLORIDA 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 11 ATTEST: 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 APPROVED AS TO FORM 19 AND LEGAL SUFFICIENCY 20 21 22 BY: 23 R. Max Lohman, City Attorney 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER JABLIN 33 34 COUNCILMEMBER BARNETT 35 36 COUNCILMEMBER PREMUROSO 7 38 39 40 W/ 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 104 2009-agmt with PBCC-emt-paramedic training.doc 2 PALM BEACH COMMUNITY C O L L E G E CONTRACT SERVICES PIICC 4200 CONGRESS AVE. LAKE WORTH, FL 33461-4796 561-868-3455 tel 561-868-3585 fax mancusob®pbcc.edu November 6, 2009 Ms. Barbara Chabre Legal Assistant City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Ms. Chabre: Palm Beach Community College has affirmed a clinical affiliation agreement with your agency. Enclosed are two (2) copies of the agreement. Please have an authorized agent sign both copies,retain one for your records and return the other for our records. Thank you for your interest is this training service. If you have any questions please call me at 561-868-3455. Sincerely, Beryl A. Mancuso Executive Administrative Assistant & Contract Administrator enc. www.pbcc.edu BELLE GLADE BOCA RATON LAKE WORTH PALM BEACH GARDENS WEST PALM BEACH . t AGREEMENT THIS AGREEMENT is made and entered into by and between PALM BEACH COMMUNITY COLLEGE, 4200 Congress Avenue, Lake Worth, Florida 33461, a public corporation under the laws of the State of Florida, hereinafter referred to as "COLLEGE" and City of Palm Beach Gardens, 10500 Military Trail, Palm Beach Gardens, FL 33410,hereinafter referred to as "DEPARTMENT." WITNESSETH WHEREAS, the parties hereto desire to enter into a contractual arrangement providing for the education and training of students in the Paramedic and EMT programs. WHEREAS,Palm Beach Community College has undertaken to educate and train students in the Paramedic and EMT programs, which shall be under the auspice of Health Sciences. NOW,THEREFORE, it is agreed between the parties hereto as follows: The control of the program shall reside in the President of the Palm Beach Community College with the assistance of the EMS Program Supervisor under the auspice of Health Sciences. There shall be established a Business Partnership Council who will counsel the said President and Supervisor responsible for the program. COLLEGE agrees to: 1. Accept eligible students in the program as regular enrollees of the Palm Beach Community College, subject to the rules and regulations of the College. 2. Select a qualified faculty. 3. Provide a College approved course of study. 4. Consult with the designated staff of DEPARTMENT in selecting clinical experiences for the students of the program. A list of students and their dates of attendance will be provided to DEPARTMENT by the College. 5. Provide supervision for students participating in clinical experiences at DEPARTMENT. 6. Adhere to the Policy and Procedures established by DEPARTMENT to include the Exposure Control Plan for Bloodbome Pathogens and all related OSHA and Infection Control Policies. 7. Cooperate with DEPARTMENT staff in all matters pertaining to these programs. 8. To the extent permitted by Section 768.28, Florida Statutes, the COLLEGE agrees to indemnify, defend and hold harmless DEPARTMENT from and against all claims, damages, losses,judgments, and expenses, including all reasonable legal fees and costs, if it is necessary for DEPARTMENT to defend an action arising out of any alleged acts or omissions of the COLLEGE, its agents, servants or employees. This provision is subject to Section 768.28, Florida Statutes. Each party shall be responsible for its own negligent, gross negligent, or willful or wanton acts. 1 DEPARTMENT agrees to: 1. Provide necessary facilities for clinical experiences for proper Paramedic and/or EMT instruction. 2. Cooperate in the assignment of students in DEPARTMENT, such assignments to be made under the supervision of the College faculty. 3. Provide liaison between the DEPARTMENT administrator and the EMS Program Supervisor under the auspice of Health Sciences. 4. Cooperate with the College staff in all matters pertaining to these programs. 5. To the extent permitted by Section 768.28, Florida Statutes, the DEPARTMENT agrees to indemnify, defend and hold harmless COLLEGE from and against all claims, damages, losses, judgments, and expenses, including all reasonable legal fees and costs, if it is necessary for COLLEGE to defend an action arising out of any alleged acts or omissions of the DEPARTMENT, its agents, servants or employees. This provision is subject to Section 768.28, Florida Statutes. Each party shall be responsible for its own negligent, gross negligent, or willful or wanton acts. 6. Provide suitable area at DEPARTMENT for conferences and group training programs for the students. 7. Cooperate in obtaining guest lecturers from the staff of DEPARTMENT on request of the EMS Program Supervisor under the auspice of Health Sciences as schedule permits. 8. Not begin any training programs in the Paramedic and EMT fields, conducted by the College while this agreement is in effect, without the prior notification of COLLEGE. BOTH PARTIES agree: 1. To require that each Paramedic/EMT student at his/her own expense provide the following: a. Uniforms b. Meals c. Laundry Service d. Transportation e. Physical examination and immunizations. f. Hospital and medical care. g. School Accident Insurance or evidence of such insurance protection. h. Professional Liability Insurance coverage of not less than $1,000,000 per occurrence and$3,000,000 aggregate. Proof of insurance will be provided to DEPARTMENT upon request of the COLLEGE. 2. This agreement shall continue for three (3) years from the date hereof unless sooner terminated and may be renewed at the end of three (3) years by the mutual consent of the parties. In the event that either party desires to terminate the arrangement prior to the three (3) year period, notice shall be given by the party desiring to terminate to the other party in writing, but such termination shall not be effective until such time as all then enrolled students have had an opportunity to complete their prescribed program, although new enrollees shall not be accepted after receipt of notice of termination. This Agreement may be terminated by either party upon providing thirty (30) days' prior written notice of the same. 2 3. To affirm they do not discriminate based on race, religion, national origin, gender, age, or handicap. Contract begins , , and expires , PALM BEACH COMMUNITY COLLEGE By 5--(Z .1 :t...,..)--____ Name (211C- -tA-�- A • A u kiu Title VP f\-wv1 ( Nisitu��oN4i`S ,Nes.s Cvcs Date %‘‘44.‘ 09 CITY OF PALM BEACH GARDENS By Joseph R. Russo, Mayor Date ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FO' .i 1' LEGA NCY / By: �L ' . Max ' e'f an, ity Attorney 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 3, 2009 Resolution: 109, 2009 Subject/Agenda Item: Allemande Elementary Plat [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: (Total) City Attor j y [ ] Approved / Growth Management $ N/A / [ ]Approved w/ hila.4141.rCurrent FY conditions [ ] Denied Finance Administrator Advertised: Funding Source: Nl� [ ] Continued to: Date: [ ] Operating Attachments: Paper: [X] Other [x] Not Required Resolution 109, 2009 Sub fitted b Max Bosso, P.E. Department Director Affected parties Budget Acct.#: Approv= . by: [X] Notified [ ] Not required City Manager 40 i Meeting Date: December 3, 2009 Resolution: 109, 2009 BACKGROUND: The Allamanda Elementary Plat is approximately 15.17 acres of land located along the south side of Allamanda Lane between Prosperity Farms Road and Allamanda Boulevard. This parcel of land has never been platted in the past; only a few easements scattered throughout the property have been recorded. All these easements, recorded in various separate instruments have been incorporated in the current plat. STAFF RECOMMENDATION: Staff recommends approval of Resolution 109, 2009. 1 2 3 RESOLUTION 109, 2009 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING THE ALLAMANDA 8 ELEMENTARY PLAT; PROVIDING AN EFFECTIVE DATE; AND 9 FOR OTHER PURPOSES. 10 11 12 WHEREAS, the Director of Engineering has reviewed the Allamanda Elementary 13 Plat; and 14 15 WHEREAS, the Director of Engineering has determined that the proposed plat 16 meets all the technical requirements of the City's Land Development Regulations and 17 Chapter 177, Florida Statutes, and recommends approval of the plat; and 18 19 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; 20 and 21 22 WHEREAS, the City Council deems approval of this Resolution to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of 24 Palm Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 33 execute the Mylar of the Allamanda Elementary Plat consisting of two (2) sheets, 34 prepared by Heller-Weaver and Sherementa, Inc., attached hereto as Exhibit "A." 35 36 SECTION 3. This Resolution shall become effective immediately upon adoption. 37 38 39 (The remainder of this page intentionally left blank) 40 41 42 43 44 45 46 Resolution 109,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 27 VOTE: AYE NAY ABSENT 28 29 MAYOR RUSSO 30 31 VICE MAYOR LEVY 32 33 COUNCILMEMBER JABLIN 34 35 COUNCILMEMBER BARNETT 36 37 COUNCILMEMBER PREMUROSO 38 39 40 41 � . 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 109 2009-PLAT-allamanda elementary.docx 2 Ordinance 109,2009 EXHIBIT "A" ALLAMANDA ELEMENTARY SHEET I OE 2 PORTION OF SOUTHWEST ONE-QUARTER (S.W.1/4), SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA COUNTY OF PALM BEACH SS STATE OF FLORIDA THIS PLAT WAS FILED FOR RECORD AT THIS DAY OF 2009, BURNS ROAD AND DULY RECORDED IN PLAT BOOK NO. AT PAGE(S) SHARON R.BOCK,CLERK 'LLAMANDA LANE OF THE CIRCUT COURTS ® , DT m LL DEPUTY CLERK ne �OMEGA PLC — TITLE CERTIFICATION: STATE OF FLORIDA I.BLAIR LITTLEJOHN.AS DULY LICENSED COUNTY OF PALM BEACH S 58 ATTORNEY IN THE STATE OF FLORIDA,DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO THE a HEREON DESCRIBED PROPERTY THAT WE FIND THE TITLE TO THE PROPERTY IS VESTED TO THE SCHOOL BOARD OF PALM BEACH COUNTY;THAT ALL CURRENT TAXES HAVE BEEN PAID:ALL MORTGAGES NOT SATISFIED OR RELEASED OF RECORD NOR OTHERWISE TERMINATED BY LAW ARE SHOWN HEREON;AND THAT THERE ARE ENCUMBRANCES OF RECORD BUT THESE ENCUMBRANCES DO NOT PROHIBIT THE CREATION OF THE SUBDIVISION DEPICTED BY THIS PLAT. LOCATION SKETCH DESCRIPTION: (PARCEL "A" AND PARCEL "B") NOT TO SCALE DATED: THE SOUTHWEST OUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTH 52.3 FEET, MEASURED AT RIGHT ANGLES,OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF PRINT NAME:BLAIR LITTLEJOHN THE SOUTHWEST QUARTER OF SECTION 8.TOWNSHIP 42 SOUTH, RANGE 43 EAST,PALM BEACH COUNTY,FLORIDA.,LESS THE WEST 60 FEET THEREOF FOR ROAD PURPOSES. DEDICATION: AND STATE OF FLORIDA 155 KNOW ALL MEN BY THESE PRESENTS THAT CITY OF PALM BEACH GARDENS APPROVAL: COUNTY OF PALM BEACH$$ THE SCHOOL BOARD OF PALM BEACH COUNTY, THIS PLAT IS HEREBY APPROVED FOR RECORD THIS DAY OF 2009. THE NORTH 360 FEET OF THE SOUTH 412.3 FEET OF THE NORTHWEST FLORIDA,A CORPORATE BODY POLITIC PURSUANT QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF TO THE CONSTITUTION OF THE STATE OF FLORIDA, AS OWNER OF THE LAND SECTION 8,TOWNSHIP 42 SOUTH, RANGE 43 EAST,PALM BEACH COUNTY, SHOWN HEREON, BEING IN SECTION 8.TOWNSHIP 42 SOUTH.RANGE 43 EAST. BY: FLORIDA.LESS AND EXCEPTING THEREFROM THE WEST 60 FEET OF THE PALM BEACH COUNTY,FLORIDA,SHOWN HEREON AS ALLAMANDA ELEMENTARY. JOSEPH R.RUSSO,MAYOR NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8 FOR AN EASEMENT FOR INGRESS AND EGRESS. BY: SAID LANDS SITUATE AND LYING WITHIN THE CITY OF PALM BEACH PATRICIA SNIDER,CM C,CITY CLERK GARDENS.FLORIDA.CONTAINING 15.03 ACRES. MORE OR LESS. PARCEL"B" ROAD EASEMENT(OFFICIAL RECORDS BOOK 6541, IN WITNESS WHEREOF:WE HERETO SET OUR HANDS AND AFFIX OUR SEAL APPROVED BY CITY ENGINEER: PAGES 7-9)IS DESCRIBED AS FOLLOWS: THIS DAY OF 2009. M4551M0"MAX"BOSSO,P.E.,CITY ENGINEER THE SCHOOL BOARD OF PALM BEACH COUNTY, A PARCEL OF LAND LYING IN SECTION 8,TOWNSHIP 42 SOUTH,RANGE A CORPORATE POLITIC PURSUANT TO THE CERTIFICATE OF REVIEW BY CITY'S SURVEYOR: 43 EAST,COUNTY OF PALM BEACH,STATE OF FLORIDA.SAID PARCEL CONSTITUTION OF THE STATE OF FLORIDA BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 2403, PAGE 1591 OF THE PUBLIC RECORD OF ON BEHALF OF THE CITY OF PALM BEACH GARDENS,THE UNDERSIGNED,A PROFESSIONAL PALM BEACH COUNTY AND SAID PORTION BEING MORE PARTICULARLY SURVEYOR AND MAPPER,HAS REVIEWED THIS PLAT FOR CONFORMITY TO CHAPTER 177,PART DESCRIBED AS FOLLOWS: ATTESTED: BY: 1, FLORIDA STATUTES AND THE ORDINANCES OF THE CITY OF PALM BEACH GARDENS.FLORIDA. ARTHUR C. JOHNSON, WILLIAM G.GRAHAM.CHAIRMAN THIS REVIEW DOES NOT INCLUDE VERIFICATION OF THE GEODETIC DATA. FOR THE PORTION OF THIS DESCRIPTION THE EAST-WEST ONE-QUARTER SUPERINTENDENT DATE: BY: (E-W 1/4)SECTION LINE OF SECTION 8.TOWNSHIP 42 SOUTH.RANGE THOMAS C.VOKOUN,PROFESSIONAL SURVEYOR AND MAPPER 43 EAST IS ASSUMED TO BEAR NORTH 88116'14"WEST AND SAID REGISTRATION NO.4382.STATE OF FLORIDA BEARINGS DEPICTED HEREIN ARE RELATED THERETO. ACKNOWLEDGMENT: COMMENCING AT THE CENTER OF SAID SECTION 8:THENCE NORTH STATE OF FLORIDA i55 BEFORE ME PERSONALLY APPEARED WILLIAM 88 116'14"WEST ALONG THE EAST-WEST ONE-QUARTER(E-W 1/4) COUNTY OF PALM BEACH G.GRAHAM AND ARTHUR C.JOHNSON,WHO SECTION LINE OF SAID SECTION 8 A DISTANCE OF 668.47 FEET:THENCE ARE PERSONALLY KNOWN TO ME,AND WHO SURVEYOR'S CERTIFICATE SOUTH 01'43'46"WEST A DISTANCE 254.13 FEET TO A POINT BEING THE EXECUTED THE FOREGOING INSTRUMENT AS CHAIRMAN AND SUPERINTENDENT, I HEREBY CERTIFY THAT THE ATTACHED PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE NORTHEAST CORNER OF SAID CERTAIN PARCEL OF LAND AND THE POINT RESPECTIVELY,OF THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA,A LANDS RECENTLY SURVEYED,SUBDIVIDED AND PLATTED UNDER MY RESPONSIBLE DIRECTION AND OF BEGINNING:THENCE NORTH 88'09'42"WEST ALONG THE NORTH LINE CORPORATE BODY PURSUANT TO THE CONSTITUTION OF THE STATE OF FLORIDA AND SUPERVISION,THAT THE SURVEY DATA SHOWN CONFORMS TO THE APPLICABLE REQUIREMENTS OF SAID PARCEL OF LAND A DISTANCE OF 221.87 FEET TO THE POINT SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT THEY EXECUTED SUCH OF CHAPTER 177, PART 1, FLORIDA STATUTES.AND WITH THE APPLICABLE SECTIONS OF OF BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A INSTRUMENT AS SUCH CHAIRMAN AND SUPERINTENDENT OF SAID CORPORATION,AND CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE AND THE ORDIANNCES OF THE CITY OF PALM RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 10°00'00"A RADIAL THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL BEACH GARDENS,FLORIDA.THE PERMANENT REFERENCE MONUMENTS(P.R.M.'S)WERE SET. LINE PASSING THROUGH SAID POINT OF CURVATURE BEARS NORTH OF SAID CORPORATION AND THAT IT IS AFFIXED TO SAID INSTRUMENT BY DUE AND 01°50'18"EAST;THENCE DEPARTING FROM THE NORTH LINE OF SAID REGULAR AUTHORITY.AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF PARCEL EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE SAID CORPORATION. A DISTANCE OF 43.63 FEET TO A TANGENT LINE;THENCE SOUTH HELLER-WEAVER AND SHEREMETA.INC. FLORIDA DEPARTMENT OF BUSINESS AND 78 109'42"EAST ALONG SAID TANGENT LINE A DISTANCE OF 51.88 FEET WITNESS MY HAND AND OFFICIAL SEAL THIS DAY PROFESSIONAL REGULATION CERTIFICATE OF AUTHORIZATION NUMBER LB 3449. TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A OF 2009. RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 13103110";THENCE NOTARY PUBLIC DATE: FOR THE FIRM BY: EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 68.34 FEET MY COMMISSION EXPIRES: TO A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS DANIEL C LAAK OF 32.00 FEET AND A CENTRAL ANGLE OF 92 108'12":THENCE TYPED,PRINTED OR STAMPED PROFESSIONAL SURVEYOR AND MAPPER SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 51.46 NAME OF NOTARY PUBLIC REGISTRATION No.5118 FEET TO A REVERSE CURVE CONCAVE TO THE EAST HAVING A RADIUS OF STATE OF FLORIDA 422.97 FEET;THENCE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 18152'28"AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 139.34 PREPARED BY: SCRODS BOARD NOTARY CUTS'OF PALM RETIEWING SURVEYOR FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID CERTAIN BEACH GARDENS SURVEFOR PARCEL OF LAND:THENCE NORTH 02'02'40" EAST ALONG SAID EAST LINE /1 /1 A DISTANCE OF 184.83 FEET TO POINT OF THE BEGINNING. --__ Heller•Weaver and heremeta,inc. SAID LANDS SITUATE AND LYING WITHIN THE CITY OF PALM BEACH Heller Weaver and v v GARDENS,FLORIDA,CONTAINING 0.14 ACRES, MORE OR LESS. Engineers...Surveyors and Mappers L.D.N0.0093449 310 S.E.1ST STREET,SUITE 4 DELRAY BEACH.FLORIDA 33483 (561)243-8700-FAX(561)243-8777 ALLAMANDA ELEMENTARY SHEET 2 OF 2 PORTION OF SOUTHWEST ONE—QUARTER (S.W.1/4), SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA z_ gz0 _ O- PLAT OF SIEN40AK8 TRACT E=2 t � l - o, A P.U.D. 5-16 S z po �a p,o _5 i WaLLLL V PLAT BOOK 65, (P BOOK 65,P4GE 132) 'SK "5" - fwm w u LL i PEPPERWOOD € 3I FAG.,32-136 g PLAT BOOK 33,PAGES nlu. �p TRACT"R" m dA 169-185 ° dl�x rcrc m.m:�op / r 4. g: TR4Ci..R.. `u\\ II / gin �� - \,I. 15 1 a34b J 254,13 _- = 2ro2'a0, 164.5' /� \\ MONUMENT CONCRETE MINIMAL BOUNDARY VILLAGE OF NORM PALM BEACHµ 1€N ="` x ��»i No \1\ e ( PARCEL"B" �\- -- ___ zz]-T r 1 S 02°02'40"W 893.87'(TOTAL) l • m X� � '� n J � ----�I �� ----� MUNICIPAL BOUNDARY CITY OF PALM BEICX CAROENS� 1` :84 i'.990.42.,om m _ Poop" �z0xz0 woT IlImETeR EASEMENT I I _____. x aTS LI FLORIDA ENT ANO m 041 (0 R.e.22033 Pas 002) (oGPa.zza�PAGES 8e7-669) r/ 5-9. ) "N N n K 8 III I m u n •n n NOTICE: II r$ �� ■■ aaz Im �a C III THIS PLAT,AS RECORDED IN ITS GRAPHIC FORM, £I/ \1 6 IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED I; LANDS DESCRIBED HEREIN AND WILL IN NO O P W° 0 _ o= S CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY C m°�(y V G \ VI BY ANY OTHER GRAPHIC OR DIGITAL FORM OF 6"JO p0 5510 P°j SOUTH 8102 OR N5`191 / >n REE RICTI THERE MAYBE NOT RECORDED pI 01- n ES° SOUTHWEST N a a RESTRICTIONS THAT ARE NoT RECORDED ON THIS 5 II """7: •• I PLAT THAT MAY BE FOUND IN THE PUBLIC I" II N,e" a a D: 42 souTn R. aE T 6 I m i RECORDS OF THIS COUNTY.6. ,�A use —N E ''II 50'18"E ,N cn Nti6TOV R I I s A O RADIAL I' 2 12.6'�H CI 17! 0 PLAT NOTES:THE ORTI-AREST QUARTER i •\ 0), OF SECTION HERB GAB 4z s3 ex ?'6 ® INDICATES SET PERMANENT REFERENCE MR O O / Z y -Pj y H y 3 MONUMENT(P.R.M.)4"X4"X24"CONCRETE o e n II'N UT o PARCEL A G MONUMENT WITH BRASS SE), NO.LS ysila 1Y� W (o.R_6.2453,PC.1591)U R = - I 4 (UNLESS NOTED OTHERWISE), 1 O e u Z Q Iy M a a C rc w w rce 654,601 aq.R. 30 _ BEARINGS SHOWN ARE RELATIVE TO THE SOUTH Q� ^ ti O.prcz 14.89 aces I/=l205 N0 2 I I I , , w0rc°s o us AS ETRACT S-IS ROAD DRIVE EASEMENT PLAT OF SIENA yl _ ,.�ow°0 - N OAKS,A P.U.D.,ACCORDING TO THE PLAT 0480 QO O °zr's°¢ 1°pv THEREOF AS RECORDED IN P.B.65,PAGES a / g ga 3m ", C ,1 r 6E863 R S 132-136 OF THE PUBLIC RECORDS OF PALM °-Mn I pp Rx t BEACH COUNTY,FLORIDA HAVING A BEARING OF 01 0 63 'A OS ow TO TH'42"E.WHICH SAID BEARING I RELATIVE A.91 of = 1. - x ma ; TO.THE PALM BEACH COUNTY SECTIONAL DATA a 0�0 FOR SECTION A,TOWNSHIP 42 SOUTH,RANGE 43 / F 'a lI �-I '— EAST. • u U omiwa p . <Y a II §V.,i I OF LEGEND: °D L.B. CENTERLINE = a L FLORIDA DEPARTMENT OF BUSINESS OBO6Ar I r¢¢��'' AND PROFESSIONAL REGULATION•" I 5 �xo_'"I - A LICENSED BUSINESS DESIGNATION of / ow/o63LLl H _ FND, FOUND -^ =LL I a O.R.B. OFFICIAL RECORD BOOK M I`*� �/ i n P.B. PLAT BOOK I� P.B.C.R. POIN B OF CH COUNTY RECORD LOT299 LOT 298 {OF 297 5 "" P,O,B. POINT OF BEGINNING LOT 296 LOT 295 NOT°54'20"E '1078.32' (TOTAL) I I P.O.C. POINT OF COMMENCEMENT 1 ERI ,) r F>s I I TB LOT 290 LOT 289 PG. PAGE SyPPaAp ___J L - SOT 288 LOT 28] I HPI — c.155 sES PE FOEI6ILC I I ® PERMANENT REFERENCE -I— —',/ +.. L ER( ) N LOT 294 LOT 293 PAC�1o4a o 2331',I 1 1 1 I `OU' ) MONUMENT(PRM)LS R5118 \ — �— ITI p 1 wNSH P I S0.FT sOUARE FEET SI i I I Nsl PI - LOT 292 I I LC'T191 II- _ _..— ..—..-QUARTER ANA 14)OF ThIE NORTHEAST QUARTER IRE 1.4)OF PRE SOUTHNEST H to RTER I'f 1/41)oFTHE6o IRth E6T i 1 4260 RANGE 43 PLAT OF SIENA OAKS A P.U.O. J L__H_I L_�QUARTER(,IN 1/4)OF 9ECTIIXP'10IINNSHIP PREPARED BY. C2.301719.Pi9RIGE27.PR.= PLAT BOOK 65,PAGE 132-136 GRAPHIC.SCALE I I PLAT OF SIENA OAKSA P.U.D. _ _ Heller-Weaver and Sheremeta,inc, 0 0 25 50 100 205 PLAT KOOK 65,PAGE 132-136 -- I J ORTH . . . I -- N IN Feea) I Engineers...Surveyors and Mappers 1 INCH=50 FT. L.B.NO.0000449 310 S.E.1ST STREET,SUITE 4 DELRAY BEACH,FLORIDA 33483 (561)2438700-FAX(581)2438777 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 3, 2009 Resolution: 112, 2009 Subject/Agenda Item: Consider approval of the First Amendment to an Interlocal Agreement between the City of Palm Beach Gardens and the School District of Palm Beach County for the Mutual Use of Recreation Facilities. (X] Recommendation to APPROVE ( I Recommendation to DENY Reviewed b Oa Costs:$ -0- Council Action: (Total) J uriginsrt Lucas ting Athletics L Superintendent Dept.: R. lax Lohman [ I Approved City Attorr/y- Community Services Department d / $-0- [ ]Approved WI Allan Owens ! Current FY conditions Finance Administrator [ I Denied Advertised: N/A Funding Source: [ I Continued to: Date: [ ]Operating Attachments: Paper. [ ]Other - Resolution 112,2009 o Exhibit A: Interlocal 1 Agreement o Exhibit B:First Amendment ■ i Submitted by: [X]Not Required .J J E Dcu coney, III -r,. )ikt_L�( 2 . ,uj � ✓! I ;ttiM�i.911i C;It`/is},3tT-itJtif. Oct ,rt n'v nt A./rr nisuat„r Affected parties Budget Acct.#: [ ]None Approved by: [X]Notified N/A . Ron Ferns [ j Not required i City Manager -- —!-- Meeting Date: December 3, 2009 Resolution: 112, 2009 BACKGROUND: In December 2004, the City entered into an Interlocal Agreement with the School District of Palm Beach County for the mutual use of recreational facilities within the City limits of the City of Palm Beach Gardens (Resolution 222, 2004). The Interlocal Agreement is scheduled to expire on December 8, 2009. An amendment to the Interlocal Agreement has been prepared in an effort to provide City residents continued facility space for their recreational pursuits since recreational programs are conducted on School District facilities as well as City-owned facilities. While City programming does not use facilities owned by the School District, the City's sole exclusive sports provider, the Palm Beach Gardens Youth Athletic Association (PBGYAA), relies on school facilities for the operation of its basketball program. To meet the needs of public schools and residents of Palm Beach Gardens, the City provides facility space for their educational and athletic extracurricular activities. The First Amendment to the Interlocal Agreement will maintain consistency in the operation of recreational programs using School District facilities. Since 1967, the PBGYAA has served as the City's exclusive supplemental sports provider and assists the City by programming youth sports programs. Without the agreement to use School District facilities, the PBGYAA would be unable to meet the programming needs for its basketball programs. Also, in the event that the City would need to use a School District facility, the agreement would provide the City or a recognized sports provider the opportunity to request a School District facility. STAFF RECOMMENDATION: Approve Resolution 112, 2009 as presented. 1 2 RESOLUTION 112, 2009 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING THE FIRST 7 AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN THE 8 CITY OF PALM BEACH GARDENS AND THE SCHOOL DISTRICT 9 OF PALM BEACH COUNTY FOR MUTUAL USE OF 10 RECREATIONAL FACILITIES AT SCHOOLS LOCATED WITHIN 11 THE CITY OF PALM BEACH GARDENS; PROVIDING AN 12 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13 14 15 WHEREAS, the School District of Palm Beach County ("School District") is the 16 controlling body of the public schools of Palm Beach County, Florida and owns and 17 operates school facilities ("school facilities") within the City of Palm Beach Gardens 18 ("City"); and 19 20 WHEREAS, the City owns, operates, and maintains various parks and recreation 21 areas within the City of Palm Beach Gardens ("Parks Facilities"); and 22 23 WHEREAS, the School District and the City recognize the need, on occasion, 24 and the benefits derived by both parties to utilize the facilities of the other, thereby 25 minimizing the duplication of facilities; and 26 27 WHEREAS, the City wants to ensure that the integrity of its Comprehensive Land 28 Use Plan is maintained and that the residents have reasonable use of certain parts of 29 the school facilities when not in use for educational or program purposes established by 30 the School District; and 31 32 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 33 Cooperation Act of 1969", authorizes local governments to make the most efficient use 34 of their powers by enabling them to cooperate with other localities on a basis of mutual 35 advantage and thereby to provide services and facilities that will harmonize geographic, 36 economic, population, and other factors influencing the needs and development of local 37 communities; and 38 39 WHEREAS, Part 1 of Chapter 163, Florida Statutes, permits public agencies, as 40 defined therein, to enter into interlocal agreements with each other to jointly exercise 41 any power, privilege, or authority which such agencies share in common and which 42 each might exercise separately; and 43 44 WHEREAS, the City Council recognizes the Palm Beach Gardens Youth Athletic 45 Association, Inc. as the exclusive sole supplemental sports provider for youth sports in 46 Palm Beach Gardens; and Resolution 112,2009 1 WHEREAS, the City entered into an Interlocal Agreement between the City of 2 Palm Beach Gardens and the School District of Palm Beach County for the mutual use 3 of recreational facilities at schools located within the City of Palm Beach Gardens on 4 December 8, 2004, which Agreement is attached hereto as Exhibit "A"; and 5 6 WHEREAS, the City desires to renew the Agreement with the School District by 7 approving the First Amendment to the Agreement which is attached hereto as Exhibit 8 "B"; and 9 10 WHEREAS, the City Council deems approval of this Resolution to be in the best 11 interests of the health, safety, and welfare of the residents and citizens of the City of 12 Palm Beach Gardens and the public at large. 13 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF PALM BEACH GARDENS, FLORIDA that: 17 18 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 19 20 SECTION 2. The City Council of the City of Palm Beach Gardens hereby 21 approves the First Amendment to the Interlocal Agreement with the School Board of 22 Palm Beach County for the Mutual Use of Recreation Facilities, and hereby authorizes 23 the Mayor to execute such Amendment. 24 25 SECTION 3. This Resolution shall become effective immediately upon adoption. 26 27 28 (The remainder of this page left intentionally blank) 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2 Resolution 112,2009 1 PASSED AND ADOPTED this day of . 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER JABLIN 33 34 COUNCILMEMBER BARNETT 35 36 COUNCILMEMBER PREMUROSO 37 38 39 40 41 42 43 44 45 46 47 G:tattorney_share\RESOLUTIONS\20091Resolution 112 2009-first arnd to school bd interlocal for use of facitities.donx 3 Resolution 112,2009 EXHIBIT "A" Ph /2101 zT - 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES This Interlocal Agreement is made this D* day of 1 + 2, 20 Di, by and between the City of Palm Beach Gardens, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and the School Board of Palm Beach County, Florida, (hereinafter referred to as "Board"), a corporate body politic, each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local . communities; and WHEREAS, Part 1 of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the City and Board recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and WHEREAS, the City and the School Board acting on behalf of the School Board desire the ability to use the facilities of the other on terms and conditions more particularly provided for herein. NOW, THEREFORE, in consideration of the mutual promises, representations, terms and covenants contained herein, the parties agree as follows: Page 1 of 21 wt 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Purpose. The purpose of this Agreement is to enable the Board and the City to utilize each other's recreational facilities and provide a procedure for authorizing the use of the Board's recreational facilities by both the City and the City's affiliated recreational groups and organizations that have been approved by the parties. 3. Definitions. A. "Board Facilities" and "Board Facility" mean facilities owned or operated by the Board that are made available for public use by the School Board and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others, or facilities that are under construction or renovation for which the use cannot be made available. The terms "Board Facilities and "Board Facility" shall include, but not be limited to, classrooms; auditoriums; gymnasiums; playgrounds; swimming pools; tennis, racquetball and basketball courts; athletic fields; and tracks. B. "City Facilities and "City Facility" means facilities owned or operated by the City that are made available for public use by the City and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others, or facilities that are under construction or renovation for which the use cannot be made available. The terms "City Facilities" and "City Facility" shall include, parks; gymnasiums; pavilions; recreational centers; playgrounds; swimming pools; tennis, racquetball and basketball courts; and athletic fields. Excluded specifically from this Agreement is any Golf Course or Tennis Center owned or managed by the City or its consultants. Notwithstanding the foregoing, nothing herein shall prevent the City Manager or his or her designee from allowing the School Board the right to use such facilities, subject to terms and conditions established by the parties. C. "City Manager" means the City Manager of the City of Palm Beach Gardens, Florida. Page 2 of 21 • D. "Facilities" means the Board Facilities and the City Facilities. E. "Priority of Use" means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows: 1. Board or School Board activities and programs or Board Facility lease agreements; and 2. Palm Beach County activities and programs pursuant to the Interlocal Agreement entered into by the School Board and Board with Palm Beach County dated October 15, 2003; 3. City and City Affiliated Recreational Groups and Organizations activities and programs pursuant to this Interlocal Agreement. For City Facilities, the Priority of Use shall be as follows: 1. City or City Affiliated Recreational Groups and Organizations activities and programs or City facility rental agreements or other pre-existing interlocal agreements, including those currently in effect with the School Board or other preexisting agreements with independent consultants for use and management of City Facilities; and 2. Board or School Board activities and programs pursuant to this Agreement. F. "City Affiliated Recreational Groups and Organizations" mean an organized recreation group or organization identified in the attached Exhibit "A", which may be amended or supplemented from time to time upon mutual agreement of the School District's Chief Operating Officer or designee and the City Manager or his or her designee, without formal amendment hereto. G. "District or School Board Activities and Programs" refers to those things listed on Exhibit "A"which may be amended as provided in Section F. above. 4. Use of Facilities by the Parties. A. The School Board agrees to make the Board Facilities available for use by the City according to the Priority of Use at no cost or expense to the City, except as Page 3 of 21 otherwise provided for in this Agreement. The City's use of the Board Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board's rules, regulations and policies governing the use of the Board's Facilities; (iii) any grant or bond obligations pertaining to the use of any of the Board Facilities; and (iv) all applicable local, state and federal laws, rules, regulations, codes, ordinances, directives and guidelines. B. The City agrees to make available the City Facilities for use by the Board according to the Priority of Use at no cost or expense to the Board, except as otherwise provided for in this Agreement. The following public Schools are eligible to request use of City Facilities and the City is eligible to request use of the named public Board Facilities: 1.) Allamanda Elementary School 2.) Dwight D. Eisenhower Elementary School 3.) Palm Beach Gardens Elementary School 4.) Timber Trace Elementary School 5.) Howell L. Watkins Middle School 6.) Watson B. Duncan Middle School 7.) Palm Beach Gardens High School 8.) William T. Dwyer High School Regardless of the foregoing, the parties hereto agree that as the Board builds new schools within the jurisdictional boundaries of the City, those new schools shall be automatically added to this Agreement and this Agreement shall govern the uses therein between the parties. The Board's use of the City Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the City's rules, regulations and policies governing the use of the City's Facilities; (iii) any grant or bond obligations pertaining to the use of any of the City's Facilities; (iv) all applicable Page 4of21 local, state, and federal laws, rules, regulations, codes, ordinances, directives and guidelines. C. The City shall submit all requests for use of the Board Facilities in writing on the form attached hereto as Exhibit "B" and by this reference incorporated herein, to the Principal responsible for the management of the Board Facility or his or her designee no less than thirty (30) days prior to the date that the City desires to use the Board Facility. The Board shall be responsible for ensuring that a written response to the request is provided to the City within fifteen (15) days of the date of the request. In the event that a request is denied, the reason for denial shall be stated in the written response. If the Board Facilities to be used by the City include a football stadium, the Board shall provide the City with an estimate of the stadium Tax required to be remitted to the Board pursuant to School Board Policy 6.21, which is attached hereto and by this reference incorporated herein as Exhibit "C". The amount of the Stadium Tax shall be based on the per ticket charge in effect at the time of the use of the Board Facility and shall be subject to adjustment based on actual documented costs and number of tickets sold for Stadium Tax purposes. D. The Board shall submit all requests for use of the City Facilities in writing on the form attached hereto as Exhibit "B" to the City Manager or his or her designee, no less than thirty (30) days prior to the date that the Board or Board desires to use the City Facilities. The City shall be responsible for ensuring that a written response to the request is provided to the Board within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. E. The Board and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The Board and City agree to be responsible for all such claims and Page 5 of 21 damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. F. Without waiving the right to sovereign immunity, the parties acknowledge that they are self-insured for commercial general liability and automobile liability in the amounts specified in Florida Statutes Section 768.28, as may be amended from time to time. In the event either party maintains third-party commercial general liability or business automobile liability insurance in lieu of exclusive reliance on self-insurance, the party maintaining the third party insurance shall maintain limits of not less than Five Hundred Thousand Dollars ($500,000.00) combined single limits for bodily injury or property damage and shall add the other party as an additional insured to the commercial general liability policy, but only with respect to negligence arising out of this Agreement that is not a result of the other party's negligence. The additional insured endorsement for the City shall read "The City of Palm Beach Gardens, Florida, its City Council, its officers, employees and agents". The additional insured endorsement for the Board shall read "The School Board of Palm Beach County, Florida, its officers, employees and agents". The parties hereto agree the additional insured endorsement shall provide coverage on a primary basis. Claims-bill tailored coverage shall not be considered third party liability coverage for purposes of this Agreement. The parties to this Agreement agree to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide the other party with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to recognize as acceptable for the above-referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. G. Each party agrees to provide adequate supervision of its own activities to prevent bodily harm to the users and damage to the Facilities, taking into consideration the types of activities planned, when using the other's Facilities. When aquatic facilities Page 6 of 21 will be included in the Facilities to be utilized, the party using the Facility shall provide supervisors certified in Lifeguard Training in addition to any other supervision required hereunder. H. In the event the Facilities are damaged, the party using the Facilities of the other party shall promptly notify the other party in writing of the damage and shall reimburse the other party for the actual costs to repair the damage. Reimbursement shall be made within sixty (60) days of a written request for reimbursement of costs. I. The Facilities shall be surrendered by the party using the Facilities of the other party in the same condition as they were accepted and shall cause to be removed from the Facilities all waste, garbage and rubbish resulting from such party's use of the Facilities. J. In the event the Board Facility being used is a football stadium, the City shall remit the required Stadium Tax to the Board in accordance with the requirements of this Agreement within sixty (60) days of the date of use. K. The Board acknowledges and agrees that the City may charge a fee for: 1. Use of the City's pool facilities, including the water park, for summer and after-school programs; and 2. Use of the City's pavilions on holidays and weekends. L. The City acknowledges and agrees that the Board may charge a fee for: 1. Utilities for use of indoor facilities during times when the Board's facility is used outside of the Board's regular operating hours, including holidays and weekends; and 5. Use of Board Facilities by City's Affiliated Recreational Groups and Organizations. A. The Board agrees to make the Board Facilities available for use by the City's Affiliated Recreational Groups and Organizations at no cost or expense to the City according to the Priority of Use, except as otherwise provided for in this Agreement. Use of the Board Facilities by the City's Affiliated Recreational Groups and Organizations shall depend on availability and shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board's rules, regulations Page 7 of 21 and policies governing the use of Board Facilities; (iii) any bond or grant obligations pertaining to the use of the Board Facilities; and (iv) all applicable local, state and federal laws, rules, regulations, ordinances, directories and guidelines. B. Prior to being granted access to any of the Board Facilities, each City Affiliated Recreational Groups and Organizations shall be required to obtain a Facility Use Permit from the City. The Facility Use Permit shall, at a minimum, require the City's Affiliated Recreational Groups and Organizations to: 1. provide proof of insurance for such coverages and amounts as may be required by the Board's Director of Employee Benefits and Risk Management when Board Facilities are to be utilized and name the Board as an additional insured; 2. protect, defend, reimburse indemnify and hold the Board, its agents, employees and elected officers harmless from and against all claims, liability, expenses, costs, damages and causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from or in anyway connected to the City's Affiliated Recreational Groups and Organizations' use of the Board Facilities; 3. provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the facilities, taking into consideration the types of activities planned; 4. return the Board Facilities in the same condition as they were accepted and to remove all waste, garbage and rubbish resulting from the City Affiliated Recreational Groups and Organizations' use of the Board Facilities; 5. notify the Board of any damage to the Board Facilities resulting from the City's Affiliated Recreational Groups and Organizations' use of the Board Facilities and reimburse the Board for the actual costs to repair the damage; and 6. pay a Stadium Tax to the Board pursuant to Board Policy 6.21, if applicable. C. The Facility Use Permit issued by the City shall also indicate that the Facility Use Permit may be revoked or suspended by the City and the Board may deny Page 8 of 21 access to the Board Facilities for failure to comply with the terms and conditions of the Facility Use Permit. D. The City's Affiliated Recreational Groups and Organizations shall be required to submit all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "B" to the City Manager or his or her designee no less than forty five (45) days prior to the date the City's Affiliated Recreational Groups and Organizations desires to use the Board Facility. The City Manager or his or her designee shall coordinate scheduling of the use of the Board Facility with the Principal responsible for the management of the Board Facility or his or her designee. The Board shall be responsible for ensuring that a written response to the request is provided to the City Manager or his or her designee within fifteen (15) days of the date of the City Manager's, or his or her designee's request. In the event a request is denied, the reason for denial shall be stated in the written response. E. Notwithstanding any provision of this Agreement to the contrary, neither party shall be obligated to make their Facilities available for use by the other for tournaments or any events where admission or concession fees or charges will be collected or imposed, unless otherwise agreed to by the parties hereto. 6. Maintenance/Repair of Facilities. The parties acknowledge and agree that either party may deny a request for use of a Facility to perform maintenance or repairs to the Facility. 7. Notification of Responsibilities under Agreement. The Board agrees to notify the Principals of those schools covered under this Agreement of the terms and conditions of this Agreement and the Board's commitment to make the Board Facilities available to the City and City's Affiliated Recreational Groups and Organizations in accordance with the Priority of Use. 8. Dispute Resolution. In the event an issue arises which cannot be resolved between the Board's Principal and the City Manager, or his or her designee, regarding the use or availability Page 9 of 21 of a Facility, the dispute shall be referred to the Board's Chief Operating Officer and the City Manager, who shall both make a good faith effort to resolve the dispute. 9. Acceptance of Facilities. Neither party shall be required to make any improvements or repairs to the Facilities as a condition of use of the Facilities by the other party or City's Affiliated Recreational Groups and Organizations. The parties and City's Affiliated Recreational Groups and Organizations shall accept the Facilities in their "As is", "Where is" condition. The parties acknowledge and agree that neither party has made any warranties or representations to the other party regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party or City's Affiliated Recreational Groups and Organizations. In the event that either party's Facilities are unavailable for use by the other party for a previously scheduled event as a result of the need for unscheduled maintenance, emergency repairs or the occurrence any force majeure event, the owner of the Facility shall have no liability for any proximate, direct or indirect loss, damage, cost or injury suffered by the party seeking to use the other's Facility, other than to refund of any funds paid in advance for the use of the Facility. 10. License. Notwithstanding any provision of this Agreement to the contrary, the use the Facilities by either of the parties or the City's Affiliated Recreational Groups and Organizations shall only amount to a license to use the Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either party or the City's Affiliated Recreational Groups and Organizations any title, interest or estate in the Facilities. 11. Default. The parties agree that, in the event either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall be Page 10 of 21 entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. 12. Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party: (i) without cause upon thirty (30) days prior written notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Section 11 above. 13. Annual Appropriation. Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 14. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: • IF TO CITY: Attn. City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida, 33410-4698 • IF TO BOARD: School District of Palm Beach County Director, Real Estate Services Department 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 Page 11 of 21 15. Governing Law and Venue. This Agreement shall be construed by and governed by the laws of the State of Florida. All legal action necessary to enforce the Agreement will be held in Palm Beach County. 16. Subordination to Bond and Grant Obligations. The parties acknowledge that certain Facilities may be subject to bond covenants and restrictions or grant obligations and agree that this Agreement shall be subject and subordinate to any such covenants, restrictions and obligations. Notwithstanding any provision of this Agreement to the contrary, the parties shall not be obligated to make any Facility available for use by the other party or City's Affiliated Recreational Groups and Organizations in a manner which either party has determined, in its sole discretion, would be contrary to any of its bond or grant obligations, including, but not limited to, making any of the Facilities available at no cost when such an action would be contrary to either party's bond or grant obligations. 17. Equal Opportunity Provision. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 18. Captions. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 19. Severability. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Page 12 of 21 20. Entirety of Agreement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. Notwithstanding the foregoing, the City and the Board recognize the existence of the agreement between the City and the Board dated October 16, 2003, titled "Interlocal Agreement Between the City of Palm Beach Gardens and the School District of Palm Beach County, Florida, for the Mutual Use of Public Facilities" (referred to as the "H.L. Watkins Middle School — Lake Catherine Sports Complex Agreement"). The H.L. Watkins Middle School — Lake Catherine Sports Complex Agreement is in no way superceded, altered or diminished by this Agreement, and in the event of any conflict of terms between the H.L. Watkins Middle School — Lake Catherine Sports Complex Agreement and this Agreement, the terms of the H.L. Watkins Middle School — Lake Catherine Sports Complex Agreement shall prevail. 21. Incorporation by Reference. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 22. Amendment. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. 23. Waiver. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 24. Construction. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. Page 13 of 21 25. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes. 26. Effective Date/Term. This Agreement shall become effective when signed by the both the parties, and filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this Agreement shall be for a period of one (1) year and shall be automatically renewed up to four (4) additional consecutive one (1) year terms, unless either party provides a written notice of non-renewal to the other party thirty (30) days prior to the expiration of the then current term. 27. Supplemental Terms Specific to Palm Beach Gardens Community High School. A. Except as modified below, the terms, conditions and provisions in Paragraphs 1-26 above shall remain in full force and effect. B. The Board agrees to make the following Board Facilities at Palm Beach Gardens Community High School, located at 4245 Holly Drive, Palm Beach Gardens, FL 33410, available for use by the City, at no cost, according to the following supplemental terms, conditions and provisions: 1. Space sufficient for the City's Recreation Division's Camp operations for 2005 summer, including, but not limited to, the cafeteria, gym, locker room facilities, outdoor athletic fields, 12 classrooms and auditorium. The facilities herein shall be open for use Monday thru Friday, 7:00 A.M. to 6:30 P.M., June 1 thru August 2, 2005, provided that the gym shall be available for the Board's exclusive use during the following times: From June 6, 2005 thru June 24, 2005, during the hours of 8:00 A.M. to 1:00 P.M., and from July 11, 2005 thru July 15, 2005, during the hours of 9:00 A.M. to 3:30 P.M. In the event that any such Board Facilities are unavailable for use by the City as a result of the need for emergency repairs or the occurrence any force majeure event, there shall be no liability for any proximate, direct or indirect loss, damage, cost or injury suffered by the City. Any unscheduled Page 14 of 21 maintenance shall by performed by the Board in a way, or at times, that minimizes disruption to the City's use of the Board's Facilities, and the Board shall make a reasonable effort to make comparable replacement facilities available to the City. This provision shall not be subject to termination by the Board, except for cause, as the parties hereto understand that the City is relying on the availability of the facilities named herein for the duration and times listed above. The City shall not be required to submit a Facility Request Form, in accordance with paragraph 4.C. of this Agreement, for this use. 2. Space sufficient for evening recreation classes to be held on Tuesday and Thursday evenings from 6:30 P.M. until 9:30 P.M. for the period beginning May 2, 2005 and ending March 1, 2006, including, but not limited to, classrooms, gym, art facilities, restrooms and dance/exercise rooms. Utilities, air conditioning and rest room access shall be available for the uses and times herein. The terms, conditions and provisions in Paragraph 4.C. of this Agreement shall apply to the City's use of the Board Facilities under this paragraph. 3. Access to the general parking on the Palm Beach Gardens Community High School Campus and the football stadium, including access to the restrooms, bleachers and concession stands, for three (3) night or weekend events to be held or sponsored by the City, which shall be scheduled in advance through the School's Principal. The terms, conditions and provisions in Paragraph 4.C. of this Agreement shall apply to the City's use of the Board Facilities under this paragraph. C. Maintenance of the Recreation Fields at Palm Beach Gardens Community High School. 1. During the period beginning March 1, 2005 and ending March 1, 2006, the City shall, at its sole cost and expense, assume the obligation to maintain the Board Recreation Fields in a good and safe condition and provide all maintenance and repair to same as set forth in Exhibit "D" attached hereto. For purposes of this subparagraph, the term "Board Page 15 of 21 Recreation Fields" shall consist of the High School Stadium Field, Softball Field and Practice Field at the Palm Beach Gardens Community High School Campus. The parties acknowledge and agree that the cost of such maintenance and repair shall not exceed $100,000.00 per calendar year. The City shall provide the Board with quarterly reports detailing the amount of funds spent by the City to maintain the Board Recreation Fields, exclusive of the costs associated with the maintenance of the Lilac Street baseball field that the City is obligated to maintain pursuant to that certain Interlocal Agreement dated May 2, 2002, as amended, incorporated herein by reference. The City shall determine the level of non-routine maintenance, including facility repairs and materials to be performed under this Agreement. This provision shall not be subject to termination by the City, except for cause, as the parties hereto understand that the Board is relying on the maintenance obligations on the part of the City, in exchange for the availability of the facilities named herein for the duration and times listed in Paragraph 27.B. above. (Remainder of page intentionally left blank) Page 16 of 21 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. CITY OF PALM BEACH GARDENS, SCHOOL BOARD OF FLORIDA PALM BEACH COUNTY, FLORIDA By: v dr* ► By: _ Eric Ja•4!ayo T was F- ch, Chairman ATTEST: ATTEST: Patricia Snider, City Clerk Arthur S. Johns•n, P .D. Superinte d:nt If Sc iols Date: M-Nay Date: ) APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY C stine Tatum, City Attorney School oard Attorney Page 17 of 21 EXHIBIT "A" City's Affiliated Recreational Groups and Organizations Palm Beach Gardens Youth Athletic Association Palm beach Gardens Women's Club Page 18 of 21 THE CITY OF PALM BEACH GARDENS AND EXHIBIT "B" THE SCHOOL BOARD OF PALM BEACH COUNTY INTER-LOCAL FACILITY REQUEST FORM Date Contact Person School Name(if applicable) Phone Number Fax Number Other Contact Number Address City State/ZIP FACILITY REQUEST: Choice#1 Choice#2 Activity Age Group Estimated Attendance: Participants: Spectators: Total: Mark appropriate day(s)facility will be needed: [Monday ❑Tuesday OWednesday ❑Thursday ❑Friday OSaturday ❑Sunday Date(s): Time(s): From: am/pm to am/pm New Request I Repeat Request: Date and location of previous use: Other pertinent information(as necessary): o Requesting Principal Date fl City Manager Approve Disapprove Reason if disapproved: l ! Principal Date O City Manager Page 19 of 21 EXHIBIT "C" BOARD POLICY 6.21 FOOTBALL STADIUM TAX 1.The Superintendent shall designate a percentage of all admissions sold to events held on the senior high or full secondary school football fields of Palm Beach County Schools which will be charged and placed in a"Stadium Tax"account in the internal accounts of the school. a.This tax will not apply to the proceeds from concessions and printed programs. The tax will apply to all schools using a senior high school or a full secondary school football field. Season tickets sold will include the applicable tax for the number of events, which require the stadium tax. This tax is to be made known to the public by signs which state the amount of the stadium tax. Such signs shall be displayed prominently at each ticket booth. b.Expenditures from the stadium tax account shall be made only after approval by the area superintendent of an application submitted on the prescribed form. If approved the work order will either be implemented by the plant planning department or plant planning will approve the procedures suggested by the school. This fund will be utilized for general upkeep of the football field. Authority: 120.53, 230.22(2), FS Implemented: 120.53, 230.22(2), FS History: 1336; Revised: 4/6/83 Page 20 of 21 EXHIBIT "D" Maintenance Program and Standards Palm Beach Gardens H.S. Football and Softball Fields Activity Standard Procedure Frequency Bermuda Turf Mowing Mow to maintain 1 inch height,not Walk area to be mowed removing any debris that could cause Yearly 2xpw removing more than `/ inch per damage to the mower, alternate mowing direction N to S, or E to (100 mows) mow W every mow Aerate Core plug to relieve compaction Cross aerate by completing one pass N to S then E to W,mat drag 4xpy cores, topdress Verticut Cut to free turf from thatch Cross cut to remove thatch 1 xpy Edging Conform edge of grass to any other Establish and maintain a straight edge line from adjacent surfaces Weekly or as adjacent surface needed Repair Restore stressed turf area to Remove stressed turf, even ground, lay new sod,water in on As needed resemble adjoining turf work turf with sand for growth. Based on footage Fertilization Feed turf to achieve green growth Spread fertilizer based on label application rate for the area to be 5 xpy and provide for healthy root zone treated. Maintain constant ground speed and complete even development passes over turf. Herbicide Achieve weed free growth Spray Application 3 xpy Pesticide Achieve healthy turf Spray Application Annually and as needed Baits Eradication of mole crickets Bait Application 1-2 xpy and and ants as needed Hand weed Achieve weed free turf Remove weed including root zone with handtool, As needed minimizing turf damage Irrigation Inspect Review Operation of system Run all zones,reviewing rotations spray patterns and coverage 26 xpy area. Repair or produce work order to have work completed Repair Restore system to proper working Repair heads,piping, wires to restore water service As needed order Page 21 of 21 Resolution 112, 2009 EXHIBIT "B" FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES (the "Amendment") is made by and between the City of Palm Beach Gardens, a municipal corporation of the State of Florida, ("City"), and the School Board of Palm Beach County, Florida, a corporate body politic (the "Board"). WITNESSETH: WHEREAS, the City and Board entered into that certain Interlocal Agreement for Mutual Use of Recreational Facilities dated December 8, 2004 (the "Agreement"); and WHEREAS, the City and Board desire to extend, amend, and modify certain provisions of the Agreement as set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. Any capitalized term used, but not otherwise defined, in this Amendment shall have the meaning given to such term in the Agreement. 2. In the event of any conflict between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall control. Except as otherwise modified by the terms of this Amendment, the Parties hereby reaffirm each and every provision of the Agreement. 3. Paragraphs 3.B. and 3 E. of the Agreement are deleted in their entirety and replaced with the following: B. "City Facilities" and "City Facility" mean facilities owned or operated by the City that are made available for public use by the City and are used primarily for recreational activities, excluding facilities that are leased, licensed, or under the contractual 1 control of others. The terms "City Facilities" and "City Facility" shall include, parks; gymnasiums; pavilions; community centers; playgrounds; swimming pools; tennis, racquetball, and basketball courts; and athletic fields. Excluded specifically from this Agreement is any Golf Course or Tennis Center owned or managed by the City or its consultants. Notwithstanding the foregoing, nothing herein shall prevent the City Manager or his or her designee from allowing the School Board the right to use such facilities, subject to terms and conditions established by the parties. E. "Priority of Use" means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows: 1. Board or School Board activities and programs or Board Facility lease agreements; and 2. City and City Recognized Sports Providers activities and programs pursuant to this Interlocal Agreement; 3. Palm Beach County activities and programs pursuant to the Interlocal Agreement entered into by the School Board with Palm Beach County dated December 2, 2008; For City Facilities, the Priority of Use shall be as follows: 4. City or City Recognized Sports Providers activities and programs or City facility rental agreements or other pre-existing interlocal agreements, including those currently in effect with the School Board or other pre-existing agreements with independent consultants for use and management of City Facilities; and 5. Board or School Board activities and programs pursuant to this Agreement. 4. Paragraphs 4.B., 4.C., and 4.J. of the Agreement are deleted in their entirety and paragraphs 4.B. and 4.C. are replaced with the following: B. The City agrees to make available the City Facilities for use by the Board according to the Priority of Use at no cost or expense to the Board, except as otherwise provided for in this Agreement. The following public schools are eligible to request use of City Facilities pursuant to this Agreement: 2 1. Allamanda Elementary School 2. Marsh Pointe Elementary School 3. Palm Beach Gardens Elementary School 4. Timber Trace Elementary School 5. Howell L. Watkins Middle School 6. Watson B. Duncan Middle School 7. Palm Beach Gardens High School 8. William T. Dwyer High School The Board's use of the City Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the City's rules, regulations, and policies governing the use of the City Facilities; (iii) any grant or bond obligations pertaining to the use of any of the City Facilities; and (iv) all applicable local, state, and federal laws. C. The City shall submit all requests for use of the Board Facilities in writing on the form attached hereto as Exhibit "B" to the Principal responsible for the management of the Board Facility or his or her designee no less than thirty (30) days prior to the date that the City desires to use the Board Facility. The Board shall be responsible for ensuring that a written response to the request is provided to the City within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. The Board reserves the right to deny use of the Board Facility (School) if that particular Facility has been selected to remain closed during the summer. 5. Paragraph 5 of the Agreement is deleted in its entirety and replaced with the following: 5. Use of Board Facilities by City-Recognized Sports Providers A. The Board agrees to make the Board Facilities available for use by the City-Recognized Sports Providers at no cost or expense to the City-Recognized Sports Providers according to the Priority of Use, except as otherwise provided for in this Agreement. Use of the Board Facilities by the City-Recognized Sports Providers shall depend on availability and shall be subject to and in accordance with: (i) the terms and conditions of this Agreement, including, but not limited to, Exhibit "C"; (ii) the Board's rules, regulations, and policies governing the use of Board Facilities; (iii) any bond or grant obligations pertaining to the use of the Board Facilities; and (iv) all applicable local, state, and federal laws. 3 B. Prior to being granted access to any of the Board Facilities, each City- Recognized Sports Provider shall be required to obtain a Facility Use Permit from the City. The Facility Use Permit shall, at a minimum, require the City-Recognized Sports Provider to: 1. Provide proof of insurance for such coverages and amounts as may be required by the Board's Director of Employee Benefits and Risk Management when Board Facilities are to be utilized and name the Board as an additional insured; 2. Protect, defend, reimburse, indemnify, and hold the Board, its agents, employees, and elected officers harmless from and against all claims, liability, expenses, costs, damages, and causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from or in any way connected to the City-Recognized Sports Provider's use of the Board Facilities; 3. Provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the facilities, taking into consideration the types of activities planned; 4. Return the Board Facilities in the same condition as they were accepted and to remove all waste, garbage, and rubbish resulting from the City- Recognized Sports Provider's use of the Board Facilities; 5. Notify the Board of any damage to the Board Facilities resulting from the City-Recognized Sports Provider's use of the Board Facilities, and reimburse the Board for the actual costs to repair the damage; and C. The Facility Use Permit issued by the City shall also indicate that the Facility Use Permit may be revoked or suspended by the City, and the Board may deny access to the Board Facilities for failure to comply with the terms and conditions of the Facility Use Permit. D. The City-Recognized Sports Providers shall be required to submit all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "B" to the City Manager or his or her designee no less than forty-five (45) days prior to the date the City Recognized Sports Provider desires to use the Board Facility. The City Manager or his or her designee shall coordinate scheduling of the use of the Board Facility with the Principal responsible for the management of the Board Facility or his or her designee. The Board shall be responsible for ensuring that a written response to 4 the request is provided to the City Manager or his or her designee within fifteen (15) days of the date of such request. In the event a request is denied, the reason for denial shall be stated in the written response. E. Notwithstanding any provision of this Agreement to the contrary, neither party shall be obligated to make its Facilities available for use by the other for tournaments or any events where admission or concession fees or charges will be collected or imposed. 6. Paragraph 26 of the Agreement is deleted in its entirety and replaced with the following: 26. Effective Date/Term. This Agreement shall become effective on December 8, 2009. The term of this Agreement shall be for a period of one (1) year and shall be automatically renewed up to four (4) additional consecutive one (1) year terms, unless either party provides a written notice of non-renewal to the other party thirty (30) days prior to the expiration of the then current term. 7. Paragraph 27 of the Agreement is deleted in its entirety. 8. Exhibits "A" through "D" are hereby deleted in their entirety and replaced with the attached Exhibits "A", "B", and "C". [Signatures follow on next page] 5 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA BY: Monroe Benaim, M.D., Chairman ATTEST: BY: Arthur C. Johnson, Ph.D. Superintendent of Schools APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: School Board Attorney 6 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. CITY OF PALM BEACH GARDENS BY:__ Joseph R. Russo, Mayor ATTEST: BY. Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney /`/ 7 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, organized in 1989, the Florida Government Communicators Association is celebrating its 20th Anniversary; and WHEREAS, FGCA a statewide organization, is dedicated to maintaining and enhancing industry standards by providing members with support, educational and professional development opportunities; and WHEREAS, the Public Information Officer is responsible for the image of an organization and help to ensure that their organization is seen in a positive light; and WHEREAS, the Public Information Officer helps to maintain vital two-way communications between elected and appointed officials, staff and customers and takes a proactive approach through specialized skills and communication tools to educate and inform, change human behavior or attitudes, or call people to act in a disaster or emergency; and WHEREAS, the Public Information Officer delivers information that saves lives, protects property and minimizes negative impact on the environment. WHEREAS, on December 3 and 4, 2009, FGCA will hold its annual statewide conference in Palm Beach Gardens with the theme "Gov 2.0 — The New Speak." A list of experts has been assembled with new cutting-edge communication tools and techniques to enable them to deliver information in a timely and effective manner. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim December 3 and 4, 2009, as: Florida Government Communicators Association Days and urge all citizens to recognize the part played by government communicators in delivering important and vital information that impacts the quality of life of all citizens. ��,.,,, .,. `,, _ IN WITNESS WHEREOF, I have hereunto set my , __ hand and caused the Seal of the City of Palm E `%:4.7: Beach Gardens, Florida, to be affixed this 3rd a Day of December, in the Year Two Thousand and Seven. \.... Mayor Joseph R. Russo Attest: Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 3, 2009 CUMJ-08-09-000015 Ordinance 32,2009 Resolution 84,2009 SUBJECT/AGENDA ITEM Ordinance 32, 2009 and Resolution 84, 2009: Temple Beth David—Major Conditional Use Amendment Second Reading and Adoption: A request from Larry Winker, agent for Northern Palm Beach County Jewish Community Center, Inc.,to approve an amendment to the Conditional Use(CU)for Temple Beth David,located on the north side of Hood Road,approximately 600 feet west of Military Trail. The proposed amendment would allow the expansion of an approved one(1)story structure to include a 1,800 square feet second floor, and the addition of 15 parking spaces. The second floor addition would house a youth lounge, one(1) office space, and storage facilities. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council Action: City,•ey Growth Management: [ ] Rec. approval Project �/� 1 Finance [ ] Approval w/Conds. R.M.of ohman, Esq. Manager Administrator: [ ] Rec. Denial Kate Wilson [ ] Continued to: Development Compliance: N/A Planning Allan Owens 61-) Manager Attachments: Bahareh K. Wolfs,AICP Natalie Wong,AICP +•• Location Map ❖Traffic Concurrency Growth Management Accountant: Administrator: [X] Quasi—Judicial Letter(2001) [ ] Legislative + Ordinance 32,2009 [X] Public Hearing ❖ Resolution 84, 2009 Sarah Varga ❖Reduced Plans Kara L. Irwin, AICP Advertised: Date: November 4, 2009 Fees Paid: [X] Yes Approved By: ~ Paper: Palm Beach Post City Manager [X] Re•uired Budget Acct.#: ] Not Required N/A r-"Mo=�� Affected Parties: Ronald . .-rris [X] Notified [ ] Not Required Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 2 of 9 BACKGROUND In 1982,the Temple Beth David Master Plan was originally approved by Palm Beach County with a "Special Exception"for religious use. The Master Plan approved by the County permitted the total of 21,494 square feet; however, only 8,308 square feet was built. In October 1988,the subject site was annexed into the City of Palm Beach Gardens by Ordinance 41, 1988. The City initially gave the site a Residential Low (RL-1) zoning designation. However, in July 1997 the City initiated a rezoning to Residential High(RH), in order to be consistent with the existing future land use designation of RH. In July 1997, City Council adopted Resolution 71, 1997, approving a Conditional Use (CU) that allowed the Temple to expand from 8,308 square feet to 23,778 square feet. It is important to note that this approved expansion was never built. On September 4,2001,City Council adopted Ordinance 29,2001,which amended the CU approval to allow the addition of 21,787 square feet to the original building, permitting a total of 30,095 square feet. The 21,787 square foot expansion included a Social Hall, Sanctuary with 275 seats, a kitchen, storage space, and educational facilities to accommodate a maximum of 102 day care students. The exiting conditions on site contain 28,295 square feet of the approved 30,095 square feet. The remaining 1,800 square feet that is vested, known as Building F, is planned to be constructed in conjunction with the requested addition. The subject petition(CUMJ-08-09-000015)proposes to expand an approved one(1)story structure (i.e.Building F)to a two(2) story structure that would include a youth lounge,one(1)office space, and storage areas. The second story will be 1,800 square feet in size,the same as the approved first floor. Additionally, the Applicant proposes to add 15 grass parking spaces to accommodate the expansion, and pave 15 existing grass spaces due to over use(see Project Details). LAND USE & ZONING The subject site is zoned Residential High (RH) with a Conditional Use(CU) overlay. The future land use designation is Residential High (RH). (The remainder of this page has been intentionally left blank) Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 3 of 9 Table 1. Existin' Zonin Land Use Desi'nations I \1‘., 1 I\(: l til /O\I\C I ∎\I)t SI Subject Property Religious Institution RH —Residential High RH—Residential High North RL3 —Residential Low RH—Residential High Residential—Magnolia Bay South RL3 —Residential Low RH—Residential High Residential—Paloma East Residential—Magnolia Bay& RL3 —Residential Low RH—Residential High Evergreen PCD—Planned Community District RM—Residential Medium West Religious Institution—Gardens RH—Residential High RH—Residential High Presbyterian Church CONCURRENCY The subject property received traffic concurrency approval in accordance with Palm Beach County Traffic Performance Standards on May 9,2001,for a 30,095 square foot synagogue. The Applicant is proposing to add 1,800 square feet that will include a youth lounge, one (1) office space, and various storage areas. Because the proposed uses will be utilized by patrons,who already frequent the synagogue,the additional traffic generated from the expansion was determined to be de minimis by the City's Traffic consultant. PROJECT DETAILS Building Site The site is approximately five (5) acres in size, and is located on the north side of Hood Road, approximately 600 feet west of Military Trail and 600 feet east Central Boulevard. The proposed second story addition is approximately 1,800 square feet,which will include a youth lounge,one(1) office space,and storage area. The previously approved first floor building,known as Building F,is 1,800 square feet, and will contain additional office space for the Temple. Architecture The proposed addition will maintain the existing architecture on site. The exterior walls will match that of the existing structure in both color (Benjamin Moore #115, 911 and 117) and texture, as shown in the exterior elevations. The proposed roof elevations will be flat and have a height of 24 feet. The highest point of the existing temple reaches 32 feet,well below the allowable height in the RH zoning district. Refer to Sheets A5.1 and A6.1 of the Development Plans for more information. Parking To accommodate the 1,800 square foot expansion, a total of seven (7) parking spaces need to be Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 4 of 9 provided(1 space/250 s.f. for office space within a church). The Applicant is proposing to provide 15 grass parking spaces. The new grass parking area will include 17 parking spaces;however,due to a proposed drive aisle two (2) existing grass parking spaces will be lost, hence a total of 15 grass spaces are provided(see Master Site Plan). It should be noted that,per Section 78-372,no more than 50 percent of required parking can be grassed. The subject site requires 119 parking spaces and 47, or approximately 39 percent, are grassed. Therefore, this requirement has been met. Additionally, the Applicant is proposing to pave 15 existing grass parking spaces that have deteriorated from over use. Section 78-372 allows grass parking areas to be used no more than two (2) days or nights per week. Because the grass spaces closer to the building have been utilized on a daily basis, these spaces are proposed to be paved. Site Access The site currently has access from Hood Road along the east side of the property.The site also shares an ingress/egress with Gardens Presbyterian Church,which is to the west of the Temple. The shared entrance has been recorded on the Plats of both properties as a Reciprocal Entrance Road Easement Agreement. The shared access point can be accessed only by westbound traffic. No changes to the existing access are proposed with this petition. Signage No changes to the existing signage are proposed with this petition. Landscaping/Buffering The proposed conversion of 15 grass parking spaces to asphalt decreases the percentage of open space on the site from 55.5 percent to 53.5 percent, which exceeds the code requirement of 35 percent(Section 78-314). Phasing The expansion will be completed in one(1)phase. Drainage The existing drainage on site has a legal positive outfall. Discharge from the site flows to the retention area located at the northwest portion of the site, and contains excess capacity. The proposed petition will have only a minimal affect on the existing drainage. The drainage will maintain a legal positive outfall. Additionally,the Applicant is required to provide a drainage plan and calculations to the Director of Engineering, prior to the issuance of the first land alteration permit, per condition of approval number six (6). MAJOR CONDITIONAL USE ANALYSIS Section 78-159,Permitted,Conditional and Prohibited Use Chart,allows a Place of Worship within a RH zoning district as a Major Conditional Use. A Conditional Use Analysis has been conducted in accordance with Section 78-52, Conditional Uses, (d) Criteria, of the Land Development Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 5 of 9 Regulations. The following is staff's analysis based on the criteria set forth in Section 78-52(d),Conditional Uses: 1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The comprehensive plan designation for this site is Residential High (RH). The proposed zoning designation is Residential High(RH),which is consistent with the comprehensive plan designation. 2) Chapter requirements.The proposed use is consistent with all applicable requirements of this chapter. Staff has reviewed the petition to ensure all applicable requirements of the City's Land Development Regulations have been met. 3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. The proposed expansion is consistent with the standards listed in Section 78-159, Table 21 Permitted, Conditional and Prohibited Use Chart: Place of Worship (note 49). (Note 49) Churches and places of worship shall comply with the standards provided below: a. Less than 1,000 permanent seats or approved capacity may be located as a major conditional use in any residential zoning district, and in CG-1, CG-2, and P&I zoning districts. b. More than 1,000 permanent seats or approved capacity may be located as a major conditional use in the following districts: CGl, CG-2, PI, M-1, M-1A, and M-2. c. Typical uses associated with churches and places of worship include the following: 1. Sanctuaries,assembly halls,or similar large meeting rooms where religious services are held; 2. Community centers or fellowship halls,which may be the site of religious services, but also used for community, athletic, fraternal, social, civic, charitable, and recreational programs; 3. Offices utilized for administrative purposes related to the operation of the church or place of worship; 4. Religious merchandise or merchandise related to the operation of the house of worship may be sold in an accessory retail facility; Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 6 of 9 5. Playgrounds and athletic fields; and 6. Rectory or similar residence for religious officials, limited to one per place of worship. d. The following uses may be included within any major conditional use approval granted by the city council to establish a church or place of worship, or as an additional major conditional use operating as part of the facility: 1. School, elementary or secondary; 2. Day care, child; 3. Day care, adult; 4. Assisted living facility; and 5. Monastery or convent. e. Additional standards applicable to churches and places of worship are provided below. 1. Up to 50 percent of required parking may be grassed consistent with section 78-372 of this chapter. 2. Minimum lot size is two (2) acres. 3. Churches and places of worship with more than 1,000 seats or approved capacity shall be located on and provide primary vehicular access from the following roadways: city collector,county minor arterial,state minor arterial,state,or state principal arterial. 4. Lighting for athletic fields, parking lots, and security shall be shielded from adjacent residential zoning districts. 5. All day care centers,elementary or secondary schools,monasteries or convents,or assisted living facilities shall provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. f. Temporary uses such as special events, outside services, seasonal sales, seasonal displays,other events of a limited nature may require a special events permit or approval as required in section 78-187. The proposed expansion is in compliance with the requirements set forth in Section 78-159 (note 49). 4) Public welfare. The proposed use provides for the public health, safety,and welfare by: (a) Providing for a safe and effective means of pedestrian access; No changes to the existing pedestrian access points are proposed with this petition. Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 7 of 9 (b) Providing for a safe and effective means of vehicular ingress and egress; No changes to the existing vehicular access points are proposed with this petition. (c) Providing for an adequate roadway system adjacent to and in front of the site; No changes to the existing points of ingress and egress are proposed with this petition. (d) Providing for a safe and efficient onsite traffic circulation, parking, and overall control; and The subject petition proposes to add 15 grass parking spaces and pave 15 existing grass parking spaces, both of which will enhance the efficiency of onsite traffic circulation. (e) Providing adequate access for public safety purposes, including fire and police protection. No changes to the existing site configuration are proposed with this petition 5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening,buffering,site or building design,or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise, (b) Glare, (c) Odor, (d) Ground,wall, or roof-mounted mechanical equipment, (e) Perimeter,interior, and security lighting, (f) Signs, (g) Waste disposal and recycling, (h) Outdoor storage of merchandise and vehicles, (i) Visual impact, (.1) Hours of operation. The proposed expansion is minor in nature,cannot be seen from public right-of-way,and does not increase the number of permitted sanctuary seats or students. Visually, the proposed expansion will match the existing facade in material and color,and all mechanical equipment is required to be screened. 6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed change will have no impact on utilities on or off the site. Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 8 of 9 7) Dimensional standards. The proposed use meets or exceeds all dimensional requirement required by the chapter. All applicable dimensional requirements have been met. 8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. There is no neighborhood plan for this area. 9) Compatibility.The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The proposed expansion will include a youth lounge to be utilized by the students of the synagogue. This use is complimentary in nature to the existing use and will not negatively affect the surrounding development. 10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed expansion is minor in nature, and will be built in a logical, timely, and orderly manner. 11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. This use is complimentary in nature to the existing use, and meets the intent of this chapter. 12) Adverse impact.The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The visual impact of the proposed expansion will be minimal, and will match the existing structure in style, color, and materials. 13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created,including impact on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. The site is currently developed with an existing Temple. The proposed petition is simply adding an additional story above a previously approved building. There are no adverse environmental impacts that may occur from this petition. Meeting Date: December 3,2009 Ordinance 32,2009 and Resolution 84,2009 Page 9 of 9 DEVELOPMENT REVIEW COMMITTEE On October 28, 2008, the subject petition was reviewed by the Development Review Committee (DRC). To date, no objections have been received. Since then, staff has been working with the Applicant to address comments related to the project through the review process. PLANNING,ZONING,AND APPEALS BOARD The Planning,Zoning, and Appeals Board(PZAB)reviewed the subject petition at a public hearing on September 8, 2009 and recommend approval to the City Council of the Conditional Use Amendment by a vote of 7 to 0. CITY COUNCIL On October 15, 2009, City Council voted 5-0 to approve Ordinance 32, 2009 on first reading. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 32, 2009 and Resolution 84,2009,which includes a site plan and major conditional use with conditions. 1 ORDINANCE 32, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA RELATING TO THE EXPANSION OF 6 THE TEMPLE BETH DAVID, LOCATED ON HOOD ROAD 7 APPROXIMATELY 600 FEET WEST OF MILITARY TRAIL, AT 4657 8 HOOD ROAD; AMENDING ORDINANCE 29, 2001, WHICH APPROVED 9 THE TEMPLE BETH DAVID CONDITIONAL USE, IN ORDER TO 10 TRANSFER AND AMEND THE CONDITIONAL USE AND SITE PLAN 11 APPROVAL AND RELATED CONDITIONS TO A SEPARATE 12 RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE 13 CONDITIONAL USE MAY BE MADE BY RESOLUTION OF THE CITY 14 COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 15 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 16 DATE; AND FOR OTHER PURPOSES. 17 18 19 WHEREAS, in October 1998, the City Council adopted Ordinance 41, 1998, 20 annexing the five (5) acre parcel into the City of Palm Beach Gardens, which contained 21 an 8,308-square-foot structure; and 22 23 WHEREAS, in September 2001, the City Council adopted Ordinance 29, 2001, 24 approving an amendment to the previous Conditional Use to allow an additional 21,787 25 square feet of development for a total of 30,095 square feet; and 26 27 WHEREAS, the City has received a request (CUMJ-08-09-000015) from Larry 28 Winker, on behalf of the Northern Palm Beach County Jewish Community Center, for 29 approval of an amendment to the previous Conditional Use approval to allow a 1,800- 30 square-foot expansion for the construction of a youth lounge, office, and storage 31 facilities; and 32 33 WHEREAS, the Growth Management Department has reviewed the application 34 and has determined that it is more appropriate that the concurrent master site plan 35 approval and the conditions related thereto be approved via a separate Resolution of 36 the City Council (Resolution 84, 2009); and 37 38 WHEREAS, on September 8, 2009, the City's Planning, Zoning, and Appeals 39 Board reviewed the application and recommended that it be approved subject to the 40 conditions stated herein with a vote of 7-0; and 41 42 WHEREAS, the City Council, as the governing body of the City of Palm Beach 43 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 44 Statutes, and the City's Land Development Regulations, is authorized and empowered 45 to consider petitions related to zoning and land development orders; and 46 47 Ordinance 32,2009 1 WHEREAS, the City Council has considered the evidence and testimony 2 presented by the Petitioner and other interested parties and the recommendations of 3 the various City of Palm Beach Gardens review agencies and staff; and 4 5 WHEREAS, the City Council has determined that adoption of this Ordinance is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 LEGAL DESCRIPTION: 15 16 A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 36, 17 TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM 18 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 81, PAGES 181 AND 182, 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 20 21 CONTAINING 5 ACRES, MORE OR LESS. 22 23 SECTION 2. Any and all future amendments to the Temple Beth David 24 development plans, Conditional Use, and conditions of approval shall be approved by 25 Resolution, except as otherwise provided in the Palm Beach Gardens Code of 26 Ordinances. 27 28 SECTION 3. All ordinances or parts of ordinances in conflict be and the same 29 are hereby repealed. 30 31 SECTION 4. Should any section or provision of this Ordinance or any portion 32 thereof, any paragraph, sentence, or word be declared by a Court of competent 33 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 34 this Ordinance. 35 36 SECTION 5. Specific authority is hereby granted to codify this Ordinance. 37 38 SECTION 6. This Ordinance shall become effective immediately upon adoption. 39 40 41 (The remainder of this page intentionally left blank) 42 43 44 45 46 47 2 Ordinance 32, 2009 1 PASSED this /5 day of O GTo 6 UYZ , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Joseph R. Russo, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Eric Jablin, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 38 39 40 41 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 32 2009-temple beth david-major condition use with site plan.doc 3 1 RESOLUTION 84, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE TEMPLE BETH 6 DAVID CONDITIONAL USE AND SITE PLAN TO ALLOW A 1,800- 7 SQUARE-FOOT EXPANSION, AS DESCRIBED MORE 8 PARTICULARLY HEREIN; PROVIDING CONDITIONS OF 9 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 10 PURPOSES. 11 12 13 WHEREAS, in October 1998, the City Council adopted Ordinance 41, 1998, 14 annexing the five (5) acre parcel into the City of Palm Beach Gardens, which contained 15 an 8,308-square-foot structure; and 16 17 WHEREAS, in September 2001, the City Council adopted Ordinance 29, 2001, 18 to approve an amendment to the previous Conditional Use to allow an additional 21,787 19 square feet of development for a total of 30,095 square feet; and 20 21 WHEREAS, the City has received a request (CUMJ-08-09-000015) from Larry 22 Winker, on behalf of the Northern Palm Beach County Jewish Community Center, Inc., 23 for approval of an amendment to the previous Conditional Use approval to allow a 24 1,800-square-foot expansion for the construction of a youth lounge and office and 25 storage facilities; and 26 27 WHEREAS, the subject parcel has a Residential High (RH) zoning designation 28 and a RH Future Land Use designation; and 29 30 WHEREAS, the Growth Management Department has reviewed the application, 31 has determined that it is sufficient, and has recommended its approval; and 32 33 WHEREAS, on September 8, 2009, the City's Planning, Zoning, and Appeals 34 Board reviewed the application and recommended, with a vote of 7-0, that it be 35 approved subject to the conditions stated herein; and 36 37 WHEREAS, the City Council has considered the evidence and testimony 38 presented by the Applicant and other interested parties and the recommendations of 39 the various City of Palm Beach Gardens review agencies and staff; and 40 41 WHEREAS, the City Council deems approval of this Resolution to be in the best 42 interests of the health, safety, and welfare of the residents and citizens of the City of 43 Palm Beach Gardens and the public at large. 44 45 46 47 Resolution 84,2009 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The request by Larry Winker, on behalf of the Northern Palm Beach 7 County Jewish Community Center, Inc., for approval of an amendment to the Temple 8 Beth David Conditional Use is hereby APPROVED, subject to the conditions of approval 9 contained herein, which are in addition to the general requirements otherwise provided by 10 resolution, on the following described real property: 11 12 LEGAL DESCRIPTION: 13 14 A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 36, 15 TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM 16 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 81, PAGES 181 AND 182, 17 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 18 19 CONTAINING 5 ACRES, MORE OR LESS. 20 21 SECTION 3. This approval is subject to the following conditions, which shall be 22 the responsibility of the Applicant, its successors, or assigns: 23 24 1. The total capacity for the site, throughout each of the two phases and at 25 completion, shall be limited to a maximum of 275 sanctuary seats, 102 26 students, and 127 parking spaces (carried forward from Ordinance 29, 27 2001). 28 29 2. The Applicant, its successors, or assigns shall have to submit to the City 30 (each August) a letter certifying the number of students that are enrolled for 31 that particular school year. (Development Compliance) 32 33 3. Prior to Construction Plan approval, the Applicant shall provide an itemized 34 cost estimate for the project, including all landscaping and irrigation costs, 35 as specified in Section 78-461 of the LDR, for review and approval by the 36 City in order to establish surety. The cost estimate shall be dated, signed, 37 and sealed by a landscape architect registered in the State of Florida. 38 Surety will be based on 110 percent of the total combined approved cost 39 estimates and shall be posted with the City. (City Forester) 40 41 4. The existing vegetation located around the proposed two (2) story structure 42 meets the code requirements for foundation landscaping. The existing 43 heights are 17 feet and 14 feet for the palms and trees, respectively. 44 Should any existing palms or trees have to be replaced due to damage or 45 death during construction of the two-story addition, these heights shall 46 apply. (City Forester) 2 Resolution 84,2009 1 5. Prior to issuing the Certificate of Occupancy for the expansion area, the 2 Applicant shall remove all prohibited and invasive nonnative plants from the 3 site in accordance with Section 78-318 of the LDR. (City Forester) 4 5 6. Prior to the issuance of the infrastructure permit, the Applicant shall provide 6 construction plans, including, but not limited to, paving, grading, and 7 drainage plans, along with surface water management calculations and 8 hydraulic pipe calculations for City review and approval. The paving, 9 grading, and drainage plan and calculations shall be signed and sealed by 10 an engineer licensed in the State of Florida. (Director of Engineering) 11 12 7. Prior to the issuance of the infrastructure permit, the Applicant shall provide 13 to the City letters of authorization from the applicable utility companies 14 allowing landscaping and light poles to be placed within the utility 15 easements. (Director of Engineering) 16 17 8. Prior to the issuance of the infrastructure permit, the Applicant shall provide 18 a signed and sealed pavement marking and signage plan, or provide the 19 same on the engineering plans. (Director of Engineering) 20 21 9. Prior to the issuance of the infrastructure permit, the Applicant shall provide 22 a signed and sealed Photometric Plan and submit a Site Lighting permit for 23 the expansion area. (Director of Engineering) 24 25 10. Prior to the issuance of the infrastructure permit, the Applicant shall 26 schedule a pre-permit meeting with City staff. (Director of Engineering) 27 28 11. Prior to the commencement of construction, the Applicant shall provide all 29 necessary construction zone signage and fencing as required by the 30 Director of Engineering. (Director of Engineering) 31 32 12. Prior to the issuance of the Certificate of Completion, the Applicant shall 33 provide copies of the required FDOT testings for City review. (Director of 34 Engineering) 35 36 13. The Applicant shall provide the Director of Engineering with copies of all 37 permits, permit applications, and Requests for Additional Information (RAIs) 38 to and from regulatory agencies regarding issues on all permit applications, 39 certifications, and approvals. (Director of Engineering) 40 41 14. The construction, operation, and/or maintenance of any elements of the 42 subject project shall not have any negative impacts on the existing drainage 43 of surrounding areas. If at any time during the project development it is 44 determined by the City that any of the surrounding areas are experiencing 45 negative drainage impacts caused by the project, it shall be the Applicant's 46 responsibility to resolve said impacts in a period of time and a manner 3 Resolution 84,2009 1 acceptable to the City prior to additional construction activities. The City 2 may cease issuing building permits and/or Certificates of Occupancy until 3 all drainage concerns are resolved. (Director of Engineering) 4 5 15. The Applicant shall comply with all Federal Environmental Protection 6 Agency and State of Florida Department of Environmental Protection permit 7 requirements for construction activities. (Director of Engineering) 8 9 16. Prior to the issuance of the first building permit, the Applicant shall submit a 10 construction site security and management plan for review and approval by 11 the Police Department. Non-compliance with the approved security and 12 management plan may result in a Stop-Work Order for the PUD. (Police 13 Department) 14 15 17. The Applicant shall notify the City's Public Works Division at least ten (10) 16 working days prior to the commencement of any work/construction activity 17 within any public right-of-way within the City of Palm Beach Gardens. In the 18 case of a City right-of-way, the Applicant has at least five (5) working days 19 to obtain a right-of-way permit. Right-of-way permits may be obtained at 20 the Building Division. Failure to comply with this condition could result in a 21 Stop-Work Order of all work/construction activity within the public right-of- 22 way and the subject development site. (Public Works) 23 24 18. Prior to the Certificate of Occupancy for the expansion area, all rooftop 25 equipment shall be screened to the satisfaction of the Growth Management 26 Administrator. (Planning & Zoning) 27 28 19. Prior to the Certificate of Occupancy for the expansion area, all approved 29 modifications to the parking area shall be completed. (Planning & Zoning) 30 31 SECTION 4. This petition is approved subject to strict compliance with the 32 Exhibits attached hereto and made a part hereof as follows: 33 34 1. Site Plan, Sheet MSP 1.1, by Larry J Winker Architect, dated July 27, 2009. 35 36 2. Floor Plan, Sheet A2.1, by Larry J Winker Architect, dated August 24, 2009. 37 38 3. Elevations, Sheets A5.1 and A6.1, by Larry J Winker Architect, dated July 39 27, 2009. 40 41 4. Landscape Plan, Sheet L-1, by Gentile, Holloway, O'Mahoney & 42 Associates, Inc., dated July 17, 2001. 43 44 SECTION 5. All previous conditions of approval shall remain in full force and 45 effect except as modified hereinabove. 46 4 Resolution 84,2009 1 SECTION 6. This Resolution shall become effective immediately upon adoption. 2 3 4 PASSED AND ADOPTED this day of , 2009. 5 6 7 CITY OF PALM BEACH GARDENS, FLORIDA 8 9 10 BY: 11 Joseph R. Russo, Mayor 12 13 ATTEST: 14 15 16 BY: 17 Patricia Snider, CMC, City Clerk 18 19 20 APPROVED AS TO FORM 21 AND LEGAL SUFFICIENCY 22 23 24 BY: 25 R. Max Lohman, City Attorney 26 27 28 VOTE: AYE NAY ABSENT 29 30 MAYOR RUSSO 31 32 VICE MAYOR LEVY 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER BARNETT 37 38 COUNCILMEMBER PREMUROSO 39 40 41 42 43 44 45 46 47 G:\attorney_sharetRESOLUTIONSt2009\Resolution 84 2009-temple beth david-major conditional use with site plan.doc 5 Resolution 84, 2009 EXHIBITS PROJECT DATA SITE CRITMIA I.WL 100, 2 SECTION 36,TOWNSHIP 41 RANGE 42 EAST meta TIW R-1 cow.. .URN • LAM. .. RM 217,818 SO.FT. 5.0 ACRES 00•••••44.41.00•••••44.41.I— IO Im� WELL AS CRCCIMAM M.A.COMM ..FRAREA aIIYMAwr IF-. _� ......RA -- Q A u COROmOREO F O.AREA 5,602 50-FT. ■Pm.,MALL R COMMIX.PLC.AREA 6,106 S0.11. • •-•C Imer..rw— EAR CORM..FLOOR AREA 1,633 SOFT. I O x O�T.11∎14. EAR COROmCNEO FLOOR ARFA 4.162 SOFT. f111NRE PARNIRC / ■OA�e AR CAxomoxEO noon AREA 2.484 SO.FT. 1O"`•304. iii wMa•, ions EAR c0x0m0xm nmR ARFA 19,987 SO.R. I .mn iw Imnla Ru -�• -__- Q O P P10O!PIIWR6O EAR Ca omot E0 nom AREA 3,600 SO.FT.® �I mi-�T_-i' 9I.=• EO MOOR AREA 3,600 son. E 0 Z ` c�mru EAR mN 110900 Hoar AREA 8,308 SOFT. •- I aw,¢u. I 1-1 1 1 1 ®. / E0 11009 AAA 31,895 SO.FT.m �1\ 120.943 SO.fT. 55.5%OF SITE AREA L_ � `___1+-2 I f IT ®1'''A "°°°°•d O""° I$ GPM MAIM AM.. 96,875 SOFT. 44.5%OF SITE AREA -•- /1 to O0 NOM10 30,095 SO XT. 13.8 8 OF SITE AREA -I�- -I^'•I i --�-r-r - Ji y - .-i-r II. 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VO if 1 40 aD aDaD lak ga 4D RD' 4D 4D 40 OD OD OD 461 HOOD ROAD TEMPLE BETH DAVID PALM BEACH GARDENS, FLORIDA 4657 HOOD ROAD 4D4D aDID 1E PW l aE% I 4 D 2 771 J CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 3, 2009 Ordinance 29,2009 Subject/Agenda Item: Ordinance 29, 2009: Pole-mounted Banner Criteria First Reading: The proposed amendment to the City's Code of Ordinances would amend Chapter 78, "Land Development," including Section 78-284, "Prohibited signs and prohibited sign locations," Section 78-285, "Permitted Signs," and Section 78-751 "Definitions" and adding an additional Section 78-292, "Pole-mounted Banner Criteria". These amendments establish regulations for display of pole-mounted banners and provide for internal consistency. [X] Recommendation to APPROVE on first reading [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: N/A City Council Action: Growth Management: [ ] Rec. approval Plannin M ager: Project Costs: $ NA [ ] Rec.app.w/conds. Manager Total [ ] Rec. Denial N a e ong,AICP Allyson Black [ ] Continued to: $ NA Development Compliance Manager: Current FY N/A Funding Source: Bahareh Wolfs, • CP Ci • - [ ] Operating I.' [X] Other NA R.' a•' o man Budget Acct.#: Growth anagement N/A Attachments: Ad • i ator: Advertised: N/A • Proposed Date: Ordinance 37,2009 Kara Irwin,AICP Paper: [X]Not Required Approved by: City , .ler: Affected parties: ill v- —�� [ ]Notified Ronald . F- is [X] Not Required Meeting Date: December 3,2009 Ordinance 29,2009 EXECUTIVE SUMMARY On May 21, 2009, the City Council requested staff to research and create criteria for both permanent pole-mounted banners as well as temporary banners for the City Council's consideration. The proposed Land Development Regulations Text Amendment removes banners as prohibited signage only approvable by City Council in the City of Palm Beach Gardens and sets forth a process and criteria by which pole-mounted banners may be approved by the City Council in the City. BACKGROUND As discussed during the May 21, 2009, City Council meeting, the City's Land Development Regulations currently prohibit banners, unless specifically approved by City Council or for a special event. The City has had two applications for permanent pole-mounted banners for development projects within the last two years, PGA Commons and Legacy Place. This was the first time that the development community requested the permanent use of banners on a project, as opposed to temporary grand opening or special event banners. At the May 21, 2009, City Council meeting, City Council directed staff to research and create criteria for both permanent pole-mounted banners as well as temporary banners for the City Council's consideration. On June 18, 2009, the City Council was presented the proposed criteria for permanent pole-mounted banners and temporary holiday banners. On August 18, 2009, the City Council approved permanent and temporary holiday banners at the Legacy Place Mixed-Use Planned Community District based upon the criteria previously presented. SUMMARY OF PROPOSED CHANGES The following sections of the City's Land Development Regulations are proposed to be amended: Sec. 78-284. Prohibited signs and prohibited sign locations. (a) (This subsection shall remain in full force and effect as previously adopted.) (b)-(g) (These subsections shall remain in full force and effect as previously adopted.) (h) Other prohibited signs. In addition to the prohibited signs indicated above, the following signs are prohibited in the city: (1) Awning signs, unless otherwise provided herein; (2) Bunting, pennants, streamers, banners, and other similar signs or devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, the city council may approve the use of pole-mounted banners may be permitted in accordance with Section 78-292. (3)-(24) (These subsections shall remain in full force and effect as previously adopted.) i Severabii h•uld an_•rovi ion of Section 78-2:4 or an_••rtion hereof an 2 Meeting Date: December 3,2009 Ordinance 29,2009 paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of Section 78-284. [NOTE: This allows pole-mounted banners to be permitted in accordance with Section 78- 292 and adds a severability clause.] Sec. 78-285. Permitted signs. Table 24: Permanent Signs Max. Max. Permitted Maximum Sign Size Sign Maximum Zoning Dimensions Other Limits Type Districts (S). Faces Number (1) Commercial Pole and/or 1 per light 3 feet width *Meet all Mixed Use 21 sq. pole and/or mounted and/or feet 2 pedestrian by 7 feet requirements in Banner Public length Section 78-292 Institutional [NOTE: This adds a pole-mounted banner to the permanent sign section with criteria.] Sec. 78-292. Pole-mounted Banner Criteria. Pole-mounted banners shall only be permitted in public institutional, commercial or mixed-use zoned areas for the limited purposes of brand identification or as a holiday decoration provided the following conditions are met: (a). A miscellaneous plan approval by city council is required for all pole-mounted banner programs, except those installed on City property by the City. Any additional pole-mounted banners, graphics, locations or increase of sign square footage other than what was previously a• sr ved b ci e ncil re•uires a new mi cellan-ous •lan review as •roval. A e. •f the • • •li .ti•n •r• - the as•licant mus om.fete a detail-d i'n •ro'ram o in lude: 1. A copy of a current site plan showing all the proposed locations where the pole-mounted banners are to be placed-, 2. The light pole detail upon which the pole-mounted banner is to be located; h- ,•1--mounted •. -r's • • sh•11 •- limi es t• th- n. - of the dev-lo em-nt th- development's logo and development's branding, which does not include any individual business name,tenant or individual business' logo. 4. All •raphic designs, variations and/or seasonal sets of the banners must be provided for 3 Meeting Date: December 3,2009 Ordinance 29,2009 city council review and approval in accordance with the criteria set forth herein. City Council may prescribe specific time periods during which a particular seasonal set of banners may be displayed if approval of more than one set of banners is sought by the applicant. (b). The program shall meet the following requirements: 1. Pole-mounted banners must be located on an existing light pole; 2. One (1) pole-mounted banner per light pole may be permitted; 3. Pole-mounted banners on light poles shall be two-sided with the identical design on each 4. Trees, palms, or shrubs shall not be pruned beyond the limits of the city codes or accepted maintenance standards in order to facilitate the placement of any banners; 5. Banners shall not interfere or block any existing or future traffic or pedestrian controls or signage; 6. Within 24 hours of announcement of a tropical storm or hurricane watch by the National Hurri e -nt-r whi h *laces the Cit wi hin the "3-da one •f .robabilit_" all •41-- mounted banners shall be removed; 7. The City may require the removal of any pole-mounted banner should the City find that the pole-mounted banner is in a state of disrepair or is not being maintained appropriately with respect to accepted maintenance standards (not faded, free from rips and tears,, o ro.eri .tta he• untatt-r-• an• . -n-rall in a st.t- of •.od re..it . The . . .licant hall either remove or replace the banner within ten(10) calendar days of being noticed; :. All s•1- hole in sr . .ortin'_.of -m• t-d banner shall re• .ire . built in._.- it in order to verify the safety and wind loads of the banners; 9. Pole-mounted banners shall only be interior to a particular site or development and shall not be placed in an area immediately adjacent to a public right-of-way; 10. Light poles with pole-mounted banners shall be a minimum of fifteen (15) feet from the property line and no portion of the pole-mounted banner shall extend into or be visible from . . .li i'ht-.f- . imme•ia el .•'acent to th- ors se sr dev-1. .m-n .on which such pole mounted banners are located; 11. The minimum clearance of banners above the finished grade shall be eight(8) feet; 12. Non-rectangular pole-mounted banners shall conform only to the maximum banner area ri -ri. .r.vidin. . minim 1-aranc- of -''ht : f-- .beve the fini h-d irate i maintained. 4 Meeting Date: December 3,2009 Ordinance 29,2009 13. Banner Size: a. Pole-mounted banners on light poles shall meet the following dimensions: Height of Maximum Maximum Light Pole Banner Area Dimensions 20 to 25 Feet 21 square feet 3 feet width by 7 feet length Less than 20 Feet 4.5 square feet 1.5 feet width by 3 feet length b. A banner's highest point shall not exceed the highest point of the pole upon which it is mounted. [NOTE: This provides criteria to be met for the submission and consideration of approval by the City Council for pole-mounted banners in the City of Palm Beach Gardens.] Section 78-751. Definitions. Sign, Pole-mounted banner means signage that has letters, illustrations, or drawings that are applied to fabric or vinyl and are attached to a street pole or light pole in accordance with Section 78-292. Sign, light pole means a sign, banner, streamer, etc., mounted on a light pole or similar structure, [NOTE: This provides for a definition of"pole-mounted banner" for consistency in the City's Land Development Regulations.] PLANNING, ZONING AND APPEALS BOARD (PZAB) On November 10, 2009, the Planning, Zoning and Appeals Board unanimously approved the proposed criteria with a 7-0 vote. STAFF RECOMMENDATION Staff recommends approval of Ordinance 29, 2009 on first reading. 5 1 ORDINANCE 29, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. BY REPEALING SUBSECTION 78-284(h)(2) AND 7 READOPTING SAME AS REVISED AND ADOPTING NEW 8 SUBSECTION 78-284(i); FURTHER AMENDING CHAPTER 78. BY 9 AMENDING TABLE 24. PERMANENT SIGNS. OF SECTION 78-285. 10 PERMITTED SIGNS. IN ORDER TO REVISE AND CLARIFY THE 11 CRITERIA REGULATING PERMANENT BANNERS; FURTHER 12 AMENDING CHAPTER 78. BY ADOPTING NEW SECTION 78-292. 13 POLE-MOUNTED BANNER CRITERIA.; FURTHER AMENDING 14 CHAPTER 78. AT SECTION 78-751. DEFINITIONS. TO PROVIDE 15 DEFINITIONS FOR "SIGN, POLE-MOUNTED BANNER" AND TO 16 REPEAL THE DEFINITION FOR "SIGN, LIGHT POLE"; PROVIDING 17 THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF 18 CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL 19 FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A 20 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 21 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 22 FOR OTHER PURPOSES. 23 24 25 WHEREAS, the City Council has determined that a need exists to create criteria 26 for permanent and temporary banners in the City of Palm Beach Gardens; and 27 28 WHEREAS, on June 18, 2009, City Council discussed general criteria that would 29 be suitable to include for permanent pole-mounted banner and temporary banner 30 criteria; and 31 32 WHEREAS, City staff has initiated an amendment (Petition LDRA-09-07-000024) 33 to the City's Land Development Regulations amending Chapter 78. Land Development. 34 in order to address the City Council's concerns; and 35 36 WHEREAS, the proposed code is consistent with previously-discussed criteria; 37 and 38 39 WHEREAS, on November 10, 2009, the Planning, Zoning, and Appeals Board, 40 sitting as the Local Planning Agency, conducted a public hearing and recommended 41 approval and adoption of the proposed amendment to the City Council with a vote of 7- 42 0; and 43 44 WHEREAS, the City Council deems approval of this Ordinance to be in the best 45 interests of the health, safety, and welfare of the residents and citizens of the City of 46 Palm Beach Gardens and the public at large. Ordinance 29,2009 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. Chapter 78. Land Development. of the Code of Ordinances of the 7 City of Palm Beach Gardens, Florida is hereby amended at Section 78-284. Prohibited 8 signs and prohibited sign locations. by repealing subsection (h)(2) and readopting 9 same, as revised, and adopting an entirely new subsection (i); providing that Section 10 78-284 shall hereafter read as follows: 11 12 Sec. 78-284. Prohibited signs and prohibited sign locations. 13 14 (a) (This subsection shall remain in full force and effect as previously adopted.) 15 16 (b)-(g) (These subsections shall remain in full force and effect as previously adopted.) 17 18 (h) Other prohibited signs. In addition to the prohibited signs indicated above, the 19 following signs are prohibited in the city: 20 21 (1) (This subsection shall remain in full force and effect as previously 22 adopted.) 23 24 (2) Bunting, pennants, streamers, fie, and other similar signs or devices 25 normally but not always installed in a series, designed to move with the wind, and 26 usually attached to buildings, trees, ropes, poles, and similar structures; provided, 27 however, the use of pole-mounted banners may be 28 permitted in accordance with Section 78-292. 29 30 (3)-(24) (These subsections shall remain in full force and effect as previously 31 adopted.) 32 33 (i) Severability. Should any provision of Section 78-284, or any portion thereof, any 34 paragraph, sentence, or word be declared by a Court of competent jurisdiction to be 35 invalid, such decision shall not affect the validity of the remainder of Section 78-284. 36 37 SECTION 3. Chapter 78, Land Development of the Code of Ordinances of the 38 City of Palm Beach Gardens, Florida is hereby amended at Section 78-285. Permitted 39 signs. by adding "Pole-mounted Banner" and regulations for same to the list of 40 permanent signs contained in Table 24; providing that the regulations for "Pole-mounted 41 banner" as appended to Table 24 shall hereafter read as follows: 42 43 44 45 46 47 2 Ordinance 29,2009 1 Sec. 78-285. Permitted signs. 2 3 Table 24: Permanent Signs 4 *** Permitted Max. Max. Maximum Sign Zoning Size Sign Maximum Dimensions Other Limits Type Districts (Sq.t Faces Number (1) Commercial and/or 1 per light *Meet all Pole- Mixed Use 21 pole and/or 3 feet width requirements mounted and/or sq. 2 pedestrian by 7 feet in Section 78- Banner Public felt length 292 Institutional 5 6 SECTION 4. Chapter 78, Land Development of the Code of Ordinances of the 7 City of Palm Beach Gardens, Florida is hereby amended by adopting an entirely new 8 Section 78-292. Pole-mounted banner criteria.; providing that new Section 78-292 shall 9 hereafter read as follows: 10 11 Sec. 78-292. Pole-mounted banner criteria. 12 13 Pole-mounted banners shall only be permitted in public institutional, commercial, or 14 mixed-use zoned areas for the limited purposes of brand identification or as a holiday 15 decoration; provided the following conditions are met: 16 17 (a) A miscellaneous plan approval by city council is required for all pole-mounted 18 banner programs, except those installed on city property by the city. Any additional 19 pole-mounted banners, graphics, locations, or increase of sign square footage other 20 than what was previously approved by city council requires a new miscellaneous plan 21 review approval. As part of the application process, the applicant must complete a 22 detailed sign program to include: 23 24 1. A copy of a current site plan showing all the proposed locations where the 25 pole-mounted banners are to be placed; 26 27 2. The light pole detail upon which the pole-mounted banner is to be located; 28 29 3. The pole-mounted banner's copy shall be limited to the name of the 30 development, the development's logo, and development's brandina, which does 31 not include any individual business name, tenant, or individual business' logo. 32 33 34 35 36 37 3 Ordinance 29,2009 1 4. All graphic designs, variations, and/or seasonal sets of the banners must be 2 provided for city council review and approval in accordance with the criteria set 3 forth herein. City council may prescribe specific time periods during which a 4 particular seasonal set of banners may be displayed if approval of more than one 5 set of banners is sought by the applicant. 6 7 (b) The program must satisfy the following requirements: 8 9 1. Pole-mounted banners must be located on an existing light pole; 10 11 2. One (1) pole-mounted banner per light pole may be permitted; 12 13 3. Pole-mounted banners on light poles shall be two-sided with the identical 14 design on each side; 15 16 4. Trees, palms, or shrubs shall not be pruned beyond the limits of the city 17 codes or accepted maintenance standards in order to facilitate the placement of 18 any banners; 19 20 5. Banners shall not interfere or block any existing or future traffic or 21 pedestrian controls or signage; 22 23 .. Within 24 hours of announcement of a tropical storm or hurricane watch by 24 the National Hurricane Center, which places the city within the "3-day cone of 25 probability," all pole-mounted banners shall be removed; 26 27 7. The city may require the removal of any pole-mounted banner should the 28 city find that the pole-mounted banner is in a state of disrepair or is not being 29 maintained appropriately with respect to accepted maintenance standards (e.g., 30 not faded, free from rips and tears, properly attached, untattered, and generally 31 in a state of good repair). The applicant shall either remove or replace the 32 banner within ten (10) calendar days of being noticed; 33 34 8. All poles holding or supporting pole-mounted banners shall require a 35 building permit in order to verify the safety and wind loads of the banners; 36 37 9. Pole-mounted banners shall only be interior to a particular site_ or 38 development and shall not be placed in an area immediately adjacent to a public 39 right-of-way; 40 41 10. Light poles with pole-mounted banners shall be a minimum of fifteen (15) 42 feet from the property line, and no portion of the pole-mounted banner shall 43 extend into or be visible from a public right-of-way immediately adjacent to the 44 property or development upon which such pole-mounted banners are located; 45 46 4 Ordinance 29,2009 1 11. The minimum clearance of banners above the finished grade shall be eight 2 (81 feet; 3 4 12. Nqp-rectangular pole-mounted banners shall conform only to the maximum 5 banner area criteria providing that a minimum clearance of eight (8) feet above 6 the finished grade is maintained; 7 8 13. Banner Size: 9 10 a. Pole-mounted banners on light poles shall meet the following 11 dimensions: 12 Height of Maximum Maximum Light Pole Banner Area Dimensions 20 to 25 Feet 21 square feet 3 feet width by 7 feet length Less than 20 4.5 square feet 1.5 feet width by 3 Feet feet length 13 14 b. A banner's highest point shall not exceed the highest point of the pole 15 upon which it is mounted. 16 17 SECTION 5. Chapter 78, Land Development of the Code of Ordinances of the 18 City of Palm Beach Gardens, Florida is hereby amended at Section 78-751. Definitions. 19 by adding a new definition for the term "Sign, pole-mounted banner" and deleting "Sign, 20 light pole", which shall be placed in alphabetical order in or removed from the list of 21 definitions, providing that "Sign, pole-mounted banner" shall hereafter be defined and 22 read as follows: 23 24 Sec. 78-751. Definitions. 25 26 Sign, pole-mounted banner means signage that has letters, illustrations, or drawings 27 that are applied to fabric, vinyl, or similar material and is attached to a street pole or light 28 pole in accordance with Section 78-292. 29 31 - - - - -, - - - - _- - - - -- - - - - - - - - - , • - - - - - - - . 32 e _= - - - - e -• - - - - - -e - - - - - - - — • 33 34 SECTION 6. All ordinances or parts of ordinances in conflict be and the same 35 are hereby repealed. 36 37 SECTION 7. Should any section or provision of this Ordinance or any portion 38 thereof, any paragraph, sentence, or word be declared by a Court of competent 39 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 40 this Ordinance. 5 Ordinance 29,2009 1 SECTION 8. Specific authority is hereby granted to codify this Ordinance. 2 3 SECTION 9. This Ordinance shall take effect immediately upon passage. 4 5 6 PASSED this day of , 2009, upon first reading. 7 8 PASSED AND ADOPTED this day of , 2009, upon second 9 and final reading. 10 11 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 12 13 BY: 14 Joseph R. Russo, Mayor 15 16 17 David Levy, Vice Mayor 18 19 20 Eric Jablin, Councilmember 21 22 23 Jody Barnett, Councilmember 24 25 26 Robert G. Premuroso, Councilmember 27 28 29 ATTEST: 30 31 32 BY: 33 Patricia Snider, CMC, City Clerk 34 35 36 APPROVED AS TO FORM AND 37 LEGAL SUFFICIENCY 38 39 40 BY: 41 R. Max Lohman, City Attorney 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\ordinance 29 2009-banners-final.doc 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 3,2009 Ordinance 37,2009 Subject/Agenda Item: Ordinance 37, 2009: Art in Public Places—Art Maintenance and Selection Process First Reading: The proposed amendment to the City's Code of Ordinances would amend Chapter 78, "Land Development," at Section 78-261, "Art in Public Places requirements" to provide regulations for public art selection, and to provide for the use of art impact funds for maintenance of publicly-owned art; further amending Chapter 78 by removing the definitions from 78-261 and placing them into Section 78-751, "Definitions". [X] Recommendation to APPROVE on first reading [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: N/A City Council Action: Growth Management: [ ] Rec. approval Planni ana er: Project Costs: $ NA [ ]Rec.app.w/conds. Manager_ Total [ ]Rec.Denial N take Wong,AICP Allyson Black [ ] Continued to: $ NA Development Compliance Current FY Manager: N/A Funding Source: Bahareh Wolfs,AICP City A •. ey/ [ ] Operating 44: [X]Other NA R. ax r ohman Budget Acct.#: Growth Management N/A Attachments: Ad • 'stator: Advertised: N/A • Proposed Date: Ordinance 37,2009 Kara Irwin,AICP Paper: [X]Not Required Approved by: Cit • .Ler: Affected parties: si 1,■111r [ ]Notified Rona • M. F rris [X]Not Required Meeting Date: December 3,2009 Ordinance 37,2009 EXECUTIVE SUMMARY The proposed amendment to the city's code of ordinances would amend Chapter 78, "land development," at section 78-261, "art in public places requirements" to provide regulations for public art selection and to provide for the use of art impact funds for maintenance of publicly- owned art; further amending Chapter 78 by removing the definitions from 78-261 and placing them into section 78-751, "Definitions". BACKGROUND During the budget discussions for fiscal year 2009-2010, the topic of maintenance of City — owned works of art became a concern. Currently, the City owns and maintains four public pieces of art (Contiguous Currents, Trip Tyce, Be Right Back and Double Rainbow), and will potentially be maintaining in the future eight (8) future bus shelters and art at Lake Catherine. The drafted Ordinance addresses this concern by providing for the allowance of a portion of the art impact fund to be used for maintenance of publicly-owned art. It also provides clarification on the selection process for art work purchased from the art impact fund. On October 20, 2009, the Art in Public Places Board discussed the proposed Ordinance and made a few minor changes and comments. Those comments have been incorporated in the Ordinance as presented. SUMMARY OF PROPOSED CHANGES The following sections of the City's Land Development Regulations are proposed to be amended: Sec. 78-261. Art in public places requirements. (a) Definitions. The following words, terms, and phrases, when used in this division, shall have different meaning. (1) Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site, but excluding site „f nstructufe (2) Development means any project to construct or remodel any private or public . . - • , - - •. .. .. . - •. . •. $1,000,000.00. (3) Art, artwork, or works of art means all tangible creations by artists exhibiting the in any medium, material, or combination thereof, including, but not limited to, painting, tapestries, photographs, drawings, artist designed seating, or other functional aft pieces and 2 Meeting Date: December 3,2009 Ordinance 37,2009 with all hard costs and soft costs such as, but not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated with the art and approved by the growth (1) Artist or professional artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, training in the arts, income realized through the sole commission of artwork, frequent or consistent art exhibitions, art-fielel- [NOTE: This section has been moved to a more appropriate location in Section 78-751. "Definitions" in the City's Land Development regulations] ( (a) Application requirements. The applicant shall provide the information described below and any additional information requested by the growth management department necessary to review the application pursuant to the standards of the Code. (1) Application forms. The application shall be made on forms provided by the growth management department. (2) Artist information. Portfolio containing photographs of the artist's existing work, exhibition and sales history, and biography. (3) Miscellaneous plans, renderings, and details. Artist's color renderings and/or photographs of proposed artwork; materials sample board; site plan depicting the proposed location of the artwork; landscape plan, if necessary, depicting additional landscaping or modifications to existing landscaping; architectural elevations, if necessary, depicting structures associated with the artwork; lighting location plan and light fixture details; or other information requested by staff, the art in public places advisory board, or the city council. All submittals shall be required to provide an accurate representation of the proposed artwork. (e)(b) Violations. Violation of this chapter shall be subject to enforcement as provided in article VII. (4) Requirements for art or fee in lieu of art. All new development, except city projects, where total vertical construction costs of all buildings on a project site are equal to or greater than $1,000,000.00 shall provide art valued in an amount of one percent of the total vertical construction costs, as provided in this section and section 78-262. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall contribute the required one percent of construction cost towards art in public places for the building project. The art fee for redevelopment of an existing building shall be calculated based on the construction costs of the new development, excluding the assessed value of the existing 3 Meeting Date: December 3,2009 Ordinance 37,2009 buildings that are replaced or redeveloped. (1) Private development. A private developer may choose either to provide artwork on the project site or to contribute one percent of the total vertical construction costs to the city's art impact fund. The city's art impact fund shall be interest bearing with all interest to be retained by the city. a. —b. (These subsections shall remain in full force and effect as previously adopted.) (2) Art impact fund. When the developer provides a fee in lieu of artwork pursuant to subsection 78-261(d)(1)b., the following shall apply to the use of the funds: a. The fee shall be placed in the city's art impact fund. Funds from the art impact fund may be spent anywhere in the city, and such funds may be spent on any art or art-related costs such as, but not limited to, lighting, consulting, landscaping, aesthetic features or enhancements, maintenance of art work, and to promote public art and the public art process in the City. Art impact funds ahal b. Artist selection. - - . . -. ., • . . . . - ., . . artists and artwork. The selection and commissions of the artists and artwork • • - - - - -- - - - • ., . ., • . The city council may choose either to select an artist through a call-to-artist process or to procure works of art through commission via written contract with a specific artist for a specific work of art. i. Call to artists. If a preferred artist has not been determined, the city may issue a call to artists to procure a work or works of art. A selection committee will review the submitted proposals and shall select at least two (2) finalists for consideration by the art in public places advisory board. The art in public places advisory board shall review the finalists' proposals and make a recommendation to the city council on the selection and commission of the artist and the artwork. The selection and commission of the artist and artwork shall be by written contract between the city and the artist. Final decision-making authority regarding the artwork and artist shall be at the sole discretion of the city council. ii. Artist/artwork selection. The city may utilize funds allocated from the art impact fund to retain a specific artist for a specific artwork on city- owned land, a city-owned building, a facility that is leased or rented by the city, on Palm Beach County land with an inter-local agreement, or on private property where the City has a use and maintenance easement. The selection and commission of the artist and artwork shall be by written 4 Meeting Date: December 3,2009 Ordinance 37,2009 contract between the city and artist. Final decision-making authority regarding the artwork and artist shall be at the sole discretion of the City council. iii. Contracts for artwork. Artists, as a part of any commission or contract with the city for the provision of artwork, shall be required to submit to the city a "Maintenance and Inventory Sheet," which shall include an annual cost estimate for the annual maintenance necessary in order to properly preserve and maintain the artwork in substantially the same condition that it was in when accepted by the city. [NOTE: This section has further improved and clarified the process for artist selection and art work selection] c. —e. (These subsections shall remain in full force and effect as previously adopted.) f. Maintenance of artwork. The art impact fund shall be utilized to cover the costs of acquiring and maintaining public works of art purchased for display on city-owned, -leased, or -rented property/buildings, on Palm Beach County land with an inter-local agreement, or on private property where the City has a use and maintenance easement. i. Art impact maintenance fund. The city council shall designate portions of the art impact fund in order to provide for the maintenance and upkeep of all publicly-owned works of art in order to ensure that proper preservation and maintenance is provided. ii. Art maintenance requirement. When the city council approves the acquisition of a public work of art, the city council shall designate funds from the art impact fund dedicated to the continual maintenance and preservation of the subject work of art for a period of no less than twenty- five (25) years. iii. Maintenance funds. Maintenance funds may be expended to cover any and all expenses reasonably associated with the maintenance and preservation of public works of art. INOTE: This section will ensure adequate funds are available for art maintenance for future years of the art projects] Section 78-751. Definitions. Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site, but excluding site infrastructure and parking garages. Development means any project to construct or remodel any private or public 5 Meeting Date: December 3,2009 Ordinance 37,2009 development, except residential and/or residential components of a mixed-use development, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. Art, artwork, or works of art means all tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, painting, sculptures fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, artist-designed seating, or other functional art pieces and collaborative design projects between architects and/or landscape architects and artists, together with all hard costs and soft costs such as, but not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated with the art and approved by the growth management administrator. The city council shall not consider for approval art objects which are mass-produced in unlimited quantities. Artist or professional artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, training in the arts, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, and receipt of honors and awards in the art field. [NOTE: This section has been moved from Section 78-261 for consistency in the Land Development Regulations] PLANNING, ZONING, AND APPEALS BOARD On November 10, 2009, the Planning, Zoning and Appeals Board unanimously approved the proposed code change for the art maintenance and selection process with a 7-0 vote. STAFF RECOMMENDATION Staff is recommending approval of Ordinance 37, 2009 on first reading. 6 Ordinance 37,2009 1 ORDINANCE 37, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. AT SECTION 78-261. ART IN PUBLIC PLACES 7 REQUIREMENTS. BY REPEALING SUBSECTION (a) IN ITS ENTIRETY 8 AND BY REPEALING SUBSECTION (d)(2) AND READOPTING SAME, 9 AS REVISED FOR INTERNAL CONSISTENCY AND TO PROVIDE 10 REGULATIONS FOR PUBLIC ART SELECTION AND TO PROVIDE FOR 11 THE USE OF ART IMPACT FUNDS FOR MAINTENANCE OF PUBLICLY- 12 OWNED ART; FURTHER AMENDING CHAPTER 78. AT SECTION 78- 13 751. DEFINITIONS. TO PROVIDE DEFINITIONS FOR "CONSTRUCTION 14 COST", "DEVELOPMENT", "ART, ARTWORK, OR WORKS OF ART", 15 AND "ARTIST OR PROFESSIONAL ARTIST"; PROVIDING THAT EACH 16 AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. 17 LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT 18 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 19 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING 20 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 21 22 23 WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens contains 24 provisions for an Art in Public Places program, at Chapter 78, Division 6 "Public Places," 25 Subdivision 1. "Art in Public Places"; and 26 27 WHEREAS, The City updated the Code of Ordinances through the adoption of 28 Ordinance 17, 2000, which inadvertently omitted the maintenance fund requirement; and 29 30 WHEREAS, the City updated the Art in Public Places program through the adoption of 31 Ordinance 11, 2002, Ordinance 17, 2004 and Ordinance 1, 2007; and 32 33 WHEREAS, the City Council of the City of Palm Beach Gardens has determined that a 34 need exists to revise and clarify certain code provisions regulating art in public places; and 35 36 WHEREAS, the revised regulations provide for clarification of the selection process for 37 artwork purchased using art impact funds and provide for the use of such funds for 38 maintenance and preservation of publicly-owned art; and 39 40 WHEREAS, this Ordinance was reviewed by the Planning, Zoning and Appeals Board, 41 sitting as the Local Planning Agency, at a public hearing on November 10, 2009, and the 42 Board recommended approval by a vote of 7 to 0; and 43 44 WHEREAS, the City Council deems approval of this Ordinance to be in the best 45 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 46 Beach Gardens and the public at large. 47 48 1 Ordinance 37,2009 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 2 PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. Chapter 78, Land Development of the Code of Ordinances of the City of 5 Palm Beach Gardens, Florida is hereby amended at Section 78-261. "Art in public places 6 requirements." by repealing subsection (a) in its entirety and re-lettering former subsections 7 (b) — (d) as new subsections (a) — (c); providing that Section 78-261 shall hereafter read as 8 follows: 9 10 Sec. 78-261. Art in public places requirements. 11 12 - - _ - - - - - -, - - - - - --, -- - - • - - - •, - - 14 15 - - - - - - - - - - - - --- - - - - - - - - - - - -' '. •16 - - - _- - - _ -- - - - - - - - - - - - e - - e - - -, - - - - - - - -' - 17 infrastructure. 18 - - - = - - - - e -e -- - - - - • - - = - - • - - - - - - '- 20 - - - - • - • _ - - 21 , 22 - ., _ e - _ - -- - - - - - e e - _ e - - _ _ • _ _ - - 23 • - =- - - - - - • - - - - - - -- - - - - - - - - - - - •- - - - 26 -- - - -•- - - - -, - - _- --, - - - - - - - - - -, - - e --•: - -: - - _ 29 - - • • - -, - - - - - - - - - - _- - - - 32 . • - - - - - - - - - .. - - - - - - - - - - - - - - - - - - 33 = - - - _- - - "-- - - - _- - - - - - - --- - - - - - - - - - - - ' - -- - - - - 34 - _ - - - - - - - - - - - -- - - - - - - - -, - - - - e, - _ - 35 - - _ _ - - - - - - - - - . .. --•- - - - _- - - • - - - - 37 38 39 (a) Application requirements. The applicant shall provide the information described below 40 and any additional information requested by the growth management department necessary 41 to review the application pursuant to the standards of the Code. 42 43 (1) Application forms. The application shall be made on forms provided by the 44 growth management department. 45 46 (2) Artist information. Portfolio containing photographs of the artist's existing work, 47 exhibition and sales history, and biography. 48 2 Ordinance 37, 2009 1 (3) Miscellaneous plans, renderings, and details. Artist's color renderings and/or 2 photographs of proposed artwork; materials sample board; site plan depicting the 3 proposed location of the artwork; landscape plan, if necessary, depicting additional 4 landscaping or modifications to existing landscaping; architectural elevations, if 5 necessary, depicting structures associated with the artwork; lighting location plan and 6 light fixture details; or other information requested by staff, the art in public places 7 advisory board, or the city council. All submittals shall be required to provide an 8 accurate representation of the proposed artwork. 9 10 (s)�b), Violations. Violation of this chapter shall be subject to enforcement as provided in 11 article VII. 12 13 (d-} Requirements for art or fee in lieu of art. All new development, except city projects, 14 where total vertical construction costs of all buildings on a project site are equal to or greater 15 than $1,000,000.00 shall provide art valued in an amount of one percent of the total vertical 16 construction costs, as provided in this section and section 78-262. All buildings within 17 planned unit developments and planned community districts shall be assessed cumulatively 18 towards the art in public places requirement, even if they are permitted separately. If the 19 aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of 20 development shall contribute the required one percent of construction cost towards art in 21 public places for the building project. The art fee for redevelopment of an existing building 22 shall be calculated based on the construction costs of the new development, excluding the 23 assessed value of the existing buildings that are replaced or redeveloped. 24 25 (1) Private development. A private developer may choose either to provide artwork 26 on the project site or to contribute one percent of the total vertical construction costs to 27 the city's art impact fund. The city's art impact fund shall be interest bearing with all 28 interest to be retained by the city. 29 30 a. — b. (These subsections shall remain in full force and effect as previously 31 adopted.) 32 33 (2) Art impact fund. When the developer provides a fee in lieu of artwork pursuant 34 to subsection 78-261(d)(1)b., the following shall apply to the use of the funds: 35 36 a. The fee shall be placed in the city's art impact fund. Funds from the art 37 impact fund may be spent anywhere in the city, and such funds may be spent 38 on any art or art-related costs such as, but not limited to, lighting, consulting, 39 landscaping, aesthetic features or enhancements, maintenance of art work, and 40 to promote public art and the public art process in the City. 41 - - - _ _ - - -- - -- _ - - - - - - --- 42 43 44 45 46 47 48 3 Ordinance 37,2009 1 b. Artist selection. - - . - _ _ - - -- _ - _ - _ _ _ _ - - - _ . 2 = - - - - - --- - - '- - - - - - - - - - - - - • - - - - - - - - 3 - - •- - -- - -- - - - - - • - -- - - - - - -- . .. -- -4 - - - - - - • - _- - - - - - -- . .. -- - - - - - - - -5 - . - = _ •• - • - - - - - -- - - . • - . - _ . The city council may 6 choose either to select an artist through a call-to-artist process or to procure 7 works of art through commission via written contract with a specific artist for a 8 specific work of art. 9 10 i. Call to artists. If a preferred artist has not been determined, the 11 city may issue a call to artists to procure a work or works of art. A 12 selection committee will review the submitted proposals and shall select 13 at least two (2) finalists for consideration by the art in public places 14 advisory board. The art in public places advisory board shall review the 15 finalists' proposals and make a recommendation to the city council on 16 the selection and commission of the artist and the artwork. The selection 17 and commission of the artist and artwork shall be by written contract 18 between the city and the artist. Final decision-making authority 19 regarding the artwork and artist shall be at the sole discretion of the city 20 council. 21 22 ii. Artist/artwork selection. The city may utilize funds allocated from 23 the art impact fund to retain a specific artist for a specific artwork on city- 24 owned land, a city-owned building, a facility that is leased or rented by 25 the city or on any property where the City has granted permission by the 26 property owner. The selection and commission of the artist and artwork 27 shall be by written contract between the city and artist. Final decision- 28 making authority regarding the artwork and artist shall be at the sole 29 discretion of the City council. 30 31 iii. Contracts for artwork. Artists, as a part of any commission or 32 contract with the city for the provision of artwork, shall be required to 33 submit to the city a "Maintenance and Inventory Sheet," which shall 34 include an annual cost estimate for the annual maintenance necessary in 35 order to properly preserve and maintain the artwork in substantially the 36 same condition that it was in when accepted by the city. 37 38 c. —e. (These subsections shall remain in full force and effect as previously 39 adopted.) 40 41 f. Maintenance of artwork. The art impact fund shall be utilized to cover 42 the costs of acquiring and maintaining public works of art purchased for display 43 on city-owned, -leased, or -rented property/buildings, or on any property where 44 the City has been granted permission by the property owner. 45 46 47 48 4 Ordinance 37,2009 1 i. Art impact maintenance fund. The city council shall designate 2 portions of the art impact fund in order to provide for the maintenance 3 and upkeep of all publicly-owned works of art in order to ensure that 4 proper preservation and maintenance is provided. 5 6 ii. Art maintenance requirement. When the city council approves the 7 acquisition of a public work of art, the city council shall designate funds 8 from the art impact fund dedicated to the continual maintenance and 9 preservation of the subject work of art for a period of no less than twenty- 10 five (25) years. 11 12 iii. Maintenance funds. Maintenance funds may be expended to 13 cover any and all expenses reasonably associated with the maintenance 14 and preservation of public works of art. 15 16 SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the City of 17 Palm Beach Gardens, Florida is hereby amended at Section 78-751. "Definitions." by adding 18 new definitions for the terms "Construction cost", "Development", "Art, artwork, or works of 19 art", and "Artist or professional artist", each of which shall be placed in alphabetical order in 20 the list of definitions, providing that "Construction cost", "Development", "Art, artwork, or 21 works of art", and "Artist or professional artist" shall hereafter be defined and read as follows: 22 23 Construction cost means total costs of buildings constructed on the site. This includes 24 total vertical construction of all buildings on a project site, but excluding site infrastructure and 25 parking garages. 26 27 Development means any project to construct or remodel any private or public 28 development, except residential and/or residential components of a mixed-use development, 29 or any portion thereof within the limits of the city, where total construction cost equals or 30 exceeds $1,000,000.00. 31 32 Art, artwork, or works of art means all tangible creations by artists exhibiting the 33 highest quality of skill and aesthetic principles and includes all forms of the visual arts 34 conceived in any medium, material, or combination thereof, including, but not limited to, 35 painting, sculpture, fountains, engravina, carvina, frescos, mobiles, murals, collages, 36 mosaics, bas-reliefs, tapestries, photographs, drawings, artist-designed seatina, or other 37 functional art pieces and collaborative design projects between architects and/or landscape 38 architects and artists, together with all hard costs and soft costs such as, but not limited to, 39 lightina, landscapjna, or other aesthetic effects or enhancements integrated with the art and 40 approved by the growth management administrator. The city council shall not consider for 41 approval art objects which are mass-produced in unlimited quantities. 42 43 Artist or professional artist means a practitioner in the visual arts, generally recognized 44 by critics and peers as a professional of serious intent and ability. Indications of a person's 45 status as a professional artist include, but are not limited to, training in the arts, income 46 realized through the sole commission of artwork, frequent or consistent art exhibitions, 47 placement of artwork in public institutions or museums, and receipt of honors and awards in 48 the art field. 5 Ordinance 37, 2009 1 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 2 hereby repealed. 3 4 SECTION 4. Should any section or provision of this Ordinance or any portion thereof, 5 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 6 such decision shall not affect the validity of the remainder of this Ordinance. 7 8 SECTION 5. Specific authority is hereby given to codify this Ordinance. 9 10 SECTION 6. This Ordinance shall become effective immediately upon adoption. 11 12 13 (The remainder of this page left intentionally blank) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6 Ordinance 37,2009 1 PASSED this day of , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second and 4 final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: 11 Joseph R. Russo, Mayor 12 13 14 David Levy, Vice Mayor 15 16 17 Eric Jablin, Councilmember 18 19 20 Jody Barnett, Councilmember 21 22 23 Robert G. Premuroso, Councilmember 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 48 G:\attorney_share\ORDINANCES\2009\Ordinance 37 2009-art in public places.docx 7 m CITY OF PALM BEACH GARDENS ?bit)Beath Gardens COUNCIL AGENDA I December 3, 2009 ■�. t l �' 7:00 P.M. *-- ;4---\—: 11141 ` Mayor Russo 'LI u -•' , Vice Mayor Levy �'Y soth Anniversary Council Member Jablin • ° Council Member Barnett ' Council Member Premuroso WI. PLEDGE OF ALLEGIANCE ,II. ROLL CALL /III. ADDITIONS, DELETIONS, MODIFICATIONS: 'IV. ANNOUNCEMENTS/PRESENTATIONS: a. (Page 4)Residential Beautification Award b. Benjamin Varsity Golf Team— State Champions pe,1 eT.2.4 c. Certificate of Achievement to David Thomas Fenton for attaining the rank of Eagle Scout. ✓V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: f VI. CITY MANAGER REPORT: VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5)Approve minutes from November 5, 2009 b. (Page 1 1)Approve minutes from November 12, 2009 c. (Staff Retort on Page 13. Resolution on Page 15)_Resolution 104, 2009 - Agreement with Palm Beach Community College. A Resolution of the City Council p of the City of Palm Beach Gardens, Florida approving an Agreement with Palm Qom Beach Community College providing for the education and training of students in y-o the Paramedic and EMT programs; providing an effective date; and for other purposes. d. N.01 '_ I. Resolution on Page 23)_Resolution 109, 2009 - p J11 Allamanda School Plat. A Resolution of the City Council of the City of Palm Beach \ Gardens, Florida approving the Allamanda Elementary Plat; providing an effective 1eL date; and for other purposes. e. (Staff Report on Page 28, Resolution on Page 30) Resolution 112, 2009 - First amendment to the Interlocal Agreement. A Resolution of the City Council of the Q �}. City of Palm Beach Gardens, Florida approving the first amendment to an Interlocal �,p Agreement between the City of Palm Beach Gardens and the School District of Palm Beach County for mutual use of recreational facilities at schools located within the City of Palm Beach Gardens; providing an effective date; and for other purposes. f. (Page 63)Proclamation -Florida Government Communicators Association. IX. PUBLIC HEARINGS: Part I - Quasi-judicial a. (Staff Report on Page 64. Ordinance on Page 73, Resolution on Page 76) Ordinance 32, 2009 - (2"d reading an adoption) Temple Beth David. An Ordinance Q0-1)' of the City Council of the City of Palm Beach Gardens, Florida relating to the expansion of the Temple Beth David, located on Hood Road approximately 600 feet West of Military Trail, at 4657 Hood Road; amending Ordinance 29, 2001, which approved the Temple Beth David Conditional Use. In order to transfer and amend the Conditional Use and site plan approval and related conditions to a separate Resolution; providing that future amendments to the Conditional Use may be made by Resolution of the City Council; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Resolution 84,2009 is a companion item to Ordinance 32, 2009 and will require Council action. Resolution 84, 2009 - Temple Beth David. A Resolution of the City Council of the (?12t59/Q- City of Palm Beach Gardens, Florida amending the Temple Beth David Conditional 5 Use and site plan to allow a 1,800-square-foot expansion, as described more particularly herein; providing conditions of approval; providing an effective date; and for other purposes. Part II - Non-Quasi-judicial a. (Staff Report on Page 87. Ordinance on Pa_e 92,) Ordinance 29, 2009 - (1st reading)Permanent and temporary banner criteria. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development by repealing Subsection 78-284(h)(2) and readopting same as revised '( and adopting new Subsection 78-284(i); further amending Chapter 78 by amending Table 24 permanent signs of Section 78-285 Permitted Signs in order to revise and clarify the criteria regulating permanent banners; further amending Chapter 78 by adopting new Section 78-292 pole-mounted banner criteria.; further amending Chapter 78 at Section 78-751 definitions to provide definitions for "Sign, Pole- Mounted Banner" and to repeal the definition for"Sign, Light Pole"; providing that each and every other Section and Subsection of Chapter 78 Land Development shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. b. Ordinance 37, 2009 - (1' reading) Amendment to the Art Ordinance. An Ordinance of the City Council of the 1 City of Palm Beach Gardens, Florida amending Chapter 78 Land Development at yo 59'1- Section 78-261 Art in Public Places requirements by repealing Subsection (a) in its entirety and by repealing Subsection (dX2) and readopting same, as revised for ' '° internal consistency and to provide regulations for public art selection and to provide for the use of art impact funds for maintenance of publicly-owned art; further amending Chapter 78 at Section 78-751 definitions to provide definitions for "Construction Cost", "Development", "Art, Artwork, or Works of Art", and "Artist or Professional Artist"; providing that each and every other section and subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance,please call the Florida Relay Service Numbers: 800- 955-8771 (TDD) or 800-955-8770(VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. 4- CITY OF PALM BEACH GARDENS palm Beach Gardens COUNCIL AGENDA _ I December 3, 2009 7 .�i v 7:00 P.M. 741 Mayor Russo u Vice Mayor Levy Council Member Jablin 57/Hnr : 7 : 1 Council Member Barnett L D Council Member Premuroso g: ► s I. ✓ PLEDGE OF ALLEGIANCE II. ✓ ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: 1V0)��r IV. ANNOUNCEMENTS / PRESENTATIONS: a. ✓ (Page 4)Residential Beautification Award b. ✓ Benjamin Varsity Golf Team— State Champions c. ,r Certificate of Achievement to David Thomas Fenton for attaining the rank of Eagle Scout. V. >/ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: I eOF°� VII.''COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: U a. (Page 5)Approve minutes from November 5, 2009 b. (Page 11)Approve minutes from November 12, 2009 c. (Staff Report on Page 13, Resolution on Page 15) Resolution 104, 2009 - Agreement with Palm Beach Community College. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Palm v Beach Community College providing for the education and training of students in DgyiD the Paramedic and EMT programs; providing an effective date; and for other g51W purposes. 9, 1 d. (Staff Report on Page 21, Resolution on Page 23) Resolution 109, 2009 — Allamanda School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Allamanda Elementary Plat; providing an effective date; and for other purposes. e. (Staff Report on Page 28, Resolution on Page 30) Resolution 112, 2009 - First amendment to the Interlocal Agreement. A Resolution of the City Council of the - City of Palm Beach Gardens, Florida approving the first amendment to an Interlocal 0P1 Agreement between the City of Palm Beach Gardens and the School District of Palm Beach County for mutual use of recreational facilities at schools located within the City of Palm Beach Gardens; providing an effective date; and for other purposes. f. (Page 63)Proclamation-Florida Government Communicators Association. IX. PUBLIC HEARINGS: Part I—Quasi-judicial a. ,/ (Staff Report on Page 64, Ordinance on Page 73, Resolution on Page 76) Ordinance 32, 2009 — (2nd reading an adoption) Temple Beth David. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the expansion of the Temple Beth David, located on Hood Road approximately 600 feet West of Military Trail, at 4657 Hood Road; amending Ordinance 29, 2001, which 5.0 approved the Temple Beth David Conditional Use. In order to transfer and amend the Conditional Use and site plan approval and related conditions to a separate Resolution; providing that future amendments to the Conditional Use may be made by Resolution of the City Council; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Resolution 84,2009 is a companion item to Ordinance 32,2009 and will require Council action. Resolution 84, 2009 - Temple Beth David. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Temple Beth David Conditional S '0 Use and site plan to allow a 1,800-square-foot expansion, as described more particularly herein; providing conditions of approval; providing an effective date; and for other purposes. Part II —Non-Quasi-judicial a. (Staff Report on Page 87, Ordinance on Page 92) Ordinance 29, 2009 — (1st reading) Permanent and temporary banner criteria. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78. Land Development by repealing Subsection 78-284(h)(2) and readopting same as revised ) and adopting new Subsection 78-284(i); further amending Chapter 78 by amending Table 24 permanent signs of Section 78-285 Permitted Signs in order to revise and J U 1)'1 clarify the criteria regulating permanent banners; further amending Chapter 78 by adopting new Section 78-292 pole-mounted banner criteria.; further amending Chapter 78 at Section 78-751 definitions to provide definitions for "Sign, Pole- Mounted Banner" and to repeal the definition for "Sign, Light Pole"; providing that each and every other Section and Subsection of Chapter 78 Land Development shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. I b. (Staff Report on Page 98, Ordinance on Page 104) Ordinance 37, 2009 — (1st reading) Amendment to the Art Ordinance. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78 Land Development at Section 78-261 Art in Public Places requirements by repealing Subsection (a) in its entirety and by repealing Subsection (d)(2) and readopting same, as revised for 5, 0 internal consistency and to provide regulations for public art selection and to provide for the use of art impact funds for maintenance of publicly-owned art; further amending Chapter 78 at Section 78-751 definitions to provide definitions for "Construction Cost", "Development", "Art, Artwork, or Works of Art", and "Artist or Professional Artist"; providing that each and every other section and subsection of Chapter 78. Land Development. shall remain in full force and effect as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: NCV XI ORDINANCES: (For Consideration on First Reading) N oNti XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII.✓CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance,please call the Florida Relay Service Numbers: 800- 955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY COUNCIL MEETING 12/03/09 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS- DELETIONS: ANNOUNCEMENTS /PRESENTATIONS: Item c. Certificate of Achievement to David Thomas Fenton for attaining the rank of Eagle Scout. David is unable to attend this evening so this item will be moved to the December 17, 2009 meeting. MODIFICATIONS: NONE Comments From The Public Request to Address City Council Please Print Name: Address: City: _ Subject: 517)(1/6 Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: CftP\OL, h9 Cl P u 1 I Address: 7L5 R u OS+ort) 9 fir P c city: t8 3-v 4-1' ?cf-A•9- Subject: Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: 0 CO- 1 �'- Address: r `tx 9 City: C6' 14 C �subject, � friticf-cc, Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print 110 Name: _ • --� �, v - Address: 9L �► � � �+ V City: glito Subject: I ` Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print ----7 --, ,r7 ,-,,, ' �/ Name: ,', 4 , t� I Address: x7.., �, J (:14Z1--1- _----- City: '� 1 t �J / Subject: f :�' Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print ..________—____ 3 Name: �' ApAc,,Nr Address: 1 ' q- erovh&Ni'-1e, E e City: P , 6• .6- 6.„ cifyryi citz.,01 .rid- Subject: r _ _ . J .�• ....__1 _ Cx k VYL'LA-tx-Q 0 t vS _ A L . . a . WV/ 3- ' i 'e V " - Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. i l Comments From The Public Request to Address City Council Please Print Name: fit= , 115 Address: /_,(; L) City: -mil 6. / 7 /( /_ • 3 �/-f 77'7 Subject: /j 19 t20 L) . (7, it" I-1- i\ 121 a / Li -7- : /ll J_, Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: ,J Cie-41,4A I‘cA _seeebk ec; / )'�- c.c 'rte Address: it, - �� /[..�..Q'�✓ � . �"� ��/ !� p City: Subject: Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. /MA i G,y d✓�%e L e em✓6 )hp) Wt file yc,,C /Ca s_d. �1 Tonight we are holding quasi-judicial hearings on the following cases •Ordinance 32, 2009 — (2nd reading an adoption) Temple Beth David. •Resolution 84, 2009 - Temple Beth David. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross-examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. 3f' , a/3/o 9 city Co'Nc« /itee,Tr.. ?,,,,ir. iron /Sy a„nx e, 4kc444, yD, Meridian Park Condo Gardens East Drive 05/04/06 - -sr . _ S ri -4400' 3.fty • 42/o G avgiC';(.. /4 t e fn s Az-car 4Y AL1 io.- X1,-,s0 , On November 4th, at the Class 1A State tournament in Juliette Falls, Dunnellon, the boys' varsity golf team captured Benjamin's first state golf team title in 26 years. They finished the 2 day finals with a team score of 580, nine strokes better than 2nd place Archbishop McCarthy and 10 better than rival Cardinal Newman. The win marks the school's 11th state golf championship. Head Coach : Toby Harbeck Players: Maxime' Blandin (10th grade) Alec Cera'olo (11th grade) Matt Ceratiolo (11th grade) Ryan Jahn (9th grade) Jalen Ledger (7th grade) Peter Mathison (8th grade) Boomer Rinker (10th grade) Clancy Waugh (9th grade) CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager FROM: Angela Wong, Operations Manager/Staff Liaison THROUGH: Jack Doughney, Assistant City Manager, Operation N SUBJECT: 2009 Beautification Award — Residential Category ��` DATE: November 16, 2009 The three categories of the City's Beautification Award Program are Institution, Residential, and Commercial. Properties are nominated and subsequently reviewed by the Community Aesthetics Board, and a winner is selected. Winners are chosen based on the outside appearance of the structure and the landscaped grounds of the yard, as seen from the street. Winners receive an engraved plaque, as well as a sign to post in front of their home or facility for approximately 30 days. The Board reviewed one nomination for the category of Residential, Michael and Robin Parsons home located at 511 Riverside Drive, who was also selected as the award winner at the Board's November 4, 2009 meeting. The Board requests that the City Council join the Board in presenting a 2009 Beautification Award to Mr. and Mrs. Parsons at the December 3, 2009 Council Meeting. The Board will review nominations for the Institutional category in March 2010 followed by the Commercial category in June 2010. c4,1 3 101 usAt G J L !At_<-1"s. Q 114. N-1.7) 7 `� if e'4 0 ,,Q. G i t'1 p*/a,r A l ry ( Yf� On November 4th, at the Class 1A State tournament in Juliette Falls, Dunnellon, the boys' varsity golf team captured Benjamin's first state golf team title in 26 years. They finished the 2 day finals with a team score of 580, nine strokes better than 2nd place Archbishop McCarthy and 10 better than rival Cardinal Newman. The win marks the school's 11th state golf championship. Head Coach : Toby Harbeck Players: Maxime' Blandin (10th grade) Alec Ceravolo (11th grade) Matt Ceravolo (11th grade) Ryan Jahn (9th grade) Jalen Ledger (7th grade) Peter Mathison (8th grade) Boomer Rinker (10th grade) Clancy Waugh (9th grade)