HomeMy WebLinkAboutAgenda Council Agenda 111909
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
November 19, 2009
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Recognition of the sponsors for Harvest Festival and the Youth Triathlon.
b. (Page 4) City of Palm Beach Gardens – Winner of the 2009 Eden Public Sector
Excellence Award.
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 6) Approve minutes from October 1, 2009.
b. (Page 10) Approve minutes from October 15, 2009.
c. (Staff Report on Page 15, Resolution on Page 17) Resolution 107, 2009 -
Interlocal Agreement with the Solid Waste Authority. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with the Solid Waste Authority of Palm Beach County for the delivery
of Municipal Solid Waste to designated facilities, and for a Municipal Revenue-
Sharing Recycling Program; authorizing the Mayor to execute the agreement;
providing an effective date; and for other purposes.
d. (Page 28) Proclamation – 50th Anniversary Celebration.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 29, Ordinance on Page 40, Resolution on Page 43)
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-judicial
a. (Staff Report on Page 54, Ordinance on Page 144) Ordinance 15, 2009 – (1st
reading) BallenIsles West Outparcel. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida adopting a small-scale amendment to its
Comprehensive Development Plan in accordance with the mandates set forth in
Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq.,
Florida Statutes, which provides for an amendment to the City’s Future Land Use
Map designating one (1) parcel of real property comprising approximately 7.31
acres, more or less, in size as “(PO) Professional Office”; such parcel of land is
located at the Southwest corner of the intersection of PGA Boulevard and
BallenIsles drive, informally known as “BallenIsles West Outparcel”; providing
for compliance with all requirements of Chapter 163, Florida Statutes; providing
a conflicts clause and a severability clause; providing an effective date; and for
other purposes.
X. RESOLUTIONS:
a. (Staff Report on Page 149, Resolution on Page 443) Resolution 108, 2009 -
Awarding semi-finalist Agreements for Phase I Artistic Bus Shelters. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding semi-finalist Agreements for Phase I Artistic Bus Shelters to Winslow
Wedin, Carlos Alves, McMow Art and Glass, Inc., Mark Fuller (yellow), and
Mark Fuller (green) providing an effective date; and for other purposes.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 471) Council Budget Directives
Establishing a non-ad valorem assessment for residential solid waste
collection and recycling.
Issuing debt to fund needed items in the Capital Improvement Program.
Alternative revenue sources.
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.
ITEM B
client profile
City of Palm Beach Gardens, Florida
Increasing Code Enforcement Efficiency through Eden Citizen Services
Winner of 2009 Eden Pubfic Sector Excellence Award
Industry: City Gawmenf
E-: 500
Budget: $90 milhn
Locotion: Pdm BBach Gardens, FL
Tykr pmducb U& Eden Citizen Services
Yean as a Tyk CW: 6
The Fach lncarporafed m 1959, the Clry of Palm Beach Gardens uynoyjfes the tysest land area m Palm Beach County at 55.7 sq.
miles. sdtled by insurance magnate John 0. MacArthur who sought to develop 4.000 acres and pmvfde homes for 55,000, 50%
of the City's land mass is etther fintstecl *nth natm Banyan Tm?s or kindscalxd green space. Twhy, the Cr¶y 6 home to me than
50,000 citizens and many namal businesses, including the headqwrten of the Professional Golfers' Association of America (PGA).
conbck
MJ;t Ddwny, software System MMager
www.pbgfl.com
Key Challenges
Utilize existing resources to
replace inefficient paper- and
manual-based processes
Create a smooth workflow for Code
Enforcement Officers
Address the issues of inconsistent
documentation, trackrng and follow-
up of complaints and code cases
Benditst Financial and Beyond
Significant increase ~n the number
of opened cases and amount of
revenue generated
Elimination of the need to
purchase costly code enforcement-
specific software
Streamlined tracking of code
enforcement cases from first
complaint through Special Master
and Fine Assessment Hearings
- for inore informati, hit rmr)ylerteeh.com
city of Palm 8edt Gaden's
Best practices
Generate comprehensive procedures
encompassing the full tihycle of a
code case
Build reports to code enforcement
user specification to ensure
acceptance of new processes
Provide the public with common
code violation information in order to
help citizens avoid future violations
Why Tyler?
Tyler provides all consulting, product
enhancement, implementatior?,
training and support services
The Eden suite is a fully-integrated
software solution with dynamic
features, rich functionality, and
superi~r Web capabilities
Tyler is the largest sole provider of
software and senices for the pubhc
sector, covering all solutions for
Financial, Document. Pension and
School Management; Land & Vital
Records; Appraisal & Tax; Courts &
Justice: Public Safety; and
Citizen Services
~n Thdr Own Words:
"In these challengmg budget times,
utilfzing existing resources is sarnething
we're asked to do as much as possible.
The Eden Permits & Inspections modules'
ability for customization allows us to do
just that."
. I ~.~.!l&#&i RcsavctlcLaruerr
the challenge: lncffidcn?
Manual Processes
For the Clty of Palm Beach Gardens, code
enforcement has never been a simple
process. Code enforcement officers used
hand-filled triplicate forms, a manual filing
system and each had a different method
for tracking cases-from speadsheets to
paper rosS with photo documentation-
and a different template for re@.
Complaints about violations weren't always
documented, and when they were it was
usually on sbcky notes or in e-mails.
Empowertng people who sum th public'
These inconsistencies led to many
chdkqps iw code enfuc6ment officers:
it was difficulttotmk thestahrsd
caseb; ottlcers couldn't work on each
other's cases; management didn't have
accbsstostatistico 6areqUinrf reports;
and povidirrg evidence for hearings was a
time-consuming and frustrating process.
Many cases went months, CVWI years,
without activity, resuite in the inability to
prosecuta violators snd preventtng ttre Cdy
from generating needed revenues.
In fact, far the Fiscal Year 2006/2007
only 50 code enforcement c~fls were
opened by the City, generating less than
Sl0,OOO in revanue. The Palm Baath
Gardans Cale Enforcement Depatment
ckly needed to streamline processes and
Mganue case data-and they dld so by
utilmthelr existing Eden qstem in new
ways. 'In thase challenging budget times,
utilizing existing resources is something
we're asked to do as much as gossibk.
The Eden Permits & Inspctbs module's
ability for customiiation dlcms us to
do just that," stated Jennifer Mikuiskt.
resource manager for Palm Beach
Gardens.
The Answer: Custmiration ef
Mtn Ptrmlts & IfKpeCtiaRs
Wing to@her, penonnet from
the Building and code Enforcement
Departments and the City's lnfmtion
savices staff dewloped compehemnte
pmcesses and pvxedues for ttre easy
tracking, managing and follow up of
the futf Irfccycle of a code case. frwn
the first compbmt through Special
Master and Fine Assessment Hearings.
"Accammodating the requests of the code
enforcementusersandbuikktgreportsto
their acceptance of the system,'' sad Matt
Doherty, software system manager far
Palm Beaeh Gardens.
thetr exact specifications has facllltated
The result: code enforcement officers
at the City of Palm Beach Gardens now
have complete command ouer case data.
All comflaints at entwed into the Eden
system, which automatically routes each
case to the -.ate supavisor and
schedules an impdon. The supervisor
then assigns the case to a code offief who
is responsible for tracking and managing
the case from the fist Complaint to final
hearing. Officers and supervisors can now:
See the exact status of any case.
wsk on any case in the system
and access necessary reports and
corresponding documentation with a
click of the button
Access important internal statistical
reports that are crucial for informed
decision making
Run staristicai reports that show how
often a particutar code is vidated
and use this information to educate
the pub?ic and help citizens avoid
future violations
The CQ's improved use of the Eden
Permii 6 ImQeCtiuns module has also
had atnmendous effect on how officers
defend cases during hearings. "Befae we
migrated to Eden, preparing for hearings
was an arduous task, requiring several days
of work to collect and organize necessary
information. It now takes less than 20
minutes to prepae," explained Mikulski.
Resu9tr: lMmised Revenue a
cort savings
For the 2008/2009 Fiscal Year, the
City opaned 920 cases generating
mer $204,OOO in revenue, a dramatic
increase from previous years. "Not only
were we able to increase the volume of
cases and the associated revenues, we
were also able to avoid purchasing a code
enfcmment-specifc software package,"
emphasized Doherty.
- FctrRIonmtarmation.vkitw
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
10•01•09
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
OCTOBER 1, 2009 4
5
The regular meeting was called to order at 7:00 p.m. by Mayor Russo. 6
I. PLEDGE OF ALLEGIANCE 7
II. ROLL CALL 8
PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 9
Councilmember Jody Barnett, Councilmember Robert Premuroso. 10
ABSENT: None. 11
III. ADDITIONS, DELETIONS, MODIFICATIONS 12
ADDITIONS 13
None. 14
IV. ANNOUNCEMENTS AND PRESENTATIONS 15
a. Workshop – Briger 16
A request by Lester Family Investments, L.P., et al, and Palm Beach County, for approval of a 17
rezoning from Planned Development Area (PDA) zoning designation to a Planned 18
Community Development Overlay (PCD) zoning designation. The proposed PCD/DRI will 19
consist of 1.6 million square feet of biotech research space for Phase II of The Scripps 20
Research Institute’s (TSRI) Florida campus, 2.4 million square feet of 21
biotechnological/biomedical, pharmaceutical and related ancillary uses, 500,000 square feet 22
of commercial development, and 2,700 dwelling units. The subject site is app roximately 681 23
acres and is located south of Donald Ross Road, north of Hood Road and east and west of 24
Interstate 95. 25
• LDRA-09-02-000020 Text Amendment to the Land Development Regulations (LDRA) for 26
the Briger Tract 27
• PDRI-09-02-000002 Briger Development of Regional Impact (DRI) 28
• PPCD-09-02-000002 Briger Planned Community Development (PCD) 29
Presented Item: Planning Manager Natalie Wong, Dana Little, Treasure Coast Regional 30
Planning Council; Ken Tuma, Urban Design Kilday Studio, Shannon LaRocque, Assistant 31
County Administrator, Palm Beach County. 32
Comments from the public: Wendy Harrison, Marlberry Circle, Jupiter; President and 33
CEO Nicole Christian, Northern Palm Beach County Chamber of Commerce, U.S. Highway 34
1, North Palm Beach; Abacoa Executive Director Beth Kelso, University Boulevard, 35
Jupiter; John Sickler, Military Trail, Jupiter; 36
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 37
Councilmember Barnett no report. Vice Mayor Levy reported attending a Max Planck 38
Institute meeting. Councilmember Jablin reported attending the joint meeting of the Art in 39
Public Places and Parks and Recreation Advisory Boards. Councilmember Premuroso no 40
report. Mayor Russo reported attending a Business Development Board luncheon. 41
VI. CITY MANAGER REPORT 42
None. 43
VII. COMMENTS FROM THE PUBLIC 44
Jon Channing, 5520 PGA Boulevard, Palm Beach Gardens; Eileen Tucker, 1045 Shady 45
Lakes Circle, Palm Beach Gardens; Carol Estrada, 309 Riverside Drive, Palm Beach 46
Gardens; Roger Blangy, 11658 Hemlock Court, Palm Beach Gardens. 47
48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
10•01•09
VIII. CONSENT AGENDA 1
None. 2
IX. PUBLIC HEARINGS 3
Part I – Non-Quasi –judicial 4
Part II – Quasi-judicial 5
Mayor Russo announced the procedures for tonight’s proceedings. 6
Those preparing to give testimony were sworn in. 7
The City Clerk read Ordinance 31, 2009 by title. 8
a. Ordinance 31, 2009 – (1st reading). Amending Chapter 78, Land Development. An 9
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 10
78 Land Development at Section 78-46 application procedures by repealing sub-sections 78-11
46(E)(5), F(2)R and (F)(2)S and readopting same, as revised, in order to clarify the 12
requirements for proof of authority to make application for amendments to planned 13
development approvals and to repeal provisions of the code that are no longer applicable; 14
further amending Chapter 78 at Section 78-80 required application material by repealing Sub-15
Section 78-80(A)(6) and readopting same, as revised, in order to clarify the requirements for 16
proof of authority to make application for amendments to planned development approvals; 17
further amending Chapter 78 at Section 78-155 PCD – Planned Community Development 18
overlay district (PCD) by repealing Sub-Sections 78-155(N)(2)B and C, in order to repeal 19
provisions of the Code that are no longer applicable; further amending Chapter 78 at Section 20
78-448 submission requirements for subdivision approval by repealing Sub-Section 78-21
488(A)(3) and readopting same, as revised; in order to clarify the requirements for proof of 22
authority to make application for amendments to Planned Development Approvals; providing 23
that each and every other Section and Sub-Section of Chapter 78 Land Development shall 24
remain the same as previously adopted; providing a conflicts clause, a severability clause, and 25
authority to codify; providing an effective date; and for other purposes. 26
Mayor Russo opened the public hearing. 27
Presented item: Growth Management Administrator Kara Irwin. 28
Mayor Russo closed the public hearing. 29
Vice Mayor Levy made a motion for approval on first reading. 30
Councilmember Jablin seconded. 31
Motion passed 5-0. 32
X. RESOLUTIONS 33
The City Clerk read Resolution 88, 2009 by title. 34
a. Resolution 88, 2009 – Appoint members to the Fire Fighters Pension Board. A 35
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the 36
appointment of regular members to the City of Palm Beach Gardens Fire Fighters Pension 37
Board; providing an effective date and for other purposes 38
Presented item: Finance Administrator Allan Owens. 39
Vice Mayor Levy made a motion for approval of Resolution 88, 2009. 40
Councilmember Barnett seconded. 41
Motion passed 5-0. 42
XI. ORDINANCES (For Consideration on First Reading) 43
The City Clerk read Ordinance 35, 2009 by title. 44
a. Ordinance 35, 2009 – Amending Ordinance 5, 2009 – Boards and Committees. An 45
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 46
2, Administration at Article III, Boards and Committees in order to amend the composition of 47
the City’s Boards and Committees and to revise the attendance policy and the appointment 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
10•01•09
procedures for same; providing that each and every other section and sub-section of Chapter 1
2, Administration shall remain the same as previously adopted; providing a conflicts clause, a 2
severability clause, and authority to codify; providing an effective date; and for other 3
purposes. 4
Presented item: City Attorney R. Max Lohman. 5
Comments from the public: Tory Buckley, 4454 Daffodil Circle South, Palm Beach Gardens; 6
David Porter, 11 Kintyre Road, Palm Beach Gardens; Randolph Hansen, 9 Dunbar Road, 7
Palm Beach Gardens. 8
Councilmember Jablin made a motion for approval of Ordinance 35, 2009 on first reading. 9
Vice Mayor Levy seconded. 10
Motion passed 5-0. 11
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 12
a. Office Space 13
Councilmember Barnett withdrew her request. 14
b. Adopt-a-Street Program 15
Presented item: Public Works Superintendent Prince Alexander. 16
Comments from the Public: Mark Lenow, 500 Bella Vista Way, No. 103, Palm Beach 17
Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens; Donna Wisneski, 18
Firefighters Pension Board; Pat Hughey, 9120 Reed Drive, Palm Beach Gardens. 19
Councilmember Jablin made a motion directing Public Works to go forward with the Adopt-20
A-Street program. 21
Vice Mayor Levy seconded. 22
Motion passed 5-0. 23
c. Ordinance 4, 2009 – Red Light Camera 24
City Manager Ferris presented the status of Ordinance 4, 2009. 25
d. Council discussion on Council policies 26
Mayor Russo discussed and Council agreed on how Council communication would be 27
conducted in the future. 28
XIII. CITY ATTORNEY REPORT 29
City Attorney R. Max Lohman reported on legal issues. 30
31
(The remainder of this page intentionally left blank.) 32
33
34
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
10•01•09
XIV. ADJOURNMENT 1
Vice Mayor Levy made a motion to adjourn. 2
Councilmember Premuroso seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 10:07 p.m. 5
The next regularly scheduled City Council meeting will be held October 15, 2009. 6
7
APPROVED: 8
9
10
11
Joseph R. Russo, Mayor 12
13
14
15
David Levy, Vice Mayor 16
17
18
19
Eric Jablin, Councilmember 20
21
22
23
Jody Barnett, Councilmember 24
25
26
27
Robert G. Premuroso, Councilmember 28
29
30
ATTEST: 31
32
33
34
35
Patricia Snider, CMC 36
City Clerk 37
38
39
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40
the meeting. A verbatim audio record is available from the Office of the City Clerk. 41
All referenced attachments are on file in the Office of the City Clerk. 42
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
10•15•09
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
OCTOBER 15, 2009 4
5
The regular meeting was called to order at 7:06 p.m. by Mayor Russo. 6
I. PLEDGE OF ALLEGIANCE 7
II. ROLL CALL 8
PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 9
Councilmember Jody Barnett, Councilmember Robert Premuroso. 10
ABSENT: None. 11
III. ADDITIONS, DELETIONS, MODIFICATIONS 12
ADDITION TO CONSENT AGENDA 13
City Council minutes – September 24, 2009. 14
Vice Mayor Levy made a motion for approval. 15
Councilmember Jablin seconded. 16
Motion passed 5-0. 17
IV. ANNOUNCEMENTS AND PRESENTATIONS 18
a. Solid Waste Authority Update 19
Presented item: Solid Waste Authority Executive Director Mark Hammond. 20
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 21
Councilmember Barnett no report. Vice Mayor Levy reported attending the Community 22
Aesthetics Board and Hazardous Materials Oversight Committee meetings and explained the 23
impact of Amendment 4 – Hometown Democracy. Councilmember Jablin reported 24
attending the Metropolitan Planning Organization meeting. Councilmember Premuroso no 25
report. Mayor Russo reported attending a Business Development Board breakfast, Biotech 26
Overlay Committee meeting, giving a radio interview and participating in Read for the 27
Record at the Riverside Youth Enrichment Center. 28
VI. CITY MANAGER REPORT 29
None. 30
VII. COMMENTS FROM THE PUBLIC 31
Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens. 32
VIII. CONSENT AGENDA 33
Vice Mayor Levy made a motion for approval. 34
Councilmember Jablin seconded. 35
Motion passed 5-0. 36
IX. PUBLIC HEARINGS 37
Part I – Non-Quasi –judicial 38
Mayor Russo announced the procedures for tonight’s proceedings. 39
Those preparing to give testimony were sworn in. 40
The City Clerk read Ordinance 32, 2009 by title. 41
a. Ordinance 32, 2009 – (1st reading) Temple Beth David. An Ordinance of the City 42
Council of the City of Palm Beach Gardens, Florida relating to the expansion of the Temple 43
Beth David, located on Hood Road approximately 600 feet West of Military Trail, at 4657 44
Hood Road; amending Ordinance 29, 2001, which approved the Temple Beth David 45
Conditional Use. In order to transfer and amend the Conditional Use and site plan approval 46
and related conditions to a separate Resolution; providing that future amendments to the 47
Conditional Use may be made by Resolution of the City Council; providing a conflicts clause, 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
10•15•09
a severability clause, and authority to codify; providing an effective date; and for other 1
purposes. 2
Mayor Russo opened the public hearing. 3
No ex parte communication was declared. 4
Presented item: Architect Larry Winker. 5
Comments from the public: Carol Estrada, 309 Riverside Drive, Palm Beach Gardens. 6
Mayor Russo closed the public hearing. 7
Vice Mayor Levy made a motion for approval on first reading. 8
Councilmember Jablin seconded. 9
Motion passed 5-0. 10
The City Clerk read Ordinance 34, 2009 by title. 11
b. Ordinance 34, 2009 – (1st reading) Frenchman’s Reserve PCD Amendment. An 12
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 13
Ordinance 4, 2001, which approved the Frenchman’s Reserve Planned Community 14
Development (PCD), located directly East of the intersection of Alternate A1A and Hood 15
Road, by transferring all 20 official exhibits and all 65 conditions of approval to Resolution 16
97, 2009, in order to allow a reduction of the Lake Maintenance Easement from 20 feet to 15 17
feet adjacent to the South property lines of lots 20, 21, 22, and a portion of 23 of Pod G, for a 18
lake (Tract L2) located in the Frenchman’s Reserve Golf Course; providing a conflicts clause, 19
a severability clause and authority to codify; providing an effective date; and for other 20
purposes. 21
Mayor Russo opened the public hearing. 22
No ex parte communication was declared. 23
Presented item: Jennifer Tighe, Land Design South; Planning Manager Natalie Wong. 24
Comments from the public: Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens. 25
Mayor Russo closed the public hearing. 26
Vice Mayor Levy made a motion for approval on first reading. 27
Councilmember Jablin seconded. 28
Motion passed 5-0. 29
Part II – Quasi-judicial 30
The City Clerk read Ordinance 31, 2009 by title. 31
a. Ordinance 31, 2009 – (2nd reading and adoption). Amending Chapter 78, Land 32
Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 33
amending Chapter 78 Land Development at Section 78-46 Application Procedures by 34
repealing Sub-Sections 78-46(E)(5), F(2)R and (F)(2)S and readopting same, as revised, in 35
order to clarify the requirements for proof of authority to make application for amendments to 36
planned development approvals and to repeal provisions of the code that are no longer 37
applicable; further amending Chapter 78 at Section 78-80 Required Application Material by 38
repealing Sub-Section 78-80(A)(6) and readopting same, as revised, in order to clarify the 39
requirements for proof of authority to make application for amendments to planned 40
development approvals; further amending Chapter 78 at Section 78-155 PCD – Planned 41
Community Development overlay district (PCD) by repealing Sub-Sections 78-155(N)(2)B 42
and C, in order to repeal provisions of the Code that are no longer applicable; further 43
amending Chapter 78 at Section 78-448 Submission Requirements for Subdivision Approval 44
by repealing Sub-Section 78-488(A)(3) and readopting same, as revised; in order to clarify the 45
requirements for proof of authority to make application for amendments to Planned 46
Development Approvals; providing that each and every other Section and Sub-Section of 47
Chapter 78 Land Development shall remain the same as previously adopted; providing a 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
10•15•09
conflicts clause, a severability clause, and authority to codify; providing an effective date; and 1
for other purposes. 2
Mayor Russo opened the public hearing. 3
Presented item: Growth Management Administrator Kara Irwin. 4
Mayor Russo closed the public hearing. 5
Vice Mayor Levy made a motion for approval on second reading and adoption. 6
Councilmember Jablin seconded. 7
Motion passed 5-0. 8
b. Ordinance 35, 2009 (2nd reading and adoption) Amending Ordinance 5, 2009 - 9
Boards and Committees. An Ordinance of the City Council of the City of Palm Beach 10
Gardens, Florida amending Chapter 2, Administration at Article III, Boards and Committees 11
in order to amend the composition of the City’s Boards and Committees and to revise the 12
attendance policy and the appointment procedures for same; providing that each and every 13
other section and sub-section of Chapter 2, Administration shall remain the same as 14
previously adopted; providing a conflicts clause, a severability clause, and authority to codify; 15
providing an effective date; and for other purposes. 16
Mayor Russo opened the public hearing. 17
Presented item: City Attorney R. Max Lohman. 18
Discussion ensued. 19
Comments from the public: Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens. 20
Councilmember Jablin made a motion for approval of Ordinance 35, 2009 as amended. 21
Vice Mayor Levy seconded. 22
Councilmember Jablin withdrew his motion. 23
Vice Mayor Levy withdrew his second. 24
Mayor Russo closed the public hearing. 25
Vice Mayor Levy made a motion for approval of Ordinance 35, 2009 as amended for second 26
reading and adoption. 27
Councilmember Jablin seconded. 28
Motion passed 5-0. 29
X. RESOLUTIONS 30
The City Clerk read Resolution 83, 2009 by title. 31
a. Resolution 83, 2009 - Appoint members to the Parks and Recreation Advisory Board. 32
A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the 33
appointment of members to the Parks and Recreation Advisory Board; providing an effective 34
date; and for other purposes. 35
Councilmember Barnett made a motion for approval of Resolution 83, 2009. 36
Vice Mayor Levy seconded. 37
Motion passed 5-0. 38
The City Clerk read Resolution 85, 2009 by title. 39
b. Resolution 85, 2009 - Appoint members to the Community Aesthetics Advisory Board. 40
A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing 41
regular and alternate members to the Community Aesthetics Board; providing an effective 42
date; and for other purposes. 43
Vice Mayor Levy made a motion for approval of Resolution 85, 2009. 44
Councilmember Jablin seconded. 45
Motion passed 5-0. 46
The City Clerk read Resolution 86, 2009 by title. 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
10•15•09
c. Resolution 86, 2009 – Appoint members to the Planning Zoning and Appeals Board. A 1
Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing regular 2
and alternate members to the Planning, Zoning, and Appeals Board; providing an effective 3
date; and for other purposes. 4
Councilmember Premuroso made a motion for approval of Resolution 86, 2009. 5
Vice Mayor Levy seconded. 6
Motion passed 5-0. 7
The City Clerk read Resolution 87, 2009 by title. 8
d. Resolution 87, 2009 - Appoint members to the Art in Public Places Advisory Board. A 9
Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing regular 10
and alternate members to the Art in Public Places Advisory Board; providing an effective 11
date; and for other purposes. 12
Councilmember Jablin made a motion for approval of Resolution 87, 2009. 13
Vice Mayor Levy seconded. 14
Motion passed 5-0. 15
The City Clerk read Resolution 92, 2009 by title. 16
e. Resolution 92, 2009 – Appoint member to the Budget Oversight Committee. A 17
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the 18
appointment of a regular member to the Budget Oversight Committee; providing an effective 19
date; and for other purposes. 20
Councilmember Premuroso made a motion for approval of Resolution 92, 2009. 21
Vice Mayor Levy seconded. 22
Motion passed 5-0. 23
XI. ORDINANCES (For Consideration on First Reading) 24
None. 25
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 26
Vice Mayor Levy discussed having an Ordinance against text messaging while driving and a 27
community garage sale. Councilmember Premuroso discussed the 2010-2011 budget, 28
additional revenue sources and the Solid Waste Authority bill. 29
XIII. CITY ATTORNEY REPORT 30
None. 31
32
(The remainder of this page intentionally left blank.) 33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
10•15•09
XIV. ADJOURNMENT 1
Councilmember Jablin made a motion to adjourn. 2
Vice Mayor Levy seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 8:55 p.m. 5
The next regularly scheduled City Council meeting will be held November 5, 2009. 6
7
APPROVED: 8
9
10
11
Joseph R. Russo, Mayor 12
13
14
15
David Levy, Vice Mayor 16
17
18
19
Eric Jablin, Councilmember 20
21
22
23
Jody Barnett, Councilmember 24
25
26
27
Robert G. Premuroso, Councilmember 28
29
30
ATTEST: 31
32
33
34
35
Patricia Snider, CMC 36
City Clerk 37
38
39
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40
the meeting. A verbatim audio record is available from the Office of the City Clerk. 41
All referenced attachments are on file in the Office of the City Clerk. 42
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 19,2009
Resolution: 107,2009
SubjectlAgenda Item:
Approve an Interlocal Agreement with Solid Waste Authority of Palm Beach County for the
Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue
Sharing Recycling Program
Dc] Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by:
City Attorney @
I Submitted by: PJ Jack Doughney,
Assistant City Manager -
Operations
Department Administrator
Approved by dJ I Citydanagdr
1
Originating Dept.:
Michael Morrow
Operations Director
Community Services
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Notified
[ ] Not required
Eosts: $-o-
(Total)
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 107,
2009
0 Exhibit A:
Agreement
[ ]None
Meeting Date: November 19, 2009
Resolution: 107, 2009
BACKGROUND:
The Solid Waste Authority of Palm Beach County (“Authority”) provides a County-wide
program for the management and control of solid waste processing and disposal in
accordance with all applicable laws and regulation.
This item is in response to a request from the Authority to replace our existing Interlocal
Agreement for the Delivery of Municipal Solid Waste and Municipal Recycling Program,
which was adopted via Resolution 45,2008 on July 17,2008. The new agreement includes
the same terms and conditions as the existing agreement, but also allows for a recyclable
revenue share program that the Authority has created and approved. The new program
will pay the City a minimum of 50% of the net revenues earned from the sale of residential
recovered recyclable materials that are attributable to the City on a quarterly basis. Actual
percentage paid to the City and estimated revenue will be determined by the Authority.
The agreement, if approved, expires on September 30, 2014, and shall automatically be
renewed for successive five (5) year periods. This agreement may be terminated by written
notice on any renewal date by providing written notice to the other party by the preceding
April 30th.
STAFF RECOMMENDATION:
Approve Resolution 107, 2009 as presented.
1
2
3
4
5
6
7
9
10
11
12
13
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
a
RESOLUTION 107,2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM
BEACH COUNTY FOR THE DELIVERY OF MUNICIPAL SOLID
WASTE TO DESIGNATED FACILITIES, AND FOR A MUNICIPAL
MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
REVENUE-SHARING RECYCLING PROGRAM; AUTHORIZING THE
WHEREAS, the Solid Waste Authority of Palm Beach County provides a
Countywide program for the management and control of solid waste processing and
disposal in accordance with applicable laws and regulations; and
WHEREAS, the Solid Waste Authority of Palm Beach County is proposing to
replace the existing Interlocal Agreement, which provides for the delivery of municipal
solid waste, with a modified agreement for such services, including a Municipal
Revenue-Sharing Recycling Program that will pay the City, on a quarterly basis, a
minimum of 50% of the net revenue from the sale of residential recyclable materials
attributed to the City; and
WHEREAS, the proposed new Interlocal Agreement will expire September 30,
2014, and may be renewed for successive five (5) year periods upon mutual agreement;
and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
approves a new Interlocal Agreement with the Solid Waste Authority of Palm Beach
County for the Delivery of Municipal Solid Waste to Designated Facilities and for a
Municipal Revenue-Sharing Recycling Program, attached as Exhibit ‘A’, and authorizes
the Mayor to execute the Interlocal Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Resolution 107,2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED AND ADOPTED this day of ,2009.
CITY OF PALM BEACH GARDENS, FLORIDA
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
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
---
---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONSUOO9\Resolution 107, 2009 - SWA interlocal agmt.doc
2
Resolution 107, 2009
EXHIBIT “A”
August 2009
Dear Municipal Partner,
The Solid Waste of Palm Beach County (SWA) Board has approved a recyclable
revenue share program for our municipal partners. The program will become effective
October 1 , 2009 or immediately following the execution of the attached new Interlocal
Agreement (ILA), if later.
With the exception of the addition of the recyclable revenue share program, the new ILA
is very similar to the previous one approved last year.
Following your review and approval, the new ILA will replace our previously executed
ILA.
Should you have any questions or would like to meet with our staff please contact me at
(561) 697-2700, ext. 4725 or 866-792-4636, ext. 4725 toll-free to schedule a meeting.
We look forward to continuing our partnership and providing our customers the highest
level of services at the lowest rate possible.
Thank you for your continued support.
Sincerely,
Customer Relations
RECEIVED
AUG 3 1 2009
i ClTY MANAGER
I II I AUG 3 1 2009
I J CITY OF PALM BEACH GARDENS
i ClTY MANAGER
7501 North Jog Road, West Palm Beach, Florida 33412 0 (561) 640-4000 Fax (561) 640-3400
Customer Information Services: (561) 697-2700 Toll-Free: 1 (866) 792-4636
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING
RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this - day of , 2009 by and between
the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district
created pursuant to Chapter 200 1-33 1 , Laws of Florida, as amended, hereinafter called “Authority”, and
the CITY OF PALM BEACH GARDENS, a municipal corporation, chartered and organized in
accordance with the laws of the State of Florida, hereinafter called the “City”.
WITNESSETH:
WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and
requirements in Palm Beach County, Florida, prescribed to a “county” pursuant to the provisions of
Chapter 403, Part IVY Florida Statutes; and
WHEREAS, Chapter 403, Part IVY Florida Statutes encourages counties to enter into Interlocal
Agreements with municipalities to establish recycling programs and carry out recycling activities; and
WHEREAS, the City desires to work in cooperation with the Authority to continue a municipal
recycling program toward achievement and maintenance of the State recycling goal and the requirements
of Chapter 403, Part IVY Florida Statutes; and
WHEREAS, the City provides for the collection of Solid Waste from the residents and businesses
and Residential Recovered Materials within its boundaries and recognizes the need for safe and sanitary
processing and disposal of Solid Waste and Residential Recovered Materials; and
WHEREAS, the City wishes to participate in a coordinated County-wide program for the
management of hazardous waste and control of Solid Waste processing and disposal and residential
recycling participation in cooperation with federal, state, and local agencies responsible for the
prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the Authority and the City wish to enter into this Interlocal Agreement to set out the
terms of this coordinated program;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained to be kept and performed by the parties hereto, and for the mutual benefit of the City, its
constituents and the Authority, it is agreed as follows:
1. Purpose
The purpose of this Agreement is to set forth the terms and conditions for the delivery of
municipal Solid Waste to Designated Facilities and for the operation of a recycling
program between the Authority and the City in this combined agreement which upon
execution by both parties shall automatically rescind the INTERLOCAL
AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO
DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING
PROGRAM and shall become effective upon filing with the Clerk of the Courts in
accordance with Chapter 163, Florida Statutes.
2. Delivery
The City agrees that all Solid Waste and Residential Recovered Materials collected by or on
behalf of the City shall be disposed of at a Designated Facility in accordance with this Agreement.
3. Information
The City agrees to cooperate with the Authority to provide all necessary and required information
to the Authority in a timely manner so that it can be determined if the City’s Solid Waste and
Residential Recovered Materials are being delivered to a Designated Facility.
4. Revenue Sharing
The Authority agrees to pay the City a minimum of 50% of the Net Revenues earned from the
sale of Residential Recovered Materials attributable to the City on a quarterly basis. The actual
percentage will be determined annually through the Authority’s budget process. Net Revenues
are defined as Recovered Residential Materials Revenue less Processing Cost. The Net Revenue
distribution formula will be based on Equivalent Residential Units (ERU’s) serviced by the City
in relation to the total number of these units for all county municipalities less the ERU’s serviced
by participating Self Haul Cities or on the actual amount delivered for municipalities that haul
their own material. (see Ex. A.)
5. Facilitv Availabilitv
The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the City’s
Solid Waste and Residential Recovered Materials and to operate within all applicable local, state,
and federal environmental guidelines.
6. Compliance with Zoning Ordinances
Any transfer and/or disposal of Solid Waste and Residential Recovered Materials shall be
undertaken in a location suitable and adequate for such activity and shall comply with all local
zoning ordinances and any other applicable local and state statutes, ordinances and regulations.
The City further agrees to use its best efforts to amend or modify its appropriate zoning, building,
or land development code to require new multi-family or commercial developments to provide
adequate space for recycling containers.
7. Collection of Recyclable Material
Individual residentshomeowners shall be encouraged by the City to separate their Solid Waste
into Recyclable Material and non-Recyclable Material. Each residential unit or combination of
units will receive the appropriate type and number of reusable containers, in accordance with the
countywide recycling program, into which Residential Recovered Materials will be deposited.
The Authority retains the right to modify the manner in which materials are set out for collection
with proper notice to the City.
The Authority reserves the right to add or delete allowable Recyclable Materials and when doing
so will provide the City with sufficient notice to make those changes.
--
8. Commercial Recycling Revenue Share
As a further incentive for the City to actively pursue commercial recycling, the Authority and the
City may enter into a separate agreement to provide for payment to the City for certain high
quality separated materials. Types of commercial recyclable materials eligible for payment shall
be determined by the Authority.
9. Improperly Prepared Residential Recovered Materials
The City will make every reasonable effort to ensure that the collector picks up all Residential
Recovered Materials and delivers Acceptable Loads to a Designated Facility.
As a means of strengthening the City’s ability to have its collector fulfill the City’s recycling
needs, the City agrees to notify and consult with the Authority when preparing the City’s future
request for collection franchise bids.
It shall be the responsibility of the City or its collector to contact residents or businesses that
repeatedly place improperly sorted materials in their designated container and inform and
encourage them to properly sort materials. If the problem persists, the City shall notify the
Authority, who shall then assist the City in resolving the problem.
10. Recycling Containers
The Authority shall provide yellow and blue eighteen (1 8) and ninety-six (96) gallon recycling
containers. The yellow and blue colors reflect a consistent educational advertising effort through
TV commercials, newsprint, radio, mailer, or other source. The Authority will periodically
replace these containers at its cost to allow for normal wear and tear.
It is the City’s responsibility to make sure it or its collection contractor has equipment compatible
to provide proper collection of these recycling containers without damage. The City or its
collection contractor shall be responsible for replacement of any recycling container(s) damaged
during service at no additional cost to the Authority.
12. Unacceptable Loads
In the event that a load of supposed Residential Recovered Materials delivered to a Designated
Facility when dumped contains:
1)
2)
3)
In total less than 88% by volume Recyclable Material or
the Container Recyclable Material load contains less than 88% Container Recyclable
Material or
the Fiber Material load contains less than 95% Fiber Material, then
it shall be deemed an Unacceptable Load and the Authority has the right to reject the load and to
charge the City the full disposal fee for each ton within the load. In the event that the same
vehicle delivers subsequent Unacceptable Loads, the City shall also be penalized a base fine of
$250 times the number of offenses (Example: fourth offense = $1,000.00).
13.
14.
15.
16.
17.
18.
For the Authority:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
Promotion and Education Responsibilities
For the City:
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Attention: City Clerk
The Authority will provide recycling binskontainers and assist in promoting and educating
residents within the City in an effort to work together and increase recyclable tonnages.
Scavenging
The City will take such action as is necessary and reasonable to ensure against and prevent
scavenging and unauthorized removal of such recyclables within the jurisdiction of the City.
Term
This Agreement shall begin on the later of its effective date or October 1, 2009 and
continue through September 30, 2014 and shall automatically be renewed for successive
five (5) year periods. Either party may terminate this agreement on any renewal date by
providing written notice to the other party by the preceding April 30th. Notwithstanding
termination, any rights or duties imposed by law shall remain in effect.
Change in Law
In the event any change in law abrogates or modifies any provisions or applications of this
Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts
to reach a mutually acceptable modification of this Agreement.
Notices.
All formal notices affecting the provisions of this Agreement shall be delivered in person or be
sent by registered or certified mail to the individual designated below, until such time as either
party furnishes the other party written instructions to contact another individual,
Severability
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law,
the same shall be eliminated from this Agreement, and the remaining portion of this Agreement
shall be in hill force and effect and be valid as if such invalid portions thereof had not been
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the later
of October 1 , 2009 or the day and year first above written:
As to the Authority:
PALM BEACH COUNTY
WITNESSES: SOLID WASTE AUTHORITY OF
Mark Hammond, Executive Director
ATTEST: SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
ATTEST:
Patricia Snider, CMC, City Clerk
(Affix Municipal Seal)
Sandra J. Vassalotti, Clerk to the Authority
As to the CITY:
PALM BEACH GARDENS
Joseph R. Russo, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO
AND LEGAL SUFFI
Legal Counsel
Solid Waste Authority of Palm Beach County
Date: Date:
EX. A
Recovered Materials Revenue Sharing Program
Definitions:
Acceptable Load - Any load of otherwise Residential Recovered Material that contains no Prohibited
Material and a minimum of 88% Recyclable Material in total, the containerized material component
contains a minimum of 88% Container Recyclable Material and the fiber component contains a minimum
of 95% Fiber Material.
Acceptable Material -Container Material and Fiber
Container Recyclable Material - Includes aluminum cans, foil and pans; aseptic containers; gable-
topped containers; glass bottles and jars (green, brown and clear); and plastic containers #1-7 (except
Styrofoam). Upon commencement of operation of the new RMPF (est. 10/09) steel cans may be added to
this category.
Combined Haul City - A political subdivision that has executed this Agreement and delivers its
Residential Recovered Materials to the Authority along with Residential Recovered Materials
collected from residential properties from other political subdivisions participating in the
Revenue Sharing program.
Designated Facility -The Authority’s RMPF, RMRF, any SWA owned and operated transfer station or
any other facility specifically authorized by the SWA.
Equivalent Residential Unit (ERU) - Single Family and Mobile Homes equal I ERU, Multi-Family
Homes equal .75 ERUs.
Fiber Material - Includes newspapers (including inserts); magazines and catalogs; phone books;
corrugated cardboard; and krafi bags. Upon commencement of operation of the new RMPF (est. 10/09)
Residential Mixed Paper may be added to this category.
Net Revenue - Recovered Residential Materials Revenue minus Processing Cost
Processing Cost -RMPF Operator’s Fee
Prohibited Material - Hazardous, medical or biological waste
Recyclable Material -Includes Container Recyclable Material and Fiber
Residential Mixed Paper -Includes cereal boxes and junk mail
Recovered Residential Materials Revenue -Total earned revenue from the sale of Residential
Recovered Materials
Residential Recovered Materials - Acceptable Materials collected from residential units less
Unacceptable Materials and Prohibited Materials delivered to the Authority’s Designated Facilities
Revenue Share -Approved percentage to be applied to Net Revenue for payment to participants. The
minimum shall be 50%.
Recovered Materials Processing Facility (RMPF’) - A new facility that will replace the RMRF.
Estimated date of operation is 10/1/2009.
Residential Materials Recycling Facility (RMRF) - The existing Residential Materials Recycling
Facility. A replacement facility (RMPF) is under construction and expected to be operational on or about
October, 2009.
Self Haul City -A political subdivision that has executed this Agreement and collects its own Residential
Recovered Materials and no other material and delivers it to the Authority or who uses a private
contractor that collects its Residential Recovered Materials and no other material on dedicated routes and
can positively demonstrate that they have collected and are delivering only that jurisdiction’s Residential
Recovered Materials to the Authority.
Solid Waste . Solid waste means garbage, sewage, sludge, septage, rubbish, rehse, and other discarded
solid or liquid materials resulting from domestic, industrial, commercial, agricultural, and governmental
operations, but does not include solid or dissolved materials in domestic sewage, storm drainage, or other
significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial
wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants.
Unacceptable Material -Any material other than Acceptable Material and Prohibited Material
Revenue Share Calculations
The Net Revenues to be shared will consist of the Recovered Residential Materials Revenues received by
the Authority for each quarter less the Processing Cost for that quarter. That amount will be divided by
the total tons received to determine an average price per ton and then multiplied by the adopted annual
revenue share percentage (minimum 50%) to set the program price to be paid for the quarter.
Each participating municipality will either be classified as a Self Haul City or a Combined Haul City.
Self Haul Cities will receive a revenue share based on the actual weight of Acceptable Loads delivered to
an approved facility. The others will share the balance of those revenues in proportion with their total
ERU’s serviced in comparison to the totals for all cities in Palm Beach County except the Self Haul
Cities.
Participating entities will be required to sign an ILA that automatically renews at the end of each term.
Either party may terminate the ILA early effective any renewal date with a minimum of five months
notice.
The Authority will continue to provide the necessary bins and ongoing education and advertising as
provided in this Agreement.
CZTY OF PALMBEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMMTION
WHEREAS, the City of Palm Beach Gardens was incorporated in 1959 by John D. MacArthur; and
WHEREAS, the City spans 56.16 square miles with over fifty percent of its land mass either forested
or landscaped green space and has streets and roadways named after trees and flowers befitting its
name; and
WHEW, as a Signature City celebrating quality-of-life, Palm Beach Gardens was designated as the
“IT” destination by the New York Times in 2005 as the place to work, live, play, and learn; and
WHEW, the City is administered for and by its citizens; and since 1959 has been represented by
forty-two men and women elected to serve as Councilmembers; and
WHEREAS, the City officials and employees share the responsibility of informing their residents
about public service and its benefits; and
WHEREAS, the City is outstanding in public safety with Police and Fire Departments having received
national and international accreditation, and
WHEREAS, the City has been awarded the Tree City USA designation by the Arbor Day Foundation
for twenty-one consecutive years; and
WHEREAS, the City strives for excellence and has achieved awards in finance, sports, marketing,
communication, police, fire, recycling, visioning, recreation, technology and art in public places; and
WHEREAS, the City features over seventem world-class golf courses and is home of the Professional
Golfers Association and the nationally broadcast Honda Classic; and
WHEREAS, the City embraces the Bio Technology Community featuring Scripps Florida Research
Institute; and
WHEREAS, the elected officials of Palm Beach Gardens have set aside this day to recognize and
honor the establishment of the City; and
NOW, THEREFORE, I, Joseph R Russo, by of the wtkari;tp swsfed in me as Mayor of the Ci4 of
Palm Beach Gar&ns, Florida, do kenebyprocloinr Nm& 21,2089, as tlte
50th Annivemuy Cdebmtion!
and urge all residents, government @dats, ad aapbym ofthe CBy ofP& Beach Gardens,
Florida to acknowle&e CUrdpartiCipatt in t& day.
IN FMNESS WTIEREOF, I have hemunto set my hand and caused the Seal
of the of P& Beach Gardens, Floridq to be affired this lp Day of
November, in the Year Two Thousand and Nine
Attest:
Patricia Sni&, CMC, City Clerk
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 19,2009
Ordinance 32,2009
Resolution 84,2009
CUMJ-08-09-0000 15
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.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: -
Development Compliance:
A Jyu
Bahareh K. Wolfs, AICP
Growth Management
Admi trator: L-
Kara L. Irwin, AICP
Approved By:
Originating Dept.:
Growth Management:
Project \$
Manager
Kate Wilson ,,
Planning
Manager
Natalie Wdng, AICP
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: November 4,2009
Papg: Palm Beach Post
/’ [XI Required
[ 3 Not Required
Affected Parties:
[XI Notified
[ ] Not Required
FINANCE:
Finance
Administrator:
NIA
Allan Owens
Accountant:
L
Sarah Varga
Fees Paid: [XI Yes
Budget Acct.#:
N/A
City Council Action:
[ ] Rec. approval
[ ] Approval wl Conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
*:* Location Map
*:* Traffic Concurrency
Letter (2001)
*:* Ordinance 32,2009
*:* Resolution 84, 2009
*:* Reduced Plans
Meeting Date: November 19,2009
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 2 1,494 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
@.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: November 19,2009
Ordinance 32,2009 and Resolution 84,2009
Page 3 of9
East
Evergreen
-
- Bay 8~
RH - Residential High RH - Residential High Subiect Property
Religious Institution
r
RH - Residential High
RM - Residential Medium
RL3 - Residential Low
PCD - Planned Community District
I RL3 - Residential Low I RH - Residential High I =entia1 - Mamolia Bav
West
Religious Institution - Gardens
Presbyterian Church
I RL3 - Residential Low I RH - Residential High I Eential - Paloma
RH - Residential High RH - Residential High
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 #I 15, 91 1 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: November 19, 2009
Ordinance 32,2009 and Resolution 84, 2009
Page 4 Of9
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 1 19 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 ingresslegress 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.
Landscapinn/Bu ffering
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 78-3 14).
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 78-1 59, 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: November 19,2009
Ordinance 32,2009 and Resolution 84,2009
Page 5 of9
Regulations.
The following is staffs analysis based on the criteria set forth in Section 78-52(d), Conditional Uses:
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.
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.
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 CG1, CG2, 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: CG1, CG2, PI, M-1, M-lA, 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: November 19,2009
Ordinance 32,2009 and Resolution 84,2009
Page 6 of9
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 78-1 59
(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: November 19,2009
Ordinance 32,2009 and Resolution 84,2009
Page 7 of9
(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:
Noise,
Glare,
Odor,
Ground, wall, or roof-mounted mechanical equipment,
Perimeter, interior, and security lighting,
Signs,
Waste disposal and recycling,
Outdoor storage of merchandise and vehicles,
Visual impact,
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 fagade 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: November 19,2009
Ordinance 32,2009 and Resolution 84,2009
Page 8 of 9
Dimensional standards. The proposed use meets or exceeds all dimensional requirement
required by the chapter.
All applicable dimensional requirements have been met.
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.
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: November 19,2009
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.
Temple Beth David
Location Map
To:
MTP Group, lnc.
12798 Forest Hill Boulevard, Suite 303
Wellington, FL 334 14
Phone: (5611 795-0678 Telefax: (561) 795-0230
MEMORANDUM
Sean C. Donahue, P.E.
LBFH, Inc.
&dT From: Maria M. Tejera, P.E.
Date: April 26, 2001
Subject: Temple Beth David
I
We have completed a review of the traffic statement prepared by Yvonne Ziel Traffic Consultants,
Inc. dated April 26, 2001 in reference to the project mentioned above. Temple Beth David is an
existing development located on the north side of Hood Road between Central Boulevard and
Military Trail in the City of Palm Beach Gardens. The proposed development includes an
expansion of the existing 8,808 square-feet synagogue to 30,095 square-feet. Buildout of the
project is anticipated in the year 2002.
The proposed expansion has the potential of generating an additional 198 daily trips. In
accordance with Palm Beach County Traflc Pe$ormance Standards, the traffic statement should
address the directly accessed link. There is available traffic capacity today along Hood Road
between Central Boulevard and Military Trail. However, several projects have been approved
recently which will add a substantial amount of traffic to this segment of Hood Road. We
reviewed available traffic projections for this segment of Hood Road. Based on these projections,
the link of Hood Road between Centra,! Boulevard and Military Trail is expected to operate at
e acceptable traffic conditions in the year 2062. Therefore, the proposed -expansion meets Daflc
Pe?$ormance Standards and can be approved.
Should you have any questions, please give us a call at (561) 795-0678.
C:\mtpWBG\TempleEkthDavid.MemoS .wpd
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
ORDINANCE 32,2009
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.
WHEREAS, in October 1998, the City Council adopted Ordinance 41, 1998,
annexing the five (5) acre parcel into the City of Palm Beach Gardens, which contained
an 8,308-square-foot structure; and
WHEREAS, in September 2001 , the City Council adopted Ordinance 29, 2001 ,
approving an amendment to the previous Conditional Use to allow an additional 21,787
square feet of development for a total of 30,095 square feet; and
WHEREAS, the City has received a request (CUMJ-08-09-000015) from Larry
Winker, on behalf of the Northern Palm Beach County Jewish Community Center, for
approval of an amendment to the previous Conditional Use approval to allow a 1,800-
square-foot expansion for the construction of a youth lounge, office, and storage
facilities; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is more appropriate that the concurrent master site plan
approval and the conditions related thereto be approved via a separate Resolution of
the City Council (Resolution 84, 2009); and
WHEREAS, on September 8, 2009, the City’s Planning, Zoning, and Appeals
Board reviewed the application and recommended that it be approved subject to the
conditions stated herein with a vote of 7-0; and
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
Ordinance 32. 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 81, PAGES 181 AND 182,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 5 ACRES, MORE OR LESS.
SECTION 2. Any and all future amendments to the Temple Beth David
development plans, Conditional Use, and conditions of approval shall be approved by
Resolution, except as otherwise provided in the Palm Beach Gardens Code of
0 rd i na n ces.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any 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
this Ordinance.
SECTION 5. Specific authority is hereby granted to codify this Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
2
Ordinance 32, 2009
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
a
2a
PASSED this /$?day of OcnUM
PASSED AND ADOPTED this day of , 2009, upon second
, 2009, upon first reading.
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
G:\attorney-share\ORDlNANCES\2009\Ordinance 32 2009 - temple beth david - major condition use with site plan.doc
3
1
2
3
4
5
6
7
8
9
IO
11
12
13
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
RESOLUTION 84,2009
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.
WHEREAS, in October 1998, the City Council adopted Ordinance 41 , 1998,
annexing the five (5) acre parcel into the City of Palm Beach Gardens, which contained
an 8,308-square-foot structure; and
WHEREAS, in September 2001, the City Council adopted Ordinance 29, 2001 ,
to approve an amendment to the previous Conditional Use to allow an additional 21,787
square feet of development for a total of 30,095 square feet; and
WHEREAS, the City has received a request (CUMJ-08-09-000015) from Larry
Winker, on behalf of the Northern Palm Beach County Jewish Community Center, Inc.,
for approval of an amendment to the previous Conditional Use approval to allow a
1,800-square-foot expansion for the construction of a youth lounge and office and
storage facilities; and
WHEREAS, the subject parcel has a Residential High (RH) zoning designation
and a RH Future Land Use designation; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, on September 8, 2009, the City’s Planning, Zoning, and Appeals
Board reviewed the application and recommended, with a vote of 7-0, that it be
approved subject to the conditions stated herein; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
Resolution 84,2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The request by Larry Winker, on behalf of the Northern Palm Beach
County Jewish Community Center, Inc., for approval of an amendment to the Temple
Beth David Conditional Use is hereby APPROVED, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
resolution, on the following described real property:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 81, PAGES 181 AND 182,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 5 ACRES, MORE OR LESS.
SECTION 3. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
1.
2.
3.
4.
The total capacity for the site, throughout each of the two phases and at
completion, shall be limited to a maximum of 275 sanctuary seats, 102
students, and 127 parking spaces (carried forward from Ordinance 29,
2001).
The Applicant, its successors, or assigns shall have to submit to the City
(each August) a letter certifying the number of students that are enrolled for
that particular school year. (Development Compliance)
Prior to Construction Plan approval, the Applicant shall provide an itemized
cost estimate for the project, including all landscaping and irrigation costs,
as specified in Section 78-461 of the LDR, for review and approval by the
City in order to establish surety. The cost estimate shall be dated, signed,
and sealed by a landscape architect registered in the State of Florida.
Surety will be based on 11 0 percent of the total combined approved cost
estimates and shall be posted with the City. (City Forester)
The existing vegetation located around the proposed two (2) story structure
meets the code requirements for foundation landscaping. The existing
heights are 17 feet and 14 feet for the palms and trees, respectively.
Should any existing palms or trees have to be replaced due to damage or
death during construction of the two-story addition, these heights shall
apply. (City Forester)
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
~
5.
6.
7.
8.
9.
IO.
11.
12.
13.
14.
Resolution 84, 2009
Prior to issuing the Certificate of Occupancy for the expansion area, the
Applicant shall remove all prohibited and invasive nonnative plants from the
site in accordance with Section 78-318 of the LDR. (City Forester)
Prior to the issuance of the infrastructure permit, the Applicant shall provide
construction plans, including, but not limited to, paving, grading, and
drainage plans, along with surface water management calculations and
hydraulic pipe calculations for City review and approval. The paving,
grading, and drainage plan and calculations shall be signed and sealed by
an engineer licensed in the State of Florida. (Director of Engineering)
Prior to the issuance of the infrastructure permit, the Applicant shall provide
to the City letters of authorization from the applicable utility companies
allowing landscaping and light poles to be placed within the utility
easements. (Director of Engineering)
Prior to the issuance of the infrastructure permit, the Applicant shall provide
a signed and sealed pavement marking and signage plan, or provide the
same on the engineering plans. (Director of Engineering)
Prior to the issuance of the infrastructure permit, the Applicant shall provide
a signed and sealed Photometric Plan and submit a Site Lighting permit for
the expansion area. (Director of Engineering)
Prior to the issuance of the infrastructure permit, the Applicant shall
schedule a pre-permit meeting with City staff. (Director of Engineering)
Prior to the commencement of construction, the Applicant shall provide all
necessary construction zone signage and fencing as required by the
Director of Engineering. (Director of Engineering)
Prior to the issuance of the Certificate of Completion, the Applicant shall
provide copies of the required FDOT testings for City review. (Director of
Engineering)
The Applicant shall provide the Director of Engineering with copies of all
permits, permit applications, and Requests for Additional Information (RAls)
to and from regulatory agencies regarding issues on all permit applications,
certifications, and approvals. (Director of Engineering)
The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant's
responsibility to resolve said impacts in a period of time and a manner
3
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
15.
16.
17.
18.
19.
Resolution 84, 2009
acceptable to the City prior to additional construction activities. The City
may cease issuing building permits and/or Certificates of Occupancy until
all drainage concerns are resolved. (Director of Engineering)
The Applicant shall comply with all Federal Environmental Protection
Agency and State of Florida Department of Environmental Protection permit
requirements for construction activities. (Director of Engineering)
Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by
the Police Department. Non-compliance with the approved security and
management plan may result in a Stop-Work Order for the PUD. (Police
Department)
The Applicant shall notify the City’s Public Works Division at least ten (IO)
working days prior to the commencement of any workkonstruction activity
within any public right-of-way within the City of Palm Beach Gardens. In the
case of a City right-of-way, the Applicant has at least five (5) working days
to obtain a right-of-way permit. Right-of-way permits may be obtained at
the Building Division. Failure to comply with this condition could result in a
Stop-Work Order of all workkonstruction activity within the public right-of-
way and the subject development site. (Public Works)
Prior to the Certificate of Occupancy for the expansion area, all rooftop
equipment shall be screened to the satisfaction of the Growth Management
Administrator. (Planning & Zoning)
Prior to the Certificate of Occupancy for the expansion area, all approved
modifications to the parking area shall be completed. (Planning & Zoning)
SECTION 4. This petition is approved subject to strict compliance with the
1.
Exhibits attached hereto and made a part hereof as follows:
Site Plan, Sheet MSP 1 .I , by Larry J Winker Architect, dated July 27, 2009.
2. Floor Plan, Sheet A2.1 , by Larry J Winker Architect, dated August 24, 2009.
3. Elevations, Sheets A5.1 and A6.1, by Larry J Winker Architect, dated July
27,2009.
4. Landscape Plan, Sheet L-I, by Gentile, Holloway, O’Mahoney &
Associates, Inc., dated July 17, 2001.
SECTION 5. All previous conditions of approval shall remain in full force and
effect except as modified hereinabove.
4
Resolution 84, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2009.
CITY OF PALM BEACH GARDENS, FLORIDA
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
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
---
---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO ---
G:\attorney-share\RESOLUTlONSUOO9\Resolution 84 2009 - temple beth david - major conditional use with site plan.doc
5
EXHIBITS
I
7l
2 6
-
NORTH
CENTRAL BOULEVARD /
I
I
I I
I
~~ I
BBB B B
15
Q QQ
TEMPLE BETH DAVID
NEW STRUCTURE EXPANSION AND
EXISTING OFFICE
RENOVATION
4657 HOOD ROAD
PALM BEACH GARDENS, FLORIDA 33418
t .O-.BZ I Q 0 C 2 0
r
m r
b 2 0
C U U
n
2
a"
n' C m r n r 0 0 IJ
U
2
b 2 0
r Y rn
n m
6
!
2
5 U
2
I1
r-------- 4 Ii -
--1
I
-1
ZI
'I
71
II -1- w
Q
0 C 2 0
C m r
n
n'
k+l
.OL-.6
, r ri-1-1-1 I-I- I Ill I
I ?
I 7 22.6 ' .OL-.S ' "P.8 .9-.c
TEMPLE BETH DAVID
NEW OFFICE EXPANSION AND
EXISTING OFFICE
RENOVATION
4657 HOOD ROAD
PALM BEACH GARDENS, FLORIDA 33418
TEMPLE BETH DAVID
NEW OFFICE EXPANSION AND
EXISTING OFFICE
RENOVATION
4657 HOOD ROAD
PALM BEACH GARDENS, FLORIDA 33418
r--
OD
OD
OD
DD
OD
+e
c
2
T-
TEMP -E BETH DhJID
NEW OFFICE EXPANSION AND
EXISTING OFFICE
RENOVATION
4657 HOOD ROAD
.' 1
0
8
8
8
is $ 8
I , i i I -- 'L I Q
I J
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE: November 2,2009
mu. Roa Ferris, City Manager
FROM:
SUBJECT:
C:
Mayor Russo and City Council Members
Kara L. Irwm, AICP, Growth Management Administrator
CPSS-07-08-000001 Balledsles West Outparcel Future land Use Map Amendment
Stacy Rundle, Assistant City Manager
R Max Lohman, City Attorney
Patricia Snider, CMC, City Clerk
At the April 2, 2009, City Council meeting, the Council voted to continue the public hearing for the
BallenIsles West Outparcel small-scale future land use amendment to November 19,2009. The original
public hearing was advertised, per Florida Statutes, on March 19, 2009. Currently, the applicant has
requested to continue the public hearing to January 21, 2010 (attached). A letter of support for the
continuance has also been received from the Ballenlsles Community Association (attached).
During the advertised public hearing on November 19,2009, the City Council has the ability to hear the
application and vote on the Ordinance or continue the public hearing to a date certain, as requested by the
Applicant.
In the event that the application is continued to January 2010, staff is recommending that the required
notice in the Palm Beach Post for the public hearing be re-advertised according to Florida Statutes since it
has been nearly a year fiom the originally advertised public hearing date.
4 John C
.4 L;: BILLS Eflbprises
2401 PGA Boulward Suite 280 Palm Eeach Gardens, FL 33410
(561) 6274000 Fax (561) 694-8709
Ms Kara Irwin October 15,2009
Growth Management Admirdrator
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Ordinance 15,2009 - BallenIsles West OutParcel
Dear Kara,
As you know all to well the City Council public hearing on this matter was continued
from April 2,2009 to November 19,2009. Well, since that last hearing we have been
actively engaged in further discussions, meetings and negotiations with the BICA
representatives and their attorney, Gregory Kino, Esq..
Our discussions seem to be moving in a positive direction and therefore we are in mutual
agreement that we should postpone the November 19‘h hearing. I realize that, as the
Petitioner, any request for postponement must come from us. By this letter I am asking
that the City Council action and vote on this matter be postponed until the second
meeting in January 201 0. I realize that the previous postponement was to a time certain
and that the November 19,2009 public hearing will most probably have to be opened on
this matter, but it will be our intention at that hearing to request another extension.
So as to avoid any misunderstanding at the November 19,2009 hearing, you will soon be
receiving a letter fiom the BallenIsles Community Association Board indicating that they
also wish for a postponement.
Sorry for the multiple continuations, but hopefblly we are nearing the end of a long
journey.
/ Best regards,
John Tiffany
Any information given herewith is obtained from sources we consider reliable. However, we are not responsible for
misstatements of fact, errors, omissions, prior to sale, withdrawal from marker, or change in prlce wllhout notice.
BALLENISLES COMMUNITY
ASSOCIATION, INC.
303 BallenIslts Drive
Palm Beach Oardens, FL 33418
Telqhont (561) 625-5724
Facsimile (561) 625-2621
E-mail: bicmbi-
Websitc: www.ballenislescommunitv.com
VIAEMAILANDREGULAR11
Kara Irwin
Growth Management Administrator
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
October 19,200s
UL
BOARD OF DIRECTORS
David Paulson-President
Michelle Cassanetti-VPhndscaping
Roma Josephs-VP/Modifications
Skip Schatz-VPMarketing
Lawrence Levey-~reasurcT
Robert Kr~~n~~Se~retav
RECEIVED
I OCT *Oo9 I I I
ClTy QF PALM WAC1 I GAIZDENS CITV MANAGER
Re: FLUP Amendment for BallenIsles West Outparcel
Dear Ms. Irwin:
As contemplated by John Tiffany’s letter dated October 15,2009 on the above referenced
matter, this letter is to support the Petitioner’s request to postpone the FLUP Amendment hearing
presently scheduled for November 19’ to the second meeting in January of 2010. As Mr.
Tiffany represented, the BallenIsles Community Association Board has been actively discussing
a resolution of our concerns over the proposed application and the resulting development
potential.
If you believe that the City Council will have any issue with the proposed request, please
notify us well in advance of the November 19* hearing. Otherwise, based upon the Petitioner’s
request and our ongoing good faith discussions, we will not be attending that hearing.
Sincerely yours,
fl
President, Board of Directors
BallenIsles Community Association, Inc.
cc: Board of Directors BICA
Gregory S. Kino, Esq.
John Tiffany
CITY OF PALM BEACH GARDENS
CITY COUNCIL AGENDA COVER MEMORANDUM
Meeting Date: November 19,2009
Petition No. CPSS-07-08-00001
Ordinance 15,2009
SUBJECT~AGENDA ITEM
Petition No. CPSS-07-08-000001
Ordinance 15,2009: BallenIsles West Outparcel Future Land-Use Map Amendment
First Reading and Public Hearing: A request by Cotleur & Hearing, Inc., agent for E. W.
Outparcels, LLC, for a Small Scale Comprehensive Plan Map Amendment to modify the Future
Land Use Map to change the designation from a Residential Low (RL) Future Land Use category
to a Professional/Office (PO) Future Land Use category of an approximately 7.3 1 -acre vacant
parcel of land, known as the BallenIsles West Outparcel, generally located at the southwest
corner of the intersection of PGA Boulevard and BallenIsles Drive.
[ ] Recommendation to APPROVE
[ X ] Recommendation to DENY
Reviewed by:
x N ta e Wong, AICP
I 1 Approved By:
Originating Dept.:
Growth Management:
Martin Schneider
Planner
[ ] Quasi-Judicial
[ XI Legislative
[ X 3 Public Hearing
Advertised:
Date: March 18,2009
Paper: Palm Beach
Post
[ ] NotRequired
*Postponed to
11/19/09
Affected Parties:
[ X ] Notified
[ ] Not Required
Finance Dept.:
NIA
Allan Owens,
Administrator
Senior Accountant:
Tresha Thomas
Fees Paid: [ ]
Date:
Funding Source:
[ ] Operating
[XIOther NA
Budget Acct.#:
NA
City Council:
[ ] Approval 1'' reading
[ ]Denial
[ ]Postponed
[ 3 Continued to:
Attachments:
e Applicant's Justification
Statement
Location Map
Existing & Proposed
Future Land Use Maps
and Surveys
Traffic Analysis
e Comparative Analysis of
IPARC Executive
Ordinance 15,2009
Impacts
Summary
Meeting date: November 19,2009
Petition CPSS-07-08-0000 1
Ordinance 15,2009
EXECUTIVE SUMMARY
The subject site known as the BallenIsles West Outparcel is located at the southwest corner of
the intersection of PGA Boulevard and BallenIsles Drive, and consists of 7.31 acres of vacant
land. The BallenIsles West Outparcel is currently designated with a Residential Low (RL)
Future Land Use category within the Residential Low Density-3 (RL-3) zoning district. The
applicant is proposing to amend the Future Land Use Map to designate the property with the
Professional/Office (PO) Future Land Use category. The applicant is proposing to construct an
office park on the property. At the January 27, 2009, public hearing, the Planning, Zoning and
Appeals Board, acting as the Local Planning Agency, recommended approval of the future land
use change by a vote of 5-2. Staff recommends denial of the proposed future land use
amendment petition.
BACKGROUND
Although the subject property is known as the BallenIsles West Outparcel, it is not located
within the BallenIsles Planned Community Development (PCD). The subject property was
designated with the Residential Low Future Land Use category, and a Residential Low Density
(RL-3) zoning designation. The subject property and the property to the east across BallenIsles
Drive (designated Commercial) were owned by John D. MacArthur at the time of the BallenIsles
PCD approval, and were purchased by Dexter Development Co. in 2003. Both parcels have
remained vacant.
FUTURE LAND USE COMPATIBILITY WITH SURROUNDING AREA
The applicant is proposing non-residential development in an area that was envisioned by the
City’s Vision Plan, Future Land Use Map, and Zoning Map as Residential Low. A majority of
the PGA corridor between Military Trail and the Turnpike interchange consists of residentially
designated properties, including property that has since been re-designated from Residential to
Mixed Use (PGA Commons and MidtowdBorland Center PUDs).
To the north across PGA Boulevard is a large residential development known as Old Palm Golf
Club Planned Community Development (PCD) that consists of single family homes, and it is
designated with a Residential Medium (RM) FLU category within the PCD zoning district.
Abutting the property to the south is the BallenIsles PCD, which consists of single family homes
and designated with a mix of Golf, Residential Low and Residential Medium FLU categories
within the PCD zoning district. To the east and across from BallenIsles Drive is an undeveloped
commercial outparcel, designated with the Commercial FLU category within the Commercial
Neighborhood zoning district. To the west is a small tract of land utilized for a maintenance
facility, designated with the Residential Low FLU category within the Residential Low Density-
3 (RL-3) zoning district.
The requested PO land use is not complementary with the surrounding area on three sides, and it
is not compatible with the vision of PGA Boulevard in this area. The Applicant’s request to add
professional office at this site would bring non-residential intensity to both sides of BallenIsles
Drive, and create a new non-residential node at the intersection of PGA Boulevard and
2
Meeting date: November 19,2009
Petition CPSS-07-08-00001
Ordinance 15,2009
BallenIsles Drive. Although the applicant contends that PO is the most compatible land use on
the basis that PO is a transitional use between residential and a major arterial, the character of
PGA Boulevard west of Military Trail is residential in nature and the transition is not necessary
in this location. Examples of residential land use along this segment of PGA Boulevard include:
PGA National, Mirasol PCD, Old Palm Golf Club PCD, Woodland Lakes, and the residential
components of the Midtown and Commons mixed-use projects.
URBAN CHARACTER OF BALLENISLE DRIVE
BallenIsles Drive is a two-lane restricted access right-of-way, with a guardhouse 620 feet from
the PGA intersection. It serves as a “front entrance” to BallenIsles Drive and does not support
having non-residential land uses on both sides. With the change of land use to Professional
Office (PO), the BallenIsles Drive and PGA intersection would become a new non-residential
node on the corridor. The only examples of straight non-residential nodes in this two (2) mile
stretch of PGA Boulevard are Mirasol WalWShoppes on the Green at PGA Boulevard and
Fairway Drive, and Gardens Square Shops at Military Trail and PGA Boulevard. BallenIsles
Drive has a different urban character than these two examples of non-residential nodes on PGA
Boulevard .
The intersection of Military Trail and PGA Boulevard is an intersection that consists of two
major arterials and does not share similarities to BallenIsles Drive and PGA Boulevard. The
intersection at Fairway Drive and PGA Boulevard is an intersection that consists of a residential
entrance into gated communities; however, the difference is that this intersection was planned for
non-residential development. Through the Development of Regional Impact (DRI) process, this
non-residential node was designed and planned to minimize impact to the residents utilizing this
entrance. An example of such design is the provision of a second entrance off PGA Boulevard
for residential traffic.
During the Planned Community Development process, BallenIsles Drive was planned for
residential traffic, and afterward, the east outparcel was re-designated Commercial. However, the
entrance to the community was never redesigned to accommodate the combination of residential
and non-residential traffic. Staff notes that non-residential traffic from both sides of the road
would enter BallenIsles Drive in close proximity (240 feet) to the community’s gatehouse and in
a location with limited visibility due to enhanced landscaping and a curve in the road. Therefore,
staff notes that the additional intensity that a professional office will generate on BallenIsles
Drive negatively affects the existing urban character.
COMPATIBILITY WITH THE VISION PLAN
The City’s Vision Plan serves as a land-use guide for all land-use designation changes in the
City. The Vision Plan designates the subject site as Residential Low. Therefore, the change to
PO is not consistent with the intent and objective of the Vision Plan for this area. Although the
Vision Plan encourages non-residential land uses along the PGA corridor, the establishment of a
“main street” along PGA does not intend to proliferate non-residential along the entire corridor.
The character of PGA west of Military Trail is predominately residential or mixed-use.
3
Meeting date: November 19,2009
Petition CPSS-07-08-00001
Ordinance 15,2009
The intent of the PGA Boulevard Corridor is to act as a “divider of different land uses”
(emphasis added), or to provide our main street with opportunities to live, work and play. The
purpose of the “Main Street” concept is to ensure that all different land uses, including
residential, are planned for and in some cases, preserved fiom becoming a strip of one single use
(non-residential).
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed Future Land Use Map amendment is not consistent with the Goals, Objectives, and
Policies of the Future Land Use, and Transportation Elements of the City’s adopted
Comprehensive Plan. An example of some of the goals, objectives and policies that are not
consistent with, and do not support the proposed amendment, are listed below:
Future Land Use Element
Goal 1.1.5.: Future growth, development and redevelopment shall be directed to areas
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal
natural limitations; the goals, objectives, and policies contained within this Comprehensive
Plan; and the desired community character.
The proposed change in the Future Land Use map is not consistent with sound planning
principles, as it will intensify the use in an area predominately residential, or mixed-use. This
segment of PGA (west of Military Trail) is characterized as having non-residential nodes as part
of mixed use developments, and therefore utilizing internal trip capture to minimize the potential
traffic impacts. This segment, anchored by non-residential nodes at Military Trail, and at
Fairway Drive, has three such mixed-use development nodes, one at Central Boulevard (two
corners), the other at Shady Lakes Drive (three corners)
The location of Professional Office uses directly abutting residential uses, and the increased
intensity of uses allowed in the Professional Office Land Use category at this intersection will
create a node of non-residential on both sides of BallenIsles Drive that does not provide an
appropriate transition of uses. This intersection has historically been for residential traffic
entering and exiting the BallenIsles PCD, and also serves as the main entrance to Old Palm. This
is an important access to those traveling fiom the Turnpike to the two communities. Both
communities consider their PGA Boulevard access as their “front” access, due to the prestige of
the PGA Boulevard corridor.
Furthermore, the proposed Professional Office use will require access off of BallenIsles Drive
for traffic making a left turn coming fiom the east, and traffic exiting the site going to the west
(toward the Turnpike). If the FLUM amendment is approved, BallenIsles Drive will have
accessibility constraints due to the proximity of their private gate, the intersection of two non-
residential properties and the intersection with PGA Boulevard within approximately 750 feet.
Staff notes that the section between the access and the private gatehouse exhibits a wide curve in
the road and an abundance of street trees in the median that further create an unsafe access for
the intensity of trips being proposed. Staffs professional opinion is that the proposed land use
change presents safety concerns due to the increased amount and intensity of traffic in this
confined space.
4
Meeting date: November 19,2009
Petition CPSS-07-08-00001
Ordinance 15,2009
Staff notes that the original BallenIsles Master PCD Plan designated the east and west outparcels
on BallenIsles Drive as Residential Low. Although the east outparcel was amended to allow
neighborhood commercial uses, staff believes this trend does not justi@ the continued departure
fiom the original master plan.
TransDortation Element
Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways
Policy 2.1.1.6.: The City shall require that adequate roadway capacity, at the adopted level of
service standards, is or will be available when needed in order to serve new development.
As demonstrated in the applicant’s traffic analysis, the proposed maximum development
potential of the land use change will have a significant level of impact on segments of roadways
that are projected to fail the adopted LOS standard D. Furthermore, other segments and
intersections that are close to falling below LOS D are significantly impacted by the FLUM
amendment. The above referenced Objective and Policy of the Comprehensive Plan does not
allow considerations of de minimus that would normally be accepted with concurrency review.
The Comprehensive Plan clearly states that any additional traffic above a failing level of service
shall be available to serve new development. Staff emphasizes that the proposed future land use
change is clearly inconsistent with the Comprehensive Plan.
HISTORICAL AND ARCHEOLOGICAL RESOURCES
No historical and/or archeological resources have been identified on site, according to the
Applicant.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE
The site contains disturbed land consisting of undeveloped open area with some Banyan trees
along the southern end of the property. Existing vegetation at the southeast comer of the site will
be incorporated and protected if possible into the site design of any future development. Wildlife
is scarce and no signs of hydrology exist on-site and habitat for threatened and endangered
species is lacking.
The environmental analysis indicated that the property has suitable soil for the proposed
development. The site was previously permitted by JDM Country Club (BallenIsles Country
Club). The Master Stormwater Management System for BallenIsles provides water quality
treatment and stormwater attenuation for this project consistent with the Stormwater
Management Sub-Element of this Comprehensive Plan.
[The remainder of this page intentionally left blank]
5
Meeting date: November 19,2009
Petition CPSS-07-08-0000 1
Ordinance 15,2009
Max.
Development
Potential
29 Single-
family units
TRAFFIC CONCERNS
Max. External Recreation/Pa Sanitary Potable Solid
Density/ Trip rks Sewer Water Waste
Intensity
290
4ddacres AADT* .1 acres
Trips
7,447.2 13,294 57 1
gpd** gpd* * Ibslday
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING FUTURE LAND-USE
CATEGORY
Max.
Development
Potential
PO -two
story office
building
The maximum development potential that is allowed under the existing FLU category of
Residential Low is outlined in Table 1. In accordance with the Comprehensive Plan, the
maximum allowable density is four (4) units per acre. Therefore, the maximum allowable
development under the existing Palm Beach Gardens FLUM on the approximately 7.31 acres
would be 29 dwelling units.
Max. External Trip Recreation Sanitary Potable Solid Waste
Density / /Parks Sewer Water (garbage
Intensity only)
222,896
square feet
office
22,290 22,290 3,358.71
gpd** ad** lbslday N/A 2,349
AADT* Trips
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND-USE
DESIGNATION
The proposed FLUM amendment for the 7.31 acre property is to change to the
Professional/Office (PO) FLU category, which allows a maximum allowable development of
35% of the site and a maximum height of 36 feet. Therefore, the maximum allowable
development under the existing Palm Beach Gardens FLU category for a three story building (36
ft / 10 ft per story) on the approximately 7.31 acres would be (7.31 x 43,560 x 0.35 x 3) or
334,344 square feet. However, the Professional Office zoning district does not permit 3 stories
without a waiver and therefore, staff has accepted a lower reasonable maximum potential.
Because the maximum allowable development under the corresponding zoning district is a two
story building, the accepted maximum allowable development for the land use change is 222,896
square feet. The maximum development potential that is allowed under the proposed FLU
category of Professional Office is outlined in Table 2.
*Average Annual Daily Traffic **gallons per day
6
Meeting date: November 19,2009
Petition CPSS-07-08-0000 1
Ordinance 15,2009
222,896
square feet
Office
POTENTIAL IMPACT UNDER PROPOSED CHANGE
+2,059
AADT*
Trips (289 PM
Peak hour)
NIA
A Comprehensive Plan Map amendment should be analyzed utilizing the proposed maximum
development allowed within the proposed future land use (two floors of office at 35% lot
coverage) because it accurately reflects the applicant’s Future Land Use Map entitlement.
Whether an applicant can gain concurrency or site approval should not be considered in the
analysis, as the decision to modify the FLUM must be made independent from proposed site
plans. Staff has summarized the applicant’s traffic analysis prepared by Kimley-Horn and
Associates in the following tables. Table 3 summarized the level of impact due to the change in
the future land use from RL to PO.
Table 3. Sum1
Increased
Development
Potential
PO -two
story office
building
arv of Level of Analvsis ImDact From the Chanee in Future Land Use
Recreation
/Parks
Intensi
*Average Annual Daily Traffic **gallons per
-
Increased
Sanitary
Sewer
+14,842.8
ad**
Increased
Potable
Water
+8,996
gpd**
Increased
Solid Waste
+2,787.71
lbslday
As illustrated by Table 3, the proposed land use change will potentially increase the number of
external trips by 2,059 daily trips and 289 PM peak hour trips. Tables 4 and 5 highlight the
impacts of the maximum development on specific roadway segments. Both tables show
significant levels of impact on 2007, and 2025 Average Annual Daily Traffic (AADT) link
analysis due to the proposed FLUM amendment.
As shown on Table 4, there are significant levels of impact on 2007 AADT link analysis for the
Florida Turnpike, and the segment does not meet adopted LOS D. Furthermore, two segments on
PGA Boulevard are significantly impacted by the development; however they currently meet the
adopted LOS D.
Table 4.2007 AADT LINK ANALYSIS
As Table 5 indicates, the proposed maximum development also shows significant levels of
impact on 2025 AADT link analysis for PGA Boulevard on the BallenIsles Drive, and Central
Boulevard segment. Furthermore, this segment does not meet LOS D standard in 2025. The
maximum development also potentially increases 309 trips on the Fairway Drive/BallenIsles
7
Meeting date: November 19,2009
Petition CPSS-07-08-0000 1
Ordinance 15.2009
Drive segment of PGA Boulevard, which is projected to fall below LOS standards.
Table 5.2025 AADT LINK ANALYSIS
PGABlvd - HoodRoad I352 1 .98 I .63%
As shown on Table 6, the two-way peak hour traffic link analysis also demonstrates that two
segments of PGA Boulevard, BallenIsles Drive to Central Boulevard, and Central Boulevard to
Military Trail are significantly impacted.
Table 6. TWO-WAY PEAK-HOUR TRAFFIC LINK ANALYSIS
As shown on Table 7, the potential increase of 1,950 daily trips due to the maximum
development of the future land use change will bring the total projected traffic on the BallenIsles
Drive to Central Boulevard segment of PGA Boulevard to 5 1,999 trips. The number of projected
trips is over the Level of Service (LOS) capacity set forth in the City’s Comprehensive Plan, and
therefore, the future land use change is inconsistent with the policies of the City’s
Comprehensive Plan.
Table 7.2025 PROJECTED AADT BACKGROUND VOLUME WITH PROJECT IMPACT
8
Meeting date: November 19,2009
Petition CPSS-07-08-0000 1
Ordinance 15,2009
POTENTIAL IMPACT OF PROPOSED DEED RESTRICTION
The applicant has proposed a deed restriction on the property, capping the intensity in order to
limit the amount of potential trips. They are willing to cap the entitled intensity to one floor at
the allowed lot coverage of 35%, which translates to 11 1,448 square-feet of general office. This
additional intensity would create 1,087 new daily trips to PGA Boulevard. It would also result in
162 AM Peak Hour trips on the BallenIsles Drive to Central Boulevard segment of PGA
Boulevard. This impact is considered a significant impact to the City’s existing level of service.
Furthermore, the potential addition of 1,143 daily trips to the same segment of PGA Boulevard
will have a 1.83 percent impact to a segment of road that is already projected to be over-capacity.
Since this parcel is not included in the Forbearance Agreement (Resolution 59, 1999), the
existing Constrained Roadway at Lower Levels of Service (CRALLS) designation does not
apply to this parcel. The Forbearance Agreement established the present CRALLS designation
on PGA Boulevard, while restricting development intensities and establishing a linkage plan to
improve traffic circulation patterns. However, staff notes that this parcel does not have the
opportunity to improve traffic circulation patterns, such as what was established by the
Forbearance Agreement. Due to the traffic analysis and considering that PGA Boulevard already
has a CRALLS designation, the proposed deed restriction fails to respond to traffic impacts
generated by the land use change.
Because the potential impact under the maximum intensity fails to meet level of service analysis
(or concurrency standards), the applicant is proposing the use of deed restrictions in order to
reduce the potential traffic impact to fall below a level of “de minimus” significance. However,
this is inconsistent with Section 163.3180(6) F.S., Policy 1.2-11. of the Transportation Element of
Palm Beach County’s Comprehensive Plan, which states that “no project may utilize this
provision if its impact would exceed the adopted level-of-service standard of any affected
designated hurricane evacuation routes.” The County has provisions regarding the use of “de
minimus” impact and one of the provisions for qualifying for de minimus impact exception is
that the impacted roadway is not a hurricane evacuation route. PGA Boulevard is designated as a
hurricane evacuation route and, therefore, the parcel does not qualify for de minimus impact
exception.
LEVEL OF SERVICE ANALYSIS
The Applicant has not demonstrated to the satisfaction of the City’s traffic consultant and staff
that the proposed land-use designation meets all of the level of service standards established in
the City’s Comprehensive Plan. Copies of the level of service analysis were forwarded to the
City’s Police, Fire and Community Service’s Departments. The City’s Fire and Police
Departments have stated that the proposed future land use change will not negatively impact
their levels of service. The Applicant has provided letters from Waste Management and
Seacoast Utilities stating there are adequate capacities to service the proposed development at
their respective adopted levels of service.
The petitioner’s analysis demonstrates that there will be no adverse impacts on water, sewer,
solid waste, police and fire services; however, demand on these services will increase due to the
9
Meeting date: November 19,2009
Petition CPSS-07-08-00001
Ordinance 15,2009
land use change. The demand for sanitary sewer will double, and the demand for solid waste will
increase five-fold.
The petitioner’s analysis demonstrates that there will be significant, adverse impacts on the
adopted Level of Service @OS) standards for traffic. In the County’s review of the
Comprehensive Plan Map Amendment, they expressed concern about the projected peak-hour
traffic impacts on the congested Military Trail and PGA Boulevard intersection. Although the
City has not adopted intersection LOS standards, the County’s concern raises additional potential
impacts.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has
reviewed the proposed amendment, and has raised no objections to date. Prior to the public
hearing in August of 2008, staff received nearly four hundred letters with regard to the
Comprehensive Plan Map amendment from residents of the BallenIsles community and an
objection letter fiom the BallenIsles Community Association (BICA). The overwhelming
majority of the residents’ letters object to the subject petition. Because of the large number and
variety of comments, staffwill request to place into the record a digital copy of all of the letters
received to date at each public hearing. Staff has recently received an updated letter from the
BICA representative, David Paulson, dated January 15,2009 (please see attached), maintaining
their position against the request and requesting that the application for the FLU change be
denied.
The proposed FLUM designation of ProfessionaVOflice is incompatible with the adjacent
properties, with the City’s Comprehensive Plan, and with the City’s Vision Plan. The change in
FLU will be a substantial increase in intensity, and it will create a significant impact on a
segment of PGA Boulevard that is projected to fall below adopted LOS. The location of non-
residential uses directly abutting residential uses provides an inappropriate transition, and the
increased professional ofice intensity on this intersection will create a node of non-residential on
both sides of BallenIsles Drive. This intersection has historically been for residential traffic
entering and exiting the BallenIsles PCD.
Furthermore, the proposed Professional Ofice use will require access off of BallenIsles Drive
for traffic making a left turn coming from the east, and traffic exiting the site going west (toward
the Turnpike). The traffic statement indicates that the proposed change will result in an increase
in the number of trips generated by the site, and it will create a significant impact on a segment
of PGA Boulevard that is projected to fall below adopted LOS.
As demonstrated in the applicant’s traffic analysis, the proposed maximum development
potential of the land use change will have a significant impact on segments of roadways that axe
projected to fail the adopted LOS standard D. Furthermore, other segments and intersections that
are close to falling below LOS D are significantly impacted by the FLUM amendment.
10
Meeting dste: November 19,2009
Petition CPSS-07-0840001
Ordinance 15,2009
The applicant has proposed a deed restriction on the property, capping the intensity in order to
limit the amount of potential trips. Even with the deed restriction, the additional intensity would
create 1,087 new daily trips to PGA Boulevard and would also result in 162 AM Peak Hour trips
on the BallenIsles Drive to Central Boulevard segment of PGA Boulevard, a segment of road
that is already projected to be over-capacity. Due to the traffic analysis and considering that PGA
Boulevard already has a CRALLS designation, the proposed deed restriction fails to respond to
traffic impacts generated by the land use change.
LOCAL PLANNING AGENCY
On August 25, 2008, the Planning, Zoning and Appeals Board PZAB), acting as the Local
Planning Agency voted unanimously (7-0) to postpone the subject petition, as requested by the
Applicant. On October 28, 2008, the Planning, Zoning, and Appeals Board, acting as the Local
Planning Agency, voted unanimously (7-0) to postpone the subject petition to January 27,2009,
as requested by the Applicant.
At the January 27, 2009, public hearing, the PZAB voted 5-2 to recommend approval of the
Future Land Use amendment. Ms. Anne Booth, representing BallenIsles Community, voiced the
community’s opposition to the conversion of the hture land use designation without addressing
the mitigation of impacts to the residents. She stated that the community is concerned about their
quality of life, property values, safety, and aesthetic value of the BallenIsles entrance.
Mr. David Paulson, president of the BallenIsles Community Association (BICA), reflected what
he called the “will and majority of the residents strongly oppose the fiture land use change.” He
stated that approving the hture land use change will alter forever the entitlements, without any
specifics on the true amount of impact that will om. The board is concerned that the
community access to PGA Boulevard is heavily used, and will be negatively impacted by the
traffic that a commercial node will create.
The two dissenting voters on the PZAB expressed concern about the safety and capacity of
BallenIsles Drive. PZAB asked staff whether the future land use and impact of the combination
of residential and non-residential traffic entering BallenIsles would create a saf‘ety risk.
Although a fbture land use change decision does not take into consideration intersection
performance, or road safety evaluation, it became the primary traffic discussion at the PZAB
meeting. The Applicant utilized data that was not contained in the Future Land Use Level of
Service Analysis. Because these site plan issues were utilized by the Applicant to demonstrate
impacts, staff is offering its own evaluation of the impacts that would normally be reviewed
during a concurrency analysis.
St¬es that BallenIsles Drive is not projected to fail in the hture. The segments of road that
fail in the future are along PGA Boulevard, which will be impacted by the addition of non-
residential trips from the proposed future land use change. There is a direct relationship between
increased traffic and the risk of traffic related accidents. The proposed fbture land use change
potentially adds 308 AM peak hour trips, or fwe (5) cars per minute, which is almost double
the current AM peak demand.
11
Meeting date: November 19,2009
Petition CPSS-07-08-0000 1
Ordinance 15,2009
The applicant demonstrated that the PGA Boulevard access is underutilized and is capable of
becoming a commercial node. They compared the AM Peak hour traffic counts of the PGA
Boulevard access with the traffic counts of the other two access points to the BallenIsles
community (one at Northlake Boulevard and one at Military Trail). The applicant stated that the
Military Trail access is used twice as much as the PGA Boulevard access to the BallenIsles
community. However, staff is able to demonstrate that all three access drives have equivalent
numbers of daily trips, and there is a traffic pattern reason why the Military Trail access shows
twice as many AM Peak Hour trips as the PGA access. Please see Table 8, containing all of the
pertinent traffic count information obtained from Palm Beach County intersection data.
Table 8. Existing Traffic Counts at the Three Access Points in BallenIsles
INTERSECTION PEAK HOUR DAILY
71 55 PGA Boulevard & Morning
BallenIsles Drive ~ft~~~~~ 67 90 3723 1223 37985
Northlake Morning 90 52 Boulevard & 3462 1468 38874 BalenIsles Drive Afternoon 59 77
143 142 Military Trail & Morning
Gardenia Drive Afiernoon 175 77 2851 1106 31785
Staff notes that the BallenIsles community encourages their work staff to utilize the PGA access
and their peak hour is not the typical peak hour that is utilized. The workers arrive after the
residents leave in the mornings, and leave BallenIsles prior to the typical PM rush hour.
Furthermore, the amount of stacking that occurs during this time is more excessive because the
amount of time required checking the workers in at the guardhouse. The number of trips existing
at the PGA Boulevard access throughout the entire day is actually higher that the Military Trail
access, supporting the fact that the PGA Boulevard access has two different peak hours.
These numbers do not include the impact of the BallenIsles East outparcel, and the proposed
west outparcel together. The magnitude of having both parcels as non-residential will negatively
impact the intersection that serves as the main entrance to the Old Palm and BallenIsles
communities, as well as commuters utilizing the Turnpike to reach their place of employment
along PGA Boulevard. The addition of the peak hour trips of the west outparcel alone will push
the total peak hour traffic at the intersection over 4,000 trips, or 66 cars per minute.
CITY COUNCIL
On April 2, 2009, the City Council postponed the public hearing to November 19, 2009, at the
request of the applicant.
12
Meeting date: November 19,2009
Petition CPSS-07-08-00001
Ordinance 15,2009
STAFF RECOMMENDATION
Staff recommends DENIAL of the proposed future land use amendment. If the City Council
votes for approval, staff recommends the adoption of Ordinance 15, 2009, which contains the
applicant’s proposed deed restriction notation on Future Land Use Map.
13
Cotleur 81 Hearing
July 31, 2007
Ballenisles West Outparcel
Justification Statement and Description
Small-Scale Future Land Use Plan Map Amendment
TRODUClIONIOVERWEW:
Introduction:
E. W. Outparcel, LLC., (the Applicant) is requesting approval of a future land use
plan amendment for a 7.31 acre property located on the southwest comer of the
intersection of PGA Boulevard and Ballenisles Drive. The subject property is
vacant and undeveloped and is located within the municipal limits of the City of
Palm Beach Gardens. The Palm Beach Gardens Future Land Use map reflects a
RL-Residential Low land use designation for the subject property. A
Comprehensive Land Use Plan Map Amendment to the PO-Professional Office
land use plan designation is being proposed. The proposed modification is
consistent with surrounding development patterns, and is suitable given this
property's location adjacent to both PGA Boulevard and nearby Florida Turnpike.
The application for a Future Land Use Plan Amendment is included in Tab 1 of
the application binder, and the required application fee is located in the front
pocket.
Project Contact:
All correspondence in connection with this request should be directed to the
Agent for the applicant:
Cotleur & Hearing Inc.
Jan Polson
Cotleur & Hearing
1934 Commerce Lane
Suite 1
Jupiter, Florida 33458
Phone: (561) 747-6336 Ext. 112
Fax: (561) 747- 1377
Email: ipolson@cotleu r- hearina .corn
Ballenisles West Outparcel -2-
SmalI-SC.al0 FLUM Amendment
Submitted: July 31,2007
The requested maps have been provided and are located under Tab 5 in the
application binder. A location map and future land use map have been included.
No additional maps are required, as the property has not been excluded from the
Comprehensive Plan analysis, and therefore, no maps need to be updated, with
the exception of the Future Land Use Plan.
1. Size of Site
The subject property is approximately 7.31-acres in size. A copy of a signed and
sealed survey of the subject property, identifying the total land area is included
within the application binder, and is located in the back pocket.
2. Existing Land Uses
The current existing land use of the subject property is primarily vacant.
Existing land uses on surrounding properties are identified below:
North: Old Palm Golf Club PCD
South: Ballenisles Golf Course
East: Maintenance Facility
West: Vacant parcel
An aerial map identifying surrounding land uses is located under Tab 5 of this
submittal package. A future land use plan, identifying surrounding land use
designations, and zoning designations, is included under Tab 5 of the application
binder.
3.
The current Future Land Use designation for the subject property is Residential
Low. The Residential Low land use category allows for the development of a
maximum of 4 units per acre. Given the size of the site, the Applicant could
reasonably develop approximately 29-units on the subject site, under its current
land use classification. The applicant is proposing to amend the Future Land Use
designation to PO-Professional Office which would allow a maximum of 111,448
square foot of office building square footage.
Project Narrative - Development Potentials
The applicant will seek approval of a rezoning to the appropriate zoning district
in the future. The proposed development and intensity is consistent with
surrounding developments, and is appropriate given the sites location adjacent
to two heavily traveled roadways - PGA Boulevard and the nearby Florida
Cotlcur Hearing
1934 Came. Lon, 1
~,Flmkha334#
91 141 6556 141 1311
Ballenisles West Outparcel -3-
SmallScale FLUM Amendment
Submitted: July 31,2007
Turnpike. A copy of the future land use map of the subject site, and surrounding
sites, is included herein.
4. Justification Statement
ect Statement
The proposed land use amendment is being requested in order to develop the
subject property in a manner consistent with surrounding uses and intensities,
and in order to present the City of Palm Beach Gardens with a future project that
will help to fill the need for professional office/commercial demands within the
City. The location adjacent to PGA Boulevard, and within a short distance to the
Florida Turnpike interchange, makes the subject site ideal for
professional/commercial development, as it is easily accessible and is within
close proximity to meet the needs of the nearby residential areas.
Dacts on Facilities and Service$
The proposed land use amendment and subsequent development of the subject
property will not have any significant impacts on local public facilities or the
delivery of City services. The information completed as part of the Public
Facilities Analysis, included within this application package, further identifies that
the proposed project is acceptable from the perspective of public facilities.
nsistencv with Citv Policies
The proposed land use amendment is consistent with the accepted policies of the
City of Palm Beach Gardens. Furthermore, the proposed land use amendment is
consistent with the goals, policies and objectives outlined within the City's
Comprehensive Plan. This is detailed further under number 16 below.
5. Public Facilities Analysis
The proposed development of the subject property has been analyzed with
respect to its impact on the established level of service standards for sanitary
sewer, potable water, traffic circulation, solid waste, drainage and recreation and
open space.
smlmawm Please refer to sewer analysis for further information as completed by
Keshavarez & Associates, Inc., and is included herein, under Tab 8 of the
application binder.
potable Water
Please refer to potable water analysis for further information as completed by
Keshavarez & Associates, Inc. and is included herein, under Tab 8 of the
application binder.
Cotleur Hearing
1934 CUIWUU Lor*. od. 1
*4r.AolldosJlsll
561 141 63% Fa141 W7
Bollenides West Outparcel -4-
SmalCScale FLUM Amendment
SubmHtod: July 31,2007
Trafflc Cir-
Please refer to traffic analysis for further information as completed by Kimley-
Horn & Associates, Inc. and is included herein, under Tab 7 of the application
binder.
sQuumb Please refer to solid waste analysis for further information as completed by
Keshavarer & Associates, Inc. and is included herein, under Tab 8 of the
application binder.
Dlrainaae A Drainage Analysis was completed for the subject project by Keshavarez &
Associates, Inc. and it is included in Tab 8 of the application binder.
Recreation and ODen Snace
An analysis is not required as this request is related to a non-residential
amendment.
6. Character Analysis
The maps of the subject property, included under Tab 5, help to visually identify
the suitability of this site for the proposed development program. The soils are
suitable for development, the topography is appropriate for development, and
there are no natural or historic resources which would be adversely impacted by
the proposed development of the subject property.
7. Population Projections
An analysis is not required as this request is related to a non-residential
amendment.
8. Housing Needs Analysis
An analysis is not required as this request is related to a non-residential
amendment.
9. Hurricane Evacuation Analysis
An analysis is not required as this request is related to a non-residential
amendment.
10. Beach Accessibility
This proposed Future Land Use Map Amendment does not affect beach
accessibility, as the subject property is not located along the waterfront.
11. Endangered Species
The subject property does not contain any habitat for species listed by federal,
state or local agencies as endangered, threatened or of special concern. A copy
Ballenisles West Outparcel -5-
SmallScale FLUM &nendment
Submitted: July 31,2007
of the Environmental Analysis Reports, completed for the subject site, are
included under Tab 6 of the application binder.
121 Local Governments
The applicant does not anticipate that any adjacent / surrounding local
governments will be impacted by the proposed amendment. The subject
property is bounded on all sides by City of Palm Beach Gardens properties.
13/ 14.Capital Improvements Analysis
The proposed FLUM Amendment is not based on the annual monitoring and
evaluation review of the Capital Improvement Element of the Comprehensive
Plan. The applicatlon will not have a significant impact on the City's capital
improvements program, including public facility needs and ability to finance
capital improvements.
15. Market Study
A market study was not prepared for this proposed amendment to the PO-
Professional Office land use designation.
16.
The proposed future land use amendment is compatible, and consistent, with a
number of goals, objectives and policies within the City of Palm Beach Gardens
Comprehensive Plan. The following section defines the specific goals, objectives
and policies, and identifies how this proposal is consistent with, and furthers, the
defined goal.
Future Land Use Element Compatibility
Future md Us e Element
Objective 1.1.31: Development orders and permits for
development and redevelopment activities shall be issued only in
those areas where suitable topography and soil conditions exist
to support such development.
The prvposed hture land use amendment relates to the development of a
site that has suiable topography and soil conditions to support the
pmposed development, under the pmposed Po - Pmfessional
guidelines. Envimnmental epds were competed fix both parcels
Included in the subji site and idenH@ that the property bas suitable soil
hr the proposed development Please ereer to Envimnmental Analyses
includedin Tab 6.
Policy 1.1.2.6.: The developer/owner of any site shall be
responsible for the management of run-off consistent with the
goals, objectives, and polices of the Stormwater Management
Sub-Element of this Comprehensive Plan.
Cotleur Hearing
1934conmruLm.suI1
~Fic#J334S
661 747 6336 Fu 747 1377
Balbnlsler West Outparcel -6-
SmalCScale FLUM Amendment
Submitted: July 31,2007
The site was previously permitted by JDM Country Club (Ballenisles
Counby Club). The Master Stormwater Management System for
Ballenlsles provides water quafity treatment and stomwater attenuation
for this project consi3knt with the Stormwater Management Sub-Element
of this Comprehensive Plan.
Policy 1.1.3.2.: All proposed development shall be located in a
manner such that the natural topographic features of the site are
not adversely altered so as to negatively affect the drainage of
neighboring properties or visual aesthetics of the area.
The requested moaifiwtion to the Po - Pmfessional OiRe future land use
designation will allow for the development of the site without the creation
of any negative dminage or visual impacb: The site was previously
permitted by JDM Country Club (&llenisles Country Club). n7e Master
Stormwater Management System for LWenisIes provides water quality
treatment and stormwa&r attenuation for #is prolecc; &iHng
vege&tion exia at the southeast comer of the site and will be
incorporated if possible into the site design of any future development
Objective 1.1.4.: Development orders and permits for
development and redevelopment activities shall be issued only in
areas where public facilities necessary to meet the level of
service standards are available concurrent with the impacts of
development.
Under the guidelines set fo& for a W-Professional mce pmperty, the
pmposed development will continue to maintain the approved level of
sewice standards.
Goal 1.1.5.: Future growth, development and redevelopment
shall be directed to areas depicted on the Future Land Use Map,
consistent with: sound planning principles; minimal natural
limitations; the goals, objectives, and policies contained within
this Comprehensive Plan; and the desired community character.
rie Palm Beach Gardens Future Land Use maps designate the subject site
as having a RL-Residentla1 land use designations. However, the propetty
is bet6er suited Ibr non-resdential use as it is lowted on the soub?west
corner of the intersection of PGA B;ouevard and B;alleniles Drive. The
proposed land use change compbes with sound planning principles by
abandoning the residential land use and allowing a more appmpHate use
to provide sewices to the many nearby residents.
The land use amendment is a result of the City Counciil's ion to
diverst'' the 0;tV's economic tax base by planning for a more sustainable
economic climate. A more diversifid and sustainable emnomy is part of
Cotleur Hearing
195) CamhoLan S#a 1
561 747 a36 Fa 747 1377 mlm 33450
Ballenlsles West Outparcel
SmolCScak FLUM Amendment
Submitted: Juhr 31.2007
-7-
the Ovs desired community character. In creating this economic
climate, the City will be able to better mainlain its mi3ting services and
ficifitie$ while not depending so heavily on propem tax increases to
provide fbr the consistent delivery of quafity services. ?he proposed land
use amendment presents the Cily of Palm Beach Gardens with a pmja
that will he@ to fill the growing professional ofice demands within the
city without adversely affdng exi3ting conservation areas as there are
none misting on or aaacent to the pmpose site. me proposed Land use
amendment mud also support the future goals of providing addtional
land area fbr the future biotech and related uses as required in the
Stdpps agreement to locate in notthern Palm Beach County.
Economic Deve I =men# Element
Goal 13.1.: The economic goal of the City of Palm Beach Gardens
is to achieve a balance and diversified economy which is
compatible with the City's quality built environment and protects
important natural resources.
On January 6, 2005 the city Council adopted the Economic Development
Element. me Element signals the City's commitment to successhl
economic development. nte goal of the Economic Element is to achieve a
&lanced and a'ivetsified economy comptlble with the built envimnment.
me proposed land use map change will advance this goal by allowing
professional ofices on one of the last remaining vawnt sites in this area
that is available and appropriate fbr professional oRce uses. Currently
the city has a high percenBge of residential uses and is in need of those
lands uses recognized by the Economic Development Element that will
provide value added employment. me land use map change will pmvide
the opportunity to realke the goal of economic mbility by providng the
abilitjf to develop those uses that are economic generator.
Policy 13.1.1.4.: The City shall allocate adequate commercial,
industrial, and residential acreage through mechanisms such as
zoning and land use plans to meet the future needs of a
diversified economy.
me availabifity of sites within the City that wn currently accommdate
these lis& uses including prvfessional oMce is limited. The pmposed
land use amendment will attiict prvfessional ofRces to meet the future
needs to provide a diversied economy.
Objective 10.1.1: The City shall continue to promote alternative
funding methods to ensure that new development pays its
proportionate share of the cost of providing public safety
facilities, equipment and land necessitated by development.
Ballenisles West Outparcel -8-
SmallScals FLUM Amendment
Submitted: July 31,2007
The proposed development will be subject to any fees associated with the
impacts that it will have on the City of Palm Beach Gardens. Though
payment of the fwl the applicant is ContHbuting to sustaining public
s&ty faclities and equipment.
Policy 10.1.1.1.: The City prefers the use of police and fire impact
fees as the method to more equitably distribute the costs for
public safety services.
The applicant will pay impact fees under the Po land use des&natton
TheetBrel mnOibuting more monies direcy to the Oty3 hnds Ibr public
safety setvi&?sl than if paid hr the twenty nine (29) units allowed under
the RL land use designation
17. Comprehensive Plan Analysis
The proposed future land use plan map amendment will have no adverse
impacts on the City of Palm Beach Gardens Comprehensive Plan. The proposed
land use amendment is consistent with the applicable goals, policies and
objectives of the plan, and is in no way contradictory with any of the plan
elements.
18. Prior Development Approvals
There is no prior development approval for the subject site.
19. Evaluation and Appraisal Report
The City's Evaluation and Appraisal Report is due in December 2007 and will
assess the City's progress in implementing their Comprehensive Plan. A list of
major issues to be evaluated in the EAR is currently being drafted by the Growth
Management Department of the City of Palm Beach Gardens. The preliminary
EAR issues have been reviewed and are not generally applicable to the subject
project.
20. Consistency of the Local Comprehensive Plan with the State
Comprehensive Plan
The City of Palm Beach Gardens has an approved Comprehensive Plan which was
prepared to be consistent with the Strategic Regional Plan and State
Comprehensive Plan. Consistency with the plans is defined as being compatible
and furthering the goals and policies of the regional and state plans.
Cotleur Hearing
1934 Camrre. La ah 1
Wbf,FlolldoW
561 141 63% hm 747 1377
Ballenisles West Outparcel -9-
SmallScale FLUM Amendment
Submitted: July 31,2007
p4ISCELLANEOUS;
1. Survey / Plat
A copy of the certified legal survey of this property are included in the back
pocket of the application binder.
2. Consent and Ownership Confirmation-
Please refer to Tab 3 for a copy of the warranty deeds for the subject site, as
well as a statement of the applicant's interest in the property and written
consent of all owners of the subject property.
NCLUSION:
The Applicant is requesting approval of a small scale future land use
amendment, in order to provide future PO-Professional Offices for existing and
future residents of the City of Palm Beach Gardens. The applicant is proposing
to modify the land use designation of the subject property from RL - Residential
Low to PO-Professional Office.
The subject property is located adjacent to PGA Boulevard and near the Florida
Turnpike. These thoroughfares add significant value to Palm Beach Gardens,
Palm Beach County and other neighboring municipalities. The easy accessibility
to the site, as well as its convenient location makes it an ideal location for further
professional office development. A majority of professional office space located
within the Gardens is located further east. Professional office is needed to
provide services to the residents located in the western vicinity. The proposed
use for the site as a professional office is consistent with surrounding uses and
intensities of development. The Applicant looks fonvard to receiving staff
comments related to this request.
~ ~__
Reria\ Map
&a\\en \s\es Outpat-ce\
Pa\m Beach Gardens, %rids
Surrounding Land Use Corlcur & Hcaring
1934 Canmsm Lms
Sule 1
JWIIW. R =sa Phons 581-747-8333
Fax 501-747-1377
1 inch equals 400 feet
U.P DoarrmH (F U~~M~P-FY~.~.\W~ZMQMDEM R*ZIUERUL m*d) wzznrn) - z 11 11 PM
8 FLUM Map
Ba\\en \s\es Outparce\
Pa\m Beach Gardens, F\orida 1 inch equals 200 feet
U.p 0oeu-n (F UrcH.p-PmWfiO3WlZ BALLEN ISLES OVTPARCELUEL LL mxd) m7nmi- mu OOAY
Cotlcur & Hcarlng
1834 Canmena Las
sute 1
I
I I
'I
I
i
I
!
i
'! I
f
I
1
I
'1
I
i
!
i
I
I
i !
1
I
1 1
i
I
I
I
I i
I I
I
TMFFIC ANALYSIS FOR
PLANAMENDMENDENT
' COWREHENSWE
..
BALLEN ISLES OUTPARCEL
PALM BEACH COUNTY, FL
Prepared for:
John C. Bills Enterprises, Inc.
Palm Beach Gardens, FL
APR 1 7
.., 1. , .. ,.
. .. . . :.. . .. . .. :I..,
mgn Kimley-tiom
and Mates, Inc.
TRAFFIC ANRLYSIS FOR
COMPREHENSWE
PLANWNDrnrn
BALLEN ISLES OUTPARCEL
PALM BEACH COUNTY, FL
Prepared for:
John C. Bilk Enterprises, Inc.
Palm Beach Gardens, FL
Ah B. Kkr, P.E.
Florida bgistration Number 64773
TABLE OF CONTENTS
PAGE
INTRODUCTION .................................................................................................. 1
INVENTORY AND PLANNING DATA .............................................................. 3
Invantory ................................................................................................... 3
Planming Data ............................................................................................ 3
PROJECT TRAFmC .............................................................................................. 5
TrafEic Distribution .................................................................................... 9
'kip Generation ......................................................................................... 5
BACKGROUND TRAFFI& ................................................................................ 11
Existing (Year 2007) ............................................................................... 11
Short Range (Year 2012) ......................................................................... 11
Long-- (Year 2025) ......................................................................... 12
ASSURED AND PROGRAMMED CONSTRUCTION ..................................... 13
ROADWAY EVALUATION ............................................................................. -14
Level ofS ervice ....................................................................................... 14
Year 2007 ................................................................................................ 15
Year 2012 ................................................................................................ 19
Year 2025 ................................................................................................ 25
CONCLUSION .................................................................................................... 29
APPENDM ................................................................................ Following page 29
Appendix A . Existing Count Data
Appendix B . FDOT Factors
Ap~mdix C . 2025 MPO VO~
Page i
LIST OF TABLES
Table No,
1
2-A
2-B
2-c
3-A
3-8
3-c
4-A
4-B
4-c
4-D
4-E
5-A
5-B
54
Land Use Petition Summtay........................................,................4
Trip Ckneration @ Maximum FAR (one floor) ............ ........ .. .. ... ,6
Tip Generation @Maximum FAR (two floors) .......................... 7
Trip Generation @ Typical FAR .......... .... ........ ...... . ..... . . .. ... ..... .... 8
2007 AADT Link Analysis @ Maximum FAR (one floor) .... ... .16
2007 AADT Link Analysis @Maximum FAR (two floors) ,..... 17
2007 AADT Link Analyms @ Typical FAR ........... .. , . . . . . . . . . .. . . . . .18
Test II Two-way Peak Hour Tdic Link Aualysis
@ MaximumFAR (one floor).....20
Test II Two-way Peak Hour Traffic Link Analysis
@ Maximum FAR (two floors) ... 21
Test II Two-way Peak Hour Traffic Link Analysis - Expanded
@ MaximumFAR (one floor).....22
Test II Two-way Peak How Traffic Link Analysis - Expanded
@ Maximum FAR (two floors) ... 23
Test II Two-way Peak Hour Traffic Link Analysis
@ Typical FAR. ... ... ... ...... . .. ....... .24
2025 AADT Link Mysiis @ Maximum FAR (one floor) ........ 26
2025 AADT Link Analysis @ Maximum FAR (two floors) ...... 27
2025 AADT Link Analysis @ TypiwlF AR.............................. 28
! I ’,
I
LIST OF FIGURES
1
2
Site Location Map ........................................................................ 2
Project TMc Assignment, ........................................................ 10
Page iii
INTRODUCTION
A Comprehensive Plan Land Use Amendment is proposed for a 7.3 1 -acre paml of
land located on the south side of PGA Boulevard, just west of Ballen Isles Drive m
theCityofPahBeachGardcns,Florida. The7.31-acrcparcclhasacumntlanduse
designation of Residential Low @I.,). A land use change fiom the current RL
designation requhing a comprehensive plan amendment is being nquestcd to allow a
Professional Office 0) land use designation. The intensities for RL and PO arc
based on Single Family Detached Residential (me 210) and General Office (lTE
710), respectively. The trip generation rates used in the analysis are consistent with
Palm Beach County published rates. The location of the site is illustrated m Figure 1.
Wey-Horn and Associates, Inc. was retained to prepare a Comprehensive Plan
Land Use Amendment traffic analysis for the subject pmperty. This document
presents the methodology used and findmgs fiom the analysis. The data used in the
analysis are the most current data available fimn Palm Beach County.
The traac impact analysis was conducted in accordance with the requirements of
Palm Beach County’s Future Land Use Atlas Amendment Application for 2007.
Q f DURE 1
BAUENlSLES
SITE LOCATION MAP
NOT TO SCALE
1NVENTORY AND PLANNING DATA
Inventory Data
The data used in this analysis were obtained from Palm Beach County and are
included m the Appendix. This data included:
2007 %how traffic volumes
0 Historic traffic count data
0
2025 MPO FSUTMS Model Data
(€DO“‘) “2006 Peak Season Factor Category Report”
Plannlng Data
Develapment densii for the approved land use designation was determined as
specified by the Future Land Use Atlas Amendment requircmcnts. The current land
use designation is RL, with a maximum development intensity based on rates for
Single Family Detached Residential (l”E 210). It is pmposed to change the land use
to allow for PO, with a maximum dcvtlopmtnt intdty based on rates for General
Office (ITE 710). The proposed land use designation was analyzed for the ate at a
mudmum allowable development of 35% lot coverage m both onc-story and two-
story wenaria. A typical allowable development of 22% lot coverage was alw
analyzed. Table 1 summarizes the following:
* . Current fitme land use designation and resulting development densities.
Typical and Maximum allowable development potentials
. .- . .- -- _. . . .- . . . .-
TABLE 1
BALLENISLES0U”PARCEL
coMP~mPL4ANAMEND~
LAND USE PETITION SUMMARY
Current Land Use
Light Residential RL 7.310 4d.dacn
Designation Denslty
No&:
2/11/2008 10:14
PROJECT TRAFFIC
Trlp Generation
The trip generation potentials for the cumnt land use designation and proposed
future land use development were de~elaped based on the trip generation rates
published by Palm Beach County. Tables 2-A through 2-C summarize the trip
generation comparison of the propcd future land use development compared with
the current land use designation for the maximum and lypical allowable development
ScenariOS.
The trip gcnexation potential for the proposed future land use is greater than the trip
generation associated with the existing land use for both the maximum and typical
land use developments. The radius of development influence (as specified in the
PalmBeach County Futurc Landuse Atlas Amendment Traf€ic(=irculationElement)
was based on the net tip increase. Based on a maximum net trip increase of 2,059
trips per day, the radius of influence is one mile hm the site access.
[P.B,C]
[P.E.C.] - h(T)-o.8OLa(X)+1.55;(88%in, 12%out)
- T - Q70(X) + 9.43; (25% in, 75% out)
[p.B.C] - h(TJ -0.90 Lno() t 0.53; (63% 1437% out)
[PB.CJ - -0.74 + 1.8% (17% iR 83% 0111)
oa#cll omce p.B.CJ - 5%
Nota:
[P.B.C.] - T-1Obip~pad.t~
V.B.C.] - - 0.77 Ln(X) + 3.65
[P.B.C.]
g.B.C.1 - -0.80 trio() + 1.55; (88% in, 12% out)
- T - 0.7OQL) + 9.43; (25% In, 75% out)
D.B.C] - = 0.90 La@) + 0.53; (63% in. 37% out)
[P.B.c.] - m - a74 + 1.83; (1% iq 83% out)
[P.B.C.]
[P.B.C.]
- - T - O.?O(X) + 9.43; (25% in, 15% out) lam -0.80 Ln@) + 1.55; (88% in. 12% art)
P.B.C.1 -5%
..-
The external traffic distn’bution was aRtermintdby areview of the madway network
and its travel time characteristics. The distribution, by general direction, is
summarized below:
NORTH 17%
SOUTH 5%
EAST - 68%
WEST - 10%
The distributed external trips for the project werc assigned to the madway links
within the radius of influence based on the additional impacts hm the lnaposed land
ut amendment. The assignment is illustrated in Figure 2.
NOT TO SCALE
MM mm.
FIGURE2
BALLMISLES
TRAFFIC ASSIGNMENT pm 7.z*br
14415woI
BACKGROUND TRAFFIC
Background traffic was developed for existing, short-range and-long range level of
service analyses far maximum and typical development plms as outliaed below:
Existing (Year 2007)
Background traffic for the existing level of service analysis was determined by taking
the 2007 24-hour peak season counts obtained from Palm Beach County and
applyhg seasonal adjustment factors to calculate an average daily volume for each
roadway link. The seasonal adjustment factors were obtained hrn the Florida
Department of Transportation (FDOT) “2006 Peak Season Factor Catcgoxy Report”,
as documented in Appendix B.
Short-Range (Test 2 - Year 2012)
As per Palm Beach County requirements for Test 2, background traffic volumes are
only used when a link is significantly impacted. As shown in Table 4-B, the
proposed maximum land use (two flm) will significantly impact PGA Boulevard
bctwem Ballen Isles Drive and Military Trail; therefore, background volumes arc
calculated only for these links.
Background trgffic includes traffic from the unbuih portions of approved committed
development projects and the historical traffic growth. A review of the approved
committed development projects in the vicinity of the proposed development was
conduct* infiition from the Palm Beach County Traffic Division’s database of
approved projects was wed and is attached to this report. The review indicated that
there are sevcral approved committed development projects that would contriiute to
the future background mc on the roadway links in the study area
Accordmg to the requirements of the Mc Performance Standards of Palm Beach
County, existing traffic volumes were projected to 2012 conditions using the greater
of the historical growth rate or the committed traffic volumes plus one percent
nominal growth, as published by Palm Beach County. A nominal one percent growth
rate was used on all the roadway linlcs where the historical growth rate is less than
one petcent.
LonpRange (Year 2025)
Background traffic for the long range (2025) level of service analysis was obtained
fiom 2025 projected trafGc volume estimates obtained &om the PalmBeach County
Metropolitsm Planning Organization. This infiion is documented m Appendix C.
The 2025 MPO projected volumes were adjusted to average annual daily trafiic
volumes using the FDOT adjustment Eactors. The year 2025 volumes are assumed to
already include the impacts fiom the current future designations of all properties
within the am. Therefore, no ccmnnittcd developmmt project traffic was added to
this scenario. Additionally, only the net new trips associated with the proposed
future land use change were added to the 2025 model volumes.
ASSURED AND
PROGRAMMED CONSTRUCTION
The existing number of lanes on each analyzed link was identified. A review was
undntakcnofthePaImBeach CountyFin-YearP~aswenasthose~v~~
committed by the Florida Department of lbmpomion and developera of other
property in the ana to identify propmmed roadway improvements. There are no
improvements scheduled for completion by 2012.
A review of the Palm Beach MPO’s 2030 Lang Range Transportation Plan indicates
that PGA Boulevard between Jog Road and Florida’s Turnpike will be widened to 6
lanes, Central Boulevard between POA Boulevard and Hood Road will be widened
to 6 lanes, Horida’s Turnpike north of PGA Boulevard will be widened to 6 lanes
and Florida’s Turnpike south of PGA Boulevard will be widened to 8 lanes.
ROADWAY EVALUATION
Level of Service
Roadway links within the radius of influence were analyzed to determine their level
of service for ycar 2007,2012 and 2025. However, as stated in Palm Beach County’s
Future Land Use Atlas, linlts are considered as being significantly impacted if they
meet the following criteria:
The net trip increase caw the adopted LOS for FMS facilities to be
GxceGdtd
The net increase impacting roads not on the FIHS is patex than one pesccnt
of the adopted level of service volume and the volume to capacity ratio (v/c)
is greater than 1.4
The net increase impacting roads not on the FMS is greater than two percent
of the adopted level of senrice volume and the volume to capacity ratio (v/c)
is greater than 1.2
The net increase impacting roads not on the FMS is greater than threc
pcrcent of the adopted level of service volume regardless of the v/c ratio
For the roadway evaluation, traffic was assigned considering the surrounding land
uses and roadway characteristics. At the request of the City of Palm Beach Gardens,
the traffic credit for the &sting approved land use was removed fiom this portion of
the analysis. The results shown reflect the 111 amount of traac generated by the
proposed future land use.
Year2007
A link level of service analysis was undertaken for links within the prqjufs radius of
influence. Table 3-A summarizes the results of the level of service analysis for the
proposed maximum (one floor) development traffic added to Palm Beach County
2007 AADT traffic volumes. As can be seen in Table 3-A, the roadway link of
Florida’s turnpike between PGA Boulevard and Okeechobee Boulevard will be
significantly impacted and will not meet the level of service standards. However, this
link is currently over capacity without the proposed land use change.
Table 3-B summarizes the results of the level of service analysis for the proposed
maximum (two floors) develupmcnt traffic added to Palm Beach County 2007
AADT traffic volumes. As can be seen in Table 3-B, the roadway links of Florida’s
Tumpike between PGA Boulevard and Okeechobee Boulevard and PGA Boulevard
between Ballen Isles Drive and Central Boulevard are anticipated to be significantly
impacted The link of Florida’s Turnpike between PGA Boulevardand Okecchobee
Boulevard will not meet the level of service standards. However, this link is
currently over capacity without the proposed land use change.
Table 34 summarizes the results of the level of service analysis for the proposed
typical development traffic added to Palm Beach County 2007 AADT traffic
volumes. As can be seen in Table 3C, the roadway link of Florida’s Tumpike
between PGA Boulevard and Okeechobce Boulevard is anticipated to be significantly
impacted and will not meet the level of service standards. However, this link is
currently over capacity without the proposed land use change.
!
I
.-
4LD an
a0
aD
4LD
4ix
41x
ikim
39.491
39,497
42.119
13,415
~Eoo
7S.100
1M
1%
83%
M
im
m m
- u la -
C
C
C
D
C
C
f
urn
a42 om
a11 am
1.12 0.w
-
yesrzo12
The peak hour trips generated by the proposed maximum land use development were
assigned to the roadway network as part of Test 2. These volumes wm then
compared to the Level of Service ‘E’ peak hour, two-way thresholds for roadways in
the study area and compared against a three percent significance threshold. Table 4-
A summafizes the rermlts of the level of service analysis for the proposed maximum
(one floor) development traffic. As can be seen in Table 4-A, PGA Boulevard
between Ballcn Isles Drive and Central Boulevard will be significantly impacted for
Test 2. Table 4-B summarizes the mulb of the level of service analysis for the
proposed maximum (two floors) development trafl[ic. As shown in Table 4-B, the
roadway links of PGA Boulevard between Ballcn Isles Drive and Military Trail will
be significantly impacted for Test 2.
The significantly impacted links werc then analyzed on a two-way peak hour Test 2
basis to determine whether they will meet Test 2 standards. As shown in table 44,
the significantly impacted link in the one-story scenario will meet the test 2 standards
upon build out of the project. As shown in Table 4-D, both sigdicantly impacted
links in the two-story scenario will meet Test 2 standards upon buildout of the
project.
The peak hour trips generated by the proposed typical land use devebpmcnt were
assigned to the roadway network as part of Test 2. These volumes were then
compared to the Level of Service ‘E’ peak hour, two-way thresholds far roadways in
the study area and campared against a three pcrcent significance threshold. Table 4-
E summarizes the results of the level of Service analysis for the proposed typical
development traffic. As can be seen in Table 4-E, none of the roadway links within
the radius of influence will be significantly impacted for Test 2.
I
L w %'
32.3
3.270
4.920
4.m
3J70
7,110
7,110
am
w -
10%
an
61%
15%
2n
3%
im 19 0.m No
t9 0.59% No
161 3.m YU
132 270% No
29 0.W No
4 0.05% NO
6 0.m No
I!
1D
6D
6D
6D
4D
u(
4%
10%
IS%
61%
I 5%
1%
3%
nn
34
SI
2a1
230
51
7
IO
31
49
269 w
49
6
10
1.04% No
1.04% No
5.71% Yu
4.m Ya
1- No
0.14% No
(LlW No
3,270
4,920
49m 4320
3,270
7,110
7,110
10
16
87
71
16 .
2
3
10
1s
85
70
I5
2
3
No No
No No
NO
NO No
hlC2!&9
Tables 5-A and 5-B sunrmarizc the results of the level of service analysis for the
pmposed maximuxn one floor and two floor land use designation trafBc added to the
year 2025 MPO FSUTMS model background traffic. As can be seen m Table 5-A,
no roadway links within the radius of influence will be significantly impacted by the
. project. Table 5-B shows the link of PGA Boulevard between Ballen Isles Drive
and Central Boulevard wii be significantly impacted by this project, and will not
mcettheLOSD standardinthetwo-floor scenario. It shouldbenotedthatthelinkof
PGABoulevardbttweenFairwayDrivdFh ’da’s Tumpike and Ccnt~alBould is
expected to operate at a reduced level of service. This link will not operate at an
acceptable level of service with or without the proposed land use change. However,
the link is not significantly impacted by the projected land use change. AI1 other links
are expected to operate at the same level of service with or without tdEc associated
with the proposed amendment.
Table 54 sumtnarizcs the remlts of the level of service analysis for the proposed
typical land use designation traffic added to the year 2025 MPO FSUTMS model
background traffic. As can be seen in Table 54, no roadway links within the radius
of influence will be significantly impacted by the project. It should be noted that the
link of PGA Boulevard between Fairway Drive/Florida’s Turnpike and Central
Boulevard is expected to operate at a reduced level of service. This link will not
operate at an acceptable level of service with or without the proposed land use
change. Howeva, the link is not significantly impacted by the project land use
change. All other lii are expected to operate at the same level of service with M
without tra0ic associated with the prg?osed amendment.
,. .- ..
I
. . ,.
.. .- . . .- .. ..
r
j3 0.81
w
8.n
..
!
!
!
9
!
i
I
This Wc impact analysis demonstrates that the proposed change in land use
designation far the 7.3 1-Acre Site located on the south side of PGA Boulevard, just
west of Ballm Isles Drive in the City of Palm Beach Gardens, Florida, will not
significantly impact the roadway links within the radius of influence in the short term
(2012) and long tenn (2025) horizons.
Consequently, the pmposcd amendment change is consistent with the requirements of
Palm Beach County’s Future Land Use Atlas Amendment Application for 2007.
I
I
I
I
,I
!
!
I
i
i
APPENDHA
Existing Count Data
..
. . .. . .. . - .. .. .. ., _. .- . -- ..
2
2
4
4
4
2
2
2
4D
6D
m
8)
ID
e,
a,
a
CD
4
2
2
z
1
ZMzmILx
MlE WK OR
438
0
0
Po
0
0
s6s
323
1-
HJO
342a
%4r2
4137
pn
U%
0
0
I100
6001
m
696
1Qo9
1%
0
0
M
0
0
390
171
7m
2117
m79
2410
299l
2391
I547
0
0
520
I84
161
l9a
m
.. .. .
UTA WAD FRW To UNtd
1
1
ID
4
4
4
4
60
4
2
1
1
4D
4D
4D
4D
4D
2
4ll
4D
4D
6D
ma
e
XI70
0
0
0
0
0
0
a
1141
U18
1169
1647
llfo
rng
a053
1334
1626
MtS
l977
0
5w
0
746
0
0
0
0
0
0
0
431
916
m
741
5%
m
1009
562
1207
1725
ZoQl
0
.- - ... ... .- - . . .. -. , . ..
WlA FKtm m
4
4
2
2
2
2
1
1
2
1x
b%
6x
U
u
U
4
a
2
40
4D
Q1
(Io
e
0
0
236
410
0
1033
wa
m
0
0
0
0
0
0
0
0
3u
am4
21x3
4114
3444
0
0
0
IS
301
0
666
448
314
0
0
0
0
0
0
0
8
190
1500
1019
2347
195z
,
FDOT Factors
APPENDIX B
2006 ?an* 8er8on Factor Category Report - Report Type; ALL
catagoty: 9301 am.+ or us1 m SR~
UOCP: 0.94
Wnk D.t ea SF PGCP
1 01/01/2006 - 01/07/2006 1.02 1.08
2 01/06/2D06 - 01/14/2006 1.00 1.06
3 01/15/2006 - 01/21/2006 0.97 1.03
4 01/22/2006 - 01/28/2006 0.96 1.02
5 01/29/2006 - 02/04/2006 0.95 1.01
+I
e10
e11
e12
+ 13
'14
e15
+16
17
18
19
20
21
22
23
24
2s
26
27
21
29
30
31
32
33
34
35
36
37
38
39
40
41
I2 I3
44
45
46
47
48
49
50
51
52
53
03/13/2
03/19/2
03/2C/2
04/02/2
04/09/2
04/1C/2
04/23/2
04/30/2
Ob/07/2
05/14/2
QS/21/1
05/28/2
06/04/2
06/11/2
06/18/2
06/25/2
07/02/2
0 7 10 9/2
07/16/2
07/23/2
07/30/2
08/06/2
00/13/2
00/20/2
08/27/2
09/03/2
09/10/2
09/17/1
09/21/2
10/01/2
10/08/2
10/15/2 l0/22/2
a i
0
'0
10 Q a
la
0
0
'(I
0
a
a a a a
a
a
a
a
'0
0
0
[I
c
0
0
0
0
0
0
0
0
0
0
0
~ .~~.~~~~ 1s - 02/11/200~ 0.94 1 .oo k - 02/10L2pn6 0.94 lge 16 - 02/23/2006 0.94 1.00
IC - o3104/2006 0.- 0.99
I6 - 01/L1/2006 0-93 0.99
I6 - 03/18/2006 0.93 0.99 I6 - 03/25/2006 0.94 1.00
16 - 04/01/20a6 0.94 1.00
I6 - 04/06/2006 0.05 1.01
I6 - 04/15/2006 0.95 1.01
iC - 04/22/2006 0.96 1.02
I6 - 04/29/2006 0.97 1.03
I6 .. 05/06/2006 0.97 1.03
16 - 05/13/2006 0.96 1.04
16 - 0!3/20/2006 0.99 1.05
IS - Ql/27/2006 1.00 1.06
16 - 06/om006 1.00 : 1-06
I6 - 06/10/1006 1.01 1.07
I6 - 06/17/2006 1.02 1.08
16 - 06/24/2006 1.03 1.09
16 - 07/01/2006
16 - 07/08/2006
16 - 07/15/2006
16 - 07/22/2006
I6 - 07/29/2006
I6 - 08/05/2006
IC - 08/12/2006
IC - 00/19/2006
I6 - 08/26/2006
16 - 09/02/2006
16 - 09/09/2006
I6 - 09/16/2006
I6 - 09/23/2006
I6 - 09/30/2006
IC - 10/07/200C
I6 - l0/14/2006
I6 - 10/21/2006
16 - 10/28/2006
11/05/2006 - ll/l1/20D6
11/12/2006 - 11/18/2006
11/19/2006 - 11/25/2006
11/26/2006 - 12/02/2006
12/03/2006 - 11/09/2006
12/10/2006 - 12/16/2006
12/17/2006 - 12/2S/2006
12/24/2006 - 12/30/2006
12/31/2006 - 12/31/2006
1.04 i.io
1.0s 1.11
1.01 1.13
1.07 1.13
1.07 1.13
1.06 1.12
1.06 1.12
1.06 1.12
1.06 1.12
1.06 1.12
1-06 1.12
1.05 1 .I1
1.04 1.10
1.04 1.10
1.03 1.09
1.02 1.08 1.02 1.09
1.02 1.08
1.01 1.07
1.01 1.07
1.02 1.08
1.02 1.08
1.02 1.08
1.02 1.00
1.00 1.06
0.99 1.05
0.97 1.03
1.06 i.ia
i
I
APPENDIX C
2025 MPO Volames
, Auq-02-2007 02122 PM Kimley-Horn & Aasociates 8636318 3/4
88iW26B7 15: 15 5612335654
Pal
FA
PE 03
n Beach MPO
x 'COVER
! I
i
I
1
i
1 I
i
I
Aug-02-2007 02: 23 PM Kirnley-Horn & Associates 8636318 414
I
I
I
!
! i
PE 04 Bloo1,ooi
APPENDIX D
Committed Trafflc Volumes
STATION: 2201 hnxltllrto ROAD NAME: Pga Blvd
CURRENT UEAR: 2007
ANALYSIS YEAR: MI2
GUOWM RATE; 2.2% COUNTDATE 21w2007
FROM Ballen Isles
TO Central Blvd
PSF 1
41
0
39
24
I
7
8
10
25
67
0
4
63
173
0
10
1
3
0
22
0
95
26
625
95
530
25
602
401
I80
780
4270
6I.D
4880
YES
4920
Ms
31
0
34
13
4
2
5
6
6
59
0
3
29
22
0
8
1
3
0
4
0
49
I1
289
43
246
10
279
247
389
389
2.536
6LD
2570
YES
YES
2710
YES
2790
YES
2790
- SBMTB
1345
1345
0.0%
1345
10
0
5
I1
4
6
3
5
I9
I
0
1
34
161
0
2
0
0
0
18
0
46
14
338
52
284
13
323
165
392
392
1.737
6LD
2570
YES
2190
YES
2710
YES
2780
YES
- - - - -
54 20
0 0
38 6
38 18
19 9
8 5
22 10
16 8
32 20
I 10
0 0
10 4
110 60
203 170
0 0
7 1
4 2
2 0
0 0
25 17
0 0
128 59
40 22
(120 441
119 62
701 378
29 15
791 428
418 197
975 613
975 513
4.590 2,224
6u) 6LD
4880 2570
YES YES
2790
YES
4920 2710
YES YES
2790
YES
34
0
32
18
10
3
12
8
12
58
0
6
50
33
0
6
2
2
0
6
0
67
10
57
322
14
365
221
483
,483
2.381
6LD
2570
YES
YES
YES
2790
YES
379
2790
2710
1918 Pro leype dT
RES
NR
NR
NR
NR
RES
NR
NR
RES
NR
RES
NR w NR
RES
NR
NR
NR
NR
RES
NR
NR
NR
mon
100.0%
0.0%
0.0%
0.0%
75.0%
80.0%
0.0%
0.0%
0.0%
100.0%
50.0%
' 0.0%
10.0%
100.0%
80.0% go.on
0.0%
100.0%
0.0%
IW.o%
30.0%
0.0%
STATION: 2609
J.cWBm ROAD NAME Pga Blvd
CURRENTYEAR 2007 FROM Central Blvd
ANALYSIS YEAR: 2012 TO: Military TmR
GROWTH RATE: 2.2% COUNT DATE 2/6/2001
PSF 1
Thne Pdm
DiWU
jddingVokrne
'#kvohnm
yvsnlon(K) 'ohnm Afler Dimion
bmn#QdDevebpmmnt
old Pdm Golf Club
Parcel 4.07A
Northlake square East
The Pdnte
cenhal Park L.0.nd At The Gardens
Pared 4.0W4.W
ooMldRos8Vlllttge
Paloma
Pad SA
Pad 4.078
PmC0l58
St Mark's Shod Expansion
Palm Beach Community Chum
Florida Research Park Mirarol
Regld Center Dd
Lqacy Place Commerciel
Northcolp Pccl
Oardens Station East & West
Soothampton
Clmamn Cove
Satelltb Unhmity 0 Fahway
Clod Tower Bunding
CawnmtChurch slta Redevd
AhcQaDrl
Dbl Commlttecl Devdopmonb
Dtal Comltbd Resldmtlel
tal Comitbd Non-Residential
ouble cwnt Reduction
DM Discounted Comrnbd Dew
IeWcal Growth
omm o*J+l% Grcwth
rowlh Volume Used
ical Volume
CmOm (-Is 2&3)
LMsr
2veyorGlur II Capedty
Llnk Meets Test l/Opt I?
Clam I Cape
Llnk Mwb Test IlOpt ii?
2-Way LO8 E Capadty
Link Meeta Test- I?
Ck8 I LOS E Capedty
Lhk Meeta Test 2Qt. ll?
ZiiZ 3420
3420
0.0%
3420
83
0
0
65
22
5
4
72
2
3
83
0
11
0
94
104
0
11
3
8
0
45
22
0
0
3
0
136
446
33
547
393
121
721
4.141
6LD
4680
YES
- - - -
gao
4920
YES
62
0
0
57
10
3
1
8
1
1
73
0
9
0
44
13
0
9
2
7
0
37
12
0
0
3
0
352
io1
251
25
327
239
433
433
2.512
6LD
2570
YES nso
YES
2710
YES
2790
YES
- SW8
1355
135s
0.0%
1356
21
0
0
0
12
2
3
4
1
2
10
0
2
0
50
91
0
2
1
1
0
8
10
0
0
0
0
228
34
I94
8
220
I56
289
289
1 ,644
6LD
2570
YES
2790
YES
2710
YES
2790
YES
- - - - -
- 3603
0.094
3093
108
0
0
64
32
12
5
33
2
4
85
0
27
0
165
122
0
7
9
7
0
52
35
0
0
3
0
772
169
603
42
730
425
91 0
918
4,611
BID
4680
YES
- -
4920
YES
4u
0
0
11
16
8
3
15
1
3
12
0
10
0
90
102
0
I
4
1
0
17
16
0
0
0
0
348
63
286
15
333
201
422
422
2.168
6LD
2670
YES
2790
YES
2710
YES
2790
YES
- SEN0
1088
1968
0.0%
1968
68
0
0
53
16
6
2
18
1
1
73
0
17
0
75
20
0
8
5
6
0
35
I9
0
0
3
0
424
106
318
28
398
226
498
498
2,486
6u)
2570
YES
2790
YES
2710
YES
2790
YES
- - - - - Proled Type
RES
NR
NR
NR
NR
NR
RES
NR
NR
RES
NR
RES
NR
NR
NR
NR
RES
NR
NR
NR
NR
RES
NR
NR
NR
NR
NR
Percent Complete
19.0%
100.0%
100.0%
0.0%
0.0%
0.0%
75.0%
80.0%
80.0%
0.0%
0.0%
100.0%
50.0%
100.0%
0.0%
10.0%
100.0%
80.0%
90.0%
0.0%
100.016
0.0%
0.0%
100.0%
100.0%
0.0%
30.0%
.
Proiect Name: BallenIsles West Out Parcel
Project Number: 06-036
COMPARATIVE ANALYSIS
OF IMPACTS
BallenIsles West Out Parcel
prepared by :
KESMVARZ & ASSOCIATES, INC.
71 1 North Dixie Highway, Suite 201
West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476 !‘.E. # 25503
Analysis-cover.xls
Allen T. Green, Jr., P.E.
Fl. Cert. # 25503
1 of1 2/7/2008, 3:04 PM
Feb. 6,2008
Project # 06-036
I- Comparative Analysis of Impacts
DRAINAGE
Drainage Provlder
Dninage Statement
Drainage Basin
Nearest Drainage Facili
Effect on LOS
Cumnt Max Discharge
Proposed Max Discharge
Cify of Palm Beach Gardens, south FMa Water Management District (SFWMD),
Northem Palm Beach County lmptvvlernent District (NPBCID)
The propased mmmal develqnmnt is located within the previously permitted
JDM Country Uub (Ballenlsles), SFWMD Pennit No. 5Qo1923-S The Master
Stonwater Managemt system for Ba1kWe.s provides water quality b-eatment and
stwmwater attenuatbn for this p@&. The prqnxed will be designed to be
consistent wiu, the land use and site wing assumpfJons from the design of the
Master stormwater Management System for Ballenls/es.
Additional Water Quality Tmatmenf:
0 Dry Pre-Treatment: 0.5 inch over the ccmmmbKndusfrial portions of the
site will be provided prior to discharge. (Rebrence: SFWMD ERP
Vdume IV, Basis of ReW, Section 5.0.)
Legal
NPBUD owned lake system hated along the south pmpedy line.
SFWMD Gf 7; NPBCID Unit of Development No. 1 f
Existing NPBCID lake systems @scent to the south property line. Existing dischage
from the site sheet llows onto the adjacent pmperties.
The on-site drains@ systems will be designed to meet the requirements of the south
Florida Water Management District. Northem Palm Beach County IrnpfDmnt
District and the City of Palm Beech Gardens Land Deveicpmnt regulations, and to
pmvich a legal pasitive outfall meeting the adopted level of SeAliCe per the UlDCs
Section 78-523. Design storm.
aiifall for the pjsct site will occur via discharge into the existim
The prolecz shall comply thith the established Level of Sed WN, no advem
iIlpGtS.
Not applicable.
Not applicable.
71 1 North Dixie Highway, Suite 201, West Palm Beach, Fl33401 phone:(561) 689-8600 faxf56r) 689-7476
gESR;4VARZdE ASSOCUTES, LNC.
71 1 North Dixie Highway, Suite 200
West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476
,
fa: 56 1-689-7476
DRAINAGE BASINS FOR
EAST PALM BEACH COUNTY
I d39E. I R*(I€ I R41E I R42E I RUE,
I
DRAlNAGE BASINS fw EASTERN PALM BEACHCOW, FL
- . - ..... ... -/
- <- . _. . - .... ___
.i ._ .......
..
:. ....
............
c - I I I
NORTHERN PALM BEA(
IMPROVEMENT Df!
I JURISDICTIONAL BOUNDAAV MAP
-- -~
.oIo -_
r
Feb. 6,2008
Project # 06-036
Ballenlsles West Out Parcel
Comparative Analysis of Impacts
WATER
Water Provider
Nearast Water Facility
Proposed Facilities
Level of Servrce
Cumnt Demand
Proposed Demand
CASE I (111,448sf)
CASEII (222,890sf)
Chame
CASE1 (111,448Sf)
CASEII (222,890~9
Seamasf Utility Authcdy
Aocording to SUA I14coTd infomath; them is an exist;ng 12” water main ahmg he
north boundaty d the site. There is also an existing 8“ water main on the east
side of Ballenlsles DM running notWsuth.
The water system will indude pipe, vahes, hydrants, Wigs, bacm prevention
devices and meters. The ampleled system will be sized to meet both domestic and
fire demands &the proied site.
how:
Average Annual Daily: 191 gal- per day per capfa
Peak 24H~ 258 galkms per day per cap&
Sfwage Capdy: 3$.4gaIkmperdayperca@ta
Pressure: 2Opsi minimum at the main at all times
13,294 galhs per day. amrage (see attached cahxlations)
9.23 gallons perminute, amage (see attached calculations)
11,145 gallons per day, average (see attached calculations)
7.74 galhs per minute, averege (see attached calculations)
22,290 gabs per day, amrage (see attached calculations)
15.48 gabs per minute, ammge (see attached cakulatbns)
-2149 gallons per day, average DECREASE
-1.49 gallons per minute, emage DECREASE
+E996 gallons per day, average INCREASE
e.25 gallons per minute, average INCREASE
71 1 North Dixie Highwoy, Suite 201, West Palm Beach, FL 33401 phone:66 1) 689-8600 fax:(56 1) 689-7476
KESHAVARZ & ASSOCIATES, INC.
71 1 North Dixie Highway, Suite 200
West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476
EXHIBIT
BALLENISLES WEST OUT PARCEL
WATER GENERATION: EXISTING CONDITIONS
CURRENT ZONING: RL 1
CURRENT LAND USE: RESIDENTIAL LOW ON 7.31 ACRES (4 unitslacre)
Flows based on City of Palm Beach Gardens Division 3, Concurrency
Section 78-75, Table 7: Potable Water Level of Service,
Florida Administrative Code Chapter 64E-6 and/or
Seacoast Utility Authority established rates.
Rate/Ea Subtotal Subtotal
X:\2006\06-036 Ballenlsles Entrance Parcels\06036 Concurrency Calcs 2007-1 1-1 9.xls
KESHAVARZ & ASSOCIATES, INC.
71 1 North Dixie Highway, Suite 200
West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476
EXHIBIT
GARDENS WEST OUT PARCEL
WATER GENERATION: PROPOSED CONDITIONS
PROPOSED ZONING: PO
PROPOSED MND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES
Flows based on City of Palm Beach Gardens Division 3, Concurrency
Section 78-75, Table 7: Potable Water Level of Service
Rate/Ea Subtotal Subtotal
LEVEL OF SERVICE RATES
Average Annual Daily 191 gpdkap
Peak 24-Hour 258 gpdlcap
Storage Capacity 34.4 gpd/cap
Pressure 20 psiamain
Min. Water Treatment Cap 258 gpdlcap
UTILITY PROVIDER: Seacoast Utility Authority
contact: Dee Giles, ext. 305
Rates based on SUA criteria
Commercial rates based on 0.1 gallons per square foot
X:\2006u)6-036 Ballenlrles Entrance ParcelsW036 Concurrency Calm 2007-1 1-19.xls
Feb. 6,2008
Project # 06-036
1 WASTEWATER
Ballenlsles West Out Parcel
Comparative Analysis of Impacts
j SewerProvtden
NeaFast Sewer Facility
Proposed Facilities
Level of Service
Current Demand
Proposed Demand
CASE I (111,448sf)
CASE II (222,890 sfJ
Chanae
CASE I (111,448 sf)
CASE I I (222,890 sf)
Seacoast Utility Aufhority (gravity sBwr / time main system), PGA wastewater
Treatment Want (tmahnt)
There is an existing menhole located on the east boundary of the proiect site on the
wst side of the existing Balknlsles Drh right d way. This is the point of service for
the existing site.
It is anwpated that development of this site will indude the installation of a network of
gravity sewr nmins and lateres to connect to the pqmed prvtkssional oiTice
buikling. The completed system will be sized to meet the domestic damnds of the
proiect site.
Ruvided (1 07 gallons per day per capita)
Existing Wastewater Tmtment Hanf perm#& cam = 12 mgd,
Max. Monthly Average day (over last 12 mths) = 8.13 mgd
Max. 3 - Month Daily Average (period, Jan - Mar OS) = 8.45 mgd
7,447.2 gallons per day, amrage (see attached calculations)
5.7 7 gallons per minute, average (see attached calwlatbns)
11,145 gallons per day, average (see attached calculations)
7.74 gallons per minute, average (see attached calculations)
22,290 gallons per day, average (see attached calculations)
15.48 gallons per minute, average (see attachedcalculatians)
+3697.8 gallons per day, average INCREASE
+2.57 gallons per minute, average INCREASE
+74,842.8 gallons perday, avemge INCREASE
+10.37 gallons per minute, average INCREASE
71 1 North Dixk Highway, Suite 201, West Palm Beach, FL 33401 phonef561) 689-8600 fax:(56 1) 689-7476
.
KESHA VARZ & ASSOCIATES, INC.
71 1 North Dixie Highway, Suite 200
West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476
EXHIBIT
BALLENISLES WEST OUT PARCEL
WASTEWATER GENERATION: EXISTING CONDITIONS
CURRENT ZONING: RL 1
CURRENT LAND USE: RESIDENTIAL LOW (RL) ON 7.31 ACRES (4 unitslacre)
Flows based on City of Palm Beach Gardens Division 3, Concurrency
Section 78-75, Table 7: Potable Water Level of Service,
Florida Administrative Code Chapter 64E-6 and/or
Seacoast Utility Authority established rates.
Rate/Ea Subtotal Subtotal
X:U006W36 Ballenlsles Entrance Parcels\06036 Concurrency Calcs 2007-1 1-1 9.xls 2/7/2008, 3:15 PM
KESHAVARZ & ASSOCIATES, INC.
71 1 North Dixie Highway, Suite 200
West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476
PROPOSED USES
Commercial CASE I I I I ,448 sf 0.10 11,145 7.74
CASE II 222,890 sf 0.10 22,290 15.48 r
EXHIBIT
BALLENISLES WEST OUT PARCEL
WASTEWATER GENERATION: PROPOSED CONDITIONS
SUMMARY CASE I
SUMMARY CASE II
PROPOSED ZONING: PO
PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES
11,145 7.74
22,290 15.48
Flows based on City of Palm Beach Gardens Division 3, Concurrency
Section 78-75, Table 5: Sanitary Sewer Level of Service
Rate/Ea Subtotal Subtotal
LEVEL OF SERVICE RATES
Average Annual Daily 107 gpdkap
Peak 24-Hour 118 gpd/cap
UTILITY PROVIDER: Seacoast Utility Authority
contact: Dee Giles, ext. 305
Rates based on SUA criteria
Commercial rates based on 0.1 gallons per square foot
X:\2006\06-036 Ballenlsles Entrance ParcelsW036 Concurrency Calcs 2007-1 l-19.xls mczooa, 3:oa PM
Feb. 6,2008
Project # 06-036
Ballenlsles West Out Parcel
Comparative Analysis of Impacts
SOLID WASTE
Service Provider
Neamt Solid Waste Facility
Level of Service
Current Demand
PrODased Demand
CASE I (111,448 sf)
CASE I1 (222,890 st)
Cham
CASE I (111,448 st)
CASE II (222,890 sf)
Cdy of Palm Beach Gardens (hauled, Palm Beach County Solid Waste Autt~rity
(disposal site)
Palm Beach County solid Waste Author& located on N. Jog Rd, south of State
Road 710, amhate& 5.5 miles southeast ofthem site.
City trucks and County disposal system shall aaxKnmodate 7.03 pounds of garbage,
and 1.18 bs of yard debris per capita per day.
489 Ibs of gam and 82 Ibs of yard debris per day (see attached caiculations)
1,679.35 Ibs of gabage and 0 Ibs of yard debris per day (see attached calculations)
3,358.71 Ibs of gabage and 0 Ibs of yard debris per day (see attached calculations)
+lIW.35 Ibs of gar;bage per day INCREASE
-82 Ibs of yard debris per day REDUCTION
+2869.71 Ibs of garbage per day INCREASE
-82 Ibs of yard debris per day REDUCTION
71 1 North Dixie Highway, Suite 201, West Palm Beach, FL 33401 phone:(561) 689-8600 faxi5611 689-7476
KESM VARZ & ASSOCIA TES, INC.
71 1 North Dixie Highway, Suite 200
,West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476
EXISTING USES
Residential 29 ea 489 69.6 489 82
SUMMARY TOTAL 489 82
EXHl BIT
BALLENISLES WEST OUT PARCEL
SOLID WASTE GENERATION: EXISTING CONDITIONS
571
571
CURRENT ZONING: RL 1
CURRENT LAND USE: RESIDENTIAL LOW (RL) ON 7.31 ACRES
Flows based on City of Palm Beach Gardens Division 3, Concurrency
Section 78-75, Table 6: Solid Waste Level of Service ((I
Solid Waste Authority Commercial Waste Generation Schedule
Total Total
Daily Rate Total Garbane Yard Debris
LEVEL OF SERVICE
Garbage 7.03 Ibs/day/person
Yard Debris 1.18 lbsldaylperson
UTILITY PROVIDER: Palm Beach County Solid Waste
contact: Marc C. Bruner, Ph.D.
Director of Planning and Environmental Programs
Rates based on PBG Concurrency Regs
For comparison purposes, the average waste generation of all medium
users was used for both commercial and industrial waste.
X\2006\0&035 Ballanlsks Entrance ParedsWO36 Concurrency Cab 2007-1 l-lQ.xls 21712008. 3:08 PM
KESHA VARZ & ASSOCIATES, INC.
71 1 North Dixie Highway, Suite 200
West Palm Beach, Florida 33401
phone: (561) 689-8600
fax: (561) 689-7476
Commercial CASE I
CASE II
SUMMARY CASE I
SUMMARY CASE II
EXHIBIT
BALLENISLES WEST OUT PARCEL
SOLID WASTE GENERATION: PROPOSED CONDITIONS
111,448 sf 5.5 1,679.35
222,890 sf 5.5 3,358.71
1,679.35
3,358.71
PROPOSED ZONING: PO
PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES
Flows based on City of Palm Beach Gardens Division 3, Concurrency
Section 78-75, Table 6: Solid Waste Level of Service &
Solid Waste Authority Commercial Waste Generation Schedule
Total
Daily Rate Total Garbage
Quant. Units Ibdl OOsf/day Persons (Ibdday)
IPROPOSED USES I I I I I 1
LEVEL OF SERVICE
Garbage sq.ft./365 days x 5.5 Ibs.
UTILITY PROVIDER: Palm Beach County Solid Waste
contact: Marc C. Bruner, Ph.D.
Director of Planning and Environmental Programs
Rates based on PBG Concurrency Regs
X:\2006\06036 Ballenlsles Entrance ParcelsW036 Concurrency Calm 2007-1 1-1 9.xls
EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT
Date:
Reference #:
August 6,2007
CPSS-07-08-00000 1
GENERAL INFORMATION
Initiating Local Government:
Contact Person:
Address:
City of Palm Beach Gardens
Jackie Holloman, AICP, Planner
10500 N. Military Trail. PBG 33410
Telephone/Fax: (56 1)799-4243 / 799-428 1 (fax)
Applicant/Agent : E.W. Outparcels, LLCKotleur & Hearing, Inc.
Telephone/Fax: (561)747-6336 X 112
PROPOSED COMPREHENSIVE PLAN AMENDMENT
General Summary of Amendments:
A request for a Small Scale Future Land-Use Map Amendment to change the land-use
designation of an approximately 7.3 1 -acre vacant parcel of land (PCN 52 42 42 1 1 00 000 3 1 OO),
known as the BallenIsles West OutDarcel. generally located at the southwest corner of the
intersection of PGA Boulevard and BallenIsles Drive. from a Residential Low (RL) land-use
designation to a Professional Ofice (PO) land-use designation. The applicant intends to develop
a professional office building totaling no more than 1 1 1,448 square feet.
amendments relating to traffic circulation or the roadway networks
amendments relating to affordable housing
Amendments related to the following elements:
X land use (map) - traffic circulation
mass transit
ports and aviation
housing
infrastructure
coastal management - conservation - recreation and open space
intergovernmental coordination
capital improvements
Summary of addition(s) to adopted comprehensive plan: None
Summary of proposed change@) to adopted comprehensive plan: Not applicable.
Proposed amendment(s) to the Future Land Use Map: The Droposed amendment to the Future
Land Use Map involves the redesignation of a 7.31-acre parcel of land from its current
Residential Low (RL) land-use designation to a Professional Office (PO) land-use designation.
Location of proposed map amendment (include a location map): The subiect site is located at
the southwest comer of PGA Boulevard and BallenIsles Drive. The applicant has given the
proiect the workina title of “BallenIsles West OutDarcel.” althouah it is not actually located
within the BallenIsles Planned Community Development (PCD). A location map is attached.
Size of area proposed for change (acres): The size of the subiect parcel is approximately 7.3 1
acres.
Present Future Land Use Plan designation (include a densityhtensity definition):
The current Future Land Use Plan designation of the subiect site is Residential Low (RL), which
limits development to 4.0 units Der moss acre. Therefore. the maximum allowable development
on the subiect 7.3 1-acre parcel would be no more than 29 residential units.
Proposed Future Land Use Plan designation (include a densityhtensity definition):
The proposed land-use designation for the 7.31-acre site is Professional Office (PO). which
allows maximum lot coverage of 35% of the site and a maximum building height of 36 feet. The
land development regulations may further restrict intensities.
Present zoning of site (include a densityfmtensity definition): The subiect site currentlv has a
zoninp designation of Residential Low Density-3 (RL-3). which permits 6.7 units per acre and a
2-storv. 36-foot building height. Under the Present zoning designation, approximately 48 units
could be develoPed. with Possible further restrictions by the land development regulations.
Proposed zoning of site (include a densityAntensity definition): The proposed zoning
classification for the entire 7.31-acre site is Planned Unit DeveloDment (PUD) Overlay with an
underlying zoninp desianation of Professional Office (POI. The maximum allowable
develoriment under the DroDosed zoning, designation is the same as that allowed under the
proposed land-use designation. or 35% maximum lot coverage and a 36-foot building height.
The site will be further restricted by the land development regulations.
Present Development of Site: The 7.31-acre site is presently vacant.
Proposed Development of the Site, if known (number of dwelling units, commercial square
footage, industrial square footage, other proposed usage and intensity): The Drowsed
develoument will consist of amroximately 1 1 1,448 square feet of professional office building
use. -
Is proposed change a Development of Regional Impact? No.
Comprehensive Plan Change Processing:
Date/Time/Zocation Scheduled for Local Planning Agency Public Hearing:
SeDtember 25.2007 (tentative) at 6:30 mm. in the Council Chambers at 10500 N. Military Trail,
Palm Beach Gardens, Florida 344 10.
DatdimdLocation Scheduled for Governing Body Public Hearing:
November 25.2007 (tentative) at 7:OO p.m. in the Council Chambers at 10500 N. Military Trail,
Palm Beach Gardens, Florida 33410.
Scheduled Date for Transmittal to DCAt December 1,2007 (tentative)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
30
39
40
41
42
43
44
45
46
ORDINANCE 15,2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN
ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER
163, FLORIDA STATUTES, SPECIFICALLY SECTION
163.3187(1)(c), ET SEQ., FLORIDA STATUTES, WHICH PROVIDES
FOR AN AMENDMENT TO THE CITY’S FUTURE LAND USE MAP
DESIGNATING ONE (1) PARCEL OF REAL PROPERTY
COMPRISING APPROXIMATELY 7.31 ACRES, MORE OR LESS, IN
SIZE AS “(PO) PROFESSIONAL OFFICE”; SUCH PARCEL OF
LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF PGA BOULEVARD AND BALLENISLES DRIVE,
INFORMALLY KNOWN AS “BALLENISLES WEST OUTPARCEL”;
PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF
CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BEACH GARDENS, FLORIDA ADOPTING A SMALL-SCALE
WHEREAS, the City of Palm Beach Gardens has received a privately initiated
application from E.W. Outparcels, LLC, owner of the subject property, for a small-scale
amendment to the Comprehensive Land Use Plan of the City of Palm Beach Gardens,
as more specifically described in Exhibit “A” attached hereto and incorporated herein;
and
WHEREAS, the City recognizes that providing this parcel with a Land Use
Designation of Professional Office will provide the most appropriate land use
designation for the site; and
WHEREAS, on January 27, 2009, the Planning, Zoning, and Appeals Board,
sitting as the duly constituted Local Planning Agency for the City, recommended
approval of the proposed amendment to Future Land Use Map of the Comprehensive
Plan of the City; and
WHEREAS, the City Council finds that the subject amendment is consistent with
the City’s Comprehensive Plan; and
WHEREAS, the City Council finds that the subject amendment is consistent with
Sections 163.31 84 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
~
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
30
39
40
41
42
43
44
45
46
Ordinance 15, 2009
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.3181, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Future Land Use Map of the City's Comprehensive Plan is
hereby amended, as set forth in accordance with Exhibit "A" attached hereto and
incorporated herein, for the following described real property:
LEGAL DESCRIPTION:
PARCEL 13.01 (WEST PARCEL)
A PARCEL OF LAND SITUATE IN SECTION 11 , TOWNSHIP 42 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF PGA
RIGHT-OF-WAY MAP, SECTION 93471-2301 AND BY THE RIGHT-OF-WAY TAKEN
BOULEVARD AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION
BY THE FLORIDA STATE TURNPIKE AUTHORITY PURSUANT TO THE FINAL
JUDGMENT RECORDED IN MINUTES OF THE CIRCUIT COURT BOOK 70, PAGE
352; BOUNDED ON THE EAST BY THE WEST LINE OF TRACT ER-1, AS SHOWN
ON PLAT ONE OF HANSEN-JDM, ACCORDING TO THE PLAT THEREOF AS THE
NORTH LINE OF TRACTS GC-1 , GC-2, AND W-1 , AS SHOWN ON SAID PLAT ONE
OF HANSEN-JDM; AND BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY
LINE OF FLORIDA'S TURNPIKE.
LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO NORTHERN PALM
RECORDED IN OFFICIAL RECORDS BOOK 7819, PAGE 1433, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
BEACH COUNTY WATER CONTROL DISTRICT BY THE RIGHT-OF-WAY DEED
AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO MACARTHUR
BOOK 11 367, PAGE 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
HOLDING A, INC. BY THE QUIT-CLAIM DEED RECORDED IN OFFICIAL RECORDS
COMPRISING 7.31 ACRES, MORE OR LESS.
2
Ordinance IS, 2009
1
2
3
4
5
6
7
8
9
10
?I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
29
30
31
32
33
34
35
36
37
30
39
40
41
42
43
44
45
46
SECTION 3. This amendment shall provide for a development intensity restriction
by designating on the City's Future Land Use Map for the subject property the following
notation: The maximum intensity is limited to no more than 111,448 square feet of
general office, or the equivalent number of net trips.
SECTION 4. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 5. Should any section or provision of this Ordinance or any portion
thereof, any 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 this Ordinance.
SECTION 6. The City's Growth Management Administrator is hereby directed to
transmit the proposed Comprehensive Plan Amendment to the Department of
Community Affairs of the State of Florida and other appropriate public agencies, and
upon adoption of this Ordinance is further directed to ensure that this Ordinance and all
other necessary documents are forwarded to the Florida Department of Community Affairs
and other agencies in accordance with Section 163.31 84(3), Florida Statutes.
SECTION 7, This amendment shall become effective thirty-one days after
adoption. If this amendment is challenged within thirty days after adoption, it shall not
become effective until the state land planning agency or the Administration
Commission, respectively, issues a final order determining the adopted small-scale
development amendment is in compliance.
(The remainder of this page left intentionally blank)
3
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Ordinance 15, 2009
PASSED this day of , 2009, upon first reading.
PASSED AND ADOPTED this day of , 2009, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: - Joseph R. Russo, Mayor
- David Levy, Vice Mayor
- Eric Jablin, Councilmember
Jody Bamett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
FOR AGAINST ABSENT
G:bttorney~share\ORDI"CESP009\Ordinance I 5 2009- ballenisles outparcel.docx
4
EXHIBIT "A"
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 19,2009
Resolution 108,2009
Subject / Agenda Item:
Resolution 108,2009: Semi-Finalist Agreements - Artistic Bus Shelters (RFP 2009-010)
Consideration of approval: Recommendation to City Council awarding semi-finalist agreements for
Phase I Artistic Bus Shelters to Winslow Wedin, Carlos Alves, McMow Art and Glass, Inc., Mark Fuller
(yellow) and Mark Fuller (green).
[XI Recommendation to APPROVE
[ ] Recommendation to deny
aeviewed by:
'lanning Manager:
N/A
Vatalie Wong, AICP
Development Compliance
Manager:
N/A
Bahareh Wolfs, AICP
:c
Kara Irwin, AICP
Originating Dept.:
Growth Management:
Project
Manager
Allyson Black
Advertised: N/A
Date:
Paper:
[XI Not Required
Affected parties:
[ ]Notified
[XI Not Required
FINANCE:
costs: $~10,000.00~
Total
$ 500,000.00
Current FY
Funding Source:
[ ]Operating
[X 3 Other
Budget Acct.#:
Art Impact Fund
304.1400.5 15.6900
City Council Action:
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Submitted Proposals
0 Resolution 108,2009
0 Call to Artist- RFP
0 Semi-finalist
Agreements
2009-0 10
BACKGROUND
Meeting Date: November 19,2009
Resolution 108,2009
The need for bus shelters within Palm Beach Gardens was brought to the attention of City Council by
Palm Beach County through County Commissioner Karen Marcus. For years, Commissioner
Marcus has pursued the construction of bus shelters throughout her jurisdiction. While the City is
currently cutting back on certain capital projects, such as bus shelters, there is over $800,000 in the
City’s Art Impact Fund, which is money that the City Code requires developers to pay towards public
art on their development sites or grant to the City for public art projects. At the same time that
Commissioner Marcus was pressing the need for bus shelters, the City’s resident art board, Art in
Public Places Board, was looking for possible public art projects in the City and the concept of
utilizing art impact funds for artistic bus shelters was discussed. The Art in Public Place Advisory
Board proposed to set aside a portion of the art funds for bus shelters.
On March 19,2009, the City Council approved a maximum budget of up to $500,000 from the art
impact fund to allow the Art in Public Places Board to move forward with a “Call to Artist” Request
for Proposal for artistic bus shelters in the City of Palm Beach Gardens.
In July 2009, the City released nationally a “Call to Artist” Request for Proposal for two (2) artists to
work with their own general contractor and engineer to design, fabricate, construct and install
outdoor bus shelters to be placed at up to four (4) separate locations along PGA Boulevard and up to
four (4) separate locations along Military Trail within the City of Palm Beach Gardens. One (1) artist
will be selected for each roadway. On August 3 1, 2009, the City received a total of eleven (1 1)
proposals for the artistic bus shelter project. Of the eleven (1 1) applications, ten (1 0) were accepted
as complete.
On September 15, 2009, the Selection Committee short-listed the proposals to five (9, per the
Request for Proposal. The five semi-finalists that were selected are:
0 Winslow Wedin;
Carlos Alves ;
0 McMow Art and Glass, Inc.;
0 Mark Fuller (yellow proposal); and
0 Mark Fuller (green proposal).
Included in the overall project budget for the artistic bus shelters was an award of $2,000 for each of
the semi-finalists to present an in-person, fully-conceived proposal including images, scale models,
or other materials which will illustrate the concept of the proposal to the Selection Committee. An
itemized budget must also be included in the proposal. Following the presentations, the Selection
Committee will select two (2) finalists. The recommendation for the finalists will be reviewed by the
Art in Public Places Board and City staff for comment, details, compliance with City codes, laws,
and ordinances, and then presented to the City Council for final approval.
Meeting Date: November 19,2009
Resolution 108,2009
STAFF RECOMMENDATION
Staff recommends approval of Resolution 108,2009 as presented.
TH€ W€DIN JTUDIO
850 West Roval Palm Road, Boca Moo. Florida 3348 -2 I = =~~Lll I (561) 392-6, I6 e-mail: wincarol@bellsouth.net
Cover Letter To: Robert Bruno and the review team. Date : 31 August 2009 Project : 2009-010 Artistic Bus Shelters
Introduction: Winslow Wedin is an artist with exhibitions and awards from the 1950's. He is also an Architect (FL AR #005sO8) and has practiced in Florida since 1970 - on occasion producing some outstanding and award winnin buildings.
dinslow has degrees in Art, Architecture, urban Engineering. Professor Wedin has taught Art, States and abroad. He is past president of Group and the Palm Beach Watercolor Society. In 2008 Winslow received an award at the Coral Springs Museum of Art and is currently month of September exhibitin at the Boca Raton Community ca Raton In this project "Artistic Bus Shelters' Wedin will act as Artist, Architect of record, provide all structural engineeri
Thank You for reading this abbreviated resume,
Sincerely,
Center and the A cience of the Mind 48) enter in
design- build contractor Joe Cerrone w 7 ich he has known since 1981.
and work closely with his friend and
Winslow E. Wedin
City of Palm Beach Gardens, Florida
Artistic Bus Shelters
Proposal No. 2009-010
Public Art Application Form
Submissions must be received no later than August 31,2009
to miew the Submiwn Cwist. arm 8-
.,,,on.
RFP No. 2o08010
ktidic BIN stlelton
9
QUESTIONNAIRE
This Questionnaire shall be completed and submitted in envelopelpackage with the
Qualifications.
By submission of this questionnaire, Artist guarantees the truth and accuracy of all statements
and answers herein contained. Attach additional information if necessary.
1. Has the Artist or its general contractor failed to complete work awarded to
him/her/iihem? If so, where and why?
0
2.
3.
Has the Artist or his/her/iisgeneral contractor inspected the propos
the Artist have a complete planzslher/iis performance? Yes & site(s), and does
SAW
List and desaibe all bankruptcy petitions (Voluntary or Involuntary) which have been
filed by or against the Artist or its general contractor during the past five (5) yean.
Include m the description the &isition of each such Detition.
4. Lit and describe all Performance or Payment Bond daims made against the Artist's or
its general contractor's surety(ies) during the last fwe (5) years.
5. List all daims, arbitrations, administrative hearings, and lawsuits brought by or against
the Artist or its general contractor during the last five (5) years. The lit shall indude all case names: case, arbitration, or hearing identification numbers; the name of the project
over which the dispute arose; and a description of the subject matter of the dispute.
10
RFP No. 2oo9010 ArtbdicBushdten
6.
7.
8.
V,‘ .
List and describe all criminal proceedings or hearings concerning business-related
offenses in which the Artist or its general contrador were defendants.
flUE
Has the Artist been suspended by any government agency during the last five (5) years?
If yes, provide details.
List and disdose any and all business relations with any members of the Ci Counal.
d
a
11
WP No. m10 Bun SMum
City of Palm Beach Gardens
Proposal by Winslow Wedin for The Artistic Bus Shelters on PGA Boulevard
RFP City Project #2009-10
Wlmen Proposal Page 5 (Item #6)
(1 ) The relationship between the Proposed Work and the PGA Roadway:
orientation allows the use of roof mounted solar photovoltaic panels which are a
important part of the designs.
The Artist/ Architect has requested this PGA location because the North - South
(2) The Projects goals and guidelines:
The designs submitted comply with the maximum dimensions (1O'L x 4'W
xlOH); The low maintenance materials ( glass, ceramic tile, concrete and aluminum)
and the uniqueness of design as requested is presented.
(3) Artist background to complete the project:
service construction documents including structure, but in addition the Architect has a
history of working with this contractor on several design- build projects (including the
contractor's own home).
The Artist is an Architect (FL RA #005508) with vast experience in producing full
(4) Drawing and design concepts attached:
are in substantial agreement as to construction feasibility within the budget. We will
attempt to incorporate all of the "green building" technologies as possible.
These preliminary concept studies have been reviewed by all parties and we
(5) The Process - How to get from conceptual design to finished installation:
The Artist / Architect shall provide all of the required Documents for Construction
working with the contractor to define on site work, prefabricated components and final
site assembly. The contractor shall obtain the building permit from the city working with
the Artist/ Architect on any requested revisions. Than, as a team the contractor with the
Artist/ Architect shall verify all construction to obtain a high quality finished product.
File: M917 Bus Shelter part 6
*Include C. General Contrmrs Fmns and Engipeers Past Pra
City of Palm Beach Gargens Bus Shelters
a list of at least three (3) projects EACH with emphasis on similar projects.
"I
General Contractor: Recreation Design and Constructional Company,
Name of project
Inc. (ROC) CEO Joseph Cerrone Registration KGCA21702
Harbour Isles Roadway lmprovenments
Clients name, address and phone number, fax number and e-mail
City of Ft. Lauderdale, Hal Barnes, 954 828 5064
Descri tion of all services provided fDF to execute original desi n to beautify the area by narrowing the
streets to slow down traffic. 8 onstuction paver paths to the beach.with lighting, signage and tropical landscaping.
Performance period 10/30/08 completed
Total amount of contract.
$598 , 058.00.98
Name of project (s) (total of 7 projects- one contract) Osswell Park, North Andrew Gardens, Markham Park, Deerfield Island Boardwalk, Plantation Hertigage Park, Fern Forest,
Tradewinds ParK.
Clients name, address and phone number, fax number and e-mail Rlichard Voss, 1 N. University Drive Bldg B
Plantation Florida 33324 954 357 8142
Description of all services provided Renovation of rereation building and restrooms , Replacement of Decks, Floating docks, roofs, pump station, parking and landscaping.
New shelter facilities, and administration Bldgs.
Performance period
. 2001 completed 2005 Total amount of contract
$2,900.000,00
FILE: 091 7-1 0 contractor.
Wedin Bus Shelter Project Resume
City of Palm Beach Gardens
Artistic Bus Shelters
Proposal No. 2009-10
(2) Resume of Winslow Elliott Wedin Artist (and Architect)
Note: Mr. wedin has been a practicing Artist and Architect and full time resident in
Palm Beach County since 1981. Winslow became a Florida Registered Architect in
1968 (FLARyO05508). He has participated in art shows and exhibitions from the mid
1950's. Wedin is currently showing (through the month of September) at the Boca
Raton Community Center and the Sdence of the Mind Center in Boca Raton. He has
participated in the Pineapple Grove development in Delray Beach and downtown
block grants for Boynton Beach.
' lndude a list of three(3) projects emphasizing public art
experience end "human use" projects
1. Name of Project:
Celebration of Earth Day 2004
Clients name, address, phone number, fax numbers and e-mail:
City Hall, The City of Ft. Lauderdale, florida
Descriptions of all services provided:
Mr Wedin was asked to provide 22 pieces of sculpture constructed
from recycled foam plastic for one month in the lobby of City hall
Performance period:
From Lune 21 st to July 21 st 2004
Total amount of contract:
No monies were exchanged. There was a reception and a T-shirt
A.
2. Name of Project:
Low cost, energy efficent housing on City property.
Clients name, address, phone number, fax numbers and e-mail:
The City of Coral Springs, florida
Descriptions of all services provided.
With Joe Cerrone Contractor and the Poly- Steel corporation,
Wedin , acting as Architect designed several prototype homes as a
design- build proposal
To be constructed circa 2003
The city chose not to procede with the project
Performance period:
Total amount of contract:
3. Name of Project:
Renovation of a building owned by the Boca Raton Parks and
Recreation as offices, club rooms and art exhibition space
Clients name, address, phone number, fax numbers and e-mail:
The city of Boca Raton florida, Parks and Recreation
Descriptions of all services provided:
To provide full Architectural Services indudirlg lull tiwe
I
‘i .
Include C. General Contractors Fwn s and Wers Past Pra City of Palm Beach Gardens Bus Shelters Wedin
a list of at least three (3) projects EACH with emphasis on similar projects.
“1
General Contractor: Recreation Design and Constructional Company,
Name of project
Inc. (RDC) CEO Joseph Cerrone Registration EGCA21702
Harbour Isles Roadway I m proven ments
Clients name, address and phone number, fax number and e-mail City of Ft. Lauderdale, Hal Barnes, 954 828 5064
Description of all services provided RDF to execute original desi n to beautify the area by narrowing the
beach.with lighting, signage and tropical andscaping. P streets to slow down traffic. 8 onstuction aver paths to the
Performance period 10/30/08 completed Total amount of contract.
$598,058.00.98
Name of project (s) (total of 7 projects- one contract) Osswell Park, North Andrew Gardens, Markham Park, Deerfield Island Boardwalk, Plantation Hertigage Park, Fern Forest, Tradewinds ParK.
Clients name, address and phone number, fax number and e-mail Rlichard Voss, 1 N. University Drive Bldg B Plantation Florida 33324 954 357 8142
Description of all services provided Renovation of rereation building and restrooms , Replacement of
Decks, Floating docks, roofs, pump station, parking and landscaping. New shelter facilities, and administration Bldgs.
Performance period
2001 completed 2005 Total amount of contract $2,900.000,00
FILE: 091 7-1 0 contractor.
Wedin Past and Current Projects
City of Palm Beach Gardens
Artistic Bus Shelters
Proposal No. 2009-10
(2) Resume of Winslow Elliott Wedin Artist (and Architect)
Note: Mr. wedin has been a practicing Artist and Architect a& ,~ll time resident in
Palm Beach County since 1981. Winslow became a Florida Registered Architect in
1968 (FLAR#005508). He has participated in art shows and exhibitions from the mid
1950's. Wedin is currently showing (through the month of September) at the Boca
Raton Community Center and the Science of the Mind Center in Boca Raton. He has
participated in the Pineapple Grove development in Delray Beach and downtown
block grants for Boynton Beach. - Include a list of three(3) projects emphasizing public art
experience and "human use" projects
1. Name of Project:
Celebration of Earth Day 2004
Clients name, address, phone number, fax numbers and e-mail:
Ci Hail, The City of Ft. Lauderdale, Florida
Descriptions of all services provided:
Mr Wedin was asked to provide 22 pieces of sculpture constructed
from recycled foam plastic for one month in the lobby of City hall
Performance period:
From June 21st to July 21st 2004
Total amount of contract:
No monies were exchanged. There was a reception and a T-shirt
A.
2. Name of Project:
Low cost , energy efficent housing on City property.
Clients name, address, phone number, fax numbers and e-mail:
The City of Coral Springs, Florida
Descriptions of all services provided.
With Joe Cerrone Contractor and the Poly- Steel corporation,
Wedin , acting as Architect designed several prototype homes as a
design- build proposal
To be constructed circa 2003
The city chose not to proceed with the project
Performance period:
Total amount of contract:
3. Name of Project:
Renovation of a buildingowned by the Boca Raton Parks and
Recreation as offices, club rooms and art exhibition space
Clients name, address, phone number, fax numbers and e-mail:
The City of Boca Raton Florida, Parks and Recreation
The Swim and Racquet Center 21626 St. Andrews Blvd., Boca Raton, Florida
WedinL krs shelter Resume
Descriptions of all services provided:
To provide full Architectural Services including full time
construction supervision. Wedin was short listed (5) from a field of
25 Architects.
Performance period:
Design to begin in the summer of 2007. project was halted by the
client for lack of funding
Total amount of contract:
We were estimating a construction cost of $1,3000,000.
B. List the following information concerning all contracts
in process as of the date of submission on this proposal.
1. Name of Project
Sculpture for the Avenue of the Arts in Boynton Beach, Florida
Clients name, address and phone number, fax numbers and e-mail:
The city of Boynton Beach, Florida
Description of all services provided:
The artist is to provide one large sculpture to be located on the
Avenue of the Arts for a period of one year. The work to be for sale
to the city or others
Performance provided:
The sculpture exists. The Artist to install the work in September
2009
% of completion:
30%
Total amount of contract:
$2,000 for instillation only, not sale.
file Wedin past and current projects
i
iew Appkdtion status
pply to Retake Exam
ind Em lnfmnabon
h a Compbnt
8o;r Dehquent
lnvolce b Act~ty
bt Search
Vrarsm*ar
mew a Lxmr
hmge kenso Status
laintam AccWnt hilnge My Address
HIW Messages
hm MY PIN
,2
., -
L
I
1. A
The A e Shell approach #s concept utilizes a shell forming approach which I developed in the late 1960's. Light weight urethane foam is sprayed onto a fabric form. In this case a smooth vinyl membrane. This membrane is air inflated, the foam spra is followed by a bonded wire mesh reinforcement and a gunite
round white ceramic tiles completes the structural shell. for the interior a hard coat of portland cement glass reinforced intricacy colored stucco is applied. Theres are a numberof finish textures which can be modeled into the surface. The bench and floor would be finished in multicolored ceramic tile.
Other exterior finishes are suggested in the rendering. The foam insulation is not only acting as an armature and form for the concrete but also provides fantastic insulation for the space below.
concrete ( r ike pool construction) forming the outer shell. A coating of
Winslow Wedin 31 Aug. '09
The Colored Glass shelter there are many standard impact resistant laminated glass window
units. Gold, silver, mirror,and bronze are "off the shelf" items. In addition the industry has the ability to fuze most an decorative scrim to the glass for
shell of geometric shapes sealed into standard aluminum storefront channels . four inch square structural aluminum tubes and stainless steel cables provide for the 150 mph wind resistance.
varying degrees of color and opacity. x II of this will be incorporated into a
Winslow Wedin 31 Aug. '09
Solar Roof on Custom Trusses
solar photo voltaic film (available on the market). The roof is cantilevered from a 12" poured concrete wall totally covered with ceramic tile in a
custom artist designed mural. The roof has an additional Steel tie down cable enclosed in a decorative stucco fin. Lighting and ventilation fans are in the ceiling.
I
I The custom trusses are automotive enamel painted aluminum hoops i
I and tubes at 2'-0" olc supporting a roof covered in a metal with bonded
Winslow Wedin 31 Aug. '09
1
Structural Glass shelter
ticket booth and bleacher stand built entirely of High impad laminated
glass this shelter design has bearing walls of glass. the glass slabs would be several inches thick with color layers
imbedded or fuzed onto the surface. A light sandblasting will provide a surface which allow an edge lightin of solar powered LEDs to ive the
display providing an opportunity for revenue producing d ita1 advertising and / or bus delay or severe weather information. The r 08 and the roof mounted photo voltaic solar collectors are supported by dear glass columns. A bank of lithium batteries are mounted beneath the bench.
This pro sal is quite different from the rest in that it is all constructed of structural g p" ass. Building on the technology of the NY Times square
panels a sliqht glow. Embedded w & in one slab would be an L E! D graphic
Winslow Wedin 31 Aug. '09
a F d.
-s e
k
The Playful Shelter Inspired by the work of Barcelona architect Antonio Gaudi circa
1906, this shelter has a curvilinear broken ceramic tile surface covering the seat and back The roof is a simple concrete shell (which can be cut short to fit the 4’-0” limitation - But I think we in Florida need more sun and rain protection). the floor is a freeform red brick or tile construction over structural concrete balancing the cantilevered shell.
Winslow Wedin 31 Aug. ‘09
i REQUEST FOR PROPOSALS FOR
Proposal No. 2009-010 : Artistic Bus Shelters DI I I
8
a m
I
prepared bu
CARLOS ALVES
prepared for the Ci of Palm Beach Gardens
CARLOS AWES 1157 SW 6th Street
Miami, Florida 33130
Studio: (305) 326-0800
Fax: (305) 326-0833
email: carlos&af/osa/vesinc.com
August 31,2009
The City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Re: Request for Proposals for Artistic Bus Shelters - Proposal No. 2009-01 0
Dear Members of the Selection Committee:
As I am sitting in my garden and contemplating this project, the
lushness of Palm Beach Gardens is the image that stayed with me.
It is the basis of my concept design for the bus shelters you are
planning along two of your major corridors. This inspiration and my
artistic style are the perfect complement to your desire to bring art to
a functional part of your community.
In this proposal I have included a glimpse into my background and the
art I have created across the country. At heart I am a South Floridian
and embrace the vibrancy that is part of our souls.
A liltlo about me. I have been serious about art since I was a child and it shows in my passion for making
things out of clay, glass, metal, salvaged artifacts, and recycled objects. My mission to make art from anything is
encapsulated in my motto - “Chip it, crack it, smash it. Put it back together and give it whole new life. .. I draw from
my Cuban roots and my South Florida upbringing, communicating the themes that encompass love, hope, history,
culture, politics, nature and a kinship with the sea.
I I graduated with a Masters in Fine Art from Illinois State University and
a Bachelor of Fine Art from the University of Miami, and a scholarship to
Scuola Lorenzo Di Medici in Florence Italy. I started my post-college career
with a free flowing tile installation located on the floor and walls of the
Art Center South Florida. The project eventually led to commissions by a
number of public and private clients in the United States, and from London
to Hong Kong. I enjoy projects with children and have accomplished many
public artworks working with them including “The Miami River Poetry Project”
and currently on the Miami-Dade County Children’s Court House.
i
’ I welcome the opportunity to present this information for your consideration
and hope to meet each of you when finalists present their concepts to you.
1 All the best,
/-? /
Carlos Alves
Con tents
Application Form, Ouestlonnalre, and Artist’s Agent Form ................................ 1
Resume ..................................................................................................................... 2
Artist’s Past Experience
Artist’s Current Projects
General Contractor’s, Fabricator’s and Engineer’s Past Projects
General Contractor/Engineer Licenses ................................................................ 3
Images ...................................................................................................................... 4
Preliminary Concept Drawings ............................................................................. 5
Wrltten Proposal ..................................................................................................... 6
CARLOS AWES
1-1
Application Form, Ouestionnaire, and Artist’s Agent Form
Application Form
flues t ionnair e
Artist’s Agent Form - Not Applicable
CARLOS AWES
City of Palm Beach Gardens, Florida
Artistic Bus Shelters
Proposal No. 2009-010
Public Art Application Form
Submblona must bo recoiwd no kt.r than August 31,2009
PLEASE TYPE OR PRINT
Laat name: Uveg Firstname: Carlos Date:-&
Contact address (PO Box not acmptable):
-pany:
m Skeet stmt 1157W6
City, State, Zip: Miami. FL 33130
Tel: ml331-6808 Email: woe-
Fax: (;ip5)331-ssOe
Gdlsry affiliation (tf Td.:
signature of Applkant -
9
QUESTIONNAIRE
This Questionnaire shall be completed and submitted in envelope/package with the
Qualifications.
By submission of this questionnaire, Artist guarantees the truth and accuracy of all statements
and answers herein contained. Attach additional information if necessary.
1. Has the Artist or its general contractor failed to complete work awarded to
him/her/it/them? If so, where and why?
"No" for both the artist and contractor
2.
3.
4.
Has the Artist or his/her/its general contractor inspected the proposed site(s), and does
the Artist have a complete plan for his/her/its performance? Yes or No
"Yes" for both the artist and contractor
List and describe all bankruptcy petitions (Voluntary or Involuntary) which have been
filed by or against the Artist or its general contractor during the past five (5) years.
Include in the description the disposition of each such petition.
"None" for both the artist and contractor
List and describe all Performance or Payment Bond claims made against the Artist's or
its general contractor's surety(ies) during the last five (5)years.
"None" for both the artist and contractor
5. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against
the Artist or its general contractor during the last five (5) years. The list shall include all
case names: case, arbitration, or hearing identification numbers; the name of the project
over which the dispute arose; and a description of the subject matter of the dispute.
"None" for both the artist and contractor
RFP NO. 2009-010
Artistic Bus Shelters
10
List and describe all criminal proceedings or hearings concerning business-related
offenses in which the Artist or its general contractor were defendants.
"None" for both the artist and contractor
7. Has the Artist been suspended by any government agency during the last five (5) years?
If yes, provide details.
No
0. List and disclose any and all business relations with any members of the City Council.
None
Section 2. Resume
Artist’s Past Experience
About the Artist
Carlos Ahm has been serious about art since he was a child and it shows in his
passion for making things out of clay, glass, salvaged artifacts, broken shards and
recycled ceramic knick-knacks. AMs has created mosaic murals for walls, floors,
driveways, and swimming pools. Alves is now applying his artistry to large public
and private artwork projects throughout the United States and abroad.
Early in his career, he finished the fountain on Miami Beach’s Lincoln Road, in front of the Colony Theater. He
originally tiled the fountain after Hurricane Andrew and when the City of Miami Beach installed a new water feature
to the fountain, they called Carlos to embellish the new fountain. It is a magnificent coral reef theme, one Ahres
uses throughout a lot of his work.
Many may recognize his work walking through Art Center South Florida, Miami Beach City Hall, Miami’s 8th Street
Metro Mover station, and the 40-foot Sand Castle at the Miami Children’s Museum.
Additionally, over the past decade Carlos has exhibited his art across the world, from the Scuola Lorenzo Di Medici
in Florence, Italy to the Museum of Fine Arts in San Angelo, Texas. Carlos believes that creating public art requires
striking a balance between personal expression and working within the parameters of the project. In his mind the
artist needs to create a piece that can be appreciated by a wide range of people. Currently, he has been working
on individual ceramic wall hangings, predominantly under water scenes where he fuses his hand-made and
recycled ceramic objects, with glass giving a depth to the pieces where one
wonders if the action of the objects were frozen in time. Carlos also has a
series of functional wares, including serving platters with whimsical shapes
that reflect, once again his love of the tropics and the sea.
Other projects Carlos has completed include the 14-foot Pineapple
Sculpture on the lawn of the South Court House in Delray Beach, as well
as six tile murals and 10 benches depicting historical illustrations of Delray
Beach; The Miami River Poetry Project; and a series for floor mosaics at
the General Mitchell Airport Concourse “C“ Floor, in Milwaukee Wisconsin
including 15 medallions from 3-foot to Idfoot in diameter placed throughout
a 2,000-square-foot terrazzo floor. Currently he is working on a commission
from Miami-Dade County’s Art in Public Places on a 180-foot by 8-foot
mosaic tile mural that will incorporate works from local school children.
Drawing from his Cuban roots and South Florida upbringing, Carlos’ themes
encompass love, hope, history, culture, politics, nature and a kinship with
the sea.
2-1
CARLOS ALW
. , .c
1 i
Pineapple Sculpture, bouth County Court House, Delray Beach, FL
2-2
The Artist designed and fabricated a
series of mosaic tile benches, murals
and signature pineapple grove seating
sculpture. The 14-foot high pineapple
was created using metal, lathe and
concrete, then covered it in handmade
tile serving as both a landmark and
functional artwork. Kimley-Horn and
Associates, Inc. provided engineering
services for this project.
Client name, address, phone, hx, e-mail:
Elayna Toby Singer, Administer
Palm Beach County Art in Public Places
Delray Beach South Court House
2633 Vista Parkway
West Palm Beach, FL 3341 1-5603
Fax: (561) 233-0206
esinger@ pbcgov.com
(561) 233-0235
Total amount of contract: $75,000
CARLOS AWES
General Mitchell international Airport Concourse C, Milwaukee, WI
The Artist designed the entire
26,000-square-foot terrazzo
for Concourse C at General
Mitchell International Airport.
The terrazzo was installed by
professional installers. During
this five-year prqect, sections
of the floors were casted and
followed by the Artist who
installed the 14 mosaic tile
medallions-each medallion
pictorialized various historical
images about South Eastern
Wisconsin. I
I
Client name, address, phone, fax, e-mail:
Pat Rowe
General Mitchell International Airport
5300 South Howell Avenue
Milwaukee, WI 53207
Fax: (414) 747-3734
prowe Q mitchellairport.com
Performance perid: 5 years
(414) 288-1536
Total amount of contract: $1 20,000
CARLOS AWES
2-3
Veteran’s Park Fountain, Delray Beach, FL
Mosaic tile fish-the Artist
resurfaced a concrete
fountain and created an iron
sculpture for the center. The
Artist handmade all of the
tiles to create this functional
fountain and seating area.
Client name, address, phone, hx, e-mail:
City of Delray Beach - Public Art Task Force
100 NW 1 st Avenue
Delray Beach, Florida 33444
davila99 @ beLouth.net
Pehrmance period: 2 months
Total amount of contract $28,000
(561) 243-7226
CARLOS AWES
2-4
Artlst’s Current Prolects
Miami-Dade Children’s Court House - Wall of Portraits & Exterior Seating,
Miami, FL
The Artist has been commissioned
by Miami-Dade’s Art in Public Places
to create a 180-foot by 8-foot mosaic
tile mural. The mural will be a series
of portraits-many will be created by
children from various Miami-Dade
County schools. While the larger 8-foot
portrait heads will be created by the
Artist, the mural will be installed on to the
new Children’s Court House being built in
Downtown Miami. The mural will be the
focal point to the city block-wide plaza.
Client name, address, phone, fax, e-mail:
Patricia Romeo
Miami-Dade Art in Public
11 1 NW lst, 6th Floor
Miami, FL 33130
Fax: (305) 375-5345
romeo @ miamidade.gov
hhrmance perid:
To be completed by 2012
Total amount of contract:
$200,000
(305) 375-4634
Places
. .1_ I
Note: Other current projects are private
commissions.
2-5
e P
r
General Contractor's, Fabricator's and Enuineer's Past Projects
General Contractor's Past Projects
About the Contractor
Tektonix Inc. is a licensed and insured general contractor with an extensive architectural design background that
sets them apart from other contractors. They know the importance of integrating the design concept throughout
the construction process. They are experienced with working with the finest European custom interior products
and the most elegant outdoor architectural products on the market. Their broad construction experience includes
high end residential, renovations, marina, and commercial projects.
Beach Portals, City of Lauderdale-By-The-Sea, FL
The City of Lauderdale-By-The-Sea has six locations of "common areas" that serve as public access to the
beach. A typical "common area" includes various park benches, picnic tables and shade structures. The
existing landscape furniture as described was physically damaged by the natural environment and was in
need of replacement. Tektonix Inc. was hired to replace the furniture with a new product manufactured by
Landscapeforms. The damaged product was removed and recycled, and the new product assembled then
installed to all six locations.
Client name, aMress, phone, fax, e-mail:
City of Lauderdale-By-The-Sea
Don Prince
4501 Ocean Drive
Lauderdale-By-The-Sea, FL 33308
Fax: (954) 776-1 857
donpa lauderdalebythesea-fl.gov
Performance period: 09120107 - 09125107,03115108 - 0311 9108
Total amount of contract: $46,500
(954) 776-0576
CARLOS AWES
2-6
VA Hospital, Miami, FL
The Miami VA hospital attained
various landscape furniture such as
benches, tables, and shade structures
manufactured by Landscapeforms to be
placed outside of the hospital for visitor
and patient use. Tektonix Inc. was hired
to assemble and install the products
at the main entrance and break area
outdoors. Work was performed during
hospital hours with substantial amounts
of public pedestrian traffic, and very tight
security conditions.
Client name, address, phone, fax, e-mail:
Julia Ramdhanas
1201 N.W. 16th Street
Miami, FL 331 25
Fax: (305) 575-3232
Julia.Ramdhanas@va.gov
Rmbrmance period: 0611 5/08 - 06/23/08
Total amount of contract: $40,028
(305) 575-3404
2-7
L 'I
CARLOS AWES
VA Hospital, Sunrise, FL
The Sunrise VA hospital attained various
landscape furniture such as benches,
tables, and shade structures manufactured
by Landscapeforms to be placed outside
of the hospital for visitor and patient use.
Tektonix Inc. was hired to assemble and
install the products at various locations
all around the hospital grounds. Work
was performed during hospital hours with
substantial amounts of public pedestrian
traffic, and very tight security conditions.
Client name, address, phone, fax, e-mail:
Julia Ramdhanas
1201 NW 16th Street
Miami, FL 33125
Fax: (305) 575-3232
Julia.Ramdhanas t3va.gov
Perbrmance period: 1 1/01 108 - 1 1 11 0108
Total amount of contract: $52,479
(305) 575-3404
2-8
CARLOS AWES
Engineer’s Past Proleets
About the Engineer
Kimlgc-Horn and Associates, Inc. is an interdisciplinary firm that has been providing engineering, planning
and environmental services in South Florida for over 40 years. From the regional headquarters in West Palm
Beach, the firm has worked with large and small public agencies, local architectural firms, community groups, and
local artists for a variety of public and private projects. In many instances art has played a pivotal role in projects,
conveying the soul of the people who will use and enjoy it-making a functional project something spectacular.
North Shore Area Roadway Improvements, Miami Beach, FL
”“F\
..e.*
The revitalization of Miami Beach’s North Shore
is turning around years of decline. Encouraged
by the City’s extensive citywide program to
improve the infrastructure, streetscape, and
landscape architecture of the area’s streets and
sidewalks, and to increase the “friendliness”
of streets to pedestrians, investors are
pouring millions into the North Beach area, a
transformation they hope will rival the success
of trendy South Beach a few miles away.
Since 1989, Kimley-Horn’s work with the City
has been critical to establishing the roadway
and streetscape elements upon which this
revitalization will build. The firm has provided
traffic calming measures, streetscape design, urban design, landscape architecture, utilities and drainage
design, roadway engineering, transportation-related services, and construction phase services for three miles of
improvements. Altogether, projects valued at about $300 million are under construction or planned for the North
Beach area.
-
I
As an art in public place project, an “art wall” was
integrated into a public transit stop to provide an
aesthetic and functional backdrop.
Renovated hotels, restaurants, and night clubs
are the main focus of development efforts, and
condominiums are also appearing on once empty
lots. Enhancing pedestrian areas has been an
emphasis during this $16.5 million program, and
3cean Terrace, which fronts the beach and Atlantic
acean, now boasts sidewalks wide enough to
accommodate outdoor cafes as well as pedestrian
2-9
1
traffic. Kimley-Horn’s assistance to the city has also included designating a special assessment district covering
the roadway corridor that included over 300 property owners.
In addition to helping build strong local consensus for the project, we helped the city obtain over $7.5 million
in funding from outside sources. Now essentially complete, the North Shore roadway improvements have
established a solid foundation for a revitalized North Beach.
Client name, address, phone, fax, e-mail:
Neisen Kasdin, former mayor
Akerman Senterfitt
One Southeast Third Avenue, 25th Floor
Miami, FL 33131-1714
neisen.kasdin @ akerman.com
(305) 374-5600
kvbrmance period: Planning time in months: 12 months; Design and construction time: 12 months design, 24
months construction
Total amount of contract: Construction Actual: $16.5 million; engineer‘s fees: $1.25 million
CATS Midtown Bus Shelters, Charlotte, NC
2-1 0
4 Kimley-Horn assisted Charlotte Area
Transit System (CATS) with the design
and implementation of five custom
bus shelters with associated artwork,
furniture, and sidewalk improvements.
The shelters are located in an area of
Charlotte referred to as Midtown, which
was under construction during the
design phase of the shelters project.
Kimley-Horn worked with outside
consultants and CATS Planning staff
to site the shelters within the proposed
development.
The public artist, Susan Harbage Page,
provided a theme and designs for the
artwork in the shelters. The Midtown area is adjacent to the Cherry neighborhood, Charlotte’s first neighbodmod
established to provide homeownership opportunities for working-class African-Americans. Therefore, Page
incorporated the history of the Cherry neighborhood into the artwork at the shelters. The art included historical
photographs provided by local residents, tile work set in the sidewalk at each shelter, and other representations
of the Cherry neighborhood.The photographs were applied to the bus shelter glass panels as a translucent
inter layer.
CARLOS AWES
As the prime consultant for CATS,
Kimley-Horn managed the design
phase and provided construction phase
assistance. Our services included
landscape architecture, civil engineering,
conceptual design, construction
documentation, permitting, construction
administration, coordination with the
public artist, and coordination with CATS
Operations and Planning.
Client name, address, phone, fax, e-mail:
J. David Feltman, AlCP
Manager of Project Development
Charlotte Area Transit System
600 E. Fourth Street
Charlotte, North Carolina 28202
dfeltman @ci.charlotte.nc.us
--
(704) 336-4261
Performance period: 30 months
Total amount of contract: Construction $1 25,000; engineer's fees $80,000
cr
Laishley Waterfront Park
and Marina, Punta Gorda, FL
Laishley Park is an approximately 15-acre site
located just north of downtown Punta Gorda along
the Peace River. This project stemmed from the
Punta Gorda Laishley Park charrette that was held
in Punta Gorda several years ago. The project
includes a park, pedestrian promenade along the
Peace River, streetscaping, landscaping, irrigation,
vehicle and boat trailer parking, and other site
features such as a carousel, farmer's market
open-air pavilions, open-air performance space,
interactive water fountain, and public art. The first
phase of the project includes design development
and construction documents for the park, park
and marina promenade, and temporary parking
facilities for vehicles and boat trailers. Local
Agency Program (LAP) plans were also prepared
for sidewalks in the park.
CARLOS AWES
2-1 1
Client name, address, phone, fax, e-mail:
Randy Brodersen
Public Works
City of Punta Gorda
750 West Retta Esplanade
Punta Gorda, Florida 33950
brodersen 8 ci.punta-gorda.fl.us
Performance period: 2004-2007
Total amount of contract: $1,800,000
(941) 575-5064
Royal Palm Pointe, Vero Beach, FL
For over 40 years, this point of land
served as the western bridgehead for
one of three FDOT bridges connecting
the barrier island with the mainland
in Vero Beach. As part of a 1994
improvement project, a new “high span”
bridge was built just north of the older
bridge, helping to facilitate eastlwest
traffic flows by avoiding the delays
created by the drawbridge openings of
the older bridge structure.
For some of the merchants and property
owners along the original bridge
approach route, this “improvement”
meant the beginning of a slow and
I r
steady decline in their business visibility and vitality. With the old
bridge now gone, the Pointe was essentially a 26-acre, half mile-long
peninsula without an apparent future or vision.
By 1997, the City of Vero Beach retained Kimley-Horn to develop not
just a redevelopment plan, but to prove that project costs would be in
line with the ultimate project benefits. Working closely with City staff,
area merchants, property owners, and local residents, Kirnley-Horn
built strong local consensus for one of three initial alternatives. This
plan incorporated the following important components: planning,
design, permitting, structural design, and construction phase
services for seawalls, aids to navigation, and four-slip courtesy dock.
’
2-1 2
CARLOS AWES
The creation of a three-acre urban waterfront park
including a 524. diameter participatory fountain
with 48 water jet nozzles. The fountain surface
included intricate mosaic work designed by an
internationally known artist. This fountain and
waterfront park has become a popular destination
for residents and tourists and helped rejuvenate the
peninsula area. The columns that stand before the
pier in the park display hand-painted tiles that tell
the story of lndian River Counfy indigenous plants
and animals. Local artist Sharon Sexton designed
and painted these ti/es.
Enhancements to the “public realm,” meant the
calming of vehicular traffic coupled with the
-r
provision of a safe, attractive, and comfortable environment for pedestrians and bicycles. The total project
implementation of just under $5.6 million was funded through a variety of sources including a special assessment
district for the Pointe property owners; general City revenue sources; utility and roadway funding; and grants from
the Florida Inland Navigation District and the US. Army Corps of Engineers.
Officially opened in February of 2001, the newly renovated Royal Palm Pointe promises to provide the City of
Vero Beach with a new source of property value appreciation and stability while offering the community a new
source of pride and utility,
Crowning the Pointe-once a dead end to a street that went nowhere-is a three-acre urban waterfront park
including public art, a participatory fountain, park pavilion, multi-level plaza, bulkhead, and pier. The fountain,
designed by an internationally known artist, is now a popular destination for residents and tourists, and has
helped rejuvenate the peninsula.
Awards:
Engineering Excellence Award, Florida Institute of Consulting Engineers
American Sodety of Landscape Architects, Florida Chapter, Award of Honor
Client name, address, phone, fax, e-mail:
Monte Falls
Director of Public Works & Engineering
City of Vero Beach
1053 20th Place
Vero Beach, Florida 32961 -1 389
Fax: (772) 978-4879
mfalls@covb.org
Performance period: 1 1 months
Total amount of contract: Actual construction cost: $4.85 million; engineer‘s fees $500,000
(772) 978-5151
CARLOS AWES
2-1 3
Eastland Community Transit Center (CTC), Charlotte, NC
I * I h
a
The first in a series of transit
centers planned by the Charlotte
Area Transit System, the Eastland
Community Transit Center (CTC)
was designed to improve access to
public transit, spur economic growth,
and reflect the community’s roots
and character through public art.
The firm’s services included prqect
management, landscape architecture,
site civil engineering, roadway design,
community outreach, and coordination
with subconsultants, including a public
artist. The 1.3-acre facility includes
transit shelters, bus loading areas, and a building, as well as a plaza and pathways featuring a multicolored
pinwheel design embedded in the concrete to reflect the multicultural community the CTC serves.
IP -
Client name, addressl phone, faxl e-mail:
J. David Feltman, AlCP
Manager of Project Development
Charlotte Area Transit System
600 E. Fourth Street
Charlotte, North Carolina 28202
dfeltman @ci.charlotte.nc.us
Performance period December 2006- September 2008 (9 months)
Total amount of contract: Construction $2,800,000
(704) 336-4261
CARLOS AWES
2-1 4
Section 3. General Contractor/En[ineer licenses
9 lo80524958 kl517426
Tho -CTOR M hlor IS cIYTIP1.D
VILA rupuLaJR
8%&'5= TIRIUCE E- FL 33012
CARLOS AWES
3-1
Section 4. Im
1. Pineapple Sculpture, South County Court House, Delray Beach, FL
2. Grotto Bench, Russian and Turkish Baths - Castle Hotel, Miami Beach, FL
3. Veteran's Park Fountain, Delray Beach, FL
4. Veteran's Park Fountain, Delray Beach, FL - Mosaic Detail
5. Miami Metro Rail - Metro Mover 8th Street Station, Miami, FL - Metal Work Sculpture
6. Miami Metro Rail - Metro Mover 8th Street Station, Miami, FL - Detail
7. Miami Beach City Hall, Miami Beach, FL
8. Everglades National Park
9.
10. General Mitchell International Airport Course "C", Milwaukee, WI - Medallion Detail
General Mitchell International Airport Course "c", Milwaukee, WI
CARLOS AWES
4-1
_-
II
r A?-
i
I
I I e
J
fr \
"V 'A
P'
I p
f' P P ".
I
I
e-
L
F
L .';I;..- -
7. Miami Beach City Hall, Miami Beach, FL
I
I
i'
I" --
I-- 1
I
,-
E
c
Section 5. Preliminary Concept Drawings
5-1
CARLOS AWES
3 d
3 c!!
3 c!!
Sect ion 6. Written Proposal
Concepts [or Benches
Since the series of bus shelters are for Palm Beach Gardens, my inspirations lean towards the idea relating to
sitting in a garden. My benches feel organic-forms appearing to be growing out of the earth cast on concrete-
colored pods. Some of the seating areas will incorporate mosaic tile, glass and recycled objects imbedded onto/
into the durable weather-resistant, low-maintenance concrete structures. The bevels will serve a dual purpose of
being functional and aesthetic works of art.
My preliminary sketches are in two components: 1) the bench or seating area and 2) the canopy for shade and
cover from the elements. I envision the canopy to appear to be growing out of the seating structures. These
abstract leaf-type shapes will be created using metal steel or aluminum with either glass panels or metal mesh
welded onto the leaf-style shapes for shade.
Some of the structures will use an arbor idea as well as for natural low-maintenance vines, such as bougainvillea
or other native xeriscape plants of South Florida, adding another layer to the garden theme.
Select benches will be embellished using bead-like ceramic leaves coming off of metal grids. The canopy will be
welded to be lightweight and embellished by proper anchoring (footings) to withstand hurricane conditions.
My design will also account for providing a source of renewal energy to the structure and a multimodal feature.
I will include solar panels to provide power for atmospheric lighting and integrate bike racks to the artistic vision of
the bus shelters.
To build them, we will want to keep the construction process running smoothly and efficiently by working with the
contractor and doing all of the welding with my team at W.R. Custom Metals. This process will feature:
5 cast the pad and concrete benches
5 metal supports will be anchored into concrete
* add color stain, mosaic tile and beading for finish
weld or fasten canopy component to metal supports
If budget allows, we could include a rain-harvesting component to assist in the watering of the plants or vines
used. I have been working closely with Rain-Drop Cisterns in developing rain barrels that are aesthetically
pleasing and functional.
CARLOS AWES
6-1
City of Palm Beach Gardens, Florida
Artistic Bus Shelters
Proposal No. 2009-01 0
Public Art Application Form
Submissions must be received no later than August 31,2009
PLEASE TYPE OR PRINT
Last name: First name: shaoul Date: Of3/2't!m
Contact address (PO Box not acceptable):
Company: 3 Iasq I 1 VIC.
City, State, Zip: &;E- 354m
..
Street : 01 r+ DlXle, HULi
Tel: (5bIk8 5, qOll x 11.3 Email: fjhavlovl @l&l/,1McrLcl .cauvl
Fax: [5br)cj 53 6. 3-2'2, Web: \NWW .vMcIMow .wm
Gallery affiliation (if applicable): N IA- Tel.:
Signature of Applicant
PIoase be wrta in to review the Submission Check List. incomdete amiications are subiect to
rokction.
RFP No. 2009-010
Artistic Bus shdtsn
9
QUESTIONNAIRE
This Questionnaire shall be completed and submitted in envelopdpackage with the
Qualifications.
By submission of this questionnaire, Artist guarantees the truth and accuracy of all statements
and answers herein contained. Attach additional information if necessary.
1.
2.
3.
4.
5.
Has the Artist or its general contractor failed to complete work awarded to
him/her/it/them? If so, where and why?
0
Has the Artist or hislherlits general contractor inspected the proposed site@), and does
the Artist have a complete plan for hislherlits performance? @ or No
List and describe all bankruptcy petitions (Voluntary or Involuntary) which have been
filed by or against the Artist or its general contractor during the past five (5) years.
Include in the description the disposition of each such petition.
List and describe all Performance or Payment Bond claims made against the Artist‘s or
its general contractor’s surety(ies) during the last five (5) years.
List all claims, arbitrations, administrative hearings, and lawsuits brought by or against
the Artist or Its general contractor during the last five (5) years. The list shall include all
case names: case, arbition, or hearing Identification numbers; the name of the project
over which the dispute arose; and a description of the subject matter of the dispute.
RFP No. 2009010
Artistic Bus Shelters
10
6. List and describe all criminal proceedings or hearings concerning business-related
offenses in which the Artist or its general contractor were defendants.
daw,
7. Has the Artist been suspended by any government agency during the last five (5) years?
If yes, provide details.
NO
8. List and disclose any and all business relations with any members of the City Council.
RFP No. 2009-010
Artistic Bus shelters
11
City of Palm Beach Gardens
REQUEST FOR PROPOSALS NO. 2009MO
"CALL TO ARTIST" ARTISTIC BUS SHELTERS
Opening Date: August 31,2009,2:00 PM
Addendum No. 1
Issued July 8,2009
All Proposal documents are to be sealed when submii and be ddhrersd or maikd to:
The City of- Bow41 Gardens cyr clew* oftice
10800 N. Milby Trail
Palm Beach oldem, R 33410
Signature of propoeer bdaw ackrowtedges receipt ofthi8 Addendum. This dowment is to be attached to
your submittal package 80 directed in the RFP
Clty of Palm Beach Gardens
REQUEST FOR PROPOSALS NO. 2009-010
“CALL TO mnsF msnc Bus SHELTERS
Opening Date: August 31,2009,2:00 PM
Addondurn No. 2
Issued July 17,2009
f. Quertlon: For clarification re: the budget, since the language is a bit cudwing -the two
&acted Mthtr will each be pdd a S40,OOO ‘artkt fee’ plus each artkt will have $180,000 to
fabricsts and install 4 bua shdtm-80 oath vtkb contractwill beforS22O,OOO7 I8 this
cormct, cnd ifaocan wc) add this languqp aa part d your cover letter I dirtribute?
An+mcTh.wkctsd cwtksbwill not hmmn sctualcontractfor$22o,o0o it will be phased
throughout the process but yer, $4O,OOO for each final artist and a taQi d $180,OOO for four
bu shdtem (S46,OOO each).
Signatured propoeer bedow adt-~ receipt dthb Addendum. This dowment is to be attached in
front d your submittal package.
. e City of Palm Beach Gam
"CALL TO ARTIST" mnsnc BUS SHELTERS
REQUEST FOR PROPOSALS NO. 2009410
Opening Date: August 31 , 2009,2:00 PM
Addondurn No. 3
Issued August 12,2009
The following answam are aRidal responses to queustkm rscentry submitted to the Ci of Palm Beach
Gardens:
Anrwu: It is passible. The 'Can to attist' is for one artist to design and build four (4) separate
bus shdtm with a common theme either along PGA Bhrd. or Military Trail working with an
engin-mlfkm.
1)P:tge
3. Questh: I'm just writing to get clarifimtion on the bus shelter dimensions. It says (7) feet is
the minimum requirements of 10'1 x 4W x 10"". Does this mean the structure has to fit
within a 10'1 x 4W x 10" box, or that the structure has to be at least 1O'L x 4'W x 10" and
can be larger?
Answw: Per Palm Tran standards, the minimum dimensions per are 10'L x 4W x 6'8" H. The
mwimum height of a shelter is 10 feet. Thenfore, it does have to fit within the l0'Lx 4'Wx
10" area.
4. Qumtion: I am a public artist from out of state..Am 1 required to have a contractor/engineer
b88ed in Florida aksady on board during the ink1 submittal PIUCOSS?
City of Pah Beach Gardens
REQUEST FOR PROPOSALS NO. 2o09010
Opening Dab: August 31,2009,2:00 PM
“CALL TO ARTIST” msnc BUS SHELTERS
Addendum No. 4
Issueid August 13,2009
Tha folkwing answers am offidsl mporwee to qusstkns recently submitted to the City of Palm Beach
Gardens:
1 .Q-: Section (2) C in RFP for the Artistic Brw Shehem mqwmts that one “Include
a lid d d Wthm m] pmjocts oach with omphad8 on rimii proiects” forthe General Controcbr, Fabricetor and Engineer.
Specii in Ute case dthe General Conhcbxwrd the Engineer do these past pra$ces need to be pubkart proiectsoranytypeofprojactswith dmhrcorwtnrction and
ewineerin(lmuinWnents’)
Ar#uwr: Public Art pmjects would be prsfi6nsd; however, any projects of similar nature
are fine.
2. Quostion: The language in your RFP is unclear astowhothe conttectwill be signed
with. Since thii is a design-build project, our under8tanding is that our conbactor will sign
with the City as it is the contractor who will have legal reaponsibi9tyfor negligence and
other lagal kruc# os they pertain tobuilding a 8hctumthettho public wil use. So, can
Fram our atandpoht, if an aftist ha8 b sign a antract with the City to buii these
structures, than them will k veryfsvv atM8 who have thow kin& d qualifications.
Anatherway to look at thb is if one ofthem strudursa wld cdtapse and hurt a
pd&rian tfcontract is signed with artist, timy would be help legally responsible. To
me, it maker more wnm tocodmtorwith a contredorwho b licmsed, bonded, and
insured.
Thk is a vory knporbnt qudon and isrue os womay hour artiet if the answer to this
question is no.
We noad a quick nsrponse to thb question.
Anmer: The’ArOd* will execute the contract agreement documents with the City of
Palm Beedr Gardens
our ConfractOT aign the contract wlth the city?
Signaturn of pmpowr bdw acknowledges receipt d thb Addendum. Thi dowment is to be attached in
front of your submittal
0% / 09
Date
Artists Current Proiects
Team McMow does not have any current projects at this time. However, Team McMow
has applied to the Call to Artists for the Brevard Children's Medical Hospital as well as
the Palm Beach Sheriff's Office West County Courthouse Sub-station.
Artists Past Proiects
“Glades Legacy of Life”
Elayna Toby Singer, Administrator
Palm Beach County Art in Public Places
2633 Vista Parkway
West Palm Beach, FL 3341 1
Telephone: (56 1)233-023 5
Fax: (561)233-0206
esin~,er(~nbcgov.com
We were contracted to mosaic 4 columns (all 4 sides of columns), 3 custom designed concrete freestanding
benches with mosaic design, and a “bench garden” that included custom designed concrete seating with mosaic
design, mosaic stepping stones, concrete pavers and landscaping at the West County Courthouse in Belle Glade,
Florida.
April 2005- May 2006
$40,000
“The Excursion”
Liz Young, Executive Director
Monroe County Art in Public Places
1 100 Simonton Street, Suite 2-263
Key West, FL 33040
Telephone: (305)295-4369
Fax: (305)295-4372
infocdkeysarts.com
We were contracted to dimensionally etch 144 square feet of the TSA Security walls in the Key West
International Airport.
March 2009
$2 1,000
Bak Middle School of the Arts
Tony Kalokerinos, Assistant Principal
1725 Echo Lake Drive
West Palm Beach, FL 33407
Telephone: (56 1)882-3870
Fax: (561)882-3879
kalokeri(dna1mbeach.k 12.fl.u~
Every year for the graduating 8* graders, we mosaic a table top in their courtyard. Each year we feature a
different design that includes each graduating students name and corresponding department of study.
1999- Present
$3,000
Team McMow Image ID Sheet
"Glade Legacy of Life"
Palm Beach County Art in Public Places- West County Courthouse
Glass Mosaic on concrete columns, glass mosaic
on casted concrete benches, poured concrete glass
mosaic stepping stones, concrete patio, landscaping
$40,000
I
Image #I 2006
' 'iF
*= I
Image #3
Image #5
"Glade Legacy of Life" detail
Palm Beach County Art in Public Places- West County Courthouse
glass mosaic on concrete columns, casted concrete benches
with glass mosaic
2006
$40,000
"Getting Antsy"
West Palm Beach Downtown Development Bench Project
glass mosaic on wooden bench
2005
$500
"The Excursion
Monroe County Art in Public Places
Key West International Airport
dimensionally etched glass
2009
$21,000
"The Excursion" detail
Monroe County Art in Public Places
Key West International Airport
dimensionally etched glass
2009
$2 1,000
Image #6 I
Team McMow lmane ID Sheet
"Holy Spirit" r--
Image #8 r
Image #I9
Image #10
Good Shepherd Church
Leaded and handpainted glass
80" x 240"
2007
$45,000
Bak MSOA 2005
glass tile and hand painted glass mosaic table top
2005
$3,000
6ak MSOA 2008
glass tile and hand painted mosaic table top
2008
$3,000
Atlantic City Bus Shelter
aluminum roof, aluminum legs, tempered glas,
metal bench, hanging trashcan
1998
$8,000
Queens Street Station Bus Shelter
aluminum roof, aluminum legs, tempered glas,
metal bench, hanging trashcan
2005
$84,374 (total project budget)
I
7 -
1
P
1
'I
.; .p 1
f Ij
-
--
“q
4-
I
i [- 1
1
_R A
1 A . -" i t I
1 LL A W
I
'I L I e J
:1
1
c
.
" mLDfR0 m 102920 OmRSuB RUT rn LARa IL 33037
MARLIN HOLDING, INC E BUILDING
Holding, Inc) Client Names: Joseph Silvestri, Jeanette
Description: Construction of ne
trim work thou
four offices, a conference room, rec area and storage room.
Timeframe: From site work
Job Cost: $625,000 USD
Contact Information: Marlin Holding, Inc
102920 Overseas High
Key Largo, FL 33037
102920 Overseas Highway, Key Largd, L 33037
Phone: 305-453-4644 Fax: 305-45 260 p"
FISHERMAN’S COVE RESORT
and
THE BIG CHILL RESTA
Client Names: Ben Fillichio & Bill Theis (Fishermanis Cove LLC)
Description: Demolition of existing structure its shell and the rebuild of
with common areas
the second and third
six fractional ownership
totaling approximately
square foot in-door
building is located
floor. The first floor a 12,000
Highway Key Largo, FL 33037.
to the public in March of 2008.
Timeframe: The demolition
Job Cost: $6,500,000 USD
Contact Information: Fisherman’s Cove Resort
104400 Overseas Highwa
Key Largo, FL 33037
Office:
Email
I
102920 Overseas Highway, Key Largo,
Phone: 305-453-4644 Fax: 305-453
I-
''8; ,:
- " Insurea
LUTHER RESIDENCE
Client Names: Robert Luther, Mary Luther
~
Description: Construction of a 1,476 square foot
Two bedrooms, two bath and 2,500
floor CBS home on stilts.
feet of paver driveway.
Timeframe: November 4,2008 - April 29,2009
~
Job Cost: $472,962 USD
Contact Information: Robert Luther
116 South Layton Drive
Long Key, FL 33001
Home: 305-664-9263
Cell: 561-346-8498
Email:
- I
Phone: 305-453-4644 Fax: 305-453
102920 Overseas Highway, Key Largo,
TRUMAN RESIDENCE
Client Names: Barry Trueman
Description: Construction of a 1,596 square foot sin le floor CBS home on stilts.
Three bedrooms, two bath.
Timeframe: November 13,2007 -June 20,2008
~
Job Cost: $329,000 USD I
Contact Information: Barry & Martha Trueman
1522 Aqueduct Lane
Key Largo, FL 33037
Home: (803) 985-3308
Cell: 1 -803-493-3307
Email:
I
102920 Overseas Highway, Key Largo, :!?I., 33037
Phone: 305-453-4644 Fax: 305-453-4260
PS-038310-R
# 34307
# 6649
Re 076767
I 2'1358
# 24.302
# 062-053767
# 14281
mrt& Caro23sa PE424853
South Carolfare # 29920
touisiarrrr
# 033864
# 026603
# 21546
f 608BjlPS
;Y 35962 ber8o Xico X 17975
ECI Construction
David Noss
124 West Church Street
Dillsburg, PA 170 19
Telephone: (71 7)638-3000
Fax: (717)638-3002
Queen Street Station Bus Shelters, Lancaster, PA
June 2005
$84,3 74 .OO
In Plaza Advertising, Inc.
Dave Curry
79 Boxwood Road
Churchville, PA 18966
Telephone: (2 15)806-2974
Wildwood Tram Shelters, Wildwood, NJ
February 2009
$52,173.00
Clear Channel Outdoor, Inc.
Jim Seeger
9130 State Road
Philadelphia, PA 19 13 6
Telephone: (2 15)827- 1 100
Fax: (215)827-0298
New Design “V” Bus Shelters $103,280.00
New Roofs “V” Bus Shelters $38,000.00
December 2008- November 2009
EXPERIENCE
1985- Present
1994- Present
EDUCATION
Y Richard L. Materio
1101 Riverside Drive
Mays Landing, NJ 0833
(609)625-3502
PEPCO MANUFACTURING CO:
Somerdale, NJ
Sales & Estimating
FIORE SKYLIGHTS, INC.
Sommerdale, NJ
President & Sales
ATLANTIC COMMUNITY COL
Associates Degree
Major: Business
PHILCO FORD TECHNICAL IN
Associates Degree
Major: Computer Programming
?ANY, INC.
IGE
'ITUTE
SHANON L. MATEEUO
339 Alhambra Place West Palm Beach, Florida 33405 (5$1)586-5666 shanon@mcmow.com
EDUCATION
1974-76
1977-79
Marymount Women’s College
Boca Raton, Florida
Florida Atlantic University
Boca Raton, Florida
EMPLOYMENT
1978- Present
1995- Present
1996-Present
2004- Present
2004- Present
Associates of Arts Degree
Fine Arts Major
McMow Art Glass, Inc. Lake W Lth, Florida
Complete custom art glass studio
liturgical commissions; retail ins
Creative Etchings, Inc. Lake Wo h, Florida
Custom on-site glass etching oper tion
Art Glass Educational Services, nc. Lake Worth, Florida
Products and Services designed to romote and educate the art glass
M.A.G. Designs, LLC. Lake Wo h, Florida
Subsidiary of McMow Art Glass, i c. which licenses the use of
President and CEO
President
President
industry
President
r residential, commercial and
ction and supplies
copyrightdesigns for use in other d
Topline Industries, LLC. Tampa,
Co-owner
Importer of decorative doors and IC
LEADERSHIPKOMMUNITY INVOLVEMENT
0 Board Member City of West Palm Beach- AIPP Commitl
0 Liaison to West Palm Beach City Art in Public Places for
0 Youth Empowerment Program liaison for Lake Worth C.
0 Lake Worth C.R.A. board member, 2006-2010
e S.E.N.A. Board Member, 2004- 2008
e President of South End Neighborhood Association, 2005.
0 South Olive Elementary PTO President, 1990-1995
COMMISIONS
St. Peter Catholic Church
Palm Beach Atlantic University
Gianni Versace Estate “Casa Casarina”
Church of the Epiphany
Dreyfoos High School of the Arts
Bak Middle School of the Arts
Palm Beach County A.I.P.P., West County Court House
Monroe County AIPP, Key West International Airport
lrkets
lorida
led glass for distribution nationally
: 2007-present
.E.N.A. Art Grant, Present
A., Present
1006
Jupiter, Florida
West Palm Beach, Florida
South Beach, Miami, Florida
Port Orange, Florida
West Palm Beach, Florida
West Palm Beach, Florida
Belle Glade, Florida
Key West, Florida
EXPERIENCE
April 2007- Present
July 2004- April 2007
May 2002- May 2004
EDUCATION
1998-2002
SKILLS
EXHIBITIONS
PUBLIC ART
Tricia Besley
Artist
1702 N K Street
954.649.1574
Lake Worth, FL 334
MCMOW ART GLASS, Lake
0 Over see all in-house
Project Manager
MCMOW ART GLASS, Lake
custom stained glass entry
Artist/ Draftsman
and mosaics to their full size
Work with small scale
owner on full size
Assist in the
0 Assist in retail store
sales representatives and
LIGHT IMAGES GLASS, Richmo d, VA
0 Responsible for production of sta’ned glass mirrors, window panels and
0 Assist with retail order administr I ion and fulfillment for nation and
Stained Glass Artist
fireplace screens for award-winni g studio
international clientele
assist in merchandising, order urement and market trend research
Attend industry trade shows, the Philadelphia Buyer’s Market, to
VIRGINIA COMMONWEALTH Richmond, VA
Major: Art History, Minor:
Honors: Alpha Phi Omega
Bachelor of Fine Arts
Drawing, Kiln working, Stained
Printmaking, Windows 2000
Sandblasting, Mosaic, Painting,
Photoshop, Microsoft Excel
Sunrise Civic Center Gallery, VCU ookstore, Catacombs Coffee House, Va.
Beach School Administration Build Student Gallery, Bank of Norfolk
West Palm Beach Downtown
West County
Key West International “The Excursion”
Bench Project
“Glades Legacy of Life”
Team McMow- Written Probosal
The images in the proposal are a representation of our so
McMow has merged a group of successful talent to
protection from the elements and aesthetic visual
Florida life style. Team
four bus shelters that offer
both the road side passerby
and the weary transit traveler.
Our bus shelters will be manufactured by Fiore Sky
been creating and installing bus shelters for cities in
Working with Fiore’s engineer and designers, team
uses leaded stained glass inserted between two
(polycarbonate) insulated for protection fiom
, of Somerdale N.J. Fiore has
rth east for over 30 years.
has developed a concept that
is done much the same
of safety glass
way advertising posters are used currently for shelters.
The shelters have a standing rib tin roof, powder coated cean blue turquoise. The
vertical and horizontal metal structural supports (meeting 11 building code and ADA
requirements) would be powder coated white for a fresh c ean look. The finish will have
a special coating for graffiti protection. ’i
The leaded glass inner panels will be built the same
centuries. Team McMow uses a construction system
that “weaves” the pieces of lead for superior
concepts for the shelters. In Concept 1 , each
theme yet vary in subject matter. Each one
/animal life that is indigenous to South
palms, butterflies, birds, grassy plants,
vary depending on the theme but each
into and out of the shelter. In concept
with an abstracted background that
feature cathedral glass that varies
waiting traveler will feel secure
glass has been for
European craftsman
two different
The benches we propose will be made of recycled materi 1s. We are researching new
materials available leaning towards a “weathered” appear nce. The bench will be fitted
with a center device to discourage lounging. The trash rec ptacle will be attached to the
st-ructure of the shelter as is typical of most modem shelte s. We are still researching
options for other trash receptacles either stone like or mad i of a natural material.
The stained glass artist for Team McMow consists of Phi ’p and Shanon Materio, Tricia
Besley and Marilyn Ford. All are Palm Beach county resi ents and Marilyn Ford lives in
Palm Beach Gardens. The shelters will be manufactured a d installed by Richard
Materio, owner of Fiore Sky Lights. The in house enginee is Leon Skvirsky, both of
New Jersey. We will be using, Jeanette Silvestri as our lic nsed Florida contractor.
Jeanette has been a builder in the Florida Keys for 13 year i .
PROCESS
After a field inspection by all of the members of the tea
be created and engineered for proper code compliance,
required by Palm Beach Gardens and the state of Flori
small scale for the artists to create a scaled version of
colored rendering and a technical drawing will then b
for approval and critiquing. Along with this will be a full set of material samples and
color samples as well.
Drawings of the shelters will
uding humcane standards
ges on each shelter. A
rawings will be submitted in
d to the AIPP committee
Once the final drawings are accepted by the committee e manufacturing will begin.
The stained glass panels will be created here in our in Lake Worth and sent to New
Jersey for insulating. The pieces and the shelters be truck freighted to our studio
and partially pre assembled. The installers from McMow along with the
contractor will then be on site at the installations.
The time line for our installation will be 10-14 weeks fro the final approval of the
drawings by the committee. m
I
I..
1
1
'.
\'
\
\f 7
1
2.A Artist's Past Projects up-
2625 Rmdh Lane
Palm Beach C.rd.n. PL
Pinellas Suncoast (PSTA) Transit Shelter "Gimme Shelter"
5858 Central Blvd. St. Petersburg. FL 33707-1728
MUitFuller The Sembler Company
Description of Services Provided: Design, abricate, and install a solar-powered bus shelter. Coordinate all aspects of design, mo eling, rototype development,
Amber Overby 727.384.6000 Voice 727.343.4272 Fax ambetoverby @sembler.com
agencies. fabrication management, permitting, and installati n wit E five various governmental
Performance Period: 120 days; 28 Dec 28 Apr 08 Total Amount of Contract: $52.520. ! 0
33uo
581.701.468(1
mtlLlsr@urtMnk.net
Naples Parking Garage "Cambier k Quilt " " The Cit of Naples, Florida 735 Eig&h Street South Naples, FL 34102-3796
Lee Willer-Spector. MPA 239.213.1030 Voice 239.213.1033 Fax
R
Pinellas Trail Community Identification Markers
Pinellas County Arts Councils 13805 58th Street N., Suite 2450 Clearwater, FL 33760-3733
Mark Flickin er, Ph.D. Director, Pu&c Art and Design 727.453.7869 Voice 727.453.7855 Fax
"Track 2; #S 1 - 9"
Total Amount of Contract:
Artist's Current Projects
Northwest Corner Public Art "CVS Arcs" Village of Royal Palm Beach
1050 Royal Palm Beach Blvd. Royal Palm Beach, FL
David Farber Villa e Mana er
561.%1.5103 voice 561.791.7087 Fax Email: kdrahos@royal almbeach.com
art sculpture consistin of five vertical eleme ts. PerformancePeriod: 8Oda s 21Ma -prese t k Description o P Services Provided: L sign, fabricate, and install public
Percent Complete: I&)% fabication; a aiting completion of site
improvements being provided b the lient Total Amount of Contract: $58,000. 0
Muk Fulkr
2625 Rmlh hne
Palm Beach Cudens. PL
334lo
581.701.4688
mtfuQerBeutMnk.net
BURKHARDT 2.C General Contractor’s Past Projects DNSTRUCTION, INC.
Holl ood Beach Boardwalk &
City of Hollywood Department of Design and Construction Planning P.O. Box 229045 Holl ood, FL 33022 Mr. gndra Patel. Director
954.921.3900 Phone
954.921.3462 Fax Email: jpatel@ hollywoodfl.org
Sur Y Road Utility Improvements
Descri tion of Services Provided: relocation an s /or conversion of overhead utilities to underground distribution, replacement of water and sewer lines, streetscape/hardscape construction, broadwalk reconstruction, lighting, sidewalk paving, buildings, landscaping, signage, plazas and fountain features. Performance Period: Start Date: 2004 Total Amount of Contract: $19,112,363.00
Marina Square Plaza Cit of Fort Pierce 108North U.S. Hwy. #1 Fort Pierce, Florida 33454 Mr. Jack Andrews, P.E., City Engineer 772.460-2200 Voice
Email: jandrews@ftpierceeng.com 772.460-6847 Fax
Description of Services Provided: Full design, cost estimate and construction services for a water front plaza and interactive fountain with quarried keystone seat walls, paver brick plaza, royal palm tree grove, decorative lighting, tree rates, planter pots, benches and trash receptacles. Completed ahead of schedu B e and on budget. Performance Period: Aug 2001 - May 2004 Total Amount of Contract: $1,362,615.00
The Waterfront Pro‘ect
13805 58th Street N., Suite 2450 Clearwater, FL 33760-3733
Mr. Lee Collum Former City Engineer, City of West Palm Beach Ms. Laura Le Senior Project Engineer, City of West Palm Beach 401 Clematis Street West Palm Beach, FL 33401
561.494.1093 Voice 561. 494.1116 Fax Email: lle@wpb.org
The Waterfront Projects actually consisted of three separate projects, each with a different set of design architect/en ineers. These projects were the cornerstone
Avenue Streetscape (which is similar to Clematis treet) the Town Square with a fountain and the Am hitheatre. The fountain at Town Square is a rade level,
construction and made the decision to award all t ree projects to Burkhardt Construction, Inc. under a single contract. This project incorporated a high- level streetscape desi n as well as building construction elements. A new
concrete and sand set pavers were used extensively. The Waterfront Projects were completed ahead of schedule and under budget.
City of West Palm d each
Description of Services Provided:
of West Palm Beachis Centennial Ce B ebration. The roject consisted of Narcissus
computer controlled, ckancin laminar, water flow fountain. It is the 7 argest of
its kind in the southeastern rB nited States. The Cit allowed only six months for
entrance to the main k ibrary was included in the work. Cast stone, colored
h
Performance Period: May 94 - Nov 94 Total Amount of Contract: $4,271,763.00
& 2.C Fabricator’s Past Projects
Pinellas Suncoast (PSTA) Transit Shelter
Park Street Center 4800 Park Street North at 49th Street
Mark PuPer Gimme Shelter
2625 RmD. L.ne
Palm Beach Cudena. FL
mtfidlm@Mhllnk.net Client: MTFuller Functional Arts
33410 Seminole, FL 33709
561.707.4688
(mailing)2625 Ravella Lane
Palm Beach Gardens, FL 33410
(studio) 1335 Old Dixie Hwy. #12 Lake Park, FL 33403 Mark Fuller 561.707.4688 Voice No Fax mtfuller@earthlink.net
Structural metal work fabrications and surfaces finishing for a unique bus shelter. Processes included data programming, CNC machining, Amada punch-press perforations, laser-cutting and waterjet cutting of aluminum plate and olycarbonate composite materials, welding, grinding, sourcing of mechanical
Fasteners. and various com onent assembly.
Description of Services Provided:
Pedomance Ped08 90 days: 15 Jan - 15 Apr 08 Total Amount of Contract: $32.500.00
Paloma 12496 Aviles Circle Palm Beach Gardens, FL 33418 MA Homes John Sellinger 4343 Anchor Plaza Parkway Tampa FL. 33634
813.927.5643 Mobile 813.290.7900 Ofice
Complete fabrication and installation services for Gateway Features, Trellis Paddles, Gates, Fountain Features & decorative metal fencin .
Description of Services Provided:
Performance Period: March 2007 Throu h kly 2008 Total Amount of Contract: !§ 1,100,000.0 8
Surface Damage Control Trainer US Naval Station, Pearl Harbor, HA T.J. Inc 24612 E. Colonial Drive Christmas FL. 32709-9700 James Wedd 4 07.5 68 .1112 Voice
Description of Services Provided: Complete fabrication of two-story military training module of damage control simulator to emulate numerous complex naval vessel flooding situations. Processes included data programming, CNC machining, waterjet cutting of oversize heavy aluminum plate, welding, mechanical component assembly, valve and iping component assembly. erformance Period: Feb 2009 Throu h July f 009 grindin$ f Total Amount of Contract: $440,201.4
I
ALBERT A. GARGIULO. PE. 2.C Engineer's Past Projects CONSULTING ENGINEER
Palm Tran Bus Shelters Client: Stephen L. Buruff, A.I.A. Architects & Planners, Inc.
Mark Fuller
2625 Ravella lane
Palm Beach Gde~. FL 901 Northpoint Parkwa #lo1
mtfuller@e.nhlnIt.net 561.471.8539 Fax
33410 West Palm Beach, F1.3$407
561.7W.4688 561.471.8520 Phone
email: info@sbaarch.com
Provided structural calculations and pre ared mark-ups. Architect provided document Description of all semkes provided:
%edomance Perid Febru -March 2008 Total Amount of Contract: %,600.00
draftin services. Review of structural s g op drawings
First National City Center (Presentl known as Seacoast Bank) PGA Blvd: (at Gardens Mall) Palm Beach Gardens, FL 33410 Client: Alan Strassler Architects, Inc. 8895 North Military Trail, Suite 201-D Palm Beach Gardens, F133410 561.627.0336 Phone 561.624.0720 Fax e-md: astrassler@aol.com Description of Services Provided: Structural consulting services for a 68,000 s.f. three story- office buildin including structural design, reparation of structural construction plans and spec iff cations. Review of structural shop CP rawings. Pedmance Period: October 2003 through January 2004. Totalhount of Contract: $23.800.00
Pinellas Suncoast (PSTA) Transit Shelter Gimme Shelter Park Street Center 4800 Park Street North at 49th Street Seminole, FL 33709
Client: MTFuller Functional Arts (mailing)2625 Ravella Lane Palm Beach Gardens, FL 33410
(studio) 1335 Old Dixie Hwy. #12 Lake Park, FL 33403 Mark Fuller 561.707.4688 Voice No Fax mtfuller@earthlink.net Description of Services Provided: Structural consulting and calculations for a unique bus shelter. Preparation of structural construction fabrication and foundation specifications rovided by client per my direction. Performance Period: &ov 07 Total Amount of Contract: $1,500.00
BURKHARDT 3 General Contractor's License CONSTRUCTION, INC.
#CGCOO3711
ALBERT A. GARGIULO. P.E. f!!! CONSULTING ENGINEER 3 Engineer's License
i.
I8 statutes
P.EUc.IYo:
32682
Muk Fuller
2625 R.vdL Lm
Palm Beach Cdona. pt
33410
sBl.707.4688
mtfullerQV~nk.nat
4
1
2
3
7
8
Image Identification Sheet
Flock 2003 Patinaed cop er coated aluminum, stainless steel, UHMW - 40 units Dimensions: %"L x 30"W x 36" to 96"H
Mercer Island, Seattle, WA
Eternal Flame / Teardro World Trade Center -9/lfMemorial 2002 Mirror finished stainless steel, second surface engraved hybrid polycarbonate
Dimensions: 54"W x 54"D x 96"H City of Hoboken, NJ
Cambier's Quilt & Benches (close) 2009 Aluminum, AR 01 carbonate, dichroic coating, stainless steel Dimensions: 14f"dx 162"L x 42"D City of Naples, FL
Cambier s Quilt (distant) Aluminum, AR 01 carbonate, dichroic coating, stainless steel Dimensions: 14Hdx 162"L x 42"D City of Naples, FL
Four Benches 2006 Aluminum, stainless steel, wood, cast aluminum, acrylic polyurethane
Palm Beach Gardens, FL 5'W x 18'" - 24'" x 24"D
Track 2; I - 9 (Composite, all units) 2004 Aluminum, acrylic polyurethane finish 14'L x 2'W x 15 H each (9 total) Throughout Pinellas County, FL
Track 2; 1 - 9 (Single unit detail)
2004 Aluminum, acrylic polyurethane finish 14'L x 2'W x 15 H each (9 total) Throughout Pinellas County, FL
BuoyBoards 2003 Dimensions: 72"H x 36"L x 24"D Painted steel (by client request), polycarbonate, stainless steel - 14 Individual units South Street Seaport Museum, New York. NY
9 Gimme Shelter 2008 Aluminum, acrylic. p?#arbonate composite, dichroic film Dimensions: 12 L x 12 Seminole, FL x 10.5"
IO Gimme Shelter (illuminated) 2008 Aluminum, acrylic. pol carbonate composite, dichroic film Dimensions: 12 L x 12d x 10.5" Seminole, FL
A L
r-'
, S' -.p-< f 4
..
I
I
i
'B
I _I , rl
I' -.
-7 t
A 1
w
1
p 4' "1
y--S
E- r"- .a- -
P, ,p
f
c sa?&!&
ry t‘ A
LA
I 7 c
r
--
1
r”i & 6 Proposal
Relativity
The conceptual drawings and ima es I have presented are relative to one another in the realms of attention to detaif functional design, creativity, appro riate uses of materials and finishes, and quality of fabrication and execution. W&e I strive to adhere to an elevated design aesthetic, it is often necessary that I also incorporate user or client-defined criteria that can conflict with a strict design aesthetic.
ease of maintenance, and various
proposed designs. These designs are the results of project research and thought ul consideration of the shelter tenanthser.
Mark Puller
2625 Ravella Lana
Palm Beach Cardens. FL
33410
561.707.4688
mtfuUer@dnk.net Accommodatin optimal protection from the elements, logic hardware placement r 3 I have considered in m
My research indicates the following items of note:
-In inclimate weather, the typical PalmTran bus shelter design will expose
-In hot weather the same design blocks a welcome breeze 75% of the time. On sunny days, it provides nominal shade due to short roof overhangs.
a tenant to directional rain more than 25% of the time.
-Given the choice, strangers prefer not to sit directly next to one another.
My design scheme provides more protection from the rain, more shade, and allows more breeze to enter the structure in an wind direction. It will offer a tenant a safe refuge from the elements 100% oft h e time.
Relationship to the Roadway
Located arallel to the roadways, my shelter architecture has a park-like / garden
are intended to visual1 provide the cooling sensation of cast shadows, ad itional dappled shade, and a Kint of enclosed privacy to the user. For safety, visibility both into and out of the shelter is not compromised by the imagery.
a gazebo P eeling. From within the structure, the lacey designs of the cutout anels
For the viewer in moving traffic on the roadwa s, the cut-through imagery on the
vertical wall panels appears visually layered: t E e closest one passing over the farther, and will present the viewer with an enhanced optical sense of imagery depth & perspective.
Meeting Goals
The familiar imagery and medium chromatic color palettes of these functional public amenities are original and specific to the environment of Palm Beach Gardens. These shelters employ innovative space planning to comfortably accommodate tenant, provide inconspicuous environmentally-friendly solar
lighting, and satisfies the project goals and guidelines with strong public appeal without controversial subject matter.
These transit shelters are clearly a family; a series sharing a common framework of design - yet distincly different through imagery, perceptive impact, and color
pallette.
Background & Support Information
I have been established in Palm Beach County, Florida since 1986 as an environmental graphic and industrial designer, and m work has been primarily oriented towards creating visual identit elements that elp to establish a stron sense of place. For six years prior to iving in Florida, I was the Senior Project esi ner for the world-renowned design firm of Lance Wyman, Ltd., in New York, Nt. I continue to enjoy an on-going professional association with the firm.
Mark Fuller
Palm Beach Gardens. FL
33410
2625 Rndb lane
fj 4I Y 561.707.4688
tntfulIw@earthUnk.net
My design experience includes a transit shelter on the Pinellas Suncoast Transit Authority route in Seminole, Florida. I have extensive experience in the design of human-use elements with urban wayfinding, si nage and identity systems (Newark International Airport, Terminal B; Detroit,MI; ? renton, NJ; Calgay, Alberta,CA; American Museum of Natural Histov, NYNY), street and habitat furniture, traffic
& edestrian control bollards, li hting fixtures, tree grates, and a wide variety of
I have been participating in the public art forum as a creator of site-specific exterior sculptural installations on a national level since 1992 for a wide variet of both private and public sector projects. My installations can be found in all &ur corners of the country.
ot R er three-dimensional built o % jects.
While the style of my work is not characterized by specific thematic devices, it
is highl stylized by m research into the unique function, architecture, environmental
As a result, the visual characteristics propriate sensitivity for the roject
that link the art solidly to it's environment. M pro'ects have been referenced by a spokesperson for the National Endowment 24 or T e Arts as "a good example of what public art can be" and is often referenced in the arts education sector.
Recent works have explored the use of cuttin -edge hybrid materials and finish coatings, and have employed solar-generatefelectric power, LED's, and the recycling of various glass waste materials as a dynamic luminary media.
and c J tural aspects t x at of my installations flex and change at hand. They are site-specific; with symbolic or abstract re P erence
As a hands-on artist, I spend most of my post-design time directly in the fabrication
allow me to
immediate access to industrial P asers, water-jet cutting, computerized machining, robotic welding, robotic brakes, punch presses, and powdercoating. The benchmarks for quality that have been established over time through this long relationship have been an essential component in the success of my work.
The immediate accessibility to my production facilit enhances my ability to
shop. Experience, familiarity and immediate h-tech fabrication methods and finishing technolog
roduction methods to accommo zy ate fly twenty-one year relationshi with my
streamline the creative process from concept to rea r ity.
I enjoy a spotless career reputation for being proficient and easy to work with, adhering to high standards of professionalism, attention to detail, quality, and execution. Being located in the immediate area with my entire team of production professionals, my ability to effectively complete this project to your satisfaction
is without question.
Mark Fuller
2625 Rnal* Lane
Palm Beach Gardens. FL
33410
581.707.4888
rntfuller@euthllnk.net
Process Procedures or “How I’ll Take Us From Here to There”
I am well-seasoned as a designer and ‘hands-on’ producer of lar e, complex dimensional elements. My projects have always been complete cf on-time and on
budget. Though each project arrives with its own unique issues, the logistics of
execution are somewhat predictable.
An basic outline of the process I would take is as follows::
Although there will typically be only one (1) individual in the city to whom all communications are directed, there will be other parties the city would either wish me to communicate with directl to ex edite matters, or to simply keep informed of the roject status. This coul CrX inclu e various city department personnel, an
makers. This channels of communication will be defined at the start. All communications with the vendor side will be with me directly. -Meet with all designated planning team members to review the overall project, establish a realistic production schedule, define a preferred hierarchy for installation by location, assign a specific design scheme to each location. -Establish precise installation locations with city/PalmTran; survey designated locations, locate
- Define communications protocol.
Art In F ublic Places committee liason, a PalmTran liason, and other key decision-
utilities and obstructions, prepare site-specific
will be an unsealed, engineer-reviewed
package.
re are final en ineering calculations: presentheview with liason (s) as required For Rnal approv8. Prepare Final Design fabrication drawings, documents and specifications: final engineering stamp & seal, submit final engineered drawings for permitting.
hybrid polycarbonates) and materials, begin machine data programming for production, commence shelter component fabrications.
typical development touchstones:
to decision-makers for specifications and
-Revise design scheme($ as deemed necessary by the review committee:
-Place order for any potential delivery-delayed items (solar arrays, controllers,
-Submit periodic fabrication process update report with photos to city at
>frameworks/element formation & cladding
>pre-finish shelter assembly & fit-up
>final surface preparation & finishing
(In-shop inspection tour available to key personnel)
(In-shop inspection tour available to key personnel)
(In-shop inspection tour available to ke personnel)
-Plot and surface-mark footers and sidewalk profile out r ines at each location and review with city for approval. File a M.O.T. plan for sitework as deemed necessary. Commence sitework as required to accommodate the pro‘ected
installation schedule (permitting, inspections, construction, clean-up). Photopphy. -Alert cit for each approach of rojected installation window (2 wee s out) and file a M.O.3 plan for shelter instalition. -Alert city 48 hours prior to definitive shelter installation day. -Installation. Photograph stages.
-Complete installation & clean-up. Photograph. -Review/sign-off final installations, as completed, with city.
1
1
A
1
L.
k
A
i.
t A I B Y 5 a A
I
7 I
L4
X 2
X
I
i
L
r1
- -- -- -
I-
F??-$
-I
N
A A -- II
A
- A
t
I.
c
-I 4
L
L
A r
MUkPukr
hb hM
Rbn Beach Cudens. FL
33410
561.707.4688
mtlWsrOaulhllnk.net
Artist’s Past Projects
Pinellas Suncoast (PSTA) Transit Shelter “Gimme Shelter ” The Sembler Company 5858 Central Blvd. St. Petersburg, FL 33707-1728
Amber Overby 727.384.6000 Voice 727.343.4272 Fax amber.overby @sembler.com
bus shelter. Coordinate all aspects of design, modeling, rototype development, fabrication management. permitting and installation wit! five various governmental
Description of Services Provided: Design, fabricate, and install a solar-powered
- - - agencies. Pedormance Period: Total Amount of Contract: $52.520.00
120 days; 28 Dec - 28 Apr 08
Naples Parking Garage “Cambier’s Quilt ” ’’ The City of Naples, Florida 735 Eighth Street South Naples, FL 34102-3796
Lee Willer-hector. MPA 239.2131030’ Voice 239.213.1033 Fax
Total Amount of Contract: $95,000.00
Pinellas Trail Community Identification Markers
Pinellas County Arts Councils 13805 58th Street N.. Suite 2450 Clearwater, FL 33760-3733
Mark Flickinger, Ph.D. Director, Public Art and Design 727.453.7869 Voice 727.453.7855 Fax Email: mflickin@co.pinellas.fl.us Descriptlon of Services Provided: Design, fabricate, and install nine (9) unique cantilevered community markers along the county long 47 mile Fred Marquis recreation trail. Coordinate all aspects of design, modelin , protot pe development, fabrication management, permitting, and installation with cfent andTocal municipal agencies.
60 days; 03 Jan - 14 Mar 04
Track 2: #s 1 - 9”
Pedormance Period: Total Amount of Contract: $100,000.00
3 Artist’s Current Projects
Northwest Corner Public Art “CVS Arcs ’’ Village of Royal Palm Beach
1050 Royal Palm Beach Blvd. Royal Palm Beach, FL
David Farber Villa e Mana er
561.ib.5103 boice
561.791.7087 Fax
Design, fabricate, and install public vertical elements.
21 May - present fabrication; awaiting completion of site improvements being provided b the client Total Amount of Contract: $58,000.00
2.C General Contractor's Past Projects - Hollvwood Beach Boardwalk &
W Fukr
2825 RmdIm Lane
Palm Beach Gardens. FL
33410
581.'1074688
mtNler8earthlink.net
BURKHARDT
CONSTRUCTION, INC.
Surf Road Utility Improvements City of Hollywood Department of Design and Construction Planning P.O. Box 229045 Holl ood, FL 33022
Mr. gndra Patel, Director
954.921.3900 Phone
954.921.3462 Fax Email: jpatel@ hollywoodfl.org
relocation an $ /or conversion of overhead utilities to underground distribution,
replacement of water and sewer lines, streetscape/hardscape construction, broadwalk reconstruction, lighting, sidewalk paving, buildings, landscaping, signage, plazas and fountain features.
Descri tion of Services Provided:
Performance Period: Start Date: 2004 Total Amount of Contract: $19112,363.00
Marina Square Plaza
Cit of Fort Pierce 1OdNorth U.S. Hwy. #1 Fort Pierce, Florida 33454
Mr. Jack Andrews, P.E., City Engineer
772.460-2200 Voice
Email: jandrews @ftpierceeng.com 772.460-6847 Fax
Description of Services Provided: Full design, cost estimate and construction services for a water front plaza and interactive fountain with quarried keystone seat walls, paver brick plaza, royal palm tree grove, decorative lighting, tree rates, planter pots, benches and trash receptacles. Completed ahead of schedu f e and on budget. Performance Period: Aug 2001 - May 2004 Total Amount of Contract: $1,362,615.00
The Waterfront Pro'ect City of West Palm €!each
13805 58th Street N., Suite 2450 Clearwater. FL 33760-3733
Mr. Lee Collum Former City Engineer, City of West Palm Beach Ms. Laura Le Senior Project Engineer, City of West Palm Beach
401 Clematis Street West Palm Beach, FL 33401
561.494.1093 Voice
561. 494.1116 Fax Email: Ile@wpb.org
The Waterfront Projects actually consisted of three separate projects, each with a different set of design architect/en ineers. These projects were the cornerstone
Avenue Streetscape (which is similar to Clematis ltreet) the Town Square with
a fountain and the Am hitheatre. The fountain at Town Square is a rade level,
construction and made the decision to award all tiree projects to Burkhardt Construction, Inc. under a single contract. This project incorporated a high-
level streetscape desi n as well as building construction elements. A new entrance to the main fbrary was included in the work. Cast stone, colored concrete and sand set pavers were used extensively. The Waterfront Projects were completed ahead of schedule and under budget.
Description of Services Provided:
of West Palm Beachis Centennial Ce B ebration. The roject consisted of Narcissus
computer controlled, 8ancin laminar, water flow fountain. It is the 7 argest of
its kind in the southeastern f nited States. The Cit allowed only six months for
Performance Period: May 94 - Nov 94 Total Amount of Contract: $4,271,763.00
ip" 2.C Fabricator's Past Projects
Pinellas Suncoast (PSTA) Transit Shelter
Muk Fulec Gimme Shelter
2625 RnaD. Lane
p.kn Beach Cudens. FL
m(fu8er@Jauthllnk.net Client: MTFuller Functional Arts
Park Street Center
4800 Park Street North at 49th Street
33410 Seminole, FL 33709
561.7M.4688
(rnailing)2625 Ravella Lane Palm Beach Gardens, FL 33410
(studio) 1335 Old Dixie Hwy. #12 Lake Park, FL 33403 Mark Fuller 561.707.4688 Voice No Fax mtfuller@earthlink.net
Description of Services Provided: Structural metal work fabrications and surfaces finishing for a unique bus shelter. Processes included data programming, CNC machining, Amada punch-press perforations, laser-cutting and waterjet cutting of aluminum plate and olycarbonate composite materials, welding, grinding, sourcing of mechanical Fasteners. and various com onent assembly. Performance Periocf 90 days: 15 Jan - 15 Apr 08 Total Amount of Contract: $32.500.00
Paloma 12496 Aviles Circle Palm Beach Gardens, FL 33418 MA Homes John Sellinger
4343 Anchor Plaza Parkway Tam a FL. 33634 813.827.5643 Mobile 813.290.7900 Ofice
Description of Services Provided:
Performance Period: March 2007 Throu h f~ly 2008
Complete fabrication and installation services for Gateway Features, Trellis Paddles, Gates, Fountain Features & decorative metal fencin .
Total Amount of Contract: $1,100,000.0 8
Surface Damage Control Trainer US Naval Station, Pearl Harbor, HA T.J. Inc 24612 E. Colonial Drive Christmas FL. 32709-9700 James Wedd - 4 07.5 68.111 2 Voice
Description of Services Provided: Complete fabrication of two-story military training module of damage control simulator to emulate numerous complex naval vessel flooding situations. Processes included data programming, CNC machining, watejet cutting of oversize heavy aluminum plate, welding, grindin , mechanical component assembly, valve and iping component assembly. %erformance Period: Feb 2009 Throu h July 8309 Total Amount of Contract: $440,201.4f
ip" i
ALBERT A. GARGIULO. RE. 2.C Engineer's Past Projects CONSULTING EKGINEEH
Palm Tran Bus Shelters Client: Stephen L. Buruff, A.I.A.
Architects & Planners, Inc.
Mark Fulsr
2625 Rndl. Lme
Palm Beach Cudsnr FL 901 Northpoint Parkwa #lo1
mtMsr@dnk.net 561.471.8539 Fax
33410 West Palm Beach, F1.3g407
581.707.4688 561.471.8520 Phone
email: info@sbaarch.com
Provided structural calculations and pre ared mark-ups. Architect provided document Description of all services provided:
!Performance Period: Febru -March 2008 Total Amount of Contract: %,600.00
draftin services. Review of structural s f: op drawings
First National City Center (Present1 known as Seacoast Bank) PGA Blvd: (at Gardens Mall) Palm Beach Gardens, FL 33410 Client: Alan Strassler Architects, Inc. 8895 North Military Trail, Suite 201-D Palm Beach Gardens, F133410
561.627.0336 Phone 561.624.0720 Fax e-mail: astrassler@ aol.com Description of Services Provided:
including structural design, reparation of structural construction plans and specifications.
Performance Period: October 2003 through January 2004. Total Amount of Contract: $23,800.00
Structural consulting services for a 68,000 s.f. three story- office building
Review of structural shop s rawings.
Pinellas Suncoast (PSTA) Transit Shelter Gimme Shelter Park Street Center 4800 Park Street North at 49th Street Seminole, FL 33709
Client: MTFuller Functional Arts (mailing)2625 Ravella Lane Palm Beach Gardens, FL 33410
(studio) 1335 Old Dixie Hwy. #12 Lake Park, FL 33403 Mark Fuller 561.707.4688 Voice No Fax mtfuller@earthlink.net Description of Services Provided: Structural consulting and calculations for a unique bus shelter. Preparation of structural construction fabrication and foundation specifications rovided by client per my direction. Performance Period: iov 07 Total Amount of Contract: $1.500.00
BURKHARDT
3 General Contractor's License CONSTRUCTION, INC.
#CGC003711
ALBERT A. GARGIULO. PE.
CONSULTING ENGINEER Engineer's License
#32582
Is lloensed aa a Professicmi Chapter 471, Florida statutes
Muk Fuller
2625 Ravslk Lane
Palm Beach Gardens. FL
33410
561.701.4688
mtfuUer@earthllnk.net
4 Image Identification Sheet
1 Flock 2003 Patinaed cop er coated aluminum, stainless steel, UHMW - 40 units Dimensions: f4"L x 30"W x 36" to 96"H
Mercer Island, Seattle, WA
2 Eternal Flame / Teardrop World Trade Center -9A1 Memorial 2002 Mirror finished stainless steel, second surface engraved hybrid polycarbonate Dimensions: 54"W x 54"D x 96"H City of Hoboken, NJ
3 Cambier's Quilt & Benches (close) 2009 Aluminum, AR 01 carbonate, dichroic coating, stainless steel Dimensions: l4h-I?x 162"L x 42"D City of Naples, FL
4 Cambier's Quilt (distant)
Aluminum, AR 01 carbonate, dichroic coating, stainless steel Dimensions: 14~"dx 162"L x 42"D City of Naples, FL
5 Four Benches 2006 Aluminum, stainless steel, wood, cast aluminum, acrylic polyurethane
Palm Beach Gardens, FL 5'W x 18'" - 24'" x 24"D
6 Track 2; 1 - 9 (Composite, all units) 2004 Aluminum, acrylic polyurethane finish 14'L x 2'W x 15 H each (9 total) Throughout Pinellas County, FL
7 Track 2; 1 - 9 (Single unit detail) 2004 Aluminum, acrylic polyurethane finish 14'L x 2'W x 15 H each (9 total) Throughout Pinellas County, FL
8 BuovBoards 2003 Dimensions: 72"H x 36"L x 24"D Painted steel (by client request), polycarbonate, stainless steel - 14 Individual units South Street Seaport Museum, New York, NY
9 Gimme Shelter 2008 Aluminum, acrylic. pol carbonate composite, dichroic film Dimensions: 12 L x 12d x 10.5" Seminole, FL
10 Gimme Shelter (illuminated) 2008 Aluminum, acrylic. pol carbonate composite, dichroic film
Seminole, FL
Dimensions: 12 L x 12' 4 x 10.5"
it?
,
I I
-4
. -
I
I
I
-- "I
7 A
I I I
1
1
I
I r,
II
f
I I I
I
__I- -
i
,ri
-1
I
6 Proposal
Relativity
The conceptual drawings and images I have resented are relative to one another in the realm creativity, visual interest, typica materials and finishes, and quality of fabrication and execution. While I strive to adhere to an elevated design aesthetic, it is sometimes necessary to simply discard convention.
These desi ns are the results many hours of ex erimenting with sha e and forms
to Addendum #4; Question #3; which states (re arding allowable size of the structure) “Therefore it does have to fit within tfe 4’xlO’xlO’area”.
Mark Fubr
2625 R.MIh Lane P Palm Beach Gardens. FL
33410
561.707.4688
mtfuUer@euthllnk.net
and would Eg e considerably more creative if I B idn’t adhere to the o F flcial answer
This 4 foot dimension rovides essentially no allowance for roof overhangs; the space of which I woul cr otherwise have creatively utilized to the fullest.
Relationship to the Roadway
Located parallel to the roadways, my shelter architecture stands in stark contract to the homogenous and redictable commercial and residential architecture found along the specific corri B ors.
For the viewer in moving traffic on the roadways, the si ht of these elements will perhaps add something extraordinarily different and re f reshing to their travel.
Meeting Goals
These shelters employ basic space planning to accommodate the tenant and provide inconspicuous environmentally-friendly solar lighting. They satisfy the project goals and guidelines with re ard to originality, engaging functional
These transit shelters are clearly a family; a series of uncommon frameworks and design yet distincly different in form and color pallette.
innovation, a these posess a sense o 7 appeal.
P
Background & Support Information
I have been established in Palm Beach County, Florida since 1986 as an environmental graphic and industrial designer, and m work has been primarily oriented towards creating visual identit elements that elp to establish a stron sense of place. For six years prior to iving in Florida, I was the Senior Project esi ner for the world-renowned design firm of Lance Wyman, Ltd., in New York, N% I continue to enjoy an on-going professional association with the firm.
Mark Fuller
Pdm Ekach Gardens. FL
33410
2625 R.vsfi. Lane
% $ r 561.7W.4688
mtPuller@euthlink.net
My design experience includes a transit shelter on the Pinellas Suncoast Transit Authority route in Seminole, Florida. I have extensive experience in the design of human-use elements with urban wayfinding, si nage and identity systems (Newark International Airport, Terminal B; Detroit.MZ; $en ton, NJ; Calgary, Alberta,CA; American Museum of Natural History. NY,NY), street and habitat furniture, traffic
& edestrian control bollards, li hting fixtures, tree grates, and a wide variety of
I have been participating in the public art forum as a creator of site-specific exterior sculptural installations on a national level since 1992 for a wide variet of both private and public sector projects. My installations can be found in all r our corners of the country.
While the style of my work is not characterized by specific thematic devices, it
is highl stylized by m research into the unique hnction, architecture, environmental
of my installations flex and change witR an a pro riate sensitivity for the roject at hand. They are site-specific; typically lacef wit{ symbolic or abstract re F erence that link the art solidly to it's environment. M pro'ects have been referenced by a spokesperson for the National Endowment Fh or T e Arts as "a good example of what public art can be" and is often referenced in the arts education sector.
Recent works have explored the use of cuttin -edge hybrid materials and finish
recycling of various glass waste materials as a dynamic luminary media.
ot rl er three-dimensional built ofjects.
and c tural aspects t x at surround each roject. As a result, the visual characteristics
coatings, and have employed solar-generate CB electric power, LED's, and the
robotic welding, for quality that have been an
The immediate accessibility to my production facilit enhances my ability to streamline the creative process from concept to rea r ity.
I enjoy a spotless career reputation for being proficient and easy to work with, adhering to high standards of professionalism, attention to detail, quality, and execution. Being located in the immediate area with my entire team of production professionals, my ability to effectively complete this project to your satisfaction
is without question.
Process Procedures or “How I’ll Take Us From Here to There”
I am well-seasoned as a designer and ‘hands-on’ producer of lar e, complex dimensional elements. My projects have always been complete on-time and on budget. Though each project arrives with its own unique issues, the logistics of
An basic outline of the process I would take is as follows::
Although there will typically be only one (1) individual in the city to whom all communications are directed, there will be other parties the city would either wish me to communicate with directl to ex edite matters, or to simply keep informed
makers. This channels of communication will be defined at the start. All communications with the vendor side will be with me directly. -Meet with all designated planning team members to review the overall project, establish a realistic production schedule, define a preferred hierarchy for installation by location, assign a specific design scheme to each location. -Establish precise installation locations with city/PalmTran; survey designated locations, locate
Mark FuOer
2625 R.veua Lane
Palm Beach Cardew. FL cf 33410
561.7M.4688
mtfullerQPeutMnk.net execution are somewhat predictable.
- Define communications protocol.
of the roject status. This coul dB inch e various city department personnel, an Art In F ublic Places committee liason, a PalmTran liason, and other key decision-
utilities and obstructions, prepare site-specific
to decision-makers for specifications and plans, and color/finish schedule. This will be an unsealed, engineer-reviewed package. -Revise design scheme($ as deemed necessary by the review committee: re are final en ineering calculations: presentheview with liason (s) as required
specifications; final engineering stamp & seal, submit final engineered drawings for permitting.
hybrid polycarbonates) and materials, begin machine data programming for production, commence shelter component fabrications.
typical development touchstones:
For inal approva 7 . Prepare Final Design fabrication drawings, documents and
-Place order for any potential delivery-delayed items (solar arrays, controllers,
-Submit periodic fabrication process update report with photos to city at
>frameworks/element formation & cladding
>pre-finish shelter assembly & fit-up
>final surface preparation & finishing
(In-shop inspection tour available to key personnel)
(In-shop inspection tour available to key personnel)
(In-shop inspection tour available to ke personnel) -Plot and surface-mark footers and sidewalk profde out.&es at each location and review with city for approval. File a M.O.T. plan for sitework as deemed necessary. Commence sitework as required to accommodate the installation schedule (permitting, inspections, construction, -Alert cit for each approach of rojected and file a M.03 plan for shelter instal P ation. -Alert city 48 hours prior to definitive shelter installation day. -Installation. Photograph stages. -Complete installation & clean-up. Photograph. -Review/sign-off final installations, as completed, with city.
0 2 .c I
r' A A A r
A r
A
A
A
1 8
B I
P s B
A
-Ill
I
A
A
4
4
“t I 1
I I
1
\-
n a
I
CITY OF PALM BEACH GARDENS, FLORIDA
10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FL 33410
CALL TO ARTISTS
PUBLIC ART PROJECT
REQUEST FOR PROPOSALS
for
ARTISTIC BUS SHELTERS
PROPOSAL NO. 2009-010
P
The City of Palm Beach Gardens is in search of two (2) artists to work with their own general contractor and engineer to
design, fabricate, construct and install outdoor bus shelters to be placed at up to four (4) separate locations along PGA
Boulevard and up to four (4) separate locations along Military Trail within the City of Palm Beach Gardens. One (1) artist
will be selected for each roadway. Each series of bus shelter designs shall be unique and integrate views from several
vantage points. The successful artists will have demonstrated through the submission of proposal materials, the capability
to successfully complete the project with an innovative approach to how artistically expressive a simple bus shelter can
be.
Call to Artist documents may be obtained from the City's web site at www.Dbafl.com, the City Clerk's Office at the
address below, or by contacting Robert Bruno at 561.799.4197, e-mail rbrunobPbafl.com. All questions are to be
directed to Robert Bruno, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, FL 33410, (fax)
561.799.41 34.
All submittals, one (1) oriainal hardcow and twelve (12) compact discs in PDF format, must be received at the address
below in the City Clerk's Office, no later than Mondav, Auaust 31. 2009. at 2:OO D.m., at which time all Proposals will be
publicly opened and read. Receipt of a response by any City office, receptionist, or personnel other than the City Clerk's
Office does not constitute "receipt" as required by this solicitation. The City Clerk's time stamp shall be conclusive as to
the timeliness of receipt.
All Proposal documents are to be sealed when submitted and be delivered or mailed to:
The City of Palm Beach Gardens
City Clerk's Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the enveloipe(s1or boxfed containinu the Proiposal shall be written in larue letters:
RFP # 2009-010 for Artistic Bus Shelters
To Be Opened Monday, August 24, 2009, at 2:OO p.m.
The City of Palm Beach Gardens reserves the right to accept or reject any or all Proposals, in whole or in part, with or
without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it
deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most
responsible Proposer includes, but is not limited to, cost, whether the Proposer meets the City of Palm Beach Gardens
published specifications, the Proposer's experience, skill, ability, financial capacity, and any other factors which could
reasonably be asserted as being relevant to successful performance of Proposer. Proposers should anticipate the City
may negotiate some or all of the components of a Proposal with one or more of the Proposers in order to obtain the best
value of services offered.
CITY OF PALM BEACH GARDENS
Robert Bruno - Purchasing Agent
Patricia Snider, CMC, City Clerk
Publish: Palm Beach Post
Sunday, July 5, 2009
PROJECT SUMMARY
Project: Artistic Bus Shelters
Location: Four (4) locations along PGA Boulevard and
Four (4) locations along Military Trail
BACKGROUND
City of Palm Beach Gardens, Florida
The City of Palm Beach Gardens is residence to over 52,000 people and is located on the
southeast coast of Florida; approximately 10 miles north of West Palm Beach, FL (see Exhibit 1)
Art in Public Places Ordinance
The City has had in place its Art in Public Places Ordinance since 1988. This Ordinance
requires that all non-residential developments over $1 -million in total development cost provide
a percentage of the development cost to public art, or contribute to the City's art fund. From the
art fund, the Art in Public Places Board is authorized to make recommendation to the City
Council to purchase works of art for public spaces in and around the City.
Art in Public Places Board
The Art in Public Places Board is comprised of City residents from a variety of professions, all
with a strong interest and commitment to public art. The Board is comprised of: one (1) artist,
one (1) art teacher, one (1) architect, one (1) graphic designer, one (1) writededitor, one (1) art
and antique director and dealer, and one (1) art administrator/artist and one (1) with a degree in
fine arts.
PROJECT SCOPE
The City of Palm Beach Gardens is in search of two (2) artists to work with their own general
contractors and engineers to design, fabricate, construct and install outdoor bus shelters to be
placed at up to four (4) separate locations along PGA Boulevard and up to four (4) separate
locations along Military Trail within the City of Palm Beach Gardens (see Exhibits 2 & 3). The
PGA Boulevard and Military Trail corridors are two (2) of the most traveled roadways in the City
of Palm Beach Gardens. The City is interested in creating a corridodseries of artistic bus
shelters along these roadways. The City will select one (1) artist and hidher single bus shelter
corridor series design for installation at the City's selected locations along PGA Boulevard, and
a second artist whose corridor series design will be fabricated and installed along Military Trail.
The selected artists will design unique bus shelters which can be viewed from several vantage
points and at night. If the artist would like to incorporate lighting, a renewable energy source
such as solar lighting is desired. The successful artists will have demonstrated through the
submission of proposal materials, the capability to successfully complete the project with an
innovative approach to how artistically expressive a simple bus shelter can be. Finished
products shall become property of and maintained by the City of Palm Beach Gardens.
BUDGET
The maximum allowable artist fee is $40,000.00 per artist, which includes gallery commission (if
applicable). The not-to-exceed budget to fabricate and install each bus shelter either along PGA
Boulevard or Military Trail is $45,000.00 per shelter, which includes, but is not limited to,
engineering fees, architectural fees, site planning, surveying, all materials, fabrication,
transportation, on-site project management, site work, foundation, installation, installation
equipment, engineering fees, insurance/bond costs, all artist travel costs to the site, and all fees
associated with the project.
RFP NO. 2009-010
Artistic Bus Shelters
2
ARTIST ELIGIBILITY
Open to all Artists at least 18 years old. Artists must be able to demonstrate through the
submission of proposal materials, a proven track record for having successfully integrated
artwork and/or amenities into buildings, and/or public spaces utilizing the materials necessary to
meet the project goals and guidelines provided below. Artist must have completed a “human-
use” artwork within the last ten (IO) years.
Artists shall be required to work with a general contractor and engineer who are licensed in the
State of Florida for the design and construction of each bus shelter which shall meet all
applicable codes and ordinances required by the City, County, and State of Florida, . The
Artist‘s general contractor must be licensed in the State of Florida, certified under Florida S.S.
489.1 19, and the Artist’s engineer shall be certified under Florida S.S. 471.023 to practice or to
offer to practice engineering.
Preference will be given to full time Palm Beach County residents.
PROJECT GOALS
The goal of the project is to commission artwork that provides facilities necessary to protect
Palm Tran riders from natural elements through the creation of unique, functional public works
of art that highlight the culture and values of Palm Beach Gardens along PGA Boulevard and
Military Trail. The artwork should:
(1) Be an original, site specific design for each roadway.
(2) Be an opportunity for area residents, visitors and employees to experience
innovative and engaging works of public art that also function as public amenities
and enhancements.
(3) Have a strong public appeal and do not contain controversial subject matter.
(4) Create a themekeries that is consistent with the qualities of life in the City of Palm
Beach Gardens (see Exhibit 4).
PROJECT GUIDELINES
The artworWbus shelter and amenities must:
Be fabricated in materials that will withstand the heat, humidity, wind, drought and
other environmental and climatic conditions common to the region and as specified
by regulatory codes.
Have an anticipated, minimum 20 year life span.
Comply with all Federal, State and local rules, regulations, codes, ordinances, laws,
guidelines, and/or directives.
Comply with the attached project specifications in Exhibit 5 & 6 (FDOT Guidelines &
Palm Tran Guidelines).
Comply with the Florida Building Code.
Have minimal maintenance requirements (i.e., Painted raw steel is not acceptable,
etc.) and be fabricated with all non-corrosive, vandal resistant materials (concrete,
aluminum, dastics. etc.)
(7) Fit in the minimum.requirements of 10’ L x 4 W x 10 H, and on a foundation size of
14’ L x 5’ W or 8’ W as conditions permit per FDOT Curbside Bus Shelter Details.
SUBMISSION CHECK LIST
To be considered for this project, the following items must be included in the preliminary
submissions. Submissions must be complete for consideration.
RFP NO. 2009-010
Artistic Bus Shelters
3
The twelve (12) compact discs shall be labeled with name of applicant and “Bus Shelter
Project”. The name of the single .pdf files shall be titled as follows: “artist
name-bus-shelter-project-(insert document title)”. For example, “John -
Smith-bus-shelter-project-application”. Exception - Images must be in .jpeg format.
The original hardcopy sheevdocument should be labeled with name of applicant. Collate in
exact order, using 8-1/2” x 11” sheets:
(1) Application Form, Questionnaire, and Artist’s Agent form: Complete, sign and
date application attached, and complete Questionnaire. If an Artist is utilizing an
agent, complete, sign and date attached Artist’s Agent form.
(2) Resume:
A. Artist’s Past Proiects: Include a list of at least three (3) projects emphasizing
public art experience and “human use” projects. Information should include
the following:
Name of Project
0
Performance period
Total amount of contract
Client name, address, and phone number, fax numbers, and email
address
Description of all services provided
B. Artist‘s Current Proiects: List the following information concerning all
contracts in progress as of the date of submission of this Proposal.
0 Name of Project
Performance period
% of completion
Total amount of contract
Client name, address, and phone number, fax numbers, and email
address
Description of all services provided
C. General Contractor’s, Fabricator’s, and Engineer’s Past Proiects: Include a
list of at least three (3) projects EACH with emphasis on similar projects.
Projects DO NOT need to be team projects.
0 Name of Project
0
Performance period
Total amount of contract
Client name, address, and phone number, fax numbers, and email
address
Description of all services provided
(3) General ContractorlEngineer: Provide proof that the general contractor and
engineer are licensed to practice in the State of Florida, certified under Section
489.1 19, Florida Statutes, to engage in contracting, and certified under Section
471.023, Florida Statutes, to practice engineering.
(4) Images: Not to exceed ten (IO) digital images printed in color. On compact discs,
images must be in .jpeg format not to exceed 1.8 megabytes. Images must be
scanned at no less than 450 dpi and no greater than 600 dpi. The files should be
named on the disc with name and corresponding number as listed on a separate
visual image identification sheet. Discs not meeting these requirements will not be
RFP NO. 2009-010
Artistic Bus Shelters
4
eligible for review. These images should be indicative of the type of work that would
be appropriate for this project.
(5) Preliminary Concept Drawings: The Artist shall submit no more than five (5)
drawings to illustrate a preliminary proposal and design concepts. On compact
discs, drawings must be in .pdf format.
(6) Written Proposal: No more than two (2) pages outlining the relationship between
the images presented and Artist’s proposal; the relationship between the proposed
work and the roadway; how the proposed work meets the project’s goals and
guidelines; background information that support the Artist’s qualification to complete
the project together with all drawings and design concepts to be attached; and
written “process” procedures explaining how to get from conceptual design to
finished installation.
(7) SASE: If any Proposer desires to have their materials returned after the selection
process is complete, please include an appropriately sized self-addressed, stamped
envelopekontainer.
SUBMISSION INSTRUCTIONS
1. One (1) original hardcopy and twelve (12) compact disc copies in PDF format of the
preliminary proposal submissions must be delivered by 2:OO p.m. E.S.T. on August 31,
2009. Submissions not delivered by the time and date specified will be returned to Artist
unopened. Label the name of the single pdf files as: “artist name-bus-shelter-project”
Please send proposal materials to:
City of Palm Beach Gardens
City Clerk
10500 N. Military Trail
Palm Beach Gardens, FL 33410
2. The artist must complete, sign and date the application attached. Application should be
typed or handwritten in ink, in clear legible print.
3. Place application on top of other proposal materials.
4. Artists who submit incomplete proposals may be eliminated from the review process.
5. The City of Palm Beach Gardens will make every effort to protect proposal materials.
However, the City shall not be held responsible for the loss or damage of any materials
submitted.
SELECTION PROCESS
The selection process will occur in two phases. In the first phase, the Evaluation Committee will
review the submission material requested and select no more than five (5) semi-finalists
(“shortlist”). In the second phase, the semi-finalists will present an in-person, fully-conceived
proposal including images, scale models, or other materials which will illustrate the concept of
the proposal to the Evaluation Committee. An itemized budget must also be included in the
proposal. Each semi-finalist that makes a live presentation will receive an honorarium of
$2,000.00. Following the presentations, the Evaluation Committee will select two finalists. The
finalists’ proposals will be reviewed by the Evaluation Committee and City staff for comment,
details, compliance with provided codes, laws, and Ordinances, and then recommended to the
City Council for final approval.
RFP NO. 2009-010
Artistic Bus Shelters
5
SEMI-FINALISTS’ REQUIREMENTS
The semi-finalists will be required to perform the work under contract with the City of Palm
Beach Gardens, a sample of which is attached hereto and incorporated herein as Exhibit 7.
Semi-finalists will be required to make a live presentation of their proposal to the Evaluation
Committee per the “selection process timeline” below. The Semi-Finalist’s Schematic Proposal
materials must be delivered to the City Clerks Department that day and need to include:
A. Conceptual Approach: Three-dimensional physical model, computer model or
detailed drawings.
B. Written Statement: A typewritten proposal that specifies how the conceptual
approach relates to the site, how the artwork, amenities and/or enhancements
address site needs, the fabrication process, an itemized budget, project timeline, and
maintenance guidelines. (5 page maximum)
C. Material List: A list of proposed materials to be used to complete the project.
D. SASE: An appropriately sized self-addressed, stamped envelope, mailing tube,
carton, etc. for return of proposal materials.
FINALIST’S REQUIREMENT
The finalist will be required to perform the work under contract with the City of Palm Beach
Gardens, a sample of which is attached hereto and incorporated herein as Exhibit 8. Prior to
contract execution, the finalists will be required to meet with a City of Palm Beach Gardens
Project Manager to develop a detailed plan and timeline based on the proposal presented. The
contract fees, time frame, installation/construction requirement will be negotiated between the
finalist and the City. Regardless of the foregoing, the Finalist shall be required to comply with
the contract terms including, but not limited to insurance and permit requirements. Upon
execution of a contract, a Notice to Proceed (‘“TP) will be issued.
SELECTION CRITERIA
In the Semi Finalist Review Phase, a combined scoring system of pass/fail and points will be
utilized to select up to five (5) semi-finalists based on the following criteria:
1. Mandatorv Elements - AUTOMATIC PROPOSAL REJECTION - NO POINTS
1.
2.
Artist shall have completed a “human-use” artwork within the last ten (IO)
years.
The Artist’s general contractor and engineer must be licensed in the State of
Florida.
a. The Artist’s general contractor must be certified under Florida S.S. 489.1 19.
b. The Artist’s engineer must be certified under Florida S.S. 471.023.
The Proposer adhered to the instructions in this RFP on preparing and
submitting the qualifications.
3.
2. Qualifications and Experience - 150 POINTS
Pts. Criteria:
50
30
20
20
Artistic uniqueness, attractiveness, impressiveness of proposed design
Quality, interest, variety, and artistic value of portfolio submitted
Artist’s and its team’s experience and competence with similarly scaled
projects that are in use full time by people
Proposed design’s compliance with required design parameters
RFP NO. 2009-010
Artistic Bus Shelters
6
10
20
Practicality, user friendly design, and use of materials
Full-time Palm Beach County resident
In the Final Review Phase, a point-based scoring system will be utilized to select two (2)
finalists for recommendation to the City Council. Scores will be based on the following criteria as
demonstrated in the presentation, proposal materials and through reference checks. The Artist
receiving the highest point total will be awarded the bus shelters along Military Trail.
Pts. Criteria:
50
25
20
20
10
10
10
5
150 Total points available
Artistic uniqueness, appeal, attractiveness, impressiveness of proposed design,
appropriateness to Palm Beach Gardens and south Florida
Experience and competence with similarly scaled projects that are in use full time
by people
Proposed design’s compliance with required design parameters (Palm Tran,
FDOT, FL Building Code)
Suitability and durability of materials for the intended use & climate; future
maintenance
Simplicity of fabrication and installation of proposed design; practicality and user
friendliness
Reference that closely relate to this project’s scale, use, and conditions
(More specifically sites along major traffic arteries)
Completeness and reasonableness of proposed project costs and schedule
Full-time Palm Beach Countv resident
The City is not required to select semi-finalists nor is it under any obligation to select a finalist or
bring the project to completion if, in the City’s sole judgment, Artists or proposals do not meet
eligibility requirements, project goals and/or guidelines. Personal contact with any Evaluation
Committee member is grounds for immediate disqualification. The City has the right to reject
any proposal, at any time beginning with the selection process through to installation on the
grounds that the proposal or artwork, amenities or enhancements appear to have a fault in
fabrication; pose a safety hazard including but not limited to standards as defined by OSHA; are
fraudulent or non-authentic; require special maintenance or landscaping other than which had
been previously identified and agreed to by the City; does not meet project goals and
guidelines. Honorarium will be paid to the proposer making an in-person presentation
regardless of the final outcome of the project. Any substantial deviations from the Finalist‘s
approved design must be approved by the City Council.
ADDITIONAL lNFORMATlONICLARlFlCATlONS
Information provided by the City is to facilitate proposals. Effort was made to provide necessary
and accurate information when this request was prepared, but the City is not to be penalized for
any lack of completeness. Accuracy of this data is not guaranteed. It is the sole responsibility
of Proposers to assure that they have all information necessary for submission of their
proposals.
Any questions relative to interpretation of specifications or if more information is needed, please
contact Robert Bruno, Purchasing Agent, in writing, on or before August 24, 2009, 2:OO PM, via
fax: (561) 799-4134 or e-mail to rbruno@Dbafl.com.
RFP NO. 2009-010
Artistic Bus Shelters
7
INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Proposer as to the meaning of the Proposal
documents. Any inquiry or request for interpretation received prior to August 24, 2009, 2:OO
PM will be given consideration. All such changes and interpretations will be made in writing in
the form of an addendum, and if issued, will be mailed or sent by available means to all known
prospective Proposers prior to the established Proposal opening date. Submission of a
Proposal constitutes acknowledgment by the Proposer of the receipt of Addenda. All Addenda
are a part of the Proposal documents, and each Proposer will be bound by such Addenda,
whether or not received by him/her/it. It is the responsibility of each Proposer to verify that
he/she/it has received all Addenda issued before the Proposals are opened. No authorization is
allowed by City personnel to interpret or give information as to Proposal requirements in
addition to that which is contained in the written Proposal document and Addenda.
SELECTION PROCESS TIMELINE
This timeline is subject to change with or without notice.
July 6,2009
August 24,2009
August 31,2009
September 15, 2009 finalists
October 8,2009 and Contracts
Release of Call to Artist RFP
Deadline to receive questions
Deadline to receive entries
Evaluation Committee to discuss and recommend Semi-
City Council to consider Semi-Finalist Recommendations
Semi-finalists' Proposals and Presentations due to
Evaluation Committee followed by Finalist
City Council consideration of Finalist Recommendation
November 17,2009 Recommendation
December 17,2009 and Contract
EXHIBIT LISTING:
1. City of Palm Beach Gardens location Map
2. Military Trail bus shelter location map & photos
3. PGA Boulevard bus shelter location map & photos
4. City of Palm Beach Gardens Vision Plan
5. Florida Department of Transportation (FDOT) bus shelter guidelines
6. Palm Tran bus shelter guidelines
7. Sample Contract for Semi-Finalists
8. Sample Contract for Finalists
RFP NO. 2009-010
Artistic Bus Shelters
8
City of Palm Beach Gardens, Florida
Artistic Bus Shelters
Proposal No. 2009-01 0
Public Art Application Form
Submissions must be received no later than August 31,2009
PLEASE TYPE OR PRINT
Last name: First name: Date:
Contact address (PO Box not acceptable):
Company:
Street:
City, State, Zip:
Tel: Email:
Fax: Web:
Gallery affiliation (if applicable): Tel.:
Signature of Applicant:
Please be certain to review the Submission Check List. Incomplete applications are subiect to
reiection.
RFP NO, 2009-010
Artistic Bus Shelters
9
QUESTIONNAIRE
This Questionnaire shall be completed and submitted in envelope/package with the
Qualifications.
By submission of this questionnaire, Artist guarantees the truth and accuracy of all statements
and answers herein contained. Attach additional information if necessary.
1.
2.
3.
4.
5.
Has the Artist or its general contractor failed to complete work awarded to
himlherlitlthem? If so, where and why?
Has the Artist or his/her/its general contractor inspected the proposed site(s), and does
the Artist have a complete plan for his/her/its performance? Yes or No
List and describe all bankruptcy petitions (Voluntary or Involuntary) which have been
filed by or against the Artist or its general contractor during the past five (5) years.
Include in the description the disposition of each such petition.
List and describe all Performance or Payment Bond claims made against the Artist’s or
its general contractor’s surety(ies) during the last five (5) years.
List all claims, arbitrations, administrative hearings, and lawsuits brought by or against
the Artist or its general contractor during the last five (5) years. The list shall include all
case names: case, arbitration, or hearing identification numbers; the name of the project
over which the dispute arose; and a description of the subject matter of the dispute.
10
RFP NO. 2009-010
Artistic Bus Shelters
6. List and describe all criminal proceedings or hearings concerning business-related
offenses in which the Artist or its general contractor were defendants.
7. Has the Artist been suspended by any government agency during the last five (5) years?
If yes, provide details.
8. List and disclose any and all business relations with any members of the City Council.
RFP NO. 2009-010
Artistic Bus Shelters
ARTIST’S AGENT AUTHORIZATION
Artist’s Agent
Gallery or Agent, doing business at
Street
I
City, State Zip
(Area code) Telephone
(Area code) Fax
9
EIN # or SS#
Shall act as Agent for the Artist with respect to all payments made by the City. Payment
to the Artist’s Agent shall be considered payment to the Artist pursuant to the terms of
this Agreement. It is the City’s expectation that Agent’s payments to the Artist shall be
upon Agent’s receipt of payment. The parties hereto understand that all checks for
payment shall be made out jointly with the Agent the Artist names.
Financial and payment issues by and between the Artist and the Agent shall not be
subject to this Agreement nor the Parties herein.
Artist Signature Date
Artist Name (Print)
Agent Signature Date
RFP NO. 2009-010
Artistic Bus Shelters
12
EXHIBIT 1
EXHIBIT 2
f
Military
Site
Trail
1
I
H lk'
.. .- j ,.
r*.T--L " ' . --
I'
I ....... ...
Military Trail
Site 2
I
I
I 1 I
\
c'l
I
Military Trail
Site 3
I !
Military Trail
Site 4
.c
. 'C *_ .
-1 'L'
I!.
I 1.1
I,
. : .,.
, \i .1 . '4 .: '1
EXHIBIT 3
PGA Boulevard
Site 5
IC' -
,I.
I
1
I
.I ,.. .L!
PGA Boulevard
Site 6
tt II' '
I
i
H, I
I
a i
k
i 7 1
1
PGA Boulevard
Site 7
7
R
1
--l
1
1
r b
)GA Boulevard
Site 8
't :. .. I! .. .. J,. '. $- I ..
L.
,.
I.
.: , .-
.\ . . - ..
,.
--
I i ,-e.
.- .
i I
1
EXHIBIT 4
L
,
J
CITY COUNCIL
joseph RUSSO, Mayor
Lauren Furtado, Vice Mqor
David Clark
Eric Jablitt
Carl Sabatello
Linda Monroe (former Council perron)
I. . .
. ..
A letter from
the Mayor
In what fdlows, the City of Palm Beach Gardens presents to you - residents,
businesses, dtizkns at kge - a document that represents the culmination of an
extenshe vislonlng process. The resultant document, "Our Vlslon - A Stnteglc
Plan," presents a preferred vldon of the future of the City of Palm &ach
Gardens. This document ts ako the result of Input frwn and hard work by man).:
the City Council, the Blue Ribbon Vidoning Committee, City Staff and, many,
many dtkens of plkn Beach Gardens.
. .. _,
It Is my hope thrt you will mad W docummt as a proposal of a prefemd vision
of our City's future. &pnd that, it Ls my hope that you will join us in the effort
to see that thls Won becomes our reallty. As you read the document you will
note that the vision of the Clty's hrture Is one that cannot be achieved ly the
Uty alone. The attalnment of this vlslon wlll rqulre the concerted effort of all
who have a stake In the success of the City of Palm Beach Gardens. FlnaJly, it is
my hope that "Our Wbn" wlll shape our hnun as the aty prepvw to meet i the challenges of thc twcnty-ftni century as we grow together in the GZUC~IIS.
The visioning process began over three yews w. The Clty Council lnltldly
created its am drdtvbkn for thc City through saveral InteMtM vhloning
sessions. A l!i-person committee ms then appointed ty the City Manager to
build upon the CouncU's vlrlon and to create its awn vision for the Clty. This
Blue Ribbon Committee, through the cow of many "vlsionlng" sesslans,
Mentined and reviewed Issues and debated saabgks under the diredon of City
staff and technkpl experts in the pnas under study. VMonhg sessions krduded
dlrcu#lwrr of land use patterns, economk dcvalopment, conservation of
environmentally sendthe lands parks and 0th~ municipal fadlitier. education.
publk safety and hb of service. The goal of the vlsionlng sesslolls was to
ha- the Rlm Beach Gardens of tomomw.
The Clty ab SOugM Input from reddents by conducting a Visual Preference
Surwy. Approxlmstely 100 residents partlcipated in the Visual Preference
Survey, whlch was co-sponsored by The Consuvatlon Fund. The survey invobred
asking residents to evaluate varlw images depidng future vislons of the City.
This valuable Input created a common urban dulgn vision.
In addttlon to enurrlng Input from residents at every stage in the pnxess, the
City ah vigorously pursued educating end Inbrmlng all residents not dkectly
lnvolvsd In the vlrionlng process. Several Hdes were Included in GI& line, our
quarterly newsher bo ddents. The Uty rko held town meetlngs to glve all
Interested pvtles an opportunity to obwn information about the deliberations
and dbcusslons Mng the vldonlng process.
. . 0 . . . b 0 . . 0 . . . 0 0
CONTENTS -___ ... .
r
3 *.a
4- .
6.
8. .
IO ma
12. 0 I
INTRODUCTION
PEOPLE, PLACES AND PATHWAYS
GUNS, ROSES AND HOSES
THE LAND USE PUZZLE
THE THREE R'S: READING, RlTlNG &
RITHMETIC
THE THREE 0's: OPPORTUNITY,
OCCUPATION & OUTLOOK
14. . FLORA AND FAUNA
16. . .
18. .
P&R: "THE BENEFITS ARE ENDLESS"
BETTER HOMES AND "GARDENS"
.
Welcbm'e To
Palm Beach .Gardens
3. .*
WI t is a s-- =-
INTRODUCTION __ -
The purpose of this document is to present the image of the City of
PaJm Beach Gardens. This document addresses the long=tcrm goals,
objectives and strategies necessary to achieve that vision of the
future. The document is divided into ten sections, each of which
dkcusres one of the ten goals of the vision.
Visioning b the process of forming mental images: images that focus on forward and
long-term thinking. It requires the facultks of figurative sight, intelligent fortsight and
crrativc thinkhg. it requires the ability to place the desired Image within a larger
perspective. It nqulrcs Identifying current and future tmnds in all relevant areas in
order to understand how the desired lmagc wlll interact with all elements to which the
future All be linked. It npnsents the values of all segments of the community
Vlsionlng Is not a comprchenslve plan - it precedes comprehenslw planning, but can
inform and serve as a drMng force in the comprehensive planning process.
Whereas vislonlng asks the question, "What is our preferred or desired image of the
future?"; the goals ask, *How do we see that vision come about?". Each goal
represents a part of the vtdon and, as such, constitutes the vision for the specific area
that the goal addresses. The goals of the City's Vkkn are daborated In the follawkrg
pages. They are wmmarizd below by "key phrases":
The Goals of our Vision
0 bpk, flaces and kthways
0 Gum, Rases and Hoses
0 The Land Use Puzzle
0 The Three R's: Reading, Ritlng and Rithmetic
0 The Three 0's: Opporhmlty, Occupatkm and Outhook
0 FIoraandFauna
0 P&R "The Benefits are Endless"
0 Better Homes and "Gudens"
0 Growlng In The Garden$$$
Whereas the goals ask, UHw do we see that vision come about?": the obJectlws ask.
"What components make up the achievement of the god?". Objectives often bwak
the goal down into manageabk segments or parts that assist in achieving the goal.
--
The Ha0 Story
__ -
Whereas the objcctlvcs ask, "What components make up the achievement of the
goalsl": the strategies ark, "What rpedfk mons or steps need to be bllowed to
accomplish this oblecthnt". The strategies outline the action plan. They become the ty' 1%
line hm Point A to Point B; the steps necessary to begin the process that culminates
in Vislon attainment.
.: ! 1: =i PEOPLE, PLACES AND PATHWAYS -- --__---I-- ~-___ --
TO CREATE LINKAGES IN THE CITY WHICH CONNECT OR GATHER
RESIDENTS AND BUSINESS OWNERS OF DIFFERENT
NEIGHBORHOODS AND DEVELOPMENTS INTO A SINGLE COMMUNITY
AND WHICH PROVIDE A SENSE OF COMMUNITY.
I:
lb cnrt. @nthor~ (hapla) Ph
In tha City.
'_-A Vldon Conmction:
Tho vldon of "pwp@ places" encompasses ttte urban-
rukrbon concept &s within the Ctty where people -
rwlhts, br#lncrr +em. neighbors, or pups - may
gather In an mwltmmnt that through design encourages
lntmdon ad a wnk of community. The purposes of
the "paopk places" an be varied an4 to yaryb &pes,
mphrsbrc the socld, rccreatbnal or environmental
rrpcwrr of -t I$-.
Str8tqi.s:
0 Goate an Urban uarherlng Place that Is outwardly
kcuscd, pedasMn friendly, and contains some or all
d the klhvlng chcteristlcs: shade trees and
fkwwr: @uu and fountains musk and publk art.
0 Creata an Active Sports Center Gathering Place whkh
ofh a varkty of rrcreatlonal amenitks as weH as
linlylcs to pshm areas and bike paths and offers the
.% ate an Eco-Semkive Gathering Mace with some or d of the foflming characteristics: natural environment;
water actMtk8 sudl as fishing, canoeing and trak
W~#NW C8nter cltmosphere/interpretive activltics.
tkn of Clty-rpansond sports events.
I -2:
To Cmta ?athay Linkagw throughout
tha city.
..I.' d L ...
The Vision Connection:
The Mea of pathway linkages throughout the City Is
designed to enhance the sense of community by providing
a community synergy so ofttn lacking in modern
neighborhood or development plannlng.
Strategies:
0 Promote connection of neighborhoods, shopping,
0 Require the installaUon and expansion of the Parkway
Identify sldewalk/pathway needs in existing
schools and parks through a sidewalk/pathway system.
System in the City's developing areas.
nelghborhoods and planbudget improvements.
I
I
h' II Yr .I
rs, cultural centers and I
GUNS, ROSES AND HOSES
-_ - --__-
TO INCREASE THE LEVELS OF SERVICE FOR CITY-PROVIDED SERVICES GOAL 1 AND FACtLITIES WITHIN THE URBAN AREA, WHILE MAINTAINING FISCAL
RESPONSIBILITY.
8 Objactlw I
To AttrkrL+@iond lave1 of Service
Standuda for htbk Safety and Recramdon
The Vision Connection:
The vWon
prolkctins the Ccunmunlty's health, sakty and welfare
thm@ kvdr of Wice. Flre and Emergemy Medial fanrksr as well as pmidlng appropriate Ids of
rarvke In hrfrutruceurr needs and recreational servlces.
Stmt eglar:
Police
Rov(dc rufndant space for adequate polke functions.
0 RLvh+ urbn kvsl of servlce standards (OS) to
rppmprkrtr mems - 11W service (&patch) calls per
rrrpondkrJfkM officer per year.
0 btrMbh Wbvr kvds of service whkh are high
enough to mmr pwcntative actM#eJ, h addition to
rrcponscto lnddalts andse*cak
0 blew level of #NTce standards to ensure fundlng to
adequrtaly pravwrt and flght crime. such as LOS fiw
pRmcdve, preventative pmgrams; LOS kK Wlity
space, equipment, and new technology; and LOS based
on nonnridcntlel uses (square feet) and schools. in
addltlon to corui&atlons based on population.
the City's dedkaHon to J
0 Establish a kvel of servke for emergency medical
ssrvices.
0 EltrbUsh appropriate fin servlce dellvery standards to
accomplish Internal performance measures.
0 Continue an adopted lewl of servke standard of a five
minute amage response the: work toward a district
average vs. a citywide auemge. and in the intertm
plwkk that standard to 98% of all calls.
0 hpose the requirement of sprlnkkrs In all
development west of the La#ahatchee Slough and
encourage vnluntary sprinkler installation in ail
development throughout the Clty.
0 Pravlde a fire facility to meet the demands of the
western portion of the City, consistent with a rural
level of service standard.
All Services
Recreation and Public Works
0 Ravlde park acreage and recreational faciHtks to meet
0 Wish a Public Works Wlity to provide for
the sportsminded cornmunlty’s needs.
lnfrslvucture needs as well as the needs of Police and
Flre ScKvlCes.
To Establish Plans, Procedures and Policies
for EmwgencyIDisaster Situations
The Vision Connection:
The vtsion inwk recognition of the need to attain an
optkno\ kvel of rerrdlfwss to respond to My
amaSgcncy/dsastar dtuatlon. Adqwte preparation and
advoncc planning arc crltlcd elements to the actlvlUon of
emqency plans. The visim Incorporates the use of a
ttatirrcogniztd plan and pursues intergovernmental
c0operatk)n.
Strategies:
0 Update the Cy’s Emergency Management Man.
0 Budget and procure quipment and materials consistent
wifh the Emergency Management Plan: ensure that all
departments are prepared to undertake their assigned
tasks and responslbllltles.
Emergency Management Plan to resldents and pqmty
Qwners, In advance of an emergency, so that dl are
familiar with pre- and po&-emergency procedures.
polkks and acUvitltr that will be instituted by the City.
0 Follow code endorcement procedures or additional
steps as necessary to protect rights-of-vqf, canal,
drainage and uUHty easements and other fadlitla which
0 Provide information on the contents of the Clty’s
may become critical fw access in the event of an
emergency.
ObJective I:
To Gontrol, Udt and Encourage Specific + of Dmloprnent and Redevelopment.
T)rr Vhian Connoction:
THE -- LAND USE PUZ:'
TO PRESERVE LAND USE PATTERNS AND TYPa-
CURRENTLY CHARACTERIZE THE CITY.
I Ob/rctivrZ:
To Encoumgo Intagration of Dmlopmcnt
into New Neighborhoods and Uvablc
Communities.
The Vision Connectiom:
The idea induded in the vkion Is the encouragement of
"mixed use" In the development of new neighborhoods.
The concept of 'mixed use" Is entlrely consistent with the
City's vkkn of developing a sense of community that
promotes pqkpthering places, linkages and mreation
services In a pedtttrjan Mendly environment. The
development of the mlxed-use concept also entalk
planning that encourages the use of the concept of mixed
use in future development.
Strategies:
0 Develop a concept. such as a mlmbuse ovcrlay, to
oncourage the Integration and creation of new
mlghborhoods, promote a mlx of community-serving
uses wlfhin the neighborhood. and further
opportunities kr pedcstrlm/blcycle modes of travel.
City's eastern areas.
plan and future land use map; dalgnatlng
subject properties with a mldential land use category
and zoning overlay.
0 Apply the concept to the large vacant tracts In the
0 lmplsmcnt the concept through the comprehensive
i f
1 r -y
buourqe the-prwidon of dkse learning styles
hHwad to dle karnind rbilltlcr of students.
Encwnp edwaaal opporhmltles and
cuwkuh #kcucm thraugh magnet XW and
6Koungs tha employment of qudky teachers
who M skUled and are devoted to enhancing the
rckreatlond experknce.
Encouqe th. Imhnment of dedkated
vduntears and communlty resources.
Encourqe dhrarslty of the student population
wlthln each school.
-pmgwr#.
Encourage programs, strategies and practices that will
enhance the educational expertencc, such as:
e
b.
Muce the sinc of schools and shr of daJuoomr
Encourage the sewn of adminlstrators with
strong leadership and managerial skills appropriate
for the eduutlond setting.
Ensure proper lllocation of fiscal rero~~~~.
Promote teaching to focus on bask job and
mpkyment sktk lndudlng readlng and
mathematical calculations.
Prwnote parental and community itndvement and
awarenus through pvc”Ung classes.
Provkle a form of school concurrency to ensure
educational fadlltles w available when and where
needed.
Encourage wcadonal training as an aiternatlvc for
non-college bound students.
Formulate consensus, through resldent Input, on
the major educatlond Issues aflcctng the City.
Regularly meet with the School Board to advise
c.
d.
e.
f.
g. . ~anactlva1Pk!innbnningtheeducatlon~
a.
b.
them Ofthcaty‘s needs and recommend smtegles
orprpgrams-to addrrssthe ldentifkd ncedr,
c. Assert the City as an outspoken leader br
education, and call upon the talents and influence
of the communlty to urge changes to the
education system.
Awre that all City permental activities that impact
the educational process are routinely monitored and
6
-atedbydtdgnakd-ffpmOns.
.
lm 1A
--T %. -
I.
d 1:
I
1 i! 111 rl I 11 i!'
TO PROMOTE ECONOMIC DEVELOPMENT IN THE CITY
THE ATTRACTION OF NEW INDUSTRY.
'>,, THROUGH THE EXPANSION OF €XISTING BUSINESSES AND
Objective I: -w 2
To Initirtcl Rorctive Efforts to Expand the
kmmk Dam of the City, Working within
tho huarwork of Existing Economic
m-dBreupa*
To Provide a Framework for
in Mnem Relodon Decirions.
The Vision Connection:
~duhhctorrhnpwturl
Th. vbton Conmction:
Thr hdudon of tha Oty's businesses and pspectlve
kalnrrrr k dUcd te the success of the Vwon. Inherent
In hklJthrZ thaw of Pslm Beach Gardens is on
tha cuttin#
WnWned wnhout the assistance of qudty businesses
louted In dra CRY. lbwd chat and. the vision includes an
rnphrb not only on the attraction of new buslnesses to
chr CJty, but rko the retcntlon of existing quality
of quellty, Is the undentandlng and
that such 8 dedgnatbn cannot be achhd or
0 Dmkp 8 unlque ecowmk dcvclopment program that
Wl dWn@! Palm kh Gadens ftom the rest of
RmbUhCOWltp
0 Create a City Economic Development Advlsory Board
that wlll drvdop an economk development plan
to serve as a basis kr an Economic Element of the
canprr)HMhn fJh lnltkta 8 pddkrprhnrte venture to pre-apptuve a goods-
pmduclng anplopr or corporate headquarter campus.
6 otbdng lndustrles and business clusters.
ldmtlfy and pursue new business clusters that are
a#nprtlbk wlth the City's desiml vision.
6 Dardop an undcntandlng of exlsting business
cowerr&
lm~rwr communkrtion and forge alliances with major
(~opay wners In order to coordinate efforts In r#rCcthrll new business to the Clty.
Pdlm f3edch.Gdrdms
The ky lsruts considered ty buslnesscs seeklng to
relocate are the qudlty of life fkton that the Cky of PabTl
Beach Gwdmr Is In a position to offer and promote. In
additbn to conducting an asset inventory to be used In
promoting the City to pmpectk budnett. the Vwon
rqulrrs that thc Clty examlne all processes to determine
whee poslthrc adjustments an be made toward the end
of attracting and retalnlng qudity businesses.
Stratqies:
fkognim thc City's assets and IlaMkks and come to a
COWIUUS on what the Clty offers that
atmxts/dbcounges budnos locatlons/rdocatlons.
development appd pcoccss, whn possible, by
rrvking comprehenshe plan polkks and land
dcMkpmcnt regulatbns.
0 Wuce rclocatbn time by accelerating the
Malntahahi&kdof~krthcpcwbknofscrvkes.
0 Monitor/loWytoenRmmwimumI~tnpublic
0 Promote assistance to edmtlon. retraining, and
tachnlcal support from locd universities and
communlty colleges.
rchodr and the unlvcrsity/community college system.
r
1
-tlw 3:
To Identify Vllcont/Dirtrsuad Office and
Rotall Bush Locationfiacilitits for
Proapoctlvr Businesses Relocating to Palm
-countr*
The Vision Connection:
Thb objectbe directs attention to the development of a
pmcus, rqulring krterdeperanental coopention, that
wlll ~stabibh a nllabk formula for Identifying pcwpecthrc
buslness locatkns and fwwardng the Information to
appropriate contacts representing or in contact with those
budnerses seeking to docate or expand.
Strategies:
0 Identlfy vacant/dlstmsad structures avallable for retdl
encourage ndevdopment of distressed properties.
and offke relocatton hy size and location.
0 Enurn that want structures are maintalned to code
standards.
0 Identlfy respecthe QH~CK of SpeCMc properties to
0 Fhlnhtn points of contact with the State, local
Chamber of Commerce, Bustnets Development
Board, and other economic development groups. /
r
\
I
FLORA AND FAUNA
TO PROTECT THE NATURAL ENVIRONMENT
SUSTAINABLE METHODS AND PRACTICES.
To LJ Preserve the City's Natural
Ikrourws In a Manner that L Balanced
with the Weds of the Community.
Thr Won Connection:
b pmtut md pmaw the City's natural msourcos,
Whlh tha vidon nca~llar and promotes the need
the prl#rad h#g of the City supports sustatnabilltys
the tam used to dcrcribe the goal of Integrathg 1 bbnw concern. nls view
of p#snrrtkn b entirety consistent wlth the City's vWon
rrd mceh support #om the concept of "Sustainable
Ddopmt." u dh&d ty Norwqhn Prime Mlnlster
Gm Horbm BrundW: "development which meets the
IyQ6 of the present without endanghg the abi#ty of
finwa gemmftons to meet th& own needs."
I
I St#lWghS:
Pmtat crrvkonmcntally sensltivc lands. but pmvide
Ackrd midents input Into the development of
puMk access and appropriate passive use
OqPMauatlar
nmqment plans for preservation areas. Public input
shall be sou@ regarding: I - desired use (passlve
mm8tlon)c 2 - access; and 3 - how publk funds are
tpant. Way to rppFoprlitr governmental entitles the City's
dmtt&tion with the pal of acquiring and setting
ulda pruprtter wlthout opportunities for passive use.
and assert the City's goal of conservation wtth
rpppprhte Wk KCCSS and USe.
Arbt Rkn kuch County in the acquisition/
tnamgwmt of environmentally sensitlw lands through
Joht appk8tbns kf grant and other funding.
mbjective 2:
THROUGH
To Initiate a Citywide Approach to
Protection of Environmentally Sensitive
Lands.
The Vision Connection:
This objective of the vision entails corn- planning
to ensure the City's abtllty to designate preservation areas
as well as areaa to be developed. A dty-wide approach, as
opposed to a piecemeal determlnatlon of preservation
area, Is not only coreistent wlth the City's vision, such an
approach also ensures paw linakages. the importance
of which was outlined earlkr In thl3 plan. This mnue
would also pravide the City with the abillty to tdentify
larger areas For preservation designation.
Strategies:
0 Designate a Greenway System that establishes linked
preservation areas, meeting the Clty's envfronmental
set-aside requirements. The Greenway shall protect
the City's natural rcsa~r~e~ and open spaces, yet
define developable areas for future Imprcrrement.
This Greenway Systern shall complement the Parkway
System and replace, where possible or appropriate.
the current practice of preservation on a deveiopment-
bydevelopment basis.
lmstlgate a program to acquire and designate a parcel
as a mitigation banking area/receivlng slte for use by
developers of properties wlthin the City. This property
shall serve as a recehrcr site for protected species that
must be relocated from developing parcels, and as a
banking area for mitigation of development impacts.
lnltiate a study to reintroduce greetway linkages tn the
developed areas of the Clty, via native species and
landscaping relocation, within rights-of-way, easements
and other approprlate open spaces.
I 'E ' P
'
P&R: "THE BENEFITS ARE ENDLESS"
TO PROVIDE RESIDENTS OPPORTUNITIES FOR RECREATION AND
LEISURE ACTIVITIES AND OTHER PAST TIME INTERESTS.
.. ..
..
L
Tha Vbion Conmction:
The vblon accods slplflcant attention to the prwlsbn of
qudlty racrsotlond $&vices to the ddents of Palm Beach
Gedmr The vbkn Indudes not only the maintenance
ud bauWdon of misting fadlltks. It places s@ifkant
emphask on rcqulrlq addltlonal park/rscreatlon areas or
Andr l)wn now drvdopment in the aty. The vision of a
dirtrkt puk round8 ut the City's god of pmvlding
mcrWoml d bbumopportunltks krrrridents and
ldumsav4a& mmerrurrbly to the qwJlty and quantity of Clty
0 pmvlde md mmn a suflikknt level of parks and
tucmdon Mllwprograms kr residents. A
d\rl k rrbblrh.d as lavds of rwke standards.
0 Update the pvkr and recreation Impact fee. This
knpra ke hall be ohwned from 1 new development
that cmates oddltlonal demands on the City's parks
and mcmatbd facilities and pms. The amount
of the fee shall be appropriate to cover new
dedopent't share of the cost of praviding additional
pdcs and revartlon facitltlcs to mitigate the impact of
an sxpamled population.
durknurvc dpvk acreage and hdllty standards
0 Continue to requlre parks/mcmtion dedication ttom
new development. This mqulremmt Is In addttlon to
the impact fee. The dedkttion shall be In the form of
land, knprwements, or funds, depending on the parks
and nvcaknal needs of the Uty. The dedication
requirement shall focus on new, knprwed park areas.
as oppowd to raw land. Tovvvd that end, a
mbinluon of land, bnpramments. or funds shall be
wourqd as a dedkatlon.
0 MalnWn parks and ncreatlon f?cilltks in a manner to
ensure ongoing approprlatc and safe condltions.
0 Acquln and lmprovc adMrM perk wWn the City, to
lndude passive and acth recreational apportunltles.
Consistent with the "Ihrka#' ok$xWs, this park shall
senre as a spwb center gathering place and shall be
=wsstble tv Psdrwcr)*.
0 Encourage the private sector to prwlde cultural
mMu In the City. Cultural componants such as an
rmpMUIcatcr or a sculpture guden, in addition to the
'Art In Publk Places" qulrement, shall be sought
fmm nonlrrldentlal pjeas in lleu of a park/
nvcatlon dedlcatlon and impact fee.
-
-.__ -- . . . . . -.
c
BETTER HOMES -_ & “GARDENS”
TO PROTECT THE CITY’S CHARACTER OF HIGH QUALITY HOUSING
AND FOCUS ON THE MAINTENANCE OF EXISTING AFFORDABLE
HOUSING.
To Continue to Encauroyo the Privata
Sactor‘s h.ovk)on of Affordable Housing
throu$~ Damloper Incmtivrr.
The Vislon Connection:
Ttm Won COnnwtion:
br I(r dlk#nt nalghbohO0ds and the ~glous
ddopmnt ttut it n the my’s vklon is inclusive
drdIvuse rodaty md all Ids of housing. The ptovision
whya the of Rbn Beach Gardens Ir well known
d dbrdda houdng k cldtc~sary If a community is to
bmbp fu#y and completely md is an essential Ingredient
to I vldor, wtme pd b to foster a strong sense of
canmuniy.
smtaghs:
0 IWntaIn the codtlon ofstirtkrg nelghborhoods
wham dfordrMc houses are located through increased
code mbtremeftt actMty and impwed
communlcltkn Hmh residents on rehabilitation
~uae~nampppmandnawdatcrsto
Qsramlruta krcorrmtion about code nqulnments.
mkmment ;KtMtks and flnar~irl Wstance to residents.
ndgrborlng governments on slmilar housing and code
enhwnent Issues.
0 Enhana commwrkotlon and coordinWn with
r3
The vklon air0 pruddes br the City to fulfill its de of
amenities offered
attempt to urbt In ensuring rffliwdabk housing kr
residents. The Clty will. whcn appropriate. ofkr
incentives to developers to encourage the prcnrkrion of
affordable housing.
~stlng dl residents to enjcly the same acces to the
the aty. The Cfty will, therefin.
Strategies:
0 Continue to pravlde sufficient land wlth high density
restdentla1 deslgnatlw to encourage the prwirlon of
afkrd.ble units.
0 Pruhde a density bonus (up to 3 units per acre) in the
RH category for the prcndsion of affordable units. The
denslty bonus may be warded upon demonstration of
pcrb0nn;mCc standards such as pro)ect design and
aesthetlq amenities. and commltment to management
and maintenance.
0 Increase support and reliance on the Palm Beach
County Commisdon on Affordable Housing as the
entity for promoting affordable housing and
recommending incentives.
0 Continue to allow and prescrve the quality of life
of residents of exlstlng moblk homes. Pmvide
opportunitles br cumnt mobile home residents to
learn of additional measures that can be taken to
strengthen thdr ‘tle dwm” due to concern for their
wind vuinerabHlty and the City’s stormpotentla1
location.
L"9 1
SUPPLY NEEDS, FLOOD
CONTROL, PRESERVATION
OF ENVIRONMENTALLY
SENSITIVE AREAS AND
AQUIFER RECHARGE.
I:
'I) suko Water
-erns That Protect the
la &a City from Flooding, yet
Nldmlm CHmdmrge of Run-off to Tide
equate infrutructure
ndatlon of vbkm
with lanctuwners to formulate
b
c
kuth dNa)@hlakc Boulevard and west of the
south of SR 710 that are not
ired through the Environmentally
ESL) Acquisition Program.
0 Continue to work with state, regional and local
agenck mpdlng the dwelopment of a management
plan for the miis acquld through the ESL Acquldtlon
Program. The management plan for the ESL was
needs to be compatible wlth existing and future
drokrage systtms for the Clty.
Recognize the potcntiol need to modi$ and/or amend
cmt pollckJ wlth regard to water management
systems in the aty depending upon the outcome of
the United States Envlmnmmtal Protection Agency's
(EM) issuance of a National Pollutant Discharge
Ellmlnatkm System (NPDES) permit for the City.
0 Continue work on compkthg the Master Dralnage
Plan. Irrvurtory, and an- of City Surface Mer
Management Systems. recognizing the possibility of
increased budget allocations br replacement and
renewal of existing systems that are reaching the age of
thek expected servke life.
Continue to seek opporturttics wlth Northern Palm
Beach County lmpmvement DlsMct, South Florida
Water Management Dlstrkt and Seacoast Utility
Authority to develop stormwater retention systems and
storage areas 50 as to minlmk the discharge of surplus
fresh water to tide water and maximize availability of
fresh water for aquiftr mhatge and maintenance of
ecosystems within the Clty.
0 Continue to seek opportunities for implementing the
construction of a sallnity control structure at the
juncture of RCA Boulevard and Prosperity Farms Road.
0 Continue to seek opportunities to work with South
florid? Water Management District and the Corps of
Engineers on improving flood control in the C-17 Basin.
0 Continue the process of identifying areas of poor
drainage in the Clty and undertake the necessary
improvements and/or retrofit of existing systems so as
to provide these areas with the levels of service
adopted by the City.
2:
h Promote War Supply Rollcia, and
)hnr that Balance tha Needs of the Urban
PbpuWn and tha Envlronment.
Tlvs Vision Connection:
The vlrlon also includes emphasis on cnsurlng adequate
water supply and supply frcllitles for current and future
needs. Such planning wlll Indude a forward emphasis in
coordlnrrting wlth other gwemmentol CntiuCS to ensure me nllaMc water stonge and wrtcr supply,
Shtegies: -
Acthnly partidpate h regbnal HR~W supply issues thet
avolve &mu& the Corps of Enghem' restudy of the
Central and Southern Florldp Project, the South Flock
Mter Management Dbtrkt's Lower East Coast Water
Supply Plan, and the Gauanor's Commkoion kr a
Sulrtanable South Florida Each of these prolccb needs
to properly add- water supply meeds for the coastal
urban pnas of southwt Mda.
The Clty's parlklprtlon in the regtonal water supply
planning process hould support the follawlng pdkles:
1. Contlnued and lmprwcd flood control,
b. Continued and imprwad water supply fadlitiu to
meet current and fbture demands without
neessttating cosdy llttmsuvt uses of poor quality
water.
Encourage the imcstigatlon and conskieation of
water supply alternattves such as storage and
allocation of natural ninfill/runoff.
c.
d. Appmprlate rlkrc#ion of water supplltr to the
coaska! urban amas and adoption of policies that
embncetheconceptofsharedadversityR
supply k In a drortlall.
~brthe~dvwbathatwP~a
sustokred and nlrabte supply br all urn.
Mter allocations must include a sustained water
supply fbr all communlty interests, people and
bubnesses in South Rotida.
WhUe pmtectbn of our environment is cruclal to
wr region, emhnmentol goals wlth regad to
pnrcrvotkn and r8storatlon should be realktk
and developed from pmen scientMe prlndplu. so
as not to negatkly aff& the watet supply for
Clty residents.
c. ~~Jupp)ymnalpnaopwidcaddtknd
f.
g.
u crlpr 3:
To codnuc to Ensure Adequate Potable
Wrkr and fenitrur Sewer Service to City
Rep.rtkr and uses.
The Wsion Connection:
The vislon also indudes emphasis on ensuring adequate
water supply and supply facilities for current and future
needs. Such planning wlll include a fwward emphasis in
coordlnwlng with other gcrvtmmental enuties to ensure
future reliable water storage and water supply.
Strategies:
0 Increase the level of servlce for potable water to 191
gallons per capita daily (gpcd) to reflea usages.
0 Increase the level of sewke for sanitary sewer to 107
gpcd to rekt actual usages.
0 Implement an assessment program for extension of
water and/or sewer facilitlcc to developed but
unserved areas (east of the Slough) where a mlnimum
52% of propertkc lndkate willingness to participate.
0 Promote the philosophy of primary use of the surficial
aquikrsystankntohedorpublk~urpp)y.Amounts
in eaxss of that ngukcd by dK lqxctiw cnmpnhmsivt
plans would be maitable brother uses indudingirrigatkm.
when no other source is obtainable.
.+ new golf courser, parkways, and common
landscaped areas.
0 Promote the use of grey water in the irrigatlon of
sg
_-- GROWING IN THE _____
TO PROMOTE THE LOGICAL PHASING AND TIMlNG
OF NEW DEVELOPMENT, CONSISTENT WITH
CAPITAL IMPROVEMENT PLANS AND BUDGETS.
Dbjectim 2.
vklon requires accurate
objective wiH asskt in
ant of the vision
ervlces that compose
ens into "urban" and urural*
provements in the 'rural" area
bepnd programmed capital
undesirable because it brings
d maintenance costs which have
e methods, such as package
e to promote economic
ddapmak houslng. protection of natural
social or energy considerations.
ural services to indude the
parks, roads, dralnage and did
5 shall include potable water and
rural service may Include welk
The Vision Connection:
To ensure further the achievement of the vision, it ts
necessary to delineate service amas In a realistic manner
and consistent with the City's Capital Improvement plan
(CIP). The establishment of the parameters of service will
assist in the pision of services and future planning. As
such, the parameters serve as a guide to the achievement
of the pal.
Strategies:
0 Establlsh an "urban service area" which depicts where
servkes are available now or can be in the immedlate
future. Within this urban service area, servlces (water.
sewer, police, fire, drainage. etc.) can be currently
provided in an efficient manner, within the City's fiscal
capablities, or are planned in the five-year CIP to be
expanded or improved.
Urban Service Area = City properties generally
east of Central Boulevard between Hood Road
and Northlake Boulevard, but includlng developed
communities of PGA National. Ballenlsles.
Frenchman's Creek. Westwood Gardens, and
Westwood Lakes.
0 Establish an "urban reserve" outside or surrounding
the urban service area which depicts the areas to be
served within the planning ped4 of the
comprehensive plan - 20%. but are not currently
served, nor planned for service in the five-year CIP.
Urban Reserve = Area east of Loxahatchee Slough
within City limits and annexation area, west of
Central Boulevard.
Establish the "urban gtwth boundary" arwnd that
portlon of the Cky that k desJgnated as tk urban
servke area and urban reserve. The area to the east
of the boundary is intended for urban lawls of
development Lucst of the boundary, the area will be
agrkulturG envimnmental pmcm or ruraHntensIty
development wlth rural KIy/ett and limited economlc
dQvalopment Generally. grcrwth b encouraged east of
the boundary and gtwwth west of the boundary can
occur only In a mrban nature.
Urban Gmwth Boundary = hhatchw Slough
ecosystem.
ymtive 3:
to E- continuity,
kc-, WWI Want hl Patterns.
'Fho Vision connection:
To Corrtlnua to Plan for Parkways,
Me&h and &yde Facllities and
AIWmativa Mob of T'sportation.
The Vision Connection: Crltlcal to a successhrl growth management strategy Is the
e Intbdatedness of all
"peuple plac&" and the
., 2 ,ttgrt~ $p a&dqpi+t of a gathering places. Tawa
il'fl ' conceptual linkage pl b n c Hslst t wlth the goal
greatly to the goal af ~cccssful "people places".
stdadW:
'0 'Continue to pro
.3 Contlnue to req
bic/dc acoes(~.
Strategies: . of planning jor M'also support and contribute
0 Create a City l'koughfare Plan that illustrates '
.
conceptual Iiq(ygar-and new mqch~~~~ thmugh tf#
vacant areas ofstie C\ty. L
0 kquin new devdapmcnt tQ wr thOrolr#i&&i '
continuity an(l linkages consJnnt wlth the co
Thoroughfare PlM, or provide acceptable aha '* I
0 Assess city roed.hnpct kes bo cover new
developments' kk share of the capltak costs of n@$
thoroughfares and 'Ilh/rpges. .I L Initlate a study it0 egtabluh 8 means to eliminate
"ghost" tr~ps n~rij~ dre tratnc model created by
appmnd, but utibuiit (M never to be bulk)
development.
e . P-imPmm '*
WHERE DO
--. WE
M lE?
i $1
It be determhed tq the su
must be tmdW hta
The vlslon IS our pre
Image af the kmne.
entad an anap#s of the
Bhd nsxal tern. Many
ges in such areas as
personnel, land, equipmmt, % trugdatiwts, the adoptlon af new ordinances, and change!
to the City's Comprehensive Plan. Nonethekc *hrnlyghout this process, the vision u~ ---N-
to serve as the @de.
it will wM In establkhing day-twhy, month-tmo
rill gl derglrd polkks, plans, a
.ted aF
.,gnlzes
flexibilit)
~
- 4 Itmrtmr'dcertaln Lrnwllty
Palm Reach Gardens L - to 1998, the City Increased Its
population by 471%, making It 6s world fbstes;growlng mUnldpallty In Palm Bexah County.
Palm Beach Gardens Is also the largest dty In the North County rsgion with a land area of 53.9
square mlles, second in land area only to West Palm Beach in Palm Beach County. The Cir, I-
appmximately 50% developed -$d
double again by the year 2010>$,. j
r. From
projectlons estimate that the City's Dopuiation
As a community we will prepare for that future by embraclng: "Our Vision - A StrateL - ."
Join us as we make steady and consistent progress toward the achlevement of olr goals; as we
.a ,. 1 me one of the preemlnent cities In the United St I&&!& - A- h&i
City of Palm Beach Gar
Mission Statement' I
1 h 1 I ruarantee high quality services which are
delivered in a cost effective and timely manner
rntidpate and creatively respond to changing
needs
I ,etain a well-trained, responsive and courteous
at)(warkforce
evelop a sense of community and pride
liat resident involvement in decision making,
emphasizing open government
humre *e assets ad natural resources
entrusted to its care
timulate high quality of life and the pursuit ot
dlence thought public-private partnerships
t
..
.
ClTT Of PALM BEACH GARDENS OUR VISION A SllAlEGlC PLAN
EXHIBIT 5
i
,Y. i
CURBSZDE FACTORS
I 1. Srophdingand WidtinaPadp
Whcre new bus stop landing pads an constructed at bus stops, bus bays, or other arcas
where a bus will deploy a lift or ramp, landmg pa& should have a firm, stable surfsce, a
minimum clear width of Sfeat (measured perpandicular to tha back of curb or vertical
roadway dgc), length of 40-fW and a minimum cicarmcc width of 5-fwt (moamcd
parallel to the vehicular roadway). The width should be extended to the mrutimUm extent
allowed by le@ or site constraints and connected to streets, sidewalks or pahtrian paths
by an accessible route!' A landing pad with them dimcnsiona provides sufficient room
for a parson in a wbsalohoir to board the lift mechanism of a bus. Figure 5 of Appendix
I Mmtifb typical bur stop landing pad size d location criteria. For proper drainage, a
maximum dope of 150 YO) perpendicular to the roadway is allowed. Landing pads
should be sloped toward or away from the roadway as appropriate to be compdile with
the adjoining drainage system.
The landing pad must be located befm the bus stop sign so the door of the bur is aligned
with the landing pad when the bun stops. In some casea, bwes have rear door lifts. As
applicable, landing pads should be installed at both the rear and front ontrance locations.
It may be desirable to build a continuow sidewalk or shoulder &ips 8-f& wide along
the entire length of the bus stop. Landing pads must be clear of utility poles, fira
hydrants, straat firmiture, and similar obetaclas.
The designer should contact the transit agency to detemrine if sheltm will be installed at
any existing or new bur stop locations. If sheiten arc to be installed, the designer should
coordinate with the agency to provide mereto waiting prds that will meet the bus shelter
requirements. A bus stop waiting padis a paved area at a bus stop provided fur bus
passcmgm that can contain a bus shelter or other infhstmcturc. The size of the waiting
pad dopen& on several fhcton such M the length and width of shelters and benches,
right-of-way availability, location of the ADA ladng pad, the &e of the bus, and
mger demand. It is deairabk, to hate waiting pads adjawnt to but separate from the
sidewalk to preserve general peda(ltrian flow. Waiting pads €hat me not adjacent to the
sidewalk should be connected to the sidewalk with a paved Mfaca that meets ADA
standards. It is generally recomnrandbd that 5-fett of clemance be preserved on
sidewalks to reduce potential pedestrian conflicts and limit CongsttiOn during boardings
and dightings.22 A minimum of ~eet of clearance mwt be provided on sidewrlk~ to
maintain ADA clearance on the sidewalk. A variance from PDOT standards is quid
for clearance Of less than rl-feet.
adapted
July 1994: Sedion 10.2.1.
on Rd Board m). mdelincur for the
from TCRP Rcpart 19. WMhmgton D.C.: National Academy Press, 19% S6.
Updated October 2007 16
Transit Facilities Guidelines
2. Slselters
Bus shelters are recommended at high volume boarding stops. FDOT District 4 applies
the Transit Capacity and Quality of Service (TCQSM) standards outlined in the Highway
Capacity Manual, Chapter 2723 to identify shelter locations based on boardings and
alightings. Other factors to consider when determining whether a stop warrants a shelter
include number of routes served, presence of transit dependent populations and elderly
populations, location of universities and schools, and adjacent social service providers
and employment density. The size and design of passenger shelters will vary depending
on the available amount of right-of-way and the number of potential passenger boarding^.^^
A shelter that is accessible by individuals with disabilities must have a minimum clear
floor area entirely within the perimeter of the shelter of 2-feet 6-inch wide by 4-feet deep
to permit wheelchair or mobility aid user access. Even though shelters vary between
transit agencies, the recommended minimum dimensions are 10-feet by 4-feet by 6-feet
8-inches high (interior clearances).2s When available right-of-way is limited, it is
recommended that a smaller shelter be provided rather than not providing any shelter. If
provided, shelters should be constructed with vandal and graffiti resistant clear side
panels for visibility.
Private vendors that have contracted with a local municipality may fund the purchase and
installation of bus shelters by the transit agency in return for advertising space. The
shelter is generally placed on an easement negotiated by the municipality or transit
agency and the vendor designs, installs, operates, and niaintains the shelter while
providing advertising on the shelter and collecting revenues. Vendor contracts may
include provisions for dissolution of the contract if the shelter experiences excessive
vandalism. Bus shelters provided by the private sector, whether located on the public
right-of-way or private property, must meet all applicable local building codes, permit
requirements, land development codes and these guidelines. Advertisements on bus
shelters must not exceed the established requirements as defined in the Florida
Administrative Code Section 14-20.004. When feasible, every effort to develop a public-
private partnership with adjacent land owners should be made.
The design and construction of bus shelters as a component of an FDOT project requires
coordination with the local municipality and transit agency to detemiinc shelter location
and appearance. A critical factor for design and construction will be the contractual
acceptance of maintenance responsibilities for the shelter and its infrastructure by the
transit agency, the municipality or an adjacent business.
Figure 6 of Appendix I depicts various shelter size options.
Transportation Rcscarch Board (TRB), Transit Cooperative Research Program. Hiahwav Caoacity 23
Manual 2000. October 2000. '' Pace News Page. Chicano Illinois. 12 December 2000. <www.uacebus.comlsubguidelines/default.asp>.
The maximumheight ofla shelter is IO-feet. - 15
17 Updated October 2007
Transit Facilities Guidelines
A. Shelter Location
Shelters are often desired at locations where bus routes intersect to provide a waiting area
for patrons. The designer should coordinate with the transit provider and local
jurisdictions during the project development phase. Shelter location will vary depending
on space availability, utility placement, passenger counts and operator visibility needs.
Shelters should have a minimum 5-foot setback fiom the street. Guidelines for the
placement of bus stop shelters are provided in Table 4.
Table 4. Guidelines for Placemeut of Bus Stop Shelters26
1. Transit bus shelters shall be located a minimum of 12-feet from the intersection as
measured along the tangent line of the road beginning at the point of intersection of the
radius of the connecting road and tangent to the road.
2. Shelters are prohibited in medians and on limited access roads.
3. Shelters shall not be located within 15-feet of any fire hydrant or disabled parking
space.
4. A shelter shall not obstruct any sidewalk, bike path, pedestrian path, driveway,
drainage structure, or ditch, etc. At least 3-feet of clearance for pedestrian traffic shall
be maintained.
5. Bus stop shelters should not be placed in the 5-foot by 8-foot wheelchair landing pad.
6. Shelter location and design is subject to ADA mobility clearance guidelines, Chapter
14-20 of the Florida Administrative Code, and any applicable Federal, State, or local
building code.
7. Locating shelters completely or partially on the sidewalk should be avoided if
gcncral pcdestrian traffic flow is blocked or restricted. A minimum clearance of 3-feet
should be maintained between the shelter and an adjacent sidewalk. Greatcr clearancc is
preferred in high pedestrian volume locations.
8. To permit clear passage of the bus and its side mirror, a minimum distance of 2-feet
should be maintained between the face of the curb and the roof or panels of the shelter
Greater distances are preferred to separate waiting passengers from nearby vehicular
traffic.
9. The shelter should be located as close as possible to the downstream end of the bus
stop zone to maximize visibility for approaching buses and passing traffic and to reduce
the walking distance fiom the shelter to the bus. However, when bus shelters are
provided in conjunction with bus bays, shelters should be located to minimizing conflict
between passengers entering and exiting the bus.
10. Placing bus stop shelters in front of store windows should be avoided when possible
to limit interference with advertisements and displays. Blocking the window of a store
can increase the possibility of vandalism.
1 1. When shelters are directly adjacent to a building, a 12-inch clear space should be
preserved to permit trash removal or cleaning of the shelter.
12. Shelter installations must provide a clear opening between the structure and the
pound or foundation to facilitate cleaning and removal of debris.
Transportation Research Board (TRB). Guidelines for the Location and Design of Bus Stom, adapted 16
from TCRP Report 19. Washington D.C.: National Academy Press, 1996: 28.
18 Updated October 2007
Transit Facilities Guidelines
Orientation and design of a shelter can positively or negatively influence passenger
comfort. In Florida’s tropical climate, a shelter facing east or west can be uncomfortable
because of the intensity of the sun. The height and dimensions of the shelter canopy
should be adjusted to provide shade as well as rain protection to waiting passengers.
Shelters should not be enclosed in impervious material; the design should be completely
open to permit the flow of air or perforated panels may be used to reduce glare and
maintain ventilation. Landscaping may contribute to passenger comfort by providing
shade.
Many shelters are used for advertising purposes. Generally, advertisements are placed on
panels attached to the bus shelter to take advantage of the visibility that the bus stop
receives from passing traffic. Passenger and pedestrian safety and security are a greater
concern at shelters with advertisements. The advertising panels may limit views in and
around a bus stop, making it difficult for bus drivers to see passengers. Approaching
passengers may also have a restricted view of the shelter interior. To prevent restricted
sight lines, advertising panels and kiosks should be placed downstream of the traffic
flow. Approaching traffic should be able to easily view the interior of the shelteraZ7
B. Shelter Pad Desigu
Generally, vendors that install shelters also provide the associated concrete pad. All
applicable federal, state, county, and city codes must be followed. Concrete pads with 8-
inch thickness and adequate reinforcement are recommended. While the ideal size for an
accessory pads is 10-feet by 30-feet, adequate area to construct the shelter and other
infrastmcture such as newspaper stands and telephones to be installed may not be
available. In many cases, existing right-of-way does not allow construction of a shelter
pad of this size to be installed. The minimum recommended concrete pad size is related
to the shelter size. The concrete pad should extend 6-inches beyond the shelter canopy to
minimize erosion at the shelter roofline caused by runoff. Easements obtained for the
installation of a shelter should extend 2-feet beyond the concrete pad. The design of the
pad could incorporate conduits and junction boxes for shelter utilities and should be
coordinated with the utility scrvice providers. Coordination with individual
municipalities and transit agencies is also recommended as municipalities begin to
develop and implement their own shelter programs and designs.
C. Maintenance
All shelters should be fabricated with vandal resistant materials and must be properly
maintained for aesthetics, function and safety. It is common to apply an anti-graffiti
coating to shelters to facilitate maintenance. Vendor contracts usually include a
provision to allow the removal of a shelter when maintenance costs related to vandalism
become excessive. Before this action is taken, the municipality may post warnings to
users that the shelter may be removed due to vandalism in hopes of having the
community participate in protecting the shelter. Shelter facilities must be strictly
maintained to avoid any deterioration that is hazardous to the transit patrons. Florida
Administrative Code Section 14-20.003 provides that a clear opening between the
’’ Transportation Research Board (TRB). Guidelines for the Location and Design of Bus Stops, adapted
from TCRP Report 13. Washington D.C.: National Academy Press, 1996: 70.
19 Updated October 2007
Transit Facilities Guidelines
structure and the roundation must be maintained to facilitate cleaning and prevent the
accumulation of debris.
3. Ells Benches
A bench, even without a bus shelter, provides comfort and convenience at bus stops. As
with shelters, benches are usually installed on the basis of existing or projected ridership
figures as well as other factors such as high elderly population. It is very common to
have bench only stops and to have advertising on the benches. Benches may be provided
by private vendors through agreements with municipalities. Preserving minimum
pedestrian circulation guidelines, coordinating with existing landscaping, and providing
additional waiting areas can improve bench and site utilization. Preferably, benches
should be set back a minimum of 10-feet from the travel lane; if IO-feet can not be
accommodated, setback should meet FDOT design criteria.** Guidelines for the
placement of benches at bus stops are provided in Table 5. Figure 6 of Appendix I
depicts general bench dimensions.
rable 5. Guidelines for Placement of Bus Stop Benchesz9
1, Transit bus benches placed in the right-of-way shall not exceed 74-inches in length,
28 inches in depth, and 44-inches in height (Chapter 14, Florida Administrative Code).
2. Any bench placed on any part of the sidewalk shall leave at least 3-feet (4-feet per
FDOT standards) of clearance for pedestrian traffic between the bench and the nearest
edge of the road. This distance should be increased as the speed of traffic on the
adjacent road increases. Bus bencheshhelters should be place outside the horizontal
clearance/ clear zone in order to not become a traffic hazard.
3. Transit bus benches shall not be placed in the median of any divided highway or on
limited access facilities.
4. Avoid locating benches in completely exposed locations. Coordinate bench
locations with existing shade trees if possible. Otherwise, install landscaping to
provide protection fiom the wind and other elements.
5. Coordinate bench locations with existing streetlights to increase visibility and
enhance seciiritv at the stoa.
6. Locate benches on a non-slip, properly drained, concrete pad. Avoid locating
benches in undeveloped areas of the right-of-way.
7. Locate benches away from driveways to enhance patron safety and comfort.
8. Bench and other street furniture locations are subject to ADA mobility clearances
between the bench and other street furniture or utilities at a bus stop.
9. Benches are not to be located within the 5-fOOt by 8-foot wheelchair landing pad.
10. At benchTonly stops, additional waiting room near the bench should be provided
(preferably protected by landscaping) for passenger comfort.
Florida Department of Transportation (FDOT). Florida Intersection Design Guide, Obiects and
Amenities: 6-17.
29 Transportation Research Board (TRB). Guidelines for the Location and Design of Bus Stous, adapted
from TCRP Report 19. Washington D.C.: National Academy Press, 1996: 70.
20 Updated October 2007
Transit Facilities Guidelines
4. Bicycle Parking
The lack of secure and safe bicycle storage facilities at transit stops is a major deterrent to
some cyclists who may otherwise use transit. Bicycle parking facilities will be defined in
temis of two classes. Class I refers to storage units that protect the entire bicycle from
then, vandalism and inclement weather. Class I1 racks provide a secure place in which to
lock a bicycle but do not provide any direct protection from vandalism or weather.
When determining which type of bicycle storage facility is most appropriate, existing and
potential demand should be considered. Factors to consider include:
0 Presence of on-street bicycle lane;
0 Existing bicycle activitylevidence of bicycle use at stops;
0 Boarding data and number of routes; and
0 Surrounding land uses.
In addition, the length of time a bicycle is parked at a location is a key factor when
determining whether or not to provide Class I facilities. Bicycle lockers, or completely
enclosed storage containers, maybe be appropriate at locations where long-term bicycle
parking is predominant. Class I facilities, however, are large and awkward to place next
to bus stop shelters.
Class I1 racks are appropriate for short-term parking, defined by two hours or less. Class
11 racks should provide for the following factors:
0 Support the bike in 2 locations;
0 Prevent wheel from tipping;
0 Allow both the frame and one wheel to be secured using standard U-shape lock;
0 Support all bicycle types; and
0 Allow front-in parking (U-lock secures front wheel and down tube) and back-in
parking (U-lock secures back wheel and seat tube)30.
The Association of Pedestrian and Bicycle Professionals recommends standard inverted
U, A or Post and Loop bicycle racks. The Association of Pedestrian and Bicycle
Professionals does not recommend comb, wave or toast style racks. Standard wave racks
are not recommended because they are typically misused by cyclists, greatly reducing the
advertised capacity. If used as intended by the manufacturer, bicycles are parked
perpendicular to the rack and are not supported in two areas; often bicycles arc locked
parallel to the rack, similar to the U-racks, allowing bicycles to be supported in two
places but reducing the capacity of the rack.
Association of Pedestrian and Bicycle Professionals. Bicycle ParkinP Guidelines: I. 30
Updated October 2007 21
Transit Facilities Guidelines
Class I1 Bicycle Rack Elements
RECOMMENDED - One rack element supports two bikes n A 9
Inverted “U” “A” Post and Loop
NOT RECOMMENDED - One rack element is a vertical segment of the rack
Wave Comb
If standard U-racks are used, they should be mounted in a row with a minimum distance
of 30”, allowing sufficient room for two bicycles per rack. Multiple racks can be
installed to create a “bicycle parking lot” depending on the size of the transit stop and
projected use.
The following should also be considered when locating bicycle storage facilities at transit
stops:
0 Paved access between bicycle lanehidewalk, bicycle parking lot and transit stop;
0 Waiting area constructed with non-slip concrete or asphalt that is properly
drained;
0 Racks securely mounted to a reinforced concrete slab, minimum of 4” thick
extending 4” beyond the vertical rail foot-print;
0 Rack height should not exceed 48”;
Located storage area away from other pedestrian or patron activities to improve
safety and reduce congestion;
Coordinate the location of the storage area with existing on-site lighting; and
0 Do not locate the storage area where views into the area are restricted by the
shelter, landscaping or existing elements, such as wall^.^'
” Transportation Research Board (TRB). Guidelines for the Location and Desim of Bus Stow, adapted
from TCRP Report 19. Washington D.C.: National Academy Press, 1996: 79.
Updated October 2007 22
Transit Facilities Guidelines
The location of the bicycle rack should be such that it is visible and is compliant with
ADA standards, preferably on the approach side of the shelter. If long-teim bicycle
parking is expected, at least 50% of the bicycle parking spots should be covered by an
overhang or actual storage facility.32 Upper elements of the bicycle rack should not
protrude, creating an obstacle for a blind traveler.32
5. Other Infrastructure
Depending on the size of the transit stop, available right-of-way and usage at a particular
stop, other transit infrastructure such as trash receptacles, newspaper vending machines
and additional street furniture may be warranted. When providing other infrastructure, all
ADA and roadside clear zone requirements must be met.
There should be direct coordination with the applicable transit agency to determine if
space is available and if specific requirements or requests can be met.
6. Signage
Bus stop signs must be located outside of the horizontal clear zone. For curb and gutter
(urban) sections, the minimum distance from the face of the curb to the bus stop sign is 2-
feet. For shoulder (rural) sections, the minimum distance varies according to the design
speed of the road. The maximum distance from the curb to the signpost should be 8-feet
to maintain visibility for bus operators. The designer must coordinate the location of the
bus signs with the transit agency.
ADA requirements specify that all new bus route identification signs provide 84 inches
minimum vertical clearance over the sidewalk. If the vertical clearance of an area
adjoining an accessible route is reduced to less than 84 inches, a barrier to warn blind or
visually impaired persons shall be provided. Letters and numbers on signs shall have a
width-to-height ratio between 35 and 1: 1 and a stroke-to-width-to-height ratio between
1 : 5 and 1 : 10. The characters and numbers shall be sized according to the viewing
distance from which they are to be read. The minimum character height is 3 inches. The
characters and background of signs shall be eggshell, matte, or other non-glare finish.
Characters and symbols shall contrast with their backgrounds, either light characters on a
dark background or dark characters on a light background.33
1
7. Lighting
Every attempt to provide lighting at all transit stops should be made. Adequate lighting
increases visibility at a bus stop and serves as a deterrent to criminal activities. The
Crime Prevention Through Environmental Design (CPTED) Program seeks to prevent
certain crimes within a specific boundary by manipulating variables within the physical
~~ ~ ~ ~~
32 City of Portland Office of Transportation. Bicycle Parking Facilities Guidelines.
www.trans.ci .portland.or.us/bicycles/parkguide.htm
Landing Pad. July 1994: Section 4.4.
A Accessibility Guidelines for Buildines and Facilities (ADAAG). Minimum Dimensions of an ADA D 33
23 Updated October 2007
Transit Facilities Guidelines
environment. The physical environment of the bus stop can be manipulated to produce
behavioral effects that will reduce the incidence and fear of crime, thus improving the
quality of the service provided at the bus stop. Lighting is the most critical factor in the
CPTED Program.
Illumination at a bus stop is desired but optional. When possible, bus stops should be
located next to an existing light pole that illuminates the stop location during anticipated
usage. Coordination with the transit provider to adjust stop locations to permit the use of
existing lighting systems is recommended. If an existing light pole is located at the
desired stop location, the designer should verify that the level of illumination provided
over the entire bus stop is the same as the adjacent roadway per FDOT Lighting Design
Criteria.34 Additional lighting may be considered when the bus stop is located between
light poles. The designer should coordinate with the transit agency regarding the location
of the light poles and bus stop.
In addition to illumination level, the uniformity of lighting is an indication of the quality
of illumiiiation and should be considered when installing new lighting systems or
enhancing an existing system.35 Mounting height and spacing of luminaries should be
sufficient to provide the desired lighting intensity over the entire bus stop, meeting FDOT
Lighting Design Standards for the adjacent r0adway.3~ Lighting that is selected for
installation should be vandal resistant and meet clear zone requirements. Coordination
with the local electrical provider and local government is required when existing lighting
is enhanced or a new system proposed for installation.
Solar panels are another option to provide light at transit stops. Advances in technology
make solar panel lighting a feasible option as costs continue to decrease and the
technology becomes more reliable. Solar powered systems consist of a solar panel and a
charged controller that charges batteries, which operate the lights. Costs for a basic solar
kit range from $1,200 to $1,500 per shelter. Traditionally, solar panels are mounted to
the roof of the shelter. In instances where the shelter location does not allow solar panes
to face 45-degrees due south, pole-mounted systems are better option. Most stand-alone
systems do not require trenching or wiring and there is very little that the end-user has to
do to install such systems.36
D. SIDEWALKACCESS TO TRANSIT
Providing defined access to and from the bus stop increases transit ridership. Sidewalks
are a system of paved walkways parallel to roadways that are designed for use by
pedestrians. They are an integral part of city streets but may not be prevalent in niral
locations. Sidewalks in rural areas are most justified at points of community
development such as schools, parks, and local businesses that produce pedestrian
concentrations near or along roadways. Generally, every attempt should be made to
Florida Department of Transportation (FDOT). Plans Preimation Manual: ChaDters 2 and 7.2007. ’’ American Association of State Highway and Transportation Officials (AASHTO). A Policv of
Geometric Desim of Hiehwavs and Streets. 1994: 441.
l6 Starcic, Janna. Designing Bur Shelters for the Savvy Passenger. Metro Exchange, February/March
2003. ~http://www.metro-magazine.co~t~featpick.cfm?id=90505004~. January 22,2004.
Updated October 2007 24
[
I
J
EXHIBIT 6
I
August 2007
EIWflEvI
fp PalmTran
TRANSIT
DESIGN
MANUAL
- -~
T T
Im Tran TRANSIT DESIGN MANUAL
OPERATION DESIGN
Abandoned truck bays and low level loading bays can easily be substituted for Bus bays (or berths).
Parallel and shallow saw tooth designs may afford multiple recovery sites. Parallel sights require
additional length per vehicle and may require parking enforcement as they give the appearance of
general curbslde parking areas. Saw tooth design sites require additional width but discourage other
vehicular parking. These will be discussed under off-street facilities later in this document.
3.3 BUSSTOPS
The primary considerations in establishing Bus Stops are:
Safe operation of Buses
Rider convenience.
Safety of our Riders (and pedestrians)
A safe operation implies that buses at Bus Stops are able to safely exit and renter the flow of traffic with a
minimum of interference with the other vehicular traffic. The position of a Bus alighting or boarding Riders
should not interfere with the sight distance of other motorists.
Rider and pedestrian safety dictates that following minimal Infrastructure be present:
Adequate lighting.
The surface of Bus Stops should be even and offer safe footing.
Riders at Bus Stops should not be subjected to moving traffic.
Bus Stops should whenever possible be located near crosswalks andlor traffic control devices
which give our Riders easy pedestrian access.
Unobstructed pedestrian sight distance in crosswalks
Other limiting factors to establishing Bus Stops include: topography, parking or stopping restrictions,
adequate waiting space (two-squarefeet per waiting Rider), litter potential, and impact on adjacent
commercial and private property.
3.3.1 Location and Identification
I It is Palm Tran policy to post every Bus Stop with a bus stoplroute sign
identifying the site as an officially designated Palm Tran Bus Stop. The
Bus Stop signs measure 12-inches x 15.5-inches and have an
accompanying route sign measuring 12-inches x 6.25-inches adjacent and
immediately below the Bus Stop sign.
Information contained in this tandem sign arrangement includes:
Travel direction Palm Tran Bus Stop identification
Unique (up to) four digit number for that particular Bus Stop
Routes served by this Bus Stop
Direction the bus will take to the next Bus Stop
Customer Service bus informational telephone number
o North County: 841-4BUS
o South County: 233-4BUS
Palm Tran serves designated Bus Stops in commercial and resldential
areas so as not to block traffic and in the interest of safety. Flexibility is
permitted, when warranted, provided it is done safely.
35
Zp PalmTran TRANSIT DESIGN MANUAL
OPERATION DESIGN
Construction zones on bus routes present problems in picking up and dropping off passengers. Many
times, Bus Stop signs are removed during construction. Therefore, Palm Tran's Operators use their best
discretlon. Our Operators choose as safe an area as posslble for stopplng and alert the Dlspatcher if a
Road Supervisor is absolutely needed to evaluate certain areas.
While all Riders should board or alight at posted Bus Stops, if a Bus Stop sign is down, or there is an
unusually long distance between Bus Stops, or if a Rider flag stops the bus, the Operator will exercise
good judgment in selecting a safe Bus Stop.
Bus Stop signs are placed at the location where Riders board the front door of the bus. It serves as a
guide for the Operator to posltlon the bus at the Bus Stop. Bus Stop signs are installed perpendicular (or
at a right angle) to the travel lane and centered on channels Installed at a depth not to exceed three feet.
The bottom of the sign shall be at least seven feet above surface level. The edge of the sign shall be at
least two feet and no more than eight feet from the back-face of the curb so as to be visible to the
operator.
Curb k auttor Sldowalk DoLaohad fnm Cur,
Cutb h OU(tW
Wid. Sldawalk A1taoh.d to CurC
3' min Sidewalk width
other ADA ruler may apply
For rural areas with flush travel lane shoulders, the minimum distance varies with the design speed of the
travel lane.
Trees, buildings or other signs should not obstruct the Bus Stop signs. Conversely, Bus Stop signs
should not obstruct the motorist's view of traffic control signs.
Bus Stops will not be located closer than twenty feet from a drainage structure opening or flfteen feet from
a fire hydrant or disabled parking space. Slgns, placements, anchors, and markers shall conform to Palm
Beach County Standards (T-P-99-001)
TCRP Report 12, Guidelines for Transit Facility Signing and Graphics, suggests the use of 2-inch
character height route numbers for Bus Stop signs mounted up to 80-inches above the surface and 3-inch
character height for signs thereafter. If more than five routes serve a stop, a second signboard should be
mounted on the channel or an additional Bus Stop sign posted.
3.3.2 Transit Service Area
The Transit Service Area extends onequarter mile from each side of the bus route. This is the area In
which most Riders can easily walk to Transit. Palm Tran considers all residential and commercial
developments withln this area adequately served.
36
ImTran TRANSIT DESIGN MANUAL
OPERATION DESIGN
3.3.3 Spacing
In determining the spacing of Bus Stops, comparable stops adjacent to regular stops are desirable.
When this is not practical, the number of temporary Bus Stops should be kept to a minimum but still
provide the maximum Rider convenience. Mitigating considerations include senior citlzenlhandicapped
residences and activities.
Central Business District (every 2 blocks) 0.6 - 0.2 miles
Urban (ave 0.1 miles) 0.1 - 0.2 miles
SuburbadResIdential (ave 0.2 miles) 0.1 - 0.5 miles
Rural (Intersections or attractors) 0.1 - 0.5 miles
300 - 1000 feet
500 - 1200 feet
600 - 2500 feet
650 - 2640 feet
3.3.4 General Considerations
While in service, buses generally stay in the right lane, except to turn left from a multi-lane roadway or to
pass a stalled vehicle or very slow moving traffic. Operators must make sure before moving into the lefl
lane that Riders waiting for to catch their bus are not missed.
Bus Stops types can be categorized by their relationship or location to the travel intersection:
Mid Block-between two intersections
Near Side-immediately prior to passing through an intersection
Far Side-immediately after passing through an intersection
Right-turning lane treatments at intersections traditionally negate near side stops.
3.3.5 Near Side
37
TRANSIT DESIGN MANUAL
OPERATION DESIGN
3.3.6 Far Slde
Minimizes conflicts with right-turning vehicles I May block intersection during peak period traffic
a I, __1_1?*?____1 ..%_LI 1. __I__ . - . -.a*. . I. -1. .. I nituws aaaitiuriai rignr-rurning capacity oeiore
I intnrsnctinn I May obscure line of sight for crossing vehicles I
Minimizes sight distance concerns when May obscure line of sight distance for crossing
approaching an intersection pedestrians
May require double stopping (before and after Encourages pedestrians to cross behind the bus intersection to Serve Bus Sto
Allows Operators to use the width of the May rear-end intersection as a deceleration lane
Allows Operators to use gaps in traffic created by May restrict or chock travel lanes on far side of I the traffic signal I intersection I
3.3.7 Mld-Block
Minimizes motorist and pedestrian line of sight Requires additional no-parking restrictions at Bus
concerns Stop
Minimizes cross street pedestrian congestion Encourages Rider street crossing (or jaywalking)
Increases walking distance from intersections
38
Im TRANSIT DESIGN MANUAL
STREETSIDE INFRASTRUCTURE Tmn
4.0 STREETSIDE INFRASTRUCTURE
Street side Infrastructure are those features street side of the Bus Stop and usually associated with the
bus operations Interface with a Bus Stop and should not be confused with Curbside Infrastructure which
are discussed in the next chapter.
4.1 BUS STOP ZONE
The Bus Stop Zone is that designated area along a route associated with Rider boarding and alighting. It
includes everything street side of the Bus Stop to include accelerationldeceleration distances to/from a
Bus Stop and the associated lane treatments. Travel lane designed speed and the number of buses
serving a Bus Stop will lengthen the linear dimensions required.
Bus Stop Zone Types can be categorized by their relationship to the travel lane. (Each has its own unique
requirements and speclflcatlons):
Curbside-shared common area with the travel lane and usually requires minimal special lane
treatments (parking restrictions)
Bus Bay-separate lane segment adjacent to the travel lane (turnout or pullout)
Off-street Facillties-specialized designated area distinct from the travel lane with separate
Ingress and egress (Park-N-Ride or Transit Center)
4.2 CURBSIDE
Curbside Bus Stop Zones are the most prevalent. All are located along the travel way, identified by Bus
Stop signs, and generally require parking restrictions adjacent to the curb or flush shoulder. Their
spacing or frequency affect bus running time and traffic flow. Therefore, unnecessary stops should be
avoided.
Although there are no absolute rules or criteria for this choice, factors for consideration include:
Potential Ridership
Rider origin and destination
Pedestrian access
Adjacent land use and activities
Intersection geometries
Parking restrictions and requirements
Traffic control devices
Physical roadside constralnts (trees, poles, driveways, etc.)
Intersecting Transit routes
Curbside Bus Stop Zones can further be delineated as:
In-line
Bulb or Nub
39
Im Tran TRANSIT DESIGN MANUAL
CU RBSl DE INFRASTRUCTURE
5.2 ACCESSIBILITY GUIDELINES
The influence of ADA access mandates a direct and Impervious path between the curb, sidewalk, and
Bus Stop for both ambulatory and physically Impaired Riders. Mobliity impediments include cluttered sites
that have an abundance of vending machines, bike stalls, trash receptacles and undeveloped rlghts-of-
way that lack sidewalks. This manual does not purport to outline ADA standards BUT ONLY provide
general guidelines.
The Americans with Disabilities Act of 1990 (ADA) is broad legislation intended to make American society
more accessible to people with disabilities. Titles II and Ill (public services and public accommodations)
affect Bus Stop planning, design, and construction. Although the definition of disability under the ADA is
broad, Bus Stop placement and design most directly affect persons with moblllty and vlsual Impairments.
These impairments, which relate to the more physical aspects of bus stop accessibility, have received the
most attention.
Making new Bus Stops conform to ADA physical dimension requirements is relatively easy. Modifying
existing Bus Stops to comply with ADA, though desirable from an accessibility perspective, is nnf required
under ADA. Modification of existing stops is more difficult, especially if the stops are at sites with limited
easement or not subject to the transit agency's control, suth as shopping malls, on rights-of-way, or
suburban subdivisions.
The ADA, however, is concerned with more than physical dlmensions. It also involves accessibility from
the point of origin to the final destination. For example, to get to the Bus Stop, individuals with llmlted
mobility or vlsion need a path that is free of obstacles, as well as a final destination that is accessible. A
barrier-free Bus Stop, bench or shelter is of little value if the final destination is not accessible. Although
all Palm Tran buses are ADA accessible, full accessibility is more difficult to achieve when different
organizations are responsible for different portions of the path (which is usually the case). Either way, the
"equal access" provisions of the ADA require that the route for persons with limited mobility or vision be
as accessible as the route used by those without disabilities. A person with disabilities should not have to
travel further, or use a roundabout route, to get to a designated area.
Basic aspects of design exist that encourage accessibility and are applicable to most situations. Specific
dimensions are available from several references, some of which are listed in Appendix A: Fesourca
and Reference s as well as Appendix 6: On-The-Web. Also see Appendix D:
CI ARlFlCATlON OF ADA AFFECTING TRANSU: . Some general design considerations Involve
obstacles, surfaces, signs, and telephones.
5.2.1 Obstacles
Examine all the paths planned from the alightlng point at the Bus Stop to destinations off the Bus Stop
premises. Determine whether any protrusions exist that might restrict wheelchair movements. If
protrusions exist and they are higher than 27 inches andlor lower than 80 inches, a person with vision
impairment may not be able to detect an obstacle (such as a phone kiosk) with a cane: A guide dog may
not lead the person with the impairment out of the path. Although it may not be Palm Tran's responsibility
to address accessibility problems along the entire path, an obstacle anywhere along the path may make It
inaccessible for some Riders with disabilities.
5.2.2 Surfaces
Surfaces must be stable, firm, and slipresistant. Such provisions are beneficial for all Riders, but
especially for those who have disabilities. Avoid abrupt changes in grade, and bevel those that cannot be
eliminated. Any drop greater than 1/2 inch or surface grade steeper than 1:20 (5%) requires a ramp.
57
JmTran TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
5.2.3 Signs
Signs providing route designations, bus numbers, destinations, and access information must be designed
for use by Riders with vision impairments. Specific guidelines are given for these signs in Section 4.30 of
Americans with Dlsabilitles Act, Accessibility Guidelines for Buildings and Facllities (ADAAO). In
some cases, two sets of signs may be needed to ensure visibility for most users and to asslst users with
sight limitations. Route maps or timetables are not required at the stop, though such information would be
valuable to all passengers.
5.2.3 Telephones
Telephones at Bus Stops are not required under ADA, but If telephones are in place, they must not
obstruct access to the facility and must be suitable for users with hearing impairments. At least one phone
must be accessible for wheelchair users. Telephone directories must also be accessible.
5.2.3 Accessible Route
There should be a clear path to the entrance of any building that is accessible. it should serve all parking,
Transit, loading zones, sidewalks and streets. it should be at least 3Sinches wide and where turns are
required be 36 to 6Ginches wide depending on the shape of the turn. Requirements for curb cuts, ramps,
parking, and slope are important considerations. (See ADAAG paragraphs 4.3.3 and 3.3.4)
5.2.4 Setbacks
Available right-of-way can significantly influence the location and number of Rider Infrastructure that can
be constructed at a site. Items commonly found in the right-of way, such as the edge of the curb,
sidewalk, landscaping, and utility poles can influence the size and positioning of a Bus Stop and the
number of Infrastructure that can be placed at the site for our Riders. Different street-side stop designs,
such as bus bays, can also place additional constraints on space availability. Many of the Bus Stop sites
compromises between needed Infrastructure and the space available in the right-of-way.
Florida Statutes (FS 337.408), which covers the regulations of benches, shelters, and waste receptacles
within rights-of-way, specifies that they:
... may not Interfere with right-of-way preservation and malntenance.
A significant number of accidents involve vehicles leaving the roadway and either overturning or colliding
with a fixed object. Clear zones are established to provide the necessary recovery area and minimum
pedestrian safety.
FDOT and Palm Beach County conform to the same general setback requirements for the location of
Curbside Infrastructure. The following are the general guidelines:
For travel lanes with a curb and gutter travel lane-maintain a minimum four-foot separation
between the Infrastructure and the back-face of the curb
For travel lanes without a curb and gutter travel lane-maintain a minimum sixteen-foot clear zone
separation between the infrastructure and the flush shoulder of the travel lane. Greater distances
may be required for increased design speeds and AADT. 2bfoot is recommended. The
following table outlining the clear zone recovery associated with design speeds (extracted from
the "Florida Greenbook") is the standard for FDOT and Palm Beach County.
58
TRANSIT DESIGN MANUAL
CU RBSl DE INFRASTRUCTURE
Urban Rural (measured from edge of travel lane)
Design Speed Curb 81 Gutter Local Collector Arterial ADT < 1500 ADT 21500
(MPH) from curb face
<25 I 2 16 I I
30 4 161 10 I 14 t 35 4 16 10 I 14
40 4 10 14 I 1 I 45 I 4 I I~ I 14 I 18
50 I 14 18
55 I I I I 18 I 24
>60 18 30
e
e
0
0
5.2.7
Curved highway alignments require additional widths and should be avoided.
Developer designed Infrastructure will not be installed within FDOT or Palm Beach County right-
of way without securing written agreement.
Infrastructure other than Bus Stop signs and Route Information signs will be installed behind any
existing sidewalk (and not on the sidewalk). Infrastructure requiring a horizontal concrete slab
(benches and shelters) will Install the slab horizontally and vertically flush with the existing or
proposed sidewalk.
Infrastructure providers under contract with Palm Beach County (and Palm Tran) within the limits
of the agreement may install specified Infrastructure in the landscape buffer between the sidewalk
and the right-of-way boundary in Unincorporated Palm Beach County. Separate agreements with
private property owners and local jurisdictions are required outside of right-of-way and
unincorporated limitations.
No Infrastructure shall be placed in the median of any divided highway
Guardrails
When a guardrail runs parallel to a travel lane with an officially designated Bus Stop, an opening no
greater than five-foot wide should be created lo provide pedestrian and vehicular protection in
accordance with FDOT standard regulations. An ADA compliant landing pad should also be installed to
provide access to the bus. The opening should have reasonable proximity and access to a signalized
intersection andlor crosswalk. Bus Stops (and Landing Pads) should not be placed in areas that might
impede swale drainage. A bio-barrier should be installed in areas where trees are planted adjacent to the
sidewalk.
59
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
5.2.8
A bus stop boarding and alighting area, also known as a waiting area or accessory pad, is the area at a
Bus Stop provided for Riders and can contain a bench andlor a shelter. Infrastructure, such as trash
receptacles or bike racks, can also be located in the waiting area. Waiting area size dependent on:
Waking Area (or Accessory Pad)
*
Length of the bus
Setback requirements
Length and width of shelters and benches
Clearance requirements for street furniture
Location of wheelchair lift extension
Given the varying size and door placement of Palm Tran’s fleet, a standard ten-foot depth by thirtyfoot
length waiting area is recommended for each Bus Stop. An addltional flfty-foot length is required for each
additional bus expected to simultaneously stop at the Bus Stop.
The waiting area is usually separated from the sidewalk to preserve general pedestrian flow. It is
generally recommended that 5-feet of clearance be preserved on sidewalks to reduce potential
pedestrian conflicts and limit congestion during boarding and alighting. The pad can be located on either
side of the sidewalk, depending on available right-of-way space, setback requirements, utility poles, or
buildings. In either case, a paved surface Is desired (but not required) between the waking area and the
back-face of the curb to enhance access and comfort.
ADA mobility guidelines should be followed when street furniture is included on a waiting area. A waiting
pad should accommodate a 5-foot (measured parallel to the street) by 8-foot (measured from the back
face of the curb) wheelchair lift clear zone (or landing pad) that is free of all street furniture and
overhangs. The paved ADA compliant wheelchair lift clear zone is required in all waiting areas where
shelters are installed.
Waiting areas may be defined with brick pavers, and additional space may be provided at the waiting
area to install a bench or shelter depending on need. Landscaping may also be installed during
construction to provide shade trees for waiting Riders. There is a need to coordinate Bus Stop locations
and improvements with other street projects. By coordinating with other street projects, Palm Tran has the
opportunity to update and improve an existing Bus Stop or install a new Bus Stop at developing locations.
The Bus Stop is considered an important element of the overall streetscape. - T
Building Edges
D O <-. Vehicles
/
5’ x 8’ Wheelchair UIt Clear Area
I I I I I I I Y
60
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
Farside Bulb 1
Store Fronts
h
6'~8'Wheelchair
Lift Clear Area
61
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
L.1U.I L...
62
ImTran TRANSIT DESIGN MANUAL
CURBS1 DE INFRASTRUCTURE
5.3 RIDER
The following general guidelines are recommended for the selection and placement of Rider
Infrastructure:
Riders should be able to see approaching buses from the Infrastructure, the Infrastructure from
the approaching bus and be seen by passing traffic
The Infrastructure should have reasonable and sufficient inclement weather protection
0 As close as possible proximity to the Bus Stop so as to provide quick access to the bus doors and
to be highly visible to approaching buses and passing traffic. Typically:
o
o
In front of the Bus Stop in the bus' travel dlrection, and
Outside the buffer zone between the travel lane and the Bus Stop sign
Minimum threafoot clearance (or circulation space) around the Infrastructure and an adjacent
sidewalk to provide for unrestricted pedestrian traffic. If located adjacent to a building, the design
should include a twelve-inch clear space to permit trash removal and cleaning.
Infrastructure ingress and egress should be oriented toward the street and ADA accessible
Pedestrian and Vehicular sight distance will not be impaired
Adequate street lighting is essential
Provisions for prominent display of Route Information Signage
Florida Statutes (FS 337.408), which covers the regulations of benches, Transit shelters, and waste
disposal receptacles within rights-of-way, specifies that:
(1) Benches or Transit shelters, including advertising displayed on benches or
Transit shelters, may be installed within the right-of-way limits of any municipal,
county, or state road, except a limited access highway; provided that such
benches or Translt shelters are for the comfort or convenience of the general
public, or at designated stops on official bus routes; and, provided further, that
written authorization has been given to a qualified private supplier of such service
by the municipal government within whose Incorporated limits such benches or
Transit shelters are installed, or by the county government within whose
unincorporated limits such benches or Transit shelters are installed. A
municipality or county may authorize the Installation, without public bid of
benches and Translt shelters together with advertising displayed thereon, within
right-of-way limits of such roads ...
(2) Waste disposal receptacles of less than 110 gallons in capacity, including
advertising displayed on such waste receptacles, may be installed within the rlght-
of way limits of any municipal, county, or state road, except, a limited access
highway; provlded that written authorization has been given to a qualified private
supplier of such service by the appropriate municipal or county government. A
munlcipallty or county may authorize the Installation, without public bid of waste
disposal receptacles together with advertising displayed thereon, within right-of-
way limits of such roads.. .
63
ImTran TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
5.3.1 Signage
Proper signage is an important element of good Transit service. It provides a source of information to our
Riders and Operators regarding the location of Bus Stops, Park-N-Rides, schedule information, etc. and
is an excellent marketing tool to promote Transit use. The more people are aware that a convenient,
effectlve servlce exists, the greater the likelihood that they will use it.
5.3.2 Benches
The following are the minimum Palm Beach County design criteria for Transit benches:
Durable, vandal-resistant, low maintenance and remain structurally sound with a minimum ten-
year usable life expectation.
Seating for at least three adults and shall be designed to minimize vandalism, graffiti and tipping.
Anti-vagrant bars are preferred. Seating shall be secured to the concrete pad.
Seatlng area shall be a high density material design so as to allow water to draln, and shall be
properly sealed to assure resistance to the elements.
The bench backrest shall not be greater than six-feet In length nor two-feet in height (18-inch
minimum) and shall also be a high density design material properly sealed (or treated) to assure
resistance to the elements
Withstand current wind loads code requirements. A registered engineer licensed in the State of
Florida shall sign design calculations. Anchoring technique shall be specified and allow for
minimal effort to remove and reinstall the bench.
Full compliance with the Federal Americans With Disabilities Act of 1990 as amended and
regulations thereto (49 CFR Part 37, Appendix A.) to include but not limited to obstacles,
surfaces, signage, telephones, wheelchair lift clear area (or landing pad) free of all street furniture
and overhangs, ramp and pad accessibility, curb cuts and sidewalk modifications.
Bench foundation base shall be a reinforced concrete slab at least four-inches thick extending
four-inches beyond the bench "foot-print". Although not required by ADAAG, if provided, any
accompanying paved ramp or wheelchair pad must be compatible with ADA, ANSI, and above
standards. A maximum 2% slope perpendicular to the roadway Is allowed for drainage.
A trash receptacle of commercial design shall be installed adjacent to the bench. The trash
receptacle may be either freestanding or pedestal mounted with a plastic liner with a capacity of
at least five gallons.
Preserving minimum circulation guidelines, coordinating with existing landscaping, and providing
additional waiting areas can improve bench and site utilization. The following additional bench placement
guidelines are recommended:
Avoid locating benches in completely exposed locations. Coordinate bench locations with existlng
shade trees if possible. Otherwise, install landscaping to provide protection from the wind, sun,
rain, and other elements.
coordinate bench locations with existlng streetlights to increase visibility and enhance security at
a Bus Stop.
Avoid locating benches in undeveloped areas of the right-of-way.
64
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
Locate benches away from driveways to enhance Rider safety and comfort.
Do not install the bench on the 5-foot by 8-foot wheelchair lift clear area (or landing pad)
Location of the proposed Transit bench must be at a current or proposed Palm Tran Bus Stop on an
existing or proposed Palm Tran route meeting at least one of the following:
Tri-Rail Station
Designated Park-N-Rlde Lot
Transfer Point for Palm Tran Bus Riders
Major Transit Generator or Activity Centers (malls, hospitals, schools, shopping centers,
governmental centers)
End of the line or scheduled bus recovery location
Major arterial or thoroughfare intersection
High density urbanized locatlon
Special Consideration Facilities (senior citizen centers, clinics, nutritional centers, welfare
facilities)
Two factors that greatly influence the use of benches are crowding at a site and the environment at a Site.
Crowdlng limits Rider chokes about sitting and waiting, and forces Riders to wait around, rather than at
the Bus Stop, Uncomfortable Bus Stop environmental conditions, such as rain, heat and sun, can also
discourage use of the bench.
/\\ Trash
3' Minimum Circulation Space
Construct with NonSiip
Concrete or Asphalt L
65
ImTran TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
I 41.0 I I I I 41.0 72.0
14.0
i 48.0 1
4.0 I
Identifies Bus Stop Graffiti potential
Low Cost Infrastructure
66
*% PalmTran TRANSIT DESIGN MANUAL
CU RBSl DE INFRASTRUCTURE
5.3.3 Shelters
The followlng are the minimum Palm Beach County design criteria for Translt shelters:
Durable, vandabresistant, low maintenance and remain structurally sound with a minimum ten
(IO) year usable life expectation
Standing seam peaked roof design with an insulated roof (sandwiched rlgld foam with aluminum
covering) elther attached to and conforming to the roof pitch or installed so that the insulation
creates a flat ceiling no less than 7' 6" in height. Roof drainage and scuppering shall be to the
rear or sides of the shelter. (Note: A flat roof will not be acceptable.)
Withstand current wind loads code requirements. A registered engineer licensed in the State of
Florida shall sign design calculations. Anchoring technique shall be specified and allow for
minlmal effort to remove and reinstall the shelter.
Three sides (the back may be modifled to allow wheelchair access) and an open front with
sufficient roof coverage to protect the Riders from the elements. Rain angle Is assumed to be 30
degrees from vertical
Seating for two adults and space for one wheelchair and shall have anthagrant bars. Seating
shall either be secured to the concrete pad or to the shelter.
Full compliance with the Federal Americans With Disabilities Act of 1990 as amended and
regulations thereto (49 CFR Part 37, Appendix A,) to include but not limited to obstacles,
surfaces, signage, telephones, wheelchair lift clear area (or landing pad) free of all street furnlture
and overhangs, ramp and pad accessibility, curb cuts and sidewalk modifications.
Shelter foundation base shall be a reinforced concrete slab at least six-inches thick extending six-
inches beyond the shelter "foot-print" with a compatible paved ramp from the Bus Stop to the
shelter. Suitable alternatives may be considered if they meet the ADA, ANSI, and above
standards. A maximum 2% slope perpendicular toltoward the roadway is allowed for drainage.
Minimum clear floor area 30-inches wide by 48-inches deep entirely within the perimeter of the
shelter to permlt wheelchalr or mobility aid user access.
A trash receptacle of commercial design shall be installed adjacent to the shelter. The trash
receptacle may be either freestanding or pedestal mounted with a plastic liner with a capacity of
at least twenty gallons and no more than fifty gallons.
Additlonal physical location criteria include:
Minimum distance of two feet between the back-face of the curb and the roof or panels of the
shelter to permit clear passage of the bus and its side mirror.
The shelter should be located as close as possible to the end of the Bus Stop zone so it is highly
visible to approaching buses and passing traffic. The walklng distance from the shelter to the bus
should also be minimized
Locating shelters in front of store windows should be avoided when possible so as not to interfere
with advertisements and displays.
When shelters are directly adjacent to a building, a 12-inch clear space should be preserved to
permit trash removal or cleaning of the shelter.
67
ImTran TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
Location of the proposed Transit shelter must be at a current or proposed Palm Tran Bus Stop on an
exlstlng or proposed Palm Tran route meeting at least one of the following:
TrCRail Station
Designated Park-N-Ride Lot
Transfer Point for Palm Tran Bus Riders
Major Transit Generator or Activity Centers (malls, hospitals, schools, shopping centers,
governmental centers)
High density urbanized location
End of the line or scheduled bus recovery location
Major arterial or thoroughfare intersection
Special Consideration Facilities (senior citizen centers, clinics, nutritional centers, welfare
facilities)
Ideally, the final location of a shelter should enhance the circulation patterns of Riders, reduce the amount
of pedestrian congestion at a Bus Stop, and reduce conflict with nearby pedestrian activities. The location
of the curb and sidewalk and the amount of available rlght-of-way are determining factors for locating a
shelter.
Example 1
Mlnlmum Clear Floor Area
(30" Wlde x 48" Deep) entlrely wlthin
helter to permlt
mobility aid user access
90" Minimum
IbkhIS~PadkmIbl or *lULlYrhhhR*n Ink
$*MI Mrr I Sda CLm
68
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
Example 2
Accessible Bus Stop Pad & Shelter
Minimum Dimensions
90" Minimum
Mlnimum Clear Floor keb (2'4 Vide by 4' Deep) EnUrelj within Parirnehr of Shelter to Permlt Whcalohalr
or Mobility Aid User Acceaa
Note: Bus Stop Pad Must be Clear of UUlltj Poles. Fire Hydrants, Street Furniture or Simllar Obstacles
vCurb Edge
\
\ Not to Scale
69
I
ImTran TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
5.3.4 Kiosks
An alternatlve to advertising panels placed directly on shelters is advertising kiosks located in close
proximity to the shelter, as part of the shelter, or stand-alone without a shelter. If located with or in
proximity of a shelter, the form, color, and material must be similar to the adjacent shelter. Kiosks also
create addltional shade during the morning and evening hours.
The following are the minimum Palm Beach County design criteria for Transit kiosks:
Durable, vandal-resistant, low maintenance and remain structurally sound with a minimum ten-
year usable life expectation
Free standing detachable display with side panel width no larger than fivefeet. The maximum
side panel advertising display will measure 6-feet in height x 4-feet in width.
If multiple panel kiosk-a standing seam peaked roof design conforming with the shelter deslgn
standard so that the height of the advertising panel is no less than 7' 6" in height. (Note: A flat
roof will not be acceptable). If single panel (maybe double sidedFno roof design required.
Kiosks may be incorporated into the shelter design provided that the shelter design specifications
are not jeopardized.
The angle of the forward facing panels from the curb or flush surface of the roadway or travel lane
will be equal to 180-degrees divided by the number of panel sides.
Withstand current wind loads code requirements. A registered engineer licensed in the State of
Florida shall sign design calculations. Anchoring technique shall be specified and allow for
minimal effort to remove and reinstall the kiosk.
Full compliance with the Federal Americans With Disabilities Act of 1990 as amended and
regulations thereto (49 CFR Part 37, Appendix A.).
Kiosk foundation base shall be a reinforced concrete slab at least six-inches thick extending six-
inches beyond the kiosk "foot-print" with a compatible paved ramp from the Bus Stop to the Kiosk.
Suitable alternatives may be considered if they meet the ADA, ANSI, and above standards. A
maximum 2% slope perpendicular to the roadway is allowed for drainage.
A trash receptacle of commercial design shall be installed adjacent to the kiosk. The trash
receptacle may be either freestanding or pedestal mounted with a plastic liner with a capaclty of
at least twenty gallons and no more than fifty gallons.
Additional physical location criteria include:
Minimal walking distance from the kiosk to the Bus Stop.
Kiosks will be located downstream of the traffic flow to permit full view of the Bus Stop from
passing traffic and Operators.
70
nTran TRANSIT DESIGN MANUAL
CURBS1 DE INFRASTRUCTURE
Location of the proposed Transit kiosk must be at a current or proposed Palm Tran Bus Stop on an
existing or proposed Palm Tran route meetlng at least one of the following:
TriiRail Station
Designated Park-N-Ride Lot
Transfer Point for Palm Tran Bus Riders
Major Transit Generator or Activity Centers (malls, hospitals, schools, shopping centers,
governmental centers)
End of the line or scheduled bus recovery location
Major arterial or thoroughfare intersection
High density urbanized location
Special Consideration Facilities (senior citizen centers, clinics, nutrltlonal centers, welfare
facilities)
Maintained by Advertising Agency
5.3.5 Route Information Slgns
I Compatibility Issues
Route information, such as maps and schedules, is an Infrastructure that Is quite valuable to Riders.
Information can be displayed in various ways.
The Bus Stop sign provide minimal information on location and routes served.
Route Information Sign holders are included at sites with large passenger volumes, scheduled time points
and timed transfer locations. 8.5-inch x 14-inch Route Information Signs are inserted into information
holders attached to Bus Stop sign channels at all time points and high usage stops. The information
holders should be between 4(linches and 54-inches above the surface. Typlcal information contained on
the Route Information Signs includes:
RouteMap
Customer Service Telephone Number
Scheduled times for Route(s) at that time point.
Interior panels of shelters and kiosks also can be used for posting route and schedule information. Side
panels may be large enough to display the entire system map and can include backlighting for display at
night.
Communicates General Transit Information and High Maintenance Required to Update Route and
Schedule Information
5.3.6 Leaning Rail
Limited space Bus Stops that do not have enough space for a bench or shelter may utilize leaning rails.
This is any structure that allows Riders to recline in a standing position. Walls are another substitute.
They should not encourage or provide opportunities for loitering or vagrancy. Rails must conform to
setback requirements.
The following are the minimum Palm Beach County design criteria for Transit Leaning Rails:
71
TRANSIT DESIGN MANUAL
CU RBSl DE INFRASTRUCTURE
Durable, vandal-resistant, low maintenance and remain structurally sound with a minimum ten-
year usable life expectation
Design of the rail shall minimize protrusions or appendages that may snag, tear, or catch clothing
or pose a safety hazard.
Withstand current wlnd loads code requlrements. A registered englneer licensed In the State of
Florida shall sign design calculations. Anchoring technique shall be specified and allow for
minimal effort to remove and reinstall the leaning rail.
Full compliance with the Federal Americans With Disabilities Act of 1990 as amended and
regulations thereto (49 CFR Part 37, Appendix A,).
Leaning rail foundation base shall be a reinforced concrete slab at least four-inches thick
extending four-inches beyond any vertical rail "foot-print".
The height of the leaning rail shall be between 32 and 36-Inches above the flnlshed surface.
A trash receptacle although not required is suggested. If provided, it shall be of commercial
design shall be installed adjacent to the leaning rail. The trash receptacle may be either
freestanding or pedestal mounted with a plastic liner with a capacity of at least twenty (20) gallons
and no more than fifty gallons.
Additional physical location criteria include:
Minimal walking distance from the leaning rail to the Bus Stop.
Located on the periphery of the waiting area.
5.3.7 Vending Machines
Vending machines can provide Riders with reading material while they wait for the bus. They can be
undesirable for many reasons:
The machines are often poorly maintained and reduce the amount of room for mobility and
waiting.
Trash accumulates at Bus Stops with vending machines and removal is timeconsuming and
costly.
The existence of vending machines at or near Bus Stops is neither encouraged nor discouraged by Palm
Tran. More often, it is a result of newsprint companies aggressively pursuing a high-profile site.
The following are the minimum Palm Beach County design criteria for Transit vending machines at Bus
stops:
If authorized in the right-of-way, they must meet setback requirements.
ADA mobility guidelines shall be followed for Improved site circulation (e.g., the location of the
vending machines should not obstruct the wheelchair landing pad area).
They shall not be located in or obstruct access to the Bus Stop waiting area (minimum 50-foot
radii).
Vendor provided and maintained trash receptacles should be included.
72
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
Vending machines at Bus Stop should be anchored to the ground to reduce vandalism.
Infrastructure for Waiting Riders Increased Trash Accumulation
May Detract from Visual Appearance of Slte
Reduces Circulation %ace
Prone to Vandalism
5.3.8 Bicycle Storage
Bicycle storage facilitles, such as bike racks, may be provided at Bus Stops for the convenience of
bicycllsts uslng Transit. Designated storage facilities discourage bicycle riders from locking bikes onto the
bus facilities or on an adjacent property. Proper storage of bicycles can reduce the amount of visual
clutter at a Bus Stop by confining bikes to one area. Recommendations regarding bicycle storage Include:
The followlng are the minimum Palm Beach County design criteria for bicycle storage:
Paved access to the Bus Stop and construct the waitlng area with non-slip concrete or asphalt
that is properly drained.
Durable, vandal-reslstant, low maintenance and remain structurally sound with a minimum ten-
year usable life expectation.
Design of the storage facility shall minimize protrusions or appendages that may snag, tear, or
catch clothing or pose a safety hazard. Locate the storage area away from other pedestrian or
Rider activities to improve safety and reduce congestion,
Withstand current wind loads code requirements. A registered engineer licensed in the State of
Florida shall sign design calculations. Anchoring technique shall be specified and allow for
minimal effort to remove and reinstall the storage facility.
Full compliance with the Federal Americans With Disabilities Act of 1990 as amended and
regulations thereto (49 CFR Part 37, Appendix A.).
Bike storage facility (or bicycle rack) foundation base shall be on a reinforced concrete slab at
least four-inches thick extending four-inches beyond any vertical rail "foot-print".
The height of the bicycle rack shall not exceed 48-inches above the finished surface.
A trash receptacle although not required is suggested. If provided, it shall be of commercial
design shall be installed adjacent to the leaning rail. The trash receptacle may be either
freestanding or pedestal mounted with a plastic liner with a capacity of at least twenty gallons and
no more than fifty gallons.
Additional physical location criteria include:
Minimal walking distance from the storage facility to the Bus Stop.
Located on the periphery of the wailing area.
Do not locate the storage area where views into the area are restricted by the shelter,
landscaping, or existing site elements, such as wak.
73
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
Coordinate the location of the storage area with existing on-site lighting.
Many prefabricated storage methods are available, however, as bicycle prices have escalated in recent
years, Interest has grown in storing bikes in completely enclosed containers called bike lockers or taking
bikes on the bus (BOB). Bicycle storage is associated with the commuter market and should be installed
when demand warrants, which is primarily at major suburban stops.
5.3.9 Trash Receptacles
5'-8 l/X. 1- (>/A WIIH ---I Trash receptacles at well used Bus Stops encourage Riders and other
passer-by pedestrians to deposit their trash instead of littering and creating
an unsightly area for the community. The developer should realize that
installation must come with a commitment for regularly scheduled pick-up
and removal. Overflowing receptacles are far more unsightly than
occasional litter and will dlsturb the neighborhood just as much, if not more.
blcycie storage facilities. See the above listed Infrastructure for related TraSh
Palm Tran requires trash receptacles at all Bus Stop waiting areas where
benches, shelters, and kiosks are located. Trash receptacles are strongly
encouraged at waiting area with leaning rails, vending machines and
requirements.
Trash receptacles can Improve the appearance of a Bus Stop by providing
a place to dispose of trash. Not ail Bus Stops require trash receptacles.
Low ridership may not justify the inclusion of this Infrastructure; however,
Receptacle 11 litter at a site may warrant the inclusion of a trash receptacle. END LLEVAllW
I' I-
+
Problems can arise when the receptacles are not regularly maintained or when the Bus Stop is next to a
land use that generates considerable trash such as convenience stores and fast food restaurants. in such
cases, Palm Tran desires to work with these establishments to define maintenance responsibilities for the
Bus Stop and the area around the businesses.
Recommendations regarding installing a trash receptacle at a Bus Stop include:
. Anchor the receptacle securely to the ground to reduce unauthorized movement.
. Locate the receptacle away from wheelchair landing pad areas and allow for at least a bfoot
separation from other street furniture. Receptacles may be attached to a bench or shelter when
included in the design.
. Locate the receptacle at least 2-feet from the back of the curb (further to meet setback
requirements).
. Ensure that the receptacle, when adjacent to the roadway, does not visually obsbuct nearby
driveways or land uses.
. Avoid installing receptacles that have ledges or other design features that permit liquids to pool or
remain near the receptacl-this may attract insects.
. Avoid locating the receptacle in direct sunlight. The heat may encourage foul odors to develop.
74
TRANSIT DESIGN MANUAL
CURBS1 DE INFRASTRUCTURE
5.3.10
~~~ Ides Place To Dlscard Trash ~ I High Maintenance and Cost I May Be Used By NonRiders (fast food1 Keeps Bus Stop Clean I I Environmental Concerns I
Shopping Center Cart Storage
A phenomenon frequently observed at Bus Stops located adjacent to commercial shopping centers is the
accumulation of shopping carts. Because such Bus Stops normally do not have storage facilities for
shopping carts, carts often litter the area around the stop and along the sidewalk accessing the stop. The
sight of haphazardly placed shopping carts around a Bus Slop is visually unappealing and can block
sidewalk access.
Because the shopping carts are generated by the shopping center, agreements should be made between
the land owner and Palm Tran to remove the carts regularly. Frequently, however, the time between
removals is too long and shopping carts accumulate at a Bus Stop. One solution is to install a storage
facility near the Bus Stop to prevent random storage In and around the stop. Factors affecting installation
of a storage facility include the location of the sldewalk, available right-of-way, utilities, landscaping,
terrain, and cost. Any cart storage facility should follow the general site circulation guidelines above,
adhere to applicable ADA requirements, and remaln clear of the sidewalk, wheelchair landing pad area,
and Bus Stop Zone Waiting Area.
5.3.1 I Pay and Emergency Telephones
The local telephone utility may be Interested in installing a public phone at particular well utilized Bus
Stops. Riders may find telephone service at the stop more convenient than having to search for a pay
phone and possibly missing the bus. The increase of vandalism and cellular phones may negate any
interest.
Phones at Bus Stops offer many potential benefits for Riders. They can make personal and emergency
calls while waiting for the bus. Phones also can provide real-time bus arrival information. Palm Tran does
not have explicit policies regarding the installation of phones at Bus Stops.
When locating a phone at a Bus Stop, the following guidelines should be considered:
. Follow general ADA site circulation guidelines.
Separate the phone and the Bus Stop Zone waiting area by distance when possible.
Rider Convenience
Customer Service Accessibility
I May Encourage Loitering I May Encourage illegal Activities
75
TRANSIT DESIGN MANUAL
CURBSIDE INFRASTRUCTURE
5.3.12 Landscaping
Installation of trees and general landscaping at Bus Stops can enhance envlronmental comfort They
should be coordinated with the placement of other Infrastructure. Landscaping provides additional
aesthetic value and shade serves a necessary function in South Florida. Bus Stops with limited natural
protection should be improved to enhance Rider comfort. Landscaping that blocks visual access at a Bus
Stop should be avoided or at least regularly trimmed. Drought tolerant plants and techniques (such as
mulching) should be used.
5.3.1 2 Lighting
Proper lighting at Transit facilities Is required for safety and security. A poorly lit Bus Stop may not be
used at night, if the potential Rider perceives it as unsafe. Street lighting must be consistent with ADA,
FDOT, and Palm Beach County guldellnes.
Lighting affects Rider perception of safety and security at a Bus Stop, as well as the use of the site by
nonriders. Good lighting can enhance a waiting Rider's sense of comfort and security; poor lighting may
encourage unlntended use of the facility by non-riders, especially after hours. Typical lighting should
provide between 2 to 5 foot-candles. Bus Stops should be located within 30-feet of an existing light
source.
Cost and availability of power influence the decision to install direct lighting at a Bus Stop. When
installing direct lighting at a Bus Stop, the fixtures should be vandal resistant and durable but easily
maintained. For example, avoid uslng exposed bulbs or elements that can be easily tampered with or
destroyed.
A cost-effective approach to providing indirect lighting at a site is to locate Bus Stops near existing street
lights. When coordinating shelter or bench locations with exlsting street lights, the minimum clearance
guidelines for the wheelchairs shall be followed.
Increased Visibility
Increased Comfort and Security Perceptions
High Maintenance and Cost
, Discourages After-Hour Indigent Usage
5.3.13 Security
Security is a major issue in Bus Stop design and location, because they can positively or negatively
influence Rider perception of that Bus Stop. From the perspective of security, landscaping, walls,
advertising panels, and solid structures can restrict sight lines and provide spaces to hide. Each of these
items can be an integral part of the Bus Stop, either by design or by proximity of existing land uses.
Therefore, Palm Tran carefully reviews which Infrastructure are to be included at a Bus Stop and
considers any factors that may influence security.
Other sections of this manual have discussed some of these concepts and should be referenced. Some
guidelines regarding security at Bus Stops include:
. Shelters should be constructed of materials that allow clear, unobstructed visibility of and to
patrons waiting inside.
. Bus Stops should be at highly visible sites that permit approaching Operators and passing
vehicular traffic to see the Bus Stop clearly.
76
lml'ran TRANSIT DESIGN MANUAL
CURBS1 DE INFRASTRUCTURE
. Landscaping elements that grow to heights that would reduce visibility into and out of the Bus
Stop should be avoided. Lowgrowing shrubbery, ground cover and shade trees are preferred at
Bus Stops. Evergreen trees provide a visual barrier and should be avoided.
. Bus Stops, whenever possible, should be coordinated with existing street lighting to improve
visibility.
. Bus Stops should be next to existing land uses, such as stores and businesses, to enhance
surveillance of the site.
77
EXHIBIT 7
SEMIFINALIST AGREEMENT
(SAMPLE - SUBJECT TO CHANGE)
THIS AGREEMENT is made and entered by and between the City of Palm Beach
Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (“City”) and
(“Artist”) whose address is
W IT N ESS ET H:
WHEREAS, the Art in Public Places Advisory Board has recommended retaining the
Artist for Phase I of Request for Proposal (RFP) No. 2009-1 0, Artistic Bus Shelters, for the
design, fabrication, and installation of up to four bus shelters located in the City of Palm
Beach Gardens, Florida.
NOW, THEREFORE, in consideration of the mutual representations and obligations
herein contained, the parties agree as follows:
1. Proiect DescriDtion
A. The Project shall consist of three phases: Phase 1 - Schematic Proposal;
Phase 2 - Design, Fabrication, and Construction; and Phase 3 - Installation.
B. The Artist shall design a Schematic Proposal for approval by the City.
C. The selected Artist shall design, fabricate, construct, and install up to four
site-specific, outdoor bus shelters (“Shelters”) to be installed on the specific sites as
designated in the RFP. The Shelters shall be designed specifically for, and integrated into,
the existing locations and shall comply with all wind, storm, and other city, county, and
state specifications pertaining to outdoor construction.
D. The full-scale Shelters realized from the design concept of the Schematic
Proposal shall have a total budget not to exceed Forty-five Thousand Dollars ($45,000) for
each bus shelter site (“Project Budget”). The Project Budget is inclusive of the engineering
fees, architectural fees, site planning, surveying, all materials, fabrication, transportation,
on-site project management, site work, foundation, installation, installation equipment,
engineering fees, insurance/bond costs, all artist travel costs to the site, and all fees
associated with the project associated with the implementation of the Schematic Proposal,
unless otherwise specifically excluded in writing. The Project Budget is allocated
accordingly: Phase 1 shall consist of two (2) payments; Phase 2 and Phase 3 shall consist
of payments pursuant to the Finalist Agreement incorporated in the RFP.
E. The Artist shall be responsible for hiring and paying for an engineer and other
such design professionals, licensed in Florida, to design and connect the Shelter. The
1
installation and costs of all connection systems referenced herein and the Sculpture shall
be the Artist's responsibility.
2. Schematic Proposal
The Artist shall create a Schematic Proposal for each of the sites, which shall include: 1 )
Conceptual Approach - a three-dimensional physical model, computer model or detailed
drawings; 2) Written Statement - a typewritten proposal that specifies how the conceptual
approach relates to the site, how the artwork, amenities and/or enhancements address site
needs, the fabrication process, project timeline, maintenance guidelines, and an itemized
budget including artist fees, gallery commission (if applicable), all materials, fabrication,
transportation, on-site project management, installation including any site modifications
required, foundation, installation equipment, engineering fees, insurance fees, all artist
travel costs to and from the site, per diem expenses, project documentation, plaques
and/or signage, and a contingency to cover unexpected expenses and all fees, including
permits, for all items associated with the art piece(s) (5 page maximum); and 3) Materials
List - a list of proposed materials to be used to complete the project.
All visits to the Site(s) deemed necessary by the Artist shall be included in the Proposal
Fee. The date for completion, presentation, and delivery of the Schematic Proposal is
to be mutually agreed upon by the parties, but no later than XX, 2009.
3. Payment and lnvoicinq
A. Payment for Phase 1 - Schematic Proposal. The City shall pay the Artist an
initial sum of One Thousand Dollars ($1,000.00) upon execution of this Agreement by both
parties. The City shall pay the Artist an additional One Thousand Dollars ($1,000.00) upon
delivery and presentation of the Schematic Proposal to the City by the agreed date of
completion for a total of Two Thousand Dollars ($2,000.00).
B. The Artist shall submit one (1) invoice for two payments of One Thousand
Dollars ($1,000.00) for a total of Two Thousand Dollars ($2,000.00). The Artist shall
reference Section 3.A. of the Semi-Finalist Agreement. The Invoice shall be addressed as
follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Allyson Black
2
4. Authorization
There is no agreement, either expressed or implied, that the City shall enter into a
contract or issue to the Artist a Notice to Proceed for Phase 2: Design Implementation of
the Project or for any other phase. If the City accepts the Schematic Proposal of the
selected Proposer, the City may enter into a contract with the Artist to continue to the next
phase of the Project. Completion of the Project shall be on a mutually agreed upon
schedule and shall stipulate the approved funds for each particular phase.
5. Intellectual Property Rinhts
If the City accepts the Schematic Proposal, the Artist shall grant to the City title to
the Schematic Proposal, models, drawings, digital images, and video, in addition to a non-
exclusive royalty-free license to reproduce analogue and digital images of the Schematic
Proposal for advertising and publicity purposes only.
6. Miscellaneous Provisions
A. This Agreement constitutes the entire understanding and agreement between
the parties with respect to the subject matter hereof.
B. All of the terms and provisions of this Agreement, whether so expressed or
not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and
their respective legal representatives, successors, and permitted assigns.
C. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
under applicable law or regulation, such provision shall be inappkable and deemed
omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not
be invalidated thereby and shall be given full force and effect so far as possible.
D. This Agreement and all transactions contemplated by this Agreement shall be
governed by, and construed and enforced in accordance with, the laws of the State of
Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in
connection herewith shall lie exclusively in Palm Beach County, Florida, and each party
hereby waives whatever its respective rights may have been in the selection of venue.
E. This Agreement may not be modified unless such modification is set forth in
writing and signed by both parties.
F. This Agreement may not be assigned without the prior written consent of all
parties to this Agreement.
G. It is hereby understood and agreed that in the event any lawsuit in the judicial
system, federal or state, is brought to enforce compliance with this Agreement or interpret
same, or if any administrative proceeding is brought for the same purposes, the non-
3
prevailing party shall pay to the prevailing party reasonable attorney’s fees and costs,
including appellate fees and costs.
H. The effective date of this Agreement shall be as of the date it has been
executed by all the parties hereto.
I. This Agreement may be terminated by the City at any time for convenience
upon seven (7) days’ prior written notice to the Artist. Should the City terminate this
Agreement, the Artist shall be paid a total fee of Two Thousand Dollars ($2,000.00). The
City shall be relieved of all liability hereunder.
J. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
(The remainder of this page left intentionally blank.)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2009
CITY OF PALM BEACH GARDENS, a
Florida Municipal Corporation
By:
Joseph R. Russo, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Robert A. Rosillo, Assistant City Attorney
Witnessed by: ARTIST:
G:\attorney-shareMGREEMENTSbttist - semifinalist agreement.doc
5
Exhibit 8
FINALIST AGREEMENT
(SAMPLE - SUBJECT TO CHANGE)
THIS AGREEMENT is made and entered this day of
,2009, by and between the City of Palm Beach Gardens, a
municipal corporation whose address is 10500 North Military Trail, Palm Beach
Gardens, Florida 33410, (hereinafter referred to as “City”) and
I whose address is
(herein referred to as “Artist“).
RECITALS:
WHEREAS, the City issued a Request for Proposal Number I
(hereinafter referred to as “RFP”) for the design, fabrication, construction and
installation Artistic Bus Shelters and related amenities by Artist to be placed
located in the City of Palm Beach Gardens,
Florida, (hereinafter referred to as the “Site(s)” and collectively referred to as
“Shelter(s)” or “Project”), and;
WHEREAS, the Artist responded to the RFP and was selected by the Palm
Beach Gardens City Council pursuant to the RFP at a City Council meeting held on
, as the responsive, responsible Proposer, and the City
Council accepted the Proposal and response by the Artist to the RFP, which was
deemed Phase 1 of the Project; and
WHEREAS, the parties wish to enter into this Agreement for Phase 2 - Design,
Fabrication, and Construction, and Phase 3 - Installation.
NOW, THEREFORE, in consideration of the mutual representations, obligations,
and promises herein contained, the parties agree as follows:
Article 1. SCOPE OF PROJECT
1.1 Phase 2 - Design, Fabrication, and Construction. The Artist shall perform all
services and furnish all supplies, materials, and equipment as necessary for the
design, execution, fabrication, construction, transportation, installation, and
permitting of the Bus Shelter(s) (“Shelter(s)”) at the Site(s) as depicted in the
Schematic Proposal, attached hereto as Exhibit A.
1.1.1 Design and Construction Schedule. The Artist shall provide a detailed
Design and Construction Schedule, attached hereto as Exhibit B and
incorporated herein, depicting the activities contemplated to occur and
their sequence.
1 .I .2 Artist’s Responsibilities. The parties hereto understand that the Artist is
solely responsible for all ways, means and methods of construction of the
Project. Further the Artist is responsible for all safety on each Site. The
Artist shall comply with all applicable laws, rules, regulations, codes,
orders, ordinances, directives and guidelines, whether federal, state or
local. The Artist shall be responsible for all hardscape and all civil work to
prepare the Site for the Shelter(s).
The Artist shall take into consideration of its design that individuals shall
be utilizing the Bus Shelter(s) and as such the design shall include
considerations for weather conditions and protection of the general public
as well as safety.
1 .I .3 Construction Drawings and Design Review. Within
days following the execution of this Agreement, the Artist shall prepare
and submit Construction Drawings to the City for review, which shall:
a. Include working plans, specifications, and drawings of the
Shelter(s) and lighting, if applicable, as it relates to the site.
b. Comply with all applicable laws, rules, regulations, codes, orders,
ordinances, directives, and guidelines, whether federal, state, or
local, for the Shelters and the installation of the same.
c. Be designed to conform in all respects to hurricane force wind
requirements of the Florida building code and Miami-Dade Wind
load standard.
d. Be signed and sealed by the appropriate licensed professionals,
who must be properly licensed by and in good standing with the
State of Florida.
e. Set forth the specific materials from which the Shelter(s) are to be
constructed and that the specified materials are suficiently
resistant to corrosion and environmental degradation which may be
caused by the sub-tropical conditions prevalent in South Florida
(and specifically Palm Beach Gardens), automobile emissions and
other airborne contaminants commonly encountered in an coastal
u n ban environment.
f. Include a maintenance and preservation schedule for the Shelters.
Chosen construction material, design and construction shall
not require maintenance and/or preservation procedures to
occur more frequently that once per quarter.
g. Provide additional relevant information, graphic, non-graphic,
andlor descriptive drawings of the Shelter(s) and any other
documentation as is requested by the City to clarify the
Construction Drawings and ensure that the proposed Project
complies with all terms and conditions of this Agreement and the
City’s intended needs.
1.2
1.3
Within fourteen (1 4) days following receipt of the Construction Drawings,
the City shall review the Construction Drawings and advise the Artist in
writing whether said Construction Drawings are acceptable to the City as
submitted.
If the Construction Drawings are not acceptable to the City, the City shall
so advise the Artist in writing detailing necessary revisions. Thereafter, at
no cost to the City, the Artist shall revise the Construction Drawings and
deliver the same to the City, who, acting in good faith, shall promptly
review the revised detailed documents. Nothing herein, however, shall
prevent the City from terminating the Agreement for convenience in
accordance with Article 10 should the City deem such revisions
u nacce p ta b I e.
Phase 3 - Installation. The Artist shall notify the City and all other governmental
authorities having jurisdiction over the Project in writing forty-five (45) days prior
to the time the Shelter(s) is or are fully and Finally Completed. The parties
hereto understand that the Shelter(s) may be constructed on Site or off Site. The
City or one of its representatives, at the City’s discretion, shall, upon reasonable
notice to the Artist, inspect the Project for conformance with the Construction
Drawings. Nothing herein however shall confer any liability on the City for such
inspections.
Coordination Meetings. The Artist shall attend pre-construction and/or
progress coordination meeting(s) at the Site(s) as necessary to ensure proper
and timely execution of the Project. In conjunction with the City and its
consultants, the Artist shall periodically determine, monitor and inform the City of
the requirements for the delivery, storage, and/or installation of the Project,
including, but not limited to, site preparation, anchoring and/or supports, testing
and/or other appurtenances. Additionally, the Artist shall promptly inform the City
of any pertinent corrective/remedial work to be performed to the Site.
1.4 Field Inspections. The Artist shall conduct periodic field visits to the Sites and
Project and report to the City on issues concerning the quality of materials or
workmanship for the Project. Nothing herein, however, shall prevent the City
from having its own site representative for observation purposes without any
liability to the City.
1.5 Site Inspections and Staging Requirements. Prior to construction or
installation of the Project, the Artist, the Artist’s general contractors, and the
Artist’s licensed design professionals shall visit and inspect the Site. Subsequent
to such inspection and throughout design, construction and installation of the
Project, the Artist shall have sole responsibility for learning the nature and
location of the Site and the general local conditions. In particular, the Artist will
identify conditions that affect the:
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
transportation, access, disposal, handling and storage of materials; and
availability, quantity and quality of labor; and
availability of water and electric power; and
availability and condition of roads; and
climatic conditions; and
location of underground utilities as depicted on contract documents and as
verified by local utility companies and the City; and
physical conditions of existing construction; and
subsurface materials to be encountered; and
nature of the ground water conditions; and
equipment and facilities needed preliminary to and during performance of
this Agreement; and
other matters which can in any way affect the performance or cost of this
Agreement.
The failure of the Artist to identify any described condition shall not relieve the
Artist of responsibility for properly estimating either the difficulties or costs of
successfully and timely designing and constructing the Project.
The Artist shall be responsible for developing and maintaining Maintenance of
Traffic plans, if required, and obtaining approval of such plans by the appropriate
agencies, which include the State of Florida, Palm Beach County, andlor the
City. The Artist shall be responsible for all costs related to operating and
maintaining the Maintenance of Traffic Plan. Nothing herein however shall
create any liability upon the City for Site safety or the Maintenance of Traffic
Plan. The Artist shall be responsible for the same.
1.6 Design Professionals, General Contractors, Subcontractors, Materialmen, and
Suppliers. The Artist shall provide a detailed list of general contractors, design
professionals, subcontractors, materialmen and suppliers attached hereto as
Exhibit C and incorporated herein, who will be performing services for the Artist
on the Project, with a description of the services to be provided by each such
party.
Employees, general contractors, design professionals, subcontractors,
materialmen and suppliers of the Artist are all subject to prior and continuous
approval of the City. If at any time during the term of this Agreement, an
individual performing services or supplying materials on behalf of the Artist is, for
any reason, is or becomes unacceptable to the City, Artist shall replace the
unacceptable personnel with personnel acceptable to the City.
1.7 Proposed Materials. The Artist shall provide a detailed list of all Proposed
Materials, attached hereto as Exhibit D and incorporated herein, to be utilized by
the Artist including, but not limited to, the style, type, and color of all materials,
quality of materials, warranty information from manufactures and performance
standards.
1.8
1.9
1.10
1.11
1.12
Permits. The Artist shall research and obtain any necessary permits required
by the local jurisdiction in which the Project is located. The Artist shall be
responsible for any associated costs related to obtaining such permits.
Post-lnstallation. The Artist shall be available to attend any inauguration or
presentation ceremonies relating to the Shelter(s) at the Site(s) if such ceremony
occurs no later than three (3) months after installation is complete and Final
Acceptance by the City and if the City notifies the Artist at least forty-five (45)
days prior to the date of such inauguration or presentation ceremony.
Final Documents. Upon installation of the Shelter(s) and on or before submittal
of a final payment invoice, the Artist shall deliver slides, photographic prints,
digital images, “as built” drawings, and other requested documents to the City.
Digital photographs shall be of acceptable professional quality in the sole
determination of the City, and shall be properly marked to include the name of
the Artist, title of the Project, location, medium, and dimension of the Shelter(s).
The Artist’s documents shall, at a minimum, include the following:
a. One (1) CD with 300 dpi JPEG images of at least (5) different viewpoints
of each completed Shelter(s); and
b. One (1) full set of “as built“ drawings as well as any and all construction,
fabrication and installation specifications, drawings or other documentation
pertaining to the Shelter(s).
Ownership of Documents. Upon completion of each Shelter and Final
Acceptance by the City, all designs and other materials developed by the Artist
and submitted to the City for the purpose of this Agreement shall become the
sole and exclusive property of the City. This Section shall survive termination of
this Agreement.
Final Acceptance. Within seven (7) days after each Shelter is constructed at its
respective Site, the City shall advise the Artist, in writing, as to the acceptability
of the Shelter as installed. Upon determining if a Shelter is acceptable, as
installed the City shall issue a Certificate of Final Acceptance for each Shelter so
stating . Upon issuance of a Certificate of Final Acceptance by the City Title to
the Shelter shall automatically pass from the Artist to the City, subject to the
provisions of Articles 6 and 7 herein.
Article 2. COMPENSATION PAYMENT SCHEDULE AND INVOICES.
2.1 Schedule of Contract Values. The City shall pay to the Artist a fixed fee in the
amount of Dollars
($ ) per bus shelter constructed, inclusive
of any gallery commission, based on the attached Schedule of Contract Values,
attached hereto as Exhibit E, and incorporated herein, depicting a detailed
breakdown of the fixed fee, and the estimated cost of each subdivision of work
which makes up the fixed fee (insurance, proposal, design, fabrication, site
preparation, installation costs, etc.). The value of each item entered on the
Schedule of Contract Values shall include a true proportionate amount of the
Artist's overhead and profit. This Artist fee shall be payable as follows:
2.1 .I
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
Preliminary Design Proposal. The City has paid the Artist an initial fee of
Two Thousand Dollars ($2,000) for the Phase - Schematic Proposal. This
initial fee may be retained by the Artist, and no part of it shall be refunded.
Phase 2: Design Development. Upon execution of this Agreement, the City
shall pay the Artist the sum of . All payments are to
be made within thirty (30) days from receipt of invoice.
Construction Documents and Final Cost Quotes Approval. Upon City's
approval of the Construction Documents and Final Cost Quote, the City
shall pay the Artist the sum of ($ ) for each
bus shelter. All payments are to be made within thirty (30) days from
receipt of invoice.
50% Fabrication. The City shall pay the Artist the sum of
($ ) for each bus shelter at such point in the fabrication of the
component materials of the Shelter(s) whereby the components are such
that the Shelter(s) can be examined in their entirety and can be inspected
by the City for their conformity to the specifications as set forth in the
Construction Documents.
700% Fabrication. The City shall pay the Artist the sum of
) for each bus shelter at such point as the
fabrication is complete and can be inspected by the City for the conformity
to the specifications as set forth in the Construction Documents.
($
Phase 3: Shipment and Execution of the Sculpture and Installation.
The City shall pay the Artist a final payment of
($ ) for each bus shelter after final installation of the Shelter on the
Site upon issuance of a Certificate of Final Acceptance. The total
payments made by the City shall not exceed the total fee found in Section
2.1.
Invoices: The Artist shall submit invoices for payments corresponding to
Sections 2.1 for a total of ($ ), excluding the
Two Thousand Dollars ($2,000) in Section 2.1 .I. The Artist shall reference
Article 2 of the Agreement. Invoices shall be addressed as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Allyson Black
Notwithstanding the foregoing, the City reserves the right to withhold
payment, in addition to retainage or set off, for any damages or claims it
may have incurred pursuant to this Agreement at any time for the Artist's
failure to comply with this Agreement. The City shall not be deemed to be
in default for withholding payment(s) or setting off hereunder. The Artist
agrees to perform irrespective of the foregoing;however, each party
reserves all claims in law and/or equity.
Final payment by the City shall be withheld until receipt by the City of the
Final Release, attached hereto as Exhibit F and incorporated herein.
2.2 Taxes. Any and all taxes, including, but not limited to, sales, use, or excise taxes,
and any and all similar charges relating to the Shelter and any services and
materials provided by the Artist shall be paid by the Artist. The City, being a tax-
exempt entity, shall not pay any sales tax incurred by the Artist.
2.3 Artist's Expenses. The Artist shall be solely responsible for the payment of
expenses incurred in making submissions to the City and all travel expenses
incurred by the Artist and the Artist's agents, contractors, subcontractors and
employees in performing the services required under this Agreement.
Article 3. CONDUCT OF WORK
3.1 Time of Performance. Services by the Artist and the Artist's general
contractors, design professionals and subcontractors, materialmen and suppliers
in connection with the Project shall commence upon a "Notice to Proceed" issued
by the City. The Project shall be completed within days of the
Notice to Proceed and in accordance with the Construction Schedule approved
by the City. Reasonable extensions may be granted by the City in the event that
conditions beyond the Artist's control, or Acts of God, render compliance with the
Construction Schedule impossible. The City's Project Manager shall be the sole
judge of what conditions are beyond the Artist's control.
3.2 €arly/Late Completion of Artist Services. The Artist shall be solely
responsible for any and all transportation and storage costs resulting from the
completion of his/ her/its services hereunder prior to the time agreed upon for
installation of the Shelter(s) at the Site(s). Regardless of anything to the contrary
the Artist shall have no claim against the City for an increase in the contract price
or payment allowance of any kind based on any damages, loss or additional
expense of the Artist which is or was occasioned as a result of any delays in
prosecuting or completing the work under the contract, caused by the City. The
Artist shall be entitled to an extension of time as reasonably determined by the
City as its sole remedy for such delay by the City.
3.3
3.4
3.5
3.6
3.7
On-Site Supervision. The Artist shall personally supervise all phases of the
Project’s development, design, fabrication, construction and installation. The
Artist shall be at the Site periodically during installation of the Shelter(s) to ensure
installation is in accordance with the Artist’s design intent and the signed and
sealed construction drawings and design documents, including, but not limited to
construction specifications.
The Artist or representative of the Artist shall be present at the Site(s) at all times
to supervise design, fabrication, construction and installation of the Project.
During periods when construction or installation is suspended, the Artist shall
provide a method of communication, acceptable to the City, to authorize any
emergency work which may be required.
Inspection. The City shall have the right to review the progress and quality of
the work and Project during the fabrication and construction thereof and to
receive progress reports from the Artist in such form acceptable to the City.
Code Compliance. Construction of the Shelter(s) shall be performed in
compliance with all applicable codes of the State of Florida, Palm Beach County,
City, and Palm Tran and any other governmental authority having jurisdiction
over the same.
Cooperation with Others. City and other contractors and subcontractors may be
working at the Site during the performance of this Agreement. Artist shall fully
cooperate with the City and other contractors to avoid any delay or hindrance of
their work. City may require that certain facilities at the Site be used concurrently
by Artist and other parties, and Artist shall comply with such requirements.
If any part of the Artist’s services depends on proper execution or results of any
work performed by the City or separate contractor, the Artist shall inform the City
of the date the work needs to be completed in order to maintain the Artist‘s
schedule for the Project. Upon completion of the work by the City or separate
contractor, the Artist shall promptly report to the City any apparent defects in the
work. Failure of the Artist to report any discrepancies or defects shall constitute
an acceptance of the work by the City or separate contractor as fit and proper.
Any costs caused by defective or ill-timed work of others shall be borne by the
Artist unless Artist gives written notice to City prior to proceeding with the Project.
In no event shall the City be liable to the Artist for delay damages.
Use of Licensed General Contractor. The Artist shall select and hire a
properly licensed general contractor(s) and design professional(s) for the design,
construction and installation of the Shelter(s). Artist shall hold City harmless from
any and all claims of the general contractor(s) and design professionals and sub-
consultants, materialmen and suppliers used in connection with this Agreement.
The cost of the general contractor(s), design professionals, sub-contractors,
materialmen and suppliers are included in the Artist’s fee for services and the
Shelter(s) to be constructed.
3.8 lncorporation of Costs. In the event that the Artist’s costs will cause the total
cost of the Project to exceed the fixed price listed in Section 2.1 of this
Agreement, Artist may take any action reasonably necessary to reduce costs
including, but not limited to, reducing Artist’s fee or negotiating a reduction in
others’ fees. However, if Artist‘s proposed cost reductions will reduce the scope
of the Project or materially alter the original design or intent, Artist and City agree
that the City may terminate this Agreement without further cost to the City. Artist
also agrees that, should Artist fail to reduce the cost of the Project to an amount
equal to or less than the fixed price, City may terminate this Agreement without
further cost to the City.
3.9 Responsibility for Work Security. Artist shall, at his/her/its expense, conduct
operations under this Agreement in a manner to avoid risk of loss, theft or
damage by vandalism, sabotage or other means to City property.
3.1 0 Protection of Work in Progress, Materials and Equipment. Artist shall promptly
take all reasonable precautions necessary and adequate to avoid conditions
which involve a risk of loss, theft or damage to property, materials or equipment
connected to the Project. Artist shall continuously inspect its work, materials,
equipment and facilities to discover and determine any such conditions and shall
be solely responsible for discovery, determination and correction of any such
condition. Artist shall prepare and maintain accurate reports of incidents of loss,
theft or vandalism, and furnish these reports to the City within three (3) days of
each incident.
Artist shall bear all risk of loss or damage to the Project in progress, the materials
delivered to the Site, and the materials and equipment involved in the Project
until completion and Final Acceptance of the Project by the City. The Project
shall be delivered to the City in proper, whole and unblemished condition. The
Artist shall not bear any responsibility for any loss or damage which results solely
from the negligence of the City.
3.1 1 Protection of Existing Property. Artist shall not damage, close, or obstruct any
utility installation, highway, road or other property until permits have been
obtained. If any facility or property is closed, obstructed, damaged or rendered
unsafe by Artist, Artist shall, at Artist’s expense, make such repairs and provide
temporary guards, barricades, lights, and other signals as necessary or required
for safety and as acceptable to City and/or its Insurance Representative.
Artist shall not damage any existing building or structures. The Artist shall verify
that the means and methods of construction used inside, adjacent to, under or
over existing buildings or facilities will not cause damage. The Artist shall
provide protection methods which are acceptable to the City and/or its Insurance
Representative.
Unless specifically provided in this Agreement, Artist shall not do any work that
would disrupt or otherwise interfere with the operation of any pipeline, telephone,
electric, radio, gas, transmission line, ditch or other structure, nor enter upon
lands in their natural state until approved by City. After obtaining approval, Artist
shall give due notice to City of its intention to start such work before it begins the
work. Artist shall not be entitled to any extension of time or any extra
compensation on account of postponement, interference or delay caused by any
such line, ditch or structure on or adjacent to the Site.
Artist shall preserve and protect all cultivated and planted areas and vegetation
such as trees, plants, shrubs and grass on or adjacent to the Site which, as
determined by City, do not reasonable interfere with the Artist's services. Artist
shall be responsible for damage to such areas and vegetation including, without
limitation, damage from operating equipment or stockpiling materials. Artist shall
also be responsible for unauthorized cutting of trees and vegetation. All cost in
connection with any repairs or restoration necessary or required by such damage
or unauthorized cutting shall be borne by Artist.
3.12 Restricted "Off' Work Hours. Where applicable, the Artist and/or Artist's
contractors, design professionals and subcontractor, materialmen and suppliers
shall observe and comply with any Restricted "Off" Work Hours requirements.
Artist shall submit to the City's Project Manager any request(s) to perform
services at times other than "normal work hours" (8 a.m. to 5 p.m.), and said
request shall be subject to approval by the City.
Article 4. WARRANTIES.
4.1
4.2
Warranties of Title. The Artist represents and warrants that: (a) the Shelter
designs are solely the result of the artistic effort of the Artist; (b) the Shelter
designs are unique and original and do not infringe upon any patents or
copyrights; (c) that the Shelter(s), or a duplicate thereof, has not been accepted
for sale elsewhere; and (d) the Shelter(s) is free and clear of any liens or claims
from any source whatsoever. Upon Final Acceptance of each Shelter, the Artist
shall furnish a signed and sworn Warranty of Title, attached hereto as Exhibit G
and incorporated herein.
Warranties of Quality and Condition. The Artist represents and warrants that: (a)
the execution and fabrication of the Shelter(s) will be performed in a professional
manner; (b) the Shelter(s), as fabricated constructed and installed will be free of
defects in material and workmanship, including but not limited to any defects of
"inherent vice", qualities which cause or accelerate deterioration of the Shelter(s),
breach of contract, negligence or gross negligence in the material structure or
installation methods of the Shelter(s). Further, the Artist hereby gives the City a
warranty for any defects in the materials and workmanship for a period of two (2)
years commencing upon Final Acceptance of each Shelter by the City. Further
the Artist represents, warrants and covenants that the maintenance of the
Shelter(s) will not require procedures other than those described in the
Construction Drawings, detailed plans, specifications, and drawings that were
accepted and approved by the City. Failure of the City to maintain or perform the
same shall not relieve the Artist from responsibility for latent defects in the work.
Article 5. RISK OF LOSS, INSURANCE, BONDS AND INDEMNITY
5.1 Risk of Loss. The Risk of Loss or damage by any cause or any reason to the
Shelter(s) shall be borne by the Artist until Final Acceptance of each Shelter by
the City, and the Artist shall take steps such as is necessary to protect the
Shelter(s) from loss or damage until Final Acceptance. The Artist, hislherlits
general contractor, and hislherlits subcontractors shall maintain all insurance as
is required by this Agreement and name the City as Additional Insured on all
policies. All such policies shall be valid in the State of Florida.
lnsurance Limits and Minimums. The Artist shall supply the City with a
certificate of insurance showing commercial general liability with a
minimum Two Million Dollar ($2,000,000.00) limit, including products and
completed operations coverage, premises operations liability, personal
advertising injury, Workers’ Compensation coverage, automobile insurance
including owned, non-owned, leased, and hired vehicles with a One Million
Dollar ($1,000,000.00) minimum limit, property coverage for the Project,
and Builders Risk/Course of Construction - all risk coverage in an amount
not less than the full value of all phases of this contract to protect all
property improvements and construction until final completion and
acceptance by the City. The insurer shall waive all rights of subrogation
against the City. With the exception of the Workers’ Compensation
coverage, the Artist shall maintain the insurance required in this Agreement
until two (2) years after the Final Acceptance by the City of the Project, and
with deductibles of no more than Five Thousand Dollars ($5,000.00) per
claim. Workers’ Compensation lnsurance shall be pursuant to the statutory
requirements and should the City and or Palm Beach County require
greater coverage, than the greater coverage shall be required. The City
shall be named as an additional insured through installation until Final
Acceptance and if required other such third parties shall be named as
additional insured that the City deems necessary. In the event that the
insurance certificates provided hereunder indicate that the insurance shall
terminate and lapse during the period of this Agreement, the Artist shall
furnish, at least thirty (30) days prior to the expiration of such insurance, a
renewed certificate of insurance as proof that equal and like coverage for
the balance of the period of this Agreement and any extension there under
is in effect. Artist shall not continue to work pursuant to this Agreement
unless all required insurance remains in effect. City may withhold payment
to the Artist until coverage is reinstated. The parties understand that the
City may from time to time require additional insurance or greater coverage
and the artist agrees to provide the same.
Should any of the work herein involve the hauling andlor rigging of property
in excess of $500,000.00 or $250,000.00 in transit, Artist shall procure and
maintain "all risk" Transit or Motor Truck Cargo insurance, or similar form of
coverage, insuring against physical damage or loss to the property being
transported, stored, moved or handled by Artist or any subcontractor,
subject to the limits, terms and conditions set forth above.
Should any of the work herein involve aircraft (fixed wing or helicopter)
owned or operated by Artist or any subcontractor, Artist shall procure and
maintain Aircraft Liability insurance in accordance with the terms and
conditions set forth above.
Should any of the work herein involve watercraft owned or operated by
Artist or any subcontractor, such shall be insured under the
Comprehensive or Commercial General Liability policy, or by other such
liability insurance such as Protection and Indemnity.
All insurance policies required in this Agreement shall provide 30 days
notice to the City for lapse in coverage.
5.1 .I Subcontractor Insurance. The Artist shall arrange and/or ensure that all
subcontractors and/or anyone directly employed by them who are
performing work in connection with this Agreement have public liability and
property damage insurance for claims of personal injury, claims of
accidental death, or claims of property damage arising from operations
under this Agreement.
5.1.2 Bonds. Within fifteen (15) days of being notified of the award of this
Project, Artist and its construction contractor shall furnish a Performance
and Payment Bond in conformance with F.S. 255.05 et. seq.
The form of the Performance and Payment Bond shall be in such form as
acceptable to the City.
The Bonds shall be in the amount of one hundred percent (100%) of the
Contract amount guaranteeing to the City the completion and performance
of the Project covered in this Agreement, as well as full payment to all
contractors, design professionals, suppliers, material men, laborers, or
subcontractors employed pursuant to this Project. Such Bonds shall be
with a surety company, which is qualified pursuant to Section 5.2,
Qualifications of Surety.
Such Bonds shall continue in effect for two (2) years after Final Acceptance
of the Project. In addition, Bonds shall be conditioned that Artist and its
general contractor will, upon notification by the City, correct any defective
or faulty work or materials which appear within two (2) years after
completion of the Contract. Nothing herein however shall relieve the Artist,
its design professionals, and general contractor from latent defects in the
5.2
work and Project, and any and all claims shall run in conformance with the
applicable statute of limitations. It is the intent of the parties hereto that the
City shall be consider a third party beneficiary as to all responsibilities as to
the design professionals, general contractors, subcontractors, materialmen
and suppliers that the work and Project be free from defects and
constructed in a good and workman like manner. The Artist shall be
required to ensure that this contract and the terms herein be passed down
and put in all other agreements that Artist has with anyone it contracts with
for the Project herein.
Performance and Payment Guaranty
In lieu of a Performance and Payment Bond, Artist may furnish an alternate
form of security, which may be in the form of cash, money order, certified
check, cashier's check, or irrevocable letter of credit. Such alternate forms
of security shall be for the same purpose, shall be subject to the same
conditions as those applicable above, and shall be held by the City for two
(2) years after Final Completion and Acceptance of the Project.
Qualifications of Surety. A Performance Bond and separate Payment Bond
must be executed by a surety company shown on the United States Treasury
approved list of companies and also authorized to do business in the State of
Florida. Both bonds shall show CITY as obligee.
The surety company shall have at least the following minimum ratings in the
latest version of Best's Insurance Report:
Pol i cyh o Id e r's
Rat inas I Bestls Financial 1 AmountofBond I - Size Category
I .oo to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class It
2,000,001 to 5,000,000 A Class Ill
5[000;001 to 10,000,000 ' A Class IV
10,000,001 to A Class V
25,000,000
25,000,001 to A Class VI
50,000,000
50.000.001 or more A Class VI1
5.3
5.4
5.5
Artist's Life Insurance and Disability. At the request of the City, the Artist shall
obtain comprehensive life and disability insurance in the amount of 100% of the
cost of the Project in favor of the City for the period from the date of approval of
the proposed schedule under Section 1 .I .2 until the date set forth in the schedule
for acceptance by the City or until Final Acceptance, whichever is longer.
City's Responsibility. The City's acceptance of responsibility for the Shelter(s)
shall occur concurrently with the City's Final Acceptance of the Shelter(s).
Notwithstanding the foregoing, the City's responsibility shall not include that
which is warranted by the Artist and shall not be deemed to be a waiver of the
warranties provided therein.
Artist Indemnity. The Artist shall indemnify, protect, and save harmless the City,
and all of its respective members, agents, officials, and employees from and
against all injuries, deaths, loss, damages, claims, patents claims, suits, matters,
judgments, costs, and expenses, including attorney's fees, which may in any way
accrue against said entity or individuals, including any damage to property or
buildings, relating to the work to be performed, or being performed by the Artist,
or any party working on this Project or supplying materials or supplies pursuant
to this Agreement.
Article 6. REPRODUCTION RIGHTS.
6.1
6.2
6.3
6.4
General. The City shall retain all rights to the Shelter(s), including, but not limited
to Artistic Design. The City may use the images of the Design for any reason
without permission of the Artist. The Artist shall convey all right to the art of the
Shelter(s) to the City.
Notice. All reproductions of the Shelter(s) by the City shall contain a credit to the
Artist and a copyright notice substantially in the following form:
ARTIST NAME.
Credit to City. The Artist shall use his/her/its best efforts to give a credit reading
substantially, "work owned and commissioned by the City of Palm Beach
Gardens or its assigns," in any or use of images of the Shelter(s) by Artist.
Ownership and Use of lnstruments of Service. During the performance of this
Agreement, the Artist specifically grants to the City the right to make
presentations of the Project in progress and/or to photograph or otherwise
reproduce faithful images of the Project in progress for presentational purposes.
Presentation(s) of the Project in progress to City officials/employees and/or the
public may be conducted by the City without specific approval of the Artist.
Article 7. ARTIST’S RIGHTS.
7.1 Identification. The Artist shall design, prepare, and deliver to the City for
installation by the City at a place determined by the City, pursuant to the written
instructions and prior written approval of the City, a plaque identifying the Artist,
the title of the Shelter(s), and the year of completion and such other information
as the City and the Artist may reasonably determine. The costs for design,
preparation, and delivery shall be separately reimbursable, and the City will
install or cause to have installed the plaque.
7.2 Maintenance. The City recognizes that maintenance of the Shelter(s) on a
regular basis, subject to the limitations set forth in Article 1.1.3, is essential to the
integrity of the Shelter(s). The City shall reasonably assure that the Shelter(s)
are properly maintained and protected as specified in the detailed working plans,
specifications, and drawings accepted and approved by the City, all referred to
as Construction Drawings, subject to the limitations set forth in Article 1.1.3.
Notwithstanding any provision in this Agreement to the contrary, the City shall
have no obligation to protect or maintain the Shelter(s) against City-approved
renovation to or demolition of the building or area around which the Project is
located if the Project cannot reasonably, in the sole discretion of the City, be
salvaged or relocated prior to the renovation or demolition. This Section shall
survive termination of this Agreement.
The Artist represents that the Shelter(s) has been designed, constructed,
fabricated, and installed to accommodate the routine annual cost of the
Maintenance as set forth in the detailed working plans, specifications, and
drawings as found in the Construction Drawings.
7.3 Repairs and Restoration.
7.3.1 The Artist shall complete the “Documentation Worksheet,” attached hereto
as Exhibit H and incorporated herein, to provide detailed written
instructions for routine maintenance and long-term conservation of the
Shelter(s). The City shall have the right to determine, after consultation
with a professional conservator, or other consultants when and if repairs
and restorations to the Shelter(s) will be made. During the Warranty
Period or if there are latent or patent defects in the Work and Project, the
Artist shall be responsible for the same regardless of anything to the
contrary .
7.3.2 All repairs and restorations shall be made in accordance with recognized
principles of conservation to the extent applicable to the Project as
reasonably determined by the City.
7.3.3 If work is required due to breach of warranties by the Artist within two
years after Final Acceptance, the Artist shall correct same, at hidher its
expense. Nothing herein however shall relieve the Artist, its design
professionals, general contractors, subcontractor, materialmen and
suppliers from any and all liability for defects in the work and Project. If
any manufactures warranty periods are greater than the Warranty Period
of the Artist and other parties referenced in this Agreement the greater
Warranty Period shall control.
7.4 Permanent Record. The City shall maintain on permanent file a record of this
Agree men t .
7.5 Artist’s Address. The Artist shall notify the City of changes in his/her/its address.
The failure to do so, if such failure prevents the City from locating the Artist, shall
be deemed to be a waiver by the Artist of the right subsequently to enforce those
provisions in this Agreement that require the express approval of the Artist.
Notwithstanding this provision, the City shall make every reasonable effort to
locate the Artist when matters arise relating to the Artist‘s rights.
7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7
shall be binding upon and inure to the benefit of the parties, their heirs, legatees,
executors, administrators, assigns, transferees, and all their successors in
interest, and the City’s obligations attach and run with the Shelter(s) and Site and
shall be binding to and until ten (IO) years after the death of the Artist. However,
the obligations imposed upon the City by Section 7.3.1 shall terminate on the
death or incompetence of the Artist. The City shall give any subsequent owner of
the Shelter(s) notice in writing of the covenants herein, and shall cause each
such owner to be bound thereby.
Article 8. ARTIST AS INDEPENDENT CONTRACTOR.
8.1 The Artist shall perform all work under this Agreement as an independent
contractor and not as an agent or an employee of the City and shall indemnify
and hold the City, and all of its respective members, agents, officers, and
employees harmless from any loss, damage, and expenses, including
reasonable attorney’s fees, arising from any claim by any person or entity that
the Artist did not act as an Independent Contractor, unless such claim arises as a
result of action by the City or its members, agents, officers, or employees and not
from any action or assertion by the Artist.
Article 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING.
9.1 Assignment or Transfer of Interest. Neither party shall assign or transfer an
interest in this Agreement without the prior written consent of the other party.
Article IO. TERMINATION
10.1 If either party shall fail to fulfill, in a timely and proper manner, or otherwise
violate any of the covenants, terms, or stipulations of this Agreement, the non-
defaulting party shall thereupon have the right to terminate this Agreement by
giving written notice to the defaulting party of its intent to terminate, specifying
the grounds for termination. The defaulting party shall have thirty (30) days after
receipt of the notice to cure the default. If the default is not timely cured, then
this Agreement shall automatically terminate.
Notwithstanding the foregoing, the City reserves the right to terminate this
Agreement for convenience upon seven (7) days written notice to the Artist,
Should the City terminate for convenience , the City agrees to pay the Artist for
satisfactory work completed up to the date of termination as determined by the
City, including reasonable expenses incurred by the Artist to terminate
subcontracts as a result of the City’s termination for convenience. The City
shall be released from any and all liability arising pursuant to this Agreement
upon termination, as provided herein.
10.2 In the event of default by the City, this Agreement shall be deemed terminated for
convenience. The Artist shall not be entitled to loss of profit claims or any other
claims and or damages associated with such termination.
In the event of default by the Artist, all finished and unfinished CD’s drawings,
sketches, photographs, and other work products prepared and submitted, or
prepared for submission by the Artist under this Agreement shall, at the City’s
option, become the sole property of the City, including all rights thereunto
pertaining. The Artist shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by the Artist.
Article 11. FUNDING
This Agreement is subject to fiscal funding out by the City. Should the City fund out
pursuant to this Section, the City shall be considered to have terminated the Agreement
for convenience pursuant to Section 10.1.
Article 12. PLEDGE OF CREDIT
The Artist shall not pledge the City’s credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Artist
further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
Article 13. CONTRACT ADMINISTRATOR.
The Contract Administrator for this Agreement shall be the City Manager or designee.
Wherever this Agreement requires any notice to be given to or by the City, or any
determination or action to be made by the City, the City Manager or designee shall
represent and act for the City.
Article 14. COMPLIANCE.
The Artist shall be required to comply with all federal, state, and local law, statutes,
ordinances, rules, regulations, orders, codes, guidelines and directives applicable to the
performance of the Artist’s obligation under this Agreement.
Article 15. MODIFICATION.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless made in writing and signed by all parties hereto and approved by appropriate
action of the City.
Article 16. WAIVER.
No waiver of performance by either party shall be construed as or operate as a waiver
of any subsequent default of any terms, covenants, or conditions of this Agreement.
The payment or acceptance of fees for any period after a default shall not be deemed a
waiver of any right or acceptance of defective performance.
Article 17. GOVERNING LAW.
This Agreement, regardless of where executed or performed, shall be governed by and
construed in accordance with the substantive laws of the State of Florida.
Article 18. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors and assigns, without, by
this provision, in any way enlarging the right of any party hereto to assign this
Agreement contrary to any other provision hereof.
Article 19. GOVERNING LAW.
This Agreement shall be construed under and interpreted according to the laws of the
State of Florida and the venue with respect to any litigation arising hereunder shall be
Palm Beach County, Florida.
Article 20. ATTORNEY’S FEES AND COSTS.
In the event of any dispute or litigation arising out of this Agreement, the prevailing party
shall be entitled to reasonable attorneys’ fees, including fees at trial, bankruptcy, and
appellate levels, and all other costs incurred in connection with any such dispute or
litigation.
Article 21. CONSTRUCTION OF AGREEMENT.
The parties acknowledge that they have each read, understood and had the opportunity
to be advised by legal counsel as to all of the provisions of this Agreement. Should any
provision of this Agreement require judicial interpretation, it is agreed that the Court
interpreting this Agreement shall not apply a presumption that the terms hereof should
be more strictly construed against one party by reason of the rule that a document is to
be more strictly against the party who prepared the document. Typewritten or
handwritten provisions inserted in the Agreement and initialed by the parties, and any
amendment or addenda initialed or signed by the parties, shall control in the event of
any conflict or inconsistency with any other provisions of this Agreement, and
handwritten provisions initialed by the parties shall control over typewritten provisions.
This Agreement shall not be construed against the party who drafted same, as all
parties to this Agreement have had their own legal and business experts review the
adequacy of same.
Article 22. NOTICES.
Any notice, request, demand or other communication required or permitted to be given
under this Agreement shall be in writing, addressed as follows or as otherwise
instructed pursuant to notice given under the terms of this Paragraph and shall be
deemed given or delivered (a) when received by hand delivery, or (b) upon return of a
signed “green card” when sent postage prepaid by certified or registered mail, return
receipt requested, or c) when actually delivered to the party by Federal Express or any
other nationally recognized overnight delivery service:
If to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Ronald Ferris, City Manager
copy to:
R. Max Lohman, Esq.
City Attorney
Corbett and White, P.A.
11 11 Hypoluxo Rd., Suite 207
Lantana, Florida 33462
If to the Artist:
Article 23. EXHIBITS.
The exhibits referred to in and attached to this Agreement are hereby incorporated in
full in this Agreement by reference.
Article 24. ENTIRE AGREEMENT.
This Agreement embodies the entire agreement between the parties and supersedes all
prior and contemporaneous agreements and understandings, whether expressed or
implied, oral or written.
(The remainder of this page left intentionally blank)
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2009
CITY:
ATTEST: CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
[SEAL]
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
City Attorney
Executed by the Artist this day of ,2009
ARTIST:
WITNESS:
Notary Public
Commission Expires:
Exhibit F
Final Release
CONDITIONAL FINAL WAIVER AND RELEASE OF CLAIM
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, to induce the final
payment in the sum of $ and other valuable considerations and benefits to
the undersigned accruing, does upon receipt of payment waive, release and quit claim all claims
or demands of every kind whatsoever against the project, commonly known as the Artistic Bus
Shelters, on account of work and labor performed, and/or materials furnished in, to, or about the
construction of any Shelter located thereon.
It being understood that this is a Final Waiver and Release of Claim, and the
undersigned warrants that no assignment of said claim, nor the right to perfect a claim against
any art work by virtue of the accrual of said payment, has or will be made, and that the
undersigned has the right to execute this Final Waiver and Release, and that all laborers
employed by the undersigned in connection with the construction of improvements upon the
aforesaid premises, to the extent of the payment herein referred to, have been fully-paid and all
materials, supplies and personally are free and clear of conditional bill of sale and/or retain title
contracts.
IN WITNESS WHEREOF, I have hereunto set my hand and seal and I hereby
acknowledge that the foregoing statements are true and correct this day of
,2009.
Witness Artist
The foregoing was acknowledged before me this , 2009,
by as of , 2009, personally
known to me or who produced the following identification , and
who did/did not take an oath.
day of
NOTARY PUBLIC IN AND FOR THE COUNTY OF
PALM BEACH, STATE OF FLORIDA
Exhibit G
Warranty of Title
1, , guarantee and warrant that the Artistic Bus Shelters
created for the City of Palm Beach Gardens, titled , is a
unique edition of my own artistic efforts. I also warrant that the Shelters are free and clear of
any liens, claims or other encumbrances of any type.
By:
Artist Signature
Printed Name: Date:
Exhibit H
Documentation Worksheet
Artistic Bus Shelters
Directions for completinq the Documentation Worksheet
This information is required for Work of Art being purchased or commissioned by the
City for fabrication and installation and is a condition precedent to Final Payment
thereof. Please complete &information in reference to the Work of Art as outlined in the
Documentation Worksheet in accordance with the following directions.
Please fill in all information in the spaces indicated or “n/a” (for “not applicable”). Do not leave
any sDace blank. All information must be legible (printed or typed).
ARTIST INFORMATION - If the Work of Art is created by an artist team, provides
information for EACH artist on the team.
Name: Fill in the artist’s full name. Enter “unknown” if the author of the Work of Art is not
known.
Date of Birth: Fill in the artist’s date of birth.
Birthplace: Fill in the artist’s place of birth, and death if applicable and known.
Citizenship: Fill in the artist’s current citizenship.
Ethnicity: Fill in the artist’s ethnic background: Caucasian, African American, Hispanic, Asian
background, or other (describe if “other” is used).
ARTWORK INFORMATION
Title: Fill in the title of the Work of Art, or note if ”untitled”
Discipline: Fill in the discipline under which the Work of Art may be categorized (include an
explanatory description if “other” is used)
Medium: Describe medium of the Work of Art.
Materials: Provide a complete list of all materials which compose the Work of Art. Include
generic and manufacturer’s product names, as well as product numbers. Include contact
information of product manufacturer’s if available. Note the words “see attached list” and attach
list to worksheet if necessary.
Completion Date: Fill in the date of completion of the Work of Art. Include a date for
completion of fabrication in different from date of installation.
Dimensions of the Work: Fill in dimensions of the Work of Art (H x W x D). For clarity, please
attach a rough perspective drawing of the Work of Art indicating dimensions for 3-D works
(sketch does not need to be to scale).
Inscription and Identifying Marks: Describe type and location of any marks such as signature,
title, date or other marks which may help identify the Work of Art
Siting: Describe the location of the Work of Art if a permanent installation. Include general and
any pertinent detailed information (Le. address, building name/location, exterior/interior and
artwork site location in relation to building or major structure).
FABRICATION & TECHNICAL SPECIFICATION INFORMATION
Fabricator(s)/Collaborator(s): List company name and contact information (address, tel. lax,
contact name) of any fabricator(s) and/or collaborator(s) for the Work of Art. If more than one
fabricator, please include a brief description of specific work performed by each.
Method of Fabrication: Describe method of fabrication of the Work.
Fabrication Documents: The following documents (“Instruments of Sewice”) may generally be
required for commissioned works (please refer to Contract) and include but may not be limited
to the following: working models; material samples; shop and/or as-built drawings; plans; and
specification information. Specification information must be provided for all paint materials
(primers and finishes) used in the creation of the Work of Art. Include a description and location
for any fabrication materials of the Work of Art which are to be retained by sources other than
Art in Public Places.
Maintenance Instructions: Describe in detail the suggested maintenance procedure. Include
special materials required, instructions for their use, and recommended frequency of procedure.
Additionally, describe any acceptable material substitutes for primers and/or paint finishes.
Lighting: Describe any special lighting requirements for the Work whether or not
providedhntegrated as part of the Work. Describe lighting recommendations if applicable.
PUBLICITY INFORMATION
Exhibitions: Fill in exhibition history of the Work. Indicate whether or not the proposal or
drawings have been exhibited. Include copies of exhibition materials (i.e. invitations, news
articles) if available.
Publications: Fill in publication history; reproduction or mention of the Work. Include copies of
publications if available.
PREPARER’S NAME
Fill in name of individual completing form and contact information if other than artist.
PREPARER’S SIGNATURE
Please sign and date the form in the space provided. If preparer is other than the artist,
then describe affiliation to artist or relationship with the Work (Le. owner of the work, artist‘s
representative, artist‘s spouse, trustee of artist’s estate etc.)
DOCUMENTATION WORKSHEET
ARTIST INFORMATION
Name
(last) (first) (middle initial)
Date of Birth / /
(month) (day) (year)
Birthplace
Citizenship
Ethnicity 0 Anglo 0 Black 0 Hispanic 0 Asian
0 Other
ARTWORK INFORMATION
Title
Discipline 0 PaintinglDrawing 0 Sculpture 0 Ceramic
0 Fiber Art 0 Photography 0 FilmNideo
Other
Medium
Materials
Give a general description of materials which compose the Work of Art:
Below, provide a list of all commercially manufactured materials which are part of the Work
of Art:
Generic Name Product Brand Name/Num ber
List below the manufacturer contact information for all commercially manufactured materials
listed above:
ComDanv Name Business Address Tel./Fax /Email
Completion Date / /
(month) (day) (year)
0 Denotes date of fabrication
0 Denotes date of installation
Dimensions (attach isometric sketch with dimensions if necessary)
Hx wx D
Inscriptions and Identifying Marks
0 Artist’s signature - Location
0 Date - Location
Other - Location
Siting Street Address:
Building Name:
Building Floor Level:
ExteriorAnterior Application (“E” or “I”):
Fabrica tor(s)/Collabora tor@)
UFI! or UCV? Name Address Telephone
Method of Fabrication
Fabrication Documents
Note: Fabrication documents for the Work of Art which have been provided to the City or
are being submitted along with a Catalogue Worksheet.
0 Working Drawings/Plans
0 As-built Drawings
0 Working Model
0 Material Samples (describe)
0 Specifications (describe)
Maintenance Instructions Describe the suggested maintenance procedure for the
following:
Cleaninq
Materials
Instructions
Frequency
Redacement Parts (List any components which require regular replacement)
Materials
Sources
Paints/Finishes
Primers
Paints
Number of coats
Graffiti Protection
(Describe whether or not provided or required)
Lighting
Exhibition History
Publications
PREPARER'S NAME
(print fu// name)
PREPAREER'S SIGNATURE
DATE
0 Artist of the Work 0 Owner of the Work 0 Artist's Spouse
0 Artist's Rep (describe)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
RESOLUTION 108,2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
AGREEMENTS FOR PHASE I ARTISTIC BUS SHELTERS TO
WINSLOW WEDIN, CARLOS ALVES, MCMOW ART AND GLASS,
INC., MARK FULLER (YELLOW), AND MARK FULLER (GREEN)
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BEACH GARDENS, FLORIDA AWARDING SEMI-FINALIST
WHEREAS, the City desires to award a semi-finalist agreement for an award of
$2,000 to five (5) artists for the purposes of designing a detailed schematic proposal for
approval by the City; and
WHEREAS, the City has issued Request for Proposals (RFP 2009-010) for
Artistic Bus Shelters, which is incorporated herein by reference; and
WHEREAS, the City received responses to RFQ 2009-010 from eleven (1 1)
artists, of which five (5) artists were selected as semi-finalists; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards the semi-finalist agreements for the
Artistic Bus Shelters to Winslow Wedin, Carlos Alves, McMow Art and Glass, Inc., Mark
Fuller (yellow) and Mark Fuller (green), and authorizes the Mayor to execute such
agreements, attached hereto and incorporated herein as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
1
2
3
4
5
6
7
8
9
IO
11
12
13
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
Resolution 108, 2009
PASSED AND ADOPTED this day of , 2009.
CITY OF PALM BEACH GARDENS, FLORIDA
PV.
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
- VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
-- AYE NAY ABSENT
G:bttorney-share\RESOLUTlONSPOO9\Resolution 108 2009 -Award of 5 semi-finalist bus shelter agreemenkdoc
2
Resolution 108, 2009
EXHIBIT “A”
SEMI-FINALIST AGREEMENT FOR ARTISTIC BUS SHELTERS
THIS AGREEMENT is made and entered by and between the City of Palm
Beach Gardens, whose address is 10500 North Military Trail, Palm Beach Gardens,
Florida 33410 (“City”), and Winslow Wedin (“Artist”), whose address is 850 West Royal
Palm Road, Boca Raton, Florida 33486.
WIT N E SS ETH:
WHEREAS, the Art in Public Places Advisory Board has recommended retaining
the Artist for Phase I of Request for Proposal (RFP) No. 2009-10, Artistic Bus Shelters,
for the design, fabrication, and installation of up to four (4) bus shelters located in the
City of Palm Beach Gardens, Florida.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained, the parties agree as follows:
1. Proiect Description
A. The Project shall consist of three phases: Phase 1 - Schematic Proposal;
Phase 2 - Design, Fabrication, and Construction; and Phase 3 - Installation.
B. The Artist shall design a Schematic Proposal for approval by the City.
C. The selected Artist shall design, fabricate, construct, and install up to four
(4) site-specific, outdoor bus shelters (“Shelters”) to be installed on the specific sites as
designated in the RFP. The Shelters shall be designed specifically for, and integrated
into, the existing locations and shall comply with all wind, storm, and other city, county,
and state specifications pertaining to outdoor construction.
D. The full-scale Shelters realized from the design concept of the Schematic
Proposal shall have a total budget not to exceed Forty-five Thousand Dollars
($45,000.00) for each bus shelter site (iiProject Budget”). The Project Budget is
inclusive of the engineering fees, architectural fees, site planning, surveying, all
materials, fabrication, transportation, on-site project management, site work, foundation,
installation, installation equipment, engineering fees, insurancebond costs, all artist
travel costs to the site, and all fees associated with the project associated with the
implementation of the Schematic Proposal, unless otherwise specifically excluded in
writing. The Project Budget is allocated accordingly: Phase 1 shall consist of two (2)
payments; Phase 2 and Phase 3 shall consist of payments pursuant to the Finalist
Agreement incorporated in the RFP.
1
E. The Artist shall be responsible for hiring and paying an engineer and other
such design professionals, licensed in Florida, to design and connect the Shelter. The
installation and costs of all connection systems referenced herein and the Shelters shall
be the Artist's responsibility.
2. Schematic Proposal
The Artist shall create a Schematic Proposal for each of the sites, which shall
include: 1) Conceptual Approach - a three-dimensional physical model, computer model
or detailed drawings; 2) Written Statement - a typewritten proposal that specifies how
the conceptual approach relates to the site and how the artwork, amenities and/or
enhancements address site needs, the fabrication process, project timeline,
maintenance guidelines, and an itemized budget, including artist fees, gallery
commission (if applicable), all materials, fabrication, transportation, on-site project
management, installation, including any site modifications required, foundation,
installation equipment, engineering fees, insurance fees, all artist travel costs to and
from the site, per diem expenses, project documentation, plaques and/or signage, and a
contingency to cover unexpected expenses and all fees, including permits, for all items
associated with the art piece(s) (5 page maximum); and 3) Materials List - a list of
proposed materials to be used to complete the project.
All visits to the Site(s) deemed necessary by the Artist shall be included in the
Proposal Fee. The date for completion, presentation, and delivery of the Schematic
Proposal is to be mutually agreed upon by the parties.
3. Payment and Invoicing
A. Payment for Phase 1 - Schematic Proposal. The City shall pay the Artist
an initial sum of One Thousand Dollars ($1,000.00) upon execution of this Agreement
by both parties. The City shall pay the Artist an additional One Thousand Dollars
($1,000.00) upon delivery and presentation of the Schematic Proposal to the City by the
agreed date of completion for a total of Two Thousand Dollars ($2,000.00).
B. The Artist shall submit one (1) invoice for two payments of One Thousand
Dollars ($1,000.00) for a total of Two Thousand Dollars ($2,000.00). The Artist shall
reference Section 3.A. of the Semi-Finalist Agreement. The Invoice shall be addressed
as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Allyson Black
2
4. Authorization
There is no agreement, either expressed or implied, that the City shall enter into
a contract or issue to the Artist a Notice to Proceed for Phase 2: Design Implementation
of the Project or for any other phase. If the City accepts the Schematic Proposal of the
selected Proposer, the City may enter into a contract with the Artist to continue to the
next phase of the Project. Completion of the Project shall be on a mutually agreed upon
schedule and shall stipulate the approved funds for each particular phase.
5. Intellectual Propertv Rights
If the City accepts the Schematic Proposal, the Artist shall grant to the City title to
the Schematic Proposal, models, drawings, digital images, and video, in addition to a
non-exclusive royalty-free license to reproduce analog and digital images of the
Schematic Proposal for advertising and publicity purposes only.
6. Miscellaneous Provisions
A. This Agreement constitutes the entire understanding and agreement
between the parties with respect to the subject matter hereof.
B. All of the terms and provisions of this Agreement, whether so expressed
or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors, and permitted assigns.
C. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
D. This Agreement and all transactions contemplated by this Agreement shall
be governed by, and construed and enforced in accordance with, the laws of the State
of Florida without regard to any contrary conflicts of law principle. Venue of all
proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the
selection of venue.
E. This Agreement may not be modified unless such modification is set forth
in writing and signed by both parties.
F. This Agreement may not be assigned without the prior written consent of
all parties to this Agreement.
3
G. It is hereby understood and agreed that in the event any lawsuit in the
judicial system, federal or state, is brought to enforce compliance with this Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes,
the non-prevailing party shall pay to the prevailing party reasonable attorney’s fees and
costs, including appellate fees and costs.
H. The effective date of this Agreement shall be as of the date it has been
executed by all the parties hereto.
I. This Agreement may be terminated by the City at any time for
convenience upon seven (7) days’ prior written notice to the Artist. Should the City
terminate this Agreement, the Artist shall be paid a total fee of Two Thousand Dollars
($2,000.00). The City shall be relieved of all liability hereunder.
J. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
(The remainder of this page intentionally left blank.)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2009.
(SEAL)
CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Executed by the Artist this 23 day of &r OkEiZ , 2009.
By:
Winslow Wedin
G:bttorney_share\AGREEMENTS\Final_Semi-FinalistAgreement - winslow wedin.docx
5
SEMI-FINALIST AGREEMENT FOR ARTISTIC BUS SHELTERS
THIS AGREEMENT is made and entered by and between the City of Palm
Beach Gardens, whose address is 10500 North Military Trail, Palm Beach Gardens,
Florida 3341 0 (“City”), and Carlos Alves (“Artist”), whose address is 1 157 SW 6‘h Street,
Miami, Florida 331 30.
WITNESSETH:
WHEREAS, the Art in Public Places Advisory Board has recommended retaining
the Artist for Phase 1 of Request for Proposal (RFP) No. 2009-10, Artistic Bus Shelters,
for the design, fabrication, and installation of up to four (4) bus shelters located in the
City of Palm Beach Gardens, Florida.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained, the parties agree as follows:
1. Proiect Description
A. The Project shall consist of three phases: Phase 1 - Schematic Proposal;
Phase 2 - Design, Fabrication, and Construction; and Phase 3 - Installation.
B. The Artist shall design a Schematic Proposal for approval by the City.
C. The selected Artist shall design, fabricate, construct, and install up to four
(4) site-specific, outdoor bus shelters (‘Shelters”) to be installed on the specific sites as
designated in the RFP. The Shelters shall be designed specifically for, and integrated
into, the existing locations and shall comply with all wind, storm, and other city, county,
and state specifications pertaining to outdoor construction.
D. The full-scale Shelters realized from the design concept of the Schematic
Proposal shall have a total budget not to exceed Forty-five Thousand Dollars
($45,000.00) for each bus shelter site (“Project Budget”). The Project Budget is
inclusive of the engineering fees, architectural fees, site planning, surveying, all
materials, fabrication, transportation, on-site project management, site work, foundation,
installation, installation equipment, engineering fees, insurancehond costs, all artist
travel costs to the site, and all fees associated with the project associated with the
implementation of the Schematic Proposal, unless otherwise specifically excluded in
writing. The Project Budget is allocated accordingly: Phase 1 shall consist of two (2)
payments; Phase 2 and Phase 3 shall consist of payments pursuant to the Finalist
Agreement incorporated in the RFP.
1
E. The Artist shall be responsible for hiring and paying an engineer and other
such design professionals, licensed in Florida, to design and connect the Shelter. The
installation and costs of all connection systems referenced herein and the Shelters shall
be the Artist's responsibility.
2. Schematic Proposal
The Artist shall create a Schematic Proposal for each of the sites, which shall
include: 1) Conceptual Approach - a three-dimensional physical model, computer model
or detailed drawings; 2) Written Statement - a typewritten proposal that specifies how
the conceptual approach relates to the site and how the artwork, amenities and/or
enhancements address site needs, the fabrication process, project timeline,
maintenance guidelines, and an itemized budget, including artist fees, gallery
commission (if applicable), all materials, fabrication, transportation, on-site project
management, installation, including any site modifications required, foundation,
installation equipment, engineering fees, insurance fees, all artist travel costs to and
from the site, per diem expenses, project documentation, plaques and/or signage, and a
contingency to cover unexpected expenses and all fees, including permits, for all items
associated with the art piece(s) (5 page maximum); and 3) Materials List - a list of
proposed materials to be used to complete the project.
All visits to the Site(s) deemed necessary by the Artist shall be included in the
Proposal Fee. The date for completion, presentation, and delivery of the Schematic
Proposal is to be mutually agreed upon by the parties.
3. Payment and lnvoicinq
A. Payment for Phase 1 - Schematic Proposal. The City shall pay the Artist
an initial sum of One Thousand Dollars ($1,000.00) upon execution of this Agreement
by both parties. The City shall pay the Artist an additional One Thousand Dollars
($1,000.00) upon delivery and presentation of the Schematic Proposal to the City by the
agreed date of completion for a total of Two Thousand Dollars ($2,000.00).
B. The Artist shall submit one (1) invoice for two payments of One Thousand
Dollars ($1,000.00) for a total of Two Thousand Dollars ($2,000.00). The Artist shall
reference Section 3.A. of the Semi-Finalist Agreement. The Invoice shall be addressed
as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Allyson Black
2
4. Authorization
There is no agreement, either expressed or implied, that the City shall enter into
a contract or issue to the Artist a Notice to Proceed for Phase 2: Design Implementation
of the Project or for any other phase. If the City accepts the Schematic Proposal of the
selected Proposer, the City may enter into a contract with the Artist to continue to the
next phase of the Project. Completion of the Project shall be on a mutually agreed upon
schedule and shall stipulate the approved funds for each particular phase.
5. Intellectual Property Rights
If the City accepts the Schematic Proposal, the Artist shall grant to the City title to
the Schematic Proposal, models, drawings, digital images, and video, in addition to a
non-exclusive royalty-free license to reproduce analog and digital images of the
Schematic Proposal for advertising and publicity purposes only.
6. Miscellaneous Provisions
A. This Agreement constitutes the entire understanding and agreement
between the parties with respect to the subject matter hereof.
B. All of the terms and provisions of this Agreement, whether so expressed
or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors, and permitted assigns.
C. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
D. This Agreement and all transactions contemplated by this Agreement shall
be governed by, and construed and enforced in accordance with, the laws of the State
of Florida without regard to any contrary conflicts of law principle. Venue of all
proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the
selection of venue.
E. This Agreement may not be modified unless such modification is set forth
in writing and signed by both parties.
F. This Agreement may not be assigned without the prior written consent of
all parties to this Agreement.
3
G. It is hereby understood and agreed that in the event any lawsuit in the
judicial system, federal or state, is brought to enforce compliance with this Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes,
the non-prevailing party shall pay to the prevailing party reasonable attorney's fees and
costs, including appellate fees and costs.
H. The effective date of this Agreement shall be as of the date it has been
executed by all the parties hereto.
1. This Agreement may be terminated by the City at any time for
convenience upon seven (7) days' prior written notice to the Artist. Should the City
terminate this Agreement, the Artist shall be paid a total fee of Two Thousand Dollars
($2,000.00). The City shall be relieved of all liability hereunder.
J. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
(The remainder of this page intentionally left blank.)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of ,2009.
CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By:
Joseph R. Russo, Mayor
ATTEST:
Bv: -J- Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
fl
By:: . Rosillo, Asst. City Attorney
Executed by the Artist this day of 2009.
ARTIST
By: - Carlos Alves -
G:\attorney_share\AGREEMENTS\FinaI_Semi-FinalistAgreement - carlos alves.docx
5
SEMI-FINALIST AGREEMENT FOR ARTISTIC BUS SHELTERS
THIS AGREEMENT is made and entered by and between the City of Palm
Beach Gardens, whose address is 10500 North Military Trail, Palm Beach Gardens,
Florida 33410 (“City”), and McMow Art and Glass, Inc. (“Artist”), whose address is 701
North Dixie Highway, Lake Worth, Florida 33460.
WIT N E S S ETH:
WHEREAS, the Art in Public Places Advisory Board has recommended retaining
the Artist for Phase I of Request for Proposal (RFP) No. 2009-10, Artistic Bus Shelters,
for the design, fabrication, and installation of up to four (4) bus shelters located in the
City of Palm Beach Gardens, Florida.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained, the parties agree as follows:
1. Proiect Description
A. The Project shall consist of three phases: Phase 1 - Schematic Proposal;
Phase 2 - Design, Fabrication, and Construction; and Phase 3 - Installation.
B. The Artist shall design a Schematic Proposal for approval by the City.
C. The selected Artist shall design, fabricate, construct, and install up to four
(4) site-specific, outdoor bus shelters (“Shelters”) to be installed on the specific sites as
designated in the RFP. The Shelters shall be designed specifically for, and integrated
into, the existing locations and shall comply with all wind, storm, and other city, county,
and state specifications pertaining to outdoor construction.
D. The full-scale Shelters realized from the design concept of the Schematic
Proposal shall have a total budget not to exceed Forty-five Thousand Dollars
($45,000.00) for each bus shelter site (“Project Budget”). The Project Budget is
inclusive of the engineering fees, architectural fees, site planning, surveying, all
materials, fabrication, transportation, on-site project management, site work, foundation,
installation, installation equipment, engineering fees, insurancebond costs, all artist
travel costs to the site, and all fees associated with the project associated with the
implementation of the Schematic Proposal, unless otherwise specifically excluded in
writing. The Project Budget is allocated accordingly: Phase 1 shall consist of two (2)
payments; Phase 2 and Phase 3 shall consist of payments pursuant to the Finalist
Agreement incorporated in the RFP.
E. The Artist shall be responsible for hiring and paying an engineer and other
such design professionals, licensed in Florida, to design and connect the Shelter. The
installation and costs of all connection systems referenced herein and the Shelters shall
be the Artist's responsibility.
2. Schematic Proposal
The Artist shall create a Schematic Proposal for each of the sites, which shall
include: 1) Conceptual Approach - a three-dimensional physical model, computer model
or detailed drawings; 2) Written Statement - a typewritten proposal that specifies how
the conceptual approach relates to the site and how the artwork, amenities and/or
enhancements address site needs, the fabrication process, project timeline,
maintenance guidelines, and an itemized budget, including artist fees, gallery
commission (if applicable), all materials, fabrication, transportation, on-site project
management, installation, including any site modifications required, foundation,
installation equipment, engineering fees, insurance fees, all artist travel costs to and
from the site, per diem expenses, project documentation, plaques and/or signage, and a
contingency to cover unexpected expenses and all fees, including permits, for all items
associated with the art piece(s) (5 page maximum); and 3) Materials List - a list of
proposed materials to be used to complete the project.
All visits to the Site(s) deemed necessary by the Artist shall be included in the
Proposal Fee. The date for completion, presentation, and delivery of the Schematic
Proposal is to be mutually agreed upon by the parties.
3. Payment and lnvoicinq
A. Payment for Phase 1 - Schematic Proposal. The City shall pay the Artist
an initial sum of One Thousand Dollars ($1,000.00) upon execution of this Agreement
by both parties. The City shall pay the Artist an additional One Thousand Dollars
($1,000.00) upon delivery and presentation of the Schematic Proposal to the City by the
agreed date of completion for a total of Two Thousand Dollars ($2,000.00).
B. The Artist shall submit one (I) invoice for two payments of One Thousand
Dollars ($1,000.00) for a total of Two Thousand Dollars ($2,000.00). The Artist shall
reference Section 3.A. of the Semi-Finalist Agreement. The Invoice shall be addressed
as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Allyson Black
2
4. Authorization
There is no agreement, either expressed or implied, that the City shall enter into
a contract or issue to the Artist a Notice to Proceed for Phase 2: Design Implementation
of the Project or for any other phase. If the City accepts the Schematic Proposal of the
selected Proposer, the City may enter into a contract with the Artist to continue to the
next phase of the Project. Completion of the Project shall be on a mutually agreed upon
schedule and shall stipulate the approved funds for each particular phase.
5. Intellectual Property Rights
If the City accepts the Schematic Proposal, the Artist shall grant to the City title to
the Schematic Proposal, models, drawings, digital images, and video, in addition to a
non-exclusive royalty-free license to reproduce analog and digital images of the
Schematic Proposal for advertising and publicity purposes only.
6. Miscellaneous Provisions
A. This Agreement constitutes the entire understanding and agreement
between the parties with respect to the subject matter hereof.
B. All of the terms and provisions of this Agreement, whether so expressed
or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors, and permitted assigns.
C. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
D. This Agreement and all transactions contemplated by this Agreement shall
be governed by, and construed and enforced in accordance with, the laws of the State
of Florida without regard to any contrary conflicts of law principle. Venue of all
proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the
selection of venue.
E. This Agreement may not be modified unless such modification is set forth
in writing and signed by both parties.
F. This Agreement may not be assigned without the prior written consent of
all parties to this Agreement.
3
G. It is hereby understood and agreed that in the event any lawsuit in the
judicial system, federal or state, is brought to enforce compliance with this Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes,
the non-prevailing party shall pay to the prevailing party reasonable attorney’s fees and
costs, including appellate fees and costs.
H. The effective date of this Agreement shall be as of the date it has been
executed by all the parties hereto.
1. This Agreement may be terminated by the City at any time for
convenience upon seven (7) days’ prior written notice to the Artist. Should the City
terminate this Agreement, the Artist shall be paid a total fee of Two Thousand Dollars
($2,000.00). The City shall be relieved of all liability hereunder.
J. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
(The remainder of this page intentionally left blank.)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of ,2009.
CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
(SEAL)
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL ICIENCY
BY
Executed by the Artist this /q day of ,2009.
ARTIST
McMOW ART AND GLASS, INC.
WITNESS:
By:
Print Name: *jC/A B€S&v
(CORPORATE SEAL)
G:\attorney_share\AGREEMENTS\Final_Semi-FinalistAgreement_mcmow art and glass inc.docx
5
SEMI-FINALIST AGREEMENT FOR ARTISTIC BUS SHELTERS
THIS AGREEMENT is made and entered by and between the City of Palm
Beach Gardens, whose address is 10500 North Military Trail, Palm Beach Gardens,
Florida 3341 0 (“City”), and Mark Fuller (“Artist”), whose address is 2625 Ravella Lane,
Palm Beach Gardens, Florida 3341 0, for his “Yellow” Proposal.
WITNESSETH:
WHEREAS, the Art in Public Places Advisory Board has recommended retaining
the Artist for Phase I of Request for Proposal (RFP) No. 2009-10, Artistic Bus Shelters,
for the design, fabrication, and installation of up to four (4) bus shelters located in the
City of Palm Beach Gardens, Florida.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained, the parties agree as follows:
1. Proiect Description
A. The Project shall consist of three phases: Phase 1 - Schematic Proposal;
Phase 2 - Design, Fabrication, and Construction; and Phase 3 - Installation.
B. The Artist shall design a Schematic Proposal for approval by the City.
C. The selected Artist shall design, fabricate, construct, and install up to four
(4) site-specific, outdoor bus shelters (“Shelters”) to be installed on the specific sites as
designated in the RFP. The Shelters shall be designed specifically for, and integrated
into, the existing locations and shall comply with all wind, storm, and other city, county,
and state specifications pertaining to outdoor construction.
D. The full-scale Shelters realized from the design concept of the Schematic
Proposal shall have a total budget not to exceed Forty-five Thousand Dollars
($45,000.00) for each bus shelter site (“Project Budget”). The Project Budget is
inclusive of the engineering fees, architectural fees, site planning, surveying, all
materials, fabrication, transportation, on-site project management, site work, foundation,
installation, installation equipment, engineering fees, insurancehond costs, all artist
travel costs to the site, and all fees associated with the project associated with the
implementation of the Schematic Proposal, unless otherwise specifically excluded in
writing. The Project Budget is allocated accordingly: Phase 1 shall consist of two (2)
payments; Phase 2 and Phase 3 shall consist of payments pursuant to the Finalist
Agreement incorporated in the RFP.
1
E. The Artist shall be responsible for hiring and paying an engineer and other
such design professionals, licensed in Florida, to design and connect the Shelter. The
installation and costs of all connection systems referenced herein and the Shelters shall
be the Artist's responsibility.
2. Schematic Proposal
The Artist shall create a Schematic Proposal for each of the sites, which shall
include: 1) Conceptual Approach - a three-dimensional physical model, computer model
or detailed drawings; 2) Written Statement - a typewritten proposal that specifies how
the conceptual approach relates to the site and how the artwork, amenities and/or
enhancements address site needs, the fabrication process, project timeline,
maintenance guidelines, and an itemized budget, including artist fees, gallery
commission (if applicable), all materials, fabrication, transportation, on-site project
management, installation, including any site modifications required, foundation,
installation equipment, engineering fees, insurance fees, all artist travel costs to and
from the site, per diem expenses, project documentation, plaques and/or signage, and a
contingency to cover unexpected expenses and all fees, including permits, for all items
associated with the art piece(s) (5 page maximum); and 3) Materials List - a list of
proposed materials to be used to complete the project.
All visits to the Site(s) deemed necessary by the Artist shall be included in the
Proposal Fee. The date for completion, presentation, and delivery of the Schematic
Proposal is to be mutually agreed upon by the parties.
3. Pavment and lnvoicinq
A. Payment for Phase 1 - Schematic Proposal. The City shall pay the Artist
an initial sum of One Thousand Dollars ($1,000.00) upon execution of this Agreement
by both parties. The City shall pay the Artist an additional One Thousand Dollars
($1,000.00) upon delivery and presentation of the Schematic Proposal to the City by the
agreed date of completion for a total of Two Thousand Dollars ($2,000.00).
B. The Artist shall submit one (1) invoice for two payments of One Thousand
Dollars ($1,000.00) for a total of Two Thousand Dollars ($2,000.00). The Artist shall
reference Section 3.A. of the Semi-Finalist Agreement. The Invoice shall be addressed
as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Allyson Black
2
4. Authorization
There is no agreement, either expressed or implied, that the City shall enter into
a contract or issue to the Artist a Notice to Proceed for Phase 2: Design Implementation
of the Project or for any other phase. If the City accepts the Schematic Proposal of the
selected Proposer, the City may enter into a contract with the Artist to continue to the
next phase of the Project. Completion of the Project shall be on a mutually agreed upon
schedule and shall stipulate the approved funds for each particular phase.
5. Intellectual Property Rights
If the City accepts the Schematic Proposal, the Artist shall grant to the City title to
the Schematic Proposal, models, drawings, digital images, and video, in addition to a
non-exclusive royalty-free license to reproduce analog and digital images of the
Schematic Proposal for advertising and publicity purposes only.
6. Miscellaneous Provisions
A. This Agreement constitutes the entire understanding and agreement
between the parties with respect to the subject matter hereof.
B. All of the terms and provisions of this Agreement, whether so expressed
or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors, and permitted assigns.
C. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
D. This Agreement and all transactions contemplated by this Agreement shall
be governed by, and construed and enforced in accordance with, the laws of the State
of Florida without regard to any contrary conflicts of law principle. Venue of all
proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the
selection of venue.
E. This Agreement may not be modified unless such modification is set forth
in writing and signed by both parties.
F. This Agreement may not be assigned without the prior written consent of
all parties to this Agreement.
3
G. It is hereby understood and agreed that in the event any lawsuit in the
judicial system, federal or state, is brought to enforce compliance with this Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes,
the non-prevailing party shall pay to the prevailing party reasonable attorney’s fees and
costs, including appellate fees and costs.
H. The effective date of this Agreement shall be as of the date it has been
executed by all the parties hereto.
I. This Agreement may be terminated by the City at any time for
convenience upon seven (7) days’ prior written notice to the Artist. Should the City
terminate this Agreement, the Artist shall be paid a total fee of Two Thousand Dollars
($2,000.00). The City shall be relieved of all liability hereunder.
J. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
(The remainder of this page intentionally left blank.)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
By:
Prinf Name:&pM&
Executed by the City this day of , 2009.
CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
(SEAL)
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
By:
Executed by the Artist this & day of OW- ,2009.
ARTIST
By:
WITNESS:
By:
5
SEMI-FINALIST AGREEMENT FOR ARTISTIC BUS SHELTERS
THIS AGREEMENT is made and entered by and between the City of Palm
Beach Gardens, whose address is 10500 North Military Trail, Palm Beach Gardens,
Florida 33410 (“City”), and Mark Fuller (“Artist”), whose address is 2625 Ravella Lane,
Palm Beach Gardens, Florida 33410, for his “Green” Proposal.
WIT N E SS ET H:
WHEREAS, the Art in Public Places Advisory Board has recommended retaining
the Artist for Phase I of Request for Proposal (RFP) No. 2009-10, Artistic Bus Shelters,
for the design, fabrication, and installation of up to four (4) bus shelters located in the
City of Palm Beach Gardens, Florida.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained, the parties agree as follows:
1. Proiect Description
A. The Project shall consist of three phases: Phase 1 - Schematic Proposal;
Phase 2 - Design, Fabrication, and Construction; and Phase 3 - Installation.
B. The Artist shall design a Schematic Proposal for approval by the City.
C. The selected Artist shall design, fabricate, construct, and install up to four
(4) site-specific, outdoor bus shelters (“Shelters”) to be installed on the specific sites as
designated in the RFP. The Shelters shall be designed specifically for, and integrated
into, the existing locations and shall comply with all wind, storm, and other city, county,
and state specifications pertaining to outdoor construction.
D. The full-scale Shelters realized from the design concept of the Schematic
Proposal shall have a total budget not to exceed Forty-five Thousand Dollars
($45,000.00) for each bus shelter site (“Project Budget”). The Project Budget is
inclusive of the engineering fees, architectural fees, site planning, surveying, all
materials, fabrication, transportation, on-site project management, site work, foundation,
installation, installation equipment, engineering fees, insurance/bond costs, all artist
travel costs to the site, and all fees associated with the project associated with the
implementation of the Schematic Proposal, unless otherwise specifically excluded in
writing. The Project Budget is allocated accordingly: Phase 1 shall consist of two (2)
payments; Phase 2 and Phase 3 shall consist of payments pursuant to the Finalist
Agreement incorporated in the RFP.
1
E. The Artist shall be responsible for hiring and paying an engineer and other
such design professionals, licensed in Florida, to design and connect the Shelter. The
installation and costs of all connection systems referenced herein and the Shelters shall
be the Artist's responsibility.
2. Schematic Proposal
The Artist shall create a Schematic Proposal for each of the sites, which shall
include: 1) Conceptual Approach - a three-dimensional physical model, computer model
or detailed drawings; 2) Written Statement - a typewritten proposal that specifies how
the conceptual approach relates to the site and how the artwork, amenities and/or
enhancements address site needs, the fabrication process, project timeline,
maintenance guidelines, and an itemized budget, including artist fees, gallery
commission (if applicable), all materials, fabrication, transportation, on-site project
management, installation, including any site modifications required, foundation,
installation equipment, engineering fees, insurance fees, all artist travel costs to and
from the site, per diem expenses, project documentation, plaques and/or signage, and a
contingency to cover unexpected expenses and all fees, including permits, for all items
associated with the art piece(s) (5 page maximum); and 3) Materials List - a list of
proposed materials to be used to complete the project.
All visits to the Site(s) deemed necessary by the Artist shall be included in the
Proposal Fee. The date for completion, presentation, and delivery of the Schematic
Proposal is to be mutually agreed upon by the parties.
3. Pavment and lnvoicinq
A. Payment for Phase 1 - Schematic Proposal. The City shall pay the Artist
an initial sum of One Thousand Dollars ($1,000.00) upon execution of this Agreement
by both parties. The City shall pay the Artist an additional One Thousand Dollars
($1,000.00) upon delivery and presentation of the Schematic Proposal to the City by the
agreed date of completion for a total of Two Thousand Dollars ($2,000.00).
B. The Artist shall submit one (1) invoice for two payments of One Thousand
Dollars ($1,000.00) for a total of Two Thousand Dollars ($2,000.00). The Artist shall
reference Section 3.A. of the Semi-Finalist Agreement. The Invoice shall be addressed
as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Allyson Black
2
4. Authorization
There is no agreement, either expressed or implied, that the City shall enter into
a contract or issue to the Artist a Notice to Proceed for Phase 2: Design Implementation
of the Project or for any other phase. If the City accepts the Schematic Proposal of the
selected Proposer, the City may enter into a contract with the Artist to continue to the
next phase of the Project. Completion of the Project shall be on a mutually agreed upon
schedule and shall stipulate the approved funds for each particular phase.
5. Intellectual Property Rights
If the City accepts the Schematic Proposal, the Artist shall grant to the City title to
the Schematic Proposal, models, drawings, digital images, and video, in addition to a
non-exclusive royalty-free license to reproduce analog and digital images of the
Schematic Proposal for advertising and publicity purposes only.
6. Miscellaneous Provisions
A. This Agreement constitutes the entire understanding and agreement
between the parties with respect to the subject matter hereof.
B. All of the terms and provisions of this Agreement, whether so expressed
or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors, and permitted assigns.
C. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
D. This Agreement and all transactions contemplated by this Agreement shall
be governed by, and construed and enforced in accordance with, the laws of the State
of Florida without regard to any contrary conflicts of law principle. Venue of all
proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the
selection of venue.
E. This Agreement may not be modified unless such modification is set forth
in writing and signed by both parties.
F. This Agreement may not be assigned without the prior written consent of
all parties to this Agreement.
3
G. It is hereby understood and agreed that in the event any lawsuit in the
judicial system, federal or state, is brought to enforce compliance with this Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes,
the non-prevailing party shall pay to the prevailing party reasonable attorney’s fees and
costs, including appellate fees and costs.
H. The effective date of this Agreement shall be as of the date it has been
executed by all the parties hereto.
I. This Agreement may be terminated by the City at any time for
convenience upon seven (7) days’ prior written notice to the Artist. Should the City
terminate this Agreement, the Artist shall be paid a total fee of Two Thousand Dollars
($2,000.00). The City shall be relieved of all liability hereunder.
J. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
(The remainder of this page intentionally left blank.)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2009.
CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
(SEAL)
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY -
BY obert A. Rosillo, Asst. City Attorney
Executed by the Artist this zu day of 6~- ,2009.
ARTIST
By:
WITNESS/
G:\attorney_share\AGREEMENTS\Final_Semi-FinalistAgreement-MarkFuIler(Green).docx
5
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager
cc: Mayor and Council
DATE: November 4,2009 A
FROM: Allan Owens, Finance Administrator
I SUBJECT: Council Budget Directives
As per Council’s directives at the October 15, 2009 City Council meeting, I have
researched the following items relative to the FY 201 0/2011 budget:
1. Establishing a non-ad valorem assessment for residential solid waste collection
and recycling.
2. Issuing debt to fund needed items in the Capital Improvement Program.
3. Alternative revenue sources.
Following is a brief discussion and analysis of each of these items, as well as the action
required to implement them.
Establishment of a Uniform Method of Collecting Special Assessments for
Residential Solid Waste Collection and Recvcling
In order to begin collecting special assessments for solid waste collection and recycling,
the Council must first adopt a resolution declaring its intent to use this method, and
transmit a copy of the resolution to the Palm Beach County Property Appraiser, the Palm
Beach County Tax Collector, and the Florida Department of Revenue. In order to have
the assessment in place for the 2010/2011 fiscal year, the resolution and public hearing
must be held prior to January 1, 2010, or, if the Property Appraiser and Tax Collector
agree, March 1, 201 0. The City must also publish notice of its intent to use the uniform
method for collecting assessments in a newspaper of general circulation for four
consecutive weeks preceding the hearing.
After the adoption of the resolution, the City would follow the timeline and procedures set
forth in Chapter 197.3632 of the Florida Statutes, and adopt a non-ad valorem
assessment roll at a public hearing held by September 15. According to the Statutes,
the City would also have to notice this hearing by first-class U.S. mail and by publication
in a newspaper generally circulated within the boundaries of the local government.
According to the Property Appraiser, this would be a one-time cost. In subsequent
years, the TRIM notice of proposed taxes would serve as notice to residents.
By September 15, the City would then certify a non-ad valorem assessment roll in an
electronic medium to the tax collector. One option the City would have to simplify this
process would be to enter into an agreement with the Solid Waste Authority (SWA) to
utilize their non-ad valorem assessment roll. This would require an interlocal agreement,
and there would be no cost charged by the SWA. The City would provide the rates to be
charged for each classification of residential property, and the SWA would then add this
information to their assessment roll that they send to the tax collector.
The estimated costs to implement a non-ad valorem solid waste collection program
would be as follows:
There is a one-time charge to the Property Appraiser of .75 per parcel, which
would equate to approximately $18,400, based on the total of 24,533 residential
units in the City.
There would be a one-time cost of mailing notices to residents prior to the
hearing to adopt a non-ad valorem assessment of approximately $10,800.
Total estimated one time cost - $29,200
The annual charge by the Property Appraiser would be $150 for their interlocal
agreement.
There would be an annual charge by the Tax Collector of 1% of collections for
their interlocal agreement, which would be approximately $26,000.
According to the SWA, there would be no charge to adopt an interlocal
agreement for being added to their assessment roll.
Total estimated annual cost - $26,150
The estimated monthly rates, based on the current Waste Management rate schedule,
would be as follows:
Current Adjusted
Monthly Current
I SF Curb 12,636.00 9.03 9.66
II MF Curb < 5 5,977.00 9.03 9.66
111 MH Curb 361.00 9.03 9.66
IV MFCurb>4 2,341.00 9.03 9.66
II MF Cont e 5 467.00 7.04 7.53
IV MF Cont > 4 2,751.00 7.04 7.53
Category #of Units Rate Rate
Please note, the current rates charged by Waste Management have been adjusted,
assuming that we want to cover 100% of administrative costs, as well as allow for
discounts on early payments of tax bills.
lssuinn Debt to Fund Caloital lmiprovements
As a starting point, I have reviewed the five-year CIP program in the FY 2010 budget,
and identified a total of approximately $9.2 million dollars in projected capital
expenditures in fiscal years 201 1-2014. Using this number as an estimate of the total
debt issue required, I spoke to our financial advisor, Clark Bennett of Spectrum
Municipal Services, Inc.
Based on several recent issues Mr. Bennett has worked on, we might expect an interest
rate of around 4.5% for a 10 year bond. At these terms, the annual debt service on a
$9.2 million dollar loan would be approximately $1.1 million annually, compared to the
projected average of approximately $2.3 million annually if the City were to fund the
entire cost annually on a pay-as-you go method. If we chose to fund something less
than the full $9.2 million in the current five-year program, the annual debt service could
be estimated by multiplying $121,000 by every $1 million financed.
At the projected maximum loan of $9.2 million, Mr. Bennett suggested it would be more
cost effective to simply solicit quotes from banks for a qualified bank financing. The
slight reduction in interest rates that might be achieved from going through selling bonds
through an underwriter would be offset by the additional costs for underwriting, preparing
official statements, and increased bond counsel and financial advisory fees.
In order to repay the bonds, there are two options. The first would be to pledge the
City’s available non-ad valorem revenues; the second would be to levy a separate debt
service millage. In today’s economy, the security of a separate millage levy would
provide a much more secure pledge to a lending institution than a pledge of available
non-ad valorem revenues, and could result in lower rates. In order to implement a
debt service millage, Mr. Bennett advises that the issue would have to go to
referendum and be approved by the voters. Since we have an election in March, the
only additional cost would be to a bond counsel to draft the ballot language. The bond
counsel would also be required to prepare the necessary loan documents and
resolution. The total costs of issuance would probably be in the $30,000 to $40,000
range.
Alternative Revenue Sources
As discussed many times in the past, there are several potential revenue sources that
the City could choose to implement or enhance. These include the following:
1. Communication Service Tax (CST) - Currently, the City collects CST at the rate
of 1.5%, which generates approximately $1 million annually. At the maximum
allowed rate of 5%, an additional $2.3 million would be collected annually.
Chapter 202.21 implements rate changes January 1 each year, and they must be
adopted by the immediately preceding September 1 ; therefore, the next available
window of opportunity to make a rate change would be January 1, 2011, and
would require an ordinance be adopted by September 1, 2010. Based on nine
months’ collections, the total estimated revenue in FY 2010/2011 would be 3/4 of
$2.3 million, or $1.725 million.
Increasing the CST to 5% would have the following effect on a typical resident:
Average
Annual Bill Increase Annual Increase ftnonthly Increase s 2,500.0I4 3.50% $ 54.00 $ 7.00
2. Electric Utilitv Tax - Currently, the City does not levy a utility tax on electric
services. At the maximum allowed rate of lo%, approximately $9 million would
be generated annually. In order to implement a utility tax on electric services, an
ordinance would have to be adopted, and transmitted to Florida Power and Light
(FPL). This could be done at any time during the year.
Implementing a 10% electric utility tax would have the following effect on a typical
resident:
Average
Annual Bd1 increase Annual Increase Monthly Increase
$ 3,000.00 10.00% $ 300.00 $ 25.00
3. Renegotiate Current Electric Franchise Agreement - Currently, the City collects a
6% electric franchise fee from FPL. Per the terms of the agreement, FPL is
allowed to deduct any other fees or taxes paid to the City when calculating the
6% total due. For example, the current 6% fee generates about $5.7 million.
FPL pays approximately $400,000 in property taxes to the City; therefore, their
payments to the City would total $5.3 million in franchise fees, and $400,000 in
property taxes, for total payment to the City of $5.7 million.
FPL has recently approached us with an offer to renegotiate the franchise
agreement, which does not expire until 2014. They have proposed new terms
that would reduce the rate to 5.9%, but would eliminate the provision whereby
they deduct property taxes paid to the City when calculating the total required
payment. In the above example, the total fee generated at the 5.9% rate would
be approximately $5.6 million. However, they would not be allowed to deduct the
property taxes paid of $400,000. Therefore, the total franchise payment to the
City would be about $5.6 million, compared to $5.3 million in the current
agreement, for an increase of $300,000.
The only problem with this proposal is that the increase in the payment to the
City would be passed on to the residents. According to estimates provided by
FPL, a typical monthly 1200 kWh residence, under the existing agreement, would
be billed $1 38.12 (with $6.58 in franchise fees). Under the new franchise, the
bill would be $1 39.50 (with $7.96 in franchise fees). The difference equates to an
additional $1.38 charge on the average monthly bill, or about 1%.
If you have any questions, please let me know.
-- Y
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
November 19,2009
7:OO P.M.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
/I. PLEDGE OF ALLEGIANCE
/IL ROLLCALL
4 IIL ADDITIONS. DELETIONS, MODIFICATIONS
AV ANNOUNCEMENTS / PRESENTATIONS
a. Recognition of the sponsors for Harvest Festival and the Youth Triathlon.
b. [Pape 4) City of Palm Beach Gardens - Winner of the 2009 Eden Public Sector
Excellence Award.
.r V. ITEMS OF RESIDENT MTEREST AND BOARD/COMMITTEE REPORTS:
JVL CITY MANAGER REPORT
'VIL co MMENTS FROM THE PUBLIC. mor Ucms Not on the kenda. Dlease submit
reauest form to the Citv Clerk Drior to this Item)
/W. CONSENT AGENDA:
a. (Pape 6) Approve minutes fiom October 1,2009.
b {Pape 10) Approve minutes from odober 15,2009.
C. {Staff Report on Page 15, Resolution on Page 17) Resolution 107, 2009 -
Interld Agreement with the Solid Waste Authority. A Resolution of the City
Council of the City of Palm Beach Gdeas, Florida approving an Interlocal
Agreement with the Solid Waste Authority of Palm Beach County for the delivery
of Municipal Solid Waste to desi;goated fhcilities, and for a Municipal Revenue-
Sharing Recycling Program, authorizing the Mayor to execute the agreement;
providing an effective date; and for other purposes.
d. {Page 28) Proclamation - SO* Anniversary Celebration.
M. PUBLIC HEARINGS:
Part I - Quasi-iudicial
Ofderto~aodamendtk conditional Use and site plan apj~oval and
CoLditioIls to a separate Redutioq providing tht future amendments to
cooditional Use my be made by Resolution ofthe City Council; providing a
blated
.n
Resolution 84,2009 is a companion itcm to Ordinance 32,2009
and wSl nquirc Council action.
Part I1 - Non-Ouasi-iudicial
X. RESOLUTIONS:
kStaff Report on PaPe 149. Resolution om Page 443) Resolution 108, 2009 -
Awarding semi-finalist Asreepnents fw Phase I AItistic Bus Shelters. A
fin Phase I Artistic Bus Shelters to Winslow edin, Carlos Alves, McMow Art aad Glass Inc., Msrk Fuller (yellow), and
IUtKm of the cay counal of the city of Ram Beach Gad- Florida
warding semi-finalkt F nrlr Wrnll~ /mf&&pw& ..
XI ORDINANCES: (For Consideration on First Reading)
XIL ITEMS FOR COUNCIL ACI'ION/DISCUSSION:
a. [Page 17 1 ) council Budget Directives
Establishing a non-ad valorem assessment for residential solid waste
collection and recycling.
Issuing debt to knd needed items in the Capital Improvement Program.
Alternative revenue sources.
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 clity Council with rcspad to my lllQLfer considered at this public
hearing, such interestedpersorrs wiU need a record of the pmdngs and may need to ensure
that a verbatim record is mu&, inelkding the testimony and &nee upon which the appeal is
to be based
In accotdance with the Anraicclrrs with Disrrbilirics Ad and sccdion 28626, Florida Statutes,
persons with disabiMes needing spxiai arccOrrrmOdaaOllS in order to participate in this
proceeding am en&M to the pmvision of cntain assistance at no cost PIeaSe call the City
Clerk's office at 561-799-4122 no later tkon 5 &zys prior to the kerning if this assistance is
required For hearing impaid us&ame, prwsC 4 the Flosida Reloy Service Numbem:
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
COUNCIL AGENDA
November 19,2009
7:OO P.M.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
sngz.7' '?:02- Council Member Barnett
gpD 8:3J Council Member Premuroso
I. J PLEDGE OF ALLEGIANCE
11. /ROLL CALL
{- 0 111. /ADDITIONS, DELETIONS, MODIFICATIONS:
IV J ANNOUNCEMENTS / PRESENTATIONS:
a. Recognition of the sponsors for Harvest Festival and the Youth Triathlon.
b. /Pane 4) City of Palm Beach Gardens - Winner of the 2009 Eden Public Sector
Excellence Award.
V. J ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. J CITY MANAGER REPORT:
VII. /COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit
reauest form to the Citv Clerk prior to this Item1
VIIIJCONSENT AGENDA:
a. page 6) Approve minutes from October 1,2009.
b. pave 10) Approve minutes from October 15,2009.
C. lstaff Report on Page 15, Resolution on Pane ln Resolution 107, 2009 -
Interlocal Agreement with the Solid Waste Authority. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with the Solid Waste Authority of Palm Beach County for the delivery
of Municipal Solid Waste to designated facilities, and for a Municipal Revenue-
Sharing Recycling Program; authorizing the Mayor to execute the agreement;
providing an effective date; and for other purposes.
5-
d. @age. 28) Proclamation - 50* Anniversary Celebration.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. (Staff Report Qn Pane 29. Ordinance Qn Page 40. Resolution on Pane 431
Ordinance 32, 2009 - (2nd reading an adoption) Temple Beth David. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
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 fbture 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.
relating to the expansion of the Temple Beth David, located on Hood Road
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 I1 - Non-Ouaai-iudicial
a. (Staff Report ,on Page 54, Ordinance on Pane 144) Ordinance 15, 2009 - (1”
reading) BallenIsles West Outparcel. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida adopting a small-scale amendment to its
Comprehensive Development Plan in accordance with the mandates set forth in
Chapter 163, Florida Statutes, specifically Section 163.3 187(l)(c), et seq.,
Florida Statutes, which provides for an amendment to the City’s Future Land Use
Map designating one (1) parcel of real property comprising approximately 7.3 1
acres, more or less, in size as “(PO) Professional Office”; such parcel of land is
located at the Southwest corner of the intersection of PGA Boulevard and
BallenIsles drive, informally known as “BallenIsles West Outparcel”; providing
for compliance with all requirements of Chapter 163, FZorida Statutes; providing
a conflicts clause and a severability clause; providing an effective date; and for
other purposes .
6 P 5‘~f fl
POS
,/aP
X. RESOLUTIONS:
a. (Staff Rewrt on Page 149. Resolution on Pane 443) Resolution 108, 2009 -
Awarding semi-finalist Agreements for Phase I Artistic Bus Shelters. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding semi-finalist Agreements for Phase I Artistic Bus Shelters to Winslow
Wedin, Carlos Alves, McMow Art and Glass, Inc., Mark Fuller (yellow), and
Mark Fuller (green) providing an effective date; and for other purposes.
5
XI ORDINANCES: (For Consideration on First Reading)
PWK
XII. J ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. {Page 471) Council Budget Directives
0 Establishing a non-ad valorem assessment for residential solid waste
collection and recycling.
0 Issuing debt to fund needed items in the Capital Improvement Program.
Alternative revenue sources.
XIII. CITY ATTORNEY REPORT:
FJWL
XIV. JaDJOURNMENT
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 interestedpersons 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 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
pad 5-O
CITY COUNCIL MEETING 11/19/09
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS.
DELETIONS:
MODIFlC ATIONS:
Judicial
NONE
NONE
Under PUBLIC HEARING PART I - Quasi-
Ordinance 32, 2009 and Resolution 84, 2009 -
Temple Beth David.
The petitioner did not prepare the 113
certifiedreceipt mailings required for public
notices and has asked for a postponement to date
certain of December 3,2009.
A copy of the letter dated November 17, 2009
fiom Mr. Larry Winker has been provided for each
member of Council.
.. .. Under PUBLIC HEARINGS Part II - Non-Ows~~dd
Ordinance 15,2009 - BallenIsles West Outparcel.
The applicant for the property owner has requested
a postponement until date certain of January 21,
2010.
A copy of the letter dated October 15, 2009 from
Mr. John Tiffany has been provided for each
member of Council.
Comments From The Public Request to Address City Council Please Print Name: Address: City: ‘i;l 0 bcrk w EG\t;SoT\ 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 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: Address: 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.
November 17,2009
Kate Wilson
Growth Management
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Reference: Conditional use Petition
Ci of Palm Beach Gardens
Development Application for
Temple Beth David
4657 hood road
Palm Beach Gardens, Florida 33418
Petition Number: CUMJ 08 09 000015
Dear Kate:
We are requesting that the Public Hearing of the above referenced petition,
scheduled for November 19.2009, be rescheduled for December 3.2009.
The primary reason for the request is related to our not having been fully
prepared to make the certified mail receipt mailing of the 113 required
public notices as we went to the post office for our mailing on November 5.
We appreciate your cooperation in this matter.
If I may be of further assistance please contact me.
Sincerely,
Lany J. Winker Architect AIA
LARRY J WINKER ARCHfECT AfA
PHONE 581 997 5997 FAX 997 2997
PAULA T WINKER CONTRACTOR CGC
PHONE 561 997 5772 FAX 997 2997
STUD80 s EV EN ARCHITECTURE AND CONSTRUCTION
6007 LE LAC ROAD BOCA RATON FLORIDA USA 33496 2303
..
....% ..,. . .' ' .. .
..
.a ... . . . ..
e.
.. .... ' c .
._. . .. .. . .. . ,
...I ' .'..'. :
c..,.,
+
._._. .. . . ..., ' .,.: ' .. .
..
r...
'? ... Ai.:.
...'.- . .. .::. .'
'A
:. . ...
.. . .. . .. , . .. .. 1. . .
October 15,2009
As you know aI1 to well the City councif public hearing an this ma#er was continued
hm April 2,2009 to Novmk 19,2009. Well, siw# that last hcaring we he been
actively engaged in Mer discussions, meeQings and negdiatiolls with the BICA
representatives and theit attorney, Gregory Kino, Esq..
Sorry for the multiple cxdmatim, tw4tta2mfirliy we ate nearimg the end of a long
journey.
a
3- P I
3
f
'i)
a a 0 W E 2 '5 0
W
a k a
4) B
.
A c, i
4 G
a m
r 51 0
a 0 W a
.rl c,
m 0 0
(v
A
a c,
Date:
Time:
Location:
t. \ Food &Beveragc
Schedule:
5dh Anniversary Celebration Event Schedule
Saturday, November 21,2009
4:OO p.m. - 9:00 p.m.
Set up to begin at 9AM, road closing at Noon, vendors and community
groups set up at 2PM
Parking: Gardens Park and City Hall lots and overflow at Weiss School
and PBG High School. HC parking will be provided.
Staflparking at Lilac Park.
Complimentary hotdog, chips, and drink for first 3000 attendees
Culinary World of PBG (limited tastings provided by local
Various other food items for sale in the Marketplace. Amara Shriners
serving popcorn for a donation.
Burns Road Recreation Campus
(4:OO p.m. until supplies are depleted), PBGYAA cooking & serving.
restaurants).
Activities beginning at 4:OO p.m. and continuing throughout the event:
Kids Carnival Outdoor Area
PBGYAA hosting Football Toss and Mouse Hole games
University of Phoenix hosting Cake walk and Melon seed spiting
Dwyer HS Student Government hosting Hoop Toss
Dwyer HS Future Business Leaders hosting Spot the logo
Dwyer HS Key Club hosting Washer game
PBG Residents Coalition hosting Tic Tac Toe
TKA Preschool hosting the Duck Pond
Timber Trace Elementary School “Readcycle” book exchange
Community Entertainment Auditorium
Marketplace Outdoor Area
37 Registered
Classic Car Show Burns Road
Partnered with Southeast Rods and Customs
Historical Society Display Dance Room
Partnered with the PBG Historical Society
Strolling Entertainment Outdoor Area
Clownsfiom Amara Shriners
Local Mascots and other entertainers
Recreation Demonstrations BRRC
Picnic Zone Outdoor Area
Booths Outdoor Area
4:30 p.m. - 6:OO p.m.: Outdoor Stage
5:OO p.m. - 7:OO p.m.:
6:45 p.m. - 9:00 p.m.:
Music:
“The Five Boroughs” - 50’s & 60’s era music
Brian Jakob - Beach & Island music
“OPM-Other Peoples Music” - 70’s’ 80’s & 90’s music
Pool Patio
Outdoor Stage
Time specific activities:
4:OO p.m. - 7:OO p.m. Preschool Action Zone
4:OO p.m. - 6:30 p.m. PBC Model Yacht Squadron
5:OO p.m. - 8:30 p.m. Old Fashioned Games
6:OO p.m. - 6:45 p.m. Recognition Ceremony
Outdoor Area
Competition Pool
Outdoor Area
Outdoor Stage
PBC Woman’s Club hosting “The Animal Safari Hunt”at 5PM
Current and past Council Members and Mayors will be invited to join
in the celebration and be recognized at this ceremony beginning at 6:OO p.m. We will also take
this opportunity to recognize and thank the MacArthur Foundation for its contribution/grant.
The statue will be unveiled at this time.
To recognize our residents, badges will be given out that indicate the ..
number ofyears they have lived in PBG.
4
Recognition Ceremony & MacArthur Statue Unveiling
6 PM - Main Stage
(Ceremony to be lead by Mayor, Charlotte off stage to assist)
Mayor Welcome and Recognition of Council & Guests
(Mayor welcomes participants to the event, recognizes and calls to the front stage
current Council, verbally recognizes other dignitaries)
Proclamation
(Mayor reads)
Florida House of Representatives Tribute - Presentation
(Mayor calls Representative Domino to stage to read his “Tribute”)
Recognition of Former Council Members
(Mayor calls to the front of the stage past Council Members, former members
given a recognition gift from current Council Members, group photo taken, former
Council return to crowd)
Mayors Comments
(Mayor makes general comments about the history of the City)
Plaque Presentation to the MacArthur Foundation
(Mayor calls to the stage a Foundation Representative (Marc Yanchura) and gives
recognition plaque (photo taken)
Artist Recognition & Statue Unveiling
(Mayor introduces the Artist, allows him to comment.
Mayor, Current Council, Artist, and Foundation Representative move to Statue.
Mayor comments then pulls cover off the statue, photos taken)
Dear Ron,
1 have been hearing concerns regarding the swales on or around the 8000 block of Begonia Street. In that regard, I am
requesting the following information:
1. Any engineering records on file for Begonia Street relating to swale design prior to the recent upgrade.
2. Any engineering records or designs or drawings we have relating to swale design and implementation for
Begonia street during/ or after our most recent upgrade.
3. Any code enforcement complaints or staff initiated issues that pertain to Begonia Street for the past 2
years.
4. Any and all communications to the code department from residents that live on Begonia Street.
5. Any information that staff can give me regarding current issues on Begonia Street.
If the information requires a disk to be created, please let me know when it is ready for pickup. Your help in this
important matter is greatly appreciated.
Jody
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records
available to the public and media upon request. Your e-mail communications may therefore be su@d to public disclosure.
1
11/19/2009 155 PM Permit Browse Page: 1
CITY OF PALM BEACH GARDENS - _________. ._ -
I /CODE-09-02-002600 /cargo and boat not properly screened 19627 BEGONIA ST 1 2/14/2009 I 3/18/2009 /final I
i !pending ...-_.-. i, .__"?. .,,-
10/22/2009 L" .;......--..._. .,.-c Y
/CODE-09-10-003309 /boat parked in front of the hou i.,.. ....-.-=. I., .._n_/lV _Y_.l_." .... ".._. .,-. ~".~ ." I [Count: 14 -----I 880 BEGONIA ST i-----..-".--~-",~'".-- n____Y-__j._ .............. 1-
Page: 1
3
11/19/2009 1 :56 PM
:-- - -
I
Permit Browse
CITY OF PALM BEACH GARDENS
Page: 1
. - ______ - - _I_
~MPL-09-08-OO07824Nle company "FENDER FLOORING" is-- &866 BEGGJA
/10/22/2009 jfinal 1
I kount: 7 I
Page: 1
I start a Permits f Munimde.mrn I Onlin ...
i L.
I
I
UHITl OF TITLE 31.986 .-
Tn consideration of the issuance of a permit to Raymond L.
Banaszak, for the conetruction of a swinrming pool in Palm Beach Gardens,
Florida, and :or other good and valuable considerations , the undersigned
hereby agree to restrict the use of Lots 6 and 7, Block 31, of the
City of Palm @each Gardens, Plat 3, Plat Book 27, at Pages 23 and 24
of the
manner I
a Records of Palm Baach County, Florida, in the following
t said property shall be considered aa one plot
d parcel of land, and that no portion of said
lo and parcel of land shall be sold, transferred, ye?-@ sed, or aseigned separately except in its
a
-__ - as one plot or parcel of land.
igned further agrees that this condition,
n and limitation shall be deemed a covenant
th the land, and ahall remain in full force , and be binding upon the undersigned,
8 and assigns until such time as the same
sed in writing by the City of Palm Beach may be re
Gardeneida
this instrument may
Palm Beach County,
SIGNED, SEALED,%$ECUTED, AND ACWIWLECOED ON THIS 22nd., day
of March, 1973 , at Lake Par tirida*
COUNTY OF PAM BEACH I
I HEREBY CERTIFY that on thi
1973, before me personally appeared RA
known to be the pereon described in an
instntment, and he acknowledged to me the executio
rch, A.D,j
K , to me
he foregoing
reof to be
his free act and deed for the usee and purposes th&$@ontained.
wIRIE93 my signature and offiolal s
FLORIDA, in the COW!Y and STATE aforesaid, t
aforesaid.
My Commission Expiross
/Ais Instrument Prepared by:
William Brant, Attorney
517 Northlake Boulevard
North Palm Beach, F1. 33400
3883 BEGONIA STREET
PERMIT # 635
Residence
..
D
N
0 W d
..-- .
------------
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FWRIDA
PROCLAMATION
----------
WHEREAS, the City of Palm Beach Gardens was incorporated in 1959 by John D. MacArthur; and
WHEREAS, the City spans 56.16 square miles with over fifty percent of its land mass either forested or
landscaped green space and has streets and roadways named after trees and flowers befitting its name; and
WHEREAS, as a Signature City celebrating quality-of-life, Palm Beach Gardens was designated as the "IT"
destination by the New York Times in 2005 as the place to work, live, play, and learn; and
WHEREAS, since Saturday, July 25, 1959, at 8:00 p.m. when the first organization meeting was held
naming the City's original City Council persons: Paul D. Doolen, Charles A Cunningham, Herbert B.
Thompson, Horace S. Miller, and Norman D. Rowland with Herbert B. Thompson appointed Mayor and
Norman D. Rowland as Vice Mayor; and
WHEREAS, over the last fifty years, the City Council has been represented by forty-two men and women
elected to serve as Councilmem~ attending one thousand nine hundred and forty-nine meetings,
approving and adopting one thousand four hundred and thirty-six Ordinances and four thousand eight
hundred and sixty-two Resolutions; and
WHEREAS, the City is outstanding in public safety with Police and Fire Departments having received
national and international accreditation; and
WHEREAS, the City has been awarded the Tree City USA designation by the Arbor Day Foundation for
twenty-one consecutive years; and
WHEREAS, the City strives for excellence and has achieved awards in fmance, sports, marketing,
communication, police, fire, recycling, visioning, recreation, technology, and art in public places; and
WHEREAS, the City features over seventeen world-class golf courses and is home of the Professional
Golfers Association and the nationally broadcast Honda Classic; and
WHEREAS, the City embraces the BioTechnology Community featuring Scripps Florida Research Institute;
and
WHEREAS, the elected officials of Palm Beach Gardens have set aside this day to recognize and honor the
establishment of the City; and
NOW, THEREFORE, I, Joseph R Rllsso, by virtue of the illltlwrity vested in me as Mayor of the City of
Palm Beach Gardens, Florida, do hereby proclaim November 21, 2009, as the
50th Anniversary Celebration!
and urge all residents, government officials, and employees of the City of Palm Beach Gardens, -Florida
to acknowledge and participate in this day.
· IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the ity of Palm Beach Gardens,
Florida, to be a this Da lf November, in the Year
Two Thousa Ni
/
_:/