HomeMy WebLinkAboutAgenda Council Agenda 060508
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 5, 2008
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
a. Discussion on City Attorney vacancy.
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 4) Quarterly Financial Report
b. (Staff Report on Page 40, Resolution on Page 42) Resolution 3, 2008 -
Communications Site Lease Agreement. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving a communications site lease
Agreement with Landmark at the Gardens to provide space for public safety radio
communications equipment and antennas; and providing an effective date.
c. (Staff Report on Page 60, Resolution on Page 62) Resolution 44, 2008 -
Interlocal Agreement for Community Development Block Grant. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida, providing for the
approval of an Interlocal Agreement between the City and Palm Beach County for
Community Development Block Grant and Home Investment Partnerships
Program activities for fiscal years 2009, 2010, and 2011 and authorizing the
Mayor and City Clerk to execute the same; and providing an effective date.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 69, Resolution on Page 88) Resolution 38, 2008 –
Latitudes in the Gardens. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Art in Public Places for the Latitudes in the
Gardens commercial portion of the parcel 31.04 Mixed-Use Planned Community
Development (MXD/PCD), as described more particularly herein; providing a
condition of approval; and providing an effective date.
Part II – Non-Quasi-judicial
a. (Page 92) Evaluation and Appraisal Report based Amendments (EAR) - Based
Amendment Workshop. City initiated workshop to present the EAR-based
Comprehensive Plan Amendments relative to Infrastructure, Coastal
Management, Conservation, Recreation and Open Space, Intergovernmental
Coordination, Capital Improvements, Public Safety, Procedures for
Accomplishing Monitoring and Evaluation Requirements, Public School
Facilities, and Economic Development. This session will outline the
Comprehensive Plan, Goals, Objectives and Policies staff recommends amending,
and will include an executive summary of each element.
X. RESOLUTIONS:
a. (Staff Report on Page 199, Resolution on Page 204) Resolution 33, 2008 –
Updating the Schedule of Fees and Charges for various services. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida updating the
schedule of fees and charges for various services rendered by the City of Palm
Beach Gardens for its citizens and other members of the public for Fiscal Years
2007/2008 and 2008/2009; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 2 86.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 5,2008
Meeting Date: June 5,2008
Subject/Agenda Item: Presentation of quarterly financial report
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
I Department Director
Approved\*
Ron Ferris
Originating Dept.:
Finance
Advertised:
[XI Not Required
Affected parties
[ ]Notified
,[XI Not required
costs: -0-
(Total)
-0-
Current FY
Funding Source:
[ 3 Operating
[XIOther NIA
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ 3 Continued to:
Attachments:
Quarterly
financial report
313 112008
[ ]None
Date Prepared: May 5,2008
Meeting Date: June 5,2008
BACKGROUND:
As required by Code of Ordinances Article XIII, Section 13- 1, the Council
may request other financial reports throughout the year. We are pleased to present
the quarterly financial report for the period ended March 3 1,2008.
Some of the highlights contained within the report include:
P The City’s general fund ended the quarter with a combined fund
balance of approximately $45 million. Of this amount, $39.5
million is unreserved, undesignated, which is available to meet the
City’s ongoing commitments.
P The general fund generated $56.3 million in revenue with $32.1
million in expenditures to date.
P The City’s general fund expenditures decreased 7% or $2.4 million
over the same quarter in the prior year.
> The City received notice from FEMA for an additional
reimbursement of approximately $1.1 million for costs the City
incurred for debris removal from gated communities during
Hurricanes Frances and Jeanne.
P The 2007 fiscal year audit was completed and presented to Council
on April 3,2008.
P The City entered into an escrow agreement for the installation of a
traffic signal at Hiatt Drive with a cost of approximately $45 1,000.
P As of the first quarter ending March 3 1, 2008, the City incurred 3 1
worker’s compensation claims, with a total loss of $30,860 as
compared to 29 claims incurred, and total loss of $107,558 for the
same period last fiscal year. The City’s Property and Liability
claims totaled 8 cases with a loss of $32,070 compared to 8 cases
for $8,090 in the same period ending March 3 1, 2007.
MISC/OTHER: N/A
STAFF RECOMMENDATIONS:
o Staff recommends a motion to accept the attached quarterly financial
report for the quarter ended March 3 1,2008
CITY OF PALM BEACH GARDENS
Quarter ended March 31,2008
TABLE OF CONTENTS
PAGE
Quarterly Overview
Analysis:
General Fund Summary
General Fund Sources of Funds
General Fund Uses of Funds
Investment Analysis
Impact Fee Analysis
Grant Status Report
Capital Project Update Report
Budgetary Comparison Schedules
Financial Statements
Balance Sheet - Governmental Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Governmental Funds
Statement of Net Assets - Proprietary Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Proprietary Funds
2
4
5
8
10
12
13
14
17
31
32
33
34
QUARTERLY OVERVIEW
I am pleased to present the financial report for the City of Palm Beach Gardens for the second
quarter of fiscal year 2008 ending March 31, 2008. Listed below are significant events that
occurred during the second quarter along with financial highlights and information on capital
asset purchases. The intent of these reports is to inform Council and the public of our financial
position by comparing actual results with the adopted budget and analyzing results to help make
corrective actions as appropriate.
The following is a list of significant events that occurred during the 2”d quarter of fiscal
year 2008:
*:* The City received notice from FEMA for an additional reimbursement of approximately
$1.1 million for costs the City incurred for debris removal from gated communities
during Hurricanes Frances and Jeanne
*:* The 2007 fiscal year audit was completed
*:* The City entered into an escrow agreement for the installation of a traffic signal at Hiatt
Drive with a cost of approximately $45 1,000
*:* As of the second quarter ending March 31, 2008, the City incurred 31 worker’s
compensation claims, with a total loss of $30,860 as compared to 29 claims incurred, and
a total loss of $107,558 for the same period last fiscal year. The City’s Property and
Liability claims totaled 8 cases with a loss of $32,070 compared to 8 cases for $8,090 in
the same period ending March 3 1,2007.
Financial Highlights
*:* The City’s general fund ended the quarter with a combined fund balance of
approximately $45 million. Of this amount, $39.5 million is unreserved, undesignated,
which is available to meet the City’s ongoing commitments.
*1. The general fund generated $56.3 million in revenue with $32.1 million in expenditures
to date.
*:* The City’s general fund revenues decreased by approximately $1 million or 1.7%
compared to the same quarter in the prior year.
*:* The City’s general fund expenditures decreased 7% or $2.4 million over the same quarter
in the prior year.
2
Capital Assets
During the 2"d quarter, the City purchased approximately $347,306 of capital assets and made
payments of approximately $1,343,638 on CIP projects.
Capital assets purchased during the 2nd quarter included the following:
*:* Equipment purchased by the fire department made up approximately 22% of total capital
assets purchased during the 2nd quarter. The equipment included two hydraulic
ambulance cots, an ambulance training simulator, and four patient monitors. The
ambulance training simulator and patient monitors were funded through local grants from
Palm Beach County.
*3 Approximately 53% of total capital assets related to the purchase of a Medtec Ambulance
that will replace an older rescue unit.
The most significant capital projects during the 2nd quarter were as follows:
*:* Ciht Park Phase I1 - Totaled $135,220 or 10% of the total CIP payments during the
quarter.
*3 Stormwater Svstem Improvements - Totaled approximately $372,305 or 28% of the total
CIP payments during the quarter.
*:* PGA Park Improvements - Totaled approximately $519,887 or 39% of the total CIP
payments during the quarter.
Please see the Capital Project Update Report on pages 14-16 for more detail on the significant
projects ongoing within the City.
3
CITY OF PALM BEACH GARDENS
GENERAL FUND SUMMARY
Quarter ended March 31,2008
GENERALFUNDREVENUES
Miscellaneous
1 %
\+axes
85%
GENERAL FUND EXPENDITURES
Debt service:
Capital outlay 5%
General I govern men t
19% --
1 _--
c- F”
.1
Public safety
55%
CITY OF PALM BEACH GARDENS
GENERAL FUND SOURCES OF FUNDS
Quarter ended March 31,2008
TAXES - Ad Valorem Taxes
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
47,166,014 46,096,893 50,001,677 92.1 9%
r
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
TAXES - Franchise Fees
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
2,249,111 2,275,701 6,068,601 37.50%
Priw Year to Date Current Year to Date Current Year Budget
Actual Actual
TAXES - Utility Taxes
Budgeted Ad Valorem taxes were 92% collected through
the second quarter of fiscal year 2008. Collected amounts
appear to be In line with the budgeted amount. Durlng the
prior year, 94% of budgeted revenue was collected
through the second quarter.
Franchise Fees are currently 37.5% collected at the end of
the second quarter. Revenues appear to be in line with
prior year collectlons, but trail quarterly budgeted flgures
by approximately S750K. Revenues Included In thls
category Include both elecblc and rdld waste franchise
fees. The trusup adjustmont will be reflected during the
3rd quarter.
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
425,151 450,531 896.100 50.28%
Utlllty taxes are sllghtly above budgeted figures through
the end of the 2nd quarter and exceed prior year
collections by approximately 6%. Thlr category accounts
for the lacal communication rewlces tax.
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
5
CITY OF PALM BEACH GARDENS
GENERAL FUND SOURCES OF FUNDS
Quarter ended March 31,2008
Licenses and Permits
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
2,450,149 2,961,936 3,649,985 81.15%
4,000,000
3,500.000
3,000.000
2,500,000
2,000.000
1,500,000
1,000,000
500,000
i II II
I I I
Prior Year to Date Current Ye;. .., Jate Current Year Budget
Actual Actual
Intergovernmental Revenue
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
2,815,853 2,570.389 4,913,812 52.31%
6,000,000
5.000.000
4.000.000
3,000,000
2,000,000
1,000,000
Revenues In this category Include permits and
occupational licenses. Currently 81.15% of budgeted
revenues have been received. The largest portion of
revenues relates to Occupational licenses which
represents approx. $1.5 mllllon or 51% of total license and
pormlt revenue collected. Occupational licenses are over
100% collected for the year and exceed budgeted flgures
by 2%. Building permits are currently exceeding quarterly
budgetod flgures with approximately $1.3 mllllon or 65%
of budgeted amounts collected.
Intergovernmental Revenue exceeds budgeted flgures
through the end of the 2nd quarter by approximately
2.31% or $113,000. Revenues included In this category
Include federal and state grants, 112 cent sales tax, and
state shared revenues.
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
Charges for Services
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
808.259 71 0,955 1,700,663 41 .EO%
-
Current Year to Date Prior Year to Date Current Year Budget
Actual Actual
Charges for Services are lower than budgeted amounts
through the end of the 2nd quarter by approximately 8.2%
or $139,500. Revenues Included In this category are EMS
fees and flre Inspection foes.
6
CITY OF PALM BEACH GARDENS
GENERAL FUND SOURCES OF FUNDS
Quarter ended March 31,2008
Fines and Forfeitures
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
89,214 86,369 243,755 35.43%
Fines and Forfeitures are significantly lower than
budgeted figures at the end of the 2nd quarter. Part of the
reason is due to the $12.50 Traffic Fines estimated at
$60,000 which are collected from the County at the end of
the fiscal year.
Prior Year to Date Current rear to uate Current rear Budget
Actual Actual
investment income
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Received
1,063,056 961,195 2,052,015 46.84%
2.500.000
2.000.000
1,500,000
1,000,000
500.000
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
Miscellaneous
Prior Year to Date Current Year to Current Year
investment income is blow quarterly budgeted figures by
approximately 3.16% or $65,000. The City did not receive
interest earned on SBA Investment, for the month of
November aa part of the sub-prime criaia that affected the
fund.
Actual Date Actual Budget % Received
325.588 236,540 729,250 32.44%
Miscelianeoua revenue is below budgeted figures through
tho end of the 2nd quarter by approximately 17.5%.
Current year trails prior par to date by approximately
$89,000 or 27%.
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
CITY OF PALM BEACH GARDENS
GENERALFUNDUSESOFFUNDS
Quarter ended March 31,2008
General Government
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Spent
8,955,048 6,090,523 13,583,886 44.84%
16,000.000
14.WO.MH)
12,m,MHl
10.o00,m
8.000.OOO
6.000.000
4,WO.000
2,000.m
Pricf Year to Date Current Year to Date Current Year Budget
Actual Actual
Public Safety
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Spent
16,000,270 17,676,660 3a.227,725 46.24%
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
Culture and Recreation
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Spent
2,352,580 2,342,421 5,584,649 41.94%
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
General Government expenditures excluding capital
outlay appear slgnfflcantly lower than budgeted amounts
through the end of the 2nd quarter. Expenditures are
approximately 5.2% or $700,000 below quarterly budgeted
figures. Prior year 2nd quartor results Include a on. time
payment of approximately $2.9 mllllon as part of the
Bllgor Tract Scrlpps Intorlocal agreement wkh Palm
Beach County.
Public Safety expenditures excluding capital outlay are
below the budget through the end of the 2nd quarter with
46.24% spent to date wlth approximately $351,000 or 1%
encumbered.
Culture and Recreation oxpondttures excluding capital
outlay are slgnlficantly lowor than budgeted numbers
through the end of the 2nd quarter. There Is also an
additional $340,000 or 6% encumbered mostly for annual
contractual sonricos.
a
CITY OF PALM BEACH GARDENS
GENERALFUNDUSESOFFUNDS
Quarter ended March 31,2008
Physical Environment
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Spent
3,102,808 3,183,385 7,282,250 43.71%
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
Capital Outlay
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Spent
2,632,018 1,311,256 5,120,484 25.61%
Prior Year to Date Current Year to Date Current Year Budget
Actual Actual
Debt Service
Prior Year to Date Current Year to Current Year
Actual Date Actual Budget % Spent
1.51 1,079 1,497,691 3,305,955 45.30%
Riw Year to Date Current Year to Date Current Year Budget
Actual Actual
Physical Environment expenditures excluding capital
outlay appear reasonable wlth budgeted numben
through the end of the 2nd quarter. There Is also
approximately $480.000 encumbered.
Capital Outlay expenditures which represent 7% of total
budgeted general fund expendltures are currently 25.61%
spent through the end of the 2nd quarter wlth an
additional 14% or approximately $719,000 encumbered.
Debt SONIC~ payments are based on scheduled
payments from amortization schedules. Amounts wlll be
In line wlth budget at the end of the year. To date, actual
debt serico expenditures totaled approximately 45% of
the budgeted amount.
9
INVESTMENT ANALYSIS
Short-term interest rates continue to decrease, with the one-year Treasury bill at 1.55%, from the last
quarter’s rate of 3.34%. Longer-term rates also decreased for the quarter, with the 20-year Treasury
yield at 4.30% as compared to 4.50% from the end of the previous quarter.
Investment Portfolio by Type
Total Portfolio $64,393,685 FFCB
FHLB
Wachovia MM
90%
Investment Portfolio by Fund
Total Portfolio $64,393,685
Capital 1 Projects
28% A
Special
Revenue
2%
10
The Investment Summary provides a listing of the outstanding investments as of March 3 1, 2008 along
with the investment date, maturity date, type of instrument, yield and amounts. As of the end of the
quarter, the total market value of the various federal agencies and securities was $6,604,15 1 compared
to the original purchase price of $6,500,000. The total weighted average yield for the entire portfolio
as of the end of the quarter was 4.22%, or 2.67% above the one-year Treasury Bill rate of 1.55%.
INVESTMENT SUMMARY
March 3 1,2008
Investment Instrument Investment Maturity Par
Value Date Date Rate
Federal Farm Credit Banks Debenture
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Bank
Federal National Mtg Assoc Note
Federal Home Loan Bank
Federal Home Loan Bank
Federal National Mtg Assoc Note
Federal Home Loan Bank
Federal Home Loan Mortgage Corp
Federal Home Loan Bank
Wachovia Money Market
5/5/03
9/8/06
8/25/06
811 8/06
9/8/06
121 1 8/06
1/23/07
411 8/07
4/23/07
7/9/07
71 16/07
7/30/07
8/15/07
411 5/08
91811 0
8/25/10
811811 1
91811 1
1211 8/09
9/29/09
1011 811 0
412311 1
7/91 10
411 61 10
7/30/10
8/15/11
3.00%
5.35%
5.37%
5.50%
5.50%
5.00%
5.30%
5.25%
5.30%
5.50%
5.50%
5.50%
5.75%
2.44%
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
57,893,685
I TOTAL INVESTMENTS $64,393,685
11
IMPACT FEE ANALYSIS
Significant impact fee revenues collected through the 2nd quarter included the following projects:
Frenchman's Reserve - $55,203 for 10 single family residences
Gander Mountain- $365,203 for a commercial retail building
Mirasol- $80,8 17 for 15 single family residences
Old Palm - $3 1,220 for 6 single family residences
Paloma - $1,846 for a pool house and recreation center
PGA National - $7,109 for 1 single family residence
Regional Center - $500,297 for a six story Hilton hotel
Steeplechase - $7,109 for 1 single family residence
Trinity United Methodist Church - $78,632 in road impact fees
The chart below shows the breakout of impact fees collected through the 2nd quarter:
Project Art Fire Recreation Police Road Total
Frenchman'sReserve $ - $ 6,576 $ 42,904 $ 5,723 $ - $ 55,203
Gander Mountain
Mirasol
Old Palm
Paloma
PGA National
Regional Center
Steeplechase
Trinity Church
49,848
3,720
1,320
620
41,064
620
58,685
24,264
4,044
177,275
4,044
19,860 249,849
- 22,132
3,236
526
539 1,906
27,083 84,875
539 1,906
78,632
365,203
80,817
3 1,220
1,846
7,109
500,297
7,109
78,632
45,646
170,000 -
-
Miscellaneous - 2,369 3,225 1,344 35,535 42,473
Total $215,646 $ 106,137 $ 314,441 $58,850 $474,835 $ 1,169,909
The following table shows budget vs. actual comparisons for each individual impact fee through the end
of the 2nd quarter:
Impact Fee Budget Actual % Received
Recreation 1,5 16,137 3 14,441 20.74%
Police 264,249 58,850 22.27%
Fire 382,526 106,137 27.75%
Art 75,000 2 15,646 287.53%
Road 1.275.628 474.835 37.22%
Total 3,513,540 1,169,909 33.30%
12
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Revenues:
Taxes:
Ad valorem taxes
Franchise fees
Utility taxes
Licenses and permits
Intergovernmental
Charges for services
Fines and forfeitures
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
General government:
City Council
Administrative services
Information services
City clerk
Legal services
Public relations
Human resources
Finance
Honda Classic
General services
Growth management:
Administrative
Planning and zoning
Code enforcement
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
Quarter ended March 31,2008
YO
Actual to Receivedl
Budget - Date Spent
$ 50,001,677
6,068,601
896,100
3,649,985
4,91331 2
1,700,663
243,755
2,052,015
729,250
70,255,858
$ 352,009 $
658,868
1,2 16,742
580,940
575,573
176,098
938,982
965,026
1 12,622
5,435,69 1
685,198
958,022
772,33 1
$ 46,096,893
2,275,701
450,53 1
2,961,936
2,570,389
7 10,955
86,369
961,195
236,540
56,350,509
148,489
300,721
499,500
280,625
2 13,420
63,616
350,480
426,664
85,143
2,737,420
236,153
361,373
317,394
GIS 155,784 69,527
Total general government 13,583,886 6,090,523
Public safety:
Police 20,730,027 9,334,194
Fire and emergency services 17,497,698 8,342,666
Total public safety 38,227,725 17,676,860
92.19%
37.5i%
50.28%
81.15%
52.31%
41.80%
35.43%
46.84%
32.44%
80.21 %
42.18%
45.64%
41.05%
48.31 %
37.08%
36.1 3%
37.33%
44.21 %
75.60%
50.36%
34.46%
37.72%
41.lO%
44.63%
44.84%
45.03%
47.68%
46.24Y~
17
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
Quarter ended March 31,2008
Culture and recreation:
Administrative services
Athletics
Seniors and wellness
Aquatics
Tennis
Programs division
Special and cultural
Parks
Grounds and facilities
Total culture and recreation
Physical environment:
Administrative services
Facilities maintenance
Stormwater maintenance
Street maintenance
Construction services - building
Capital outlay:
Debt service:
Principal
Interest
Total debt service
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
Extraordinary items:
Proceeds from defined contribution plan
Payment to defined benefit plan
Total extraordinary items
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual to
Budget - Date
681,011
252,144
58,797
459,945
1 19,670
305,129
224,738
2,124,616
1,358,599
5,584,649
238,089
103,614
2,111
138,550
60,878
142,665
94,922
944,230
617,361
2,342,42 1
1,077,997 464,806
1,955,397 890,192
1,110,271 440,23 1
728,946 361,185
2,409,639 1,026,973
7,282,250 3,183,385
5,120,484 1,3 1 1,256
2,233,674 905,179
1,072,28 I 592,511
3,305,955 1,497,69 1
73,104,949 32,102,136
(2,849,091) 24,248,373
78,762 39,38 1
(692,642) (346,321)
(613,880) (306,940)
(7,474)
(7,474)
(3,462,971) 23,933,960
16,366,528 2 I, 144,202
$ 12,903,557 $ 45,078,162
YO
Receivedl
SDent
34.96%
41.09%
3.59%
30.1 2%
50.87%
46.76%
42.24%
44.44%
45.44%
41.94%
43.1 2 yo
45.52 %
39.65%
49.55%
42.62%
43.71%
25.61 %
40.52%
55.26%
45.30%
43.91%
50.00%
50.00%
50.00%
0.00%
100.00%
100.00%
18
Revenues:
Intergovernmental
Impact fees
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Culture and recreation:
Capital outlay:
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
RECREATION IMPACT FEES FUND
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual to
Budget - Date
$ -$
13 16,137 3 14,441
147,362 43,853
11,078
1,663,499 369,372
8,811 7,252
3,189,318 783,786
3,198,129 791,038
(1,534,630) (421,666)
(1,534,630) (421,666)
4,23 1,838 2,997,687
$ 2,697,208 $ 2,576,021
YO
Receivedl
SDent
0.00%
20.74%
29.76%
100.00%
22.20%
82.30%
24.58%
24.73%
0.00%
0.00%
o.oo%
-
19
Revenues:
Intergovernmental
Impact fees
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Transportation
Capital outlay
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
ROAD IMPACT FEES FUND
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual to
Budget - Date
$ -!$
1,275,628 474,835
504,155 150,507
1,779,783 625,342
3,138,325 832,675
3,138,325 832,675
(1,358,542) (207,333)
(702,373) (351,187)
(702,373) (35 1,187)
(2,060,915) (558,520)
8,735,637 7,7 1 1,978
$ 6,674,722 $ 7,153,458
%
Receivedl
SDent
0.00%
37.22%
29.85%
0.00%
35.14%
0.00%
26.53%
26.53%
0.00%
50.00%
50.00%
20
Revenues:
Fines and forfeitures
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Public safety:
Police
Total public safety
Total expenditures
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
POLICE TRAINING
Quarter ended March 31,2008
%
Actual to Receivedl
Budget Date SDent
$ 12,500 $ 5,959 47.67%
0.00%
0.OOYQ
12,500 5,959 47.67%
7,980 100.00%
7,980 100.00%
7,980 100.00%
8,524 19,056
$ 2 1,024 $ 17,035
21
Revenues:
Charges for services
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Culture and recreation:
Administrative services
Athletics
Seniors and wellness
Aquatics
Tennis
Programs division
Youth Enrichment
Total culture and recreation
Capital outlay:
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
RECREATION PROGRAMS
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Actual to
Budget - Date
$ 2,518,672 $ 1,214,356
15,000 4,364
174
2,533,672 1,218,894
309,721 90,235
238,433 88,452
37,692 3,179
92,371 12,228
37 1,779 172,789
566,809 175,527
909,483 406,086
2,526,288 948,495
2,526,288 948,495
7,384 270,399
(26,000) (1 3,000)
(26,000) ( 13,000)
( 1 8,6 1 6) 257,399
359,018 222,695
%
Receivedl
SDent
48.21 %
29.09%
100.00%
48.11Y~
29.1 3%
37.10%
8.43%
13.24%
46.48%
30.97%
44.65%
37.55Yq
0.00%
37.55%
0.00%
5o.oo%
50.00% -
Fund balance, end of year $ 340.402 $ 480.094
22
Revenues:
Charges for services
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Culture and recreation:
Administrative services
Maintenance
Pro shop
Total culture and recreation
Capital outlay:
Debt service:
Principal
Interest
Total debt service
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
GOLF FUND
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual to
Budget Date
$ 1,418,100 $ 935,230
1,871
84,255 50,766
1,502,355 987,867
255,424 122,684
8 10,444 430,011
475,075 214,798
1,540,943 767,494
1,540,943 767,494
(3 8,5 8 8) 220,373
(3 8,588) 220,373
38,588 134,070
$ - $ 354,443
%
Receivedl
SDent
65.95%
100.00%
60.25%
65.75%
48.03%
53.06%
45.21 yo
49.81 %
-
0.00%
0.00%
0.00%
0.00%
-
49.81 %
0.00%
O.Ooo/o
0.00%
23
Revenues:
Intergovernmental
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Transportation
Capital outlay
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
LOCAL OPTION GAS TAX
Quarter ended March 31,2008
Actual to
Budpet Date
$ 703,152 $ 333,274
36,485 13,475
739,637 346,749
723,893 229,322
354,000
1,077,893 229,322
(338,256) 117,427
(338,256) 117,427
635,999 998,309
$ 297,743 $ 1,115,736
%
Receivedl
SDent
47.40%
36.93%
o.ooo/o
46.88%
31.68%
0.00%
21.28%
0.00%
0.00%
0.00%
24
Revenues:
Intergovernmental
Miscellaneous
Total revenues
Expenditures:
Current:
Public safety
Capital outlay
Total expenditures
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
POLICE GRANT FUND
Quarter ended March 31,2008
Budget
YO
Actual to Received/
- Date SDent
10,000
10,000
10,000
$ 10,000 $
0.00%
0.00%
0.00%
.
0.00%
0.00%
0.00%
25
Revenues:
Intergovernmental
Impact fees
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Public safety
Capital outlay
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
ClTY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
POLICE IMPACT
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual to
Budget - Date
$ -$
264,249 58,850
68,548 26,758
332,797 85,608
39,800
2,095,794 7,705
2,135,594 7,705
(1,802,797) 77,903
(1,802,797) 77,903
2,523,092 1,773,199
$ 720,295 $ 1,851,102
YO
Receivedl
SDent
0.00%
22.27%
39.04%
O.OOYQ
25.72'/%
0.00%
0.37%
0.36%
0.00%
0.00%
0.00%
26
Revenues:
Intergovernmental
Impact fees
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Public safety
Capital outlay
Debt service:
Principal
Interest
Total debt service
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
FIRE IMPACT
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual to
Budget Date
382,526 106,137
34,475 10,783
417,001 116,920
26,328 16,829
72,880
7.926 3.686
80,806 3,686
107,134 20,s 15
309,867 96,405
309,867 96,405
237,675 735,365
$ 547,542 $ 831,770
YO
Receivedl
SDent
0.00%
27.75%
31.28%
0.00%
28.04%
0.00%
63.92%
0.00%
46.50%
4.56%
19.1 5%
0.00%
0.00%
0.00%
27
Revenues:
Intergovernmental
Impact fees
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Culture and recreation
Capital outlay
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
ART IMPACT
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Actual to
Budget Date
75,000 2 15,646
21,515 9,582
963 15 225,228
248,720 3,158
248,720 3,158
(1 52,205) 222,070
(1 52,205) 222,070
577,03 1 638,916
$ 424,826 $ 860,986
%
Receivedl m
0.00%
287.53%
44.54%
0.00%
233.36%
0.00%
1.27%
1.27%
0.00%
0.00%
0.00%
28
Revenues:
Intergovernmental
Impact fees
Investment income
Miscellaneous
Total revenues
Expenditures:
Current:
Transportation
Capital outlay
Debt service:
Principal
Interest
Total debt service
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
PGA FLYOVER
Quarter ended March 31, 2008
Budget
%
Actual to Receivedl - Date w
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
0.00%
0.00%
0.00%
126,465 125,593 99.31%
126,465 125,593 99.31 %
4 0 9,6 0 0 138,440 33.80%
0.00%
175,000 0.00%
283,042 54,02 1 19.09%
108,042 54,021 50.00%
692,642 192,46 1 27.79%
(566,177) (66,868)
692,642 346,321 50.00%
0.00%
692,642 346,32 1 50.00%
126,465 279,453
149,926 42,983
$ 276,391 $ 322,436
29
Revenues:
Intergovernmental
Impact fees
Investment income
Miscellaneous
Total revenues
Expenditures:
Current :
Transportation
Capital outlay
Debt service:
Principal
Interest
Total debt service
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses):
Transfers in
Transfers out
Total other financing sources (uses)
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
BURNS ROAD
Quarter ended March 31,2008
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
Budget
Actual to
Date
17,031 2,646
17,031 2,646
38,077
435,000
267,343 133,686
702,343 133,686
740,420 133,686
(723,389) (1 3 1,040)
702,373 35 1,187
702,373 35 1,187
(2 1,016) 220,147
299,857 3 16,554
$ 278,841 $ 536,701
%
Receivedl
SDent
0.00%
0.00%
15.53%
0.00%
15.53%
0.00%
0.00%
0.00%
50.01 %
19.03%
18.06%
50.00%
0.00%
0.00%
30
(u m
CITY OF PALM BEACH GARDENS
STATEMENT OF NET ASSETS
PROPRIETARY FUNDS
March 31, 2008
Assets:
Cash and cash equivalents
Inventory
Capital assets not being depreciated
Capital assets being depreciated, net
Total assets
Liabilities:
Current liabilities:
Accounts payable
Accrued interest payable
Total current liabilities
Noncurrent liabilities:
Compensated absences payable
Total noncurrent liabilities
Total liabilities
Net Assets:
Invested in capital assets, net of related debt (deficit)
Unrestricted
Total net assets (deficit)
Internal
Service
Fund
Fleet
Manaclement
$ 328,058
128,810
1,713,702
2,170,570
23,887
23,887
23,887
1,713,702
432,981
$ 2,146,683
33
CITY OF PALM BEACH GARDENS
STATEMENT OF REVENUES, EXPENDITURES, & CHANGES IN FUND BALANCE:
PROPRIETARY FUNDS
For the Quarter Ended March 31,2008
Internal
Service
Fund
Fleet
Manaaement
Operating revenues:
Charges for services
Miscellaneous
Total revenues
Operating expenses:
Personnel expenses
Repair and maintenance
Fuel and chemicals
Operating supplies
Other professional and contractual
Utilities
Other expenses
Depreciation
Capital outlay
Total operating expenses
Operating income (loss)
Non-operating revenues (expenses):
Gain on sale of capital assets
Interest expense
Total non-operating revenues (expenses)
Income (loss) before transfers
Transfers in
Transfers out
Change in net assets
Net assets (deficit), beginning
Net assets (deficit), ending
$1,349,292
4,105
$1,353,397
345,703
101,423
320,094
52,284
3,467
1,202
2,050
202,908
1,029,131
324,266
(1 6,402)
(1 6,402)
307,864
(26,380)
281,484
1,865,199
$2,146,683
34
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 5,2007
Meeting Date: June 5,2008
Resolution 3, 2008
SubjectlAgenda Item: Communications site lease between the City of Palm Beach
Gardens and The Landmark At The Gardens to provide space for public safety
radio communications equipment and antennas on the building.
[XI Recommendation to APPROVE
1 1 Recommendation to DENY
Reviewed by:
City Attorney cd
Submitted by:
Chief Stephen J. Stepp
Department *e Dir
Originating Dept.:
Police
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ ] Not required
Costs:$ 1.00
(Tota I)
$ 1.00
Current FY
Funding Source:
[ x ] Operating
[ ] Other
Budget Acct.#:
001-1000-521-5200
~-
Council Action:
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 3, 2008
Lease Agreement
Date Prepared: December 5,2007
Meeting Date: June 5,2008
Resolution 3,2008
BACKGROUND:
The City of Palm Beach Gardens, in conjunction with other cities in Palm Beach County, is
in the process of implementing a new radio system. This will increase interoperability
between other cities and law enforcement agencies and their ability to solve and deter
crime. The new radio system will aide in both the day-to-day operations and during
emergencies. To maintain adequate radio coverage for officer safety in Palm Beach
Gardens, two radio antenna sites are required. One is located on top of The Landmark
and the second at a proposed site at 9190 Old Dixie Hwy., Lake Park (Old Dixie &
Northlake).
To establish The Landmark Building as one of our radio transmission sites, City leaders
and Principals of Landmark development team met and jointly we planned the radio site. It
would facilitate the needs of Palm Beach Gardens Police communications and could be
accommodated on The Landmark Building.
Sustaining a long term location for radio transmit and receiving equipment is vital to public
safety, so a long-term lease agreement was implemented: 15 years with one 15-year
renewal was designed into the agreement. Annual net rent is One Dollar ($1 .OO).
STAFF RECOMMENDATION:
Staff recommends the approval of a communication site lease agreement between The
Landmark At The Gardens, a Condominium Association, and the City of Palm Beach
Gardens.
~-
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Date Prepared: December 5,2007
RESOLUTION 3,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A COMMUNICATIONS
SITE LEASE AGREEMENT WITH THE LANDMARK AT THE
GARDENS TO PROVIDE SPACE FOR PUBLIC SAFETY RADIO
COMMUNICATIONS EQUIPMENT AND ANTENNAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens, along with other cities in Palm
Beach County, are in the process of implementing a new radio system which will
increase interoperability between other cities and law enforcement agencies and their
ability to solve and deter crime; and
WHEREAS, to maintain adequate radio coverage for officer safety in Palm
Beach Gardens, two radio antenna sites are required: one at the top of The Landmark
building and one at a proposed site at 9190 Old Dixie Highway, Lake Park; and
WHEREAS, the City of Palm Beach Gardens and The Landmark at the Gardens
Condominium Association desire to enter into a communications site lease agreement
setting forth the terms and conditions under which the City shall lease the property from
The Landmark at the Gardens Condominium Association for the purposes stated above;
and
WHEREAS, such agreement has been prepared and is attached hereto; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
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 approves the Communications Site Lease
Agreement with The Landmark at the Gardens Condominium Association and
authorizes the Mayor and City Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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46 47
PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY
COUNCILMEMBER RUSSO
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
-- AYE NAY ABSENT
Date Prepared: December 5,2007
Resolution 3, 2008
G:\attorney-share\RESOLUTlONS\landmark communications lease agmt for pd equip - reso 3 2008.doc
2
LEASE AGREEMENT
THIS LEASE is made and entered into this - day of , 2008,
by and between The Landmark At The Gardens, a Condominium Association created
under the laws of the State of Florida (hereinafter referred to as “Landlord”), and the
City of Palm Beach Gardens, a municipal corporation organized and existing under the
laws of the State of Florida (hereinafter referred to as “Tenant”).
WHEREAS, the Landlord is desirous of leasing certain space located on the
building commonly known as The Landmark At The Gardens Condominium (hereinafter
referred to as “Building”) for the Tenant to operate, store, and use certain police
communications systems and tower on the Building. The location of the police
communications systems is more particularly described on Exhibit “A,” attached hereto
and incorporated herein by reference; and
WHEREAS, the Tenant shall lease the property described in Exhibit “A for the
purposes stated herein from the Landlord upon such terms and conditions in this Lease
Agreement.
NOW, THEREFORE, in consideration of the rents, covenants, and agreements
hereinafter reserved and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
ARTICLE 1
BASIC LEASE PROVISIONS
Section 1.01 Premises.
In consideration of the rents, covenants, and agreements hereafter reserved and
contained on the part of the Tenant to be observed and performed, the Landlord
demises and leases to the Tenant, and the Tenant rents from the Landlord the demised
premises legally described in Exhibit “A,” attached hereto and incorporated herein by
reference (“Property”).
Section 1.02 Length of Term and Commencement Date.
This Lease shall be effective upon the Effective Date as defined hereinafter. The
term of this Lease shall commence upon the issuance of a Certificate of Occupancy for
the demised premises (“Commencement Date”), and shall extend for a period of fifteen
(1 5) years thereafter (“Term”), unless sooner terminated pursuant to the provisions of
this Lease. The terms of this Lease may be modified or extended with the mutual
consent of the parties hereto.
Section 1.03 Renewal of Agreement.
This Lease shall be subject to the Tenant having one additional fifteen (1 5) year
renewal, subject to the Tenant not being in default under the Lease and providing the
Landlord at least thirty (30) days’ prior written notice before the natural expiration of the
initial term above.
ARTICLE II
RENT
Section 2.01 Annual Rent.
The Tenant shall pay to the Landlord an annual net rent of One Dollar ($1.00)
(“Annual Rent”), payable without notice on the Commencement Date and each
subsequent anniversary thereof. Annual Rent shall be made payable to the Landlord
and shall be delivered to the Landlord at its published address.
ARTICLE 111
CONDITION OF LEASED PREMISES, ALTERATIONS
Section 3.01 Accept an ce of Premises.
The Tenant certifies that it has inspected the Premises and accepts same “As Is”,
in its existing condition.
Section 3.02 Alterations.
The Landlord agrees that it shall permit the Tenant, its contractors, sub-
contractors, licensees, invitees, and agents to make any non-structural alterations or
modifications to the demised premises without consent of the Landlord so that the
Tenant can install its communications systems and maintain the same from time to time.
Notwithstanding the foregoing, the Tenant shall secure all such governmental approvals
for the installation and maintenance of the communications systems referenced herein.
Further, the Tenant agrees not to materially interfere with the Landlord’s operations of
the Premises as a condominium complex.
2
ARTICLE IV
CONDUCT OF BUSINESS AND USE OF PREMISES
Section 4.01 Use of Premises.
The Tenant shall use and occupy the Premises solely and exclusively for the
police communications systems. The Tenant shall not use, permit, or suffer the use of
the Premises for any other purpose whatsoever without the prior written consent of the
Landlord, which consent shall not be unreasonably withheld.
Section 4.02 Waste or Nuisance.
The Tenant shall not commit or suffer to be committed any waste upon the
Premises, commit or permit the maintenance or commission of any nuisance or other
act or thing which may result in damage or depreciation of value of the Premises or
which may affect the Landlord’s interests in the Premises or which results in an
unsightly condition.
Section 4.03 Governmental Regulations.
The Tenant shall, at the Tenant’s sole cost and expense, comply with all
ordinances, laws, statutes, and regulations promulgated thereunder of all county,
municipal, state, federal, and other applicable governmental authorities now in force, or
which may hereafter be in force, pertaining to the Tenant or its use of the Premises or
the Premises generally. The Tenant shall not use, maintain, store, or dispose of any
contaminants, including, but not limited to, hazardous or toxic substances, chemicals, or
other agents on the Premises or any adjacent land in any manner not permitted by law.
The Tenant shall indemnify, defend, and save the Landlord harmless from any and all
penalties, fines, costs, expenses, suits, claims, or damages resulting from the Tenant’s
failure to perform its obligations in this Section. Nothing contained herein shall be
construed as a waiver of sovereign immunity or the statutory limits of liability set forth in
Section 768.28, Florida Statutes.
Section 4.04 Compliance with Policies and Procedures.
The Tenant shall assure and certify that it will comply with all policies and
procedures of the Landlord as relates to its use of the Premises; subject, however, to
the terms and conditions of this Lease.
3
Section 4.05 Surrender of Premises.
Upon termination or expiration of this Lease, the Tenant shall remove, at its sole
cost and expense, the Tenant’s communications systems, together with its personal
property, removable fixtures, equipment, and alterations from the Premises, and shall
surrender the Premises to the Landlord in good condition and repair, reasonable wear
and tear excepted. The Tenant will repair any damage caused by the removal of its
equipment.
Section 4.06 Non-Interference by the Landlord.
The Landlord agrees not to interfere with the operations of the Tenant’s police
communications systems and its quiet enjoyment of the Premises. The Tenant will not
affect the quiet enjoyment of the Building by the Condominium Owners.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of the Landlord.
Except as required in Section 5.03 below, the Landlord shall not be obligated or
required to make or conduct any maintenance or repairs whatsoever to the Tenant’s
personal property located at the Premises. However, the Landlord shall keep the
Premises and all improvements and alterations on or about the Premises in good
condition and repair. The Landlord shall also keep the Premises and the Building fully
insured and provide the Tenant with proof of such insurance annually.
Section 5.02 Right to Inspect.
The Landlord shall have the right, upon reasonable prior notice to the Tenant
(except that no notice need be given in case of emergency) to enter the Premises for
the purpose of inspection of the Premises and the improvements located thereon. Any
such entrance into the Premises shall be conducted by the Landlord in a manner
calculated to minimize interference with or disruption of the Tenant’s operations within
the Premises. This provision however is subject to any laws, rules, and regulations,
whether federal, state, or local, including any Homeland Security Laws which may
preclude inspection by the Landlord.
Section 5.03 The Tenant’s Obligations.
The Tenant shall maintain the Premises and its communications systems in a
neat and clean fashion subject only to reasonable wear and tear and subject to the
terms of this Agreement.
4
ARTICLE VI
UTILITIES
Section 6.01
The Tenant shall be responsible for all costs and expenses relating to providing
utility service to the Premises and shall pay directly to the utility company, or the
provider of such service, all charges and assessments for any utility services provided
for its use herein. The Tenant will have a sub-meter or electricity installed to measure
electrical usage.
ARTICLE VI1
INSURANCE
Section 7.01
Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, the Tenant reserves the right to be self-insured for General Liability
and Automobile Liability and Premises Liability under Florida sovereign immunity
statutes with coverage limits of One Hundred Thousand Dollars ($1 00,000.00) per
person and Two Hundred Thousand Dollars ($200,000.00) per occurrence; or such
monetary waiver limits that may change and be set forth by the Legislature.
The Landlord shall keep the Building and Premises insured.
Section 7.02
The Tenant agrees to maintain or to be self-insured for Workers’ Compensation
and Employer’s Liability insurance in accordance with Chapter 440, Florida Statutes.
Section 7.03
Each party to this Lease shall be liable for its willful, wanton, gross negligence, or
negligent acts, subject to the limitations as provided by Section 768.28, Florida Statutes,
as to the Tenant.
Section 7.04
When requested by either party, each party agrees to provide a statement of
Certificate of Insurance evidencing insurance.
5
ARTICLE Vlll
INDEMNIFICATION
Section 8.01
To the extent permitted by law, the Landlord shall indemnify and hold the Tenant
harmless from and against any and all losses, suits, actions, legal or administrative
proceedings, claims, demands, damages, liabilities, interest, attorney’s fees, costs,
and/or expenses whatsoever arising in any manner, directly or indirectly, related to the
Landlord’s material failure to perform pursuant to this Agreement. However, the
Landlord does not indemnify the Tenant from and against any and all losses, suits,
actions, legal or administrative proceedings, claims, demands, damages, liabilities,
interest, attorney’s fees, costs, and/or expenses due to the Tenant’s negligence, gross
neg I igence, or wi I Ifu I misconduct.
To the extent permitted by law, the Tenant shall indemnify and hold the Landlord
harmless from and against any and all losses, suits, actions, legal or administrative
proceedings, claims, demands, damages, liabilities, interest, attorney’s fees, costs,
and/or expenses whatsoever arising in any manner, directly or indirectly, related to the
Tenant’s material failure to perform pursuant to this Agreement. However, the Tenant
does not indemnify the Landlord from and against any and all losses, suits, actions,
legal or administrative proceedings, claims, demands, damages, liabilities, interest,
attorney’s fees, costs, and/or expenses due to the Landlord’s negligence, gross
negligence, or willful misconduct. The liability limits set forth in Section 768.28, Florida
Statutes, shall not be waived.
ARTICLE IX
DESTRUCTION OF PREMISES
Section 9.01 Damage or Destruction by Fire, War, or Act of God.
In the event the Premises shall be destroyed or damaged or injured by fire or
other casualty during the Term of this Lease, the Landlord shall restore the Premises to
the same or better condition than that which existed prior to such casualty. The
Landlord shall commence such restoration within a reasonable time after such casualty.
The Landlord shall thereafter diligently pursue such restoration to completion; in lieu of
restoration, remediation, or repair, the Tenant may terminate this Lease. The Landlord
retains the right to terminate the Lease if it does not intend to restore the Building.
6
ARTICLE X
ASSIGNMENT AND SUBLETTING
Section 10.01 Consent Required.
The Tenant may not assign, mortgage, pledge, or encumber this Lease, in whole
or in part, nor sublet or rent all or any portion of the Premises, nor grant any easements
affecting the Premises, other than to a successor agency. This provision shall be
construed to include a prohibition against any assignment, mortgage, pledge,
encumbrance, or sublease by operation of law, legal process, receivership, bankruptcy,
or otherwise, whether voluntary or involuntary.
ARTICLE XI
DEFAULT
Section 11.01 Events of Default.
The occurrence of any one or more of the following shall constitute an Event of
Default by the Tenant under this Lease: (i) the Tenant’s failure to pay any sum due
hereunder within thirty (30) days after the same shall become due; (ii) the Tenant’s
failure to perform or observe any of the agreements, covenants, or conditions contained
in the Lease on the Tenant’s part to be performed or observed if such failure continues
for more than sixty (60) days after notice from the Landlord, unless the same is of such
a nature that it cannot reasonably be cured within such a time period, in which event the
Tenant shall be entitled to a reasonable period under the circumstances; or (iii) the
Tenant’s vacating or abandoning the Premises. If any Event of Default occurs, then at
any time thereafter while the Event of Default continues, the Landlord shall have the
right to give the Tenant notice of the Landlord’s intent to terminate this Lease upon a
specified date not less than thirty (30) days after the date notice is received by the
Tenant, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default
is cured within the thirty (30) day period and the Landlord is so notified, this Lease will
continue.
ARTICLE XI1
ANNUAL BUDGETARY FUNDING/CANCELLATION
Section 12.01
This Agreement and all obligations of the Tenant hereunder are subject to and
contingent upon annual budgetary funding and appropriations by each governmental
authority .
7
ARTICLE Xlll
QUIET ENJOYMENT
Section 13.01 The Landlord’s Covenant.
Upon payment by the Tenant of the Rent and other charges herein provided, and
upon the observance and performance of all the covenants, terms, and conditions on
the Tenant’s part to be observed and performed, the Tenant shall peaceably and quietly
hold and enjoy the Premises for the Term hereby demised without hindrance or
interruption by the Landlord or any other person or persons lawfully or equitably
claiming by, through, or under the Landlord.
ARTICLE XIV
MISCELLANEOUS
Section 14.01 Entire Agreement.
This Lease, and any Exhibits attached thereto, constitutes all agreements,
conditions, and understanding between the Landlord and the Tenant concerning the
Premises, also known as “Demised Premises.’’ All representations, either oral or
written, shall be deemed to be merged into this Lease and the Interlocal. Except as
herein otherwise provided, no subsequent alteration, waiver, change, or addition to this
Lease shall be binding upon the Landlord or the Tenant unless reduced to writing and
signed by them.
Section 14.02 Notices.
Any consents, approvals, and permissions by the Landlord shall be effective and
valid only if in writing, and any notice by either party to the other shall be in writing and
shall be deemed to be duly given only if mailed prepaid by certified mail return receipt
requested to the following addresses:
As to the Citynenant: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: Ron Ferris, City Manager
with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: City Attorney
8
As to the Condo. Assoc./Landlord: The Landmark At The Gardens, a
Condominium Association
3600 Gardens Parkway
Palm Beach Gardens, Florida 3341 0
with a copy to: Stephen S. Mathison, P.A.
PGA Concourse Building
5606 PGA Boulevard, Suite 21 1
Palm Beach Gardens, Florida 3341 8
Either party hereto may change the address for service of notices required or
permitted hereunder upon ten (IO) days’ prior written notice. All notices given
hereunder shall be effective and deemed to have been duly given only upon receipt by
the party to which notice is being given, said receipt being deemed to have occurred
upon such date as the postal authorities shall show the notice to have been delivered,
refused, or undeliverable, as evidenced by the return receipt.
Section 14.03 Severability.
If any term of this Lease or the application thereof to any person or
circumstances shall be determined by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Lease, or the application of such term to persons
or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the
fullest extent permitted by law.
Section 14.04 Termination for Convenience.
This Agreement may be terminated by the Tenant at any time and for any reason
for convenience upon providing the Landlord fifteen (15) days’ prior written notice of the
same, and the Tenant shall be relieved of all liability hereunder.
Section 14.05 Terms and Conditions.
This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm Beach
County, Florida. This Agreement shall not be construed against the party who drafted
the same as all parties to this Agreement have had legal business experts review the
adequacy of the same.
9
IN WITNESS WHEREOF, this Agreement has been executed by the parties on
the day and year first written above.
WITNESS: LANDLORD:
THE GARDENS, a
By:
By:
ATTEST: TENANT:
CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Eric Jablin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
(SEAL)
By:
Christine P. Tatum, City Attorney
\\pbgsfile\Attorney\attorney-share\AGREEMENTS\Lease Agreement-pd communications systems.doc
10
EXHIBIT “A”
VENTILATION i i LockTu3 !
I ! N TO Do02
i
SOFFIT WdT 16 m- 11.1 SF. ' OVE I P
i .,z
Equipment list In Room
(4) 80 inch high, 19’ wide racks filled with radio communications related equipment
(2) 1.5 ton wall mounted “mini” split ac condition systems.
(1) 80” open rack with 48V communications batteries with rectifier
(1) Powerware UPS ,
(1) 3 phase 100 amp electrical panel to power related equipment.
(1) Lightning suppression system for communications room
Equipment list Outside Room
(2) Antel base station antennas with associated feedline mounted outside (5’8~11’~ 1.5 diameter)
(1) airmux 4.9gig antenna (12”x12”)
(1) Tower top amplifier
(2) Harris 18gig microwave antennas and associated feedline (2’ diameter round)
(2) Wall mounted air conditioner condensers outside to the west of the communications room
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 27,2008
Meeting Date: June 5,2008
Resolution 44,2008
Finance:
SubjectIAgenda Item:
Resolution 44,2008: Urban County Program Interlocal Agreement with Palm Beach County
Consideration of Approval: Authorizing the Mayor and City Clerk to execute an interlocal
agreement between the City and Palm Beach County for the Urban County Program, which will
provide the City access to Community Development Block Grant (CDBG) and Home Investment
Partnership (HOME) Program hnds for fiscal years 2009,2010, and 201 1.
City Council Action:
[ IAPPrOVed
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Development
Compliance N/A
Bahareh Keshavm-Wolfs,
AICP
Growth Management
Adminis tor: k I &L.Irwin,AICP
tcsl
Ronald M. Ferris/
Originating Dept.:
Growth Management:
Project
Kara L. Irwin
uanager &
[ ]Quasi-Jdicial
[ ]Legislative
[ IPubIicHearing
Advertised:
Paper: Palm Beach Post
[ ]Required
[XI NotRequid
AfktcdPartks:
[ ]Notified
[XI NotRequired
Senior Accountant: niA
rresha'Th0hm.s
Fees paid [Yes]
Funding Source:
[ ]Operating
Ix3-B
Budget Acct#:
NfA
Attachmen*.
Resolution 44,2008
InterldAgreement
Date Prepared: May 27,2008
Meeting Date: June 5,2008
Resolution 44,2008
EXECUTIVE SUMMARY
The adoption of Resolution 44, 2008 would authorize the City's participation in the Palm Beach
County Urban County Program for fiscal years 2009,20 10, and 20 1 1. This will enable the City to
continue to access CDBG and HOME program hnds as a part of the Palm Beach County Entitlement
Jurisdiction.
BACKGROUND
The City currently participates in the Urban County Program, which provides access to hnds that are
generally targeted to benefit persons and families who are deemed to be of low to moderate income.
The U. S. Department of Housing and Urban Development (HUD) determines the amount of CDBG
and HOME dollars Palm Beach County receives based upon participation by local municipalities and
unincorporated areas of the County.
The City entered into the same interlocal agreement for the past nine (9) years.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 44, 2008.
2
Date Prepared: May 27, 2008
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RESOLUTION 44,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM
BEACH COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT
AND HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES
FOR FISCAL YEARS 2009,2010, AND 201 1 AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE SAME; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to
cooperate with Palm Beach County for the purpose of implementing the Community
Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs
through the Palm Beach County Urban County Program; and
WHEREAS, an interlocal agreement with the County is required for the County to
implement CDBG and HOME activities within a municipality.
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 authorizes
the Mayor and City Clerk to execute the Interlocal Agreement, attached as Exhibit “A,
which allows the County to expend CDBG and HOME funds for eligible activities within the
City during fiscal years 2009, 201 0, and 201 1.
SECTION 3. This Resolution shall become effective immediately upon adoption.
[This space is intentionally left blank]
Date Prepared: May 27, 2008
Resolution 44, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
23
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27 VOTE:
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29 MAYOR JABLIN
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31 VICE MAYOR LEVY
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33 COUNCILMEMBER RUSSO
34
35 COUNCILMEMBER BARNETT
36
37 COUNCILMEMBER PREMUROSO
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44
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46
-- AYE NAY ABSENT
2
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
CITY OF PALM BEACH GARDENS
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this - day of
-, 2008 by and between PALM BEACH COUNTY, a political subdivision ofthe State of Florida, hereinafter referred
to as the "COUNTY". and ,CITY OF PALM BEACH GARDENS a municipality duly organized by the laws ofthe State
of Florida. hereinafter referred to as the "MUNICIPALITY".
WHEREAS, the parties hereto have the common power to perform Community Development Block Grant
(CDBG) and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers
being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part 111, Florida Statutes; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act" authorizes
local governments to make the most efficient use oftheir powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic,
population and other factors influencing the needs and development of local communities; and
WHEREAS, it is mandated by Title I ofthe Housing and Community Development Act of 1974, as amended,
that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes
of implementing CDBG activities within said municipalities; and
WHEREAS. these Interlocal Cooperation Agreements are also required to implement HOME under Title II of
the National Affordable Housing Act of 1990, as amended; and
WHEREAS, the COUNTY desires tojoin with municipalities in order tocarry out the planningand professional
services necessary to implement the CDBG and HOME Programs during Federal Fiscal Years 2009, 2010, 201 I; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking
community renewal and lower income housing assistance activities; and
WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation ofthe goals and
objectives of the COUNTY'S Consolidated Plan. as approved by the U.S. Department of Housing and Urban
Development; and
WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing
the Community Development Block Grant and HOME Programs.
NOW, THEREFORE, the parties hereby agree as follows:
I. TheCOUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend
CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal
Fiscal Years 2009, 2010, 201 I (including program income generated from expenditure of
such funds) under Title I of the Housing and Community Development Act of 1974, as
amended, and Title II ofNational Affordable Housing Act of 1090, as amended. and receive
funds under these Acts.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in
undertaking. community renewal and lower income housing assistance activities.
3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as
required by the U.S. Department of Housing and Urban Development (HUD). The
COUNTY will undertake or assist in undertaking all professional and administrative
services necessary to prepare said application and other necessary documents, and the
COUNTY will agree to take full responsibility and assume all obligations ofan applicant.
The COUNTY and the MUNICIPALITY agree that the COUNTY IS hereby allowed to
undertake or assist in undertaking essential community development and housing assistance
activities within the MUNICIPALITY; however. the COUNTY has linal responsibility for
selecting activities and annually submitting the Consolidated Plan to HUD.
4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure
compliance with the urban county's certification required by Section 104(b) of Title I
ofthe Housing and Community Development Act of 1974. as amended, including Title
VI ofthe Civil Rights Act of 1954. the Fair Housing Act, Section 109 ofTitle I ofthe
Housing and Community Development Act of 1974. the Americans with Disabilities
Act of 1990, and other applicable laws. Thc COUNTY shall not use CDBG or HOME
funds for activities in or in support ofany MUNICIPALITY that does not afiinnatively
CITY OF PALM BEACH GARDENS
further fair housing within its own jurisdiction or that impedes the COUNTY'S actions
to comply with its fair housing certification.
5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply
for grants under the Small Cities or State CDBG Programs from appropriations for
Fiscal Years 2009,2010,201 I; and may not participate in a HOME consortium except
through the COUNTY.
6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of
excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations; and a policy ofenforcing
applicable State and local laws against physically barring entrance to, or exit from a
facility or location which is the subject of such non-violent civil rights demonstrations
within jurisdictions.
7. The COUNTY, through its Department of Housing and Community Development, shall
assist the MUNICIPALITY in undertaking all professional and administrative services
necessary for the purposes of implementing CDBG or HOME activities. including
preparation of all applications and other necessary documents, planning and other
administrative activities, as required.
8. Pursuant to 24 CFR 570.501(h), the MUNICIPALITY is subject to the same
requirements applicable to suhrecipients. including the requirements of a written
agreement as described in 24 CFR 570.503.
9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any
modification andior change in the use ofany real property (from that planned at the time
of acquisition or improvement, including disposition) acquired or improved in whole or
in part with CDBG or HOME funds that is within control of the MUNICIPALITY.
Notification of the COUNTY shall take place within ten ( IO) days ofsaid modification
or change.
In the event that said real property as described above is sold, conveyed or transferred after the time of
acquisition and/or improvement. and said real property is sold. conveyed or transferred for usage which does
not qualify as eligible under CDBG or HOME regulations, the COUNTY shall be reimbursed in an amount
equal to the current fair market value (less any portion thereof attributable to expenditures ofnon-CDBG or
non-HOME funds) ofthe property by the MUNICIPALITY.
In the event of a close-out or change of stiltus of the MUNICIPALITY, termination of this Agreement, or
disposition andior transfer of any property improved or acquired with CDBG or HOME funds, the COUNTY
shall be reimbursed by the MUNICIPALITY any program income generated prior to or subsequent to said
close-out, termination or change of status.
10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and
the implementing program as outlined in the Annual Consolidated Plan, which governs
the expenditure of CDBG and HOME funds.
I 1. This Agreement shall give the COUNTY authority to carry out activities which will be
funded from annual appropriationsofCDBG and HOMEentitlement fundsand program
income through Federal Fiscal Years 2009, 2010, 201 I. The Agreement shall remain
in effect until all CDBG funds, HOME funds and any program income received with
respect to activities carried out during the three-year qualification period are expended,
and the funded activities are completed, and that the COUNTY and MUNICIPALITY
may not terminate or withdraw from the Agreement while it remains in effect.
12. This Agreement is contingent upon the COUNTY'S qualification as an "urban county"
and award of funds under the Housing and Community Development Act of 1974, as
amended, and the National Affordable Housing Act of 1990, as amended.
13. Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the state, county or municipal officers.
14. A copy ofthis Agreement shall be tiled with the Clerk and Comptroller in and for Palm
Beach County.
CITY OF PALM BEACH GARDENS
15. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein are hereby declared to he null and void.
CITY OF PALM BEACH GARDENS
IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed by their duly
authorized officials.
ATTEST:
SHARON R. BOCK, Clerk &Comptroller
of the State of Florida
PALM BEACH COUNTY, FLORIDA, a Political Subdivision
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Addie Greene, Chairperson
Approved as to Form and Legal
Sufticiency:
Approved as lo Terms and Conditions
Dept. of Housing and Community Development
By: By:
Tammy K. Fields
Senior Assistant County Attorney
Edward Lowery, Director
Housing and Community Development
ATTEST:
duly
Clerk
(SEAL)
CITY OF PALM BEACH GARDENS, a municipality
organized by the laws of the State of Florida
._ ~
Manager (If Applicable)
CITY OF PALM BEACH GARDENS
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement are fully
authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake,
or assist in undertaking, community renewal and lower income housing assistance activities.
Tammy K. Fields, Senior Assistant County Attorney
Palm Beach County, Florida
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 2,2008
Meeting Date: June 5,2008
Resolution 38,2008
Subject / Agenda Item:
Resolution 38,2008: Art in Public Places - Latitudes in the Gardens
Consideration of Approval: A request by Mark Fuller, on behalf Hawkeye Central, LLC, for
approval of the public art for the Latitudes in the Gardens commercial portion of the Parcel 3 1.04
(a.k.a. Cimarron Cove) Mixed-Use Planned Community Development (MXDPCD), generally
bounded by Interstate 95 and Central Boulevard to the West, the future extension of Victoria
Falls Boulevard to the North, the future extension of Elm Avenue to the East, and the Paloma
PUD to the South.
[ X ] Recommendation to APPROVE
[ ] Recommendation to deny
Development Compliance
Manager: & [J
BahFeh Wolfs, AICP
Kara Irwin, AICP -
Ronald M. Ferris e---
Originating Dept.:
Growth Management:
Manager
Nina Nikolova
Planning Specialist
Advertised: NIA
Date:
Paper:
[XI Not Required
Affected parties:
[ ]Notified
[XI Not Required
FINANCE: NA
Costs: $ NA
Total
$-NAP
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
[ ]None
AIPP Board Action:
[ ] Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 38, 2008
0 Artist Statement
Artist's Resume
Budget Breakdown
AIPP Escrow Letter
Vicinity Map
AIPP Location Site
AIPP Elevation
Plan
Views
Date Prepared: May 2,2008
Meeting Date: June 5,2008
Resolution 38,2008
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places for the Latitudes in the
Gardens commercial portion of the Parcel 31.04 (a.k.a Cimarron Cove) Mixed Use
Planned Community Development (MXD/PCD). The proposed public art would be
installed in the courtyard area between Buildings 1 and 2. The artist, Mark Fuller, is
proposing a kinetic wind-driven installation, entitled “The Sphere.” The sphere portion
of the art will be 12 feet in diameter and composed of 18MM composite
aluminundpolycarbonate honeycomb panels. The sphere will be attached to the pedestal
which will be 20 feet in diameter and 6 feet in height, by a stainless steel support yoke.
The pedestal design will incorporate a planter bed for annuals, and a 360 degree seating
around the base. The total height of the art including the pedestal base and seating will
be approximately 20 feet. The artist has stated that the art will be engineered to meet
wind criteria of 140 mph. The Art in Public Places (AIPP) Advisory Board recommended
approval of the proposed art on February 19, 2008, by a 6-0 vote. Staff recommends
approval of Resolution 38,2008 with one condition.
BACKGROUND
On July 20, 2006 the City Council adopted Resolution 53, 2006, for the master site plan
approval of Parcel 31.04 MXD/PCD which consists of 50.58 acres. Concurrently with
the PCD master site plan, the City Council adopted Resolution 55, 2006, granting site
plan approval to the residential portion of the PCD within “Parcel C”, which is exempt
from the art requirement. Furthermore, on February 1, 2007, the City Council adopted
Resolution 4, 2007, which granted site plan approval for the approximately 9.0 acre
commercial area consisting of “Parcel A” and “Parcel B” of the Parcel 3 1.04 MXD/PCD,
a.k.a “Latitudes in the Gardens.” The approval allowed for 9,000 s.f. of restaurant use,
15,000 s.f. of retail use, 38,000 s.f. of medical office use, and 14,866 s.f. of professional
office use.
DISCUSSION
The artist, Mark Fuller, representing himself and the owner of the property, appeared
before the Art in Public Places Advisory Board for a workshop on December 18, 2007,
and for a final recommendation to the City Council on February 19,2008.
In accordance with Section 78-261(d) of the Land Development Regulations entitled
Requirements for art orfee in lieu of art, all budgets for new construction of private and
public developments, except city projects, shall include one percent (1%) of the total
budget for vertical construction equal to or greater than $1,000,000.00 as a fee for art in
public places. The subject fee shall be utilized by the developer for the provision of
artwork on the project site, or the developer may choose to contribute one percent (1%)
of the total vertical construction costs directly to the City for the provision of art on
public property.
Under the provisions of Section 78-261 (d)( 1)a. 1. of the City’s Land Development
2
Date Prepared: May 2,2008
Meeting Date: June 5,2008
Resolution 38,2008
Regulations entitled Deposit offunds, prior to the issuance of a building permit the
petitioner is required to place $63,898.71 into an escrow account, which represents an
estimate of one (1%) percent of the estimated total cost of vertical construction on site.
The budget for the proposed AIPP program is $75,000 (please see the attached project
budget breakdown).
PROPOSED ART IN PUBLIC PLACES
The artist (please see attached artist resume), is proposing a kinetic wind-driven
installation, entitled “The Sphere.” It will be 12 feet in diameter, and will be placed on a
pedestal that will be 20 feet in diameter and 6 feet in height. The pedestal design will
incorporate a planter bed for annuals, and a 360 degree seating around the base (please
see attached images and site plan).
PROPOSED LOCATION FOR ART
The applicant is proposing one (1) location for the public art:
1. The sculpture is placed in the open courtyard area between Buildings 1 and 2.
The proposed location is consistent with Land Development Regulations Section 78-262
as follows:
Visibility: The proposed public art location takes the design of the site into
account, so that the public can receive the most enjoyment and benefit from the
art, The site is surrounded by a preserve; therefore, the best location for the art is
within the site. The art is integrated into the site and is located in a pedestrian
oriented area. The art would also be visible to vehicular traffic which enters the
site.
Lighting: The proposed public art will be lit in an unobtrusive manner through
the use of up-lights that will be placed within the pedestal base.
ART IN PUBLIC PLACES ADVISORY BOARD
The artist, Mark Fuller, representing himself and the owner of the property, appeared
before the Art in Public Places Advisory Board for a workshop on December 18, 2007,
and for a final recommendation to the City Council on February 19, 2008. The AIPP
Board approved the proposed art in a 6-0 vote.
STAFF RECOMMENDATION
Staff is recommending approval of Resolution 38, 2008, with the following condition of
approval:
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning and Zoning)
3
Art is t ’s Stat eme n t _- .
This proposal for THE SPHERE provides for a kinetic wind-driven installation. MTFULLER .*(, .._=* I_ *
FUNCTIONAL ARTS
THE SPHERE consists of multiple crescent-shaped fins which are aligned
perpendicular to each other at the centerline. A primary support yoke is
deep anchored to the foundation and has a 360 degree movement on the
X / Z axis (horizontal plane) via a simplicity bearing shaft and collar. Secured
to the upper-end of the support yoke, an additional simplicity bearing and
shaft collar is mounted to the outer crescent of the spherical fabrication
assembly, which will allow the fabrication body to rotate 360 degrees on the
Y (vertical rotation) axis. This combination of axial rotations combined with
the opposing planes of the crescent fins will allow the spherical assembly
to direct itself into the breeze as it finds its path of least rersistance to the
prevailing breeze. Constant corrections to the direction of even the slightest
breeze provide viewers with a stimulating visual experience.
Conceived as having a silver metallic finish with a colored inside leading
edge of the fins, the theme of THE SPHERE is relative to the projects
namesake of “Lattitudes”.
This installation will be engineered to meet hurricane codes as follows:
Wind Criteria: 140mph
Exposure “C”
FBC 2004
As an additional measure for safety under tropical storm conditions,
THE SPHERE will have adjustable tension restraint cables which will prevent
rotation of the spherical assembly on the Y axis (vertical rotation). The
nature of forces upon the assembly will allow for horizontal movement to
head into the wind.
All aspects of the pedestal base will be provided by the project owner.
AlPP Workshop & Approval Process Overview
The initial ‘sphere’ design for this installation was approved, however the
AlPP committee requested that a design option for the base element be
presented. The base pedestal had previously consisted of a series of
cylindrical steps with THE SPHERE mounted atop.
__-
The base pedestal was then re-designed, and approved by the art committee.
This new base pedestal design is an excellent improvement over the previous
scheme as it now offers a planter bed for annuals, 360 degree seating
around the sculpture installation, and up-lighting.
This design as presented was unanimously approved by the committee.
MTFULLER
FUNCTIONAL ARTS
MTFuller is an environmental graphic designer and creator of art works for a wide variety of applications. Established in West
Palm Beach since 1986, Mark Fuller provides professional design, fabrication, and production services.
Primarily oriented towards designing identity elements to create a sense of place, Fuller's experience includes urban street
furniture such as seating elements, bollards, lighting fixtures, tree grates, telephone kiosks, and graphic images on sound
barriers along Interstate 95. His Art In Public Places installations have included kinetic constructions, compression-tension
cable structures, and static free-standing elements. His works have been referenced by a spokesperson for the National
Endowment For The Arts as "a good example of what public art should be".
Experience with and accessability to high-tech fabrication methods and finishing technology allow him to effectively determine
appropriate production methods to accommodate budget, schedule, and function requirements. His projects often incorporate
diverse fabrication methods utilizing polymer-based mouldings, cast stone fabrications, specialized epoxy-polyester hybrid
coatings, and aero-space quality precision metal fabrications. Immediate access to state-of-the-art industrial lasers, CNC
computerized machining, and large format image reproduction has enhanced MTFuller's ability to streamlining the process from
concept to reality.
Fluent in digital technology, MTFuller utilizes an array of powerful Macintosh and PowerComputing platforms for pre-production
3D modeling and imaging. Expertise in programs such as Photoshop, Raydream, Lightwave, and POV-Ray I Persistance of
Vision enables photo-realistic monitoring of designs from conceptual design throughout the final design phases.
Professional Experience
Urban Design Studio, West Palm Beach, FL:
Lance Wman Ltd. New York, NY
MTFuller Functional Arts; West Palm Beach, FL:
Animates, Inc.; New York, NY
Director of Graphics 1978-80
Senior Designer 1980-86
Owner 1986-present
Principal 1988 - present
Art In Public Places
Helter Shelter - Pinellas County Arts Council, Seminole, Florida (2007)
Last Pasture - Boynton Town Center, Boynton Beach, FL, (2007)
The Obelisk - The Sembler Company, Palm Beach Gardens, Florida (2006)
StacW45 - The Sembler Company, Palm Beach Gardens, Florida (2006)
Butten7y Grove - PGA Commons, Palm Beach Gardens, Florida (2005)
Track 2; 1-9 - The Pinellas Trail; Pinellas County Arts Council, St. Petersburg, Florida (2004)
Tears - The WTC-9/11 Memorial, The City of Hoboken, New Jersey (2002)
Flock- The City of Mercer Island, Washington (2001)
Square Peg Round Hole - Interim Services Corporate Headquarters, Ft. Lauderdale, Florida (2000)
Tensegrity - The Children's Discovery Museum of the Desert, Palm Desert, California (1 999)
Marlin Palms - The City of West Palm Beach, West Palm Beach, Florida (1995)
fish Out Of Water - The City of West Palm Beach, West Palm Beach, Florida (1993)
Other Sample Project Clients
The State of New Jersey Department of Transportation.
The City of Calgary, Calgary, Alberta, Canada
The City of Toronto, Toronto, Ontario, Canada
The City of Detroit, Detroit, Michigan
The City of Trenton, Trenton, New Jersey
The City of Boynton Beach, Boynton Beach, Florida
The City of West Palm Beach, West Palm Beach, Florida
Museo Amparo, Mexico City, Mexico
U. S. Sugar Corporation, West Palm Beach, Florida
Downtown Development Authority of West Palm Beach
CoTran, Palm Beach County, Florida
Farr-Jewett & Associates, Washington, DC
Skidmore, Owings & Merril, New York, New York
American Musuem of Natural History, New York, New York
Historic Mercer Cemetary, Trenton, New Jersey
South Street Seaport Museum, New York, New York
MTFULLER
____-I-
FUNCTIONAL ARTS
524 Palm Beach Lakes Blvd.
West Palm Beach, FL
33401
561.707.4688
j mtfuller@earthllnk.net
Budset Schedule 1February 2008
AIPP - Sphere Mtitudes at the Gardens
AIPP Budget
Design
Logistics (professional fees, overhead, insurance)
Materials (metal, pc extruded sheet, hardware)
Materials Freight
Production Services (laser, CNC, hybrid laminations)
Assembly & Handling
Installation Services
lO0/o Margin
75,000.00
15,000.00
5,575 .OO
15,500.00
1,000.00
17,300.00
10,375.00
2,750.00
7,500.00
Shapiro/Pertnoy Companies
January 3 1,2008
City of Palm Beach Gardens
Planning and Zoning Divisioii
Grown Management Department
10500 North Military Trail
Palm Beach Gardens, FL 334 10
Re: Latitudes in the Gardens
12400 & 12500 Central Blvd.
Palm Beach Gardens, FL 33414
To Whom It May Concern:
Please be advised that we have determined the vertical construclion costs of Latitudes in
the Gardens using the standard Building Valuation Data Tables I and 2. The building is
classified as Group B Business, Type IIIB, with a construction cost of $83.13 per square
foot.
We estimate the total vertical construction cost to be $6,389,871.00 (Le., 76,866 square
fcct timcs $83.13 per square foot.). We are subniitting the minimum 1% of vertical
constniction cost into an escrow account as per the City of Palm Beach Gardens
ordinance. The escrow amount is $63,898.7 1.
If you should have any questions, or require hrther information, do not hesitate to
con tact us.
Hawkeyc Ccutral, ULC
3 I I1 Fortune Way, Suite B-18 Wellington, FL 33414 (561) 793-2003 793-5852 Fax (561) 790-3091
c'c: Ronnie Peflrrriy
Mtirk Fuller
Ryan Joluiston
City of Palm Beach Gardens
Art In Public Places
Proposed Art Design
for
Lattitudes in the Gardens
MTFULLER
FUNCTIONAL ARTS
524 Palm Beach Lakes Blvd.
Palm Beach, FL 33401
561 .707.46aa
c
MTFULLEl
p- fvIscTK)(JALAKcI
PROPOSED ART LOCATION I
-
PROPOSED ART LOCATION
1
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I
C' 'I
MTFULLER I
- up-
A
i I J
I A
MTFULLER IRD’S-EYE -~ VIEW
FUNCTIONAL ARTS
EQUIPPED WITH ROTATION LOCK
FOR VERTICAL ROTATION (XZ AXIS)
12-0"
R
12-0"
12'-0" II
I I 20' DIA
r Light Light t =6
:er
TYPICAL SIDE VIEW PLAN VIEW
TYPICAL VIEWS MTFULLER
FUNCTIONAL ARTS
VERTICAL
VERTICAL
SUPPORT YOKE
HORIZONTAL BEARING (Y AXIS)
UP-LIGHTS
EQUIPPED WITH ROTATION LOCK
FOR VERTICAL ROTATION (XS AXIS)
M COMPOSITE
ALUMINUM /
POLYCARBONATE
HONEYCOMB PANELS;
BASE BY C
I QUADRANT SPOKE
PEDESTAL BASE BY OWNER
n
n
-H
-- -
I1
PLAZA VIEW - - MTFULL 3
FUNCTIONAL ARTS
I
I
R
1
-- --
A- *
I
L
1
L i
--
I MTFULLER PLAZA VIEW
FUNCTIONAL ARTS m
LA
I
E VIEW im MTFULL
I 01 FUNCTIONAL A
Date Prepared: May 2, 2008
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RESOLUTION 38,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR THE LATITUDES IN THE GARDENS COMMERCIAL
COMMUNITY DEVELOPMENT (MXD/PCD), AS DESCRIBED MORE
PARTICULARLY HEREIN; PROVIDING A CONDITION OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
PORTION OF THE PARCEL 31.04 MIXED-USE PLANNED
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
WHEREAS, the City received a request from Mark Fuller on behalf Hawkeye
Central, LLC, for approval of the public art for the Latitudes in the Gardens commercial
portion of the Parcel 31.04 (a.k.a. Cimarron Cove) Mixed-Use Planned Community
Development (MXD/PCD), generally bounded by Interstate 95 and Central Boulevard to
the West, the future extension of Victoria Falls Boulevard to the North, the future
extension of Elm Avenue to the East, and the Paloma PUD to the South, as more
particularly described herein; and
WHEREAS, on July 20, 2006, the City Council adopted Resolution 53, 2006,
thereby approving the master site plan for Parcel 31.04 MXD/PCD; and
WHEREAS, on July 20, 2006, the City Council adopted Resolution 55, 2006,
thereby approving the site plan for the residential portion of Parcel 31.04; and
WHEREAS, on February 1, 2007, the City Council adopted Resolution 4, 2007,
thereby approving the site plan for the commercial portion of Parcel 31.04 to allow the
development of 9,000 s.f. of restaurant use, 15,000 s.f. of retail use, 38,000 s.f. of
medical office use, and 14,866 s.f. of professional office use; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Art in Public Places Board reviewed the petition (AlPP-07-12-
00001 7) at its February 19, 2008, public hearing and recommended approval by a vote
of 6-0; 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
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Date Prepared: May 2, 2008
Resolution 38, 2008
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
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 approves the proposed Art in Public Places
for the Latitudes in the Gardens portion of the Parcel 31.04 Mixed Use Planned
Community Development (MXD/PCD) which is located on the following described real
property :
LEGAL DESCRIPTION
LATITUDES IN THE GARDENS
A PARCEL OF LAND SITUATED IN SECTION 36, TOWNHIP 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:
COMMENCING AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY OF
INTERSTATION 1-95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181
SOUTHEAST RIGHT-OF-WAY OF CENTRAL BOULEVARD AS SHOWN ON ROAD
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE
PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104,
PAGE 945 AND OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE SAID PUBLIC
RECORDDS; THENCE NORTH 40’53’44” EAST, ALONG SAID SOUTHEAST RIGHT-
OF-WAY OF CENTRAL BOULEVARD, A DISTANCE OF 628.76 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH
CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 39.99 FEET;
THENCE NORTH 43’37’28’’ EAST, CONTINUING ALONG SAID RIGHT-OF-WAY,
40’53’44” EAST, A DISTANCE OF 477.07 FEET; THENCE NORTH 46’37’28’’ WEST,
DISTANCE OF 24.53 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE WEST, HAVING A RADIAL BEARING OF NORTH 46’22’32’’
WEST, A RADIUS OF 1,969.86 FEET AND A CENTRAL ANGLE OF 15’38’58”;
THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND
RIGHT-OF-WAY LINE A DISTANCE OF 538.03 FEET; THENCE DEPARTING SAID
RIGHT-OF-WAY LINE SOUTH 66’38’32” EAST, A DISTANCE OF 316.95 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
RADIUS OF 1149.42 FEET, A RADIAL BEARING OF NORTH 24’34’53’’ EAST AND A
CENTRAL ANGEL OF 09’27’21”; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 189.70 FEET; THENCE SOUTH 16’20’57” WEST, A
DISTANCE OF 957.79 FEET TO THE POINT OF CURVATURE OF A CURVE
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Date Prepared: May 2, 2008
Resolution 38, 2008
CONCAVE TO THE EAST HAVING A RADIUS OF 1146.00 FEET AND A CENTRAL
ANGEL OF 04’41’36”; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 93.87 FEET; THENCE SOUTH 89’57’57” WEST, A DISTANCE OF
192.77 FEET; THENCE NORTH 54’47’47’’ WEST, A DISTANCE OF 209.84 FEET TO
NORTHEASTl HAVING A RADIUS OF 55.00 FEET, A RADIAL BEARING OF NORTH
22’59’16’’ WEST AND A CENTRAL ANGLE OF 121’38’05”; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 116.76
FEET; THENCE SOUTH 71’49’50” WEST, A DISTANCE OF 69.44 FEET; THENCE
NORTH 54”47’20” WEST, A DISTANCE OF 348.66 FEET TO THE POINT OF
BEG INN1 NG.
A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE
CONTAINING 723,793 SQUARE FEET OR 16.62 ACRES, MORE OR LESS.
SECTION 3. This approval is subject to the following condition, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planninq and Zoninq
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning & Zoning)
SECTION 4. The Art in Public Places shall be installed in compliance with the
following plans on file with the City’s Growth Management Department:
1. Latitudes in the Gardens art location plan, by Mark Fuller, received and
stamped by the City on April 9, 2008.
2. Latitudes in the Gardens typical views, by Mark Fuller, received and
stamped by the City on April 9, 2008.
3. Latitudes in the Gardens side view, by Mark Fuller, received and stamped
by the City on April 9,2008.
4. Latitudes in the Gardens front view, by Mark Fuller, received and stamped
by the City on April 9,2008.
SECTION 5. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: May 2, 2008
Resolution 38, 2008
PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 16,2008
Meeting Date: June 5,2008
Subiect/Apenda Item:
Evaluation and Appraisal Report (EAR)-Based Comprehensive Plan Amendments
Workshop: City staff is presenting the Comprehensive Plan Amendments relative to the adopted
EAR in a public workshop session. Infrastructure, Coastal Management, Conservation,
Recreation and Open Space, Intergovernmental Coordination, Capital Improvements, Public
Safety, Procedures for Accomplishing Monitoring and Evaluation Requirements, Public School
Facilities, and Economic Development will be presented at this workshop. City staff is
requesting discussion and direction from City Council.
[XI Recommendation to APPROVE
[ ] Recommendatior)/po DENY
Reviewed by:
City Attorne
Growth Manage
Administrator
Appy:m&
- ‘m Ronald M. Ferris c -- --
City Manager
Originating Dept.:
Growth Management:
:::g: RUZ
Nilsa Zacarir *
Stephen Mayer
Senior Planner
[ 3 Quasi-Judicial
[ 3 Legislative
[ ] Public Hearing
~~ ~~
Advertised:
Date: 5/23/08
Paper: PB Post
[ 3 Not Required
Affected parties:
[ ]Notified
[XI Not Required
FIN AN CE :
Senior Accountant
NIA-
Tresha Thomas
Costs: $-N/A
Total
$- NIA-
Current FY
Funding Source:
[ ] Operating
[XI Other N/A
Budget Acct.#:
NA
CC Action:
[N/A] Approved
[N/A] App. wl conditions
[NIA] Denied
[ 3 Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[N/A] Continued
to:
Attachments:
Executive Summaries:
Comprehensive Plan
Amendments GOPs:
- Infrastructure, Coastal
Management,
Conservation, Recreation
and Open Space,
Intergovernmental
Coordination, Capital
Improvements, Public
Safety, Procedures for
Accomplishing
Monitoring and
Evaluation Requirements,
Public School Facilities,
and Economic
Development
-Sections of Adopted
EAR
EXECUTIVE SUMMARY
The purpose of the Evaluation and Appraisal Report (EAR) was to examine the Comprehensive
Plan since its most recent EAR-based Comprehensive Plan Amendment in 1999, and assess how
well the Plan is serving the City in accordance with Chapter 163.3191, Florida Statutes. This
process is required once every seven years. The EAR identified what changes had occurred and
proposed how the Comprehensive Plan could be modified to accommodate them. City Council
approved the EAR through the adoption of Resolution 143, 2006 on December 2 1,2006.
Part of the initial EAR process was to identify Major Issues facing the City. The Major Issues
paper was approved for transmittal to the Florida Department of Community Affairs (DCA) by
City Council at the April 6, 2006 public hearing. The EAR process requires that the report
address each major issue relative to the Comprehensive Plan elements, and propose any
corrective measures. The Major Issues addressed in the EAR are as follows:
Plan for western growth - Review the policies relative to western development in
order to better plan for future needs.
IIO
v
Diversijj land-uses for future development, infill, and redevelopment for the eastern
portion of the City -Implement policies that further a sustainable community.
Develop a creative transit system to address future trafflc needs - Develop policies
that provide for the development of a “transit ready” community.
Maintain the City’s roadway linkages - Implement policies and guidelines that further
the interconnectivity of the City’s roadway network.
Re-evaluate the City’s proposed level of service criteria for public parks - Examine
LOS standards and drafi amendments in order to provide a variety of adequate
facilities.
Pursue the provision of Workforce Housing - Explore various options in order to
pursue the provision of Woryorce Housing.
Encourage Economic Development for Bioscience Users - Implement policies
conducive to the development of The Scripps Research Institute (TSM) and the
bioscience community.
-
Date Prepared: May 16,2008
Meeting Date: June 5,2008
Page 2 of 3
After the City Council transmittal of the EAR to the Department of Community Affairs (DCA),
DCA determined the adopted EAR was sufficient, and allowed the City to start the EAR-based
Comprehensive Plan Amendment process. These amendments are to be adopted within 18
months of the sufficiency notification, unless DCA grants an extension of time. Staff filed and
was granted a six-month extension to this deadline; therefore, the City is required to adopt the
EAR-based Comprehensive Plan Amendment by February 26,2009.
Date Prepared: May 16,2008
Meeting Date: June 5, 2008
Page 3 of 3
Please be advised that the purpose of this public workshop is to inform and receive comments
from PZAB members and residents. At this workshop, Infrastructure, Coastal Management,
Conservation, Recreation and Open Space, Intergovernmental Coordination, Capital
Improvements, Public Safety, Procedures for Accomplishing Monitoring and Evaluation
Requirements, Public School Facilities, and Economic Development will be presented. Staff
has reviewed each element, researched each subject and proposed a sustainable
comprehensive plan supporting the City’s efforts to “Going Green” and “celebrate quality-of-
life by fostering an environment of excellence”. As part of this proactive process, the
community needs to be informed, involved and inspired to be a central part of the adopted
Comprehensive Plan Amendments.
PLANNING, ZONING, AND APPEALS BOARD PUBLIC WORKSHOP
The Planning, Zoning, and Appeals Board (PZAB) reviewed the proposed EAR-Based
Amendments-Future Land Use, Transportation and Housing Elements- on April 8, 2008. The
Board provided to Staff the following major comments:
Guidelines for Architectural Character and Community Appearance: avoid proposing a
checklist that will undermine creativity.
Transit oriented projects: these initiatives should be considered at a regional level.
Transportation tables: review table 2E
Mobile homes: review definition for mobile homes and manufactured homes
Workforce housing: review impact fees as incentives.
Auxiliary dwelling units: board members recommended this housing initiative.
Inclusionary housing: consider on-site and off-site alternatives.
The following public comments were part of this workshop:
There is not too much vacant land in our City. The older neighborhoods are ready for
redevelopment, and we need to ask them: what do they want in their neighborhood?
Workforce housing needs to be available to teachers, police, fire, and nurses too.
Most of the proposals are good. Some of the transit projects will demand federal grants.
At the date of this staff report, PZAB has yet to review the proposed EAR-Based amendments
for the remaining elements. The remaining elements will be reviewed by PZAB on May 27,
2007.
STAFF RECOMMENDATION
Staff is requesting input and comments from City Council on the proposed EAR-based
Comprehensive Plan amendments. We want to thank you in advance for taking the time to read
this material and providing us with your comments.
Please notice that each Element includes an Executive Summary outlining the main proposed
initiatives, and recommended studies and actions. All proposed changes are highlighted in
yellow, underline means new languageL and &dedwe& means removing language from the
existing Comprehensive Plan.
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
INFRASTRUCTURE ELEMENT -EXECUTIVE SUMMARY
Infrastructure Element Overview
The Infrastructure element contains the following sub-elements: Sanitary Sewer, Solid Waste, Stormwater Management, Potable
Water and Aquifer Recharge.
Sanitarv Sewer
The City of Palm Beach Gardens does not own, operate or maintain a central sanitary sewer system. Wastewater transmission,
treatment and disposal services are provided by Seacoast utility Authority (SUA). Staff is proposing to ad language to the existing
goal to provide sanitary sewage for non-residential in general instead of just Commercial.
Solid Waste
The City also does not own or operate a solid waste disposal facility. Residential and commercial solid waste continues to be collected
by Waste Management, Inc. The Palm Beach County Solid Waste Authority owns and operates a disposal facility. This element
includes two existing goals. The first goal is directly related to the provision of waste management and disposal services; the second
goal mentions a comprehensive emergency management plan, and its coordination with the County regarding hazardous material
response.
Stormwater Management
This element includes one goal related to providing adequate city wide drainage and stormwater management. The City has adopted
the 2002 Stormwater Management Plan that is currently in the implementation phase. Staff is recommending to assess and update this
plan by the year 20 17.
Potable Water
The City also does not own, operate or maintain a central potable water supply system. Central potable water supply service is
provided to the City by Seacoast Utility Authority (SUA). This element includes two existing goals. The first goal refers to providing
a safe, healthy and sustainable potable water supply to all resident and businesses in the City. The second goal is related to conserving
and protecting water supply. Staff is recommending to include green building standards in existing and new structures as strategy
toward water conservation. Also, as part of the Florida Statues, the City is required to adopt a 10 year Water Supply Facility Work
Plan.
Aauifer Recharge
The Surficial Aquifer continues to be the main groundwater supply used by Seacoast Utility Authority (SUA). This element includes
one goal related to increasing groundwater recharge where applicable. Staff is also proposing to continue coordinating with SUA on
groundwater recharge policies and plans.
The following studies or actions are recommended by staf)
COMPLET~ON STUDY/ACTION
YEAR
2009
2017
INFRASTRUCTURE ELEMENT
Goals. Obiectives and Policies
SANITARY SEWER
GOAL 4.A.1.: PROVIDE ADEQUATE CENTRAL SANITARY SEWAGE FACILITIES
REDEVELOPMENT IN THE CITY.
FOR 1 RESIDENTIAL AND 1 NON-RESIDENTIAL] DEVELOPMENT
Objective 4.A.l.l.: r 2 slopment to obtain a statement of available
capacity from Seacoast coa prior to site-plan approval. The issuance
of a building permit will require an executed developer agreement with Seacoast and a certificate of
occupancy will not be issued prior to acceptance by Seacoast of the sanitary sewer facilities, which
service the building.
111 submittals for d -
Policy 4.A.l.l.l.: The City will supply the Seacoast Utility Authority with data from this
Comprehensive Plan and site specific development approvals to use to forecast capacity
requirements.
Policy 4.A.1.1.2.: The City will document any moratoriums caused by insufficient or inadequate
treatment/disposal capacity.
Policy 4.A.1.1.3.: The City shall adopt an average annual daily sanitary sewage flow level of service
standard of 107 gallons per City resident per day, until such time as it is revised by the Seacoast
Utility Authority. This shall serve as the level of service standard for the urban area. The rural area
shall utilize septic tanks, unless alternative service provision is approved by the City Council
consistent with Policy 9.1.4.2.(a)-(d).
Policy 4.A.1.1.4.: The City shall adopt a peak month, average day sanitary sewage flow level of
service standard of 11 8 gallons per City resident per day, until such time as it is revised by the
Seacoast Utility Authority.
Policy 4.A.1.1.5.: The City shall adopt a minimum sanitary sewage treatment plant capacity level of
service standard of 11 8 gallons per City resident per day, until such time as it is revised by the
Seacoast Utility Authority.
Policy 4.A.1.1.6.: The City shall coordinate with Seacoast Utility Authority to adjust sanitary sewer
service provision plans and to establish policies preventing urban sprawl, consistent with the Urban
Growth Boundary concept.
INFRASTRUCTURE 4- 1
Objective 4.A.1.2.: The City, in conjunction with the Seacoast Utility Authority and Palm Beach
County Public Health Department, will continue to monitor residences and other facilities using
septic tanks within the City.
Policy 4.A.1.2.1.: The City shall direct all inquiries for new septic tank installation to the Palm L- Health Department1 All malfunctions of existing septic tanks will be reported to the
Health ~ rtment for information and enforcement of corrective action.
City shall encourage the CQ~- ;tion to the central sani :wer system should -
I- n-sewerec -
Policy 4.A.1 - b: The City, by will develop policies for an assessment program and make it
available as an option for financing the provision of sewer service to areas not in compliance with
state statutes.
Policy 4.A.1.2.1: The use of innovative technology, such as septic tank effluent pump (STEP)
systems will be considered on their technical and functional merit.
Policy 4.A.1.2.m: The City will continue regulations that prohibit new development using septic
tanks on lots that do not comply with the size set forth in state statutes. I
SOLID WASTE
I GOAL 4.B.1.: PROVIDE ACCESS TO SOLID WASTE MANAGEMENT AND DISPOSAL
FACILITIES FOR THE CITY OF PALM BEACH GARDENS THROUGH THE PLANNING
I PERIOD OF THE YEAR bOl- NS mT-
B
Objective 4.B.l.l.: The City will continue to acquire and compiled the solid waste background data
to quantify solid waste generation rates and types by land use and population. Data will be made
available to the Solid Waste Authority. 1
Policy 4.B.l.l.l.: The minimum level of service for the City, as recommended by -
I WAI is as folloj magement, Inc. and Palm Beach County Solid Waste Authority (PB
3 w
1. Provide biweekly residential 7 llection
I
INFRASTRUCTURE 4-2
2. r
3.1
Provide weekly collection of 1 I Require subscription for collec <%'and Ion-residentii
7. Provide regulations to enforce the utilization of tarps to cover trash loads.
Objec
Beach
1.2.: The City shall cooperate and assist the Solid Waste Authority =
in the implementation of its Master Plan and waste reduction goals.
Policy 4.B.1.2.1.: The Solid Waste Authority shall implement recycling and reduction progran
necessary to
Pnl;,--i R 1.2.2.: The City shall continue to coordinate and cooperate with the I
in up- dating and implementing the county-
wide Solid Waste Master Plan. To this end, the City puts special emphasis on the development of a
recycling program to include public education and voluntary separation by residents of recyclables
and disposables. A formal contract for curb-side collection by the Solid Waste Authority for
recyclables has already been entered into.
' Palm Beach County
w GOAL 4.B
EMERGENCJ
COO--lINAT
LS
MAINTAIN
ANAGEMENT PLAN FOR
N WJ-- PALM BEACH COUNT
CSP
IOMPREHENSIV : CITY [AND CC"T1NUE 11
{GAR NG 1AZARDOI -
c rianl
iageml
Policy 4.B.2.1.1.:
Consortium (NAMAC.) and offer
communities I
The City shall continue to participate in the Northern Area Mutual Aid
Policy 4.B.2.1.2.: The City shall continue to utilize data updates from
data collected by the City to identify the location of hazardous materials or hazardous wastes.
>lid Waste Authoritl and 4, along with building permits and occupational license
Objective 4.B.2.2, naterial respon capab :he purpc
INFRASTRUCTURE 4-3 I
$or the City in accordance with Objective 4.B.2.1.
STORMWATER MANAGEMENT
GOAL 4.C.1.: PROVIDE ADEQUATE CITY-WID1
MANAGEMENT FOR ALL PROPERTY IN THE
Objective 4.C.l.l.: m" .....,.
Policy 4.C.l.l.l.: ~, ___ -, -
opted 2002 Stormwater
IRAINAGE AND STORMWATER
: Citv~ thrniirrh its consultants and staff, I
-+ I
Policy 4.C.1.1.2.: The City will continue to pursue actions and recommendations that would result
' Canal C-I7 im rovements to SFWMD structure S- hi to more adequately meet flood control level
I J( 1 ' i I and other essential flo
Policy 4.C.1.1.3.: The level of service standard (LOS) for new development will be to have the
finished floor above the flooding from a 1 00-year, 3-day storm with zero discharge, or as permitted
by SFWMD, including conveyance and retentioddetention designed for a 3 day/25-year storm for
developments greater than or equal to ten (IO) acres or for a 1 day/25-year storm for developments
less than ten (1 0) acres in size. Additionally, the LOS for new development shall require that off-site
discharges are limited to historic (predevelopment) discharges and retentioddetention requirements
shall be the first 1" of run-off or 2.5 inches x the percent of impervious area for the project,
whichever is greater, if wet storage is utilized and 75% of wet detention, if dry storage is utilized.
All of the above shall be in accordance with SFWMD Rules and Regulations, Basis of Review for
Environmental Resource Permit (ERP) Applications. The LOS for redevelopment shall conform
with the requirements for new development. The minimum LOS for existing development shall be a
surface water management system that protects existing finished floor elevations from flooding
during a 1 -day/lOO-year storm."
Policy 4.C.1.1.4.: I-- methods of increasing or maintaining
groundwater recharge.
4-4 INFRASTRUCTURE
t
the year 2010, the City will have implemented the recommendations of
Management Plan. , he City will continue to give
guidelines and review applications for development approval on the basis of the City of Palm
Beach Gardens Code of Ordinances and the South Florida Water Management District, Basis
of Review for Environmental Resource Permit (ERP) Applications. In each case a proposed
project will need to demonstrate the availability of positive legal outfall for the off site
discharge of stormwater and the hydraulic capability thereof.
Polic . C.1.2.1.: New development within the City shall make all - d- deq
additional
f-site surface water managen 7 stormwater discharges I
cessad improvements to the
ely stc and convey any
:rseT
Objective 4.C.1.3.: The City shall adopt stormwater quality standards consistent with state
water policy established in Florida Administrative Code 62-40.432(1)-(4), South Florida Water
Management District criteria pursuant to ERP Rules, and the City shall achieve the effective
prohibition and maximum extent practicable standards from Section 402(P)(3)(B) of the
Federal Clean Air Act.
Policy 4.C.1.3.1.:
which achieves overall wate- -~ ty standards consistent with applicable, federal, state and regional
rules and regulations. This I include1 pollution prevention measures, treatment or removal
techniques, stormwater monitoring, use of legal authority, and other appropriate means to control the
quality of stormwater discharged from the municipal separate storm sewer system.
City shall I maintain and update the 201 Stormwater Management
Policy 4.C.1.3.2.: The Stormwater Management Program shall include controls necessary to
effectively prohibit the discharge of non-stormwater into municipal separate storm sewers, and
reduce the discharge of pollutants from the municipal separate storm sewer to the maximum extent
practicable.
Policy 4.C.1.3.3.: Water quality standards within surface water management systems shall be
consistent with water quality criteria set forth in SFWMD rules governing the issuance of
Environmental Resource Permits.
POTABLE WAY 5R
PROVI- A SAFE, HEALTH ~DEPENDA-- ~ - TABLE WATER SUPPLY TO ALL RESIDENTS AND BUSINL-AS LA.
THE CITY.
INFRASTRUCTURE 4-5
Objective 4.D.l.l.: The potable water facilities levels of service standards established in this
element shall be maintained throughout the City, until such time as they are revised by the
Seacoast Utility Authority.
Policy 4.D.l.l.l.: The City shall adopt an average annual daily potable water consumption level of
service standard of 191 gallons per City resident per day. This shall serve as the level of service
standard for the urban area. The rural area shall utilize water wells, unless alternative service
provision is approved by the City Council consistent with Policy 9.1.4.2.(a)-(d).
Policy 4.D.1.1.2.: The City shall adopt a peak 24-hour potable water consumption level of service
standard of 258 gallons per City resident per day.
Policy 4.D.1.1.3.: The City shall adopt a minimum potable water treatment plant capacity level of
service standard of 258 gallons per City resident per day.
Policy 4.D.1.1.4.: The City shall adopt a minimum potable water storage capacity level of service
standard of 34.4 gallons per City resident per day.
Policy 4.D.1.1.5.: The City shall adopt a minimum water pressure level of service standard of 20
pounds per square inch.
Policy 4.D.1.1.6.: The City shall not approve development permits which, if approved, would cause
potable water facilities servicing the City to operate at levels below the levels of service standards
established in Policies 4.D. 1.1.1 .- 4.D. 1.1.5. of this element.
Policy 4.D.1.1.7.: The City shall coordinate with Seacoast Utility Authority to adjust potable water
service provision plans and to establish policies preventing urban sprawl, consistent with the Urban
Growth Boundary concept
Objective 4.D.1.2.: In accordance with section 163.3202, F.S., the City, via the Seacoast Utility
Authority, will have a cross-connection control program.
Policy 4.D.1.2.1.: The City, through its membership in the Seacoast Utility Authority (SUA)
consortium, will encourage SUA to continue its aggressive cross-connection program.
Objective 4.D.1.3.: The City, will continue to coordinate-with Seacoast Utility Authority and
the Palm Beach County Department of Environmental Resource Management, in the
identification of future wellfields and the City will modify proposed land uses to protect the
wellfields.
Policy 4.D.1.3.1.: As new wellfields are identified, land uses will be evaluated and, if
incompatibility is determined, compatible land uses or restrictions on activities will be identified in
INFRASTRUCTURE 4-6
future Comprehensive Plan amendments.
Objective 4.D.1.4.: The City will continue to monitor County Health Department reports
regarding the facilities using on-site domestic wells that do not comply with state statutes. The
City will contact the County Health Department and Seacoast Utility Authority on a quarterly
basis to inquire about recently identified failing systems. Identified, the City will assist the
Health Department and Seacoast Utility Authority implement a plan to provide approved
water supplies to these parcels of non-compliance.
Policy 4.D.1.4.1.: The potential for well contamination will be examined as the County Health
Department determines who is using on-site domestic wells that do not comply with state statutes.
Policy 4.D.1.4.2.: The City will encouarge, via its status as a member of the SUA consortium, that
the SUA adopt a policy requiring connection to an approved public water supply within ninety (90)
days of that supply being available.
Objective 4.D.1.5.: The Ci throuph its me- Bod shall establish procedures
to coordinate the extension and increase in the capacity of potable water facilities to meet
future needs.
Policy 4.D.1.5.1.: The City will re uire all submittals for development to obtain a statement of
available capacity from Seacoast xior to site plan approval.
Policy 4.D.1.5.2.: The City will not issue a building permit in the urban area without an executed
agreement for service between the developer and Seacoast Utility Authority, or alternate provider.
Policy 4.D.1.5.3.:
written acceptance of the water facilities by Seacoast Utility Authority, or alternate provider.
The City will not issue a certificate of occupancy in the urban area without
GOAL 4.D.2.: THE CONSERVATION AND PROTECTION OF PUBLIC DRINKING
WATER SUPPLIES.
Objective 4.D.2.1.: The City will continue to encourage new development and redevelopment to
reduce the per capita consum tion of drinkin water and encourage the switch to water
conserving plumbing fixtures 1 in existing 7 structures
through education of the consumer.
Policy 4.D.2.1.1.: The City shall continue to require water conserving plumbing fixtures in new
construction through its land development regulations.
Policy 4.D.2.1.2.: The City shall discourage the use of potable water and encourage reclaimed water
for irrigation in new developments through the review process and will work with the regional utility
INFRASTRUCTURE 4-7
to define methods to discourage potable use for irrigation in existing developments.
Objective 4.D.2.2.: The City, as a member of the SUA consortium, shall encourage the utility
to continue to evaluate the feasibility of implementing various alternative water treatment and
reuse systems.
Policy 4.D.2.2.1.: The City shall continue, in its land development regulations, to require golf
courses to investigate methods to conserve irrigation water and shall establish the use of treated
wastewater effluent as the first priority source of irrigation water for golf courses, if reclaimed water
is available.
Policy 4.D.2.2.2.: The City shall continue to encourage via its membership in the SUA consortium,
the Seacoast Utility Authority to investigate additional sources of potable water and to develop alter-
native treatment systems (including reverse osmosis) where necessary to maintain a potable water
supply sufficient to serve the projected population of the service area of the level of service adopted
by this and other municipal comprehensive plans having jurisdiction in the service area.
AQUIFER RECHARGE
GOAL 4.E.1.: INCREASE GROUNDWATER RECHARGE WHERE PRACTICABLE.
Objective 4.E.l.l Jithin 18 months &i+eqw afie ?m-ova my&&ei+ SFWMD, the City
shall use the recommendations of the Lower East Coast Water Supply Pla to evaluate and
amend the comprehensive plan to address its groundwater recharge policies.
Q
Policy 4.E.l.l.l.: The City shall continue to regulate land use and development activities so as to
minimize impacts on the quality of aquifer resources and wellfield zones, es ecially those activities
which may affect natural recharge areas or surfar- vate- I.R
II
INFRASTRUCTURE 4-8
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
COASTAL MANAGEMENT ELEMENT - EXECUTIVE SUMMARY
Coastal Managem en t Element Overview
The existing Coastal Management Element goal has been divided into two separate goals. The first proposed goal is
to ensure the social, economic and environmental resources of the City’s coastal area are protected, maintained and
enhanced. The second goal is to ensure the protection of human life and capital facilities from disaster, such as
Hurricanes .
The following initiatives are part of the proposed Coastal Management Element:
Protect or enhance the coastal area resources during development. (Objective 5.1. I., Page 5-1, Existing)
Require all development along the tidal ditches to preserve a native vegetation buffer. (Objective 5.1.2.,
Page 5-3, Existing)
Ensure the marine habitat in and the water quality of Little Lake Worth and the Intracoastal Waterway are
protected and enhanced. (Objective 5.1.3., Page 5-4, Existing)
Collect information on all species of special concern in the coastal area and adopt regulations ro provide for
their protection. (Objective 5.1.4., Page 5-4, Existing)
Provide the protection, preservation, and reuse of public and private historic resources (Objective 5.1.5.,
Page 5-5, Existing)
Implement the Marina Siting plan for Palm Beach County. (Objective 5.1.6., Page 5-5, Existing)
Ensure that building and development activities are carried out in a manner that minimizes the danger to
life and property from hurricanes and floods. (Objective 5.2.1., Page 5-6, Existing)
Provide for public safety during emergency evacuation. (Objective 5.2.2., Page 5-7, Existing)
Establish post-disaster procedures for immediate and long term response. (Objective 5.2.3., Page 5-8,
Existing)
Apply level of service standards to the traffic circulation and infrastructure facilities of the coastal zone
whenever development orders or permits are requested. (Objective 5.2.4., Page 5-9, Existing)
The following studies or actions are recommended by staf$
COASTAL MANAGEMENT ELEMENT
Goals, Obiectives and Policies
GOAL 5.1.: ENSURE THE SOCIAL, ECONOMIC, AND ENVIRONMENTAL
RESOURCES OF THE PALM BEACH GARDENS COASTAL AREA ARE
TECTEa MAINTAINED AND ENHANCED THROUGH THE REGULATION OF
DEVELOPMENT :TIVITIES THAT W( DAMA ESTROk iUCH
-ESOURCES-~ TU-
Objective 5.1.1.: l-hintain land development
regulations which regulate develo ment in the coastal area in a manner which preserves,
1 c 1-
'otects, or enhances the ___,.,.E coastal area resources -9
J Lx .U.
343 1
Policy 5.1.1.1.: The City will continue to maintain land development regulations which shall
limit erosion control measures to those that do not interfere with normal littoral processes or
coastal natural resources.
Policy 5.1.1.2.: The City shall maintain, within its land development regulations, requirements to
ensure that landscaping in the coastal area requiring site plan review shall consist of a minimum
of 90% native vegetation.
Policy 5.1.1.3.: The vegetation removal permit issued to a new developmer
a coastal area shall require that, during construction, all new development- redevelopment
within the coastal area shall remove all nuisance and exotic vegetation, including, Australian
pine, Brazilian pepper, and Melaleuca fkom the site.
I r redevelc
Policy 5.1.1.4.: In an effort to minimize the impact of development activities on the estuarine
water quality and productivity, the City's land development regulations shall be maintained to
include specific provisions controlling the building setback from the shoreline and requiring that
a native vegetation buffer be preserved or established along the shoreline and access to a water
body be provided in such a way as to minimize the impact on the shoreline vegetation and the
littoral zone.
Policy 5.1.1.5.: The follc 'ng criteria shall continue to be applied to all proposed marinas
during the preparation of I marina siting plans:
a. Preference shall be given to sites which have been legally disturbed or identified as
COASTAL MANAGEMENT 5- 1
b.
C.
d.
e.
f.
g-
h.
i.
j.
k.
1.
_-
suitable in cllv L,v,marina !&iLl6
Aquatic Preserves, Outstanding Florida Waters and Critical Manatee Habitat.
1 RevinnRl Plmninu C
Non-water dependent uses (such as bait and tackle, restaurants, etc.) shall be situated on
uplands.
Marina sites shall be located in areas where upland support services are available and
where there is sufficient upland area to accommodate all needed utilities and marina
support facilities, including parking. I
Docking facilities shall be approved only if minimal or no dredging and/or filling is
required to provide access by canal, channel, or road.
Marina basins shall be approved only when the locations have adequate depths to
accommodate the proposed boat use.
Dock and decking design and construction shall ensure light penetration sufficient to
support existing shallow water habitats.
I
In the event marina fueling facilities are developed, adequate and effective measures shall
be taken to prevent contamination of area waters from spillage or storage tank leakage.
Prior to operation of marina fueling facilities, the developer shall concurrently submit to
the city a copy of the application for a terminal facility and the applicable portion of the
DNR "Florida Coastal Pollutant Spill Contingei "'an." The 'an shall describe the
methods of fuel storage, personnel training, !~:C;UIICL~ZI v C;UIIL~IIUIICIIL usa methods to be
used to dispense fuel, and all the procedures, methods, materials, emergency
response contractors to be used in the event of a spill. The plan shall be approved by the
city Fire Chief prior to final development approval
Marina areas shall be compatible with the Future Land Use Map and applicable land
developments regulations in terms of the types and intensities of uses that are permitted.
..
i
Landscape buffers and setbacks shall be included to mitigate impacts upon adjacent land
uses. I
Marinas shall prepare hurricane plans which describe measures to be taken to minimize
damage to marina sites, neighboring properties, and the environment.
COASTAL MANAGEMENT 5-2
This hurricane plan shall be reviewed and approved by the
m.
n.
Marinas shall identify which docking facilities are to be rented and which are to be sold.
Areas available to the public shall be identified and maintained as such.
All applications for marinas shall include a market study indicating the need, market area,
and user profile of the marina and which shall include projected costs and revenues
proving the economic feasibility of the marina.
I
0. Dry slip use shall be maximized in order to minimize impacts on water quality and
minimize the areas extent of disturbance of the estuary.
New marina facilities shall be designed to maximize the water quality benefits of existing
water circulation and shall not adversely affect existing circulation patterns.
Improvement of circulation shall be a preferred consideration when expanding or
upgrading existing facilities. I I
All new and expanded marinas shall provide a dkmonstration of compliance with State
Water Quality Standards by maintaining a water quality monitoring program approved by
the Florida Department of Environmental Regulation (FDER).
Policy 5.1.1.6.: Coastal wetlands shall be protected through regulations that require:
a. Site plans for new development to identify the location and extent of wetlands
located on the property;
Site plans to provide measures to assure that normal flows and quality of water will
be provided to maintain wetlands after development; and
I
b.
c. Alteration of wetlands to be mitigated for by restoring the disturbed wetlands or by
creating additional wetlands within the coastal area in compliance with the Federal,
State and South Florida Water Management District (SFWMD) regulations.
I
Objective 5.1.2.:
development along the tidal ditches to preserve a native vegetation buffer.
aintain land development regulations which require all
Policy 5.1.2.1.: The land developme:
preservation of the tidal dit6 I
ions shall continue to maintain provisions for the I vegetation.
Policy 5.1.2.2.: Drainage systems associated with new development shall not
cause a significant fluctuation in water quality or quantity in the tidal ditches so as to create a
marked change in either the flora or fauna of the tidal ditch area.
COASTAL MANAGEMENT 5-3
Policy 5.1.2.3,
Master Drainage Plan
their respective basins. The plan e disturbed natural drainage systems which
can be restored to the extent economically feasible. For such disturbed drainage systems, the
tv shall utilize the plan M in ' order t 4 recommend remedial actions. I
Objective 5.1.3.: H-mdaintain land development regulations which ensure
that the marine habitat in ana the water quality of Little Lake Worth md the Intracoastal
Waterway including the associated estuarine systems, are I enhanced.
Policy 5.1.3.1.: Drainage regulations shall ensure best management practices are used to prevent
surface run-off from degrading the water quality of Little Lake Worth or the Intracoastal
Waterway (ICWW).
Pc '0 5.1.3.2 ' irough the land development regulations, the City shall
marinas and docking facilities located in the City to maintain and s
ge continj cy pla 1
:quire
nit to -
Policy 5.1.3.3.: The City shall continue to propose to the State that rip- rap or other similar
measures be used in the ICWW to increase the marine habitat. Additionally, the City shall
support the Palm Beach County Department of Environmental Resources Management in its
habitat protection program in all applicable areas, including the Intracoastal Waterway.
Policy 5.1.3.4.: In order to reduce non-point source pollutant loading's and improve the
functioning of the City's drainage system, the City shall continue to enforce regulations to
prohibit dumping of debris of any kind, including yard clippings and trimmings, into
drainage ditches, stormwater control structures, the ICWW and Little Lake Worth.
Policy 5.1.3.5.: The City staff shall review on an ongoing basis, and coordinate with, the
policies and programs proposed by other local governments for the protection of estuaries that
are within the jurisdiction of the City and such local governments. The coordination shall be
conducted on an informal basis to ensure adequate sites for water-dependent uses, prevent
estuarine pollution, control surface water runoff, protect living marine resources, reduce
exposure to natural hazards, and ensure public access.
-- .. Objective 5.1.4.: ontinue to collect
information on all species of special concern that either inhabit ransit the cc :a1
area and ado-,t specific regulations to provide for their protection I with
Policy 5.1.4.1.: The City shall continue to compile an inventory all known nesting sites,
COASTAL MANAGEMENT 5-4
, .:
feeding areas, breeding grounds and areas of transit for species of special concern.
Policy 5.1.4.2.: The City shall maintain land development regulations to provide for the
maximum protection of all species of special concern identified in the coastal area and their
habitats.
Policy 5.1.4.3.: The City shall assist Palm Beach County to ensure that all known manatee areas
are adequately posted with manatee warning signs. If the problem of boat speeding persists in
---ite of the warning signs, the City shall encourage regulatory agencies to
speed in the known manatee areas.
1
The following corresponding policies are proposed to be relocated to the Future Land Use
Element
Objective 5.1.5.: The City shall maintain land development regulations which
the protection, preservation, and rt e 01 iblic and private historic resources .. . for in thl
Objective 5.1.6..: Maintain and imdement the Marina Siting Plan for Palm Beach County,
prepared by the Treasure Coast Regional Planning. Council.,
COASTAL MANAGEMENT 5-5
dicv 5.1.6.1: I1 site pla ill 1 reviewed determint ite is loci
simated as 1 . medium or high probability of impact to n iatees as defined
tinn ~1an.l
v es shall be consistent with the nuidelina
:thodologies, procedur ~KJ lfi 'n the Marina Siting P1
rolicv D.I.u.L.;
ENSURI PROTECT10 HUMAN ____ AND _______ 1 [LITIES FROM 'I iTRWCTIVE E - - _ - OF HURRICANES AND OTHE
NA~L DISASTERS.~
Objective yntinue to maintain land development regulations
which ensure that buuaing and development activities are carried out in a manner which
minimizes the danger to life and property from hurricanes and floods.
icane evacuation zones. as
LOSHl modc
u **A A **.
eared hv
.-
: The Citv's Hum 'cane Vulnerability Zone (HVZ) shall be identified as Categor)
rricane evacuation zones, as located by the SLOSH mod(
Policy I '!'he land development regulations shall continue to require that new
and replacement sanitary sewer facilities in flood zones are flood-proofed to prevent inflow
and insure that raw sewage does not leak from sanitary sewer facilities during flood events.
I
.. nal Flood Insura-n uni ty Ra' trna System. I -t.ratj on
iIdinn and rebuilding construction techniques consistent with the EederaI Emergen
mxnent Anencv F [A) rei - ns
Zones -
Policy
use types and intensities within the
The land developmer' *egulations shall continue to maintain that land I are consistent with:
a. The Future Land Use Element and Map;
COASTAL MANAGEMENT 5-6
b. Vested development rights;
c. The hazard mitigation annex of the 1995 Comprehensive Emergency Management Plan
pdated in 20( md the Treasure Coast Hurricane Evacuation Study;
d. Those which maintain a hurricane evacuation time as established in the Palm Beach
County 1995 Comprehensive Emergency Management Plan, bpdam
e. The goals, objectives and policies of this element and the Conservation Element of this
Comprehensive Plan concerning the protection and preservation of natural resources.
Policy The City's Public Works Department shall continue its program to
regularly provide trimming and pruning of City street trees and trees on City property as a pre-
hurricane precaution to windthrown hazards.
Policy
:ane evacuation time as estabhhed in the Pah Beach Cwtv Comnrehensive Emeri
Management P1 an,
The City shall coordinate with the county to determine the most I efficient evacuation routes and shelter space.
Thi --
ueveiupmenis in -
densities in the future an
above Objective.
ity shall maintain densities in the existing residential
as approved 'n the development plans. Residential
I shall be established consistent with the rn
licy 5.2.2.4.: Emergeng zmergenc ianagement f
lated annually to reflect changes in
pulation size and distribution. location of hi&-risk po~ulations. adeauacv of transwrtation
Stems and emergency shelters (includinrr ~ublic schoolsl Iocated outside of the coastal gh
'canes, floods. and other emergencies should be
and the latest scientific findings affecting emergency management.'
Director regarding who should evacuate, how to evacuate, the location of emergencv sheltc
for the Dormlation in a hurricane.
(including Dublic schools) outside nf the rnndal hiuh hn7ard arm and what cwvirpc are airailat.
COASTAL MANAGEMENT 5-7
nergencv Management Division and the School District of PaIm Beat_- 3ounty [rc--rdinE pl th
e of Dublic schools outside ofthe coastal hi& hazard area as emergency shelters) to identi _.
iblic schools located within its boundaries which could senre as emergencv shelters and to
sure safe evacuation of those people who me at risk during hurricanes. All emergency shelter
simations and evacuation routes are coordinated bv the Amepican Red Cross and Palm Beach
Iunty Emergency Manageme
y >.L.L.~.; I ne Liw snarl amom a tfmcane ana uisaster YreDaredneSS P earn to inch
L11G dtv Manager. dmartment directors. and other staff members as identified by tRe deparfmea
whose directors sit on the Hurricane and Disaster PretFaredness Team. At minimum. the Tea
shall conduct a meetinp at the start of hurricane season to review and update the disasl
prmaredness mocedures and Post-disaster urocedure dans to remain current. The Team sh,
also establish a traocedure to disseminate information to staff and residents in the event of
disaster. AB1 disaster mwaredness dam shall be coordinated with Palm Beach Count\
nergencv Management Cente
c -- - I .- *. Objecth %ktk 1.2.3.: ’ ’
Estabiisn postsures-on
ludinr cleanup and redevelopment, to a hurricane event, natural disasters and ot
Policy After a hurricane, a special meeting of the City Council shall be
convened to hear preliminary damage assessments, appoint a Recovery Task Force, decide if a
temporary moratorium is necessary on building activities to protect public health, safety, and
welfare.
I
Policy B-4 The City shall name a RecoLery Task Force to include the City
Manager, department directors, and other members as directed by the City Council. Staff shall
be provided by the departments whose directors sit on the Task Force. The Task Force shall be
disbanded after implementing its responsibility.
Policy The Recovery Task Force shall have the following
responsil .-: revi- lecide upon emergency building permits; coordinate with state
and federal officials to prepare disaster assistance applications; analyze and recommend to the
City Council hazard mitigation options including reconstruction or relocation of damaged
public facilities; develop a redevelopment plan; and recommend amendments to the
Comprehensive Plan, City Emergency Management Plan, and other appropriate policies and
procedures.
I
1
Policy The City shall pursue the following post- emergency activities:
immediate repairs to potable water, wastewater, and power facilities; removal of
debris; stabilization or removal of structures about to collapse; and minimal repairs to make
COASTAL MANAGEMENT 5-8
-1 . .L " ,a:
',I 1
dwellings habitable. These actions shall receive first priority in permitting decisions r-
Polic! il&% 3.5. 'he City shall continue to maintain land development regulations to
require structures which suffer damage in excess of fifty percent of their appraised value, to
meet all current requirements including those enacted since construction of the structure.
Policy The City shall continue to require structures which suffer repeated
damage to pilings, foundations, or loadbearing walls to rebuild landward of their current
location or modify the structure to delete the areas most prone to damage.
' I im
Policy , The Recovery Task Force shall review all interagency hazard
mitigation reports as they are produced and make recommendations for amendments to the
Comprehensive Plan accordingly. I I
ilicv 5.2.3.8.: The City shall work closelv with Palm Beach County and adjacent municbaliti
irchase or otherwise acaulre the ri&t to use a moDertv of 5 to 10 acres by 2012 for the dt
ncti open space and a debris removal site in close proximity (five miles or less) to t
1
I The following objective and corresponding policy is relocated to Goal 1 of this Element
Objective 1 The level of service standards adopted for the entire City in the
Capital Improvements Element and other elements of this Comprehensive Plan shall
continue to be applied to the traffic circulation and infrastructure facilities of the coastal
area whenever development orders or permits are requested. The service area and phasing
of such facilities shall be consistent with the goals, objectives, and policies of this and all
other elements of this Comprehensive Plan.
Policy - .2.L 'he City shall apply the level of service standards adopted
elsewher this Comprehensive Plan for facilities in the coastal area and the additional
standards under this objective whenever development orders or permits are requested.
I
I
COASTAL MANAGEMENT 5-9
> .:
.I " ... ,- * ,
9.. , ' , ,
Policy I As part of the development approval process, the City shall require
developments which mld cause public facilities to operate below their adopted levels of
service standards to provide for, either in the provision of fees or infrastructure
constructed to City standards, the facilities necessary to maintain the adopted levels of
service standards concurrent with the impacts of the development. I 5.2.4.31 The n' shall encourage the location of public infrastructure away
areal, and shall limit the amount of public expenditures in I high hazard
Policy I-
from the
I
this area.
COASTAL MANAGEMENT 5-10
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
CONSERVATION ELEMENT - EXECUTIVE SUMMARY
Conservation Element Overview
The existing goal of the Conservation Element has been divided into two goals. The first proposed goal is to
preserve, manage or restore natural resources in the city to ensure their sustainability and quality. The second
proposed goal is to encourage a sustainable city through actions that reduce greenhouse gas emissions and other
pollutants and reduce the use of non-renewable resources. The proposed second goal focuses on green principles,
while the first is focused on preservation and conservation of existing natural resources.
'
The following initiatives are part of the proposed Conservation Element:
Maintain development regulations to manage surface and sub-surface water resources. (Objective 6. I. I.,
Page 6-2, Existing)
Monitor and enforce provisions for regulating water use. (Objective 6.1.2., Page 6-3, Existing)
Maintain land development regulations to ensure the control of soil erosion (Objective 6.1.3., Page 6-4,
Existing)
Maintain land development regulations to ensure that all ecological communities, wildlife, and marine life,
especially endangered and rare species are identified, managed and protected. (Objective 6. I. 4., Page 6-4,
Existing)
Maintain a hazardous waste management program for the proper storage, recycling, collection and disposal
of hazardous wastes. (Objective 6.1.5., Page 6-8, Existing) I
Maintain land development regulations to ensure the provision of conservation measures on newly annexed
land or newly acquired for the purpose of conservation in accordance with the goals, objective and policies
of the Comprehensive Plan. (Objective 6.1.6., Page 6-8, Existing)
Implement the plan for all or a part of the Parkway System prior to the issuance of any development orders
for that area included in the Conceptual Linkage Plan. (Objective 6. I. 7., Page 6-9, Existing)
Maintain land development regulations which ensure the protection and preservation of native habitats, and
maximize the provision of open space for this purpose. (Objective 6. 1.8., Page 6-10, Existing)
Meet or exceed the minimum air quality levels established by Department of Environmental Protection
(DEP). (Objective 6.2. I., Page 6-13, Existing)
Increase education of sustainable building practices and use of environmentally sustainable products within
the City. (Objective 6.2.2., Page 6-14, Proposed) I
CONSERVATION ELEMENT
Definitions:
I LISTED SPECIES - Those species designated as endangered, threatened, or of special concern
PROTECTED - Refers to official federal, state, or internationally treaty lists which provide legal
protection for rare and endangered species 1
THREATENED SPECIES - Species that are likely to become endangered in the state within the
foreseeable future if current trends continue. This category includes: (1) species in which most or
all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2)
species whose populations have already been heavily depleted by deleterious conditions and
which, while not actually endangered, are nevertheless in a critical state; and (3) species which
may still be relatively abundant but are being subjected to serious adverse pressures throughout
their range. t
ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) and
nonliving components (soils, water, air, etc.) that function as a dynamic whole through organized
energy flows.
ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as
listed species) - Plant and animal species listed as endangered, threatened, or of special concern
by one or more of the following agencies:
1. U.S. Fish and Wildlife Service
2. Florida Game and Fresh Water Fish Commission
3. Florida Committee on Rare and Endangered Plants and Animals
4. Florida Department of Agriculture
5. Treasure Coast Regional Planning Council
Goals, Obiectives and Policies
GOAL 6.1.:
Objective 6.1.1. and corresponding policies have been relocated to the proposed Goal 6.2
CONSERVATION 6- 1
I
i
pWley-6- 7
I
Objective = - 1- m IE aintain development regulations to
manage surfacG dnd sub-surface water resources ill ;d manner which ensures their viability
as natural habitats and utility for recreational and potable water uses. Furthermore, the
regulations shall protect the quality and quantity of waters that flow into
estuarine waters in the City.
Polic:
management practices are required.
"
1
I 1.1.1.: The City shall continue to maintain drainage regulations to ensure best
Policy
ensure mat:
1 The City shall continue to maintain land development regulations to
1
a. Site plans for new development identify the location and extent of wetlands located on
the property;
Site plans provide measures to assure that normal flows and quality of water will be
provided to maintain wetlands after development;
Where alteration of wetlands is necessary in order to allow reasonable use of property,
either the restoration of disturbed wetlands will be provided or additional wetlands will
be created to mitigate any wetland destruction;
I
1
b.
c.
Land Iteration or development within the I d.
!
Loxahatchee Slough restoration
CONSERVATION I
!
6-2 ~
I
vithin the Loxahatchee watershed are consistent with
ISFWMDl policies for water quality and
quantity and SFWMD plans for modifying the hydroperiod and water levels in the area;
e. Proposed developments comply with the Wellfield Protection Program adopted by the
county; and
f. Site plans identify floodplain areas and incorporate appropriate flood mitigating measures
that comply with regulations promulgated by the Federal Emergency Management
Agency Flood Insurance Program. I
Policy
Gth tho
I. 11 proposed wetlands develor
ll anmen dDEPI, SFWMD,
,-,RPC), and the U.S. Army Corps of Engineers to ensure
I compliance with dredge and fill permitting processes.
Policy /;13A. 6.1 Through the continued implementation of land development
regulations, the City shall ensure that new developments land redevelor>meni ___ .. . are designed in
such a manner as to minimize the impact of such developments on the uality of surface and
ground water resources, and to further ensure that new developments redevelo me do not
exceed the capacity levels for potable water and/or sanitary sewer services.
Policy
the tidal ditches along RCA Boulevard to prevent salt water intrusion into the shallow aquifer.
The City shall continue to encourage the placement of a salinity dam in
Policy , The City shall continue to maintain land development regulations to
ensure such regulations are consistent with and implement the county Wellfield Protection
Program.
Policy Fi bm By implementing the provisions of the county Wellfield Protection
Ordinance, the City shall continue to ensure that no new uses are established within the zones of
influence of existing or proposed wellfields that could adversely affect the quality of water
resources in the water recharge area. The City shall also ensure that new potable water wells and
wellfields are located in areas where no regulated materials (e.g. hazardous or toxic materials)
are used, handled, stored or produced within the projected zones of influence of such wells or
well fields. I
cooperate with the SFWMD and Palm Beach County in
the Loxahatchee Slough and managing the Loxahatchee
Slough Sanctuary. The City, in conjunction with the SFWMD and Palm Beach County, shall
review any development adjacent to the Sanctuary for possible adverse impact on the Sanctuary
during the development approval process.
Objective
CONSERVATION 6-3
anitor and enforce provisions for monitoring and
reb--ating water use ,,r to prolong freshwater availability pursuant to land
development regulations, ___ -0niunction with Seacoast Util~
~tv Imw-ovement District (NPBCIDL and the SFWMD.
Policy 1.1.2.14 The City shall provide technical assistance to and cooperate with the
SFWMD in preparing and adopting an emergency water management conservation plan.
Policy Ill??. 1 The City shall continue to maintiin land development regulations which
require water conservation strategies which are consistent with programs promulgated by the
Seacoast Utility Authority, NPBCID, and SFWMD, and other viable programs such as:
a. Wastewater reuse for irrigation if economically feasible;
b. Separate metering for irrigation with potable water;
c. A reduction in use of potable water for irrigation; and
d. A more efficient operation of irrigation systems including the incorporation of such
devices as soil water tensiometers and xeric landscaping where appropriate.
The City shall cooperate with the SFWMD in developing and
implementiilg programs for the further education of the public regarding various methods of
water conservation at the household and small business level.
Objectiveb6.1. ,
to ensure the control of soil erosion.
intain land development regulations
I Polic: I .3.1.: The City shall continue to maintain land development regulatioi .. h County Soil and Water Conservation District
I on development activities and land clearing.
Policy &l+&k
incorporated area of the City.
All commercial mining practices shall be prohibited throughout the
I
Objective ,4.: 8 flaintain land development regulations
to ensure that all ecological communities, wildlife, and marine life, especially endangered
and rare species, are identified, managed, and protected.
The City's land development regulations will continue to ensure that:
a. All endangereu and threatened plant, animal and marine populations are protected;
b. Habitat of critical value to regional populations of endangered and threatened species is
CONSERVATION 6-4
preserved;
-.
,.
c. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed
by the developer at the time of development or redevelopment of a site; and
d. Removal of native vegetation is minimized in the land development process; and, where
it is economically feasible, removed material is relocated on site. l e Environmental Assessments are provided for any land development/alteration proposal or
properties containing environmentally sensitive lands.
Policy I Development orders and permits for development and redevelopment
activities shall be issued only if the protection and conservation of wildlife, marine life and
natural systems are ensured consistent with the goals, objectives, and policies of this
Comprehensive Plan. I
I Policies 6.1.5.3.(a) and (b) have been relocated to Objective 6.1.6. I -
J --------
E=-
& I
Policy I The City shall maintain land development regulations containing
specific standards-and guidelines for the protection of environmentally sensitive lands containing
one or more of the following:
I
l
lative habitats designated as environmentally simificant if they are activelv used 1
kelv to sumrt or contain U.S.- listed endangered, or threatened SF--'-- --I/---
dprl enAanaPnPA nr +hreat.pnd cIneAec nr cnnAno nf c-ecipl ,,,,-.I -
b.
c.
A rare and unique upland community such as coastal scrub;
Functioning and jurisdictional wetlands and deepwater habitats;
I
6-5 CONSERVATION
d.
e.
f.
g.
h.
1.
j.
k.
1.
m.
n.
0.
P.
9.
r.
I
Any part of the Loxahatchee Slough Sanctuary;
Sites of historical or archaeological significance;
Xeric hammock or xeric scrub;
Tropical hammock;
Low hammock, temperate hammock, or mesic hammock;
Mixed hardwood swamp or hydric hammock;
Pond apple slough;
Cypress swamp;
Freshwater marsh;
Mangrove swamp;
Oak forest;
Pine flatwoods, mesic and hydric:
Scrubby flatwoods;
Coastal dune and strand;
Wet prairid
.."I-
Policy -1 w4.41 The City shall require that an environmental assessment be prepared
prior to alteration of the land consistent with the provisions of the Natural Resources and
Environmentally Significant Lands section of the land development regulations.
Policy - I To ensure protection of environmentally sensitive areas and listed
species, the City sllull llnplement the following criteria either in combination or singly for any
proposed alteration of lands designated as environmentally significant pursuant Comprehensive
Plan policy w: I , 1
1. The project design provides for the protection and preservation of valuable or
CONSERVATION 6-6
. .... ' ' ' -.
I.. . ,. - ... . .-.-,. .,>.., - . . ,... ,
unique existing natural resources, listed species and environmentally significant lands on
site;
If no listed species have been determined to exist on the site or on-site preservation
would yield a preserve area that is less than the preferred minimum of ten acres or
unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to
the City Council is implemented;
The City shall continue to require, through Land Development Regulations, that all
development with significant environmental impacts, including agricultural development,
set aside as preserve areas a minimum of 25 percent of the total upland native plant
communities on site. The 25 percent set-aside shall be based on the quality and viability
of the vegetative ecosystem. The city shall have the option to designate the portion of the
plant community which will be included in the 25 percent set-aside. Such set-aside
habitat shall be preserved and managed in viable condition with existing canopy,
understory, and ground cover.
The city shall, for development occurring east of the Urban Growth Boundary, have the
option of accepting off-site preservation or a cash payment in lieu of preservation and
shall accumulate such payments from development for the purchase and management of
off-site upland native plant communities. The Land Development Regulations shall
establish criteria for assessing the cash payment amount and for determining which
projects warrant the use of the cash payment option. A property owner of a platted upland
preserve shall not be allowed to use the off-site preservation or the cash payment option
to modify the preserve area.
Wetland habitats are set-aside as preserves, and development is prohibited in wetlands
except under the following circumstances consistent with Treasure Coast Regional
Planning Council Policy 6.6.1.1 :
1) Such an activity is necessary to prevent or eliminate a public hazard;
2.
I 3.
I
I
4a.
I
n, Such an activity would provide direct p ' 'ic t ' :fit which w( ' 1 exceed those lost I
as a result of habitat all -i-;
3) Such an activity is proposed for habitats in which the functions and values currently
provided are significantly less than those typically associated with such habitats and
cannot be reasonably restored; I I
I an activitvm-u e to the unique geometry of the site,
+the unavoidable consequence of development for uses which are minima1 impa I appropriate given site characteristics, or;
4b. Wetlands shall be protected by a density transfer program to upland areas. Where
development occurs within wetlands, the developer must mitigate the function and value
of those wetlands. Development activities shall occur at a density of no more than one
CONSERVATION 6-7
dwelling unit per five acres in the urban area and one dwelling unit per twenty acres in
the rural area, shall be clustered to the least environmentally sensitive portion of the site
and shall include design considerations to protect the wetland functions of the rest of the
site. Consistent with SFWMD regulations, a minimum 15-fOOt upland buffer composed
of native vegetation shall be preserved or established around wetland areas.
5. For a site on which listed which listed species are known or suspected to be present, one
of the following criteria shall be satisfied: 1
1. It shall be successfully demonstrated that the proposed land alteratiorddevelopment
activity will not preclude the continued survival and viability of those listed species
located on site; or
2. A plan for relocation, either on-site or off-site, for those listed species, shall be
approved by all appropriate agencies.
I
I Polic: . .4 . Public/Institutional buildings *---
'. land c design '. ronmentally sen ser '
lands
wetlands, 1 OO-year floodpalns, groundwater aquifer recharge areas, areas set aside by
GII LIK buiiui or ra~iiiiy is reiareu to me conservarion use, including
development to meet the 25 percent preservation of native ecological communities and wildlife
habitats.
*
a hazardous waste management program for the proper storage, recy clia
collection and disposal of hazardous wastes, BCOI nction wi the Solid Waste Author' w
Policy - I The City shall work closely with and seek technical assistance from the
DEP and SWA in ic,-,tifying small quantity hazardous waste generators in the City and in
developing the program for the proper disposal of such haizardous waste.
Policy 6&6& 11.5.2.1 The City shall cooperate with the SWA in sponsoring Amnesty Days to
collect household hazardous waste for proper disposal.
Objective1 0.: -aintain land development regulations
and developm easures on newly
annexed lands in accordance with
the goals, objectives, and policies of this Comprehensive Plan.
Policy B44Lh 1.6.1.: The City shall review the master development plans of all subdivisions
approved by the county but later annexed by the City for the provision of conservation/
preservation areas as required by the original development order.
CONSERVATION 6-8
Policy Where development orders granted by another governmental agency are
silent, the comprehen,, .e plan, land development regulations, and policies of the City of Palm
Beach Gardens shall apply. I
licv 6.1.6.3.: The City shall continue to cooperate with the SFWMD and Palm Beachmuni
ough the exchange of technical information and informal coordination, in order to make
certed effort to protect and conserve unique vegetative communities that exist in areas such
the Loxahatchee Slough, Sandhill Crane and Hungrvland Slough and which fall under
ltiple local iurisdictions. Further, the City shall assist in the Loxahatchee Slough, Sandhill
ne and Hunwvland Slough ecosites’ protection by designating complete ecosites with ’ md use and a consistent zoning district, and assisting with management activitie,
Frenchman’s Forest ecosite. This cooperation shall include desimating the ecosite uu
Conservation land use. entering. into an interlocal agreement to assume operational and public
safety activities. assisting in environmental education proaams. and locating. a city-operated
ture center on the property. Furthermore. the Cltv will desimate the eeosite with a consiste
ning district.1
pOlicv 6.1.6.5.: After the acauisition of new lands bv agencies intended to conserve ecosites. t
shall coordinate with Palm Beach County and o*% apdicable outside apencies in order I.
. .* tain a Manapement Plan for the ecosite. and des ” the appropriate propertie
0 bj ectiv
to the is$ ...____ __ ____ __ Aopment orders for that arc- -ncluded in the Coi_-;ptual Linkage
Plan presented - ._ in the Future Land Use Element of this Comprehensive Plan1 +kphm-#
1 Policy -1 w1.7.1.1 The City shall continue to maintain land development regulations to
ensure the implementation and design of the Parkway System.
Policy - - The parkways shall be designed, developed and maintained to serve a
multitude of functions including:
a. Preservation of significant native ecological communities in greenways along the City’s
major corridors;
Separate bicycle and pedestrian circulation through and between land uses within and
adjacent to the areas included within the Conceptual Linkage Plan presented in the Future
Land Use Element of this Comprehensive Plan;
b.
I
c. Mitigation areas for natural areas disturbed elsewhere within the area included within the
CONSERVATION 6-9 1
d.
e.
f.
g.
h.
1.
' p .' ',..,F,? .,. . ,
' 4,.. . ., .,.- ,.
Conceptual Linkage Plan presented in the Future Land Use Element of this
Comprehensive Plan, where applicable;
The buffering of adjacent roadways, land uses and developments, where applicable; and
1
The provision of public access to the restored Loxahatchee Slough, where applicable.
Preserve urban beauty through right of way landscaping requirements;
Provide residents with a safe and multi-use pathway system which is recognized as an
urban component of the Florida Greenways System;
1
Eliminate a perceived need for using strip commercial as a buffer between arterials and
residential areas; and
The phasing of the establishment of the parkways shall, at a minimum, be relative to the
phasing of development in the area included within the Conceptual Linkage Plan
presented in the Future Land Use Element of this Comprehensive Plan. 1 I Objective - laintain land development regulations which, in
conjunction with the efforts of other regulatory agencies having jurisdiction, -ensure
the protection and preservation of native habitats, and maximize the provision of open
space for this purpose. 1
Policy . The City shall maintain open space requirements in the land
development regulatiox ..rith specific reference to co servation and preservation land area
requirements.
Policy I&%&- 6.1.8.- The City shall endeavor to "collect and concentrate'' open space
conservation areas to amass significantly large land areas that will be left in their natural settings
for public dedication and use through land development regulations.
n
Policy p.7.z.a = Through the site plan and subdivision review process, the City shall
endeavor to connect open space and conservatiodpreservation areas with the Parkway System
wherever possible. 1
Policy 6.2.3.4.: 6.1.8.4.: The City shall require all developers to identify all
conservatiodpreservation areas and submit all appropriate information to regulatory agencies.
Policy
required preserve areas for environmentally significant lands.
1 CL.8.5.1 The City shall maintain the following minimum requirements to all
(1) Lands to be set aside in preserve areas shall be:
CONSERVATION 6-10
,j& . .*$@.:&; , I '.,
a. Identified based on the quality of habitats, the presence of listed species,
proximity to other natural areas and other relevant factors.
I 1
b. Preserved in viable condition, with intact canopy, understory, and ground cover,
md maintained without inhngement by drainage or utility easements dess tl
:asements serve to benefit the preserve or facilities thereupon, or benefit t
h-ainaae of the development the preserve is located] -
c. Platted as separate parcels of lan
d. ,+ble of functioning within itself or in conjunction with
1 manmade features.
Clearly defined, protected and managed in such a way that it serves a purpose to
the communities around it.
Contiguous, wherever possible, to an adjacent preserve, public park, school site,
or human-made open space or combination thereof.
e.
f.
g. Maintained as large open or green areas with the intent of preserving large areas
to promote self-sustaining, balanced plant growth, biodiversity, and wildlife
enhancement and shall be connected with other preserve areas to conceptually
function as wildlife corridors.
One-hundred-percent protected from alteration during site construction.
Compact in nature, avoiding strip or noncontiguous patterns and arranged in a
continuous fashion where possible. The use of preservation areas as long, narrow
buffers is discouraged.
I
I
I
h.
1.
j. Protecting and preserving of all endangered and threatened plant, animal and
marine populations and the habitat of critical value to regional populations of
endangered and threatened species.
Consistent with South Florida Water Management District regulations, such that a
minimum 15-foot upland buffer composed of native vegetation shall be preserved
or established around wetland areas landward fiom the edge of the wetland in all
places and shall average 25 feet of width from the landward edge of the wetland.
I k.
Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine
and Melaleuca), except as otherwise authorized by the city, by the developer at
the time of development or redevelopment of a site.
Lands that are set aside in a preserve status may be included in open space calculations for
purposes of meeting open space requirements of the city's planned community district or planned
CONSERVATION 6-1 1
unit development ordinances if the canopy, understory, and ground cover vegetation are left
intact. However, such preserved lands shall not make up more than 50 percent of the total
required open space, unless it is determined by the city council that a greater portion of the
required open space should consist of preserved area ecause of special site constraints or
preservation opportunities.
(2) Alteration within the preserve shall require City approval, and shall be limited to:
1. The construction of boardwalks, pervious walkways, and other passive
recreational or educational facilities.
2. The construction of firebreaks, fire lanes, or fence lines and the removal of
invasive nonnative species and their replacement with native species. The
use of native plant communities, existing roads and trails, etc., as
firebreaks is preferred to the construction of new access roads or fire
lanes, which would result in the introduction and spread of invasive
nonnative - plant species. ioconversion of woody biomass, removal
derbrush and overmowth. or thinning of dead. dying or diseased nati
mt communities is encouraged for hazardous fuel reductic
3. Primary public/institutional buildings shall be prohibited in the
conservation land use designation and within other environmentally
sensitive lands, including wetlands, 1 00-year floodplains, groundwater
aquifer recharge areas, areas set aside by the development to meet the 25-
percent preservation of native ecological communities and wildlife
habitats, unless otherwise approved by the city council.
Polic!
a management plan for all preservation areas and/or conservation lands.
Inrr. 1.8.6.: The City shall maintain the following minimum requirements to require
a) A management plan of the preserve area and/or any other conservation areas within the
city shall include but not be limited to long-term protection of the preserve/conservation area,
continued removal of and protection from litter and debris, avoidance of activities or land
alteration which may disturb the preserve area, eradication and continued monitoring and
removal of invasive nonnative plant species, control of off-road vehicles, and maintenance of
hydrological requirements. Periodic prescribed burning or other mechanical methods that would
simulate the natural processes of the natural historic fire regime may be required for some areas. I
:hensive Plan Policies and
1 department, before final
Each management plan shall be approv
land development regulations by the
approval of construction drawings or commencement of land alteration, whichever occurs
first, and/or incorporation into the city as a conservation area, open space, greenway, or
wildlife corridor.
b)
I
(c) Deed restrictions.
CONSERVATION 6-12
Comp
(d) The
1
For those lands identified for preserve status, appropriate deed restrictions shall be
placed on the lands and recorded in the public records of the county, or they may
be dedicated to a public entity or approved private conservation group for the
purposes of preservation, or appropriate restrictive conservation easements
granted in perpetuity may be established, or such other similar protective
measures may be established, as determined by the city council, upon completion
of all review processes.
A conservation easement shall be established for a preserve area on a single-
family residential lot five acres or greater in size. The deed restriction or
conservation easement shall be dedicated to the appropriate entity, such as the
property owners association, or a state or local government or agency.
perpetual maintenance and protection of designated preserve areas shall be
established by a legally binding, recorded instrument.
Polic! -+q The City shall provide for a voluntary density bonus program for land
use designations of residential high (RH) to permit densities up tc -maximumof 15.0 units per
gross acre, based on one additional unit of density allowed for every ten percent of native
i1 habitat put into a preserve 1 rithin the planned community district (PCD)
1. These preserve areas shall be over and above the
minimum preservation and open Spabe areas provided in accordance with standard PCD
requirements.
Pok M
tracts.
1- =
I
.8.:1 The City shall maintain in the land development regulations ixxpkkg
pirement foi e removal of invasive nonnative species fior - evelopment
GOAL 6.2.: ENCOURAGE AN ENVIRONMENTALLY SUSTAINABLE CII
HROUGH ACTION- THAT REDUCE GREENHOUSE GAS EMISSIONS Ab
OTHER uy- -- 'ION-RENEWA-'- p0"TT-A' V Ap7- w-rWT-- m--- - -
iiective 6.2.1 Meet or exceed the minimum air aualitv levels established bv DEF
- __ ~UCV 6.2.1.1.: In accordance with section 163.3202. F.S., the City shall continue to mainta
ure the protection of environmentally sensitive lan id develotment regiulatic
!!a1 - I
6-13 CONSERVATION
1
I .,Ill - ==4 hic rhe use of alter ive modes of transportation inchdine nublit
pedestrian pathdwrridors. li&t rail, md car-poolini
The im~lmentation of the tlarkway system. the installation of sidewalks for a11 nc
levelotrments. the retrofit of neidhrhoods with sidewalks and the re~air .. ~f existi
.I
-. - I
md sta anenck .omam
I
~liccv 6.2.1.5.: All vroyllrosd mint sources of mllution shall mesent evid&& of com~lismce
th DEP rl np, allrmmed. No trrotlosed poi source of Plution shall1 be
provei - tir ua+- esf tation L,m
'
Transportation Plan that consider the findings of the MPO. Transit Meeds Assessment and
Bicycle and Pedestrian Plan. The Plan shall develop a long term stratem to reduce C02
. .- .. biective 6.2.2.: Increase educatim about sustainible buildixmp Dractices and use of
vironmentally sustainable products within the Citv of Im Beach Gardens
y 6.2.2.2.: The City shall utilize non-toxic cleaning techniques throughout its facilities
I dicv 6.2.2.3.: The Citv shall enhance the enerrrv efficiencv of Citv facilities thucrh t
mhase of Er ~ r rated tent and amliaces for Citv use. design eauivalente
ticient f conservatio J
' .. -
CONSERVATION 6-14
CONSERVATION 6-15
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
RECREATION AND OPEN SPACE ELEMENT - EXECUTIVE SUMMARY
Recreation and Open Space Overview 1
The Recreation and Open Space Element consists of a single goal; to provide adequate, sustainable park, recreation
and open space facilities and areas offering a broad range of activities to all current and future citizens. Staff
proposes to assess the City's Level of Service (LOS) standard for recreation and open space, and to define three new
categories of recreation and open space: mini-parks, open space, and eco-oriented parks.
The following initiatives are part of the proposed Recreation and Open Space Element:
0
Provide open space areas, active and passive recreation facilities for residents that comply with established
LOS standards. (Objective 7.1.1., Page 7-1, Existing)
Meet the recreation and open space needs of our residents through public funds, gifts, contributions,
mandatory fees or dedications. (Objective 7.1.2., Page 7-4, Existing)
Provide vehicular and pedestrian access to all public facilities. (Objective 7.1.3., Page 7-5, Existing)
Improve and coordinate efforts with all levels of government and the private sector to provide recreation
opportunities. (Objective 7.1.4., Page 7-6, Existing)
1 (Policy 7. I .3.4., Page 7-51
2012 mepare Parks and Recreation master Plan (Policv 7.1.4.8.. Page 7-61
RECREATION AND OPEN SPACE ELEMENT
Goals, Obiectives and Policies
GOAL 7.1.: VID DE^ ADEQUATE ~USTAINABLE PARK, RECREATION AND OPEN
MANAGEMENT TO ALL EURR ENT AND FUT~
SPACE FACILITIES AND AREAS OFFERING A BROAD RANGE OF ACTIVITIES,
CONVENIENT ACCESS, APPROPRIATE IMPROVEMENTS, AND SOUND
CITIZENS OF PALivi BEACH GARDENS WITH ACTIVE AND PASSIVE
RECREATION OPPORTUNITIES IN THE INTERESTS OF PERSONAL HEALTH,
ENTERTAINMENT, AND CONSTRUCTIVE USE OF LEISURE TIME.
--
I
Objective 7.1.1.: rovidc n mace areas, I active and passive
recreation faciliti,, and areas fc +esidents of Palm Beach Gard-__- ___ a timely manner so
as to comply with the level of ervice [LOSl standards set forth by this element and to
Policy 7.1.1.1.: The City shall adopt a - 4 standard of 3.7 acres of improved
maintain such compliance in subsequent years.
neighborhood and community parks for each 1,000 permanent City residents. Parks and
recreation facilities shall be located to serve the entire city populatio m
Policy 7.1.1.2.: The City shall achieve the kese
through an equitable and systematic land acquisition program and impact fee program.
- standard set forth in this element
@cv 7.1.1.3.: Bv 2010. the Citv shall review Its LOS standard to reflect current trends.
IS standard shall consider the addition of specific tyes of facilities. such as soccer fi
sketball courts, tennis courts,
creation areas an
or lore general catencA-s. such as active and
nm -tanclan' ' ' insider tl additic
O--- -w w.mnt;r\r\nl ntnmwomo I
hance the u ; Citv's r ionaI j assets. The Citv shall muaIlv mo
xeation ~comms to assure that an adecuuate diversity of ~romams addresses the recreation
terests of ;nt age ~OUDS. mrticularlv children, teenagers, and the elder]) Ldditicmallv,
3 City sha re that residents pecial nee & tccom --
tiicv 1.1.1.3.: DV LUI~. the City shall adopt se :e area standards in the L I Uevelopmc
leulations for Planned Unit Development am Planned Community Developments ana
redevelopment within PUDs and PCDs to nyn~,~ n-0- ---,-- Lr.' m;n; ,o+-lr, .Tr;th:- n n--AG:,
distance of homes and emnlnvment renter<
RECREATION
AND OPEN SPACE
-
7-1
I
Policy W-&h
contain retreat_--- ____ open space definitions as defined below and
standards as defined above.
The City shall continue to provide land development regulations which L zf m I
ini-Par
Mini-Darks are small facilities that serve a concentrated or limited poDwlathtion. and wh
designed with a tDt-lot. are geared toward toddlers. Mini-Darks are desimed to serve the needs
a neihborhood within a radius of up to six (6) blocks. A minimwm of one half CU2) acre f
each stand-alone nark is reconamended. Mini-parks nrharily offer rrassive recreation and twic
facilities lorovided include davmound areas. benches. own srrace. loicnfc tables, shade trees a
landscarring. There are INUXNXQUS exmtlles of Drivate mini-Darks within &inned resident]
neihborhoods. Since most of the neighborhood and c0munitv Darks offer the faciliti
tyicallv found in mini-Darks on a larger scale. the Citv has not established a level of semi
lndard based on nonulation for this category of nark. Adeawate Drovision of mini-narks will L u m
P SWWG IS UWIIW as any ianu ur water surface trim afforas unoostructea ~rnvsicai movemei
anh relatively fiee ofhumm-made structural mass. exaect for strwctures indented to serve t
use of the oDen wace for Dassive recreation. @en mace can be classified in two ways, as eith
green oDen maw or as urban own mace. Green open sDace maw include golf courses a~
greenwavs. Green open mace includes land such as Frenchman's Prtscrve. Lox& atchee Sloui
and our Municitb al Golf CQWS~. Urban open SD ace. on the other hand. exists rrrinei~allv
intersmrse comested urban environments with aesthetically deasine buffer areas. to mote
natural resourcesI and t o provide nassive recreation omorbunities. Urban onen mace mav inc
plazas. sauares. cxmrtvards. linear narks. and also the area covered bv lakes. streams and ca
These areas are Ovpicallv located within buiIt-uu areas and. in some cases, may offer bench6
commemorative structures. art in public daces. trails, or naths. Either twe of own mace can 1
publiclv or mivatelv ~~ned. A publidv owned exm~le is the linear ark alon~ Riverside Drh
Since o~en mace is 8 hdamental element in land classification. as well as Iand use tllannii
and resource man aeement. these areas are not considered nublic Darks but have been in+J@J
the level of service standard calcwlations as art of the overall raeation and cmen snace.
Neighborhood Park
The neighborhood park is a "walk to" park generally located along streets where people can walk
or bicycle without encountering heavy traffic. It serves the population of a neighborhood in a
radius -r Zen- -I1- has 2 acres for each 1,000 population. The desirable to one-half mill- - -
I size I . nr
RECREATION
AND OPEN SPACE
7-2
Because the service areas of a neighborhood park and an elementary school often coincide, it is
desirable for the neighborhood park to physically join the elementary school when feasible.
Both park and school serve the same basic PO in
recreation facilities that are of mutual benefit.
Cathe : Park. and Plant Drive Park.1
Since recreation needs vary fiom one neighborhood to another, site design should be flexible in
order to meet the particular recreation needs of a neighborhood. Site design should also reflect
the character of a neighborhood and incorporate compatible elements of both passive and active
types of recreation. The park area should be suitable for intense recreational activities. Typical
facilities developed in a neighborhood park may include play apparatus, recreation buildings,
multipurpose courts, sports fields, picnic areas, and free play areas. Additional facilities may be
added depending on the recreation demands of a neighborhood.
Community Park
A community park is a "ride to" park located near major streets or arterials. It is designed to
serve the needs of four to six neighborhoods - which may be said to constitute a community - and
serves community residents within a radius of up to three miles. -7 ulti-modal
acces 3 community parks is monglv encouraged. .N€
access can be enhanced by bika
bth Dassive and active recreation ozFlDortunities such as daymound areas. recreation buildings,
iorts fields. uaved multipwose courts. uicnic areas. o~en or fiee ulav areas, swimming uools,
id landscauinrr. Community c arks within the Citv include: Gardens Tennis Center. Burns Road
mmunitv Centm. Riverside Communitv Center, PGA National P'
~orts Comr>lc A minimum of 25 acres for each cobmunity park is recor ended, w
ied on an oDtimum standard of 5 acre4 Der 1.000 DoDulation. +xHBmHB
lust as a
neighborhood park fulfills the recreation needs of a neighborhood, a community park is designed
to meet the recreation needs of an entire community.
The park area should be suitable for intense recreational activities. Typical facilities at a
community park include swimming pools, ball fields, tennis courts, play areas, picnic areas,
multi-purpose courts, recreation buildings, and sports fields. Additional recreation facilities may
be included to meet a particular recreation demand in a community. Adequate off-street parking
may be needed to contain parking overflow. Two important elements of every community park
are the use of landscaping and the provision of passive recreation areas.
Urban-District Park
he Cit!.
RECREATION
AND OPEN SPACE
7-3
I to include one or more district parks
into the recreational system. An urban-district park is designed to serve the recreation needs of
several communities, or a city and usually provides areas and facilities that are resource based.
The park area may contain natural or aesthetic quality for outdoor recreation, such as picnicking,
boating, fishing, swimming, camping and trail uses, as well as active play areas. A secondary
objective may be the conservation and management of the naturalkultural environment,
providing- opportunities for viewing, studying n
desirable size f
The most important aspect of an urban-district park is that it provides recreational opportunities
that are resource based. Design and development of all outdoor recreation resources and facilities
should promote an atmosphere of beauty and serenity that is based directly on the natural
environment.
Ecm
le Citv recoenizes the immrtance of protectinn the diverse ecosvstem. while embracing t
tural resources available to our residents. Eco-oriented oarks twovide residents enjoyment a~
rareness of ow natural environment and shall utilize eco-fiiendlv design to minimize t
pact to the environment. These oarks are unique in fbnction and location: therefore these
rv widelv in size and number of residents served. For that reason t& n'4-* L- --4
PVPP nf Cproire ctandatA hac& nn ntwdatinn fr\r thia entaarrvxi nf rt
Specialized Recreational Facilities
These sites will vary widely in size and the number of residents served. Examples of specialized
facilities would include marinas, libraries, swimming pool nature centers, outdoor
theaters and publicly-owned golf courses. Specialized facilities may be appropriate in
combination with a community or urban-district park. I
Ob'ective 7.1.2.: -A
RECREATION
AND OPEN SPACE
bet the recreation and open space needs (defined by
7-4
thw LOS,standards above) of Palm Beach Gardei.,. .-lvIry .-- uyI
public fkor de-
’ ..
Policy 7.1.2.1.: The City shall continue a fully operational impact fee program and shall
supplement recreation and open space needs through interlocal agreements, operational practices,
user fees, incentives, and public/private cooperative efforts. The City shall also develop a
comprehensive implementation program with priorities, responsibilities, and schedules based on
the adopted level of service standards (improved park land) and the ideal recreation facilities
standardr ’ w
Policy 7.1.2.2.: The City shall maintain a detailed recreation and open space inventory which
indicates the general location of existing and proposed sites and facilities as well as functional
classifications, nature of improvements, and usage, size, priority, and other appropriate
considerations.
e mom-& and shall explore(
recreation and open spac
Objective 7.1.3.: mrovide vehicular and pedestrian access to all public,
active, recreation facilities, including barrier-free design features at entrance points to the
facility such as buildings used for group assembly, spectator seating areas, and restrooms.
Policy 7.1.3.1.: The City shall acquire and develop access easements or rights-of-way as
required to provide adequate access for public recreation facilities, and construct access ways
which are compatible with the character and needs of the facility, as well as being harmonious
with surrounding development patterns.
Policy 7.1.3.2.: The City shall coordinate Palm Beach County and surrounding
municipalities to achieve public access to Atlantic Ocean beaches. I i
Inn with the tt-mlQn0 -merit.
dicv 7.1.3.4.: Recreation facilities shall be provided consistent with Titlc
th Disabilities Act, including the number of facilities available for and accessible to persons
special needs. The City shall provide a diverse number of facilities accessible to person with
a1 needs and shall meet or exceed the ADA diversity guidelines. BY 201 1, the City shall
lete an inventory of existing recreation facilities that are accessible to persons with special
eas. If deficiencies exist in number or diversity of recreation facilities for persons with special
nerica
.. . llceds. the City shall schedule appropriate i-”
I imnrnirpmpnto nrnmom tn rprnc=Axr tho A~GAonrir
RECREATION
AND OPEN SPACE
7-5 I
,. ',:.<.; 4 .. ... . . , .'$-. , c
.I.. , -.." -,,,.,,-., i ...... '- ' ,. -
., . :.. - - .. , ' , -, ,,. . - . ,. -. .. . . , :.. -'
Objective 7.1.4.: Aprove and coordinate efforts with all levels of
government and the private sector to provide recreatio a1 opportunities.
Policy 7.1.4.1 : By-EW+The City shall continue interagency agreements with the School Board
for the joint use of school recreation facilities located in the City.
Policy 7.1.4.2.: The City shall enforce the dedication o I park and recreation area through the
land development regulation SI development approval process. As a minimum, residential
projects shall set aside 600 square feet per dwelling unit for public parks and recreation purpose.
Non-residential projects shall set aside a percentage of the gross project area as established
pursuant to Policy 7.1.4.4. Money in lieu of land dedication, subject to City Council approval,
<ha11 serve as an alternative where suitable land is not available within development
projects for public park purposes; minimum park thresholds, as defined in Policy
., cannot be achieved; or off-site land is not appropriate to serve the recreation and
r
I op space needs of the subject development.
Policy 7.1.4.3.: The City shall seek land donations from property owners and financial
contributions from the private sector for the development of recreational opportunities.
Policy 7.1.4 6Lhe City shall conduct a user survey of park and recreation
facilities ewv 3 YWUS. The data from the survey shall be used to determine the percentage of
land non-residential projects shall contribute as recreation dedication requirements. At a
minimum, the survey shall document use of city parks and recreation facilities by residents and
nonresidents, and the origin and destination of each usq before and after the parkhecreation
facility use.
A
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Policv 7.1.4.8.: BY 2012. based on the results of the Darks and recreation survey. the Citv shall
prmare a Parks and Recreation Master Plan. The Citj & itinue to asse the Master Planm -- ation to the most current user surve
-
dutdication of r ion facilities, inchdin? lorovisions for 1 rt use of recreation iIities
irivate and Dublic entities. such as the school board. to meet the recreation demands of the
tv's citizens.
Youcv 7.1.4.11.; lhe Citv shall cuntinue to encouraae co-snansorshm of recreational a
cultural events, such a- *a- xeenmarkets, festivals and athletic events. usinj --'
-",I m
RECREATION
AND OPEN SPACE
7-6
..
mn fyilitier rithin thpir APxrolnnmentc I
all continue coordinatior-
f school facilities for recreatfona
RECREATION
AND OPEN SPACE
7-7
roses bv the eeneral nublic
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
INTERGOVERNMENTAL COORDINATION ELEMENT - EXECUTIVE SUMMARY
.. Intergovernmental Coordination Element Overview 1
The Intergovernmental Coordination Element has a single goal; to effectively coordinate among all public and
quasi-public entities to ensure quality of life and sustainable use of resources. One new objective is proposed, which
is to coordinate transportation planning efforts with the South Florida Regional Transit Authority (SFRTA) and
Treasure Coast Regional Planning Council (TCRPC), and other appropriate entities and service providers.
The following initiatives are part of the proposed IntergovernmentaC Coordination Element:
Maintain formal means of coordination with adjacent municipalities, the county, state and federal agencies.
(Objective 8.1. I., Page 8-1, Existing)
0 Coordinate all levels of service standards through the Intergovernmental Plan Amendment Review
Committee (IPARC) and TCRPC. (Objective 8.1.2., Page 8-3, Existing)
Continue a written procedure to request coordination with the comprehensive plans of adjacent
municipalities, the county, and other local government agencies, through IPARC and TCRPC. (Objective
8.1.3., Page 8-3, Existing)
Continue coordination process to ensure full considerati n is given to the impacts of developments
proposed in the City through IPARC and TCRPC. (Objective 6.1.4., Page 8-4, Existing)
Encourage the provision of quality education. (Objective 8.1.5., Page 8-5, Existing)
Coordinate planning efforts with the North Palm Beach County partners to jointly identify land parcels
which will provide opportunities for the development of bioscience uses. (Objective 8.1.6., Page 8-6,
Existing)
Coordinate transportation planning efforts with the SFRTA, TCRPC and other governmental entitied and
local transit providers to ensure collaboration and dissemination of information regarding transit decisions
and projects. (Objective 8.1.7., Page 8-6, Proposed)
d 0
0
0
INTERGOVERNMENTAL COORDINATION ELEMENT
Goals, Objectives and Policies
GOAL 8.1.: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL
PALM BEACH GARDENS’ QUALITY OF LIFE AND BUSTAIl’ BLE JWFJGHW USE
OF RESOURCES.
PERTINENT PUBLIC AND QUASI-PUBLIC ENTITIES SO TO BEST MAINTAIN
Objective 8.1.1 .: tfftt maintain formal, specific means of
coordination with adjacent municipannes, the county, state, and federal agencies who have
permitting and regulating authority, and quasi-public entities which provide services but
lack regulatory authority in Palm Beach Gardens. I
Policy 8.1.1.1.: The City shall encourage the implementation of the Conceptual Master Plan
for the U. S. 1 Corridor in Northern Palm Beach County known as the “seven-cities plan.”
Potential developments along U. S. 1 within the City’s jurisdiction will be encouraged to
conform with said plan. The City shall also provide support and assistance to nearby
jurisdictions in obtaining funding for the implementation of the plan from regional, state, and
federal agencies. I
Policy 8.1.1.2.: The City, through its involvement with Seacoast Utility Authority and in
conjunction with the City Engineer, shall review all plans for water and sewage systems when
these improvements are to be maintained by the city after construction.
Policy 8.1.1.3.: The City shall notify Palm Beach County and surrounding municioalities in
development applications received by the City . requiring7
being considered by the City Planning- ----E a
of
De
muntv residea.
nent Review Committee meeting bhat have an imuact on adiacent local municiualiti
Policy 8.1.1.4.: Palm Beach Gardens icies create
liaisons with the City. For example, the
implemented a program which has assisted liaison within the rUlity.
Policy 8.1.1.5.: Through the City Council, the City Manager shall be responsible for ensuring an
effective intergovernmental coordination program for Pall
INTERGOVERNMENTAL COORDINATION
reguk
Beach Gardens.
8- 1
Policy 8.1.1.6.: The City shall utilize the Palm Beach Countywide Intergovernmental
Coordination Process as a regular formal forum in which to deal with issues unique to Palm
Beach County and the municipalities therein. The Multi-Jurisdictional Issues Coordination
Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional
significance including, but not limited to, the siting of facilities with countywide significance and
locally unwanted land uses.
Policy 8.1.1.7.: The City shall request that the Treasure Coast Regional Planning Council
(TCRPC) play a more active role in issues between the City and Palm Beach County, and
between federal and state agencies and Palm Beach Gardens.
Policy 8.1.l.P ; Palm Beach Gardens shall assist with cooperative education programs between
the City, the &unty{ and regulatory agencies to inform the public and development community
about applicable laws and regulations. This could be accomplished by including brief
informational pamphlets in utility bills or other means of widespread general circulation.
Policy 8.1.1.9.: Palm Beach Gardens shall identify and coordinate anticipated hture annexation
areas with the county and surrounding municipalities. I
Policy 8.1.1.10.: The City shall use the Treasure Coast Regional Planning Council's informal
mediation (voluntary dispute resolution) process to resolve disputes or conflicts, including
annexation issues, with other local governments, if not resolved through the Palm Beach
Countywide Intergovernmental Coordination Process. When the City's efforts fail to resolve a
dispute with any local government, the City shall notify the Regional Planning Council in
writing about the dispute, requesting the Council's mediation. The City shall also notify the local
government that the City has dispute with, about the City's request to the Regional Planning
Council.
Policy 8.1.1.11.: The City shall cooperate lounty's Commission on Affordable
Housing to implement countywide affordable
use of Housing Trust Fund monies.
housing programs, including the -r
Policy 8.1.1.12.: The City shall pursue interlocal agreements with local governments that have
identified or adopted future land use designations for adjacent unincorporated areas. These
agreements would establish boint planning areas pursuant to Chapter 163.3 171, F.S. The City
shall encourage joint planning agreements that include as many of the following planning
considerations as are applicable. Additional items could be addressed at the concurrence of both
parties, including:
INTERGOVERNMENTAL COORDINATION 8-2
a.
the agreement;
Cooperative planning and review of land development activities within areas covered by
I
b. Specification of service delivery;
c. Funding and cost-sharing issues with joint plannin areas; and
d. Enforcementhmplementation.
Policy 8.1.1.13.: The City shall coordinate with those schools in its jurisdiction, which are part
of the State University System, regarding the development of campus master plans or
amendments thereto, to be done in accordance with Section 240.155, F.S.
i
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9
.. 0 b jective 8.1.2.:
uoorda ect surround
inicipalities and counties igh the Intergovernmental Plan Amendment Revi
bmmittee (IPARC), TCRPC and informal communicatiod I Policy 8.1.2.1.: The City shall monitor the implementation of lountywide traffic performance
standards. 1
Policy 8.1.2.2.: The City shall coordinate the timing, locabon, and capacity of public facilities to
ensure that required services will be available when needed.
Policy 8.1.2.3.: The City shall involve the TCRPC in informal mediation when level of service
issues cannot be resolved by the city and the service provider.
: The Citv shall coordinate withhing. mitigation
ties not under the jurisdiction of the local government receiving. the audicatic
xoportionate fair-share agreement.
Objective 8.1.3.: I - antinue a written procb.,,, cu request coordination with the comprehensive plans of
adjacent municipalities, the county, and other units of local government such as the school
board, who provide services but do not have regulatorv authority over the use of land
L
gh IPARC- .- formal communicatioi
INTERGOVERNMENTAL COORDINATION 8-3
Policy 8.1.3.1.: The City shall file a written request with each adjacent municipality and the
county to receive and review copies of all proposed comprehensive plans or plan amendments
that are adjacent to Palm Beach Gardens' boundaries. I
Policy 8.1.3.2.: The City shall request the School Board of Palm Beach County, Northern Palm
Beach Chamber of Commerce, Palm Beach County Planning Council, South Florida Water
Management District, Treasure Coast Regional Planning Council, Seacoast Utility Authority,
Northern Palm Beach County Improvement District, and Florida Power and Light Company to
designate a specific liaison to provide expertise from their various disciplines into planning and
development related activities.
Policy 8.1.3.3.: The City shall, in conjunction with other affected parties, evaluate the Capital
Improvements Element when it is undergoing annual review to determine if current funding is
proportional to services rendered.
Policy 8.1.3.4.: The City shall request joint planning between city staff and the School Board on
proposed locations of future schools in relation to the projected population.
I. .. ____
Objective 8.1.4.:
antinue an intergg 7 9
to the impacts of developments proposed in the City Comprehensive Pla )r by other
itities which affect the mty bug in t or mal
Policy 8.1.4.1.: The City shall cooperate with the Palm Beach Countywide Intergovernmental
Coordination Process established in 1993 for the purpose of facilitating intergovernmental
coordination.
Policy 8.1.4.2.: The mty shall support the development and adoption of interlocal agreements
with the affected municipalities to coordinate the management of the Intracoastal Waterway and
the Loxahatchee Slough.
Policy 8.1.4.3.: The City Council shall continue to work with the Treasure Coast Regional
Planning Council to identify regional issues and to assist in the periodic updating of the Strategic
Regional Policy Plan.
I
I
I
Policy 8.1.4.4.: The ity shall support the development of interlocal agreements with affected
parties and the North
INTERGOVERNMENTAL COORDINATION
Palm Beach County Improvemt District to coordinate the funding of
8-4
infrastructure in the North County area.
Policy 8.1.4.5.: The City shall forward copies of the City's proposed Comprehensive Plan or
plan amendment to each adjacent city, Palm Beach County, the School Board of Palm Beach
County, Palm Beach Countywide Intergovernmental Coordination Process, South Florida Water
Management District, Seacoast Utilities Authority, the Treasure Coast Regional Planning
Council, and the Department of Community Affairs for their review and comments. The City
shall take into consideration comments received from the above entities prior to the adoption of
the Plan or plan amendment.
=v-
&--courage pr df c,-..---J' education
through world class curriculum to ensure all children are prepared for real world
experiences, hold necessary skills for jobs, and continue to pursue knowledge
IPARC, TCRPC and informal communications
Policy 8.1.5.1.: The City shall undertake efforts to encourage and promote a quality educational
experience tailored to individual students needs, through communications with the School Board
and local school administrators, and urge that the following should be provided: diverse learning
styles tailored to students' abilities; magnet schools and special programs; skilled, devoted
teachers; involvement of volunteers and community resources. Similarly, programs, strategies
and practices such as the following will be encouraged: reduction of school and individual
classroom size; selection of administrators with strong leadership and managerial skills; proper
allocation of fiscal resources; teaching focus on basic job and employment skills; and promotion
ications with the School
and coordination with
of parental involvement and awareness.
Policy 8.1.5.2.: The City shall
Boardm
neighboring governments rnrough the Inreriocal Plan Amendment Review Committee and Issues
Forum, a form of school concurrency to ensure educational facilities are available when and
where needed, and the division of the county school district into separate, smaller districts.
I snd encourage through
Policy 8.1.5.3.: To implement Objective 8.1.5 and Policies 8.1.5.1 and 8.1.5.2, the City shall
assume an active role in reforming the education system. The City shall formulate consensus,
through resident input, on the major educational issues for the City and meet regularly with the
School Board to advise them of the City's needs and recommend strategies or programs to
address the identified needs. Further, the City will assert itself as an outspoken leader, and utilize
the talents and influence of the community to urge changes to the educational system. At a
INTERGOVERNMENTAL COORDINATION 8-5
minimum, the City shall continue to monitor its activities which have potential impact on the
educational process and will coordinate accordingly with School Board staff.
Policy 8.1.5.4.: The City shall coordinate the location of new and expanded sites for Public
Educational Facilities with the School Board in order to ensure compatibility and consistency
with the City's Comprehensive Plan, in accordance with 235.193, F.S., and to maintain and
enhance joint planning processes and procedures for coordination and development of public
school facilities concurrent with residential development and other services. Public educational
facilities shall be sited as discussed in the Future Land Use Element.
Objective 8.1.6.: ekoordinate planning efforts with the Town of Jupiter, the City of
Riviera Beach, tL Town of Lake Park, the Town of Mangonia Park, and Palm Beach
County (the "North Palm Beach County Partners") in order to jointly identify land parcels
in Northern Palm Beach County which will provide opportunities for the development of
Bioscience Uses (as defined in the Future Land Use Element) and to discourage changes to
the zoning and land use designations of those parcels that would eliminate Bioscience Uses.
I
I :lo a unified vision in coordination with the North Palm Bead
Bioscience Research Protection Overlay (BRPO)
- Policy 8.1.6.1. ~
rtnc
in order to provide opportunities for Bioscience Uses as fined in the
rurure Land Use Element. Thc -ity' nnnO, in wit he North
Palm Beach County Partners 1 Advisory Boara (m
shall be utilized to provide oppoiLUliity for a minimum 8,000,OGv mare feet Bioscience Use
cluster in North County.
I LIK D1usC;lcr1C;c ~anu rroiw
Policy 8.1.6.2.: The City shall provide the North Palm Beach County Partners - -
oscience Land Protecti; with all reports, data, and -Ays._
utilized in assigning the BRPO to a particular site or upon which the City has relied in defining
the area of the BRPO. I
Policy 8 o ass1 ' ,. - ope ion
I
I North Palm Beach County
IB~, the City shall enter
into such Ir1Lcklocal Agreements as ~IG necessary to ensui- JIG protection of Bioscience Uses
within the BRPO. I
INTERGOVERNMENTAL COORDINATION
I
re Palm E
INTERGOVERNMENTAL COORDINATION 8-7
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
CAPITAL IMPROVEMENT ELEMENT - EXECUTIVE SUMMARY
Capital Improvement Element Overview li
The Capital Improvement Element (CIE) contains the Goals, Objectives and Policies which guide the City's fiscal
policies to provide adequate facilities. The proposed changes include modification of Level of Service (LOS)
standards that reflect proposed changes in the Public Safety Element. Also, staff has included policies which address
changes in State Statute. Table 9A of this element contains the budget items required to achieve or maintain levels
of service, and it is updated on an annual basis immediately after the adoption of the City's Capital Improvement
Program (CIP). Because the City must transmit the EAR-based amendments prior to the adoption of the new CIP,
the EAR-based amendment will not contain updates to Table 9A. The annual CIE update reflecting the changes to
the CIP will be a separate amendment process. The update to Table 9B, which reflect the School Board's CIP, is
similarly affected.
The following initiatives are part of the proposed Capital Improvement Element:
Ensure the construction, replacement and maintenance of capital facilities which are necessary to achieve
and maintain adopted LOS. (Objective 9.1.1., Page 9-1, Existing)
Future development shall bear a proportionate cost of facility improvements necessitated by the
development in order to maintain LOS standards. (Objective 9.1.2., Page 9-2, Existing)
Ensure the provision of needed capital improvements for previously issues development orders, and for
hture development and redevelopment. (Objective 9.1.3., Page 9-2, Existing)
Maintain a minimum LOS for traffic circulation, potable water and sanitary sewer, solid waste, drainage,
II
0
., Page 9-3, Existing)
Draft 04.08.08 NES
T..
...
CAPITAL IMPROVEMENTS ELEMENT
Goals, Obiectives and Policies
tI GOAL 9.1.: 1 USE SOUND FISCAL POLICIE!
PROVIDE ADEQUATE PUBLIC FACILITIES TO ALL RESIDENTS WITHIN ~
CTT- --+w --m. FISCAL POLICIES MUST PROTECT INVESTMENTS IN .. 1 EXISTING F,
"SOMOTE auai
-" "IAXIMIZE THE USE OF EXISTING FACILITIES, AND
I, -, COMPACT DEVELOPMENT
Objective 9.1.1.: use the Capital Improvements
Element of this Comprehensive Plan as a means to ensure the construction, replacement,
and maintenance of Capital Facilities3 which are necessary to achieve and maintain the
opted * Levels of Service (L0S)J in the Comprehensive Plan. 'I1 Policy 9.1.1.1.: The City shall include in the Five-Year Schedule of Capital Improvements all
capital facility projects (renewal and replacement) needed to achieve and maintain the adopted
level( of service and which are over $50,000 in estimated costs. The City shall review the Five-
Year Schedule during the preparation of the annual budget.
Policy 9.1.1.2.: Proposed capital improvement projects shall be evaluated and ranked in order of
priority according to the following guidelines: II
5)
Whether the project is financially feasible and is needed to protect public health and
safety, to fulfill the city's legal commitment to provide facilities and services, or to
preserve or achieve full use of existing facilities or to eliminate existing capacity deficits.
Whether the project increases efficiency of use of existing facilities, prevents or reduces
future improvement cost, provides service to developed areas lacking full service, or
promotes infill development. Ill
Whether the project represents a logical extensipn f acilities and services.
Whether the project is consistent with the projected growth patterns, the accommodation
of new development and redevelopment facility needs, and the plans of governmental
agencies that provide public facilities within the City's jurisdiction; and
rf
Whether the project is consistent with the Urban Growth Boundary philosophy of urban
vs. rural characteristics and service provision. li
Draft 04.08.08 NES
for future development and redevelopment.
1
Objective 9.1.2.:
improvements necessitated by the development 1 Future development shall bear a proportionate cost of facility
levelopment in order to maintain adopted LOS standards. !
Policy 9.1.2.1. :
1) The City shall continue to collect a countywide transportation impact fee to assess new
development a pro rata share of the costs required to finance transportation improvements
necessitated by such development. 11
2) The City shall continue to collect city road impact fees for roads of City responsibility.
3) The roadways within the City Center Linkages Plan shall be constructed and financed by '- having4
The timing and construction of the Linkages Plan roadways
coincide with the development of individual sites. The development approval for the
affected parcels will be conditioned on the construction of the roadways coinciding with
the development of these parcels.
ridual landowners whose developments will have a direct benefit
these roadways.
'I1
Policy 9.1.2.2.: The City shall continue its program of mandatory dedications or fees in lieu of
dedication as a condition of development approval to ensure the timely provision of recreation
and open space. ~II
Policy 9.1.2.3.: The City shall periodically review the adequacy of impact fees levied to fund
the following capital facilities needed to support new growth:
111
1) Park and recreation sites and facilities;
2) -Road=;
3) Law enforcement; and
4) Emergency services.
~
i
~
~ i i
Policy 9.1.2.4.: The City shall consider adopting a Public Facility Impact Fee to allow for the
construction of new City buildings - --
Policy 9.1.3.2.: The City will adopt a Capital Improvvm nt Program covering at least 5 fiscal 19
CAPITAL IMPROVEMENTS i 9-2
~ i
Draft 04.08.08 NES
years and annual capital budget as a part of the City’s budgeting process.
Policy 9.1.3.3.: The City will make efforts to secure grants or private funds whenever available
to finance the provision of capital improvements.
Policy 9.1.3.4.: The City budget process shall include the planning, development and review of
projects which provide for the replacement and renewal of capital facilities.
Policy 9.1.3.5.: Through capital improvement programming, the City shall use its fiscal policies
to direct expenditures for capital improvements which are consistent with the goals, objectives,
and policies of other elements of the City’s Comprehensive Plan.
Objective 9.1.4.: Maintail a minimum
level of service for affic circulation, potable water and sanitary sewer, solid waste,
drainage, recreation
elements
nd o en space, and public safety as defined in the applicable P Decisions regarding the issuance of development orders and
permits shall be based upon coordination of the development requirements included in this
Plan, the land development regulations, and the availability of necessary public facilities
concurrent with the impact of developments. The School District of Palm Beach County
shall maintain minimum level of service standards for public school facilities, as defined in
the Public School Facilities Element. In the case of public school facilities, the issuance of
Development Orders, Development Permits or development approvals shall be based upon
the School District of Palm Beach County’s ability to maintain the minimum level of
service standards.
Policy 9.1.4.1.(al: The City of Palm Beach Gardens has established 1; n this P1 a minimum
level of service for traffic circulation, potable water and sanitary sewer, solid waste, drainage,
recreation and open space, and public safety. The School District of Palm Beach County shall
maintain minimum level of service standards for public school facilities, in accordance with the
adopted Interlocal Agreement. To ensure that the minimum levels of service for these public
facilities and services are maintained as new development occurs, the City of Palm Beach
Gardens follows a concurrency management system. The concurrency management system
requires all new development d redevelopme applications, subject to concurrency
certification, to submit an application which indicates impacts on the Level of Service for the
concurrency item. The application identifies the impacts that the proposed development would
have on the City’s ability, or in the instance of public school facilities, the School District of
Palm Beach County’s ability, to maintain the adopted minimum levels of service. The
concurrency management system shall be consistent with Section 163.3202 (l), F.S.
CAPITAL IMPROVEMENTS 9-3
Draft 04.08.08 NES
Policy 9.1.4.1.(b): The City shall require, through the concurrency management system, that the
burden of showing compliance with the level of service requirements be upon the applicant for a
development permit. Where capacity cannot be shown, the following methods may be used to
maintain the adopted level of service:
1. The developer may provide the necessary improvements to maintain the level of service.
2.
with the adopted level of service standard.
The proposed project may be altered such that the projected level of service complies
3.
conclusion of each phase complies with the adopted level of service.
The proposed project may be phased such that the projected level of service at the
4. The construction of the facilities or provision of services is the subject of a binding and
guaranteed contract with the City of Palm Beach Gardens or in the case of public school
facilities, the School District of Palm Beach County, that is executed and guaranteed for the time
the Development Order is issued.
5. The necessary facilities and services are included in the City of Palm Beach Gardens’
Five-Year Schedule of Capital Improvements; or, in the case of public school facilities,
construction appropriations are specified within the first three years of the most recently
approved School District of Palm Beach County Six Year Capital Improvement Schedule, as
reflected in Table 9B of this element, which shall reflect the addition of FISH capacity for each
school as shown in Appendix A, of the Public Schools Facility Element, Concurrency Service
Area Table.
6. In accordance with Policy 1 1.1.1.8, and upholding the exceptions detailed therein, prior
to issuance of a Development Order/Permit, the School District of Palm Beach County shall
determine that the level of service for public school facilities can be achieved and maintained.
The necessary public school facilities shall be considered to be in place when sufficient capacity
exists in the concurrency service area (CSA) in which the proposed development is located, or an
immediately adjacent CSA.
Policy 9.1.4.2.(a): The City hereby adopts the following Level of Service Standards (LOS)
and will use them in reviewing the impacts of new development upon facility provision. For
public school facilities, the applicant for a Development Order or Development Permit which
includes any residential component shall provide a determination of capacity by the School
District of Palm Beach County that the proposed development will meet the public school
facilities level of service. A determination by the School District is not required for existing
single family legal lots of record, in accordance with the Public School Facilities Policy 1 1.1.1.8.
A Traffic CircL.-.
l’he Dual Level of Service Standards shall be applied in the respective urban
and rural areas, consistent with the Urban Growth Boundary philosophy established in the Future
Land Use Element:
CAPITAL IMPROVEMENTS 9-4
Draft 04.08.08 NES
LEVEL OF SERVICE STANDARDS
URBAN AREA
TRAFFIC CIRCULA TION
Facility Type LOS for Peak Period in Peak Season
Neighborhood Collector D
City Collector D
County Minor Arterial D
State Principal Arterial D
Beeline Highway D
State Minor Arterial E
FIHS Roads D
Excepted Links per Table 2A
SEWAGE SERVICE SANITARY SEWER
107 gallons per day
per capita
SOLID WASTE
Generation per capita:
Collection: Twice per week
7.13 Ibs per day
DRAINAGE
WA TER SERVICE
3 day, 25 year event
RURAL AREA
D
D
D
E
D
C
SEPTIC TANKS
Per DEP and Public
Health Department
Regulations
7.13 lbs per day
Once per week
3 day, 25 year event
POTABLE WATER WATER WELLS
191 gallons per day Per DEP and Public
per capita Health Department
Regulations
RECREATION AND OPEN SPACE
3.7 acres of improved
neighborhood and Park and recreation
community parks
per 1,000 permanent
residents population, and in most
facilities will be located
to serve the entire city
cases will be in the urban
area.
PUBLICSAFETY
Fire/EMS
CAPITAL IMPROVEMENTS
I. minute - Require well-based
response time to sprinklers for all
structures; fire service with 98slb ,I of all
calls, on a district basis tanker trucks; 8 minute
9-5
Draft 04.08.08 NES
average response time.
Police:
PUBLIC SCHOOLS
-- 1000 service calls per
officer per year; community
policing philosophy
Zone patrol based on
crime control strategies
1 10% utilization rate or up to 120%, per Policies 1 1.1.1.1
and 1 1.1.1.4 of the PSF Element
Policy 9.1.4.2.(b): Public safety level of service standards are not a formal component of the
concurrency management system required by Rule 95-5.0055, FAC. The City,
however, will monitor public safety level of service standards during the development review
process. Any project that necessitates expansion of public safety services beyond those provided
iven fiscal year, shall be required to participate in the cost of expanding police and
services to serve the subject property, or shall be phased consistent with City
plans to expand such services. Public safety facilities and/or capital equipment that will provide
the proposed development sufficient services based on the LOS for police and Firp/F1\/1J
facilities may be required pursuant to a Developer's Agreement. Public safety facilities and/or
capital equipment dedicated to the City pursuant to a Developer's Agreement shall be credited
against impact fees.
-
Policy 9.1.4 7
mechanisms or provision of services at urban levels may be approved in the rural service area.
With a super-majority vote of the City Council, alternative service
Policy 9.1.4.3.: The City shall, consistent with Section 163.3202 (l), F.S., maintain regulations
that will allow phasing of a development and issuing of a development order for projects that are
phased to ensure that the necessary public facilities and services are available prior to the
completion of the proposed development.
Policy 9.1.4.4.:
needed to meet the adopted level of service standards are in place.
Certificates of occupancy will be issued only after all required public facilities
Policy 9.1.4.5.: If a previously-scheduled capital improvement which was the basis for approval
of a development order is rescheduled to a later fiscal year, the affected development may
proceed only if adequate surety has been posted with the City to ensure that the public facilities
are constructed.
Policy 9.1.4.6.: The City shall limit its total debt service expenditures to no more than 20% of
total revenue and limit total outstanding indebtedness to no more than 10% of its property tax
base.
,--'I --r 9.1.4.7.: The City shall evaluate proposed Comprehensive Plan amendments,
and development applicatiod according to the following guidelines:
Will the proposed amendment] lnexati or development order contribute to a condition
of public hazard as may be described in the Sanitary Sewer, Solid Waste, Drainage,
Potable Water, and Natural Groundwater Recharge (Infrastructure) Element, and Coastal
Management Element of this Comprehensive Plan?
Will the proposed amendment inexati or development order exacerbate any existing
or projected condition of public facility capacity deficits, as may be described in the
CAPITAL IMPROVEMENTS 9-6
Draft 04.08.08 NES
support documents of the Transportation Element; Sanitary Sewer, Solid Waste,
Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element;
Public Safety Element; and Recreation and Open Space Element of this Comprehensive
Plan?
3) Will the proposed amendmen- -- development order generate public facility
demands that may be accommodated by capacity increases planned in the 5-Year
Schedule of Improvements?
4) Does the proposed amendmei or development order conform to future land
uses as shown on the Future Lana use Map of the Future Land Use Element of this
Comprehensive Plan?
CAPITAL IMPROVEMENTS IMPLEMENTATION
The Schedule of Capital Improvements in Table 9A is hereby adopted as the City’s Five-Year
Capital Improvement Plan.
Other Programs: Other principal programs that will implement this Element are:
1) Continued annual capital programming and budgeting, including use of the project
selection criteria contained in policy 9.1.1.1.
2) Continued annual review and revision of this Element.
3) Enactment and enforcement of land development regulations provisions to assure
conformance to the concurrency requirements relative to development orders, level2 of
service, and public facility timing as outlined below.
The City will annually prepare an updated five-year schedule of capital improvements. As part of
the annual process, it shall include a review and analysis of the City’s financial condition and an
updated projection of revenues which takes into account any changes in potential revenue
sources that had been anticipated to fund scheduled improvements. In addition, it will
incorporate any new capital improvement needs that have arisen since the last update. The
analysis shall also include a discussion of any change in improvement prioritization.
The required Evaluation and Appraisal Report (EAR) shall address the implementation of the
goals, objectives and policies of the Capital Improvement Element.
CAPITAL IMPROVEMENTS 9-7
Draft 04.08.08 NES
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
008/2009 !009/2010 2010l201 1
TRANSPORTATION
Palm Beach Gardens High School Lilac St. Signal
Bums Road Debt Payments $702,400 $702,800
Grandiflora Drive West of Central to Donald Ross
Research Parkway West of Grandiflora
Research Parkway East and South of Grandiflora
Resurface/Reconstruction Program $230,000 $230,000
$299,000
$357,000
$691,700
$230,000
$399,000
$699,400
$230,000
Impact Feed - Developer
- Developer
- Developer
$449,000 Gas Tax
General
Fundl School - Board
$700,500 Impact Fees
$4,700,000 Developer
$2,200,000 Developer
$2,800,000 Developer
$230,000 Gas Tax
Impact Feed
Total $2,182,400 $1,631,800 $1,577,700 $1,328,400 $11,079,500
--- -- -I
Total $1,799,000 $966,000 $500,000 $370,000 $685,000
- . .
Total $138,800 $228,800 $228,800 $168,800 $78,800
CAPITAL IMPROVEMENTS 9-8
Draft 04.08.08 NES
Stormwater Debt Payments I $368,700 I $369,300 $369,200 I $368,400 I $367,000 I GeneralFund
Jotal $368,700 $369,300 $369,200 $368,400 $367,000
.
Facilities
Municipal Complex Parking Lot Expansion $255,000 - GeneralFund
EquipmenffMaterials Storage Building at Plant Drive $55,000 - GasTax
Subtotal $310,000 $0 $0 $0 $0
Fleet
Fleet Maint.
Vehicles $498,500 $450,000 $450,000 $450,000 $450,000 Fund
Fuel Tank Removal and Replacement $250,000 Fund
Fleet Maint.
Fleet Maint.
Fund Fire Rescue Unit - Replacements $370,000 - $195,000
Subtotal $1,118,500 $450,000 $450,000 $645,000 $450,000
Jotal $1,428,500 $450,000 $450,000 $645,000 $450,000
CAPITAL IMPROVEMENTS 9-9
Draft 04.08.08 NES
rota/ $1,651,000 $315,000 $2,000,000 $520,000 $2,685,000 rota/ $1,651,000 $315,000 $2,000,000 $520,000 $2,685,000
GeneralFund I
General Fund
General Fund
Grand Total All Elements $7,568,400 $3,960,900 85,125,700 83,400,600 $15,345,300
CAPITAL IMPROVEMENTS 9-10
Draft 04.08.08 NES Table 9B CITY OF PALM BEACH GARDENS Summary of Capital Improvements Program P
f
CAPITAL IMPROVEMENTS 9-1 1
Draft 04.08.08 NES
si 8%
CAPITAL IMPROVEMENTS 9-12
Draft 04.08.08 NES
3 .a .
f a
? i f ! L ? E r
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i
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i
CAPITAL IMPROVEMENTS 9-13
Draft 04.08.08 NES
i 5 f I 5 c
-4 E a
CAPITAL IMPROVEMENTS 9-14
Draft 04.08.08 NES
CAPITAL IMPROVEMENTS 9-15
I
Draft 04.08.08 NES
:
ci s
I
I
c
c h
f
CAPITAL IMPROVEMENTS 9-16
Draft 04.08.08 NES
e
CAPITAL IMPROVEMENTS 9-17
IV. MONITORING AND EVALUATION
Draft 04.08.08 NES
Chapter 163 of the Florida Statutes requires the Capital Improvement Element to be continuously
monitored and evaluated. Therefore, this element will be reviewed on an annual basis to
ensure that required fiscal resources will be available to provide the public facilities needed
to support the adopted level of service standards.
The annual review will be the responsibility of the City Manager, the City Finance Director, the
Local Planning Agency, with assistance by the Growth Management Department. This group's
findings and recommendations will be presented to the Mayor and City Council at a public
meeting. The City Council will then direct staff to take appropriate actions based upon the
review committee's findings and recommendations.
The City, in conducting its annual review of the Capital Improvements Element, will
consider the following factors and will amend the element accordingly:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Any corrections, updates, and modifications concerning costs; revenue sources;
acceptance of facilities pursuant to dedications which are consistent with the element; or
the date of construction of any facility enumerated in the Element;
The Capital Improvement Element's consistency with other elements of the
Comprehensive Plan and its support of the Future Land Use Map;
The priority assignment of existing public facility deficiencies;
The City's progress in meeting those needs determined to be existing deficiencies;
The criteria used to evaluate capital improvement projects in order to ensure that
projects are being ranked in their appropriate order of priority;
The City's effectiveness in maintaining the adopted LOS standards;
The City's effectiveness in reviewing the impacts of plans and programs of state
agencies and water management districts that provide public facilities within the city's
jurisdiction;
The effectiveness of impact fees for assessing new development a pro rata share of the
improvement costs which they generate;
The impacts of special districts and any regional facility 111
upon the City's ability to maintain its adopted LOS standards;
I illid service provision
Efforts made to secure grants of private funds, whenever available, to finance the
provision of capital improvements;
The transfer of any unexpected account balance;
The criteria used to evaluate proposed plan amendments and requests for new
development of redevelopment; and
CAPITAL IMPROVEMENTS 9-18
Draft 04.08.08 NES
13. Capital improvements needed for the latter part of the planning period, for inclusion in
the 5-year Schedule of Improvements.
In an effort to make the annual Comprehensive Plan review efficient and effective, the
Council will require it to be completed prior to the beginning of the annual budgeting process.
All departments within the city will be directed to provide up-to-date information and to make
staff available to assist in the review. Formal recommendations for Comprehensive Plan
amendments will be made in conjunction with the submittal of the annual budget.
CAPITAL IMPROVEMENTS 9-19
r. k
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
PUBLIC SAFETY - EXECUTIVE SUMMARY
Public Safety Element Overview
Per State Statutes, the Public Safety Element is not a required element of the Comprehensive Plan. As part of its
growth management efforts, the City has chosen to include the Public Safety element in its Comprehensive Plan.
The existing element has one Goal that refers to providing adequate facilities to ensure the provision of an effective
and sustainable public safety program. Fire and police safety standards were reviewed, and new standards are
proposed.
The following initiatives are part of the proposed Public Safety Element:
0 Promote alternative funding methods to ensure that new development, and redevelopment pay its
proportionate share of the cost of providing public safety facilities, equipment and land necessitated by the
development. (Objective 10.1.1., Page 10-1, Existing)
Provide public safety facilities in a timely manner to comply with the level of service standards set forth by
this element and to maintain such compliance in subsequent years. (Objective 10.1.2., Page 10-1, Existing)
Assess the impact of the western development area, redevelopment, and future annexation enclaves in
terms of strategies, response time, and facilities for the Fire and Police Department. (Policy 10.1.2.3., Page
10-1, Proposed)
Ensure that FLUE amendments, new developments, and redevelopment meet established LOS standards or
mitigate the identified impacts. (Policy 10.1.2.5., Page 10-2, Proposed)
The following studies or actions are recommended by staf$
,ssess ulb ppqa UI me wemm uevempmor area, reamiopmem, ana NWC annexation
nclaves &it* of s&&tcgits, rcspo& time, and facilities for the Fire and Police
kpartment. miicy 10.1.23., Page lO-lk
PUBLIC SAFETY ELEMENT
Goals. Obiectives and Policies
Goal 10.1.: CONTINUE TO PROVIDE ADEQUATE FACILITIES TO ENSURE THE
PROVISION OF AN EFFECTIVE SUSTAINABL 'UBLIC SAFETY PROGRAM.
Objective 10.1.1.: The City shall continue to promote alternative funding methods to
ensure that new development bd redevelopma pay its proportionate share of the cost of
providing public safety facilities, equipment and land necessitated by the development.
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.
0 b jective 10.1.2 I provida public safety
facilities in a timely manner so as to comply with the level of service standards set forth by
this element and to maintain such compliance in subsequent years.
he City shall
2 the followina response time that have been established by
-4itation DrocbJ.
I. 1.. . *
rhe City shal. YIV.IUV llllclw ulllylFivlluv ,
mice area in six minutes thirtv second or le
'he rural service area shall have an eiht (81 r
lis standard shall be met in eigbtv I 8W1 Dercent of all calls.
-
Polic: !.: The City shall
excee
I
intain an acceptable police service standard index not to
Community
ilized in the urban area. be City shalf support a bala
- officer per year to serve the urban area.
elopment in the eastern ar and future ai xation enclaves in terms of strategies. resnc
ne. and facilities for the Fire and Police Departmen1
Policy 10.1.2.-: The Police and Fire Departments shall report the status of level of service
standards to the City Manager on a quarterly basis.
Policy 10.1.2.m: Per Rule 9J-5.0055(l)(a), FAC, it is not necessary that the level of service
standards established in policies 10.1.2.1-1 0.1.2.3 be met for determination of concurrency, but
PUBLIC SAFETY 10-J
PUBLIC SAFETY 10-2
PUBLIC SCHOOL FACILITIES ELEMENT
GOALS, OBJECTIVES AND POLICIES
'TTV GOAL 11.1.: 1 ASSIST
IN PROVIDING FOR FUTUR 4VAIl BILITY OF PUBLIC _CHOOL FACILITIES
CONSISTENT WITH THE ADOPTED LEVEL OF SERVICE STANDARDS. THIS
GOAL SHALL BE ACCOMPLISHED RECOGNIZING THE CONSTITUTIONAL
OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE A UNIFROM SYSTEM OF
FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS.
Objective 11.1.1.: fl msure that the capacity of schools is sufficient to support student
growth at the adopted level of service standard for each year of the five-year planning
period and through the long term planning period.
Policy 11.1.1.1.: The LOS standard is the school's utilization which is defined as the enrollment
as a percentage of school student capacity based upon the Florida Inventory of School Houses
(FISH). The level of service (LOS) standard shall be established for all schools of each type
within the School District as 110 percent utilization, measured as the average for all schools of
each type within each Concurrency Service Area. No individual school shall be allowed to
operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study
(SCS) undertaken by the School District, working with the Technical Advisory Group (TAG)
which determines that the school can operate in excess of 110% utilization. The SCS shall be
required if a school in the first student count of the second semester reaches 108 % or higher
capacity. As a result of an SCS, an individual school may operate at up to 120% utilization.
Policy 11.1.1.2.: If, as a result of a School Capacity Study (SCS), a determination is made that a
school will exceed 120% utilization or cannot operate in excess of 110% utilization, then the
School District shall correct the failure of that school to be operating within the adopted LOS
through 1) program adjustments 2) attendance boundary adjustments or 3) modifications to the
Capital Facilities Program to add additional capacity. If, as a result of the SCS a determination is
made that the school will exceed 110% and can operate within adopted guidelines, the identified
school may operate at up to 120% utilization. If as a result of one or more School Capacity
Studies that demonstrate that the schools of a particular type can operate at a higher standard
than the 110% utilization standard of the CSA, the Comprehensive Plan will be amended to
reflect the new LOS for that school type in that CSA.
Policy 11.1.1.3.: The School Capacity Study (SCS) shall determine if the growth rate within an
area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an
ongoing trend affecting the LOS for the 5 year planning period. The study shall include data
which shows the extent of the exceedance attributable to both existing and new development.
Notification shall be provided to the local government within whose jurisdiction the study takes
place. At a minimum, the study shall consider:
1.
2. Student population trends;
3.
4. Teachedstudent ratios; and
5. Core facility capacity;
Demographics in the school’s Concurrency Service Area (CSA);
Real estate trends (e.g. development and redevelopment);
Policy 11.1.1.4: The adopted LOS standard shall become applicable to the entire County at the
beginning of the 2004-05 school year, by which time the School District has achieved the
countywide adopted level of service for all schools of each school type. In the interim, Table
11A establishes the tiered level of service standards for each CSA by school type. Individual
schools of each type may exceed the Tiered LOS standards during the period in which Tiered
LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be
allowed to exceed the utilization standards for that school type as shown in the Maximum
Utilization Table of this element (Table 1 1 B).
Table 11A
Standards for Tiered Level of Service
CSA
1
2
3
Elementary 110
I Il0
Middle
High 110
Elementary 110
I 110
Middle
High I125 Ill0
Elementary 1 10
Middle 1 IO
High I25 I20 1 IO
Elementary 1 10
Middle I IO
High 125 120 110
Elementary 110
Middle 1 IO
High 130 I30 1 IO
Elementary 110
Middle 125 120 110
High 125 120 110
I I
Elementary 110
Middle 125 125 1 IO
I I I
High 120 120 1 IO
I I I
Elementary 125 125 110
Middle 125 120 1 IO
High 120 130 110
I I
Elementary 1 IO
Middle 125 125 1 IO
High 120 1 IO
I I
Elementary 1 IO
Middle 125 I IO
High I IO
1 I
Elementary 1 IO
Middle 135 120 1 IO
High 140 120 1 IO
Elementary 115 1 IO
Middle 140 140 1 IO
High 1 I5 I I5 1 IO
I
Elementary 1 IO
Middle 135 135 110
High 120 I20 1 IO
I I
Elementary 130 130 110
Middle 125 125 1 IO
High 150 150 1 IO
Middle
High
18
19
10
11
12
13
Elementary 125 125 1 IO
Middle 140 I40 1 IO
I I I
High 140 120 1 IO
1 I I
Elementary 110
Middle 110
High 1 IO
I 1 I
Elementary 110
Middle 110
High 130 130 1 IO
1 I I
Elementary 110
Middle 1 IO
High 1 IO
I I I
Elementary 110
Middle 110
High 110 120 110
Elementary 110
Middle 110
High 110
Source: Based on data depicted in the Scliool District of Palm Beach County FY2001-FY2005 Five
Year Plan and FY 2001 Capital Budget, June 2000, and tlie actual count of students in the second
semester of the 2000-01 school year.
Table 1lB
MAXIMUM UTILIZATION TABLE:
Standards for Utilization of Capacity
-
CSA
1
4
5
6
8
9
10
Facility Type 2002-03 2003-04 2004-05 12005-06
Elementary 130 130 1 IO
Middle 120
High 120
Elementary 120
Middle 120
High 125 120
Elementary 120
.-
1 I I I
Middle 120
High 125 125 120
Elementary 125 125 120
I I I I
Middle 120
High I30 120 I IO
El em en tary I25 I25 I20
Middle I20
High 130 I30 I20
Elementary 125 125 I20
Middle 135 I30 I20
High 125 125 120
I 1 I I
Elementary 120
Middle 135 I35 I20
High 120
Elementary 130 130 120
Middle 135 130 120
High 130 130 120
Elementary 130 130 120
Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five
Year Plan and FY 2001 Capital Budget, June 2000
Policy 11.1.1.5.: Concurrency Service Areas (CSA) shall be established on a less than district-
wide basis, as depicted on Map S 1.1 and described in the Concurrency Service Area Boundary
Descriptions in the Implementation Section of this element.
1. The criteria for Concurrency Service Areas shall be:
Palm Beach County is divided into twenty- CSAs. Each CSA boundary shall be
delineated considering the following criteria and shall be consistent with provisions in the
Interlocal Agreement:
a. School locations, student transporting times, and future land uses in the area.
b. Section lines, major traffic-ways, natural barriers and county boundaries.
2. Each CSA shall demonstrate that:
a.
the five-year planning period; and
Adopted level of service standards will be achieved and maintained for each year of
b. Utilization of school capacity is maximized to the greatest extent possible, taking
into account transportation costs, court approved desegregation plans and other
relevant factors.
3 Consistent with s. 163.3 180 ?SA boundaries shall be made
only by amendment to the I IPSFEl and shall be exempt
from the limitation on the frequency of plan amendments, Any proposed change to CSA
boundaries shall require a demonstration by the School District that the requirements of
2(a) and (b), above, are met.
Policy 11.1.1.6.: The City of Palm Beach Gardens shall consider as committed and existing the
public school capacity which is projected to be in place or under construction in the first three
years of the School District’s most recently adopted Five Year Plan, as reflected in Table 9B (Six
Year Capital Improvement Schedule) of the Capital Improvement Element of the City of Palm
Beach Gardens’ Comprehensive Plan, when analyzing the availability of school capacity and
making level of service compliance determinations.
Policy 11.1.1.7.: The City of Palm Beach Gardens shall amend Table 9B (Six Year Capital
Improvement Schedule) of the Capital Improvement Element when committed facility capacity
is eliminated, deferred or delayed, to ensure consistency with the School District Five Year Plan.
Policy 11.1.1.8.: For purposes of urban infill and in recognition of the entitlement density
provisions of the City of Palm Beach Gardens’ Future Land Use Element, the impact of a home
on an existing single family lot of record shall not be subject to school concurrency.
Policy 11.1.1.9.: The City of Palm Beach Gardens shall suspend or terminate its application of
School concurrency upon the occurrence and for the duration of the following conditions:
1,
2.
School concurrency shall be suspended in all CSAs upon the occurrence and for the
duration of the following conditions:
The occurrence of an “Act of God”; or
The School Board does not adopt an update to its Capital Facilities Plan by
September 15th of each year; or
The School District’s adopted update to its Capital Facilities Program Plan does
not add enough FISH capacity to meet projected growth in demand for
permanent student stations at the adopted level of service standard for each CSA
and ensures that no school of any type exceeds the maximum utilization standard
in any CSA; or
The School District Capital Facilities Plan is determined to be financially
infeasible as determined by the State Department of Education, or as defined by
the issuance of a Notice of Intent to Find an Amendment to a Capital
Improvement Element not in compliance as not being financially feasible, by the
Department of Community Affairs; or by a court action or final administrative
action; or
If concurrency is suspended in one-third or more of the CSAs pursuant to Policy
1 1.1.1.9 below.
0
0
School Concurrency shall be suspended within a particular CSA upon the occurrence
and for the duration for the following conditions:
Where an individual school in a particular CSA is twelve or more months behind
the schedule set forth in the School District Capital Facilities Plan, concurrency
will be suspended within that CSA and the adjacent CSAs for that type of school;
or
The School District does not maximize utilization of school capacity by allowing
3.
4.
a particular CSA or an individual school to exceed the adopted Level of Service
(LOS) standard; or
Where the School Board materially amends the first 3 years of the Capital
Facilities Plan and that amendment causes the Level of Service to be exceeded
for that type of school within a CSA, concurrency will be suspended within that
CSA and the adjacent CSAs only for that type of school.
The County shall maintain records identifying all Concurrency Service Areas in
which the School District has notified the County that the application of concurrency
has been suspended.
Once suspended, for any of the above reasons, concurrency shall be reinstated once
the Technical Advisory Group (TAG) determines the condition that caused the
suspension has been remedied or the Level of Service for that year for the affected
CSAs have been achieved.
5. If a Program Evaluation Report, as defined in the Interlocal Agreement, recommends
that concurrency be suspended because the program is not working as planned,
concurrency may be suspended upon the concurrence of 33% of the PARTIES
signatories of the “Palm Beach County Interlocal Agreement with Municipalities of
Palm Beach County and the School District of Palm Beach County to establish
Public School Concurrency”.
6. Upon termination of the Interlocal Agreement the County shall initiate a
Comprehensive Plan Amendment to terminate school concurrency.
Objective 11.1.2.: !Ilow for Palm Beach County School District to provide for
mitigation alternatives ,,nich are financially feasible and will achieve and maintain the
adopted level of service standard in each year of the five-year planning period.
Policy 11.1.2.1.: Mitigation shall be allowed for those development proposals that cannot meet
adopted level of service standard. Mitigation options shall include options listed below for
which the School District assumes the operational responsibility and which will maintain the
adopted level of service standards for each year of the five-year planning period.
’ Donation of buildings for use as a primary or alternative learning facility;
and/or
Renovation of existing buildings for use as public school facilities; or
Construction of permanent student stations or core capacity.
2.
3.
The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of
age or older, shall demonstrate that there are no adverse impacts on sites listed in the National
Register of Historic Places or otherwise designated in accordance with appropriate State
guidelines as locally significant historic or archaeological resources.
Policy 11.1.2.2.: Level of Service (LOS) standards shall be met within the CSA for which a
development is proposed, or by using capacity from adjacent CSAs; otherwise mitigation
measures shall be required for development order approval.
Objective 11.1.3.:
consistent with the adopted level of service standard.
nsure existing deficiencies and future needs are addressed
Policy 11.1.3.1.: The City of Palm Beach Gardens, in coordination with the School District and
other local governments, shall annually amend Table 9B of the Capital Improvement Element
(School District of Palm Beach County Six-Year Capital Improvement Schedule), to maintain
consistency with the School Board’s adopted Five Year Plan and to maintain a financially
feasible capital improvements program and ensure that level of service standards will continue to
be achieved and maintained in each year of the five year planning period.
Objective 11.1.4. &Establish a process of coordination and collaboration between the
County, local governments, and the School District in the planning and siting of public
school facilities in coordination with planned infrastructure and public facilities.
Policy 11.1.4.1.: The City of Palm Beach Gardens shall coordinate and provide for expedited
review of development proposals with the School District during the development review
process to ensure integration of public school facilities with surrounding land uses and the
compatibility of uses with schools.
Policy 11.1.4.2.: There shall be no significant environmental conditions and significant historical
resources on a proposed site that can not be mitigated or otherwise preclude development of the
site for a public educational facility.
Policy 11.1.4.3.: The proposed site shall be suitable or adaptable for development in accordance
with applicable water management standards, and shall not be in conflict with the adopted or
officially accepted plans of the South Florida Water Management District, or any applicable
Stormwater Utility or Drainage District.
Policy 11.1.4.4.: The proposed location shall comply with the provisions of the Coastal
Management Element of the comprehensive plan, if applicable to the site.
Policy 11.1.4.5.: The City of Palm Beach Gardens shall encourage the location of schools
proximate to urban residential areas by:
Assisting the School District in identifying funding and/or construction opportunities
(including developer participation or City capital budget expenditures) for sidewalks,
traffic signalization, access, water, sewer, drainage and other infrastructure
improvements;
Providing for the review for all school sites as indicated in Policy 1 1.1.4.1 above;
and,
Allowing schools as a permitted use within all urban residential land use categories.
0
Policy 11.1.4.6.: The City of Palm Beach Gardens shall coordinate with the School District for
the collocation of public facilities, such as parks, libraries, and community centers with schools,
to the extent possible, as sites for these public facilities and schools are chosen and development
plans prepared.
0 bjective 1 1.1.5.: ,stablish and maintain a cooperative relationship with the School
District and municil ities in coordinating land use planning with development of public
school facilities which are proximate to existing or proposed residential areas they will
serve and which serve as community focal points.
Policy 11.1.5.1.: The City of Palm Beach Gardens shall abide by the “Palm Beach County
Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm
Beach County to establish Public School Concurrency”, which was fully executed by the parties
involved and recorded with the Clerk of the Circuit Court of Palm Beach County on January 25,
2001, consistent with ss.163.3177(6)(h)l.and 2. F.S. and 163.3180 F.S.
Policy 11.1.5.2.: The Technical Advisory Group (TAG) shall be established by the County,
participating local governments, and the School District. The five member TAG will be
comprised of a Certified Public Accountant, a General Contractor, a Demographer, a Business
Person, and a Planner, nominated by their respective associations as indicated in the Interlocal
Agreement to establish Public School Concurrency mentioned in Policy 1 1.1.5.1 above. The
Technical Advisory Group shall review and make recommendations including but not limited to
the following:
1. The Capital Facilities Plan;
2.
3.
4. Concurrency Service Areas boundaries;
5.
6.
7. Program Evaluation Reports.
The Ten and Twenty Year work programs;
Schools that trigger a School Capacity Study;
School District Management Reports; and
Operation and effectiveness of the Concurrency Program;
Policy 11.1.5.3.: The City of Palm Beach Gardens shall provide the School District with annual
information needed to maintain school concurrency, including information required for the
School District to establish:
1 .School siting criteria;
2.Level of service update and maintenance;
3 .Joint approval of the public school capital facilities program;
4.Concurrency service area criteria and standards; and
5.School utilization.
Policy 11.1.5.4.: The City of Palm Beach Gardens shall coordinate its comprehensive plan and
the Future Land Use Map with the School District’s long range facilities maps (S 3.1, S 3.2, S
3.3, and S 3.4), to ensure consistency and compatibility with the provisions of this Element.
Policy 11.1.5.5.: The City of Palm Beach Gardens shall advise the School District of a proposed
public school site’s consistency with the City of Palm Beach Gardens’ Comprehensive Plan and
land development regulations, including the availability of necessary public infrastructure to
support the development of the site.
Policy 11.1.5.6.: The City of Palm Beach Gardens shall provide opportunity for the School
District to comment on comprehensive plan amendments, rezonings, and other land-use
decisions which may be projected to impact on the public schools facilities plan.
Policy 11.1.5.7.: The City of Palm Beach Gardens shall coordinate with local governments and
the School District on emergency preparedness issues which may include consideration of:
1. Design and/or retrofit of public schools as emergency shelters;
2. Enhancing public awareness of evacuation zones, shelter locations, and
evacuation routes;
3. Designation of sites other than public schools as long term shelters, to allow
schools to resume normal operations following emergency events.
lanes, traffic calming and signalization by --:ntifying existing, conditions within a minimum
ndards and a ulan to imurove
Objective 11.1.6.: btablish a joint process of coordination and collaboration between
the City of Palm beach Gardens, Palm Beach County, and the School District in the
planning and decision making on population projections.
Policy 11.1.6.1.: The City of Palm Beach Gardens provide updated future land use maps to the
County for the conversion of the BEBR projections into both existing and new residential units
and disaggregate these units throughout incorporated and unincorporated Palm Beach County
into each CSA, using BEBR’s annual estimates by municipality, persons-per-household figures,
historic growth rates and development potential. These projections are shown in Exhibit E of the
Interlocal Agreement as “Projected Units Table” which shall be amended annually and provided
to the School District.
Policy 11.1.6.2.: The City of Palm Beach Gardens commits to working with the School District
and Palm Beach County to improve this methodology and enhance coordination with the plans of
the School District and local governments. Population and student enrollment projections shall
be revised annually to ensure that new residential development and redevelopment information
provided by the municipalities and the County as well as changing demographic conditions are
reflected in the updated projections. The revised projections and the variables utilized in making
the projections shall be reviewed by all signatories through the Intergovernmental Plan
Amendment Review Committee (IPARC). Projections shall be especially revisited and refined
with the results of the 2000 Census. The responsibilities of local governments and the School
District on population projections are described in Section VIII-B of the Interlocal Agreement.
ilicv 11.1.6.3 dinate ---
Palm Beach County to share data on an annual basis in order to improve the process, as Dro ed
for in the Palm Beach County Public School Concurrency Interlocal Ameement. to develor,
pomlation Proiections for hture school needs. Specificallv. the City shall provide the followii
11 development woiects within its municitlal boundaries Formation regarding new reside]
= I Sc 01 District bu October 1st
ondo. loft & other
roposing to build;l
'he number of Cerhn~ares 01 wcr;upaney issueu ~n aceorcuance with the ru
:oncurrency Interlocal Aweement. as amended (on April 1 st and October * nC'
'he number of am :d dwc ownf . .# IP units by twe (s:
nbt .. . * .* L a- m
nfonnation on the c
- r stoDped.
w ~licv 11.1.6.4.: ' : City shall coordinate with all parties of the Palm Beach County Pub
:hool Interlocal Agreement in the event it is determined by the City that an amendment t
reement is necessary, based on the annual evaluation of coordinating residential developme
th school capaci
11. IMPLEMENTATION SECTION
Concurrency Service Area (CSA) Boundary Description
The Palm Beach County School District is divided into twenty one CSAs for school
concurrency. The Palm Beach County School CSA boundaries are described in the following
pages as bounded by Section lines, major traffic-ways, natural barriers and county boundaries
consistent with s. 163.3 180( 13)(c)2.,F.S. Changes to the CSA boundaries shall be made by plan
amendment and exempt from the limitation on the frequency of plan amendments.
CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY:
#1
NORTH -The Martin / Palm Beach County Border
SOUTH -Donald Ross Rd
EAST -The Atlantic Ocean
WEST -Florida's Turnpike
#2
NORTH -The Martin / Palm Beach County Border
SOUTH -Donald Ross Rd and the South Section Line
of Sections (using T-R-S) 41 -42-2 1,41-42-20,
41-42-19,41-41-24, and 41-41-23, then Southwest
along the centerline of the C- 18 canal to
the Bee Line Hwy
EAST -Florida's Turnpike
WEST -Bee Line Hwy
#3
NORTH -Donald Ross Rd
SOUTH -The South Section Line of Sections (using T-R-S)
42-43-10,42-43-09,42-43-08,42-43-07, and 42-42-12,
East of Military Trl, then South along Military Trl to
Northlake Blvd, then West along Northlake Blvd to
Florida's Turnpike
EAST -The Atlantic Ocean
WEST -Florida's Turnpike
#4
NORTH -The South Section Line of Sections (using T-R-S)
41 -42-21,41-42-20,41-42-19, 41 -41 -24, and 41 -41 -23,
then Southwest along the C-18 Canal to the Bee
Line Hwy, then Northwest along the Bee Line Hwy
until the intersection of Bee Line Hwy and the
West Section Line of Section 4 1-4 1 - 1 8
Grapeview Blvd to the South Section Line of Section
(using T-R-S) 42-41-08, then West along the South
Section Line of Sections 42-41 -08 and 42-4 1-07
SOUTH -Northlake Blvd West to Grapeview Blvd, North along
EAST -Florida's Turnpike
WEST -The West Section Line of (using T-R-S) 4 1-41 - 18
South of the Bee Line Hwy, and the West Section
Lines of Sections 41-41-19,41-41-30,41-41-31,
42-4 1-06, and 42-41 -07
#5
NORTH -The South Section Line of Sections (using T-R-S)
42-43-1 0,42-43-09,42-43-08,42-43-07, and
42-42-1 2 West to Military Trl
42-43-34,42-43-33,42-43-32,42-43-3 I, and
42-42-36 West to Military Trl
SOUTH -The South Section Line of Sections (using T-R-S)
EAST -The Atlantic Ocean
WEST -Military Trl
#6
NORTH -Northlake Blvd
SOUTH -The South Section Line of Sections (using T-R-S)
42-42-36 West of Military Trl, 42-42-35,
42-42-34,42-42-33,42-42-32, and 42-42-3 1
EAST -Military Trl
WEST -The West Section Line of Sections (using T-R-S)
42-42-18,42-42-19,42-42-30, and 42-42-3 1
#8
NORTH -The South Section Line of Sections (using T-R-S)
42-43-34,42-43-33,42-43-32,42-43-3 1, and
42-42-36 West to Military Trl
SOUTH -The North Line of the South Half of Sections
(using TRS) 43-43-23,43-43-22,43-43-21,
43-43-20,43-43-19, and 43-42-24 East of
Military Trl
EAST -The Atlantic Ocean
WEST -Military Trl
#9
NORTH -The South Section Line of Sections (using T-R-S)
42-42-36 (West of Military Trl), 42-42-35,
42-42-34, 42-42-33,42-42-32, and 42-42-3 1
(using TRS) 43-42-24 West of Military Trl,
and 43-42- 19
EAST -Military Trl
WEST -The West Section Line of Sections (using T-R-S)
SOUTH -The North Section Line of Sections
43-42-23,43-42-22,43-42-21,43-42-20,
43-42-06,43-42-07,43-42-18, and 43-42-19
North of the South Line of the North Half
#10
NORTH -Northlake Blvd West to Grapeview Blvd, North along
Grapeview Blvd, then West along the South
Section Line of Sections (using T-R-S) 42-41 -08,
and 42-41 -07, then South along the West Section
Line of 42-4 1 - 18 until intersecting with the
Canal generally delimiting the Northern extent of
The Acreage and the Southern extent of the J. W.
Corbett preserve, West along the centerline of
the Canal through the center of Sections
42-40- 1 3,42-40- 14,42-40- 1 5,42-40- 1 7, and
42-40-1 8, then North along the East Section Line
of Section 42-39-1 3 to the North Line of the
South Half of Section 42-39-13, then West along
the North Line of the South Half of Section
42-39- 13 to the West Section Line of
Section 42-39- 13
SOUTH -Southern Blvd West of 441, West to the West
Section Line of Section (using T-R-S) 43-40-33
EAST -The East Section Line of Sections (using T-R-S)
43-4 1-0 1,43-41- 12,43-41- 13,43-4 1-24,43-4 1-25,
and 43-41-36 South to Southern Blvd
of Section (using T-R-S) 42-40-3 1 and West of the
West Section Line of Section 43-40-08, the
West Section Line of Section 43-40-08 South
of the L-8 Canal, the West Section Line of
Sections 43-40-16,43-40-21,43-40-28, and
43-40-33 South to Southern Blvd.
WEST -The L-8 Canal South of the South Section Line
#I1
NORTH -The North Line of the South Half of Sections
(using TRS) 43-43-23,43-43-22,43-43-21,
43-43-20,43-43-19, and 43-42-24 East of
Military Trl
SOUTH -The South Section Line of Sections (using T-R-S)
44-43-02,44-43-03,44-43-04,44-43-05,
44-43-06, and 44-42-01 East of Military Trl
EAST -The Atlantic Ocean
WEST -Military Trl
#12
NORTH -The North Section Line of Sections
(using TRS) 43-42-24 West of Military Trl,
and 43-42-1 9
44-42-01 West of Military Trl, 44-42-02,
44-42-03,44-42-04,44-42-05, and 44-42-06
43-42-23,43-42-22,43-42-21, 43-42-20,
SOUTH -The South Section Line of Sections (using T-R-S)
EAST -Military Trl
WEST -The West Section Line of Section (using T-R-S)
43-42- 19 South of the North Line of the South Half,
and State Rd 7
#14
NORTH -The South Section Line of Sections (using T-R-S)
44-43-02,44-43-03,44-43-04,44-43-05,
44-43-06, and 44-42-01 East of Military Trl
SOUTH -The South Section Line of Sections (using T-R-S)
44-43-26,44-43-27,44-43-28,44-43-29,44-43-30,
and 44-42-25 East of Military Trl
EAST -The Atlantic Ocean
WEST -Military Trl
#15
NORTH -The South Section Line of Sections (using T-R-S)
44-42-01 West of Military Trl, 44-42-02,
44-42-03,44-42-04,44-42-05, and 44-42-06
SOUTH -The L-14 Canal
EAST -Military Trl
WEST -State Rd 7
#16
NORTH -Southern Blvd West of 441, West to the West
Section Line of Section (using T-R-S) 43-40-33
SOUTH -The South Section Line of Sections (using T-R-S)
44-41-29, and 44-41-30 East of the L-40 Canal
44-4 1-25,44-41-26,44-41-27,44-4 1-28,
EAST -U.S. Hwy 441 / State Rd 7
WEST -The L-40 Canal and the West Section Line of
Section 43-40-33 South of Southern Blvd
#17
NORTH -The South Section Line of Sections (using T-R-S)
44-43-26,44-43-27,44-43-28,44-43-29,44-43-30,
44-42-25,44-42-26, and 44-42-27 East of Jog Rd
SOUTH -The Boynton Canal
EAST -The Atlantic Ocean
WEST -JogRd
#18
NORTH -The L- 14 Canal West to the Florida Turnpike,
then North along the Turnpike to the South
Section Line of Section (using T-R-S)
44-41 -29, then West along the South Section
Line of Sections 44-42-30,44-41-25,44-41-26,
44-41-27,44-41-28, 44-41-29 and 44-41-30 East
of the L-40 Canal
SOUTH -The Boynton Canal
WEST -The L-40 Canal
EAST -JogRd
#19
NORTH -The Boynton Canal
SOUTH -The South Section Line of Sections (using T-R-S)
46-43-03,46-43-04,46-43-05,46-43-06,
46-42-01,46-42-02,46-42-03, 46-42-04,
46-42-05, 46-42-06, State Rd 7 South to
the South Section Line of Section 46-4 1-0 1,
West along the South Section Line of Section
46-41-01 extended to the L-40 Canal
EAST -The Atlantic Ocean
WEST -The L-40 Canal
#20
NORTH -The South Section Line of Sections (using T-R-S)
46-43-03,46-43-04,46-43-05,46-43-06,
46-42-01,46-42-02,46-42-03,46-42-04,
46-42-05,46-42-06, State Rd 7 South to
the South Section Line of Section 46-41-01,
West along the South Section Line of Section
46-4 1-0 1 extended to the L-40 Canal
SOUTH -The South Section Line of Sections (using T-R-S)
46-43-28,46-43-29,46-43-30,46-42-25,
46-42-26,46-42-27,46-42-28,46-42-29,
46-42-30,46-41-25, and 46-42-26 East
of the L-40 Canal, the portion of the line
formed by these Section Lines West of 1-95
generally approximates the C- 1 5 Canal
EAST -The Atlantic Ocean
WEST -The L-40 Canal
#2 1
NORTH -The South Section Line of Sections (using T-R-S)
46-43-28,46-43-29,46-43-30,46-42-25,
46-42-26, 46-42-27,46-42-28,46-42-29,
46-42-30,46-41-25, and 46-42-26 East
of the L-40 Canal, the portion of the line
formed by these Section Lines West of 1-95
generally approximates the C- 15 Canal
SOUTH -The Palm Beach / Broward County Border
EAST -The Atlantic Ocean
WEST -The L-40 and L-36 Canals
#22
NORTH -The Martin / Palm Beach County Border
SOUTH -The Palm Beach / Broward County Border
EAST -From the Martin / Palm Beach County Border,
the Bee Line Hwy South to the West Section Line
(using T-R-S) of 41-41-1 8, the West Section
Lines of Sections 41-41-18, 41-41-19,
4 1-4 1-30,4 1-4 1 -3 1,42-4 1-06,42-4 1-07,
and 42-41 -1 8 until intersecting with the Canal
generally delimiting the Northern extent of The
Acreage and the Southern extent of the J. W.
Corbett preserve, West along the centerline of
the Canal through the center of Sections
42-40- 1 3,42-40- 14,42-40- 1 5,42-40- 1 7, and
42-40-1 8, then North along the East Section Line
of Section 42-39-1 3 to the North Line of the
South Half of Section 42-39-13, then West along
the North Line of the South Half of Section
42-39-13 to the West Section Line of
Section 42-39-13, then South along The West
Section Line of South Half of Section
42-39-1 3, The West Section Line of Sections
42-39-24,42-39-25, and 42-39-36
North of the L-8 Canal, the L-8 Canal South
to the West Section Line of Section 43-40-08,
then South along The West Section Lines of
Sections 43-40-08 South of the L-8 Canal,
43-40-16,43-40-21,443-40-28, and 43-40-33,
then South along the L-40 Canal and the
L-36 Canal to the Palm Beach / Broward
County Border.
WEST -The Shoreline of Lake Okeechobee South
to the South Section Line of Section
(using T-R-S) 41-37-22, East along the
South Section Line of Sections
43-37-22, and 41-37-23, then South along
the East Section Line of Sections
42-37-14, 42-37-23,42-37-26, and
42-37-35, then West along the South
Section Line of Section 42-37-35 to the
East Section Line of Section 43-37-02, then
South along the East Section Line of Sections
43-37-26, and 43-37-35, then in a Southerly
direction to the East Section Line of
Section 44-37-02, then South along the
East Section Line of Sections 44-37-02,
44-37-1 1,44-37-14, and 44-37-23 to the
L-16 Canal, then West along the L-16 Canal
and the L-21 Canals, also referenced as the
Bolles Canal, to the West Section Line of
Section 44-35-34, then North along the West
41-37-26,41-37-35,42-37-02, 42-37-1 1,
43-37-02,43-37-11, 43-37-14,43-37-23,
Section Line of Sections 44-35-34,44-35-27,
43-35-34, and 43-35-27 to the Shoreline of
Lake Okeechobee, then Westerly along the
Shoreline of Lake Okeechobee to the Palm
Beach / Hendry County Border, South along
the Palm Beach / Hendry County Border to the
44-35-22,44-35-15,44-35-10,44-35-03,
Palm Beach / Broward County Border
#23
NORTH -The South Section Line of Sections (using T-R-S)
SOUTH -The L-16 and L-21 Canals, also referenced as
EAST -The East Section Line of Sections (using T-R-S)
43-37-22 East of Lake Okeechobee, and 41-37-23
the Bolles Canal
41-37-26,41-37-35,42-37-02,42-37-11,
42-37-14,42-37-23,42-37-26, and
42-37-35, then West along the South
Section Line of Section 42-37-35 to the
East Section Line of Section 43-37-02,
then South along the East Section Lines of
Sections 43-37-02,43-37-11,43-37-14,
43-37-23,43-37-26, and 43-37-35,
then in a Southerly direction to the
East Section Line of Section 44-37-02,
then South along the East Section Line
of Sections 44-37-02,44-37-11,44-37-14, and
44-37-23 to the L- 16 Canal
43-35-27 South of the Shoreline of Lake
Okeechobee, 43-35-34,44-35-03,44-35-10,
44-35-15,44-35-22,44-35-27, and 44-35-34
South to the L-21 or Bolles Canal
WEST -The West Section Line of Sections (using T-R-S)
DEFINITIONS TO BE ADDED TO THE PUBLIC SCHOOLS
FACILITIES ELEMENT
The following definitions have been added to the element to comply with the minimum criteria
for the Public School Facilities Element for school concurrency and are consistent with Rule 9J-
5.025(1), F.A.C.
DEFINITIONS
ANCILLARY PLANT - Facilities to support the educational program, such as
warehouses, vehicle maintenance, garages, and administrative buildings.
CORE FACILITY - Those facilities which include the media center, cafeteria, toilet
facilities, and circulation space of an educational plant.
DISTRICT SCHOOLS - All District owned regular, elementary, middle, high schools,
magnet and special educational facilities.
EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary
plants and the determination of future needs to provide an appropriate educational
program and services for each student.
FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent
school capacity. The FISH capacity is the number of students that may be housed in a
facility (school) at any given time based on using a percentage of the number of existing
satisfactory student stations and a designated size for each program according to s.
235.15, Florida Statutes. In Palm Beach County, permanent capacity does not include the
use of relocatable classrooms (portables).
PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR “CONCURRENCY
SERVICE AREA” - The specific geographic area adopted by local governments, within a
school district, in which school concurrency is applied and determined when concurrency
is applied on a less than district-wide basis.
MAP SERIES
The following maps have been incorporated into the City’s Comprehensive Plan and are part of
the Comprehensive Plan Map Series.
s 1.1
s 2.1
S 3.1
S 3.2
S 3.3 and s 3.4
The Concurrency Service Areas (CSA).
Existing location of public school facilities by type and existing location
of ancillary plants. - School Facility Locations
Future conditions map depicting the planned and confirmed sites of public
school facilities by type and ancillary plants by year for the five-year
planning period - Planned Additional Capacity (Confirmed Sites)
Future conditions map depicting the general location of planned schools
facilities without confirmed sites and ancillary plants by year for the five-
year planning period - Planned Additional Capacity (Unconfirmed Sites)
Future conditions maps depicting the general location of planned school
facilities for the end of the long range planning period based on projected
Additional Facility Demand.
EAR- BASED COMPREHENSIVE PLAN AMENDMENT
ECONOMIC DEVELOPMENT ELEMENT - EXECUTIVE SUMMARY
Economic Development Element Overview
The Economic Development Element has a single goal; to achieve sustainable economic development through a
balanced and diversified economy. Staff recommends promoting mass transit to consolidate the City's position as a
regional destination.
The following initiatives are part of the proposed Economic Development Element:
Maintain and expand a diversified economy by encouraging growth in targeted cluster industries that
provide high-wage employment. (Objective 13.1.1., Page 13-1, Existing)
Support efforts to increase the number, viability and growth of small enterprises to hrther strengthen and
diversify the economy. (Objective 13.1.2., Page 13-2, Existing)
Provide leadership to the ongoing efforts to improve the public education system (Objective 8.1.3., Page
13-3, Existing)
Maintain the quality of the City's balance between man-made and natural environment as a means of
attracting target industries. (Objective 13.1.4., Page 13-3, Existing)
ECONOMIC DEVELOPMENT ELEMENT
Goals, Obiectives and Policies
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS
TO ACHIEVE USTAINABLE ECONOMIC DEVELOPMENT THROU
CITY'S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT
NATURAL RESOURCES.
BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE
nb'ective 13.1.1.: P
daintain and expand a diversified eca---&ubGzL- -b--ig growth targeted cluster
industries that provide high-wage employment and complement changing economic
conditions by supporting existing businesses and by retaining and improving resource-
based sectors, such as tourism, retirement, and recreation.
Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries
such as biotechnology, communications, information technology, medical products, marine
biology, aerospace research, and associated ancillary businesses.
Policy 13.1.1.2.: The City shall assist the retention and growth of existing businesses within the
City, particularly those that provide high-wage employment or that support or complement those
employment sectors.
Policy 13.1.1.3.: The City shall conserve and enhance the natural and recreational resources that
provide the foundation of the City's retirement, recreation, and tourist based economic sectors.
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 future needs of a diversified
economy.
Policy 13.1.1.5.: The City shall monitor and report
regarding increases in the employment and average wagt- .or targeted industries.
,,,momic growth
Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and facilitate the
expansion and relocation of target industries in the City, including, but not limited to:
Implement a targeted expedited permitting program for companies that are expanding
operations or moving into the City so that value-added employment may be created at a
faster pace; and
ECONOMIC DEVELOPMENT 13-1
Continuing to review land development processes to determine where opportunities for
streamlining the approval process can be accomplished; and
Continuing to work with the Office of Tourism, Trade and Economic Development to
facilitate expedited review of qualifying projects; and
Continuing to improve working relationships between government and the business
community and support the economic development efforts of private organizations.
Policy 13.1.1.7.: me City shall adopt and maintain land development regulations that
provide incentives for the development of Bioscience Uses (as defined in the Future Land Use
Element) and encourage the clustering of those uses within the City and particularly within the
BRPO (as defined in the Future Land Use Element).
Policy 13.1.1.8.: The City shall ensure that -- --'eq~-~- amount of land is designated and zon-'
tn ra+egcA- that permit Bioscience Use. w
wide nerr.entfiue rfinue nf
licv 1: J.9.: Bv 2010, the City shall assess land use. tranwortaticnd business patterns ai
1211. 1J. 1.1..
El+-
..-
. .~ Obje+ilie 1.
enterprises to further strengthen and diversify the economy.
mupport efforts to tess
The City shall collect, emwe I related to small business upportunity, and minority and womm
md disseminate information brovia
business enterprises.
Policy 13.1 The City shall support small businesses
encouraging thl participation in City-funded projects.
Policy
City departments for the relocation or expansion of established small businesses.
13.1.2. The City shall facilitate productive support and assistance within all
ECONOMIC DEVELOPMENT 13-2
Objective I
&ovidc mt-, __ the ongoing efforts to improve the --___ educa.., 2m in
rage industa to locate or expand in Palm Beach Gardens1
' participation of business, economic, and educational leaders and institutions
in this effort.
Policy x3.1.1 The City shall encourage education and training institutions to
provide education and research programs that meet the needs of targeted cluster industries, and
encourage supplemental education to support existing businesses and programs to stimulate new
business development.
-
Policy I The City shall strengthen its relationships with local higher education
institutions, such as Palm Beach Community College and Florida Atlantic University, by
providing opportunities for faculty and students to participate in City programs that encourage
economic development and education.
Policy 1% mi The City shall support the location of high school, vocational,
universities, and research and development training institutions proximate to economic
development centers in the City, and support high school, vocational school, universities, and
research and development training programs oriented to preparing students for success in
targeted economic development sectors.
n bj ec tivp H I intain the qualitj -f etween man-made and natural
environments as a means of attracting and maintaining target industries and retaining a
healthy foundation for its economy.
Policy I - -1.4.1.:1 The City shall encourage balance and growth in retail trade and
services by continuing to support existing regional retail services while implementing planned
growth patterns to foster neighborhood-based services to serve local needs.
Policy I The City shall accommodate balanced growth and housing needs of
the City's labor force by encouraging the availability of attainable housing to persons earning a
livelihood or choosing to reside in Palm Beach Gardens.
,3.: The City shall maintain adequate infrastructure to accommodate
managed growth.
Policy L3.1.4. The City shall continue to provide for attractive open spaces and
sustainame natural environments that enhance the quality of life in the City and protect the
functions of important regional environmental resources.
ECONOMIC DEVELOPMENT 13-3
Bioscience Research Protection Overlay (BRF to dedicate connections provide PQQ-P*
for sumortive infi-astructure soecific to bioscience research, such as nrnnane pas lines
dicv 13.1.4.7.: BY 2011, the City shall identify sites that foster the develoDment of u
)oratories and other research facilities which are location sensitive and require extensive Dublicl
,ency coordination and Drivate investment.l
ECONOMIC DEVELOPMENT 13-4
PROCEDURES FOR ACCOMPLISHING MONITORING
AND EVALUATION REQUIREMENTS
Introduction
addresses the requirements and procedures that will be followed in the - I-year Evaluation and Appraisal Report (EAR) for the city of I
005 (7) Florida Administrative Code (FAC) ks-bee~
preparation of the required
Palm Beach Gardens. Section
referenced in preparing this sectiod. The City
1st rec it ed Ion ot tl :omprehensii 'lan, to the Department of Communit
ghe EAR founi' iffi * itb --"-
submia the EAR, which evaluate
I,.
ill be adopted BY ~iw Louncii-
L" vu 11. 1 ne EAR-based Commehensive PI
enbent Drocess begins aRer DCA determines sufliciencv of the adoDted EAR. The
~lllGll~t~ '---~smitted tc nn
aa&a@Ml hednnted within 18 mnnthc ofthe cliffiriPnrynotifiration. - llnlecc nCA orants -
ex@nsion of tiwe.1
Citizen Participation
Citizr Jarticipation and input will play an important role in the preparation and adoption of t-
Citv shall ensure that ~ublic DarticiDation is incorporated into every lohase of the EP
After a draft of the EAR
has been to the Local Planning Agency (LPA) in at least one advertised
public --- 7 hearing. Any citizens with comments on the EAR will
be alluded to speak during this nl4ng. The LPA will then forward the EAR with a
recommendation for approval to the City Council. The City Council must adopt the EAR in an
advertised public hearing within 90 days following receipt of it from the LPA. Following adoption
the City Council will then forward the EAR to the Department of Community Affairs (DCA) for
their review.
'
Data Update
Baseline data used in the preparation of the plan will be reviewed. The EAR will recommend which
data should be changed, updated, add< 3r deleted. In addition, measurable objectives which were
to be followed during the preceding #ke 2 years of the plan will be reviewed. Those objectives
which need to be revised will be identified.
MONITORING & EVALUATION 11-1
Accomplishments
All of the plan's goals, objectives, and policies (GOPs) will be reviewed and the degree to which they
have been successfully accomplished will be noted. This information may be presented in the form
of a graph or matrix.
Negative Influences
Obstacles or problems which negatively affected the degree to which some GOPs were implemented
will be identified. These may be outside factors which the city cannot control, such as national
economic trends or severe weather conditions. The potential for re-occurrence of these factors will
be determined.
Revisions to GOPS
Following the identification of deficiencies in the GOPs or changed conditions which affected the
i but th GOPs, new or revised GOPs will be recommended. These will r
..,:11 L,. -onside---' -2d included a- -art -= the plan upd-'-ml ne rewmmmum revisions WIII
' 1 P.. ' '
wlated inlv L1lb alan 18 montllJ air61 LA finds the huupted EAR sufficient. The ineorporatiu~~
accomplishments, and updated data identified in the previous sections.
Monitoring and Evaluation
The city's Comprehensive Plan is a dynamic document which needs to be continuouslyreviewed. As
conditions and influences change, so should the plan.
At least once a year, the plan will be reviewed in several ways. First, the baseline data will be
reviewed including economic assumptions and financial information. This will include a thorough
review of the Capital Improvements Element and any infrastructure improvements which have been
made.
Next, a cursory review of the GOPs will be made to identify any major deficiencies. If major
deficiencies are found. the plan will be amended. Otherwise, any minor problems will be noted for
inclusion in the myear EAR.
Finally, the Future Land Use Element, including the Future Land Use Map, will be reviewed for
consistency with the rest of the plan and any land development which may have occurred. This
effort will include a review for consistency with the city's zoning ordinance and other land use
regulations.
MONITORING & EVALUATION 11-2
7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 16, 2008
Meeting Date: June 5, 2008
Resolution 33, 2008
SubjecUAgenda Item: Resolution 33, 2008, amending the Fiscal Year 2007/2008 Fees
and Charges Schedule and establishing the Fiscal Year 2008/2009 Fees and Charges
Schedule
[ X ] Recom mendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attor y #
Finance Di c or &
Submitted by:
Allan Ow
Department Director
=J=LRnw-ca City Manager
Originating Dept.:
Finance
Advertised:
[ X ] Not Required
Affected parties
[ ] Notified
[XI Not required
Costs:$ 0
(To tal)
$0 Current FY
Funding Source:
[ ] Operating
[ 1 Other
Budget Acct.#:
~~
Council Action:
[ ] Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 33, 2008
Master Fees and
Charges Schedule
[ ]None
Date Prepared: May 16,2008
Meeting Date: June 5,2008
Resolution 33, 2008
BACKGROUND:
Each year the City reviews its Master Fees and Charges Schedule and adopts
adjustments or revisions to the schedule by resolution. Resolution 33, 2008 approves
modifications to the FY 2007/2008 City of Palm Beach Gardens Master Fees and
Charges Schedule. This schedule includes recommended changes from each
department to ensure that fees charged are sufficient to cover the costs of providing
services.
In addition to the normal annual review, staff earlier this year undertook the task of
reviewing all of the functions and processes involved in the development process.
These included planning, development compliance, building permit issuance, billing and
collection of development review expenses, and code compliance. The goal of this
review was to streamline, coordinate, and integrate all of the individual processes into
the City’s Eden permit module software system. As a result of this review, it became
apparent that certain costs were being incurred that were not being fully recovered with
the current Fees and Charges Schedule. In addition, staff discovered that the
capabilities of the Eden software system were not being fully utilized, which created
opportunities to streamline and greatly simplify the calculation and processing of certain
fees.
The proposed Master Fees and Charges Schedule includes recommended changes as
a result of the development process review described above, as well as the normal
revisions stemming from each department’s annual review. Copies of the Master Fees
and Charges Schedule will be available to the public free of charge through the City
Clerk’s office and it will also be made available on our website. Amendments to this
schedule can be made when necessary via a resolution of the City Council. However,
those fees that are set by Ordinance can only be amended by Ordinance (these fees
will be annotated on the schedule to avoid confusion.) The most significant of the
proposed revisions to the Fees and Charges Schedule are due to costs that are
currently not being recovered. Therefore, if approved, staff is recommending the
schedule as presented become effective July 1, 2008, and remain in effect through
September 30, 2009.
Following is a summary of some of the significant changes proposed by department:
Building Division:
o Establishes a Right of Way Permit Fee of 7% of a project’s valuation. This one
fee replaces an entire page of fees in the Public Works Division that were
calculated manually, based on numerous factors such as number of lineal feet,
pipe sizes, number of connections, width of paved roads, etc. The
recommended change allows calculations to be done by the Eden system, and is
set at a rate estimated to be revenue neutral to the City.
Establishes an Expedited or Out of Sequence Review Fee of 10% of the permit
fee, with a $25 minimum. This fee would allow the Building Division to enhance
customer service on time-sensitive applications.
Establishes a $200 Annual No-fee Sub-permit Fax Program fee.
LI Establishes a two-tier rate structure for a Stocking Permit, Phased Occupancy,
Conditional Certificate of Occupancy, or Completion Agreement based on square
footage, for clarification purposes.
LI Increases the Temporary Sign Fee by $25 to recoup a portion of Code Inspection
costs. This is the result of a new process recently established during the
integration of the Temporary Permit Sign approval through the Eden software.
The inspection allows staff to better monitor approved signage throughout the
City as well as make sure that all approved signs are installed in accordance with
City codes.
Engineering:
Increases the security deposit for small projects by $1,000, and large projects by
$3,000.
Establishes a Pre-Application Infrastructure Review Fee of $5,000, plus a
$10,000 security deposit. This fee, which has not previously been charged,
allows a petitioner, should they so choose, to expedite the infrastructure review
component of their project, concurrently with the approval process for their
application. These costs would initially be borne by the City, and in turn billed to
the petitioner, as is currently done for all development review expenses, e.g.,
engineering, legal, advertising. The security deposit would be returned only after
completion of the project and all related outstanding invoices have been paid.
Establishes a security deposit of $10,000 for Infrastructure Review, unless paid
under Pre-Application Review described above. Currently, security deposits are
only received at the time of initial development approval application. After site
plan approval, when the construction phase begins, there is generally a different
financially responsible party. Staff recommends a security deposit for
Infrastructure Review be collected from the new financially responsible party.
This will minimize the City’s exposure to any uncollectible invoices.
Planning & Zoning Division:
LI Increases the fee for a Non-binding Conceptual Review by P&Z from $935 to
$1,000, and for a Non-binding Conceptual Review by Council from $2,100 to
$2,500.
Establishes Pre-application and Compliance Meeting Fees of $200.
Increases Special Event Permit Fees by $50 to cover expense of Code
inspections. This is a new inspection process established during this fiscal year
as a result of the Eden integration and development review project. In the past,
Code officers would only inspect special events when the required permit had not
been obtained. In order to assure that compliance is met with approved permits,
Code officers are now required to inspect all special events to assure the event is
in accordance with the approved permit.
Public Works:
Eliminates all Public Rights of Way and Easement Construction Fees, which
have been simplified and moved to the Building Division, as previously
discussed.
Neighborhood Services:
Establishes Release of Lien Fee and Estoppel Letter Fee of $100 each. These
are new fees established to offset the increased cost of outside legal services.
o CO Inspection, CO Re-inspection, and Same Day CO Inspection fees of $50,
$75, and $100, respectively, are recommended. Code officers are required to
conduct a final inspection on every new building or construction project prior to
the issuance of a CO by the Building Division. However, no fee has ever been
charged for this service.
o Establishes a Business Tax Administrative Fee. This new fee is requested to
recoup administrative costs for the processing and approval of a Business Tax
License. Currently, the City only collects the tax as established by Florida
Statute. Surveys of other municipalities reveal the majority of them have an
additional administrative fee. The requested fees range from $10 - $35 per
I ice nse .
Finance De pa rtmen t :
o Establishes an Amendment To Code Fee of $1,650. In the past, the City has
received numerous requests from external agencies that required amending the
Code, e.g., pension plan enhancements. This new fee would allow the City to
recoup costs incurred in processing these requests, and is identical to the fee for
Text Amendment Changes to the LDR’s that is already included in the Planning
& Zoning Division section of fees.
Economic Development & Marketing Division section has been re-titled to Information
Technology Department, to reflect the elimination of the Economic Development &
Marketing Division that occurred in the current fiscal year. No changes in fees are
contemplated.
Police Department:
o Reflects changes to billable off-duty hourly rates in concert with the current
Collective Bargaining Agreement.
Fire Rescue
o Based on a survey of 22 other government agencies in our area, staff is
recommending the following adjustments to EMS billing rates:
1. Increase Basic Life Support Emergency Transport from $375 to $480.
2. Increase Advanced Life Support Emergency Transport Level 1 from $425 to
$495.
3. Increase Advanced Life Support Emergency Transport Level 2 from $495 to
$588.
4. Increase Specialty Care Emergency Transport from $540 to $650.
5. Increase the mileage charge from $8 to $9 per mile.
The above adjustments to transport fees are especially important at this time, in
light of rapidly escalating fuel and operating costs, and the recently adopted tax
reform legislation. However, it should be noted that the City does not, nor is it
staffs recommendation to, aggressively pursue unpaid amounts through a
collect ion agency.
Establishes a Pyrotechnics Permit Fee of $100 and an Outdoor Fireworks
Display Permit Fee of $300.
Parks & Recreation
o In general, the “Blanket” column was eliminated to simplify the fees. Fees that
were reflected in the “Blanket” column were moved over to the “Event” column.
Indoor Facility Permits were simplified by combining into one Room Rental
category.
o BIG Program Fees were added to the list.
o Adjusts Tennis Facility Fees for resident and non-resident in line with current
market comparisons.
STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 33,
2008, adopting revisions to the City of Palm Beach Gardens Master Fees and Charges
Schedule, effective July 1, 2008.
Date Prepared: May 15, 2008
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RESOLUTION 33,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF
FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY
THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND
OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEARS
2007/2008 AND 2008/2009; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to
update the schedule of fees and charges relating to various services rendered for the
citizens of the City of Palm Beach Gardens and for other members of the public; and
WHEREAS, the City Council desires to make certain the schedule of fees and
charges is available for inspection such that any member of the public may be aware of
the cost of each and every service provided by the City of Palm Beach Gardens; and
WHEREAS, the City Council has deemed adoption of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
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 the schedule of fees and charges attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective July 1, 2008.
(The remainder of this page left intentionally blank)
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46 47
CITY OF PALM BEACH GARDENS, FLORIDA
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
AYE NAY ABSENT
---
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONS\fee schedule update-2007-2008 and 2008-2009 - reso 33 2008.doc
Date Prepared: May 15, 2008
Resolution 33, 2008
PASSED AND ADOPTED this day of , 2008.
2
Date Prepared: May 15, 2008
Resolution 33, 2008
EXHIBIT A
FY 2007/2008 and FY 2008/2009
Fees and Charges Schedule
City of Palm Beach Gardens
FY 2008 Master Fees & Charges Schedule
BUILDING DIVISION
Building Permit Fee*:
Building Permits with Fire Department
Review and Inspections
Minimum Permit Fee
Percentage of Valuation:
IC
1
Plan Review Surcharge (due upon submittal, based
upon estimated construction) not applicable to over
the counter permits
Reference: FS 553.80(2)(b)
Training Surcharge
Rieht of Way Permit Fee
Re-inspection Fee
itcd o r out of seauen ce review fee
Penalty for commencing work without first securing
3 permit or written approval
Revision fees: (as stated, but not to exceed original
permit fee; additional incremental value charges
may apply)
Major Revision
(i.e. changes in square footage, model, layout)
Minor Revision
[i.e., minor changes to: electrical, plumbing,
windows, product approvals, etc.)
[nspections by special request, same day, after hours
3r weekend (subject to staffing availability and as
subject to review by the Building Official)
Change of contractor after permit issuance (same
location)
Other Professional Services (Le., permit research,
due diligence reports, insurance affidavits, etc.)
ss corn tion after Dennit issuance
Contractor Registration
Special Foundation Permit ( Phased Construction)
Based on current fair market value of proposed
improvement or cost of construction using
nationally recognized sources such as ICC Building
Valuation data, RS Means Cost Data, Marshall
Swift or similar publications
Building Permit Fees plus applicable Fire
Department Fees
$50
Unit Value:
The first $20,000.00 plus
The remainder (over $20,000.00)
10% of Building Permit Fee, $25 minimum. Penalty
fee of 3 times the base plan fee will be assessed on
the 31d and subsequent plan reviews
1 % of the Building Permit Fee and/or Revision
fee,$l minimum
7% of Project Valuation, $50 minimum
10% of Buildine Permit Fee, $25 minimum
$50 for first re-inspection, $100 for second re-
inspection, and $200 for third re-inspection and any
subsequent re-inspections
Regular fee plus up to three (3) times the normal
Building Permit Fee (at the discretion of the
Building Official)
Prior to plan review being completed: no charge
After plan review is complete: $75 plus $10 per
sheet reviewed
Prior to plan review being completed: no charge
After plan review is complete: $25 plus $10 per
sheet reviewed
$75/hour, 2 hour minimum
-$75. regardless of permit a
$50/hour, or portion thereof
~~ $50 Der -permit issued with incorrect address
$5
Residential: $250 plus surety
Commercial: $1,000 plus surety
1
Permit Extension Fee (prior to expiration)
Permit Renewal Fee (within 180 days after original
date)
Permit Reissuance Fee (after 180 days of original
expiration date)
(all renewals must meet current code and require
new submittal)
Open Permit Status Request
Annual No-fee Sub-permit Fax Proeram
Stocking Permit
(non-refundable and at Building Official
ion; orininal issuance valid for 90
$25
$50
30% of original Building Permit Fee,
$50 minimum plus Plan Review Fee
220 ---
$200 annually hot Dro-rated)
G.000 SF = $250
>5.000 SF = $750
Residential: $250/%125
Commercial <5.000 SF: $-750/%750
' 11 >5.000 SF: $1.500/$1.500
Per State of Florida Statutes
SLJU
$250 + $5 per acre for cleared land
$50 per trade inspected, plus Plan Review and Fire
Department Fees
~ I I Temporary Signs (per City code) $75 + $25 Code InsDection Fee * After a permit has been issued, no inspections have been performed, and the permit is not in an expired
status, permits that are withdrawn or cancelled shall be refunded at 50% of the Building Permit Fee above
$100. Building Permit Fees less than $100 will not be refunded. All other fees associated with the review or
issuance of a permit, aside from impact fees, are non-refundable. Building Permit fees on any permits with
inspections completed, regardless of their status, will not be refunded. Requests for impact fee refunds may
require a separate request to be filed with Palm Beach County. All requests for rehnd must be made in
writing at the time the withdrawal or cancellation is submitted. All fees are subject to review at the
discretion of the Building Official or authorized agents to ensure fees are assessed are consistent with the
legislative intent of FS 553.80.
ENGINEERING
RESIDENTIAUNON-RESIDENT-
Lot. Sinnle Family
Residential
New I."""""""" Small: Generally a small, single user,
single structure, out-parcel project
Medium: Less than 25 acres; generally a
mid-range, single owner PUD project that
may have small out-parcels; a single user
with multiple structures or multi- phase
project
Large: 25 acres or greater andlor multiple
users, multiple owners, multiple structures
DeveloDment of Regional Impact (DRI)
I
$1,000
$5,000
~$10.000
To be determined following completeness review
$5.000, plus $10,000 securitv deposit
Building Permit Fees. as noted in Section 1 above,
plus $10,000 securitv dmosit (unless paid under
Pre-Application Review)
3
*Security deposit. as reauired above. will be returned onlv after all related outstanding invoice items have
been billed and outstanding invoice monies receided. Request for return of security deposit must be made
in writing.
LEGAL DEPARTMENT
I Legal Review E4erew-Securitv Deposit for $1,000
Development Applications
PLANNING & ZONING DIVISION
Environmental Review $1,000
M%
I I DRC No Show Fee IS170
Environmental Review $1,100
Environmental Review EseewSecuritv Deposit $1,000
Group Home Zoning Confirmation $50
Landscape CO InsDection for development proiects $170
Liauor License Review $170
~ ~~~ Miscellaneous Petitions $1,650
Non-binding conceptual review by Planning & Zoning
Non-binding conceptual review by City Council
$935rn
$2,1.88rn
Planned Community District (PCD) $3,850
Planned Unit Development (PUD) $3,300
PCD or PUD Amendment $2,415
PCD or PUD Re-Submittal $825
Plat Recordation $30 first page;
$15 each additional page
3
Variance- Single-family residences $440
Variance- All other land uses
Waiver for Residential Mixed-Use Requirements
$1,100
$1,100
II I -1
Compliance:
Compliance Review-Building Permit I $42 Single Residence (non- _I I commercial)
$170 All Others
Compliance Status Meetings (per meeting) &?0m
CO Inspections- First $170
CO Re-Inspections $170 x number of re-inspections
Surety Bond Review and Release $170
Review Fee of Required Reports $170
Non Compliance Stop Work Review and Action $500
Address Change, Street Name Change, and Subdivision Change $50
$200
Open Space CAD Review $300
Review of Residential Addressing Plan
(1 1 Required with Droiect apuroval if concurrency request is included
++I ..’ ) Payable for the start of each month that the DRI is in process
4
$48
I $60 I
5
II I I I /I I& II I
FINANCE DEPARTMENT
I Franchise Filing Fee* I .Rl.OOO I
Franchise Renewal Fee* I $1,000
Transfer or Assignment of Franchise I $500
Copy of Comprehensive Annual Financial Report I $25 I Returned Check Fee 1$25 I I Amendments to Code Is1650 I
*This fee is set by Ordinance. If a conflict exists between this document and said Ordinance, the Ordinance
shall prevail.
I CITY CLERK’S OFFICE P [ Photocopies I 15 cents for one-sided copy no larger than 8.5 x 14
6
]
20 cents for two-sided copy
30 cents for 11 x 17
Certified photocopies $1 per page
Audio tapesNideo tapes $5 per tape
Compact Discs $1 per disc
For all other copies Actual cost of duplication of the public record
IINFORMA TION
Hot-link to City’s website
Company logo posting
1 TECHNOLOGY I $50 per link I $25 per impression
POLICE DEPARTMENT
Off-duty hourly rates are subject to the prevailing rates as approved by the City Council
through the current Police Department’s collective bargaining agreement. The City’s
administrative fee of five dollars an hour is included in the following hourly rates for the
purpose of determining total billable chargesejwges:
Personnel: I
(A Lieutenant is required when 2 or more Sergeants
are working)
5-9 Officers - Requires one (1) Supervisor
10- 14 Officers - Requires two (2) Supervisors
15-20 Officers - Requires three (3) Supervisors
(2 Sergeants and 1 Lieutenant)
Equipment:
Vehicle $4/hour
Off-duty follawina davs $S.OO/hour .. .. wll mc- fee Fer hour: .. or D-tmas Eve,
New -Der Bowl
Inbendence
Prtv@on Thoumen tSi $2.25 Der $1,000 immovemen t cost
($50 minimum) Desim\ Insoection & Plans Review Fee
Additional Fees
Fingerprinting
Resident $5
Non-Resident $10
(Maximum of $30 charged per person
regardless of how many cards)
$2
FIRE RESCUE DEPARTMENT
Inspection & Plans Review Fee
New Construction I I $2.25 per $1,000 improvement
7
I I cost I
($50 minimum)
Civil Drawing Review Fee $50
Re-inspections / Extra Inspections
0 First No additional charge
Assembly
Occupancy of:
50-299 $50
300-999 $75
1,000-4,999 $150
5,000 persons or greater $250
8
Other
Special Details
Personnel
Captains
Equipment
Fire Engine
Ladder Truck
Brush Truck
Utility Truck (GeneratorBreathing Supply)
Rescue Truck
Specialty EMS Vehicle
EMS Transport Fees
Basic Life Support Emergency Transport
Advanced Life Support Emergency Transport Level 1
Advanced Life Support Emergency Transport Level 2
Oxygen I Mileage
Specialty Care Emergency Transport
*Motor Vehicle Accident and Fire Fees
Level I - Scene safety & Investigation
Level I1 - Light ExtricatiodClean up of Materials
Level I11 - Heaw ExtricatiodSituation Stabilization
Level IV - Aero-medical Transportation
Level V - Vehicle Fires
*Contingent upon approval of new Ordinance for cost recovery
I
Min. 2 hour rental
Insurance must be provided naming the City of Palm Beach
dditional Insured with Respects to Liability with a min. limit
$50
$50
$3 5Ihour
$75/hour I
$1 OO/hour
$45/hour
$48/hour
$32/hour
$25/hour
$WB
$4253
$495rn
$54862
$30
$W9/transport mile
$50 $%rn
$30.00 per hour
$100.00 Cleaning Deposit
PARKS & RECREATION
I Parks & Recreation I
9
I
with Respects to Liability n
All applicable fees do not include tax, and certain event a-d-W&&permits require
multiple fees to cover costs of the event to the City.
Facility Rental:
Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured
Outdoor Facility
Permits: exclusive use
..
Single Athletic Field
no prep, 2hrs
Single Athletic Field
wllights
Single Basketball Court
2 hrs
Single Basketball Court
wllights
Single Roller Hockey Rink
-2hrs
Single Roller Hockey Rink
- wllights
Organized Tournament
Play - per field, light fee
amlies
Skate Park Facility 17
I
I Indoor Facility Permits: I Exclusive Use of Permitted Space
Room Rentals: 2 hr
minimum
Small*
Medium*
Large *
*Non Resident- additional
charge of 30% to be added
tffitdfflttfft -
n. limit of $500,000
Individual
$25 Resident
$75 Non Resident
$20 Resident
$40 Non Resident
$40 Resident
$60 Non Resident
$10 Resident
$20 Non Resident
$40 Resident
$50 Non Resident
$10 Resident
$20 Non Resident
$40 Resident
$50 Non Resident
NIA
NIA
NA
NA
Individual
$50 wAetw /hr
$65 1981Lketlf /hr
$75 w.Fl%ew /hr
Event: requires
insurance:: possibly
multiulev fees
$50 Resident
$100 Non Resident
$20 Resident
$40 Non Resident
$40 Resident
$60 Non Resident
$10 Resident
$20 Non Resident
$40 Resident
$50 Non Resident
$10 Resident
$20 Non Resident
$40 Resident
$50 Non Resident
PU-A
$200 for 10 hrs
N.24
WA
NA
$50 $50
$400 Resident NA
$800 Non Resident
Non-Profit 50%
Reduction
$250 Resident NA
$500 Non Resident
Event
$50 wdwud4
$65 wdwwdhr
$75 EteAmdh
10
-
BRRC Kitchen Use
BRRC Gymnasium %F
Rfiffiffftffff
Athletic Team
Aquatic Facility Rates
During Facility Open
Hours
Entry Fee - All Persons
Entering the Pool
Summer Resident Card -
per person
3 Month Lap Swimming
Card
Youth Camp Rate
per person on deck - 1
counselor free per 10
vouth
Private Lessons - !h
hrlweek
Group Instruction - !h hr,
per person
Lane Rental - 1/2 hr, plus
entry fee
Corral A & B - 2 hrs +
pool admission
Corral C & Pool Shelters -
2 hrs + pool admission
Aauatic Facilitv I Before/After hours I Single Pool Rental Rate -
2hrs, includes guard staff1
PJA
$50
NA
$40 Reside]
klhr
$80 NR
$50 - over basic set
$50
$2.82 Resident
$8.45 Non Resident
$40 Resident
$80 Non Resident
$65 Resident
$130 Non Resident
NA
$50
$125lhr Resident
$250/hr Non Resident
$50 - over basic set
$200
NA
NA
NA
1 Resident I ;6 Non Resident
$401$185 Resident NA
$521$245 Non Resident
$6 Resident NA
$8 Non Resident
$10 Resident NA
$20 Non Resident
$50 Resident NA
$100 Non Resident
$100 Resident NIA
$200 Non Resident
$700 Non Resident
11
Additional 25 people per NA
hour
Training lanes per lane per
day (4 hr max per day)
Deck Reception Rental NA
M
$20 Resident
$40 Non Resident
Additional Pool Hour NA
Hours of Regular
I $15 Non Resident I $8 Resident Ball Machine Fee -
112 hour $10 Non Resident
$WNon Resident I I Family, Spouses, Minor I $*4Resident
dependents (Drorated $WwNon Resident
monthlv)
Junior- $WmResident
$W=Non Resident
Senior Single hrorated $?%_Resident
monthlv] $4-SmNon Resident
Senior 6etqhm $==Resident
(prorated monthly) $63&66Non Resident
Per 10 People $3,500
Group Membership - WA
Additional Group NA
Membership $350
Tennis Facilitv
Before/After
Operation Hours -
Court Rental per hr, NA
minimum 2 court rental
Court Light Fee NA
Tournament - Per 4 courts,
8 hrs, includes court
maintenance
NA
Event Fees-
Parks Support Staff - as
determined by the City
Recreation Support Staff - NA
as determined by the City
NA
12
$50 Resident
$100 Non Resident
$20 Resident
$40 Non Resident
$300 Resident IN24
$600 Non Resident
$80 Resident FIA
$160 Non Resident I
I
NA
NA NA
$50 Non Resident
$10 Resident
$20 Non Resident
I
- plus facility & staff
chargeslnon refundable
BIG Promam Fees
Dedication Tree $85-$125
Bench $1200
Service Flag $150
kk $50
$100 Resident
$200 Non Resident
Non-Profit 50%
Reduction, NC for
Recognized Youth
Sport Providers
NA
Program Fees
NR Rate - Level One (General Programs)
NR Rate - Level Two (High Demand or Heavy
20 Yo
30%
Impact
NR Individual Rate ODen Gvm I $4.70
Riverside Youth Enrichment Center $100 Non Refundable Registration Fee
NR Rate - Level Three (City Supported Programs) Double
NR Rate - Level Four (Special Facilities) Doublemarket Trend I Non Peak Hours Low Impact Reduction Rate 30%50% Exclut
Program Fees Cost Recovery Formula
Golf Program Fees Cost Recovery Formula
$40 R $80 NR
se; Fee
I Skate Park Annual Pass
Riverside Youth Enrichment Center $100 Non Refundable Registration Fee
NR Rate - Level Three (City Supported Programs) Double
NR Rate - Level Four (Special Facilities) Doublemarket Trend I Non Peak Hours Low Impact Reduction Rate 30%50% Exclut
Program Fees Cost Recovery Formula
Golf Program Fees Cost Recovery Formula
$40 R $80 NR
se; Fee
I Skate Park Annual Pass
CITY DEPARTMENT TELEPHONE NUMBERS
City Hall - Main Number
Building Division
Planning & Zoning
Code Enforcement
Public Works
Finance Department
City Clerk’s Office
Police Department
Fire Rescue Department
Recreation (Burns Road Community Ctr)
Parks
799-4 100
799-4201
799-4243
7 9 9 -424 5
804-7000
799-4 160
799-4 122
799-4400
79 9 -4 3 00
630-1 100
775-8261
13
I.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 5,2008
7:OO P.M.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
PLEDGE OF ALLEGIANCE
IL ROLLCALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
Iv
V.
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VL CITY MANAGER REPORT:
a. Discussion on City Attorney vacancy.
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the Citv Clerk prior to this Item)
Vm. CONSENT AGENDA:
a. lPage 4kQuarterly Financial Report
b. [Staff Rc - 4C Resolutio 42) Resolution 3, 2008 -
Communications me Lease Agreement. n Kesoiuuon of the City Council of the
City of Palm Beach Gardens, Florida approving a communications site lease
Agreement with Landmark at the Gardens to provide space for public safety radio
communications equipment and antennas; and providing an effective date.
C. JStaff ReDort on Paee 60, Resolution on Pape 62) Resolution 44, 2008 -
Interlocal Agreement for Community Development Block Grant. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida, providing for the
approval of an Interlocal Agreement between the City and Palm Beach County for
Community Development Block Grant and Home Investment Partnerships
Program activities for fiscal years 2009, 2010, and 2011 and authorizing the
Mayor and City Clerk to execute the same; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. (Staff Report on Page 69, Reso-Resolutic, du, -vvv
Beach Gardens, Florida approving the Art in Public Places for the Latitudes in the
Latitudes in the Gardens. 1 Resolution of the City Council of the City
Gardens commercial portion of the parcel 31-04 Mixed-Use Planned
Development (MXDRCD), as described more particularly herein;
v.9- v
condition of approval; and providing an effective date. -
Part I1 - Non-Ouasi-judicial
a. [Page 92) Evaluation and Appraisal Report based Amendments (EAR) - Based
Amendment Workshop. City initiated workshop to present the EAR-based
Comprehensive Plan Amendments relative to Infrastructure, Coastal
Management, Conservation, Recreation and Open Space, Intergovernmental
Coordination, Capital Improvements, Public Safety, Procedures for
Accomplishing Monitoring and Evaluation Requirements, Public School
Facilities, and Economic Development. This session will outline the
Comprehensive Plan, Goals, Objectives and Policies staff recommends amending,
and will include an executive summary of each element.
X. RESOLUTIONS:
[Staff Report on Page 199, Resolution on Page 204) a urlon JJ, -
Updating the Schedule of Fees and Charges for various services. A Resolution of
[he City Council of the City of Palm Beach Gardens, Florida updating the
schedule of fees and charges for various services rendered by the City of Palm
Beach Gardens for its citizens and other members of the public for Fiscal Years
2007/2008 and 2008/2009; and providing an effective datc
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIIL CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED thd if any interested party wishes to appeal
any decision made by the City Corrncil with respect to any maiter 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 Hewe call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 5,2008
7:OO P.M.
Mayor Jablin
Vice Mayor Levy J
Council Member Russo
Council Member Barnett
J
Council Member Premuroso '
m I.
11.
Y-0 111.
IV
V.
'71 (y VI.
VII.
8: !j VIII.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
a.
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
Discussion on City Attorney vacancy.
CONSENT AGENDA:
Y-0 a. -Quarterly Financial Report
b. wt 42) Resolution 3, 2008 -
Communications Site Lease Agreement. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving a communications site lease
Agreement with Landmark at the Gardens to provide space for public safety radio
communications equipment and antennas; and providing an effective date.
C. on -Resolution 44, 2008 -
Interlocal Agreement for Community Development Block Grant. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida, providing for the
approval of an Interlocal Agreement between the City and Palm Beach County for
Community Development Block Grant and Home Investment Partnerships
Program activities for fiscal years 2009, 2010, and 201 1 and authorizing the
Mayor and City Clerk to execute the same; and providing an effective date.
IX.
tha on Pw $81 Resolution 38, 2008 -
Latitudes in the Gardens. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Art in Public Places for the Latitudes in the
Gardens commercial portion of the parcel 3 1.04 Mixed-Use Planned Community
Development (MXD/PCD), as described more particularly herein; providing a
condition of approval; and providing an effective date.
m7 a*
Y-0
a. 921 Evaluation and Appraisal Report based Amendments (EAR) - Based
Amendment Workshop. City initiated workshop to present the EAR-based
Comprehensive Plan Amendments relative to Infrastructure, Coastal
Management, Conservation, Recreation and Open Space, Intergovernmental
Coordination, Capital Improvements, Public Safety, Procedures for
Accomplishing Monitoring and Evaluation Requirements, Public School
Facilities, and Economic Development. This session will outline the
Comprehensive Plan, Goals, Objectives and Policies staff recommends amending,
and will include an executive summary of each element.
g: a&
X. RESOLUTIONS:
ort Qn 199. Resolution 33, 2008 -
Updating the Schedule of Fees and Charges for various services. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida updating the
schedule of fees and charges for various services rendered by the City of Palm
Beach Gardens for its citizens and other members of the public for Fiscal Years
2007/2008 and 2008/2009; and providing an effective date.
910’ a*
Y-0
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such 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 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC pur- P Request to Address City Council Please Print b Name: Address: -zw/*f / */+?e City: -FG 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.
4 COMMENTS FROM THE PUBLIC Request to Address City Council flc IF 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 /VL‘T e Request to Address City Council Members of the public may a dress the City Council during the “Comments by the Public” portion of the agenda and dur ng “Public Hearings”. This Request to Address the City Council must be delivered to he City Clerk prior to the commencement of the meeting. The time limit for each speak i r is limited to three (3) minutes.
Please Print COMMENTS FROM THE PUBLIC Na- c/n. ‘-tf“L Request to Address City Council R p:i e- Address : W .. City: -, (/* /o / Subject: Members of the public may a dress the City Council during the “Comments by the Public” portion of the agenda and dur ng “Public Hearings”. This Request to Address the City Council must be delivered to t e City Clerk prior to the commencement of the meeting. The time limit for each speak 1 r is limited to three (3) minutes.
C d MMENTS 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 dufiing “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.
C~MMENTS FROM THE PUBLIC Request to Address City Council Please PribeJTJ Name: Address : I City: Subject: c Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and durling “Public Hearings”. This Request to Address the City Council must be delivered to dhe City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
CO~MENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: 71 6oQqdw v DR. I C&Rn vya C\i prp L! .L Members of the public may a dress the City Council during the “Comments by the Public” portion of the agenda and dur ng “Public Hearings”. This Request to Address the City Council must be delivered to 1 t e City Clerk prior to the commencement of the meeting. The time limit for each speakdr is limited to three (3) minutes. I I
Co MENTS FROM THE PUBLIC equest to Address City Council ~ I’ t Please Print i Name: /’”<e iL .a, t.c; i % Address: City: ! Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and Council must be delivered The time limit for each “Public Hearings”. This Request to Address the City City Clerk prior to the commencement of the meeting. limited to three (3) minutes.
MENTS FROM THE PUBLIC Ac pdeirr equest to Address City Council \I Members of the public may a$dress the City Council during the “Comments by the Public” portion of the agenda and du Council must be delivered to The time limit for each speak “Public Hearings”. This Request to Address the City City Clerk prior to the commencement of the meeting. limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print .> Address: I I ’ l?, (:; 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 speakqr is limited to three (3) minutes.
;rITY COUNCIL MEETING 06/05/08
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS: NONE
MODIFICATIONS: IJNDER Part I I - Non-Quasi-iudicial
Evaluation and Appraisal Report based Amendments
(EAR) - Based Amendment Workshop.
Under Public Safety Element - Poticy 10h.2.1.
Per Staffs recommendation, Policy 10.1.2.1 shall be
amended as follows (Proposed changes are shaded):
. .. Policy 10.1.2.1.: The City shall provide m-m-&td
1-
response time that have been established by Palm Beach
Garden Fire Rescue according to a fi-actile standard
established during its accreditation process:
1. The City shall provide an initial emergencv fire and
rescue response to all of the urban service area in six
2.
accreditation process, and it does not apply to Level
of Service)
A COPY OF 'kHE GROWTH MANAGEMENT MEMO FROM
HAS BEEN P~OVIDED FOR EACH MEMBER OF COUNCIL.
I
CITY 0
TO: Mayor & City Cc
DATE: June 5,2008
FROM: Nilsa Zacarias, PI
SUBJECT: EAR-based Com]
THROUGH: Kara Irwin, Grov
Per Stas report, the EAR-base
Policy 10.1.2.1. proposed the fo
Policy 10.1.2.1.: The City shall
&me the following response ti
according to a fiactile standard e
1. The City shall provide a
area in six minutes thirty
2. The rural service area slr
3. This standard shall be mc
Per Staffs recommendation, Pc
shaded):
Policy 10.1.2.1.: The City shall
time the following response ti
according to a fiactile standard
1. The City shall provide a
2. The rural service area Shi
of accreditation process
If you have any additional
gcarias@pb&xm.
7 PALM BEACH GARDENS
MEMORANDUM
mil members
inning Manager
rehensive Plan Amendments-Public Safety Element
h Management Administrator
Comprehensive Plan Amendments-Public safety Element-
lowing changes:
. .. wovide ~
le that have been established by Palm Beach Garden Fire Rescue
tablished during its accreditation process:
initial emergencv fire and rescue response to all of the urban service
mnd or less.
11 have an eight (8) minute response time.
t in eighty (SO?!) percent of all calls.
licy 10.1.2.1 shall be amended as follows (Proposed changes are
. .. xovide
ne that have been established by Palm Beach Garden Fire Rescue
,tablished during its accreditation process:
I initial emergency fire and rescue resDonse to all of the urban service
all
. (Delete this since it is only part
and it does not apply to Level of Service)
questions please contact me at 561-799-4236 or email me at
I
StaffPSWXtWh:
Evaluation and Appraisal Report based Amendments
(EAR) - Based Amendment Workshop. City StafF is
presenting the Comprehensive Plan Amendments relative
to the adopted EAR in a public workshop session,
hfkastmcture, Coastal Management, Conservation,
Recreation and Open Space, Intexgovtznmentd
Coordination, capitll Impvemcnts, Public Safkty,
pnw;edures for Accomplishing Monito!ing and Evaluation
Requirements, Public School Facilities, and EcoMmic
Development will be pmscntcd at this workshop. City
stag is requesting discussion aah direction &an City
Council.
2
PUBLIC HEARINGS: 06 /O
b PartI-Ours iJudieirrl
I
I
Title Read:
HearingOpened:
Ex-~:JB DL JR HV EJ
Petitionerpr-w:
staffpresentation:
lkiEi€@Closed:
I
J
Bring back fix discussion:
Mation:
vote: I I I I I
!zL
&ResoW 38, L-8 - Latitudes in the
iardens. A Resoltion of the City Council ofthe
3ty of Palm Beach Gardens, Florida approVing
the Art in Public Places for the Latitudes in tbe
Gardens commercial won of the parcel 31.89
(MXD/PCD), as described more particularfy
herein; providing a condition of appmd, ad
providing an effedive date.
Mixed-use Planned community Devdm
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CIN OF PALM BEACH GARDENS
MEMORANDUM j
TO:
FROM:
SUBJECT: Legal Service Analysis i
DATE: June 4,2008 j
At the May 15,2008
of a law firm to
legal services
meeting, Council directed the City Manager to secure the services
City Attorney and to prepare an analysis of the provision of
Staff has examined the advantages of utilizing an in-house
with a firm.
I
In-House I
0 Can provide daily d rection of legal
issues/functions and he selection of
special counsel to serve s legal advisors as
0 Accessibility to Council, staff and others-
physically located on-sit
needed i r- - __
0 Knowledge and of daily
operations of
__ _. - policies
orevent lawsuits
0 Ability to be
vested interest in the Ci
Firm
0 Multiple experience of multiple attorneys
on staff; however, still may require hiring of
special counsel in certain instances
0 Not located on-site full-time - wider
network of resources depending on number
of attornevs on staff and exDerience
0 Broader knowledge base for global
municipal issues due to multiple clients
___-_
0 Wider range of experience with issues &
multiple clients - more reactive
0 Attorney is a contractor - independent -
consultine: interest in Citv
0 MultiDie oDinions from multiDle attornevs
The City has used both an
specializing in areas
pensions, and bonds
Attached is a survey
the provision of legal
attorney and contracted services with a variety of firms
use, procurement, contracts, labor and employment,
in Palm Beach County and their methods for
Please contact me if you hade any questions. Thank you.
Survey of Municipal Legal Services
June 2008
City Population Budget Method Number of staff members Number of firms Firms
Boca Raton 85,29Ê 5977,00C In-house and Contract 3 attornevs, 2 staff 5
Allen Norton & Blue; Greenberg Traurig; Adams, Coogler
& Watson: Walton Lantaff & Schroeder; Weiss Serota
Delray Beach 64,360 s988,62C In-house and Contract 4 attorneys, 5 staff 5
Leibowitz & Assoc.; Glen Torcivia; Greenberg Traurig;
Steve Rubin; Carson and Atkins
Sreenacres¡32,705 s12s,305 In-house and Contract 1 PT attornev 3
Allen Norton & Blue; Lewis Longman & Walker; Ruden
VIcCloskv
lupiter 1 49,724 s368,7sC Contract n 2 fom Baird, P.A.; Goren, Cherof, Doody & Ezrol, P.A.
)alm Beach Gardens 49,381 5655,622 In-house and Contract l- attornev, 1 staff 5
Allen Norton & Blue; Bob Klausner; Robert Rosillo;
Stroud, Lewis & Deutch; Corbett & White
ìoval Palm Beach 37,864 5329,90(Contract 0 4
Allen Norton & Blue; Corbett & White; Weiss Serota;
icialabba & Associates
rr1/ellington r, z 55,259 57ss,881 Contract 0 11 iee attached list.
úúest Palm Beach 10s,068 52,874,787 In-house* and Contract 11 attornevs, 9 staff 4
Allen Norton & Blue; Holland & Knight; Glen Iorcivia;
Lewis Lonsman & Walker
*ln-house attorney salary range: S118,000 -5177,OOO
Palm Beach County Fire Rescue (PBCFR) in lieu of municipalfire rescue department; PBCFR uses Allen Norton & Blue for labor/employment law services
z Palm Beach Sheriff's Office (PBSO) in lieu of municipal police department; PBSO uses Allen Norton & Blue for labor/employment law serv¡ces
¡ Greenacres has a Public Safety Department instead of separate municipal police and fire rescue departments
Dexter Lehtinen I
Thomas G. Peih: IiiSGGZ
In house Le a1 E 1-
Add - Other cont
Add - Reversals
Less - Legal Exp
Less - Voluntary
Reimburse litigat
Potiris Petition
(Posted in Genei
General Ledger I
Detail Budget Re
Difference
Village of Wellington
Payments to Attorneys
As of September _- 30,2007 -1
, et at ~ 5383 38.45
"
3ot show on detail. I
Rudmann . 9,295.84
I . 2,983.50
ates 4,419.19
Walker PA - 11,650.89
Aerson PA -
s PA -
,squire , 112,147.86
mpsey & Palad -
.P -
ctual Services
lated to projects
ises to projects
nnexation Contributions
n expenses for Binks Forest
Ledger to Misc. Revenue)
dance
2rt
Pige 1
175.24
17,949.1 1
10,000.00
51,240.99
728,113.48
728,113.48
(0.00)
At the last City Council meeting on May 15fh I requested information. I have
not received a reply to date. Below is a copy. The bold areas are my
additions.
1. About 2 weeks ago I requested information from the City. Today I was
presented with a bill for 11 hours of work at a cost of $183.49 to receive this
information. Most of this was regarding salaries, job descriptions, hire and
termination dates, department transfers and changes in job description where
employees might have received increases in pay. At this meeting, or the May
15th meeting, I would like definite answers to my questions made public. This
information should be easily accessible . If it took 11 hours to get this information,
something is terribly wrong with our Human Resource and IT Departments.
Giving the City the advantage, this should not have taken even 2 hours to
compile. After an initial look at the information, either these departments are not
very well run or someone doesn't want us to see the information. We would like
answers. If it really did tlake 11 hours for the City to get the information, it should
take more than the few hours the City gave us to review it. It seems that this is
also standard procedure, to furnish information at the last minute. These
departments need to be streamlined as far as furnishing information more
effectively. I have requested a refund. If you would rather, I can bring the
information you gave, to a public hearing, so the public can judge the insult
of this charge. Furthelrmore, the information is not complete and some is
shown differently in different sections of what was furnished . I am formally
requesting a refund of the money for information that should be readily and
easily available. The amount of time the City charged for is excessive.
2. We have longevity bonuses for the employees. This is absolutely
unnecessary. I would like to see these totally eliminated. Are we considering
this?
3. Are part time staff members entitled to health benefits and pensions?
4. I asked this question before but never got an answer. Who takes cars home?
Why? How many? How far do they drive? Is the milage checked by the City? Do
they use the cars for personal business? Are they reimbursing the City for the
milage? Who is paying for the gas? Is City insurance covering potential accidents
when driven off-hours? At what additional cost? Does the insurance cover people
in the car other than the employees? Is the City aware of the risk of being sued in
the event of an accident? How does this affect the wear and tear of the cars?
Are you aware other Cities are concerned about the same issues?
5. I would like the City to begin charging people attending City functions who
don't live in Palm Beach Gardens. This would include events such as Dancing
Under the Stars, Art in Public places, Hannukah Party. I would also like to know
what other events the City has, where there is an expense to the City, and the
outside public is invited at no charge. Are you considering this?
6. Are we receiving finep for commercial developments that break the law?.
Midtown has been cutti g down the Preserve area. At least two people have
spoken to the City abo s t this. I spoke to Mark Henderson several months ago
and he was going to lodk into it. I have heard nothing. And, the Preserve is still
being cut down. What is being done about this?
7. Instead of avoiding
the first time they are
City and the residents
issues, I would like to see situations taken care of
up. That way, there will be less wasted time for the
to resolve the issues time and time again.
8. I would like to see n&v guidelines for new hirees. We should be starting new
hirees at a lower salaryias City salaries are, in many cases, much higher than
local business salaries. This would include any new or replaced position. What
is being considered fdr new employees?
9. What is the recomm ndation for salaries for the new year? Many private
businesses have y decreased salaries.
IO. Tell me why someobe from our staff sat at Eissey Theatre at the front desk
during the performance'of the Frenchman's Creek sponsored concerts. Why do
we need to pay a sala 4 for someone to sit there? Are we looking into these
types of situations?
11. When we have a
hanging the artwork? 3 ho paid for the backdrop for these paintings? Do the
artists give the City any/ money for these displays? Who pays for the wine &
cheese, etc at these didplays?
ork hung at City Hall, who pays for the time involved in
12. There should be nolcumulative sick time nor should the employees get paid
for unused sick time. Sibk time is just as it says. It should be used when an
employee is sick. Are 4e considering this?
13. There should be milage given to those who have car allowances. The amount
of time a car is used sh uld be reviewed to see if this will bring the City a savings
ofmoney. CSR~ ;~e, c.mstbm.1rVc n-w 2 13
14. New hirees should have a delay in receiving benefits when hired. They
should not be insured irhmediately. Are we considering this?
15 .When employees tqke educational courses, they should only be reimbursed if
they receive a B or bettbr on their exams. The courses should only be paid for if
they relate to their job. bre we considering this?
16. To reduce staff, do ot hire any new hirees unless it is an essential position. I
assume we are consi
'I
J
I
17. Review the need fc
private concern. There
that may no longer be
18. Instead of spendin!
house hurricane -proof
and storing at another
19. I was told you havl
City within the last thre
Please furnish us with
know that when there i
positions, their salaries
20. Contracts for the p~
This should include HE
now, the increases are
Are we considering tl
Eileen Tucker
Palm Beach Gardens
. Public Works to be done through the City or through a
s a large expense for salaries, equipment and insurance
eeded by the City. Are we considering this?
over $2,000,000.00 to build an extention on City Hall to
IT equipment, consider backing up the equipment nightly
)cation instead. Are we considering this?
no record of the people who transferred positions in the
! years including their previous and present positions.
is information. I think it is important for the public to
re set salaries in the budgets, if employees change
may change too. What is being done about this?
lice and fire departments should be done at one time.
11th and Welfare, Pension and Salary. The way it is done
negotiated separately and can be very costly to the City.
is?
Tucker, Eileen
From:
Sent:
To:
Subject:
Tucker, Eileen
Thursday, May 01,2008 10:05 AM
‘Debbie Andrea‘
RE: Emailing: Tucker invoice.pdf
Thank youl
----- Original Message-----
From: Debbie Andrea [mailto:DAn~rea@pbgfl.com]
Sent: Thursday, May 01, 2008 9:57 AM
To: Tuckerr Eileen
Subject: EW: Emailing: Tucker invoice.pdf
__. . ___ -.* Y
16 NEWS
.......................................... ................................................................................................................................... - Talking points
---11111 0, IU
Atmospheric Ad m i n istra- Politics: What is an ‘elitist’?
tion The ?, Forget “bemn called a crirmnal. a Dhdanderer. or ._ . -
average temperature over
the world’s landmasses was
40.8 F, which is 3.2 degrees
warmer than the average March
in the 20th century.
Associated Press
car during the weekday to run
errands and on weekends to go
shoooing.”
a teiroiist sympathizer,” said PaulFarhi in The
Washirtgton Post These days, the most incendiary
accusation in American politics is the term “elitist.”
Democratic presidential candidate Barack Obama
has been trying to fight off that label since the
goldemtongued orator was caught at a closed-door
fund-raiser explaining how “bitter” small-town
voters “clmg” to guns and religion out of mis-
placed economic frustration. Conservative pundits
immediately assailed him with the E-word, said
The Emnomist in an editorial, which is rich
considering that Rush Limbaugh, Bill O’Reilly,
et al., have made millions by stoking and exploiting
the codunon man’s resentment of “the elites.” The
last the we checked, America was a meritocracy.
Aren’t we supposed to admire the elite and aspire
to join them through study, skill, and hard work?
Money and success have nothing to do with it, said
Dean Barnett in The weekly Standard. The ‘‘elit-
ism” bericans object to might more accurately
be ternied “elitist condescension.” This “smug
superiarity” is found everywhere on the left, and
it’s an attitude Democratic candidates can’t seem
to shalpe-or disguise. Like the sighing Al Gore
and the droning John Kerry before him, Obama . acts Ike a man duty-bound to come to the rescue
I *-
Y%T%
w The downturn in the economy
is not affecting the super-rich.
Wealthy buyers have already
bought 71 Manhattan apart-
ments costing more than $10
million this year, compared to 17
in that Price range in ail of 2007.
The New York Times
’
THE WEEK May 2, 2M)8
of a nation whose “citizens are too stupid to look
out for themselves.” Give Obama credit for know
ing his audience, said Debra Saunders in the San
Francisco Chronicle. While speaking to a room-
ful of Democratic fat cats here in San Francisco,
Obama brilliantly expressed the howl of anguish :
the core of liberal ptulosophy: “Oh why, oh why
isn’t the rest of America as enlightened as we are?
Obama’s remarks may have been “ill-chosen,’’
said Meghan Daum in the Los Angeles Times,
but he’s vulnerable to the “elitism” charge only
because he’s usually so eloquent. “Elinst,” these
days, seems to have become a disparaging syn-
onym for nuanced and intelligent-for anyone, ir
fact, who doesn’t reduce the world to moronic,
udthem simplicity. The country’s real elite are
rich and conservative, said Thomas Frank in The
Wall Street Journal, and the growing aversion
to thoughtful analysis suits this new ruling class
just fine. Over the last decade, phony common
men such as George Bush and Dick Cheney have
turned this country from a “middle-class republb
to a “plutocracy,” while pretending to be “jes’
folks.” If you hear the term “elitist,” you can be
sure the person hurling it is a phony, while the ti
get is simply someone who believes this should b
a fairer society.
and media upon request. Your e-mail communications may theretore De SUUJCL~ cv yuu-A-
disclosure.
Comprehens
Local Governmenl
Hearing Date: Jur
Type Hearing: - Cit
DCA Amendment
Please Print Clea
By providing your name an
publication of the Notice of
Citizen
Name
Address
State, Zi
.- !
ve Plan Citizen Courtesy Information List
City of Palm Beach Gardens
4 = 5,2008
Council Public Workshop
Number: (DCA Official Use)
address you will receive information concerning the date of
:ntent by the Department of Community Affairs.
, City,
I Code
* Check I-”-
I Appropriate 1 Identify Amendment
Response(s) ~ which is of Interest
Written
Comment F-~ Comment l------r .-;I ,.fly
71