HomeMy WebLinkAboutAgenda Council Agenda 101608CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 16, 2008
7:00 P.M.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Palm Beach Gardens Fast Pitch Softball Travel Team.
b. Solid Waste Authority recognizing the City’s outstanding recycling participation.
c. Riverside Youth Enrichment Center – Read for the Record.
d. Youth Triathlon.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
a. Presentation of the FEMA Community Rating System Award.
b. Let Us Vote Video.
c. Kyoto Gardens Drive/Lake Victoria Gardens Drive presentation.
d. Discussion on Ordinance 13, 2008 (Height Ordinance).
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) Approve Minutes from August 21, 2008 regular City Council meeting.
b. (Page 14) Approve Minutes from September 4, 2008 regular City Council
meeting.
c. (Page 23) Approve Minutes from September 18, 2008 regular City Council
meeting.
d. (Staff Report on Page 32, Resolution on Page 34) Resolution 85, 2008 -
Renewal of Boyle Engineering Contract. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida awarding a continuing contract for
Professional Services to Boyle Engineering Corporation, as required by the
Consultants’ Competitive Negotiation Act; providing an effective date; and for
other purposes.
e. (Staff Report on Page 84, Resolution on Page 96) Resolution 92, 2008 -
Nutrition S’Mart – Special Event Application. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a fourth special event
application at Nutrition S’Mart for a Customer Appreciation Day to be held on
Saturday, November, 15, 2008, from 11:00 am until 3:00 pm, generally located on
the Northeast corner of Northlake Boulevard and Keating Drive; providing an
effective date; and for other purposes
f. (Staff Report on Page 115, Resolution on Page 128) Resolution 94, 2008 -
Downtown at the Gardens – Special Event Application. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a special event
application for Downtown At The Gardens to be held Thursday, November 13,
2008, generally located on the North side of Kyoto Gardens Drive, one mile East
of Military Trail; providing conditions of approval; providing an effective date;
and for other purposes
g. (Page 151) Proclamation – Palm Beach Gardens Medical Center celebrating 40
years.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 152, Resolution on Page 179) Resolution 88, 2008 - Tall
Tales Restaurant. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida amending Section 4 of Resolution 31, 2008 for Tall Tales
Restaurant located within the Gander Mountain Planned Unit Development
(PUD) on a 13.18-acre parcel located on the West side of Sandtree Drive,
immediately South of the Northlake Commons /Home Depot Shopping Center, as
described more particularly herein; providing an effective date; and for other
purposes.
b. (Staff Report on Page 182, Resolution on Page 203) Resolution 96, 2008 -
Artwork at the PGA Commons Development. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the installation of artwork at
the PGA Commons Development; providing conditions of approval; providing an
effective date; and for other purposes
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
a. (Staff Report on Page 205, Resolution on Page 226) Resolution 93, 2008 - Paint
Color Modifications to the Christ Fellowship Buildings. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending Resolution 83,
2005 for the Christ Fellowship North Campus Planned Unit Development (PUD),
located on the North side of Northlake Boulevard approximately one mile West of
Military Trail, as described more particularly herein; providing an effective date;
and for other purposes
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
AUGUST 21, 2008
The August 21, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:09 p.m. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin.
I. PLEDGE OF ALLEGIANCE 9
II. ROLL CALL 10
The City Clerk called the roll and the following elected officials were found to be in attendance:
Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody
Barnett and Councilmember Robert Premuroso.
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III. ADDITIONS, DELETIONS, MODIFICATIONS 14
None. 15
IV. ANNOUNCEMENTS AND PRESENTATIONS 16
a. Recreation Director Charlotte Presensky presented the Honorable Carl Domino and Legislative 17
Aide Laura Coburn from Senator Atwater’s office. State Representative Domino presented two 18
checks to Mayor Jablin for $135,000.00 each from the Florida Recreation Development Assistance 19
Program (FRDAP) Funding Agreement. Mayor Jablin and Councilmember Russo thanked 20
Representative Domino. 21
b. City Engineer John Donahue presented Resolution 75, 2008 regarding the Seacoast Utility 22
Authority Easement for the installation of water mains on City property. John Donahue introduced 23
Bruce Mallory, Boyle Engineering and Rim Bishop, Chief Executive Officer of Seacoast Utility 24
Authority. Bruce Mallory presented the proposed pipeline project. Vice Mayor Levy asked for 25
clarification of the route of the pipeline and the method for drilling. Mayor Jablin inquired about the 26
amount of disruption in the neighborhood and asked that residents be notified in advance. 27
Councilmember Barnett thanked Seacoast Utility Authority for providing such a consistently 28
healthy water supply. Councilmember Russo inquired about the status of the water restrictions. Rim 29
Bishop stated the South Florida Water Management District is proposing to make the two-day-per-30
week watering permanent in October. This area needs only 6 inches of rain per year to provide all 31
the water needed to the residents. Mayor Russo asked that City Council take a role in the water 32
restriction problem. Rim Bishop stated that all property owners along the pipeline will receive 33
written notification before the work begins. 34
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 35
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Councilmember Premuroso recognized Mike Kelly, Parks Director, and his staff for their work
during the Southeast Regional Baseball Tournament. Councilmember Premuroso asked City
Manager Ron Ferris to recognize the Palm Beach Gardens team at a future meeting. National Night
Out was a success. Councilmember Premuroso recognized the Police Department for their
participation in a prescription drug bust operation. The Budget Oversight Committee concurred with
City Council on the proposed 5.25 millage rate. Councilmember Russo thanked staff for the budget
presentations. A building height referendum is circulating due to some type of misunderstanding or
disagreement. Councilmember Russo will contact Terence Brady for a discussion when he returns
from vacation in August. Vice Mayor Levy attended a recognition ceremony for the Marriott, which
received a one palm tree designation from the Department of Environmental Protection (DEP) for
being a green lodging facility. The Parks and Recreation Advisory Board (RAB) voted
unanimously, 7-0, to purchase the District Park. The City’s parks have been made American with
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Disabilities Act (ADA)-compliant. Golf camp was successful. Master planning was done for the
Lilac Street/Plant Drive park. PGA National park will have sod installed soon. Councilmember
Barnett reported the Palm Beach County Commission voted 6-1 for approval of Callery Judge.
Councilmember Barnett thanked staff for representing the City at the meeting and stating the City’s
position and Commission Jeff Santamaria for his vote against the project and support for Palm
Beach Gardens. Mayor Jablin thanked staff for the budget presentations.
VI. CITY MANAGER REPORT 7
City Manager Ron Ferris reported that a voter referendum for the purchase of the District Park
would be impossible for the November ballot. A special election would cost $77,000.00. Financing
options were provided to Councilmembers. Mayor Jablin asked City Council to authorize him to
meet and discuss the possible purchase of the District Park with County Commissioner Karen
Marcus. Councilmember Russo stated his reservations regarding the purchase. Vice Mayor Levy
stated the RAB’s concerns about restrictions that would encumber the District Park.
Councilmember Barnett stated her support for the purchase of the District Park. Councilmember
Premuroso stated his concerns regarding the purchase of the District Park. Councilmembers
supported Mayor Jablin meeting with County Commission Karen Marcus to discuss the purchase of
the District Park.
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VII. COMMENTS FROM THE PUBLIC 18
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Charles Hathaway, 4808 Eugenia Drive, Palm Beach Gardens, stated his concerns about the
agreements for communities maintaining medians.
Richard Rusdon, 5125 Magnolia Bay Circle, Palm Beach Gardens, stated his concerns about the
agreements for communities maintaining medians.
Ms. Mihan, Magnolia Bay, Palm Beach Gardens, stated her concerns about the agreements for
communities maintaining medians.
Richard Kurtt, 4720 Dovehill Drive, Palm Beach Gardens, stated his concerns about the agreements
for communities maintaining medians.
Charles Morgan, 4600 Bontia Drive, Palm Beach Gardens, Magnolia Bay Home Owner’s
Association (HOA) president, stated his concerns about the agreements for communities
maintaining medians.
Vicki Carlan, 5179 Magnolia Bay, Palm Beach Gardens, stated her concerns about the agreements
for communities maintaining medians.
Liz Doroba, 2110 E Myrtlewood Circle, Palm Beach Gardens, stated her concerns about the
agreements for communities maintaining medians.
Jeremy Ashton, 6104 Myrtlewood Circle West, Palm Beach Gardens, stated his concerns about the
agreements for communities maintaining medians and explained the damage done by cars from
Dwyer High School events.
John Lauria, 4928 Grassleaf Drive, Palm Beach Gardens, stated his concerns about the agreements
for communities maintaining medians.
Jan Bel Jan, 5117 Magnolia bay Circle, Palm Beach Gardens, stated her concerns about the
agreements for communities maintaining medians.
City Manager Ron Ferris stated City Council’s position from years past was that new development
will pay for itself. City Manager Ferris explained the details of the City taking over all median
maintenance and an approximate cost of $.82 million. Discussion ensued regarding the possibilities
that would allow residents to include the cost as a tax deduction.
Suzanne Archer, 3187-B Gardens East Drive, Palm Beach Gardens, stated her concerns regarding
open permits at Sandalwood.
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Roger Blangy, 11658 Hemlock Street, Palm Beach Gardens, stated his concern about the quiet zone
surrounding the Florida East Coast (FEC) railroad tracks at the Kyoto Gardens Drive crossing.
Don Hearing, 1934 Commerce Lane, Jupiter, spoke on behalf of the PGA Corridor Association.
Eileen Tucker, Shady Lakes, Palm Beach Gardens, stated the Saturday meeting about the budget
held at Woodland Lakes was sponsored by the Palm Beach Gardens Residents Coalition. Ms.
Tucker stated her concerns about the preschool in Midtown. Interim Attorney R. Max Lohman
stated the comments cannot be part of the record because Ms. Tucker will not be here for cross
examination by the petitioner.
VIII. CONSENT AGENDA 9
a. Approve Minutes from June 5, 2008 Regular City Council meeting. 10
b. Approve Minutes from June 19, 2008 Regular City Council meeting. 11
c. Resolution 63, 2008 – Palm Beach Workforce Development Consortium. A Resolution of the 12
City Council of the City of Palm Beach Gardens, Florida authorizing the execution of the Second 13
Amendment to the Interlocal Agreement creating the Palm Beach Workforce Development 14
Consortium; providing an effective date; and for other purposes. 15
d. Resolution 64, 2008 – Traffic Control Agreement. A Resolution of the City Council of the City 16
of Palm Beach Gardens, Florida consenting to an Assignment and assumption Agreement between 17
PGA National Venture, LLLP and WFGR Resort Core V, LLC affecting the PGA National Traffic 18
Control Agreement approved by Resolution 99, 2006; providing an effective date; and for other 19
purposes. 20
e. Resolution 65, 2008 – Conveyance of Kyoto Gardens Drive and Lake Victoria Gardens Drive. 21
A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting the 22
conveyance of the road rights-of-way of Kyoto Gardens Drive from Alternate A1A to Fairchild 23
Gardens Avenue and Lake Victoria Gardens Avenue from Kyoto Gardens Drive to PGA Boulevard 24
from Northern Palm Beach County Improvement District to the City of Palm Beach Gardens; 25
providing an effective date; and for other purposes. 26
f. Resolution 74, 2008 – Contract Award for Pavement Resurfacing Services. A Resolution of the 27
City Council of the City of Palm Beach Gardens, Florida approving an Agreement for Pavement 28
Resurfacing Services, in an amount not to exceed $157,720.00, with Ranger Construction 29
Industries, Inc., via an existing contract with the Village of Wellington (contract dated April 5, 30
2007); authorizing the Mayor to execute the agreement; providing an effective date; and for other 31
purposes. 32
g. Resolution 75, 2008 – Easement in favor of Seacoast Utility Authority. A Resolution of the City 33
Council of the City of Palm Beach Gardens, Florida granting an Easement to Seacoast Utility 34
Authority for the installation, operation, maintenance, and service of water lines and appurtenant 35
facilities in, on, under, and across the easement premises; authorizing the Mayor to execute the 36
Easement; providing an effective date; and for other purposes. 37
h. Proclamation – Local 2928 Firefighter Appreciation Month. 38
Motion 39
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Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember Barnett
seconded. The motion passed unanimously, 5-0.
IX. PUBLIC HEARINGS 42
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Part I – Quasi-judicial
Mayor Jablin announced the procedures that would be followed in tonight’s quasi-judicial
proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight’s
public hearings. The City Clerk read Resolution 58, 2008 by title.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
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a. Resolution 58, 2008 – Art in Public Places for the Doubletree Expansion. A Resolution of the 1
City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the 2
Doubletree Hotel Planned Unit Development (PUD) Executive Meeting Center, as described more 3
particularly herein; providing for conditions of approval; providing an effective date; and for other 4
purposes. 5
Mayor Jablin opened the public hearing and requested ex parte communications. Mayor Jablin
stated he is the Council Liaison to the Art in Public Places (AIPP) Advisory Board and has heard
the presentation.
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Mark Fuller, artist for the DoubleTree Hotel expansion project, described the location for his
ArcSolar sculpture, Leaders in Energy and Environmental Design (LEED)-certified piece. Mr.
Fuller gave a presentation and displayed a sample from the piece. Vice Mayor Levy complimented
the art and established the materials and anchoring to be used. Mayor Jablin and Councilmember
Premuroso complimented the art work.
Patricia Hughey, Palm Beach Square, Palm Beach Gardens, questioned if the paint will fade and
who will be responsible for the maintenance of the art work.
Mark Fuller explained the ArcSolar piece has a powder-coated finish and will not fade and the
property owner will maintain it.
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated the ArcSolar piece is gorgeous.
Mayor Jablin closed the public hearing and brought Resolution 58, 2008 back up to City Council.
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Vice Mayor Levy made a motion for adoption of Resolution 58, 2008. Councilmember Russo
seconded. The motion passed unanimously, 5-0.
The City Clerk read Resolution 66, 2008 by title.
b. Resolution 66, 2008 – Palm Beach Community Church Daycare/Preschool. A Resolution of the 24
City Council of the City of Palm Beach Gardens, Florida approving a major conditional use to allow 25
a Preschool/Daycare for 85 students within Building G of the Borland Center / Midtown Planned 26
Unit Development, located on the North side of PGA Boulevard between Garden Square Boulevard 27
and Shady Lakes Drive, as more particularly described herein, to be referred to as the “Palm Beach 28
Community Church Daycare / Preschool”; providing conditions of approval; providing an effective 29
date; and for other purposes. 30
Mayor Jablin opened the public hearing and requested ex parte communications. Councilmembers
Premuroso and Barnett acknowledge reading a communication from Vito DeFrancisco. No other ex
parte communication was declared.
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Donaldson Hearting, representing Palm Beach Community Church, described the property, uses,
parking, preschool, and access. Mr. Hearing acknowledged receipt of a letter from Mr. DeFrancisco
at 5:00 p.m. this day. Mr. Hearing explained the applicant sent multiple mailings explaining the
project and addressed alcoholic sales, outdoor play area safety. Councilmember Barnett inquired
about the interior of the building. Mr. Hearing described the area and showed a slide, stated over
100 attend Sunday school and described the playground fence and mulch. Councilmember
Premuroso stated his concern for safety because of the fence height. Growth Management
Administrator Kara Irwin explained the code exemption for alcoholic beverages being sold by
restaurants within 500 feet of a church or school. Vice Mayor Levy stated his concerns.
Mayor Jablin opened the public hearing and invited those wishing to speak to come forward.
Eileen Tucker, Shady Lakes, Palm Beach Gardens, stated her concerns about the drop-off area and,
liquor sales, playground fencing safety and the difference between a preschool and daycare facility.
Donaldson Hearing explained a daycare and preschool are used interchangeably and an attendant
will always be present when children are in the playground.
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Mayor Jablin closed the public hearing and brought Resolution 66, 2008 back up to City Council.
Councilmember Barnett requested a conditional use for a higher, opaque, more secure fence. Chief
of Police Stephen Stepp objected to screening the playground. Vice Mayor Levy stated he is not
concerned about the fence.
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Councilmember Barnett made a motion for adoption of Resolution 66, 2008 with the condition that
a minimum 5-foot fence based upon Crime Prevention Through Environmental Design (CPTED)
requirements. Councilmember Premuroso seconded. Mayor Jablin stated he believes the fence is
adequate as it is and it should be certified to Department of Children and Families (DCF)
specifications. Councilmember Russo asked why the fence was approved originally at 48 inches.
Mr. Hearing explained DCF requires a 48-inch high fence and that the applicant would like to finish
tonight. Mr. Hearing stated that following the DCF certification the petitioner will bring the fence
issue back before the City Council. Councilmember Barnet restated her concern for safety. The
motion was amended to approve the major conditional use this evening contingent upon the
petitioner’s approval from the Department of Health and return after receiving the certification from
the Department of Health and a decision will be made about the fence. Councilmember Premuroso
seconded the amended motion. The motion passed unanimously, 5-0.
The City Clerk read Resolution 68, 2008 by title.
c. Resolution 68, 2008 – Village Square Professional Park Plat III. A Resolution of the City 19
Council of the City of Palm Beach Gardens, Florida approving the Village Square Plat No. 3; 20
providing an effective date; and for other purposes. 21
Mayor Jablin opened the public hearing. No ex parte communication was declared. No one came
forward to be heard. Mayor Jablin closed the public hearing and brought Resolution 68, 2008 back
up to City Council.
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Vice Mayor Levy made a motion for adoption of Resolution 68, 2008. Councilmember Barnett
seconded. The motion passed unanimously, 5-0.
Part II – Non-Quasi-judicial 28
29 The City Clerk read Ordinance 15, 2008 by title.
a. Ordinance 15, 2008 – (2nd reading and adoption) Convenience Business Security. An 30
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Convenience 31
Business Security; creating a new Section 78-193 to be entitled “Convenience Business Security”; 32
providing a conflicts clause; providing a severability clause; providing authority to codify; 33
providing an effective date; and for other purposes. 34
Mayor Jablin opened the public hearing. No ex parte communication was declared. Chief of Police
Stephen Stepp stated there has been no change between the first reading and the second reading.
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With no one wishing to speak Mayor Jablin closed the public hearing and brought Ordinance 15,
2008 back up to City Council.
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Vice Mayor Levy made a motion for adoption of Ordinance 15, 2008 on second reading.
Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 21, 2008 by title.
b. Ordinance 21, 2008 – (1st reading) Amending the Fiscal Year 2007/2008 Budget. An Ordinance 43
of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach 44
Gardens’ Budget for the Fiscal Year beginning October 1, 2007, and ending September 30, 2008, 45
inclusive; providing an effective date; and for other purposes. 46
Mayor Jablin opened the public hearing. No ex parte communication was declared. 47
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Councilmember Premuroso inquired about the projected decrease in electric franchise fees. Finance
Director Allan Owens stated it is due to vacant residences and commercial properties.
Mayor Jablin closed the public hearing and brought Ordinance 21, 2008 back up to City Council.
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Vice Mayor Levy made a motion for adoption of Ordinance 21, 2008 on first reading.
Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 26, 2008 by title.
c. Ordinance 26, 2008 – (1st reading) Amending Fiscal Year 2007/2008 Budgeted Fund Balance 8
Carryover. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 9
the Fiscal Year 2007/2008 budgeted fund balance carryover to actual amounts per the Fiscal Year 10
2007 audit; providing an effective date; and for other purposes. 11
Mayor Jablin opened the public hearing. No ex parte communication was declared. With no one
wishing to be heard Mayor Jablin closed the public hearing and brought Ordinance 26, 2008 back
up to City Council
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Vice Mayor Levy made a motion for adoption of Ordinance 26, 2008 on first reading.
Councilmember Barnett seconded. The motion passed unanimously, 5-0.
X. RESOLUTIONS 18
19 The City Clerk Read Resolution 70, 2008 by title.
a. Resolution 70, 2008 – Approving the Renewal of Insurance Benefits. A Resolution of the City 20
Council of the City of Palm Beach Gardens, Florida approving the renewal of Blue Cross Blue 21
Shield of Florida, Policy Number 91062, Guardian Policy Number 407008, and Lincoln Financial 22
Policy Numbers 000010074146 and 000010074147, for Fiscal Year 2008/2009; providing authority 23
for the City Manager to execute all necessary renewal agreements; providing an effective date; and 24
for other purposes. 25
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Vice Mayor Levy made a motion for adoption of Resolution 70, 2008 on first reading.
Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk Read Resolution 72, 2008 by title.
Resolution 72, 2008 – Appointment to the Board of Trustees. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida, providing for the reappointment of one (1) member to the
Board of Trustees of the City of Palm Beach Gardens General Employee Pension Board; providing
an effective date; and for other purposes.
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Mayor Jablin recommended applicant Brandon Dorsey. Councilmembers stated both applicants
were qualified but would agree with Mayor Jablin’s recommendation.
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Councilmember Russo made a motion appointing Brandon Dorsey. Vice Mayor Levy seconded.
The motion passed unanimously, 5-0.
XI. ORDINANCES (For Consideration on First Reading) 39
40 The City Clerk read Ordinance 12, 2008 by title.
a. Ordinance 12, 2008 – Land Use Designation of the Loxahatchee Slough and Sandhill Crane. An 41
Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale 42
amendment to its Comprehensive Development Plan in accordance with mandates set forth in 43
Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to 44
City-initiated application no. CPMA-08-04-000008, which provides for an amendment to the City’s 45
Future Land Use Map designating fourteen (14) parcels of real property comprising approximately 46
two thousand twenty-nine (2,029 ±) acres, more or less, in size as “Cons – Conservation”; such 47
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parcels of land are located North of Beeline Highway and PGA Boulevard, informally known as the 1
“Loxahatchee Slough and Sandhill Crane Natural Areas”; providing for compliance with all 2
requirements of Chapter 163, Florida Statutes; providing for transmittal to the State Land Planning 3
Agency; providing a conflicts clause, a severability clause and authority to codify; providing an 4
effective date; and for other purposes. 5
Mayor Jablin read the statement that for Ordinance 12, 2008 separate sign-in sheets are provided at
the front tables and by providing a name and address, you will receive information concerning the
date of the publication of the Notice of Intent by the Department of Community Affairs. A public
comment card must be filled out by those planning to speak during the public hearing.
Growth Management Administrator Kara Irwin stated the City-initiated petition for the large scale
amendment has completed its first cycle. Administrator Irwin explained the difference between
large scale and small scale land use. This is a joint application for the City and County and will
change the 2,029± acres to conservation. Land use site designations were explained and the areas
described. On July 8, 2008 the Planning and Zoning Commission, sitting as the Local Planning
Agency (LPA), voted unanimously to approve the subject petition. The land was acquired for
conservation. The City will have 40 percent of the land area as conservation. Staff recommends
approval.
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Vice Mayor Levy made a motion for approval of Ordinance 12, 2008 for consideration on first
reading. Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 16, 2008 by title.
b. Ordinance 16, 2008 – Land Use designation of a portion of Northlake Congress Plaza. An 22
Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a small scale 23
amendment to its comprehensive development plan in accordance with the mandates set for the in 24
Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, pursuant 25
to City-initiated application No. CPMA-08-06-000010, which provides for an amendment to the 26
City’s Future Land Use Map designating one (1) parcel of real property comprising approximately 27
one and 37/1000 (1.37±) acres, more or less, in size as “(C) Commercial”; such parcel of land is 28
located at the Northeast corner of Northlake Boulevard and Congress Avenue, informally known as 29
the “Northlake Congress Commercial Center”; providing for compliance with all requirements of 30
Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an 31
effective date; and for other purposes. 32
Growth Management Administrator Kara Irwin presented Ordinance 16, 2008 and described the
location of the property, surrounding area and explained the need for the land use to be consistent.
Staff recommends approval.
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Vice Mayor Levy made a motion for approval of Ordinance 16, 2008 for consideration on first
reading. Councilmember Russo seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 17, 2008 by title.
c. Ordinance 17, 2008 – Land Use Designation of a Portion of the Waterway Café. An Ordinance 40
of the City Council of the City of Palm Beach Gardens, Florida adopting a small scale amendment 41
to its comprehensive development plan in accordance with the mandates set forth in Chapter 163, 42
Florida Statutes, specifically section 163.3187(1)(c), et seq., Florida Statutes, pursuant to City-43
initiated application No. CPMA-08-06-000009, which provides for an amendment to the City’s 44
Future Land Use Map designating one (1) parcel of real property comprising approximately one and 45
50/100 (1.50±) acres, more or less, in size as “(C) Commercial”; such parcel of land is located on 46
the South side of PGA Boulevard approximately ¼ mile East of Prosperity Farms Road, informally 47
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known as the “Waterway Café Restaurant”; providing a conflicts clause and a severability clause; 1
providing an effective date; and for other purposes. 2
Growth Management Administrator Kara Irwin presented Ordinance 17, 2008 and described the
location of the property, surrounding area and explained that commercial property abutting
residential property has different requirements, such as walls or buffers, that commercial property
abutting commercial property does not have. Two neighbors wrote in support of the project. Staff
recommends approval. Inquiries from residents were answered.
Elliot Perry, 11456 Kidd Lane, Palm Beach Gardens, Florida, discussed issues with the Waterway
Café and presented letters signed by neighbors.
Richard Gagliardi, General Manager of the Waterway Café, 2300 PGA Boulevard, Palm Beach
Gardens, explained work done by the Waterway Café in trimming trees.
R. Max Lohman, Interim City Attorney, stated the issues are between neighbors. Ordinance 17,
2008 is housekeeping in nature because the land use does not match the zoning.
Mayor Jablin closed the discussion. Councilmember Barnett inquired about traffic concurrency.
Administrator Irwin stated the Ordinance is about land use and no traffic issues are raised by the
project.
Motion 17
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Vice Mayor Levy made a motion for approval of Ordinance 17, 2008 for consideration on first
reading. Councilmember Russo seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 14, 2008 by title.
d. Ordinance 14, 2008 – Transmittal and Adoption of Text Amendments. An Ordinance of the City 21
Council of the City of Palm Beach Gardens, Florida amending its comprehensive development plan 22
to adopt Evaluation and Appraisal (“EAR”) based amendments pursuant to Section 163.3191, 23
Florida Statutes, which provides for a comprehensive update to all elements, affecting the 24
pagination in each amended element and including revised text necessary to update the data and 25
analysis of the comprehensive plan; providing that the text, as amended or revised, shall be 26
substituted for and replace in full the existing text in all amended elements; providing for transmittal 27
to the State Land Planning Agency; providing a conflicts clause, a severability clause and authority 28
to codify; providing an effective date; and for other purposes. 29
Councilmember Barnett asked if the changes discussed in prior meetings were incorporated.
Planning Manager Nilsa Zacarias stated they have been incorporated. Councilmembers thanked
Planning Manager Zacarias for doing a great job on the EAR.
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Planning Manager Zacarias explained the process that has been used and offered to answer any
questions. There were no further questions. Planning Manager Zacarias acknowledged and thanked
the team of Senior Planner Stephen Mayer, GIS Manager Aries Page, Transportation Consultant
John Keene and Judy Dye, who updated all of the infrastructure elements.
Mayor Jablin stated there are separate sign-in sheets at the front table for these petitions. By
providing a name and address you will receive information concerning the date of publication of the
notice of intent by the Department of Community Affairs. You will still have to fill out a public
comment card and provide it to the City Clerk if you plan to speak during the public hearing.
Mayor Jablin opened the public hearing. With no one wishing to be heard, the public hearing was
closed and Ordinance 14, 2008 brought back up to City Council.
Motion 43
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Vice Mayor Levy made a motion for approval of Ordinance 14, 2008 for consideration on first
reading. Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 17, 2008 by title.
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e. Ordinance 25, 2008 – Mitigation Cost Recovery. An Ordinance of the City Council of the City 1
of Palm Beach Gardens, Florida relating to Mitigation Cost Recovery; creating a new Section 38-2, 2
Code of Ordinances, to be entitled “Recovery of City Response Costs”; providing a conflicts clause; 3
providing a severability clause; providing authority to codify; providing an effective date; and for 4
other purposes. 5
Fire Chief Bergel explained the cost recovery concept, how it will work and estimated money that
will be collected. Staff recommends approval. Councilmembers stated their approval of Chief
Bergel’s presentation.
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Mayor Jablin opened the public hearing. With no one wishing to be heard Mayor Jablin closed the
public hearing and brought Ordinance 25, 2008 back up to City Council.
Motion 11
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Vice Mayor Levy made a motion for approval of Ordinance 25, 2008 for consideration on first
reading. Councilmember Barnett seconded. The motion passed unanimously, 5-0.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 14
15 The City Clerk read Resolution 69, 2008 by title.
a. Resolution 69, 2008 – U.S. Mayor’s Climate Protection Agreement. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the endorsement of the U.S. Mayors
Climate Protection Agreement to reduce global warming pollution; providing an effective date; and
for other purposes.
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Jan Bel Jan, 5117 Magnolia Bay Circle, Palm Beach Gardens, asked what the City will do, the cost
and the benefit. Vice Mayor Levy explained that it will not cost the City anything and we will save
approximately $3,000.00 in fuel costs because of changes to more fuel efficient vehicles, more
efficient lighting, recycling, etc. Vice Mayor Levy explained further conservation methods.
Motion 24
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Councilmember Russo made a motion for approval of Resolution 69, 2008 for consideration on first
reading. Vice Mayor Levy seconded. The motion passed unanimously, 5-0.
XIII. CITY ATTORNEY REPORT 27
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None.
Councilmember Barnett stated the period for accepting applications for the City Attorney position
has closed and asked for a status. Councilmember Russo asked that staff review the applications and
provide City Council with the top three to five. Councilmember Russo also asked that a cost
analysis be provided since an outside attorney’s services have been used for the past months and
that staff provide feedback on using an outside attorney. Councilmember Premuroso suggested
waiting until after the budget is passed. Interim Attorney Lohman stated Councilmembers can meet
to discuss the applications in a properly noticed meeting in a public forum. Councilmember Russo
stated the subject of the meeting should be to decide on how the City Council wants to proceed.
(The remainder of this page intentionally left blank.)
XIV. ADJOURNAMENT 1
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There being no further business to come before the Council, Vice Mayor Levy made a motion to
adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5-0. The meeting was
adjourned at 10:30 p.m. The next regularly scheduled City Council meeting will be held August 21,
2008.
APPROVED: 7
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Eric Jablin, Mayor
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David Levy, Vice Mayor
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Joseph R. Russo, Councilmember
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Jody Barnett, Councilmember
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Robert G. Premuroso, Councilmember
ATTEST: 37
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Patricia Snider, CMC
City Clerk
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Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts
of the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 2008
The September 4, 2008 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:05 p.m. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric
Jablin.
I. PLEDGE OF ALLEGIANCE 10
II. ROLL CALL 11
The City Clerk called the roll and the following elected officials were found to be in
attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
Councilmember Jody Barnett and Councilmember Robert Premuroso.
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III. ADDITIONS, DELETIONS, MODIFICATIONS 15
Additions – None. 16
Deletions – Part I – Quasi-judicial, Resolution 77, 2008 – Approving the Christ Fellowship
Church North Campus Replat. This plat was scheduled to be signed by Northern Palm Beach
Improvement District on August 26, 2008, but has been delayed until September 23, 2008 and
will be moved to a future Council agenda.
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Modifications – Part II – Non-Quasi-judicial – Amending the Fiscal Year 2007/2008 Budget.
Ordinance 21, 2008 has been postponed until date certain of September 18, 2008 so all budget
items will be heard at the same time.
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Motion 24
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Vice Mayor Levy made a motion in favor of the deletions and modifications. Councilmember
Russo seconded. The motion passed unanimously, 5-0.
IV. ANNOUNCEMENTS AND PRESENTATIONS 27
a. Mayor Jablin invited Councilmember Premuroso, former Chair of the Parks and 28
Recreation Advisory Board, to join him in presenting the Palm Beach Gardens 11U All-Stars 29
with a Certificate of Achievement for winning the Cal Ripken Baseball Southeast Regional 30
Tournament. 31
V. PUBLIC HEARINGS FOR 2008/2009 BUDGET – NON-QUASI JUDICIAL 32
a. Presentation of the Fiscal Year 2008/2009 Budget. 33
The City Clerk read Ordinance 24, 2008 by title. 34
b. Ordinance 24, 2008 – (1st reading) Adopting fiscal year 2008/2009 budget. An Ordinance 35
of the City Council of the City of Palm Beach Gardens, Florida adopting a budget for the City 36
of Palm Beach Gardens for the Fiscal Year commencing October 1, 2008, and ending 37
September 30, 2009; and providing an effective date. 38
City Manager Ron Ferris asked that the budget presentation be postponed so he can present
the results of the Resident Opinion Survey and the Compensation and Benefits Study. City
Manager Ferris explained the premise of the Resident Opinion Survey and that it could be
completed on paper or online at the City website. There were more than 1,100 paper
responses and 353 online responses. City Manager Ferris read the survey and the responses to
each category. City Manager Ferris presented the Compensation and Benefits Study results.
The study was conducted by an outside consultant.
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Finance Administrator Allan Owens explained the budget process and presented the
2008/2009 budget. Revisions from the original budget include an increase in the operating
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rate from 5.20 to 5.25 mills. A new internal service fund has been created to account for
health insurance benefits. Finance Administrator Owens explained the effects of the 2007 tax
legislation. Budget Oversight Committee (BOC) members Chair Harvey Goldberg, Ken
Menard and Bernard Pettingill, Ph.D. were introduced. Chair Goldberg explained the process
the BOC follows and reported their conclusions. The BOC recommended that the City
Council adopt the 2008/2009 budget as presented. Major Jablin, Vice Mayor Levy,
Councilmember Russo and Councilmember Premuroso thanked the BOC members for their
work. Councilmember Barnett thanked the BOC for their work and asked about the
advisability of using approximately $300,000.00 from the reserve account for the upcoming
fiscal year. Chair Goldberg stated the reserve account is over the percentage balance set by
the City Council so there is leeway. He also stated there are potential sources of revenue in
the coming year and he would advise waiting to see if they come about before using reserve
funds. Finance Administrator Owens stated the budget was balanced for revenue versus
expenditures at 5.20 mills and the 5.25 millage rate will allow an extra $460,000.00 to
reserves that has not been allocated. Finance Administrator Owens thanked the BOC members
and explained the required actions by the City Council.
Mayor Jablin opened the public hearing.
Dionna Brahs, 1926 10th Avenue North, Lake Worth, Realtors Association of the Palm
Beaches, asked that the millage rate not be increased.
John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated the importance of getting
all City employees into the Florida Retirement System (FRS).
Eric Sain, 316 North Bromeliad, West Palm Beaches, Vice President of the Realtors
Association of the Palm Beaches, asked that the millage rate not be increased.
Eileen Tucker, Shady Lakes, questioned the results of the resident survey and budget line
items and suggested using excess funds in the reserve account to buy the District Park.
Joel Channing, 59 St. George Place, Palm Beach Gardens, stated the PGA Corridor
Association supports the proposed budget and millage.
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated the City of Palm Beach
Gardens has always had lower taxes than surrounding areas.
Paul Auerbach, 11215 Curry Drive, Palm Beach Gardens, asked how the removal of four
police officers can be justified. Police Chief Stephen Stepp explained the reorganization that
allowed the elimination four administrative positions but put more officers on the road.
Councilmember Barnett asked with more officers are on the road, is there adequate staffing
inside, such as detectives. Councilmember Barnett also inquired if Palm Beach Gardens
officers working in special units, such as the Gang Unit for the Palm Beach County Sheriff’s
Office, adversely affects staffing. Chief Stepp explained the benefit the Palm Beach Gardens
Police Department receives by working in mutual aid with other agencies.
Mayor Jablin closed the public hearing.
Councilmember Premuroso explained that should the millage rate remain at 5.10 services
would have to be cut. He also explained his reasons for supporting the 5.25 millage rate.
Councilmember Barnett stated her concern that there be no degradation of services provided
by the Fire Department and inquired about the status of the nine firefighters hired in 2006.
Fire Chief Pete Bergel stated the firefighters were hired in 2005 and with the upcoming
budget they will be phased out. Councilmember Barnett asked about the amount spent on
overtime this year. Chief Bergel stated the approximate amount is $200,000.00 over budget
due to disabilities and staffing. Chief Bergel explained the change to staffing requirements
through bargaining and how Interlocal Agreements work. Accreditation will not be affected
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by the change to either/or staffing. Councilmember Barnett stated she would prefer to retain
the current system and fund it adequately. Councilmember Barnett made further comments
regarding specific budget items and questioned money budgeted for the City’s 50th birthday
party. Councilmember Barnett questioned the cost of the City Clerk’s vehicle, used for
delivering City Council mail, and stated she would be willing to come to the City and pick up
her own mail. Vice Mayor Levy encouraged staff to continue to look for ways to save money
and stated he wants to retain the Economic Development portion of the reserves. Vice Mayor
Levy stated his support for purchasing the District Park and discussed the 5.20 and 5.25
millage rates and the effects each will have for the City. Councilmember Russo stated the
intent of Amendment 1 was to reduce taxes; he does not believe the City can afford to
purchase the District Park at this time and he is willing to come to the City to pick up his mail.
Councilmember Russo proceeded to discuss the value of the lobbyist and not micromanaging
the Police and Fire Departments. Councilmember Russo stated he is willing to support the
5.20 millage rate, but not the 5.25 millage rate and he supports the conversion of leave. Mayor
Jablin stated he has an appointment with County Commissioner Marcus on September 8,
20089 where the District Park will be discussed. Mayor Jablin stated he does support the 5.25
millage rate as well as his support for the Police and Fire Departments and public safety.
Councilmember Barnett stated she could support the 5.25 millage rate if the money was
directed to the Fire Department. Further discussion of the millage rate, Police and Fire
Department staff and acquisition of the District Park ensued.
Motion 21
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Vice Mayor Levy made a motion for adoption of the tentative millage rate of 5.399 mills for
2008/2009. Councilmember Premuroso seconded. The motion passed with a vote of 3-2 with
Councilmember Russo and Councilmember Barnett dissenting.
Motion 25
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Vice Mayor Levy made a motion announcing that the rate is less than the rollback rate by
4.136 percent. Councilmember Premuroso seconded. The motion passed unanimously, 5.0.
Motion 28
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Vice Mayor Levy made a motion approving Ordinance 24, 2008 on first reading adopting a
tentative budget for fiscal year 2008/2009 and setting the second and final hearing for
September 18, 2008 at 7:00 p.m. in the Council Chambers. Councilmember Premuroso
seconded. The motion passed with a vote of 3-2 with Councilmember Russo and
Councilmember Barnett dissenting.
VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 34
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Councilmember Premuroso stated he attended the Neighborhood Crime watch last week
conducted by Officer Jules Barone in the Police Department and was very impressed with the
presentation and the technology used to keep officers and dispatch in touch while off duty.
Councilmember Russo did not have a report. Vice Mayor Levy attended Palm Beach County
League of Cities Board meeting and general meeting, which have been combined. The County
is eliminating its Preservation and Protection Grant program, which means grant money will
no longer be available for the removal of exotics. Vice Mayor Levy asked if Council would be
interested in having a speaker come to discuss the Let Us Vote Amendment in October. Vice
Mayor Levy listed new League of Cities members. The League of Cities is sponsoring a golf
tournament October 10, 2008 benefitting a scholarship fund. Councilmember Barnett
reported on the missing 3,400 votes from the County election. Councilmember Barnett
requested that staff inquire about returning the Sienna Oaks polling location from the Moose
Lodge to the Allamanda Elementary School after its completed renovation. Mayor Jablin
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announced that he, representing the City Council, signed the U.S. Mayors Climate Protection
Agreement and read the certificate from the Sierra Club.
VII. CITY MANAGER REPORT 3
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City Manager Ron Ferris reported on Code Enforcement activities and services. Operations
Director David Reyes noted the increase of abandoned properties throughout the City, with 27
now being managed by staff. Operations Director Reyes described the action his department
is taking to maintain the noted properties. A task force team has been formed with members
from different departments helping to identify code enforcement issues, which are then
followed up on using the necessary resources. The Code Enforcement Department also works
with the Solid Waste Authority (SWA) on projects that need to be taken care of. Vice Mayor
Levy asked if liens are being filed against properties the City is maintaining for cost recovery.
Interim City Attorney R. Max Lohman explained the house in question is abandoned. When
the City amended the Ordinance that addresses the Florida Building Code the unsafe building
code was inadvertently removed, which removed the ability of the City to condemn a
property. An Ordinance is being developed and it is planned to come before City Council for
first reading at the September 18, 2008 meeting.
VIII. COMMENTS FROM THE PUBLIC 17
18 None.
IX. CONSENT AGENDA 19
a. Approve Minutes from July 17, 2008 regular City Council meeting. 20
b. Resolution 73, 2008 – Lease Agreement. A Resolution of the City Council of the City of 21
Palm Beach Gardens, Florida approving a Lease Agreement with the School Board of Palm 22
Beach County for temporary parking within the Mirasol School site; providing an effective 23
date; and for other purposes. 24
c. Resolution 76, 2008 – Agreement with Staffing connection/Action Labor.. A Resolution 25
of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor to 26
execute Addendum III to the Agreement with Staffing Connection/Action Labor for School 27
Crossing Guard Services; providing an effective date; and for other purposes. 28
Motion 29
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Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember
Barnett seconded. The motion passed unanimously, 5-0.
X. ORDINANCES (For Consideration on First Reading) 32
a. Ordinance 18, 2008 – Voluntary Annexation. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida annexing, pursuant to a petition for voluntary
annexation, a parcel of land consisting of approximately 0.71 acres, generally located at the
Southwest Corner of the intersection of Northlake Boulevard and Military Trail in Palm
Beach County, Florida, as more particularly described herein; declaring that the voluntary
annexation petition bears the signature of the owner of the real property annexed hereby;
amending Article II of the City Charter by redefining the Corporate Limits; providing a
conflicts clause, a severability clause and authority to codify; providing an effective date; and
for other purposes.
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Councilmember Russo abstained from the portion of the meeting on Ordinance 18, 2008.
Dodi Glas, Gentile, Holloway, O’Mahoney & Associates, Inc. (GHO), representing the
petitioner, described the location, size, zoning, land use and surrounding area of the property.
The annexation into the City is voluntary. Vice Mayor Levy questioned the area as 0.77 as
written in Ordinance 18, 2008. Ms. Glas stated the area is 0.71 acres. Senior Planner Stephen
Mayer, Growth Management Department, explained the concurrent processing and stated that
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the petitioner has met all requirements. Palm Beach County issued a no objection letter to the
annexation. Staff recommends approval of Ordinance 18, 2008.
There were no public comments.
Motion 4
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Vice Mayor Levy made a motion for approval of the Ordinance 18, 2008 on first reading.
Councilmember Barnett seconded. The motion passed unanimously, 4-0.
Councilmember Russo abstained from the portion of the meeting on Ordinance 19, 2008.
b. Ordinance 19, 2008 – Northlake Shell. An Ordinance of the City Council of the City of 8
Palm Beach Gardens, Florida adopting a small scale amendment to its comprehensive 9
development plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, 10
specifically Section 163.3187(1)(c), et seq., Florida Statutes, pursuant to privately initiated 11
application No. CPSS-07-12-000002, which provides for an amendment to the City’s Future 12
Land Use Map designating one (1) parcel of real property comprising approximately (0.71±) 13
acres, more or less, in size as “(C) Commercial”; such parcel of land is located at the 14
Southwest corner of the intersection of Northlake Boulevard and Military Trail, informally 15
known as the “Northlake Shell”, providing for compliance with all requirements of Chapter 16
163, Florida Statutes; providing a conflicts clause, a severability clause and authority to 17
codify; providing an effective date; and for other purposes. 18
Motion 19
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Vice Mayor Levy made a motion for approval of the Ordinance 19, 2008 on first reading.
Councilmember Barnett seconded. The motion passed unanimously, 4-0.
Councilmember Russo returned to the dais.
XI. PUBLIC HEARINGS 23
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Part I – Quasi-judicial
Mayor Jablin announced the procedures that would be followed in tonight’s quasi-judicial
proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight’s
public hearings. The City Clerk read Ordinance 20, 2008 by title.
a. Ordinance 20, 2008 – (1st reading) Divers Direct Expansion. An Ordinance of the City 28
Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 29
1.37 acres, located on the Southwest corner of I-95 and Northlake Boulevard, as described 30
more particularly herein, from General Commercial (CG-1) zoning district to Planned Unit 31
Development (PUD) overlay with an underlying zoning district of General Commercial (CG-32
1) to be known as the Diver’s Direct PUD and revising the City zoning district map 33
accordingly; providing a conflicts clause, a severability clause and authority to codify; 34
providing an effective date; and for other purposes. 35
Resolution 61, 2008 is a companion item to Ordinance 20, 2008 and will require council
action only at second reading.
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Resolution 61, 2008 – Divers Direction Expansion. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Diver’s Direct Planned Unit Development
(PUD) to allow for the 3,710-square-foot expansin to the existing retail building on a 1.37-
acre parcel, as described more particularly herein; providing waivers; providing conditions of
approval; providing an effective date; and for other purposes.
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Mayor Jablin requested ex parte communication with none declared.
Mike Sanchez, Johnston Group Land Development Consultants, representing Diver’s Direct,
explained the location, surrounding area, proposed building modifications, signage and waiver
requests. The Planning, Zoning and Appeals Board recommended approval with seven
waivers. Mr. Sanchez explained the requirements of installation and maintenance of irrigation
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and landscaping within the adjacent rights-of-way along the road shoulder and median
bordering the petitioner’s property as well as the areas currently maintained by the City and
asked that the petitioner not be required to maintain the area along the Interstate 95 on-ramp
and that the requirement be removed from the Development Order. The open space
requirements are met.
Planner, Richard Marrero, Growth Management Department, reviewed the zoning, location,
signage, architecture theme and waivers. Staff recommends approval of Ordinance 20, 2008
and Resolution 61, 2008 with six waivers and recommends denial of the waivers for the
additional sign on the East elevation and the proposed language modification to the roadway
beautification condition. The Planning, Zoning and Appeals Board recommended approval for
the additional sign on the East elevation.
Councilmember Russo stated his objection to the flag and his approval of the building
improvements. Councilmember Barnett inquired about the traffic pattern for ingress and
egress to the property. Planner Marrero explained only a right turn can be made from Sunset
Drive on to Northlake Boulevard and stacked cars could cause a problem for cars turning onto
Sunset Drive to make a left turn to enter the property. Councilmember Barnett stated she
approves of the flag because it draws customers to the business. Vice Mayor Levy stated his
approval of the flag and agreement with the denial of the beautification waiver and additional
sign waiver.
Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin
closed the public hearing and returned Ordinance 20, 2008 to the Council for further
discussion. Interim Attorney R. Max Lohman cited code section 78-287(d) that does allow a
recognized scuba diving shop to display a flag. Mayor Jablin surmised that the majority of
Councilmembers agree with the flag and the additional sign.
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Vice Mayor Levy made a motion for approval of the Ordinance 20, 2008 on first reading.
Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 23, 2008 by title.
b. Ordinance 23, 2008 – (1st reading) Northlake Boulevard Shell PUD. An Ordinance of the 29
City Council of the City of Palm Beach Gardens, Florida rezoning a 0.71 acre, more or less, 30
parcel of land located at the Southwest corner of the intersection of Military Trail and 31
Northlake Boulevard, more commonly known as the Northlake Shell Property and more 32
particularly described herein, from the existing County zoning designation of commercial 33
Neighborhood (CN) to the city’s zoning designation of General Commercial (CG-1) with a 34
Planned Unit Development (PUD) overlay to be known as the Northlake Boulevard Shell 35
PUD; providing revisions to the zoning district map; providing a conflicts clause, a 36
severability clause and authority to codify; providing an effective date; and for other 37
purposes. 38
Resolution 67, 2008 is a companion item to Ordinance 23, 2008 and will require council
action only at second reading.
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Resolution 67, 2008 – Northlake Boulevard Shell PUD. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Northlake Boulevard Shell’s Planned
Unit Development (PUD) to allow for a 3,000-square-foot service station building with
twelve (12) gasoline pumps on a 0.71-acre parcel, as described more particularly herein;
providing waivers; providing conditions of approval; providing an effective date; and for
other purposes.
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47 Mayor Jablin asked for ex parte communication with none declared.
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Councilmember Russo abstained from the portion of the meeting on Ordinance 23, 2008.
Dodi Glas, GHO, representing the petitioner, explained the property location, site plan,
architecture, signage, landscaping and waivers. Vice Mayor Levy inquired about the condition
of the tanks and equipment. Ms. Glas replied that all tanks and equipment are being upgraded
and there is no known contamination. Vice Mayor Levy warned that the Sunoco Station on
PGA Boulevard and Prosperity Farms was heavily contaminated. Councilmember Barnett
asked if the requirements of the Northlake Boulevard Overlay Zone (NBOZ) can be waived.
Planner Marrero stated that there is a provision in the NBOZ that allows waivers.
Planner Marrero stated staff does support all of the waivers. Councilmember Barnett inquired
about the red fast food sign on the side of the building. Growth Management Administrator
Kara Irwin explained that the food shop inside of the building is a tenant and is entitled to a
sign. Councilmember Barnett stated her objection to the red color of the sign. Ms. Glas stated
the color matches the red of the Shell signage.
Mayor Jablin opened the public hearing. With no one wishing to be heard Mayor Jablin
closed the public hearing and brought Ordinance 23, 2008 back to Council.
Motion 16
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Vice Mayor Levy made a motion for approval of the Ordinance 23, 2008 on first reading.
Councilmember Barnett seconded. The motion passed unanimously, 4-0.
Mayor Jablin stated Resolution 77, 2008 has been deleted.
Part II – Non-Quasi-Judicial 20
21 The City Clerk read Ordinance 16, 2008 by title.
a. Ordinance 16, 2008 – (2nd reading and adoption) Land Use designation of a portion of 22
Northlake Congress Plaza. An Ordinance of the City Council of the City of Palm Beach 23
Gardens, Florida adopting a small scale amendment to its comprehensive development plan in 24
accordance with the mandates set for the in Chapter 163, Florida Statutes, specifically Section 25
163.3187(1)(c), et seq., Florida Statutes, pursuant to City-initiated application No. CPMA-08-26
06-000010, which provides for an amendment to the City’s Future Land Use Map designating 27
one (1) parcel of real property comprising approximately one and 37/100 (1.37±) acres, more 28
or less, in size as “(C) Commercial”; such parcel of land is located at the Northeast corner of 29
Northlake Boulevard and Congress Avenue, informally known as the “Northlake Congress 30
Commercial Center”; providing for compliance with all requirements of Chapter 163, Florida 31
Statutes; providing a conflicts clause and a severability clause; providing an effective date; 32
and for other purposes. 33
Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin
closed the public hearing and brought Ordinance 16, 2008 back to Council.
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Vice Mayor Levy made a motion for approval of the Ordinance 16, 2008 on second reading
and adoption. Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 17, 2008 by title.
b. Ordinance 17, 2008 – (2nd reading and adoption) Land Use Designation of a Portion of 40
the Waterway Café. An Ordinance of the City Council of the City of Palm Beach Gardens, 41
Florida adopting a small scale amendment to its comprehensive development plan in 42
accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically section 43
163.3187(1)(c), et seq., Florida Statutes, pursuant to City-initiated application No. CPMA-08-44
06-000009, which provides for an amendment to the City’s Future Land Use Map designating 45
one (1) parcel of real property comprising approximately 1.50± acres, more or less, in size as 46
“(C) Commercial”; such parcel of land is located on the South side of PGA Boulevard 47
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approximately ¼ mile East of Prosperity Farms Road, informally known as the “Waterway 1
Café Restaurant”; providing a conflicts clause and a severability clause; providing an 2
effective date; and for other purposes. 3
Mayor Jablin opened the public hearing. With no one wishing to be heard Mayor Jablin
closed the public hearing and brought Ordinance 17, 2008 back to Council.
Motion 6
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Vice Mayor Levy made a motion for approval of the Ordinance 17, 2008 on second reading
and adoption. Councilmember Barnett seconded. The motion passed unanimously, 5-0.
Mayor Jablin stated that Ordinance 21, 2008 has been postponed to date certain September
18, 2008.
The City Clerk read Ordinance 21, 2008 by title.
c. Ordinance 21, 2008 – (2nd reading and adoption) Amending the Fiscal Year 2007/2008 12
Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 13
amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 14
2007, and ending September 30, 2008, inclusive; providing a conflicts clause , a severability 15
clause and providing an effective date; and for other purposes. 16
XII. RESOLUTIONS 17
18 None.
XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION 19
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Councilmember Barnett requested that the Board and Committee Ordinance 17, 2004
attendance policy section be amended to allow for excused absences if attendance would
cause a board member to be in violation of any Federal, State or Municipal law. Mayor Jablin
stated the attendance policy used to be very lenient, but is now very strict. Councilmembers
agreed to have staff review the policy.
XIV. CITY ATTORNEY REPORT 25
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None.
(The remainder of this page intentionally left blank.)
XIV. ADJOURNAMENT 1
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There being no further business to come before the Council, Vice Mayor Levy made a motion
to adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5-0. The
meeting was adjourned at 10:52 p.m. The next regularly scheduled City Council meeting will
be held September 18, 2008.
APPROVED: 7
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Eric Jablin, Mayor
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David Levy, Vice Mayor
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Joseph R. Russo, Councilmember
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Jody Barnett, Councilmember
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Robert G. Premuroso, Councilmember
ATTEST: 37
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Patricia Snider, CMC
City Clerk
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Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 18, 2008
The September 18, 2008 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:04 p.m. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric
Jablin.
I. PLEDGE OF ALLEGIANCE 10
II. ROLL CALL 11
The City Clerk called the roll and the following elected officials were found to be in
attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo,
Councilmember Jody Barnett and Councilmember Robert Premuroso.
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III. ADDITIONS, DELETIONS, MODIFICATIONS 15
None. 16
IV. ANNOUNCEMENTS AND PRESENTATIONS 17
None. 18
V. PUBLIC HEARINGS FOR 2008/2009 BUDGET – NON-QUASI JUDICIAL 19
a. Presentation of the Fiscal Year 2008/2009 Budget. 20
The City Clerk read Resolution 71, 2008 and Ordinance 24, 2008 by title. 21
b. Resolution 71, 2008 – Adopting a Tax Levy and Millage Rate. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for
the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2008, and ending
September 30, 2009; directing the City Clerk to forward a certified copy of this Resolution to
the Property Appraiser and Tax Collector within three (3) days after its adoption; and
providing an effective date; and for other purposes.
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b. Ordinance 24, 2008 – (2nd reading) Adopting fiscal year 2008/2009 budget. An 28
Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a budget 29
for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2008, and 30
ending September 30, 2009; and providing a conflicts clause, a severability clause and 31
authority to codify; providing an effective date; and for other purposes. 32
City Manager Ron Ferris asked the City Council if they would like to hear the full financial
presentation. The Councilmembers chose an abbreviated version.
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Finance Administrator Allan Owens explained that this is the second and final hearing for the
Fiscal Year 2008/2009 budget according to Florida Statute 200.065. The tentatively adopted
operating millage rate is 5.399 mills; which includes 5.25 operating and 0.149 debt service.
The rate is 1.436 below the rollback rate of 5.4765. The total of all funds budgeted for the
next year is $119,001,158.00. Finance Administrator Owens explained the required actions
that must be taken by the City Council.
Mayor Jablin opened the public hearing.
Tom Cairnes, representing the PGA Corridor Association, recommended approval of the
millage rate as stated.
With no one else wishing to be heard, Mayor Jablin closed the public hearing and brought
Ordinance 24, 2008 back to the City Council.
Councilmember Barnett asked about the process to be used to spend the money in the budget
for the City’s 50th birthday party. Recreation Director Charlotte Presensky explained the
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funds are in the special revenue fund and are revenue-generating funds that come from
sponsorships. The funds are under the Recreation Division and are for the activities during the
50th year for celebration events. The accounting of the funds and spending decisions are made
by staff. Councilmember Barnett stated her objections to spending the birthday party funds.
City Manager Ferris explained the difference between the budgeted funds and how grant
money is accepted and spent. Mayor Jablin explained his discussions regarding a grant from
the John D. and Catherine T. MacArthur Foundation, which seem favorable at this time. If the
grant is offered to the City, the City Council will decide whether to accept it or not. These
funds would be over and above the funds for the Recreation Division.
Motion 10
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Vice Mayor Levy made a motion for approval of Resolution 71, 2008 setting the millage rate
of 5.399 mills for 2008/2009. Councilmember Premuroso seconded. Councilmember Barnett
stated her objections to the budget process and the 2008/2009 budget itself. Councilmember
Russo stated his objections to the 2008/2009 budget and that he will not support it.
Councilmember Premuroso complimented the City Manager and staff for their help during the
budget process and explained his support for the 5.25 millage rate. Vice Mayor Levy stated he
wants to see a steady millage rate and that he will support the budget. Mayor Jablin stated his
support of the 5.25 millage rate and that he will support the budget. The motion passed with a
vote of 3-2 with Councilmember Russo and Councilmember Barnett dissenting.
Motion 20
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Vice Mayor Levy made a motion approving Ordinance 24, 2008 adopting the fiscal year
2008/2009 budget on final reading. Councilmember Premuroso seconded. The motion passed
with a vote of 3-2 with Councilmember Russo and Councilmember Barnett dissenting.
VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 24
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Councilmember Premuroso did not have a report. Councilmember Russo stated that he and
Vice Mayor Levy attended a Bioscience Land Protection Advisory Board (BLPAB) meeting
and reported that Scripps is on target. Max Planck is on schedule. Vice Mayor Levy reported
on the Florida Recreation Development Assistance Program (FRDAP) Grant meeting held on
October 15, 2008. The parking lots on Burns Road should be completed shortly; bids for the
PGA National Park will be opened October 2, 2008 and the Park will close on October 6,
2008 to begin renovations. The refurbishment of the old pool will be finished by mid-October.
The Oaks Park playground has been shut down for renovation. The dancing and adult dodge
ball programs are successful. The Youth Triathlon will take place on October 4, 2008 with
250 entrants and sponsorship by The Gardens Mall and Publix. The Green Market starts
October 19, 2008 and the Fall Festival will be held October 25, 2008. The golf course now
offers a children’s birthday party program. Vice Mayor Levy reported on the Regional
Hazardous Materials Oversight Committee meeting (HSMAT). Councilmember Barnett did
not have a report. Mayor Jablin reported his meeting with Congressman Mahoney, the
opening day of soccer, and the dedication of Strayer University. The Mayor’s Trophy game
was a success.
VII. CITY MANAGER REPORT 41
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City Manager Ron Ferris reported the florets have been reinstalled on the PGA flyover. A
one-year guarantee is in place and a regular maintenance schedule has been established. The
City won a design award for the PGA flyover bridge.
VIII. COMMENTS FROM THE PUBLIC 45
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Tom Cairnes, spoke on behalf of the PGA Corridor Association, commented on the PGA
Flyover and its design and the purchase of the park.
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Tom DeRita, 5770 Whirlaway Road, Palm Beach Gardens, reported on a bipartisan meeting
with Congressman Mahoney, who stated he is in favor of earmarks and he is working on one
for the center in Palm Beach Gardens. The staff for the Trust for Public Park Lands and
Community Trust have been contacted regarding possible grant money to be put toward the
purchase of the District Park. Neither agency has grants to transfer the property. Money
cannot be transferred from a County to a City. State grant money for passive recreation
enhancements to the property would be available should the City pursue the District Park
acquisition. Mr. DeRita explained the value of lobbyists. Mr. DeRita has been reappointed for
a second four-year term as a commissioner for the Palm Beach Treasure Coast and St. Lucie
County Consumer Affairs. Governor Crist appointed Mr. DeRita to a four-year term on the
Judicial Nominating Committee.
Councilmember Russo stated Congressman Mahoney helped the City get the Federal
Emergency Management Agency (FEMA) reimbursement funds.
Laura Piazza, 14474 Caloosa Boulevard, Palm Beach Gardens, thanked the Palm Beach
Gardens Police Department for their assistance with issues at the Timber Trace Elementary
School.
Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, requested financial support for
uniforms for the H.L. Watkins Middle School Marching Band. Ms. Estrada questioned the
benefit of the Workers on Watch (WOW) program because they are not picking up illegal
signs and requested assistance for people exiting Lilac Street on to Southbound Military Trail.
Anne Booth, Urban Design Studio, 427 South Rosemary Avenue, Suite 225, West Palm
Beach, representing BallenIsles community, asked that staff be authorized to review the Code
of Ordinance that requires 100 percent consent of all property owners within a Planned
Commercial (PCD) or a Planned Unit Development (PUD) to provide written consent before
the association, or anyone in the community, can make amendments to the master plan. The
association would like to make some changes to the master plan, but they cannot go forward
because of restrictions in the Code.
Councilmember Russo stated he is a BallenIsles resident and could possibly have a conflict on
the issue in the future. Frenchman’s Creek also had this issue. Councilmember Russo stated
he believes the issue should be reviewed. Councilmember Barnett cautioned about putting too
much power in the hands of a homeowner’s association (HOA), which is a small group of
people. Comparisons were requested. Anne Booth stated she would be happy to help if
needed.
IX. CONSENT AGENDA 34
a. Resolution 78, 2008 – Interlocal Agreement. A Resolution of the City Council of the City 35
of Palm Beach Gardens, Florida approving an Interlocal Agreement with Palm Beach County 36
for the shared use of the Palm Beach County Fiber Network; providing an effective date; and 37
for other purposes. 38
b. Resolution 80, 2008 – Parcel 5A Plat. A Resolution of the City Council of the City of 39
Palm Beach Gardens, Florida approving the MacArthur parcel 5A Plat; providing an effective 40
date; and for other purposes. 41
c. Resolution 84, 2008 – The Pointe Plat. A Resolution of the City Council of the City of 42
Palm Beach Gardens, Florida approving the Pointe Corporate Office Park; providing an 43
effective date and for other purposes. 44
d. Proclamation – National Sickle Cell Month. 45
Motion 46
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Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember
Barnett seconded. The motion passed unanimously, 5-0.
X. PUBLIC HEARINGS 3
Park I – Non-Quasi –judicial 4
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Mayor Jablin announced the procedures that would be followed in tonight’s proceedings. The
City Clerk swore in all those intending to offer testimony in any of tonight’s public hearings.
The City Clerk read Ordinance 18, 2008 by title.
a. Ordinance 18, 2008 – (2nd reading and adoption) Voluntary Annexation. An Ordinance of 8
the City Council of the City of Palm Beach Gardens, Florida annexing, pursuant to a petition 9
for voluntary annexation, a parcel of land consisting of approximately 0.71 acres, generally 10
located at the Southwest Corner of the intersection of Northlake Boulevard and Military Trail 11
in Palm Beach County, Florida, as more particularly described herein; declaring that the 12
voluntary annexation petition bears the signature of the owner of the real property annexed 13
hereby; amending Article II of the City Charter by redefining the Corporate Limits; providing 14
a conflicts clause, a severability clause and authority to codify; providing an effective date; 15
and for other purposes. 16
Councilmember Russo abstained from the portions of the meeting covering Ordinance 18,
2008 and Ordinance 19, 2008.
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Mayor Jablin opened the public hearing.
Joe Martin, 4778 Square Lake Boulevard, Palm Beach County, stated his concerns for traffic
issues on Northlake Boulevard with vehicles coming from the West approaching the Shell
Station. Mr. Martin described the issues with Square Lake residents and local schools exiting
onto Northlake Boulevard.
Vice Mayor Levy stated the drive-through has been removed from the project.
Mayor Jablin closed the public hearing and brought Ordinance 18, 2008 back to City Council.
Motion 26
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Vice Mayor Levy made a motion for approval of the Ordinance 18, 2008 on second reading
and adoption. Councilmember Barnett seconded. The motion passed unanimously, 4-0.
The City Clerk read Ordinance 19, 2008 by title.
b. Ordinance 19, 2008 – (2nd reading and adoption) Northlake Shell. An Ordinance of the 30
City Council of the City of Palm Beach Gardens, Florida adopting a small scale amendment 31
to its comprehensive development plan in accordance with the mandates set forth in Chapter 32
163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, pursuant to 33
privately initiated application No. CPSS-07-12-000002, which provides for an amendment to 34
the City’s Future Land Use Map designating one (1) parcel of real property comprising 35
approximately (0.71±) acres, more or less, in size as “(C) Commercial”; such parcel of land is 36
located at the Southwest corner of the intersection of Northlake Boulevard and Military Trail, 37
informally known as the “Northlake Shell”, providing for compliance with all requirements of 38
Chapter 163, Florida Statutes; providing a conflicts clause, a severability clause and authority 39
to codify; providing an effective date; and for other purposes. 40
Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin
closed the public hearing and brought Ordinance 19, 2008 back before the City Council.
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Motion 43
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Vice Mayor Levy made a motion for approval of the Ordinance 19, 2008 on second reading
and adoption. Councilmember Barnett seconded. The motion passed unanimously, 4-0.
The City Clerk read Ordinance 21, 2008 by title.
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c. Ordinance 21, 2008 – (2nd reading and adoption) Amending the Fiscal Year 2007/2008 1
Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 2
amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 3
2007, and ending September 30, 2008, inclusive; providing an effective date; and for other 4
purposes. 5
Mayor Jablin opened the public hearing. 6
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Vice Mayor Levy asked Finance Administrator Owens the amount of money brought forward
from the last fiscal year’s budget to the new fiscal year’s budget. Finance Administrator
Owens stated approximately $4,000,000.00.
Mayor Jablin closed the public hearing and brought Ordinance 21, 2008 back to the City
Council. Councilmember Russo was not present to vote.
Motion 12
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Vice Mayor Levy made a motion for approval of the Ordinance 21, 2008 on second reading
and adoption. Councilmember Barnett seconded. The motion passed unanimously, 4-0.
The City Clerk read Ordinance 26, 2008 by title.
d. Ordinance 26, 2008 – (2nd reading and adoption) Amending Fiscal Year 2007/2008 16
Budgeted Fund Balance Carryover. An Ordinance of the City Council of the City of Palm 17
Beach Gardens, Florida amending the Fiscal Year 2007/2008 budgeted fund balance 18
carryover to actual amounts per the Fiscal Year 2007 audit; providing a conflicts clause, a 19
severability clause and authority to codify; providing an effective date; and for other 20
purposes. 21
Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin
closed the public hearing and brought Ordinance 26, 2008 back to the City Council.
Councilmember Russo was not present to vote.
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Motion 25
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Vice Mayor Levy made a motion for approval of Ordinance 26, 2008 on second reading and
adoption. Councilmember Barnett seconded. The motion passed unanimously, 4-0.
Councilmember Russo returned to the dais.
The City Clerk read Resolution 79, 2008 by title.
e. Resolution 79, 2008 – Renewal of our workers’ compensation insurance policy. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida renewing the
insurance policy for workers’ compensation insurance from Preferred Governmental
Insurance Trust; authorizing the mayor to execute the contract; providing an effective date;
and for other purposes.
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Finance Administrator Owens explained the renewal process and costs involved with the
workers’ compensation policy renewal.
Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin
closed the public hearing and brought Resolution 79, 2008 back to the City Council.
Motion 39
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Vice Mayor Levy made a motion for approval of Resolution 79, 2008. Councilmember
Barnett seconded. The motion passed unanimously, 5-0.
Part II – Quasi-judicial 42
43 The City Clerk read Ordinance 20, 2008 by title.
a. Ordinance 20, 2008 – (2nd reading and adoption) Divers Direct Expansion. An Ordinance 44
of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land 45
consisting of 1.37 acres, located on the Southwest corner of I-95 and Northlake Boulevard, as 46
described more particularly herein, from General Commercial (CG-1) zoning district to 47
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Planned Unit Development (PUD) overlay with an underlying zoning district of General 1
Commercial (CG-1) to be known as the Diver’s Direct PUD and revising the City zoning 2
district map accordingly; providing a conflicts clause, a severability clause and authority to 3
codify; providing an effective date; and for other purposes. 4
Mayor Jablin requested ex parte communication. Mayor Jablin stated Mr. Sanchez contacted
him and they did have a brief conversation.
Mr. Sanchez stated that the petitioner has removed his request related to the condition
requiring the Interstate 95 maintenance and will be maintaining the area going forward.
Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin
closed the public hearing and brought Ordinance 20, 2008 back to the City Council.
Motion 11
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Vice Mayor Levy made a motion for approval of Ordinance 20, 2008 on second reading and
adoption. Councilmember Barnett seconded. The motion passed unanimously, 5-0.
The City Clerk read Resolution 61, 2008 by title.
Resolution 61, 2008 is a companion item to Ordinance 20, 2008 and will require Council
action.
Resolution 61, 2008 – Divers Direct Expansion. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving the Diver’s Direct Planned Unit Development
(PUD) to allow for the 3,710-square-foot expansion to the existing retail building on a 1.37-
acre parcel, as described more particularly herein; providing waivers; providing conditions of
approval; and providing an effective date; and for other purposes.
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Mayor Jablin opened the public hearing. Mayor Jablin
Mayor Jablin requested ex parte communication. Mayor Jablin stated Mr. Sanchez contacted
him and they did have a brief conversation.
Councilmember Premurso, Councilmember Russo, Vice Mayor Levy and Mayor Jablin stated
their objection to the Learn to Dive sign painted on the building. Growth Management
Administrator Kara Irwin stated Resolution 61, 2008 section 3, item 7, section 78-229, table
5-6, Permitted Signs, allows for two additional tenant signs and would be changed to one
additional tenant sign.
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Vice Mayor Levy made a motion for approval of Resolution 61, 2008 with the change read
into the record by Growth Management Administrator Irwin. Councilmember Barnett
seconded. The motion passed unanimously, 5-0.
The City Clerk read Ordinance 23, 2008 by title.
b. Ordinance 23, 2008 - (2nd reading and adoption) Northlake Boulevard Shell PUD. An 35
Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a 0.71-36
acre, more or less, parcel of land located at the Southwest corner of the intersection of 37
Military Trail and Northlake Boulevard, more commonly known as the Northlake Shell 38
property and more particularly described herein, from the existing county zoning designation 39
of Commercial Neighborhood (CN) to the City’s zoning designation of General Commercial 40
(CG-1) with a Planned Unit Development (PUD) overlay to be known as the Northlake 41
Boulevard Shell PUD; providing revisions to the zoning district map; providing a conflicts 42
clause, a severability clause and authority to codify; providing an effective date; and for other 43
purposes. 44
Mayor Jablin opened the public hearing. 45
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Councilmember Russo abstained from the portions of the meeting covering Ordinance 23,
2008 and Resolution 67, 2008.
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No ex parte communication was declared.
With no one wishing to be heard, Mayor Jablin closed the public meeting and brought
Ordinance 23, 2008 back to the City Council.
Motion 4
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Vice Mayor Levy made a motion for approval of Ordinance 23, 2008 on second reading and
adoption. Councilmember Barnett seconded. The motion passed unanimously, 4-0.
The City Clerk read Resolution 67, 2008 by title.
Resolution 67, 2008 is a companion item to Ordinance 23, 2008 and will require Council
action.
Resolution 67, 2008 - Northlake Boulevard Shell PUD. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Northlake Boulevard Shell’s Planned
Unit Development (PUD) to allow for a 3,000-square foot service station building with twelve
(12) gasoline pumps on a 0.71-acre parcel, as described more particularly herein; providing
waivers; providing conditions of approval; providing an effective date; and for other purposes.
Mayor Jablin opened the public hearing.
No ex parte communication was declared.
Vice Mayor Levy distinguished that there are three (3) tanks, six (6) gasoline pumps and
twelve (12) dispensers (also referred to as fueling stations) and that it is not a vacuum system.
With no one wishing to be heard, Mayor Jablin closed the public hearing and brought
Resolution 67, 2008 back to the City Council.
Motion 21
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Vice Mayor Levy made a motion for approval of Resolution 67, 2008. Councilmember
Barnett seconded. The motion passed unanimously, 4-0.
Councilmember Russo returned to the dais.
The City Clerk read Resolution 83, 2008 by title.
c. Resolution 83, 2008 – Site Plan Amendment. A Resolution of the City Council of the 26
City of Palm Beach Gardens, Florida approving a site plan amendment allowing exterior 27
modifications and signage to accommodate a restaurant located within Macy’s Department 28
Store totaling approximately 2,208 square feet, located within the Regional Center 29
Development of Regional Impact (DRI), as more particularly described herein; providing 30
conditions of approval; providing waivers; providing an effective date; and for other purposes. 31
Mayor Jablin opened the public hearing. 32
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Mayor Jablin declared a conversation with Tom Cairnes months ago.
Gary Ross, petitioner and Ryan Kranzer, architect, presented the proposed Figs restaurant
location, signage, trellis, landscaping and two waivers. The landscaping will be irrigated. Figs
restaurant is owned and operated by Macy’s through its acquisition of the May Company.
Inside seating is 90 and outside seating is 32.
Mayor Jablin opened the public hearing. With no one wishing to speak, Mayor Jablin closed
the public hearing. Staff supports Resolution 83, 2008.
Motion 40
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Vice Mayor Levy made a motion for approval of Resolution 83, 2008. Councilmember
Barnett seconded. The motion passed unanimously, 5-0.
XI. RESOLUTIONS 43
44 The City Clerk read Resolution 81, 2008 by title.
a. Resolution 81, 2008 – Agreement with Valley Crest Landscaping. A Resolution of the 45
City Council of the City of Palm Beach Gardens, Florida approving Addendum III to an 46
agreement with Valley Crest Landscaping, Inc. for landscape and irrigation maintenance 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8
09•18•08
services related to the PGA Boulevard Flyover; providing an effective date; and for other 1
purposes. 2
Motion 3
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Vice Mayor Levy made a motion for approval of Resolution 81, 2008. Councilmember
Barnett seconded. The motion passed unanimously, 5-0.
XII. ORDINANCES 6
7 None.
XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION 8
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Vice Mayor Levy suggested that staff look into the possibility of moving the Police and Fire
Departments into the Florida Retirement System (FRS). Councilmember Barnett stated she
disagreed because of employee retention and pension portability. Mayor Jablin and Vice
Mayor Levy stated the request was for information regarding the possibility for future
employees. Mayor Jablin discussed the request for the Let Us Vote presentation, to which the
Councilmembers agreed. Vice Mayor Levy stated the League of Cities supports Let Us Vote.
XIV. CITY ATTORNEY REPORT 15
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Interim Attorney Keith Davis did not have a report.
(The remainder of this page intentionally left blank.)
XV. ADJOURNAMENT 1
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There being no further business to come before the Council, Vice Mayor Levy made a motion
to adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5-0. The
meeting was adjourned at 8:42 p.m. The next regularly scheduled City Council meeting will
be held October 2, 2008.
APPROVED: 7
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Eric Jablin, Mayor
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David Levy, Vice Mayor
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Joseph R. Russo, Councilmember
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Jody Barnett, Councilmember
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Robert G. Premuroso, Councilmember
ATTEST: 37
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Patricia Snider, CMC
City Clerk
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Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9
09•18•08
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Administrator
Department Director
Date Prepared: September 29, 2008
Meeting Date: October 16, 2008
Resolution 85, 2008
SubjectlAgenda Item: Approve a Continuing Contract for Professional Services with Boyle
Engineering, Inc. as required by the Consultants' Competitive Negotiation Act, Section
287.055 of the Florida Statutes
Affected parties
[ X ] Recommendation to APPROVE
] Recommendation to DENY
II
Cit ReF A rney
1 Originating Dept.: ,-
Angela Wong
Community Services
Department
Advertised:
Date:
Not Required
[ ] Notified
[ X] Not required
costs: N/A
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Per project
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 85, 2008
o Exhibit A: RFQ
o Exhibit B:
2006-004
Professional
Service Agreement
[ ]None
Date Prepared: September 29,2008
Meeting Date: October 16,2008
Resolution 85,2008
BACKGROUND:
The City of Palm Beach Gardens utilizes professional engineering, architectural,
landscape architectural, mapping/surveying services, and other types of associated
services to complete various tasks including capital improvement projects. The
Consultants’ Competitive Negotiation Act outlined in Section 287.055 of the Florida
Statutes provides for ways and means to negotiate and award for specific consulting
services after a qualification process is achieved.
A Request for Qualifications (No. 2006-004) was published May 6, 2006 to obtain
consulting services from various firms under a continuing contract basis. A continuing
contract is defined by state statutes as a contract whereby a firm can provide professional
services to the City for projects in which construction costs do not exceed $1 million, for
study activity when the fee for such professional service does not exceed $50,000.00, or
for work of a specified nature. Firms will be selected by issuance of a Work Authorization
on a per project basis. Any Work Authorizations in excess of $50,000.00 will be approved
by the City Council, and less than $50,000.00 will be approved by the City Manager.
Under Resolution 121 , 2006, City Council approved contracts with 19 qualified firms.
The initial term of these contracts was for three (3) years with a renewal option for an
additional three (3) year term. Boyle Engineering, Inc. (fka/LBF&H, Inc.), the City’s
Engineer of Record, participated in the RFQ process and was selected as a qualified firm,
however, their existing continuing contract with the City was sufficient to continue to
provide professional services as needed. Therefore, an additional continuing contract was
not needed at that time.
Boyle Engineering, Inc.’s professional services contract is expiring on September
30, 2008. As part of the 2008/2009 fiscal year, a new in-house Engineering Division is
planned for implementation in January, 2009. City staff recommends entering into a new
agreement with Boyle that equates to the same terms and conditions of the other 19
consultants under contract, but also includes those items as presented in the Scope of
Work (Exhibit C of the Agreement for Professional Services) until the new Engineering
Division is fully functional.
Boyle’s rate structure will be separated into two parts. Work authorized by City staff
between October 1 , 2008 and December 31 , 2008 will be based on FY 2007/2008 rates
plus an increase by an amount equal to the Consumer Price Index as of August 2008
(Exhibit B-I of the Agreement for Professional Services). Work authorized from January 1 ,
2009 to September 30,2009 will be based on Boyle’s standard rate structure (Exhibit B-2
of the Agreement for Professional Services).
STAFF RECOMMENDATION: Approve Resolution 85, 2008 as presented.
Date Prepared: September 11, 2008
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RESOLUTION 85,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A CONTINUING
CONTRACT FOR PROFESSIONAL SERVICES TO BOYLE
ENGINEERING CORPORATION, AS REQUIRED BY THE
CONSULTANTS’ COMPETITIVE NEGOTIATION ACT; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City desires to award continuing contracts to multiple vendors for
the purpose of providing professional engineering services, architectural services,
landscape architectural services, mappinglsurveying services, as well as various
associated types of services to complete assorted tasks, including capital improvement
projects; and
WHEREAS, as required by the Consultants’ Competitive Negotiation Act (CCNA)
outlined in Section 287.055 of the Florida Statutes, the City issued Request for
Qualifications (RFQ) No. 2006-004 for Professional Services, attached hereto as Exhibit
“A; and
WHEREAS, under Resolution 121 , 2006, the City Council entered into nineteen
continuing contracts; and
WHEREAS, the City desires to enter into an additional continuing contract with
Boyle Engineering Corporation based on RFQ No. 2006-004, as well as other
professional services as needed; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be 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 awards a continuing contract for
Professional Services to Boyle Engineering Corporation, attached hereto and
incorporated herein as Exhibit “B”, and authorizes the Mayor to execute such contract.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: September 11, 2008
Resolution 85, 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
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COU NC I LMEMBER BARN ETT
COUNCILMEMBER PREMUROSO
---
G:\attorney-~hare\RESOLUTlONS\2008\CCNA - Boyle - reso 85 2008.doc
2
EXHIBIT “A”
-
Date Prepared: September 11, 2008
Resolution 85, 2008
REQUEST FOR QUALIFICATIONS
FOR
PROFESSIONAL CONSULTING SERVICES ON
CONTINUING CONTRACT BASIS
RFQ # 2006-004
May 4,2006
THE CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA
3341 0
1
THE CITY OF PALM BEACH GARDENS
REQUEST FOR QUALIFICATIONS #2006-004
PROFESSIONAL CONSULTING SERVICES
ON CONTINUING TERM CONTRACT
The City of Palm Beach Gardens Council is accepting sealed proposals for the following:
PROFESSIONAL CONSULTING SERVICES ON CONTINUING CONTRACT BASIS
All Requests For Qualifications, one (1) oriainal and five (5) copies, must be received at the
address below in the City Clerk's Office, no later than Thursday, June 1,2006, at 2:OO p.m., at
which time all Requests For Qualifications (RFQ) will be publicly opened and read. Receipt of a
response by any City office, receptionist, or personnel other than the City Clerk's Office does not
constitute "receipt" as required by this solicitation. The City Clerk's time stamp shall be conclusive
as to the timeliness of receipt.
RFQ documents may be obtained at the address below or by calling the City Clerk's Office at
(561) 799-4121. RFQ documents will not be issued unless the request is received at least 24
hours prior to the opening of the RFQ. RFQ documents can be downloaded from the City's
website link at: www.pbgfl.com/business/rfp/rfp.asp
All RFQ documents are to be sealed when submitted and be delivered or mailed to:
City of Palm Beach Gardens
City Clerk's Office
105QO N. Mllltary Trail
Palm Beach Gardens, FL 33410
On the envelope(s) or box(es1 containinn the proposal shall be written in large letters:
RFQ # 2006-004: PROF. CONSULTING SERVICES ON CONTINUING TERM CONTRACT
To Be Opened: Thursday,June 1,2006, at 2 p.m. with the EvaluationlShort-list Committee
Review held June 8,2006.
The City of Palm Beach Gardens reserves the right to reject any or all RFQ submittals, in whole
or in part, with or without cause, to waive any informalities and technicalities, and to award the
Contract on such coverage and terms it deems will best serve the interest of the City. Criteria
utilized by the City of Palm Beach Gardens for determining the most responsible qualifier
includes, but is not limited to, cost; whether the qualifier meets the City of Palm Beach Gardens
published specifications: the qualifier's experience, skill, ability, financial capacity; and any other
factors which could reasonably be asserted as being relevant to successful performance. The
qualifier should anticipate the City may negotiate some or all of the components of a proposal
with one or more of the qualifiers in order to obtain the value of services offered.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC. City Clerk
Publish: Palm Beach Post
Sunday, May 7,2006
Sunday, May 14,2006
2
IMPORTANT DATES FOR PROFESSIONAL CONSULTING SERVICES
ON CONTINUING TERM CONTRACT
1. Broadcast / Publication Release of RFQ May 4,2006
2. RFQ Opening June 1,2006 at 2 p.m.
3. EvaIuation/Short-list Committee Review June 8,2006
4. Possible Interviews for Firms Short Listed
5. Consultant Selections Announced
6. Contract Negotiations / Executions July 2006 *
7. Award Recommendations to City Council August 2006
June 12 - 14,2006
June 28,2006 *
Dates above are subject to change based on the number of respondents, availability of the
members, or other unforeseen circumstances.
3
PROFESSIONAL CONSULTING SERVICES
ON CONTINUING CONTRACT BASIS
A. PURPOSE I INTENT:
The City of Palm Beach Gardens, Florida, pursuant to the "Consultants'
Competitive Negotiation Act" (CCNA), Section 287.055, Florida Statutes, which
governs the acquisition of professional architectural, engineering, landscape
architectural, and surveying and mapping services, and as may be amended,
hereby requests Qualification and Performance Data from Professional
Consultants practicing in the following types of work categories:
I. Civil Engineering
2. Structural Systems Engineering
3. Construction Engineering inspection (CEI)
4. Electrical Systems Engineering
5. Transportation Engineering
6. SurveyinglMapping Services
7. Architectural Design
8. Landscape Architect (Includes Land Planning)
9. Environmental Assessments
10. Geo-Technical Services
1. INSTRUCTIONS:
Qualifiers ,will have the option of submitting qualifications for one (1) or any
combination of professional consulting work types listed above.
These firms and individuals (hereinafter "Professional Consultant") are to
be duly licensed and registered to practice in the State of Florida, and desire to
render such services to the City of Palm Beach Gardens.
This work may include design services, permitting, bidding services, construction
administration, environmental studies, and all related miscellaneous services.
Florida law requires the City to make a determination of a consultant's
qualification to perform architecture, professional engineering, landscape
architecture, or registered surveying and mapping consultant work prior to its
employment. The information in the RFQ (qualification package) will be used by
the City to make this determination. Additionally, evaluation points will be
assigned to information contained in the package to aid in reducing the total
number of submittals to no less than three firms per type of work category (short
list).
2. INTERPRETATIONS:
Unless otherwise stated in the RFQ, any questions concerning this RFQ should
be submitted in writing to: Arthur DeRostaing. Purchasing Agent, 10500 N.
Military Trail, Palm Beach Gardens, Florida 3341 0, aderostainn@pbnfl.com, (fax)
561-799-41 34.
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3. CLARIFICATION AND ADDENDA TO RFQ SPECIFICATIONS:
If any Professional Consultant contemplating submitting a response under this
Request for Qualifications #2006-004 is in doubt as to the true meaning of the
specifications or other documents or any part thereof, the Professional
Consultant must submit to the Purchasing Agent, at least seven (7) calendar
days prior to the scheduled RFQ opening, a request for clarification. All such
requests for clarification must be made in writing, and the person submitting the
request will be responsible for its timely delivery.
Any interpretation of the RFQ, if made, will be made only by an Addendum duly
issued by the City’s designated Purchasing Agent. The City shall issue an
Informational Addendum if clarification or minimal changes are required. The City
shall issue a Formal Addendum if substantial changes which impact the technical
submission of the RFQ are required. A copy of such Addendum will be sent to
each Professional Consultant receiving the RFQ. In the event of conflict with the
original RFQ Documents, the Addendum shall govern all other RFQ and Contract
Documents to the extent specified. Subsequent addenda shall govern over prior
addenda only to the extent specified.
4. AWARDS:
The City reserves the right to reject any or all responses, or any portion thereof,
deemed necessary for the best interest of the City. All awards made as a result
of this RFQ shall conform to applicable Florida Statutes. The City is not
responsible for any expenses incurred by a Professional Consultant in preparing
and submitting an RFQ or related documents.
5. RFQ OPENING:
Responses to this RFQ shall be opened and publicly read in the Citv of Palm
Beach Gardens, Citv Council Chambers, 10500 N. Militaw Trail, Palm Beach
Gardens, Florida 33410. All responses received after that time shall be
returned, unopened.
6. LEGAL REQUIREMENTS:
Federal, State, County, local and City laws, ordinances, rules, regulations,
guidelines, and directives that in any manner affect the items covered herein
apply. Lack of knowledge by the qualifierkonsultant will in no way be a cause for
relief from responsibility.
7. INDEMNIFICATION:
The parties agree that 1% of the total compensation paid to the Professional
Consultant for services contracted to perform under respective agreements shall
represent the specific consideration for the contractor’s indemnification of the
City as set forth in this Section and in the Terms and Conditions.
The Professional Consultant agrees to indemnify and hold harmless the City of
Palm Beach Gardens and any of its officers and employees from liability,
damages, losses, and costs, including, but not limited to, reasonable attorneys’
fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Professional Consultant and other persons employed or
utilized by the Professional Consultant in performance of the contract.
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It is the specific intent of the parties hereto that the foregoing indemnification
complies with Section 725.08, Florida Statutes. It is further the specific intent and
agreement of the parties that all of the Contract Documents on this project are
hereby amended to include the foregoing indemnification and the "Specific
Consideration" therefore.
The official title of the City is "The City of Palm Beach Gardens". This official title
shall be used in all insurance or other legal documentation. The City of Palm
Beach Gardens is to be included as an "Additional Insured" with respect to
liability arising out of operations performed for the City by or on behalf of the
Professional Consultant or acts or omissions of the Professional Consultant in
connection with such operation.
8. PATENTS 81 ROYALTIES:
The Professional Consultant, without exception, shall indemnify and save
harmless the City and its employees from liability of any nature or kind, including
cost and expenses for, or on account of, any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City. If the Professional
Consultant uses any design, device, or materials covered by letters, patent, or
copyright, it is mutually understood and agreed, without exception, that the
bidproposal prices shall include all royalties or cost arising from the use of such
design, device, or materials in any way involved in the work.
All documentation produced for the City of Palm Beach Gardens will be owned
by the City.
9. OSHA:
The Professional Consultant warrants that the services provided to the City of
Palm Beach Gardens, Florida shall conform in all respects to the standards set
forth in the Occupational Safety and Health Act of 1970, as amended, and the
failure to comply with this condition will be considered as a breach of contract.
Any fines levied because of inadequacies to comply with these requirements
shall be borne solely by the Professional Consultant responsible for same.
IO. LIABILITY, INSURANCE, LICENSES, AND PERMITS:
Where the Professional Consultant is required to enter or go onto City property to
deliver goods, materials, or perform work or services as a result of an RFQ
award, the successful Professional Consultant will assume the full duty,
obligation, and expense of obtaining all necessary licenses, permits, and
insurance and assure all work complies with all Palm Beach County and City
ordinances, codes, laws, rules, regulations, directives, and guidelines. The
Professional Consultant shall be liable for any damages or loss to the City
occasioned by negligence of the Professional Consultant (or agent) or any
person the Professional Consultant has designated in the completion of the
contract as a result of the proposal of this RFQ.
11. DEFAULTlFAlLURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any
failure on the part of the successful Professional Consultant to accept the award,
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to furnish required documents, andlor to fulfill any portion of this contract within
the time stipulated.
Upon default by the successful Consultant to meet any terms of this Request for
Qualifications submittal, related agreement, and work authorization(s) the City
will notify the Consultant three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the Consultant's part to correct the default within
the required three (3) days shall result in the contract being terminated and upon
the City notifying in writing the Professional Consultant of its intentions and the
effective date of the termination. The following shall constitute default:
Failure to perform the work required under the contract and/or within
the time required or failing to use the subcontractors, entities, and
personnel as identified and set forth, and to the degree specified in
the contract.
I1 Failure to begin the work under this contract within the time
specified.
Failure to perform the work with sufficient workers and equipment, or
with sufficient materials to ensure timely completion.
Neglecting or refusing to remove materials or perform new work
where prior work has been rejected as nonconforming with the terms
of the contract.
Becoming insolvent, being declared bankrupt, or committing act of
bankruptcy or insolvency, or making an assignment renders the
successful Professional Consultant incapable of performing the work
in accordance with and as required by the contract.
Failure to comply with any of the terms of the contract in any material
respect.
Failure to pay subcontractors or others pursuant to work done under
this contract.
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In the event of default of a contract, the successful Professional Consultant shall
pay the entire City's attorney's fees and court costs incurred in collecting any
damages. The successful Professional Consultant shall pay the City for any and
all costs incurred in ensuring the completion of the project.
12. CANCELLATION:
The City reserves the right to cancel this contract by written notice to the
Professional Consultant effective the date specified in the notice, and the
following will apply:
The Professional Consultant is determined by the City to be in
breach of any of the terms and conditions of the contract and/or to
have failed to perform hislher services in a manner satisfactory to the
City. In the event the Professional Consultant is found to be in
default, the Professional Consultant will be paid for all labor and
materials provided to the satisfaction of the City as of the termination
date. No consideration will be given for anticipated loss of revenue or
the canceled portions of the contract. The Professional Consultant
waives any claims to the same.
The City has determined that such cancellation will be in the best
interest of the City to cancel the contract for its own convenience.
Funds are not available to cover the cost of the services. The City's
obligation is contingent upon the availability of appropriate funds.
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13. BILLING INSTRUCTIONS - AWARDED PROFESSIONAL CONSULTANTS:
Invoices, unless otherwise indicated, must show purchase order numbers and
shall be submitted in DUPLICATE to Accounts Payable, 10500 N. Military Trail.
Palm Beach Gardens, Florida 33410.
14. APPLICABLE LAW AND VENUE:
The law of the State of Florida shall govern the contract between the City and the - successful Professional Consultant, and any action shall be brought in Palm
Beach County, Florida. In the event of litigation to settle issues arising hereunder,
the prevailing party in such litigation shall be entitled to recover against the other
party its costs and expenses, including reasonable attorneys fees, which shall
include any fees and costs attributable to appellate proceedings arising on and of
such litigation.
15. PUBLIC ENTITY CRIMES:
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bidlproposal on a contract to provide any goods or
services to a public entity; may not submit a bidlproposal on a contract with a
public entity for the construction or repair of a public building or public work: may
not submit bidslproposal on leases of real property to a public entity, and may not
be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity. Each person or firm who elects
to submit a Request for Qualification package shall notify the Purchasing Agent
within thirty (30) days after a conviction of a contract crime applicable to
iuhimlher or to any officers, directors, executives, shareholders active in
management, employees, or agent of their affiliates.
16. CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All
Professional Consultants must disclose with their RFQ submittal the name of any
officer, director, or agent who is also an employee of the City. Further, all
Professional Consultants must disclose the name of any 'City employee who
owns, directly or indirectly, an interest of 5% or more in the Professional
Consultant's firm or any of its branches.
If any Professional Consultant violates or is a party to a violation of the code of
ethics of the State of Florida with respect to this RFQ, such Professional
Consultant may be disqualified from performing the work described in this RFQ
or from furnishing the services for which the RFQ is submitted and shall be
further disqualified from proposingbidding on any future RFPIBidIRFQ for work
or for goods or services for the City. A copy of the State Ethics Codes is
available on line at http://www.flsenate.aov.
17. NON-COLLUSION:
The Professional Consultant certifies that this offer is made without prior
understanding, agreement, or connection with any corporation, firm, or person
submitting an offer for the same professional consulting services and is in all
respects fair and without collusion or fraud.
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No premiums, rebates, or gratuities are permitted, either with, prior to, or after
any delivery of material or provision of services. Any violation of this provision
may result in the contract cancellation, return of materials or discontinuation of
services, and the possible removal from the vendor/contractor/bid/RFP list(s).
18. FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this RFQ becomes the property of the City. RFQ
documents may be reviewed by any person ten (10) days after the public
opening. The Professional Consultant should take special note of this as it
relates to any proprietary information that might be included in its offer.
Any resulting contract may be reviewed by any person after the contract has
been executed by the City. The City has the right to use any or all
informationlmaterial submitted in response to this RFQ and/or any resulting
contract from same. Disqualification of a Professional Consultant does not
eliminate this right.
19. TIED BIDSIDRUG-FREE WORK PLACE PROGRAMS:
In the event of an identical tied RFQ, preference will be given to local
Professional Consultants. If none of the Professional Consultants are local,
preference shall be given to the business submitting proof of Drug-Free Work
Place (DFW) programs.
B. SPECIAL CONDITIONS:
1. PURPOSE:
The purpose of this Request for Qualifications (RFQ) is to establish a multi-year
contract for the provision of PROFESSIONAL CONSULTING SERVICES and
related service categories, as and when needed, and in accordance with Section
287.055, Florida Statutes. The successful Professional Consultant shall be
responsible for providing PROFESSIONAL CONSULTING SERVICES at
locations and times specified by the City; shall be completely responsible for the
supervision of such personnel in accordance with contract specifications, terms,
and conditions, and shall exercise exclusive control over persons employed to
fulfill these contract requirements, in accordance with the RFQ specifications and
related contract.
TERM OF CONTRACT:
The initial contract term shall be three (3) years, commencing October 1,
2006, and ending September 30,2009.
The City reserves the right to extend the contract for one (1) additional
three (3) year renewal term, providing both parties agree to the extension;
all terms, conditions, and specifications remain the same, and such
extension is approved by the City.
2. METHOD OF PROJECT AWARDS:
The award of a minimum of three contracts, per each professional category, may
be made to the responsive and responsible Professional Consultants whose
qualifications are the most advantageous to the City and in accordance with
Section 287.055, Florida Statutes.
9
Actual project awards will take place on a rotating basis among the awarded
Professional Consultants in that particular professional service category. The
official notice to proceed will be the issuance of a fully executed and approved
'Work Authorization and Notice to Proceed". Project awards under this RFQ and
related contract will cover transactions that may require City Council's approval.
Professional Consultant service shall be consistent with Section 287.055,
Florida Statures, as amended from time to time.
3. CONTACT PERSON:
For any additional information regarding the specifications and requirements of
this bid, contact Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail,
Palm Beach Gardens, Florida 33410, aderostainabDbafl.com, (fax) 561-799-
4134.
4. RFQ CLARIFICATION:
Any questions or clarifications concerning this RFQ shall be submitted in writing
by mail, e-mail, or facsimile to Arthur DeRostaing, Purchasing Agent, 10500 N.
Military Trail, Palm Beach Gardens, Florida 3341 0, aderostainabDbafi.com,
(Fax) 561-799-4134.
The RFQ titlelnumber shall be referenced on all correspondence. All
questions must be received no later than seven (7) calendar days prior to the
scheduled opening date. All responses to questions I clarifications will be sent to
all prospective Professional Consultants in the form of an addendum.
5. RFQ SUBMITTAL:
All RFQs submitted shall include the completed RFQ forms and information.
RFQs will be considered "Non-Responsive" if the required information is not
submitted by the date and time specified.
Before submitting the RFQ response, each Professional Consultant shall make
all investigations and examinations necessary to ascertain if any addenda were
issued by the City's Clerk Office.
6. INSURANCE:
The Professional Consultant shall provide insurance coverage as follows:
I Workers Compensation lnsurance to apply for all employees in
compliance with the "Workers Compensation Law" of the State of Florida
and all applicable Federal laws. In addition, the policy (ies) must include
Employers' Liability with limits -of one hundred thousand dollars
($100,000.00) each accident, five hundred thousand dollars
($500,000.00) each disease, and one hundred thousand dollars
($100,000.00) aggregate by disease. If the Professional Consultant is not
an incorporated entity (i.e., sole proprietorship / partnership), or leases
employees under the alternate employee laws of the State of Florida, the
City shall require a minimum premium policy meeting the aforementioned
requirements even though not required by the Workers compensation
laws of the State of Florida. Filed certificates of exemption forms will not
meet these requirements.
10
1 Comprehensive General Liability with minimum limits of ($500,000.00)
five hundred thousand dollars. Such certificate shall list the City as
additional insured.
NOTE: If Comprehensive General Liability limits are less than
($sOO,OOO.OO) five hundred thousand dollars, the sum of Comprehensive
General Liability limits and Excess Liability limits must equal no less than
$500,000.00.
Automobile Liability with minimum limits of ($1,000,000.00) one million
dollars each occurrence.
Blanket Professional Liability Insurance, to include errors and omission
coverage, with minimum limits of ($1,000,000.00) one million dollars.
The required insurance coverage is to be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the minimum
rating of Bt or better, in accordance with the latest edition of A.M. Best's
Insurance Guide. This insurance shall be documented in certificates of insurance
which provides that the City of Palm Beach Gardens shall be notified at least
thirty (30) days in advance of cancellation, non-renewal, or adverse change. The
receipt of Certificates or other documentation of insurance or policies or copies of
policies by the City or by any of its representatives, which indicate less coverage
than is required, does not constitute a waiver of Professional Consultant's
obligation to fulfill the insurance requirements herein. Deductibles must be
acceptable to the City of Palm Beach Gardens.
I ~
The Professional Consultant must submit a copy of its current Certificate of
Insurance. The awarded Professional Consultant, on contract issuance, will
name the City of Palm Beach Gardens as an additional insured and listed as
such on the insurance certificate. New certificates of insurance are to be
provided to the City at least fifteen (1 5) days prior to coverage renewals.
7. RECORDS AND AUDITS:
The Professional Consultant shall maintain, during the term of the contract, all
books of account, receipt invoices, reports, and records in accordance with
generally accepted accounting practices and standards. The Professional
Consultant shall maintain and make available such records and files for the
duration of the contract and retain them beyond the last day of the contract term
for the period of three (3) years.
8. DUTY TO UPDATE RECORDS:
It shall be the responsibility of any individual or firm contracted by the City of
Palm Beach Gardens for any Type(s) of Work to notify the City promptly of any
substantive amendment to the information provided in this Request for
Qualifications package submittal, as well as to update that information on an
annual basis.
C. TYPES OF WORK / CODE NUMBERS 1-10:
1. Civil Engineering:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration services in connection with Civil Engineering, as well
as knowledge of current rules and regulations of local, state, and federal
agencies regulating the industry, including the Department of Environmental
Protection, the South Florida Water Management District, the United States
Environmental Protection Agency, the United States Corps of Engineers, and any
other governmental authorities having jurisdiction over the same. The firm must
employ at least one professional engineer, registered with the Florida State
Board of Professional Engineers, having training and experience in this general
area.
2. Structural Systems Engineering:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration services in connection with structural design and
building, as well as knowledge of current rules and regulations of local, state, and
federal agencies regulating the industry. The firm must employ at least one
professional engineer, registered with the Florida State Board of Professional
Engineers, having training and experience in the area of Structural Systems and
Structural Engineering.
3. Construction Engineering Inspection (CEI):
Requires engineering expertise in inspecting, planning, permitting, bidding,
special inspector services, threshold inspector services, and construction
administration services in connection with structural design, as well as
knowledge of the Florida Building Code and the related current rules and
regulations of local, state, and federal agencies and jurisdictions regulating the
industry. The firm must employ at least one professional engineer, registered
with the Florida State Board of Professional Engineers, having training and
experience in the area of Construction Engineering Inspection (CEI).
4. Electrical Systems:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration services in connection with electrical systems as well
as knowledge of current rules and regulations of local, state, and federal
agencies regulating the industry. The firm must employ at least one professional
engineer, registered with the Florida Board of Professional Engineers, having
training and experience in the area of Electrical Systems and Electrical
Engineering.
5. Transportation Engineering:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration phases of services in connection with transportation
infrastructures, traffic studies, warrant studies, and signals. The firm must
employee at least one professional engineer, registered with the Florida State
Board of Professional Engineers, having training and experience in the area of
Transportation Engineering.
6. Surveying I Mapping Services:
Requires surveying experience in the preparation of Boundary, Site, Topographic
and Right-of-way Surveys, and Sketch and Legal Descriptions in conformance
with the Florida Minimum Technical Standards. The firm must employ at least
one land surveyor, registered with the Florida State Board of Land Surveyors,
having at least one year of land surveying experience acting as responsible in
charge. The Consultant must employ and enlist sufficient staff to undertake the
requirements normally associated with this type of work and must document the
availability of proper equipment to perform this work.
12
7. Architectural Design:
Requires architectural expertise in planning, designing, permitting, bidding, and
construction administration phases of service in Architectural Design. The firm
must employ at least one architect, registered with the Florida State Board of
Architecture and Interior Design. Additionally, the firm must have knowledge of
current rules and regulations of local, state, and federal agencies regulating the
environment and all land use and building code provisions, including the
Department of Environmental Protection, the South Florida Water Management
District, the United States Environmental Protection Agency, the South Florida
Building Code, and the United States Corps of Engineers.
8. Landscape Architect:
Requires expertise in land planning, designing, permitting, bidding, and
construction administration phases of service for Landscape Architecture. The
firm must employ at least one landscape architect, registered with the Florida
State Board of Landscape Architecture. Additionally, the firm must employ
sufficient personnel to provide services normally associated with this type of land
planning services.
9. Environmental Assessments:
Requires engineering expertise in planning, designing, permitting, bidding, and
construction administration phases of service for Environmental Assessments, as
well as knowledge of current rules and regulations of local, state, and federal
agencies regulating the environment and all land use and building code
provisions, including the Department of Environmental Protection, the South
Florida Water Management District, the United State Environmental Protection
Agency, the South Florida Building Code, and the United States Corps of
Engineers. The firm must employ at least one professional engineer, registered
with the Florida State Board of Professional Engineers, having training and
experience in the area of Environmental Assessments.
10. Geo-Technical Analysis:
Requires engineering expertise in connection with Geo-Technical Analysis. The
firm must employ at least one professional engineer, registered with the Florida
State Board of Professional Engineers having demonstrated experience in the
activities normally associated with this work. The Consultant must employ and
enlist sufficient staff to undertake the requirements normally associated with this
type of work and must document the availability of proper equipment to perform
this work.
All professional consultants required herein must be properly licensed in the
State of Florida.
D. INSTRUCTIONS FOR SUBMITTING QUALIFICATIONS:
The one (1) original and five (5) copies of RFQ submittal(s) for each professional
consultant work-type category shall be secured in a tabbed booklet with a table
of contents. Booklets shall be no larger than a 1 %’ three-ring binder or
equivalent and be presented in the following order:
13
Tab #I: Evidence of current license and registration to perform the specified
services in the State of Florida.
Tab#?: Location of office where majority of work will be performed and
identification of the Consultant's intended project manager/professional contact
person and primary liaison with the City.
Tab #3: Credentials, including resumes or curriculum vitae, of staff members
(project team) who would be assigned to or perform the specified services for the
City; supplement with the "Qualification for Types of Work I Code Numbers" form
Tab #4: List of all subcontractors to be utilized and individuals to be designated
as primary liaison with the City.
Tab #5: Demonstration/summary of Consultant's workloadlperformance
capability to meet budget and time requirements for the proposed project and
ability to respond to and perform the work as and when requested by the City.
Tab #6: Demonstration/summary of cost control performances on previous
projects. .
Tab #7: Evidence of insurance certification. Reference "B - Special Conditions,
Subsection 7" (pg.11).
Tab #8: List of projects and clients where similar work has recently been
performed and/or is currently being performed, including a description of each
project, including a brief statement of the project approach.
Tab #9: Client references including names, titles, addresses, and telephone
numbers.
(w.37).
Tab #IO: Documentation/summary of experience with regulatory and permitting
agencies.
Tab #11: Statement of Consultant's commitmentlability to consistently use the
same personnel throughout the project.
Tab #12: Other qualificationslperformance data for consideration. Supplement
with the 'Qualification for Type(s) of Work", "RFQ General Information Submittal",
"RFQ Acknowledgment", and "Drug-Free Workplace" forms.
Each RFQ package submitted shall be signed by the individual Professional
Consultant or hislher authorized principals of the Professional Consultant's firm if
other than an individual. The RFQ submittal shall be signed by a representative
who is authorized to contractually bind the qualifier.
All attachments to the Request for Qualifications and Performance Data requiring
execution by the Consultant must be executed and returned with the submittal.
All RFQ submittals must be delivered as specified. Any attachments must be
clearly identified as per "Tab Format" requirements. To be considered, the
Professional Consultant must respond to all parts of the RFQ. Any other
information thought to be relevant, but not applicable to the enumerated
categories, should be provided as an appendix to the RFQ submittal. If
publications are supplied by the Professional Consultant to respond to a
14
requirement, the response should include reference to the document number and
page number. This will provide quick reference for the evaluation committee.
RFQ submittals not providing this reference will be considered to have no
reference material included in the additional documents.
QUALIFIERS MUST SUBMIT ONE (1) IDENTIFIED ORIGINAL RFQ
SUBMITTAL, INCLUDING ANY ATTACHMENTS, PLUS FIVE (5) COPIES OF
THE SAME.
E. EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all RFQ submittals received based on the RFQ
requirements. RFQ submittals shall be evaluated to determine which best meets
the needs of the City based on the RFQ evaluation criteria stated herein. Award
will be based on certain objective and subjective considerations, including, but
not necessarily limited to:
The City staff will review all RFQ response submittals and evaluate the top
ranking qualifiers. A list of a minimum of three (3) firms per work type or category
will be developed and advanced to the City Council. The determination shall be
based upon the following criteria, and respondents shall provide, as a minimum,
the information listed under each criterion. Failure to provide adequate
information listed on any criterion may result in rejection of the proposal as non-
responsive.
Ranking of firms and final selections will be based on the following criteria (up to
a maximum of 100 points total):
1. Attendance at the pre-submittal conference to explain / clarify
qualifications (evaluation scores up to 10 points).
2. Reputation and past performance of the firm and project staff on
similar assignments (evaluation score up to 20 points).
3. Experience and resources of the firm in the areas of interest in South
Florida (evaluation score up to 20 points).
4. Experience of the client representative and staff who will be assigned
to potential project(s) (evaluation score up to 30 points).
5. General approach of the firm for successfully carrying our projects
(evaluation score up to 10 points).
6. Quality of the submittal and document presentation by the firm
(evaluation score up to 5 points).
7. Location of office@) in Palm Beach County, Florida (evaluation
score up to 5 points).
The City reserves the right to be the sole determination of responsiveness and
responsibility of any RFQ submittals received. Professional Consultant must
demonstrate that it has sufficient training and I or experience to fulfill the future
contract requirements of professional consulting services for the City of Palm
Beach Gardens, Florida, as specified per individual work authorizations.
The Award will be based on a review of all the information submitted, plus a
review of references. The City reserves the right to visit and inspect
QualifierlConsultant facilities and locations where Professional Consultant is
currently providing professional consulting services in determining its capacity to
perform the services contained in the RFQ.
16
QUALIFICATION FOR TYPE(S) OF WORK
Name of Firm: Date:
List the qualified employee(s) by their respective twe(s) of work / code number(s1 specialty as
listed in Section C (pg.11-13). Attach a resume for each individual further detailing/confirming
hislher type of work credentials.
17
City of Palm Beach Gardens
Request for Qualifications #2006-004
General Information Submittal Form for
Professional Consulting Services on a Continuing Contract Basis
Finn Name:
(h reglstend with Florida Secretary of State)
Address: city:
State: Zip Code: County:
Tei: Fax: Web-site:
Contact Person: E-mail:
Name of Parent Company (if applicable):
Address:
c: Type of Firm: Corporation Partnership Individual Other
if Corporation: Date Incorporated: State Incorporated:
Date Authorized In Florida: Name of President:
Type: General Ir, Limited r if Partnership: Date Organized: r= Other
Name(s) of Partner(8):
Florida Secretary of State Document No.:
Florida State Board Certification(5) I applicable as follows -
Professional Engineer’s Certificate No.: Date:
Land Surveyor’s 6 Mapper‘s Certificate No.: Date:
Architecture 6 Interior Design Registration No.: Date:
Landscape Architecture Registration No.: Date:
Real Estate Commission Registration No.: Date:
18
Firm Name: (As registered with Florida Secretary of State)
Federal Employer Identification No.:
c Most recent Rnancial statement attached: No Yes
Firm’s current annual gross income: $
Blanket Prohsslonai Liability Insurance: No Yes mount:$
Policy No.: Company:
If yes: Attach a copy of certificate showing policy number, company, amount, and expiration date.
If no: Attach commitment letter from insurance company that project liability insurance would be
provided to the qualifier, or a commitment letter for a nonassignable, nontransferable, irrevocable
letter of credit created pursuant to Chapter 287, Florida Statutes, in a minimum amount of $250,000.00.
Does your firm have a CADD system? No Yes Type:
I hereby certify that the information contained in this package is true and correct to the best of my knowledge
and that this firm is duly authorized to conduct business in the State of Florida. I further certify that neither the
firm, nor any officer, director, employee of the firm or any of its affiliates have been criminally or civilly charged
with antitrust criminal acts under State of Florida law which involved fraud, bribery, collusion, conspiracy,
antitrust violations, or material misrepresentation with respect to a public contract, except for matters previously
disclosed to the City of Palm Beach Gardens and filed in case no.(s)
(H not applicable, enter NIA) with the Clerlc of Agency Proceedings. I further certify that the employment
practices of this organization fully comply with Title VI provisions of the 1964 Civil Rights Act.
Signature Titie Date
List of Branch Offices in Florida
Please include address, city, zip code, county, contact person, telephone number, and email address.
19
RFQ # 2006-004
Acknowledgment
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
(Professional Consultant)
agrees to provide PROFESSIONAL CONSULTING SERVICES as defined in this Request for
Qualifications document and in accordance with the requirements of the specifications
and related work authorizatlonslcontract documents.
The Undersigned QualifierlConsultant has carefully examined the RFQ requirements and
related contract documents and is familiar with the nature and extent of the work and any
local conditions that may in any manner affect the work to be done.
The undersigned agrees to provide the PROFESSIONAL CONSULTING SERVICES called
for by the RFQ documents, in the manner prescribed therein and to the standards of
quality and performance established by the City for the quality of service quoted.
The undersigned agrees to the right of the City to hold the Request for Qualifications
submittals and guarantees the future related proposals for a period not to exceed one
hundred and twenty (120) days from the effective date of the contract term.
The undersigned accepts the invoicing and payment policies specified in the RFQ.
Upon award of this RFQ, the City and QualifierlConsultant each binds himself, itself, or
herself, its partners, successors, assigns, and legal representatives to the other party
hereto in respect to all covenants, agreements, and obligations contained in the RFQ
Documents.
The RFQ Document constitutes the entire agreement between City and
QualifierlConsultant and may only be altered, amended, or repealed by a Change Order or
a written amendment.
The QualifierlConsultant, by signing these RFQ Submittal pages, acknowledges and
agrees to abide by all the terms, conditions, and specifications contained in this RFQ
Document.
QualifierlConsultant shall guarantee PROFESSIONAL CONSULTING SERVICES within
calendar days from receipt of Purchase Order or Work AuthorirationlNotice to
Proceed.
Dated this day of 9
(Month) (Year)
20
By: I
(Signature) (Print name)
Address:
Telephone: u Fax:
Social Security Number (OR) Taxpayer Identification Number (TIN):
By: I
(Signature) (Print name)
Address:
Telephone: u Fax:
Taxpayer Identification Number (TINIEIN):
State Under Which Corporation Was Chartered:
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer:
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
Signature: Date:
21
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more qualifications which are equal with respect to price, quality, and service are received by the
City for the procurement of PROFESSIONAL CONSULTING SERVICES, a qualification received
from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie qualifications
will be followed if none of the tied vendors have a drug-free workplace program. In order to have
a drug-free workplace program, a business shall:
1.
2.
3.
4.
5.
6.
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling. rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for dNg abuse violations.
Give each employee engaged in providing these PROFESSIONAL CONSULTING
SERVICES that are part of this RFQ a copy of the statement specified in subsection (1).
In the statement specified in subsection (l), notify the employees that, as a condition of
working on the PROFESSIONAL CONSULTING SERVICES that are under the RFQ
submittal, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
Impose a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
Make a good-faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Company Name:
Signature:
Print Name:
E-mail Address:
Phone I Fax #:
22
City of Palm Beach Gardens
Title: RFQ #2006-004 PROFESSIONAL CONSULTING SERVICES ON
CONTINUING CONTRACT BASIS
Opening Date: Thursday, June 1,2006. at 2:OO D.m.
The following addendum #1 responds to a question and corrects “Section E -
Evaluation Criteria Points Assigned I Sub=section 1 (pg. 15-16).’’
Addendum #7
Question: On page 15 of the RFQ, it mentions points for attending a pre-submittal
conference .... Did I miss it in the RFQ?
Answer: There will be no pre-submittal conference. Please reference the revised
and attached “Section E - Evaluation Criteria Points Assigned I Sub-section 1”.
Signature of Bidder Acknowledginn Receipt of Addendum #7
City of Palm Beach Gardens
Arthur DeRostaing, CPPB
Purchasing Agent
May 5,2006
I
E. EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all RFQ submittals received based on the RFQ
requirements. RFQ submittals shall be evaluated to determine which best meets
the needs of the City based on the RFQ evaluation criteria stated herein. Award
will be based on certain objective and subjective considerations, including, but
not necessarily limited to:
The City staff will review all RFQ response submittals and evaluate the top
ranking qualifiers. A list of a minimum of three (3) firms per work type or category
will be developed and advanced to the City Council. The determination shall be
based upon the following criteria, and respondents shall provide, as a minimum,
the information listed under each criterion. Failure to provide adequate
information listed on any criterion may result in rejection of the proposal as non-
responsive.
Ranking of firms and final selections will be based on the following criteria (up to
a maximum of 100 points total):
1. Balance and reasonableness of proposed unit pricinglprofessional
hourly rates - include in Tab #12, reference pg.14 of RFQ
(evaluation scores up to 10 points).
2. Reputation and past performance of the firm and project staff on
similar assignments (evaluation score up to 20 points).
3. Experience and resources of the firm in the areas of interest in South
Florida (evaluation score up to 20 points).
4. Experience of the client representative and staff who will be assigned
to potential project(s) (evaluation score up to 30 points).
5. General approach of the firm for successfully carrying our projects
(evaluation score up to 10 points).
6. Quality of the submittal and document presentation by the firm
(evaluation score up to 5 points).
7. Location of office(s) in Palm Beach County, Florida (evaluation
score up to 5 points).
The City reserves the right to be the sole determination of responsiveness and
responsibility of any RFQ submittals received. Professional Consultant must
demonstrate that it has sufficient training and l or experience to fulfill the future
contract requirements of professional consulting services for the City of Palm
Beach Gardens, Florida, as specified per individual work authorizations.
The Award will be based on a review of all the information submitted, plus a
review of references. The City reserves the right to visit and inspect
QualifierlConsultant facilities and locations where Professional Consultant is
currently providing professional consulting services in determining its capacity to
perform the services contained in the RFQ.
2
City of Palm Beach Gardens
Title: RFQ #2006-004 * PROFESSIONAL CONSULTING SERVICES ON
CONTINUING CONTRACT BASIS
New Opening Date: Thursdav, June 8,2006, at 2:OO p.m.
Addendum #2
ADDENDUM #1 IS CANCELLED.
The =“Section E - Evaluation Criteria Points Assigned” (pg. 15-16 of RFQ) is
attached.
The new “Important Dates for Professional Consulting Services on Continuing
term Contract” (pg. 3 of RFQ) is attached. Dates have been moved back. No pre-
submittal conference.
Signature of Consultant
City of Palm Beach Gardens
Arthur De Ros ta i ng , C P P B
Purchasing Agent
May 9,2006
I
E. EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all RFQ submittals received based on the RFQ
requirements. RFQ submittals shall be evaluated to determine which best meets
the needs of the City based on the RFQ evaluation criteria stated herein. Award
will be based on certain objective and subjective considerations, including, but
not necessarily limited to:
The City staff will review all RFQ response submittals and evaluate the top
ranking qualifiers. A list of a minimum of three (3) firms per work type or category
will be developed and advanced to the City Council. The determination shall be
based upon the following criteria, and respondents shall provide, as a minimum,
the information listed under each criterion. Failure to provide adequate
information listed on any criterion may result in rejection of the proposal as non-
responsive.
Ranking of firms and final selections will be based on the following criteria (up to
a maximum of 100 points total):
1.
2.
3.
4.
5.
6.
Reputation and past performance of the firm and project staff on
similar assignments (evaluation score up to 25 points).
Experience and resources of the firm in the areas of interest in South
Florida (evaluation score up to 25 points).
Experience of the client representative and staff who will be assigned
to potential project(s) (evaluation score up to 30 points).
General approach of the firm for successfully carrying our projects
(evaluation score up to 10 points).
Quality of the submittal and document presentation by the firm
(evaluation score up to 5 points).
Location of office(s) in Palm Beach County, Florida (evaluation
score up to 5 points).
The City reserves the right to be the sole determination of responsiveness and
responsibility of any RFQ submittals received. Professional Consultant must
demonstrate that it has sufficient training and / or experience to fulfill the future
contract requirements of professional consulting services for the City of Palm
Beach Gardens, Florida, as specified per individual work authorizations.
The Award will be based on a review of all the information submitted, plus a
review of references. The City reserves the right to visit and inspect
QualifierlConsultant facilities and locations where Professional Consultant is
currently providing professional consulting services in determining its capacity to
perform the services contained in the RFQ.
IMPORTANT DATES FOR PROFESSIONAL CONSULTING SERVICES
ON CONTINUING TERM CONTRACT
2
1. Broadcast / Publication Release of RFQ May 4,2006
2. RFQ Opening
3. EvaluationlShort-list Committee Review June 12,2006 *
4. Possible Interviews for Firms Short Listed
5. Consultant Selections Announced June 28,2006 *
6. Contract Negotiations / Executions July 2006 *
7. Award Recommendations to City Council August 2006 *
June 8,2006 at 2 p.m.
June 13 - 15,2006
Dates above are subject to change based on the number of respondents, availability of the
members. or other unforeseen circumstances.
3
Date Prepared: September 11, 2008
Resolution 85, 2008
EXHIBIT “B”
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2008, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
Boyle Engineering Corporation (hereinafter referred to as CONSULTANT), whose
address is 3550 SW Corporate Parkway, Palm City, Florida 34990.
WHEREAS, it is necessary for the CITY to enter into a Continuing Contract, and
the CONSULTANT agrees to act as the CITY'S consultant pursuant to Section 287.055,
Florida Statutes, for professional engineering and surveying services on a non-exclusive
basis; and
WHEREAS, the CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The term of this Agreement shall be for a period of one (1) year commencing on
October 1, 2008, and ending on September 30, 2009, but may be terminated as
provided herein.
The CITY reserves the right to extend the contract for one (1) additional three (3) year
renewal term, providing both parties agree to the extension; all terms, conditions, and
specifications remain the same; and such extension is approved by the CITY.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
The CONSULTANT shall perform Contract City Engineer services as specifically stated
in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit
A, and as may be specifically designated and authorized by the CITY. In addition, the
CONSULTANT shall perform the Services as qualified and specifically stated in
Request for Qualifications #2006-004, its response thereto, and as may be specifically
designated and authorized by the CITY on a per-project basis.
2.2 WORK AUTHORIZATION
Services will be authorized by the issuance of a Work Authorization. No services shall
be performed until a Work Authorization has been executed as provided below. Each
Work Authorization will set forth a specific Scope of Services, amount of compensation,
a completion date, and shall be approved as follows:
Work authorizations for development review in amounts less than $50,000.00 shall be
approved by the Growth Management Planning Manager.
Work authorizations in excess of $50,000.00 shall be approved by the City Council.
Work authorizations for other services in amounts less than $50,000.00 shall be
approved by the City Manager.
No services exceeding the compensation established in a Work Authorization shall be
performed until an Amended Work Authorization has been executed as provided above.
Regardless of the foregoing, all services shall be performed in accordance with Section
287.055, Florida Statutes, including all such thresholds.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in the Contract City Engineer
Scope of Work attached hereto as Exhibit A, the CITY shall pay the CONSULTANT'S
fees based on the rates stipulated in Exhibit B-1, attached hereto and incorporated
herein, which are effective from October 1, 2008, through December 31, 2008. As
compensation for providing the Services enumerated in Request for Qualifications
#2006-004, the CITY shall pay the CONSULTANTS fees based on the rates stipulated
in Exhibit 8-2, attached hereto and incorporated herein, which are effective from
January 1, 2009, through September 30, 2009, unless otherwise provided for in such
Work Authorization.
ARTICLE 4 I NSU RANCE
During the performance of the Services under this Agreement, the CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1
Million Dollars ($1,000,000) insurance.
General Liability Insurance with each occurrence limits of not less than One
4.2 Workers' Compensation Insurance in accordance with statutory requirements
and Employer's Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
4.4 Hired and Non-hired Vehicle Insurance of not less than One Million Dollars
($1,000,000).
2
Deductible amounts shall not exceed ten percent (10%) of the total amount of required
insurance in each category. Should any policy contain any unusual exclusion, said
exclusions shall be so indicated on the certificate(s) of insurance.
The CONSULTANT shall furnish the CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days’ written notice has been made to the CITY. The
CONSULTANT shall include the CITY as an additional insured on the general liability
policy required by this Agreement.
The CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
the CITY.
ARTICLE 5 STANDARD OF CARE
The CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a comparable professional
under similar circumstances, and the CONSULTANT shall, at no additional cost to the
CITY, re-perform Services which fail to satisfy the foregoing standard of care. The
CONSULTANT warrants that all Services shall be performed by skilled and competent
personnel to reasonable professional standards within the industry.
ARTICLE 6 INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, the
CITY and the CONSULTANT agree to allocate such liabilities in accordance with this
Article 6.
6.2 IN DE M N IF ICATIO N
The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY,
its employees, and representatives from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney’s fees and court costs, including
appeals, for which the CITY, its employees, and representatives can or may be held
liable to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONSULTANT and other persons employed or utilized by the
CONSULTANT in performance of this Agreement.
3
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
The CONSULTANT undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of performance. The CITY
shall have no right to supervise the methods used, but the CITY shall have the right to
observe such performance. The CONSULTANT shall work closely with the CITY in
performing the Services under this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the Services, the CONSULTANT will comply with applicable
regulatory requirements and laws, including, but not limited to, all federal, state, special
district, and local laws, rules, regulations, orders, codes, criteria, standards, directives,
and guidelines.
ARTICLE 9 SUBCONSULTING
The CITY reserves the right to accept the use of a subconsultant or to reject the
selection of a particular subconsultant. If a subconsultant fails to perform or make
progress as required by this Agreement and it is necessary to replace the subconsultant
to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by the CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the CITY will provide an exemption certificate to the CONSULTANT. The
CONSULTANT shall not be exempted from paying sales tax to its suppliers for
materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be
authorized to use the CITY'S Tax Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of the CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of the CITY.
ARTICLE 12 CITY'S RESPONSIBILITIES
The CITY shall be responsible for providing information on hand required by the
CONSULTANT.
4
ARTICLE 13 TERMINATION OF AGREEMENT
This Agreement may be terminated by either party, with or without cause, upon thirty
(30) days’ written notice to the other party. Unless the CONSULTANT is in breach of
this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY’S
satisfaction through the date of termination. After receipt of a Termination Notice, and
except as otherwise directed by the CITY, the CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to the CITY.
D. Continue and complete all parts of the work that have not been terminated.
The CONSULTANT shall be paid for Services actually rendered to the date of
termination, subject to the limitations of this Agreement.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither the CITY nor the CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,
the effect of which, by the exercise of reasonable diligence, the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war,
riot, civil disturbance, sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
5
ARTICLE 16 NON-DISCRI M IN ATlON
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
ARTICLE 17 WAIVER
A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 18 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this Article
shall not prevent the entire Agreement from being void should a provision, which is of
the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
The CITY and the CONSULTANT agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications between the
CITY and the CONSULTANT pertaining to the Services, whether written or oral. None
of the provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I FlCATlO N
This Agreement may be modified only by a written amendment executed by both
parties.
6
ARTICLE 21 SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its
partners, successors, executors, administrators, assigns, and legal representatives.
The CONSULTANT shall not assign this Agreement without the express written
approval of the CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The CITY shall exercise its rights under this “Certificate” within one (1)
year following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by the
CONSULTANT pursuant to this Agreement shall become the property of the CITY for
any lawful use and/or distribution as may be deemed appropriate by the CITY.
ARTICLE 25 ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges and costs
incurred in performing the Services for at least three (3) years after completion of this
Agreement. The CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at the CONSULTANT’S place of business.
7
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the CITY As to the CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: Comm. Svcs. Administrator
Boyle Engineering Corporation
3550 SW Corporate Way
Palm City, Florida 34990
Attn: John E. Donahue, P.E.
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received; however, facsimile transmissions received
(Le., printed) after 500 p.m. or on weekends or holidays wilt be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the CONSULTANT and the CITY.
ARTICLE 27 CONTRACT ADMINISTRATION
Services of the CONSULTANT shall be under the general direction of the COMMUNITY
SERVICES ADMINISTRATOR or his designee, who shall act as the CITY'S
representative during the term of this Agreement unless the Services are related to
development review. Services of the CONSULTANT related to development review
shall be under the general direction of the GROWTH MANAGEMENT
ADMINISTRATOR or her designee, who shall act as the CITY'S representative during
the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
The CONSULTANT shall notify the CITY in the event of key personnel changes which
might affect this Agreement. Notification shall be made within ten (IO) days of said
changes. The CITY has the right to reject proposed changes in key personnel. The
following personnel shall be considered key personnel: John E. Donahue, P.E., Vice
President.
8
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by the CONSULTANT under this Agreement shall be made
available to any individual or organization by the CONSULTANT without prior written
approval of the CITY, and subject, however, to F.S. 119.01 et. seq.
ARTICLE 30 CONFLICT OF INTEREST
The CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein as Exhibit C, which are either subject to the
jurisdiction of the CITY or have an ongoing contractual relationship with the CITY. Any
actual or potential conflict between existing clients and responsibilities under this
Agreement shall be immediately brought to the attention of the CITY.
Prior to the issuance of a Work Authorization for a particular project, the CITY staff will
determine whether the CONSULTANT'S representation of these clients will either
directly or indirectly conflict in any manner with the performance of the specific Work
Authorization issued under this Agreement. If any direct or indirect conflict is identified,
the Work Authorization shall be awarded to one of the other CONSULTANTS under a
continuing contract with the CITY.
During the term of this Agreement, the CONSULTANT agrees not to provide Services
for any developer, property owner, or other entity (other than those identified on Exhibit
B) who has applied for or will be applying for a permit or other official sanction from the
CITY without the written consent of the CITY. The CONSULTANT shall promptly notify
the CITY in writing of all potential or actual conflicts of interest for any prospective
business association, interest, or other circumstance which may influence or appear to
influence the CONSULTANT'S judgment or quality of the Services. The notice shall
identify the prospective business association, interest, or circumstance and the nature
of work that the CONSULTANT wants to undertake and request the CITY'S response
as to whether the association, interest, or circumstance would, in the opinion of the
CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY
agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of
notification by the CONSULTANT. If, in the opinion of the CITY, the prospective
business association, interest, or circumstance would not constitute a conflict of interest
by the CONSULTANT, the CITY shall so state in its response, and the association,
interest, or circumstance shall not be deemed to be a conflict of interest with respect to
the Services.
9
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of the day and year first above written.
CITY OF PALM BEACH GARDENS
ATTEST:
By:
Eric Jablin, Mayor
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
By:
BOYLE ENGINEERING CORPORATION
John E. Donahue, P.E.
/I
By:
By:: Print Name:
Vice President
(CORPORATE, SEAL)
,
Glattorney-share\AGREEMENTS\CCNA Agreement - Boyle revised-final.doc
10
EXHIBIT A
SCOPE OF SERVICES
GENERAL CONTINUING SERVICES
1. Development Review Services
a. The CONSULTANT shall provide an assigned engineer to work in City Hall
under the direction of the Growth Management Administrator a minimum of 40
hours per week. The parties recognize there will be times when the assigned
engineer will be off-site. The CONSULTANT will make every effort to provide
other qualified staff during the absence.
b. The CONSULTANT shall review land development applications submitted to
the CITY for compliance and consistency with applicable codes and shall make
such recommendations as are necessary regarding engineering, surveying, and
other technical matters.
c. The CONSULTANT shall attend Regular and Special Planning, Zoning, and
Appeals Board Meetings.
d. The CONSULTANT shall calculate surety requirements required by the Land
Development Regulations, and maintain, in the Growth Management
Department, records of posted surety to ensure that all required surety is
adequate and current.
e. The CONSULTANT shall review and approve certified impact fee credit
ca I cul a t ions.
2. The CONSULTANT shall attend the following:
e Monthly Staff CITY CIP Meetings
e Agenda Review Meetings
0 Department Head Meetings
e Regular and Special Council Meetings
e Northern Palm Beach County Improvement District Meetings
e Seacoast Utility Meetings (only upon specific request of the CITY)
3. The CONSULTANT shall provide engineering oversight for all road projects within the
CITY, including county, state, or federal projects and shall serve as the CITY Liaison
with the Palm Beach County Engineering Department, the Florida Department of
Transportation, and the Florida Turnpike Authority.
The CONSULTANT shall participate in Emergency Operation Center activities, serving
as the emergency liaison to Northern, Seacoast, and SFWMD.
The CONSULTANT shall prepare and certify cost estimates necessary for preparation
of the Capital Improvement Plan and the annual Capital Improvements Element.
6. The CONSULTANT shall provide support services for regulatorylpermitting
4.
5.
corn p I i an ce.
ADDITIONAL SERVICES
1. Capital Improvement Projects (upon request and subject to the restrictions of Section
287.055, Florida Statutes):
a. Perform professional engineering services for design, preparation of
construction plans and specifications, permitting, bidding, and inspection
services during construction for the CITY capital improvement projects.
b. Review the construction of capital improvements and site improvements by
person or entities other than the CITY.
2. For those projects for which the CONSULTANT provides capital improvement
oversight as specified above, the CONSULTANT shall submit a Capital Improvement
Update Report by the 15'h of each month.
3. Make technical investigations and submit findings and recommendations to the CITY.
4. Provide support services to the CITY for surveying and mapping, including Geographic
Information Systems (GIs).
PERFORMANCE STANDARDS
1.
2.
3.
4.
5.
6.
Development Review shall be accomplished within fourteen (14) working days of the
CONSULTANT'S receipt of written authorization from the CITY'S Growth Management
Planning Manager.
The CONSULTANT shall provide the CITY with a list of designated personnel for each
CITY department, and shall ensure a response to all department inquiries within
twenty-four (24) hours of contact.
The CONSULTANT shall be available to review and respond to CITY inquiries
regarding billing matters at no cost to the CITY.
If the CONSULTANT attends a meeting as a representative of both the CITY and
another agency, the CONSULTANT shall bill the CITY only a pro-rata share of such
attendance.
The CONSULTANT shall submit a monthly activity report and shall submit an annual
engineering report no later than November 1" outlining the previous fiscal year's
act ivi t i es and accom p I ish men t s .
The CONSULTANT shall attend monthly meetings with the CITY Manager to review
goals and objectives, major issues, and project status.
EXHIBITS B1 AND B2
EXHIBIT B-1
STANDARD HOURLY RATE SCHEDULE
Boyle Engineering Corporation
Effective October 1,2008 through December 31,2008
I Proiect Director I 155.10 I .I I I Sr. Client Service Manager I 148.15 I
Client Service Manager 123.85
Sr. Proiect Engineer 123.85 I Project Engineer V I 121.53
Project Engineer IV 108.80
Proiect Engineer I11 101.86
IProject Engineer I1 94.91
Project Engineer I 87.97
Sr. Designer 105.33
Designer 98.38
Survev Client Service Manager 111.12 Y I
Sr. Professional Surveyor & Mapper I 105.33
Professional Surveyor & Mapper 92.60
Engineering & Survev Technician 11 85.65
IEngineering & Survey Technician 1 I 74.08
Sr. Field Representative I 105.33
Field Remesentative 11 85.65
Field Representative I 68.29
Survev Crew 123.85 I
GPS Equipment I 43.98 1 Administrative Support I 43.98 I
EXHIBIT B-2
STANDARD HOURLY RATE SCHEDULE
Boyle Engineering Corporation
Effective January 1,2009 through September 30,2009
Job Title Billing Rate
Engineers, Planners, Architects, Landscape Architects, Geologists, Construction & Survey Managers
Assistant I $ 80.00 per hour
Assistant I1 $ 88.00 per hour
Assistant I11 $ 94.00 per hour
Associate $110.00 per hour
Senior I $120.00 per hour
Senior I1 $150.00 per hour
Senior I11 $180.00 per hour
PrincipaVOfficers $225.00 per hour
Technical /Desimer Personnel:
DesignerD'echnician
Senior Designer Technician
Designer Supervisor/Technical Specialist
$ 95.00 per hour
$1 10.00 per hour
$120.00 per hour
CADD Personnel:
CADD Operator I
CADD Operator I1
CADD Operator I11
Project Administrative Support I
Project Administrative Support I1
Project Administrative Support I11
Programmer Analyst
GIs Analyst
Senior GIs Analyst
Assistant Field Representative
Resident Project Representative
Sr. Resident Project Representative
Sr. Resident Project Administrator
Sr. Survey Technician
Sr. Registered Professional Surveyor
Two Man Crew
Three Man Crew
GPS Crew
Travel - Automobile/Truck
Travel - Other than Automobile
Subcontracted Services
Administrative Personnel:
Other Technical Staff:
Construction Inspection:
Surveying Staff:
Direct Proiect Expenses:
$61.00 per hour
$74.00 per hour
$ 87.00 per hour
$45.00 per hour
$60.00 per hour
$78.00 per hour
$ 90.00 per hour
$ 90.00 per hour
$115.00 per hour
$ 60.00 per hour
$ 88.00 per hour
$105.00 per hour
$148.00 per hour
$ 95.00 per hour
$112.00 per hour
$112.00 per hour
$140.00 per hour
$180.00 per hour
IRS Rate*
Actual Cost + 15%
Actual Cost + 15%
If authorized by the client, an overtime premium multiplier of 1.5 will be applied to the billing rate of hourly personnel who
work overtime in order to meet a deadline, which cannot be met during normal hours.
Rates subject to annual revision.
EXHIBIT C
CLIENT LIST
The following list identifies current clients, which are either subject to the jurisdiction of the CITY or have an
ongoing contractual relationship with the CITY:
Palm Beach County (Parks, Roads, Utilities outside City Boundaries)
Northern Palm Beach County Improvement District (Civil Engineering)
Seacoast Utility Authority (Various Pipeline and Plant Projects)
Catalfumo Construction Corporation (Civil Engineering outside City Boundaries)
Kolter Development Corporation (Civil Engineering outside City Boundaries)
Watermark Communities, Inc. (Civil Engineering outside City Boundaries)
Florida Department of Transportation (Roads outside City Boundaries)
The Gables (Civil Engineering outside City Boundaries)
Florida Power & Light Company (Civil Engineering outside City Boundaries)
American Engineering & Development (Civil Engineering outside City Boundaries)
AT&T (Civil Engineering outside City Boundaries)
FDEP (Civil Engineering outside City Boundaries)
Kimley Horn & Associates (Civil Engineering outside City Boundaries)
McMahon Associates, Inc. (Civil Engineering outside City Boundaries)
SFWMD (Civil Engineering outside City Boundaries)
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda. Cover Memorandum
Date Prepared: September 25,2008
Meeting Date: October 16,2008
Resolution 92,2008
Subject / Agenda Item:
Resolution 92,2008: Nutrition S’Mart - Special Event Application
Consideration of Approval: A request by David Hirth, applicant and general manager for
Nutrition S’Mart, for approval by City Council to hold a fourth special event. The proposed
special event will be a Customer Appreciation Day held at Nutrition S’Mart in the ABC Fine
Wines property at 4155 Northlake Boulevard, which is generally located at the northeast corner
of Northlake Boulevard and Keating Drive.
[ X ] Recommendation to APPROVE
1 ] Recommendation to DENY
I Reviewed by:
Development Compliance
n/a
Bahareh K. Wolfs, AICP
Approved by:
City Manager
Driginating Dept.:
3rowth Management:
Allyson Maiwurm
Resource Manager
[ 3 Quasi -Judicial
[ 3 Legislative
[ 3 Public Hearing
Advertised:
Date:
Paper:
[XI Not Required
Affected parties:
[ ]Notified
[XI Not Required
FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ ]Operating
[XIOther NA
Budget Acct.#:
City Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
[ J Continued to:
Attachments:
0 Resolution 92,
0 Special Event
0 Special Event
Ordinance49,
2008
Application
Sign-off Report
2002
Date Prepared: September 22,2008
Meeting Date: October 16,2008
Resolution 92,2008
EXECUTIVE SUMMARY
A request by David Hirth, applicant and general manager for Nutrition S’Mart, for approval by
City Council to approve a fourth special event application. The proposed special event will be a
customer appreciation day held at Nutrition S’Mart at the ABC Fine Wines property at 4155
Northlake Boulevard, which is generally located at the northeast corner of Northlake Boulevard
and Keating Drive, on Saturday, November 15,2008, fiom 11 :OOam- 3:OOpm.
SPECIAL EVENT BACKGROUND
On January 16, 2003, the City Council approved Ordinance 49, 2002, which amended Section
78- 187 of the City Code, entitled “Special Events.” The amendment repealed Section 78- 187,
“Special Events,” of Chapter 78, “Land Development Regulations,” and adopted a new section
78-187, and amended Article VIII Section 78-751, “Definitions.” This ordinance provides for an
approval mechanism for any person, firm, group, corporation or institution wishing to promote,
organize, control, manage, solicit, or induce participation in a special event, through a special
event permit.
SPECIAL EVENTS
Per Section 78-1 87(d)(3)(a) of the Land Development Regulations, “Number per year,” no more
than three special events every calendar year shall be held by any applicant at one location,
unless otherwise approved by the city council following a recommendation by the growth
management director.
Currently, the applicant is requesting approval for a fourth special event this calendar year. The
applicant has held three other special events for customer appreciation. These events fell on
January 26,2008, April 26 & 27,2008, and September 6,2008.
SPECIAL EVENT COMMITTEE
The Special Event Committee has reviewed the special event application and has no foreseeable
problems and/or concerns with the requested event at this time.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 92,2008.
2
. .--
Date Prepared December 20,2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 49,2002
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE CITY CODE OF ORDINANCES BY
CHAPTER 78, “LAND DEVELOPMENT,” AND ADOPTING A
REPEALING SECTION 78-187, “SPECIAL EVENTS,” OF
NEW SECTION 78-187, AND AMENDING ARTICLE VIII,
SECTION 78-751, “DEFINITIONS”; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, City staff has initiated an amendment (Petition LDR-02-07) to the City’s Land
Development Regulations amending Chapter 78, “Land Development,” Section 78- 1 87, “Special
Events”; and
WHEREAS, on November 26,2002, the Planning and Zoning Commission, the duly constituted
Land Development Regulations Commission for the City, conducted a public hearing and
recommended approval and adoption of the subject amendments to the City’s Land Development
Regulations; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest
of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. The City Council hereby repeals Section 78-1 87, “Special Events” of Chapter 78,
“Land Development of City Code of Ordinances,” and adopts a new section 78-187 to read ,as
follows:
Sec. 78-187. Special events
la) Permit required-for suecia2 event. No person, firm, moup. cornoration or institution shall
participate in advertise for or in anv wav promote. organize, control, manage. solicit, or induce
participation in a special event. as defined in Section 78-751. unless a soecial event oermit has first
been obtained fiom the city as Drovided herein. No Derson. fum. ~~OUD. or cornoration shall violate
any terms of a special event permit issued under this article. nor in any manner interfere with the
Date Prepared: Dccemkr 20,2002
Ordinance 49,2002
propsess or orderly conduct of a special event.
Anv person. firm. group, comoration or institution seeking to conduct a special event in the citv shall
file a complete application for a special event permit with the special events planner as designated by
the mowth management director on forms Provided by the citv. Unless waived by the growth
management director for good cause and for the public interest of the citv. a comdete application for
a special event permit shall be filed on or before the following deadlines prior to the event to allow
sufficient time for the review process:
Expected attendance: Minimum advance time rewired to file:
Less than. or eaual to. 1 .OOO persons
1.001 to 5.000 persons
5.001 to 50,000 persons
More than 50.000 persons
one month
two months
four months
six months
The auulicant shall provide all information solicited on the special event pennit application form,
unless waived by the suecial events planner. upon finding that such information is not necessary.
fi) Permit Reauirements
(1) Authoritv. Notarized evidence the DroDertv owner/managinp aEent authorizes the use o
the site for the special event reflected on the special event permit application.
(2) Site plan. A detailed site plan for the event, including but not limited to. property
boundaries; road access: location of trash recmtacles. sanitary facilities. tents or other
structures; location of rides if applicable; location of parking: location of temporary
dwellings. offices, and eauipment; and proposed setbacks of activities, fences. tents,
booths, etc. fiom adiacent properties.
(3) Statement of use. A detailed statement of use. including but not limited to sDonsor(s2
vendors(s). band(s) and/or other musical operations, ~lanned activities. duration of event,
hours of operation. anticbated attendance. temporary linhting to be provided on-site,
securitv. utilities. and use of generators.
(4) Simage: Sims are permitted only if related to a special event.
a. On-site sians:
(1) Only one (1) on-site sign per special event is Dermitted unless waived by the aowth
management director for Food cause and the Dublic interest of the citv.
(2) Any on-site sign related to a special event shall be illustrated in a detailed on-site sign
plan. including. but not limited to the Drouosed location. size. twe. CODY area. EII~D~~CS,
2
Date Prepared: December 20.2002
ordinance 49.2002
and color. including the dates of installation and removal of the sim for with the event in
accordance with section 78-290: Temporary signs.
(3) Banner signs and flags Droposed within the signane plan may be amroved per the discretion of the special events planner. No signs shall be Dermitted in the safe site
visibility triangles as described in section 78-315 (i): Visibility triangles.
@ Off-site sims:
(1) Any off-site sign(s) includinp street banners. pole banners, flags. directional sim related
to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on
a site plan the location, copy area, maDhics. size. Me. and colors of the simfs) for the
event. Such ~lan shall be submitted with the special event permit. and approved by the
growth management director.
(2) Off-site sirns shall not be permitted on private property. Off-site signs located on public
prouerty or ri&t-of-way other than city DroDertv shall be submitted with the authorization
of the amlicable agency.
(3) Off-site signs may be displayed no more than fourteen (14) calendar days before the scheduled event and must be removed within two (2) calendar days after the conclusion
of the event. The mowth management director may waive such time limitation to allow
the apolicant to erect off-site sims prior to fourteen (14) calendar days to the scheduled
event for Rood cause and the public interest of the city.
(4) No off-site sims shall be permitted in the safe site visibility triangles as described in section 78-3 15 (i): Visibility triangles.
(5) Off-site signs related to a regional event outside the municipal boundaries of the city shall be permitted at the discretion of the mowth management director subiect to the
review and approval of an off-site sign ~lan illustrating the number. CODY area, location,
and mauhics of all signs DroDosed. All signs located on uublic property or right-of-way
other than city property shall be submitted with the authorization of the applicable
agency.
(5) Food service. If food service will be available at the event. the amlicant shall provide a
comdete list of food service vendors, their resDective Palm Beach County mobile
occupational license uennit if audicable. Florida State health certificates. and a list of the
tvDe of food service DrODOSed.
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Date pnpand: Dcccmber 20,2002
Ordinance 49,2002
(6) Alcohol. Applicants may Drovide alcoholic beverages in accordance with chapter 6 of the city
code: Alcoholic beverapes. provided that a CODY of the permit issued fiom the Florida
DePartment of Beverayes and Tobacco is attached to the special event permit aplication.
I
J7) Insurance. The operator of an event shall Drovide evidence of insurance accmtable to the city
in an amount of at least $1,000,000.00. and shall provide the city with a certificate of
insurance showing the city as additional insured. Events with an expected attendance over
10.000 people shall submit a certificate of insurance evidencing coverage of at least
$2.000.000.00. with the citv named as an additional insured. Proof of additional insurance
mav be reauired by the citv. Insurance shall not be cancelled or re-issued without a 30-day
written notice to the citv.
(8) Bond. A refimdable security bond, or similar financial pledge acceptable to the citv. will be
reauired, at the discretion of the special events planner. to ensure that any damage is repaired
and thebremises returned to its previous condition prior to the event, including the removal
of any sims or banners within two (2) calendar daw of the event.
(9) Indemnification. The applicant shall submit an indemnification agreement. as apDroved by the
risk manager and the city attorney, including any and all such claims, suits, actions, damages,
or causes of action arising as a result of the mecial event, or of the condition of the premises
on which the special event is held including any personal iniurv or loss of life. or damage to
or loss of DroDertV. and from and against any order, iudmnents, or decrees which may be
entered. and fiom and against any costs, attorneys’ fees, expenses and liabilities incurred in
and about the defense or settlement of any claims, and the investigation thereof.
(10) Other materials. Other materials and documentation as may be reauired by the aowth
management director.
(c) Review:
(1) At the discretion of the special events planner, special events Dermits maybe reviewed by the
Development Review Committee (DRC) in accordance with section 78-46 (dl): Amlication
procedures.
(2) All citv-sDonsored events shall be reviewed by the community services administrator, except
for those events that are two (2) consecutive days in length, andor have an expected
attendance of 500 DeoDle or more. in which case. shall be subiect to a sDecial event Demit
review.
/d) General Standards:
(1) Location. SDecial events may occur only on properties DossessinP the following non-
residential zoning district desirmations: CN, CG-1, CG-2, CR. PA. M-1, M-1A. M-2. PCD,
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Date Prepared: Deccmbcr 20,2002
Ordinance 49.2002
PDA, PO, and MXD. In residential zoning districts. or residential portions of PUDs, PCDs,
or MXDs. special events may occur on public or private schools, churches and houses of
worship, public parks. and public or urivate property.
J2) Duration. A special event shall not exceed seven (7) consecutive days. The powth
management director may authorize one (1) administrative time extension of up to three (3)
days for good cause and for the public interest of the citv. Any event more than ten (1 0) daw
in length must be submitted to the citv council for approval. Pumpkin sales and Christmas
tree sales shall not exceed thirty (30) daw.
(3) Number uer year.
a. No more than three (3) special events every calendar year shall be held by any applicant
at one location, unless otherwise approved bv the citv council followine; a
recommendation by the prowth management director.
b. No events shall occur consecutively, except for those with citv council approval, and if
amroved shall reuuire a separate permit and fee for each event.
c. Tenants located in commerciaVoffice plazas, are permitted three (3) special events per
tenant each calendar year: however, this number of permitted special events shall
exclusively molv to each tenant, and cannot be transferred to another tenant or uart~.
d. Sub-tenants within commercialloffice plazas are not permitted any special events.
e. CommerciaVoffice plazas with ten (1 0) tenants or less shall be limited to a maximum of
five (5) events per calendar year. CommerciaVoffice plazas with eleven (1 1) tenants or
more are permitted ten (1 0) special events per calendar year.
f. Anchor tenants are each permitted three (3) events per calendar year exclusive of the
limitation in subsection e. above.
e. No more than two (2) suecial events at any given time may occur simultaneously at any
commerciallofice plaza. Special event applications will be reviewed and approved by
the City on a first-come, first-serve basis.
h. City-sponsored and city co-sponsored events are hereby exempt from the limitation on
the number of events per year.
[4) Access. With the exceution of block parties, all efforts shall be made to urovide vehicular
access from a collector or arterial roadway.
[SI TraHc control. Use of city police or acceutable alternative to direct and control traffic may
be reuuired.
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Date Prep&. Dcccmbcr 20,2002
Ordinance 49.2002
(6) Sanitation. Plans for sanitation includinn temporary bathroom facilities. inspection of food
facilities. drainage. garbage and litter control. and recycling shall be approved bv the mowth
management director.
L7) Compliance. If a violation occurs at an event permitted by the city. the crrowth
management director may deny permits to the operator for future temporary events for a
period of no more than eighteen (1 8) months.
le) DeniaZ of sueciul event Dermit. A special event permit shall be denied under the following
conditions:
(1) The application is not complete in all material respects accurate within the knowledge of the
special events planner. The special events planner may allow for any additional materials to
be submitted within seven (7) days of notification by the special events planner.
(2) All of the conditions set forth in section 78-1 87 and all contractual reuuirements immsed by
the city, if any. have not been met.
(3) The special event will interfere with or unduly burden municiDa1 services including but not
limited to police, fire. and emergency medical protection. water and sanitary sewer service
and solid waste removal.
(4) The public benefit has not been demonstrated.
(5) The permit fee has not been paid.
. if) Conditions for arantina a suecial event uennit. All special event pennit applications approved
pursuant to this article shall be subject to the following: conditions:
(1) The public areas utilized shall be cleaned within two (2) calendar daw up following any
special event, and in all respects restored to its former condition.
(2) All city ordinances. rules or regulations applicable to the special event shall be observed
unless indicated in such section or waived by the mowth management director for good cause
and the public interest of the citv.
(3) The special event uermit mav be revoked bv the city if any conditions listed in (0 arise
anytime after the issuance of the uermit and urior to or during the mecial event.
Id Exemption ofpublic right-of-way closures. Any special event or block ~artv that is
temporarily blocking off, fencing. or in anv wav apmouriating anv publicly dedicated street,
sidewalk. or alley within the city for a mecial event or block partv is hereby exempt fiom section
6
Date Prepared: December 20,2002
Ordinance 49,2002
62-2 of the city code of ordinances; however, such Demit amlication shall be subiect to review in
accordance with section 78-187 (d). Closure of any public rinht-of-wav not within the City’s
jurisdiction shall reauire amroval from the appromiate authority. A ‘block ~artv ’ is defined in
Section 78-75 1 ; a maiority of residents must consent to closure, and the event must be monsored
solely by such residents and not be for any commercial or for-profit Duruose.
fi) Svecial event contract and ciq service-fees. The city may require. as a condition of a mecial
event Dennit. that the aDplicant enter into a contract with the city relative to the duties and
responsibilities of the Permit holder as a condition of the mecial event. BY such contract, the city
shall reauire that the amlicant pay to the city the municipal costs in providing services in SUDDOI~ of
the special event. The city may require that the atmlicant pay to the city a user fee for the use of
public DroDertv.
(i) Police services. The Dolice department shall review the permit application and assess the
need for Dolice services. If police services are reuuired. the applicant will be infomed of such and
will take the resDonsibilitv for contacting the Dolice dwartment directly. The amlicant is remonsible
for the cost of these services. The police chief or hidher designee is the final authority on the need
for Dolice service. including the number of officers required and the hours assigned.
li) Fire rescue servicedemeraenw medical services. The fire rescue department shall review the
permit amlication and assess the need for fire rescue services andor emergency medical services. If
such services are required. the amlicant will be informed of such and will take resDonsibility for
contacting the fire rescue deDartment directly. The amlicant is remonsible for the cost of such
services. The fire chief or hisher desimee is the final authority on the need for fire rescue andor
emergency medical services.
(k) Communiht services. The communitv services dwartment shall review the permit and assess
the need for community services. If services of the department are reuuired. the amlicant will be
informed of such, and will take the responsibility for contacting the community services dePartment
directly. The amlicant is responsible for the cost of such services. The public works manager or
hidher designee is the final authority on the need for Dublic works services.
/l) Auveal of uermit auulication. The amlicant may ameal. by written request, the denial of a
special event permit to the city manager’s office or designee within ten (10) dam of the rrrowth
management director’s decision. The written reauest shall sDecificallv state what Dortion of the
denial is beinp apDealed. The citv manager’s office shall have thirty (30) days to make a decision
and to notifv the apdicant. The citv shall reserve the right to charge a non-refundable filing fee to
offset all, or a Dortion of. the costs involved in handling the atmeal.
(m) Enforcement. Any violations of anv Drovision of this article shall be enforced by the code
enforcement sDecial master consistent with section 78-741Ib) of the municipal code.
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Date Repand: Decmrbcr 20,2002
Ordinance 49,2002
SECTION 3. The City Council hereby amends Section 78-751, “Definitions,” of the Land
Development Regulations of the City of Palm Beach Gardens, to read as follows (removed words are
shown as &dehu&- , and added words are underlined):
Sec. 78-751. Definitions.
Anchor Tenant means the maior store or stores within a commercial and/or office Dlaza.
Block Pur& means any temDorarv gathering of one (1) street block other than arterial or collector
streets in a residential zoning district that is closed to through traffic.
ewe
CornrnerciaZ/Of)?ce PZuzu means a ~OUD of commercial and/or office uses D~~UIII~~ and designed for
the site on which it is built. hctioning as a unit, with off-street Darking, 1andscaDing areas. and
pedestrian features urovided on the property as an integral part of the unit.
SDeciuZ Event means a temporary meeting. activity, gathering. or ~OUD of persons. animals, or
vehicles, or a combination thereof. having a common Dumose, design or goal upon any public or
private facilitv. street, sidewalk. alley, Dark. public or Drivate area or building where the sDecial event
substantially inhibits the usual flow of pedestrian or vehicular traffic. and is not the type approved
for. or customarily associated with, the site uuon which the event is located. and is not a normal
business sale event or similar activity for commercial andor office establishments. A mecial event
shall include. but not be limited to, city sDonsored and co-sponsored events, festivals, carnivals,
concerts. Darades. walks. races, banner and sim exhibits related to a special event, fund raisine; sales
and similar gatherings. block Darties. mand opening promotions.
SECTION 4. It is the intention of the City Council and it is hereby ordained that the provisions of
this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens,
Florida., and that Sections of this Ordinance may be renumbered or relettered and the word
“Ordinance” may be changed to “Section”, “Article” or such other word or phrase in order to
accomplish such intention.
8
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Date prepared: December 20.2002
Ordinance 49,2002
SECTION 5. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to
the extent of such conflict.
SECTION 6. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of this
Ordinance than can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 7. This Ordinance shall become effective on the day of adoption.
[This space intentionally left blank]
_.... - - . ... -- .. . . .- . . .. .....
PASSED, FIRST READING
PASSED, SECOND READING
PASSED, ADOPTED AND APPROVED
PATRICa SNIQER, CITY CLkRK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Date Prepared: Dccrmbcr 20,2002
Ordinance 49,2002
this !qw dayof &&am ,2002.
this /6* dayof dbdt3-u~ ,2003.
this /bnc dayof % JdrLy ,2003. U
I HEREBY CERTIFY that I have
approved this ORDINANCE
as to form.
CITY ATTORNEY
AYE NAY ABSENT
/ ---
lo
Date Prepared: September 25, 2008
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RESOLUTION 92,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A FOURTH SPECIAL
EVENT APPLICATION AT NUTRITION S’MART FOR A CUSTOMER
APPRECIATION DAY TO BE HELD ON SATURDAY, NOVEMBER,
15,2008, FROM 11:OO AM UNTIL 3:OO PM, GENERALLY LOCATED
ON THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD
AND KEATING DRIVE; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, on January 16, 2003, the City Council approved Ordinance 49,
2002, which amended Section 78-1 87 of the City Code, entitled “Special Events.” The
amendment repealed Section 78-1 87, “Special Events,” of Chapter 78, “Land
Development Regulations,” adopted a new Section 78-1 87, and amended Article VIII,
Section 78-751, “Definitions”; and
WHEREAS, the number of special events per tenant are limited to three per
year; and
WHEREAS, David Hirth, Applicant and general manager for Nutrition S’Mart,
submitted an application seeking the approval of a fourth special event, located at the
northeast corner of Northlake Boulevard and Keating Drive; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is sufficient; and
WHEREAS, the City Council has deemed approval 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 hereby approves the fourth special event for
Nutrition S’Mart, located at the northeast corner of Northlake Boulevard and Keating
Drive.
SECTION 3. This approval shall be consistent with plans/documents filed with
the City’s Growth Management Department as follows:
1. Special Event Application, 16 pages total.
2. Special Events Sign-off Report, 1 page total.
Date Prepared: September 25,2008
Resolution 92, 2008
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SECTION 4. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant's agents at any workshop or public
hearing.
SECTION 5. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S U FFlCl ENCY
BY: R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
MAY OR JABLl N ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COU NC ILMEMBER BARN ETT
COUNCILMEMBER PREMUROSO - -
-
---
G:\attorney-~hare\RESOLUTlONS\2008Lpecial event permit-nutrition smart - reso 92 2008.doc
2
Palm Beach Gardens Gnnvth Management Department
10500 North Militafy Trail, Palm Beach Gardens, FL 33410
561-799-4230
Special Event Permit Application
Palm Beach Gardens, Florida
Growth Management Department
PLANNING AND ZONING DIVISION
SPECIAL EVENT PERMIT APPLICATION
This application form identifies the minimum documents and information required to
initiate the review of a special event permit. The applicant is cautioned to follow
instructions carefully and note the necessary attachments that are required to be
included with this application. .
Section 78- 187, Land Development Regulations (LDR) regulates special events. A
special event is defined as a temporary meeting, activity, gathering, or group of
persons, animals, or vehicles, or a combination thereof, having a common purpose,
design or goal upon any public or private facility, street, sidewalk, alley, park, public
or private area or building where the special event substantially inhibits the usual
flow of pedestrian or vehicular trafic, and is not the type approved for, or customarily
associated with, the site upon which the event is located, and is not a normal
business sale event or similar activifv for commercial and/or ofice establishments.
A special event shall include, but not be limited to city sponsored event, fund raising
sales and similar gatherings, block parties, grand opening promotions.
A special event shall not exceed seven (7) consecutive days. The Growth
Management Director may authorize one (1) administrative time extension of up to
three (3) days based on a justification statement provided by the applicant that
illustrates good cause and public interest of the city. Any event more than ten (10)
consecutive days shall be approved by the City Council. Pumpkin sales and
Christmas tree sales shall not exceed thirty (30) consecutive days. Furthermore, the
following special event occurrence shall apply:
o No more than three (3) special events per calendar year shall be held by any
applicant at one (1) location, unless othewise approved by the City Council
following a recommendation by the Growth Management Director.
o Tenants located in commerciaVoffice plazas are permitted up to three (3)
special events per tenant each calendar year. However, this number of
permitted special events shall exclusively apply to each tenant, and cannot be
transferred to another tenant or party.
Special Event Permit Application
o No events shall occur consecutively, except for those with City Council
approval, and if approved shall require a separate permit and fee for each
event.
o Sub-tenants within commerciaVoffice plazas are not permitted any special
events .
o Commercial /office plazas with ten (IO) tenants or less shall be limited to a
maximum of five (5) events per calendar year. CornmerciaVoffice plazas with
eleven (11) or more tenants are permitted ten (IO) special events per
calendar year.
o Anchor tenants are permitted three (3) events per calendar year exclusive of
the limitation above.
o No more than two (2) special events at any given time may occur
simultaneously at any commerciaVoffice plaza. Special event applications will
be reviewed and approved by the City on a first-come, first-serve basis.
The application submittal deadlines are as follows. A complete application, all
supplemental materials, and a non-refundable special events application fee in the
amount of $160.00 in the form of a check payable to the City of Palm Beach
Gardens shall be submitted to: City of Palm Beach Gardens Growth
Management Department, Planning and Zoning Division, 10500 North Military
Trail, Palm Beach Gardens, Florida 33410
aampte& Non-profit organizations and religious institutions are exempt from the
above subject fee. -
Less than or equal to 1,000 persons
1,001 to 5,000 persons
5,001 to 50,000 persons
More than 50,000 persons
one (1) month
two (2) months
four (4) months
six (6) months
(type the information or print in legibl, dark ink).
Name of Special Event CU SrtoMER kPPWP,PT@/J bJ
Property Owner Fw u)1w
Address
Special Event Permit Application Page 2
Estimated Number of Participants 2m- 3m
Dates and Times of Event
Date
Event Day 1 rl -ls-og
Event Day 2
Event Day 3
Event Day 4
Event Day 5
Event Day 6
Event Day 7
Day Begin Time
smflhf 1\!m D(]AM [ ]PM
AM
AM
AM
PM
PM
PM
PM
PM
PM
Organization(s) Producing Event
Address Address
Statelzip S ta te/Zi p
Telephone Telephone
Alt. Telephone Alt. Telephone
Email Email
Special Event Permit Application Page 3
Individual(s) Responsible
Telephone '% f - b"i-064
Alt. Telephone
Name
Address
S ta telZi p
Telephone
AN. Telephone
Email \&IKT# @MKlZl~RT. Email
Non-Profit, Private or Commercial Enterprises (if applicable)
Corporation Name
Tax Exempt Number
Date of Incorporation
(attach articles of incorporation)
Attached the following information in this order to expedite approval.
a Authorization of Propertv Owner - notarized evidence from the property
owner(s) authorizing use of the site for the special event.
Statement of Special Event Description Purpose and Use - the statement
shall describe how the proposed event meets the definition of a special
event as defined in Section 78-187, LDR and as stated on the front page
of this application. Furthermore, describe the purpose for the special
event and its uses, including, but not limited to sponsor(s), vendor(s),
band(s), and/or other musical operations, planned activities, duration of
event, location, hours of operation, anticipated attendance, temporary
lighting to be provided on-site, security, utilities, the use of generators, etc.
Has this event occurred in the City of Palm Beach
Yes 0 NO If Yes, Provide Date(s)
Special Event Permit Application Page 4
Has the site of the event had a special event this calendar yea0
Yes NO If Yes, Provide Date@)
If yes, how many times this calendar year 3v - &I d bY
Does the event require the use of electricity? Yes
+k €wJ-
No - hm(S; &‘
Will there be any vendors or concession sales?n Yes No
Will alcoholic beverages be served? Yes NO
Will food service be provided? %kw Nk . Yes 0 No
Will there be a parade? Yes No
Will your event require road closure? Yes NO
If yes, describe the requested street segment closure and times
Will fire rescue services be required? Yes NO
Will police services be required? Yes No
Site Plan - a detailed site plan for the event, including, but not limited to
property boundaries, road access, location of trash receptacles, sanitary
facilities, tents or other structures, parking locations, offices, equipment,
vendors. Provide setbacks from property line for the various temporary
structures activities (signs, fences, tents, booths, etc.).
OccuDational License - applicants and participants (including vendors)
shall provide a copy of a valid Palm Beach Gardens occupational license.
Alcoholic Beverage License (if alcoholic beverages are to be served) -
applicants may provide alcoholic beverages in accordance with Chapter 6
of the City Code. Provide a copy of the permit issued by the Florida
Department of Beverages and Tobacco.
Food Service (if food service will be available at event) -the applicant
shall provide a complete list of food service vendors, their respective Palm
Beach County mobile occupational license permit (if applicable), Florida
State health certificates, and a list of the type of food service provided.
Special Event Permit Application Page 5
Parades (if applicable) -the following information is required to be
submitted.
J The exact location of any marshaling or staging areas;
J The time at which units of the parade will begin to arrive at the
staging areas and the times at which all such units will be
disbursed;
J The exact route to be traveled, including the starting point and
termination point;
J A statement as to whether the parade will occupy all or only a
portion of the width of the street, roadway, or sidewalk to be used;
and
J County or state roadway permits, where applicable
Police and Fire Rescue/Emergencv Medical Services - the Police and Fire
Departments will review the application and assess the need for police
and fire rescue services and/or emergency medical services. If such
services are required, the applicant will be informed of such and will take
responsibility for contacting the Police and Fire Departments directly. The
applicant is responsible for the cost of these services. The Police Chief
and Fire Chief or their designees have final authority on the need for fire
rescue and/or emergency medical service. The fees are as follows:
Police Services (hourlv rates, 3 hours minimum)
Officer $40.00
Supervisor* $45.00
If car needed $4.00
*required when six (6) or more p-rsonnel are needed
Personnel (nouriy raresj
Firefig hter/EMT $30.00
Fire Medic, Driver, Inspector $30.00
Officer/Supervisor* $40.00
*required when six (6) or more personnel are needed
tquipmenr (nouriy rates)
Fire Engine
Ladder Truck
Brush Truck
$75.00
$1 00.00
$45.00
Special Event Permit Application Page 6
Utility Truck $48.00
Rescue Truck $32.00
Specialty EMS Vehicle $25.00
Insurance -the operator of the special event shall provide evidence of
insurance acceptable to the city in an amount of at least $1,000,000.00,
and shall provide the City a certificate of insurance showing the city as an
additional insured. Events with an expected attendance over 10,000
people shall submit a certificate of insurance evidencing coverage of at
least $2,000,000, with the City named as an additional insured. The City
may require proof of additional insurance. Insurance shall not be
cancelled or re-issued without thirty (30) day written notice to the City.
Bond - (required if event is located on City property) a refundable security
bond, or similar financial pledge acceptable to the city is required to
assure that any damage is repaired and the premises returned to its
previous condition prior to the event, including the removal of any signs or
banners within two (2) calendar days of the event.
Indemnification - an indemnification agreement, including any and all such
claims, suits, actions, damage, or causes of action arising as a result of
the special event, or the condition of the site on which the special event is
held including any personal injury or loss of life, or damage to or loss of
property, and from and against any order, judgments, or decrees which
may be entered, and from and against any costs, attorney’s fees,
expenses or liabilities incurred in and about the defense or settlement of
any claims, and the investigation thereof. Please see Attachment A at the
end of this document.
Temporaw Sign Package (if temporary signage is proposed) - see specific
sign requirements below. Enclose a complete on-site and/or off-site sign
package. All on and off-site signage shall comply with the requirements
listed below.
On-Site Sianaae Reauirements
Only one (1) on-site sign per special event is permitted unless waived by
the Growth Management Director for good cause and the public interest of
the city.
Any on-site sign related to a special event shall be illustrated in a detailed
on-site sign plan, including, but not limited to proposed location, size, type,
copy area, graphics, and color, including the dates of installation and
removal of the sign for the event in accordance with Section 78-290, LDR - Temporary Signs. One (1) on-site sign is allowed (maximum size 16
square feet) and shall be installed no earlier than seven (7) days prior to
the event and shall be removed no later than one (1) day after the event.
Special Event Permit Application Page 7
Banner signs and flags proposed within the signage plan may be
approved per the discretion of the special events planner. No sign shall
be permitted in the safe site visibility triangles as described in Section 78-
31 5(j), LDR - Visibility Triangles.
Of-Site Sianage Requirements
Any off-site sign(s) including street banners, pole banners, flags, and
directional signs related to a special event shall be illustrated in a detailed
off-site sign plan that shall indicate on a site plan the location, copy area,
graphics, size, type, and colors of the sign(s) for the event. Such plan
shall be approved by the Growth Management Director.
Off-site signs shall not be permitted on private property. Off-site signs
located on public property or right-of-way other than city property shall be
submitted with the authorization of the applicable agency.
Off-site signs may be displayed no more than fourteen (14) calendar days
before the scheduled event and must be removed within two (2) calendar
days after the conclusion of the event. The Growth Management Director
may waive such time limitation to allow the applicant to erect off-site signs
prior to fourteen (14) calendar days to the scheduled event for good cause
and the public interest of the city.
No off-site signs shall be permitted in the safe site visibility triangles as
described in Section 78-31 S(j), LDR- Visibility Triangles.
Off-site signs related to a regional event outside the municipal boundaries
of the city shall be permitted at the discretion of the Growth Management
Director subject to the review and approval of an off-site sign plan
illustrating the number, copy area, location, and graphics of all signs
proposed. All signs located on public property or right-of-way other than
city property shall be submitted with the authorization of the applicable
agency.
Visibilitv Triangles
Intersection with public right-of-way. The area of property on both sides of
a driveway formed by the intersection of each side of the driveway and the
public right-of-way line for a distance of fifteen (15) feet in length and five
(5) feet in width along the public right-of-way. (See Figure A Below)
Special Event Permit Application Page 8
I.
Figure A
15’
Public R.0.W
15’
>r 9 .- ? b
Figure B II A 20, 2okVisibility Triangle
20’ 20’
Public R.0.W
Intersections of rights-of-way. The area of property located at a corner
formed by the intersection of two (2) or more public right-of-ways with two
(2) sides of the triangular area being twenty (20) feet in length along the
abutting public rights-of-way measured from their point of intersection and
the third side being a line connecting the ends of the other two lines .
(See Figure B above)
Other Materials/infonnation - list other information or materials to be
submitted as required by staff.
Special Event Permit Application Page 9
QUUl
T-894 P02/02 U-179
uyu~zuua ii:u~ rtu ~UIIDIU~UU ABL r IIW wilyr. UG arlK1'1'a
02-29-' 08 16: 07 FROM-nutr,, s'mnrt/palm b, 15616946612
.... .
11/29/2007 10: 66 FAX 4078570464 ABC FINE WINE & SPl,lUTs
I
i2.J 002
Eli the Stota Director.
If you have my questions please contact me at 561-6989
Have a.&ppy and. Heatthy Wday &ason
Thank you,
lMle affirm and certify that I/we understand and will comply with the land
development regulations and codes of the City of Palm Beach Gardens, Florida.
lMle further certify that the statements or diagrams made on any paper or plans
submitted herewith are true to the best of my/our knowledge and belief. Further,
I/we understand that this application, attachments and application filing fees become
part of the official records of the City of Palm Beach Gardens, Florida, and are not
J
ckQ&&&pJ 1
Applicant's sign&&
Printed name
Special Event Permit Application Page 10
NOTARY ACKNOWLEDGEMENT
STATE OF Fbad&
COUNTY OF
before me this
. He or she is c of
State of eat-large My Commission expires:
If you have any question or comment regarding this application, please contact staff
at (561) 799-4250. We appreciate suggestions that may improve this application
form as well as our services.
Special Event Permit Application Page 11
Attachment A
INDEMIFICATION AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into by and between
(“Applicant”), and the City of Palm Beach Gardens
(“City”) on the date on which the last of the Parties executes this Agreement.
RECITALS
WHEREAS, the Applicant has submitted a Special Event Permit Application to the City for
Nurn1-b OLI S‘M&RT
~~-CIkVOp.l .Dfd at (location) 41 .(L - fi
on (date(s)) i!; \cr-oy . (“Special Event”); and
WHEREAS, pursuant to Section 78-1 87 of the City’s Code and the City’s Special Event Regulations, the
Applicant must execute an indemnification and hold harmless agreement protecting the City from any and
all claims which may arise out of the Special Event.
NOW, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein,
and other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties
hereby agree as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
The above recitals are true and correct.
Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees,
successors and assigns, harmless from and against any and all such claims, suits, actions,
damages, or causes of action arising as a result of the Special Event, or of the condition of the site
on which the Special Event is held including any personal injury or loss of life, or damage to or
loss of property, and from and against any costs, attorney’s fees, expenses or liabilities incurred in
and about the defense or settlement of any claims, and the investigation thereof.
Modification. This Agreement shall not be modified or amended except by an instrument in
writing signed by or on behalf of each of the parties.
Amlicable Law. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement
will be held in Palm Beach County, Florida.
Countemarts. This Agreement may be executed in two or more counterparts, each of which shall
be deemed to be an original, and all of which counterparts together shall constitute but one and
the same instrument.
Parties Bound. All of the terms, covenants and conditions of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives,
successors and assigns.
Attornev’s Fees. In the event of any litigation, including appellate proceedings, arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs
from the non-prevailing party.
Severability. Each provision of this Agreement is severable from any and all other provisions of
this Agreement. Should any provision of this Agreement be for any reason unenforceable, the
balance shall nonetheless remain in and be of full force and effect, but without giving effect to
such provision.
No Waiver. Neither the failure of either party to exercise any power given such party hereunder
or to insist upon strict compliance by the other party with its obligations hereunder, nor any
custom or practice of the parties at variance with the terms hereof shall constitute a waiver of
either party’s right to demand exact compliance with the terms hereof.
IN WITNESS-WHEREOF, each of the parties hereto has caused this Agreement to be executed and
sealed by its duly authorized signatory(ies) on the date set forth below.
Special Event Permit Application Page 12
SIGN MEASUREMENTS:
5 feet wide x 3.2 feet high
TO BE DISPLAYED:
The below sign will be put up 7 days prior to the event
and removed at the end of the event day. The sign will
be displayed 15 feet away from the roadside and will not
be located in the safe site visibility triangle.
Black & white version
Kid’s Entertainment e- -d
@ Tasting Fair
Cooking Class
Prize Drawings
Color Version
e Tasting Fair
0 Cooking Class Prize Drawings
’
8 f
NUTPITION S'MART
TENANT SPACE
74.53' J' I
I
I
I I
I I
I
I
I
I
I
I
I
I
f
I
P. 0. Box 1927
Pompano Beach FL 33061
Nutrition Slmart, DBA: Nutrition Q'mart of
4155 B Northlake Blvd
INSURED
INSURER D: I
TH INSURANCE AFFORDED BY THE PO
YYTF 1 h!IELWowN MAY HAW BFJ A
INS1 --"
-
A
XES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
BEP"CFD BY PAID AIMS.
B -
(561) 694-6612 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF PALM BEACH GARDENS EXPIRATION DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL
ATTN: HEATHER GRAEVE 10 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
10500 N MILITARY TRAIL
PALM BEACH GARDENS, FL 33410
AUTHORIZED REPRESENTATIVE
Frank Furman, Jr/JL f-ff f-- *-----* - ~ 9-
TYPE OF INSURANCE
GENERAL LIABILITY
GENERAL LlABlLlTI
CLAMSMADE OCCU
GENL AGGREGATE LIMIT APPLIES PEI
PRO-
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
ANY AUTO
EXCESSlUMBRELLA LIABILITY
OCCUR CIAlMSMADl
DEDUCTIBLE L
WORKERS COMPENBATlON AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNEREXECUTWE
OFFICERNEMBER EXCLUDED?
If yes. describe under
OTHER
POLICY NUMBER
CPPOOO65763
CA000777 63
UMBO0045043
8/22/2008 8/22/2009
8/22/2008 8/22/2009
8/22/2008 8/22/2009
-t-
FACH OCCURRFNCE I$ 1,ooo,ooc
DAMAGE TO RENTED 100, ooc
COMBINED SINGLE LIMIT 1, , 0 0 c
(Ea accident)
BODILY INJURY
(Per Derson)
BODILY INJURY
(Per accident)
~
PROPERTY DAMAGE
-
DE
RE: NOAH'S ARK - PETTINQ ZOO AT PALM BEACH GARDENS STORE. CERTIFICATE HOLDER IS ADDITIONAL INSURED ON QENERAL
LIABILILTY FOR ONGOING OPERATIONS PER FORM # CQ2028 (0704) ON POLICY.
RIPTION OF OPERATIONSnOCATIONSNEHICLESIU(CLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS
,
PALM BEACH GARDENS
A Signature City
Begin Date:
End Date:
Special Events Sign Off Report
Permit #: SPEV-OS-09~000206
Fees Paid $600.00
Special Event: Nutrition S'Mart Customer appreciation day 11/15/08 from 1l:OOam to 3:OOpm - This event is the forth this year and requires City Council approval.
Special Events Planner: 14 /!~n -QI -H& rL4wn 9/w&T Date
APPROVALS
PARKS
RECREATION
BUILDING DIVISION
Approved by MIKE KELLY 09/22/2008
Approved by CHARLOTTE PRESENSKY 09/22/2008
Approved by DOUG WISE 09/22/2008
FIRE/RESCUE DIVISION Approved by SCOTT FETTERMAN 09/22/2008
POLICE DEPARTMENT Approved by JACK SCHNUR 09/22/2008
RISK MANAGEMENT
CODE ENFORCEMENT
PUBLIC WORKS
Approved by MARY ANDERSON 09/24/2008
Approved by DAVID REYES 09/22/2008
Approved by MICHAEL MORROW 09/22/2008
CONDITIONS:
GROWTH MANAGEMENT ADMIN:
Kara L. Irwin, AICP Date
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 25,2008
Meeting Date: October 16,2008
Resolution 94,2008
Subject / Agenda Item:
Resolution 94,2008: Downtown at the Gardens - Special Event Application
Consideration of Approval: A request by Pam Kluge, applicant and Director of Mall Marketing
and Business Development for Downtown at the Gardens, for approval by City Council to hold a
special event on November 13,2008 from 6:OOpm to 8:OOpm. The proposed special event will be
a kick-off party for the American Cancer Society’s Relay for Life held at the center court of
Downtown at the Gardens at 1 170 1 Lake Victoria Drive.
[ X ] Recommendation to APPROVE with conditions
1 ] Recommendation to DENY
Reviewed by:
Development Compliance
- nla
Bahareh K. Wolfs, AICP
Originating Dept.:
Growth Management:
Manager
Project
Allyson Maiwurm
Resource Manager
[ ] Quasi - Judicial
[ ] Legislative
[ ] PublicHearing
Advertised:
Date:
Paper:
[XI Not Required
4
Affected parties:
[ ]Notified
[XI Not Required
FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ 3 Operating
[XI Other NA
Budget Acct.#:
City Council Action:
[ 3 Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
0 Resolution 94,2008
0 Special Event
Application
0 Narrative and site
plan, 9/25/08
0 Special Event Sign-
off Report
0 Ordinance 49,2002
Date prepared: September 25,2008
Meeting Date: October 16,2008
Resolution 94,2008
EXECUTIVE SUMMARY
A request by Pam Kluge, applicant and Director of Mall and Business Development for
Downtown at the Gardens, for approval by City Council to hold a special event. The proposed
special event will be a Kick-off Party for the American Cancer Society’s Relay for Life held at
the Center Court of Downtown at the Gardens at 11701 Lake Victoria Drive on Thursday,
November 13,2008, from 6:OOpm to 8:OOpm.
SPECIAL EVENT BACKGROUND
On January 16, 2003, the City Council approved Ordinance 49, 2002, which amended Section
78-1 87 of the City Code, entitled “Special Events.” The amendment repealed Section 78-1 87,
“Special Events,” of Chapter 78, “Land Development Regulations,” and adopted a new section
78-187, and amended Article VI11 Section 78-751, “Definitions.” This ordinance provides for an
approval mechanism for any person, firm, group, corporation or institution wishing to promote,
organize, control, manage, solicit, or induce participation in a special event, through a special
event permit.
SPECIAL EVENTS
The applicant has reached their maximum number of events prior to approval by City Council,
which is a total of three event per year, and is requesting approval for another special event to
take place on November 13,2008.
Per Section 78- 187(d)(3)(a) of the Land Development Regulations, “Number per year,” no more
than three special events every calendar year shall be held by any applicant at one location,
unless otherwise approved by the city council following a recommendation by the growth
management director.
Per Section 78-1 87(d)(3)(c) of the Land Development Regulations, “Number per year,” tenants
located in commercial/office plazas, are permitted three special events per tenant each calendar
year; however, this number of permitted special events shall exclusively apply to each tenant,
and cannot be transferred to another tenant or property and shall be a maximum of 10 events per
year unless otherwise approved by City Council.
Per section 78- 187 (b)(2) of the Land Development Regulations, “Site Plan,” a detailed site plan
for the event is required.
Braman Motorcars would like to support the American Cancer Society’s Relay for Life by
donating money for every person that sits in one of their cars. The applicant is requesting
approval to place ten (10) Braman Motorcars on display the day of the event which would be
removed from the premises by opening of business the following day, November 14,2008
(please see site plan). The cars will be for display only, although they will have information
about the car with prices in the window, but they will not be for sale.
2
Date Prepared: September 25,2008
Meeting Date: October 16,2008
Resolution 94,2008
SPECIAL EVENT COMMITTEE
The Special Event Committee has reviewed the special event application and has no foreseeable
problems ador concerns with the requested event at this time.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 94,2008.
3
Date Prepared December 20,2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 49,2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE CITY CODE OF ORDINANCES BY
CHAPTER 78, “LAND DEVELOPMENT,” AND ADOPTING A
REPEALING SECTION 78-187, “SPECIAL EVENTS,” OF
NEW SECTION 78-187, AND AMENDING ARTICLE VIII,
SECTION 78-751, “DEFINITIONS”; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, City staff has initiated an amendment (Petition LDR-02-07) to the City’s Land
Development Regulations amending Chapter 78, “Land Development,” Section 78- 1 87, “Special
Events”; and
WHEREAS, on November 26,2002, the Planning and Zoning Commission, the duly constituted
Land Development Regulations Commission for the City, conducted a public hearing and
recommended approval and adoption of the subject amendments to the City’s Land Development
Regulations; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest
of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. The City Council hereby repeals Section 78- 187, “Special Events” of Chapter 78,
“Land Development of City Code of Ordinances,” and adopts a new section 78-187 to read as
follows:
Sec. 78-187. Special events
la) Permit reauired for sDecial event. No person. firm, OUR, comoration or institution shall
particinate in. advertise for or in any way promote. orvanize. control. manage, solicit. or induce
participation in a snecial event, as defined in Section 78-751. unless a special event permit has first
been obtained fiom the city as provided herein. No Demon. fm, ~OUD. or comoration shall violate
any terms of a special event permit issued under this article. nor in any manner interfere with the
Date Repiucd: December 20.2002
Ordinance 49,2002
promess or orderly conduct of a special event.
Any person. firm. group, corporation or institution seekinn to conduct a mecial event in the city shall
file a complete application for a special event permit with the special events planner as designated by
the prowth management director on forms provided by the city. Unless waived by the growth
management director for good cause and for the public interest of the city. a complete application for
a sDecial event permit shall be filed on or before the following deadlines prior to the event to allow
sufficient time for the review txocess:
Expected attendance: Minimum advance time rewired to file:
Less than, or eaual to. 1.000 persons
1.001 to 5.000 persons
5.001 to 50,000 persons
More than 50,000 persons
one month
two months
four months
six months
The applicant shall provide all information solicited on the mecial event permit application form,
unless waived by the special events planner. upon finding that such information is not necessary.
(b) Permit Reauirements
(1) Authority. Notarized evidence the property owner/mana&n avent authorizes the use o
the site for the special event reflected on the mecial event permit auulication.
(2) Site plan. A detailed site plan for the event, including but not limited to. property
boundaries; road access: location of trash receptacles, sanitary facilities. tents or other
structures; location of rides if applicable: location of parking: location of temporary
dwellings. offices, and eauipment; and proposed setbacks of activities. fences. tents,
booths. etc. from adiacent properties.
(3) Statement of use. A detailed statement of use, including but not limited to sDonsor(s),
vendords). bandfs) andor other musical o~erations, planned activities. duration of event,
hours of operation, anticipated attendance, temporary lighting to be provided on-site,
security, utilities. and use of generators.
(4) Simage: Signs are permitted only if related to a special event.
a. On-site signs :
(1) Only one (1) on-site sign Der special event is Demitted unless waived by the nrowth
management director for good cause and the public interest of the city.
(2) Any on-site sign related to a special event shall be illustrated in a detailed on-site sign
plan, including. but not limited to the proposed location, size. me, CODY area. p~hic~,
2
Date Prepared: December 20,2002
ordinance 49,2002
and color. includiny the dates of installation and removal of the sign for with the event in
accordance with section 78-290: Temporarv signs.
(3) Banner signs and flags Proposed within the simage ~lan may be amroved ~er the
discretion of the sDecial events planner. No sims shall be Dermitted in the safe site
visibility triangles as described in section 78-3 15 (i): Visibility triangles.
(b) off*site sims:
(1) Any off-site sinn(s) including street banners, Dole banners, flags, directional signs related
to a sDecial event shall be illustrated in a detailed off-site sign plan that shall indicate on
a site plan the location. CODY area, graphics. size, twe. and colors of the signk) for the
event. Such plan shall be submitted with the suecial event Dermit, and amroved bv the
growth management director.
(2) Off-site signs shall not be Dermitted on Drivate oroDertv. Off-site signs located on uublic
proDerty or rinht-of-wav other than city Dromrty shall be submitted with the authorization
of the amlicable agency.
(3) Off-site sips may be dimlaved no more than fourteen (14) calendar daw before the
scheduled event and must be removed within two (2) calendar days after the conclusion
of the event. The mwth management director may waive such time limitation to allow
the amlicant to erect off-site signs Drior to fourteen (14) calendar days to the scheduled
event for good cause and the public interest of the city.
(4) No off-site signs shall be Dermitted in the safe site visibility triangles as described in
section 78-3 15 (i): Visibility triangles.
(5) Off-site sim related to a regional event outside the municipal boundaries of the city
shall be txrmitted at the discretion of the mwth management director subiect to the
review and amroval of an off-site sian ~lan illustrating the number. CODY area. location,
and grarihics of all sims DroDosed. All signs located on uublic promtv or ripht-of-way
other than city DroDertv shall be submitted with the authorization of the applicable
agency.
(5) Food service. If food service will be available at the event. the amlicant shall Drovide a
comDlete list of food service vendors, their resDective Palm Beach County mobile
occuDational license Demit if adicable. Florida State health certificates, and a list of the
tvDe of food service DroDosed.
Date prcpyed: December 20,2002
Ordinance 49,2002
(6) Alcohol. Amlicants may Drovide alcoholic beverages in accordance with chapter 6 of the city
code: Alcoholic beverages. provided that a copy of the permit issued fiom the Florida
Dmartment of Beverages and Tobacco is attached to the sDecial event permit amlication.
(7) Insurance. The oDerator of an event shall Drovide evidence of insurance acceptable to the city
in an amount of at least $1,000.000.00, and shall provide the citv with a certificate of
insurance showing the city as additional insured. Events with an exuected attendance over
10,000 DeoDle shall submit a certificate of insurance evidencing coverage of at least
$2.000,000.00, with the citv named as an additional insured. Proof of additional insurance
may be reauired by the citv. Insurance shall not be cancelled or re-issued without a 30-day
written notice to the city.
(8) Bond. A refundable security bond, or similar financial Dledge acceptable to the city, will be
reuuired. at the discretion of the special events Dlanner. to ensure that any damaEe is repaired
and the ‘Dremises returned to its Drevious condition Drior to the event, includinp the removal
of any sim or banners within two (2) calendar daw of the event.
J9) Indemnification. The audicant shall submit an indemnification agreement. as approved by the
risk manaFer and the city attorney. including any and all such claims. suits, actions, damages,
or causes of action arising as a result of the soecial event, or of the condition of the Dremises
on which the mecial event is held including any Dersonal iniy or loss of life, or damage to
or loss of orooertv. and fiom and against any order. iudments. or decrees which may be
entered, and fkom and against any costs. attorneys’ fees, exDenses and liabilities incurred in
and about the defense or settlement of any claims, and the investigation thereof.
(10) Other materials. Other materials and documentation as may be reauired by the growth
management director.
(c) Review:
(1) At the discretion of the mecia1 events planner. special events permits maybe reviewed by the
DeveloDment Review Committee (DRC) in accordance with section 78-46 (dl): ADDlication
procedures.
(2) All city-sDonsored events shall be reviewed by the community services administrator. excat
for those events that are two (2) consecutive days in length. andor have an exDected
attendance of 500 Deoole or more, in which case, shall be subiect to a special event Dermit
review.
/d) General Standards:
J1) Location. Suecial events may occur only on DroDerties uossessinn the following non-
residential zoninrr district desimations: CN. CG-1, CG-2, CR. PA. M-1. M-1 A, M-2. PCD,
4
. ,-. ... .. - . . .. . - . _- ._ .
Date Prepared: Dcccrnba 20,2002
Ordinance 49,2002
PDA, PO. and MXD. In residential zoning districts. or residential portions of PUDs. PCDs,
or MXDs, mecia1 events may occur on Dublic or private schools. churches and houses of
worship. public parks, and public or private uropertv.
(21 Duration. A special event shall not exceed seven (7) consecutive davs. The growth
management director may authorize one (1) administrative time extension of up to three (3)
days for good cause and for the public interest of the citv. Any event more than ten (10) davs
in lend must be submitted to the city council for auproval. Pumukin sales and Christmas
tree sales shall not exceed thirtv (30) davs.
(3 ) Number per vear.
a. No more than three (3) mecial events every calendar year shall be held bv any applicant
at one location. unless otherwise amroved bv the citv council following a
recommendation by the growth management director.
b. No events shall occur consecutively. except for those with city council apr,xoval, and if
amroved shall reauire a separate permit and fee for each event.
c. Tenants located in cornmerciaVoffice plazas, are permitted three (3) special events Der
tenant each calendar year; however. this number of Demitted special events shall
exclusivelv amly to each tenant, and cannot be transferred to another tenant or DW.
d. Sub-tenants within commercial/office plazas are not permitted any special events.
e. CommerciaVoffice plazas with ten (1 0) tenants or less shall be limited to a maximum of
five (5) events per calendar year. CommerciaVoffice plazas with eleven (1 1) tenants or
more are permitted ten (1 0) special events Der calendar year.
f. Anchor tenants are each permitted three (3) events Der calendar year exclusive of the
limitation in subsection e. above.
JZ. No more than two (2) mecial events at any given time may occur simultaneouslv at any
commercial/office plaza. Special event auulications will be reviewed and amroved by
the City on a first-come. first-serve basis.
h. City-sponsored and citv co-suonsored events are hereby exempt fiom the limitation on
the number of events ~er year.
(4) Access. With the exception of block parties. all efforts shall be made to provide vehicular
access from a collector or arterial roadway.
[SI Traffic control. Use of citv Dolice or acceutable alternative to direct and control traffic may
be required.
5
. . .. . . __ . . .. .
I
Date Prepared: Dcccmbcr 20.2002
Ordinance 49,2002
L6) Sanitation. Plans for sanitation including temporary bathroom facilities. inspection of food
facilities. drainage. parbage and litter control. and recvclinp shall be aDuroved bv the mwth
manapement director.
(7) Comuliance. If a violation occurs at an event Dermitted by the city, the mwth
management director may deny permits to the operator for future temporary events for a
period of no more than eighteen (1 8) months.
le) Denial of suecial event Dermit. A special event Dermit shall be denied under the following
conditions:
(1) The application is not complete in all material respects accurate within the knowledge of the
special events planner. The special events planner may allow for any additional materials to
be submitted within seven (7) days of notification by the special events planner.
(2) All of the conditions set forth in section 78-1 87 and all contractual requirements imDosed by
the citv. if any. have not been met.
(3) The special event will interfere with or unduly burden municiDal services including but not
limited to police. fire. and emergency medical protection, water and sanitary sewer service
and solid waste removal.
(4) The public benefit has not been demonstrated.
(5) The permit fee has not been paid.
. (0 Conditions for granting a svecial event pennit. 41 special event permit applications approved
pursuant to this article shall be subject to the followinn conditions:
(1) The Dublic areas utilized shall be cleaned within two (2) calendar daw up following any
wecia1 event. and in all resDects restored to its former condition.
(2) All city ordinances. rules or regulations amlicable to the special event shall be observed
unless indicated in such section or waived bv the mwth management director for good cause
and the Dublic interest of the city.
(3) The mecial event Ddt may be revoked by the city if anv conditions listed in 09 arise
anvtime after the issuance of the Demit and Drior to or during the mecial event.
ExernDtion of uublic ripht-ofiwav closures. Any sDecial event or block party that is
temporarily blocking off. fencing. or in any way appropriating any Dubliclv dedicated street,
sidewalk. or alley within the city for a wecial event or block ~artv is hereby exemDt fiom section
6
. . . __ .. . .. . . . . .
Date Prepad: December 20,2002
Ordinance 49.2002
62-2 of the city code of ordinances: however. such permit apdication shall be subiect to review in
accordance with section 78-187 (d). Closure of any public right-of-way not within the City’s
jurisdiction shall require aDoroval from the appropriate authority. A ‘block ~artv ’ is defined in
Section 78-75 1: a maioritv of residents must consent to closure, and the event must be monsored
solely by such residents and not be for any commercial or for-profit Dumose.
(h) Sveciul event contract and city service fees. The city may require. as a condition of a special
event permit. that the amlicant enter into a contract with the city relative to the duties and
responsibilities of the permit holder as a condition of the special event. By such contract, the city
shall reuuire that the amlicant Day to the city the municipal costs in providing services in support of
the mecia1 event. The city may require that the amlicant Day to the city a user fee for the use of
public DroDertv.
(i) Police services. The Dolice dmartment shall review the permit aDplication and assess the
need for Dolice services. If police services are reuuired, the amlicant will be informed of such and
will take the resDonsibilitv for contacting the Dolice dmarhnent directly. The amlicant is resDonsible
for the cost of these services. The police chief or hisher designee is the final authority on the need
for Dolice service. including the number of officers reauired and the hours assigned.
(i) Fire rescue services/emergency medical services. The fire rescue dmartment shall review the
permit amlication and assess the need for fire rescue services andor emergency medical services. If
such services are reauired, the amlicant will be informed of such and will take resDonsibilitv for
contacting the fire rescue department directly. The amlicant is remonsible for the cost of such
services. The fire chief or hisher designee is the final authority on the need for fire rescue andor
emergency medical services.
(k) Communi& services. The community services dmartment shall review the permit and assess
the need for community services. If services of the dmartment are reauired, the aDplicant will be
informed of such. and will take the responsibility for contacting the community services department
directly. The amlicant is responsible for the cost of such services. The public works manager or
hidher desimee is the final authoritv on the need for public works services.
(11 Avveul of vermit upvlicution. The aDDlicant mav ameal. by written reauest, the denial of a
special event permit to the citv manager’s office or desienee within ten (10) daw of the nrowth
management director’s decision. The written reauest shall sDecificallv state what portion of the
denial is beinv aDDeakd. The city manager’s office shall have thirtv (30) days to make a decision
and to notifv the amlicant. The city shall reserve the right to charpe a non-refundable filing fee to
offset all. or a Dortion of, the costs involved in handling the ameal.
[m) Enforcement. Anv violations of any provision of this article shall be enforced by the code
enforcement sDecial master consistent with section 78-741 (b) of the municipal code.
7
. ... .- .
Date Repared: December 20,2002
Ordinance 49,2002
SECTION 3. The City Council hereby amends Section 78-751, “Tlefinitions,” of the Land
Development Regulations of the City of Palm Beach Gardens, to read as follows (removed words are
shown as s&k&hw& , and added words are underlined):
Sec. 78-751. Definitions.
Anchor Tenant means the maior store or stores within a commercial and/or office ulaza.
morn
Block Par& means any temporarv gathering of one (1) street block other than arterial or collector
streets in a residential zoning district that is closed to through trfic.
...
CornrnerciaZ/%ce PZaza means a ~OUD of commercial and/or office uses planned and designed for
the site on which it is built, functioning as a unit. with off-street parking. landscaping areas. and
pedestrian features Drovided on the Drouerty as an internal a art of the unit.
Special Event means a temDorary meethe;. activity. gathering;, or IETOUD of uersons, animals, or
vehicles. or a combination thereof, having a common purpose. design or goal won any uublic or
private facility. street. sidewalk. alley, Dark, uublic or Drivate area or building where the special event
substantiallv inhibits the usual flow of uedestrian or vehicular traffic. and is not the twe aumoved
for. or customarily associated with, the site upon which the event is located, and is not a normal
business sale event or similar activity for commercial and/or office establishments. A special event
shall include. but not be limited to, city suonsored and co-suonsored events. festivals. carnivals,
concerts. Darades, walks, races. banner and sign exhibits related to a suecial event. fund raising sales
and similar gatherings. block uarties. md oDeningpromotions.
SECTION 4. It is the intention of the City Council and it is hereby ordained that the provisions of
this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, and that Sections of this Ordinance may be renumbered or relettered and the word
“Ordinance” may be changed to “Section”, “Article” or such other word or phrase in order to
accomplish such intention.
8
..
Date pnpared: December 20,2002
Ordinance 49.2002
SECTION 5. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to
the extent of such conflict.
SECTION 6. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of this
Ordinance than can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 7. This Ordinance shall become effective on the day of adoption.
[This space intentionally left blank]
PASSED, FIRST READING
PASSED, SECOND READING
PASSED, ADOPTED AND APPROVED
VICE MAYOR
.. -2 .c
- . I-' -' e.f -
PATRICIA SNIQER, CITY CL RK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
. . .. . -. . - . ._
Date P@: December 20,2002
Ordinance 49,2002
this !qw dayof &&VIM ,2002.
this /4* dayof dhJ&ry ,2003.
this /G* dayof % Jaw ,2003. U
I HEREBY CERTIFY that I have
approved this ORDINANCE
as to form.
7 LEONARD RUBIN CITY ATTORNEY \
AYE NAY ABSENT
a0 ---
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Date Prepared: September 25, 2008
RESOLUTION 94,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SPECIAL EVENT
APPLICATION FOR DOWNTOWN AT THE GARDENS TO BE HELD
THURSDAY, NOVEMBER 13, 2008, GENERALLY LOCATED ON THE
NORTH SIDE OF KYOTO GARDENS DRIVE, ONE MILE EAST OF
MILITARY TRAIL; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, on January 16, 2003, the City Council approved Ordinance 49, 2002,
which amended Section 78-1 87 of the City Code, entitled “Special Events.” The amendment
repealed Section 78-1 87, “Special Events,” of Chapter 78, “Land Development Regulations,”
adopted a new Section 78-187, and amended Article VIII, Section 78-751 , “Definitions”; and
WHEREAS, Pam Kluge, applicant for Downtown at the Gardens, submitted an
application seeking the approval of a special event for a Kick-Off Party for the American
Cancer Society’s Relay for Life on Thursday, November 13, 2008, located at center court
within Downtown at the Gardens; and
WHEREAS, the Growth Management Department has reviewed the application and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best
has determined that it is sufficient; and
interest of the citizens and residents of the City of Palm Beach Gardens.
PALM BEACH GARDENS, FLORIDA that:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed special event application
SECTION 3. This approval shall comply with the following additional conditions, which
1. The cars will only be displayed in the “center courtyard area of Downtown at the
Gardens.
2. The cars on display will not be for sale.
3. The City Manager may revoke this approval if parking or circulation problems
during any special event are observed.
SECTION 4. This approval shall be consistent with plans/documents filed with the
for the Kick-Off Party located within Downtown at the Gardens.
shall be binding upon the Applicant, its successors, assigns, and/or grantees:
City’s Growth Management Department as follows:
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Date Prepared: September 25, 2008
Resolution 94, 2008
I. Special Event Application, 18 pages total.
2. Site Plan, dated September 25, 2008 (narrative & master site plan), 2 pages total.
3. Special Event Sign-off Report, 1 page total.
SECTION 5. This approval expressly incorporates and is contingent upon 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.
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 S U FFlC I ENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO - - w
G:\attorney~share\RESOLUTlONSPOO8\DTAG special event app approval reso 94 2008.doc
2
Palm Beach Gardens Growth Management Department
105OO North Military Trail, Palm Beach Gardens, FL 334 10
561-799-4230
Special Event Pennit Application
Palm Beach Gardens, Florida
Growth Management Department
PLANNING AND ZONING DIVISION
SPECIAL EVENT PERMIT APPLICATION
This application form identifies the minimum documents and information required to
initiate the review of a special event permit. The applicant is cautioned to follow
instructions carefully and note the necessary attachments that are required to be
included with this application.
Section 78- 187, Land Development Regulations (LDR) regulates special events. A
special event is defined as a temporary meeting, activity, gathering, or group of
persons, animals, or vehicles, or a combination thereof, having a common purpose,
design or goal upon any public or private facility, street, sidewalk, alley, park, public
or private area or building where the special event substantially inhibits the usual
flow of pedestrian or vehicular trafic, and is not the type approved for, or customarily
associated with, the site upon which the event is located, and is not a normal
business sale event or similar activity for commercial and/or ofice establishments.
A special event shall include, but not be limited to city sponsored event, fund raising
sales and similar gatherings, block parties, grand opening promotions.
A special event shall not exceed seven (7) consecutive days. The Growth
Management Director may authorize one (1) administrative time extension of up to
three (3) days based on a justification statement provided by the applicant that
illustrates good cause and public interest of the city. Any event more than ten (IO)
consecutive days shall be approved by the City Council. Pumpkin sales and
Christmas tree sales shall not exceed thirty (30) consecutive days. Furthermore, the
following special event occurrence shall apply:
o No more than three (3) special events per calendar year shall be held by any
applicant at one (1) location, unless otherwise approved by the City Council
following a recommendation by the Growth Management Director.
o Tenants located in commercial/office plazas are permitted up to three (3)
special events per tenant each calendar year. However, this number of
permitted special events shall exclusively apply to each tenant, and cannot be
transferred to another tenant or party.
Special Event Permit Application Page 1
o No events shall occur consecutively, except for those with City Council
approval, and if approved shall require a separate permit and fee for each
event.
o Sub-tenants within commercial/office plazas are not permitted any special
events.
o Commercial /office plazas with ten (IO) tenants or less shall be limited to a
maximum of five (5) events per calendar year. Commercial/office plazas with
eleven (1 1) or more tenants are permitted ten (IO) special events per
calendar year.
o Anchor tenants are permitted three (3) events per calendar year exclusive of
the limitation above.
o No more than two (2) special events at any given time may occur
simultaneously at any commercialloffice plaza. Special event applications will
be reviewed and approved by the City on a first-come, first-serve basis.
The application submittal deadlines are as follows. A complete application, all
supplemental materials, and a non-refundable special events application fee in the
amount of $160.00 in the form of a check payable to the City of Palm Beach
Gardens shall be submitted to: City of Palm Beach Gardens Growth
Management Department, Planning and Zoning Division, 10500 North Military
Trail, Palm Beach Gardens, Florida 33410
aewpte& Non-profit organizations and religious institutions are exempt from the
above subject fee.
Less than or equal to 1,000 persons
1,001 to 5,000 persons
5,001 to 50,000 persons
More than 50,000 persons
(type the information or print in legible dark ink).
Name of Special Event
one (1) month
two (2) months
four (4) months
six (6) months
D-Ufik 'hA 10 I
I. I
Property Owner a9h-h rn
1(7(J1 Address f id1 [JkhkW.
Special Event Permit Application Page 2
Telephone and E-mail: 84- 51s 1137 I Quuc @ %%k*
7
A/ Applicant @- L7wm
Mailing Address &Q
Telephone and E-mail
AddresdLocation of Event
- SflN t
Estimated Number of Participants
Dates and Times of Event
Date Day Begin Time
Event Day 1 Il+Oh TJkrgb4 Lr IAM*lPM
Event Day 5 -[
Event Day 6 -[
Event Day 7 -[
Organization(s) Producing Event
PM
PM
PM
PM
PM
PM
AM
AM
AM
AM [ ]PM
AM [ ]PM
AM [ ]PM
1 PM
1 PM
1 PM
Name- @- G-CUik-3 Name
Address I7Li IC //I,
State/Zip Q&
Telephone 5-1 5-1 137 Telephone
Alt. Telephone Alt. Telephone
Email (;3\u Q @man '( 6
ukhf4 kitJ Address
S ta te/Zi p
Email w- r
Special Event Permit Application Page 3
Individual(s) Responsible
Name f /\+ -e Name
Address-C, ./ &5 ‘l?bd-- Address
State/Zip S ta te/Zi p
Telephone Telephone
Alt. Telephone Alt. Telephone
Email Email
Non-Profit, Private or Commercial Enterprises (if applicable)
Corporation Name hMfY I&r, v fli44J
Tax Exempt Number
Date of Incorporation
(attach articles of incorporation)
Attached the following information in this order to expedite approval.
n
Authorization of Property Owner - notarized evidence from the property
owner(s) authorizing use of the site for the special event.
Statement of SDecial Event DescriDtion PurDose and Use - the statement
shall describe how the proposed event meets the definition of a special
event as defined in Section 78-187, LDR and as stated on the front page
of this application. Furthermore, describe the purpose for the special
event and its uses, including, but not limited to sponsor(s), vendor(s),
band(s), and/or other musical operations, planned activities, duration of
event, location, hours of operation, anticipated attendance, temporary
lighting to be provided on-site, security, utilities, the use of generators, etc.
Has this event occurred in the City of Palm Beach Gardens before?
Yes 9 NO If Yes, Provide Date(s)
Special Event Permit Application Page 4
Has the site of the event had a special event this calendar year?
223 Q Yes NO If Yes, Provide Date(s) e3
If yes, how many times this calendar year L 3
Does the event require the use of electricity? Yes 0 NO
Will there be any vendors or concession sales?n Yes No
Will alcoholic beverages be served? M Yes NO
Will food service be provided? Yes 0 NO
Will there be a parade? 0 Yes No
Will your event require road closure? Yes
If yes, describe the requested street segment closure and times
w No
Will fire rescue services be required? Yes @ NO
Will police services be required? Yes o/ Site Plan - a detailed site plan for the event, including, but not limited to
property boundaries, road access, location of trash receptacles, sanitary
facilities, tents or other structures, parking locations, offices, equipment,
vendors. Provide setbacks from property line for the various temporary
structures activities (signs, fences, tents, booths, etc.).
OccuDational License - applicants and participants (including vendors)
shall provide a copy of a valid Palm Beach Gardens occupational license.
Alcoholic Beverage License (if alcoholic beverages are to be served) -
applicants may provide alcoholic beverages in accordance with Chapter 6
of the City Code. Provide a copy of the permit issued by the Florida
Department of Beverages and Tobacco.
Food Service (if food service will be available at event) - the applicant
shall provide a complete list of food service vendors, their respective Palm
Beach County mobile occupational license permit (if applicable), Florida
State health certificates, and a list of the type of food service provided.
4k No
d
0
0
Special Event Permit Application Page 5
Parades (if applicable) - the following information is required to be
submitted.
J The exact location of any marshaling or staging areas;
J The time at which units of the parade will begin to arrive at the
staging areas and the times at which all such units will be
disbursed;
J The exact route to be traveled, including the starting point and
termination point;
J A statement as to whether the parade will occupy all or only a
portion of the width of the street, roadway, or sidewalk to be used;
and
J County or state roadway permits, where applicable
0 Police and Fire RescuelEmergencv Medical Services - the Police and Fire
Departments will review the application and assess the need for police
and fire rescue services and/or emergency medical services. If such
services are required, the applicant will be informed of such and will take
responsibility for contacting the Police and Fire Departments directly. The
applicant is responsible for the cost of these services. The Police Chief
and Fire Chief or their designees have final authority on the need for fire
rescue and/or emergency medical service. The fees are as follows:
Police Services (hourlv rates. 3 hours minimum)
Officer $40.00
Supervisor* $45.00
If car needed $4.00
*required when six (6) or more personnel are needed
Personnel (nouriy rates)
Firefig hter/EMT $30.00
Fire Medic, Driver, Inspector $30.00
Off icer/Supervisor* $40.00
*required when six (6) or more personnel are needed
t q u i pmen t (nou riy rates)
Fire Engine
Ladder Truck
Brush Truck
$75.00
$100.00
$45.00
Special Event Permit Application Page 6
Utility Truck $48.00
Rescue Truck $32.00
Specialty EMS Vehicle $25.00
Insurance - the operator of the special event shall provide evidence of
insurance acceptable to the city in an amount of at least $1,000,000.00,
and shall provide the City a certificate of insurance showing the city as an
additional insured. Events with an expected attendance over 10,000
people shall submit a certificate of insurance evidencing coverage of at
least $2,000,000, with the City named as an additional insured. The City
may require proof of additional insurance. Insurance shall not be
cancelled or re-issued without thirty (30) day written notice to the City.
Bond - (required if event is located on City property) a refundable security
bond, or similar financial pledge acceptable to the city is required to
assure that any damage is repaired and the premises returned to its
previous condition prior to the event, including the removal of any signs or
banners within two (2) calendar days of the event.
Indemnification - an indemnification agreement, including any and all such
claims, suits, actions, damage, or causes of action arising as a result of
the special event, or the condition of the site on which the special event is
held including any personal injury or loss of life, or damage to or loss of
property, and from and against any order, judgments, or decrees which
may be entered, and from and against any costs, attorney’s fees,
expenses or liabilities incurred in and about the defense or settlement of
any claims, and the investigation thereof. Please see Attachment A at the
end of this document.
Temporaw Sicln Packane (if temporary signage is proposed) - see specific
sign requirements below. Enclose a complete on-site and/or off-site sign
package. All on and off-site signage shall comply with the requirements
listed below.
On-Site Sianaue Reauirements
Only one (1) on-site sign per special event is permitted unless waived by
the Growth Management Director for good cause and the public interest of
the city.
Any on-site sign related to a special event shall be illustrated in a detailed
on-site sign plan, including, but not limited to proposed location, size, type,
copy area, graphics, and color, including the dates of installation and
removal of the sign for the event in accordance with Section 78-290, LDR
- Temporary Signs. One (1) on-site sign is allowed (maximum size 16
square feet) and shall be installed no earlier than seven (7) days prior to
the event and shall be removed no later than one (1) day after the event.
Special Event Permit Application Page 7
Banner signs and flags proposed within the signage plan may be
approved per the discretion of the special events planner. No sign shall
be permitted in the safe site visibility triangles as described in Section 78-
31 5(j), LDR - Visibility Triangles.
Off-Site Sianaae Reauirements
Any off-site sign(s) including street banners, pole banners, flags, and
directional signs related to a special event shall be illustrated in a detailed
off-site sign plan that shall indicate on a site plan the location, copy area,
graphics, size, type, and colors of the sign(s) for the event. Such plan
shall be approved by the Growth Management Director.
Off-site signs shall not be permitted on private property. Off-site signs
located on public property or right-of-way other than city property shall be
submitted with the authorization of the applicable agency.
Off-site signs may be displayed no more than fourteen (14) calendar days
before the scheduled event and must be removed within two (2) calendar
days after the conclusion of the event. The Growth Management Director
may waive such time limitation to allow the applicant to erect off-site signs
prior to fourteen (14) calendar days to the scheduled event for good cause
and the public interest of the city.
No off-site signs shall be permitted in the safe site visibility triangles as
described in Section 78-31 5(j), LDR- Visibility Triangles.
Off-site signs related to a regional event outside the municipal boundaries
of the city shall be permitted at the discretion of the Growth Management
Director subject to the review and approval of an off-site sign plan
illustrating the number, copy area, location, and graphics of all signs
proposed. All signs located on public property or right-of-way other than
city property shall be submitted with the authorization of the applicable
agency.
Visibility Trianales
’ Intersection with public right-of-way. The area of property on both sides of
a driveway formed by the intersection of each side of the driveway and the
public right-of-way line for a distance of fifteen (1 5) feet in length and five
(5) feet in width along the public right-of-way. (See Figure A Below)
Special Event Permit Application Page 8
Figure A
15'
Public R.0.W
IS'
I I
Figure B
20' 20
20' 20'
Public R.0.W -1 f 5 =1
Intersections of rights-of-way. The area of property located at a corner
formed by the intersection of two (2) or more public right-of-ways with two
(2) sides of the triangular area being twenty (20) feet in length along the
abutting public rights-of-way measured from their point of intersection and
the third side being a line connecting the ends of the other two lines .
(See Figure B above)
Other Materials/information - list other information or materials to be
submitted as required by staff.
Special Event Permit Application Page 9
INVe affirm and certify that I/we understand and will comply with the land
development regulations and codes of the City of Palm Beach Gardens, Florida.
INVe further certify that the statements or diagrams made on any paper or plans
submitted herewith are true to the best of mylour knowledge and belief. Further,
I/we understand that this application, attachments and application filing fees become
part of the official records of the City of Palm Beach Gardens, Florida, and are not
Special Event Permit Application Page 10
NOTARY ACKNOWLEDGEMENT
STATE OF
COUNTY OF
I hereby certify that the foregoing instrument was acknowledged before me this - day
of 120-1 by . Heorsheis
personally kn’own
to me or has produced as identification.
Notary public signature
Printed name
State of at-large My Commission expires:
If you have any question or comment regarding this application, please contact staff
at (561) 799-4250. We appreciate suggestions that may improve this application
form as well as our services.
~
Special Event Permit Application Page 11
Attachment A
INDEMIFICATION AGREEMENT
(“Agreement”) is entered into by and between
(“Applicant”), and the City of Palm Beach Gardens
t of the Parties executes this Agreement.
RECITALS
ty’s Code and the City’s Special Event Regulations, the
Applicant must execute an indemnification and hold harmless agreement protecting the City from any and
all claims which may arise out of the Special Event.
NOW, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein,
and other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties
hereby agree as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
The above recitals are true and correct.
Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees,
successors and assigns, harmless from and against any and all such claims, suits, actions,
damages, or causes of action arising as a result of the Special Event, or of the condition of the site
on which the Special Event is held including any personal injury or loss of life, or damage to or
loss of property, and from and against any costs, attorney’s fees, expenses or liabilities incurred in
and about the defense or settlement of any claims, and the investigation thereof.
Modification. This Agreement shall not be modified or amended except by an instrument in
writing signed by or on behalf of each of the parties.
Amlicable Law. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement
will be held in Palm Beach County, Florida.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall
be deemed to be an original, and all of which counterparts together shall constitute but one and
the same instrument.
Parties Bound. All of the terms, covenants and conditions of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives,
successors and assigns.
Attomev’s Fees. In the event of any litigation, including appellate proceedings, arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs
from the non-prevailing party.
Severabilitv. Each provision of this Agreement is severable from any and all other provisions of
this Agreement. Should any provision of this Agreement be for any reason unenforceable, the
balance shall nonetheless remain in and be of full force and effect, but without giving effect to
such provision.
No Waiver. Neither the failure of either party to exercise any power given such party hereunder
or to insist upon strict compliance by the other party with its obligations hereunder, nor any
custom or practice of the parties at variance with the terms hereof shall constitute a waiver of
either party’s right to demand exact compliance with the terms hereof.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and
sealed by its duly authorized signatory(ies) on the date set forth below.
Special Event Permit Application Page 12
Signed, sealed and delivered
in the presence of: Qh
By:
(Signature)
Witness
Signed, sealed and delivered
in the presence of:
Witness
Witness
STATE OF
Date:
THE CITY OF PALM BEACH GARDENS
NOTARY ACKNOWLEDGEMENT
I here y cedi that the foregoin instrument was acknowledged before me this may
ofhf, 2OL&& @m b- fib-. Heor she is
personall nown
as identification.
state of Cfdd-at-large My Commission e
If you have any question or comment regarding this applicati
at (561) 799-4243. We appreciate suggestions that may improve this application
form as well as our services.
Special Event Permit Application Page 13
Downtown at the Gardens would like to have an event on November 13,2008. The event will take
place from 6:30 pm - 8:30pm. It will be called “A Taste of Downtown” This will be the kick-offpart
for the American Cancer Society’s Relay for Life. The American Cancer Society is a non-profit
organization. DATG restaurants will be serving samples of food. There will be NO alcohol at the
is event. This is a free event and we expect about 500 people. This will only be open for
Downtown at the Gardens restaurants to participate as foodldrink vendors. We will also have the
Benjamin Middle School Chorus perform. We will also have face painting and other activities for
children.
..
I Consumer’s Ceeificate of Exemption I
Issued Pursuant to Chapter 212, Florlda Statuter
DR-14
R. otm2
AMERICAN CANCER SOCIETY FLORIDA
DIVISION 1NC
3709 W JFTTON AVE
TAMPA FL 33629-6111
Is exempt from the payment of Flatida sale3 and use tax on real
personal property purchased or rented, or services purchased.
rented,
DA.14
R. 01m2
1.
2.
3.
4.
5.
8.
You must pdde all vendors and suppliers wilh an exernph certificate before mkhg tax-exempt purchases.
See Rule l2A-1.039, RorWa Admlntslrative Code (FAC).
Your Consumer’s Certificate ol’kkmplion is to be used sdely by your organization for your organization’s
customary nonprofit adivities.
Purchases made by an hdividual on behaH of the organization are taxablo, even if the individual will be
reimbursed by the organization.
9
8. Note: Churches
it & 8 CrimW offense to fraudulentfy present this certificate to evade the paymenr of sales lax. Under no
clramstances should-lt)h certificate be used fdt the persod benefit of any individual. Violators will be liable for payment of the sales tax pluB a penalty of 260% at@ tax, and may be Gubjed la cumviction of a third degree
feby. Any Vrolallon will n’ecessitate the revocdort of thfe
If you have questlomi regarding your exernpllon certificate, please anted the Exemption Unit of Central
Registration a1 850-487-4130. The mailing address 1s 5050 West Tennessee Street, Tabhassee,
FL 323994100.
,I I
SCO CA 94105 USA
HONE-(415) 486-7000 Fa- (415) 486-7029
INSURED
CA public Employees' Retirement System
Lincoln plaza East 400 "Q" street, Room 4800 Sacramento CA 95814 USA
INSURERS AFFORDING COVERAGE NAIC #
20281 INSURERA: Federal Insurance Company
,INSURERB: National union Fire Ins Co of Pittsburgh 19445
;
8 INSURER C
h INSURER D a
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
pd TYPE OF INSURANCE I POLICYNUMBER
74996085 WERAL LIABILITY A
COMMERCIAL GENERAL LIABILITY
CLAIMSMADE OCCUR
I GEN'L AGGREGATE LIMIT APPLIES PER I
(0 0 I
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
C-MS-E I
DEDUCTIBLE
RETENTION I Oo0
I
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICERIMEMBER EXCLUDED?
Ifyea. dercnk under SPECIAL PROVISIONS
bCbW
OTHER
TION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMI
-
-
IES(
!E: A Taste of DOWntOWn Event - Benefit for -W -hursday November 13, 2008 from 6:30 - 8:30 ~JM at Down! iardens AVenUe, Palm Beach Gardens, FL. The City of Pa
'OLICY EFFECTM
DATE(MM\DD\YY)
OS/Ol/08
LIMITS SHOWN ARE AS REQUESTED
LIMITS DLICY EXPIRATION
DATE(MM\DMYY)
os/o~/o~ EACH OCCURRENCE I 51,000,000
DAMAGE TO RENTED
PREMISES (Ea occurmcc) 1
~EXP(Anvone~n~ I rl
51,000,000 PERSONAL & ADV INJURY
1 %
GENERAL AGGREGATE 52,000,000 y
PRODUCTS ~ COMP/OP AGG $2,000,000 z
z"
m ..
COMBINED SINGLE LIMIT
(Ea accident)
3
BODILY INJURY z
BODILY INJURY s '!
( Pa -0)
(Pa accidmt)
AUTO ONLY - EA ACCIDENT
I I
OTHERTHAN EAACC I
AUTO ONLY : I AGG I 05/01/09 I EACH OCCURRENCE
AGGREGATE
- -- - E.L.EACHACCIDENT
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT 3
giiIWS14
i
ach 4 Jnty, a local non-profit or anization. wn at the Gardens/center Court, 11701 Lafe victoria Beach Gardens is additional insured on the general
The City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens FL 33410 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS R" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT PAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
I a
- - AUTHORIZED REPRESENTATIVE m
, Attachment to Acorn Certificate for CA Public Employees' Retirement system
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer@). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURER
INSURER
INSURER
INSURER
INSURER
INSURED
CA public Employees' Retirement system
Lincoln Plaza East 400 "Q" street, Room 4800 Sacramento CA 95814 USA
I I If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for poiicy limits.
DESCRIPTlON OF OPERATION~ATIONS"ICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
liability insurance regarding the location listed. (alcohol will be served)
Certificate No : 570030133061
4 * L \
Braman Motorcars would like to help support The American Cancer Society's Relay For Life by donating money for every person that sits in one of there cars at the Relay for life Kick Off Party at Downtown at the Gardens on November 13th. They would like to have up 10 cars on display throughout the property. They will not be selling these cars. They will however be answering questions about the cars if asked. They will also help recruitment of Relay for Life teams by paying to promote this event. Narrative and Master Site Plan September 25,2008
Special Events Sign Off Report PALM BEACH GARDENS A Signature City Begin Date: End Date: Permit #: SPEV-08007-000199 Fees Paid $600.00 Special Event: Taste of Downtown-Benefit to the American Red Cross kick off party for 'Relay for Life" 11/13/08 pm --Nee& City Council approval Special Events Planner: 4oUum- laS5-m Date
PARKS
RECREATION
BUILDING DIVISION
FIRE/RESCUE DIVISION
POLICE DEPARTMENT
RISK MANAGEMENT
CODE ENFORCEMENT
PUBLIC WORKS
APPROVALS
Approved by MIKE KELLY 09/24/2008
Approved by CHARLOTTE PRESENSKY 09/24/2008
Approved by JAMES BROWN 09/24/2008
Approved by SCOTT FETTERMAN 09/24/2008
Approved by JACK SCHNUR 09/25/2008
Approved by MARY ANDERSON 09/24/2008
Approved by DAVID REYES 09/24/2008
Approved by MICHAEL MORROW 09/24/2008
GROWTH MANAGEMENT ADMIN:
Kara L. Irwin, AICP Date
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
- Date Prepared: September 23,2008
Meeting Date: October 16,2008
Resolution 88,2008
MISC-0&0&000046
SUBJECTIAGENDA ITEM
Resolution 88,2008: Gander Mountain Planned Unit Development (PUD)
Consideration of Approval: A request by Barrie Brown, on behalf of Oppidan, Inc. KTJ Limited
Partnership 167, for approval of a request to allow for an amendment to Section 4 of Resolution 3 1,
2008 for Tall Tales Restaurant (the ‘Restaurant’) located within Gander Mountain PUD. Gander
Mountain PUD is located on the west side of Sandtree Drive, immediately south of the Northlake
Commons/Home Depot shopping center.
[XI Recommendation to APPROVE
[ 1 Recommendation to DENY
Reviewed by:
MaxLo
Development
Compliance NIA
Bahareh Keshavan-WolfS,
AICP
Administrator
KaraL. Irwin,AIcP
Approved By:
RonaldhFjhs
Originating Dept.:
Manager
Richard J. Marren,
[XJQUaSi-Judicial
[ ]Legislative
[ IPublicHearing
Advertised
Date:
Paper:
[ IReSuired
M NotRequired
FINANCE: NIA
Funding source:
Budget A&.#:
NIA
City Council Action:
[ ] App. wl conditions
]Approved
]Wed
1 lRec*aPprOval
[ ] Rec. app. wl con&.
[ ]Rec.Denial
[ 3 colltilluedto:
Attachments:
0 Narrative
0 Project Application
0 Tall Tales Item Sales
0 Resolution 3 1,2008
0 Resolution 88,2008
Date Prepared: September 22,2008
Meeting Date: October 16,2008
Resolution 88,2008
Page 2 of 3
BACKGROUND
The Gander Mountain Planned Unit Development (PUD) *as approved on November 1,2007, with
the adoption of Ordinance 30, 2007 and Resolution 106, 2007. Ordinance 30, 2007 approved the
re-zoning of the subject site from a General Commercial (CG-1) to Planned Unit Development
(PUD) Overlay in order to construct a 120,000 square-foot retail building on an approximately
13.1 8-acre site.
Since the original approval, the following approvals have been granted:
ADMN-07-11-0179: Gander Mountain AA1 was submitted on November 3,2007. The approval
provided for a minor site plan and landscape modifications, which were required per the
development order, Resolution 106,2007. The application was approved on December 14,2007.
ADMN-07-12-0187: Gander Mountain AA2 was submitted on December 06,2007. The approval
provided for an accessory fast food restaurant and outdoor seating area to serve the Gander
Mountain retail customers. The approval was limited by conditions of approval that did not allow
for any external advertising of the fast food establishment, music, or outdoor service and
requirements for indoor management of waste.
ADMIN-08-02-0199: Gander Mountain AA3 was submitted on February 1,2008. The application
was submitted on behalf of Clear Channel for approval of a billboard on the property.
RESOLUTION 31,2008: approved an exception from the distance requirements between vendors
to allow for the sale of beer and wine within the restaurant and the placement of logo medallions on
the building.
Currently, the applicant has requested approval of an amendment to Section 4 of Resolution 3 1,
2008 to serve liquor in addition to the previously approved beer and wine sales within the
restaurant, which the applicant maintains will provide service to only the retail customers of Gander
Mountain.
LAND USE & ZONING
The Property has a Commercial (C) Future Land-Use Map designation and Planned Unit
Development (PUD) Overlay zoning designation with an underlying zoning of General Commercial
(GCl), consistent with the future land use of Commercial (C).
DISCUSSION
On March 25, 2008, City Council adopted Resolution 31, 2008 which allowed for the sale of beer
and wine within the restaurant. The applicant is now requesting approval to allow for the sale of
liquor in addition to the previously approved beer and wine. The applicant has stated to staff that the
restaurant will be applying for a 4-COP SRX liquor license. A 4-COP SRX license is issued by the
Division of Alcoholic Beverages and Tobacco and requires that the restaurant maintain 51% of the
gross sales from food (please see attached Item Sales). In no way does this type of alcohol license
Date Prepared: September 22,2008
Meeting Date: October 16,2008
Resolution 88,2008
Page 3 of 3
allow for the operation of a bar, nightclub or lounge within the restaurant.
STAFF ANALYSIS
Overall, the request for the sale of liquor in addition to beer and wine at the restaurant is consistent
with the zoning regulations within the Code of Ordinances and is not detrimental to the health,
safety and welfare of the public. Furthermore, this type of alcohol license (4-COP SRX) requires the
restaurant to maintain 51% food sales and does not allow for the operation of a bar, nightclub or
lounge. This type of license is consistent with the licenses that are issued to other restaurants within
the City (i.e. Chili’s, Outback Steakhouse, and Fridays).
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 88,2008.
JUSTIFICATION FOR A MSCELLANEOUS PETITION APPROVAL REOUEST
Liquor Serriee a& Tall Tales Cat% (Gander Mountain Retail)
Tuesday, August 26,2008
Barrie Brown, on behalf of Oppidan, he. / KTJ Limited Partnership 167, (the “Applioant”),
hereby respectfully requests approval from City Council for a Miscellaneous Petition to modify
Seetion 4 of Resel&ien 3 1,2008, appmd April 17,2008, to remove &e mstrietive wording,
“specifically beer and wine,” to allow beer, wine and liquor sales on premises within the
approved Ancillary RestaurantFood Service Facility Use located within Oander Mountain Retail
approved by City Council on November 01,2007 by way of Resolution 106-2007 and as
subsequently amended by Administrative Amendments 07-1 1-000179 and 07-1 1-0001 87
respectively.
NQ dfications to. approved plans OT traffic review is necessary with this request thus the
Applicant is paying for the following services:
Application Fee: 2,475 .OO
Legal Review Fee: 1.000.00
Total Fees: 3,475.00
Baekmund
The City ef Palm Beach Gardens Cede ef C)r&wmm (Chapter 6-9 Appkatiea ef &rhg Cede)
specifies that “in all cases the location of any place of business for the sale of alcoholic
bewrages, hcludhg rnalt and wine beverages at retail, shall be h accohce with the permitted
use provisions of the city zoning code.” Further, Code section 6-4 Distance limitations between
veders, plaees efworskip, and schmls outlirmes b?e 10-d erikria f;sr establishments &&
serve alcoholic beverages when in proximity to places of worship, schools or to other vendors of
alcoholic beverages. In this instance the provisiom of Code Section 6-4 apply with respect to
vendor separation between the subject property and the Nortblake Commons PUD, specifically
with twe kstiag ~es+aumt& uses (Giswmi’s Restemte and Ald& Mdkmm Grill) be&
located within 500 feet of the Ancillary Restauranflood Service Facility known as “Tall Tales
CafF, (See attaohed 500 foot radius map). The provisions of Chapter 78, Mole, IV, Section
78-1 59 (the ‘zoning code’) outline the permitted uses allowed within each zoning district. All
Restatwan+ er Fed Gerviee Faeility Uses are pemi#ed &&in &e General Cemtrmereid-1 (CG-1)
zoning district. On January 22,2008, Growth Management Staff approved by way of
Admkistmtive Amendment (Admin 07-1 1-0001 87) an Atloillspv Restauimt with Outdoor
Seating Use with the Gander Mountain Planned Unit Development. On April 17,2008, City
Comeil passed Reselutien 3 1,2008, *el? alld aleehel, spifiieally beer and wine, te be
sold at said Ancillary Restaurant. As such, the Applicant is required to request from City Council
appval to modi@ Resolution 3 1,2008 to mmove the mstiotive wording “speoifioally beeF ad
wine’’ fkom said resolution allowing the sale of beer, wine and liquor.
AUG 2 6,2008
appropriate and timely as existing conditions of approval associated with Administrative
Amendment 07-1 1-000187 clearly provide protection to the general public and the City of Palm
Beach Gardens that should the status of this ancillary restaurandfood service facility intensify to
more than a cafeteria-style restaurant, additional review and approvals from the City’s Growth
Management Department shall be required, as outlined herein:
“Should the nature of the restaurant be amended from cafeteria style to a destination restaurant,
the Applicant shall submit a revised traffic analysis for restaurant square footage.”
(Condition 4 Admin 07-1 1-0001 87)
As the Applicant is not modifying the style of restaurant and shall adhere to all previously
prescribed conditions of approval, this request has been initiated in order to satisfy the locational
requirements of the City’s Code of Ordinances Chapter 6-4 between vendors.
Miscellaneous Petition Amroval Reuuest
The Applicant is requesting City Council approval of a Miscellaneous Petition to allow for the
serving of beer, wine and liquor within the Ancillary Restaurant/Food Service Facility Use
located within Gander Mountain PUD as approved by way of Resolution 106-2007 and as
subsequently amended by Administrative Amendments 07- 1 1-000 179 and 07- 1 1 -000 1 87
respectively. As indicated on the attached map the Applicant is located approximately 450 feet
away from the adjacent alcohol serving restaurant uses. The provision of beer, wine and liquor
for an ancillary restamandfood service facility is generally permitted in the General
Commercial- 1 zoning district by-right should all separation criteria and zoning code provisions
be in compliance. The orientation and site programming of the two developments serve as
further justification to grant the amendment to allow for the beer and wine service within the
ancillary food service use at the Gander Mountain retail store as the properties were not designed
to readily interact with one another. Tall Tales, the ancillary food service, meets all Florida
state requirements to attain a beex, wine and liquor, special restaurant license.
Justification
In order to ensure that City Council is made aware of and understands the minor nature of the
request to provide beer, wine and liquor service within the Ancillary Restaurant/Food Service
Facility Use (a service permitted within the CG1 zoning district), the Applicant is bringing forth
a Miscellaneous Petition request for City Council review and approval. As part of the original
development considerations for this retail center, the Applicant, in an effort to ensure that the
quality of life and general welfare of the surrounding residential neighborhood was maintained
and enhanced, provided numerous on- and off-site safeguards and amenities for their benefit and
protection. These protections further justified the request for the inclusion of an ancillary food
service facility within the main retail space. Such safeguards and amenities included the
provision of an eight (8) foot high buffer wall; the relocation of the principal building away from
the residential community; the provision of mature landscaping significantly exceeding the
City’s code requirements; and off-site signage to the neighboring community for traffic calming
purposes. In no way does the Applicant’s request contradict any of the previous conditions of
approval as prescribed by City Council or Staff in the above referenced approvals nor is the
Applicant intensify.ing the service area, style of food service andor nature of the already
approved Ancillary RestamWood Service Facility use. The request to serve beer, wine and
liquor within this ancillary use is consistent with other large retail store developments that
incorporate ancillary food services and that also serve beer, wine and liquor (Le. Brio, PF Chang,
Ruby Tuesday, and California Pizza at The Gardens Mall), and will not result in the proliferation
of similar uses in the area.
From a site programming perspective, the Ancillary Restauranthod Service Facility use is
located within the retail store and is over 320 feet away from the closest adjacent residential
home (airline measurement method) and is separated from the residential uses by an eight (8)
foot high buffer wall. Separation from residential uses is not a provision of Section 6-4 of the
City’s Code of Ordinances. The use is also located approximately 450 feet from other
“destination” type restaurant uses that serve alcohol (specifically beer and wine) located in
Northlake Commons PUD which further distinguishes the ancillary nature of the food service
facility proposed at Gander Mountain. The two destination restaufants located in Northlake
Commons PUD are more intense in nature and do not reflect the ancillary nature of the ancillary
food service use located within Gander Mountain.
All previous approvals and associated conditions continue to be in effect and shall be strictly
adhered to in order to ensure the general public is best served by the overall retail use and that
the surrounding residential neighbors are not affected by this Miscellaneous Petition request.
The Ancillary Restauranflood Service Facility operates during the regular hours that the
principal retail store is open. This ancillary use shall not operate outside of the established days
and hours of operation of the main store. The style of food service shall remain unaffected by
this request.
The Ancillary Restamflood Service Facility meets all guidelines determined by the
Department of Business and Professional Regulation Alcoholic Beverages and Tobacco Division
for a 4COP SRX, special restaurant license. The guidelines require a minimum of 2,500 square
foot, 150 seats, and 5 1 % of the restaurant’s hmme to derive from the sale of food. The
Ancillary Restaurant/Food Service Facility comprises 6,196 square feet and contains seating for
220 people. Since it’s opening in May 2008, the restaurant’s income when broken down (see
attached Item Sales report), is 91% from food and non-alcoholic beverages and 9% fiom beer
and wine.
Closing
The Applicant is seeking approval of this Miscellaneous Petition request to enhance the
provision of services to their customers. The request is necessary to remove the restictive
wording “specifically beer and wine” as set forth in the Resolution 3 1,2008. The Applicant is
requesting removal of said wording. The Applicant want to ensure Council is assured the request
poses no threat to the dety or well-being of the ped public or sumomdkg ~side~tial
neighborhood; that appropriate safeguards have been established within all previous approvals
hr this Plaarleel Uni$ Dewleprnen$, and shall remain in e&& to maintain the sa&y and
well-being of the general public and neighbors.
The AppEied Is seeking P.lanning and Zmhg Appeals Board and C&y Cmncil approval ts
allow for this Miscellaneous Petition request to further provide the highest quality of service to
their customers while ensuring no negative impacts to the general public will occur as a result of
it’s approval.
CITY PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Reauest:
- Planned Community Development (PCD) - Planned Unit Development (PUD)
- Amendment to PCD, PUD or Site Plan
- Conditional Use
- Amendment to the Comprehensive Plan - Administrative Approval
- Administrative Appeal
Project Name: - Gander Mountain Retail
- Annexation
Rezoning
- Site Plan Review - Concurrency Certificate
.-_ Time Extension
X Miscellaneous
- Other
Date Submitted:
-
51 25 County Road 101, Suite 100 Owner: Oppidan, Inc. / KTJ Limited Partnership 167 Address: Minnetonka, MN 55345
Applicant (if not Owner):
Applicant’s Address: Telephone No.
Agent: Barrie Brown
Contact Person: Barrie Brown E-Mail: barrie . brownkwahoo. corn
Agent’s Mailing Address: 1700 Embassy Drive #305, West Palm Beach, FL 33401
Agent’s Telephone Number: (561) 370-5956 Fax Number:
A
I FOR OFFICE USE ONLY
Petition Number:
Fees Received
Application $
Receipt Number:
Date & Time Received
Engineering $
-
~ chitect:- Ryan Companies USA, Inc. Phone Number: (61 2) 490-291 6
Engineer:- Keshavarz & Associates, Inc. Phone Number: (561) 689-8600
Planner: Barrie Brown Phone Number: (561) 370-5956
Landscape Architect: Phone Number:
Site Information: Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
General Location: - Subject property is located on the east side of Interstate 95 with access from Sandree - Drive. It is located approximately 1/4 of a mile south of Northlake Boulevard
Address:
Section: - 19 Township: 42s Range: 43E -
Property Control Number(s): - 52-43-42-1 940-OOO-3320
Acreage: 2 18 Current Zoning: -1 Requested Zoning: -1
Flood Zone Zone B Base Flood Elevation (BFE) - to be indicated on site plan
Current Comprehensive Plan Land Use Designation:- Commercial
Existing Land Use: Commercial Requested Land Use: Commercial
Proposed Use(s) i.e. hotel, single famil residence, etc.: -Commercial 1 Retail
99,3 Y 9 sf of general retail with up to 15,000 sf of indoor ancillary
boat and ATV sales & 5,641 sf of ancillary food service area (w/liquor
Proposed Square Footage by Use: service) and 1,442 sf of outdoor seatins area.
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
Justification
Information concerning all requests (attach additional sheets if needed.)
(Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request:
See attached justification statement -
2. What will be the impact of the proposed change on the surrounding area?
See justification statement attached herein
3. Describe how the rezoning request complies with the City’s Vision Plan and the following elements
of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
See justification statement attached herein
4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78-301 Land Development Regulations)?
See justification statement attached herein
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-
261 Land Development Regulations)?
See justification statement attached herein
6. Has project received concurrency certification?
Date received
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately 1/4 mile(s) from the intersection of- Sandtree Dr.
-, on the -north, -Teast, -south, west side of 1-95 & Northlake Boulevard
(streethoad).
Statement of OwnershiD and Desimation of Authorized Apent
Before me, the undersigned authority, personally appeared -
who, being by me first duly sworn, on oath deposed and says:
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. That he/she is requesting Miscellaneous petition approval- Amendment in the
of Development order City of Palm Beach Gardens, Florida.
3. That he/she has appointed Barrie Brown to act
By: Namemitle
&-,dnlLhdLL.A-? lknJ S-S-Tdf
Cib, State, Zip Code
P. 0. Box City, State, Zip Code
3G-Z 29q 075'3
Telephone Number Fax Number
E-mail Address
Sworn and subscribed before me this AS '' day of
Notary Public
My Commission expires:
// 3k 26.1 3
Applicant's Certification
INVe affirm and certify that Ywe understand and will comply with the land development regulations of
the City of Palm Beach Gardens, F the statements or diagrams made on
any paper or plans submitted here our knowledge and belief. Further,
Ywe understand that this applicati become a part of the
official records of the City of Palm e.
Applicant is:
.-. X Owner
- Optionee
- Lessee
- Agent
P&t Name of Applicant '
CcCZ$H [
Street Address I
wds. tYm IC
City, State, Zip Code
- Contract Purchaser
Fax Number
E-Mail Address
Date: 08/20/08
Time: 2:21 PM
Tall Tales
Item Sales
, Page:
Report Period: 0511 5/08 - 08/20/08
Filter Settinas
Sesslon start date is 05/1 5/08-08/20/08
Item Description
'l CAESARSALAD
2 CHICKEN CAESAR
3 SHRIMP CAESAR
4 TALL TALES SALAD
5 ROT. CHICKEN SALAD
6 FRESH FISH SALAD
7 CHOPPED SALAD
8 COBBSALAD
9 AH1 TUNA SALAD
10 BACON & BLEU SALAD
11 OPENFOOD
16 SIDE TALL TALES SALAD
17 SIDE CAESAR SALAD
21 TOMATO SOUP- CUP
22 TOMATO SOUP- BOWL
23 CHICKEN SOUP CUP
24 CHICKEN SOUP BOWL
25 FRENCH ONION
~~
Group Totals:
Item Description
1
1. SOUP SALAD
Quantity Sales cost Cost% VAT Sales + VAT
173.0000
427.0000
178.0000
322.0000
282.0000
282.0000
1095.0000
1041 .OOOO
274.0000
189.0000
36.0000
362.0000
394.0000
803.0000
253.0000
945.0000
425.0000
1523.0000
1,222.80
3,705.10
1,723.00
2,524.30
3,040.60
3,422.66
11,092.20
12,887.14
3,801.71
1,976.47
129.31
2,111.33
2,154.08
2,763.49
1,231.75
3,615.80
2,188.70
7,259.33
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
1,222.80
3,705.10
1,723.00
2,524.30
3,040.60
3,422.66
11,092.20
1 2,887.14
3,801.71
1,976.47
129.31
2,111.33
2,154.08
2,763.49
1,231.75
3,615.80
2,188.70
7,259.33
9004.0000 66,849.77 0.00 0.00 0.00 66,849.77
2. SANDWICHES AND MORE
Quantity Sales cost cost % VAT Sales + VAT
31
32
33
34
35
36
37
38
46
47
48
60
* HAMBURGER
OPEN FOOD
BLUE CHEESE BURGER
TURKEY BURGER
TURKEY BRIE
BBQ CHICKEN
FRESH FISH SANDWICH
SHRIMP BASKET
CHICKEN- WHOLE
CHICKEN- HALF
CHICKEN- QUARTER
WITH OTHER TICKET
4309.0000
49.0000
1708.0000
766.0000
1737.0000
21 69.0000
1765.0000
2 1 82.0000
161 .OOOO
710.0000
322.0000
32.0000
33,510.61
153.90
16,540.79
6,546.36
14,439.79
18,899.62
22,359.36
22,014.30
2,013.69
6,124.43
2,039.70
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
33,510.61
153.90
16,540.79
6,546.36
14,439.79
18,899.62
22,359.36
22,014.30
2,013.69
6,124.43
2,039.70
0.00
Group Totals: 1591 0.0000 144,642.55 0.00 0.00 0.00 144,642.55
Page: 1
3. PIUA'S
Item Description Quantity Sales cost cost % VAT Sales + VAT
61
62
63
64
65
66
67
68
71
72
73
74
77
81
82
84
BBQ CHICKEN PIZZA
CHEESE PIZZA
PEPPERONI PIZZA
SAUSAGE PIZZA
SAUSAGE MUSHROOM
FOUR CHEESE PIZZA
SPICY CHICKEN PIZZA
CREATE PIZZA
TOMATO AVOC. FLAT
CHICKEN ARTICHK FLAT
WILD MUSHROOM FLAT
PEPPERONI FLAT BRD
OPEN FOOD
CAESAR FLATBREAD
61 5.0000
883.0000
744.0000
237.0000
245.0000
377.0000
349.0000
40.0000
657.0000
681 .OOOO
289.0000
400.0000
8.0000
5.0000
2.0000
7.0000
6,488.35
7,566.23
7,205.67
2,358.51
2,656.96
3,481.75
3,461.18
331.14
5,514.91
5,869.33
2,883.31
3,723.21
22.65
0.00
0.00
62.65
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
6,488.35
7,566.23
7,205.67
2,358.51
2,656.96
3,481.75
3,461.18
331.14
5,514.91
5,869.33
2,883.31
3,723.21
22.65
0.00
0.00
62.65
Group Totals:
Item Description
5539.0000 51,625.85 0.00 0.00 0.00 51,625.85
4. DESSERTS
Quantity Sales cost cost % VAT Sales + VAT
91
92
93
94
95
96
97
98
99
113
114
S'MORE- CHOCOLATE
S'MORE- PNUT BUTTER
KEY LIME PIE
HOT FUDGE SUNDAE
CHOC CHIP SUNDAE
ICE CREAM CUP
ICE CREAM CONE
BROWNIE
OPEN FOOD
BROWNIE SUNDAE
WORMS IN DIRT
399.0000
158.0000
296.0000
341 .OOOO
666.0000
222.0000
2 1 9.0000
161 .OOOO
6.0000
99.0000
9.0000
1,350.65
516.95
1,383.50
1,300.34
3,170.46
421.97
406.77
383.50
17.05
447.22
26.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,350.65
516.95
1,383.50
1,300.34
3,170.46
421.97
406.77
383.50
17.05
447.22
26.00
Group Totals:
Item Description
2576.0000 9,424.41 0.00 0.00 0.00 9,424.41
5. SIDE'S
Quantity Sales cost cost % VAT Sales + VAT
~ ~
121 SIDE FRIES 228.0000 422.14 0.00 0.00 0.00 422.14
122 SIDE FRUIT 79.0000 151.90 0.00 0.00 0.00 151.90
123 SIDE COLE SLAW 291.0000 553.70 0.00 0.00 0.00 553.70
124 SIDE DRESSING 3.0000 1.40 0.00 0.00 0.00 1.40
Group Totals:
Item Description
601 .OOOO 1,129.14 0.00 0.00 0.00 1,129.14
6. KIDS MENU
Quantity Sales cost cost % VAT Sales + VAT
Page: 2
151 KIDS BURGER 99.0000 485.10 0.00 0.00 0.00 485.10
152 KIDS CHEESE BURGER 235.0000 1,121.17 0.00 0.00 0.00 1,121.17
153 KIDS CHICKEN TENDERS 474.0000 2,307.18 0.00 0.00 0.00 2,307.18
154 KIDS CHEESE PIZZA 460.0000 2,230.46 0.00 0.00 0.00 2,230.46
876.12 155 KIDS PEPPERONI PIZZA 184.0000 876.12 0.00 0.00 0.00
Group Totals:
Item Description
1452.0000 7,020.03 0.00 0.00 0.00 7,020.03
7. SPECIALS
Quantity Sales cost cost % VAT Sales + VAT
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
OPEN FOOD
Chicken ala Vodka
Hot Roast Beef
LASAGNA
MEATLOAF
STUFF FLOUNDER
HOT TURKEY SAND
JERK PORK
Turkey Leg
Shrimp Pesto Pizza
Appetizer Wings
Gift Certificate
Fish n Chips
Fried Gator
Entree Wings
Quail Dinner
Beef Tips
Quail Pizza
Ostrich Burger
Fish 8, Shrimp Combo
Spinach Pizza
Shrimp Caesar Wrap
3 MEAT PIZZA
Shrimp Puttanesca
TURKEY CHILI NACHOS
CHICKEN ALFRED0
BLT Caesar Wrap
Buffalo Chicken Sand
Caesar Flat Bread
Ranch BLT Wrap
22.0000
90.0000
172.0000
89.0000
1 46.0000
31 .OOOO
45.0000
13.0000
39.0000
14.0000
18.0000
12.0000
240.0000
26.0000
1 .oooo
22.0000
8.0000
6.0000
47.0000
17.0000
1 .oooo
1 .oooo
28.0000
4.0000
34.0000
16.0000
16.0000
22.0000
3.0000
32.0000
75.86
91 5.62
1,756.34
829.90
1,467.83
379.43
397.95
125.92
410.61
169.30
134.24
490.00
2,820.19
282.01
8.95
216.42
83.65
58.72
587.71
192.39
10.50
8.95
301.77
55.80
263.36
168.56
143.25
171.57
35.85
331.65
0.00
43.80
1,064.65
0.00
11 9.40
0.00
0.00
142.35
427.05
0.00
161.10
0.00
2,868.00
215.10
0.00
220.90
95.60
19.90
0.00
0.00
9.95
8.95
312.90
55.80
276.30
1 17.00
93.50
197.75
35.85
335.90
0.00
4.78
60.62
0.00
8.13
0.00
0.00
113.05
104.00
0.00
120.01
0.00
101.70
16.27
0.00
102.07
114.29
33.89
0.00
0.00
94.76
100.00
103.69
100.00
104.91
69.41
65.27
11 5.26
100.00
101.28
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
75.86
91 5.62
1,756.34
829.90
1,467.83
379.43
397.95
125.92
410.61
169.30
134.24
490.00
2,820.19
282.01
8.95
216.42
83.65
58.72
587.71
192.39
10.50
8.95
301.77
55.80
263.36
168.56
143.25
171.57
35.85
331.65
Group Totals:
Item Description
121 5.0000 12,894.30 6,821.75 52.91 0.00 12,894.30
11. COFFEE'S JUICES
Quantity Sales cost cost % VAT Sales + VAT
301 COFFEE 1038.0000 2,008.11 0.00 0.00 0.00 2,008.1 1
152.81 302 CAPPUCCINO 52.0000 152.81 0.00 0.00 0.00
303 CAFFE LATTE 27.0000 86.12 0.00 0.00 0.00 86.12
304 CAFE MOCHA 7.0000 24.50 0.00 0.00 0.00 24.50
305 ESPRESSO 61 .OOOO 98.17 0.00 0.00 0.00 98.17
Page: 3
310
31 1
312
31 3
314
31 5
316
317
31 8
31 9
NAKED-STRAWBERRY
NAKED- BERRY BLAST
NAKED- OJ
NAKED- POWER C
NANTUCKET- DIET
NANTUCKET- KIWI
NANTUCKET-
ICED TEA- RASPBERRY
ICED TEA- ORANGE
ICED TEA
14.0000
10.0000
10.0000
5.0000
1.0000
1 .oooo
1 .oooo
1499.0000
44.0000
6258.0000
45.50
35.00
33.25
17.50
3.50
0.00
3.50
2,861.82
85.80
12,041.81
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
45.50
35.00
33.25
17.50
3.50
0.00
3.50
2,861.82
85.80
12.041.81
Group Totals:
Item Description
9028.0000 17,497.39 0.00 0.00 0.00 17,497.39
12, BEVERAGE'S
Quantity Sales cost cost % VAT Sales + VAT
33 1
332
333
334
335
336
337
338
339
34 1
342
343
344
345
346
347
348
349
350
351
353
354
357
358
359
COKE
DIET COKE
DR. PEPPER
MOUNTAIN DEW
DIET MT. DEW
SPRITE
PEPSl
DIET PEPSl
WATER
IBC ROOTBEER
IBC CREAM SODA
IZZE BLUEBERRY
IZZE CLEMENTINE
SlOUS CITY
STEWARTS KEY LIME
STEWARTS ORANGE
PELLEGRINO
FIJI WATER
KIDS APPLE JUICE
KIDS CHOC MILK
SUNKIST ORANGE
LIPTON GREEN TEA
LEMONADE
ARNOLD PALMER
ARIZONA SWEET TEA
2670.0000
2717.0000
349.0000
451 .OOOO
156.0000
1026.0000
510.0000
461 .OOOO
4879.0000
783.0000
203.0000
63.0000
61 .OOOO
65.0000
56.0000
98.0000
65.0000
99.0000
69.0000
81 .OOOO
25.0000
20.0000
707.0000
386.0000
69.0000
5,890.76
5,971.08
758.68
958.32
328.70
2,275.85
1,134.21
1,028.02
0.00
2,225.16
570.80
180.82
156.90
154.87
275.22
190.12
265.65
51.60
97.23
58.75
48.75
1,743.62
837.89
197.65
185.55
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5,890.76
5,971.08
758.68
958.32
328.70
2,275.85
1,134.21
1,028.02
0.00
2,225.16
570.80
180.82
156.90
185.55
154.87
275.22
190.12
265.65
51.60
97.23
58.75
48.75
1,743.62
837.89
197.65
Group Totals: 16069.0000 25,586.20 0.00 0.00 0.00 25,586.20
13. BEER
item Description Quantity Sales cost cost % VAT Sales + VAT
361 BLUEMOON 284.0000 1,258.20 0.00 0.00 0.00 1,258.20
362 BUDLIGHT 873.0000 3,045.00 0.00 0.00 0.00 3,045.00
363 BUDWEISER 547.0000 1,912.75 0.00 0.00 0.00 1,912.75
364 COORS LIGHT 321 .OOOO 1,123.50 0.00 0.00 0.00 1,123.50
365 MICHELOB ULTRA 392.0000 1,460.25 0.00 0.00 0.00 1,460.25
Page: 4
366 MILLER LITE ' 121 .oooo 2,520.70 0.00 ' 0.00 0.00 2.520.70
367
368
369
371
372
373
374
375
376
377
378
379
380
382
383
384
386
387
388
389
SAM ADAMS
BUD LIGHT LIME
CORONA LIGHT
AMSTEL LIGHT
BECKS
CORONA
HEINEKEN
HEINEKEN LIGHT
KALIK
PILSNER URQUELL
RED STRIPE
GUINESS
FOSTERS
LANDSHARK
BUD SELECT
STELLA ARTOIS
BASS ALE
O'DOULS N/A
BECKS N/A
GROLSCH
191 .oooo
58.0000
177.0000
196.0000
104.0000
295.0000
202.0000
125.0000
203.0000
136.0000
130.0000
90.0000
125.0000
15.0000
10.0000
15.0000
9.0000
49.0000
21 .oooo
13.0000
850.50
191.10
778.50
861.30
450.00
1,314.00
898.20
558.00
882.00
575.10
580.50
405.00
562.50
50.40
35.00
67.50
40.50
171 SO
94.50
58.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
850.50
191.10
778.50
861.30
450.00
1,314.00
898.20
558.00
882.00
575.10
580.50
405.00
562.50
50.40
35.00
67.50
40.50
171.50
94.50
58.50
Group Totals:
Item Description
5302.0000 20,745.00 0.00 0.00 0.00 20,745.00
15. WINEMENU
Quantity Sales cost cost % VAT Sales + VAT
421 GLASS RED WINE 775.0000 0.00 0.00 0.00 0.00 0.00
422 GLASS WHITE WINE 975.0000 0.00 0.00 0.00 0.00 0.00
426 BOTTLE RED WINE 13.0000 0.00 0.00 0.00 0.00 0.00
427 BOTTLE WHITE WINE 7.0000 0.00 0.00 0.00 0.00 0.00
Group Totals:
Item Description
1770.0000 0.00 0.00 0.00 0.00 0.00
20. COUPONS
Quantity Sales cost cost % VAT Sales + VAT
571 OPEN COUPON 6.0000 -44.75 0.00 0.00 0.00 -44.75
572 PB POST COUPON 2444.0000 -22,958.78 0.00 0.00 0.00 -22,958.78
573 FATHERS DAY 51 .OOOO -533.20 0.00 0.00 0.00 -533.20
577 MONEY MAILER- 145.0000 -1,297.41 0.00 0.00 0.00 -1,297.41
Group Totals:
Item Description
2646.0000 -24,834.14 0.00 0.00 0.00 -24,834.14
21. SPECIALS CONT
Quantity Sales cost cost % VAT Sales + VAT
~ ~ ~ ~
601 OPEN MERCHANDISE 14.0000 226.71 0.00 0.00 0.00 226.71
602 Chicken Caesar Wrap 8.0000 71.60 0.00 0.00 0.00 71.60
603 Smoked Turkey Wrap 26.0000 263.70 0.00 0.00 0.00 263.70
604 Chili w/Tortilla Chips 17.0000 84.15 84.15 100.00 0.00 84.15
605 Pepperoni Calzone 27.0000 264.45 276.75 104.65 0.00 264.45
606 Chicken Cacciatore Pizza 2.0000 21.90 0.00 0.00 0.00 21.90
Page: 5
607
608
609
610
61 1
612
61 3
614
616
61 7
618
61 9
620
62 1
622
624
626
628
629
630
Chicken Enchilada Pizza
Buffalo Style Wings
Crispy Buffalo Pizza
Cobb Flatbread
Meatball Pizza
Buf Chicken Caesar Wrap
Meat Calzone
Shrimp Pomodoro Pizza
Pizza Giardini
Hamburger Pizza
BBQ Chicken Salad
Catfish (1)
Catfish (2)
Chili Nachos
Pesto Chicken Pizza
802 Burger
2.0000
6.0000
11 .oooo
3.0000
6.0000
11 .oooo
5.0000
6.0000
6.0000
10.0000
7.0000
9.0000
4.0000
2.0000
1 .oooo
13.0000
4.0000
5.0000
1 .oooo
4.0000
23.90
53.70
119.45
47.85
61.50
83.23
51.25
77.70
64.50
109.50
66.15
66.00
46.00
18.90
10.50
114.56
46.96
58.70
11.74
46.96
0.00
53.70
0.00
47.85
0.00
0.00
0.00
0.00
64.50
109.50
0.00
0.00
11.50
21 .oo
0.00
0.00
46.96
58.70
11.74
46.96
' 0.00
100.00
0.00
100.00
0.00
0.00
0.00
0.00
100.00
100.00
0.00
0.00
25.00
111.11
0.00
0.00
100.00
100.00
1 00.00
100.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
23.90
53.70
1 19.45
47.85
61 SO
83.23
51.25
77.70
64.50
109.50
66.15
66.00
46.00
18.90
10.50
114.56
46.96
58.70
11.74
46.96
Group Totals:
Item Description
210.0000 2,111.56 833.31 39.46 0.00 2,111 -56
22. PARTY ROOM MENU
Quantity Sales cost cost % VAT Sales + VAT
631 Party Hamburger 4.0000 46.92 0.00 0.00 0.00 46.92
632 Party Turkey & Brie 10.0000 117.30 30.00 25.58 0.00 117.30
633 Party Half Chicken 2.0000 23.46 6.00 25.58 0.00 23.46
634. Party Cobb Salad 8.0000 93.84 24.00 25.58 0.00 93.84
Group Totals:
Item Description
24.0000 281.52 60.00 21.31 0.00 281.52
121. SERVER INSTRUCT
Quantity Sales cost cost % VAT Sales + VAT
3601 SEE SERVER
3602 DO NOT MAKE
3603 RUSH
3604 SERVE FIRST
3605 MODIFY ITEM
3606 EXTRA PLATE
3607 ASAPTZR
3608 TOGO
3609 NOTE
3630 TO-GO
1 .oooo
418.0000
7.0000
42.0000
2228.0000
27.0000
1971 .OOOO
856.0000
1601 .OOOO
799.0000
0.00
0.00
0.00
0.00
1.85
0.00
0.00
0.00
11 .oo
0.75
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00
0.00
0.00
0.00
1.85
0.00
0.00
0.00
11 .oo
0.75
Group Totals:
Item Description
7950.0000 13.60 0.00 0.00 0.00
122. TEMPS
Quantity Sales cost cost % VAT
13.60
Sales + VAT
3631 RARE 289.0000 0.60 0.00 0.00 0.00 0.60
Page: 6
3632 MEDRARE ~00.0000 0.00 0.00 0.00 0.00 0.00
3633 MEDIUM 31 13.0000 0.00 0.00 0.00 0.00 0.00
3634 MEDWELL 1349.0000 0.00 0.00 0.00 0.00 0.00
3635 WELL DONE 701 .OOOO 0.00 0.00 0.00 0.00 0.00
Group Totals: 6352.0000 0.60 0.00 0.00 0.00 0.60
Item Description
125. DRESSlNGlSAUCE
Quantity Sales cost cost % VAT Sales + VAT
3721
3722
3723
3724
3725
3726
3727
3728
3736
3737
3740
374 1
3742
3744
3745
BLEU CHEESE
BALS. VINAIGRETTE
CAESAR
RANCH
SPICY SWEET
SESAME VING.
ITALIAN
APRICOT MUST.
BASIL AlOLl
COCKTAIL
TARTAR
MAY0
SAUCE
DRESS1 NG
390.0000
409.0000
43.0000
436.0000
196.0000
86.0000
34.0000
2.0000
50.0000
22.0000
8.0000
104.0000
85.0000
11 .oooo
238.0000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Group Totals:
Item Description
21 14.0000 0.00 0.00 0.00 0.00 0.00
126. CHEESE
Quantity Sales cost cost % VAT Sales + VAT
3751
3752
3753
3754
3755
3759
3760
3761
CHEDDAR
SWISS
MOZZARELLA
AMERICAN
BLUE CHEESE
BRIE
GOAT CHEESE
CHEESE
1843.0000
682.0000
426.0000
1272.0000
54.0000
. 22.0000
20.0000
57.0000
871.78
435.92
295.49
888.36
11.85
2.25
4.50
7.50
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
871.78
435.92
295.49
888.36
11.85
2.25
4.50
7.50
Group Totals: 4376.0000 2,517.65 0.00 0.00 0.00 2,517.65
Item Description
127. GARDEN INGREDS.
Quantity Sales cost cost % VAT Sales + VAT
3781
3782
3783
3784
3785
3786
3787
3789
ARTICHOKE
AVOCADO
BUTTER LETT.
CILANTRO
CROUTONS
EGG
LETTUCE
MUSHROOMS
9.0000
109.0000
1 .oooo
10.0000
26.0000
14.0000
70.0000
40.0000
0.75
2.00
0.00
0.00
0.00
0.00
0.00
2.50
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page:
0.75
2.00
0.00
0.00
0.00
0.00
0.00
2.50
7
3790 ONION 202.0000 0.00 0.00 ' 0.00 0.00 0.00
3792 PINE NUTS 7.0000 0.00 0.00 0.00 0.00 0.00
3793 ROMAINE 1 .oooo 0.00 0.00 0.00 0.00 0.00
3794 SCALLIONS 1 .oooo 0.00 0.00 0.00 0.00 0.00
3795 TOMATO 179.0000 2.00 0.00 0.00 0.00 2.00
3810 BREAD 44.0000 0.00 0.00 0.00 0.00 0.00
Group Totals:
Item Description
713.0000 7.25 0.00 0.00 0.00 7.25
128. MEATS
Quantity Sales cost cost % VAT Sales + VAT
3811 BACON
3812 CHICKEN
3813 SHRIMP
3814 TURKEY
278.0000 128.99 0.00 0.00 0.00 128.99
191 .oooo 208.16 0.00 0.00 0.00 208.16
70.0000 147.00 . 0.00 0.00 0.00 147.00
1 1 .oooo 1.50 0.00 0.00 0.00 1.50
Group Totals: 550.0000 485.65 0.00 0.00 0.00 485.65
Item Description
130. SANDWICH CHOICES
Quantity Sales cost cost % VAT Sales + VAT
3871
3872
3873
3875
3876
3877
3878
3880
3881
3882
3887
FRIES
FRUIT
COLESLAW
TOM SOUP- CUP
TOM SOUP- BOWL
CHICKEN SOUP- CUP
FRENCH ONION
SIDE SALAD
SIDE CAESAR
NO SIDE
1121 1 .oooo
2961 .OOOO
3713.0000
1 .oooo
7.0000
2.0000
6.0000
4.0000
15.0000
5.0000
36.0000
0.00
0.00
0.00
0.00
15.00
3.95
16.22
11.85
69.29
26.25
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
15.00
3.95
16.22
11.85
69.29
26.25
0.00
Group Totals: 17961 .OOOO 142.56 0.00 0.00 0.00 142.56
Item Description
131. BURGER MODS
Quantity Sales cost cost % VAT Sales + VAT
3901 ADD BACON 632.0000 459.61 0.00 0.00 0.00 459.61
3902 ADD MUSHROOMS 29.0000 26.88 0.00 0.00 0.00 26.88
3903 ADD ONION 198.0000 48.31 0.00 0.00 0.00 48.31
Group Totals:
Item Description
859.0000 534.80 0.00 0.00 0.00 534.80
132. SANDWICH MODS
Quantity Sales cost cost % VAT Sales + VAT
3931 PAN FRIED 515.0000 0.00 0.00 0.00 0.00 0.00
3932 SEARED 459.0000 0.00 0.00 0.00 0.00 0.00
3933 BLACKENED 800.0000 0.00 0.00 0.00 0.00 0.00
3942 WITH CHEESE 866.0000 0.00 0.00 0.00 0.00 0.00
3943 NO CHEESE 450.0000 0.00 0.00 0.00 0.00 0.00
Page: 8
-
Group Totals: d090.0000 0.00 0.00 0.00 0.00 0.00
133. CHICKEN MODS
Item Description Quantity Sales cost cost % VAT Sales + VAT
3961 TALL TALES STYLE 781 .OOOO 0.00 0.00 0.00 0.00 0.00
3962 BBQ 41 4.0000 0.00 0.00 0.00 0.00 0.00
3971 WHITE MEAT 213.0000 0.00 0.00 0.00 0.00 0.00
3972 DARK MEAT 87.0000 0.00 0.00 0.00 0.00 0.00
Group Totals:
Item Description
1495.0000 0.00 0.00 0.00 0.00 0.00
135. PIZZAMODS
Quantity Sales cost Cost% VAT Sales + VAT
402 1
4022
4023
4024
4026
4027
4028
4029
4031
4033
4046
4047
NO SAUCE
EXTRA SAUCE
LITE SAUCE
NO CHEESE
EXTRACHEESE
LITE CHEESE
WELL DONE
SQUARE CUT
TOM SOUP- CUP
TOM SOUP- BOWL
4.0000
14.0000
26.0000
1 .oooo
37.0000
47.0000
6.0000
1 .oooo
27.0000
14.0000
23.0000
4.0000
0.00
0.00
0.00
0.00
0.00
31.40
0.00
0.00
0.00
0.00
57.50
15.80
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
31.40
0.00
0.00
0.00
0.00
57.50
15.80
Group Totals:
Item Description
204.0000 104.70 0.00 0.00 0.00 104.70
136. DESSERT MODS
Quantity Sales cost cost % VAT Sales + VAT
4051
4052
4053
4056
4057
4058
4059
4061
4062
4071
4072
VAN I LLA
CHOCOLATE
TWIST
NO WHIP
EXTRA WHIP
NO CHOCOLATE
EXTRA CHOCOLATE
NO HOT FUDGE
EXTRA HOT FUDGE
ALA MODE
138.0000
85.0000
224.0000
44.0000
77.0000
1 .oooo
63.0000
3.0000
97.0000
69.0000
1 .oooo
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
61.17
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
61.17
0.00
Group Totals:
Item Description
802.0000 61.17 0.00 0.00 0.00 61.17
137. KIDS MODS
Quantity Sales cost cost % VAT Sales + VAT
____~ ~
4081 KIDS CHOC MILK 201 .oooo 0.00 0.00 0.00 ' 0.00 0.00
4082 KIDS APPLE JUICE 209.0000 0.00 0.00 0.00 0.00 0.00
Page: 9
Group Totals: 41 0.0000 0.00 0.00 0.00 0.00 0.00
Item Description
138. PIZZA TOPPINGS
Quantity Sales cost Cost% VAT Sales + VAT
4111
41 12
4113
41 14
41 16
4118
4121
41 22
4123
41 24
4125
4127
PEPPERONI
PULLED CHICKEN
SAUSAGE
BACON
RED ONION
MUSHROOMS
ARTICHOKES
RSTPEPPERS
RST TOMATOES
AVOCADO
36.0000
22.0000
46.0000
3.0000
4.0000
1 .oooo
20.0000
69.0000
8.0000
7.0000
9.0000
9.0000
42.50
21.61
48.48
3.12
0.00
0.00
11.84
46.94
3.75
5.25
6.75
6.75
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
42.50
21.61
48.48
3.12
0.00
0.00
1 1.84
46.94
3.75
5.25
6.75
6.75
Group Totals:
Item Description
234.0000 196.99 0.00 0.00 0.00 196.99
139. PIZZA TOPPINGS 2
Quantity Sales cost cost % VAT Sales + VAT
4141
4146
4147
4148
4149
41 50
4151
4154
41 59
PIZZA SAUCE
REG. MOZZARELLA
SMKD MOZZARELLA
GRANA CHEESE
GOAT CHEESE
BLEU CHEESE
BRIE CHEESE
OREGANO
2.0000
14.0000
2.0000
1 .oooo
2.0000
1 .oooo
1 .oooo
1 .oooo
1 .oooo
0.00
8.99
0.75
0.00
0.75
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8.99
0.75
0.00
0.75
0.00
0.00
0.00
0.00
Group Totals: 25.0000 10.49 0.00 0.00 0.00 10.49
141. GLASS WINE
Item Description Quantity Sales cost cost % VAT Sales + VAT
4201 ECCO DOMANI MERLOT
4202 RUSSIAN RIVER P.NOIR
4203 WILLAMETTE VALLEY
4204 STUMP JUMP RED
4205 LIBERTY SCHOOL
4206 ANCIENT VINES-
4207 DYNAMITE- CABERNET
4208 FRANCISCAN-
4209 ACACIA, PINOT NOlR
4210 MERITAGE, BV
4212 ZINFANDEL,
4213 CHIANTI, MONSANTO
4216 PINOT GRIGIO, MASA
4217 PINOT GRIGIO, SANTA
305.0000
97.0000
42.0000
32.0000
49.0000
33.0000
131 .OOOO
51 .OOOO
1 .oooo
2.0000
1 .oooo
2.0000
135.0000
99.0000
1,770.72
859.20
417.90
232.50
357.75
277.10
1,001.70
609.45
9.95
23.90
7.50
21.90
1,012.50
885.55
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
Page:
1,770.72
859.20
417.90
232.50
357.75
277.10
1,001.70
609.45
9.95
23.90
7.50
21.90
1,012.50
885.55
10
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
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45
46
RESOLUTION 31,2008
A RESOLUTION OF THE CITY COUNCIL OF
BEACH GARDENS, FLORIDA APPROVING
THE CITY OF PALM
AN EXCEPTION TO
SECTION 6-4, CODE OF ORDINANCES ENTITLED “DISTANCE
LIMITATIONS BETWEEN VENDORS, CHURCHES, AND
TO ALLOW THE PLACEMENT OF LOGO MEDALLIONS ON THE
APPROVED BUILDING FOR THE GANDER MOUNTAIN PLANNED
LOCATED ON THE WEST SIDE OF SANDTREE DRIVE,
IMMEDIATELY SOUTH OF THE NORTHLAKE COMMONS/HOME
DEPOT SHOPPING CENTER, AS DESCRIBED MORE
PARTICULARLY HEREIN; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
SCHOOLS” AND APPROVING A WAIVER FROM SECTION 78-285
UNIT DEVELOPMENT (PUD) ON A 13.18-ACRE PARCEL
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 Brian Cheguis of Cotleur &
Hearing, Inc., agent on behalf of KTJ Limited Partnership 167, to allow an exception to
Section 6-4, Code of Ordinances entitled “Distance limitations between vendors,
churches, and schools” and a waiver from Section 78-285 to allow the placement of
logo medallions on the approved building located the Gander Mountain Planned Unit
Development (PUD) , which is located on the west side of Sandtree Drive, immediately
south of the Northlake Commons/Home Depot shopping center, as more particularly
described herein; and
WHEREAS, the subject site has been rezoned by Ordinance 30, 2007 to a
Planned Unit Development (PUD) overlay with an underlying zoning of General
Commercial (CG-1). The subject site has a future land-use designation of Commercial
(C); and
WHEREAS, the master plan for the Planned Unit Development (PUD) was
approved through the adoption of Resolution 106, 2007 by City Council on November 1 ,
2007, which approved a 120,000-square-foot retail building on a 13.1 8-acre site; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
Date Prepared: March 31, 2008
Date Prepared: March 31, 2008
Resolution 31 , 2008
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2
3
4
5
6
7
8
9
10
11
12
13
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15
16
17
18
19
20
21
22
23
24
25
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27
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29
30
31
32
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36
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42
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44
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46
WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its
March 25, 2008, public hearing and recommended approval by a vote of 7-0; 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
WHEREAS, the City Council has determined that adoption of this Resolution is 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 Miscellaneous (MISC) application of Brian Cheguis of Cotleur
and Hearing, Inc., on behalf of KTJ Limited Partnership 167, to allow an exception to
Section 6-4, Code of Ordinances entitled "Distance limitations between vendors,
churches, and schools" and a waiver from Section 78-285 to allow the placement of
logo medallions on the approved building for the following described real property:
GANDER MOUNTAIN LEGAL DESCRIPTION
THE PLAT OF THE GANDER MOUNTAIN AT SANDTREE AS RECORDED IN PLAT
FLORIDA.
BOOK 11 1, PAGES 32 - 34, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
I. Section 78-285, Permitted signs, to allow for medallion logo tiles on the
building as accents.
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
approves an exception to Section 64, Code of Ordinances entitled "Distance limitations
between vendors, churches, and schools" to allow the sale of alcohol, specifically beer
and wine, at the Gander Mountain Planned Unit Development (PUD).
SECTION 5. This approval shall be constructed in compliance with the following
plans on file with the City's Growth Management Department:
1. Gander Mountain PUD, Elevation Renderings, 1 sheet, by Oppidan and
Ryan, January 2008.
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Date Prepared: March 31, 2008
Resolution 31,2008
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SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this I?* day of Wfk ,2008.
CITY OF PA mARDENS, FLORIDA
(1
ATTEST:
BY:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY: -
firistine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY
COUNCILMEMBER RUGS
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
AYE NAY ABSENT
J--
J--
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RESOLUTION 88,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING SECTION 4 OF
RESOLUTION 31, 2008 FOR TALL TALES RESTAURANT
LOCATED WITHIN THE GANDER MOUNTAIN PLANNED UNIT
THE WEST SIDE OF SANDTREE DRIVE, IMMEDIATELY SOUTH OF
THE NORTHLAKE COMMONS/HOME DEPOT SHOPPING CENTER,
AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
DEVELOPMENT (PUD) ON A 13.18-ACRE PARCEL LOCATED ON
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 Barrie Brown on behalf of KTJ
Limited Partnership 167 and Oppidan, Inc. to amend Section 4 of Resolution 31, 2008
to allow the sale of liquor in addition to beer and wine within the Tall Tales Restaurant
located within the Gander Mountain Planned Unit Development (PUD), which is located
on the west side of Sandtree Drive, immediately south of the Northlake
Commons/Home Depot shopping center, as more particularly described herein; and
WHEREAS, on March 25, 2008, the City Council adopted Resolution 31, 2008,
thereby approving an exception to the distance requirements between alcoholic
beverage vendors and the placement of logo medallions on the building; and
WHEREAS, the subject site has been rezoned by Ordinance 30, 2007 to a
Planned Unit Development (PUD) overlay with an underlying zoning of General
Commercial (CG-1). The subject site has a future land-use designation of Commercial
(C); and
WHEREAS, the master plan for the Planned Unit Development (PUD) was
approved through the adoption of Resolution 106, 2007 by City Council on November 1 ,
2007, which approved a 120,000-square-foot retail building on a 13.18-acre site; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
Date Prepared: September 23, 2008
Date Prepared: September 23, 2008
Resolution 88, 2008
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WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is 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 Miscellaneous (MISC-08-08-000046) application of Barrie Brown
on behalf of KTJ Limited Partnership 167 and Oppidan, Inc. is hereby APPROVED to
allow the sale of liquor in addition to beer and wine within the Tall Tales Cafe on the
following described real property:
GANDER MOUNTAIN LEGAL DESCRIPTION
THE PLAT OF THE GANDER MOUNTAIN AT SANDTREE AS RECORDED IN PLAT
FLORl DA.
BOOK 11 1 , PAGES 32 - 34, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
1. Section 78-285, Permitted signs, to allow for medallion logo tiles on the
building as accents.
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
approves an exception to Section 64, Code of Ordinances entitled “Distance limitations
between vendors, churches, and schools” to allow the sale of alcohol- - at the Gander Mountain Planned Unit Development (PUD).
..
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.
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Date Prepared: September 23, 2008
Resolution 88, 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
VOTE:
MAY OR JABLl N
VICE MAYOR LEVY
COUNCILMEMBER RUSSO
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
-- AYE NAY ABSENT
---
G:\attorney-~hare\RESOLUTlONS\2008\gander liq logo- reso 88 2008.doc
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 29,2008
Meeting Date: October 16,2008
Resolution 96,2008
SUBJECT/AGENDA ITEM
Resolution 96,2008: PGA Commons: Miscellaneous request for display of artwork
Consideration for Approval: A request from Marty Minor of Urban Design Studio, as agent for Joel Channing,
Trustee of the PGA Commons Land Trust, for approval to display artwork along PGA Boulevard within the
PGA Commons East, Central and West Planned Unit Development (PUD).
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Interim City
Attorney
AICP
Growth Manag
Administrator
Approved By:
City Manager
I Ronald M. Ferris
Originating Dept.:
3rowth Management:
Project
Manager
Richard
Senior Planner
1x1 Quasi -Judicial
[ ] Legislative
[ 3 Public Hearing
Advertised:
Date: NIA
Paper: Palm Beach Post
[ 3 Required
[XI Not Required
Affected Parties:
[ ]Notified
[ x] Not Required
FINANCE:
Finance
Administrator:
NIA
Allan Owens
Senior Accountant:
Tresha Thomas
Fees Paid: [ 3
Date:
BYSLGdC
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ 3 App. wl conditions
[ 3 Denied
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
1. Project Narrative
and Application
2. Resolution 96,2008
3. Artwork Graphics
4. Location Plan
Date Prepared: September 29,2008
Meeting Date: October 16,2008
Resolution 96,2008
EXECUTIVE SUMMARY
The mixed-use project PGA Commons Planned Unit Development (PUD) was approved in 1999, via
Ordinances 7, 8, and 9, 1999. Currently, the owner is seeking approval to display additional artwork alongside
PGA Boulevard. City Code Section 78-221, “PGA Boulevard corridor overlay”, permits art in public places to
be displayed in the greenbelt, however, since this art is in addition to the previously approved art in public
places artwork, the Applicant has petitioned City Council for approval of the subject request.
DISCUSSION
The PGA Commons Planned Unit Development (PUD) was approved in 1999, via Ordinances 7,8, and 9, 1999.
In order to provide a distinct pedestrian experience within the overlay and identity for the mixed-use
development, the Applicant is proposing to provide additional artwork to be displayed alongside PGA
Boulevard. The subject request is for approval of eight (8) locations for the artwork to be displayed throughout
the PUD: one location within PGA Commons West; six locations within PGA Commons Central; and one
location within PGA Commons East (please see attached location plan).
It is important to note that the pieces may be removed and replaced with different pieces from time to time. Staff
has added a condition of approval requiring the removal of any artwork that may be deemed offensive or not in
harmony with the purpose and intent of the PGA Boulevard overlay (please see conditions of approval). The
Applicant proposes to have a small placard at each piece of artwork identifying where more information about
the artwork can be obtained. The Applicant has stated that the placards will not indicate the artwork is for sale or
the price of the piece.
The proposed artwork will be secured, pursuant to Florida Building Code (FBC) requirements, on concrete pads.
The artwork will be set back a minimum of fifteen feet from the PGA Boulevard right-of-way. Furthermore, the
Applicant has agreed to a condition of approval that if the artwork is removed and not replaced, the landscaped
area will be restored to its original condition.
LAND USE AND ZONING
The property has a Mixed-Use (MXD) land use designation, and has a Mixed-Use Planned Unit Development
(MXD PUD) zoning classification.
STAFF ANALYSIS
Staff does not believe the proposed artwork will be in conflict with the intent and purpose of the greenbelt.
Furthermore, staff believes that the proposed artwork will further enhance the existing visual character of the
corridor and encourage people to walk along PGA Boulevard and experience the various pedestrian amenities
that have been created.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 96,2008.
2
September 1 1 , 2008
Ms. Kara Irwin, AICP
Growth Management Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 334 10
urban
de#n stu 0
Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: REQUEST TO ALLOW ADDITIONAL ARTWORK WITHIN PGA
COMMONS EAST, CENTRAL AND WEST PLANNED UNIT
DEVELOPMENTS
Dear Ms. Irwin:
Please accept this Miscellaneous petition request to allow the additional display of artwork along
PGA Boulevard within the PGA Commons East, Central and West Planned Unit Developments.
It is the desire of the owner of PGA Commons, Joel Channing, Trustee of the PGA Commons
Land Trust, Dated February 12, 1999, to place additional artwork on the subject project in
additional to the previously-installed Art in Public Places sculptures. This additional artwork
will create visual interest, enhance the PGA Boulevard streetscape and improve the pedestrian
experience.
The additional artwork is consistent with the purpose and intent of the City’s PGA Boulevard
Corridor Overlay which identifies the City’s desire “to create special character and aesthetics for
this corridor.”
The proposed artwork will be secured, pursuant to code requirements, on concrete pads. If the
artwork is removed and not replaced, the landscaped area will be restored to its original
condition. At each piece of artwork, small placards will be provided identifying where more
information about the artwork can be obtained. However, these placards will not indicate that
the artwork is for sale or the price of the piece. The pieces and location of artwork will be
required to be approved by the property owner prior to installation.
The PGA Boulevard Parkway along PGA Commons is one of the most pedesWisn-used and
pedestrian-friendly locations in the City. The addition of this artwork will further enhance this
area. SEp 13,22118
Attached for your consideration is the following requirement items:
Application fee of $1,650 477 S. Rosemary Avenue
Completed Development Application Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100
www.UDSonline.com
LCC35
561.366.1 1 1 1 fax
Proposed artwork and locations
Thank you for your assistance in this matter. We request to be placed on the next available City
Council agenda. Should you have any questions, please feel free to contact me at any time.
Sincerely,
Urban Design Studio
Marty R.A. Minor, AICP
Senior Project Manager
c: Joel Channing
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
10500 N. Military Trail, Palm Beach Gardens, FL 33410
(561) 799-4243 FAX (561) 799-4281
Rea ues t
0 Planned Community District (PCD)
0 Planned Unit Development (PUD)
0 Amendment to PCD, PUD or Site Plan
0 Conditional Use
0 Amendment to the Comprehensive Plan
0 Administrative Approval Miscellaneous
0 Other (Explain)
0 Annexation
0 Rezoning
0 Site Plan Review
0 Concurrency Certificate
0 Time Extension
Project Name PGA Commons Parcels 1.2.3 Additional Artwork Date Submitted: 9/11/08
Owner: Joel Channing. Trustee of the PGA Commons Land Trust. dated Februarv 12.1999
Applicant (if not Owner):
Applicants Address: 5520 PGA Boulevard. Suite 200, PBG, FL 33418
Telephone No. 561-630-8630
Agent (if not Owner): Urban Design Studio
Contact Person: Marty R.A. Minor, AICP E-Mail : mminor@,udsonline. com
Agent's Mailing Address: 477 S. Rosemaw Avenue, Suite 225, West Palm Beach. FL 33401
Agent's Telephone Number: 56 1 -3 66- 1 1 00 Fax Number: 561-366-1 11 1
FOR OFFICE USE ONLY
Petition Number:
- Fee
Application $ Receipt Number:
Date & Time Received:
1
Architect: Oliver Glidden & Spina Partners Phone Number: 561-684-6841
Engineer: N/A Phone Number:
Planner: Urban Design Studio Phone Number: 561-366-1 100
Landscape Architect: N/A Phone Number:
Site Information:
General Location: Parcel 1 : SW comer of PGA Boulevard and Avenue of the PGA
Parcel 2: SW comer of Hickory Drive and PGA Boulevard
Parcel 3: SE corner of Hickory Drive and PGA Boulevard
Address:
Section: 11 Township: 42 Range: 42
Acreage: 8.997 Current Zoning: PUD (MXD) Requested Zoning: PUD (MXD)
Flood Zone B Base Flood Elevation (BFE) - to be indicated on site plan N/A
Current Comprehensive Plan Land Use Designation: MXD and RH
Existing Land Use: Vacant/Mixed Use Buildinns Requested Land Use: Mixed Use Proiect
Proposed Use (s) i.e. Hotel, single family residence, etc: NIA
Proposed Square Footage by Use: N/A
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if
applicable): N/A
2
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request:
additional artwork, in excess of the Art in Public Places requirement. within PGA Commons
East. Central and West PUDs along PGA Boulevard.
2. What will be the impact of the proposed change on the surrounding area?
The additional artwork will enhance the aesthetics of PGA Boulevard.
3. Describe how the rezoning request complies with the City’s Vision Plan and the
following elements of the City’s Comprehensive Plan - Future Land Use, Transportation,
Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space,
Intergovernmental Coordination and Capital Improvement. This request is for an Miscellaneous
amendment and not a rezoning request.
The arplicant is seeking an Miscellaneous request to place
4. How does the proposed project comply with City requirements for preservation of
Natural resources and native vegetation {Section 78-301, Land Development Regulations.}
Not applicable.
5. How will the proposed project comply with City requirements for Art in Public
Places? {Chapter 78-261, Land Development Regulations.}
The required Art in Public Places artwork have been installed. This request is for additional
artwork on site.
6. Concurrency Certification? Confirmed as part of the original approval Ordinance 8, 1999.
Date Received: Not Applicable
3
Legal Description of the Subject Property
(Attach additional sheets if needed)
PGA Commons Plat 1, Plat 2, Plat 3, Plat 4, Plat 5
Location
The subiect properties are located southwest of the intersection of Avenue of the PGA and PGA
Boulevard and southeast and southwest of the intersection of Hickorv Drive and PGA Boulevard.
4
OWNERS AGREEMENT
Before me, the undersigned authority, personally appeared JOEL CHANNING, TRUSTEE OF
THE PGA COMMONS LAND TRUST, DATED FEBRUARY 12,1999, who being first duly sworn
on oath, deposes and say:
1. That, he is the Trustee of the property, known as PGA Commons Parcel 1,2 and 3 PUD,
described on the attached Exhibit "A" located in the City of Palm Beach Gardens, Florida; and
2. That, JOEL CHA"ING, TRUSTEE OF THE PGA COMMONS LAND TRUST, DATED
FEBRUARY 12, 1999, is requesting a Miscellaneous amendment to the PGA Commons Parcels
1,2 and 3 Planned Unit Development on the above described property.
3. That, JOEL CHANNING, TRUSTEE OF THE PGA COMMONS LAND TRUST, DATED
FEBRUARY 12,1999, has full authority to file and pursue this application and that he is
authorized to act on behalf of, in connection with such filing.
4. That, JOEL CHA"ING, TRUSTEE OF THE PGA COMMONS LAND TRUST, DATED
FEBRUARY 12,1999, has appointed URBAN DESIGN STUDIO and MARTY R.A.
MINOR to act as Agent in its behalf to accomplish the above.
5. That, JOEL CHANNING, TRUSTEE OF THE PGA COMMONS LAND TRUST, DATED
FEBRUARY 12,1999, commits to proceed with the proposed development in accordance with
the Ordinance and such conditions and safeguards as may be set by the City Council in such
Ordinance; and
6. That, JOEL CHANNING, TRUSTEE OF THE PGA COMMONS LAND TRUST, DATED
FEBRUARY 12,1999, or its successors or assigns, commits to complete the development
according to the plans approved by such Ordinance, and to continue operating and maintenance
to such areas, functions, and facilities as are not to be provided, operated or maintained by the
City of Palm Beach Gardens pursuant to written agreement; and
7. That, JOEL CHANNING, TRUSTEE OF THE PGA COMMONS LAND TRUST, DATED
FEBRUARY 12, 1999, commits to bind any successors in title to any commitments made in the
approval.
Commons Land
February 12,1999
Sworn to and subscribed before me this fo day of
(Notary Seal)
v) 2
%. AVENUE OF PGA e--
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0
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a
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(P P
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I il
# 00 I ;a 0 n k U 8
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I Proposed Sculpture I 1
for PGA Commons
By RosettaStone Fine Art Gallery
5.16.2008
1. Swerve
Kevin Barrett
Painted Aluminum
99x45~32
2. looks like Rain
Reven Swanson
Painted Aluminum &Steel
156" height
3. LookSharp
Kevin Barrett
Painted Aluminum
114x48~36
4. Unknown Dreams
Roberto Santo
Bronze
91" height
$42,000
$180,000
5. Doyole Trouble
Kevin pdrrett
Paintdd /Aluminum
42x26~47 ,
,
6. Flig t of Mercury
Robertd Santo
Bronze ~
83" hei4ht
P
Robe Santo
Bronze ~
87" hhidht
11
8. RQ4kpot-t
Paint4 Aluminum
119x96/t48
d
$634,400 Total
$17,600
$85,000
$190,000
$55,000
SEP 12 2C@8
I 1
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RESOLUTION 96,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE
INSTALLATION OF ARTWORK AT THE PGA COMMONS
DEVELOPMENT; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City has received Petition MISC-08-09-000049 from Channing
Corporation for miscellaneous approval to allow the placement of artwork alongside
PGA Boulevard within the PGA Commons development; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by staff and other interested parties and the recommendations of the various
City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is 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 hereby approves the placement of artwork
alongside PGA Boulevard within the PGA Commons development.
SECTION 3. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Plannina and Zoninq
1. If the artwork is deemed offensive or not in harmony with the character of
the PGA Boulevard Overlay, the Growth Management
require the removal of the artwork. (Planning & Zoning)
Administrator shall
Date Prepared: September 29, 2008
Resolution 96, 2008
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2. If the artwork is removed and not replaced with another piece, the
landscaped area shall be replanted per the approved landscape plan.
(Planning & Zoning)
3. All artwork shall be setback a minimum of 15 feet from the PGA Boulevard
right-of-way. (Planning & Zoning)
SECTION 4. This Resolution shall become effective immediately upon adoption.
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
G:\attorney-share\RESOLUTlONSEOO8~ga commons artwork - reso 96, 2008.doc
2
c:
i
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 23,2008
Meeting Date: October 16,2008
Resolution 93,2008
SUBJECT/AGENDA ITEM
Resolution 93, 2008: Christ Fellowship- Paint Color modifications to the Christ Fellowship
North Campus Buildings
Public Hearing and Consideration for approval: A request by Mr. Donaldson Hearing of Cotleur &
Hearing, Inc., as the agent for the Christ Fellowship Planned Unit Development, for approval of
paint color modifications to the Christ Fellowship North Campus building. The existing 20-acre
North Campus is generally located on the north side of Northlake Boulevard approximately one (1)
mile west of Military Trail.
[XI Recommendation to APPROVE
[ ] Recommendation to D1
Max Lohman ’
k LVW Developmen
Compliance
Bahareh Wolfs, AICP
Growth Manage
Administrator
Approved By:
City Manager
Ronald M. Ferris
G/L
Originating Dept.:
Growth Management:
Project
Manager
Allyson Maiwurm
Resource Manager
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: N/A
Paper: N/A
[ ] Required
[XI Not Required
Affected Parties: e ] Notified
[XI Not Required
FINANCE:
Seniort \\
Tresha Thomas
Costs: $ N/A
Total
$ N/A
Current FY
Funding Source:
[ ] Operating
[XI Otherx
Budget Acct.#:
N/A
PZAB Action:
[ X ] Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
0 Project Narrative
0 Northlake Coalition
Resolution 83,2005
0 Resolution 93,2008
0 ColorChart
0 Reduced Elevations
support
Date Prepared: September 25,2008
Meeih~g Dak octobcr 16,2008
Reaowhl93,2008
subiect proDertv
Existing North Cam-, Vacant
BACKGROUND
The Christ Fellowship Church campus is comprised of two (2) sites located opposite each other
along Northlake Boulevard west of Military Trail. On November 20, 1997, the City Council
adopted Ordinance 20, 1997 approving the Christ Fellowship North Campus Planned Unit
Development (PUD). On July 15, 1999, the City Council adopted Ordinance 23, 1999 amending
Ordinance 20, 1997 to allow for changes to the elevations and floor plans to the Christ Fellowship
North Campus PUD. On November 17, 2005, the City Council adopted Ordinance 18, 2005 and
Resolution 83, 2005 which allowed for the development of an expansion to the North Campus, as
well as a conditional use for the expanded Christ Fellowship Campus. Resolution 83, 2005 also
contained the approved building elevations that provided the colors of the buildings to be built as
‘Cloud Clover’ and ‘Grant Beige’ which was consistent with the other buildings.
Resideotial Low-3 (RL-3)
Planned Development Area dPUD Overlay Residential Low w)
SUBJECT REOUEST
The Christ Fellowship Church is seeking approval for paint modifications to the Christ Fellowship
building on the North Campus. The applicant wishes to modify the approved building paint colors
from Benjamin Moore ‘Cloud Clover’, ‘Grant Beige’, and ‘Sandal Wood’ to Benjamin Moore
‘Intrigue’, ‘Copper Kettle’, ‘Autumn Leaf, ‘Stone House’, and ‘Lady Finger’ (see attached). The
color changes are being requested to incorporate an earth tone theme for the buildings within the
Christ Fellowship PUD. The theme is consistent with many new projects within Palm Beach
Gardens. The pallet reflects a modern but classic look which helps support the design of the
buildings.
-
N* The Hunt Club Residential PUD
south Church ofthe Nazarene. Christ Fellowship south Campus;
HarseshoeAcres
Eest P3 county Senior Center/ Cbrist Fellowship Special Needs
Center & maCe of Hope
LAND USE & ZONING
The existing North Campus has a Residential Low Density3 (RL-3) underlying zoning designation
with a Planned Unit Development (PUD) Overlay and a land-use designation of Residential Low
(RL,). The east 20 Acres has a Planned Development Area (PDA) zoning designation and a land-
use designation of Residential Low (RL) yith a conditional use for the church facility.
The existing land uses and zoning designations of properties surrounding the subject site are
provided in the following table:
(PDA)
Residential Low-3 W3) LOW (m) WiPUD overlay
Residential Low-3 (RL-3)
w/-tid use Low (RL)
RedentdEstades
PBC Professid O!%ice PBC Institutional (INST)
(~)&~~~~~ Residential (m-8)- Lo,,,
Special EsceptiOn (SE)
wv/mderlying of High
Residenu (LR- I )
ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS
ExislWGUsE I ZONMG I LAND VSE
west Cypress Hollow PUD
Residential LOW-3 (RL-3) Re Low I wmoverlay I
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Date Prepared: September 2% 2008
Meeting Dak October 16,2008
Resolution 93,2008
STAFF ANALYSIS
Staff has looked at the colors proposed and found them to be consistent with other developments in
Palm Beach Gardens such as PGA Commons and Midtown along PGA Boulevard. Staff has visited
the site and taken pictures of the visual corridors from the roadway and has determined that it is not
out of character with the style of the surrounding area.
Also, on September 23, 2008, Joan Altwater, President of the Northlake Neighborhood Coalition,
Inc, wrote an email to Kara Irwin, Growth Management Administrator in support of the paint color
modifications to the Christ Fellowship North Campus.
PLANNING, ZONING, AND APPEALS BOARD
On September 16, 2008, the Planning, Zoning, and Appeals Board reviewed the subject petition and
voted unanimously with a 7-0 vote to approve the paint color modifications.
STAFF RECOMMENDATION
Staff is recommending APPROVAL of Resolution 93, 2008 to modify the colors of the buildings
on the North Campus of the Christ Fellowship Planned Unit Development.
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Current Colors
Christ Fellowship Church
Proposed Colors
cloud cover
grant beige I
navajo white
iYbl--- 1045
Cotleur & Hearing Landscape Architecture I Land Planners I Environmental Consultants
1934 Commerce Lane . Suite 1 . Jupiter, FL . 33458 . Ph 561.747.6336 . Fax 561.747.1377 . www.cotleurhearing.com . tic # LC-COO0239
CHRIST FELLOWSHIP
MISCELLANEOUS PETITION
STATEMENT OF USE
Introduction
Christ Fellowship Church, the applicant, is seeking approval of a miscellaneous peti.,m for paint
color modifications to the Christ Fellowship buildings. The applicant believes that the proposed
modifications in this request are consistent with the classification of a miscellaneous petition.
The applicant wishes to modify the approved building paint colors from Benjamin Moore Cloud
Cover, Grant Beige, and Sandal Wood to Intrigue, Copper Kettle, Autumn leaf, Stone House,
and Lady Finger. ?he color changes are being requested to incorporate an earth tone theme for
the buildings within the Christ Fellowship PUD. The theme is consistent with many new projects
within Palm Beach Gardens. The pallet reflects a modern but classic look which helps support
design that will stand the true test of time. Paint chips of the proposed colors, as well as
renderings, have been provided with this request.
Agent
Cotleur & Hearing, Inc.
1934 Commerce Lane, Suite 1
Jupiter, FL 33458
Phone: (561) 747-6336
Fax: (561) 747-1377
Contact: Donaldson Hearing
Applicant/Property Owner
Christ Fellowship Church
5343 Northlake Boulevard
Palm Beach Gardens, FL 33418
Phone: (561) 799-7600
Fax: (561)622-1718
Conclusion
All goals, objectives and policies of the City of Palm Beach Gardens Comprehensive Plan and
Land Development Regulations and Development Order requirements have been met by this
application. The proposed modification to the paint colors is consistent with the surrounding
uses, both interior and exterior to the site. This request will not adversely impact surrounding
properties. The requested modification is necessary and timely as the Applicant is in the final
construction phase of development for the project.
From: Northlake Neighborhood Coalition, Inc.
To: Kara Irwin
Cc: Donaldson Hearing
Sent: Tue Sep 23 07:05:50 2008
Subject: Fw: Christ Fellowship
Good morning, Kara. The Northlake Neighborhood Coalition, Inc. (NNC) was contacted by Don Hearing
regarding a proposed change in color scheme for the large addition to Christ Fellowship's (CF's) North
Campus. We have reviewed the colors and wanted you to know the NNC has no issues with regard to the
color scheme.
The NNC continues to meet on a quarterly basis with representatives from CF; Don Hearing has been a
valuable player on the CF team and we look forward to his continued involvement as a community liaison
with our group.
Should you have questions, please contact me at 626-4929.
Best regards,
Joan Altwater, President
Northlake Neighborhood Coalition, Inc.
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Date Prepared: June 1,2005
As Amended: November 17,2005
RESOLUTION 83,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE CHRIST FELLOWSHIP NORTH CAMPUS PLANNED UNIT
DEVELOPMENT (PUD), LOCATED ON THE NORTH SIDE OF
NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE WEST
OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO INCORPORATE AN ADDITIONAL 20 ACRES AND TO
EXPANSION TO THE NORTH CAMPUS; GRANTING
CONDITIONAL USE APPROVAL FOR THE EXPANDED CHRIST
FELLOWSHIP CAMPUS; AMENDING CERTAIN CONDITIONS OF
APPROVAL FOR THE NORTH CAMPUS; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
ALLOW THE DEVELOPMENT OF A 127,708SQUARE-FOOT
WHEREAS, on November 20, 1997, the City Council adopted Ordinance 20,
1997, thereby approving the Christ Fellowship North Campus Planned Unit
Development (PUD) and the master development plan for said PUD; and
WHEREAS, on July 15, 1999, the City Council adopted Ordinance 23, 1999
amending Ordinance 20, 1997 to allow for changes to the elevations and floor plans for
the aforesaid PUD; and
WHEREAS, the City has received a request (Petitions PUD-01-03 & PUD 03-01)
from Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for approval of: (1)
an amendment to the Christ Fellowship North Campus Planned Unit Development
(PUD) to allow the incorporation of 20 acres of land lying immediately east of the
existing North Campus into the PUD to facilitate the development of a 1593 80-square-
foot expansion to the North Campus; (2) a conditional use for the expanded Christ
Fellowship Campus; and (3) the deletion of certain conditions of approval for the North
Campus, generally located on the north side of Northlake Boulevard approximately one
(1) mile west of Military Trail, as more particularly described herein; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City’s Land Development
Regulations and Comprehensive Plan, and has recommended approval; and
WHEREAS, by adoption of Ordinance 18, 2005, the City Council determined that
the site plan approvals and related conditions for the Christ Fellowship North Campus
PUD contained in Ordinance 20, 1997 and Ordinance 23, I999 shall be transferred to
this Resolution; and
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Date Prepared: June 1,2005
Resolution 83,2005
WHEREAS, the City Council has -considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staR and
WHEREAS, the City Council has determined that adoption of this Resolution is 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 amended Master Development Plan for the Christ Fellowship
North Campus Planned Unit Development is hereby APPROVED on the following
described real property to permit the following development:
0 a 127,708-square-foot expansion of ancillary uses to an existing religious
institute on the existing North Campus; and
0 a conditional use approval for the entire 40-acre Christ Fellowship North
Campus PUD
on an approximately 40-acre site located along the north side of Northlake Boulevard
approximately one (1) mile west of Military Trail, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided
by ordinance:
LEGAL DESCRl PTION:
“WEST 20 ACRES’
THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88O30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE
NORTH l”57’07” EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 1,332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE
SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59,
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Date Prepared: June 1,2005
Resolution 83,2005
PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
88O25'09" EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET; THENCE SOUTH
1O57'07" WEST ALONG A LINE PARALLEL TO AND 693.87 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 1,331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 14; THENCE NORTH 88'30'27" WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING.
CONTAINING 20.00 ACRES, MORE OR LESS.
-and-
"EAST 20 ACRES"
THE NORTH 691.11 FEET LESS THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 1O57'07" EAST ALONG THE WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,332.94 FEET TO
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 14, SAID LINE ALSO BEING THE SOUTH LINE OF
THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162
THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88O25'09"
EAST ALONG SAID LINE, A DISTANCE OF 693.88 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 88O25'09" EAST ALONG SAID LINE, A
DISTANCE OF 629.59 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 1°57'07"
WEST ALONG SAID EAST LINE, A DISTANCE OF 691.1 1 FEET TO A LINE 691 .ll
FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88O25'09" WEST
ALONG SAID LINE, A DISTANCE OF 631 .OO FEET TO A LINE 693.87 FEET EAST OF
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
NORTH l"57'07" EAST ALONG SAID LINE, A DISTANCE OF 691.12 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS
THE NORTH 691.11 FEET THEREOF AND LESS THE WEST 693.87 FEET
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Date Prepared: June 1,2005
Resolution 83,2005
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88O30’27’’ EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 693.89 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 88O30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 632.30 FEET TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14;
THENCE NORTH 1O50’07” EAST ALONG SAID EAST LINE, A DISTANCE OF 639.77
FEET TO A LINE 691.1 1 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
NORTH 88O25’09” WEST ALONG SAID LINE, A DISTANCE OF 631.00 FEET TO A
LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 14; THENCE SOUTH 1O57’07” WEST ALONG SAID LINE, A
DISTANCE OF 640.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 19.28 ACRES, MORE OR LESS.
TOTAL LAND COMBINED CONTAINING 39.28 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following six (6) waivers:
1.
2.
3.
4.
5.
6.
Section 78-315(b) of the City’s LDRs, entitled Landscape islands, to allow
for more than nine (9) parking spaces in a row without the inclusion of a
landscape island.
Section 78-414 of the City’s LDRs, entitled Number of spaces reguired
(bicycle parking), to allow for 48 bicycle parking spaces.
Section 78-141 of the City’s LDRs, entitled Residential zoning district
regulations, to allow for a building height of 38 feet, 10 inches.
Section 78-1 59(j)(49) of the City’s LDRs, entitled Additional standards, to
allow for 1,086 grassed parking spaces (59% of required parking).
Section 78-344 (1)(1) of the City’s LDRs, entitled Minimum dimensions (of
off-street parking), to allow for 777 parking spaces at 9.5 feet in width.
Section 78-345(d)(l) of the City’s LDRs, entitled lncmase of parking spaces
allowed, to allow for 1,866 parking spaces to be provided on site.
SECTION 4. Said Planned Unit Development is approved subject to the
following amended conditions, which shall be the responsibility of the Applicant, its
successors, or assigns:
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Traffic
Date Prepared: June 1 , 2005
Resolution 83,2005
1. The four (4) traffic lanes located at the western portion of the site which
provide access to/from Northlake Boulevard shall be utilized as follows:
a) Following all services and events, traffic cones or other similar traffic
devices shall be utilized so as to limit ingress to the site to one (1) lane;
egress shall be provided via two (2) left-turn lanes and one (1) right-turn
lane. NO LONGER APPLICABLE.
b) During all other times, two (2) lanes shall be used as inbound lanes and two (2) lanes shall be used as outbound lanes. NO LONGER
APPLICABLE.
2. The owner or successor shall utilize police or equally-trained officials at all
ingress and egress points along Northlake Boulevard for the management
of traffic flow and direction before and after all events, including regularly
scheduled events. The petitioner shall maintain a minimum of four (4)
police or equally-trained officials at all times for the direction and control of
traffic entering and exiting the site in accordance with the recommendations
made by the City’s traffic consultant, MTP Group, Inc., in the memorandum
dated March 15, 2005, prepared by MTP Group, Inc., on file with the City’s
Growth Management Department. The petitioner shall adjust and provide
the appropriate number of police officers required for traffic circulation
management as based on the varying field conditions and police officer
recommendations. As a guideline, traffic on Northlake Boulevard shall not
be stopped for more than ninety (90) seconds during the traffic control
period. Priority shall be given to Hunt Club Drive with regard to traffic
management and access onto Northlake Boulevard in an effort to minimize
the impact on surrounding residents. (Planning & Zoning)
3. The Applicant shall comply with the following conditions and
recommendations outlined in the memoranda prepared by the City’s traffic
consultant, MTP Group, Inc., dated July 29, 2004, and March 15, 2005, on
file with the City’s Growth Management Department:
a) Prior to the issuance of the first Certificate of Occupancy for the new
buildings, the Applicant shall convert the existing exclusive westbound
right-turn lane to a shared throughhight-turn lane at the intersection of
Northlake Boulevard and Military Trail.
b) The Sunday service shall be moved from 11 :45 a.m. to 12:OO noon. The required time between services may be modified by the Growth
Management Administrator, as necessary, to improve traffic operations.
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Date Prepared: June 1,2005
Resolution 83,2005
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c) Traffic circulation on site shall be in accordance with the Traffic
Operation Plan on file with the City’s Growth Management Department.
Said traffic plan may be amended by the City’s Police Chief and/or City
Engineer as appropriate for traffic operations.
d) The Applicant shall, with trained personnel, monitor traffic conditions at
the driveways, as well as internal traffic circulation, to minimize traffic
impact to Northlake Boulevard. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall prepare plans and submit an
application to Palm Beach County Traffic Division for review and approval of
a manually-operable traffic signal at the east entrance to the site. (City
Engineer, Planning & Zoning)
Prior to the issuance of the first certificate of occupancy, the Applicant shall
install a manually-operable traffic signal at the east project entrance, as
approved by Palm Beach County Traffic Division. (City Engineer, Planning
& Zoning)
Prior to construction plan approval, the Applicant shall provide surety for
signalization of the east entrance. Per LDR Section 78-309, the required
surety shall be based on a cost estimate for the project improvement. The
cost estimate shall be signed and sealed by an engineer registered in the
State of Florida. Surety will be based on 110% of the total approved cost
estimates and shall be posted with the City prior to the issuance of the first
building permit. (City Engineer)
Prior to the issuance of the Certificate of Completion for the new parking
areas on the East 20 Acres, the right-turn lane on Northlake Boulevard onto
Hunt Club Drive shall be installed and completed. In the event that
construction of the turn lane is delayed due to permitting or other good
cause, the Growth Management Administrator may grant an extension
provided a good-faith effort to satisfy the condition has been documented by
the Applicant. (City Engineer)
Enaineerinq
8. Prior to the issuance of the first building permit, all necessary permits shall
have been obtained from South Florida Water Management District
(SMIMD), Health and Rehabilitative Services, and Palm Beach County.
(City Engineer)
9. Prior to the issuance of the first building permit, the property owner or
successor must obtain a driveway connection permit from Palm Beach
County for the Northlake Boulevard entrance. (City Engineer)
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Police
Date Prepared: June 1 , 2005
Resolution 83,2005
10. The Applicant shall copy to the City all permit applications, certifications,
and approvals. (City Engineer)
11. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall provide surety for public infrastructure and all
landscaping and imgation costs. Per LDR Section 78-309, the required
surety shall be based on a cost estimate for the project, including public
infrastructure and all landscaping and irrigation costs, for review and
approval by the City in order to establish surety. The cost estimate shall be
signed and sealed by an engineer and landscape architect registered in the
State of Florida. Surety will be based on 110% of the total combined
approved cost estimates and shall be posted with the City prior to the
issuance of the first building permit. (City Engineer)
12. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall provide a cost estimate for the on-site project
improvements, not including public infrastructure, landscaping, and irrigation
costs, for review and approval by the City. The cost estimate shall be
signed and sealed by an engineer registered in the State of Florida and
shall be posted with the City prior to the issuance of the first building permit.
(Building Department)
13. Prior to construction plan approval and the issuance of the first land
alteration or building permit, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
14. By January 16, 2006 (sixty (60) days from the effective date of this
Resolution), the Applicant shall submit a revised photometric plan, signed
and sealed by an engineer registered in the State of Florida, for review and
approval by the City Engineer. Said plan shall be approved by way of an
administrative approval so long as the plan is consistent with the
requirements of the LDRs and shall be approved prior to the issuance of the
first building permit. (City Engineer)
15. Prior to construction plan approval, the Applicant shall provide adequate
response to drainage concerns, including, but not limited to, showing on the
engineering plans and constructing two 8" x 8" weep holes within the 6 wall
for each adjacent Hunt Club lot (28 total weep holes), per SFWMD
specifications, as outlined at the March 11 , 2004, meeting with SFWMD and
the City Engineer. (City Engineer)
16. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police Department)
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Date Prepared: June 1,2005
Resolution 83,2005
17. All lighting for streets, parking lots, and pedestrian walkways shall be metal
halide. Metal halide lighting shall be used for the multi-use pathways and
sidewalks within the site and shall be lit at a minimum of 0.6-foot candles.
(Police Department)
18. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department)
19. Entry signage shall be lighted. (Police Department)
20. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police
Department)
21. Numerical addresses shall: (1) be unobstructed; (2) be illuminated for
nighttime visibility; and (3) have bi-directional visibility from the roadway.
(Police Department)
22. All structures shall use the following target hardening techniques:
a) Buildings shall be pre-wired for an alarm system.
b) Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c) Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
d) Rear doors shall have 180degree peephole viewers.
e) All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police Department)
LandscaDinq
23. The owner or successor shall be responsible for the perpetual maintenance
of landscaping within the Hunt Club Drive right-of-way from Northlake
Boulevard to the northern terminus of the church property. (City Forester)
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Date Prepared: June 1,2005
Resolution 83,2005
24. If at any time the City determines that maintenance of the grass parking
area is in disrepair or poor appearance, the City may require the owner or
successor to pave the parking area within one-hundred-eighty (180) days of
receipt of written notice by the City. All such paving shall be conducted
according to City standards at the time of paving. All costs shall be the
responsibility of the owner or successor. At the time of paving, a landscape
island shall be installed for every nine (9) parking spaces located in a row
within the areas being paved. (City Forester)
25. By May 17, 2006 (six (6) months from the effective date of this Resolution),
the property owner shall reimburse the City for the City's cost to install all
landscaping and irrigation within the Northlake Boulevard medians
extending from the eastern terminus of the property to Hunt Club Drive.
(City Forester)
26. The Applicant, successors, or assigns shall be responsible for payment to
the City of their annual fair share of the maintenance of the Northlake
Boulevard medians and north road shoulder extending from the eastern
terminus of the property to Hunt Club Drive. (City Forester)
27. By February 17, 2006 (three (3) months from the effective date of this
Resolution), the property owner shall replace all landscaping removed due
to its death, disease, damage, insect infestation, or hurricane damage, as
shown on the approved landscape plan for the west parcel. (City Forester)
28. By May 17, 2006 (six (6) months from the effective date of this Resolution),
the property owner shall remove all prohibited and invasive non-native
plants from the property. (City Forester)
29. Prior to the issuance of the first building permit, the Applicant shall update
the landscape plan to a scale of 1" = 20'. (City Forester)
30. Prior to the issuance of the first building permit, the Applicant shall erect and
maintain protective barriers around the drip line of trees adjacent to
proposed improvements. All work shall be inspected and approved by the
Landscape Architect of Record and the City Forester. (City Forester)
31. All trees or plants proposed for relocation that die as a result of relocation
shall be replaced using the following schedule: for every inch of tree caliper
lost, three (3) inches of new tree caliper shall be replaced with a like specie.
Palms shall be replaced with like specie, one (1) for one (l), with a minimum
ten (IO) foot height. Shrubs shall be replaced with like specie, one (1) for
one (l), with a minimum 30-inch height. If the site cannot support the total
number of replacement trees as required above, the City Council may
permit the developer to donate excess trees to the City for planting on public
lands. (City Forester)
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Resolution 83,2005
32. Prior to the issuance of the clearing permit for the East 20 Acres, the
Applicant shall submit revised landscape plans reflecting (1) a minimum of
75% of the shrub species on site shall be selected from the City’s Preferred
Species List; (2) the minimum height of all canopy trees installed from the
front face of the buildings to the property line along Northlake Boulevard
shall be 16 feet; and (3) foundation landscaping shall be installed along the
outside of all internal walls and new structures meeting City Code
requirements. (City Forester)
Planninq and Zoning
33. The number of fixed and/or moveable seats within the sanctuary shall at no
time exceed 1,750. (Code Enforcement)
34. Prior to the issuance of the clearing permit for the East 20 Acres, the
Applicant shall erect a six (6) foot wall along the entire north property line of
the site. (Planning & Zoning)
35. No parking of vehicles shall occur in the retention area north of the
northemmost parking lot. (City Forester)
36. All conditions from Ordinance 20, 1997 shall remain in full force and effect.
(Planning & Zoning) NO LONGER APPLICABLE
37. The northern open space shall be used for recreational open space. No
drive-aisles shall be extended to the northern green area without approval
by City Council. (Planning & Zoning)
38. The church sanctuary and related facilities and surrounding grounds shall
be used by members only for regularly scheduled services, including
services on Christmas Day and Easter Sunday, and for no more than lhree
(3) additional events per calendar year. The church sanctuary and related
facilities shall not be leased, rented, or in any way made available for use as
an auditorium, theater, or similar gathering place for non-member events of
any kind. Regularly scheduled services shall be defined as services
occurring on Saturday evening, Sunday morning, and a mid-week evening.
(Planning & Zoning, Code Enforcement)
39. All applicable municipal and county impact fees shall be payable
contemporaneous with issuance of any building permit for vertical
construction. (Planning & Zoning, Building Official)
40. The owner or successor shall not utilize a loudspeaker, sound amplifier,
radio, phonograph, or similar sound amplifying device to emit any form of
sound outside the church sanctuary and related facilities. (Planning &
Zoning, Code Enforcement)
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Resolution 83,2005
41. No buildings on site shall be used as overflow areas or for supplemental
seating for presentations, programs, or sermons conducted in the
sanctuary. (Planning & Zoning, Code Enforcement)
42. To mitigate the traffic impacts of the Church project on adjacent roads and
neighborhoods, the City has determined that it is necessary to ensure that
services are not conducted concurrently on the North and South Campuses.
Therefore, concurrent live services on both the North and South Campuses
are prohibited. Additionally, concurrent broadcasts or webcasts of
presentations, programs, or sermons conducted in the sanctuary, whether
live, taped, or delayed, to any other location outside the sanctuary within the
City or to any parcel owned by the Church located within unincorporated
Palm Beach County adjacent to the North Campus shall be prohibited. This
condition shall not be construed to prohibit the broadcast or webcast of such
services to other remote locations or to individual personal computers or
other electronic devices. (Planning & Zoning, Code Enforcement)
43. Building A shall be limited to a capacity of 452 people. (Planning & Zoning,
Code Enforcement)
44. The Applicant shall place the utilities along Northlake Boulevard
underground from the eastern terminus of the North Campus to Hunt Club
Drive. The undergrounding of utilities by the Applicant shall be deferred
until such time as the comprehensive program for the same is initiated by
the City. (Planning & Zoning)
45. All audible noise on site shall not exceed applicable noise and decibel
requirements set forth in the City’s Code of Ordinances. (Planning &
Zoning )
46. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
47. Prior to the issuance of the first certificate of occupancy, the property shall
be replatted to include the entire site. (Planning & Zoning)
48. Prior to the issuance of the first building permit, the Applicant shall comply
with Section 78-262 of the City Code relative to Art in Public Places. The
Applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the
Applicant is providing public art on site, the art shall be installed prior to the
issuance of the first certificate of occupancy. (Planning & Zoning)
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Resolution 83,2005
49. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first certificate of occupancy. (GIs
Manager, Development Compliance Officer)
50. There shall be no vehicular access from the North Campus to the vacant
property owned by the church located to the northeast of the North Campus
until such time when said property is annexed into the City. (Planning &
Zoning)
51. Prior to the issuance of the first building permit, the Applicant shall explore
opportunities to utilize sound absorbing/dampening building materials in the
new buildings, and provide, in writing, details of the materials/methods to be
utilized to reduce the impact relative to sound on adjacent properties.
(Planning & Zoning)
52. Any outdoor recreational facilities constructed on the North Campus shall be
processed as a Major Amendment to the PUD pursuant to the City’s Land
Development Regulations. (Planning & Zoning)
53. The build-out date for this project is December 31, 2006. (Planning &
Zoning)
54. Parking in the grassed parking areas closest to the Hunt Club residential
development shall occur only during special events or regularly-scheduled
services. (Planning 81 Zoning)
55. Within twelve (12) months of the issuance of the Certificate of Occupancy
for Phase 2 (Youth Ministry Building), the Applicant shall submit a traffic
study to the City analyzing (1) the efficiency of the traffic flow into and out of
the North Campus; (2) the traffic flow along Northlake Boulevard adjacent to
the North Campus; (3) the traffic flow within the North Campus; and (4) the
traffic flow into and out of Hunt Club Drive. The study (1) shall be performed
during the peak hours of the Church’s operation; (2) shall be performed
during the “high season“ (December thru February); (3) shall be performed
at the Applicant’s expense; and (4) shall be reviewed by the City Engineer
and the Police Chief to determine areas in need of improvement with regard
to the traffic flow within and adjacent to the site. The Traffic Operation Plan
referenced in this resolution, to which the Applicant must adhere, may be
amended in accordance with the recommendations made by the City as a
result of the study. (Planning & Zoning)
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Resolution 83,2005
56. Immediately upon the issuance of the Certificate of Completion for the new
parking areas on the East 20 Acres, shuttle bus or any other type of
transportation service between the North and South Campuses shall cease,
except for the transportation of student youth which shall be permitted until
completion of the student ministry center. (Planning and Zoning)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans, as amended herein, on file with the City's Growth Management
Department:
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2.
3.
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5.
6.
7.
8.
9.
October 28, 1997, Conceptual Floor Plan and Section, Glenn Pate &
Associates, 2 sheets.
November 14, 1997, Landscape Plan, George G. Gentile & Associates,
Sheet L-1.
January 24, 1997, Landscape Elevations, George G. Gentile & Associates,
Sheet L-2.
February 21, 1997, Landscape Elevations, George G. Gentile & Associates,
Sheets L-3 through L-5.
November 3, 1997, Irrigation Plan, George G. Gentile 81 Associates, Sheet I-
1.
September 30, 1997, Conceptual Drainage Plan, Kimley-Horn and
Associates, Sheet C-1 .O.
March 19, 1999, Architectural Site Plan, Glenn Pate & Associates, Sheet SP-
1.
May 18, 1999, Building B Elevations (Children's Education), Glenn Pate &
Associates, Sheet A-1 .
June 25, 1999, Building B Floor Plan, Glenn Pate & Associates.
IO. May 18, 1999, Building A Floor Plan (Youth Ministry), Glenn Pate 81
Associates, Sheet A-2.
11. May 18, 1999, Building A Elevations, Glenn Pate & Associates, Sheet A-3.
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Date Prepared: June 1,2005
Resolution 83,2005
1 12. May 18, 1999, Building C Elevations, Glenn Pate & Associates, Sheets A-4,
2 A-5.
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4 13. May 1 1 1999, Letter from Glenn Pate & Associates.
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6 14. Site Plan: Sheets ASP-1 throuah ASP-3. Prepared bv Pate, Chernin and
7 Associates. last revised on October 18.2005. and received and stamDed by
8 the Citv on October 21.2005.
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10 15. LandSCaDe Plan: Sheets L-1 81 L-2. DreDared bv Gentile, Hollowav,
11 O'Mahonev & Associates, Inc., last revised on October 19, 2005. and
12 received and stamDed bv the Citv on October 21,2005.
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14 16. ConceDtual Floor Plans: Sheets A-1 & A-2, orepared bv Pate, Chernin and
15 Associates, last revised on October 18. 2005, and received and stamDed bv
16 the Citv on October 21,2005.
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18 17. Roof Plan: Sheet A-3, DreDared bv Pate, Chemin and Associates, last
19 revised on October 18. 2005, and received and stamped bv the Citv on
20 October 21,2005.
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18. Buildina Elevations: Sheets A4 throuah A-6. DreDared bv Pate. Chernin and
Associates, last revised on October 18.2005, and received and stamped by
the Citv on October 21.2005.
SECTION 6. All future amendments to the Christ Fellowship North Campus PUD
SECTION 7. Said approval shall be consistent with all representations made by
SECTION 8. This Resolution shall become effective immediately upon adoption.
shall be approved by resolution.
the Applicant or Applicant's agents at any workshop or public hearing.
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Date Prepared: June 1,2005
Resolution 03,2005
As Amended September 22,2005
PASSED AND ADOPTED this I'Tw day of /uode,& ,2005.
CITY OF PAL B AC G DENS, FLORIDA 7117 1 .-
g&p#fi%sso, Mayor
ATTEST: / /
BY:
Patricia Snider, CMC,kity Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
J
ALP-
J--
J--
- J-
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G:bttomey_share\RESOLUTlONSichriet fellowship - north campus - reso 83 2005as amended.doc
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Date Prepared: September 25, 2008
Resolution 93, 2008
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RESOLUTION 93,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 83, 2005
FOR THE CHRIST FELLOWSHIP NORTH CAMPUS PLANNED UNIT
DEVELOPMENT (PUD), LOCATED ON THE NORTH SIDE OF
NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE WEST
OF MILITARY TRAIL, AS DESCRIBED MORE PARTICULARLY
HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, on November 20, 1997, the City Council adopted Ordinance 20,
1997, thereby approving the Christ Fellowship North Campus Planned Unit
Development (PUD) and the master development plan for said PUD; and
WHEREAS, on July 15, 1999, the City Council adopted Ordinance 23, 1999
amending Ordinance 20, 1997 to allow for changes to the elevations and floor plans for
the aforesaid PUD; and
WHEREAS, on November 17, 2005, the City Council adopted Ordinance 18,
2005 determining that the site plan and related conditions for the Christ Fellowship
North Campus PUD in Ordinance 20, 1997 and Ordinance 23, 1999 shall be transferred
to Resolution 83, 2005; and
WHEREAS, the City has received a request (Petition MISC-08-09-000048) from
the Christ Fellowship Church to modify the paint colors for the North Campus; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is sufficient, and has recommended approval; and
WHEREAS, this petition (MISC-08-09-000048) was reviewed by the Planning,
Zoning, and Appeals Board at a public hearing on September 23, 2008, which
recommended approval by a vote of 7-0; 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
WHEREAS, the City Council has determined that adoption of this Resolution is 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:
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Date Prepared: September 25, 2008
Resolution 93, 2008
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended Master Development Plan for the Christ Fellowship
North Campus Planned Unit Development is hereby APPROVED on the following
described real property to permit the following development:
a 127,708-square-foot expansion of ancillary uses to an existing religious
institute on the existing North Campus; and
0 a conditional use approval for the entire 40-acre Christ Fellowship North
Campus PUD
on an approximately 40-acre site located along the north side of Northlake Boulevard
approximately one (1) mile west of Military Trail, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided
by ordinance:
LEGAL DESCRl PTION:
“WEST’20 ACRES
THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST OF SECTION 14, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 1’57’07” EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 1,332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE
SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59,
PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
88’25’09 EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET; THENCE SOUTH
1’57’07” WEST ALONG A LINE PARALLEL TO AND 693.87 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 1,331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 14; THENCE NORTH 88’30’27” WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING.
CONTAINING 20.00 ACRES, MORE OR LESS.
2
Date Prepared: September 25, 2008
Resolution 93, 2008
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“EAST 20 ACRES”
THE NORTH 691 .I 1 FEET LESS THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 1’57’07” EAST ALONG THE WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,332.94 FEET TO
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 14, SAID LINE ALSO BEING THE SOUTH LINE OF
THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162
THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88’25’09”
EAST ALONG SAID LINE, A DISTANCE OF 693.88 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 88’25’09’’ EAST ALONG SAID LINE, A
DISTANCE OF 629.59 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 1’57’07’’
WEST ALONG SAID EAST LINE, A DISTANCE OF 691 .I 1 FEET TO A LINE 691 .I 1
FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88’25’09 WEST
ALONG SAID LINE, A DISTANCE OF 631 .OO FEET TO A LINE 693.87 FEET EAST OF
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
NORTH 1’57’07” EAST ALONG SAID LINE, A DISTANCE OF 691.12 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS
THE NORTH 691.11 FEET THEREOF AND LESS THE WEST 693.87 FEET
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 693.89 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 632.30 FEET TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14;
THENCE NORTH 1’50’07” EAST ALONG SAID EAST LINE, A DISTANCE OF 639.77
FEET TO A LINE 691 .I 1 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
NORTH 88’25’09 WEST ALONG SAID LINE, A DISTANCE OF 631.00 FEET TO A
LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF
Date Prepared: September 25, 2008
Resolution 93, 2008
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SAID SECTION 14; THENCE SOUTH l”57’07” WEST ALONG SAID LINE, A
DISTANCE OF 640.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 19.28 ACRES, MORE OR LESS.
TOTAL LAND COMBINED CONTAINING 39.28 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following six (6) waivers:
1. Section 78-31 5(b) of the City’s LDRs, entitled Landscape islands, to allow
for more than nine (9) parking spaces in a row without the inclusion of a
landscape island.
2. Section 78-414 of the City’s LDRs, entitled Number of spaces required
(bicycle parking), to allow for 48 bicycle parking spaces.
3. Section 78-141 of the City’s LDRs, entitled Residential zoning district
regulations, to allow for a building height of 38 feet, 10 inches.
4. Section 78-159(j)(49) of the City’s LDRs, entitled Additional standards, to
allow for 1,086 grassed parking spaces (59% of required parking).
5. Section 78-344 (1)(1) of the City’s LDRs, entitled Minimum dimensions (of
off-street parking), to allow for 777 parking spaces at 9.5 feet in width.
6. Section 78-345(d)(I) of the City’s LDRs, entitled lncrease of parking spaces
allowed, to allow for 1,866 parking spaces to be provided on site.
SECTION 4. Said Planned Unit Development is approved subject to the
following amended conditions, which shall be the responsibility of the Applicant, its
successors, or assigns:
Traffic
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Date Prepared: September 25, 2008
Resolution 93, 2008
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21. The owner or successor shall utilize police or equally-trained officials at all
ingress and egress points along Northlake Boulevard for the management
of traffic flow and direction before and after all events, including regularly
scheduled events. The Applicant shall maintain a minimum of four (4)
police or equally-trained officials at all times for the direction and control of
traffic entering and exiting the site in accordance with the recommendations
made by the City’s traffic consultant, MTP Group, Inc., in the memorandum
dated March 15, 2005, prepared by MTP Group, Inc., on file with the City’s
Growth Management Department. The Applicant shall adjust and provide
the appropriate number of police officers required for traffic circulation
management as based on the varying field conditions and police officer
recommendations. As a guideline, traffic on Northlake Boulevard shall not
be stopped for more than ninety (90) seconds during the traffic control
period. Priority shall be given to Hunt Club Drive with regard to traffic
management and access onto Northlake Boulevard in an effort to minimize
the impact on surrounding residents. (Planning & Zoning) ONGOING
32. The Applicant shall comply with the following conditions and
recommendations outlined in the memoranda prepared by the City’s traffic
consultant, MTP Group, Inc., dated July 29, 2004, and March 15, 2005, on
file with the City’s Growth Management Department:
a) Prior to the issuance of the first Certificate of Occupancy for the new
buildings, the Applicant shall convert the existing exclusive westbound
right-turn lane to a shared throughkight-turn lane at the intersection of
Northlake Boulevard and Military Trail. COMPLETED
b) The Sunday service shall be moved from 11 :45 a.m. to 12:OO noon. The
required time between services may be modified by the Growth
Management Administrator, as necessary, to improve traffic operations.
APPROVED BY GROWTH MANAGEMENT ADMINISTRATOR
c) Traffic circulation on site shall be in accordance with the Traffic
Operation Plan on file with the City’s Growth Management Department.
Said traffic plan may be amended by the City’s Police Chief and/or City
Engineer as appropriate for traffic operations. COMPLETED
d) The Applicant shall, with trained personnel, monitor traffic conditions at
the driveways, as well as internal traffic circulation, to minimize traffic
impact to Northlake Boulevard. (City Engineer) COMPLETED
43. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall prepare plans and submit an
application to Palm Beach County Traffic Division for review and approval of
a manually-operable traffic signal at the east entrance to the site. (City
Engineer, Planning & Zoning) COMPLETED
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Date Prepared: September 25, 2008
Resolution 93, 2008
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H. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
install a manually-operable traffic signal at the east project entrance, as
approved by Palm Beach County Traffic Division. (City Engineer, Planning
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signalization of the east entrance. Per LDR Section 78-309, the required
surety shall be based on a cost estimate for the project improvement. The
cost estimate shall be signed and sealed by an engineer registered in the
State of Florida. Surety will be based on 110% of the total approved cost
estimates and shall be posted with the City prior to the issuance of the first
building permit. (City Engineer) COMPLETED
e. Prior to the issuance of the Certificate of Completion for the new parking
areas on the East 20 Acres, the right-turn lane on Northlake Boulevard onto
Hunt Club Drive shall be installed and completed. In the event that
17 construction of the turn lane is delayed due to permitting or other good
18 cause, the Growth Management Administrator may grant an extension
19 provided a good-faith effort to satisfy the condition has been documented by
20 the Applicant. (City Engineer) COMPLETED
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22 Enclineerinq
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24 87. Prior to the issuance of the first building permit, all necessary permits shall
25 have been obtained from South Florida Water Management District
26 (SFWMD), Health and Rehabilitative Services, and Palm Beach County.
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9s. Prior to the issuance of the first building permit, the property owner or
successor must obtain a driveway connection permit from Palm Beach
County for the Northlake Boulevard entrance. (City Engineer)
COMPLETED
449. The Applicant shall copy to the City all permit applications, certifications,
and approvals. (City Engineer) ONGOING
101. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall provide surety for public infrastructure and all
landscaping and irrigation costs. Per LDR Section 78-309, the required
surety shall be based on a cost estimate for the project, including public
infrastructure and all landscaping and irrigation costs, for review and
approval by the City in order to establish surety. The cost estimate shall be
signed and sealed by an engineer and landscape architect registered in the
State of Florida. Surety will be based on 110% of the total combined
approved cost estimates and shall be posted with the City prior to the
issuance of the first building permit. (City Engineer) ONGOING
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Date Prepared: September 25, 2008
Resolution 93, 2008
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10 alteration or building permit, the Applicant shall schedule a pre-permit
11 meeting with City staff. (City Engineer) COMPLETED
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13 134. By January 16, 2006 (sixty (60) days from the effective date of this
14 Resolution), the Applicant shall submit a revised photometric plan, signed
15 and sealed by an engineer registered in the State of Florida, for review and
16 approval by the City Engineer. Said plan shall be approved by way of an
17 administrative approval so long as the plan is consistent with the
18 requirements of the LDRs and shall be approved prior to the issuance of the
19 first building permit. (City Engineer) COMPLETED
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21 145. Prior to construction plan approval, the Applicant shall provide adequate
22 response to drainage concerns, including, but not limited to, showing on the
23 engineering plans and constructing two 8” x 8 weep holes within the 6’ wall
24 for each adjacent Hunt Club lot (28 total weep holes), per SFWMD
25 specifications, as outlined at the March 11 , 2004, meeting with SFWMD and
26 the City Engineer. (City Engineer) COMPLETED
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permit, the Applicant shall provide a cost estimate for the on-site project
improvements, not including public infrastructure, landscaping, and irrigation
costs, for review and approval by the City. The cost estimate shall be
signed and sealed by an engineer registered in the State of Florida and
shall be posted with the City prior to the issuance of the first building permit.
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136. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police Department) ONGOING
157. All lighting for streets, parking lots, and pedestrian walkways shall be metal
halide. Metal halide lighting shall be used for the multi-use pathways and
sidewalks within the site and shall be lit at a minimum of 0.6-foot candles.
(Police Department) ONGOING
IZB. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department) ONGOING
I&% Entry signage shall be lighted. (Police Department) ONGOING
a=. Timer clock or photocell lighting shall be provided for nighttime use above
or near entryways and all exits, including emergency exits. (Police
Department) ONGOING
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Date Prepared: September 25, 2008
Resolution 93, 2008
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2Q4. Numerical addresses shall: (1) be unobstructed; (2) be illuminated for
nighttime visibility; and (3) have bi-directional visibility from the roadway.
(Police Department) ONGOING
212. All structures shall use the following target hardening techniques:
a) Buildings shall be pre-wired for an alarm system.
b) Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c) Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
d) Rear doors shall have 180-degree peephole viewers.
e) All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police Department) ONGOING
Landscapinq
223. The owner or successor shall be responsible for the perpetual maintenance
of landscaping within the Hunt Club Drive right-of-way from Northlake
Boulevard to the northern terminus of the church property. (City Forester)
ONGOING
234. If at any time the City determines that maintenance of the grass parking
area is in disrepair or poor appearance, the City may require the owner or
successor to pave the parking area within one hundred eighty (1 80) days of
receipt of written notice by the City. All such paving shall be conducted
according to City standards at the time of paving. All costs shall be the
responsibility of the owner or successor. At the time of paving, a landscape
island shall be installed for every nine (9) parking spaces located in a row
within the areas being paved. (City Forester) ONGOING
245. By May 17, 2006 (six (6) months from the effective date of this Resolution),
the property owner shall reimburse the City for the City’s cost to install all
landscaping and irrigation within the Northlake Boulevard medians
extending from the eastern terminus of the property to Hunt Club Drive.
(City Forester) COMPLETED
256. The Applicant, successors, or assigns shall be responsible for payment to
the City of their annual fair share of the maintenance of the Northlake
Boulevard medians and north road shoulder extending from the eastern
terminus of the property to Hunt Club Drive. (City Forester) ONGOING
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Date Prepared: September 25, 2008
Resolution 93, 2008
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262. By February 17, 2006 (three (3) months from the effective date of this
Resolution), the property owner shall replace all landscaping removed due
to its death, disease, damage, insect infestation, or hurricane damage, as
shown on the approved landscape plan for the west parcel. (City Forester)
COMPLETED
2l€LBy May 17, 2006 (six (6) months from the effective date of this Resolution),
the property owner shall remove all prohibited and invasive non-native
plants from the property. (City Forester) COMPLETED
289. Prior to the issuance of the first building permit, the Applicant shall update
the landscape plan to a scale of 1” = 20’. (City Forester) COMPLETED
%a. Prior to the issuance of the first building permit, the Applicant shall erect
and maintain protective barriers around the drip line of trees adjacent to
proposed improvements. All work shall be inspected and approved by the
Landscape Architect of Record and the City Forester. (City Forester)
COMPLETED
3Q4.All trees or plants proposed for relocation that die as a result of relocation
shall be replaced using the following schedule: for every inch of tree caliper
lost, three (3) inches of new tree caliper shall be replaced with a like specie.
Palms shall be replaced with like specie, one (1) for one (I), with a minimum
ten (IO) foot height. Shrubs shall be replaced with like specie, one (1) for
one (I), with a minimum 30-inch height. If the site cannot support the total
number of replacement trees as required above, the City Council may
permit the developer to donate excess trees to the City for planting on public
lands. (City Forester) ONGOING
312. Prior to the issuance of the clearing permit for the East 20 Acres, the
Applicant shall submit revised landscape plans reflecting (1) a minimum of
75% of the shrub species on site shall be selected from the City’s Preferred
Species List; (2) the minimum height of all canopy trees installed from the
front face of the buildings to the property line along Northlake Boulevard
shall be 16 feet; and (3) foundation landscaping shall be installed along the
outside of all internal walls and new structures meeting City Code
requirements. (City Forester) COMPLETED
Planning and Zoning
323. The number of fixed and/or moveable seats within the sanctuary shall at no
time exceed 1,750. (Code Enforcement) ONGOING
334. Prior to the issuance of the clearing permit for the East 20 Acres, the
Applicant shall erect a six (6) foot wall along the entire north property line of
the site. (Planning & Zoning) COMPLETED
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Date Prepared: September 25, 2008
Resolution 93, 2008
335. No parking of vehicles shall occur in the retention area north of the
northernmost parking lot. (City Forester) ONGOING
35Z.The northern open space shall be used for recreational open space. No
drive-aisles shall be extended to the northern green area without approval
by City Council. (Planning & Zoning) ONGOING
36Q.. The church sanctuary and related facilities and surrounding grounds shall
be used by members only for regularly scheduled services, including
services on Christmas Day and Easter Sunday, and for no more than three
(3) additional events per calendar year. The church sanctuary and related
facilities shall not be leased, rented, or in any way made available for use as
an auditorium, theater, or similar gathering place for non-member events of
any kind. Regularly scheduled services shall be defined as services
occurring on Saturday evening, Sunday morning, and a mid-week evening.
(Planning & Zoning, Code Enforcement) ONGOING
379. All applicable municipal and county impact fees shall be payable
contemporaneous with the issuance of any building permit for vertical
construction. (Planning & Zoning, Building Official) COMPLETED
4eg. The owner or successor shall not utilize a loudspeaker, sound amplifier,
radio, phonograph, or similar sound amplifying device to emit any form of
sound outside the church sanctuary and related facilities. (Planning &
Zoning, Code Enforcement) ONGOING
44-3. No buildings on site shall be used as overflow areas or for supplemental
seating for presentations, programs, or sermons conducted in the
sanctuary. (Planning & Zoning, Code Enforcement) ONGOING
4Q2. To mitigate the traffic impacts of the Church project on adjacent roads and
neighborhoods, the City has determined that it is necessary to ensure that
services are not conducted concurrently on the North and South Campuses.
Therefore, concurrent live services on both the North and South Campuses
are prohibited. Additionally, concurrent broadcasts or webcasts of
presentations, programs, or sermons conducted in the sanctuary, whether
live, taped, or delayed, to any other location outside the sanctuary within the
City or to any parcel owned by the Church located within unincorporated
Palm Beach County adjacent to the North Campus shall be prohibited. This
condition shall not be construed to prohibit the broadcast or webcast of such
services to other remote locations or to individual personal computers or
other electronic devices. (Planning & Zoning, Code Enforcement)
ONGOING
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Date Prepared: September 25, 2008
Resolution 93, 2008
413. Building A shall be limited to a capacity of 452 people. (Planning & Zoning,
Code Enforcement) ONGOING
424. The Applicant shall place the utilities along Northlake Boulevard
underground from the eastern terminus of the North Campus to Hunt Club
Drive. The undergrounding of utilities by the Applicant shall be deferred
until such time as the comprehensive program for the same is initiated by
the City. (Planning & Zoning) ONGOING
434. All audible noise on site shall not exceed applicable noise and decibel
(Planning & requirements set forth in the City's Code of Ordinances.
Zoning) ONGOING
496. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning) COMPLETED
452. Prior to the issuance of the first Certificate of Occupancy, the property shall
be replatted to include the entire site. (Planning & Zoning) COMPLETED
4g8. Prior to the issuance of the first building permit, the Applicant shall comply
with Section 78-262 of the City Code relative to Art in Public Places. The '
Applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the
Applicant is providing public art on site, the art shall be installed prior to the
issuance of the first Certificate of Occupancy. (Planning & Zoning)
ONGOING
479. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first Certificate of
Occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer) ONGOING
=A. There shall be no vehicular access from the North Campus to the vacant
property owned by the church located to the northeast of the North Campus
until such time when said property is annexed into the City. (Planning &
Zoning) ONGOING
54-44. Prior to the issuance of the first building permit, the Applicant shall explore
opportunities to utilize sound absorbing/dampening building materials in the
new buildings, and provide, in writing, details of the materials/methods to be
utilized to reduce the impact relative to sound on adjacent properties.
(Planning & Zoning) COMPLETED
11
Date Prepared: September 25, 2008
Resolution 93, 2008
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12 535. Within twelve (12) months of the issuance of the Certificate of Occupancy
13 for Phase 2 (Youth Ministry Building), the Applicant shall submit a traffic
14 study to the City analyzing (1) the efficiency of the traffic flow into and out of
15 the North Campus; (2) the traffic flow along Northlake Boulevard adjacent to
16 the North Campus; (3) the traffic flow within the North Campus; and (4) the
17 traffic flow into and out of Hunt Club Drive. The study (1) shall be performed
18 during the peak hours of the Church’s operation; (2) shall be performed
19 during the “high season” (December through February); (3) shall be
20 performed at the Applicant‘s expense; and (4) shall be reviewed by the City
21 Engineer and the Police Chief to determine areas in need of improvement
22 with regard to the traffic flow within and adjacent to the site. The Traffic
23 Operation Plan referenced in this Resolution, to which the Applicant must
24 adhere, may be amended in accordance with the recommendations made
25 by the City as a result of the study. (Planning & Zoning) ONGOING
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27 546. immediately upon the issuance of the Certificate of Completion for the new
28 parking areas on the East 20 Acres, shuttle bus or any other type of
29 transportation service between the North and South Campuses shall cease,
30 except for the transportation of student youth which shall be permitted until
31 completion of the student ministry center. (Planning and Zoning)
32 ONGOING
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36 Department:
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38 1. October 28, 1997, Conceptual Floor Plan and Section, Glenn Pate &
39 Associates, 2 sheets.
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41 2.
42 Sheet L-I.
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44 3.
45 Sheet L-2.
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5Q2. Any outdoor recreational facilities constructed on the North Campus shall be
processed as a Major Amendment to the PUD pursuant to the City’s Land
Development Regulations. (Planning & Zoning) ONGOING
513.The build-out date for this project is De6eA.x: 31, 2935 December 31
524. Parking in the grassed parking areas closest to the Hunt Club residential
development shall occur only during special events or regularly-scheduled
services. (Planning & Zoning) ONGOING
SECTION 5. This Planned Unit Development shall be constructed in compliance
with the following plans, as amended herein, on file with the City’s Growth Management
November 14, 1997, Landscape Plan, George G. Gentile & Associates,
January 24, 1997, Landscape Elevations, George G. Gentile & Associates,
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Date Prepared: September 25, 2008
Resolution 93, 2008
February 21 , 1997, Landscape Elevations, George G. Gentile & Associates,
Sheets L-3 through L-5.
November 3, 1997, Irrigation Plan, George G. Gentile & Associates, Sheet I-
1.
September 30, 1997, Conceptual Drainage Plan, Kimley-Horn and
Associates, Sheet C-I .O.
March 19, 1999, Architectural Site Plan, Glenn Pate & Associates, Sheet SP-
1.
May 18, 1999, Building B Elevations (Children’s Education), Glenn Pate &
Associates, Sheet A-I .
June 25, 1999, Building B Floor Plan, Glenn Pate & Associates.
May 18, 1999, Building A Floor Plan (Youth Ministry), Glenn Pate &
Associates, Sheet A-2.
May 18, 1999, Building A Elevations, Glenn Pate & Associates, Sheet A-3.
May 18, 1999, Building C Elevations, Glenn Pate & Associates, Sheets A-4,
A-5.
May 1 1 , 1999, Letter from Glenn Pate & Associates.
Site Plan: Sheets ASP-I through ASP-3, prepared by Pate, Chemin and
Associates, last revised on October 18, 2005, and received and stamped by
the City on October 21 , 2005.
Landscape Plan: Sheets L-I & L-2, prepared by Gentile, Holloway,
O’Mahoney & Associates, Inc., last revised on October 19, 2005, and
received and stamped by the City on October 21 , 2005.
Conceptual Floor Plans: Sheets A-I L? A-2, prepared by Pate, Chemin and
Associates, last revised on October 18, 2005, and received and stamped by
the City on October 21 , 2005.
Roof Plan: Sheet A-3, prepared by Pate, Chemin and Associates, last
revised on October 18, 2005, and received and stamped by the City on
October 21 , 2005.
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Date Prepared: September 25, 2008
Resolution 93, 2008
- 18. Buildinrr Elevations: Sheets A.401~ 4 pages. prepared bv Pate, Chernin
and Associates, revised on September 15. 2008 and stamped by the Citv on
September 29, 2008.
SECTION 6. All future amendments to the Christ Fellowship North Campus PUD
shall be approved by resolution.
SECTION 7. This approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
14
Date Prepared: September 25, 2008
Resolution 93, 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 SU FFlCl ENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY
COUNCILMEMBER RUSSO
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
-- AYE NAY ABSENT
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CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 16,2008
7:OO P.M.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Prernuroso
L PLEDGE OF ALLEGIANCE
IL ROLLCALL
IU. ADDITIONS. DELETIONS. MO DIFICAT" S;
Iv ANNOUNCE- / PRESENl'ATIONS:
Jb 0. Palm Beach Gardens Fast Pitch Softball Travel Team.
Solid Waste Authody recognizing the City's outstanding recycling participation.
/a Q- Riverside Youth Enrichment Center - Read for the Record.
Youth Triathlon.
/V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMFITEE REPORTS:
VL CITY MANAGER REPORT:
J a. Presentation of the FEMA Community Rating System Award.
Jb. Let Us Vote Video.
J c. Kyoto Gardens Drivehike Victoria Gardens Drive presentation.
J d. Discussion on Ordinance 13,2008 (Height Ordinance).
Jvn. COMME NTS FROM THE PUBLIC mor Items Not on the Agenda. Dlease submit
uest lo rmtotbtc iW Clerk D rior to this Item)
WStaff ReDort on PaPe 182, Resolution on Pape 203) Besoht&n 96, 2008 -
Artwork at the PGA Commons Development. $ pkesolution of the City Council of
&e City of Palm Beach Gardens, Florida evhg the installation of artwork at
the PGA commolns Development; providing conditions of approval, providing an
effective date; and hr other purposes
Part I1 - Non-Ouasi-judicial
X RESOLUTIONS:
Council of the City of pslm Beach Gardens, Florida amending Resolution 83,
2005 for the Christ Fellowship North Campus Planned Unit Development (PUD),
located on the North side of Nopthlake Boulevard approximately one mile West oi
Military Trail, as descrikd more particularly herein; providing an effective date;
XI 0RDINmCEs ; (For Consideration on First Reading)
XJL ITEMSFORCOUPJ CILACTIO N/DISCUS SION:
XIV. ADJOURNMENT
PLEASE TA&E NOTICE AND BE ADVW%D that if any interested party wishes to appeal
any dkcisbn made by the CEty Gmuncil dh respect to any matter considered at this public
hearing, such interested persons will need IL racord of the proceedings Md may need to ensure
thataverbtdimrecordismade, inclvrfingthe~~Mdevidencevponwkicktke~p~is
to be based
In accordance with the Amerkans with DisabilliriGs Act and Section 28426, Florid21 Statutes,
parsons dth &abilitks needing speekl acmmmo&ums in order to participate in this
proceeding are entitled to thepmvision of miuin assjstoILce at no wst please call the City
ClerR's me at 561-799-4122 no later than 5 aaySpriOt to the kerning ifthk amktance is
mqnired For hearing impaired Qssisfollct, phase call the Florida Relq Service Numbers:
800-955-8771 (TDD) OP 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
October 16,2008
7:OO P.M.
I.
11.
111.
IV
VII.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. c Palm Beach Gardens Fast Pitch Softball Travel Team.
b. - Solid Waste Authority recognizing the City’s outstanding recycling participation.
c. 0 Riverside Youth Enrichment Center - Read for the Record.
d. Youth Triathlon.
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
a. Presentation of the FEMA Community Rating System Award.
b.0 Let Us Vote Video.
c. Kyoto Gardens Drive/Lake Victoria Gardens Drive presentation.
d. Discussion on Ordinance 13,2008 (Height Ordinance).
COMMENTS FROM THE PUBLIC: (For Items Not on the APenda. dease submit
request form to the Citv Clerk prior to this Item1
XI VIII. CONSENT AGENDA: !n? 5 a. /Pape 4) Approve Minutes from August 2 1,2008 regular City Council meeting. . , *.
b. IPaPe 14) Approve Minutes from September 4, 2008 regular City Council
meeting.
C. (Pape 23) Approve Minutes from September 18, 2008 regular City Council
meeting.
Staff Report on Page 32, Resolution on Pape 34) Resolution 85, 2008 -
kenewal of Boyle Engineering Contract. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida awarding a continuing contract for
Professional Services to Boyle Engineering Corporation, as required by the
Consultants’ Competitive Negotiation Act; providing an effective date; and for
other purposes.
49 1
e. JStaff Report on PaPe 84, Resolution on Pape 96) Resolution 92, 2008 -
Nutrition S’Mart - Special Event Application. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a fourth special event
application at Nutrition S’Mart for a Customer Appreciation Day to be held on
Saturday, November, 15,2008, from 11 :00 am until 3:OO pm, generally located on
the Northeast corner of Northlake Boulevard and Keating Drive; providing an
effective date; and for other purposes
f. {Staff Report on Page 115, Resolution on Pape 128) Resolution 94, 2008 -
Downtown at the Gardens - Special Event Application. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a special event
application for Downtown At The Gardens to be held Thursday, November 13,
2008, generally located on the North side of Kyoto Gardens Drive, one mile East
of Military Trail; providing conditions of approval; providing an effective date;
and for other purposes
€5 JPaPe 151) Proclamation - Palm Beach Gardens Medical Center celebrating 40
years.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. (Staff Report on Pape 152, Resolution on Page 179) Resolution 88, 2008 - Tall
Tales Restaurant. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida amending Section 4 of Resolution 31, 2008 for Tall Tales
Restaurant located within the Gander Mountain Planned Unit Development
(PUD) on a 13.18-acre parcel located on the West side of Sandtree Drive,
immediately South of the Northlake Commons /Home Depot Shopping Center, as
described more particularly herein; providing an effective date; and for other
purposes.
g;aa
54
b. (Staff Report on Page 182. Resolution on Pape 203) Resolution 96, 2008 -
Artwork at the PGA Commons Development. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the installation of artwork at
the PGA Commons Development; providing conditions of approval; providing an
effective date; and for other purposes
8 :St
9.0
Part I1 - Non-Ouasi-iudicial
X. RESOLUTIONS:
a. (Staff ReDort on PaPe 205. Resolution on Pape 226) Resolution 93,2008 - Paint
Color Modifications to the Christ Fellowship Buildings. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending Resolution 83,
2005 for the Christ Fellowship North Campus Planned Unit Development (PUD),
located on the North side of Northlake Boulevard approximately one mile West of
Military Trail, as described more particularly herein; providing an effective date;
and for other purposes
9lll
>Te 9
$4 0. (I60 90,aaoB
XI ORDINANCES: (For Consideration on First Reading)
i-0 e. RdJo 98 amk XII. IT~MS FOR COUNCIL ACTION~~ISCUSSION:
q:24 XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ...* Name: /jtKl5 Ncf BRlQ oy Address: lt4 69 Ltwf OPE flfi City: LBG /=/ 334Ld Subject: QA Q/~/PPE~C.& r l3(- N/ pQ- 0d-a Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: 1 Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: [- - I Address: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. I
1 COMMENTS FROM THE PUBLIC Request to Address City Council 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.
CITY COUNCIL MEETING 10/16/08
DOPOSED ADDITIONS. DELETIONS AND MODIFICATIONS
ONS: UNDER CONSENT:
Proclamation - Florida City Government Week
UNDER RESOLUTIONS:
Resolution 90,2008 - appointment of members to
the Planning, Zoning & Appeals Board.
Resolution 98,2008 - appointment of alternative
members to the Community Aesthetics Board.
Copies of the Resolutions and applications have
been Drovided for each member of Council.
DELETIONS:
MODIFICATIONS:
NONE
UNDER ANNOUNCEMENTWPRESENTATIONS
MOVE TO RE-ORDER THE PRESENTATIONS:
New a.
Riverside Youth Enrichment Center - Read for the
Record
New b.
Palm Beach Gardens Fast Pitch Softball Travel Team.
New c. -
Youth Triathlon
New d.
Solid Waste Authority recognizing the City’s
outstanding recycling participation.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 15,2008
Resolution 90,2008
Meeting Date: October-l6,2008
SubjecUAgenda Item:
Resolution 90,2008, provides for the appointment of members to the Planning, Zoning, and Appeals
Board.
[ X ] Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
CityAttomey I
@r-%/&-
Submitted by:
K~Irwm,Growth
Managemat
Administrator, Staff
Liaison 1 w
originating Dept.:
Kara hm, Growth
Management Dept.
Advertised: Yes
Date: May 17,2008
Paper:PslmBeachPost
[ ]NdRequired
Affectedparties
[ ]Notified
/-
[ ]Notrequired
$ n/a
Current FY
Funding Source:
1 loperating
[ X]other n/a
Budget AWL#:
Council Action:
AthChEIltS:
0 Resolution 90,2008
0 VotqandAttenhce
records
0 Applications
OUALIFICATIONS
In addition to the specific requirements stated below for the individual boards and committees,
Section 2-89 of Ordinance 17, 2004 includes general provisions to avoid any perceived or actual
conflicts of interest by adding that members cannot be employed by or have any contractual
relationship with the city, unless otherwise provided by ordinance. Ordinance 17,2004 also provides
that members can only serve on one board or committee at any one time; this will apply to all boards
and committees, including pension boards.
Planning. Zoning and Appeals Board: Residency and at least one member from two specific types of
professional disciplines, related to (1) architecture or planning, and (2) engineering, law, real estate,
land surveying or the environment, and (3) resident at large.
Currently, City Staff is drafting a text amendment to add the responsibilities to hear appeals of
decisions and interpretations of the Building Official and consider variances of the technical codes to
the duties and responsibilities of the Planning, Zoning, and Appeals Board. The Planning, Zoning,
and Appeals Board will require additional professional disciplines in order to meet the requirements of
membership for the proposed Construction Board of Adjustments and Appeals. The existing
membership lacks a professional engineer, so it is recommended by staffthat an Engineer to be placed
on the Board.
CITY COUNCIL
On October 2,2008, the City Council considered Resolution 90,2008 and decided to postpone action
on the resolution until staff meet with all applicants to determine the extent, if any, of any profesSonal
conflicts that may arise due to service on the Board.
MEETINGS WITH APPLICANTS
As requested by City Council, City staff met with all sixteen (16) applicants, including the five (5)
members of the Board that are up for re-appointment in order to evaluate the potential for conflicts
based on their occupations. The applicants were asked to discuss any potential conflicts that may
arise and their motivation for serving on the Board.
It is a requirement of the City’s Code of Ordinances, Section 2- 148 (b), that some Board members are
chosen from professionals in the architecture, landscape architecture, planning, legal, and real estate
fields, so that they can make knowledgeable recommendations to City Council on development
petitions. While their professions provide them with insight and understanding ofdevelopment, it also
creates the potential for conflicts of interest to arise. Currently, Board members are advised that a
recusal from the preceding is required in the event that there is a conflict of interest.
The City Clerk’s Office has received eleven (1 1) applications fiom residents that have shown a desire
to serve on the Planning, Zoning, and Appeals Board. Seven (7) applications are from residents that
meet the professional qualifications for membership, while the other four (4) meet the requirement for
a ‘resident at large’ seat.
Date Prepared: September 15,2008
Meeting Date: October 16,2008
Resolution 90,2008
Page 2 of 3
Date Prepared: September 15,2008
Meeting Date: October 16,2008
Resolution 90,2008
Page 3 of 3
STAFF RECOMMENDATIONS
StafF recommends a motion to approve Resolution 90,2008, approving the appointment of Regular
Member@) and Alternate Member@), to be determined by the City Council, to the Planning, Zoning,
and Appeals Board.
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Date Prepared: October 16,2008
Resolution 90,2008
EXH[BIT “A”
Randolph Hansen
Barry Present
Craig Kunkle
Amir Kanel
Donald Krzan
Joanne Koerner
Daniel P. Bums
Michael Molenda
Richard Eakle
Marion Suro
F. Ted Brown I11
Meriel “Honey” Bryan
Rosie Carr
Robert P. Save1
Scott Blake
Charles Hathaway
Ed Bowers
David Peters
Phillip Woodall
Ut. Staff 1
, , . , , , ,
Ameals Boarc ----
IPI
I----- -----
PZAB VOTING RECORD
FY2007-2008
-Meetirk-' . '
I Absent I AI nt I 1 1 I
11 1 I1 312007 I I I 1 I I I I I I I 1 L 14 LL
Ex Parte Communication (Quasi-
Judicial) (Public Hearing) Petition
MiSC-07-10-000036 - The Benjamin Approve
v---; v--TL--enti ~~- Yes yes Yes Yes ;Yes I NoVote 1 Member I 7-0
~~
Present/ Present/ Not A Approve Petition PUDA-07-06-000008:
Absent Yes Yes Yes Yes Yes Absent Yes Yes Member
Yes Yes Yes Yes Yes Absent Yes Yes Member
Kunkie
Appointment of Officers: Vice chair
Douglas Penneli Absent
Recommendation to City Council:
PCDA-07-09-000005: North County
Government Center Amendment
SPLA-07-10-000008: North County Not A
Regional Library Amendment Absent Postpone Postpone Postpone Postpone Postpone Absent Postpone Postpone Member
Not A
7-0
Approve
7-0
Approve
7-0
PZAB VOTING RECORD
FY2007-2008
Meetir
no
Parcel PCDA9799-000005: North
County Govern men t Center
Amendment SPLA-07-10-000008:
North County Regional Library
Amendment Yes
'Recommendation to City Council:
Donald Ross Village PUD -
Elimination of Conditions Related to
Shared Parking Yes
-Recommendation to City Council:
PUDA-07-09-000010: Mirasol Walk
PUD - Walgreens Drugstore with
Drive-Through
Motion 1 : for approval; failed due to
lack of a second
MOTION 2: for postponm Yes
Recommendation to City Council:
Public Hearing; PUDA-07-09-000010:
Mirasol Walk PUD - Walgreens
Drugstore with Drive-Through Absent
Recommendation to City Council:
Public Hearing; PVAR-08-01-000005:
Side Setback Variance for 317
Yes Yes
Yes Yes
Yes Yes
Charroux Drive Absent No No
Recommendation to City Council:
PPUD-07-06-000015: Riverside Self-
Storage Rezoning to Planned Unit I Absent I Yes I Yes
Recornmendation to City Council: I I I
Public Hearing; 5. PPUD-07-02-
000013: Klock Office Building Planned
Unit Development Absent Yes Yes
No Absent
Yes Absent
Present/ NotA
NoVote Member
Present/ NotA
NoVote Member
Present/ NotA
Approve
6-1
Approve
7-0
Approve
Post-
ponment
Yes Yes Yes Yes Yes
No No Yes No No
No No Yes No No
Yes Yes Yes Yes Yes
No Vote Member
No Vote Member
No Vote Member + ZYY- No Vote Member
Approve
7-0
Deny
6-1
Deny
4-3
Approve
7-0
PZAB VOTING RECORD
FY2007-2008
Meeting DatelSubject
Recommendation to City Council:
Public Hearing; 6. MISC-07-12-000038:
Prosperity Centre Planned Unit
Development (PUD) Signage Present/ Not A Approve
Arnenclmnnt Absent Yes Yes Yes Yes Yes Yes Yes NoVote Member 7-1
3/25/21
North County Government Center
Amendment; SPLA-07-10-000008:
North County Regional Library
Amendment
I No motion
4/22/2008 1
r
T
[ Not a 1 Present/ 1 Present/ 1
member No Vote No Vote EAzr 1 Ap;!we 1
No motion
I- , ..-.- r
Absent Absent member
- NL. -
Absent Member
I Absent Absent member Absent Member
Not a Not A
Public Hearing; Petition MISC-08-02-
000039; RCA Center Planned Unt No Votel
Development Signage Plan Left mtg
Amendment at 6:32 PM Yes
611 012008
Public Workshop: Petition SPLA-08-
01-00001 0: Steeplechase Research 8,
Office Center
Final Approval: SPLA-08-01-000011: I I I No Motion I No Motio
Burma Commerce Park I Yes I Yes
ublic Hearing: Petition LDRA-07-01- I I
000012: Height Limitations I No I No
6/24/2008 I
Public Workshop: Petition CUMJ-07-
08-00001 1 : Palm Beach Community I Church DaycarelPreschool Major I Conditional Use and Site Plan I Approval I No Motion I No Motio
40 Motion
Yes
No
40 Motion
Not a NotA Approve
Absent Yes Yes member Yes Absent Member 5-0
I Nota I I NotA I
No Motion I No Motion I No Motion I member I No Motion I No Motion I Member I
I I 1 Nota I I Present/ I NotA I Approve
Yes I Yes I Yes I member I Yes I NoVote I Member I 7-0
1 I I Nota I I Present/ I NotA I Deny
No I No I No I member I No I NoVote I Member I 7-0
I I I I I I I
I I I Nota I I I I
No Motion I No Motion 1 No Motion I member I No Motion I No Motion I No Motion 1
7/14/2008
PZAB VOTING RECORD
FY2007-2008
Meetina DatelSubiect
Recommendation to City Council:
Petition CUMJ-0-8-06-000012: Bright
Futures Academy, Riverside Drive
Campus Major Conditional Use
Approval and Site Pian Approval
7/8/2008
Public Hearing: Petition CUMJ-07-08-
00001 I - Palm Beach Community
Church Daycare/Preschool Major
Conditional Use and Site Plan
Amroval Absent
Public Hearing: Ordinance 12,2008 Absent
Public Hearing: Ordinance 16,2008 Absent
Public Hearing: Ordinance 17,2008 Absent
Public Hearing: Petition CPTA-08-06-
000013 - City-Initiated Evaluation and
Appraisal (EAR)-Based
Comprehensive Plan Amendments Absent
Yes No Yes No
Yes I Yes I Yes I Absent
member
Nota
No 1
Not a
Yes member
Not a
Not a
Not a
Yes member
Yes member
Yes member
Not a
Yes member
Absent Yes 1
Yes Absent
Yes Absent
Yes Absent
Yes Absent
Yes Absent
No Vote
Approve
Approve
Approve
Approve
Yes 6-0
Yes 6-0
Yes 6-0
Yes 6-0
Approve
Yes 6-0
7/14/2006
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RESOLUTION 90,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPOINTING REGULAR AND
ALTERNATE MEMBERS TO THE PLANNING, ZONING, AND
APPEALS BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, Section 2-148, Code of Ordinances, provides for the Board to be
comprised of seven (7) regular members and two (2) alternate members; and
WHEREAS, notice of vacancies has been posted at City Hall and on the City
Website; and
WHEREAS, the City Clerk has compiled a list of all interested persons who wish
to serve as members of the Board, which is attached hereto as Exhibit “A; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens 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 appointments of the following
individuals as regular and alternate members to the Planning, Zoning, and Appeals
Board:
Reaular Members Terms
2 Years, Exp. 10/1/2010
2 Years, Exp. 10/1/2010
2 Years, Exp. 10/1/2010
2 Years, Exp. 10/1/2010
Alternate Members Terms
2 Years, Exp. 1011 /2010
1 Year, Exp. 10/1/09
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: September 15, 2008
Resolution 90, 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
G:\attorney-~hare\RESOLUTIONS\2008\pzab appt res 90 2008.docx
2
Application for City Advisory BoardKommittee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be pub1j.c record? except as
provided by law.
Namc: sm Homc Address: 4 PuMw
City: & Zip:3*18 Home Phonc Number: (q um WorkPhone Number: ( ?iq 744WT
Years of Rcsidcncyl 27 anarchikc;ts. co~n
WKICH BOARD OR COMMI~TEE ARE YOU APPLYING FOR:
a Art In Public Places Advisop Board (generally meets 1"'Monday nf each month at 530 pm.)
0 Community Aesthetics Board (meets I' Wednesdry of each month at 930 pama)
0 Education Advisory Committee (meets the 2"" Wednesday of each month at 7:QO pm.)
0 Parks and Recreation Advisory Board (meets the 3'* Monday of eoch month at 7:OO pm.)
0 Ecoiiomic Development Advhorp Board (meets the 3rd Thursday of each month nt 8:30 a.m.)
R Budget Oversight Committee (generally mects twice a year during regular business hours.)
PlanninE, Zoning ft Appeals Board * (meets the 2"' and 4"' Tuesdays of each month at 6:30 p.m.)
(*Required to file r statement of financial interest form)
If you have checked more than one box, which would be your:
1 * Choice 2'Id choice Yd Choice
Are you current1 servin on a Palm Beach Gardens Board OT Committee? ()o Yes [
Which onc(s) &&& $
Previous service on City Boards or 225 ( ) Yes (x) No
) No
Which one(s) Date(s) of &*;ice:
Ate you cturcntly serving 011 a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County ~oards or ~ommiacis? ( YES NO
Which one(s) Date(s) of Service:
) Yes ()1, No
0*-09-0q,4,, . Are you able to attend ()u daytime meetings (x) evening meetings
*" RCVD
Are yon registcrcd in the State of Florida?=
Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardcns occupational license? $&
Another Stale:
Another State:
How long have you practiced the above profcssion? %
Preferred mailing addrcss: a) Home (
Could your occupation resent a conflict of interest on any subject matter discussed, rewewed (K decided upon by the Board or
Committee: )Yes rh No
) Oficc
r
fessjonal Background (Please check the appropriate boxes)
0 Visual, perfonming or literary arts. < Architect, Architecture designcr, landscape designer
P Urban planningldesign
Q Arts and cultural institution management
0 Building consixuction
n Horriculm and landscaping
0 Youth or adult educator
0 Owdoperate a business in the City.
u Member of Business Development Board, Nor& Palm Bcach County Chambcr of Commcrcc or PGA Corridor Association.
0 Attorney
o Enginem
0 Real estate professional
R Land surveyor
0 Bankcr
0 Accountant
I
Educational Background
By Code (Ordinance 17,2004), some RoardslCornmittees have specific requirements for membership
Diploma. Qe2re.e OK Certificate Institution !ZQKW-%L&&!
Are you registered to vote in Palm Beach County? (3()Yes (
Have you pamcipatcd in civic or community activities: Yes: (
1 No
) No; c)c,
Mow did you learn about the Roord or Committee for which you have opplicd: /
City’s Web site: Community Group
City’s direct mail Bmchure:
ged to mend one nrceting.
Date attended:
P1.ease return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(5G1) 799-4121
Applications will he kept on-file in the Cizy Clerk’s ofice.fir /wo (2) years
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to: -... Datc: of Appointment:
Orientation Datc:
Application for City Advisory BoardCommittee Appointment
Please Note: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as
provided by law.
ome Address: 372d I p 6-
Home Phone Number: (a/) 63-8/71 Work Phone Number: ($3.9-
Years of Residency? 22y E-mail address: are dpLh c N&-
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
0 (generally meets 1" Monday of each month at 530 p.m.)
0 Community Aesthetics Board (meets 1"Wednesday of each month at 530 p.m.)
0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO p.m.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.)
0 Budget Oversight Committee (generally meets twice a year during regular business hours.) &d Planning, Zoning & Appeals Board * (meets the 2"d and 4Ih Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
Art in Public Places Advisory Board
If you have checked more than one box, which would be you:
1 St Choice 2"d Choice 3rd Choice
Are you current1 serving on a Palm Beach Gardens Board or Committee? ( /(Yes (
Which one(s) b2-c
Previous service on City$oards or Committees? ( ) Yes ( JfNo
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes ( /;No
Which one(s)
Previous service on County Boards or Committees? ( 4 Yes (
Which one(s) &# , Date(s) of Service: pm -9/
Are you able to attend: (
) No
) No
) daytime meetings ( A evening meetings
Are you registered in the State of Florida?
Are you licensed in the State of Florida: y&q
Do you possess a City of Palm Beach Gardens occupational license? 30
How long have you practiced the above profession?
Preferred mailing address: ( - / ) Home ( ) Office
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes (J NO
Please explain:
Another State:
Another State: -
I
. PI ressional Background (Please check the appropriate boxes)
0
0
0 Urban planning/design
0
0 Building construction
0 Horticulture and landscaping
0 Youth or adult educator
0
0
0 Attorney
0 Engineer d Real estate professional
0 Landsurveyor
0 Banker
0 Accountant
0 Other
Visual, performing or literary arts.
Architect, Archtecture designer, landscape designer
Arts and cultural institution management
Owdoperate a business in the City.
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association.
By Code (Ordinance 17,2004)’ some Boards/Committees have specific requirements for membership
Educational Background:
Diploma, Demee or Certificate Institution Course of Study
1
I Ronr&flzA?dk UJytlf” BWEJDLY
Are you registered to vote in Palm Beach County? (I/)Yes (
Have you participated in civic or community activities: Yes: (/) No: (
) No
)
Appointed to:
Date of Appointment:
Orientation Date: I
I understand the dutie ole and time commitment to the Boards or Committees to which I have applied. a- *
How did you learn about the Board or Committee for which you have applied:
City’s Web site: Community Group:
City’s direct mail Brochure: Other: (specify) LL(
Prior to submitting an application, you are encouraged to attend one meeting.
Date attended: krZ& mlr d.?R
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F1334 10
(561) 799-4121
Applications will be kept on file in the City Clerk’s ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Application for City Advisory BoardCommittee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
ovided by law.
Name: crA'i& LP L\& Home Address: $3 bWIP 24 bar
City: $zG Zip:JW& Home Phone Number: ( ) Work Phone Number: ( ) flrc 3w'
Years of Residency? /A E-mail address:
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
P Art in Public Places Advisory Board (generally meets 1" Monday of each month at 530 pm.)
0 Community Aesthetics Board (meets 1" Wednesday of each month at 530 pm.)
0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO pm.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO pm.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 am.)
0 Budget Oversight Committee (generally meets twice a year during regular business hours.)
Planning, Zoning & Appeals Board * (meets the 2"d and 4'h Tuesdays of each month at 6:30 pm.)
(*Required to file a statement of financial interest form)
If you have checked more than one box, whch would be your:
1" Choice 2"d Choice 3'd Choice
Are you currently serving on a Palm Beach Gardens Board or Committee? (x ) Yes ( ) No
Previous service on ciity' Boards or Committees? (3 Yes (
Which one(s) 3: '2 Date(s) of Service: [WG - $reoPbT
Which one( s) p* 3
) No
Are you currently serving on a Palm Beach County Board or Committee? (2) Yes (
Which one(s) ba.6 A&& A (h krJr
Previous service on County Boards or Committees? ( 4) Yes (
Which one(s) ShEr f Date(s) of Service: /Yf> * 76
) No
) No
Are you able to attend: ( &) daytime meetings ( k) evening meetings
Are you registered in the State of Florida? l& Another State: *
Another State: c30 + Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license?
How long have you practiced the above profession? d? vat\
Preferred mailing address: ( ) Home (>( ) Office
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
committee: ( )Yes( )No
- I Professional Background (Please check the amromiate boxes)
r
o visual, performing or literary arts.
P Architect, Architecture designer, landscape designer
0 Urban planningldesign
0 Arts and cultural institution management
0 Building construction
Horticulture and landscaping a Youth or adult educator
P Owdoperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
P Attorney
0 Engineer
0 Real estate professional
0 Landsurveyor
0 Banker
0 Accountant a Other
, By Code (Ordinance 17,2004), some Boards/Committees have specific requirements for membership
Educational Background:
Didoma. Degree or Certificate Institution Course of Study
Are you registered to vote in Palm Beach County? (&Yes (
Have you participated in civic or community activities: Yes: (
If yes, please explain:
) No
) No: ( )
role and time commitment to the Boards or Committees to which I have applied. *
How did you learn about the Board or Committee for which you have applied:
City’s Web site: Community Group: Newspaper (specify)
City’s direct mail Brochure: Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on fire in the City Clerk’s ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Application for City Advisory BoardCommittee Appointment
Please Note: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as
provided by law.
city: 88- 6. Zip:!?3qlr Home Phone Number: 4i6h &263??\6 Work Phone Number:$b rjJ d
s49 Years of Residency? & E-mail address: &M&d ,&&%!I ..Vdfk , A4vy, -/MIL
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
0 Art in Public Places Advisory Board (generally meets 1'' Monday of each month at 530 p.m.)
0 Community Aesthetics Board (meets 1" Wednesday of each month at 530 p.m.)
0 Education Advisory Committee (meets the 2nd Wednesday of each month at 7:OO p.m.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.)
0 Budget Oversight Committee (generally meets twice a year during regular business hours.)
Id Planning, Zoning & Appeals Board * (meets the 2nd and 4'h Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1" Choice 2"d Choice 31d Choice
Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( &No
Whichone(s)
Previous service on City Boards or Committees? (
-
) Yes ( &No
Which one(s) Dat&s) of Service:
Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes ( NO
Which one(s)
Previous service on County Boards or Committees? (
Which one(s) Date(s) of Service:
) Yes ( &No
Are you able to attend: ( \//daytime meetings ( J ) evening meetings
. ,o&&,d
P *'
Another State:
Another State:
Are you registered in the State of Florida?
Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license?
How long have you practiced the above profession?
Preferred mailing address: ( KHome (
Could your occupation pre nt a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ( JNo
Please explain:
#d
4%'
) Office
0
ressional Background (Please check the appropriate boxes)
0 Visual, performing or literary arts.
0 Architect, Architecture designer, landscape designer gf Urban planningldesign
0 Arts and cultural institution management &f Building construction
Horticulture and landscaping
0 Youth or adult educator
0 Owdoperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Attorney d Engineer
0 Real estate professional
0 Landsurveyor
R Banker
0 Accountant
0 Other
By Code (Ordinance 17,2004)’ some Boards/Committees have specific requirements for membership
Educational Background:
Diploma. Degree or Certificate Institution Course of Studv
Are you registered to vote in Palm Beach County? ( .&e, ( ) No
Have you participated in civic or community activities: Yes: IO: ( )
I unde tand the duti?) role and time commitment to the Boards or Committees to which I have applied. 7
How did you learn about the Board or Committee for which you have applied:
City’s Web site: Community
City’s direct mail Brochure:
Prior to submitting an application, you are encouraged to attend one meeting.
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on file in the City Clerk’s ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Years OfROddUEy'? E-mail addms:
WnCH BOW OR CwmE ARE YOU APPLYING FOR:
0 Art in hhlk nnccs Advisory Board (mcctr 3" Tucsrtny rt each month at 530 pm.)
0 Community Acslhetkr BowrJ (mcch I' Woclnwdry oCmwh month at 530 pm.)
U Parks and Rccrcrtiun Advisoty Board (mcctr the 3'" Monday ofrnsh month at 7:OO p.m.)
P Economic DEvclopmcnt Advbnry Mrrd (me& the 2M Thursday of crch month nt k30 a.m.)
0 Bud#d Oversight Cnmmittcc (mntz tbc k llrandny of cack month at 8:s am.)
VPlonning. 7~ni1& a Appeals Bond * (meets tho 2M and 4* Tuesdays of each mo.kth at 630 pm.)
(*Rcquiml to Qlr I strtcmcnt . otfinmdal intercrt form)
If you bnva checkcdmorc than one box, which would beyour: 1 I' Choice 2w' 3" Choicc
Board or committe~l ( ) Yes ( ) Nn Y
whichOne(8) M8)Of
Arc you cumntly serving nn a Palm Resch Couaty Rod gr Commiitcc? ( ) Yes ( ) NO
EduaUomd Background:
HohdIpu lcnrn nhut thc hard or Chrnrnittce for which you hnvc applied:
Prior UI mhnrining on application, ytn~ me encormaged 10 attend me mae@hF.
Date rttondwt:
PICAS@ return tho applicntion mdrcsume to:
City Clerk
Palm Beach G~CIIS, Fl334 10
10500 North Military frail
(561) 799-41 21
FOR USE BY CJTV OF PALM BEACH GARDENS ONLY:
Appohted to:
Date of Appoinlmtnt:
0riemtnti.m I*
Application for City Advisory BoardCommittee Appointment
Phase Note: Pursuant to FS 1 19.07 the information provided in this application is wnsidered to be public rewrd, except as
provided by law.
city: PBO Zip: 33 3 '0 Home Phone Number: @.J) 3L4 5 79 5 Work Phone Number: ( )
0 Art in Public Places Advisory Board (meets 3'd Tuesday of each month at 530 pm.)
[B Community Aesthetics Board (meets Id Wednesday of each month at 530 pm.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 700 pm.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.)
0 Budget Oversight Committee (meets the 4" Thursday of each month at 8:30 a.m.)
Planning, Zoning & Appeals Board * (meets the Znd and 4& Tuesdays of each month at 6:30 pm.)
(*Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1 st Choice f z e A 0 Znd Choice C A 6
Are you currently serving on a Palm Beach Gardens Board or Committee? (
31d Choice
) Yes (Y )No
Which one(s)
Previous service on City Boards or Committees? ( ) Yes ( % )No
Which one(s) Daws) of service:
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? ( ) Yes ( )c ) No
Which one@) Daws) of Service:
Are you able to attend: ( d) daytime meetings ( 4 evening meetings
What would you hope to accomplish by participating?
770 HELP -Et> ?A LM E€/+< I4 GAKDEdS
Present Employer: .//A
Address:
Profession:
) Yes ( x ) No
A 6\GIJATUc1ZE. LIT\/
c3p~ FE ss J QNA L E NG I NE e K
Position:
Are you registered in the State of Florida? 'f E 5 Anotherstate: NJiA
Are you licensed in the State of Florida: 7 E 5 Anotherstate: d/A
Do you possess a City of Palm Beach Gardens occupational license? )d 0
How long have you practiced the above profession? 5 Y A R 5
Preferredmaihgaddress: (X)Home ( )Office
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )< )Yes ( )No
lease explain: IF I HA\/E CL\ ENT VdbTH h ?eoTgcr
HpJDi2-R pgrz GF-VIEW
kssional Background (Please check the appropriate boxes)
0 Visual, performing or literary arts.
0 Architect, Architecture designer, landscape designer
0 Urbanplmdesign
o Arts and cultural institution management
o Buddmgwnstruction
0 Horticulture and landscaping
0 Youth or adult educator
o Woperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Attorney
Y Engineer
0 Real estate professional
0 Landsurveyor
0 Banker
0 Acwmtant
~
I By Code (Ordinance 17,2004). some BoardslCommittees have specific requirements for membership
Are you registered to vote in Palm Beach County? ( & )Yes ( ) No
Have you parhcipated in civic or community activities: Yes: ( k) No: ( )
I undersphd the duties, role and time commitment to the Boards or Committees to which I have applied.
dS/ 13 /O 3
Date
How did you learn about the Board or Committee for which you have applied:
City’s Web site: Community Group: Newspaper (specify) ?41 PI 8g City’s direct mail Brochure: Other: (specify) POSi
Prior to submitting an
Date attended: 0570 ?b 8 plic tim, you are encouraged to attend one meeting
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, Fl33410
(561) 799-4121
Applicatims will be kept on file in the Ciry Clerk’s ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
FrOm:
Sent:
To:
Subject:
Hi Donna,
J Koemer [J-Koerner@hotmail.com]
Friday, June 06,2008 501 PM
Donna Cannon
PZ&A Board Application
As I mentioned earlier today, I would like to amend my application for the Planning, Zoning and Appeals Board
to show that I am employed with Palm Beach County's Land Development Division as a Professional Engineer.
Since I will not be working in the private sector of engineering, I do not feel that this new position will create
any conflicts of interest with a position on this board.
Please take this information into consideration when reviewing my application.
Thank you,
Joanne Koemer, PE
1
c
JOANNE MARIE KOERNER, P.E.
10155 Daphne Avenue, Palm Beach Gardens, FL 33410
J-Koerner@hotmail.com
(561)324-5795
OVERVIEW
As a Professional Engineer, I have based my career on being efficient, professional and ethical in
every possible aspect. I have proven my abilities to excel on an individual basis but am also able to
work effectively as part of a team. I take immense pride in being a Civil Engineer and know that
this pride shows in each project that I have the opportunity to work on. I am extremely experienced
in the stormwater, utility and roadway design and permitting aspects of residential, commercial,
mixed-use and redevelopment projects and also have a strong background with city and county
work.
WORK EXPERIENCE
MSCW, INC. - 2004 to 2008
Senior Project Engineer
Extensive experience in site plan preparation
Responsible for obtaining planning and zoning approvals
Extremely familiar with zoning and site plan process with several local governments
Experience with Palm Beach County permitting process, including drainage
driveway connections permits, utility and irrigation permits
permits,
Responsible for preparing drainage reports and for coordinating transportation analyses for
applications to Palm Beach County for approval
Experience with attending planning and zoning board meetings and commission hearings
for plat and site plan approvals on behalf of clients
Responsible for maintaining client satisfaction on projects
Accountable for complete project quality control and final production of all professional and
technical work products for project design from beginning to close-out
Responsible for construction administration on residential and commercial projects and able
to effectively communicate with construction contractors
Comprehensive understanding of SFWMD Environmental Resource Permitting
Extensive experience in construction permitting with FDOT, FDEP, NPDES, SFWMD,
SWFWMD, SJRWMD and several municipalities in South and Central Florida
Established several contacts and personal relationships with staff at various permitting
agencies
Widespread knowledge of ADA requirements
Gained a thorough knowledge of Civil Engineering software including ICPR v3.02,
WaterCAD and AutoCAD 2007
Coordinated schedules of production staff
Preparation of construction plans for residential projects ranging from 97 to +1,000 home
sites including grading, master and secondary stormwater system design, potable water,
sanitary sewer and reclaimed water design and lift station design
Preparation of plans for multi-family developments
Preparation of construction plans for commercial properties
0 Preparation of re-development construction plans for commercial property to mixed-use
property
Preparation of due diligence report to assist client in making decisions to purchase property
Created stormwater tables to estimate amount of property required for stormwater treatment
and attenuation depending on local limitations
Provided engineering input to DRI projects
Coordination with local government on project under DCA review
Attended permitting and design seminars and updated company staff on latest design
requirements
0
0
0
UNIVERSITY OF CENTRAL FLORIDA - 2003 to 2004
Researcher and Analyst
0 Worked under Dr. Mohammed Abdel-Aty on a two-year project funded by FDOT that
focused on signalized intersection safety in several Florida counties
Prepared manual for JDOT staff to predict the number of crashes and their severity at
intersections based on intersection geometry
HARTMAN & ASSOCIATES - 2001 to 2003
Construction Administration Assistant
0
0
Responsible for document control, tracking shop drawings and maintaining project files
Created cost database to estimate future projects’ expenditures
REGISTRATIONS & AF FILIATIONS
0
0
0
Professional Engmeer, State of Florida, Passed Exam 2007
Engineer Intern, State of Florida, 2002
Member of Palm Beach Chapter of FES and Chairwoman of Awards Committee
PUBLICATIONS
0 Keller (Koerner), J., Abdel-Aty, M., Brady, P., 2006. “Types of Collision and Crash Data
Evaluation at Signalized Intersections.” ITE Journal vol. 76 no. 2,30-39.
Abdel-Aty, M., Lee C., Wang, X., Nawathe, P., Keller (Koemer), J., Kowdla, S., Prasad, H.,
2006. “Identification of Intersections’ Crash Profiles/Patterns.” Florida Departme nt of
Transportation.
Abdel- Aty, M., Keller (Koemer), J., 2005. “Exploring the Overall and Specific Crash
Severity Levels at Signalized Intersections.” Accident Analysis and Prevention 37,417-425.
Abdel-Aty, M., Brady, P., Keller (Koerner), J., 2005. “Analysis of Types of Crashes at
Signalized Intersections by Using Complete Crash Data and Tree-Based Regression.”
Transoortation Research Record: Journal of the T ransoorta tion Researc h Board Issue 1908,
37-45.
0
0
0
EDUCATION
0 Master of Science, Civil Engineering Transportation Systems
University of Central Florida, July 2004 - Overall 3.8 GPA
Bachelor’s of Science, Civil Engineering
University of Central Florida, May 2003 - Overall 3.4 GPA
0
Application for City Advisory BoardKommittee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Years of Residency? 2
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
0 Art in Public Places Advisory Board (generally meets lSt Monday of each month at 530 p.m.)
0 Community Aesthetics Board (meets lSt Wednesday of each month at 530 p.m.)
0 Education Advisory Committee (meets the 2nd Wednesday of each month at 7:OO p.m.)
Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 am.)
0 Budget Oversight Committee (generally meets twice a year during regular business hours.)
Planning, Zoning & Appeals Board * (meets the 2nd and 4'h Tuesdays of each month at 6:30 p.m.)
(*R.equired to file a statement of financial interest form)
I If you have checked more than one box, which would be your:
1' Choicer-, h4 2"d Choice fit63 d&qd Choice
Are you currently serving on a Palm Beach Gardens Board or Committee? (
Which one(s)
Previous service on City Boards or Committees? (
Which one(s)
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? (
Which one(s) Date(s) of Service:
Are you able to attend: (
What would you hope to acco lish by participating? -
) Yes mo
) Yes ( No
Date(s) of P ervice:
) Yes @) No
) Yes 9() No
) daytime meetings (3() evening meetings I
APZ 7p #$&Sm-Ve- TM [.-//hit 4W+f4b OF
Llk- tr\/ PHLm s Gu-d GRf20Ej5
Are you registered in the State of Florida? 9 t'ls
L Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license?
How long have you practiced the above profession?
Preferred mailing address: x) Home ( ) Office
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ()(> NO
Please explain:
Another State: 'j c-5
Another State: cs
uo
I qgfli2$
0 -‘I bofessional Background (Please check the appropriate boxes)
0
0
0 Urban planning/design
0
0 Building construction
0 Horticulture and landscaping
0 Youth or adult educator
0 Owdoperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Attorney
Engineer
0 Real estate professional
0 Land surveyor
0 Banker
0 Accountant
Visual, performing or literary arts.
Architect, Architecture designer, landscape designer
Arts and cultural institution management
By Code (Ordinance 17,2004), some Boards/Committees have specific requirements for membership
1
Educational Background:
Diploma. Degree or Certificate Institution Course of Studv
Are you registered to vote in Palm Beach County? ( &Yes (
Have you participated in civic or community activities: Yes: (
If yes, please explain:
) No
) No: CX,
to the Boards or Committees to which I have applied.
How did you learn about the Board or Committee for which you have applied:
City’s Web site: Community Group: Newspaper (specify)
City’s direct mail Brochure: Other: (specify)
Prior to submitting an appli ation, you are encouraged to attend one meeting.
Date attended: 9/13 [04
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on file in the City Clerk’s ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Application for City Advisory BoardCommittee Appoinlment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: /C h. Qe &P/+ ndq, Home Address: S'a / /?A
Zip:3'3v/ Home Phone Number: pq/) 77; * Work &one Number: ) ?Sg--Lo I 2 city:A BJ\ t,,A,.p
Years of Residency? 2
0 1LL fi ry CJ-rcCs.
0 7737 E-mail address: Mdk~ @ CLa I .ct7&)
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
0 Art in Public Places Advisory Board (generally meets I' Monday of each month at 530 p.m.)
0 Community Aesthetics Board (meets 1 ' Wetlnesday of each month at 530 pm.)
0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO pm.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO pm.)
0 Economic Development Advisov Board (meets the 3rd Thursday of each month at 8:30 am.)
0 Budget Oversight Committee (generally meets twice a year during regular business hours.)
p' Planning, Zoning & Appeals Board * (meets the 2"d and 4* Tuesdays of each month at 6:30 p.m.)
(*Required to file :I statement of financial interest form)
If you have checked more than one box, which would be your:
1" Choice 2"d Choice 31d Choice
Are you currently serving on a Palm
Whichone(s) F'ducctlou. A Tu!soly TOhE..;(i---
Previous service on City Boards or Committeks? ( ) Yes ('&No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? (
Which one(s) Date(s> of SA=:
Are you able to attend: (
ach Gardens Board or ,Committee? ( 3) Yes ( ) No
) Yes ( No
) Yes ( :)No
) daytime meetings ()o evening meetings
f Qyrjc-( 'y .rb- 7-w La ra*t.ct'r 0 M. &bid 12u~(cI~41011r c,
c. ,' /I nc- RtciNn, FL- fld (r [g A id :.- 4 ,. p. A,
t would you hope to accompl?sh by participating?
vrbaw 9s ow4 I nlQ(~f ' a d, y)r.*$c, It,
Present Employ,%:
Profession: EA.T,*#AC - [ weyrr C&fd[t OX- '4
Position: Pb2.r 1A4 c
Are you registered in the State of Florida?
/
Address: G(~d~.s' RA, , ,,,&IC, 3,!.!4/~ , /3
'V-Q 5 - Another state:
Another State: Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license?
How long have you practiced the above profession?
Preferred mailing address: ( ,)o Home (
Could your occupation pesent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board of
Committee: ( >Yes ($1 NO
Please explain:
Id 0
20 Ye ar -c
) Offce
i f
L
r
Professional Background (Please check the appropriate boxes)
a Visual, performing or literary arts.
0 Architect, Architecture designer, landscape designer
W Urban plammgldesign
D Arts and cultural institution management
0 Building construction
0 Horticulture and landscaping
a Youth or adult educator
a
a
8 Attorney
CB Engineer
a Real estate professional
0 Landsurveyor
a Banker
0 Accountant I
Woperate a business in the City.
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
sother -4vtcr fDA neds.1 /oL&
I By Code (Ordinance 17,2004). some BoardslCommittees have specific requirements for membership
Educational Background:
Didoma, Degree or Certificate Institution Course of Study I
I
Have you participated in civic or community activities: Yes: (F) No: ( )
If yes, please explain: cL: -4, c e Fa, cerr-7 cc bk K 14 +%-A,
mitment to the Boards or Committees to which I have applied.
/f/ - 3 e&-
Date
How did you learn about the kard or Committee for which you have applied:
City’s Web site: Community Group: Newspaper (s ai@)
City’s direct mail Brochure: Other: (specify)
e yiy4 s Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F1334 10
(561) 799-4121
Applicatiom will be kept m file in the City Clerk’s oflce for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
#
Application for City Advisory BoardCommittee Appointment
Please Note: Pursuant to FS 119.07 the information provided in thls application is considered to be public record, except as
provided by law.
Name: RlCHAm Et%Lc Home Address: 6% cOM045 hr4C
city: pw 6cU. 6MtWG5 Zip: 33q W Home Phone Number: ($1 ) ?76.*3'4 Work Phone Number: ( ) Shu6
Years of Residency? 200Y E-mail address: GPaKLr e coy
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
@ Art in Public Places Advisory Board (generally meets 1" Monday of each month at 530 p.m.)
R Community Aesthetics Board (meets 1"Wednesday of each month at 5:30 p.m.)
R Education Advisory Committee (meets the Znd Wednesday of each month at 7:OO p.m.)
R Parks and Recreation Advisory Board (meets the 3'd Monday of each month at 7:OO p.m.)
p9 Economic Development Advisory Board (meets the 3'd Thursday of each month at 8:30 a.m.)
P Budget Oversight Committee (generally meets twice a year during regular business hours.)
(meets the 2"d and 4'h Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
3
2 Dl Planning, Zoning & Appeals Board *
If you have checked more than one box, which would be your:
1 Choice 2nd Choice 3rd Choice
Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( d) No
Which one(s)
Previous service on City Boards or Committees? ( ) Yes ( d ) No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee? (
Whtch one(s)
Previous service on County Boards or Committees? (
Which one(s) Date(s) of Service:
Are you able to attend: (
What would you hope to accomplish by participating?
) Yes ( 4) No
) Yes ( d) No
) daytime meetings ( / ) evening meetings
Present Employer: <&G A+5$ caw& lhfc
Address: 406 C~rh 005 LkPC ffit f% 33W9
Profession: sa~g$C*rQH<
Position: PRQStDWJ
Are you registered in the State of Florida?
Are you licensed in the State of Florida: 6% Another State: PJP
Do you possess a City of Palm Beach Gardens occupational license?
PO Another State:
dp
How long have you practiced the above profession? 3s qg
Preferred mailing address: ( 4 Home ( ) Office
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ( X )No
Please explain.
ir 7 I Professional Background (Please check the auurouriate boxes)
~ ---__ 1 ~~- City’s Web site: Community Group: Newspaper (specify)
City’s direct mail Brochure: Other: (specify)
1 ~~~~
0
0
Visual, performing or literary arts.
Architect, Architecture designer, landscape designer
0
0
0
0
0
0
0
0
0
0
0
0
0
Urban planning/design
Arts and cultural institution management
Building construction
Horticulture and landscaping
Youth or adult educator
Owdoperate a business in the City.
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
Attorney
Engineer
Real estate professional
Land surveyor
B der
Accountant
10 Other Z~J~XWX~YT i-46
By Code (Ordinance 17,2004)’ some Boards/Committees have specific requirements for membership
Educational Background:
Didoma. Degree or Certificate Institution Course of Study
Are you registered to vote in Palm Beach County? ( )Yes ( V) No
Have you participated in civic or community activities: Yes: ( ) No: ( J )
If yes, please explain:
I understand the duties, role and time commitment to the Boards or Committees to which I have applied,
6 L\d t& b 9\2z\v
Signature Date
How did you learn about the Board or Committee for which you have applied:
Prior to submitting an application, you are encouraged to attend one meeting.
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on file in the City Clerk’s office for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Gp001/002 09/30/2005 FR1 12:OZ FAX 561 626 0304 IPRE ABACOA
Application for City Advisory Board/Coinniittee Appointiiictit
Puisuant lo FS 119.07 the infomiation providctl in this application is considered to be public rccord, cxcept as
provitled by law.
Name: - (f 4.0 - I+olnc Ad&css: %7) *- -:wjc]A \L ',w<\&-
City: P%&' ZipS3?\3 Horix: Phonc Number: HJ 'k!G Gi?,)Work Phone Numbcr: (&( G32 .mk
Years of Rcsitlcncy? 7 -w\ E-mail addrcss. Ak&.\db&? hh%&Ab/u 3
WHICH BOARD OR COMMlTrEE ARE YOU APPLYING FOR:
If you have clicckctl niorc than oire box, which would bc your:
: C!h:>;c-
Which onc(s)
previous servicc oil City Boards or Coniniittees? (
Which onc(s) -
Are you cttixnlly serving on II Rilni Dcacli County Board or Commifiec? (
Prcvious scrvice on Corctity Boards or Committees? ( ) YCS ( '4
Which onc(s) -
Are you ablc to attend: ( &ayllmc nltctings ( &&ring incctings
What worikl you Iropc to accomplish by participating?
. T- r \+,--(p [,>W 06 G CAV.1 UFTA \ kd\kJ-k \7 '5 T33iGTq
I'resent ~mp~oyer: 6XX.F
2- . cjlnjci: .., . . !.:hcli:L: I;
Are you crinrnlly scrving on a Priiin Beach Gardcis Board or Commillcc? ( ) Yes ( 1 /- }No
)Yes ( 6 Datc(s) of Scrvicc.
) Ycs (
Which one(s) -. --
Date(s) of Scrvicc:
c jA&Cl?
Are you registered it, tlic Sale of' Florida? >IC?.\
An: you Ijccciscd in the State of Florida: y"-\
Do you possess ii City of' I'alin Bcsch Cardcns occupt~tional liccnsc?
How long I~nvc you practiced Ihc above profcssioti? 4:
Preferred niailiilg address: ('dHomc ( ) Offkc
Could your occupntion prcsc
hnotlrer State:
Anothcr Slatc:
b!<> -* TJ,f \=2
a conflict of inkrcst on any subject inalter discussed, reviewed or decided tipon by the Bowd or
Please explain:
Q002/002 09/30/2005 FRl 12303 FAX 561 626 0304 IPRE ABACOA
0 Horticull1ii-c and landscaping u Youth or adulr educator
0
u
Ownlopctate a busiiicss in thc City.
Mcinbcr oFI3usiness Dcvelopincnt Board. North P:iIin Bcnch Coiuity Chamber of Coiiirnerce or PGA Corridor Association.
Educatioiirl Rackgroiuici:
City Clcrk
10500 North Mi1it;tty 'Flail
Palm Beach Gatdens, FI 334 10
(561)799-4121
Applicarions will 6s kept onjile in the Ciry Clerk's o//;cce,for two (2) yccN's.
FOR USE BY crry OF PALIM BEAC~I GARDENS ONLY:
Appointed to:
Date of Appoiritrncnl: - --
Oriciitalion Datc.
Application for City Advisory J3oardCommittee Appointment
J#knse Note: pursuant to FS 1 19.07 the information pmvided m this application is considered to be public record, except as
Years ofResidency? 37 E-mail address:
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
0 Art in Public Places Advisory Board (generally meets 1" Monday of each month at 5:30 p.m.)
0 Community Aesthetics Board (meets lst Wednesday of each month at 5:30 p.m.)
0 Education Advisory Committee (meets the 2"d Wednesday of each month at 7:OO p.m.)
0 Parks and Recreation Advisory Board (meets the 3"' Monday of each month at 7:OO p.m.)
'pIL Economic Development Advisory Board (meets the 3& Thursday of each month at 8:30 a.m.)
0 Budget Oversight Committee (generally meets twice a year during regular business hours.)
Planning, Zoning & Appeals Board * (meets the 2" and 4" Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
31d Choice
AreyouarrreattyservingonaPalml3eachGarciensBoan-lorCommittee? ( )Yes ()(+)No
whicho.me(s) - olre(s)
An you currently sewing on a Palm Beach County Board or Committee? (
Wkhone(s)
Previous service on County Boards or Committees? ( ) Yes 2) No
Which one@) Date@) of Se 'ce:
Are you able to attend: @$&time meetings 3(, evening meetings
PlW'hlS e OR c$' kdS CS ~O%l?I&tXS? ( 1 YS
) Yes ) No
AX you registtrea in the state ofr;lorida? )? 5
Are you licensed in the State of Florida: >5
Do you possess a City of Palm Beach Gardens occupational license? bb
How long have you practiced the above profession?
Another State:
Another state:
s\+ Lq4Q) /= .
Preferredmailingaddress: ( )Home ()6.office
Please explain:
P Viperforrnjngor~arts.
0 Archaed,Arrhitecturedesi~,r.~gnel
0 urtrenplarrrmrsidesiep
0 Artsand~~irrstitutionmaaagement
0 Buildingamtmctb
P Hcutkdme -J'tandscrmine
0 Yaithoractnttednadar
(1 OwdoperateabnsinessintheCdy.
0 ~afBusinessDevelopmentBoard,N~PalmBeachCountyChamberofComrnerceorPGACofiidarAssociation.
OAtEorney
REngineer N westafe-
0 Mslaveyor
oJ3alkr
0 Aammtant
ootber
Arc you registered to vote in Palm Beach County? %)Yes (
Have you participated in civic or community activities: Yes: (& NO: (
) No
bnent to the Boards or Committees to which I have applied.
H& did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (speci@)
City's direct mail Brochure: Other: (specify)
Prior to submiiting an opplkztion you ore encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on fire in the City Clerk's opce for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointmat:
Orientation Date: <
561 6721 958 08/18/2007 16: 17 IF157 P. 002/003 e Frm: Fischer Gaeta Corp.
' 09-19-07AO$:45 ~(CVC
Application for City Advisory BoardChmmittae Appointment
,k( M in Pobk Places Advisory Board (meets 3d Tuesday of each month at 530 pm.)
CwrnmDftyAt#~eticsBoard (nets 1" Wednesday of each montb at 5:30 p.m.)
0 Parka and Recreation Mvisory Bd (meets the 3d Menday af each rnautb at ROO p.m)
Eoonomfc Dcvelopmmt Advhry Board (meets the 3* Thursday of each month at 8:30 a.m.)
0 Budget outnlpht Committee (meets the 4* Thursday of each month at 830 om.)
Planning, Zoning & Appeab Board * (meets the Zmd and 4" Tuesdays of ach mwth at 690 p.m.)
(*Rqdred to fik a otitement of financial interest form)
4 Frorn:Fischer Gaeta Corp. 561 6721 958 og/ia/2007 16: 17 11157 P. ow003
... . .. . ... . . . .. . . . . . . . . .. . - .. .__ . -____ ___-
LETTEROFTRANSMITTAL Fischer Caeta Corp -Rsdwate-
5228 HOOD ROAD, Sum lo0
w
PALM BEA(=II WENS, FLOIUDA 33418
(561) 627-1500
FAX (561) 627-1958
~- ~-
DATE: S~ER 18,2007
TO: htd& hid-- City Ckk
FAX: 561-799-2124
PHONE: J61-799-4122
RE: City Advi~oy Board AppHcation
PAGES. 3 (mchubgcover)
Dear Ma. snider,
As we discussed yestday, attached you will find my completed and signed Application fbr City
Advisory Boqi-AppointmaK Please include my name fix consideration for appointment to one of the
boards 88 hdicbt.4 on the attached application. Thank you fax your aasistanct.
Application for City Advisory BoardCommittee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
0 Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 pm.)
Commiinity Aesthetics Roard (meets 1'' Wednesday of each month at 530 pm.)
Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.)
(meets the 4Ih Thursday of each month at 8:30 a.m.)
Economic Development Advisory Board (meets the 2nd Thursday of each month at 8:30 a.m.)
(meets the 2"d and 4Ih Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
3
LI Budget Oversight Committee % PJanning, Zoning & Appeals Board *
If you have checked more than one box, wh' h
lst Choice &fU. 2'ld Choice AP5tkw Choice h&A
Are you currently serving on a Palm Beach Gardens Board or Committee? (
Which one(s)
Previous service on City Boards or Committees? ( ) Yes fi No
Which one(s) Date(s) of Service:
uld be your:
) Yes (3() No
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? (
) Yes (h No
) Yes ( ) No Which one(s) Date(s) of service:
Are you able to attend: ( / ) daytime meetings ( /- ) evening meetings
Address:
Profession: NGzWV .-
Position:
Are you registered in the State of Florida? vl s
Are you licensed in the State of Florida: qd
Do you possess a City of Palm Beach Gardens occupational license?
AnotherState:
Another State:
How long have you practiced the above profession? I qLa94
Preferred mailing address: ) Home ( ) Office K
Could your occupation pr sent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes&No
Please explain: -
I Professional Background (Please check the appropriate boxes) L
r
o
P
P Urban planning/design
0
0 Building construction
0 Horticulture and landscaping
Youth or adult educator
Owdoperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Attorney
Engineer
0 Real estate professional
0 Landsurveyor
0 Banker
0 Accountant
Visual, performing or literary arts.
Architect, Architecture designer, landscape designer
Arts and cultural institution management
By Code (Ordinance 17,2004)’ some BoardsKommittees have specific requirements for membership C
Educational Background:
Diuloma, Den ee or Certificate Institution Course of Study
Are you registered to vote in Palm Beach County7 &)Yes ( ) NO
Have you participated in civic or community activities: Yes:
1
I understand the duties, rkand time commitment to the Boards or Committees to which I have applied.
- Signature Date
How did you learn about the Board or Committee for which you have applied:
City’s Web site: ,/ Community Group: Newspaper (specify)
City’s direct mail Brochure: Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please retum the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
,' %
Pfeuse Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
Application for City Advisory l3oardComrnittee Appointment
Years ofResidency? 'fo $- E-mail address: 40SaJP ( q 0 M c 4 ,t , u4 f
WHICH BOARD OR COMMlTTEE ARE YOU APPLYING FOR
0 Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 5:30 pm.)
R Community Aesthetics Board (meets lst Wednesday of each month at 5:30 pm.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO pm.)
0 Economic Development Advisory Board (meets the 2"d Thursday of each month at 8:30 am.)
R Budget Oversight Committee (meets the 4th Thursday of each month at 8:30 am.)
mlanning, Zoning & Appeals Board * (meets the 2"d and 4th Tuesdays of each month at 6:30 pm.)
(*Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1' Choice 2"d Choice 3rd Choice
Are you mtly serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( 6
73
3
I
Are you currently saving an a Palm Beach County Board or Committee? (1/1'Yes ( 1
whichone(d) \?lrpk S(fv\I/- Ca6+PrNA..ctlrV6- buE,4 3
Which one($ Date(s) of &ce:
<_
J c3
4
Previous service on County Boards or Committees? ( ) Yes ( ) No
Are you able to attend: ( >(, daytime mdings ( 8 evening meetings ..
'4
\3
I Professional Background (Please check the appropriate boxes) L
r
OvisUal, performing or literary arts.
0 Architect, Architecture designer, landscape designer
o Urbanplanningldesign
0 ;Arts and cultural institution management
0 Buildingconstruction
0 Horticulture and landscaping
0 Youth or adult educator
0
P(Member of Business .. own/operate a business in the City.
0 0 Attorney Engineer SUS
P Real estate profMona1
o Landsurveyor
0 Banker
0 Accountant
p/ather Qhw h&Q, .t k CIC~ Sughes D4-f-
L
Educational Background:
DiDloma. Dqmc or certificate Institution Course of Study
By Code (Ordinance 17,2004)’ some Boards/Committees have specific requirements for membership
. -
Are you registered to vote in Palm Beach County? (des (
Have you participated in civic or community activities: yes: 6~0: (
)No
If yes, please explain: !e **.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied.
$7.069
How did you learn about the Board or Committee for which you have applied:
City’s Web site: Community Group: Newspaper (specify)
City’s direct mail Brochure: Other: (specify) /
Se 30 cbu&cT\ hQ-LV5
Prior to submitting an a&ication, you are encouraged to attend one meeting.
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
July, 2008
Robert {Bob) Savel is a Florida licensed pharmacist and a graduate of The
Massachusetts College of Pharmacy. He is a resident of Palm Beach Gardens and has
practiced pharmacy in Palm Beach County since 1962. He owned and ran Tequesta
Pharmacy, Inc from 1985 to 2005. After 20 years of private ownership, a retirement
decision was made and CVS acquired Tequesta Pharmacy in 2005. Mr. Savel is now
semi-retired, working part-time as a pharmacist.
He previously served as a member and Chair of the Advisory Council(s) of Eisenhower
School, Howell Watkins Middle School and Palm Beach Mens High School.
He has gained a significant amount of local exposure after serving on the City of Palm
Beach Gardens Zoning Board of Appeals, Jupiter/Tequesta Chber of Commerce, and
Jupiter Business Group. On a state level, he is an officer and member of Florida
Association of Health Care Pharmacists, a past member of DUR [Drug Utilization
Review] Committee for The State of Florida Medicaid Drug Program, while also
receiving Governor Appointment to serve on the State of Florida Nursing Home
Ombudsman Committee. Currently, he is a member of the Florida Pharmacy
Association where he held membership on the Board of Directors and also a supporting
member/past president of the Palm Beach County Pharmacy Association.
Mr. Savel is a member and oficer of the Jupiter Off Shore Fishing Club, a crime victim
advocate and a member/vice-chair of the Palm Beach County Victim Services
Coordinating Council.
Row P. Savel
3855 Buttercup Circle South
Palm Beach Gardens, Florida 33410
Home; 561-622-5 148
Cell: 561-346-3929
rosavel@comcast .net
Fa: 561-622-6613
i
Application for City Advisory BoardlCommittee Appointment
Pfease Note: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: * dhKe Home Address: 14 1s 14% h e
Zip: 33?/8Home Phone Number: $6 694 Work Phone Number: -R%T
--a%%WLef
City: ?VI;
Years of Residency? 3 6 V t-< E-mail address: SLb 5b I p
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
0 Art in Public Places Advisor3 Board (meets 3'' Tuesday of each month at 530 p.m.)
0 Communitj Aesthetics Board (meets I" Wednesday of each month at 530 p.ni.)
0 Parks and Recreation Advisory Board (meets the 3r'i Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 2'Id Thursday of each month at 8:30 a.m.)
0 Budget Oversight Committee (meets the 4'h Thursday of each month at 8:30 a.m.)
Planning, Zoning & Appeals Board * (meets the tnd and 4'h 'Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form) I
If you have checked more than one box, which would be your:
1 '' Choice 2"" Choice 3'" CIioice
Are you currently serving on a Palm Beach Gardens Board or Committee? (
Which one(s)
Previous service on City Boards or Committees? ()o Yes (
Which one(s) xA A & i-svfq Date(s) of Service: Yc I 44 - 1 qs
Are you currently serving on a Palm Beach County Board or Committee? (
) Yes ( No
) No -
) Yes (X ) No - 1L Which one(s)
Previous service on County Boards or Committees? ( 8) Yes ( 144 5- r49'7 ) No )L Date(s) of Service: Which oy($ uv{m CY Tas d w Are you able to attend: ( ) daytide meet$&fe) evening meetings
ok';e&'\/.e OPJ hl ov\ What would you hope to accomplish by participating?
.\
Position :
Are you registered in the State of Florida? do
Are you licensed in the State of Florida: flJ
Another State:
Another State:
Do you possess a City of Palm Beach Gardens occupational license? -Id&
How long have you practiced the above profession? 8 y rs I
Preferred mailing address: ( ( ) Ofice
Could your occupation pres t a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes( $0
Please explain:
J
Didoma, Degree or Certificate Institution Course of Study
El! €du&-70k,
0 Urban planning/design
Visual, performing or literary arts.
Architect, Architecture designer, landscape designer
Are you registered to vote in Palm Beach County? (c/JYes ( ) No
Have you participated in civic or Community activities: Yes: ( c/ ) No: ( )
If yes, please explain:
"
I under-tpd the duties, role and time commitment to the Boards or Committees to which I have applied.
9-17-
Date
How did you learn about the Board or Committee for which you haw applied:
City's Web site: Community Group: Newspaper (specify) Q&$d 9-12~8
City's direct mail Brochure: Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended: 42 4 d# -
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, FI 33410
(561) 799-4121
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:,
Date of Appointment:
Orientation Date:
Application far City Advisory BoardCommittee Appointment
I Please Note: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as
provided by law.
Home Address: 4 BO f &J ow 'A DA.
Home Phone Number: 644 a -9gaork phone Number:$& J) 30 I- Q E
Years of Residency? /d E-mail address: -3 P FS Rs7;der
0
O
0
0
0
IZI
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 pm.)
Community Aesthetics Board (meets 1.' Wednesday of each month at 5:30 pm.)
Parks and Recreation Advisory Board (meets the 3d Monday of each month at 7:OO p.m.)
Economic Development Advisory Board (meets the 2d Thursday of each month at 8:3O am.)
Budget Oversight Committee (meets the 4" Thursday of each month at 8:3O am.)
Planning;, Zoning & Appeals Board * (meets the 2" and 4* Tuesdays of each month at 6:30 pm.)
(*Required to tile a statement of financial interest form)
If you have checked more than one box, which dd be your:
1 Choice 2nd Choice 31d Choice
Are you currently sening on a Palm Beach Gardens Board or Committee? (
which one@)
Previous service on City Boards or Committees? (
Which one(s) Date@) of service:
Are you currently serving on a Palm Beach County Board or Committee? (
which one(s)
Previous service on County Boards or Cpmmittees? ( 4 Yes ( ) No
Are you able to attend: (4 daytime meetings ( 4wenhg meetings
) Yes ( &No
) Yes NO
) Yes ( &No
which one(s)9 ICs*aA&k&&~$ Date@) of service: I q q2 - 1 9 44
0
I
0
I
0
03
-0
0
W
A
a3
W
2
..
0 <
76 e Kimc
- fx. 33 cfr 3
Position: DwueR
re you registered in the state ofaorida? ~GS Anotherstate: r30
/Ja Are you licensed in the State of Florida: v J Another state:
Do you possess a City of Palm Beach Gardens occupational license? -/ cs
How long have you practiced the above profession? 3 10 d caaS
Preferred mailing address: (1/, Home ( ) office
Could your occupation present a conflict of interest on any subject matter discussed, revied or decided upon by the Board or
Committee: (1/SYes( )No
Please explain: cx, .em7 # PpXickrm ;/.
fessional Background (Please check the appropriate hes)
0 Visual, perfkning or litenmy arts.
0 Architect, Architecture designer, landscape designer
o Urban planrinddesign
0 Arts and cultural institution management
o Horticulture and landscaping
o Youth or adult educator
0
0
0 Attorney
o Engineer d RIA estate professional
Landsurveyor d Banker
o Accountant
!/Building amstructial
own/operate a business in the City.
Member of Business Development &>srd, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 other
By Code (Ordinance 17,2004). some BoardsKommittees have specific requirements for membership
Eduational Background:
Diploma. Deer ee or Certificate Institution course of study
P4C *STO,cStO ~..bvbJ bTP L Pm eridR3 TUGT~~~TG 6~ 13,444 K**9
e x*
Are you registered to vote in Palm Beach Counw (dyes (
Have you participated m civic or community activities: Yes: (
) No
)No: (4
If yes, please explain:
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. - CI I; am8
Date
How did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (specif?)
City's direct mall Brochure: Other: (specify) b~~rar G& 70 7dc DOLICD.
Prior to submitting an application, you are encouraged to attend one meeting
Date attended: -6 1
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, Fl33410
(561) 799-4121
FOR USE BY ClTY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Application for City Advisory BoardKomrnittee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
HomeAddress: //& GA6f.t
provided by law.
City:
Years of Residency? 2 3/ E-mail address: & &@C, AJCO#&&* O&/fN&A, 4
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR
0 Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 pm.)
0 Community Aesthetics Board (meets 1" Wednesday of each month at 5:30 pm.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO pm.)
WEconomic Development Advisory Board (meets the 2"d Thursday of each month at 8:30 am.)
0 Budget Oversight Committee (meets the 4'h Thursday of each month at 8:30 am.) fpl Planning, Zoning & Appeals Board * (meets the 2"d and 4Ih Tuesdays of each month at 6:30 pm.)
(*Required to tile a statement of financial interest form)
If you have c ecke more than one hich would be your:
1' Choice $2 4 2nd Choice @$ 3rd Choice
Are you currently serving on a Palm Beach Gardens Board or Committee? (
Which one@)
) Yes (v) No
( LfYes ( )No
hte(s) of Service: 88 7
Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes ( @No - Whichone@) ~
Previous service on County Boards or Committees? ( ) Yes ( ) No Which one@) Date@) of service:
Are you able to attend fidaytime meetings ( L(vening meetings
by participating?
A/ Address: 7/60 P 4/4&A+ 8 Present Employer: C/Ncw Yo& a@ @JJb.*vI 4
**c/o4 @rz+W p- *A __ - 7
Are you registered in the State of Florida?
Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license? &
How long have you practiced the above profession?
Preferred mailing address: ( &e ( ) Office
Another State:
Another State: /
#YJyM#
cM
-4
..
Could your occupation conflict of interest on any subject matter discussed, reviewed or decided upon by the Board 01
Please explain:
Fessional Background (Please check the appropriate boxes)
0 Visual, performing or literary arts.
d Architect, Architecture designer, landscape designer
0 Urban planningldesign
0 Arts and cultural institution management
0 Building construction
0 Horticulture and landscaping
P Youth or adult educator
0 Owdoperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Attorney
d Engineer
0 Real estate professional a Landsurveyor
r I By Code (Ordinance 17,2004), some Roards/Committees have specific requirements for membership
Educational Background:
DiDloma Deme or Certificate Institution Course of Study
Are you registered to vote in Palm Beach County? ( ( ) No
Have you participated in civic or community activities: Yes: (V) No: ( )
, role and time commitment to the Boards or which I have applied.
Signature Date
How did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (specify) '
City's direct mail Brdchure: Other: (specify) -2%%7
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
i
I-
Oct. 26, 2007
Biography
David L. Peters, P.E., C.P.E., MBA
Regional Vice President
Hanson Professional Services Inc.
David L. Peters, P.E., serves as Regional Vice President of the West Palm Beach ofice for
Hanson Professional Services Inc., a national firm with 20 ofices and 400 employees
nationwide. David brings more than 30 years of experience in the design and construction
industry to Hanson. He is an experienced project manager with strong analytical,
leadership and management experience. Mr. Peters has an excellent and proven track
record in business development, facility design, project and structural group
management.
His responsibilities include assisting with project needs, business development and
overseeing the day-to-day business operations.
David Peters received his B.S in Civil Engineering and his M...S in CiviYStructurd
Engineering fiom the University of Illinois and his MBA fiom the University of Iowa.
He is a registered licensed engineer in Illinois and Florida and holds non-active licenses
in the States of Washington, Oregon, Idaho, Wyoming, Montana, New Mexico, and
Iowa. In addition, he is a Certified Plant Engineer under the American Facilities
Engineers group. David has worked in construction and engineering since he was 14
years old. He has been a carpenter, concrete finisher, certified welder, miner,
maintenance department manager, construction and design engineer and design
department manager. As a consultant, David has served as a project manager, quality
assurance manager, safety engineer and staff engineer. His wide variety of experience
includes bridge, building, road and ship design, chemical plants, nuclear weapons testing
and research, nuclear fuels processing, various types of industrial plants, city and base
engineering, and many commercial and educational facilities.
In his current position, David manages a staff which includes architects, mechanical and
electrical engineers, CAD designers, technicians, and commissioning specialists. His
office is currently designing Architectural, MEP and communications systems for several
large and complex developments. In addition, his staff is commissioning over 25-
facilities located in West Palm Beach, Toronto, Canada, and throughout the US.
His professional affiliations include:
0 Design Build Institute of American
Society of American Military Engineers (SAME)
0 Warehouse Education and Research Council
0 American Society of Civil Engineers
0 Association of Facilities Engineers
HANSON
EDUCATION
B.SJCivil Engineenngnr nivelsity of
~SatUrbanaChamptngn
MSJCiviVStructma1
-n.ivemity of Illinois at
ultXUti3-C-
MBAlsusinessA- -on/universty
of Iowa
..
PROF'ESSIONAL REGISTRATION
Professionalbglneerm
ProfessiooalEngineerm,
CertiSedPlantEngineer
Natiad council of Engineering Examiners
NCEES
PROFESSIONAL AFTILUTIONS
0 DesignwdMInsti~ofAmerican
0 societyofAmericanMilitaIy
EnsinegS(SAw
0 Wsrehouse~maudResearch
chmd
American Society of Civil Engineers
of Facilities Engineers 0- ..
TIMEWITHHANSON
1 Year
TIMEWITHOTHERFIRMS
29 Years
David L. Peters, P.E., NCEES, CPEFE
Principal-in-Charge
Mr. Peters is a regional vice president and Principal-in-Charge for
Hanson. He has experience as a project manager with strong analytical,
leadership and management experience. Mr. Peters has an excellent and
pmen track record in business development, facility design, project and
structural group management.
Representative projects include:
School District of Palm Beach County, West Palm Beach, FL.
Principal-in-chrvge. Hanson was selected to act as one of two
Commissioning Providers for new construction or modernization in
the lO0,OOO - 400,000 SF range providing documented confirmation
that a facility Mis the functional and performance requirements of
the building owner, occupants and operators. Hanson has completed
commissioning services for 4 schools and is currently commissioning
13 additional schools.
Shive-Hattery, Inc. Industrial seetor leader, structural group
manager, project manager, civiystroctural engineer. Led industrial
planning and muketing efforts for industrial sector of 250 plus staff
multi-discipline firm. Managed group of four structural engineers.
Client sponsor for major clients including Caterpillar, MidAmerican
Energy, KRAFT, ALCOA and Deem & Company. Managed design
projects through construction and closeout.
Menick & Company. Project manager. Markded company's
engineering services to La Alamos National Laboratory, Idaho
National Engineering and Environmental Laboratory and non-
government enti& Managed technical, schedule and cost baselines
for complex nuclear and hazardous waste projects. Prepared design
information summary documents, teehnierrl specifications and other
project relafed documents.
U.S. Government, Department of Defense, Corps of Engineers, U.S.
Air Force, Defense Nuclear Agency. Reseafih engineer, design
engineer, construction engineer. Performed -h and analysis on
shock isolation of automatic data proeesaing equipment for Supreme
Headquarters Allied Powers in Europe (SHAPE) facility. Performed
facility designs including roads, roofs, remodels, new buildings and
managed the Chanute Air Force Base 4 million square feet roof
program. Performed building projects structural designs.
Oldcastle Precast Inc. Engineering and quality assurance manager
and department engineer, Northwest region. Supervised several
designers and quality assurance engineers.
Western Construction, Inc. Projedsafety engineer. Project engineer
for earthmoving and large sewage treatment pond, roads and
facilities construction.
Idaho National Environmental and Engineering Laboratory
(Loekhe-ed Idaho Technologies Ca, Westinghouse Idaho Nuclear Ca,
EG&G Idaho Ca). Lead design engineer and lead project manager.
David L. Peters, P.E.9 NCEES, CPEFE
Regional Vice President
Education:
B.SH981/Cil
Exiemk.rersNCEES
prok#kndEngbwrsrRL
Mr. Peters joined Ham in 2006 and serves as a regional vice
president. He has experience as a prow manager with strong
analytical, leadership and management experience. Mr. Peters
has an excellent and proven track record in business development,
facility desii, project and structural group management.
Shive-Hattery, Inc. Industrial sector leader, structural group
manager, project manager, civiVstructural engineer. Led industrial
planning and marketing efforts for industrial sector of 250 plus staff
multidiscipline firm. Managed group of four structural engineers.
Client sponsor for major clients including Caterpillar, MidAmerican
Energy, KRAFT, ALCOA and Deem 8 Company. Managed design
projects through construcbon * anddoseout.
Melttran, Inc. Director on board. Position concurrent with job and
school. Directed entrepreneurial company that developed,
designed and supefvised manufacture of electro-arch waste
melting facilities, which were valued from $10 to $50 Million.
Memck & Company. Project manager. Marketed company’s
engineering services to Los Alamos National Laboratory, Idaho
National Engineering and Environmental Laboratory and non-
government entities. Managed technical, schedule and cost
baselines for complex nuclear and hazardous waste projects.
Prepared design information summary documents, technical
specifications and other project related documents.
a HANSON
Oldcastle Precast Inc. Engineering and quality assurance
manager and department engineer, Northwst region. Supervised
several designers and qualtty assurance engineers. Represented
company as chairman of American Concrete Pipe Association
Technical Committee. Originated, designed, co-authored and
edited American Concrete Pipe Association quality assurance
certification program. Designed and marketed precast structures
including 3-sided bridges, box culverts, piping systems, concrete
mutts, steel forms, steel support systems and masonry structures.
Supewised installation of precast structures. Prepared plant and
projedbudgets.
Western Construction, Inc. Project/safety engineer. Project
engineer for earthmoving and large sewage treatment pond, roads
and facilis construction. Performed subcontractor coordination
and contract administration. Administered safety program. Ading
as government contractor interface negotiated contracts, obtained
payments and tracked and handled fMd changes.
Idaho National Environmental and Engineering Laboratory
(Lockheed Idaho Technologies Co., Westinghouse Idaho
Nuclear Co., EG&G Idaho Co.). Lead design engineer and lead
(Petem, confi)
project manager. Worked for the INEEL and various government
contractors that ran the site. Led staff and coordinated effort of up
to 75 engineers and contractors in successfully performing general
plant and line item projects ($100K-$5M), major projects ($5M-
$50M) and major systems acquisitions (>$50M). Supervised 3
project managers. Oversaw and performed complex structural
analyses. Prepared and contributed to safety and environmental
documents including site wide environmental impact statements.
Planned nudear fuel process hot cell cleanup and fuel storage
racks installations Advised Department of Energy, Navy, and State
and Federal oversight agencies including the Defense Nuclear
Facility Safety Board. Served as natural phenomena (seismic,
wind, and flood) topical expert for Westinghouse.
US. Government, Department of Defense, Corps of Engineers,
US. Air Force, Defense Nuclear Agency. Research engineer,
design engineer, construction engineer. Performed research and
analysis on shock isolation of automatic data processing equipment
for Supreme Headquarters Allied Powers in Europe (SHAPE)
facility. Performed facilii designs induding roads, roofs, remodels,
new buildings and managed the Chanute Air Force Base 4 million
square feet roof program. Assisted in implementation and planning
of nuclear weapons effects testing at the Nevada Test Site
(including tunneling operations, experiment installation and blast
loading effects analysis). Performed building projects structural
designs. Designed roads. Advised adions to take in response to
Emergency Response Team.
a HANSON
c
1.- - . ..
I-
-.
Mehtmn, hrc, Oireetor on Board, January 1888 to March 2001. Poaition mcurenl with job
and school. Directed entrepmeurlal company that dewkped, designed and ~lrperviml
manu(- of Elecvbsrdr WBbte melthg facflitm, whlch wre valued fmm $10 to $50
Miii.
I
WR-09-2W7 14:s 217 747 9412 P.Wm
PROFESI#ONAl LICENWES:
Mttbnal c#rrdl of Englnewhg Ewmkmr (NCaS) Reglatd, NO. 14361
Lhneed or Regbtomd Profedon81 bgimu h ow8nl state@: Whois, No. 062445075,
loma, No. 15767, New Mexico, No. 14442, Idaho, No. 8072. Montana, No. 127789PE.
Wyoming, No. 8151. Oregon, No. 18783?E, WtWhington, No. W77
Cortlticd Plant Engineer, kuociath for htllltkr Enginsarq No. 4878
H#3soN 217 747 9412 P.B4/88
f
14:s 217 747 9412 P.@5/86
e
e
m
e
0
0
!
14:- 217 747 9412 P.87-
YCUOR CAREER ACCOMPLISHMENTS
-200'7 14:W 'H#JsoN
.
I
I
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i
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217 747 9412 P.BB/W
Becaueeofmyperlorrnanceon projecIs, I was selededto present wr work to the
We&ghouw corporate leaders. Becawo I knew the pr-, had the techniial
expmtlse, and praieckd a poshhre can't fail image, I was selected to appear before the
Dufenw Nuclear fedlDties Safety Board and #re Head of the Nuclear Navy. Both
appearance8 and aU ol my pro$cts were suco838M)y completed.
Technitd Exl#ruoa Whk wwking as a desier and as a project manyler. my
bctmkal browledge was well thaughdf and recopllred. My manager at Westinghouse and Lookheed Martin idenHtied me aa a structural and naW phenomene (selamk, wind,
fbod, vdcano, torn-) technical expeR I ovwsawthe technical etfartto qualify
nuc)eartue(~poobtostwe 4tIrnw thedeslgn fuel ked. This technicaleflorl cost
nearly $1 million and reqW deftmdhg the contrlwion6 b Ihe Detense Nuclear Facilities
Wety Board and the State d Ideho EPA. WoMdng w#h my doctoral adviw. I revlowsd the adequacy d (he 603facMy to umtlnue to wet and dry stare nuclear fuels. Because 04 my intimate knowledge d mptex projects and pnrc%dses, I was asked to co-author two
sedh 61 the INEL Efwkonmental hnpact Statement.
Whibruwkwrgona Dupont shuldawn, thecanetruct&m department director pmentod my
proieot plan and smopilg dDcument for the E-unit shutdown M best plan thet he had
aeen. AlQa ett Dupont, I designed a slmtural Mil61 a fabd heal reoyclhg duct and
the piping sy8tam tor a VAMP @ot plant. Them de6lgna we CFealhre and effective.
The piping aptem design tadlitateda difficult run of a prodwthat wa8 stickyand
hwel)y clogged pipes. The prom we8 completed on time and at one-hdl the project
engineerestlmatedbucQetolSWOk.
I have mrtten or co-wriUen 8everal technlcel papen that haw nol been presented or
pbli dye k dasdhatbn issues. Them papers dealt WW, Mghly technical pipe and
beddhg structural fanm and struohrral qualification fud storage basin facnitle6.
I have been recognized for wcessfd and hnmWe designs for standard and unique
lndusbirrl f&llt#s. One ca~~~ptual desion and cost wmaw ww for a facility to process
Ft. St Vmin nuclear fuel. Another ckdp was for !he FW proces!i pkl plant facility.
These and OW des@w imolvecl unique coordhatkn, monitoring and ccmtamhaaion isause. One faoiUly featured a murity pRlbox m top io pmbc! ire and surrounding
Ohw slgnifiant technical anownplahmenm include design of over 50 bridoeg and
Udergmund sbucturm @oxbc, pipes, and box culver@). I designed owar twenly lilt statlons (rtructwal, pipho and pumps) for a $52 mMn upgrade d the Beaumont Sewage
Tmhm Syslem. While workhg at Chanute Air Force Bsoe, I designed and overeaw a
dhg pmgram with over 4 millkm square feet of flat roofs and 2 million square feel ot
Durmg mostal mywwkhgcareer, I have attended school; Wt receiving a BS at the
Unhrem of Illinois. later an Me, and &inq toword a Ph.0, d the Unhrersity d Idaho.
ladlltles' sped nucleer materials owdents.
sroped roofs.
TOTAL P.0B
3. Licensure History
STATE
Idaho
Washington
Oregon
Montana
Wyoming
New Mexico
Iowa
LICENSE #
8072
33477
18783PE
12789
8151
14442
15767
YR. ISSUED LIC. TYPE
1995 PE Civil
1996 PE Civil
1996 PE Civil
1996 PE Civil
1996 PE Civil
1999 PE Civil
61200 1 PE Civil
LAST LIC.
VALIDDATE STATUS
1U2005 Inactive
1 112004 Inactive
1112000 Inactive
7/2000 Inactive
1U1999 Inactive
1212000 Inactive
1212006 Inactive
Application fa City Advisory Eloard/Conunittee Appointment
plpase Note: Pursuant to FS 1 19.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: Phillip A. Woodall Home*&=: 13 Dorchester Circle
City: Palm Beach GardeqgiB3418 Home Phone Number: 561, 676-~70Work Phone Number: $61) 307 - fi7m
Years of Residency? 3Oyrs. E-mail address: pabvoodall@bellsouth. net
0
0
0
0
!B f
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
Art in Public Places Advisory Board (meets 3d Tuesday of each month at 530 pm.)
Community Aesthetics Board (meets Id Wednesday of each month at S:30 pm.)
Parks and Recreation Advisory Board (meets the 3d Monday of each month at 7:OO pm.)
Economic Development Advisory Board (meets the 20d Thursday of each month at 8:30 am,)
Budget Oversight Committee (meets the 4* Thursday of each month at 8:30 am.)
Planning, Zoning & Appeals Board * (meets the 2' and 4" Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form) 3
'3
If you have checked more than one box, which dd be your:
1 Choidudget Znd Choice Planning3bCkdng
Are you currently serving on a Palm Beach Gardens Board a Committee? (
Previous service on City Boards or Committees? ( ) Yes (EQ No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County kd or Committee? (
which me@)
Previous service on County Boards or Cummittees? (
Which one(s) Date(s) of Service:
) Yes (q No
which me@)
) Yes ( Xlj No
) Yes (&No
I
7 ..
Are you able to attend: $x ) daytime meetings $x ) evening meetings
What wuld you hope to accomplish by participating?
nf The City of Palm Beach Gardens.
I\..1Cnity with my 30 yrs. of living
fiesentbplo er: Grand Bank & Trust of Florida
Address:
Profession: Banking
Position: Vice President and~arket~anan~r
Are you registered in the State of Flurida?
and working in the community.
3&l PGA Blvd., Palm Beach Gardens, Pla. 33410
Another state:
Another State: Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license?
How lung have you practid the above profession?
Preferred mailing address: ( 9 Home ( )office
Could your occupatio
Committee: ( )YesF )No
esent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
I Professional Background (Please check the appropriate boxes)
0 V~performingorliteraryarts.
P Architect, Architecture designer, landscape designer
P Urbanplannmg/design
P Arts and cultural instituticn management
P Horticulture and landscaping
P Youthoradulteducator
P Own/operateabusinessmtheCity.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA corrida Association.
o Attorney
0 Edlgmefs a Realestateprofessional
P Landsurveyor
PII Banker
0 Accountant
0 wlildingconstructian
Are you registered to vote in Palm Beach County? (
Have you participated m civic or community activities: Yes:
If yes, please explain:
( ) NO
No: ( )
PGA Corridor Association and Rotary Club
itmeat to the Boards or Committees to which I have applied.
Date August 22, 2008
How did you learn about the Board or Committee for which you have applied:
--%F City’s Web site: Community Group: Newspaper (specify)
City’s direct mail Brochure: Other: (specify)
Prior to submitting an application, you ore encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, Fl33410
(561) 799-4121
FOR USE BY ClTY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date OfApPointment:
CkieOtatianDate:
August 22,2008
Ms. Patricia Snider
City Clerk
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Fla. 33410
RE: Budget Oversight CommitteePlanning Zoning & Appeals Board
Dear Ms. Snider:
Enclosed please find my application for the Budget Oversight Committee or Planning &
Zoning Appeals Board. I have been a resident of Palm Beach Gardens and actively
involved in the community through working at local community banks and participating
in community activities.
We maintain a high quality of life style in Palm Beach Gardens and I want to serve my
city to maintain that standard of living.
I will plan to attend a committee meeting within the next thirty days.
If more information is needed, please contact me at (561) 626-9270. I look forward to
hearing from you.
Sincerely, fl
13 Dorchester Circle
Palm Beach Gardens, Fla. 3341 8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 7,2008
Meeting Date: October 16, 2008
Resolution: 98, 2008
SubjecVAgenda Item: Appointment of Alternate Members to the Community Aesthetics
Board
[ X ] Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by: #
City Attorney
I City Mankger
~ ~~ ~~
Originating Dept.:
(Staff Liaison)
Advertised:
Date: 911 7/08
Paper: The Palm
Beach Post
[ ] Not Required
Affected parties
[ X 1 Notified
/
[ ] Not required
costs: $o.oo
(Total)
$o.oo
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#: N/A
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 98, 2008
Applications
Date Prepared: October 7,2008
Meeting Date: October 16, 2008
Resolution: 98, 2008
BACKGROUND:
The purpose, powers and duties of the Community Aesthetics Board shall be to provide
recommendations to the City Council with a broad outlook towards present and future
community improvements which aesthetically enhance the neighborhoods and open space
within the city.
Applications of qualified applicants are attached for review and consideration. The previous
alternates, Mark Lenow and Lynn Silber, filled Regular Member vacancies effective
October 1, 2008 for a two-year term via Resolution 82, 2008 on October 2, 2008. The
individuals below have applied to fill both Alternate positions effective October 1 , 2008.
Joanne Koerner
Rosie Carr
Staff published notices of the vacancies at City Hall, on the city website, and in a
publication of general circulation.
STAFF RECOMMENDATION:
Staff recommends a motion to approve Resolution 98, 2008, approving appointment of
alternate member(s), to be determined by the City Council, to the Community Aesthetics
Board.
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RESOLUTION 98,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT
OF ALTERNATE MEMBERS TO THE COMMUNITY AESTHETICS
BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, Section 2-138, Code of Ordinances provides for the Board to be
comprised of seven (7) regular members and two (2) alternate members; and
WHEREAS, as of October 1, 2008, there are two (2) alternate member
vacancies; and
WHEREAS, notice of vacancies has been posted at City Hall, on the City
Website, and published in The Signafure CifK and
WHEREAS, the City Clerk has compiled applications of all interested persons
who wish to serve as members of the Board, which are attached hereto; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens 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 appointments of the following
individuals as regular and alternate members to the Community Aesthetics Board:
Alternate Member - Term
October 1 , 201 0
October 1 , 201 0
SECTION 3. This Resolution shall become effective October 1, 2008.
Date Prepared: October 7, 2008
Resolution 98, 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
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY
COUNCILMEMBER RUSSO
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
AYE NAY ABSENT
G:\attorney-share\RESOLUTIONS\2008\appointment - alternate members - cab - reso 98 2008.docx
2
Application for City Advisory BoardCommittee Appointment
Phase Note: Pursuant to FS 1 19.07 the information provided in this application is wnsidered to be public rewrd, except as
provided by law.
city: PBO Zip: 33 3 '0 Home Phone Number: @.J) 3L4 5 79 5 Work Phone Number: ( )
0 Art in Public Places Advisory Board (meets 3'd Tuesday of each month at 530 pm.)
[B Community Aesthetics Board (meets Id Wednesday of each month at 530 pm.)
0 Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 700 pm.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.)
0 Budget Oversight Committee (meets the 4" Thursday of each month at 8:30 a.m.)
Planning, Zoning & Appeals Board * (meets the Znd and 4& Tuesdays of each month at 6:30 pm.)
(*Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1 st Choice f z e A 0 Znd Choice C A 6
Are you currently serving on a Palm Beach Gardens Board or Committee? (
31d Choice
) Yes (Y )No
Which one(s)
Previous service on City Boards or Committees? ( ) Yes ( % )No
Which one(s) Daws) of service:
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? ( ) Yes ( )c ) No
Which one@) Daws) of Service:
Are you able to attend: ( d) daytime meetings ( 4 evening meetings
What would you hope to accomplish by participating?
770 HELP -Et> ?A LM E€/+< I4 GAKDEdS
Present Employer: .//A
Address:
Profession:
) Yes ( x ) No
A 6\GIJATUc1ZE. LIT\/
c3p~ FE ss J QNA L E NG I NE e K
Position:
Are you registered in the State of Florida? 'f E 5 Anotherstate: NJiA
Are you licensed in the State of Florida: 7 E 5 Anotherstate: d/A
Do you possess a City of Palm Beach Gardens occupational license? )d 0
How long have you practiced the above profession? 5 Y A R 5
Preferredmaihgaddress: (X)Home ( )Office
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )< )Yes ( )No
lease explain: IF I HA\/E CL\ ENT VdbTH h ?eoTgcr
HpJDi2-R pgrz GF-VIEW
kssional Background (Please check the appropriate boxes)
0 Visual, performing or literary arts.
0 Architect, Architecture designer, landscape designer
0 Urbanplmdesign
o Arts and cultural institution management
o Buddmgwnstruction
0 Horticulture and landscaping
0 Youth or adult educator
o Woperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Attorney
Y Engineer
0 Real estate professional
0 Landsurveyor
0 Banker
0 Acwmtant
~
I By Code (Ordinance 17,2004). some BoardslCommittees have specific requirements for membership
Are you registered to vote in Palm Beach County? ( & )Yes ( ) No
Have you parhcipated in civic or community activities: Yes: ( k) No: ( )
I undersphd the duties, role and time commitment to the Boards or Committees to which I have applied.
dS/ 13 /O 3
Date
How did you learn about the Board or Committee for which you have applied:
City’s Web site: Community Group: Newspaper (specify) ?41 PI 8g City’s direct mail Brochure: Other: (specify) POSi
Prior to submitting an
Date attended: 0570 ?b 8 plic tim, you are encouraged to attend one meeting
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, Fl33410
(561) 799-4121
Applicatims will be kept on file in the Ciry Clerk’s ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
FrOm:
Sent:
To:
Subject:
Hi Donna,
J Koemer [J-Koerner@hotmail.com]
Friday, June 06,2008 501 PM
Donna Cannon
PZ&A Board Application
As I mentioned earlier today, I would like to amend my application for the Planning, Zoning and Appeals Board
to show that I am employed with Palm Beach County's Land Development Division as a Professional Engineer.
Since I will not be working in the private sector of engineering, I do not feel that this new position will create
any conflicts of interest with a position on this board.
Please take this information into consideration when reviewing my application.
Thank you,
Joanne Koemer, PE
1
c
JOANNE MARIE KOERNER, P.E.
10155 Daphne Avenue, Palm Beach Gardens, FL 33410
J-Koerner@hotmail.com
(561)324-5795
OVERVIEW
As a Professional Engineer, I have based my career on being efficient, professional and ethical in
every possible aspect. I have proven my abilities to excel on an individual basis but am also able to
work effectively as part of a team. I take immense pride in being a Civil Engineer and know that
this pride shows in each project that I have the opportunity to work on. I am extremely experienced
in the stormwater, utility and roadway design and permitting aspects of residential, commercial,
mixed-use and redevelopment projects and also have a strong background with city and county
work.
WORK EXPERIENCE
MSCW, INC. - 2004 to 2008
Senior Project Engineer
Extensive experience in site plan preparation
Responsible for obtaining planning and zoning approvals
Extremely familiar with zoning and site plan process with several local governments
Experience with Palm Beach County permitting process, including drainage
driveway connections permits, utility and irrigation permits
permits,
Responsible for preparing drainage reports and for coordinating transportation analyses for
applications to Palm Beach County for approval
Experience with attending planning and zoning board meetings and commission hearings
for plat and site plan approvals on behalf of clients
Responsible for maintaining client satisfaction on projects
Accountable for complete project quality control and final production of all professional and
technical work products for project design from beginning to close-out
Responsible for construction administration on residential and commercial projects and able
to effectively communicate with construction contractors
Comprehensive understanding of SFWMD Environmental Resource Permitting
Extensive experience in construction permitting with FDOT, FDEP, NPDES, SFWMD,
SWFWMD, SJRWMD and several municipalities in South and Central Florida
Established several contacts and personal relationships with staff at various permitting
agencies
Widespread knowledge of ADA requirements
Gained a thorough knowledge of Civil Engineering software including ICPR v3.02,
WaterCAD and AutoCAD 2007
Coordinated schedules of production staff
Preparation of construction plans for residential projects ranging from 97 to +1,000 home
sites including grading, master and secondary stormwater system design, potable water,
sanitary sewer and reclaimed water design and lift station design
Preparation of plans for multi-family developments
Preparation of construction plans for commercial properties
0 Preparation of re-development construction plans for commercial property to mixed-use
property
Preparation of due diligence report to assist client in making decisions to purchase property
Created stormwater tables to estimate amount of property required for stormwater treatment
and attenuation depending on local limitations
Provided engineering input to DRI projects
Coordination with local government on project under DCA review
Attended permitting and design seminars and updated company staff on latest design
requirements
0
0
0
UNIVERSITY OF CENTRAL FLORIDA - 2003 to 2004
Researcher and Analyst
0 Worked under Dr. Mohammed Abdel-Aty on a two-year project funded by FDOT that
focused on signalized intersection safety in several Florida counties
Prepared manual for JDOT staff to predict the number of crashes and their severity at
intersections based on intersection geometry
HARTMAN & ASSOCIATES - 2001 to 2003
Construction Administration Assistant
0
0
Responsible for document control, tracking shop drawings and maintaining project files
Created cost database to estimate future projects’ expenditures
REGISTRATIONS & AF FILIATIONS
0
0
0
Professional Engmeer, State of Florida, Passed Exam 2007
Engineer Intern, State of Florida, 2002
Member of Palm Beach Chapter of FES and Chairwoman of Awards Committee
PUBLICATIONS
0 Keller (Koerner), J., Abdel-Aty, M., Brady, P., 2006. “Types of Collision and Crash Data
Evaluation at Signalized Intersections.” ITE Journal vol. 76 no. 2,30-39.
Abdel-Aty, M., Lee C., Wang, X., Nawathe, P., Keller (Koemer), J., Kowdla, S., Prasad, H.,
2006. “Identification of Intersections’ Crash Profiles/Patterns.” Florida Departme nt of
Transportation.
Abdel- Aty, M., Keller (Koemer), J., 2005. “Exploring the Overall and Specific Crash
Severity Levels at Signalized Intersections.” Accident Analysis and Prevention 37,417-425.
Abdel-Aty, M., Brady, P., Keller (Koerner), J., 2005. “Analysis of Types of Crashes at
Signalized Intersections by Using Complete Crash Data and Tree-Based Regression.”
Transoortation Research Record: Journal of the T ransoorta tion Researc h Board Issue 1908,
37-45.
0
0
0
EDUCATION
0 Master of Science, Civil Engineering Transportation Systems
University of Central Florida, July 2004 - Overall 3.8 GPA
Bachelor’s of Science, Civil Engineering
University of Central Florida, May 2003 - Overall 3.4 GPA
0
Application for City Advisory BoardCommittee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
0 Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 pm.)
Commiinity Aesthetics Roard (meets 1'' Wednesday of each month at 530 pm.)
Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.)
(meets the 4Ih Thursday of each month at 8:30 a.m.)
Economic Development Advisory Board (meets the 2nd Thursday of each month at 8:30 a.m.)
(meets the 2"d and 4Ih Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
3
LI Budget Oversight Committee % PJanning, Zoning & Appeals Board *
If you have checked more than one box, wh' h
lst Choice &fU. 2'ld Choice AP5tkw Choice h&A
Are you currently serving on a Palm Beach Gardens Board or Committee? (
Which one(s)
Previous service on City Boards or Committees? ( ) Yes fi No
Which one(s) Date(s) of Service:
uld be your:
) Yes (3() No
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? (
) Yes (h No
) Yes ( ) No Which one(s) Date(s) of service:
Are you able to attend: ( / ) daytime meetings ( /- ) evening meetings
Address:
Profession: NGzWV .-
Position:
Are you registered in the State of Florida? vl s
Are you licensed in the State of Florida: qd
Do you possess a City of Palm Beach Gardens occupational license?
AnotherState:
Another State:
How long have you practiced the above profession? I qLa94
Preferred mailing address: ) Home ( ) Office K
Could your occupation pr sent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes&No
Please explain: -
I Professional Background (Please check the appropriate boxes) L
r
o
P
P Urban planning/design
0
0 Building construction
0 Horticulture and landscaping
Youth or adult educator
Owdoperate a business in the City.
0 Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Attorney
Engineer
0 Real estate professional
0 Landsurveyor
0 Banker
0 Accountant
Visual, performing or literary arts.
Architect, Architecture designer, landscape designer
Arts and cultural institution management
By Code (Ordinance 17,2004)’ some BoardsKommittees have specific requirements for membership C
Educational Background:
Diuloma, Den ee or Certificate Institution Course of Study
Are you registered to vote in Palm Beach County7 &)Yes ( ) NO
Have you participated in civic or community activities: Yes:
1
I understand the duties, rkand time commitment to the Boards or Committees to which I have applied.
- Signature Date
How did you learn about the Board or Committee for which you have applied:
City’s Web site: ,/ Community Group: Newspaper (specify)
City’s direct mail Brochure: Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please retum the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
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U.S. Department of Homeland &ority
Region IV
3003 Chamblee Tucker Road
Atlanta, GA 30341
October 2,2008
Mr. Ron Ferris
City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Mens, Florida 33410
Re: Congratulations - Community Rating System
Dear Mr. Ferris:
As a participant in the National Flood Insurance Program (NFIP), your community made a
decision several years ago to participate in the NIP’S Comm~ty Rating System (CRS). As a
result of your commuuity’s outstanding performance, flood insurance policyholders within your
jurisdiction are af5orded a reduced premium on their policies.
As a token of our appreciation for your community’s efforts to reduce loss of lives and mitigate
property damage caused by flooding and by developing activities that go above and beyond the
minimum standards of the NFIP, we are pld to present to you, this plaque acknowledging
your SUOC~SS~S in the CRS. AU of us at the Federal Emergency Mauagement Agency and, in
particular, Region IV, cow you for your accomplishment,
In the years to come, we hope that you and your community will aim even higher and pursue
additional avenues to raise your CRS rating. Please give us a call at (770) 220-5400 ifwe can be
of assistance.
Brad G. bar, CFM, Director
Mitigation Division
Cc: Mr. Richard Merraro, Planner
10500 North Military Trail
Palm Beach Gardens, FL 33410
www. fema.gov
TitleRead: c/
PL...:
Staffffesentation:
HearingCtosed:
Bring back fbr discussion:
Motion:
Vote:
R#Ob 88,2008 - Tall Tala Re9taurctnt. A
Ruob of the City council of the City of Palm
Beach Garbs, Florida arncnding Section 4 of
Redub 31, 2008 fbr Tatl Taks
located within the Gandar Mountain Pld U&
Dmkpnmt (PUD) 011 a 13.18acre parcel
klulted OIL tba wm si& of saadtra Drive,
immcdirrtely South ofthe N0rthlSl;e Commons
/HomeDepot sboppitrs center, as desar'bad moria
pdc&rIyhenein;providinganeffaetive~
d~crthcrplrpo#s.
Patty Snider
From:
Sent
To: cc:
Subject:
Christy Wolnewitz
Friday, Odober 10,2008 1 1 :49 AM
Charlotte Presensky; Pam Zeugin
Tim Kasher; Ann Schilling; Patty Snider; Angela Wong
RE: Presentations at Council - Oct 10
The following will be in attendance at the Thursday, October 16th Council meeting
Karen Grosser
Director of Special Events
The Gardens Mall
qoJA W\@Xkb.
James McCarten
General Manager
The Gardens Mall
Michael Laremore
Store Manager
Publix Greenwise Market
I will have plaques for the Mayor and Council to present
Christy lh’oliiwirz, A PRP
Rccrcnriotr Cooidinn tor-
Cif-v of’Pnlm Beoch Gortlens
56 1-630-1 107
From: Charlotte Presensky
Sent: Thursday, October 09,2008 12:03 PM
To: Pam Zeugin; Christy Wolnewilz
Cc: Tim Kasher; Ann Schilling; Patty Snider; Angela Wong
Subject: Presentations at Council - Oct 16
We are making two presentations at the next council meeting. Please be in attendance and
make the necessary plans. Once you have your plans secure, please notify Patty of who will be
attending.
Pam - Read for the record thank you cards
CW - Youth Tri sponsors thank you - Mall and Greenwise.
Charlotte Presensky, Recreation Division Director
City of Palm Beach Gardens
561.630.1115
1
18/81/2888 11: 26 15614711415 ENVIROMENTAL IMlEST
May 14,2008
PAGE 02/82 63
Mr. Ron Ferris
Ci of Palm Beach Gardens
10500 North MHitary Trail
Palm Beach Gardens, FL. 33410
Re: Outstanding Recycling Participation
Dear Mr. Fern's:
The Solid Waste Authority of Palm Beach County (SWA) appreciates the continued
support and participation from your municipality in SWA's recycling program. Your
efforts have helped Palm Beach County recycle record amounts of materials in 2007
and with your continued support we are currentfy on track to exceed that record in 2008!
Your partnership is invaluable to our recycling program and your dedicated efforts and
those of your residents are truly appreciated.
TO thank you and your residents for the outstanding teamwork, dedication, and support
we would truly welcome the opportunity to present a token of our appreciation to you
and pur council members. Please let us know at your earliest convenience if it would
be possible to be included an the councii meeting agenda for a very brief public.
presentation. You may contact Susan Chapman, Public Relations Outreach Coordinator
at (561) 640-4000 extension 431 6 to schedule the presentation.
ht5mGMarnbo
Director, Recycling, CIS and Public Affairs
75Ol Worlh Jog Road, West Palm Beech, Florida 33412 (561) 640-4aOO FAX (561) 640-340fl WwcW erne@
/o//L/o% Gdefll MC~J VA J~As.
Talking points for the Fast Pitch Sofiball Travel Team
This outstanding team outscored the opponents 63-1 1 and won
the championship game in extra innings by scoring runs in the
top of the 8* inning to win 8-3.
Some of the highlights of the season:
Their record is 70-9
9 tournament championships to the credit.
They defeated teams fiom 8 different states: New Mexico,
California, Florida, Louisiana, Georgia, New Jersey, Illinois and
Arizona.
First the Players:
Taylor Schwarz
Hannah Cohn
Emma Regenbaum
Shelby Turnier
Lindsey Fussell
Victoria Velastegui
Carson Catasus
Alma Tabel
Lauren Frye
Macey Cheatham
Sarah Jane Collier
Marissa Timoteo
Coaches:
Jim Turnier
Scott Tabel
Gary Cohn
Congratulations team and we hope to see you back here next
year.
The 3rd Annual Gardens Kids Tri Youth Triathlon
Held on Sunday, October 5,2008
The Gardens Kids Tri offers kids born from 1994-2004 the opportunity to
experience a multi-sport endurance event in safe and positive environment.
Fitness events show children the importance of being
active and making healthy lifestyles choices. The main focus of this event is for
the kids', their families, and the community to have fun!
250 children ages 4-14 participated
Each child swim, biked and ran
Over 100 volunteers helped make the events a success
Sponsors
Before I mention our event sponsors I would like to thank the following support
sponsor;
Astorino Architecture $250.00
Velocity Community Credit Union $250.00
Wachovia $250.00
Moe's Southwest Grill $250.00 passes for the gift bags for participants
Spotos Oyster Bar 2- gift certificates
Our two event sponsors
0 The Gardens Mall $2,500
Karen Grosser
Director of Special Events
James McCarten
General Manager
Publix Green Wise Market; $1,000 and approximately $1,000 in a food
donation for participants and volunteers.
Mike Laremore
PBG Publix Green Wise Market Store Manager
Policy on Personal Relationships in the Workplace
The employment of relatives or individuals involved in a dating relationship in
the same area of an organization may cause serious conflicts and problems
with favoritism and employee morale. In addition to claims of partiallty in
treatment at work, personal conflicts hm outside the work environment can
be carded over into day-to-day working relationships. Individuals involved in
a dating relationship with a current employee may also not occupy a position
that will be working directly hr or supervising the employee with whom they
are involved in a dating relationship. The city also mserves the right to take
pmmpt action if an actual or potential conflict of interest arises involving
relatives or individuals involved in a dating relationship who occupy posltions
at any level (higher or rower) in the same line of authority that may affect
the review of employment decisions.
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ORDINANCE XX, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 2,
ADMINISTRATION. AT ARTICLE 111, BOARDS AND COMMITTEES.
IN ORDER TO AMEND THE COMPOSITION OF THE CITY’S
BOARDS AND COMMITTEES AND TO REVISE THE ATTENDANCE
POLICY AND THE APPOINTMENT PROCEDURES FOR SAME;
SECTION OF CHAPTER 2, ADMINtSTRATION SHALL REMAIN THE
SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware of the need to amend the composition, meeting frequency, attendance policies
and appointment procedures for all appointed boards and committees; and
WHEREAS, the City staff has drafted certain amendments in order to improve
the efficiency with which the boards and committees conduct city business; and
WHEREAS, the City staff believes that such amendments improve the function of
the boards and committees, save valuable time, and reduce the costs associated with
the business conducted by the various boards and committees and
WHEREAS, Staff recommends that Chapter 2, Administration be amended to
accomplish this purpose; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare or the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH’GARDENS, FLORIDA that:
SECTION 1. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-85, entitled “Announcement of
vacancies”, as revised, providing that this section shall hereafter read as follows:
Page 1 of 9
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Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee shall be
announced by posting a notice of t4e-m~ such vacancies at a public place in city hall,
by publishing a copy thereof in a newspaper of general circulation in the city, by posting
an announcement on the city website, or by such other method deemed appropriate by
the city, > JI o later than March 15 th for
me AD^ aDD ointment hearina and no later than September for the 0 ctober
amointment h ea ri ‘n q+ 4
These amointment hearinas shall n ormallv be conducted twice Der vear. once in April
and once ’ October: however. the citv council mav conduct additional amointment
hearinas if thev determine that additional hearinas are necessarv and prudent. The city
clerk shall also furnish to any member, whose term is expiring, a notice of such
expiration and advise if the member is eligible for reappointment.
SECTION 2. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-86, entitled “Procedure for
appointment and filling vacancies; qualifications for membership of boards and
committees”, as revised, providing that this section shall hereafter read as follows:
Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for
membership of boards and committees.
Except as otherwise provided in this Code, appointments en & boards and committees
shall be made at a regular city council meeting in accordance with the following
procedures:
(1) Vacancies in the board or committee membership shall be automaticallv filled
by - an alternate member ‘I of that board or
committee for the unexpired term of the member affected or until the semi-
annual arm ointments are mad e. wh ichever comes first. If two vacancies
occur at the same time, the second vacant seat shall be filled by the second
alternate for the unexDired term of the member affected or until the semi-
mual appointments are made. whichever comes first. Th e citv clerk shall
notifv the alt ernatets) m emberts) of hidher chanae in status to a reaulzg
member in such cases.
(2) The city clerk shall place on the council agenda the list of volunteers, including
current members who seek reappointment with their attendance and voting
records.
(3) The city council may interview board and committee members who desire
reappointment and volunteers from the city clerk‘s list.
(4) The city council shall, in public session, select the person needed to fill such
vacancy.
Page 2 of 9
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SECTION 3. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-91, entitled “Alternates”, as revised,
providing that this section shall hereafter read as follows:
Sec. 2-91. Alternates.
(a) The city council shall designate a first alternate and a second alternate for each
board or committee.
.. (b) Alternates may - not be seated at the dais or staff table. particbate in the discussion as if a
sittina member of the board or committee. or vote. unless such alternate member is
seated in the dace of a reaular member who is absent. Nothina contained in this
section shall Dreclude a non-seated alternate member from Darticioatina in a public
hearina as a member of the Dublic.
..
(c) At all meetings, the chairperson of the board shall note for the record any member
who is absent.
(d) In the absence of a regular member, the first alternate shall sit in the absent
member’s place. In the absence of a second regular member, the second alternate
shall sit in that absent member’s place. Alternate members are encouraaed to attend all
meetinas of their resDective board or comm ittee so that thev m iaht become more
familiar with its functions and Drocedures,
SECTION 4. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-92 entitled “Officers”, as revised,
providing that this section shall hereafter read as follows:
Sec. 2-92. Officers.
(a) All boards and committees shall, at a meeting during the yggi~ t, elect a chairperson and a vice-chairperson, and any other
officers as the board deems necessary. The chairperson shall preside at board
meetings and shall be the official spokesperson for the board.
(b) The vice-chairperson shall assume the duties of the chairperson in the absence of
the chairperson. At any meeting where the chairperson and the vice-chairperson are
absent, the board or committee shall appoint a chairperson pro tempore to assume the
duties of the chairperson.
SECTION 5. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
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Committees” by repealing and adopting Section 2-95 entitled “Quorum and required
vote”, as revised, providing that this section shall hereafter read as follows:
Sec. 2-95.
6 A quorum for the transaction of business shall
consist of three members for boards and committees with five members. A quorum for
the transaction of business shall consist of two members for boards and committees
with three members.
Quorum and required vote.
(a) N
(b) The affirmative vote of a majority of those present shall be necessary to take
official action. If any motion fails to achieve the affirmative vote of a majority of those
present, then such p&t#tix 2: C m otion shall fail.
Howev er. if anv motion fails to achieve the affirmative vote of a maioritv of those Dresent
as a result of a tie vote. then such motion shall be deemed to neither have failed not
gassed and it shall be deemed that no action was taken reaardina that matt er.
..
SECTION 6. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-96 entitled “Removal of members”, as
revised, providing that this section shall hereafter read as follows:
Sec. 2-96. Removal of members and attendance policv.
(a) Except as otherwise provided by ordinance, any member who no longer resides
within the city during hidher term shall automatically cease to be a member of the board
and shall inform the city clerk‘s office.
(b) Any member of the planning, zoning, and appeals board who is absent from four
consecutive regularlv scheduled meetings or cumulativelv mor e than 25 percent of
regularly scheduled meetings win am 12-month period shall be automatically
removed as a member of the board. Any member of any other board or committee who
is absent from three consecutive regularlv sch eduled meetings or more than 25 percent
of regularlv scheduled meetings min - am 12-month period shall be automatically
removed as a member of the respective board or committee. Automatic removal of a
member shall cause a vacancy to exist in the membership of the particular board or
committee. The city clerk shall send written notice of such automatic removal to the
affected member.
sons shdl be considered excused and shall not be counted aaainst the board or
1 comdv ina with a subDoena in anv court. d ocumented
sottalizatton of one’s self, spouse! child, siblina or Darent. and iurv dutv,
commttee member .. .
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All board and committee members shall serve at the Dleasure of the citv council
and mav be r emoved without cause at anv time bv a maioritv vote of th e citv council,
(d)
unless otherw ise Drovided bv the Charter or Florida Statutes.
SECTION 7. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-1 08 entitled “Membership”, as
revised, providing that this section shall hereafter read as follows:
Sec. 2-108. Membership.
(a) The board2 shall consist of swxw five regular members and two alternates. Initial
appointment of members ei & the board shall be for the following respective terms:
Few Three regular members and one alternate for two years; The &g regular
members and one alternate for one year; thereafter, all appointments shall be for a term
of two years.
(b) Appointments shall be made by the city council based on experience and interest
in arts and cultural issues in the city and shall, whenever possible, include persons who
have professional expertise or substantial volunteer involvement in:
(1) Visual, performing, or literary arts.
(2) Architecture, design, or urban planning.
(3) Arts and cultural institution management.
(4) Education.
SECTION 8. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-1 09 entitled “Meetings”, as revised,
providing that this section shall hereafter read as follows:
Sec. 2-1 09. Meetings.
*Meetings shall be at the call of the chairperson, provided the board shall convene
no less often than once 7 per auartec.
Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-1 18 entitled “Membership”, as
revised, providing that this section shall hereafter read as follows:
SECTION 9.
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(DIVISION 3. COMMUNITY AESTHETICS BOARD-Staff Recommends to sunset
this board upon adoption of this Ordinance due to inactivity; however, if council
wishes retain this board the following amendments are recommended.)
Sec. 2-1 18. Membership.
(a) The board shall consist of WWR f& regular members and two alternates. Initial
appointment of members of the board shall be for the following respective terms: Few
Three regular members and one alternate for two years; )hma &Q - regular members and
one alternate for one year; thereafter, all appointments shall be for a term of two years.
(b) Appointments shall be made by the city council based on experience and interest
in improving community and neighborhood aesthetics and shall, whenever possible,
include members with a background in building construction, architecture, urban design,
horticulture, landscaping, and related fields.
SECTION IO. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-1 19 entitled “Meetings”, as revised,
providing that this section shall hereafter read as follows:
Sec. 2-1 19. Meetings.
Meetings shall be at the call of the chairperson, provided the board shall conVene no
less often than once 7 per auarter.
SECTION 11. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-1 38 entitled “Membership”, as
revised, providing that this section shall hereafter read as follows:
(DIVISION 4. ECONOMIC DEVELOPMENT ADVISORY BOARD Staff Recommends
to sunset this board upon adoption of this Ordinance due to inactivity; however,
if council wishes retain this board the following amendments are recommended.)
Sec. 2-138. Membership.
(a) The board shall consist of sebw five regular members and two alternates. Initial
appointment of members of the board shall be for the following respective terms: Few
Three regular members and one alternate for two years; #we regular members and
one alternate for one year; thereafter, all appointments shall be for a term of two years.
(b) Appointments shall be made by the city council based on experience and interest
and shall, whenever possible, include:
(1 ) A participant in senior targeted activities.
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(2) A tennis center participant.
(3) A golf course participant.
(4) A recreational programming participant.
(5) An aquatics programming participant.
(6) An adult sports programming participant.
(7) An arts and cultural advocate.
(8) A special population advocate.
(9) A volunteer from the PBG Youth Athletic Association.
SECTION 12. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-1 39 entitled “Meetings”, as revised,
providing that this section shall hereafter read as follows:
Sec. 2-1 39. Meetings.
(a) Meetings shall be at the call of the chair, provided the board shall convene no less
often than once per quarter.
SECTION 13. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-1 48 entitled “Membership”, as
revised, providing that this section shall hereafter read as follows:
Sec. 2-148. Membership.
(a) The board shall consist of 6eve~ five regular members and two alternates.
Additionally, there shall be a representative of the school district appointed by the
school board as a nonvoting member. Initial appointment of members of the board shall
be for the following respective terms: GWF Three regular members and one alternate for
two years; #wee - &Q regular members and one alternate for one year; thereafter, all
appointments shall be for a term of two years.
(b) Members of the board shall be residents of the City of Palm Beach Gardens, and
shall be chosen from the following professions as outlined below:
(I) At least one of each of the following disciplines:
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Architects;
Enaineers;
Division 1 (aeneral. buildina. or residential) contractors.
(2) At least one of the following disciplines:
Attorneys;
Real estate professionals;
Environmental professionals;
CandScaDe architects;
Planners;
Land surveyors.
.. ivision 2 (M E P 1 contractors;
(3) At least one of the following:
One resident at large.
possible. based on the need for anv Particular discbline, 44) en necessarv. alternate members should be seated to the areatest extent
SECTION 14. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 15. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 16. Specific authority is hereby given to codify this Ordinance
SECTION 17. This Ordinance shall become effective immediately upon
adoption.
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PASSED this day of , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph R. Russo, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
FOR AGAINST ABSENT
BY:
R. Max Lohman, Interim City Attorney
\\pbg~le\Attorneyb~omey_share\ORDINANCES~OO6\Ordinance XX 2008-Amending Boards & Commissions.doc
Page 9 of 9
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PROCLAMATION
CELEBRATING 40 YEARS
PALM BEACH GARDENS MEDICAL CENTER
WHEREAS, the dedicated medical professionals at Palm Beach Gardens Medical Center have consistently met the health
care needs of the community since first opening its doors on December 4, 1968 with 89 beds; and
WHEREAS, through the past 40 years Palm Beach Gardens Medical Center has undergone numerous expansions in order
to accommodate the growing needs of the community; adding additional floors, departments and services much needed by
the community; and
WHEREAS, through the past 40 years Palm Beach Gardens Medical Center has exhibited itself a leader in medical
technology, committed to providing patients the most up-to-date services and equipment in order to promote healthy
outcomes; and
WHEREAS, on November 91h, 1983 Palm Beach Gardens Medical Center became the first hospital in a five-county area to
provide life-saving open-heart surgery services to the community, ushering in a new era of medicine in Palm Beach
County; and
WHEREAS, the quality care at Palm Beach Gardens Medical Center is well recognized, earning multiple Healthgrades™
clinical achievements that include: Distinguished Hospital Award for clinical Excellence™ for six years in a row,
America's SO Best Hospital Award for 2007 and 2008, Cardiac Care Excellence Award™, Cardiac Surgery Excellent
Award™, Coronary Intervention Excellence Award™, ranked among the Top S percent in the nation for overall Cardiac
services and Cardiology services, and Five-Star Rated for overall Cardiac Services, Treatment of Stroke, Total Hip
Replacement, Hip Fracture Repair, and 11 other treatment areas; and
WHEREAS, through it all, Palm Beach Gardens Medical Center has maintained a fine reputation for delivering outstanding
healthcare with a warmth and friendliness valued throughout the community; and
THEREFORE, BE IT RESOLVED that the City of Palm Beach Gardens does hereby congratulate Palm Beach Gardens
Medical Center on its 40lh Anniversary of the hospital on December 41h, 2008, and the 25tli Anniversary of its Open-Heart
Surgery program on November 91h, 2008 and recognizes its impact upon thousands and thousands of lives, not just in our
local community, but across the entire state and nation.
BE IT FURTHER RESOLVED, that the City of Palm Beach Gardens joins the citizens of this community in appreciation
and celebration of Palm Beach Garden's Medical Center's milestones and multiple contributions to this community.
NOW THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby
congratulate Palm Beach Gardens Medical Center for all of the outstanding accomplishments in these 40 years.
ATTEST:
Pmn~
IN WITNESS WHEREOF, I hove lwnunlo Nl m:y
lumd Gild caUINid tluJ Seal of tluJ Cll:y of Palm
Beach Garde,.., Flondo, t6 be aflf-d thM lP
Da:y of Oct6ber, In tlw year Tr«~ TlwiUIGIICI Gild .,.,.,.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, city government is the government closest to most citizens, and the
one with the most direct daily impact upon its residents,· and
WHEREAS, city government is administered for and by its citizens,· and is
dependent upon public commitment to and understanding of its many
responsibilities,· and
WHEREAS, city government officials and employees share the responsibility to
pass along their understanding of public services and their benefits,· and
WHEREAS, Florida City Government Week is a very important time to
recognize the important role played by city government in our lives,· and
WHEREAS, this week offers an important opportunity to spread the word to
all the citizens of Florida that they can shape and influence this branch of
government which is closest to the people; and
WHEREAS, the Florida League of Cities and its member cities have joined
together to teach students and other citizens about municipal government through a
variety of different projects and information,· and
WHEREAS, Florida City Government Week offers an important opportunity to
convey to all the citizens of Florida that they can shape and influence government
through their civic involvement.
NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach
Gardens, Florida, do hereby proclaim the Week of0ctober19 through 25,2008, as
FLORIDA CITY GOVERNMENT WEEK
and urge all residents, government officials and employees of the City of Palm Beach
Gardens, Florida to acknowledge this week.
A TrEST:
PA~-i: CMC, CI'l'Y CLERK
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm Beach
Gardens, Flor · , to be this 16th Day of
October, 20 .