HomeMy WebLinkAboutAgenda Council Agenda 011807
City of Palm Beach Gardens
Council Agenda
January 18, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 18, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
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. (Staff Report on Page 4, Resolution on Page 6) Resolution 6, 2007 - Grant
Funding Agreements. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing the City Manager as the signatory authority for
Grant Funding Agreements and Financial Assistance Agreements; and providing
an effective date.
b. (Staff Report on Page 8, Resolution on Page 10) Resolution 9, 2007 - Purchase
award to Landscape Structures, Inc. A Resolution of the City Council of the City
Palm Beach Gardens, Florida approving a purchase award to Landscape
Structures, Inc., for playground equipment at the Burns Road Community
Recreation Campus via an existing contract with Palm Beach County (No. 05-
074/A); and providing an effective date.
c. (Staff Report on Page 35, Resolution on Page 46) Resolution 10, 2007 -
Memorandum of Agreement. A Resolution of the City Council of the City Palm
Beach Gardens, Florida establishing the intent of the City to enter into a
Memorandum of Agreement with the Office of Tourism, Trade, and Economic
Development for the review of eligible Bioscience / Life Science Projects within
the Bioscience Research Protection Overlay; and providing an effective date.
d. (Page 57) Proclamation – Arbor Day.
e. (Page 58) Proclamation – Celebrate your Signature City Day.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 59, Ordinance on Page 62) Ordinance 3, 2007 -
Amendment to the General Employee Defined Benefit Pension Plan. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to the General Employees’ Pension Plan (DB); amending Section 3-126,
Code of Ordinances entitled “Definitions”; amending Section 3-127, Code of
Ordinances entitled “Membership”; amending Section 3-135, Code of Ordinances
entitled “Optional Forms of Benefits”; amending Section 3-140, Code of
Ordinances entitled “Distribution of Benefits”; amending Section 3-147, Code of
Ordinances entitled “Direct Transfers of Eligible Rollover Distributions’,
providing for codification; and providing an effective date.
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 CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 8,2006
Meeting Date: January 18,2007
Resolution 6,2007
SubjecUAgenda Item: Resolution 6, 2007 authorizing the City Manager to execute
grant funding and financial assistance agreements.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Submitted by:
Stacy A. Rundle
Assistant to the Citv w- Manager
Approve by: 4f2
City Minag&
Originating Dept.:
Administration
Advertised:
Date:
Paper:
[XI Not Required
Affected parties: NIA
[ ] Notified
d
[XI Not required
costs: $4
(Total)
$0
Current FY
Funding Source: NIA
[ ] Operating
[ ]Other
Budget Acc ,#: . -!A
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 6,2007
[ ]None
Date Prepared: December 8,2006
Meeting Date: January 18,2007
Resolution 6, 2007
BACKGROUND:
The City of Palm Beach Gardens routinely applies for grants from a variety of funding
sources for projects citywide. In the last five years, th.e City has received over $14 million
in grant funding and financial assistance. Projects such as the MacArthur Boulevard
beautification project, the median beautification projects on Military Trail and Northlake
Boulevard, the development of City Park, Lilac Park, Riverside Linear Park, and
stormwater system improvements in Plat 4 have all been funded, in part, by grants from
other government agencies.
After the grant award is made by the grantor, a funding agreement or financial assistance
agreement must be executed. Except under certain, specific circumstances, project
expenses are not applicable for reimbursement until after the funding agreement or
financial assistance agreement is fully executed by all parties.
In order to expedite the commencement of grant projects, staff requests that the City
Manager be authorized to execute these funding agreements and financial assistance
agreements. The City Manager is already authorized to be the signatory authority on
applications for grants per Resolution 129, 1998. This will allow projects to get underway
much more quickly and thus be completed in a timelier manner.
RECOMMENDATION:
Staff recommends approval of Resolution 6, 2007 as presented.
Date Prepared: December 8, 2006
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RESOLUTION 6,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER
AS THE SIGNATORY AUTHORITY FOR GRANT FUNDING
AGREEMENTS AND FINANCIAL ASSISTANCE AGREEMENTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens routinely applies for grant funding
and financial assistance for various projects throughout the City; and
WHEREAS, Resolution 129, 1998 authorizes and directs the City Manager to be
the signatory authority for grant applications; and
WHEREAS, in order to expedite the projects for which funding has been
awarded, the City Manager shall be authorized to be the signatory authority for grant
funding agreements and financial assistance agreements; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby authorizes the City Manager to be the
signatory authority for grant funding agreements and financial assistance agreements.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: December 8, 2006
Resolution 6, 2007
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PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Joseph R. Russo, Mayor
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\grant approvals delegated to city rngr- reso 6 2007.d~
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 27,2006
Meeting Date: January 18, 2007
Resolution: 9, 2007
SubjecVAgenda Item:
Purchase award to Landscape Structures, Inc. in an amount not to exceed $1 77,286.70 for
playground equipment to replace existing equipment at the Burns Road Community
Recreation Campus via Palm Beach County Term Contract No. 05074A
[ x ] Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
City Attorney w6
in is tra tor
e Com nitv Services
Adm inistraior
Department
Administrator
Approved by: MA
City Manader
Originating Dept.:
Community Services
Director
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
1 ] Notified
[ x ] Not required
Costs: $1 77,286.70
(Total)
$177,286.70
Current FY
Funding Source:
[ ] Operating
[ X 3 Other
Budget Acct.#:
001.2000.572.6900
PROJECT NO.
REC0072
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 9, 2007
Exhibit A: Landscape
Services, Inc. Proposal
Exhibit B: PBC
Agreement
Exhibit C: Playground
Agreement
[ ]None
Date Prepared: December 28,2006
Meeting Date: January 18, 2007
Resolution: 9, 2007
BACKGROUND:
The existing playground equipment at the Burns Road Community Recreation Campus
(BRCRC) is worn and outdated. This may present a hazardous situation for children
playing on or around the equipment. The playground replacement was planned as part of a
loan program, which the City obtained in April 2006 for various improvements at the
BRCRC. Other improvements include a new security system, new landscaping and
irrigation, replacement equipment, and renovations to the existing restrooms.
The BRCRC playground is the most heavily used playground in the City. Staff has chosen
new equipment made for children ages 2 to 12 years old, and includes traditional
playground items such as a slide, climbing bars, a space net climber, swings, and a
grassed play surface. The existing play area will be expanded to accommodate installation
of the swings and other climbing features.
Staff received a proposal from Landscape Structures, Inc., who is an industry leader in
playground equipment and park amenities. Previous projects installed by this vendor within
the City include the playground at City Park, Mirasol Park, Lake Catherine, Lilac Park, and
Riverside Youth Enrichment Center. Staff chose this vendor to take advantage of their
existing agreement with Palm Beach County (Term Contract No. 05074A), which provides
government discounts. The following is a request for a purchase award to Landscape
Structures, Inc. in an amount not to exceed $1 77,286.70 for the playground equipment. If
approved, the equipment will be installed in April 2007.
STAFF RECOMMENDATION: Approve Resolution 9,2007 as presented.
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RESOLUTION 9,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A PURCHASE AWARD
TO LANDSCAPE STRUCTURES, INC. FOR PLAYGROUND
EQUIPMENT AT THE BURNS ROAD COMMUNITY RECREATION
CAMPUS VIA AN EXISTING CONTRACT WITH PALM BEACH
COUNTY (NO. 05-0741A); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to install playground equipment at the Burns
Community Recreation Campus (BRCRC); and
Road
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City has received quotes from Landscape Structures, Inc., a
copy of which is attached hereto as Exhibit “A’; and
WHEREAS, the City Council of the City of Palm Beach Gardens wishes to award
the purchase to Landscape Structures, Inc. based on an existing agreement executed
by Palm Beach County (No. 05-074/A) effective through November 22, 2008, a copy of
which is attached hereto as Exhibit “B”; and
WHEREAS, based on the recommendation of City staff, the City wishes to enter
into an agreement with Landscape Structures, Inc. to provide such products and
services in an amount not to exceed $177,286.70, which agreement has been prepared
and is attached hereto as Exhibit “C”; 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 awards the purchase of playground
equipment for BRCRC to Landscape Structures, Inc. in an amount not to exceed
$177,286.70 via an existing contract with Palm Beach County (No. 05-074/A), and
authorizes the Mayor and City Clerk to execute the agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: December 27, 2006
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlC I ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
-- AYE NAY ABSENT
VICE MAYOR BARNETT
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JABLIN
LEVY
VALECHE
G.\attorney-share\RESOLUTlONS\Landscape Structures agmt - reso 9 2007 doc
~ ~~~ 7
Date Prepared December 27, 2006
Resolution 9, 2007
SECTION 3. This Resolution shall become effective immediately upon adoption.
2
Date Prepared: December 27,2006
Resolution 9, 2007
EXHIBIT “A”
Please make POs and contracts out to:
ForeverLawn, Inc.
614 E Hwy 50 PMB 347
Clermont, FL 3471 1
Page 1 of 2
Please mail checks to:
Same as PO mailing address shown to the lefl
Quoted To: City of Palm Beach Gardens
Parks and Recreation
10500 N Military
Palm Beach Gardens, FL 33410
Attn: Todd Engle
Phone: 561-804-7012
Fax: 561-799-421 1
Proposal No: 25994
Proposal Dated: 11/28/2006
Proposal Expires: 1211 512006
Ship To: City of Palm Beach Gardens
Burns Road Playground
4404 Burns Road
Palm Beach Gardens. FL 33410
Attn: Todd Engle
Phone: 561-804-7012
Shipping: Best Way
Freight: Prepaid
FOB: Destination
Fax: 561 -799-421 1
Project ID:
Project Name:
For Questions Call: Tricia Thomas Ph: 407-831-9658 Project Drawing No:
Sales Rep: Kevin Furman Ph: 561-333-4451 Project Contact:
E-Mall: kfurman@repservices.com Project Location:
Bill To: City of Palm Beach Gardens
10500 N Military
Palm Beach Gardens, FL 33410
Attn: Todd Engle
Phone: 561-804-7012
Fax: 561-799-421 1
Terms: Net 30 With CREDIT APPROVAL
2786 Option: A Revision: 0
Palm Beach Gardens-Bums Road Playground
Todd Engle
4404 Burns Road InputBy: TT
Palm Beach Gardens, FL 33410
Class Part No. Qty Description
ForeverLawn, Inc.
Surfacing FOR-EXTREME-9
Subtotal ForeverLawn, Inc.
8030 Extreme Playground Grass System for 9' fall height (for playground fall zone) - price
per square foot
Equipment Subtotal: $80,788.22
Grand Total: $80,788.22
Notes: Pricing per City of Jacksonville Contract #SC-0511-06.
2006 Prices valid until December 15th, 2006. Please call for 2007 prices if you will be purchasing after December 15th, 2006.
NOT INCLUDED:
Sub-base will be graded to the proper level 4" below markers on playground
equipment.
INCLUDED:
Forever Lawn Playground Grass:
Rubber infill and all associated and required items (such as seaming tape,
ground spikes, etc) are included in this proposal.
Installation:
A crushed fine material will be brought in, spread and compacted. Then a
layer or rubber mulch will be added sufficient for the fall height
requirements. The grass will then be laid over the top, seamed and
secured. A final layer of crumb rubber will be applied and brushed in.
Clean Up:
The work site will be cleaned up and all debris will be removed. The site will
be lefl in better condition than it was in at the start of the job.
Warranty:
This Foreverlawn product carries a 8 year manufacturer's warranty.
All work will be done in a professional manner. Changes to the scope of the project may require changes to the proposal and pricing as well
CURRENT ECONOMIC CONDITIONS RELATED TO FUEL COSTS ARE VOLATILE. CHANGES IN FUEL PRICING ARE AFFECTING FREIGHT
COSTS. BE SURE TO PLACE YOUR ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS
PROPOSAL.
We are pleased to provide you with this proposal. ALL Po's AND CONTRACTS SHOULD BE SUBMITTED AS NOTED IN THE HEADER!
If you have any questions, please contact us at:
REP SERVICES, INC. - 902 Waterway Place - Longwood, FL 32750-3573 m407.831.9658 (P) - 407.834.5366 (F)
800.992.5357 - Offices Statewide - www.repservices.com
Please make POs and contracts out to:
Rep Services, Inc.
902 Waterway Place
Longwood, FL 32750-3573
Quoted To: City of Palm Beach Gardens
Parks and Recreation
10500 N Military
Palm Beach Gardens, FL 33410
Attn: Todd Engle
Phone: 561-804-7012
Fax: 561-799-4211
Ship To: City of Palm Beach Gardens
Burns Road Playground
4404 Burns Road
Palm Beach Gardens, FL 33410
Attn: Todd Engle
Phone: 561 -804-701 2
Shipping: Best Way
Freight: Prepaid
FOB: Destination
Fax: 561-799-421 1
Proposal No: 25995
Proposal Dated: 11/28/2006
Proposal Expires: 1211 512006
Project ID:
Project Name:
For Questions Call: Tricia Thomas Ph: 407-831-9658 Project Drawing No:
Sales Rep: Kevin Furman Ph: 561-333-4451 Project Contact:
E-Mail: kfurman@repservices.com Project Location:
Page 1 of 1
Please mail checks to:
Same as PO mailing address shown to the left
Bill To: City of Palm Beach Gardens
10500 N Military
Palm Beach Gardens, FL 33410
Attn: Todd Engle
Phone: 561-804-7012
Fax: 561-799-421 1
Terms: Net 30 With CREDIT APPROVAL
2786 Option: A Revision: 0
Palm Beach Gardens-Bums Road Playground
Todd Engle
4404 Burns Road InputBy: TT
Palm Beach Gardens, FL 33410
Class PartNo. Qtv Descriotion Discount Unit Wt Unit Price Ext. Weiaht Ext Price
lrvine Wood Recovery
Surfacing RSI-EWF 150 Engineered Wood Fiber for Playground,
per cubic yard
0 $18.73 0 $2,809.50
Subtotal lrvine Wood Recoverv 0 $2.809.50
Equipment Subtotal: $2,809.50
Freight Charge: $490.50
Grand Total: $3,300.00
Notes: Pricing per City of Jacksonville Contract #SC-0511-06.
2006 Prices valid until December 15th, 2006. Please call for 2007 prices if you will be purchasing afler December 15th. 2006.
CURRENT ECONOMIC CONDITIONS RELATED TO FUEL COSTS ARE VOLATILE. CHANGES IN FUEL PRICING ARE AFFECTING FREIGHT
COSTS. BE SURE TO PLACE YOUR ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS
PROPOSAL.
IN ADDITION, ORDERS PLACED BASED ON THIS PROPOSAL ARE SUBJECT TO MANUFACTURER'S STANDARD LEAD TIME. REQUESTS
FOR EXTENDED SHIPPING TIMES MAY RESULT IN ADDITIONAL COSTS, SUCH AS FREIGHT INCREASES, RAW MATERIAL COST
INCREASES, ETC.
Drainage is extremely important to the long term performance of your playground surfacing. Consult a Landscape Architect, Engineer or qualified
contractor for information on how to achieve proper drainage on your site and beneath the play surfacing. Geotextile fabric is required as a separation
layer between the wood material and the free draining subsurface. The geotextile fabric separating the wood material from the subsurface should be
free of standing water within 30 minutes afler the rain ceases. A minimum of a 12" depth of surfacing material must be maintained at all times.
This proposal is for Engineered Wood Fiber playground surfacing delivered to the site. THIS PROPOSAL DOES NOT INCLUDE MOVING THE
SURFACING MATERIAL FROM THE DELIVERY SITE TO THE PLAYGROUND, NOR DOES IT INCLUDE SPREADING OF THE PRODUCT.
CUSTOMER MUST MAKE SEPARATE ARRANGEMENTS TO HAVE THE WOOD SURFACING PLACED AND SPREAD IN THE PLAYGROUND
AREA.
*** This is a product of nature and color. Particle size and texture may vary due to the natural conditions of the environment.
Freight prices are subject to an energyMuel surcharge if implemented between the time of quote and placement of order.
FREIGHT COMPANY MUST CALL 48 HOURS PRIOR TO DELIVERY: Todd Engle 561-804-7012
To order, please sign below and return to Rep Services Inc. at the address or fax number noted below. Thank You.
Shipping Notes:
Name Date
We are pleased to provide you with this proposal. ALL PO'S AND CONTRACTS SHOULD BE SUBMITTED AS NOTED IN THE HEADER!
If you have any questions, please contact us at:
REP SERVICES, INC. - 902 Waterway Place - Longwood, FL 32750-3573 * 407.831.9658 (P) - 407.834.5366 (F)
800.992.5357 Offices Statewide * www.repsewices.com
landscape structures
Please make POs and contracts out to:
Landscape Structures, Inc.
PO Box 198
Delano, MN 55328-0198
Page 1 of 3
Please mail checks to:
Landscape Structures SDS 12-0395
P.O. Box 86
Minneapolis, MN 55486-0395
Quoted To: City of Palm Beach Gardens
Parks and Recreation
10500 N Military
Palm Beach Gardens, FL 33410
Ann: Todd Engle
Phone: 561 -804-701 2
Fax: 561-799-421 1
Ship To: City of Palm Beach Gardens
Burns Road Playground
4404 Burns Road
Palm Beach Gardens, FL 33410
Ann: Todd Engle
Phone: 561 -804-701 2
Shipping: Best Way
Freight: Prepaid
FOB: Destination
Fax: 561-799-421 1
Bill To: City of Palm 'Beach Gardens
10500 N Military
Palm Beach Gardens, FL 33410
Ann: Todd Engle
Phone: 561-804-7012
Fax: 561-799-421 1
Terms: Net 30 With LSI APPROVAL
Proposal No: 26209
Proposal Dated: 12/20/2006
Proposal Expires: 12/28/2006
Project ID:
Project Name:
For Questions Call: Tricia Thomas Ph: 407-831-9658 Project Drawing No:
Sales Rep: Kevin Furman Ph: 561-333-4451 Project Contact:
E-Mail: kfurman@repservices.com Project Location:
2786 Option: B Revision: 1
Palm Beach Gardens-Burns Road Playground
Todd Engle
4404 Burns Road
Palm Beach Gardens, FL 33410
13639-2-3
Input By: TT
Class PartNo. Qty Description Discount Unit Wt Unit Price Ext. Weight Ext. Price
PlayBooster
Custom 1114040 2 132 STEEL POSTS
11 1404M 2 148 STEEL POSTS
13639-1 -1 1 SPACEWALK
Custom
Landscape Structures
Climbers
Decks
Enclosures
Independent
Playthings
Overhead
Events
Posts
PB148432B-001
PB122914A-002
PBI 11465A-002
PB116249B-001
PB116249D-007
PBll1240A-001
PB152911A-001
PB121948A-001
PB121949A-001
PBI 11 228A-001
PBll1231A-001
PB122197A-001
PB119646A-001
PB156070A-001
PB127953B-001
PB127953A-001
PB120314A-001
PB120901 A-001
IP156065A-001
PB156068A-001
PB119840A-004
PB120872A-001
PBI 26274A-002
PB111404A-001
PB111404B-001
1 CORKSCREW WIPERM 56 DECK
1 LOOP ARCH 40 DECK
1 STEPDECK
1 VERTICAL LADDER 40 DECK
1 VERTICAL LADDER 72 DECK
1 BALCONY DECK
1 CURVED TRANSFER MOD RIGHT
5 KICK PLATE FOR 8 RISE
6 SQUARE TENDERDECK
1 TRIANGULAR TENDERDECK
2 TRIANGULAR TENDERDECK 90 DEG
2 TRIANGULAR TENDERDECK
1 PINNACLE EXT. DECK
1 PERM. HANDHOLD PANEL
1 PERM. HANDHOLD SET
6 WIRE BARRIER
1 GRABBAR
1 THE PINNACLE
1 KICK PLATE FOR 8 RISE - TRI DK
EXTENSION
1 THEPOINTE
1 2 'S' HORIZONTAL LADDER
1 SWINGOUT
1 WAVE NET HORIZONTAL LADDER
4 148 ALUM. POST
3 140 ALUM. POST
78 $175.00 156
88 $190.00 176
288 $6,760.00 288
80 $700.00
87 $755.00
58 $495.00
48 $450.00
56 $510.00
116 $695.00
195 $1,300.00
13 $66.00
13 $82.00
118 $560.00
62 $440.00
66 $465.00
51 $420.00
128 $600.00
12 $81.00
24 $160.00
38 $365.00
5 $99.00
4500 $12,500.00
2800 $7,000.00
186 $1,495.00
69 $730.00
120 $1,600.00
36 $210.00
34 $200.00
80
87
58
48
56
116
195
65
13
708
62
132
102
128
12
24
228
5
4,500
2,800
186
69
120
144
102
$350.00
$380.00
$6,760.00
$700.00
$755.00
$495.00
$450.00
$510.00
$695.00
$1,300.00
$330.00
$82.00
$3,360.00
$440.00
$930.00
$840.00
$600.00
$81 .OO
$160.00
$2,190.00
$99.00
$12,500.00
$7,000.00
$1,495.00
$730.00
$1,600.00
$840.00
$600.00
We are pleased to provide you with this proposal. ALL PO'S AND CONTRACTS SHOULD BE SUBMITTED AS NOTED IN THE HEADER!
If you have any questions, please contact us at:
800.992.5357 Offices Statewide . www.repsewices.com
REP SERVICES, INC. 902 Waterway Place - Longwood, FL 32750-3573.407.831.9658 (P) - 407.834.5366 (F)
Proposal No: 26209 Page 2 of 3 Proposal To: City of Palm Beach Gardens
Proposal Dated: 12/20/2006
PB111404C-001
PB111404D-001
PB111404E-001
PBll1404H-001
PB111403C-001
Roofs PB130102B-002
Miscellaneous PB121416A-005
PB111273A-001
Slides PB123333A-001
PB1308OOF-001
Independent IP10005OC-010
Swings
IP111579C-009
8
1
5
1
4
1
1
1
1
1
1
1
Project ID:
132 ALUM. POST
124 ALUM. POST
11 6 ALUM. POST
92 ALUM. POST
166 ALUM. POST FOR ROOF
SUPER SQ SHINGLE RF (POLY CAP)
DISC CHALLENGE 123 16in DIFF.
END VERTICAL LADDER W/POSTS
ROLLERSLIDE 40 DECK
GEMINI SLIDE 72 DECK
ARCH SWING DB ONLY UNCOATED
ARCH SWING ADD BAY DB ONLY SCT
2786 Option:
31 $195.00
30 $190.00
29 $180.00
23 $160.00
37 $225.00
221 $2,040.00
183 $2,060.00
94 $715.00
364 $4,110.00
458 $4,260.00
220 $1,840.00
B
248
30
145
23
148
221
183
94
364
458
220
152 $1,405.00 152
Revision: 1
$1,560.00
$1 90.00
$900.00
$160.00
$900.00
$2,040.00
$2,060.00
$715.00
$4,110.00
$4,260.00
$1,840.00
$1,405.00
Subtotal PlayBooster 12,946 $66,412.00
PlayBooster
Landscape Structures
Bridges PB143195A-001 1 CLATERBRIDGE 123 W/HANDRAILS 476 $2,580.00 476 $2,580.00
Clim bers PB12257OB-001 1 CLIFF CLIMBER 56 DECK 137 $970.00 137 $970.00
PB123293A-003 1 COZY CLIMBER W/PERM HANDHOLD 117 $1,330.00 117 $1,330.00
PB136158A-001 1 SPIDER WEB CLIMBER DB ONLY 144 $1,625.00 144 $1,625.00
PB116249B-001 1 VERTICAL LADDER 40 DECK 48 $450.00 48 $450.00
Decks PB111240A-001 1 BALCONY DECK 116 $695.00 116 $695.00
PB152911B-001 1 CURVED TRANSFER MOD RIGHT 240 $1.495.00 240 $1,495.00
PB121948A-001 1 KICK PLATE FOR 8 RISE 13 $66.00 13 $66.00
PB111228A-001 3 SQUARE TENDERDECK 118 $560.00 354 $1,680.00
PBll1229A-001 1 SQUARE DECK EXTENSION 105 $535.00 105 $535.00
PB111231A-001 1 TRIANGULAR TENDERDECK 62 $440.00 62 $440.00
Playthings IP152179A-001 2 SADDLE SPINNER 40 $635.00 80 $1.270.00
Enclosures PB120314A-001 4 WIRE BARRIER 38 $365.00 152 $1,460.00
Learning Walls PB127439A-002 1 NAVIGATOR PANEL [GROUND LEVEL] 28 $375.00 28 $375.00
PB115254A-001 1 STORE FRONT PANEL 24 $340.00 24 $340.00
Posts PB111404B-001 2 140 ALUM. POST 34 $200.00 68 $400.00
PB111404C-001 1 132 ALUM. POST 31 $195.00 31 $195.00
PB111404D-001 6 124 ALUM. POST 30 $190.00 180 $1,140.00
29 $180.00 87 $540.00
PB111403D-001 4 158 ALUM. POST FOR ROOF 36 $220.00 144 $880.00
Roofs PB130102B-002 1 SUPER SQ SHINGLE RF (POLY CAP) 221 $2,040.00 221 $2,040.00
Miscellaneous PB152908A-001 1 DECK LINK W/HANDRAILS (1 STEP) 95 $730.00 95 $730.00
Slides PB123331B-004 1 DOUBLE POLY SLIDE 48 DECK 137 $1,115.00 137 $1,115.00
175 $1,475.00 175 $1,475.00
PB111404E-001 3 116 ALUM. POST
PB123336A-004 1 DOUBLE WAVE POLY SLIDE 56 DECK
Subtotal PlayBooster 3,234 $23,826.00
Sirhtntnl 16.180 $90.238.00
Global Discount Applied: 4.00% ($3,609.52)
Equipment Subtotal: $86,628.48
Freight Charge: $6,570.00
Grand Total: $93,198.48
Notes: Pricing per Palm Beach County Board of County Commissioners Term Contract #05-074/MP. Purchase & delivery only: 4% discount.
'*"THIS PROPOSAL IS ESTIMATED FOR 2006 PRICING**"
This proposal is for material, freight and applicable tax only. SITE PREPARATION, UNLOADING, ASSEMBLY, INSTALLATION, AND SURFACING -
BY OTHERS. (THE DRIVER WILL NOT UNLOAD THIS SHIPMENT, SO PURCHASER IS REQUIRED TO MAKE ARRANGEMENTS FOR
UNLOADING.)
CURRENT ECONOMIC CONDITIONS RELATED TO FUEL COSTS ARE VOLATILE. CHANGES IN FUEL PRICING ARE AFFECTING FREIGHT
COSTS. BE SURE TO PLACE YOUR ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS
PROPOSAL.
IN ADDITION, ORDERS PLACED BASED ON THIS PROPOSAL ARE SUBJECT TO MANUFACTURER'S STANDARD LEAD TIME. REQUESTS
FOR EXTENDED SHIPPING TIMES MAY RESULT IN ADDITIONAL COSTS, SUCH AS FREIGHT INCREASES, RAW MATERIAL COST
We are pleased to provide you with this proposal. ALL PO'S AND CONTRACTS SHOULD BE SUBMITTED AS NOTED IN THE HEADER!
If you have any questions, please contact us at:
REP SERVICES, INC. * 902 Waterway Place - Longwood, FL 32750-3573 - 407.831.9658 (P) - 407.834.5366 (F)
800.992.5357 Offices Statewide . www.repsewices.com
Proposal No: 26209 Page 3 of 3 Proposal To: City of Palm Beach Gardens
Proposal Dated: 12/20/2006 Project ID: 2786 Option: 6 Revision: 1
INCREASES, ETC.
Shipping Notes: FREIGHT COMPANY MUST CALL 48 HOURS PRIOR TO DELIVERY: Todd Engle 561-804-7012
To order, please sign below and return to Rep Services Inc. at the address or fax number noted below. Thank You.
Name Date
We are pleased to provide you with this proposal. ALL Po's AND CONTRACTS SHOULD BE SUBMITTED AS NOTED IN THE HEADER!
If you have any questions, please contact us at:
REP SERVICES, INC. - 902 Waterway Place - Longwood, FL 32750-3573 - 407.831.9658 (P) - 407.834.5366 (F)
800.992.5357 - Offices Statewide . www.repservices.com
L
A
L
“I
Date Prepared: December 27,2006
Resolution 9, 2007
EXHIBIT “B”
12-28-'06 14:06 FROM-PBC PURCHASING DEPT 5612425710 T-472 P002/002 F-436
Purchasing Department
I South Military 'nail. Suh 110
est Palm Beach, FL 33415-3199
(561) 616-6800
FAX (561) 616.6811
www.pbcgov.comlpur
I
Palm Beach County
Board of County
Commissioners
Tony Masiloni. Chairman
die L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Mons
Warren H. Newell
Mary McCarty '
Burt Aaronson
County Administrator
Roben: Weisman
'An Equal Oppormnl~
Aflrmadvr Action Employer'
. FormL
October 3,2006
LANDSCAPE STRUCTURES, INC.
601 7'h Street, South
P. 0. Box 198
Delano, MN 55328
Ogar Vendor: RE: TERM CONTRACT #: 05074A
This is to inform you that Palm Beach County Board of County Commissioners is
entering into a Term Contract with your company for PLAYGROUND ANI, PARK
EQUIPMENT based on one of the following:
[ X ] RENEWAL OF BlDlRFQ #: 05-0741M.P in accordance with all original terms,
conditions, specifications and prices with no deviation.
AWARDED ITEMS AS FOLLOWS:
LOT #I - ITEM #2: LOT #2 - ITEM #2:
Landscape Structures, Inc. Landscape Structures, Inc.
The term of this contract is 11123106 through 5/22/08. The estimated dollar value
awarded to all vendors is $-1,157,000.
The obligations of Palm Beach County under this contract are subject to the
availability of funds lawfully appropriated for its purpose by the State of Florida and
the Board of County Commissioners.
Palm Beach County Departments will issue individual hard copy orders against this
contract as your authorization to deliver. All invoices must reference a unique
document number (e.g. CPOlDO 080 XY03030500000000001141 or CPOlDO SSQ,
XY030305'1111). Failure to provide an order number with each invoice will result in a'
delay in processing payment.
If you have any questions, please contact MARYANN MCGEE at l56l) 61 6-6835.
Sincerely,
Director
c: Reid Raymond, Parks & Rocreation
Larry Schaner, FDO
Vernetha Green, WUD
File
Page 16
2. LANDSCAPE STRUCTURES, INC. (+ I -) +?-L&--?fO
% NA (+ -1 -
BID RESPONSE
BID #05-074/MP
(+/ -) NA %
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
(+/-I NA %
LOT I- PURCHASE AND DELIVERY ONLY- PERCENTAGE DISCOUNT FROM BIDDER'S CURRENT CATALOG LIST PRICE
PERCENTAGE DISCOUNT
(PURCHASE AND DELIVERY ONLY) ITEM Wl I 'BIDDER'S CATALOG NAME: NA I NA w- 1
'Bidder's catalog shall include generic product(s) made for or by bidder and shall not indude other manufacturefs product(s).
NOTE: Bidder should provide catalog with their bid.
PURCHASE AND DE~IVERY ONLY - PERCENTAGE DISCOUNT FROM MANUFACTURER'S CURRENT LIST PRICE
PERCENTAGE DISCOUNT
ITEM# NAME OF MANUFACTURER (PURCHASE AND DELIVERY ONLY)
2. LANDSCAPE STRUCTURES, INC. \A %
% NA
NA %
NA %
-
- - 1
LOT It- PURCHASF D ELIVERY & INSTALLATION - PERCENTAGE (PLUS + OR MINUS - ) BASED ON BIDDERS CURRENT CATALOG LIST PRICE
PERCENTAGE
(PURCHASE, DELIVERY 6 INSTALLATION)
CIRCLE EITHER + OR -WITH PERCENTAGE ITEM #I
'BIDDERS CATALOG NAME:
NA (+ 1-1 NA K
'Bidder's catalog shall include product(s) made for or by bidder and shall not include other manufacturer's product(s).
NOTE: Bidder should provide catalog with their bid.
c I I I (+/-I,,- x 1
Continu ed....
FIRM NAME: Landscape Structures Inc.
OFFER WENDED TO OTHER GOVERNMENTAL @ ENTITIES: Palm Beach County encourages and egrees to
the successful bidder extending the pricing, terms and
conditions of this solicitation or resultant contract to other
governmental entities at the discretion of the successful
bidder.
I. PERFORMANCE DURING EMERGENCY: By submitting
a bid, bidder agrees and promises that. during and after a
public emergency, disaster, hurricane, flood, or acts of
God, Palm Beach County shall be given "first priority" for all
goods and services under this contract. Bidder agrees to
provide all goods and services to Palm Beach County
throughout the emergency/disaster at the terms, conditions,
and prices as provided In this solicitation, and with a priority
above, a preference over, sales to the private sector.
Bidder shall furnish a 24-hour phone number to the County
in the event of such an emergency. Failure to provide the
staled prloritylpreference during an emergencyldisaster
shall constitute breach of contract and make the bidder
subject to sanctions from further business with the County.
4. BID OPENINGIAWARD OF BID
a. OBSERVING THE PUBLISHED BID OPENING TIME:
The published bid opening time shall be scrupulously
observed. It is the sole responsibility of the bidder to
ensure that their bid arrives in the Purchasing Department
prior to the publiihed bid opening time. Any bid delivered
after the precise time of bid opening shall not be
considered, and shall be returned to the bidder unopened
if bfdder idenlification is possible without opening. Bid
responses by lelephone, telegram, or facsimile shall not be
accepted. Bidders shall not be allowed to modify their bids
after the published bid opening time.
b. POSTING OF AWARD RECOMMENDATION:
Recommended awards shall be publicly posted for review,
at the Purchasing Department prior to final apprwd, and
shall remain posted for a period of fwe (5) business days.
Bidders desiring a copy of the bid posting summary may
reguest same by enclosing a self-addressed, stamped
envelope with their bid. (NOTE: As a service to bidders,
the County provides an unofficial list of award postings on
our web site at www.Dbcaov.comlour and on our bid hot-
line. telephone 561-7958080. These listiigs are updated
weekly, normally on Friday. If any discrepancy between
these IisUngs and the oficial posting in the Purchasing
Department, the latter shall prevail.)
e. PROTEST PROCEDURE: Protest procedures are
provided in the Palm Beach County Purchasing Code.
PrOteSlS must be in writing. addressed to the Director of
Purchasing, identify the solicitation, specify the basis for
the protest. and be received by the Purchasing Department
within five (5) business days of the posting date of lhe
recommended award. The protest is considered filed when
it Is received by the Purchasing Department. Failure to file
protest as outlined in the Palm Beach County Purchasing
Code shall constitute a waiver of proceedings under the
referenced County Code.
.
5. CONTRACT ADMINISTRATION
a. DELIVERY AND ACCEPTANCE: Deliveries of all items
shall be made as soon as possible. Deliveriis resulting
from this bid are to be made during the normal working
hours of the County. Time is of the essence and
delivery dates must be met. Should the successful
bidder fail to deliver on or before the stated dates, the
County reserves the right to CANCEL Ihe order or
contract and make the purchase elsewhere. The
successful bidder shall be responsible for making any
and all claims against carriers for missing or damaged
items.
Delivered items shall not be considered "accepted' until
an authorized agent for Palm Beach County has, by
inspection or lest of such items, delermined that they
appear to fully comply with specifications. The Board of
County Commissioners may return, at the expense of
the successful bidder and for full credit, any item@)
received which fail to meet the Countfs specifications or
performance standards.
FEDERAL AND STATE TAX. Palm Beach County is
exempt from Federal and State taxes. The authorized
agent for Purchasing shall provide an exemption
cet-tifmte to the successful bidder, upon request.
Successful bidders are not exempted from paying sales
tax to lhelr suppliers for materials to fulfill conlracbal
obligahns with the County, nor are successful bidders
authorized to use the County's Tax Exemption Number
in securing such materials.
PAYMENT: Payment shall be made by the County after
cornmoditidservices have been received, accepted and
properly Invoiced as indicated in the contract andlor
order. Invoices must bear the order number. The
Florida Prompt Payment Act is applicable to this
solicitation.
b.
c.
d. CHANGES: The Director of Purchasing, Palm Beach
County, by written notification to the successful bidder
may make minor changes to the contract terms. Minor
changes are defined as modifications which do not
signifmntly alter the scope. nature, or price of the
specified goods or services. Typical minor changes
include, but are not limited to. place of delivery. method
of shipment, mlnor revisions to customized work
specifmtions, and administration of the contract. The
successful bidder shall not amend any provision of the
contract without written notification to the Director of
Purchasing, and written acceptance from the Director Of
Purchasing or the Board of County Commissioners.
e. EQUITABLE ADJUSTMENT: The County may. in its
sole discretion, make an equitable adjustment in the
Contract terms andlor priiing if pricing or availability Of
supply is affected by extreme and unforeseen volatility
in the marketplace, that is, by circumstances that satisfy
all the following criteria: (1) the volatility is due to causes
wholly beyond the successful bidder's control, (2) the
volatility affects the marketplace or industry, not just the
particular successful bidder's source of supply, (3) the
12-28-' 06 14: 06 FROM-PBC PURCHASING DEPT 5612425710 T-472 P001/002 F-436
Purchasing Deparheat
3 South Military Trail. Suite 110
&si &lrn Beach. FL 33415-3199
(561) 616-6800
FAX; (561)616-6811
www.pbcgov.oomlprrf
hlm Beach County
Boprd of caunty
Commissioners
Tony Masilotti, Chairman
ddie L. Crane, Vice Chairperson
' Haren T. Marcus
Jeff KOoM
Warren H. Newell
Mary McCarry
Bun Aaronson
tounty Administtutor
Roberr Weisman
'An Equal Opportunity
A#hmani.c Action hnployd
Form L
October 3,2006
REP SERVICES, INC.
902 Waterway Place
Longwood, FL 32750
Dear Vendor: RE: TERM CONTRACT #: 05074A
This is to inform you that Palm Beach County Board of County Commissioners is
entering into a Term Contract with your company for PLAYgROUND AND PARK
EQUIPMENT based on one of the following:
[ X ] RENEWAL OF BID/RFQ #: 05-0741MP in accordance with all original terms,
conditions, specifications and prices with no deviation.
AWARDED ITEMS AS FOLLOWS:
LOT #I - ITEM #6:
Dumor, inc.
LOT #2 - ITEM #6:
Dumor, Inc.
The term of this contract is 11/23/06 through 5/22/08. The estimated dollar value
awarded to all vendors is $1 ,157,000.
The obligations of Palm Beach County under this contract are subject to the
availability of funds lawfully appropriated for its purpose by the State of Florida and
the Board of County Commissioners.
Palm Beach County Departments will issue individual hard copy orders against this
contract as your authorization to deliver. All invoices must reference a uniqug
document number (e.g. CPOlDO 680 XY03030500000O00001111 or CPOIDO 680
XYO30305*?111). Failure to provide an order number with each invoice will result in a
delay in processing payment. I
If you have any questions, please contact MARYANN MCGEE at I5611 696-6835.
Sjncerely,
athleen M. Scariett
Director
C: Reid Raymond, Parks & Recreation
Larry Schanar, FDO
Vernetha Green, WUD
File
OFFER EXTENDED TO OTHER GOVERNMENTAL @ ENTITIES: Palm Beach Countyencourages and agrees to
the successful bkkler extending the pricing, terms and
conditions of this solicitation or resultant contract to other
governmental entities at the discretion of the successful
bidder.
I. PERFORMANCE DURING EMERGENCY: By submitting
a bid, bidder agrees and promises that, during and after a
public emergency, disaster, hurricane, flood, or acts of
God, Palm Beach County shall be given "first prioritf for all
goods and services under this contract. Bidder agrees to
provide all goods and services to Palm Beach Counly
throughout the emerQenCy/diSSterat the terms, condfis,
and prices as provided in this solicitation, and with a priority
above, a preference over, sales to the private sector.
Bidder shall furnish a 24hour phone number lo the County
in the event of such an emergency. Failure to provide the
stated pnoritylpreference during an emergencyldisaster
shall constitute breach of contract and make the bidder
subject to sanctions from further business with the County.
4. BID OPENINOIAWARD OF BID
a. OBSERVING THE PUBLiSHED BID OPENING TIME:
The published bid opening time shall be scrupulously
observed. It Is the sole responsibility of the bidder to
ensure that their bid arrives in the Purchasing Department
prior to the published bid opening time. Any bid delivered
after the precise time of bid opening shall not be
considered, and shall be returned to the bidder unopened
if bldder identification is possible without opening. Bid
responses by telephone, telegram, or facsimile shall not be
accepted. Bidders shall not be allowed to modify their bids
afler the published bid opening time.
b. POSTING OF AWARD RECOMMENDATION :
Recommended awards shall be publicly posted for review,
at the Purchasing Department prior to final approval, and
shall remain posted for a period of five (5) business days.
Biders desirlng a copy of the bid posting summary may
request same by enclosing a self-addressed, stamped
envelope with their bid. (NOTE: As a service to bidders,
the County provides an unofficial list of award postings on
our web site at www.Dbcqov.com/Dur and on our bid hot-
line. telephone 561-7958080. These listings are updated
weekly, normally on Friday. If any discrepancy between
these listings and the official posting in the Purchasing
Department, the latter shall prevail.)
c. PROTEST PROCEDURE: Protest procedures are
provided in the Palm Beach Counly Purchasing Code.
Protests must be in writing, addressed to the Director of
Purchasing, identify the solicitation, specify the basis for
the protest, and be received by the Purchasing Department
withln five (5) business days of the posting date of the
recommended award. The protest is considered filed when
it 1s received by the Purchasing Department. Failure to file
protest as outlined in the Palm Beach County Purchasing
Code shall constitute a waiver of proceedings under the
referenced County Code.
5.
a.
b.
C.
d.
e.
Page 7
CONTRACT ADMlNlSTRATlON
DELIVERY AND ACCEPTANCE: Deliveries of all items
shall be made as soon as possible. Deliveries resulting
from this bid are to be made during the normal working
hours of the County. Time is of the essence and
delivery dates must be met. Should the successful
bidder fail to deliver on or before the stated dates, the
County resews the right to CANCEL the order or
contract and make the purchase elsewhere. The
successful bidder shall be responsible for making any
and all claims against carriers for missing or damaged
items.
Delivered items shall not be considered "accepted" until
an authorized agent for Palm Beach County has, by
inspection or test of such items, determined that they
appear to fully comply with specifications. The Board of
County Commissioners may return, at the expense of
the successful bidder and for full credit, any item(s)
received which fail to meet the County's specifications or
performance standards.
FEDERAL AND STATE TAX: Palm Beach County is
exempt from Federal and State taxes. The authorized
agent for Purchasing shall provide an exemption
certificate to the successful bidder, upon request.
Successful bidders are not exempted from paying sales
tax to their suppliers for materials to fulfill contractual
obligations with the County, nor are successful bidders
authorized to use the Countl/s Tax Exemption Number
in securing such materials.
PAYMENT: Payment shall be made by the County after
commodikdservtces have been received, accepted and
properly invoiced as indicated in the contract andlor
order. Invoices must bear the order number. The
Florida Prompt Payment Act is applicable to this
solicitation.
CHANGES: The Director of Purchasing, Palm Beach
County, by written notification to the successful bidder
may make minor changes to the contract terms. Minor
changes are defined as modifications which do not
significantly alter the scope. nature, or price of the
specified goods or services. Typical minor changes
include, but are not limited to, place of delivery, method
of shipment, minor revisions to customized work
specificatbns. and administration of the contract. The
successful bidder shall not amend any provision of the
contract without written notification to the Director of
Purchasing, and written acceptance from the Director of
Purchasing or the Board of County Commissioners.
EQUITABLE ADJUSTMENT: The County may. in its
sole discretion, make an equitable adjustment in the
Contract terns and/or pricing if pricing or availability of
supply is affected by extreme and unforeseen volatility
in the marketplace, that is, by circumstances that satisfy
all the following criteria: (1) the volatility is due to causes
wholly beyond the successful bidder's control, (2) Ihe
volatility affects the marketplace or industry, not just the
particular successful bidder's source of supply, (3) the
Page 16
BID RESPONSE
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT,
TERMCONTRACT
LOT I- PURCHASE AND DELIVERY ONLY- PERCENTAGE DISCOUNT FROM BIDDERS CURRENT CATALOG LIST PRICE
PERCENTAGE DISCOUNT
(PURCHASE AND DELIVERY ONLY) ITEM #l
dfs %
'BIDDERS CATALOG NAME:
'Bidder's catalog shall include generic product(s) made for or by bidder and shall not Include other manufacturer's product(s).
NOTE: Bidder should provide catalog with thelr bid.
PURCHASE AND DELNERY ONLY - PERCENTAGE DISCOUNT FROM MANUFACTURERS CURRENT LIST PRICE
PERCENTAGE DISCOUNT
ITEM# NAME OF MANUFACTURER (PURCHASE AND DELIVERY ONLY)
2. m Yo
3. Id* %
4. Am%
r
5. NP Yo
6. DUMOR, INC. - fl-mkk % J
LOT II- PURCHASE. DELIVERY & INSTALLATION - PERCENTAGE (PLUS + OR MINUS - ) BASED ON BIDDER'S CURRENT
CATALOG LIST PRICE
PERCENTAGE
(PURCHASE, DELIVERY a INSTALLATION)
t+ I -) Nh Yo
ITEM #l CIRCLE EITHER + OR -WITH PERCENTAGE
'BIDDERS CATALOG NAME:
'Bidder's catalog shall include product(s) made for or by bidder and shall not include other manufacturer's product(s).
NOTE: Bidder should provide catalog with their bid.
PURCHASE. DELIVERY 8 INSTALLATION - PERCENTAGE (plus + or minus -) BASED ON MANUFACTURERSCURRENT LIST
PRICE
PERCENTAGE
(PURCHASE, DELNERY INSTALLATION)
ITEM# NAME OF MANUFACTURER CIRCLE EITHER + OR -WITH PERCENTAGE
2. (+ 1-1 AJd %
3. (+ 1-1 rLlA %
4. (+ 1-1 m %
5. . -. (+ 1-1 IJ ff %
-.
6. DUMOR -) a4 Yo
Continued. ... - -
Date Prepared: December 27,2006
Resolution 9, 2007
EXHIBIT “C”
AGREEMENT FOR PLAYGROUND EQUIPMENT
THIS AGREEMENT is made this day of , ZOO-, by
and between the City of Palm Beach Gardens, a municipal corporation (hereinafter
referred to as the “CITY), whose address is 10500 North Military Trail, Palm Beach
Gardens, Florida 3341 0, and Landscape Structures, Inc. (hereinafter referred to as the
“CONTRACTOR”), whose address is 601 7‘h Street South, Delano, Minnesota 55328.
WHEREAS, the CONTRACTOR bid on those certain Specifications and Bid
Documents for Playground and Park Equipment, Bid Number 05-074/MP, and Term
Contract #05074A (hereinafter referred to as the “Project”), issued by the Palm Beach
County Board of County Commissioners; and
WHEREAS, the CONTRACTOR has been deemed to be the responsive bidder,
and the CITY desires to piggyback on the agreement from the CONTRACTOR on the
terms and conditions more particularly described below and as contained in the
specifications and bid documents for Playground and Park Equipment, Bid Number 05-
074/MP, and Term Contract #05074A, and the CONTRACTOR’S response thereto, all
of which are hereinafter incorporated by reference and are referred to as “Specifications
and Bid Documents”; and
WHEREAS, the CONTRACTOR is desirous of entering into the agreement with
the CITY pursuant to the terms and conditions more particularly described herein and
pursuant to the Specifications and Bid Documents.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration of which the parties hereto acknowledge, the
parties agree as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. The CONTRACTOR shall perform the services and duties as provided for in the
Specifications and Bid Documents and comply with all of the terms provided for
in the Specifications and Bid Documents.
3. This Agreement term shall be in accordance with the Specifications and Bid
Documents. The contract amount that the CITY is permitted to spend in
connection with the Palm Beach County Board of County Commissioners and
this Agreement with the CONTRACTOR an amount not to exceed $1 77,286.70.
All services and products to be purchased and work to be performed shall be
done via a purchase order in such form as determined by the CITY. Nothing
herein, however, shall prevent the CITY from seeking a budget amendment
should it require additional sums of money for this Project and a change in the
scope of services. All purchases pursuant to this Agreement shall be done in
accordance with the CITY’S Purchasing and Procurement Manual and
Procedures thereto. All purchases shall be evidenced by such approved
purchase orders.
4. The CONTRACTOR shall provide to the CITY all services, work, and products
that are necessary to fulfill its obligations pursuant to the Project and the
Specifications and Bid Documents. All prices for the items and work herein
shall be in accordance with the CONTRACTOR’S response to the Project and
in accordance with the Specifications and Bid Documents. All purchases shall
be evidenced by a purchase order from the CITY.
5. The CONTRACTOR shall maintain all insurance as is required by the
Specifications and Bid Documents. Prior to commencing any work, performing
services, or supplying products, the CONTRACTOR shall provide to the CITY
such insurance coverage that the CITY has requested in the Specifications and
Bid Documents. In addition, the CONTRACTOR agrees to provide to the CITY
such other insurance coverage requested by the CITY’S Department of Risk
Management and with such coverage amounts and deductibles as is requested
by such Department. The CITY shall require the following insurance with the
limits as provided for herein:
General Liability Insurance $500,000
Business Automobile Liability Insurance $500,000
Workers’ Compensation Insurance $1 00,000
In addition, prior to commencing any work or supplying any products pursuant
to the Project or the Specifications and Bid Documents, the CONTRACTOR
agrees to provide to the CITY Payment and Performance Bonds written on
such forms that are provided by the CITY and in such amounts so as to cover
and assure the faithful performance of the CONTRACTOR pursuant to the
terms herein and in the Specifications and Bid Documents. The amount of
such bonds and the form of such bonds shall be determined by the CITY and
shall be in conformance with Section 255.05, Florida Statutes, if applicable.
The CONTRACTOR shall be required to provide releases of liens and Final
Contractor’s Affidavit in accordance with F.S. 713.01 et. Seq. upon payments
herein and as required by the CITY.
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6.
7.
8.
9.
IO.
11.
All renewals of this Agreement shall be pursuant to the Specifications and Bid
Documents. This Agreement and any renewals thereto are subject to annual
appropriations by the City of Palm Beach Gardens, and this Agreement is
subject to fiscal funding out by the CITY.
The CONTRACTOR agrees, warrants, covenants, and represents that all
products, work, and services that it shall perform pursuant to this Agreement,
the Project, and the Specifications and Bid Documents as it relates to the CITY,
including any work done by its subcontractors or at its direction, shall be free
from all defects and liens and done in a workmanlike manner. The
CONTRACTOR warrants the merchantability and fitness of the products and
services as contemplated in this Agreement, the Project, and the Specifications
and Bid Documents. The CONTRACTOR agrees to warrant the products,
work, and services for a period of one (1) year from the date of acceptance of
the work by the CITY or for such warranty period as provided in the
Specifications and Bid Documents, whichever is greater.
The CONTRACTOR agrees to supply to the CITY adequate personnel to
provide timely completion of all projects and support contemplated by this
Agreement and pursuant to the Project and the Specifications and Bid
Documents. The parties hereto agree that time is of the essence, and the
CONTRACTOR agrees to pay such liquidated damages as are provided for in
the Specifications and Bid Documents and as are determined by the CITY for
failure to comply with such timelines as provided for therein.
The CONTRACTOR agrees to indemnify and hold harmless the CITY, its
officers, and employees from any and all liabilities, damages, losses, suits,
actions, claims, and/or matters, including costs and reasonable attorney’s fees,
to the extent caused by the negligence, gross negligence, or intentionally
wrongful conduct of the CONTRACTOR and any other persons or entities
employed or utilized by the CONTRACTOR in the performance of this
Agreement, the Project, and the Specifications and Bid Documents as it relates
to the CITY.
In performance of its obligations hereunder, the CONTRACTOR agrees to
comply with all applicable laws, rules, regulations, orders, codes, criteria, and
standards, whether local, state, or federal.
The CITY reserves the right to accept the use of a subcontractor or to reject the
selection of a particular subcontractor. If a subcontractor fails to perform as
required by this Agreement and it is necessary to replace the subcontractor in
order to provide services as required, the CONTRACTOR shall promptly do so,
subject to acceptance of the new subcontractor bv the CITY.
3
12. The parties to this Agreement understand that the CITY is a tax-exempt
organization; nothing herein, however, shall exempt the CONTRACTOR from
paying all of its taxes pursuant to this Agreement.
13. In addition to any other termination provisions found in the Specifications and
Bid Documents, this Agreement may be terminated by the CONTRACTOR
upon thirty (30) days’ prior written notice to the CITY in the event of substantial
failure by the CITY to perform in accordance with the terms of this Agreement
through no fault of the CONTRACTOR. In addition to any other termination
provisions found in the Specifications and Bid Documents, this Agreement may
be terminated by the CITY, with or without cause, upon thirty (30) days’ written
notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this
Agreement, the CONTRACTOR shall be paid for services and products
rendered to the CITY’S satisfaction up to the date of termination. After receipt
of a termination notice, and except as otherwise directed by the CITY, the
CONTRACTOR shall stop work on the date specified. The CONTRACTOR
shall not be entitled to any claim of loss of profits from a termination by the
CITY.
14. Neither the CITY nor the CONTRACTOR 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 that 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, storms, lightning, epidemic, war, riots, civil
disturbance, sabotage, and governmental actions.
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.
15. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida.
16. This Agreement shall not be construed against the party who drafted the same
as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
4
17
18
19
20
21
This Agreement is binding upon the parties hereto, their heirs, successors, and
assigns.
The CONTRACTOR warrants and represents that all of its employees are
treated equally during employment without regard to race, color, religion,
gender, age, or national origin.
A waiver by either the CITY or the CONTRACTOR 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. Further, a written waiver in part shall not
constitute a waiver of any other part of this Agreement.
The invalidity, illegality, unenforceability of any provision of this Agreement, or
the occurrence of any event rending any portion or provision of this Agreement
void shall in no way affect the validity or enforceability of any other portion or
provision of this Agreement. Any void provision shall be deemed severed from
this Agreement, and the balance of this Agreement shall be construed and
enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to reform this 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 section shall not prevent the entire Agreement from being
void should a provision, which is of the essence of this Agreement, be
determined to be void.
The CITY and the CONTRACTOR 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 CONTRACTOR pertaining to
this Agreement, 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.
22. This Agreement may not be modified unless such modifications are evidenced
in writing, signed by both the CITY and the CONTRACTOR. Such
modifications shall be in the form of a written amendment executed by both
parties.
5
23. 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 CONTRACTOR:
City Manager Stacey Schramel
City of Palm Beach Gardens Landscape Structures, Inc.
10500 N. Military Trail PO Box 198
Palm Beach Gardens, FL 33410 Delano, MN 55328-0198
Notices shall be effective when received at the addresses as specified above.
Changes in 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 (i.e., printed) after 5 p.m. or on weekends or
holidays will be deemed received on the next business day. The original of the
notice must additionally be mailed as required herein.
Nothing contained in this section shall be construed to restrict the transmission
of routine communications between representatives of the CONTRACTOR and
the CITY.
(The remainder of this page left intentionally blank)
6
IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this
Agreement all as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LE GAL SUFFICIENCY
(SEAL)
- 1 __ /
By: A~L&-uA,P /&
Mristine P. Tatum, City Attorney v
WITNESS: CONTRACTOR
LANDSCAPE STRUCTURES, INC.
(CORPORATE SEAL)
\\pbgsfile\Community~Services\community_services~share\Cl~Projects\2006\REC0072 BRCRC Renovations\LANDSCAPE
STRUCTURES - PBC piggyback agreement brcrc.doc
7
AFFIDAVIT
on behalf of
of the matters
er penalty of perjury.
is over the age of 21 years.
d has the authorit
necessary, legal, or
Palm Beach Gardens.
entity and the party executing this Affidavit
be placed on this Affidavit by the City of Palm
Beach Gardens.
2006. DONETHIS 27 DAYOFLy-k, , &
By:
As Affiant, individugly'a half of said kty named above
The foregoing A idavit was executed 260L by &4dhefore me this -27x dayof and Affian personally know to me or has
produced as identification.
MY Commission expires: /3//~ o / 0
8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 9,2007
Meeting Date: January 18,2007
Resolution 10,2007
SubjectIAgenda Item:
Memorandum of Agreement between the Governor’s Office of Tourism, Trade and Economic
Development (OTTED) and the City of Palm Beach Gardens related to the Bioscience Research
Protection Overlay Properties:
Workshop and Public Hearing: A Memorandum of Agreement between the City of Palm
Beach Gardens and the OEce of Tourism, Trade, and Economic Development (OTTED) to
utilize the expedited permitting process established in Chapter 403.973, F.S., for the review of
development projects located within the Bioscience Research Protection Overlay.
[XI Recommend approval
[ ] Recommenddenial
Reviewed by:
Planning & Zoning Division
Director
TalalBenothman,AICP I
City Attorney
Development Compliance
NIA
Bahareh Wolfs, AICP
Administrator
Kara L. ImIq AICP
Approved By:
Originating Dept.:
Growth Management:
KaraL. Irwin
Growth Management
Administrator
Advertised:
Date: January 10,2007
& January 16,2007
Paper: The Palm Beach
Post
[ ] Not Required
Affected parties: _--
[ ]Notified
M Not Required
FINANCE:
Costs: $-NIA
Total
Funding Source:
[XJOther N/A
Budget AccL#:
NA
City Council Action:
[ 1 Approved
[ ]Denied
[ ] App. wl conditions
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ]Rec.Denial
Attachments:
Palm Beach Post AD
FVopedesMap
Chapter 403.973, F.S.
Resolution 10,2007
Economic Development
Memorandum of
Agreement
[ ]continuedto:
Date Prepared: Janunry 9,2007
Meeting Date: January 18,2007
Resolution 10,2007
Page2of3
BACKGROUND
On October 23, 2003, the Florida Legislature approved legislation creating the Scripps Florida
Funding Corporation, appropriating $3 10 million dollars to the Governor’s Ofice of Tourism,
Trade, and Economic Development (OTTED). The legislation additionally included an
amendment to Chapter 403.973, F.S., related to expedited permitting, and comprehensive plan
amendments for projects that create significant economic development.
On February 14, 2006, the County Commission designated the Abacoa FAU / Briger site as the
alternative site for the Scripps Florida development, which required a hundred acres with the
potential for two (2) million square feet for Scripps Florida and additional opportunities for up to
six (6) million square feet of available land to accommodate the creation of a bioscience research
/ biotechnology industry cluster within a five (5) mile radius of the Scripps Florida campus on
the Abacoa FAU/ Briger site. In order to accommodate the second condition, the City, in
partnership with the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, and the
Town of Mangonia Park, provided an inventory of properties that could be used for bioscience
research / biotechnology users within their respective boundaries. As part of the alternate site
proposal, each municipality committed to amend its respective comprehensive plan to create an
overlay that would provide for and encourage the cluster of the bioscience research /
biotechnology industry uses within its community.
On December 21, 2006, the City Council adopted Ordinance 17, 2006, Ordinance 18, 2006,
Ordinance 19, 2006, and Ordinance 20, 2006, which amended the City’s Future Land Use Map
and Comprehensive Plan text to create a Bioscience Research Protection Overlay (BRPO). The
BRPO encourages the use of incentives on behalf of the City to promote the development of
Bioscience Users within a close proximity to Scripps Florida, located on the FAU Abacoa
Campus and the Briger Site. The State’s expedited permitting program is an incentive consistent
with the City’s intent in creating the BRPO, as it will expedite the review process for
Bioscience/Life Science Projects within the Bioscience Overlay.
In the best interest of promoting Bioscience Uses within the BRPO, the City of Palm Beach
Gardens proposes to enter into a Memorandum of Agreement with OTTED to utilize the
expedited permitting process as established in 403.973, F.S., for to the City’s Bioscience
Research Protection Overlay.
The Memorandum of Agreement (MOA), as currently proposed, will include a specific
expedited permitting review process, which requires OTTED to create regional permit action
teams (RPATs) and certi@ projects eligible to use this process. The RPATs will consist of
signatory agencies and other agencies which have agreed to participate and have jurisdiction
over a certified project. The City of Palm Beach Gardens will be a participating agency of the
RPATs. The process does not modi@, qualify, or otherwise alter existing state or regional
agency or County non-procedural standards.
Date Prepared: JpRnnry 9,2007
Meeting Date: Jmanry 18,2007
Rndntkm lo, 2007
Page 3 of 3
STAFF RECOMMENDATION
Staff recommends approval of Resolution 10,2007.
CITY OF PALM BEACH GARDENS
NOTICE OF WORKSHOP
TO REVIEW AND EXPLAIN A MEMORANDUM OF AGREEMENT TO EXPEDITE
THE REVIEW AND PERMITTING PROCESS FOR BlOSClENCULlFE SCIENCE
PROJECTS WITHIN THE BIOSCIENCE RESEARCH PROTECTION OVERLAY
In accordance with Section 403.973, Florida Statutes, the City Council of the City of
Palm Beach Gardens, Florida proposes to hold a Workshop to review and explain a
Memorandum of Agreement between the Florida Office of Tourism, Trade, and
Economic Development and the City of Palm Beach Gardens for the expedited review
and permitting of Bioscience/Life Science Projects within the Bioscience Research
Protection Overlay.
PLACE:
DATE:
PROJECT:
LOCATION:
TITLE:
PURPOSE:
Municipal Complex Building, 10500 North Military Trail, Palm Beach
Gardens, Florida
January 18,2007, 7:OO p.m.
Bioscience/Life Science Projects within the Bioscience Research
Protection Overlay
The general location of the Bioscience Research Protection Overlay is
identified on the map that is included in this Notice.
Memorandum of Agreement between the Florida Office of Tourism,
Trade, and Economic Development and the City of Palm Beach Gardens.
The purpose of this Memorandum of Agreement is to establish
procedures which will streamline, consolidate, and expedite the review
and permitting process for Bioscience/Life Science Projects within the
Bioscience Research Protection Overlay.
Copies of the proposed Memorandum of Agreement are available at the Growth
Management Department at the address listed below, and can be reviewed by the
public on weekdays between the hours of 8:OO a.m. and 5:OO p.m.
Kara Irwin, Growth Management Administrator
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
Interested parties are advised that they may attend and be heard at the workshop and
public hearing with respect to the proposed agreement.
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 561-7994122 no later than five (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 800-955-8700
(VOICE).
Patricia Snider, CMC, City Clerk
Publication Date: January IO, 2007 and
January 16,2007
7 =! 3 iii n
G
K E
SI 1. 1 i I 1 ///I 7 1 /
I
Statutes & Constitution :'View Statutes :->2006->Ch0403->Section 973 : flsenate.gov
'I'he 2006 Florida Statutes
Title XXlX Chapter 403
PUBLIC HEALTH ENVIRONMENTAL CONTROL
Go
Page 1 of 5
View Entire Chapter
403.973 Expedited permitting; comprehensive plan amendments.--
(1) It is the intent of the Legislature to encourage and facilitate the location and expansion of
those types of economic development projects which offer job creation and high wages, strengthen
and diversify the state's economy, and have been thoughtfully planned to take into consideration
the protection of the state's environment. It is also the intent of the Legislature to provide for an
expedited permitting and comprehensive plan amendment process for such projects.
(2) As used in this section, the term:
(a) "Duly noticed" means publication in a newspaper of general circulation in the municipality or
county with jurisdiction. The notice shall appear on at least 2 separate days, one of which shall be
at least 7 days before the meeting. The notice shall state the date, time, and place of the meeting
scheduled to discuss or enact the memorandum of agreement, and the places within the
municipality or county where such proposed memorandum of agreement may be inspected by the
public. The notice must be one-eighth of a page in size and must be published in a portion of the
paper other than the legal notices section. The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the memorandum of agreement.
(b) "Jobs" means permanent, full-time equivalent positions not including construction jobs.
(c) "Office" means the Office of Tourism, Trade, and Economic Development.
(d) 'Permit applications" means state permfts and licenses, and at the option of a participating
local government, local development permits or orders.
(3)(a) The Governor, through the office, shall direct the creation of regionat permit action teams,
for the purpose of expediting review of permit applications and local comprehensive plan
amendments submitted by:
1. Businesses creating at least 100 jobs, or
2. Businesses creating at least 50 jobs if the project is located in an enterprise zone, or in a
county having a population of less than 75,000 or in a county having a population of less than
100,000 which is contiguous to a county having a population of less than 75,000, as determined by
the most recent decennial census, residing in incorporated and unincorporated areas of the county,
or
(b) On a case-by-case basis and at the request of a county or municipal government, the office
may certify as eligible for expedited review a project not meeting the minimum job creation
thresholds but creating a minimum of 10 jobs. The recommendation from the governing body of the
county or municipality in which the project may be located is required in order for the office to
certify that any project is eligible for expedited review under this paragraph. When considering
projects that do not meet the minimum job creation thresholds but that are recommended by the
governing body in which the project may be located, the office shall consider economic impact
factors that include, but are not limited to:
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Statutes & Constitution :View Statutes : ->2006->Ch0403 ->Section 973 : flsenate.gov Page 2 of 5
1. The proposed wage and skill levels relative to those existing in the area in which the project
may be located;
2. The project's potential to diversify and strengthen the area's economy;
3. The amount of capital investment; and
4. The number of jobs that will be made available for persons served by the welfare transition
program.
(c) At the request of a county or municipal government, the office or a Quick Permitting County
may certify projects located in counties where the ratio of new jobs per participant in the welfare
transition program, as determined by Workforce Florida, Inc., is less than one or otheMise critical,
as eligible for the expedited permitting process. Such projects must meet the numerical job
creation criteria of this subsection, but the jobs created by the project do not have to be high-
wage jobs that diversify the state's economy.
(d) Projects located in a designated brownfietd area are eligible for the expedited permitting
process.
(e) Projects that are part of the state-of-the-art biomedical research institution and campus to be
established in this state by the grantee under s. 288.955 are eligible for the expedited permitting
process, if the projects are designated as part of the institution or campus by the board of county
commissioners of the county in which the institution and campus are established.
(4) The office may delegate to a Quick Permitting County designated under s. 288.1093 the
responsibility for convening regional permit teams and, in consultation with the office, for
certifying as eligible for expedited review projects that meet the criteria of subsection (3) and that
are consistent with the economic goals of the county. In order to receive such a delegation, the
Quick Permitting County must hold the public hearing required under subsection (7) and agree to
execute a memorandum of agreement for each qualified project.
(5) The regional teams shall be established through the execution of memoranda of agreement
between the office and the respective heads of the Department of Environmental Protection, the
Department of Community Affairs, the Department of Transportation and its district offices, the
Department of Agriculture and Consumer Services, the Fish and Wildlife Conservation Commission,
appropriate regional planning councils, appropriate water management districts, and voluntarity
participating municipalities and counties. The memoranda of agreement should also accommodate
participation in this expedited process by other local governments and federal agencies as
circumstances warrant.
(6) In order to facilitate local government's option to participate in this expedited review process,
the office shall, in cooperation with local governments and participating state agencies, create a
standard form memorandum of agreement. A local government shall hold a duly noticed public
workshop to review and explain to the public the expedited permitting process and the terms and
conditions of the standard form memorandum of agreement.
(7) The local government shall hold a duly noticed public hearing to execute a memorandum of
agreement for each qualified project. Notwithstanding any other provision of law, and at the
option of the local government, the workshop provided for in subsection (6) may be conducted on
the same date as the public hearing held under this subsection. The memorandum of agreement
that a local government signs shall include a provision identifying necessaty local government
procedures and time limits that will be modified to allow for the local government decision on the
project wfthin 90 days. The memorandum of agreement applies to projects, on a case-by-case
basis, that qualify for special review and approval as specified in this section. The memorandum of
agreement must make it clear that this expedited permitting and review process does not modify,
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Statutes & Constitution :View Statutes :->2006->Ch0403->Section 973 : flsenate.gov Page 3 of 5
qualify, or otherwise alter existing local government nonprocedural standards for permit
applications, unless expressly authorized by law.
(8) At the option of the participating local government, appeals of its final approval for a project
may be pursuant to the summary hearing provisions of s. 120.574, pursuant to subsection (1 S), or
pursuant to other appellate processes available to the local government. The local government's
decision to enter into a summary hearing must be made as provided in s. 120.574 or in the
memorandum of agreement.
(9) Each memorandum of agreement shall include a process for final agency action on permit
applications and local comprehensive plan amendment approvals within 90 days after receipt of a
completed application, unless the applicant agrees to a longer time period or the office determines
that unforeseen or uncontrollable circumstances preclude final agency action within the 90-day
timeframe. Permit applications governed by federally delegated or approved permitting programs
whose requirements woutd prohibit or be inconsistent with the 90-day timeframe are exempt from
this provision, but must be processed by the agency with federally delegated or approved program
responsibility as expeditiously as possible.
(10) The office shall inform the Legislature by October 1 of each year which agencies have not
entered into or implemented an agreement and identify any barriers to achieving success of the
program.
(1 1 ) The memoranda of agreement may provide for the waiver or modifkation of procedural rules
prescribing forms, fees, procedures, or time limits for the review or processing of permit
appkations under the jurisdiction of those agencies that are party to the memoranda of
agreement. Notwithstanding any other provision of law to the contrary, a memorandum of
agreement must to the extent feasible provide for proceedings and hearings otherwise held
separately by the parties to the memorandum of agreement to be combined into one proceeding or
held jointly and at one Location. Such waivers or modifications shall not be available for permit
applications governed by federally delegated or approved permitting programs, the requirements
of which would prohibit, or tie inconsistent with, such a waiver or modification.
(12) The memoranda of agreement shall include guidelines to be used in working with state,
regional, and local permitting authorities. Guidelines may include, but are not limited to, the
following:
(a) A central contact point for filing permit applications and local comprehensive plan
amendments and for obtaining information on permit and local comprehensive plan amendment
requirements;
(b) Identification of the individual or individuals within each respective agency who will be
responsible for processing the expedited permit application or local comprehensive plan
amendment for that agency;
(c) A mandatory preapplication review process to reduce permitting conflicts by providing
guidance to applicants regarding the permits needed from each agency and governmental entity,
site planning and development, site suitability and limitations, facility design, and steps the
applicant can take to ensure expeditious permit application and local comprehensive plan
amendment review. As a part of this process, the first interagency meeting to discuss a project
shall be held within 14 days after the office's determination that the project is eligible for
expedited review. Subsequent interagency meetings may be scheduled to accommodate the needs
of participating local governments that are unable to meet public notice requirements for
executing a memorandum of agreement within this timeframe. This accommodation may not
exceed 45 days from the office's determination that the project is eligible for expedited review;
(d) The preparation of a single coordinated project description form and checklist and an
http://www. flsenate.gov/Statutes/index. cfm?p=2&App_rnode=Di splay-Statutdk Search-Sti . . . 1 /9/2007
agreement by state and regional agencies to reduce the burden on an applicant to provide
duplicate information to multiple agencies;
http:
(e) Establishment of a process for the adoption and review of any comprehensive plan amendment
needed by any certified project within 90 days after the submission of an application for a
comprehensive plan amendment. However, the memorandum of agreement may not prevent
affected persons as defined fn s. 163.3184 from appealing or participating in this expedited plan
amendment process and any review or appeals of decisions made under thls paragraph; and
(f) Additional incentives for an applicant who proposes a project that provides a net ecosystem
benefit.
(13) The applicant, the regional permit action team, and participating local governments may
agree to incorporate into a single document the permits, licenses, and approvals that are obtained
through the expedited permit process. This consolidated permit is subject to the summary hearing
provisions set forth in subsection (1 5).
(14) Notwithstanding any other provisions of law:
(a) Local comprehensive plan amendments for projects qualified under this section are exempt
from the twice-a-year limits provision in s. 163.3187; and
(b) Projects qualified under this section are not subject to interstate highway level-of-service
standards adopted by the Department of Transportation for concurrency purposes. The
memorandum of agreement specified in subsection (6) must include a process by which the
applicant will be assessed a fair share of the cost of mitigating the project's significant traffic
impacts, as defined in chapter 380 and related rules. The agreement must also specify whether the
significant traffic impacts on the interstate system will be mitigated through the implementation of
a project or payment of funds to the Department of Transportation. Where funds are paid, the
Department of Transportation must include in the 5-year work program transportation projects or
project phases, in an amount equal to the funds received, to mitigate the traffic impacts
associated with the proposed project.
(1 5)(a) Challenges to state agency action in the expedited permitting process for projects
processed under this sectlon are subject to the summary hearing provisions of s. 120.574, except
that the administrative law judge's decision, as provided in s. 120.574(2)(f), shall be in the form of
a recommended order and shall not constftute the final action of the state agency. In those
proceedings where the actlon of only one agency of the state is challenged, the agency of the state
shall issue the final order w'thin 10 working days of receipt of the admlnistrative law judge's
recommended order. In those proceedings where the actions of more than one agency of the state
are challenged, the Governor shall issue the final order within 10 working days of receipt of the
administrative law judge's recommended order. The participating agencies of the state may opt at
the preliminary hearing conference to allow the administrative law judge's declsion to constitute
the final agency action. If a participating local government agrees to participate in the summary
hearing provisions of s. 120.574 for purposes of review of local government comprehensive plan
amendments, s. 163.3184(9) and (IO) apply.
(b) Challenges to state agency action in the expedited permitting process for establishment of a
state-of-the-art biomedical research institution and campus in this state by the grantee under s.
288.955 are subject to the same requirements as challenges brought under paragraph (a), except
that, notwithstanding s. 120.574, summary proceedings must be conducted within 30 days after a
party files the motion for summary hearing, regardless of whether the parties agree to the
summary proceeding.
(16) The office, working with the agencies participating in the memoranda of agreement, shall
review sites proposed for the location of facilities eligible for the Innovation Incentive Program
//www. fl senate. gov/Statutes/index. cfm?p=2&App_mode=Display_Statute& Search-Stri . . . 1 /9/2007
Statutes & Constitution :View Statutes :->2006->Ch0403->Section 973 : flsenate.gov Page 5 of 5
under s. 288.1089. Within 20 days after the request for the review by the office, the agencies shall
provide to the office a statement as to each site's necessary permits under local, state, and federal
law and an identification of significant permitting issues, which if unresolved, may result in the
denial of an agency permit or approval or any significant delay caused by the permitting process.
(1 7) This expedited permitting process shall not modify, qualify, or otherwise alter existing agency
nonprocedural standards for permit appUcations or local comprehensive plan amendments, unless
expressly authorized by law. If it is determined that the applicant is not eligible to use this
process, the applicant may apply for permitting of the project through the normal permitting
processes.
(1 8) The office shall be responsible for certifying a business as eligible for undergoing expedited
review under this section. Enterprise Florida, Inc., a county or municipal government, or the Rural
Economic Development Initiative may recommend to the Office of Tourism, Trade, and Economic
Development that a project meeting the minimum job creation threshold undergo expedited
review.
(19) The office, working with the Rural Economic Development Initiative and the agencies
participating in the memoranda of agreement, shall provide technical assistance in preparing
permit applications and local comprehensive plan amendments for counties having a population of
less than 75,000 residents, or counties having fewer than 100,OOO residents which are contiguous to
counties having fewer than 75,OOO residents. Additional assistance may include, but not be limited
to, guidance in land development regulations and permitting processes, working cooperatively with
state, regional, and local entities to identify areas within these counties which may be suitable or
adaptable for preclearance review of specified types of land uses and other activities requiring
permits.
(20) The following projects are ineligible for review under this part:
(a) A project funded and operated by a local government, as defined in s. 377.709, and located
within that government's jurisdiction.
(b) A project, the primary purpose of which is to:
1. Effect the final disposal of solid waste, biomedical waste, or hazardous waste in this state.
2. Produce electrical power, unless the production of electricity is incidental and not the primary
function of the project.
3. Extract natural resources.
4. Produce oil.
5. Construct, maintain, or operate an oil, petroleum, natural gas, or sewage pipeline.
History.--s. 148, ch. 96-320; s. 2, ch. 97-28; s. 9, ch. 99-244; s. 221, ch. 99-245; s. 91, ch. 2000-
165; S. 14, ch. 2000-317; S. 3, ch. 2003-420; S. 6, ch. 2006-55.
~ ~~ ~ ~__ ~ ~ ~__
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright 0 2000-2005 State of Florida. 1
http://WWW.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Stri . . . 1 /9/2007
Date Prepared: January 4, 2007
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RESOLUTION IO, 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE INTENT OF
THE CITY TO ENTER INTO A MEMORANDUM OF AGREEMENT
WITH THE OFFICE OF TOURISM, TRADE, AND ECONOMIC
DEVELOPMENT FOR THE REVIEW OF ELIGIBLE BIOSCIENCE I
LIFE SCIENCE PROJECTS WITHIN THE BIOSCIENCE RESEARCH
PROTECTION OVERLAY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recognizes that the location of The Scripps Research
Institute’s (LLTSRI”) operations onto Florida Atlantic University’s John D. McArthur
Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm Beach
Gardens (“Briger”) will further the vision of the Governor and the State of Florida to
create an economic development cluster to support TSRI; and
WHEREAS, the City recognizes that the creation of an economic development
cluster to support TSRI will ensure a diversified economy and provide high-wage
employment within Palm Beach County, the Treasure Coast Region, and the State; and
WHEREAS, to fulfill this commitment, the City has adopted amendments to its
Comprehensive Plan that establishes a Bioscience Research Protection Overlay
(BRPO), and that provides a super majority vote requirement to protect land identified in
the Overlay; and
WHEREAS, the City Council has determined that it is in the best interests of the
City of Palm Beach Gardens to utilize the expedited permitting process established in
Section 403.973, Florida Statutes, and to enter into a Memorandum of Agreement with
the Office of Tourism, Trade, and Economic Development (OTTED) for Bioscience/Life
Science Projects located within the BRPO; and
WHEREAS, a duly noticed Workshop has been held consistent with the
requirements of Section 403.973, Florida Statutes; 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.
Date Prepared: January 4, 2007
Resolution 10, 2007
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SECTION 2. The City Council hereby establishes its intent to enter into a
Memorandum of Agreement (proposed MOA is attached hereto as Exhibit A) with the
Governor’s Office of Tourism, Trade, and Economic Development (OTTED) for the
review of Bioscience/Life Science Projects located within the Bioscience Research
Protection Overlay.
SECTION 3. The City shall schedule and duly notice a Public Hearing consistent
with the requirements of Section 403.973, Florida Statutes, to authorize execution of
such Memorandum of Agreement.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 4,2007
Resolution 10, 2007
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PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlC I ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTIONS\MOA approval - reso IO 2007.doc
d
3
ECONOMIC DEVELOPMENT MEMORANDUM OF AGREEMENT
A COOPERATIVE AGREEMENT
BETWEEN
THE OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
AND
THE CITY OF PALM BEACH GARDENS
1. Background and Purpose of Agreement
The purpose of this Memorandum of Agreement (MOA) is to establish an
understanding that the Parties elect to streamline, consolidate, and expedite the
review process for Bioscience/Life Science Projects within the Bioscience Overlay
while maintaining existing environmental and regulatory protections in the event
that such a project is certified for the Expedited Permitting Review Process,
pursuant to Section 403.973, Florida Statutes.
The City of Palm Beach Gardens (hereinafter “City”), the Governor, and the
Legislature recognize the importance of the bioscience/life science sector as an
economic engine that creates high-ski Illhigh-wage jobs, and strengthens and
diversifies the economy. It is also recognized that such projects must be
thoughtfully planned to take into account the protection of the environment. These
projects may involve activities requiring several permits and frequently trigger a
series of regulatory reviews. Such projects may also confront multi-jurisdictional
issues which overlap the reviewing authority of federal, state, regional, and local
governmental entities. Accordingly, the Legislature enacted, and the Governor
signed into law, Section 403.973, Florida Statutes, creating the Expedited
Permitting Review Process.
The Expedited Permitting Review Process (Process) requires the Office of
Tourism, Trade, and Economic Development (OTTED) to certify projects eligible to
use the Process and create regional permit action teams (RPATs). RPATs consist
of signatory agencies to this and similar MOAS, as well as other agencies, which
have agreed to participate and may have jurisdiction over a certified project. Each
RPAT is specifically established to expedite permit review for a certified project.
This MOA establishes an understanding that, should a project meeting the sector
eligibility criteria established for the bioscience overlay described in Exhibit “A
(he rein after “ Bioscien ce/Life Science Project” ) I attached hereto and i n co rpora ted
herein by reference, be certified by OTTED as eligible to use the Process, the City
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will participate in the Process and on a RPAT. (The Expedited Permitting Review
Process does not modify, qualify, or otherwise alter existing state or regional
agency or City non-procedural standards for permit approval unless expressly
authorized by law.) This participation will be consistent with Section 403.973,
Florida Statutes, the commitments articulated in Section II, the operating
procedures set forth in Section Ill of this MOA, and the land development
regulations of the City. Participation shall be confirmed and established for a
particular project by execution of a project-specific Memorandum of Agreement
substantially similar to the one attached to this MOA as Exhibit “B” and
incorporated herein by this reference, following a public hearing as required by
Section 403.973 (7), Florida Statutes.
II. Statement of Commitment
A. The City makes the following specific commitments in the event that a
Bioscience Project qualifies for Expedited Permitting Review and meets the
sector eligibility criteria established in “Exhibit A.” These commitments shall
be exercised upon approval by OTTED of the use of the Expedited Permitting
Review Process for a Bioscience/Life Science Project and execution of a
project-specific Memorandum of Agreement.
1.
2.
3.
4.
5.
To have at least one staff representative serve on the RPAT established
by OTTED for a Bioscience/Life Science Project.
To expedite the application review process for a Bioscience/Life Science
Project.
To inform OTTED and the project coordinator of issues which, if not
resolved, could lead to a delay, denial, or nonapproval of one or more
permits or approvals for a Bioscience/Life Science Project.
To consider the waiver or modification of specific procedural rules to
expedite final agency action within 90 days after receipt of a completed
application (unless the applicant agrees to a longer time period or
significant circumstances such as natural disasters preclude final
agency action within the 90-day time frame, not including any time
necessary to complete any administrative or appellate proceedings that
will affect the issuance of the permit). No procedural rule shall be
waived if such waiver will result in a threat to the health, safety, or
welfare of the City’s citizens.
To invite participation in the Process by agencies not party to this or
similar MOAS, where appropriate.
2
6. To assist and work closely with applicable state, regional, and other
local governments in preparation of local comprehensive plan
amendments or developments of regional impact, as appropriate.
7. To educate City staff about a BioscienceLife Science Project and their
role on the RPAT as well as the Process in general.
8. To implement the Operating Procedures outlined in Section Ill of this
MOA.
111. Operating Procedures
The Parties agree to the following procedures in the event that a BioscienceLife
Science Project qualifies for Expedited Permitting Review and meets the industry
eligibility guidelines established in “Exhibit A.” These procedures will be instituted
upon approval by OTTED of the use of the Expedited Permitting Review Process
for a Bioscience/Life Science Project and execution of a project-specific
Memorandum of Agree men t .
A.
1. When OTTED has certified a Bioscience/Life Science Project for the
Process, OTTED will immediately notify the City and provide a copy of
the completed Projected Description Form submitted by the
Bioscience/Life Science Project.
2. OTTED will arrange the initial interagency meeting, which may also
serve as the pre-application meeting, no later than 14 days after
OTTED’s certification of the BioscienceLife Science Project. The
meeting will be conducted in the City. Participating agencies, including
the City, will confirm their attendance at the meeting with OTTED.
3. If, after reviewing the Project Description Form, the City concludes that it
has no jurisdiction over the Project, it will so advise OTTED, in writing,
within 14 days of receipt of the Project Description Form.
B. Pre-application Meeting.
1. Purpose. The purpose of the initial or pre-application meeting is to
reduce potential conflicts by providing guidance to applicants regarding:
a. Approvals required by the City and agencies with jurisdiction.
b. Issues relating to site suitability, planning and development,
infrastructure requirements and costs, and facility design.
3
c. Steps the applicant, the City, and other agencies with jurisdiction can
take to ensure expeditious review.
d. Additional incentives available to a project that results in a net
ecosystem benefit. These incentives may include, but not be limited
to, long-term permits, conceptual permits suitable for enabling
applicants to receive financing with ready conversions to
construction permits, and assistance with surface water, storm water,
and wastewater management systems, waste reduction, and
pol I ution prevention.
e. If the project creates traffic impacts, the project shall be required to
provide its fair share of contribution for traffic impacts as described
in a separate agreement, except for impacts to local government's
roadways, as further addressed in each project-specific MOA.
f. Procedural requirements and time limitations, if any, which must be
modified by the City to provide the expedited review for a certified
project shall be listed in a separate agreement.
2. Meeting Preparation.
Unless the City notifies OTTED that it does not have jurisdiction over
the project, it is assumed that the City will have adequately prepared for
the meeting and contributed to the expedited outcomes as follows:
a. City staff will bring to the meeting and provide to the applicant copies
of any regulations, ordinances, and application forms that are
necessary .
b City staff will provide at the meeting a time schedule which
incorporates all relevant City deadlines as well as the time and
location of required public hearings.
3. Outcomes of the Pre-Application Meeting.
a. A comprehensive list of federal, state, regional, and local agencies
which may have jurisdiction over the project.
b. Designation of the agency which will be the overall project
coordinator, the central point of contact in the City, the identification
of all agencies including City agencies which will be members of the
RPAT, and the lead contact in each participating agency and local
government entity.
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c. A complete list of permits and approvals required for the project.
Local governments participating in the Process for a Bioscience/Life
Science Project will determine, on a project-by-project basis, which
permits and approvals will be included. Those permits and
approvals will be specifically identified and attached to each project-
specific MOA.
d. The identification of any special studies or reviews that may affect
the time schedule and a determination of the applicant’s role in the
conduct of these studies or reviews.
e. The identification of any issues of significant concern that may affect
the outcome of the Project’s review.
f. The development of a consolidated time schedule for the permits
and approvals which the City has determined will be required for
each Bioscience/Life Science Project. This consolidated time
schedule will incorporate all required deadlines, including public
meetings and notices. Any subsequent modifications to this
schedule and their impact on the completion date will be immediately
communicated in writing or by telephone followed by a written
communication to OTTED, all participating agencies, and the
applicant.
g. Identification of duplicate requests for information and agreement by
participating agencies and local government entities as to how such
duplication can be reduced or eliminated.
h. Nothing in this MOA or similar MOAS executed by other agencies
precludes the use of multiple pre-application meetings.
C. Statement as to the Proposed Project’s Permittability.
1. Within 30 days of the pre-application meeting, City staff will provide to
OTTED and the applicant a statement as to the Project’s permittability
and an identification of significant permitting issues. Significant
permitting issues are those issues which, if unresolved, may result in
the denial of a City permit or approval.
2. In the event that the City cannot meet the deadline, the City shall notify
OTTED at the earliest opportunity of its inability to do so.
3. This statement is not binding upon the City and is only intended to
assist the applicant in the evaluation of obstacles and opportunities in
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the project approval process and in completing the necessary
a p pl i ca t i ons .
IV. Implementation
A.
B.
C.
D.
E.
F.
This MOA shall take effect immediately upon signature by the parties
involved.
The City may identify the payment of fees associated with its review of
applications and public notice expenses associated with execution of each
project-specific MOA, as well as expenses of other public hearings
associated with comprehensive plan amendments, development of regional
impact development orders, and other land-use noticing provisions. Such
identification may be included in each project-specific MOA.
Copies of the public notices published by the City and required for the public
workshop required under Section 403.973 (6), Florida Statutes, shall be
attached hereto and incorporated herein as “Exhibit C.” Documentation that
the public notices met the duly noticed requirements of Section 403.973
(2)(a), Florida Statutes, shall also be attached to this MOA as part of “Exhibit
C.”
Copies of the public notices published by the City and required for the public
hearing required under Section 403.973 (7), Florida Statutes, shall be
attached to each project-specific MOA. Documentation that the public
notices met the duly noticed requirements of Section 403.973 (2)(a), Florida
Statutes, shall also be attached to each project-specific MOA.
This MOA shall be reviewed periodically by all parties. If revisions are
needed, notification shall be given to the parties, in writing, of the specific
changes desired with the proposed modification language and the reasons
for the revisions. With the mutual consent of the parties, the proposed
changes shall become effective when the parties to the MOA have signed a
modification to this Agreement.
The City may terminate this MOA at any time upon written notice to OTTED.
V. Appeal Process Designation
Pursuant to Section 403.973(13), Florida Statutes, at the option of the City,
appeals of its final approval for a project may be pursuant to the summary hearing
provisions of Section 120.574, Florida Statutes, or pursuant to other appellate
processes available to it. Such Appeal Process Designation shall be included in
each project-specific MOA.
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VI. Transportation Mitigation
As provided in Section 403.973(12)(b), Florida Statutes, the process by which
each Bioscience/Life Science Projecf will be assessed a fair share of the cost of
mitigating the Project’s significant traffic impacts, as defined in Chapter 380,
Florida Statutes, and related rules shall be included in each project-specific MOA.
As further provided in Section 403.973( 12)(b), Florida Statutes, the information to
be included in each project-specific MOA shall also specify whether the significant
traffic impacts on the interstate system will be mitigated through the
implementation of a project or payment of funds to the Florida Department of
Transportation (FDOT). Modifications to this information may be made from time
to time as the mitigation proposal(s) are developed and agreed to by the
Bioscience/Life Science Project, the City, and the FDOT.
(The remainder of this page left intentionally blank)
7
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement this day of ,2007.
CITY OF PALM BEACH GARDENS, a Florida
Municipal Corporati on
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
e P. Tatum, City Attorney
OFFICE OF TOURISM, TRADE, AND
ECONOMIC DEVELOPMENT
By:
Pamella J. Dana, Director
G:\attorney-share\AGREEMENTS\Local Bioscience MOA Draft.DOC
Bioscience MOA Draft
As of 9/18/06 8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 14,2006
Meeting Date: January 18, 2007
Ordinance: 3, 2007
SubjecVAgenda Item: Ordinance 3, 2007, amending the City of Palm Beach
Gardens General Employees Defined Benefit Pension Fund
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
City Attorney
Submitted by:
Allan &
Department Director
Approved by: A
City Madage4
Originating Dept.:
Fina 6
Advertised :
[X 3 Not Required
Affected parties
[ ] Notified
[ XI Not required
costs: !§ -0-
(Total)
$ -0-
Current FY
Funding
Source:
[XI Operating
[ ]Other N/A
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/ conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 3, 2007
0 Actuarial Impact
Statement
[ ]None
Date Prepared: December 8,2006
Meeting Date: January 18, 2007
Ordinance: 3, 2007
BACKGROUND: The City of Palm Beach Gardens currently maintains a
defined benefit pension plan for certain general employees. This plan was
closed in 1995 to all general employees hired after May 1, 1995. There are
currently five active participants remaining in this plan, with 15
VestedAerminated participants.
Ordinance 3, 2007, is recommended by the plan's attorney, and would bring
certain provisions of the plan into compliance with current IRS regulations.
These changes are summarized as follows:
1. Section 3-126, Definitions, is amended by adding rules under
"Credited Service" requiring mandatory distribution of accumulated
contributions if a member who is not vested does not remain
employed for a period of three years upon reemployment within
five years, if the total is $1,000 or less. If a member who is not
vested is not reemployed within five years, his accumulated
contributions, if more than $1,000, will be returned only upon
written request of the member.
2. Section 3-135, Optional forms of benefits, is amended by adopting
applicable percentages provided for in the applicable table in the
Treasury regulations for payments to joint pensioners.
3. Section 3-140, Distribution of benefits, is amended to require that
all distributions will be determined and made in accordance with
the Treasury regulations under section 401 (a) (9) of the Code.
4. Section 3- 147, Direct transfers of eligible rollover distributions, is
amended by requiring that cash distributions from the plan not
otherwise required by law, in excess of $1,000, shall be made only
upon written request of the member.
Since this is a closed plan that will not grow in size, but will continue to incur
administrative expenses, e.g., legal, actuarial, investment management, and
investment monitoring, the administration of the plan becomes increasingly
less cost efficient as time goes on. Therefore, in order to improve the cost
effectiveness of meeting the benefits that have been earned to date, staff has
been analyzing the possibility of terminating the plan and purchasing
annuities. This would require an ordinance that would terminate the plan and
require current active members to join FRS. Annuities could then be
purchased for the benefits that have been accrued to date. The cost of the
annuities, however, may exceed the total available funding sources in the
current plan. In addition, the benefit multiplier in FRS is less than the plan’s
multiplier, and would be a reduction of the benefits currently being received
by the plan’s current members. Therefore, we would not recommend this
course of action, but will continue to research any other options that might be
available.
STAFF RECOMMENDATION: Staff recommends a motion to approve
Ordinance 37, 2006 on first reading.
Date Prepared: December 14, 2006
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ORDINANCE 3,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE GENERAL
EMPLOYEES’ PENSION PLAN (DB); AMENDING SECTION 3-126,
CODE OF ORDINANCES ENTITLED “DEFINITIONS”; AMENDING
SECTION 3-127, CODE OF ORDINANCES ENTITLED
“MEMBERSHIP”; AMENDING SECTION 3-1 35, CODE OF
AMENDING SECTION 3-140, CODE OF ORDINANCES ENTITLED
“DISTRIBUTION OF BENEFITS”; AMENDING SECTION 3-147,
CODE OF ORDINANCES ENTITLED “DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS”; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCES ENTITLED “OPTIONAL FORMS OF BENEFITS”;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA that:
SECTION 1. Section 3-126, Code of Ordinances entitled “Definitions” is hereby
amended to read as follows (deleted language is fktdceR-tkfettgk : new language is
underlined):
Sec. 3-126. Definitions.
(a) As used herein, unless otherwise defined or required by the context, the
following words and phrases shall have the meaning indicated:
***
Credited service means the total number of years and fractional parts of years of
service as a general employee with member contributions, when required, omitting
intervening years or completed months when such member was not employed by the
city as a general employee. A member may voluntarily leave his accumulated
contributions in the fund for a period of five years after leaving the employ of the city
pending the possibility of being rehired, and remaining employed for a period of not less
than three years, without losing credit for the time that he was a member of the system.
If a member who is not vested does not remain employed for a period of three years
upon reemployment within five years, then his accumulated contributions, if $1.000.00
or less, will be returned. If a member who is not vested is not reemployed within five
years, his accumulated contributions, if more than $1,000.00 will be returned only upon
the written request of the member and upon completion of a written election to receive a
cash lump sum or to rollover the lump sum amount on forms desiqnated by the board.
If a vested member leaves the employ of the city, his accumulated contributions will be
Date Prepared: December 14,2006
Ordinance 3, 2007
1 returned only upon his written request. Upon return of his accumulated contributions, all
2 of his rights and benefits under the system are forfeited and terminated.
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7 amended as follows (deleted language is
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9 Sec. 3-127. Membership.
10
11 All general employees who are members of the system as of the effective date
12 shall remain members of the system. All general employees who are not members of
13 the system as of the effective date, and all future new general employees, includinq
14 reemployed retirees, shall be ineligible to become members of this system.
15
16
17 benefits” is hereby amended as follows (deleted language is
18 language is underlined):
19
20 Sec. 3-135. Optional forms of benefits.
21
22 (a) In lieu of the amount and form of retirement income payable in the event of
23 normal or early retirement as specified herein, a member, upon written request to the
24 board, may elect to receive a retirement income or benefit of equivalent actuarial value
25 payable in accordance with one of the following options:
26
27 (1) A retirement income of a monthly amount payable to the member for his
28 lifetime only.
29
30 (2) A retirement income of a modified monthly amount, payable to the member
31 during the lifetime of the member and following the death of the member,
32 100 percent, 75 percent, 66 213 percent or 50 percent of such monthly
33 amount payable to a joint pensioner for his lifetime. T-4e-e
ffa+nExceDt where the
34
35
36 retiree’s ioint Densioner is his spouse, the Davments to the ioint pensioner
37 as a Dercentage of the payments to the retiree shall not exceed the
38 applicable percentage Drovided for in the aDDlicable table in the Treasury
39 regulations.
40
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43
44 is hereby amended as follows (deleted language is
45 underlined):
46
***
SECTION 2. Section 3-1 27, Code of Ordinances entitled “Membership” is hereby
; new language is underlined):
SECTION 3. Section 3-135, Code of Ordinances entitled “Optional forms of
; new
. ..
***
SECTION 4. Section 3-1 40, Code of Ordinances entitled “Distribution of benefits”
; new language is
2
Date Prepared: December 14, 2006
Ordinance 3, 2007
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Sec. 3-140. Minimum Daistribution of benefits.
/1\ If ie
h Thn .. .
/3\ If -r'c > .. . ..
46
3
Date Prepared: December 14,2006
Ordinance 3, 2007
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/a) General rules.
/I) Effective date. The provisions of this section will applv for purposes of
determining required minimum distributions for calendar vears beginning
with the 2003 calendar vear.
/2) Precedence. The requirements of this section will take precedence over
anv inconsistent provisions of the plan.
/3) Reauirements of Treasury reaulations incorDorated. All distributions
required under this section will be determined and made in accordance with
the Treasurv regulations under section 401 (aM9) of the Code.
/4) TEFRA section 242bM2) elections. Notwithstanding the other provisions of
this section other than this subsection (a)(4), distributions mav be made
under a designation made before Januarv 1, 1984, in accordance with
section 242(b)(2) of the Tax Equitv and Fiscal Responsibilitv Act (TEFRA)
and the provisions of the plan that related to section 242(b)(2) of TEFRA.
/b) Time and manner of distribution.
/I ) Reauired beainnina date. The member's entire interest will be distributed,
or begin to be distributed, to the member no later than the member's
required beginning date which shall not be later than April 1 of the calendar
year following the later of the calendar vear in which the member attains
age 70% or the calendar vear in which the member retires, unless
otherwise provided for in the plan or required bv law.
/2) Death of member before distributions begin. If the member dies before
distributions begin, the member's entire interest will be distributed, or begin
to be distributed no later than as follows:
a. If the member's survivinq spouse is the member's sole designated
beneficiarv, then distributions to the surviving spouse will begin bv
December 31 of the calendar vear immediatelv followinq the calendar
year in which the member died, or bv December 31 of the calendar
year in which the member would have attained age 70 %, if later.
b. If the member's survivinq spouse is not the member's sole desiqnated
beneficiarv. then distributions to the designated beneficiarv will beqin
bv December 31 of the calendar vear immediatelv following the
calendar vear in which the member died.
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Date Prepared: December 14,2006
Ordinance 3, 2007
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c. If there is no designated beneficiarv as of September 30 of the vear
following the vear of the member's death, the member's entire interest
will be distributed bv December 31 of the calendar vear containing the
fifth anniversarv of the member's death.
d. If the member's surviving spouse is the member's sole designated
beneficiarv and the survivinq spouse dies after the member but before
distributions to the surviving spouse begin, this subsection (b)(2),
other than subsection (b)(2)a., will applv as if the survivinq spouse
were the member.
For purposes of this subsection (b)(2) and subsection (e), distributions
are considered to begin on the member's required beginning date or, if
subsection (b)(2)d. applies, the date of distributions are required to
beqin to the surviving spouse under subsection (b)(2)a. If annuity
pavments irrevocablv commence to the member before the member's
required beginning date (or to the member's surviving spouse before
the date distributions are required to begin to the survivinq spouse
under subsection (b)(2)a.) the date distributions are considered to
begin is the date distributions actuallv commence.
/3) Form of distribution. Unless the member's interest is distributed in the form
of an annuitv purchased from an insurance companv or in a sinqle sum on
or before the required beginning date, as of the first distribution calendar
year, distributions will be made in accordance with subsections (c), (d), and
{e) of this section. If the member's interest is distributed in the form of an
annuitv purchased from an insurance companv, distributions thereunder will
be made in accordance with the requirements of section 401(a)(9) of the
Code and Treasurv regulations. Anv part of the member's interest which is
in the form of an individual account described in section 414(k) of the Code
will be distributed in a manner satisfving the requirements of section
401 (aM9) of the Code and Treasurv regulations that applv to individual
accounts.
IC) Determination of amount to be distributed each vear.
/I) General annuitv requirements. If the member's interest is paid in the form
of annuitv distributions under the plan, payments under the annuitv will
satisfv the followina requirements:
a. The annuitv distributions will be paid in periodic Davments made at
intervals not lonqer than one vear.
b. The distribution period will be over a life (or lives) or over a period
certain not longer than the Deriod described in subsection (d) or (e).
5
Date Prepared: December 14, 2006
Ordinance 3, 2007
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c. Once pavments have begun over a period certain, the period certain
will not be changed even if the period certain is shorter than the
maximum permitted.
d. Pavments will either be nonincreasinq or increase onlv as follows:
1. Bv an annual percentaqe increase that does not exceed the
cumulative annual percentage increase in a cost-of-livinq index
that is based on prices of all items and issued bv the Bureau of
Labor Statistics or bv a fixed annual increase of five percent or - less.
2. To the extent of the reduction in the amount of the member's
pavments to provide for a survivor benefit upon death, but onlv if
the beneficiarv whose life was being used to determine the
distribution period described in subsection (d) dies or is no longer
the member's beneficiary pursuant to a qualified domestic
relations order within the meaning of section 414(p).
3. To provide cash refunds of accumulated contributions upon the
member's death.
4. To pav increased benefits that result from a plan amendment.
/2) Amount required to be distributed by required beainnina date. The amount
that must be distributed on or before the member's required beginning date
lor, if the member dies before distributions begin, the date distributions are
required to begin under subsection (b)(2)a. or (bM2)c.I is the pavment that
is required for one pavment interval. The second pavment need not be
made until the end of the next pavment interval even if that pavment
interval ends in the next calendar vear. Pavment intervals are the periods
for which pavments are received, e.g., bi-monthlv, monthlv, semi-annuallv,
or annuallv. All of the member's benefit accruals as of the last dav of the
first distribution calendar vear will be included in the calculation of the
amount of the annuity pavments for pavment intervals ending on or after
the member's required beginning date.
(3) Additional accruals after first distribution calendar year. Anv additional
benefits accruinq to the member in a calendar vear after the first distribution
calendar vear will be distributed beqinnina with the first pavment interval
ending in the calendar vear immediatelv following the calendar vear in
which such amount accrues.
/d) Requirements for annuity distributions that commence durins a member's
lifetime.
6
Date Prepared: December 14,2006
Ordinance 3, 2007
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/I ) Joint life annuities where the beneficiarv is not fhe member's sDouse. If the
member's interest is being distributed in the form of a ioint and survivor
annuitv for the ioint lives of the member and a nonspouse beneficiarv,
annuitv payments to be made on or after the member's required beginninq
date to the desiqnated beneficiarv after the member's death must not at anv
time exceed the applicable percentage of the annuitv pavment for such
period that would have been pavable to the member using the table set
forth in Q&A-2 of section 1.401 (a)(9)-6T of the Treasurv regulations. If the
form of distribution combines a ioint and survivor annuitv for the ioint lives
of the member and a nonspouse beneficiarv and a period certain annuitv,
the requirements in the preceding sentence will applv to annuitv pavments
to be made to the designated beneficiarv after the expiration of the period
certain.
/2) Period certain annuities. Unless the member's spouse is the sole
desiqnated beneficiarv and the form of distribution is a period certain and
no life annuitv, the period certain for an annuitv distribution commencinq
during the member's lifetime mav not exceed the applicable distribution
period for the member under the Uniform Lifetime Table set forth in section
1.401 (a)(9)-9 of the Treasurv regulations for the calendar vear that contains
the annuitv starting date. If the annuitv starting date precedes the vear in
which the member reaches age 70, the applicable distribution period for the
member is the distribution period for age 70 under the Uniform Lifetime
Table set forth in section 1.401 (aM9)-9 of the Treasurv regulations plus the
excess of 70 over the acle of the member as of the member's birthdav in the
vear that contains the annuitv starting date. If the member's spouse is the
member's sole desiqnated beneficiarv and the form of distribution is a
period certain and no life annuitv, the period certain mav not exceed the
longer of the member's applicable distribution period, as determined under
this subsection (d)(2), or the ioint life and last survivor expectancv of the
member and the member's spouse as determined under the Joint and Last
Survivor Table set forth in section 1.401 (a)(9)-9 of the Treasurv regulations,
using the member's and spouse's attained ages as of the member's and
spouse's birthdavs in the calendar vear that contains the annuitv starting
date.
le) Reauirements for minimum distributions where member dies before date
distributions begin.
(1 ) Member survived bv designated beneficiarv. If the member dies before the
date distribution of his or her interest begins and there is a desiqnated
beneficiarv, the member's entire interest will be distributed, beginninq no
later than the time described in subsection (b)(2)a. or (b)(2)b., over the life
of the designated beneficiarv or over a period certain not exceeding:
7
Date Prepared: December 14,2006
Ordinance 3, 2007
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a. Unless the annuitv starting date is before the first distribution calendar
year, the life expectancv of the designated beneficiarv determined
using the beneficiarv's age as of the beneficiarv's birthdav in the
calendar vear immediatelv followinq the calendar vear of the
member's death.
b. If the annuitv starting date is before the first distribution calendar vear,
the life expectancv of the designated beneficiarv determined using the
beneficiarv's age as of the beneficiarv's birthday in the calendar vear
that contains the annuity starting date.
(2) No desianated beneficiarv. If the member dies before the date distributions
beqin and there is no desiqnated beneficiarv as of September 30 of the
year following the year of the member's death, distribution of the member's
entire interest will be completed bv December 31 of the calendar vear
containinq the fifth anniversary of the member's death.
/3) Death of surviving spouse before distributions to surviving spouse begin. If
the member dies before the date distribution of his interest begins, the
member's survivinq spouse is the member's sole desiqnated beneficiarv,
and the surviving spouse dies before distributions to the surviving spouse
begin, this subsection (e) will applv as if the surviving spouse were the
member, except that the time bv which distributions must begin will be
determined without reqard to subsection (b)(2)a.
/f) Definitions.
/I) Desianated beneficiarv. The individual who is desiqnated as the
beneficiarv under the plan and is the desiqnated beneficiarv under section
401(a)(9) of the Code and section 1.40l(a)(9)-1, Q&A-4 of the Treasury
regulations.
/2) Distribution calendar vex A calendar vear for which a minimum
distribution is required. For distributions beginning before the member's
death, the first distribution calendar vear is the calendar vear immediately
preceding the calendar vear which contains the member's required
beqinning date. For distributions beginning after the member's death, the
first distribution calendar vear is the calendar vear in which distributions are
required to beqin pursuant to subsection (b)(2).
/3) Life expectancv. Life expectancv as computed bv use of the Sinqle Life
Table in section 1.401 (a)(9)-9 of the Treasurv regulations.
/4) Rewired beainnina date. The date specified in subsection (b)(l).
8
Date Prepared: December 14,2006
Ordinance 3, 2007
1 SECTION 5. Section 3-147, Code of Ordinances entitled “Direct transfers of
2 eligible rollover distributions” is hereby amended as follows (deleted language is
3- ; new language is underlined):
4
5 Sec. 3-147. Direct transfers of eligible rollover distributions; elimination of
6 ma ndatow distributions.
7
8
9
10 IC) Elimination of mandatory distributions. Notwithstanding anv other provision
11 herein to the contrarv. in the event this plan provides for a mandatory (involuntarv) cash
12 distribution from the plan not otherwise required by law, for an amount in excess of
13 $1,000.00, such distribution shall be made from the plan onlv upon written request of
14 the member and completion bv the member of a written election on forms designated bv
15 the board to either receive a cash lump sum or to rollover the lump sum amount.
***
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SECTION 6. Codification of this Ordinance is hereby authorized and directed.
SECTION 7. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
9
Date Prepared: December 14,2006
Ordinance 3, 2007
1 PASSED this day of , 2007, upon first reading.
2
3 PASSED AND ADOPTED this day of ,2007, upon second
4 and final reading.
5
6
7 CITY OF PALM BEACH GARDENS FOR
8
9 BY:
10 Joseph R. Russo, Mayor
11
12
13 Jody Barnett, Vice Mayor
14
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16 Eric Jablin, Councilmember
17
18
19 David Levy, Councilmember
AGAINST ABSENT
20
21
22 Hal R. Valeche, Councilmember
23
24
25 ATTEST:
26
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28 BY:
29
30
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32 APPROVED AS TO FORM AND
33 LEGAL SUFFICIENCY
34
35
36 BY:
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46
Patricia Snider, CMC, City Clerk
Christine P. Tatum, City Attorney
47 \\pbgsfile\Attorney\attorney_share\ORDINANCES\General Employee Pension amendment - ord 3 2007.doc
10
TELEPHONE
(239) 433-bb00
FOSTER & FOSTER, INC.
&&hau%d@&W+W
6290 CORPORATE COURT, C-201
FORT MYERS, FLORIDA 33913
April 11,2006
FACSIMILE
(299) 481 -0634
Dear Mr, Fer&:
2008, we have reviewed bg\gen\04-06-06.ord) cent amendments to the
pension plans, and have the assumptions used in
nt
Mr. Charles Slavin Bureau of Local Retirement Systems Division of Retirement
Tallahassee, FL 3231 59000
If you have any quest1 s, please let me know.
Sincerely,
Patrick T. Donlan
neY
City of Palm Beach Gardens
Council Agenda
January 18,2007
Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 18,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT
COMMENTS F’ROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the City Clerk Drier to this Item)
CONSENT AGENDA:
a [Staff Report on Pape 4, Resolution on Page 6) Resolution 6, 2007 - Grant
Funding Agreements. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing the City Manager as the signatory authority for
Grant Funding Agreements and Financial Assistance Agreements; and providing
an effective date.
[Staff Report on Page 8, Resolution on Page 10) Resolution 9,2007 - Purchase
award to Landscape Structures, Inc. A Resolution of the City Council of the City
Palm Beach Gardens, Florida approving a purchase award to Landscape
Structures, Inc., for playground equipment at the Burns Road Community
Recreation Campus via an existing contracl with Palm Beach County (No. 05-
074/A); and providing an effective date.
[Staff Renort on Pilee 35. Resolution on Page 46) Resolution 10, 2007 -
Memorandum of Agreement. A Resolution of the City Council of the City Palm
Beach Gardens, Florida establishing the intent of the City to enter into a
Memorandum of Agreement with the Ofice of Tourism, Trade, and Economic
Development for the review of eligible Bioscience / Life Science Projects within
the Bioscience Research Protection Overlay; and providing an effective date.
d. JPape 57) Proclamation - Arbor Day.
{Page 58) Proclamation - Celebrate your Signature City Day. e.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
Part I1 - Non-Quasi-iudicial
X. RESOLUTIONS:
XI ORDINANCES: @‘or Consideration on First Reading)
a. {Staff ReDort on Page 59. 0Idrii;irice on Page 62)q -
Amendment to the General Employee Defined Benefit Pensio
amending Sictiii<3-
Section 3-127, Code d
Code of Ordinance;
Benefits”; amendi
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIIL CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADKISED 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 teshony and evidence upon which the appeal is
to be based
In accor&nce with the A&ans wi#h Disabib Act and Section 286.26, FIOrida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to thepnwkion of certain assistance ut no cost please call the City
Clerk’s Office at 561-799-4122 no later than 5 &ys prior to the hearing if this assistance is
required For hearing imjnximd asskhnee, pIeasc caU the FIovida Relay Service Numbm:
800-955-8771 (TDD) ot 800-955-8770 (FOIa).
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: khfi (X 4p r;l, Address: 7\5 NU“\SDn hb prw4 Subject: Le A(’G/ )a (4ca City: PA(M h4Lh Gqrbks 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 ~ 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 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 4 J Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
CITY COUNCIL MEETING 01/18/07
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS:
MOD I FICAT IONS:
NONE
Under Consent :
Resolution 10,2007 - Memorandum of Agreement
with the Office of Tourism, Trade, and Economic
Development for the review of eligible Bioscience
/ Life Science Projects within the Bioscience
Research Protection Overlay.
Staff has been working with the State and
the County to clarify the scope of this
Agreement; so that Bioscience Projects
can be processed using the OTTED
expedited review.
Staff has requested a postponement to
date certain.
NONE
Come out and Celebrate Your Signature City!
A WHEN:
Saturday, January 27,2007
from 1 l:ooA.M.-2:0OP.M.
Palm Beach Gardens City Hall
10500 North Military Trail
Palm Beach Gardens
An entertaining way to learn more
about your Signature City!
Join us for a hot dog, chips and soda. There wil1 be exhibits,
games, entertainment, prizes and tours. A fun event for the
whole family! Don't miss it!
&*@A &$!A I-& c' 7 CA-y cGlltL-L2 ILW4-l-y 'By l%./op &so * @ CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
January 17,2007
Dear HOA President,
As we begin the New Year, the City Council of the City of Palm Beach Gardens would like to
take the opportunity to remind you and the residents within your community of opportunities
which exist to participate in the development review process in the City. The City is committed
to ensuring that all residents are informed of potential development projects in the City and that
residents have an opportunity to have their concerns aired and addressed.
All development applications and supporting documentation are public records
maintained in the Growth Management Department. Requests to review a file may be
made by contacting the Department or the City Clerk.
9 Information is also posted online at pbgfl.com. On this site you will find a listing of all
applications and when the public hearings are scheduled, copies of proposed site plans,
and staff reports.
9 The City Council adopted Ordinance 27, 2005 which encourages workshop meetings
before the Planning, Zoning, and Appeals Board early in the review process. These
workshop meetings are designed for residents to ask questions and voice their
concerns about projects which may impact them. If you feel that such a workshop
meeting would be beneficial for your community, please contact the Growth
Management Administrator to request that a workshop be scheduled.
The City Council members have agreed to a policy regarding meetings with developers.
All meetings will be attended by a City staff member who will maintain notes of the
meeting in the City's official file for the proposed development. The entire file is a public
record and is open for inspection by any member of the public.
City Council members disclose any communication, verbal or written, that they have
had regarding a proposed development. This disclosure takes place at the beginning of
any required public hearing before the Council.
9 At times, situations may arise when your community has serious concerns regarding an
adjacent development, and your community and the developer wish to address those
community concerns by entering into an agreement. Please note that such agreements
are private contractual relationships which the City does not regulate. However, certain
suggestions are offered for your consideration:
4
HOA President
January 17,2007
Page 2 of 2
I
*:* Before entering into such a meeting, provide notice to all members of the HOA, not
just the Board of Directors.
*:* Make copies of the agreement available to all members of the HOA upon request.
*:* Avoid provisions in the agreement that call for the payment of cash -the preferred
method of addressing mitigation is to have the developer agree to install mitigation
measures, such as additional buffering or landscaping.
*:* In particular, avoid provisions in the agreement that call for the payment of cash to
individual members of the HONPOA.
*:* Seek the advice of your HOA attorney before entering into such agreements, as
they are binding legal documents that may create enforceable obligations on your
part.
> When the City Council considers whether to approve a proposed development project,
the law requires that they base their decision on the record that is produced at the
public hearing, which includes the City’s official file on the matter, as well as any
testimony or documents submitted during the public hearing. It is therefore essential to
the process that if your community has concerns about a proposed project, that you
encourage your community residents to attend the public hearing so that the Council
hears their comments and concerns.
If you need any additional information about the City’s development review process, or have
any other questions, please give us a call at 561 -799-41 IO.
. Russo
Date Prepared: January 17,2007
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WHEREAS, Chapter 26 of the Code of Ordinances provides for a method of
qualifying for election by payment of statutory filing fees and assessment fess; and
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ELECTIONS;
AMENDING CHAPTER 26, CODE OF ORDINANCES, ENTITLED
“ELECTIONS” TO PROVIDE AN ALTERNATIVE METHOD OF
QUALIFYING FOR ELECTION; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Council has determined that it is necessary to amend said
WHEREAS, the City Council has determined that adoption of this Ordinance is in
Chapter to provide an alternative method of qualifying for election; and
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the best interest of the citizens and residents of the City of Palm Beach Gardens.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratiied.
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SECTION 2. The City Council hereby amends Chapter 26, Code of Ordinances,
entitled “Elections” by creating a new Section 26-- to be entitled “Alternative Method
of Qualifying” to read as follows:
Sec. 26- . Alternative method of qualifying.
(a) A person seeking to qualify for election for council member may qualify to have
his or her name placed on the ballot by means of the petitioning process prescribed in
this section, providing the person satisfies all other qualifying requirements. A person
using this petitioning process shall file an oath with the city clerk stating that he or she
intends to qualm for the office sought and stating that he or she is unable to pay the
assessment for that office without imposing an undue burden on his or her personal
resources or on resources otherwise available to him or her.
(b) Such oath shall be filed at any time after the first Monday in December of the
year prior to the year in which the election is to be held, but prior to noon on the second
Monday of January of the year in which the election is to be held. The city clerk shall
prescribe the form to be used in administering and filing such oath. No signatures shall
be obtained by a candidate on any nominating petition until he or she has filed the oath
required in this section.
Date Prepared: January 17,2007
Ordinance
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(c) Upon receipt of a written oath from a candidate, the city clerk shall provide the
candidate with petition forms in sufficient numbers to facilitate the gathering of
signatures pursuant to this section. Such forms shall be prescribed by the city clerk.
(d) When a candidate has filed the oath prescribed herein, he or she may begin to
seek signatures on petitions supporting his or her candidacy. Only signatures of
electors who are registered to vote in the city shall be counted toward obtaining the
minimum numbers as prescribed in this subsection. A candidate shall obtain the
signatures of a number of qualified electors equal to at least one percent (1%) of the
total number of registered electors of the city as shown by the registration lists for the
city for the last preceding election.
(e) Each candidate shall submit the petitions for verification to the city clerk no later
than noon of the IO* day preceding the first day of qualifying. The city clerk shall cause
the signatures to be verified as to their status as electors of the city. Upon receipt of
verification from the Supervisor of Elections, the city clerk shall noti each candidate of
the status of his or her petition. If the required number of signatures has been obtained,
the candidate shall, during the time prescribed for qualrfying for office, submit a copy of
such notice and file his or her qualifying papers and oath with the city clerk. The
candidate shall reimburse the city for the cost of verification of the electors' signatures.
(f) For any special election after the date of this ordinance, the City Clerk shall
establish such deadlines for alternatively qualifying as are necessary to comply with the
deadlines established by the Supervisor of Elections.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank
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Date Prepared: January 17,2007
Ordinance
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PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
Jody Bamett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney_share\ORDlNANCESqualifying for election M07.doc
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P CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council Members
THRU:
DATE:
FROM:
Ron Ferris, City Manager
January 11,2007 /
Kara L. Irwin, oth Management Administrator w
SUBJECR Height Charrette
cc: Christine Tatum, City Attorney
Patricia Snider, City Clerk
During the December 7, 2006, City Council meeting, David Barth, of Glatting Jackson,
presented the final report from the Interactive Planning Session that evaluated ‘Height
Issues’ for future development and redevelopment in the City of Palm Beach Gardens. The Interactive Planning Session (Session) was held in the City Council Chambers on
Wednesday, October 25, 2006 and Wednesday, November 1, 2006. David Barth and
Allison Crnic, of Glatting Jackson, facilitated the Session on behalf of the City.
The report for the Charrette documented input from all of the residents present at the
meeting and the facilitator reported on consensus items that were reported during each
of the two evenings. There were several items related and unrelated to height that
repeatedly arose at each meeting that residents reported were important to maintain in
future development and redevelopment. Overall, one of the major consensus points
brought up during the Planning Session involved limitations on strictly residential areas
within the City to low-rise buildings. Many residents were concerned about the
possibility of height waivers allowing high-rise buildings within adjacent residential
areas.
In response to this concern, staff is providing a draft ordinance to the City’s Land Development Regulations (LDRs) that would provide for limits to height waivers for single and multi-family residential buildings in all zoning districts in the City. The City‘s
LDRs only pennit height waivers for residential buildings within Planned Unit
Development (PUD) Overlays and Planned Community District (PCD) Overlays. The amendment prohibits waivers to the height restrictions in excess of 25% of the height
limit where height is measured in feet and no higher than one additional story where height is regulated by numbgr of stones. Residential development within a Mixed-Use
land use designation is currently unable to waive the height restriction according to the
City‘s Comprehensive Plan, which has been verified within the current amendment.
The effects of this proposed amendment are as follows:
Underlying Zoning designation
within Planned Unit Development
(PUD) and Planned Community
Residential Low (RL-1, RL-2, & RL-3)
Residential Medium (RM)
Residential High (RH)
Residential within Mixed-Use
I Maximum
Current Height Limit Waiver I Hei*tw’
4 stories I 4 stories
The proposed LDR text amendment will be presented to City Council during the City
Manager’s Report at the next regularly scheduled City Council meeting on January 18,
2007. Should City Council determine that the proposed legislation is in the best interest
of the residents of the City of Palm Beach Gardens, the following schedule for adoption
is available:
If you have any questions or comments, please contact Christine Tatum, City Attorney at
(561) 799-4138 or myself at (561) 799-4242.
Date Prepared: January 5,2007
ORDINANCE , 2007 1
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AN ORDINANCE OF
BEACH GARDENS,
HEIGHT WAIVERS:
THE CITY COUNCIL OF THE CITY OF PALM
FLORIDA RELATING TO LIMITATIONS ON
AMENDING SECTION 78-158, CODE OF
ORDINANCES, ENTITLED “WAIVERS TO . PLANNED
PROVIDING FOR CODIFICATION; AN] ~OVIDING AN
DEVELOPMENT DISTRICT REGULATIONS”; AMENDING SECTION
BUILDINGS” TO IMPOSE LIMITATIONS ON I .IT WAIVERS;
EFFECTIVE DATE.
78-1 84, CODE OF ORDINANCES, ENTlTLEIk “HEIGHT OF
WHEREAS, on October
conducted two community plannin
for future development within the City; and
regulations, two public workshops
approximately 107 people attende
WHEREAS, the process included res
WHEREAS, approximately October Workshop and
Land Devebnmnn ccomplish this purpose; and
Board at a duly noticed public hearing on
pproval by a vote of - to , and
U
NOW, THE& RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-158, Code of Ordinances, entitled “Waivers to planned
development district regulations” is hereby amended to read as follows:
Date Prepared: January 5,2007
Ordinance ,2007
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Sec. 78-1 58. Waivers to planned development district requirements.
(a) Purpose and intent The purpose and intent of this section are to encourage
applicants for planned development, PUD, and; PCD; approval to propose residential
and nonresidential projects that are innovative, creative, and utilize planning, design,
and architectural concepts that will be of benefit to the city. The use of innovative and
creative techniques and concepts may require one or more waivers to the development
standards applicable to such projects. The city council may grant one or more of the
requested waivers, provided community benefits such a* architectural design,
pedestrian amenities, preservation of lands, provision of
demonstrated.
public parks and open space, or mixed uses which
(b) Waivers permitted. An application for devl
PCD may include a request for waiver of or
Requests for waivers shall comply with tt
purpose of this section, a waiver is defined,
other land development requirement normally1
(c) use of PUDs and PCDs, as providc
the benefits to the city and the pro1 ,
Purpose and intent. The pur-p and inte,,,,
Lrfinrls 78- .1
kdescr -. section are to encourage the
nti 78-155, in order to achieve
those sections.
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(d) Prohibited war
n 2 of article V, establishing the PGA
ts for preservation of environmental
...I - .-..
ment associated with the city's concurrency
blished in division 3 of article 111.
s applicable to planned
by the city council, following
(f) Waivers established. For the purposes of this section, the city council may grant
waivers as indicated in Table 20.
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Date Prepared: January 5,2007
Ordinance ,2007
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Table 20: Waivers to Planned Developments
TABLE INSET:
Lot Coverage, Si:
Height of Bufferir., .I
i BV
J
Ilc J
J la aevcrr
reduction to a PUD or PCD development standard or
A:-? residential use or project shall occur only as
,e owner of a single-family dwelling may apply for a
lopment standards, rather than apply for a waiver. The
an owner or tenant to request a modification without
e associated with an application for a development order
uIul
amendment.
(h) Application. All requests for a waiver shall be submitted in writing and shall
accompany a development application for planned development, PUD, or PCD
approval. Each waiver to planned development requirements or standards utilized in a
development application for approval of a PUD or PCD shall be identified by the
applicant.
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Date Prepared: January 5,2007
Ordinance ,2007
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Criteria. A request for the city council to approve a waiver from one or more of
the standards and requirements applicable to a planned development, PUD, or PCD
shall comply with a majority of the criteria listed below.
The request is consistent with the city's comprehensive plan.
The request is consistent with the purpose and intent of this section.
The request is in support of and furthers the city's goals. alriectives, and policies to
establish development possessing architectural signific , pedestrian amenities
and linkages, employment opportunities, reduction3 rhicle trips, and a sense
in a development
hich other
of place.
The request demonstrates that granting of
that exceeds one or more of the minimur
The request for one or more waivers
minimum standards are exceeded.
.A
The request demonstrates
w
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valuable natural resources,
and recharge areas, and mas4
The request cleam
limited to SUC'
pedestrian "-'
natural resc
techniques.
lands, drainage
nstrate including, but not
no-cc extensions of
f the 4 :ct boundaries, preservation of important
of desiri ' mhitedural, building, and site design P
L' (7
3, and u . A
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are provided to screen adjacent
y on economic reasons.
d potential land uses adjacent to
38 (1 1) The reques., ..strates the development will be in harmony with the general
39 purpose and I -3nt of this section, and that such waiver or waivers will not be
40 injurious to the area involved or otherwise detrimental to the public health, safety,
41 and welfare.
42
43 0) Waiver limitations. All waivers of the heinht of buildinns shall be subiect to the
44 limitations established in Section 78-184 (b).
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Date Prepared: January 5,2007
Ordinance ,2007
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SECTION 3. Section 78-1 84, Code of Ordinances, entitled “Height of Buildings”
is hereby amended to read as follows:
Sec. 78-184. Height of buildings.
(a) Height. A building or structure shall not be erected, constructed, reconstructed, or
altered to exceed the height limits established in the property development regulations
for the applicable zoning district.
/b) Limitations on heiaht waivers for sinaie fa
b.uildinas.
[I) No waiver in excess of 25 Dercent of the h
district mav be armroved for such residentii
than MXD) where heiaht limitations are n A
No waiver in excess of one stow of 1
district mav be amroved for such res.,,
than MXD) where heiaht limitations are n.-
In zonina districts (other tha
feet and stones, no waive
residential buildinas, and in
/2)
13) )itations are measured by both
pav be amroved for such
:eed the heiaht limitation
/4) In MXD zoni
ection shall not apply to church spires;
)uses bnd domes not used for human
sh the purpose they are to serve and shall not
ctions, as defined by the Federal Aviation Administration,
fluor area of the building.
IiA in accordance with applihble federal or state regulations.
L
SECTION 4:Liis Ordinance shall not be construed or held to affect the rights of
any existing building to continue in a use or structlure that may otherwise become a
legal nonconformity as a result of the passage Of this Ordinance or any building
specifically approved by a development order grantbd by the City prior to the effective
date of this Ordinance.
SECTION 5. Codification of this Ordinance is hereby authorized and directed.
5
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Date Prepared: January 5,2007
Ordinance ,2007
SECTION 6. This Ordinance shall become effective immediately upon adoption. 1
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7 and final reading.
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CITY OF PALM BEACH GARDENS FOR A
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Ca
ATTEST:
APPRO1
LEGAL SUM
R, =
1
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Christine P. Tatum, City Attorney 40
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46 47 G:bttorney-share\ORDlNANCESUmposing limitations on height waiversdoc
NST ABSENT
David Levy, Councilmember
RV-
6
Midwestern Countv Studs
Issues/AssumDtions
A. What properties and land use assumptions should be included in
the study? The current study focuses on Callery/Judge, Mecca and
GL/EB. Vavrus is being modeled at only 460+ units for the 4000+
acre tract. No additional development is assumed for Pratt Whitney,
and Florida Research Park is modeled using its approved 6+ million
sf. Other properties are modeled based on their Sector Plan
assumptions.
B. What could this study be used for? The County has several major
processes going in parallel. We are trylng to work with DCA to
address their Comprehensive Plan challenge to the Sector Plan
(Callery/Judge and GL/EB are currently included in the Sector Plan,
however, Mecca is not). (The County believes that adding Mecca into
the Sector Plan may allow us (and DCA) to more comprehensively
and timely address the land use and road issues in the area.) We are
also being formally challenged on the Scripps approval on the Mecca
site and are trylng to determine if we can postpone the challenge as,
by our own approval language, we are required to bring back the
development order and land use for reconsideration. This
reconsideration will have to address what we want to do on the
property and correspondingly what the property may be worth as the
County considers disposinghelling it (or its development rights) in the
future. We are also reviewing the Comprehensive Plan/DRI/Zoning
application for Callery and expect that it will be before the Board of
County Commissioners (BCC) in the next few months. This long
term traffic study is trylng to address the potential impacts of future
land use changes in the area outside of the restrictions of these various
ongoing processes.
C. What density should be on each of the properties? We have been
given a recent traffic study from the developers that shows Callery at
2.5 du/ac while the other properties have 2.0 du/ac (again, with the
exception of Vavrus). The BCC has asked that the 2.0 du/ac be
evaluated for each major property, however, Callery has said they
intend to move forward with the 2.5 density while submitting its
DRVZoning application. We will shortly be amending the
developer’s study in the near future to see what effect the reduction of
Callery to 2.0 ddac may have on the volumes on the surrounding road
network. In total, based on the developer’s assumptions,
approximately 60,000 new residents would be anticipated.
D. What is the appropriate access and road network for the study?
We are assuming no PGA Blvd. west of Beeline Highway, again
based on BCC direction. We show the GLBB access south through
Callery and also east through an existing, primarily built
neighborhood, in the Acreage, west of Seminole Pratt Whitney Road.
Callery is shown using Persimmon and 60th to the east to distribute
traffic. Callery is not showing any connections to the north and south
through Acreage neighborhoods. We did initially evaluate a new
northhouth road (aka “Western Way”) between Southern Boulevard
and the GLEB properties, but it was estimated to carry only a few
thousand vehicles each day, and Seminole Pratt Whitney was not
overloaded in the same general area. We chose not to continue to
evaluate that possibility of a new road in subsequent model runs.
Policy direction and legal interpretations are going to be needed
regarding the GL/EB eastern access, as they are assuming they have
the right to connect into existing Indian Trail roadways, and use those
roads to distribute their traffic. The county’s Comprehensive Plan
does not show any thoroughfares in the area, as the GL/EB properties
currently have low development potential on a per acre basis.
E. What amount of non-residential uses should be placed on each
property? For Callery, it was assumed that the non-residential uses
(almost 4 million SF) would serve the proposed 22,000+ new
residents, as well as a significant number of the 40,000 residents in the
Acreage. For Mecca, it was assumed that it would be a primarily
residential community, with the non-residential component sized to
provide neighborhood services. That same assumption was applied to
GL/EB. The GL/EB assumptions will be adjusted (increased) in
hture runs to see if more traffic can be kept on site.
F. How does the needed road system get funded? Again, previous
BCC direction was that the developers should pay for their impact.
They have been working to put together information showing the road
network that would be needed in this area if their properties were at
the standard rural densities (1 to 10 acres or 1 to 20 acres). They then
propose to compare what road network would be needed to support
higher densities on their properties. They appear to want to address
the differential as their responsibility. Timing of any road
improvements has not been addressed. We have not reviewed the cost
evaluation in detail, but they estimate that the additional thoroughfare
road costs to serve the increased densities may run $75-$100 million.
G. What constraints on the future road system exist? There are two
major SIS roadways in the area - Southern Boulevard and Beeline
Highway. The FDOT has established levels of service for SIS
roadways and has not allowed any deviation from those standards
anywhere in the state that would affect the ultimate level of service on
an SIS facility. (Interim lower levels of service have been approved,
with an accompanying program to restore the level of service in the
fairly near fbture.) Our studies indicate that the ultimate level of
service for at least one segment on each road will not be met (on a
daily basis) when considering the higher densities. Potentially, the
State of Florida would have to consider a waiver of the SIS standards
to allow the higher densities and intensities to be approved. Many
other County and State roads are also projected to fail the current level
of service standards, but the County has the ability to request lower
levels of service (CULLS) through the Comprehensive Plan process.
These projected volumes significantly change the future character of
the area and there is no easy mitigation to help offset the increased
vehicular traffic and expected congestion. The use of mass transit, the
first mitigation strategy usually offered, will not be effective because
of the low densities in the Acreage (0.8 ddac) and the proposed
developments requests(2.0 and 2.5 ddac). If mass transit service is
implemented, it will be expensive to serve the area.
Discussion
Several major policy assumptions and decisions have to be dealt with on
a comprehensive basis. A few of these include:
1. What road network should ultimately be adopted to serve the
area? Should it include Western Way? Should it include PGA
Boulevard west of the Beeline Highway? Various models were
run to determine the impact of having PGA in place west of the
Beeline. East of SR 7 up to 15,000 vehicles divert off Northlake to
use PGA, which also increases the anticipated traffic on the PGA
segment in front of PGA National by a similar amount. (The
numbers jump significantly if increased development is assumed
on Vavrus.) Traffic on Seminole Pratt north of Northlake is also
expected to significantly decrease.
2. What level of congestion on what SIS road segments will be
, accepted (and acceptable) - if any? How should the County, affected
municipalities, the major property owners and area residents work
together to determine what level of impact is acceptable to us in Palm
Beach County? And then, how do we work to sell that vision to the
FDOT or potentially the governor and cabinet?
3. What level of congestion on what thoroughfare road segments will
be accepted (and acceptable)? How should the County, affected
municipalities, the Indian Trail Improvement District, area residents
and the major property owners work together to determine what level
of impact is acceptable to us in Palm Beach County? And then, how
do we work to sell that vision to the Department of Community
Affairs and FDOT?
4. What amount of traffic is acceptable on non-thoroughfare roads?
How do we establish what should be allowed on these roads that, for
the most part, are the maintenance responsibility of the Indian Trail
Improvement District? These include roads such as Hamlin, Temple
and Key Lime. Should the County consider adding these to the
thoroughfare system and ultimately take maintenance responsibility?
I.
5. If the desire is to comprehensively address land use and
transportation in this area, will the separate approval of the Callery
project’s land use, zoning and DRI enable the County to subsequently
and adequately proportion out the land uses, densities and
infrastructure costs to and between the remaining properties - GL, EB
and Mecca (not to mention Vavrus)? If Callery insists on taking the
Comprehensive Plan, DIU and Zoning to the BCC in the next few
months, the Board could either approve the requests, deny them
(which would require a completely new resubmittal for hture
consideration) or postpone the decisions to a later date. And is it
appropriate to comprehensively plan using the existing land use on the
Vans property? If not, what level(s) of development should be
modeled?
6. County staff will incorporate some of the traffic analyses contained
in the Callery traffic study into future reports. The report as submitted
had to incorporate the traffic associated with the Scripps DRI at
Mecca, but the report did not include traffic from GL/EB or
Vavrus(since there is no development approval on those properties)
which makes the study conform to the TPS requirements. However,
that report traffic will never materialize since the Scripps/Mecca DRI
will have to change - thus changing the expected traffic off the site
and in the entire area.
Proiected Traffic Counts
The exercise done by the developers is an interesting one - where they
compared the area road system traffic with(w/) and without(w/o)
extensive development on their properties. An example of key road
segments will give an idea of the differences. (All numbers are daily
numbers.)
Segment
Daily
w/o w/ Capacitv
Southern (Big Blue - Forest Hill) (SIS) 50-55
Persimmon (Sem. Pratt - Royal Palm) 5-10
Okeechobee (SR 7 - Jog) 80-85
Northlake (Coconut - SR 7)
Northlake (SR 7 - Beeline)
PGA (Ryder Cup - Mirasol)
55-60
75-80
25-30
Indiantown (Alexander-Jupiter Farms) 40-45
Seminole Pratt (Okee. - Persimmon) 30-35
Seminole Pratt (Orange - Northlake) 35-40
Hamlin & Temple (w. of Sem. Pratt) 5-10
Seminole Pratt (Northlake - Mecca) 30-35
Coconut (Orange - Northlake) 10-15
Royal Palm (Okee. - Persimmon) 10-15
SR 7 (Roebuck - 60th) 25-30
Beeline (PGA - Sem Pratt ) (SIS) 30-35
Beeline (Haverhill- Turnpike)* (SIS) 70-75
60-65
85-90
20-25
65-70
80-85
25-30
45-50
15-20
55-60
60-65
60-65
10-15
10-15
35-40
35-40
75-80
5 0/64
64
15/33
50
50
33
50
15
50
50
50
15
33
33/50
33/50
64
* if Vams builds PGA west of Beeline Highway, volumes are projected
to increase between 8,000 and 20,000 trips per day on this Beeline
segment (depending on the intensity of development on the Vavrus
property)
Development assumptions used in the model.
GL/EB
Mecca
Callery- Judge
Vavrus
Without
643 du
200 du
387 du
463 du
1693 du
With
12,436 du 175k non-res
3,840 du 2,000k non-res
10,000 du 3,800k non-res
26,739 du 5,97513 non-res
463 du
Action Plan
County staff will be scheduling meetings with the new Secretaries of
DCA and FDOT to discuss the entire process and major policy issues.
The Sector Plan and the SIS Level of Service on Beeline and Southern
will be our initial topics. We have been trying to schedule such a
meeting since November, but the FDOT Secretary has not yet been
appointed. We expect that additional traffic evaluations may be
necessary after those meetings.
A more detailed report on the traffic study will be presented to the Board
of County Commissioners. Staff expects to receive some additional
guidance as to the options to put into the model - including land use and
road network assumptions. The Board of County Commissioners must
decide what to evaluate on Vams and determine if Palm Beach Gardens
should be part of that process. Palm Beach Gardens should determine if
they want the County to look at any particular development plan(s) to see
what
Staff expects that the Callery-Judge TPS traffic study will be judged to
meet concurrency standards and the project will be found acceptable to
move into the zoning approval process. We expect that municipalities
(Royal Palm Beach, Loxahatchee Groves, West Palm Beach and Palm
Beach Gardens) will be interested in reviewing the traffic study and we ~
will be setting up one or more meetings to explain how the study met the
TPS standards in place at the time of its submittal. We understand that
they may be evaluating what their options are if they chose to challenge
the traffic study or any subsequent approval actions by the Board of
County Commissioners.
Elected officials in the municipalities, Indian Trail Improvement District
and County Commissioners should consider how best to address their
respective positions relating to land uses, infrastructure and infrastructure
impact in this area.
I
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3
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day was first observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsail by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the economic
vitality of business areas, and beautify our Community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby
proclaim January 19, 2007 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands; and further, I urge all citizens to plant
trees to gladden the heart and promote the well-being of this and future generations.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the Seal
of the City of Palm Beach Gardens,
Florida, to be affixed on this 1 ~ day of
January in the Year Two Thousand and
Seven.
CITYDFP~MBEACHGARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, City government is the government closest to most citizens, and the one
with the most direct impact upon its residents; and
WHEREAS, the City of Palm Beach Gardens is administered for and by its citizens;
and
WHEREAS, the City of Palm Beach Gardens officials and employees share the
responsibility of informing their residents about public service and its benefits; and
WHEREAS, the Celebrate Your Signature City Day was established to recognize the
essential role played by City government in our lives; and
WHEREAS, this day offers an opportunity to spread the word to all the citizens of
Palm Beach Gardens that they can shape and influence this branch of government
which is closest to them; and
WHEREAS, the elected officials of Palm Beach Gardens have set aside this day to
recognize and honor the efforts of City government.
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim "January 27,
2007, as
CELEBRATE YOUR SIGNATURE CITY DAY
IN WITNESS WHEREOF, I have
her_eunto set my hand andr caused the
Seal of the €ity of Palm each,
Gardens, Florida, to be affixed this
18th Day of January, in the Year Two
Thousa.nd and Beven.
Ray Ellis
From: Jack Doughney
Sent:
To:
Thursday, January 04, 2007 7:58AM
Ray Ellis
Subject: Re: Celebrate Your Signature City Proclamation
Need mayor to read it or clerk
-----Original Message -----
From: Ray Ellis
To: Allyson Maiwurm; Patty Snider
Cc: Stacy Rundle; Ron Ferris; Jack Doughney
Sent: Wed Jan 03 19:15:30 2007
Subject: RE: Celebrate Your Signature City Proclamation
thanks, I will add it to the 1/18 agenda under consent
Ray Ellis
Deputy City Clerk
City Of Palm Beach Gardens
561-799-4195
rellis@pbgfl.com
From: Allyson Maiwurm
Sent: Wed 1/3/2007 5:04 PM
To: Ray Ellis; Patty Snider
Cc: Stacy Rundle; Ron Ferris; Jack Doughney
Subject: Celebrate Your Signature City Proclamation
Ray-
I have attached the proclamation written for the Celebrate your Signature City Day. This
proclamation is to be on the 1/18/07 council meeting agenda. Please contact me if you have
any questions/concerns-thanks so much!
Allyson Maiwurm
Administrative Projects Coordinator
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Work: (561) 799-4199
Fax: (561) 799-4111
Cell: (561) 722-6694
1
Ray Ellis
From:
Sent:
To:
Cc:
Subject:
Allyson Maiwurm
Wednesday, January 03 , 2007 5:05 PM
Ray Ellis; Patty Snider
Stacy Rundle; Ron Ferris; Jack Doughney .
Celebrate Your Signature City Proclamation
Attachments: Proclamation 011807.doc
Ray-
Page 1 of 1
1 have attached the proclamation written for the Celebrate your Signature City Day. This proclamation is to be on
the 1/18/07 council meeting agenda. Please contact me if you have any questions/concerns-thanks so much!
.Jt{{yson .1vlaiwurm
.Jtaministrative 'Projects Coordinator
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Work: (561) 799-4199
Fax: (561) 799-4111
Cell : (561) 722-6694
1/4/2007