HomeMy WebLinkAboutAgenda Council Agenda 051707
City of Palm Beach Gardens
Council Agenda
May 17, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Levy Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 17, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Flag and Certificate Presentation from USMC Corporal Michael Knight, Avionics
Technician, Marines. The flag has flown over Marine Heavy Helicopter Squadron
363 Headquarters in Al Asad, Iraq.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 5) Approve Minutes from April 5, 2007 regular City Council meeting.
b. (Staff Report on Page 11, Resolution on Page 26) Resolution 51, 2007 – Let Us
Vote. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida (the “City”) providing that the dissemination of information concerning
the impacts of this amendment on the citizens of the County and the City is
essential to the health, safety, protection, and welfare of the City and its citizens;
finding that the expenditure of money in support of the proposed amendment to
the Palm Beach County Charter serves a public purpose; and providing an
effective date.
c. (Staff Report on Page 31, Resolution on Page 33) Resolution 52, 2007 –
Vending Contract with Coca-Cola. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a non-exclusive contract for vending
machine services to Florida Coca-Cola Bottling Company; authorizing the Mayor
and City Clerk to execute the contract; and providing an effective date.
d. (Page 102) Proclamation – National Police Week.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 103, Ordinance on Page 150, Resolution on Page 153)
Ordinance 2, 2007 – (2nd reading and adoption) Sunoco Service Station Planned
Unit Development. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; rezoning a parcel of land consisting
approximately of 0.80 acres, generally located at the Southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described herein,
from General Commercial (CG-1) to a Planned Unit Development (PUD) overlay
with underlying General Commercial (CG-1) zoning, to be referred to as the
“Sunoco Service Station”; amending the zoning district map; and providing an
effective date.
Resolution 19, 2007 is a companion item to Ordinance 2, 2007 and will
require Council action.
Resolution 19, 2007 - Sunoco Service Station Planned Unit Development. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and major conditional use for the 0.80-acre parcel of land,
generally located at the Southeast corner of PGA Boulevard and Prosperity Farms
Road, as more particularly described herein, to be referred to as the “Sunoco
Service Station”; allowing the redevelopment of the existing convenience store
with gas sales; providing for waivers; providing for conditions of approval; and
providing an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 162, Ordinance on Page 252) Ordinance 10, 2007 – (2nd
reading and adoption) Employer Sponsored Housing. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to Employer-
Sponsored Housing; creating a new Section 78-193, Code of Ordinances, to be
entitled “Employer-Sponsored Housing"; amending Section 78-751, Code of
Ordinances, entitled “Definitions”; providing for codification; and providing an
effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 257, Resolution on Page 283) Resolution 48, 2007 -
Letter of support for the SFRTA. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida authorizing the Mayor to sign a letter of support for
the South Florida Regional Transportation Authority’s (SFRTA) pursuit of a
dedicated funding source; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 288, Ordinance on Page 290) Ordinance 18, 2007 -
Drought-related water restrictions. An Ordinance of the City Council of the City
of Palm Beach Gardens, Florida relating to drought-related water restrictions;
authorizing the City Manager to implement necessary modifications to the
requirements for landscaping installation during periods of drought; 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
REGULAR MEETING
April 5, 2007
The April 5, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:03 p.m. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and
opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ELECTION:
Resolution 32, 2007 – Declaring results of the Municipal Election. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida, declaring the results of the General
Election held on March 13, 2007; and providing an effective date. Councilmember Jablin
moved approval of Resolution 32, 2007. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote.
Administer Oath of Office: The City Clerk administered the oath of office to David Levy and
Joseph Russo. Mr. Levy and Mr. Russo made comments and expressed their appreciation.
REORGANIZATION:
Appointment of a Temporary Chairman to appoint Mayor – Councilmember Jablin moved to
appoint Joseph Russo as Temporary Chairman. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
Appointment of Mayor – Councilmember Levy moved to appoint Joseph Russo as Mayor.
Councilmember Jablin seconded the motion, which carried by unanimous 5-0 vote.
Appointment of Vice Mayor - Councilmember Jablin moved to appoint David Levy as Vice
Mayor. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Resolution 27, 2007 – Appointment of Mayor and Vice Mayor. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor
for the City; and providing an effective date. Councilmember Jablin moved approval of
Resolution 27, 2007 with the names Joseph R. Russo inserted as Mayor and David Levy
inserted as Vice Mayor. Vice Mayor Levy seconded the motion, which carried by unanimous
5-0 vote.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Russo announced that Appointment of Council to External Boards and Appointment
of Council to Internal Boards would be moved to the end of the meeting; addition under
Announcements/Presentations of a presentation by Police Chief Stepp regarding gangs;
under the Consent Agenda addition of a Proclamation for United States Air Force Band Day;
deletion of Ordinance 12, 2007 and Resolution 28, 2007-Redevelopment of Palm Beach
Gardens High School. Councilmember Jablin moved approval of Additions, Deletions, and
Modifications as read into the record by Mayor Russo. Vice Mayor Levy seconded the
motion, which carried by unanimous 5-0 vote. Mayor Russo made a brief opening report
regarding western development, recommendation for a business plan for the coming year,
challenging everyone to work together. The Mayor asked that he be appointed as a
representative to work with PGA Corridor residents.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 2
ANNOUNCEMENTS / PRESENTATIONS:
Recognition of Willie Sigler’s Retirement - Mr. Sigler’s 40-year service was recognized by
presenting him with a key to the City. Mr. Sigler expressed his thanks.
Fiscal Year 2006 City Annual Audit Report - Bob Feldman from the audit firm of
McGladrey & Pullen indicated the City had a very clean report with no significant items and
the City was in a good financial position.
Gang Activity – Police Chief Stepp provided an overview of the gang situation on the local
level and explained how law enforcement and legislation was dealing with the problem.
WORKSHOP:
Parcel 5B – Applicability of Proposed Height Ordinance to Transit Oriented Development
(TOD) - Brad Wiseman of the Growth Management Department presented a report with
staff’s recommendation to grant a transit oriented designation if specific criteria were met,
by placing an exemption in Ordinance 8, 2007 to encourage transit oriented development.
During discussion by the Council, a full presentation before the City Council on transit
oriented development was requested.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
Councilmember Barnett congratulated Councilmember Valeche on his appointment to the
Executive Board of the League of Cities, wished everyone a happy Passover, happy Easter,
and announced the City’s Easter Egg Hunt to be held on Saturday. Vice Mayor Levy
reported on his visit to Watson B. Duncan Middle School to see the butterfly garden created
to teach children nature, which autistic children had helped build. The Vice Mayor reported
that the Loxahatchee River Coordinating Council had elected new officers. Councilmember
Jablin reported he and Vice Mayor Levy met with Senator Jeff Atwater and discussed
property taxes from the point of view of the homeowner associations and the point of view of
the City. Mayor Russo reported he had attended the Intergovernmental meeting and asked
other Cities to help with western development, and requested staff to keep in contact with
their staff. Mayor Russo reported the County was trying to address the sector plan and
western development, and Commissioner Marcus asked for the City’s support, to which he
had responded the City did not support any change to the Vavrus site and felt more
comfortable supporting the one to ten. Councilmember Jablin made a motion to write a letter
to Commissioner Marcus for one unit on ten acres West of the City’s urban boundary. Vice
Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. Mayor Russo
advised he had received a report from Councilmember Barnett containing serious allegations
and asked for the City Manager’s comments. City Manager Ferris indicated the report
contained allegations regarding him, the labor attorney, and certain City employees, and he
felt his rights had been violated and that the City Manager form of government had been
breached. He felt this had been directed against him for political reasons because he refused
to comply with Ms. Barnett’s demands he take certain actions that were beyond her scope of
duty to request as a member of the City Council. The City Manager reported the facts were
Councilmember Barnett came to his office March 14, asked if his office was bugged,
demanded that he fire Chief Stepp, Chief Bergel, Captain Rogers, and Bob Norton, the City’s
labor attorney, because she had seen a bill from the labor attorney indicating he was
conducting an internal investigation within the Police Department, which she stated was
illegal. City Manager Ferris reported subsequent events regarding this matter, including
items supplied to Ms. Barnett, research done by the City Attorney, and Ms. Barnett’s report
containing serious allegations. Mayor Russo presented the report received at his home for the
public record. The Police Chief reported he had referred the matter to Florida Department of
Law Enforcement, and they had reported no crime had occurred. Fire Chief Bergel stated he
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 3
had served the City for 32 years and was extremely proud of his record and would not let
Councilmember Barnett impugn his record. Councilmember Jablin commented he received
what he believed to be exparte communication via U.S. mail at his home from
Councilmember Barnett, and expressed his opinion that she went outside the chain of
authority, not going through the City Clerk, in order to avoid the City Manager, and her
communication contained allegations about the City Manager. Councilmember Jablin
expressed his opinion this was a violation of the Sunshine Law; that conducting an
investigation on her own without knowledge of the City Council and demanding City
employees be fired constituted a breach of the City’s charter; and commented she had caused
staff to expend thousands of dollars, which he resented. Councilmember Valeche expressed
his opinion this was not the proper forum for this to be discussed and if legal recourse
needed to be taken by any party they should do that. Vice Mayor Levy expressed his opinion
a lot of staff time and money was being expended and he wanted the Council to learn from
this. Mayor Russo expressed his opinion that handling the situation in this way was not good
for anyone. Councilmember Barnett stated she did not violate the Sunshine Law, she did not
believe she stepped outside her boundaries, she did not ask the City Manager to fire anyone,
it came to her attention the City was paying for an employee to be represented in a suit
where the City was not a party, and the labor attorney had attempted to collect twice.
Councilmember Barnett reported she had been advised by Florida Department of Law
Enforcement how to handle the situation; she had made a public records request as any
citizen could do, and reported on the information she had found in e-mails. She felt the City
had not had many lawsuits because employees had been strong-armed by the labor attorney.
Mayor Russo requested someone come to the Council to explain the City charter so this
would not happen in the future. Councilmember Jablin indicated the City had a great staff
and they should not have to work under a cloud. Mayor Russo asked everyone to turn the
page and work together.
COMMENTS FROM THE PUBLIC:
Attorney Peter Sampo defended his partner, Labor Attorney Bob Norton, against the
allegations by Councilmember Barnett. Carolyn Chaplik thanked staff for the 4-way stop at a
dangerous intersection at Legacy Place, commented it was dangerous at Lake Victoria Drive
and Kyoto Drive, and reported the wrong phone number was on signs posted for
development. Roger Blangy, Garden Woods, provided information on the Kyoto Drive
railroad crossing to the City Clerk, and suggested a meeting on the issue, which Mayor
Russo referred to the City Manager because of threatened litigation. City Manager Ferris
commented Mr. Blangy had exhausted all legal avenues, but his office would contact Mr.
Blangy. Eileen Tucker stated the PGA Corridor Coalition would love to meet with the
Mayor, and indicated workforce housing and the train station could be in conflict. Holly
Vath, Buttercup Circle, spoke about a code enforcement problem, provided pictures of other
violations, and requested the City look into how three violations on the way to her house
were overlooked. Richard Baladino reported they had lived here 15 years and were very
pleased with the City’s growth; he had served on many boards while living here; but he and
his wife now were moving to Georgia to be close to their family, and thanked the City for
being a great place to live. Pat Hughey advised April was Victim Awareness Month and
asked the City to include that in their proclamations.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 4
CONSENT AGENDA: Councilmember Jablin moved approval of the Consent Agenda.
Vice Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the
following items were approved on the consent agenda:
a. Approve Minutes from January 18, 2007 regular City Council meeting.
b. Approve Minutes from February 1, 2007 regular City Council meeting.
c. Resolution 40, 2007 - Non-Exclusive Utility Easement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida granting a ten foot
Non-Exclusive Utility Easement within Sandhill Crane Access Park to
Florida Power and Light; and providing an effective date.
d. Resolution 41, 2007 - Work Authorization and Notice to Proceed to
Construction Technology, Inc. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving a Work Authorization and Notice
to Proceed to Construction Technology, Inc. for the demolition of an
abandoned water treatment facility located on Lilac Street; and providing an
effective date.
e. Proclamation – Fair Housing Month.
f. Proclamation – Holocaust Days of Remembrance.
g. Proclamation – National Public Works Week.
h. Proclamation – National Volunteer Week.
i. Proclamation – Water Conservation Month.
j. Proclamation – United States Air Force Band Day.
PUBLIC HEARINGS:
Part I – Quasi-judicial
Mayor Russo described the procedures that would be followed in tonight’s quasi-judicial
proceedings. The City Clerk swore in all those intending to offer testimony in any of
tonight’s cases.
Ordinance 6, 2007 - (2nd Reading and adoption) Divosta PGA/Turtle Beach PUD. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
rezoning; rezoning a parcel of land consisting of 1.01 acres, located on the South side of
PGA Boulevard, approximately 500 feet West of Military Trail and East of PGA Commons
Phase III, as described more particularly herein, from Residential Medium (RM) to Planned
Unit Development (PUD) overlay with an underlying zoning of Professional Office (PO) to
be known as the Divosta PGA/Turtle Beach PUD; providing for revisions to the zoning
district map; and providing an effective date. [Resolution 17, 2007 is a companion item to
Ordinance 6, 2007 and will require Council action.] Resolution 17, 2007 - Divosta
PGA/Turtle Beach PUD. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the site plan and major conditional use for the 1.01-acre parcel
of land located on the South side of PGA Boulevard, approximately 500 feet West of
Military Trail and East of PGA Commons Phase III, as more particularly described herein, to
be referred to as the Divosta PGA/Turtle Beach Planned Unit Development (PUD), to allow
the development of 2,500 square feet of financial institution with drive-through facilities and
2,650 square feet of office use; providing waivers; providing conditions of approval; and
providing an effective date. The City Clerk read Ordinance 6, 2007 on second reading by
title only and Resolution 17, 2007 by title. Mayor Russo declared the public hearing open.
Vice Mayor Levy, Councilmember Valeche, and Councilmember Jablin reported speaking
with John Channing regarding parking lot connectivity. Mayor Russo reported he spoke with
John Channing but did not discuss the case. Donaldson Hearing spoke on behalf of the
petitioner and explained the interconnectivity between the parking areas had been removed
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 5
at the request of the Council, and other modifications had been made which were approved
by the Planning Zoning and Appeals Board. Growth Management Administrator Kara Irwin
advised that staff supported the interconnectivity. Marty Minor, Urban Design Studio,
expressed support for interconnectivity and provided a letter of support from The Garden
Isles homeowners association. Carl Erickson, Magnolia Street, advised that The Garden Isles
homeowners association did not agree with the connectivity. Lois Erickson, Magnolia Street,
thanked the Council for removing the cross access. John Channing, PGA Commons, spoke in
support of interconnectivity, and advised they would close it if there were future problems.
Dan Eagle, employee of Mr. DiVosta, stated they did not want the interconnectivity. Hearing
no further comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin indicated he would like to look at the connectivity. Vice Mayor Levy
supported the project without the connectivity unless a way to change it in the future could
be worked out. Councilmember Barnett and Councilmember Valeche did not approve the
interconnectivity. Councilmember Barnett made a motion to adopt Ordinance 6, 2007 on
second reading by title only. Vice Mayor Levy seconded the motion, which carried by 4-1
vote with Councilmember Jablin opposed. Councilmember Barnett made a motion to
approve Resolution 17, 2007. Vice Mayor Levy seconded the motion, which carried by 4-1
vote with Councilmember Jablin opposed.
Part II – Non-Quasi-judicial
Ordinance 9, 2007 - (2nd reading and adoption) – Alternative method of qualifying for
election. 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. The City Clerk read Ordinance 9, 2007 on second reading by
title only. Mayor Russo declared the public hearing open. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved
adoption of Ordinance 9, 2007 on second reading by title only. Vice Mayor Levy seconded
the motion, which carried by unanimous 5-0 vote.
RESOLUTIONS:
Resolution 43, 2007 - National Incident Management System (NIMS). A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the use of the National
Incident Management System (NIMS) as the municipal standard for Incident Management;
authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the Sheriff of
Palm Beach County for an Urban Area Security Initiative Grant; and providing an effective
date. Councilmember Jablin moved approval of Resolution 43, 2007. Vice Mayor Levy
seconded the motion, which carried by unanimous 5-0 vote.
Council Appointments to External Boards:
Consensus was that councilmembers would stay on the boards on which they currently
served. Councilmember Jablin moved the Council liaisons stay the same as last year for the
external and the internal boards. Vice Mayor Levy seconded the motion, which carried by
unanimous 5-0 vote.
CITY ATTORNEY REPORT:
City Attorney Tatum reported on the City’s continuing work with Royal Palm Beach and
West Palm Beach on the Callery Judge issue.
Vice Mayor Levy indicated he would bring up the matter of requirements to become a Cool
City at a later date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 6
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:59 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR LEVY
____________________________________
COUNCILMEMBER JABLIN
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
City Clerk. All referenced attachments are on file in the City Clerk’s office.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 1, 2007
Meeting Date: May 17, 2007
Resolution 51, 2007
SubjectlAgenda Item: Resolution 51, 2007, providing that the dissemination of
information concerning the impacts of this amendment on the citizens of the county
and the City of Palm Beach Gardens is essential to the health, safety, protection and
welfare of the City and its citizens and finding that the expenditure of money in
support of the proposed amendment to the Palm Beach County Charter serves a
public purpose.
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
Submitted by:
Stacy A. Rundle
Assistant to the City
Manage, @J
Originating Dept.:
Administration
Advertised:
Date:
Paper:
[XI Not Required
Affected parties: NIA
[ ]Notified
[XI Not required
costs: $9
(Total)
$0
Current FY
Funding Source: NIA
[ ]Operating
[ ]Other
Budget Acct.#: NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ]Denied
[ ] Continued to:
Attachments:
Resolution 51, 2007
Letter dated April 17, 2007
from Let Us Vote PAC Chair
Jack McDonald, Mayor of
the Town of Palm Beach
Minutes of the Palm Beach
County League of Cities
(PBCLC) Board of Directors
meeting of March 14, 2007
- Item 6.b.
PBCLC website
Agenda itei
Resolution
for PBG
46,2006
[ ]None
Date Prepared: May 1, 2007
Meeting Date: May 17, 2007
Resolution 51, 2007
BACKGROUND:
A petition is currently being circulated in Palm Beach County to amend the County’s
charter to bring true home rule to the municipalities in Palm Beach County. It is
being facilitated by the Let Us Vote political committee, which is chaired by Palm
Beach Mayor Jack McDonald. The amendment requires that a majority of voters of
Palm Beach County a majority of voters in each municipality voting in a
referendum must approve any amendment to the County’s Charter which transfers or
limits a function, service, power or authority of any municipality. The Palm Beach
County League of Cities’ Board of Directors voted to support the petition drive and
made a financial contribution to the Let Us Vote political committee in the amount of
$5,256.60, which were residual funds returned from the Citizens Protecting Rights
political action committee. The League office will be used as a collection location
for the petitions distributed by the League.
In December, the League also adopted Resolution 06-04, which supports and
endorses the principles of municipal home rule, and objects to any erosion of
municipal home rule authority by action of Palm Beach County. The City supported
the League’s position on municipal home rule and adopted a similar resolution,
Resolution 146, 2006.
Resolution 51,2007, as presented, establishes that the dissemination of information
concerning the impacts of this charter amendment is essential to the health, safety,
protection, and welfare of the City and its citizens and that the expenditure of money
in support of same serves a public purpose. As of May 1, 2007, 17 municipalities
have passed resolutions similar to Resolution 51, 2007 in support of this petition
drive and others were scheduled to do so in May and June.
RECOMMENDATION:
Staff recommends approval of Resolution 51, 2007 as presented.
April 17,2007
The Honorable Joseph Russo
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Dear Mayow: %G
I want to inform you about a petition drive to change the Palm Beach County charter to allow
cities true home rule.
I want to introduce you to our group. We are called Let Us Vote Political Committee and we are
gathering support in the form of resolutions, raising money, and most importantly obtaining
petitions to support Home Rule here in Palm Beach County.
We are in the process of building a website. It will be www.letusvote.info, at that site you will
be able to download the petition, get answers to frequently asked questions, and contact us. In
the meantime, you can download a petition from the Palm Beach County League of Cities site
www . leagueofci ties. com.
You can currently contact us at:
Let Us Vote Political Committee
P.O. Box 3286
Palm Beach, FL 33480
If you have questions, need a copy of a sample resolution, or box of petitions shipped to you,
please contact me at 561-838-5414 and we will work together to improve the Charter.
Than%, you.
Jack McDonald
Town of Palm Beach Mayor
Chair of Let Us Vote Political Committee
EIN is 20-8525121
Pd. Pol. Adv. Paid for by the Let Us Vote Political Committee, P.O. Box 3286, Palm Beach, FL 33480
6. Miscellaneous Business
a. Municipal Election Recap
Mr. Stewart reported on the municipal election results. There was discussion on the ballot
questions in Lake Worth and Riviera Beach.
b. CPR PAC/Distribution of Funds
Mr. Titcomb explained that the Citizens Protecting Rights (CPR) political action committee was
formed to oppose the county’s annexation referendum. The Chair and Treasurer of CPR, Bill
Moss and Walter Maxwell, proposed dissolving the PAC. Upon dissolution, the residual fiii!d<
go to the League of Cities. The League office received and deposited a check in the amount of
$5,256.60.
A new PAC has been formed called Let Us Vote (LUV), chaired by Palm Beach Mayor Jack
McDonald. Its purpose is to put a question on the ballot to change the county’s charter to require
dual referendums. Mr. Titcomb stated that the municipalities are being asked to pass a new round
of resolutions supporting the charter amendment referendum. The new PAC is requesting the
funds returned by CPR. Beth Rawlins of the Florida League of Cities said that upon dissolution
of Let Us Vote, residual funds will be donated to the Florida Institute of Government.
LUV is doing a petition drive to get 60,000 signatures to get the issue on the ballot. Thcy \till
continue to gather signatures even if the County Commission supports putting the issue on the
ballot, pursuing a parallel course.
There was discussion.
Motion by Lisa Tropepe, second by Matty Mattioli, that if it is legal, the League office be
used as a collection location for petitions distributed by the League, and that Ms. Rawlins
will distribute the petitions to the city managers with a time certain to return them. Motion
carried unanimously.
Motion by Mark Hull, second by David Harden to give the Let Us Vote political action
committee the $5,256.60 in residual funds returned from the Citizens Protecting Rights
political action committee.
There was discussion.
Amended motion by Mark Hull, amended second by David Harden to give the Let Us Vote
political action committee half of $5,256.60 in residual funds now, and half in 90 days.
There was discussion.
Motion carried unanimously.
With the arrival of Tony Smith, a quorum was reached. The earlier motions and seconds on the
agenda, minutes, and finance report were ratified and carried unanimously.
The Palm Beach County League of Cities - Make Us Your Home Rule Page Page 2 of 3
Board & Officers
GALA Photos
2007 Member Directory
April-24-2007 Update
Msztm.Gwer.Ad
M.e.eting..M.atr.i.x
Advisory Boards:
- Municipal Meetings
Ever wished to participate on a regional
advisory board, county commitice or sinilar
assigninent? The I-eague of Cities hes a
nurriber of dedicated "seats" ori rrrdiiy pilblic
policy boards. If you have interest in sening,
please send the League a note indicating your
desire to seive. as vyeII as a brief bio of yoursel!
for the file or1 appoiritinenls. CJkk.tisre.to.ge1
bnilcn!.~.,?fc.lias.~.G.~-e
Website Notes:
The Palm Beach Cou:rty Leque of Cities, Iric.'s
website is designed arid rriairitairied by
Executive Direc!or James Titcomb. The
wv~~.leayueofcities.ccm and
;.;v,~v.leaguei?fci:ies.Grg websites are wholl):
osdried by the ?aim Bwdcti Courity League of
Cities inc. Eniire contents copyright(s: 2001-
2006. Any trademarls or rights of other
argartizatians are recog:iized. Any submissisions
Iildy be added solely at the descrelioii dlhe
Palm Beach Cotiniy League cf Cities, Inc. -a
non-profit Florida corporation.
-.*I--
....
Lake Worth Lagoon Symposium - May 16,2007
League Internal Business B, Local [SSLft?F :
......................... Lake Worth LagoQn..Symp.os!!!.m.
at PBAU /Patin Beach Atlantic University)
............................................................................................................................................... Ratified Officers and Board Members for 2007-2008
$Jic,! here for PDF Doc)
The Palm Beach County League of Cities korninaiing Committee proposed the oEcial slate of officers and
board members for the 2007-2GG3 Board o! Directcrs. At its general membership meeting in Boynton Beach on
Aprii X!h, the membership adopted ?he new slate by acc!aimation.
The board as a whole will he sworri in officialiy ori Maf 2311 at the Trjwn of bake Park General tblertibersilip
meeting. The League will celebrate it's new board ai the signature GALA on June 2nd at the Kravis Center.
LET II S VOTE: HQJvl.:IE..RUtE .Pcftit!on.for.dua!.r.~~~~.~~du.m.
Dear Municipal Officials,
Attactied io the liiiited :;tie above, you will fir4 a fpdq copy of a petition beirsg circuinted propnsiriy to alter our
Palm Eeach County Chsrtar to bring true home rule to the municipalities in Palm Beach. This petition drive
began Twsilay. March .I3h in conjunction with inwnicipai elections at SG~C~ municipal polling iocations. At it's
r&mh meeting. the Board d Directois of the Palm Geach League of Citis voted to SiiprJ<Jrt the petitlon drive
aiid I~ava made a smajl fiiiancial contributiori to :iia "Let Us Vote" political acticn ccmmillee (LUV-PAC). The
League is helping to communicate information on the important mre issue of Home Rule. Let Us Vote was
formed to taciii?a?e the citizen initiative. fie Let Us Vote Committee is chaired by Palm Beach Mayor Jack
McDonald. We also have a sample resoliltion for yGur municipality. declaring that the pmoposed chai?er change
Serves 8 public purpose and auttioriziny the use of Filnds and itisserrririatiori of irifoirnation regardirig iiie
change. Contact ocr office for copies of thst or cther infomniion
Featured Goiiernment Links:
Pnlm Beach Cow Lecisl-' u:!\:e Affairs .. Florida Governor Charlie Crist
:vlivFlorid3. - %ate of Florida Official Site - Palm Beach Countv Leaisistive Deiecgtim
Florida State EIections Office Res UItS Palm Beach Counly Government
_I Hourina Council of Palm Beach Cow tai I INKS..,
sun3en tinel Epx
................................................................. B.QGa.Rwto1me.ws
Local TV:
WPTVS
WPECI2
WPBF 25
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Jupiter Couriu Front Page ....................
Hsadlines Nationwide
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 11,203C
Meeting Date: December 21,2006
Resolution 146,2006
SubjectlAgenda Item: Approve a resolution supporting the Palm Beach County League
of Cities’ Municipal Home Rule 06-04 and confirming the City’s commitment to the
principles of Municipal Home Rule.
[ X ] Recommendation to APPROVE I1 Recommendation to DENY -- -
. ~ ~~ ~~
Reviewed by:
City Attorney
Submitted by:
Christine Tatum /
Attorney City cca
Approved by:
f$F/’L
City Maiagd
Originating Dept.:
Councilmernber Hal
Valeche
, ,
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
potified
[ x ] Not required
Costs: $ NIA
(Total)
$N/A
Current FY
Funding Source:
[ ] Operating
[ ]Other
Capital Project
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Palm Beach County
League of Cities
Resolution 06-04
[ ]None
Date Prepared: December 11,2006
Meeting Date: December 21,2006
Resolution 146,2006
BACKGROUND: At its meeting on November 22,2006, the Palm Beach County League
of Cities adopted Resolution 06-04, a copy of which is included in this packet. The
League’s Resolution 06-04 supports and endorses the principles of municipal home rule,
and objects to any erosion of municipal home rule authority by actions of Palm Beach
County. The League has requested that the municipalities adopt a similar resolution to
support the League’s position.
STAFF RECOMMENDATION: Approve Resolution 146,2006 as presented.
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RESOLUTION 146,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA SUPPORTING AND ENDORSING THE
PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES SET
FORTH BELOW TO SUPPORT THE PREMISE THAT THE CITY
SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN ITS
JURISDICTION AND THAT SUCH AUTHORITY SHOULD NOT BE
ERODED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, entitled “Municipalities” and known as
the “Municipal Home Rule Powers Act” provides a broad grant of authority to all
municipalities to enable them to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, Section 2(b), Article VIII, State Constitution, establishes the rights of
municipal government:
Municipalities shall have the governmental, corporate, and
proprietary powers to enable them to conduct municipal
government, perform municipal functions and render municipal
services, and may exercise any power for municipal purposes,
except as otherwise provided by law; and
WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth
in Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has
the power to enact legislation concerning any subject matter upon which the state
legislature may act except for those subjects specifically listed at Section 166.021 (3)(a)-(d);
and
WHEREAS, municipalities are voluntary forms of government and would not exist if
communities had not organized and held special elections in order to create the local form
of government; and
WHEREAS, residents in a community decide to incorporate in order to govern
themselves and to gain a greater degree of control over issues that impact their quality of
life and property interests directly; and
WHEREAS, municipalities represent the form of government which is closest to the
people and therefore many people expressly choose to live within municipalities in order
that their ideas may be heard on a more personal basis; and
WHEREAS, on November 22,2006, the Palm Beach County League of Cities, lnc.
adopted a resolution supporting municipal home rule principles; and
Date Prepared: December 8,2006
Resolution 146,2006
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WHEREAS, the City of Palm Beach Gardens desires to preserve this unique
responsive form of government, wishes to support the Palm Beach County League of
Cities, Inc., and believes it to be in the best interests of its citizens to adopt this Resolution
formally stating its position.
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 of Palm Beach Gardens recognizes that there will be
instances when the legislative actions of Palm Beach County will negatively affect the City
of Palm Beach Gardens and other cities, and negatively affect the cities' municipal home
rule authority. The City urges that in such instances the County should refrain from such
legislative action unless such action is:
A. Approved by the governing body of the municipality or municipalities affected;
or
B. Approved by a majority of the electors within the County and a majority of the
electors within the affected municipality or municipalities.
SECTION 3. The City Council hereby approves the above-stated policy.
SECTION 4. This Resolution shall be forwarded to the Palm Beach County Board of
County Commissioners, the Palm Beach County Administrator, the Palm Beach County
League of Cities, Inc., and the State Senators and Representatives elected from tha
jurisdiction of the City of Palm Beach Gardens.
SECTION 5. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: December 8,2006
Resolution 146.2006
PASSED AND ADOPTED this &lfr day of ayrkv\&bc ,2006.
CITY OF PALM BE H GARDEN FLORIDA /L 2”
ATTEST:
BY:-
Patricia Snider, C C, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
, City Attorney
AYE NAY ABSENT -- VOTE:
MAYOR RUSSO L--
J VICE MAYOR BARNETT ---
L/ COUNCILMEMBER JABLIN ---
4 COUNCILMEMBER LEVY ---
J COUNCILMEMBER VALECHE ---
\\Pbgsfile\Attorneyhttorney-share\RESOLUTlONSViorne rule policies - reso 146 2006.doc
3
RESOLUTION NO. 06-04
A RESOLUTION OF THE PALMBEACH COUNTY LEAGUE OF CITIES, INC.
SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND
ADOPTING THE POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE
THAT ALL MUNICIPALITIES SHOULD HAVE THE AUTHORITY TO
GOVERN WITHIN THEIR JURISDICTION; FURTHER PROVIDING THAI’
SUCH AUTHORITY SHOULD NOT BE ER0DED;PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, Chapter 166, Florida Statutes, entitled “Municipalities” and known as the
“Municipal Home Rule Powers Act” provides a broad grant of authority to all municipalities to
enable them to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of municipal
government by means of language which reads as follows:
Municipalities shall have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government,
perform municipal functions and render municipal services, and may
exercise any power for municipal purposes, except as otherwise
provided by law; and
WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in
Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has the
power to enact legislation concerning any subject matter upon which the state legislature may act
except for those subjects specifically listed at Section 166.021(3)(a)-(d); and
WHEREAS, municipalities are voluntary forms of government and would not exist if
communities had not organized and held special elections in order to create the local form of
government; and
WHEREAS, Residents in a community decide to incorporate in order to govern themselves
and to gain a greater degree of control over issues that impact their quality of life and property
interests directly; and
WHEREAS, municipalities represent the form of government which is closest to the people
and therefore many people expressly choose to live within municipalities in order that tlicir idcas
may be heard on a more personal basis; and
Page 1 of 2
WHEREAS, the Palm Beach County League ofCities, Inc. hereby supports the preservation
of this unique responsive form of government and believes it to be in the best interests of its
members to adopt this Resolution formally stating its position.
NOW, THEREFORE, BE IT RESOLVED by the PALM BEACH COUNTY LEAGUE OF
CITIES, INC as follows:
Section 1 : The Palm Beach County League of Cities, Inc. believes that when issues are
in conflict between Palm Beach County and a municipality or several municipalities, such conflict
should be resolved by the following:
A.
affected; or
B.
Approval by the governing body of the municipality or municipalities
Approval by a majority of the electors within the County and a major,ty of thc
electors within the affected municipality or municipalities.
Section 2: The above stated policy is hereby adopted by the Palm Beach County League
of Cities, Inc.
Section 3: This Resolution shall be forwarded to the Board of County Commissioners,
the Palm Beach County Administrator and the State Senators and Representatives elected %om the
jurisdiction of Palm Beach County, and to any other interested parties.
Section 4:
PASSED AND ADOPTED this 22"d day of November, 2006.
This Resolution shall take effect immediately upon passage.
THE PALM BEACH COUNTY LEAGUE OF
CITIES, INC.
ATTEST:
Carl McKoy, President
(SEAL)
Mo Thornton, SecretaryKreasurer
Y \dorWBC 1-w of Cit~aUccsdutlonM~&brnRdm doc
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF 7
SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND
ADOPTING THE POLICIES SET FORTH BELOW TO SUPPPORT THE
PREMISE THAT THE TOWN SHOULD HAVE THE AUTHORITY TO GOVERN
WITHIN ITS JURISDICTION; FURTHER PROVIDING THAT SUCH
AUTHORITY SHOULD NOT BE ER0DED;PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, Chapter 166, Florida Statutes, entitled “Municipalities” and known as the
“Municipal Home Rule Powers Act” provides a broad grant of authority to all municipalities to
enable them to exercise any power for municipal purposes, except when expressly prohibited by law,
and
WHEREAS, Section 2@), Article VIII, State Constitution, protects the rights of municipal
government by means of language which reads as follows:
Municipalities shall have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government,
perform municipal functions and render municipal services, and may
exercise any power for municipal purposes, except as otherwise
provided by law; and
WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in
Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has the power
to enact legislation concerning any subject matter upon which the state legislature may act except for
those subjects specifically listed at Section 166.021 (3)(a)-(d); and
WHEREAS, municipalities are voluntary forms of government and would not exist if
communities had not organized and held special elections in order to create the local form of
government; and
WHEREAS, Residents in a community decide to incorporate in order to govern themselves
and to gain a greater degree of control over issues that impact their quality of life and propert:’
interests directly, or because the county-wide government is too large and unresponsive to their
particular needs; and
WHEREAS, municipalities represent the form of govemment which is closest to the people
and therefore many people expressly choose to live within municipalities in order that their ideas
Page 1 of 2
may be heard on a more personal basis; and
WHEREAS, a similar resolution was adopted by the Palm Beach County League of Cities,
Inc. on November 22,2006; and
WHEREAS, the Town of desires to preserve this unique responsive form
of government, wishes to support the Palm Beach County League of Cities, Inc. and believes it to be
in the best interests of its citizens to adopt this Resolution formally stating its position.
NOW, THEREFORE, BE IT RESOLVED by the TOWN COUNCIL OF THE TOWN OF
as follows:
Section 1: The Town of believes that when issues are in conflict
between Palm Beach County and a municipality or several municipalities, such conflict should bc
resolved by the following:
A. Approval by the governing body of the municipality or municipalities affected;
or
Approval by a majority of the electors within the County and a majority of the
electors within the affected municipality or municipalities.
B.
Section 2: The above stated policy is hereby adopted by the Town Council of the Town
of
Section 3: This Resolution shall be forwarded to the Board of County Commissioners,
the Palm Beach County Administrator, the Palm Beach County League of Cities, Inc. and the State
Senators and Representatives elected from the jurisdiction of the Town of
Section 4:
PASSED AND ADOPTED this day of , 2006.
This Resolution shall take effect immediately upon passage.
TOWN OF
ATTEST: MAYOR
(SEAL)
TOWN CLERK Y:UocsWBC League of Citi~\Resolutions\HomRule-06.doc
Page 2 of 2
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RESOLUTION 51,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA (THE “CITY”) PROVIDING THAT THE
DISSEMINATION OF INFORMATION CONCERNING THE IMPACTS OF
THIS AMENDMENT ON THE CITIZENS OF THE COUNTY AND THE
CITY IS ESSENTIAL TO THE HEALTH, SAFETY, PROTECTION, AND
WELFARE OF THE CITY AND ITS CITIZENS; FINDING THAT THE
EXPENDITURE OF MONEY IN SUPPORT OF THE PROPOSED
AMENDMENT TO THE PALM BEACH COUNTY CHARTER SERVES A
PUBLIC PURPOSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has proposed certain amendments
to the Palm Beach County Charter (the “Charter”) over the years; and
WHEREAS, pursuant to the Charter, the citizens may also propose changes to the
Charter, which proposed changes must be placed on the ballot for referendum if all criteria
set forth in the Charter have been met; and
WHEREAS, such an amendment is being proposed by the citizens by means of a
petition drive and will be subject to approval by the voters if sufficient signatures are
gathered and if it meets all criteria set forth in the Charter and applicable State Law; and
WHEREAS, the City of Palm Beach Gardens desires that its citizens be fully
informed as to the impact of this proposed amendment; and
WHEREAS, the City Council believes that it is a duty of local democratic
government to assist its citizens in understanding issues of great importance to them by
providing information in order that they may make an informed choice; and
WHEREAS, the City Council believes that such municipal leaders have a duty and a
right to offer their opinion as to which course of action they think would be best for the City
and its citizens, and that such use of their offices is clearly for a public purpose; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: April 25, 2007
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Date Prepared: April 25, 2007
Resolution 51,2007
SECTION 2. The City Council finds that it is necessary and in the public interest of
the citizens of the City of Palm Beach Gardens and the City, and essential to the health,
safety, protection, and welfare of the citizens of the City of Palm Beach Gardens and the
City, for the City to expend public funds and resources, to utilize the time of its employees,
and to utilize its various methods of communication (including, but not limited, to television,
print, and internet communications) in order to educate the public concerning the proposed
referendum question, which is attached hereto as Exhibit “A, and the impact it will have on
the City and its citizens.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: April 25, 2007
Resolution 51, 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 SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
---
---
G:\attorney-share\RESOLUTlONS\County Charter - reso 51 2007.doc
3
Date Prepared: April 25,2007
Resolution 51, 2007
EXHIBIT “A”
PALM BEACH COUNTY CHARTER AMENDMENT PETITION FORM
Under Florida law: it is a first degree misdemeanor to knowingly sign more than once a petition or petitions for a candidate, aminor
political party, or an issue. Such offense is punishable as provided in s. 775.082 or s. 775.083. [Section 104.185, Florida Statutes]
Name Date of Birth
Plcase Print Name as it Appears on Voter Information Card
Residential Street Address
City Zip
I am a registered voter of Palm Beach County and hereby petition the Supervisor of Elections to place the following ballot title,
summary and charter amendment on the ballot in the next election available for such purpose pursuant to Section 6.3 of the Palm
Beach County Charter after final verification of the full number of signatures necessary by the Supervisor of Elections.
BALLOT TITLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting
Municipal Powers or Functions
BALLOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to
rcquirc that a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in
a referendum must approve any amendment to the Charter which transfers or limits a function, service, power
or authority of any municipality in the county?
FULL TEXT OF THE PROPOSED AMENDMENT:
Section 6.3 Home Rule Charter Amendments
(I) Amcndments to this Home Rule Charter may be proposed by the Board of County Commissioners by an
affirmative vote of at least four (4) members, subject to approval by the voters of Palm Beach County in a
referendum. The Home Rule Charter amendment may also be initiated by seven (7) percent of the number
of voters qualified to vote in the last general election, and the initiated amendment shall be presented and
verified in the manner and time set forth in Article V, Section 5.1. The Home Rule Charter amendment so
initiated shall be placed on the ballot on the first Tuesday after the first Monday in November of any year or
in connection with a presidential preference primary occurring at least thirty (30) days after verification. If
approved by a majority of those who voted, the Home Rule Charter amendment shall become effective on
thc date specified in the amendment, or, if not so specified, on January 1 following the election. Each
amendment to this Home Rule Charter shall be limited to a single and independent subject.
(2) Notwithstanding subsection (l), absent the approval of a maiority of the voters of Palm Beach County
voting in a referendum, and the approval of a nia-iority of the voters of each municipality voting in a
referendum, this Charter may not be amended to transfer or limit a function, service, Dower or authoritv of
any municipalitv within the County.
[Note: Language underlined is new language that is proposed to add to the charter.]
DATE OF SIGNATURE SIGNATURE OF REGISTERED VOTER
Pd. Pol. Adv. paid for by the Let Us Vote Political Committee, PO Box 3286, Palm Beach, FL 33480.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 2, 2007
Meeting Date: May 17, 2007
Resolution 52, 2007
Su bjectlAgenda Item: Approve a non-exclusive contract with Florida Coca-Cola
Bottling Company for Vending Machine Services citywide
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
Christine Tatum
City Attorney
Allan Owe&
Department
Administrator
L
City Manager
Originating Dept.:
Charlotte Presensky
Admin Operations
Director
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
costs: $M
(Total)
$N/A
Current FY
Funding Source:
[ ] Operating
[ ]Other
Bud get Acct .# :
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
~
Attach men ts :
*Resolution 52, 2007
*Exhibit A: RFP 2006-
*Exhibit B: Coca-Cola
*Exhibit C: Contract
01 3
Proposal ,
[ ]None
Date Prepared: May 2, 2007
Meeting Date: May 17, 2007
Resolution 52, 2007
BACKGROUND:
A ten-year beverage agreement that the City of Palm Beach Gardens entered into with the
Pepsi-Cola Bottling Company of Ft. Lauderdale-Palm Beach Inc. expired on March 24,
2007. This agreement, titled “Scoreboard Agreement”, gave exclusive rights of soft drink
beverage sales on City property to the Pepsi Company in exchange for services and
funding as outlined in the agreement.
In preparation for the expiration of this agreement, a task team discussed the best
approach for a new contract. The previous contract bound the City and those groups using
City parks and facilities to sell/give away only Pepsi products and to utilize their subsidiary
vending company for vending machine service. Additionally, the contract bound the same
groups to purchasing beverage products from the local bottling company.
Those requirements had proven to be constraining for City staff and groups. To ease the
administration of the contract, the city released Request For Proposal (RFP) 2006-01 3 that
set forth these guidelines:
Agreements for beverage and snacks will be non-exclusive
Contract award could be given to multiple businesses
Contract would be for vending machines only
With the requirements as outlined above, City staff and groups utilizing parks and facilities
would be able to decide which beverage they would like to offer and how to purchase the
supply they require. Additionally, by awarding the contract in this manner, City staff will be
able to eliminate the time necessary to ensure groups comply with an exclusive agreement
such as the previous one entered into by the City.
Two bidders completed the RFP process and properly submitted all of the required
information, Pepsi Americas and Florida Coca-Cola Bottling Company. Each indicated in
their proposals that the City will receive 20% to 40% of the annual gross sales. City
Council approved a contract with Pepsi Americas on May 3,2007. After many discussions,
staff finally negotiated a second contract with Coca-Cola.
STAFF RECOMMENDATION: Approve Resolution 52,2007 as presented.
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RESOLUTION 52,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A NON-EXCLUSIVE
CONTRACT FOR VENDING MACHINE SERVICES TO FLORIDA
COCA-COLA BOTTLING COMPANY; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE CONTRACT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to award a non-exclusive contract to multiple
vendors for the purpose of providing Vending Machine Services; and
WHEREAS, the City issued Request for Proposals No. 2006-013 for Vending
Machine Services citywide, which is attached hereto as Exhibit “A; and
WHEREAS, the City received a qualified proposal from Florida Coca-Cola
Bottling Company, attached hereto as Exhibit “B”; and
WHEREAS, the City Council wishes to award a non-exclusive contract to such
vendor, attached hereto as Exhibit ‘C”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a non-exclusive contract for
Vending Machine Services to Coke, authorizes the Mayor and City Clerk to execute
such contract, and authorizes the City Manager to execute any future renewal Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: May 7, 2007
Date Prepared: May 1, 2007
Resolution 52, 2007
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45 46
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 SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
---
---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT --- d
G:\attorney-share\RESOLUTIONS\coke agmt - reso 52 2007.doc
2
Date Prepared: May 1, 2007
Resolution 52, 2007
EXHIBIT “A”
REQUEST FOR PROPOSALS
I
VENDING MACHINE SERVICES FOR CITY-OWNED
PROP E RTY
RFP # 2006-013
November 13,2006
THE CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA
3341 0
X
1
REQUEST FOR PROPOSALS
RFP # 2006-013
The City of Palm Beach Gardens Council is accepting sealed proposals for the following:
VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
All Requests for Proposals must be received, one (1) original and five (5) copies, at the address
below in the Citv Clerk’s Office, no later than Mondav, December 11, 2006, at 2:OO D.m., at which
time all Requests for Proposals will be publicly opened and read. Receipt of a response by any
City office, receptionist, or personnel other than the City Clerk’s Office does not constitute “receipt”
as required by this solicitation. The City Clerk’s time stamp shall be conclusive as to the timeliness
of receipt.
RFP documents may be obtained at the address below or by calling the City Clerk’s Office at (561)
799-41 21. RFP documents will not be issued unless the request is received at least 24 hours prior
to the opening of the RFP. RFP documents can be downloaded from the City’s website link at:
www. Pbnfl .com/busi ness/rfp/rfp.asp.
Pre-Submittal Conference: Attendance is non-mandatory but highly recommended for those
intending to submit RFP documents. The conference is to be held on Mondav, November 20,
2006. at 2:OO D.m. at the Citv of Palm Beach Gardens Council Chambers, 10500 North Military
Trail, Palm Beach Gardens, Florida 33410.
The RFP Evaluation Committee is scheduled to meet at Citv Hall on Mondav, December 18,
2006, at 2:OO D.m.
All RFP documents are to be sealed when submitted and be delivered or mailed to:
City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the envelope(s) containing the proposal shall be written in large letters:
RFP # 2006-013 for: VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
To Be Opened: December 11,2006, at 2:OO p.m.
The City of Palm Beach Gardens reserves the right to reject any or all proposals, in whole or in part, with or
without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and
terms it deems will best serve the interests of the City. Criteria utilized by the City of Palm Beach Gardens for
determining the most responsible, responsive proposer includes, but are not limited to, cost, whether the
proposer meets the City of Palm Beach Gardens published Scope of Work, the proposer’s experience, skill,
ability, financial capacity, and any other factor which could reasonably be asserted as being relevant to
successful performance. Proposers should anticipate the City may negotiate some or all of the components of
a proposal with one or more of the proposers in order to obtain the lowest negotiated price. The City may elect
to award a Vending Machine Services Contract to more than one (1 ) proposer.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish: Palm Beach Post
Sunday, November 19,2006
Sunday, November 26,2006
2
THE CITY OF PALM BEACH GARDENS
REQUEST FOR PROPOSALS #2006-013
VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
Non-Mandatory Attendance Pre-submittal Conference
to be held at:
The City of Palm Beach Gardens City Hall
Located at
10500 North Military Trail, Palm Beach Gardens, Florida 33410
The Pre-submittal Conference will start with a briefing in the City Hall Council
Chambers followed by a question and answer session.
On:
Monday, November 20, 2006, starting at 2:OO 0.m.
Submittal documents from potential proposers must be received by the City in the City
Clerk’s Office not later than Monday, December 11, 2006, at 2:OO p.m.
For additional information, contact Arthur DeRostaing, Purchasing Agent at (561 ) 804-
701 4.
It’s highly recommended that all potential Proposers attend the non-mandatory (optional)
pre-submittal conference. All potential Proposers are encouraged to arrive no later
than the time indicated.
The purpose of the Pre-Submittal Conference is to provide and solicit information
and comments relative to the service requirements, scope, purpose, nature and
extent of the work, and any local conditions which may affect the work and the
performance expected hereunder. Submission of RFP submittal documents shall
constitute an acknowledgment by the prospective Proposer that helshelit has
thoroughly examined and is familiar with the Invitation to RFP #2006-013. The
failure or neglect of a Proposer to examine the Invitation to RFP #2006-013 shall in
no way relieve himlherlit of any obligation with respect to either hislherlits Proposal
or this Request for Proposals. No claim for additional compensation will be allowed
which is based upon a lack of knowledge of this Invitation to RFP #2006-013.
3
VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
RFP #2006-013
1.0 GENERAL CONDITIONS:
1.1 SEALED RFP RESPONSES:
Original copy of RFP/Bid document and submittal form as well as any other
pertinent documents must be returned in order for a bidder/proposer/contractor to
be considered for award. All BidlRFP responses are subject to the conditions
specified herein and on the attached Special Conditions, Specifications, and
BidlRFP Submittal Form.
The completed Bid/RFP response documents must be submitted in a sealed
envelope clearly marked with the RFP title and number to the City Clerk at 10500
N. Military Trail, Palm Beach Gardens, Florida 33410 and no later than 2:OO Dm.,
Mondav, December 11,2006.
1.2 EXECUTION OF RFP DOCUMENTS:
The BidlRFP documents must contain a manual signature of an authorized
representative in the space provided on the RFP Submittal Form. Failure to
properly sign the RFP documents shall invalidate the same, and it shall NOT be
considered for award. All RFP documents must be completed in pen or be
typewritten. No erasures are permitted. If a correction is necessary, draw a single
line through the entered figure and enter the corrected figure above it. Corrections
must be initialed by the person signing the Bid/RFP documents. Any illegible
entries, pencil responses, or corrections not initialed will not be tabulated. The
original BidlRFP conditions and specifications CANNOT be changed or altered in
any way after submitted to the City.
1.3 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and
extended total, when applicable. In case of discrepancy in computing the amount of
the RFP, the UNIT PRICE quoted will govern. All prices must be F.O.B.
destination, freight prepaid (unless otherwise stated in special conditions). All
applicable discounts are to be given for prompt invoice payments. Award, if made,
will be in accordance with terms and conditions stated herein. Each item must be
proposed separately and no attempt is to be made to tie any item or items in with
any other item or items. Cash or quantity discounts offered will not be a
consideration in determination of award of RFP. All prices quoted shall be
guaranteed for 60 days from RFP/Bid date unless otherwise specified in Special
Conditions.
1.3.1 TAXES:
The City of Palm Beach Gardens is exempt from all Federal Excise and
State taxes. The applicable tax exemption number will be listed on our
Purchase Order.
I .3.2 MISTAKES:
Proposing bidder/proposer/contractors are expected to examine the
specifications and all instructions pertaining to Vending Services for City-
Owned Property. Failure to do so will be at the proposing
bidder’s/proposer’s/ contractor’s risk.
4
1.3.4 RFP CONDITIONS:
The City reserves the right to waive irregularities in this Bid/RFP or to reject
any BidlRFP responses or any part of any Bid/RFP documents deemed
necessary for the best interest of the City.
1.4 EQUIVALENTS:
Proposing bidderlproposerlcontractors shall indicate on Bid/RFP documents ANY
deviation from the specifications as listed. Other-than-specified-items offered
require complete descriptive technical literature marked to indicate detail(s)
conformance with specifications and MUST BE INCLUDED WITH THE Bid/RFP
DOCUMENTS. NO PROPOSAL WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to propose alternate Vending Services for
City-Owned Property, the BidlRFP response will be considered as non-compliant
with the specifications as listed on the attached form.
1.5 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Any Vending Services for
City-Owned Property not conforming to specifications could call the awarded
bidderlproposerl contractor into default. Any increase in agreed-on cost may be
charged back to the awarded bidder/proposer/contractor. Any violation of these
stipulations may also result in the bidder’s/proposer’s/contractor’s name being
removed from the vendor list.
1.6 SAMPLES:
Samples of items and equipment, when required, must be furnished free of
expense, and if not destroyed, will, upon request, be returned at the owner’s
expense. Bidder/proposer/contractor will be responsible for the removal of all
samples furnished within thirty (30) days after the BidlRFP opening. All samples
will be disposed of after thirty (30) days. Each individual sample must be labeled
with the proposer’s/proposer’s/contractor’s name. Failure to either deliver required
samples or to clearly identify samples may be reason for rejection of the Bid/RFP
response.
1.7 INTERPRETATIONS:
Unless otherwise stated in the Bid/RFP, any questions concerning conditions and
specifications should be submitted in writing to Arthur DeRostaing, Purchasing
Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410,
aderostaina@ipbqfl.com, (fax) 561 -799-41 34.
1.8 AWARDS:
The City reserves the right to reject any or all Bid/RFP responses or any portion
thereof deemed necessary in the best interest of the City. All awards made as a
result of this Bid/RFP shall conform to applicable Federal, state and local laws,
rules regulations, codes, ordinances, guidelines and directives.
1.9 RFP OPENING:
Responses to the RFP shall be opened and publicly read in the Citv of Palm
Beach Gardens, Citv Council Chambers, 10500 N. Militarv Trail, Palm Beach
Gardens, Florida 33410 on the date and at the time specified on the RFP Forms.
All responses received after that time shall be returned, unopened.
1.10 INSPECTION, ACCEPTANCE, and TITLE:
Inspection and acceptance will be destination unless otherwise provided. Title to/or
risk of loss or damage to all items shall be the responsibility of the successful
proposing bidder/proposer/contractor until acceptance by the City, unless loss or
5
damage results from negligence by the City. If the Vending Services for City-
Owned Property provided to the City are found not to conform to specifications, the
City reserves the right to cancel the order / contract upon written notice to the
awarded proposer / proposer / contractor and at the awarded proposer’s /
proposer’s / contractor’s expense.
1.11 PAYMENT:
Payment will be made by the City after the City determines that it complies with all
terms and condition of this RFP/Bid and the contract, unless otherwise provided
else where in this bid/RFP and the response thereto accepted by the City of Palm
Beach Gardens.
1.12 DISPUTES:
Any actual or prospective bidder, proposer, offeror, or contractor who is aggrieved
in connection with a solicitation or award of its RFP response or Contract may avail
itself of the City’s purchasing procedures to resolve disputed matters or complaints.
The City Clerk or designee shall post a tabulation of the Bid/RFP results with
intended award recommendations. Posting shall be in the office of the City Clerk
and shall be on display for public viewing. All bidders, proposers, offerors, or
contractors affected by the proposed award of contract will also be notified by the
City’s designated Purchasing Agent at the time of posting, via fax or other means,
of the intended award.
Any actual or prospective proposer, bidder, offeror, or contractor who is aggrieved
in connection with the solicitation or award of contract may file a written protest to
the City Clerk. Protestors shall file their written protests with the City Clerk, Monday
through Friday, between the hours of 8:OO a.m. and 500 p.m. Protests shall
contain the name, address, and phone number of the petitioner, name of
petitioner’s representative (if applicable), and the name and bid number of the
solicitation. The protest shall specifically describe the subject matter, facts giving
rise to the protest, and also the action requested from the City.
The written protest must be received no later than 72 consecutive hours (excluding
Saturdays, Sundays, and legal holidays) from the time of initial posting. Failure to
file a timely formal written protest within the time period specified shall constitute a
waiver by the vendor of all rights of protest under this Bid/RFP/Proposal Protest
Procedure.
In the event of a timely protest, the City shall not proceed further with the
solicitation or with the award of the Bid/RFP/contract until all administrative
remedies have been exhausted or until the City Manager determines that the
award of the Bid/RFP/contract without delay is necessary to protect the public
health, welfare, or safety.
1.13 LEGAL REQUIREMENTS:
Federal, State, County, and City laws, ordinances, codes, rules, regulations,
guidelines, and directives that in any manner affect the items covered herein apply.
Lack of knowledge by the proposing biddedproposerlcontractor will in no way be a
cause for relief from responsibility.
1.14 INDEMNIFICATION:
The parties agree that the contractor for the performance of this agreement shall
represent the specific consideration for the contractor’s indemnification of the City
as set forth in this Section and in the Terms and Conditions.
6
To the fullest extent permitted by laws, rules, codes, ordinances, regulations,
guidelines, directives and regulations, bidderlproposerlcontractor shall indemnify
and hold harmless the City and its consultants, agents, and employees from and
against all claims, damages, losses, and expenses, direct, indirect, or
consequential (including, but not limited to, fees and charges of attorneys and other
professionals and court and arbitration costs) arising out of or resulting from the
performance of the work; provided that any such claim, damage, loss, or expense
(a) is attributable to bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the work itself), including the loss of
use resulting there from, and (b) is caused in whole or in part by any willful or
gross negligent or negligent act or omission of bidderlproposerlcontractor,
any subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by Law, rules, codes,
ordinances, guidelines directives, and regulations regardless of the negligence of
any such party.
In any and all claims against the City or any of their consultants, agents, or
employees by any employee of the proposing contractor, any subcontractor, any
person or organization directly or indirectly employed by any of them to perform or
furnish any of the work or anyone for whose acts any of them may be liable, the
indemnification obligation under the above paragraph shall not be limited in any
way by any limitation on the amount or type of damages, compensation, or benefits
payable by or for proposing bidderlproposerlcontractor or any such subcontractor
or other person or organization under workers’ compensation acts, disability
benefit acts, or other employee benefit acts.
It is the specific intent of the parties hereto that the foregoing indemnification
complies with Florida Statute 725.06 (Chapter 725). It is further the specific intent
and agreement of the parties that all of the Contract Documents on this project are
hereby amended to include the foregoing indemnification and the “Specific
Consideration” therefore.
The official title of the City is “The City of Palm Beach Gardens”. This official title
shall be used in all insurance or other legal documentation. The City of Palm Beach
Gardens is to be included as “Additional Insured” with respect to liability arising out
of operations performed for City by or on behalf of bidderlproposerlcontractor or
acts or omissions of bidderlproposerlcontractor in connection with such operation.
1.15 PATENTS & ROYALTIES:
The proposerlbidderlcontractor, without exception, shall indemnify and save
harmless the City and its employees from liability of any nature or kind, including
cost and expenses for, or on account of, any copyrighted, patented, or unpatented
invention, process, or article manufactured or used in the performance of the
contract, including its use by the City. If the bidderlproposerl contractor use any
design, device, or materials covered by letters, patent, or copyright, it is mutually
understood and agreed, without exception, that the bidlproposal prices shall
include all royalties or cost arising from the use of such design, device, or materials
in any way involved in the work.
1.16 OSHA:
The proposerlbidderlcontractor warrants that the product and services supplied to
the City of Palm Beach Gardens, Florida shall conform in all respects to the
standards set forth in the Occupational Safety and Health Act of 1970, as
amended, and the failure to comply with this condition will be considered as a
7
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder/proposer/contractor responsible
for same.
1.17 SAFETY PRECAUTIONS:
The awarded contractorlbidderlproposer shall, if required, maintain suitable and
sufficient guards and barriers, and at night, suitable and sufficient lighting for the
prevention of accidents and all minimum safety standards required by municipal,
County, State, and Federal laws, rules, regulations, codes, ordinances, directives,
guidelines, and laws shall be strictly met by the bidderlproposerlcontractor.
1.18 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall
have precedence.
1.19 QUALITY:
All materials used such as supplies, equipment, or items covered by this Bid/RFP
shall be clean in appearance and operational. The items specified must be clean
in appearance and operational, unless recycled materials are certified by
bidder/proposer/contractor, the latest model, of the best quality, and highest grade
workmanship.
1.20 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidderslproposerslcontractors are required to enter or go onto City property
to deliver goods or materials or perform work or services as a result of a BidlRFP
award, the successful bidder/proposer/contractor will assume the full duty,
obligation, and expense of obtaining all necessary licenses, permits, and insurance
and assure all work complies with all Palm Beach County and City standards. The
bidder/proposer/contractor shall be liable for any damages or loss to the City
occasioned by negligence of the bidder/proposer/contractor (or agent) or any
person the bidder/proposer/contractor has designated in the completion of the
contract as a result of the proposal of this RFP.
1.21 BlDlPROPOSAL BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF
INSURANCE:
Bid/Proposal Bonds is required in the amount of $500.00 and shall be submitted in
the form of a Cashier’s Check as specified in Special Conditions, Section 2.15.
After acceptance of the Bid/RFP, the City will notify the successful
bidderlproposerlcontractor to submit a certificate of insurance in the amount
specified in Special Conditions, Section 2.1 2.
1.22 DEFAULTlFAlLURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any failure
on the part of the successful bidder/proposer/contractor to accept the award, to
furnish required documents, and/or to fulfill any portion of this contract within the
time stipulated.
Upon default by the successful bidder/proposer/contractor to meet any terms of this
agreement, the City will notify the bidder/proposer/contractor three (3) days
(weekends and holidays excluded) to remedy the default. Failure on the
bidder’s/proposer’s/contractor’s part to correct the default within the required three
(3) days shall result in the contract being terminated and upon the City notifying in
writing the bidder/proposer/contractor of its intentions and the effective date of the
termination. The following shall constitute default:
8
I .23
I .24
1.25
I .26
I .22.1
1.22.2
1.22.3
1.22.4
1.22.5
1.22.6
1.22.7
Failure to perform the work required under the contract andlor within the
time required or failing to use the subcontractors, entities, and personnel
as identified and set forth, and to the degree specified in the contract.
Failure to begin the work under this contract within the time specified.
Failure to perform the work with sufficient workers and equipment, or with
sufficient materials to ensure timely completion.
Neglecting or refusing to remove materials or perform new work where
prior work has been rejected as nonconforming with the terms of the
contract.
Becoming insolvent, being declared bankrupt, or committing act of
bankruptcy or insolvency, or making an assignment that renders the
successful bidderlproposerlcontractor incapable of performing the work in
accordance with and as required by the contract.
Failure to comply with any of the terms of the contract in any material
respect.
Failure to comply with the terms of this BidlRFP, including, but not limited
to, the Special Conditions.
In the event of default of a contract, the successful bidderlproposerlcontractor shall
pay the entire City’s attorney fees and court costs incurred in collecting any
damages. The successful bidderlproposerlcontractor shall pay the City for any and
all costs incurred in ensuring the completion of the project. The above items are in
addition to any other terms and conditions of this bid or RFP as the case may be.
CANCELLATION :
The City reserves the right to cancel this contract by written notice to the
proposerlbidderlcontractor effective the date specified in the notice and the
following will apply:
1.23.1 The proposerlproposerlcontractor is determined by the City to be in breach
of any of the terms and conditions of the contract andlor to have failed to
perform hislher services in a manner satisfactory to the City. In the event
the proposerlbidderlcontractor is found to be in default, the
proposerlbidderlcontractor will be paid for all labor and materials provided
as of the termination date that was satisfactorily performed. No
consideration will be given for anticipated loss of revenue or the canceled
portions of the contract.
1.23.2 The City has determined that such cancellation will be in the best interest
of the City to cancel the contract for its own convenience.
1.23.3 Funds are not available to cover the cost of the services. The City’s
obligation is contingent upon the availability of appropriate funds.
BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall
be submitted in DUPLICATE to Accounts Payable, 10500 N. Military Trail, Palm
Beach Gardens, Florida 33410.
SUBSTITUTIONS:
The City WILL NOT accept substitute specifications of any kind. Awarded
contractor is expected to furnish the services as agreed in its contract once
awarded.
FACILITIES:
The City reserves the right to inspect the bidder’slproposer’slcontractor’s facilities
at any time with prior notice.
9
1.27 RFP TABULATIONS:
Proposing bidderslproposerslcontractors desiring a copy of the BidlRFP tabulation
may request same by enclosing a self-addressed stamped envelope with the
BidlRFP.
1.28 APPLICABLE LAW AND VENUE:
The law of the State of Florida shall govern the contract between the City and the
successful bidderlproposerlcontractor, and any action shall be brought in Palm
Beach County, Florida. In the event of litigation to settle issues arising hereunder,
the prevailing party in such litigation shall be entitled to recover against the other
party its costs and expenses, including reasonable attorney fees, which shall
include any fees and costs attributable to appellate proceedings arising on and of
such litigation.
1.29 CLARIFICATION AND ADDENDA TO RFP SPECIFICATIONS:
If any person contemplating submitting a proposal under this BidlRequest For
Proposal is in doubt as to the true meaning of the specifications or other BidlRFP
documents or any part thereof, the bidderlproposerlcontractor must submit to the
Purchasing Agent at least seven (7) calendar days prior to the scheduled BidlRFP
opening, a request for clarification. All such requests for clarification must be made
in writing, and the person submitting the request will be responsible for its timely
delivery.
Any interpretation of the RFPlBid, if made, will be made only by Addendum duly
issued by the City’s designated Purchasing Agent. The City shall issue an
Informational Addendum if clarification or minimal changes are required. The City
shall issue a Formal Addendum if substantial changes which impact the technical
submission of the BidlRFP are required. A copy of such Addendum will be sent to
each bidderlproposerlcontractor receiving the BidlRFP. In the event of conflict with
the original BidlRFP Documents, the Addendum shall govern all other BidlRFP and
Contract Documents to the extent specified. Subsequent Addenda shall govern
over prior Addenda, only to the extent specified.
1.30 AWARD OF CONTRACT:
1.30.1
1.30.2
1.30.3
1.30.4
A contract may be awarded to the most responsive and responsible
bidderlproposerlcontractor(s) whose proposal(s), conforming to the
BidlRequest for Proposal, is most advantageous to the City. The lowest
responsive and responsible bidder/proposer/contractor(s) will be
determined in conjunction with the method of award which is described in
the Special Conditions. The City reserves the right to make multiple awards
hereunder.
The City shall award a contract to a proposing bidderlproposerlcontractor
through action taken by the City Council or the City Manager.
The General Terms and Conditions, the Special Conditions, the Technical
Specification, and the Contractor’s RFP response are collectively an
integral part of the contract between the City and the successful Vending
Services for City-Owned Property bidder/proposer/contractor.
While the City may determine to award a contract to a contractor(s) under
this BidlRequest for Proposals, said award may be conditional on the
subsequent submission of other documents as specified in the Special
Conditions. The proposing bidderlproposerlcontractor shall be in default of
any conditional award if any of these documents are not submitted in a
timely manner and in the form required by the City. If the
bidder/proposer/contractor is in default, the City, through its designated
Purchasing Agent, will void its acceptance of the
bidder’slproposer’slcontractor’s offer and may determine to select the
10
1.31
1.32
1.33
1.34
1.35
1.30.5
1.30.6
second most responsive and responsible proposing
bidderlproposerlcontractor or re-solicit the BidlRFP. The City may, at its
sole option, seek monetary restitution from the defaulting
bidderlproposerlcontractor as a result of damages or excess costs
sustained and/or may prohibit the bidderlproposerlcontractor from
submitting future BidslRFPs for a period of one (1) year.
The City reserves the right to exercise the option to renew a term contract
of any successful bidderlproposerlcontractor(s) to a subsequent optional
period; provided that such option is stipulated in the Special Conditions and
is contained in any contract ultimately awarded in regard to this RFP.
The City reserves the right to automatically extend any contract for a
maximum period not to exceed ninety (90) calendar days in order to
provide City departments with continual service and supplies while a new
contract is being solicited, evaluated, andlor awarded, provided this is
expressly made a part of any contract awarded in regard to this RFP.
ASSIGNMENT:
The awarded contractor shall not assign, transfer, convey, sublet, or otherwise
dispose of any contract, including any or all of its right, title, or interest therein, or
his or its power to execute such contract to any person, company, or corporation
without prior written consent of the City.
LAWS, PERMITS, AND REGULATIONS:
The awarded bidderlproposerlcontractor shall obtain and pay for all licenses,
permits, and inspection fees required for this project, and shall comply with all laws,
ordinances, and regulations applicable to the work contemplated herein.
OPTIONAL CONTRACT USAGE:
Other State agencies, andlor Governmental Entities in the State of Florida may
purchase from the resulting contract. Bidderslproposerslcontractors shall sell these
commodities or services to the other State agencies andlor Governmental Entities
in the State of Florida at the agencies’ and/or entities’ option.
PUBLIC ENTITY CRIMES:
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a Bidlproposal on a contract to provide any goods or
services to a public entity; may not submit a Bidlproposal on a contract with a
public entity for the construction or repair of a public building or public work; may
not submit bids/proposals on leases of real property to a public entity; and may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity.
CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All
bidders/proposers/contractors must disclose with their proposal the name of any
officer, director, or agent who is also an employee of the City. Further, all
bidderslproposerslcontractors must disclose the name of any City employee who
owns, directly or indirectly, an interest of 5% or more in the bidder’slproposer’sl
contractor’s firm or any of its branches.
If any bidder, proposer, contractor violates or is a party to a violation of the code of
ethics of the State of Florida with respect to this BidlRFP, such
bidderlproposerlcontractor may be disqualified from performing the work described
in this BidlRFP or from furnishing the goods or services for which the RFPlBid is
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1.36
1.37
1.38
submitted and shall be further disqualified from proposinglbidding on any future
RFPlBid for work or for goods or services for the City. A copy of the State Ethics
Codes is available on line at http:llwww.fIsenate.qov.
Proposerlbidderlcontractor certifies that this offer is made without prior
understanding, agreement, or connection with any corporation, firm or person
submitting an offer for the same materials, services, supplies, or equipment and is
in all respects fair and without collusion or fraud.
NON-COLLUSION:
No premiums, rebates, or gratuities are permitted, either with, prior to, or after any
delivery of material or provision of services. Any violation of this provision may
result in the Contract cancellation, return of materials, or discontinuation of services
and the possible removal from the vendorlproposerlproposerlcontractor list(s).
FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this Bid/ RFP becomes the property of the City.
BidlRFP documents may be reviewed by any person ten (10) days after the public
opening. Proposerslbidderslcontractors should take special note of this as it
relates to any proprietary information that might be included in their offer.
Any resulting contract may be reviewed by any person after the contract has been
executed by the City. The City has the right to use any or all informationlmaterial
submitted in response to this BidlRFP proposal andlor any resulting contract from
same. Disqualification of a proposerlproposerlcontractor does not eliminate this
right.
TIED RFPlBlDS - DRUG-FREE WORKPLACE PROGRAMS:
In the event of an identical tied bid or proposal, preference will be given to local
vendors. If none of the vendors are local, preference shall be given to the
business, submitting proof of Drug-Free Work Place (DFW) programs. A public
drawing of lots will be held in the event all apply.
2.0 SPECIAL CONDITIONS:
2.1 PURPOSE:
The purpose of this Request for Proposal (RFP) is to establish a contract for the
provision of Vending Machine Services for City-Owned Property, as and when
needed. The successful Contractor shall be responsible for providing such
services at locations and times specified by the City; shall be completely
responsible for the supervision of such personnel in accordance with contract
specifications and terms and conditions; and shall exercise exclusive control over
persons employed to fulfill these contract requirements, in accordance with the
RFP specifications.
With this Request for Proposal (RFP), the City of Palm Beach Gardens is soliciting
proposals for Vending Machine Services for City-Owned Property in various
locations through out City. Presently there are machines in place at all the sites
providing various drink and food products.
2.2 TERM OF CONTRACT:
The initial contract term shall be five (5) years, commencing approximately
April 1, 2007. The City reserves the right to extend the contract for additional
one (1) three year renewal term, providing both parties agree to the
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2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
extension, all terms, conditions, and specifications remain the same, and
such extension is approved by the City.
METHOD OF AWARD:
Award of this contract may be made to the responsive and responsible
bidderlproposerlcontractor whose proposal is the most advantageous to the City.
CONTACT PERSON:
For any additional information regarding the specifications and requirements of this
RFP/Bid, contact Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail,
Palm Beach Gardens, Florida 3341 0; aderostainq@pbqfl.com; (fax) 561 -799-41 34.
RFPlBlD CLARIFICATION:
Any questions or clarifications concerning this RFP shall be submitted in writing by
mail, email, or facsimile to Arthur DeRostaing, Purchasing Agent, 10500 N. Military
Trail, Palm Beach Gardens, Florida 3341 0; aderostainq@pbqfl.com; (Fax) 561 -
799-41 34.
The RFP titlelnumber shall be referenced on all correspondence. All questions
must be received no later than seven (7) calendar days prior to the scheduled
proposal opening date. All responses to questions / clarifications will be sent to all
prospective bidders/proposers/contractors in the form of an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
LIQUIDATED DAMAGES:
The subsequent Contract between the parties may contain a liquidated
damage clause.
WARRANTIES OR GUARANTEE OF USAGE:
No warranty or guarantee is given or implied as to the total number of vending
machines that will be required as a result of this service contract. The number of
vending machines stated in the RFP specifications is estimates of annual
requirements, based on the City’s current requirements. Actual services will be
requested as needed.
RFP SUBMITTAL:
All proposals submitted shall be completed on your company letter head. All
information and technical requirements are to be acknowledged and accepted as
defined in the Scope of Work / Services. RFPs will be considered “Non-responsive”
if the required information is not submitted by the date and time specified. Before
submitting the RFP response, each proposal shall make all investigations and
examinations necessary to ascertain if any addenda were issued by the City
Clerk’s Office.
LATE RESPONSES:
The City cannot be responsible for RFP documents received after opening time
and encourages early submittal.
EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the RFP Form and shall
reference the section. Any exceptions to the General or Special Conditions shall
be cause for the RFP to be considered non-responsive.
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2.11 NO SUBSTITUTION COMPONENTS:
When NO SUBSTITUTION is used in combination service requirements and
specifications, that named item is the only item that will be accepted by the City of
Palm Beach Gardens.
After the City has evaluated the RFP responses, the bidderlproposerlcontractor
that submits the best value proposal may be required to demonstrate the service
requirements which have been proposed for evaluation by and at no cost to the
City. The purpose of the demonstration is to observe the Vending Services for
City-Owned Property to verify capability, suitability, and adaptability vis-a-vis the
performance requirements stipulated in the proposal. If a demonstration is
required, the City will notify the contractor of such in writing and will specify the
date, time, and location of the demonstration. If the contractor fails to perform the
demonstration on the date stipulated in the notice, the City may elect to reject the
contractor’s proposal or to re-schedule the demonstration, in the City’s best
interest. The City shall be the sole judge of the acceptability of the services in
conformance with the specifications and its decision shall be final.
2.12 INSURANCE:
The Contractor shall provide insurance coverage as follows:
2.12.1 Workers’ Compensation lnsurance to apply for all employees in
compliance with the “Workers’ Compensation Law” of the State of Florida
and all applicable Federal laws. In addition, the policy(ies) must include
Employers’ Liability with limits of one hundred thousand dollars
($100,000.00) each accident, five hundred thousand dollars ($500,000.00)
each disease and one hundred thousand dollars ($1 00,000.00) aggregate
by disease. If the Contractor is not an incorporated entity (i.e., sole
proprietorship / partnership) or leases employees under the alternate
employee laws of the State of Florida, the City shall require a minimum
premium policy meeting the aforementioned requirements even though not
required by the Workers’ compensation laws of the State of Florida. Filed
certificates of exemption forms will not meet these requirements.
2.1 2.2 Comprehensive General Liability with minimum limits of $500,000.00.
Such certificate shall list the City as an additional insured.
NOTE: If Comprehensive General Liability limits are less than
$500,000.00, the sum of Comprehensive General Liability limits and
Excess Liability limits must equal no less than $500,000.00.
2.12.3 Automobile Liability with minimum limits of $1,000,000.00 each
occurrence.
The required insurance coverage is to be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the minimum
rating of B+ or better, in accordance with the latest edition of A.M. Best’s Insurance
Guide. This insurance shall be documented in certificates of insurance which
provides that the City of Palm Beach Gardens shall be notified at least thirty (30)
days in advance of cancellation, non-renewal, or adverse change. Receipt of
Certificates or other documentation of insurance or policies or copies of policies by
the City or by any of its representatives, which indicate less coverage than is
required, does not constitute a waiver of bidder’s/proposer’s/ contractor’s obligation
to fulfill the insurance requirements herein.
The successful proposer/proposer/contractor must submit, no later than ten (1 0)
days after the award and prior to the commencement of any work, a Certificate of
Insurance naming the City of Palm Beach Gardens as an additional insured. New
certificates of insurance are to be provided to the City at least fifteen (1 5) days prior
to coverage renewals.
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2.13 RECORDS, AUDITS:
The Contractor shall maintain during the term of the contract all books of account,
receipt invoices, reports, and records in accordance with generally- accepted
accounting practices, principals and standards. The Contractor shall maintain and
make available such records and files for the duration of the contract and retain
them beyond the last day of the contract term for the period of two (2) years
thereafter or longer if required by law.
2.14 UNIT COST PER LOCATlONlSlTE RATE:
The unit cost per location/site rate quoted shall be for any and all additional work
as specified herein and shall include full compensation for labor, equipment use,
and any other cost to the proposer. This rate is assumed to be at straight-time for
all labor.
2.15 REFERENCES:
Each proposal must be accompanied with a minimum of five (5) references with a
minimum of three (3) years experience providing vending machine services for
facilities, which shall include the name of company and / or governmental entity, a
contact person and telephone number. Local references are preferred, as the City
reserves the right to visit each reference submitted. It is the responsibility of the
proposer to ascertain that the contact person will be responsive. NO PROPOSAL
WILL BE CONSIDERED WITHOUT THIS LIST.
2.16 COMPLETE PROJECT REQUIRED:
These specifications describe the various items or services of work required,
enumerating or defining the extent of same necessary, but failure to list any items
or services under scope of the several sections shall not relieve the proposer from
furnishing, maintaining or performing such work where required by any part of
these specifications, or necessary to the satisfactory completion of the contract.
2.17 PROPOSER QUALIFICATIONS:
In order for proposals to be considered, proposers must submit with their proposal,
evidence that they are qualified to satisfactorily perform the specified work.
Evidence shall include all information necessary to certify that the proposer;
maintains a permanent place of business; has technical knowledge and practical
experience in the type of equipment and materials required in this scope of work;
have available the organization and qualified manpower to do the work; has
adequate financial status to meet the financial obligations incident to the work; has
not had just or proper claims pending against him or his work; and has serviced
similar type, size and complexity of vending machine services. The evidence will
consist of listing the similar vending machine service contracts, for the last five (5)
years.
A list of equipment and specific number of qualified manpower available to perform
work if awarded contract must be submitted with proposal. The equipment list shall
be up-to-date and include brands and model numbers.
2.18 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Proposal Form and shall
reference the section. Any exceptions to the General or Special Conditions shall
be cause for the proposal to be considered non-responsive.
2.19 COMPLETE INFORMATION REQUIRED ON PROPOSAL FORM:
All proposals must be submitted with the attached RFP Submittal Forms and all
blanks filled in. To be considered a valid proposal, the ORIGINAL AND FIVE
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COPIES of the Proposal and RFP Submittal Forms must be returned, properly
completed, in a sealed envelope as outlined in the first paragraph of the General
Conditions.
2.20 DOCUMENTS REQUIRED WITH SUBMITTAL:
0 Equipment/Machine/Vehicle Lists
0 QualificationlPersonnel Lists
References/Service Contract ExperiencelQuestionnaire
Proposer Profile and Qualifications
Insurance Certificate(s), License(s), and Permit(s)
Letter of Transmittal I List of Selling Prices for Both Staff and Public Sales I
Defined Refund Policy
List of available products for vending sales
3.0 SCOPE OF THE WORK / SERVICES:
3.1 PERFORM AN C E SPEC IF I CAT1 0 N S :
The purpose of this RFP is to establish a contract for the furnishing of all vending
machines, related drinkknack re-sale products, and operating expertise in order to
provide Vending Machine Services for City-Owned Property.
All specifications as detailed herein shall be acceptable minimums unless
specifically otherwise stated. The concessionaire must:
Guarantee freshness of beverage and snack products
Keep vending machines maintained to an optimal condition
Replenish food and beverage products as necessitated by public
and City staff consumption (Reference Sections 3.3, 3.4, and 2.21).
The City will contract with a Concessionaire to allow the placement of Vending
Machines in various locations within the City of Palm Beach Gardens. The Vending
Machine Services contractor (Concessionaire) shall pay the City a percentaqe of
gross annual receiDts from the vendinq machine(s) placed within any City buildinq
or location by the contractor durinq the term of the aareement (Reference Section
2.21 ).
Beyond the requirements herein provided, no guarantee can be made of the
anticipated gross sales for this location, nor is there any intention on the part of the
City to propose to any Contractor any guarantee or minimum dollar volume in the
future. Nor will the City be amenable to the consideration of any such proposal,
which may be submitted by the Contractor.
3.2 CURRENT VENDING MACHINE LOCATIONS:
Concessionaire shall place vending machines in only those locations designated by
authorized City of Palm Beach Gardens personnel. The following is a list of these
locations; however, the City reserves the right to add to or subtract from the total
number of machines in place at any given time, and the same criteria shall apply to
all machine placements and/or replacements as may apply under this agreement.
Concessionaire shall not change the physical location of any vending machine in
any manner form the specific location(s) designated and approved without the prior
written consent of the City’s authorized representative. ALL PROSPECTIVE
PROPOSERSlOFFERORS ARE ENCOURAGED TO TOUR THE VARIOUS
VENDING MACHINE LOCATION SITES:
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0 Burns Road Recreation Center located at 4404 Burns Road
Riverside Center located at 101 70 Riverside Drive
Tennis Center located at 51 10 11 7'h Court N.
City Hall located at 10500 North Military Trail
Golf Clubhouse located at 11401 Northlake Blvd. property
Golf Maintenance Barn located at 11401 Northlake Blvd. property
0 Various Park Locations throughout the City: Parks Bldg, Gardens Park,
Mirasol Park, Lake Catherine Sports complex, and PGA National Park.
Public Works Complex located at 3704 Burns Road
Police Department Located at 10500 N. Military Trail
PBGFR Station #1 located at 10500 N. Military Trail
PBGFR Station #2 located at 11 025 Campus Drive
0
0
PBGFR Station #3 located at 51 61 Northlake Blvd.
PBGFR Station #4 located at 11 264 Jog Road
PBGFR Station #5 located at 391 3 Hood Road
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3.3 GROSS RECEIPTS REPORT:
The Concessionaire shall maintain a separate record for each vending machine.
“Staff Only” vending machines are to be provided at lower dispensing prices than
“Public” vending machines. The City may, at its option, have a representative
accompany Concessionaire’s personnel on their service calls to restock, service,
etc. Concessionaire shall make and present gross receipts reports each month to
the City’s authorized representative on or before the tenth of each month
covering all appropriate receipts for the full, immediate prior month. “Gross
receipts from vending machine(s)” shall be construed to include all moneys
received from vending machines, except sales tax revenues. Payments shall be
computed monthly and be delivered by the Concessionaire, along with a gross
receipts report as defined herein, to:
City of Palm Beach Gardens
Attn: Charlotte Presensky, Recreation Director (561 -662-2345)
4404 Burns Road
Palm Beach Gardens, Florida 3341 0
These reports shall be prepared and delivered on or before the tenth day of each
succeeding month. The City of Palm Beach Gardens shall have the right to make
periodic audits and inspections of Concessionaire’s records of gross receipts at
any reasonable time without notice. Such audit may include, and is not limited to,
inventory control at all applicable locations, vending food service personnel
accounting controls, methods of recording, checking and reporting sales, route
and internal control of cash handling, internal audit, accounting and cash
collection, commission statements, etc.
3.4 ADDITIONAL I SPECIFIC SERVICE REQUIREMENTS:
I All vending machines provided will include properly installed and functioning,
sealed transaction counters. The awarded vending machine contractor will
provide the cooDeration necessary during the removal Deriod of existinq
eauiDment / machines and installation of the new vendina eauiDment / machines.
I During normal working hours, the City may request an inspection of any or all
vending machines. Contractor or its representative shall open and permit the City
or its designee to count the amount of money in any or all machines at the
facility. The City will give a minimum of four hours notice for this inspection.
1 The City or its designee may audit, examine, and copy all books, records, and
information relating to the operation of vending machines in City Facilities.
I Contractor shall be responsible for all damages to the City of Palm Beach
Gardens property resulting from the Contractor’s operation, which shall be
promptly repaired by the Contractor at the Contractor’s sole expense. Contractor
shall obtain written approval from the City before making repairs.
I All equipment shall operate on regular wall voltage - 11 0 VAC. All plugs shall
be three pronged, properly grounded. Energy efficient units should be used by
the Contractor wherever possible. All outside vending machines will be caged
and stocked with no chocolate products.
I It is anticipated City personnel will not need to move any of the machines;
however, in the event of an emergency or need, City reserves the right to move
any unit in response to resolution of a problem.
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I Contractor shall provide and be responsible for the installation and
maintenance of all vending machines and bill changing equipment. The City shall
not be responsible for any loss or damage to the Contractor’s equipment,
products, or money from any cause, including, but not limited to, fire, flood,
vandalism, or theft. The City shall not be required to purchase any liability or
property insurance covering the Contractor’s equipment, products, or money.
I Contractor shall not operate, or permit to be operated by Contractor’s
employees, any other business of any kind, or any other vending units, other
than as specified herein, unless approved in writing by the City prior to
im plementation.
I Should it become necessary for the City of Palm Beach Gardens to
discontinue operation of any facility for any reason, that portion of this contract
serving that facility shall become null and void.
I CONTRACTOR SHALL SUBMIT WITH PROPOSAL A PLANNED LIST OF
BEVERAGES AND FOOD TO BE SOLD FROM VENDING MACHINES AND
THE ITEMS’ SELLING PRICES FOR BOTH PUBLIC AND STAFF ONLY.
PROPOSALS RECEIVED WITHOUT THE LIST OF PROPOSED ITEMS AND
SELLING PRICES WILL BE REJECTED.
I Contractor shall obtain in advance the written approval of the City before
deleting any item, selling any other item, or increasing the selling prices of any
items. Price increases will only be considered after Contractor has provided
proper evidence of increases in Contractor cost for these items.
I The City reserves the right to periodically inspect the vended merchandise and
to require the Contactor to suspend the dispensing of any items that do not meet
the standards as set forth herein.
1 During the period of the Contract, vending machines are subject to sanitary
inspections. Failure to meet sanitary standards could result in termination of the
Contract.
I Each machine location must provide information to the customer where
malfunctions, product quality comments, and refund requests may be made. This
may be accomplished using a local or toll-free number or by collect call
privileges. Upon completion of installations, Concessionaire shall provide a list of
all its equipment and all locations of said equipment, to the City, and certify that
each unit is in proper working order in accordance with original equipment
manufacturer’s specifications, including any/all electrical and/or plumbing
connections, drainage, stability, etc., as is appropriate to the unit. Contractor
shall be responsible for all refunds. A uniform system of refunding money,
acceptable to the City, must be in operation at all times. Example -
Contractor must provide a workable system for refunding money to customers
who insert money in a vending machine and, through malfunction of the vending
machine, receive no product or money in return. The Contractor’s defined
policy must be submitted with your proposal.
I Contractor shall submit with bid manufacturer’s literature, picturing and
describing the vending machines Contractor proposes to furnish. All materials or
equipment furnished shall meet the minimum requirements of the Occupational
Safety and Health Standard (OSHA) published in the Federal Register.
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I The City of Palm Beach Gardens shall provide the space utilized by the
vending machine(s) and all necessary utilities. The City will allow the Contractor
free access to the installed vending machines during normal City working hours.
Access during other hours may be arranged, with prior written consent, by the
Public Works Department, Facilities Division. The City accepts no responsibility
for the machine, use of the machine, installation, maintenance, repairs or
operation of the machine or the products contained in the machine. The City of
Palm Beach Gardens will not assert a cost for the space used by the machine
nor such utilities as may be needed to operate the machines and expects that
factor to be considered in the commission rate.
I Contractor shall comply with all the requirements of all local, state, and federal
ordinances, codes, laws, rules, regulations, and directives. Contractor shall pay
all legally required fees, licenses, and permits, and pay all taxes, including, but
not limited to, sales tax. The awarded Contractor is to have active all applicable
licenses and permits during the term of the Agreement.
1 Contractor shall have trained competent repairpersons available within one
business day to make repairs on the vending machines as necessary. If
Contractor does not respond to service calls for inoperative machines within
twenty-four hours, machines are not maintained and kept in working order or a
malfunctioning machine is not replaced or repaired within two business days by
the Contractor, then the City may obtain repair services on the market, and the
Contractor will reimburse the City for all costs incurred.
I Personnel employed by the Contractor shall wear uniforms, and Contractor’s
vehicles shall be clearly marked.
I Contractor shall hold the City harmless for any damages resulting from the
consumption of products delivered under this Contract, when damages are
attributed to foreign materials or other defects in productslservices delivered by
Contractor.
I The City reserves the right to increase the number of vending machines
without change in the percentage of commissions to be paid to the City.
4.0 EVALUATION AND AWARD CONSIDERATIONS
4.1 EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all proposals received based on the RFP specifications.
Proposals shall be evaluated to determine which Proposal best meets the needs of
the City based on the RFP evaluation criteria stated herein. Award will be based
on certain objective and subjective considerations, including, but not necessarily
limited to:
Qualifications of Proposer / Contractor’s ability to perform contract, quality
assurance programs, employment policies / benefits, training programs, etc. -
Time frames to install / replace / service vending machines - 15%
References and related experience in the City of Palm Beach Gardens - 10%
Insurance) - 15%
Quality of equipment provided -1 5%
Amount of percentage of the gross sales of products to be paid to the City -
15%
Financial resources and capabilities (Include Licenses, Permits, Proof of
15%
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Variety and quality of product proposed - 15%
100% Maximum Points
SELECTION PROCESS
Proposals received by submittal deadline will be reviewed by the Purchasing
Department to determine if each Proposer has submitted the required information.
Those Proposal(s) found to be non-responsive shall be rejected from further
consideration.
Responsive Proposals shall be referred to the Selection Committee for evaluation.
The Selection Committee Members shall independently review and score every
Proposal in its entirety and shall meet as a group to discuss award
recommendation.
The scoring will be based on all factor(s) as identified in the Evaluation Criteria,
and all other pertinent data submitted. A grand total score shall be computed by the
adding each Selection Committee Members score together. The firm with the
highest grand total shall be the award recommendation. Award(s), if any, will be
based on both an objective and subjective comparison of proposals and Proposers.
The City's decisions will be final.
Successful proposer awarded shall ensure that proper and sufficient staff,
equipment, organization, etc. will be provided for this contract to meet the
specifications denoted herein at a paramount level.
5.0 INSTRUCTIONS TO PROPOSERS I REQUIREMENTS OF PROPOSAL:
5.1 INSTRUCTIONS:
All proposals must be submitted as specified on the proposal pages which follow.
Any attachments must be clearly identified. To be considered, the Proposer must
respond to all parts of the RFP. Any other information thought to be relevant, but
not applicable to the enumerated categories, should be provided as an appendix to
the proposal(s). If publications are supplied by the Proposer to respond to a
requirement, the response should include reference to the document number and
page number. This will provide quick reference for the evaluation committee.
Proposals not providing this reference will be considered to have no reference
material included in the additional documents.
All questions are to be answered in full, without exception. If copies of other
documents will answer the question completely, they may be attached and clearly
labeled. If additional space is needed, additional pages may be attached and
clearly labeled.
The City of Palm Beach gardens shall be entitled to contact each and every
personkompany listed in response to this questionnaire. The proposer, by
completing this questionnaire, expressly agrees that any information concerning
the proposer in possession of said entities may be made available to the City.
Only complete and accurate information shall be provided by the proposer. The
proposer hereby warrants that, to the best of its knowledge and belief, the
responses contained herein are true, accurate, and complete. The proposer also
acknowledges that the City is relying on the truth and accuracy of the responses
contained herein. If it is later discovered that any material information given in
response to a questions was provided by the proposer, knowing it was false, it shall
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constitute grounds for immediate disqualification, termination, or rescission by the
City of any subsequent agreement between the City and the proposer.
If there are any questions concerning the completion of this form, the proposer is
encouraged to contact Arthur DeRostaing, Purchasing Agent / facsimile: (561 ) 799-
41 34 or e-mail: aderostainq@Dbqfl.com
The proposal must name all persons or entities interested in the proposal as
principals. The proposal must declare that it is made without collusion with any
other person or entity submitting a proposal pursuant to this RFP.
Pre-Submittal Conference: Attendance is non-mandatory for those intending to
submit RFP documents. The conference is to be held on Monday, November 20,
2006, at 2:OO p.m. at the City of Palm Beach Gardens Council Chambers,
10500 North Military Trail, Palm Beach Gardens, Florida 33410.
All proposals must be received by the City Clerk’s Office on Friday, December 11,
2006, at 2:OO p.m. as specified in this RFP.
All proposals to be addressed to:
City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
5.2 PROPOSERS ARE TO USE THE FOLLOWING FORMAT:
Letter of Transmittal: This letter will summarize in a brief and concise manner, the
proposer’s understanding of the Scope of Work, available equipment, and
references, including bank references, contact names, addresses, and phone
numbers. An official authorized to negotiate for the proposer must sign the Letter of
Transmittal. The letters should not exceed one page in length.
Organizational Profile and Qualifications: This section of the proposal must
describe the proposer, including the size, range of activities, etc. Each proposer
must be authorized to do business in the State of Florida and, if a corporation must
be incorporated under the laws of one of the states of the United States, proof of
same must be provided. The proposer must emphasize its expertise in, and
experience with similar programs. The proposal must identify the primary
individuals responsible for supervising the work. The proposer shall provide the
City with the resumes of the primary individuals.
RFP #2006-013 Submittal Forms are to be filled out in their entirety.
Additional Data: Any additional information, which the proposer considers pertinent
for consideration should be included in a separate section of the proposal. The
proposal shall be signed by a representative who is authorized to contractually bind
the Contractor. PROPOSERS MUST SUBMIT ONE (1) IDENTIFIED ORIGINAL
RFP DOCUMENT, PLUS FIVE (5) COPIES OF THE RFP, INCLUDING ANY
ATTACHMENTS. THESE REQUIREMENTS TOTAL SIX (6) COPIES OF YOUR
PROPOSAL.
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RFP #2006-013
SUBMITTAL FORM
VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
The below signed hereby agrees to furnish the following services at the terms and conditions stated.
The undersigned agrees the right of the City to hold all Proposers to RFP guarantees for a period not
to exceed one hundred twenty (120) days after the date of RFP opening stated in the Request for
Proposals #2006-013. The undersigned accepts the invoicing and payment policies. Subject to all
instructions, conditions, specifications addenda, legal advertisement, and conditions contained in this
RFP. I have read all attachments, including the specifications, and fully understand what is required.
By submitting this signed proposal, I will accept a contract if approved by the City of Palm Beach
Gardens, and such acceptance covers all terms, conditions, and specifications of this proposal.
Proposal submitted by:
Name (printed) Title:
Company: (Legal registered)
Address:
City: State: Zip Code:
Telephone No: Fax No:
Tax ID Number: Number of Employees:
PricinglDelivery Information:
The percentage of gross sales to be paid to the City shall be firm for the entire contract, including renewals,
regardless of the cost of vending items.
NOTE: Do not quote a range of percentages. RFP’S quoting a range of commission percentages instead of
a single fixed percentage will be rejected. Proposers shall quote a commission rate, payable to the City of
Palm Beach Gardens in accordance with the above requirements and specifications. No charges to the City
will be considered.
Contractor offers to pav over to the Citv the followincl percentacle of its annual clross sales, after sales taxes
have been deducted, as commission to provide Vendincl Machine Services to the Citv as specified herein:
PERCENTAGE OF ANNUAL GROSS SALES TO BE PAID TO THE CITY WITH ADVERTISING FEES
INCLUDED: Yo
PERCENTAGE OF ANNUAL GROSS SALES TO BE PAID TO THE CITY WITHOUT ADVERTISING
FEES: YO
Does your firm offer upfront annual payment for the right to vending services? If so, Please define:
MAINTENANCE RESPONSE TIME:
MACHINE REPLACEMENT TIME: (Should this become necessary).
Proposer shall supply a full list of available products complete with a list of proposed charges for
each item. Diversity of snack and drink products is required with specific control per each service
location in the City of Palm Beach Gardens.
Define in detail your “Refund Policy”:
24
SERVICE REQUIREMENTS OF THE CONTRACT VENDOR:
Vendor shall provide Vending Machine Services as specified herein.
Vendor shall provide timely and complete snack and beverage vending mac.... le
services as specified.
Vendor shall ensure adequate personnel to provide specified levels of service.
Vendor shall work with the City of Palm Beach Gardens personnel to ensure
satisfactory service.
Vendor shall hold unit prices firm throughout Contract initial term (three years).
Vendor shall perform criminal background check its employees performing vending
machine services on the City of Palm Beach Gardens properties when requested.
Vendor guarantees response time necessary to have a crew return to correct
unfinished or unsatisfactory vending machine services.
YES 0 NO 0
YES [
YES [
YES [
YES
YES
- H rs
No 0
No 0
No 0
NO
NO
****SIGNATURE PAGE TO FOLLOW****
25
VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
RFP #2006-013
SIGNATURE PAGE
Dated this day of I
(Month) (Year)
(Signatu re) (Print name)
Address:
Telephone: ( ) Fax:( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By : I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Taxpayer Identification Number (TINIEIN):
State Under Which Corporation Was Chartered:
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer: (Print Name)
CORPORATE SEAL
Attest By:
Secretary
26
The following individuals are the designated contacts assigned to the City of Palm Beach
Gardens:
REGULAR WORK HOURS:
Name:
Telephone: (-) Fax: (-)
E-mail address:
AFTER WORK HOURS, WEEKENDS, AND HOLIDAYS:
Name:
Add ress :
Telephone: (-)
27
REFERENCES
As specified in the Special Conditions of this RFP Document, Proposers are to present
the details of a minimum of five (5) references of similar work. (Additional references
may be submitted on a separate sheet)
COMPANY NAME, ADDRESS, CITY, STATE, ZIP
PHONE & FAX NUMBER
Company Name:
Add res :
Contact Name:
Phone: Fax:
Company Name:
Contact Name:
Phone: Fax:
Company Name:
Contact Name:
Phone: Fax:
Company Name:
Contact Name:
Phone: Fax:
28
SERVICE CONTRACTS EXPERIENCE
As specified in the Special Conditions of this RFP Document, Proposers are to present the
details of service contract experience. It is mandatory that all service contracts for
governmental entities be included. (Additional contracts may be submitted on a separate
sheet in this format)
CONTRACTING COMPANY NAME, ADDRESS, CITY,
STATE, ZIP
DATE OF CONTRACT, LOCATION AND
BRIEF DESCRIPTION OF WORK
PHONE & FAX NUMBER PERFORMED
1. Company Name: 1.
Address:
Contact Name:
Phone: Fax:
1
2. Company Name: I 2m
Contact Name:
Phone: Fax:
I 3-
I 3. Company Name:
Contact Name:
Phone: Fax:
I 4. Company Name: I 4.
Contact Name:
Phone: Fax:
29
LIST OF EQUIPMENT I MACHINES AVAILABLE
FOR THIS CONTRACT
List all equipmentlvehicles and the employee experience, which will be dedicated to the
Vending Machine Services at the facilities as listed in this RFP document. (Additional
equipmentlvehicles may be submitted on a separate sheet in this format)
I I I I
EQUIPMENT I VENDING NUMBER
MACHlN ES AVAILABLE
EMPLOYEES & EXPERIENCE
ASSIGNED TO MAINTAIN THIS
2.
3.
4.
5.
6.
7.
8.
9.
IO.
Total number of current employees your firm will utilize for this
Con tract.
Will Your Company Hire Additional Permanent Employees for this YES NO
Contract?
30
QUESTIONNAIRE
Proposer’s Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation, answer this:
When Incorporated:
In what State:
If Foreian Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President’s Name:
Vice President’s Name:
Treasurer’s Name:
Members of Board of Directors:
If a Partnership:
Date of Organization:
General or Limited Partnership*:
Name and Address of Each Partner:
Name Address
1.
3.
31
*Designate general partners in Limited Partnership
1. Number of years of relevant experience in operating similar business:-
2. Have any similar agreements held by proposer for similar services to be proposed ever
been canceled?
If yes, give details on a separate sheet.
3. Has the proposer or any principals of the applicant organization failed to qualify as a
responsible proposer, refused to enter into a contract after an award has been made, failed
to complete a contract during the past five (5) years, or been declared to be in default in
any contract in the last five (5) years?
If yes, please explain:
4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under
Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary.
5. Person or persons interested in the proposal and Questionnaire Form (have)
(have not) been convicted by a Federal, State, County or Municipal Court of any
violation of law, other than traffic violations. To include stockholders over ten percent
(1 0%). (Strike out inappropriate words).
Explain any convictions on a separate sheet.
6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals
with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five years:
C. List any criminal violations and/or convictions of the proposer and/or any of its
principals:
7. Conflicts of Interest. The following relationships are the only potential, actual or perceived
conflicts of interest in connection with this proposal: (If none, so state).
32
The proposer understands that information contained in this Questionnaire will be relied upon by
the City of Palm Beach Gardens in awarding the proposed Agreement and such information is
warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional
information, prior to acceptance of any proposal relating to the qualifications of the proposer, as
may be required by the City Manager.
The proposer further understands that the information contained in this questionnaire may be
confirmed through a background investigation conducted by the Palm Beach Sheriff's Department.
By submitting this questionnaire, the proposer agrees to cooperate with this investigation, including,
but not necessarily limited to fingerprinting and providing information for credit check.
I certify that the information and responses provided on this Questionnaire are true, accurate, and
complete. The City of Palm Beach Gardens or its representatives may contact any entity or
reference listed in this Questionnaire. Each entity or reference may make any information
concerning the Contractor available to the City.
Dated J 20-
By: I
Address:
(Signature) (Print name)
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By: I
(Signature) (Print name)
Add ress :
Telephone: ( ) Fax: ( )
Taxpayer Identification Number (TINIEIN):
33
State Under Which Corporation Was Chartered:
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer:
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
34
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more Proposals which are equal with respect to price, quality, and service are received by the City
for the procurement of Vending Machine Services for City-Owned Property, a Proposal received
from a business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. Established procedures for processing tie Proposals will be
followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-
free workplace program, a business shall:
1.
2.
3.
4.
5.
6.
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
Give each employee engaged in providing these Vending Services for City-Owned Property
that are under Proposal a copy of the statement specified in subsection (1).
In the statement specified in subsection (l), notify the employees that, as a condition of
working on the Vending Services for City-Owned Property that are under Proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
Make a good-faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certifv that this firm complies fully with the above
requirements.
Corporation's Name:
Signature:
Print Name:
E-Mail address:
Fax Number:
35
YES- NO- 1.
YES- NO- 2.
YES- NO- 3.
YES- NO- 4.
YES- NO- 5.
YES- NO- 6.
YES- NO- 7.
YES- NO- 8.
YES- NO- 9.
YES- NO-10.
YES- NO-11,
PROPOSAL CHECK LIST
Copy of appropriate and current license(s) and permit(s)
Proof of ability to obtain insurance
Letter of Transmittal I List of proposed selling prices for both public
and “Staff Only” sales I Defined refund policy
RFP Submittal Form, Service Requirements, and Questionnaire are
signed by authorized representative
Vendor Representative Contact information
References with Phone & Fax Numbers
Service Contracts Experience with Phone & Fax Numbers
Vending Machine@) I Vehicle(s) List I Proposed Vending Products List
RFP package prepared with one original and five copies
Signed “Drug-Free Workplace” document
Include all additional supporting documentation.
The blank spaces in the RFP Submittal Form must be filled in, and no change shall be made
either in the phraseology of or in the items mentioned in the RFP Submittal and
Questionnaire Forms. A vendor must propose on complete sections of this RFP. Any RFP
containing a “NO BID” or no response in any portion of a section will not be considered for
that section.
36
City of Palm Beach Gardens
Title: VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY * RFP #2006-013
It shall be the responsibilitv of the proposer to review site conditions alonq with RFP documents to determine those
materials, equipment. and work that are necessary to completelmaintain the vendinq machine services.
The followinn questions I reauests have been presented at the non-mandatorv Dre-submittal
conference held November 20.2006:
Addendum #I
1. Please clarify question #5 I page 25 of the RFP #2006-013: “Vendor shall hold unit prices
throughout Contract initial term (three years).
Answer: Please disreaard I delete this auestion. The auestion is re-phrased to state:
”Vendor shall hold firm the fee Dercentaae(s1 throuahout the initial term (five vears).
Please select your response to this revised question - Yes No -.
2. Please clarify Section 1.4 I Equivalents
Answer: The awarded contractor is to provide the contracted services as proposed and in
accordance to the agreed service specifications.
3. Please clarify Section 1.3 I “All Prices Quoted ...”
Answer: All prices auoted shall be firm for 60 davs durina the me-contract award I evaluation
process.
4. Will there be binding sales of specific products to other organizations affiliated to the City?
Answer: No
5. Explain ‘I.., With Advertising Fees Included ...” and “...Without Advertising Fees included ...”
(Submittal Form - pg. 24).
Answer: Postina of brand names on the vendina machines defines the advertisina aseect. It’s
expected to receive a hiaher Dercentaae of fees returned to the Citv with brand name advertising
versus without the advertisinq.
6. Reference Section 3.3 (2nd paragraph - 1“ sentence). Is it possible to deliver reports on the 15th
day of each succeeding month?
Answer: Yes
7. Correcting “The initial te rm... commencing approximately April 1, my (Section 2.2 - pg. 12)
Answer: Herebv corrected to read April 1,2007.
Signature of Proposer Acknowledging Receipt of Addendum #I
City of Palm Beach Gardens
Arthur DeRostaing, CPPB
Date Prepared: May 1, 2007
Resolution 52. 2007
EXHIBIT “B”
a COCA-COLA ENTERPRISES company 6553 Garden Road
Riviera Beach. FL 33404
January 25,2007
Mr. Arthur DeRostaing
Purchasing Agent
City of Palm Beach Gardens
10500 N. Military Trail '
Palm Beach Gardens, Florida 33410
Subject: RFP #2006-013 / Vending Machine Services- Final & Best Offer
Dear Mr. DeRostaing:
The Florida Coca-Cola Bottling Company would like to thank you for the opportunity
to provide a final and best offer in accordance with RFP #2006-013. We are going to
keep everything the same as indicated in the original RFP.
If you have any questions please contact Steve Dechert at 561-882-121 1. Thank you.
StevJDechert
Cold Drink Manager
CITY OF PALM BEACH GARDENS
COMMUNITY SERVICES DEPARTMENT
PHONE (561) 804-7014 FAX (561) 799-4134
10500 N. MILITARY TRAIL- PALM BEACH GARDENS, FLORDIA 33410-4698
January 22,2007
Mr. Stephen C. Dechert
Cold Drink District Sales Manager
Florida Coca-Cola Bottling Company
6553 Gardens Road
Riveria Beach, Florida 33404
Subject: RFP #2006-013 I Vending Machine Services - FINAL & BEST OFFER
Dear Mr. Dechert:
The City of Palm Beach Gardens wishes to extend the opportunity, to
both Pepsi Americas and Florida Coca-Cola Bottling Company, to provide a final
and best offer in accordance with RFP #2006-013. Please be advised of the
City’s intention to multi-award this vending machine services contract. Actual
vending machine locations will be determined in coordination with Charlotte
Presensky and Mark Wilson.
Submit the authorized final and best offer to my attention, on your
In the meantime, please COG me directly at 561-804-7014 if you have
respective firm’s letterhead, by Wednesday, January 31, 2007.
\
any additional questions. Thank you.
Since rely,
Arthur “Dino” DeRostaing, CPPB
Purchasing Agent
cc: Charlotte Presensky, Recreation Director
Mark Wilson, Superintendent Facilities Maintenance
File
REQUEST FOR PROPOSALS
VENDING MACHINE SERVICES FOR CITY-OWNED
PROPERTY
RFP# 2006-013
DECEMBER 11,2006
THE CITY OF PALM BEACH GARDENS
FLORIDA COCA-COLA BOTTLING COMPANY
City of Palm Beach Gardens
Title: VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY RFP #2006-013
It shall De tho resuonsibilitv of tho proUoser to r&vle&! site conditions aiani] with RFP documents to determine those
materials auutpment. and work that are necessaw to cmpieto/maintain tlic vcrdina niachina services
The following questions I requests have been presented at the non-mandatory pre-submittal
conference held November 20.2006:
Addendum #l
1. Please clarify question #5 I page 25 of the RFP #2006-013: “Vendor shall hold unit prices
throughout Contract Initial term (three years).
Answer: Please disreqard I delete this question. The question is re-phrased to state:
”Vendor shall hold firm the fee percentaqe(s1 throuqhout the initial term (five years).
Please select your response to this revised question - Yes Ai No-.
2. Please clarify Section 1.4 I Equivalents
Answer: The awarded contractor is to provide the contracted services as proposed and in
accordance to the aqreed service specifications.
3. Please clarify Section 1.3 I “All Prices Quoted ...”
Answer: All prices quoted shall be firm for 60 days durinq the precontract award / evaluation
process.
4. Will there be binding sales of specific products to other organizations affiliated to the City?
Answer: No
5. Explain ‘I... With Advertising Fees Included ...” and “...Without Advertising Fees included...”
(Submittal Form - pg. 24).
Answer: Posting of brand names on the vending machines defines the ad,vertislng aspect. It’s
expected to receive a hlgher percentage of fees returned to the Clty with brand name advertislng
versus without the advertislng,
6. Reference Section 3.3 (Zd paragraph - 1.‘ sentence). is It possible to deliver reports on the 15th
day of each succeeding month?
Answer: Yes
7. Correcting “The Initial te rm... commencing approximately April 1,2008” (Section 2.2 - pg. 12)
Answer: Hereby corrected to read April 1.2007.
. . . . . .. .. . .. .. .... .. . ......... __ . . . .. .. .. .. . ... .... .. ... .. ...
Clty of Palm Beach Gardens
Arthur DeRostalng, CPPB
RFP #2006-013
SUBMITTAL FORM
VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
The below signed hereby agrees to furnish the following services at the terms and conditions stated.
The undersigned agrees the right of the City to hold all Proposers to RFP guarantees for a period not
to exceed one hundred twenty (120) days after the date of RFP opening stated In the Request for
Proposals #2006-013. The undersigned accepts the invoicing and payment policies. Subject to all
instructions, conditions, specifications addenda, legal advertisement, and conditions contained in this
RFP. I have read all attachments, Including the specifications, and fully understand what is required.
By submitting this signed proposal, I will accept a contract if approved by the City of Palm Beach
Gardens, and such acceptance covers all terms, conditions, and specifications of this proposal.
Tax ID Number,fjq -DAqb 030 Number of Employees: 3 10
PricinglDelivery Information:
The percentage of gross sales to be paid to the City shall be firm for the entire contract, including renewals,
regardless of the cost of vending items.
NOTE: Do not quote a range of percentages. RFP'S quoting a range of commission percentages instead of
a single fixed percentage will be rejected. Proposers shall quote a cornmission rate, payable to the City of
Palm Beach Gardens in accordance with the above requirements and specifications. No charges to the City
will be considered.
Contractor offers to WY over to the Citv the followina Dercentaae of its annual aross sales, after sales taxes
have been deducted, as commission to orovide Vendina Machine Services to the Citv as specified herein:
PERCENTAG QF ANNUAL GROSS SALES TO BE PAID TO THE CITY WITH ADVERTISING FEES
INCLUDED: &%
PERC T GE OF ANNUAL GROSS SALES TO BE PAID TO THE CITY WITHOUT ADVERTISING
FEES:%&) %
Does your firm offer ual payment for the right to vending services? If so, Please define:
I >L/- 3[ hfi
MAINTENANCE RESPONSE TIME: a) I <
MACHINE REPLACEMENT TIME:
Proposer shall supply a full list of available products complete with a list of proposed charges for
each item. Diversity of snack and drink products is required with specific control per each service
locatlon in the Citv of Palm Beach Gardens.
(Should this become necessary).
I
Define in detail your "Refund Policy":
SERVICE REQUIREMENTS OF THE CONTRACT VENDOR:
Vendor shall provide Vending Machine Services as specified herein. YES NO [3
Vendor shall provide timely and complete snack and beverage ve ding machine
services as specified. (-~JU-EX+L ~&-@==-, 0 0 3 J
YES i] NO 1
Vendor shall ensure adequate personnel to provide specified levels of service.
Vendor shall work with the City of Palm Beach Gardens personnel to ensure
satisfactory service.
Vendor shall hold unit prices firm throughout Contract initial term (three years).
Vendor shall perform criminal background check its employees performing vending
machine services on the City of Palm Beach Gardens properties when requested.
Vendor guarantees response time necessary to have a crew return to correct
unfinished or unsatisfactory vending machine services.
YES 1 NO 0
YES NO 0
****SIGNATURE PAGE TO FOLLOW****
25
VENDING MACHINE SERVICES FOR CITY-OWNED PROPERTY
RFP #2006-013
SIGNATURE
@! / PAGE2ab ,
(Month) (Year)
Dated this I IT' dayof
By: I
(Signature) (Print name)
Add res s :
~~~~~~
Telephone: ( ) Fax:( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By : I
(Print name)
Taxpayer Identification Number (TINIEIN): 030
State Under Which Corporation Was Chartered: J9/
nu (Print Name) -
CORPORATE SEAL
Attest By:
Secretary
26
..
The following individuals are the designated contacts assigned to the City of Palm Beach
Gardens:
REGULAR WORK HOURS:
AFTER WORK HOURS, WEEKENDS, AND HOLIDAYS: c
/i
Name:
Address:
Telephone: &,xJ& a -6Ki3 PL, 33wy
27
REFERENCES
As specified in the Special Conditions of this RFP Document, Proposers are to present
the details of a minimum of five (5) references of similar work. (Additional references
may be submitted on a separate sheet)
COMPANY NAME, ADDRESS, CITY, STATE, ZIP
28
SERVICE CONTRACTS EXPERIENCE
As specified in the Special Conditions of this RFP Document, Proposers are to present the
details of service contract experience. It is mandatory that all service contracts for
governmental entities be included. (Additional contracts may be submitted on a separate
sheet in this format)
29
LIST OF EQUIPMENT I MACHINES AVAILABLE
FOR THIS CONTRACT
List all equipmentlvehlcles and the employee experience, which will be dedicated to the
Vending Machine Services at the facilities as listed in this RFP document. (Additional
equipmentlvehicles may be submitted on a separate sheet in this format) 1 EQUIPMENT / VENDING NUMBER EMPLOYEES ((I EXPERIENCE
MACHINES AVAILABLE ASSIGNED TO MAINTAIN THIS
5.
6.
I I
10. 1
/
Total number of current employees your firm will utilize for this
Contract.
Will Your Company Hire Additional Permanent Employees for this YES NO
Contract?
30
Vending Service Agreement from Coca-Cola
Enterprises Inc.
20 oz brands Public Price Staff Price Commission
Coca-Cola
Diet Coke
Sprite
Sprite Zero
Vault
Coca-Cola Zero
Minute Maid Lemonade
Nestea Iced Tea
Dasani Water
Fanta Orange
Fanta Grape
Fanta Apple
Fanta Strawberry
Fanta Pineapple
Barqs Root Beer
Caffeine Free Diet Coke
Diet Coke with Lime
Black Cherry Vanilla
Non Carbonated Beverages
Powerade Brands
Orange
Mountain Blast
Fruit Punch
Lemon-Lime
Grape
Energy Drinks
Full Throttle
Full Throttle Sugar Free
Coolah
Blue Demon
Rockstar
Rockstar Juiced
$1.00 $1.00 40%
$1.50
$2.00
$1.50
$2.00
40%
40%
Equipment
Royal
RVCC - 804
w - 37”
H - 79”
D - 34”
I20 volt - 15 a
No plumbing reqi
CAPAC IT1 ES
2002 ,- bottles - 402
Changer fund - $34.00
State of the art technology allows changing of
prices without opening machine.
nps.
ired.
Official Representative:
Individual
F-pJCircle One)
orporation
If a CorDoration, answer this:
When Incorporated:
In what State: ITjLUMtY
If Foreian Comoration:
Date of Registration with
Florida Secretary of State:
I Name of Resident Agent:
Address of Resident Agent:
F4wmkWs Name: e&--
Vice %@- res1 ent's Name:
Treasurer's Name:
Members of Board of Directors:
trnb'h+ -
If a Partnershitx
Date of Organization:
General or Limited Partnership*:
Name and Address of Each Partner: - Name Address
1.
2.
3.
31
'Designate general partners in Limited Partnership
1.
2.
3.
4.
5.
6.
7.
Number of years of relevant experience in operating similar business:&O Be& 6
-
Have any similar agreements held by proposer for similar services to be proposed ever
been canceled?
Yes( 1 No w
If yes, give details on a separate sheet.
Has the proposer or any principals of the applicant organization failed to qualify as a
responsible proposer, refused to enter into a contract after an award has been made, failed
to complete a contract during the past five (5) years, or been declared to be in default in
any contract in the last five (5) years? nA If yes, please explain:
Has the proposer or any of its phncipals ever been declared bankrupt or reorganized under
A )$I Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, bciron'taken, and any other explanation deemed
necessary.
Person or persons interested in the proposal and Questionnaire Form (UsW
(have not) been convicted by a Federal, State, County or Municipal Court of any
violation of law, other than traffic violations. To include stockholders over ten percent
(10%). (Strike out inappropriate words).
Explain any convictions on a separate sheet.
Lawsuits (any) pending or completed involving the corporation, partnership or individuals
with more than ten percent (10%) interest:
Ulk A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five years:
C. List any criminal violations and/or convictions of the proposer and/or any of its
principals:
Conflicts of Interest. The foll'owing relationships are the only potential, actual or perceived
conflicts of interest in connection with this proposal: (If none, so state).
32
The proposer understands that information contained in this Questionnaire will be relied upon by
the City of Palm Beach Gardens in awarding the proposed Agreement and such information is
warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional
information, prior to acceptance of any proposal relating to the qualifications of the proposer, as
may be required by the City Manager.
The proposer further understands that the information contained in this questionnaire may be
confirmed through a background investigation conducted by the Palm Beach Sheriffs Department.
By submitting this questionnaire, the proposer agrees to cooperate with this investigation, including,
but not necessarily limited to fingerprinting and providing information for credit check.
I certify that the information and responses provided on this Questionnaire are true, accurate, and
complete. The City of Palm Beach Gardens or its representatives may contact any entity or
reference listed in this Questionnaire. Each entity or reference may make any information
concerning the Contractor available to the City.
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
(Print name)
By: I
Taxpayer Identification Number (TINIEIN): 021y hd3D
33
State Under Which Corporation Was Chartered:
CORPORATE SEAL
Attest By mcl/
34
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more Proposals which are equal with respect to price, quality, and service are received by the City
for the procurement of Vending Machine Services for City-Owned Property, a Proposal received
from a business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. Established procedures for processing tie Proposals will be
followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-
free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing these Vending Services for City-Owned Property
that are under Proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (I), notify the employees that, as a condition of
working on the Vending Services for City-Owned Property that are under Proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation In a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good-faith effort to continue to maintain a .drug-free workplace through
implementation of this section.
35
Ce rt i f i cat e of Registration
FLORIDA COCA-COLA BOTTLING COMPANY
COCA COLA ENTERPRISES INC
6553 GARDEN RD
RlVlERA BEACH FL 33404-6303
DRwI1
R. 01/06
has met the sales and use tax registration requirements for the business location stated above and is authorized to collect and mmit
tax as required by Florida law. This certificate is non-transferable.
POST THIS CERTIFICATE IN A CONSPICUOUS PLACE ..
0711 0/97 60-801 2440635-5
f \ A
08/01/97 MONTHLY
\
THIS IS YOUR SALES & USE TAX CERTIFICATE OF REGISTRATION
(DETACH AND POST IN A CONSPICUOUS PLACE)
REFER TO THE BACK OF THIS SECTION FOR
SPECIFIC INFORMATION REGARDING YOUR
COUNTY'S TAX RATES. 1 THIS IS YOUR ANNUAL RESALE CERTIFICATE FOR SALES TAX
Note: New dealers who register after mid-October. are issued annual resale
certificates that expire on December 31 of the following year.
These certificates are valid immediately.
DR-11R. R. IN5
DR-13 I 2006 Florida Annual Resale Certificate for Sales Tax I R. 01106
~
THIS CERTIFICATE EXPIRES ON DECEMBER 31,2006
Business Name and Location Address
FLORIDA COCA-COLA BOTTLING COMPANY
COCA COLA ENTERPRISES INC
6553 GARDEN RD
RlVlERA BEACH FL 33404-6303
Registration Effective Date Certificate Number
0711 0/97 60-801 2440635-5
This Is to certiw that all tangible personal property purchased or rented, real property rented, or services purchased on or after the above Registration
Effective Date by the above business are being purchased or rented for one of the following purposes:
Resale as tangible rsonal property.
Resale of services. Re-rental as tangibrpersonal property. Re-rental as real property. Incorporation into and sale as part of the repair of
tangible personal property by a repair dealer. Re-rental as transient rental property.
Incorporation as a material, ingredient, or component part of tangible personal property that is being produced for sale by manufacturing, compounding. or processing.
This certificate cannot be reassigned or transferred. This certificate can only be used by the active dealer or its authorized employees. Misuse of this
Annual Resale Certificate will subject the user to penalties as provided by law. Use signed photocopy for resale purposes.
Presented to: Presented by:
(Insert name of seller on photocopy.) (date) Authorized Signature (Purchaser) (dale)
1' h)' hi
,
L
Marsh\, Inc. 12/1/2006 2:43 PM PAGE 2/002 Eastern Time Lone
CENWALKiGREGATE
PRODUCTS - c(TuIPMp AGG
PERSNK 6ADVlNJURY
EACH OCCURRENE
FIRE DAMAGE(kryme(ire)
Ma3 EXP (hy me peran)
CaMEINED SNGLE LIMIT
PP-'VCER
4,000,OOG $
$ 4,000,000
1,000,OW
$ 2,000,000
$ 50,00(1
f 5,000
$ 5,000,000
MARSH USAINC
3475 PIEDMONT RD NE
SUITE 1200
ATLANTA, GA 30305
Attn: ATLANTA.CERTREQUEST@MARSH.COM FAX:
21 2-9484321
i04477-CCE-MAST.4607
MIS CERTIFlCA% IS ISSUED AS AMATTER OF INFORMATION ONLY WD CONFERS
NO RIGHTS UPON ME CERnFfCATE HOLDER OTHBR THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR &TER THE COVERAGE
ACE AMERICAN INSURANCE COMPANY
WSURED
Coca-Cda Enterprises Inc.
6553 Garden Road
Riviera Beach, FL 33404
COMPANY I B N/A
CaMPANY 1 C N/A
CWPHVY
THIS IS TO CERTIFY THAT PaIaES OF INSURANCE DESCRIBQ HEREN HAM BEEN ISSVEI TO THE INSIRED NFMED HWEIN FOR THE POLICY PERIOO INDICATED
NCJlWTHSTANDING ANY REQIIREMENT. TERM OR CONMTlCN OF ANY CONTRACT OR OTHER DOCUMENTWTH RESPECTTOWICH THE CWTlFlCATE MAY BE ISPlED OR MAY
RRTAIN. THE INSURANE WORDED BY THE POUaESDESCRlBED HERBN ISSUBJECT TO NL ME TERMS CONDlTlONSAND EXCIUSOVS CF SUCH POLlaES AGGREGATE
LIMITS sow MAY HAVE BEEN REDUCED BY PAD aAMs
LTR =O I TYPE OF INSURANCE
GENERAL LIABILITY
COMMERaN GENERK LlABlLlTY
UAIMSMME HCCClJR
ER'S 6 CaVTRACTORS PROT
H
WTOMOBLE LIABILITY c
NL WED WTOS
9=HEDULED AUTOS
HIRED WTOS
NOV-WED AUT-
H
OARAOE UABlLlTY h HVY WTO
EXCESS LIABILITY %--- UMWELLAFCRM
THE PROPRIETOR/
PARTNERSEXECUTIVE
DESCRPTION ff OPERATIONSROCATIONSM
POLICY NUMBER
HDOG21733 09A
IS AH08226581
IKXESlSPEClPL ITEMS
RFP # 12043lJV Vending Machine Services
I 1101 106 1 1 IO1 I07
t-
LIMITS
BODILY INJJRY
(P= Pa-)
BODILY INJJRY
(Per accident)
PROPERlY DFMAGE
AGGREGATE
City of Palm Beach Gardens
Attn: Althur DeRostaing
10500 North Military Trail Palm Beach Gardens, FL 33410
SKXM AhY OF TI€ POLlaES OEXRIBEO HEREIN BE CAN(BLE0 BEFORE TI€ EXPIRATION DATE THEREQ.
THE INmER AFFORO(N0 tXWERA(T WLL EMEAVQl TO hUlL 3 DAM WRITEN NOTM TO TH
ERllFIC4TE HOLDER Wt.450 HEREIN. BUT FAILIAE TO WL WW NOTICE auLL IWO9 NO CIBUmllU4 03
UABlLKYff ANYKIM WONM INSRER MFOROINQ WEME. ITSAQENTSOR REPRESENTATIWP OR TIE
I5tERffTWSCERTlFI~TE
MARSH USANC.
BY: Walter Oilsfrap
Date Prepared: May 1, 2007
Resolution 52, 2007
EXHIBIT “C”
STANDARD AGREEMENT FOR VENDING MACHINES SERVICES
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), and Florida Coca-Cola Bottling
Company, a Delaware corporation (“Vendor”).
WHEREAS, the City sought proposals for vending machine services on a non-
exclusive basis in accordance with the City’s Request for Proposal dated November 13,
2006, RFP Number 2006-013, and the Vendor’s responses thereto, all of which are
incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter
set forth, the Vendor and the City agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms and conditions of this Agreement shall include and incorporate the terms,
conditions, and specifications set forth in the City’s Request for Proposal for Vending
Machine Services for City-Owned Property dated November 13, 2006, RFP Number 2006-
013 (“RFP’’), and the Vendor’s Responses to the Request for Proposal that have been
accepted by the City, including all documentation required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Vendor shall perform those services identified in the specifications accompanying
the City’s RFP, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The compensation to be paid to the Vendor and the amount of revenue to be paid or
retained by the City shall be in accordance with the accepted Vendor’s Response, attached
as composite Exhibit “A and by this reference incorporated herein.
ARTICLE 4. TERM OF AGREEMENT AND EFFECTIVE DATE
The effective date of this Agreement shall be March 26, 2007
The initial term of this Agreement shall be for a period of five (5) years with the options
for contract extensions for an additional one (1) three (3) year renewal term period subject to
the mutual consent of the City and the Vendor, unless otherwise terminated as provided
herein. The City reserves the right to automatically extend any agreement for a maximum
period not to exceed ninety (90) calendar days in order to provide City departments with
continual service and supplies while a new agreement is being solicited, evaluated, and/or
awarded.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Vendor shall submit invoices, if any, to the City in accordance with the
Specifications of the RFP, as the case may be.
B. Payment
The City shall pay each invoice in accordance with the Florida Prompt Payment Act
(F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
Regardless of any other provisions, this Agreement may be terminated by the City,
with or without cause, upon providing written notice to the Vendor. This Agreement may be
terminated by the Vendor upon thirty (30) days’ prior written notice to the City. Upon any
such termination, the Vendor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Vendor is in breach of this
Agreement, the City shall pay the Vendor for services rendered through the date of
termination in accordance with the terms of this Agreement. If this Agreement is terminated
for any reason, the Vendor shall immediately remove its vending machines and equipment
from the City’s property and return the property to its original condition, reasonable wear and
tear excepted. The parties hereto understand that the City has no obligations as to the
security or maintenance of the vending machines.
ARTlC LE 7. I N D EM N I F I CAT1 0 N
The Vendor recognizes that it is an independent contractor and not an agent or
servant of the City. In the event a claim or lawsuit is brought against the City, its officers,
employees, servants, or agents relating to or arising out of the Vendor’s performance under
this Agreement, the Vendor hereby agrees to indemnify, save, and hold harmless the City, its
officers, employees, servants, or agents and to defend said persons from any such claims,
liabilities, causes of action, and judgments of any type whatsoever.
ARTICLE 8. INSURANCE
The Vendor shall meet the insurance requirements fully detailed in the General Terms
and Conditions of the RFP.
ARTICLE 9. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid),
return receipt requested, to the following addresses:
2
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561 ) 799-41 11
with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: City Attorney
Facsimile: (561) 799-41 38
As to the Vendor: Florida Coca-Cola Bottling Company
6553 Gardens Road
Riviera Beach, Florida 33404
Attn: Jeff Cutshall
Facsimile: (561) 882-1241
B. Entire Aareement. This Agreement constitutes the entire understanding and
agreement between the parties with respect to the subject matter hereof.
C. Bindina Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the
parties and their respective legal representatives, successors, and permitted assigns.
D. Assianabilitv. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement.
E. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof
shall not be invalidated thereby and shall be given full force and effect so far as possible.
F. Governing Law and Venue. This Agreement and all transactions contemplated
by this Agreement shall be governed by, and construed and enforced in accordance with, the
laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of
all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the selection
of venue. 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.
G. Headings. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or interpretation
of this Agreement.
H. Effective Date. The effective date of this Agreement shall be as of the date it
has been executed by both the parties hereto.
3
I. Construction. The parties acknowledge that each has shared equally in the
drafting and preparation of this Agreement, and accordingly, no Court or Administrative
Hearing Officer construing this Agreement shall construe it more strictly against one party
than the other, and every covenant, term, and provision of this Agreement shall be construed
simply according to its fair meaning.
J. Attornev’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the same
purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees and
costs, including appellate fees and costs.
K. Equal Opportunitv. The City and the Vendor agree that no person shall, on the
grounds of race, color, gender, national origin, ancestry, marital status, disability, religion,
creed, or age be discriminated against in the performance of this Agreement.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereinafter written.
Executed by the City this day of , 2007.
CITY:
ATTEST: CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
[SEAL]
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY I
By:
Mistine P. Tatum, City Attorney
Executed by the Vendor this day of ,2007.
VENDOR:
Giattorney-share\AGREEMENTS\Coke Agreement RR 1-8-07 AND 2-1-07.doc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 2,2007
Meeting Date: May 17, 2007
Ordinance 2, 2007
Resolution 19,2007
SUBJECT/AGENDA ITEM
Ordinance 2,2007 & Resolution 19,2007: Sunoco Service Station Planned Unit Development.
Consideration for Approval: A request by Kevin McGinley of Land Research Management, Inc., agent for
S&S Rentals, L.L.C., for a rezoning of an 0.80-acre parcel of land from General Commercial (CG-1) to a
Planned Unit Development (PUD) Overlay with underlying General Commercial (CG-1) zoning and a
Conditional Use approval to allow for the redevelopment of an existing gas statiodconvenience store generally
located at the southeast comer of PGA Boulevard and Prosperity Farms Road.
[XI Recommendation to APPROVE with 8 requested waivers.
[ 3 Recommendation to DENY.
Reviewed by:
Planning and Zonin
Division Director:
Tala1 Benothman, AICP
City Attorney:
Finance NIA
Development
AICP
Growth Management
Kara Irwin
Approved By:
City Manager
Originating Dept.:
Growth Management:
Principal Planner:
Todd Miller, AICP
[ ] Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
Advertised:
[XI Required
[ ] Not Required
Affected P-sties:
eed
[ ] Not Required
~ TNANCE: NIA
Finance Administrator:
NIA
411an Owens
Buildi
BY K. 6 Labossiere
Fees paid: [ ]
Date:
Budget Acct.#:
NIA
CC Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
] Rec. Denial
] Continued to:-
- ~ Attachments:
1. Conditional Use
Analysis
2. Project Narrative
3. Waiver Request
4. Concurrency Approval
5. Resolution 43, 1992
(Prosperity Centre)
6. Ordinance 6, 2001
(2001 Approval)
7. Proposed Site Plan and
Architectural
Elevations
Plan
8. Proposed Landscape
9. Color Site Plan
10. Color Elevations
Lighting Details
Ordinance 2, 2007
Resolution 19,2007
Date Prepared: April 2, 2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19, 2007
EXECUTIVE SUMMARY
The existing site is an 0.80-acre parcel (to be referred to as the “Sunoco Service Station”) at the
southeast corner of Prosperity Farms Road and PGA Boulevard. The applicant is requesting a
rezoning of the 0.80-acre parcel of land from General Commercial (CG-1) to a Planned Unit
Development (PUD) Overlay with underlying General Commercial (CG-1) zoning and a Major
Conditional Use to allow for the redevelopment of the existing 2,177 square-foot service
statiordconvenience store. This subject petition includes a total renovation of the existing structure
and associated gasoline pump stations, resulting in a new 2,337 square-foot building and the
elimination of six pump stations (1 8 existing pump station, 12 proposed pump stations). The Planning,
Zoning and Appeals Board reviewed the subject petition on January 9, 2007, and unanimously
recommended approval to the City Council. Staff recommends approval of Ordinance 2, 2007 and
Resolution 19,2007.
BACKGROUND
The service station was built in 1968. Thirteen years later, in 1981, the subject parcel received
approval for conversion of the service bays into a convenience store. On April 5, 2001, the City
Council approved Ordinance 6, 2001 rezoning the subject property from CG-1 to a PUD Overlay with
underlying CG-1 zoning and eleven waivers from the City’s Land Development Regulations (LDRs) to
allow for the redevelopment of the site. The project was granted approval based upon a buildout date
of December 3 1, 2004. Although Section 78-61 of the City’s LDRs permits the Growth Management
Administrator to grant administrative extensions to Development Order approvals of up to three years,
the applicant did not apply for an extension. Therefore, the rezoning, associated approvals and waivers
were expired on December 3 1,2004.
At this time, the City has received a new application for rezoning the site from CG-1 to a PUD Overlay
with underlying CG-1 zoning and a Conditional Use approval. (Ordinance 25, 2006 permits existing
convenience stores with gasoline sales within the PGA Boulevard Corridor Overlay so long as a Major
Conditional Use approval is granted upon redevelopment.) The proposed site plan includes a majority
of the same elements contained in the 2001 approval. However, the applicant is now dedicating a 172
foot wide by 892 foot long strip of land as additional right-of-way for PGA Boulevard. (Please see
attached Resolution 19, 2007 for conditions of approval.). In addition, City staff has worked with the
applicant to eliminate three (3) of the previously approved waivers. In Table 1 below, staff has
provided a comparison of the previously requested approved eleven waivers with the eight currently
requested waivers, and indicate the reason why the waivers were eliminated.
[The remainder of this page has been intentionally left blank.]
2
Date Prepared: April 2,2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19,2007
c
Waiver Comparisons
Previous waivers of the 2001 Request waivers for the Request
Section 78-1 53 - Front
2001 Waiver Proposed 2007 Waiver
Waiver # Approval Subject Petition
50 feet to 21 feet
15 feet to 6.5 feet
Section 78-1 53 -
Section 78-1 53 -
Min. Side
50 feet to 25.76
15 feet to 6.5 feet
1 Setback Front Setback feet
Section 78-1 53 - Min. Side
2 Setback Setback
3
4
5
6
7
Section 78-1 54 - Min. PUD
Size
Section 78-1 82 - Max.
Illumination Levels
Section 78-221 - PGA Blvd.
Special Setback
Section 78-285 -Wall Signs
Section 78-285 - Ground
Signs
Section 78-31 9 - Min.
Landscape Buffer
Section 78-320 - Min.
Foundation Plantings
Section 78-344 - Min.
Stacking Distance
Section 78-364 - Loading
maces
0.80 acre PUD
10 footcandles to
100 footcandles
12 foot path to a 5
foot path
1 sign to 4 signs
15feetto11.35
feet
8 feet to 6.5 feet
8 feet to 0 feet
100 feet to 32 feet
1 Loading space to
0 Loading spaces
Section 78-1 54 -
Min. PUD Size
Meeting the
LDRs
requirements
Not applicable.
Section 78-285 -
Wall Signs
Section 78-285 -
Ground Signs
Section 78-31 9 -
Min. Landscape
Buffer
Section 78-320 -
Min. Foundation
Plantings
Meeting the
LDRs
requirements
Section 78-364 -
Loading spaces
0.80 acre PUD
No longer
requesting.
No longer
requesting.
1 sign to 4 signs
15 feet to 6 feet
8 feet to 6.5 feet
8 feet to 0 feet
No longer
requesting.
1 Loading space to
0 Loading spaces
As described in the table above, three of the previously requested waivers have been eliminated. The
following is a list of those waivers, and the reason why they have been eliminated.
Waiver #4 - Section 78- 182 - Applicant has agreed to meet the new minimum illumination levels
Waiver #5 - Section 78-221 - Code section is not applicable to the subject property
Waiver #10 - Section 78-344 - City Engineer has administratively approved the reduced stacking as
allowed by the LDRs.
LAND USE AND ZONING
The subject site currently has a land use designation of Commercial (C), and a zoning designation of
CG-1. The CG-1 zoning designation is defined by the City’s LDRs as a district that “provides both the
retail goods and services supplied by the neighborhood business districts and the wider range of retail
goods and services required by residents or a group of neighborhoods.” Please note the subject
3
Date Prepared: April 2,2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19.2007
property is designated as Commercial on the City of Palm Beach Gardens Vision Plan. As described
in Table 2 below, the proposed application is compatible with the adjacent land use designations,
zoning districts, and adjacent uses surrounding the site.
Please note that prior to the adoption of Ordinance 25, 2006, convenience stores with gasoline sales
were not permitted within the PGA Boulevard Corridor Overlay. However, Ordinance 25, 2006 now
permits existing convenience stores with gasoline sales so long as a Major Conditional Use approval is
granted upon redevelopment. Major Conditional Use approvals are required of certain uses in order to
ensure those uses do not adversely impact the surrounding uses and neighborhoods. Therefore, the
applicant has included a Major Conditional Use request within the subject petition.
eveloprnent Overlay
This site is subject to the requirements of the PGA Boulevard Corridor Overlay. The intent o the
Overlay is to establish and maintain high standards of design and aesthetics for this corridor as it
serves as the signature gateway into the City.
CONCURRENCY
Traflc
The proposed project received traffic concurrency certification on March 6, 2006, with a buildout date
of December 31,2008. The certification is based upon 2,500 square feet of convenience store use and
12 pump stations. Please note, though, that the existing building is only 2,177 square feet, and the
proposed building is 2,337 square feet.
Drainage
The proposed PUD is under the jurisdiction of the South Florida Water Management District
4
Date Prepared: April 2,2007
Meeting Date: May 17, 2007
Ordinance 2,2007
Resolution 19,2007
(SFWMD) and the Northern Palm Beach County Improvement District (NPBCID) and the City of
Palm Beach Gardens for drainage purposes. The proposed storm water management system will be
comprised of an on-site dry detention and/or exfiltration trench for water quality treatment.
Specifically, grass swales, inlets, and storm sewer structures will collect and direct stormwater from
the site. Legal positive outfall is available through the existing stormwater drainage system within
PGA Boulevard (along the property’s northern boundary).
Water, Sewer and Waste Management
The applicant has reserved water, sewer capacity, and waste management service for the site.
PROJECT DETAILS
Site Access
As it exists today, the site has two nonconforming ingredegress points, in that they exceed the
maximum width allowed by the LDRs, and does not provide for the required stacking distances. The
proposed plan consists of two entrances; one off of PGA Boulevard and another off of Prosperity
Farms Road. The proposed plan now meets the drive aisle width requirements of the LDRs, thus
eliminating the potential for conflicting vehicular movements. Although the stacking distances
provided on the proposed plan do not meet the 100’ prescribed by the LDRs, the applicant has obtained
approval of the reduced stacking distances from the City Engineer, which is permissible under Section
78-344 of the LDRs.
Pursuant to Section 78-221(k)(2) of the City’s LDRs, all parcels within the PGA Boulevard Corridor
Overlay are encouraged to provide shared access. In accordance therewith, the applicant is proposing
two shared access points with the adjacent shopping center (Prosperity Centre). The shared access
points are proposed at the northeast and southwest corners of the site. The additional access will help
alleviate the amount of trips on Prosperity Farms Road and PGA Boulevard.
Site Plan and Design Features
The proposed site plan includes the complete removal of the existing building and canopy, and the
construction of a new, modern building and canopy, which will be set back from PGA Boulevard.
Both proposed structures are architecturally compatible. The applicant is also proposing to reconfigure
and reduce the number of pumping stations from eighteen (1 8) to twelve (1 2), thereby providing for
better circulation throughout the site. Currently, the existing site has minimal landscaping, and does
not provide the required buffers. In comparison, the proposed plan provides the required landscape
buffers along each property line (except the southern property line), and provides landscaping along
the adjacent rights-of-way. Furthermore, staff has required the provision of cross access with the
adjacent commercial property to the south and east, which will facilitate better circulation within both
the subject site and the adjacent commercial property. This connection will help to reduce the amount
of trips on PGA Boulevard and Prosperity Farms Road. Lastly, staff has recommended a condition of
approval requiring all utilities be located underground, pursuant to Section 78-221 (i) of the LDRs.
5
Date Prepared: April 2,2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19.2007
Architecture
The proposed building and canopy incorporate similar architectural elements. The applicant has
provided for a matching barrel-tile roof, and stucco bases which will be painted to match the building.
Specifically, the building and canopy are to be painted as follows: 1) white around the banding and
cornice line; 2) light beige columns and stucco fagade; and 3) dark beige on the column bases and the
base of the building. Pursuant to Section 78-221(h)(3) of the City’s LDRs, staff has provided a
condition of approval that corporate colors will not be permitted on the building or canopy. Overall,
the building will blend with the architectural style of the surrounding shopping plaza and neighboring
structures within this quadrant of PGA Boulevard.
Landscauing and Buffering
The site currently has minimal landscape buffers, which do not meet code. The petitioner is now
proposing to bring the site into greater compliance with City’s landscaping requirements by providing
the required landscape buffers along both street frontages and the eastern property line. However, the
applicant is requesting a 1.5-fOOt waiver to the landscape buffer along the southern property line.
Parking
The LDRs require one parking space per 200 square feet of convenience store with gas sales. The
petitioner is proposing a 2,337 square-foot building, which equates to twelve (12) parking spaces. The
petitioner is providing 12 spaces, one of which is handicap accessible. The petitioner has also
provided one bicycle parking space.
Phasing
The petitioner has indicated that the development will be constructed in one phase.
Sipnape
The petitioner is proposing four wall signs and one monument sign on site. The applicant is proposing
to locate the monument sign along PGA Boulevard, and to provide wall signs on the east, west, and
north elevations of the canopy, as well as an “S” logo on the north elevation of the building. Based
upon concern for the visual impacts of the wall signage on the PGA Boulevard and Prosperity Farms
Road streetscapes, staff has recommended a condition of approval restricting the wall signage to
“channel letters” only. Due to the fact that the attached plans do not include the color and size details
of the proposed signage, staff has recommended a condition of approval that all signage obtain
approval under a separate application.
Site Liphting -
The applicant is providing recessed lighting within the canopy, and three (3) 14-foot high light fixtures
within the vehicle use areas. The lighting and photometrics have been reviewed and found to be in
compliance with Section 78-1 82 of the LDRs by the City Engineer.
6
Date Prepared: April 2,2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19.2007
CPTED Compliance
The petitioner shall comply with the Crime Prevention Through Environmental Design (CPTED)
principles recommended by the Police Department (Please see conditions of approval).
Waivers
’he applicant is requesting eight (8) ~~ waivers. (Please see attached waiverjustzjkation by applicant):
Staff Support &
Code Requirement Provided Waiver Discussion
Section 78-1 53, Table 12 - Front Setback = 50 feet 24.24 feet Approval (1)
Section 78-1 53, Table 12 - Side Setback = 15 feet 8.5 feet Approval (2)
25.76 feet
6.5 feet
Section 78-154, Table 14 - Min. PUD Size = 1 acre
Section 78-285, Table 24 -Wall Sinns = 1 wall sian
0.80 acre
4 signs
.20 acre Approval (3)
3 signs Approval (4) - - per building
Section 78-285, Table 24 - Monument = Min. 15’
setback from ROW for monument signs
Section 78-31 9(a) - Min. Landscape Buffer = 8 feet
Section 78-320(4) - Min. Foundation Plantings = 5
feet adjacent to all vehicular use areas
Section 78-364(a) - Loading spaces
5.0 feet 10.0 feet Approval (5)
6.5 feet 1.5 feet Approval (6)
None 5 feet Approval (7)
0 I I space I Approval (8)
1) The applicant is requesting a waiver from LDRs Section 78-153, Table 12, Nonresidential
Zoning Districts, to reduce the required front setback by 24.24 feet. It is staffs professional
opinion that the reduced setback will not negatively impact the surrounding area. Specifically,
Sec. 78-751 entitled “Definitions” states the “shortest lot line adjacent to a street right-of-way
shall be the front lot line.” Therefore, on the subject property it is the western property line
abutting Prosperity Farms Road that is the shortest property line, and thus, by definition, is the
front lot line. As a result, all structures and buildings must meet the minimum required 50 foot
front setback off of Prosperity Farms Road or obtain a waiver. Staff notes that the existing
building and canopies do not meet the required front setback. The western canopy is within
approximately 21 feet of the western property line. While the applicant’s proposal still does not
meet the required 50 foot setback from Prosperity Farms Road, it will increase the canopy
setback from 21 feet to 25.76 feet, and locates the building 65.51 feet from the western
property line, exceeding the minimum required setback. Therefore, based upon the reduction
of the setback encroachment, and the improvement to the PGA Boulevard and Prosperity Farms
Road streetscape, staff recommends approval.
2) The applicant is requesting a waiver from LDRs Section 78-153, Table 12, Nonresidential
Zoning Districts, to reduce the required side setback by 8.5 feet. It is staffs professional
opinion that the reduced setback will not negatively impact the surrounding area. Specifically,
staff has reviewed the existing and proposed setbacks for the building, as indicated below. The
existing building and canopies do not meet the minimum required side setbacks along PGA
Boulevard, but do exceed the requirements for the side setback along the south property line.
The applicant is proposing a new building and canopy which meet the minimum required
7
Date Prepared: April 2,2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19,2007
setback along PGA Boulevard, but does not meet the side setback along the southern property
line due to the location of the proposed building. While the applicant has not met all the
required setbacks, the applicant has met the required setback along PGA Boulevard. Based
upon the applicant’s efforts to bring the site into greater conformance with LDRs, and the
relocation of the building further away from PGA Boulevard, staff recommends approval.
3) The applicant is requesting a waiver from LDRs Section 78-154, Table 14, Planned Unit
Development (PUD) Overlay District, to reduce the minimum size requirement for a PUD from
1 acre to 0.80 acre. In accordance with Section 78-154(d), any property lying within the PGA
Boulevard Overlay Corridor must rezone to Planned Unit Development (PUD). The
requirements set forth in the PUD section of the LDRs, reflected in Section 78-154(g)(7), state
that a PUD must have a minimum size of 1 acre. Since this is an existing site and no further
lands can be obtained to increase the size, the applicant is required to seek a waiver from this
provision.
4) The applicant is requesting a waiver from LDRs Section 78-285, Table 24, Permitted signs, to
permit the installation of a total of four wall signs. Given the size of the building, and that the
building and canopy are located at the intersection of two major arterial roadways, staff
considers signs appropriate. (Please note the applicant will be required to come back before the
Council for approval of their Master Signage Program.) Therefore, based on the location of the
site, the need for adequate building identification, staff recommends approval of the waiver.
5) The applicant is requesting a waiver from LDRs Section 78-285, Table 24, Permitted signs, to
permit the installation of a ground sign within the required 15’ setback from a right-of-way. As
part of the proposed PGA Boulevard widening project, the applicant is dedicating an
approximately 172 foot wide by 89t foot long strip of land as additional right-of-way for PGA
Boulevard. Upon dedication of the right-of-way, the applicant will not be able to meet the
required 15’ right-of-way setback for the ground sign. Instead, there will only be a 5’ setback
off of the ultimate right-of-way line for PGA Boulevard. Given that the applicant is providing
the additional right-of-way, and that the dedication will create the lack of adequate space to
meet the required setback, staff recommends approval.
6) The applicant is requesting a waiver from City LDRs Section 78-319(a), Minimum landscape
buffer and planting requirements, to reduce the required landscape buffer along the southern
property line by 1.5 feet. It is staffs professional opinion that the reduced buffer will not
negatively impact the adjacent commercial development to the south. The proposed site plan
provides landscape buffers which meet the LDRs required minimum widths along all property
lines, except the southern property line. In consideration of the applicant’s efforts to create
conforming buffers along all other property lines, the dedication of additional right-of-way and
the commercial nature of the adjacent use to the south, staff recommends approval.
7) The applicant is requesting a waiver from LDRs Section 78-320(4), Foundation landscaping
and plantings, to waive the required foundation landscaping. The existing site does not include
any foundation plantings adjacent to the building. The size of the site presents difficulties in
meeting all the minimum requirements of the LDRS. Specifically, the applicant is providing
dedication of additional right-of-way, the LDRS required drive aisle widths, landscape buffers,
and the minimum required parking stall dimensions. As a result, the applicant is not left with
8
Date Prepared: April 2,2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19,2007
enough room on the site to accommodate the required foundation plantings adjacent to the
building. Staff recommends approval.
8) The applicant is requesting a waiver from City LDRS Section 78-364(a), Number of Loading
Spaces Required, to waive the one required loading space in favor of a cross access to the east
and south. Currently there is no designated loading space on site. Previously, the applicant had
included a designated loading space on site. However, during the review of the previous
application in 2001, the Planning, Zoning, and Appeals Board recommended the loading space
be eliminated, and a cross access point be substituted in its place. Based upon this
recommendation, the applicant is once again requesting a waiver to the requirement to provide
a loading space. Staff notes that the provision of a cross access point between the shopping
center and the service station will help to reduce the number of trips on both Prosperity Farms
Road and PGA Boulevard. This will assist in the vehicular circulation between the shopping
center and the service station. In consideration of the provision of an alternative means of
ingresdegress and alleviation of traffic congestion on PGA Boulevard and Prosperity Farms
Road, staff recommends approval.
Art in Public Places
The petitioner has been informed of the Art in Public Places requirement. At the time the building
permit for this development is applied for, the applicant must produce documentation of the total costs
of construction of the project. Should the cost of development exceed $1,000,000, the petitioner must
provide for art in public places.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
It is staffs professional opinion that the proposed development is consistent with the overall intent of
the goals, objectives and policies of the City’s Comprehensive Plan. An example of some of the goals,
objectives and policies, which are consistent with and furthered by the proposed PUD, are listed below.
Future Land Use Element
Goal 1.1.: Continue to ensure a high quality living environment through a mixture of land uses
that will maximize Palm Beach Gardens’ Natural and Manmade Resources while minimizing
any threat to the health, safety, and welfare of the City’s citizens that is caused by incompatible
land uses and environmental degradation.
Objective 1.1.7.: The City shall maintain land development regulations containing standards and
provisions which encourage the elimination or reduction of uses inconsistent with the City’s
character and future land uses.
Policy 1.1.6.1.: Development orders and permits for future development and redevelopment
activities shall be issued only in areas possessing the appropriate Future Land Use designation
and that are consistent with the goals, objectives, and policies of this Comprehensive Plan.
The proposed development is consistent with the subject site’s future land use designation, which is
Commercial, and the proposed use is a permitted use in the City’s Land Development Regulations.
9
Date Prepared: April 2,2007
Meeting Date: May 17,2007
Ordinance 2,2007
Resolution 19,2007
Furthermore, the site has operated as a service station and convenience store for 25+ years, and is
compatible with the adjacent commercial development.
Objective 1.1.4.: Development orders and permits for development and redevelopment activities
shall be issued only in areas where public facilities necessary to meet the level of service
standards (which are adopted as part of the Capital Improvements Element of this
Comprehensive Plan) are available concurrent with the impacts of development.
Policy 1.1.4.1.: The City shall maintain development regulations to provide that public facilities
and services be available concurrent with the impacts of development to meet the level of service
standards established in the Capital Improvements Element of the City’s Comprehensive Plan.
Concurrency Management System requirements shall include the following.
1)
2)
3)
Demonstration that the impacts from a proposed development comply with the
adopted level of service standards of the City.
Determination of concurrency prior to the processing of the application for a
development permit.
Certification of concurrency shall be secured prior to an application receiving a
development order; this may be in the form of certificate of exemption, certificate of
concurrency, reservation, or certificate of conditional concurrency reservation.
Certification of concurrency shall be valid for the time set forth in the development
order, and any amendments thereto, otherwise the certificate is valid for two years. If
a time extension is not granted, the concurrency certificate shall automatically expire,
and no further development activity can occur without obtaining an appropriate
concurrency certificate.
4)
The proposed development has obtained all necessary concurrency reservations, including the Palm
Beach County Traffic Concurrency certificate, as mentioned above.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE
This petition has received DRC certification. DRC certification indicates that all major
outstanding issues have been resolved.
PLANNING, ZONING AND APPEALS BOARD (PZAB) RECOMMENDATION
On January 9, 2007 the PZAB held a public hearing wherein the Board unanimously recommended
approval of the subject petition with the eight (8) requested waivers and conditions of approval to the
City Council.
CITY COUNCIL - FIRST READING
At the March 15, 2007 City Council meeting, the Council unanimously approved the petition on first
reading.
Based upon City Council comments at the first reading, City staff has reviewed the State Statute
requirements for generators at service stations. In addition, City staff has reviewed the site plan in
10
Ddtc l’icp,ucd Apnl 2. 2007
Mcetiiig D.itc May 17. 2007
Oidinnnce 2. 2007
I~c\olutlon 19. 2007
aider to determine the feasibility of accommodating n peimanent generator on the site Based upon
stall-s research, the applicant is meeting the requii.ements of the State Statute by providing the pre-
umng capability to operate an alternate poll el. source This alternate power source (i e. a generator)
must be nble to pou’er all fuel pumps, dispensing equipment, life-safety systems and payment
acceptance equipment In a letter facsimiled to the City on March 29, 2007, Sunoco states that a
mobile generator is more protected during a storm event than a permanent generator, and will be
deployed within 24 to 48 hours of a stoim event
The cuirent site plan reflects a right-of-way dedication of 1 .S 13 square feet This right-of-way is being
conbeyed to Palm Beach County at no cost to either the City of Palm Beach Gardens or the County
(Please note that the applicant will be required to pay the standard road impact fees to the City of Palm
Beach Gardens However, the applicant may choose to petition Palm Beach County for credit against
County road impact fees) The right-of-way is needed in order to construct the eastbound through lane
at the intersection of PGA Boulevard and Prosperity Farms Road Due to the already small site area,
80 acres, plus the dedication of the needed right-of-way, there is limited space on site to provide a
peim-inent generator without impacts to parking spaces and/or the on-site retention area
As per the City Coiincil’s direction at first reading, City staff has prepared a condition of approval to
iqiiii.e the provision of a permanent generator on site to be incorporated into the resolution The
proposed condition is as follows
Prior to issuance of a building permit for vertical construction, the Applicant shall work
with staff to determine the process necessary for providing a permanent generator on site
lhe generator shall be approved in accordance of the Land Development Regulations,
and installed prior to the issuance of a Certificate of Occupancy
STAFF RECOR/IR/I ENDATION
Staff recommends APPROVAL of Ordinance 2, 2007, Resolution 19, 2007 and the eight (8) requested
waivers, subject to the conditions of approval provided therein.
[Tliis space lias been intentionally left blank.]
11
ATTACHMENT 1
CONDITIONAL USE ANA,
City of Palm Beach Gardens LDR Section 78-52
(I) Comprehensive plan. The proposed use is consistent with the
comprehensive plan.
StczfAnafi/sis: As deinonstrated in the staff report for this petition, staff has determined
that the proposed senrice station and convenience store is consistent with the City’s
Comprehensive Plan.
(2) Chapter requirements. The proposed use is consistent with all
applicable requirements of this chapter.
Stg@ Analysis: Section 78-221 of the City‘s LDR’s, entitled “PGA Boulevard Corridor
Overlay”, permits convenience stores with gas sales as a major conditional use within
the PGA Boulevard Overlay. The subject property has an underlying zoning of CGi;
therefore, staff has requested the application be processed as a Major Conditional Use,
and a Planned Unit Development to address a nonconformance with several code
requirements.
The proposed development plans are generally consistent with the requirements of the
City’s Land Development Regulations, provided the requested waivers are approved.
(3) Standards. The proposed use is consistent with the standards for
such use as provided in Section 78-159.
StczfJAnalysis: The proposed use is consistent with the additional standards provided
in Section 78-159cj).
(4) Public welfare.
safety, and welfare by:
The proposed use provides for the public health,
a. Providing for a safe and effective means of pedestrian access;
b. Providing for a safe and effective means of vehicular ingress and
egress;
c. Providing for an adequate roadway system adjacent to and front
of the site;
d. Providing for safe and efficient onsite traffic circulation, parking,
and overall control; and
e. Providing adequate access for public safety purposes, including
fire and police protection.
Stqfl Analysis: Staff has determined that the proposed use provides for the aforesaid
standards and, therefore, provides for the public health, safety, and welfare.
(5) Screening and buffering. The proposed use utilizes such techniques as
landscaping, screening, buffering, site or building design, or business
operation procedures to mitigate impacts on surrounding properties,
including such impact as:
a . Noise;
b. Glare:
C. Odor;
d. Ground-, wall-, or roof-mounted mechanical equipment;
e. Perimeter, interior, and security lighting;
f. Signs;
g. Waste disposal and recycling;
11. Outdoor storage of merchandise and vehicles;
i. Visual impact; and
j. Hours of operation.
,. Staj Analusis: The applicant has worked with staff to address many existing
nonconformities on site, and has requested waivers to the applicable code requirements to
address any remaining issues. Furthermore, staff has provided conditions of approval to
ensure that any negative impacts on the adjacent properties will be minimized.
(6) Utilities. The proposed use minimizes or eliminates the impact of
utility installation, including underground and overhead utilities, on
adjacent properties.
StaffAnalysis: The applicant has minimized the negative impacts of the project on the
ad-jacent properties.
(7) Dimensional standards. The proposed use meets or exceeds all
dimensional requirements required by the chapter.
staff A?ia/ysis: The applicant has worked with staff to address many existing
lionconformities on site, and has requested waivers to the applicable code requirements to
address any remaining issues.
2
(8) Neighborhood plans. The proposed use is consistent with the goals,
objectives, policies, and standards of neighborhood plans.
N/A
(9) Compatibility. The overall coinpatibility of the proposed development
with adjacent and area uses, and character of area development.
Anafusis: The site has functioned as a service station since 1968, and as a
coiiveiiience store with gasoline sales since 19S1. Furthermore, the proposed site, in staffs
opinion, is compatible with the commercial nature of the surrounding areas. From a
design standpoint, the proposed building is coiiipatible with the surrounding structures
with regard to architecture and colors.
(1 0) Patterns of development.
time 1 y , and o r de r 1 y deve 1 o p me n t p at t e ms . The proposed use ~7ill result in logical,
Stq,fAnalgsis: As mentioned above, the site has operated as a service station since 1968,
and as a convenience store with gasoline sales since 1981. Furthermore, the petition is in
keeping with the historical use of the site.
(11) Purpose and intent. The proposed use will be in harmony with the
general purpose and intent of this chapter and the goals, objectives,
and policies of the City.
StczfAnnalysis: Staff has reviewed the proposed use and found it to be in harmony with
the intent of the City's LDRs and the Goals, Objectives, and Policies of the Comprehensive
Plan.
(12) Adverse impact. The design of the proposed use and structures will
minimize any adverse visual impacts or impacts caused by the intensity
of the use.
Stczf Analysis: The proposed architecture and colors of the building are compatible with
the surrounding structures.
(13) Environmental impact. The design of the proposed use minimizes any
adverse impacts that may be created, including impacts on
environmental and natural resources including air, water, storm water
management, wildlife, vegetation, and wetlands.
StdJ Analysis: Staff has reviewed the proposed development plan and determined that
there will be no adverse impacts on environmental and natural resources.
JUSTIF [CATION STATEMENT
REZONING AND SITE PLAN APPROVAL
FOR
PROPOSED REDEVELOPMENT OF EXISTING SPEEDWAY SERVICE STATION
FACILITY AT SOUTHEAST CORNER OF PGA BLVD. & PROSPERITY FARMS
ROAD
The purpose of ths application is to accommodate the demolition of an existing Speedway gasolene
statiordconvenience store located on a 0.8 acre property located on the southeast comer of PGA
Boulevard and Prosperity Farms Road, and the construction of a new facility that dramatically
improves the appearance, functional efficiency, safety and conformity with land development
Zoning & Engmeering) and buildmg codes. The existing facility was constructed in approximately
1968 as a gas station and automotive repair facility. In 1968 the City approved the conversion of
the service bays into a convenience store. The building and site improvements are extremely non-
conforming with respect to the standards set by current codes. The existing 2,177 square foot
building is antiquated in its appearance and does not conform to current setback requirements. The
site has essentially open access, has insufkient parking and poor queuing arrangement at the pump
islands, and virtually no landscaping.
The objective of this project is to remove the existing, seriously non-confoming facility, and replace
it with a very attractive new facility of essentially the same size (the new building will be 2,339
square feet, which will result in a floor/area ratio of only 6.69%), that will be a significant aesthetic
enhancement to the surrounding area. Although several waivers from normal site development
standards will b necessary, the proposed site plan for the new facility will result in greater setbacks
along PGA Boulevard, provide properly hctional pump islands, introduce significant landscaping
on all sides of the site, will reduce access to two well defined external driveways (one on Prosperity
Farms Road and one on PGA Boulevard), and will create cross access with the shopping center
adjacent to the south. Further, the new buildmg and canopy constructed on the site will be very
attractive and will be consistent with the architectural character that the City encourages for the
PGA Boulevard comdor. The buildrng will be contemporary in design, and will utilize a barrel tile
111 hip roof The canopy will have a pitched facade and will incorporate barrel tiles, as well. All
new construction will fully comply with contemporary building construction standards.
The intended redevelopment of the subject property is entirely consistent with the goals and
objectives of the Comprehensive Plan. The Property is designated as commercial on the Future
Land Use Map and is zoned CG-1, which permits gas stations and convenience store facilities.
However, the property is located in the PGA Boulevard Overly District, which requires that new
commercial development must rezone to PUD. This application requests such rezoning.
The proposed project will be developed as soon as permits can be obtained. No phasing is
contemplated. A 1.7 foot wide area has been provided along the property’s northern boundary for
future right-of-way for PGA Boulevard. The project’s landscape buffer along PGA boulevard
complies with the City standard, exclusive of this area.
Speedway justification statement
Southeast comer of PGA Blvd. & Prosperity Farms Road
Page 2.
As noted above, the proposed project is entirely consistent with the Future Land Use Element of the
City’s Comprehensive Plan, which designates he site for commercial development. The project is
also consistent with the Transportation Element in that it will not impact traffic issues, since it is
a redevelopment project that essentially replaces an old facility with a new one that is essentially
the same size. The project has no relevance to the Housing, Infrastructure, Coastal Management,
Conservation, Recreation and Open Space or Capital Improvement elements of the Plan.
There are no Comprehensive Planning issues related to ths application. The issues for this project
are simple site planning issues. The proposed redevelopment of the site will not result in any
change to the land use for the property, and the size and intensity of the use of the property will not
noticeably change. However, the property will be dramatically aesthetically improved and will
function much better. Further, the ne improvements will be filly compliant with the current
building Codes. The alternative for the property, should this request not be approved, would be to
continue to operate indefinitely in its current condition.
JUSTIFICATION STATEMENT
WAIVER REQUESTS
FOR
PROPOSED REDEVELOPMENT OF EXlSTING SERVICE STATION
AT SOUTHEAST CORNER OF PGA BLVD. & PROSPERTTY FARMS ROAD
The ownedapplicant for this project is requesting eight (8) waivers fiom the normal
development standards of the Zoning Code, as pait of the redevelopment of an existing
service station and convenience store Although several waivers are being requested, the
new facility will be far closer to compliance with the current requirements of the Code
than the existing facility. Each of the waivers was previously approved by the City
Council but the approvals have lapsed The requested waivers are as follows,
0 A waiver fi-om the provisions of 78- 154 of the Zoning Code that require a
minimum parcel size 1 acre for conunercial properties zoned PUD. The
subject site is a long existing fiee standing propeity of 0.80 acre The
propeity is bounded on two sides by arterial highways and on two sides by the
existing Prosperity Center shopping center The site is cui-rently fully
developed with the same uses being proposed by this application.
Consequently, approval of this waiver will not facilitate the introduction of a
new commercial use on a parcel that does not meet current size requirements.
Approval will allow the redevelopment of the site in a way that is more
con foiming to current standards
0 A waiver fiom the requirements of Section 78-1 53 of the Zoning Code for
fiont setback (Prosperity Farms Road) to allow a setback of 25 75 feet, rather
than the normally required SO feet This waiver will result in the construction
of a new canopy that is located approximately the same distance fiom
Prosperity Farms Road as is an existing canopy (which is actually 27 5 feet
fiom the right-of-way) However, approval of this waiver will allow the
removal of two existing canopies and their replacement by a single canopy
that eliminates a non-conforming setback on PGA Boulevard One of the
existing canopies is located only 11 5 feet fiom the PGA Boulevard right-of-
way The new canopy will be set back 65 feet fiom PGA Boulevard, which
exceeds the Code requirement Consequently, approval of this waiver request
will bring the site much closer to compliance with cument standards with
respect to canopies than is cunently in place
J list i ficat ion Statement
Page 2
e A waiver from the requirements of 78- I 53 of the Zoning Code for interior
side setback (south side), to allow construction of the proposed new building
6 5 feet from the property line, rather than the 15 feet nonnally required The
cumnt building meets the required interior side setback, but the existing
canopy violates the street facing side setback (PGA Boulevard), with a
setback of only 11 5 feet Approval of this waiver accommodates the
redevelopment of the site with a conforming setback on PGA Boulevard,
enables the site to have appropriate vehicular circulation and accommodates
the required number of parking spaces (which the existing facility does not)
Further, this waiver allows the applicant to provide substantially increased
landscaping along PGA Boulevard The applicant is mitigating this waiver by
providing substantial landscape improvements between the building and the
south property line Currently, the area between the building and the property
line has minimal landscaping Further, it should be noted that the area
adjacent to the south side of the subject site is an area used by the Prosperity
Center for parking and a loading area for Baines & Noble Therefore, the
reduction of normal setback will have no adverse land use impact
e A waiver fi-om Section 78-3 19, Landscape Buffer requirements (south side),
which require an 8 foot wide perimeter buffer This request is to allow a 6 5
foot buffer (1 5 foot waiver) for the portion of the south boundary of the site
adjacent to the proposed building This area constitutes an area approximately
74 feet long The balance of the south property line will substantially exceed
the code requirement In fact, if the Code allowed buffer width averaging, the
proposed buffer would substantially exceed code requirements It should be
noted that the existing site currently violates this Code provision along three
of the four property lines, including both right-of-way- buffers Both right-of-
way buffers and the eastern buffer are being brought into conformance on the
proposed plan This partial waiver is necessitated by the location of the new
building, which has been discussed above As noted above, the reduction of
this buffer enables the applicant to comply with buffer standards along the
roadways, which we believe will provide way significant aesthetic
improvement and a public benefit
e A waiver fiom Section 78-320, Foundation Planting (north side) is being
requested. This provision requires a 5' wide foundation planter along each
side of the building adjacent to a vehicular use area. This waiver is to allow
the elimination of this requirement on the north side of the structure. This
request is necessary in order to provide the required number of parking spaces
and handicap accessibility. Due to the use of the subject site as a
Justification Statement
Page3
e redevelopment of a c-store wi gas sales with limited size and depth, inclusion
of a foundation planter on the noi-th side of the building would significantly
impact the circulation of the site A difference of 5 feet adjacent to the front
of the building would ultimately result in additional waivers for setbacks and
landscaping adjacent to the right-of-way for PGA Boulevard It should be
noted that the current development does not provide any foundation planting.
In addition, the use of foundation planters in fiont of the particular type of use
existing and proposed for this site is not desirable. Due to the canopy
overhang which extends fiom the building and the screening of the fi.ont of
the structure by pump islands, both the maintenance and visibility of
landscaping in this area would be severely limited. Further, the high volume
of pedestrian traffic using the walkway in front of the building would result in
constant damage to the plant materials and the use of the planting area by
customers as a trash depository
0 A waiver fi.01~ the requirements of Section 78-285 is being requested This
section of the code allows for a maximum of 1 wall sign on the noi-th canopy
face, 1 sign on the west canopy face, 1 sign on the east canopy face and a logo
sign centered over the door of the noi-th building face The other three signs
will only spell out the name of the fuel provider. The placement of the signs is
to allow identification ofthe facility on the east, west and north No signs are
being proposed on the south side of the facility As a gas station, it is
important that the facility type or brand be identifiable. Although a large
portion of a gas stations business is fiom passerby traffic, many consumers are
loyal to a specific brand or company. The placement of the additional signs is
to allow for brand identification when approaching the station fiom the
adjacent roadways.
e A waiver from the requirements of Section 78-285 is being requested. This
section of the code requires a 15 foot setback fiom property lines; to allow a
setback of 1.41 feet fiom PGA Boulevard and 4.64 feet fiom the corner clip of
PGA Boulevard and Prosperity Farms Road. The sign for the existing facility
is located in the southwest coiner of the property, and is not visible to traffic
traveling along PGA Boulevard. They applicant intends to provide very
significant landscape improvements in the area where the existing sign is
located, which would further compromise the viability of a sing in this
location. In order to provide adequate sign identification, the applicant needs
to move the sign to a location closer to the intersection. It should be noted
that the setbacks ide4ntified are measured fiom the ultimate right-of-way of
both roads. Were it not for the possibility of future right-of-way takings, the
proposed sign would meet the required setback. Consequently, the need for
Justification Statement
Page 4
this waiver is caused by the requiimient to provide for future right-of-way
needs for the adjacent roadways
A waiver from Section 78-364 is being requested The Code requires 1
loading space which we are requesting to be waived A loading area which
meets code requirements was provided at the noi-theast end of the site
However, the Planning and Zoning Board requested that a point of cross-
access be established with the property to the east, eliminating the area which
was designated for loading Although the formal loading space must be
removed to provide the cross-access, the area adjacent to the dumpster can
serve as an adequate loading area without interfering with parking and
circulation Since loading can be controlled by the operator of the facility, the
need for an exclusive striped loading area is not necessary It makes sense to
allow the dumpster approach area to serve a dual function, especially since
rehse pick-up and deliveries are both inkequent activities which do not
conflict with each other
Although the applicant is requesting several waivers, approval of the proposed
redevelopment will bring the site significantly closer to compliance with current
development standards. Further, the proposed modernized facil it y w i 11 aes thet ical 1 y
improve both the subject site and the area.
vu LJa;u1p
Oeparcrncnc of Enginoaring
and Public Wort-
P.0. box 21229
West Palm Beach. FL 33416-122L3
(50 I) Ci84*4000
www. phcSnv.cn ni
DQ
Palm Beach County
Board of County
Comrnissionars
Thny Mnsilotti, Chnirrnnn
Addic. L. Greene. Vicc Chairperson
hrcn T. Marcus
Jcff l(o0n.s
WJrrqn I.[. ~r.wc.Il
Mary McCorty
Burl Aarurisori
County Adminirtrator
Hoherr weismmi
-An Equal oppornmlry
wirniativc nction Iiiiipfoyrr'
ATTACHMENT 4
March 6. 2006
Ms. Judy A. T. Dye
Assistant City Engineer
City of Palm Beach Gardens - LBFH Inc.
3550 S.W. Corporate Pkwy.
'alm City, FL 34990
,?E: PGA I Prosperity Farms Road Gas Station Expansion
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Judy:
The Palm Beach County Traffic Division has reviewed the traffic statement for the
proposed convenience store expansion project entitled PGA4 Prosperity Farms Road
Gas Station, pursuant to the Traffic Performance Standards in Article 12 of the Palm
Beach County Land Development Code. The project is summarized as follows:
Location : SE Corner of the inte&tion of PGA and Prosperity Farms Road.
Municipality: Palm Beach Gardens
Existing Uses: Gas Station with 12 Fuel Positions, and 2,177 SF Convenience
Store.
Proposed Uses: Addition of 323 SF Convenience Storc (Total 2,500 SF).
New Daily Trips: 238
New PH Trips: 22 AM and 17 PM
Bu ildsu t ; 2008
Based on our review, the Traffic Division has determined that the proposed expansion
project meets the Traffic Pcrformance Standards of Palm Beach County. No building
permits are to be issued by the City, after the build-out date, specified above, Tho County
traffic concurrency approval is subject to the Project Aggregation Rules set forth In the
Traffic Performance Standards Ordinance. If you have any questions regarding the above
comments, please contact me at 6844030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER ,
Masoud Atcfi,
.. .
CC: Glen Hanks Consulilng Engineering, Inc.
File: Gencral- TPS Mun. Traffic Study Review
FATRAFF IC\rnaWdminV4pprovals\060227.doc
4
created by Ordinance
WHEREAS, said P
amended, the latest
Resolution 35, 1992;
WHEREAS , the
-
ATTACHMENT 5
VJ
May 11, 1992
May 21, 1992
RESOLUTION 43, 1992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 35, 1992, SETTING FORTH ALL OF THE
TERMS AND CONDITIONS CURRENTLY IN EFFECT FOR
DEVELOPMENT OF "PROSPERITY CENTRE", A PLANNED
UNIT DEVELOPMENT, IN ADDITION TO THE TERMS AND
CONDITIONS AS SET FORTH IN SAID RESOLUTION 35,
1992 , PERTAINING THERETO; AND, PROVIDING FOR
THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS
AND PARTS THEREOF IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, "PROSPERITY CENTRE", a Planned Unit Development, was
32, 1988, on October 20, 1988; and
anned Unit Development has been subsequently
amendment being made on April 16, 1992, by
and ,
City Council has directed that this
administrative Resolution be prepared and adopted to set forth all
terms and conditions for development of the Planned Unit
Development, which are not set forth in said Resolution 35, 1992,
in order that there shall be no confusion as to requirements for
development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. Resolution 35, 1992 is hereby amended by setting
forth the following terms and conditions required and in full legal
effect for the development of the "PROSPERITY CENTRE", a Planned
Unit Development, in addition to the requirements contained in
Resolution 35, 1992:
1. The permitted usage shall be and the same
is hereby designated as those usages set
forth in CG-1 General Commercial
District.
2. The sale of alcoholic beverages, under a
Florida SRX license, or any subsequent
designation, in the use of the premises
is hereby approved. A variance to the
distance requirements set forth in the
Palm Beach Gardens Code between premises
upon which alcoholic beverages are sold
is hereby granted.
1 res43.92
3. No building permit shall be issued, until
the drainage and paving plans for
development of the Planned Unit
Development shall be approved by the City
Engineer and all other building
requirements of the Palm Beach Gardens
Code and requirements of other
governmental entities shall be met.
4. A performance bond, letter of credit or
cash funded escrow agreement shall be
posted with the City in requisite form
approved by the City Manager in a sum of
money necessary to assure completion of
paving and drainage together with utility
improvements; and, Petitioner's pro-rata
share (at least one-half) of the P.G.A.
Boulevard median improvements as shown on
Exhibit ttDtt, attached to Ordinance 32,
1988, and improvements to Floral Lane,
prior to issuance of a building permit.
5. Signage, both temporary and permanent,
and any amendments to the approved
landscape plan, in the event necessary,
shall be reviewed and approved by the
City Council by subsequent Resolution.
The intervention or review by the
Planning and Zoning Commission, or the
Site Plan Review Committee, shall not be
required nor shall a public hearing or
publication in a newspaper of general
circulation be required prior to adoption
of such Resolution.
6. No outside speakers shall be used in the
Planned Unit Development.
7. Lighting on site shall be of low level
intensity and shall not spill over onto
residential areas. All lighting on the
East and South sides of the property
shall have a height no greater than six
(6) feet.
8. No deliveries shall be made to the
Planned Unit Development between the
hours of 8:OO P.M. and 7:OO A.M.
No live or taped music shall be permitted
outside any building within the Planned
Unit Development. All internal music
shall be background type music usually
associated with restaurant dining.
10. In the event the Florida Department of
Transportation shall authorize and permit
a traffic signal in the P.G.A. Boulevard
median described in Exhibit iiDtt of
Ordinance 32, 1988 prior to October 20,
1993, Petitioner shall within twenty (20)
days of written request for payment by
the City, shall pay to the City the cost
of such signal and installation thereof.
11. All current requirements of the Palm
Beach Gardens Code shall be met by
Petitioner prior to issuance of a
building permit.
9.
2 res43.92
12.
13.
14.
15.
16.
17.
The Petitioner shall provide cross-access
to the outparcel (Fina gas station) at
the southwest corner of Prosperity Farms
Road and PGA Boulevard, if it is possible
to provide such access in negotiations
with that property owner.
Signage at the ingressfegress points from
where left-turn out only and right-turn
in only shall be provided to avoid
motorist confusion as approved by the
city or its engineer.
The .20 acre area designated as a
"Garden" on the south side of the Planned
Unit Development shall be maintained as
open space by the developer.
All roof mounted equipment including but
not limited to antennas shall be properly
screened so that said equipment shall not
be visible in the line of sight within
1,000 feet of the base line of the
building upon which same shall be
mounted.
No construction traffic shall be
permitted on Kidd Road side of project.
No site work shall proceed until City
Forester has flagged trees on site to be
protected.
Section 2. All Ordinance or Resolutions or parts thereof, in
conflict herewith, are hereby repealed.
Section 3. This Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS THE 21st DAY OF MAY, 1992. -
MAYOR MICHAEL MARTIN0
ATTEST :
~CTING DEPUTY CITY CLERK
VOTE : NAY ABSENT @!
MAYOR MARTINO J
VICE MAYOR RUSSO -7- --
COUNCILMAN ALDRED -7- --
COUNCILWOMAN MONROE 7 -- - -
COUNCILMAN KISELEWSKI J -
3 res43.92
\ ...
CITY OF PALM BEACH GARDENS
105w N. MILITARY TRAIL ' PALM BEACH GARDENS, FLORIDA 3341B4698 * (407) 775-8200
May 26, 1992
Mr. Larry Smith
Gary, Dytrych & Ryan. P.A.
701 U.S. Highway il
North Palm Beach, Florida 33408
Dear Mr. Smith:
Enclosed please find copies of e n- NOS -. 35 and 1992,
which were approved by the City Council at its regular ing on
April 16, 1992, and May 21, 1992, respectively.
Sincerely,
y$3k.@&&pee-
J ckie G. Holloman
Administrative Secretary
Enclosures: as stated
ATTACHMENT 6
February 26,2001
March 20,2001
ORDINANCE 6,2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN APPLICATION FROM MARATHON-
ASHLAND PETROLEUM CORPORATION FOR A RE-
ZONING OF A .8 ACRE PARCEL OF LAND FROM CG-1
GENERAL COMMERCIAL TO CG-1 GENERAL
COMMERCIAL WITH A PLANNED UNIT DEVELOPMENT
OVERLAY ZONING DISTRICT FOR THE PURPOSE OF
DEMOLISHING AN EXISTING 2,177 SQUARE-FOOT
BUILDING AND CONSTRUCTING A NEW 2,337 SQUARE-
FOOT CONVENIENCE STORE WITH GASOLINE SALES,
LOCATED AT THE SOUTHEAST CORNER OF PGA
BOULEVARD AND PROSPERITY FARMS ROAD;
PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR WAIVERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from Marathon-Ashland Petroleum Corporation for approval of a re-zoning
of a .8 acre parcel of land from CG-1 General Commercial to CG-1 General
Commercial with a Planned Unit Development overlay zoning district for the
purpose of demolishing an existing 2,177 square-foot building and
constructing a new 2,337 square-foot convenience store with gas sales,
located at the southeast corner of PGA Boulevard and Prosperity Farms
Road, as more particularly described in Exhibit “A” attached hereto; and
WHEREAS, the .8-acre “Speedway Service Station” site is currently
zoned General Commercial (CG-1); and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the City’s
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of a re-zoning to planned unit development (PUD) known as
Speedway Service Station; and
14
Ordinance 6, 2001
Meeting Date: April 5, 2001
Date Prepared: March 20, 2001
Petition PUD-00-05
WHEREAS, the City’s Planning and Zoning Commission has
reviewed said application and recommended that it be approved with the
requested waivers and subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby approves a re-zoning of a .8 acre parcel of land from CG-1
General Commercial to CG-1 General Commercial with a Planned Unit
Development overlay zoning district for the purpose of demolishing an
existing 2,177 square-foot building and constructing a new 2,337 square-foot
convenience store with gas sales, located at the southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described in
Exhibit “A“ attached hereto; and
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions, which shall be the responsibility of the applicant, its
successors or assigns:
Food and drink provided within the food mart shall be
limited to self-service items only, including (but not limited
to) such items as hot dogs, doughnuts, coffee, or fountain
soda drinks, which customers must select and purchase
without assistance, preparation, or assembly by the
employees of the service station. One microwave oven, for
self-service heating or re-heating of food, shall be allowed.
(Planning and Zoning).
Prior to construction plan approval, the applicant shall
provide a letter of authorization from the appropriate utility
owners allowing the applicant to pave, landscape and place
stormwater management features within their respective
utility easements (City Engineer).
Prior to construction plan approval, the applicant needs to
call out the curb transitions on the Site Plan and provide a
detail for the curb transitions at the entranceways (City
Engineer).
15
(4)
(5)
Ordinance 6, 2001
Meeting Date: April 5,2001
Date Prepared: March 20.2001
Petition PUD-00-05
The applicant shall utilize lighting shields or other similar
mechanics on lights located under the canopy to minimize
the lighting glare emanating from the site (Planning and
Zoning , B u i I d i ng ).
Prior to issuance of building permit, the applicant shall
provide the City an agreement between the adjacent
property owners and the owners of the subject site allowing
the southwest and northeast connections between the
sites. Should the adjacent property owner not agree to the
northeast connection, the applicant shall provide for a
loading space in this location as originally proposed
(Planning and Zoning).
SECTION 3. The following waivers are hereby granted with this
approval:
A waiver from Sections 87 & 88 of the Land Development Regulations
which require a minimum of a 1 acre parcel, to permit a .8 acre parcel of
land to be zoned Planned Unit Development.
A waiver from Section 95 of the Land Development Regulations which
requires a maximum of 10 footcandles, to permit 100 footcandle lighting on
site.
A waiver from Section 87 of the Land Development Regulations which
requires a rear setback of 15 feet, to permit a rear setback of 6.5 feet.
A waiver from Section 105( 12)(b) of the Land Development Regulations
which requires a 12 foot-wide multi-use pathway, to permit a five-foot
sidewalk.
A waiver from Section 179(h) of the Land Development Regulations which
requires a minimum stacking distance of 100 feet, to permit minimum
stacking distances of 32 feet.
A waiver from Section 160(a) of the Land Development Regulations which
requires an eight foot landscape buffer, to permit a 6.5 foot wide landscape
buffer along the southern portion of the property.
A waiver from Section 161(4)(a.2) of the Land Development Regulations
which requires a six foot foundation planting buffer, to permit no foundation
planting in front of the building.
A waiver from Section 136(a) of the Land Development Regulations which
requires a maximum of one wall sign per building, to permit four wall signs.
A waiver from Section 87 of the Land Development Regulations which
requires a minimum 50 foot front setback, to permit a 25.57 front setback
16
Ordinance 6,2001
Meeting Date: April 5, 2001
Date Prepared: March 20,2001
Petition PUD-00-05
(Prosperity Farms Road).
A waiver from Section 185 of the Land Development Regulations which
requires one loading zone, to permit no designated loading zone on site.
A waiver from Section 136 of the Land Development Regulations which
requires a 15 foot setback from property lines, to allow for a 11.35 foot
setback from the property line at the corner of Prosperity Farm Road and
PGA Boulevard.
(10)
(1 1 )
SECTION 4. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City's Growth
Management Department:
Official Exhibits:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
March 1, 2001 Cover and Data Sheet, Lincoln-Allen Engineering, 1
Sheet.
March 20, 2001 Site Plan, Lincoln-Allenh Engineering, Sheet 2
February 2, 1999 Boundary and Topographic Survey, Pulice Land
Surveyor, 1 Sheet
March 1, 2001 Demolition Plan, Lincoln-Allen Engineering, Sheet 5
March 20, 2001 Paving, Grading and Drainage Plan, Lincoln-Allen
Engineering, Sheet 6
March 20, 2001 Utility Plan, Lincoln-Allen Engineering, Sheet 7
March 19, 2001 General Civil Notes, Lincoln-Allen Engineering, Sheet
8
March 1 , 2001 Detail Sheet, Lincoln-Allen Engineering, Sheets9-10
March 20, 2001 Landscape Plan, Lincoln-Allen Engineering, Sheets
L1 -L2
March 1, 2001 Lighting Plan, Lincoln-Allen Engineering, Sheet LP
February 28, 2001 Architectural Elevations, Orlando-Alonso
Architects, Sheets A1-A2
Supporting Documents:
1. September 13, 2000 Traffic Impact Analysis, AVID Engineering, 2
pages.
SECTION 5. Said approval shall be consistent with, and expressly
incorporates, all representations made by the applicant or applicant's agents
at any workshop or public hearing.
SECTION 6. If any section, paragraph, sentence, clause, phrase, or
17
Ordinance 6,2001
Meeting Date: April 5, 2001
Dale Prepared: March 20.2001
Petition PUD-00-05
word of this Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of the Ordinance.
SECTION 7. All ordinances or parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 8. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS ,6 DAY OF~~A. 2001.
PLACED ON SECOND READING THIS,~DAY OF,/L, do01
OF Ap~La0Ol.
VYS
COUNCILl&N CARL SABATELLO
ATTSS.IT BY:
CAROLGOL (qd , Me
CITY CLERK"
18
Ordinance 6.2001
Meeting Date: April 5,2001
Date Prepared: March 20,2001
Petition PUD-00-05
APPROVED AS TO LEGAL
FORM ANWUFFIWNCY BY:
CITY M~RNEY
I9
/ BSE VOTE: AYE IT
MAYOR RUSSO /
VICE MAYOR FURTADO J COUNCILMAN JABLIN J
COUNCILMAN CLARK J
COUNCILMAN SABATELLO J
\\FILE-SRWCOMPROG\Short Range\pud0005ord.doc
Ordinance 6, 2001
Meeting Date: April 5, 2001
Date Prepared: March 20, 2001
Petition PUD-00-05
EXHIBIT “A”
20
LEGAL DESCRIPTION:
THAT PORTION OF A 200.00 FOOT BY 200.00 FOOT PARCEL OF LAND
LOCATE0 IN THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF
SECTlON 5. TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, DESCRIBE0 AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECTION 5; THENCE SOUTH 88
DEGREES 29 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF
SAID SOUTHEAST 1/4 OF SECTION 5 AN0 ALONG ME BASELINE OF'
SURVEY FOR P.G.A. BOULEVARD (STATE ROAD 74) AS SHOWN IN
ROAD PLAT BOOK 5. PAGE 189 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA FOR 157.12 FEET; THENCE SOUTH 01
DEGREES 30 MINUTES 01 SECONDS WEST FOR 58.00 FEET TO A
OF SAID P.G.A. BOULEVARD (STATE ROAD 74) AN0 THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND;
THENCE SOUTH 88 DEGREES 29 MINUTES 59 SECONDS EAST ALONG
SAID SOUTH RIGHT-OF- WAY LINE OF P.G.A. BOULEVARD -(STA-TE
ROAD 74) FOR 89.03 FEET TO A POINT OF CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG
SAID SOUTHERLY RIGHT-OF-WAY LINE OF P.C.A. BOULEVARD (STATE
ROAD 74) AND THE ARC OF SAID CURVE HAVlNG A RADIUS OF
11.513.16 FEET AND A CENTRAL ANGLE OF 00 DEGREES 21 MINUTES
47 SECONDS FOR 72.95 FEET TO A POINT OF TERMINATION ALONG
THE ARC OF SAID CURVE, WllH SAID POINT OF TERMINATION
BEARING SOUM 01 DEGREES 08 MINUTES 14 SECONDS WEST FROM
THE CENTER OF SAID CURVE; THENCE SOUM 01 DEGREES 29
MINUTES 00 SECONDS WEST FOR 182.23 FEET: THENCE NORTH 88
DEGREES 29 MINUTES 59 SECONDS WEST FOR 194.99 FEET TO A
POINT OF INTERSECTION WlTH THE EASTERLY RIGHT-OF-WAY LINE
OF PROSPERITY FARMS ROAD; THENCE NORTH 01 DEGREES 29
MINUTES 00 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY
LINE OF PROSPERITY FARMS ROAD FOR 148.99 FEET TO A POINT;
MENCE NORTH 46 DEGREES 29 MINUTES 30 SECONOS EAST FOR
46.68 FEET TO THE POINT OF BEGINNING.
POINT OF INTERSECTlON WlTH THE SOUTHERLY RIGHT-OF-WAY LINE:
D aaeriar' G 7 n -- ---- -e*-- -- .I _r PROSPERIN FARMS ROAO
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AVALUME
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mounts directly to a pole or wall without the need of a separate
support arm. The low profile rounded form reduces the E.P.A.
(Effective Projected Area) of the luminaire to only 1.1 square feet
(0.10 square meters).
DOOWLENS ASSEMBLY The door frame is single-piece diecast
aluminum and retains an optically clear tempered flat glass lens.
The diecast aluminum lens frame hinges down from the housing
and is secured by a stainless steel lanyard and hinge pin. The
tempered flat glass lens is mechanically secured with four (4)
retainers. The electrical and optical chambers are thoroughly
sealed with an extruded one-piece memory retentive extruded
silicone gasket to prevent intrusion from moisture, dust, insects and
other contaminants.
OPTICAL SYSTEMS: The segmented reflector system consists of
two tiers of highly specular aluminum facets, precisely aligned to
achieve specific photometric distributions. Optical systems are of
the fixed position type with the lampholder be positioned on the
arm-side of the luminaire.
The position-c
with a nickel pl
Fluorescent IUI
glass lens (M1
ELECTRICAI
component tyf
will carry no n
U.L. for use ai
listed by U.L
fluorescent ba
FINISH: Eac
abrasion res
triglycidal isoc
Standard colo
Natural Alum
custom colors.
LABELS: All
Location label:
-2O"F/-.29"C.
5.38'
13.70 c
41.90 16.50" cm -- 1 ~ 6.83'
17.40 cm
Q Copyright EMCO Ughtlng 2004-2006. Ail Rlghts Reserved. international
Cqqrighl Secured. EMCO Ughtlng reserves the rlghl to change material6 or
modify the design of Its pmdud without notlfication as part of the companfs
continuing product improvemant program.
A Genlyte Company
EMCO Lighting
161 1 Clovis Barker Road
sari M~~~~, TX 78666
!nted mogul base lampholder is glazed porcelain
?d screw shell.
iaires use a Medium Throw reflector with a Solitd
Each high power factor ballast is the separate
capaMe of providing reliable lamp starting down to
mponent to component wiring within the luminaire
e than 80 percent of rated current and is listed by
IO VAC at 150°C or higher. Plug disconnects are
ir use at 600 VAC, 15 A or higher. Standard
its are solid state.
jtandard color luminaire receives a fade and
ant electrostatically applied thermally cured
Jrate (TGIC) textured polyester powdercoat finish.
indude Bronze (BRP), Black (BLP),, White (WP),
im (NP). Consult factory for specifications on
ninaires bear U.L. or C.U.L. (where applicable) Wet
I-- 16.00" -1
40.60 cm
E PA
1 2% i.iw 2.2 ft2 2.7~
0.10 mz 0.20 m' 0.25 m'
Mth House Side Shield
1.2 ft2 2.2 ft2 3.2 ft'
0.11 m' 0.20 m' 0.30 in'
1 2%
mEMCO :BOO) 227-0758
:512) 753-1000
4X: (512) 753-7855
Nww.sitelighting.com S!E LIGHTING
7921 5-5610306
Notes: Job
Type:
AVALUME
The EMCO Avalume is a rectilinear area luminaire defined by its sleek rounded profile
construction. The housing is one-piece, diecast aluminum and mounts directly to a pole or wall
need of a separate support arm. The multifaceled arc-image duplicating optical systems providts
111 and IV distributions. The door frame is single-piece diecast aluminum and retains an
tempered flal glass lens. The luminaire is completely sealed and gasketed preventing
moisture, dust and insects. The Avalume luminaires are finished with a fade and abrasion
powdercoat.
PREFIX CONFIGURATION DISTRIBUTION WAlTAGE ip VOLTAQE FINISH OPTIONS
dnd rugged
without the
IES Tpes
oplically clear
intrJsion from
resstant TGlC I
I I
Enter the Mder code into the appropriate box above. Note: Gardco reserves the right to refuse a configurati . Not all combinations and configurations are valid.
Refer to notes below fw exclusions and limitations. For questions ci concerns, please consult the factory.
1
2
2@90
3
38120"
4
W
ws
Single Pole Mount
Twin Pole Mount at 180"
Twin Pole Mount at 90"
3-way Pole Mount at 90'
3-way Pole Mount at 120"
4-way Pole Mount
Wall Mount
Wall Mount with Surface Conduit
IES Type 111
IES Type IV Forward Throw
NO E Type ill retlectors ship as Type F.
Removal of an insert converts the reflector to Type 3.
5 IES Type V
MT Medium Throw with Solie"" Lens (fluorescent only) ::
1SOHPS 100MH' 250PSMH
25OHPS 15OMH' 320PSMH (2)6OCF
400HPS 175MH 350PSMH (3)42TRF
250MH 400PSMH
400MH' HPS - High Pressure Wum
MH-WlHabi%
PSMH . PWSS Start Metal Halida
CF ~ Compact fluorescent
JRF - Triple Tube Compact fluorescenl
1. usss E28 mwul base lam0
BRP Bronze Paint
BLP Black Paint
WP White Paint
NP Natural Aluminum Paint
BGP Beige Paint
OC Optional Color Paint
SC Special Color Paint
.sjwyRALdesignalh axroGRALm4
specn)c Musrsqoplycu~chip
HS
LF
PC
PCR
MF
PTF2
PTF3
PTF4
OS
WG
POLY
In-Poldn-Line (Kif includes In-Line Fuses)
I (Not amifable with 48OV)
Wire Guard
mEMCO 0 Copyright EMCO Lighting 2004-2006. All Rights Reserved. International
Wright Secured. EMCO Ughtlng reserves the rbht to chenge materials or
modify Re design of its product without notlficatlon as pari of the company's
continuing producl improvement program. www.sitelighting.com ?!!!!!E LIGHTING
(800) 227-0758
A Genlyle Company 79215-5610306
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ORDINANCE 2,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING;
REZONING A PARCEL OF LAND CONSISTING APPROXIMATELY
OF 0.80 ACRES, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF PGA BOULEVARD AND PROSPERITY FARMS
ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM
GENERAL COMMERCIAL (CG-1) TO A PLANNED UNIT
DEVELOPMENT (PUD) OVERLAY WITH UNDERLYING GENERAL
COMMERCIAL (CG-1) ZONING,TO BE REFERRED TO AS THE
“SUNOCO SERVICE STATION”; AMENDING THE ZONING
DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received Petition PPUD 06-09-000011 from S&S
Rentals, Inc. for rezoning from General Commercial (CG-1) to Planned Unit
Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1)
for an 0.80-acre parcel of land, generally located at the southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described herein, to be
referred to as the iiSunoco Gas Station”: and
WHEREAS, the subject site has a General Commercial (CG-1) zoning
classification and has a land-use designation of Commercial (C); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application
at its January 9, 2007, meeting and recommended approval of the rezoning to the City
Council with a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that this Ordinance is consistent
with the City’s Comprehensive Plan.
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: January 29, 2007
Ordinance 2, 2007
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the rezoning of the parcel of land, as more particularly described below, from
a General Commercial (CG-1) zoning designation to a Planned Unit Development
(PUD) Overlay with an underlying General Commercial (CG-1) zoning designation to be
referred to as the “Sunoco Service Station”:
LEGAL D ESC RI PTI 0 N :
SUNOCO SERVICE STATION
PARCEL “A PGA SPEEDWAY PLAT, ACCORDING TO THE PLAT THEREOF, ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 92, PAGE 105.
SECTION 3. The City Manager is hereby authorized and directed to make
appropriate changes on the Zoning District Map of the City to effectuate the purpose of
this Ordinance.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page eft intentionally blank)
2
Date Prepared: January 29, 2007
Ordinance 2, 2007
4 1 PASSED this /$ day of M rlKC /i ,2007, upon first reading.
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3 PASSED AND ADOPTED this day of ,2007, upon second
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and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
.- 47 G:\attorney-share\ORDINANCES\sunoco service station rezoning - ord 2 2007.doc
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RESOLUTION 19,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AND
MAJOR CONDITIONAL USE FOR THE 0.80-ACRE PARCEL OF
LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
PGA BOULEVARD AND PROSPERITY FARMS ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS
THE “SUNOCO SERVICE STATION”; ALLOWING THE
REDEVELOPMENT OF THE EXISTING CONVENIENCE STORE
WITH GAS SALES; PROVIDING FOR WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City has received Petition PPUD 06-09-000011 from S&S
Rentals, Inc. for a site plan and major conditional use approval to allow the demolition of
an existing gas station and the construction of a new convenience store with gas sales
on the 0.80-acre site, generally located at the southeast corner of PGA Boulevard and
Prosperity Farms Road, as more particularly described herein, to be referred to as the
“Sunoco Service Station”; and
WHEREAS, the subject site has a land-use designation of Commercial (C) and a
General Commercial (CG-1) zoning classification; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application
at a public hearing at its January 9, 2007, meeting and voted 7-0 to recommend its
approval to the City Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: January 29, 2007
Date Prepared: January 29, 2007
Resolution 19, 2007
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SECTION 2. Petition PPUD 06-09-00001 1 from S&S Rentals, Inc. is hereby
APPROVED on the following described real property to allow the redevelopment of an
existing gas station, generally located at the southeast corner of PGA Boulevard and
Prosperity Farms Road, subject to the conditions of approval contained herein, which are
in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRl PTlON :
SUNOCO SERVICE STATION
PARCEL “A PGA SPEEDWAY PLAT, ACCORDING TO THE PLAT THEREOF, ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 92, PAGE 105.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following eight (8) waivers:
1.
2.
3.
4.
5.
6.
7.
0.
Section 78-1 53, Table 12, Nonresidential zoning district regulations, to
reduce the front setback by 24.24 feet.
Section 78-1 53, Table 12, Nonresidential zoning district regulations, to
reduce the required side setback by 8.5 feet.
Section 78-1 54, Table 14, PUD - Planned unit development overlay district,
to reduce the minimum PUD size to .80 acre.
Section 78-285, Table 24, Permitted signs, to permit a total of 4 wall signs.
Section 78-285, Table 24, Permitted signs, to permit a monument sign
within the minimum right-of-way setback of 15 feet.
Section 78-31 9(a), Minimum landscape buffer and planting requirements, to
reduce the required landscape buffer along the southern property line by 1.5
feet.
Section 78-320(4), Foundation landscaping and planfings, to waive the
foundation landscaping and plantings.
Section 78-364(a), Number of loading spaces required, to waive the
requirement for one (1) loading space.
SECTION 4. This approval is subject to the following conditions of approval,
which shall be the responsibility of the Applicant, its successors, or assigns:
2
Date Prepared: January 29, 2007
Resolution 19, 2007
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Planning & Zoning
1.
2.
3.
4.
The property owner shall provide to the Palm Beach County Land
Development Division a road right-of-way deed and all associated
documents as required by the County Engineer for additional right-of-way
on PGA Boulevard adjacent to the property. Right-of-way deed(s) and
associated documents shall be provided to Palm Beach County no later
than 90 days from the date of approval of this Resolution. Right-of-way
conveyance shall be free of all encroachments and encumbrances.
Property owner shall provide Palm Beach County with sufficient
documentation acceptable to the Right-of-way Acquisition Section to ensure
that the property is free of all encumbrances and encroachments. The
Grantor further warrants that the property being conveyed to Palm Beach
County meets all appropriate and applicable environmental agency
requirements. In the event of a determination of contamination which
requires remediation or clean-up on the property now owned by the Grantor,
the Grantor agrees to hold the Grantee harmless and shall be responsible
for all costs of such clean-up, including, but not limited to, all applicable
permit fees, Engineering, or other expert witness fees, including Attorney’s
fees, as well as the actual cost of the clean-up. Thoroughfare Plan Road
right-of-way conveyances shall be consistent with Palm Beach County’s
Thoroughfare Right-of-way Identification Map and shall include, where
appropriate, provisions for Expanded Intersection Details and “Corner
Clips.” The property owner shall not record these required deeds or related
documents. After final acceptance, Palm Beach County shall record all
appropriate deeds and documents. (Engineering, Planning & Zoning, City
Attorney)
Food and drink provided within the food mart shall be limited to self-service
items only, including, but not limited to, such items as hot dogs, doughnuts,
coffee, or fountain soda drinks, which customers must select and purchase
without assistance, preparation, or assembly by the employees of the
service station. (Planning & Zoning)
Prior to the issuance of the first building permit, the Applicant shall post
escrow or make payment in lieu for Art in Public Places in accordance with
the City’s LDR. If the Applicant is proposing art on site, an application for
art approval shall be submitted prior to the issuance of the first building
permit, and the art shall be approved prior to the issuance of the first
Certificate of Occupancy. If the art is not approved prior to the issuance of
the first Certificate of Occupancy, the City shall have the option of
withdrawing the escrow. (Planning & Zoning)
Prior to the issuance of the first building permit, the Applicant shall install a six-
foot tall construction fence with a privacy tarp around the entire property line.
(Planning & Zoning)
3
Date Prepared: January 29, 2007
Resolution 19, 2007
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5.
6.
7.
8.
9.
10.
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12.
13.
14.
The Applicant shall coordinate and receive approval from the Growth
Management Administrator prior to the closing of any public sidewalk.
(Planning & Zoning)
Per Section 78-221 (h)(3), trademark forms and colors shall not be permitted
on the building and associated structures, including the canopies. However,
trademark forms and colors shall be permitted on the gasoline pump stations.
(Planning & Zoning)
All wall signage on the canopy shall be restricted to channel lettering only.
(Planning & Zoning)
All signage for the building and associated structures, including the
canopies, shall be approved by separate application. (Planning & Zoning)
The lighting source from the canopy shall be recessed so that there is no
off-site glare or lighting spillover into PGA Boulevard and Prosperity Farms
Road. (Planning & Zoning)
Prior to the issuance of the Certificate of Occupancy, all roof-top mechanical
equipment shall be screened from view. (Planning & Zoning)
At no time shall staging of construction vehicles and/or service vehicles
occur within a public right-of-way. (Planning & Zoning)
Prior to the issuance of a building permit, the Applicant shall provide cross-
access agreements with the owner of the shopping center (Prosperity
Centre) adjacent to the site in order to facilitate the construction of the
cross-access points at the southern and eastern property lines. The
agreement shall be subject to the review and approval of the City Attorney.
(Planning & Zoning, Engineering)
Prior to the issuance of a Certificate of Occupancy, the Applicant shall
construct the cross accesses to the south and east in accordance with the
approved plans, and subject to the review and approval of the City
Engineer. (Planning & Zoning, Engineering)
All utilities shall be located underground pursuant to Section 78-221 (i).
(Planning & Zoning, Engineering)
Enqineerinq
15. Prior to construction plan approval, the Applicant shall provide a letter of
authorization from the appropriate utility owners allowing the Applicant to
pave, landscape, and place storm water management features within their
respective utility easements. (City Engineer)
4
Date Prepared: January 29, 2007
Resolution 19, 2007
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16.
17.
18.
19.
20.
21.
22.
23.
Prior to construction plan approval, the Applicant shall call out the curb
transitions on the site plan and provide a detail for the curb transitions at the
entrance ways. (City Engineer)
Prior to the issuance of any land clearing permits, the Applicant shall revise
the approved plans as follows: (City Engineer)
a. Revise the location of the stop sign shown at the northwest corner of the
proposed building on all plans. The proposed stop sign shall be placed
outside of the five-foot sidewalk.
b. Provide a stop sign and stop bar for the ingress from Prosperity Centre
into the Sunoco site.
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a cost estimate and surety in
accordance with LDR Sections 78-309 and 78-461, and a cost estimate for
on-site project improvements, not including public infrastructure or
landscaping and irrigation costs for review and approval by the City. The
cost estimates shall be signed and sealed by an engineer and/or a
landscape architect licensed in the State of Florida. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of the surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant’s
responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
sub mi t si g n ed/seal ed/da ted con st ru cti on plans ( pavi ng/g rad i n g/d rai nage
and waterkewer) and all pertinent calculations for review and comment.
(City Engineer)
The Applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division equivalency and
concurrency approval letter. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
The Applicant shall copy to the City all permit applications, permits,
certifications and approvals. (City Engineer)
5
Date Prepared: January 29, 2007
Resolution 19, 2007
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24. The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
25. The build-out date for the Sunoco Service Station shall be December 31,
2008, unless extended in accordance with City Code Section 78-61. (City
Engineer)
La n dsca pi n q
26. Prior to the issuance of the first building permit for the proposed building,
the Applicant shall submit the landscape plans approved by all applicable
utility companies (i.e., FP&L and SUA) for review and approval by the City.
(City Forester)
27. The Applicant shall maintain all roadway (medians and shoulders)
landscaping adjacent to the northern property line of the subject property
along PGA Boulevard and adjacent to the western property line along
Prosperity Farms Road. This responsibility shall include the grass strip at
the northwest corner of the property and any future median landscaping
along PGA Boulevard and Prosperity Farms Road in the locations described
above. This condition may be amended at any time by a mutual agreement
between the City and the Applicant. (City Forester)
28. Prior to the issuance of the Certificate of Occupancy, the Applicant shall
install all required buffer plantings in accordance with the approved
landscape plan. (City Forester)
Police
29. Prior to the issuance of the Certificate of Occupancy, the Applicant shall
comply with the following conditions of approval related to Crime Prevention
Through Envi ron men ta I Design (C PTE D) :
a. Lighting locations and building addresses shall not conflict with
landscaping, including long-term tree canopy growth. (Police)
b. Lighting on the building shall be around the perimeter of all sides and on
pedestrian walkways surrounding the building. (Police)
c. Metal halide lighting shall be installed for parking lot and pedestrian
walkways. (Police)
d. Install convex mirrors and keep signs and shelves low, where they don't
obstruct employee view. (Police)
6
Date Prepared: January 29, 2007
Resolution 19, 2007
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e. Install a drop safe and have signage indicating that little cash is kept on
hand. (Police)
f. Install video surveillance equipment and closed circuit TV (CCTV) to
deter robberies by increasing the risk of identification. (Police)
g. Install silent alarms to notify police in the event of a problem. (Police)
h. Limit access into the store during late night hours by installing bullet-
resistant enclosures with pass-through windows. (Police)
12 i. Put height markers on exit doors to help witnesses provide more
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complete descriptions of assailants. (Police)
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j. Use door detectors to alert employees when persons enter the store.
(Police)
k. Control access to the store with door buzzers for nighttime use or closing
hours. (Police)
30. The Applicant shall lock all doors when the facility is not in use. (Police)
Miscellaneous
31. Prior to the issuance of the Certificate of Occupancy, digital files of the
approved civil design and architectural drawings, including floor plans, shall
be submitted to the Planning and Zoning Division. (GIs Manager,
Development Compliance Officer)
32. The Applicant shall notify the City’s Public Works Division at least 10
working days prior to the commencement of any workkonstruction activity
within any public right-of-way within the City of Palm Beach Gardens. In the
case of a City right-of-way, the Applicant has at least five working days to
obtain a right-of-way permit. Right-of-way permits may be obtained from the
Building Division. Failure to comply with this condition could result in a
Stop-Work Order of all workkonstruction activity within the public right-of-
way and the subject development site. (Public Works)
SECTION 5. The property shall be constructed in compliance with the following
plans on file with the City’s Growth Management Department:
1. Sheet AO.l: Site Plan, prepared by Richard Wensing, Architects and
Planners, PA, dated December 2, 2005, and received and stamped by the
Planning and Zoning Division on February 9, 2007.
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Date Prepared: January 29, 2007
Resolution 19, 2007
2. Sheets LP-1 of 2, LP-2 of 2: Landscape Plan, prepared by Jon E. Schmidt
and Associates, last revised on February 5, 2007, and received and
stamped by the Planning and Zoning Division on February 5, 2007.
3. Sheets A-I, A-4, and A-4A: Architectural Floor Plans and Elevations,
prepared by Richard Wensing, Architects and Planners, PA, dated
December 2, 2005, and received and stamped by the Planning and Zoning
Division on February 9, 2007.
SECTION 6. This approval shall be consistent with all representations made by
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the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 29, 2007
Resolution 19, 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 SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\sunoco service station - reso I9 2007-revised-final.doc
9
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10.2007
SubjectlAgenda Item:
Ordinance 10,2007: Code Amendment, creating Section 78-193, entitled “Employer Sponsored
Housing” and amending Section 78-751, entitled “Definitions.”
Second Reading and Public Hearing: A request by Stephen Mathison on behalf of Frenchmen’s
Creek, Inc., for approval of a text amendment to Chapter 78, Code of Ordinances, Article V,
Supplementary District Regulations, Division I, General Standards, by creating Section 78-1 93,
entitled “Employer Sponsored Housing” and amending Section 78-75 1, entitled “Definitions.” This
amendment provides for an increase in the number of persons not related by blood or marriage
allowed to occupy a residential unit from four to five if certain criteria are met.
[XI Recommendation to APPROVE
[ 1 Recommendation to DENY
Reviewed by:
Ph&i Manager
Brad Wiseman
City Attorney
Development Compliance
Bahareh Wolfs, AICP
NA
P&Z Division
Director
Tala1 Benothman, AICP
Growth Manag
Administrator &
Kara Irwin, AICP
Originating Dept.:
Growth Management:
Project
Manager rfi
Sr. Planner
[ ] Quasi-Judicial
[ X ] Legislative
[ X ] Public Hearing
Stephen Mayer L
Advertised:
Date: 5/2/07
Paper: Palm Beach Post
[ X ] Required
/’
zffected parties:
[ X ] Notified
FINANCE:
I 1 By K. Labdiere
Fees Paid [ Yes ]
per memo 4/27/07
Costs: $-NIA
Total
$- NIA-
Current FY
Funding Source:
[ ] Operating
[XI Other-N/A
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Applicant’s narrative
0 Ordinance 10,2007
Analysis of Palm
Beach Gardens
Workforce
0 Palm Beach County
Workforce Housing
Needs Assessment
0 Letters of Support
(Mirasol, Charming
Corporation, Comerica
Bank, Forbes, Lydian
Bank, PGA Corridor
Association and Seacoast
National Bank)
0 Notice of Public
Hearing
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
EXECUTIVE SUMMARY
The subject petition is a proposed amendment to the Land Development Regulations (LDRs) to
create Section 78-193 and add a definition to Section 78-751, in order to provide for an employer
sponsored housing program. Currently, the Code of Ordinances limits the occupancy of a residential
unit to no more than four persons not related by blood or marriage. The Applicant proposes an
Employer Sponsored Housing (ESH) program that would allow an employer to house up to five
employees not related by blood or marriage in a multi-family unit if certain criteria are met. On March
27,2007, the Planning, Zoning and Appeals Board (PZAB) voted 3-2 to recommend denial of the
proposed amendment to the City Council. On May 3,2007, the City Council voted 4 to 1 to approve
the petition on first reading with modifications. Staff recommends approval of Ordinance 10,2007.
BACKGROUND
The Applicant is requesting an amendment to the LDRs to create Section 78-1 93 and add a definition
to Section 78-751, in order to provide for an employer sponsored housing program. Employer
sponsored housing is a private sector venture initiated when an employer voluntarily provides living
quarters for their employees with property they have purchased. Employer sponsored housing is a
growing trend within private sector employers, such as, exclusive service markets (Golf Clubs, Hotel
or Conference Centers) and large corporate offices and headquarters. Currently, the City Code
allows a maximum occupancy rate of four persons not related by blood or marriage in a dwelling.
The Applicant proposes an ESH program that would allow an employer to house up to five
employees not related by blood or marriage in a three bedroom unit or a two bedroom unit with a
den. The Applicant proposes to limit the program to multi-family developments and have proposed
qualifications linked to an annual management plan that reflects to maintain the integrity of the
residential communities. In consultation with the applicant, staff has revised the proposed code
amendment for clarity and included additional regulations to hrther protect the public health, safety
and welfare.
CITY CODE AMENDMENT
The following is the language proposed by the Applicant: (Deletions are stmek, new language is
underlined):
Sec. 78-1 93. Employer SDonsored HousinP.
(aJ Puruose. Employer SDonsored Housing. pursuant to the criteria and limitations
provided herein, will assist in meeting housing needs in the City by allowing the
implementation of an approved management plan for providing employee living
auarters at appropriate locations.
(b) Permitted Locations. Employer Sponsored Housing programs shall be limited to a
2
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
multi-family development with a minimum of 500 dwelling units.
Criteria. The Applicant shall demonstrate compliance with the following criteria at
time of application:
@
(I)
(2)
(3)
(4)
0
The application shall be submitted by a single employer whose place of
business is located within the City of Palm Beach Gardens.
The application shall be solely for providing employee living quarters.
Permitted Locations. Employer Sponsored Housing promarm shall be limited
to a multi-family development with a minimum of 500 dwelling units. Each
residential buildinn within a permitted development shall contain a minimum
of five (5) dwelling units.
Occupancy shall be limited to a maximum of five (5) unrelated persons
occupying a three (3) bedroom unit or a two (2) bedroom unit with a den. The
altering; of existing floor plans is prohibited.
The Applicant shall be the owner or lessee of a minimum of ten (1 0) dwelling
units within the multi-family development. and there shall be no more than an
=repate maximum of five percent (5%) of the units in said development
participating in the program. If the owner is not the Applicant, the Applicant
shall submit a notarized affidavit indicating the owner’s consent to participate
in the program.
(d) Manaaement Plan. At time of application, the Applicant shall provide a management
plan, which at a minimum shall contain the following; elements:
0
(2)
(3)
(4)
0
(6)
Documentation that demonstrates that the application meets the criteria for
the program.
Provision for a single point of contact responsible for the program.
A plan for transportation of employees to and fi-om the place of employment.
Estimated life of Employer Sponsored Housing program.
Estimated turnover of occupancy of employees, i.e. minimum months’ stay for
each employee.
Examples of any additional elements to the management plan that would
benefit employees andor mitigate potential impacts to the community as
requested by the City.
3
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
(7) If a two bedroom unit with a den is used in the program. the Applicant shall
demonstrate that adequate parking is being provided by meeting the minimum
requirements in accordance with City Code, or by restricting the number of
parking spaces used to two spaces.
(8) Written consent of any applicable Homeowners’ or Property Owners’
Association signed by an authorized representative of the Association.
Review. Approval and Appenl. All Employer Sponsored Housing applications shall
be reviewed by Growth Management Staff and shall be approved in writing by the
Growth Management Director only upon demonstration by the Applicant of
compliance with Sections (b), (c), and (d) above. Upon denial of an application. the
Applicant may appeal the Growth Management Administrator’s decision in
accordance with City Code. Upon approval of the application. the Applicant shall
maintain the Employer Sponsored Housing program for a minimum of five (5) years.
Annual Report. For a minimum period of five (5) years after approval of the
Employer Sponsored Housing application, the Applicant shall provide an annual
report on the anniversary of approval, demonstrating continued compliance with
Sections (b), (c), and (d) above. Should the Applicant continue the Employer
Sponsored Housing program beyond the minimum five (5) year period, the said
Applicant shall file with the Growth Management Director annual reports
demonstrating; such compliance until the Employer Sponsored Housing program is
terminated, either by the Applicant or as set forth in Section (g) below.
Revocation/Termination. An approved Employer Sponsored Housing program shall
be revoked or terminated upon the following:
(1) The A~plicant’s failure to maintain the Employer Sponsored Housing promam
in accordance with Sections (b), (c), and (d) provided herein, including, but
not limited to, compliance with all aspects ofthe approved management plan.
(2) The Applicant’s failure to file an annual report, as required herein or the
Applicant’s failure to demonstrate continued compliance with the approved
program in an annual report.
(3) The sale of any dwelling unit included in the plan.
(h) Effect of Revocation/Tei-minntion. Upon revocation or termination of an approved
Employer Sponsored Housing plan, occupancy of any units included in the approvedplan
shall be limited to a maximum of four (4) unrelated persons or as otherwise provided for
in the Code of Ordinances.
4
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
Sec. 78-751 Definitions.
Add the following definition to Section 78-75 1 :
Em-plqvev sDonsored housinn means a multi-family dwelling approved by the City as part of the
Employer Sponsored HousinP program, designed solely to house employee living quarters at a
maximum occupancy of 5 persons not related by blood or marriage, living together as a single
housekeeping unit in a three bedroom or a two bedroom with a den.
STAFF ANALYSIS
The purpose of the Employer Sponsored Housing (ESH) program is to create opportunities for
employers within the City to provide living quarters for their employees. The Applicant is requesting
that the City raise the maximum occupancy by one additional non-related person for housing units
approved as part of the ESH program. Currently, the City Code allows a maximum occupancy of
four persons not related by blood or marriage in a housing unit. This is based on the definition of
family, which states, “. . .The term shall also include a group of not more than four persons not related
by blood or marriage, living together as a single housekeeping unit in a dwelling.” The Applicant has
expressed that allowing up to five persons not related by blood or marriage would assist City
employers in housing their employees.
1 t is staffs professional opinion that the goal of assisting City employers in meeting their employees
housing needs would be beneficial to the City. Staff notes that the Palm Beach County median
income has not kept pace with the cost of housing, which is especially problematic for employees
making below the median income level. As a result of this trend, meeting the housing needs of said
individuals has become increasingly difficult. Please note that according to the updated “Data and
Analysis” for the City’s Comprehensive Plan, written in May 2006, “a booming housing market has
widened the gap for the working class to purchase a home.” In that report, it is noted that the
County’s housing costs have increased more than 150 percent between 1994 and 2004. Meanwhile,
income levels have been relatively stagnant; the median wage did not change in a two-year period
between 2005 and 2006.
Staff supports the Applicant’s proposed criteria in order to enter the ESH program. Staff supports
limiting the program to a single employer whose place of business is located within the City of Palm
Beach Gardens. This ensures responsive and direct control over the employers living quarters and
eliminates the need for multiple points of contact. The program is only intended for employers to
provide living quarters and the floor plan of the units would not be allowed to be modified. Staff
supports the use of a den or flex-space, but the Applicant must demonstrate that the use ofthe den as
a bedroom will have adequate parking required by code, or the multi-family dwelling will be limited to
two parking spaces. Staff notes that parking is not required for a den, but City Code requires each
bedroom to be parked at 1 space per bedroom. Therefore, the use of a den as a bedroom will increase
the required parking by one additional parking space for each conversion, unless the ESH
5
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
management plan restricts the number of parking spaces that will be used to two spaces.
It is staffs professional opinion that the program should be limited to multi-family developments with
a minimum of 500 dwelling units in neighborhoods with residential buildings with 5 or more units
under one roof. Staff proposed an increase in the threshold fiom 250 to 500 because many of the
developments that are between 250 and 500 units are not in areas that are: 1) centrally located; 2)
near existing or potential transit routes and stations; 3) near the employment center of the city; and 4)
near the Regional Center Development of Regional Impact (DRI). Staff notes that the person
benefiting fiom employer sponsored housing may be auto-independent and will need to live close to
transit, work and shopping opportunities.
In order to ensure a substantial commitment by the employer, staff recommends that the ESH
Applicant be the owner or lessee of a minimum of ten (1 0) dwelling units within a multi-family
development. Staff also notes that this number makes the program manageable for staff. If the
number were reduced or eliminated, it would increase the potential number ofdifferent employers that
could enter into the program. For example, with the proposed limit of ten, only two different
employers may use the program within a community of 500. However, if the limitation is removed,
there could be up to 25 programs guided by 25 different management plans within a single
community. As a result, the staff oversight for this amount of employers may prove to be
problematic.
Staff recommends that no more than an aggregate maximum of five percent (5%) of the total units in
any development may have units included in the program. The staff reasoning for recommending the
limitation is to ensure the home ownership of a community is not controlled by a single employer for
the purpose of providing living quarters, and to ensure the program is not concentrated to one
development in the City.
As shown in the table below, two individual multi-family developments have more than 500 units and
have buildings with five or more units under one roof, and therefore are eligible for the program.
Please note that the program is only eligible for multi-family developments that have over 500 units,
and does not include, as an example, a cumulative count of more than one multi-family development
within a Planned Community Development. Staff notes that a development such as Union Square is
rental units and not condominium products. A development such as this would be eligible for the
program; however, the proposed code amendment requires consent fiom the property owner.
Development Name # of MF
Units
San Matera * Rental developments
Staff finds that the minimum threshold of 500 multi-family units is large enough to limit the program
to only those developments that have the infiastructure and size to support the additional occupancy
6
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
per housing unit and that these developments are near the necessary amenities, such as transit,
employment and shopping opportunities. Please be advised that San Matera is the largest compact
niulti-family project in the City at this time.
Staff recommends that a management plan be submitted with the initial application and on an annual
basis. The required management plan and annual updates must provide staff information that will
assist in determining if the program minimizes the potential impact of the program on the residential
neighborhood it is located. The plan must provide documentation that demonstrates that the
application meets the criteria for the program. The plan must also contain reference information, such
as, a single point of contact in case of any Code violation; plans for employee transportatiodparking;
an estimated length of the Employer Sponsored Housing program; a consent letter fi-omthe applicable
HOA or POA; and the estimated turnover of occupancy of employees @e. minimum months’ stay for
each employee).
Consistency with Comprehensive Plan
HoiisinP Element:
Policy 3.1.1.1.: The City shall continue to provide information, technical assistance, and incentives to the
private sector to maintain a housing production capacity sufficient to meet the projected demand.
In stafl’sprofessional opinion there is demund for employer sponsored housing and allowing an increase
in the maximum occupancy rate would create reasonable opportunities for employers to provide this type
of housing. The proposed regulations would be beneficial to the City by aiding employers ’ eflorts to
house employers within the City.
Policy 3.1.1.3.: The City shall ensure proposed ordinances, codes, regulations, and changes to the
permitting process do not create excessive requirements, and the City shall continue to amend or add other
requirements in order to maintain or increase private sector participation in meeting the housing needs,
while continuing to insure the health, safety, and welfare of the residents.
The proposed amendment to the City Code does increase private sectorparticipation in meetinga spxijic
housing demand for employer sponsored housing, while creating a management plan that insures the
heulth, scfety and welfare of the residents.
Policy 3.1.1.4.: The City shall maintain development regulations which include site selection criteria for
the location of housing which shall consider accessibility, convenience, and infiastructure availability.
Stcfffconsidered site selection criteria by ensuring that the program is limited to large scale multi-jiamily
housing developments. Please note that these, large scale multi-family housing developments are
geriernlly located in areas that are accessible by mr!jor arterials and areas that may accommodate mass
iimsit fcrcilities in the future. As a result, employer sponsored housing is limited to areas that may
accoinmoclate the specific needs of the progrum.
7
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
Policy 3.1.3.3.: The City shall maintain and continue to evaluate additional incentives to encourage the
production of housing for persons with special needs including the elderly, the handicapped, and those in
need of affordable housing.
As noted in the staffanalysis, the increase in the maximum occupancy rate for employer sponsored
housing is an incentive for the private sector to meet housing needs of their employees.
PUBLIC NOTTCE
Although City Code does not require mail notice for a Land Development Regulation Text
Amendment, staff has mailed notices to the narrow list of affected parties, specific to the proposed
text changes. Please note that staff mailed a brief explanation ofthe proposed text amendment to the
HOA, POA or responsible party of the four developments that are eligible for the Employer
Sponsored Housing Program (Please see attachecl).
SUMMARY OF PLANNING, ZONING, AND APPEALS BOARD COMMENTS
The Planning, Zoning, and Appeals Board reviewed the subject petition at two public hearings on
March 6, 2007, and March 27, 2007, and issued the following comments (staff's responses are in
itnlics) :
1 ) The PZAB asked staff to demonstrate the need for the program and inquired if staff performed any
studies to substantiate the need.
Staffattached the County's Affordable Housing Needs Assessment, which clearly demonstrates the
need for housing for employees making well under the median income housing. By utilizing the
2002 economic census, staff determined the average median wage is $29,000. Staff notes specific
idustries were also grossly underpaid, including the retail, food and accommodation industries.
These industries combined to form 52% of our worybrce, and 52% of our sales and receipts,
thereby making it a substantial part of our economy. However, they are paid on average well under
$25,000. The proposed program addresses a specijk part of our worybrce and will assist
employers in meeting their employees housing needs.
2) The PZAB asked staff to substantiate and justify the criteria that staff is supporting. The criteria
states that the applicant must purchase and dedicate 10 units to the program to qualifl. Dissenting
members of PZAB believed that the number was unfair to smaller businesses that could only afford a
few units. A second criterion of the program states that the program is applicable to multi-family
developments with over 500 units. The PZAB expressed concern that the number was arbitrary
and needs be justified. Dissenting members of the PZAB believed the number should be lower to
include more developments.
Staff has analyzed and has justification for each of the criterion. The IO unit minimum is to ensure
substantial interest or investment into the program and the affected community at large. It also
8
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
emures that the program is manageable for stafJ: If the number was lowered, there may be several
more employees within a community that would need staffoversight. Ifthe standard was lowered to
I unit, there could potentially be 25 different einployers, 25 different plans, and 25 different
responsible parties in a single community of 500. It is staff 'sprofessional opinion that lowering the
liinit to qualify could result in a situation that was unmanageable by stafi
The 500 unit minimum is equally justifiable. Staff limited the program to large multi-family
developments and different developinent size criteria were analyzed extensively. The four
communities that are eligible using the 500 unit criteria are all centrally located; all within a mile of
Palm Tran and the potential tri-rail station; and within close proximity to our regional shopping
center. It is important based on the type ofperson that will live in these units, that they be capable
of living an auto-independent lifestyle. Staff adjusted the Applicant 'sproposed 250 unit minimum,
hecause it contained communities that were too far away from these essential functions.
3) Dissenting members of the PZAB and residents expressed concern over parking. The concern is
that allowing an additional person without necessarily requesting an additional parking space.
Staffnotes that the managementplan includes a requirement that the employerjustify the amount of
parking being utilized. For example, if the employer utilizes parking in addition to what is allowed
in the management plan, the program can be revoked. In summation, adequate parking is required
to he justified for approval of the ESHprogram.
At the PZAB public hearings, several residents expressed concern over the proposed Employer
Sponsored Housing, and several members of the business and leadership community expressed their
endorsement of the program. Divergent points of view were expressed from residents, members of
Home Owner Associations, landlords, representatives of the Housing Leadership Council, the North
Palm Beach County Chamber of Commerce, and the Workforce Housing Task Force and members of
the business community. In summary, residents, and home owner associations were not supportive of
the ordinance. Their major concern centered on their perspective that the addition of a single
occupant will have unmitigated impacts on all family communities. Representatives of the Housing
Leadership Council, the North Palm Beach County Chamber of Commerce, the Workforce Housing
Task Force, the business community, and a resident of Frenchmen's Creek expressed support of the
ordinance and that it represents a positive step in the direction of meeting housing needs. In addition,
staff received several letters in support of the proposed amendment (please see attachments).
PLANNmG, ZONING, AND APPEALS BOARD RECOMMENDATION
At the March 27, 2007, Planning, Zoning and Appeals Board (PZAB) meeting, the board voted to
recommend denial of the subject petition by a vote of 3-2 to the City Council. The dissenting votes
were cast by Mr. Dennis Solomon, Mr. Jonathan Rubins, and Mr. Amir Kanel. Mr. Craig Kunkle and
Mr. Douglas Pennell voted in favor of a motion to approve the subject petition with a condition to
require consent from the applicable HOA or POA to be eligible for the program. The approving
voters stated that the program was an important step toward meeting a housing need and supported
9
Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
the methods by which the Ordinance mitigated potential impacts on the community. Mr. Solomon’s
dissent was based on concerns that the proposed ordinance does not address potential impacts to the
communities. Mr. Rubins expressed similar concerns, and added that the program does not seem to be
a good fit for the City. Mr. Kanel expressed that he would not be able to vote for approval of the
proposed ordinance unless HOA and POA consent was required.
CITY COUNCIL
On May 3,2007, the City Council voted 4 to 1 to pass Ordinance 10,2007 onto second reading with
modifications. Their modifications consisted of restricting the program to communities with a
minimum of five dwelling units per building and consent from an applicable Homeowners’ or Property
Owners Association a mandatory item of the management plan. Mayor Joseph Russo, Vice Mayor
David Levy, Councilmember Eric Jablin and Councilmember Hal Valache voted approval of the
Ordinance with the aforementioned changes. The approving voters stated that the Management Plan
provided additional protection to the residents and that the ESH program will be beneficial to our
City. The dissenting vote was cast by Councilmember Jody Barnett. She stated that her major
concern was that the negative impacts associated with the program outweigh the benefits. She
expressed concerns shared by several residents of the community, which centered over enforcement
of the program. A member of the business community, who owns units in the City, also shared
opposition to the program.
Members of the business community, including representatives from the North Palm Beach Chamber
of Commerce and the Affordable Housing Leadership Council endorsed the program as a positive
step in the direction of meeting affordable housing needs.
Staff has made the following revisions to Ordinance 10,2007 pursuant to the City Council’s motion:
Section 78- 193(c), entitled “Criteria”, is amended as such,
(3) Permitted Locations. Emulover Sponsored Housing urogram 3%+www&
shall be limited to in a multi-family development with a
minimum of 500 dwelling units. Each residential building within a permitted
development shall contain a minimum of five (5) dwelling units.
..
Sec. 78- 193(d), entitled “Management Plan”, is amended as such,
.. mm Written consent of any applicable Homeowners’ or Property
Owners’ Association signed by an authorized representative of the Association.
Please note that this modification of Section 78-193(c) results in the Westwood Garden and Gardens
Lake PUDs being ineligible for the ESH program. Due to the recommended revisions and City’s
Council’s direction, staff sent a second mail notice to the homeowners of San Matera and the
10
. Date prepared: April 27,2007
Meeting Date: May 17,2007
Ordinance 10,2007
management company of Union Square.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 10,2007.
11
STEPHEN S. MATHISON, P.A.
ATTORNEYS AT LAW
Stephen S. Mathison, P.A.
Of Counsel
Frederic T. DeHon, It., P.A.
VIA EMAIL - smavet@!bafl.com
VZA FACSIMILE @. 561-799-4281
January 23,2007
Stephen Mayer, Senior Planner
City of Palm Beach Gardens
Planning & Zoning Department
10500 N. Military Trail
Palm Beach Gardens, FL 33410
P.G.A. Concourse Building
5606 PGA Boulevard, Suite 211
Palm Beach Gardens, PL 33418
Telephone: (561) 624-2001
Telecopier: (561) 624-0036
Re: Frenchman’s Creek, Inc. - Employer Sponsored Housing (Our File #1905.10)
Dear Stephen:
Following up on our conference of last week, I have prepared proposed LDR language for the
above-referenced matter. Please review the proposed language carefully and critically. I
welcome your comments and suggested changes.
Kind regards,
SSMlst
Attachment
cc: client
z:\docs\Frenchman’sCreek\SanMatera\Mayer.le
PROPOSED LDR PROVISION
The Applicant, FRENCHMAN’S CREEK, INC., would propose to add an additional
provision to ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 1,
GENERAL STANDARDS, as follows:
See. 78-193. Employer Sponsored Housing,
(a) Purpose. Employer Sponsored Housing, pursuant to the criteria and limitations
set forth below, will assist economic development needs of employers in the City
by permitting implementation of an approved management plan for providing
employees living quarters at appropriate locations.
(b) Permitted Locations. No Employer Sponsored Housing program may be
implemented other than in a multi-family development with a minimum density of
250 dwelling units.
(c) Criteria. The Applicant must demonstrate compliance with the following criteria
at time of application:
(1) Application must be from single employer whose place of business is
located within the City of Palm Beach Gardens.
(2) Application must be solely for providing employees living quarters.
(3) Property subject to application must be a multi-family development with a
minimum density of 250 dwelling units.
(4) Occupancy must be limited to a maximum of five (5) unrelated persons
occupying a three (3) bedroom unit (including den which can be converted
to a bedroom, i.e. by installation of a door and not by altering existing
floor plans).
(5) Applicant must be the owner or lessee of a minimum of ten (10) dwelling
ui& within the multi-family development, and may own or lease no more
than a maximum of twenty percent (20%) of the units in said development.
(d) Management Plan. At time of application, Applicant shall provide a management
plan, which at a minimum shall contain the following elements:
(1) Provide a provision for a single point of contact in case of any Code
violation.
(2) Pr0vid.e a plan for transportation of employees.
z:\docs\FrenchmansCreek\SenMatera\LDRP rovision 1
(3) Provide estimated life of Employer Sponsored Housing program.
(4) Provide estimated turnover of occupancy of employees, i.e. minimum
months’ stay for each employee.
(5) Provide examples of any additional elements to the management plan that
would benefit employees and/or mitigate potential impacts to the
community.
Review, Approval and Appeal. All Employer Sponsored Housing applications
shall be reviewed by Growth Management Staff and shall be approved in writing
by the Growth Management Director only upon demonstration by Applicant of
compliance with Sections (b), (c), and (d) above. Upon denial of an application,
the Applicant may appeal the Growth Management Director’s decision to the City
Council, Upon approval of the application, Applicant shall maintain the
Employer Sponsored Housing program for a minimum of five (5) years.
Annual Report. For a minimum period of five (5) years after approval of the
Employer Sponsored Housing application, Applicant shall provide an annual
report on the anniversary of approval, demonstrating continued compliance with
Sections (b), (c), and (d) above. Should Applicant continue the Employer
Sponsored Housing plan beyond the minimum five (5) year period, Applicant
shall file with the Growth Management Director annual reports demonstrating
such compliance until the Employer Sponsored Housing program is terminated,
either by Applicant or as set forth in Section (g) below.
Revocation/Termination. An approved Employer Sponsored Housing plan shall
be revoked or terminated upon the following:
(1) Applicant’s failure to maintain the Employer Sponsored Housing plan in
accordance with Sections (b), (c), and (d) above, including, but not limited
to, compliance with all aspects of the approved management plan.
(2) Failure of the Applicant to file an annual report as required herein, or
failure of the Applicant to demonstrate in the annual report continued
compliance with the approved plan.
(3) Sale of any dwelling unit included in the plan.
Esfect of Revocation/Termination. Upon revocation or termination of an approved
Employer Sponsored Housing plan, occupancy of any units included in the
approved plan shall be limited to a maximum of five (5) unrelated persons as
otherwise provided for in applicable City of Palm Beach Gardens Land
Development Regulations.
z:\docs\FrenchmansCreek\SanMatera\LDWrovision 2
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2002 Economic Census: Summary Statistics by 2002 NAICS - Palm Beach Gardens city, FL Page 1 of 2
Summary Statistics by 2002 NAICS
Palm Beach Gardens city, FL
P-4 -,,A map
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Select a state 1.Go __
PO - __ Florida counties
Florida places E
Florida metro areas --G ___
You are here: 2002 Economic Census b Palm Beach Gardens city, FL b All sector totals
Data based on Geographic Area Series reports. Table includes only establishments of firms with payroll. Introductory text includes scope, methodology, non-sampling error, and confidentiality protection. For descriptions of column
headings and rows (industries), click on the appropriate underlined element in the table.
More NAICS
data code
21
22
23
31 -33
-2-
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ma= 44-45
-2-
48-49
-
55
Description
Mining (not published for places)
Utilities (not published for places)
Construction (not published for places)
Manufacturinq (too small for-publication)
W-holesale trade
Retail trade
Ttgnsportation & warehoLsusig (not published for
places1
Information
Finance & insurance (not published for places)
~ Real __~- estate & rental & leasing
Professional, scientific, &technical sew-
Manaqement of companies & enterprises (not
published for places)
Administrative Q suppo&&waste mansyement &.
remediation service
~ Educational ~____ ____ services
uealth care & social assistance
Ads; entertainment, & recreation
A-cnmodation & food services
Other services (except public administration)
Eslab- Sales. receipts Annual
l&h-- or shipments pavroll
mg!l!s
X
X
X
Z
64
295
X
25
X
97
335
X
89
12
296
30
91
101
($LOOOl (SiOO!~
X X
X X
X X
2 Z
186,467 35,431
91 1,831 106,422
X X
N 53,872
X X
109,451 22,208
24561 9 103,396
X X
78;531 37,902
D D
444,814 143,228
42,328 14,884
11 0,837 30,297
72,089 28,265
Pajd
employees
X
X
X
2
685
5,432
X
1,227
X
57 1
1,892
X
1,566
(1 00-249)
4,048
585
2,411
81 9
D = Withheld to avoid disclosing data of individual companies; data are included in higher level totals; N = Not available;
X = Not applicable; z = Zero or below publication threshold
Data in formats for American List of PDFs for this state "-3' map Map in PDF --
[new_@ndow) downloading FactFindel
http: Ilwww .census. gov/econ/census02/datdfll5407 5. HTM 12/4/2006
2002 Economic Census: Summary Statistics by 2002 NAICS - Palm Beach Gardens city, FL Page 2 of 2
Source: 2~O~Economic Census, Geogcaghic Area Series Questions?
Last revised: November 07,2005
Census Bureau Links: hoine . Search SuDlccis A-Z . FAGS . Data Took * Catalog . Census 200G . Qualiiy. Privacy Policy . Contact Us
NS SBIJ P IJ
Page Last Modified: November 07,2005
http://www .census.gov/econlcensus02/datdfl/54075 .HTM 12/4/2006
Palm Beach County
Workforce Housing Needs Assessment
Prepared for:
Housing Leadership Council of Palm Beach County, Inc.
Prepared by:
Florida International University
Metropolitan Center
June 29, 2006
The Metropolitan Center at Florida International University:
The Metropolitan Center at Florida International University (Flu) delivers information and
expertise to decision makers, community leaders and citizens as they seek to forge solutions to
urban problems. The Center is engaged in the study of housing, demographics, economics and
politics in South Florida. The overall goal of the Center, as an "applied research" institute, is to
provide decision-makers with the best possible information to forge solutions to the problems
confronting South Florida's urban areas. Toward that goal, the Center provides research,
training, and technical assistance to governmental and nonprofit institutions in South Florida.
Metropolitan Center
150 S E Znd Avenue, Suite 500
Miami, Florida 33131
__- ?ita t-.iet~ a:,ol:tat? 'I(' edc,
(305) 349-1251
Study Team
Ned Murray, Ph. D., AICP, Associate Director
Dario Moreno, Ph. D., Director
Rosa Davis, Research Associate and Project Manager
Dario Gonzalez, Research Associate
Maria Ilcheva, Research Associate
Vanessa Brito, Communication Director
Stephanie Smith, Research Assistant
Lina Duran, Research Assistant
Amanda Gorski, Research Assistant
Javier Correoso, Research Assistant
Anthony Villaverde. Research Assistant
Survey Research Team
Dario Moreno, Ph.D., Director
Maria Ilcheva, Research Associate
Ned Murray, Ph.D., AICP, Associate Director
The Metropolitan Center at Flu extends our sincere thanks and appreciation to the following
individuals and organizations for their technical assistance and support throughout the study
process:
Housing Leadership of Palm Beach County Steering Committee
Economic Council of Palm Beach County, Inc.
Mike Jones
Arthur J. Menor
Marty Perry
Robert C. Kneip
Rod Macon
Barda Kosovrasti
Palm Beach County Housing Needs Assessment
Metropolitan Center
Essentially, populations follow job growth. Employment and population growth will occur through
the retention and expansion of existing firms and new economic growth resulting from start-ups,
spin-offs, and relocations to Palm Beach County. The future demand for housing will be defined
by the location, type, and wage levels of Palm Beach County’s future employment growth.
To better understand the current state of employment in Palm Beach County with respect to the
recruitment and retention of workers, the “Housing Demand Analysis” element of the study
included an “Employer Survey.” The purpose and intent of the survey was to examine the extent
to which housing values in the Palm Beach County are impacting the ability of employers to
recruit and retain employees. The survey was designed as a telephone interview consisting of
both closed- and open-ended questions, designed to elicit elaboration on several potential
aspects of the correlation between housing and employment. The survey included the top 50
employers in Palm Beach County and a sampling of approximately 150 smaller employers based
on industry type, size, and geographical representation within Palm Beach County. Key statistical
findings from the survey results include the following:
The majority of Palm Beach County employers (58.4%) reported the cost of housing in Palm
Beach County has impacted their ability to recruit new employees.
70.6% of large employers (100 or more employees) indicated the cost of housing in Palm
Beach County has impacted their businesslinstitution’s ability to recruit new employees.
44.2 Yo of employers indicated that the cost of housing in Palm Beach County has impacted
their ability to retain existing employees.
72.6% of large employers indicated that the cost of housing in Palm Beach County has
impacted their ability to retain existing employees.
The majority of employers (69.1%) who consider Palm Beach County’s cost of housing to be
impacting their recruitment ability believe that it is caused by a gap between wages and
housing prices.
The cost of housing has affected recruitment efforts for all levels of employees, with entry-
level positions (38.3%) being the most affected, followed by technicians and trade personnel
67.8% of employers who recognized that the cost of housing in Palm Beach County has
impacted their ability to recruit new employees have had to expand or modify their
recruitment methods to attract prospective employees.
( 34.4 ‘/o ) .
The need to protect and preserve an adequate inventory of workforce accessible housing is a
growing economic development challenge in Palm Beach County and all of South Florida.
Rapidly appreciating housing values have diminished the supply of affordable owner and renter
units, thus creating a severe mismatch with the housing demand of the local workforce. The
economic imbalance is exacerbated by the lack of production of workforce-priced owner and
renter housing units. In addition, wholesale speculation in the investment market during
2004-2005 directly contributed to the rapid conversion of multi-family rental housing into
condominiums resulting in a substantial loss of the existing rental housing inventory.
Palm Beach County is a large land area and larger still with respect to disparities in household
income and property values. Yet, Palm Beach County is bound together by a single economic
base, principally comprised of service-providing industries that fuel the larger tourism economy of
South Florida. Additionally, resident and non-resident population growth has spurred significant
growth in the Professional Services, Construction, and Health Care and Social Assistance
industries. This is an important understanding, as local labor markets are fairly structured and
Palm Beach County Housing Needs Assessment
Mctronolitan Center
V
Business Development Board of Palm Beach County
Kelly Smallridge
Peggy Blackwood
Workforce Alliance, Inc.
Kathryn Schmidt
Greater Boca Raton Chamber of Commerce
Troy McLellan
Chamber of Commerce of the Palm Beaches
Dennis Grady
Greater Delray Beach Chamber of Commerce
Bill Wood
North Palm Beach County Chamber of Commerce
Casey Steinbacher
Palms West Chamber of Commerce
Vivian Palmer
Geoff Sluggett
Michael Horwitz
Technical Consultant to the Housing Leadership Council
Owen Beitsch, Real Estate Research Corporation, Inc.
Housing Leadership Council of Palm Beach County Technical Advisors
Grateful acknowledgement is given to the individuals and organizations too numerous to mention
that attended meetings, offered suggestions on the design of the study and provided data to
make this study as complete as possible. A special thanks to the following individuals and
organizations who volunteered their time and resources:
Judy Ayers, U.S. Department of HUD
Kristen Carr, Regional MLS, Inc
Bob Gray, Strategic Planning Group, Jacksonville
Brad Hunter, Metrostudy
Tracey Larnport, United Way of Palm Beach County
Tom Lanahan, City of Greenacres
John McHenry, Ph.D.
Jane Pike, Jupiter-Tequesta-Hobe Sound Association of Realtors
Laurel Robinson, West Palm Beach Housing Authority
Rebecca Rust, Agency for Workforce Innovation
Paula Ryan, City of West Palm Beach
Palm Beach County Planning and Zoning Department
Karen Roberts, Human Resources Association of Palm Beach County
Greta Von Unruh, Economic Development Research Institute, Inc.
Palnl Beach County Housing Needs Assessment
Metropolitan Centet
The Palm Beach County Workforce Housing Needs Assessment was prepared by The
Metropolitan Center at Florida International University (Flu) on behalf of the Housing Leadership
Council of Palm Beach County, Inc. (HLCIPBC). The purpose of the Housing Needs Assessment
is to provide a quantitative study that will serve as a baseline for understanding and measuring
Palm Beach County’s housing supply and demand relationship.
In establishing their organization, the HLClPBC set forth a vision of “attainable housing for all
members of the Palm Beach County workforce” and a mission to “’increase the availability of
housing throughout Palm Beach County for the workforce at all income levels.”
The HLClPBC has three primary goals:
b To conduct research on the state of workforce housing in Palm Beach County through
credible, independent experts;
1 To identify strategies and funding options that can be implemented by utilizing a
combination of government, industry and private cooperation and partnerships; and
b To promote, support and implement, through education and advocacy, plans that will help
provide attainable workforce for every city and the unincorporated areas of Palm Beach
County.
To this end, the Flu Metropolitan Center’s approach was to:
b
t
b
Prepare a comprehensive housing database and analysis designed to assist Palm Beach
County in determining future housing policies and strategies;
Combine economic and housing market analyses, utilizing the most current and reliable
primary and secondary data sources; and
Provide a clear and workable database that can be updated regularly.
The methodology used by the Flu Metropolitan Center in the research and preparation of the
Palm Beach County Workforce Housing Needs Assessment is to link current and future housing
demand and supply factors and conditions with existing and future population and employment
characteristics and projections. The housing demand and supply assessment examines the
existing and future housing needs of Palm Beach County’s resident worker population and
provides several layers of affordability gap analysis based on prevailing wages, household
incomes, and housing values. The study attempts to clearly illustrate the important relationship
between housing supply and demand, and the economic significance of creating and maintaining
an adequate supply of affordable homeowner and renter housing.
The study provides further evidence that the economic base of Palm Beach County and South
Florida is largely supported by the nondurable service-providing industries. These industries
currently comprise 87 percent of Palm Beach County’s employment base. While the majority of
these jobs are directly related to South Florida’s tourism-based economy, recent economic
growth in Palm Beach and South Florida has been fueled by unprecedented population growth.
Growth in the Retail Trade, Health Care and Social Assistance, Administrative Support, and
Waste Management and Construction industries are all directly attributed to the region’s
continued population growth.
Palm Beach County’s future housing demand will be largely determined by ongoing and planned
economic development activity that will result in expanded employment opportunities.
Palm Beach County Housing Needs Assessment
Metropolitan Center
iv
have a certain level of geographic arrangement that relates to housing supply and demand. At
the core of the labor market are the primary jobs, those that consist of career professional and
technical positions with livable wages and benefits, including teachers, nurses, police officers and
firefighters. Surrounding the core primary jobs is the secondary labor market consisting of
generally low-wage and unstable employment in the nondurable goods sector, including the
consumer services areas of the local economy. The study’s analysis of Palm Beach County’s
labor market found that the vast majority of local employment is found in low-wage occupations
within the service sectors of the economy. In fact the average annual wage in Palm Beach
County for all occupations is only $27,851. This has profound implications from a local policy
standpoint, because in order to effectively address the demand for resident worker housing, Palm
Beach County and its municipalities must first consider the relationship between housing supply
and demand and the dynamics of the local labor market.
The study determined that Palm Beach County and South Florida underwent an explosive three-
year housing boom between 2003-2005 that resulted in a severe housing supply and demand
imbalance. In the single-family housing market, the median house price-to-income ratio, a key
economic indicator in assessing local market trends and vitality, increased from 5:l to 7:l during
the three-year period, thereby outpacing other high priced metropolitan markets. Rapid
appreciation created an inflationary housing market that opened substantial affordability gaps in
many of Palm Beach County’s municipalities based on existing household incomes.
The housing market imbalance is also evident in Palm Beach County’s rental housing. The
average rent in Palm Beach County is currently $1,122 per month, which represents a 52%
increase from 2000. Rent levels in municipalities with large concentrations of rental housing and
workforce populations including West Palm Beach, Boynton Beach, Delray Beach, and Boca
Raton are above the Palm Beach County average rent price. Of particular importance to Palm
Beach County’s leading industries and occupations, the current average rent price exceeds the
affordability capacity of all households earning 80 percent or less of the area median income
(AMI).
Home price appreciation is expected to decrease to more modest single digit levels, with
estimates of 5-6 percent annually, though initial depreciation could continue through the first six
months of 2006 as the market adjusts to the inflationary pattern of the last three years. This will
most likely occur in the upper end of the housing market and in certain geographical sub-markets.
However, the increasing inventory of single-family homes currently on the market is an issue of
concern. In fact, Palm Beach County’s single-family home sales in April 2006 declined by 43
percent from April 2005, a negative trend that has continued since November 2005 and has
returned Palm Beach County to a mid-1990s sales activity level.
Palm Beach County’s affordable housing shortage is largely due to several key factors, including
inflationary housing values that far exceed the income of most County residents; the substantial
loss of multi-family rental housing through condominium conversions and the overall decline in
new housing construction. Other contributing factors include rising interest rates, increases in
construction costs and materials and the increasing costs associated with homeownership (taxes,
insurance, etc.).
The loss of the County’s affordable housing supply, through rapid inflation and condominium
conversions, is not recoverable. While housing values are expected to adjust to overall demand
in the housing market, projected economic growth and demand for second “resort” homes will
continue to drive the market for single-family homes and condominiums. Rent prices will also
remain high due to the current low inventory, vacancy rates and sharp decline in rental housing
production.
Further, the high home value to income ratio is not likely to lower despite a recent decrease in
median sale values and a projected return to modest appreciation levels. The current ratio of
greater than 7:l is extreme and creates affordability gaps that cannot be addressed without deep
Palm Beach County Housing Needs Assessment
Metropolitan Center
VI
subsidies andlor a heightened level of new affordable housing production. This market condition
should persist due to the continuation of an economic growth pattern in Palm Beach County that
is tourism- and population growth-based with new employment occurring largely in low-wage
service and retail occupations. So, while job growth has been significant in recent years and, in
fact, outpaced new housing starts, there is little correlation between resident worker demand and
current housing values.
Additionally, recent employment projections provided by the Florida Agency for Workforce
Innovation (AWI) show an increase of 111,797 new jobs in Palm Beach County by 2013. This
has significant housing demand implications, due to the direct correlation between the growth in
the workforce age (20-64) population and current/future housing demand and location. Currently,
the largest concentrations of the workforce age population are located in West Palm Beach
(55.527). Boca Raton (46,394), Delray Beach (36,749) and Boynton Beach (36,720). Projections
for 2025 indicate that the largest increases will occur in Wellington (20,241), West Palm Beach
(17,026), Royal Palm Beach (14,283), Boynton Beach (12,273) and Jupiter (12,032).
Palm Beach County’s housing demand will be spurred by continued economic growth and net
migration. Current and future demand creates the need for single-family and rental housing units
priced at levels consistent with the household incomes and occupational wages of the local labor
market, including various targeted workforce occupations. The ability of Palm Beach County and
its municipalities to provide for this demand will ultimately determine the County’s capacity for
housing its current and future workforce. The following “key findings” highlight the important
housing demand and supply factors that Palm Beach County will need to consider in order to
effectively address its resident worker housing needs.
Key Findings
b Palm Beach County’s median annual wage for all occupations is $27,851.
k Service providing industries account for 87 percent of all jobs in Palm Beach County.
b According to the Florida Agency for Workforce Innovation (AWI), the largest growth in
employment is expected to occur in Administrative Support & Waste Management,
Remediation Services and Health Care and Social Assistance. The majority of the
occupations associated with this employment earn less than $30,000 annually.
b Palm Beach County has a housing supply imbalance that has been exacerbated by a
continuing trend toward upscale single and multi-family development that is incompatible with
the housing demand of the majority of Palm Beach County’s working residents.
The substantial loss of Palm Beach County’s rental housing supply as a result of
condominium conversions coupled with the overall decline in rental housing production has
resulted in record-low vacancy rates and soaring rent prices throughout the County.
Only 17 percent of Palm Beach County’s households earn more than $100,000 annually
b
I
b The housing affordability gap based on the current median sale price ($392,900) of a single-
family home in Palm Beach County is $209,071,
b Approximately 90 percent of Palm Beach County’s households would be unable to purchase
a single-family home at the current median sale price.
Palm Beach County Housing Needs Assessment
Mctropolitan Center
‘“’ ! I
1 Municipalities within Palm Beach County with high concentrations of the resident workforce
also have some of the largest affordability gaps, including Boca Raton, Delray Beach,
Boynton Beach, Greenacres, and Palm Beach Gardens.
b Municipalities with high concentrations of Palm Beach County's resident workforce also show
some of the highest appreciation rates (2004-2005) for single-family homes, including West
Palm Beach (36%), Greenacres (31%), Lake Park (29%) and Delray Beach (28%).
1 The affordable home purchase price is among the lowest in Palm Beach County's
municipalities with largest concentrations of the workforce, including West Palm
Beach,($134,146), Delray Beach ($161,622) and Boynton Beach ($147,772).
b Based on employment and occupations projections, Palm Beach County's future workforce
housing demand (50-1 20% of AMI) will total approximately 98,000 units between 2005-2025.
b Future housing demand will consist of 28,906 units for households earning between 80-120%
of AMI and 69,060 units for household earning less than 80% of AMI.
b Future housing demand will be greatest in municipalities with currently high concentrations of
the resident workforce, including West Palm Beach (1 1,018 units), Boynton Beach (7,619
units), Royal Palm Beach (6,108 units) and Greenacres (5,727 units).
Palm Beach County Housing Needs Assessment
Mctropolitan Center
Palm Beach County Workforce Housing Needs Assessment
CREDITS ............................................................................................................................................. ii
EXECUTIVE SUMMARY ................................................................................................................... iv
Key Findings ............................................................................................................................. vii
INTRODUCTION AND METHODOLOGY ......................................................................................... 1
Defining Affordable Housing and Measuring Affordability ......................................................... 1
I . HOUSING SUPPLY ANALYSIS ...................................................................................................... 5
Housing Inventory by Type .... ............................................................................................ 5
Condition of Existing Housing ........................................................................................
Housing Occupancy ......................................................................................................
Development Trends ............................................................................................................... 14
Real Estate Market .......................... ...................... ............... 15
II . EXISTING HOUSING DEMAND ................................................................................................... 18
Labor Market and Economic Base .......................................................................................... 18
Household Composition and Household Income .................................................................... 22
Affordability Gap and Cost Burden .......................................................................................... 25
Ill . FUTURE HOUSING DEMAND .................................................................................................... 34
Industry and Employment Growth ........................................................................................... 34
Palm Beach County Employer Survey .................................................................................... 40
Future Housing Demand Projections ...................................................................................... 42
IV . HOUSING SUPPLY AND DEMAND ASSESSMENT ................................................................. 47
Housing Demand Assessment ........................................................
Current and Projected Housing Supply ................................................................................... 50
Housing Affordability Gap Analysis ......................................................................................... 52
Assessment of Housing Supply and Demand Conditions on Future Employment and
Economic growth ..............................................................................................................
..
Occupational Growth ....................................................................... ............ 38
TABLE OF FIGURES
Figure 1 : 2006 Inventory of Single-family and Multi-family Units: Top Ranking Jurisdictions ... 5
Figure 2: 2006 Housing Inventory by Jurisdiction ..................................................................... 7
Figure 3: Age of Housing Units in Palm Beach County ............................................................. 8
Figure 4: Age of Housing Units by Municipality ......................................................................... 9
Figure 5: Substandard Housing by Municipality: 2000 ............................................................ 10
Figure 6: Owner-Occupied Units by Jurisdiction ..................................................................... 12
Figure 7: Condo Conversions by Municipality: 2005-2006 ...................................................... 13
Figure 8: New Rental Apartments: Starts and Completions from 2000-3rd Quarter 2005 ...... 13
Figure 9: New Housing Units Authorized by Permit in Palm Beach County: 1994-Sept 200514
Figure IO: Median Selling Price for a Single-family Home in Largest Metropolitan Statistical
Areas (MSAs): Year End 2003 and 2005 ................................................................................ 15
Figure 1 1 : Median Sales Price by Jurisdiction: 2004-2005 ..................................................... 16
Figure 12: Major Industry Employers Palm Beach County: 2000-2004 .................................. 19
Figure 13: Nonagricultural Employment in Florida: West Palm Beach, Boca Raton, Boynton
.......................................................................................................................... 20
21 Figure 14: Top Occupational Employment: 2006 Wage Estimates ..
Palm Beach County Housing Needs Assessment
Metropolitan Center
IX
Figure 15: Tenure by Household Income as Percent of Area Median Income: 2005 Area
Figure 16: Household Income as Percent of Area Median Income by Munic
Figure 17: Enclaves (Municipalities with incomes higher than 120% of the AMI and
populations of 5,000 or less), AMI=$52,825 ................................ 26
Figure 18: General Municipalities: (Municipalities with incomes elow 120% of the AMI
................................................................... 26
................... 30
Median Income (AMI): 52,825* ......................................................................
................................
and populations of over 5000), AMI=$52,825
Figure 19: Affordability Gap for Single-family Homes by Municipality ..................................... 28
Figure 22: Occupations by Area Median Income of $52,825: 2005 .....................
Home in Palm Beach County: 392,900
Figure 24: Palm Beach County Employment Growth 2000-
Figure 25: Select Top Producing Employers: 2005 ..............
Figure 20: Affordability Gap for Condo/Town House by Municipality .........
Figure 21: Affordability Gap for 2 Bedroom Rental Apartment by Municip
Figure 23: Housing Affordability by Occupation Based on Median Price of
................................ ................................ 33
....................... 34
35 .......................
Figure 26: Palm Beach County Employment Growth by Ind
Figure 27: Industry Sub-sector Growth by Total New Employment .................
Figure 28: Types of Companies Expected to Grow in the State of Florida: 2005-2013 .......... 38
Figure 29: Occupations Gaining the Most Jobs in Palm Beach County 2005-201 3 ............... 39
................................................ 39
.......................... 42
......................................................... 45
ch County ........................................ 46
.............................. 49
Figure 30: Fastest Growing Occupations 2005-201 3
Figure 31 : Projected Housing Demand 2005-2025 ...
Figure 33: Housing Demand Below 80% of AMI ,_
Figure 35: Concentration of the Leading Occupations by Municipality
Figure 32: Housing Demand 80-120% of AMI ..................................................................
Figure 34: Regional Areas of Unincorporated Pal
Appendices
Appendix A: WORKFORCE HOUSING NEEDS ASSESSMENT: MUNICIPAL PROFILES
Appendix B: PALM BEACH COUNTY EMPLOYER SURVEY REPORT
Palm Beach County Housing Needs Assessment
Metropolitan Center
X
The housing market in Palm Beach County and Southeast Florida, like many metropolitan areas
throughout the nation, is facing serious challenges. In recent years, rapidly escalating increases
in housing values has threatened to make housing unaffordable for low and moderate-income
households, as well as the working middle class. At the local level, many in both the public and
private sectors have come to recognize the link between an adequate supply of affordable
housing and sustainable economic growth. To develop this understanding and to move forward
with real policies and solutions to address these housing issues, it is important for communities to
assess the critical relationship between local housing supply and demand.
The growing housing affordability crisis has serious consequences:
I First, we are putting Palm Beach County’s economy at risk. High housing costs
make it difficult to fill jobs and discourages businesses from locating to or expanding in
the area. Meanwhile, many young college graduates from our state college and
university system are forced to pursue jobs in other areas of the country that have a
lower cost of living. Based on this study’s findings, this dynamic is already occurring.
I Second, we are threatening the social fabric of our communities and
neighborhoods. Due to escalating housing costs, people cannot afford to maintain
their existing community ties or live close to their jobs or extended families. Many of us
could not even afford to buy our own homes at today prices.
Palm Beach County and its 37 municipalities are each challenged to respond to this affordable
housing crisis by recognizing the critical role they play in housing policy and strategy formulation.
This point is echoed in the recent “The State of the Nation’s Housing 2006” report produced by
the Joint Center for Housing Studies at Harvard University. The report states the following:
“In today’s environment, perhaps the biggest housing challenge of all is to create the
political will to make a more concerted assault on the nation’s affordability problems. The
fact that local business communities are beginning to make workforce housing a priority
is a positive sign that this commitment may be developing. In addition, as the impacts of
high housing costs and metropolitan sprawl increasingly affect the day-to-day lives of
middle- and upper-income households, the voices calling for housing policy reform may
become louder.”
The report goes on to state that “making significant headway will be difficult without the
combined efforts of all levels of government to expand housing subsidies, create incentives for
the private sector to build affordable housing, institute land use policies that reduce the barriers
to development and educate the public about the importance of affordable housing.” Given the
extreme housing market conditions that currently exists in Palm Beach County and Southeast
Florida with respect to the mismatch between housing values and household incomes there is a
need for bold solutions that will require the formation of working private-public partnerships and
new levels of inter-governmental cooperation.
D ef i n i n g Aff o rd ab I e H o us i n g a n d M eas u r i n g Afford ab i I i ty
Housing affordability is generally defined as the capacity of households to consume housing
services and, specifically, the relationship between household incomes and prevailing housing
prices and rents. The standard most used by various units of government is that households
Palm Beach County Housing Needs Assessment
Metropolitail Center
1
should spend no more than 30 percent of their income on housing. This is also the standard
definition for housing programs administered by the Department of Housing and Urban
Development (HUD) and most state programs, including various housing programs administered
through the State of Florida’s Housing Finance Corporation (FHFC) and Department of
Community Affairs (DCA). However, this definition of housing affordability has its limitations
because of the inability to determine whether households spend more than 30 percent of their
income on housing by necessity or choice. Specifically, the definition does not consider that
upper income and smaller households can afford to spend much more than 30 percent of their
incomes on housing and still have enough income left over to satisfy other basic needs, whereas
low income households that pay even 10 percent of their incomes on housing costs may be
forced to forgo essential medical care and healthy food (The Brookings Institution, 2002).
Affordability Indices
One measure of housing affordability is the cost of homeownership, commonly conveyed through
housing affordability indices. These indices generally indicate that affordability increased
substantially toward the end of the last decade, primarily as a result of lower interest rates during
that period. A housing affordability index for an area brings together the price and the income
elements that contribute to housing affordability. The following describes the most recognized
affordability indices:
b National Association of Realtors (NAR) Index: The most common index is that
produced by the National Association of Realtors (NAR). The NAR index measures the
ability of the median income household in an area to afford a median priced house. In
addition to the median income and median house price in an area, the NAR index
considers current mortgage interest rates, assumptions about the down payment
required to purchase the median price home, and the maximum percentage of
household income that can be spent on housing. An index of 100 indicates the typical
(median) family in the area has sufficient income to purchase a single-family home
selling at the median price (Shimberg Center for Affordable Housing, 2004)
k Housing Opportunity Index: The National Association of Home Builders (NAHB) has
developed a Housing Opportunity Index, which is defined as the share of homes
affordable for median household incomes for each metropolitan statistical area (MSA).
The NAHB Index has certain intuitive limitations, however, as housing affordability
scores are generally more favorable in metropolitan areas that are also rated as “least
desirable places to live” according to Places Rated Almanac (Brookings Institution,
The “median house price-income ratio” used by the National Association of Realtors and other
housing analysts is a key economic indicator in assessing local market trends and vitality.
Nationally, the median house price-to-income ratio has more than tripled in the past five years in
many high priced metropolitan markets such as New York City, Boston, Los Angeles and South
Florida.
2002).
While housing affordability indices are useful tools, they typically examine affordability from only
an ownership perspective. For households of lower income in a rapidly appreciating housing
market, rent price increases have far exceeded growth in incomes, thus worsening the housing
affordability problem.
Palm Beach County Housing Needs Assessment
Mctropolitan Center
2
Link between Economic Growth and Housing Need
Palm Beach County’s housing affordability problem has widespread economic impacts, including
a growing recognition of the important link between an adequate affordable housing supply and
economic growth. Many of Florida’s business sectors, including professional services, retail
trade, and health care, are finding it increasingly difficult to attract and maintain workers for entry
and mid-management positions. There is increasing evidence that working families have begun
to move to locations which have more affordable housing, both in and outside the State of
Florida.
Methodology and Scope of Study
The Palm Beach County Housing Needs Assessment was prepared by The Metropolitan Center
at Florida International University (Flu) on behalf of the Housing Leadership Council of Palm
Beach County. Inc. (HLCIPBC). The purpose of the Housing Needs Assessment is to provide a
quantitative study that serves as a baseline for understanding and measuring Palm Beach
County’s housing supply and demand relationship and its impact on the economic sustainability
of the county and its municipalities.
In establishing their organization, the HLUPBC set forth a vision of “attainable housing for all
members of the Palm Beach County workforce” and a mission to “’increase the availability of
housing throughout Palm Beach County for the workforce at all income levels.”
The HLC/PBC has three primary goals:
b To conduct research on the state of workforce housing in Palm Beach County through
credible, independent experts;
b To identify strategies and funding options that can be implemented by utilizing a
combination of government, industry and private cooperation and partnerships; and
1 To promote, support and implement, through education and advocacy, plans that help
provide an attainable workforce for every city and the unincorporated areas of Palm Beach
County.
To this end, the Flu Metropolitan Center’s approach was to:
F
I
b
Prepare a comprehensive housing database and analysis designed to assist Palm Beach
County in determining future housing policies and strategies;
Combine economic and housing market analyses, utilizing the most current and reliable
primary and secondary data sources; and
Provide a clear and workable database that can be updated regularly.
The methodology used by the Flu Metropolitan Center in the research and preparation of the
Palm Beach County Housing Needs Assessment is to link current and future housing demand
and supply factors and conditions with existing and future population and employment
characteristics and projections. The housing demand and supply assessment examines the
existing and future housing needs of Palm Beach County’s resident worker population and
provides several layers of affordability gap analysis based on prevailing wages, household
incomes, and housing values. The study attempts to clearly illustrate the important relationship
between housing supply and demand, and the economic significance of creating and maintaining
an adequate supply of affordable homeowner and renter housing.
Palm Beach County Housing Needs Assessment
Metropolitan Center
3
Specifically, the study includes the following elements:
b Housing Supply Analysis: This section provides estimates of the current housing
inventory/supply in Palm Beach County based on housing type, tenure, values and
geographic sub-area.
Housing Demand Analysis: This section examines current and projected workforce
demand based on a labor market and economic base analysis, as well as population
and household trends.
1 Housing Demand and Supply Assessment: This section assesses the relationship
between current and projected housing supply and demand and determines the level of
impact on housing affordability and economic sustainability.
b
Palm Beach County Housing Needs Assessment
Metropolitan Center
4
The Housing Supply Analysis provides an assessment of the existing inventory of housing in
Palm Beach County and its municipalities, including the condition of the housing stock, vacancy
and absorption rates, housing values and development trends. For the purposes of this study,
housing inventory is defined as the total number of housing units in the County, including
occupied and unoccupied units. Housing supply, on the on the other hand, refers to the amount
of units available for sale or rent at any given time.
Housing Inventory by Type
Inventory of Single-Family and Multi-Family Units
Since 2000, the housing inventory in Palm Beach County has increased by 13 percent, growing
from 535,791 units to approximately 603,077 in 2006. Unincorporated Palm Beach County and
West Palm Beach account for the majority of the housing inventory in Palm Beach County. These
areas, along with Wellington, also reported the highest levels of growth since 2000. Multi-family
housing (31 3,675 units) represents the majority of the county's housing inventory with the largest
concentration (129.1 34 units) found in Unincorporated Palm Beach County.
Figure 1: 2006 Inventory of Single-family and Multi-family Units: Top Ranking Jurisdictions
Souice fie^ Quesl 2006 arid 2000 iJ S Census
3oes iiol iiichde mobile honies boats and othet liousinc structii'er
Palm Beach County Housing Needs Assessment
Mctropolitaii Center
5
As shown in Figure 2, the distribution of single-family and multi-family homes varies considerably
among the municipalities in Palm Beach County. However, many of the highest concentrations
(greater than 50 percent) of multi-family housing are located in the larger eastern municipalities,
including Delray Beach, West Palm Beach, Boynton Beach and Boca Raton.
Palni i3each County Housing Needs Assessment
Metropolitan Center
6
Figure 2: 2006 Housing Inventory by Jurisdiction
Housing Inventory by Jurisdiction
I Single Family m MultiFamily
Jupiter Inlet Colony I I I , Golf Village 1 Ea
I Haverhill
I
1
CloudLake I r.+Sza
Atlantis [
Glen Ridge I ~~1~
Lake Clarke Shores
Wellington
Manalapan
Royal Palm Beach
Gulf Stream
Pahokee
Lantana
I South Bay
Palm Beach Gardens
I Lake Worth
Palm Beach-Unincorporated
Tequesta Village
Jupiter
Boca Raton
Belle Glade
Riviera Beach
Boynton Beach
West Palm Beach
Mangonia Park
Briny Breezes
Lake Park
Ocean Ridge
Delray Beach
North Palm Beach
Greenacres City
Palm Beach Shores
Palm Beach
Palm Springs
Juno Beach
Highland Beach
kiypoluxo
South Palm Beach
Palm Beach County
0% 10% 20% 30% 40% 50% 60% 70% 80% 30% 100%
Percent of Inventory
~ ~~~
Source Real Qiiesl 2006 and 2000 Census
Does no1 irlclutle niobile homes boats aild ofilPt
Palm Beach County Housing Needs Assessment
Mptropolitan Center.
7
Condition of Existing Housing
Age of Housing
The age of a jurisdiction’s housing is an important indicator in determining the overall condition of
the housing stock. The assumption is that older housing units tend to require more repairs and
upgrades than newer housing. Despite the level of growth and development over the past ten
years, approximately 41 percent of Palm Beach County’s housing units are now over 25 years old
(Figure 3 below).
Figure 3: Age of Housing Units in Palm Beach County
~~
Age of Housing Units in Palm Beach County
Before 1960s 2000-2005
9 Yo 10%
1980s
29%
1990s
20%
Source Redl Oue\t 2006 and 2000 U S Census
The distribution of older housing is significantly greater in municipalities than the County as a
whole (See Figure 4). Many of the highest concentrations of the County’s older housing stock are
located in eastern Palm Beach County municipalities, such as Lake Worth, Lantana, and Lake
Park, and the Glades communities of Belle Glade, South Bay and Pahokee.
Palm Beach County Housing Needs Assessnient
Metropolitan Center
Figure 4: Age of Housing Units by Municipality
m E a
Age of Housing by Municipality
2000-05 1'390s o 1980s Before 1'380s
Hypoluxo I I
Wellington 1 I I
I
Royal Palm Beach I I I
Jupiter I I
Greenacres City 1 I I W*M
Palin Beach Gardens
Palm Beach-Unincorporated
Juno Beach
tlighland Beach
Hoynton Beach
West Palm Beach
Delray Beach
Tequesta Village
Haverhill
Boca Raton
Golf Village
Riviera Beach
Atlantis
Palm Springs
Manalapdn
Fahokee
Ocean Ridqe
South Bay
Gulf Strea til
Lake Clarke Shores
Belle Glade
Ju piter Inlet Colo tiy
North Palm Beach
Lake Park
Palm Beach
Lantana
Soutli Palm Beach
Mangonia Park
Briny Breezes
Palm Beach Shores
Lake Worth
Glen Ridge
Cloud Lake
Palm Reach Countv
L~ - ____- - -- -
OD/" 2001" 4 0 YO GO% 80'/0 100%
Percent of Units
Source Real Quest. 2006 and 2000 U S Census
Palm Beach County Housing Needs Assessment
Metropolitan Center
9
Housing Problems and Substandard Housing
According to the U.S. Census, Palm Beach County had 30,360 substandard units in 2000.
Substandard units are defined as existing housing with any of the following problems: lack of
complete plumbing, lack of kitchen facilities, and/or overcrowding. Figure 5 reveals that the
highest concentration of substandard housing is found in Unincorporated Palm Beach County
(1 1,300 units). The largest concentrations of municipal substandard housing are found in the
older eastern cities, including West Palm Beach (3,774 units) and Lake Worth (2,399).
Figure 5: Substandard Housing by Municipality: 2000
8 (100
Palrn Beach County Housing Needs Assessment
Mctropolitan Center
10
Housing Occupancy
Owner-occupied Units
According to the U.S. Census, approximately 400,047 units or 74.7 percent of Palm Beach
County’s occupied housing units are owner-occupied. The high level of homeownership is even
more pronounced among municipalities, with half the cities demonstrating ownership rates higher
than 70 percent (See Figure 6). The high levels of homeownership can be attributed to several
factors, including the increase in single and condominium construction in the past ten years, low
interest rates, a greater variety of mortgage options and government programs encouraging
homeownership. Owner-occupancy levels are highest in the smaller “enclave” communities such
as Atlantis, Manalapan and Golf Village. Contrastingly, owner-occupancy levels are the lowest in
established eastern municipalities such as Lake Park, Lake Worth and Riviera Beach and the
Glades communities of South Bay, Belle Glade and Pahokee.
Renter-occupied Units
Renters occupy approximately 135,771 units or 25.3 percent of the occupied housing units in
Palm Beach County. However, there has been a notable loss of rental units in last few years as a
result of condominium conversions. The vast majority of rental units (107,974 units) are located
in Unincorporated Palm Beach County. The highest municipal concentrations are found in West
Palm Beach (12,075 units), Delray Beach (7,002 units) Lake Worth (6,415 units) and Boca Raton
(5,482 units).
Condominium Conversions
From 2005 to 2006, Palm Beach County lost 13,385 units or 10 percent of its rental inventory to
condominium conversions. Such transactions call for multi-family rental properties to be
renovated, converted to condominiums, and resold for a profit. The dramatic increase in condo
conversions in recent years has been fueled by the large cash returns to both investors and rental
property owners.’ As shown in Figure 7, the municipalities that experienced the highest losses
were West Palm Beach (4,514 units), Boca Raton (2,295 units) and Boynton Beach (2,201 units).
The result has been the reduction of affordable rental housing options and increased market
pressure on the remaining rental inventory. In recent months, however, some condo conversion
projects have reverted to rental housing due to a slowing of sales in the condominium sales
market.
Vacancy Rates
The vacancy rate for apartments in Palm Beach County is at an all time low. From 2003 to
November 2005, the County’s vacancy rate has declined from approximately 6 percent to 2.4
percent. The high level of condominium conversions in the past two years has been a major
factor contributing to the current record low vacancy rates.
Absorption of Rental Units
Another major factor that has contributed to record low apartment vacancy rates in Palm Beach
County has been the overall decline in rental housing construction (see Figure 8). Despite an
annual demand of approximately 5,656 units in Palm Beach County, there were only 1,332
apartment units completed and a mere 450 units initiated as of the third quarter of 2005. As a
result of the low supply in rental units, the County has less than a I-month supply of new rental
apartment units on the market at any given time. The average number of units absorbed per
month in 2005 was 182 units.
Jow Gose Condo Conversion Craze National Real Estate Investor June 1, 2004
Palm Beach County Housing Needs Assessment
Mcti ouolitan Center
11
Figure 6: Owner-Occupied Units by Jurisdiction
Occupied Housing Units by Jurisdiction
m Ow ner 0 Renter
Atlantis
Man ala pan
Golf Village
Briny Breezes
Jupiter Inlet Colony
Lake Clarke Shores
Gulf Sir earn
Royal Palin Beach
Ocean Ridge
Highland Beach
Teqciesia Village
Palm Beach
South Palm Beach
Wellington
Glen Ridge
Jupiter
Haverhill
North Palm Beach
Boca Raton
Boynton Beach
Juno Beach
Greenacres City
Oelray Beach
Palm Beach Shores
Lantana
Palm Springs
Cloud Lake
Hypoluxo
Pahokee
South Bay
Riviera Beach
Lake Worth
West Palm Beach
Manyonia F'ark
Lake Park
Belle Glade
Palm Beach County - __ ._ -
0% ZOO/" 4 0 O/o 6 0 800/" 1 OOV"
Jurisdiction
Souice 2000 U S Census and RealQuest. 2006
Palm Beach County Housing Needs Assessment
Metropolitan Center
12
Figure 7: Condo Conversions by Municipality: 2005-2006
Condo Conversions in Palm Beach County: 2005-2006
West Palm Beach 4,514
Boca Raton 2,295
2,201
Palm Beach Gardens
v)
0 .- , w .U Royal Palm Beach U
v)
3 7
.- L
Lake Park 227
I I
- ~~ -~ _-__ ___.___ - - - - __
500 1,000 1,500 2 000 2,500 3,000 3.500 4 000 4,500 5,000
Untts
wurw AiJarlnicnt Realtor Advisor and 2000 U S Census
Figure 8: New Rental Apartments: Starts and Completions from 2000-3rd Quarter 2005
4000
3500
3000
2500
2000
1500
1000
500
0
-+- Starts --=-- Completions
~ ~~
\ _/I----
\ \
~ - __ -. - __ - . __ - - - - - __ _
2000 2001 2002 2003 2004 2005 3Qtr
Year
Sotirce Palin Rcacli Counlv Quarterly Homing Report Fourth Quarter 2005. Reinhold P Wolff Research. Inc
Palm Beach County Housing Needs Assessment
Metropolitan Center
13
Development Trends
Housing Permits
Although Palm Beach County’s housing inventory has grown steadily since 1997, the number of
authorized building permits has declined in recent years. Palm Beach County’s housing
supplylinventory has increased by 67,286 units or 13 percent between 2000-2006. During this
period the County has averaged over 12,200 new housing units per year. The largest increases
occurred in Unincorporated Palm Beach County (28,481 units), West Palm Beach (7,403 units),
Wellington (4,968 units), Jupiter (4,458 units), Palm Beach Gardens (4,088 units) and Royal Palm
Beach (4,063 units). The highest growth rates occurred in Royal Palm Beach (50 percent growth)
and Wellington (34 percent growth).
Palm Beach County’s new housing construction (2000-2006) is comprised of 43,895 single-family
and 16,723 multi-family units. Unincorporated Palm Beach County absorbed 55 percent (24,018
units) of the new single-family homes. Municipalities with the largest increases include
Wellington (3,768 units), West Palm Beach (3,576 units), Royal Palm Beach (3,130 units), Palm
Beach Gardens (2,483 units) and Jupiter (2,024 units). The largest increases in new multi-family
units occurred in West Palm Beach (3,058 units), Unincorporated Palm Beach County (2,531
units), Jupiter (2,062 units), Boynton Beach (1,376 units) and Delray Beach (1,323 units).
While there has been a 13 percent growth in the Palm Beach County’s housing supply since
2000, there has been a steady decline in both single-family and multi-family housing starts in the
past two years. Single-family housing starts peaked in 2003 (10,788 starts) but declined by 4
percent in 2005 with an additional 8.5 percent (8,900 starts) decline projected for 2006. Likewise,
multi-family housing starts declined 4.7 percent from a peak of 4,578 units in 2004 to 4,364 units
in 2005. A further 9.9 percent (3,930 starts) is projected for 2006. From the third quarter of 2004
to the third quarter of 2005, single-family permit activity decreased by 6 percent. Multi-family
permits experienced an even deeper 16 percent decline during this period.
Figure 9: New Housing Units Authorized by Permit in Palm Beach County: 1994-Sept 2005
New Housing Units Authorlzed by Permit in Palm Beach County 1994-Sept 2005
- +- Single Famlly Multi-Family
12 000
h
10,000
a ooo
.- 8 r 6000
3
4 000
2 000
0
.,
.(
__ ~ - __ _ ~__ _____ -_
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
thru
Sept
Year
Source Pain-i Beach County Qtiarlerly Housing Report Fourth Quarter 2005 Reintiold P Woiff Research. lnc
Palm Beach County Housing Needs Assessment
Metropolitan Centet
14
Rea i Estate Market
Owner Market
In the last three years, the growth in real estate values has been unprecedented at the national,
state and local levels. The rapid increase in single-family home prices has been especially strong
in the South Florida market. In fact. South Florida accounted for some of the highest appreciation
rates in the nation and the State.*
Figure 10: Median Selling Price for a Single-family Home in Largest Metropolitan Statistical
Areas (MSAs): Year End 2003 and 2005
2003 0 2005
S450.000 ,
$400,000 I
$350.000 I
5300,000
$250,000 1
I
s200000 1
SI50000
s100,000 '
West Palm Fort Lauderdale Miami (57% Orlando (60% Tampa (40% Jacksonville
Beach (62% (58% Change) Change) Change) Change) (35% Change)
Change)
Sot ire Florida Association of Realtors 2OOrj
Single-Family
The median sales price for a single-family home in Palm Beach County increased from $315,000
in 2004 to $390,100 in 2005, an appreciation of 24 percent in one year. Individual municipalities
show similar rates of appreciation ranging from 21 to 36 percent during this period. Current
housing values for single-family homes are the result of a substantial market appreciation period
that began with a 10 percent increase from 2001-2002, then rapidly escalated to 62 percent
increase for single-family between 2003-2005. Double digit increases in median sale values are
evident throughout Palm Beach County. The highest appreciation rates for single-family homes
occurred in West Palm Beach (36%, $329,950 median value), Royal Palm Beach (33%, $365,000
median value) and Greenacres (31 Yo, $390,000 median value).
CondominiumslTownhouses
Condominiumltownhouses have also experienced a considerable appreciation in real estate
values. The median sales price for a condominiumltownhouse in Palm Beach County increased
' Florida Association of Realtors' Sales Report for the Quarter ending December 2005
Palm Beach County Housing Needs Assessment
Me tropolita ti Center
15
from $165,000 in 2004 to $215,000 in 2005, an increase of 30 percent.
variations, most municipalities experienced an appreciation rate between 25 to 45 percent.
Except for a few
Appreciation rates for condominiums between 2003-2005 soared in many municipalities,
including Jupiter (71 percent/$334,000 median value), Greenacres (43%, $21 5,000 median
value) and Lake Worth (34%, $142,500 median value) During the third quarter of 2005, 38 9
percent (671 units) of all condominium sales were in the $175,000-$249,999 price range followed
by 25 5 percent (441 units) of sales in the $250,000-$349,999 price range During this quarter,
the highest median sales prices for condominiums occurred in East Boca Raton ($304,000) and
West Palm Beach ($300,000)
Figure 11: Median Sales Price by Jurisdiction: 2004-2005
Lake Worth 253,500 1 308,000 I 21% I 106,000 I 142,500 I 34%
Lake Clarke Shores 319,000 I 370,000 1 16% 1 152,000 [ 219,000 1 44%
--- No sales reported for the war
Municipalities for which sales data was not available were not included on the list
Source MLS
Paltn Beach County Housing Needs Assessment
Mctropoiitan Center
I6
Market Trends
Nationwide and in South Florida, there is evidence that the rapid appreciation in both single-
family homes and condominiums of the last few years has contributed to an oversupply of
properties for sale, creating significant slowdowns in the market. Factors contributing to the
slowdown in the housing market include inflationary housing values, rising interest rates,
increases in construction costs, and building materials and the increasing costs associated with
homeownership (taxes, insurance, etc.). These factors are indicative of an over priced housing
markets.
Although there are signs that the housing market is slowing down, housing values are still
escalating. As of March 2006, the median price of a single-family home in Palm Beach County
was $392,900, an increase of approximately 1 percent from March 2005. The median sales price
of condominiumltownhouses escalated from $215,000 to $220,200 during the same period. It is
premature to determine what impact the slowdown in the market will have on the housing market.
Sales trends in various housing sub-markets will need to be monitored closely over the next 1-2
years
Rental Market
In addition to the surge in home sale prices, rental prices have also experienced a dramatic
increase throughout South Florida. In 2000, the median rent for a two-bedroom apartment in
Palm Beach County was $700. In 2005, the rent for a two-bedroom unit was approximately
$1,122, an increase of 52 percent. At the municipal level, rent prices are significantly higher.
Residential leases range from $1,375 in Palm Springs to $3,225 in the Town of Palm Beach.
An analysis of new market rate rental activity in Palm Beach County in 2005 indicates that most
rental housing development is upscale with rents ranging upwards of $1,000-$2,000 a month.
Likewise, planned market rate rental development in 2005 was also directed toward the upscale
rental market. Tax credit apartment developments, which target households earning between 30-
60% of the area median income (AMI), currently average $774.00/month. The highest average
rents in Palm Beach County are East Boca Raton ($1,609) and Delray Beach ($1,375). Rising
rent prices are attributed to the low inventory of market rate multi-family rental housing and record
low vacancy rates. This condition has been exacerbated by condominium conversions within the
past year and the general decline in rental housing production over the last several decades.
Palm Beach County Housing Needs Assessment
Metropolitan Center
17
Housing demand refers to the amount and type of residential property desired for purchase or
rent in a given market at a given time. The elements that affect housing demand include growth
and change in the labor market and industrial base, housing values, household income and
population and household composition. Each of these key elements will be discussed in this
section. The economic analysis begins with a discussion of Palm Beach County’s existing labor
market and economic base, including its major industries, occupational employment, and wage
rates. Subsequent analysis is given to projected industry and employment growth, including the
fastest growing occupations in Palm Beach County.
Labor Market and Economic Base
Local housing and labor markets are inextricably linked to one another. Essentially, industries
are served by local housing markets that provide choices and opportunities for both existing and
expanding labor markets. As such, the availability of an existing supply of various housing types
and price levels must be maintained to address the housing demand of the variety of occupations
that comprise the local industrial base.
The need to protect and preserve an adequate inventory of workforce-accessible housing is a
growing economic development challenge in Palm Beach County and all of South Florida.
Rapidly appreciating housing values have diminished the supply of affordable owner and renter
units, thus creating a severe mismatch with the housing demand of the local workforce. The
economic imbalance is exacerbated by the lack of production of workforce-priced owner and
renter housing units. In addition, wholesale speculation in the investment market during
2004-2005 directly contributed to the rapid conversion of multi-family rental housing into
condominiums resulting in a substantial loss of the existing rental housing inventory.
In order to effectively develop local policies and strategies that address the demand for workforce
housing, Palm Beach County and its municipalities must first consider their larger economic
development vision and goals and the relationship between housing supply and demand and the
dynamics of the local labor market. Local labor markets are fairly structured and have a certain
level of geographic arrangement that relates to housing supply and demand. Housing choice and
affordability are key indices in determining the relative strength of this important supply and
demand re la tions h i p.
Local labor markets are comprised of two major employment areas, primary and secondary, and
several tertiary areas that include the job training and welfare segments of the labor market. For
the purpose of this analysis, focus is given to the two major employment areas of Palm Beach
County’s labor market. At the core of the labor market are the primary jobs, those that consist of
career professional and technical positions with livable wages and benefits. This level of
employment is often associated with “knowledge-intensive” industries that offer significant
opportunities for career mobility. Primary employment IS generally found in Central Business
Districts (CBDs) and office parks located within larger metropolitan areas including suburban
locations. Surrounding the core primary jobs is the secondary labor market that consists of
generally low-wage and unstable employment in the nondurable goods sector, including the
consumer service areas of the local economy. Secondary employment is generally scattered
throughout a city and the larger metropolitan area.
Palm Beach County Housing Needs Assessment
Metropolitan Center
18
The economic base of Palm Beach County and South Florida is largely supported by the non-
durable service providing industries. These industries currently comprise 87% of Palm Beach
County's employment base. While the majority of these jobs are directly related to South Florida
tourism, recent economic growth in Palm Beach and South Florida has been fueled by
unprecedented population growth. Growth in Retail Trade, Health Care and Social Assistance,
Administrative Support and Waste Management and Construction industries are all directly
attributed to the region's continued population growth. Together, these industries comprise the
economic base of Palm Beach County and all of South Florida.
The most recent 2004 County Business Patterns (Figure 12) clearly shows that Palm Beach
County's major industry employers are found in the service providing sectors of the economy,
including Retail Trade (72,924), Health Care and Social Assistance (63,556), Accommodation
and Food Services (52.31 7); and Administrative Support & Waste Management, Remediation
Services (40,989), followed by Professional, Scientific & Technical Services (36,530) and
Construction (35,752). In total, these industries alone comprise 302,068 jobs or 64% of Palm
Beach County's employment base.
Figure 12: Major Industry Employers Palm Beach County: 2000-2004
5 Oh
Retail Trade 67,135 72,924 5,789 9 Yo
I 448,651 470,989 22,338
I
59,041 63,556 4,515 8 '10 Health Care & Social
Assistance
42,247 52,317 10,070 2 4 '/o Accommodation &
Food Services
Administrative Support
bemediation Services
& Waste Management, 58,161 40,989 (1 7,172) (30%)
29,019 36,530 7,511 26%
29,643 35,752 6,109 2 1 O/O
Profession a I, Scientific
& Technical Services
S;ource County Business Palrerns, 2000-2004
The most recent employment data for Palm Beach County released by the Florida Agency for
Workforce Innovation (AWI) shows the most significant growth continuing within the same major
industries (see Figure 13). A closer look at industry sub-sectors shows that for the 2005-2006
reporting period, employment growth was strongest in Employment Services (9.5 percent),
General Merchandise (7.8 percent), Ambulatory Health Care Services (6.8 percent) and
Administrative and Waste Management Services (6.5 percent).
Palm Beach County Housing Needs Assessment
Mctropolitan Center
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Figure 13: Nonagricultural Employment in Florida: West Palm Beach, Boca Raton, Boynton
Beach MD
Source Florida Agency fot Worklorce Innovation Employment by Industry. 2006
The Florida Agency for Workforce Innovation's (AWI) most recent Quarterly Census of
Employment & Wages (QCEW-ES-202, 3rd Quarter, 2005) for Palm Beach County provides
annual salaries and wages for all industries. According to the employment and wage census,
average annual wages in Palm Beach County ranged from a low of $18,212 (51,097 jobs) in
Accommodation and Food Services to $58,932 (34,446 jobs) in Professional, Scientific &
Technical Services. However, the bulk of employment was found in Retail Trade (69,039 jobs/
$27,704 annual wage) followed by Health Care and Social Assistance (67,887 jobs/$42,876
annual wage) and Administrative Support & Waste Management & Remediation Services (59,632
Palm Beach County Housing Needs Assessment
Metropolitan Center
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jobs1929.976 annual wage). Employment in Local Government in Palm Beach County accounted
for 46,796 jobs, with an average annual wage of $40.812.
However, a closer look at “occupational” employment and wages for Palm Beach County by
‘occupation category” and “hourly wage” provides a more telling picture of the local workforce.
The 2004 Labor Market Statistics report produced by the Florida AWI indicates the specific
“occupations” found within the broader industrial classifications shown above. The Labor Market
Statistics report provides total employment figures and 2005 hourly wage estimates for all
occupations, including mean, median, entry- and experienced- level wage rates.
Figure 14 indicates that Palm Beach County’s largest occupational employment is found in retail
and services. These occupations generally have low entry and median hourly wage rates. In
fact, many of the occupations that comprise Palm Beach County’s major employment base -
retail sales persons (22,570 jobs/$10.55 median hourly wage), office clerks (1 351 0 jobs/$10.59
median hourly wage), cashiers (1 3,430 jobs/$8.17 median hourly wage), waiters and waitresses
(1 3,070 jobs/$6.85 median hourly wage) - are also represent the bottom of the occupation wage
scale.
Figure 14: Top Occupational Employment: 2006 Wage Estimates
Source Florida Agency for Workforce Innovation. Occupational Employnicnt and Wages, 2006
The above occupational employment and wage statistics indicate that Palm Beach County’s labor
market structure is largely skewed toward the secondary labor market (low wage retail and
service sector occupations). As previously noted, these low-wage occupations offer little in terms
of benefits, job security and career mobility. However, these occupations represent the industries
that comprise Palm Beach County’s economic base and, as such, must have access to an
adequate supply of housing types at affordable price levels.
Palrn Beach County Housing Needs Assessment
Met r op 01 ita ti Cent et
21
Household Composition and Household Income
Very Low to Moderate Income Households
Generally, very low-, low- and moderate-income households are categorized based on the area
median income (AMI). The area for the purposes of this study is Palm Beach County. The
following describes the income limits for each category:
Low-Income: Below 50% of the median for the area
Moderate-Income: Between 51-80% of the median for the area
Middle-income: Between 81-120°/0 of the median for the area
Figure 15 identifies the number of low- and moderate- income households in Palm Beach County.
As indicated, in 2005 approximately 39 percent of households in the County were found to be
within the low- to moderate-income categories.
When analyzed by tenure, the data reveals that 56 percent of rente; households in Palm Beach
County are low-to-moderate-income (less than 80 percent of AMI) compared to 33 percent of
owner households.
Figure 15: Tenure by Household Income as Percent of Area Median Income:
2005 Area Median Income (AMI): 52,825*
I .- I __ I -- - I -- I Idll -_A - I -
1 0 w n e r -occ u p i etHgu s in g-u nits- __ ---:-:- 1 - 1- Low Income <50% AMI 25,884 61,700 15% i Moderate Income <8O% AMI 41,732 69,321 17%
Middle Income <120% AMI 62,862 62,908 16%
I High Income <150% AMI 78,709 80.436 20%
High Income: 151% + AMI 78,709+ 125,682 31 o/o
Total 400,047 100%
Total Low to Moderate Income 41.732 or Less 131,021 33%
Renter-occupied Housing Units
Low Income <50% AMI 25,884 42,689 31%
Moderate Income <8O% AMI 41,732 33,941 25%
Middle Income <120% AMI 62,862 24,006 18%
Hiqh Income <150% AMI 78.709 20,564 15%
78,709+ 14,571 I 11%
Total 135,771 1 100%
i High Income' 151% + AMI
Total Low to Moderate Income 1 41,732 or Less 1 76,630 I 56% 1 -..
25,884 104,389 I 19% I
Moderate Income <BO% AMI 41,732 103,262 19%
Middle Income <120% AMI 62,862 86,914 16%
High Income <150% AMI 78,709 100,999 1gy0
High Income 151% +AMI 78,709+ 140,253 26%
Total 535,818 IOO%
Total Low to Moderate Income 41,732 or Less 207,651 39%
Source 2000 U 5 Censii5
Hdjiistpd for inflaliori and tioilsing growth
Palni Beach County Housing Needs Assessment
Metropolitan Center
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The concentrations of low- and moderate-income households become more visible when viewed
at the municipal level. As shown in Figure 16, the highest concentrations of poorer households
are found in the Glades communities of South Bay (66 percent low and moderate), Belle Glade
(64 percent low and moderate), Pahokee (61 percent low and moderate), and many of the oider
eastern cities, including Riviera Beach (54 percent low and moderate), Lake Worth (49 percent
low and moderate) and West Palm Beach (48 percent low and moderate).
Palm Beach County Housing Needs Assessment
Mctrooolitan Center
23
Figure 16: Household Income as Percent of Area Median Income by Municipality
Household Income as Percent of Area Median Income of $52,825
w, 10% 204, 30% 404" w,, GO",. 70':'" HO"" 00%" 100%
House holds
Palni Beach County Housing Needs Assessment
Mctropolitari Center
24
Affordability Gap and Cost Burden
Given the disparity between incomes and housing prices discussed above, it is important that a
“Housing Affordability Gap Analysis” be performed to determine the extent of workforce housing
demand. For the purpose of this study, workforce is defined as households that earn 120
percent of the AMI or less, as these are the households most likely to be cost burdened by the
existing housing prices. It is important to note, however, that cost burden is also evident at the
120-1 50 percent AMI range though, as shown, very few occupations fall within this income.
The following section provides a Housing Affordability Gap Analysis. The analysis is also
performed by target workforce occupations. Housing affordability is defined as housing costs
that do not exceed 30 percent of monthly gross income. The computation for the housing
affordability was performed using the median sales price for a single-family home and a
condominium/town home in relation to the median household income or annual occupational
wage. Favorable financing terms are applied (Fixed 30-year mortgage at 6.2 percent interest with
a 5 percent down-payment) with taxes and insurance included. Debt ratios are not factored into
the housing affordability calculations.
It is important to note that municipalities with a median income over 150 percent of the AMI and
with populations of less than 5,000 people were not .included in the affordability gap analysis.
These municipalities are largely comprised of small wealthy “enclaves” with a small number of
home sales. Figure 17 and Figure 18 list separately the enclave communities and “general
municipalities” with pertinent information regarding housing inventory, household income,
population and residential sales values.
Palm Beach County Housing Needs Assessment
Metro po I i ta n C e n te t
25
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27
Affordability Gap by Owner Households
Housing affordability calculations reveal a substantial "affordability gap" for single-family homes in
Palm Beach County with affordability gaps ranging from $18,000 to $447,430. The current
($392,900) median sale price for a single-family home in Palm Beach County creates a $209,471
affordability gap based on the $52,825 area median income (AMI). Significantly, affordability
gaps are particularly acute in many of the larger municipalities that house the county's workforce,
most notably, West Palm Beach, Palm Beach Gardens, Riviera Beach, Greenacres and Boynton
Beach. While substantial affordability gaps are not surprising in exclusive enclaves such as
South Palm Beach, Highland Beach and Juno Beach, the widespread level of unaffordability
among the balance of Palm Beach County's municipalities is striking. In fact, 29 of the 37
municipalities in Palm Beach County show affordability gaps for single-family home purchase. In
26 of these municipalities the affordability gap exceeds $100,000.
Although there may be relatively lower home sale prices in some sub-markets, depressed single-
family home values within a larger inflationary market should be viewed with caution Depressed
housing values are usually indicative of substandard housing condltions or other neighborhood-
related factors
Figure 19: Affordability Gap for Single-family Homes by Municipality
I I 1
i I
I
1 Tequesta Village' 68,958 1 226,817 615,000 1 15
Palm Beach County Housing Needs Assessnient
Mctropolitan Center
2a
- .I_-.-. . . I .. . 1 1v2ieiiingtoii”7 ! 82.376 , 276,336 470,1100 , 130 I 1 West Palm Beach*** 43,109 1 134,146 1 310,000 1 330
‘he 10 the low anioiiiil of sales, the median sales pr:~ was calciiiated based oil sales froi?i Jari 2C35 10 hlnrcii 2006
“No sdies as of March 2006
“’ Median based on sales from Jan to March 2006
Palm Beach County Housing Needs Assessnient
Mctrooolitan Center
29
The affordability gaps for condominiums and town houses in Palm Beach County are less than
the gaps for single-family homes, ranging from a low of $3,084 to a high of $216,448. The
current ($220,200) median sale price of a condominium in Palm Beach County creates an
affordability gap of $35,265 based on the household AMI. Affordability gaps within the
condominium market are also widespread, but not as extreme as the single-family market.
Affordability gaps exist in 20 municipalities and, excluding the County's enclave communities, the
largest gaps are found in Riviera Beach ($143,907), Jupiter ($143,422). Palm Beach Gardens
($89,528), Boynton Beach ($80,097) and West Palm Beach ($69,713).
Figure 20: Affordability Gap for CondolTown House by Municipality
I
1 I 1 ---_ -,---A
-No sales in 2006 as of March
'.* Median based 011 sales froin Jan to March 2006
Source MLS 2000 Census and 2006 Bureau of Laboi Statistics (Median income is adjusted fr,r inflation)
Palm Beach County Housing Needs Assessment
Metropolitan Center
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Affordability Gap by Renter Households
An affordability gap for monthly rent was observed in all municipalities with the exception of
Tequesta Village and Wellington where median household incomes are among the highest in
Palm Beach County. Housing affordability gap levels in the rental market are extreme. The
average rent in Palm Beach County in 2005 was $1,122/month, a 52 percent increase from 2000.
Rent levels in municipalities with large concentrations of rental housing and workforce
populations, including Palm Beach Gardens ($1,700), Delray Beach ($1,622), West Palm Beach
($1,600) and Boca Raton ($1,600) are above the Palm Beach County average monthly rent. The
current average rent for Palm Beach County and most municipalities exceeds the affordability
level of all households earning 80 percent or less of the area median income (AMI).
Figure 21: Affordability Gap for 2 Bedroom Rental Apartment by Municipality: 2006
1
'Uiie lo the low anioiinl of sales the median sales price was calciilated based oil sales froin Jan 7005 to March 2006
"N? Sales in 2006 as 01 Marc I?
Source MLS 2000 U S Census and 2006 Buredii of Labor Statistics (Median inLome is adjusted for inflation)
Palm Beach County Housing Needs Assessment
M r t ro p o I i ta ti Center
31
Affordability Gap by Occupations
Applying the median single-family home price of Palm Beach County ($392,900), a Housing
Affordability Gap Analysis was performed for a sampling of occupations that represent the
majority of the workforce in the County, including often targeted occupations such as teachers,
registered nurses and police officers.
As shown in Figure 22, most of the “target workforce” occupations fall at or below the 120 percent
of AMI category. In comparison, the “Top 5 Occupations with the Most Employees” are all under
50 percent of the AMI.
Figure 22: Occupations by Area Median Income of $52,825: 2005
... . L I” ./I ’ Tou 5 Occuuations with the Most Numbers of Emdovees I
’ Waiters and \’$aitresses x
I 1 CxhiPrs x I I 1
I Retail Salespersons X
Qegistered Nurses X
Souicc FllJ I?letiopolitati Center
Palm Beach County Housing Needs Assessment
Metropolitan Center
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Using the 30 percent affordability standard, the gap analysis indicates that housing is
uiiaffordable for all of the occupations sampled, except for lawyers, generaVoperations managers
and accountants. With affordability gaps well in excess of $200,000 for most occupations,
homeownership may be unattainable for many of Palm Beach County’s resident workforce.
Figure 23: Housing Affordability by Occupation Based on Median Price of a Single-family
Home in Palm Beach County: 392,900
j Reoistered Nurses I I s39
I Retail Salespersons
Janitors and Cleaners, Except Maids and Housekeeping Cleaners
Waiters and Waitresses
Combined Food Preparation and Serving Workers, Including Fast Food
Paltn Beach County Housing Needs Assessment
Metropolitan Center
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Industry and Employment Growth
Palm Beach County’s future housing demand will be largely determined by ongoing and planned
economic development activity that will result in expanded employment opportunities.
Employment growth will occur through the retention and expansion of existing firms and new
economic growth resulting from start-ups, spin-offs, and relocations to Palm Beach County.
Basically, populations follow job growth and the demand for housing will be defined by the
location, type and wage levels of Palm Beach County’s future employment growth.
Through 2005, Florida continues to have the fastest job growth rate and lowest unemployment
rate of the ten most populous states in the nation. The current 3.0 percent unemployment rate
(April, 2006) is below the national average and has remained so since mid-2002. Palm Beach
County’s 2.85 percent unemployment rate has run similar to its Tri-County neighbors, Miami-
Dade (3.6 percent) and Broward (2.7 percent) Counties.
An analysis of recent economic growth in Palm Beach County shows most of the new job growth
occurring within the County’s existing industrial and employment base shown in Figure 24. While
Retail Trade continues to be the largest employment sector, Professional, Scientific and
Technical Services. Construction and Accommodation and Food Services have been the fastest
growing. In fact, during the five-year period of 2000-2004, employment growth in Professional,
Scientific and Technical Services (26 percent growth) led all industries, followed by
Accommodation and Food Services (24 percent growth), Construction (21 percent growth).
Health Care and Social Assistance, Palm Beach County’s second largest employment base, had
an 8 percent growth keeping pace with the largest industry employer, Retail Trade.
Accommodation and Food Services (1 0,070) and Professional, Scientific and Technical Services
(7,511 ) created the most jobs. Administrative Support & Waste Management, Remediation
Services, the County’s fourth largest employment base (40,989), declined by 30 percent during
the five-year reporting period as jobs in “employment services” were drastically reduced. In total,
the top industries created 27,710 jobs or 75 percent of Palm Beach County’s employment growth
between 2000-2004.
Figure 24: Palm Beach County Employment Growth 2000-2004
Employment Growth: 2000-2004
2000 0 2004
80 000
70 000 2 60000
?’+ 50 000
P 40000
30000
w 20000
10 000
0
Retail Trade (9%) Health Care 8 Social Accomdation 8 Admnlslrative Professional Construction (21X)
Assistance (8%) Food Services (24% 1 Support 8 Waste Scientific 8 Technical
Man age m n t
Reiredialion Services
Services (26‘1 I
l-30“/0)
Industries
Sotirct? 1) S Census Cuieaii Cotintv Business F-’atteins
Palm Beach County Housing Needs Assessment
Mctropolitan Center
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A more detailed analysis of the top three industry employment sectors - Retail Trade, Health
Care and Social Assistance and Accommodation and Food Services - finds a concentration of
employment within certain industry sub-sectors. Palm Beach County’s Retail Trade industry
largely consists of Food and Beverage Stores (16.323 jobs), most notably Supermarkets and
Grocery Stores, followed by General Merchandise Stores (10,037 jobs). Employment in the
Health Care and Social Assistance industry is largely found in Ambulatory Health Care (27,879
jobs), General Hospitals (14,079 jobs) and Nursing and Residential Care Facilities (12,424 jobs).
Palm Beach County’s Accommodation and Food Services industry employment is highly
concentrated in Food Services and Drinking Places (40,199). The fastest growing industry in the
County, Professional, Scientific & Technical Services, finds most of its employment in Legal
Services (8,149 jobs), Computer Systems Design & Related Services (6,934 jobs) and
Accounting, Tax Preparation, Bookkeeping 8 Payroll Services (6,791 jobs).
Although the economic base of Palm Beach County and South Florida is largely supported by the
Retail Trade and Leisure & Hospitality industries, there is significant diversity within other sectors
of the local economy. Palm Beach County’s Construction Industry accounts for 38,000 jobs,
Merchant Wholesalers of durable and non-durable products account for nearly 20,000 jobs, while
the Credit Intermediation & Related Services (Banking) industry sub-sector accounts for nearly
12,000 jobs in the County. Figure 25 provides a list of major employers and is representative of
the goods and service-producing industries that comprise Palm Beach County’s economic base.
Figure 25: Select Top Producing Employers: 2005
LRP Publications
Palm Beach County Housing Needs Assessment
Metropolitan Center
35
1 Response) 21 3 I Ambulance Service I Lakeworth
Sotrrce 1 able replicaled from Business Development Board of Palm Beach County, Inc
According to the Florida AWI, Palm Beach County is projected to gain 11 1,473 jobs between
2005-2013, an average annual increase of nearly 13,934 new jobs per year (see Figure 26
below). The largest growth in employment is expected to occur in Administrative Support &
Waste Management, Remediation Services (1 8,673 jobs), followed by Health Care and Social
Assistance (16,676 jobs) and Government (12,565 jobs). These industries, alone, constitute 43
percent of Palm Beach County’s projected job gain between 2005-201 3.
Figure 26: Palm Beach County Employment Growth by Industry: 2005-2013
1 Professional and Business Services I Education and Health Services 7
1 Ad/iii/iistiative and Support and Waste I I I I
Management 70,219 88,892 2,334 3 32
Health Care and Social Assistance 67,973 84,649 2,084 3 07
Trade, Transportation, and Utilities 102,865 11 7,248 1.798 1 75
65,709 78,274 1,571 2 39 Government
- Local Government 50,616 61,667 1.381 2 73
35,167 46,153 1,373 3 90 Professional, Scientific, and Technical Services
Leisure and Hospitality 66,851 77,588 1,342 2 01
Palm Beach County Housing Needs Assessment
Metropolitan Center
36
Sc-~t!i-ce i loi-ida Agenc) for Workforce Innovation. Labor Market Statistics. 2006
A more detailed analysis of industry sub-sectors indicates that the highest annual employment
growth rate between 2005-201 3 will be in Educational Services (4.25 percent), Social Assistance
(4.05 percent), ISPs, Web Source Portals and Data Processing Services (3.9lpercent) and
Professional, Scientific & Technical Services (3.90 percent). Among the top twenty growth rate
sub-sectors in Figure 27 below are most of Palm Beach County’s largest industry employers,
including Administrative and Support Services, Local Government, Professional, Scientific and
Technical Services and Ambulatory Health Care Services.
Figure 27: Industry Sub-sector Growth by Total New Employment
So~~ice Florida Agency for Workforce Innovation (AWI). Labor Market Statistics. 2006
Palm Beach County Housing Needs Assessment
Metropolitan Center
37
According to the Florida AWI, the fastest “type of company” projected to grow in Florida between
2005-201 3 is Administrative and Support Services (3.8 percent growth rate) followed by Social
Assistance (3.4 percent growth rate) and Ambulatory Health Care Services (3.2 percent growth
rate). Companies in the Administrative and Support Services sub-sector group are engaged in
activities that support the day-to-day operations of other organizations (e.g., general
management, personnel administration, clerical activities, cleaning activities) and are often
integral parts of the activities of establishments found in all sectors of the economy. As
previously discussed, Palm Beach County’s existing and projected employment base is
concentrated in service and retail industries and occupations. This is generally consistent with
statewide projections for companies expected to grow between 2005-201 3 (see Figure 28 below).
In fact, the three fastest growing types of companies statewide - Administrative and Support
Services, Social Assistance, and Ambulatory Health Care Services - also rank within the top
growth industries in Palm Beach County.
Figure 28: Types of Companies Expected to Grow in the State of Florida: 2005-2013
Source Recreated From Floi Ida Agency for Workforce Innovation (AWI) - Labor Market Statislics Industry Projection Data
2005-201 3
Occupational Growth
Growth in occupations is directly related to industrial growth, which in turn is determined by
critical factor and demand conditions including the availability of labor, changing markets and
emerging technologies. Housing supply and affordability are also important factor conditions
(inputs) that impact the ability of local industries to recruit and retain workers. Understanding the
specific occupations that comprise both the existing and future industrial base allows
communities to better address the existing and future housing demand of their workforce.
The Florida AWI provides projections for the fastest growing occupations and those gaining the
most new jobs during the period of 2005-2013. The top three occupations projected to gain the
“most new jobs” include Retail Salespersons (2,882 jobs), Registered Nurses (2,865 jobs) and
Landscaping and Groundskeeper Workers (2,706 jobs). The top three “fastest growing”
occupations include Computer Software Engineers, Systems Software (820 jobs/7.12 percent
Palm Beach County Housing Needs Assessment
Mctropolitan Center
38
annual change), Computer Software Engineers, Applications (894 jobd7.03 percent annual
change) and Network Systems and Data Communications Analysts (547 jobs13.67 percent
annual change). Average wages for these growing occupations vary considerably, ranging from
the low of $9.95/hr for Landscaping and Groundskeeper Workers to $39.63/hr for Computer
Software Engineers, Systems Software (See Figures 29 and 30 below)
Figure 29: Occupations Gaining the Most Jobs in Palm Beach County 2005-2013
" c- Retail - Salespersons ~~~
bds and Housekeeping 15,045 1 17,545 2 08 312 586 8.41
I Cashiers 13,484 15,091 149 201 837 8 46
i_Wa i t e rs a n d Wa i t re s ses 13,445 15,627 2.03 273 936 6 89
Laborers and Freight ,Stock,
and Material Movers, Hand 12,069 13,129 1 .I 132 518 8.72
11,670 14,535 3 07 358 587 , 2733 Registered Nurses
Landscaping and Grounds keeping
Janitors and Cleaners Except 1
I Office Clerks, General 13,850 15,738 17 236 532 11.09
9 95 I Workers 10094 12800 3 35 338 543
Ssiiuicc Kec redted froiri Agency for VJorkforce lnrlovatlon - Labor tvldrket StdtlstlLs industry Projf'ction iiata 2005-2013
Figure 30: Fastest Growing Occupations 2005-201 3
2013
Palm Beacli County Housing Needs Assessment
Metropolitan Center
39
Palm Beach County Employer Survey
As previously stated, there is an inextricable link between local housing and labor markets.
Industries are served by local housing markets that provide a spectrum of choice and opportunity
for both existing and expanding labor markets. As such, it is important to periodically gauge the
health of the local employment base with respect to housing demand and supply and any effect
they may have on the labor market.
The Housing Demand Analysis element of the Palm Beach County Housing Needs Assessment
included an "Employer Survey" (see Appendix B) that was intended to examine the extent to
which housing values in the County are impacting the ability of employers to recruit and retain
employees. The Palm Beach County Employer Survey was designed as a telephone interview.
The survey instrument consisted of both closed- and open-ended questions designed to elicit
elaboration on many potential aspects of the correlation between housing and employment.
The survey included the top 50 employers in Palm Beach County and a further judgmental
sampling of approximately 150 smaller employers based on industry type and geographic
representation within Palm Beach County. The results of the telephone survey were entered into
a SPSS format and cross-tabulated. The SPSS file also serves as a database and benchmark
for further survey research.
The following is a statistical summation of the key findings from the Palm Beach County Employer
Survey:
b The majority of Palm Beach County employers (58.4%) reported the cost of housing in Palm
Beach County has impacted their ability to recruit new employees.
The cost of housing has effected recruitment efforts for all levels of employees with entry
level positions (38.3%) most effected followed by technicians and trade personnel (34.4%).
70.6% of large employers (100 employees or more) and 46.2% of businesses employing less
than 100 people consider the cost of housing in Palm Beach County has had an impact on
recruiting new employees.
The majority of employers (69.1%) who consider the Palm Beach County cost of housing to
be affecting their recruitment ability also think that it is caused by a gap between wages and
housing prices.
67.8% of employers who recognized that the cost of housing in Palm Beach County has
impacted their ability to recruit new employees have had to expand or modify its recruitment
methods to attract prospective employees.
70.6% of large employers indicated the cost of housing in Palm Beach County has impacted
their businesslinstitution's ability to retain existing employees, compared to 46.2% of smaller
employers.
1
b
1
b
b
1 82.5% of employers who consider "proximity to workplace" and "commute time" important to
their employees estimated the average round trip commute time of their employees to be 45
minutes or less.
Based on the statistical analysis of the Palm Beach County Employer Survey, there is a
significant correlation between the employers' ability to recruit and retain workers and the cost of
housing in Palm Beach County, It also appears that employers are aware of the causes and
implications of housing costs and the relationship to recruitment, marketing, and the commute
Paliit Beach County Housing Needs Assessment
Mctropolitaii Center
40
time of employees. These issues will be further analyzed in the concluding Housing Demand and
Supply Assessment.
Palm Beach County Housing Needs Assessment
Metrouolitari Center
41
Future Housing Demand Projections
Future housing demand will be determined by employment and population growth. The axiom is
that people follow jobs. As previously cited, the Florida Agency for Workforce Innovation (AWI)
projects that Palm Beach County's employment will grow by 11 1,473 jobs between 2005-201 3 or
approximately 13,934 new jobs annually. Florida AWI projections indicate that Palm Beach
County's employment base will continue to expand and with substantially the same employment
mix through 2013. In most metropolitan markets the ratio between new employment growth and
housing demand is approximately 1 :I 5. Historically, Palm Beach County's ratio of job growth to
housing demand has been relatively equal. This is primarily due to the high level of service
sector employment that is absorbed by existing households.
The methodology for projecting future housing demand calculates Palm Beach County's
projected employment growth by industry type and population projections to 2025 disaggregated
by projected growth in the working age population (ages 20-64). Population projections provided
by the Florida Bureau of Economic and Business Research (BEBR) indicate that the County will
grow to 1,742,508 residents by the Year 2025. These population projections include an increase
of 178.202 persons within the workforce age population. Through 2015, growth in the county's
workforce age population (1 31,436) will keep pace with projected employment increases through
2013. Significantly, between 2015 and 2025 it is expected that there will be a concomitant
decline in job gain and population growth as near build-out occurs in Palm Beach County. Based
on these projections, nearly 75 percent of the County's growth (2005-2025) in its workforce age
population will occur in the next ten years.
Based on these projections, it is estimated that future employment and workforce age population
growth through Year 2025 will create the additional demand for approximately 97,966 housing
units affordable to households earning less than 120 percent of the AMI. The demand will include
approximately 28,906 new workforce housing units (80-1 20 percent of the AMI) and 69,060
workforce housing units for households earning less than 80 percent of the AMI. The method for
calculating affordability is based on the projected employment mix and level of income according
to occupations. These figures are then disaggregated to the municipal level based on projected
growth in workforce age populations, household incomes and existing employment mix. As
previously stated, these calculations, based on Florida AWI projections through 201 3, assume a
very similar and proportional employment mix.
Figure 31 : Projected Housing Demand 2005-2025
General Municipalities
Palm Beach County 69,060 28,906 1 97,966
Boca Raton 1,131 538 1,669
Boynton Beach 5,365 2,254 i 7,619
Delray Beach 3,680 1,438 j 5,118
Greenacres City 3,978 1,749 5,727
Glen Ridge 7 41 11
Haverh i I I 106 1 61 1 167
Hypoluxo 851 I 438 I 1289
Jupiter 3,333 2,106 I 5,439
Lake Park 658 215 873
Lake Worth 2,037 785 2,822
Lantana 349 135 1 484
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I 14 ’ i-.- Mangonia ~ Park
North Palm Beach 212 108 j 320
Palm Beach Gardens 1,073 530 1,603
Palm Springs 1,947 799 1 2,746
Riviera Beach 1,404 419 1 1,823
- -
Palm Beach Shores 63 30 j 93
S oii ivce tvle t rwol i ta ti Ccri to r
As shown in Figure 31, the greatest future demand for workforce housing will occur in West Palm
Beach (I 1,018 units) and the South Unincorporated Area (9.198 units) Other municipalities with
high future demand include, Boynton Beach (7,619 units), Wellington (6,466 units) and Royal
Palm Beach (6,108 units). Figure 34 depicts the various regions in the Unincorporated Areas and
the municipalities in Palm Beach County.
It is important to note that future demand does not include the ”existing” workforce housing
demand within each of the above municipalities and sub-geographies. For each municipality and
sub-geography, the total “unmet” existing workforce housing demand must be carried forth and
added to the above future demand calculations.
Palm Beach County Housing Needs Assessment
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Figure 32: Housing Demand 80-120% of AMI
\
Housing Den\ancl fot Households
Berween 80G~,-1200c of
Area Median Income
I1 I
1 LAKE OKEECHOBEE
A
Palrti Beach County Housing Needs Assessment
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Figure 33: Housing Demand Below 80% of AMI
Hoiisttig Deinaticl fot Households
Below 80% of
At ea Nleclian Income
1 I I/!
I Loxahatchee J
Wildlife Refuge
1
LAKE OKEECHOBEE
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Mctr opolitan Center
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Figure 34: Regional Areas of Unincorporated Palm Beach County
i
LAKE OKEECHOBEE
Palm Beach County Housing Needs Assessment
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Housing Demand Assessment
1. Significance
Housing demand is largely driven by several key factor conditions - local employment patterns,
shifts in population and household growth, and household income. Employment is the principal
driver of population and household growth. Moreover, job availability and the opportunity for
career advancement are the magnets for sustained population and household growth, including
growth in personal and household income. Conversely, economic decline and associated job
loss has the opposite effect, typically resulting in decreases in population, households and
household income with a profound effect on residential markets. Therefore, a clear
understanding of the relationship between current and projected employment and wages,
population and households and household income is fundamental to a housing demand analysis.
2. Analysis - Key Findings
The industry and employment analysis performed in Section II shows that Palm Beach County's
economic base is principally comprised of service-providing industries, most notably, Retail
Trade, Health Care and Social Assistance, Accommodation and Food Services and
Administrative Support & Waste Management, Remediation Services. In total, service-providing
industries account for 87 percent of all jobs in Palm Beach County. While service-providing
industries are essential to Palm Beach County's economy and do offer livable wages among
many of the associated occupations, the vast preponderance of employment is found in low-wage
earning occupations. In fact, Palm Beach County's 2005 median annual wage for all occupations
was only 27,851.
Palm Beach County's economic and employment profile is reflected in the median household
incomes of both owner and renter-occupied housing units. The study's income analysis shows
that 32 percent of the County's owner-occupied housing units earn 80 percent or less than the
area median income (AMI). For renter-occupied units, 55 percent of households earn less than
80 percent of the AMI. With the exception of a few affluent municipalities, the employment and
income profiles of Palm Beach County's municipalities are remarkably similar. In fact, many of
the more populated municipalities in Palm Beach County have household median incomes that
are less than the AMI, including: Lake Worth (35,207), Riviera Beach (37,642), West Palm Beach
(43,109), Greenacres (43,304), and Boynton Beach (46,709). This is due to the fact that the
employment of the housed labor force within the larger communities of Palm Beach County is
representative of the service-providing industries that comprise the County's economic base.
In calculating housing affordability, the standard ratio used by most mortgage lenders and
housing professionals is that housing expenses should not exceed 30 percent of a household's
gross monthly income. The study's housing demand analysis indicates that 31 percent of Palm
Beach County's owner-occupied households are currently paying in excess of 30 percent of their
income for housing expenses. The housing demand analysis also shows that 65 percent of Palm
Beach County's renter households currently pay in excess of 30 percent of their income for
housing expenses. Strikingly, nearly 50,000 renter households in Palm Beach County are
currently paying in excess of 50 percent of their monthly income for housing expenses.
The housing demand analysis included affordability calculations based on median household and
occupational income using conventional lending terms and underwriting standards The analysis
determined that for 19 of Palm Beach County's municipalities the affordable purchase price for a
single-family home would need to be less than $200,000 Significantly, affordability levels are
Pain1 Beach County Housing Needs Assessment
Mctropolitan Center
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lowest in many of the County's more populated municipalities, including Lake Worth ($1 12,061),
West Palm Beach ($134,146), Greenacres ($143,874), Boynton Beach ($147,772) and Delray
Beach ($1 61,622). Coincidentally, these municipalities also comprise the largest concentrations
of the County's workforce (See Figure 35).
The housing affordability calculations for occupations include certain targeted workforce
occupations, such as teachers, nurses, police officers and firefighters. Based on the current
annual salaries of these workforce occupations, the affordable purchase price of a single-family
home or condominium, with the exception of registered nurses ($220,239), would also need to be
less than $200,000. Elementary ($1 34,176) and secondary ($167,345) school teachers, at the
low end of the targeted workforce wage scale, have the lowest affordability thresholds.
Future housing demand will be determined by employment and population growth. The Florida
Agency for Workforce Innovation (AWI) projects that Palni Beach County will add an 'additional
11 1,797 jobs between 2005 and 201 3. According to Palm Beach County Planning Department
population growth estimates, the County will increase by approximately 327,000 persons during
this approximate time span (2005-2015). Based on this estimate, population growth should be
sufficient to absorb the projected job gain. Significantly, population projections show an increase
of 147,979 persons within the larger workforce age group (ages 20-64), including 52,224 persons
within the younger 20-34 workforce aged group.
Coincidentally, the projected increase in the workforce population will occur in municipalities
where the largest concentrations of the workforce currently reside. This is due to the fact that
Palm Beach County's employment and occupation mix is projected to remain fairly constant
during the next 20 years and in-County mobility will be severely restricted due to extremely high
housing values in the balance of municipalities.
3. Impact of Current and Future Demand
Palm Beach County's housing demand will be spurred by continued economic growth and net
migration. Current and future demand creates the need for single-family and rental housing units
priced at levels consistent with the household incomes and occupational wages of the local labor
market, including various targeted workforce occupations. The ability of Palm Beach County and
its municipalities to provide for this demand will ultimately determine the County's capacity for
housing its current and future workforce.
Recent trends show that job creation (1 3,934 jobs per year) is outpacing single-family housing
(10,000+ units) starts in Palm Beach County, thus creating a shortage of single-family homes,
particularly for households earning less than 120% of the AMI. Likewise, the current annual
demand of 5,656 additional rental apartment units per year is far outpacing new rental housing
starts and only minimally addressing the rental housing needs of Palm Beach County's
households earning less than 80 percent of the AMI.
Based on employment and occupations projections, Palm Beach County's future housing
demand will total approximately 98,000 units between 2005-2025. Future housing demand will
consist of 28,906 units for households earning 80-120% of the AMI and 69,060 units for
household earning less than 80 percent of the AMI. Future housing demand will be greatest in
West Palm Beach (11,018 units), Boynton Beach (7,619 units), Royal Palm Beach (6,108 units)
and Greenacres (5,727 units).
The AWI projection of 11 1,797 new jobs in Palm Beach County by 201 3 has significant housing
demand implications, due to the direct correlation between the growth in the workforce age (20-
64) population and housing demand and location. Currently, the largest concentrations of the
workforce age population are located in West Palm Beach (55,527), Boca Raton (46,394), Delray
Beach (36,749) and Boynton Beach (36,720). Projections for 2025 indicate that the largest
Palm Beach County Housing Needs Assessment
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Figure 35: Concentration of the Leading Occupations by Municipality
LAKEOKEECHOBEE
Printed June 2006 \
Palm Beach County Housing Needs Assessment
Mctropolitan Center
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increases will occur in Wellington (20,241), West Palm Beach (17,026), Royal Palm Beach
(14,283). Boynton Beach (12,273) and Jupiter (1 2,032).
The results of the “Employer Survey” conducted as part of the Palm Beach County Housing
Needs Assessment indicated a positive correlation between housing demand and local
employment. Existing housing demand with respect to local choice and affordability has impact
the ability of local employers to recruit and retain their workers. The survey findings concluded
that the situation is particularly acute among lower wage, entry level and technicalltrade levels of
employment. This is to be expected as lower-wage workers are most impacted by a rise in
housing costs and have limited mobility within the housing market. However, lower-wage
workers, as noted throughout this study, comprise the vast majority of Palm Beach County’s
resident employees. While hard statistical evidence is lacking, there is substantial anecdotal
evidence and other indicators, e.g. the aforementioned employer survey, that workers are leaving
the county in search of more affordable housing opportunities in Martin and St. Lucie Counties to
the north and Broward County to the south.
Current and Projected Housing Supply
1. Significance
Housing supply factors include the total number of units by type, price range, tenure and
absorption. Housing supply analysis must also consider development trends and projections
based on building permit data and planned development activity. Furthermore, it is essential that
a housing supply analysis capture the dynamics of a housing market, particularly in locations
undergoing inflationary housing booms such as South Florida where property appreciation rates
have skyrocketed and where investors have significantly altered the housing supply through the
wholesale conversion of the multi-family rental housing stock into condominiums. When
combined with housing demand, these supply factors enable analysts to extrapolate data about
employment, population and household incomes to determine the relative balance between local
supply and demand.
2. Analysis - Key Findings
As indicated in the preceding Housing Supply Analysis, in Section Ill, Palm Beach County’s
housing supplylinventory has increased by 67,286 units or 13 percent between 2000-2006.
During this period the County has averaged over 12,200 new housing units per year. The largest
increases occurred in Unincorporated Palm Beach County (28,481 units), West Palm Beach
(7.403 units), Wellington (4,968 units), Jupiter (4,458 units), Palm Beach Gardens (4,088 units)
and Royal Palm Beach (4,063 units). The highest growth rates occurred in Royal Palm Beach
(50 percent growth) and Wellington (34 percent growth).
Palm Beach County’s new housing construction (2000-2006) is comprised of 43,895 single-family
and 16,723 multi-family units. Unincorporated Palm Beach County absorbed 55 percent (24,018
units) of the new single-family homes. Municipalities with the largest increases include
Wellington (3,768 units), West Palm Beach (3,576 units), Royal Palm Beach (3,130 units), Palm
Beach Gardens (2,483 units) and Jupiter (2,024 units). The largest increases in new multi-family
units occurred in West Palm Beach (3,058 units), Unincorporated Palm Beach County (2,531
units), Jupiter (2,062 units), Boynton Beach (1,376 units) and Delray beach (1,323 units).
While there has been a 13 percent growth in the Palm Beach County’s housing supply since
2000, there has been a steady decline in both single-family and multi-family housing starts in the
past two years. Single-family housing starts peaked in 2003 (10,788 starts) but declined by 4
Palm Seach County Housing Needs Assessment
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percent in 2005 with an additional 8.5 percent (8,900 starts) decline projected for 2006. Likewise,
multi-family housing starts declined 4.7 percent from a peak of 4,578 units in 2004 to 4,364 units
in 2005. A further 9.9 percent (3,930 starts) is projected for 2006.
The vacancy rate for apartments in Palm Beach County is at an all time low. Since 2003, the
County's vacancy rate has declined from approximately 6 percent to a low of 2.4 percent in
November 2005. The apartment market vacancy rate declined to 2.8 percent in August 2005
down from 3.6 percent in August of 2004. The lowest vacancy rates are found in east West Palm
Beach (0.7 percent), Delray Beach (1.3 percent) and Central and West Boca Raton (2.0 percent).
The major factors contributing to the low rental apartment vacancy rates in Palm Beach County
has been condominium conversions that have resulted in the loss of nearly 14,000 rental units in
the past year alone, and the decline in rental apartment construction. Although the annual
demand for rental apartments in Palm Beach County is approximately 5,656 units, there were
only 1,332 apartment units completed and a mere 450 units started as of the third quarter of
2005. As a result of the low supply in rental units, the County has less than a month's supply of
new rental apartment units on the market at any given time.
Current housing values for single-family homes and condominiums are the result of a substantial
market appreciation period that began with a 10 percent increase from 2001-2002, then rapidly
escalated to 62 percent for single-family and 56 percent for condominiums between 2003-2005.
Double digit increases in median sale values are evident throughout Palm Beach County. The
highest appreciation rates for single-family homes occurred in West Palm Beach (36
percent/$329,950 median value), Royal Palm Beach (33 %. $365,000 median value) and
Greenacres (31 Yo, $390,000 median value).
Appreciation rates for condominiums between 2003-2005 soared in many municipalities,
including Jupiter (71 percent/$334,000 median value), Greenacres (43 percent/$215,000 median
value) and Lake Worth (34 percent/$142,500 median value). During the third quarter of 2005,
38.9 percent (671 units) of all condominium sales were in the $175,000-$249,999 price range
followed by 25.5 percent (441 units) of sales in the $250,000-$349,999 price range. During this
quarter, the highest median sales prices for condominiums occurred in east Boca Raton
($304.000) and West Palm Beach ($300,000).
As previously noted in Section Ill, rents in Palm Beach County have increased by 52 percent
since 2000. As of November 2005, the average rent for a two-bedroom apartment in Palm Beach
County is $1,122. An analysis of new market rate rental activity in Palm Beach County in 2005
indicates that most rental housing development is upscale with rents ranging upwards of $1,000-
$2,000 a month. Likewise, planned market rate rental development in 2005 was also directed
toward the upscale rental market. Tax credit apartment developments, which target households
earning between 30-60% of the area median income (AMI), currently average $774.00/month.
The highest average rents in Palm Beach County are east Boca Raton ($1,609) and Delray
Beach ($1,375).
Importantly, 41 percent of the County's housing supply is now over 25 years old. The age of the
housing stock is an important element of a housing needs assessment due to the fact that often
with age comes deferred maintenance issues that can become costly and result in the eventual
loss of housing units. Older housing in various pockets can also be a source of relatively
affordable housing in an appreciating market such as South Florida. Indeed, many of these
pockets are located in older sections of eastern Palm Beach County municipalities such as Lake
Worth, Lantana. and Lake Park. However, this housing stock needs to be preserved in order for
it to be a viable inventory of affordable housing.
Palni Beach County Housing Needs Assessment
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3. Impact of Current and Future Housing Supply
Palm Beach County's current supply of owner and renter housing has undergone an
unprecedented increase in value over the past two years that has created a severe
demandlsupply imbalance. Palm Beach County's current median sale price ($390,000) and
average rent ($1,122) far exceed the affordability level of most households, irrespective of most
occupation and income categories, thus creating severe cost burdens for owner and renter
households alike.
The severity of Palm Beach County's housing supply and demand imbalance is perhaps best
quantified by the median house price-to-income ratio, a key economic indicator in assessing local
market trends and vitality. Nationally, the median house price-to-income ratio has more than
tripled in the past five years in many high priced metropolitan markets such as New York City,
Boston, and Los Angeles. In comparison, the median house price-to-income ratio in Palm Beach
County has increased from 5:l to 7:l in just the last three years.
Palm Beach County's affordable housing supply imbalance has been exacerbated by three
important market conditions: 1 ) the continuing trend toward upscale single and multi-family
development that is incompatible with the housing demand of the majority of Palm Beach
County's working residents, 2) the substantial loss of the County's rental housing supply as a
result of condominium conversions, and 3) the overall decline in rental housing production.
Despite widespread housing demand throughout Palm Beach County for housing that is
affordable for working households earning less than 120 percent of the AMI, nearly all planned
residential development is priced at levels that only households earning well in excess of 200
percent of the AMI can afford. So, while overall housing production has declined in the past two
years, the level of affordable housing production has been virtually non-existent. In the past three
years, over 22,000 rental units have been converted into condominiums, nearly 14,000 in the past
year alone. The loss of rental housing to condominium investment has been Countywide and has
created cost pressures that have had a ripple effect across the rental housing market. Most
evident has been the steady decline of vacancy rates to an overall level of 2.4 percent. As of
June 2005, only 83 new rental units were in inventory, far below an acceptable supply to meet the
current rate based on an estimated annual demand of 5,656 units. The decline in new rental
housing production, as evidenced by the absence of construction start-ups during 2005 and
projected for 2006, has created added cost pressure in the rental market.
Housing Affordability Gap Analysis
The housing affordability gap analysis for Palm Beach County and its municipalities reveals the
extent of the demandkupply imbalance that has emerged during the past three years. The home
price to income ratio for the county and most municipalities now far exceeds the national average.
Rapid appreciation in the single-family home market coupled with the substantial loss of rental
inventory has created a local housing supply that is financially unattainable for most Palm Beach
County households. Significantly, only 17 percent of Palm Beach County's households earn
more than $IOO,GOO annually. And, more strikingly, approximately 90 percent of Palm Beach
County's households would be unable to purchase a single-family home at the current median
sale price.
The analysis shows that affordability gaps for single-family homes are widespread throughout
Palm Beach County The current ($392,900) median sale price for a single-family home in Palm
Beach County creates a $209,471 affordability gap based on the $52 825 area median income
(AMI) Significantly, affordability gaps are particularly acute in many of the larger municipalities
that house the County's workforce, most notably, West Palm Beach, Palm Beach Gardens,
Riviera Beach, Greenacres and Boynton Beach While substantial affordability gaps are not
Palm Beach County Housing Needs Assessment
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surprising in exclusive enclaves such as South Palm Beach, Highland Beach and Juno Beach,
the widespread level of unaffordability among the balance of Palm Beach County's municipalities
is striking. In fact, 29 of the 37 municipalities in Palm Beach County show affordability gaps for
single-family home purchase. In 26 of these municipalities the affordability gap exceeds
$1 00,000.
The current ($220,200) median sale price of a condominium in Palm Beach County creates an
affordability gap of $35,265 based on the household AMI. Affordability gaps within the
condominium market are also widespread, but not as extreme as the single-family market.
Affordability gaps exist in 20 municipalities and, excluding the County's enclave communities, the
largest gaps are found in Riviera Beach ($143,907), Jupiter ($143,422), Palm Beach Gardens
($89,528), Boynton Beach ($80,097) and West Palm Beach ($69,713).
Housing affordability gap levels in the rental market are extreme. The average rent in Palm
Beach County in 2005 was $1,122/month, a 52 percent increase from 2000. Rent levels in
municipalities with large concentrations of rental housing and workforce populations, including
Palm Beach Gardens ($1,700), Delray Beach ($1,622), West Palm Beach ($1,600) and Boca
Raton ($1,600) are above the Palm Beach County average rent price. The current average rent
for Palm Beach County and most municipalities exceeds the affordability level of all households
earning 80 percent or less of the area median income (AMI).
The housing demand analysis indicates that 294,565 (55 percent) of Palm Beach County's
households earn less than 120 percent of the AMI. In fact, 104,389 households earn less than 50
percent (25,884) of the AMI, which, coincidentally, is just under the median annual wage
($27,851) in Palm Beach County. Clearly, there is an extreme imbalance and mismatch between
the housing demand of the majority of households and workers in Palm Beach County and the
cost of the existing housing supply.
Assessment of Housing Supply and Demand Conditions on Future
Ernployrnent and Economic growth
As previously discussed, there exists a direct correlation between employment growth and future
housing demand. Historically, metropolitan areas that have experienced economic growth have
also seen strong housing demand, including appreciating housing values. Housing prices tend to
rise as jobs and incomes continue to grow.
A number of factor conditions influenced the explosive 2003-2005 housing market in Palm Beach
County and South Florida, including economic growth, a heavy investor market, low mortgage
interest rates and the proliferation of less conventional mortgage financing products such as
adjustable rate mortgages (ARMS) and negative interest mortgages.
Most economic analysts predict that the drop in single-family home starts and new home sales
that became evident in the last six months of 2005 will continue in 2006 and 2007. Home price
appreciation is also expected to decrease to more modest single digit levels with estimates of 5-
6% annually, though initial depreciation could continue through the first six months of 2006 as the
market adjusts to the inflationary pattern of the last three years. This will most likely occur in the
upper end of the housing market and in certain geographical sub-markets. However, the
increasing inventory of single-family homes currently on the market is concerning. In fact, Palm
Beach County single-family home sales in April 2006 declined by 43 percent from April 2005, a
negative trend that has continued since November 2005 and has returned Palm Beach County to
a mid 1990s sales activity level. Statewide, this six-month decline is only comparable to the high
price markets of Naples and Sarasota. Likewise. condominium sales have also plummeted with a
50 percent decline in sales from April 2005 to April 2006.
Palm Beach County Housing Needs Assessment
Mctrouolitan Center
53
Many observers and analysts, including the National Association of Realtors (NAR), believe that
continued job growth and net migration will maintain the local housing market in South Florida,
thereby preventing a housing market bust. Historical trends show that home price declines are
rare and, in general, have only occurred as a result of prolonged job loss in a given housing
market. Despite the general optimism that a housing market bubble burst is unlikely, and that a
return to more modest appreciation levels will increase demand once again, there are three
interrelated factors to consider with respect to Palm Beach County's housing market: 1) the
growing affordable housing supply shortage, 2) an unwavering home value to income ratio and,
most importantly, 3) an incessant development pattern that has produced a housing supply
mismatch with the market demands of Palm Beach County's existing and future resident
workforce.
As previously discussed, Palm Beach County's affordable housing shortage IS largely due to
inflationary housing values that far exceed the income of County residents; the substantial loss of
multi-family rental housing through condominium conversions; and the overall decline in new
housing construction.
The loss of the County's affordable housing supply through rapid inflation and condominium
conversions is not recoverable. While housing values are expected to adjust to overall demand in
the housing market, projected economic growth and demand for second "resort" homes will
continue to drive the market for single-family homes and condominiums. Rent prices will also
remain high due to the current low inventory and sharp decline in rental housing production.
While much focus has been given to Palm Beach County's loss of affordable housing in terms of
cost, conversion and new production, there is also the need to address the age and condition of
the existing housing stock. As noted, approximately 41 percent of Palm Beach County's housing
stock is now over 25 years old. Included in this amount are 52,595 housing units that are now
over 45 years old. Older housing typically comprises a significantly large inventory of relatively
affordable housing in a housing market. However, evidence clearly shows that as the housing
stock ages, code and deferred maintenance issues increase substantially. In most of the higher
priced metropolitan areas in the country, workers can usually locate relatively affordable housing
in certain geographical sub-markets or pockets that have not undergone rapid appreciation.
Older, single-family homes in many of the less affluent neighborhoods in eastern Palm Beach
County will need to be preserved as part of a viable affordable housing supply.
The high median home value to median household income ratio is not likely to lower despite a
recent decrease in median sales values and a projected return to modest appreciation levels.
The current ratio of greater than 7:l is extreme and creates affordability gaps that cannot be
addressed without deep subsidies and/or a heightened level of new affordable housing
production. This market condition should persist due to the continuation of an economic growth
pattern in Palm Beach County that is tourism-based with new employment occurring largely in
low-wage service and retail occupations. So, while job growth has been significant in recent
years and, in fact, outpaced new housing starts, there is little correlation between demand and
current housing values. Furthermore, with only a 1 percent growth in per capita income from
1999-2003 it is unlikely that Palm Beach County's economic growth, now or in the foreseeable
future, can offset the relative high cost of housing.
Furthermore, substantial evidence now exists that Palm Beach County's employees are moving
to other counties in search of affordable housing opportunities. This growing competitive
disadvantage may become acute as commute times become longer and more expensive with the
price of fuel, and as counties to the north expand their employment base with commercial and
retail development to accommodate current and projected population growth. The results of the
employer survey indicate that this dynamic is already occurring and that it is impacting both the
recruitment and retention of Palm Beach County's employees.
Pain, Bcach County Housing Needs Assessment
Mrt I o I J o I I ta n C e n te t
54
FDIC
March 2 1,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
Seacoast National Bank has recently located its Palm Beach County Headquarters on PGA
Boulevard and is committed to growing Seacoast’s presence both in Palm Beach Gardens and
Palm Beach County.
In doing so, we recognize the need for employers in Palm Beach Gardens to have the ability to
attract and retain quality employees. I urge your support of the Employer Sponsored Housing
initiative proposed by Frenchman’s Creek, as supported by your Growth Management Staff.
Sincerely,
President, Palm Beach Region
PO. Box 32245, Palm Beach Gardens, Florida 33420-2245
CHANNING CORPORATION
March 7,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
As you know, I have been active in the affairs of this City for over twenty years, including seven
years as a member of the Planning and Zoning Board and seven years as a founder and director
of the PGA Corridor Association. My company developed and operates the PGA Commons
mixed-use project located on PGA Boulevard. Both our company and our tenants are seriously
affected by the need for attainable housing within a reasonable distance from PGA Commons.
As an employer, developer, and landlord in this City, I strongly support the concept of the
Employer Sponsored Housing initiative.
,
Palm Beach Gardens, FL 33410
(561) 630-8630
z:\$docs\FrcnchmansCreek\SanMatera\Channing.le
5520 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33418 (561) 630-8630 FAX (561) 630-8631
ASSOCIATION - --rR
2006-2007 Officers & Directors:
Steve Cohen, Chairman
Jean Strickland, Immediate Past Chair
Greg Leach, Vice Chairman
Dr. Patti Anderson, Treasurer
Joey Eichner, Secretary
Barbara Allan
Jim Ash
Thomas Calrnes
Frank Callander
Joel Channing
Lou Gaeta
Gary Gottlieb
Jim Griffin
Stephen S. Mathison
Phil Woodall
SUSTAINING MEMBERS:
1'' United Bank
Astorino & Associates, Ltd.
Bascom Palmer Eye Institute
Catalfumo Construction & Development
Channing Corporation
Comerica Private Banking
Cotieur & Hearing, Inc.
DMJ Property Services, Inc.
Ecclestone Signature Homes
Equus Properties
Fidelity Federal Bank & Trust
Fisher-Gaeta Corp.
Florida Atlantic University
Grand Bank & Trust of Florida
Holland & Knight LLP
Huntington National Bank
Illustrated Properties Real Estate, Inc.
Implant Innovations, inc.
John C. Bills Properties, Inc.
Keller Williams Realty
Lamn, Krieiow, Dytrych 8 Co.
Lydian Trust Company
Menin Development Companies
NAllMerin Hunter Codman, Inc.
North Palm Beach County Chamber of Commerce
Page Group Commercial Realty, Inc.
Palm Beach Community College - Eissey Campus
Palm Beach Gardens Marriott
PGA Marina Center, Ltd.
Seacoast National Bank
SRA Research Group, Inc.
Stephen S. Mathison, P.A.
Tequesta Agency, Inc.
The Forbes Company
The River House Restaurant
UBS Financial Services, Inc.
Wackenhut Services, Inc.
WaiterslGottlieb Partners, Inc.
Waterway Cafd, inc.
WCI Communities, Inc.
Windsor Gardens Hotel
WPBF- N 25
March 21,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
The mission of the PGA Corridor Association is to preserve
and enhance the PGA Corridor as the major business
corridor within Northern Palm Beach County. Members of
the PGA Corridor Association include major land owners
and businesses located in proximity to PGA Boulevard.
For some time, our members have expressed serious concern
regarding the challenge in attracting a qualified workforce
due to lack of attainable housing within proximity of PGA
Boulevard.
The PGA Corridor Association has reviewed the Employer
Sponsored Housing initiative proposed by Frenchman's
Creek, and strongly supported by your professional Growth
Management Staff. The Association feels the Employer
Sponsored Housing initiative is a positive first step in
addressing this very real and pressing need which is vital to
the continued health of businesses along PGA Boulevard,
and within the City as a whole.
Sincerely,
PGA Corridor Association
Steven Cohen
Chairman
3001 PGA Boulevard, Suite 200
Palm Beach Gardens, FI. 33410
(561) 691-8352
March 8,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 North Military Trail
Palm Beach Gardens, FL 334 10
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
The Country Club at Mirasol is a community which currently consists of approximately
950 residents. This number will rise to an eventual 1170 residents, when the community
is complete. The Country Club at Mirasol employs approximately 230 people.
As with other major employers in the City, Mirasol has faced a serious challenge with
respect to attracting and keeping qualified employees due to a lack of attainable housing
in the area. Frenchman’s Creek, Inc. has provided us with a copy of its proposal for an
Employer Sponsored Housing initiative, which has also been reviewed and recommended
for approval by City SMf.
Mirasol views this proposal very positively and indeed may look to the Employer
Sponsored Housing Ordinance as a tool for addressing our community’s needs. As such,
Mirasol strongly urges your support of the Employer Sponsored Housing initiative.
Sincerely, /’
Matt Lambert
General Manager
The Country Club at Mirasol
11600 Mirasol Way
Palm Beach Gardens, PL, 3341 8
(561) 776-4949 CITY OF PALM BCH GDNS
The Country Club at Mirasol A 1 1600 Mirasol Way A Palm Beach Gardens, FL 334 1 8
P) 561 776.4949 F) 561 776 4943
M Taylor Woodrow
LYDIAN-'" BANK 62 TRUST
March 7,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairnian Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
FW: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
Lydian Bank & Trust and Virtual Bank maintain two offices located within the PGA Boulevard
Corridor, and are coiiiiiiitted to participate as corporate citizens of Palm Beach Gardens. As the
employer of approximately 300 eniployees in our Palm Beach Gardens offices, with expectation
of significantly growing this number, we recognize the need to be able to attract quality
employees to our institution.
I urge your support of the Employer Sponsored I-Iousing initiative proposed by Frenchman's
Creek as a step towards addressing this need which is vital to the economic health and vitality of
the City of Palm Beach Gardens.
Sincerely,
Rich P. Bursek, Executive Vice President, COO
Lydian Bank & Trust
180 Royal Palm Way
Palm Hciirli, Florida 33430
lelephone 561-514-4900
Facsimile 561-514-4908
www.lydiilnbank.com
3101 PGA Boulevard
Palm Beach Gardens, FL 3341 0
561.775.0510 Main
561.630.7297 Fax
THE FORBES COMPANY
March 26,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
As you know, The Forbes Company owns and operates The Gardens Mall located on PGA
Boulevard.
The Forbes Company and our tenants face the constant challenge of attracting qualified
employees, in large part due to the need for attainable housing within a proximity to The
Gardens Mall.
As such, The Forbes Company strongly urges your favorable consideration of the Employer
Sponsored Housing initiative, Petition No. LDRA-07-0 1-0000 1 1, supported by your professional
Staff.
Thomas Cairnes
Director of Construction
The Forbes Company
3 10 1 PGA Boulevard
Palm Beach Gardens, FL 33410
(561) 622-21 15
ClTY OF PALM BCH GDNS
PLANNING k ZONING DIV
' Wealth &Institutional Management
Comerlca Bank 1800 Corporate Bivd., NW
Boca Raton, Florid& -31.7394
March 23,2007
City of Palm Beach Gardens
Planning 8 Zoning Board
AT'TN: Chairman Craig Kunkle
105OO N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
Comerica Bank ha$ offices at 2401 PGA Boulevard in the City of Palm Beach Gardens.
Comerim Bank is among the largest banking institutions in theJhited States and is
committed to growing our presence in Palm Beach County, particularly in the City of
Palm Beach Gardens.
Comerica Bank recognizes the need for employers in Palm Beach Gardens to have the
ability to attract and retain qualified employees.
As such, 1 strongly urge your support of the Employer Sponsored' Housing initiative
proposed by Frenchman's Creek as supported by your Growth Management Staff.
Regional Managing Director
Cornerica Bank
Direct: 561-2414834 National: 800-777-7198 Far: 561-2414828 e-mall: rbnobl~s@mrn&m.mrn
CITY OF PALM BEACH GARDENS
NOTICE OF PUBLIC HEARING
BY THE
CITY COUNCIL
CITY OF PALM BEACH GARDENS, FLOFUDA
PLEASE TAKE NOTICE that the CITY COUNCIL will conduct a Public
Hearing on May 17, 2007, at 7:OO p.m., or as soon thereafter as can be heard, at
the City Hall Building located at 10500 North Military Trail, Palm Beach Gardens,
Florida regarding:
2nd Reading - Ordinance 10,2007 - EMPLOYER SPONSORED HOUSING
Public Hearing Request and Consideration of Approval: A request initiated by
Stephen Mathison on behalf of Frenchmen's Creek, Inc., for an amendment to the
Land Development Regulations (LDRs), in order to provide for an Employer
Sponsored Housing program in the City of Palm Beach Gardens. Employer
sponsored housing is a private sector venture initiated when an employer
voluntarily provides living quarters for their employees with property they have
purchased. An employer, such as Frenchmen's Creek, may utilize the program to
house their employees in multi-family developments with over 500 units that have
buildings with more than five units under one roof. Currently, the LDRs allow a
maximum occupancy rate of four persons not related by blood or marriage in a
dwelling. The Applicant proposes an Employer Sponsored Housing program that
would allow an employer to house up to five employees not related by blood or
marriage in a three bedroom unit or a two bedroom unit with a den. In
consultation with the Applicant, staff has proposed protections to maintain the
integrity of the residential communities and included additional regulations to
further protect the public health, safety and welfare. Please note that the following
large multi-family developments, Union Square and San Matera, would be eligible
for the program if the City Council adopts the LDR amendment as proposed.
However, the total number of units in each development dedicated to employer
sponsored housing is limited to five percent of the community. Please also be
aware that the provisions of the ordinance will not alter, supersede or remove the
applicable HOA or POA restrictions. Furthermore, an applicant for the program
must include applicable HOA or POA consent in order to qualify.
All members of the public are invited to attend and participate in said public
hearing. All documents pertaining to said request may be inspected by the public
in the Growth Management Department (56 1-799-4243) located at the Municipal
Complex Building during regular business hours, Monday through Friday, 8:OO
a.m. - 5:OO p.m., except for holidays.
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 public hearing if this assistance is required. For hearing
impaired assistance, please call the Florida Relay Service Numbers: 800-955-877 1
(TDD) or 800-955-8770 (VOICE).
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ORDINANCE IO, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO EMPLOYER-
SPONSORED HOUSING; CREATING A NEW SECTION 78-193,
CODE OF ORDINANCES, TO BE ENTITLED “EMPLOYER-
SPONSORED HOUSING”; AMENDING SECTION 78-751, CODE OF
0 RDI NAN C ES, EN TITLED “ DE FI N IT10 N S” ; PROW DING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 78-751, Code of Ordinances, defines family as including a
group of not more than four (4) persons not related by blood or marriage, living together
as a single housekeeping unit in a dwelling; and
WHEREAS, the City has received a request (LDRA-07-01-000011) from Stephen
Mathison on behalf of Frenchman’s Creek, Inc. for approval of an amendment to the
land development regulations to create provisions for an Employer-Sponsored Housing
program; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, this Land Development Regulations amendment petition (LDRA-07-
01-000011) was reviewed by the Planning, Zoning, and Appeals Board at public
hearings on March 6, 2007, and March 27, 2007 which recommended its denial by a
vote of 3-2; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-1 93, Code of Ordinances, to be entitled “Employer-
Sponsored Housing” is hereby created to read as follows (deleted language is skteken
#fwgh; new language is underlined):
Date Prepared: January 30,2007
Ordinance 10,2007
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Sec. 78-1 93. Employer-Sponsored Housing.
(a) PurDose. Emplover-Sponsored Housina, pursuant to the criteria and
limitations provided herein, will assist in meetina housing needs in the City
by allowing the implementation of an approved management plan for
providing employee living quarters at appropriate locations.
(b) Permitted Locations. Emplover-Sponsored Housing programs shall be
limited to a multi-family development with a minimum of 500 dwellinq
units. provided that all multi-familv buildinas in the development contain a
minimum of five (5) dwelling units.
(c) Criteria. The Applicant shall demonstrate compliance with the followinq
criteria at the time of application:
The application shall be submitted by a single employer whose
place of business is located within the City of Palm Beach Gardens.
The application shall be solelv for providing emplovee livinq
quarters.
The propertv subiect to the application shall be in a multi-family
development with a minimum of 500 dwellinq units.
Occupancv shall be limited to a maximum of five (5) unrelated
persons occupying a three (3) bedroom unit or a two (2) bedroom
unit with a den. The altering of existing floor plans is prohibited.
The Applicant shall be the owner or lessee of a minimum of ten (IO)
dwelling units within the multi-family development, and there shall
be no more than an aqgregate maximum of five percent (5%) of the
units in said development participatinq in the proqram. If the owner
is not the Applicant, the Applicant shall submit a notarized affidavit
indicating the owner’s consent to participate in the program.
(d) Manaaernent Plan. At the time of application, the Applicant shall provide a
management plan, which at a minimum shall contain the followinq
elements:
(1) Documentation that demonstrates that the application meets the
criteria for the program.
(2) Provision for a single Doint of contact responsible for the program.
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(3)
(4)
0
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(7)
(8)
Date Prepared: January 30,2007
Ordinance 10,2007
A plan for transportation of emplovees to and from the place of
emplovment.
Estimated term of existence of the Emplover-Sponsored Housing
program.
Estimated turnover of occupancy of emplovees, i.e., minimum
months' stav for each employee.
Examples of any additional elements to the manaqement plan that
would benefit emplovees and/or mitigate potential impacts to the
communitv as requested bv the Citv.
If a two (2) bedroom unit with a den is used in the program, the
Applicant shall demonstrate that adequate parking is beinq
provided bv meetinq the minimum requirements in accordance with
Citv Code, or bv restricting the number of parkinq spaces used to
two spaces.
Review, Aporoval and Appeal. All Emplover-Sponsored Housing
applications shall be reviewed bv Growth Management Staff and shall be
approved in writing bv the Growth Manaqement Director onlv upon
demonstration bv the Applicant of compliance with Sections (b). (c), and
/d) above. Upon denial of an application, the Applicant mav appeal the
Growth Manaqement Director's decision in accordance with Citv Code.
Upon approval of the application, the Applicant shall maintain the
Emplover-Sponsored Housing program for a minimum of five (5) vears.
Annual Reoorf. For a minimum period of five (5) vears after approval of
the Emplover-Sponsored Housing application. the Applicant shall provide
an annual report on the anniversary of approval demonstrating continued
compliance with Sections (b), (c). and (d) above. Should the Applicant
continue the Emplover-Sponsored Housing program bevond the minimum
five (5) vear period, the said Applicant shall file with the Growth
Manaqement Director annual reports demonstrating such compliance until
the Emplover-Sponsored Housinq proqram is terminated, either bv the
Applicant or as set forth in Section (g) below.
Revocafionrrerminafion. An approved Emplover-Sponsored Housing
program shall be revoked or terminated upon the following:
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Date Prepared: January 30,2007
Ordinance 10, 2007
(1) The Applicant’s failure to maintain the Emplover-Sponsored
Housinq program in accordance with Sections (b), (c), and (d)
provided herein, including, but not limited to, compliance with all
aspects of the approved management plan.
(2) The Applicant’s failure to file an annual report, as required herein,
or the Applicant’s failure to demonstrate continued compliance with
the approved program in an annual report.
(3) The sale of anv dwellinq unit included in the plan.
(h) Effect of Revocafion/Termination. Upon revocation or termination of an
approved Emplover-Sponsored Housing plan, occupancv of anv units
included in the approved plan shall be limited to a maximum of four (4)
unrelated persons or as otherwise provided for in the Code of Ordinances.
SECTION 3. Section 78-751 Code of Ordinances entitled “Definitions” is hereby
; new language is amended to read as follows (deleted language is
underlined):
Sec. 78-751. Definitions.
Ernpolover-sponsored housing means a multi-familv dwelling approved bv the Citv as
part of the Emplover-Sponsored Housing program, designed solelv to house emplovee
living quarters at a maximum occupancv of five (5) persons not related bv blood or
marriage, living together as a single housekeeping unit in a three (3) bedroom or a two
/2) bedroom with a den.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
4
Date Prepared: January 30, 2007
Ordinance 10,2007
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46 47
PASS ED 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
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney /
G:\attorney-share\ORDlNANCES\ernployer sponsored housing - ord 10 2007-as revised at 1st reading.doc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 20, 2007
Meeting Date: May 17, 2007
Resolution 48, 2007
SubjecUAgenda Item: Resolution 48,2007, authorizing the Mayor to sign a letter of
support for the South Florida Regional Transportation Authority's (SFRTA) need for
a dedicated source of funding which does not increase property taxes.
[XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
City Attorney
Submitted by:
Stacy A. Rundle
Assistant to the City
Manager t@-
Approved by: @e
Originating Dept.:
Administration
Advertised:
Date:
Paper:
[XI Not Required
Affected parties: N1-
[ ]Notified
/"
[XI Not required
costs: $0
(Total)
$9 Current FY
Funding Source: NIA
[ ]Operating
[ ]Other
Budget Acct.#: I /A
I Council Ac ion:
[ ]Approved
[ ]Approved w/
conditions
[ ]Denied
[ ] Continued to:
Attachments:
0 Resolution 48, 2007
Palm Beach County
League of Cities
Resolution No. 07-01
[ ]None
Date Prepared: April 20, 2007
Meeting Date: May 17, 2007
Resolution 48, 2007
BACKGROUND:
The South Florida Regional Transportation Authority (SFRTA) was created on July 1,
2003, comprised of Broward, Miami-Dade and Palm Beach counties. The SFRTA is
working diligently to plan, develop, fund and operate a seamless, safe and efficient
regional transportation system. Among their current, proposed projects are:
H Jupiter/Scripps Extension
Florida East Coast Corridor
Regional Transit Oriented Development
Bee Line Extension
Tri-Rail Station Improvements
To enable the SFRTA to provide the regional transit projects it desires, a dedicated
source of funding of at least $50 million per year is required. These funds will:
J Increase regional mobility and connectivity
J Attract Federal Transit Administration funding
J Provide greater return on investment for State and Counties
J Support sustainable economic growth
J Enhance quality of life
J Accelerate transit expansion projects
Clearlight Communications, Inc. is working with SFRTA to garner support ic, t li.
endeavor, and is soliciting letters of support for municipalities in Palm Beach
County. On February 14, 2007, the Palm Beach County League of Cities adopted
Resolution No. 07-01, supporting Senate Bill 606 proposed in the 2007 Legislative
Session concerning authorization for the South Florida Regional Transportation
Authority (“SFRTA”) to pledge a $2.00 rental car surcharge as a recurring funding
source for SFRTA.
Resolution 48, 2007, if approved, will authorize Mayor Joseph R. Russo to y.2 - .
letter of support for the SFRTA. This item was originally on the May 3,2007 coilsdrlL
agenda for consideration by City Council, but was pulled from the agenda and
moved to this meeting date.
RECOMMENDATION:
Staff recommends approval of Resolution 48, 2007 as presented.
Page 1 of 1 - South Florida Regional Transportation Authority
rn --
Broword Counl
Transit
Miorrii-Dodu Trond
Palm Trori
Tri-Rail -
~ploymmt
Mwrfnes
Procunm.nt
0Iaaadvantag.d Budnoss EnHrprh
Pnsr Releoru
Nmrilonwr
Planning & Capital
Warning Board
omvdopnun)
con-? UE
Bruno A. BWrdrO, Chair
Miami-Dade County Commissioner
Miami-Dade County Commission
1454 Southwest 1st Street
Suite 130
Miami, FL 33128
Phone: (305) 643-8525 3 Fax: (305) 643-8528
I
Jamas A. Cummings
Broward County Representative
lames A. Cummings, Inc.
3575 NW 53rd Street
Fort Lauderdale, FL 33309
Phone: (954) 733-4211
Fax: (954) 733-8051
Mark Heronburger
Palm Beach County Representative
3020 Pine Tree Lane
Boynton Beach, FL 33435
Phone: (561) 733-0041
Fax: (561) 733-0034
I Josophw t@golktkn, Jr., Mayor 1
Fort Lauderdale, FL 33301
Phone: (954) 357-7009
Fax: (954) 357-5707
JW Ksorrr
Palm Beach County Commissioner
Palm Beach County Commission
301 North Olive Avenue
12th Floor
West Palm Beach, FL 33401
Phone: (561) 355-2202
Fax: (561) 355-6277
Naisan Kasdln
Miami-Dade County Represent e
Floor
Akerman Senterfitt
One Southeast Third Avenue 25th
Miami, FL 33131-1714
Phone: (305) 374-5600
Fax: (305) 374-5095
Gaorga Morgan, Jr.
Fiorld. brprrtment of Governor's Appointee
Trmwpertatkn, District VI Morgan Real Estate, Inc.
Florida Department of 401 East Las Olas Boulevard
Transportation Representative Suite 1000
Fort Lauderdale, FL 33301
Phone: (954) 522-6010
Fax: (954) 522-6003
Phone: (305) 470-5197
Fax: (305) 470-5610
Bill T. Smith, Jr., Erq.
Governor's Appointee
Bill T. Smith, Jr., P.A.
980 North Federal Highway, Suite 402
Boca Raton, Florida 33432
Phone: (561) 368-5757
Fax: (561) 368-8505
lo8 Qiulkttl
Executive Director
South Florida Regional Transportation
Authority (SFRTA)
800 NW 33rd Street, Suite 100
Pompano Beach, FL 33064
Phone: (954) 942-7245
Fax: (954) 788-7878
Sack L. Stephens
Deputy Executive Director
South Florida Regional Transportation
Authority (SFRTA)
800 NW 33rd Street, Suite 100
Pompano Beach, FL 33064
Phone: (954) 942-7245
Fax: (954) 788-7878
412 012 00 7 http://www .sfha. fl.goviboard.htm1
Clearli 9h t
COMMUNICATIONS, I NC.
March 30,2007
Mayor Joseph Russo
City of Palm Beach Gardens
Hand Delivered
Dear Mayor:
254 LAS PALMAS STREEi
WES~PAlMflEACH.FL33111
? >6i.13H.WJJ
r 5fi1.795.4404
cirarliqh:PR.rorn
I hope you will join other Mayors, as well as the Palm Beach County League of Cities
and the Palm Beach County MPO, in writing a lettm of support in favor of dedicated
funding source, that does not involve an increase d property nor sales taxes, for the
South Florida Regional Transit Authority (Tri-Rail).
Traffic congestion is bad for business, inconvenient fbr visitors, and hurts the quality of
life for our residents, commuters, and shoppers. Sde and reliable public transit is an
important part of the solution. Local dedicated funding imDr0ves our outlook fbr infusing
even more federal transit dollars into the region.
Mayor, as well as improving service on our north-wuth rail corridor, please take a
moment to review the enclosed folder that describe$ other projects including our current
study of Central Palm Beach County East-West rapbd transit solutions. These projects
benefit all citizens and all businesses in the county hd we need your support.
Attached fbr your ready rekence is the Resolutionifiom the Palm Beach County League
of Cities urging members to support this dedicated hnding for transit. I have also
enclosed sample letters hm other Mayors.
by telephone or email. Thank you very much in adqance for your support..
\.NfibmY ‘LO TSU&W%hyQU, @be%3Te YO$ CQVXCXkFh% OT WXSW WAY CpeS<kmS
Denis Eirikis
President, Clear Light Communications Inc.
On behalf of the SFRTA
PS. I have taken the liberty of attaching a sample letter of the type we hope to receive
&om your municipality.
April 6,2007
Commissioner Bruno A. Barreiro
Chair
South Florida Regional Transportation Authority
800 NW 33rd St., Suite 100
Pompano Beach, FL 33064
Dear Commissioner Barreiro:
I would like to take this opportunity to thank the SFRl
c
for its consistent efforts to meet
the needs of the residents; &tors,-and commuters in Palm Beach County.
Reliable and convenient transit is increasingly important to the economic well being of
our community and for mobility within the region. As per the resolution passed by the
Palm Beach County League of Cities, we support the plans of the SFRTA to expand its
services to residents and visitors to Palm Beach County and we support your pursuit of a
dedicated funding source that does NOT increase pro rty taxes.
Traffic congestion is bad for business, inconvenient for visitors, and hurts the quality of
life of our residents. The growth of transit in our area is an important solution and we
applaud your efforts to provide commuters, shoppers, and visitors with an alternative to
II Iri
traf5c congestion.
Sincerely,
xxxx
Title
ll
ll
-A
1." .)L d
Y
THE REGION: SOUTH FUORIDA
South Florida, comprised of Broward, Miami-Dade and Palm Beach Counties, is the fifth
largest urbanized area in the United States with more than five million residents. Within the
next 20 years, South Florida's population is expected to grow by nearly three million people.
As one of the fastest growing regions in the nation, South Florida faces the challenge of how
to maintain the region's economic competitiveness, while continuing to offer a high quality of
life. Key to the region's economic vitality and quality of life is a robust multimodal transpor-
*U tation system that provides mobility for existing and future residents and visitors, alike. Our
existing regional road system is reaching capacity with few opportunities for further expansion,
while the prices of housing and gasoline continue to soar. South Florida needs a regional trans-
portation system now more than ever!
THE AGENCY: SOUTH F~ORIDA REGIONAL
TRANSPORTATION AUT~ORITY
With the creation of the South Florida Regional Transportation Authority (SFRTA) on July 1, 2003, South Florida's three counties began efforts to
work together to ensure a viable regional transportation system. The SFRTA, with cooperation from our transportation partners, is working
diligently to plan, develop, fund and operate a seamless, safe and efficient regional transportation system. A regional transportation system in
South Florida will ensure mobility, advance sustainable growth and improve the quality of life for our current and future residents.
THE VISION: REGIONAL TRANSIT PROJECTS 11 11 To meet public demand, the SFRTA is strategically planning for several needed transit projects to provide for the future regional mobility
needs of South Florida's resident and visitors. These projects will allow people to rely on transit and enjoy the benefits of avoiding our
increasingly congested highways, while saving money on gas, as well as on auto insurance and maintenance. These projects complement
existing and planned transit service by transportation partners, and will provide the backbone of an expanded regional transportation system
that may include light rail, busways, streetcars and rapid bus transit, as well as others. The current proposed projects include:
H Bee Line Extension
H Central Broward East-West Transit
rn Florida East Coast Corridor
H Jupiter/Scripps Extension
rn Kendall Extension
H Regional Transit Oriented Development
H Tri-Rail Station Improvements ll ll II II THE NEED: DEDICATED FUNDING
To enable the SFRTA to provide the regional transit projects South Florida's public has requested, a dedicated source of funding of at least
$50 million per year is required. These funds will:
rn Increase regional mobility and connectivity rn Support sustainable economic growth
Attract Federal Transit Administration funding
H Provide greater return on investment for State and Counties
I1 11
H Enhance quality of life
H Accelerate transit expansion projects
This is the time for South Florida to support enhanced regional transportation, and transit alternatives, in particular. During the 2007 Legislative
Session, our legislators will decide on funding priorities for the State. A dedicated revenue source is imperative in enabling the SFRTA to move
forward with efforts to plan, develop and implement an efficient regional transportation network, in partnership with Broward, Miami-Dade and
Palm Beach Counties. As a united region, South Florida can greatly benefit from better-funded projects and increased mobility, which is key to
the area's continued economic vitality and sustained quality of life!
-,\'I "I,
For More Information, Please Contact
Joseph Giulietti
Executive Director, SFRTA
954-788-791 8
T ANY,-I 11 FOR Y \ UR SU 6 PORT
On behalf of the South Florida Regional Transportation Authority (SFRTA) Governing Board, we thank you for your
assistance and continuing commitment. Your support allowed the successful completion of Tri-Rails' Double
Track Corridor Improvement Program which has resulted in more trains, new 20-minute service, higher on-time
performance and unprecedented ridership growth of more than 30 percent since last year's Legislative Session.
1
With State support, the SFRTA will continue to lead the way to greater mobility through a viable regional
transportation system. As a united region, South Florida can successfully attract the Federal funding necessary
to implement regional transit projects, which are key to the area's continued economic vitality and
sustainable quality of life.
Thank you for your continued efforts in helping the SFRTA, in partnership with Broward, Miami-Dade and
Palm Beach Counties, to develop a seamless, safe and efficient regional transportation system!
SOUTH FLORIDA
REGIONAL
TRANSPORTATION
@ 1 RTAI AUTHORITY
JupitedSeripps Extension (Florida East Coar')
Activity Centers:
rn Florida Atlantic University North Campus
rn Palm Beach Gardens Medical Center
rn Port of Palm Beach
rn Ocean Science Center
St. Mary's Hospital/Hospice of Palm
rn School Board Administration
rn Scripps
rn AbacoalScripps
Beach County
Potential Stations:
rn lndiantown Road
rn Abacoa
rn Palm Beach Gardens
rn Riviera Beach
Transfer Opportunities:
rn Palm Tran Route 1
rn Palm Tran Route 20
rn Palm Tran Route 21
rn Tri-Rail mainline service
rn Potential future connection to Scripps
Research Campus
Status Summary The Jupiter Corridor is currently being examined for premium transit development
as part of the Florida Department of Transportation's Florida East Coast Corridor
Transit Analysis Study, which is expected to be completed in early 2007. It is
expected that the Jupiter Corridor segment of this study will be ready for further
design, engineering and development in 2007.
Corridor Ownership.. ..... ...... FEC
Corridor Length (miles) ....................... 15.7
Length incl Double Tracking (miles) .... 21.3
Number of Potential New Stations ............ 4
Average Station Spacing (miles). ..... .3.925
Number of Grade Crossings ................ ..21
Headway .................................... 20/30/60
Travel Time (one-way) (minutes) ........... 25
summary and Purpose
Palm Beach County Florida is expected to experience a 35% increase in
population and employment by 2025. Much of the projected growth is
expected to occur within municipalities located in northeast Palm Beach
County, such as Jupiter, Juno Beach and Palm Beach Gardens; however,
currently there are congested local and interstate roadways, limited transit
service and increasing overall travel times for commuters. The travel
options for residents and employees in northern Palm Beach County remain
deficient.
The project includes a 15.7-mile extension along the Florida East Coast
(FEC) Railroad Right-of-way; four potential stations; 21 grade crossings
and 25-minute travel time from the FEC-line junction to Jupiter.
Legend I
I JuplterScnpps Extensmn
Aiternatwes
Tn-Rail Stations
A
1
. \ \' ' I,,
f
c
RTA 1 SOUTH REOIONU FLORIDA
TRANSPORTATION
AUTHORITY
#-
*"-,.;A,.+ ^..I.:^^+ I^ ^b,""^"
State Senate Voting Districts: JupidScripps Extension (Florida East Coast)
. h SOUTH FLORIDA REGIONAL
TRANSPORTATION
AUTHORIN
lndiantown t
\ \
SENATE DISTRKjT 25
I Legend
1
*Project subject to change
I! I State House Voting Districts: Jupiter/Scripps Extension (Florida East Coast)
I
i
I
Regional Transit Oriented Development Program
West Palm Beach Tri-Rail Station
1
I
An intensive design charrette held in January 2005 laid the framework
for 32 acres of TOD adjacent to Cityplace in Downtown West Palm
Beach.
79th Street Corridor, Miami-Dade County
Y I
The mth Street Corridor is planned to incluae mixea-use, transit-oriented
housing, retail and office development with supporting transit facilities
including dedicated bus facilities, kiss-and-ride drop-off areas and
transit-user parking. Amtrak is planned to relocate adjacent to the transit
station to create a multimodal hub.
-.
r;
Policy Initiatives: Land Use Coordination in Process
The South Florida Regional Transportation Authority (SFRTA) has initiated an
outreach program to assist local communities with maximizing their transit
station areas development potential, in ways that are consistent with their
community vision. Generally, Transit Oriented Development (TOD) is being
encouraged. TOD is typified by:
rn An urban design that creates pedestrian friendliness by careful placement
of buildings, parking areas and roadway features;
rn A mix of uses that ideally creates 18 hours of activity; and
Planned interconnectivity with adjacent properties and the transit station.
Initial Success: Joint-Development Projects
in Progress
A multitude of joint-development projects are currently in the planning stages.
Two such projects, which the SFRTA has taken an active role in promoting
include:
rn Tri-Rail West Palm Beach Station
rn Tri-Rail Boca Raton Station
Deerfield Beach Station Area TOD
Future Plans: Land Use/Joint Development
Coordination on Future Corridors
rn Florida East Coast Corridor
rn Central Broward East-West Connector
rn Jupiter/Scripps Extension
rn Kendall Extension
Summary and Purpose
In the last decade, several significant development trends have emerged that
will forever change the vitality and character of Florida’s communities. The
reinvestment’of attention and public dollars into downtowns and urban cores,
the market acceptance of urban “downtown” living, the rehabilitation of older
urban neighborhoods, and the growing intolerance for traffic congestion and
long commutes have all had a tremendous impact. Perhaps the most
impressive trend is the realization that commuter and other forms of rail need
to be taken seriously as a viable mode of transportation.
Through its development program, the South Florida Regional Transportation
Authority (SFRTA) is seeking to increase ridership and shape land-use
patterns surrounding stations by promoting joint development, managing the
SFRTA’s real estate assets and assisting communities to adopt transit-friendly
development patterns commonly referred to as TODs.
Tri-Rail Service Enhancements
Double Track Corridor Improvement Program
The South Florida Regional Transportation Authority (SFRTA), which operates Tri-Rail, completed the Double Track Corridor Improvement
Program in March of 2006, allowing a magnitude of service enhancements to come on-line, including:
rn Increase weekday service from 30 40 (March 2006) 48 (spring 2007) trains per day
rn Enhanced weekend service
rn New 20-minute and 30-minute trains during peak travel periods
rn Improved on-time performance
Enhanced connectivity to buses and Metrorail
NOT To h
Upgrades to Existing Infrastructure
SFRTA continues to upgrade existing infrastructure. These upgrades,
including the construction of a high-level, fixed-span rail bridge over the
South Fork of the New River (completion set for spring 2007), and the
additional purchasing of remanufactured locomotives and diesel multiple units
(DMUs), will facilrtate:
rn Fewer maintenance delays
rn Greater trip reliability
rn Increased passenger comfort
rn Additional weekday service
Station Renovations
Station renovations are being made to enhance passenger experience
while in and around stations, including:
rn Overhead pedestrian bridges to pass between platforms
rn Upgrades to passenger information systems
rn Enhanced protection form the elements
Parking and circulation improvements
Safety Improve men t s
Passenger safety is paramount. The SFRTA is providing several safety
improvements to the Tri-Rail system, including:
Overhead pedestrian bridges eliminating the need to walk across the tracks
Upgrades to signal safety systems
rn Enhancements to grade crossings (full closure)
rn Onboard surveillance cameras
I Su mary and Purpose
The 7 S, RTA has recently completed an aggressive program of track,
from i , dditional weekday trains, as well as experiencing enhanced
statio and safety improvements, making more efficient commuter rail
servi e a reality. Tri-Rail passengers now have the option of choosing
weekbnd scheduling, improved on-time performance, shorter
end-t9-end travel times and more passenger-friendly stations.
i
Florida East Coast Corridor
Activity Centers:
rn Numerous Central Business Districts
W Miami-Dade County Government Center
W American Airlines Arena
rn OmnilMiami Performing Arts Center
W Florida International University -
rn Aventura Mall
W Aventura Hospital and Medical
North Miami Campus
Center
Ill
A
*+-
I A h SOUTH FLORIDA - REOIONAL - -7 TRANSPORTATION
I- I- AUTHORITY
-
Gulfstream Park
Young Circle
Fort Lauderdale-Hollywoou
International Airport
Broward General Medical Center
Broward County Government Center
Broward Center for the Performing Arts
North Ridge Medical Center
Mizner Park
Palm Beach County Courthouse
Florida Atlantic University
City Place
Government Center
Scripps
Abacoa
Summary
Corridor Ownership ............................. FEC
Corridor Length (miles) .............................
Length incl. Double Tracking (miles) ............
Number of Potential New Stations ....... 20 to 60
Average Station Spacing (miles) ........... 1.5 to 4
Number of Grade Crossings .......... Approx. 200
Headway (minutes) .......................... 20/30/60
Travel Time (one-way) (minutes) ..... 100 to 160
Legend I
I FEC Comdor - Jupter/Swtpps Extension - Bee Line Extension
n Central Broward E-W
b Dolphin Extension - Kendall Extension
Potential Station Locations - Tri-Rail
Tn-Rail Stations
Metrorail - MIC-Eariington
Railroads
-
eP Internodal
Airports
II Ports
pi Colleges
- Miami-Dade UDB
Transfer Opportunities:
rn The majority of Miami-Dade Transit's 102 bus
routes, including 15 routes connecting to
Miami Beach
Metrorail and Metromover
rn Future Miami Streetcar
W 32 of Broward County Transit's 41 bus routes
W 12 Broward community bus routes in five
municipalities
W Future Downtown Fort Lauderdale Light Rail
Trans ?/Streetcar
Future connection with Central Broward
East-West Corridor
W Tri-Rail shuttles
W Multiple crossover tracks to interact with
Tri-Rail service
Status
The Florida Department of Transportation is
conducting an Alternatives Analysis Study of the
80-mile corridor from Miami to Jupiter. The study
will consider alternative transportation modes
including heavy rail, light rail and bus rapid transit,
as well as alternative alignments including the
Florida East Coast Corridor and nearby Dixie
Highway and Federal Highway (US 1). The study
will also consider the possibility of a staged
implementation, perhaps beginning service on
segments of the corridor that may later be joined
together.
Summary and Purpose
For several years, many of the communities along the Florida East Cost (FEC)
Corridor have lobbied for commuter rail service along this corridor to connect
their downtowns. Local officials considered using the FEC Corridor when Tri-Rail
was being developed in the 1980% but the FEC Railroad was only interested in
using the corridor for freight. With the redevelopment in downtowns along the
coast, attention has turned once again toward passenger rail along the FEC
Corridor. The FEC Railroad is now receptive to proposals for the use of its tracks
for passenger service, possibly through the sale of real estate, while retaining the
right to operate its 20 to 30 daily freight trains as a priority on the FEC Railroad
Right-of-way.
The FEC Corridor alternative includes an 80-mile long existing railroad corridor in
three counties on right-of-way currently owned by the FEC Railroad. Passenger
rail service along the FEC Corridor would likely consist of 20 to 60 potential
stations, depending on type of transit technology provided. There are approxi-
mately 200 active at-grade crossings that exist between Miami and West Palm
Beach along the FEC Corridor. The purpose of this alternative is to add a
significant amount of passenger rail capacity connecting densely-populated areas,
and to create the beginnings of a rail-transit grid network. This service would
connect the downtown employment and entertainment areas; nearby high-density
residential neighborhoods and high-rises; schools; hospitals and other major
trip-generators, as well as provide another alternative for north-south travel in the
region. Another attractive opportunity is the ability to implement local passenger
rail service along the FEC Corridor and reserve the South Florida Rail Corridor and
CSXl Railroad Right-of-way for limited-stop or express trains.
*Project subject to change
I I/
Bee Line Ext ism ["T)
Activity Centers:
rn PGA National Resort 8, Spa
rn Residential areas of Steeplechase and
Palm Beach Gardens
rn West Palm Beach VA Medical Center
rn Port West Industrial Park (Riviera Beach)
rn Columbia Hospital
rn Potential Future Development
Summary
Corridor Ownership .......................... .CSXT
Corridor Length (miles) ...................... .12.1
Number of Potential New Stations ............ 3
Average Station Spacing (miles). ..... .4.033
Number of Grade Crossings .................. ..6
Headway .................................... 20130160
Travel Time (one-way) (minutes) ........... 45
Transfer Opportunities:
Palm Tran Route 2 (Congress Avenue)
rn Palm Tran Route 3 (Military Trail)
rn Palm Tran Route 20 and Route 33
(Mangonia Park Station)
rn Palm Tran Route 31 (Bee Line Highway)
Tri-Rail mainline service
Potential Stations:
rn Future Terminus
rn PGA Boulevard
rn Blue Heron Boulevard
and Purpose
012
-.w-
The Bee Line Extension provides an opportunity to serve
potentially new development in this area. The location makes
a rail connection a natural mobiltty option, which can be
achieved by extending existing Tri-Rail service beyond the
Vangonia Park Station.
;he Bee Line Highway/SR 710 connects West Palm Beach
with Okeechobee and Central Florida. The roadway carries
over 15,000 vehicles per day and experiences high volumes
of truck traffic. The high level of growth anticipated with the
development in this corridor will significantly increase traffic
on this roadway, and a rail alternative will provide commuters
sn option to reliance on the automobile.
Fhe project includes a 12.1 mile extension on CSXT Railroad
Right-of-way, which already serves Amtrak; three potential
new stations; six grade crossings and a 20-minute travel
Yme from the Mangonia Park Station to the future terminus.
*"_^.^^I ^..l..^^+ ,- ,.I. ^^^^
I 'I I
State House Votiny Districts: Bee Line Extension (CSXT)
I Bee Line Extensim
Potential Statim Locations
Tri-Rail
Tri-RailStations - Railroads
Porta
& colleges -
-
I
cb
! I
h
*Prolect sublect to change.
State Ser-'- ny Districts: lei '.me Extension (CSXT)
Legend
Bee Line Extenson
Potential Station Locations
1 Tri-Rail
m Tri-Rail Stations - Railroads
Po*
(5 colleges
I
SENATE DISTRICT 28
N A
0 1 2
SENATE DISTRICT 28
4
I
*"_^.^_ .' ^.
5 CI itral Palm " 'I COL ty Trai I
= =' in Corridor
Activity Centers:
rn Mall at Wellington Green
Wellington Regional Medical Center
rn South Florida Fairgrounds and Expo Center
rn Northwood University
rn Palm Beach International Airport
rn Kravis Center for the Performing Arts
Study Area
The South Florida Regional Transportation Authority
(SFRTA) and the Palm Beach Metropolitan Planning
Organization (MPO) have initiated the Central Palm Beach
County Transportation Corridor Study. This study will
develop a transit service implementation plan for the
transportation corridor which extends from Downtown West
Palm Beach (including the Tri-Rail Station), between
Okeechobee and Southern Boulevards, along US 441 and
continuing on to the Mall at Wellington Green.
e-
@,
r
Summary and Purpose I
I
St@s
The Palm Beach Metropolitan Planning Organization 2030 Long
Ra e Transportation Plan (LRTP) and Palm Tran's 2004-2008
Tra i sit Development Plan (TDP) identify Okeechobee Boulevard
fro Downtown West Palm Beach to a point west of US 441 for
futu T e Rapid Bus Transit operation.
Thiq study began in August 2006 and is anticipated to be
co plete by April 2007. Three levels of fast bus service improve-
me ts will be developed to determine a specific implementation
pia . An analysis of Light Rail Transit (LRT) will also be completed
to i d termine the feasibiltty of LRT within the corridor.
Transfer Opportunities:
rn Tri-Rail mainline service
rn 11 Palm Tran Transit bus routes, including 2; 3; 4; 31; 33;
40; 41; 43; 44; 45; 52
The Central Palm Beach area has seen rapid
growth in the recent past. As a result, major
roadways such as Okeechobee Boulevard and
US 441 currently experience severe congestion,
which results in increased travel times. To
provide a reliable and efficient travel mode
between the primarily residential western
communities and Downtown West Palm Beach,
the 2030 LRTP identified the need for a Rapid
Bus Transit route between the Wellington area
and West Palm Beach. This transit route would
also provide access to major employment
1 centers, Tri-Rail service, and Palm Tran routes.
ygx?:: I I-
*Drnioot riihioot in ohanno
St; House Voting Dis IS:
Central Palm Beach County Transportation Corridor
I
Leaend
-11 Central Pbm Beach Transit Study Area - Tri-Rail
Tri-Rail Stations
~~ $( Airports & Colleges
Pork
,
N A
State SI e Voting Uistricts:
Central Palm Beach County Tranlsportation Corridor
Legend
-1- Central Plam Beach Transit Study Area - TrcRail
Tn-Rad Stations +
& Colleges
SOUTH FLORIDA
*Prnrert crrhmrt fn rhannp
--I
Central Browad cast-West Transit
Activity Centers:
rn Bank Atlantic Center
Sawgrass Mills Mall
South Florida Education Center
rn Plantation General Hospital
w Tri-Rail Fort Lauderdale Station at Broward Boulevard
w Downtown Fort Lauderdale
w Fort Lauderdale-Hollywood International Airport
Potential Stations:
rn Sawgrass
w 136th Ave w 31st Avenue
w Flamingo w Interstate 95Rri-Rail
Hiatus w Midtown
w NobHill rn Downtown Campus
rn Pine Island rn Las Olas
rn University Drive w Courthouse
rn College Avenue rn Tarpon River
w Riverland w Medical Center
rn Davie Blvd/State Road 7 rn Airport
rn Port Everglades
w Broward/State Road 7
Legend
Trlansfer Opportunities:
rn Tri-Rail mainline service
rn 21 BCT bus routes serving central Broward County,
rn 11 community bus routes
rn Fort Lauderdale Sun Trolley
Future Convention Connection (Southeast 17th Street)
w Potential future connection with Port-Airport People Mover
rn Potential future connection with the Fort Lauderdale
Downtown Development Authority Light Rail Transit (LRT)
Light Rail Streetcar System
including: 1 ; 2; 9;lO; 11 ; 12; 14; 18; 18L; 20; 22; 23; 30;
31; 36; 40; 50; 55; 60; 72; 81
Sdrnrnary
Co/;ridor Ownership ......... ........... Various
Co ridor Length (miles) ..................... 20.74
Nu ber of Potential New Stations ........... 21
Av rage Station Spacing (miles) ............ 1 .O
He dway (minutes) ............................. 6/20
Tra el Time (one-way) (minutes) ............ 60
St i tus
sit Alternatives Analysis has been completed by the Florida
tment of Transportation District IV in this corridor, and a
Preferred Alternative for LRT was selected by the Broward
Metropolitan Planning Organization in April 2005. During
rther refinement of the LPA occurred and preliminary
ring for the project is expected to commence soon. The
II be done in coordination with a Preliminary Design &
ring Study for Interstate 595 that is currently under way by
".*1 r" "Y *
SENATE
0 PmnnWSDwnLm(im L - Tfl-PAl
Tn.RaS)lbOm
TAtPorb .- I
n I1 imrnary and Purpose
state 595 and Broward Boulevard Corridor was
in the Tri-Rail2020 Long Range Master Plan and
ward Metropolitan Planning Organization 2030 Long
ansportation Plan as a corridor requiring further
premium transit development. The overall goal is
amine the feasibility of establishing premium transit
on this key east/west corridor of Central Broward
in order to enhance mobility and accessibility for the
c, relieve heavy traffic congestion from surrounding
roads and interstate highways, as well as connect
ents to major activity and employment centers
ut Broward County.
*Dmiaot rithiort tn rhsnna
State House Voting Districts: Central 1 froward East-West Transit
,
4 1 HOUSE DISTRICT 92 / - Central Broward E-W
0 Potential Station Locations - Tri-Rail
Tri-Rail Stations
.+I Airports
rn Ports
s5 Colleges
1
HOUSE DISTRICT 97
*Project subject to change.
State Senate Votii Districts: utr -' HI iward East-West Transit
-
Legend
I Central Broward E-W
8 Tri-Rail
Tri-Rail Stations
Potential Station Locations
7
I
POMPANI H
3
Kendall Extenslio
Activity Centers:
rn Airport area hotels and office parks
rn Westchester General Hospital
rn Baptist Hospital
rn Miami-Dade College (MDC) Kendall
Campus
rn Residential areas of Westchester
and Kendall
rn Miami Metro Zoo
rn Kendall-Tamiami Airport
employment area
Summary
Corridor Ownership .............. State & CSXT
Corridor Length (miles) ....................... 15.8
Length incl Double Tracking (miles) ..... 31.6
Number of Potential New Stations ............ 7
Average Station Spacing (miles) ........... 3.2
Number of Grade Crossings ................ ..34
Headway .................................... 20/30/60
Travel Time (one-way) (minutes) ........... 30
Transfer Opportunities:
rn Pi-Rail mainline service
rn Connects with 18 Miami-Dade Transit bus
routes, including: 7; 11 ; 24; 35; 56; 71 ;
72; 73; 87; 88; 104; 137; 204; 224; 238;
252; 272; 288
rn Future connection with East-West Transit
Corridor
rn Potential future extension to Homestead
and Florida City
rn Future connection to Metrorail via MIC
Earlington Heights
Status
Potential Stations:
rn Miami lntermodal Center/
rn Blue Lagoon
rn Flagler Street
rn Bird Road
rn Kendall Drive
rn MDC Kendall Campus
rn Coral Reef
rn Kendall-Tamiami Airport
Miami International Airport
The Kendall area has experienced a high level of growth and
development. Severe roadway congestion plagues the area
as transportation infrastructure has not kept pace with
growth.
Kendall Drive is an extremely heavily-traveled corridor that
carries more than 80,000 vehicles per day. Two existing
Metrobus routes cany transit trips within the corridor. SR 874
(Don Shula Expressway) carries 100,000 vehicles per day
and provides a diagonal connechion between the Turnpike
and the Palmetto Expressway. The CSXT Railroad Right-of-
Way parallels the Don Shula Expressway, making this a
natural corridor for enhanced transit service using light rail or
Diesel Multiple Unit/ commuter rail to connect to Tri-Rail at
the Miami Intermodal Center (MIC).
The project includes a 15.8-mile extension on the CSXT
Railroad Right-of-way; seven potential stations; 34 grade
crossings and 30-minute travel time from the MIC to the
Country Walk area west of Metro Zoo.
The purpose of this alternative is to provide enhanced transit
service to this part of Miami-Dade County; linking
residences, schools and businesses, as well as relieving
heavily congested roadways which limit the effectiveness of lano-distance bus routes.
This corridor is part of an A
Miami-Dade Metropolitan PI
is considering alternatives fi
from the Kendall Town Cent
between Kendall Drive and t
South Florida Rail Corridor i
the Kendall area to the East-
SOUTH FLORIDA
f-
01
/I
‘I i
N A
2
‘natives Analysis (AA) Study being conducted by the
fling Organization, which started in late 2005. The AA Study
mproving east-west mobility in the Kendall Drive Corridor
:o the Dadeland Metrorail stations, and north-south mobility
Dolphin Expressway. The AA Study will also consider the
CSXT Railroad Right-of-way as a potential alignment to link
?st Transit Corridor.
Leaend 1
*Project subject to change. II 1 11,
State House Voting Districts: IKendall Extension
I
H.D. 113
!'
i I:
r
I
HOUSE DISTRICT 1 19,
c
Leaend - Kendall Extension
0 Potential Station Locations - Tri-Rail
Tri-Rail Stations - Metrorail
Miami-Dade UDB
$( Airports
14 Colleges
Internodal 12 4 I dJ IVI
*Prniwt oihrwt tn rhannp
1 State Senate Voting Districts: Kendall Extension
I
I
\\1 1
MVrn FLORIDA .'
I TRANSPORTATION
-! AUIWORIN
---
-I_ -
-1 Miles L /
Legend - Kendall Extension
0 Potential Station Locations - Tn-Rail
Tn-Rail Stations - Metrorail
Miami-Dade UDB
Ill I
*Project subject to change. I 8*'
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Date Prepared: April 20, 2007
RESOLUTION 48,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO
SIGN A LETTER OF SUPPORT FOR THE SOUTH FLORIDA
REGIONAL TRANSPORTATION AUTHORITY’S (SFRTA) PURSUIT
OF A DEDICATED FUNDING SOURCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the South Florida Regional Transportation Authority (SFRTA) was
created on July 1, 2003, to ensure a viable regional transportation system in Broward,
Miami-Dade, and Palm Beach counties; and
WHEREAS, the SFRTA is strategically planning for several needed transit
projects to provide for the future regional mobility needs of South Florida’s residents and
visitors; and
WHEREAS, to enable the SFRTA to provide these regional transit projects that
South Florida’s public has requested, a dedicated source of funding of at least $50
million per year is required; and
WHEREAS, the SFRTA has requested letters of support from municipalities for
its pursuit of a dedicated funding source that does not increase property or sales taxes;
and
WHEREAS, the City Council specifically determines that this Resolution serves a
proper public purpose and is in the best interest of the City and its residents.
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 Mayor to sign the attached
letter of support for the South Florida Regional Transportation Authority.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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46 47
Date Prepared: April 20, 2007
Resolution 48, 2007
PASSED AND ADOPTED this day of ,2007.
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFlC IENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\supporting sfrta - reso 48 2007.doc
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I CITY OF PALM BEACH GARDENS
I 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 3341 0-4698
April 20, 2007
Commissioner Bruno A. Barreiro
Chair
South Florida Regional Transportation Authority
800 NW 33rd Street, Suite 100
Pompano Beach, Florida 33064
Re: South Florida Regional Transportation Authority (SFRTA)
Dear Commissioner Barreiro:
I would like to take this opportunity to thank the SFRTA for its consistent efforts to meet the needs of
the residents, visitors, and commuters in Palm Beach County. Reliable and convenient transit is
increasingly important to the economic well-being of our community and for mobility within the region.
As per the resolution passed by the Palm Beach County League of Cities, the City of Palm Beach Gardens
supports the plans of the SFRTA to expand its services to residents and visitors of Palm Beach County,
and we support your pursuit of a dedicated funding source that does NOT increase property or sales
taxes.
Traffic congestion is bad for business, inconvenient for visitors, and hurts the quality of life our residents
deserve. The growth of transit in our area is an important solution, and we applaud your efforts to
provide commuters, shoppers, and visitors with alternatives to traffic congestion.
If our staff may be of further assistance to you, please contact City Manager Ron Ferris at 561.799.4112.
Since rely,
Joseph R. Russo
Mayor
cc: Commissioner Jeff I.Jons, SFRTA Pa..n Beach County Representative
Marie Horenburger, SFRTA Palm Beach County Representative
City Council
Ron Ferris, City Manager
Stacy Rundle, Assistant to the City Manager
Kara Irwin, Growth Management Administrator
A RESOLUTION OF THE BOARD OF DIRECTORS OF TIIE
PALM BEACH COUNTY LEAGUE OF CITIES, INC.
SUPPORTING SENATE BILL 606 PROPOSED IN THE 2007
LEGISLATIVE SESSION CONCERNING AUTHORIZATION
FOR THE SOUTH FLORIDA REGIONAL TRANSPORTATION
AUTHORITY (“SFRTA”) TO PLEDGE A $2.00 RENTAL CAR
SURCHARGE AS A RECURRING FUNDING SOURCE FOR
SFRTA; URGING GOVERNOR CHARLIE CRIST TO SIGN THE
PROPOSED LEGISLATION, IF ADOPTED, 1N ORDER TO
PROVIDE FOR NEEDED ADDITIONAL REVENUES FOR
SFRTA WITH REGARD TO ITS OPERATING AND
MAINTENANCE EXPENSES; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Palm Beach County League of Cities (the “League”) Board of
Directors (the “Board”) desires to express its support for proposed Senate Bill 606
(Senator Geller-sponsor) from the 2007 legislative session in order to provide for an
additional, recurring funding source for the South Florida Regional Trail.>poit tti, 1
Authority (“SFRTA’); and
WHEREAS, the Board specifically supports a local-option, $2.00 rental car
surcharge as a recurring funding source for additional SFRTA revenues so that the
SFRTA may continue to provide for the effective and efficient, planning and operation of
a regional transportation system servicing both Palm Beach County and all of South
Florida’s citizens and visitors; and
WHEREAS, the Board desires to formally support proposed 2007 Senate Bill 606 to
the extent that a $2.00 rental car surcharge is specifically provided for by the legislation
so that this bill’s language cannot be construed in any way to be supportive of a pi 3i)ei y
tax hike nor to pledge in any way the fill faith and credit of any local government.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE PALM BEACH COUNTY LEAGUE OF CITIES, INC., THAT:
SECTION 1: The Board of Directors of the Palm Beach County League of Cities, Inc.
hereby supports Senate Bill 606, as proposed by the 2007 Florida State Legislature and
urges Governor Charlie Crist to sign this legislation, if adopted, so that it will become
effective. Such legislation is supported to the extent that it specifically provide. “oj 3
local-option, $2.00 rental car surcharge as a recurring funding source for the South
Florida Regional Transportation Authority for operation and maintenance; and in no way
does the proposed legislation pledge the fill faith and credit of the state or any local
governments
SECTION 2; The Board of Directors of the Palm Beach County League of Cities,
Inc. requests that a copy of this Resolution be sent to Governor Charlie Crist, Senate
President Ken Pruitt, House of Representatives Speaker Marco Rubio, all municipalities
in Palm Beach County and all legislative staff or gubernatorial staff members who will be
addressing this issue.
SECTION 3: This resolution was proposed and became effective immediately upon
its adoption by the Board of Directors for the Palm Beach County League of Cities, Inc.
at its regular meeting of February 14, 2007.
PASSED AND ADOPTED this 14* day of February, 2007.
ATTEST:
Mo Thornton, SecretaqdTreasurer
H:\docs\PBC League of Cities\Resolutions\Res07-SB606-RentalSurchugeFee
BOARD OF DIRECTORS OF
THE PALM BEACH COUNTY
LEAGUE OF CITIES, INC.
Carl McKoy, President
(SEAL)
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 7,2007
Meeting Date: May 16,2007
Ordinance 18,2007
Subject/Anenda Item
Ordinance 18, 2007: Ordinance of the City Council of Palm Beach Gardens
relating to drought-related water restrictions. Consideration for Approval: An
Ordinance authorizing the City Manager to implement necessary modifications to the
requirements for landscaping installation during periods of drought.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning & Zoning
Division Directp
Tala1 Benothman, AlCP /
City Attorney
Development Compliance
NIA
Bahareh Wolfs, AlCP
Growth
Administratorb
Kara L. Irwin, AlCP
/ Approved By:
Originating Dept.:
Growth
Management:
Project
Manager -mL,@
Mark Hendrickson
City Forester
Advertised:
Date:
Paper: The Palm
Beach Post
[ ] Not Required
ATteCted parties:
[ ] Notified
[XI Not Required
FINANCE :
costs:
§ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other NIA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments: . Ordinance 18,2007
Date Prepared: May 7,2007
Meeting Date: May 16,2007
Ordinance 18,2007
Page 2 of 3
EXECUTIVE SUMMARY
The proposed Ordinance is a City-initiated response to the current water shortage as a
result of the deficit of rainfall which has impacted the City of Palm Beach Gardens. This
Ordinance seeks to provide relief for the installation of landscape material during this
period of drought. The Planning and Zoning Board of Appeals (PZAB) will review the
subject Ordinance at the May 22, 2007 PZAB meeting. Staff recommends approval of
Ordinance 18, 2007.
BACKGROUND
On March 22, 2007, the Governing Board of the South Florida Water Management
District (SFWMD) issued an Emergency Order declaring a Phase I Water Shortage. The
water sources subject to the Emergency Order are the surficial aquifer and surface
waters within the water use basins that encompass the entire City of Palm Beach
Gardens. On April 12, 2007, SFWMD declared a Phase II Water Shortage due to
intensified water resource concerns resulting from deficit rainfall which has significantly
contributed to the current low water levels within the Water Conservation Areas and
Lake Okeechobee.
As a result of the Phase II watering restrictions and the potential for even higher
restrictions to be put in place, it is staffs recommendation to allow our residents the
ability to defer landscape installation until such time water conservation measures are
no longer required. As most plant materials require sufficient water to survive, installing
vegetation at this time will decrease its chance of survival. Therefore, staff feels it is an
inefficient use of resources to require installation of landscaping during this period of
drought. It is in the public interest and safety of the community that reasonable
accommodations be made to prevent landscape materials from being installed, only to
fail due to the lack of water.
This proposed Ordinance would allow the deferral of landscape installation
requirements on a case-by-case basis as determined by the City Manager, as
established by development order conditions, code enforcement deadlines, community
grant program timeframes, City initiated landscape improvements and any requirements
of the City’s Land Development Regulations (LDRs) until such time water conservation
measures are no longer necessary. Please note that this Ordinance shall in no way
diminish the amount of plant material as required by previous development order
approvals, code enforcement deadlines, and requirements established by the City’s
LDRs. The Ordinance seeks only to defer the installation of such materials until
sufficient watering needs can be met.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 18, 2007
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Date Prepared: May 4, 2007
ORDINANCE 18,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
RELATED WATER RESTRICTIONS; AUTHORIZING THE CITY
MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO
THE REQUIREMENTS FOR LANDSCAPING INSTALLATION
DURING PERIODS OF DROUGHT; AND PROVIDING AN
EFFECTIVE DATE.
BEACH GARDENS, FLORIDA RELATING TO DROUGHT-
WHEREAS, the State of Florida continues to experience extreme dry weather condition
and according to the National Drought Mitigation Center, Palm Beach Gardens is experiencing
Extreme Drought conditions; and
WHEREAS, dry weather conditions are forecast for the foreseeable future; and
WHEREAS, the South Florida Water Management District has the authority and
obligation to protect Florida’s water resources and to administer and enforce the provisions of
Chapter 373, Florida Statutes; and
WHEREAS, pursuant to that authority, the South Florida Water Management District has
implemented Phase II water restrictions for an area that encompasses the City of Palm Beach
Gardens: and
WHEREAS, such restrictions are anticipated to remain in effect for many months, and if
the drought continues and water levels continue to drop, restrictions could become more
severe; and
WHEREAS, such water restrictions directly impact the ability of new development within
the City to comply with landscape installation deadlines established by the City’s Land
Development Regulations and various development order conditions of approval; and
WHEREAS, it is in the public interest and for the safety of the community that
reasonable accommodations be made to the development review and building permitting
process to assure that construction, reconstruction, and repairs will be conducted and
completed in a timely and safe manner; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
Date Prepared: May 4, 2007
Ordinance 18, 2007
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SECTION 1. The City Manager is empowered to implement such modifications as
he may deem necessary to the landscape installation requirements of the City’s Land
Development Regulations, conditions of approval of development orders related to
landscape installation, code enforcement deadlines, community grant timeframes, City
initiated landscape improvements and any other landscape installation requirements under
the jurisdiction of the City.
SECTION 2. This Ordinance shall become effective immediately upon adoption.
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
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\Emergency Landscaping Ordinance 18 2007.doc
ABSENT
d
2
City of Palm Beach Gardens
Council Agenda
May 17,2007
Mayor Russo
Vice Mayor Levy
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Council Member Jablin
Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 17,2007
7:OO P.M.
*{I. PLEDGE OF ALLEGIANCE
JII. ROLLCALL
/ III. ADDITIONS. DELETIONS. MODIFICATIONS:
/IV ANNOUNCEMENTS I PRESENTATIONS:
a Flag and Cdficate Presentaton fiom USMC Corporal Michael Knight, Avionics
Technician, Marines. The flag has flown over Marine Heavy Helicopter Squadron
363 Headquarters in AI Asad, Iraq.
JV. ITEMS OF RESIDENT INTEREST AND BOARD/COMMI’ITEE REPORTS:
I/ VI. CITY MANAGER REPORT
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, DIease submit
reuuest form to the Citv Clerk orior to this Item)
VIIL CONSENT AGENDA:
w a.
b.
lPwe 5) Approve Minutes fiom April 5,2007 regular City Council meeting.
.. JStaff Re - ,Resolution 5 1,2007 - Let Us
Vote. A Kesoiution 01 me ~imy ~ouncii or me Lity of Palm Beach Gardens,
Florida (the “City”) providing that the dissemination of information concerning
the impacts of this amendment on the citizens of the County and the City is
essential to the health, safety, protection, and welfare of the City and its citizens;
finding that the expenditure of money in support of the proposed amendment to
the Palm Beach County Charter serves a public purpose; and providing an
effective date.
c. (Staff "iport - - "ige 31. Res('--tion on !'-;e 33) Resolution 52, 2007 -
Vendi115 ContraLL WnLh Coca-Cola. A Resolutic,, af the City Council of the City
of Palm Beach Gardens, Florida awarding a non-exclusive contract for vending
machine sewkes to Florida Coca-Cola Bottling Company; authorizing the Mayor
and City Clerk to execute the contract; and providing an effective date.
d. /Page 102) Proclamation - National Police Week.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
4-O
-
-affray 103. 0rtfin;tnce 011 Page 150, Resolutioii on Page 153)
(20d reading and adoption) Sunoco Service Station Planned
Unit Development. An Ordinance of the City Council of the City of Palm Beach
Gatdens, Florida relating to rezoning; rezoning a parcel of land consisting
approximately of 0.80 acres, generally located at the Southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described herein,
fiom General Commercial (CG-1) to a Planned Unit Development (PUD) overlay
with underlying General Commercial (CG-1) zoning, to be referred to as the
"Sunoco Service Stationyy- mending *I.- -3ning district map; and providing an
=&inance 2, 2007
Resolution 19,2007 is a companion item to Ordinance 2,2007 and will
require Council action.
- Sunoco Service Station Planned Unit Development. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and major conditional use for the 0.80-acre parcel of land,
generally located at the Southeast comer of PGA Boulevard and Prosperity Farms
Road, as more particularly described herein, to be referred to as the "Sunoco
Service Statim"; allowing the redevelopment of the existing convenience store
with gas sales; providing for waivers; providing for conditions of approval; and
providing an effective date.
Part I1 - Non-Quasi-iudicial
aff Report on Page 162, Ordinancc 011 Pace 25; hdinance 10,2007 - (2nd
reading and adoption) Employer Sponsored Housing. in Ordinance of the City
entitled "Employer-Sponsored Housing"; amending Section 78-75 1, Code o
Sponsored Housing; creating a new Section 78-193, Code of Ordinances, to
of the City of Palm Beach Gardens, Florida relating to Employer-
-titled "Definitions"; providing for codification; and providing-
X. RESOLUTIONS:
a. (Staff Re 257, Resolu n on 1 :e 283) Resolution 48, 2007 -
Letter of SU~~VIL lor the SFRTA. A Rcd.hon VI the City Council of the City of
Palm Beach Gardens, Florida authorizing the Mayor to sign a letter of support for
the South Florida Regional Transportation Authority’s (SFRTA) pursuit of a
dedicated fknding source; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
(Staff Report on Page 288. Ordinance on Pa@ 290 hdinance 18, 2007 -
Drought-related water restrictions. An Ordinance of the City Council of the City
of Palm Beach Gardens, Florida relating to drought-related water restrictions;
authorizing the City Manager to implement necessary modifications to the
requirements for landscaping installation during periods of drought; and providing
an effective date.
XII. ITEMS FOR COUNCIL, ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVLYED that if any interested party wishes to appeal
any kcision ma& by the City Council with respect to any matter considered at this public
hearing, such interesied persons will need a record of the proceedings and may need to ensure
that a verbatim record is ma& inchding the testimony and evi&nce upon which the appeal is
to be based
In accordance with the Americans with Disabilities Ad and Section 28626, Florida Statutes,
persons with disabilities dng special accomntodafions in order to participate in this
proceeding are entitled to the provisidn of certain assistiznce at no cost Please call the City
Clerk’s @e at 561-799-4122 IU) cater than 5 days prior & the hearing if this assistance is
required For hearing impaired asshkmce, phe call the FIorida Relay Service Numbers:
800-955-8771 (TDD) or 80k955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
P
4
City of Palm Beach Gardens
Council Agenda
May 17,2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Valeche
Council Member Barnett
V
733 v.
7: y 7
VII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 17,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a Flag and Certificate Presentation from USMC Corporal Michael Knight, Avionics
Technician, Marines. The flag has flown over Marine Heavy Helicopter Squadron
363 Headquarters in A1 Asad, Iraq.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the Citv Clerk Drior to this Item)
CONSENT AGENDA:
a. (Pane 5) Approve Minutes from April 5,2007 regular City Council meeting.
b. lStaff Rewrt on Papa 11, Resolution on Pane 26) Resolution 5 1, 2007 - Let Us
Vote. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida (the “City”) providing that the dissemination of information concerning
the impacts of this amendment on the citizens of the County and the City is
essential to the health, safety, protection, and welfare of the City and its citizens;
finding that the expenditure of money in support of the proposed amendment to
the Palm Beach County Charter serves a public purpose; and providing an
effective date.
JStaff Rewrt on Pgge 3 1, RQ@&~Q~ on Pam 331 Resolution 52, 2007 -
Vending Contract with Coca-Cola. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a non-exclusive contract for vending
machine services to Florida Coca-Cola Bottling Company; authorizing the Mayor
and City Clerk to execute the contract; and providing an effective date.
d. @sa 1021 Proclamation - National Police Week.
a. @taffM,on Fane 103. Q r-on on Pw 153)
Ordinance 2, 2007 - (2nd reading and adoption) Sunoco Service Station Planned
Unit Development. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; rezoning a parcel of land consisting
approximately of 0.80 acres, generally located at the Southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described herein,
from General Commercial (CG-1) to a Planned Unit Development (PUD) overlay
with underlying General Commercial (CG-1) zoning, to be referred to as the
“Sunoco Service Station”; amending the zoning district map; and providing an
effective date.
7.9
$- ’
Resolution 19,2007 is a companion item to Ordinance 2,2007 and will
require Council action.
Resolution 19, 2007 - Sunoco Service Station Planned Unit Development. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and major conditional use for the 0.80-acre parcel of land,
generally located at the Southeast corner of PGA Boulevard and Prosperity Farms
Road, as more particularly described herein, to be referred to as the “Sunoco
Service Station”; allowing the redevelopment of the existing convenience store
with gas sales; providing for waivers; providing for conditions of approval; and
providing an effective date.
a. IStaff Rcaort on Page 162. Or diuancc on Paat 25W_ Ordinance 10, 2007 - (2nd
reading and adoption) Employer Sponsored Housing. An Ordinance of the City r\&f fl Council of the City of Palm Beach Gardens, Florida relating to Employer-
Sponsored Housing; creating a new Section 78-193, Code of Ordinances, to be
entitled “Employer-Sponsored Housing”; amending Section 78-75 1 , Code of
Ordinances, entitled “Definitions”; providing for codification; and providing an
effective date.
7: F6
cdihJf 70
p.
J t
X. RESOLUTIONS:
a. fstaff Rcaort on Base 257, Resolution OH Page 2831 Resolution 48, 2007 -
Letter of support for the SFRTA. A Resolution of the City Council of the City of &fl Palm Beach Gardens, Florida authorizing the Mayor to sign a letter of support for
the South Florida Regional Transportation Authority's (SFRTA) pursuit of a
dedicated funding source; and providing an effective date.
p'
XI. ORDINANCES: (For Consideration on First Reading)
a. fitaff R eDort on P am 288. Ordinance Pme 2 90) Ordinance 18, 2007 -
Drought-related water restrictions. An Ordinance of the City Council of the City
of Palm Beach Gardens, Florida relating to drought-related water restrictions;
authorizing the City Manager to implement necessary modifications to the
requirements for landscaping installation during periods of drought; and providing
an effective date.
8'. 5#o
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
5-4 - crfl Amuq C@?qULIL'J CSrnIC m3 p+?J- S'&j?JVz pLm
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 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: /&&A G.ph7mflLCL 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 Subject : -L.&Q- &bA ~ ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
I I
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 Prin Name: Addres 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.
Please Print COMMENTS FROM Request to Address THE PUBLIC City Council Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council v. J Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: / 4 Y Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Address: F7Hz City: c fU,7&/ G, 33%) Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council -- Please Print Name: Address: City: /L ’?{< &k- 0- - .rL/ L’C - /- Subject : S‘Lylb‘ .*y)+-*,$ -3 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 Name: Address: I47 m7 -RET City: PBG Subject: 10 Please Print Name: Address: I47 m7 -RET City: PBG Subject: 10 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: M#J\q LA, \ c526? \\ Address: btm ALC A’?- AkL [Z:51, ‘tt Subject: 0,- cb ’ r.-As -nI” 0 City: 1 \o &.. -\ ~ 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.
,&r/g(J 3- 7- c;f&@, /d*zsn.7 Please Print Name: /f /B/?,?lhi,J Address:- ozL3 A?e#zAe PL -76 q City: /% 6- Subject : SSAJ /hRg7-- ref? r;, COMMENTS FROM THE PUBLIC Request to Address City Council /I) {tkd,: r ~ 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.
7 FROM THE PUBLIC Request to Address City Council Name: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
A~w- om.{o COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Subject: nAww Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: q\B* WCUES Address: \4\bL 60 bet* 4 City: bAC4 &hWS. +L Subject : WOSE h>hYcO --b kb 42b;CJa Bc, rwM.&M+i’s Q.!!r. fc ~ 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 Address: 19/62 6s” N Name: +euG %t;t;GMk City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 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 Name: q-iiacLjl hkco/o( Address: 5d+- prlcQIzci/ Pl6C-e *‘c‘(f Subject: OY/c(//\Oqce LO- xL.4 fikserc, City: p,r @CCK~ GGJ~&~, FC 3 VI 0 .. 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.
Request to Address City Council Please Print Name: 4 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.
I 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 Members of the public may address the City Council during the 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 , I1 11 1. I Please Print Name: 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 portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: nli cole 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.
CITY COUNCIL MEETING 05/17/07
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS: NONE
DELETIONS:
MODIFICATIONS
Resolution 48,2007 - Letters of Support for the
South Florida Regional Transportation
Authority.
Staff was notified today that it is not likely that the
dedicated fbnding issue would be discussed during
Special Session; therefore, it would be better to
table this issue until next year's session.
Ordinance 10.2007 - (2nd reading and
adoption) Employer Sponsored Housing.
Staff received a letter today from the petitioner
requesting a postponement to a time and date
certain of 7:OO p.m. on June 7,2007.
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CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, National Police Week 2007 is to honor the service and sacrifice of
those law enforcement officers killed in the line of duty while protecting our
communities and safeguarding our democracy, and;
WHEREAS, there are more than 800,000 law enforcement officers serving in
communities across the United States, including 121 sworn members of the Palm Beach
Gardens Police Department, and;
WHEREAS, some 56,000 assaults against law enforcement officers are reported
each year, and;
WHEREAS, since the first recorded death in 1792, nearly 18,000 law
enforcement officers in the United States have made the ultimate sacrifice and been
killed in the line of duty, including 1 member of the Palm Beach Gardens Police
Department, and;
WHEREAS, the names of these dedicated public servants are engrave<J on the
walls of the National Law Enforcement Officers Memorial, which was dedicated in
1991 in Washington, D.C,, and;
WHEREAS, 382 names are being added to the National Law Enforcement
Officers Memorial this year, including 145 officers killed in 2006 and 237 historical
cases involving officers killed in previous years, and;
WHEREAS, May 15 is designated as Peace Officers Memorial Day, with federal
law (P.L. 103-322) directing that all flags be flown at half-staff on that date in honor of
fallen officers and their families; and
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 the week of May 13th
to May 1 !Jth to be Police Week and call upon all our citizens in this community to especially
honor and show our sincere appreciation for the police officers of this city by deed, remark
and attitude. We call upon them to show their thanks to our men and women who make it
possibk for us to kave our homes and family in safety each day and to return to our homes
knowing they are protected by men willing to sacri{ice their lives if necessary, to guard our
loved ones, property and government against all who would violate the law.
Attest:
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, public works services provided in
integral part of our citizen's everyday lives; and
WHEREAS, the support of an understanding and informed eitizenry is
vital to the efficient operation of public works systems and programs such as storm water
sewers, streets, highways, public buildings, fleet maintenance and solid waste collection;
and
WHEREAS, the health, safety and comfort of this community greatly
depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
plaQ-ning, design~ and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who
staff public works departments is materially influenced by the people's attitude and
understanding of the work they perform,
WHEREAS, this year's theme "Public Works: Moving Life Forward", is a
tribute to the many positive improvements public works employees have made to our
communities;
NOW, THEREFORE, L Joseph R. Russo, by virtue of the authority vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the
week of May 20 through 26, 2007 as
NATIONAL PUBLIC WORKS WEEK
IN WITNESS
Attest:
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, public works services provided in our community are an
integral part of our citizen 's everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is
vital to the efficient operation of public works systems and programs such as storm water
sewers, streets, highways, public buildings, fleet maintenance and solid waste collection;
and
WHEREAS, the health, safety and comfort of this community gteatly
depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who
staff public works departments is materially influenced by the people's attitude and
understanding of the work they perform,
WHEREAS, this year's theme "Public Works: Moving Life Forward", is a
tribute to the many positive improvements public works employees have made to our
communities;
NOW, THEREFORE, L Joseph R. Russo, by virtue of the authority vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the
week of May 20 through 26, 2007 as
NATIONAL PUBLIC WORKS WEEK
IN WITNESS
Attest: