HomeMy WebLinkAboutAgenda Council Agenda 111507
City of Palm Beach Gardens
Council Agenda
November 15, 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
November 15, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. PGA National Park.
b. (Page 4) FBI National Academy Associates presentation to PBG Police
Volunteers.
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 August 16, 2007 regular City Council meeting.
b. (Page 12) Approve Minutes from September 4, 2007 regular City Council
meeting.
c. (Page 19) Approve Minutes from September 19, 2007 regular City Council
meeting.
d. (Staff Report on Page 25, Resolution on Page 43) Resolution 121, 2007 -
Software license and use Agreement. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving a Software License and Use
Agreement between the City of Palm Beach Gardens and MCCi, a subsidiary of
Municipal Code Corporation, for the Laserfiche Document Imaging System; and
providing an effective date.
e. (Staff Report on Page 53, Resolution on Page 55) Resolution 128, 2007 -
Purchase award to Musco Sports Lighting. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving an Agreement with Musco
Sports Lighting, LLC for the purchase and installation of sports lighting at PGA
National Park in an amount not to exceed $575,586.00 via an existing contract
with the City of Jacksonville, Florida, Bid No. SC-0511-06; authorizing the
Mayor and the City Clerk to execute the Agreement; and providing an effective
date.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
a. (Staff Report on Page 69, Ordinance on Page 261) Ordinance 31, 2007 – (2nd
reading and adoption). Amending the Capital Improvements Element. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Capital Improvements Element of the City of Palm Beach Gardens
comprehensive plan; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
FBI National Academy Associates presentation to PBG Police Volunteers.
At the November 15, 2007 City Council meeting, Broward County Sheriff Al Lamberti, Chief
Lou Cavallo, Broward County Sheriff Office and Terry Mullen, Florida Department of Law
Enforcement, will present the Palm Beach Gardens Police Volunteers with a check for $5,000 for
the newly formed 501(c) 3 corporation “Palm Beach Gardens Police Volunteers, Inc.”
Sheriff Lamberti, as past president and treasurer, will be presenting the check on behalf of the
Florida Chapter of the Federal Bureau of Investigation National Academy Associates, Inc.
(FBINAA), who held their annual training conference at the PGA National Resort this past July.
The FBINAA is making the donation to thank the City for their hospitality and assistance
throughout the conference, and especially for the help provided by many of our Citizen Mobile
Patrol (CMP) volunteers, who worked at the event in a variety of capacities.
1
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
August 16, 2007 4
5
The August 16, 2007 Regular Meeting of the City Council of the City of Palm Beach 6
Gardens, Florida, was called to order at 7:05 p.m. in the Council Chambers of the Municipal 7
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor 8
Russo, and opened with the pledge of allegiance. A moment of silence was observed for the 9
death of Amanda Buckley. 10
ROLL CALL: The Deputy City Clerk called the roll and the following elected officials 11
were found to be in attendance: Mayor Joseph Russo, Vice Mayor David Levy, 12
Councilmember Eric Jablin, Councilmember Hal Valeche, and Councilmember Jody Barnett. 13
Councilmember Jablin reported Tim Frohling had asked him to thank the City for all the 14
things they had done to ease the pain of the family of Amanda Buckley. Staff was asked to 15
research ways to remember Amanda Buckley. 16
ADDITIONS, DELETIONS, MODIFICATIONS: 17
Mayor Russo announced two deletions under Part I, Quasi Judicial, Resolution 75, 2007 – 18
Gardens Medical Pavilion and Resolution 78, 2007 – Chase Bank Building. There were no 19
additions or modifications. Councilmember Jablin moved approval of the deletions as stated 20
by the Mayor. Vice Mayor Levy seconded the motion. Motion carried by unanimous 5-0 21
vote. 22
ANNOUNCEMENTS / PRESENTATIONS: 23
Cabana Colony Canal Maintenance – City Engineer Dan Clark provided a presentation, 24
advised that the City did not own the canal, reviewed difficulties with obtaining permits to 25
work in the canal, the probable cost of the work, compared the canal to the RCA canal, and 26
answered questions from the City Council. The Mayor indicated Commissioner Marcus was 27
willing to meet on this matter. The possible fire hazard was discussed. Jeff Miller provided 28
objections to the points made in the presentation. Mayor Russo expressed his willingness to 29
meet with Commissioner Marcus, and to try to help. The City Engineer advised that in his 30
professional opinion, public safety was not in peril at this point, with which Mr. Miller 31
disagreed and asked for a meeting with the Fire Chief. Fire Chief Pete Bergel commented on 32
the last fire. 33
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: 34
Councilmember Barnett asked everyone to recognize that law enforcement officers were 35
there to protect everyone and acknowledged the death of Sgt. Reyka. Vice Mayor Levy 36
announced the new issue of Signature City was out, and asked everyone to look at and 37
follow the green tips. Councilmember Valeche commented the sentiments expressed for the 38
Buckley family were appropriate, and wanted everyone to be aware that the person 39
apparently responsible had suffered no consequences for his prior bad acts, and had been free 40
to prey upon Ms. Buckley, the system had failed her. Mayor Russo reported he met with the 41
Principal of Palm Beach Gardens High School, Mayor Eissey of North Palm Beach, and 42
Commissioner Marcus, who wanted the new field at the Palm Beach Gardens High School to 43
have artificial turf, which would cost $750,000, and they wanted the City’s support in the 44
form of fundraising. Mayor Russo also met with the Literacy Coalition, who wanted the City 45
to support their efforts. 46
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
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COMMENTS FROM THE PUBLIC: 1
Steve Cohen, of Holland & Knight law firm, reported that he and Casey Steinbacher had met 2
with staff and were going to meet with other municipalities to see how they had handled 3
outdoor seating, and would report with recommendations for expanded outdoor seating 4
balanced with the needs and desires of nearby residents. City Manager Ferris advised that the 5
public would be involved before this came before City Council. Paul Auerbach, Palm Beach 6
Gardens Residents Coalition, reported that staff spoke at their last meeting, thanked the City, 7
and expressed his opinion their organization could provide input regarding extra outdoor 8
seating. Pat Hughey, Palm Beach Square, thanked staff for the budget discussion and asked 9
that at least two meetings with the residents be placed on next year’s schedule. Ms. Hughey 10
clarified she had not requested termination of the City Manager, but had asked for a cap on 11
the financial package for the City Manager and the same cap on any other position that was 12
tied to the increased percentage of the general employees. Ms. Hughey also requested a 13
written evaluation for the Manager’s position, the City’s position on repair or replacement of 14
the rusted artwork on the PGA Flyover, and thanked those involved in National Night Out. 15
Mayor Russo answered Ms. Hughey’s questions. Councilmember Barnett thanked staff for 16
the audio of the meetings that are now online. Eileen Tucker, Shady Lakes, thanked staff for 17
communicating, and asked if salaries included perks; the City Manager indicated that he 18
could discuss that with her. Ms. Tucker asked that the matters the City was going to look 19
into be reported at meetings so residents would know the results. Ms. Tucker questioned if 20
Code Enforcement was looking at the signs on PGA Boulevard. The City Manager reported 21
that they were looking at signs across the City. Rajiv Shah thanked the City for an 22
outstanding job, and asked that a copy of code violation notices be left at the property 23
because the process took so long to receive notices by mail that a second violation was 24
issued for the same thing before the first one was received. Police Chief Stepp reported the 25
process had been streamlined so hopefully that had been corrected. 26
CONSENT AGENDA: Vice Mayor Levy made a motion to accept the consent agenda. 27
Councilmember Barnett seconded the motion, which carried by unanimous 5-0 vote. 28
Therefore, the following items were approved on the Consent Agenda: 29
a. Approve Minutes from June 21, 2007 regular City Council meeting. 30
b. Approve Minutes from June 28, 2007 Budget Workshop meeting. 31
c. Resolution 58, 2007 - Addendum II to the Agreement with Staffing 32
Connection/Action Labor. A Resolution of the City Council of the City of 33
Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to 34
execute Addendum II to the Agreement with Staffing Connection/Action 35
Labor for School Crossing Guard Services; and providing an effective date. 36
d. Resolution 67, 2007 – Manpower Temporary Staffing. A Resolution of the 37
City Council of the City of Palm Beach Gardens, Florida approving a Stand-38
by Agreement between the City of Palm Beach Gardens and Famoso, Inc., 39
d/b/a Manpower of the Palm Beaches for temporary employment services 40
related to storm debris monitoring via an existing contract with the State of 41
Florida Department of Management Services (contract no. 991-460-07-1); 42
and providing an effective date. 43
e. Resolution 80, 2007 – Reappointment of Special Magistrate. A Resolution of 44
the City Council of the City of Palm Beach Gardens, Florida reappointing 45
Kevin M. Wagner to serve as Code Enforcement Special Magistrate; 46
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
3
authorizing the Mayor and City Clerk to execute an agreement with Kevin M. 1
Wagner; and providing an effective date. 2
f. Resolution 85, 2007 - Agreement with PGA North II of Florida, LLC. A 3
Resolution of the City Council of the City of Palm Beach Gardens, Florida 4
approving an Agreement with PGA North II of Florida, LLC for Landscape 5
and Irrigation Maintenance Services for the PGA Boulevard Flyover Project; 6
and providing an effective date. 7
g. Resolution 88, 2007 – Interlocal Agreement with Palm Beach County. A 8
Resolution of the City Council of the City of Palm Beach Gardens, Florida 9
approving First Amendment to the Interlocal Agreement with Palm Beach 10
County for access to the common talk groups on Palm Beach County’s radio 11
system; and providing an effective date. 12
h. Resolution 90, 2007 – Contract to Ultimate Catering Inc. A Resolution of the 13
City Council of the City of Palm Beach Gardens, Florida approving an 14
Agreement with Ultimate Catering, Inc. for Food and Beverage Golf Course 15
Concession Services; and providing an effective date. 16
i. Proclamation – National Night Out. 17
PUBLIC HEARINGS: Mayor Russo announced the procedures to be followed in tonight’s 18
quasi-judicial hearings. The Deputy City Clerk swore in all those intending to offer 19
testimony in any of tonight’s cases. 20
Part II – Non-Quasi-judicial 21
Resolution 81, 2007 - Memorandum of Agreement. A Resolution of the City Council of the 22
City of Palm Beach Gardens, Florida approving a Memorandum of Agreement with the 23
Office of Tourism, Trade, and Economic Development for the review of eligible Bioscience / 24
Life Science Projects within the Bioscience Research Protection Overlay; authorizing the 25
Mayor and City Clerk to execute the Agreement; and providing an effective date. The 26
Deputy City Clerk read Resolution 81, 2007 by title. Mayor Russo declared the public 27
hearing open. Growth Management Administrator Kara Irwin presented the Resolution. 28
Hearing no comments from the public, Mayor Russo declared the public hearing closed. 29
Councilmember Jablin moved approval of Resolution 81, 2007. Vice Mayor Levy seconded 30
the motion, which carried by unanimous 5-0 vote. 31
Ordinance 20, 2007 – (1st reading) LDR Text Amendment. An Ordinance of the City Council 32
of the City of Palm Beach Gardens, Florida relating to Off-Street Parking; amending Section 33
78-345, Code of Ordinances entitled “Number of Parking Spaces Required”, to establish a 34
parking ratio for Drugstore or Pharmacy, General, with drive-through service; providing for 35
codification; and providing an effective date. The Deputy City Clerk read Ordinance 20, 36
2007 by title only on first reading. Mayor Russo declared the public hearing open. 37
Donaldson Hearing made a presentation on behalf of the applicant. Hearing no comments 38
from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin 39
moved to place Ordinance 20, 2007 on first reading by title only. Vice Mayor Levy seconded 40
the motion, which carried by unanimous 5-0 vote. 41
Part I – Quasi-judicial 42
Ordinance 21, 2007 - (1st reading) Legends at the Gardens MXD PUD Amendment. An 43
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 44
Ordinance 7, 2003 relating to the zoning for the Legends at the Gardens Residential Mixed 45
Use Planned Unit Development (MXD/PUD) to transfer the site plan approval and related 46
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
4
conditions to Resolution 79, 2007; and providing an effective date. [Resolution 79, 2007 is a 1
companion item to Ordinance 21, 2007 and will require Council action at second 2
reading.] Resolution 79, 2007 - Legends at the Gardens MXD PUD Amendment. A 3
Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the 4
Legends at the Gardens Residential Mixed-Use Planned Unit Development (MXD/PUD), 5
which is located on the Southwest corner of the intersection of Central Boulevard and 6
Donald Ross Road, to allow for the development of an 11,200-square-foot general office 7
building and a major conditional use for a 14,729-square-foot general drug store with two 8
drive-through lanes, as more particularly described herein; providing waivers; providing 9
conditions of approval; and providing an effective date. The Deputy City Clerk read 10
Ordinance 21, 2007 by title only on first reading. Mayor Russo declared the public hearing 11
open, and called for exparte communication. Vice Mayor Levy reported attending a meeting 12
with the petitioner at City Hall, a staff member, Donaldson Hearing, and Ryan Johnston; 13
they discussed landscaping, traffic flows, and the effect Ordinance 20, 2007 would have. 14
Councilmember Valeche and Councilmember Jablin reported meeting with staff and the 15
petitioner. Mayor Russo reported meeting with staff and receiving a phone call from 16
Raymond Royce offering to meet; Mayor Russo advised he would call if he wanted to have a 17
meeting with Mr. Royce after his meeting with staff, he did not call Mr. Royce for a 18
meeting. Donaldson Hearing made a presentation on behalf of the applicant. Hearing no 19
comments from the public, Mayor Russo declared the public hearing closed. Councilmember 20
Jablin moved to place Ordinance 21, 2007 on first reading by title only. Vice Mayor Levy 21
seconded the motion, which carried by unanimous 5-0 vote. 22
Resolution 74, 2007 – Gardens Commerce Center. A Resolution of the City Council of the 23
City of Palm Beach Gardens, Florida approving the Master Signage Program for Gardens 24
Commerce Center Planned Unit Development (PUD), located on the West side of Riverside 25
Drive, East of Interstate 95, North of Plat 5 and approximately 300 feet South of Burns 26
Road, as described more particularly herein; providing waivers; providing a condition of 27
approval; and providing an effective date. The Deputy City Clerk read Resolution 74, 2007 28
by title only. Mayor Russo declared the public hearing open and called for exparte 29
communication. No exparte communication was reported. Brian Cheguis, Cotleur & 30
Hearing, made a presentation on behalf of the applicant. Councilmember Barnett preferred 31
the signage to be all bronze. Hearing no comments from the public, Mayor Russo declared 32
the public hearing closed. Councilmember Jablin moved to approve Resolution 74, 2007, 33
with the change to delete Section 3 paragraph 1 and adding in that all master signage will be 34
the same color and that color will be bronze. Councilmember Barnett seconded the motion, 35
which carried by unanimous 5-0 vote. 36
Resolution 76, 2007 – Gardens Pointe. A Resolution of the City Council of the City of Palm 37
Beach Gardens, Florida approving an amended site plan for Gardens Pointe to allow the 38
development of a 175-room six (6) story hotel, a four (4) story 37,500-square-foot office 39
building, and a one (1) story 4,000-square-foot out parcel bank on a 6.64-acre site located at 40
the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the 41
Regional Center Development of Regional Impact (DRI), as more particularly described 42
herein; providing conditions of approval; providing waivers; and providing an effective date. 43
The Deputy City Clerk read Resolution 76, 2007 by title only. Mayor Russo declared the 44
public hearing open and called for exparte communication. Vice Mayor Levy reported 45
meeting at City Hall with staff, John Glidden, Brian Marks, John Safo, and Dodi Glass and 46
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/16/07
5
discussed requested waivers, the footbridge, the lake and drainage. Councilmember Valeche 1
reported that he had the same meeting with the same individuals and discussed the same 2
things. Mayor Russo reported that he reviewed the project with staff and had received a call 3
from Dodi Glas but did not call her back for a meeting. Councilmember Barnett reported she 4
also met with staff but did not consider that exparte. Dodi Glas made a presentation on 5
behalf of the applicant. During ensuing discussion, questions from the City Council were 6
answered, and the overlook and bridge were discussed. Council consensus was to give back 7
the $500,000 for the trolley system. Vice Mayor Levy stated for the record that he was 8
opposed. Hearing no comments from the public, Mayor Russo declared the public hearing 9
closed. Councilmember Jablin moved to approve Resolution 76, 2007 with the amendment to 10
condition 39 to strike the existing language and add that the City will release the letter of 11
credit and terminate the agreement, as stated by the City Attorney. Vice Mayor Levy 12
seconded the motion, which carried by unanimous 5-0 vote. 13
Ordinance 19, 2007 - (1st reading) Monet Office Building. An Ordinance of the City Council 14
of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land 15
consisting approximately of 2.57 acres, generally located South of RCA Boulevard, West of 16
Prosperity Farms Road, and adjacent to the Village Square, as more particularly described 17
herein, from Professional Office (PO) to a Planned Unit Development (PUD) Overlay with 18
underlying Professional Office (PO) zoning, to be referred to as the “Village Square II”; 19
amending the Zoning District Map; and providing an effective date. [Resolution 77, 2007 is 20
a companion item to Ordinance 19, 2007 and will require Council action at second 21
reading.] Resolution 77, 2007 - Monet Office Building – A Resolution of the City Council 22
of the City of Palm Beach Gardens, Florida approving the site plan for the 2.57-acre parcel 23
of land generally located South of RCA Boulevard, West of Prosperity Farms Road, and 24
adjacent to the Village Square, as more particularly described herein, to be referred to as the 25
“Village Square II”; allowing the development of a Medical and Professional Office 26
building; providing waivers; providing conditions of approval; and providing an effective 27
date. The Deputy City Clerk read Ordinance 19, 2007 on first reading by title only. Mayor 28
Russo declared the public hearing open and stated that he met with staff, which was not 29
exparte. Marty Minor, Urban Design Studio, made a presentation on behalf of the applicant. 30
Hearing no comments from the public, Mayor Russo declared the public hearing closed. 31
Councilmember Jablin moved to place Ordinance 19, 2007 on first reading by title only. 32
Vice Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 33
Resolution 84, 2007 - Legacy Place Commercial Re-Plat. A Resolution of the City Council 34
of the City of Palm Beach Gardens, Florida approving the Legacy Place Commercial Replat; 35
and providing an effective date. The Deputy City Clerk read Resolution 84, 2007 by title. 36
Mayor Russo declared the public hearing open. Hearing no comments from the public and no 37
exparte communications, Mayor Russo declared the public hearing closed. Councilmember 38
Jablin moved approval of Resolution 84, 2007. Vice Mayor Levy seconded the motion, 39
which carried by unanimous 5-0 vote. 40
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Resolution 91, 2007 - Double Tree Hotel Complex Re-Plat. A Resolution of the City Council 1
of the City of Palm Beach Gardens, Florida approving the Double Tree Hotel Complex Plat 2
“A” Replat; and providing an effective date. The Deputy City Clerk read Resolution 91, 3
2007 by title. Mayor Russo declared the public hearing open. Hearing no comments from the 4
public and no exparte communications, Mayor Russo declared the public hearing closed. 5
Councilmember Jablin moved approval of Resolution 91, 2007. Vice Mayor Levy seconded 6
the motion, which carried by unanimous 5-0 vote. 7
RESOLUTIONS: 8
Resolution 87, 2007 - Approving the renewal of insurance benefits. A Resolution of the City 9
Council of the City of Palm Beach Gardens, Florida approving the renewals of Blue Cross 10
Blue Shield of Florida, Policy Number 91062, Guardian Policy Number 407008, and 11
Jefferson Pilot Financial Policy Numbers 000010074146 and 000010074147, for Fiscal Year 12
2007/2008; and providing an effective date. Councilmember Jablin moved approval of 13
Resolution 87, 2007. Vice Mayor Levy seconded the motion, which carried by unanimous 5-14
0 vote. 15
ITEMS FOR COUNCIL ACTION/DISCUSSION: 16
Kohl's Department Store, Lake Park – The Town of Lake Park called an emergency meeting 17
of the Biotech Land Advisory Board to get input from the other members of that board. 18
Concern was expressed regarding having a department store in biotech overlay area. 19
Direction was given for Mayor Russo or his alternate to the board to ask Lake Park how they 20
could mitigate the loss of biotech square footage, in order to keep their promise to the 21
Governor. 22
City’s Nomination of a Private Sector Appointment to the Workforce Alliance, Inc. Board of 23
Directors - Stacy Rundle, Assistant to the City Manager, reported that the City had signed 24
onto the Workforce Alliance, Inc., via an Interlocal agreement and was entitled to make a 25
nomination to the Board of Directors. Also, the Department of Community Affairs had 26
requested an amendment to the agreement with regard to them being a special independent 27
district, and that would be coming to the City for signatures. The Council was to talk to 28
people to see who was interested. 29
Metropolitan Planning Organization (MPO) Funds – Councilmember Jablin read a letter 30
regarding funds earmarked for PGA Boulevard extension, no longer to be constructed, 31
requesting the funds be re-designated for State Road 710. Consensus of Council was to 32
support the proposed re-designation. 33
CITY ATTORNEY REPORT: 34
City Attorney Tatum reported her office and the Growth Management Department planned 35
to bring forward an amendment to the Land Development Regulations regarding the PGA 36
Corridor Overlay to make clear the uses that were allowed in the PGA Corridor Overlay, 37
since the Planning, Zoning and Appeals Board had overruled the Growth Management 38
Administrator’s decision regarding night clubs at their meeting earlier in the week. 39
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ADJOURNMENT 1
2
There being no further business to discuss, the meeting was adjourned at 9:59 p.m. 3
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APPROVAL: ____________________________________ 6
MAYOR RUSSO 7
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____________________________________ 10
VICE MAYOR LEVY 11
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____________________________________ 14
COUNCILMEMBER JABLIN 15
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____________________________________ 18
COUNCILMEMBER VALECHE 19
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____________________________________ 22
COUNCILMEMBER BARNETT 23
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ATTEST: 25
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____________________________________ 28
PATRICIA SNIDER, CMC 29
CITY CLERK 30
31
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not 32
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the 33
City Clerk. All referenced attachments are on file in the City Clerk’s office. 34
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1
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
September 4, 2007 4
5
The September 4, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens, 6
Florida, was called to order at 7:00 p.m. in the Council Chambers of the Municipal Complex, 7
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and 8
opened with the pledge of allegiance. 9
ROLL CALL: The City Clerk called the roll and the following elected officials were found to 10
be in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 11
Councilmember Hal Valeche, and Councilmember Jody Barnett. 12
ADDITIONS, DELETIONS, MODIFICATIONS: 13
Mayor Russo announced no additions, deletions or modifications to the agenda, but made a 14
statement relating to the events of the past few weeks and the Palm Beach Post articles linking 15
him to the Warren Newell scandal, and in effect indicating he should violate the CPA/client 16
confidentiality required of him by law. Mayor Russo read a statement to the residents regarding 17
his lack of involvement in this matter and assured them he would not let this distraction deter his 18
focus and dedication to the future of the City of Palm Beach Gardens. 19
ANNOUNCEMENTS / PRESENTATIONS: 20
Veterans Park Presentation – Charlotte Presensky, Recreation Director, working in conjunction 21
with Councilmember Valeche, recommended the City Hall Plaza as a gathering place, to 22
incorporate the overall plaza as a redevelopment with greening and amenities to honor those who 23
had served, to continue traditions already started, and to set a foundation for future participation 24
from the public to honor veterans in other ways. Councilmember Valeche recognized a member 25
of the audience who had worked with him on the original idea, announced this site should be 26
ready for the next Veterans Day, and thanked staff for their work. Staff presented the greening 27
plan and described the memorial site. Councilmember Jablin expressed his support. 28
Councilmember Jablin made a motion to move forward with this plan as outlined by staff. Vice 29
Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. Councilmember 30
Valeche announced the Veterans Day celebration would be held November 11 at 11:00 a.m. 31
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: 32
Councilmember Barnett announced she was running for re-election because she cared for the 33
City, enjoyed serving, and looked forward to years of contribution towards the betterment of the 34
community. Vice Mayor Levy announced Family Fitness Day on Saturday, Good Neighbor Day 35
the next day, and a ball game on Friday between the City’s two high schools. Vice Mayor Levy 36
recognized members of the Recreation Advisory Board who had worked on the PGA National 37
Park. Councilmember Valeche reported he had been all over the district and Palm Beach 38
Gardens was the most attractive place in Florida, and congratulated everybody who had been 39
involved in the process of creating the City. Councilmember Jablin agreed, announced that 40
Councilmember Valeche was running for a congressional seat, and that he also was running for 41
re-election. Mayor Russo reported he had attended the Biotech Overlay meeting, the Kohl’s 42
Department Store change would go through, but the rest of that land needed to remain for 43
biotech. The Mayor reported the City would receive a $10,000 donation from the Honda Classic, 44
and these funds would be earmarked for a boundless playground at PGA National Park. 45
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
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CITY MANAGER REPORT 1
PGA Flyover Artwork Update – Charlotte Presensky reviewed the contract with the artist, the 2
problems with discoloration, proposed remediation, and answered questions from the Council. 3
PGA National Park – Charlotte Presensky provided a status report on the upcoming phased 4
renovation plan. 5
Sign Code Violations - David Reyes, Operations Director, reported that the implementation of 6
Ordinance 6, 2007 had resulted in approximately 60 Special Master cases per month, advised 7
that Code Enforcement was collecting illegal signs, and described other compliance efforts. 8
Outdoor Furniture Tarps – Kara Irwin, Growth Management Administrator, reported a resident 9
had complained about the outdoor furniture tarps and advised that there was no code violation. 10
Staff was requested to look at a more attractive storage solution and ask for the rest aurants’ 11
hurricane plan. 12
Palm Beach County Literacy Coalition – Dixie Randall, Administration Department, reported 13
Mayor Russo had been invited to be a part of the Mayor’s Literacy Initiative, and reviewed 14
things the City could do to participate. Councilmember Jablin made a motion to authorize Mayor 15
Russo to join the Mayor’s Literacy Initiative and sign the letter. Vice Mayor Levy seconded the 16
motion, which carried by unanimous 5-0 vote. 17
COMMENTS FROM THE PUBLIC 18
Adelaide Lawson, Military Trail, asked the City Council to support continuing the Palm Tran 19
door-to-door transportation for seniors which was to be eliminated October 1, 2007, for all 20
except those in almost critical condition. Mayor Russo indicated her comments would be sent to 21
Commissioner Marcus. Eileen Tucker, Shady Lakes, asked if there had been music on the 22
flyover and was told no; asked the distance from the curb for signs on PGA Boulevard and if 23
they were legal; commented the tarps were ugly and asked if they could be placed in back of the 24
buildings or screened with landscaping. Paul Auerbach, Gardens of Woodberry, was opposed to 25
changing the election date to January; opposed to making parking spaces more narrow; and 26
asked Council to think about the unsightly tarps one would see in the mornings before approving 27
more outdoor seating. Joey Eichner and Joel Channing, representing PGA Corridor Association, 28
advised that they were very proud of their first project, which was the PGA Boulevard Flyover 29
and they planned to have representation at Council meetings when issues involving the corridor 30
were considered. Carolyn Chaplik, Hudson Bay Drive, advised going forward on the art issue, 31
which couldn’t be corrected just by cleaning; and requested the election date be kept for March. 32
Pat Hughey, Palm Beach Square, requested that the Council prepare a written evaluation form 33
for the City Manager’s position by January 2008 and to have a re-negotiation of his contract and 34
any other contracts related to the general employees and also to have a cap on increases on those 35
positions for this year in the budget. F.R. Silbey, Mirasol, commented that the idea of changing 36
the election date was arbitrary and counterproductive, items that needed to be cleared in the next 37
election were variances, how developers were treated, issues the Mayor addressed in his opening 38
remarks, and the Council should not shorten the process. Consensus of Council was not to 39
change the election date. Bob Odell, Palm Beach County Police Benevolent Association (PBA), 40
stated he had been appalled at the articles about Mayor Russo and expressed his organization’s 41
support for the Mayor and the City. 42
43
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
3
CONSENT AGENDA – Councilmember Jablin moved approval of the consent agenda. Vice 1
Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 2
a. Approve Minutes from July 19, 2007 regular City Council meeting. 3
b. Resolution 73, 2007 - Surplus property. A Resolution of the City Council of the 4
City of Palm Beach Gardens, Florida declaring certain items of personal property 5
as surplus property and authorizing its sale by auction; and providing an effective 6
date. 7
c. Resolution 86, 2007 - Agreement with Borland Center Owners Association. A 8
Resolution of the City Council of the City of Palm Beach Gardens, Florida 9
approving an Agreement between the City of Palm Beach Gardens and Borland 10
Center Owners Association, Inc. for median maintenance activities on PGA 11
Boulevard; and providing an effective date. 12
d. Resolution 96, 2007 - Palm Beach Workforce Development Consortium. A 13
Resolution of the City Council of the City of Palm Beach Gardens, Florida 14
authorizing the execution of the First Amendment to the Interlocal Agreement 15
creating the Palm Beach Workforce Development Consortium; and providing an 16
effective date. 17
e. Quarterly Financial Report for the quarter ending June 30, 2007. 18
f. Proclamation – Good Neighbor Day. 19
g. Proclamation – Save a Life Month. 20
h. Proclamation - Citizenship Day and Constitution Week. 21
i. Proclamation – National Sickle Cell Month. 22
PUBLIC HEARINGS - Mayor Russo announced the procedures that would be followed in 23
tonight’s quasi-judicial cases. The City Clerk swore in all those intending to offer testimony in 24
any of tonight’s cases. 25
Part II – Non-Quasi-judicial 26
Ordinance 22, 2007 – (1st reading) Adopting the Fiscal Year 2007/2008 budget. An Ordinance of 27
the City Council of the City of Palm Beach Gardens, Florida adopting a budget for the City of 28
Palm Beach Gardens for the Fiscal Year commencing October 1, 2007, and ending September 29
30, 2008; and providing an effective date. The City Clerk read Ordinance 22, 2007 on first 30
reading by title only. Mayor Russo declared the public hearing open. Allan Owens, Finance 31
Administrator, reviewed the budget process, the City’s requirements under the new tax reform 32
legislation, the decrease in proposed millage to 5.254%, and projections comparing the current 33
save our homes systems with the proposed super exemption. Pat Hughey, Palm Beach Square, 34
felt that the proposed raise percentages were too high, and asked for more information on the 35
positions that were to be eliminated. Ed Morejon, union representative for the Firefighters, 36
expressed concern that five positions in the Fire Department were being eliminated. Hearing no 37
further comments from the public, Mayor Russo declared the public hearing closed. The City 38
Manager and Fire Chief Bergel spoke regarding the positions being eliminated, Council 39
discussion ensued. Councilmember Jablin disclosed he had spoken to Ed Morejon. 40
Councilmember Jablin made a motion to adopt a tentative millage of 5.2540 mils for Fiscal Year 41
2007/2008. Vice Mayor Levy seconded the motion. Mayor Russo disclosed he had spoken to Ed 42
Morejon and that he was a member of the Honda Classic Foundation board. Vice Mayor Levy 43
and Councilmember Valeche also disclosed speaking with Ed Morejon. Motion carried by 44
unanimous 5-0 vote. Councilmember Jablin made a motion announcing that the proposed 45
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
4
millage rate represented a decrease from the roll back rate by 5.003%. Vice Mayor Levy 1
seconded the motion, which carried by unanimous 5-0 vote. Councilmember Jablin made a 2
motion to approve Ordinance 22, 2007 on first reading, adopting a tentative budget for Fiscal 3
Year 2007/2008 and setting the second and final reading for September 19, 2007 at 7:00 p.m. in 4
these Council Chambers. Vice Mayor Levy seconded the motion, which carried by unanimous 5
5-0 vote. 6
Ordinance 20, 2007 – (2nd reading and adoption) LDR Text Amendment. An Ordinance of the 7
City Council of the City of Palm Beach Gardens, Florida relating to Off-Street Parking; 8
amending Section 78-345, Code of Ordinances entitled “Number of Parking Spaces Required”, 9
to establish a parking ratio for Drugstore or Pharmacy, General, with drive-through service; 10
providing for codification; and providing an effective date. The City Clerk read Ordinance 20, 11
2007 on second reading by title only. Mayor Russo declared the public hearing open. Hearing no 12
comments from the public, Mayor Russo declared the public hearing closed. Councilmember 13
Jablin made a motion to adopt Ordinance 20, 2007 on second reading by title only. Vice Mayor 14
Levy seconded the motion, which carried by unanimous 5-0 vote. 15
Part I – Quasi-judicial 16
Ordinance 21, 2007 - (2nd reading and adoption) Legends at the Gardens MXD PUD 17
Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 18
amending Ordinance 7, 2003 relating to the zoning for the Legends at the Gardens Residential 19
Mixed Use Planned Unit Development (MXD/PUD) to transfer the site plan approval and related 20
conditions to Resolution 79, 2007; and providing an effective date. [Resolution 79, 2007 is a 21
companion item to Ordinance 21, 2007 and will require Council action.] Resolution 79, 22
2007 - Legends at the Gardens MXD PUD Amendment. A Resolution of the City Council of the 23
City of Palm Beach Gardens, Florida approving a major conditional use and amending the 24
Legends at the Gardens Residential Mixed-Use Planned Unit Development (MXD/PUD), 25
located on the Southwest corner of the intersection of Central Boulevard and Donald Ross Road, 26
to allow for the development of an 11,200-square-foot general office building and a 14,729-27
square-foot general drug store with two drive-through lanes, as more particularly described 28
herein; providing waivers; providing conditions of approval; and providing an effective date. 29
The City Clerk read Ordinance 21, 2007 on second reading by title only. The City Clerk read 30
Resolution 79, 2007 by title only. Mayor Russo declared the public hearing open and called for 31
ex-parte communication. There had been no ex-parte communication since the last meeting. 32
Hearing no comments from the public, Mayor Russo declared the public hearing closed. 33
Councilmember Jablin made a motion to adopt Ordinance 21, 2007 on second reading by title 34
only. Vice Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 35
Councilmember Jablin moved approval of Resolution 79, 2007. Vice Mayor Levy seconded the 36
motion, which carried by unanimous 5-0 vote. 37
Ordinance 19, 2007 - (2nd reading and adoption) Monet Office Building. An Ordinance of the 38
City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel 39
of land consisting approximately of 2.57 acres, generally located South of RCA Boulevard, West 40
of Prosperity Farms Road, and adjacent to the Village Square, as more particularly described 41
herein, from Professional Office (PO) to a Planned Unit Development (PUD) Overlay with 42
underlying Professional Office (PO) zoning, to be referred to as the “Village Square II”; 43
amending the Zoning District Map; and providing an effective date. [Resolution 77, 2007 is a 44
companion item to Ordinance 19, 2007 and will require Council action.] 45
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
5
Resolution 77, 2007 - Monet Office Building. A Resolution of the City Council of the City of 1
Palm Beach Gardens, Florida approving the site plan for the 2.57-acre parcel of land generally 2
located South of RCA Boulevard, West of Prosperity Farms Road, and adjacent to the Village 3
Square, as more particularly described herein, to be referred to as the “Village Square II”; 4
allowing the development of a Medical and Professional Office building; providing waivers; 5
providing conditions of approval; and providing an effective date. The City Clerk read 6
Ordinance 19, 2007 on second reading by title only. The City Clerk read Resolution 77, 2007 by 7
title only. Mayor Russo declared the public hearing open and called for ex-parte communication. 8
There had been no ex-parte communication since the last meeting. Hearing no comments from 9
the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a 10
motion to adopt Ordinance 19, 2007 on second reading by title only. Vice Mayor Levy seconded 11
the motion, commenting a waiver had saved a very old oak tree. Motion carried by unanimous 5-12
0 vote. Councilmember Jablin moved approval of Resolution 77, 2007. Vice Mayor Levy 13
seconded the motion, which carried by unanimous 5-0 vote. 14
Resolution 92, 2007 - PGA Commons request for light-pole mounted banners. A Resolution of 15
the City Council of the City of Palm Beach Gardens, Florida approving the installation of 16
banners on pedestrian light poles outside of the 55-foot PGA Boulevard landscape buffer 17
easement at PGA Commons parcel one, parcel two and parcel three, located on the South Side of 18
PGA Boulevard, East and West of its intersection with Hickory Drive, and East of its 19
intersection with Avenue of the PGA as more particularly described herein; providing conditions 20
of approval; and providing an effective date. The City Clerk read Resolution 92, 2007 by title 21
only. Mayor Russo declared the public hearing open and called for ex-parte communication. No 22
ex-parte communication was reported. Marty Minor of Urban Design Studio presented the 23
request on behalf of the applicant. Hearing no comments from the public, Mayor Russo declared 24
the public hearing closed. Councilmember Jablin made a motion to approve Resolution 92, 2007. 25
Vice Mayor Levy seconded the motion, which carried by 4-1 vote, with Councilmember Barnett 26
opposed. 27
RESOLUTIONS: 28
Resolution 89, 2007 – Fees and charges schedule. A Resolution of the City Council of the City 29
of Palm Beach Gardens, Florida updating the schedule of fees and charges for various services 30
rendered by the City of Palm Beach Gardens for its citizens and other members of the public for 31
Fiscal Year 2007/2008; and providing an effective date. Allan Owens, Finance Administrator, 32
presented the staff report. Councilmember Jablin made a motion to approve Resolution 89, 2007. 33
Vice Mayor Levy seconded the motion, which carried by unanimous 34
5-0 vote. 35
ORDINANCES 36
Ordinance 23, 2007 (for Consideration on First Reading) – Amending the Fiscal Year 2006/2007 37
Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 38
the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2006 and 39
ending September 30, 2007, inclusive; and providing an effective date. 40
The City Clerk read Ordinance 23, 2007 on first reading by title only. Allan Owens, Finance 41
Administrator, presented the staff report. Councilmember Jablin made a motion to place 42
Ordinance 23, 2007 on first reading by title only. Vice Mayor Levy seconded the motion, which 43
carried by unanimous 5-0 vote. 44
45
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
6
ITEMS FOR COUNCIL ACTION/DISCUSSION 1
Option for moving the March Municipal Election to the Presidential Preference Primary on 2
January 29, 2007 - This item was discussed earlier in the meeting with consensus not to change 3
the election date. 4
Establishing Community Development Districts for Parcel 5A and Parcel 5B – Kara Irwin, 5
Growth Management Administrator, presented the staff report and requested input from the City 6
Council. Discussion ensued. Staff was given direction to research all facets of this issue 7
including benefits to the City, and then make a presentation with their recommendation. 8
Health Insurance – Councilmember Barnett asked about the proposal to have 1% of Fire 9
Department raises applied toward health insurance. City Manager Ferris explained he had set up 10
a committee to research this issue and he would bring back a report based on their findings. 11
12
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/07
7
ADJOURNMENT 1
2
There being no further business to discuss, the meeting was adjourned at 9:57 p.m. 3
4
5
APPROVAL: ____________________________________ 6
MAYOR RUSSO 7
8
9
____________________________________ 10
VICE MAYOR LEVY 11
12
13
____________________________________ 14
COUNCILMEMBER JABLIN 15
16
17
____________________________________ 18
COUNCILMEMBER VALECHE 19
20
21
____________________________________ 22
COUNCILMEMBER BARNETT 23
24
ATTEST: 25
26
27
____________________________________ 28
PATRICIA SNIDER, CMC 29
CITY CLERK 30
31
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not 32
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City 33
Clerk. All referenced attachments are on file in the City Clerk’s office. 34
35
36
37
38
1
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
September 19, 2007 4
5
The September 19, 2007 Regular Meeting of the City Council of the City of Palm Beach 6
Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal 7
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor 8
Russo, and opened with the pledge of allegiance, followed by a moment of silence in 9
remembrance of September 11. 10
ROLL CALL: The City Clerk called the roll and the following elected officials were found 11
to be in attendance: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric 12
Jablin, Councilmember Hal Valeche, and Councilmember Jody Barnett. 13
ADDITIONS, DELETIONS, MODIFICATIONS: 14
Mayor Russo announced an addition under the consent agenda of a proclamation for 15
Worldwide Day of Play on September 29, 2007. There were no deletions or modifications to 16
the agenda. Councilmember Jablin moved approval of the addition as stated by the Mayor. 17
Vice Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 18
ANNOUNCEMENTS / PRESENTATIONS: 19
Florida Atlantic University (FAU) Hometown Tour - Dr. Kristen Murtaugh provided a video 20
presentation highlighting the university. Dr. Murtaugh and Terry Gearing provided a power 21
point presentation of the John D. MacArthur campus. 22
Gold Congressional Award Winners – Lynn Lyons explained the award and the 23
achievements of the three winners, Joey Russo, Andrew Sisko, and Jordan Dulcie. Mayor 24
Russo presented certificates and a pen to each one; and also to Lauren Dobry. Mayor Russo 25
read the names of other winners, and presented a certificate to Lynn Lyons. 26
Presentation on the new football stadium for Gardens High School - Dr. Ed Eissey described 27
the proposed facility, savings that would be realized by using turf instead of sod, and its 28
anticipated value as an asset to the City. The amount of $250,000, or one-third of the cost of 29
the turf, would be requested from the School Board, and the rest would be raised by the 30
community. Councilmember Jablin made a motion to authorize the Mayor to write a letter to 31
the School Board in support of this project. Vice Mayor Levy seconded the motion, which 32
carried by unanimous 5-0 vote. Jon Prince, Principal of Palm Beach Gardens High School, 33
presented the trophy for the Mayor’s Cup. 34
PUBLIC HEARINGS FOR 2007/2008 BUDGET – Non Quasi Judicial: 35
Presentation of the Fiscal Year 2007/2008 Budget - Mayor Russo declared the public hearing 36
open. Allan Owens, Finance Administrator, announced this was the second budget hearing, 37
summarized the process and timeline of the budget process. The tentative millage had been 38
set at 5.105% for operating purposes and .149% for debt services, with overall millage rate 39
of 5.254 mils, which was less than the roll back rate of 5.3737 mils by 5.003%. Mayor Russo 40
called for public comment: Donald Bottaizo, Rainwood Circle, described the City’s growth 41
and asked if the look of the City could be maintained with the proposed budget cuts, to 42
which the response was that staff would try very hard to maintain the level of roadway 43
landscaping and park facilities. Hearing no further comments from the public, Mayor Russo 44
declared the public hearing closed. 45
Resolution 105, 2007 - Adopting a Tax Levy and Millage Rate - A Resolution of the City 46
Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for 47
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
2
the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2007, and 1
ending September 30, 2008; directing the City Clerk to forward a certified copy of this 2
Resolution to the Property Appraiser and Tax Collector within three (3) days after its 3
adoption; and providing an effective date. The City Clerk read Resolution 105, 2007 by title 4
only. Councilmember Barnett asked to hear the City Manager’s report on the vacant Fire 5
positions. Fire Chief Pete Bergel advised the same level of service would be provided 6
without the two positions. Councilmember Jablin made a motion to make the following 7
announcement: The City of Palm Beach Gardens is proposing to adopt the final millage rate 8
of 5.254 mils, 5.l05 mils operating and .149 mils debt, which is less than the roll back rate of 9
5.3737 mils by 5.0003%. Vice Mayor Levy seconded the motion. Councilmember Barnett 10
noted this year’s budget process had been very different and asked that going forward the 11
process be more open, and expressed her opinion there were portions of the budget that 12
should be set by policy, such as balancing salary positions and losing Police and Fire 13
positions. Mayor Russo expressed disappointment that Councilmember Barnett did not 14
believe the process had been open. Vice Mayor Levy made a statement indicating that he felt 15
the process was extremely open. Motion carried 4-1 with Councilmember Barnett opposed. 16
Councilmember Jablin made a motion to approve Resolution 105, 2007 adopting a millage 17
rate of 5.2540%. Vice Mayor Levy seconded the motion, which carried 4-1 with 18
Councilmember Barnett opposed. 19
Ordinance 22, 2007 – (2nd reading and adoption) Adopting Fiscal Year 2007/2008 Budget. 20
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a 21
budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 22
2007, and ending September 30, 2008; and providing an effective date. The City Clerk read 23
Ordinance 22, 2007 on second reading by title only. Councilmember Jablin moved that 24
Ordinance 22, 2007 be placed on second reading and adopted. Vice Mayor Levy seconded 25
the motion, which carried by 4-1 vote with Councilmember opposed. 26
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: 27
Councilmember Barnett thanked Timber Trace Elementary School for allowing her to speak 28
to them and to see what was going on in the school system. Vice Mayor Levy reported that 29
he had attended the first Workforce Alliance meeting, had been elected Vice Chairman, and 30
advised the actions taken at that meeting. Vice Mayor Levy reported that he had attended the 31
Recreation Advisory Board meeting and advised that the PGA National Park would be going 32
before the Planning Zoning and Appeals Board. Vice Mayor Levy announced that the board 33
had unanimously passed a Resolution endorsing naming the Plant Drive softball field after 34
Amanda Buckley, which he supported and asked for the Council’s support. Vice Mayor 35
Levy made a motion to name the Plant Drive softball field after Amanda Buckley. 36
Councilmember Jablin seconded the motion, which carried by unanimous 5-0 vote. 37
Councilmember Valeche commended the Budget Oversight Committee for their work, and 38
Martin Kohn, who was resigning as a member of that Committee. Councilmember Valeche 39
encouraged anyone interested in the budget to fill that vacancy. Councilmember Jablin 40
reported that he attended Prosperity Oaks Grandparents Day and the Chamber of Commerce 41
Breakfast which was Casey Steinbacher’s last day as Executive Director after seven years of 42
service. Mayor Russo reported that all of the Council had attended the PGA Corridor 43
Economic Update and found that the future economic outlook was not as good as in the past 44
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
3
because of the construction industry slowdown. Mayor Russo advised that he and 1
Councilmember Jablin had attended the ribbon cutting at Way School for tennis players. The 2
Mayor announced November 28, 2007 for a Town Hall meeting and reviewed the subjects to 3
be discussed. 4
CITY MANAGER REPORT: 5
Update on the Voluntary Employee Benefit Association Plan (VEBA) - Allan Owens, 6
Finance Administrator, explained that this was a request to provide a subsidy for Fire and 7
Police retirees to help offset a portion of their cost for medical insurance, with proposed 8
funding to be 1% of Fire and Police scheduled salary increases next year. Benefits and 9
impacts were reviewed. Staff was directed to go forward with this, working with the unions. 10
Recognition of Dolores Key – City Manager Ferris recognized the work done by Dolores 11
Key in Economic Development during the past five years, and wished her well in her new 12
endeavors. 13
CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda. Vice 14
Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 15
a. Resolution 97, 2007 - Additional Right of Way. A Resolution of the City 16
Council of the City of Palm Beach Gardens, Florida authorizing the Mayor 17
and City Clerk to execute a Quit-Claim Deed in favor of Palm Beach County 18
for the transfer of an additional right-of-way for a turn lane at RCA 19
Boulevard and Alternate A1A from the City to the County; and providing an 20
effective date. 21
b. Resolution 104, 2007 - Burns Road Railroad Crossing. A Resolution of the 22
City Council of the City of Palm Beach Gardens, Florida approving the 23
rehabilitation and improvements of the Burns Road railroad crossing by the 24
Florida East Coast Railway, LLC in an amount not to exceed $100,048.00; 25
and providing an effective date. 26
PUBLIC HEARINGS: 27
Part I – Quasi-judicial - Mayor Russo announced the procedures that would be followed in 28
all of tonight’s quasi-judicial cases. The City Clerk swore in all those intending to offer 29
testimony in any of tonight’s cases. 30
Resolution 93, 2007 - Site plan amendment at the BallenIsles Planned Community 31
Development (PCD). A Resolution of the City Council of the City of Palm Beach Gardens, 32
Florida amending site plan of the clubhouse facility at BallenIsles Planned Community 33
Development (PCD) to allow for a 12,370-square-foot expansion to the existing clubhouse; 34
replacing the existing 15,652-square-foot tennis/fitness building with a 54,142-square-foot 35
sports complex building; 264 additional golf cart parking spaces; a net increase of 37 vehicle 36
parking spaces; associated site and landscape plan modifications located at the Southeast 37
corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein; 38
providing conditions of approval; providing waivers; and providing an effective date. The 39
City Clerk read Resolution 93, 2007 by title only. The City Attorney advised that Mayor 40
Russo could abstain since he was a resident of BallenIsles and a member of the club; Mayor 41
Russo announced he would abstain each time on this matter. The gavel was passed to Vice 42
Mayor Levy, who called for ex-parte communication. Councilmember Levy reported he had 43
met with Mr. Hearing and several members of the club; Councilmember Jablin reported he 44
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
4
had met with Brad Wiseman, representing staff, and several members of the club as well. 1
Vice Mayor Levy reported he had met with Mr. Hearing, two residents and the Director of 2
the club; a staff member had also been present. Donaldson Hearing spoke on behalf of 3
BallenIsles Country Club. There were no comments from the public. Councilmember Jablin 4
moved approval of Resolution 93, 2007. Councilmember Barnett seconded the motion, 5
which carried by unanimous 4-0 vote. Mayor Russo re-joined the Council. 6
Resolution 94, 2007 – Gardens Station West Signage Waiver. A Resolution of the City 7
Council of the City of Palm Beach Gardens, Florida amending the Master Sign Program for 8
the Gardens Station Planned Unit Development (PUD), generally bounded by the RCA 9
Center PUD to the North, Loehmann’s Plaza to the West, the Hilda Flack Interiors and 10
Hampton Inn Properties to the South, and the FEC railroad tracks to the East, as more 11
particularly described herein; providing a waiver; providing conditions of approval; and 12
providing an effective date. The City Clerk read Resolution 94, 2007 by title only. Mayor 13
Russo declared the public hearing open. No ex-parte communication was reported. A 14
representative of Cotleur and Hearing presented the project. There was no public comment. 15
Councilmember Jablin moved approval of Resolution 94, 2007. Vice Mayor Levy seconded 16
the motion, which carried by unanimous 5-0 vote. 17
Resolution 101, 2007 - Turtle Beach Bank Plat. A Resolution of the City Council of the City 18
of Palm Beach Gardens, Florida approving the Turtle Beach Bank plat; and providing an 19
effective date. The City Clerk read Resolution 101, 2007 by title only. Mayor Russo declared 20
the public hearing open. No ex-parte communication was reported. Hearing no comments 21
from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin 22
moved approval of Resolution 101, 2007. Vice Mayor Levy seconded the motion, which 23
carried by unanimous 5-0 vote. 24
Part II – Non-Quasi-judicial 25
Ordinance 23, 2007 – (2nd reading and adoption) Amending the Fiscal Year 2006/2007 26
Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 27
amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1, 28
2006 and ending September 30, 2007, inclusive; and providing an effective date. The City 29
Clerk read Ordinance 23, 2007 by title only on second reading. Mayor Russo declared the 30
public hearing open. Hearing no comments from the public, Mayor Russo declared the 31
public hearing closed. Councilmember Jablin moved adoption of Resolution Ordinance 23, 32
2007 on second reading. Vice Mayor Levy seconded the motion, which carried by 33
unanimous 5-0 vote. 34
RESOLUTIONS: 35
Resolution 99, 2007 - Property Insurance Renewal. A Resolution of the City Council of the 36
City of Palm Beach Gardens, Florida to purchase insurance policies for a Property and 37
Casualty Insurance Program from Preferred Governmental Insurance Trust; authorizing the 38
Mayor and City Clerk to execute the contract; and providing an effective date. Allan Owens, 39
Finance Administrator, presented the staff report. Insurance consultant Sid Webber answered 40
questions from the City Council. Councilmember Jablin moved approval of Resolution 99, 41
2007. Vice Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 42
Resolution 102, 2007 -- Agreement with the Police Benevolent Association for Police 43
Officers, Sergeants and Communication Operators. A Resolution of the City Council of the 44
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
5
City of Palm Beach Gardens, Florida approving and ratifying an agreement with the Police 1
Benevolent Association for Police Officers, Sergeants, and Communications Operators 2
employed by the City’s Police Department for fiscal years 2007-2008, 2008-2009, and 2009-3
2010; authorizing the Mayor, City Manager, and City Clerk to execute said agreement; and 4
providing an effective date. 5
Resolution 108, 2007 - Agreement with the Police Benevolent Association for Lieutenants. 6
A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and 7
ratifying an agreement with the Police Benevolent Association for Police Lieutenants 8
employed by the City’s Police Department for fiscal years 2007-2008, 2008-2009, and 2009-9
2010; authorizing the Mayor, City Manager, and City Clerk to execute said agreement; and 10
providing an effective date. Sheryl Stewart, Human Resources Administrator, presented 11
Resolution 102, 2007 and Resolution 108, 2007. Councilmember Jablin moved approval of 12
Resolution 102, 2007. Vice Mayor Levy seconded the motion, which carried by unanimous 13
5-0 vote. Councilmember Jablin moved approval of Resolution 108, 2007. Vice Mayor Levy 14
seconded the motion, which carried by unanimous 5-0 vote. Bob Odell, Palm Beach County 15
Police Benevolent Association, thanked those involved in these agreements. 16
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CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/19/07
6
ADJOURNMENT 1
2
There being no further business to discuss, the meeting was adjourned at 9:40 p.m. 3
4
5
APPROVAL: ____________________________________ 6
MAYOR RUSSO 7
8
9
____________________________________ 10
VICE MAYOR LEVY 11
12
13
____________________________________ 14
COUNCILMEMBER JABLIN 15
16
17
____________________________________ 18
COUNCILMEMBER VALECHE 19
20
21
____________________________________ 22
COUNCILMEMBER BARNETT 23
24
ATTEST: 25
26
27
____________________________________ 28
PATRICIA SNIDER, CMC 29
CITY CLERK 30
31
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not 32
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the 33
City Clerk. All referenced attachments are on file in the City Clerk’s office. 34
35
36
37
38
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 19,2007
Meeting Date: November 15,2007
Resolution 121,2007
SubjecUAgenda Item: To approve a software license and use agreement with MCCi
for the Lasetfiche Document Imaging System.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney 4
Submitted by:
Department
Administrator
Approved by:
lriginating Dept.:
datt Doherty
;oftware,4ys tem s __.. ~
Iric Holdt
nformation Technology
4dministrator
4dvertised: NIA
Date:
'aper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
Zosts:$71,562.00
(Total)
Zosts: $71,562.00
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
001.0220.51 2.31 50
($1 7,000)
001.0220.51 2.6450
($47,000)
001.0220.512.4650
($7,000)
Zouncil Action:
] Approved
, 1 Approved wl
:onditions
: ] Continued to:
Attachments:
Resolution 121, 2007
0 Exhibit A: MCCi
0 Exhibit B: PCI Letter
0 Exhibit C: Letters of
Reference
0 Exhibit D: FLGISA
Survey
Exhibit E: State of
Florida Contract
(Excerpt) m73-561-
quote
06-bl1
[ ]None
Date Prepared: October 19,2007
Meeting Date: November 15, 2007
Resolution 121 , 2007
BACKGROUND: In Spring 2007, the City of Palm Beach Gardens created a Document
Imaging Steering Committee to assess the functionality of the current document
imaging system in place at the City. A document imaging system stores scanned
documents, which are then indexed and made searchable for easy retrieval for
authorized users. The City has been utilizing the FileNet software since 1999. During
the last eight years of use, the City has identified that this specific software is truly
designed to facilitate large-scale, multi-national corporations. City staff has identified
functional gaps in the software that require unanticipated manpower and capital
expenditures to meet the current technological requirements the City has established in
the City’s Five-year IT Strategic Plan. In addition to the functional gaps, the annual
support costs associated with maintaining FileNet will increase to a minimum of $1 0,000
per year starting in FY 2008. FileNet does offer customization and integration features
that the City would require continuing to use this software, but charges for these
services on a case by case basis.
Over the past nine months, the Committee has evaluated several document imaging
software systems to determine which product would provide the best solution to the
aforementioned functional gaps. Site visits were held with various municipalities to
review the systems currently in place. The Committee gave precedent to products that
were customizable or already integrated with the City’s backbone software package, the
EDEN system. Information provided by a Florida Local Government Information
Systems Association (FLGISA) survey was analyzed related to document imaging
software packages that were being utilized throughout the state. Of those municipalities
responding to the survey, nearly fifty percent were using a software package called
Laserfiche. Laserfiche software solutions are designed to help state and local
government meet the challenges of providing a digital environment that minimizes the
reliance on paper-based processes. Documents and records are secure yet available
for quick access to authorized staff. Laserfiche offers a user-friendly interface, and a
seamless integration with the EDEN system.
The cost of the Laserfiche system is $47,200, with a recurring annual cost of $7,000 for
maintenance and support. There is also a one-time fee of $17,362 for the conversion of
the current FileNet data. There are no other anticipated costs associated with this
system. MCCi, a subsidiary of Municipal Code Corporation, is a teaming partner with
State Term Contractor Paul Consulting Inc. (PCI), who handles financial transactions
under state contract #973-561-06-1. PCI will only be handling financial transactions.
MCCi will be responsible for handling all services and support as outlined in their
contract with the City.
At this time, the City would like to move forward with the new document imaging system
from Laserfiche. Once approved, the implementation would begin January 2008 and
would take approximately three to five years before being fully implemented throughout
the City, including relevant historical data.
STAFF RECOMMENDATION: Approve Resolution 121 , 2007, approving a software
license and use agreement with MCCi for the Laserfiche Document Imaging System as
presented.
Date Prepared: October 19,2007
Meeting Date: November 15, 2007
Resolution 121, 2007
EXHIBIT B
PCI Letter
Vlsual & Web Interface Prograrnmlng
@AUl aons’urtitta:
October 15,2007
Mr. Eric Holdt
Information Technology Administrator
10500 North Military Trail
Palm Beach Gardens, FL 33410
Dear Mr. Holdt:
MCCi is a teaming partner with State Term Contractor Paul Consulting Inc (PCI), who handles
financial transactions under the state contract #973-561-06-1. Therefore, the following contract
will be invoiced by PCI and all payments should be made directly to:
Paul Consulting Inc.
c/of Kimberly Shirley - Financial Administrator
2541 Barrington Circle Suite 2
Tallahassee, FL 32308.
PCI will only be handling financial transactions. MCCi will be responsible for providing all
services and support as outlined in their contract with you.
Thank you for your time.
Sincerely,
Marc F. Paul \
CEO
2541 Barrington Circle, Suite 2, Tallahassee, Florida 32308 Phone: (850) 523-9626
www.paulconsulting.com f*
1 J - 1 6 -12 7 A 1 0 : 0 3 R C J D
Date Prepared: October 19, 2007
Meeting Date: November 15, 2007
Resolution 121, 2007
EXHIBIT C
Letters of Reference
Govet-nment Cente c
19200 West Country Club Drive
Aventura, Florida 33180
October 11,2007
RE: City of Aventura Experience with LaserFiche and Mcci
To Whom It May Concern:
-
ERIC M. SOROM, ICMA-CM
Crm MANAGER
The City of Aventura has used the LaserFiche document imaging system since early 2002.
We have worked exclusively with Mcci on this project and are very satisfied with the results
we have achieved together.
The LaserFiche system is easy to use and can be configured to meet department-specific
data requirements. Users of the system can easily search for documents.
The Mcci technical support staff has always been readily available whenever we have a
technical question and have assisted us with system upgrades through the years.
Overall, the City of Aventura is very satisfied with the LaserFiche application and with Mcci’s
support of the product.
Sincerely,
Karecl-fian ke
Information Technology Director
City of Aventura
PHONE: 305-466-8900 F.bY: 705-466-8939
www.~ityoCavciitura.com
~NTER HAVEN
me Chah of Lakes City
October 9,2007
TO WHOM IT MAY CONCERN:
It is with pleasure that I recommend Laserfiche as well as MCCi.
The City of Winter Haven purchased Laserfiche Document Imaging System through MCCi in
2001 and found it to be even more useful than imagined. We upgraded to the Laserfiche
Records Management System with which, in addition to document imaging, enables us to keep
track of record series, item numbers and document retention as recommended by the State of
Florida General Record Schedules.
We continue to be impressed that Laserfiche strongly encourages input, feedback and
suggestions from cities, city clerks and records managers --- to which they listen and act and
apply to upgrades - providing what its clients want and need. Laserfiche has continued to
enhance their system, adding many more opportunities for escalating our management ability
and service to internal and external customers. The MCCi support group for Laserfiche is
most knowledgeable, friendly and eager to assist with any question or procedure. MCCi gives
that special treatment and goes that extra mile for its clients.
The City of Winter Haven chose Laserfiche not only for its ease of use and security but for its
versatility. It was quickly realized the system can be utilized for so much more than just “filing”
and research. We currently have 14 departmentfdivision scanners enjoying the system with
plans to add every departmenUdivision to the system.
As City of Winter Haven Records Management Division Director and Laserfiche user and
administrator, I give Laserfiche and MCCi my strong professional endorsement and truly
believe they will be a valuable asset.
Tkchnology Services
Sarah Lee Shumate, CMC
Records Management Division Director
CITY OF HOLLYWOOD, FLORIDA
2600 HOLLYWOOD BLVD. - P. 0. Box 229045 ZIP 33022-9045
October 11,2007
Dear Sir or Madam:
The City of Hollywood has worked closely with MCCi since June of 2005 with the installation
of thc Laserfiche document management system. The Laserfiche project started as a single
department document management system with the intent of growing into a City-wide
repository. Several departments are now using Laserfiche and they are all extremely pleased
with the product. Its features, flexibility, scalability, and low learning curve make it an easy
choice for departments interested in using a document management system.
The City of Hollywood also receives excellent support from all of the staff at MCCi. The MCCi
staff are knowledgeable, personable and are very pleasing to work with. They truly want to work
for your agency and maintain a "Whatever it takes" attitude. That goes a long way when you
need assistance with an issue.
Sincerely,
Christophe St. Luce
City of Hollywood
Department of Information Technology
Senior Systems Analyst
(954) 92 1-33 13
"An Equal Opportunity and Service Provider Agency"
www.hollywoodf1 .org
7
Date Prepared: October 19,2007
Meeting Date: November 15,2007
Resolution 121, 2007
EXHIBIT D
22541 1 4 1 3 2 12 1 2 11
53 Survey Population 42% 9% 8% 2% 2% 8% 2% 5.66% 3.77% 2% 4% 1.89% 3.77% 2% 2%
Percent of
100% population
Percent of
48% LaserFiche users
Vendor
based upon the number of respondants who indicated what software they were using (see 2004 Data)
100% distribution
Source Data: 42% 9% 8% 8% 6.0% 4.00% 4.00% 4.00% 15%
FLGISA Distribution of Imaging Vendors
April 2004
L
L
9 others at < 2% each
MCCi = 42%
Note: LaserFiche
Software = 48%
DM R&S
11
2% 2%
Date Prepared: October 19, 2007
Resolution 121, 2007
1
2 approved vendors)
3
EXHIBIT E - Excerpt of State Contract #973-561-06-b11 (listing of
7
CERTIFICATION OF CONTRACT
TITLE: Information Technology Consulting Services
CONTRACT NO.: 973-561-06-1
ITN NO.: 20-973-561-5
EFFECTIVE: June 2 1,2006 through June 20,2009
SUPERSEDES: 973-561-04-2
CONTRACTOR( S):
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23
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25
26
27
28
29
12
13
74
75
76
77
78
79
80
81
82
Dye Management Group, Inc.
Dyntek Services, Inc.
Eagle Business Solutions, Llc
Earthdata International Of Maryland, LLC
Effervo Technologies Inc
Egov Consulting Services Llc
Electronic Data Systems
Electronic Training Solutions, Inc.
EMA. Inc.
83 EMC Corporation
84
85 ENSCorp
Employer Management Solutions, Inc. (EMS) (M)
86
87
88
89
90
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92
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117
Enterprise 24x7 Inc.
Enterprise Technoloqy Partners, LLC (H)
Environmental Systems Research Institute, Inc.
ERP Staffinq Solutions Ltd.
Eventus Group Technology Consulting, Llc
Everest Solutions, LLC (A)
Extensys, Inc.
Faircloth Information Technology Systems, Inc.
Faulkenberry Consultinq Group, Llc
First Data Government Solutions
Five Points Technology Group
Florida Information Technology Centers Of Excellence
Focused Enerqy
Fox Systems, Inc.
GDKN Corporation
Gebbs Software International, Inc.
Geoanalytics, Inc.
Geodecisions, A Division Of Gannett Fleminq, Inc.
Global Information Services, Inc. (I) I Has, Inc.
14
118
119
120
121
122
123
124
Information Systems Consultants
Information Systems Of Florida
Innovation Group, The
Insight Public Sector, Inc.
Inspired Technoloqies Of North Florida, Inc.
Inteqrated Computer Solutions
Integrated Technology Company, LLC
125
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160 Nicomp International, Inc.
161 North Highland Company, The
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16
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209
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21 1
21 2
21 3
214
21 5
21 6
21 7
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RESOLUTION 121,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SOFTWARE
LICENSE AND USE AGREEMENT BETWEEN THE CITY OF PALM
BEACH GARDENS AND MCCi, A SUBSIDIARY OF MUNICIPAL
CODE CORPORATION, FOR THE LASERFICHE DOCUMENT
IMAGING SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens created a Document Imaging
Steering Committee to assess the functionality of the current document imaging system
in place at the City; and
WHEREAS, the Steering Committee recommends using a software package
called Laserfiche, which is designed to help state and local governments meet the
challenges of providing a digital environment that minimizes the reliance on paper-
based processes; and
WHEREAS, the City of Palm Beach Gardens and MCCi wish to enter into an
Agreement for document imaging services; and
WHEREAS, such Agreement has been prepared and is attached hereto; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby accepts and approves the Software
License and Use Agreement with MCCi, and hereby authorizes the Mayor and City
Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: October 19, 2007
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46 47
Date Prepared: October 19,2007
Resolution 121, 2007
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
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
COUNCILMEMBER
COUNCILMEMBER
JABLIN
VALECHE
BARN ETT
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\laserfiche agreement - reso 121 2007.doc
2
Date Prepared: October 19, 2007
Meeting Date: November 15,2007
Resolution 121, 2007
EXHIBIT A
MCCi Quote
Executive Summary
Laserfiche has been a resource for over 21,000 organizations since 1987. Laserfiche creates elegant document
management solutions that help organizations run smarter. Dedication to customer-driven innovations has built a
suite of products and services that address organization-wide business problems from executive, records
management, and information technology and end-user perspectives.
Laserfiche is a unified solution that manages all your organization’s documents and records, regardless of location
or media. Laserfiche strikes a balance between security and accessibility, protecting information while providing
efficient access to keep staff working at maximum productivity. Please keep in mind the following competitive
advantages of Laserfiche:
k Digital Archiving- Digital archiving is the storage of paper and electronic documents in accessible
electronic media with long-term preservation capability. It is cost effective because it saves physical
storage space and it cuts media maintenance costs. Original documents can be stored off-site or destroyed
as necessary. This simplifies the disaster recovery process by allowing you to backup documents on
digital media and stores them off-site.
9 Comprehensive Security- Laserfiche Comprehensive Security allows you to control the security of your
documents on many levels. You determine what functions, such as scanning and printing, each staff
member may use. Security features are easy to administer, records managers can administer most
security functions without IT staff assistance.
k User Friendly- Lasefiche is very easy to learn and use. It has a folder tree structure similar to Windows
Explorer to make it easy to use. Your office can begin to scan and retrieve documents almost
immediately after installation.
9 Intelligent Search- LaserFiche lets you search your documents based upon full-text search, index search,
and document and folder name searches. The Laserfiche full-text search unlocks the contents of your
documents; if you need to find a word or phrase within a document, the full-text search retrieves it
immediately. There is not any other imaging software that allows you this many searching possibilitics.
k Web Access- Laserfiche allows you to publish your documents on the web with our WebLink software.
You decide which documents you wanted published and WebLink publishes them on the web without
having to use HTML programming. Users can then search the site to find the information they need using
the Intelligent Search feature.
k Integration- Laserfiche is able to intcgrate with current software and hardware on existing systems.
k Service- Lasertiche understands the importance of a thorough support service. From technical help to the
latest document imaging news, Laserfiche is dedicated to forming a lasting, complete service relationship.
Should you need technical assistance; a qualified professional will be available to help you.
LASERFICHE SOFTWARE
QUOTATION SHEET
"Please check all boxes below for options desired.
SOFTWARE
LF Standard Server Software *requires MS SQL
10 LF Full User ($550 each)
20 LF Retrieval User ($220 each)
10 LF User Snapshot ($100 each) *imports docurnmtsfrom computer E 20 LF User E-Mail Plug In ($80 each) *requires MAP/ comparible e-mail
2 LF Quick Fields ($495 each)
2 LF Zone OCR ($2,495 each)
3 LF Scanconnect (required for each scanner purchasedutilized @ $165 each)
1 LF Import Agent
LF Weblink
Total Software
ANNUAL SOFTWARE SUPPORT a LF Standard Server LSAP u 10 LF Full User LSAP ($I 10 each)
20 LF Retrieval User LSAP ($44 each)
10 LF User Snapshot LSAP ($20 each) *imports documents from computer
20 LF User E-Mail Plug In LSAP ($16 each) *requires MAPI compatible e-mail
2 LF Quick Fields LSAP ($100 each)
2 LF Zone OCR LSAP ($500 each) a 1 LF Import Agent LSAP
I LF Weblink LSAP
Total Software Support and Updates
For budgetary purposes, the Client should include this amount in annual budget for renewal of LSAP
of the above quoted softwnre.
DISTRIBUTION PLUG IN SOFTWARE & SUPPORT
LF Plus Plug In Software (publish CD's)
Fl LF PIUS Plug In Software LSAP
Total
INSTALLATION, TRAINING & SUPPORT SERVICE
$6,600
$5,500
$4,400
$1,000
$1,600
$990
$4,990
$495
$1,495
$7,995
$35,065
$1,320
$1,100
$880
$200
$320
$200
$1,000
$390
$1,590
$7,000
$3,795
$1,590
$5,385
3 days, Installation & Training of software @ $1,500 per day, travel expenses included $4,500
Note: Any installation and training hours not used in the implementation will be converted to
PSP hours. All installation and training costs are per day (based on an 8 /lour clay) and per
MCCi Technician.
Shipping and Handling Fee for LaserFiche Software
"Travel expenses not included for onsite visits.
$50
20 hours, Professional Services Package 63 $1 10 per hour $2,200
PAYMENT & BILLING TERMS
MCCi is a teaming partner with state contractor PCI, who handles all financial transactions under the state
contract. Therefore, invoicing will be completed by PCI and all payments should be made directly to PCI at
2541 Barrington Circle Suite 2 Tallahassee, FL 32308. PCI will invoice fifty percent (50%) of the total contract
amount upon receipt of signed contract. Balance will be invoiced and billed upon completion of installation.
Payment will be due upon receipt of an invoice. Please keep in mind that PCI will only be handling financial
transactions and MCCi will be responsible for providing all services and support as outlined in the contract. For
additional information, please contact Donny Barstow, MCCi President.
Total Cost for Laserfiche Systern/lnstallation/Training/Support Services $54,200
MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly
organized and existing under the laws of the State of Florida, hcreinafter referred to as MCCi, hereby offers to
provide Electronic Data Services to the CITY OF PALM BEACH GARDENS, FLORIDA, a corporation duly
organized and existing under state law, hereinafter referred to as the Client, according to the following terms and
conditions.
ELECTRONIC DATA CONVERSION
MCCi will convert the Client’s electronic data and provide the Client with the converted data on
CD/DVD/Removable hard drive in the desircd format according to the specifications listed below.
SCOPE OF SERVICES
The Client currently has approximately 40 GB of data stored as tiff images in a FileNet system which operates on
SQL database engine as the backend. This data contains PDF files, which the Client would like to have converted
to tif images, OCR’d, indexed and integrated into their new Laserfiche system.
Copy of data. The Client will provide MCCi with a copy of all data to be converted on an external hard
drive. This will provide easier transportation of the information and eliminate the need to send the original
CD-ROM media for conversion.
Conversion. MCCi will extract the images contained on the hard drive and convert them to the desired
format requested by the Client as stated above. The images and the document classes (i.e. the index data) will
be preserved in the exact manner as in the current system. If manual image naming or indexing is required
the Client will be charged according to the costs outlined below.
Indexing. If indexing is desired and not currently contained within the electronic data converted, the Client is
required to provide MCCi with a database of indexing information which would be used to auto populate
template fields.
OCR. MCCi will conduct Optical Character Recognition (OCR) processing if required and set out in the
scope of services. OCR accuracy is dependent upon existing image quality.
Data Capture and Quality Control. MCCi is not responsible for the accuracy of existing indexing data and
image quality, such as errors on the media, image file corruption, data file corruption or othcr errors that are
not controllable by MCCi. MCCi will report any files that cannot be converted to the Client due to these
circumstances.
Point of Contact. MCCi requires the Client to make accessible one point of contact to MCCi for all decision
making. This person is responsible for obtaining all approvals on behalf of the Client in regards to
formatting, accuracy of data, template fields, file structure, output format, etc.
PROJECT SAMPLING AND EVALUATION TESTING
MCCi will conduct a samplc tcsting which is intended to resolve various conversion questions, confirm and
ensure a mutual understanding of the conversion project requirements and expectations. Work under this contract
shall begin after completion and sign off of sample testing by the Client. Please read and acknowledge the
sample-testing summary sign off sheet.
YKOJECT TIMELINE
Timeframes listed below are dependent upon date of receipt of material and project sampling acceptance. Time
lost to decision making on the Clients behalf may extend the final delivery timeframe. If additional time is
required the Client will be notified accordingly.
a. Receipt of electronic data:
b. Data review and sample testing:
c. Sample mock up and sign off
d. Conversion process:
e. Creation of Laserfiche Volumes:
f. Final product delivery:
Day 1
Day 2-10
Day 12-18
Day 19-24
Day 25-30
Complete by Day 45
DELIVERABLES
MCCi will provide the Client with their converted data on CD/DVD/cxternal hard drive as a Laserfiche
briefcase/publication that can be easily attached to the Client’s existing Lasefiche system.
The following items will be delivered to the client:
0
0
0
The original copy of electronic data from the existing system
Completed Laserfiche volumes, containing the converted images and indexes.
Data provided on CD/DVD/external hard drive.
PROJECT PRICING
Based on the estimates provided by the Client and is dependent upon final sumple testing.
Section I: Base Conversion Costs
Convert up to 40GB of FileNet Data to Laserfiche.
Converted data will retain current FileNet indexing and will be OCRed in Laserfiche.
Data in excess of 40GB will be subject to additional charges.
$17,362.00
PAYMENT & BILLING TERMS
MCCi is a teaming partner with state contractor PCI, who handles all financial transactions under the state
contract. Therefore, invoicing will be completed by PCI and all payments should be made directly to PCI at
2541 Barrington Circle Suite 2 Tallahassee, FL 32308. PCI will invoice fifty percent (50%) of the total contract
amount upon receipt of signed contract. Balance will be invoiced and billed upon completion of installation.
Payment will be due upon receipt of an invoice. Please keep in mind that PCI will only be handling financial
transactions and MCCi will be responsible for providing all services and support as outlined in the contract. For
additional information, please contact Donny Barstow, MCCi President.
Project Costs Summary
Laserfiche System/Installation/Training/Support Services
FileNet Conversion
Total
$54,200
$17,362
$71,562
The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date
appearing below, unless accepted by the Client.
Submittcd by:
Date:
By:
Witness:
Noted Items Accepted by:
Date:
MCCi, a Limitcd Liability Company
Paul Consulting, Inc.
October 15,2007 I
(Signature)
t@qCAG c '-y ' -p<?L&\' c: F i:)
(Printed Name & Title)
CITY OF PALM BEACH GARDENS, FLORIDA
By:
(Signature)
(Printed Name & Title)
Witness:
(Signature)
(Printed Name & Title)
MCCi, a Liaited Liability Conipdny and subsidiary (if MUNICIPAL CODE CORPOIUTIOK. whbh IS duly
irrginizcd ad existing under the laws oi tk State of Florida. hereinafter reierrd to as MCCi, hereby offers the
Liseriiche Soltware dr Services to the City oi PALM REACH GARDENS. FLORIDA. a corpnration duly
nrganued and eaisling under stale law. Ilereinaitu referred to as the Client. according to the tiillowing terms and
conditions.
WlCHE SOFTWARE & HARD WARE
1,ASERFICIIE SOFTWARE. MCCi will provide tk Client wiih a iuII-featured version (if the 1;aserfiche (LF)
Sof~wa~r. This suliwail: is a records repository allowing worap. ietrieval and imaging uf all documents. Capabilities
include ai1 intuitive browse window. index cards. full-text indexiiig. keywunl leniplate search. furzy word search. and
virtually unlimited iohlers. giving users access to any document instantly. Laxrfwhe provides a truly concurrent
licensing structure. Instead of purchasing a license for every camputer with LaserfKhe installed. licenses can be
purchased to suit the weds of the number nf pniple eiilerpri.se-wide that will use Laserfiche. 'The iiumber of IicenseS
purcirilad equals the iiuinber ofcoicurrent usen of Laszrkhe. For exmiple the 12 Retrieval uws could be inslalted
on 20 different PCs but only 12 of them could access the system simultaneously.
LASERFICHE TEAM: Our entry-level prnduct line IS bundled with MSUE. Lpscriichc Tcam comes with (IIE
database. which hokls up to a million pages anr) can support up to five lull ;ind ten ietrieval users. Like United.
users and databases can be addcd in increments of one.
LASERFICHE UNITED Our premiere suite of prcnlirts. Lwrfick United will support MSSQL databases
(engine nor included). You can start with onr datahase and upgrade to an entcrpriic version with iip to IS
databases. You can add lull users, retrieval users and databuses in increments of one.
LASERFICHE RECORDS MANAGEMENT EDITION: The Lawtiche Rsords Management Edition is a
spectdl package that includes Lasettiche 7.0. Advaiiced Audit Trail and the Records Management Module. It
coinplies with the Mpanmenl of Defense wnt'ds manugement standard (DoD 5015.2). 'The UoU 5015 2 standard
was crcalcd as a best-pracltm guide for records management within depanmnls in the lkpanmcnr of Defense
And has since been endorsed by tlle United States Ndliondl Archives & Records Administration (NARA). Tlle
Lwrfrhe Rmrds Mannpemiit Edition was designed and kevekiped around LIE sraiidard and IS a turnkey
rolution fir managing imaged. clcctirinic and physical words. The Rsonls Managenlent Edition is tully
intrgrxtal wirhiii tlu Lnxrtiche mteriace. presenting a uniform Inuk ad feel 10 all users and hiinpliiying the
adherence 11) fnml records management practices within a subset ofa Lascrfiihe repository.
EXECUTIVE: Executive IS designed to be a standalone version of the full Lasertiche ClienUServer. so it otfers
the full iuluttonaliiy of the Client for one licensed uw. That user can .scan ad OCR. cteate as nuiiy vulunia as
necessary. and stote as many pages as MSDE allows.
DESKTOP: Desktop is our standalone snliitm for mall organtiations or persons with limired needs. Thus. 11
allows ime user to credte only a single volume with .I limit ui 16.o(Xl pages, and cannot suppon any additmnal
Lnseriiclr moduler.
NOTEBOOK Nutebiwk is a slandiiloir that is nieiint to siippleinenl another Liserfiche ClienflSeiver system by
allowing workers outside Ihe mnin oiise. such as public service workers out "in the field." to access docuinenrs
without a connection to the main I avrfick Server hy Inking a piiiim ofthe repository with them on a laptop
computer. As such. Nntebook can allow one user to store as inaoy volumes and pages as MSDE and the
computer's hardware will allow. bot it does iiot include tir ciipnbility to %an iitid OCR. Documents are, iiiNmd,
impoited into Notebook from the main system as brieicas or vnlumes system alieady OCRed ad indexed.
SrRndsbneo:
LASEHFlCllE PLUG INS, UTUITIS & 'TOOLS MCCi cnn prnvide additioiial Laserliche Plug-iia Utililies. &
Tools software. Laset fiche offcis a .selection of add-ons and devebpment toois designed to bt you tailor L;isciticlie
tn ineet your needs
(:anturn Pluc Ins:
Lnserrche Import Agent"' automates document importing and document management within Laserfiche.
partdaily well-suited to wok k with multi-function periphcralr
Laserfiche ScanCunnectT" Lasertiche ScaiConiwt aliiiws lSlS scanning. A collection of lSlS ssiiler drivers is
included with Laserliche ScanConncct. These drivers allow images to bc Scanned through suppried scanners
ScnnConnect 7 x IS can be purchased as an add-on to kith Lawrliche scannmg and Quck Fields.
Lusertlche Snapshot"' Lasertiche Snapshot can generate images and texl imm an electronic lite (e.+. a Word
document. a web page. a lex1 editor. ctc.). .The tiles generaled by Lasertiche Snapshot capture the conleiit of the
ekctronic tile at the time that it was prwcssed. in other woitis. they represcot an accurate portrayal of an
electrnnic tile at a given point in time. The images and text created irom an electronic lile are tkn stored in a
Laserfiche reposiairy. AS you can see. Lasertiche Snapshot can be used us a tixbl to aichive P particular versinn of
,111 electronic lile. hertiche Saapshot can prwcss any elwuunt lile that cdn be opeiled with a Windows
iipplicatbn thut has printing capabilities.
Distrihiition Pluc In1
LnserLhe WebLlnkm The WebLink iniiduk publishes select documens in a Laserlkhe lepasiiory 111 an
intrarct or the Internet in read-only iori. Documents c.vl be made availabb through the Web almost insldntly.
and users need unly an Internet bruwsu in nrder Io access them. Built 1117 ASP .NET. WebLink ran k ciruomired
to match the bok and feel of an organization's Internet or intrailer site.
LPserSchc WebAceev Laserlick Web Amess is a Web browser-baed thin client offering vinilally all of the
dww?m inandgenient capabilities of the staiddrd I.a%ertkhe interface. Web Access ulluws your IT staff to roll
nut high-volume Lasertiche access without increasing your organization's application suppn burden. Authorized
users nrpnimtinn-wide enjoy simultanenus i~ccss 10 ducuments. wkthu they are using the corputate miranel or
logging iii imm a branch ottlce.
Lluedche Plus"' Laserlkk Plus alktws the information stured in a Lasertiche rewsilory to be pmrble.
Law fiche documcn~s published by Laserticlie Pius can be viewed by anybidy. regardlw of whether they have
I.aserfiche instalkd. if these portabk I.a,serticlie documents are mnl to a comptny or site that alleady has
Laserfiche mstalled. then that orgiinizutioii can also choose 10 attnch ihn.w docununts Io iller repository. This
sotlware prepares a ~wpy oi the Laserfihe tiles (images. text. ckctrooic tiles. annoHlfdtions. templates and field
data) for burning directly to your removable Mdia or 10 a temporary directory. Choosing Io publhh to (I
tempirary directory allows you tu write it to ynur ieiiiovable media at your convziiieilce.
1-rlkhe E-MsiI Phg.inT\' allows instant ekctronic docamnent disltibutioii via standard MAPI-compliant e-
mail applications.
Laserlkhe COLI~/COI,D PlusT" archives machine-generdtal repons to digital media. eliminating great
quantities of paper repnr cutting stnrage costs and alk>wing iinmulkiie repon retrieval.
laserfiche Workflow: Etticiency and accoanrahiliry-enhancing docnmem muting. e-mail nntiticnrinn and auilil
trail ieponiiy.
Ia~edrhe Audit Trail Modules: Three levels ni dudit repining to aidirss ymr specific regulatory conipllance
ad security weds.
l.F Audlt Trail - Starttr: This nlitinn tracks who accews data in the rrposilory. as well mc chmge'i innde 111 the
repisltoiy. lkrs can tirii geneme repins un the iiti-cycle ofd~umenls. aid who Ilas acwessd them.
LV Audit 'hi1 - Standard: Sites with a huger amount of aLtivily in tkir repository can u.se Uirc edition 10 .set up
ewbt logs~ng awuidiiig in iinlividual users. This allows a Inxire tiirly grained auditing conliguration lhal tracks
only the drta that ii pansulur custnmr needs. StanJYd icalures ihe tracking oi friled illteniPtS to change content
in tk repository. giving mnrc insight inui iizr iiciivitic-s. All ihe bnctbnalily nf the Stditer Ctiitinn is aiso
included.
LF Audit Tmil - Advanccd. Customers oprating in the nnst demanding rcpulateiy environinenfs timl this
version Ueally suited to their neds. Baides doins everythinp that tlie other two versioiis do. it also trxh
cluingcs in sccurity settings. so lint Only what n uxr 1% looking at or changing i\ tracked. but ah11 &we lliein the
ight in do so. Swrclu\ are aiso trdcked. Fnr addilhn&l dwnmeot security. with this cdila,n uxrs can be required
111 siibmil reasons Inr prii~tuig airl expining dncumeiirs. Adininistratnrs can force priiil~xi documents In have
Wiilcrindikr iipplM io them.
I.apertlche Qukk Ficldr'u ditt~i"ii~~ documeni aoninp "nil inlering tor mhced d,il:i entry cnst\ and ni.muiil
indexing emors. Lmeifwhe Quick Fields is a cnlkcthi nf iiiiuge proccsing rid enhancement tonls wt:ipfxd in
an ekgunt and IIIIUIII~~ interface. We call Quick Fieldc a tlo~mneni capture phtliorm hsiiise 11 IS so inucli mom
tliiin just an oltlinc scanning ton1 &cause Quick Field\ wils deveinpcd rpriticaily for Lwrliclie document
imaging itiitl in;inagenient solutions. it offers ii unique tunciinaality ,set destgned tn simplify :iutmniiied captnre
.SUI chissatratinn of dwunriits. In dddiiniii io wiirkii~g with mn~ prinlwtioii level slaimsrh. Ouick Field!,
-
- -
Workmu& Pmss Automation .
Bnrch Promsing
buppons the Uiiivenrl Cuplure plug-in and include\ a piwerhil ton1 called the Wick Capture Engine. I'he
basic piemire of the Lawfiche Capture Engine is to pmviJe the ability t(1 ''sc;in" docuinents into Quick Fiehis
imm a Laserkhe repository. This lably simple ided is extremely powerful because 11 eliminates Lpndence on
Imditinnal .scannets in order to take advrntage of automated image pmcessing IEhnnlogy. With Quick Fickis. it
(11x1 iiot matter hnw an organirdtion images their docunienu. Tky couW he scanned through a networked
cop~erlsc~iiiner. auliimutic~lly iinpiind irnm a fax Server or convened iron1 an electronic format through
SnapAot. ad Quick Fields will process them as if they were scanned in directly.
Pattern Matching: The Pattern Mdtching add-on looks lor a spified patlern within a user-dctiiicd value. This
process can be used to identify a document. validate &ita. or to save the matching &ita along with a document.
The paitern that will he searched ior is defined by the user thnbogh predetined criteria (regular expressions). A
ieguiar expression looks for a ceitain pattern in a string. If can then use this pattern to look inr a character or a set
of characters.
QF Real-time look up: look lip and extrnct data from a party databam. veriiy values extracted from an itmge
matched values in the 3'd paRy databdse - QF Zone OCR: Images that contain clearly printed or typed uiiormiatton can bc convcned to text tiles thmugh a
prwesr ciilled OCK (Optical Cliuriicter Recognition). Once text has been extiacted tiom an muge. it can be sent
along with ti82 image io tlie repository. Oire the dlrcuiirnt has been imported into the repositury. the extracted
teat will be wcirted with the corruporldiilg iinrp in the document. The lnternltional Zone OCR ~Jd-ixi will
scan a mile on an image for teat. Only text found within the zone will be extracted. The data returned by this
process can be used to identify a page. populaIe a field. determine the dncumenl name. or determiir wheie the
dwunhnt will be stond. The Internallowl Zcme OCR add-on can be installed when Quick Fields LY fist mstallul
or afler d has alrealy ken installed.
Lnsertichc Import Agent: krfrhe lmpoii Agent is a capture ton1 that can bring liks into a Lascrtichc
rrpxitaiy tiom the Windows tile system. Any iiie that can te stod in Laserticlu can ab Le imported via
Impon Axent. What's more. Impon Agent allows for scheduled aid selective impons. so that users can set up
rpecifK criteria tnr what gets importcd when. impon Agent ciin create hilly CCRed and indexed documents.
complete with template iniormatioii and tikd in the repository.
QF Bar Code Rmgnillon: The Bdr C~nle add-on reads bar codes on a specifled page in Ihe document. The value
icturned by the bur code proccsi can be used to identify a page. populate a tieid. cleterinine the document namc. or
deieimise where [lie docunrnr will be stud. Bar Cde 1s very powerful when combined with Real Time
Lookup. Supponcd barcode fomts: Codabar. CODE 39. CODE 128. €AN R. EAN 13. Interleaved 2 of 5.
IIFCA. and IJPCE.
QF Quick Fonns: perinits multipk document classification. as well 3s Include advanced capabilities such as
torm mognition. form registralion. tom remowl and optcal mark recngnmirn.
QF Document Clnssiflcalion: designed for clients who deal with multiple form. and will recognize and process
muitiplc document types.
QF Annohliun/Bates Numbering: The Bates stamp option is a dncunient auto-numbering annotation option
linrms Pmcrwing: The Forms Prncessing add-on conri%Ls nffour procewa. which are IascrFrhc Form
Exlracror. Form I&nttticatioil. Laserfrk Form Registration. and I .aaertiche Optical Mark Recognition (OMR)
Form Extractor remueves the ldyUUl h.om an imqe and laves data in a region specified on the page. Fnrm
Identiticalion identitks images mordig to the layout ofthe page. Form Regisrraioii align. images to match the
lilyout uflhe foiiu. OMR detects whether a region has ken marked by comparing it with tlle same legion on a
mister iorm. This add-on can only process or recognize forms when processing black & white images.
AIWitionid iiihirmation is availnbk.
lntecration
1.F Integmtor's Toolkit: Tools (L documenIamn necewuy for customizing Lavriiche
LF Inlegration Expres: Packaged solution for image-enabling mtegiauons
LF Integmtion Express CIS: Simplified ilndge-ellabiiny iiilegmuue between Laserfiche and gwgrapiiic
inforindtion systems
MCCi will be Ii;lppy 10 quote any ut the nhwe upliuna. with the assockitcd trrining expense upon your request.
LASERFICHE SOFTWARE UPGRADE. When sonware is upgiadd. the old copy of the sonware must be
returned and will no longer be a valid cupy Proof of previous purchase is required IO reCeive upgiade. Upgrade
credit applied towudr new purchase is 100% of original purchase prte. The diffaeiiee between the new system
(saver. full aid retrieval users) prre and thc OW systcm (server. iuil and relrevai users) price miis1 be greater than or
equal to 10% ofthe new system piice. Otherwise. a ininimum ruttwsie upyide ndju.\tinenl will be amlied tu cu~iiply
with tlie IO% price difierence requirement. One year of LSAP must be purchased for new products when upgrading
LSAP of thc original product will no1 be credited. However. renwinmg monrha of LSAP can k applicd uiwmls the
new purchase of one yedr of LSAP ior the new products.
LASEHFlCllE SOFTWARE SlJPPO117. Sonware Stippvl for the nhwe software packages is offered by MCC!
and Compuiink. (developis oC Laserfiche sonw;m) krtiche Soilware Assilrdnce Plan (LSAP) ileludes: Access to
soitwdre version updates, Tekphoiic or E-Mail suppnii tor software related issues. 24-huur FI'I' and web sile nccess.
technlai hullelins ;ind newsletters. Adjiistments in annual suppon rate5 #nay be made tu coincide with curicnt US
intlatiun rate\. Aiiy uphtes ieqiiiriiig siiipment of software require Client to pay shipping costs.
OPTIONAL COLDFORM SOPTWARE & SUPPORT
FubSoR Reform Software - FabSott Reiorm streamline\ business warkllow by auronutiiig docurmnt
management. enlimcement, and dirtnbutian. Reform will caplure the print stream fwm any operating syslem.
application. ur device: enhance it: aid uitellipntly distribute it to prinlers. fax. email aiid arciiive syslems. Users
CUI gcncrutc clrsmmizcd forms, invoices. transactionill documents. etv.. givuig [hem B protecrinnal Ihk and tee1
wnhuui liiwing 10 buy expemive pre-printed fomu Enhatred dricuiirms are inlellipncly distribumJ by using
information extracted fiom the print stream. such as fax numbers and email addresses elimmaliiig the h.1Ssie of
manually entering destinauon inioormalion. Rebrin caii also cuntrd iidexes alxl directory loc.itioiis integraltun
with uur Lavrlictu solutions.
FubSnfl Keform Supprt - Sotiwnre Support fnr the FahSoit Reiorm SoRware is aflered by MCCi and includes:
Tebpluie or E-Mad suppurt ior snitware relaml issues. web site access. technical bulletins and newsletters.
FabsnitT direct support policy is based on a charge per call it the issiles w.lrranlS them being directly iiivelved. in
the event that a Fabsoft call is needrd. MCCi's suppon plan covers up 10 two dkt Fabsotl calls per yew while
hlCCi supp,it is unlimited. AdjuslinenLs in annual suppon rates may be made to coinckle with current U S.
intlatioii rates.
Fabsnn Reform Ilpgruckr & Updates - Minor automatic sotiware upd,ites are included. while soitware
upgrades are available for additional costs. Pricing is available uplin request
.
MCCi SOFTWARE CUSTOMIZATIONS. The customer mdyekcl to contract with MCCi to cuslnmizc IIE
hiandud uiflware. As the basic (Ltsertiche) software is upgraded. any custolnlratbl~s performed wlll require supplllf
in the form of updating through our lntcgratiuii Support Assurance Prrigrhln (ISAP). ISAP nlUSt k current to receive
upiales to tile integralion at no additiondlchaige.
Other pmgrarns and Elleek Upgrades io existing programs. ur the ncquisasm of iuw programs Roni vendors
other ihm MCCi, may have an effect on custnmizauois made to the software by MCCi. MCCi will nut be lrld
resprmrihle If upgrader or chnnges made by lhr cwlomrr or another veinlor or application prechtde the operatinn
of MCCi's custumizdtinns.
CLIENT SOFTWARE CUSTOMIZATIONS. nu clieul may dlso cii(iibe to customw tlrir soilwale internally.
withnut MCCi's help, MCCi LS iinl responsible iirr any damages caused by the mu'\ cIIstlln~i'alion ofthe suitware.
MCCt will ~1~1 be lleld respoiisible Rx currecling my problems thar nay i>L'cur trtlln these cu~lomi?i~lnI~1s. Routine
updates 10 ihe soitware may afiect any cu~tnmi~~iinn~ nude by the u\cr If MCCi's help is required 11) airrecUupdate
any cii\tnmizdtinn~ made by the clicnt. appinpiate charges will oppiy
SOFTWARE INSTALLATION. MCCi will insiall all snttware niillined Irreiii. If :iddilionat sollwme IS needed lo
bi mg the ~tte up to r~citcatioiis. ciisiomx will be billed accordingly.
END USER TRAINING. MCCi will pruvkle inslructcir-led haiids~on tidintng on the opzrslinn of rhc Ld.*ertichc
s,liiwn:
SYSTEM /.DMINISTRATOR TRAINING. MCCi will pmvidc a training sessiitn for Client's Systcnls
Adininislrnur. The Trdiniiig will include Cuiiliyurmy Lasrhhe System. D~abrs Muiiitenuoce. Securily Seltlllps.
Data Bnck Up. Meilods of Coniniunicatbn for Lwriiche Sonware Suppm. and Solutiun Development.
SITE PREPARATION. The Client site shnuld be ready for installation accotding lo specitications outlined wltltin
the llirdware section li~ted helow. If site is not prepared and results in camllation. delays. or rcsheduliiig oi an
installation aner MCCi has made travel arrangemnts. [he client may incur expenxs due tu circumsldinrs cucli as
noii-rciundable airline tickets. traiiiinghstall charges. hotel reservations. rental cafs. etc.
PROFESSIONAL SERVICES PACKAGE.
MCCi ntiers our Pmtessinnal Services Package (PSP). which is purchased annually in hourly increnients. MCCi will
make a rrcommendalicin UT In rhe initial mmkr oi hours i&ed h.wJ npw the Client's ids and system
coiifigunlinn. PSP hours purchaxd can be ud fnr the following proiessional services xcnrding the terms itutliiied
below.
Pralnstallation Consultation I Solution Development
MCCi will consult with the Client prior to the installation and mining to determine how the Laserfiche
System will be set up. Tha consultatioit will include a review of current document organization aid retrieval
practices to determine desired indexing inethuls tie.: folder structure. dncumnt naming scheme and template
rtiucture). as well as Mher basic system si up needs.
Addlional Trnining - additional training. via web conicrencing. CM be conducted to train new users on the
use uf Lamfick nr as reheskr truining h,r exkting us~rs. Oiwle urisulg can also be conducted. lhowever
PSP houn do no1 ii%l& travel costs for on Site visits.
Additional Syslem Set Up Consultalion - MCCi offers additional coiuullatiun that would include
monimendntions on best practices for adding additiollal depanments. iuldition;ll types of document etc. to
your ciirrciit Lasertiche System.
Remle implementation d sonware updates While the stunlard LSAP plan covers hre updates for
LuerRclle software. implementation of those updates is sometimes uverbukd. With the additinn of a PSP
plan. MCCi is at your service to directly assist in implementing soltware updates.
Annual System Review & Analysls - MCCi will acc~ss your system to review and analyze how your
nrganizalion is using the Lasertichc System. identify any pntcntial pmbkm areas and makc iecomntep*Iations
inr better IIY uf the syltem. In addition MCCi will review yiur orgim~ralions databaw backup pruceduirs to
ensure the data bnckiip 6 being pel formed as recommended. This analysis is designed Io be implemenled 6
months aiter the initial La.Fcr&b Software installation. ad wouW be performed annilally after that date. it
additional PSP hours have been purchased. Thh is nn oplbional .service that will k mmpkted only if requested
by the Client.
Remote Accesa Support. Remote Access Suppoll albws our hrlpdesk staifto WL'SS yvur inachiiles
remotely to resolve probkms faster. The we of Remole Access Suppull saves you both time and money by
reducing the delays in recolving sottwaie issues without costly on-site visits.
Expiration & Additional Hours - MCCi's Professional Service Package is nit annual Package and any unused
hurs will expire 011 lhe same ddte as your I.aserfiche System I.SAP plan. The Client may elect to renew or
purchase additiunal hours as needed and can be provided with an additional proposal fbr this upon request.
RECOMMENDED MlNlhlUM HARDWARE SPECIFICATIONS. ,WCCi will provide cecesary cunsultalion as
to 11% compatibility oicurrent hardware with 1he Larwfehe System. Change!! uirl recummctvJ~tions will be made a1
the time oiconsultation. Sa tyslem requueinents below. Please keep in miil that thesc are the minimum systcin
irqumaanls. All scaiinen also require the ScanConnect Soitware. which is quoted within nur pricing section
HARDWARF, Hmlwilre prices do tluctuale fqwnlly. Pricing will bc confirmed prim 10 order. Suppuit for a11
Hnrdwue b piovided by the hinlware manufacturer and is the respwsibility ni LID Client. Warranlies for all
hardware can be quoted upon request.
SCANNING STATION PC
Operating System: Windows 2MK) or XP
CPIJ. RIM MHI pmceswr or fulcr
Memory: 2.M MB
RAM:Communications: TCPllP
Web lmtwser. Internet Explorer 5 or
higher
CLIENT REQUIREMENTS
Operating System: Wiimluws 2Ux) or XP
CPIJ: Pentiant II SIX) MHz pmccssnr or
faster
Memory. 12X MB RAM:
Conmumicalions TCP/IP
Web browser: Internet Expbrer 5 iir
SERVER RBQUIRE.MENTF
Operdtinp S)siem: Windows 2W. or
WinJuwr 2lYI1
CPI!. Penlium 111 71rO MHz pl<lr.cswr ur Idctcr
Memory ,512 WH HAM minimum I ME pr
.dhtiiriiul uIef
Cuininui~lr.,~tiun~ TCPIIP
6OR LF UNITED VERSION OkLY
Uiiidboic Eiigiir MS SOL Serxr ?(MI
(WVICC pack 3 or nigher)
\YEBLINK REQUIREMENTS
\Vlndnws 21100 with IIS 5 0 or
Windnws 21X)l wlth 1IS 611
CPU Penlium 111 6<(l Mltr pr~cesw
Memory: 256 MR RAM
SCANNERS
Must uiilize
lSlS drivers
ADDITIONAL SERVICES. As an ;ulditioiial servicdprodiict under this contact MCC and MCCi can provide the
hilluw ing:
Elcctmnlc Agenda Management (Md Agenda). MCCi offers MuniAgenda Software and related services
which provides ckctronic ai~toinatioit ad creatinn of Agenilu.
Docunient Scnnning Se~lcps (MuniScan). MCCi otien scanning. indexing ad inregration of hard copy
dncenents with Laseifiche Sollwaie 10 provale the Cllent with the inost powerful index reIrIcvaI scarch
engine available with tile idlnwing features. intuitive browse window. i&x cads. ad fiizzy k>giC.
Pwes Managenrnl Sortwarn (HuniTmcklt). MCCi otTers the .Wun;Trac!dt Sntlware (developed by
Bramlt Infnmvatiun Services. Inc.) which IS a web hsed sulutiun deaipned specifically for Governinen1
organizations. MuniTracUt will save time ad money by streamlining business processes
Code Suppkiiinlation and Codlhtion Services (MuniCale). Munuipal Cide Curpuration offers
suppkmcntatinn nI exisling Cudes. Cndilicatwn ni Ordinawes did Reccditicntion of exisring Cudes Our
optiorwl prwces include lefil irview. republishing. editorial and index work ad eklmnii options (CD.
Iiiteinet)
Utility Billing Services (MuiiiBills). MCCAdvaiitap2 offers bilhng. staletnent and remitlance pmce~sing
Services as an additinndl henefit under this agreement. MCCAdvantage. a siihsnliary ot MCC. can provide Lhc
cliilil with deSign. printing and mdiling ,sei vices liir cust0~1r billinglslatenaiits of all lypes. Thee services
also iiicliale ieinittance payment opt~itns. sonware UNA other billing snlutinns.
AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees 111 alli~w any
other Guvctnment agcncy tn tk State of L'LORIVA to purchase items. at the same terms. conditions ml piicing as
this contixtdutiag the period of time that ihii conlracl is in en'ixt. Minui clianps in terms and coudilions iiiiiy be
negotmed by Mcci and ptirticipatinp Government agexies. hny orders issd against this apoemeitt shall be the
sole responsibility of the Gawrnmcnt agency placing the ordrx It is uivleruootl thnt the City nf PALM BEACH
GARDfiNS Shall incur inn financial responsibility in coitnection with any purchasr by dnutkr Gnvenimem ap~y.
TRAVEL EXPENSES. If tlr client cancels nr reschcdules an installation abr MCCi has intide triivcl arrangeinentr.
tiiivel expznses may be incurred due 10 circumstances such IIT oon~reluikhbk airline tickets. hotel re~ervdlions. ienlal
car,. eic.
PAYMENT & BILLING TERMS. MCCi 8s a tcanting partner wilh stale ~nnlraclvr PCI. whn Iu~ndIcs all tinaochl
II,IIIUIL.~~CIIIP an81 the slate coniri~t. Thercfi,re. invoicing will bc completed hy pC1 .ind ,111 p.tynunt\ shrruld h: niak
directly to QCI P 2541 Burringon Circle Suite 2 I'&alhha!ee. FL 32UIX. KI will invoice tifty perccnt(S(I%) of Ih
11 cnnir.ict amount iipnn irreipt ofsignd contract. Balaix.e will lx invniced and billed upon cuntpktoii ut
alltitinn. Piiyineiil will be due up^ iseipt uf a11 iiiwice. Pkaw keep ut tmiitd that pC[ will only be haidlm~
IIX.U~ tr~~itsactinnc and MCCi will Ix responsible fnr priivrling all services ;id suppon ila nutlined in the ~OIIIIJCI.
Fui .rhliliiinal iniurnmarkm please cniifiict Donny nanrnw. MCCi President
TERMINATION.
1. Should any dispute arise from this Agminent venue shall lie m Palm Beach County. Florida
2. This Agrecment ic subject to fiscal funding out hy the City nt Palm Bwch Gardens in accordance with Fbridr
Law.
3. This Agreenteilt shall be construed in accordance with Florida law.
4. Rr~sidlc~s of my other pnwaioii tn the amtraly. The City oiPalm Beach Gardens iniiy cnncel this Agreement ;it
any time and for any irasnii upon pmviding the Vendar MCCi with 30 days prior nutice of the sdme. The City shall
nut be lidble far direct or indirect damages. loss of profits or any termination fees and the Cily shall pay for gmds and
or services delivered and accepted by the Cay iip until [he date oi tumiiiation herein
5. This Agreement is binding upon the parties hereto their heirs. successors sd assipns
6. 'I his Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have
had legal and btisiness experts review the akqiiacy of the rme.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 22, 2007
Meeting Date: November 15, 2007
Resolution: 128, 2007
SubjectlAgenda /Item:
Purchase award to Musco Sports Lighting, LLC for the purchase and installation of sports
field lighting at PGA National Park in an amount not to exceed $575,586.00 via City of
Jacksonville, Flcprida (Bid No. SC-0511-06)
[XI Recommendbtion to APPROVE I ] Recommendbtion to DENY
1 Reviewed by:
City Attorne d
-inane A(.ihnist tor e
Community Services
Administrator
Department Adminilstrator
Approved by:
Construction Services
Director
Community Services
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Notified -__- -
[ ] Not required
Costs: $575,586.00
(Total)
$ 575,586.00
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Capital-Recreation Impact
Budget Acct.#:
301.2000.572.6900
REC0079.30.05.land
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 128,2007
Exhibit A: Quotation-
Materials and
installation of Sports
Lighting
Exhibit B:
Agreement
[ ]None
Date Prepared: October 22, 2007
Meeting Date: November 14,2007
Resolution: 128, 2007
BACKGROUND:
The PGA National Park Improvements project was approved as part of the
2006/2007 capital improvement plan. This project includes multipurpose field
improvements, installation of sports field lighting, expanding the playground to
include additional equipment, security lighting, sports turf enhancements, and other
site improve men ts .
The conceptual master plan for PGA National Park was completed this past year,
which was developed with public participation at four separate workshops including
a Recreation Advisory Board and Planning and Zoning Advisory Board meetings. In
regards to the sports lighting element of the project, the City received a proposal
from Musco Sports Lighting, LLC in an amount not to exceed $575,586.00. The
proposal was based on an existing contract with the City of Jacksonville, Florida No.
SC-0511-06 effective June 1, 2006. If approved, Musco’s Light Structure Green
System will be installed at the three multipurpose fields. There are several benefits
included with this particular system including: 1) results in more than 50% energy
savings compared to a standard lighting system; 2) provides 50% less spill and flare
light than Musco’s prior industry leading technology; 3) comes with a 25-year
warranty and fully comprehensive maintenance program that eliminates 100% of all
maintenance costs for 25 years including labor and materials; 4) and is equipped
with Control Link Control and Monitoring System, a computerized system allowing
for light access to be controlled via computer. The installation of Musco’s Light
Structure Green System maintains consistency with Musco Sports Lighting at each
of the City’s athletic fields. This system also eliminates the need for staff time to
travel to each park and manually turn on sports lighting. Staff will be able to control
sports lighting use through Musco’s web-based computer program or via 24 hour
customer service line.
If approved, work will begin in January 2008 and completed within 60 days. Funding
for this project will be provided by Recreation Impact Funds, as stated in the
2006/2007 City Budget, page number 244.
STAFF RECOMMENDATION: Approve Resolution 128,2007 as presented.
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WITH MUSCO SPORTS LIGHTING, LLC FOR THE PURCHASE AND
INSTALLATION OF SPORTS LIGHTING AT PGA NATIONAL PARK
IN AN AMOUNT NOT TO EXCEED $575,586.00 VIA AN EXISTING
CONTRACT WITH THE CITY OF JACKSONVILLE, FLORIDA, BID
CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
NO. SC-0511-06; AUTHORIZING THE MAYOR AND THE CITY
WHEREAS, the City desires to purchase and install sports lighting at the
multipurpose fields at PGA National Park; and
WHEREAS, Section 2-294, Code of Ordinances, permits the City to “piggyback
an agreement awarded to another governmental agency pursuant to a competitive
sealed bid; and
WHEREAS, the City desires to use the services offered by Musco Sports
Lighting, LLC, outlined in an existing contract with the City of Jacksonville, Florida,
Contract No. SC-0511-06, dated June 1 , 2006; and
WHEREAS, the City received a proposal from Musco Sports Lighting, LLC to
supply and install sports lighting for the PGA Park Improvements Project, attached
hereto as Exhibit “A; and
WHEREAS, the City of Palm Beach Gardens and Musco Sports Lighting, LLC
wish to enter into an Agreement for the purchase and installation of sports lighting at
PGA National Park; and
WHEREAS, such Agreement has been prepared and is attached hereto as
Exhibit “B”; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
1
2 RESOLUTION 128,2007
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5 A RESOLUTION OF THE CITY COUNCIL OF
6 BEACH GARDENS, FLORIDA APPROVING
THE CITY OF PALM
AN AGREEMENT
Date Prepared: October 22, 2007
Date Prepared: October 22, 2007
Resolution 128, 2007
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SECTION 2. The City Council hereby approves the Agreement between the City
of Palm Beach Gardens and Musco Sports Lighting, LLC for the purchase and
installation of sports lighting at PGA National Park in an amount not to exceed
$575,586.00, and hereby authorizes the Mayor and City Clerk to execute the
Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
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 ---
C 0 U N C I LM EM B E R VALE C H E ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\Piggyback Contract-PGA Park-Musco-reso 1 28 2007.doc
h
2
Date Prepared: October 22, 2007
Resolution 128, 2007
EXHIBIT “A”
i
Deducts: design parameters -$27,967.00
Total $575,586.00
PGA National Park Multi-Purpose Area Lightlng
Palm Beach Gardens, Florlda
Date: September 25,2007
To: Mike Kelly
Pricing per City of Jacksonville Bid SC-0511-06
Quotation fdce - Meterials anti hstaliatlon
Musco's Ught Structure Green" as described below, delivered to the job site and installed: ...........I..I .,...... $575,586.00.
Equipment Description
Light Structure Green" System delivered to your site in Five Easy PlecesTM
Precast concrete bases . Galvanized steel poles
Pole length wire harness
Factory-aimed and assembled luminaires
Energy savings of more than 50% over a standard lighting system
5wO less spill and glare light than Musco's prior industry leading technology
Musco Constant 25M warranty and maintenance program that efimlnates 100% of your maintenance costs for 25 years, Including labor and materials
Guaranteed Constant light level of 30 footcandles for 25 years, +/- 10% per tESNA RP-06-01
2 group re-lamps at the end of the lamps' rated life, 5000 hours
Reduced energy consumptlon with an average of 147 kW per hour
Control Links Control 81 Monitoring System for flexible control and sdid management of your lighting system
Lightlng Contactors sized for 480 Volt 3 phase
UL Listed remote electrical component enclosures
Also Includes:
.
n E3 - 400 amp service
Panel to contactors
ral - foundation designs
- Contactor to poles
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1
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4843
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$5,390.00
$1 3,900.00
$765.00
$495.00
$7,500.00
$1,000.00
$8,922.00
$5,000.00
$29.00
$2,327.00
Sales tax, labor, and unloading of the equipment is not included as part of this quote.
Pricing furnished is effective for 60 days Unless otherwise noted and is considered confidential.
Payment Terms
Payment of 25% of the contract price is required with order. The contract balance is due net 30 days
Late payment will be subject to service charges of 1 %% per month (18% APR).
Musco will attempt to coordinate shipment so that delivery corresponds with the customer’s payment schedule. It
will be the responsibility of the wholesaler to ensure that Musco is aware of this delivery timeframe. We will expect
payment within the terms described above unless there is a written statement from Musco’s corporate
headquarters stating the acceptance of different terms.
Delivery to the job site from the time of order, submittal approval, and confirmation of order details
lncludlng voltage and phase, pole locations Is approxlmately 30-45 days. Due to the built-in custom light
control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations
after the product is sent to production could result in additional charges.
Scope of work:
Shipment of entire project together to one location
Field size of 613’ x 487’ for the multi-purpose area
480 Volt, 3 Phase electrical system requirement
Structural code and wind speed = 2004 Florida Building Code, 140 MPH.
Confirmation of pole locations prior to production
Owner Responsibilities:
Total access to the site and pole locations for construction. Must be able to move from location to location
on standard rubber tires - no towing required.
Survey in pole locations and aiming points (one per pole location) for sighting in lighting cross-arms.
Removal of any trees, limbs, etc. for total access to pole locations.
Removal and replacing of all fencing necessary for construction.
Repair and replacement of any field turf, asphalt, and /or concrete damage.
Locate existing underground utilities including irrigation systems.
Pay for all permitting costs.
Extra costs associated with foundation excavation and construction in non-standard soils (rock, caliche,
high water table, collapsing holes, alluvial soils, etc.). Standard soils are defined as Class 5 soils in Table
1804.2 in the 2004 edition of the Florida Building Code and can be excavated using standard earth
auguring equipment.
Provide a source of water (LE. Fire Hydrant or 2 water line).
Provide electrical design by Electrical Engineer. (Only if required)
Nusco and Musco Subcontractor Responsibilities:
ProvMe required poles, fixtures, and foundations and associated designs.
Provide structural design for poles and foundations, certified by a professional engineer licensed in the
State of Florida.
Provide layout of pole locations and aiming diagram.
Provide light test upon Owner supplied electrical system.
Provide Project Management assistance as needed.
Provide review of electrical design as provided by Etectrical Contractor or Electrical Engineer.
Provide equipment and materials to off load equipment at jobsite per scheduled delivery.
Provide storage containers for material as necessary.
Provide adequate trash container for cardboard waste and packing debris.
Provide adequate security to protect Musco delivered products from theft, vandalism or damage during
the installation.
Secure required permits, owner to pay cost of permits.
Provide materials and equipment to install or upgrade existing electrical service panels as required or
necessary. (This needs defined per Electrical design).
Provide materials and equipment to install all underground conduit, wiring, pull boxes etc. and terminate
wiring as requlred per electrical design.
Confirm the existing underground utilities and irrigation systems have been located and are clearly marked
so as to avoid damage from construction equipment. Repair any such damaQe during construction.
Provide materials and equipment to install (8) Light Structure System foundations as specified on Layout.
Provide and install ground rods (one per pole location) for lightning protection per NFPA 780 Code. Poles
70' and below require a #2 ground wire. Poles 80 and above require 2/0 ground wire. Ground rods to be
3/4"x10' or 5/8"x8 with a 10' embedment. Ground rods must be installed in soil, not in the concrete
backfill.
Provide equipment and materials to remove spoils from jobsite.
Provide materials and equipment to assemble and install (94) Light Structure Greenm fixtures and
terminate all necessary wirlng.
Provide equipment and materials lo assemble and erect (9) Light Structure System Poles.
Provide equipment and malerials to install the new Lighting Contactor Cabinet(s) and terminate all
necessary wiring.
Contractor wilt commission Control Link by contacting Control Link Central at (877-347-3319) and going
through the following steps:
o Check all Zones to make sure they work in both auto and manual mode.
o 1 hour comprehensive burn of all lights on each zone.
o Set base line for the DAS (Data Acquisition System)
Keep all heavy equipment off of playing fields when possible.
Provlde startup and aiming as required to provide complete and operating sports lighting system.
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Jeremy Jordan
Field Sales Representative
Mum Sports Lighting, LLC
950 South Pine Island Road
Suite A-150.1033
Plantation, Florida 33324-3903
Phone: 954-727-8374
E-mall: Jeremy.Jordan@musco.com
Fax: 954-727-8445
EXHIBIT “B”
4
Date Prepared: October 22, 2007
Resolution 128, 2007
MASTER CONTRACTOWSERVICES AGREEMENT
FOR SPORTS LIGHTING
THIS AGREEMENT is made this day of , 2007, by and
between the City of Palm Beach Gardens, a municipal corporation (hereinafter referred to as
“Cityn), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410,
and Musco Sports Lighting, LLC, (hereinafter referred to as ”Contractor“), whose address is
2107 Stewart Road, Muscatine, Iowa 52761.
WHEREAS, the City of Jacksonville, Florida awarded a contract to the Contractor for
the materials and installation of sports lighting pursuant to Bid Number SC-0511-06 (YBid”).
The City is desirous of piggybacking the Bid on the same terms and conditions therein
subject to the terms and conditions set forth below; and
WHEREAS, the Contractor is desirous of allowing the City to piggyback the City of
Jacksonville, Florida Bid, and the parties hereto understand that the more stringent provisions
control as it relates to any conflicts between the Bid and this Agreement or Florida Law.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration of which the parties hereto acknowledge, the parties
agree as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The Contractor shall provide to the City the contract services for the materials
and installation of sports lighting as provided herein on Exhibit “A,” attached
hereto and by this reference incorporated herein (“City’s Proposal from the
Contractor“), and the Bid, together with all of the Contractor’s submittals accepted
by the City of Jacksonville, Florida and responses thereto. The pricing for such
services and/or materials and supplies shall be in accordance with the accepted
submittals of the Contractor within the Bid and pursuant to the Bid or pursuant to
the agreed-upon written pricing by the parties as contained in a Work
Authorization and Notice to Proceed evidenced by the City’s Purchase Order
(“PO”) and the City’s Proposal from the Contractor. Further, the parties hereto
understand that the PO shall contain the time schedule for the work to be
performed, a substantial completion and final completion date(@, and liquidated
damages. The parties hereto shall also specify in the PO a payment and
retainage schedule with agreed-upon terms and conditions for all such matters,
including, but not limited to, punch list and hold back for punch list and retainage.
Regardless of the foegoing, said information may be contained in a separate
Notice to Proceed. The Contractor, by executing this Agreement, agrees to all
the City’s retainage requirements, including such hold backs as determined by
the City. The Contractor agrees that time is of the essence.
3. The contract amount that the City is permitted to spend in connection with this
Agreement with the Contractor is delineated on the City’s Proposal from the
Contractor, attached hereto as Exhibit “A“ and by this reference incorporated
herein, or as provided in Section 2 above, as the case may be. The parties
hereto understand that the City has budgeted this amount for said project(s).
Nothing herein, however, shall prevent the City from seeking a budget
amendment should it require additional sums of money for its project@) due to
change orders approved in writing pursuant to the City’s purchasing and
procurement policies, practices, and procedures. All purchases pursuant to this
Agreement shall be done in accordance with the City’s purchasing and
procurement procedures and all applicable laws. All purchases shall be
evidenced by such approved purchase orders.
4. The Contractor shall provide to the City all services, work, materials, warranties,
and products pursuant to the Bid and this Agreement. All prices for the items and
work herein shall be in accordance with the Bid and this Agreement and any
discount prices provided for therein. All purchases shall be evidenced by a
purchase order from the City. The parties hereto understand that payment and
performance bonds may be needed from the Contractor for projects in
accordance with Section 255.05, Florida Statutes, and the City’s purchasing and
procurement policies and procedures and state law. The Contractor agrees not
to perform any work without the bonds required and insurance required by the
City.
5. The Contractor shall maintain general liability insurance, workers’ compensation
insurance, business automobile liability insurance (owned vehicles and non-
owned vehicles), builders risk insurance, products completed insurance, and
other such insurance requested by the City’s Department of Risk Management
and with such limits and deductibles as the City deems necessary as it relates to
this Agreement. Prior to commencing any work required hereunder, the
Contractor shall provide to the City all such insurance coverage that the City has
requested and as contained herein and in the Bid.
6. The City shall require the Contractor to provide payment and performance bonds
for such work that it performs pursuant to this Agreement in accordance with
Florida law. The amount of such bonds and form of such bonds shall be
determined by the City and shall be in conformance with all applicable Florida
laws. All bonds shall be for 100% of the value of the services, work, products,
and materials, including all change orders.
7. The Contractor agrees, warrants, covenants, and represents that all products,
materials, services, and work that it shall perform pursuant to this Agreement and
the Bid, including any work done by its subcontractors, materialmen, and
suppliers, shall be free from all defects and done in a workmanlike manner. The
Contractor warrants the merchantability and fitness of the products, materials,
work, and services as contemplated in this Agreement and the Bid for the City’s
intended use. The Contractor agrees to warrant the products, materials, services
and work for a period of one year from the date of acceptance of the products,
materials, services, and work by the City or for such warranty period as provided
in the Bid, whichever is greater. The Contractor shall, prior to any payments
being made pursuant to this Agreement, provide release of liens in such form and
such amount as the City specifies in approved draw schedule@). All lien releases
shall conform with the Florida Mechanic’s Lien Law F.S. 713.01 et. seq. and F.S.
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8.
255.01 et. seq. Further, upon completion of the work by the Contractor, the
Contractor shall provide the City with a Contractor’s Final Affidavit pursuant to the
statutes referenced above and Florida law and as reasonably determined by the
City, together with final lien releases from all parties’ work for or under the
Contractor regardless of privity.
The Contractor agrees to supply the City with adequate personnel to provide
timely completion of all projects and support contemplated by this Agreement and
the Bid. The parties hereto understand that time is of the essence. The
Contractor agrees to complete the work within the time provided in accordance
with its Notice to Proceed issued by the City pursuant to the POINotice to
Proceed. If the Contractor fails to timely complete such work within the time
provided, such failure shall be cause for default, and the City may seek all
damages in law and/or equity. The Contractor agrees to designate Jeremy
Jordan as the Contractor’s project representative to the City in connection with
this Agreement. The City agrees to designate Todd Engle as its project
representative pursuant to this Agreement. The parties hereto reserve the right
to change project representatives on an as-needed basis.
9. The Contractor agrees to indemnify and hold harmless the City, its officers, and
employees from any and all liabilities, damages, losses, suits, actions, claims,
and/or matters, including costs and reasonable attorney’s fees, to the extent
caused by the negligence, gross negligence, or intentionally wrongful conduct of
the Contractor and any other persons or entities employed or utilized by the
Contractor in performance of this Agreement or with regard to any actions as it
relates to a breach of this Agreement or the Bid. In addition, the parties hereto
agree that 1% of the total compensation to be paid to the Contractor for
performance of this Agreement shall represent the specific consideration for the
Contractor’s indemnification of the City as set forth in this section of this
Agreement. This indemnification is in addition to any other indemnification as
contained in the Bid. To the fullest extent permitted by laws and regulations, the
Contractor shall indemnify and hold the City and its consultants, agents, and
employees harmless 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 costs) arising out of or
resulting from the performance of the work, provided that any such claims,
damage, loss, or expense is (a) attributable to bodily injury, sickness, disease, or
death, or to injury to or destruction of tangible property, including the loss of use
resulting there from, and (b) caused in whole or in part by any willful or negligent
or gross negligent act or omission of the Contractor, or breach of contract, or from
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 and regulation
regardless of the negligence of any such party. To the extent permitted by law, in
any and all claims against the City or any of its consultants, agents, or employees
by any employee of the 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
3
indemnification obligation herein shall not be limited in any way by any limitation
on the amount or type of damages, compensation, or benefits payable by or for
the Contractor or any such subcontractor or other person or organization under
workers' or workman's compensation acts, disability benefits acts, or other
employee benefits acts. It is the specific intent of the parties hereto that the
foregoing indemnification complies with and is subject to Section 725.06, Florida
Statutes, if applicable. The indemnification herein is limited to the greater of the
Contractor's insurance coverage or Five Million Dollars ($5,000,000.00),
whichever is greater. Further, the indemnification herein covers any action
arising out of contract as well as tort.
10. In performance of its obligations hereunder, the Contractor agrees to comply with
all applicable federal, state, and local laws, rules, regulations, orders, codes,
ordinances, criteria, standards: guidelines, and directives.
11. The City reserves the right in its sole discretion to accept the use of a
subcontractor or to reject the selection of a particular subcontractor. If a
subcontractor fails to perform as determined by the City in accordance with this
Agreement and it is necessary to replace the subcontractor in order to provide
services as required, the Contractor shall promptly do so, subject to acceptance
of the new subcontractor by the City.
12. The parties to this Agreement understand that the City is a tax-exempt
organization; nothing herein I however, shall exempt the Contractor from paying
all of its taxes pursuant to this Agreement.
13. This Agreement may be terminated by the Contractor upon thirty (30) days' prior
written notice to the City in the event of a material breach of contract by the City
to perform in accordance with the terms of this Agreement through no fault of the
Contractor. This Agreement may be terminated by the City, with or without
cause, upon seven (7) days' prior written notice to the Contractor. Unless the
Contractor is in breach of this Agreement, the Contractor shall be paid for
services rendered to the City's satisfaction up to the date of termination. After
receipt of a termination notice, and except as otherwise directed by the City, the
Contractor shall stop work on the date specified.
14. Neither the City nor the Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the
nonperforming party could not avoid. The term "Uncontrollable Forces" shall
mean any event that results in the prevention or delay of performance by a party
of its obligations under this Agreement and which is beyond the reasonable
control of the nonperforming party. It includes, but is not limited to, fire, flood,
earthquake, storms, lightning, epidemic, war, riots, civil disturbance, sabotage,
and governmental actions.
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Neither party shall, however, be excused from performance if nonperformance is
due to forces which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
15. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida.
16. This Agreement shall not be construed against the party who drafted the same as
all parties to this Agreement have had legal and business experts review the
adequacy of the same.
17. This Agreement is binding upon the patties hereto, their heirs, successors, and
assigns.
18. The Contractor warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender, age, or
national origin.
19. A waiver by either the City or the Contractor of any breach of this Agreement
shall not be binding upon the waiving party unless such waiver is in writing. In
the event of a written waiver, such a waiver shall not affect the waiving party’s
rights with respect to any other or further breach. The making or acceptance of a
payment by either party with knowledge of the existence of a default or breach
shall not operate or be construed to operate as a waiver or any subsequent
default or breach. The patties hereto understand that there shall be no oral
waivers. Further, a written waiver in part shall not constitute a waiver of any other
part of this Agreement.
20. The invalidity, illegality, or unenforceability of any provision of this Agreement or
the occurrence of any event rending any portion or provision of this Agreement
void shall in no way affect the validity or enforceability of any other portion or
provision of the Agreement. Any void provision shall be deemed severed from
the Agreement, and the balance of the Agreement shall be construed and
enforced as if the Agreement did not contain the particular portion or provision
held to be void. The parties further agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision. The provisions of this section shall not prevent
the entire Agreement from being void should a provision, which is of the essence
of the Agreement, be determined to be void.
5
21. The City and the Contractor agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or
understandings other than those stated herein. This Agreement supersedes all
prior agreements, contracts, proposals, representations, negotiations, letters, or
other communications between the City and the Contractor pertaining to this
Agreement, whether written or oral. None of the provisions, terms, and
conditions contained in the Agreement may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto.
22. This Agreement may not be modified unless such modifications are evidenced in
writing, signed by both the City and the Contractor. Such modifications shalt be
in the form of a written amendment executed by both parties.
23. Any notice, demand, communication, or request required or permitted hereunder
shall be in writing and delivered in person or sent by certified mail, postage
prepaid, or express delivery service with confirmation, as follows:
As to the City: As to the Contractor:
City of Palm Beach Gardens Musco Sports Lighting, LLC
10500 N. Military Trail 2107 Stewart Road
Palm Beach Gardens, FL 33410 Muscatine, IA 52761
Attn: Todd Engle Attn: Jeremy Jordan
Notices shall be effective when sent to the addresses as specified above as
provided herein. Changes in respective addresses to which such notice is to be
directed may be made from time to time by either party by written notice to the
other party. Facsimile transmission is acceptable notice effective when sent with
a printed confirmation of receipt of the same; however, facsimile transmissions
received (i.e., printed) after 5 p.m. or on weekends or holidays will be deemed
sent on the next business day. The original of the notice must additionally be
mailed certified mail return receipt requested. All mail shall be deemed received
upon five (5) business days. The parties may also use overnight delivery
services such as Federal Express; however, all such services must have
confirmation of delivery. Notice shall be deemed effective under this type of
service when received.
Nothing contained in this Section shall be construed to restrict the transmission of
routine communications between representatives of the City and the Contractor.
6
IN WITNESS WHEREOF, the City and the Contractor executed this Agreement as of
the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: 1
CiG Attorney
WITNESSES: MUSCO SPORTS LIGHTING, LLC
G:\attorney_share\AGREEMENTS\piggyback msco.doc
7
(Corporate Seal)
NOnC
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 22,2007
Meeting Date: November 15,2007
Ordinance 31,2007
SubjectlAgenda Item:
Ordinance 31,2007: Text Amendment to the Capital Improvements Element (CIE)
2"d Reading and Public Hearing: A City-initiated request for the adoption of amendments to the
Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan to
update the CIE to be consistent with the current City budget in accordance with Chapter 163.3 177,
Florida Statutes.
[XI Recommendation to APPROVE
Recommendation to
City Attorney df
Development
C omp 1 iance
N/A
Bahareh Keshavarz-Wolfs,
AICP
GrowthManage e t
Administrator h
Kara L. Irwin, AICP
City Engineer
IENY
Originating Dept.:
Growth Management:
3-fi Project
Manager
Stephen Mayer
Sr. Planner
[ 3 Quasi-Judicial
[ X ] Legislative
[ X 3 Public Hearing
Advertised:
Date: 10/3 1 /07
Paper: Palm Beach Post
[XI Required
Affected parties:
[ ]Notified
[XI Not Required
FINANCE:
Finance Administrator
Allan'Owens ' UP .w&.
Costs: $-N/A
Total
$__ N/A-
Current FY
Funding Source:
[ 3 Operating
[XI Other-N/A
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ 3 App. wl conditions
[ 3 Denied
[ 3 Continued to:-
Attachments:
0 Ordinance 3 1,2007
0 Data and Analysis:
e Five Year Projection
e Resolution 94, 2005
e CIE Support
Document
e Line Item Summaries
0 Ordinance 30,2006
Other Reviewers:
Stephen Stepp, Police
Date Prepared: October 15, 2007
Meeting Date: November 15, 2007
Ordinance 3 I, 2007
Page 2 of 8
EXECUTIVE SUMMARY
The proposed petition is a City-initiated request to update the Capital Improvements Element (CIE)
to the City’s Comprehensive Plan. The Five-Year Schedule of Capital Improvements and Summary
of Capital Improvements Program, Tables 9A and 9B of the CIE are required to be updated annually
in accordance with Florida Statutes.
BACKGROUND
The proposed amendments to the CIE have been revised to be consistent with the recently approved
Capital Improvement Program in accordance with Chapter 163.3 177, Florida Statutes. Staff has
attached the most recently approved CIE update to the staff report (please see attachment Ordinance
30, 2006).
The City is required by Chapter 163 of the Florida Statutes to maintain an updated Capital
Improvements Element well-coordinated with the rest of the elements of the Comprehensive Plan.
Furthermore, staff must include the Five-Year Schedule of Capital Improvements that are needed to
implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) standards are
achieved or maintained. Staff is also impelled to analyze the new mandatory general components of
the Schedule: fiscal responsibility and identification of proportionate fair share projects for
transportation.
SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS
Table 9A: This Table has been updated to be consistent with the current Capital Improvement Plan.
(Attached in Ordinance 3 1,2007)
Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm Beach County
School District Level of Service (LOS) and proposed school construction schedules.
(Attached in Ordinance 3 1,2007)
STAFF ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the consistency
with the City’s, County’s and State Comprehensive Plans, and the Strategic Regional Policy Plan.
Date Prepared: October IS, 2007
Meeting Date: November IS, 2007
Ordinance 3 I, 2007
Page 3 of 8
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each project and
supporting data must demonstrate that sufficient revenues are currently available or will be available
from committed funding sources for projects included in the first three years of the schedule. Staff
has indicated the funding sources as part of the schedule (Table 9A). The City has transportation
projects that are not funded by expected funding sources, such as ad valorem taxes or impact fees.
The City has attached the Development Order for those development projects that will be the
expected funding source of road improvement projects (see attached “Data and Analysis”). The City
demonstrates the anticipated funding sources and expenditures (Attached “Five Year Projection”),
which illustrates that the City maintains excess revenues for every year within the planning period.
Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being
funded by general funds or impact fees and have been demonstrated to be financially feasible.
Proportionate Fair Share
The City is expected to identify any project that utilizes a proportionate-share process with regard to
transportation concurrency. Currently, the City does not have any projects listed in the Schedule
utilizing a proportionate fair share process. Please be advised that pursuant to Ordinance 3 1,2006,
the City has adopted Land Development Regulations in order to adopt a proportionate-share program
as required by Florida Statutes.
Summary of De Minimis Records Report
Pursuant to Section 163.3 180 (6), F.S. Statutes, the City is required to submit a summary of de
minimis records to the Department of Community Affairs (DCA) with the annual CIE update. The
summary should include the definition and approval process of developments having de minimis
impact; existing conditions and deficient road links; de minimis trip activity on all applicable road
links; and planned improvements included in the City’s CIE that resolve any existing deficiencies.
Staff is preparing the de minimis report prior to scheduling for City Council.
Adoption of Projects by Reference
Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section 163.3177
(6)(c), F.S. Statutes, the City is required to adopt specific FDOT/MPO, School District and Water
Management District (WMD) projects by reference if the City is relying on these projects to ensure
Date Prepared: October 15, 2007
Meeting Date: November 15, 2007
Ordinance 3 I, 2007
Page 4 of 8
concurrency. The City shall adopt WMD projects within 18 months of the update to the South
Florida Water Management District Regional Water Supply Plan, which is an issue included in the
EAR-based amendments. However, staff must also include by reference the adopted Palm Beach
County School Board 5-Year Facilities Plan and have attached the concurrency service area report of
the County’s 5-Year Facility Plan for schools serving Palm Beach Gardens. Staff will include by
reference any FDOT/MPO projects specific to meeting City concurrency, however, staff is not aware
of any FDOT/MPO project specifically addressing City roadways.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies contained
within the City’s Comprehensive Plan. These changes described below provide for internal
consistency between the amended CIE and the City’s Comprehensive Plan.
Transportation Element:
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE
ROADWAYS.
Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be
constructed withiti the next 5 years to maintain the City ’s LOS as growth occurs.
Recreation and Open Space Element:
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for
residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set
forth by this element and to maintain such compliance in subsequent years.
Staff comment: The proposed amendment~fulfills the objective to provide Recreation and Open Space
by defining the year of the construction of certain infrastructure.
Future Land Use Element:
Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and
industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate
sites and timely provision of public utilities and services to stimulate such growth.
Date Prepared: October 15,2007
Meeting Date: November 15,2007
Ordinance 3 I, 2007
Page 5 of 8
Staff comment: The proposed amendment fulfills the objective to provide utilities and services by
defining the year of the construction of certain infrastructure.
Public Safety Element:
Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response to all of the
urban service area in an average time of 5.0 minutes or less. This standard shall be met in 90% of all
calls and shall be measured on a district basis. The rural service area shall have an average 8.0
minute response time.
Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to exceed 1,150
calls per officer per year to serve the urban area. Community policing philosophy shall be utilized in
the urban area and rural crime control strategies shall be utilized in the rural area.
Staff comment: The proposed amendment fulJills the objective to provide emergency'fire, rescue and
police response by defining the year of the construction of certain inj-astructure that, facilitates those
objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm
Beach County Comprehensive Plan as demonstrated by the following listed examples from that
Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation
system which moves people, goods, and services in a safe, efficient, convenient and economical
manner with minimal adverse impact to the environment.
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County's goal. The
CIE defines the year of the construction of certain roadway segments which allow the City and
County to meet LOS while having the development community pay its pro-rata share.
Date Prepared: October 15,2007
Meeting Date: November 15, 2007
Ordinance 3 I, 2007
Page 6 of 8
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the
timing and to prioritize the delivery of public facilities and other capital projects; a program that
supports the growth management Goal, Objectives and Policies of the Palm Beach County
Comprehensive Plan and encourages efficient utilization of its public facilities and financial
resources.
Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County on
the timing of facility, infrastructure and service improvements,
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning
Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment: The proposed CIE amendment includes the scheduled construction of a City
thorough fare roadway which will allow. for an additional arterial to the State designated evacuation
roadways. The proposed CIE also has identiJied a schedule.for certain public safety improvements
to improve the Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment: The proposed CIE amendment includes scheduled improvements to the City’s
drainage system to reduce the number of high water and.flooding incidents.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida
Statutes)
The proposed land-use amendment is consistent with the overall intent of the State
Comprehensive Plan. The following State Goals and Policies are specific examples of that
consistency:
Date Prepared: October 15,2007
Meeting Date: November IS, 2007
Ordinance 3 I, 2007
Page 7 of 8
Public Facilities - Florida shall protect the substantial investments in public facilities that already
exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient
manner.
Staff Comment: The CIE amendment is consistent with the State 's public facilities goal because the
City has developed and will implement a schedule ofpublic facility and infrastructure needs which
includes the anticipatedjnancing sources.
Transportation - Florida shall direct future transportation improvements to aid in the management
of growth and shall have a State transportation system that integrates highway, air, mass transit, and
other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of local roadways that
allow,for alternate routes to major attractors and act as reliever roads to Military Trail and PGA
Boulevard, both of which are State roads; thus reducing the need to expand either roadway.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On September 2 1, 2007, the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC) was notified of the proposed amendment as a courtesy to our neighboring
communities.
PLANNING, ZONING, AND APPEALS BOARD
The Planning, Zoning, and Appeals Board reviewed the subject petition at a public hearing on
October 23,2007 and voted 7-0 to recommend approval to the City Council.
CITY COUNCIL
On November 1,2007, the City Council voted 5-0 to pass Ordinance 3 1,2007 onto second reading.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of Ordinance 3 1, 2007, which provides for the adoption of the
proposed amendments to the Capital Improvements Element of the City's Comprehensive Plan,
based on the following:
Date Prepared: October 15,2007
Meeting Date: November 15, 2007
Ordinance 3 I, 2007
Page 8 of 8
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the City’s Comprehensive Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the Treasure Coast Regional Planning Council Strategic Policy Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of Palm Beach County’s Comprehensive Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of Florida State Comprehensive Plan (Chapter 187, Florida Statutes.)
DATA AND ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the
consistency with the City’s, County’s and State Comprehensive Plans, and the Strategic
Regional Policy Plan.
Fisca 1 Res pons i b ili ty
The City is required to provide the revenue sources that will be used to fund each project
and supporting data must demonstrate that sufficient revenues are currently available or
will be available from committed funding sources for projects included in the first three
years of the schedule. Staff has indicated the funding sources as part of the schedule
(Table 9A). The City has some transportation projects that are not fimded by expected
funding sources, such as ad valorem taxes or impact fees. The City has attached the
Development Order for those development projects that will be the expected funding
source of those road improvement projects.
Staff demonstrates that the following roadway projects funded by developers are
financially feasible through conditions requiring surety or other instruments:
- Hyatt Drive Traffic Signal
-
-
-
Grandiflora Drive West of Central to Donald Ross Road
Research Parkway West of Grandiflora
Research Parkway East and South of Grandiflora
The City demonstrates the anticipated fimding sources and expenditures (Attached “Five
Year Projection”), which illustrates that the City maintains excess revenues for every
year within the planning period. Those projects funded by expected funding sources, or
those identified as being funded by general funds or impact fees, have been demonstrated
to be financially feasible.
Proportionate Fair Share
The City is expected to identify any project that utilizes a proportionate-share process
with regard to transportation concurrency. Currently, the City does not have any projects
listed in the Schedule utilizing a proportionate fair share process. Please be advised that
pursuant to Ordinance 3 1, 2006, the City has adopted Land Development Regulations in
order to adopt a proportionate-share program as required by Florida Statutes.
Summary of De Minimis Records Report
Pursuant to Section 163.3 180 (6), F.S. Statutes, the City is required to submit a summary
of de minimis records to the Department of Community Affairs (DCA) with the annual
CIE update. The summary should include the definition and approval process of
developments having de minimis impact; existing conditions and deficient road links; de
minimis trip activity on all applicable road links; and planned improvements included in
the City’s CIE that resolve any existing deficiencies. Staff is preparing the de minimis
report prior to scheduling for City Council.
Adoption of Projects by Reference
Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section
163.3 177 (6)(c), F.S. Statutes, the City is required to adopt specific FDOT/MPO, School
District and Water Management District (WMD) projects by reference if the City is
relying on these projects to ensure concurrency. The City shall adopt WMD projects
within 18 months of the update to the South Florida Water Management District Regional
Water Supply Plan, which is an issue included in the EAR-based amendments. However,
staff must also include by reference the adopted Palm Beach County School Board 5-
Year Facilities Plan and have attached the concurrency service area report of the
County’s 5-Year Facility Plan for schools serving Palm Beach Gardens. Staff will include
by reference any FDOT/MPO projects specific to meeting City concurrency, however,
staff is not aware of any FDOTiMPO project specifically addressing City roadways.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies
contained within the City’s Comprehensive Plan. These changes described below
provide for internal consistency between the amended CIE and the City’s
Comprehensive Plan.
Transportation Element:
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON
THE ROADWAYS.
Staff Comment: Table 9A of the CIE proposed amendment describes several roadway
links to be constructed within the next 5 years to maintain the City’s LOS as growth
occurs.
Recreation and Open Space Element:
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas
for residents of Palm Beach Gardens in a timely manner so as to comply with the LOS
standards set forth by this element and to maintain such compliance in subsequent years.
Staff comment: The proposed amendment fu@lls the objective to provide Recreation and
Open Space by dejning the year of the construction of certain infrastructure.
Future Land Use Element:
Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial
and industrial activities as planned and illustrated on the Future Land Use Map, and by
ensuring adequate sites and timely provision of public utilities and services to stimulate
such growth.
Staff comment: The proposed amendment fu@lLs the objective to provide utilities and
services by dejining the year of the construction of certain infmstructure.
Public Safety Element:
Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response
to all of the urban service area in an average time of 5.0 minutes or less. This standard
shall be met in 90% of all calls and shall be measured on a district basis. The rural service
area shall have an average 8.0 minute response time.
Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to
exceed 1,150 calls per officer per year to serve the urban area. Community policing
philosophy shall be utilized in the urban area and rural crime control strategies shall be
utilized in the rural area.
Staff comment: The proposed amendment.fulfills the objective to provide emergency $re,
rescue and police response by defining the year of the construction of certain
infrastructure that facilitates those objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives
within the Palm Beach County Comprehensive Plan as demonstrated by the
following listed examples from that Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal
transportation system which moves people, goods, and services in a safe, efficient,
convenient and economical manner with minimal adverse impact to the environment.
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s
goal. The CIE defines the year of the construction of certain roadway segments which
allow the City and County to meet LOS while having the development community pay its
pro-rata share.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to
coordinate the timing and to prioritize the delivery of public facilities and other capital
projects; a program that supports the growth management Goal, Objectives and Policies
of the Palm Beach County Comprehensive Plan and encourages efficient utilization of its
public facilities and financial resources.
Staff Comment: The proposed CIE amendment will allow the City to coordinate with the
County on the timing oj-facility, infrastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast
Regional Planning Council’s Strategic Regional Policy Plan as demonstrated by the
following listed goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment: The proposed CIE amendment includes the scheduled construction of a
City thoroughfare roadway which will allow for an additional arterial to the State
designated evacuation roadways. The proposed CIE also has identified a schedule for
certain public safety improvements to improve the Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment: The proposed CIE amendment includes scheduled improvements to the
City’s drainage system to reduce the number of high water and.flooding incidents.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187,
Florida Statutes)
The proposed land-use amendment is consistent with the overall intent of the State
Comprehensive Plan. The following State Goals and Policies are specific examples
of t h a t cons is t e 11 cy :
Public Facilities - Florida shall protect the substantial investments in public facilities
that already exist and shall plan for and finance new facilities to serve residents in a
timely, orderly, and efficient manner.
Staff Comment: The CIE amendment is consistent with the State’s public facilities goal
because the City has developed and will implement a schedule of public ,facility and
infrastructure needs which includes the anticipatedjnancing sources.
Transportation - Florida shall direct future transportation improvements to aid in the
management of growth and shall have a State transportation system that integrates
highway, air, mass transit, and other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of local
roadways that allow for alternate routes to major attractors and act as reliever roads to
Military Trail and PGA Boulevard, both of which are State roads; thus reducing the
need to expand either roadway.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On September 2 1, 2007, the Palm Beach County Intergovernmental Plan Amendment
Review Committee (IPARC) was notified of the proposed amendment as a courtesy to
our neighboring communities.
GENERAL FUND
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditures
SPECIAL REVENUIl FUNDS
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Transfers
Sub to tu I Expenditures
IMPACT FUNDS
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditures
TOTAL REVENUES
TOTAL EXPENDITURES
Balance Carryforward
Current Year Change
Ending Balance
CITY OF PALM BEACH GARDENS
FIVE YEAR PROJECTION
FISCAL YEARS 2008 - 2012
2008 2009 2010 201 1 2012
70,334,623 73,739,4 I4 78,24 1,608 82,129,485 86,602,060
64,404,722 67,800,090 7 1,585,400 75,585,747 793 16,079
I ,93 1,304 1,720,564 3,68 1,300 I ,660,77 I 3,708,154
3,305,955 2,934,392 2,944,7 18 2,730,620 2,935,724
692,642 720,348 749,162 779,128 8 10,293
70,334,623 73,175,394 78,960,580 80,756,266 87,270,250
4,775,664 4,918,934 5,066,502 5,218,497 5,375,052
4,63 1,149 4,87 1,25 1 5,124, I4 1 5,390,526 S,67 1 ,I 55
354,000 299,000 299,000 399,000 899,000
26,000 26,000 26.000 26.000 26.000
5,011,149 5,196,251 5,449,141 5,8 15,526 6,596,155
3,438,540 2,886,876 2,886,876 2,666,665 1,96 1,653
39,800 4 1,392 43,048 44,770 46,560
80,806 75,575
1,690,000 1,29 1,000 9 10,000 250,000
702,373 730,468 759,687 790,074 82 1,667
2,5 12,979 2,138,435 1,712,735 1,084,844 868,227
$ 78,548,827 $ 81,545,224 $ 86,194,986 $ 90,014,647 $ 93,938,765
$ 77,858,751 $ 80,510,080 $ 86,122,456 $ 87,656,636 $ 94,734,632
$ 25,231,903 $ 25,921,979 $ 26,957,123 $ 27,029,653 $ 29,387,664
690,076 1,035,144 72,530 2,358,011 (795,867)
$ 25,921,979 $ 26,957,123 $ 27,029,653 $ 29,387,664 $ 28,591,797
G:\smayer\Long Range Planning Projects\CPTA 07-08-011 - CIE 2007\Feasibility Analysis 2008-2012.xlsx
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RESOLUTION 94,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO
RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR
COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF
THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE
BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
AN AMENDED CONDITION OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
“PARCEL A - SINGLE-FAMILY” WITHIN THE GABLES PLANNED
WHEREAS, on July 18, 2002, the City Council adopted Ordinance 3, 2002,
which approved the rezoning from Planned Development Area (PDA) to a Planned
Community District (PCD) Overlay with an underlying zoning of Residential Low (RL-3),
known as the Gables Planned Community District; and
WHEREAS, on November 21, 2002, the City Council approved 450 multi-family
units in Resolution 206, 2002 and 200 single-family units in Resolution 207, 2002; and
WHEREAS, the City has received an application (MISC-05-05) from Mr. Marty
Minor, agent for Northlake Boulevard, LLC and Gables Construction, Inc. and M/I
Homes, for approval of a request for an extension of the requirement for the completion
of the single-family recreation facility prior to the issuance of the 60” Certificate of
Occupancy (30%) to the issuance of the 97‘h Certificate of Occupancy (50%) for the
single-family homes within “Parcel A - Single-Family” of the Gables PCD, which is
located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard,
and north of Beeline Highway, as more particularly described herein; and
WHEREAS, the site is currently zoned Planned Community District (PCD)
Overlay with underlying zoning of Residential Low 3 (RL-3), and has a future land-use
designation of Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: June 9,2005
I
Date Prepared: June 9,2005
Resolution 94, 2005
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended condition of approval for Parcel A - Single-Family
within the Gables Planned Community District (PCD) is APPROVED on the following
described real property, subject to the conditions of approval contained herein, which are
in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF,
RECORDED IN PLAT BOOK 96 PAGE 194 THROUGH PAGE 199 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND
LYING, IN THE CITY OF PLAM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA.
SECTION 3. Said Site Plan is approved subject to the following conditions,
which shall be the responsibility of the applicant, its successors, or assigns.
Landscaping and Maintenance
1. The single-family main recreation area shall be completed prior to the
issuance of the 97 6Qh Certificate of Occupancy for a single-family unit.
(Planning & Zoning)
2. Prior to the issuance of the first single-family or multi-family Certificate of
Occupancy, the main entry signage and landscaping shall be installed.
(Planning & Zoning)
3. The applicant shall maintain a six (6) foot clearance zone between buildings
while determining the placement of mechanical equipment and accessory
structures. (Planning & Zoning)
Transportation I Traffic Concurrency
4. Pursuant to the terms of Ordinance 10. 2003, Tihe project build-out date is
December 31, 20081. (City Engineer)
5. Prior to the issuance of the first building permit, excluding permits for
clearing of exotic vegetation, the applicant shall submit a Master Sign and
Pavement Construction Plan for review and approval by the City. (Planning
& Zoning)
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Date Prepared: June 9,2005
Resolution 94,2005
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Prior to the issuance of the first building permit, the applicant shall submit to
the City for review and approval a Pavement Marking and Signage Plan
which identifies the location of all proposed signage and markings, such as
stop signdbars, pedestrian crosswalks and signage, directional signage,
etc. A registered engineer licensed in the State of Florida shall certify the
Pavement Marking and Signage Plan. (City Engineer)
Prior to the issuance of the final Certificate of Occupancy, the applicant,
successors, or assigns shall conduct signal warrant studies of the Hiatt
Drive and Northlake Boulevard intersection beginning at the issuance of the
50th Certificate of Occupancy and every six (6) months thereafter until the
issuance of the final Certificate of Occupancy. Should the warrant indicate
a need for a signal, the applicant, successor, or assigns shall be required to
provide a pro-rata share of installation costs as determined by the City
Engineer. (City Council)
Miscellaneous
8. Prior to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Property Owners Association and
Homeowners Association documents for review and approval by the City
Attorney. (City Attorney)
9. Within ninety (90) days from the issuance of the first Certificate of
Occupancy of a dry model, the sales center located off of Northlake
Boulevard shall be removed and the area restored to the approved Planned
Community District (PCD) Buffer Plan. (Planning & Zoning)
10. The applicant, successors, or assigns shall require all homeowners to
maintain a minimum six (6) foot clear zone, within at least one side-yard
setback for each home, which shall be maintained free from air conditioning
equipment, fencing, and landscaping obstructions between all structures.
This restriction shall be incorporated within the Gables Master Declaration
of Covenants, Conditions, and Restrictions and recorded in the public
records as a restriction against the property. Building permits for individual
homes shall show all landscaping, fencing, and mechanical equipment, and
shall show the six (6) foot clear zone. (Planning 81 Zoning)
11. Until such time as the issuance of the certificate of completion for the first
dry model, the applicant, successors, or assigns shall use the sales center
off of Northlake Boulevard for customer parking, and shall use a sales
representative to escort prospective home buyers to the models on site. No
access by the general public shall be allowed to a model unit until the
certificate of completion is issued. (Planning & Zoning, Code Enforcement)
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Resolution 94.2005
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The applicant shall restrict rear screen enclosures to only allow bronze-
colored structures. (Planning & Zoning)
The applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which
consist of the following:
a. The applicant shall provide metal halide lighting within the entire amenity
(recreation) areas and along the spine road. The applicant shall provide
high-pressure sodium lighting within the single-family community not
fronting on the spine roadway around the central lake feature.
b. Landscaping, including long-term tree growth, shall not conflict with
lighting.
c. A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
d. Street and pedestrian walkways shall use lighting that is no greater than
14 feet in height.
e. Numerical addresses shall be illuminated for nighttime visibility, shall
have bi-directional visibility from the roadway, and shall be a minimum of
six inches in height.
f. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (Police)
Prior to the issuance of any building permit, the applicant shall:
a. Provide a street address system depicting street names and residential
numericals for emergency response purposes. Address system
depiction shall be in 8.5" X 11" map format. (Police)
b. Install and have operational, temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models, (City Engineer, Fire Rescue).
c. Provide canopy trees at the rear of the lots along Jog Road extension
(Planning & and Northlake Boulevard in lieu of a cluster of palms.
Zoning)
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Date Prepared: June 9,2005
Resolution 94,2005
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7 proposed models. (City Engineer)
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21 approves the following waivers:
15. The applicant shall post surety prior to the issuance of a building permit for
the model homes for lots 15, 16, and 17 (45-foot models); lots 47 and 48
(60-foot models); lots 47 and 48 (townhouse model lots); and the sales
trailer on lot 5 for the purposes of demolition and lien protection to remain in
effect until the plat is recorded. The amount of the letter of credit shall equal
a total of one-third (113) of the hard costs of construction of all of the
16. Prior to December 31 of every year following said project‘s approval, the
applicant, successors, or assigns shall submit to the Growth Management
Department, Planning and Zoning Division, an annual report of the status of
the project, including, but not limited to, the number of permits issued, the
number of certificates of occupancy issued, and the compliance or status of
any conditions of approval placed on the project by this approval and any
future approval until the project is completed. (Planning & Zoning)
17. All single-family homes shall comply with the design guidelines, which are
attached hereto as Exhibit “6.” (Planning & Zoning)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
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Section 78-141 , Residential Zoning District Regulations, Lot Coverage, to
allow 50% lot coverage. The Land Development Regulations allow a
maximum of 35% lot coverage.
Section 78-141 , Residential Zoning District Regulations, Lot Width, to allow
30-foot lot widths. The Land Development Regulations require a minimum
of 65 feet in width.
Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a
minimum 3,090-square-foot lot area. The Land Development Regulations
require a minimum of 6,500 square feet in area.
Section 78-141, Residential Zoning District Regulations, Front Setback, to
allow for a minimum 12-foot front setback. The Land Development
Regulations require a minimum 25-foot front setback.
Section 78-1 41 , Residential Zoning District Regulations, Side Setback, to
allow for a minimum 0-foot side setback. The Land Development
Regulations require a minimum of 7.5 feet or 10% of the lot width,
whichever is greater, for the side setback.
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Date Prepared: June 9,2005
Resolution 94, 2005
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Section 78-1 41 , Residential Zoning District Regulations, Side Street
Setback, to allow for a minimum IO-foot side setback. The Land
Development Regulations require a minimum of 20 feet for the side street
setback.
Section 78-1 41, Residential Zoning District Regulations, Rear Setback, to
allow for a 5-foot rear setback. The Land Development Regulations require
a minimum 10-foot rear setback.
Section 78-285, Signs for Residential Development, to allow two (2) sign
faces on the entrance signage. The Land Development Regulations allow a
maximum of one (1) sign face per development.
Section 78-498, Minimum Rights-of-way and Pavement Widths, to allow for
a 20-foot minimum right-of-way pavement width. The Land Development
Regulations require a minimum 40-foot right-of-way width.
Section 78-341 , Intent (off-street parking), to allow for on-street parking.
The Land Development Regulations do not provide for on-street parking.
Section 78-441(c), Plat Approval Prior to Dry Model Permits, to allow for the
issuance of building permits for model homes prior to platting. The Land
Development Regulations require that no building permits be issued prior to
recordation of a plat with Palm Beach County.
Section 78-506, to allow for sidewalks on one side of the street. The Land
Development Regulations require sidewalks on both sides of the street.
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SECTION 5. Said Site Plan within a Planned Community District (PCD) shall be
constructed in compliance with the following plans on file with the City’s Growth
Management Department:
October 4, 2002, Site Data and Site Plan by Shah Drotos & Associates,
sheets SP-1 through SP-7.
October 4, 2002, Paving, Grading and Drainage Details by Shah Drotos &
Associates, sheets SP-8 through SP-9.
1.
2.
3. October 4, 2002, Preliminary Engineering Plan by Shah Drotos &
Associates, sheets CE-1 through CE-5.
September 3, 2002, Landscape Plan by Murakami Landscape Architects,
Inc. and Urban Design Studio, sheets L-1 through L-7.
July 2, 2002, Main Entrance Plan by Murakami Landscape Architects, Inc.,
sheet L-8.
4.
5.
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Date Prepared: June 9,2005
Resolution 94, 2005
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6. October 3, 2002, Photometric Plan by KTD Consulting Engineers, sheet ES-
1.
7. June 14, 2002, Typical Lot Landscape Plans by Cotleur Hearing, Inc.,
sheets 1 through 5.
8. June 24, 2002, Recreational Facility Site Plan by Cotleur Hearing, Inc., one
sheet.
9. June 14, 2002, Recreation Area and Open Space Landscape Plans by
Cotleur Hearing, Inc., two sheets.
10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one
sheet.
11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. Bruh,
Architect, sheet 1 of 1.
12. June 10, 2002, Plot Plan for 45’ Lot Homes by MI1 Homes, two sheets.
13. June 10, 2002, Floor Plans and Elevations for 45’ Lot Home Type ‘ID” by M/I
Homes, sheets D-1 through 0-4 (0-2 & 0-4 dated December 20,2001).
14. June IO, 2002, Floor Plans and Elevations for 45’ Lot Home Type “E” by M/I
Homes, sheet E-1.
15. June 11 , 2002, Floor Plans and Elevations for 45’ Lot Home Type “E” by M/I
Homes, sheet E-2.
16. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “E”
by M/I Homes, sheet E-3.
17. June 11 , 2002, Floor Plans and Elevations for 45’ Lot Home Type “F” by M/I
Homes, sheet F-1.
18. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “F”
by MA Homes, sheets F-2 through F-3.
19. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “H”
by M/I Homes, sheets H-1 through H-2.
20. June 11, 2002, Floor Plans and Elevations for 45’ Lot Home Type “J” by M/I
Homes, sheet J-1.
21. December 20, 2001, Floor Plans and Elevations for 45’ Lot Home Type “J”
by M/I Homes, sheets J-2 through J-3.
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Date Prepared: June 9, 2005
Resolution 94, 2005
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22. June 11, 2002, Floor Plans and Elevations for 45' Lot Home Type "K" by M/I
Homes, sheet K-1.
23. December 20, 2001 , Floor Plans and Elevations for 45' Lot Home Type "K"
by MI1 Homes, sheet K-2.
24. June 11, 2002, Floor Plans and Elevations for 45' Lot Home Type "L" by M/I
Homes, sheet L-1.
25. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "L"
by M/I Homes, sheets L-2 through L-3.
26. June 10, 2002, Plot Plan for 60' Lot Homes by MA Homes, one sheet.
27. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2778" by M/I Homes, sheet 1.
28. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2778" by M/I Homes, sheets 2 through 3.
29. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938" by M/I Homes, sheets 1 and 3.
30. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938" by MI1 Homes, sheet 2.
31. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by M/I Homes, sheets 1 and 3.
32. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by M/I Homes, sheet 2.
33. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by MA Homes, sheet 1.
34. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by M/I Homes, sheets 2 through 3.
35. June 10,2002, Plot Plans for Townhouses by M/I Homes, one sheet.
36. December 28, 2001, Floor Plans and Elevation for Townhome Type "1" by
MA Homes, sheets 1-1 through 1-6 (sheets 1-1 and 1-4 dated June 11,
2002).
Date Prepared: June 9.2005
Resolution 94,2005
(The remainder of this page left intentionally blank)
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37. December 28, 2002, Floor Plans and Elevations for Townhome Type "2" by
M/I Homes, sheets 2-1 through 2-6 (sheets 2-1 and 2-4 dated June 11,
3 2002).
38. December 28, 2002, Floor Plans and Elevations for Townhome Type "3" by
M/I Homes, sheets 3-1 through 3-6 (sheets 3-1 and 3-4 dated June 11,
7 2002).
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
9
Date Prepared: June 9,2005
Resolution 94.2005
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PASSED AND ADOPTED this 7T” day of TJ LY ,2005.
CITY OF PALM BEA
BY:
ATTEST:
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYORRUSSO
VICE MAYOR JABLIN
J
J
---
---
COUNCILMEMBER LEVY J--
L/ COUNCILMEMBER VALECHE ---
J COUNCILMEMBER BARNETT ---
G:bttorney-share\RESOLUTIONS\gables doa - reso 94 2005.doc
10
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
SUPPORT DOCUMENT
TABLE OF CONTENTS
Section
List of Tables
I. INTRODUCTION
Purpose
Projected Growth
II. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Location and Timing
Existing Sources of Revenue and Expenditures
Taxes
I nte rgove rnmental Revenues
Charges for Services
Fines and Forfeitures
Miscellaneous Revenues
Other Miscellaneous Revenues
Special Assessments
Borrowing
Grants
Data Analysis
Fiscal Implications of Existing and Projected Deficiencies
Assessment of Ability to Finance Improvements
Page
TABLE OF CONTENTS (continued)
I I I. CAPITAL IMPROVEMENTS IMPLEMENTATION
Transportation
Sanitary Sewer and Potable Water
Solid Waste
Surface Water Management
Recreation
Public Safety
Implementation Programs
IV. MONITORING AND EVALUATION
LIST OF TABLES
Table Page
9-1 Level-of-Service Standards
9-2 Projected Revenues
9-3 Debt Service Data and Ratios
9-4 Five-Year Schedule of Capital Improvements for
which the City has Financial Responsibility
9-5 Recreation Facility Standards
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
SUPPORT DOCUMENT
1. INTRODUCTION
Purpose
Section 163.31 77 (3), Florida Statutes, 1987 Ed., requires all local comprehensive plans
to contain a “...Capital Improvements Element designed to consider the need for and
the location of public facilities in order to encourage the effective utilization of said
facilities”.
The purpose of the Capital Improvements Element is then to implement the provisions
of the City of Palm Beach Gardens Comprehensive Plan by:
1.
2.
3.
4.
5.
6.
7.
Using timing and location of capital projects to provide services to support growth
in areas where the City can efficiently and effectively provide services, and to
avoid placement of capital facilities in locations which would promote growth in
areas which cannot be efficiently served.
Establishing a system of examining and assigning priorities to the needs of the
City, assuring the most essential improvements are provided first.
Coordinating the timing and location of capital improvements with other local
governments, special districts, and state agencies to maximize the benefit from
public capital improvement expenditures, minimize the disruption of services to the
public, and implement land use and infrastructure decisions.
Allowing time in advance of actual need to provide for sufficient facility planning,
design, and construction.
Coordinating financial planning to maximize the benefit of public funds.
Providing cost information on a timely basis for the evaluation and formulation of
alternative financing prog ra ms .
Providing for a concurrency management program.
1
Proiected Growth
Table 1-1 indicates the permanent population of the City of Palm Beach Gardens is
projected to increase 21% over the period 2000 to 2005. However, a large demand for
public facilities will come from those persons who will travel from surrounding
communities to work or shop in the ever-increasing commercial and mixed-use
developments that are projected to occur during the same time period.
2
II. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Level-of-Service (LOS) standards are indicators of the extent or degree of service
provided by, or proposed to be provided by, a facility based on and related to the
operational characteristics of the facility. LOS standards indicate the capacity per unit
of demand of each public facility. They are, in short, a summary of existing or desired
public facility conditions.
Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code (FAC), now
require LOS standards to be included for public facilities addressed by local
governments in their comprehensive plans. Specifically, these LOS standards will be
established for the purpose of issuing development orders or permits to ensure that
adequate facility capacity will be maintained and provided for future development.
LOS standards can affect the timing and location of development by encouraging
development in areas where facilities may have excess capacity. On the other hand,
development will not be permitted unless needed facilities and services are provided
concurrent with the impact of the development. However, such provision and
development may occur in phases over time.
The City is divided into two distinct service areas by the Urban Growth Boundary. This
boundary, which is currently located at the Loxahatchee Slough, separates the City into
the ”urban” area to the east and the “rural” area to the west. The City has established
dual LOS standards for the distinct urban and rural areas of the City. The urban area is
served by a full complement of public services and facilities where efficient and cost-
effective service delivery can be accomplished. The rural area has limited services.
Land uses in the rural area will receive public services at levels coinciding with the
desired rural characteristic of the area. Some services/facilities, such as recreation
facilities, will not be provided within the rural area at all. Table 9-1 contains LOS
standards for the City of Palm Beach Gardens which will be used to evaluate and
monitor the implementation of this Comprehensive Plan:
3
Table 9-1
LEVEL OF SERVICE STANDARDS
TRAFFIC CIRCULA TlON
Facility Type
Neighborhood Collector
City Collector
County Minor Arterial
State Minor Arterial
State Principal Arterial
FlHS Roads
Beeline Highway
Excepted Links per Table 2A
SEWAGE SERVICE
SOLID WASTE
Generation per capita:
Collection:
D RAlNA G E
WATER SERVICE
URBAN AREA RURAL AREA
LOS for Peak Period in Peak Season
D
D
D
E
D
D
D
SANITARY SEWER
107 gallons per day
per capita
7.1 3 Ibs per day
Twice per week
3 day, 25 year event
event
POTABLE WATER
191 gallons per day
per capita
RECREATION AND OPEN SPACE
3.7 acres of improved
neighborhood and
community parks
per 1,000 permanent
res id e nt s
SEPTIC TANKS
Per DEP and Public
Health Department
Regulations
7.13 Ibs per day
Once per week
3 day, 25 year
WATER WELLS
Per DEP and Public
Health Department
Regulations
D
D
D
E
D
C
Park and recreation
facilities will be located
to serve the entire city
population, and in most
cases will be in the urban
area.
4
PUBLIC SAFETY
Fire/E M S
Police :
PUBLIC SCHOOLS
Location and Timing
5 minute response
time to 90% of all
calls, on a district basis
Require well- ba sed
sprinklers for all
structures; fire service with
tanker trucks; 8 minute
average response time.
I1 50 service calls per
officer crime control strategies
per year;
Community Policing Philosophy
Zone patrol based on rural
llOo/~ utilization rate or up to 120%, per Policies
11 .I .I .I and 11 .I .I .4 of the PSF Element
Location and Timing of Services and Facilities
As well as divide the City into distinct service areas, the Urban Growth Boundary (UGB)
shall be used to guide the timing and location of construction, extension, or increases in
capacity of each public facility. Generally, public services shall not be extended at
urban levels of service within the rural area. A super majority vote of Council is required
to approve the extension of urban services or use of alternative service mechanisms in
the “rural” area. The Loxahatchee Slough provides a physical divide in the City.
Extension of most services and facilities west of the Slough will not be as cost-effective
as in the urban area. The difference in the cost of service delivery should be borne by
the use. While the Slough represents the logical boundary between urban and rural, the
location of the UGB may be evaluated every five years with the Evaluation and
Appraisal Report. Redesignation of the UGB must be supported by data which
demonstrates, at a minimum, the logical extension of services and facilities west of the
Slough, the availability of facility capacities to serve additional land uses, and the
appropriate timing of service extension given the amount and location of developed land
in the existing urban area.
Growth Strategies
The City’s Future Land Use Map and accompanying growth strategies prevented urban
sprawl within the community during the Evaluation and Appraisal Report period (1990-
2003). However, much of the credit to preventing urban sprawl can be given to the
City’s concurrency management system and market conditions.
The City had used a Planned Development Area (PDA) zoning designation as the
mechanism for the Comprehensive Plan growth strategy. The designation had been
applied to all undeveloped land in the City, which have no active development order
other than vested status granted by the City or Palm Beach County.
5
The PDA zoning designation created a “holding zone” for these areas until development
is requested. Theses areas can only be developed as a Planned Community District or
Planned Unit Development. This allowed for more innovative and beneficial projects
being approved by the City and subsequently developed.
Environmental lands within the City received additional protection during the evaluation
period as Palm Beach County began the negotiating process to purchase approximately
10,715 acres of environmentally-sensitive lands in the City through the County’s
Environmentally Sensitive Lands Acquisition Program. This land, which is
approximately 31 percent of this City’s acreage, will be set aside for conservation
purposes. This will preserve these environmentally-sensitive lands from future
development pressures.
In addition, the City adopted its Natural Resources and Environmentally Significant
Lands Code in 1993. This code calls for the minimum 25% preservation of upland
native plant communities within a proposed development site. The Code also calls for
the preservation of wetlands, and it allows the mitigation of wetlands only if specific
criteria are met. Since the Code adoption, all developments have been required to
preserve large quantities of environmentally-sensitive lands on the development sites.
The City Codes not only help prevent urban sprawl within the community, they also
preserve the City’s natural resources.
In addition to the PDA concept, the UGB concept is an implementation strategy that
controls growth by specifying the type and level of public services that will be provided
in the rural and the urban areas. Persons and businesses desiring a full complement of
services should locate east of the UGB within the urban area.
Existing Sources of Revenue and Expenditures
The City of Palm Beach Gardens has available to it a number of revenue sources for
operating costs and capital improvements.
Most of these sources are discretionary and may be used by the City for whatever
purpose deemed appropriate, while other sources may be used only for specific
programs. Therefore, except for the designated funds, the City uses a lump sum total
for all discretionary funds for budgeting purposes and does not assign specific
discretionary revenue sources to specific expenditures.
The following section lists revenue sources currently available to the City and indicates
whether their use is discretionary or dedicated.
6
Taxes
Ad Valorem Taxes
Ad valorem, or property taxes, are based on two types of property: real property (land
and improvements) and tangible personal property (business fixtures, equipment, and
machinery). Ad valorem tax rates are expressed as a millage rate, which is applied to
taxable values to calculate the property tax to be paid. One mil is the equivalent of $1
per $1,000 of assessed value or 0.1 percent. Revenue from the ad valorem taxes may
be used to fund both operating expenditures and capital projects.
The value of property for tax purposes is established by the County Property Appraiser,
an elected and constitutionally established officer. All property is appraised at its just
value according to Sections 192.042 and 193, Florida Statutes, limiting each taxing
entity to a maximum millage of 10 mils, excluding voter-approved debt service.
Current Status: Ad valorem revenues represent the City of Palm Beach Gardens’
largest single revenue source. These funds are discretionary in their use. The City
millage rate, excluding voter-approved debt service, for fiscal year 1997-1 998 is 3.91 47.
The 1997-1998 aggregate assessed value is $3.089 billion, a 5.0% increase over the
previous fiscal year. The increase is due to re-evaluation of existing construction and to
new construction.
The total City taxes, including noted debt for FY 97/98, are expected to be $12.298
million.
Local Option Tax
The State provides for a twelve-cent local option gas tax. State statutes call for the
revenue to be used for transportation expenditures. In Palm Beach County, all twelve
cents of the local option gas tax are currently being used to finance the five-year road
program. The County receives approximately two-thirds of the local option gas tax
revenues; the remaining one-third is shared locally among municipalities based on
interlocal agreements.
Current Status: The twelve-cent local option gas tax generates approximately $48.5
million per year. Palm Beach Gardens receives over $400,000 annually.
Franchise Tax
Franchise taxes are levied on the revenues received within the City by Florida Power
and Light, Southern Bell and Telegraph, Adelphia Cable Television Company, and the
Solid Waste Authority.
7
Current Status: Franchise taxes generate approximately $2.363 million annually.
Licenses and Permits
These fees are collected by the Planning and Zoning, Building, and Code Enforcement
Divisions for the issuance of building permits, occupational and contractor licenses, and
plan reviews.
Current Status: Approximately $3.52 million per year is generated by these fees. The
use of these funds is discretionary.
Intergovernmental Revenues
State Sources
The City of Palm Beach Gardens receives annual disbursements from the State of
Florida to supplement its annual operating and capital budget revenues. The City
currently receives shares of the State’s cigarette tax, alcoholic beverage tax, half-cent
sales tax, and other miscellaneous State-shared revenues. These revenues contribute
approximately $2.277 million annually to the City.
Current Status:
Cigarette Tax - Cigarettes are currently taxed at 33.9 cents per pack, of which 5.8% of
the net collections is placed in a Revenue Trust Fund for cities. The City of Palm Beach
Gardens received approximately $1.8 million in fiscal 1994.
Alcoholic Beverage Tax - This fund generates approximately $24,000 annually in
revenues for the City.
Half-Cent Sales Tax - The current sales tax in Florida is 6% and is levied upon retail
sales, commercial rental, admission fees to entertainment facilities, and motor vehicles
sales. One-half cent is returned to municipal governments. The City of Palm Beach
Gardens receives $1.5 million annually.
Mobile Home Licenses - This fund generates approximately $1 5,000 annually in
revenues for the City.
County Occupational Licenses - These licenses contribute approximately $65,000
annually for the City.
Other State-Shared Revenues - This category includes all other miscellaneous State-
shared revenue sources such as fuel tax refund, motor vehicle licenses, motor boat
licenses, beverage license tax, and insurance license tax. These revenues total
approximately $500,000 annually for the City.
8
Charqes for Services
User charges are designed to recoup the costs of public facility services by charging
those who directly benefit from them. They are employed in many areas of local
government service to defray the cost of constructing and maintaining public facilities
and are a common source of funds for paying off revenue bonds.
As a tool for affecting the pace and pattern of development, user charges may be
designed according to the quantity and location of the services provided.
Current Status: The City of Palm Beach Gardens collects fees for the use of cultural
and recreation facilities such as swimming pools and tennis courts. These fees
generate approximately $40,000 in revenues annually. In addition, fees are currently
being collected for EMS transport, false alarms, engineering, parkway tree sales,
administrative services, and the use of the City’s golf course. The golf course fees
amount to approximately $1.8 million annually, while the other fees contribute
approximately $1.4 million annually to the City.
Fines and Forfeitures
The City collects $200,000 annually for minor violations of City ordinances and
regulations.
Miscellaneous Revenues
Impact Fees
Impact fees, as they have been used in Florida, assess to new development a pro rata
share of the cost of providing the additional public facilities required to meet the needs
of the new development. These fees are designed to pay for infrastructure needs, but
not operating costs, which result directly from new development. In order to comply
with legal standards, impact fees must be reasonable (fairly reflect the cost of the
improvements) and equitable.
Current Status:
Road Impact Fee - The City currently collects a Road Impact Fee for Palm Beach
County. These funds are transferred to the County for transportation improvements in
the County’s Zones A through D. Approximately $1 .I million are added annually to this
fund. Currently, the City is considering a city road impact fee for fiscal year 1998/1999.
No fee generation figures are available.
9
In 1995, the City began to collect impact fees from new development for police and fire
protection. It is estimated that a total of $80,000 will be collected during the 1995/1996
fiscal year. No projections have been made for these revenues. The City’s Code of
Ordinances was recently amended by Ordinance 39, 1997 to include EMS and park and
recreation facility impact fees and increase police and fire protection impact fees. No
collected dollar amounts are yet available for these revenues. However, according to a
memorandum by James Duncan and Associates, the increase in police and fire fees is
expected to raise annual revenues by 100% to 123%. The commencement of the park
and recreation facility impact fee is anticipated to increase annual revenues by 54%.
Interim Service Fees
Interim service fees are collected from all new development prior to their addition to the
tax roles. The funds are used to finance solid waste disposal services and amount to
more than $30,000 annually in the City.
Interest
The City pools significant amounts of cash and investments so as to maximize earnings
and facilitate management. Cash and investments of certain funds are maintained
separately due to legal and bond requirements. The interest earnings of each fund are
dedicated back to the fund which provided the invested case.
Current Status: The City currently earns approximately $600,000 annually in interest.
Other Miscellaneous Revenues
Current Status: Approximately $1 50,000 in various revenues is anticipated annually for
the City.
S De c ia I Assess men ts
Special assessments are levies approved against certain properties which will directly
benefit from a new service or facility. Revenues from special assessments help defray
the cost of specific improvements on services. These improvements on services are
presumed to be of general benefit to the public and of special benefit to the assessed
pro perties themselves .
Current Status: The City of Palm Beach Gardens levies no special assessments
currently. However, several special assessment districts under the jurisdiction of the
North Palm Beach County Improvement District (NPBCID) are located within the City
limits. The assessments in these districts would pay for roads, canals, and stormwater
management systems within large developments such as PGA National, Frenchman’s
10
Creek, and the Regional Shopping Center. The MacArthur Foundation has proposed
establishing special assessment districts in the areas that are to be annexed by the City
of Palm Beach Gardens. The NPBCID would collect the assessments and fund the
construction of the roads, canals, stormwater management system, and the proposed
naturelpedestrian trails. Growth would then pay for itself. Some revenues, however,
would be shared with the cities to improve existing arterials.
Borrowing
General Obligation Bonds
These bonds are backed by the full faith and credit of the local government and may be
issued only if approved by voter referendum. General obligation bonds are among the
most stable financial instruments and are available to individual and institutional
investors at low interest rates. Revenues collected from ad valorem taxes on property
and other sources of revenue, including sales taxes, are used to service the
government's debt. Capital improvements financed through general obligation bonds
should benefit the entire community rather than particular areas or groups.
Current Status: The City issued a bond in the amount of $4,400,000 in December 1996
to partially pay for the cost of a new City Hall, police station, an addition to the main fire
station, recreational improvements to Gardens Park, and the acquisition of Westminster
Presbyterian Church. The bonds have an interest rate of 4.959'0, and principal
payments will be made from December 1, 1997, through December 1, 2016. More
bonds will continue to be issued through September 1997 until a total of $12 million -
$14 million in obligation is reached.
Revenue Bonds
Revenue bonds can be broken down into two categories: nonself-supporting debt and
self-supporting debt. Non-self supporting debt refers to those bond issues which are
supported from specific revenue sources other than property taxes and enterprise
earnings. Self-supporting debt refers to bonds of enterprise operations which generate
sufficient revenues to meet the debt service requirements.
Revenues obtained from the issuance of these bonds are used to finance publicly-
owned facilities. Charges collected from users of these facilities are used to retire the
bond obligation. Interest rates tend to be higher than those of general obligation bonds,
and the issuance of the bonds may be approved by the City Council without voter
referend um.
Current Status: A revenue bond was issued in 1990 for the purchase of the City's golf
course for approximately $8.1 million. As of September 1996, the City had an
outstanding balance of $7.5 million, with an interest rate which varied from 6.6% to
7.25%.
11
The City of Palm Beach Gardens is eligible to apply for both federal and state grant
funding. Grants are awarded to local governments for community and social service
needs and capital improvements. These grants may be received directly or may be
passed through from an agency to be administered by the City in accordance with
appropriate guidelines.
Current Status: The City received $1 50,000 from the State of Florida for the conversion
to natural gas fuel for City vehicles. In fiscal year 1997/1998, the City will receive
$210,000 from the State for the construction of a fueling station at the public works site.
Data Analysis
Local Practices for Guidinq Public Facility Improvements
The City of Palm Beach Gardens uses the annual budgeting process to identify capital
improvements and staffing requirements. Each of the City’s departments identifies
staffing and capital improvement needs they wish to have funded in the next fiscal year.
The City Manager assembles all funding requests and presents a prioritized list to the
City Council. The Council then holds public hearings, hears public input, and then votes
on the improvements and staffing levels to be adopted as part of the City’s budget
process.
Not included in the process are capital improvements that are funded through long-term
bonds or services and facilities that are provided by private suppliers and other public
agencies. The direct costs of these facilities are paid for by the service user through
impact fees, users fees, or other special assessment.
The City prioritizes requests for capital improvements using two factors: the immediate
need for improvement and the availability of funds. Those improvements, which if not
completed will have significant impact on public health, safety, and welfare, take priority.
Additionally, adopted LOS standards will guide the location and timing of capital
improvements to support efficient development and the goals, objectives, and policies of
the Future Land Use Element. The plans of other agencies, including the South Florida
Water Management District, Palm Beach County Traffic Division, and Seacoast Utility
Authority will also be considered and will assist in guiding the location and timing of
capital projects. Those improvements for which a specific revenue source is available
are given priority over those requiring discretionary funds. The amount of discretionary
funds available and the need for the improvement will determine which of the remaining
improvements will be funded.
12
Fiscal Implication of Existing and Projected Deficiencies
Existing and Project Deficiencies
As discussed in other elements of this Comprehensive Plan, the City of Palm Beach
Gardens has no existing deficiencies. However, there are projected needs in parks and
recreation facilities and police and fire/EMS services. It is expected that impact fees
and developer contributions will meet most of these needs; however, a bond issue may
be necessary for a new fire station.
Police, fire/EMS, and parks/t-ecreation impact fees will ensure that growth will pay its pro
rata share of facility improvements. The impact fees will also ensure that no negative
fiscal impacts will be incurred by the City. The recreation needs, costs, and revenues
and police and fire needs, costs and revenues are discussed in more detail in the
Capital Improvements Implementation section of this Element.
Public Education and Health Facilities
The City Council adopted an interlocal agreement between the municipalities of Palm
Beach County, Palm Beach County, and the School District of Palm Beach County on
December 21, 2000. This interlocal agreement established a county-wide public school
concurrency requirement to limit public schools from overcrowding. This agreement
included requirements for intergovernmental coordination, planning for new school
facilities, schools opening concurrently with residential developments, and the ability of
the School District of Palm Beach County to review all development order requests for
consistency with the district’s Five-Year Capital Facilities Plan.
As required by the interlocal agreement, on December 6, 2001, the City Council
adopted a Public Schools Facilities Element in the Comprehensive Plan. The purpose of
this element is to ensure that adequate public school facilities exist for student growth.
This element is implemented by utilizing the adopted Level of Service Standards (LOS)
for school capacity. The element also takes into account demographic changes,
population growth, and development trends.
The School Board of Palm Beach County has three elementary schools, two middle
schools, and two high schools within the City of Palm Beach Gardens. Palm Beach
Gardens Elementary on Riverside Drive generally serves the northwestern portion of
the City. Allamanda Elementary on Allamanda Drive provides educational services east
of the FEC railroad tracks. Timber Trace Elementary generally serves the City’s
developing areas north of PGA Boulevard. Other portions of the City are served by
schools within the boundaries of North Palm Beach. Howell Watkins Middle School on
MacArthur Boulevard, Watson B. Duncan Middle School off Central Boulevard, Palm
Beach Gardens High School on Holly Drive, and Dwyer High School on North Military
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Trail serve students citywide. The School Board establishes school attendance
boundaries to achieve racial balance objectives. As a result, proximity to a school is not
an indicator of attendance assignment to the school.
A branch campus of Palm Beach Community College, located on PGA Boulevard east
of AlA, provides continuing education services to the northern portion of Palm Beach
County. On February 19, 1999, the City Council approved plans that expanded this
facility. The expansion included a 12,000 square-foot edu-care facility and a 32,000
square-foot media technology center.
Florida Atlantic University has recently opened the Macarthur campus at the Abacoa
Town Center in Jupiter. This full service campus is utilized by residents of the City and
surrounding areas.
Palm Beach Gardens Medical Center on Burns Road is the primary health care facility
within the City. This facility provides health and emergency care services to the
residents of the City and the surrounding areas. A multi-phase expansion project began
on May 12,1997, and was completed on December 5, 1997. This expansion included a
cauterization laboratory and an expansion of the intensive care unit.
Assessment of Ability to Finance Improvements
General Budget
Although the City of Palm Beach Gardens has few projected facility deficiencies for
which it is responsible, revenue and expenditure projections are important for the
planning of improvements and programs it wishes to undertake. The most important
source of revenue is the ad valorem tax. Although the City’s millage rate has decreased
slightly since 1987, the assessed valuation has continued to increase. The major
factors which have influenced the increase in assessed property values are the
revaluation of existing construction, land adjusted to current market values, the addition
of developed properties in annexation areas, and new construction which is added
annually to the tax rolls.
Of Florida cities with greater than 25, 000 residents, Palm Beach Gardens is the fastest
growing municipality (by percentage) in the State. According to the University of Florida
Bureau of Economic and Business Research (BEBR), the City’s population grew
38.95% from1 990-1 996. This statistic is supported by the City’s records of single-family
building permits issued between 1990 and 1995. Based on a high of 1,517 and a low of
505 permits issued, the average was 761 permits per year. The City is witnessing the
addition of 800 single-family residences valued at $250,000 to over $1 million, 400
multi-family units, and over 600,000 square feet of commercial space per year. Total
projected revenues from all sources are shown in Table 9-2.
14
Net General Obliqation Debt to Taxable Property Values
The first ratio presented in Table 9-3 is the ratio of net general obligation debt to taxable
property values. This ratio indicates the proportion of general obligation debt, net of any
debt service reserves, to the taxable values that can be assessed to support that debt.
Ratios in the range of 3% to 5% are considered acceptable. Palm Beach Gardens
currently has a ratio of 0.01%. This ratio is projected to increase to 0.31% in fiscal year
1996/1997, and then increase once again in 1998 with the expected issuance of bonds
to finance construction of a fire station, public works facility, and the purchase of a
district park.
Net General Obligation Debt Per Capita
This ratio indicates the net amount of general obligation debt per person in the City. Per
capita debt ratios of $300 to $500 are considered acceptable. The City’s current ratio in
fiscal year 1995/1996 was $7.18. It is projected to increase significantly in future years
(to $495.34 by fiscal year 1998/1999).
111. CAPITAL IMPROVEMENTS IMPLEMENTATION
This section addresses public facility deficiencies for which the City has financial
responsibility in accordance with Rules 9J-5.005 (1) (c) and 9J-5.016 (4), Florida
Administrative Code. As discussed in the other elements of this Comprehensive Plan,
there are only limited facilities for which the City has financial responsibility. These
include all local roads and two collectors, a limited drainage network, police, fire/EMS,
and recreational facilities. Major transportation links and potable water, sanitary sewer,
solid waste, and drainage systems are under the jurisdiction of other public agencies.
Thus, while some of these systems have existing and projected deficiencies, they are
the financial responsibility of other agencies. As a result, these system deficiencies will
not be addressed in this section.
Transportation
All arterial roads within the City belong to either the County or the State. The City is
responsible for only the local streets and two collectors. Only one of these City facilities
has either an existing deficiency or a deficiency projected within the next five years. As
is discussed further in the Transportation Element, Burns Road cannot be expanded to
its planned cross-section until 1-95 is widened and the Burns Road underpass is of a
width appropriate for a four-lane collector. This 1-95 improvement will not occur within
15
the next five years; therefore, Burns Road is a temporarily constrained facility. The only
expenditure necessary for the City-owned street system is ongoing maintenance. The
maintenance costs are covered under the operations portion of the City budget and do
not meet the cost threshold ($50,000) established by this Comprehensive Plan to be
class if ied as capita I imp rove men t s .
The City’s traffic standards, concurrency management system, and the Countywide
Traffic Performance Standards require deficiencies and needs to be met prior to
additional impact. Should project-generated roadway needs occur in the future, the City
shall require as a condition of approval, all improvements to be programmed for
completion or be carried out by the specific development(s).
Sanitary Sewer and Potable Water
The potable water and sanitary sewer systems within the City are owned by the
Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under
private ownership but was purchased by a consortium of cities, including Palm Beach
Gardens and the County. However, the Utility Authority is a separate entity with its own
revenues, expenditures, and staff.
Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the
operation, maintenance, or expansion of the potable water or sewer systems.
Solid Waste
Through the use of an independent contractor, the City of Palm Beach Gardens
provides residential solid waste pick up. However, under statutory agreement, all solid
waste generated in the City must be taken to facilities owned and operated by the Solid
Waste Authority of Palm Beach County (SWA). Thus, the City has no financial
responsibilities for any sold waste disposal facilities.
Surface Water Management
The City owns portions of a small drainage system located in the oldest portions of the
City. No existing deficiencies have been identified, as the existing development meets
the established LOS standards. While the areas served by the facilities are almost built
out, any redevelopment or new development will conform to the LOS standards
established for new development. Therefore, no deficiencies are projected. Sub-basin
drainage studies and post-October 1995 flood system assessments may identify
improvements needed to maintain level of service. A few of these improvements may
be needed in the City’s limited portion of the surface water management system. At this
time, the only expenditures necessary for the system are ongoing maintenance.
16
The maintenance costs are covered under the operations portion of the City budget and
do not meet the cost threshold ($50,000) established by this Comprehensive Plan to be
classified as capital improvements.
The remainder of the drainage system in the City is under the jurisdiction of the
Northern Palm Beach County Improvement District (NPBCID) which is responsible for
the system operation, maintenance, and expansion. Existing development conforms to
the established LOS standards; therefore, no deficiencies have been identified. All
future development areas of the City are expected to be serviced by NPBCID systems.
These systems shall meet the LOS standards for new development.
Recreation
The City of Palm Beach Gardens is entirely responsible for providing recreation facilities
to residents of the City. The County provides some regional facilities in areas near the
City; however, the recreation LOS standard established by this plan includes only City-
owned neighborhood and community facilities. Therefore, the City is solely responsible
for insuring the LOS standard is met.
Table 7-5 in the Recreation and Open Space Element Support Document of this
Comprehensive Plan indicates the City will have needs for additional improved park
land during the next five years. As discussed in that element, this deficit is to be made
up through new development dedications and fees collected through the recently-
enacted recreation impact fee. The recreation impact fee is to be designed such that all
new development will contribute land and/or funds at a level necessary to maintain the
adopted LOS of 3.7 acres of park land improved with recreation facilities per 1,000
permanent residents.
Table 9-4 indicates the amount of acreage and expenditures needed to address the
projected parks and recreation deficit. As the table shows, there are some land needs
beginning in the year 2000. This deficiency may be eliminated through the
improvement of an 8-acre parcel on Howell Lane that was dedicated to the City for
recreation purposes, yet remains vacant. The City also has a 9-acre parcel which it just
purchased on Lilac Street which is being planned for recreation facilities. Improvement
of this site will eliminate the projected deficiency in 2001, and reduce the need in 2002.
The acreage needs are calculated by multiplying the projected population for each year
by the adopted LOS and then subtracting the inventory from the previous year. The
population projections are for the permanent population as shown in Table 1-2 of the
Future Land Use Element. The precise location of the proposed park improvements
cannot be shown at this time since the park sites will be acquired and developed as the
vacant land is developed. Almost all of the park improvements shown in Table 9-4 are
expected to be located east of the Florida’s Turnpike with a majority located east of 1-95.
All of the recreational improvements, as shown in Table 9-4, are consistent with other
elements of the Comprehensive Plan.
17
The cost per acre presented in Table 9-4 is calculated by adding the projected land
costs plus improvement costs. For the purposes of this calculation, land is estimated to
average $60,000 per acre and improvements at $95,000 per acre for a total of $1 55,000
per acre improved recreation facilities. The land costs used herein are based on the
average value of an acre of land within the City.
The facility improvements costs are based on the estimated development costs of an
acre of park land according to calculations derived for the parks and recreation impact
fee. Depending on the amount of land and number of facilities obtained and improved
at any one time, economies of scale are expected that may either reduce or exceed
these projected costs.
Larger-sized parks are more in keeping with the City’s current desire to develop more
large-scale, full-service community centers. The City is currently working on a parks
and recreation master plan which will identify future park sites and desired facilities.
The loss of the municipal complex park and recreational facilities contributes to the
ongoing capital need. Table 9-5 identifies the ideal level of improvements that the City
would like to offer to its residents. These are objectives which are used for facility
planning and annual budgeting purposes. The City would like to be in a situation where
it can adopt these objectives as formal LOS standards in the Comprehensive Plan.
Until the facilities that are eliminated due to the municipal complex are replaced, the
City is not prepared to formally adopt these objectives.
Public Safety
The Future Conditions section of the Public Safety Element identifies fire stations, police
facilities, and equipment that will be required as capital projects to maintain the adopted
levels of service as Palm Beach Gardens develops (Tables 10-4 and 10-8). These LOS
standards will not be a requirement of the concurrency management program.
Approximately 23% of the City is currently vacant or undeveloped. The development of
these areas, with the inclusion of parcels through annexation, will necessitate additional
public safety services and facilities. The City shall undertake measures to ensure that
adequate land and equipment is available for police, fire, and emergency assistance
facilities to serve its current and future residents. The Police and Fire Departments are
funded primarily through ad valorem taxes. The use of impact fees is the preferred
method to ensure that new development offsets the need for public services created by
such development.
Additional capital expenditures will be necessary to maintain the adopted levels of
service (Table 9-4). These have been projected based upon the adopted urban LOS
standards of 1 ,I 50 service calls/responding officer and a five-minute response time to
90% of all calls, per district. Police and fire capital costs have most recently been
estimated for Palm Beach Gardens in a “Fire/EMS, Police and Park Impact Fee Study”
18
prepared by James Duncan and Associates, May 1997. These costs are expected to
be met by fees collected through police and fire/EMS impact fees. The new station
needed to serve District 3 is expected to be funded via a bond issue. Should the bond
issue fail, the City will need to fund this capital project with general revenues which will
most likely necessitate a tax increase.
implementation Programs
The most obvious tool to implement the Capital Improvement Element is the capital
improvements program which the City will update on a regular basis. Additionally, in
accordance with the goals, objectives, and policies of the elements of this
Comprehensive Plan, the City will maintain or adopt new land development regulations
and procedures to ensure the levels of service standards adopted by this Plan are met
or exceeded. These regulations and procedures will require that all public facilities
necessary to service new development at the adopted LOS standards are available
prior to or concurrent with the impacts of the new development. Furthermore, the
regulations will be designed to simplify and streamline the existing regulatory programs.
The regulations and procedures to be maintained or newly adopted include, but are not
limited to:
traffic (City road impact fees yet to be adopted) and recreation impact fee
o rd i na nces ;
revised development application procedures which require an assessment of the
ability of existing facilities to accommodate proposed development;
regulations which permit the phasing of development in concert with the provision
of necessary public facilities;
the preparation of a capital improvements budget as part of the City’s annual
budget to ensure all facility deficiencies are identified and addressed;
an annual monitoring and evaluation process to update the capital improvements
element and any deficiencies addressed therein;
the prioritizing of capital expenditures to ensure facility deficiencies take priority
over non-health and safety capital projects;
an assessment of the City’s fiscal capabilities to schedule and implement capital
improvement projects; and
an annual review of the Comprehensive Plan for significant changes in growth
projections and/or facility requirements.
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These regulations and procedures are identified in more detail in the goals, objectives,
and policies section of each element of this Plan, plus other sections of the text of this
Element. In all cases, the City will not approve development which would cause the
public facilities addressed by this Comprehensive Plan to operate below their adopted
LOS standards.
IV. MONITORING AND EVALUATION
Chapter 163, Florida Statutes, requires the Capital Improvement Element to be
continuously monitored and evaluated.
Therefore, this Element will be reviewed on an annual basis to ensure that required
fiscal resources will be available to provide the public facilities needed to support the
adopted LOS standards.
The annual review will be the responsibility of the City Manager, the City Finance
Director, the Local Planning Agency, with assistance by the Growth Management
Department. This group’s findings and recommendations will be presented to the
Mayor and City Council at a public meeting. The City Council will then direct staff to
take appropriate actions based upon the review committee’s findings and
recommendations.
The City, in conducting its annual review of the Capital Improvements Element, will
consider the following factors and will amend the Element accordingly:
1.
2.
3.
4.
5.
6.
7
Any corrections, updates, and modifications concerning costs; revenue sources;
acceptance of facilities pursuant to dedications which are consistent with the
Element; or the date of construction of any facility enumerated in the Element.
The Capital Improvement Element’s consistency with other elements of the
Comprehensive Plan and its support of the Future Land Use Map.
The priority assignment of existing public facility deficiencies.
The City’s progress in meeting those needs determined to be existing deficiencies.
The criteria used to evaluate capital improvement projects in order to ensure that
projects are being ranked in their appropriate order of priority.
The City’s effectiveness in maintaining the adopted LOS standards.
The City’s effectiveness in reviewing the impacts of plans and programs of State
agencies and water management districts that provide public facilities within the
City’s jurisdiction.
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8.
9.
IO.
11.
12.
13.
The effectiveness of impact fees for assessing new development a pro rata share
of the improvement costs which they generate.
The impacts of special districts and any regional facility (DRI) and service
provision upon the City’s ability to maintain its adopted LOS standards.
Efforts made to secure grants of private funds, whenever available, to finance the
provision of capital improvements.
The transfer of any unexpected account balance.
The criteria used to evaluate proposed plan amendments and requests for new
development of redevelopment.
Capital improvements needed for the latter part of the planning period for inclusion
in the five-year Schedule of Improvements.
In an effort to make the annual Comprehensive Plan review efficient and effective, the
Council will require it to be completed prior to the beginning of the annual budgeting
process.
All departments within the City will be directed to provide up-to-date information and to
make staff available to assist in the review. Formal recommendations for
Comprehensive Plan amendments will be made in conjunction with the submittal of the
annual budget.
G:\attorney-share\Complan\CIE SUPPORT DOCUMENT.doc
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Date Prepared: October 3,2006
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ORDINANCE 30,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT OF THE CITY OF PALM BEACH
GARDENS COMPREHENSIVE PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Plan on January 4, 1990; and
WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005, which
required an annual update of the Five-Year Schedule of Capital Improvements; and
WHEREAS, Section 163.31 77(3)(b), Florida Statutes, requires the Capital
Improvements Element to be reviewed on a yearly basis to make corrections, updates,
and modifications concerning costs, revenue sources, acceptance of facilities pursuant to
dedications, or changes to the date of construction of public facilities related to adopted
level-of-service standards; and
WHEREAS, changes to the Comprehensive Plan pursuant to Section
163.31 77(3)(b), Florida Statutes, are, for procedural purposes, not deemed to be
amendments to the Comprehensive Plan; and
WHEREAS, Policy 9.1.1.1. of the City’s Comprehensive Plan requires all capital
facility projects (renewal and replacement) needed to achieve and maintain the adopted
level of service and which are over $50,000 in estimated costs to be included in the Five-
Year Schedule of Capital Improvements; and
WHEREAS, the City is proposing to replace Table 9A and Table 9B of the Capital
Improvements Element of the Comprehensive Plan to update the Capital Improvements
Element consistent with Comprehensive Plan Policy 9.1.1.1. and Section 163.3177(3)(b),
Florida Statutes; and
WHEREAS, on October 24, 2006, the Planning, Zoning, and Appeals Board,
sitting as the duly constituted Local Planning Agency for the City, recommended approval
of this amendment to the Capital Improvements Element of the Comprehensive Plan of
the City by a vote of 7-0; and
WHEREAS, the City Council finds that this amendment is consistent with the City’s
Comprehensive Plan; and
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Date Prepared: October 3, 2006
Ordinance 30, 2006
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City's Comprehensive
Pian is hereby amended to replace existing Tables 9A and 9B with the following:
(The remainder of this page left intentionally blank)
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Date Prepared: October 3, 2006
Ordinance 30, 2006
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(This replaces the existing Table 9A)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
LNSPORTATION ..
Developer 8 Kyoto Gardens Drive $6,200,000 - ImpadFees
ICE
I ~~ ~ ~~
rota/ $1,061,600 [ $1,585,000 I $602,000 $620,000 $470,000
3
1 Table 9A continued.. .
DRAINAGE
Stomaler Debt Payments $367.600
Jdal $367,600
Date Prepared: October 3,2006
Ordinance 30, 2006
General
$368,700 $369.300 $369,200 $368,400 Fund
$368,700 $369,300 $369,200 $368,400
FIRE RESCUE
SCBA Equipment $65,000
Commander Simulator $60,000
Shop Equipment - $K),ooo ,
Fleet Maintenance Equipment $50,000
Brush TNC~ $175,000
Total $723,800 $2,678,800 $773,800 $618,800 $78,800
General
Fund
General
Fund
GSllmpad
Fees
G.Fllmpad
Fees
GFllmpad
FeeS
General
Funds
Impact Fees
Impact
Fees
Impact Fees
lmpad Fees
lmpad Fees
PUBLIC FACILITIES
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Date Prepared: October 3, 2006
Ordinance 30, 2006
1 Table 9A continued.. .
F IKS 6 RECREATION
Lake Caberine Dugouts $50,000
BRCRC Ad Room
Oak Park Playground Replacement $100.000
Mirasol Park Courts Renovation $65,000
Gardens Park Playground Replacement
Lakeside Park Shade Structures
Plant Drive Roller Rink Replacement
Aquatic Complex OM Pool Refurbishment
Aquat Complex - Shade SbuctureNmbrellas Replacement I I
I I
Oaks Park Pavilion Replacement $50,000
Playground Replacemenl Program $495,000
Skate Park Ramp Replacement
DslricU City Park $400,000 $400,000 8400,000
Stage Equipment Replacernenl $186.N I I I
Skate Park (Phase It) $200,000
PGA Park PlanninglConstnrction $1,765.000
Planl Drive Park Expansion: Planning/ Construction 5225,000 $600,000
Aquat Complex Deck Expansion/ Restroom 5250,000
Golf Coune Pro Shop Expansion 1 $200,000 I I 1
General
General
General
General
General
General
- Fund
$100.000 Fund
~ Fund
- Fund
$145,000 - Fund
550,000 - Fund
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$1,750,000
$250,000
575.000
$150,000
$100,000
GoH C. Fund
General
Fund
General
Fund
General
Fund
General
Fund
General
Fund
$350,000
5100,000
Grand Total All Elements Sf 6, f 48,900 $9, 707,900 67,6 f 0,900 57,326,700 515,797,600
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Table 9B CITY OF PALM BEACH GARDENS Summary of Capital Improvements Program (This replaces the existing Table 9B)
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Date Prepared: October 3,2006 Ordinance 30, 2006
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Date Prepared: October 3, 2006
Ordinance 30,2006
SECTION 3. The City’s Growth Management Administrator is hereby directed to
ensure that this Ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies in accordance with
Section 163.31 87(l)(c)2.b., Florida Statutes.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
13
Date Prepared: October 3, 2006
Ordinance 30, 2006
1 PASSED this day of )JO /m f$ , 2006, upon first reading.
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3 PASSED AND ADOPTED this /bPt day of /t)~e,Be,c , 2006, upon
4 second and final reading.
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CITY f
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17 Eric Jablin, Councilmember
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. 3ody Barneff, Vice Mayor
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30 Pitricia Snider, CMC,kity Clerk
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APPROVED AS TO FORM AND
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45 46 G:bttorney-share\ORDINANCES\CIE - ord 30 2006-FINAL.doc
AGAINST ABSENT
14
DATA AND ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the
consistency with the City’s, County’s and State Coinprehensive Plans, and the Strategic
Regional Policy Plan.
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each project
and supporting data must demonstrate that sufficient revenues are currently available or
will be available from committed finding sources for projects included in the first three
years of the schedule. Staff has indicated the funding sources as part of the schedule
(Table 9A). The City has some transportation projects that are not funded by expected
funding sources, such as ad valorem taxes or impact fees. The City has attached the
Development Order for those development projects that will be the expected funding
source of those road improvement projects.
Staff demonstrates that the following roadway projects hnded by developers are
financially feasible through conditions requiring surety or other instruments:
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Kyoto Gardens Drive, through Resolution 2 16, 2004 and Resolution 180, 2002
Parcel 5A N/S Segment, through Resolution 166, 2005
Parcel SB N/S Segment, through Resolution 216, 2004
Parcel 5B E/W Segment, tlirough Resolution 2 16, 2004
Parcel 3 1 B - Military Trail to Central Blvd., through Resolution 196, 2004
Parcel 3 1 B - EPB3c to Hood Road, through Resolution 196,2004
The City demonstrates the anticipated funding sources and expenditures (Attached “Five
Year Projection”), which illustrates that the City maintains excess revenues for every
year within the planning period. Those projects funded by expected funding sources, or
those identified as being funded by general funds or impact fees, have been demonstrated
to be financially feasible.
CONSISTENCY WITH THE CITY’S COMPREHENSXVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies
contained within the City’s Comprehensive Plan. These changes described below
provide for internal consistency between the amended CIE and the City’s
Coni p reliensive Plan.
Trans port at ion Elernen t :
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON
THE ROADWAYS.
Staff Comment:
Table 9A of the CIE proposed amendment describes several roadway links to be
constructed within the next 5 years to maintain the City's LOS as growth occurs.
Recreation and Open Space Element:
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas
for residents of Palm Beach Gardens in a timely manner so as to comply with the LOS
standards set forth by this element and to maintain such compliance in subsequent years.
Staff comment:
The proposed amendment fulfdls the objective to provide Recreation and Open Space by
defining the year of the construction of certain infrastructure.
Future Land Use Element:
Objective 1.1.6.: The City's economic base shall be expanded by promoting coinmercial
and industrial activities as planned and illustrated on the Future Land Use Map, and by
ensuring adequate sites and timely provision of public utilities and services to stimulate
such growth.
Staff commeni:
The proposed amendmeni fu!flls the objeciive to provide utilities and services by defining
the year of the construction of certain infrastructure.
Public Safety Element
Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response
to all of the urban service area in an average time of 5.0 minutes or less. This standard
shall be met in 90% of all calls and shall be measured on a district basis. The rural service
area shall have an average 8.0 minute response time.
Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to
exceed 1,150 calls per officer per year to serve the urban area. Community policing
philosophy shall be utilized in the urban area and rural crime control strategies shall be
utilized in the rural area.
Sta fl'comment:
The proposed amendment ful/ills lhe objective 10 provide emergency Jire, rescue and
police response by defining the year of the construction of certain infrastructure thal
Jbcilitates those objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives
within the Palm Beach County Coniprehensive Plan as demonstrated by the
following listed examples from that Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County is to provide an interconnected multimodal
transportation system which moves people, goods, and services in a safe, efficient,
convenient and economical manner with minimal adverse impact to the environment.
Staff Comment:
The proposed CIE amendment is consistent with Palm Beach County's goal. The CIE
defines [he year. of the constructiofl of certain roadway segrnenfs which allow the City
and County to meel LOS while having the development community pay ils pro-rata share.
Capital Iinprovement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to
coordinate the timing and to prioritize the delivery of public facilities and other capital
projects; a program that supports the growth management Goal, Objectives and Policies
of the Palm Beach County Comprehensive Plan and encourages efficient utilization of its
public facilities and financial resources.
Staff Comment:
The proposed CIE amendment will allow the City to coordinate with the County on the
liming of facility, inJraslructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast
Regional Planning Council's Strategic Regional Policy Plan as demonstrated by the
following listed goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff'Comment:
The proposed CIE amendment includes the scheduled construction of a City f horoughfare
roadway which will allow, for an additional arterial to the state designated evacuation
roadways. The proposed CIE also has identl/ied a schedule for certain public safety
improvements to improve the Police and Fire Department.
Regional Goal 5.1 - Lives and Property which arc less susceptible to disasters.
Staff Comment:
The proposed CIE amendment includes scheduled improvements to the City’s drainage
system to reduce the number of high water and./looding incidents.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187,
Florida Statutes)
The proposed land-use amendment is consistent with the overall intent of the State
Comprehensive Plan. The following State Goals and Policies are specific examples
of that consistency:
Public Facilities - Florida shall protect the substantial investments in public facilities that
already exist and shall plan for and finance new facilities to serve residents in a timely,
orderly, and efficient manner.
Staff Comment:
The CIE amendment is consistent with the State’s public .facilities goal because we have
developed and will implement a schedule of public. facility and infrastructure needs which
includes the anticipated financing sources
Transportation - Florida shall direct future transportation iniprovements to aid in the
management of growth and shall have a state transportation system that integrates
highway, air, mass transit, and other transportation modes.
Staff Comment:
The proposed CIE amendment has scheduled the construction of local roadways that
allow for alternate routes to major attractors and act as reliever roads to Military Trail
and PGA Boulevard, both of which are state roads; thus reducing the need to expand
either roadway.
GENERAL FUND
REVENUES
Locally Levied Taxes
Licenses & Permits
Intergovernmental Revenue
Charges for Services
Fines 8, Forfeitures
Miscellaneous
Other Financing Sources
Total Revenue
EXPENDITURES
General Government
Public Safety
Physical Environment
CulIurelRecreation
Capital Outlay
Debt Service
Operating Transfers
Total Expenditures
FIVE YEAR PROJECTION
1 913012007 9/3012008 9/30/2009 9/30/2010 9/30/2011 J
$ 55,687,994 $ 58,897,903 $ 61,655,520 $ 66,081,787 $ 68,929,568
4,156,266 4,280,954 4,409,383 4,541,664 4,677,914
6,018,056 6,198,59a 6,384,556 5,672,595 5,842,773
1,736,376 1,708,467 1,842,121 I ,897,385 1,954,306
302,860 311,946 321,304 330,943 340.872
2,374,543 2,445,779 251 9,153 2.594,727 2,672,569
78,762 01,125 03,559 86,065 88,647
70,009,396 73,648,947 76,849,095 81,731,170 85,048,432
17.000,156 18,084.309 1 4,446,836 1 5,2 50.2 74 16,136,826
3551 7,242 38,316,685 40,850,200 43,397,848 46,060,444
8,361,422 8,828,752 9,324,796 9,851,493 10,410,930
2,444,052 2,580,659 2,725,546 2,879,253 3,041,903
2,923,918 3,601,030 2,438,541 1,649,511 4,365,643
3,379,194 3,289,899 3,284,168 3,294,840 3,291,605
629,584 654,767 680,958 708,196 736,524
66,427,841 73,286,679 75,926,412 80,812,816 84,064,256
Excess Revenues (Expenditures) 3,581,554 362,268 922,683 918,353 984,177
Undesignated fund Balance - Beginning 7,722,478 9,971,785 10,334,054 11,256,737 12,175,090
Reserved for Future Economic Incentive
Undesignated Fund Balance - Ending $ 9,971,785 $ 10,334,054 $ 11,256,737 $ 12,175,090 $ 13,159,267
Fund Balance % of Expenditures 15.01% 14.10% 14.83% 15.07% 15.65%
(1,332,247)
Projected Operating Millage
Projected Debt Millage
5.495 5.595 5.450 5.445 5.300
0.16 0.15 0.14 0.13 0.12
Projected Total Millage 5.655 5.745 5.59 5.575 5.42
Original Projections From 2005-06 6. I 5.905 5.97 6.11 N/A
City of Palm Beach Gardens
Impact Fee Analysis by Fund
5 Year Projections
'
201 2 ~- 2008 2009 2010 2011 ~- -. ~ Total Commercial lmoact Fees
Total Residential Impact Fees 2,614,787 00 2,614,787.00 2,614,787 00 2,617,926.00 257,398 00
Total Impact Fee Revenue 2,614,787 00 2.614.787.00 2,614,787 00 2,617,926.00 257.398.00
Capital Projects 1,593,000 3,520,000 2,100,000 2,820,000
Balance carryforward 436 00 1,022,223 00 117,010 00 631,797 00 429,723 00
Current Year Change 1,021,787.00 (905,213 00) 514,787.00 (202,074.00) 257,398.00
Ending Balance 1,022,223.00 117,010 00 631,797 00 429,723.00 687,121.00
2008 2009 2010 2011 201 2 18,666 48 Total Commercial Impact Fees 62,016 17 37,518 72
Total Residential Impact Fees 348.727 12 348,727 12 348,727 12 349,145 76 34,328 48
Total Impact Fee Revenue 410,743 29 386,245 84 348,727 12 349,145 76 52,994 96
500,000 Capital Projects 650.000 175,000 200,000
Current Year Change (239,256 71) 211,245 a4 148 727 12 (150,854 24)
Ending Balance (239,256 71) (28,010 87) 120,716 25 (30.137 99) 22,856 97
Balance Carryforward (239,256 71) (28,010 87) 120,716 25 (30,137 99)
52,994 96
2008 2009 201 0 201 1 2012
Total Commercial Impact Fees 141,619.27 89,764.50 83,336.12
Total Residential Impact Fees 400,673.00 400,673.00 400,673.00 401,154.00 39,442.00 Total Impact Fee Revenue 542,292.27 490,437.50 400,673.00 401.154.00 122,778.12
Capital Projects 1,270,000.00 180,000.00 500,000.00
Debt Service 75,659.00 74,270.00
Total Expenditures 1,345,659.00 254,270.00 500,000.00
Balance Carryforward 470,110.00 (333,256.73) (97,089.23) (196,416.23) 204,737.77
Current Year Change (803,366.73) 236,167.50 (99.327.00) 401,154.00 122,778.12
Ending Balance (333,256.73) (97,089.23) (196,416.23) 204,737.77 327.515.89
2008 2009 201 0 201 1 2012
Total Commercial Impact Fees 61 0,679.14 326,578.50 170,720.36 Total Residential Impact Fees 1,225,343.00 1,225,343.00 1,225,343.00 1.226.814.00 120,622.00
Total Impact Fee Revenue 1,836,022.14 1,551,921 SO 1,225,343.00 1,226,814.00 291,342.36
Capital Projects 500,000.00
Debt Service 702,372.00 702,802.00 691,677.00 699,440.00 700,490.00
Total Expenditures 1,202,372.00 702,802.00 691,677.00 699,440.00 700,490.00
Balance Carryforward 6,956.433.00 7,590,083.14 8,439,202.64 8,972,868.64 9,500.242.64
Current Year Change 633,650.14 849,119.50 533,666.00 527,374.00 (409,147.64)
Ending Balance 7,590,083.14 8,439,202.64 8,972,868.64 9,500,242.64 9,091,095.00
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69/23/2863 15:38:38 -7B$SI
OR BK 15833 PG 1447
Palm Beach County, Florida
.. .. .. .
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 180,2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF PALM BEACH
GARDENS, FLORIDA, APPROVING AN AGREEMENT BEMEEN THE
CITY AND MALL PROPERTIES, LTD., PGA GATEWAY, LTD., RCA
CENTER I1 OF FLORIDA, LLC AND PGA NORTH II OF FLORIDA, LLC
FOR THE ASSURED CONSTRUCTION OF LINKAGE ROADS AND
AUTHORIZING THE MAYOR AND CITY COUNCIL TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILIN; AND
PROVIDING FOR AN EFF ECTlVE DATE.
WHEREAS, Mall Properties, Ltd., a Florida limited partnership, PGA Gateway, Ltd., a
Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability
company, and PGA North II of Florida, LLC, a Florida limite'd liability company ("Owners")
are the Owners of certain parcels of property within the City ("Properties"); and
WHEREAS, in lieu of paying all or portion of the City's road impact fee, Owners seek to
construct roadways depicted on the City Center Linkages Plan running through or
immediately adjacent to the Properties ("Linkage Roadways") and to receive credit against
the amount of road impact fees that would otherwise be due to the City; and
WHEREAS, through the enactment of Resolution 25,2001, the City Council approved the
pooling of road impact fees for the Properties; and
WHEREAS, the City and Owners wish to provide for a method by which the pooled impact
fees will be credited and for the assured construction of all the Linkage Roadways within
a time frame established by the City; and
WHEREAS, the City Council finds the adoption of this Resolution to be in the best interests
of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT
SFCTIOU. The foregolng 'WHEREAS" clauses are hereby ratified and confirmed as
being true and cdrred and are hereby made a specific part of this Resolution.
SECTION 2: The City Councll of the City of Palm Beach Gardens hereby approves the
Agreement for Assured Construction of Linkage Roads between the Clty and Owners
attached hereto as Exhibit 'A' and Incorporated herein by reference and authorizes the
Mayor and City Clerk to execute said Agreement on behalf of the City and take all action
necessary to effectuate the terms of the Agreement.
-1-
i
I
BMK 15893 PcKjE 1448
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application Of this Resolution is held by !
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution. I
his Resolution shall become effective immediately upon adoption.
PTEO AND APPROVED THI ., /'
;e.,. ,
- LE~&)R D G .XU BIN
C IN. A.T.0 RN EY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
J VICE MAYOR SABATELLO ---
COUNCILMEMBER CLARK I,
COUNCILMEMBER RUSSO -
COUNCILMEMBER DELGADO
2002.
-
Date prepared: September 23,2002
-2-
BOOK 15893 PE 1449
Meeting Date: October 3,2002
Resolution: 180,2002
EXHIBIT A
. .. . _. . .- -. . . . . - - . .. . . . .
. . . . . . -
BMH( 15B93 POGE 1450
AGREEMENT FOR ASSURED CONSTRUCTION OF
LINKAGE ROADS
I
I 1 THIS GREEMENT ("Agreement") is made and entered into as of theh day
municipal corporation ("City") and Mall Properties, Ltd., a Florida limited partnership, PGA
Gateway, Ltd., a Florida limited partnership, RCA Center I1 of Florida, LLC; a Florida limited
liability company, and PGA North II of Florida, LLC, a Florida limited liability company,
(collectively "Owners").
of & , 2002, by and between the City of Palm Beach Gardens, a Florida I
i
R EClTA LS
WHEREAS, in lieu of paying all or portion of the City's road impact fee, section 78-
99(d)(l) of the City Code of Ordinances allows a property owner seeking to develop its
property to construct certain road improvements identified in the City Center Linkages Plan,
which is attached hereto as Exhibit "1" and incorporated herein; and
r
/ WHEREAS, Owners own certain properties located in the City, as described on
8 Exhibit "2" attached hereto and incorporated herein ("Property" or "Properties"); and
WHEREAS, in lieu of paying City road impact .fees for development of the
Properties, Owners seek to construct the roadways depicted on the City Center Linkages
Plan running through or immediately adjacent to the Properties, as listed on Exhibit "3"
attached hereto and incorporated herein ("Linkage Roadways"), and. to receive credlt
against the amount of road'impact fees that would othetwise be due to the City; and
WHEREAS, in circumstances where the cost of the improvements exceeds the total
amount of road impact fees due, section 78-99(d)(5) of the City Code of Ordinances
authorizes the City Council to allow property owners constructing such road improvements
to pool impact fees for multiple developments; and
WHEREAS, through the enactment of Resolution No. 25, 2001, a copy of which is
attached hereto as Exhibit "4" and incorporated herein, the City Council approved the
pooling of impact fees for the Properties; and
WHEREAS, the City and Owners wish to provide for a method by which the pooled
impact fees will be credited and for the assured construction of all the Linkage Roadways
to be constructed by Owners; and
WHEREAS, in order to effectuate the timely construction of the Linkage Roadways
without regard to the actual date of development of each Property, the Owner of Parcel 5k
has agreed to dedicate to !he City the right-of-way for the construction of the Kyoto
Gardens Drive extension, and, in exchange, the City has agreed to convey to the Owner
BOOH 15893 PFwjE 1451
of Parcel 27.12 the right-of-way for the construction of the Lake Victoria Gardens Drive
extension to effectuate the dedication of a perpetual public easement.
NOW, THEREFORE, for and in consideration of the premises and the mutual terms
and conditions set forth herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City and Owners hereby covenant and
agree as follows:
A. Recitals.
The above recitals are true and correct and incorporated herein by this reference.
6. Impact Fee Credits.
1. Owners shall apply for City road impact fee credits for construction of each
of the Linkage Roadways in accordance with section 78-99(~)(3) of the City Code of
Ordinances. These credits shall apply collectively to the Properties specificalty identified
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2. The City shall establish a road impact fee credit bank ("Credit Bank") based
on the total amount of creditable costs for the construction of each of the Linkage
Roadways, as certified by the City Engineer in accordance with sections 78-99(c) and 78-
99(d) of the City Code of Ordinances. Once the City Engineer certifies the cost of a
Linkage Roadway, the certified cost shall be added to the Credit Bank. At the time building
permits are issued for the Properties, the road impact fees due for each permit shall be
deducted from the Credit Bank.
3. The City acknowledges that road impact fees for development of the
Properties have been or will be paid to Ihe City prior to the establishment of the Credit
Bank. The City and Owners agree that any City road impact fees paid with respect to the
Properties prior to the establishment of the Credit Bank shall be deemed to have been paid
to the City in escrow and shall be available for reimbursement to Owners to pay toward the
certified cost of the Linkage Roadways. Any sums to be reimbursed to the Owners shall
be reimbursed at the time of building permit for the Linkage Roadway improvements.
4. Owners acknowledge and agree that the total impact fee credits available
shall not exceed the amount established by the Credit Bank. If the total amount of City
road impact fee credits available, as established by the Credit Bank, is less than the total
amount of impact fees due from the Properties in the aggregate, Owners shall be
responslble for the balance of any City road impact fees in accordance with all City Code
requirements. Once all impact fees have been paid for the Properties, the balance in the
Credit Bank shall be reduced to zero and the City shall have no additional obligation to
Owners.
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BOOK 15893 PW€ 1452
5. Owners shall not assign any portion of the Credit Bank to persons or entities
not a party to this Agreement without prior written approval of the Cily Manager or hislher
designee.
6. Owners shall provide surety to the City to ensure the completion of all
Linkage Roadways in accordance with the schedule established by the City Engineer as
fully set forth in Section C below.
C. Construction Schedule.
1. In accordance with section 78-99(d)(3) of the City Code of Ordinances, and
as a condition precedent to the utilization of road impact fee credits by Owners, the City
Engineer has established a timetable for the commencement of construction for the
Linkage Roadways. These fixed dates are established in Exhibit "1." Owners shall
commence construction of the Linkage Roadways by the first day of the month and year
identified on the Linkages Plan.
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I a. For the purposes of this Agreement, the term "commence construction" shall i
mean the actual installation of infrastructure.
b. The City Engineer may extend the Commencement of construction date for
any Linkage Roadway for a period not to exceed six (6) months, provided
that Owners demonstrate that they have proceeded in good faith to obtain
all necessary permits and approvals and have encountered non self-imposed
delay. Owners must request any such extension in writing at least one (1)
month3 prior to the commencement of construction date established by the
City Engineer or Owners' ability to make such a request shall be waived.
2. As an additional condition precedent to the utilization of road impact fee
credits, Owners shall, within thirty (30) days of the certification of the total cost of each
Linkage Roadway by the City Engineer, provide surety to ensure that construction of the
Linkage Roadway commences in accordance with the timetable established In Exhibit "1"
and in an amount equal to one hundred and ten percent (110%) of the certified cost
estimate established by the City Engineer for each Linkage Roadway.
a. The City shall be entitled to draw down on the surety if Owners: fail to
commence construction of any Linkage Roadway within the established time
frame, subject to any time extensions granted by the City Engineer in
accordance with section C.l .b; fail to complete construction within twelve
(1 2) months of commencement; or are in material breach and default of this
Agreement and fail to cure same within fifteen (I 5) days.
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9OOK 15893 PQGE 1453
b. The form of surety provided by Owners to the City pursuant to this
Agreement shall be subject to approval by the City and in the same format
as surety generally required for infrastructure improvements in accordance
with section 78-461 of the City Code of Ordinances.
D. Convevance of Property.
1. Within thirty (30) days of the execution of this Agreement, the City shall
transfer to the Owner of Parcel 27.12, by quit-claim deed, the ight-of-way for LakeVictoria
Gardens Avenue, as conveyed to the City by Northern Palm Beach County Improvement
0 is t ric t ("North ern").
a. The City makes no warranties whatsoever with respect to the Property or the
existence of any encumbrances.
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b. The City and Owners acknowledge that the right-of-way to be conveyed by
the City is subject to an easement granted to Seacoast Utility Authority
imrnediatety prior to the conveyance by Northern to the City.
2. Wrthin sixty (60) days of the execution of this Agreement, Owners shall
dedicate to the City by plat a one hundred and ten foot (1 10') wide right-of-way traversing
Parcel 5A, to be utilized for the extension of Kyoto Gardens Drive from Alternate A-1-A to
Military Trail.
a. The City shall work with Owners to determine the precise location for the
roadway and shall make every effort to accommodate such alignment during
the development approval process for Parcel 5A. However, the City and
Owners acknowledge that the final decision with respect to the ultimate
alignment of the right-of-way is within the discretion of the City Council.
Should it be necessary to alter the alignment of the roadway, Owners shall
be responsible for the cost of any replat.
b. To the extent necessary, Owners shall accommodate the drainage for such
roadway within Parcel 5A and grant to the City whatever easements are
necessary to effectuate such drainage.
c. Upon dedication of the roadway to the City, Owners shall have use of such
roadway for the development of Parcel 5A in accordance with all applicable
City requirements and regulations for the construction of all improvements
thereon and the installation of utilities.
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E.
BOOK 15893 PcKjE 1154
Assignment.
Prop
1.
dies.
This Agreement may be assigned by Owners to successors in title to the
2. Owners shall notify the City in writing of any change in ownership of the
Properties w'ithin thirty (30) days of conveyance. Any assignnlent of Owners' rights and
obligations pursuant to the terms of this Agreement shall not be effective until Owners
provide the City with written notification of such assignment.
F. Miscellaneous orovisions.
1. The provisions of this Agreement may not be amended, supplemented,
waived, or changed orally. Any such amendment, supplement, waiver, or change shall be
in writing signed by each party to this Agreement. This Agreement constitutes the entire
understanding and agreement between the parties with respect to the subject matter I
v hereof.
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# 2. 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.
3. All notices or other communications required, contemplated or permitted
under this Agreement shall be in writing and shall be hand delivered or mailed via overnight
delivery to the following addresses:
As to the Citv:
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attention: Ron Ferns, City Manager
copy to:
Watterson & Hyland, P.A.
4 100 RCA Boulevard, Suite 100
Palm Beach Gardens, FL 33410
Attention: Len Rubin, City Attorney
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As to the Owners:
MALL PROPERTIES, LTO.,
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
Attention: Daniel S. Catalfumo
PGA Gateway, Itd.
a Florida limited partnership
Attention: Daniel S. Catalfumo
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
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BOOK 15893 PFK;E 1455
LBFH, Inc.
2090 Palm Beach Lakes Boulevard
Suite 600
West Palm Beach, FL 33410
Attention: Dan Clark, City Engineer
RCA Center II of Florida, LLC,
a Florida limited liability company
Attention: Daniel S. Catalfurno
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
PGA North II of Florida, LLC
a Florida limited liability company
Attention: Daniel S. Catalfumo
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
Any party may change an address by sending written notice of such to the other parties,
in which case that new address shall be utilized.
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4. This Agreement shall be construed and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce this Agreement shall be in Palm
Beach County, Florida. No remedy conferred upon any party is intended to be exclusive;
any other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or
equity or by statute or otherwise. No single or partial exercise by any party of arly right
power, or remedy hereunder shall preclude any other or further exercise thereof.
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5. 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.
6. The effective date of this Agreement shall be as of the date it has been
executed by all parties hereto.
7. A party's failure to enforce any provision of this Agreement shall not be
construed as a waiver of the right to later enforce that or any other provision of this
Agreement.
8. Only the parties to this Agreement shall have standing to enforce it.
9. This Agreement may be executed in counterparts, each of which shall be
deemed an Wiginal, and all of which together shall constitute one (1) and the same
instrument.
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BOOK 15893 PW 14%
10. The parties acknowledge that each has shared equally in the drafting and
preparation of thls 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. 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.
1 I. Failure to comply with any provision of this Agreement shall be considered
a material breach and a default which shall entitle the parties to all rights and remedies at
law or equity. Prior to initiating any action for an alleged breach, an initiating party shall
notify all other parties of the alleged breach at least fifteen (1 5) days prior to initiating such
action.
12. It is hereby understood and agreed that in the event any lawsuit in thejudicia\
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.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals
the day and year first above written.
RDENS, a Florida
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y\/itnesses: A
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BOOK 15893 PcxiE 1457
Owners:
MALL PROPERTIES, LTD.,
a Florida limited partnership
By: Catatfurno Management and Investments. Inc.
Da ni er fu mo
Presi
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a person authorized to take acknowledgments, personally appeared
Daniel S. Catalfumo, as president of Catalfumo Management and Investment, Inc., as
general partner of Mall Properties, Ltd., wh
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.r cuted the foregoing i
# day of s personally known / .
STAT€ OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a pers authorized to take acknowledgments, personally appeared 5 .(&&.&&at S &,I d&f Diver Management, Inc., as general partner
Ltd., who execu e foregoing instrume
personally known
as identification. .
RCA CENTER II OF FLORIDA, LLC,
a Florida limited liability company
By: PGA Gateway, Ltd., sole member
STATE OF FLORIDA
COUNTY OF PALM BEACH
PGA NORTH ItOF FLORIDA, LLC,
a Florida limited liability company
By: PGA Gateway, Ltd., sole member
STATE OF FLORIDA
COUNTY OF PALM BEACH
take acknowledgments, personally appeared
of Diver Management, Inc., as general partner
P A North II of Florida, LLC, of PGA Gateway, Ltd., as sole member F:"ni::> produced as identification.
rument this 3 day of
BOW 15893 PRGE 1459
EXHIBIT 1
City Center Linkages Pian and Timetable
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MBl 15093 PRU 1461
8001( 15893 PcyiE 1462
COMPOSITE EXHIBIT 2
Legal Descriptions of Properties
Parcel 28.01 , according to the plat thereof, recorded in Plat Book 90, Page 119-121 of the
Public Records of Palm Beach County, Florida.
Parcel 27.03, according to the plat thereof, recorded in Plat Book 88, Pages 1 16-1 17 of the
Public Records of Palm Beach County, Florida.
Parcel 27.04, according to the plat thereof, recorded in Plat Book 90, Page 1-2 of the
Public Records of Palm Beach County, Florida.
Parcel 27,05 and Parcel 27,06, according to the plat thereof, recorded in Plat Book 88,
Page 104-105 of the Public Records of Palm Beach County, Florida.
Parcel 27.108, according to the plat thereof, recorded in Plat Book 88, Pages 11 8-1 19 of r
# the Public Records of Palm Beach County, Florida. /
Parcel 27.12 (includina Parcel 27.141, according to the plat thereof, recorded in Plat Book
94, Pages 40-42 of the Public Records of Palm Beach County, Florida.
Parcel 5A (attached)
Parcel 58 (attached)
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM is executed this 33 day of December, 2004 by and
between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited
partnership (sometimes collectiely referred to herein as "Catalfumo Entities") and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
("City").
Background
1. The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the "Assured
Construction Agreement"). The City previously sued the Catalfumo Entities for
specific performance of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
2. RCA Center I1 of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the "PUD Approval") for a certain planned unit
development also known as Parcel 5B.
3. Pursuant to the City's Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate AlA to
Military Trail known as Kyoto Gardens Drive Extension ("Kyoto Drive
Improvements"). The City has requested that Kyoto Drive Improvements be
constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit 'A" attached hereto
4. Catahmo Entities and City agree that it is critical that construction of the Kyoto
Drive Improvements commence on or before March 31 , 2005
The understanding of the parties is as follows:
1. Catatfumo Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located within the City's Road Right-of-Way In order to expedite the
commencement of construction, it being understood that the bridge portion of the
construction will be able to commence most expeditiously in this fashion. Catatfurno
Entities shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31 , 2005 and in any event as soon as
practicable thereafter. In order to assist Catatfurno Entities in completing the Kyoto
Ode Improvements and the other linkage roads through Parcels 5A and SB, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfumo Entities to meet the required time schedules.
2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane
divided (similar to the 58 Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City's
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
"A" (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City's
payments to the FEC.
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3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility for construction of the roadway; the City may use a two
square acre area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights
to excavate and use that acreage for drainage purposes.
4. Catalfumo Entities and its contractors shall dornply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drive on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited In accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto Drive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
"piggy-back' onto in order to satisfy the waiver requirements for the public bidding of the
City's portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expansion of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the
Catalfumo Entities to the 4 lanes requested by the City. I
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IN WITNESS WHEREOF, the parties executed this Memorandum of
Understanding as of the date set forth above.
Witness PGA NORTH I1 OF FLORIDA LLC,
By: Diver Management, Inc.,
Its general partner
Daniel S. Cat mol President
RCA CENTER II OF FLORIDA LLC
By: Diver Mpqgement Inc., Q.P.
MALL PROPERTIESl LTD.
By: Catalfumo Management and
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CITY OF PALM BEACH GARDENS
- Estimate -
Kvoto Gar dens Drive Construc tion Costs Summary
ITEM
2-Lane Road Construction Cost
2-he Bridge Construction Cost
Landscaping & trrigation
CQJa
$ 1,094,875
$ 2,490,000
$ 360,475
Total 2-Lane Option Cost $ 3,945,350
4-Lane Road Construction Cost
&Lane Bridge Construction Cost
Landgaping Q Irrigation
$ 1,237,826
$ 3,240,000
$ 360,475
Total 4-Lane Option Cost: $ 4,838,301
Upgrade of Road to Four Lanes Construction Cost $ 142,951
Upgrade of Bridge to Four Lanes Construction Cost $ 750.000
Sub-Total Construction Cost of Upgnde to 4 Lanes: $ 892,951
Upgrade to 4 Lanes Engineering/Survey/Geotech Costs $ 21,982 1/2 of item costs
Upgrade to 4 Lanes Clearing Cost $ 16,425 10 of item cost
Upgrade to Four Lanes Military Trail Signalization Cost $ 225,000 1/2 of item cost ..
Sob-TOW. Design, Clearing & Signal Upgrade Cost: $ 263,407
Sub-Total Design & Construction Upgrade Coat: $ 1,156,358
15% Contlgency: $ 173,454
15% Administr ation: $ 173,454
BondCost(2%): $ 39,065
Total Cost of Upgrade to 4 Lmes: t$ 1333,331 ,
Notes: 1. The above figures do not include the cost of design and construction
of the PEC raUroad crossing and related improvements whkh are to be
paid 100% by the City of Palm Beach Gardens.
2. -wmw-&H*p -v
3. Estimated costs arc based on 2004 materials and labor costs.
EXHIBIT "A"
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION
Know all men by these presents:
That we, PGA NORTH II OF FLORIDA CLC, a Florlda llmlted liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY
LTD., a Florlda limited partnership, and MALL PROPERTIES, LTD., a Florida limited
partnership (hereinafter called "PRINCIPAL"), and Liberty Mutual Insurance Company,
authorized to do buslness In the State of Florida, (herelnafter referred to as "SURRT')
are held and flrmly bound unto the Clty of Palm Beach Gardens (herelnafter called the
"CIN"), a political subdivision of the State of Florida, In the full and just sum of
Dollars ($ 4,,734,420.00
Four Hlllion Seven Hundred lhiity Four Thousand, Four Hundred Twenty and OO/lOO---
) lawful money of the Unlted
States of America, to be paid to the CITY to which payment will and truly be made, we
blnd ourselves, our heirs, executors, administrators, successors and asslgns, jointly and
severally, flrmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Construction of Llnkage Roads with the City dated October 3, 2002 ("Assured
Construction Mreement') and RCA CENTER II OF FLORIDA LLC, has obtalned from
the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the
'PUD Approval") for D certain planned unit development known as Parcel 5B and has
agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Required improvements (as hereinafter defined). WHEREAS, the
Required Improvements consist of constructing a two-lane portion of a four-lane road
known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering
Item 14a.).
WHEREAS, this Payment and Performance Bond for Infrastructure Completlon .
Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO--
(herelnafter called the "Bond") Is in the full and just sum of
Dollars ($ 4 D7q4 D420'00
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) lawful money of the United States of America, said sum
being the estimated cost to complete the responsibility of PRINCIPAL for its share of
the construction of the Requlred Improvements.
NOW, THEREFORE, the SURETY agrees as follows:
1. The foregoing recitals are incorporated herein by reference.
2, The condition of this obligation of SURETY Is such that if the PRINCIPAL
shall, in all respects, fully comply with, carry out, construct, erect and build
Its share of the Required Improvements in substantlal conformity with the
plans, specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made In the
plans, specifications and schedules for said work (it being understood that
the SURETY shall remaln bound under this Bond although not Informed of
any such additions, amendments or alternations), and shall commence
and complete all of said work in accordance with the Contract for
construction of the work and, provided it receives prompt payment from
the City for the City's share of the cost of the work, or is otherwise
compensated by the Clty as the parties may subsequently mutually agree
In writing may promptly make payment to all persons supplying the
PRINCIPAL, Its contractors or subcontractors with any labor, services,
material andlor supplles used directly or indirectly by them or some or any
of them in the prosecution of said work, then this obllgation has be void,
otherwise remaining in full force and effect.
SUREM, for conslderetion recehed, hereby stipulates and agrees that no
changes, extenglons of tlme, alterations or addltlons to the work or the
plans, speclficatlons and schedules covering the same, or in the term or
mode of payment forthe same, shall In anywise affect liability or.payment
under this Bond, and It does hereby waive notice of any and all such
changes, extenslons of time, alteratlons and additions to the work or to
the plans, specMcatlons and schedules covering said work.
The prlncipal amount of thls Bond will be reduced, from time to tlme, only
3,
4.
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as and when (a) the PRINCIPAL provides the CITY with evidence of
partial completion and payment costs and eipenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of lien and certlflcation of payment, and (b) the PRINCIPAL provldes the
CllY an engineering estlmate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURETY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRINCIPAL shall provide the CITY wlth a list of all contractors,
subcontractors and material contractors, subcontractors and material
suppliers, together with a certificate of the general contractor certifying
such list is complete. The CITY shall not have the obligatlon to reduce the
prlnclpal amount of this SURETY, if It has reasonably concluded the costs
of completion will exceed the original cost estlmate or evidence of
payment and partlal completion is not satisfactory to the CITY. To obtaln
a reduction in the prlnclpal sum of the Bond, the PRINCIPAL shall obtain
from the CITY authorization for a reduction, which shall be forwarded to
the SURETY. Any reduction in Bond value shall be considered effected
and binding against CITY.
5. Whenever the PRINCIPAL shall have failed or refused to commence or
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complete the said work by the dates set forth In the Contracts for the
work, the CITY may declare the PRINCIPAL'to be in default and the
WREN may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completion of the said work in accordance with
the specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made In
the plans, speclflcatlons and schedules covering said work,
completing the work in a prompt manner, or
Obtaln a bid or bids for subrnlssion to the CITY for completlon of
sald work in accordance with the plans, speclflcatlons and
schedules covering said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determlnatlon
by the CITY and the SURETY of the lowest responsible bidder,
arrange for a contract between such bidder and the SURETY, and
pay to such bidder as work progresses (event should there be a
default or a succession of defaults under the contract or contracts
of completion arranged under this paragraph) the funds required to
b.
pay the costs of completion of said repair or maintenance work as
herein described.
c. Alternatively, the parties hereto understand that upon default by
PRINCIPAL, CIW may elect to assume the contracts for the
construction of the work, in which event CITY shall be entitled to
draw from SURETY the amounts due on a monthly basis In order
for CITY to cover PRINCIPAL’S share of the cost of the work
regardless of the fact that the cost of the Required Improvements
may exceed the amount of thls Bond. If Ctty elects to assume the
contracts for construction of the Requlred Improvements, this Bond
shall be modified as necessary to comply with the provisions of
F.S. 255.05.
6. The CI’W shall be entitled to thelr reasonable attorney’s fees and oosts in
any action at law or equlty, including appellate court actlons, to enforce
the CITY’S rights under thls Bond.
IN WITNESS WHEREOF, the PRINCIPAL and SURER have executed these
presents thl9 28th day of December, 2004.
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.(
Wkn €! 6 6 PQA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
RCA CEWOF FLORIDA LLC
,-.//- Witness
PGA GATEWAY, LTD,
,~ Witness > //< talfumo, President
MALL PROPERTIES. LTD. -
SURETY:
Liberty Mutual Insurance Company
By:
Counterslgned by; Brett Rorenhaus
Address: 4000 South 57th Ave. Ste. 201
Lake Worth, FL 33463
Brett Rosenhaus, Attornny In Fact/FL Rahidaht
Agent
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Liberty Mutual Surety Bond Number qhc( OOf a 3 Y
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The hrst Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
'EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The Unlted States will reimburse the Issuing Sureties for ninety percent (goo/,) of
any covered losses from terrorist acts certified under the Ad exceeding the
applicable surety deductlble.
LMZC-6539 11/15/04
._ ... . -1
THIS POWER OF AllORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1486470
Thls Pwar of Attorney limits the acts of those named herein, end they heve no authority lo blnd the Company except In the manner and to
the extent herein rtaled.
UBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETX
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: Thal Llberty Mulual Insurance Company (the 'Company'), a Massachusens stock insurance
c~mp~y, pursuant lo and by authority of the By-law and Aulhcftzah hereidler set forth. does hereby name, consliMe and appolnt
RICHARD M. BUTIN, KAREN L DEBARDAS, BRETT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CrrY OF
WEST PALM BEACH, STATE OF FLORIDA ..........................................................................................................................
, each lndividuelly I there be more than one named, Hs true and lad altomey-in-fact lo make, execute. seal, acknowledge and deliver, lor and on ha
behall as sure end as Hs act afiie?$$x'd4 undertaklngs, bonds, remgnlzances and other sure dl ations in the penal sum not exceeding FlFIY MILU8N AND OOflOO ) each, and the
exehtion of soch underlaklngs, bands, recognizances and other surety obligations. In pursuance of these presents. shall be as binding upon the
Company as If they had been duly sioned by Lhe presldant and attested by the secrelary of the Company in their own proper persons.
Thal thls power Is made and executed puffiuanl to and by authority of the following By-law and AumoriraUon:
.............................................................................................................................. " ...............................................................
DOLLARS ($ 50,000,%0.d~***
ARTICLE Xlll - Exeadhn d Contracts: Sectlon 5. Surety Bonds and Undertaklngs.
Any oftker oi the Company authorized lor lhal purpose In wrtting by the chalrman or the president and subled lo such llmltations as the
chalrman or the presldent may prescribe, shall appolnl such altorneys-In-facl, as may be necessary lo act In behalf of the Company to make,
execute, seal, acknowledge end deliver as surely any and all undertaklngs, boods, recognizances and other surety obligations. Such
attorneys-In-fact, subject to the IimltAUons set forth In their respective powers 01 atlomey, shell have full power lo bind the Company by tholr
slgnalure and execuUcm of my soch Instruments and to attach thereto the seal of the Company. When so executed such IrWumenls shall be
as blndlng as If slgned by the presldenl and attested by the secrelary.
3y the fdlowlng hstrumenl tha chalrman or the president has authorized he oflicar or other oHidal named thereln to appoint altomeys-In-facl:
Punuant lo Article XIII, Section 5 of the By-Laws, Game! W. Elliott Assislanl Secretary 01 Liberty Mutual Imrana Company, is hereby
authorized lo appdnt such attorneys-in-fact as may be necessary lo act In bohalf of the Company to make. execute, seal. acknowledge end
delhrer as surely any and all undertaklngs, bonds, recognizances and other surety obllgallons.
Thal the By-law and the Authorizetion ?et forth above are lrue copies hereof and fire now in full force and effect.
IN WITNESS WHEREOF, hls Power of Anomey has been subscribed by an authotlzed officer or ohidal of Ihe Company and the mporate seal 01
Uberty Mutual Insurance Company has been utllxed thereto In Plymouth Meeting, Pennsylvanla thls 23rd day of March
2Q04.
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA 88
COUNTY OF MONTOOMEFW
On Ws day of ah . w, before me, a Notary Public, pe~~f~ally came , to me known. and achwledged
lhst he Is M Assistant Secretery d Ube* Muhrd Insurance Company, that he knows the seal of sald corporation; and that he excm@d the above
Power d Atlomey and mA-iyxwa!e seal of Wetty Mutual Insurance Company thereto WHh the authoctty and at the dlrecSon of rafd corporalon.
'
CERTIFCATE \q
I, the undersigned. Asmxry of Ubetly Muolal Insurance Company. do hereby cerUfy that tw Wrglnal power d attorney d which the torepdry Is I fun, INe and cWr& Copy, Is In MI force and effect on the date of thls certificate; and I do further certify that the ollicer or offldal who executed hi
safd power of atlomoy Is an hssstenl Secretary specially authotized by the chelnnan or the presMenl lo eppoint anomoys-h-fad as prodded h Article
XIII. SacUon 5 of the By-laws of Uberty Mutual Inwance Company.
Thls carllflcate and the above power of attorney may be slgned by facslmlle or mechanlcaHy reproduced slgnatwes under and by authority d the
following vote of the board of dlreclors of Uberty Mulual Insurance Cornpany a1 e meeting duly @led and heM on the 12th day of March. 1980.
VOTEb that the facsimile or meohenlcaly reproduced dignature of my &stant secretary of the company, wiwrever appearing upon a
certlfied cqy of fpy power of ettwney Issued by the company In connection with surety bonds. shell be valid and binding upon the company
wlth lhe same force and effect as though manually affixed. "W
hereunto subscribed my name and afflxed the corporate seal of Ihe haid vmpany, thls &' day of
A
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Date Prepared: October 19, 2005
As Amended December 1,2005
RESOLUTION 166,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
CENTER PLANNED COMMUNITY DEVELOPMENT (PCD)
MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS
AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE
NORTH, ALTERNATE AIA TO THE EAST, AND PGA BOULEVARD
TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN,
TO ALLOW THE DEVELOPMENT OF 240,000 SQUARE FEET OF
OFFICE USE AND 600,000 SQUARE FEET OF LIGHT INDUSTRIAL
USE, INCLUDING A MAXIMUM OF 42,000 SQUARE FEET OF
ANCILLARY COMMERCIAL USE, ON 17 INDIVIDUAL PARCELS;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE 78.96-ACRE PGA CORPORATE
GENERALLY BOUNDED BY INTERSTATE 95 RIGHT-OF-WAY AND
WHEREAS, the City has received a request from Mr. Ryan Johnston of
Catalfumo Construction and Development, Inc., on behalf of PGA North I1 of Florida,
LLC, for approval of a master development plan for the 78.96-acre PGA Corporate
Center Planned Community Development (PCD) generally bounded by Interstate 95
right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods
residential developments to the north, Alternate AIA to the east, and PGA Boulevard to
the south, as more particularly described herein, to allow the development of 240,000
square feet of office use and 600,000 square feet of light industrial use, including a
maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels;
and
WHEREAS, the subject site has a Planned Community District Overlay (PCD)
zoning designation with an underlying zoning designation of Research and Light
Industrial Park (MI) and has a land-use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its October 11, 2005, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff: and
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Date Prepared: October 19, 2005
Resolution 166, 2005
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified
SECTION 2. The master development plan application of Mr. Ryan Johnston, of
Catalfumo Construction and Development, Inc., on behalf of PGA North I1 of Florida,
LLC, is hereby APPROVED on the following described real property, to permit the
development of 240,000 square feet of office use and 600,000 square feet of light
industrial use, including a maximum of 42,000 square feet of ancillary commercial use,
on 17 individual parcels within the 78.96-acre PGA Corporate Center PCD generally
bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester
Courts and Garden Woods residential developments to the north, Alternate A1A to the
east and PGA Boulevard to the south, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST
AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO
SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT
BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE
NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE
HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA
BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS
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Date Prepared: October 19, 2005
Resolution 166, 2005
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following two (2) waivers:
1. Section 78-506, Sidewalks, to allow a sidewalk on only the south side of
Kyoto Gardens Drive.
Section 78-563, Lake maintenance tracts, to allow for landscaping within the
Lake Maintenance Easement (LME) on the south side of the lake as
reflected on the approved site plan.
2.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planninq and Zoning
1. At the time of platting, the Applicant shall dedicate a 10' x 30' easement
along Kyoto Gardens Drive for a bus/trolley shelter. Within sixty (60) days
of a written determination from Palm Tran or the City Council that a
busltrolley shelter will be utilized on the subject site, the Applicant, its
successors, or assigns shall submit an application for an administrative
approval to allow for review and approval of the site plan, landscape plan,
and building elevations for the bus shelter. The bus shelter design shall be
consistent with the City Council's previous approval of such shelters. The
Applicant, its successors, or assigns shall be responsible for the
construction of a bus shelter in a timely manner to accommodate Palm
Tran's or the City's needs for the bus shelter. The bus shelter shall be
constructed within six (6) months of the approval of the administrative
amendment, unless another time frame is established in the administrative
approval. (Planning & Zoning)
2. Prior to the issuance of each permit for vertical construction, the Applicant
shall contribute one percent (1%) of the construction cost of the building(s)
towards art in public places regardless of whether or not said building(s)
exceeds the $1,000,000 threshold for vertical construction costs. Prior to
the issuance of each permit for vertical construction, the Applicant shall
submit to the City documentation showing that a deposit was made with the
developer's attorney into an escrow account in an amount of money equal
to the art fee. All of the art in public places funds collected on the Property
shall be utilized to create an art piece or series of art pieces that satisfy the
art in public places requirements for all buildings on site. Said art shall be
approved by the City in accordance with the provisions of the LDRs; shall be
installed at the intersection of Kyoto Gardens Drive and RCA Center Drive,
subject to the approval of the City Engineer and City Forester, unless
otherwise determined by the Art in Public Places Advisory Board and the
City Council: and shall be installed prior to the last Certificate of Occupancy
on site. The parcels adjacent to the intersection shall dedicate an easement
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Date Prepared: October 19. 2005
Resolulion 166, 2005
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on each lot for art in public places at the corners of the intersection during
the replat process for the parcels. The size of the easement shall be
determined during the site plan review process. Should the Applicant
choose not to provide the art on site, the Applicant shall instead contribute
the required funds to the City’s art account. If the Applicant chooses the
option of providing art funds, (1) the Applicant shall provide notification to
the City in writing that it has chosen the art funds option prior to the
issuance of the first building permit for vertical construction; (2) the
Applicant will have no input in the use of such funds; and (3) the art in public
places easements shall be abandoned. (Planning & Zoning)
3. Prior to the issuance of the first Certificate of Occupancy on site, the
Applicant shall obtain approval of a Master Signage Program for the
Property. (Planning & Zoning)
4. The Applicant shall provide vehicular connections between sites, where
appropriate and feasible, to the satisfaction of the Growth Management
Administrator and City Engineer, so that vehicles parked within the site that
wish to access RCA Center Drive may do so without having to utilize Kyoto
Gardens Drive. (Planning & Zoning)
5. The development on site shall be limited to a maximum of 600,000 square
feet of light industrial use and a maximum of 240,000 square feet of office
use. Any proposed increase in the office square footage that is determined
by staff to meet the thresholds established in the Florida Statutes for
Development of Regional Impact review shall be accompanied by a Letter of
Interpretation from the Florida Department of Community Affairs confirming
that the project is not required to undergo Development of Regional Impact
review. Any increase in the office square footage shall also be subject to
review by the City Council. (Planning & Zoning)
6. Prior to the issuance of each occupational license or building permit for
interior improvements to tenant spaces, the Applicant, its successors, or
assigns shall submit a breakdown, by use (office, industrial, and any
ancillary commercial), of the gross square footage within the PCD for
approval by the Planning and Zoning Division. (Planning & Zoning)
7. Retail sales and consumer services establishments are allowed only as
accessory uses to any permitted or conditional use within the Ml zoning
district. However, the commercial uses shall not occupy more than five
percent (5%) of the gross floor area of all buildings within the development.
(Planning & Zoning)
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Date Prepared: October 19, 2005
Resolution 166, 2005
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8.
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11.
During the period of effectiveness of this development order, the Applicant
shall annually provide the City with a status report on all the approved
elements of the PCD, including a summary of completed construction, a
schedule of proposed construction over the remaining life of the
development order, and verification of compliance with all conditions of
approval. The annual report should be provided each year prior to the
anniversary date of the approval of this Resolution. (Planning & Zoning)
Prior to the issuance of first Certificate of Occupancy on site or within sixty
(60) days of the acceptance of the Kyoto Gardens Drive construction by the
City, whichever comes first, the Applicant shall install at least two (2)
fountains within the lake, to the satisfaction of the City Engineer, at locations
approved by the Growth Management Administrator. (Planning & Zoning,
City Engineer)
The Public Access Easements that provide access to certain parcels from
Kyoto Gardens Drive shall have sidewalks on both sides, with a minimum
width of five (5) feet. (Planning & Zoning)
Applicants requesting site plan approval for the individual parcels within the
PCD shall send public notices via regular mail to all property owners within
500 feet of the FCD boundaries at least ten (10) days prior to any Planning,
Zoning, and Appeals Board or City Council meeting at which said site plan
application will tle heard. (Planning & Zoning)
Landscapinq
12. By January 30, 2006 (sixty (60) days from the date of this approval), the
Applicant shall submit a landscape plan, to the satisfaction of the City
Forester, for (1) the supplemental landscaping within the ten (10) acre
preserve and the landscape buffer on the north side of Kyoto Gardens
Drive; (2) the portion of RCA Center Drive extending from the Property to
the northern boundary of the RCA Center PUD located to the south of the
Property; (3) the western road shoulder of Alternate A1A from PGA
Boulevard to the northern boundary of the Property; and (4) the Alternate
A1A median frorn PGA Boulevard to Kyoto Gardens Drive. (City Forester)
13. Within six (6) months of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the ten (10) acre presewe in
accordance with the landscape plan for the same approved by the City
Forester. (City f'orester)
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Date Prepared: October 19, 2005
Resolution 166,2005
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14.
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Within sixty (60) days of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the buffer on the north side of
Kyoto Gardens Drive adjacent to the lake in accordance with the landscape
plan for the same approved by the City Forester. (City Forester)
Prior to any clearing within the individual development parcels within the
Property, the Applicant shall obtain a Clearing Permit from the City Forester.
The clearing of the individual parcels shall not occur until such time when
the site plan and plat for the specific parcel are approved by the City
Council, and infrastructure construction plans for the parcel are approved by
the City Engineer. Notwithstanding the foregoing, the Applicant may obtain
a Clearing Permit from the City Forester to clear portions of the individual
parcels prior to the approval of the site plan and plat for the specific parcel,
which clearing shall be strictly for the purposes of road andlor public
infrastructure construction. (City Forester)
The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within (1) the portion of Kyoto Gardens
Drive from Military Trail to Alternate A1A; (2) the western road shoulder and
one-half (1/2) of the median of Alternate AIA from PGA Boulevard to the
northern boundary of the Property; and (3) the northern road shoulder and
one-half (1/2) of the median of PGA Boulevard from Alternate A1A to
Interstate 95. (City Forester)
The landscaping within the road shoulder and medians of Kyoto Gardens
Drive and RCA Center Drive located within the Property, as well as the
portion of RCA Center Drive extending from the Property to the northern
boundary of the RCA Center PUD located to the south of the Property, shall
be completed when the construction of said roads are accepted by the City.
The landscaping within the western road shoulder of Alternate A1A from
PGA Boulevard to the northern boundary of the Property and the Alternate
A1A median from PGA Boulevard to Kyoto Gardens Drive shall be installed
within six (6) months of the issuance of the first clearing permit for an
individual parcel within the PCD. (City Forester)
18. In the event the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of contiguous
rights-of-way, then the PGA Corporate Center Property Owners Association,
its successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the Applicant and the City of Palm Beach Gardens.
(City Forester)
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Date Prepared: October 19, 2005
Resolution 166, 2005
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En 4 in e e ring
19.
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The build-out date for this project is December 31, 2005. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide written authorization from all appropriate utility agencies for the
constructionllandscapingllighting within the respective utility easements.
(City Engineer)
Prior to the issuance of the first Certificate of Occupancy, reflectors per
FDOT Index 17349 shall be constructed at the temporary dead end of the
north-south roadway within Parcel 5A (if the roadway construction is not
fully completed to the south). (City Engineer)
Prior to the issuance of the final Certificate of Occupancy, the Applicant
shall construct littoral zones at the locations shown on the PCD Master
Plans. Fifty percent (50%) of the littoral zones, based on linear feet of lake
bank, shall be a shelf with a slope no steeper than one (1) foot vertical to
ten (10) feet horizontal (1:lO) to a distance no deeper than two (2) feet
below the control elevation. (City Engineer)
All trees planted within the littoral zone areas shall be restricted to the 1O:l
littoral shelves and must be approved by the City Forester. Trees shall be
planted in clusters no greater than 30 feet wide: and cluster trees cannot be
closer than 40 feet to another cluster; and single or cluster trees shall not be
planted closer than 75 feet to a drainage structure. (City Engineer)
By April 17, 2006 (four (4) months from the approval of this Resolution), the
Applicant shall plat the Property. No site plan applications for the individual
parcels within the PCD will be reviewed by the City's Development Review
Committee until such time when the plat for the Property is approved by the
City Council. (City Engineer)
Within one hundred twenty (120) days from the issuance of each building
permit for vertical construction for an individual parcel, the parcel shall be
replatted. (City Engineer)
The Applicant shall copy to the City all permit and permit applications,
certifications, and approvals. (City Engineer)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
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Date Prepared: October 19, 2005
Resolution 166, 2005
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28. The Applicant shall comply with the following:
a. No building permits shall be issued for more than 3,137 daily external
trips until the provision of exclusive northbound dual left-turn lanes and
eastbound right-turn lane has commenced at the intersection of
Alternate AIA and Hood Road. This roadway improvement is not an
assured construction. Any approval above the 3,137 trips limit will be
contingent on the execution of a public facilities agreement for the
funding of this roadway improvement. (PBC Traffic Division)
b. No building permits shall be issued for more than 3,644 daily external
trips until the linkage roadway segment between Military Trail and
Alternate A1A (Kyoto Gardens Drive Extension), and the segment
running underneath the PGA flyover (RCA Center Drive) west of
Alternate AIA connecting Kyoto Gardens Drive to RCA Boulevard has
commenced. (PBC Traffic Division)
c. No building permits shall be issued for more than 4,100 daily external
trips until the addition of an eastbound right-turn lane, westbound right-
turn lane, and northbound right-turn lane has commenced at the
intersection of Alternate AIA and RCA Boulevard. (PBC Traffic
Division)
d. No building permits shall be issued for more than 4,562 daily external
trips until the widening of Alternate AlA to six (6) lanes from PGA
Boulevard to RCA Boulevard has commenced. This roadway
improvement is not an assured construction. Any approval above the
4,562 trips limit will be contingent on the execution of a public facilities
agreement for the funding of this roadway improvement. (PBC Traffic
Division)
e. No building permits shall be issued for more than 4,948 daily external
trips until the addition of a southbound through lane has commenced at
the intersection of Alternate A1A and Donald Ross Road. This roadway
improvement is not an assured construction. Any approval above the
4,948 trips limit will be contingent on the execution of a public facilities
agreement for the funding of this roadway improvement. (PBC Traffic
Division)
f. Prior to the issuance of the building permit for vertical construction for
any parcel, the Applicant shall submit a trip generation analysis
identifying the number of trips generated by all existing development
within the PCD and the trips generated by the parcel under development
consideration. (City Engineer)
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Date Prepared: October 19, 2005
Resolution 166, 2005
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29. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide surety for public
infrastructure and all landscaping and irrigation costs for the overall project
infrastructure which are not included in the previously-submitted bonds for
the public roads within the Property (Bond No. 964004234). The required
surety shall be based on a cost estimate for the project, including public
infrastructure and all landscaping and irrigation costs, that shall be reviewed
and approved by the City in order to establish surety. The cost estimate
shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first building permit. This surety is separate from that
which will be required for each individual lot as each is developed. (City
Engineer)
30. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide a cost estimate for
the on-site project improvements for the overall project, not including public
infrastructure, landscaping, and irrigation costs, for review and approval by
the City. Said cost estimate is separate from those cost estimates which will
be required for each individual lot as each is developed. The cost estimate
shall be signed and sealed by an engineer and shall be posted with the City
prior to the issuance of the first building permit. (City Engineer)
31. The Applicant shall comply with all Federal EPA and State of Florida
Department of Environmental Protection NPOES permit requirements,
including, but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices, as
generally accepted by the Environmental Planning Agency (EPA) andlor
local regulatory agencies, for construction activities, submission of a Notice
of Intent to EPA or its designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
32. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the Applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida. (City Engineer)
33. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
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Date Prepared: October 19, 2005
Resolution 166, 2005
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34. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall schedule a pre-permit meeting with City staff.
(City Engineer)
35. Whenever possible, development application submittals made to the Growth
Management Department for the individual parcels within the PCD shall
include both electronic and hard copies of all documents submitted to the
satisfaction of the City Engineer and Growth Management Administrator.
Notwithstanding the foregoing, CAD files of the areas designated on a site
as open space shall be included in all development submittals to the
satisfaction of the City Forester. (City Engineer)
Miscellaneous
36. Required digital files of the approved PCD master plan and plat shall be
submitted to the Planning and Zoning Division prior to the issuance of the
first Certificate of Occupancy, and approved civil design and architectural
drawings for each site shall be submitted prior to the issuance of the
Certificate of Occupancy for each site. (GIs Manager, Development
Compliance Officer)
37. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential widening of the RCA Center
Drive to four (4) lanes, shall be furnished by the Applicant to the City
Attorney for review and approval prior to such documents being recorded in
the Public Records of Palm Beach County. (City Attorney)
38. Any office space within an individual parcel that is ancillary to a principal
industrial use on the parcel shall be limited to a maximum of 40% of the
square footage on site in order to be classified as being ancillary to the
industrial use. Any office space beyond said threshold shall be required to
count towards the office use on site. (Planning & Zoning)
SECTION 5. This Planned Community Development shall be constructed in
compliance with the following plans on file with the City's Growth Management
Department:
1. Sheets 2 of 6 through 6 of 6: Site Plans and Details, prepared by Cotleur
Hearing, last sealed on November 18, 2005, and received and stamped by
the City on November 18,2005.
2. Sheets 1 of 4 through 4 of 4: Roadway Landscape Plans and Details,
prepared by Cotleur Hearing, last sealed on November 18, 2005, and
received and stamped by the City on November 18, 2005.
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Date Prepared: October 19, 2005
Resolution 166, 2005
SECTION 6, This approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 7, This Resolution shall become effective immediately upon adoption.
$r PASSED AND ADOPTED this I--- day of Dah lbX ,2005.
ATTEST: L/
BY:
Patricia Snider, CMC, City herk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorney\attorney_shareWESOLUTlONS\5A . reso 166 2005-as amended-12-l-05.doc
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As Amended by Council: January 6,2005
Date Prepared: September 17, 2004
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RESOLUTION 196,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE PALOMA PLANNED UNIT
DEVELOPMENT (PUD), GENERALLY LOCATED SOUTH OF HOOD
ROAD, WEST OF MILITARY TRAIL, EAST OF CENTRAL
BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE HIGHWAY
95, AND NORTH OF THE SABAL RIDGE PLANNED UNIT
DEVELOPMENT (PUD), AS DESCRIBED MORE PARTICULARLY
HEREIN, TO ALLOW FOR 199 SINGLE-FAMILY DWELLING UNITS,
196 MULTI-FAMILY DWELLING UNITS, AND ACCESSORY
STRUCTURES I USES; PROVIDING FOR WAIVERS; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City of Palm Beach Gardens received an application (PUD-04-
05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district
of Residential Low (RL-3) and approval for a master site plan for 199 single-family units
and 196 multi-family units on an approximately 156.46-acre site, generally located at the
southwest corner of Hood Road and Military Trail, which lies within the municipal
boundaries of the City of Palm Beach Gardens, as more particularly described herein;
and
WHEREAS, the subject site has been zoned to Planned Unit Development
(PUD) Overlay with an underlying zoning of Residential Low (RL-3); and
WHEREAS, the Master Development Plan was reviewed by the Planning,
Zoning, and Appeals Board at a public hearing conducted on July 27, 2004, which
recommended approval of the Master Development Plans to the City Council with a
vote of 5-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens; and
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Date Prepared: September 17,2004
Resolution 196.2004
WHEREAS, the City Council has determined that this Resolution is consistent
with the City's Comprehensive Plan based on the following findings of fact:
1. The applicant has met the intent of the City's Comprehensive Plan, and the
proposed development is consistent with the Comprehensive Plan.
2. The applicant has demonstrated compliance with the City's Land
Development Regulations.
3. The proposed use is not a detriment to the public safety and welfare within
the City of Palm Beach Gardens.
4. The applicant has provided adequate screening and buffering in order to
mitigate the impact of the proposed development.
5. The proposed uses and site plan are in harmony with the general purpose
and intent of the Code.
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 Master Development Plan application for Paloma Planned Unit
Development (a.k.a. Parcel 318) is hereby APPROVED on the following described real
property to permit the development of 199 single-family dwelling units and 196 multi-
family townhomes, with accessory structures, on a 156.46-acre site located at the
southwest comer of Hood Road and Military Trail, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
LEGAL DESCRIPTION:
PARCEL 31.03
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID SECTION 1; THENCE SOUTH 88'34'52" EAST, ALONG THE NORTH LINE
LINE OF INTERSTATE 95 AND THE POINT OF BEGINNING OF THE HEREIN
WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31'40'34" EAST,
OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY
DESCRIBED PARCEL; THENCE SOUTH 30'31'49" EAST, ALONG SAID RIGHT-OF-
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET
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T-u-
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Date Prepared: September 17,2004
Resolution 196,2004
TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'19'26" EAST, A RADIUS
OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46"; THENCE PROCEED
WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE
DISTANCE OF 280.19 FEET; THENCE NORTH 01'43'40 " EAST, A DISTANCE OF
1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH
88'34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL,
SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
SOUTH 88'32'18" EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A
TOGETHER WITH A PORTION OF PARCELS 31.04 AND 31.05;
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER
OF SAID SECTION 36, THENCE NORTH 88'34'52" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF
BEGINNING. THENCE NORTH 88'34'52" WEST, ALONG SAID SOUTH LINE, A
95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 30'31'49l
DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET; THENCE
DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88'34'52" WEST, A
DISTANCE OF 456.20 FEET; THENCE NORTH 01'25'08' WEST, A DISTANCE OF
341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13'25'31";
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 28'21'19";
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
567.15 FEET; THENCE NORTH 16'20'57" EAST, A DISTANCE OF 957.79 FEET TO A
RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A
CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66'38'32" WEST, A
CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS
DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC
RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF
NORTH 62'01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
OF 27'1 1'16; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT-
OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE;
THENCE NORTH 00'47'15" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC
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Date Prepared: September 17,2004
Resolution 196, 2004
RECORDS; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF-
WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581,
OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483,
PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST,
7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG
FEET; THENCE SOUTH 00'18'53" WEST A DISTANCE OF 250.03 FEET TO A
IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01'13'53" WEST
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02"34'09"; THENCE
DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A
WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH 01'43'37" WEST A DISTANCE OF 200.84
FEET TO THE POINT OF BEGINNING.
ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK
SAID RIGHT-OF-WAY LINE SOUTH 01'13'53" WEST A DISTANCE OF 261.11
POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO
SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A
CENTRAL ANGLE OF 02'04'30"; THENCE SOUTHERLY ALONG SAID RIGHT-OF-
CONTAINING 6,815,592.28 SQUARE FEET OR 156.46 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1.
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4.
Waiver to Section 78-441 (c), Plat, to allow issuance of permits for model
homes for the project prior to adoption of the Plat. The City's Land
Development Regulations require adoption of a project plat prior to issuance
of permits for development.
Waiver to Section 78-141, Minimum lot area, to allow a reduction in the
minimum lot area to 3,220 square feet for the townhomes and 6,000 square
feet for the single-family homes. The City's Land Development Regulations
require a minimum lot area of 6,500 square feet.
Waiver to Section 78-141, Minimum lot width, to allow a reduction in the
minimum lot width to 28 feet for the townhomes and 50 feet for the single-
family homes. The City's Land Development Regulations require a
minimum lot width of 65 feet.
Waiver to Section 78-141 , Minimum lot coverage, to allow an increase in the
maximum lot coverage to 50% for the townhomes and 45% for the single-
family homes. The City's Land Development Regulations require minimum
lot coverage of 35%.
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Date Prepared: September 17,2004
Resolution 196, 2004
Waiver to Section 78-141 , Minimum side setback, to allow a reduction in the
minimum side setback to 7.5’10’ feet for the townhomes and 5 feet for the
single-family homes. The City’s Land Development Regulations require a
minimum side setback of 7.5’ or 10% of the lot width, whichever is greater.
Waiver to Section 78-141, Minimum rear setback, to allow a reduction in the
minimum rear setback to 5 feet (screensldecks) for the townhomes and 5
feet (screensldecks) I 7 feet (pool) setbacks for the single-family homes.
The City’s Land Development Regulations require a minimum rear setback
of 10 feet.
Waiver to Section 78-285, Signs for residential development, to allow a
double-faced sign within the entry median to each residential parcel. The
City’s Land Development Regulations allow one sign face.
SECTION 4. Said Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
Landscaping and Maintenance
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3.
Landscaping and irrigation within medians and adjacent roadway shoulders
for Military Trail, Central Boulevard, and Hood Road shall be installed within
six (6) months of the issuance of the first clearing permit. A one-time six (6)
month extension to complete buffer and improvements may be granted by
the Growth Management Director upon review of sufficient justification. The
Growth Management Department shall inspect the supplemental planting for
the presetve areas and buffers where voids in groundcover and shrubs
occur in order to screen the project. The City Forester and Landscape
Architect of Record shall work together on a plan, if necessary, to fill any
voids with additional landscaping, as required , achieving said screening for
the preserve area. (City Forester)
Landscaping and irrigation within medians and adjacent roadway shoulders
for the East-West Roadway and the North-South Roadway shall be installed
prior to the issuance of the first Certificate of Occupancy. A one-time six (6)
month extension to complete buffer improvements may be granted by the
Growth Management Director upon review of sufficient justification. (City
Forester)
The applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders, as
well as maintenance of lighting and hardscape within those sections of
public rights-of-way adjacent andlor contiguous to the Paloma Planned Unit
Development (PUD), including:
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Date Prepared: September 17,2004
Resolution 196, 2004
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(a)Military Trail from the southern terminus of the site to Hood Road. The
applicant shall pay the City its pro-rata share of the total cost of
maintenance of the median.
(b) Hood Road from Military Trail to Central Boulevard. The applicant shall
pay the City its pro-rata share of the total cost of maintenance of the
median.
(c) The internal East-West Roadway and North-South Roadway within the
internal limits of the Planned Unit Development.
(d)Central Boulevard from Hood Road to the southern terminus of the site.
(City Forester)
4. The applicant shall be required to provide pedestrian scale (maximum
fourteen foot (14') height) lighting along the pedestrian pathways along
Military Trail, Hood Road, and Central Boulevard. The lighting plan for the
meandering pedestrian sidewalk within the parkway/preserve area shall be
submitted within thirty (30) days of approval. (Planning & Zoning)
5. The applicant shall place all utility lines underground along Military Trail and
any utility lines along Central Boulevard that cross City roadways. (City
Forester, Planning & Zoning)
6. Development Order Condition No. 3 may be amended by separate
agreement with the City. (City Forester)
7. Within six (6) months of issuance of the clearing permit, the applicant shall
replace all existing Ribbon Palms with Sabal Palms within the adjacent
Military Trail medians. (Planning & Zoning)
8. The recreation area in Parcel B (including, but not limited to, building
facilities, pool, landscaping, hardscape, and accessory structures) and the
entry road landscaping for Parcels A and B (pod of development) shall be
completed and Certified for Occupancy prior to issuance of the Certificate of
Occupancy for the ninety-eighth (98') residential unit within Parcels A and B
combined. The recreation area and entryway improvements in Parcel C
shall be completed prior to the issuance of the Certificate of Occupancy for
the one hundredth (100') residential unit in Parcel C. (City Forester)
9. Prior to the issuance of the final Certificate of Occupancy, the applicant shall
remove all exotic vegetation from the preserve areas. No non-native plant
may be established in a preserve area. (City Forester)
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Date Prepared: September 17,2004
Resolution 196, 2004
Transportation I Traffic Concurrency
The project build-out date is December 31,2007. (City Engineer)
Applicant shall comply with any and all Palm Beach County Traffic
Division Concurrency conditions as outlined in the PBC Traffic Concurrency
approval. (City Engineer)
No more than 3,260 net new external daily trips shall be permitted until the
contract has been let for the construction of Kyoto Gardens Drive from
Military Trail to Alternate AIA. (City Engineer)
The applicant, successors, or assigns shall monitor traffic operations studies
(supplemental operations analysis) of the East-West Roadway and Military
Trail intersection beginning during peak season after the issuance of the
first certificate of occupancy and every six (6) months thereafter until the
build-out date. Should the study indicate a need for any
roadwaylintersection improvements as determined by the City Engineer, the
applicant, successors, or assigns shall be responsible. The City shall
reimburse the applicant for the cost of any roadway improvements to the
extent that the City collects pro-rata funds from other developments having
an impact on the intersections as determined in their development orders.
(City Engineer)
For all improvements that are not assured construction, the developer shall
enter into a Public Facility Agreement (PFA) with Palm Beach County for
funding of the roadway improvements in a form acceptable to the County
Engineer, within six (6) months of the issuance of the development order
and before the first permit is issued. (Palm Beach County)
Prior to the issuance of the first building permit for any structure, the
applicant shall provide surety, acceptable to the City, for the construction of
the public improvements. The applicant shall provide an annual evaluation
and adjustment of the surety for the public improvements to account for
inflation and fluctuations of construction costs. The annual evaluation and
adjustment shall be performed prior to the anniversary of the Development
Order approval of each year. (City Engineer)
Upon receipt of this development order and continuing through substantial
completion of construction, the petitioner shall bi-annually provide the City
with a status report on all the approved elements of the PUD, including, but
not limited to, the compliance or status of any conditions of approval placed
on the project by this approval and any future approval until the project is
completed, as well as a summary of completed construction and schedule
of proposed construction over the remaining life of the development order.
(Planning & Zoning, City Engineer)
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Date Prepared: September 17,2004
Resolution 196, 2004
17. Commencing after the issuance of certificates of occupancy for fifty percent
(50%) (197 dwelling units) of the residential units, the applicant shall
perform and submit an annual Signal Warrant Study for the intersection of
the East-West Roadway and Military Trail. The methodology of the traffic
analysis shall be determined by the City Engineer. The annual traffic
analysis shall be conducted until such time as signals are warranted at the
above-described intersections or until two (2) years after issuance of
certificates of occupancy for ninety percent (goo/,) or 355 dwelling units of
the project. Should the warrant indicate a need for a signal at the East-
West Roadway and Military Trail, the applicant, successors, or assigns shall
be required to install the signal. The signal shall be installed to be fully
operational, including all appropriate lane geometry (as determined by Palm
Beach County and the Florida Department of Transportation), pavement
markings, signage, and lighting. The City shall reimburse the applicant for
the cost of the signal and installation to the extent that the City collects pro-
rata funds, as determined by the City Engineer, from other developments
having an impact on the intersections as determined in their development
orders. (City Engineer)
18. The plats for Paloma, the North-South thoroughfare, and the East-West
thoroughfare, including the dedications for the drainage easements and
roadway easements, shall be submitted to and approved by the City and
placed in the official record books of Palm Beach County prior to the
issuance of the first building permit, excluding clearing permits and model
homes. (City Engineer)
19. The applicant, successors, or assigns shall pay their fair share (pro-rata
share) for a traffic light as determined by the City Engineer when one is
warranted and approved by Palm Beach County for the intersection of the
East-West roadway and Central Boulevard. (Planning & Zoning)
20. Prior to the issuance of the first Certificate of Occupancy, the East-West
thoroughfare (from Military Trail to Central Boulevard) and the North-South
thoroughfare (from Hood Road south to the southern terminus of the
western entrance of Parcel C) must be completed (including imgation,
hardscape, and landscaping) and accepted by the City. (City Engineer, City
Forester)
Crime Prevention Throuqh Environmental Design (CPTED)
21. The applicant shall provide metal halide lighting within the entire amenity
(recreation) area and along the entryway leading into the recreation area.
The applicant may provide high-pressure sodium lighting within the
remainder of the residential community. (Police)
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22. The applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (C PTE D) principles , which
consist of the following:
(a) Landscaping shall not conflict with lighting, including long-term tree
growth.
(b) A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
(c) Pedestrian walkways shall use lighting that is no greater than fourteen
(14) feet in height.
(d) Numerical addresses shall be illuminated for nighttime visibility, shall
have bi-directional visibility from the roadway, and shall be a minimum of
six (6) inches in height. (Police)
Miscellaneous
23.
24.
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26.
Prior to the issuance of any building permit, the applicant shall:
(a) Provide a street address system depicting street names and residential
nurnericals for emergency response purposes. Address system
depiction shall be in 8.5” X I I” map format. (Police)
(b) Install and have operational temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models. (Engineering, Fire).
Required digital files of the approved plat shall be submitted to the Planning
and Zoning Division prior to the issuance of the first building permit, and
approved civil design and architectural drawings shall be submitted prior to
the issuance of the first Certificate of Occupancy. (GIS Manager,
Development Compliance Officer)
Prior to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Master Property Owners Association and
Homeowners Association documents to the City Attorney for review and
approval prior to such documents being recorded in the Public Records of
Palm Beach County. (City Attorney)
Prior to issuance of the first building permit, the petitioner shall submit to the
City Attorney and the Planning and Zoning Division documents
demonstrating unity of control by the petitioner or the property owners
association over the entire PUD. (City Attorney)
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Resolution 196, 2004
27. Prior to issuance of the first Certificate of Occupancy, the applicant,
successors, or assigns shall install an aeration system within all lakes
located within the subject project and shall bear the perpetual responsibility
of maintenance of such system. (Planning & Zoning)
Enqlneering
28. Six (6) months after issuance of the first residential building permit and
semiannually thereafter until issuance of the final certificate of occupancy
the applicant, successors, or assigns shall submit a report showing the
number of approved permits and certificates of occupancy issued to date.
(City Engineer)
29. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
30. The applicant shall submit construction plans for City review and approval
and surety for demolition and lien protection prior to the issuance of the
building permit for any dry models. Prior to occupancy, the plat shall be
approved and construction of a stabilized emergency access drive shall be
completed and accepted by the City Engineer and City's Fire Department.
The following standard dry model conditions of approval apply:
(a) Prior to the issuance of the first building permit, the applicant shall post
a letter of credit for the model units in the amount of one-third (1/3) the
construction cost per model for the purposes of demolition and lien
protection, to be determined by the City Engineer, to remain in effect
until the plat is recorded. (City Engineer)
(b) No access by the general public shall be allowed to a model home until
the Certificate of Completion is issued. (Code Enforcement)
(c) No individual lots shall be allowed to transfer title until the plat has been
recorded. (City Engineer)
(d) The applicant acknowledges that the waiver granted from the
platting requirement is at the applicant's risk and that any potential
construction changes to the model homes due to the eventual plat
recordation is the sole responsibility of the applicant. (City Engineer)
(e) Prior to the issuance of the first Certificate of Occupancy for the model
units, the applicant shall construct accessible and operational fire
hydrants and a stabilized road base, subject to City standards, for
fire/emergency access, both of which shall be approved by the City
Engineer and Fire Department. (City Engineer, Fire Rescue)
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Resolution 196, 2004
I 31. Prior to the issuance of the first building permit, the applicant shall provide
2 construction plans of the Temporary Sales Center and Temporary
3 Construction Center for review, and shall provide a cost estimate for City
4 review and approval for demolition and lien protection. (City Engineer)
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6 32. Prior to the issuance of the first building permit, the applicant shall provide a
7 pavement marking and signage plan for review and approval. (City
8 Engine e r)
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10 33. Prior to issuance of the first building permit, including the building permit for
11 clearing and grubbing, the applicant shall provide drainage calculations and
12 design data, to the satisfaction of the City Engineer, for the suitability of the
13 20-foot and 25-foot pass-through drainage easements from lands lying
14 south of Sable Ridge subdivision to the canal right-of-way. (City Engineer)
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16 34. Prior to Construction Plan review, the applicant shall provide a Paver Block I
17 Concrete Ribbon detail for review meeting the City’s structural number
18 requirements in accordance with LDR Section 78-499. (City Engineer)
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20 SECTION 5. Said Planned Unit Development shall be constructed in compliance
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24 through 7.
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26 2. Paloma Gateway & Entrance Details, 08.02.2004, UDS, Sheets SD-1
27 through SD-10.
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29 3. Paloma Parcel A, B & C Entrance Planting Plan, Common Area, &
30 Prototype Landscaping/Planting Plans, 08.02.2004, Sheets L1 through L21.
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32 Buffer Plans, 06.1 1.2004, UDS, Sheets L-01 through L-14.
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34 5. Single-Family Product Design 2142, 11.10.04, Harrington, 4 sheets.
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36 6. Single-Family Product Design 2790, 11.10.04, Harrington, 4 sheets.
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38 Single-Family Product Design 2641 , 11.10.04, Harrington, 4 sheets.
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40 Single-Family Product Design 301 7, 11.10.04, Harrington, 4 sheets.
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42 9. Single-Family Product Design 3325, 11.10.04, Harrington, 4 sheets.
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44 10. Single-Family Product Design 3521, 11.10.04, Harrington, 4 sheets.
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46 11. Townhome Product Design “A, 11.01.04, Harrington, 8 sheets.
with the following plans on file with the City’s Growth Management Department:
Paloma Overall Site Plan, Site Data & Details, 08.02.2004, UDS, Sheets 1
4.
7.
8.
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Resolution 196, 2004
(The remainder of this page left intentionally blank)
1 12. Townhome Product Design "BO', 11.01.04, Harrington, 8 sheets.
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3 13. Townhome Product Design "C".
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5 14. Design Guidelines for Paloma Single-Family Homes, 2 pages.
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7 15. Design Guidelines for Paloma Townhomes, 1 page.
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SECT\ON 6. Said approval shall be consistent with all representations made by
SECTION 7. This Resolution shall become effective immediately upon adoption.
the applicant or applicant's agents at any workshop or public hearing.
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Date Prepared: September 17, 2004
Resolution 196, 2004
PASSED AND ADOPTED this 6'p day of ,2005.
ATTEST:
BY:
Patricia Snider, Cityklerk -
GARDENS, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: BY:
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
AYE NAY ABSENT
J ---
J ---
J --- d'
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Date Prepared: November 9, 2004
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il6
RESOLUTION 21 6,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “RCA CENTER PUD” (A.K.A.
“PARCEL 5B”), LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE AIA AND PGA BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE,
100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE
FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING
AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 30-ACRE
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City has received an application (PUD-04-04) from Mr. William
D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master
development approval to allow the development of 150,000 square feet of retail use,
100,000 square feet of office use, and 50,000 square feet of industrial use on an
approximately 30-acre parcel of land, known as the “RCA Center PUD” (a.k.a. “Parcel
5B”), generally located on the southwest corner of Alternate AlA and PGA Boulevard,
as more particularly described herein; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
November 23,2004, meeting and recommended its approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
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Date Prepared: November 9,2004
Resolution 216, 2004
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 afined and ratified.
SECTION 2. The Master Development Plan application of Mr. William D. Waters
of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the
following real described property, to permit the development of 150,000 square feet of
retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on
an approximately 30-acre parcel of land, known as "Parcel 5B," generally located on the
southwest corner of Alternate AIA and PGA Boulevard, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following eight (8) waivers:
1.
2.
3.
4.
Section 78-563, Lake maintenance tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in specific areas identified on
the approved development plan.
Section 78-285, Permitted signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenanvbuilding ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permitted signs, to allow for principal tenantlbuilding ID
signs to be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a
centerline separation of less than 150 feet.
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Oate Prepared: November 9, 2004
Resolution 216, 2004
5. Section 78-306(d), Easement encroachment, to allow for 12 feet of a
required 20-foot landscape buffer along the easternmost property line to be
encumbered by a utility easement.
6. Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
7. Section 78-287(e), General standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas.
8. Section 78-344(l)( I ), Minimum dimensions, to allow 9.5-foot-wide parking
spaces at certain locations at reflected on the approved site plan.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Ennineerinq
1.
2.
3.
4.
5.
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written authorization from utility
owners allowing landscaping within their existing andlor proposed utility
easements. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Photometric Plan, signed, and sealed by a professional engineer
licensed in the State of Florida, meeting the requirements of LDR Section
78-1 82. Said plan shall provide pedestrian scale lighting along all walkways
and thoroughfares, including PGA Boulevard. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida in accordance with Section 78-448 of the LDR. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
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Resolution 216, 2004
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6. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs for
review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
7. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
8. The applicant shall provide the City copies of all permit applications and
approvals. (City Engineer)
9. The applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements, including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
Management Practices (BMP) for construction activities, submission of a
Notice of Intent to EPA or their designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
10. The construction, operation, and/or maintenance of any elements of the
subject project shall have no negative impacts on the existing drainage of
surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the applicant's
. responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
11. The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letter issued for this property. (City Engineer)
12. Prior to the issuance of the first land alteration permit, the applicant shall
schedule a pre-permit meeting with City staff. (City Engineer)
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Resolution 216, 2004
13. Kyoto Gardens Drive
a. The applicant shall deliver to the City surety in a form acceptable to the
City Attorney, which surety shall ensure the construction of the Kyoto
Gardens Drive Extension. The Kyoto Gardens Drive Extension shall
consist of a four (4) lane divided roadway with landscaped medians,
approximately 2,300 feet in length, connecting Military Trail to Alternate
AlA, including an at-grade crossing of the FEC trackbed. The applicant
shall be responsible for the costs of design and construction of this
roadway as a two (2) lane roadway, and the City shall be responsible for
reimbursing the applicant for the costs of design and construction of the
additional two (2) lanes, as set forth in the engineering estimate attached
as Exhibit "A" to the Memorandum of Agreement. Said construction shall
commence no later than March 31, 2005, and completion of said
improvements as set forth in the Memorandum of Agreement. As
additional assurance, the applicant shall submit, no later than December
30, 2004, a Memorandum of Agreement in a format acceptable to the
City Attorney on behalf of the City, and the following entities: RCA
Center I1 of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD
to further define the obligations relating to the roadway design and
construction.
b.
C.
d.
e.
The applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31, 2005.
The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
the City will be permitted to expand the existing lake north of the Kyoto
Gardens Drive right-of-way for the purposes of providing drainage for the
Kyoto Gardens Drive roadway and to provide the fill for construction of
the roadway at no cost and without restriction.
The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
they will sign and support all permit applications as required to design
and build Kyoto Gardens Drive.
All contracts for design and construction of the Kyoto Gardens Drive
extension shall be submitted to the City for review and approval by the
City Engineer and City Attorney. Said construction contracts shall
contain a provision that makes such contracts fully assignable to the
City.
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Resolution 216, 2004
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14. 5BRoad
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
between the present northern terminus of said road and the north
boundary of Parcel 58. This parcel and all other portions of the
NorthlSouth Road owned by FDOT and NPBCID are hereinafter referred
to as the "5B Road."
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 58, design, build, and construct the "58 Road" as
a two (2) lane divided roadway with landscaped median within a fifty (50)
foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot
right-of-way may be utilized for landscape buffer calculations and
setback requirements.
15. 5A Road
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
connecting the 5B Road to Kyoto Gardens Drive, hereinafter referred to
the "5A Road."
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the "5A Road" as
a two (2) lane divided roadway with landscaped median within a 50-foot
right-of-way. The east 15 feet and the west 15 feet of the 80-foot right of
way may be utilized for landscape buffer calculations and setback
requirements.
c. The applicant shall deliver to the City surety, in a form acceptable to the
City Attorney, to ensure the construction of the 5A Road at the time the
surety described in Condition 6 is submitted to the City.
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Resolution 216, 2004
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Landscapinq
16. Within six (6) months of the issuance of the first clearing permit, the
landscaping shall be installed within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property, unless landscaping is installed in said areas by the
FDOT as part of the PGA Flyover project; and (2) the landscape buffers
along PGA Boulevard, RCA Boulevard, and Alternate A1A. The Growth
Management Administrator shall be authorized to grant up to two (2), three
(3) month extensions to this requirement upon demonstration by the
applicant of a good-faith effort to satisfy the same in a timely manner. (City
Forest e r)
17. Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within both the
northkouth and the easvwest thoroughfares within the property. (City
Forest e r)
18. The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property; and (2) the medians and road shoulders within
both the northlsouth and the eastlwest thoroughfares within the property.
(City Forester)
19. In the event the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of contiguous
rights-of-way, then the RCA Center Property Owners Association, its
successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the applicant and the City of Palm Beach Gardens.
(City Forester)
20. The installation of the covered parking structures, if approved by the City
Council, shall not conflict with landscaping, including long-term tree growth.
(City Forester)
Police
21. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
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Date Prepared: November 9,2004
Resolution 216. 2004
All lighting for streets, parking lots, parking garages, and pedestrian
walkways shall be metal halide. Metal halide lighting shall be used for the
multi-use pathways and sidewalks within the site and shall be lit at a
minimum of 0.6-foot candies. (Police)
Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
Entry signage shall be lighted. (Police)
Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police)
Numerical addresses shall: (I) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
All structures shall use the following target hardening techniques:
a.
b.
C.
d.
0.
Buildings shall be pre-wired for an alarm system.
Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
Rear doors shall have 180degree peephole viewers.
All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police)
28. Prior to the issuance of the first building permit for vertical construction, the
applicant shall work with the Police Department to develop a high-resolution
color digital closed-circuit security surveillance system with monitoring and
photo printout capabilities. The Police Chief shall have final approval on the
required number of cameras and locations thereof within the site. (Police)
Planninq and Zoning
29 Within 90 days of (the effective date of this Resolution), the applicant
shall submit revised development plans to include the items listed below.
Said development plans shall be approved administratively by staff as long
as: (1) all items listed below are included on the development plans to the
satisfaction of the Growth Management Administrator; and (2) any exterior
building modification(s) is architecturally consistent with the approved
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Date Prepared: November 9,2004
Resolution 216, 2004
buildings. Should any of the aforesaid not be adequately satisfied, the
revised development plans shall be reviewed and approved by the City
Council by way of an amendment to the PUD's master plan of development.
No building or land clearing permits shall be issued until revised plans have
been approved.
a.
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The applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
The applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of 12 feet of the buffer is
encumbered by utility easements.
The applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
The applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A "Key Plan" depicting the location of the amenities on
site shall also be included.
The applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, including PGA Boulevard.
The applicant shall provide additional landscaping within the vacant area
north of Building #2 to the satisfaction of the City Forester.
The applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
The applicant shall provide at least 20 additional pedestrian benches
throughout the site and label them on the plan accordingly.
The applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004,
relating to the same, which is on file with the Growth Management
Department.
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Resolution 216, 2004
j. The applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of this Resolution.
30. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
31. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council's previous approval of such shelters. The applicant, its
successors, or assigns shall be responsible for the construction of a bus
shelter in a timely manner to accommodate Palm Tran's needs for the
same. (Planning & Zoning)
32. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than 75% of the first sign. (Planning & Zoning)
33. Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (I) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
34. Tenants having federally registered trademark signs and logos shall be
allowed to use their registered color scheme on signs facing the parking
areas, Signs and logos facing the adjacent and internal rights-of-way shall
be consistent with the color approved in the master sign program.
(Planning & Zoning)
35. Prior to the issuance of the first certificate of occupancy, the property shall
be replatted. Said replat shall dedicate the thoroughfares within the
property to the City. (Planning & Zoning)
36. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
37. Medical or Dental Office use is not allowed unless the applicant submits a
traffic equivalency analysis for review and approval by the City Engineer.
The applicant shall also be required to demonstrate compliance with parking
requirements of the City Code. (Planning & Zoning)
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Resolution 216, 2004
38. Prior to the issuance of each occupational license or building permit for
interior renovations of tenant spaces, the applicant or its agent shall submit
a breakdown by use (retail, office, and industrial) of the gross square
footage for lease for approval by the Planning and Zoning Division to ensure
compliance with the City’s Nonresidential Mixed Use Planned Unit
Development intensity measures. (Planning & Zoning)
39. Outdoor storage within the site is prohibited. (Planning & Zoning)
40. Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time.
(Planning & Zoning)
41. No striped awnings shall be permitted on site. (Planning & Zoning)
42. Prior to issuance of the first building permit, the applicant shall comply with
Section 78-262 of the City Code relative to Art in Public Places. The
applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the
applicant is providing public art on site, the art shall be installed prior to the
issuance of the first Certificate of Occupancy, with the exception of the art
located east of the North/South Road, which shall be installed prior to the
issuance of the first Certificate of Occupancy for any buildings located east
of the North/South Road. (Planning & Zoning)
43 Within 90 days of the effective date of this Resolution, the applicant shall
work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the NorthlSouth Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the Jupiter Corridor Alternatives Analysis determine that a
Tri-Rail station will be constructed on the subject property, the applicant, its
successors, or assigns shall work cooperatively with the SFTRA and the
City to facilitate the construction of said station and all ancillary
uses/structures in a timely manner. Said modifications shall be approved by
the City prior to the issuance of the first Certificate of Occupancy. (Planning
& Zoning)
44. The applicant shall, within 30 days of the effective date of this Resolution,
submit an easement, in a form acceptable to the City Attorney, with the
property owner for the Gardens Station property to the south. The
easement agreement shall provide for the right of use, construction, and
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Resolution 216, 2004
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maintenance of the shared vehicular access from RCA Boulevard, as well
as of the vehicular connections between the two (2) parcels, and shall
include provisions for cost recovery. The costs for constructing and
maintaining the access from RCA shall be equally shared by Gardens
Station and the subject property. Said easement shall be recorded in the
Public Records of Palm Beach County within 90 days of the effective date of
this Resolution. (Planning & Zoning, City Attorney)
Miscellaneous
45. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer)
46. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential transit station and the widening
of the RCA Center Drive to four (4) lanes, shall be furnished by the applicant
to the City Attorney for review and approval prior to such documents being
recorded in the Public Records of Palm Beach County. (City Attorney)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on December 9, 2004, and received and
stamped by the City on December 10,2004.
2. RCA Center Architectural Package, prepared by REG Architects, Inc., last
revised on July 1, 2004, and received and stamped by the City on
November 9,2004.
3. RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November 10,2004.
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon receipt by
the City of all of the following items: the surety described in Condition 13(a) and the
deeds described in Conditions 14(a) and 15(a).
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Date Prepared: November 9, 2004
Resolution 216, 2004
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7 BY: 8
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PASSED AND ADOPTED this 16 lU day of UCC,.., 8yt ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
10 ATTEST:
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13 BY:
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18 LEGAL SUFFICIENCY
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APPROVED AS TO FORM AND
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J
Christine P. Tatum, City Attorney
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27 VOTE:
28
-- AYE NAY ABSENT
--- J
--- /
29 MAYOR JABLIN
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31 VICE MAYOR RUSSO
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/ 33 COUNCILMEMBER DELGADO ---
35 COUNCILMEMBER LEVY --- 1
37 COUNCILMEMBER VALECHE --- /
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46 47 \\PbgsfileMtorney\attomey-shareWESOLUTlONS\Reso 21 6 2004 final clean.doc
13
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM is executed this 32 day of December, 2004 by and
between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited
partnership (sometimes collectively referred to herein as “Catalfumo Entities”) and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
(“City”).
Background
1. The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the “Assured
Construction Agreement”). The City previously sued the Catalfumo Entities for
specific performance of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
2. RCA Center II of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the ”PUO Approval”) for a certain planned unit
development also known as Parcel 58.
3. Pursuant to the City’s Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate A1A to
Military Trail known as Kyoto Gardens Drive Extension (“Kyoto Drive
Improvements”). The City has requested that Kyoto Drive Improvements be
constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit “A” attached hereto
4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto
Drive Improvements commence on or before March 31,2005 I The understanding of the parties is as follows:
1. Catalfumo Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located within the City’s Road Right-of-way in order to expedite the
commencement of construction, it being understood that the bridge portion of the
construction will be able to commence most expeditiously in this fashion. Catalfumo
Entities shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31 I 2005 and in any event as soon as
practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto
Drive Improvements and the other linkage roads through Parcels 5A and 56, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfumo Entities to meet the required time schedules.
2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane
divided (similar to the 58 Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City's
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
"A (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City's
payments to the FEC.
I
3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility for construction of the roadway; the City may use a two
square acre area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights
to excavate and use that acreage for drainage purposes.
4. Catalfumo Entities and its contractors shall comply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drive on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited in accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto Drive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
"piggy-back" onto in order to satisfy the waiver requirements for the public bidding of the
City's portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expansion of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the
Catalfumo Entities to the 4 lanes requested by the City. I
IN WITNESS WHEREOF, the parties executed this Memorandum of
Understanding as of the date set forth above.
Witness PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
Its general partner @bv By;/ -A/L>B
Daniel S. Cat mo, President
Witness
wiu~bb
RCA CENTER I1 OF FLORIDA LLC
By,Dy;g;- By: PGA Gateway Ltd., sole member
PGA GATEWAY, LTD,
,/-?.-T -//
Danie . Catalfumo, President
Daniewlfumo, President
MALL PROPERTIES, LTD.
By: Catalfumo Management and
L-
CITY OF PALM BEACH GARDENS
By:
Countersigned by: XQQ &\d M. Fern's
- Estimate -
Kyoto Gardens Drive Construction Costs Summary
LTEM
2-Lane Road Construction Cost
2-Lane Bridge Construction Cost
Landscaping & Irrigation
SXEa
$ 1,094,875
$ 2,490,000
$ 360,475
Total 2-Lane Option Cosk $ 3,945,350
4-Lane Road Construction Cost
4-Lane Bridge Construction Cost
Landscaping & Irrigation
$ 1,237,826
$ 3,240,000
$ 360,475
Total &Lane Ootion Cost: S 4.838.301
Upgrade of Road to Four Lanes Construction Cost $ 142,951
Upgrade of Bridge to Four Lanes Construction Cost $ 750,000
Sub-Total Construction Coet of Upgrade to 4 Lanes: $ 892,951
Upgrade to 4 Lanes Engineering/Survey/Geotech Costs $ 21,982 1/2 of item costs
Upgrade to 4 Lanes Clearing Cost $ 16,425 1/2 of item cost
Upgrade to Four Lanes Military Trail Signalization Cost $ 225,000 l/Z of item cost
Sub-Total Design, Clearing dr Signal Upgrade Cost: $ 263,407
Sub-Total Design & Construction Upgrade Cost: $ 1,156,358
15% Contigency: $ 173,454
15% Administration: $ 173,454
Notes:
Bond Cost (2%): $ 30,065
Total Cost of Upgrade to 4 Lanee: $ 1,533,331
I. The above figures do not include the cost of design and construction
of the FEC railroad crossing and related improvements which are to be
paid 100% by the City of Palm Beach Gardens.
2.%.wWmm&&tt3r-w-&q-- 3-w
3. Estimated costs are based on 2004 materials and labor costs,
EXHI BIT "A"
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION
Know all men by these presents:
That we, PGA NORTH I1 OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY
LTD., a Florlda llmited partnership, and MALL PROPERTIES, LTD., a Florida limited
partnership (hereinafter called "PRINCIPAL"), and Liberty Mutual Insurance'Company,
authorized to do business in the State of Florida, (hereinafter referred to as "SURETY")
are held and flrmly bound unto the City of Palm Beach Gardens (hereinafter called the
ICIlY'), a political subdivision of the State of Florida, In the full and just sum of
Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO---
Dollars ($ 4,734,420.00 ) lawful money of the Unlted
States of America, to be pald to the CITY to which payment will and truly be made, we
bind ourselves, our heirs, executors, administrators, succeSsors and assigns, jointly and
severally, flrmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Constructlon of Linkage Roads with the City dated October 3, 2002 ("Assured
Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtained from
the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the
, .'
"PUD Approval") for a certain planned unit development known as Parcel 5B and has
agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Required Improvements (as hereinafter defined).
Required Improvements consist of constructing a two-lane portion of a four-lane road
known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering
Item 14a.).
WHEREAS, the
WHEREAS, this Payment and Performance Bond for Infrastructure Completion .
Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO--
(herelnafter called thb "Bond") Is in the full and just sum of
Dollars ($ 4,734,420.00 lawful money of the United States of America, said sum
being the estimated cost to complete the responslbillty of PRINCIPAL for its share of
the construction of the Required Improvements.
NOW, THEREFORE, the SURETY agrees as follows:
1.
2,
The foregoing recitals are incorporated herein by reference.
The condition of this obligation of SURETY is such that if the PRINCIPAL
shall, in all respects, fully comply with, carry out, construct, erect and build
its share of the Required Improvements in substantial conformity with the
plans, specificatlons and schedules covering said work and such
approved additions, amendments or alterations as may be made in the
plans, specifications and schedules for said work (it being understood that
the SURETY shall remain bound under this Bond although not informed of
any such additions, amendments or alternations), and shall commence
and complete all of said work in accordance with the Contract for
construction of the work and, provided it receives prompt payment from
the City for the City's share of the cost of the work, or is otherwise
compensated by the City as the parties may subsequently mutually agree
In writing may promptly make payment to all persons supplying the
PRINCIPAL, Its contractors or subcontractors with any labor, services,
material and/or supplies used directly or indirectly by them or some or any
of them in the prosecution of said work, then this obllgatlon has be void,
otherwise remaining in full force and effect.
SUREM, for consideration received, hereby stipulates and agrees that no
changes, extensions of tlme, alterations or additions to the work or the
plans, speclficatlons and schedules covering the same, or in the term or
mode of payment forthe same, shall In anywise affect liability or.payment
under this Bond, and it does hereby waive notice of any and all such
changes, extensions of time, alterations and additions to the work or to
the plans, speclflcatlons and schedules covering sald work.
The principal amount of this Bond will be reduced, from time to time, only
3,
4.
c
as and when (a) the PRINCIPAL provides the CITY with evidence of
partial completion and payment costs and expenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of lien and certification of payment, and (b) the PRINCIPAL provides the
CITY an engineering estimate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURETY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRINCIPAL shall provide the CITY with a llst of all contractors,
subcontractors and material contractors, subcontractors and material
suppliers, together with a certificate of the general contractor certifying
such list is complete. The CITY shall not have the obligation to reduce the
principal amount of this SURETY, if it has reasonably concluded the costs
of completion will exceed the original cost estlmate or evldence of
payment and partial completion is not satisfactory to the CITY. To obtain
a reduction in the prlncipal sum of the Bond, the PRINCIPAL shall obtain
from the CITY authorization for a reduction, wlilch shall be forwarded to
the SURETY. Any reduction in Bond value shall be considered effected
and binding agalnst CITY.
Whenever the PRINCIPAL shall have failed or refused to commence or 5.
complete the sald work by the dates set forth in the Contracts for the
work, the CITY may declare the PRINCIPAL'to be in default and the
SURETf may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completion of the said work in accordance with
the specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made in
the plans, speclflcatlons and schedules covering said work,
completing the work in a prompt manner, or
Obtain a bid or bids for submission to the C b. TY for cornpletlon of
said work in accordance with the plans, specifications and
schedules covering said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determination
by the CITY and the SURETY of the lowest responsible bidder,
arrange for a contract between such bidder and the SURETY, and
pay to such bidder as work progresses (event should there be a
default or a succession of defaults under the contract or contracts
of completion arranged under this paragraph) the funds required to
pay the costs of completion of said repair or maintenance work as
herein described.
c. Alternatively, the parties hereto understand that upon default by
PRINCIPAL, CITY may elect to assume the contracts for the
construction of the work, in which event CITY shall be entitled to
draw from SURETY the amounts due on a monthly basis in order
for CITY to cover PRINCIPAL’S share of the cost of the work
regardless of the fact that the cost of the Required Improvements
may exceed the amount of this Bond. If City elects to assume the
contracts for construction of the Requlred Improvements, this Bond
shall be modified as necessary to comply with the provisions of
F.S. 255.05.
6. The ClW shall be entitled to their reasonable attorney’s fees and costs in
any action at law or equity, including appellate court actions, to enforce
the CITY’S rights under this Bond.
IN WITNESS WHEREOF, the PRlNClPAL and WREN have executed these
presents thls 26th day of December, 2004.
Witness PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
" .
wlpgE!&&
Daniel . Catalfumo, President
RCA CEf$.mOF FLORIDA LLC -- Witness .I
Witness 1 J
// Daniel atalfumo, President
PGA GATEWAY, LTD,
&G/gjf5.%/<
Daniel atalfumo, President
MALL PROPERTIES, LTD. -
SURETY:
Liberty Mutual Insurance Company
By:
Countersigned by: Brett Rosenhaus
Address: 4000 South 57th Ave. Ste. 201
Lake Worth, FL 33463
L:\FORMSWayrnentAndPerformanwREDLINE.wpd
Brett Rosenhaus, Attorney In FactiKi Rescideht
Agent
*’ 8 , .e
I
..
Liberty Mutual Surely Bond Number :iiad(7o(i33i/
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk lnsurance Act of 2002 (referred to
hereinafter as the “Act”), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
“EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the “Issuing Sureties”).
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for “acts of terrorism” as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (9070) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539 11/15/04
THIS POWER OF AlTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1486470
Thls Power of Attorney llmlte the acts of those named hereln, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIEERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorlzation hereinafter sel forth, does hereby name, constitute and appoint
RICHARD M. BUTIN, KAREN L DEBARDAS, BRETT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CITY OF
WEST PALM BEACH, STATE OF FLORIDA .......................................................................................................................... ...............................................................................................................................................................................................
, each lndlvldually If there be more than one named, Its true and lawful attorney-in-fact lo make, execute. seal, acknowledae and deliver. for and on its
behalf as sure &d as Its act and deed, an? and all undertakings, bonds, recognizances and other suret o$@kis In &e penal sum.not exceeding
) each, and the FIFTY MILLI8N AND OOH 00""**""" "*'"* DOLLARS ($ 50,000, 00 0
execution 01 such undertaklngs. bonds, recognlzances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if hey had been duly slgned by the president and attested by the secretary of the Company in their own proper persons.
That thls power Is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE Xlll - Executlon of Contracts: Section 5. Surety Bonds and Undertakings.
Any oliker of the Company authorized for that purpose in writing by lhe chalrman or the president. and subject to such limitations as Ihe
chalrman or the president may prescribe, shall appolnl such attorneys-In-lact, as may be necessary to act in behall 01 the Company lo make,
execute. seal, acknowledge and dellver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-In-fact, subject to the limllallons set lo& in their respective powers of attorney, shall have full power to bind the Company by their
slgnature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as il slgned by the presldent and attested by the secretary.
By the following Instrument the chairman or the presidenl has authorized the officer or other official named therein lo appoint attorneys-in-lact:
Pursuant to Article XIII, Section 5 of the By-Laws. Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appolnt such attorneys-In-fact as may be necessary to acl In behalf of the Company lo make, execute, seal, acknowledge and
dellver as surety any and all undertakings, bonds, recognizances and olher surety obligations.
That the Bylaw and the Authorization set forth above are true copies thereof and are now in full lorce and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or offiaal 01 the Company and the corporate seal 01
Liberty Mutual Insurance Company has been amxed thereto In Plymouth Meeting, Pennsylvania this 23rd day of March
2004.
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA ss
Garnet W. Elliott, Assistant Secretary
COUNTY OF MONTGOMERY
On this 23rd day of March , app4, before me, a Notary Public, personally came v, to me known, and acknowledgec
that he Is an Assistant Secretary of Liberty Mutual lnwrance Company; that he knows the seal of sald corporation; and that he executed he abovc
Power of Attorney and affixed the corporate seal of Uberty Mutual Insurance Company thereto with the aulhorlty and at the direction of said corporation. -
IN TESTIMONY WH
Hrst above wdtten. Q. @W.q < '%$ unto subXrlbed my name and atflxed my notarial seal at Plymouth Meetlng, Pennsylvania, on the day and yea
N~~l seal
TWUYU Parl*:l.r Nolury Public
PbNUvl Twp.. I.4onlgl;inary County My Curururliut Erglrss UAC a ZWb
Mrmkr, Pwmytmnla Asdallm ol Nofnn~ Terxsa Pastella, Notary Public
CERTlFlCATE
I. the underslaned. Assistan cretaw of Llbertv Mutual Insurance ComDany. do hereby certilv that the oriainal Dower of attorney of which the foregdn!
Is a full. true and correct copy, Is In fdl lorce ah effect on the date of thls certificate; and I do further certify that the officer or official who executed thc
sald power of attorney is an Assistant Secretary specially authorized by the chalrman or the presldent to appoint attorneys-In-facl as provided In Ar%cle
XIII. Sectlon 5 of the Bylaws of Liberty Mutual Insurance Company.
Thls certificate and the above power of attorney may be signed by facsimlle or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Uberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature 01 any asslstant secretary of the company, wherever appearing upon a
certlfied copy of any power 01 attorney Issued by he company in connection with surety bonds, shall be valid and blndlng upon the company
wlth the same force and effect as though manually affixed. - "$42
hereunto subscribed my name and aMxed the corporate seal 01 the said company, this &' ~ day of
BY Davi6 M. Carey, kssi.&?t Secretary
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ORDlNANCE 8,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT OF THE CITY OF PALM BEACH
GARDENS COMPREHENSIVE PLAN TO INCLUDE PROJECTS
WHICH ARE NECESSARY FOR THE CITY TO CONTINUE TO MEET
AN EFFECTIVE DATE.
ITS ADOPTED LEVEL-OF-SERVICE STANDARDS; AND PROVIDING
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Plan on January 4, 1990; and
WHEREAS, the City is proposing certain amendments to the Goals, Policies,
and Objectives of the Capital Improvements Element of the Comprehensive Plan to
include projects which are necessary for the City to continue to meet its adopted level-
of-service standards; and
WHEREAS, on February 8, 2005, the Planning, Zoning, and Appeals Board,
sitting as the duly constituted Local Planning Agency for the City, recommended
approval of said amendment to the Capital Improvements Element of the
Comprehensive Plan of the City; and
WHEREAS, the City Council finds that the subject amendment is consistent with
the City’s Comprehensive Plan; and
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City’s Comprehensive
Plan is hereby amended to read as follows:
Date Prepared: January 3, 2005
Date Prepared: January 31,2005
Ordinance 8, 2005
1 GOAL 9.1.: PALM BEACH GARDENS SHALL USE SOUND FISCAL POLICIES TO
2 PROVIDE ADEQUATE --€-Y TQ &Q€QWEU
3 -PUBLIC FACILITIES TO ALL RESIDENTS WITHIN ITS
4 JURISDICTION. FISCAL POLICIES MUST S€M%TQ-PROTECT INVESTMENTS IN
5 EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING FACILITIES, AND
6 PROMOTE ORDERLY, COMPACT DEVELOPMENT.
8 Objective9.1.1.: The City of Palm Beach Gardens shall use the Capital
9 Improvements Element of this Comprehensive Plan as a means to ensure the
10 construction, replacement, and maintenance of Capital Facilities,~~~
eRk+~pkse li awflwiwwAww
12 esselWF- . which are necessary to achieve and maintain the
13 levels of service in the Comprehensive Plan.
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15 Policy 9.1.1.1.: The City shall include in tLFive-Year Schedule of Capital
16 Improvements all capital facility projects-(renewal and replacement) needed #&-to
17 achieve and maintain the adopted level of service fRajftfeftitft6B- I_ and which are over
18 $50,000 in estimated costs. x&the-mCity shall review #the Five-Year Schedule
19 during the preparation of the annual budget.
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21 Policy 9.1 .I .2.:
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44 Objective 9.1.2.: Future development shall bear a proportionate cost of facility
45 improvements necessitated by the development in order to maintain adopted
46 I LOS standards.
71
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Proposed capital improvement projects shall be evaluated and
ranked in order of priority according to the following guidelines:
Whether the project is financially feasible and is needed to protect public health
and safety, to fulfill the city's legal commitment to provide facilities and services,
or to preserve or achieve full use of existing facilities or to eliminate existing
Whether the project increases efficiency of use of existing facilities, prevents or
reduces future improvement cost, provides service to developed areas lacking
full service, or promotes infill development&,
Whether the project represents a logical extension of facilities and services;,
projected Whether the project is consistent with the
growth patterns, the accommodation of new development and redevelopment
facility needs, and the plans of governmental &k+-agencies
ithat provide public facilities within the
City's jurisdiction; and
Whether the project is consistent with the Urban Growth Boundary philosophy of
urban vs. rural characteristics and service provision.
.. 37 I
2
Date Prepared: January 31, 2005
Ordinance 8, 2005
1 1 Policy 9.1.2.1.:
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7 2) 8 w+igk8efkee-roads of City responsibility.
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10 3) The roadways within the City Center Linkages Plan shall be constructed and
11 financed by individual landowners whose developments will have a direct benefit
12 these roadways. The timing and construction of the Linkages Plan roadways
13 coincide with development of individual sites. The development approval for the
14 affected parcels will be conditioned on the construction of the roadways
15 coinciding with the development of these parcels.
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17 Policy 9.1.2.2.:
l8 19 I timely provision of recreation and open space.
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21 Policy 9.1.2.3.:
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24 1) Park and recreation sites and facilities; md
26 3) Law enforcement; and
27 4) Emerqency facilities.
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29 Policy 9.1.2.4.:
30 allow for the construction of new Citv buildinqs.
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32 Objective 9.1.4.: The City of Palm Beach Gardens has established f-ddah~ a
minimum level of service for-&wqx&aW, traffic circulation, potable water and
33 34 I sanitary sewer, solid waste, drainaqe, recreation and open space, and publlc
35 safety as defined in the applicable elements. Decisions regarding the Issuance of
36 development orders and permits shall be based upon coordination of the
37 development requirements included in this Plan, the land development
38 regulations, and the availability of necessary public facilities concurrent with the
39 Impact of developments, The School District of Palm Beach County shall
40 maintain minimum level of service standards for public school facilities, as
41 defined in the Public School Facilities Element. In the case of publlc school
42 facilities, the issuance of Development Orders, Development Permits or
43 development approvals shall be based upon the School District of Palm Beach
44 County's ability to maintain the minimum level of service standards.
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The City shall continue to collect a countywide transportation impact fee to
assess new development a pro rata share of the costs required to finance
transportation improvements necessitated by such development. &
The Citv shall continue to collect seftsidw-deptwqa-city road impact fees for
The City shall continue its program of mandatory dedications or
fees-in-lieu of dedication as a condition of development approval feAhe-to ensure the
The City shall periodically review the adequacy of impact fees
levied to fund the following capital facilities needed to support new growth:
25 2) Roadways;-- 6e!k
The Citv shall consider adoptinq a Public Facilitv Impact Fee to
3
Date Prepared: January 31,2005
Ordinance 8, 2005
1 Policy 9.1.4.1(a): The City of Palm Beach Gardens has established mahtaiw a
2 minimum level of service for4+asp&& en, traffic circulation, potable water and sanitary
3 I sewer, solid waste, drainaae, recreation and open space, and public safety. The
4 School District of Palm Beach County shall maintain minimum level of service
5 standards for public school facilities, in accordance with the adopted Interiocal
6 Agreement. To ensure that the minimum levels of service for these public facilities and
7 services are maintained as new development occurs, the City of Palm Beach Gardens
8 follows a concurrency management system. The concurrency management system
9 requires all new development applications, subject to concurrency certification, to
10 submit an application which indicates impacts on the Level of Service for the
11 concurrency item. The application identifies the impacts that the proposed
12 development would have on the City's ability, or in the instance of public school
13 facilities, the School District of Palm Beach County's ability, to maintain the adopted
14 minimum levels of service. The concurrency management system shall be consistent
15 I with Section 163.3202 (I), Florida Statules.
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17 Policy 9.1.4.2.(b): Public safety level of service standards are not a formal component
18 of the concurrency management system required by Rule 9J-5.0055, FAC. The Citv,
19 however, tkc+Ctty-will monitor tb~~public safety level of service standards
20 during the development review process. Any project that necessitates expansion of
21 public safety services beyond those provided in any given fiscal year shall be required
22 I to participate in the cost btdewof expanding police and fire/EMS services to serve the
23 subject property, or shall be phased consistent with City plans to expand such services.
24 Public safety facilities and/or capital equipment that will provide the proposed
25 development sufficient services based on the LOS for police and fire/EMS facilities may
26 be required pursuant to a Developer's Agreement. Public safety facilities andlor capital
27 equipment dedicated to the City pursuant to a Developer's Agreement shall be credited
28 against impact fees.
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Policy 9.1.4.2.(d): With a super-majority vote of the City Council, alternative service
mechanisms or provision of services at urban levels may be approved in the rural
The City shall, consistent with Section 163.3202 (l), F.S., maintain
regulations that will allow phasing of a development and issuing of a development order
for projects that are phased to ensure that the necessary public facilities and services
are available prior to the completion of the proposed development.
Certificates of occupancy will be issued only after all required public
facilities needed to meet the adopted level of service standards are in place.
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Date Prepared: January 31, 2005
Ordinance 8, 2005
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Policy 9.1.4.5.: If a previously-scheduled capital improvement which was the basis
for approval of a development order is rescheduled to a later fiscal year, the affected
development may proceed onlv if adequate surety has been posted with the City to
ensure that the public facilities are constructed.~
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Policy 9.1 -4.6: The City shall limit its total debt service expenditures to no more
than 20% of total revenue and limit total outstanding indebtedness to no more than
10% of its property tax base.
Policy 9.1.4.7.: The City shall evaluate proposed Comprehensive Plan
amendments and evelopment
a P plica ti on according to the following g uid el ines;-as-b+v-\r,hnthnrtham
Wettkk
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Will the proposed amendment or development order Gcontribute to a condition
of public hazard as may be described in the Sanitary Sewer, So\id Waste,
Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure)
Element, and Coastal Management Element of this Comprehensive Plan?;
Will the Proposed amendment or development order IEgxacerbate any existing or
projected condition of public facility capacity deficits, as may be described in the
support documents of the Transportation Element; Sanitary Sewer, Solid Waste,
Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure)
Element; Public Safety Element; and Recreation and Open Space Element of
this Comprehensive Plan?';
Will the proposed amendment or development order Ggenerate public facility
demands that may be accommodated by capacity increases planned in the
5-Year Schedule of ImprovementsZ;
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43 CAPITAL IMPROVEMENTS IMPLEMENTATION
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46 Five-Year Capital Improvement Plan.
Does the proposed amendment or development order Qonform with future land
uses as shown on the Future Land Use Map of the Future Land Use Element of
The Schedule of Capital Improvements in Table 9A is herebv adopted as the Citv's
5
Date Prepared: January 31,2005
Ordinance 8, 2005
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Ordinance 8. 2005
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Date Prepared: January 31, 2005
Ordinance 8, 2005
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Date Prepared: January 31, 2005
Ordinance 8, 2005
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(The remainder of this page left intentionally blank)
10
Date Prepared: January 3,2005
Ordinance 8, 2005
Vehkles
rota/
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(This redaces the old Table 9A)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
General
$50,000 51.500 53,045 54,636 56,275 Fund
1957,198 $568,249 $627,732 $469,872 $163,709
LNSPORTATION
Research Parkway East and South of Grandiilora 2,800,000 - Devekqer
Tofa/ $8,173,000 $8,839,000 $3,177,000 $219,000 5125,000
11
Date Prepared: January 3, 2005
Ordinance 8. 2005
1 Table 9A continued.
FIRE RESCUE
DRAINAGE
General '
Canal Restoralion 400.000 3,090,000 1,697,440 . Fund
Swale Restoralion 150,000 154,500 159,135 163,909 168.826 Gas Tax
Tofal 1550,000 $3,244,500 $1,856,575 $163,909 5f68,626
INFORMATION SERVICES
General '
General
WorkslauOn Replenishment 76,050 02,249 92,134 96,200 104,041 Fund
SANS Network Badtup and Slorage Solution 112,551 Fund
rotael $76,050 $82,249 592,134 $96,200 $216,592
PUBLIC WORKS
12
Date Prepared: January 3, 2005
Ordinance 8, 2005
I Table 9A continued ...
13
6
7 8 9 10 11 12 13 14 15
16 17 18 19
Date Prepared: January 3,2005
Ordinance 8, 2005
Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program
Priorto FY2005b N M FY M Fy
Project Total 2005 FY2009 2005 2006 2007 2008 2009
New Construction
New Schools
Acreage kea High (024NH) 51,852015 31,052,873
Beaccn Cove Elem (96-A) 12,475,356 12,175,356
Benokt Fanns Elem (980) 13,004,110 13,004,110
Biks Forert Elem (96-E) 11,727,460 11,127,460
Boynlon Area Oern (OIV) 17,162,046 17,162,046
Boynlon Beach Huh (91-111) 51,919,225 51,919,225
CeIlGal Bur compound 8,443,254 8,443,254
Cholee lake Bern (97-K) 15,042,952 15,042,952
Ctosspoirhe Rcm (QM) 12,832,510 l2,832,5\0
Diamond View Elem (014) 13,168,801 13,168,801
Discovery Key Elem (9St) 12,822,084 12,622,084
DM Edridge Middle 6 SSTC (9W)
Dr. Marl Mcleod Behne Em (W]
Eqwdrian Trails Bern (024)
Freedom Shes Om (974)
Frorder Elem (96.6)
btry Walen Ekm (02-1)
Greenacres Area Mddle (OIKK)
Heritage Om (9bF)
Independence Wde (96-R 1
Jeiga Mae (SBEEJ
lake Wodh Area Hioh (OlooO)
Wrrey Cornrnuity MMe (WW)
Osceda Oeek Mde (99-HH)
Pahokee &ea Midde School (OIM)
25,130,182
12,302,191
13,538,584
13,373,855
13663,829
28,057,894
11,982,482
21,559,210
22,157,115
82,833,195
21,o11,055
23,980,835
24,615,CU
i3,096,092 1
25,730,182
12,302,191
13,538,584
13,096,092
13,373,855
13,663,829
28,057,894
11,982,482
21,559po
22,151,115
2\,Q11$ss
23,980,835
82,833,195
1,538,462 23,136;530 23,135,538
2,SoO,W 80,333,795
14
1 Table 98 continued.. .
Project Total
Palm BeachCtnlraI Pqh(9BJJJ) 50,619,116
Pahn Beach Gardens kea Ekm (01x1
Pari Wda Hid\ (91-EEQ
Pierce Hammock Elem (00-0)
Fleasat Uy Elem (984)
Pob F%i Ndde (96CC)
Wera Beach Area High (OTMMM)
Royal Palm Beach kea Elm (01w)
Royal Palm Beach Bern (9BJ)
ScnppGardens ka School (MA)
SurnmiifJog Area Elm (03Y)
Sunise Park Elm p8H)
Tradevrind~ !&de (9811)
Vlhge Academy PK-3 (9BP)
Welvylton kea Elm (ON)
Wellngion kea Mdde (02-JJ)
Wed Boca Ralon Hioh (01411)
Wed Bcynton Area Rem (OSZ)
Wed Pdm Beach Area Ms (0400)
19,269,660
64,762,771
14#3620Nl
9,402,144
19,756,716
15,572,307
19,269,660
12,11234
1,000,am
19,847,750
11656,970
21,580,510
1,192,211
19,682,Boa
30,958626
53,059,075
19,269,660
2000,000
Subtotal Now Schools 1,021,981,700
Hodemhalone and Reolacemenlr
Alananda Oem Modmizatii
Ahbc ti@ Modemhalion
Bak lMde School olule Arts Modenitath
Batrn Rem Modembdion
Bekedere 8em Modernization
Berkshie Ocm Moderrizdion
Boca Rdon Elem ModenizaCon
Boca Rdm High Modwieation
ha Raton Mdde ModemPdbn
Cqrers Mdde Modemhalion 2
3
4
5
6
7
8
9
10
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M,515,533
36,lct,m
19,317,52
12,090,06
18,720,37
51,388,M
33,165.04
33,343,lO
63,026,586
io,m,ia
Date Prepared: January 3,2005
Ordinance 8.2005
Priorto M2005- M M M FY M
2005 M2009 2005 2006 2007 2008 2009
50,619,416
19,269,660 l,oOo,000 18,169660
61,761,771
13,308,331
9,402,144
iQ,l56,716
5,398,188
12,i 12,354
11,656,910
?4,W,SlO
7,792211
2,946,242
53,059,075
973,903 973,903
70,114,llQ 70,174,119
19,269,660
l,ooO,o~
19,847,750
ie,sazaoa ie,sezpe
28,01234 28,012,384
1,692,431 17,511,223
lP~,WO
1,000,000 18,847,150
1
20,545,533 1,361,918 19,183,615
63,M6,586
36,144269
19,317>27 1,78l,?lS 17,536,312
12,090p66
1,721,692 17,067,683 17,007,683
10,299,184
51,388j42
3,216,201 29,W,8(0 29,948,840
2,529211 30,714,46 30,714,436
Date Prepared: January 3. 2005
Ordinance 8, 2005
1 Table 9B continued ...
Project Total
comidm thdde Hndernia(ion 25,900,571
Oelny WI Service Modemizdiion
Ed Ran! SUN^
Facliier Audl
For& HiP Ekmenlq ModerNzation
Ford Hi1 High Mcderriedion
Fared Park Eh Modemizatia-i
G&Q Elem MohzaEon
Grwacrer Rem ModemiraSon
H L Walkins Middle School Moderrizalon
J CMilchell Elem Modenizdim
J F Kennedy Mddle Modm'zation
JeCson Davi MWe Modemhation
Jotm I Leonard High Modernization
hpiler Elem Moderndim
hph K! MademhaCm
lake Pait Oem Modemhalim
Lake %re Mddle Replacemerii
Ladm Ekm Modernization
Latima Middle Replacemed
Meadow park Elm Modemtali
North Oade M0demh.W
Norlh Pah Beach Elem Modemration
Norlhboro Ekm ModerFiralian
Norlhmore Ekmerlary Replacemed
Pah Beach Gardens Bern Modemhalion
p;llm Beach Gardens Hgh McdemiIdion
Palm Beach hHi Mcdemizaion
Pah Spcings EkmMoberrizalim
Palmeuo Elemettary Modemiriion
hosa Oem Modemizalion
3,MO
250000
149,676
13,732,161
50,874,334
19,922,746
1,ooo,(xxI
11,935,721
25,645,391
20,525,134
33,303,514
35,314294
17,852,719
12,606,611
54,880,130
11,115,637
28,420,122
13,008,039
20,156,188
16,278,24!
1 1,511,n
21,186,40:
21J66,U):
14018,s
19,922,14
19,828Jh
15,129,83
17,903,091
17,888,63
20,545.53 2
3
4
5
6
7
8
9
10
11
Priorto M2005- M M M FY M
2005 FY2009 2005 2006 2007 2008 2009
?5.900,571
3,200
250,000
149,676
13,732,161
50,874,334
11935,127
25,645,391
20,525,734
3,025,276
3,654,991
5,15s,981
12,606617
54,880,130
ll,115$31
28420,122
13,008,039
20,756,788
16,278,245
11,517,825
19,922,746
l,OOOfJOa
30,218,298 30,21RJ98
31,709,3J3 31,709,303
12,093,792 12,093,792
21,186,403
2\,106,403
14,818,361
19;812,746
19,828,377
15,129,831
17,903,095
17,888,635
1,807,045 18,115,101
1,000,000
1361918 19,824,485
1,361,918 19,024,485
1,863,862 18,058,864
$942,649 15,885,120
833,127 19,7t2,406
16
Date Prepared: January 3, 2005
Ordinance 8, 2005
I Table 96 continued ...
I Priorto FY2005.1 FY F FY FY M
Project Total 2005 FY2009 I 2005 2006 2007 2008 2009
Rdhg Green Elem Moderrinion 19,311,527 19,311527 1,777218 17,549,309
Rootwet Om MDdemuatim
S 0 9ady Elem Schod ModemhaSon
Suih aie Rem Modemirdim
Slnccasl Mcdemhdin
U B KjnseylPahview Oem Modemedim
19,So9JWr 19,609,104
15,616,943 15,616943
13,351,380 13,351,380
2,000,wO 2,ooO~oO
13,129,135 13,129,135
Wed Gale Elementary Modtnizalion
Westward Elm Modemizabm 19,311,521 19,311,527 1.608,597 17,508,930
AW Dreytoos SOA Addtion
Academies a! Endmu Schools
Amage kea t4gh (02 NNN) Buldd
Addson Mzner Elementary Remodelng
Memabve Scbols Master Ran
Bak Mdde School oflhe Arts - Audilonum
Banyan Creek Classroom Adddon
B&M Oem K3 CSR AddLon
Belle Uade El Clawocm Add'n for Re-K
Bsroisl Farms Classroom Addtin
Boa R~M High Sa Bldg nd
Boca Raim HI& Shhm
&ynlon Beach Hgh Academy
Boydon Beach Hylh Sladwn
Carver Clasmm Addlion
Wee lake Classroom Addn br ReK
Ciiruc Cove Clarsmun Adddm
Cord Sunsd Elem M&w
Covered Raygrounds
Creskod Clarsmcm M&IM
Cqdd Lakes CSR Addllon 2
3
4
5
6
7
8
9
10
11
7,321,411
15,000
5,500,000
10,640,86!
1,029,311
2,563,253
793,930
10,111,383
1J81,uM
5,125,350
132,091
2,893,17S
195,93(
4,804,OX
10,410,N
9,311,12(
3.128.06;
192,86!
2,000,000
151,131,089 413,UI1674 211,119,312 M),lOl,1Il 11k,255,3311 41,(10,951 42,648,910
6,383,045
1,008,526
0
2,116952
1,029,311
132,092
10,470JOO
192,869
3,l28p67
17
6,312885
5.580086
15,000
5,so0,000
10,W,868
2,543253
795930
iO,Hl$j3
5,u5,3w
1,887,480
2,893,419
195J30
4,sCu,aa
9,311,126
1,812,885 4,500,000
15,000
5,500,000
195,930
10,111,383
200,ooO 1,687,480
5,425,350
795 $3
r.s04,02s
5,580,086
io,64o,m
2,563,253
2093,119
9,311,126
Date Prepared: January 3.2005
Ordinance 8, 2005
1 Table 9B continued ...
Project Total
Or. M.MBetlxne Class. Addh for Pre-K 195,930
Glades Cabal High Academy 5,500,000
Gave Classroom Addlon 795,930
Hammock bide Oem Addtion 11,333,183
Indian hes Classroom Addlion 841,530
Mm Pines Bern Addition 10,46193?
Indian Rage Classroom Addlion 3975,290
Jerry Thas Bern Addron 8,490,126
htm I Leonard High. 18 Classroans 2910,021
Jlpikf H@ Sladium 1,726,506
Jlpiter Mddle Classmom Addbm 3,111,M3
lake Wodh High Ada'llbn Fh 3 1,420,531
Lake Wdh High Addlions Ph 2 30,493,191
lake Wodh Mdde Classroom Addban 5,024,453
Libeity Park Elm Addlion 13,249382
hlRdMe (Ireek Bern AddSon 8,445,377
Mandee Classroom Addilion 3945,096
Norlh Gade Classroom Addlion 195,930
Okeeheelee Classroom AddSon 3,116,567
OIympk Hei&ts High Addli~ 4,265211
Pahokee Elemertary Phase 2 OCR 7,300,534
Pa'mkee High Stadum 1,887,(80
Pdm Beach Lakes Academy 5,853,Ol:
Ph Beach Lakes Audibnun 6,667,W
Pah Beach L&es Clasrrocm Addh 9,207,481
Palher Rm ES Addlion 12,714,921
Pme Qove K3 CSR Addtion 1,027.64
Relocdables - Code Camplance i¶,sOO,UJ
Relocdables - Masler Ptan l,SOO,OM
Relocdabks -Walkway Canop'a 5,590,00
Relocdabies d Madulan - Replamed YJ,937,w 2
2005 M2009 I 2005 2006 2007 2008 2009
mpJ0 795,930
5,500,000 5,500,000
795830 195,930
16,333,183
569,774
600,919
2,970,021
1,71d,506
4,420,531
30,493,191
11,149,381
566,418
4,265212
7,333534
iz,nrp2s
1,021,654
1,500000
1,ooOpoO
13.997500
847,530 847,530
9,898,163 9,898,163
3,975p40
lJ4SJOl 1,889.201
3,774,053
5,024,453
1,500,001 1,500,001
1,816959 1,878,959
3,945,096
195,933 795,930
3,716,567 3,116,561
l,Ej7,4rW 1,881,480
5,&3,015 5,853,015
6,681,093 6,667,093
9,207jer
3,915,290
3614,053
5,024,453
3,915,096
9207,48t
3
4
5
6
7
8
9
10
11
18
Date Prepared: January 3, 2005
Ordinance 8, 2005
1
2
3
4
5
6
7
8
9
10
11
12
Table 9B continued.. .
Prolect Total 2005 FYW9 I 2005 2006 2007 2008 2009
Rollng Gteen K-3 CSR Ad@m 1,794,092 1,194,092
Royal Pah Shod Classroom Addlion
Saiduces Audlariun
Saiahxes Kqh Academy
Seminde Traik Ctassroom Addhn
Sollh We Classroom Addiion
Spaid Rivet Audimun
MNe Academy Ad&n
Vlbge Academy t4gh S&ol Levd
Vllage Academy Mddle Schod Level
Webyton E Classroom Addrbm
Welidon Hi# Audlwium
Wed Boca Ralon High (01-LU) Buldoul
Wed @us Compound WilAddAs
West hien K-3 Class Sire Reddon
Wed Tech Academy Madmcatans
Wed Tech Ed Clr ModficaConr
Wsperhg her Classmom Mdh~
Wm T Onyw Academy
Wrn T her Addlion
6,501,lM
6,124,xKI
4,9Ca8,7sa
5,028,032
195,930
1,962,192
4,351,443
8,468,112
10,223,268
5$32,u%
6,702,113
5,915,041
221,129
868,M
1J58,MIo
11,705,$15
1,666,639
2,500,000
SJS0,aQ
6,124,500
6,234,113
6,351,443
1,819,723
0
224,129
868,443
1,258,600
2,500,000
6,750,000
6,507,706 6,507,704
a,m,7so 4,908,150
5,oZap32
1,71,079 1,728,079
195,930 195,930
0,468,712 8,468,HZ
8,343,545 8,343,545
5,632,(06
5,915011
6,702,113 6,702,113
11,705,575 11,705515
4,666,659’
5,028,032
5,632.406
5915,047
4,666,659
Subtotal Additions and Remodelinq Prolects 454,191,290 18S,W,4l2 251,457,121 121,521,190 31,K(16,001 53,144,W U,HK,MO
SHe Acqulsitim
Sle kguabm. khg Fadlies 22,792,440 13,?92,440 Q,ooO,O~ 5,000,000 l,oaO,O00 1,000,ooO l,MJO,oOO 1,000,oOO
Sin kqugbm- New Faaibes 147,866,161 101,866,761 4la,wXl,O@ 7,000pOO 7,000,000 12,@0,W 7,000,000 ?,00O,W
Sut4otaI Site Acqvlsition 17Olc1l,201 t211t51,201 4l,boii,dsb 12,ooO,OOO 8,000,000 13,000,000 1,000,000 t,OOO,OaO
1,182,225,ffl l,KM,155,115 l,dd1,316,l7I~~ 491,t17,324 till151,S?J 236,218,330 103,1l4,~1 IJJ,lt?Jb$ Subtotal New C~nsl~~tim
Class Sine Reduction
Clasa Sire Reduction
Bear Laker Classroom Addlion 7,153,581 1,153,581
EMS Fored ElCSRAddiSon 3,546,591 3,546,591
19
1
2
3
Date Prepared: January 3, 2005
Ordinance 8. 2005
Table 9B continued ...
1 Priorto M2005-( N M M FY FY
Project Total 2005 FY2009 I 2005 2006 2007 2008 2009
Eoynlon I Oelray kea Mddk (OW) 34,041,951 31041.957 34,011,951
&rs Sire Reduckon
Coal Rce1 Elm CSR Addtion
F~ed hrlr K.3 CSR Ad6h
Gladeview K.3 CSR Addlion
Gove K-3 CSR AddiCm
HipHand CSR AddCon
Lplcr Farms Area MdQe (OSNN)
K E CuMingham K.3 CSR Addlion
anni Glass Sae Reducbon
Pahokee Ekm K-3 CSR Addlion
Relocalabks 8 Modulan. Purchase
Sandpiper Shores CSR Addbon
StadpH Cove CSR AddCan
Timber Trace CSR Addition
368,119,361 o xa,7ig,m 7,410,000 93,133,281 i~,m,w 101,389,m
4,910,119 4,910,719
1,183,861 1,183,851
051,312 051,312
1,036,819 1036,819
4,116,173 4,116,113
34,041951 31.041 $7
1,010,199 1,010,199
1,922,600 2,922,600
1,094,288 1,094288
2l,fmO,oOo 21,000,000
4,854,280 4,854200
1,716,400 4,716,400
4,072,EQi bJ12fiOl
1,313,143 32,668,814
l,wJoo l,aIO,ooo 7,000,000
ob'ler Items
Milntmancs
Ewa~ Creek WAC Replacemen( 2,065,437 I,C65,431
Ber lakes HVAC Replacemed
Cduu HVAC Replamed
Cqhl Maidename Tnmkr
CIrisla MAuliffe WAC Regbcemenl
CON Payments
mE(d Like, HVAC Replacement
Facliia Managemenl Msc. Prqeds
hdky Suppoct
Fre &Life Safe Systems
4,335,399 1,335,399
2,661,756 2,661,/56
4,901,500 4,901,sOO
104,488 104,488
3,mJOo 3,soop00
sm,w JOO,MN) 2oo,ooo 50,000 50,oOO 50,030 50,000
361,672390 171,331,974 187,121,024 36,000,COO 36,122,014 37,205,611 38,321,841 39,411,498
1,013,39\ 1,013,391
11,452,743 5,153,911 5,698JZ 1,021j56 1,090,791 1,161,991 1,124,On 1,291,516
4
5
6
7
8
9
10
11
12
13
20
Data Prepared: January 3,2005
Ordinance 8, 2005
Project Total
H 1 Jdnm HVAC Rdacemed 3,t66,140
1 Table 9B continued..
2005 Ff2009 I 2005 2006 2007 2008 2009
3,t66,740
I Priorto M2005-1 FY M FY FY M
Loxatatchee Groves HVAC Repbctmenl 2,983,541
hhor Prqeds 119,200,669
Omri HVAC Replamed 5,ooo,ooo
PECO Manlemce Prapdr 56424,519
Prevenhe Madenawe 12,000,ow
Royal pahr Shod HVAC Replacemenl 4,5M,OOO
Sindppsr Shores HVACRcplacemenl 3,500,DoO
lmber Trace HVACReplacmenl 3,500,000
Waban El Omcan HVAC Reptacmenl 5,000,cOO
Welqbn Lmings MAC Replacement s,ooo,0lN
Subtotal Maintenance tlf480,241
TrMSDOrta!iOn
1,983,541
40,802,811 78,391,858 14,312,136 11,741,500 15,183,145 11,639,251 19,521,220
s,ooo,Doo
34,433,100 2196,419 1,410,636 3,184,629 3,499,935 3,1?2,244 4,058,035
2,000P00 ro,ooo,ooo 2,000,000 z,00o,w 2,000,000 2,000,cco 2,000,000
4,500,000
3,500000
3,M0,000
S,M)O,OM)
5,000,000
30l,OBb,OM 303,(03,l93 60,804,128 54,188,940 S9,1M,U2 U,90?,414 N6,3911,269
i
SuMotal Transpodation af2al,41$j
Technolow
82,165,415
124,000
28,784,586
24,230,110
20,676,150
349,m
9,698,000
691,110
54,338,019
3,010,M
10,685,885
14,293,300
79,986,169
11,262,358
447,015
556,611
AppkAim Systems
Business Operding Systems
Business System Replacemed
Cuntpide Tehology
Dala Warehouse hteprdiunPrqect
Ekclmnk lmagy Slwyp S Rebieval
hltudind Techlogy Elem Schools
hdrudional Tectndogy Me Schodt
Mne Assesmentt
Shad Ceder Abnnisbdire Techdog
Sbdent System Replacemed
Tech Prep. Hi&
Ti6 Pnp, Midde Sctnds
hrlrudiand Technoly H@ Schdr
2
3
4
5
6
7
8
9
10
11
12
34,609,862 47,755,553 9,412,995 8,862,921 9,380,619 9,792,108 10,306,909
t21,Mx)
34,533,882 47,155,553 8,412,995 I,Bdf922 D,u10,619 1,?9t108 10,108,809
9,506,18
1,350,110
16,450
349,899
691,110
2&781,381
16,716274
16,411,689
3co,o00
20,751,161
447,045
556,811
iwa,aa
16,B80,230
20,600,CQo
9,698,000
31,558,638
21,354,390
2121 4,196
t3,W;jOO
59z"n,cQz
11,262,358
3,618264
3,221,105
4,120,000
2,133,400
5,20535
3,288,606
3,948,500
3,413,000
9.9a7,aOS
3,378Jt4
2,92121305
4,1ZOp00
2,418,400
s,oas,335
3,748300
3,ra.ooa
a,977,~
3,&38,W
2,815,567
3,902,210
3,424,212
4,l20.000
2J28#4XI
5,522,340
3,480,001
4,188,964
3,413,000
10,904,458
2,815,651
4,058,361
3,561,243
4,120,000
1,356,u)o
6,143,233
4,620,431
5,356,522
3,413,003
13,381,oSs
2,815,567
4,261,219
3,139,305
4,tlO,OOa
1,356,u)o
9,060,395
6,859,659
7,031,HO
341,300
16,056,411
2,815,567
21
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
4
Date Prepared: January 3.2005
Ordinance 8, 2005
Table 9B continued.. .
Project Total
Tekcomrnunkalis . 937,251
Mde Area NehvoL 442
Subiotal Technology 325,008,865
Debt Sonice
PrMrage Rehd to IRS 88,984
COPS lease Paymerts 155,213,336
Subtold Debt Service is5,301,3ia mer Hems
Capilal Cwlmgency 78,253,869
Countyide Equipment and Furniture 12,366,081
Equrly Funds 2,219,064
timistings 2,129,095
hstrudional Media Sewes 5,030,131
lnslnrdional Tv
Library Book Upgrade
6,582,320
5,610,583
MlCrnedia Curieulurn Support 199,311
Relocdabks . Leasing 11,206,OS
Rdmdabbs - Relocabon
Restricted Rerwe
Schod CW Secunly
SIT Award Translws loc Charter Schods ..
Subtotd Other Items IccC,SO&SSl
SuNotPl Mer Items 2,039,192,101
l,538,60a
2,822,030
101 ,wo,79!
28,111,92:
S,404,76
2.177.231
Total Projects
Prlorto FYM05- M M M M M
2005 FY2OJB 2005 2006 2007 2008 2009
937,151
442
ii,17i~i3 na,in,w ~s,sie,aio 39,901,c~3 M,ZOE,ZO 4,131,121 55,19,v2,2211 1
___1_________
88,984
259,845281 45,368,053 93,coo,ooo 93,000,000 95,368,053 105,000,ooo 108,003,ooo
259,B34,265 4S,lfl$$l Cl,aMl,OOO 93,000,W 96,368,053 105 000,000 108 000 WO
49,089 18,204,180 10,635.980 16,993,704 16,167,256 17,601,484 16,806,356
8,316,081 4,050,000 350,030 900,000 900,000 900000 1,000,~O
2,219,064
2,129995 U@oO,o00 400,oCO 124,360 441,334 463.401
3,753,219 1,277,458 240,000 240,000 254,616 264,801 278,041
4,453,225 2,129,095 400,oOO 400,ooO 424,360 441,334 463,401
3,694,391 1,916,186 3M),OoO 360,Oaa 381,924 391,Mt 4t7,gt
199,311
788,688 750,OoI l’Ja,oOo 150,oOo 1S0,Mx) ls0,WO 150,000
915,587 1,906,443 994,666 911,?77
8,252,341 2,953317 1,190,lM) 1,203,700 177,610 186,491 195,816
36,849,170 64,241,629 3,994953 12,677,109 14,811,015 15,62?,088 16,721,464
16,045,886 1236,031 4,000,000 4,000,000 4226,037
3,174026 2,129,935 418,945 410,945 444,159 462,237 185,349
2.177.256
SECTION 3. The City’s Growth Management Administrator is hereby directed to
transmit the proposed Comprehensive Plan Amendment and supporting data, analysis,
and other relevant material, which is attached hereto as Exhibit A, to the Department of
Community Affairs of the State of Florida and other appropriate public agencies, and
upon adoption of this Ordinance is further directed to ensure that this Ordinance and all
other necessary documents are forwarded to the Florida Department of Community
Affairs and other agencies in accordance with Section 163.3184(3), Florida Statutes.
22
Dale Prepared: January 3,2005
Ordinance 8,2005
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SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.3184(1)(b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not
in compliance by final order of the Administration Commission. Then, it shall no longer
be part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
(The remainder of this page left intentionally blank)
23
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Date Prepared: January 3, 2005
Ordinance 8, 2005
PASSED this /fsday of fMrcvWY , 2005, upon first reading.
3
4 second and final reading.
PASSED AND ADOPTED this /bm day of T~r,e , 2005, upon
c J
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APPROVED AS TO FORM AND
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Date Prepared: September 21, 2007
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ORDINANCE 31,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT OF THE CITY OF PALM BEACH
GARDENS COMPREHENSIVE PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Plan .on January 4, 1990; and
WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005,
which required an annual update of the Five-Year Schedule of Capital Improvements;
and
WHEREAS, Policy 9.1 .I .I. of the City’s Comprehensive Plan requires all capital
facility projects (renewal and replacement) needed to achieve and maintain the adopted
level of service and which are over $50,000 in estimated costs to be included in the
Five-Year Schedule of Capital Improvements; and
WHEREAS, the City is proposing to replace Table 9A & Table 9B of the Capital
Improvements Element of the Comprehensive Plan to update the Capital Improvements
Element consistent with Comprehensive Plan Policy 9.1 .I .I. and Ordinance 8, 2005;
and
WHEREAS, on October 23, 2007, the Planning, Zoning, and Appeals Board,
sitting as the duly constituted Local Planning Agency for the City, recommended
approval of this amendment to the Capital Improvements Element of the
Comprehensive Plan of the City by a vote of 7-0; and
WHEREAS, the City Council finds that this amendment is consistent with the
City’s Comprehensive Plan; and
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.3181, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: September 21,2007
Ordinance 31, 2007
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City’s Comprehensive
Plan is hereby amended to replace existing Tables 9A and 9B with the following, to read
as follows:
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(This replaces the old Table 9A)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
RTATION
rota/ $2,182,400 $1,631,800 $1,577,700 $1,328,400 $11,079,500
POLICE r
Total $1,799,000 $966,000 $500,000 $370,000 $685,000
13
2
Date Prepared: September 21, 2007
Ordinance 31, 2007
-- tE RESCUE
Total $138,800 $228,800 $228,800 $168,800 $78,800
Total $368,700 $369,300 $369,200 $368,400 $367,000
Facilities
Municipal Complex Parking Lot Expansion $255,000 - GeneralFund
EquipmenVMaterials Storage Building at Plant Drive $55,000 - GasTax
Subtotal $310,000
Fleet
Vehicles
Fuel Tank Removal and Replacement
Fire Rescue Unit - Replacements
Subtotal
Total
$498,500
$250,000
$370,000
$1,118,500
$1,428,500
$0 $0 $0 $0
$450,000
$450,000
$450,000
Fleet Maint.
$450,000 $450,000 $450,000 Fund
Fleet Maint.
Fund
Fleet Maint.
- $195,000 Fund
$450,000 $645,000 $450,000
$450,000 $645,000 $450,000
8, RECREATION
3
Date Prepared: September 21, 2007
Ordinance 31, 2007
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a
Resurfacing of Competition Pool - $200,000
- $1,300,000 Tennis Center Clubhouse Expansion
Tennis Maintenance Shed - $75,000
Total
Grand Total All Elements
$1,651,000 $315,000 $2,000,000 $520,000 $2,685,000
$7,568,400 $3,960,900 $5,125,700 $3,400,600 $15,345,300
Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program
(This replaces the old Table 9B)
General Fund I
General Fund
Revenue
General Fund
General Fund
General Fund I
General Fund I
General Fund
4
Date Prepared: September 21, 2007 Ordinance 31, 2007
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Date Prepared: September 21, 2007 Ordinance 31, 2007
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Date Prepared: September 21, 2007 Ordinance 31, 2007
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Date Prepared: September 21,2007 Ordinance 31,2007
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Date Prepared: September 21, 2007
Ordinance 31,2007
1 SECTION 3. The City’s Growth Management Administrator is hereby directed to
2 ensure that this Ordinance and all other necessary documents are forwarded to the Florida
3 Department of Community Affairs and other agencies in accordance with Section
4 163.31 87( 1 )(c)2. b., Florida Statutes.
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SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: September 21, 2007
Ordinance 31, 2007
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
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
FOR AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\cie-ord 31 2007.docx
12
Date Prepared: September 21, 2007
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ORDINANCE 31,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT OF THE CITY OF PALM BEACH
GARDENS COMPREHENSIVE PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Plan on January 4, 1990; and
WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005,
which required an annual update of the Five-Year Schedule of Capital Improvements;
and
WHEREAS, Policy 9.1.1.1. of the City’s Comprehensive Plan requires all capital
facility projects (renewal and replacement) needed to achieve and maintain the adopted
level of service and which are over $50,000 in estimated costs to be included in the
Five-Year Schedule of Capital Improvements; and
WHEREAS, the City is proposing to replace Table 9A & Table 9B of the Capital
Improvements Element of the Comprehensive Plan to update the Capital Improvements
Element consistent with Comprehensive Plan Policy 9.1.1 .I. and Ordinance 8, 2005;
and
WHEREAS, on October 23, 2007, the Planning, Zoning, and Appeals Board,
sitting as the duly constituted Local Planning Agency for the City, recommended
approval of this amendment to the Capital Improvements Element of the
Comprehensive Plan of the City by a vote of 7-0; and
WHEREAS, the City Council finds that this amendment is consistent with the
City’s Comprehensive Plan; and
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: September 21, 2007
Ordinance 31,2007
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SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City’s Comprehensive
Pian is hereby amended to replace existing Tables 9A and 9B with the following, to read
as follows:
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(This replaces the old Table 9A)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
Fundl School Palm Beach Gardens High School Lilac St. Signal - $357,000 - Board
Bums Road Debt Payments $702,400 $702,800 $691,700 $699,400 $700,500 Impact Fees
Grandiflora Drive West of Central to Donald Ross - $4,700,000 Developer
Research Parkway West of Grandiflora - $2,200,000 Developer
Research Parkway East and South of Grandiflora - $2,800,000 Developer
Fundl School Palm Beach Gardens High School Lilac St. Signal - $357,000 - Board
Bums Road Debt Payments $702,400 $702,800 $691,700 $699,400 $700,500 Impact Fees
Grandiflora Drive West of Central to Donald Ross - $4,700,000 Developer
Research Parkway West of Grandiflora - $2,200,000 Developer
Research Parkway East and South of Grandiflora - $2,800,000 Developer
ResurfacelReconstruction Program I $230,000 I $230,000 I $230,000 I $230,000 I $230,000 I GasTax I
I- . I:I
n ,,L 1 I .>
>-< .fF: ,’ ’ Total $2,182,400 $1,631,800 $1,577,700 $1,328,400 $11,079,500
13
- - ImpactFees Land 8 Improvements $500,000 $250,000
rota/ $1,799,000 $966,000 $500,000 $370,000 $685,000
2
Date Prepared: September 21, 2007
Ordinance 31, 2007
rota/ $138,800 $228,800 $228,800 $168,800 $78,800
Stormwater Debt Payments $368,700 $369,300 $369,200 I $368,400 $367,000 General Fund I
Total $368,700 $369,300 $369,200 $368,400 $367,000
Facilities
Municipal Complex Parking Lot Expansion $255,000 - GeneralFund
EquipmenffMaterials Storage Building at Plant Drive $55,000 - GasTax
Subtotal $3ro,ooo $0 $0 $0 $0
Fleet
Fleet Maint.
Fleet Maint.
Vehicles $498,500 $450,000 $450,000 $450,000 $450,000 Fund
Fuel Tank Removal and Replacement $250,000 Fund
Fleet Maint.
Fund - $195,000 Fire Rescue Unit - Replacements $370,000
Subtotal $1,118,500 $450,000 $450,000 $645,000 $450,000
Total
PARKS 8 RECREATION I
$1,428,500 $450,000 $450,000 $645,000 $450,000
3
Date Prepared: September 21, 2007
Ordinance 31, 2007
Grand Total All Elements
1
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7
8
9
10
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17
Jotal $1,651,000 $315 000 $2,000,000 $520,000 $2,685,000
$7,568,400 $3,960,900 $5,125,700 $3,400,600 $75,345,300
Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program
(This replaces the old Table 9B)
4
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Date Prepared: September 21, 2007 Ordinance 31, 2007
7-7
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Date Prepared: September 21,2007 Ordinance 31, 2007
t a
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Date Prepared: September 21, 2007
Ordinance 31, 2007
(The remainder of this page left intentionally blank)
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4 163.3187(1)(c)2.b., Florida Statutes.
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SECTION 3. The City’s Growth Management Administrator is hereby directed to
ensure that this Ordinance and all other necessary documents are forwarded to the Florida
Department of Community Affairs and other agencies in accordance with Section
SECTION 4. This Ordinance shall become effective immediately upon adoption.
11
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Date Prepared: September 21, 2007
Ordinance 31, 2007
PASSED this 1%' day of PO VWBwI , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second 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
FOR AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCESkie-ord 31 2007.docx
12
City of Palm Beach Gardens
Council Agenda
November 15,2007
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
P
4
1
I.
11.
111.
IV
720 v.
VI.
VII.
7; 33 VIII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
November 15,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. PGA National Park.
b. age 41 FBI National Academy Associates presentation to PBG Police
Volunteers.
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, elease submit
request form to the City Clerk erior to this Item)
CONSENT AGENDA:
a. @ace SlApprove Minutes from August 16, 2007 regular City Council meeting.
b. -Approve Minutes from September 4, 2007 regular City Council
meeting.
c. JPase ,191 Approve Minutes from September 19, 2007 regular City Council
meeting.
d. 25. -~m on rw hi Resolution 121, 2007 -
Software license and use Agreement. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving a Software License and Use
Agreement between the City of Palm Beach Gardens and MCCi, a subsidiary of
Municipal Code Corporation, for the Laserfiche Document Imaging System; and
providing an effective date.
Y
n 101 -Resolution 128, 2007 -
Purchase awiuu to Musco Sports Lighng. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving an Agreement with Musco
Sports Lighting, LLC for the purchase and installation of sports lighting at PGA
National Park in an amount not to exceed $575,586.00 via an existing contract
with the City of Jacksonville, Florida, Bid No. SC-0511-06; authorizing the
Mayor and the City Clerk to execute the Agreement; and providing an effective
date.
.* - IS&
:: ::
a. $Ordinance 31,2007 - (2nd
reading and adoption). Amending the Capital Improvements Element. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the Capital Improvements Element of the City of Palm Beach Gardens
comprehensive plan; and providing an effective date.
0 9 -
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council. .
City of Palm Beach Gardens
Council Agenda
November 15,2007
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
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
November 15,2007
7:oo P.M.
PLEDGE OF ALLEGIANCE
4I. ROLLCALL
-’m. ADDITIONS, DELETIONS, MODIFICATIONS:
1 IV ANNOUNCEMENTS / PRESENTATIONS:
PGA National Park.
4-k (Pape 4) FBI National Academy Associates presentation to PBG Police
Volunteers.
V.
VI. CITY MANAGER REPORT
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITI’EE REPORTS:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, Dlease submit
reauest form to the Citv Clerk Drior to this Item)
VllL CONSENT AGENDA:
a.
b.
jPaPe 5) Approve Minutes from August 16,2007 regular City Council meeting.
JPaee 12) Approve Minutes fiom September 4, 2007 regular City Council
meeting.
IC]
C. (Pwe 19) Approve Minutes fiom September 19, 2007 regular City Council
meeting.
d. (Staff ReDort on Pace 25, R ion on Page 43) Resolution 121, 2007 -
Software license and use Agreehcul. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving a Software License and Use
Agreement behem the City of Palm Beach Gardens and MCCi, a subsidiary of
Municipal Code Corporation, for the Laserfiche Document Imaging System; and
** providing an effective date.
k‘^ i
IX.
e. (Staff ReDort on PaPe 53, Resolution on PaPe 55) Resolution 128, 2007 -
Purchase award to Musco Sports Lighting. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving an Agreement with Musco
Sports Lighting, UC for the purchase and installation of sports lighting at PGA
National Park in an amount not to exceed $575,586.00 via an existing contract
with the City of Jacksonville, Florida, Bid No. SC-05 11-06; authorizing the
Mayor and the City Clerk to execute the Agreement; and providing an effective
date.
PUBLIC HEARINGS:
Part I - Quasi-iudicial
Part I1 - Non-Quasi-iudicial
a. {Staff ReDort on Page 69,Orc"
reading and adoption). Ameilu1Ilg LIIC Capital Improvements ElenleIlt.
- (2nd
-l*icp&*€*cTfmMb--
--4iikm&d&
RESOLUTIONS:
I
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIIL CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADWSED that if any interested party wishes to appeal
any decision made by the City Council with respect to any ma#er consideted at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verb&*m record is madey including the testimony and evidence upon which the appeal is
to be based
In accorhce with the Americans with Disabilities Act and Section 286.26, Fbrida Statutes,
persons with disabilities needing special accommod&o * ns in orb to participate in this
proceeding are entitled to the pnwision of certain assist41Lce at no cost PIeaSe call the City
Clerk's Offie at 561-799-4122 no later than 5 hys prior to the hearing if this assistance is
required For hearing imp& assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) OT 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Please Print COMMENTS FROM THE PUBLIC Request to Address City Council E h 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 ccComments 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.