HomeMy WebLinkAboutAgenda Council Agenda 011906
City of Palm Beach Gardens
Council Agenda
January 19, 2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 19, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
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 the December 15, 2005 regular City Council
meeting.
b. (Staff Report on Page 12, Resolution on Page 14) Resolution 9, 2006 -
Approve a contract award to Musco Lighting, LLC. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a contract award to
Musco Lighting, LLC for the purchase and installation of sports lighting at City
Park and Plant Drive Skate Park in an amount not to exceed $265,000 via an
existing agreement with the City of Jacksonville; and providing an effective date.
c. (Staff Report on Page 75, Resolution on Page 77) Resolution 12, 2006 –
Approving the purchase of two (2) 2006 Medtec Medium Duty Rescue Units. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the purchase of two (2) 2006 Rescue Units from Ten-8 Fire Equipment,
Inc. The sole source vendor for Medtec Ambulance in the State of Florida;
authorizing the Mayor and City Clerk to execute all documents necessary to
effectuate such purchase; and providing an effective date.
d. (Staff Report on Page 83, Resolution on Page 85) Resolution 13, 2006 –
Approving the purchase of a 2006 Fire Engine from Pierce Manufacturing, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the purchase of a 2006 Fire Engine from Pierce Manufacturing, Inc.;
authorizing the Mayor and City Clerk to execute all documents necessary to
effectuate such purchase; and providing an effective date.
e. (Page 148) Proclamation – January 20, 2006 as Arbor Day.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 149, Resolution on Page 152) Resolution 6, 2006 –
Approving the Art in Public Places for the Midtown Planned Unit Development
(PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Midtown Planned Unit
Development (PUD) (Formally known as The Borland Center PUD), which is
located along the North side of PGA Boulevard between Gardens Square
Boulevard and Shady Lakes Drive, as more particularly described herein;
providing for conditions of approval; and providing an effective date.
b. (Staff Report on Page 171, Resolution on Page 174) Resolution 10, 2006 -
Approving the Art in Public Places for First National Centre. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Art in
Public Places for First National Centre (Parcel 27.03), which is within the
Regional Center Development of Regional Impact (DRI) located on the
Northwest corner of the intersection of PGA Boulevard and Kew Gardens
Avenue, as more particularly described herein; providing for conditions of
approval; and providing an effective date.
c. (Staff Report on Page 192, Resolution on Page 195) Resolution 11, 2006 -
Northcorp Corporate Park PCD – Master Signage Program. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a Master Sign
Program for the Northcorp Corporate Park Planned Community Development
(PCD), generally bounded by the Gardens Station PUD to the North, Interstate
95 to the West, Burns Road to the South, and the FEC Railway to the East, as
more particularly described herein; providing for conditions of approval; and
providing an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 206, Ordinance on Page 208) Ordinance 35, 2005 – (2nd
reading and adoption) Amending Ordinance 17, 2004. Appointment process for
Boards and Committees, Council Liaisons. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida relating to Boards and Committees;
amending Section 2-86, Code of Ordinances entitled “Procedure for Appointment
and Filling Vacancies; Qualifications for Membership of Boards and
Committees”; amending Section 2-92 Code of Ordinances entitled “Officers”;
creating a new Section 2-100, Code of Ordinances to be entitled “Council
Liaison”; providing for codification; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
a. (Page 272) Settlement Proposed by Roger Blangy.
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
December 15, 2005
The December 15, 2005 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:02 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett.
ADDITIONS, DELETIONS, MODIFICATIONS: Vice Mayor Jablin made a motion to
approve additions to the agenda. Councilmember Levy seconded the motion, which carried
by unanimous 5-0 vote. Therefore the following additions to the agenda were approved:
Additions: under Announcements and Presentations: recognition of the Palm Beach Gardens
high school football team for winning the State championship; under Consent Agenda: a
proclamation in honor of the football team; under City Manager’s report: Katrina Focus
Group report; under Items for Council Action: Biotech Overlay Discussion.
ANNOUNCEMENTS/PRESENTATIONS:
Fire Chief Ed Arrants – In recognition of his 25th Anniversary. - Mayor Russo read aloud a
proclamation in honor of Fire Chief Arrants, which was approved upon motion by Vice
Mayor Jablin, seconded by Councilmember Levy, and unanimously carried. The Chief was
presented with the proclamation and a 25-year pin, and photographs were taken. Chief
Arrants made comments and expressed his thanks.
Recognition of the Palm Beach Gardens high school football team for winning the State
championship – Mayor Russo recognized the team’s accomplishments and read aloud a
proclamation, which was approved upon motion by Vice Mayor Jablin, seconded by
Councilmember Levy, and unanimously carried. After the team coach had made comments
and expressed his thanks, photographs were taken. Mayor Russo requested staff research the
sign code to allow signs in honor of the football team.
Update on the status of Palm Beach Gardens High School (modernization), Mirasol
Elementary School (new construction), and Palm Beach Gardens Elementary
School (modernization) schedule - A presentation was made on behalf of the School Board
by the architect for the high school modernization, who reviewed the proposed site plan and
answered questions from Council members. The Council expressed concern with the
proposed architecture and asked for an elevation from Holly Drive. Other School Board staff
members participated in the presentation. The architect for Palm Beach Gardens Elementary
School reviewed the proposed construction schedule, existing conditions, and proposed
improvements. The architect for Mirasol Elementary School presented the proposed site plan
for the new school. Linda Hughey, Reed Drive, objected to the proposed colors and design
for the high school, which she compared to an institution or a jail, and to the proposed traffic
pattern. Tim Frohling requested consideration for parking during construction, more
meetings with parents of children who would attend the high school and nearby residents,
and ingress/egress to the parking lot from Lilac Street. Carolyn Chaplik, Hudson Bay Drive,
objected to the building color and design of the proposed high school and expressed her
opinion that it should be designed for larger capacity. John Chaplik, Hudson Bay Drive,
commented the new high school should plan for increased growth. Pat Hughey objected to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05
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the traffic pattern for pickup and dropoff, stated she did not receive a notice for the high
school meeting, and announced she would donate a brick in the City courtyard plaza to
recognize the high school football team.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett reported she had attended the award ceremony for the Citizens
Mobile Patrol, a volunteer group who worked with the Police Department. Councilmember
Barnett wished former Councilmember Lauren Furtado a happy birthday. Councilmember
Levy reported he had attended a crime watch meeting for Plats 1 and 6; and had run in the
marathon at the Golf Course, getting last place. Councilmember Valeche reported he had
attended a meeting with Commissioner Marcus and other representatives of north county
cities regarding emergency preparedness and workforce housing, where good ideas had been
presented, including pre-positioning hurricane supplies, cross training public works
personnel to repair traffic signals, and buying a tanker truck to replenish fuel supplies.
Councilmember Valeche reported he had also attended a workforce task force meeting at
Northern Palm Beach County Chamber of Commerce. Vice Mayor Jablin reported from the
Metropolitan Planning Organization meeting that the turnpike authority had indicated the
Beeline interchange would be open in 4-5 months; there had been a presentation on the
South Florida East Coast Corridor Analysis which was scheduled for completion in 2012 or
2019; and there had been discussion of mandating generators at gas stations and at key
intersections. The Vice Mayor wished everyone a happy holiday and announced the
Hanukkah party on December 28, and thanked the business owners who underwrote this
event each year. Mayor Russo asked that thank-you letters be sent to people who sent food
for the funeral of Shawn Thurmond and to the business owners who underwrote the
Hanukkah party. Mayor Russo described efforts that were being made to get reimbursement
from FEMA. Mayor Russo reported he had attended a Chamber of Commerce breakfast
where the president of Pratt & Whitney spoke and indicated their business was growing. The
Mayor reported staff had provided information to the county and state regarding Scripps and
the county had appeared unappreciative at their recent meeting. Mayor Russo and Vice
Mayor Jablin expressed their opinion that the City should not spend any more time on this
until the entire County Commission asked the City for their help, and the City should go
ahead with the biotech overlay. The other Councilmembers agreed.
CITY MANAGERS REPORT:
City Manager Ron Ferris recognized and thanked the employees who had examined
opportunities to help victims of Hurricane Katrina, and reported a canine unit had been taken
to Pascagoula, Mississippi. The group’s first recommendation was to send seven surplus
vehicles to Jackson County, Mississippi. City Manager Ferris reported on the City’s
emergency preparedness for hurricane events and expressed appreciation for the employees.
COMMENTS FROM THE PUBLIC:
Joan Elias, Diamond Head Way, reported she had been a task force member for the
municipal complex with Ed Arrants and that he had been the first to contribute money in
order to get the bond issue to build the complex. Carolyn Chaplik, Hudson Bay Drive,
commented the City staff had bent over backwards to provide information to the County and
she was upset with the County Commission over their actions regarding Scripps, and that the
City had been trashed at their meeting, and she felt the City was right in their decision of
hands off and that the City should not contribute money. Mayor Russo reported he had been
asked by the county for a contribution, with the dollar amount stated, from Palm Beach
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Gardens for Scripps, but he had told them the residents would have to be asked for input, and
they would have to sell that to the council first and then the residents. The Mayor noted that
the county collected tax dollars from the whole county and Scripps would benefit the whole
county, not just Palm Beach Gardens. Harvey van Norman stated he was representing 50-60
members of the Palm Beach Gardens golf group who played at the City’s golf course and
asked for necessary repairs and replacements at the golf course. Mr. van Norman reported
some players had left because of the condition of the course. Mayor Russo indicated the City
should do their best to provide a quality product for the residents. Amir Kanel thanked Vice
Mayor Jablin for comments on the turnpike and advised he was one of the people scheduled
to attend a meeting regarding the height of the wall. Mayor Russo indicated the City would
try to help. Mr. Kanel commented on the train horn the previous night, and that something
must be done for quality of life. The Council returned $100.00 that Pat Hughey had
contributed for a brick for the high school, indicating the City would contribute that brick.
CONSENT AGENDA:
Vice Mayor Jablin made a motion to approve the consent agenda. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following
items were approved on the consent agenda:
a. Approve Minutes from the November 17, 2005 regular City Council meeting.
b. Resolution 172, 2005 - Termination agreement with Palm Beach County
relating to the District Park Interlocal Agreement and Lease. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida authorizing the
Mayor and City Clerk to execute a Termination agreement with Palm Beach
County relating to the District Park Interlocal Agreement and Lease; and
providing an effective date.
c. Resolution 176, 2005 – Approving the FY2006 purchase of desktop
computers. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the purchase of 65 desktop computers for use in
City-operated facilities via an existing contract with the State of Florida,
Contract No. 250-000-03-1; and providing an effective date.
d. Resolution 150, 2005 – Agreement with Winchester Courts Homeowner’s
Association, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an agreement between the City of Palm Beach
Gardens and Winchester Courts Homeowner’s Association, Inc. for the
installation and maintenance of mitigation improvements; and providing an
effective date.
e. Resolution 177, 2005 - Addendum I to the Memorandum of Understanding.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the City Manager to execute Addendum I to the Memorandum of
Understanding with PGA North II of Florida LLC, RCA Center II of Florida
LLC, PGA Gateway, Ltd., and Mall Properties, Ltd. Related to the Kyoto
Gardens Drive extension; and providing an effective date.
f. Resolution 180, 2005 – Contract award to Davco Electrical Contractors
Corporation for sports lighting repairs due to Hurricane Wilma. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving a
contract award to Davco Electrical Contractors Corp. for various lighting
repairs necessary due to Hurricane Wilma, in an amount not to exceed
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05
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$350,000.00 via an existing contract with the School District of Palm Beach
County; authorizing the City Manager and the City Clerk to execute said
agreement; and providing an effective date.
g. Resolution 182, 2005 - Urban and Community Forestry Grant Memorandum
of Agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida supporting the submission of an application(s) for grant
funding through keep Palm Beach County Beautiful, Inc. and the State of
Florida, Department of Agriculture and Consumer Services, Division of
Forestry, to replace trees that were severely damaged or destroyed during the
2004 hurricanes; authorizing the City Manager to enter into an Urban and
Community Forestry Grant Memorandum of Agreement; and providing an
effective date.
h. Proclamation – recognition of Ed Arrants for 25 years of service to the City
of Palm Beach Gardens.
i. Proclamation – recognition of Palm Beach Gardens High School Football
Team State Championship.
PUBLIC HEARINGS:
Part I – Quasi-judicial - Mayor Russo reviewed the procedures that would be followed in the
quasi-judicial cases tonight; the City Clerk swore in all those intending to offer testimony in
any of tonight’s cases.
Ordinance 37, 2005 – (2nd reading and adoption) The Pointe, rezoning a parcel of land
consisting of 9.18 acres, located at the Northwest corner of Military Trail and Interstate-95.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning a
parcel of land consisting of 9.18 acres, located at the Northwest corner of Military Trail and
Interstate 95, as more particularly described herein, from a Professional Office (PO) zoning
designation to a Planned Unit Development (PUD) overlay zoning designation with an
underlying zoning of Professional Office (PO); amending the zoning district map; and
providing an effective date. [Resolution 175 is a companion item to Ordinance 37, 2005
and will require Council action.] Resolution 175, 2005 - The Pointe, approving the master
development plan for the approximately 9.18-acre property located at the Northwest Corner
of Military Trail and interstate-95 A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the master development plan for the approximately 9.18-
acre property located at the Northwest corner of Military Trail and Interstate 95, as more
particularly described herein, to allow the development of 150,000 square feet of
Professional Office space and a five-level parking garage to be referred to as “The Pointe
PUD”; providing for waivers; providing for conditions of approval; and providing an
effective date. The City Clerk read Ordinance 37, 2005 by title only on second reading, and
read Resolution 175, 2005 by title. Mayor Russo declared the public hearing open, and asked
for ex-parte communication. None was reported except by Councilmember Levy, who
reported he spoke with Eileen Tucker before the meeting. The applicant indicated there had
been no changes since the last meeting. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin moved approval of Ordinance 37,
2005 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote. Vice Mayor Jablin moved approval of Resolution 175, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Resolution 179, 2005 - Mirasol Walk PUD – Bank of America. A Resolution of the City
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05
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Council of the City of Palm Beach Gardens, Florida approving an amendment to the Mirasol
Walk Planned Unit Development (PUD) to allow the development of a 4,500-square-foot
Bank with three drive-thru lanes and an ATM on a 1.28-acre out parcel, as described more
particularly herein; providing for waivers; providing for conditions of approval; and
providing an effective date. The City Clerk read Resolution 179, 2005 by title. Mayor Russo
declared the public hearing open. No ex-parte communications were reported. Karen
Anderson, with Architectural Design Collaboratives, presented the project on behalf of Bank
of America. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Vice Mayor Jablin moved approval of Resolution 179, 2005. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
RESOLUTIONS:
Resolution 163, 2005 – Art in Public Places for Mirasol Town Square. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places
for Mirasol Town Square, which is within the Mirasol Planned Community Development
(PCD) located on the Northwest corner of the intersection of PGA Boulevard and the Florida
Turnpike, as more particularly described herein; providing for conditions of approval; and
providing an effective date. Lucy Keshavrez with Art and Culture Group, the art consultant
for this project, made a presentation on behalf of the applicant. Joan Elias objected to the
subject of the art, a statue of Thomas Jefferson, and suggested a statue of Mr. Macarthur.
Vice Mayor Jablin expressed his opinion that the appropriate location for a statue of Mr.
MacArthur would be under the Banyan tree. Discussion ensued regarding the subject of the
art. The applicant indicated this piece had been approved by the Art in Public Places board
and by the private developer. Vice Mayor Jablin moved approval of Resolution 163, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Resolution 170, 2005 – Golf Course Loan. – Authorize the issuance of the Golf Course
Improvements Note Series 2005. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing the issuance of a not-to-exceed $1,155,200 City of Palm Beach
Gardens, Florida Public Improvement Note, Series 2005, to finance the cost of certain
improvements to the City’s Golf Course; awarding such note to Wachovia Bank, National
Association, by negotiated sale; fixing the denomination, maturity, interest rate, redemption
provisions, and other details with respect to such note; designating the City as the paying
agent and registrar for such note; and providing an effective date. Finance Director Allan
Owens provided a presentation. The City’s Bond Counsel, Skip Miller, explained details of
early repayment. Discussion ensued regarding the type of rest rooms to be used and other
details. Carolyn Chaplik, Hudson Bay Drive, encouraged improvements on the greens, which
would generate more revenue, since people did not play there because of the current
condition of the greens. Staff reported the project would take 4 months, during which the
course would be closed. Vice Mayor Jablin moved approval of Resolution 170, 2005.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Resolution 184, 2005 - Declaring an emergency due to Hurricane Wilma damage and
waiving normal procurement requirements. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida declaring an emergency, waiving competitive bid
requirements, and authorizing the City Manager to contract for repairs in an amount not to
exceed $500,000.00 due to Hurricane Wilma damage; and providing an effective date. Todd
Engle, Construction Services Director, provided a presentation. Vice Mayor Jablin moved
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/15/05
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approval of Resolution 184, 2005. Councilmember Levy seconded the motion, which carried
by unanimous 5-0 vote.
ORDINANCES:
Ordinance 35, 2005 - Amending Ordinance 17, 2004. Appointment process for Boards and
Committees, Council Liaisons. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to Boards and Committees; amending Section 2-86, Code of
Ordinances entitled “Procedure for Appointment and Filling Vacancies; Qualifications for
Membership of Boards and Committees”; amending Section 2-92 Code of Ordinances
entitled “Officers”; creating a new Section 2-100, Code of Ordinances to be entitled
“Council Liaison”; providing for codification; and providing an effective date. The City
Clerk read Ordinance 35, 2005 on first reading by title only. Vice Mayor Jablin made a
motion to place Ordinance 35, 2005 on first reading by title only. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 36, 2005 – Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ Budget for the Fiscal Year beginning October 1, 2004, and ending September 30,
2005, inclusive; and providing an effective date. The City Clerk read Ordinance 36, 2005 by
title only on first reading. Finance Director Allan Owens provided a presentation. Vice
Mayor Jablin made a motion to place Ordinance 36, 2005 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance
39, 2005 - Amending the Fiscal Year 2005/2006 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’
budget for the Fiscal Year beginning October 1, 2005, and ending September 30, 2006,
inclusive; and providing an effective date. The City Clerk read Ordinance 36, 2005 by title
only on first reading. Finance Director Allan Owens provided a presentation. Vice Mayor
Jablin thanked Betty Marks, who had donated $17,000 for a bronze sculpture at Sandhill
Crane Park to commemorate her husband Vice Mayor Jablin made a motion to place
Ordinance 39, 2005 on first reading by title only. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Biotech Overlay Discussion – Councilmember Levy was concerned about restricting other
types of high-tech industry. Mayor Russo indicated no changes to residential or retail would
be made. Councilmember Levy indicated he would prefer a scientific or research overlay.
Councilmember Barnett asked the motivation for the biotech overlay, to which Mayor Russo
responded if Scripps went in at the FAU campus, this could encourage the Governor’s
signature. Discussion ensued. The overlay could prevent property from reverting to
residential, any value added employer could be allowed, if this was something Scripps
needed it would be started, and it would be in writing for any business who wanted to come
to the City. Councilmember Barnett expressed her opinion that staff had already spent time
on Scripps and she saw no point to the City pursuing this at this time because she felt value
added employment had already been addressed. Staff indicated this was the next step in that
process. Vice Mayor Jablin moved to pursue a policy of overlay value added employment
which might include a biotech scientific research and development type industry.
Councilmember Levy seconded the motion. The Vice Mayor indicated this was to ask staff
to explore the possibilities of an overlay zone that would restrict land uses to value-added
employment on the properties identified. Councilmember Levy indicated he did not think
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this would cost a lot of staff time because he felt a lot of it was already done. City Manager
Ferris noted it had been started. Vice Mayor Jablin commented an overlay was a completely
different process. Councilmember Valeche commented the properties had been identified but
the uses had not been restricted. Mayor Russo commented the Governor was looking for a
cluster to be created in available land, and if Scripps went to a certain site that land would be
available, and he thought the City should be prepared. Councilmember Barnett agreed but
asked how creating an overlay would change the land that had been identified, to which the
response was an overlay would be stronger and more enforceable. The City Manager
expressed his opinion it would not change the land uses but would identify an area that could
welcome the type of businesses the City was looking for, and it would formalize the policy,
and also could be an effective marketing device to recruit value-added employment. The
motion carried by unanimous 5-0 vote.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 10:47 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 8,2005
Meeting Date: January 19,2006
Resolution 9,2006
SubjectlAgenda Item: Approve a contract award to Musco Lighting, LLC for installation of
sports lighting at City Park and Plant Drive Skate Park
[XI Recommendation to APPROVE
I I Reviewed by:
City Attorne
Finana JQ
I Submitted by: !* Department I Administrator
Originating Dept.:
Recreation Division
Charlotte Presenskv.
Recreation irect @
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
++Notified
[ x ] Not required
Costs: $265.000.00
(Total)
$265,000.00
Current FY
Funding Source:
[ 3 Operating
[ X ] Other
Recreation Impact
Funds
Florida Development
Assistance Grant
Budget Acct.#:
301 -2000-572.6900
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 9, 2005
[ ]None
Date Prepared: December 8,2005
Meeting Date: January 5,2006
Resolution 9, 2006
BACKGROUND: The Recreation Advisory Board (RAB) annually assembles a 5-year plan for
priority park projects with assistance from City staff. Their conclusions are based upon input from
the community via surveys, public meetings, and discussions at their monthly meetings.
Included in the approved budget for this fiscal year, were two lighting projects:
1. City Park Basketball Courts (outdoor, 2 full courts)
2. Plant Drive Skatepark
Due to the nature of these projects and the expansion or recreational services they provide, funding
has been allocated from the Recreation Impact Fund. Additionally, in August 2005, the City was
fortunate to be awarded a $200,000 matching grant from the State of Florida for certain amenities to
be added to City Park. Included in the grant project scope is the lighting of the basketball courts.
Staff is recommending utilizing a piggyback contract process. The Musco Lighting system proposed
is the leading technology in the sports lighting field. The City has had success with the purchasing
process and cost value associated with utilizing the City of Jacksonville Bid #SC-0549-03. The
system proposed is similar to all other current sports lighting in City parks.
These projects as outlined in the 5-year capital plan were identified for their value to the delivery of
recreation services. The addition of lights at the City Park basketball courts will assist in providing
much needed space for the youth basketball program. The RAB initiated the inclusion of lighting at
the skate park following a request from a contingent of youth and parents at a previous RAB
meeting. The RAB acknowledged that skate park amenities are limited to youth and adults without
lights. With the addition of lights, the skatepark operating hours will be extended into the evening.
Fiscal impacts of these projects include funding for electrical services and staff hours. Both of these
were accounted for in the preparation of the currently approved budget.
The City received proposals from Musco Lighting, LLC in a combined amount $265,000 for both
parks via an existing bid with the City of Jacksonville. As noted on the proposals provided by Musco
Lighting, a significant savings on electric consumption and maintenance costs will be realized by the
selected product. The Light-Structure Green product provides the most glare reduction and electrical
efficiency. In addition, the proposed system incorporates new technology to control the system via a
computer. This will aid in the monitor of the lights when on or off, and allows staff to operate the
system from a desk or home computer thereby reducing the need to return to the park. The pricing
also includes a warranty for basic maintenancehepairs and re-lamping of the entire system at the
end of the useful lamp life.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 9, 2006 as presented.
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RESOLUTION 9,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A CONTRACT AWARD
TO MUSCO LIGHTING, LLC FOR THE PURCHASE AND
INSTALLATION OF SPORTS LIGHTING AT CITY PARK AND
PLANT DRIVE SKATE PARK IN AN AMOUNT NOT TO EXCEED
$265,000 VIA AN EXISTING AGREEMENT WITH THE CITY OF
JACKSONVILLE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to purchase and install sports lighting equipment at
City Park basketball courts and Plant Drive Skate Park in order to expand recreation
services to the public; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City has received quotes from Musco Lighting, LLC in the
amount of $265,000 for such equipment and installation, a copy of which is attached
hereto as Exhibit “A; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens to
award a contract to Musco Lighting, LLC based on an existing agreement with the City
of Jacksonville, Bid #SC-0549-03, a copy of which is attached hereto as Exhibit “B”; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a contract to Musco Lighting, LLC to provide such products and services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a contract for the purchase and
installation of sports lighting to Musco Lighting, LLC not to exceed the amount of
$265,000 and authorizes the Mayor and City Clerk to execute the agreement, a copy of
which is attached hereto as Exhibit “C.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: December 8,2005
Date Prepared: December 8,2005
Resolution 9,2006
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PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
G:bttorney-share\RESOLUTlONShusco lighting - reso 9 2006.doc
2
Date Prepared: December 8,2005
Meeting Date: January 19,2006
Resolution 9,2006
EXHIBIT A
Price Quotes From Musco Lighting:
City Park Basketball
PI ant D rive Skate park
Exhibit A
Palm Beach Garden City Park Basketball
Palm Beach Gardens, FL
Assumptions
Customer Provided Energy Data:
Energy Cost per kWh
Annual Operating Hours
Technology Specific Data:
Light-Structure Green Fixture Qty.
Average kW demand per fixture
Useful lamp life
Average kW demand per fixture
Useful lamp life
Prior Technology Fixture Qty.
$0.220
800
7
1.564
5000 hrs
12
1.62
3000 hrs
Controls Information:
Controls Energy Savings 15%
Labor Rate per Hour $12.00
# On/Off Cycles per Year 267
Labor Hours per Cycle 0.5
Lamp Maintenance Data:
Lamp replacement cost $1 25
including parts, equipment & labor
NOTE:
Life cycle costs are based upon the assumptions given by the customer above. Any variation in this data will change the
life cycle cost proportionately. Musco guarantees the average Light-Structure Green system kWper hour and useful life of
the lamp.
0 2005 Musco Lighting W25YA1 We Make It Happen,
Palm Beach Gardens City Park Basketball
Palm Beach Gardens, FL
Date: 1111 1/05
Equipment Description - Basketball Courts (2)
Light Structure GreenTM System delivered to your site in Five Easy PiecesTM
Pre-cast concrete bases
Galvanized steel poles
0 Pole length wire harness
0 Factory-aimed and assembled luminaries
0 1 security fixture for playground area
Energy savings of more than 50% over a standard lighting system
50% less spill and glare light than Musco’s prior industry leading technology
Musco Constant 25TM warranty and maintenance program that eliminates 100% of your mair..dnance
costs for 25 years, including labor and materials
Guaranteed constant light level of 25 footcandles for Basketball for 25 years, +/- 10% per IESNA RP-06-
01 for the softball field.
3 group re-lamp at the end of the lamps’ rated life, 5000 hours
Control Link@ Control & Monitoring System for flexible control and solid management of your lighting
system
UL Listed remote electrical component enclosures
Also Includes:
0
0
0
0
Quota tion Price
Pricina is Der City of Jacksonville Bid #SC-0549-03
Description QTY $ Per Total
50’ mounting height poles with 6 fixtures 1 $ 7,010 7,010.00
50’ mounting height poles with 17 fixtures 1
TLC Glare Control Visors 13
Disconnects 2
9% Wind Speed Adder 3
Control Link 1
10 Club Warranty (Extended for 25 years) 13
50’ mounting height poles with 2-19 fixtures 2
Concrete Backfill adder for 50‘ poles 2
400 amp service 1
Connect Breaker to Contactor 2
Brooks 38T Pull Box 2
Connect Conductors from Pole Box to Sports Lighting Pole 2
Conduit & Wire 2307
$ 7,845
$ 158
$ 210
$ 1,560
$ 9,000
$ 1,800
$ 300
$ 10,400
$ 65
$ 200
$ 75
$ 22
$1,090
7,845.00
2,054.00
420.00
4,670.03
9,000.00
14,170.00
3,600.00
600.00
10,400.00
130.00
400.00
150.00
50,754.00
Total 11 1,211.83
Musco has recently introduced the new Light Structure Green technology that allows you to save up to 50% in kW
consumption for your sports lighting system. This new and improved system will be provided for the above quoted price.
palmbeachbasketballquoterl Page 1 of 2
Sales tax is not included as part of this quote.
Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential.
Pavment Terms
Net 30
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
including voltage and phase, pole locations is approximately 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.
Notes
Quote is based on:
0
0
Shipment of entire project together to one location
Structural code and wind speed = 2004 FBC, 140 MPH exposure C.
Confirmation of pole locations prior to production
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Tim lmhoff
Sales Representative
Phone: 954-727-8444
Fax: 954-727-8445
palm beachbasketballquoterl Page 2 of 2
Exhibit A
Plant Drive Park - Skate Park
Palm Beach Gardens, FL
$16,667 I $0 I $1 6,667
$3.750 $0 23 750 I
Assumptions
Customer Provided Energy Data:
Energy Cost per kWh $0.200 Controls Energy Savings 15%
267
Technology Specific Data: Labor Hours per Cycle 0.5
Controls Information:
Annual Operating Hours 800 Labor Rate per Hour $1 2.00
# On/Off Cycles per Year
Light-Structure Green Fixture Qty. 12
Average kW demand per fixture 1.564 Lamp Maintenance Data:
Useful lamp life 5000 hrs Lamp replacement cost $1 25
Average kW demand per fixture
Useful lamp life 3000 hrs
Prior Technology Fixture Qty. 20 including parts, equipment & labor
1.62
NOTE:
Life cycle costs are based upon the assumptions given by the customer above. Any variation in this data will change the
life cycle cost proportionately. Musco guarantees the average Light-Structure Green system kWper hour and useful life of
the lamp.
0 2005 Musco Lighting W25YA1 We Make It Happen,
Plant Drive Park - Skate Park
Date: 1111 1/05
Equipment Description - Skate Park
Light Structure GreenTM System delivered to your site in Five Easy PiecesTM
0 Pre-cast concrete bases
0 Galvanized steel poles
0
0 Pole length wire harness
0 Factory-aimed and assembled luminaries
Energy savings of more than 50% over a standard lighting system
50% less spill and glare light than Musco's prior industry leading technology
Musco Constant 2CiTM warranty and maintenance program that eliminates 100% of your maintenance
costs for 25 years, including labor and materials
Guaranteed constant light level of 30 footcandles for the Skate Park for 25 years, +/- 10% per IESNA RP-
06-01 for the softball field.
3 group re-lamp at the end of the lamps' rated life, 5000 hours
Control Link@ Control & Monitoring System for flexible control and solid management of your lighting
system
UL Listed remote electrical component enclosures
Also Includes:
0
0
0
0
0
Quotation Price
Pricing is per City of Jacksonville Bid #SC-0549-03
Description QTY $ Per Total
1) 50' mounting height poles with 5 fixtures 4 $ 6,175 24,700.00
3) TLC Glare Control Visors 20 $ 158 3,160.00
4) Disconnects 4 $ 210 840.00
5) 9% Wind Speed Adder 3 $ 2,583 7,749.00
7) 10 Club Warranty (Extended for 25 years) 20 $1,090 21,800.00
8) 50' mounting height poles with 2-19 fixtures 4 $ 1,800 7,200.00
10) 400 amp service 1 $ 10,400 10,400.00
11) Connect Breaker to Contactor 4 $ 65 260.00
12) Brooks 38T Pull Box 4 $ 200 800.00
13) Connect Conductors from Pole Box to Sports Lighting Pole 4 $ 75 300.00
14) Conduit & Wire 2991 $ 22 65,802.00
6) Control Link 1 $ 9,000 9,000.00
9) Concrete Backfill adder for 50' poles 4 $ 300 1,200.00
Total 153,211 .OO
Musco has recently introduced the new Light Structure Green technology that allows you to save up to 50% in kW
consumption for your sports lighting system. This new and improved system will be provided for the above quoted price.
Sales tax is not included as part of this quote.
Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential.
plantdriveparkskatequote Page 1 of 2
Payment Terms
Net 30
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
including voltage and phase, pole locations is approximately 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.
Notes
Quote is based on:
0
0
0
Shipment of entire project together to one location
Structural code and wind speed = 2004 FBC, 140 MPH exposure C.
Confirmation of pole locations prior to production
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Tim lmhoff
Sales Representative
Phone: 954-727-8444
Fax: 954-727-8445
plantdriveparkskatequote Page 2 of 2
Date Prepared: December 8,2005
Meeting Date: January 19,2006
Resolution 9,2006
EXHIBIT B
City of Jacksonville Bid #SC-0549-03
... ._ ... .. .. . _.
I.
.. .... .. .. ..
1. - DEPARTMENT OF ADMINISTRATION AND FINANCE
Procurement and Supply Division
Ref: SC-0549-03
To Whom It May Concern:
Please be advised that the City of Jacksonville has no problem with any other city or county
agency using the above mentioned contract as long as the vendor agrees.
The following is a copy of the original awarded contract signed by the city of Jacksonville’s
Award Committee. You will need to contact the vendor you wish to purchase from for the
agreement submitted.
Sincerely,
Sandy Averell, Buyer
Procurement 8c Supply
Jacksonville PiRayback References
Okaloosa County Schools
Dr. Bill Smith
850-833-31 00
City of Tallahassee
Mr. David White
850-89 1 -5342
City of Malone
Mr. Gene Wright
850-569-5885
Waltons County School
Mr. Wayne Miller
850-892-8328
Wakulla County Schools
Mr. Randy Bristol
850-926-81 1 I
City of Madison
Mr. Kevin Veals
850-973-261 1
City of Perry
Mr. Bill Satterwhite
850-838-3528
.. .
rn I
THIS FORM MUST BE SIGNED AND INCLUDED IN BID SUBMISSION L
MUSCO SPORTS Lmrrrrm LLC
IllGHPOnVT, NC 27262
SUBMIT BID IN DUPLKATE
IYIS BD WlLL BE OPENED ON wodncrday, April 23,2003 'OM 1701 WESTCHES'l'ER DR., STE 300
AGREEMENT WILL BE IN ACCORDANCE WITH ATTACHED TERMS EL CONDITIONS, SPECIFICATIONS AND
BID PROPOSAL FORMS.
MI6 OF AWARD MULTIPLE AWARD TO All. QUALIFIED VeNDORS.
... .. .-
Bidder', Certfflcrllaq Mnlerlrl b F.O.B.
DELNERED TO VARIOUS PARK LOCATIONS THROUGHOUT JACKS0NVLI.E. -- .. ..I -
Dcuvrry k Mdc In busfn-m rsccrpC of purohatc order.
I I
--
DEPARTMENT OF ADMINISIRATION AND FINANCE
Proouroment and Supply Dlvirion
NO'J'lYICAllON OF AWARD AND RELATED ACTIONS
DATE: 5130/03
MUSCO SPORTS LIGHTING
Am: MICHAEL R. UMPACH
1701 WESTCHESTER OR., SUITE 300 HIOHT POINT, NC 27266
BID: sc454943
TITLE: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
Ladies/Gen tlcmen:
Ed You are a successful bidder on the above referenced bid. Bid is accepted
subject to the tcnns, conditions and stipulations in our specificot~ons.
Performance Bond in the mount of $ [as rqulred in the
this notification. (Pluara indude bid number onpufomancr bvndremfnoncs)
c3 - . origiml bidpuckage) rnwt br. returned within 10 days fiom receipt of
* CONTRACT DOCUMENTS OR PURCHASEORDDn TO FOLLOW.
THIS IS NOTAN ORDER.
Awarded as Fo1lows:
SEE ATTACHED AWARD LE=
You are not a successful bidder, Bids are available for inspcction in the
Procurement and Supply Division.
0
Bid security is herewith rdurned; Chcck# Amount - D
Sinccr_tly,
117 Weat Duvnl Street, Suite 335
Jacksovvllla, Florida 32202
Phone: (904)630-3184 Fax: (904)630-2151
L
Fom GbI 10. krkea
a998
PROPOSAL FORM
, PRICE AGREEMENT CONTRACT FOR
PARK AND PLAYGROUND EQUIPMENT
B1D NO. SC9549-03
2. MANUFACTURER CATALOGS: Fixed percentage discount
Manufacturer PJ&
%
%
Fixed Percentage Discount off MSRP
Installation: Fixed percentage of cost (after discounts) of equipment
Manufacturer . /tJ /I4
U/o
%
Fixed Percentage Discount off MSRP
Installation: Fixod pcrcentage of cost (after discounts) of equipment
BID NO. SC.OS49-03
2. MANUFACTURER CATALOGS: Flxed percentage discount (CONTINUED)
Manufacturer ... ..
Fixed Percentage Discount off MSRP
Installation: Fixed percentage of cost (after discounts) of equipment
%
%
Manufacturer
Fixed Percentage Discount off MSRP
InstaNation: Fixed percentage of cost (after discounts) of equipment
%
% .
3. SU64ONTRACTOR EQUIPMENT INSTALLERS:
Business Name See flfk&d. li’en. . <Ace+
Address .. ..-
Telephone Number
Contact Name
Business Name .. -
Address
Telephone Number -
Contact Name
NOTE: Attach vendorlmanufacturer WRITTEN CERTIFICATION(S)
naming bidder, and/or each of its sub-contractor installer($), a$ an
authorized installer certified to install park and playground equipment
as required by each manufacturer. Fallure to comply with thls
provlsion may result in rejection of bid.
.2
1
Subcontractors
Musco Sports Lighting LLC.
100 1'' Avenue West
Oskaloosa, IA 52577
M 'Gay Construction
I51 53 N Main Street
Jacksonville, FL 32226
. Davco
191 0 7Ih Avenue North
Lake Worth, FL 33461
Southeast Electrical Contractors
3505-1 S. Kings Road
Callahan, FL 3201 1
Electrical Contracting Service
2375 W. 77~ Street Hialeah, FL 3301 6
Aneco Specialty Setvices
3060 Mercy Drive
Orlando, FL 32808
r'u .a_--- - L -. .". . .- UUL 7LU &TAU . 1- --a -- -- ----
Name
* 'I CONFLICT OF INTEREST CERTIFlCATE
SECTfON 00320
Tick ofPosition Data of FUng
Signatwe Company Namo
Business Addrcss
City, Stato, Zip Code
PUBLIC OFmCI At IDISCLQSURE
Section 126.112 of tbpdrchasing CodcRcqubcs that a public officig who hos a fwnchl &rest in a bid or WntraCI
mako I disclosum at tho time that the bid or contract is ruhmittd or at the ihc that the public Ofachl acquires a
financial interest in tho bid or contract. Plearo provide disclosure, if applicable, withbid.
Pubh OlYiilnl .-
Position Held
Position ar Relationship with Bidder
.
I "
. WARRANTY INFORMATION FORM a .1
. *** ALL BLANKS MUSTBE PI1.I.ED AND SUBMITTED WITH BID ***
MAKEAND MODELOF @QUIPMENT PROPOSED: iqq cis c o L f6 /JTJ~ 4 .< ~CfTfh
1s there a warranty on the equipment proposed? fl
Nearest sourco for parts andlor service: mCr Z( 6 q&&75 Lf 9.
Name and address of aulhodzed service center(s): TC ke 30 ?A y
Nemo and address of the authority issuing this warzinry: (mmufbcturcr, dhibutor, do.)
NO
/ COPY OF WMPLBTE WARRANZY STATEMENTIS SUBMlTTED HEREWITH;
YES
Wmrancy period must mad or oxcacd the warranty conditions as rwed In the spaoUlcaions on ths bid.
BID SPECIFICATIONS
PRICE AbREEMENT CONTRACT FOR
PAdK AND PLAYGROUND EQUIPMENT
TERMS AND CONDlTIONS
FOR . .
SC6PE The pwpose of this bld Invitation Is to establish a fm, fMed percentage discount froin Wrds andlor
bidder's current cam price list for the purchase of varlow park and playaround equm qmtd by the
Department of Parks, Recteaton 8 Entertainment, City of JadcsonvUle, RorMa. Addiilly, ttrls bid hitation
sM also establish a firm, fixed percentam of manufacturer's and/or bidder's durrenf catalog price list, after
applying the above requested discount far purchase, for the h&flation of varlous..parlc and playground
equlpment requested by #re Department. It is understood that current catalog price lii'are subject to change;
hoWevw, percentages shall remsln fixed. No extra charges or compensaUon will be abWd for installabn.
athem (e.g., volunteers). These Items will be shipped to a designated location and @-haded by the bidder or
bWs ~~ta~e.
QUALIFICATION OF BlBOERS
If a bldder utilizes a subcontractor installer(s) for any park or ptaygmnd equlpment,'!tMhst submfta ILt of its
sub.contractor Installer($) wlth this bid. Additionally. it shall supply WRITEN FAC@h!/tbUWUFAc"URER
CERTIFICATION tm it, or its suboontrador instaner, Is an authorized installer oerfiri :to .install playground equipment as requhd by each manufacturer. Failure to complete !his requiremerit.of&e.bid proposal may
result in rejection of fts bid.
. CWPLIANC SPEClFlC s; . Bid only on izmzt me4 sEks. Bkl only a slngle offering for each bM &; Do not bkJ muIUi>te . offeringe or *aitemetes-. Bid only on forms supplied, using Ink or typwriter, all C0necUm:must be Wated. Bid
only new, unused material.
CAl'AkffiS AND WUFACTURER SUGGESTU) RETA It PRICE {MSRP) LISTS:
€a& bidder shall submit with this bid at no charge two (2) sets of each cumt catalpg*)lw&as wmnt MSRP list thr each catalog submi#ed. All aatalogs and/or MSRP lists shall deatly MW. 6 bid number and the
bldcfer'e name, address, and telephone number. AddiHonally, each bidder awarded &#option year .renewal of thls contract Will submlt at no charge Iwo (2) sets of each then current catalog as well-as current MSRP bt for
each oatalog submitted, within 30 days of award of an optlon year renewal.
Bidders rnusttE-ply with Federal, State and total building and safety cdfs..:Qcalpment must meet all
State and Federal sqfety regulations. The fdlowing publications (issue in effect on date:of Witation fo bid) shall form a part of this spedfkatior~
A. Ametican Wety for Testing and Materials (ASTM):
.
' COMPUANC LAWS AND CODES:
ASTM41487 Standards Methods of testing Playground Equipment for Pub1lo.k.
ASTMW292 Standards Methods for testing various sudadng materials to det&ijlne their "CrUIca.
heIghr (Ole tan height below whioh a life threatening head injury would not be.exp5cted to occur). Conshokeken, PA 19420.
6; Consumer Product Safe* Cammlsslon (CPSC) - printed Handbook for Public Pl&ound safety. Copbs
may be obtalned frwn U.S. Consumer Product Sefety Commission, Washington, D&, 20207.
-1
JUN-16-2083 16: 16 MUSCO LIGHTING
C. National Playground Safely Wltute (NPSI) - identification of 12 leading causes ofd@m on playground. wes may be obtained hm National Recreation and Park Association, 2775 S&wUuincy S*t, Suite
300, Arlfngtm, VA 22208.
D, Amwlcanswith Dkabilittss Act (ADA) Regulations for Title 111, Appendix A, StandardsforAocessibb Design,
Bidders OWlifL that all products (materials, equipment, processt~, age apppfiate s-, or other items
supplied k, respo~ to lhb bid) wtalned in Its bid meet all FeUeral and State requirem@p. Upon completion
of lnstallatii of play equipment andlor playground swfaclng. bid& shall furnish to -:my of Jacksomrille a
eert9ficate 80 stating the quipmenVsurfadng and its installation meet all Federal and State requirements as
outrined in the 8bOw publioatkm.
BMders further ceMy that if the produd(s) delivered andlot install& are subsequentky.foij-d to be deficient in any of the aforementioned regulremenb in effect on date OF delhrery, all oosts neceseary.bbdng the product@)
and instaUatian into compliance shan be borne by be Mdder.
4WARD:
'Mulple awards will be made lo any and all responsive and responsible bkfders. The!& no gUaiantee any
purchase order will be Issued rdlet award Purchase orders will be ksued subject to avdwRi of funds.
issued by the Department of Justke. Copies may be obtained by ding (800) 514-0301,
.
OICING; E!! wi,l be issud once supplies are sttii ai delivered to ow wing agencies;. Ai.a minimum, tnvdces
must includg: Pwchase Order MJmber, Item Number and Dewtph, date of shlpmeWquantlly ordered, unit price, unIt of measure, and a total for all purchases. The vendor wifl work wllh the R-rnent and Accounts . Payable Divlslon to determine mutually agreeable alternatives to invoking such as: sumnlary 8ihg Reports or Elecbonk DaM Interchange (EOI). Standard payment terms are Net 30 days.
TERMS .OF CONTRAC3
The PrtCe Agr.eemerit Contract for Park ad Playground Equlprnent w#l be from June'l; %lo3 thru May 31,2004,
with hNa (2) one (7) yearrenewal options.
TERMS .OF CONTRAC3
The PrtCe Agreemerit Contract ior Park ad Playground Eautornent w#l be from June '1 %lo3 thru May 31,2004, -- .- with hNa (2)-& (7) year renewal options.
mop OF ORDERIN .* %e city.d Jactaow&ay generate a Request Fw Wtatlon (WQ), on m mas wbis, for pwic ad
playground equipment for hdivkhml projmb, together wlh a reguest for addittonal mrequked b compkte
that project (see sample 'Request For Quotation" sheet attached to these spehatScm8). The Cdyreserves the
right to send such RFQ to any or all awarded bidders, The RFQ can define a pkj& exactly (number and
SpedRC tvpe of equipmenl required), or the RFQ can describe a desired end f4t, auaivlng thgbMder lo design
the park or playground site.
After generatit'q en RFQ for a pmject, and before bidder's submission d its quoWm;Wrespon8e b the FWQ,
the CNY.Wtll require requested bfdder(s) to attend a SHe vlsitwlth City personnel to fad.larizs the bidder($) with
the site and determine additisnat services that may be required to complete the prow .Such mvices may
.ktdrrde, but are not llmlted to, sidewalk andor OOMxete w~k, borders, site ctearin'g, stteiwor~~ and testoratlon. flll, dmlnage plpe laying. et6 Bidders Wrll be responsible for the accuracy of all fked nt&sufements.
:2
.I . .---- -..'..*I .... I -- --
7he bidder's quotation in response to the RFQ must contain each of the lollowing:
0 A detalled breakdoh of the cmt for the entlre pro@ct. All equlpment quoted -.&3 on a oomponent basis, listing each component part number and ament component MSRP. Desciiptions of addiilonal
services required, together with their price. shalt also be listed, such as frelght dtarges, sIdeWlk and/or
cdnorete work, site
Names of any and all subcow on the project, together with thek deslgnatedwk and costs. It is
understood the bidder remains responsiMe for project mmpletlon and accep!ance~.by the City. The City
reserves the rlghl to reject my quotatbi in response to an RFQ if said quotauon names a subconlrador who has, in the sob opinion of the City, previously failed in the proper perlormance'of-an awd or failed to delhrer on llme contracts of a slmtlar nature, w who Is not in a positbn b perform properfy under this award.
A date certain by whtoh the pmject must be completed.
~ucio an updated catalog. if needed, and updated WRP IMS for the pa& and p&equlpment specifilly
quoted.
site wtk and restoration, fill, drakrage plpe laying, borders, etc.
'
4
0
,The City will generate purchase orders as a result of approved "Request For Quotatlo16~&obml, at the sole dkoretion d the'My. The City reserves the right to not award to any, 01 to go outside thekbn,ntrad to award.
OTDNAL PRICING:
During 818 mtract period, bIddm wlll exlend any pricrng offered on a 'prom@@' bask from the manufadrirer to the City. It will be the bidder'$ responsiblli to monitor said items and r&d any that are or will
be dfered at lower m.
On any Request For Qudtalron, the City Wtn Wkate the exad installath point. %bidder mu&{ then set
freight charees, offering F.O.6. @bed. This price wHI be indkated on any pudmr ksued. Bidders
are responsible for supplying dl labor. materials, and equipment tequired for'the off-fe$%wand placement of tlems as dlrected at all delivery locations, wlthbut the assktarcce of City of JacksonviUemnel. Additionally,
bid& wlll arrange for and be tesponsble for any storage of materials and egulpment reoepled. r;;l be MEs&~?~~&ii to searre and pay far any and all pen& tbgrnay be requlred to
aammplish the work assodated with the oerformance of these 8kJ Speclflcatlons. Th&City.wlll not honor any request for payment d permits.
P#ke agmment contracts wlll be issued only to the venckxlmanufadurer who @Wted an awarded bM
proposal. No spM arder payments separating equlpment vendor payment from WW@yhent will be Issued by the City of Jadcmnvins, Payment for btdlatlon ohwges will be Ute responsbUity.of.@5 Mdder. Payment for
both equlpment and fnstallatlon wH1 be made only upon completion of the entke scope ofwork and subsequent
acceptam by the City of Jadcsonvllle.
TESZkl bidder shall fully wanant, In wri#ng wlthln 30 days of final acceptar+&.By. Gty, aU. furnished or fumldrednnstalled equipment to be free of defects In materials aWor worktnanshipf&qpedod d at least one
(1) year *om date of4n81allation and acc8ptallc~ by City of Jacksonville. Successfut-tr%Qdet shall repair andlor
replace, at no addiknd cost to City of Jadcsonvtlk, any defwb or maffinctbns.tlt4t'ed during the wanenty
perlod. In addition, suocesStul bidder shall transfer any manufacturer's guarantee to theGity, in Wrwng withln 30 days of final acceptence by sty, for ouppllerlinstaller furnished equipment extendihg beyond this contract
md*
SUPERWS ION:
A bidder job supecvisorlrepresentative will be on lhe work &e at all tlmes and be Uibr6dghly knowledgeable of
Ihe materials. Job requirements, plans, spedficabns and installation functions.
-m
,
RS. FE 0 tONS
pAyMBm
w
3
JOB COMPLE1Ioy:
Blddet/con~Ansta!ler Will be responsible for all matetials received and signed lor from date of order to Gdnipletion of job installation.
.
Bjdder/insbller MI1 be responsible for dean up and removal of all debris resulting kr:@twrnp18110n, leaving work site in neat and orderly fashion at the end of each wdday. Additionally,. liphnstaller Will be responsible for restorlng the work site to its original condition at the completion of the project.
Esbmer sm use due are EsaE~%ging at1 praperty associat~-with, acije to, or in any way
dfected by the work being performed. This applies 10 private property as well es publb mperty and atl uUlitieS
which may exlst within the work ma. Any damage occxlrrtng lo suoh items by.bkhieitshall be immediately
repaired or replaced b a cOndHlon at least equal to hat which existed prior to the damage. All oost8 Incurred for
repair or reptacement shall be bome by bidder. Any damages not repaired or replaced by the bidder within
Ten (10) calendar days from ndiRmtton will be fixed by the City or its contrador and the oost shall be paid by the bidder or deducted from thelt Invoke.
?m event @e awarded bidder@) should vio!afe any provkio~ of thls bid, such bW@..MIl be glven wittem
notice statlng the delWencies and given ten (IO) days lo cor~ed deflolendles found: The City rewves the right
to tmlnate any contrad at any Ume due to any vtolatlon.
In the event the awarded btdder(s) should breach thls contraat, the CRY resews the &hMo seek all remedies in
Failwe of an awarded*Mdder to adhere to completion dah defii in its Request for Qt@@#on may result In no
further awards being made to such bidder under this Price Agreement Contra&.
PONSIBRTPY FOR DAMAG ESERVATION OF PROPERW
NSILIEFAULR
*
hW8ndlor hl WUW.
COR ONSMADL. Y
BW?yicautfoned n:to?Mzb, erase, or strike over any printed material as s$wh this bid invitation.
in quoting prrceS, whether unit prlces w total prlce, whereLet bidders have made ah and has cmected it,
any and all such comctkm should be inR&led by pc#son slgning the bid cover sheet. Fahure to comply with this proviskn may result in rejection of btd.
.
HSURAN CE WOR KER'S COMPENSATION; \he contractor shall take out and malntah during the life of this agreement ~s:~fnpematbn ktswance
. . for all of his employees mneoted with the wrk of this pro]ect and, in case any wo$$is sublet, the conbwtor shall requke the subwntmtor sknlarly to pru- worker's compensation InSuhW.for all of the latter's
employee8 unless such employees are covered by the protection afforded by theanWor. Such Insurance shall mpty Wy with be Florida worker's compensation law. In case any cbss OT cjmptoyees engaged in
hamdous work under this Contmd at the site of the prom is not pmteded undsr thq:wdrkmen's compensation statute, the contractor shall provide, and muse each sub-contrautor to provide, adeq&e insurance, satlsfactory
to the purchaser, for the protecthn of his employees not othetwlse protected. The awarded vendor must submit a copy of an Insmnce CertMcate naming the City as additional insured no later then (10) ten days aRer the
award has been made.
Foo=R ATW P URCHASE Thfs is a cooperative purchase^ contract. State law allows any government agency mekmy accredited school In
the state to buy off thls contrad wlthwt going to bid, as long as it does not wlth any of Wlr local regulations.
..
TOTRL P. 27
Manufacturing Agreement Double Ct :k Form
Customer Name
located under relationship
ShipPinn Address
located under relationship /Post
Equipment Description
locatedon pricing spreadsheet
Total Price
located on pricing spreadsheet
Taxes
Source of Funds
General Contractor
I *located under fixture tab, if we are
~ Retalnage I Warranty
Security Agreement
Default
Remedies upon default
Conditions of Agreement
hddress
Attention to:
Address
LS- Sportscluster-2-
Light Pak
Level-8 -
Total Light Control -
Warranty -
LCC ,.
Control Link
Multi-Watt
Fixtures
located on Pricing
Spreadsheet
10 Club
Non-Taxable
Yes, only if Customer and -- Owner are the same
Address:
Credit screen
Ask Coordinator if delivery is 4-
6 wks
NIA
NIA
NIA
NIA . ... .
NIA
Q&
City I County
Ballast Voltage
Phase
* located under
electrical /design tab
7 year
Taxable
City
- - State
- - State
TeleDhone / Fax
TeleDhone / Fax
TeleDhone I Fax
TeleDhone I Fax
Poles:
Steel
Concrete
* located on
Pricing
Spreadsheet
light pak
Telephone I Fax
Project Name:
Project ID # :
Rep:
.I ,
Musco’s Pricing List is for equipment that meets in all respects
the City of JacksonviIle sports lighting guidelines and specifications
Bid Date: April 22,2003
MUSCO’S PRICE LIST
All Prices are delivered - Terms: Net 30 days on delivery
For installed packages, 25% Down Payment is requested
Musco’s Sports Lighting System
This is a complete sports lighting system including all materials fiom the ground up.
40’ mtg hgt With 2 each SC-2 Fixtures $3,200
40’ mtg b@ With 12 each SG2 Fixtures $1 1,500
50’ mtg hgt With 2 each SC-2 Fixtures $3,670
60’ mtg hgt with 2 each SC-2 Fixtures $4,200
60’ mtg hgt With 11 each SC-2 Fixtures $1 1,450
60’ mtg hgt with 18 each SC-2 Fixtures $17,875
70’ mtg hgt with 2 each SC-2 Fixtures $5,400
70’ mtg hgt with 22 each SC-2 Fixtures $23,060
1
Add $835. Per fixture for
Additional fixhues, up to a total
of 11 fixtures.
Add $835. Per fixture for
Additional fixtwes, up to a total
of 36 fixtures.
Add $835 per fixture for
additional fixtures, up to a total
of19 fixatures.
Add $835. Per fixture for *
additional fixtures, up to a total
of 10 fixtures.
Add $835 per fixture fbr
additional fixtures, up to a total
of17fhtures.
Add $835 per fjxture for
additional fixtura, up to a total
of 27 fixtures.
Add $835 per fixture for
additional furtures, up to a total
of 21 fixtures.
Add $835 per fixture for
additional fixtures, up to a total
of 36 fixtures.
.. , . ...
1
Page 2 - City of Jacksonville - 2003 MUSCO Pricing
80’ rntg hgt with 2 each SC-2 Fixtures $7,900
80’ mtg hgt with 14 each SC-2 Fixtures $18,300
80’ mtg hgt with 23 each SG2 Fixt.um $25,500
90’ mtg hgt with 2 each SC-2 Fixtures $12,200
90’ mtg hgt with 9 each SG2 Fixtures $19,200
90’ rntg hgt with 16 each SC-2 Fixtures $3 1,000
lOd) rntg hgt with 9 each SG2 Fixtures $23,800
100’ mtg hgt with 16 each SC-2 Fixtures $35,000
Safety Platforms: Add $975 per platform
Pole Steps: Add WOO per pole for 40/50/60 foot poles
Add $400 per pole for 70/80/90 foot poles
Add $500 per pole for lOO/llO-foot poles
Add $835 per fixture for
additional fixtures, up to a total
of 13 fixtures.
Add $835 per fixture for
additional fixtures, up to a totd
of 21 fixtures.
Add $835 per fixture for
additional fixtures, up to a btal
of 36 fixtures.
Add $835 per fixture for
additional fixtures, up to a total
of 8 fixtures,
Add $835 per fixture for
additional fixtures, up to a total
of 15 fixtures.
Add $835 per fixture for
additional fixtures, up to a total
of 40 fixtures.
Add $835 per fixture fir
additional fixtures, up to a total
of 15 fixtures.
Add $835 per fixture for
additional fixtures, up to a total
of 36 fixtures.
NOTE: Incfuded in the above prices are delivery jobsite (tailgated), parts and
labor, warranty as stated in accompanying literature (lamps for 2 years,, sealed ..
2
Page 3 - City of Jacksonville - 2003 Musco Pricing
foundation designs by a Florida Structural PE meeting wind speed per Florida
Building Code 110 mph winds B Exposure,
Wind speed and mounting height will dictate pole material type (metal vs.
concrete). For 120 mph wind speed area, please add 9% to the price.
Musco Ten Club Warranty
Musco will provide complete 10-year parts and labor warranty on the entire
Light Structure System including lamp replacement. Service is based on a 300
hour per year lamp usage. Optional programs for 600 and 900 hours are
. available - contact Musco for more details. Add $148.00 per fixture on each
Light Structure Pole. See attached 10 Club Service brochure for complete
program details.
Musco Multi Watt Option
Musco’s Multi Watt option provides for a high low dimming option for the
1500 watt and 1000 watt systems. System includes pre-wiring of system in the
Sportscluster Remote Electrical Enclosure for LSS and SC-2 products. A Multi
Watt Control Panel is required for each zone that is to be controlled.
ADD: $60.00/fmture for each lamp to be controlled by the Multi Watt system
ADD: $1,175.00.00 per zone for each area to be controlled for MUM Watt
Control Box.
Musco Control LinWContactor Cabinet System
Musco’s Control Link system provides a simple, cost effective way to operate
and monitor your lights. Control LinkTM automates field lighting schedules by
an easy to use Control Link Central web site andor 24/7 Control Link Central
staff to assist you scheduling and reporting needs. Usage management reports
are easily downloaded from the website and provide field lighting usage hours
and group user information. This system will proactively monitor the lights and
automatically report lamp outages. Musco’s factory assembled Lighting
Contactor Cabinets are custom designed and a component of the Control Link
system.
Package includes (1) Control Link system with three years of Control Link
Service by Musco along with our large 72” x 24” contactor cabinet with (8) 60
amp contactors and (2) OOA switches. Initial scheduler training and technician
commissioning of the system is included. Price: .$9000.00
3
Page 4 - City of Jacksonville - 2003 Musco Pricing
Musco’s Sportscluster Fixtures
Pre-wired, preAimed with necessary bracketa to attach to poles
For use on poles by others (not included)
Musco “Z” Lamp with Symmetrical Reflector with Lower Inserts
IMPORTANT: The City of Jacksonville recognizes that different manufacturers re4uire
different fixture quantities to achieve the initial levels specified for a
particular sports lighting site. Thus, the prices quoted per fixture are not
relevant to ‘Best Buy for City of Jacksonville” until the City then
provides each manufbcturer the sue of the area (field) they wish to light
(defined by grid counts and grid size) and the initial li&t levels to be
achieved.
SC-2 Remote Ballast 1Ooow $695.00 sc-2 Remote Ballast 1500 W $695.00
Spill and Glare Control:
Level 8 visor (90% spill and glare control). ............ ...$ 90.00 each
Can be added to existing SC-1 or SC-2 fixtures w/o reduction in
field Light Levels.
TLC (Total Light Control)*.. .................................... $158.00 each
(*)TLC will result in 0 light spill onto nearby residential properties.
When considering TLC, additiona1.fixtureS may be required to retain
initial Light Levels.
Disconnect Adder: On any of the remote baht above add $210.00 to each
pole, to have a Thermal Magnetic Disconnect included in the
remote electrical enclosure (up to I8 fixtures per pole).
Retro-Fit SC-1: (Musco’s Older Technology, presently installed at nmerous sites
in the City of Jacksonville) to SC-2 technology - (25% more light per
fixture for same KW consumption).
SC-1 to SC-22.. ........... ..;. .................. $180.00 each
Package Includes: Reflector Insert
1500 W Spring-Loaded ZLamp
Replacement Centehng Ring
4
Page 5 - City of JacksofiviUe - 2003 Musco Pricing
Musco’s Gym-Pak
Built specifically for gymnasiums
Remote Ballast/Dual Level Lighting for PE and Competitive Play
Listed below, please find ‘Gym-Pak Systems” for various size gymnasiums and/or
different light levels.
Gp-Pak 8 8 each Gym-Pak Fixtures $6,064.00
Gym-Pak 12 12 each GpPak Fixtures $9,096.00
Gym-fak 16 16 each Gym-Pak Fixtures $12,128.00
Gym-Pak 20 20 each Gym-Pak Fktures $1 5,160.00
Gym-Pak 24 24 each Gym-Pak Fixtures $1 8,192.00
Per fixture price is $758.00 each, which includes all items, is delivered and warranted..
Please refer to attached literature. For all projects of less than 8 fhtures, please add
shipphg cbarge of 4% of order to handle additional freight costs.
WARRANTIES
Please refer to Musco’s warranty shown on the product literature provided.
MUSCO aPOLE IN THE AIR’’ INSTALLATION OPTION
The Musco System can be purchased “installed” by a licensed Electrical Contractor certified
by Musco. This price will include unloading of the equipment upon arrival to the job site,
excavation of the holes, assembly of the poles and luminaires, all pole wiring, installation of
the foundations, pole erection and luminaire aiming. Wiring for the System is firom the
lightsfluminaire assembly down to the remote electrical enclosure at the base of the pole
where it will be terminated on the Musco supplied disconnect breaker. Note: Installation
assumes standard soils of 2000 psf with no rock or abnormal collapsing holes. Also,
reawnable access to the pole locations must be provided and owner to dispose of excavated
spoils from augured hole.
5
Page 6 - City of Jacksonville - 2003 Musco Priciug
If concrete backfill is required, add $200.00 per pole for 40’, 50’ and 60’ poles. For 70’ and
above poles, add $300.00
Musco will provide final footcandle testing upon installation and energizing of the lighting
system. Owner to supply underground electrical feeders, ground rods, panelboard, labor and
transfirmer to energize the lighting system. No Power Company fees are included in these
prices.
Pole Size
40’ .
50’
60’
70’ pole with 1 to 13 fixtures
70’ pole with 14 to 27 ktura
80’ pole with 1 to 19 fixtures
80’ pole with 20 to 33 fixtures
90’ pole with 1 to 12 fixtures
90’ pole with 13 to 40 fmtura
100’ pole with 1 to 15 fixtures
100’ pole with 16 to 28 fixtures
Cost Per Pole
$1,800.00
$2,300.00
$2,600.00
$ i,700.00
$2,900,00
$3po.00
$3,400.00
$3,800.00
$3,900.00
$5,100.00
$5,600.00
Add $500 per pole if steps and cages are installed.
EIectrical Service Installation:
Installation of eIectrical panelboards and underground electrical
system by licensed electrical contractor:
Provide and install the following. Note: All services are to be quoted at 277/480 volt three
phase. Base all servitx feeders on a lengfh of 150 feet at a burial depth of 36’’ with no
obstructiona in your path.
Installation Number One:
1,
2,
3,
4.
(1) 200 amp three-phase meter can.
(1) 200 amp Main Circuit Breaker N3R 42 cirmit panel with 8 three pole 30
amp breakers.
Sexvice feeders. (4) 3/0 conductors in a 2 % raceway. 150’
Build service rack out of 2” galvanized pipe with galvanized uni-strut to
accommodate meter can, elecD;ical panel and one lighting contactor cabinet
sized at 72” high, 36” wide and 12” deep. The lighting contactor cabinet will
be provided by the sports lighting manufacturer and installed by you.
Provide lump sum for above: $7,800
6
Page 7 - City of Jacksonville - 2003 MUSCO Pricing
Installation Number Two:
1.
2,
3.
4.
(1) 400 amp three phase meter can
(1) 400 amp Main Circuit Breaker N3R 42 circuit panel with 8 three pole 60
amp breakers.
Sexvice fesders: (4) 500 man conductors in a 4” raceway. 150’
Build service rack out of 2” galvanized pipe with galvanized uni-strut to
accommodate meter can, electrical panel and one lighting contactor cabinet
sized at 72” high, 36” wide and 12” deep. The lighting contactor cabinet will
be provided by the sports lighting manufacturer and installed by you.
Provide lump sum for above: $10.4oQ
Installation Number Three:
1.
2.
3.
4.
(1) 600 amp three-phase meter can
(1) 600 amp main circuit breaker N3R 42 circuit panel 12 three pole 60 amp
breakera
Service fders: (2) 4” raceway8 with(4) 300 mcm conducfors in each. 150’
BuiId Service rack out of 3” galvanized pipe with galvanized uni-strut to
ammodate meter can, electrical panel and two lighting contactor cabmets sized
at 72’’ bigh, 36” side and 12” deep. The umtactor cabinet will be provided by the
sports lighting manufacturer by others.
Provide lump sum for above $14.500.00
Provide and Install the following:
Ali prices are utrit:
1.
2
Connect Wiring hm one 3 pole 30 amp breaker tone 3 pole 30 amp contactor using 3
number 6 conductors distance 10 feet:
Connect wiring fiom one 3 pole 60 am breaker to one 3 pole 60 amp wntactor using
3 number 4 conductors distance 10 &et:
$55.00 each
$65.00 each
Provide and install the following pipe and conductors. All installations are to be pvc
schedule 40 pipe at a burial of 36” with thwn conductors.
1.
2.
3.
4.
5,
6.
2 % pvc with (4) 3/0 unit price per foot: $22.00
4” pvc with (4) 500 mcm unit price per foot: $45.00
(2) 4” pvc with (4) 300 man each unit price per foot: $65.00
2” pvc with (4) ##l thwn conductors unit price per foot: $1 5.00
Brooks 38T pull box with 8’”X8’’x6’’ pvc box inside:
Connect (4) #1 conductors &om pull box to sports lighthg pole distance 10”: $75.00
each
$200.00 each
7
riusu LIWII IN^ m3 LM uw3 r.wJ JCIIY'lb'LWIP3 lb; 1d
SUBJECT PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT *
BID# SC.054943 OPEN DATE 4123103 *
GENERAL GOVERNMENT AWARDS COMMIlTEE
KIND AND BASIS OF CONTRACT:
SUPPLY CONTRACT EFFECTIVE JUNE 1,2003 THROUGH hUY 31,2004 WITH TWO (2) ONE (1) -YiM RENEWk opnws. '
. FOR NCREATIOY
BASlS OF AWARD MULTIPLE AWARD TO ALL QUAUFIED MDDERS,
NUMBER OF BIDS INVITE0 gg NUMBER RECEIVED OTHER - 3
TO AU VENDORS LISTED ON THE AlTAaEO BID TABWIATKlN SHEET FOR A SOURCE OF SUPRL.TO.FURNISH,
DUMR, AND THE INST'TION OF PARKS AND PIAYGRdUND EQUIPMENT AS USED IN THE CATALOGS
ATTACHMS: 1) BID TABULATION
SUPPLIED ay THE VENDORS AT DISCOUNTS PROVIDED ON aim.
. 2) MEMO FROM PARKS, RECREATION & ENiRiTAIlNMENT OWISION
. 3) scot%
i&BUYid: RESPECTFULLY SUBMITTED: w aAH0ve-
CONCURRENCE BY: PHILIP J. BRUCE. DNlStON CHIEF,PARKS R
4
(ALL AWARD ACnONS SUBJECT TO AVAILABILIM OF FUNDS) TIRY.2 9 2003 MEMBERS DISAPPROVING DATE:
ACTION Of AWARDS COMMITTEE ON CPO RECOMMENDATIONS
DISAPPROVED
OTHER
SIGNATURE OF AUTHENlCATlON
JUN-16-2@@3 16: 12 Musca LIGHTING 563 263 0005 P.84
. JUN-16-2003 16:12 .MusCO LIGHTING 5M 263 8685 Pi05
(TUN-16-2003 16: 12 f 1
i
WSCO LIGHTING 553 263 0805 P.06
JW-16-2083 16: 12 WSCO LIGHTING 563 263 0065 P.B7
.: JUN-16-2883 16: 13 563 263 8005 P.88
JUN-16-2803 16: 13 MUSCO LIGHTING 563 263 0005 P..ll
I
I
JW-16-2083 16: 14 MUSCO LIGHTING 563 263 0005 P.14
. . JUN-lb-ZUU.5 16:14 NUSCO LIGHTING 563 263 8086 P.15
JLp1-16-2003 16: 14 MUSCO LIGHTING 563 263 0805 P.17
WSCO LIGHTING 563 263 0805 P.18
J.UN-lb-ZUkl5 16: 15 NUSCO LIGHTING 563 263 0005 P.21
. . JUN-lb-’CUW 1b:15 MUSCO LIGHTING 563 263 0005 P.23
Date Prepared: December 8,2005
Meeting Date: January 19,2006
Resolution 9,2006
EXHIBIT C
AGREEMENT WITH MUSCO LIGHTING, LLC
AGREEMENT FOR
SPORTS LIGHTING INSTALLATION
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, a municipal corporation (hereinafter referred to as
the “CITY”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida
33410, and Musco Lighting, LLC (hereinafter referred to as the ‘VENDOR”), whose address
is 950 South Pine Island Road, Suite A-I 50, Plantation, Florida 33324.
WHEREAS, the VENDOR bid on that certain specifications and bid documents for
Park and Playground Equipment, Bid Number SC-0549-03 (hereinafter referred to as
“Project”), issued by the City of Jacksonville; and
WHEREAS, the VENDOR has been deemed to be the responsive bidder, and the
CITY desires to piggyback on the agreement from the VENDOR on the terms and conditions
more particularly described below and as contained in the specifications and bid documents
for Park and Playground Equipment, Bid Number SC-0549-03, and the VENDOR’S response
thereto, all of which are hereinafter incorporated by reference and are referred to as
“Specifications and Bid Documents”; and
WHEREAS, the VENDOR is desirous of entering into the agreement with the CITY
pursuant to the terms and conditions more particularly described herein and pursuant to the
Specifications and Bid Documents.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration of which the parties hereto acknowledge, the parties
agree as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The VENDOR shall perform the services and duties as provided for in the
Specifications and Bid Documents and comply with all of the terms provided for in
the Specifications and Bid Documents.
3. This Agreement term shall be in accordance with the Specifications and Bid
Documents. The contract amount that the CITY is permitted to spend in connection
with the City of Jacksonville and this Agreement with the VENDOR is for an amount
not to exceed $264,422.33. All services and products to be purchased and work to
be performed shall be done via a purchase order in such form as determined by the
CITY. Nothing herein, however, shall prevent the CITY from seeking a budget
amendment should it require additional sums of money for this Project and a change
in the scope of services. All purchases pursuant to this Agreement shall be done in
accordance with the CITY’S Purchasing and Procurement Manual and procedures
thereto. All purchases shall be evidenced by such approved purchase orders.
AGREEMENT FOR
SPORTS LIGHTING INSTALLATION
THIS AGREEMENT is made this \b* day of kc ember , 2006, by and
between the City of Palm Beach Gardens, a municipal corporation (hereinafter referred to as
the “CITY”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida
33410, and Musco Lighting, LLC (hereinafter referred to as the “VENDOR), whose address
is 950 South Pine Island Road, Suite A-I 50, Plantation, Florida 33324.
WHEREAS, the VENDOR bid on that certain specifications and bid documents for
Park and Playground Equipment, Bid Number SC-0549-03 (hereinafter referred to as
“Project”), issued by the City of Jacksonville; and
WHEREAS, the VENDOR has been deemed to be the responsive bidder, and the
CITY desires to piggyback on the agreement from the VENDOR on the terms and conditions
more particularly described below and as contained in the specifications and bid documents
for Park and Playground Equipment, Bid Number SC-0549-03, and the VENDOR’S response
thereto, all of which are hereinafter incorporated by reference and are referred to as
“Specifications and Bid Documents”; and
WHEREAS, the VENDOR is desirous of entering into the agreement with the CITY
pursuant to the terms and conditions more particularly described herein and pursuant to the
Specifications and Bid Documents.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration of which the parties hereto acknowledge, the parties
agree as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The VENDOR shall perform the services and duties as provided for in the
Specifications and Bid Documents and comply with all of the terms provided for in
the Specifications and Bid Documents.
3. This Agreement term shall be in accordance with the Specifications and Bid
Documents. The contract amount that the CITY is permitted to spend in connection
with the City of Jacksonville and this Agreement with the VENDOR is for an amount
not to exceed $264,422.33. All services and products to be purchased and work to
be performed shall be done via a purchase order in such form as determined by the
CITY. Nothing herein, however, shall prevent the CITY from seeking a budget
amendment should it require additional sums of money for this Project and a change
in the scope of services. All purchases pursuant to this Agreement shall be done in
accordance with the CITY’S Purchasing and Procurement Manual and procedures
thereto. All purchases shall be evidenced by such approved purchase orders.
4. The VENDOR shall provide to the CITY all services, work, and products that are
necessary to fulfill its obligations pursuant to the Project and the Specifications and
Bid Documents. All prices for the items and work herein shall be in accordance with
the VENDOR’S response to the Project and in accordance with the Specifications
and Bid Documents. All purchases shall be evidenced by a purchase order from the
CITY.
5. The VENDOR shall maintain all insurance as is required by the Specifications and
Bid Documents. Prior to commencing any work, performing services, or supplying
products, the VENDOR shall provide to the CITY such insurance coverage that the
CITY has requested in the Specifications and Bid Documents. In addition, the
VENDOR agrees to provide to the CITY such other insurance coverage requested by
the CITY’S Department of Risk Management and with such coverage amounts and
deductibles as is requested by such Department. The CITY shall require the
following insurance with the limits as provided for herein:
General Liability Insurance $500,000
Business Automobile Liability Insurance $500,000
Workers’ Compensation Insurance $1 00,000
In addition, prior to commencing any work or supplying any products pursuant to the
Project or the Specifications and Bid Documents, the VENDOR agrees to provide to
the CITY Payment and Performance Bonds written on such forms that are provided
by the CITY and in such amounts so as to cover and assure the faithful performance
of the VENDOR pursuant to the terms herein and in the Specifications and Bid
Documents. The amount of such bonds and the form of such bonds shall be
determined by the CITY and shall be in conformance with Section 255.05, Florida
Statutes, if applicable.
6. All renewals of this Agreement shall be pursuant to the Specifications and Bid
Documents. This Agreement and any renewals thereto are subject to annual
appropriations by the City of Palm Beach Gardens, and this Agreement is subject to
fiscal funding out by the CITY.
7. The VENDOR agrees, warrants, covenants, and represents that all products, work,
and services that it shall perform pursuant to this Agreement, the Project, and the
Specifications and Bid Documents as it relates to the CITY, including any work done
by its subcontractors or at its direction, shall be free from all defects and done in a
workmanlike manner. The VENDOR warrants the merchantability and fitness of the
products and services as contemplated in this Agreement, the Project, and the
Specifications and Bid Documents. The VENDOR agrees to warrant the products,
work, and services for a period of one (1) year from the date of acceptance of the
work by the CITY or for such warranty period as provided in the Specifications and
Bid Documents, whichever is greater.
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The VENDOR agrees to supply to the CITY adequate personnel to provide timely
completion of all projects and support contemplated by this Agreement and pursuant
to the Project and the Specifications and Bid Documents. The parties hereto agree
that time is of the essence, and the VENDOR agrees to pay such liquidated
damages as are provided for in the Specifications and Bid Documents and as are
determined by the CITY for failure to comply with such timelines as provided for
therein .
The VENDOR 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 VENDOR and
any other persons or entities employed or utilized by the VENDOR in the
performance of this Agreement, the Project, and the Specifications and Bid
Documents as it relates to he CITY.
In performance of its obligations hereunder, the VENDOR agrees to comply with all
applicable laws, rules, regulations, orders, codes, criteria, and standards, whether
local, state, or federal.
The CITY reserves the right to accept the use of a subcontractor or to reject the
selection of a particular subcontractor. If a subcontractor fails to perform as required
by this Agreement and it is necessary to replace the subcontractor in order to provide
services as required, the VENDOR shall promptly do so, subject to acceptance of the
new subcontractor by the CITY.
The parties to this Agreement understand that the CITY is a tax-exempt organization;
nothing herein, however, shall exempt the VENDOR from paying all of its taxes
pursuant to this Agreement.
In addition to any other termination provisions found in the Specifications and Bid
Documents, this Agreement may be terminated by the VENDOR upon thirty (30)
days’ prior written notice to the CITY in the event of substantial failure by the CITY to
perform in accordance with the terms of this Agreement through no fault of the
VENDOR. In addition to any other termination provisions found in the Specifications
and Bid Documents, this Agreement may be terminated by the CITY, with or without
cause, upon thirty (30) days’ written notice to the VENDOR. Unless the VENDOR is
in breach of this Agreement, the VENDOR shall be paid for services and products
rendered to the CITY’S satisfaction up to the date of termination. After receipt of a
termination notice, and except as otherwise directed by the CITY, the VENDOR shall
stop work on the date specified. The VENDOR shall not be entitled to any claim of
loss of profits from a termination by the CITY.
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14. Neither the CITY nor the VENDOR shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the
nonperforming party could not avoid. The term “Uncontrollable Forces” shall mean
any event that results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storms,
lightning, epidemic, war, riots, civil disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if nonperformance is due
to forces which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming party
shall, within a reasonable time of being prevented or delayed from performance by
an uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
15. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida.
16. This Agreement shall not be construed against the party who drafted the same as all
parties to this Agreement have had legal and business experts review the adequacy
of the same.
17. This Agreement is binding upon the parties hereto, their heirs, successors, and
assigns.
18. The VENDOR 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 VENDOR of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event
of a written waiver, such a waiver shall not affect the waiving party’s rights with
respect to any other or further breach. The making or acceptance of a payment by
either party with knowledge of the existence of a default or breach shall not operate
or be construed to operate as a waiver of any subsequent default or breach. Further,
a written waiver in part shall not constitute a waiver of any other part of this
Agreement.
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23.
The invalidity, illegality, unenforceability of any provision of this Agreement, or the
occurrence of any event rending any portion or provision of this Agreement void shall
in no way affect the validity or enforceability of any other portion or provision of this
Agreement. Any void provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and enforced as if this Agreement
did not contain the particular portion or provision held to be void. The parties further
agree to reform this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
The provisions of this section shall not prevent the entire Agreement from being void
should a provision, which is of the essence of this Agreement, be determined to be
void.
The CITY and the VENDOR 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 VENDOR pertaining to this Agreement, whether written or
oral. None of the provisions, terms, and conditions contained in this Agreement may
be added to, modified, superseded, or otherwise altered, except by written
instrument executed by the parties hereto.
This Agreement may not be modified unless such modifications are evidenced in
writing, signed by both the CITY and the VENDOR. Such modifications shall be in
the form of a written amendment executed by both parties.
Any notice, demand, communication, or request required or permitted hereunder
shall be in writing and delivered in person or sent by certified mail, postage prepaid
as follows:
As to the CITY: As to the VENDOR:
City Manager Tim Imhoff, District Sales Manager
City of Palm Beach Gardens Musco Lighting, LLC
10500 N. Military Trail 950 S. Pine Island Road, Suite A-I50
Palm Beach Gardens, FL 3341 0 Plantation, FL 33324
Notices shall be effective when received at the addresses as specified above.
Changes in respective addresses to which such notice is to be directed may be
made from time to time by either party by written notice to the other party. Facsimile
transmission is acceptable notice effective when received; however, facsimile
transmissions received (Le., printed) after 5 p.m. or on weekends or holidays will be
deemed received on the next business day. The original of the notice must
additionally be mailed as required herein.
Nothing contained in this section shall be construed to restrict the transmission of
routine communications between representatives of the VENDOR and the CITY.
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IN WITNESS WHEREOF, the CITY and the VENDOR have executed this Agreement
all as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
(SEAL)
By: J
, City Attorney
WITNESS: VENDOR
(CORPORATE SEAL)
G:\attorney-shareWGREEMENTS\Musco Piggyback Agreement.doc
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AFFIDAVIT
-.
Before me personally appeared \Irn 1who-G on behalf of
UGcn L4 'nh+lra e uc entity. He has personal knowledge of the matters stated in
this Affidavit a$d mal& this Affidavit under penalty of perjury.
1. Tim S~hofc is over the age of 21 years.
with
2. \m zc7y\hof-c has the authority to execute that certain Agreement
the C$ of Palm Beach Gardens entitled5w;rt-s it&h'nc\ _~ns+~.I\\%h& 2ated
otherwise to enter into this AgreemenVContract with the City of Palm Beach Gardens.
T;m fir\hcrff is theDstrrc4 Sol9 5 of said entity.
3. AAUGC 0 Ll'~hSln4 CC C entity and the party executing this Affidavit understand
that material relianceJwiII bellaced on this Affidavit by the City of Palm Beach Gardens.
JA- Ilc, .A005 and said entity has 'taken all "actiod necessary, legal, or
bwqer
DONE THIS \ bfb- DAY OF ~~~p-~~-~ - ,200p $5. ff~
ehalf of said entity named above
The foregoing Affidavit was executed by hhrfi before me this
110- day of kCt?yvlbey w05-and Affiant is personally know to me or has
My Commission expires: 3 . 17 - 0 b
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
I Finance Director
Date Prepared: December 16,2005
Meeting Date: January 19,2006
Resolution 12,2006
SubjecVAgenda Item:
Resolution to approve the purchase of two (2) 2006 Medtec Medium Duty Rescue Units, two
(2) new Ferno PowerFlex stretchers, per the Florida Sheriffs Association, Florida Association
of Counties and Florida Fire Chiefs Association Bid Number (05-06-0823)
[XI Recommendation to APPROVE
I1 Recommendation to DENY
I Reviewed by:
Department Director
City Manager
Robert J. Boniewski
Division Chief
~~~
Advertised:
Date:
Paper:
I[ XI Not Required
Affected parties
[ ] Notified
[XI Not required
Costs: $313,206.00
(To ta I)
$ 320,000.00
Current FY
Funding Source:
[ X ] Operating
Other :
$30,000.00 Trade-in
value for two (2) ten-
year old units.
Budget Acct.#:
$190,000.00 Fleet
fund
(501.3020.539.641 0)
$1 30,000.00 Fire
Rescue General Fund
(001.1 230.522.6410)
Council Action:
[I Approved
[ ]Approved
wl
conditions
[I Denied
[ ] Continued
to:
Attachments:
Resolution 12, 2006
Ten-8 Letter
Bid 05-06-0823
[ ]None
Date Prepared: December 16,2005
Meeting Date: January 19,2006
Resolution 12,2006
BACKGROUND:
The Fire Rescue Department currently has a fleet of seven (7) rescue units. The two (2) new
rescue units will replace two (2) ten-year old units which have become increasingly more
problematic based on age and condition. The cost includes:
Two (2) New 2006 Medtec Medium Duty Rescue Units: $326,418.00
Two (2) New Ferno PowerFlex Stretchers: $1 6,788.00
Trade-in Value for the Two (2) Ten-Year Old Rescue Units: ($30.000.00)
Total Price: $31 3,206.00
This purchase has been approved by the Fleet Committee.
STAFF RECOMMENDATION:
Staff recommends the approval of Resolution 12, 2006 for the purchase of two (2) new 2006
Medtec Medium Duty Rescue Units and two (2) new Ferno PowerFlex Stretchers for the sum
of $313,206.00, which includes a trade-in value of $30,000.00 for the two (2) ten-year old
units, $130,000.00 from the Fire Rescue General Fund (001 .I 230.522.6410), and
$1 90,000.00 from the Fleet Fund (501.3020.539.641 0), using the Florida Fire Chiefs, Florida
Sheriffs Association, and Florida Association of Counties contract.
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RESOLUTION 12,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF
INC. THE SOLE SOURCE VENDOR FOR MEDTEC AMBULANCE IN
THE STATE OF FLORIDA; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO
EFFECTUATE SUCH PURCHASE; AND PROVIDING AN
EFFECTIVE DATE.
TWO (2) 2006 RESCUE UNITS FROM TEN-8 FIRE EQUIPMENT,
WHEREAS, the Palm Beach Gardens Fire Rescue Department is solely
responsible for the delivery of all Fire Rescue services throughout the City; and
WHEREAS, the delivery of effective fire rescue services in the areas throughout
the City requires the reliability of fire rescue apparatus in order to facilitate the delivery
of such services; and
WHEREAS, the City desires to purchase two (2) 2006 Medtec Medium Duty
Rescue Units as described in Exhibit “A,” attached hereto; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback” an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens to
award a contract to Ten-8 Fire Equipment, Inc. the sole source vendor for Medtec
Ambulance, based on an agreement executed by the Florida Fire Chiefs’ Association,
Florida Sheriffs Association and Florida Association of Counties bid #05-06-0823 for the
purchase of two (2) 2006 Medtec Medium Duty Rescue Units; a copy of which is
attached hereto as Exhibit “B.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a contract for the purchase of
two (2) 2006 Medtec Medium Duty Rescue Units from Ten-8 Fire Equipment, Inc. in the
amount of $313,206.00 and authorizes the Mayor and City Clerk to execute an
agreement acceptable to the City Attorney with Ten-8 Fire Equipment, lnc.
Date Prepared: December 16,2005
Date Prepared: December 16,2005
Resolution 12. 2006
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SECTION 3. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COU NCI LM EMB ER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBERBARNETT
AYE NAY ABSENT
---
\\pbgsfile\Attorney\attorney_share\RESOLUTiONS\rescue units purchase from medtec - reso 12 2006.doc
2
Date Prepared: December 16,2005
Resolution 12, 2006
EXHIBIT “A”
2904 59th Ave Dr. E. Bradenton, FI 34203 Phone 800 228 8368 Fa 941 756 2598
December 22,2005
Mr. Arthur (Dino) DeRostaing, Purchasing Agent
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 334 10
Dear Mr. DeRostaing,
Ten-8 Fire Equipment is the sole source vender for Medtec Ambulance in the state of
Florida. We are on the Florida Sheriffs bid #05-06-0823 for the purchase of Type 1
ambulances on a 2006 International 4300LP chassis in all zones.
The price of the truck specified by the fire department is $163,209.00 each. The price
of the vehicle listed on the bid is $109,912.00. The $53,297.00 difference in the cost is
due to the number of options requested (last paragraph on page 30 of sheriffs bid
award allows for the purchase to add options as needed). In addition to the cost of the
truck ($163,209.00), fire rescue has requested the purchase of a stretcher, stair chair
and defibrillator for one truck and a stretcher and stair chair for the second vehicle.
I have attached a copy of the Florida Sheriffs Association bid that pertains to this
purchase.
Please feel fiee to call me if you have any questions (561-371-5952).
Sincerely, x- A-Afzd/-
Sam Brandsma
Sales Representative
Date Prepared: December 16,2005
Resolution 12,2006
EXHIBIT “B”
FLORIDA FIRE CHIEFS' ASSOCIATION,
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
2006 INTERNATIONAL 4300LP
Specification #02
(Type I Ambulance, 4x2 Medium Duty)
The International 4300LP. Type I Ambulance purchased through this contract comes with all the
standard equipment as specified by the manufacturer for this model and FSA's base vehicle
speciflcation(s) requirements which are included and made a part of this contract's vehicle base
price as awarded by manufacturer by specification by zone.
ZONE: AU Zones AU Zones
BASE PRICE. $120,056.00 $13 1,579.00
MANUFACTURER Elite Fire & Safety Equip., Inc. Excellance, Inc.
ZONE: AU Zones All Zones
BASE PRICE $117,445.00 $126,005.00
MANUFACTURER Hall-Mark Fire pparatus, Inc. Quality Emergency Vehicles, Inc.
All Zones
$100,458.00
ZONE: All Zones P
BASE PRICE: $109,912.00
MANUFACTURER Ten-8 Fire Equipment, Inc. Wheeled Coach Industries, Inc.
Purchasers are advised that the above referenced vehicle specification comes equipped as a base
unit only. The Florida Fire Chiefs' Association, Florida Sheriffs Association and Florida Association
of Counties have identifed and equipped the base unit with those specifications and equipment
items required to meet KKK-A-18223, or the most current revision for Type I Ambulance. Since
equipment needs and preferences are going to vary from agency to agency - any additional options
required or changes to the base unit desired by the purchaser shall be made through the manu-
facturer listed.
NOTE An official listing of all add/delete options and their prices should be obtained from the
appropriate vendor.
LEGEND FOR
DELETE/ADD OPTIONS
Every line will require a DOLLAR VALWE
or one of the following abbreviations:
Std. = manufacturer's standard equip. Incl. = included with base specs.
NC = no additional charge
NA - = not applicable to the vehicle
= option not bid by vendor
30 Bid Award Announcement (05-06-0823)
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 16,2005
Meeting Date: January 19,2006
Resolution 13,2006
SubjecIlAgenda Item:
Resolution to approve the purchase of a 2006 Pierce Arrow XT Heavy Duty Rescue
Engine per Lake County Bid 99-1 50.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
Attorn
City
Finance Direct &
Submitted by: m
Peter Bergel, Fire Chief
Department Director
Approved by: @e City Manader
Originating Dept.:
Robert J. Boniewski
Division Chief
Advertised:
Date:
Paper:
[XI Not Required
Affected parties
r-1 Notified
[XI Not required
Costs: $438,394.00 - (Total)
Funding Source:
[ ] Operating
[ X ] Other : Fire Impact
Fees
Budget Acct.#:
(303.1 200.522.6410)
Council Action:
[I Approved
[ ]Approved
Wl
conditions
[I Denied
[ ] Continued
to:
Attachments:
Resolution 13, 2006
Price computation per
Lake County Contract
Copy of Lake County
Contract
#99-150
[ ]None
Date Prepared: December 16,2005
Meeting Date: January 19,2006
Resolution 13,2006
BACKGROUND:
The Fire Rescue Department currently has a fleet of five fire engines. The new fire
engine will be purchased using the Fire Rescue Impact Fee Fund and will be a much
needed addition to the fire rescue fleet. The new fire engine will be assigned to Fire
Station 4 in Mirasol. The present fire engine in use at Fire Station 4 will become an
additional reserve fire apparatus for the department.
FUNDING: This project was originally budgeted at $425,000. Due to recent increases,
costs are higher than originally anticipated. Staff is requesting additional funding from
Fire Impact Fund Reserves be allocated for the increase. Therefore, a budget line item
transfer from Fire Impact Reserves Account 303.1 200.522.9920 to Budget Account
303.1200.522.641 0 is requested as well. Section 2-293, Code of Ordinances,
authorizes the Council to approve this type of budget transfer by resolution.
STAFF RECOMMENDATION:
Staff recommends the approval of Resolution 13, 2006 for the purchase of a new 2006
Pierce Arrow XT Heavy Duty Rescue Engine for the sum of $438,394.00 from the Fire
Rescue Impact Fee Fund 303-1 200-522.641 0, using the Lake County, Florida, Contract
99-1 50.
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RESOLUTION 13,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF A
2006 FIRE ENGINE FROM PIERCE MANUFACTURING, INC.;
APPROVING A BUDGET TRANSFER; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY
TO EFFECTUATE SUCH PURCHASE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Palm Beach Gardens Fire Rescue Department is solely
responsible for the delivery of all fire suppression services throughout the City; and
WHEREAS, the delivery of effective fire suppression operations in the areas
throughout the City requires the reliability of fire apparatus in order to facilitate
firefighting activities; and
WHEREAS, the fire engine at Fire Station 4 requires replacement due to age and
condition in order to better serve the residents of the City; and
WHEREAS, the City desires to purchase a 2006 Fire Engine with the Side Roll
protection option as described in Exhibit “A,” attached hereto; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback” an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens to
award a contract to Pierce Manufacturing, Inc. based on an agreement executed by
Lake County, Florida, Contract 99-150, a copy of which is attached hereto as Exhibit
“B”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a contract for the purchase of
one 2006 Fire Engine from Pierce Manufacturing, Inc. in the amount of $438,394.00
and authorizes the Mayor and City Clerk to execute an agreement acceptable to the
City Attorney with Pierce Manufacturing, Inc.
2
Date Prepared: December 16,2005
Resolution
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SECTION 3. The City Council hereby authorizes a budget line item transfer from
Fire Impact Reserves Account 303.1 200.522.9920 to Budget Account
303.1 200.522.641 0.
SECTION 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COU NCI LM EMB ER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
\\pbgsfile\Attorney\attorney_share\RESOLUTIONS\piggyback - fire engine purchase - reso 13 2006.doc
Date Prepared: December 16,2005
Resolution 13, 2006
EXHIBIT “A”
CITY OF PALM BEACH GARDENS
PRICE COMPUTATION
PER LAKE COUNTY FIRE APPARATUS BID 99-150
Pricing per Pierce Manufacturing Inc. OEM price list as in effect on 08/01/2005 to match
pricing structure as proposed in Lake County Bid 99- 150.
1. Arrow XT Pumper Base Model $ 252,423.00
2. 4% mark-up over base vehicle cost 10,097.00
3. Total of vehicle and equipment options 177,158.00
4. 10% mark-up over vehicle and equipment cost 17,716.00
Sub total $ 457,394 .oo
-Additional discount if order is received prior to January 3 1,2005 (19,000.00)
Total Sale Amount $ 438,394.00
Ten4 Fire Equipment hc.** memo
Date: December 28,2005
To: Arthur “Dino” DeRostaing, CCPB
From: Mark Jones
RE:
City of Palm Beach Gardens
Lake County Fire Apparatus Contract
Attached is the complete Lake County Contract No. 99- 150 which permits Lake
County, FL to purchase various specified and unspecified apparatus per the pricing
structure bid. See attached pages 1 of 9 for conditions attached. This is a multiyear
contract valid through May 2006. The formula is 4% over dealer cost on the base
vehicle and 10% on vehicle options and equipment. We are willing to extend the
same terms and condition per Lake County Bid 99-1 50 to the City of Palm Beach
Gardens.
As indicated by the number of agencies that have accessed this contract, the legality
of this contract has been researched and approved by the legal departments of the
agencies listed.
All handling, transportation, and delivery costs would be included in the base
vehicle cost from Pierce Manufacturing Inc.
Over the term of the contract. The following municipalities have accessed this
contract for various models of Pierce fire apparatus.
Lake County-(9) Contender Pumpers
City of Melbourne-(2) Custom Contender Pumpers
City of Pompano Beach-(3) Custom Contender Pumpers
City of South Walton Beach -105’ Dash 2000 All-Steer Aerial
1
City of Seminole-105’ Dash 2000 All-Steer
City of Destin-105’ Dash 2000 All Steer
N. W. Hernando-Custom Contender Pumper
City of Windemere-Commercial Tanker
Seminole County-Seven (7) Quantum Pumpers
City of Key West- One (1) Dash 2000 Pumper
City of Temple Terrace- Quantum Pumper
City of Bartow- 105’ Dash 2000 Ladder
City of Bradenton-61 ’ SkyBoom Quantum
City of Hialeah-(2) Quantum Pumpers, (1) Lance Haz-Mat Vehicle
City of Eustis - Dash 85’ Platform
Volusia County-(2) Custom Contender Pumpers
Volusia County-Heavy Rescue
City of Melbourne-Custom Conterder Pumpers (2)
Lealman Fire Rescue-Contender Pumper
City of Cape Canaveral-Mini Pumper
City of St. Petersburg-Aerial Platform
City of Cape Coral-(2) Kenworth Pumpers & Dash 2500 gallon Tanker
City of Avon Park- 105 ’ Dash 2000 Ladder
City of Tarpon Springs-Quantum Pumper
Marco Island-Enforcer Pumper
City of Lakeland-(2) Quantum Pumper & 6 1 ’ Quantum Sky-Boom
City of Cocoa Beach-Pumper
Safety Harbor-Dash Aerial Ladder
City of Seminole-Enforcer Pumper
City of Seminole-Dash 105’ Aerial Ladder
2
Holly Hill-Saber Responder Pumper
Casselberry-Enforcer Pumper
Edgewater-Enforcer Rescue
City of Winter Park-Quantum Pumper
Monroe County-(3) Enforcer Pumpers
City of Pinellas Park-(2) Dash Pumpers
City of Lake Worth-Saber Pumper
City of Miramar-(2) Lance Pumpers
City of Spring Hill-Quantum Pumper
Bonita Springs-Quantum Pumper
City of Miami Beach-(2) 55’ Sky-Boom AeriaVPumper
City of Miami Beach-(2) 100’ Aerial Platforms
City of Miarni-(3) 65’ TeleSqurtPumper & (1) Air and Light Vehicle
City of Lake Alfred-Dash Pumper
Mascotte-Custom Contender Pumper
City of Riviera Beach-Custom Contender Pumper
City of North Lauderdale-55’ Saber Sky-Boom
City of Fort Myers-Enforcer Pumper
City of Stuart-Dash Pumper
North Naples Fire & Rescue District-Quantum Pumper
Town of Longboat Key-75” Aerial Ladder
Key Largo- Encore Rescue
Cape Canaveral-105’ Aerial Ladder
Titusville-Custom Contender Pumper
Flagler County-Custom Contender Pumper
City of Cleanvater-(2) Enforcer Pumpers
3
City of Chipley-Saber Pumper
City of Bellair Bluffs-Enforcer Pumper
City of Miami Beach -Dash Pumper
City of Rockledge-Enforcer pumper
Hallandale Beach-Enforcer pumper
Deland-Enforcer pumper
Deltona-Enforcer pumper
City of Cocoa-Enforcer pumper
Fernandina Beach-Lance Pumper
Fernandina Beach-Lance 75’ Ladder
Bay County-Custom Contender
City of Ormond Beach -105’ Ladder Dash
Martin County-Enforcer pumpers (2)
City of Coral Gables-Quantum Pumper
City of Daytona Beach Quantum Pumper
City of Belleair Bluffs-Enforcer Pumper
Hernando County -Tanker
City of Lakeland-Contender Rescues
Monroe County-KW Contender Pumper
Spring Hill-Pierce Quantum Pumper
Volusia County-Encore Rescue
City of Venice-Custom Contender
Fort Myers Shores-KW Contender
4
Alva Fire District-KW Contender
City of Clearwater-Skyarm and Enforcer Pumper
Port Orange-Enforcer Pumper
Bay County,FL (2) Lance Pumpers, HDR
Miramar Fire Rescue-Saber Encore
North Palm Beach-Enforcer Pumper
Tice Fire & Rescue-Enforcer Pumper
Cape Coral-Quantum Pumper & Contender Rescue
Palm Beach Gardens-75’ Ladder
Sebring- 105 ’ Ladder
Winter Park- 100’ Aerial Platform
Flagler County- 105’ Ladder
Ocoee-Enforcer Pumper
City of Miami-(3) Dash Pumper, (1) 100’ Platform
If you should have questions or require further information, please contact us.
Thank You,
Authorized Sales Representative
Lake County bid access justification
5
-Provides access to a bid that allows each department to specify apparatus to meet their
specific requirements. By accessing the Lake County Bid the agency eliminates the
purchase costs of options or features that may not be necessary verses accessing a bid for
a specific product as bid by another qualified State agency.
-Lake County bid provides access to all products
-Provides a specific price point of 4% over dealer cost on the base model and 10% over
dealer cost on options and accessories. Total vehicle price averages 56% over dealer
cost. This margin is the minimum profit level a dealer can operate on and provide an
acceptable level of service on such specialized vehicles. Margin is at or below the
industry average.
-Saves significant costs that would be associated with the preparation and solicitation of
competitive bids on specialized vehicles of this type.
-Expedites the delivery of the product and allows the purchasing agency the ability to
more quickly, install a unit into service, and serve the Citizens of the community.
6
EXHIBIT “9”
1. Mod fication No.: 13
Effe :tive Date: May 22, 2005
5. Contractor-Name and address: I 3. Conlracting Officer: Roseann Johnson, CPPB
2. Contract No.: 99-150
Effective Date: July 19, 1999
Telephone Number: (352) 343-9765 1 Pierce Mfg. Inc
4. Issued By:
Lake County, Florida
IVocurement Services
I-ake County Administration Building
,115 W. Main St., Suite 416
Tavares, Florida 32778-7800
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggus
6. SPECIAL INSTRUCTIQNS: If indicated, contractor is required to sign Block 8 showing acceptance of the below written
nodifkation and return this fprrn to address shown ~n Block 4 wtthin ten (IO) days after receiot, preferably by certified nail to ensure a system of JIQSI~IV~ receipts Retain a photocopy of the signed copy of this modification and attach to
sriginal of contract which was previously provided.
7. DESCRIPTION OF MODIFICATION:
%end contract through May 21, 2006, per special terms and conditions, item 4.
8. Gnntmctsr's Sgnature: R€QUIRED
Name
Title
Dato
10. Distribution:
Orig nal - Bid No. 99-1 50
Copies - Contractor
Public Safety
Contracting Officer
Ten-8 Fire Equipment Inc
9. 1 aks Cnvnty, FMda
By:
Date
MODIFICATION OF CONTRACT
LAKE COUNT7
E
1. Ma ification No.: 12
Effective Date: October 30, 2004
3. Contracting Officer: Roseann Johnson, CPPB
Teltlphone Number: (352) 343-9765
L
4. Issued By:
,ake County, Florida
>rocurement Services
,ake County Administration Building
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
FLORIDA
2. Contract No.: 99-150
Effective Date: July 19, 1999
5. Contractor-Name and address:
Pierce Mfg. Inc
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggus
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing acceptance of the below written
modification and ytcrrrt fhis form to address shown in Block 4 within ten (10) davs afte r receiot preferably by certified mail to ensure a system of pxthve receipts R@faJr a photocopy of the signed copy of this modification and attach to
original of contract which was previously provided.
7. DESCRIPTION OF MODIFICATION:
Contrac price modification to reflect a 5.4 percent manufacturer price increase across all product lines including all
option p .icing.
1
8. Contractor's Signature: Required
Nan le
Title
Datu
10. Xstribution:
Original - Bid No. 99-150
Copi 5s - Contractor Public Safety Contracting Officer Ten-8 Fire Equipment Inc
9. Lake County, Florida
By:
Date
MODIFICATION OF CONTRACT
LAKE COUNTY, FLORIDA
I
1. Modification No.: 11 2. Contract No.: 99-150
Effective Date: May 22, 2004 Effective Date: July 19, 1999 1 I
3. Contracting Officer Roseann Johnson, CPPB 5. Contractor-Name and address:
Telephone Number: (352) 343-9765 Pierce Mfg. Inc
4. Issued By:
Lake County, Florida
Procurement Services
Lake County Administration Building
315 W. Main St., Suite 416
Tavares. Floriia 32778-7800
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggus
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showtn9 acceptance of the below written
modification and return this form to addres s shown in Block 4 w ithin ten 110) davs after receint, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this rnodif~~&~ and attach to
original of contract which was previously provided.
7. DESCRIPTION OF MODIFICATION:
Extend contract through May 21, 2005, per special terms and conditions, item 4.
8. Contractor's Sinature: Name
Title
Date
10. Distribution:
Original - Bid No. 99-1 50
Copies - Contractor
Public Safely Contracting Offker
Terl-8 Fire Equipmen: Ino
9. Lake County, Florida
By:
t .-
MODIFICATION OF CONTRACT
LnkE COUNTY -
1 Modification No
b Effective Date January 1 ~ 2004
Telephane Number 1352) 343 9765
4 IssuedBy
Lake County. Florida
Procllretnent Serulces
Lake County Adrni~is~r~~i~t~ Bvildirrg
315 W Main St ~ Suite 416
favares, Florida 32778.7800
6 SPECIAL INSTRUCTIONS: If indicated, contractor is reqtiired tci sign RInck R showing acceptance of the belaw written
rnodificatiart and return this &rrrr?_o address shown in Block 4 within ten (101 days after re=@, preferably by certified
mail to ensure a system of positive receipts, if necessary (See block 8) Retain a photocopy of tttc srgried copy of lhts
modification a'nd attach to onginal of contract which w~~ly pravided
7 DESCRIPTION OF MODIFICA7'10N
Contract price mdification to reflect a 2 9 percent manufacturer price increase across all product lines including all
option prrong
Ix-*-^- . ELORlDA
2 Contract No 99-150
Effective Date ,luly 19, 1999
5 Contractor-Name and address
Pierce Mfg inc
PO Box 2017
Appleton, WI 54913
Attn Robert Boggus
Roseann Johnson. 10 Distribution
MODIFICATION OF CONTRACT
1 Modification No 9
Efhtive Date: May 19,2003
3 Contracting Officer Roseann Johnson, CPPB
Telephone Number: (352) 343-9765
4. Issued By:
Lake County, Florida
Procurement Setvices
Lake County Adniinatratirsrt Buildtng
315 W Main St Suite 416
Tavares, Florida 32778-7800 --
F L OR I OA
2 Cantract No 99-150
Efrt?ctive Date July 19 1999
5 Contractnr-Name and address
Pierce Mfg. Inc
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggus
8 SPECtAL lNSTRUCflUNS if indicated contractor IS required to sign Bfock 8 showing acceptance of the betow written
modification and return this f@m to address shown in Block 4 wittttii ten (101 days after recetot, preferably by certified
mail to efisure a system of positive receipts Retain a photocopy of the signed copy of this modification and attach to
original of contract which vv~~eviously - provided
7 DESCRIPTION QF MODIFICATION..
Lake County Board of County Coivrnissianers hereby cancels Special Ternis and Conditions, Page 6, the
requtremenls for Performance Bonds, 100% of contract amount.
Agencies, which rimy require perforinanw bonds, shal work with Pierce directly as needed
”~ ”- ---
8. Contractor‘s Signature Required
Name
Title
Date
10. Distribution:
Original - Bid No. 99-1 50
Copies - Contractor
Fire Rescue
Contracting Officer
Risk Managemwit
Ten-8 Fire Equipment Inc
~ ______
9 Lake County, Florida
MODIFICATION OF CONTRACT
1 Modification No 8 2 Contract No 99-150
Effective Date May 22, 2003 Effective Date July 18, 1999
3 Contracting Officer Raseann Johnson. CPPB
Telephone Number (352) 343-9JS5
" ~~"-
5 Contractor-Name and address
L
Prerce Mfg Inc
PO Box 201 7 4 Issued By
Lake County, Florida Appleton, WI ti4913 Procurement Services
Lake County Ad~i~t~l~~~i~~ B~iildiny Attri Robert Boggus 315 W Main St ~ Suite 416
Tames, Florida 32738-7800
SPECIAL INSTRUCTIONS If indicated, contractor is required to sign Block 8 showing acceptance of the below written
modification and &?turn this form ta address shown in Block 4 within tan (10) days after receipt, preferably by certified
mail to ensure a system of positive receipts Retain a photocopy of the signed copy of this modification and attach to
original of contract which was previously provided
6
7 DESCRIPTION OF ~~~I~~~ATI~N
Extend contract through May 2 1, 2004 per spectat terms and coriditions, item 4
_I
8 Contractor's Sly nature Not applicable
Name
Title
Uafe
10 Otstribulion
Orrginal - Bid No 99-150 Copies - Contractor
Fire Rescue Contracting Officer Risk Management
Ten-R Fire Er~t~~p,rnerst Inc
9 Lake County. Florida
i Prociirernent Services Director
MODIFICATION OF CONTRACT
LAKE: COUNTY,
flame
Title
9. Lakc County, Florida
By:
LAKE COUNTY, FLORIDA
1. Modification NO.: 6 2. Contract No.: 99-150
Pierce Mfg. Inc
4. Issued By:
Lake County, Florida
Procurement Services
Lake County Administration Building
315 W. Main St., Suite 416
TavareB, Florida 32778-7800
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggue
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and return this form to add res8 shown
eystem of positive receipts.
modification and attach to original of contract which was previously provided.
ck 4 WiW ten (10) davwer receim. preferably by certified mail to ensure a
Retain a photocopy of the signed copy of this
7. DESCRIBTION b~ MODIFICATION:
m: Pierce Mfg. Co. will sell under the same terms and conditions, for the same
price, to other governmental/public agencies in the State of Florida.
m: Contract will hereby be modified to include a 'A percent (-005) administrative
fee charged to any entity accessing the contract.
m: This Contract is effective from May 21, 2002 through May 20, 2003 except the
County reservea the right to terminate this Contract immediately for cause and/or lack
of funds with thirty (30) days written notice for the convenience of the County. This
contract also provides for four additional twelve (12) month renewals at the County's
sole option at the tenna noted in the Bid.
8. Contractor's Signature:
Name
Title
Date
Original - Bid No. 99-150
Copies - Contractor
Fire Resaue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
9. Lake County, Florida
By :
QM
Procurement Sykvices Director
LAKE! COUNTY. FLORIDA
1. Modification No.: 5 1 2. Contract No.: 99-150 - Effective Date: January 1, 2002 Effective Date: July 19, 1999
3. Contracting Officer: Roseann Johnson, CPPB
Telephone Number: (352) 343-9765
5. Contractor-Name and address:
Pierce Mfg. Inc
PO Box 2017 4. Issued By:
Lake County, Florida
Procurement Services Appleton, WI 54913 Lake County Administration Building
315 W. Main St., Suite 416
Tavares, Florida 32778-7800 Attn: Robert Boggus
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and retu rn this fo rm to address shown in
ensure a system of positive receipts. Retain a photocopy of the signed copy of
Block 4 within ten (101 dave af ter recc ipt, preferably by certified mail to
this modification and attach to original of contract which was previously provided.
7. DESCRIPTION OF MODIFICATION:
Contract price modification to reflect a three (3) percent manufacturer price increase
across all product lines including all option pricing.
8. Contractor's Signature: Not Applicable
Name
Title
Date
Original - Bid No. 99-150
Copies - Contractor
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
9. Lake County, Florida
By :
Procurement Services Director
MODIFICATION OF CONTRACT
LAKE COUNTY FLORIDA
1. Modification No.: 4 2. Contract No.: 99-150
Effective Date: August 1,2001 I Effective Date: July 22, 1999
3. Contracting Officer: Roseann Johnson, CPPB 5. Contractor-Name and address:
Telephone Number: (352) 343-9765 Pierce Mfg. Inc
PO Box 201 7 4. issued By:
Lake County, Florida Appleton, WI 54913 Procurement Services
Lake County Administration Building Attn: Robert Boggus 315 W. Main St., Suite 416
Tavares, Florida 32778-7800
SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing acceptance of the below written
modification and return this form to address shown in Bkxk 4 within ten (10) davs after receipt, preferably by certified
mail to ensure a system of positive receipts, Retain a photocopy of the signed copy of this modification and attach to
original of contract which was previously provided.
6.
~ ~ ~
7. DESCRIPTION OF MODIFICATION:
Extend contract through July 31,2002, per special terms and conditions, item 4.
8. Contractor's Signature: Not applicable
Name
Title
Date
10. Distribution:
Original - Bid No. 99-1 50
Copies - Contractor
Fire Rescue
Contracting Officer (2)
Risk Management
Ten-8 Fire Equipment Inc
9. Lake County, Florida
By:
Procurement Services Director
Date
MODIFICATION OF CONTRACT
~ ~~
1. Modification No.: 3
Effective Date: November 15, 2000
2. Contract No.: 99-150
Effective Date: July 19, 1999 I I
3. Contracting Officer: Roseann Johnson, CPPB
Telephone Number: (352) 343-9765
d 5. Contractor-Name and addrees:
Pierce Mfg. Inc
PO Box 2017
4. Issued By:
Lake County, Florida Appleton, WI 54913
Procurement Services
Lake County Administration Building
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
I Attn: Robert Boggus
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and return this fm to
preferably by certified mail to
ensure a system of positive receipts. Retain a photocopy of the signed copy of
this modification and attach to original of contract which was previously provided.
in
~
7. DESCRIPTION OF MODIFICATION:
Contract price modification to reflect a three (3) percent manufacturer price increase
across all product lines including all option pricing.
8. Contractor's Signature: Not Applicable
Name
Title
Date
Original - Bid No. 99-150
Copies - Contractor
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc
9. Lake County, Florida
By :
Procurement Services Director
I
Date
MODIFICATION OF CONTRACT
LAKE COUNTY, FLORIDA
1. Modification No.: 2 2. Contract No.: 99-150
Effective Date: January 15, 2000 Effective Date: July 19, 1999
I I
3. Contracting Officer: Roseann Johnson, CPPB 5. Contractor-Name and address:
Telephone Number: (352) 343-9765
Pierce Mfg. Inc
4. Issued By:
Lake County, Florida
Procurement Services
Lake county Administration Building
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggus
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and to am
ck 4 ~wlthln ten (10-w after ret- preferably by certified mail to
ensure a system of positive receipts. Retain a photocopy of the signed copy of
this modification and attach to original of contract which was previously provided.
.I
7. DESCRIPTION OF MODIFICATION:
Contract price modification to reflect a two (2) percent manufacturer price increase
across all product including all option pricing.
8. Contractor’s Signature: Not Applicable
Name
Title
Date
J Original - Bid No. 99-150
Copies - Contractor
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
9. Lake County, Florida
By :
Procurement Services Director
Date
MODIFICATION OF CONTR
Effective Date: August 1,2000 1 I I
3. Contracting Officer: Roseann Johnson, CPPB 5. Con1
Telephone Number: (352) 343-9765 Pierc
I PO E
4. Issued By:
Lake County, Florida
Procurement Services
Lake County Administration Building
315 W. Main St., Suite 416
SPECIAL INSTRUCTIONS: If indicated, contractor is required to sig
modification and return this form to address shown in Block 4 with
certified mail to ensure a system of positive receipts. Retain a I
and attach to original of contract which was previously provided.
Attn: I
6. ..
7. DESCRIPTION OF MODIFICATION:
Extend contract through July 31, 2001, per special terms and condil
performance bond per special terms and conditions, item 27.
8. Contractor's Signature: Not applicable
Name
Title
Date
L.,
\
10. Distribution:
Original - Bid No. 99-150
Copies - Contractor J Fire Rescue
Contracting Officer (2)
Risk Management
9. Lak
By:
I
Pro
!
-
:T
Ct NO.: 99-150
e Date: July 22, 1999
ctor-Name and address: I
Mfg. Inc
t 2017
n,WI 54913
ibert Boggus
Block 8 showing acceptance of the below written
otocopy of the signed copy of this modification
s after receiDt preferably by
I ns, item 4, pending an adjustment to I
County, Florida
i irement Services Director
.
Lake County
Florida
CONTRACl
FOR GOODS
LAKE COUNTY, FLORIDA, a political subdivision of the state of Flor
its Board of County Commissioners (hereinafter "County") does herc
any, the bid of Pierce Manufacturing, Inc. (hereinafter "Contractor")
pursuant to County Bid number 99-1 50 (hereinafter "Bid"), addendu
and Contractor's June 21, 1999 Bid response thereto with all Couni
A copy of the Contractor's signed Bid is attached hereto and incorpl
this Contract except that any items not awarded have been struck t
any) are attached hereto and are also made a part of this Contract.
Attachments: None
No financial obligation shall accrue against the County until Contrac
of the County Procurement Services Director.
Contractor shall submit the documents hereinafter listed prior to cor
performance surety bond and labor and materials payment bond sat1
hundred percent (100%) of the estimated contract amount. The bo
the estimated dollar amount of purchases for that year.
County's Procurement Services Director shall be the sole judge
Contract, and upon any breach thereof, shall, at his or her option, d8
any loss or damage by reason of such breach, whether this Contrac
and their surety for any required bond shall be liable.
This Contract is effective from July 22, 1999 through July 31, 200
terminate this Contract immediately for cause and/or lack of funds 5
the convenience of the County. This Contract provides for four (4) i
the County's sole option at the terms noted in the Bid.
Any and all modifications to this Contract must be in writing signed
Director.
I Date:
Distribution: Original-Bid File J
Copy-Contractor
Copy-Contracting Officer (2)
Fiscal and Administrative Services
Procurement Services Division
315 W. Main, Sui
P.O. Box 7800
Tavares, Florida 327
NO. 99-150
ND SERVICES
la, its successors and assigns through
,y accept, with noted modifications, if
o supply Fire Apparatus to the County
1s no. 1, opening date of June 23, 1999
' Bid provisions governing.
.ated herein, thus making it a part of
rough. The attachments noted below (if
)r shall make delivery pursuant to order
mencement of this Contract: A contract
factory to the County equal to one
1 must be adjusted annually to cover
s to the fact of the fulfillment of this
:lare this contract terminated, and for
is terminated or not, said Contractor
except the County reserves the right to
id with thirty (30) day written notice for
lditional twelve (12) month renewals at
iy the County's Procurement Services
LAKE CQUNTY, FLORIDA
-
Procurement Services Director
' 416 (352) 343-9839
(352) 343-9473 (Fax)
1-7800
PROCUREMENT SERVICES
31s W. MAIN STREET
REPLY TO PO BOX 7800
TAVARES. FLORIDA 32778-7800
June 8, 1999 1
FIRE APPARATUS
BID REQUEST NO. 99-1
ADDENDUM tl
352-343-9839
SUNCOM 659- 1839
FAX 343-9473
Information listed on this Addendum #l amends and clarifies Bid# 99-1 60 and should be signed and returned with your
bid submittal.
1 .I What is the County’s normal payment cycle for goods and servic s received? .i
Specifications, Page 1, Paragraph 6: Delete last two sentences an add ‘Apparatus bodies constructed of d 2.
materials other than aluminum will not be acceptable”.
3. Can StWl subframes be bid? are .I ~
5. Specifications, Page 7, Paragraph 3: Delete the first sentence.
support the 200 feet of 1 3/4” double jacket fire hose noted.
parts and service for a minimum of one (1) yew.
Roseann Johnson, Contracting Officer
Vendor Name:
’ Typed or printed name of bi
DmNCrONK DISlNCT’Iwo DWIWCI‘THIIEE
RHONDA H. GERBER ROBERT A. POOLE RICHARD SWART2
MsTlltcTFoull
CATHERME C. HANSON
Dmmmre
WELTON G. CADWEL.
INVITATION TO BID
ARE APPARATUS
BID REQUEST NUMBER: 99-160
BID OPENING DATE: June 23,1999
BID OPENING TIME: 3:OO P.M.
SUBMISSION PLACE: e Lake County Procurement Services
315 W. Main Street, Room 416
P 0 Box 7800
Tavares, FL 32778-7800
Requests for information regarding this Invitation should be directed to:
Roseann Johnson, CPPB, Contracting Officer
Lake County Procurement Services
316 W. Main Street, Room 416
P 0 Box 7800
Tavares, FL 32778-7800
SEALED BIDS SHALL BE RECEIVED PRIOR TO THE TIME AND DATE SPECIFIED ABOVE. TIME SHALL
BE DEFINED AS THE PREVAILING LOCAL TIME AT THE SITE OF THE BID OPENING. BIDS RECEIVED
AFTER SAID TIME AND DATE SHALL NOT BE CONSIDERED.
Fiscal & Administrative Senrices 316 W. Main Street, Room 416 Phone (3621-343-9839
Rocuromont Services Division P 0 Box 7800
Tavares, FL 32778-07800
Fax (382) 343-9473
2.
3.
4.
5.
6.
e. 8.
9.
10. w: At the time and date specified, Procurement Services will publicly open and read aloud all duly submitted bids. ers and the, eneral public are encouraged to attend the bid opening. Such readin shall not be construed as meaning the apparent low bi!der has met all requirements andlor specifications set orth in the bidl documents.
11. Bids received after the deadline designated in this bid document shall he option of Procurement Services.
Bids may be withdrawn or modified prior to the bid opening. All such transactions must be submitted in writin and received by Procurement Services prior to the bid opening. Procurement Services reserves the right to require proper identitcation of any patty that submits such a transaction.
: A!I bids submitted shall be binding upon the bidder if acce ted. by the County within sixty (60). calendar days 12* -opening unless the bidder, in concurrence with Procurement 8ervices, agrees to an extension of time.
1 3. NEW: Unless o?herwise specif!ed, all goods offered by a bidder shall be new, unused, of recent manufacture, first clsss respect, and suitable for their intended purpose. All goods shall be assembled, fully serviced and ready for operation in eve when %livered.
: When brand or trade names are used in the bid invitation, it is for the purpose of item identification and to 14' mards for quality, style and features. 9ds on equivalentitems of substantiallythe same quality, .style and features are invited unless items are marked "No Subs!itute. All equivalent bids, regardless of whether brand or trade names are used in the bid invitation, must be accompanied b descriptive .literature andlor s ecifications to receive consideration. Demonstrations and/or samples may be required andlshall be supplied at no charge to tle County. The County reserves the right to determine if bid goods are equivalent to specified goods.
: Goods or services furnished as a result of this bid shall be covered by the most favorable commercial warranties. ' 5- mr implied, that the bidder and/or manufacturer gives to any customer. The riqhtr and remedies provided herein are in addition to and do not limit any rights afforded to the County by any other clause of this bid. the County reserves the right to request from bidders a separate manufacturer certification of all statements made in the resDonse.
F.O.B. Destination and all freiqht charges shall be included in be securely 8ckaged. All shipping containers shall ba suitable commerciafpackaging.
17. 7-m: Bidder shall indicate a11 discounts for full and/or prompt payment. Such discounts, however, rhal! not be cons or as a cost factor in the determination of award. Bidders are encouraged.to reflect cash dtscounts in the unit pnces quoted. Discounts offered shall be computed from date of receipt of correct invoice or receipt and acceptance of products.
STANDARD TERMS ANDCONDmONS PAQE 1 OF 3
STANDARD TERMS AND CONDITIONS LAKE COUNTY, FLORIDA 9' The following terms and conditions includiy the attached Special Terms end Conditions shall prevail unless otherwise mo I ed by Lake County within this bid document. eke County reserves the noht to reject any bid which takes exception to these terms and condition&
P:
a. The term "bid request" means a solicitation of a formal sealed bid.
b. The term "bid" means the price offered by the bidder.
c. The term "bidder" means the offerer or vendor.
d. The term 'contractor' means a bidder that is awarded a County contract as a result of this bid request.
e. The term "County" means Lake County, Florida.
f. The term "8oard of County Commissioners" or "BCC" means the governing body of Lake County, Florida.
* Bids must ba submitted POIy on the forms provided in this bid document. Copies of the forms provided are pewritten. Any
andlor erasurps must be initialed and dated by the bidder. Each bid sheet must be signedTy an authorized not accepta e and shall not receive consideration. All information must be legible and either written in ink or
bidder and all required information must be provided.
* Each bid must be securely sealed and submitted in a bidder supplied opaque
enve ope to provi e% enpa nv o t e /d information prior to the bid openi? Supportin documents and/or descriptive mubmittmn a separate sealed envelope marked bterature for Sid @&u&.@." Do not indicate bid prices on literature.
All bids and supporting bid documents become public information after the bid openin and are available for inspection by the general public in accordance with the Florida Public Bid Disclosure Act, Section 21 8.80, Florida Statutes.
: The submitted bid envelope must be clearly and prominently marked in its lower left-hand corner ng with the bid opening date and time. Failure to mark bid envelopes as.required is cause for bid rejection as the County will not consider bids improperly marked that are inadvertently opened as routine correspondence prior to the time and date set for the bid opening.
: Each bid is public1.y opened and is made part of the ublic record of the County. Therefore, it is necessary frmatton presented is accurate and will be that by wkch the b!dder will complete the contract. If there is a discrepancy between the unit price and extended total, the unit pnce will prevail.
-BIDS: Conditional bids are subject to rejection in whole, or in part, at the sole discretion of the County.
All chenges in connection with this bid will be issued by PFocurement Services in the form of a written addendum. igne ac nowledgment of receipt of each addendum must be submitted with the bid.
Bids are to be sealed and submitted !o Procurement Services, P.O. Box 7800.31 5 W. Mein, Room 41 6, 8-7800, prior tothe date and time indicated on the cover sheet. Submit one onginal and one copy of the al or facsimile bids shall not be considered.
whichever is later.
: The County and its offices are exem t from Federal Excise Taxes and all sales taxes. Situs of all transactions =errs] that shall be derived from this bitrequest shall be deemed to have been accomplished within the State of flonda.
: Bids will be analyzed and the award made to the lowest and best, responsive and the specifications and whose bid is considered to be the best value in the opinion
The County reserves the right to reject any or all bids and any part of a bid; to waive informalities, technical defects and minor irregularities in bids received; and to award the bid on an item by item basis, by specified groups of items or to consider bids submitted on an "all or nothing" basis if the bid is clearly designated as such or when it is determined to be in the best interest of the County.
The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon the issuance by the County of a purchase order or other contractual document.
days after County notification to enter into contract, any but prior to contracting. If any successful bidder fails to to that bidder may be withdrawn and award made to the
: The successful bjdder(s! shall not assign, transfer, convey or otherwise dispose of any contractua rig ts e ve rom t is re uest or its right, title or interest in or to the same, or any part thereof, without the >ervices and any sureties with an interest in the contract.
: No aubtitutiops will be accept* by the County for goods bid, after award, without the prior approval of - ocurement ervices. Any substitutions allowed will be supplied at no more than the contract bid pnces.
: The contractor shall not be liable for delay of shipment or failure to deliver when such delay or failure-is the % resu t o ire, lood, strike, .act .of God, act of government, act of an alien enemy or by any other circumstances which, in Procurement Services's opinion, is beyond the control of the contractor. Under such crcumatances, however, the County may cancel the contract if such action is deemed to be in the best interest of the County.
: Goods shipped as a result of the award of this bid request will be received by the County ordering Acceptance of any shipment shall deemed accomplished when it passes the County's and conformance to product specification. Final ins ection shall be concimtve except as gross mistakes as amount to fraud. Until delivery an8acceptance. and after any rejection, unless the loss results from negligence on the part of the County.
: The County has no obligation to accept damaged shipments and reserves the right to return, at t e contractor s expense, amaged goods even though the dama e was not apparent or discovered until after receipt xctor znsible to notif the County Office o! Purchasing of any late or delayed shipments. The County resewes the right to cancel all or any part 01 an order if the shipment is not made as offered.
1IyvOlCC: Invoices shall be prepared and submitted in duplicate to address shown on the purchsse order. Separate invoices are required for each purchase order, Invoices shell contain the following information: purchase order number, contract number, item number, description of sup lies or services, sizes, unit of measure, quantity, unit price and extended totals. Payment of invoices shell be governed b tle Florida Prompt Payment Act, Sections 21 8.70 through 21 8.79, Florida Statutes. Time of payment shall be computed kom receipt of a correct invoice or the date of the County's receipt and acceptance of the bid goods, whichever is later. The County will not entertain offers that require prepayment.
for a manufacturer, supplier, or distributor to supply an MSDS as require y wit t e-first shipment .'f hazardous material. Also, at any time the content of an MSDS is vde new information relevant to the specific material.
All goods and work within the scope of this request shall be completed by the contractor to all app ica e prevai ing co os and regulations.
* All practices and goods furnished as a result of this re uest shall comply with the federal Occupational Safety and met, as well as any pertinent federal, state andlor local sa?ety or environmental codes.
SHI
: It is mandato
19.
20.
21.
22.
23.
24.
@25-
26.
27.
28.
29.
30. OF UABILIIy: The County, or any of its offices, will not hold harmless or indemnify any bidder for any liability
31. * The contractoraqreer for good and valuable considerationin the amount of ten dolla.rs (810.00) to rotect, -and hold the BCC, its officers, employees and agents free and harmlesr !ram and against any and alflosses, penalties, damages, settlements, costs, charges, professional fees. or other expnses or Iiabi!ities of every kind and character ansing out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and chsracter in connection with or arising directly or indirectly out of the error, omission or negligent act of the contractor. Without limiting the generality of the foregoing, an and all such claims, etc.. relating to personal injury, infringement of any patent, trademark, copyright (or application for any tiereof) or of any other tangible or intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative order, rule or r ulation, or decree of any court, shall be included in the indemnity hereunder. The contractor further agrees to investigate, ha%e, respond to, provide defense for and defend any such claims, etc., at hisher sole expense and agrees to bear all other costs and expenses related thereto. even if such claim is groundless, false or fraudulent.
32. C_OUUSIM: The bidder certifies, by submission of a bid, that their bid is made without any previous understanding, agreement or connection.with any person, firm or corporation making a bid for the same prgucts with prior knowl+ e of competitive prices, and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. Any evt&nce of collusion among bidders and prospective bidders actin to illegally restrain freedom of competition by agreement to offer a fixed price, or otherwise, will render the bids of such bickers void.
Ordinance. All em:%!#!% their bid the name of any off/cor, director, or agent who is alsp an employee of Lskekunty. Further, all bidders must disclose the name of any County employee who owns, directly or indirectly, any interest in the bidder's firm or any of its branches.
33. : The award hereunder is sub'ect to provisions of Florida State Statutes and Coun
STANDARD TERMS ANDCONDmONS PAQE 3 Of 3
- 34. : "A person or affiliate who has beun.placed on the convicted vendor list following a conviction of a
pu c ent cnmes ma not submit a bid on a contract to provide any oods service to a public entity, may not submit a bid -ic entity for the construction or repair of a pub! c bwlding 01 public work, may not submit hdr on hs
of mal propew to a puMk e ma not be awarded or erform work as a contractor, 8u tier, subcontractor or consuStmt
CATEQORY TWO for a penod of 36 months from the date of being placed on the convicted vendor list." under 41 contract with any puM Tr c ent ty in excess of the tgreshdd amount provided In Rosa Statutes, section 287.01 7 for
: All contractual agreements shall be subject to, governed by, and construed according to the laws of the 36* -
36. m: Venue for any legal action resulting from this bid request shall lie in Lake County, Fiorida.
37. No bidder on this request shall in any way, directly or indirectly, discriminate againat my r, handicap, sex, national origin, or religious creed. gat04123
BID REQUEST NO. 99-1 60
SPECIAL TERMS AND CONMnONS
PA- 1 OF 9
SPECIAL TERMS AND CONDITIONS
1. lNTFNT OF BLp: It is the intention of this bid request for the County to enter into contract
with a single bidder for: (11 an initial purchase of the specific fire apparatus specified on the
bid sheet and, (2) to provide for an indefinite quantity contract with the awarded bidder for
future purchases of various hereto specified and unspecified fire apparatus. The resulting ,
contract shall guarantee the construction and delivery to the County any additional fire
apparatus as may be required by the County throughout the initial contract term and any
subsequent contract renewal periods.
2. G FOR THISBID RFQUEST AND SUBSE(1UFNT CONTRACT: Bidders shall price the
specific fire apparatus specified (Bid Sheet, page 1 of 4, Item No. 1) using the pricing
structure bid stated on Bid Sheets 1 and 2.
Bidders must submit with their bid response sufficient information for the County to verify
that the bid prices offered for the required fire apparatus have been calculated using the
pricing structure on the Bid Sheet.
Throughout the term of any contract awarded as a result of the Bid Request, the price
structure provided on Bid Sheets 1 and 2 by the successful bidder will be utilized by the
County to price any vehicles purchased against the contract.
Within the contract period, the County reserves the right to verify prices by examination of
dealer or distributor's invoices and to evaluate all proposed purchases with respect to
reasonableness of price. The County may reject any proposal made by the contractor in
favor or renegotiation or bidding.
3. CONTRACT PFRIOD; Any contract derived from this request shall be effective for the
approximate twelve (1 2) month period immediately following the date of award.
4. OPTIONTONTRACT; The County reserves the sole right to renew said contract
for four (4) additional twelve (1 2) month periods at the same pricing structure,
specifications, and terms and conditions of any contract derived from this bid request.
5. TFD QUANTITIFS; Any contract entered into will be of the "open end" type. The
contractor will deliver such quantities as may be ordered, and the contract shall be binding
only for the actual quantities ordered during the contract period. Orders will be issued
throughout the contract period as needs are determined.
The quantities indicated on the bid sheet are the apparatus that will be ordered initially with
award of this bid request.
fiscal year 2000 and six (6) additional apparatus in fiscal year 2001.
The County anticipates ordering six (6) additional apparatus in
6. CONTRACT PRICING: The set pricing structure bid (percentage above bidder's dealer net
cost for vehicles, equipment options and vehicle accessories and percentage discounts from
identified price lists for cab and chassis parts and body parts) shall remain firm throughout
the original contract period for apparatus and for any subsequent contract renewal periods
SPECIA
BID REQUEST NO. 0-160
TERMS AND CONDmONS
PAQE 2 OF 8 e
7.
8.
9.
10.
although the County's purchase net prices may increase or decrease.
CONTRACT PRICING MODIFICAUQhLS; If the price paid by the contractor (successful
bidder) to the manufacturer is either increased or decreased after the contract date, the
corresponding contract unit prices may be adjusted according to the following procedures.
A. Price increases
1. Any requests for price increases must be in writing and must be directed to
Procurement Services Contracting Officer (hereinafter Officer) responsible for
the contract. Requests must fully document the rationale for such increases
and include a copy of the manufacturer's notification to the contractor of
same. The increase must apply to all dealers of the same class as the
contractor. Contractor originated increases shall not be allowed.
2. No modification incorporating an increase in contract prices will be executed
pursuant to this section until the requested increase in the prevailing contract
prices has been verified and approved by the applicable Officer.
3. Any approved increased contract prices will be effective on the effective date
of the increase in the applicable manufacturer's price if the contractor's
written request is received by the Officer within ten (10) days thereafter, but if
not, the effective date of the increased prices will be the date of receipt and
verification by the Officer of such request.
4. Once issued under terms of the contract, a County purchase order is not
subject to price escalation regardless of whether the date of delivery on the
purchase order is before or after the effective date of the increased contract
prices.
B. Price Dfw~asm
The contractor shall promptly notify the Officer as to the amount and effective date
of each decrease in any applicable manufacturer's price, and each corresponding
contract, unit price will be decreased by the same percentage. Such decrease will
apply to items delivered on and after the effective date of the decrease in the
manufacturer's established price and the contract will be modified accordingly.
ADDlTlONAl GOODS; Goods not specifically identified in this bid request may be added to
any resultant contract upon mutual consent of the contracting parties.
I IVFRY DATE; Delivery dates shall be negotiated annually. When quoting a delivery
date, bidder shall state time in days from the receipt of a County purchase order or contract,
not time in days from the date of the bid opening.
The contractor will make every attempt to supply the awarded
equipment within the time frame(s1 requested on each order. Failure to supply may be cause-
in-need for the County to procure in the open market equipment meeting or similar to those
specified in the contract. The contractor shall be liable for liquidated damages for delay or
nonperformance in the amount of $ 75.00 per calendar day from date set for cure until either
the County reasonably obtains similar equipment if the contractor is terminated for default, or
until the contractor supplies the equipment if the contractor is not terminated for default.
BID REQUEST NO. 99-1 50
SPECIAL TERMS AND CONDITIONS
PAOE 3 OF 9
; The contract that will be derived from this bid request shall not 0 11. SUBlFlTlNGOFCmCT
be sublet except with the written consent of the Procurement Services Director. No such
consent shall be construed as making the County a party to such subcontract or subjecting
the County to liability of any kind to any subcontractor. No subcontract shall under any
circumstances relieve the contractor of liability and obligation under this contract and all
transactions with the County acting through its Procurement Services Director must be
through the general contractor.
Bidders shall submit with their bid a list of any and all subcontractors that will be used on
these jobs with the percentage and types of work to be done by all parties.
12. CONFORMAJYCF TESTlU - The County reserves the right to test all equipment delivered
during the life of the proposed contract, at an independent laboratory, to be designated by the
Procurement Services Director. If sample tested is not equal or does not conform to the
specification, the expense of making such tests shall be paid by the contractor and the
County reserves the right to purchase parts elsewhere. At the County's option, the
contractor will remove parts from equipment and replace, at no charge, with parts meeting
specifications and pay for any equipment damages caused by the inferior part. If, however,
the test shows the sample to be equal to or conform to the specifications, the county shall
bear the expense of the test. Supply of inferior parts by the contractor(s) may be cause for
cancellation of the contractor's contract.
13. COMPOSITE. a The successful bidder shall submit to Procurement Services a composite report
of contract purchases or copies of invoices issued during the contract period. Same shall be
submitted sixty (60) days prior to end of initial contract period and sixty (60) days prior to
expiration of any subsequent renewal periods.
14. US.- * The equipment shall be built for the U.S. Market and sold by a factory
authorized dealer.
15. SEBylCE. PARTS, AND OPERATORS PAMPHI FTS, - The delivered apparatus shall include at
least two sets of keys for each vehicle and three (3) copies of service, illustrated parts (parts
description to be of the expanded drawing type showing all component parts and one (1 1 first
level video training tape for the chassis and pump), and operator's manuals. Include tools and
equipment necessary for normal field adjustment. A permanent plate must be mounted in the
driver's compartment which specifies the quantity and type of fluids required including engine
oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle.
16. QPFRATOR TR- * The contractor shall provide operator training sufficient to ensure
efficient operation of bid product(s). This shall be provided at no charge by the contractor.
17. PARTS AND SERVICF * Bidders must furnish with the bid a statement identifying where parts
and service for the bid equipment are available to the County.
18. -DOCUMENTS. The contractor shall deliver all necessary papers required for
licensing the bid equipment to Lake County Fire 81 Rescue Maintenance Facility, 25208
Kirkwood Avenue, Astatula, Florida 34708. Vehicles shall be titled:
Board of County Commissioners
Lake County, Florida
BID REQUEST NO. 09-160
SPECIAL TERMS AN0 CONOrnS
PAQE 4 OF 9
P.O. Box 7800
315 W. Main, Room 429
Tavares, Florida 32778-7800
Bid prices will include the cost of vehicle titles. Titling procedures will be in accordance with
the rules and regulations of the Department of Highway Safety and Motor Vehicles which
requires the contractor to obtain title for the purchaser.
Units will be delivered with each of the following documents completed:
A.
B.
C.
D.
E.
F.
G.
H.
Statement of Origin
Warranty Certificates (including rustproofing warranty)
Copy of Pre-Delivery service report
Window Price sticker affixed
Copy of manufacturers invoice to dealer, price may be deleted
DHSMV 82040, application for certification of title and/or vehicle registration
Check for title
Temporary tag and 20 day extension tag
19. ACTIVELYNUFACTUW : Only apparatus proposed from companies which
are actively engaged in manufacturing apparatus comparable to that specified herein will be
considered.
20. SEBYlCE FACILITIES: Bidder shall maintain a service facility within seventy-five (75) miles of
the County for the repair and service of the apparatus. Evidence of such a facility shall be
included in bidder’s submittal.
2 1. WINTFNANCF AGRF- - A maintenance agreement shall be available to the County
after the expiration of the apparatus warranty period. Bidder shall submit a copy of the
proposed maintenance agreement with their submittal.
22. pWVFRY ; Apparatus, to insure proper break in of all components while still under warranty,
shall be delivered under its own power. Rail or truck freight is not acceptable. A qualified
delivery engineer representing the bidder shall deliver the apparatus and remain for a length of
time sufficient to thoroughly instruct required personnel in the proper operation, care and
maintenance of the equipment delivered.
23. FACTORY DFI AYS: Factory scheduling delays must be reported to the County within twenty-
four (24) hours of your notification.
PERFORMNCE TESTS ANII RFQUlREMENTS : A road test will be conducted with the
apparatus fully loaded and a continuous run of ten (1 0) miles or more will be made under all
driving conditions, during which time the apparatus shall show no loss of power or
overheating. The transmission drive shaft or shafts, and rear axles shall run quietly and be
free from abnormal vibration or noise throughout the operating range of the apparatus.
Vehicle shall adhere to the following parameters:
24.
A. The front to rear weight distribution of the fully loaded vehicle (as defined by applicable
NFPA guidelines) shall be within the limits set by the chassis manufacturer. The front axle
load shall not be less than the minimum axle loads specified by the chassis manufacturer,
0
25.
26.
27.
BID REQUEST NO. BSlW
SPEClAL TERMS AND CONDITIONS
PAOE 6 of 9
under full load and all other loading conditions.
B. The apparatus must be capable of accelerating to 35 mph from a standing start within 25
seconds on a level concrete highway without exceeding the maximum governed rpm of the
engine.
C. The service brakes shall be capable for stopping the fully loaded vehicle in 35 feet at 20
mph on level concrete highway.
D. The apparatus, fully loaded, shall be capable of obtaining a speed of 60 mph on a level
concrete highway with the engine not exceeding its governed rpm
=RE TO MFFT TEST.: In the event the apparatus fails to meet the test requirements of
these specifications on the first trials, second trials may be made at the option of the bidder
within thirty (30) days of the date of the first trials. Such trials shall be final and conclusive
and failure to comply with these requirements shall be cause for rejection. Failure to comply
with changes as the County may consider necessary to conform to any clause of the
specifications within thirty (30) days after notice is given to the bidder of such changes shall
also be cause for rejection of the apparatus. Permission to keep or store the apparatus in any
building owned or occupied by the County or its use by the County during the above specified
period with the permission for the bidder shall not constitute acceptance.
CTION CONFFRW: The County requires that representative of the
contractor and any sub contractor attend a Pre-Construction Conference to finalize technical
specifications for each type model to be purchased. The Senior Director of Emergency
Services shall confer with the Contractor to schedule a date for each conference. A final pre-
production drawing of the apparatus shall be prepared by the Contractor and be approved by
the County prior to construction commencing. This drawing will become part of the total
contract, and it must show, but not be limited, to such items as the chassis being utilized;
lights; horns; sirens; compartment location and dimensions; etc. Print is to be a visual
interpretation of apparatus to be built.
lhlSURANCF AND BONDS: The Contractor shall provide and’ maintain during the entire term
of the contract insurance in the following types and limits with a company or companies
authorized to do business in the State of Florida. The Contractor shall not commence work
under the contract until the County has received an acceptable certificate or certificates of
insurance evidencing the required insurance
(X 1 General Liability insurance on forms no more restrictive than the latest edition of the
Commercial General Liability policy (CG 00 01 or CG 00 02) of the Insurance Services
Office or equivalent without restrictive endorsements, with the following minimum limits
and coverage:
(X ) General Liability
(X 1 Each Occurrence/General Aggregate
(X 1 Products-Completed Operations
( 1 Personal 4% Adv. Injury
( ) Fire Damage
( Medical Expense
( ) Contractual Liability
$500,OO0/$500,0OO
$500,000
8 1,000,000 s 1,000,000
$ 5,000
BD REQUEST NO. BB-1 bo
SPECIAL TERMS AND C-S
PAOE 6 Of 9
Automobile liability insurance, including owned, non-owned and hired autos with the following
minimum limits and coverage:
Combined Single Limit
Bodily Injury (per person)
Bodily Injury (per accident)
Property Damage
or
$ 300,000
8 100,000
8 300,000
$ 100,000
Lake County, A Political Subdivision Of The State Of Florida, And The Board Of County
Commissioners, shall be name as additional insured as their interest may appear on the:
( general liability policy
( ) automobile liability policy
Workers' compensation insurance in accordance with Florida Statute, Chapter 440, and/or
any
other applicable law requiring workers' compensation (Federal, maritime, etc).
Valuable papers with minimum limits of $100,000.
Builder Risk insurance policy written on "all risk" perils.
Professional liability (medical malpractice, engineers, architect, consultant, environmental,
errors and omissions, etc.) insurance as applicable, with minimum limits of 5500,OO and
annual aggregate of $1,000,000.
Certificates of insurance shall provide for a minimum of thirty (30) days prior written notice to
the County of any change or cancellation of the required insurance.
Certificates of insurance shall identify the contract, project, etc. in the Description of
Operations section of the Certificate.
The Contractor shall be responsible for subcontractors and their insurance.
Certificate holder shall be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, AND THE BOARD OF COUNTY
COMMISSIONERS.
P.O. BOX 7800
TAVARES, FL 32778-7800
BONDS
( X) Bid bond in the amount of 5% of the bid.
( X) A contract performance surety bond and labor and materials payment bond satisfactory to the
County equal to one hundred percent (100%) of the estimated contract amount. The bond
must be adjusted annually to cover the estimated dollar amount of purchases for that year. 0
ID REQUEST NO. -160
SPECIAL TERMS AND CONDmONS
PAGE 7 OF B
28. mR 7000 CO-: In an effort to protect Lake County, Florida (hereinafter "County")
against unplanned and unnecessary business interruption, contractors accepting business from
the County should be aware of the following concerning YEAR 2000 COMPLIANCE of
hardware, software and systems and other electronic date sensitive purchases. The language
contained herein, is incorporated and made a part of any subsequent contract resulting from
this bid request.
"Notwithstanding any provisions contained in the contractual agreement, the contractor
warrants fault-free performance and fault-free result in the processing date and date-related'
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and systems and other electronic date sensitive goods delivered and services
provided under any subsequent contract resulting from this bid request (hereinafter
"contract"), individually or in combination, as the case may be from the effective date of the
contract. Also, the contractor warrants the year 2000 calculations will be recognized and
accommodated and will not, in any way, result in hardware, software or firmware failure. The
County, at its sole option may require the contractor, at any time, to demonstrate the
procedures it intends to follow in order to comply with all the obligations contained herein.
The obligations contained herein apply to goods provided by the contractor, its sub-contractor
or any third party involved in the creation of the goods to be delivered to the County under
the contract. Failure to comply with any of the obligations contained herein, may result in the
County availing itself of all its rights pertaining to termination or default.
The warranties contained herein are separate and discrete from any other warranties specified
in the contract, and are not subject to any disclaimer of warranty or limitation of the
contractor's liability which may be specified in the contract, its appendices, its schedules,
annexes or any document incorporated in the contract by reference."
29. TFRWNATIOIV, * Subject to the provisions below, any contract derived from this request may
be terminated by the County upon thirty (30) days advance written notice to the contractor;
but if any work or service hereunder is in progress but not completed as of the date of
termination, then said contract may be extended upon written approval of the County until
said work or services are completed and accepted.
a
b
In the event that the contract is terminated or canceled upon request and for the
convenience of the County, with the required thirty (30) days advance written notice,
then the County shall reimburse the contractor for actual irrevocable costs incurred by
the contractor, if applicable.
or Cu
Termination by the County for cause, default or negligence on the part of the contractor
shall be excluded from the foregoing provision; termination costs, if any, shall not apply.
The thirty (30) days advance notice requirement is waived in the event of Termination
for Cause.
Ter- to Unav- of FW in S-I Years .. . ..
BID REQUEST NO. 99-160
SPECIAL TERMS AND CONMTKmS
PAOE B OF 9
30.
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal year, the contract shall be canceled and the
contractor shall be reimbursed for the reasonable value of any non-recurring costs
incurred but not amortized in the price of the goods or services delivered under the
contract.
ENGINEERING DATA: Each bid must be accompanied by a set of detailed contractor's
specifications consisting of a detailed description of the apparatus and equipment
proposed. All bid proposal specifications must be in the same sequence as the
advertised specification for ease of comparison. These specifications shall include
size, location, type, and model of all component parts being furnished. Detailed
information shall be provided on the materials used to construct all facets of the
apparatus body. Any bidder who fails to submit detailed construction specifications,
or who photo copies and submits these specifications as their own construction
details may be considered non-responsive and may render their bid ineligible for
award.
31. WPl ACWT PWOPTION- : The bidder shall include as part of their bid a
list of recommended OEM replacement parts and optional equipment to include guaranteed
delivery time (standard and emergency) guaranteed pricing or price structure and/or discount
terms to apply.
The bidder must be able to supply 90% of parts required to maintain this equipment within 24
hours and have access to the remaining 10% of parts within 72 hours.
The bidder will supply upon request original manufacturer part numbers crossover for parts
which are not manufactured by the equipment manufacturer after the award of contract and
prior to the delivery of equipment.
The bidder shall include as part of their bid suggested stocking levels for replacement parts
(See Attachment A).
32. WARRANTY (CONTINUD: The bidder shall have full responsibility for warranty of all
components of the equipment. A statement shall be attached with the bid setting out the
conditions of the warranty(s). The manufacturer's standard warranty shall be furnished.
Warranty shall include parts and service for a minimum of two (2) years. Warranty shall
become effective when the vehicle is accepted by the County rather than time of delivery.
Vehicles and equipment must meet all ANSI, SAE and other applicable standards.
It is the County's desire to have a warranty policy made with one company and to be able to
execute all warranties through one service department.
If the bid offered includes more than one warranty or more than one service department and
parts department then a list must be provided of difference dealer names and locations. Itm
and authorized factorv d& for the chassls.
The bidder shall include as part of the bid, a quotation on any extended warranty's which may
be offered by the bidder or OEM.
DID REQUEST NO. 99-160
SPECIAL 'TERMI) AND CON^
PAOE S OF S 0 33. -CHANGES: The County reserves the right to make minor changes to the awarded bid
apparatus prior to ordering.
BID REQUEST NO. 88-lSQ
SPECIFICATIONS
PAUI 1 OF 15
SPECIFICATIONS
It is the intent of these specifications to describe the furnishing and delivery to the
County, a complete fire apparatus (hereafter "apparatus") equipped as specified
herein. These specifications cover specific requirements as to the type of
construction and tests the apparatus must conform, together with certain details as
to finish, material preferences, equipment and appliances with which the successful
bidder shall conform.
The design of the apparatus shall embody the latest approved automotive design
practices. The workmanship shall be of the highest quality in its respective field.
Construction shall be heavy duty and ample safety factors must be provided to
carry loads as specified. The construction method employed shall allow ready
removal of any component for service or repair.
The apparatus shall conform to the National Fire Protection Association Standard
for Automotive Fire Apparatus, number 1901, in its most recent edition, unless
otherwise specified in this document. Only the specified firefighting support
equipment listed in these specifications shall be provided.
The apparatus shall further conform to all Federal Motor Vehicle Safety Standards.
Each bidder shall furnish satisfactory evidence of their ability to design, engineer
and construct the apparatus specified and shall state the location of the factory
producing the apparatus. They shall also substantiate they are in a position to
render prompt and proper service and to furnish replacement parts for the
apparatus.
An all aluminum body per specifications is required. The body shall be extruded
construction design. Formed plate construction is not acceptable.
Aluminum bodies mounted on steel subframe's are not acceptable. To eliminate
mixture of dissimilar metal, only aluminum subframes will be considered.
BID mUEST 99-150
SPBCIPICATIOIIIS
PAGE 2 OF 15
LAK% COUNTY FIRE SERVICE
1250 GPM PUMPER:
ChaSsis
Year:
Manufacturer:
Model:
GVWR:
Wheelbase:
Cab to axle:
Engine:
Transmission:
Frame:
Brakes:
Steering:
Alternator:
Batteries :
Fuel System:
Front Axle:
Rear Axle:
Tires and Wheels:
Cab:
Gauges:
Seating:
1999 or newer
International
4900 4 door Stretch
35,000 pounds
236"
122"
DT530E 300 HP
MD3060P
1 10,000 psi w/reinforcement
ABS air brakes, 13.2 CFM compressor
with air dryer, automatic slack adjusters,
air restriction indicator
Power
50 gallon
270 amp
Two (2) 12 volt maintenance free, 1,250
CCA total
12,000 pounds
23,000 pounds
Front-1 1R22.5 14pr highway tread, steel
disc wheels WITH stainless steel wheel
covers
Rear-1 1R22.5 14pr traction tread, steel
disc wheels WITH stainless steel wheel
covers
Conventional 4 door with one piece
fiberglass hood and fender assembly
Speedometer, tachometer, voltmeter,
dual air pressure, hounneter,
Transmission temperature
91 1 driver seat, 91 1 SCBA officer seat,
three 91 1 SCBA seats in rear
Miscellaneous :
BID ILBQWST 190. 9e150
spBcrFIcA!rIoBs
PAGE 3 OF 15
Stainless steel West Coast mirrors,
electric horns, dome ligbt, 2 speed
wipers, engine high idle, front tow
hooks, air conditioning chrome bumper,
Chassis Trim
Chassis trim shall consist of diamond plate mounted on the inside lower portion of
the cab doors, when applicable and a strip of black non skid tape in the lower door
jamb entrance. Exterior trim shall consist of diamond plate covers for the fuel and
air tanks. A diamond plate overlay of the factory step shall be provided.
In addition, a diamond plate battery compartment cover shall be installed.
Front BumDer
The fiont bumper will be extended 24 inches to accommodate a hose tray and lid.
The bumper extension will be covered on the top and sides with 118 inch aluminum
diamond plate. A 1.5 inch fiont jump line will be provided at the bottom of the
suction tray.
Air Horns
Two (2) air horns shall be mounted behind the extended fiont bumper. They shall
be controlled by a foot switch on the Driver's side of the cab and a button at the
Rear MudflaDs
Black hard rubber mudflaps shall be installed on the rear body wheel wells.
Rear Tow Eves
Two (2) heavy duty steel tow eyes shall be provided at the rear of the apparatus.
EnPine Run Light
An engine run light shall be provided on the cab dash.
Batterv Master Disconnect
A heavy-duty odoff single battery master disconnect switch shall be provided in
the cab.
Batterv Charger
A 20 amp battery charger shall be provided.
Air Inlet
A !A" male plug air hose inlet shall be connected to the air reservoir tank. A !A"
inline check valve shall be installed in the line.
ADDaratuS Bodv
The apparatus body shall be constructed entirely of aluminum plate and extrusions.
The framework, formed from beveled 6061T6,6063T5 and alloy extrusions, shall
pumppanel.
be electrically seam welded both internally and externally at each joint using 5356 a
aluminum alloy welding wire. The entire body shall be completely sanded and
deburred to assure a smooth finish. Body sides shall be formed fiom 3003 H-14
plate, while all horizontal surfaces, rear steps, running boards, walkways and the
rear body surface will be constructed from aluminum fire apparatus quality tread
plate.
Each body corner shall be a 3-1/2" x 8-3/4" aluminum 6063T5 alloy extruded
comer section with 3/16" (. 187) wall thickness and shall be welded as an integral
part of the body. The horizontal fiame member extrusions will be 1-112'' (1.5) x 4"
6063T6 aluminum tube with 3/16" (.1875) wall thickness and 3/16" (.1875) outside
comer radius. 'The fiame cross member extrusion shall be 3" x 3" 6061T6
aluminum with 3/8" (.375) wall thickness, and the rear crossmember shall be a
solid 3" x 3" "H" section extrusion. These crossmembers shall extend the full width
of the body to support the compartment framing, and shall be welded to a 1-311 6"
(1.1875) x 3" solid aluminum, 6063T5 fiame sill extrusion that will be shaped in
contour with the chassis fiame rails. The wheel well frame, constructed fiom 1-
1/2" (1.5) x 4" 6063T5 aluminum extrusions shall be slotted the full length to
permit an internal fit of 1/8" (. 125) aluminum plate.
Slanted beavertails provided at the rear of the body shall be constructed of formed
1/8" (. 125) aluminum tread plate and will be closed off on the inside with 1/8"
tread plate trim. These beavertails shall be a part of the body framework and give
added support to the rear tailboard step. The step, formed from 3/16" (. 1875) tread
plate and reinforced with a 1-1/2" (I .5) x 3" aluminum extrusion, shall be bolted on
to the beavertails and the body from the underside,
thereby assuring a clean surface and exposing no bolts. The bolt-on style tailboard
is easily removable for service.
The hose bed sides, consisting of 3/16" (.1875) 3003 H-14 smooth aluminum plate
welded to the extruded fiamework, will have a 3" x 3" x 3/16 6063T5 aluminum
extrusion at the top for high rigidity. The hose bed compartment deck shall be
entirely constructed &om maintenance fiee 3/4" (.75) x 7-1/2" (7.5) hollow
aluminum extrusions riveted into a one- piece grid. The extrusions shall have an
anoclzed radiused ribbed top surface. The hose bed will be completely removable
for easy access to the booster tank, and shall include a provision for the installation
of adjustable hose bed dividers.
All body compartment floors shall be 1/8" (.125) aluminum fire apparatus quality
tread brite. Compartment seams shall be sealed with permanent pliable silicone
caulking, and each compartment will be machine louvered to provide adequate
ventilation. The external compartment tops shall be constructed of 1/8" fire
apparatus tread plate. Compartment tops shall be bolted in place to allow ease of
removal for easy access to the body wiring harness.
BID REQUEST NO. 99-150
spBcIF1cAT1oBs
PAGE 5 OF 15
Side compartment doors shall be constructed entirely fiom 3003 H-14 smooth
aluminum plate using a box pan configuration. The outer door plate shall be
constructed fiom 3/16" (.1875) aluminum plate and the inner pan, made of 1/8"
smooth plate, shall have a 95 degree bend to form an internal drip rail. A 114" (.25)
drain hole shall be installed in the lower comers of the door pans for drainage.
Doors shall have a closed cell neoprene sponge gasket with a drip rail shape
installed around the perimeter of the door to carry off water. The compartment
doors shall have double catching two-point safety slam latches, Eberhard #206 or
equal, recessed inside the double door pan. Latches shall meet strength
requirements for passenger doors as specified in Federal Motor Vehicle Safety
Standard #206. The door handles shall be heavy-duty stainless steel flush mounted
D-ring handles. The D-rings shall have a slight break to facilitate easy access while
using gloves. The doors shall be securely attached to the apparatus body with full-
length stamless steel piano hinges.
All doors shall have a gas shock hold-open device. A bright-anodized aluminum
drrp rail shall be mounted over each compartment opening.
The body shall have a body side protection rubrail along the length of the body on
each side and across the rear tailboard. The rubrail shall be a minimum of 2-314''
high x 1-1/4" deep and shall extend beyond the body width to protect the
compartment doors and the body side. The design of the rubrail shall protect any
specified marker lights that are mounted on the lower sides of the body. The rubrail
shall be spaced away fiom the body using 3/16" nylon spacers. The top of the
rubrail shall have an aggressive non-slip surface. The ends of each section shall be
provided with a rounded corner piece. A wheel well liner shall be provided for
each wheel well.
The rear compartment doors shall be constructed of 1/8" (. 125) aluminum fire
apparatus quality tread plate with the inner door pans constructed of 1/8" (. 125)
smooth aluminum plate.
The apparatus body shall be divided into two (2) individual sections. The pump
compartment shall be a separate module from the apparatus body and hosebed
compartmentation. This will allow each module to move independently of the
other.
The apparatus body structure shall be securely fastened to the chassis with 5/8"
(.625) OD steel U-bolts. Chassis fiame rails will be lined with 5/16" (.3125) x 2"
fiber reinforced rubber strips to protect the body frame sills fiom contact with the
rails.
ComDartmentation
The compartments shall have a minimum of 107.5 cubic feet of total usable storage
space. This area shall be divided into compartments as follows:
There shall be one (1) compartment at the fiont of the body directly behind
the pump panel, on either side of the apparatus with vertically hinged double
doors. These compartments shall be approximately 42" wide x 28" high x
24" deep. A fully adjustable vertical shelf will be installed in each
compartment.
There shall be one (1) compartment each side behind the rear wheels with
vertically hinged double doors. The compartments shall be 34" wide x 28"
hgh x 24" deep. A filly adjustable vertical shelf will be installed in each
compartment.
A compartment at the rear of the apparatus shall contain a lower section 48"
wide x 28" high x 24" deep and an upper section 46" wide x 22" high x 9"
deep. A permanent shelf shall divide the upper and lower areas. The
compartment shall have vertically hinged double doors. Two roll out trays
will be provided in this compartment. The first tray will be located on the
floor of the compartment. The second roll out tray will be adjustable in
height.
Three (3) lift-up high side compartments shall be located on the each side of
the apparatus. Each compartment shall be approximately 44" wide x 32"
high x 10" deep. A fully adjustable vertical shelf will be installed in each
compartment.
Four (4) air bottle storage tubes will be installed in the rear wheel area, two
each side.
Water Tank
The water tank shall be T-shaped in configuration, and shall have a capacity of
1000 gallons. The tank sides, top and bottom, shall be constructed of 1/2" black
UV stabilized high-density copolymer material. The tank shall be constructed
utilizing latest therm0 plastic welding technology.
The tank shall undergo extensive testing prior to installation in the truck. The
process shall include an electronic spark and water-fill test. In addition, the
completed tank shall be water pressure tested.
The tank shall have a combination vent and manual fill tower. The tower shall be
located in the left front corner of the tank. The tank overflow shall be 4" diameter
and shall dump behind the rear wheels to permit maximum traction. The tower
shall have a hinged cover and 1/4" thick polypropylene screen.
There shall be two (2) standard tank openings; one for the tank to pump suction
line with an anti-swirl plate and one for a tank fill line.
BID BgQWST Lpo. 99-150
spEcIFIcATIoI9s
PAGB 7 OF 15
Baffles, both longitudinal and latitudinal shall be interloclung and therm0 welded
to minimize water surge during travel, enhancing road-handling stability. Openings
in the baffles shall be positioned to allow water flow to NFPA standards during
filling or pumping operations.
The tank shall be mounted on hard rubber cushions to isolate the tank fiom road
shock and vibration. The tank shall be completely removable without disturbing or
dismounting the apparatus body structure.
To ensure timely service support and sole warranty responsibility, the tank shall be
warranted by the apparatus manufacturer. A lifetime manufacturer's statement of
wmty shall wanant each tank to be free form manufacturing defects in material
and workmanship for the service life of the vehicle.
Hose Bed Divider (2)
The hose bed divider shall be constructed of 114" smooth aluminum plate with an
extruded aluminum base welded to the bottom. The rear end of the divider shall
have a 3" radius corner and the divider shall be sanded and deburred to prevent
damage to hose. The divider shall be adjustable in the hose bed for varying hose
loads.
Stens
Three (3) large diamond plate steps shall be bolted to the rear of the body for
access to the hosebed. The top surface shall be a minimum of 35 square inches and
shall have a slip resistant surface. The step shall be able to support up to 500
Handrail Above Hosebed
One (1) handrail constructed of 1-1/4" anodized aluminum shall be installed along
the fill width of the hose bed between the rear light stanchions. The handrail shall
be solid for strength, and shall be extruded with an integral ribbed surface to assure
a good grip for personnel safety.
Rear Handrails
Body handrails shall consist of two (2) 36" lengths of 1- 1/4" O.D. anodized
aluminum installed on the trailing edge of each beavertail, between chrome end
stanchions. The handrail extrusion shall be ribbed to assure a good grip for
personnel safety.
PumD System
The pump shall be a Hale 1,250 GPM midship mounted single stage centrifugal
pump. The pump shall be free fiom objectionable pulsation and vibration under all
normal operating conditions.
The pump body shall be close-grained gray iron and shall be horizontally split in
two (2) sections for easy removal of the entire impeller shaft assembly. The
impeller shaft shall be stainless steel supported at each end by anti-firction ball
bearings. The pump impeller shall be bronze with double suction inlets.
@ pounds.
a
BID REQUEST Loo. 99-150
SpBcIpICATIms
PAGE 8 OF 15
The pump shall be equipped with an automatic pressure control device. It shall be
of ample capacity to prevent an undue pressure rise.
One (1) 4 1/2" master suction and one (1) 4 1/2" master discharge gauge shall be
pump panel mounted. Two (2) test plugs shall be pump panel mounted for third
party testing of vacuum and pressures. One (1) pump panel vernier throttle shall be
provided.
PumD Shift
A power shifter shall engage the pump. The pump shift shall be dash mounted with
a pump in-gear indicator light on the cab dash and on the pump panel.
Steamer Inlets
A 6" NST steamer inlet for use with suction hose shall be installed on each suction
side of the pump. The inlets shall come equipped with long handle chrome caps.
Pumr, Certification
The 1250 GPM pump, when dry, shall be capable of taking suction and
discharging water in compliance with NFPA #190 1. The pump shall be tested by a
third party testing service and service and shall deliver the percentage of rated
capacities at pressures indicated below:
100% of rated capacity at 150-PSI net pump pressure
100% of rated capacity at 165-PSI net pump pressure
70% of rated capacity at 200-PSI net pump pressure
50% of rated capacity at 250-PSI net pump pressure
Master Drain Valve
A master drain valve shall be installed and operated from the pump panel area. The
valve shall be located lower than the main pump body and connected in such a
manner as to allow complete water drainage.
Bleeder Valve
A 314'' brass bleeder valve with a quarter turn handle shall be installed for the left
side auxiliary intake.
Suction Relief Valve
The pump shall be equipped with a cast brass, variable pressure setting suction side
relief valve. The valve shall be normally closed and shall limit pressures in the
pumping system. When excessive intake pressures are received, the water shall be
directed below the body to an area visible to the pump operator. The outlet shall
terminate with a male 2-1/2" NST threaded fitting.
Electric Primer
The pump primer shall be a positive displacement vane type, electrically driven
and shall conform to standards outlined in NFPA Pamphlet #190 1. One (1) pump
panel mounted priming control shall both open the priming valve and start the
priming motor.
e
PumD Panel a
BID BgQWsT 130. 99-150 spEcmcA!l!Ims
PAGE 9 OF 15
The operator's controls and gauges shall be mounted on pump panels located at the
forward portion of the body on either side of the apparatus. Pump panels shall be
14-gauge stainless steel with a brushed non-glare finish for lasting appearance and
ease of maintenance. These panels shall be completely removable for easy access
to the pump compartment. Each panel shall be split approximately two- thnds of
the way fiom the bottom by a bright dip anodized extrusion which will allow the
upper panel to be removable for easy access to the gauge and the pump
compartment. "T" handle controls will be mounted through tlius extrusion and shall
be appropriately labeled directly at the control. The upper portion of the left side
panel shall be stainless steel, and the upper portion of the right side panel shall be
tread brite aluminum. The right side tread plate panel shall serve as a pump access
door and shall be securely attached by a stainless steel D-ring style handle.
PumD Panel Tam
To improve identification of discharges and intakes, color coded tags shall be
provided. The tags shall utilize an etching process to provide easy visibility and
improved field service life. The tags shall be affixed using industrial grade
adhesive backing.
The following color labeling system shall be employed in the label process:
Inlets-Burgundy
Deck Gun-Silver
Preconnects
Lorange
2-Red
Discharges
1-Green
2-Blue
3-Pink
4-Brown
Auxiliarv EnPine Cooler
An engine cooler used to lower engine water temperature during prolonged
pumping operations and controlled at the pump operator's panel shall be provided.
The engine cooler shall be installed in the engine coolant system in such a manner
as to allow cool pump water to circulate around engine water, thus forming a true
heat exchanger action. Cooler inlet and outlet shall be continuous, preventing
intermixing of engine coolant and pump water.
PumD Cooler
The pump shall have a 3/8" line installed fiom the pump discharge to the booster
tank to cool the pump during sustained periods of pumping when water is not
being discharged. The pump cooler shall be controlled from the pump operator's
panel by a 3/8" snubber valve.
Oil Pressure Gaupe
A 2" weatherproof oil pressure gauge shall be provided on the pump panel.
Water TemDerature Gawe
A 2" weatherproof water temperature gauge shall be provided on the pump panel.
Voltmeter
A 2" weatherproof voltmeter shall be provided on the pump panel.
Ennine Alarm Svstem
Two (2) lights, one (1) to indicate low oil pressure and one (1) to indicate hgh
water temperature, shall be mounted on the pump panel. A buzzer alarm shall be
used as an audible warning.
Tachometer
A 3" tachometer shall be mounted on the pump panel.
Tank Fill
A 1-1/2" pump-to-tank fill line having a 1-1/2" in-line valve shall be controlled at
the pump operator's position.
Double Crosslav Hosebed
One (1) double crosslay shall be provided at the fiont of the body. Each crosslay
section shall have a capacity of 200' of 1-3/4" double jacket fire hose. The crosslay
declung shall be constructed entirely of maintenance free 3/4" x 2-3/4" hollow
aluminum extrusions. Each crosslay shall have one (1) 2" mechanical swivel with a
1-1/2" hose connection to permit the use of hose fiom either side of the apparatus.
A 2" valve operated fkom the pump operator's position shall control each crosslay.
A weatherproof 2-1/2" liquid filled pressure gauge shall be installed on the pump
panel for each outlet.
Left Side Dischawes
Two-(2) 2-112'' discharge shall be located on the left side pump panel. The valves
shall be constructed of brass and be of the quarter turn ball type of fixed pivot
design to allow for ease of operation at all pressures. It shall come with 2-1/2"
National Standard threads and a chrome cap and chain, and shall be connected to
the discharge side of the pump with the valve body behind the pump panel. The
valve shall be controlled from the pump operator's position. A 2-1/2" liquid filled
pressure gauge shall be connected to each discharge and installed in the pump
panel. The discharges shall be equipped with a 3/4" line drain valve.
RiPht Side Dischawe
A 2-1/2" discharge shall be located on the right side pump panel. It shall come with
2-1/2" national standard threads and chrome cap and chain, and shall be connected
to the discharge manifold with the valve body behind the pump panel wall. It shall
be constructed of brass and be of the quarter turn ball type of fixed pivot design to
allow for ease of operation at all pressures. The right side discharge shall be
controlled fiom the pump operator's position. A 2-1/2" liquid filled-pressure gauge
shall be connected to the discharge and installed in the left side pump panel. The
discharge shall come equipped with a 3/4" line drain valve.
Left Rear Dischame
A 2-1/2" discharge shall be provided at the left rear of the apparatus. The discharge
shall have a chrome cap and chain. The discharge shall be operated by a 2-1/2"
inline valve which shall be constructed of brass and shall be of the quarter turn-ball
type of fixed pivot design to allow for ease of operation at all pressures. A chrome
push-pull "TI' handle located on the left side pump panel shall operate the valve. A
242" liquid filled pressure gauge shall be connected to the discharge and installed
in the pump panel. The discharge shall come equipped with a 3/4" line drain valve.
Deck Gun Discharne
A 3" deck gun discharge shall be installed directly behind the crosslays. The
discharge shall be controlled by a 3" inline slow closing type valve whch shall be
constructed of brass and be of the quarter tum ball type of fixed pivot design for
ease of operation at all pressures. The valve
shall be controlled at the pump operator's position. A 2-1/2" liquid filled pressure
gauge shall be connected to the discharge and shall be installed in the pump panel.
Tank To PumD
A 3" inline valve shall be installed between the pump and the water tank. The
valve shall be constructed of brass and shall be of the quarter turn ball type of fixed
pivot design. The valve shall be controlled at the pump operator's position.
Left Side Suction
A 2-1/2" gated suction valve shall be installed in the left pump panel with the valve
body behind the panel. The valve shall be constructed of brass and be of the
quarter turn ball type of fixed pivot design. It shall be piped to the suction manifold
and shall be controlled at the left side pump panel. The valve shall come equipped
with a brass inlet strainer, 2-1/2" NST chrome inlet swivel, chrome plug and chain.
Stainless Steel Plumbing
The discharge manifold, side discharges, rear discharge, deck gun discharge,
crosslay discharge and tank fill shall utilize stainless steel, brass and flex hose for
piping.
Electrical Svstem
All electrical equipment installed by the apparatus manufacturer shall conform to
current automotive electrical system standards and the requirements of the
applicable NFPA Apparatus Standard.
Wiring shall be individually and permanently function and color-coded every
three-(3) inches on the insulation. The insulation shall meet SAE Standard J1128 in
its latest edition for GXL or SXL temperature rating. e
BID REQUKST NO. 99-150 sPIumIm10IIs
PAGE 12 OF 15
All exposed wiring shall be run in loom with a minimum 280 degree Fahrenheit
rating. All wiring looms shall be properly supported and attached to body members
along the entire run. At any point where wire or looms must pass through metal,
rubber grommets shall be installed to protect the wire fiom abrasion.
The main low voltage chassis to body interface point and distribution panel shall
be provided at the fiont of the body in a location providing easy service access. An
electrical harness quick disconnect shall be provided to facilitate removal of the
body in the future.
Electrical connections in exposed areas outside of the cab shall be made using heat
shrink or weather proof connections. All circuits shall be protected with automatic
reset circuit breakers.
All electrical equipment switches shall be mounted on a switch panel mounted in
the cab convenient to the operator. All switches shall be appropriately identified as
to hction. .
Water Tank Level Indicator
A water tank level indicator shall be provided on the pump panel. The indicator
shall utilize 1/4-tank increments.
Pumr, Panel Liphts
Two (2) Weldon #I2030 lights with a weatherproof switch shall be mounted under
an extruded aluminum light shield directly above the left pump panel.
Clearance LiPhts and Reflectors
Clearance lights and reflectors shall include two (2) red clearance lights, four (4)
red rectangular reflectors, two (2) amber rectangular reflectors, and one (1) red
three light cluster recessed into the rear step.
Amber Marker LiPhts
A rectangular shaped clearance light with an amber colored lens shall be installed
on each side of the apparatus body, below the pump panel.
Hosebed Lights
Two (2) 6" chrome plated 12-volt deck lights shall be installed at the rear of the
apparatus. Each light shall be manually operable and switch on and off at the light.
Tail Liphts
One (1) 6" red and one (1) 6" clear light shall be installed on each side of the
vehicle rear. Light functions shall include: running lights, brake lights, turn signal
lights and back-up lights.
Ground LiPhts
Ground lights shall be provided at each cab door, each pump panel and one (1) on
each side under the tailboard.
ComDartment Liphts
One (1) 4" circular single bulb light shall be mounted in each body compartment.
0
The light shall be a resilient shock absorbent mount for improvedbulb life. The e
BID BgQwsT NO. 99-150
sPI4cIFIcATIms
PAGZ 13 OF 15
wiring connector shall be made with a weather resistant plug-in style connector. A
single water and corrosion resistant switch shall control each compartment light.
The switch shall only allow the light to operate if the compartment door is open.
The switch shall activate a 2" red flashng light located in the cab, to alert the
driver that a cab or body door is open.
Recessed SteD Liphtq
Recessed step lights shall be provided at the rear of the apparatus to properly
illuminate the tailboard and step areas.
Eneine Comoartment Light
An engine compartment light with a switch shall be installed to illuminate the
engine compartment.
"OK to PumD" Light
A green light to indicate that the pump is in gear shall be mounted on the cab dash
near the pump shift.
PumD ComDartment Light
A compartment light with a switch shall be installed to illuminate the pump area
for service.
Mar, Light
A goose neck map light will be provided in the cab.
LiPht Bar
A Federal FHL4856 light bar shall be provided.
One (1) 100-watt speaker shall be mounted in the front bumper.
Electronic Siren
A Federal Model PA-300M solid state electronic siren with attached noise-
canceling microphone shall be installed. The unit shall be capable of driving high
power speakers up to 200 watts to achieve a sound output level that meets Class
"A" requirements. Operating modes shall include Hi-Lo, yelp, wail, P.A., air horn
and radio re-broadcast, and shall include a Tap II feature.
Mechanical Siren
A Q2B siren will be pedestal mounted on the fiout bumper extension.
Lower Level Warninp Lights
Two (2) GS2F-R FireRay strobe lights shall be mounted on the front of the
apparatus.
One GSZF-R FireRay strobe light shall be mounted at the forward most point on
each side of the apparatus. One (I) USML-1 halogen light shall be mounted at the
rearmost point on each side of the apparatus recessed in the rubrail. Four (4)
USMLl -R halogen lights shall be mounted at the rear of the apparatus recessed in
the rubrail.
Siren SDeaker
Rear Warnine LiPbts e
BID -T 190. 99-150
!WlEXFICATIrnS
PAGE 14 OF 15
0 Two (2) Federal Signal model IVP-200 individual Vector Pods shall be provided,
one (1) each side at the rear of the apparatus. One (1) light shall be amber and one
(1) light shall be red. Each light shall have a forward facing floodlight operated by
a separate dash switch. These lights shall provide light into the hose bed of the
apparatus.
Scene LiPhts
An Opti-Scene light will be provided at each side of the vehicle.
Nightfiiahter Lights
A pair of 12 volt Nightfighter lights will be provided.
Door Aiar Lipht in Cab
A revolving beacon will be installed in the cab to warn of an open compartment.
Pre-Wire for Electric Reel
The right rear compartment will be pre-wired for a customer installed electric reel.
Ladder Storage
A box will be provided in the hosebed for storage of a 24 foot 2 section ladder, a
14 roof ladder and a 10 foot attic ladder.
Chrome Elbows
Four (4) 2-112'' NST 45 degree chrome plated discharge elbows shall be supplied.
Fluid CaDacitv and TvDe Plate
A permanent plate mounted in the driver's compartment shall be supplied. It shall
specify the quantity and type of the following fluids used in the vehicle: Engine oil,
engine coolant, chassis transmission fluid, pump transmission lubrication' fluid,
pump primer fluid and dnve axle lubrication fluid.
Seating CaDacitv
A permanent plate in the driver's compartment shall be installed, specifying that
seating for six (6) shall be provided.
Paint Finish
The aluminum exterior shall have no mounted components prior to painting to
assure full coverage of metal treatments and paint to the exterior surfaces of the
cab and body. Compartment doors shall be painted separately to assure proper
paint coverage on body, door jambs and door edges.
All raw metal shall then be primed with a chromate based phosphoric acid
catalyzed self-etching wash primer to provide superior corrosion resistance and
excellent adhesion of the top coat. Next, an acrylic urethane primer-sealer shall be
applied to guarantee excellent hold-out and a uniform base color. The third step
includes a two-component surfacer to provide good enamel hold-out of the top
coat. Finally, a lead-free, chromate-free medium solid acrylic urethane top coat
shall be applied, providing excellent coverage and durability.
Cab and Body StriDe
BID BEqUEsT PO. 99-150
SPECIFICATIONS
PAGE 15 OF 15
A straight cab and body Scotchlite stripe, 10'' minimum in width shall be supplied.
The stripe shall be white in color and shall be NFPA compliant. Wte Scotchlite
shall be provided in the side and rear rubrails.
Lettering
Fifty six (56) 5 inch Scotchlite letters will be provided and installed.
EauiDment Package
The following equipment will be provided and installed on the vehicle: - 24' extension ladder - 14' roof ladder - 10' attic ladder - two (2) 6" x 10' hard suction hose with trays - 6" Barrel strainer with bracket - 6# flathead axe with bracket - 6# pickhead axe with bracket - 10' fiberglass pike pole
Statement of Warrantv
The apparatus manufacturer shall provide a full one (1) year standard warranty. All
components manufactured by the apparatus manufacturer shall be covered against
defects in materials or workmanship for a one (1) year period. All components
covered by suppliers shall maintain the warranty as provided by the component
manufacturer.
The apparatus manufacturer shall provide a comprehensive ten (10) year/100,000
mile structural warranty. Ths warranty shall cover all structural components of
the body manufactured by the apparatus manufacturer against defects in materials
or workmanshp for ten (1 0) years or 100,000 miles, whichever occurs first.
Excluded from this warranty are all hardware, mechanical items, electrical items or
paint finishes.
The apparatus manufacturer shall provide a full lifetime polypropylene tank
warranty. This warranty shall cover all defects in materials or workmanship of the
polypropylene tank for the lifetime of the covered apparatus.
The apparatus manufacturer shall provide a full ten (10) year stainless steel
plumbing components warranty. This warranty shall cover defects in materials
or workmanship of apparatus manufacturer designed foadwater plumbing system
stainless steel components for ten (10) years.
The apparatus manufacturer shall provide a full ten (10) year paint and lifetime
corrosion perforation warranty. This warranty shall cover paint peeling,
cracking, blistering, and corrosion provided the vehicle is used in a normal and
reasonable manner. Paint shall be covered 100% for ten (IO) years and corrosion
perforation shall be covered 100% for the life of the vehicle. 0 ,
P.O. .aX,7000
TW?UO8, ?L 32778-7800
31s'n. mist, Roar 416
BID RXQUR8T NO. 99-15
BID SICS
PMilL 1 or
SHIP TO ADDRXSS:
AS REQUIRED ON EACE ORDER
II
ITEM
NO.
1.
-
m1CE To: LAKE COUNTY EMERamcr SERVICES
PO BOX 7800
TAVARES, FL 32778-7800
ITEM AND SPECIFICATION
FIRE APPARATUS, PER PRECEDING
SPECIFICATIONS
STATE SET PERCSNT ABOVE BIDDER'S
NET COST FOR THE FOLLOWING:
VEHICLES : 4 S
KQUIpm#lr OPTIOHS: lfl %
-1- ACCBSSORIZS: In S
STAm PSRCENTAGE DISCOUNT FROM
IDENTIFIED PRICE LIST(S) FOR THE
FOLLOWING :
CAB/QIAsSIS PARTS: In t
PRICE LIST Pierce Mfs., OEM E
DATE OF PRICE LIST 2/99
BODY PARTS: 10 %
PRICE LIST Pi er-OEM PPC
3ATE OF PRICE LIST 2/99
QUANTITY
5
3P
UNIT
EA
II
REQUIRED DELIVERY DATE VRNDOR DELIVERY DATE I CREDITTERMS I
UNIT
PRICE
EXTENDED
PRICE
Contracting officer: I Rosaann Johnson
accordance with all terms and conditions previously listed and any attached specifications.
cr any Name-turinq, Inc. 39-01 39830 Date 6/21 /99
Appleton, Wisconsin 54915
TITLBWTi zed Sales Representat
City, State, zip
SI-= OF BIDDRR I-
TYPED OR PRINTBD NAME op BIDDER Robert F. Boggus phae/Fw ~~-407 328-5081 phone
An- _..- c-m- c
-
mu.
NO.
- We hei
-
ITEM
No. - ITEM AND SPECIFICATION
BIDDER ifAs INCLUDED A COMPLETE
DESCRIPTION OF VEBICLE
CONSTRUCTION? YZS x NO
NRARBST FACTORY AUTHORIZED
PARTS AND SERVICE FACILITY.
MILES FROM FACILITY TO
ASTATULA, FLORIDA: A5 milpn
NAME/TELEPHONE /CELL/PAGER
NUMBER OF CONTACT PEZSON:
11s-
Doug Burns
407 328-5081 Sanford
1-800-519-5474 pager
352 406-7089 cellular
352 742-0896 home
ry agree- -
Lees are Q\
P
I and on 8ul
PBRCBLWAGB
DISCOUNT
equant pages i.
accordance with all terms and conditions previously listed and any attached specifiCatiOIl8.
N- Pierce Manufacturing, Inc . D8te6/21/9 9
TITLEm ‘e SIGNATURE
e
BID REQUXST 110. 99-15
BID 8-
PAGE 3 OT
BID BHIfi
RBQ -
NO.
0
- We herel
-
ITEM
NO. -
- agree
ITEM AND SPECIFICATION
EXTENDED WARRANTY PER YEAR (m 24 MON"IiS) LIST ALL
-ED WARRANTIES OFFERED, "HE
YEARLY COST OF EACH Wm AND
TBB EQUIPMENT OFFERED FOR
WARRANTY AND THE MANUFACTURER
(ATTACH ADDITIONAL SHEETS IF
NECESSARY).
OUARANTEED DELIVERY TIME FOR
SPECIFIED FIRE APPARATUS:
DAYS ARO-:a
Delivery time may be less
depending upon chassis
availability.
,
o furnish the item on which pric
QUANTITY
-
I are quot
UNIT
- 1 above
0. t.0.B. Doatbation
UNIT
PRICE
ad on aubseq
EXTZNDED
PRICE
___ ant pages i:
Satione. at rdance with all term8 and conditions previously listed and any attached specif.
Date 6/21/99
TITLE Authorized Sales Representativ
db
AUTHORIZED SIGNATURE
t8ko County. Rr0-t 80ia.r
9.0. Dok 7800
31s ll. lloa 416
TIVU.8, It. 32776-7800
ITZM
NO. ITEM AND SPECIFICATION
ExceptiondAdditions to specifications
&YES' - NO
If YES, attach separate sheet detailing
same,
bLpIE: It shall be unacceptable for any
bidder to make the statement "see
specifications" in lieu of listing all
exceptions/additions from the preceding
specifications. It shall also be
unacceptable for any bidder to submit
manufacturer's literature in lieu of the
above. All exceptions/additions to our
specifications shall be either handwritten
or typed on an attached separate sheet.
OPFRATIVE P-Y OTHFR
ER THIS C0NTBBL;I
If'Lake County awarded you the proposed
contract, would you sell under the prices
and terms of this contract to any
Municipal, County Public Utility, Hospital,
or Educational Institution having
membership in POOL (Purchasing
Officials of Lakelor SlCOP (Six
County Co-operative Purchasing
Association)? All deliveries shall be
F.O.B. Destination and there shall be no
obligations on the part of any member of
POOL or SlCOP to utilize this contract.
I to furnirh the item on which p~
UNIT
- :ed abc
UUIT
PRICE
- randons
PRICE
bmequent pages i
with all terms and conditions previously listed and any attached spacificatiow.
6/21/99
TITLE: Authorized Sales Representative AUTHORIZED SIGNATTIRE
BID REoutSr NO. 99-1-
AfiACRMENT A
?AGE 1 OF I
ATTACHMENT A
SUGGESTED STOCK LEVELS
LAKE COUNTY
PRICING COMPUTATION FORMULA
1. Vehicle lmse model with Pierce Responder Body and 4900
International chassis
2. 4% mark-up over base vehicle cost
3. Equipment options-Fire fighting equipment, ladders, hose, etc.
4. 10% mark-up over equipment cost
5. Vehicle accessories- Above base vehicle
6. 10% mark-up over vehicle accessories cost
7. Multiple order discount*
8. Discount for units mandactured in Florida**
TOTAL VEHICLE SELLING PRICE
$102,856.00
$4,114.24
$3,095.00
$309.50
$38,527.00
$3,852.70
($6,000.00)
($3,000.00)
$143,754.44
*Applies to multiple like units witb purchase of four (4) or more units only.
++Does not apply to Contender Series Pumpers
5 &ma3 We Build Confidence
Page 2 of 12
Our estimated in-service weight calculations show that a 23,000 pound rear axle will be a
marginal application with a lo00 gallon water tank and high side Compartments on both
sides of the vehicle. We are proposig a 24,000 pound capacity rear axle with a 3 1,000
pound rear suspension. In addition we propose to supply a Jacobs ‘‘Extardef for added
braking performance and safety.
Pages 3-6 of 15
Aluminum body construction proposed is Pierce’s standard design with 10 year warranty
per the enclosed proposal. Material and design proposed is equal by all industry
standards. Documentation and design engineering information enclosed.
We exceed 107.5 cubic feet of compartment space as required. We propose to furnish
rescue style full height compartments in place of three (3) individual high side
compartments per side. We feel this offers better access to equipment and additianal
compartment space. Ifthis is not acceptable and three (3) high sides per side are required
they will be provided at no charge.
We propose to provide a roll-up door on the rear compartment in place of hinged doors at
no additional charges. If hinged doors are required are required they will be provided at
no charge.
.m . .. .. Page 13 of 15
Lower zone lighting as specified by the County does not meet current NFPA lighting
requirements for spacing and optical output. We are proposing a Federal Signal NFPA
compliant system using strobe and halogen lights which exceeds specifications.
44
LAKE COUNTY, FL
OPTIONAL EXTENDED WARRANTIES
Allison MD3060
1. Three(3)years S 604.00
2. Four (4) years 822.00
3. Five (5) years 1,206.00
International 4900 model
Attached warranties are available from International. They will be at 1O?h above OW cost.
0 SERVICE BULLETIN ..
We Build C0nfidence.m
Service Topic #43: Year 2000 Compliance - Y2K
ADDENDUM & FINAL
DATE:, December 19,1998
REFERENCE ONLY 1
Please forward the following to any customer(s) requests on Y2K.
Pierce@
YEAR 2000 READINESS DISCLOSURE
Pierce Manufacturing, Inc. has reviewed the potential impact of the Year 2000 transition on the operating
systems used on its apparatus. We have confirmation from our major component suppliers that all electronic
systems, including electronically controlled engines, fire apparatus, transmissions, agent application, anti-
lock braking and steering systems are year 2000 compliant. No Pierce@ apparatus will experience any
operational problem due to date processing errors related to the transition between years, including the years
1999 and 2000, or due to leap year calculations.
The Pierce03 Micro Controller IV and multiplexing technology stores date-sensitive information. However,
the software is Year 2000 Compliant and, in addition, the dates are not used during operation of the
apparatus. Date or date-sensitive information is not sent to or received from other electronic control units on
the vehicle.
Pierce is in communication with the applicable vehicle manufacturers and believes, with respect to each
commercial chassis on which it has installed or incorporated its apparatus, that no such vehicle will
experience any operational problem due to date processing errors related to the transition between years,
including the years 1999 and 2000, or due to leap year calculations.
The electronically controlled engines, fire apparatus, transmissions, agent application, anti-lock braking and
steering systems do not track, use or compute dates during their operation. Most do not have any timing
software. Engine controllers which do have timing systems operate using “Run Hours” and “CPU Cycle”
methods and are not date sensitive.
Pierce is aware that certain diesel engine electronic diagnostic and service equipment used by service
technicians may not be Year 2000 compliant: While this will not affect the operation of your vehicle it
could affect the servicing center’s ability to service your vehicle in a timely manner. Please contact or check
the Internet Web site of your engine, commercial chassis manufacturer or your preferred local service center
for further information.
If you have questions or concerns regarding this, please contact P customer service representative at (888) Y-
PIERCE.
4. 0
PROCLAMATION
STATE OF FLORIDA
cm OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day wasJirst observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce oxygen andprovide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other woodproducts; and
WHEREAS, trees in our City increase property values, enhance the economic
vitality of business areas, and beautifi our Community; and
WHEREAS, trees, wherever they are planted, are a source ofjoy and spiritual
renewal.
NOW, THEREFORE, 4 Joseph R. Russo, by virtue of the authority vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby
proclaim January 20, 2006 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support eforts to protect our trees and woodlands; and further, I urge all citizens to plant
trees to gladden the heart andpromote the well-being of this and future generations.
IN WITNESS WHEREO& I have
hereunto set my hand and caused the Seal
of the City of Palm Beach Gardens,
Florida, to be affixed on this 1qh day of
January in the Year Two Thousand and
Six,
At?est:
Mayor Joseph R. Russo
Patricia Snider, CMC, City Clerk
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 7,2005
Meeting Date: January 19,2006
Resolution 6,2006
SUBJECT/AGENDA ITEM
Resolution 6,2006: Art in Public Places - Midtown PUD
Consideration of Approval: A request by Lucy Keshavarz on behalf of the Borland Center
Owners Association Inc., for the consideration for approval of the proposed Art in Public Places
for the non-residential portion of the Midtown Planned Unit Development (PUD) (f.k.a. Borland
Center PUD). The Midtown PUD is located along the north side of PGA Boulevard between
Gardens Square Boulevard and Shady Lakes Drive.
[XI Recommendation to APPROVE
I 1 Recommendation to DENY
~
Reviewed by:
City Attorney
Finance
Development
Compliance &~;r fib
Bahareh Keshavarz-Wolfs,
AICP
Charles K. kf AICP
Approved By:
City Manager
Originating Dept.:
Growth Management:
Manager
Brad Wiseman
interim Planning
Manager
[XI Quasi - Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
[ 3 Required
[XI Not Required
Affected Parties:
motified
[XI Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
City Council Action:
[ 3 Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
[ ] Continued to:
~
Attachments:
0 Resolution 6, 2006
Applicant’s Narrative
Location map
Artwork Details
Artist Resume
Project Budget
Breakdown
Date Prepared: December 7,2005
Meeting Date: January 19,2006
Resolution 6.2006
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places (AIPP) program for the Midtown
Planned Unit Development (PUD). The proposed large-scale art piece, which is situated directly
on PGA Boulevard, consists of a concrete/stainless steel arch situated over a pedestrian pathway
containing internally illuminated glass inserts of various shapes and colors. The AIPP Advisory
Board voted 7-0 to recommend approval of the proposed art on November 15,2005.
The City Council reviewed the subject petition on January 5, 2006, and continued the item to the
January 19, 2006, meeting. The City Council requested the applicant to confirm the distance of
the art piece from PGA Boulevard.
0 The applicant has informed staff that the art piece will be at minimum 25 feet from
PGA Boulevard.
Staff recommends approval of Resolution 6,2006 with six conditions.
BACKGROUND
Midtown is located along the north side of PGA Boulevard between Garclzns Square Boulevarc
and Shady Lakes Drive. On August 5, 2004, Midtown was approved by City Council for the
master plan approval and conditional use approvals to allow for the development of 64,533
square feet (500-seat small theater, and 300-seat banquet hall, Sunday School and accessory
facilities) for a cultural center and church facilities, 64,025 square feet for retail space, 19,950
square feet for restaurant space, 10,900 square feet for office space, and 225 rental units on an
approximately 47-acre site, through the adoption of Resolution 92, 2004. The subject site is
currently being developed in accordance with the plan approved by said resolution.
In accordance with Section 78-262 of the Land Development Regulations entitled Art in Public
Places, Fee Imposed on Development, all budgets for new construction of private and public
developments shall include one percent (1%) of the total budget for vertical construction as a fee
for art in public places. The subject fee shall be utilized by the developer for the provision of
artwork on the project site, or the developer may choose to contribute one percent (1%) of the
total vertical construction costs directly to the City for the provision of art on public property.
Under the provisions of Section 78-26 1 (a)( 1) of the City’s Land Development Regulations
entitled Deposit of Funds, prior to the issuance of a building permit the petitioner is required to
place $194,000 into an escrow account, which represents an estimate of one (1%) percent of the
estimated total cost of vertical construction on site (please see the attached project budget
breakdown). The budget for the proposed AIPP program is $194,000.
PROPOSED ART IN PUBLIC PLACES
The proposed Art in Public Places designed by Terry Thommes is described below (please see
attached images and location maps):
2
Date Prepared: December 7,2005
Meeting Date: January 19,2006
Resolution 6.2006
Reliance
The applicant is proposing a large-scale art piece situated directly on PGA Boulevard. The art,
titled Reliance, is a concrete and stainless steel arch situated over a pedestrian pathway located
within the PGA Overlay, directly visible from the adjacent right-of-way. The sculpture will be
approximately 13 feet in height and 60 feet in length (please see attached rendering). The
sculpture will have glass inserts of various shapes and colors, which will be internally
illuminated.
ARTIST
The artist, Terry Thommes, is a local sculptor. Thommes’ works of art are currently being shown
in various museums, as well as in public and private spaces such as the 31 piece for Implant
Innovations within the Northcorp PCD (please see attached artist resume).
ART IN PUBLIC PLACES ADVISORY BOARD
The Art in Public Places (AIPP) Advisory Board reviewed the subject petition on November 15,
2005. The AIPP Advisory Board praised the proposed art, welcomed its presence adjacent to
PGA Boulevard, and voted 7-0 to recommend approval to the City Council.
CITY COUNCIL
The City Council reviewed the subject petition on January 5, 2006, and continued the item to the
January 19, 2006, meeting. The City Council postponed the petition because the title of the
resolution referred to the existing name of the development (Midtown PUD), and not the
previous name (Borland Center PUD) after a request was made by resident Vito Defi-ancesco.
The City Council stated that they wanted to provide adequate identification of Resolution 6,
2006 to all residents, which may have not been aware of the name change.
The City Council also requested the applicant to confirm the exact distance of the art piece from
PGA Boulevard (a minimum of 25 feet), and the exact angle of sculpture’s base. The applicant
will be providing this information at the January lgth meeting. The City Council was also
concerned with the art piece and its ability to withstand hurricane force winds. The applicant
responded that the sculpture will be engineered to withstand hurricane force winds. Staff has
included a condition of approval requiring the applicant to submit documentation prior to
installation, for the City’s review and approval, verifying its ability to withstand Category five-
plus wind speeds.
STAFF RECOMMENDATION
The petitioner has satisfied the requirements established in the City’s LDRs relating to the
provision of Art in Public Places. Staff recommends approval of Resolution 6, 2006, with the
conditions provided therein.
3
Date Prepared: December 7,2005
Revised: January 5,2006
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RESOLUTION 6,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FORTHE MIDTOWN PLANNED UNIT DEVELOPMENT (PUD)
(FORMERLY KNOWN AS THE BORLAND CENTER PUD), WHICH IS
LOCATED ALONG THE NORTH SIDE OF PGA BOULEVARD
BETWEEN GARDENSSQUARE BOULEVARDANDSHADYLAKES
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 5, 2004, the City Council approved the master plan for the
Midtown PUD through the adoption of Resolution 92, 2004, thereby allowing the
development of 64,533 square feet for a cultural center and church facilities, 64,025 square
feet of retail space, 19,950 square feet of restaurant space, 10,900 square feet of office
space, and 225 residential units on an approximately 47-acre site, which is located along
the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes
Drive; and
WHEREAS, Lucy Keshavarz on behalf of Borland Center Owners Association Inc.,
has submitted a petition (AlPP-05-09-000005) to the City’s Growth Management
Department requesting approval of the proposed Art in Public Places for the Midtown PUD;
and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on November 15, 2005, the Art in Public Places Advisory Board
reviewed said application and recommended its approval (7-0) to the City Council; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed Art in Public Places
for the Midtown PUD located on the following described real property:
Date Prepared: December 7,2005
Resolution 6,2006
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LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
EAST; WITHIN THE MUNICIPAL LIMITS OF THE E CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 1,
TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST RIGHT-
OF-WAY LINE OF MILITARY TRAIL; LESS AND EXCEPTING THEREFROM THE PLAT
OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34,
AT PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY OF THE WESTERLY
ELONGATION OF THE NORTH LINE OF SAID PLAT OF GARDEN LAKES AND
GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS
THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER (SW %) OF SAID SECTION 1 ,
ALSO LESS THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1378,
AT PAGE 145, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO LESS
THE LAND CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM
RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR PGA BOULEVARD RIGHT-OF-WAY;
BEACH COUNTY, FLORIDA BY THE RIGHT-OF-WAY DEED RECORDED IN OFFICIAL
CONTAINING 2,052,098 SQUARE FEET OR 47.1 10 ACRES, MORE OR LESS.
SECTION 3. Said approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1. Reliance Elevations, Plain View, Artist’s Sketch, and Site Plan prepared by Terry
Thommes and the Borland Center Owners Association Inc., received and
stamped by the City on October 31, 2005.
2. Reliance site plan and landscape plan, prepared by Cotleur & Hearing, received
and stamped by the City on October 31 , 2005.
SECTION 4. This art approval shall comply with the following conditions, which shall
be binding upon the Applicant, its successors, assigns, and/or grantees:
1. The Applicant shall be responsible for the maintenance of the works of art, and
such maintenance responsibility shall be reflected in the POA documents.
(Planning & Zoning)
2. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning & Zoning)
2
Date Prepared: December 7,2005
Resolution 6, 2006
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3. Prior to the issuance of the final Certificate of Occupancy for the non-residential
portion of the project, the Applicant shall install all proposed artwork approved
for the site. (Planning & Zoning)
4. Prior to the issuance of the building permit for the installation of the artwork, the
Applicant shall submit a copy of its corporate logo and any mission statement of
its organization, with authorization for the City to use such information in future
publications. (Planning & Zoning)
5. Graffiti-proof spray-on paint shall be utilized on all stucco areas of the “Reliance”
sculpture. (Planning & Zoning)
6. Prior to the installation of the artwork, the Applicant shall submit documentation
for the City’s review and approval, which indicates the proposed artwork will
withstand Category 5-plus winds. (Planning & Zoning, Building Department)
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant‘s agents at any workshop or public
hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: December 7,2005
Resolution 6, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlC I EN CY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorneykttorney-share\RESOLUTIONS\AIPP - midtown - reso 6 2006-as amended 1 -5-06.doc
4
Borland Center Owners Association, Inc
AIPP timeline to date
March 29,2004
AIPP location workshop AIPP Committee
June, July & August
RAM-PBCC develop AIPP direction & call to artists
August 25,2004
Call to Artists review with AIPP Committee
August 27 - October 15,2004
Call to Artists
November 17,2004
AIPP location review with new AIPP Advisory Board
October, November, December
RAM-PBCC selection process - sculptor Terry Thommes chosen
January - May, 2005
Development of AIPP conceptual drawings
Mav 17,2005
Portfolio review - sculptor Terry Thommes
& conceptual drawings review
May - September, 2005
Refinement of Sculpture
September 20,2005
Preliminary submittal to AIPP Advisory Board for input
September/October 2005
Terry Thommes completes scale drawings and scale model
Complete design of Bruce E. Borland Memorial Plaque
Revise landscape & plaza around “Reliance”
Lighting design completed for “Reliance”
Engineer drawings completed for “Reliance”
Final submittal package completed end of October
November 15,2005
Submittal to AIPP Advisory Board for final recommendation
December 2005 /January 2006
To City Council for approval
February - August / September 2006
Fabrication of public art
Building permit for public art
Installation of public art
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October 28,2005
L AIPP ADVISORY BOARD
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 334 10
4
Re: Borland Center for Cqmmunity Enrichment - Midtown
Art in Public Places
Final Recommendatidn Request
Dear AIPP Advisory Board Members:
On behalf of the Borland Ce ter Owners Association Inc., it is my pleasure to
submit the enclosed informa on for your review and request a positive final
recommendation to the City i ouncil of Palm Beach Gardens for the proposed
public art. Our excitement oqer this proposed sculpture continues to grow. art &cultural
programming
design and
consulting
Please find the followinpr infiirmation enclosed for review Drior to the AIPP
Advisory Board Meeting: I
Project Site & AIPP cation
0 Colored Front Eleva * n “Reliance” Sculpture
Colored Plan View “ eliance” Sculpture
Artist’s Sketch Plaza f ite & Location of Sculpture
0 Site Plan Plaza Area qAD Format
colored Landscape plan plaza Site
Artist’sResume
Public art budget infiobation
As you will see by the enclosled drawings, the color and approximate size of glass
has been indicated in the fio t elevation and plan view drawings. Glass inserts
will be cut in various sizes. k e size of the glass prior to being cut into shapes is
8” x 12” x 1” and the artist p$ms to use the maximum amount of height and width
when having the glass cut intp shapes. On a human scale this size will be
intriguingly large. Glass of ‘s thickness will contain air bubbles, which at human
scale will add an interesting y: xture. The glass shapes may seem small in the
drawings, however please ke$p the glass measurements in mind as well as the
overall monumental size ofqe sculpture.
Also, you will notice in the
of the sculpture has been
suggestion of some AIPP
of the sculpture that the “arrow” at one end
members at the Septemher 20,2005 I,
a soften feature added. This was a
4*
66 St. James Drive
PalmBeachGardens
Phondfax: (561) 622-989
Florida 33418 eeting.
I
We hope that everyone has made it through the recent hurricane in good health
and with a dry roof over head! We are in the process of fully accessing the affect
the hurricane has had on the overall project timeline and will have an updated
timeline to share with members at the meeting on November 15,2005. We are
very excited by the proposed sculpture and the plaza area designed to enhance this
inspiring work of art. I look forward to meeting with the members of AIPP
Advisory Board to fully review this request.
Sincerely,
Lucy M. F. Keshavarz
Arts Consultant to Borland Center Owners Association Inc.
Enclosures
i
TERRY THOMMES
EDUCATION
MFA in Sculpture, University of Georgia, 1980. Studied under John Kehoe, James Knecht, Larry
Millard, & William Thompson
BFA in Sculpture and Metalsmithing, Western Michigan University, 1978. Studied under Gerald
Dumlao, Paul Mergan, and Dwayne Lowder
EDUCATIONAL GRANTS, FELLOWSHIPS, AWARDS
University of Georgia, Art Fellowship for Independent Study in Italy, 1979
MFA Studies Abroad Scholarship, University of Georgia, Cortona, Italy, 1978
MFA Ford Foundation Grant, University of Georgia, 1977
Ford Foundation Grant, Western Michigan University, 1975
International Kinetic Art Competition Winnermetherlands)-Third Place Award 2003
Art in the Park, Key West, Florida, Best sculpture viewed from air, 2004
ACADEMIA-TEACHING
Instructor, Lighthouse Center for the Arts, Tequesta, Florida, 2005
Director, Art Workshops of Tuscany-Arezzo, 2003- present
Sculpture Area Chair, Armory Art Center, West Palm Beach, 2000-2003
Instructor, Armory Art Center, West Palm Beach, 1999-2000
Adjunct Instructor, Florida Keys Community College, 1997
Assistant Professor of Sculpture, University of Georgia, 1993
AFFILIATIONS
College Art Association, New York, New York
International Sculpture Center, Washington, D.C.
Florida Artist Registry, Tallahassee, Florida
Martin County Arts Council. Stuart, Florida
Palm Beach Cultural Consortium, West Palm Beach, Florida
SELECTED EXHIBITIONS
Harrison Gallery, Current Flotsam, Key West Florida 2005
Cultural Courthouse Gallery, Boat Show, Martin County, Florida 2005
Sculpture Key West, Fort Zachary Taylor, Key West, Florida 2005
Karen Lynne Gallery, Thommes and Borgerding, Boca Raton, Florida 2004
Art Basel-Miami, Miami, Florida 2004
Art in the Park, Ft Zachary Taylor, Key West, Florida 2004
Florence Biennale, Florence, Italy 2003
Art Basel, Basel, Switzerland 2003
Art in Motion, Netherlands, 2003
Art Workshops of Arezzo 2003, Arezzo, Italy
Art in the Park, Fort Zachary Taylor, Key West, Florida 2003
Soh0 Arts South, Recent Works, Palm Beach, Florida, 2003
Nature Conservancy, Blowing Rocks Preserve, Jupiter, FL 2003
Lucky Street Gallery, Group Exhibition, Key West, Florida 2002
Contemporary Artists of Florida, Group Show ,City of Adventura, Florida 2002
MCAA Cultural Galleries, Two Person Exhibition Stuart, Florida 2002
Northport Gallery, Solo Exhibition,Northport, Michigan, 2002
DeBilzan Gallery, Group Exhibition, Santa Fe, New Mexico 2002
Soh0 South, 4 person Exhibition, Palm Beach, Florida 2002
Lucky Street Gallery, Thommes and Buckheim, Sculpture and Paintings, Key West, Nov, 2001
Northport Gallery, Implications, 2 person show, Northport, Michigan 2001
Armory Art Center, West Palm Beach, 200 1
Inside-Outside, Guadalupe Fine Art, Santa Fe, New Mexico 2000
Ann Norton Sculpture Gardens, West Palm Beach, Florida 2000
Martin County Cultural Center Galleries, Stuart, Florida 20000
Armory Art Center, West Palm Beach, Florida 2000
Solo Exhibition, PELAGIC DRIFT, Lucky Street Gallery, Key West, Florida 1999
Art in the Park Outdoor Sculpture Exhibition, Fort Zachary Taylor, Key West, Florida 1999
Solo Exhibition, PELAGIC WEIRS, Guadalupe Fine Art, Santa Fe, New Mexico 1999
5th Annual Spiritual Art Exhibition, Guadalupe Fine Art, Santa Fe, New Mexico 1998
Art in the Park, Fort Zachary Taylor, Key West, Florida 1998
ARS EROTICUS, Woodenhead Gallery, Key West Florida 1998
Neovo, Guadalupe Fine Art, Sante Fe, New Mexico 1998
Hortt 39 Exhibition, Ft. Lauderdale Museum of Art, Ft. Lauderdale, Florida 1997
Solo Exhibition, Castello di Gargonza, Monte San Savino, Arezzo, Italy. July 1997
Solo Exhibition, Gallery on Greene, Key West, Florida. April 1997
Gasparilla Exhibition, Tampa, Florida 1997
Art in the Park Outdoor Sculpture Exhibition, Key West, Florida 1996
Gallery on Greene Group Exhibition, Key West, Florida 1996
Hortt 38 Exhibition, Ft. Lauderdale Museum of Art, Ft. Lauderdale, Florida 1996
Group Show, Soh0 Gallery, Pensacola, Florida 1996
Six Artists, Eye of the Lizard Gallery, Vero Beach, Florida 1996
Images 96, New Smyrna Beach, Florida 1996
Group Exhibition, Lucky Street Gallery, Key West, Florida 1996
Solo Exhibition, Florida State Capitol Complex Gallery, Tallahassee, Florida 1995
It’s All Relative, Gallery Mesa, Mesa, Arizona 1995
Two Person Exhibition, Goodwin & Thommes, Lucky Street Gallery, Key West Florida 1995
Group Show, Eye of the Lizard Gallery, Vero Beach, Florida 1995
National Sculpture Show, Rockafeller Gardens, Ormond Beach, Florida 1995
SELECTED COLLECTIONS
Terrence McNally, New York, New York
Tim Allen, Sherman Oaks, CA
Whitney Houston, Englewood Cliffs, New Jersey
Jacqueline and Roland Grim, Key West, Florida
Knox Collection, Stamford, Conneticut
Ben and Ellen Levy, Albuquerque, New Mexico
Phil and Mary Shannon, Cumming, Georgia & Summerland Key, Florida
Castello Di Gargonza, Monte San Savino, Arezzo, Italy
Count Roberto Guiaciardini, Florence, Italy
Dr. Jorge Oti, Santa Fe, New Mexico
Hellmich Collection ,Knokke, Belgium
Kevin Avants, Sank Fe, New Mexico
Jan Van Duppen, Beerce, Belgium
Leonessi Collection, Arezzo, Italy
Paolo Berti, Arezzo, Italy
Heinz Collection, Marathon, Florida
Cornerstone Sculpture Collection, Greenwich, Connecticut
Redstone Collection, Needham, Massachusetts
Sal Micca, Winchester, Connecticut
McKenzie Collection, Greenbrae, California
Goldman Collection, Swampscott, Massachusetts
Birer Collection, Ft. Lauderdale, Florida
SELECTED COMMISSIONS 1995-present
3i Implant Innovations, Palm Beach Gardens, Public Sculpture, 2005
Katherine Dunne, Bronze Gates and Garden Entries, 2004
Tina and Robert Kraft, Bronze Gates and Entrys, Bronze Vanes, 2003-2004
Port Salerno Fire Station, Bronze Public Sculpture, Stuart, Florida, 2002
Linda Dove Design, Metalsmithed Bronze Firescreen, Tequesta, Florida 2001
Burrage Residence, Custom Art Gate, Florida Keys, 2001
Carolyn Smith, Bronze and Brass Railings, Jensen Beach, Florida 2000
Phil Shannon, Bronze Gates and Lamps, Summerland Key, Florida 2000
Bauer Residence, Bronze, Brass, Copper and Keystone Entry Gates and Entrance, 1998
Mary Shannon , Bronze and Concrete Sculpture, Bronze Gates, Cumming, Georgia 1998
Lutheran Outdoor Ministries Florida, 17 Ton Stone Installation, Gainesville, Florida 1998
Denise Brown, Sugarloaf Key, Florida. Bronze Gates, Bronze Lamps, Interior Sculpture 1997
Byron Hochausser, Boca Raton, Florida. Bronze & Granite Sculptural Furniture 1996
Blue Heaven Restaurant, Key West, Florida. Corten Steel Entry & Pedestrian Gates (painted) 1996
Dr. Daniel Gill & Dr. Francesca Brettschneider, Big Pine Key, Florida. Bronze Gates, Doors 1996
Dr. Fred & Meridith Troxel, Big Pine Key, Florida. Outdoor Sculpture 1995
Dr. Daniel Gill, Big Pine Key, Florida. 8' Carved Marble Outdoor Sculpture 1995
Shark Key Development Corp., Shark Key, Florida. Bronze Entry Gates, Bronze Pedestrian Gates
John & Maribel Maschall, Sugarloaf Key, Florida. Bronze Entry Lamps
Dee Hardin, New York, New York. Carved Marble Heads
Jean Hellmich, Knokke, Belgium, Carved Marble Heads
Dr. Fred Troxel, Big Pine Key, Florida Carved Marble Heads
Richard McKenzie, Greenbrae, California. Carved Marble Couple
PUBLIC WORK
3i Implant Innovations, Palm Beach Gardens, Florida
Plaza Resulana, Santa Fe, New Mexico
Port Salerno Fire Station, Port Salerno, Florida, Bronze
Western Michigan University, Sculpture Tour, Kalamazoo, Michigan, Metal and Concrete
Castello di Gargonza, Monte San Savino, Italy
Florida Keys National Marine Sanctuary, Large Underwater Environmental Concrete Sculptures
Bahama Village, City of Key West, Florida. Welded Corten Steel Gates
Marathon Regional Airport, Marathon, Florida. Welded Wall Relief
BIRTHPLACE:
RESIDENCE:
Plainfield, New Jersey, USA 1953-
6 185 S W Gaines Avenue
Stuart,Florida 34997 USA
Tele: 772-286-2386
Fax: 772-220-4797
Final Recommendation Request - AlPP Borland Center Owners Assoc. Inc
Budget Information 1 5-NOV-05
AIPP Budget - $160,000.00
Costs of proposed AlPP
Reliance by Terry Thommes (Includes design, fabrication, installation of sculpture $1 45,000
by artist. Artist to subcontract engineering and lighting.)
plaza design
plaza hardscape
plaza landscape
electrical to sculpture
Art Specific Site Work:
Memorial Plaque
Arts Consulting Fee $24,000
Total $194,000
$5,000
$10,000
$5,000
$2,000
$3,000
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t E 8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 15,2005
Meeting Date: January 19,2006
Resolution 10,2006
SUBJECT/AGENDA ITEM
Resolution 10,2006: Art in Public Places - First NationalCenter
Consideration of Approval: A request by Mr. Brian Cheguis, of Cotleur & Hearing, Inc., on
behalf of Foxtrot, November, Charlie, LLC, for approval of the Art in Public Places for First
National Center (Parcel 27.03), which is within the Regional Center Development of Regional
Impact (DRI). The approximately 5.59-acre site is generally located at the northwest corner of
the intersection of PGA Boulevard and Kew Gardens Avenue.
[ ]Recommendation to APPROVE
JXl Recommendation to DENY
Reviewed by:
Finance
Administrator
Allan Owens
Development
Compliance 15 0
Bahareh Keshavarz-Wolfs,
AICP
Approved By:
Originating Dept.:
Growth Management:
Manager
Nina Nikolova
Planning Specialist
[XI Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ ] Required
[XI Not Required
Affected Parties:
[ ]Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
!$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other3
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
[ ] Continued to:
Attachments:
Resolution 10, 2006
Proposed artwork
0 Application Summary
Project Budget
Breakdown
Site Plan - art
location
Artist Information
0 Foundry Information
Escrow Letter
Landscape plan
Sculpture Plan view,
Base Elevation, and
Art location
Light fixtures details
F . Date Prepared: December 15,2005
Meeting Date: January 19,2006
Resolution 10,2006
Page 2 of 3
EXECUTIVE SUMMARY
The subject request is for approval of the art in public places for First National Center (Parcel
27.03), which is located within the Regional Center Development of Regional Impact (DRI).
The proposed art is a sculpture of two marlins mounted on a granite base. The AIPP Advisory
Board voted 7-0 to recommend denial of the proposed art on September 20, 2005. Staff
recommends denial of Resolution 10, 2006. Should City Council grant approval of Resolution
10,2006, staff recommends four conditions of approval.
BACKGROUND
On November 6,2003, the City Council adopted Resolution 181,2003, which approved a 68,000
square-foot office building, including a 4,000 square-foot bank with three drive-through lanes on
Parcel 27.03 of the Regional Center Development of Regional Impact (DRI). The subject site
has a future land-use designation of Professional Office (PO) and a zoning designation of
Planned Community District (PCD) Overlay, as well as a Professional Office land-use
designation on Map H of the Regional Center Development of Regional Impact (DRI).
In accordance with Section 78-262 of the Land Development Regulations, entitled Art in Public
Places, Fee Imposed on Development, all budgets for new construction of private and public
developments shall include one percent (1%) of the total budget for vertical construction as a fee
for art in public places. The subject fee shall be used by the developer for the provision of
artwork on the project site, or the developer may choose to contribute one percent (1%) of the
total vertical construction costs directly to the City for the provision of art on public property.
Under the provisions of Section 78-261(a)(l) of the City’s Land Development Regulations
entitled Deposit of Funds, prior to the issuance of a building permit on-site, the petitioner is
required to place $42,500 into an escrow account, which represents one percent (1%) of the
estimated total cost of vertical construction on-site (please see the attached project budget
breakdown). The applicant has placed $50,000 in escrow (please see the attached escrow letter).
For your information, on March 17, 2005, a bronze sculpture of a Florida panther entitled Lion
Around, proposed for the Northcorp Lot 4 project, was brought before the City Council for
review and approval. During the discussion, the City Council gave specific direction that there is
a sufficient number of animal art pieces in existence throughout the City, and therefore, future art
should not include representations of animals. The City Council approved the Lion Around
sculpture on April 7, 2005, as well as a bronze sculpture of an elephant, entitled Coming to Bear,
for Hood Road Center on April 21, 2005, both of which were granted recommendations of
approval by the Art in Public Places Advisory Board prior to Council’s March 17, 2005
direction. Since that date, the Art in Public Places Advisory Board has been following the City
Council’s direction.
PROPOSED ART IN PUBLIC PLACES
Location
The proposed art work, as shown on the site plan, is in close proximity to the southwest comer of
the office building and will be located immediately adjacent to the 55’ PGA Boulevard landscape
buffer (please see attached site plan, and location plan).
Art
The bronze sculpture, entitled “Two Marlins,” is approximately 70”H x 46”L x 40”W and
weighs 595 lbs (please see attached image and location maps). It will be mounted on a granite
base that is approximately 4”H x 3”W. At night, the sculpture will be illuminated via down
lighting from spotlights mounted on three specimen live oaks, as well as by bollard light fixtures
surrounding the art.
Artist
Piero Bertelli is a Florentine sculptor who was hired by the “Marinelli” foundry in Florence at
the age of fifteen. Piero Bertelli’s work is permanently displayed at the Peter Bazzanti & Son
Art Gallery in Florence (please see attached artist resume and foundry information).
ART IN PUBLIC PLACES ADVISORY BOARD
The Art in Public Places (AIPP) Advisory Board reviewed the subject petition on October 18,
2005. The AIPP Advisory Board questioned the appropriateness of the art and its location. The
AIPP Advisory Board stated that the art should be larger in size and located closer to PGA
Boulevard so that it could be more visible to vehicular passers-by. Furthermore, the AIPP
Advisory Board followed City Council’s direction that future art should not include
representations of animals, and voted 7-0 to recommend denial to the City Council.
STAFF RECOMMENDATION
The petitioner has satisfied the requirements established in the City’s LDRs relating to the
provision of Art in Public Places. However, the City Council gave direction at the March 17,
2005, meeting that future art should not include representations of animals. Therefore, staff
recommends DENIAL of Resolution 10,2006.
~ *. . Date Prepared: December 15,2005
Meeting Date: January 19,2006
Resolution 10,2006
Page 3 of 3
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RESOLUTION IO, 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR FIRST NATIONAL CENTER (PARCEL 27.03), WHICH IS
WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL
IMPACT (DRI) LOCATED ON THE NORTHWEST CORNER OF THE
INTERSECTION OF PGA BOULEVARD AND KEW GARDENS
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on November 6,2003, the City Council adopted Resolution 181,2003,
which approved a 68,000-square-foot office building, including a 4,000-square-foot bank
with three drive-through lanes on Parcel 27.03 of the Regional Center Development of
Regional Impact (DRI). The subject site has a future land-use designation of Professional
Office (PO) and a zoning designation of Planned Community District (PCD) Overlay, as
well as a Professional Office land-use designation on Map H of the Regional Center
Development of Regional Impact (DRI); and
WHEREAS, Mr. Brian Cheguis, on behalf of Foxtrot, November, Charlie, LLC, has
submitted a petition (AIPP-05-07-000003) to the City’s Growth Management Department
requesting approval of the proposed Art in Public Places for the First National Center
(Parcel 27.03); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on October 18,2005, the Art in Public Places Advisory Board reviewed
the application and recommended its denial to the City Council with a 7-0 vote; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed Art in Public Places
for First National Center (Parcel 27.03) located on the following described real property:
Date Prepared: December 15,2005
Resolution 10.2006
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LEGAL DESCRIPTION:
PARCEL 27.03
A PARCEL OF LAND SITUATED IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
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 CENTER OF SAID SECTION 6, THENCE SOUTH 88’45’08’’
DISTANCE OF 1,093.59 FEET; THENCE NORTH OI”14’52” EAST, AT RIGHTANGLES
EAST, ALONG THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 6, A
TO THE PRECEDING COURSE, A DISTANCE OF 82.00 FEET TO THE NORTH RIGHT-
OF-WAY LINE OF P.G.A. BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK
4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND A
POINT ON THE BOUNDARY OF THE PLAT OF THE GARDENS MALL AS RECORDED
IN PLAT BOOK 70, PAGES 20 THROUGH 22, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL.
THENCE NORTH 43’40’03” WEST, ALONG SAID BOUNDARY OF THE GARDENS
MALL, A DISTANCE OF 35.41 FEET; THENCE NORTH 01’25’01” EAST, CONTINUING
ALONG SAID BOUNDARY, A DISTANCE OF 167.93 FEET; THENCE SOUTH 88’34’59”
EAST, A DISTANCE OF 165.49 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 225.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 24’49’1 8”, A DISTANCE OF 97.47 FEET; THENCE NORTH 66’35’43” EAST,
A DISTANCE OF 487.89 FEET; THENCE SOUTH 29”09’19” EAST, A DISTANCE OF
57.23 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 37’12’25”, A
DISTANCE OF 97.41 FEET; THENCE SOUTH 66’21’44” EAST, A DISTANCE OF 41.84
FEET; THENCE SOUTH 22’58’41” EAST, A DISTANCE OF 48.08 FEET TO A POINT ON
OFFICIAL RECORD BOOK 5072, PAGE 354, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AND A POINT ON A CURVE CONCAVE TO THE EAST, HAVING A
RADIUS OF 585.87 FEETAND FROM WHICH A RADIAL LINE BEARS SOUTH 69’35’38”
EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 18’59’24”, A DISTANCE OF 194.18 FEET; THENCE SOUTH
DISTANCE OF 26.17 FEET; THENCE SOUTH 46’1 9’57” WEST, A DISTANCE OF 56.49
THE WEST RIGHT-OF-WAY LINE OF KEW GARDENS AVENUE AS DESCRIBED IN
01 “25’01” WEST, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, A
FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY LINE OF P.G.A.
BOULEVARD; THENCE NORTH 88‘45’08” WEST, ALONG SAID NORTH RIGHT-OF-
WAY LINE, A DISTANCE OF 567.12 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF P.G.A. BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK
5292, PAGE 1767, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
2
Date Prepared: December 15,2005
Resolution 10, 2006
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NORTH 84’49’40” WEST, A DISTANCE OF 175.34 FEET; THENCE NORTH 88’45’08’’
WEST, CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
22.03 FEET TO A POINT ON THE AFORESAID NORTH RIGHT-OF-WAY LINE OF P.G.A.
NORTH 88’45’08”WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK4442, PAGE 856; THENCE
1.93 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SECTION 3. This approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1. “Two Marlins” photograph, received and stamped by the City on December 14,
2005, page 1.
2. First National Center Sculpture Plan View, Location Plan, and Sculpture and
Base Elevation, prepared by Alan Strassler Architects, Inc., received and
stamped by the City on December 14, 2005, Sheet 12.0.
3. First National Center Option B Landscape Plan, and Landscape Point
Calculations, prepared by Cotleur & Hearing, received and stamped by the City
on December 14,2005, Sheet 3 of 4.
4. First National Center Art Lighting Fixtures, details EL740 and B810, received
and stamped by the City on September 8,2005, pages 1 and 2.
SECTION 4. This art approval shall comply with the following conditions, which shall
be binding upon the Applicant, its successors, assigns, and/or grantees:
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In accordance with Resolution 181, 2003, the Art in Public Places shall be
installed prior to the issuance of the first Certificate of Occupancy on site.
(Planning & Zoning)
The Applicant shall be responsible for the maintenance of the works of art, and
such maintenance responsibility shall be reflected in the POA documents,
which shall be furnished to the City for review and approval prior to the
issuance of the first Certificate of Occupancy on site. (Planning & Zoning)
The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning & Zoning)
Prior to the issuance of the building permit for the installation of the artwork,
the Applicant shall submit a copy of its corporate logo and any mission
statement of its organization, with authorization for the City to use such
information in future publications. (Planning & Zoning)
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Date Prepared: December 15,2005
Resolution 10, 2006
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant's agents at any workshop or public
hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COU NC I LM EM B E R LEVY ---
COUNCILMEMBERVALECHE ---
COU NCI LM EM B ER BARN ETT ---
G:\attorney-share\RESOLUTlONSWIPP - First Natl Cntr - res 10 2006.doc
4
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/
Art In Public Places
First National Center
I
Proposed Artwork
\
ClN OF PAM 6CM GW
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PLANNING & ZONING DIV
“Two Marlins”
Fontana dei Tre Storioni, 1969,
The Fonderia Artistica Ferdinand0 Marinelli, Florence, Italy
Application Summary
This application introduces the proposed artwork for the First National Center (Parcel
27.03 Regional Center DRI).
First National Center consists of a 68,000 Square Foot Office Building, including a 4,000
Square Foot Bank on a 5.59-acre site. The included site plan was approved by way of
Resolution 18 1,2003.
Piero Bertelli created the bronze statue of “Two Marlins” in 1988, at The Fonderia
Artistica Ferdinand0 Marinelli in Florence, Italy.
Dimensions
p
L. t- a
The Bronze Statue, “Two Marlins” is dimensionally (in inches) 46” x 40” x 70” and
weighs 595 lbs.
Schedule of Requirements and Costs
Cost of Construction
AIPP - One Percent (1 %) of Building Cost
Purchase Price of Artwork
Cost of Mounting & Landscaping (Time & Material)
Total Costs
Additional Cost (Beyond Requirement)
$4,250,000.00
$ 42,500.00
$ 32,500.00
$ 25,000.00
$ 57,500.00
$ 15,000.00
' 4. -3
'.
x
Abstract
The Fonderia Artistica Ferdinand0 Marinelli is the only remaining artistic foundry in Florence.
Founded in 1910, it gained immediate fame for the quality and craftsmanship of its bronze
casts, using the lost wax system and the same hand-finishing technique as the Florentine
Renaissance sculptors.
The Foundry's cast work includes, the Holy Door of Saint Peter's Cathedral at the Vatican, the
Monumental Stairs of the Vatican Museums, monuments for the US Department of Defence,
the monumental horses at the Arlington Memorial Bridge in Washington, D.C., the "The
Pioneer's Cart" monument in Montevideo (Uruguay), the Monumental Fountain for the Broncos
Stadium in Denver Colorado, the Kremlin restoration in Moscow and many others.
Please find included as resume exhibits:
. The Kremlin, MOSCOW, Russia . The Holy Door of Saint Peter's Cathedral, Vatican, Rome
Monumental Stairs of the Vatican Museum
,.
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'r
The Holy Door of Saint Peter's Cathedral, Vatican, Rome
The door (below) is the central entrance of S. Peter's Cathedral. It is called the "Holy Door"
and, since the Middle Ages, it has only been opened during the Jubilees.
When Pope Pius XI1 celebrated the mid-century Jubilee (1950) he substituted the old wooden
door with a new bronze one.
He commissioned it to the sculptor Vico Consorti from Siena and wanted the casting and
chiseling of the "Holy Door" assigned to the "Marinelli" foundry of Florence, credited supplier of
the Vatican and of the Vatican Museums.
t A
I
I. ,
.
The Kremlin, Moscow, Russia
The most important Italian artisans received commissions for the reconstruction of S. Andrew
and S. Alexander Halls at the Kremlin, Moscow, both destroyed by Stalin during the Russian
Revolution.
The "Marinelli" foundry was entrusted with the commission for the works in bronze. The
foundry made the models and the castings of the sculptures, huge chandeliers and wall-lamps,
as well as monumental fireplaces both in bronze and in marble.
.- i e:. '
K.' '
I. ,
Monumental Stairs of the Vatican Museum
When in the late '20s Pope Pius XI commissioned the project for the rearrangement of the
Vatican Museums complex, he wanted to make a big monumental bronze staircase and he
entrusted the sculptor Maraini with the creation of the model and the "Marinelli" foundry with
the casting of the bronze. Mr Marinelli Sr, who had already successfully made big monumental
works, received, with this superlative work, the consecration as the most important Italian
artistic foundry.
. ....
'_
,':
September 30,2004
City of Palm Eeach Gardens
Building Department
10500 N. Military Trail
Palm Beach Gardens F133410
Re: Art in Public Places Escrow Account for First National Centre project #283
To Whom It May Concern:
Please be advised that First National Bank & Trust Company of the Treasure Cost, a
national banking association, ("Bank") has established an escrow account solely for the
purpose of meeting the Art In Public Places requirement for the above referenced project
for an mount up to fifty thousand dollars ($50,000.00). The Bank is financing this
project, and the Art in Public Places requirement is included in the cost budget for the
project. Funds will be released from the escrow account upon evidence that the project
owner has made an acquisition that satisfies thc requirement.
Thank you, in advance, for your consideration and acceptance of this letter.
Sincerely,
qean Strickland
President, Palm Beach County
First National Bank & Trust Company of the Treasure Coast
1001 N. U.S. Highway 1 Suite 710 Jupiter, Florida 33477
56W41-4830 Fax 561/741-4835 ?bll Free 8661'955-3855
TUTfL P.02
First Na tiona/ Center
Parcel 2 7.03 Uegional Center DUl
Palm Beach Gardens, F/or/ia
I
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-1 THE GARDEN YAU.
KIM LIGHTING
Type BB
EL740
* Housing: Die-cast aluminum body, lamp housing and socket enclosure.
Swivel:Die-cast aluminum with locking teeth and 1/2" solid aluminum NPT mount.
Provides 3 58 degrees horizontal rotation independent of the threaded mount. Swivel
locked by 1/4-20 stainless set screw.
Lens Ring: Integral die-cast aluminum lens ring and glare shield.
* Gaskcting: Silicone gaskets used throughout.
* Socket: Nickel plated aluminum/porcclain socket. 4KV pulse rated.
* Wiring: 18AWM rated 105 degrees Celcius
* Certification: UL Listed to US. and Canadian safety standards for wet locations. Fixture
* EL 740 Lamp 12OV PAR 38 150W max.
*
*
manufacturer shall be registered to IS0 9001
Item Number:
EL740
Options:
Finish Color Rlack(RL)
Dark Bronze( DR)
Verclc Grecn(GR)
W hitc( W H)
CITY OF PALM BCH GDNS
.I. . ' os LGLJ
PLANNING & ZONING DIV
-;,fir
L 01 2-318"-
OPTIONAL LIGHTED TOPS
qU ElL6 I
CAC Clear Acrylic 0 QT
CPC Clear Polycarbonate 0 (Quad Tap 120,208,240,277)
WAC White Acrylic TT (Tri Tap 120,277,347) 0
WPC White Polycarbonate 0 Please circle connected
voltage. If none is indicated, fac-
tow will ore-wire at 720V
IGHT SOURCE I e <.
120V Reactor 0
50 - 100 MH UMH
480 Single
35-100HPS - w 0 (HPS only, in most wattages) o
28PLC Fluorescent - wo
INC Incandescent - wo
(800) 267-3175 (905) 238-2648
1280 Fewster Drive Mississauga
Ontario L4WlA4 Canada
Fax (905) 23fJ-9060
Email sales@hcilightlng.com
WEB www.hcl1ighting.com
IPTICAL SYSTEMS - -
BR glass refractor IES type 111
BR glass refractor IES type V
LV louver reflector IES type V
0
0
0
OC dual optical cone IES type V 0
(recommended for white diffusers only) BL bare lamp 0
EBl single 1" ID steel eye bolt
EB2 double 1" ID steel eye bolt
0
0
Lighted Bollard Ordering Sequence Example Non-lighted Bollard Ordering Sequence
BOLLARD -TOP - DIFFUSER - LIGHT SOURCE -VOLT. - OPTICS - OPTIONS - COLOR BOLLARD -TOP - OPTIONS - COLOR
E81 0- L1 - CAC - 50MH - 120V - BR-5 - E62 - RAL 901 1 B610- B - EB2 - RAL 9011
PECINCATIONS
DESCRIPTION: The bollard shall be HCl's (indicate model
lumber, see Ordering Sequence Example above). The bollard shall be
nade from aluminum 6"OD body with a welded aluminum base plate.
4 two-piece cast aluminum base cover shall be secured with stainless
steel hardware. The lighted bollard shall be equipped with a fixture head
3n top with a choice of light sources and optical systems. The head shall
be secured with four sls head socket screws. The non-lighted bollard
shall be equipped with a decorative cast top, which shall be permanently
Nelded to the bollard.
MATERIALS: The bollard, including the base covers, shall be made
from cast aluminum. The castings shall be of uniform wall thickness with
a minimum wall thickness of 0.200".
INSTALLATION: The bollard shall be provided with four 314OD x 17"L
L-type anchor bolts with two nuts and two washers per bolt, installed on
an 8-112" bolt circle. A sturdy steel template is included.
FINISH: All applicable parts shall receive a standard electrostatically
applied thermoset polyester powder coat smooth semi gloss finish with a
four part corrosion inhibiting process.
COLORS: The five standard RAL colors are Black 9011, Green 6005,
Bronze 8019, Grey 7012 and White 9016. Other colors extra.
I
I A Pineapple
ANCHORAGE DETAILS I
8-112'
BOLT CIRCLE 6" *
Q Half ball B Ball
47
.012-318" 4 '1
42"
24
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 21,2005
Meeting Date: January 19,2006
Resolution 11,2006
SUBJECT/AGENDA ITEM
Resolution 11,2006: Northcorp Corporate Park PCD - Master Signage Program
Consideration of Approval: A request by Kimberly Thaler of Cotleur Hearing, on behalf of John C.
Bills Enterprises, Ltd. / NorthCorp I11 Ltd., for approval of a Master Signage Program for
the Northcorp Corporate Park Planned Community Development (PCD), generally bounded by
the Gardens Station PUD to the north, Interstate 95 to the west, Burns Road to the south, and the
FEC Railway to the east.
[XI Recommendation to APPROVE with conditions
[ ] RecommendAtion to DENY
\
Reviewed by:
2ity Attorney
2hristine Tatu *
Finance
4dministrator
411an Owens
Development
Zompliance
41CP
Charles K. Wu, AICP
Approved By:
I I
RonaldM. erris ("
Originating Dept *
Planning Manager
[XI Quasi - Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
[ 3 Required
[XI Not Required
Affected Parties:
[ ]Notified
[XI Not Required
FINANCE: N/A
Zoosts: $ NIA
Total
$ NIA
Current FY
Funding Source:
] Operating
[XI Other-
Budget Acct.#:
NIA
Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
0 Proposed Sign
0 Site Plan and
Program
Landscape Plan
Date Prepared: December 21,2005
Meeting Date: January 19,2006
Resolution 11,2006
BACKGROUND
The NorthCorp Corporate Park Planned Community Development (PCD) was approved by the City
on January 18, 1990, through the adoption of Ordinance 1, 1990. The ordinance (1) united all lands
comprising the former RCA site into one development order; (2) provided an approval mechanism
for future petitions within the PCD; (3) assigned site-specific restrictions to certain lots; (4)
established maximum trip generations for the development; and (5) established time-certain
conditions of approval for certain road and drainage improvements.
Since the approval of the PCD, several lots therein have been developed. Current tenants within the
NorthCorp PCD include, among others: Southern Self Storage; Catalfumo; Wackenhut; Anspach;
Hilda Flack Interiors; Hampton Inn; Marriot; 31 Implant Innovations; Stayin’ Alive Fitness; Nova
University; WPBF Channel 25; and John C. Bills Properties.
LAND USE & ZONING
The Future Land Use Map of the City’s Comprehensive Plan designates the NorthCorp PCD as
Industrial (I). The site has a zoning designation of Planned Community Development (PCD).
PROJECT DETAILS
The applicant is proposing to install four (4) monument signs within the PCD and replace three (3)
existing directional bollard signs with new bollard signs. The proposed signs will provide for
identification of the NorthCorp Corporate Park to those traveling through the development.
Monument Signs
The applicant is proposing a monument sign in each of the locations shown below:
2
Date Prepared: December 21,2005
Meeting Date: January 19,2006
Resolution 1 1.2006
The proposed signs will be placed outside of the City right-of-way on private property at: the
southeast corner of NorthCorp Parkway and RCA Boulevard; the southwest corner of RCA
Boulevard and East Park Drive; the northeast comer of Riverside Drive and Bums Road; and the
northwest corner of East Park Drive and Burns Road. The signs will be six (6) feet, four (4) inches
tall and 15 feet wide and will contain the name and logo of the NorthCorp Corporate Park. The
signs will have a simulated cocquinna stone finish at the base and smooth texture stucco finish at
the top. The signs will be landscaped in accordance with the provisions of the City's LDRs.
15'-0" ,
13'-0" ,
12'-0" 4 -"
0
1 "
,
1'-0 3/8"
0 i 0'-9 1/4" , 0
Directional Bollard Signs
The applicant is proposing to replace three (3) directional
bollard signs existing within the median of NorthCorp Parkway
with the sign shown to the right.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
At its December 13,2005, meeting, the City's Planning, Zoning
and Appeals Board reviewed the subject petition and
recommended its approval by a vote of 7-0 as recommended by
staff.
STAFF RECOMMENDATION
I . . .. . I
b New Logo Program e appll'xi ""'T ,.x,mq
Kc-Paint III approvm
mlor program I
Optional applied dim / 395r addreas numkrs and
The applicant has satisfactorily addressed the concerns
previously raised by staff relative to the subject petition. Staff
recommends APPROVAL of Resolution 11 , 2006, subject to
the conditions listed therein.
3
Date Prepared: December 21,2005
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RESOLUTION 11,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A MASTER SIGN
PROGRAM FOR THE NORTHCORP CORPORATE PARK
PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY
BOUNDED BY THE GARDENS STATION PUD TO THE
NORTH, INTERSTATE 95 TO THE WEST, BURNS ROAD TO THE
SOUTH, AND THE FEC RAILWAY TO THE EAST, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the NorthCorp Corporate Park Planned Community Development
(PCD) was approved by the City on January 18, 1990, through the adoption of
Ordinance 1 , 1990; and
WHEREAS, the City has received a request by Kimberly Thaler of Cotleur
Hearing, on behalf of John C. Bills Enterprises, Ltd. / NorthCorp Ill Ltd., for approval of a
Master Signage Program for the NorthCorp Corporate Park Planned Community
Development (PCD), generally bounded by the Gardens Station PUD to the
north, Interstate 95 to the west, Burns Road to the south, and the FEC Railway to the
east, as more particularly described herein; and
WHEREAS, the subject has a Planned Community Development (PCD) Overlay
zoning designation and an Industrial (I) future land use designation; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that as conditioned it is sufficient and is consistent with the City’s Land
Development Regulations and the City’s Comprehensive Plan, and has recommended
approval thereof; and
WHEREAS, the City’s Planning, Zoning and Appeals Board reviewed the subject
petition at its December 13, 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 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.
Date Prepared: December 21,2005
Resolution 11,2006
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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 request by Kimberly Thaler of Cotleur Hearing on behalf of
John C. Bills Enterprises, Ltd. / NorthCorp Ill Ltd. for approval of a Master Signage
Program for the NorthCorp Corporate Park Planned Community Development (PCD) is
hereby APPROVED on the following described real property, subject to the conditions of
approval provided herein, which are in addition to the general requirements otherwise
provided by resolution:
LEGAL DESCRIPTION
LEGAL DESCRIPTION AS FOUND ON THE PLAT OF RCA BOULEVARD CENTER;
THE PLAT OF NORTHCORP CENTER; THE PLAT OF WEST PARK CENTER; AND
THE PLAT OF SOUTH PARK CENTER.
SECTION 3. Said Master Signage Program is approved subject to the following
conditions, which shall be the responsibility of the Applicant, its successors, or assigns:
1. Prior to the issuance of a building permit for the signs, the Applicant shall
publicly record easements at the locations of the signs dedicating the
maintenance of the signs and associated landscaping to the RCA Boulevard
Drainage Association, Inc. (Planning & Zoning)
2. The base for the new directional bollard signs shall be comprised of
simulated coquina stone finish. (Planning & Zoning)
SECTION 4. The master signage within the NorthCorp Corporate Park Planned
Community Development (PCD) shall be constructed in accordance with the following
plans on file with the City’s Growth Management Department:
1. Master Signage Program Site Plan and Landscape Plan: Sheets 1 through
4 of 4, prepared by Cotleur Hearing, received and stamped by the City on
December 21,2005.
2. Elevations: Sheets B2 & B4-1, prepared by Glen Welden & Associates,
Inc., received and stamped by the City on December 21 , 2005.
SECTION 5. Said approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
2
Date Prepared: December 21,2005
Resolution 11,2006
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PASSED AND ADOPTED this day of ,2006.
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 JABLIN
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
COUNCILMEMBERBARNETT
-- AYE NAY ABSENT
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 7,2005
Meeting Date: January 19,2006
Ordinance 35,2005
SubjecUAgenda Item: Ordinance 35,2005 relating to boards and committees, revising the
method for appointing members and reinstating council liaisons.
Reviewed by:
Finance Director
Submitted by:
City Clerk
Approved by: 6
City Mhag6r
Originating Dept.:
Advertised:
Date: 1/5/06
Paper: The Palm
Beach Post
[ ] Not Required
Affected parties
[ ] Notified
_I
[ x ] Not required
costs: $
(Total)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 17,2004
[ ]None
Date Prepared: November 7,2005
Meeting Date: January 19,2006
Ordinance 35,2005
BACKGROUND:
At the November 3,2005, City Council meeting, Council directed the City Attorney to draft
amendments to Division I, Article Ill, Chapter 2, Code of Ordinances relating to Boards and
Committees. These amendments include 1 ) the appointment process for board and
committee vacancies, and 2) Council liaisons.
1. Appointment of Members
Section 2-86 has been modified to delete the reference to staff liaison review and
recommendation for filling board and committee vacancies. As proposed, the City Clerk
will assemble the list of volunteers, the attendance and voting records, and place that
information on a Council agenda for review and selection.
2. Council Liaisons
The reference to the chairperson of a board or committee serving as the formal liaison
between the board and the City Council has been deleted. A new Section 2-1 00 has been
created to provide that the Council may select a Council liaison for all boards and
committees, with the exception of the Planning, Zoning, and Appeals Board.
Council voted 5-0 to approve Ordinance 35,2005 on first reading on December 15,2005.
RECOMMENDATION:
Staff recommends approval of Ordinance 35, 2005 on second and final reading.
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Date Prepared: November 7,2005
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ORDINANCE 35,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO BOARDS AND
ORDINANCES ENTITLED “PROCEDURE FOR APPOINTMENT AND
FILLING VACANCIES; QUALIFICATIONS FOR MEMBERSHIP OF
OF ORDINANCES ENTITLED “OFFICERS”; CREATING A NEW
“COUNCIL LIAISON”; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
COMMITTEES; AMENDING SECTION 2-86, CODE OF
BOARDS AND COMMITTEES”; AMENDING SECTION 2-92 CODE
SECTION 2-100, CODE OF ORDINANCES TO BE ENTITLED
WHEREAS, the City Council adopted Ordinance 17, 2004 on June 3, 2004, to
consolidate the regulations relating to boards and committees and to standardize the
organizational and operational procedures which pertain to all boards and committees;
and
WHEREAS, the City Council has determined that it is in the best interest of the
City to modify certain provisions relating to the appointment of board and committee
members and to include the role of Council liaison.
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. Division 1 of Article Ill, Chapter 2, Code of Ordinances entitled
“Boards and Committees’’ is amended to read:
ARTICLE 111. BOARDS AND COMMITTEES
DIVISION I. GENERALLY
Sec. 2-81. Purpose.
The purpose of the following sections is to set forth procedures by which the various city
boards and committees function. Boards and committees are established to provide
recommendations to and assist the city council with issues of concern in the city.
Except as specifically provided herein, all boards and committees are advisory only, and
the creation of advisory boards and committees does not diminish or alter in any way
the statutory and constitutional authority of the city council.
Date Prepared: November 7,2005
Ordinance 35,2005
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Sec. 2-82. Scope.
The provisions of this article shall apply to all boards and committees of the city and
shall govern all members thereof. Neither "board" nor "committee" shall be construed to
include the city council.
Sec. 2- 83. Creation of Boards and Committees.
(a) Boards. The city council may, by ordinance, create a board in connection with
any functions of the city. The ordinance creating such board shall specify the
purpose, powers, and duties of the board, and shall specify the number,
qualifications, and terms of office of the members thereof.
(b) Committees. The city council may, by resolution, create a committee whose
purpose is to advise the city council on an item of a special nature and whose
creation is for a stated period of time, at the end of which time the committee
will no longer exist. The resolution creating such committee shall specify the
purpose, powers, and duties of the committee, and shall specify the number,
qualifications, and terms of office of the members thereof.
Sec. 2-84. List of volunteers.
The city clerk shall prepare and maintain a list of volunteers comprising those persons
who have indicated an intention and willingness to serve as members of city boards and
committees if appointed by the city council for such purpose. Any preference of the
volunteers to serve on a particular board or committee shall be so stated.
Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee shall be
announced by posting a notice of the same at a public place in city hall, by publishing a
copy thereof in a newspaper of general circulation in the city, by posting an
announcement on the city website, or by such other method deemed appropriate by the
city, not less than five (5) days prior to the date at which the city council may interview
candidates to fill any such vacancies. The city clerk shall also furnish to any member
whose term is expiring a notice of such expiration and advise if the member is eligible
for reappointment.
Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for
membership of boards and committees.
Except as otherwise provided in this Code, appointments on boards and committees
shall be made at a regular city council meeting in accordance with the following
procedures:
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Ordinance 35,2005
Vacancies in the board or committee membership shall be filled by
appointment of an alternate member by the city council for the unexpired term
of the member affected. If two vacancies occur at the same time, the second
vacant seat shall be filled by the second alternate.
The city clerk shall pfewde place on the council agenda the list of volunteers,
including current members who seek reappointment, ts ..
:with their attendance and voting records4 ..
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(43) The city council may interview board and committee members who desire
(54) The city council shall, in public session, select the person needed to fill such
reappointment and volunteers from the city clerk’s list.
Board and committee members shall serve without compensation except as may be
provided by ordinance or resolution of the city council.
Members of boards and committees:
(1) Shall serve at the pleasure of the city council.
(2) Shall, except as otherwise provided by state law or ordinance, be a resident of
the city, maintain residency in the city during the term of appointment, and meet
such other eligibility requirements as may be established by ordinance or
(3) Shall not hold any employment or office in the government of the city or any
contractual relationship with the city, unless particularly specified herein.
(4) Shall serve on only one board or committee of the city.
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(5) Shall not appear before that board or committee or the city council as agent or
attorney for any person.
(6) Shall not have or hold any employment or contractual relationship that will
create a continuing or frequently recurring conflict between his or her private
interests and the performance of his or her public duties or that would impede
the full and faithful discharge of his or her public duties.
(7) Must attend the meeting in person. No member shall participate as a member
of any board or committee meeting or vote on any matter by telephone, video
conferencing, or by any other electronic means.
Sec. 2-90. Terms of members.
(a) Terms of members shall be established in the ordinance or resolution creating
the board or committee.
(b) Members whose terms have expired shall continue to serve until their
successors are appointed.
(c) Board and committee members may be reappointed to successive terms, but
shall serve no more than six (6) consecutive years, and no member shall be
eligible for appointment to the same board until one year from the date the
person left the board.
Sec. 2-91. Alternates.
The city council shall designate a first alternate and a second alternate for each
board or committee.
Alternates may participate in the discussion of matters coming before the board
or committee, but may vote only when any regular member is absent from a
scheduled meeting.
At all meetings, the chairperson of the board shall note for the record any
member who is absent.
In the absence of a regular member, the first alternate shall sit in the absent
member's place. In the absence of a second regular member, the second
alternate shall sit in that absent member's place.
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Ordinance 35, 2005
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Sec. 2-92. Officers.
(a) All boards and committees shall, at a meeting during the month of January,
elect a chairperson and a vice-chairperson, and any other officers as the board
deems necessary. The chairperson shall preside at board meetings and shall
be the official spokesperson for the board- ..
(b) The vice-chairperson shall assume the duties of the chairperson in the absence
of the chairperson. At any meeting where the chairperson and the vice-
chairperson are absent, the board or committee shall appoint a chairperson pro
tempore to assume the duties of the chairperson.
Sec. 2-93. Rules.
Each board and committee shall adopt rules and regulations regarding the manner of
conducting its meetings, which shall be consistent with the rules and regulations
prescribed by the city council.
Sec. 2-94. Meetings.
Meetings shall be held at the call of the chairperson, at such other times as the
board or committee may determine, or as otherwise provided by law. Special
meetings shall not be held unless at least twenty-four (24) hours notice is given
to each member and the city clerk.
Members shall notify the staff liaison if they are unable to attend a meeting.
The staff liaison shall notify the alternate that his/her attendance is required. If
a quorum will not be present, the scheduled meeting shall be cancelled. The
staff liaison will notify the city clerk of any cancellation and the member(s)
absent.
A quorum for the transaction of business shall be established in the ordinance
or resolution creating the board or committee.
An audio recording shall be made of all meetings. Additionally, minutes shall
be kept of the proceedings at each meeting and shall record the official acts
taken by the board or committee. Audio recordings and minutes shall be
maintained by the city clerk.
All meetings and public hearings of boards and committees shall be open to the
public. All meetings shall be governed by Government-in-the-Sunshine
pursuant to Section 286.01 1, Florida Statutes.
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Sec. 2-95. Quorum and required vote.
(a) A quorum for the transaction of business shall consist of four (4) members for
boards and committees with seven (7) members. A quorum for the transaction
of business shall consist of three (3) members for boards and committees with
five (5) members. A quorum for the transaction of business shall consist of two
(2) members for boards and committees with three (3) members.
(b) The affirmative vote of a majority of those present shall be necessary to take
official action. If any motion fails to achieve the affirmative vote of a majority of
those present, then such petition or other matter shall be deemed denied.
Sec. 2-96. Removal of members.
Except as otherwise provided by ordinance, any member who no longer resides
within the city during hidher term shall automatically cease to be a member of
the board and shall inform the city clerk's office.
Any member of the planning, zoning, and appeals board who is absent from
four (4) consecutive regular meetings or 25% of regular meetings in a twelve
(12) month period shall be automatically removed as a member of the board.
Any member of any other board or committee who is absent from three (3)
consecutive regular meetings or 25% of regular meetings in a twelve (12)
month period shall be automatically removed as a member of the respective
board or committee. Automatic removal of a member shall cause a vacancy to
exist in the membership of the particular board or committee. The city clerk
shall send written notice of such automatic removal to the affected member.
All board and committee members shall serve at the pleasure of the city council
and may be removed without cause by a majority vote of the city council,
unless otherwise provided by the Charter or Florida Statutes.
Sec. 2-97. Resignation of members.
Members of boards or committees may resign at any time, by submitting a resignation
to the city clerk.
Sec. 2-98. Clericalltechnical support.
The city manager may furnish the board or committee necessary clerical services and
technical assistance.
Sec. 2-99. Dissolution of boards.
The city council may dissolve a board or committee if the city council determines that
the board is no longer needed to meet the purposes for which it was established.
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Date Prepared: November 7,2005
Ordinance 35,2005
Sec. 2-100. Council Liaison.
The citv council may appoint one council member to serve as liaison to each board and
committee, except that no liaison shall be appointed for the Planninq, Zoning, and
Appeals Board. The council liaison shall attend all meetinqs of the board or committee,
and shall provide updates at citv council meetings on the activities of the board or
committee.
SECTION 3. Codification.
Codification of this Ordinance is hereby authorized and directed.
SECTION 4. Effective Date.
This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Ordinance 35, 2005
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PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
FOR AGAINST ABSENT
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
\\PbgsfileWttorney\attorney-share\ORDINANCES\boards and commissions -changes - ord 35 2005.doc
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As Amended at Second Reading -June 3,2004
Date Prepared: May 4,2004
ORDINANCE 17,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO BOARDS AND
COMMITTEES; REPEALING ARTICLE 111 OF CHAPTER 2, CODE
OF ORDINANCES ENTITLED “BOARDS, COMMITTEES AND
COMMISSIONS” IN ITS ENTIRETY; REPEALING ARTICLE II OF
CHAPTER 46, ENTITLED “PARKS AND RECREATION ADVISORY
23, CODE OF ORDINANCES ENTITLED “PLANNING AND ZONING
COMMISSION” AND “BOARD OF ZONING APPEALS,”
RESPECTIVELY, IN THEIR ENTIRETY; REPEALING
SUBSECTIONS 78-261 (c)(l) ti (3) AND SUBSECTIONS 78-262(e)(I)
BOARD” IN ITS ENTIRETY; REPEALING SECTIONS 78-22 AND 78-
& (2) IN THEIR ENTIRETY; RENUMBERING SECTIONS 2-172, 2-
173, AND 2-174, COLLECTIVELY, CODE OF ORDINANCES TO BE
SECTION 78-56, CODE OF ORDINANCES TO BE ENTITLED
“ADMINISTRATIVE APPEALS”; CREATING A NEW CHAPTER TO
BE ENTITLED “BOARDS AND COMMITTEES” TO ESTABLISH
GENERAL POLICIES AND PROCEDURES FOR BOARDS AND
COMMITTEES; CREATING THE ART IN PUBLIC PLACES
ADVISORY BOARD; CREATING THE COMMUNITY AESTHETICS
BOARD; CREATING THE ECONOMIC DEVELOPMENT ADVISORY
BOARD; CREATING THE PARKS AND RECREATION ADVISORY
BOARD; CREATING THE PLANNING, ZONING, AND APPEALS
BOARD; PROVIDING A PURPOSE, POWERS AND DUTIES,
MEMBERSHIP, AND MEETINGS FOR SUCH BOARDS; MODIFYING
CERTAIN REFERENCES THROUGHOUT THE CODE OF
ORDINANCES; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Article Ill of Chapter 2, Code of Ordinances entitled “Boards,
Committees and Commissions” is repealed in its entirety. Article II of Chapter 46,
entitled “Parks and Recreation Advisory Board” is repealed in its entirety Sections 78-22
and 78-23, Code of Ordinances entitled “Planning and Zoning Commission” and “Board
of Appeals,” respectively, are repealed in their entirety. Subsections 78- 261(c)(l) & (3)
and subsections 78-262(e)(I) & (2) are repealed in their entirety.
SECTION 2. Sections 2-1 72, 2-1 73, and 2-1 74 collectively, Code of Ordinances
are renumbered to be Section 78-56, Code of Ordinances, to be entitled “Administrative
Appeals“.
Date Prepared: May 4, 2004
Ordinance 17.2004
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SECTION 3. All orders, actions, and recommendations previously made by
boards and committees are hereby ratified and confirmed.
SECTION 4. A new Article Ill, Chapter 2, Code of Ordinances to be entitled
"Boards and Committees" is created to read:
ARTICLE 111. BOARDS AND COMMITTEES
DIVISION 1. GENERALLY
Sec. 2-81. Purpose.
The purpose of the following sections is to set forth procedures by which the various
city boards and committees function. Boards and committees are established to
provide recommendations to and assist the city council with issues of concern in the
city. Except as specifically provided herein, all boards and committees are advisory
only, and the creation of advisory boards and committees does not diminish or alter in
any way the statutory and constitutional authority of the city council.
Sec. 2-82. Scope.
The provisions of this article shall apply to all boards and committees of the city and
shall govern all members thereof. Neither "board" nor "committee" shall be construed to
include the city council.
Sec. 2- 83. Creation of Boards and Committees.
(a) Boards. The city council may, by ordinance, create a board in connection with
any functions of the city. The ordinance creating such board shall specify the
purpose, powers, and duties of the board, and shall specify the number,
qualifications, and terms of ofice of the members thereof.
(b) Committees. The city council may, by resolution, create a committee whose
purpose is to advise the city council on an item of a special nature and whose
creation is for a stated period of time, at the end of which time the committee
will no longer exist. The'resolution creating such committee shall specify the
purpose, powers, and duties of the committee, and shall specify the number,
qualifications, and terms of office of the members thereof.
Sec. 2-84. List of volunteers.
The city clerk shall prepare and maintain a list of volunteers comprising those
persons who have indicated an intention and willingness to serve as members of city
boards and committees if appointed by the city council for such purpose. Any
preference of the volunteers to serve on a particular board or committee shall be so
stated.
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Ordinance 17,2004
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Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee shall be
announced by posting a notice of the same at a public place in city hall, by publishing a
copy thereof in a newspaper of general circulation in the city, by posting an
announcement on the city website, or by such other method deemed appropriate by the
city, not less than five (5) days prior to the date at which the city council may interview
candidates to fill any such vacancies. The city clerk shall also furnish to any member
whose term is expiring a notice of such expiration and advise if the member is eligible
for reappointment.
Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for
membership of boards and committees.
Except as otherwise provided in this Code, appointments on boards and committees
shall be made at a regular city council meeting in accordance with the following
procedures:
Vacancies in the board or committee membership shall be filled by
appointment of an alternate member by the city council for the unexpired term
of the member affected. If two vacancies occur at the same time, the second
vacant seat shall be filled by the second alternate.
The city clerk shall provide the list of volunteers, including current members
who seek reappointment, to the staff liaison for review and recommendation.
The list of qualified volunteers, the attendance and voting records, and the
recommendations of the staff liaison shall be placed on the council agenda for
consideration.
The city council may interview board and committee members who desire
reappointment and volunteers from the city clerk's list.
The city council shall, in public session, select the person needed to fill such
vacancy.
Sec. 2-87. Records.
The city clerk shall maintain the attendance record and the voting record of the
members of all city boards and committees.
Sec. 2-88. Compensation of members.
Board and committee members shall serve without compensation except as may be
provided by ordinance or resolution of the city council.
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Date Prepared: May 4.2004
Ordinance 17,2004
Sec. 2-89. General provisions.
Members of boards and committees:
Shall serve at the pleasure of the city council.
Shall, except as othetwise provided by state law or ordinance, be a resident of
the city, maintain residency in the city during the term of appointment, and meet
such other eligibility requirements as may be established by ordinance or
resolution.
Shall not hold any employment or office in the government of the city or any
contractual relationship with the city, unless particularly specified herein.
Shall serve on only one board or committee of the city.
Shall not appear before that board or committee or the city council as agent or
attorney for any person.
Shall not have or hold any employment or contractual relationship that will
create a continuing or frequently recurring conflict between his or her private
interests and the performance of his or her public duties or that would impede
the full and faithful discharge of his or her public duties.
Must attend the meeting in person. No member shall participate as a member
of any board or committee meeting or vote on any matter by telephone, video
conferencing, or by any other electronic means.
Sec. 2-90. Terms of members.
(a) ~ Terms of members shall be established in the ordinance or resolution creating
the board or committee.
(b) Members whose terms have expired shall continue to serve until their
successors are appointed.
(c) Board and committee members may be reappointed to successive terms, but
shall serve no more than six (6) consecutive years, and no member shall be
eligible for appointment to the same board until one year from the date the
person left the board.
Sec. 2-91. Alternates.
(a) The city council shall designate a first alternate and a second alternate for each
board or committee.
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Ordinance 17, 2004
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Alternates may participate in the discussion of matters coming before the board
or committee, but may vote only when any regular member is absent from a
scheduled meeting.
At all meetings, the chairperson of the board shall note for the record any
member who is absent.
In the absence of a regular member, the first alternate shall sit in the absent
member's place. In the absence of a second regular member, the second
alternate shall sit in that absent member's place.
Sec. 2-92. Officers.
All boards and committees shall, at a meeting during the month of January,
elect a chairperson and a vice-chairperson, and any other officers as the board
deems necessary. The chairperson shall preside at board meetings, be the
official spokesperson for the board, and the formal liaison between the board
and the city council and city administration.
The vice-chairperson shall assume the duties of the chairperson in the absence
of the chairperson. At any meeting where the chairperson and the vice-
chairperson are absent, the board or committee shall appoint a chairperson pro
tempore to assume the duties of the chairperson.
Sec. 2-93. Rules.
Each board and committee shall adopt rules and regulations regarding the manner
of conducting its meetings, which shall be consistent with the rules and regulations
prescribed by the city council.
Sec. 2-94. Meetings.
(a) Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law. Special
meetings shall not be held unless at least twenty-four (24) hours notice is given
to each member and the city clerk.
(b) Members shall notify the staff liaison if they are unable to attend a meeting. The staff liaison shall notify the alternate that hidher attendance is required. If
a quorum will not be present, the scheduled meeting shall be cancelled. The
staff liaison will notify the city clerk of any cancellation and the member(s)
absent.
(c) A quorum for the transaction of business shall be established in the ordinance
or resolution creating the board or committee.
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Ordinance 17, 2004
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An audio recording shall be made of all meetings. Additionally, minutes shall
be kept of the proceedings at each meeting and shall record the official acts
taken by the board or committee. Audio recordings and minutes shall be
maintained by the city clerk.
All meetings and public hearings of boards and committees shall be open to the
public. All meetings shall be governed by Government-in-the-Sunshine
pursuant to Section 286.01 1 , Florida Statutes.
Sec. 2-95. Quorum and required vote.
A quorum for the transaction of business shall consist of four (4) members for
boards and committees with seven (7) members. A quorum for the transaction
of business shall consist of three (3) members for boards and committees with
five (5) members. A quorum for the transaction of business shall consist of two
(2) members for boards and committees with three (3) members.
The affirmative vote of a majority of those present shall be necessary to take
official action. If any motion fails to achieve the affirmative vote of a majority of
those present, then such petition or other matter shall be deemed denied.
2-96. Removal of members.
Except as otherwise provided by ordinance, any member who no longer resides
within the city during hidher term shall automatically cease to be a member of
the board and shall inform the city clerk's office.
Any member of the planning, zoning, and appeals board who is absent from & 0 four (4) consecutive regular meetings or 25% of regular meetings in a
twelve (12) month period shall be automatically removed as a member of the
board. Any member of any other board or committee who is absent from three
(3) consecutive regular meetings or 25% of regular meetings in a twelve (12)
month period shall be automatically removed as a member of the respective
board or committee. Automatic removal of a member shall cause a vacancy to
exist in the membership of the particular board or committee. The city clerk
shall send written notice of such automatic removal to the affected member.
All board and committee members shall serve at the pleasure of the city council
and may be removed without cause by a majority vote of the city council,
unless otherwise provided by the Charter or Florida Statutes.
Sec. 2-97. Resignation of members.
Members of boards or committees may resign at any time, by submitting a
resignation to the city clerk.
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Ordinance 17, 2004
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Sec. 2-98. Clericalltechnical support.
The city manager may furnish the board or committee necessary clerical services
and technical assistance.
Sec. 2-99. Dissolution of boards.
The city council may dissolve a board or committee if the city council determines that
the board is no longer needed to meet the purposes for which it was established.
DIVISION 2. ART IN PUBLIC PLACES ADVISORY BOARD
Sec. 2-105. Creation.
There is hereby created the Art in Public Places Advisory Board.
Sec. 2-1 06. Purpose.
The purpose of the art in public places advisory board is to promote greater public
participation in, and access to, arts and culture in the city and to make
recommendations to the city council to implement the art in public places regulations,
including site and artwork selection and review of artist(s) and artwork(s) commissioned
or purchased by the city.
Sec. 2-107. Powers and Duties.
The art in public places advisory board shall have the following powers and duties:
(1) Review submissions of existing or commissionable works of art and make
recommendations to the city council.
(2) In the development review process, the board shall review the proposed art in public places location on site and make recommendations to the applicant on
the most suitable location for art on site.
(3) Make recommendations to the city council on expenditures of art impact fees.
Sec. 2-108. Membership.
(a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective
terms: four (4) regular members and one (I) alternate for two (2) years; three
(3) regular members and one (1) alternate for one (1) year; thereafter, all
appointments shall be for a term of two (2) years.
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Appointments shall be made by the city council based on experience and
interest in arts and cultural issues in the city and shall, whenever possible,
include persons who have professional expertise or substantial volunteer
involvement in:
Visual, performing, or literary arts.
Architecture, design, or urban planning.
Arts and cultural institution management.
Education.
Sec. 2-109. Meetings.
(a) Meetings shall be at the call of the chairperson, provided the board shall
convene no less often than once every two (2) months.
DIVISION 3. COMMUNITY AESTHETICS BOARD
Sec. 2-1 15. Creation
There is hereby created the Community Aesthetics Board.
Sec. 2-1 16. Purpose
The purpose of the community aesthetics board shall be to provide
recommendations to the city council with a broad outlook towards present and future
community improvements which aesthetically enhance the neighborhoods and open
space within the city.
Sec. 2-1 17. Powers and Duties.
The board shall have the following powers and duties:
(1) At the request of council, review and provide recommendations on public
roadway beautification projects.
(2) Approve community and neighborhood improvement grant applications.
(3) Review and provide recommendations on public environmental projects.
(4) Issue city beautification andlor environmental awards.
(5) Represent the city as the official “Tree Board” in developing a comprehensive
community tree management plan for the care of trees on public property.
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Ordinance 17,2004
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(6) Report to the city council as requested on special projects relating to
community aesthetics and open space.
Sec. 2-1 18. Membership.
(a) The board shall consist of seven (7) regular members and two (2) alternates.
Initial appointment of members of the board shall be for the following respective
terms: four (4) regular members and one (I) alternate for two (2) years; three
(3) regular members and one (1) alternate for one (I) year; thereafter, all
appointments shall be for a term of two (2) years.
(b) Appointments shall be made by the city council based on experience and
interest in improving community and neighborhood aesthetics and shall,
whenever possible, include members with a background in building
construction, architecture, urban design, horticulture, landscaping, and related
fields.
Sec. 2-1 19. Meetings.
Meetings shall be at the call of the chairperson, provided the board shall convene no
less often than once every two (2) months.
DIVISION 4. ECONOMIC DEVELOPMENT ADVISORY BOARD
Sec. 2-125. Creation.
There is hereby created the Economic Development Advisory Board.
Sec. 2-1 26. Purpose.
The purpose of the economic development advisory board is to provide private
sector insight, business expertise, and recommendations to the city to encourage and
facilitate a balanced and diversified economic base compatible with the city’s quality
environment.
Sec. 2-127. Powers and Duties.
The board shall have the following powers and duties:
(1) Review and approve applications from companies wishing to qualify for the
expedited permitting program.
(2) Identify growth industries to diversify the city’s economy.
(3) Develop action plans to leverage both national and local economic trends.
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Ordinance 17, 2004
(4) Act as good-will ambassadors to companies seeking to relocate or expand
operations to/in Palm Beach Gardens.
(5) Identify proper venues to reach the city’s target market of value-added
employers.
Sec. 2-128. Membership.
The board shall consist of seven (7) regular members and two (2) alternates.
Initial appointment of members of the board shall be for the following respective
terms: four (4) regular members and one (1) alternate for two (2) years; three
(3) regular members and one (1) alternate for one (I) year; thereafter, all
appointments shall be for a term of two (2) years.
Members of the board shall own and/or operate a business within the city, and
need not be a resident of the city.
Appointments shall be made by the city council based on experience and
interest and shall, whenever possible, include:
A representative of the Business Development Board of Palm Beach County,
Inc.
A representative of the North Palm Beach County Chamber of Commerce, Inc.
A representative of the PGA Corridor Association, Inc.
Representatives of private-sector value added businesses.
Sec. 2-129. Meetings.
(a) Meetings shall be at the call of the chairperson, provided the board shall convene no less often than four (4) times per year.
DIVISION 5. PARKS AND RECREATION ADVISORY BOARD
Sec. 2-1 35. Creation.
There is hereby created the Parks and Recreation Advisory Board.
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Ordinance 17, 2004
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Sec. 2-1 36. Purpose.
The purpose of the parks and recreation advisory board shall be to serve as
advocates for the citizens by conducting constructive investigation, discussion, and
review; providing advice to the Community Services department, city manager, and city
council with a broad outlook towards improving present recreational facilities and
increasing utilization of the facilities by the public; and evaluating and recommending
future community needs for recreational projects and facilities.
Sec. 2-137. Powers and Duties.
The parks and recreation advisory board shall have the following powers and duties:
(1) Investigate matters referred by the city council and submit reports to the council
on such matters.
(2) Review and make recommendations to the city council concerning parks and
recreation issues.
(3) Participate in visioning, strategic planning, and development of a Capital
Improvements Plan to address the recreational needs of the city.
(4) Conduct public participation meetings on issues related to parks and recreation.
(5) Survey the community recreational needs and develop recommendations to
meet those needs.
Sec. 2-138. Membership.
The board shall consist of seven (7) regular members and two (2) alternates.
Initial appointment of members of the board shall be for the following respective
terms: four (4) regular members and one (1) alternate for two (2) years; three
(3) regular members and one (I) alternate for one (1) year; thereafter, all
appointments shall be for a term of two (2) years.
Appointments shall be made by the city council based on experience and
interest and shall, whenever possible, include:
A participant in senior targeted activities.
A tennis center participant.
A golf course participant.
A recreational programming participant.
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Ordinance 17, 2004
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(5) An aquatics programming participant.
(6) An adult sports programming participant.
(7) An arts and cultural advocate.
(8) A special population advocate.
(9) A volunteer from the PBG Youth Athletic Association.
Sec. 2-139. Meetings.
(a) Meetings shall be at the call of the chair, provided the board shall convene no
less often than eight (8) times per year.
DIVISION 6. PLANNING, ZONING, AND APPEALS BOARD
Sec. 2-1 45. Creation.
There is hereby created the Planning, Zoning, and Appeals Board.
Sec. 2-146. Purpose
The purpose of the planning, zoning, and appeals board is to make
recommendations to the city council on development petitions that appear before the
board, and hear and decide upon variance requests and appeals to administrative
decisions made by the administrative officials of the city on issues related to the land
development regulations.
Sec. 2-147. Powers and Duties.
The City Council hereby authorizes the board to hold and perform the following
powers and duties:
(1) Review and make recommendations to the city council on site plans, master
site plans for planned unit developments, planned community developments,
and major amendments thereto.
(2) Hold workshops and public hearings on development petitions presented to the
board.
(3) Review all requests for zoning changes prior to review of said changes by the city council.
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Ordinance 17,2004
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Review and make recommendations to the city council on requests for
annexation of lands into the city, together with requested land use and zoning
of the annexed lands.
Act as the land development regulation commission to develop and recommend
land development regulations which implement the adopted comprehensive
plan and to review land development regulations, or amendments thereto, for
consistency with the adopted plan and report to the city council regarding its
findings.
Act as the local planning agency to develop and recommend to the city council
comprehensive plan and future land use map revisions.
Hear and decide appeals from and review any order, requirement, decision, or
determination made by the administrative officials charged with the
administration or enforcement of the city’s land development regulations.
Hear and decide on all variance requests in accordance with Section 78-53 of
the city’s land development regulations.
The board shall have no authority to authorize the use of any parcel of property
or structure in a manner not permitted by the zoning classification of the district
in which the property or structure is located.
Sec. 2-1 48. Membership.
The board shall consist of seven (7) regular members and two (2) alternates.
Additionally, there shall be a representative of the school district appointed by
the school board as a nonvoting member. Initial appointment of members of the
Board shall be for the following respective terms: four (4) regular members and
one (1) alternate for two (2) years; three (3) regular members and one (1)
alternate for one (1) year; thereafter, all appointments shall be for a term of two
(2) years.
Members of the board shall be residents of the City of Palm Beach Gardens,
and shall be chosen from the following professions as outlined below:
At least one of the following disciplines:
Architects
Landscape Architects
PI a n ne rs
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At least one of the following disciplines:
Attorneys
Engineers
Real Estate Professionals
Environmental Professionals
Land Surveyors
At least one of the following:
One resident at large
Sec. 2-149. Meetings.
Meetings shall be at the call of the chairperson,
less often than once every two (2) months.
Date Prepared: May 4,2004
Ordinance 17, 2004
provided the board shall convene no
SECTION 5. All references throughout the Code of Ordinances to the following
terms shall be modified as follows:
Art in Public Places Advisow Board
*. . * Communitv Aesthetics Board
Plannina. Zoninq, and Appeals Board
Planninq, Zoninq, and Appeals Board
SECTION 6. Codification.
Codification of this Ordinance is hereby authorized and directed.
SECTION 7. Effective Date and Transitional Provisions. Except as specified
herein, this Ordinance shall be effective immediately upon adoption. The effective date
of Sections 2-108, 2-118, 2-128, 2-138, and 2-148 shall be October 1, 2004. Members
of all boards and committees serving as of the date of adoption of this Ordinance shall
continue as members until October 1, 2004, at which time the terms of all members of
all boards and committees shall cease.
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Ordinance 17, 2004
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PASSED this JblH day of I.1 , 2004, upon first reading.
PASSED AND ADOPTED this iw day of T& , 2004, upon second
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and final reading.
D-dClark. Ceundmekber &wk&
&hie Marie Delga&, Councilmember
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clek
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
FOR
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Date Prepared: May 6, 2004
RESOLUTION 120,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA CREATING THE EDUCATION
ADVISORY COMMITTEE; PROVIDING A PURPOSE, POWERS
AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council
may, by resolution, create a committee whose purpose is to advise the City Council on
an item of a special nature and whose creation is for a stated period of time, at the end
of which time the committee will no longer exist; and
WHEREAS, Section 2-83, Code of Ordinances, further provides that the
resolution creating such committee shall specify the purpose, powers, and duties of the
committee, and shall specify the number, qualifications, and terms of office of the
members thereof; and
WHEREAS, the City Council has deemed it to be in the best interest and public
welfare of the citizens of the City of Palm Beach Gardens to establish an Education
Advisory Committee.
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. Creation.
There is hereby created the Education Advisory Committee. This Committee is
created for a period of one (1) year from the effective date of this Resolution and shall
stand dissolved on that date unless reviewed and extended by Resolution of the City
Council.
SECTION 3. Purpose.
The primary purpose of the Education Advisory Committee is to promote quality
public education for youth and adults through advocacy, support, and discussion of
issues facing local educational entities. Advisory only in nature, this committee provides
a communication link between City Council and Citizens on matters that face public
education, school development, and student achievement.
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Date Prepared: May 6, 2004
Resolution 120,2004
SECTION 4. Powers and Duties.
The Committee shall have the following powers and duties:
(1) Investigate and report on matters directed to the Committee by City Council.
(2) Encourage broad-based citizen participation concerning public educational
services within the City limits.
(3) Establish annual awards programs on behalf of the City Council, recognizing
outstanding students, teachers, and community leaders.
(4) Support the development of educational resources within the community,
including adult education and lifelong learning.
(5) Provide an annual report to the Council on the status of education within the
community.
(6)Host an annual educational forum where citizens can interact and discuss
issues, hopes, and concerns with local educational entities.
(7) Encourage information exchange during Committee meetings to facilitate the
exchange of knowledge about individual school operations.
(8) Develop recommendations for the City Council regarding suggested actions
to be taken to affect the quality of local schools or to support issues related to
educational legislation.
SECTION 5. MEMBERSHIP.
(a)The committee shall consist of seven (7) regular members and two (2)
alternates. All members shall be appointed for a term of one year.
(b) Members of the committee shall have served in a volunteer or paid capacity
with an educational entity for minimum of one year. Appointments shall be
made by the city council based on experience and interest and shall,
whenever possible, include:
(l)A person currently employed as a youth educator.
(2) A person currently employed as an adult educator.
(3) A person the business community within the City.
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Date Prepared: May 6,2004
Resolution 120, 2004
1 SECTION 6. MEETINGS.
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Meetings shall be at the call of the chairperson, provided the committee shall
SECTION 7. This Resolution shall become effective immediately upon adoption.
convene no less often than eight (8) times per year.
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PASSED AND ADOPTED this &- day of xddt ,2004.
ATTEST:
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
BY:
1 Patricia Snider, City Clhrk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
J MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBERCLARK ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
/
/
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RESOLUTION 121 , 2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA CREATING THE BUDGET
OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS
AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council
may, by resolution, create a committee whose purpose is to advise the City Council on
an item of a special nature and whose creation is for a stated period of time, at the end
of which time the committee will no longer exist; and
WHEREAS, Section 2-83, Code of Ordinances, further provides that the
resolution creating such committee shall specify the purpose, powers, and duties of the
committee, and shall specify the number, qualifications, and terms of office of the
members thereof; and
WHEREAS, the City Council has deemed it to be in the best interest and public
welfare of the citizens of the City of Palm Beach Gardens to establish a Budget
Oversight Committee.
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. Creation.
There is hereby created the Budget Oversight Committee. This Committee is
created for a period of two (2) years from the effective date of this Resolution, but shall
only meet as provided in Section 6 herein. The Committee shall stand dissolved on that
date unless reviewed and extended by Resolution of the City Council.
SECTION 3. Purpose.
The purpose of the Budget Oversight Committee is to provide citizen input for the
budget process.
SECTION 4. Powers and Duties.
The committee shall have the following powers and duties:
Date Prepared: May 6, 2004
Resolution 121, 2004
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(1) Review the proposed operating and capital improvements budget as prepared
by staff.
(2) Request information from staff in order to analyze the proposed operating and
capital improvement budget.
(3) Review the recommended spending plan for compliance with current adopted
financial policies, Le., fund balance levels, debt service coverage, etc.
(4)Make a recommendation to Council during the budget adoption process to
approve the proposed operating and capital improvement budget, as
submitted.
SECTION 5. MEMBERSHIP.
(a) The committee shall consist of three (3) regular members. All appointments
shall be for a term of two (2) years.
(b) Members of the committee shall:
1. Be either a resident of the City of Palm Beach Gardens, or the owner
and/or operator of a business within the City.
2. Possess considerable experience in a financial related discipline, such as
banking, finance/accounting, managemenvmanagement consulting, or be
a small business owner.
SECTION 6. MEETINGS.
Meetings shall be at the call of the chair, provided the committee shall convene
no less often than twice during the budget preparation cycle (June - September).
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: May 6,2004
Resolution 121,2004
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PASSED AND ADOPTED this day of '53~ ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBERCLARK
COUNCILMEMBERDELGADO
COUNCILMEMBER LEVY
-- AYE NAY ABSENT
J ---
/ ---
4 ---
\\pbgsfile\Attorney\attorney-share\RESOLUTlONS\budget oversight committee - reso 121 2004.doc
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 24,2004
Meeting Date: June 3,2004
Ordinance 17,2004
Resolution 120,2004 & Resolution 121,2004
SubjectlAeenda Item: Ordinance 17, 2004 (second reading), amending the city advisory
boards and committees, to establish general policies and procedures and to update the
purpose, powers and duties, and membership criteria for such boards and committees.
Resolution 120,2004, creating the Education Advisory Committee, and Resolution 121,2004,
creating the Budget Oversight Committee.
[ X ] Recommendation to APPROVE
] Recommendatior
Reviewed by:
City Attorney
Submitted by:
Sheryl Stewart, Assistant
to the City Manager
:o DENY
3rigbating Dept.:
Administration w*
Advertised:
Date:
Paper:
[ ] Not Required
Affected parties
wotified
[ 3 Not required
Zosts: $
(Total)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
2ouncil Action:
j ]Approved
]Approved w/
conditions
]Denied
[ ] Continued to:
Attachments:
Ordinance 17,2004
B Resolution 120,2004
B Resolution 12 1, 2004
D Liaisons Chart
Board member survey
summary
e Council-Manager Form
of Government Report
summary
[ ]None
Date Prepared: May 24,2004
Meeting Date: June 3,2004
Ordinance 17,2004
Resolution 120,2004 & Resolution 121,2004
BACKGROUND
Council unanimously approved on first reading Ordinance 17, 2004, amending the city advisory
boards and committees.
During first reading, Council discussed changing Section 2-96 (b) of the general procedures in
Ordinance 17,2004, to indicate that any member of the planning, zoning and appeals board who is
absent from four (4) consecutive regular meetinns or 25% of regular meetings in a twelve (1 2) month
period would automatically be removed as a member of the board. Currently, the ordinance reads
that any member of the planning, zoning and appeals board who is absent six (6) consecutive regular
meetings or 25% in a twelve month period would automatically be removed. This change to the
Ordinance would have to be read into the record as Part of Council’s motion to adopt the Ordinance
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission (Commission) held a public hearing on May 25,2004 and
recommended approval with four changes to Ordinance 17,2004 to the City Council with a vote of
5-1. Commissioner Michael Panczak voted against approval of Ordinance 17, 2004. The
Commission proposed the following changes to the subject ordinance:
Limit the members to one-year terms. Ordinance 17,2004 proposes two-yew terms.
Eliminate the six-year maximum number of years that a member can serve on the Commission.
Ordinance 17,2004 proposes a six-year maximum after which a member is eligible to re-apply
for appointment to the Commission provided a waiting period of one year has passed.
Substitute the six consecutive absences with four after which a member is automatically removed
from the Commission. Ordinance 17, 2004 proposes six consecutive absences or 25% of all
meetings of an entire year.
Retain the function of reviewing site plans and architecture associated with said plans.
Ordinance 17, 2004 does not propose to take this function away from the Commission as an
interim measure at this time.
Regarding each point above, staff believes the following:
Two-year terms are appropriate and would provide continuity on each board and committee.
The proposed one-year waiting period for any member who has served for six years on a board or
committee before applying again for an appointment affords an opportunity for other
applicants/City residents to serve on a board or committee. The existing language in the Code
limits the maximum number of years to be served to six years, but a member may serve for
additional years if granted a waiver by the City Council.
2
0 Staff agrees with the Commission on reducing the six consecutive absences to four because six
absences are excessive and can be disruptive to the Commission as a whole. The City Council
also directed staff to reduce it to four during the City Council’s review of Ordinance 17,2004 on
First Reading.
0 Ordinance 17.2004 does not propose to take the function of reviewing individual site plans and
architecture f?om the Commission at this time. However, staff will be reviewing the Code and
proposing to make amendments to it to permit staff to review and approve site plans within
Planned Unit DeveloDments (PUDs) and Planned Community Developments (PCDs) as soon as
time allows. The obiectives will be to eliminate between three to four months of the review and
approval Drocess, use staff time more efficiently by not having to prepare agenda items for the
Commission and the Citv Council, and to differentiate between policy and implementation. The
City Council reviews and approves PUDs and PCDs because thev involve policy decisions,
whereas site plans within PUDs and PCDs are the implementation of such policy so long as they
are consistent with the design widelines and development orders.
STAFF RECOMMENDATION:
Approval of Ordinance 17,2004 on second reading, amending the city advisory boards and
committees, to establish general policies and procedures, and to update the purpose, powers
and duties, and membership criteria for such boards and committees.
In addition, staff recommends approval of companion Resolutions 120 and 121,2004 creating
the Education Advisory Committee and the Budget Oversight Committee, respectively.
3
Date Prepared: May 4,2004
Meeting Date: May 20,2004
Ordinance 17,2004
Resolution 120,2004 & Resolution 121,2004
BACKGROUND
During the Council Meeting on April 1,2004, Council discussed staffs recommendations provided
in response to Council’s directives concerning the City advisory boards and committees, including
improvements to the liaison system and the board process as a whole. Attachment 1 is an executive
summary of the report discussed. There was Council consensus for having staff to serve as the
liaisons to internal boards and special project committees. For those boarddcommittees that did not
already have staff liaisons, the City Manager has appointed staff, as shown on Attachment 2, the
uDdated liaisons chart. In addition, there was also Council consensus directing staff to bring back the
necessary ordinance and resolutions to amend the boards and committees program, as well as to
establish an updated and clear purpose, duties and membership information for each board and
committee. Based on Council’s feedback on April 1,2004, staff prepared the attached proposed
ordinance and resolutions according to the approach summarized below.
PART I: ESTABLISH GENERAL POLICIES AND PROCEDURES FOR ALL BOARDS
The propos.ed new Article within the Code of Ordinances deletes the provision for council
liaisons for internal boards and committees, and for consistency, efficiency and effectiveness
purposes standardizes the orpanizational and ollerational procedures which will pertain to all
boards and committees, highliphted as follows:
1.
2.
3.
Distinnuishes between a board and a committee by definition. Boards will be created by
ordinance, to exist on an on-going basis in order to advise council on any function of the city.
Committees will be created by resolution, to exist for a specific period of time in order to advise
council on an item of special nature.
Centralizes tasks related to board and committee records maintenance. member amlication. and
apointment Drocess within the Citv Clerk’s Office. This includes maintaining a list of those
who have applied and are interested to serve as members, notification regarding term
expiratiodappointment and eligibility for reappointment. The city clerk will also maintain
attendance and voting records, minutes, audio tape recordings and records of official acts taken
by the board or committee.
Provides for a process for announcinv and fillinn vacancies on boards and committees. This
includes posting notices on the city’s website and in city buildings and publishing ads at least
five days prior to the date at which city council may interview candidates to fill vacancies. The
proposed ordinance clarifies that vacancies for unexpired terms will be filled by appointment of
an alternate member, and iftwo vacancies occur at the same time, the second vacant seat will be
filled by the second alternate.
2
4. Establishes Procedures for city council to make appointments during a regular city council
meeting. based upon objective criteria. The staff liaison will review the list of interested
members, including current members who seek reappointment, determine if they meet the
proposed qualifications for serving on the board or committee, and prepare recommendations
regarding appointments for council to consider. During a public meeting, the council may
interview those who seek appointment or reappointment, and then make their selection(s).
5. Continues the residency reauirement for board and committee members, unless otherwise
provided by ordinance or resolution. For example, on the proposed Economic Development
Advisory Board and the Budget Oversight Committee a member may own or operate a business
in the city.
6. Includes general provisions to avoid any perceived or actual conflicts of interest by adding that
members cannot be employed by or have any contractual relationship with the city, unless
otherwise provided by ordinance. Also added is that members can onlv serve on one board or
committee at any one time; this will apply to all boards/ committees, including pension boards.
7. Establishes term limits. Members will not be allowed to serve more than six consecutive years.
To meet the intent. they must then wait one Year from the date they left the board before applving
to serve again.
8. Establishes for all boards the election of a chair and vice-chair during January each year.
9. Establishes basic rules for meetings, which will be open to the public in accordance with Florida
Sunshine Laws, with minutes and audio tape recordings of such meetings. Members will be
required to notify the staff liaison if they cannot attend a meeting. The prouosed ordinance
eliminates the language reparding excused and unexcused absences. Along with the definition
of what constitutes a quorum, the uroposed ordinance indicates that if a quorum is not uresent,
the meeting will be cancelled.
10. Provides for stagered membership terms, and uudates how members can be removed to include
that any member who is absent 25% of the rePular meetings in a year will automatically be
removed.
PART 11: RE-EXAMINE EACH BOARD AND COMMITTEE
Applying the proposed standards outlined above, staff looked at each existine board and
committee, re-examined its DurDose, duties and membershiD criteria. and considered whether
it should be established as a board (by ordinance), or as a committee (by resolution). Should
Council approve, following the general requirements section of the proposed new Article in the
Code, each board will have its own section with updated information. Below is a summary of
staffs analysis of the boards and committees, and the proposed updates to them. One of the
common provisions being proposed for consistency is that the boards will be composed of seven
regular members and two alternates.
3
Art in Public Places Advisorv Board: Staff proposes changing the name from the Art Advisory
Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to
promote greater public participation in and access to arts and culture in the city. In addition to
screening submissions of art work and making recommendations to city council, the board would
have the responsibilities specifically related to implementing the city’s art in public places program,
including making recommendations on site location and artwork selection, and on expenditures of
art impact fees. Membership qualification criteria have been added in an effort to include people,
when possible, with professional expertise or substantial volunteer involvement in visual,
performing or literary arts, architecture, design or urban planning, arts and cultural institution
management, or education.
Communitv Aesthetics Board: Staff proposes changing the name from the Beautification and
Environmental Committee, to establish it in the code as a board by definition, and to clarify its
purpose which is to provide recommendations to council with a broad outlook towards present and
future community improvements that aesthetically enhance the neighborhoods and open space in the
city. Prior to this update, the board was mainly responsible for the preparation of a beautification
master plan, which has been completed. The board would now have the specific responsibilities,
such as providing recommendations about public roadway beautification projects, approving
neighborhood improvement grant applications, issuing city beautificatiodenvironmental awards, and
serving as the city’s official “Tree Board.” Membership qualification criteria have been added in an
effort to include people, when possible, with a background related to building construction,
architecture, urban design, horticulture or landscaping.
Economic DeveloDment Advisory Board: Staff proposes changing the name from the Economic
Development Oversight Committee, to establish it in the code as a board by definition, and to clarify
its purpose which is to provide private sector insight, business expertise and recommendations to the
city to promote a balanced, diversified economic base for the city. Membership qualification
criteria have been provided in an effort to include representatives from the Business Development
Board of Palm Beach County, North Palm Beach County Chamber of Commerce, PGA Corridor
Association, and value-added private sector businesses.
Parks and Recreation Advisorv Board: Staffproposes to clearly define the board’s purpose in the
code, which is to advise, review information and provide public input, support and advocacy for the
hture development of parks and recreation resources for the community. Membership qualification
criteria have been added in an effort to include people, when possible, with experience and interest
in many of the city’s recreation services.
Plannine, ZoninP and Ameals Board: Staff proposes to combine the Planning and Zoning
Commission and Board of Zoning Appeals into one board with a new name in the code, and to
define its purpose which is to review and make recommendations to city council on development
petitions, and hear and decide on variance requests and appeals to administrative decisions related to
the land development regulations (LDRs). The board powers and duties include making
recommendations on site plans, master site plans for planned unit developments (PUDs), planned
community developments (PCDs) and major amendments to these plans, annexation petitions and
4
zoning requests. As the Land Development Regulation Commission and the Local Planning Agency,
the board will continue to review and recommend amendments to the LDRs and Comprehensive
Plan, respectively. Membership qualification criteria have been added to require that at least one
member has a background from two specific types of professional disciplines, related to (1)
architecture or planning, and (2) engineering, law, real estate, land surveying or the environment.
Also, there will be a representative of the school district appointed by the school board as a
nonvoting member.
The board will continue to review and make recommendations on site plans as an interim measure
until staff has adeauate time to study and draft amendments to the city’s land development
regulations to permit staff to review and approve individual site plans within PUDs and PCDs at staff
level. It is staffs goal to streamline and expedite the development review and approval process for
site Dlans. This will Drovide staff with more responsibility and flexibility to make the technical
decisions about proiects based upon obiective criteria that will be established.
Education Advisorv Committee: Staff proposes changing the name of the board to make it a
committee with a clearly defined purpose, which would be to serve as advocates for improving the
quality of public education in the city. As directed by Council, this committee will be established by
resolution for one year. with clearly defined duties and meeting requirements. At the end of one
year, staff will review whether the committee has been effective and should be extended, or whether
it should stand dissolved. Like other boards and committees, membership qualification criteria have
been proposed to include individuals with a background in the education profession and business
community. Also, staff will make an effort to involve students from the local magnet school
programs in a nonvoting capacity.
Budget OversiPht Committee: Staff proposes establishing this committee by resolution for the
specific purpose of providing citizen input to the city’s annual budget process, as has been the
practice over the past several years. Members will be appointed based upon their background
related to business, banking, finance or management, and will serve for a term of two years, which
will allow staff the opportunity to re-evaluate its effectiveness on a bi-annual basis.
Boards/Committees Survey: To assist in the analysis process, staff sent a survey to the existing
board and committee members for their feedback and input. Attachment 3 is a summary of the
responses, which indicate a 60% rate of participation in the survey. Most members indicated that
they understood the purpose of their boardcommittee, and most would like to be considered for re-
appointment.
PART 111: IMPLEMENTATION STRATEGY
Won Council’s amroval of the ordinance, staff will re-evaluate the existing composition of all the
boards and committees based won the updated membership criteria. Staff will also conduct a city-
wide effort to publicize the opportunity to serve on the various boards and committees. Staffwill be
taking a look at updating the application form and preparing a formal orientation program which all
new members will be required to attend. As part of the program, new members will receive a
handbook which explains the Sunshine Law, voting and a guide to local government.
5
In order to start the new process in an organized manner, all seats will be considered vacant starting
October 1,2004. Members that currently serve will be eligible to submit adcations along with
anyone else interested. Upon receipt of these applications, staff will bring forward a resolution for
the appointments and reappointments to the boards and committees based on the new criteria
proposed. The goal for this resolution will be to include existing andor new members to the boards,
under the new program and based on the staggered terms proposed.
AAer adoption of this ordinance, all boards and committees will operate under the new code
provisions, except those provisions relating to membership. During the transition period (from the
date of adoption until October 1, 2004), all current members will remain in Place and all current
vacancies and applications will be on hold. In addition, the staff liaisons will be sharing the new
code provisions with existing board and committee members during their upcoming meetings over
the next six months. The proposed changes to the Planning and Zoning Commission involve
amendments to the Land Development Regulations, which will be considered by the existing
members at their meeting on May 25,2004.
STAFF RECOMMENDATION: Approval of Ordinance 17,2004 on first reading, amending
the city advisory boards and committees, to establish general policies and procedures, and to
update the purpose, powers and duties, and membership criteria for such boards and
committees. No action will be taken by Council on the companion Resolutions 120 and 121,
2004 creating the Education Advisory Committee and the Budget Oversight Committee,
respectively. They will require action on second reading of the Ordinance, scheduled for June
3,2004.
6
ATTACHMENT 1
Executive Summary of Council-Manager Form of Government Report
Implications for the roles of mavor. council and citv manager:
0
0
0
0
0
0
0
Council’s role as chief policymaker is enhanced by a manager responsible and accountable to execute and
administer its policies. They form a cohesive policymaking and management team. (pgs. 7-8)
Council should issue directives and make requests as a unified body directly to the manager. (pgs. 8-9)
Maintains strict separation of responsibilities between policymaking and administration. (pgs. 8- IO)
Each council member has equal access to information. (pgs. 9-10)
Contrary to the concept of keeping all five council members equal. (pg. 12)
Agenda-setting is an administrative process not policy. (pgs. 1 1- 12)
Potential for violating the due process rights of those conducting business with the city. (pg. 12)
Issues raised bv mavor settinp agenda prior to council meetinm:
Council Liaisons:
Pros: -
0 Gives citizens a sounding board to express political issues and broader community views. (pg. 14)
Citizens involved in the governing process. (pg. 14)
0 Needed for external boards dealing with intergovernmental matters. (pg. 16)
0 Contrary to the concept of keeping all five council members equal and informed. (pg. 14)
0 Diminishes purpose for citizen advisory boards. Separates politics from board discussions. (pg. 14)
0 Time consuming and duplicates the efforts of staff. (pgs. 14-15)
0 Conflicts with council-manager form of government. (pg. 15)
Code allows council to dissolve a board if: (pg. 17)
Cons:
Dissolvinp a board:
0
o It is no longer needed to meet its purpose, or purpose has been served
o Acts outside the scope of responsibilities
o A decision has been made by council
o No resources to support the board
o Appears to serve political interests
Member appointments and qualifications -
Recommendations bv staff reeardine advisory boards and committees:
0
o Qualifications should be clearly defined in the code. (pg. 2 1)
o Staff should proactively advertise board vacancies to maintain a pool of qualified interested
volunteers. (pg. 2 1)
o For internal and special project boards, staff should conduct recruitment process and make
appointment recommendations to council for final selection as a body. (pg. 22)
Boards enabling legislation and information should be together in one article of the code. (pg. 22)
Boards should have standardized operating procedures to ensure consistency. (pg. 22)
State definition of board and committee in the code. (pg. 22)
Formal orientation process should be a requirement for all board members to have clear purpose
of their roles and responsibilities. (pg. 23)
Review purpose and duties of boards to update code to reflect changes and current issues, such as
P & Z Commission to establish parametershiteria for architectural review. (pgs. 18,23)
Dissolve Education Advisory Board. Its purpose is no longer clear, and members have expressed
desire to disband. (pgs. 18,23)
Sunset GNA/Neighborhood Program Meetings and Gardens United as a city facilitated
committee; continue issue-driven community public meetings. (pgs. 19-21 , 23)
Establish by resolution or ordinance Economic Development Oversight Committee and Budget
Oversight Committee. (pg. 2 1)
0 Organization and operation -
o
o
o
o
o
0 Performance -
o
o
o
ATTACHMENT 2
~ E. Jablin c. wu
CITY ADVISORY BOARDS AND COMMITTEES
LIAISONS INFORMATION
. __ - ..-I-_---- R. Fems
T. Benothman
.................................................. ............. ............
-^ . . . ~ ---.-_--.. INTERNAL BOARDS
Art in Public Places Advisory Board
Communitv Aesthetics Board
----I------ -- . l-.-ll _-- - -"
--.--I-- ----1- ~ -I- - _-
Parks and Recreation Advisory Board
Economic Development Advisory Board
. ._ _. .I-I"-. SPECIAL PROjECT COMMITTEES ... . _._ - -. . - . - - .- --.
Budget Oversight Committee . --
___I--I_-- Education Advisori-Committee ..--_".I--- __
EXU..RNAl.. BOARDS
Intergovernmental Issues
Loxahatchee River
............ Coordinating "-I._ Council
Municbal Leaeue ............ .-..-I ............... ........._...-_-I^ ....
North County - Intergovernmental ...........
Northlake Boulevard
Task Force
Seacoast Utility Authority
P.B. Co. Metropolitan
Planning
.................................. - ..................... --
-.
---..~---._____,"-I---.- _____.. ..
. ..--..._.._....... ^..I._.....__.__.I
2004J2005 I 2004l2005
Staff Liaison I
Autumn Sorrow I
__.- .l---_l__-_l... _II ----
I__--
Alternate
A. Delgado ... ...... ............ . ... -t --------
Council Liaison
~--..-1-.-.-II D. Clark
D. Levy
l.-ll^l"_..l ..... .-I__.." ........ ...... .... .... ^.....~____.....^..,--__..^I ------- ll~."., .. .... .......... ........... ..... .._ .......... _ ----- I R. Ferris
E. Jablin
R. Ferris I ------
D. Clark I E. Jab'in
Internal Board - Permanent - adopted by Ordinance
External Board - Permanent, external to the City organization
SDecial Proiect Committee - adopted by Resolution with specific duties, effective dates and sunset dates.
Note: Ordinances updating and amending the City's Fire Pension Fund, Police Pension Fund and General Employees Pension Fund were recently approved by City Council on April 15, 2004. Further, because these boards function differently than the City's
advisory boards and committees, they have not been included in this chart.
' Proposed new name, formerly known as Art Advisory Committee * Proposed new name, formerly known as Beautification and Environmental Committee
' Proposed new name, formerly known as Economic Development Oversight Committee ' Proposed new name, formerly known as Education Advisory Board.
Proposed new name, formerly known as Planning and Zoning Commission 3
ATTACHMENT 3
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Sheryl Stewart, Assistant to the City Manager
DATE: May 4,2004
FROM: Patricia Snider, City Clerk
SUBJECT: Boards and Committees
Attached please find the summary sheet which captures all responses obtained fiom our
recent survey sent to the internal Boards and Committees.
If you need any additional information, please let me know.
cc: Chris Tatum, City Attorney
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Sec. 2-66. Nonmembem addressing the council. 0 8 2-81
(a) No person other than a member shall be allowed to address the council unless permitted
by the chair.
(b) All members of the public addressing the city council shall do so at the ledern provided,
(Code 1987,g 30.08)
Seo. 2-68. Enforcement or suspension of rules.
(a) The chair, when the city council is in session, shall enforce parliamentary rules for its
government in accordance with Robert's Rules of Order.
(b) Any of the parliamentary rules may be suspended by the vote of four members of the city
council for the meeting then in session.
(Code 1987,O 30.09)
Sec. 2-57. Voting.
All votes shall be cast by ayes (affirmative or negative) of the city council and the city clerk
shall record the vote of each member.
(Code 1987,O 30.10)
Sec. 248. Notice requirements of special and workshop meetings.
The city clerk shall post written notice of all special and workshop city council meetings on
all city bulletin boards as soon as practicable upon scheduling of same by the city council; and
all meetings of the city council shall begin at 8:OO p.m. unless changed by vote of the city
council.
(Code 1987,O 30.12)
.b
Sece. 2dB-2-80. Reserved.
ARTICLE 111. BOARDS, COMMITTEES AND COMMISSIONS+
DMSION 1. GENERALLY
Sec. 2-81. Furpoee.
The purpose of the following sections is to set forth procedures by which the various city
boards function. Boards are established to provide recommendations to and assist the city
*Cross references-Firefighters' pension trust fund board of trustees, 8 38-52; recreation - advisory board, 8 46-31 et seq.; police &icere' retirement trust fund board of trustees, 8 60-81
et seq. 0
Supp. No. 11 CD2:7
5 2-81 PALM BEACH GARDENS CODE
council with issues of concern in the city. Boards are advisory only and the creation of advisory
boards does not diminish or alter in any way the statutory and constitutional authority of the
city council.
(Ord. No. 12-1999, 6 1,4-8-99)
Editor's note-Ord. No. 12-1999,9 1, adoptad April 8,1999, repealed the former 6 2-81 and
enacted a new 8 2-81 as set out herein. The former 6 2-81 pertained to the limitation on
continuous terms of office and derived from Code 1987,f 32.01.
Sec. 2.82. Establishment of boards.
The city council may establish advisory boards by resolution or ordinance. Such resolution
or ordinance shall state the specific purpose for a board's creation, composition of the board,
qualifications of members, terms, and the board's area of responsibility.
(Ord. No. 12-1999, 0 1, 4-8-99)
Sec, 2-83. Membership.
All members on an advisory board must be residents of the City of Palm Beach Gardens
except as otherwise provided by law, and shall serve without compensation. All members shall
be governed in accordance with the Florida's Open Meetings Laws and City of Palm Beach
Garden's Resolution 66,1996, establishing a conflict of interest policy for council and advisory
boards.
(Ord. No. 12-1999, 8 1, 4-8-99)
Sec. 2-84. Terms of membership.
(a) Members shall serve until a successor is appointed.
(b) Members or alternates shall serve no more than six consecutive years, and no member
shall be eligible for appointment to the same board until one year from the date the person left
the board. The city council shall have the right to waive the foregoing requirement in the event
that no eligible candidate shall be available to fill the vacancy or the city council determines,
in the exercise of ita discretion, that the member's reappointment is in the best interests of the
city, notmithatanding that the member will serve longer than six consecutive years.
(Ord. No. 12-1999, 9 1,4-8-99; Ord. No. 9-2000, 9 2, 3-16-00)
Sec. 2-85. Alternatee.
(a) Alternate members shall be appointed by the city council and may participate in the
discussion of matters coming before the board but may vote only when any regular appointed
member is absent from a echeduled meeting.
(b) At all meetings, the chairperson of the board shall note for the record any member who
is absent and designate an alternate member to sit in the absent member's place.
(Ord. No. 12-1999, 0 1, 4-8-99)
Supp. No. 11 CD2:8
Sec. 2-86. Role of council liaison.
If a council liaison is appointed to the board, the council liaison shall be a nonvoting member
and shall not serve ae a member on subcommittees or ad hoc committees. The council liaison
Supp. No. 11 CD2:8.1
ADMINISTRATION 2-89
shall assist the board in setting goals and objectives and ensure that all applicable codes and
laws are adhered to. The council liaison shall provide updates at city council meetings on the
board's accomplishments and needs as well as communicate the council's desires to the board.
The council liaison shall allow the board to proceed with agenda discussion items without
comment, however, shall act as a resource to the board on questions concerning council policy.
(Ord. No. 12-1999, Q 1, 4-8-99)
Sec. 2-87. Officers.
I
(a) The board shall elect a chairperson and vice-chairperson and any other officers, as the
board deems necessary. The chairperson shall preside at board meetings, be the official
spokesperson for the board, and the formal liaison between the board and the city council and
city administration.
(b) The chairperson shall hold such office for one year. At the expiration of this one-year
term, the chairperson shall be succeeded by the vice-chairperson, who shall in turn hold the
office of the chairperson for one year. Upon the succession of the vice-chairperson to the office
of chairperson, the board shall appoint a new vice-chairperson to serve for a term of one year.
(c) The vice-chairperson shall assume the duties of the chairperson in the absence of the
chairperson. At any meeting where the chairperson and the vice-chairperson are absent, the
board shall appoint a chairperson pro tempore to assume the duties of the chairperson.
(Ord. No. 12-1999, 8 1, 4-8-99)
Sec. 2-88. Vacancies.
(a) Any member may be reappointed upon approval of the city council.
(b) Vacancies on a board shall be filled by the city council for the remainder of any
unexpired term.
(c) A regular or alternate member appointed to fill a vacant term of office, whose term is for
less than one year, shall not be precluded from serving the maximum number of full terms
allowed.
(Ord. No. 12-1999, $ 1, 4-8-99)
Sec. 2-89. Removal of members.
(a) All members of the board, including alternates, serve at the pleasure of the city council
and may be removed from the board with or without cause.
(b) Any member who no longer resides within the city during hisher term shall automat-
ically cease to be a member of the board and shall inform the city clerk's office.
(c) Any member who misses three consecutive unexcused meetings shall automatically
forfeit hisher appointment. In order for an absence to be excused, the member shall notify the
chairperson of the board prior to the meeting, unless the absence is an emergency, of the reason m Supp. No. 6 CD2:9
6 2-89 PALM BEACH GARDENS CODE
the member is unable to attend. It shall be the chairperson's sole discretion as to whether the
reason for not attending the meeting warrants an excused absence. Excused absences shall be
noted in the board minutes.
(d) Any member who recuses himself for conflict of interest at more than 20 percent of the
meetings shall be subject to removal by the city council.
(e) Any member who willfully neglects the state rules governing the open meeting laws or
council policy shall be removed.
(Ord. No. 12-1999, $ 1, 4-8-99)
Sec. 2-90. Organization, procedures.
The board may make such rules and regulations regarding the manner of conducting its
meetings and other rules and regulations as are not in conflict with those prescribed by the city
council. However, the city council may make and alter rules, as it deems necessary.
(Ord. No. 12-1999, S 1, 4-8-99)
Sec. 2-91. ClericaYtechnical support.
The city manager shall furnish the board with whatever clerical services and technical
assistance as may be required.
(Ord. No. 12-1999, 9 1, 4-8-99)
Sec. 2-92. Candidates for public office.
A member of a board must take a leave of absence from the board during any period of time
for which he or she is a candidate for election to a local, county, state or federal office. A leave
of absence does not constitute absence without cause as a member of the board and an
alternate may act in his or her place until the member is no longer a candidate. Election or
appointment of a member to the city council will result in automatic termination of that
person's membership on the advisory board.
(Ord. No. 12-1999, # 1, 4-8-99)
Sec. 2-93. Dissolution of boards.
The city council may dissolve a board if the city council determines that the board is no
longer needed to meet the purposes for which it was established except boards established by
the city charter.
(Ord. No. 12-1999, 9 1, 4-8-99)
Secs. 2-94-2-100. Reserved.
Supp. No. 6 CD2: 10
ADMINISTRATION Q 2-105
DIVISION 2. BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE*
Sec. 2-101. Establishment.
A beautification and environmental committee is hereby established by the city council.
(Code 1987, Q 32.15; Ord. No. 15-1999, Q 1, 4-8-99)
Sec. 2-102. Composition; qualifications.
The beautification and environmental committee shall be composed of nine regular
members.
(Code 1987, $ 32.16(a); Ord. No. 15-1999, Q 2, 4-8-99)
Sec. 2-103. Terms of membership.
(a) Members of the board shall serve for terms of three years.
(b) No member may serve more than two consecutive three-year terms.
(Ord. No. 15-1999, 8 3, 4-8-99)
Editor's note-Ord. No. 15-1999, Q 3, adopted April 8, 1999, repealed the former Q 2-103
and enacted a new Q 2-103 as set out herein. The former Q 2-103 pertained to the committee's
working relationship with the city manager and derived from Code 1987, Q 32.16(b), (c). e Sec. 2-104. Quorum.
Five members of the committee shall constitute a quorum. If a quorum is not present within
15 minutes after the time designated for commencement of a meeting, the meeting shall be
rescheduled.
(Ord. No. 15-1999, Q 4, 4-8-99)
Editor's note-Ord. No. 15-1999, Q 4, adopted April 8, 1999, repealed the former Q 2-104
and enacted a new Q 2-104 as set out herein. The former fi 2-104 pertained to the committee's
recommendations to the city council and derived from Code 1987, (j 32.16(d)).
Sea. 2-105. Preparation of master plan.
(a) One of the duties of the beautification and environmental committee is to prepare a
master plan for the beautification of the city designed to meet present and future needs of the
city. The master plan shall include, but is not limited to, the following:
(1) A graphic presentation showing a general outline of the nature and extent of the
proposed beautification of the city.
A suggested time schedule for the beautification, setting forth priority of projects as
recommended by the committee.
(2)
*Cross references-Environment, ch. 34; landscaping and vegetation protection, ch. 98;
natural resources and environmentally significant lands, ch. 102; public places, ch. 106;
zoning, ch. 118.
Supp. No. 6 CD2:ll
4 2-105 PALM BEACH GARDENS CODE
(3) An estimate of the cost of the work recommended broken down into various projects
and divisions of projects.
(4) An estimate of the maintenance cost for beautification of the city.
(5) Afeasibility report concerning the establishment of a town nursery and the methods of
financing same.
(6) A narrative discussion of the proposal clearly explaining the need, function, and value
of the master plan.
(b) Other duties of the committee shall consist of reporting to the city council from time to
time on improvements of maintenance of public areas, condition of the environment through-
out city in regard to air and water pollution and how to improve control and elimination of
same, and shall further render reports to the city council through the city manager on related
kindred subjects as shall be requested by the city council.
(Code 1987, 9 32.17)
Sec. 2-106. Submission of plan.
The beautification and environmental committee shall submit the master plan for the
beautification of the city to the city council for its consideration as soon as the same has been
prepared. Should the master plan or any modification thereof be accepted by the city council
and work begun in accordance with that plan, the committee will continue to give consultation
and to work in close cooperation with the city manager and with any other persons involved in
administering the details of the plan.
(Code 1987, Q 32.18)
Sec. 2-107. Reports.
The beautification and environmental committee shall make an annual report to the city
council prior to the city council reorganizational meeting and shall make such other reports as
may be requested by the city council.
(Ord. No. 15-1999, § 5, 4-8-99)
and enacted a new
records and derived from Code 1987, Q 32.19).
Editor's note-Ord. No. 15-1999, Q 5, adopted April 8, 1999, repealed the former 0 2-107
2-107 as set out herein. The former 4 2-107 pertained to the committee's
Sec. 2-108. General requirements.
In addition to the requirements of the above sections, all advisory boards, committees and
commissions shall comply with the requirements of sections 2-81 through 2-93.
(Ord. No. 15-1999, § 6, 4-8-99)
Secs. 2-109-2-130. Reserved.
Supp. No. 6 CD2:12
ADMINISTRATION Q 2-134
DIVISION 3. EDUCATION ADVISORY BOARD
Sec. 2-131. Establishment.
The education advisory board of the city is hereby established by the city council.
(Code 1987, 8 32.20; Ord. No. 13-1999, 0 1, 4-8-99)
Sec. 2-132. Composition; qualifications.
The education advisory board shall be composed of 11 regular members and four alternates,
appointed by the city council, who meet at least one of the following criteria:
(1) A representative on one of the following school advisory councils of the following city
schools: Palm Beach Gardens Elementary, Timber Trace Elementary, Allamanda
Elementary, Howell Watkins Middle, Duncan Middle, Palm Beach Gardens Commu-
nity High, Dwyer High and any future schools which will be added to the city
attendance boundaries.
(2) A representative on the school advisory councils of Suncoast High School, Alexander
Dryfoos Jr. School of the Arts and/or School of the Arts Middle.
Acommittee of students from any of the above mentioned schools which will constitute (3)
one voting member of the board.
A representative of the city business community (4)
(Code 1987, 8 32.21; Ord. No. 6-1995, Q 1, 4-6-95; Ord. No. 22-1997, 0 1, 7-17-97; Ord. No.
13-1999, Q 2, 4-8-99)
Sec. 2-133. Terms of membership.
(a) Members of the board shall serve for terms of two years.
(b) No member may serve more than three consecutive two-year terms.
Editor’s note-ord. No. 13-1999, 0 3, adopted April 8, 1999, repealed the former 4 2-133
2-133 as set out herein. The former $ 2-133 pertained to the education
(Ord. No. 13-1999, 0 3, 4-8-99)
and enacted a new
advisory board‘s organization derived from Code 1987, 0 32.22).
Sec. 2-134. Quorum.
Six members of the board shall constitute a quorum. If a quorum is not present within 15
minutes after the time designated for the commencement of a meeting, the meeting will be
rescheduled.
(Ord. No. 13-1999, 0 4, 4-8-99)
4, adopted April 8, 1999, repealed the former Q 2-134
and enacted a new § 2-134 as set out herein. The former Q 2-134 pertained to qualifications of
Editor’s note-Ord. No. 13-1999,
members of the education advisory board and derived from Code 1987, 0 32.22).
. Supp. NO. 6 CD212.1
0 2-135 PALM BEACH GARDENS CODE
Sec. 2-135. Duties and responsibilities.
The duties and responsibilities of the education advisory board shall be as follows:
Solicit input from parents, students and the community to clearly understand their
hopes and fears so that the board may actively address these issues.
Improve individual schools through active participation in each schoolk school advi-
sory committee.
Periodically meet with area superintendents, area school board members and the
school superintendent to express wants and needs expressed by the city council and to
receive feedback from the school system regarding same.
Address the school board on specific issues when requested to do so by the city council.
Provide the city council with a yearly "State of the Schools" report.
Monitoring of school board activities.
Serve as liaison between the county school board and the city council.
Participate in an information exchange via school newsletters and principal's office
with the administration of each city school as well as those attended by city students
elsewhere.
Development of recommendations for the city council regarding actions to be taken in
support of the city schools and issues related to proposed state educational legislation,
so that the city council may forward them to the county school board.
(10) Identifying and attempting to obtain available state and federal programs and grants
which could directly benefit city schools.
(11) Provide comments to the city council regarding proposed residential developments and
their impact upon the racial balance of schools.
(Code 1987, 0 32.24)
Sec. 2-136. Meetings; reports.
(a) The education advisory board shall meet at least once monthly in the city complex or at
one of the public schools located within the city boundaries.
(b) Board members who are on school advisory committees will also attend all school
advisory committee meetings.
(c) The education advisory board shall make an annual report to the city council prior to the
city council reorganizational meeting and shall make such other reports as may be requested
by the city council.
(Code 1987, ti 32.25; Ord. No. 22-1997, 8 2, 7-17-97; Ord. No. 13-1999, 3 5, 4-8-99)
Sec. 2-137. General requirements.
commissions shall comply with the requirements of sections 2-81 through 2-93.
(Ord. No. 13-1999, 3 6, 4-8-99)
In addition to the requirements of the above sections, all advisory boards, committees and
Supp. No. 6 CD2:12.2
Secs. 2-138-2-165. Reserved.
ADMINISTRATION $ 2-166
DMSION 4. PLANNING AND ZONING COMMISSION+
Sec. 2-166. Creation.
A planning and zoning commission is created for the city.
(Code 1987,$ 32.60)
Sea. 2-167, Membership generally.
(a) The planning and zoning commission shall be composed of seven members and two
alternate members.
(b) Members of the commission shall be residents of the city, The members of the
commission shall serve for terms of two years.
(c) The city council shall appoint seven members and two alternate members to the
planning and zoning commission by resolution; the alternate members shall serve as a
member of the board and have a voice and vote in the meetings of the board when any regular
appointed member thereof shall be absent from a scheduled meeting. The chairman of the
planning and zoning commission shall certify in the record of the proceedings of the board as
to which member is absent and the name of the alternate member who is sitting as a member
for a particular proceeding or meeting.
0
(d) Any member may be reappointed upon approval of the city council. Appointments to fill
any vacancy on the planning and zoning commission shall be for the remainder of the
unexpired term of office. Any member who fails to attend two out of three successive meetings
without cause and without prior approval by the chairman of the commission shall automat-
ically forfeit his appointment, and the city council shall promptly fill such vacancy. The
members shall serve at the pleasure of the city council, and may be suspended or removed for
cause by the city council.
(Code 1987, 0 32.61; Ord. No. 3-1999, 9 1,3-18-99)
Sec. 2-1118. Service without compensation.
Members of the planning and zoning commission shall serve without compensation.
(Code 1987, 8 32.62)
*Cross referencepAdministration of land development regulations, ch. 82; buildings and
building regulations, ch. 86; excavation and fill regulations, ch. 94; landscaping and vegetation
protection, ch. 98; natural resources and environmentally significant lands, ch. 102; signs, ch.
110; eubdivisions, ch. 114; zoning, ch. 118.
State law reference-Planning, F.S. 4 163.3161 et seq.
Supp. No. 11 CD2:13
6 2-159 PALM BEACH GARDENS CODE
Sec. 2-1119. Quorum.
Four members of the planning and zoning commission shall constitute a quorum for the
transaction of business.
(Code 1987, 6 32.63; Ord. No. 3-1999,g 2,3-18-99)
Sec. 2-160. Officers.
(a) The commission shall appoint its own chairman and chairman-elect, both of whom shall
serve one-year terms. The commission may delegate to these officers or other members of the
commission any powers and duties which are not inconsistent with state or local laws, as it
may deem advisable and expedient.
(b) The chairman shall hold such office for one year. At the expiration of this one-year term,
the chairman shall be succeeded by the chairman-elect, who shall in turn hold the office of
chairman for one year. Upon the succession of the chairman-elect to the office of chairman, the
commission shall appoint a new chairman-elect to serve for a term of one year.
(c) The chairman shall preside at commission meetings. The chairman-elect shall assume
the duties of the chairman in the absence or disability of the chairman. In the absence or
disability of both the chairman and the chairman-elect, the commission may appoint a
chairman pro tempore to fulfill the duties and functions of such office.
(Code 1987, Q 32.64; Ord. No. 1-1996, 0 1, 2-16-96)
Sec. 2-161. Powers and duties.
(a) The planning and zoning commission shall act as the site plan and appearance review
committee and shall have all the powere and duties associated with such committee in this
Code.
(b) The planning and zoning commission shall exercise and perform the following powers
and duties:
(1) Procure information and make recommendations to the city council of all facts bearing
upon the needs of the city with regard to recreation grounds and development of parks
and boulevards, the improvement of lake fronts, the extension and opening of streets
and avenues or other public ways or places, and all other city plans and improvements
generally.
(2) Receive all suggestions offered by citizens or officials within the scope of its powers and
report them to the council with ita recommendations.
(3) Review all plats of lands within the city and recommend to the council the acceptance,
modification, or rejection of those plats.
(4) When requested by the council, act in an advisory capacity in respect to plans for and
the erection of public buildings, bridges, approaches, or other structures erected, or to
be erected by the city, and all parks, boulevards and grounds for recreational purposes.
Supp. No. 11 CD2: 14
ADMIMSTRATION 0 2-161
Prepare and submit to the council regulations governing the platting of all lands so as
to require all streets and alleys to be of proper width, and otherwise to conform to
regulations prescribed by it, and require the owner of the lands to be platted to give the
city security, as a condition precedent to the approval of the plat, for the construction
and installation of public ways, sidewalks, curbs, gutters, sewers, and other improve-
menta within the subdivision at the cost of the owner.
Call upon any other department for assistance in the performance of its duties. It shall
be the duty of any other departments to render any assistance as may be reasonable,
all questions as to what shall constitute a reasonable requirement to be determined by
the council and ita determination thereof shall be final and conclusive.
The initiation of zoning regulations or all requests for zoning changes shall fwst be
submitted to the commission. The commission shall evaluate proposed zoning regula-
tion changes and hold not more than two advertised hearings of interested parties.
Recommendations concerning the same shall be submitted to the council.
The initiation of all requests for annexation of lands into the city, together with
requested zoning of the annexed lands shall first be submitted to the commission. The
commission shall evaluate such proposed annexation of lands together with zoning
thereof and shall hold no more than two advertised hearings of interested parties
thereon. Recommendatione concerning same shall be submitted to the city council.
The commission shall have such powers as are herein prescribed or as may be
necessary for the proper discharge of its duties.
The planning and zoning commission shall, upon the effective date of the ordinance
from which this subsection was derived (February 16,1996), assume the authority of
and those responsibilities previously invested upon and in the board of zoning appeals.
None of the powers, duties, or prerogatives of the commission shall be construed to be
in any way a limitation upon the duties, powers and prerogatives of the council, but in
every case shall be subordinata and subject to the approval of the city council.
(c) The planning and zoning commission shall act as the land development regulation
commission and shall have all the powers and duties associated with such designation,
including:
(1) Tb develop and recommend to the city council land development regulatione which
implement the adopted comprehensive plan; and
To review land development regulations, or amendments thereto, for consistency with
the adopted comprehensive plan and report to the city council regarding ita findings.
(2)
(d) The planning and zoning commission shall act as the local planning agency and shall
have all the powers and duties associated with such designation, including:
(1) Tb develop and recommend to the city council comprehensive plan revisions; and
Supp. No. 11 CD2:14.1
8 2-161 PALMBEACHGARDENSCODE
(2) To review comprehensive plan amendment petitions and recommend to the city council
regarding adoption of said amendment proposals.
(Code 1987, 9 32.66; Ord. No. 1-1996, 8 3, 2-16-96; Ord. No. 3-1999, 9 3, 3-18-99)
ch. 114; zoning, ch. 118.
Cmsr referencecAdministration of land development regulations, ch. 82; subdivisions,
Seca 2-162-2-189. Reserved.
DMSION 6. BOARD OF ZONING APPEALS
Sea. 2-170. Composition; appointments; officers.
(a) The board of zoning appeals shall be composed of seven members and two alternate
members. The members of the board shall serve for terms of two years. Members shall be
appointed by the city council by resolution. The alternate members shall serve as a member of
the board and have a voice and vote in the meetings of the board when any regular appointed
member thereof shall be absent fkom a scheduled meeting. Members of the board of zoning
appeala shall serve without compensation.
(b) The board of zoning appeals shall each year select from its members a chairperson and
vice chairperson.
(c) The city council may appoint itself as the board of zoning appeals.
(Ord. No. 3-1999, 0 6, 3-18-99)
Sea. 2-171. Jurisdiction.
(a) The board of zoning appeals as created in this division is a body of limited powers. The
board shall hear and decide appeals from and review any order, requirement, decision, or
determination made by the administrative officials charged with the administration or
enforcement of the city’s zoning code.
(b) The board of zoning appeals shall have no authority to authorize the use of any parcel
of property or structure in a manner not permitted by the zoning classification of the district
in which the property or structure is located.
(c) The concurring vote of the majority of the members of the board present shall be
necessary in order to support any decision or determination made by the board. Four members
of the board shall constitute a quorum for the transaction of all business before the board.
(Ord. NO. 3-1999, 8 6, 3-18-99)
Sec. 3-173. Proceedings.
(a) Any person aggrieved by a ruling of the building official or any city official, department,
board or council concerning the interpretation, administration, or enforcement of the citfs
zoning code may appeal to the zoning board of appeals. The appeal shall be taken within 30
days of filing with the growth management department a written notice of appeal specifying
the grounds thereof, together with any exhibits as are reasonably necessary.
Supp. No. 11 CD2:14.2
ADMINISTRATION 6 2-1’86
(b) AU petitions presented to the board of zoning appeals shall be in writing and shall have
application to only one parcel of land when a variance ie requeeted, or to a singular
administrative order when an adminietrative review ie requeeted.
(c) All statements of the findings by the board shall be included in the minutes ae to each
caee heard or considered by it. The reaeon for recommending or denying a variation aa
deecribed in thie division ehall aleo appear in the minutes. In every inetance, a brief statement
of the facta upon which the recommendatione are baaed shall appear in the minutee. The board
ehall notify the petitioner, in writing, of the action taken by the board at the hearing.
(Ord. No. 3-1999, 0 6,3-18-99)
(d) At the hearing, partiee may appear in pereon or by agent or attorney.
Sec. 2-179. Notice of hearings.
Decieions, findinpe, and recommendatione of the board of zoning appeals ehall be reached
only after a duly noticed public hearing. Notice shall be provided, ae defined herein, at the
applicant’e expense. In addition, the applicant shall provide written notice to the ownere of
property located within 600 feet of the subject property by mail at least ten daye prior to the
public hearing and ehall eubmit an affidavit atteeting to mailing of the said notice. Notice ehall
contain, at a minimum, the address or location of the property for which a hearing ia eought,
ae well aa a brief descriDtion of the nature of the application.
(Ord. No. 3-1999, 0 6,3-18-99)
Sec. 2-174. Stay of proceedings.
The appeal aa provided in thie division ehall etay all proceedings unless the building official
or another authorized city officer or department certifiee to the board of zoning appeale after
the notice of appeal has been filed, by reaaon of facta which ehall be eet forth in the certificate,
that a etay would cauee imminent peril to life or property, in which caee the proceedings shall
not be stayed otherwise than by a restraining order which may be granted by the board of
zoning appeala or by a court with appropriate jurisdiction.
(Ord. No. 3-1999, 0 6, 3-18-99)
Sece. 3-176-2-186. Reserved.
Supp. No. 11 CD2:14.3
6 46-31 PALM BEACH GARDENS CODE
ARTICLE 11. PARKS AND RECREATION ADVISORY BOARD*
Sec. 46-31. Establishment.
There is hereby established the city parks and recreation advisory board, hereinafter
referred to as the "board".
(Code 1987, 0 97.15; Ord. No. 1-1997, 0 7, 2-20-97)
Sec. 46-32. Membership and qualifications.
The board shall consist of seven regular members and two alternate members who shall
serve without pay and who shall be appointed by city council. The members of the board must
be bona fide residents of the city and registered voters.
(Code 1987, 6 97.16; Ord. No. 1-1997, 0 7, 2-20-97; Ord. No. 33-1997, 8 1, 7-17-97)
Sec. 46-33. Appointment and terms of office.
(a) The term of office of each member of the board shall be three years or until their
successors are appointed and qualified, and shall be in staggered terms.
(b) Reserved.
(c) Vacancies occurring other than by expiration of term shall be filled by the city council for
the remainder of the unexpired term.
(Code 1987, 8 97.17; Ord. No. 1-1997, 6 7, 2-20-97; Ord. No. 8-1998, 8 1, 5-7-98)
Sec. 46-34. Officers; rules and regulations.
Immediately after appointment, the board shall meet and organize by electing one of its
members chairperson and by electing any other officers as may be deemed necessary. The
board shall have the powers to adopt rules, regulations, and bylaws which are reasonably
necessary to conduct its business.
(Code 1987, 6 97.18; Ord. No. 1-1997, 5 7, 2-20-97)
Sec. 46-35. Duties.
(a) The board shall have the following duties:
(1) To make recommendations to the city council concerning the visioning and strategic
planning of the development of parks and recreation facilities in the city.
To hold reguIar meetings every other month and file a written report every other
month of its activities with the city council unless more frequently required or special
reports are requested by the city council.
(2)
*Cross reference-Boards, committees, commissions, 0 2-81 et seq.
0
e
e
supp. No. 5 CD46:8
PARKS AND RECREATION 5 46-57 0 (b) If any member of the board shall fail to be present at four consecutive regular meetings
or at 25 percent of the meetings of the board held within any 12-month period, a vacancy in the
board shall occur, unless the absence shall be excused.
(Code 1987, 8 97.19; Ord. No. 1-1997, 8 7, 2-20-97; Ord. No. 8-1998, 8 2, 5-7-98)
Secs. 46-3-6-56. Reserved.
ARTICLE III. PARK SIGNS RIEGULATIONS
Sec. 46-66. General provisions.
(a) This article shall apply to all park and recreation facilities, and all property owned or
leased by the city which is designated for park or recreation use and which is managed and
maintained by the city.
(b) All applications for park signs governed by this article are subject to approval by the
director of parks and recreation.
(Ord. No. 1-1997, 0 9, 2-20-97)
Sec. 46-57. Regulations and restrictions.
(a) Pursuant to section 110-2 of this code, the parks and recreation department (hereinafter
the "department") my erect signs according to the regulations set forth below:
The sign shall be a flat wall sign as defined in chapter 78, section 78-2 of this code.
The sign shall represent a bdraising, sponsorship or similar pecuniary benefit to the
city.
The sign may only be erected by the department on city property which is designated
for park or recreation use, and which is managed and maintained by the city.
The sign, whether temporary or permanent, shall be subject to the requirements and
prohibitions set forth in chapter 110, of this code.
Notwithstanding the regulations and restrictions set forth in chapter 110 of this code,
the sign shall not exceed a measurement of four square feet in size.
Notwithstanding the regulations and restrictions set forth in chapter 110, specifically,
section 110-2(d) and section 110-42, the sign shall not be illuminated by back-lighting,
internal lighting or face-lighting, or lighting from any source meant to provide
visibility.
The number of such signs is limited to one per building or structure.
Any sign erected by the department in accordance with the regulations set forth above
must also comply with the following restrictions:
(1) The sign shall not detract from the aesthetics of the park or recreation facility where
it is located;
Supp. No. 5 CD46:9
LAND DEVELOPMENT e Sec. 78-9. Effect of annexation.
6 78-23
Until changed by the city council, property annexed into the city shall retain the future land
use designation, zoning designation, and development order applied or approved by Palm
Beach County.
(Ord. No. 17-2000, 0 9, 7-20-00)
Sec. 78-10. Schedule of fees, charges, and expenses.
(a) Fees authorized. The city council shall establish a schedule of fees, charges, and
expenses and a collection procedure for development order applications, building permits,
certificates, appeals, and all other matters pertaining to this chapter. The schedule of fees shall
be available in the growth management department. Fees may be altered or amended only by
the city council.
(b) Payment of fees. Until all applicable fees, charges, and expenses have been paid in full,
no action shall be taken on any application, appeal, or other matter affected by this chapter.
(Ord. No. 17-2000, 10, 7-20-00)
Secs. 78-11-78-20. Resewed.
ARTICLE 11. REVIEW AND DECISION-MAKING AUTHORITY
Sec. 78-21. City council.
The city council shall exercise those powers and duties as provided by chapter 2 of the Code
of Ordinances of the City of Palm Beach Gardens.
(Ord. NO. 17-2000, 6 11, 7-20-00)
Sec. 78-22. Planning and zoning commission.
(a) Powers and duties. The planning and zoning commission shall exercise those powers
and duties as provided by chapter 2 of the Code of Ordinances of the City of Palm Beach
Gardens.
(b) Local planning agency. The planning and zoning commission shall serve as the local
planning agency, pursuant to F.S. Section 163.3174.
(c) Land development regulation commission. The planning and zoning commission shall
serve as the land development regulation commission, pursuant to F.S. Chapter 163.3164.
(Ord. No. 17-2000, 8 12, 7-20-00)
Sec. 78-23. Board of zoning appeals.
The board of zoning appeals (BZA) is established to decide upon variances, consider appeals
of interpretations, and perform such other duties as may be assigned by the city council. The
Supp. No. 10 CD78:15
0 78-23
planning and zonin
PALM BEACH GARDENS CODE
commission shall'serve as the BZA, unless otherwise provided by the city
council. "he provisions contained in this section shall apply only if the planning and zoning
commission is not serving as the BZA.
(a) Membership and appointment.
(1) Membership and appointment. The board of zoning appeals consists of seven
members appointed by the city council. The members of the board shall be
residents of the city, and shall serve threeyear, staggered terms without
compensation.
(2) Alternate members. The city council may appoint two alternate members to the
board of zoning appeals. The alternate members shall be residents of the city and
shall serve as members of the board and shall have a voice and vote in the
meetings of the board when any regular member is absent from a scheduled
meeting. The chairperson of the board of zoning appeals shall indicate in the
record of the proceedings of the board as to which member is absent and the name
of the alternate member who is sitting as a member for a particular proceeding
or meeting.
(b) Vacancies. Vacancies ahall be filled by the mayor, subject to confirmation by the city
council, for any unexpired term. Any member may be removed by the mayor for cause
after written charges have been filed, and after a public hearing has been held if such
a hearing is demanded by the member so charged.
(c) Ofiers. The board of zoning appeals shall elect, at the first meeting of the calendar
year, from its members a chairperson and vicechairperson. The chairperson or, in the
chair's absence, the vice-chairperson, shall preside over meetings, may administer
oaths, and perform such other duties as required by this section or as assigned by the
city council.
(d) Jurisdiction. The board shall have the authority and jurisdiction as provided below.
(1) Administrative decisions. The board shall hear and decide appeals from and
review any order, requirement, decision, or determination made by the adminis-
trative officials charged with the administration or enforcement of this chapter.
Variances. The board shall hear and decide requests for a variance from the
requirements of this chapter.
Prohibited variances. The board shall not have the authority to:
(2)
(3)
a. Grant a variance to authorize the use of any parcel of property or structure
in a manner not permitted by the zoning classification of the district in
which the property or structure is located; and
b. Grant a variance to the supplemental standards applicable to permitted and
conditional uses as provided in section 78-159.
(e) Meetings and proceedings. All meetings and public hearings of the board of zoning
appeals shall be open to the public. The minutes of the proceedings shall show the vote
Supp. No. 10 CD78:16
5 78-253 PALM BEACH GARDENS CODE
(4) Removal ofnative vegetation. Removal of native vegetation shall be minimized in the
land development process. When feasible, native material shall be relocated on site.
Native vegetation which cannot be transplanted or relocated on-site is encouraged to
be offered for donation or to be sold by the applicant.
(Ord. No. 17-2000, 8 119, 7-20-00)
Secs. 78-264-78-260. Reserved.
DMSION 6. PUBLIC PLACES*
Subdivision I. Art in Public Places
Sec. 78-261. Definitions.
(a) Definitions. The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this division, except where the context clearly indicates
a different meaning.
Construction cost means total costs of buildings constructed on the site. This includes
total vertical construction of all buildings on a project site. All buildings within
planned unit developments and planned community districts shall be assessed
cumulatively towards the art in public places requirement, even if they are permitted
separately. If the aggregate cost of the entire project exceeds the $1,000,000.00
threshold, each phase of development shall pay the required one percent of construc-
tion cost towards art in public places for the building project.
Development means any capital project to construct or remodel any private or public
development, except residential, or any portion thereof within the limits of the city,
where total construction cost equals or exceeds $1,000,000.00.
Works of art mean all forms of the visual arts conceived in any medium, material, or
combination thereof, including but not limited to painting, sculpture, fountains,
engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries,
photographs, drawings, and collaborative design projects between architects and/or
landscape architects and artists.
(b) Violations. Violation of this chapter shall be subject to enforcement as provided in article
(c) Art advisory committee.
(1)
VII.
Creation. The city council shall appoint an art advisory committee which shall consist
of five regular members and two alternates. The members shall be residents of the city.
Members of the city council and representatives of for-profit arts dealers or consultants
shall not be eligible for membership.
a. Duties. The committee shall screen submissions of existing or commissionable
works of art and shall make a recommendation to the city council. "he committee
*Editor's note-Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3.
Supp. No. 13 CD78:220
LAND DEVELOPMENT 0 78-262
shall make recommendations to the city council at time of building permit
application or prior to final site plan approval. The city manager shall have
authority to provide funds for administrative expenses of the committee.
Selection criteria. The criteria listed below must be considered by the art advisory
committee in the selection of an artist for a development project pursuant to the
requirements of this chapter.
1. Appropriateness of the artwork to the site and site environmental condi-
tions, including visual accessibility to pedestrian or vehicular traffic.
2. Quality of the artwork.
3. Maintenance requirements.
4.
5.
b.
Ability of the artist to complete the project within a specified schedule.
Exhibition and sales history of the artist, as well as works in public
collections and previous public art purchases or commissions.
Zoning consideration. Consideration must be given to project zoning (as base specifi-
cations and wind tolerance for sculpture). Permits and building approval must be
obtained, when necessary.
Meetings. The committee must meet at appropriate times to complete its task within
the specsled schedule. The art advisory committee shall develop regulations regarding
submittal and approval of recommended artwork.
Guidelines. The committee shall adopt Art in Public Places Implementation Guidelines
to assist both public and private sector planning activities.
Installation. Installation of artwork shall be guided by the standards listed below.
a.
b.
(2)
(3)
(4)
(5)
Artwork shall be installed to be visible to the maximum number of passers-by.
Artwork shall be integrated into the overall planning and design for a structure
or project, and shall be compatible with the intent and purpose of the structure
at which the work or works are located.
Artwork shall be integrated into the overall landscaping plan, and landscaping
shall be utilized to enhance the visibility of such works.
Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall
be illuminated from dusk until midnight.
Maintenance. Artwork shall be maintained in good conditions at all times, including
any associated landscaping or related improvements.
c.
d.
(6)
(Ord. No. 17-2000, 5 120, 7-20-00; Ord. No. 11-2002, 5 1, 3-21-02)
Sec. 78-262. Fee imposed on developments.
(a) Fee. All budgets for the new construction of private and public developments in the city,
as specified in section 78-261, shall include an amount of one percent of the total budgets as
a fee for art in public places. The fee shall be imposed and paid as provided below.
Deposit of funds. The developer shall submit to the city documentation showing that
a deposit was made with the developer's attorney into an escrow account in an amount
(1)
Supp. No. 13 CD78:221
0 78-262 PALM BEACH GARDENS CODE
of money equal to the art fee prior to the issuance of the first building permit. The
developer's attorney will furnish the city documentation of the withdrawals for
payment of art fees in accordance with the terms of the contract between the developer
and the artist or artists, of the developer's arts consultant. The developer's attorney
will provide the city a final certification and accounting of the payment of art and
consulting fees at the conclusion of the placement of artwork.
Surplus balance. Any surplus balance existing in the escrow accounts after the
developer has installed the required artwork shall be collected by the city. The surplus
balance shall be held in a segregated, interest-bearing fund, and shall be used for the
provision of additional art work at the construction site or another site within the city.
Use of such funds shall be determined by the city council and shall be in accordance
with further provisions of the chapter.
Artist selection. The selection and commissions of the artists shall be by written
contract between the developer and artists.
Arts consultant. The developer may utilize up to 15 percent of the required fee to retain
an arts consultant to assist in the selection and procurement of required artwork. The
arts congultant shall have no financial relationship with the artist, or any ownership
in artwork purchased by the developer.
Cost overruns. If the final project cost is higher than the cost figure used to calculate
the preliminary art budget, the art budget must be increased as necessary to equal one
percent of the actual defined total project cost. The art budget must be revised within
30 calendar days of any such changes.
(b) Location. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
(c) Contribution of developer. Instead of providing the artwork on the project site, a
developer may choose to contribute one percent of the total construction costs as the required
art fee. If the contribution is made, the contribution shall be placed in the city's art account.
The contributor shall have no input in the use of such funds.
(1) Artist selection. The selection and commissions of the artists and artwork shall be by
written contract between the city and artists.
Use of purchased art. All artwork purchased by the city required art fee contribution
shall be displayed on city-owned land, a city-owned building, or a city-leased or rented
facility. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
Art consultant. The city may utilize up to a maximum of 15 percent of the funds
allocated from the art account for any particular city facility to retain an art consultant
to assist in the selection and installation of artwork.
(2)
(3)
(d) Guidelines. The selection and commissioning of artists shall be in accordance with the
Art in Public Places Implementation Guidelines adopted by the art advisory committee. e
Supp. No. 13 CD78:222
LAND DEVELOPMENT 0 78-262
(e) Special art advisory committee.
(1) Creation. The city council shall appoint a special art advisory committee to render an
advisory opinion regarding but not limited to the following:
a.
b.
The suitability of the construction project as a location for works of art;
The nature of the works of art which are most appropriate for the construction
project; and
The best method of securing the recommended works of art. c.
(2) Duties. The city council shall specify the scope of the opinion which it elicits from the
special art advisory committee, and the time limit within which a response is required.
(3) Ownership and maintenance. Artworks purchased pursuant the requirements of this
subdivision belong to the property owner, and must be insured and maintained.
Artworks purchased under subsection 78-262(c) are the property of the city and shall
be maintained by the city. Artwork installed in accordance with this chapter cannot be
altered or removed from the site without approval of the city council. When developer-
owned art is situated at or on property or facilities owned or occupied by the city, the
developer may transfer ownership to the city. Such art must be maintained by the city,
The city has the right to maintain any art it deems improperly maintained and charge
the owner the cost of such maintenance.
(0 Insurance. Proper insurance coverage shall be maintained by the city on artworks
purchased with funds generated by this article or on artwork whose ownership has been
transferred to the city.
(g) Appraisal. To establish the value of art submitted to comply with this division, the art
advisory committee shall have the authority to employ an independent art appraiser to provide
a written appraisal of the art submitted. Such appraisal will be paid for by the developer as
part of the overall art contribution.
(h) Waiver of requirements.
(1) Waiver. The city council may waive the requirements contained in this chapter,
utilizing the standards contained herein. Promotion of the general welfare of the city
shall be a major factor in the waiver or reduction of fees.
Existing structures. Required fees may only be waived in whole or in part provided an
existing complex is subject of extensive plans for redevelopment of the exterior of
existing structures, or buildings are demolished and replaced with square footage
equal to or less than that of original buildings.
(2)
(3) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if
any, which provide substantial improvement in excess of existing requirements shall
be factors to be considered in the waiver process.
Supp. No. 13 CD78:223
5 78-262 PALM BEACH GARDENS CODE
(4) Criteria for waiver of fees. The city council shall consider the following when
considering a request to waive or reduce required fees:
a. The impact of proposed improvements on the appearance and utility of an
existing structure;
The impact of proposed improvements on existing and potential tenants or
businesses; and
The probability of the owner acquiring substantial or anchor tenants to assist in
relieving financial problems, excess vacancy rates, dilapidated appearance, and
similar
b.
c.
(5) Credit for expenditures.
a. Monies expended for the purpose of meeting minimum code or site plan
requirements shall receive no credit for payment of required fees.
Landscaping shall be considered a temporary improvement as compared to a
permanent structural improvement in determining a monetary credit. The city
council may not authorize more than 50 percent credit for the cost of installing
new or replacement landscaping. Unusual cost of individual plantings or groups
of plantings, such as rare exotics, shall not be considered as the sole factor for
credit.
b.
(i) Architectural features. The city council may grant a partial credit toward required fees
when a project contains unusual architectural features.
0’) Aesthetic features. The city council, upon the recommendation of the art advisory
committee, may give a developer partial credit for an element of the project which supplies
creditable aesthetic features for the benefit of the public.
(Ord. No. 17-2000, Q 121, 7-20-00)
Secs. 78-263-78-270. Reserved.
DMSION 7. SIGNS*
Sec. 78-271. Intent and purpose.
The purpose of this division is to create the legal framework for a comprehensive and
balanced system of signage to facilitate an easy and pleasant communication between people
and their environment and to avoid the visual clutter that is potentially harmful to traffic and
pedestrian safety, property values, business opportunities and community appearance. With
these purposes in mind, it is the intent of this division to authorize the use of signs, provided
*Editor’s note-Formerly, div. 6. See the editor‘s note ch. 78, art. V, div. 3.
Supp. No. 13 CD78:224
CITY OF PALM BEACH GARDENS
DATE: January 9,2006
TO: Mayor and City Council
FROM: Christine P. Tatum, City
Ron Ferris, City Manager
RE: Settlement Proposed by Roger Blangy
Attached is a copy of a Settlement Agreement proposed by Roger Blangy with
reference to the challenge to the City’s FDOT permit for the Kyoto Drive railroad
crossing that he initiated in 2002. Also attached are copies of correspondence relative
to this issue. The Settlement Agreement reflects the previous offer that Mr. Blangy
made in April 2005. Since he was not represented by counsel in this matter, his verbal
offer was reduced to writing by the City Attorney’s office. Mr. Blangy’s requested
changes to this document are outlined in his letters of December 19, 2005, and January
5, 2006.
Background
As you will recall, the City applied for a permit to construct an at-grade crossing for the
Kyoto Gardens Drive. The FDOT issued a notice of intent to issue the permit, which was
challenged by the FEC and separately challenged by Roger Blangy. In September of
2003, the City entered into a Stipulated Agreement with the FEC.
Mr. Blangy’s challenge to the FDOT permit has been pending with no recorded activity
since Auqust 15. 2003. On that date, a telephonic hearing was held with the Administrative
Law Judge, and Mr. Blangy informed him that he would dismiss his challenge if the City, in
good faith, pursued the possibility of a Quiet Zone designation for the Kyoto Gardens
crossing.
Consistent with the assurances made by the City during the hearing, the City has made
extensive efforts to establish a Quiet Zone, which efforts are outlined in detail in the
attached November 18, 2005, letter to Bruce Conroy. At no time were there any
discussions with the Administrative Law Judge relating to funding of a Gardens Woods
sign. In point of fact, there is no relationship between the allegations of the challenge to the
FDOT permit which bear any relationship to a sign for the neighborhood.
Mayor and City Council
January 9,2006
Page 2 of 2
The City has in good faith pursued the Quiet Zone designation, but at this point a Quiet
Zone cannot legally be instituted. The City has also-in good faith pursued setting aside
funds for a Quiet Zone when and if one is legally possible.
Recommendation
The City is not in a position at this time to ask for the installation of two wayside horns.
No application can be submitted for the Kyoto Gardens crossing until after the crossing
is constructed, operational, and a noise study has been performed. Additionally, Hood
Road and RCA Boulevard are county roadways, and the City does not have jurisdiction
to request a wayside horn at that intersection unless the County and City agree to enter
into an Interlocal Agreement.
Additionally, the issue of funding for the neighborhood sign is totally unrelated to the
administrative case, and should be addressed through the neighborhood improvement
grant available through the Growth Management Department.
Based upon the foregoing, City staff does not recommend approval of the Settlement
Agreement as proposed. At Mr. Blangy’s request, this matter is scheduled for the City
Council agenda on January 19, 2006. Please let us know if you wish to discuss this
matter prior to that meeting.
Attach men ts
G:\attorney-share\MEMOS\council - Blangy.doc
Settlement Proposed by Roger Blangy
Including changes submitted December 19,2005 and Jan. 5,2006
STIPULATION OF THE PARTIES
FOR THE OPENING OF
HIGHWAY-RAIL GRADE CROSSING AT KYOTO GARDENS DRIVE
CITY OF PALM BEACH GARDENS, FLORIDA
The City of Palm Beach Gardens, hereinafter referred to as “CITY,” and Roger
Blangy, hereinafter referred to as “BLANGY”, hereby file this Stipulation of Parties. The
parties have agreed to settlement of DOAH Case No. 02-0327 upon the following terms
and conditions, without adjudication of any issue of fact or law and without any party
admitting liability for any of the matters alleged in the Petition.
WHEREAS, the CITY filed an application with the Department of Transportation,
hereinafter referred to as “DEPARTMENT,” for a permit to open a public highway-rail
grade crossing at Kyoto Gardens Drive, at or near the Florida East Coast Railway,
L.L.C.’s, hereinafter referred to as “RAILROAD,” Milepost 289 + 3,221’, in the City of
Palm Beach Gardens, Florida (the “Crossing”), pursuant to Section 335.141 (I), Florida
Statutes.
WHEREAS, on December 18,2001, the DEPARTMENT issued a Notice of Intent
to issue a Permit for the Crossing. The RAILROAD made a written request for a formal
administrative hearing pursuant to Section 120.57(1), Florida Statutes, in regard to the
application for the Crossing, which was assigned DOAH Case No. 02-0321.
WHEREAS, BLANGY filed a related case which was assigned DOAH Case No.
02-0327, and later consolidated for all further proceedings with DOAH Case No. 02-
0321.
WHEREAS, on September 26, 2003, the CITY, the RAILROAD, and the
DEPARTMENT entered into a Stipulation of the Parties resolving the issues between
the CITY, the RAILROAD, and the DEPARTMENT.
WHEREAS, the CITY and the RAILROAD executed a perpetual license
agreement incorporating the terms of this Stipulation regarding the Crossing.
WHEREAS, this Stipulation of Parties has been executed by all parties having an
interest in this matter.
NOW , THEREFORE, in consideration of the mutual promises and the respective
agreements, representations, and conditions contained herein, the CITY and BLANGY
agree as follows:
1. The CITY shall file an application for approval to install a wayside horn
system at the Kyoto Gardens Drive crossing.
2. If such application is approved and FDOT is unable to finance the system,
the CITY shall provide funding for the installation of the Wayside horn system at the
Kyoto Drive RR crossing in an amount not to exceed $60,000.00.
3. In recognition that Blangy saved expenses to the CITY in authorizing the
cancellation of the Administrative Hearing on the Kyoto Drive railroad crossing issue
scheduled from September 15 through 19, 2003, the CITY shall provide funding in an
amount not to exceed $5,600.00 to be known as a substitute to the resident’s
contribution for the Gardens Woods sign. That sum is to be added to the $3,000.00
grant authorized by the Growth Management for the installation of a neighborhood sign
for Garden Woods. It is further agreed that the CITY will maintain such sign after
installation.
2
4. The Petition of BLANGY (DOAH Case No. 02-0327) shall be deemed
withdrawn upon execution of this Stipulation by both parties.
ROGER BLANGY
By:
Authorized Signature
Printed Name:
Attest:
Date:
CITY OF PALM BEACH GARDENS
By:
Authorized Signature
Printed Name:
Title:
Attest:
Authorized Official
Date:
APPROVED AS TO FORM AND
LEGAL S U FFI CI ENCY
By:
Christine P. Tatum, City Attorney
\\pbgsfile\Attorney\attorney_share\AGREEMENTS\Stipulation Kyoto Gardens Blangy.doc
3
FROM : ROGER BLANGY . . . FFlX NO. :
. . ... . . . .
Jan. 05 2006 1: :47F11 F3
January 05,2006
Ms Christine P. Tatturn
City Attorneya
Dear Ms Tatum.
Further to my letter of Dmbcr 19.2005 I would appreciate if you wuld add the
followirig in pramph 3:‘ion the Kyoto Drive railroad crossing issue”.
3. In recognition that RIayy saved expenses to the city h authorizing the
cancellation ofthe
scheduled from Septmba 15 throu~$19,2003, the City shall providehding in an
amount not to exceed $5,600.00 to be known as a substitute to the resident’s contribubon
for the Garden Woods sign. That sum is lo be added to the $3,000.00 grant authoriztd bJ
the Growth Maoagcjment for the installation of a neighborhd sign for Garden Woods. I1
is flirther agreed that the City will maintain such sign albr installation.
‘ve Hearing on the Kyoto Drive ra.ilX0a.d crossing issue
I understand that the presentation to the City Council has been changed to 3anuary 19,
2006.
Sincerely,
Roger Blangy
11658 Hamlock Stseet
Palm Bwh Gardens
Fl33410
FROM : ROGER BLRNGY FAX NO. : CI , ., I Dec. 19 2005 09:46AM Pi
- . . . . ..... - . . .- . . -
December 19,2005
M.s Cbriitine P. Tatum
City Attorney. ,
Dear Ms Tatum.
I wik very disappointed by your letter of December 16,2005, however 1 would like to
propose the following changes in the draft settlement for DOAH Case No. 02-0327.
Parammh 2. If such application is approved and FDOT is unable to finance the system,
the City shall provide funding for the installation of the Wayside horn system at the
Kyoto Drive R.R crossing in an amount not to exceed $60,000.00.
Parag;raDh 3 In recognition that Blangy saved expenses to the City ia authorizing the
cmcellation of the Administrative Hearing scheduled fiom September 15 through 19,
2003, the City shall provide fbnding in an mount not to exceed $5,600.00 to be known
as a substitute to the resident’s contribution for thc Garden Woods sign, That sum is to be
addcd to the $3,000.00 grant authorized by the Growth Management for the installation
of a neighborhood sign far Garden Woods. It is fbrther agreed that the City wiil maintain
such sign after installation.
Because a grant for S 8,600.00 fiom Growth Management is not possible for the Garden
Woods sign, I believe it is the only way the residents of Garden Woods could be
rewarded for the very long and stressful procedure in the Kyoto Drive RR crossing issue.
J would be very grateful if you could endme and present the settlement on January 05,
2006 for a possible approval by the City Council. If you have any question or comment
please feel fiee to call me at 622-3407.
Palm Beach Gardens
Florkla 33410
cc: City Council
Ron Ferris, City Manager
Charles Wu, Growth Management Administrator
Allyson Maim, Administrative Projects Coordinator
Bruce Conroy, Chief Administrative Law Counsel, FDOT
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
December 16,2005
Mr. Roger Blangy
1 1658 Hemlock Street
Palm Beach Gardens, FL 33410
Dear Mr. Blangy:
Attached is a copy of the Settlement Agreement reflecting the previous offer that you made in April
2005. As you will remember, this Settlement Agreement is not the City’s offer to settle. Since you
were not represented by counsel in this matter, I agreed to have your verbal offer reduced to
writing for consideration by the City Council. I am unsure of what changes you are proposing in
your letter of December 16, 2005, so I would suggest that you make your changes in writing on this
document and return the same to my office for presentation to the City Council for their
consideration.
However, please note that the City is not in a position at this time to ask for the installation of two
wayside horns. As we have previously explained to you, no application can be submitted for the
Kyoto Gardens crossing, until AFTER the crossing is constructed, operational, and a noise study
has been performed. Additionally, Hood Road and RCA Boulevard are county roadways, and the
City does not have jurisdiction to request a wayside horn at that intersection unless the County
agrees to enter into an Interlocal Agreement.
Additionally, as I explained in my letter to you of December 12, 2005, the issue of funding for the
neighborhood sign is totally unrelated to the administrative case, and should be addressed through
the neighborhood improvement grant available through the Growth Management Department.
If you wish to have your settlement offer considered by Council at their meeting of January 5, 2006,
it will be necessary for you to submit any proposed changes to me no later than Friday, December
23, 2005.
Sincerely,
aristine P. Tatum
City Attorney
Attachment
C: City Council
Ron Ferris, City Manager
Allyson Maiwurm, Administrative Projects Coordinator
Bruce Conroy, Chief Administrative Law Counsel, FDOT
\\Pbgsfile\Attorney\attorney-share\CORRESPONDENCE\Blangy re settlement.doc
OFFICE OF THE CITY ATTORNEY
PHONE: 561-799-4138 FAX: 561-799-4139
E-MAIL: CTATUM@PBGFL.COM
Settlement Proposed by Roger Blangy
STIPULATION OF THE PARTIES
FOR THE OPENING OF
HIGHWAY-RAIL GRADE CROSSING AT KYOTO GARDENS DRIVE
CITY OF PALM BEACH GARDENS, FLORIDA
The City of Palm Beach Gardens, hereinafter referred to as ‘CITY,” and Roger
Blangy, hereinafter referred to as “BLANGY”, hereby file this Stipulation of Parties. The
parties have agreed to settlement of DOAH Case No. 02-0327 upon the following terms
and conditions, without adjudication of any issue of fact or law and without any party
admitting liability for any of the matters alleged in the Petition.
WHEREAS, the CITY filed an application with the Department of Transportation,
hereinafter referred to as “DEPARTMENT,” for a permit to open a public highway-rail
grade crossing at Kyoto Gardens Drive, at or near the Florida East Coast Railway,
L.L.C.’s, hereinafter referred to as “RAILROAD,” Milepost 289 + 3,221’, in the City of
Palm Beach Gardens, Florida (the “Crossing”), pursuant to Section 335.141 (I), Florida
Statutes.
WHEREAS, on December 18,2001, the DEPARTMENT issued a Notice of Intent
to issue a Permit for the Crossing. The RAILROAD made a written request for a formal
administrative hearing pursuant to Section 120.57( 1 ), Florida Statutes, in regard to the
application for the Crossing, which was assigned DOAH Case No. 02-0321.
WHEREAS, BLANGY filed a related case which was assigned DOAH Case No.
02-0327, and later consolidated for all further proceedings with DOAH Case No. 02-
0321,
WHEREAS, on September 26, 2003, the CITY, the RAILROAD, and the
DEPARTMENT entered into a Stipulation of the Parties resolving the issues between
the CITY, the RAILROAD, and the DEPARTMENT.
WHEREAS, the CITY and the RAILROAD executed a perpetual license
agreement incorporating the terms of this Stipulation regarding the Crossing.
WHEREAS, this Stipulation of Parties has been executed by all parties having an
interest in this matter.
NOW, THEREFORE, in consideration of the mutual promises and the respective
agreements, representations, and conditions contained herein, the CITY and BLANGY
agree as follows:
1. The CITY shall file an application for approval to install a wayside horn
system at the Kyoto Gardens Drive crossing.
2. If such application is approved, the CITY shall provide funding for the
installation of the wayside horn system in an amount not to exceed $50,000.00.
3. The CITY shall provide funding in an amount not to exceed $8,600.00 for
the installation of a neighborhood sign for Garden Woods, and further agrees to the
maintenance of such sign after installation.
4. The Petition of BLANGY (DOAH Case No. 02-0327) shall be deemed
withdrawn upon execution of this Stipulation by both parties.
2
ROGER BLANGY
By:
Authorized Signature
Printed Name:
Attest:
Date:
CITY OF PALM BEACH GARDENS
Authorized Signatu re
Printed Name:
Title:
Attest:
Authorized Official
Date:
APPROVED AS TO FORM AND
LEGAL SU FF I CI ENCY
By:
Christine P. Tatum, City Attorney
\\pbgsfile\Attorney\attorney_share\AGREEMENTS\Stipulation Kyoto Gardens Blangy.doc
3
’ FROM : ROGER BLFlNGY
Ikcernber 16,2005
Ms Christine P. Tatum
City Attorney.
I
FQX NO. : Dec. 16 2005 IQ:01t3M F1
Enclosed is the correspondence I seat to Vice-Mayor Eric Jablin on December 12,2M5.
ARer speaking to Ms Maiwum it kerns that tbe City will ask for two Wayside horn
(Kyoto Drive and Hood mad or RCA Blvd) as it was the Wish of FDOT to bve more
than one RR crossing in order to have the grant-
On December 15,2005, before the City Council meeting, I was able to speak to Mr Ja Ain
and I confirmed to him that I would sign the type of settlement that you sent me on &d’
15,200S. Mr Jablin advised me that he would talk to you about it. If you accept to send
me mother draft I believe you may want to change paragraph 2 and for paragraph 3 I
was asking for a con;Oidemtion, not to exceed $8,600.00.
1 spoke to Mr Bruce Conroy FDOT Chief Administmtive hw Council and he is givins
me a little more time to resolve my case with the City.
Hopiug you will be able to 8ccepf my proposal.
Sincerely, /7
11658 Hemlock Street
Palm Beach Gardens
FI 33410
cc: City Comcil
Ron Ferris, City Manager
Allyson Maiwm, City Projects Coordinator
I
.
FRIJM : ROGER BLQNGY FAX NO. : Dtc. 16 2005 10:01FIM F2
December 12,2005
Eric Jablin
Ph Beach Gardens Vim-Mayor
De;u Eric.
As you know the City/FDoT aad FEC settled on the Kyoto Drive RR crossing but we
new settled our case. Following our meeting with you on April 5,2005 Ms Tatwn sent
me on April 15,2OO5 adrail for a settlement agreement. I was ready to sign it but Ms
Tahun advised me not to do it became she thought that tfic Council would not accept the
settlement until FDOT would oo&m that they would pay for a Wayside Horn at the
Kyoto Drive RR cross^.
With the conversation we had lately I am convinced that FDOT will follow through with
their grant but it &pen& on the City to send the information FDOT require. If Boca
Raton is going through with their demand to FDOT for a demonstration Wayside Horn at
two of their RR crossings I believe it is probably because they think, like I do, that FEC
will not 8coept vcry $0011 not to blow theirtrain horn at their crossings. I WFEC is
more likely to accept Wayside Horn at their crossinffs which would be a substitute to
train horns.
As you know I alrtdady wed me money t~ the City by agreeing to cancel the planned
Administrative Hearing arad now, at my suggestion, if the City pursues their demand for
two Wayside Horn, they will save more mow. Therefore I believe that the planned
setticment agrttmeat should go through and I m ready to sign it if you think it is right
for the City Council to accq% it.
Palm Beach Gardens
F133410
Tel: (561) 622-3407
Enclosure: Copy of Ms Tattun's draft settlement
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
November 18,2005
Bruce Conroy
Chief Administrative Law Counsel
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 32399-0450
Re: Roger Blansv v. FDOT
Case No.: 02-004
Dear Mr. Conroy:
The City Attorney has forwarded your letter dated October 28, 2005, regarding the above-
styled case. The City concurs with the Department's understanding that Roger Blangy
indicated that that he would withdraw his petition if the City, in good faith, investigated the
installation of either an automated horn system or established a quiet zone for the Kyoto
Gardens Drive crossing.
Please be advised that the City has indeed pursued this matter in good faith. In addition to
utilizing City staff to pursue this project, the City engaged the services of the engineering
firm of LBFH to perform certain research and studies for the City regarding the feasibility of
either or both a quiet zone designation or automated horn system.
As you are aware, the effective date of the Interim Final Train Horn Rule was delayed
repeatedly, and the Rule did not go into effect until June 24'h of this year. In anticipation of
the effectiveness of the Rule, the City conducted a meeting on February 2, 2005, to discuss
and determine the implementation of a quiet zone throughout Palm Beach Gardens. Those
in attendance included: Tom Drake, Regional Manager of the Federal Railroad
Administration (FRA), representatives from the State of Florida Department of
Transportation (FDOT), and representatives from Florida East Coast Railway (FEC). After
a thorough discussion of the characteristics of each crossing and evaluation of the
approved supplementary safety measures as proposed by the Train Horn Rule, it was
determined that four-quadrant gates would be necessary in order to achieve a federally-
designated quiet zone. The application to the FRA for a designated quiet zone will consist
of plans showing the existing conditions at each crossing and construction plans showing
the proposed conditions at each crossing.
Mr. Bruce Conroy
November 18,2005
Page 2 of 2
The City has budgeted funds in each of the past two fiscal years so that there will be
funding available should a quiet zone designation become available for the FEC line. At a
strategic planning retreat held in April of 2005, the City Council identified establishing a
quiet zone as a priority.
In addition to pursuing the possibility of a city-wide Quiet Zone, the City has also explored
Mr. Blangy’s suggestion of an automated horn system. The estimated costs for the
installation of an automated horn system at the proposed Kyoto Gardens Drive crossing is
approximately $60,000.00. The City submitted a request for funding through a grant by the
Florida Department of Transportation. The latest correspondence from the FDOT indicates
that funding would not be possible for the Kyoto Gardens Drive project (a copy is included
for your reference).
Additionally, the City has pursued conversations directly with Mr. Blangy to resolve his
concerns. Due to the extent of the requested level of funding for issues unrelated to the
Kyoto Gardens Drive crossing, no resolution has been achieved.
I have included copies of relevant correspondence and memoranda establishing the City’s
good-faith efforts to resolving this issue. The City does remain committed to exploring
either the quiet zone or the automated horn system. In light of these efforts, the City
believes that Mr. Blangy should withdraw his objection as he committed to during the
conference call. Alternatively, the City feels that it would be appropriate for the Department
to pursue dismissal of Case No. 02-004. Please advise if any additional information is
necessary.
Sincerely,
Ronald M. Ferhs
City Manager
Enclosure
c: City Council
Roger Blangy
G:\attorney-share\CORRESPONDENCE\FDOT letter from Christine re Blangy case (2).doc
JEB BUSH
GOVERNOR
-Q
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 32399-0450
Office of the General Counsel
Mail Station 58
(850) 414-5265
October 28, 2005
Christine Tatum, Esquire
City of Palm Beach Gardens
Office of the City Attorney
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Re: Roper Blanw v. FDOT
Case No.: 02-004
Dear Ms. Tatum:
DENVER J. STUTLER, JR.
SECRETARY
In communications with Le Department, Mr. hdngy has indicated that were the City of
Palm Beach Gardens to investigate an automated horn system or a quiet zone, his interest
would be satisfied and he would withdraw his petition. Further there is language to that effect
in the parties’ Joint Motion to Relinquish Jurisdiction.
The related matter of Florida East Coast Railway. L.L.C. v. Department of
Transportation and City of Palm Beach Gardens has been dismissed now for approximately two
years. In pursuit of a resolution to Mr. BIangy’s petition, the Department requests
confirmation from the City that it has, or is continuing to, in good faith consider an automated
horn system or quiet zone. Please confirm what action has been taken by the City thus far and
what action, if any, is planned for the future. A response from the City Manager would be
most helpful.
www.dot.state.fI.us @ RECYCLEDPAPER !
I
Please feel free to contact me at (850) 414-5265 with any questions or concerns relating
to this request. Thank you for your assistance.
Sincerely,
BRC/las
cc: Janice Bordelon, Rail Program Specialist
Bruce Conroy
Chief Adminstrative Law Counsel
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: June 1,2005
THROUGH: Ron Ferris, City Manager
FROM:
SUBJECT: Strategic Planning Retreat Report
Sheryl Stewart, Assistant to the City Manager
Council-Manager Workshop
Strategic Planning Retreat Report
Attached to this memorandum you will find a copy of the final report from the strategic
planning retreat which was held on April 28 - 29, 2005. The report, prepared by our
facilitator, Marilyn Crotty, provides a summary of the topics that were discussed, and a
list of the goals, objectives, and priorities that were identified. To highlight from the
report, the following is a list of the priorities from the retreat:
Tier One (received the most support)
> Provide periodic town hall meetings > Hold more citizen workshops on controversial issues > Review citizen advisory boards - appointments, functions, liaisons > Develop creative transit system where appropriate (including advisory board, outside
funding)
Tier Two
> Establish a Quiet Zone > Perform budget analysis including staffing levels (internal)
P Proactive plan for western growth (internal and external) > Diversify land use to accommodate appropriate non-residential uses > Improve Council/Staff relations: regularhnformal workshops - policy issues (City
Manager and appropriate staff) > Explore developing business recruitment process for city - use citizen volunteers
(ambassadors; incentives, perhaps)
Looking at the results from the Town Hall meeting, we have found that the citizens and
Council have identified the same priorities as those listed above as the direction for the
city’s future. These priorities are being incorporated into our strategic planning and
budget preparation processes.
Council-Manager Workshop
As referenced above, one of the priorities identified during the retreat was to establish
regular, informal workshops for the Council, City Manager and appropriate staff to
discuss policy issues. We would like to take this opportunity to hold our first Council-
Manager workshop session with you on Monday, June 13,2005, from 5:OO P.m. - 6:30 m, to talk about several current topics, including:
Christ Fellowship
Impacts of western growth and development
Public facilities impact fee (in light of the anticipated western development)
Scheduling future Council-Manager workshops
We will be contacting you to schedule this first workshop, and hope you are available to
attend. If you have any questions, please feel free to contact me at 799-4132. Thank
you.
Attachment (Retreat Report)
cc: Department Heads
FFlX NO. :
.............. .. - ._ ......... ” .. .---
Apd 19,2005
Ms Christine P. Tahm
City Attorney
Deur Ms Tam:
I received your letter of April 15,2005.
1 am enclosing thc best estimate 1 received so far and it reflects a total of $8.3 17.50. If
the City fees can be waived it would dtcrcase the GO$ of thc sign. Therefore to play it
safe I would appreciate the change in paragraph 3 to read “not to excced $8.600.00”. We
also reduced the size of the sign trr cut cost.
I could pt~s by your Ofice to sign the corrected document. You can call me at 622-3407
if you need more idormation.
.
Palm Beach Gardm
FL 33410
C City Coma
Ron Ferris, City Manager
Dan Ciark, City Engineer
Allyson Maiwunn, Executive Assistant to the City Manager
\
Enclosure: Estimates from Sign of Propss and Ferguson.
Revised plan with lower dimensions.
Total of 4 pag&
Apd 22,2005
ME Christine P. Taturn
City Attorney
RE: Wiiysidt kIoms at Kyoto Drive RR crossing.
Dcar Ms Taturn:
After speaking to FDOT Mr Lany Merriti I believe the City must apply as soon 8 possible for the Waysidc €1017~ at Kyoto Drive before it is tw . Because it is an
FlM)T Wayside Horns demodon project I believe FDOT would like to see motc than
one crossing as a corridor. Since the City is planning to upgtade the already built
crrwsings iu Palm Dasch Gntdcns on the FEC linc, I suggest to include Hood Road with
Kyoto Drive fur a Waysidc horns.
Because the Wayside Horns can be installed at no cost to the City, FDOT cm reclaim the
equipment when the QUIET ZONE takes effect.
Mr Mer& dviscd mc that it would take about 30 days for FDOT to process tbc
qplication. Thcrefm 1 would like to quest a City Council m&g to bo set far Jum
02,2005 the latest.
On my stood request for compensation I would like to ask the City for S S.aoO,OO to be
auhhd for the Gardm Woods sign, as soon as possible, 8s per my leftess of April OS,
15 and 19,2005. Our sign is really falIing apart and I will try very hard to keep the cost
below S 8.600.00.
Hoping you can approve my last request.
I 1658 HemlockStrect
Pplm Beach Oardens
Florida 33410
CC: City Council
Ron Fepris, City Menagcr
Dan Clark, City En-
AlIy’son Maim, Exccutivt Assistant to the City Manager
.... ".", ..I LUIII IDIIII VIL~
', CONSULTING CIVIL ENGINEER
SURVEYORS 6 MAPPER
ClVlI
ACRICULTURAI
WATER RESOURCE!
WATER & WASTEWATEI
TRANSPORTATIOP
SURVEYING & MAPPINC
C I!
"Partners for Result!
Value by Designm
'50 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax: (772) 286-3925
www. Ibfh.com
April 22,2005
File No. 04-4329
Mr. Robert 1. Meade
State of Florida Department of Transportation District 4
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
Re: State hnding for Wayside Horn
Kyoto Gardens Drive
Palm Beach Gardens, Florida
Dear Mr. Meade:
The City of Palm Beach Gardens is interested in installing a wayside horn at the
future FEC railroad crossing at Kyoto Gardens Drive. Construction of Kyoto
Gardens Drive began in January 2005 and the projected completion date of the
railroad crossing is June 2006. The City has been made aware of grant money
available for a wayside horn in the State of Florida. Please consider this letter our
request for FDOT funding for the cost of equipment and insrallation of a wayside
horn at this crossing. In return, thc City of Palm Beach Gardens will agree to
perform a befordafter effectiveness study.
We, look forward to your response and working with you in developing a
demonstration project for the effectiveness of a iayside horn.
Should you have any questions or need any addtional information, please do nor
hesitate to call me at (772) 286-3883.
Sincerely,
LBFH. rnc.
Dan 6""- Clark, P.E.
City Engineer
cc: Andrew Fowler - FEC
Charles R. Lynch - FEC
Charles Stone - FEC
Gary Fitzpatrick - FDOT
Tom Drake - F'RA
Allyson Maiwurm - City o Palm Beac,, Gardens
.
May 19,2005
Mr Joe Russo
Mayor of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens
F133410
Dear Mayor:
Hopefully at the next City Council meeting of June 02,2005 Ms Christine Tam, City
Attorney, should be able to present the "Kyoto Drive RR mssing settlement". I believe it
is time to close our DOTRalm Beach Gardens case after almost two years since FEC
settled their M)T/Palm Beach Gardens case.
To close our case I would like you to consider the following:
I) For added safety to the crossing (due to the railroad end of track cuxve and the SW
ramp) the Wayside Horns to be installed and paid for by FDOT, must remain at the
Kyoto Drive FtR crossing evem after a QUIET ZONE is authorized from Hood Road
to Lighthouse Drive. Only the system's horns could be turned off if authorized.
I organized 4 petitions (08/09/99-04118/00-05n1/01~3~7/04) and wrote a lot of letters. I
participated at the mediation meeting with DOT, FEC, the City and also at confcrcnce
calls with Judge Arrington, DOT, FEC, the City in preparation of an Administrative
Hearing. The City's EX Law Finn told me, that by law, I had to attend an interrogatory at
thcir office. It was for me a very stmsfd meeting. FEC managed not to have an
interrogatory. The City saved a substantial amount of money as I accepted to cancel the
Administrative Hearing scheduled for September 15 through 19,2003.
In their settlement, Fleda East Coast Railway received from the City the sum of
$160.000,00 in compensation. Gardm Woods (the odv Residential ComuniW in palm Beach Gardens to be directlv affcctcd bv thc Kyoto Drive railroad crossinn) was
not CompensSteCt. As the Representative of Gatden Woods on that matter I spent a lot
of time in the last 5 years trying to find a solution to the Kyoto Drive railroad
crossing. 1 had expenses. Ms Sharon Long and Mr Jim St-Antoine (Garden Woods
residents) helped me throughout the difliculi process. For all the trouble we had, I
would like you to consider a compensation of up to S 5.600,OO to be added to the
$3.000,00 City grant allocated for B new Garden Woods sign at the entrance of Elm
Avenue. I also wwld like to ask that the City let us have the sign that is planned
(copy of the plan attached) and the City to do the maintenance of such sign after
installation. City funds should be available at the signhg of the settIement and I
would like to be the coordinator with the City for the construction of the sign.
Hoping you will be able to approve my request I wish to thank you.
1 1658 He9k Street
Palm Beach Gardens
F133410
cc: City Council
Ron Ferris, City Manager
Christine P. Tam, City Attorney
Bruce R Corny, DOT Chief Administrator Law Council
Dan Clark. City Engineer
Allyson Maiwurm, Executive Assistant to City Manager
L
Florida Departtnent of Transportation
JEB BUSH OFFICH OF MODAL DEVELOPMENT DENVER STUTLER QOVERNOR 3400 Wert Commercial Boulevard SECIW3ARY
Port Lauderdalr, FL 31309-3421
Phont:(954)777-4490 Fsx:(954)677-7892
July 8,2005
Mr. Dan Clark, P.E.
City Engineer
City of Palm Beach Garden8
LBFH, Inc. 3550 S.W. Corporate Parkway
Palm City, Florida 34990
SubJect: Wayslde Horn Prbjtict Fundlng for Palm Beach Gardens
Dear Mr. Clark:
Thank you for your proposal regarding our Automated Horn Demonstration funding. I
have reviewed y6ur proposal and am in need of additional information, In addition, I
have a few comments,
With regard to additfonal information, please provide the following:
1.
2.
3.
4.
5.
Project budget.
A more detailed scope of the before and after study. At a minlmum this should
include a noise analysis prior to installation of the automated horn and after Inetsllatlon of the automated horn. As with previous studies done around the
country, information from drivers, the Communities and the railroads will be very
helpful to the evaluation of this project8 effectiveness.
Crossing information such as traffic counts, number of lanes, train counts,
number of tracks. For the new crossing at Kybto Gardens Drive, please estimate
traffic counts,
Aerial photograph or map of the crossing showing eumundlng land uses
(specifically residential and office land uses),
Summary description of any dlscussian or correspondence with the railroad
regarding this project,
Our intent for the demonstration funding is to initiate projects wfthin this fiscal year (July
2005 to June 2006). This does not appear possible with the Kyoto Gardens Drive
project. In addition, we prefer proposals that include more than one crossing. The
www.dot ,state.fl.us
Mr. Dan Clark Letter
July 8, 2005
Page 2
reasons am improved noise reduction from adjacent crossings and improved
observance by train crews. Our recommendation is to consider other exlstlng crossing8
in your proposal,
If you have questions, please call Robert Meade et 9%-777-4499 or me at 854.777-
4683.
Sincerely, --
Larry MOM '
Multimodal Programs Manager
LMAm
Enclosure
cc: Andrew fowler, FEC
Charles Lynch, FEC
Charles Stone, FEC
Gary Fitzpatrick, FDOT
Nancy Ziegler, FDOT
Tom Drake, FRA
Allyson Matwurm, City of Palm Beach Gardens
R A I L W A Y, L.L.C
July 22, 2005
File: 39
Mr. Dan Clark, P.E.
City Engineer
LBFH, Inc.
3550 S. W. Corporate Pkwy.
Palm City, FL 34990
RE: Quiet Zone Signal Study for Palm Beach Gardens, Florida
Dear Mr. Clark:
In reference to your letter of April 22, 2005 to the State of Florida Department of Transportatioii
District 4 and the Wayside Horn funding for Kyoto Gardens Drive, we now submit to yo11 the cost
estimate for a Quiet Zone Study for the following street crossings located in Palm Beach Gardens,
Florida.
+ Donald Ross Road - AAR# 272 379 P - RR MP 287 + 693’ + Hood Road - AAR# 272 380 J - RR MP 288 + 2230’ + Kyoto Drive - AAR# New Crossing RR MP not yet determined + RCA Boulevard - AAR# 272 382 X - RR MP 290 + 1305’ + Bums Road - AAR# 272 383 E - RR MP 290 + 4075’ + Lighthouse Drive - AAR# 272 384 L - RR MP 291 + 38 14’
This cost estimate will be separated into three stages. These stages will include Preliminary
Engineering (Phase 1) estimated at a cost of $72,000, and Engineering / Design (Phase 2) estimated
at $86,400. Phase 3 Construction / Installation cannot be provided until Phase 1 and Phase 2 have
been completed.
The only additional charges due from FEC will be the cost of Railway’s management for reviewing
plans and attending any meetings. These additional costs will be submitted directly from FEC.
The above estimates are being provided at this time per your request. However, please be aware that
the Federal Railroad Administration has not determined the risk index without horns for the Florida
East Coast Railway highway-rail crossings and that FECR remains subject to FRA Emergency Order
15, which generally requires that FECR blow the train horn at all highway-rail crossings.
At this time FEC can proceed with the Quiet Zone Study if the City of Palm Beach Gardens provides
FEC with a purchase order, however it should be noted that until the FRA makes a final ruling on the
FEC crossings, no other work and no construction related to the establishment of a Quiet Zone will
be done.
0ne.Malaga Street. EO. Box to48 a St. Augustine, Fl* 32085-fO48
Should you have any questions regarding this matter or wish to proceed with the study, please
contact me at (904) 826-2369.
Sincerely,
C. A. Stone
Director of Engineering Services
CShb
Cc: Mr. A. G. Fowler
Mr. C. R. Lynch
Mr. W. E. Russell
Ms. M. Hammock
Allyson Maiwurm
From: Kurt Anderson [kanderson@railroadcontrols.com]
ent: Thursday, August 18,2005 10:49 PM 40: Allyson Maiwurm
Subject: RE:
Allyson:
As we discussed this morning, the process to install a wayside horn is:
1. Determine if the crossings are equipped with gates and constant warning circuitry. You will likely need to talk to the railroad to
determine the circuitry. If constant warning circuitry is not currently in place, try to get a ballpark estimate from the railroad to
upgrade it to constant warning. This will give you an idea whether you need to proceed any further.
2. Schedule a Diagnostic Team meeting consisting of City, RR, State (if necessary) and RCL to determine horn and UQZl
placement.
3. Request a cost estimate and agreement from the Railroad to interconnect the wayside horn to their warning system. Request
wayside horn quote from RCL.
4. Once agreements have been signed, order material and schedule installation.
5. Once wayside horn is installed, submit 21-day notice to FRA, State DOT, Railroad and FHWA per the Train Horn Rule.
I believe if you are treating every crossing, the FRA should not have a problem creating the quiet zone. We can verify
that with Tom Drake or Ron Reis.
Also as we discussed a ballpark figure for a typical wayside horn installation is $50-60K. Please let me know if you
ild like to conference call Tom or Ron.
From: Allyson Maiwurm [mailto:amaiwurm@pbgfl.com]
Sent: Wed 8/17/2005 2:32 PM
To: Kurt Anderson
Su bjed:
Mr. Anderson,
I called and left a message for you today regarding the wayside horn on behalf of Vice Mayor Eric Jablin. I have spoken to you in
the past about the City of Palm Beach Gardens wanting to implement a Quiet Zone. Now that the Interim Train Horn Final Rule is
out, I was interested in the cost and process that goes along with installing a wayside horn. I have some information from a few
years back when the wayside horn was in the experimental stages and was wondering if you could provide me with some more
insight. I thank you in advance and look forward to talking with you.
Sincerely,
Allyson Maiwurrn
Adrn inistrative Projects Coord inator
City of Pdrn Beach Gardens
10500 N. Military Trail
Palm Beach Cardens, FL 33410
work: (561) 799-4199
fax. (561) 799-41’11
Q Tiwrrrrn@pbqfl.com
DISCLAIM E R:
8/19/2005
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: September 7,2005
THRU: Ron Ferris, City Manager @c+Zg’
FROM: Allyson Maiwurm, Administrative Projects Coordinator
SUBJECT: Quiet Zone Status as of September 7, 2005
..,F
On June 24, 2005, the Interim Final Train Horn Rule went into effect establishing the
authority for implementation of a Quiet Zone. However, the Federal Railroad
Administration (FRA) has not yet determined the risk index without horns for the Federal
East Coast Railway (FEC) highway-rail crossings. This means FEC remains subject to
the FEC’s Emergency Order 15, which generally requires that any train on the FEC rail
blow the train horn at all highway-rail crossings, regardless of supplemental safety
measures.
On July 22, 2005, the City received a cost estimate from the FEC for the total costs of
Phase I and Phase 11 for implementing four-quadrant gates at each of the crossings
located in Palm Beach Gardens (see attachment 1). The Preliminary Engineering (Phase
I) is estimated to cost $72,000 and EngineerindDesign (Phase 11) is estimated to cost
$86,000. The cost for ConstrwtiodInstallation (Phase 111) could not be provided until
Phases I and I1 have been completed. These totals include Donald Ross Road (which is
not included in the Quiet Zone for Palm Beach Gardens because a portion of the crossing
is in the Town of Jupiter) and do not include fees for FEC’s attendance of meetings or
the cost of the railway’s management for reviewing the plans (these costs were not given
by FEC).
The City has also requested information on funding from the Florida Department of
Transportation (FDOT) for the cost of equipment and installation of a wayside horn at the
future crossing of Kyoto Gardens Drive (see attachment 2). However, in the comments
provided by FDOT, they preferred proposals that included more then one crossing and
their intent was to initiate funding for this fiscal year (July 2005 - June 2006) which is
not possible with Kyoto Gardens Drive since it is currently non-existent. This funding
has been suspended until the Emergency Order 15 has been rescinded. Staff has
requested a letter from FDOT confirming this information and will copy the
Council when it is received.
On August 18, 2005 staff spoke with Kurt Anderson of Railroad Controls Limited (RCL)
about the cost to install a wayside (automated) horn. The total cost of a wayside horn is
approximately $50,000 to $60,000 for the equipment and installation. If the City were to
purchase a wayside horn, a diagnostic team would need to be brought together. This team
would be composed of representatives from the City, FDOT, FEC and RCL to determine
where to strategically place the horn equipment for the most effective sounding of the
automated horn.
The Quiet Zone project is addressed in the annual budget, with a proposed allocation of
$500,000 in the Road Impact Fund. When added to the current budget allocation of
$250,000, the City will have set aside approximately 50% of the total estimated cost of
$1.5 million to implement a Quiet Zone. The Quiet Zone application consists of
submitting plans showing the existing conditions at each crossing and construction plans
showing the proposed conditions at each crossing. Staff will be coming to Council in
October with a presentation and a request for Council’s direction on how to proceed with
the Quiet Zone designation.
CC: Sheryl Stewart, Assistant to the City Manager
Dan Clark, City Engineer
Christine Tatum, City Attorney
Jane LaBombard, LBFH
City of Palm Beach Gardens
Council Agenda
January 19,2006
Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
I.
11.
111.
IV
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VI.
7:3\ VII.
VIII. 7 :36
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CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 19,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a. {Pane 5) Approve Minutes from the December 15, 2005 regular City Council
meeting.
b. $Staff Rewrt on Pane 12. Resolution on Psae 141 Resolution 9, 2006 -
Approve a contract award to Musco Lighting, LLC. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a contract award to
Musco Lighting, LLC for the purchase and installation of sports lighting at City
Park and Plant Drive Skate Park in an amount not to exceed $265,000 via an
existing agreement with the City of Jacksonville; and providing an effective date.
C. {Staff ReDort on Pwe 75, Resolution on Pane 77) Resolution 12, 2006 -
Approving the purchase of two (2) 2006 Medtec Medium Duty Rescue Units. A 1. Tu JXesolution of the City Council of the City of Palm Beach Gardens, Florida
v\(c &” approving the purchase of two (2) 2006 Rescue Units from Ten-8 Fire Equipment,
Inc. The sole source vendor for Medtec Ambulance in the State of Florida;
authorizing the Mayor and City Clerk to execute all documents necessary to
effectuate such purchase; and providing an effective date.
G*
d. taff Report on Pane 113. Readu tioo on Pane 8 5) Resolution 13, 2006 -
Approving the purchase of a 2006 Fire Engine from Pierce Manufacturing, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the purchase of a 2006 Fire Engine from Pierce Manufacturing, Inc.;
authorizing the Mayor and City Clerk to execute all documents necessary to
effectuate such purchase; and providing an effective date.
e. (Pane 148) Proclamation - January 20,2006 as Arbor Day.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. staff Renort QR P me 149, Resolutiom on Pane 152) Resolution 6, 2006 -
Approving the Art in Public Places for the Midtown Planned Unit Development
(PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Midtown Planned Unit flfl Development (PUD) (Formally known as The Borland Center PUD), which is
located along the North side of PGA Boulevard between Gardens Square
Boulevard and Shady Lakes Drive, as more particularly described herein;
providing for conditions of approval; and providing an effective date.
flu Po
b. /Staff Report on Pane 171, Resolution on Paae 174) Resolution 10, 2006 -
Approving the Art in Public Places for First National Centre. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the Art in
Public Places for First National Centre (Parcel 27.03), which is within the
fld7-J L& Regional Center Development of Regional Impact (DRI) located on the
VNorthwest corner of the intersection of PGA Boulevard and Kew Gardens
f$$?Dw Avenue, as more particularly described herein; providing for conditions of
approval; and providing an effective date.
$Staff Reaort on Page 192. Re~olution on Pane 195) Resolution 11, 2006 -
Northcorp Corporate Park PCD - Master Signage Program. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a Master Sign
Program for the Northcorp Corporate Park Planned Community Development
(PCD), generally bounded by the Gardens Station PUD to the North, Interstate
95 to the West, Burns Road to the South, and the FEC Railway to the East, as
more particularly described herein; providing for conditions of approval; and
providing an effective date.
g;27
Po
C.
8 ‘e
Part I1 - Non-Quasi-judicial
f-
a. /Staff ReDort on Paae 206. Ordinance on Pane 208) Ordinance 35,2005 - (2nd
reading and adoption) Amending Ordinance 17, 2004. Appointment process for
Boards and Committees, Council Liaisons. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida relating to Boards and Committees;
amending Section 2-86, Code of Ordinances entitled “Procedure for Appointment
and Filling Vacancies; Qualifications for Membership of Boards and
Committees”; amending Section 2-92 Code of Ordinances entitled “Officers”;
creating a new Section 2-100, Code of Ordinances to be entitled “Council
Liaison”; providing for codification; and providing an effective date.
0
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
- Settlement Proposed by Roger Blangy.
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
January 19,2006
JMayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
/Council Member Levy
/Vice Mayor Jablin JCouncil Member Valeche
J Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 19,2006
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
111. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit
reauest form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. JPaee 5) Approve Minutes fiom the December 15, 2005 regular City Council
meeting.
b. fStaff ReDort on PaPe 12, Resolution on PaPe 14) Resolution 9, 2006 -
Approve a contract award to Musco Lighting, LLC. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a contract award to
Musco Lighting, LLC for the purchase and installation of sports lighting at City
Park and Plant Drive Skate Park in an amount not to exceed $265,000 via an
existing agreement with the City of Jacksonville; and providing an effective date.
C. pd.4 PJ
’Staff Re t on -Resolution 12, 2006 -
Approving me purcnase or wo (LJ LUUO Meamec Meaim Duty Rescue Units. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the purchase of two (2) 2006 Rescue Units fiom Ten-8 Fire Equipment,
Inc. The sole source vendor for Medtec Ambulance in the State of Florida;
authorizing the Mayor and City Clerk to execute all documents necessary to
effectuate such purchase; and providing an effective date.
d. [Staff ReDort on Page 83, Resolution on Pape 85) Resolution 13, 2006 -
Approving the purchase of a 2006 Fire Engine fiom Pierce Manufacturing, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the purchase of a 2006 Fire Engine fiom Pierce Manufacturing, Inc.;
authorizing the Mayor and City Clerk to execute all documents necessary to
effectuate such purchase; and providing an effective date.
e. [Pape 148) Proclamation - January 20,2006 as Arbor Day.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. ,n in mc riaces IC ne Miatown nnea Uni 'eveiopment
. mwlullon the City Coi il of the City uf PaLn b
A wxI-. ,gproving tht Art in Public I'laces for the Midtown
kv&pm (PUD) (Formally known as The BorM Center PUD), which is
located along the North side of PGA Boulevard between Gardens Square
Boulevard and Shady Lakes Drive, as more particularly des bed herein:
providing for conditions of 4 1 3 ived
r
b. [Staff ReDort OII Page 171, nesvIuLIuI1 on k-ave 114~
Ann-nving the Art in Public Places for First National Centre. n Resoko - noft
ouncil of the CitymPalm Beachattrdens, Florida appro* the Art
Pkws for First National C&tre'4(Ekd' =%hi& 'is withia-t
Ceetep. lkvebpnent of Regional Impact (DRI) locatect OR d
I ion of PGA Boulevard and Garde ?b&wesL-oftbemtersect
date.
.-.
83 -e partiETaa7iiry--=w- fsr cxdithm a€
Part I1 - Nnn-Ouasi-iudic=,.
a. @Q ReDortonPaPe206, 4 irdinance 35,201 - (2nd % readmg and adoption) Amer
Boards and Committec Council Liaison p- imnce of the 1 y ounci o
-11 mding Section 2-86, MEs entitled "Prdw for AppourtoJe
lid -Filling Vai%f&iEs;- @'&ilZications for Membership of Bmakhai
section 2-TX2-code of or- edi€%l--cn?€i~ "0-
5eahg a rn Section 2-100, Code ._- -. of Or- --i€ir*-*
ippointmm ig Ordma
relztrlllg to Boards and Committet--- '
"; rr(
- Liaipan"; pvidbg for codification; and providing an edkctbe
F
L
X RESOLUTIONS:
XI
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
ORDINANCES: (For Consideration on First Reading)
a. [Pane 272) Settlement Proposed by Roger Blangy.
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 proviswn of certain assistance at no cost Please call the City
Clerk’s Offge at 561-799-4122 no later than 5 days prwr to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
ZOMMENTS FROM THE PUBLIC Request to Address City Council
nay address the City Council during the “Comments by the Pub1
and during “Public Hearings”. This Request to Address the C
-ed to the City Clerk prior to the commencement of the meetii
speaker is limited to three (3) minutes.
lit"
; ity
’9-
; FROM THE I Address City
e City Council dL
blic Hearings”.
Clerk prior to th
ed to three (3) n
ZOMMENTS FROM THE PUBLIC Request to Address City Council
nay address the City Council during the “Comr
md during “Public Hearings”. This Request *
ed to the City Clerk prior to the commencem
;peaker is limited to three (3) minutes.
TS FROM THE to Address City
the City Council dL
Public Hearings”.
ty Clerk prior to th
nited to three (3) n
ZOMMENTS FROM THE PUBLIC Request to Address City Council
nay address the City Council during the ccComments by the Pub1
and during “Public Hearings”. This Request to Address the C
ed to the City Clerk prior to the commencement of the meetir
;peaker is limited to three (3) minutes.
icy’
:ity
’g-
COMMENTS FROM THE PUBLIC Request to Address City Council City:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUSL Request to Address City Council C Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: zf bJ 1 ee fid/dLC I3 r?lC/*E/ .7 City:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
PROCMTION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEW, this holiday called Arbor Day
more than a million trees in Nebraska; and
~JG :$ with the planting of :*& :f : I
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHERE4S, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce oxygen andprovide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other woodproducts; and
KHEREAS, trees in our City increase property values, enhance the economic
vitality of business areas, and beautifi our Community; and
WHEREAS, trees, wherever they are planted, are a source ofjoy and spiritual
renewal.
NOW, THEREFORE, 4 Joseph R. Russo, by virtue of the authority vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby
proclaim January 20, 2006 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support eflorts to protect our trees and woodlands; and further, I urge all citizens to plant
trees to gladden the heart andpromote the well-being of this and future generations.
IN WTNESS WHEREOF, I have
hereunto set my hand and caused the Seal
F of the City of Palm Beach Gardens,
Florida, to- be-a&ed on this 1p day of
Januaw in the Year Two Thousand and
pat&&@~~, ai City Clerk
ISSUE #l
Sec. 2-1. Ex parte communications policy.
(a) The city council adopts a public disclosure process relating to elected and/or appointed
public officials who hold positions on the city council or its standing boards or commissions
charged with making recommendations and/or taking final action on any quasi-judicial proceeding.
(b) Any person not otherwise prohibited by statute, rule, charter, resolution or ordinance may
communicate in person or by writing to any local public official regarding the merits or lack thereof
of any matter on which quasi-judicial action may be taken by the city council or its standing boards
or commissions on which the local public official is a member, so long as the process in this section
is observed.
(c) official which relates to any quasi-judicial action pending before the public official shall not be
presumed to have been prejudicial to the action if the subject of the communication and the identity
of the person, group or entity with whom the communication took place is disclosed and made a
part of the record of the city council, or its standing boards or commissions, before final action is
taken on the matter.
(d) or issue which is pending before the public official sitting in hidher quasi-judicial capacity.
However, a written communication that relates to quasi-judicial action pending before a local public
official shall not be presumed prejudicial to the action provided such written communication shall
be made a part of the record before final action is taken on the matter.
(e) Local public officials may conduct investigations and site visits and may receive expert
opinions regarding quasi-judicial actions pending before them. Such activities shall not be
presumed prejudicial to the action if the existence of the investigation, site visit or expert opinion is
made a part of the record before final action is taken on the matter.
(f) Disclosure made pursuant to this section must be made before or during the public meeting at
which a vote is to be taken on such matters, so that persons who have opinions contrary to those
expressed in the ex parte communication are given a reasonable opportunity to refute or respond
to the ex parte communication.
(9) This section does not subject local public officials to F.S. Q 112.31 1 et seq. for not complying
with this section.
The substance of any ex parte communication with a local appointed and/or elected public
A local public official may read a written communication from any person regarding a matter
ISSUE #2
Sec. 78-1 82. Illumination of uses and buildings
(i) Seasonal and accent lighting.
(1) Seasonal lighting. In nonresidential zoning districts, temporary INSTALLATION of exterior
seasonal lighting for the commemoration of one or more religious holidays SHALL not exceed 90
days during a calendar year.
(2) Accent lighting. String lights, and other similar accent lighting, may be installed in trees and
landscaping. However, only clear bulbs without interior or exterior frosting, colors or reflectors may
be used.
W W VI
E 2
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council Members DATE: January 18,2006
FROM: Charles K. Wu, Growth Management Administrator ca_
THRU: Ron Ferris, City Manager
SUBJECT: Lost - Tree Village / Annexation
In response to an article dated January 18, 2006, in the Palm Beach Post titled N Palm
Public Safety yhns substation, staff prepared this memo to provide you a history of the
Lost Tree Village annexation issue. It should be noted that Lost Tree Village is and
continues to be within both the city’s and North Palm Beach’s annexation boundaries as
part of its respective Comprehensive Plans. In late 2001, there was a concerted effort to
try to resolve various annexation conflicts with other adjacent jurisdictions such as this
one.
On November 15, 2001, the staff presented to the council a presentation regarding the
various annexation conflicts with Juno Beach, North Palm Beach, and Lake Park. During
that presentation, staff had presented its position to forgo the Lost Tree Village and the
areas to the east, while focusing on the other four areas of conflict. At the meeting
Councilmember David Clark reiterated that position, and no council member had
expressed any objection to this position.
In a letter dated November 16, 2001, fiom Mk. Ferris to North Palm Beach Village
Manager Dennis Kelly, the various annexation conflicts were discussed consistent with
the council’s directive, with an attached map depicting Lost Tree Village as outside of the
city’s annexation area.
As a result, City Manager Ron Ferris forwarded a letter to County Planning Director
Frank Duke dated Dec. 18, 2001, reflecting this position.
Please call me if you have any questions or require additional information.
t
. ..
s
departments responded only when requested.
“The need has been.
there for a new substation for a long the. A huge part
b STAT1 0 N born I
story Domani develop- ment, scheduled to begin construction this spring, will add 77 more residences north of the bridge when complete in about two years.
The new 5,500square foot substation would have
bays for an ambulance and fire engine. Preliminary plans call for a kitchen, sleeping quarters and a policefire radio dispatch center. Three ublic safety
all times, Knight said.
The new substation Likely would be an advan- tage for North Palm Beach in its lans to annex some neighforhoods north of the village, including bst’lkee Village, a neighborhood of singlefamily homes and condominiums. Annex- ation of Lost Tree Village, the home of q,olfer Jack Nicklaus, is an extremely highpriority,”said Ei . North Palm. Beach OB~S recently submitted a pro- posal to rename a section of AIA after Nicklaus.
me substation should be a major plus in the an- nexation process,” Eissey said.
The current Public
Safety Buildiing is south of the bridge on the east side of US. 1, across from Vil-
lage Hall. If the bridge is o n to let a boat pass,
Safety vehicles heading
officers would 1 e on duty at
,g. o& Palm Beach Public
north of the bridge must take a longer route -west on Lighthouse Drive, north on Prosperity Farms Road and east on PGABoulevard -to get back to US. 1.ne route adds about five min- utes to response time, Knight said. The bridge
opens twice each hour.
Residents north of the bridge are especially wor- ried about the possibility of the bridge being damaged or In need of lengthy re- pairs, said Solodar, the res ident of Old Port Cove. Up coming bridge workmakes the substation even more important, he said.
The Parker Brjdge is scheduled for maintenance in the summkr of 2009. Adding sidewalks and gen- eral repairs could cause the bridge to be closed for up to 30 days, said Florida De partment of ”hnsportation
spokesman Jose Quintana.
No injuries have been caused by taking the longer route, said Knight
‘I understand residents’
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Cotleur & Hearing
January 20,2006
Attn: Talal Benothman, Principal Planner
City of Palm Beach Gardens
Growth Management Department
10400 N. Military Trail
Palm Beach Gardens, Florida 334 10
RE:
for First National Center (Parcel 27.03 of the Regional Center DRI)
Withdrawal of Resolution 10-2006 Art in Public Places Approval Request
Dear Talal:
Cotleur & Hearing, Inc. is hereby withdrawing the petition for City Council
approval of their proposed artwork in compliance with the Art-in-Public Places
Requirement as prescribed in the City of Palm Beach Gardens Land
Development Regulations (LDR) (Section 78-262).
The Applicant intends to deposit funds in-lieu of providing AIPP approved
artwork as permitted by way of LDR Section 78-261(a)(l). The Applicant shall
provide their own artwork in the originally proposed location on the site along
PGA Boulevard and associated with the designated Perpetual Public Access
Easement which bifurcates the site.
Should Staff require additional information or have any concerns please feel
free to contact this office.
Sincerely, ET*
Cotleur & Hwnc.
BC:nt
cc: Don Hearing, Cotleur & Hearing, Inc.
Jeff Conte, Catalfumo Construction
Nina Nikolova, Senior Planner City of Palm Beach Gardens
Enclosures: None
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
PUBLIC NOTICE
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
The Planning, Zoning and Appeals Board will meet on Tuesday, January 24,2006 at 6:30
p.m. in the City Council Chambers, 10500 North Military Trail Palm Beach Gardens, Florida.
All interested parties are invited to attend.
Patricia Snider, CMC
City Clerk
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).
PLEASE NOTE:
CANCELLATION OF PUBLIC HEARING AND
NOTICE OF RE-SCHEDULED PUBLIC HEARING for PETITION MISC-05-12-01
PLEASE TAKE NOTICE that the Planning, Zoning, and Appeals Board of the City of Palm Beach
Gardens, Florida has cancelled the Public Hearing originally scheduled on January 24, 2006, at 6:30 p.m.,
and has re-scheduled the meeting for February 14, 2006, at 6:30 p.m. or as soon thereafter as can be
heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens,
Florida regarding:
PETITION MISC-05-12-01- Amendment to the Development Order of the Midtown (tka The
Borland Center) Planned Unit Development (PUD)
Public Hearing & Recommendation to City Council: A request by Don Hearing, agent for the Midtown
(f.k.a. The Borland Center) PUD, for approval of an amendment to the development order of the subject
PUD to extend the deadline for installing all perimeter buffers and the two required traffic signals. The
Midtown PUD is located at the northeast corner of PGA Boulevard and Shady Lakes Drive and consists
of approximately 47 acres in size.
Ray Ellis
From: Ray Ellis
Sent:
To: legals@ pbpost.com
Subject: Display Ad for Tuesday
Importance: High
Attachments: Cancellation MISC-05-12-01 -Midtown(Borland) PZAB.doc
Friday, January 13,2006 252 PM
Please publish as a Display ad on Tuesday 1/17/06
Thanks
Ray Ellis
Deputy City Clerk
City of Palm Beach Gardens
re//is@pbgf/. com
567-799-4195
1 / 19/2006
Page 1 of 1
I - .. Page 1 of I
Ray Ellis
From: legals [legals@pbpost.com]
Sent:
To: Ray Ellis
Subject: Re: Display Ad for Tuesday
Friday, January 13, 2006 257 PM
let me try that again, the mind was going faster than the fingers, Boy you are good! ad will run on 1/17
Ray Ellis wrote:
Please publish as a Display ad on Tuesday 1/17/06
Thanks
Ray Ellis
Deputy City Clerk
City of Palm Beach Gardens
rellis@pbgfl. corn
561-799-4795
CITY OF PALM BEACH GARDENS E-MAIL DISCLAIMER:
Please note: Florida has a very broad public records law. Most written communications to or from local officials
regarding city business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
--
Dottie Van Overloop
Legal Advertising Department
The Palm Beach Post
legals@pbpost.com
561-820-4340 Fax
561-820-31 11
1/19/2006
CITY OF PALM BEACH GARDENS
CANCELLATION OF PUBLIC HEARING AND
NOTICE OF RE-SCHEDULED PUBLIC HEARING
PLEASE TAKE NOTICE that the Planning, Zoning, and Appeals Board of the City of
Palm Beach Gardens, Florida has cancelled the Public Hearing originally scheduled on
January 24, 2006, at 6:30 p.m., and has re-scheduled the meeting for February 14,
2006, at 6:30 p.m., or as soon thereafter as can be heard, at the Municipal Complex
Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding:
PETITION MISC-05-12-01 - Amendment to the Development Order of the Midtown
(f.k.a. The Borland Center) Planned Unit Development (PUD)
Public Hearing & Recommendation to City Council: A request by Don Hearing, agent for
the Midtown (f.k.a. The Borland Center) PUD, for approval of an amendment to the
development order of the subject PUD to extend the deadline for installing all perimeter
buffers and the two required traffic signals. The Midtown PUD is located at the northeast
corner of PGA Boulevard and Shady Lakes Drive and consists of approximately 47
acres in size.
.* 'b
All members of the public are invited to attend and participate in said public hearing. All
documents pertaining to said petition may be inspected by the public in the Growth
Management Department (561 -799-4243) located at the Municipal Complex Building
during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for
holidays.
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to
appeal any decision made by the Planning Zoning and Appeals Board 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).
Patricia Snider, CMC, City Clerk
Publication Date: Tuesday, January 17, 2006
Notes: Please make the ad at least two columns wide, ten inches long, and the headline no
smaller than 18 points. Please note that the advertisement shall not be placed in that portion of
the newspaper where legal notices and classified advertisements appear.
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, Planning and Zoning members
Subject: Borland Development request for non-compliance to Ordinance 13 2004 requirements
Date: January 15,2006
The Shady Lakes Home Owners Association (HOA) Board of Directors approved (last week prior to
the HOA having knowledge of the Borland recent request) sending a letter of non-compliance and
expectations for compliance to the City of Palm Beach Gardens (see attached letter). It is interesting
that the very items of concern that the HOA wants enforced, Borland is asking not to comply with for
an extended period of time.
The HOA would first want to express our displeasure with the illegally noticed City of Palm Beach
Gardens public hearing notice number 317185(regards to Borland site). The Shady Lakes HOA had
no reason to believe that the City did not have the right to issue such a public hearing notice, as
described above, knowing that the City has a fiduciary responsibility to the existing residents of Palm
Beach Gardens. This issue was raised by one of our residents that follows the progress of this
development and alerted the City of a posting violation. The HOA finds it very troublesome that
without citizen intervention Borland would have gotten away with violating the legal rights of the
Citizens of Palm Beach Gardens. Is it true that this illegal action was reviewed and authorized by the
City of Palm Beach Gardens Clerk’s office that is responsible for publishing public hearing notice?
This letter shall address the issues in the same order as is identified in the Borland letter requesting
relief from the requirements of Ordinance 13 2004.
Ordinance 13, 2004. Condition 15
Requirement: “The applicant shall install the landscaping and irrigation for the PGA Boulevard Parkway, the
Shady Lakes Drive and Garden Square Boulevard buffers within six (6) months of the issuance of the clearing
permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation
are completed”.
PGA Blvd Landscape Buffer:
Borland Justification:
1. The existing overhead electrical lines are to be placed underground and this would be
a great benefit to all the residents of the City. The completion of this effort is months
away.
2. Turn lanes need to be cut into PGA Blvd to allow entrances for the Borland
Development from PGA Blvd.
3. Hurricane Wilma delay
Shady Lakes HOA rebuttal: (listed per Justified item)
1. The existing overhead electrical lines are totally within the PGA Blvd 120’ wide right-of-
way. This existing pole line is only feet away from the actual roadway lanes. To
further support this position, please look at the Borland site plan that was required to
identify all easement. You will notice that the electric utility does not have an easement
along this boarder as the developer wishes you to believe but the site plan actually
shows the electric pole (and overhang) totally within PGA Blvd property.
2. Turn lanes and roadway work along PGA Blvd are not a new issue. These entrances
were planned and established years ago. To state the entrances are not established to
date is not a valid excuse. The Developer- in order to gain approval for his project and
to entice the surrounding developments to sign an agreement, did in fact agree to
establish perimeter buffers with full knowledge of the required roadway work
requirements along with the associated timetables. For clarification the turn lanes are
identified on the Borland Plat (Ord. 104, Page 114) and are approx 7 feet wide parallel
to PGA Blvd, thus not creating any conflict with the required landscape buffer as
claimed.
- - __
3. Hurricane Wilma came in on a Monday and I remember it clearly because Borland
construction was operating all day Sunday (7:OO am to dusk), the day before Hurricane
Wilma. As we worked putting up our shutters the continuous sounds of heavy
equipment rang thru. May be the developer used Sunday for a Hurricane Wilma make-
up day similar to a missed school day in violation to the City ordinance prohibiting work
on Sunday, prior to 12:OO noon.
Shadv Lakes Drive Landscape Buffer:
Borland Justification:
1. 2 previously unidentified underground drainage pipe was discovered. “The subid drainage
pi@ appears to be providing leaal positive ouffall for Shady Lakes Drive, as well as Gardens of
Wdberq “
2. The Seacoast Utility water main to be utilized to serve the Borland site contains
asbestos and that asbestos laden portion of the pipe needs to be replaced. It is
believed that this portion of contaminated pipe is located approximately 20’ into Shady
lakes drive.
Shady Lakes HOA rebuttal: (listed per Justified item)
1. This unidentified pipe may have not been conclusively identified but the easement
containing the unidentified pipe was known and in fact it was identified in the Special
Warranty Deed, Exhibit A, page 2, between Palm Beach Community Church and the
City of Palm Beach Gardens, dated November 19, 2004 for Shady Lakes Drive right-of-
way. Exhibit “A was prepared by a land survey company and this Exhibit “A is dated
November 08, 2004 (Ord. 17794, Page 1700). It is interesting that Borland used the
words “providing legal positive outfall “ because the drainage pipe discharged water
into a legally established drainage canal (easement recorded Ord. 2910, Page 56 and
Ord. 261 1, Page 806) that not only served as drainage but also possibly provided a
water replenishment source to the established wetlands on this site.
This raises another concern brought to the attention of the South Florida Water
Management District about the amount of water continually present in the drainage
area. In the “Individual Environmental Resource Permit Staff Report” that identified
2.08 acres of wetland on the Borland site, rainfall was the only listed recharge for the
wetlands. Now knowing that the wetlands had a supplemental water source the
wetlands should be re-established or re-evaluated to insure the environment issues
have not been compromised.
2. The Seacoast water pipe in item 2 is an existing IO” water main that is clearly shown
on the Borland Master Utility plan as being within the Shady Lakes right-of-way and
not on Borland property. The location of this pipe allows the required work to be
performed. As before, the development always required a water tie-in and the issue of
+
asbestos laden piping has no bearing on the installation of the required buffer.
Garden Square Boulevard
Borland Justification
1. No justification was provided, Borland just does not want to do what is required at this
time
1. Require the developer to adhere to the landscape buffer requirements on the timetable
required within Ordinance 13, 2004.
___ ______ 0 Shady bakes-!al-Q_Clisted perJustified-item)---- _____________
The above justifications are non-issues in regards to the Landscape buffer required plantings
and should have never been used as a justification and must not be considered.
Traffic Liqhts Condition 31:
Condition 31
Rwuirement: “The aRRlicanC Shall SiqnaliZe the intersec2/on of Shady lakes Drive and PGA Boulevard within 12
mohths of the date of this deve Iopient order. The s@nal shall be iflstalled to be fully operationaa/, includhg all
approprite lane geometry (as detemined by Palm Beach County and the Florida Department of
TranspttationJ pavement markings, signage, and lighting. The signal shall be made active once the
intersdion warrants a s@ml and meets the approval requirements of Palm Beach County and the Flodda
Depan?nent of Transportation“
Ordinance 13 2004 was approved August 5, 2004 and the 12 months noted in Condition 31 above
has been expired for some time. The HOA demands that this condition be enforced prior to any
roadways/entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
As a point of interest last week (approximately January 5, 2006) there was a very serious accident on
the corner of Shady Lakes DrivelHickory and PGA Blvd that required the attention of the Fire
Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by Ordinance
13 2004. If the woman who was injured in this accident was aware of the facts in this matter, I believe
that the City would have considerable liability in this situation. This is now a known issue and if any
additional people have accidents or get injured due to lack of the traffic signal at this intersection, I am
sure all these facts will surface. The Shady Lakes HOA representative went to the PBG police
department to obtain a copy of this accident report but the City has a policy of not disclosing the
names of accident victims for two months. The HOA will revisit the City in two months to get this
accident report and all accident reportssince August 5, 2005.
If you allow this requirement to be postponed as the developer wants, the City may be uiewed-as
condoning an action in complete favor of a developer. This action would be very unfavorable and
create a credibility isspe with the City. This traffic light is a safety feature required by the development
order to be installed by a certain time. Allowing the developer not to install a safety feature is an open
omission that developer profit takes presidents over the safety and welfare of existing residents of the
City.
Various people haye questioned this traffic light issue and the central reason given for theddays was
“who will pay for this IigM”. Apparently there is a dialog between developments on%oth-sideufPGA
Blvd and Military Trail discussing the shared cost of these traffic lights. It seems very simple that
Ordinance 13 2004 is ily develqpment order generated for the Borland project. Borland is deriving
the benefit from Ordinaqe 13 2004, therefore Borland and Borland along should be obligated to pay
the entire cost of the trpffic lights.
The decision on the traffic light could truly turn out to be a life and death decision. Is the P&Z
Board qualified to make such a decision and comfortable with the possible consequences of
that decision? To be partly responsible for the possibility of the loss of human life or human
suffering is an awesome burden.
Expedited Permitting
___- - ____ .___. The Borland PUD does not offer value added employment therefore this provision, which is currently
not enacted, is not applicable to this site and must not be considered. .
While Borland is asking forgiveness for breaking the requirements of Ordinance 13, 2004 the following
condition 9 needs to be addressed.
Condition 9
Requirement: ‘Prior to isuance of the clearing (land alteration) pemit or first buildng permic the project
subdivision plat shall be completed/ approved by City CounciJ and recorded. me upland preserve area shall be
free of any encumbrances including, but not limited to/ road fightwf-waK drainage easemen&/ and/or utikly
easemen&”
The Borland site plan identifies a utility easement that encumbers the required preserve areas. The
site plan was approved therefore it is assumed that this easement exists or it would not have been
shown on the site plan. During the P&Z and City Council evaluation process of this site for the current
issue before the P&Z members, this issue needs to be corrected to be in accordance with Ordinance
13 2004. There are additional issues associated with the preserve on this site that were delineated in
the HOA letter to City Council dated, January 13,2006.
Upon reading Ordinance 13 2004, it is believed that provisions of this document are in jeopardy of not
being complied with or are already in non-compliance with the development order and the HOA has
the expectation that the development order in full verbatim compliance and strictly enforced. Shady
Lakes expects the Land Development Regulation 78-61 (b) be invoked and all work suspended on the
Borland site until the development order has been complied with.
LDR Section. 78-61. ”Effective period of development orders and enforcement of condtions.
b) Suspension of development orders. Suspension of development orders may occur upon hilure to comply
with one or more time requirementc or failure to comply with a condition of development approval ”
In summary the reasons used to justify the time extension can be summed up in two words, WHO
CARES. All construction sites of this magnitude require underground facilities, roadway work and
deal with still undetermined interferences. The developer prior to agreeing to terms that were used to
appease and entice adjoining neighborhoods should have calculated the time required to perform this
effort.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes. The HOA believes the developer has not provided adequate justification to
be granted the requested extension and wants the existing conditions of the development order to be
strictly enforced.
This is an issue for those who care about accuracy. Borland site is currently approximately 44 acres
not 47 acres.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent record
in the Borland project file.
Thank you for your consideration in this matter
Stever 3arnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice-Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P&Z Chairman, w/att
Mr. Barry Present, P&Z Vice Chairman, w/att
Mr. Michael Panczak, P&Z member, w/att
Mr. Dennis Solomon, P&Z member, w/att
Mr. Randolph Hansen, P&Z member, w/att
Mr. Jonathon Rubins, P&Z member, w/att
Mr. Douglas Pennell, P&Z member, w/att
Joy Hecht (1 st Alt.) , w/att
Amir Kanel (2nd At.) , w/att
City of Palm Beach Gardens Attorney
Mr. Tala1 Benothman, City of Palm Beach Gardens Gruwth Management Director, w/att
PGA Corridor Residents Coalition Officers
Attachment: HOA letter to City Council dated, Jancwry 13, 2006
Homeowners Asrnciation
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, City Council members
Subject: Borland Development preserve along Shady Lakes Drive not provided in violation of
Ordinance 13, 2004
Date: January 12, 2006
It has been brought to the attention of the Shady Lakes Home Owners Association (HOA) Board of
Directors that the 80 feet preserve of Ordinance 13, 2004 that was promised to the Shady Lakes
HOA, as an enticement to sign the Settlement Agreement on the Borland parcel has not been
provided.
The proposed Development Order, Ordinance 13, 2004, which was approved August 5, 2004
provided for waiver #2 that allowed the reduction of the required ”Preserve” from the minimum
required 100 feet to 80 feet.
The Shady Lakes HOA had no reason to believe that the City did not have the right to grant such a
waiver, as described above, knowing that the City Council has a fiduciary responsibility to the
existing residents of Palm Beach Gardens. Since that time, the following information has been
brought to the attention of the HOA.
LDR 78-158(d) lists three very specific ‘Probibited Waivers”that City Council cannot grant. One of
these waivers LDR 78-158(d)(2) does not allow City Council to waive the minimum
reauirements for environmental areas (Le.; preserves). LDR 78-250(a)(3) lists the minimum
dimension of a preserve as 100 feet (width and/or length). City Council granted a waiver
(violating a prohibited waiver code) to allow for an 80 foot preserve. The Borland Plat currently
has isolated preserve areas that are in non-compliance with the minimum 100 feet requirement
that Council is prohibited from waiving. LDR 78-241 states the purpose of the Environmentally
Sensitive Land ordinance as follows: ‘Protect the ecological values and functions‘:
It was also brought to the attention of the HOA that the Borland Project did not even observe the
City Council granted 80 feet preserve waiver. The promised 80 feet preserve is much smaller
than the 80 feet granted by City council via the development order due to the position of the lake
provided along the west end of the property. The two extremely small preserves will not support
the stated purpose of LDR 78-241. The Borland Project team did not self-disclose this change in
preserve type that is self-serving and not in the interest of the City, the neighboring Communities
or the environment. Regardless of whether this was an omission, an oversight or an intentional
violation, the Borland development was allowed to violate the City code and was granted a
prohibited waiver, and with a City Staff recommendation “for approval” for good measure.
?
The IOA expectation is that City Council reverse the previously granted Ordinance 13, 2004 waiver
#2 and require Borland to re-plat their development to comply with the City Codes.
Upon reading Ordinance 13/ 2004, it is believed that other provisions of this document are in
jeopardy of not being complied with or are already in non-compliance with the development order
-a~~tneI’tO~-h~€heexpectatlontnatth~~lopmenforderinfulla tim compliance and
strictly enforced. Shady Lakes expects the Land Development Regulation 78-61(b) be invoked and
all work suspended on the Borland site until the development order has been complied with.
- - -
LDR Section. 78-61. “Eflective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure
to comply with one or more time requirements or failure to comply with a condition of
development approval.
Condition 9
Req u i rem e n t : ‘Prior to issuance of the clearing (land alteration) permit or first building permit, the
project subdwsion plat shall be completed, approved by Civ Council, and recorded The upland
preserve area shall be free of any encumbrances includng, but not Lmited to, road rights-of-way,
drainage easements, and/or utility easements“
Concern: Borland Plat extends the site required water retention pond into the required preserve,
thus being in violation of Condition 9.
Condition 15
Requirement: “ me applicant shall install the landscaping and irrMation for the PGA Boulevard
Parkway, the Shady Lakes Drive and Garden Square Boulevard buffers within six (6) months of the
issuance of the clearing permic or no further permits or inspections will be ksued for the project
site until said landscaping and irr9ation are completed
Concern: The clearing permit was issued August 2005 and the HOA will expect the City to enforce
this condition as written. Borland currently has less than one month to complete this effort.
Today, January 11, 2006 new stakes were noticed along Shady Lakes Drive that appear to be
provided as a guide to cut-in an exit point from the site. If this assumption is correct, this is
unacceptable because of the Condition #15 and the location of this exit point is in a location that
has a buffer. There shall be an established buffer as shown on the Plat in less than 1 month or
Borland construction must be suspended per the development order.
Condition 31
Requirement: “The applicant shall signallie the intersection of Shady Lakes Drive and PGA
Boulevard within 12 months of the date of this development order. me signal shall be installed to
be fuI4 operational, includng all appropriate lane geometv (as determined by Palm Beach Counw
and the Horida Department of Transpodation)/ pavement markfngq, signage, and lighting. The
signal shall be made active once the intersection warrants a signal and meets the approval
requiremen& of Palm Beach Counv and the Florida Department of Jkmsportation “
Concern: Ordinance 13 2004 was approved August 5, 2004 and the 12 months noted in Condition
31 above has been expired for some time. The HOA demands that this condition be enforced prior
to any roadways/entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
.
As a point of interest last week (approximately January 5, 2006) there was a very serious accident
on the corner of Shady Lakes Drive/Hickory and PGA Blvd that required the attention of the Fire
Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by
matcer,I~~€h~~~h~~-~nsrh is situation . -This is now a
Ordinance 13, 2004. If the woman who was injured in this accident was aware of the facts in this _- - - - _---
known issue and if any additional people have accidents or get injured due to lack of the traffic
signal at this intersection, I am sure all these facts will surface.
Waiver 7
Requirement: "Preserve area requirement, to allow for off-site mitigation in lieu of on-site
preserve area for 1.57 acres of the required set asides to a 4.6-acre site"
Concern: This site had approximately 20 acres of environmentally sensitive land thus requiring
over 4 acres of preserve to be established on this site. This site currently has less than 1 acre of
preserves, thus not meeting the minimum requirement and being far less than required by waiver
7. It is the HOA's expectation that the required preserve be established in accordance with this
waiver, which was utilized as an incentive and enticement to sign the Settlement Agreement on
the Borland parcel.
Now that the Board of Directors of Shady Lakes is aware of and understands the various defects in
the Borland site plan, we are saddened that the City would give overwhelming advantages to
developers over the environment, quality of life and residents of the City. The above issues are
only what the HOA board, as laymen, have been able to determine have been overlooked in favor
of the developer and we believe a comprehensive review of all requirements should be conducted
to insure the laws and processes have been fairly applied.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes as applicable, send this letter and to request the City to correct these
defects in a timely manner to the satisfaction of this Board.
Please maintain this letter and any stafrs response to this letter, if applicable, as a permanent
record in the Borland project file.
Thank you for your consideration in this matter.
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph RUSSO, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice-Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jodie Barnett, City of Palm Beach Gardens Councilwoman
City of Palm Beach Gardens Attorney
PGA Corridor Residents Coalition Officers
PALM BEACH NEWSPAPERS, INC.
The Palm Beach Post
2751 S. Dixie Hwy., West Palm Beach, FL 33405
leaals @ pbpost.com
Phone: (561) 820-31 06 Fax: (561) 820-4340
FED ID # 58-1 63371 9
Legal Advertising Invoice
Account # 441 188
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Description: Not: Public Hearing
Size: 2x10=20”
Amount: $652.20
Published: January 13,2006
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City of Palm Beach Gardens
City Clerk’s Off ice
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Palm Beach Gardens, FL 33410
PALM BEACH NEWSPAPERS, INC.
The Palm Beach Post
2751 S. Dixie Hwy., West Palm Beach, FL 33405
leaals @ pbpost .corn
Phone: (561) 820-31 06 Fax: (561) 820-4340
FED ID # 58-1 63371 9
Legal Advertising Invoice
Account # 441 188
Ad # 31 71 85
Description: Not: Public Hearing
Size:
Amount: $652.20
Published: January 13,2006
2 x 10 = 20 ”
Advertising Deadlines
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F c
THE PALM BEACH POST
Published Daily and Sunday West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION 1
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Kristi Morrow, who on oath
says that she is Customer Service Supervisor of The Palm Beach Post, a daily and
Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter of Public Hearing was
published in said newspaper in the issues of January 13, 2006. Affiant further says
that the said The Post is a newspaper published at West Palm Beach, in said Palm
Beach County, Florida, and that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered
as second class mail matter at the post office in West Palm Beach, in said Palm Beach
County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that shehe has neither paid nor
promised any person, firm or corporation any discount rebate, commission or refund
for the purpose of securing this advertisement for publication in the said newspaper.
Sworn to and subscribed before 13* day of Ja a y, A.D. 2006 fi7h /Ql-fi-
Personally known or Produced Identification Type of Identification Produced
3 i THE PALM BEACH POST
Published Daily and Sunday West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Kristi Morrow, who on oath
says that she is Customer Service Supervisor of The Palm Beach Post, a daily and
Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that
the attached copy of advertising for a Notice in the matter of Public Hearing was
published in said newspaper in the issues of Januarv 13. 2006. Affiant further says
that the said The Post is a newspaper published at West Palm Beach, in said Palm
Beach County, Florida, and that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered
as second class mail matter at the post office in West Palm Beach, in said Palm Beach
County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that shehe has neither paid nor
promised any person, firm or corporation any discount rebate, commission or refund
for the purpose of securing this advertisement for publication in the said newspaper.
Sworn to and subscribed before 13* day of Janugy, A.D. 7006
Personally known or Produced Identification
Type of Identification Produced
*OF PUBLIC ING
? evidence upon which the
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday called Arbor Day was first observed with the planting of
more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the economic
vitality of business areas, and beautify our Community; and
WHEREAS, trees, wherever they are planted, are a source ofjoy and spiritual
renewal.
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby
proclaim January 20, 2006 as:
ARBOR DAY
in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands; and further, I urge all citizens to plant
trees to gladden the heart and promote the well-being of this and future generations.
Attest:
P~ityC/erk
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the Seal
of the City of Palm Beach Gardens,
Florida, to be affixed on this 11" day of
January in the Year Two Thousand and
Six.