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HomeMy WebLinkAboutAgenda Council Agenda 011702*REVISED* City of Palm Beach Gardens Council Agenda January 17, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello II. III. IV. VIII. *REVISED* CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 17, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a. Public Information Report. b. *Quarterly Financial Report* - PULLED. c. Quarterly/Annual Crime Report. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: For Items Not on the A~enda~ please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: Consideration of approving the minutes of the December 20, 2001 Regular City Council Meeting. bo Resolution 191,2001 - Compensation Study. Consideration of adopting a wage and compensation plan for job classifications within the personnel program of the City of Palm Beach Gardens. IX. Xo Co Resolution 12, 2002 - Declaration of Surplus Property. Consideration of declaring certain items of personal property as surplus property and authorizing its sale by auction. do Resolution 11, 2002 - Auction for Surplus Items. Consideration of authorizing the City Manager to execute an auction agreement with Karlin Daniel & Associates, Inc. eo Compressor for City Hall. Consideration of removing the existing inoperable compressor and awarding the project to Atlantic Refrigeration in the amount of $20,891.00. Resolution 7, 2002 - Frenchman’s Reserve PCD Parcel D-Plat. Consideration of approving the Frenchman’s Reserve PCD Parcel D-Plat. go Resolution 8, 2002 - Frenchman’s Reserve PCD-Parcel F-Plat. Consideration of approving the Frenchman’s Reserve PCD Parcel F-Plat. Resolution 9, 2002 Frenchman’s Reserve PCD Clubhouse-Plat. Consideration of approving the Frenchman’s Reserve PCD Clubhouse- Plat. PUBLIC HEARINGS: ao Ordinance 38, 2001 - Amendment to Swimming Pool Code (Second Reading). Consideration of amending Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City Code of Ordinances to clarify and update the regulations applicable to the construction of swimming pools; amending Sections 86-117, 86-150, 86- 177, 86-179, 86-181, 86-182, 86-184, 86-193, 86-227 and 86-252; providing for codification; providing for severability; and providing for an effective date. bo Ordinance 4, 2002 CRALLS PGA Boulevard - Amending City’s Comprehensive Plan (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff; providing for adoption; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. RESOLUTIONS: Resolution 166, 2001 - Eckerd at the Promenade. Consideration of approving an application from Gardens East Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in-line retail with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center (fka Gardens East Plaza), located within the Gardens East Planned Community District (PCD), on the east side Alternate A1A, approximately 500 feet north of Lighthouse Drive. XI. ORDINANCES: (For Consideration on First Reading) ao Ordinance 5, 2002 -Westwood Gardens Amendment - 125’ Stealth Flagpole - PUD Amendment (First Reading). Consideration approving an application from Sprint Telecommunication for an amendment to the Westwood Gardens/Lakes Planned Unit Development (PUD) to allow for construction of a 125 foot high wireless telecommunication tower, to be located within the Westwood Gardens Section of the PUD located south of Hood Road, between Interstate 95 and the Ronald Reagan Tumpike, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: a.Litigation Report. XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Public Information Monthly Report December 2001 Public Information Related Activities Television Reports ¯Channel 5 Report on Tree Lighting December 5, 2001 Ci,ty Related News Articles ¯Palm Beach Post -16 ¯Neighborhood Post--3 ¯Weekday--11 ¯PGA C.A.N.!--2 Special Event Permits ¯Tents n Events Home Depot Christmas Tree Sale November 15-December 26, 2001 ¯PGA Commons Santa Visit December 6, 2001 ¯PGA Commons Chess Festival December 8-9, 2001 ¯Living Nativity Scene Nativity Lutheran Church December 15-16, 2001 ¯Fathom’s Restaurant tent for the holiday season December 6, 2001 through January 5, 2002 ¯Additional parking Christ Fellowship Church Sunday, December 23, 2001 ¯Additional parking Christ Fellowship Church Christmas Eve Services December 24, 2001 ¯Oakbrook Square 10th Annual Art on the Square January 5-6, 2002 Events ¯Attended and photographed City Tree Lighting December 5, 2001 ¯Volunteered Little Elves Fun Shoppe December 7, 2001 Public Information Proiects ¯Published monthly edition of Ci_ty Hall Gazette ¯Published and mailed CitvLine to 18,305 residences and 1,619 businesses Citizen Services Related Activities Complaints/Issues/Service Requests/Inquiries ¯Received and processed 8 complaints through the "One Stop Shop" phone number, 7 have been fully resolved and 1 is still outstanding. ¯There are now a total of 17 outstanding complaints in the Citizen Services Division, broken down as follows: ¯Fire-1 ¯Code Enforcement -3 ¯Parks & Rec. -3 ¯Public Works-8 ¯Police Dept.-2 ¯Processed, received, collated and filed 28 new (December) complaint forms forwarded from Public Works. Entered these complaints into CivicTracker database. ¯Processed 35 completed complaint forms from Public Works. ¯Maintained both complaint databases that included data entry for 45 new and completed complaints. Neighborhood Program ¯ No GNA meeting in December. BIG Program Received $100.00 this month so the total amount collected so far in the program is $26,300.00. Volunteer Program ¯Utilized 29 volunteers for a total of 257.30 hours at a savings to the City of $3,679.39. ¯Processed 2 new volunteer applications. IV. PRESENTATIONS: b. Quarterly Financial Report. IV. PRESENTATIONS: c. Quarterly Crime Report. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING DECEMBER 20, 2001 The December 20, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tern Carl Sabatello. Mayor Joseph R. Russo arrived at 7:35 p.m. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported EMS had received great reviews from an unannounced inspection. Councilmember Furtado commented the TIPS center was being moved to Mirasol, but the reason it had been so successful was its current location because of police presence in that area. Juvenile crime had been reduced 85%. Councilmember Furtado requested the status of the stormwater plan. The City Manager reported he had interviewed the TIPS officers who had assured him the physical location was not critical to the success of the TIPS program. The City Manager reported the stormwater plan report is expected a week from Friday. Councilmember Furtado requested a letter be sent to request fair share contributions from neighboring municipalities that benefited from the TIPS program. Councilmember Clark concurred with studying the crime patterns in the neighborhood where the TIPS program had been located. City Manager Ferris indicated a letter would go out to Police Chiefs and to Managers of the other participants of the TIPS program. Police Chief FitzGerald reported the TIPS program was very successful and he would like to keep it in its present location if that location could be donated, or in another nearby donated location. Vice Mayor Jablin clarified the program would continue and that just the location would be changed in order to save money. Councilmember Furtado reminded the City Council that Mr. Fine had offered the services of his architect free of charge for a teen center, which could incorporate the TIPS program. The City Manager commented the TIPS program had initially been dependent upon a grant of $184,000 provided by the State, which was no longer available, and that because of the success of the program the City Council had decided to fund the program. Councilmember Furtado commented that the traffic study on MacArthur Boulevard and Lighthouse Drive was very disturbing and requested after the first of the year that ways to help be studied. Councilmember Clark commented the residents in that area had some ideas they would like to share with the City. Vice Mayor Jablin noted the problem was traffic volume rather than speeding. Councilmember Sabatello reported Seacoast Utilities had just completed a transaction for new bonds that would mean major savings for the utility company, and the excellent bond rating meant their management was excellent. Councilmember Sabatello wished everyone a happy, healthy holiday. Councilman Clark commented West Palm Beach had done a good job of traffic control through traffic calming devices in the Chillingsworth/Congress area, which might work in the MacArthur/Lighthouse Drive area. The Vice Mayor indicated the neighbors must CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 2 be taken into consideration; Councilmember Furtado commented the drainage must be solved first. Councilmember Clark commented on the impact and effect of a 2000 law limiting or not limiting what a municipality could do with local zoning as it affected a church, and suggested asking the Court to issue a declaratory judgment as to the scope and effect of the law as it affected the Christ Fellowship petition and others. Discussion ensued. The City Attorney commented he would be happy to look into that matter. The Vice Mayor thanked everyone for attending the Hanukkah party, and the City staff and volunteers for helping, and wished everyone a happy, healthy new year and happy Hanukkah. Councilmember Furtado reported everyone had a great time at the tree lighting. Councilmember Clark reported everyone had also had a great time at the holiday party. CITY MANAGER REPORT: Public Information Report - The City Manager noted the report had been included in the packets. COMMENTS FROM THE PUBLIC: Siro DeGasperis, 7 Govemors Court, PGA National, expressed appreciation from all the PGA National residents and the new Northlake Boulevard Neighborhood Coalition representing Northlake Boulevard communities for the management of the City. Joan Elias, 1009 Diamond Head Way, conveyed holiday greetings from C.A.N and personally thanked the Council for their work. Mayor Russo arrived at this point in the meeting. Vice Mayor Jablin announced he would continue chairing the meeting until Mayor Russo was ready to take over. CONSENT AGENDA: At the request of Growth Management Director Charles Wu, item (g) was pulled. Councilmember Clark moved approval of the Consent Agenda with the exception of item (g) Resolution 188, 2001 - Consideration of approving the La Posada Plat. Councilmember Furtado seconded the motion. The motion carried by unanimous 4-0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the November 15, 2001 Regular City Council Meeting. b. Resolution 180, 2001 - Legacy Place Development Order- Parcel "D." Consideration of amending Condition #5 in Resolution 59, 2001, regarding signage and lighting plans for residential Parcel "D" within the Legacy Place Planned Community District at the northeast comer of Altemate A1A and RCA Boulevard. c. Resolution 184, 2001 - Gardens’ Station Time Extension. Consideration of approving an extension of the build-out date for concurrency certification for property located approximately 215 feet from the intersection of RCA Boulevard and Northcorp Parkway, on the east side of RCA Boulevard, known as the "Gardens Station" Mixed Use Development; providing for a condition of approval. d. Resolution 185, 2001 - Frenchman’s Reserve PCD-Golf Maintenance-Plat. Consideration of approving the Frenchman’s Reserve PCD-Golf Maintenance- Plat. e.Resolution 186, 2001 - Frenchman’s Reserve PCD - Plat, "A" Plat. Consideration of approving the Frenchman’s Reserve PCD - Plat "A" - Plat. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 3 f.Resolution 187, 2001 - The Grande at Palm Beach Gardens - Plat. Consideration of approving The Grande at Palm Beach Gardens - Plat. h. Resolution 193, 2001 - School Crossing Guard Agreement. Consideration of awarding a "piggyback" contract for School Crossing Guard services to Action Labor and Staffing Connection. i. Purchase of Gator Vehicle with Sprayer and Top Dresser. Consideration of purchasing a Gator Vehicle with Sprayer and Top Dresser at a cost not to exceed $23,659.20. j. Resolution 192, 2001 - Grant of Quit Claim Easement to Frenchman’s Reserve. Consideration of authorizing the Mayor and City Clerk to execute a Quit-Claim Easement to Binks Estates Limited Partnership over a portion of the Cabana Colony Canal. k. K-9 Transfer of Ownership - Consideration of transferring ownership of retired police K-9 Aran to Officer Glenn Wright. 1.K-9 Transfer of Ownership - Consideration of transferring ownership of retired police K-9 Kris to Officer Robert Wummer. PUBLIC HEARINGS: Ordinance 43, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 43, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Watermark Communities, Inc., requesting a re-zoning to Planned Community Development Overlay Zoning with a comprehensive land use designation of Residential Medium (RM), allow for a 905 single-family and 132 multi-family dwelling unit residential community on 362.72 acres for a gross density of 2.86 dwelling units per acre, to be known as the "Evergrene" Community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate A1A, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of second reading. Growth Management Director Charles Wu presented the project and reviewed three new conditions added since first reading, which had been included in the 60 conditions recommended for approval and provided in the packets of the Councilmembers. Mr. Wu read into the record an additional condition concerning Seacoast Utility: No more than 5,000 daily trips combined with land uses will be permitted until the applicant and Seacoast Utility Authority work together to develop a plan to provide reasonable access to the Seacoast Utility Authority facility. The plan shah be submitted to and approved by the City Engineer. The cost of improvements shall be borne by the applicant as approved by the City Engineer. Councilmember Furtado advised that the City must lease the right-of-way along the FEC railroad in order for landscaping to be provided by the applicant at that location, and reported the widening of Alternate A1A would come from the median and not from the outside rights-of-way. Councilmember Furtado recommended the money to be paid by the developer for landscaping the median be held in escrow. Discussion ensued. Councilmember Sabatello recommended looking at the whole picture so that landscape maintenance would be consistent along the roadways of the City. A condition was recommended requiring the homeowners association to assume responsibility for landscape maintenance after the developer withdrew. Disclosure of the future double tracking of CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 4 the railroad was discussed. A WCI representative reported that language had been included in the homeowners association proposed declaration that that the FEC railroad may expand in the future. Mr. Wu summarized the Seacoast Utility issue again upon the request of Mayor Russo, and explained that trips would be calculated using 10 trips for each single family residence and 7 trips for each multifamily residence, which was the commonly used calculation during construction. Henry Skokowski, agent, spoke on behalf of the petitioner. During discussion regarding landscaping placement. Jane Krebs, landscape architect, recommended 20’ spacing for the live oaks; Councilmember Sabatello expressed his opinion it would be 15 years before the trees filled out sufficiently at 20’ spacing. The applicant agreed to planting palms between the oaks on the other side of the wall. Following further discussion, the applicant greed to place the oaks at 15’ spacing. Mayor Russo indicated he wished to discuss the landscaping issue with the City Forester, and questioned how traffic criteria was determined. Hearing no comments from the public, Vice Mayor Jablin declared the public hearing closed. Councilman Clark moved Ordinance 43, 2001 be placed on second reading by title only and approved with the condition read into the record by the Growth Management Director regarding the Seacoast Utility issue, the footnote read into the record regarding calculation of trips from single family and multi family housing, the additional condition number 60 to read that the applicant will provide written disclosure to all future homebuyers that the Florida East Coast Railway tracks may be double tracked in the future and that the form of such disclosure shall be approved by the City Attorney prior to the sale of the first residential unit, and the substitute landscape plan for buffers C and D with the oaks planted 15 feet apart. Councilmember Furtado seconded the motion. Mayor Russo indicated he would vote against the motion because he was not comfortable with the landscaping until he had spoken to the City Forester. Councilmember Furtado stated she had spoken with the City Forester who was comfortable with the original plan. Motion passed 3-2 with Mayor Russo and Councilmember Sabatello voting against. The City Clerk read Ordinance 43,2001 on second reading by title only. Ordinance 45, 2001 - Mayor Russo announced that this public heating had been withdrawn. RESOLUTIONS: Resolution 181, 2001 - A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a site plan application for "Parcel 4B" with a total of 77 single-family units and 63 multi-family units within the Evergrene PCD, located between Hood Road & Donald Ross Road and as more particularly described herein; providing for conditions of approval; providing for waivers. Growth Management Director Charles Wu reviewed the project and answered questions from the Council members regarding trash pickup, parking and safety. Fire Department personnel explained that when alleyways were blocked by parked cars they would pull hoses from the trucks to reach the fire site, and they would have a plan in place so they would know the fire hydrant locations. Henry Skokowski, agent, spoke on behalf of the applicant. Ticketing parked cars, open space calculations, density, wrap-around alleyways, areas for children to play, and drainage were discussed. Concerns expressed by Mayor Russo were open space and parking. Mr. Skokowski explained how open space was calculated. Police Chief FitzGerald explained that in private communities the police did not enforce parking but could provide enforcement in designated fire lanes. Mr. Wu indicated a CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 5 condition could be added to the Resolution requiring appropriate signage for fire lane designation, which was agreed to by the applicant. Councilmember Clark questioned if security would be provided and could ticket inappropriately parked cars as a deterrent, which along with fire lane signage could be sufficient to address this problem. The applicant responded that the overall development was gated and there would be security provided, and that would be addressed at the next meeting. It was noted that no handicap parking was required. Mr. Skokowski indicated the applicant would work to address items of concern before the next meeting. Resolution 182, 2001 - A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a site plan application for "Parcels 1, 2 & 7" with a total of 320 single-family units within the Evergrene PCD, located between Hood Road & Donald Ross Road and as more particularly described herein; providing for conditions of approval; providing for waivers. Growth Management Director Charles Wu presented the project and reviewed waivers to setbacks. Staff reported the 10t setbacks at the San Michele project for comparison purposes, per Councilmember Sabatello’s request. Mayor Russo discussed new urbanism in Abacoa and City Place as compared to this project which contained only housing in a tight atmosphere with none of the other amenities provided for the residents. Henry Skokowski, agent for the petitioner, reviewed justification for waivers to the setbacks. Concerns expressed by the City Council were lack of access to rear yards, too tight lot coverage, the housing type, lack of open space, and sufficient landscaping as viewed from the roadway. Mr. Skokowski indicated these items would be addressed. ORDINANCES: Ordinance 38, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City Code of Ordinances to clarify and update the regulations applicable to the construction of swimming pools; amending Sections 86-117, 86-150, 86-177, 86-179, 86-181, 86-182, 86-184, 86-193, 86-227 and 86-252; providing for codification; providing for severability; and providing for an effective date - for consideration of first reading. Building Official Jack Hanson provided background for the ordinance. Councilmember Clark moved Ordinance 38, 2001 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 38, 2001 by title only on first reading. Ordinance 46, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, approving an application from WP South Development Company, L.L.C. DBA Wood Partners, as agent for DiVosta and Company, for a rezoning of a 24.68 acre parcel of land from PDA Planned Development Area to RH Residential High with a Planned Unit Development Overlay Zoning (PUD), to be known as "Alta Pines," by approving the construction of 264 multi-family units and accessory uses, located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; and providing for an effective date - for consideration of first reading. Growth Management Director Charles Wu presented the project. The City Engineer addressed drainage concerns. Waivers were reviewed. Donaldson Hearing, Cotleur Hearing, spoke on behalf of the applicant. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/20/01 6 Councilmember Sabatello reported he had met with the petitioner and discussed this petition. Suggestions by the City Council were addition of a jogging trail, density reduction, and more parking at the clubhouse area. There was no motion in order to move this petition forward. Mayor Russo requested at the beginning of the next meeting staff make a presentation to explain the new concepts being presented. Councilmember Sabatello indicated that approvals must be consistent and projects must be high quality and functional. Discussion ensued regarding other projects. Concern was expressed regarding density and service vehicles backing up. ITEMS FOR DISCUSSION: Interlocal Agreement for Baseball Field at Palm Beach Gardens High School Mayor Russo expressed concern that a baseball field would be built on City land and the City could use it when the school district was not using it, but the City had been told they could not use gynmasiums at other schools for basketball. Staff indicated that more cooperation would be confirmed and strengthened within the interlocal agreement. Staff advised that closing Lilac Drive during school hours was critical to obtaining state funding. Director of Real Estate for the School Board Barry Present indicated that granting use of gymnasiums was not within his purview, but indicated that the ball field would be a great asset. ITEM BY TIlE MAYOR: Mayor Russo reported he had attended the Chamber of Commerce meeting and met with the Chamber President, and announced that the City and the Chamber would work together for economic development. ADJOURNMENT: There being no further business to discuss, upon motion by Councilmember Clark, seconded by Vice Mayor Jablin, carried 5-0, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK ATTEST: COUNCILWOMAN LAUREN FURTADO CAROL GOLD CITY CLERK AGENDA COVER MEMORANDUM CITY OF PALM BEACH GARDENS CITY COUNCIL Meeting Date: January 17, 2002 Date Prepared: January 7, 2002 SUBJECT/AGENDA ITEM Consent Agenda - 2001-2002 Job Classification and Salary Plan Council gave approval for the Human Resources department to coordinate a compensation study of all non-bargaining unit positions. HR Management Partners, Inc. was the fLrm selected through the RFP process. The study was completed and HRMP made recommendations. This Job Classification and Salary Plan is inclusive of these recommended salary ranges and position titles; it also includes all salary ranges and position titles for all of the bargaining unit positions currently in the City. These salary ranges are effective for the October 2001 - September 2002 budget year. RECOMMENDATION Staff recommends approval of Resolution 191, 2001 Reviewed by: ~ City Attorney ~" Fin ~ Other Submitted by: Department Director City Ma~ ~ager Originating Dept.: Advertised: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: $~ (Total) Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: w/ Attachments: Resolution 191,2001 HRMP Classification & Compensation Repo~ [ ] None CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 191, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A WAGE AND COMPENSATION PLAN FOR JOB CLASSIFICATIONS WITHIN THE PERSONNEL PROGRAM OF THE CITY OF PALM BEACH GARDENS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 3-24 (a) of the City’s Code of Ordinances requires the City Council to approve a pay plan as part of its annual budgetary process; and WHEREAS, the City Council has reviewed the wage and compensation study and based on the results of said study, wishes to adopt a pay plan for all personnel classifications within the City’s Personnel Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby adopts a wage and compensation plan for job classifications within the City’s Personnel Program, as attached hereto as Exhibit "A" and incorporated herein by this reference. The City Council further authorizes the City Manager to make administrative adjustments to the wage and compensation plan as may become necessary during the course of the fiscal year. SECTION 3: All resolutions or parts of resolutions in conflict herewith are herby repealed to the extent of such conflict.. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS __ DAY OF ,2002. ATTEST: MAYOR JOSEPH R. RUSSO CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAJOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK O0 o~~mZZ~Z ZZZZZZ O0 ~r~ o o ~~oo o 0 0 0 0 ~o~ 0 0 0 0 00 0 0 0 0 ~a~ZZZ 0 o’N ~< O0 O0 ~zz O0 ~r~ O0 ZZZZZZZZZ ~o~s~o~s’o~ o~ ANNUAL FPPA S ~ iv~’~gement HR Management Partners, Inc. Corporate Office, Central Division 1938 Westpointe Circle, Suite 350 Orlando, Florida 32835 Phone/Fax: (407) 765-4979 Website: http://hrmp.net Email: Solutions@hrmp.net Classification & Compensation Study Final Report City of Palm Beach Gardens October 2001 City of Palm Beach Gardens Classification & Compensation Study Final Report This Executive Summary narrative provides an overview of City of Palm Beach Garden’s Classification & Compensation Study objectives, observations, and recommendations regarding implementation options. The remaining body of this report details approach, methodology, issues, and implementation reports. HR Management Partners, Inc. (HRMP) conducted a Classification & Compensation Study for all full-time non-represented City employees. Primary objectives of the study were to: Assess the City’s current compensation and classification plan structure (including sworn police, fire and civilian represented employees) to ensure accurate reflections of job content and organizational structure. Conduct a comparative market study on salary/wages, to include comparable employers within the general region (Palm Beach County) for which the City competes for its labor supply (external equity). Evaluate and place jobs in appropriate classifications. Provide for a comprehensive evaluation of every non-represented job withir[;the City to determine relative worth within the organization (internal equity) and for the establishment of pay ranges. 4.Conduct FLSA analysis for all job classifications within the non-represented group and provide recommendations regarding exemption status. o Recommend in writing a compensation plan to the City, to include proposed pay ranges, pay grades and estimated financial impact of the rec6mmended changes. Provide procedures and methodology for training in ongoing administration and maintenance of the approved plan to keep the plan competitive, current and in line with market and organizational changes and growth (e.g., adjusting ranges, incorporating new/modified positions). HRMP conducted a countywide salary study. Market data were matched and compiled for forty- nine (49) matched City job classifications from .nineteen (19) competing labor market organizations. The overall results were as follows: ¯The City’s average local market competitive stance was 5% below the competing market; ¯The City’s median local market competitive stance was 6% below the competing market. HRMP then conducted quantitative job analysis using Compensation Manager 2138. Job evaluations scores (total point scores) were generated for each classification in order establish internal equity. Finally, all employees were assigned to classifications and proposed pay ranges. © HR Management Partners, Inc., 2001 3 :7¸City of Palm Beach Gardens Classification & Compensation Study Final Report 1.Attraction and retention of qualified staff was a central issue voiced by management, as a significant amount of time had elapsed since the last comprehensive study. 2. Reorganization of several major departments was.occurring during the study. 3.Several job classifications were brought to the attention of HRMP to be evaluated for reclassification, and/or pay grade upgrade. 4. Several incumbents were at or near range maximums, thus creating retention issues. 5.Pay plan compression was a central concern, i.e., employees earning more than their supervisors because the employees are eligible for over-time and the supervisors are not. (In some instances, this was in combination with the fact that unit reorganizations were occurring during the course of study.) Following is a summary of key issues that were identified during the course of study. Pay plan compression existed. This is due to both unit reorganizations and increases in the marketplace over recent years for management, senior management, and professional job classifications. ¸2.It was necessary to incorporate the City’s longevity pay syst’em into the proposed implementation to fairly and objectively address the employee group as a unit, i.e., longevity pay was added to base pay for employees .receiving this compensation. HRMP developed the following proposed implementation recommendations: ¯Expand pay plan and range percentage widths to eliminate "structure compression", and implement a modified inverted pyramid structure. Provide a general adjustment increase to non-represented employees in line with initiatives achieved by concurrently negotiating bargaining units; segregate employees pay in range based on time in position and performance history up to market values of the job classifications. Use market data from all market employers to establish the benchmark regression line; then apply a 5% Employment Cost Index (ECl) adjustment the plan to establish the City as a leader in the competing market for 2001/2. ¯Total cost to implement this recommendation is $156,653. © HR Management Partners, Inc., 2001 City of Palm Beach Gardens Classification & Compensation Study Final Report The City of Palm Beach Gardens engaged the services of HR Management Partners (HRMP) conduct a Classification & Compensation Study for all fulltime non-represented employees. HRMP understands the City’s goal is to ensure equitable and competitive compensation and pay administration practices necessary to hire and retain qualified staff. .Scope of Services... HRMP 1. understands that the scope of services included the following: Assess the City’s current compensation and classification plan structure (including sworn police, fire and civilian represented employees) to ensure accurate reflections of job content and organizational structure. 2.Conduct a comparative market study on salary/wages, to include comparable employers within the general region (Palm Beach County) for which the City competes for its labor supply (external equity). 3.Evaluate and place jobs in appropriate classifications. Provide for a comprehensive evaluation of every non-represented job within the City to determine relative worth within the organization (internal equity) and for the establishment of pay ranges. 4.Conduct FLSA analysis for all job classifications within the non-represented group and provide recommendations regarding exemption status. 5.Recommend in writing a compensation plan to the City, to include proposed pay ranges, pay grades and estimated financial impact of the recommended changes. Provide procedures and methodology for training in on-going administration and maintenance of the approved plan to keep the plan competitive, current and in line with market and organizational changes and growth (e.g., adjusting ranges,, incorporating new/modified positions). Upon agreement to proceed with the study, an HRMP representative met with HR staff to gather compensation and classification background data and information. The information obtained included existing pay plan(s) and ranges, guidelines relevant to administration of the plan(s), and discussion regarding the City’s concerns and issues regarding pay, classification and plan maintenance and administration. During the initial meeting, HR staff and HRMP discussed study objectives and established appropriate sources from which to analyze comparison data. © HR Management Partners, Inc., 2001 5 City of Palm Beach Gardens Classification & Compensation Study Final Report HRMP provided the City a Position Description Questionnaire (PDQ) for distribution to all fulltime employees and a Supplemental Management Questionnaire (SMQ) to solicit supervisory input. The purpose of the questionnaires was to solicit the necessary data from classification and supervisory/managerial incumbents. The PDQ and SMQ were distributed at the outset of the study, and collected from the employees during the market analysis phase. Market data were compiled from the competing region of Palm Beach County. The market study included twenty-three (23) organizations. Fifteen (15) organizations were local municipalities and the remaining eight (8) were County agencies. HRMP compiled market value data for forty- nine (49)positions for which matching market data were available. Average market values and median market values were calculated for all market study jobs. HRMP extracted all raw data from the study instrument for initial analysis. Survey data were audited for accuracy and invalid/non-matching data were eliminated. Next, overall average and median salary data were calculated for all job classifications matched in the market study. HRMP selected a representative number of 14 benchmark job classifications to establish the new pay plan’s benchmark (base pay) line. The City’s competitive stance within the competing labor market is outlined as follows: ¯The City’s overall average of all market averages showed 7% below market values. The City’s overall average of all market medians showed 8% below market values. ¯The overall average of 14 benchmark job averages showed 5% below market. The overall average of 14 benchmark job medians showed 6% below market. These data reveal that the City’s current competitive stance ranges between 5% and 8% below market. This reveals the City has been compensating job classifications at or near appropriate levels, as 10% above or below market values is an industry accepted variation rate in the analysis of market data. Thus, it is not the compensation levels of individual incumbents that necessarily require adjustment. Rather, it is the pay plan structure that needs modification to allow for greater ability to attract new incumbents and retain highly skilled and qualified staff. The 14 job classifications selected to establish the base pay line were selected due to common traits that ensure the on-going reliability and integrity of the approved pay plan: Job classifications were selected according to commonality within the competing market place, i.e., jobs that are reasonably expected to exist in the majority of competing organizations can readily be trended for changes over time. Job classifications were selected according to matches with competing organizations, i.e., duties and qualifications required for Job A in ABC organization must have a strong correlation to duties required for Job D in DEF organization to be considered a match. (HRMP solicits matches to work content as opposed to matching assigned titles.) A representative sampling of job classifications were selected from the base, middle, and higher divisions of the overall pay plan, i.e., jobs must be represented from all levels of the pay group to establish a base pay regression line that encompasses the base to highest levels of the organization. © HR Management Partners, Inc., 2001 6 City of Palm Beach Gardens Classification & Compensation Study Final Report External competitiveness was achieved through analysis of market data obtained from other organizations that compete in the same labor market. Additionally, to ensure internal equity, each classification was evaluated by measuring effort, skill, responsibility, and working conditions in accordance with the Equal Pay Act of 1963. To achieve this goal, it is necessary to use a valid and reliable job classification and evaluation system to determine the relative worth of each classification. Equal pay for equal work and equal pay for comparable work must be established in the classification and pay structure to ensure internal equity. The job evaluation process was conducted by means of a quantitative job evaluation system. HRMP utilized a WindowsTM based application, Compensation Manager~ v2.3, which performs Point Factor Analysis in combination with Linear Regression. The system calculates point factor values for each classification and integrates current market data derived from the labor market survey. The following factors are measured for each position: Training & Education Complexity Related Experience Organizational Impact Communications Physical Requirements Leadership Working Conditions Decision Making Occupational Hazards Resolution of Management Issues... HRMP coordinated with HR staff to distribute a Supplemental Management Questionnaire (SMQ). The purpose of the questionnaire was to solicit additional management comments regarding classification and compensation issues relevant to managers and their subordinate staff positions. The following outlines several issues brought to HRMP’s attention and HRMP’s proposed resolutions: Attraction and retention of qualified staff was a central issue voiced by management, as a significant amount of time had elapsed since the last comprehensive study. It was found that, though the compensation levels offered by the City were at or near appropriate market values, the minimums and maximums of the established pay grades required significant adjustment in order to accommodate attraction and retention issues. © HR Management Partners, Inc., 2001 7 City of Palm Beach Gardens Classification & Compensation Study Final Report Reorganization of several major departments was occurring during the study. HRMP worked closely with HR staff in.identifying units under-going change, the altered duties of current classifications, and the subsequent departmental structures. Thus, the changes were included in the overall organizational analyses when establishing the proposed pay structure. Several job classifications were brought to the attention of HRMP to be evaluated for reclassification and/or pay grade upgrade. The majority of SMQ requests for reclassifications and/or pay upgrades were indeed warranted and HRMP concurred with management requests. The results of reclassifications and/or pay upgrades are reflected in the proposed plan. Several incumbents were at or near range maximums, thus creating retention issues. It was found that the maximums of the ranges were far below appropriate levels. HRMP proposed a modified inverted pyramid structure, whereby equivalent range progression control points were established for all pay grades of the structure, and range percentage widths increased upon ascending the pay plan hierarchy. The purpose of this structure is to provide a retention mechanism for rewarding long term service for management and senior management positions, which occupy critical or difficult to recruit for positions. Thus, the organization has the ability to reward and retain incumbents critical to the City’s overall growth and stability. Pay plan compression was-a central concern, i.e., employees earning more than their supervisors because the employees are eligible for over-time and the supervisors are not. (In some instances, this was in combination with the fact that unit reorganizations were occurring during the course of study.) This issue was resolved through evaluating and correcting percentage differentials between supervisory and subordinate levels. Also, the reorganizations .served as a facilitator for establishing appropriate percentage differentials to minimize potential for future compression. Additionally, the adjustments to the pay structure to bring the plan to market values further assisted in correcting compression. Finally, entry level compression was addressed by segregating employees with zero (0) to five (5) years of service in classification up to the range market values (control points). Regression Analysis... Regression Analysis is the tool by which Compensation Manager 2.3® establishes a baseline for the proposed pay plan and a means by which to "predict" market values for all non- benchmark positions. This tool calculates the "least squares" to fit a mathematical line through a defined set of observations. The regression analysis tested the correlation between the market values and point values for the benc.hmark jobs and created a "line of best fit". Then, based on the established line, the system predicts the "unknown" variable of market value for non-benchmark positions. The regression analysis for this study resulted in a very high correlation between the market data and the internat iob analysis (point factor). The calculated correlation was .99 and the standard estimate of error was 628.8. See Attachment D for Regression Analysis details. © HR Management Partners, Inc., 2001 8 City of Palm Beach Gardens Classification & Compensation Study Final Report It is recommended that the market data from all respondents be used to establish the base pay line. Due to the City’s projected levels of population growth and land development, it is necessary for th~ City to have the ability to compete in the County-wide labor market. Additionally, in an effort to respond to the highly competitive market tor police and fire positions, pay rates for these non-bargaining classifications were adjusted slightly upward. (This recommendation is also being made in an effort to respond to bargaining unit initiatives.) Additionally, it is recommended the City apply a five percent (5%) increase to the market based pay plan based on the Employment Cost Index (See Attachment for ECI explanation - currently 4.8%). This ensures the plan for 2001/2002 is at or above competitors who are currently adjusting plans for the new fiscal year. (Such adjustments generally range between 3 and 5%.) Also, it is recommended the City offer a general compensation increase of 3% of base salary (minus any longevity) to all non-bargaining positions within the scope of the study. Such increase will ensure bargaining agreements achieved by sworn and civilian represented do not create salary inequities across the organization as a whole. The cost for a 3% adjustment to current non-bargaining unit salaries is $120,971. Secondary to the general compensation increase, it is recommended the City segregate employee salaries in their respective salary ranges based on "time in position" and average performance scores. This measure corrects entry level compression, specifically for employees between 0 and 5 years service in classification. This measure also addresses incumbents with greater than 5 years in class who have not (subsequent to the general increase) achieved the market values of the job. The cost to segregate employees within the ranges is $35,682. Thus the total cost of ~HRMP’s recommendations is $156,653. Attachment B outlines the overall cost per City department. Attachment C outlines cost per individual employee in departmental order. Control points function as that point of range penetration whereby an incumbent is fully proficient in the work and should, therefore, be compensated according to the market value of the job. In general terms, it can be assumed it should take no longer for any position, regardless of placement in the organizational hierarchy, to require more than 4 to 5 years to become fully proficient in the job’s essential functions. Thus, an incumbent should penetrate the pay range in a manner that ensures reaching market goals within that time frame. HRMP recommends establishing control points for all ranges at 20% spread from range minimum to market value. HRMP also recommends the percentage widths from market value to maximum increase at ascending levels in the hierarchy. This ensures the ability to reward/retain management and senior positions critical to long term organizational growth and stability. The recommended plan structure described herein (i.e., equal control points for all grades with increasing range widths at higher levels) is the Modified Inverted Pyramid compensation philosophy. © HR Management Partners, Inc., 2001 9 City of Palm Beach Gardens Classification & Compensation Study Final Report Although the following comments~observations were outside of the scope of work of this project, HRMP sees this information as noteworthy for the City. It is common practice in the private sector to give management the latitude to hire staff up to the market value of the pay range (with Human Resources approval). Generally, this practice only approved for "seasoned" applicants that demonstrate exceptional qualifications and experience in the field. Additionally, anything beyond market value would require the approval of a senior officer. This practice has carried over into the public sector as well. Most cities/counties have started giving their management staff greater discretion in determining hiring rates. This is due in part to a new management philosophy of empowerment, but more importantly it is brought on out of necessity in light of the very competitive labor market. According to the Bureau of Labor Statistics it is anticipated that despite the fact that the economy is slowing down, the tight labor market and lowunemployment will remain for several years to come. The Bureau has estimated that by the year 2009, the labor pool will be short some 23 million skilled workers. This has to do primarily with demographics, i.e., as the baby boomer generation (76 million population) continues to retire, they are being replaced with the Generation X population, which is only 1/3 the size of the Boomer generation. HRMP therefore recommends that the City continue its hiring practice to allow for new hire rates to more clos.ely correspond with the candidate’s credentials. For example, if the City were to offer employment to a Programmer Analyst who has seven years of experience, the candidate should not be offered a salary that is 20% below the market value (mid-point) of the position. Rather, since the candidate would able to come in and "hit the deck running", he/she should be offered a salary much oloser to market value. Conversely, a candidate that recently graduated from college and only has limited experience should be offered the minimum salary because this individual only has the "minimum qualifications" and will require several years to become fully proficient at the job. In this manner, the City can save substantial dollars by not over-compensating employees during the "job learning curve", which is the portion of the pay range between minimum and market (control point) value. In regards to employee retention, the general cost to replace employees is 500 times the position’s hourly rate (Source: Harvard Business Review, 1997). Thus, turnover should always be monitored. The important issue to consider is the reasons cited for termination, because employees who were terminated for cause, retired or left for reasons other than to pursue career opportunities elsewhere or for "personal" reasons, can skew the results of turnover data. © HR Management Partners, Inc., 2001 10 City of Palm Beach Gardens Classification & Compensation Study Final Report If vacated positions are easy to fill, the City has less of a problem than if the vacated positions are highly technical or highly sought after in the market. Some companies/organizations are beginning to offer "retention bonuses" to employees in critical/hard-to-fill positions such as Programmer Analysts, Inspectors, Building Officials, and Department Heads. Others offer tuition reimbursement for job-related course work or certification attainment. Typically, however, the employee must remain with the organization for a pre-determined period of time once the course work or certification is obtained or they must pay back a pro-rated amount to the organization. For the most part, retention has to do with offering competitive compensation and benefits and providing a work environment that is amenable.to employees. The scope of this study included reviewing the compensation, classification, and pay administration practices of the City. In conclusion, it can be stated that, while the City has not had a comprehensive external study conducted in several years, the overall results of the study showed that the City has exercised due diligence in compensating employees at fair market values during that interval. The conduct of this study, how.ever, further demonstrates the City’s commitment to ensure fair and objective compensation’practices that properly address all provisions of the Equal Pay Act. Finally, it is important to reiterate that, according to the Bureau of Labor Statistics, the conditions in the labor market are not likely to improve in the next. decade. Thus, it is crucial today to establish and ensure an effective and on-going retention effort to maintain the organization’s current and productive workforce. Again, through the conduct of this study, the City has demonstrated this effort and commitment to employees. © HR Management Partners, Inc., 2001 11 Pay Grade Order Job Listing Job Code Title 0515 Mail Courier 0537 9145 Administrative Specialist I Pro Shop Attendant 0591 Police Records Clerk 0541 0579 7031 5061 8075 .5085 O577 1150 0551 5065 5O8O 4051 7026 0554 4031 4065 3001 5062 8061 9151 5064 4042 1014 3015 7011 1113 1102 9070 5O75 7021 1105 70O5 5066 1010 4012 4041 8520 8041 8042 4001 Administrative Specialist II Finance / Accounting Technician Permit Technician Police Aide Registration Specialist UCR / Payroll Clerk Human Resources Technician Imaging Specialist Administrative Specialist III Evidence Custodian Budget Technician Planning Technician Plans / Permit Specialist Administrative Coordinator Code Enforcement Officer GIS Technician Payroll Coordinator Quartermaster Recreation Supervisor Electrician Evidence & Forensics Technician Forestry Technician MIS Technician Accountant Building Inspector (Single-License) Citizen Services Specialist Deputy City Clerk Purchasing / Inventory Contol Coor Administrative Aide, Chief of Police Plans Examiner Public information Specialist Building Inspector (Multi-License) Crime Analyst & RecOrds Supervisor Network Specialist Planner City Forester Coordinator, Golf Course Coordinator, Recreation Programs Coordinator, Special Events Supervisor, Code Enforcement Adj. Pts.Pay Grade Minimum Midpoint 10/1/01 Maximum 145 100 19,500 24,500 30,600 150 101 20,600 25,700 32,100 155 101 20,600 25,700 32,100 165 102 21,600 27,000 33,700 170 103 22,700 28,400 35,500 175 103 22,700 26,400 35,500 170 103 22,700 28,400 35,500 175 103 22,700 28,400 35,500 175 103 22,700 28,400 35,500 170 103 22,700 28,400 35,500 180 104 23,700 29,700 37,200 180 104 23,700 29,700 37,200 190 105 25,000 31,200 39,000 195 105 25,000 31,200 39,000 200 106 26,300 32,800 41,600 200 106 26,300 32,800 41,600 200 106 26,300 32,800 41,600 210 107 27,500 34,400 43,800 215 107 27,500 34,400 43,800 210 107 27,500 34,400 43,800 210 107 27,500 34,400 43,800 210 107 27,500 34,400 43,800 210 107 27,500 34,400 43,800 220 108 28,900 36,100 45,900 230 108 28,900 36,100 45,900 220 108 28,900 36,100 45,900 220 108 28,900 36,100 45,900 240 109 30,300 37,900 48,100 240 109 30,300 37,900 48,100 240 109 30,300 37,900 48,100 240 109 30,300 37,900 48,100 240 109 30,300 37,900 48,100 250 110 31,900 39,900 50,700 250 110 31,900 39,900 50,700 250 110 31,900 39,900 50,700 260 111 33,500 41,900 260 111 33,500 41,900 270 111 33,500 41,900 270 111 33,500 41,900 53,200 53,200 53,200 53,200 280 112 35,100 43,900 55,800 280 112 35,100 43,900 55,800 280 112 35,100 43,900 55,800 280 112 35,100 43,900 55,800 280 112 35,100 43,900 55,800 1 Pay Grade Order Job Listing 10/1/01 Job Code 2005 9004 7001 4015 5068 3006 1012 4010 8510 9001 1008 4060 507O 6010 1101 8500 1701 1202 1007 1403 6OO3 6011 1802 1803 1804 1902 4005 1302 5001 1602 1006 1901 1505 1301 1201 1004 1601 1003 1005 1501 R ~itle Human esources Generalist Supervisor, Facilities Maintenance Chief Building InsleCtor Development Compliance Coordinator Manager, Commun=cabons Operabons Risk Manager Senior Network S )ecialist Senior Planner Superintendent, Golf CourseSuperintendent, iublic Works Executive Asst to ICity Administration Manager, GIS Mgr, Police Network Communications¯IProgram Coord=nator, Fire Services City Clerk Manager, Golf Complex Chief Building O~cial Manager, Human IResources Manager, Information Systems Principal Planner Commander, EM Services Commander, FirelShiff D rector, Parks D V s on ¯ID=rector, Recreati,on Division Director, Special I~acilities DivisionManager, Public ~Vorks City Engineer (P.[!.) Manager, Finance Police Captain Deputy Fire Chief Director, Informati,on Systems D rector, Pub ic Works Division Police Major Administrator, F nance Administrator, Hu~nan Resources Assistant to C=ty Manager Fire Chief Administrator, Community Serv ces Administrator, Growth Management Chief of Police Adj. Pts. 290 295 310 310 310 310 310 310 310 305 320 320 340 340 370 360 380 380 390 380 400 400 400 400 400 410 420 420 420 440 480 460 460 5OO 5OO 5OO 5OO 520 530 510 Pay Grade 113 113 114 114 114 114 114 114 114 114 115 115 116 116 117 117 118 118 118 118 119 119 119 119 119 119 120 120 120 121 122 122 122 123 123 123 123 124 124 124 Minimum 36,900 36,900 38,700 38,700 38,700 38,700 38,700 38,700 38,700 38,700 40,600 40,600 42,700 42,700 44,800 44,800 47,100 47,100 47,100 47,100 49,500 49,500 49,500 49,500 49,500 49,500 51,900 51,900 51,900 54,500 57,300 57,300 57,300 60,200 60,200 60,200 60,200 63,100 63,100 63,100 Midpoint 46,100 46,100 48,400 48,400 48,400 48,400 48,400 48,400 48,400 48,400 50,800 50,800 53,400 53,400 56,100 56,100 58,900 58,900 58,900 58,900 61,800 61,800 61,800 61,800 61,800 61,800 64,900 64,900 64,900 68,100 71,600 71,600 71,600 75,200 75,200 75,200 75,200 78,900 78,900 78,900 Maximum 58,600 58,600 62,900 62,900 62,900 62,900 62,900 62,900 62,900 62,900 66,000 66,000 69,500 69,500 72,900 72,900 76,500 76,500 76,500 76,500 80,400 80,400 80,400 80,400 80,400 80,400 84,300 84,300 84,300 88,600 95,200 95,200 95,200 100,000 100,000 100,000 100,000 107,200 107,200 107,200 Employment Cost Index Explanatory Note (Source = Bureau of Labor Statistics) The Employment Cost Index (ECI) is a measure of the change in the cost of labor, free from the influence of employment shifts among occupations and industries. The compensation series includes changes in wages and salaries and employer costs for employee benefits. The wage and salary series and the benefit cost series provide the change for the two components of compensation. Wages and salaries are defined as the hourly straight-tim~ wage rate or, for workers not paid on an hourly basis, straight-time earnings divided by the corresponding hours. Straight-time wage and salary rates are total earnings before payroll deductions, excluding premium pay for overtime and for work on weekends and holidays, shift differentials, and nonproduction bonuses such as lump-sum payments provided in lieu of wage increases. Production bonuses, incentive earnings, commission payments, and cost-of-living adjustments are included in straight-time wage and salary rates. Benefits covered by the ECI are: Paid leave--vacations, holidays, sick leave, and other leave; supplemental pay--premium pay for work in addition to the regular work schedule (such as overtime, weekends, and holidays), shift differentials, and nonproduction bonUSes (such referral bonuses and lump-sum payments provided in lieu of wage increases); insurance benefits--life, health, short-term disability, and long-term disability; retirement and savings benefits--defined benefit and defined contribution plans; .legally required benefits--social security, Federal and State unemployment insurance, and workers’ compensation; and other benefits--severance pay and supplemental unemployment plans. The ECI provides data for the civilian economy, which includes the total private nonfarm economy excluding households and the public sector excluding the Federal government. The private industry series and the State and local government series provide data for the two sectors separately. Data for this quarter were collected from a probability sample of approximately 31,900 occupational observations within about 7,500 sample establishments in private industry and approximately 3,800 occupations within about 800 sample establishments in State and local governments. Data are collected for the pay period including the 12th day of the survey months of March, June, September, and December. The sampled establishments are classified by industry categories based on the 1987 Standard Industrial Classification (SIC), as defined by the U.S. office of Management and Budget. Details on the sample design are included in the bulletin, Employment Cost Indexes, 1975-99, (Bulletin 2532). Within an establishment, specific job categories are selected and classified into about 500 occupational classifications according to the 1990 Census of Population. Individual occupations are combined into broader occupational groups. Fixed employment weights are used each quarter to calculate the most aggregate series- civilian,, private, and State and local government. These fixed weights are also used to derive all of the industry and occupation series indexes. Since March 1995, 1990 employment counts, primarily from the Bureau’s Occupational Employment Attachment F Statistics survey, have been used. For more information on these topics, see the articles, "Introducing New Weights for the Employment Cost Index," in the June 1985 issue of the Monthly Labor Review and "Introducing 1990 Weights for the Employment Cost Index" in the June 1995 issue of Compensation and Working Conditions. For the series based on bargaining status, region, and area size, employment data are not available. The employment weights are reallocated within these series each quarter based on the current ECI sample. The indexes for these series, consequently, are not strictly comparable to those for the aggregate, industry, and occupation series. A fuller explanation of the calculation of index numbers appears in an article, "Estimation Procedures for the Employment Cost Index," in the May 1982 issue of the Monthly Labor Review. Beginning with the March 1990 ECI release, indexes were rebased to June 1989=I00~ A description of the rebasing is included in the article "Employment Cost Index Rebased to June 1989," in the April 1990 issue of the Monthly Labor Review. Beginning with the December 1990 ECI release, seasonally adjusted data are available for selected ECI series.. Seasonal adjustment removes the effects of events that follow a more or less regular pattern each year. These adjustments make nonseasonal patterns easier to identify. For more information on the methodology used to seasonally adjust ECI series, see the bulletin, Employment Cost Indexes, 1975-99, (Bulletin 2532). The seasonal adjustment factors are recalculated once a y~&r. The M~rch release contains data reflecting the newly updated seasonal adjustment factors. The historical data for the last five years are then revised based on the newly estimated factors. The new seasonal factors for 2001 and revised seasonally adjusted indexes for the past five years are available on the Internet site (http://www.bls.gov/ecthome.htm) or upon request. The factors are also published in the summer issue of Compensation and Working Conditions. The ECI sample is rotated over approximately five years, which makes the sample more representative and reduces respondent burden. The sample is replaced on a cross-area, cross-industry basis and is now integrated with the Bureau’s National Compensation Survey (NCS). Integrated samples have resulted in an increase in the number of private industry establishments and Occupations in the survey. Because the ECI is a sample survey, it is subject to sampling errors. Sampling errors are differences that occur between the results computed from a sample of observations and those computed from all observations in the population. The estimates derived from different samples selected using the same sample design may differ from each other. A measure of the variation among these differing estimates is the standard error. It can be used to measure the precision with which an estimate from a particular sample approximates the expected result of all possible samples. The chances are about 68 out of i00 that an estimate from the survey differs from a complete population figure by less than the standard error. The chances are about 90 out of i00 that this difference would be less than 1.6 times the standard error. The statements of comparisons appearing in this publication are significant at a 1.6 standard error level or better, unless otherwise indicated. This means that for differences cited, the estimated difference is greater than 1.6 times the standard error of the difference. Attachment F ~ Because standard errors vary from quarter to quarter, the ECI uses a five-year moving averageof standard errors to evaluate published series. To assist users in ascertaining the reliability of series, the five-year moving average of standard errors for all estimates.(excluding seasonally adjusted series) will be available on~the~Internet site (http://www.bls.gov/ecthome.htm)~shortly afterpublication of.the news release. When determining data to be used in contract negotiations, it is important to note that differences by bargaining status may be due to factors other than union status, such as occupationaland industry mix. For example, union occupations tend to be.concentrated in blue-collar occupations within manufacturing industries. Thus, differences between blue-collar and white-collar pay or differences in manufacturing versus nonmanufacturing industries could explain such differences.. An important consideration when choosing a series for escalation is the number of workers covered. Series with smaller number of workers may have larger sampling errors or be dominated by a smaller number of employers. More detailed information on the ECI is available from several sources. These include an annual bulletin--Employment Cost Indexes, 1975- 99, (Bulletin 2532), a chapter, "National Compensation Measures," in the BLS Handbook of Methods (Bulletin 2490), and several articles published the Monthly Labor Review and Compensation and Working ~onditions~’ The bulletin is available from the. Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or Bureau of Labor Statistics, Publications Sales Center, P.O. Box 2145, Chicago, Illinois. 60690, (312) 353-1880. Reprints of the articles and other descriptive pieces are available upon request by calling (202) 691-6199 or sending mail to (ocltinfo@bls.gov) . Current and historical data are available the web site: (http://www.bls.gov/ecthome.htm). The costs per hour worked of compensation components, based on March data from the ECI, are published in a separate news release titled "Employer Costs for Employee Compensation - March 2000," and in a bulletin, Employer Costs for Employee Compensation, 1986-99, (Bulletin 2526). The cost levels are calculated with current employment weights, rather than the fixed 1990 weights used in computing the ECI. Therefore, year-to-year changes in the cost levels usually differ from those in the ECI. ~ Attachment F CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 17, 2002 Date Prepared: January 7, 2002 Subject/Agenda Item: Declaration of Surplus Assets Recommendation/Motion: Recommend approval for declaration of certain items of personal property as surplus property, and authorizing its sale by auction. Reviewed~cit A or Finance ACM Human Res. Other Submitted by: Hoyt Owens, Public Works Originating Dept.: Public Works Advertised: Date: Paper: [ ] Not Required ~Affected parties Appr~.v~ by:,~" ~ -[--]Notified City Manage~ " [ ] Not required Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.# Council Action: [ ] Approved [ ] Approved wlconditions [ ] Denied [ ] Continued to:~ Attachments: [ ] None Background: See attached memorandum dated January 7, 2002. CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: APPROVED: FROM: SUBJECT: Ronald M. Ferris, City Manager January 7, 2002 Hoyt Owens, Director, Public Works~~~z/~tX2" Michael Morrow, Assistant Director, P DECLARATION OF SURPLUS ASSETS- FOR CITY AUCTION JANUARY 19, 2002 Public Works requests authorization to declare certain items of personal property as surplus property, and authorizing its sale by auction. Please fmd attached the declaration of surplus asset forms signed by the individual department directors for items being auctioned on January 19, 2002 by Karlin Daniel and Associates Additionally, we are requesting council approval to declare these items surplus property, authorize its sale by auction. If you have any questions, please call me. attachments CC:Jack Doughney, w/o attachments Hoyt Owens, w/o attachments Art Chesson, w/o attachments File Ferris 010802 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 12, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, DECLARING CERTAIN ITEMS OF PERSONAL PROPERTYAS SURPLUS PROPERTYAND AUTHORIZING ITS SALE BY AUCTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to declare certain items of personal property that are obsolete or serve no useful function as surplus property and authorize their sale at a public auction; and WHEREAS, the City Council determines that the disposal of such surplus property by auction is in the best interests 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby declares those items listed on Exhibit "A" attached hereto and incorporated herein to be surplus property and authorizes the sale of such items at public auction. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF ., 2002. -1- ATTEST: MAYORJOSEPH R. RUSSO CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- z ~~ ~ o oo o oooo oo ~E "~~-- 0 0 O0 0 000000 ~m ~om ~ ~88888 ~~ ~88~o 88888 ~oo~ z zl~ ~0000!00000100 00000000000000000000 O0 O0 0 000 000 000 000 000 000 ZZ ZZZ ZZZ ZZZ ZZZ ZZZ ZZZ ZZZ ~ZZZZZ:ZZZZZ, Z Z Z Zl Z~ 000000 00000000 0000000000000000000 00~0000 0 0 0 0000 00 0 O: 00100000 Z 0 0 ,-e~,-,--o o o o o o ~o o o~o 0’~C~C~O~O~0’~C~O 0’~O~C~0"~C~CO (.0 ~O~ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 17, 2002 Date Prepared: January 7, 2002 Subject/Agenda Item: Auctioneering Services for Surplus Items - Karlin Daniel and Associates, Inc. Recommendation/Motion: Recommend award of services to Karlin Daniel and Associates, Inc. Reviewed~City Atto~ Finance ACM Human Res. Other Submitted by: Hoyt Owens, Public Works Approved by: ~ _ City Manager Originating Dept.: Public Works Advertised: See attached. Date: Paper: [ ] Not Required Affected parties ..[~]-Notifled [X] Not required Costs: $-0- Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.# Council Action: [ ] Approved [ ] Approved wJ conditions [ ] Denied [ ] Continued to: Attachments: [ ] None Background: See attached memorandum dated January 7, 2002. CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: APPROVED: FROM: SUBJECT: Ronald M. Ferris, City Manager January 7, 2002 Hoyt Owens, Director, Public Works~ ~/ Michael Morrow, Assistant Director, Public Works AUCTIONEERING SERVICES FOR SURPLUS ITEMS - KARLIN DANIEL AND ASSOCIATES, INC. Please find attached the agreement between the City of Palm Beach Gardens and Karlin Daniel and Associates, Inc. for auctioneering services for the City’s surplus items. This agreement allows the City to piggyback on the Town of Jupiter’s contract for auctioneering services. Additionally, the Village of Tequesta and Northern Palm Beach County Improvement District are utilizing these auctioneering services with the auction planned for January 19, 2002. Given this, we are requesting authorization and council approval for the auctioneering services agreement. A proposed listing of the items that will be auctioned is also attached. If you have any questions, please see me. attachments C:Jack Doughney, w/o attachments Len Rubin, w/o attachments Allan Owens, w/o attachments File Ferris 010702 -CI~-OF.PA I ~M BE&CH GARDEN S -:MEMORANDUM TO. -DATE: -FROM: Karlin Daniel. & Associates December t.8, 2001 -Charles~Miller, Purehasing/Invento~ Control .Advertising auction items Your firm is welcome to take pictures Qf surplus City property. Due to delays in executing your agreement with_the City of Jupiter, our Council has not acted upon approving the disposal_of_our surplus property. We. cannot assure your firm that the list of surplus property is the final auction items. Consequent~ the City cannot be held_ liable for any action taken on the listing until approved by our Council on January 10, 2002. Thank~~t~g in this situation. --. ~gn~of4K~qriin.-~a~ie] ~ Associates, inc. ~ep CM . c; Hoyt Owens,Public Works Director Jack Doughney,. Asst.to City Manager Len Rubin, City Attorney DEC 2 1 2001 PUBLIC WORKS DEPARTMENT , , ORISlNAL 12/IS/2881 11:33 5B122025~KARLIN ~ ASSODANIEL PAGE 01 Kctr in Dan e .Aasoc. ttes,. Znc. 561.220.2557 Telephon.¢561.220.2544 Fa~im~t~ LiceRsed R¢aI Estate Brokers ~ F~878AU1207 50 S~ K~ndred Stre~ S~a~, FL 34994 www. karlindanie l. corn Facsimile T ansmittal Fax Number~ ~ .~- Number of pag~ (including th~a The inforrr~tion contained/n this transmission is privileged and confidential, it is intended for the use of the entity or indivlclllal named above. If the reacler o£ this message is not the intended ~:¢cipient, you are hereby notified that any dlsseminatio~, distribution or copy of this comm~Inication is strictly prohibited. If you have received this eomm~.ica~ion in e~ro~, please notify us immediately by telephone collect and return the original messag~ to us at the above address via the U.S. Postal Service. We will reimburse you for postage. Thank Yon IF YOU DO NOT RECEIVE ALL II~li~CATED PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Hard copy t~ follow: ~ Yes ~ No CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 11, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AUCTION AGREEMENT WITH KARLIN DANIEL & ASSOCIATES, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City seeks to participate in an auction of surplus items, to be conducted along with the Town of Jupiter, the Village of Tequesta and the Northern Palm Beach County Improvement District on January 19, 2002; and WHEREAS, the City wishes to "piggyback" an existing Auction Agreement between Karlin Daniels & Associates, Inc. and the Town of Jupiter and enter into a separate agreement incorporating the same terms and conditions; and WHEREAS, the City Council determines that the execution of the Auction Agreement is in the best interests 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby authorizes the City Manager to execute the Auction Agreement with Karlin Daniel & Associates, Inc. attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF ., 2002. -1- ATTEST: MAYORJOSEPH R. RUSSO CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- PAGE 8212/19/2081 11:33 5612282544 t<~RLIN D,~HIEL S ASSO Karlin Dm iel & Associates, ]inc. 50 SE Kindred Street - Suite 103 ¯ Stoarl, Florida 34994 - (561)2204557. ~ AB$78-AU1207 AUCT][ON AGREEIM[ENT This AUCTXO~: AGP.EENE!,:T, rr.ade and entered into th~s ~0~x day of No,z~er , 200~ hereinafter ;e~erred to as "SELLER ’I and .K~LLIZ D~IIEL ~5 ASSOCIATES, Znc. A~otio~eers. Real Estate Brokers, a~d Yach~ Brokers, hereinafter re,erred to as For good and valuable consideration, the recelp5 and sufficiency o~ which is hereby acknowledged, Seller 4cos hereby give Auctioneer the exclu~i~,e :tight t~ sell at public auction the following described real and/or personal property, to w1~: All items listed as ~ev a~ached list & marked exhihit"A": ~o be provided by the City qf Palm Beach Gardens Auction location: To’,~ of J~l~Ite~ Nain~enance Faci!i5~,~ 3131 ~ashin~ton St., .J~p~er~ Florida The Seller does hereby agree to pay to ~h~ Au:t{oneer for its sarvice~ in eond~cti*~g 3a~d sale a fee N/A perce~ of the highest and las~ b~d, made e~ taken on said real p~operty, ~o~withstanding the refusal or inability to ~ransfer ~i~le to said property, and -0- percent Cf the net bid(s) on said personal property. The fee(s) and any costa are to be paid ou~ o~ first proceeds received from the sale. In no event shall the tossl fee be leas ~han as stated due and payable the day of sale. However, %he fee may This auction (is) (i~ net) s-’_bject to a I0% Buyer’s Premium; ~n6 in the event the Buyer’s Premium is a Adver~s~n s $.-0-Survey $-0-Tent $-0-Auction Set-up $-0- The Seller w~rran~s ~ha~ <l) iz (is)(~ the sole ~d legal o~ner(s) o~ a~i the ~eal ~nd/or li~s, adverse claim~, encu~r~ces, concealed physical defects a~d a~y environ~ent~! pzoblems as defined Federal or S~at~ !a~ ¢xcep~ a~ listed in this paragraph; nnd (~) i~ (has)(ha~’c} full authority zo ~ell and tO dispose Of said property in accordance w=~h this ~£e~ment and will ~ive marketable ~itle to said proper~y. agreer~ent ~xcept by the express written consent cf the Auctioneer. The Auc~i0neer agrees to use its best effort~ to obtain the best possible price of said property and xo dO ~ii th~ngs necessary ~o effect such sale. It ~s "lnders~ood and agreed ~hat the A~ctio~eer by this agreemen~ assumes no liability for th~ ICes by f~re, theft, ~es~-ac:ion or damage to ~he prcper~y ~o be sold or to the buyer(s) shall make 9~_!l~lent ~n ~ull day of auction, bu~’er(s) shall remove all ~tems ~he da~, cf the atctlon fee. Set,lament c~ ~he auction proceeds wi~h the s~l!er to occur on she i0 ~’~ banki:~ day following the aucClon ~hen deZault~-, the earnes~ money deposit wi!& be divided equally between the Seller (as damsgZS} and Co~ty, Florida, consents to th~ jurisdictio~ of Such co’art in any Su~, action or proceedin~ ~ waives any objection which ~t ~y have ~o the laying of X’~n~:~ Of Zd]y such Su~t, action or proceedi~ in ~uch court. o~ Florida wi~h0u~ re~ard o~ principles o~ ¢onfl~ct~ of laws. Agreement, ~he preva~iin~ part~, shall be en~itl%i tO recover all O~ thelr reasonable ~ttcrneys’ tees and including those incu~’e~ i£ at~eg~p~in g collection w!thou~ litisation, (b) in lltiga~ing &n all ~ri~i and appellate leve!~, (c) in any bankruptcy ~roce~{~ and (!) in ~y post-~ud~en~ p~’oceedin~. aut~ri~y tO sign on behalf O~ such party oz entity,. Said Auction iS tO ~¢ conducted on ~he/lgt~,;. c~ JanuaQ. .., 2002 a: &0:0O a.m./~ OF A COPY OF S,’.E. ~., ......t ~el,,in, upon ,.’~rba, s~a,e~ta no, cor.tained~in-- 12/19/2081 11:33 561228.2544 KARLII4 DANIEL & ASSO PAGE AUTHORIZATION TO DISCLOSE We authorize the following reason(s) for selling ou; property "to be disclosed: In order to dispose of surplus and obsolete equip,merit .and_v~eh.icies, Karlin Daniel & Associates has been au .~.prized_to sell tl:e fotlowing at public,,.auction to the highest b_idder, regardless of pric, e! .. Date Date Seller Signature ! / DEC 1 9 200] PUBLIC WORKS DEPARTMENT ~ ":’"F::m+"~ .~’,.., + ++ .+ .+..+.+:+ +=+ ++_ c~ o’) i:~)!t’~l "~I" ’~" ’~",,,, v,"ZZZ Z~Z ~ oooooooooooI~ ~ ZZZZ ZZZZZZZlZ O00OO0 ZZZZZZ ooooo.~ o 00000000000 000000 000000 , 0 OZZZ,ZZZZ’ZZZlZZZZZZZZZZZZZ ZZ;ZZZZZZZZ ZlZZZZZZZZZZZZZZZZZZZZZ ZZZZZZ ZZZZ Z 0 0 00jO o 0 0 0 0 0 0 0 0 0 0 0~0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o oo o,o o o oo o ~ ~ ~~£~ ~=~ Z 0 0 0 0 0 04’~- ’~--~ 0 0 0 0 0 0"~ 0 0 "~’-’~’- ~")CO 0 ’~l" r’...-0 P..-£0 cO qO co IO Z z 00 Z ~u SURPLUS Location: Town of Jupiter Maintenance Facility, 3131 Washington Street, Jupiter, Florida Directions:From 1-95, take exit 59 (Indiantown Road/Jupiter), go east to Central Blvd., turn north to Church Street, turn west and follow through stop sign to auction site. Watch for auction signs! IIn order to dispose of surplus and obsolete heavy equipment and vehicles for the Town of Jupiter, the City of Palm Beach Gardens*, the Village of Tequesta, and the Northern Palm Beach County Improvement District, Kar/in Daniel & Associates has been authorized to sell the following at public auction to the HIGHEST BIDDER, REGARDLESS OF PRICE! f]._~a se Load~L~ I Blade-Mor Grade~ .__v....it ¯ Ford 555 backhoe/loader w/36" bucket, 1,442 hours, SN 0666265 ¯ Blade-Mot 747 grader, 1820 hours, SN 74705820020 ¯ * Case 1835B Skid-Steer loader, diesel, hrs. unknown ¯ * Gradall G-600 w/Detroit diesel, weed and ditch buckets, 9,331 miles, 1,896 hours~ SN 333863 ¯ Caterpillar forklift, 419 hours, not running, gasoline, SN 81M3280 ¯ Clarke forklift, gasoline ¯ * ’95 Freightliner emergency vehicle semi-tractor, 5.9 liter Cummins diesel, auto., AC, 54k miles ¯ ’94 Ford Explorer XLT, 4x4, blue, auto., AC, 97k miles ¯ * ’93 Chevy Suburban Cheyenne, 4x4, 3/4 ton, auto., AC, 98k miles ¯ ’93 Ford Ranger XLT, 4x4 pickup, plum, auto., AC, toolbox, 124k miles ¯ (2) ’92 Isuzu pickups, white, auto. AC, bedliner, 86k & 96k miles ’91 Ford Explorer XLT, 4x4, brown, auto., AC, 143k miles ¯ ’91 GMC Sierra.SL pickup, white, auto., bedliner, 88k miles ¯ * ’90 Dodge Ram 150 cargo van, white, bucket seats, auto., AC, 26k miles ¯ * ’90 Ford Ranger XLT, brown, manual, AC, topper, 74k miles ¯ ’89 GMC S-15 Jimmy, 4x4, white, auto., AC, 104k miles ¯ *(2) ’89 GMC Sierra 1/2 ton pick-ups, white, auto., AC, 73k & 86k miles ¯ ’89 Ford Bronco II XLT, 4x4, brown, manual, AC, 104k miles ¯ * ’88 Ford Lariat XLT pickup, white, 1/2 ton, toolbox, manual, AC, 102k miles ¯ * ’88 Ford Custom F-150 pickup, white, auto., AC, 118k miles ¯ * ’88 Chevy Scottsdale pickup, 4x4, 1/2 ton, white, manual, AC, 99k miles ’88 GMC Sierra SL pickup, 4x4, 1/2 ton, white, auto., bedliner, 86k miles ¯ ’88 Dodge Dakota pickup, white, auto., AC, toolbox, bedliner, 105k miles ¯ (2) ’87 Dodge Ram 150 pickups, white, auto, AC, 110k & 161k miles ¯ (2) ’84 Dodge Ram 150 pickups, white, auto., AC, 65k & 85k miles ¯City of Palm Beach Gardens and Village of Tequesta inventory subject to Town Council approval 1110102 - Consent Agenda AUI:TION TERMS AND CONDITIONS Everything, sells to the HIGHEST BIDDER, REGARDLESS OF PRICE! 10% buyer s premium charged on all sales. Everything sells on an "AS IS, WHERE IS" basis. $500 cash deposit with personal check for balance required for each vehicle and larger items purchased, balance in cash by noon Monday, January 21st. * ’96 Harley Davidson FXRP, police issue, side compartments, 9,105 miles * ’95 Harley Davidson FXRP, police issue, side compartments, 28k miles ¯ * ’98 Ford Crown Victoria, 4 dr. sedan, white, auto., bucket seats, AC, 118k miles ¯ * (5) ’96 Chevy Caprice, 4 dr. sedans, white, auto., bucket seats, AC, 97k-114k miles ¯ * (2) ’93 Chevy Caprice, 4 dr. sedans, white, auto., bucket seats, AC, 111k & 120k miles Tiger TRR-L Special 15’ batwing mower, SN TMO549HP ¯ Toro 4x4 RM 3500D 5 gang mower, 3,352 hrs. ¯ * Toro Ground Master 325D mower, 672 hrs. ¯ Grasshopper zero radius mower, 18hp, 1,657 hrs. ¯ * 6’ Flail finish mower ¯ Rhino 6’ deck mower ¯ * Care Tree 54" tree spade ¯ * Mill Creek 75TD top dresser ¯ Mete-R-Matic III Turfco F12D top dresser ¯ * John Deere 1500 spray cart, 1,691 hrs. ¯ * John Deere LX176 riding mower ¯ ¯ Land Pride 3 deck hydraulic mower ¯ Ruff high wheel brush cutter ¯ Snapper lawn mower o (3) F~ymo mowers - * 8’ field disc ¯ * Lesco 200 gal. truck mount spray tank with hose and Honda engine ¯ * Pro Mark Turf Vac ¯ * 5’ box blade ¯ Little Wonder edger ¯ weed trimmers ¯ (3) well pumps 14hp and 3.5 hp engines ¯ 8’ hydraulic truck mount dump bed ¯ 8’ Chevy dually bed w/gate ¯ Mule 500 utility cart ¯ Honda 350 4x4 ATV ¯ * 6’ x 8’ military trailer w/canopy and hydraulic brakes ¯ Crosley single axle tilt trailer * (39) GE portable radios ¯ * (6) GBC CCTV surveillance eras - * computers & monitors ¯ *(3) GE CMX 8630 mobile radios ¯ * Panasonic copier ¯ * Nikon 35 mm camera ¯ * desks ¯ * office supplies and more/ OWNERS: Town of Jupiter City of Palm Beach Gardens Northern Palm Beach County Improvement District Village of Tequesta : Payment in cash, cashier’s check or check w/bank letter of guarantee. ¯ Removal of vehicles and equipment by noon Monday January 21st.Inspection 1 hour prior to auction,"/~_ , Auction conducted omsite, rai n or shine, Announcements made at auction take precedence over printed matter. Licensed Real Estate Broker ¯ FL AB878AU1207 For details call: ~~M~.~~-~,~ ~# or ~v~,~ ,~w www.karlindaniel.com Auctioneers: Karlin K. Daniel ¯ Alan Frenkel ¯ Tim Hoza ¯ Robert Smith ¯ Rick Baker ¯ Bob Ewald ¯ Cliff Walker ¯ Fritz Fedele ¯ Apprentice: Wesley Davis CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 17, 2002 Date Prepared: January 7, 2002 Subject/Agenda Item: City Hall- Replacement Compressor, Chiller No. 1 Recommendation/Motion: Recommend approval to remove existing inoperable compressor and install identical York compressor for City Hall. Recommend award of work to Atlantic Refrigeration for the quoted price of $20,891.00. Reviewed City Attorn~ Finance ACM Human Res. Other Submitted by: Hoyt Owens, Public Works Ronard M.~Ferris, City Manager Originating Dept.: Public Works Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: $20,891.00 Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.# Council Action: [ ] Approved [ ] Approved w/conditions [ ] Denied [ ] Continued to:~ Attachments: [ ] None Public Works has obtained three (3) quotes to remove the existing inoperable compressor in Chiller No. and install an identical new York compressor. The quotes include removal and installation, reclaim/recharge freon, liquid line, dryer cores, change system oil, and rigging/disposal of the defective compressor. In consideration of this, Atlantic Refrigeration submitted the lowest quote to complete the work in the amount of $20,891.00. CITY OF PALM BEACH GARDENS MEMORANDUM TO:Ronald M. Ferris, City Manager DATE:January 4, 2002 APPROVED: Hoyt Owens, Director, Public Works ~ "’1/1/ 0.:2--,, / / ~1.,...,0 FROM: Michael Morrow, Assistant Director, Publ[’c VCorks /¢/’~/A/~ SUBJECT:CITY HALL REPLACEMENT COMPRESSOR- CHILLER NO. 1 Attached herewith are three (3) quotes to remove the existing inoperable compressor for Chiller No. 1 and install an identical new York compressor. The quotes include removal and installation, reclaim/recharge of freon, liquid line, dryer cores, change system oil, and rigging/disposal of the inoperable compressor. The original compressor start-up date was November 9, 1999, with a 6-month warranty period. The City chose not to purchase an extended warranty on this equipment. The following is a listing of the quotes with the associated companies: Atlantic Refrigeration Stokes Mechanical Contractor, Inc. Roth Brothers, Inc. $20,891.00 $28,800.00 $29,920.00 Given the above information, we are requesting authorization and council approval to have Atlantic Refrigeration complete the work at the quoted price. If you have any questions regarding the information, please call me. attachments C:Jack Doughney, Assistant to City Manager with attachments File City of Palm Beach Gardens Purchase Requisition Vendor:Atlantic PO Number: Date: January 3, 2002 Address: Deliver to: 1255 NW 17 Av2nua, Delra Z Death, FL 3344Z Install identical chiller, remove defective chiller, etc. Quantity Unit Description Unit Price Total Price See attached for unit price an~ h~h~l Note:~OVlO~ copy .of pur- chase order to ~3artment. GrandTotal **Award based on total bid..~20,891.00 Mail purchase order to vendor? XX Yes __ No Fixed Asset?Yes No Is this a budgeted item? __ Yes __ No If no attach an explanation. Account Number: Originator: ~°-’-~ ~.b.a._ 1 Horro~ z. A~:sistant Director, ~ub.lic WorksTitle: ,~J/X/~-//~7/~Department Head: .....2.-- ’~20 ~91 00Vendor Atlantic Refri~eration Amount ..,: , . Contact 2. Vendor Contact 3. Vendor ~tokes Mechanical Contractor, Inc. ~rad Hedient Phone (561) 278-1937 Amount $28,800.00 Phone (561) 582-3589 Amount ~29 920 00~oth ~ro<~. Contact Jack ....."Phone,.-,.a..al i t orJ (954) 970-8079 If low quote is not recommended, please state the reason why. FROM : ~TGANTIC Date:12/19/01 Dec. 19 20101 04:22PM P1 1255 N.W. I7 ~: Ave~ue Delrav Beach, FL 33445 Bus. (56I) 278-1937 Fax (561) 278-0373 www.atiaslticref?igeration.cc To:Jay McKee , City of PMm Beach Gardens Fax:561-775-8279 Pho~e:561-77~-8274 From:Mike Mc Gann., Atlantic RefMgeratio~ Pages (Incl. this page): 1 Subject: York Compressor Replacement: Jay; DEC 1 9 2001’ PUBLIC WORKS DEPA, R..TMENT , I have been doing my homework on d~e compressor replacement for the York chiller. This is an extremely expensive component and is not covered by any equipment warranties. In speaking with York South Florida, I was informed that the part is available for purchase, however there is no supplemental warranVy save the one-year factory warranty on the original part. I did verify this through General Refrigermetics (York In NY. They have provided me w~th more favorable pricing on the same part. There is some shipping involved but we can get the new compressor in with the available one-year warranty, refrigerant, crane, driers and other incidentals for the amount of $20,89~_..00. Please ~et me knmv if you want to go forward with the repairs. DEC-19-01 01:Z4PM FROM-St0k~s Mechanical +56158Z3602 T’0g8 P.01 F-360 TOKE December I9, 2001 Palm Beach Gardens Facilities Maintenance 3704 B~mas Road Palm Beach Gardens, FL 33410 Attn: Jay McKee Re: City Hall Compressor We propose to supply all labor and material to replace one (1) Yo~rk compressor, Model No. DXS36LASA46/50N for the sum of Scope ¯Piping ¯Refrigerant/Reclaim ¯Crane/Rigging ¯Drier Cores ¯Start-up ¯Warranty Exclusions: Premium Time This pcoposal may be withdrawn if not accepted within thirty day Sincerely, STOKES MECHANICAL CONTRACTOR, INC. Brad C. Bedient HVAC Manager PBG Corapze~’ 775-8279 PLUt¢~BINC - Ati:~ CONDITIONING 2061 7th Avenue North ¯ Lake Wor!h, FL 33461 * (561) 582-3589 ~ FAX (561) 582-3602 SENT BY: ROTH BROS.;954 970 901t~0EC-14-0i 11:03;PAGE 2/2 ,~FirsfEmet’gy Comperr/ ~ 541 S. Szalo Road 7, ...quite 13 Margete, Florfda 33068-1 i"11 (9.64) 970-807_O FSx: (95,4) 970-901 www. t olhbfO& COtn Mr. Jay Palm I3e~ch Gardcns 1()5(}0 N. Military "i’~ul D’Am Deach~ FI, 33410 Dea-Ja); Dcccml~cr 1,1, 2001 I’d like to thank you for aJlc~wing Ruth Bros., Inc this opporru.nib" to J.,c of scrvice. Our technicia~L on a service call, found a defective compressor in Chiller #!1. I’ve listed below the scope of work for your review, please feel free to call me with any qticstions or requests. Scope of Work ¯ Remove detectave compressor, insvaIl nm~’ comprcssor ¯ ¯ Reclaim freon and recharge new compressor (includes frcon) Install liquad line drier cores ’ Change oil in b0rh systems t0include oil and filters ~ ~Yll necessary rig4~ng and disposal of defeclJve comprc~,sur and oil Tor~ including pa.rt.~ and ]abor ~;.2~,920.08 A,;cepbance Sincerely; Ja Iarnilton ~’olnal Accoun~ Massager NOTE,: Star~.-up dare was 11/(19/99 (per York) 7 - 10 days arrival to l>~Jm Bcaci~ Gard’ens after order is placed. COMMeRCIAl,. ¯ INDUSTRIAL ¯ INSTITUTIONAL ¯ CONTRACTORS -EN,31N~ER8 CorpOrate Olti¢.e: 3847 Crurn Road, P.O- B43x ~,209 ¯ Yot)ngslrawn. Ohio 4,~51543209 * (330} 793-5571 ¯ F&x: (330/ T99-3369 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 7, 2002 Meeting Date: January 17, 2002 Subject/Agenda Item: Resolution 7, 2002-Frenchman’s Reserve PCD-Parcel D-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by://~_ City Attorney Finance ACM Other Sean C. D~nahue, P.E. Assistant City Engineer Originating Dept.: (~wth Management Advertised: [X ] Not Required Affected parties Appr~o~e~l by: ~/~ ~ [ ]Notified City Manager [X] Not required Costs: $ 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: [ ] None BACKGROUND: See attached memorandum. RESOLUTION 7, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE FRENCHMAN’S RESERVE PCD-PARCEL D PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Frenchman’s Reserve PCD- Parcel D Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Frenchman’s Reserve PCD-Parcel D Plat consisting of six (6) sheets dated January 2002, prepared by Wantman Group, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day Of ATTF=ST: JOSEPH R. RUSSO MAYOR CAROL GOLD, CiTY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 7, 2002 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Fur{ado Councilman Clark Councilman Sabatello AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Parmers For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORAND UM Carol Gold-City Clerk Sean C. Donahue, PE ~b January 7, 2002 01-4193 SUBJECT: Frenchman’s Reserve PCD-ParcelD We have reviewed the plat for the referenced project for compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have determined that this plat is technically compliant with the referenced standards. We have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ P:LPROJECTSkPBGMEMO\4193\4193 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 7, 2002 Meeting Date: January 17, 2002 Subject/Agenda Item: Resolution 8, 2002-Frenchman’s Reserve PCD-Parcel F-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval, Reviewed City Attorne~,~ Finance ACM Other bmitted : Sean C. Donahue, P.E. Assistant City Engineer Originating Dept.: Gr(C!~th Management Advertised: [X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $ 0 (Total) $. 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None BACKGROUND: See attached memorandum. RESOLUTION 8, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE FRENCHMAN’S RESERVE PCD-PARCEL F PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Frenchman’s Reserve PCD- Parcel F Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Frenchman’s Reserve PCD-Parcel F Plat consisting of six (6) sheets dated January 2002, prepared by Wantman Group, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: JOSEPH R. RUSSO MAYOR CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 8, 2002 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT CONSULTING (]VIL ENGINEERS, SURVEYORS &MAPPERS C~VIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORAND UM Carol Gold-City Clerk Sean C. Donahue, PE ~J’5 January 7, 2002 01-4192 SUBJECT: Frenchman’s Reserve PCD-ParcelF We have reviewed the plat for the referenced project for compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have determined that this plat is technically compliant with the referenced standards. We have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ P:WROJECTSkPBGMEMO\4192\4192h CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 7, 2002 Meeting Date: January 17, 2002 Subject/Agenda Item: Resolution 9, 2002-Frenchman’s Reserve PCD-Clubhouse-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by~,..~ City Attorn ey(~./ Finance ACM Other S"e~an C. D~nahue, P.E. Assistant City Engineer Approved by: Ci~~’- Originating Dept.: Gr wth Management Advertised: (X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $. 0 (Total) $, 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: [ ] None BACKGROUND: See attached memorandum. RESOLUTION 9, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE FRENCHMAN’S RESERVE PCD-CLUBHOUSE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Frenchman’s Reserve PCD- Clubhouse Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Frenchman’s Reserve PCD-Clubhouse Plat consisting of two (2) sheets dated January 2002, prepared by Wantman Group, Inc., attached hereto Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: JOSEPH R. RUSSO MAYOR CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 9, 2002 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYOI~S &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPHNG GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286.3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORAND UM Carol Gold-City Clerk Sean C. Donahue, PE January 7, 2002 01-4210 SUBJECT: Frenchman’s Reserve PCD-Clubhouse We have reviewed the plat for the referenced project for compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have determined that this plat is technically compliant with the referenced standards. We have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ P:kPROJECTS~BGMEMO\4210\421 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 01/17/02 Date Prepared: 01/03/02 Subject/Agenda Item: Public hearing and second reading of Ordinance 38, 2001, updating Article V, "Swimming Pools", in Chapter 86, "Buildings and Building Regulations", to utilize contemporary definitions, materials and technology and to clarify the setback provisions from building foundations when structural shoring is employed.. Recommendation/Motion: Motion to approve Ordinance 38, 2001. Reviewed by: City Attorney Finance Other Memorandum: Submitted by: Memo from Len Rubin to Charles Wu dated 10/01/01 De )artment Director Originating Dept.: Building Division Advertised: Date: Paper: January2,2002 Affected parties [X] Not required Costs: ~; 0 Total $ 0 Current FY Funding Source: Council A~tion: [ ] Approved -~ [ ] Approved w/conditions [ ] Denied [ ] Continued to: [ ] Operating [X] Other NIA Budget Acct.#: Attachments: 1. Ordinance 38, 2001. 2. Letter from Jack Hanson, Building Official, dated September 25, 2001 to Charles Wu. 3.E-Mail from Jack Hanson regarding pool contractors for solicitation for input dated October 5, 2001 to Charles Wu. 4.Copy of Florida Statute 515. 5.Copy of Section 424 - Florida Building Code 2001. [ ] None \\File_srv\building\eileen~Agenda Cover Blank Memo.doc City Council Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 REQUEST: Jack Hanson, Building Official, is proposing several revisions to the swimming pool ordinance as a matter of legality concerning setbacks and definitions and basic "house-keeping". This request has been accented by recent court decisions and companion documents from the State of Florida, (see attached). BACKGROUND: The swimming pool code of the City of Palm Beach Gardens has not been updated since 1987 and as such is not up-to-date in its current application. The code lists methods and materials that are no longer in use or available and does not reflect prevailing new materials and technology. A recent court case revealed a need to clarify the setback provisions regarding the foundations of the structure on the lot where the pool is being placed. The use of engineered shoring where applicable will address this condition and allow the homeowner the maximum recreational benefit of his/her properties. This shoring usage will not affect any other setbacks required by other code sections. The State of Florida has elected to include swimming pools both public and private in the new building codes that will become enforceable on January 1, 2002. These provisions of sanitation, construction and user safety are in conflict with our code in several areas (see attached) and this new Ordinance 38, 2001 will serve alleviate those conflicts. For your information, the Florida Building Code as it pertains to public and private swimming pools and the City code will both be enforced in the permitting of such pools. STAFF RECOM M EN DATION: Staff recommends the adoption of Ordinance 38, 2001 to update our swimming pool code. The Building Division of the Growth management Department will be better enabled to administrate and effectively enforce the code provisions as a direct result. \\File_srv\building\eileen\Personal~poolord38.doc CITY OF PALM BEACH GARDENS ORDINANCE NO. 38, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 86, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE V, "SWIMMING POOLS," OF THE CITY CODE OF ORDINANCES TO CLARIFY AND UPDATE THE REGULATIONS APPLICABLE TO THE CONSTRUCTION OF SWIMMING POOLS; AMENDING SECTIONS 86-117, 86-150, 86-177, 86-179, 86-181, 86-182, 86-184, 86-193, 86-227 AND 86-252; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has recommended revising and updating the City’s Swimming Pool Code; and WHEREAS, the City Council determines that the adoption of such amendments is the best interests.of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CrOUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City of Palm Beach Gardens Code of Ordinances to read as follows: ARTICLE V. SWIMMING POOLS DIVISION 1. GENERALLY Sec. 86-117. Application for permit; fees. (b) Building permit fees shall be those permit fees, charges and expenses as required and set forth in section 86-286. DIVISION 2. ENFORCEMENT AND ADMINISTRATION Sec. 86-146. Responsibility for maintenance; violations; correction by city. (b) If the building official shall find existing violations of this article, the official shall notify, in writing, the owner, lessee or licensee of the premises where the swimming pool is located of the violation in detail and shall give the violator ten days from the date of delivery of the notice to correct the violation. If the violation is not corrected the building official shall cite the violator into city c~.OUl~ under the procedures provided by law. If the violation is of an emergency nature, no written order shall be required. Sec. 86-150. Variances. (a) The board of zoning appeals may authorize, upon appeal specific cases, modification of side and rear yard requirements for the location of a swimming pool or screen enclosure thereon and ....."I ~:r~UII ~:1 I Igl LI I~;: IU~C:3LIUI I UI LI I~~UUI LU LI I~ UUIIUII I~ IUUI IU~LIUI I II I ~1 I] I ~OIU~I ILI~I ~IOLI I~L IUI LII~~UIIOLIU~LIUII UI ~OVYIIIIIIIIII~~UUI,~UUIIUIII~IUUIIUGLIUII OIIall U~IIII~U GO LII~ ~IIIII~L~I IUULIII~ UI ally UUIIUIII~ GIIU OIIGII IIUL III~IUU~ G ~LIU o~,~,,,u ~,~,, ~,,u,-o. A variance shall be granted by the board only when, owing to specific conditions of lot size or shape or the initial location of the principal building on the lot, the enforcement of this a~icle will result ~n unnecessa~ har6sh~. Sec. 86-177. Recirculating and drainage outlet. An outlet shall be placed at the deep point in every swimming pool for recirculation and drainage. The pool recirculating pipe from the bottom of the pool up to a point not more than two feet below the rim of the pool shall be of pp - " " ""-" "~’:-’ ...... "" .... " -- ’- ...... PVC schedule 80 with minimum or of two-inch diameter. -2- Sec. 86-179. Scum gutters and pool skimmers. Sec. 86-181. Electrical wiring and equipment. (b) All electrical equipment and electrical wiring shall be inspected and approved by the etectficat city inspector prior to covering or otherwise concealing. Sec. 86-182. Piping specifications; inspection. (a) Swimming pool piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head, at which the pump will provide those flows. In general, the water velocity in the pool piping should not exceed ten feet per second for pressure lines nor four feet per second for suction lines. Where velocity exceeds these values, summary calculations should be provided to show that rated flows are possible with the pump and piping provided. The recirculating piping and fittings shall meet the following requirements: (1)All main drainline piping for swimming pools, both public and private, shall be made of one the "-" ....=--",~,,~,,,,,u materials: type ~ ~.~,~,~,=, ....... ~,,~,=- .... ~,, PVC schedule 80 and shall extend from the bottom of the pool to within two feet of the finished grade level and then may be continued from that point with ~ copper-m= PVC schedule 40 or schedule 80. (4)For all swimming pool piping other than main drainline piping, ........... : ....highmaterials permitted shall include ty~,:,, ’~ ~,,.,~,~,~, ~,,~,~ ~,, impact PVC schedule 40 or 80 ,.,, ,.,, =,oo e ~,,o, ,,, v,~,u, ,, ,o OLC:II I~,lC31U tl UI I ~Jl~.J~:; OIL~, ~:~A~.,~,,JL LI IC3L LI I~:~ VVC::IL~;:I 0~:~1 Vlq~q~ IUI I II1111~:~ -3- (c) No pipe work on a pool or part thereof shall be covered until has been inspected, tested and approved the plumb:,ng city inspector. If any of this pipe work or part thereof is covered before being regularly inspected, tested and approved, it shall be uncovered upon the order of the plumbln§ city inspector. Sec. 86-184. Height of rim; drainage into pool. (d) Any patio area round a pool shall contain a ,m;n;mum ,.,, -,._: .....:...,._:__: ....._ ¯ ¯.,: ...... _. ~ 1~ :__,..._ drainage system to be connected to "--:-- "-,~,o,,,o, .., ~,,,,=, a storm sewer, dry well or canal, or a one-half-inch per ten-foot slope on a patio slab with pitch away from the house may be used in lieu thereof. In all cases, provision must be made to prevent surface water from entering any home or occupied structure prior to positive discharge. Sec. 86-193. Water supply. (a) The potable water supply to any swimming pool shall installed as required in the Florida building code or AWWA standards. If the public water supply is used, an atmospheric break of at least four inches must be provided. (B) Unless an approved type of filling system is installed, such required by the Florida building code or AWWA, any source of water which may be used to fill the pool shall be equipped with backflow protection. Sec. 86-227. Location of pool to building foundation. (a) For the purposes of this article, a building foundation shall defined as the perimeter footing of any building and shall not include a patio -4- area constructed of permanent materials or concrete pads or bases supporting porch uprights. (ab) Swimming pools shall be constructed or located no closer than five feet to any building foundation with side yards as required by chapter 118 for that district or 25 feet to any street line or ten feet to a rear property line. However, for corner lots in subdivisions in existence at the time of adoption of the ordinance from which this article derives, the pool front yard setback shall be 25 feet and the pool setback from the additional street frontage shall be 15 feet. The building official may authorize a reduction in the five foot building foundation requirement when an engineered shorinq plan is submitted to protect the building structure. (b_c) The rear yard setback for swimming pools shall be measured from the rear property line; however, if a dedicated five-foot walkway shall abut the property line, the measurement for the rear yard setback shall be made from the nonabutting line of the dedicated walkway. All setback measurements shall be from the edge of the water to be contained in the swimming pool. DIVISION 5. PRIVATE PORTABLE POOLS. Sec. 86-252. Permit required; fee. No person shall construct, cause to be constructed or assemble a private portable swimming pool without first obtaining a building permit. Application for the permit shall be made the building official and shall be accompanied by payment of a fee, on fi~ in t,~ clty cl~k’s off~c~ and by drawings and general diagrams showing all parts of the pool, together with the pool completely assembled, certified by a competent engineer in the state that the materials contained in the prefabricated pool kit, when such are fully assembled, shall meet all the requirements of the expected forces to which it will be subjected. SECTION 3: The provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Palm Beach Gardens, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. -5- SECTION 4: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall become effective immediately upon adoption. ’~ OF~o PLACED ON FIRST READING THIS ,,2~ DAY ~ ~,.,,,t2001. PLACED ON SECOND READING THIS __ DAY OF ,2002. PASSED AND ADOPTED THIS DAY OF ,2002. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTESTED BY:APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK P:\CPWin\HISTORY~010911A\43F.B9(319.062)lgr-doc115 -6- M E M O R A N D U M WA’FI’ERSON, HYLAND & KLETT, P.A. To: CO: From: Subject: File No: Date: Charles Wu, Growth Management Director Jack Hanson, Building Official Leonard G. Rubin, City Attorne~_~ Swimming Pool Code Revisions 319.058 October 1, 2001 In accordance with Jack Hanson’s memorandum dated September 25, 2001, attached please find draft Ordinance No. 38, 2001, incorporating all of the changes suggested by the Building Department. Please have your staff review the Ordinance to ensure that it correctly identifies each of the revisions. Once such review is completed, please prepare a staff report for placement on the City Council agenda. Should you have any questions relative to the foregoing, please do not hesitate to contact me. P:\CPWin\HISTORY~010928A\443.398(319.058)920 CITY OF PALM BEACH GARDENS GROWTH MANAGEMENT DEPARTMENT/BUILDING DIVISION DATE: TO: FROM: RE: September 25, 2001 Charles Wu- Growth Management Dffector Jack Hanson- Building Offl’~ ,¢,I-4U--~~" Swimming Pool Ordinance- Revisions A recent court case and new technology has demonstrated the need to rework our swimming pool codes ( Article V- Chapter 86). Some of the revisions amount to nothing more than "housekeeping" while others serve to embrace new materials and methods and eliminate the old. We also need to codify legal interpretations and findings or at least to clarify language and intent. I have enclosed a marked-up copy of the existing code that sho~vs the various changes as I view them. I have also solicited the input of the building division staff in this regard. I will make myself available to discuss this project at your convenience. CC:Ron Ferris- City Manager Len Rubin~ City Attorney File CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 17, 2002 Date Prepared: December 27, 2001 SUBJECT/AGENDA ITEM Public Hearing and First Reading for Ordinance 4, 2002: A City-initiated request to adopt text amendments to the City’s Transportation Element of the comprehensive plan incorporating the modified, Constrained Roadway at Lower Level of Service (CRALLS) standards for seven roadway segments and one intersection of PGA Boulevard (Blvd.). RECOMMENDATION Staff recommends approval of Ordinance 4, 2002. Reviewed by~.~-~ City Atto rn ey ~_~_.(EX-,,/ Finance NA ACM Human Res. NA Other NA ~ ~l~l~Gl~owt h- M a r~ :g e~m~ n~to r Originating Dept.: Growth Management Advertised: Date: 1/9/2002 Paper: Palm Beach Post [X] Required Affected parties [X] Not Required Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Ordinance 4, 2002 ¯ Exhibit A ¯ Settlement Agreement ¯ County Letter [ ] None City Council Meeting Date: January 17, 2002 Date Prepared: December 27, 2001 Petition: TXT-02-01 BACKGROUND The subject amendments were transmitted to the Florida Department of Community Affairs (DCA) on December 18, 2000, after the City Council held a transmittal hearing (First Reading) on December 5, 2000, and approved transmitting the CRALLS and other amendments to DCA. However, the City did not adopt the amendments because DCA raised objections to and found the amendments transmitted and adopted by the County on the City’s behalf to be "Not In Compliance" on January 29, 2001. Since then, the County and DCA have signed a Stipulated Settlement Agreement, which was approved by the Palm Beach County Board of County Commissioners (PBCBCC) November 29, 2001. The agreement specifies that the County must adopt a remedial amendment within 60 days following approval of the agreement by the PBCBCC. The remedial actions consist of the following: The CRALLS designation is to be used exclusively for the purpose of granting concurrency for properties that are the subject of the Forbearance Agreement entered into by the City and the owners of those properties. 2.Those properties must develop at densities/intensities no greater than those specified in the Forbearance Agreement. = Prior to issuance of any development order, all needed funds for the construction of roads within the City Center Linkages Plan associated with any project seeking approval from the City must "irrevocably be pledged to ensure construction is commenced as required by the County Engineer." = The City must ensure that all those elements of the City Center Linkages Plan needed for any particular project are constructed prior to issuance of any certificate of occupancy for that project. = The County must adopt mitigation criteria to be used for the evaluation and approval of future CRALLS amendments. The County is required to adopt such criteria into its Comprehensive Plan during the first round of amendments for the year 2002. = The County must conduct and submit an application for an interchange justification report for an interchange at 1-95 and Central Blvd. This is to be done no later than June 30, 2002. The County is required to fund 50% of the study for the interchange. PALM BEACH COUNTY CONDITIONS FOR CRALLS The County would revisit the CRALLS designation for PGA Blvd. if the City failed to do the following: City Council Meeting Date: January 17, 2002 Date Prepared: December 27, 2001 Petition: TXT-02-01 1.Adopt the City Center Linkages Plan into the City’s Comprehensive Plan byApri130, 2001. 2.Provide the County’s Planning Director a report by March 1st of each year beginning in year 2002 demonstrating, concurrent with development approvals, the following: a. The City is requiring the construction of roads designated on the City Center Linkages Plan. b. The City has completed a feasibility study of a fixed-route bus transit service to circulate within the City Center. c. Completion of Hood Road extension from Alternate A-1-A to Prosperity Farms Road by the year 2003. d. Construction to widen Burns Road to four lanes from Military Trail to Prosperity Farms Road has commenced. The City adopted the City Center Linkages Plan on November 30, 2000, and incorporated it into the comprehensive plan on May 3, 2001. The construction of both the Hood Road extension and widening of Burns Road are expected to begin in year 2002. LOCAL PLANNING AGENCY RECOMMENDATION The Local Planning Agency recommended approval of the proposed CRALLS amendments to the City’s Comprehensive Plan on October 24, 2000. The vote was 5-0. STAFF RECOMMENDATION Staff recommends approval of the proposed CRALLS amendments to the City’s Comprehensive Plan in order to facilitate review and development of projects subject to the Forbearance Agreement. G:Talal/TXT-02-01-strl-cc ORDINANCE 4, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BASED ON THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY AND STAFF; PROVIDING FOR ADOPTION; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CODIFICATION IN THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, proposed text amendments to the Transportation Element of the City’s Comprehensive Plan have been prepared and reviewed by City Staff, who have determined that they meet all criteria set forth in Section 163.3184, Florida Statutes; and WHEREAS, on October 24, 2000, the Planning and Zoning Commission, the duly constituted Local Planning Agency for the City, conducted a public hearing and recommended approval and adoption of the subject amendments to the City’s Comprehensive Plan; and WHEREAS, the City has received public input and participation through public hearings before both the Local Planning Agency and the City Council, in accordance with Section 163.3181, Florida Statutes; and WHEREAS, the City Council determines that the adoption of the text amendments to the City’s Comprehensive Plan is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Comprehensive Plan of the City is hereby amended as set forth in Exhibit A (as attached hereto and adopted by reference). Section 2. The Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and other government agencies or departments in accordance with Section 163.3184(7) of the Florida Statutes and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. Date Prepared: December 31,2001 Ordinance 4, 2002 Section 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or work thereof be declared by any court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 5. The effective date of this ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the subject amendments in compliance, in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS DAY OF ,2002. DAY OF ,2002. DAY OF ,2002. JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMEBER CARL SABATELLO, COUNCIL MEMBER ATTEST: CAROL GOLD, MMC, CITY CLERK BY: Date Prepared: December 31,2001 Ordinance 4, 2002 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY VOTE:- MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO AYE NAY ABSENT G:Talal~Txt-02-01-ord4 Exhibit A TABLE 2A: LEVEL OF SERVICE STANDARDS Facility Type Neighborhood Collector City Collector Non-FIHS roads that are part of the County Thoroughfare Plan: Peak Hour Level of Service Standard D D County Minor Arterial State Minor Arterial State Principal Arterial FIHS roads Beeline Highway (Northlake Blvd to CR711) D E D D C T A~ widened & Bums can be g~ ’~f~l 1 ~1 ~ TRANSPORTATION 6/98 EAR Based Amendments 2-3 Ordinance 4, 1998 Exhibit A Excepted Links: Roadway Segments Proposed LOS Proposed Daily Traffic Volumes Based on CRALLS Daily Traffic Volumes Based on Adopted LOS State Principal Arterial: PGA Blvd. U.S. 1 - Prosperity Farms Rd Prosperi .ty Farms Rd - Fairchild Gardens Av. Fairchild Gardens Av. - Alternate A-1-A Altemate A-1-A - RCA Blvd. RCA Blvd. - 1-95 1-95 - Militar~ Trail Military. Trail - Central Blvd. Central Blvd. - Florida Tumpike CRALLS CRALLS CRALLS CRALLS CRALLS GR.ALLS CRALLS 50,200 54,283 59,636 68,055 67,674 50,780 50,738 51,177 55,200 55,200 55,200 55,200 48,900 48,900 48,900 Blvd. I 95 1 City Collector: Burns Road 1-95 - Military Trail F Intersections:Militar~ Trail and PGA Blvd.1,800 2-4 December 14, 2001 Department of Planning, Zoning & Building 100 Australian Avenue West Palm Beach, FL 33406 (561) 233-5000 Planning Division 233-5300 Zoning Division 233-5200 Building Division 233-5100 Code Enforcement 233-5500 Contractor’s Certification 233-5525 Administration Office 233-5005 Executive Office 233-5003 www.pbcgov.com/pzb Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Butt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" ~ printed on recycled pa;er Charles Wu, Director of Growth management City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE:ADOPTION OF 00-2 COMPLIANCE AGREEMENT AMENDMENT - PGA BOULEVARD CRALLS Dear Mr. V~~ The Board of County Commissioners has recently adopted an amendment to resolve the Florida Department of Community Affair’s (DCA) finding of non- compliance of the County’s Plan Amendment 00-2 (PGA Boulevard CRALLS) adopted by Ordinance 2000-061. This amendment was pursuant to the Stipulated Settlement Agreement between Palm Beach County and the Florida Department of Community Affairs (DCA) which was approved by the Board of County Commissioners on November 29, 2001. Enclosed with this letter are the executed ordinance adopting the amendment, a copy of the staff report and a copy of the revised comprehensive plan pages that contain the newly adopted plan language. If you have any questions regarding the amendments or the amendment package, pl .=a)e contact me at (561) 233-5373, or Khurshid Mohyuddin at (561) 233-5351. II Flank M. Duke, AICP Planning Director CC: D. Ray Eubanks, Florida Department of Community Affairs Bob Banks, Assistant County Attorney Maria Bello, Principal Planner Khurshid Mohyuddin, Senior Planner Susan Miller, AICP, Senior Planner T:\PLANNING~AMEN D\ROU ND00.2\REPORTS\SE-VI-LEMENTADOP~DCA.LE~EF~I~D ...... ~’~tii(... ,~x.~/ .--..,~ %¯ ~.. ~, December14,2001 Department of Planning, Zoning & Building 100 Australian Avenue West Palm Beach, FL 33406 (561) 233-5000 Planning Division 233-5300 Zoning Division 233-5200 Building Division 233-5100 Code Enforcement 233-5500 Contractor’s Certification 233-5525 Administration Office 233-5005 Executive Office 233-5003 www.pbcgov.com/pzb Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addie L. Greene County Administrator Robert , "-:,’ ~ printed on recycled paper Mr. D. Ray Eubanks, Planning Manager Florida Department of Community Affairs Bureau of Local Planning, Plan Processing Team 2740 Centerview Drive, Room 252 Tallahassee, Florida 32399-2100 RE:ADOPTION OF 00-2 COMPLIANCE AGREEMENT AMENDMENT- PGA BOULEVARD CRALLS Dear Mr. Eubanks: Palm Beach County is pleased to submit the enclosed amendment to the County’s Comprehensive Plan, adopted after a duly noticed public hearing held on December 5, 2001, pursuant to the requirements of Chapter 9J-11.0131(2)(a), (b), and (c). amendment resolves the Department’s finding of non-compliance of the County’s Plan Amendment 00-2 (PGA Boulevard CRALLS) as adopted by Ordinance 2000- 061, pursuant to the Stipulated Settlement Agreement between Palm Beach County and the Florida Department of Community Affairs (DCA) approved by the Board County Commissioners on November 29, 2001. Enclosed with this letter are the executed ordinance adopting the amendment, three copies of the staff report and one copy of the revised comprehensive plan.pages that contain the newly adopted plan language. Consistent with the requirements of 9J- 11.0131(3), a copy of the amendment is also being sent to the Treasure Coast Regional Planning Council. Attached to this letter is a typed list of the citizens (those providing contact information) who indicated on the Comprehensive Plan Citizen Courtesy Information List at the Public Hearing that they wished to receive further information. Upon receipt of this comprehensive plan amendment, should the Department determine that any appropriate documentation is missing, please contact: Khurshid Mohyuddin, Senior Planner Planning Division 100 Australian Avenue West Palm Beach, Flodda 33406 Phone (561) 233-5351 The Palm Beach County Board of County Commissioners looks forward to the issuance of a Notice of Intent, finding this amendment in compliance. I~rank M. Duke, AICP Planning Director Michael Busha, TCRPC The Honorable Commissioner Newell. Chair Bob Weisman, County Administrator Verdenia Baker, Deputy County Administrator Bob Banks, Assistant County Attorney Phyllis House, Minutes T:~PLAN NING~AMEN D\ROUND00-2\REPORTS\SETFLE MENTADOP’RDCA-LETTER.WPD Internal Distribution: Barbara AIterman, Esq. PZ&B Executive Director William C. Whiteford, AICP, Zoning Director Kathleen Girard, Principal Planner Mada Bello, Principal Planner Khurshid Mohyuddin, Senior Planner Susan Miller, AICP, Senior Planner 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 42 43 ORDINANCE NO. 2001 - 069 ~/q ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AMENDING THE 1989 COMPREHENSIVE PLAN AS ADOPTED BY ORDINANCE NO. 89- 17, AS AMENDED; PROVIDING FOR AMENDMENTS AGREED TO BETWEEN PALM BEACH COUNTY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN A STIPULATED SETTLEMENT AGREEMENT; MODIFYING THE TRANSPORTATION ELEMENT (TO DESIGNATE SEGMENTS AND AN INTERSECTION OF PGA BOIrLEVARD AS A CONSTRAINED ROADWAY AT LOWER LEVEL OF SERVICE FACILITY); AND AMENDING ALL ELEMENTS AS NECESSARY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE 1989 COMPREHENSIVE PL7%N; AND PROVIDING FOR AN EFFECTIVE DATE W~4EREAS, on August 31, 1989, the Palm Beach County Board of County Commissioners adopted the 1989 Comprehensive Plan by Ordinance No. 89-17; and ~EREAS, the Palm Beach County Board of County Commissioners amends the 1989 Comprehensive Plan as provided by.Chapter 163, Part If, Florida Statutes; and WI{EREAS, Palm Beach County adopted an amendment to the Comprehensive Plan on December 6, 2001 in Ordinance No. 2000-061; and 9~4EREAS, the Department of Community Affairs issued a statement of intent to find the Comprehensive Plan amendment in Ordinance 2000-061 Not in Compliance on January 29, 2001; and W~EREAS, the Palm Beach County Board of County Commissioners approved a stipulated settlement agreement with the Department of Community Affairs on November 29, 2001 which identifies a remedial amendment to be enacted by Palm Beach County within 60 days following approval of the stipulated settlement agreement; and WHEREAS, in the Stipulated Settlement Agreement, the Department of Community Affairs agreed that if the adopted remedial plan amendment satisfies the agreement, the Department will issue a notice of intent addressing the stipulated settlement agreement amendment as being in com~liance; and W~EREAS, Exhibit B to the Stipulated Settlement Agreement set forth the remedial amendment which Palm Beach County and the Department of Community Affairs agreed would bring the Palm Beach County Comprehensive Plan into compliance; and WHEREAS, the Palm Beach County Board of County Commissioners, as the governing body of Palm Beach County, conducted a single public hearing as :.1 2 3 6 7 8 9 10 I1 12 13 14 15 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 provided in section !63.3!84(16) (d), Fla. Stat. (3.993) on December 2001 to consider adoptien of the Comprehensive Plan amendment consistent with the terms of the stipulated settlement agreement approved on November 29, 2001; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: Part I. Amendments to the 1989 Comprehensive Plan An amendment to the text of the following Element of the 1989 Comprehensive Plan is hereby adopted and attached to this Ordinance in .Exhibit i: A-Transportation Element, to designate segments and an intersection of PGA Boulevard as a Constrained Roadway at Lower Level of Service facility; and B. Amending all elements as necessary for internal consistency. Part II. Repeal of Laws in Conflict All local laws and ordinances applying to the unincorporated area of Palm Beach County in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. Part III. Severability If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by the Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Part IV. Inclusion in the 1989 Comprehensive Plan The provision of this Ordinance shall become and be made a part of the 1989 Palm Beach County Comprehensive Plan. The Sections of the Ordinance may be renumbered orrelettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Part V. Effective Date -The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs er Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida statutes, whichever occurs earlier. No development orders, development pe_.~rits, or" land uses dependent on this amendment may be issued o~ commence before it has become effective. If a final order 5 6 7 .9 of noncompl±ance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolutions shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee, Flori0a 32399-2100. APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County, on the 5 dmy of December , 2001. ATTEST:~ALM BEACH COUNTY, FLORIDA, 10 DOROTHY H. WILKEN, Clerk BY ITS ~OARD OF COU.~TY COMMISSIONERS 121!_~_._~.,~ ~. _~, .... ............. ,,~,,,i /~/I_/A‘A 16 0 AS TD FO~L£FIC 2i Filed with the Department of State on the day 22 23 of , 200~. 24 EXHIBIT 1 Transportation Element, PGA Boulevard Constrained Roadway at Lower Level of Service (CRALLS) Ao REVISIONS:To designate segments and an intersection of P.GA Boulevard as a Constrained Roadway at Lower Level of Service facility. The added text is shown as underlined. Policy 1.2-f: The Palm Beach County Board of County Commissioners finds the following facilities are constrained facilities and development orders shall be evaluated using the specific level of service standards identified herein instead of the Policy 1.1-b general level of service standards. (Unchanged text omitted for brevity) PGA Boulevard, from the Ronald Reagan Turnpike to Prosperity Farms Road, and the intersection of PGA Boulevard and Military Trail are hereby designated as Constrained Roadways at Lower Level of Service (CRALLS) facilities exclusively for the purpose concurrency for properties which were the subject of a forbearance agreement with the City of Palm Beach Gardens dated April 15, 1999 and are developinq at densities and/or intensities no qreater than those provided for in that forbearance aqreement. All concurrency certificates issued by Palm Beach County utilizing this CRALLS shall be conditioned to require that: 1) prior to any development order for any project seeking to utilize this CRALLS, the funds for design, acquisition, and construction of all roads in the City Center Linkages Plan associated with the project, shall irrevocably be pledged to ensure construction is commenced as required by the County Engineer; and 2) the City of Palm Beach Gardens development order approvals ensure that all those elements of the City Center Linkages Plan, as approved by the City of Palm Beach Gardens, which are associated with a particular project, are constructed prior to issuance of any certificate of occupancy within that project. b) c) d) e) g) PGA Boulevard from Ronald Reagan Turnpike to Central Boulevard Daily Level of Service Standard 51,177 vehicles per day Peak Hour Level of Service Standard 4,759 vehicles per hour Test 2 Volume 53,000 vehicles per day PGA Boulevard from Central Boulevard to Military Trail Daily Level of Service Standard 50,738 vehicles per day Peak Hour Level of Service Standard 4,719 vehicles per hour PGA Boulevard from Military Trail to 1-95 Daily Level of Service Standard Peak Hour Level of Service Standard PGA Boulevard from 1-95 to RCA Boulevard Daily Level of Service Standard Peak Hour Level of Service Standard Test 2 Volume 50,780 vehicles per day 5,513 vehicles per hour h) 67,674 vehicles per day 7,084 vehicles per hour 68,000 vehicles per day PGA Boulevard from RCA Boulevard to Alternate A1A Daily Level of Service Standard 68,055 vehicles per day Peak Hour Level of Service Standard 7,120 vehicles per hour Test 2 Volume 60,000 vehicles per day PGA Boulevard from Alternate A1A to Fairchild Gardens Avenue Daily Level of Service Standard 59,636 vehicles per day Peak Hour Level of Service Standard 5,825 vehicles per hour PGA Boulevard from Fairchild Gardens Avenue to Prosperity Farms Road Daily Level of Service Standard 54,283 vehicles per day Peak Hour Level of Service Standard 5,327 vehicles per hour Intersection of PGA Boulevard and Military Trail Critical Volume of 1,800 The CRALLS designation on the above will be revisited if the City of Palm Beach Gardens: 1) fails to adopt the City Center Linkages Plan dated November 1999 into the City’s Comprehensive Plan by April 30, 2001 or 2)fails to provide the County’s Planning Director Exhibit 1 4 PGA Boulevard CRALLS report by March 1st of each year beginning in year 2002 shewing that concurrent with the development approvals, the City: a) is requiring the construction of the City Center Linkages Plan dated November 1999; b) has completed an evaluation of the feasibility of a fixed-route bus transit service to circulate within the City Center; c) has completed the construction of the Hood Road extension from Alternate A1A to Prosperity Farms Road by the year 2003; and d) has commenced construction to widen Bums Road to four lanes from Military Trail to Prosperity Farms Road. i)The level of service standards for PGA Boulevard between Prosperity Farms Road and United States Highway 1 will be: 1)Test One - 50,200 trips on an ADT basis and 4,830 ~rips on a peak hour basis; 2)Alternate Test One - 2,990 trips on a peak hour peak direction basis, and an intersection cdtical volume of 1,500; 3)Test Two - 56,700 trips on an ADT basis. Exhibit 1 5 PGA Boulevard CRALLS FLORIDA COUNTY-ORDINANCE DATA RETRIEVAL SYSTEM Instn~ons: Florida’s Dep~tment of State, Bureau of Admlnlstr:tive Code has developed the County Ordinance Dst~ Rat81eval ~stem (~DRS) ~ ta~ll~te ~ac~ng of Coun~ ordl~nces In ~ofl~’s ~- Co~e~ CODRS’ ~s~ ba~e Is composed of ~or ~,~ coun~ ordinances enacted since 1974. We request your cooperaUon In comploUng ~s codingfo~. It Is to ~e completed ~enever your counW enacm s new ordinance. Simply complete ~ls fo~ and Include ~ ~ ~sr pennant ordinance I~omsUon ~st Is subml~ed to ~e Bureau of AdministraUvb Code. To code ~ls fo~ properly, please refer to ~e ~e~elds" descrlpUon sheet ~at has been given to your Coun~ A~omey’s ~lce. ff you do not have ~ls sheet plea.e con~ct the Bureau. We ~11 be h:ppy to/~’one to you fo r referencing pu~oa~s. Please fill out ~is fo~ as completely as Is p~,lble. Thank you for your a~ls~nce, Should you naed fu~ef a,ls~nce please con~ ¯ e Bureau of AOml~sVaUve Coda, Depa~e~ ~ ~te at (9~)~27 Suncom 2~27. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FILE COPY STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS VS. Petitioner, ¯ PALM BEACH COUNTY, Responcient aad COMMUNITIES FINANCE COMPANY, L.L.C. Intervenor DOAH Case No. 01-0529GM STIPULATED SETTLEMENT AGREEMENT TH]S STIPULATED SETTLEMENT AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, the Board of County Commissions of Palm Beach County and Communities Finance Company, L~L.C:asa complete and final settlement of all claims raised in the above-styled proce, eding. WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, Palm Beach County (Local Government) is a local government with the duty Page 1 of 11 adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Local Government adopted Comprehensive Plan Amendment~ 00’2 by Ordinance 2000-061 on or about December 6, 2000; and WHEREAS, Communities Finance Company, L.L.C. a Delaware limited liability company was granted permission to intervene on February 23, 2001; and WHEREAS, the Plan Amendment proposes the adoption of a Comtrained Roadway at a Lower Level of Service (CRALLS) designation for PGA Boulevard from the Florida Turnpike (Ronald Reagan Turnpike) to Prosperity Farms Road, including the intersection of POA Boulevard and Military Trail; and WHEREAS, the Department issued its Statement and Notice of Intent regarding the Amendment on or about January 31, 2001; and WHEREAS, as set forth in the Statement of Intent, the Department contends that the Amendment is not "in compliance" because the Department objected to the proposed CRALLS facilities designations were not supported by data and analysis sufficient to determine if the proposed traffic volumes, and the resultant queues at the-ramps at the Turnpike and Interstate 95 interchanges will result in interference with the through traffic on these Florida Interstate Highway System Facilities. Additionally, the Department noted that the data and analyses submitted to the Department by the County in response to the Department’s ORC indicates that the CRALLS designation will affect the level of service designated by the Florida Department of Transportation for 1-95; will adversely impact ramp queuing on 1-95; and that there will be significant queuing on the north leg of the Turnpike and PGA Boulevard interchange (Turnpike exit). Therefore, the Amendment was inconsistent with the requirements of Section 163.3177, F.S. The Plan was not in Page 2 of 11 compliance as defined in Sections 163.3184(1)(b), Section 163.3180 and Section 163.3191, F. S, Rules 9J-5., F. A.C and the State Comprehensive Plan. WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the above- styled formal administrative proceeding challenging the Amendment; and WHEREAS, the Local Government disputes the allegations of the Statement of Intent regarding the Amendment; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so; NOW, THEREFORE, in consideration of the mutual covenants and promises herein below set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufticiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS 1.Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a.. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part lI, Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive plan amendment 00-02 adopted by the Local Government Ordinance 2000-061. d. DOAH: The Florida Division of AdministrativeHearings. e. In compliance or into compliance: The meaning set forth in Section Page 3 of 11 163.3184(1)(o), Florida Statutes. f.Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. g.Petitiom The petition for administrative hearing and relief filed by the Department in this case. h.Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan amendment into compliance. i.Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this Agreement or be othexwise acceptable to the Department. j.. Statement of Intent: The statement of intent to find the Plan Amendment not in compliance issued by the Department in this case: k.Support Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2.Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. Page 4 of 11 3. Negotiation of Agreement.. The Department issued its Notice and Statement of Intent to fred the Plan Amendment not in compliance, and filed the Petition in this case to that effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the issues in the Petition, Notice and Statement of Intent through this AgreemenL It is the intent of this Agreement to resolve fully all issues between the parties in this proceeding. 4. Dismissal. If the Local Government completes the Remedial Actions required by this Agreement, the Department will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The Department will file the cumulative Notice of Intent with the DOAH. The Department will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(0, Florida Statutes. :5.Description of Provisions not in Compliance and Remedial Actions; Legal Effect of .Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance. Exhibits A and B are incorporated in this Agreement by this reference. This Agreement constitutes a Remedial Actions are accomplished, the Plan Amendment will be instipulation that if the compliance. 6.Additional Provisions. The Local ~3ovemment further agrees to the following: a.Create and adopt mitigation criteria to be utilized for the evaluation and approval of future CRALLS amendments. These criteria shall be adopted in the Round 02-01 Amendment to the Comprehensive Plan. These criteria shall address ways to improve mobility in the corridor which is the subject of a CRALLS amendment. Page 5 of 11 b. The County shall be the applicant for an Interchange Justification Report for an interchange at 1-95 and Central Boulevard. c.The County shall prepare the report in accordance with the FDOT and FHWA guidelines, and shall retain a consultant for this task no later than June 30, 2002. d. The County shall fund 50% of the I JR. Their portion of the funding shall not exceed $175,000, provided FDOT agrees to fund the other 50% of the IJR. e. DCA agrees to request FDOT address the operational issues at PGA Boulevard at Florida’s Turnpike interchange by conducting an operational study. Improvements should be identified that will improve the capacity of Florida’s Turnpike interchange and PGA Boulevard, and if determined to be cost-effective, should be funded in a timely fashion. If additional right of way is required, it should be identified as soon as possible and coordinated with the affected local governments. 7.Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 8.Adoption or Approval of Remedial Plan Amendments.. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single a~loption hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local Government shall transmit 5 copies of the amendment to the Department as provided in Rule 9J-I 1.011(5), Florida Administrative Code. The Local Government also shall Page 6 of 11 submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to any party granted intervenor status in this proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 9. Acknowledgment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 10. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days aRer receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in accordance with this Agreement. a.In Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment and the Remedial Plan Amendment as being in compliance. The Department shall file this cumulative notice with DOAH and shall move to realign the parties or to have this proceeding dismissed, as may be appropriate. b. Not in Compliance: If the Remedial Actions do not satisfy this Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in compliance and shall forward the notice to DOAH for consolidation with the pending proceeding. 11. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the ~equency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. Page 7 of 11 12. " Purpose ofthis Agreement; Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 13. Approval by Governing Body. This Agreement has been approved by the Local Government’s governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.3184(15)(c), Florida Statutes. This Agreement has been executed by the appropriat6 officer provided in the Local Government’s charter or other regulations. 14. Changes in Law. Nothing in this Agreement shall be construed to relieve either party 1~om adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 15. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 16. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above-captioned case and this Agreement. 17. Effective Date. This Agreement shall become effective immediately upon execution Page 8 of 11 by the Department and the Local Government. 18. Filing and Continuance. This Agreement shall be filed ~ith DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)Co), Florida Statutes. 19. Retention of Right to Final Hearing. Both parties hereby retain the right to have a fmal hearing in this procedling in the event of a breach of this Agreement, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 20. Construction of Agreement. All parties to this-Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties draRed the provision in question. 21. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 22. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 23. Multiple Originals.- This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 24. Captions. The captions inserted in this Agreement are for the purpose ofconvenience Page 9 of 11 only and shall not be utilized to construe or interpret any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS By: J. Thomas Beck, Director Division of Community Planning Approved as to form and legality: Assistant General Counsel Date Date ATTEST: Dorothy H. Wilken, Clerk By: Deputy Clerk Approved p to For~ ~ Co6nty Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: W?..n H. Newel1, Chairman Page 10 of 11 COM~ FINANCE COMPANY, LLC. By: Signature Printed or Typed Name Title Date Approved as to Form and Legal Sufficiency Thomas G. Pelham, Esq. - Page 11 of I I STATE OF FLOI~IDA DEPARTMEHT OF COMMUNITY AFFAIRS IN RE: PALM BEACH COUNTY COMPREHENSIVE PLAN AMENDMENT ADOPTED’BY ORDINANCE NO. 2000-061 ON DECEMBER 6, 2000 DOCKET NO. 00-2-NOI-5001-(A)-(N) STATEMENT OF INTENT TO FIND COMPREHENSIVE pLAN AMENDMENT. - -NOT IN COMPLIANCE The Florida Department of Community Affairs hereby issues its Statement of Intent to ¯ find the Comprehensive Plan Amendment of Palm Beach County, adopted by’Ordinance No. 2000-061 on December 6, 2000, Not In Compliance based upon the Objections, Recommendations and Comments Report (ORC Report) issued by the Department September 29, 2000, which is hereby incorporated by. reference: The Department finds that the plan amendment is not "in compliance," as defined in Section 163:3184(1)(b), and Section 163.3180, Florida Statutes (F.S.), because it is not consistent with Section 163.3177, F.S., the State Comprehensive Plan, ~d Chapter 9ff-5, Florida Administrative Code (F.A.C.), for the following reasons: I..Transportation Element A. |nc..onsistent provision. The inconsistent revisions- of the plan amendment under this subject is as follows: I. The County submitted Ordinance 2000-061 in its Comprehcns’ive Plan Amendment 00-2. The Ordinance amends the County’s TransportationElement to designate seven segments of PGA Boulevard between the Florida Turnpike (Ronald Reagan Turnpike) and Prosperity Farms Road, including the intersection oLPOA Boulevard and Military Trail, as a Constrained Roadway at a Lower Level of Service (CRALL$) facility.. This CRALLS facility has been designated exclusively for the purpose of concurrency review of certain projects that entered into a forbearance agreement with the City of Palm Beach Gardens on April 15, 1999. That Agreement provides for density and intensity reductions and commitments to construct certain road improvements. The County is also proposing a revision to Policy 1.2-c and relocating language t6 Policy 1.2-f of its Transportation Element to establish volumes permitted on each of the subject segments of PGA Boulevard. The total length of the newly designated segments is appro~_i~ately 3,6 miles. On ~September 29, 2000, the Department issued its Objection, Recommendations and Comments (ORC) for Amendment Package 00-2. In its ORC, the Depaxtment objected to the designation on the basis that the proposal was not supported by data and analysis sufficient to. determine if the proposed traffic volumes, an~i the resultant queues at the rar~ps at the Turnpike and Interstate 95 interchanges will result ~ interference with the ~-ough tra~tic on these Florida Interstate Highway System Facilities. The data and analyses submitted to the Department by the County in response tothe Department’s ORC indicates that the CRALLS designation will affect the level of service designated by the Florida Department of Transportation for 1-95; will adversely impact ramp queuing on 1-95; and Sat there will be significant queuing on the north leg of the Turnpike and POA Boulevard interchange (Turnpike exit).. Therefore, the Amendment is inconsistent with Sections 163.3177(6)(j)8. 163.3180(10), F.S., and Rules 9:I-$.005(2)(a); $.006(3)(c)3; 9:I-5.019(3)(b), (d), (t), (h) & (j); and 93-5.019(4)(c)1., B. ]Recommended.remedial action. This inconsistency may be remedied by .taking the following action:.. 1. The County should, in conjunction with the Florida Department of Transportation, provide measures to mitigate the expected impacts of the CRALLS designation on the ramps and interchanges of PGA Boulevard and both the Florida Turnpike and Interstate 95. In the alternative, the County should rescind the CRALLS designation contained within Ordinance No. 2000-061. II.CONSISTENCY WITH STATE COMPREHENSIVE PLAN : A. ][nconsistent provisions. The inconsistent provisions of the plan amendment under taking the actions described above in Section I.B. CONCLUSIONS The plan amendment is not consistent with the State Comprehensive Plan. The plan amendment is not consistent with (~haptcr 91-5, F.A.C. The plan amendment is not consistent with the requirements of Section 163.3177, Florida S~tutes. 4. The plan amendment is not "in compliance," as defined in Section--163.3184(1)Co), Section 163.3180, and Section 163.3191, Florida Statutes. 5.In order to bring the plan _~mcndmcnt into compliance, theCounty may complete .the this subject heading are as follows: I. The hdopted comprehensive plan amendment is inconsistent with the State Comprehensive Plan, including the following provisions (Rule 91-5.021, F.A.C.): a. Goal 16 (Land Use): Policy I, Section 187.201(16), #,° b. Goal 20 (Transportation): Policies 2., 3., 9.a~d 13., Section 187.201(20), B. ~Recommendcd remedial actions. These inconsistencies may be remedied by recomrnended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this ~)’~ay of January, 2001, at Tallahassec, Florida. Division of Community Planning Department of Community Affairs 2.~$$ Shumaz’d Oak Boulevard Tallahassee, Florida 32399-2100 ¯ EXHIBIT B Transportation Element, PGA Boulevard Constrained Roadway at Lower Level of Service (CRALLS) REVISIONS:To revise language of Policy 1.2-c and to move it under Policy 1.2-f modifying and expanding the PGA Boulevard CRALLS. The deleted and added text is shown in etrikeo~ and underlined. The added text for the settlement agreement is shown in double underlined. Policy 1.2-f: The Palm Beach .County Board of County Commissioners finds the following facilities are constrained facilities and development orders shall be evaluated using the specific level of service standards identified herein instead of the Policy 1.1-b general level of service standards. (Unchanged text omitted for brevity) ,18)PGA Boulevard, from the Ronald Reagan Turnpike to Prosperity Farms Road, and the intersection of PGA Boulevard and Military Trail are hereby designated as Constrained Roadways at Lower Level .of Service (CRALLS) facilities exclusively for the purpose of concurrency for properties which Were the subject of a forbearance agreement with the City of Palm Beach Gardens dated April 15, 1999 and are developing at densities and/or..inter~s.ities no greater than those provided ~or in that forbearance agreement. All concurrency certifiCates issued b¥/Paim Beach County utilizing this CRALLS shall be conditioned to require that; 1) pdor to any development order for any proiect seeking to utilize this CRALLS, the funds for design, acquisition, and construction of all roads in the City Center Linkages Plan associated with the project, shall irrevocably be pledged to ensure construction is commenced as required by the County Engineer, and 2) the City of Palm Beach Gardens development order approvals ensure that all those elements of the City Center Linkages Plan, as approved by the City of PalmBeach Gardens, which are associated with a particular proiect, are constructed prior to issuance of any certificate of occupancy within that project. PGA Boulevard from Ronald Reagan Turnpike to Central Boulevard Daily Level of Service Standard 51.,177 vehicles per day Peak Hour Level of Service Standard 4,759 vehicles per hour Test 2 Volume 53,000 vehicles per day PGA Boulevard from Central Boulevard to Military Trail Daily Level of Service Standard 50,738 vehicles per day Peak Hour Level of Service Standard " 4,719 vehicles per hour PGA Boulevard from Military Trail to 1-95 Daily Level of Service Standard Peak Hour Level of Service Standard 50,780 vehicles per day 5,513 vehicles per hour PGA Boulevard from !-95 to RCA Boulevard Daily Level of Service Standard Peak Hour Level of Service Standard Test 2 Volume 67,674 vehicles per day 7,084 vehicles per hour 68,000 vehicles per day PGA Boulevard from RCA Boulevard to Alte.rnate AIA Daily Level of Service Standard 68,055 vehicles per day Peak Hour Level of Service Standard 7,120 vehicles per hour Test 2 Volume 60,000 vehicles per day PGA Boulevard from Alternate AIA to Fairchild Gardens Avenue Daily Level of Service Standard Peak Hour Level of Service Standard 59,636 vehicles pep day 5,825 vehicles per hour PGA Boulevard from Fairchild Gardens Avenue to Prosperity Farms Road Daily .Lbvel of Service Standard 54,283 vehicles per day Peak Hour Level of Service Standard 5,327 vehicles per hour Intersection of PGA Boulevard and Military Trail Critical Volume of 1,800 The CRALLS designation on the above will. be revisited if the City of Pa)m Beach Gardens~ 1) fails to adopt the City Center Unka.qes Plan dated November .1999 into the City’s Comprehensive Plan by Apd130, 200.1 or 2) fails to provide the County’s Planning Director a report by March 1st of each year be~inninq in year 2002 showing that .concurrent with .the development approvals, the City: a) is requiring the construction of-the City Center Linkages Plan dated November 1999; b) has completed an evaluation of the feasibility ,of a fixed-route bus transit seryice to drculate within the City.Center;, c) has c0mpleted,the construction of the Hood Road extension from Alternate A1A to Prosperity Farms Road by the year 2003; and d) has commenced construction to widenBums Road to four lanes from Military Trail to Prosperity Farms Road. The level of service standardd’.for PGA Boulevard between "",.,,., C11 Prosperity Farms Road and United States Highway I will be: 1) 2) 3) Test One - 50,200 trips on an ADT basis and 4,830 trips on a peak hour basis; Alternate Test One - 2,990 trips on a peak hour peak direction basis, and an intersection critical volume of 1,500; Test Two - 56,700 trips on an ADT basis. [’[’his language relocated from Policy 1.2-<:] CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 SUBJECT/AGENDA ITEM SP-00-07 - Eckerd @ Promenade Consideration for Approval: Resolution 166, 2001, a request by Dodi Glas of Urban Design Studio, on behalf of Gardens East Plaza, for site plan approval of a 14,090 square-foot drugstore and 3,867 square feet of in-line retail with a tower feature on tracts 1,2, and 3 in the Promenade Shopping Center (fka: Gardens East Plaza), located within the Gardens East Planned Community District (PCD). The 1.67-acre Eckerd site is located on the east side of Alternate A1A, approximately 500 feet north of Lighthouse Drive. (7-42S-43E) RECOMMENDATION Staff recommends approval of Resolution 166, 2001 with conditions and waivers. Reviewed by: Principal Planner__ Steven B. C~ City Attorney _/~¢/ Leonard G.’RubjE Finance NA Human Res.NA Submitted by: Growth ~4~ Managi~~ Directd( J 0’{~" .~,~ Charles K. Wu, AICP City Man~ Ronald M. F~rris/// Originating Dept.: Growth Management: Project Manager John Lindgren, AICP Advertised: Date: Paper: [X] No~tRequired Affected parties: [X] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X]Rec. app. w/ conditions: 7 - 0 [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Tables 1 & 2 ¯ Resolution 166, 2001" ¯ Resolution 9, 1994 ¯Original Approved Master Plan Section & Elevations ¯Waiver Requests ¯11"X17" Set of Proposed Plans [ ] None City Council Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 BACKGROUND The Promenade Shopping Center (fka: Gardens East Plaza) was approved as the commercial portion of the Gardens East PCD with the adoption of Ordinance 2, 1987. The master plan for the shopping center was approved by Resolution 44, 1987, and subsequently amended by Resolution 9, 1994 (see attachment). The present petition would permit the reinstatement of Resolution 9, 1994 (which expired in 1995), and approve an amendment to the site plan to combine tracts 2 and 3 into a single 1.67-acre parcel, with increased retail square footage that would come from a reduction of already approved retail square footage in tract 1. If this petition were approved as submitted, it would supercede condition #8 of Resolution 9, 1994, relating to the previously approved elevations. The total approved square footage for the shopping center would remain the same. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) with an underlying zoning General Commercial (CG-1), and a future land-use designation of Commercial (C). CONCURRENCY The applicant had already established concurrency for drainage, solid waste, sewer and water. However, the proposed project was reviewed for traffic equivalency, and on February 5, 2000, it received concurrency certification. PROJECT DETAILS Building Site Tract 2 was previously approved for 6,000 square feet of restaurant use, and tract 3 was previously approved for a 3,600 square-foot bank with a drive-through facility. A 14,090 square-foot Eckerd Drug Store (with a drive-through operation) is now proposed for tracts and 3. Tract 1, originally approved for 8,357 square feet of retail/office use, will now have 3,867 square feet (which is the remaining square footage originally approved for tracts 1,2, and 3). Site Access The site will have one direct access point along Alternate A1A. This is the northernmost drive into the center, and will be a right-turn-in/right-turn-out only, since there is no median cut at this location. The applicant is providing a turn lane for this ingress/egress off of Alternate A1A. The site will also be accessed through the Promenade Shopping Center. 2 City Council Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 Parking On the 1994 approved master plan for the Promenade Shopping Center site, 1,633 parking spaces were required (1,634 were provided). The proposed Eckerd plan has 72 parking spaces in tracts 2 and 3, which meets the code requirement for parking on the site. With approval of this petition, the Promenade Shopping Center site would have a total of 1,653 parking spaces, which is a net increase of 19 spaces in the total parking for the site. S~Qna.qe The applicant is proposing one ground sign for the drug store at the northernmost entry. There is an existing ground sign for the shopping center located adjacent to the southernmost property line of the Eckerd site. The proposed sign meets all code requirements in terms of height, length, and number of messages. Of issue with regard to the Eckerd ground sign is whether or not the site has the necessary public road right-of-way frontage to be eligible for an additional ground sign. When evaluating the signage issue, the entire Promenade Shopping Center site must be examined. Currently, the shopping center has nine (9) ground signs, not including the proposed ground sign for the drug store. As part of this approval, the applicant has elected to remove one of the existing ground signs located on the south-side of the access drive in between the car wash and the bank, on the western side of the Promenade Shopping Center along Alternate A1A, thereby ensuring that the Promenade Shopping Center still has only nine (9) ground signs. Code requires 5,900 feet of public road right-of-way frontage for nine ground signs; however, the site only has approximately 4,200 feet of public road right-of-way frontage. Because the code requirement regarding feet of public linear street frontage is not met, the Eckerd ground sign will require a waiver. The applicant has stated this waiver is justified because the total number of ground signs at the Promenade Shopping Center site will not increase. The applicant is also requesting a waiver for an additional building identification/principal tenant wall sign. The proposed building identification/principal tenant wall signs are located on the west elevation of the building (facing Alternate A1A), and the south elevation of the building (facing one of the access drives into the PCD). The applicant will need a waiver for the second building identification/principal tenant. Staff supports this waiver request only if the applicant installs a large City of Palm Beach Gardens sign (with landscaping) the northwest corner of the Promenade Shopping Center, and reduces the size of the wall sign facing Alternate A1A from 24 inches to 20 inches, as conditioned in the resolution. The applicant has agreed to install the large City of Palm Beach Gardens sign, but wishes to maintain the size of both proposed wall signs (28" facing the shopping center, 24" facing Alternate A1A). It should also be noted that approval of a second building identification/principal tenant wall sign would be consistent with past approvals in the City (e.g.: Walgreen’s, Polio Tropical, Hampton Inn, and Hilda Flack). 3 City Council Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 Phasinq The proposed project will be constructed in two phases. The first phase will include the construction of Eckerd Drugs on tracts 2 and 3, and the landscaping improvements and parking area on tract 1. The second phase, which does not have a construction schedule, will include the construction of the remaining 3,867 square feet of the shopping center with the tower feature. Public Notice Even though this project is being processed as a site plan within a PCD, the Growth Management Director may, at his discretion, require that the public be notified. As a result, prior to City Council, the applicant shall send courtesy notices to surrounding property owners within 500 feet of the subject site (Tracts 1,2, and 3). Waivers Code Section Required Provided Waiver Recommendation Section78-182(f)(4) 10 foot-candle 24.6 foot-14.6 foot-candles SupportMaximum light levels maximum candles Section 78-285- Minimum public road right-5,900’ for 9 of-way frontage for ground ground 4,200’1,700’Support signs Section 78-285-1 building ID Maximum number of wall sign & 1 2 building ID 1 building ID Conditionally wall signs per building tenant wall signs sign Support sign Section 78-344(I)(1)a. Parking Stall and Bay 10’ X 18.5’9.5’ X 18.5’0.5-foot in width Support Dimensions The applicant’s justification, which is adequate for the Planning & Zoning staff to analyze and support all waivers, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. STAFF RECOMMENDATION Although the proposed drug store is a stand-alone building that is not physically connected to the rest of the plaza, the applicant has created a strong pedestrian connection with the plaza by the use of walkways, hardscape and landscape material, and pedestrian amenities including trellises, shaded benches, and a shaded table with stools. Because of this, Staff recommends approval of Petition SP-00-07 with nine (9) conditions and the four (4) waivers requested by the applicant (see condition for wall sign waiver). 4 City Council Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 (4) waivers requested by the applicant (see condition for wall sign waiver). PLANNING & ZONING COMMISSION The Planning and Zoning Commission reviewed this petition on April 25, 2000; June 27, 2000; August 22, 2000; and October 9, 2001. The Commission voted 7 - 0 to recommend approval of Petition SP-00-07 per Staff’s recommendation. 5 City Council Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 Subject Property Promenade Shopping Center North Gardens East Apartments South Promenade Shopping Center West Alternate A1A and FEC Railroad East Promenade Shopping Center Planned Community District (PCD) with underlying zoning of General Commercial (CG-1) Planned Community District (PCD) with underlying zoning of Residential- Medium Density (RM) and Planned Unit Development Overlay (PUD) Planned Community District (PCD) with underlying zoning of General Commercial (CG-1) N/A ¯ :,LAND¯ USE Commercial (C) Residential Medium (RM) Commercial (C) Planned Community District (PCD) with underlying zoning of General Commercial (CG-1) N/A Commercial (C) 6 City Council Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 Site = Commercial (CG-1) Minimum Building Site Area for CG-I" 1 acre Minimum Site Width for CG-I 100 feet Maximum Building Lot Coverage for CG-I" 35% Maximum Building Height for CG-I" 36 feet Front Setback for CG-I: 50 feet Side Setback for CG-I" 15 feet Side Setback Facing a Street for CG-I" 40 feet Drug Store 1.67 acre 290 feet 17.9% 32 feet 94.2 feet 62.1 feet 74.4 feet Yes Yes Yes Yes Yes Yes Yes Yes Rear Setback for CG-I"41.5 feet Yes 15 feet g~ohn: sp0007.cc 7 January 17, 2002 RESOLUTION 166, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM GARDENS EAST PLAZA FOR APPROVAL OF A 14,090 SQUARE-FOOT DRUGSTORE AND 3,867 SQUARE FEET OF IN-LINE RETAIL WITH A TOWER FEATURE ON TRACTS 1,2, AND 3 (1.67 ACRES) IN THE PROMENADE SHOPPING CENTER (FKA: GARDENS EAST PLAZA), LOCATED WITHIN THE GARDENS EAST PLANNED COMMUNITY DISTRICT (PCD), ON THE EAST SIDE ALTERNATE AIA, APPROXIMATELY 500 FEET NORTH OF LIGHTHOUSE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-01-07) from Gardens East Plaza for approval of a 14,090 square-foot drugstore and 3,867 square feet of in-line retail with a tower feature located in the 32.355-acre "Promenade Shopping Center" site on the east side of Alternate A1A, approximately 500 feet north of Lighthouse Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the "Promenade Shopping Center" site is currently zoned Planned Community District (PCD) with and underlying zoning of General Commercial (CG-1), and a future land use of Commercial (C); and WHEREAS, the "Promenade Shopping Center" was originally approved with the adoption of Ordinance 2, 1987 on March 5, 1987, and the adoption of Resolution 44, 1987 on June 18, 1987, and was subsequently amended with the adoption of Resolution 9, 1994 on February 3, 1994; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, on October 9, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved subject to certain conditions stated herein; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida hereby approves said application subject to certain conditions stated herein. Resolution 166, 2001 Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The forgoing "WHEREAS" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves the site plan application subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1.Prior to the issuance of the first building permit, the applicant shall: bo Provide an approved permit from FDOT for improvements within the Alternate A1A right-of-way. A curb transition from the non-mountable type "D" curb to existing curb within the right-of-way of Alternate A1A shall be used. (City Engineer) Provide a unity of title for tracts 2 and 3 in lieu of replatting the entire project. (City Engineer) Prior to the issuance of the final certificate of occupancy for Phase 1, the applicant shall: Co eo Install a City of Palm Beach Gardens Police Department approved video recording system for the pharmacy drive-through lane and cash register areas. (Police) Submit written authorization from all of the applicable utility owners for horizontal construction/planting within the utility easements. (City Engineer) Prepare an instrument that releases a portion of the 5-foot-wide limited access easement so that the existing access point can function as it is constructed, and submit to the City for review and approval. Said instrument shall be recorded in the public records of Palm Beach County. (City Engineer) Submit an As-Built Photometric Plan demonstrating compliance with all lighting requirements (per Section 78-182), except for area under the drive- through canopy. (City Engineer) Remove any barriers to the parking in the rear of the theater. (Planning Zoning) Complete all improvements in tract #1. (Planning & Zoning) 2 o ° = Resolution 166, 2001 Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 go Install and maintain the large official City of Palm Beach Gardens ground sign (with landscaping) at the northwest corner of the Promenade Shopping Center, as approved by the Growth Management Department. (Planning & Zoning) All lighting shall be installed so as not to conflict with landscaping. (Police) The two (2) parking spaces located in the south section of the east parking area shall be marked "Compact Cars Only." (Police) Paint and tile color shall match the rest of the shopping center. (Planning Zoning) Parking at Eckerd shall be open to all Promenade Shopping Center patrons. (Code Enforcement) Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) All previous approval and conditions of approval remain in effect unless specifically modified or deleted herein. (Planning & Zoning) The wall sign facing Alternate A1A shall be no greater than 20 inches in height. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: Section 78-285, which requires 300 feet of public road right-of-way for a ground sign, and 700 feet of public road right-of-way for each additional ground sign, to allow for a second ground sign on the Eckerd’s Drug Store site. Section 78-285, which limits the number of building ID wall signs to one (1), allow for two (2) building ID wall signs. Section 78-344(I)(1)a., which requires a minimum width of 10 feet for all typical parking spaces, to allow for 9.5-foot-wide parking spaces. Section 78-182(f)(4), which requires photometric plans to have light levels greater than 10 footcandles, to allow for up to 24.6 footcandle measurements under the drive-through canopy only, 3 Resolution 166, 2001 Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 SECTION 4. Construction of the site shall be in compliance .with the following plans on file with the City’s Growth Management Department (dates represent the date the plan was received and stamped in): 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Overall PCD/Commercial Plan and Ground Sign Locations for Phase 1 by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet P-I. Overall PCD/Commercial Plan and Ground Sign Locations for Phase 2 by Urban Design Studio, and date stamped (January 4, 2002) into the Planning and Zoning Division, sheet P-I. Site Plan - Phase 1 (Tracts 1,2 & 3) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 1 of Landscape Plan - Phase 1 (Tracts 1,2 & 3) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 2 of Plant List/Detail Sheet- Phase 1 (Tracts 1,2 & 3) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 3 of Floor Plan by Ofiver, Glidden & Partners, and date stamped (June 8, 2001) into the Planning and Zoning Division, sheet A-1. Roof Plan by Ofiver, Glidden & Partners, and date stamped (June 8, 2001) into the Planning and Zoning Division, sheet A-2. Elevations by Ofiver, Glidden & Partners, and date stamped (October 15, 2001 into the Planning and Zoning Division, sheet A-3. Photometric Plan by Colwill Griner, Inc., and date stamped (October 25, 2001 )into the Planning and Zoning Division, 1 sheet. Landscape Plan - Detail Plan (Tract 1) by Urban Design Studio, and date stamped (July 27, 2001 ) into the Planning and Zoning Division, sheet 4 of Plant List/Detail Sheet (Tract 1) by Urban Design Studio, and date stamped (July 26, 2001 ) into the Planning and Zoning Division, sheet 5 of 8. Site Plan - Phase 2 (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001)into the Planning and Zoning Division, sheet 6 of Landscape Plan - Detail Phase 2 (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001 ) into the Planning and Zoning Division, sheet 7 of Plant List/Detail Sheet (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001) into the Planning and Zoning Division, sheet 8 of Phase 2 Roof Plan and Exterior Elevations by Ofiver, Glidden & Partners, and date stamped (October 30, 2001) into the Planning and Zoning Division, sheet A-I. Drainage Plan by Dixon and Associates Engineers Inc., and date stamped (July 26, 2001) into the Planning and Zoning Division, 1 sheet. 4 Resolution 166, 2001 Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 SECTION 5. The 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. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. SECTION 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYORJOSEPH R. RUSSO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/john: sp0007.res AYE NAY ABSENT 5 Resolution 166, 2001 Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition $P-00-07 EXHIBIT "A" DISTANCE OF 952.43 ~EET ~ A POINT ON ~E HEW ¯EET ~ THE POINT OF BEGXNNXNG."" SAID POINT ~SO BEING ON A ~RVZ CON~VE ~ ~E NORTM~ST RIGHT~F~WAY LINE ~D A~NG ~E ARC OF SAID ~RVE, THROUGH A C~T~L ~G~ OF 16e44"04" A DIST~CZ OF 411.20 FEET, POINT OF T~GENCY OF SAID ~RVEI ~ENCE B.79029*30"E. NAID ~STE~Y RIGHT.F-WAY LINE. A DIGT~CE OF 150. S0 FEET TO THE POINT OF ~URVATU~ OF A ~RVE ~ ~E RIGHT ~V~NG ~DIUS OF 327.17 FEET; ~ENCE SOU~STE~ ~NG ~E ARC OF CENT~L ~GLE OF 40*00’O0", A DZBT~CE OF 220.41 FEET ~ A POINT OF ¢O~OUND CURVA~RE OF A ~RVE ~ ~E RIGHT, ~VING A ~D;US OF t1~.00 FEET~ THENCE 60U~STE~Y A~NG ~E ARC OF SAID CURVE ~D BAID ~STE~Y RIGHT-OF-WA~ LINE ~ROUGH A ¢ENT~L ~GLE OF 41*09’22", A D18T~CE OF ~5~.93 THE POINT OF T~GER~ OF BAID ¢URVE~ THENCE 8.01"39’42"W. DIST~¢= OF 495.05 ~EET, ~ ~E PO/HT OF CURVATU~ OF FEET~ ~CE SOU~STE~Y A~NG THE ARC OF 6AID ~RVE 90*00’00~. A D/STAHCE OF 39.27 FE~ ~ ~E POINT OF T~G~ :~D A ~NT ~ ~E NORTHE~Y RIGHT.F-WAY LINE OF LIGHTHOUSE 44"41"3S’, A DX~T~CE OF 203.00 FEETJ ~ENCE H.79*SS’23"W., EASTE~ ~I~T~F--WAY LINE. A D/BT~CE OF 34~B DIST~CZ OF 1088.~2 FEZT, ~CE N.44*32’08~ A~~ ~ 45.18 FEZT ~ ~Z POINT OF BEGINNING. 6 Resolution 166, 2001 Meeting Date: January 17, 2002 Date Prepared: December 28, 2001 Petition SP-00-07 EXHIBIT "A" CONTINUED Parcel I. ¯s started br deed recorded In O¢flclal Records Beck ¯ 890. Page 953, Dff|ciel Records Book 890,.Page 961, O¢¢lcial Records Book 2?38. Page 665 and Official Records Book 2953, Page Poge 1862. ¯cross, over and through the follo~|ng described |ends~ |) The North ¯ feet ¯f the follow|nO described lands! Ool|nntng ot¯ po|nt |n the East line or Section 18, Townsh|p 42 South, Range 43 East, Palm Beach County, Florida. It ¯ d|$tanco of 717031 feet $ou|her|y from0 measured ¯|ong said ’East 1|no of SectSon 18, the Northeast corner thereofl thence Southerly along said East 1lee or Section "18, ¯ d/stance of 110 .; ~Easterly at r|ght angles, ¯ distance of 125 feet to the Point of Bog~nnins. ~Beg|nn|ng at ¯ point in the East 1|he Of Section 18, Township 42 South, Range 43 East, Palm Beach County, Flo~|da, at ¯ distance iof 2116.31 feet Southerly from, measured oleo@ said of Section 18, the Northeest corner thereofl thence Northerly, along said East line or Section 18, ¯ d/stance of 96 feetl thence Uesterly, at right angles, ¯ distance or 125 feet! thence Southerly at right angles. ¯ d/stance Of 73.62 feet to the 7~£.11 feet and ¯ central en$1o of 13 degrees 06" IA"I thence Southerly stone the arc of said curve and through an a~gle of 01 degree 3.5" 23" a dSstanca of 22.3~ feet! thence Easterly, Farallel to the North 1lee Of the heroin described par©el of land, a distance of |2~.32 (oct to the Point of Beginning. January 27, 1994 RESOLUTION 9, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE PROMENADE SHOPPING CENTER, A PLANNED UNIT DEVELOPMENT CREATED BY RESOLUTION 44, 1987, OF GARDENS EAST, A PLANNED COMMUNITY DISTRICT CREATED BY ORDINANCE 2, 19.87, BY REINSTATING THE PLANNED UNIT DEVELOPMENT FOR ONE (I) YEAR FROM THE EFFECTIVE DATE OF THIS RESOLUTION; AND, FURTHER, PROVIDING THAT SAID PLANNEDUNIT DEVELOPMENT SHALL BE SUBJECT TO ALL PROVISIONS IN THE PALM BEACH GARDENS CODE WHICH MAY BE AMENDED FROM TIME TO TIME; AND PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. Resolution 44, 1987, which created "Gardens East Plaza", a Planned Unit Development, in the Gardens East Plaza Planned Community District, is hereby amended by reinstating the Planned Unit Development for one (i) year from the effective date of this Resolution. Prior to the expiration of the reinstated Planned Unit Development, the developer may apply for an extension of one (i) additional year for good cause shown. The developer shall initiate development within one year from the effective date of this Resolution in conformance with the plans on file in the city Planningand Zoning Department as follows: November 23, 1993 Site Plan by Theodore E. Davis and Associates. Sheet P-I. September 23, 1993 and December 23, 1993 Revised Landscape Plan by Blakely and Associates. Nine sheets. December 3, 1993 Landscape Buffer Plan for Alternate AIA by Blakely and Associates. One sheet. Section 2.In addition to the aforesaid plans specifications, the following conditions shall apply: and o The total square footage for the project shall remain at 244,000 square feet. The existing 211,455 square foot shopping center is reinstated. The remaining undeveloped outparcels, totalling 25,057 square feet, are also reinstated. Development of any outparcel over and above its allocated square footage, up to the 244,000 square feet for the entire shopping center, shall be approved by the City Council on a case-by-case basis and shall meet Concurrency and all City standards. The outparcels shall have the permitted use of square footage as shown on the original site plan. The pedestrian promenade shall be completed, cleaned and opened to the public within thirty days from the effective date of this Resolution or prior to the issuance of the next Building Permit, whichever occurs first. The fence surrounding the promenade and outparcels #i, 2 & 3 shall be removed within thirty days from the effective date of this Resolution or prior to the issuance of the next Building Permit, whichever occurs first. Gardens East shopping center shall have a 25-foot wide landscaped buffer along Alternate AIA. The Gardens East shopping center shall have a unified landscape theme. The petitioner shall supply to the City for review a landscape plan showing landscaping within the 25-buffer along Alternate AIA prior to the petition proceeding to City Council; or the originally approved landscape plan prepared by Landscape Architect Jeff Blakely, and labeled Gardens East Plaza Perimeter Planting, drawing numbers LA 3/22 and LA 4/22 (no date), shall be included in the overall landscape plan submitted for this petition. The 25-foot buffer adjacent to Alternate AIA shall be completed by March 31, 1994. The median landscaping shall be installed within thirty days from the effective’date of thisResolution or prior to the issuance of the next Building Permit, Whichever occurs first. The owners of the Gardens East Plaza shall be responsible for the maintenance of the median landscaping, including plant replacement, and repair and utility costs of the irrigation in perpetuity. Prior to the sign-off of the median and site landscape improvements, the Landscape Architect of Record shall inspect all landscape improvements, and shall certify in o i0. ii. 12. 13. writing to the City that the landscape plan and all other landscape recommendation have been accomplished or implemented. Upon receipt of the certified letter the City Forester shall inspect the site for compliance. All proposed landscaping for the site shall be installed before March 31, 1994 or the issuance of the next Certificate of Occupancy for the project, whichever comes first. In addition to the proposed landscaping, the petitioner shall adopt at a minimum a consistent program of maintenance and plant care as recommended and outlined in Landscape Architect Jeff Blakely’s letter to City Forester Mark Hendrickson, dated September 21, 1993 and submitted September 23, 1993 (see attachment). The petitioner shall adopt and implement a written management plan covering maintenance for the entire PUD by Landscape Architect Jeff Blakely within thirty days from the effective date of this Resolution. Landscape Architect Jeff Blakely shall certify in writing that this management plan has been completed and implemented within thirty days from the effective date of this Resolution. In no way shall this plan be less than the maintenance standard in the City Landscape Code, Ordinance 2, 1993, or as amended. The landscape management plan shall be agreed on by staff. The previously-approved elevations for the undevelopid outparcels shall be reinstated and shall be used as guidelines for future development applications. Outparcel i, including but not limited to the tower/entry feature, shall be completed substantially in accordance with the design of the previously-approved elevation plans. All undeveloped outparcels shall meet the current code in place at site plan approval (ie., landscaping, parking, etc.). All undeveloped outparcels shall meet the current Sign Code in place at site plan approval unless modified by the City Council. Signage shall be consistent with the signage currently approved for the shopping center. No drive-thru facility shall be allowed for outparcel #i. The temporary landscaping to screen the west elevation of the movie theater building shall remain until the issuance of the building permit for construction on outparcel #i. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 1994.~ ~proved as ~o/~m_~d ~egal Sufficiency by th~City Attorney ATTEST: LINDA V. KOSIER, CMC, CITY CLERK s :,-"~ Y~ / ’-"~ JO~ R[I-RU-SSO, MAYOR VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK /. o I,,,, THEATER BUILDING 900 2~,590 S.F. I£,-- lCEL 1.56 ORIGINAL MASTER PLAN SECTION WAIVER REQUESTS AND JUSTIFICATION STATEMENTS FOR GARDENS EAST/PROMENADE-ECKERD Petition -PUD-99-15 Revised April 24, 2000 urban des an sludi"o For your review and information are the waiver requests and justification statements as revised for the latest site plan and to reflect code references for the draft LDRs (3/5/00 version): Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Specialty_ Pavers We request a waiver from the Subdivision Regulations to allow for the use of specialty pavers. Specialty pavers allow for a higher quality people experience by creating a more aesthetically pleasing environment and by delineating people places in areas that may also be used by vehicular traffic. Pavers create visual cues that enhance the sense of place and that serve to put people and drivers on notice that something is special at this location. The hardscape provides for a much greater sense of place than asphalt. The use of pavers is also consistent with Crime Prevention Through Environment Design (CPTED) techniques, which is supported by the City. The pavers to be used are also consistent with the hardscape of the existing center. Size of parking Spaces (Section 118-475) (New Section 180) We are requesting a waiver to allow 9.5-foot wide parking spaces which represents the compromise between maximizing green space and ability to load packages recognizing that loading of packages is limited at this type of retail use. An alternativeparking plan shows where green area is gained in more detail. In general, the smaller spaces permit for more landscape areas at parking islands and ends of parking aisles. Landscape Buffers (_Section 98-72(a) (New Code Section We are requesting a reduction in the requirement for 8 feet of landscape buffer adjacent to a property line on the south property line. It is not inconsistent with the existing developed properties. In fact even with the requested reduction in the buffer (from 8 feet to 6 feet on the south property line and to 3 feet at the southeast corner,) there will be a largerbuffer than provided at this site today or than exists across the street at the Mobile site. The requested waiver would still permit the center to be closer in conformity with the code provisions than the existing condition on the site. t~’C~’ySFiIes~ Y l:~euments’UDS~EClCEl~S\waivers’042400"wpd ~~~e,~ CA " 714.489.8131 Signage (Section 118-571) (New Code Section ) The requested waiver is to permit a ground sign for this parcel. The signage will serve to identify this newly created entrance to this parcel and the center. The site only has 265 feet of public ROW. The ground sign is consistent with the current signage program at the center. The design and materials are also consistent with the existing center. The landscaping is consistent with current code provisions. Photometrics (Section) (New Code Section The requested waiver is to permit this site to exceed the 10 foot candle maximum under the pharmacy canopy due to safety considerations. It is anticipated that the lighting can be designed consistent with City’s concern to minimize the impact of spillage of lighting off of the property. This list represems the waivers required at this time, we may request additional waivers as necessary in response to staff and city official comments, design variation or new code provisions. C:’OvlyFiles~V~y Documents\UDS~CKERDS\waivers.042400.wpd LCC35 I I I I-I i GARDENS EAST PLAZA i GARDENS EAST PLAZA ARCHITECT AND AB8OCfAT~ T--/ ! MOBIL I I I Gardenspalm BeachEaSt Gardens," Prome..adeFiorlda Site Plan-Phase, FILE COPY J o traffic signal ¯ -I LAKE -f--/. ! MOBIL "~ .... t17.3" .+ ++! +, ~--"’""’"°" °"’I""" ,,o..,.+:+It++, ;;,+ Tracts 1, 2 & 3 Sheet 2 of 8 _ , , . J ...... ...........~ J, . ./’. ,~-~..~~ / Plant Lis~Oetail Sheet- Phase I ~1111 Tracts ~, ~ & 3 Sheet 3 of / / / ./ / m 55.0’ 5J.O’ I Palm Beach Gardens, F.londa"""+’"’"" "’"" """ Tract 1 Sheet 4 of 8 ~I ’~!~ i| i it| .I 1Ii 1I Palm B.each Gardens, Florida Plant L,stJDeta,I Sheet ~ ~1|~|~ ¯ Tract 1 Sheet s of 8 f/il"~lltlIl I , i 0 l 1 117.J’ MOBIL Palm Beach Gardens, Florida l~l l!,! ll~l~ 5PEZI~I~II~ I Site Plan - Phase II Tract 1 Sheet 6 of 8 ~ t~ltt~!l i ’l+++iv~ ~ I / / / / \1 I\ , # 20.7’ ~53.0’m Z.:) t8,5 ~ ....~ ~N OC 5J.o’z~ ~ 8~I ~__, .............................. ~ ::~ _l-I 1 I", ~--.., 1 ’,~ ~~" Palm Beach Gardens, ~lorida Landscape Plan - Detanl Phase II Tract 1 Sheet 7 of 8 [ ~~ ~I~,~~I ~I~ ~I--~-- I c |i .-,- ......-.! Palm Beach Gardens, Florida .!tl~tl;|h,!; ¯~1!!II ;;qllll lPlant List/Detail Sheet- Detail Phase In I-I,~ Tract 1 Sheet 8 of 8 !Illllitii, | A.I ) ) ) Pa,m Beac.h G~rdens, Florida Photometric Site Plan . Tract 1 Sheet 1 of I .I I,I I |I sheett~de: FLOOR PLAN I OLIVER- GLIDDEN & pARTNERS . P~ I I I ION NO. SPO0-07 AT GARDENS EAST PROMENADE PALM BEACH GARDENS, FLORIDA OLIVER ¯ LIDDEN A~TNERSG& P ¯ L PETITIONNO. PUD 99-15 OUV~R. GLmD£~ & ll ×0 - ADDITIONS AND ALTERATIONS TO.: BUILDING 900 .. AT GARDENS EAST PROMENADE PALM BEACHGARDENS, FLORIDA PETITION NO. SP00-07 iP I l!I II OLIVER’‘ G[JDDgN ¢1~ p~Tn’Ers ¯ ,& N50"32’3 LANDSCAPE BUFFER CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 SUBJECT/AGENDA ITEM Workshop/First Reading for Ordinance 5, 2002: Westwood Gardens Planned Unit Development (PUD) Amendment. Julio Dumas of Gulf Coast Real Estate Consultants, LLC, agent for the Westwood Gardens Homeowners Association, Inc., is requesting an amendment to the Westwood Gardens/Westwood Lakes Planned Unit Development to allow for the construction of a 125-foot cellular telecommunication tower on-site. The Westwood Gardens/Westwood Lakes Planned Unit Development is located on the south side of Hood Road, between Interstate 95 and the Ronald Reagan Turnpike (35-41S-42E). RECOMMENDATION Staff recommends denial of Ordinance 5, 2002. Reviewed by: Principal Planner "~ Talal Benothm~P City Attorney ~ Finance NA Human Res. NA Originating Dept.: Growth Management: Project Manager Ed Tombari, AICP Submitted by:Advertised: Growth Managp~Not Required Directdr~, Charles K. Wu, AICP Approved~ by:-~. ~City Mana/Affected parties: Not Required / FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [X ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Ordinance 5, 2002 ¯ Legal Description ¯Waiver Justification from Applicant ¯Aerial: Surrounding Land Use ¯Aerial: Tower Site Setbacks ¯Separation from other towers ¯Photos: Proposed tower location City Council Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 Petition PUD-01-10 BACKGROUND The Westwood Gardens/Westwood Lakes Planned Unit Development (PUD) was approved by Palm Beach County in 1983 for 698 multi-family units and was annexed into Palm Beach Gardens by Ordinance 17, 1990. The PUD was re-zoned to a Palm Beach Gardens zoning district by action of the City Council through a City-initiated update of the zoning map in 1994. No further amendments have been made to the Westwood Gardens portion of the PUD. The Westwood Lakes section of the PUD was amended by Resolution 66, 1997 to allow for the construction of additional townhouses. LAND USE & ZONING The subject site is zoned Palm Beach Gardens PUD with an underlying zoning of Residential Low Density RL-3, and has a Palm Beach Gardens future land-use designation of Residential Low (RL). CONCURRENCY The proposed amendment does not generate additional impacts that would require concurrency review. PROJECT DETAILS Zoning Section 78-155 (i), Planned Unit Development (PUD) states that "Any PUD of 50 acres more may allow for a potential communication tower site, to be identified on a master PUD site plan", and that the tower shall be considered "an accessory use in the PUD." Section 78-159 does permit communication towers as accessory uses within residential zoning districts. Site Location and Access The location for the communication tower and related ground equipment is proposed adjacent to the northeast side of the clubhouse building, which is located near the center of the Westwood Gardens development just off of the main access drive, Golden Eagle Circle. Access to the site shall utilize the existing parking lot for the clubhouse building. The applicant shall record an access easement with Palm Beach County to allow for legal 2 City Council Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 Petition PUD-01-10 access to the site. The closest residential structure to the proposed tower location is approximately 210 feet to the east, which is outside of the tower setback requirements. General Requirements of Section 78-159 (64): Wireless Telecommunication Towers The following requirements apply to all proposed telecommunication tower sites within the City: Existing towers. The applicant has indicated in narrative form that the existing towers in the geographic search area do not meet the criteria stated in the Land Development Regulations (LDRs) to allow for: (1) additional capacity; (2) sufficient height; (3) sufficient structural strength; (4) frequency interference; (5) reasonable cost for sharing towers; (6) sufficient technology capacity; and (7) sufficient legal rights to an existing tower. Engineering Report. An engineering report has been included with the application and includes the following, as required by Section 78-159 (64): (1) site development plan; (2) type of tower and design specifics; (3) wind load capacity meeting the specifics of the Southern Building Code; (4) a statement that the tower shall not interfere with customary transmission of radio, television or similar services; (5) a statement that all construction shall comply with all applicable building codes, associated codes, and associated regulations, etc..; (6) a statement confirming that monopole shall accommodate two users; and (7) a written statement addressing the applicant’s ability to share proposed tower. Aesthetics. The following requirements are being met in compliance with the aesthetic regulations of Section 78-159 (64): (1) The tower shall be painted neutral gray to reduce visual obtrusiveness. (2)Cocoplum screening hedge shall be installed to reduce the visibility of the tower site, to help ensure blending into the natural setting and surrounding buildings and to minimize visual impact. (3)Landscaping shall be maintained at the lessee’s expense to ensure good health and visibility. Additional landscaping in excess of code requirement may be required prior to issuance of a letter of completion, by the Growth Management Director, per final field 3 City Council Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 Petition PUD-01-10 inspection to be conducted by the City Forester. Lighting. Lighting shall be proposed on top of the tower, as required by FAA/FCC regulations. Additional lighting beyond FAA/FCC regulations is not permitted. Setbacks. The tower must be set back from tower lot lines by a distance of 110 percent of tower height, which equals 137.5 feet. The nearest tower lot line for the leased area is 3 feet, the nearest property line is 210 feet to the east. The tower is located 11 feet from an existing maintenance building, and 50 feet northeast of the clubhouse building. Both structures are located within the 110% tower height setback required by the LDRs from tower lot lines. The applicant has requested a waiver from the setback requirements. Separation. Staff has attached a map to the staff report that indicates the location of all telecommunication towers, as defined by Section 78-159 (64), within and outside the municipal boundaries of the City of Palm Beach Gardens. The proposed location of the subject tower does meet the separation requirements set forth in Section 78-159 (64) (j), which state that proposed telecommunication towers must be at least one mile from existing towers. There is one tower located approximately 1 1/4 mile to the northeast east of the proposed towersite at Dwyer High School (see attached aerial map). Height. The proposed tower shall have a maximum capacity of two users. The maximum height of this form of tower is 125 feet. The applicant has indicated that the tower shall not exceed 125 feet in height. Signs. The applicant is required to post "HIGH VOLTAGE-DANGER" and "NO TRESSPASSING" warning signs, permanently attached to surrounding fence, with letters at a minimum height of 12 inches. Prior to the issuance of the letter of completion, Growth Management staff shall field check the sight to ensure that the signs have been installed in accordance with the code. Security Fencing. Security fencing is being proposed by the applicant in accordance with the code. Tower Type The applicant has proposed a "stealth" telecommunication tower in the form of a flagpole. The LDRs define "stealth tower" as "any telecommunication facility which is designed to blend into the surrounding environment." Section 78-287 of the LDRs restricts the height of flagpoles to 25 feet. The applicant has requested a waiver from this code requirement to allow for the tower to function as a flagpole. 4 City Council Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 Petition PUD-01-10 Tower Height The applicant is proposing a 125-foot high tower on this site. The maximum permitted height within a Residential Low Density (RL-3) zoning district is 36 feet. It is staff’s professional opinion that the height is incompatible with the residential character of the area. Furthermore, no towers of this height presently exist within any residential areas in the City. Approval of this tower may set a precedent for 100 to 150-foot high towers to be located within residential areas. Waivers The following waivers from the code requirement are requested: Code Section Section 287 (d) Flags 78- Section 78- 159 (64)(i) Setbacks Required 25 feet maximum height, 48 square feet maximum area 110 percent (137.5 feet) tower height from tower lot line. Provided Waiv Staff er Recommendation Flagpole Yes height at 125 feet, 225 square feet maximum area (approximate) 3 feet from Yes lease site line, 210 feet from nearest property line Deny (1) Deny (2) P&Z Recommendation December 11, 2001 Deny Deny (1)Staff does not support this waiver due to the excessive nature of the size of both the flagpole and flag. The visibility of the flag from both the surrounding residential areas and the public rights-of-way is a concern of staff. In relation to section 78-158 of the LDRs, staff does not find that the following criteria for a waiver request have been met (see below). (2)Staff does not support this waiver from the setback requirements of Section 78-159 (64) (i) due to the close proximity of the clubhouse and maintenance building, 11 feet and 50 feet, respectively, to the tower. Specifically in relation to the criteria set forth in section 78-158, criteria eleven is of critical concern. Section 78-158, criteria for waiver requests from the LDRs. 1. The request is consistent with the Comprehensive Plan: Due to the excessive height of the tower, it is staff’s professional opinion that a flagpole and flag of this magnitude is not compatible within a community 5 City Council Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 Petition PUD-01-10 with a residential land use designation. 2. The request is consistent with the purpose and intent of this section: It is staff’s professional opinion that the requested waivertoo greatly exceeds the code requirements to meet the intent of this section. The request is in support of and furthers the city’s goals, objectives, and policies to establish a development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reduction in vehicle trips, and a sense of place: The restrictions on flagpole height and area were intended to prevent large flag displays commonly found in commercial areas, such as federal and state buildings, and car sales lots. Therefore, granting a waiver from this requirement does not support the City’s goals, objectives and policies of protecting residential uses from non-residential uses. The request demonstrates that granting of the waiver will result in development that exceeds one or more of the minimum requirements for PUDs: The applicant is not providing for additional amendments that exceed minimum requirements for a PUD in exchange for a waiver request. 8.Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver: Due to the size and scale of the proposed flagpole and flag, it will be impossible to screen this use from the surrounding residential and rights-of- way. It is staff’s professional opinion that the installation of an oversized flag will only draw additional attention to the tower. 10. The request will be compatible with existing and potential land-uses adjacent to the development site: It is staff’s professional opinion that a flag and flagpole of this magnitude and scale are not compatible with the surrounding residential land use designations, for the reasons stated above. 11.The request demonstrates that the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare: 6 City Council Meeting Date: January 17, 2002 Date Prepared: January 3, 2002 Petition PUD-01-10 It is staff’s professional opinion that the code requirement of setback to tower lot lines of 110% of the tower height was intended to prevent a tower from falling on adjacent structures or buildings in a high wind event. The setback would provide sufficient clearance to prevent such an event from occurring. The proximity of the proposed tower from the maintenance and clubhouse buildings, setback 8.8% and 40% of tower height, respectively, is too close for staff to support. It is also staff’s professional opinion that the oversized flagpole and flag are not compatible with residential areas and would be injurious to the area and otherwise detrimental to the public health safety and welfare of the surrounding community. As an alternative to granting waivers to allow for the proposed tower location, staff is recommending that the applicant seek out another location on-site that may be more compatible with the surrounding uses (such as adjacent to an arterial or limited-access right-of-way) and be setback a distance greater than 110 percent of the tower height from surrounding structures. STAFF RECOMMENDATION staff recommends denial of petition PUD-01-10. Staff also recommends denial of the waivers requested, based on the justifications provided within this report. Should the City Council recommend approval of this application, staff is recommending conditions of approval that are included in Ordinance 5, 2002. PLANNING AND ZONING COMMISSION At its December 11, 2001 meeting, the Planning and Zoning Commission reviewed this application and voted unanimously for a recommendation of denial. The Commission concluded that the proposed use was inappropriate for a residential area and that the applicant did not sufficiently meet the criteria for granting waivers from the LDRs. G/edl2OO21pudO 110cc 7 January 4, 2002 January 7, 2002 ORDINANCE 5, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM SPRINT TELECOMMUNICATION FOR AN AMENDMENT TO THE WESTWOOD GARDENS/LAKES PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR CONSTRUCTION OF 125-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER, TO BE LOCATED WITHIN THE WESTWOOD GARDENS SECTION OF THE PUD LOCATED SOUTH OF HOOD ROAD, BETWEEN INTERSTATE 95 AND THE RONALD REAGAN TURNPIKE, AS MORE PARTICULARLY DESCRIBED HEREIN;PROVIDING FOR CONDITIONS OF APPROVAL;PROVIDING FOR WAIVERS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a Planned Unit Development (PUD) application (PUD-01-10) from Sprint Telecommunications and Westwood Gardens/Lakes Homeowners Association, to allow for the construction of a 125-foot high wireless telecommunication tower, to be located within the Westwood Gardens section of the Westwood Gardens/Westwood Lakes PUD, located south of Hood Road, between Interstate 95 and the Ronald Reagan Turnpike, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Westwood Gardens/Westwood Lakes PUD is currently zoned Planned Unit Development (PUD) with an underlying zoning of Low Residential (RL-3), and has a future land use of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department and Planning and Zoning Commission on December 11,2001 have recommended denial of an amendment to the Planned Unit Development to allow for construction of a 125-foot wireless telecommunication tower with waivers from the Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves the application for a PUD amendment subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1)Prior to the issuance of the first building permit, the applicant shall record the 20-foot access easement within the Public Records of Palm Beach County. (Planning and Zoning) (2)Prior to issuance of a letter of completion, additional landscaping in excess of code requirements may be required by the Growth Management Director per final field inspection to be conducted by the City Forester. Landscaping shall be maintained at the lessee’s expense in perpetuity in order to maintain good health and visibility. (Planning and Zoning) (3)Prior to the issuance of the letter of completion, Growth Management staff shall field check the site to ensure that warning signs have been installed in accordance with code requirements. (Planning and Zoning) (4)The tower shall have a maximum of two users. (Building and Planning and Zoning) (5)The applicant shall secure signage stating "HIGH VOLTAGE DANGER", and "NO TRESPASSING" on the fence surrounding the facility, spaced not more than 40 feet apart. (Development Compliance) (6)At no time shall the wireless telecommunication tower exceed 125 feet in height. (Development Compliance) SECTION 3. The following waivers are hereby granted with this approval: (1)A waiver from LDR Section 78-151, to allow for a setback of .025% of tower height from the tower lot line. The code requires a minimum setback of 110% of tower height from tower lot lines. (2)A waiver from LDR Section 78-287, to allow for a 125-foot high flagpole with a 225 square-foot flag. The LDRs allow for a maximum flagpole height of 25 feet and a maximum flag area of 48 feet. SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)August 1,2001 Sprint Zoning Drawings, Arcadis, Geraughty and Miller, Cover Sheet, Sheets Z1- Z2. (2)August 1, 2001 Boundary Survey and Legal Description, Arcadis, Geraughty and 2 Miller, Sheet 1of 1 SECTION 5. If any section, paragraph, sentence, clause, phrase, orword of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, CMC CITY CLERK LEN RUBIN, CITY ATTORNEY 3 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT 4 EXHIBIT "A" Gledl2OO21pud0110ord 5 ~i//15"94" PARENT TRACT DESCRIPTION: I A PORTION OF SECTION 35, TOWNSHIP ¢1 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA MORE FULLY DESCRIBED AS FOLLOWS: PLAT NO. 1 WESTWOOD GARDENS (A P.U.D.) PLAT BOOK 46, PAGES 156-161 AS RECORDED IN PALM BEACH COUNTY RECORDS. DESCRIPTION OF SPRINT LEASE PARCEL: A PORTION OF TRACT "A" (COMMON AREA) OF SAID WESTWOOD GARDENS PLAT,. MORE FULLY DESCRIBED AS FOLLOWS: COMMENCE AT PRM NO. 7 OF SAID WESTWOOD GARDENS PLAT, THENCE, BEARING SOUTH 6.3"09’21" WEST, A DISTANCE OF 21:3.76 FEET TO A POINT; THE POINT OF BEGINNING. THENCE, BEARING SOUTH 27"20’52" EAST, A DISTANCE OF 40.00 FEET TO A POINT; THENCE, BEARING SOUTH 62".39’08" WEST, A DISTANCE OF 5.00 FEET TO A POINT; THENCE, BEARING SOUTH 27"20’52" EAST, A DISTANCE OF 19.00 FEET TO A POINT; THENCE, BEARING SOUTH 62"39’08" WEST, A DISTANCE OF 15.00 FEET TO A POINT; THENCE, BEARING NORTH 27"20’52" WEST, A DISTANCE OF 59.00 FEET TO A POINT; THENCE, BEARING NORTH 62"39’08" EAST, A DISTANCE OF 20.00 FEET TO A POINT; THE POINT OF BEGINNING THIS PARCEL CONTAINS 1,085 sq. ft. 0.02 acres, MORE OR LESS. DESCRIPTIONOF S.pR NT ACCESS EASEMENT: A PORTION OF TRACT "A" (COMMON AREA) OF SAID WESTWOOD GARDENS PLAT, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCE AT PRM NO. 7 OF SAID WESTWOOD GARDENSPLAT, THENCE, BEARING SOUTH 27"40’20" WEST, A DISTANCE OF 240.41 FEET TO A POINT; THE POINT OF BEGINNING. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVENORTHERLY, AND HAVING A RADIUS OF 520 FEET, RADIUS BEARS AT SAID POINT NORTH 56" 26’06" WEST, THENCE A DISTANCE OF 20 FEET ALONGTHE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3"34’54"TO A POINT,RADIUS BEARS AT SAID POINT SOUTH 52"51’12" EAST; THENCE,BEARINGNORTH 55.12’54"WEST,A DISTANCEOF 65.79 FEET TO A POINT; THENCE BEARINGSOUTH 85"55’49"WEST,A DISTANCEOF 32.4.3 FEET TO A POINT; THENCE BEARINGNORTH 27"10’25"WEST,A DISTANCEOF 75.24 FEET TO A POINT; THENCE BEARINGNORTH 61"26’2.3"EAST,A DISTANCEOF 41.3‘3 FEET TO A POINT; THENCE BEARINGSOUTH 27"20’52"EAST,A DISTANCEOF 1,3.52 FEETTO A POINT; THENCE BEARINGSOUTH 62".39’08"WEST,A DISTANCEOF 21.71 FEET TO A POINT; THENCE BEARINGSOUTH 27"10’25"EAST.,A DISTANCEOF 49..30 FEET TO A POINT; THENCE BEARINGNORTH 85"55’49"EAST,A DISTANCEOF 26.65 FEET TO A POINT; THENCE BEARINGSOUTH 55"12’54"EAST,A DISTANCEOF 73.04 FEET TO A POINT; THE POINT OF BEGINNING THIS PARCEL CONTAINS 3,621 sq. ft. 0.08 acres, MORE OR LESS. LEGEND P.O.C..POINTOF COMMENCEMENT P.O.B.POINT OF BEGINNING P.O.T.POINT OF TERMINATION SER P.B.PLAT BOOK [] PG.PAGE IRR ~_CENTERLINE R/W RIGHT-OF-WAY [] ELEV.ELEVATION --W-- RRE HYDRANT WATER VALVE WATER SERVICE WATER METER IRRIGATION VALVE CONCRETE POLE ELECTRIC METER UNDERGROUND WATER LINE CERTIFICATE I, DAVID P GRAVES, l THIS MAP OF SPECIA DONE UNDER MY DIRI THE ABOVE GROUND AND CORRECT TO TH KNOWLEDGE AND BEt THAT THiS MAP OF ,’ IN ACCORDANCE Will TECHNICAL STANDARI MAPPING UNDER RUL (REVISED 6/99). DAVID P GRAVES PROFESSIONAL SUR~ NUMBER #5392, STA] ARCADIS GERAGHTY ~ NOT VALID WITHOUT 1 ORICINAL RAISED SEA! UCENSED SURVEYOR GRAVES PSM #5392 ARCN)i! GERAG 3903 Northdele Boule\ Tampa, FL 33624 Tel: 813/961-1921 Application To The City Council of the City of Palm Beach Gardens For Approval of Master PUD Site Plan Amendment and For a Waiver of Flagpole Height and Flag Area and Dimension Requirements, Pursuant to Municipal Code, Article IV, Section 92 Within the Westwood Gardens P.U.D. The Westwood Gardens Homeowners’ Association Inc., ("Association"), is the owner of the subject property and the entity charged with the operation and maintenance of the Westwood Gardens Community, which is a residential PUD, comprised of more than fifty (50) acres and located within the City of Palm Beach Gardens. The Association requests approval of an Amendment to the approved Master PUD Site Plan pursuant to Zoning Code Sections 26 and Section 89(i), to allow for communication tower site as an accessory use within the PUD. In addition, the Association also requests a Waiver of the heiqht restriction pertaining to flagpoles and the related provisions for permissible flag area and dimensions, as set forth in Zoning Code Section 138(d). Article IV, Section 92(f) of the Zoning Code ("Code") establishes waivers within Planned Districts, and City Council has been specifically granted the power to issue waivers of development standards or architectural and design requirements for Planned Districts pursuant to Section 92(e), (f) and Table We propose to replace the existing flagpole currently located at the entrance to the Clubhouse of the Association at 5601 Golden Eagle Circle (on the parent tract of the recreational parcel), with another flagpole of greater height at 125’, in the same general location. This replacement flagpole, which primarily serves as an architectural/design feature for the recreational parcel, will also be used by the Association as a public safety warning/notification system to alert the residents of imminent inclement weather, related concerns such as flooding, and other dangers, which may affect the community. The Association has a real need for such an alert system as the community has experienced several occurrences of extreme flooding without sufficient advance warning to its residents. The Association contemplates using different colored warning flags coded to indicate the presence or threat of potentially haza~:dous conditions in the area (i.e.- hurricanes, tornadoes, flooding, other forms of severe weather, safety and security issues, etc.) which the residents should be aware of in order to .take the appropriate precautionary measures. As an additional consideration, consistent with the growing patriotism and pride in our Country, particularly since the terrorist attacks of September 11, 2001, and the freedoms established by the First Amendment to the United States and Florida Constitutions, we would like the opportunity to demonstrate our communal pride and support of this Country through the more substantial display of our Nation’s flag- America’s most important symbol of freedom and democracy. The flagpole is also intended and designed to house internal, telecommunications/personal wireless service antennas of Sprint Spectrum L.P. ("Sprint") and up to two (2) other carriers’ antennas within interior portion of the pole structure. This ancillary use of the flagpole as an antenna support structure is also a permitted accessory use. In order to obtain approval of the amendment tothe approved PUD Master Plan, it is not necessary for the Association to demonstrate that the proposed use is an accessory use. (See Code Section 26) However, the Code does permit both the flagpole and the communications facility as accessory uses in this PUD. (See Code Sections 93, 94, 138, 284, 322, and 89(i))~ The Zoning Code in Section 890) provides that in the event a communications facility is located within "a PUD, the 8~.6 Brockenbraugh Court ¯ Metairie, LA 70005 Telephone (504) 828-9666 ¯ Telefax (504) 828-9086 7302 Donaldson Drlve ¯ Gonzales, LA 70737 Telephone (504) 647-87:1.3 ¯ Telefax (225) 644-3716 Justification Statemer,= October17, 2001 Pa~je 2 communication~, use shall be considered an accessory use within the PUD. Furthermore, it is significant to note that the proposed flagpole used as an antenna support structure, meets or exceeds all of the requirements of the Code as set forth in Section 93(64) pertaining to telecommunications uses and that waiver or conditional use approval under Section 93(64) is not required for this particular use. Moreover, the Amendment to the approved Master Plan for the PUD to allow for the proposed flagpole, as an alternative tower structure, will further many of the established goals of this City as they relate to wireless communications facilities. Without the height Waiver and the corresponding Amendment to the PUD Master Plan, many of these laudable objectives of the City cannot be fulfilled. The spirit, purpose and expressed intent of Section 93(64)pertaining to communications facilities is clear: to protect and promote the public health, safety and general welfare of the residents; minimize potential adverse impacts of towers and antennas on residential areas; encourage the location of towers in non-residential areas to the extent possible; minimize the total number of towers in the community by strongly encouraging co- location of antennas; encourage users of towers and antennas to minimize adverse visual impact through careful design, siting, landscaping, and innovative camouflaging techniques; and enhance the provision of telecommunication services to the community through an efficient and timely application process. Because, the telecommunications antenna is a permissible accessory use within this PUD, in the event the requested Waiver is not granted, the illogical result would be that a telecommunications facility strategically designed as a flagpole would be installed but the Association would be prohibited from displaying flags from the pole. Granting the waiver would provide the community with a central focal point with which they may display their patriotism and strengthen their sense of community. SUMMARY OF REQUEST: A Waiver from Code Section 138(d) "Flags", which provides, pertinent part, that "flagpoles shall not exceed 25 feet in height" and provides maximum flag areas and dimensions based upon height, is hereby requested in order to accomplish the intended goals and objectives of the Association, the PUD and the City. In addition, an Approval of an Amendment to the approved PUD Master Plan to allow for a telecommunications use to be located on the flagpole structure, is requested in accordance with Code Sections 89(i) and 26. The following is our justification of the requested flagpole height, flag size and dimension Waiver, and our demonstration of the satisfaction of the pertinent Waiver criteria established by Section 92(i) of the Code. COMPLIANCE WITH WAIVER CRITERIA; Consistency with the Comprehensive Plan: The site is located in an RM-zoning district, with a future comprehensive plan designation of RL and an underlying land use of resident|al. The proposed flagpole and ancillary telecommunications facility are both permitted accessory uses within a PUD and are consistent with the Comprehensive Plan. (See Zoning Code Table 21; Section 93(68), and Section 89(i).) The flagpole, as proposed will provide the Westwood Gardens Community, as well as the surrounding area with essential services including, but not limited to, enhanced 911 services. The use, as proposed, is consistent with the standards of the City’s Zoning Code and is consistent with the goals, objectives and policies of the City’s Comprehensive Plan. Consistency with the Zoning Code: The site plan amendment to the PUD Master Plan and the requested Waiver are also consistent with the letter as well as the stated purposes and intent of the Code. The proposed structure is consistent with the definition of accessory uses found in Sections 94 and 322 of the Code. In addition, pursuant to the Code, recreational uses and recreational related structures are permitted accessory uses within a PUD (Table 21). (Section 93(68)---"Recreation Uses, Accessory: Any parks, playgrounds, or recreational or community structures maintained by any property owners’ association are permissible conditional uses in any zoning district"). 2 Justification Stateme~ October 17, 2001 Page 3 Notably., the Code does not require that we demonstrate that our proposed use is an accessory use, nor does the Code provide any measurable standards in this regard. However, it is clear that both the flagpole and the telecommunications facility supported by the flagpole are both permissible accessory uses within this PUD. (Section 93(68), 89(i)). Telecommunications (and an antenna support structure in the form of a flagpole which is proposed in this application), is a permissible accessory use within the Westwood Gardens PUD, pursuant to Section 93 (64) (c), (z), (cc), and (ii), and Section 89(i), which expressly permit telecommunications towers certain PUD’s. Specifically, Section 89(i) provides that PUD’s of 50 acres or more such as the Westwood Gardens PUD, may allow a communication tower site, provided that the site is at least 10,000 square feet with minimum dimensions of 100 feet by 100 feet. This requirement will be met as reflected in the proposed drawings submitted with this application. Section 89((i)(2) of Code states that a "communications tower located within a 50+acre PUD shaft be considered an accessory use in the PUD" (emphasis added). Consistency and Support of City’s Goals and Objectives and Use of Innovative Design Techniques: The proposed flagpole is consistent with the expressed purpose of the City relating to signage as set forth in Code Section 122, which includes, among other things, the objective of facilitating 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." The Code authorizes the use of signs, which includes flags, provided that they are "compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of the individual activities and the community as a whole, and legible in the circumstances in which they are seen." The proposed flagpole is consistent with all of the above-stated goals of the City. There will be no harmful impacts on traffic, property or appearance. In fact, the residents of this PUD have overwhelming approved this design and use through a majodty vote amending the Declaration to specifically permit the proposed flagpole installation. In addition, the use of the flagpole, as an alternative tower structure, is expressly encouraged and permitted pursuant to Section 93(64) of the Code. Section 93(64)(a) states that the standards established in this Section are intended, among other things, to encourage users of towers and antennas to locate their facilities so as to minimize any potential adverse visual impact by innovative camouflaging techniques. Section 93(64)(c) defines alternati~,e tower structure structure that camouflages or conceals the presence of a telecommunications tower, such as manmade trees, clock towers, bell towers, steeples, light poles, utility poles, and similar alternative desi.qns. We submit that the proposed flagpole is such a similar alternative design as contemplated in the definition of an alternative tower structure, and thus furthers the ~sthetic and design goals and objectives of the City. Furthermore, this alternative tower structure will support up to two (2) additional carriers, which likewise effectuates yet another expressed objective of the City, which is to minimize the total number of towers throughout the community by the co-location of antennas on a single structure. Finally, this proposed structure would enhance the provision of telecommunications services to the community which is also a stated goal of the City. As a result of this carefully planned and selected site, the local consumer of wireless telephone services is provided with an increasingly better quality product which enhances the ability of that consumer and all persons in this area to conduct their business and affairs in the City. No Environmental Impacts: There are no environmental impacts associated with this waiver application. There will be no impacts on water or sewer. The property is not located in a Wellfield Protection Zone. Consistency with the Public Health, Safety and Welfare: The contemplated use of the flagpole as an internal warning and notification system for the PUD residents, together with the benefits of enhanced wireless communications services and capabilities, which will be provided to the Justification Statement Octoberl 7, 2001 Pa~e 4 residen~ts and visitors of the City, is entirely consistent with the public health, safety and general welfare. Clearly, the proposed flagpole is not contrary to the public health, safety and welfare and will not have significant impacts upon pedestrian and/or vehicular access, the existing roadway system, onsite traffic circulation, or public safety purposes. There are no educational or concurrency impacts associated with the proposed use. There will be no impacts on utilities. Compliance with Requirements for Aesthetics and Buffering: The proposed flagpole and internal telecommunications antennas will comply with all of the standards of Section 93(64), particular, Section 93(64)(g)(4): =Aesthetics" pertaining to the requirements of antennas located on structures other than a tower. The flagpole and the equipment cabinets will be landscaped and .screened in accordance Section 93(64)(ii) of the Code and with the City’s landscape requirements. Furthermore, the ground equipment is sited and screened in such a way that it is not visible from any residential unit. Compatibility with Land Uses and Development in Harmony with Code: The proposed flagpole and internal telecommunications antenna is compatible with the overall goals, objectives, policies and standards of the neighborhood of the Westwood Gardens PUD. The proposed use has been expressly approved by a vast majority of the membershipof the Association, and such consent is reflected in a recent Amendment to the Declaration of Covenants and Restrictions for this Association. The flagpole at the proposed height is also compatible with the area uses and the character of area development. Furthermore, the proposed use is consistent with, and in harmony with, the general purpose and intent of the Zoning Code and the goals, objectives and policies of the City, in particular those objectives relating to the location, placement and construction of telecommunications towers within the City of Palm Beach Gardens. The stealth design of the antenna structure will clearly minimize any adverse impacts on adjacent properties, and the waiver of the height requirements will facilitate the logical, timely and orderly development pattern. Provision of a Public Benefit: "the proposed flagpole and accessory telecommunications facility will result in a public benefit in that the flagpole can be used by the Association as a warning/signal/alert communications system internal to the PUD, and simultaneously provide, the much needed personal wireless service to the residents and businesses of the City in an ordedy fashion. Furthermore, is important to note that the accessory stealth telecommunications facility is’sited for this PUD due to Sprint’s need for coverage and signal strength in Spdnt’s search dng for this geographic area as determined by Sprint’s radio frequency engineer and because this location would be consistent with the goals, objectives, and requirements of the City’s ordinances pertaining to telecommunications facilities. Sprint has exhausted the possibility for utilizing all other potential locations for its telecommunications facility within the search area. There are no existing towers or usable support structures within Sprint’s search area or the one mile radius required by the Code. Sprint requires this location for the provision of its personal wireless services. Waiver is Based Upon Need and Not Economic Reasons: This waiver request is based entirely upon need and is not requested for, or predicated upon economic or financial reasons. Without a waiver, the Association will not be able to use the pole as a flagpole, but instead will simply have a flagpole without the benefit or use of a flag for display and/or communication. The anomaly of a flagpole without a flag is clearly not the result contemplated by the City when it adopted Code provisions which strongly encourage communications facilities to be camouflaged and crafted with a stealth design. Justification Statement October-17, 2001 Page 5 In conclusion, we believe that the proposed flagpole, at the requested height of 125’ feet, will provide a direct benefit to the residents of the PUD through the warning and notification capabilities offered by the flagpole, reliable advanced E-911 service and will also serve the needs and interests of the general public by facilitating greater wireless telephone service in a much needed location with extremely minimal visual impact due to the stealth/camouflage design for the antenna support. This accessory use within the PUD meets or exceeds all of the criteria established by the Zoning Code. The requested Waiver for the flagpole height, flag area and dimension requirements also meet the criteria established in the code for granting such Waiver and should therefore be approved. The overwhelming benefits to be derived from the secondary uses of the flagpole by the Association and telecommunications providers locating antennas within the structure inures the City with the opportunity to provide the Westwood Gardens community with improved services. Based upon the foregoing, we believe that the granting of the requested Waiver and approval of the proposed Amendment to the .approved PUD Master Plan, are in the best interests of our community, the general public, and the City of Palm Beach Gardens. We therefore, respectfully request that this Honorable City Council grant the Waiver and approve the amendment to the approved PUD Master Plan as requested herein. Gulf Coas’~ Jmas Real Estate Consultants LLC. Agent for Applicant/Owner, Westwood Gardens HOA Inc., and Lessee, Sprint Spectrum L.P. 5 Surrounding Land Uses Proposed Tower Site Separation from Surrounding Towers I N T E R 0 F F I C E MEMO To: From: CC," Subject: Date: Honorable Mayor and City Council Leonard G. Rubin, City Attorney Ron Ferris, City Manager Litigation Report January 8, 2002 1.City of Palm Beach Gardens v. Charles Vavrus. The City filed suit, against Charles Vavrus, the owner of approximately 4,700 acres of land, to prevent the harvesting of trees and the clearing of land without the r6q~ired~i:pe,rmits, applications and approvals. The Circuit Court entered an injunction in favor 0fthe Ci{Y, and Vavrus appealed. The Fourth District Court of Appeal affirmed the’entry Of ~he tempbrary injunction.. The City then sought the entry of a permanent injunction. The case was set fortrial"when Vavrus filed a counterclaim for inverse condemnation: "Vavrushas°filed a motion to amend his counterclaim to assert new claims alleging violation of his constitutional rights to due process and equal protection. The motion to amend the counterclaim is-currently before the court. The case is now once again in the discovery phase Vavrus also file~i an appeal from the Code Enforcement Board order finding him in violation of the City Code, levying fines against him, and imposing liens against his property. The Circuit Court Appellate Division affirmed the order entered by the Code Enforcement Board. Vavrus filed a motion for rehearing, which was denied by the Court. Vavrus recently,filed a.~Petition for Writ of Certiorari with the Fourth District..Court of.Appeal, seeking review.of¯ the Circuit Court’s decision. The City is presently filing a Response to the ¯Petition for Writ of Certiorari. This City has been represented by this office in all matters except the counterclaims filed by Vavrus. Roberts & Reynolds (insurance counsel) is representing the City with respect to the counterclaims. " 2. Suffolk Construction Co. v. City of Palm Beach Gardens. Suffolk filed suit in Circuit Court for damages arising out of the contract between the City and Suffolk relating to the construction of the Municipal Complex. The parties settled all issues at mediation, with the exception of Suffolk’s entitlement to additional monies for overhead expenses incurred prior to February 10, 1999. The parties again attempted to mediate this issue with no success. The City has filed an Answer and the case is in its discovery phase. City of Palm Beach Gardens Litigation Report January 8, 2002 Page 2 The City is represented by Stanley Klett of this office. 3. Adolf Alexandre v. City of Palm Beach Gardens. Alexandre filed suit in Circuit Court against the City seeking damages for alleged violations of the Florida Civil Rights Act of 1992. Alexandre was a probationary police office who was terminated prior to the expiration of his probationary period. The City has filed an Answer and the case is in its discovery phase. The City is represented by Johnson, Anselmo, Murdoch, Burke & George (insurance counsel). 4.City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation and Bankers Life and Casualty Company. The CitY filed suit in United States District Court for the Southern District seeking to recover the costs incurred for the remediation of the soccer fields from the MacArthur Foundation and Bankers Life, prior owners of the property. The City is also seeking damages against the Foundation for breach of the agreement whereby the Foundation sold the recreation field property to the City in exchange for park and recreation impact fee credits. Banker’s Life and the Foundation have filed Answers to the Complaint and the case is proceeding. The City is represented by Ruden, McCIosky, Smith, Schuster & Russell. 5. Dennis O’Rourke v. City of Palm Beach Gardens. Former Assistant Police Chief O’Rourke filed suit in Circuit Court seeking damages for the City’s alleged violation of the Florida Whistle Blower’s Act and the denial of his First Amendment right to Freedom of Speech. The City terminated O’Rourke’s employment at the conclusion of an Internal Affairs Investigation into his conduct. The City filed a Motion to Dismiss the Complaint, which has been set for hearing. This City is represented by Roberts & Reynolds (insurance counsel). 6.Charles Vavrus v. City of Palm Beach Gardens, Joseph Russo and Mark Hendrickson Charles Vavrus originally filed suit against each of the Councilmembers, City Forester Mark Hendrickson, former Growth Management Director Roxanne Manning, and former City Manager Bobbie Herakovich in their individual capacities, seeking damages for purported City of Palm Beach Gardens Litigation Report January 8, 2002 Page 3 violations of federal law relating to the City’s regulation of his property. The case was removed to federal court and counsel for the City filed a Motion to Dismiss. Counsel for the City has also filed a notice of intent to seek sanctions against counsel for Vavrus for filing a complaint not well founded in fact or law. In lieu of responding to the City’s Motion to Dismiss, counsel for Vavrus filed an Amended Complaint. This Amended Complaint removedformer City Manager Herakovich and each of the Councilmembers, with the exception of the Mayor, as defendants, and addedthe City as a defendant. The Amended Complaint seeks compensatory and punitive damages for two purported constitutional violations: (1) denial of Equal Protection and (2) denial of Substantive Due Process. The Amended Complaint also seeks declaratory relief that the City’s Code is unconstitutionally "void for vagueness." The City will be filing a Motion to Dismiss this Amended Complaint as well. The City, its elected officials and employees are represented by Roberts & Reynolds (insurance counsel). 7. CSC Tanglewood v. City of Palm Beach Gardens CSC Tanglewood is appealing two orders entered by the Code Enforcement Special Master to the Circuit Court Appellate Division. These orders assess fines for City Code violations relating to the Standard Housing Code and impose liens on the property. CSC Tanglewood filed a total of five appeals relating to code enforcement, and the City was successful in obtaining dismissals of the three of the appeals on various grounds. The City is represented by Leonard Rubin of this office. If you should have any questions about any of these matters, please do not hesitate to contact this office. P:\CPWin\HISTORY~011219A\47D.EB(319.000) CITY OF PALM BEACH GARDENS PROCLAMATION WHEREAS, Jack A. Hanson began his career with the .City of Palm Beach Gardens in the Public Works Department on January 17, 1972; and WHEREAS, Mr. Hanson transferred to the Building Department one year later and in November, 1974 he became the City’s Building Official; and WHEREAS, Jack’s many accomplishments include receiving the designations of Chief Codes Analyst by the Standard Building Code Congress International and Certified Flood Plan Administrator by the Department of Community Affairs, Division of Emergency Management in the State of Florida; and WHEREAS, Jack Hanson diligently coordinated and monitored to completion various projects assigned to him by the City Manager and City Council, the latest being construction of the City’s new Municipal Complex along with its irrigation system, lake fountain, and recreation area; and WHEREAS, Mr. Hanson was elected to the Board of Trustees of the General Empolyees’ Pension Plan for 4 terms and served as Secretary of the Board; and WHEREAS, Jack Hanson has been a resident of the City of Palm Beach Gardens for more than 36 years. 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 congratulate and express appreciation to MR. JACK A. HANSON Carol Gold, MMC, City Clerk Mayor Joseph R. Russo Attest: for 30 years of dedicated and loyal service to the City of Palm Beach Gardens, Florida. 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 17 th day of January, Two Thousand and Two. City of Palm Beach Gardens Police Department CHIEF JAMES O. FITZGERALD 4th Quarter/Annual Report 2001 Table of Conten,ts A. 4th Quarter Report - October through December 2001 1.Operations Division - Quarterly Report 2.Calls for Service - 4th Quarter Comparison - Chart 3.Burglary/Residential & Business Comparison - Chart 4.Fourth Quarter Arrests Annual Report - 2001 1.Operations Division ~ Yearly Report 2.Part I Crime & Calls for Service 3.Part I Crime Comparison - Chart 4.Calls for Service - Yearly Comparison Chart 5.Activity Report by Month - 2001 6.Alarms 2001- Residential by Zones 7.Arrests - Year 2001 Palm Beach Gardens Police Department 4 th Quarter Report October- December 2001 OPERATIONS DIVISION FOURTH QUARTER REPORT 12-31-01 The last quarter of this year has been an exceptional time for the City of Palm Beach Gardens Police Department; many challenges have been met in which we have handled a vast volume "of increased calls for service(18%). Many have stemmed from our national security issues reflective on citizen safety. We have also managed what may well be . considered our first or preliminary phase of increased growth and the issues that may arise from that, which are burglaries (both residential and non-residential) and drug activity. Those demands on our city have been met by achieving a 41% increase in burglary arrests by our officers and a 14% increase in drug arrests. Although staffing has been short and some overtime was necessary, results have been extremely successful. A TAC Operations Unit was formed in September to combat these crimes. As this unit continues to make progress in the burglaries other crimes have warranted their attention on numerous occasions. The following accomplishments have been achieved during this quarter: o;o More than 700 hours of surveillance and investigative time have been committed in and around Ballenlsles community. During this surveillance a stolen tractor was spotted entering the gates without proper stickers. °:° TAC Unit made an arrest of a male selling cocaine in Hilltop Gardens. o:" Over 150 hours of surveillance hours were expended in the Garden Lakes, Miramar and Winchester Courts neighborhoods due to the sharp increase of burglaries. Cases have been linked together in these areas by prints from the scenes. Investigations are ongoing. o:o TAC Unit assisted Road Patrol with the apprehension of a robbery suspect at Sports Authority. oZo Assisted Road Patrol with two specific residential burglaries where approximately 155 thousand dollars of jewelry was stolen. Gypsy Burglars are suspected. o~o Conducted surveillance for the Detective Bureau where a suspect of sexual battery on two children was arrested. °:o Three stolen vehicles were recovered in Riviera Beach, an arrest warrant is pending. °~oContinuing to work closely with several statewide agencies gathering and sharing intelligence information regarding Gypsy Burglar suspects. °:o Continue to regularly meet with and brief local security offices, turnpike staff and various local businesses’ of burglary suspect descriptions and their MO’s. °~°Continue reviewing security tapes from Turnpike Toll Booths and various residential security gates for burglary suspect vehicles. Detective Bureau Quarterly Statistics: Cases Assigned:149 Cases Solved:78 Cases Unsolved:58 Arrests Made:12 Request for Warrants:20 Palm Beach Gardens Police Department 4th Quarter-Burglary Statistics 70 60 50 40 30 20 10 66 0 Burglary~Residence Oct - Nov - Dec 30 24 Burglary~Business 2000 2001 I Prepared by Leah Wells, Crime Analyst 1-8-02 Palm Beach Gardens Police Department 4th Quarter Arrests October - December 200.1 Arrest Retail Theft Aggravated Battery Simple Battery Robbery D.U.I. Homicide Drugs Adult Juvenile Total 49 34 83 4 1 5 16 0 3 0 12 0 0 0 22 0 Larceny/All Other 4 0 Burglary 1 8 Auto Burglary 3 2 Frauds 18 1 Criminal Mischief 5 1 26 Stolen Vehicle Arson Weapons Violations Liquor Law Violations Dealing in Stolen Prop. Miscellaneous 3 1 1 1 4 0 16 3 12 0 22 4 9 5 19 6 4 2 4 31 Prepared by Leah Wells, Crime Analyst 1-8-02 Palm Beach Gardens Police Department Annual Report 2001 OPERATIONS DIVISION YEAR END REPORT 2001 The year 2001 has represented one of the Police Department’s most challenging years. Through the.budget objectives, national security issues, and preparing for unprecedented growth in the City of Palm Beach Gardens, the Police Department has persevered and made this a winning year in spite of the increase of over 7000 calls for service and an unprecedented increase in the burglary rate. The Police Department has met this test and handled many additional calls for service all in a timely manner andwith a high degree of satisfaction from our citizens. We have increased our burglary arrest rate by 41%, hopefully sending a message to the "BAD GUY" if you do a burglary in our City we will find you and arrest you. During this same time period our drug arrests have increased by 14% and fraud arrests by 7%. This year through the efforts of our Auto-Theft Task Force, auto thefts have been reduced by 21%. Detective Bureau 2001 Case Statistics: . Cases Assigned:428 Cases Solved:230 Cases Unsolved:188 Arrests Made:029 Request for Warrants 055 Juvenile First Offender Program: Juveniles Entered into program:084 Total Cases since inception:531 Truancy Interdiction Program: Actual Number of Juveniles picked up in Palm Beach Gardens: 360 January 1 thru Dec 31, 2001 Manpower Allocation Regarding Overtime Expended FY-2001: First Quarter: Second Quarter: Third Quarter: Fourth Quarter: TOTAL HOURS: 665 hours 474 hours 585 hours 877 hours 2,601 hours Crime Prevention: DARE graduated 932 students from area elementary schools from both. private and public schools. However, due to staffing shortages we were unable to provide our usual DARE visitations to the lower grades. AVB (Aggressive, Victim, and Bystanders) Program was limited to one private school where 10 children participated. In local public Middle schools 890 students were instructed. One Citizens Police Academy was offered this year with 22 graduates in attendance. Traffic Unit: The Traffic Unit participated in 9 DUI Checkpoint operations in addition to hosting our first checkpoint, for total participation of 10 countywide this year. OPERATIONS DMSION YEAR END REPORT 2001 The year 2001 has represented one of the Police Department most challenging years. Through the budget objectives, national security issues, and preparing for unprecedented growth in the City of Palm Beach Gardens, the Police Department has persevered and made this a winning year in spite of the increase of over 7000 calls for service and an unprecedented increase in the burglary rate. The Poli¯ce Department has met this test and handled many additional calls for service all in a timely manner and with a high¯ degree of satisfaction from our citizens. We have increased our burglary arrest rate by 41%, hopefully sending a message to the "BAD GUY" if you do a burglary in our City we will find you and arrest you. During this same time period our drug arrests have increased by 14% and fraud arrests by 7%. This year through the efforts of our Auto-Theft Task Force, auto thefts have been reduced by 21%. Detective Bureau 2001 Case Statistics: Cases Assigned:428 Cases Solved:230 Cases Unsolved:188 Arrests Made:029 Cases Active:858 Request for Warrants :055 Juvenile First Offender Program: Juveniles Entered into program:084 Active Cases since inception:531 Truancy Interdiction Program: Actual Number of Juveniles picked up in Palm Beach Gardens: 360 January 1 thru Dec 31, 2001 First Quarter: Second Quarter: Third Quarter: Fourth Quarter: TOTAL HOURS: Crime Prevention: Manpower Allocation Regarding Overtime Expended FY-2001: 665 hours 474 hours 585 hours 877 hours 2,601 hours DARE graduated 932 students from area elementary schools from both private and public schools. However, due to staffing shortages we were unable to provide our usual DARE visitations to the lower grades. AVB (Aggressive, Victim, and Bystanders) Program was limited to one private school where 10 children participated. In local public Middle schools 890 students were instructed. One Citizens Police Academy was offered this year with 22 ¯graduates in attendance. Traffic Unit: The Traffic Unit participated in 9 DUI Checkpoint operations in addition to hosting our first checkpoint, for total participation of 10 countywide this year. Palm Beach Gardens Police Department PART I CRIME JANUARY-DECEMBER CRIME COMPARISON 2000 2001 % OF CLASSIFICATION CHANGE Murder 1 4 300% Sex Offenses Robbery 33 36 0% 9% Aggravated Assault 50 58 16% Burglary 223 350 57% Larceny 1517 1479 -3% Auto Theft 192 151 -21% TOTAL 2025 2087 3% 2000 2001 CALLS FOR SERVICE 41,167 48,528 % OF CHANGE 18% Prepared by Leah Wells, Crime Analyst, 1-07-02 Part l Crime Comparison Chart 600 5O0 400 300 200 100 2000 2001 Homicide Forcible Sex Offenses Robbery Aggravated Assault Burglary/Res Burglary/Bus Burglary/Auto Auto Theft Retail Theft Larceny/Other Prepared by Leah Wells, Crime Analyst 1/11/02 Palm Beach Gardens Police Department ¯ Calls for Service 48528 46000- 44000- 41167 42000- ~ 2000 40O00-2001 380l 2000 2001 January - December 2001 18% Increase Prepared by Leah Wells, Crime Analyst 1-7-02 Residential Alarms - 2001 Month Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Total January 102 144 25 25 35 243 574 February 73 116 26 17 25 227 484 March 119 186 36 22 44 223 630 April 127 149 25 29 38 214 582 May 149 158 59 27 39 237 669 June 122 208 36 37 34 270 707 July 138 182 28 36 33 280 697 August 117 177 29 29 57 269 678 September 115 162 20 34 49 225 605 October 147 220 17 22 37 259 702 November 90 165 21 20 38 248 582 December 98 226 35 39 31 264 693 Totals 1397 2093 357 337 460 2959 7603 Residential Alarms By Zones 3000-/t2500./ 2000./ 1500./ 1000./ 500./ 0.,~ Zone1 Zone2 Zone3 Zone4 Zone5 Zone6 2001 Prepared by Leah Wells, Crime Analyst, 1-8-02 UNIFORM CRIME REPORTS ARREST FORM JUVENILES ADULTS RACE OFFENSE Total Arrested Total Male Female Total Male Female White Black Indian Oriental Homicide 2 0 0 0 2 2 0 0 2 0 0 Murder 2 0 0 0 2 2 0 0 2 0 0 Manslaughter 0 0 0 0 0 0 0 0 0 0 0 Forcible Sex Offenses 2 0 0 0 2 2 0 2 0 0 0 Forcible Rape 1 0 0 0 1 1 0 1 0 0 0 Eorcibl~ Sodomy 1 0 0 0 1 1 0 1 0 0 0 Forcible Fondling 0 0 0 0 0 0 ¯0 0 0 0 0 Robbery 8 3 3 0 5 5 0 6 2 0 I 0 Aggravated Assault 21 2 1 1 19 14 5 16 4 0 1 Aggravated Stalking 0 0 0 0 0 0 0 0 0 0 0 ’Burglary 24 17 16 1 7 7 0 21 3 0 0 Larceny/Theft 561 242 99 143 319 156 163 389 168 0 4 Pocket Picking 0 0 0 0 0 0 0 0 0 0 0 Purse Snatching 1 0 0 0 1 1 0 1 0 0 0 Shoplifting 506 229 86 143 277 114 163 346 156 0 4 From Building 4 0 0 0 4 4 0 3 1 0 0 From Coin Operated Device 0 0 0 0 0 0 0 0 0 0 0 From Motor Vehicle 44 12 12 0 32 32 0 34 10 0 0 Bicycles 1 1 1 00 0 0 0 1 0 0 Motor Vehicle Parts 0 0 0 0 0 0 0 0 0 0 0 All Other 5 0 0 0 5 5 0 5 0 0 0 Motor Vehicle Theft 18 13 12 1 5 3 2 10 8 0 0 Kidnap/Abduction 0 0 0 0 0 0 0 0 0 0 0 Arson 2 1 1 0 1 1 0 2 0 0 0 Simple Assault 54 7 2 5 47 38 9 51 3 0 0 Simple Stalking 1 0 0 0 1 1 0 1 0 0 0 Drugs/Narcotics Offenses 105 22 20 2 83 62 21 88 17 0 0 Drugs/Narcotics 89 18 1 16 2 71 53 18 75 14 0 0 Drugs/Equipment 16 4 4 0 12 9 3 13 3 0 0 Bribery 0 0 0 0 0 0 0 0 0 0 0 Embezzlement 0 0 0 0 0 0 0 0 0 0 0 Fraud 82 13 8 5 69 35 34 57 25 0 0 False Pretenses/Swindling 81 13 8 5 68 35 33 56 25 0 0 Credit Card/A TM 1 0 0 0 1 0 1 1 0 0 0 Impersonation 0 0 0 0 0 0 0 0 0 0 0 Welfare 0 0 0 0 0 0 0 0 0 0 0 Wire 0 0 0 0 0 0 0 0 0 0 0 Counterfeit/Forgery 5 0 0 0 5 2 3 4 1 0 0 Extortion/Blackmail 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 Prostitution 0 0 0 0 0 0 0 0 0 0 0 Non-Forcible Sex Offenses 0 0 0 0 0 .0 0 0 0 0 0 Sex Offense 0 0 0 0 0 0 0 0 0 0 0 Obscenity 0 0 0 0 0 0 0 0 0 0 0 Buy/R.eceive/Poss. Stolen Property 3 0 0 0 3 2 1 3 0 0 0 DUI 69 1 1 0 68 51 17 68 1 0 0 Destruction/Damage/Vandalism 11 6 6 0 5 5 0 11 0 0 0 Gambling 0 0 0 0 0 0 0 0 0 0 0 Weapons Violations 7 0 0 0 7 7 0 7 0 0 0 Liquor Law Violations 19 0 0 0 19 14 5 14 5 0 0 Miscellaneous 108 20 14 6 88 76 12 69 35 0 4 TOTAL 1,102 347 183 164 755 483 272 819 274 0 9 AGENCY’: FL0502600 - Palm Beach Gardens PD REPORTING PERIOD: 2001 Annual CONTACT: (561)799-4478 Leah Wells CITY OF PALM BEACH GARDENS MEMORANDUM ’ ";:,,~AGERS Oi:r,O JAN 1 TO: DATE: FROM: SUBJECT: Ron Ferris, City Manager January 16, 2002 "/ Hoyt Owens, Public Works Director COUNCIL AGENDA / JANUARY 17.~ 2002 VIH. CONSENT AGENDA - ITEM "e" I have reviewed the subject consent item to further enhance the historical perspective of previous decisions made by the City. The original back-up documents for this item, that was submitted by Public Works staff on January 4, 2002, contains two points of misinformation. Roth Brothers, Incorporated submitted a quotation on December 1 l, 2001, which stated at the bottom of the quotation ’"’NOTE: Start-up date was 11/09/99 (per York) .... "Additionally, the statement that the York compressors had s~x (6) months of initial warranty is not correct. The project documents ,at the Growth Management file room have been reviewed and the following points have been confirmed: The York International Installation, Operation and Maintenance Manual specifically states that "York International warrants all equipment and materials . against defects and workmanship and materials for a period of one year from the initial start-up, or eighteen months from delivery (whichever occurs first) unless extended warranty has been agreed as part of the contract." (See - Attachment A) We performed a cursory review of the historical files and did not find the date that the York International equipment was delivered to the City’s municipal complex job site. The eighteen-month warranty period after delivery of equipment becomes a mute issue, with subsequent documentation that is presented further in this memo. Documents from Thermal Concepts, Incorporated, the mechanical contractor that installed the York equipment for the general contractor, Suffolk Construction Company, specifically delineates the date of the warranty for the equipment begins on January 10, 2000. (See - Attachment B, Attachment C, and Attachment D). Ron Ferris Memo - 01 / 16/02 Page 2 Documents from Suffolk Construction Company delineate that the Certificate of Warranty date was established, as January 11, 2000. (See - Attachment E, Attachment F, and Attachment The Certificate of Occupancy was issued for the City Hall, Fire Department and Police Department on February 28, 2000. (See - Attachment H). A sketch is attached, which delineates the location and maintenance to date on the air conditioning and chiller system on the south end of the City Hall building. (See - Attachment I). As noted, this is the first compressor failure on the systerr~ It appears that the one-year warranty period, as defmed by York International and Thermal Concepts, Incorporated documents, began on January 10, 2000, consequently, the one-year warranty period terminated on January 9, 2001. Hence, we are one-year plus beyond the last day of the manufacturer’s and mechanical contractor’s warranty period. Based on my discussion with Mr. Jack Hanson, Building Official, the City chose not to purchase extended warranties on any of the air conditioning components. Since Mr. Hanson was directly involved with the construction oversight committee, any further questions on the City’s decision for not purchasing an extended warranty on the equipment, should be directed to him for further insight. Mr. Rubin and I have discussed the content of this memo and all the attachments. if you have additional questions, or need clarification on any of the attachments, please call me. attachments: C."Jack Doughney w/attachments Mike Morrow w/attachments Len Rubin w/attachments Jack Hanson w/attachments File w/attachments a:accompressor 011602 council disk4 ~; I ~~--~ .~I~~00~EDSCR~W ,,Qu~D~ CH~ERS "~..~.1.~~~~_..~__,~~’~ . ., , ~ ~~00P~" " ~ "S~os: Nothing ¯ .....Fo~ 201 I~NM1 i~8) ~ , ,, ~ MILLENNIUM® . IR COOLED LIQUID CHILLER ATTACHMENT A YCAS 2 SYSTEM With EPROM YCAS 3 SYSTEM EPROM Microprocessor Board YDAS 4 SYSTEM EPROM Microprocessor Board 031-01798-002 031-01798-002 1 ,,~’x I 031-01798-001 I(Standard, Brine &- Metric Models. Combined) I/0 Board EPROM031-02018-001 ~’031-02016-001 I/O Board EPROM GENERAL INTRODUCTION York YCAS Millennium chillers are manufactured to the highest design and construction standards to ensure high performance, reliability and adaptability to all types of air conditioning installations. Tl~e unit is intended for cooling water or glycol solutions and is not suitable for purposes other than those specified in this manual. This manual and the Microprocessor Operating Instructions contain all the information required for correct installation and commissioning of the unit, together with operating and maintenance instructions. The manuals should be read thoroughly before attempting to operate or service the unit. All procedures detailed in the manuals, including installation, commissioning and maintenance tasks must only be performed by suitably trained and qualified personnel. The manufacturer will not be liable for any iniury or damage caused by incorrect installation, commissioning, operation or maintenance resulting from a failure to follow the procedures and instructions detailed in the manuals. WARRANTY CHIErER INFORMATION". &I"! AFETY . The initial sta~ of the u~ m~t ~ed om by trained pemonnel fmman A~ho~ Yo~ ~ ~nter. Only genuine York appr~ved~s~re ~ oils and ref~gerants must be scheduled ma=nte~~mt=ons detaded m by sui~bly trained to an con itions a=omatically void th~~;~~~a~n~ Policy, page ~. - , ,~ .; ~.~ -.:~ ~.~ ..-’ S~ndards for Safe~ YCAS Millenmum ch=llem am desig~d and bu~ w=th~n an ISO 9002 accred~ted:d~g~nd;manufactunng organization. The chille~~E~~s’, applicable sections of the following ~~’~d.C~es: ANS~ASH~E S~nd~ 15; ~~ f~r M~hani~l Re, get,on ANSI~FPA S~nda~ 70, ~~.~ (NEC) ASME Boiler and PressumVessei:C~e~ Section VIII Division 1 York International warrants all equipment and materials against defects in workmanship and materials for a penod of one year from initial start-up, or eighteen months from delivery (whichever occurs first) unless extended warranw. has been agreed as part of the contract. The warranty is limited to free replacement and shipping of any faulty part. or sub-assembly which has failed due to poor quality or manufactunng errors. All claims must ~oe supported by evidence ti~at the failure has occurred within the warranty period, and that the unit has been oDerated within the designed parameters specified. All warranty claims must specify, the unit model, serial number and order number. These details are printed on the unit identification plate. The unit warranty will be void if any modification tc tn~ unit is carded out without prior written approval from York International. ARI Standard 550/590, Cenid;dgal~and’Rotary Screw Water Chilling Packages in addition, .the chillers conform to.Underwriters Laboratories (UL) for construction otchiilersand provide UL/cUL listing label. RESPONSIBILITY FOR SAFEI"Y Every care has been taken in the designandmanufacture o~ the unit to ensure compliance~witl~the~:safety requirements listed above. However~the~individual operating or working on any machin~rY-,ispdmadly responsible for: Personal safety, safety of ott~er.;pemo~.n~...l~, and, the machinery. Correct utilization of the machinery ir=acco.,’dance with the procedures detailed in the manuals.,. For warranty purposes, the following conditions must be satisfied: Dunham-Bush Authorized Service Air Conditioning ¯ Refrigeration ¯ Ductwork ° System Controls 2201 College Avenue Davie, FL 33317 Staefa Control System Authorized Dea~er CACO 39;’21 - CSCO 4~S6t - CGCA 0793; Coml~any Broward: (954) 472-4,~Y5 + Dade: (305) 940-(3381 ÷ Fax:. (954) 370-6410 ATTENTION:City of Palm Beach Gardens 10500 North Military Trail P~alm Beach Gardens, Flodda 33410 FROM:Thermal Concepts, Inc. 2201 College Avenue Davie, Flodda 33317 DATE:December 10, 1999 City of Palm Beach Gardens Municipal Complex City Hall 10500 North Military Trail Palm Beach Gardens, Florida 33410 The undersigned guarantees, as required by the subcontract agreement and contract documents, to the Owner that they will be responsible for faulty or defective materials, equipment and workmanship, in the HVAC scope of work and that this entity will remedy all defects due thereto and pay for all damages to other work resulting therefrom which shall appear within a pedod of one (1) year from the date of which final acceptance of the City Hall for the City of Palm Beach Municipal Complex. During this period, upon written notice from the Owner, the undersigned shall proceed with due diligence at the undersigned’s expense to properly replace any defective materials and equipment or perform any labor necessary to correct any defective work. In case the undersigned fails, upon reasonable notice to remedy such defects, then the Owner may furnish such materials or labor as are necessary to bdng the work up to the standard called for by the contract documents, and the undersigned agrees to reimburse the Owner fully and promptly. SUBCONTRACTOR SIGNATURES AND WARRANTY MUST BE NOTARIZED. THERMAL CONCEPTS, INC. BY: Keith\J. Br(;L]Nn ConstJuction Division Manager DATE: KIMBERLY A. SHUFORD NOTARY PU~LJC - STATE OF FLCRIDACOMMISSION # CC~3~ EXPIRES S2P~ BGNI~F.D THOU AS~ t,-O~8-NOTARY 1 Air Conditioning. Refrigeration ¯ Ductwork ¯ System Controls 2201 College Avenue Dunham-Bush Davie, FL 33317 Staefa Authorized,~-Control Service c~co ~a~21 .csco 4=~t - cocA 07~-~System Company Broward: .(~>4) 4724465 + Dade: (30b-’) 9400381 + Fax: (g£>4) 370-6410 Authorized Dealer A-I--rACHM ENT C ATTENTION:City of Palm Beach Gardens 10500 North Military Trail P~alm Beach Gardens, Flodda 33410 FROM:Thermal Concepts, Inc. 2201 College Avenue Davie, Florida 33317 DATE:November 10, 1999 City of Palm Beach Gardens Municipal Complex Fire Station 10500 North Military Trail Palm Beach Gardens, Florida 33410 The undersigned guarantees, as required by the subcontract agreement and contract documents, to the Owner that they will be responsible for faulty or defective materials, equipment and workmanship, in the HVAC scope of work and that this entity will remedy all defects due thereto and pay for all damages to other work resulting therefrom which shall appear within a pedod of one (1) year from the date of which final acceptance of the Fire Station for the City of Palm Beach Municipal Complex. During this period, upon wdtten notice from the Owner, the undersigned shall proceed with due diligence at the undersigned’s expense to properly replace any defective materials and equipment or perform any labor necessary to correct any defective work. In case the undersigned fails, upon reasonable notice to remedy such defects, then the Owner may furnish such materials or labor as are necessary to bring the work.up to the standard called for by the contract documents, and the undersigned agrees to reimburse the Owner fully and promptly. SUBCONTRACTOR SIGNATURES AND WARRANTYMUST BE NOTARIZED. THERMAL CONCEPTS, INC. Div~ion Manager I~Y: Witr~ess )" "~ ~ DATE: KIMBERLY A. SHUFORD NOTARY PU~31.1C - STATE OF FLORIDA COMMISSION # CC893962 EXPIRES 12,F~2003 BONDED THRU ASA ~-SP~-NOTA~Y1 Dunham-Bush Authorized Service Air Conditioning ¯ Refrigeration ¯ Ductwork ° System Controls 2201 College Avenue Davle, FL 33317 Staefa Control System A uthoriz ed Dearer CACO 3~K21 - CSCO 4GS65 - CGCA 07S3£ Company Broward: (9G4).472~ * Dade: (305.).~I .., Fax: (954) 370-6410 ATTACHMENT D ATTENTION:City of Palm Beach Gardens 10500 North Military Trail palm Beach Gardens, Flodda 33410 FROM:Thermal Concepts, Inc. 2201 College Avenue Davie, Florida 33317 DATE:November 16, 1999 City of Palm Beach Gardens Municipal Complex Police Station 10500 North Military Trail Palm Beach Gardens, Florida 33410 The undersigned guarantees, as required by the subcontract agreement and contract documents, to the Owner that they will be responsible for faulty or defective materials, equipment and workmanship, in the HVAC scope of work and that this entity will remedy all defects due thereto and pay for all damages to other work resulting therefrom which shall appear within a period of one (1) year from the date of which final acceptance of the Police Station for the City of Palm Beach Municipal Complex. During this pedod, upon wdtten notice from the Owner, the undersigned shall proceed with due diligence at the undersigned’s expense to properly replace any defective materials and equipment or perform any labor necessary to correct any defective work. In case the undersigned fails, upon reasonable notice to remedy such defects, then the Owner may furnish such materials or labor as are necessary to bdng the work up to the standard called for by the contract documents, and the undersigned agrees to reimburse the Owner fully and promptly. SUBCONTRACTOR SIGNATURES AND WARRANTY MUST BE NOTARIZED. THERMAL CONCEPTS, INC. ~DATE: ConstEbction Division Manager I~Y: Wit’n~ess .~~ U DATE: ~~ E~x~s~ CERTIFICATEOF-WARRANTY ¯ ATTENTION: FROM: DATE: CITY OF PALM BEACH GARDENS 10500 N. Military Trail¯ Palm Beach Gardens, FL 33410 SUFFOLK CONSTRUCTION COMPANY 3801 PGA Blvd.,. Suite 1002 Palm Beach Gardens, FL 33410 January 12, 2000 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 The undersigned guarantees to the owner, as required by the subcontract agreement and contract documents, to the Owner that we will be responsible for faulty or defective materials, equipment and workmanship and furthermore will remedy all defects due thereto and pay for all damages to other work resulting there from which shall occur xvithin a period of one (1) year from the date of substantial completion. During this period, upon written notice from the Owner, the undersigned shall proceed with due diligence at the undersigned’s expense to properly replace any defective materials and equipment or perform any labor necessary to correct any defective work. CONTRACTOR SIGNATURES AND WARRANTY MUST BE NOTARIZED. SUFFOLK CONSTRUCTION COMPANY, INC. BY:NOTARY PUBLIC ~ (SE~. ........= ....... .LISA R. SEAVEY " ,~ NOT.~R’¢ PUBLIC- STATE OF FLORIDA ~ My Commission Expires Jan. 21, 2001 ,~.Comm. No. CC 614888 ’ 3801. PGA Boulevard, Suite 1002 Four Generations of Quality Construction ¯ Palm Beach Gardens, FL 33410 . Tel: (561) 625-411 Fax: (561) 625-0707 CERTIFICATE OFWA NTY FIRE STATION ATTENTION: FROM: DATE: CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, FL 33410 SUFFOLK CONSTRUCTION COMPANY 3801 PGA Blvd., Suite 1002 Palm Beach Gardens, FL 33410 January 12, 2000 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 The undersigned guarantees to the owner, as required by the subcontract agreement and contract documents, to the Owner that we will be responsible for faulty or defective materials, equipment and workmanship and furthermore will remedy all defects due thereto and pay for all damages to other work resulting there from which shall occur within a period of one (1) year from the date of substantial completion. During this period, upon written notice from the Owner, the undersigned shall proceed with due diligence at the undersigned’s expense to properly replace any defective materials and equipment or perform any labor necessary to correct any defective work. CONTRACTOR SIGNATURES AND WARRANTY MUST BE NOTARIZED. SUFFOLK CONSTRUCTION COMPANY, INC. NOTARY PUBLIC- STATE OF FLORIDA My Commission Expires Jan, 21, 2001 Comm, No. CC 614888 Four Generations of Quality Construction 3801 PGA Boulevard, Suite 1002 . Palm Beach Gardens, FL 33410 . Tel: (561) 625-4111 Fax: (561) 625-0707 CERTIFIC ATEO F WARRANTY POLICE STATION. ATFENTION: FROM: DATE: CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, FL 33410 SUFFOLK CONSTRUCTION COMPANY 3801 PGA Blvd., Suite 1002 Palm Beach Gardens, FL 33410 January 12, 2000 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 The undersigned guarantees to the owner, as required by the subcontract agreement and contract documents, to the Owner that we will be responsible for faulty or defective materials, equipment and workmanship and furthermore will remedy all defects due thereto and pay for all damages to other work resulting there from which shall occur within a period of one (1) year from the date of substantial completion. During this period; upon xvritten notice from the Owner, the undersigned shall proceed with due diligence at the undersigned’s expense to properly replace any defective materials and equipment or perform any labor necessary to correct any defective work. CONTRACTOR SIGNATURES AND WARRANTY MUST BE NOTARIZED. SUFFOLK CONSTRUCTION COMPANY, INC, /~5~tich~_ ea~mier LISA R. SEAVI=¥ NOTARY PUBLIC- STATE OF FLORIDA My Commission Expires Jan. 21, 2001 Comm. No. CC 614888 " 3801 PGA Boulevard, Suite 1002 Four Generations of Quality Construction . Palm Beach Gardens,FL 33410 . Tel: (561) 625-4111 Fax: (561) 625-0707 .Building Division ,urt.,cate uucupancy Fire Station This doc~Jment certifies that the building(s)Io~ied a’t tli~b~iow address has been inspected and found to comply with all Code’requirements to the best of my knowledge and belief. The building(s) is hereby approved for all utility service and occupancy for use stated in the permit. Address: 10500 *N. Military Trail - MC Palm Beach Gardens, FL Construction Type:Commercial Building Property Control Number:52-42-42-12-00-000-1160 Permit Number:33301 Permitted Use:Governmental Offices Date: 2/28/2000 Owner:City of PB6 ..... 10500. N. Military Trail Palm Beach Gardens, FL 33410 Building Official If said usage should change, a new Cemficate of Occupancy must be issued, after inspection/approval of total Growth Management City of Palm Beach Gardens Building Division Certificate of Occupancy _ Police ¯Depa~ rtment. This document certifies that the building(s) located at the below address has been inspected and found to comply with all coae requirements the best of my knowledge and belief. The building(s) is hereby approved for all utility service and occupancy for use stated in the permit. Address:10500 *N. Military Trail - MC Palm Beach Gardens, FL Construction Type:Commercial Building Property Control Number:52-42-42-12-00-000-1160 Permit Number:33301 Permitted Use:Governmental Offices Date: 2/28/2000 Owner:City of PBG* 10500 N. Military Trail Palm Beach Gardens, FL 33410 Building Official said usage should change, a new Certificate of Occupancy must be issued, after inspection/approval of total Growth Management City of Palm Beach Gardens Building Division AdministrativeCertificate of Occupancy This document certifies tidal i/~e bu Iding(s) located at thebelow address has been inspected and found to(~’n~all code requirements the best of my knowledge and belief. The building(s) is hereby approved for all utility service and occupancy for use stated in the permit. Address:10500 *N. Military Trail - MC Palm Beach Gardens, FL Construction Type:Commercial Building Property Control Number:52-42-42-12-00-000-1160 Permit Number:33301 Permitted Use:Governmental Offices Date: 2/28~2000 Owner:City of PBG* 10500 N. Military Trail Palm Beach Gardens, FL 33410 Building Official If said usage should change, a new Certificate of Occupancy must be issued, after inspection/approval of total ATTACHMENT I COMMENTS FROM THE PUBLIC Request to Address City Council Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council rnust 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 PUEILIC Request to Address City Council Please Print Name: /~- ~ X ~ I.~ -~/"~.~". 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 PUEILIC //]Request to Address City Council / / Please Print / Name: ~/~ ,~///~.-~" Address: ~¢’ Subject: , Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Name: Address: City: Subject: 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: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: Address: City: COMMENTS FROM THE PUBLIC Request to Address City Council Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address:~L~{.I L~ ~o!~ ~E{~L 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 PUE~LIC Request to Address City Council Please Print . ! dd ess: ,~/~, ~,,, potion of the agenda an~u~"Public Hearings". This Request to Address the Ci~ Council must be delivered to the Oi~ Clerk prior to the ~ommencement 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 Pri~ cJ~Name:0~ ~ Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. ...