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Home My WebLink AboutAgenda Council Agenda 020702City of Palm Beach Gardens Council Agenda February 7, 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. IIl. IV. Vo VI. VII. Vlll. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 7, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: Municipal Complex Art Task Force. Police Department - Certificate of Accomplishment. ITEMS & REPORTS BY MAYOR AND COUNCIL: a.Wireless Telecommunications Facilities Workshop. CITY MANAGER REPORT: a.Quarterly Financial Report. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: ao Consideration of approving Minutes from the January 10, 2002 Regular City Council Meeting. Resolution 149, 2001 - Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. Consideration of approving Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. Co Resolution 152, 2001 - PGA Commons Plat 2 Plat. Consideration of approving PGA Commons Plat 2 Plat. do Resolution 10, 2002 - Special Master. Consideration of appointing Kevin M. Wagner to serve as Code Enforcement Special Master and executing the agreement. e°Resolution 13, 2002 - EMPA Grant for Fire Training. Consideration of authorizing execution of an application for State of Florida Division of Emergency Management Community Affairs funds for a fire training facility, and to enter into an agreement for the monies. Resolution 14, 2002 - Irrigation End User Agreement for Fire Station #4. Consideration of approving an Irrigation End User Agreement for Fire Station #4 (Mirasol) between the Mirasol Master Maintenance Association, Inc. and the City of Palm Beach Gardens. g°Resolution 16, 2002 - Rescue Chassis. Consideration of authorizing the exchange of surplus property. ho Resolution 17, 2002 - American Red Cross. Consideration of approving an agreement with the American Red Cross for the use of City facilities as a command post. Resolution 18, 2002 -PBA Contract - Police Officers, Sergeants and Communications Operators. Consideration of approving and ratifying an agreement with the Police Benevolent Association for Police Officers, Sergeants and Communications Operators employed by the City’s Police Department for Fiscal Years 2001-02, 2002-03 and 2003-04. jo Resolution 19, 2002 - PBA Contract - Lieutenants. Consideration of approving and ratifying an agreement with the Police Benevolent Association for Lieutenants employed by the City’s Police Department for Fiscal Years 2001-02, 2002-03 and 2003-04. ko Resolution 20, 2002 - Award of Contract - Artists. Consideration of approving two agreements for the creation, delivery and installation of sculptures for the City’s Municipal Complex. Resolution 21, 2002 - Evergrene PCD Plat. Consideration of approving the Evergrene PCD Plat. mo Resolution 23, 2002 - GSG Contract - PGA Flyover Assessment Program. Consideration of approving an agreement with Government Services Group (GSG), Inc. to provide preliminary program testing procedures. IX. PUBLIC HEARINGS: ao Resolution 81, 2001 Regional Center NOPC Altering Master Plan Parcels 27.09 & 27.13. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, redistribute the acreage of Parcel 7 between Parcel 2 and the Community Serving Open Space Area around Lake Victoria, increase the square footage of Commercial Uses by 200,000 square feet, and amend condition #1 to establish and adopt a Land-Use Conversion Matrix and General Land-Use and Design Guidelines for the area west of the Water Management Tract and south of Gardens Boulevard;; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. bo Ordinance 8, 2002 - Hungryland Slough Rezoning from PDA to Conservation (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning approximately 730.3 acres of land known as "Hungryland Slough" and located on the west side of Bee Line Highway, approximately 3.5 miles north of the intersection of PGA Boulevard, as described herein, from Planned Development Area (PDA) to Conservation (CONS); amending the official City zoning providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: ao Resolution 182, 2001 -Evergrene Site Plan. Consideration of 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. bo Resolution 1, 2002 - PGA National Gates/Traffic Control Agreement Amendment. Consideration of approving an amendment to the PGA National Traffic Control Agreement in order to limit vehicular access between the hours of 6:00 PM and 6:00 AM to residents only. Co Resolution 15, 2002 - Gardens Mall - Two Restaurants. Consideration of approving a Site Plan application for two restaurants within the Gardens Mall totaling approximately 10,903 Square feet, located within the Regional Center DRI along PGA Boulevard. XI. ORDINANCES: (For Consideration on First Reading) ao Ordinance 1, 2002 - Floodplain Management Ordinance (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the enactment of a Flood Damage Prevention Plan to conform to the National Flood insurance Act of 1986, as amended, and the adoption of Floodplain Management Regulations that meet the standards of the National Flood Insurance Program; providing for repeal of Ordinance 4, 1987 and existing regulations; providing for the revision of Section 78-523, "Design Storm"; providing for a new Subdivision VI of Division 9 of Article V of Chapter 78 of the City Code of Ordinances entitled "Floodplain Regulations," providing for codification; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY 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. IV. PRESENTATIONS: a. Municipal Complex Art Task Force. IV. PRESENTATIONS: b. Police Department - Certificate of Accomplishment. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: a.Wireless Telecommunications Facilities Workshop. LAND DEVELOPMENT § 78-159 ~ ~(64) (62)Utility plant: and major substation. Water treatment, sewer treatment, electric, gas or other utility plants and major substations are permitted as a conditional use in the following zoning districts: P/I, PDA, CONS, M1, M1A, and M2. Utility plants and major substations shall comply with the standards listed below. a. The plant shall be compatible with surrounding land uses. b.The plant shall implement city-approved odor control policies if sludge is stored on-site. c.The plants are setback a minimum of 500 feet from any property with a residential future land use or zoning designation, or property used as a public park. d.The plants are setback a minimum of 250 feet from any property with a nonresidential future land use or zoning designation. e. A perimeter landscape buffer of at least 25 feet in width shall be provided on all sides of the plant. Landscaping within the buffer shall comply with the require- ments of division 7 of article V. f.Vehicular access shall be provided from a city collector, county minor arterial, state minor arterial, state, or state principal arterial roads. (63)Utilities, minor. Minor utilities include utility poles, utility substations, service boxes for underground electrical, telephone and cable utilities, lift stations, telephone switching equipment, and unstaffed exchange buildings. Minor utilities shall comply with the stm~dards listed below. a.Existing utility poles installed by public utility companies are not required to comply with mi~mum setbacks of this chapter. b.All new or replacement poles shall be concrete and shall conform to city standards with regard to location within public rights-of-way and easements. c.Minor utility facilities may be required to be screened if visible from ~ public rights-of-way or properties with a residential future land use or zoning designa: tion. Wireless telecommunications facilities. Wireless telecommunications facilities may be installed subject to the standards and requirements listed below. a.Purpose. The purpose of this section is to establish standards for the siting of wireless telecommunications towers and antennas. The standards are intended to provide the benefits listed below. 1. Protect and promote the public health, safety, and general welfare of the residents of the city. 2.Minimize potential adverse impacts of towers and antennas on residential areas and land uses. Supp. No. 10 CD78:147 § 78-159 PALM BEACH GARDENS CODE Co 3.Encourage the location of towers in nonresidential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. 4.Minimize the total number of towers throughout the community by strongly:: enconraging the co-location of antennas on new and pre-existing towers or,~ other structures as a primary option rather than construction of additional single-use towers. 5.Encourage users of towers and antennas to locate such facilities in a manner that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camou- flaging techniques. 6.Enhance the provision of telecommunications services to the community through an efficient and timely application process. Additional standards. In furtherance and support of the standards contained herein, the city shall at all times give due consideration to the city’s comprehen- sive plan, zoning map, land development regulations, existing land uses, future land uses and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of towers and antennas. Definitions. Notwithstanding the definitions of section 78-751, the following terms shall have the meanings set forth below, and shall control over any other definition contained herein. Alternative tower structure means a structure that camouflages or conceals the presence of a telecommunication tower, such as manmade trees, clock towers, bell steeples, light poles, utility poles, and similar alternative designs. Antenna means a transmitting or receiving device mounted on a tower, building, or structure used in telecommunications and personal wireless services that radiates or captures electromagnetic waves, digital signals, analog signals, or radio frequencies, including, without limitation, directional antennas such as panel..and microwave dish antennas~-and~mni~directional .~antennas such as whips,~ but excluding radar antennas~amateurradi~ antermas and satellite earth’~ st~tio,~s. Backhaul network means the lines that connecta provide~’S:t0wers and Cell. sites to one or more cellular telephone switchingpffices~:the~.p~blic: switched telephone network, or long distance providers-.. Broadcasting facility means any tower built primarily for tlie purpose of broad- casting AM, FM, or television signals, Equipment cabinet (cabinet) means any structure used to .enclose mechanical equipment to use with or service a tower or antenna. Essential service means those services provided by the city and other governmen- tal: entities that directly relate to the health:~and Safety:of;the ~city’s residents, including fire, police, and rescue services:: Supp.~;NO~ ,10 CD78:148,~-~ LAND DEVELOPMENT § 78-159 Extraordinary conditions means conditions which occur subsequent to a hurri- cane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection. FAA means the Federal Aviation Administration. Fair market value means the price at which a willing seller, or tower operator, and willing buyer, or service provider seeking to rent space on an operator’s tower, will trade. FCC means Federal Communications Commission. Guyed tower means a telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. Height means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna or other apparatus. Lattice tower means a communication tower that is constructed to be self- supporting by lattice-type supports and without the use of guy wires or other supports. Microwave dish antenna means a dish-like antenna used to link communication, telecommunication, and personal wireless services sites together by wireless transmission of voice or data Monopole tower means a communication tower consisting of a single pole or spire, self-supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports. Operator means an individual, partnership, association, joint-stock company, trust, corporation, limited liability corporation, or other legal entity engaged in the control or maintenance of all instrumentalities, facilities, and apparatus incidental to wireless telecommunication transmission, including, but not limited to, a tower, antennas, associated buildings, cabinets, and equipment. For pur- poses herein, an operator may or may not hold a sublease, license, agreement, or title to the lot on which a tower is sited. Pre-existing towers and pre-existing antennas mean any tower or antenna for which a building permit or special use permit has been properly issued prior to January 22, 1998, including all legally existing towers and antennas, whether permitted or not. Provider means an individual, partnership, association, joint-stock company, trust, corporation, limited liability corporation, or other legal entity holding a license of the proper class, as prescribed and issued by theFCC, and authorized to offer telecommunications services to the public through radio transmission. A provider is not necessarily an operator, as defined in this section; however, a provider may obtain a license or lease space or equipment from an operator. Supp. No. 10 CD78:149 § 78-159 PALM BEACH GARDENS.CODE State-of-the-art means existing technology with that level oftechnological perfor- mance, capacity, equipment, components, and service equal to or more advanced than the technology used by comparable facilities located in comparable commu- nities in the state, For purposes of this definition, it is established that different. types of facilities, i.e., PCS, cellular, or EMSR, are not considered comparable t0 each other, only to those facilities of a similar type. Stealth facility means any telecommunications facility which is designed to blend into the surrounding environment. For example, architecturally screened roof- mounted antennae, building-mounted antennas painted to match the existing structure, and antennas integrated into architectural elements. Telecommunications facility means a facility that is used to provide one or more telecommunications services, including, without limitation~ radio transmitting towers, other supporting structures, and associated facilities used to transmit telecommunications signals, excluding amateur radio transmitting towers and broadcasting facilities: An open video systen~is not a telecommunication facility to the extent that it provides only video services, and a cable system is not a telecommunications system to the extent that it provides only cable service. Telecommunications services means the offering of telecommunication services (or the transmission, between or among points specified by the user of informa- tion, without change in the form or content of the information), for a fee, directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telecommunications tower means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended to provide telecommunication services, including lattice, monopole, and guyed towers. The term includes personal wireless service facilities used for the provision of commercial mobile services, unlicensed wireless services which are those telecommunications services using duly authorized devices which do not require individual licenses, and common carrier wireless exchange access service. The term does not include radio and television transmission towers, amateur radio transmitting towers, or broadcast facilities. Whip antenna means a cylindrical antenna that transmits signals in 360 degrees. Applicability. 1.New towers and antennas. Applicants seeking to construct towers or antennas in the city shall be subject to these regnlations, except where specifically excluded. 2.Broadcasting facilities; amateur radio station operators; receive-only anten- nas; and remote telemetry units. The requirements contained herein shall not apply to any tower or antenna that is installed for the use of a Supp. No. 10 CD78:150 eo LAND DEVELOPMENT § 78-159 broadcasting facility, or is owned and operated by a federally licensed amateur radio station operator, or is used exclusively for receive-only purposes, or is a remote telemetry unit antenna. 3.Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be subject to these requirements, except where specifi- cally provided. General requirements. 1.Pre-application conference. Applicants subject to these requirements shall request a pre-application conference with the growth management depart- ment. The applicant shall reimburse the city for any and all costs and fees incurred by the city as a result of the pre-application conference. 2.Inventory of approved sites. Each applicant shall review the city’s inventory of approved sites and shall establish, to the reasonable satisfaction of the growth management department, that no existing tower, structure, or state-of-the-art technology exists which can accommodate, or be modified to accommodate, the applicant’s proposed antenna due to one or more of the reasons listed below. (i)Existing towers or structures located within the geographic search area as determined by a radio frequency engineer do not have the capacity to provide reasonable technical service consistent with the applicant’s technical system, including, but not limited to, applicable FCC requirements. (ii)Existing towers or structures are not of sufficient height to meet applicable FCC requirements. (iii)Existing towers or strictures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment. (iv)The applicant’s proposed antenna would cause electromagnetic or radio frequency interference with an antenna on an existing tower or structure, or an antenna on an existing tower or structure would cause interference with the applicant’s proposed antenna. (v)The fees, costs, or contractual provisions required by the operator in or to share an existing tower or structure, or to adapt an existing tower or structure for share are unreasonable. Such determination shall be made by the growth management department. Costs exceeding new tower development costs are presumed to be unreasonable. (vi)Such other limiting factors that render existing towers and structures unsuitable. (vii.)The cost of implementing state-of-the-art technology used in the wireless telecommunications industry and within the scope of the applicant’s FCC license is unreasonable or the technology is unsuit- Supp. No. 10 CD78:151 § 78-159 PALM BEACH GARDENS CODE able. Costs of state-of-the-art technology which exceed new tower or antenna development shall not be presumed to render the technology unreasonable or unsuitable. (viii) An applicant does not have or cannot reasonably obtain the legal right to utilize an existing tower. Engineering report. All applicants for new towers or applicants seeking to modify or reconstruct a pre-existing tower to accommodate additional antennas shall submit to the growth management department an engineering report certified by a professional engineer licensed to practice in the state. If the city does not accept the report as provided as accurate, or if the city disagrees with any part of the report, the time in which an applicant is processed as provided herein shall be tolled pending further evaluation. The engineering report shall contain the information indicated below. 1.A site development plan, drawn to scale, including, without limitation, a legal description of the parent tract and leased parcel, if applicable; on-site and adjacent land uses; future land use designation of the site; and, a visual impact analysis (VIA) or a photo digitalization of the tower and all attachment, including associated buildings and equipment containers at the property. The VIA to be conducted from four points mutually agreed upon in a pre-application conference. 2.If applicable, a narrative of why the proposed tower cannot comply with the requirements of this section. 3.The type of tower and specifics of design. 4.The current wind-loading capacity and a projection of wind-loading capacity using different types of antennas as contemplated by the applicant. Towers shall meet or exceed the wind-loading capacity as provided by the Southern Standard Building Code, as amended or as otherwise replaced by state law. 5.A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television, or similar service, as well as other wireless services enjoyed by adjacent residential and nonresidential properties. 6.A statement that all construction shall comply with all applicable building codes, associated regulations, and safety standards provided herein. For all towers attached to existing structures, the statement shall include certifi- cation by a professional engineer licensed to practice in the state that the structure can support the load superimposed by the proposed tower. 7.Unless specifically exempted by the provisions herein, all towers shall have the capacity to multiple users, as follows: monopole towers shall be able to accommodate at least two .users; and lattice and guyed towers, at a :minimum, shall be able to accommodate three users. Supp. No. 10 CD78:152 LAND DEVELOPMENT § 78-159 8.A written statement addressing the applicant’s ability to share its proposed tower, including: the geographical service area requirements; any mechan- ical or electrical incompatibility; and any restrictions or limitations of the FCC that would preclude the shared use of the tower. 9.Any additional information deemed necessary by the growth management director to fully assess compliance with the requirements contained herein. g.Aesthetics. Towers and antennae shall comply with the requirements listed belowl 1.Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FCC or FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2.At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscap- ing that will blend into the natural setting and surrounding buildings to minimize the visual impact. 3. All tower sites, including the entire parcel or parcels controlled by the operator, must comply with city landscaping requirements. The growth management director may require landscaping in excess of standard re- quirements in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained at the operator’s expense to ensure good health and viability. Telecommunica- tions facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications facility from adjacent residential properties, such facility consisting of the base of the tower and antennas, backhanl network, and any structure or equipment cabinet. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. 4.If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. h.Lighting. Signals, artificial lights, or illumination shall not be permitted on any antenna or tower unless required by the FAA or the FCC. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance or visual impacts to the adjacent properties, while maintaining compliance with federal standards. i.Setbacks. Towers must be set back from all tower lot lines a minimum distance of 110 percent of the height of the tower. j.Separation. Any tower shall be separated from any other tower by a distance of not less than one mile, as measured by a straight line between the bases of the towers. .Supp. No. 10 CD78:153 § 78-159.~PALM BEACH GARDENS:CODE mo Oo Supp~:Noi..10~ Setback and separation applicability. T0wersetback~andseparation requirements shall be applicable to all telecommunication facilities located in the city, irrespec- tive of municipal and county jurisdictional- boundaries. Height. Towers shall not be constructed at a height in excess of the maximum~ limits provided below: 1.100 feet for a tower with capacity.for a single user;- 2.!125 feet for a tower with a capacity for two. users; or 150 feet for a tower with a capacity :for :.three or more users. Local, state, or federal requirements.: The construction:~, operation, and repair of telecommunication facilities are subject.to-, the :review:::and approval~ of the city, and shall be performed in .compliance:with: all:laws~ ordinances, and-practices affecting .such facilities, including but not llmlted~toland~development .regula- tions, building codes, safety codes, and as provided herein. All construction, operation, and repair shall be performed in a manner consistent with applicable industry standards, including the electronic industries association. Prior to the issuance of a building permit by the city, all towers and antennas must meet or exceed applicable standards and regulations of the FAA and FCC, including emissions standards, and any other agency of local, state, or federal government with the authority to regulate towers and antennas. Retroactive application. If applicable local, state, or federal, standards and regulations require re~oactive application, the operators of the towers and antennas subject to these requirements shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is provided by a controlling, state or federal agency. Signs. Excluding any warning signs as provided herein, signs shall not be allowed on any part of an antenna, tower, or-antenna or tower .site. For the purposes hbreini: signs shall include commercialk ad~ertising;.~ noncommercial Signs,: logos~ p01iti’Cal signs# flyers, flags, or:banners:::Ahy~.signs,,pliiced~in, violation " of :thiS subsection shall be removed~immediately.at~the’operator’s=~:expense~ Nbtwith~ standing any .other provisions of:the city’s~land~development ~regulations, the warning, signs listed below shall be utilized in~connecti0n~-~with~a :tower or antenna site~: 12 If high voltage is necessary of the operation of the tower or any accessory structures, "HIGH VOLTAGE:- DANGER"warning signs shall~ be perma- nently attached to the fence or wall surrounding the structure-and spaced not more than 40 feet apart. 2,,"NO TRESPASSING" warning:signs shall!be~-permanently~attachedt0 the fence or wall surrounding the~sm~cture; and:Space&.hot~:more than:40 feet-,~ apart. CD78~5~,:~ LAND DEVELOPMENT § 78-159 3.The height of the lettering of the warning sighs shall be at least 12 inches. The warning signs shall be installed at least five feet above the finished grade. 4.The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping. p. Security fencing. Towers shall be enclosed by security fencing which measures not less than six feet in height, and shall be equipped with an appropriate anti- climbing device or devices. q. Non-essential services. Towers and antennas shall be regulated and permitted pursuant to the requirements contained herein~ and shall not be regulated, permitted, or defined as an essential service, public utility, or private utility. r. Franchises~licenses. Operators of towers or antennas shall certify that all franchises/licenses required by law for the construction or operation of a wireless commu:nications system in the city have been obtained and shall file a copy of all required franchises/licenses with the growth management department prior to the issuance of the building permit. The certification shall be submitted annually to the growth management department. s. Public notice. For purposes of this section, and not withstanding any other requirements with regard to public notice in the city’s land development regulations, applicants shall comply with the public notice procedures of the growth management department. t. Cost reimbursement. Each applicant shall reimburse the city for all costs incurred by the city for the review and processing of any application submitted pursuant to the requirement contained herein, including but not limited to engineering expenses, legal expenses, expenses associated with use of consultants to review such applications, and the cost or cost~ 0f any document or drawings associated with such review. The applicant shall reimburse the city within five days of the date of the receipt of an invoice for such expenses. Failure by the applicant to make such reimbursement when due shall abate or delay the pending application until paid in full. u. Reporting. Not less than every two years, at a time determined by the growth management director, operators shall submit a report to the growth management director certifying structural and electrical integrity of towers, antennas, and any similar structures. Each report shall be accompanied by a non-refundable fee of $200.00, or as otherwise determined by the city council, to reimburse the city for the cost of the review. v..Inspections. The city may conduct periodic inspections of towers and antennas, at the operator’s expense, to ensure structural and electrical integrity, and compli- ance with all requirements contained herein. The city may require more firequent inspections should there be an emergency, extraordinary conditions, or other Supp. No. 10 CD78:155 § 78-159 PALM BEACH GARDENS CODE reason or reasons to believe that the structural or electrical integrity of the tower or antenna is jeopardized. There shall be a maximum of one inspection per year unless an emergency or extraordinary conditions warrant otherwise. w.Co-location of antennas. 1.Incentives. Pursuant to the intent of these requirements, applicants seeking to co-locate antennas on existing towers shall be entitled to the incentives listed below. (i)A complete application shall be reviewed by the growth management department within 45 working days of receipt. (ii) The growth management director may waive certain requirements contained in subsection e. of these requirements. (iii) An application may be admiaistratively approved by the growth management director, or if not so approved within 45 working days, the application shall be submitted to the city council for review. x.Criteria for approval. An applicant for co-location may be administratively approved if the tower which is modified or reconstructed to accommodate the co-location of an additional antenna meets one or more of the criteria listed below. 1. It is the same or substantially similar tower type as the original tower. 2.It is a tower type which is less obtrusive, specifically a stealth tower or a monopole tower. 3.It is modified or rebuilt to a taller height to accommodate the co-location of one or more additional antennas, subject to the m~x~m~lm height restric- tions contained herein. The provision also shall be applicable to utility and power poles. y. Replacement. A tower which is being replaced to accommodate the co-location of one or more additional antennas may be located on-site within 50 feet of the pre-existing tower. After the replacement tower is constructed, only one tower may remain on the site. A tower built to replace a pre-existing tower shall continue to be measured from the location of thepre-existing tower for purposes of separation distances between towers. z.Antenna, microwave dish, and cable microcell review. An antenna which is intended to be attached to any commercial, industrial, professional, or institu- tional structure, including utility or light pole, may be approved on an adminis- trative basis or as an administrative amendment by the growth management director. Applications for such administrative approval shall comply with the standards listed below. 1.The antenna does not extend more than 15 feet above the highest point of the structure. 2.The antenna complies with all applicable FAA and FCC regulations, and all applicable building codes. Supp. No. 10 CD78:t56 LAND DEVELOPMENT § 78-159 aa. To minimize adverse visual impacts, the antenna has been selected based upon the following priority: (1) stealth, (2) panel, (3) whip, and (4) the first priority is not selected, the applicant shall demonstrate, in a manner acceptable to the growth management director, why each subse- quent priority cannot be used for a particular application. M~crowave dish antennas may be administratively approved if such dishes are: {i)Located less than 65 feet above the ground and do not exceed six feet in diameter; or (ii)Are located 65 or more feet above the ground and do not exceed eight feet in diameter. Ground mounted dish antennas shall be located or screened so as not to be visible form abutting public streets. 5.Installation of a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems such as conventional cable or telephone wires, or similar technology that does not require the use of towers may be reviewed by the growth management director on an administrative basis or as an administrative amendment. Permitted uses on public property. 1.General. This subsection is applicable to applicants seeking to locate antennas and towers on property owned, leased, maintained, or otherwise controlled by the city or property possessing a P/I zoning designation. The city council reserves the right to modify or waive the requirements for locating on public property and shall not be required to provide access to public property. 2.Standards for approval. All applications requesting approval to locate towers or antennas on public property shall comply with the requirements listed below. (i)Submission of an application to the growth management department, including all information as required by subsection e. herein. (ii)Applications shall be reviewed by the city council within 30 days from the submission of a competed application. (iii)The city council, at its discretion, may waive or modify certain requirements contained herein, including setback and separation requirements, consistent with the provisions of section 78-158. (iv)An application submitted by a public agency to locate a tower or antenna in accordance with the requirements herein, may be admin- istratively reviewed. However, administrative review shall occur only if the tower or antenna is intended for use for public purposes only and is not intended or used for commercial or financial gain. Supp. No. 10 CD78:157 § 78-159 ....PALM BEACH-GARDENS CODE. bb. Lease or agreement required. Use of city property for location of a tower or antenna shall require a lease or other agreement approved by the city council, consistent with the requirements listed below. 1.Prior to or concurrent with approval of an application for construction,~ installation, or placement of a telecommunications facility of property owned, leased, or otherwise controlled by the city,, the applicant shall execute a lease or other agreement in a form acceptable to the city. 2.The city may require, as a condition of entering into a lease or other agreement with an applicant, the dedication of space on the tower for public health and safety ~purposes, or property .improvements. to the site. Any dedications or improvements-shall-be negotiated prior~to execution of the lese. The city may, in its discretion, provide a license, lease agreement, or other agreement in lieu of a lease. 3.A lease or license granted as provided herein shall not convey any exclusive right, privilege, permit, or franchise to occupy of use the public lands of the city for delivery of telecommunications services or any other purpose. A lease or license granted as provided herein shall not convey any right, title, or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the llm~ted purposes or temporary uses, and the term stated in the lease or license. A lease, license, or other agreement shall not be construed as aconveyance of a title interest in the property. cc:Permitted uses on private property. 1.General. The requirements listed below shall apply to all applicants seeking to located towers or antennas on private property. (i)Each application shall include:the information as required::in subsec- tion e. herein. (ii)Each application shall be, accomp_am’e~:~by:~an.on~refundob!e-fee of: $1,500.00, or as otherwise dete.rm~’~ned:b:~:the~city::~councfl, to,reimburse. the city for the costs of reviewLa~.the~application. (iii~The city shall respond to:: each :app.!icatioa.~t~ :the: time. dictated .by the nature and scope of the~individual vequest~ subject to the::generally applicable time frames and pursuant tothe intent of Section 704 of the Federal Telecommunications Act of 1996~ butin no event more than 45 working days for an administrative review and decision ofthe appli- cation. Building permit applications shall: be processed: within a reasonable period of time~ (iv)If an application submitted as provided :herein is denied, the applicant shall file a development.:appllcation.~for~cond~tion~use.approval prior. to filing any appeal based,:.upon-.the~de~al: SuppvNo~-10~CD78~lf~8~ LAND DEVELOPMENT § 78-159 dd. ee. ggo Permitted land uses. Location of a tower may be permitted in the industrial or commercial future land use categories, subject to the requirements contained herein. Application and review. 1.Applications for development order approval to locate a tower on property possessing an industrial or commercial future land use designation shall be subject to review by the city council through the major site plan review process. In addition to any other requirements of this chapter, such applications shall include the information as required by subsection e. herein. 2.Applications for development order approval to locate an alternative tower structure on property possessing an industrial or commercial future land use may be granted administrative approval by the growth management director Conditional use review. 1.General. The provisions contained within this subsection shall apply when a development application or construction of a tower or placement of an antenna fails to meet all of the criteria and standards for approval as contained herein. A development application for a conditional use shall include all the information described in subsection e. herein, information required by section 78-52 applicable to conditional uses, and such other reasonable requests for information as the city may require. In addition to any other requirements contained herein or as provided in section 78-52, the provisions listed below shall govern conditional use approval by the city council. (i)Compliance with the requirements and procedures applicable to devel- opment applications for a conditional use. (ii) In granting such conditional use approval, the city council may impose conditions, to the extent the city council deems such conditions are necessary, to minimize any adverse effect of the proposed tower or antenna on adjoining properties. (iii)Any information of an engineering nature that is submitted by an applicant, whether civil, mechanical, or electrical, shall be certified by a professional engineer licensed in the state. Separation. All towers and antennas for which conditional use approval is necessary shall be separated from residential land uses, as designated by the applicable comprehensive plan or land development regulations, by the greater of 500 feet or 300 percent of tower height. Tower separation shall be measured from the base of the tower to the lot line of the nearest residential use. Supp. No. 10 CD78:159 § 78-159 PALM BEACHGARDENS CODE hh. Standards for approval. In addition to any other standards utilized to consider a request for development order approval of a conditional use, the factors listed below also shall be considered by the city council when considering such applications. 1.Availability of suitable existing towers, other structures, or state-of-the-art technologies not requiring the use of towers or structures, as provided herein. 2. Height of the proposed tower. 3.The setback and separation distances between the proposed tower and the nearest properties possessing a residential future land use designation. 4.Nature of uses on adjacent and nearby properties. 5.Topography of surrounding properties. 6.Existing vegetation, tree coverage, and foliage on the proposed tower site and surrounding properties. 7.The design of the proposed tower, with particular reference to design characteristics that have the effect or reducing or eliminating visual obtrusiveness. 8. Proposed ingress and egress to the site. ii.Buildings or other equipment facilities. The standards listed below shall apply to buildings or other equipment facilities. 1.Antennas mounted on structures or rooftops. The equipment cabinet used in association with antennas mounted on structures or rooftops shall comply with all the standards listed below. (i)For buildings which are either not more than four stories in height or not more than 64 feet in height, a cabinet shall not be located on the roof of the structure if it exceeds 100 square feet or gross floor area or three feet in height. This restriction :shall not apply if the cabinet is completely screened from view, as provided in this chapter, or the cabinet is completely screened in a manner consistent with the architectural style, colors, and materials of the structure on which the cabinet is located. (ii)For all other buildings or:structures; thecabinet shall not occupy more than 450 gross square feet or be more than eight feet high. This restriction shall not apply if the cabinet is completely screened in a manner consistent with the architectural style, colors, and materials of the structure on which the cabinet is located. (iii)A structural analysis of-the supporting building or structure, per- formed by a professional engineer, shall.be submitted as part of the application. Supp. No. 10 CD78:t60 LAND DEVELOPMENT § 78-159 (iv)Cabinets shall comply with all applicable building codes and land development regulations, including minimum required setbacks, as provided in this chapter. jj.Antennas mounted on utility or light poles. The equipment cabinet used in association with antennas mounted on utility or light poles shall comply with the standards listed below. 1.A cabinet may be located within a side yard setback of a residential zoning district if the cabinet is not more than eight feet in height and does not occupy more than 300 square feet of gross floor area. The cabinet shall be set back at least five feet from any lot line. The cabinet shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches, and a planted height of at least 36 inches. 2.A cabinet may be located within a rear yard setback of a residential zoning district if the cabinet is not more than eight feet in height and does not occupy more than 300 square feet of gross floor area. The cabinet shall be screened by an evergreen hedge with an ultimate height of at least 72 inches, and a planted height of at least 36 inches. 3.In commercial or industrial zoning districts, the equipment cabinet shall not exceed eight feet in height and occupy more than 300 square feet of gross floor area. The cabinet shall be screened by an evergreen hedge with an ultimate height of at least 72 inches, and a planted height of at least 36 inches. 4.In all other instances, cabinets shall be screened from view of all properties with a residential future land use designation which abut or are directly adjacent to a cabinet. Screening shall consist of a solid masonry wall eight feet in height and an evergreen hedge with an ultimate height of at least 96 inches and a planted height of at least 36 inches. kk. Antennas located on towers. The related unmanned equipment structure shall not occupy more than 1,500 square feet of gross floor area or be more than eight feet in height. The cabinet shall be located or installed in accordance with the minimum setback requirements of the underlying zoning district. Equipment not used in direct support of a tower facility shall not be stored or kept on the site of the tower, unless necessary for ongoing repairs to the tower. 11.Security or surety for abandoned antennas and towers. 1.Abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the operator of such antenna or tower shall remove same within 90 days of receipt of notice from the city notifying the operator of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall constitute grounds for Supp. No. 10 CD78:161 § 78-159..PALM BEACH GARDENS CODE removal of the structure by the city at the pr0vider’~ expense, asprovided herein. If there are two or more users of a single tower, then this provision shall not become effective until all ~. users cease using the tower. Security fund. Security shall be provided as indicated below. (i)Every provider, whether on public or private property, shall establish a cash security fund, or provide the city with an irrevocable letter of credit in the same amount, to secure the payment of removing an antenna or tower that has been determ~aed to be abandoned. The amount to be provided: for each tower"shall be $25,000.00, and the amount for each antenna ai’ray sh~ b~$5!000!00!~ (ii)At the ciW’s discretion, a pi~0vider m~iy; in. lieu of a cash security fund or letter of credit, file and m~aintain: with~ th~~ city a bond: With an acceptable surety in the amount provided for herein. The p~ovider and the surety shall be jointly and severally liable under the terms Of the bond. (iii)In the alternative, at the city’s discretion, a provider may, in lieu of the cash security fund, letter of credit, or bond, file With the city a corporate guarantee in a form acceptable to the city to be used as a security fund. Use of security or surety. In the event the city commences removal proceedings as provided herein, upon five working days notice to the facility owner, the city shall have the right to draw down funds from the security fund, letter of credit, bond, or corporate guarantee. Nonconforming uses. 1.Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as such towers presently exist. Routine maintenance, including replacement with a new tower of:the same constrdction and height; shall be permitted on such pre-existing~towe~s: N~w Cdn~t~b/i~bth~r that ro~tiiie, maintenance on a pre:existing.tbwer:shall ~o~pl]:withlthb: requi~re~6nts.of this section. Damaged or destroyed n0nc0r~f0~i~gto~?~ Pre-existing towers or ante~s~:w’l~ichiar~’d~e~d~bt~d~trb~d’.m~y’be:- rebuilt without having to first obialn admi~St~atige approv~ frbm the growth management department;: and "withOUt hh~g:to comply with the separation requirements as provided herein. 4.A tower rebuilt pursuant to the provisions Contained herein shall be of the same type, height, and intenSit~ a~"th~ bri~:l:tov~:~B~ding~p~r~tS tO rebuild a damaged or destroye~l:~l~itliCo~i~-I~ ~vi~i~hl~pli’eab~e~bufldihg~ codes. Building permits to rebuild s~eh ~o~ers shalI"be ~ol~tmned w~thm 180 LAND DEVELOPMENT § 78-159 00. PP. qqo days from the date the tower is damaged or destroyed. If no permit is obtained within 180 days, or if the permit expires, the tower or antenna shall be deemed abandoned as specified herein. Indemnification and insurance. The city shall not enter into any lease or license agreement until and unless indemnification and insurance is provided as required below. 1.Indemnification. Each operator shall provide an adequate indemnity. The indemnity shall comply with the criteria listed below. (i) The indemnity shall release the city from and against any and all liability and responsibility in or arising out of the construction, operation, or repair of the telecommunications facility. Each operator must further agree not to sue or seek money or damages from the city in connection with the above-mentioned matters. (ii)The indemnity shall indemnify and hold harmless the city, its trustees, elected and appointed officers, agents, servants, and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys’ fees, liabilities, damages, orders, judgments, or decrees, sustained by the city or any third party arising out of, or by reason of, or resulting from the operator, or its agents, employees, or servants of the negligent acts, errors, or omissions of the operator. (iii)The indemnity shall provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party’s responsibility to indemnify. Comprehensive general liability. An operator and its contractors or subcontrac- tors engaged in work on the operator’s behalf shall maintain minimum insurance to cover liability, bodily injury, and property d~mage. Exposures to be covered shall include premises, operations, and certain contracts. Coverage shall be written on an occurrence basis, and shall be included, as applicable, in the lease agreement between the city and the operator. Other requirements. In addition to the foregoing, the requirements listed below also shall be satisfied. 1.An operator shall not commence construction or operation of a telecommu- nication facility without obtaining all insurance required herein and ap- proval of such insurance by the city’s risk manager. An operator shall not allow any contractor or subcontractor to commence work on its contract or subcontract until all such insurance required of the same has been obtained and approved in a like manner. 2.The required insurance must be obtained and maintained for the life of the entire period the telecommunications facility is in existence. If the operator, Supp. No. 10 CD78:163 § 78-159 PALM BEACH GARDENS CODE its contractors, or subcontractors do no have or maintain the required insurance, the city may order such entitles to stop operations until the insurance is obtained and approved. 3.Certificates of insurance reflecting evidence of the required insurance sh~ be filed with the city’s risk manager. The certificate shall, be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. 4.The certificate shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days prior written notice has b.een given to the city. 5.Policies shall be issued by companies authorized to conduct business under the laws of the State of Florida. 6.In the event the insurance certificate provided indicates the insurance shall terminate or lapse during the period of the lease or license agreement with the city, the telecommunications facility operator shall furnish, at least 30 days prior to the expiration of such insurance, a renewed certificate of insurance evidencing equal and like coverage for the balance of the period. rr. Penalties. A violation of any provision of these requirements shall be subject to enforcement as provided in chapter 2 of the city’s code or as otherwise provided ~within this chapter. )Agriculture. Agriculture does not include the following: commercial feed lots, raising or sale of fur-bearing animals, riding academies, livery or boarding stables, or dog kennels. (66)Excavation and fill, and borrow pit operations. Excavation and fill, and borrow pit operations shall comply with the standards provided below. a.Policy. It is the policy of the city to protect the property and residents of the city from the dangers and public nuisances created by improperly planned, poorly executed, or inadequately supervised mining o~erations, excavation and fill operations, and borrow pit operations, including the .folio.wing: 1.Irregular holes in the land which are unsightly and collect water that becomes or may become stagnant and contributes to the breeding of mosquitoes; 2.Uncovered mounds of excavated earth which are unsightly and contribute to the erosion of surrounding land, hasten the sedimentation of drainage canals and facilities, and produce windblown irritants and contamination; 3.Artificial lakes, drainage ditches, and canals which have been created or excavated without the proper planning, design, or supervision needed to avoid overburdening existing public drainage canals and/or .drainage facil- ities, thereby creating flooding and unsanitary conditions in various parts of the city; and Supp. No. 10 CD78:164 VI. CITY MANAGER REPORT: a. Quarterly Financial Report TABLE OF CONTENTS Transmittal Letter .....................................................................1 Investment Report .....................................................................12 Risk Management Report .............................................................15 Financial Statements General Fund Balance Sheet ................................................................16 Statement of Revenues and Expenditures .................................17 General Fund Revenue and Expenditure Analysis. : .....................18 Special Revenue Funds Recreation Programs Balance Sheet ................................................................22 Statement of Revenues and Expenditures ...............................23 Gas Tax Balance Sheet ...............................................................24 Statement of Revenues and Expenditures ...............................25 Special Revenue Fund Revenue and Expenditure Analysis ..........26 Capital Projects Funds Recreation Ira.pact Fees Balance Sheet ...............................................................27 Statement of Revenues and Expenditures ................................28 Police Impact Fees Balance Sheet ......................................................: .........29 Statement of Revenues and Expenditures ...............................30 Fire Impact Fees Balance Sheet ................................................................31 Statement of Revenues and Expenditures ...............................32 Road Impact Fees Balance Sheet ................................................................33 Statement of Revenues and Expenditures ...............................34 Capital Projects Balance Sheet ...............................................................35 Statement of Revenues and Expenditures ...............................36 Burns Road Balance Sheet ...............................................................37 Statement of Revenues and Expenditures ...............................38 Capital Prqiect Funds Revenue and Expenditure Analysis ..........39 Proprietary Funds Enterprise Fund (Golf) Balance Sheet .............................................................40 Statement of Revenues and Expenditures ................................41 Internal Service Fund (Fleet) Balance Sheet ............................................................42 Statement of Revenues and Expenditures ...............................43 Proprietary Funds Revenue and Expenditure Analysis ................44 TRANSMITTAL LETTER Overview I am pleased to present the financial report for the City of Palm Beach Gardens for the quarter ended December 31, 2001, which is the first of what will become a regular presentation to the Council each quarter. The intent of these reports is to better inform not only Council, but the public as well, throughout the year, of our financial position by comparing actual results with the adopted budget, and taking corrective actions as appropriate. Our goal is to provide optimum fiscal responsibility through open disclosure in a public forum. Format A brief description of each section of this report is as follows: Transmittal Letter - a financial overview and brief discussion of significant items encountered during the prior quarter. Investment Report - a summary of investment activity (purchases, sales, calls, etc.); total cash and investments by fund; rate of return on investments compared with our benchmark. Risk Management Report - a summary of significant claims/trends/loss ratios, etc. Financial Statements - the following funds’ financial statements are presented: ¯General Fund ¯Special Revenue Funds Recreation Programs and Gas Tax ¯Capital Projects Funds Recreation Impact Police Impact Fire Impact Capital Projects Bums Road ¯Proprietary Funds Enteiprise (Golf) and Internal Service (Fleet) For each of these funds, the following statements and other information are presented: ¯Balance Sheet ¯Statement of Revenues and Expenditures/Expenses ¯Analysis of Revenues and Expenditures/Expenses Financial Overview General Fund Assuming expenditures occur consistently throughout the year, 25% of a department’s budget could expect to be expended during the first three months of the fiscal year. For the quarter ended December 31, 2001, no department was over 25% expended, as depicted below: Department Expenditures - % Expended Thru 12/01 30 25 20 15 10 5 0 Council Adm HR Fin Gen Svc Police Fire Growth Parks PW Overall, total General Fund expenditures for the quarter were $6.9 million, up from $6.4 million for the same period last year. Within the General Fund expenditures, it is significant to note that general engineering expenditures total slightly over $15,000, or a projected annual total of $63,000. This is well below our budget estimate of $300,000. General Fund revenues total $23.5 million for the quarter, up from $17.7 million for the same period last year, as depicted below: I[]% Spent 25000- 20000- 15000- 10000- 5000- 0- Quarterly GF Revenues Last Year Vs. This Year (in $1,000s) GF Revenue I~12/31/2000 12/31/2001 2 The increase in revenue is primarily due to the increase in taxes, which went from $15 million last year to $20 million this year. This represents approximately 85% of our budgeted total for tax revenue for the year, and is normal considering the majority of tax bills are paid in November and December each year. A comparison of some of the other major categories of General Fund revenue from last year to this year is depicted in the following chart: Comparison of General Fund Revenues Quarter Ended 12/00 vs. 12/01 1000000 I~illllllll g~<; 2 ...... 500000 Franchise Lic/Permits Intergov Chgs Svc Misc Fees ; Qtr 12/00 Qtr 12/01 Within General Fund revenues, some of the more significant items include the following: ¯We receiwed our first installment of the Communication Services Tax of $54,000. This would equate to an estimated annual total of $590,000, compared to our budget of $410,000. ¯Total estimated State Revenue Sharing for the year is approximately $670,000, compared with our budget estimate of $650,000. However, Sales Tax revenue for the first quarter is down from our budget estimate. We estimate approximately $2,280,000 for the year, compared with the budget of $2,550,000. However, the additional Communication Services Tax will hopefully offset this shortage. ¯Due to the recent dramatic decline in rates, interest revenue is down approximately $30,000 compared to the same period last year. Enterprise Fund (Gol_f Course) The City of Palm Beach Gardens assumed management of the Golf Course December 1, 2001. For the quarter, revenues totaled $373,428, or 21% of budget, while expenses totaled $420,905, or 23% of budget. Revenues were down approximately $80,000 from the same period last year, while expenses were down approximately $56,000, as illustrated in the following chart: Golf Course Quarterly Revenues & Expenses Last Year vs. This Year 500000- 400000. 300000. 200000. 100000.~i~ " ~ ’ ~ ~ ~ ~ 2000 2001 ~Revenue Expense Although revenues are down from the same period last year, it is important to note that last year was an exceptionally good year. When comparing current year results to the quarter ended December 31, 1999, revenues are actually up approximately $10,000. One of the most significant factors affecting the amount of play has been the overall nationwide impact on tourism from the 9/11 incident. Other contributing factors have been poor weather and road construction. The combination of all these factorshas resulted in the total number of rounds played dropping from 15,485 last year during the same period to 11,490 this year. A comparison of some of the more significant categories of revenues from last year to this year is as follows: Comparison of Golf Revenues Qtr. Ended 12/00 vs. 12/01 1 I~~1~1[~ ~oooo 0 Green Cart Fees Pro Shop Annual Food Beverage Fees Permits [~Qtr. 12/00 I BQtr. 12/01 4 Although revenues are down, expenditures for the quarter are also down. A comparison of the expenditures for each division of the Golf Course Fund from last year to this year is depicted below: Comparison of Golf Course Expenses Qtr. Ended 12/00 vs. 12/01 400000. 300000, 200000. 100000. 0 Pro Shop Restaurant Maintenance []Qtr. 12/00I [] Qtr. 12/01 For the quarter, there was a net loss of $47,000 for the Golf Course Fund. We will continue to monitor the fund closely this year and keep Council apprised of its financial status. Sign~l~cant Items I accepted the position of Finance Director with the City of Palm Beach Gardens last August. Accordingly, this first quarterly report coincides approximately with my first few months in thk,; position with the City. In this short period of time, there were many significant issues encountered that needed to be addressed. Some of these issues and the corrective steps taken include the following: Lack of Controls 1. There were no procedures established for year-end cutoff of purchasing. Procedures were adopted which established deadlines and cutoff dates for purchases occurring at the end of the fiscal year. Purchase orders were not required for many types of purchases, e.g., maintenance contracts, professional services. Items up to $500 could be purchased without a purchase order. Purchasing procedures were revised to require purchase orders for these types of purchases. There are still many items being purchased without the use of purchase orders, i.e., items up to $500 in value. This is one area that I hope to address this current fiscal year. 3.The check signature facsimile stamp was maintained in an unsecured, unlocked drawer. The check signature stamp has been secured in a locked drawer in the vault in Finance. Lack of Up To Date Reconciliations and Other Records 1. Bank reconciliations were behind by approximately three months. After the former Assistant Finance Director left, we hired a temporary part-time accountant to revise the bank reconciliation process and bring them up to date. In addition, this person worked on many other year-end issues in preparation for the annual audit. 2. Filing of records was not up to date. We are making arrangements to have the lobby receptionist work on setting up various files for Finance. 6 3.Engineering pass-through billing was behind by approximately three months. The engineering pass-through billings have been posted up to date in preparation for the annual audit. 4. Impact Fee Credit files lacked documentation. Our new Finance Manager has been working with other departments and developers to research and obtain documentation related to the various Impact Fee Credits. ¯Lack of Functional Financial Management Software Departments have no access to real-time financial data for inquiry purposes. One department even prepares their own financial records due to the lack of accessible information. We have scheduled several meetings with IMS, our software provider, in order to provide training to staff members and to look into the many problems we are experiencing with the responsiveness of the system. I expect to have a report from IMS soon that will outline recommendations to be made to the setup of our system, or, if needed, program fixes to correct the problems we have had. Once these problems are corrected, we will work on providing inquiry capability to each department. 2.The General Ledger inquiry function provided very little details, due to the fact that data was summary posted. After reviewing the setup configurations with IMS, we have changed the settings in order to provide detail posting of information to the General Ledger. This allows reports to be issued that provide more meaningful data to the departments. 3.Manual Purchase Order requisitions have to be done. Most organizations haw~ the ability to do online, electronic purchasing. We will be exploring the possibility of using the current software to provide online purchase requisitioning. It is my understanding that the system has the capability, but we have not had time yet to research how to set up this function. All activity other than Accounts Payable and Payroll was posted to the General Ledger in one batch at the end of each month, eliminating real time functionality. Procedures have been changed in Finance so that transactions are posted daily to the General Ledger. This will allow up-to-date information to be viewed by the departments when they receive on-line inquiry capability. Manual spreadsheets of cash and other financial statements had to be maintained, duplicating efforts in entering transactions. We have been reviewing the various manual spreadsheets that were being used, and have been moving toward using system-generated reports where possible. This will ease somewhat the time burden on staff and reduce the chance of errors in manually keying in data There were numerous upgrades to the Payroll module that had not been installed. In addition, the program is still a DOS version. We have recently installed several upgrades to the ftnancial management software. The Payroll module will be upgraded from DOS to a Windows version within the next three to six months. Posting of Cash Receipts required staff to edit "one-sided" transactions to add the debit side. The posting of cash receipts setup has been changed to eliminate the necessity of having to "edit" entries. There is no personnel management module in the system. Leave time is still being tracked with manual paper forms. There is still no personnel management module available in the system to be used. Leave records are still being tracked manually. We will be requesting that IMS write an upgrade that can do this. The overall responsiveness of the financial software has been extremely slow and unpredictable. Numerous times, staff has been forced to restart processes due to the system locking up and giving error messages. Twice, during posting of transactions, data has been lost due to system failure, requiring manual input of lost data. As mentioned previously, we are awaiting a report from IMS that will identify the corrections that need to be made in order to address the responsiveness and reliability of the system. 8 Under trained Staff Neither the Finance staff nor Information Services staff had received training on how to fully utilize the financial software or its configurations. One person had all the knowledge related to these items. As mentioned previously, we have scheduled training session with IMS to enhance staff’s knowledge of the system and its capabilities. In addition, we have been working with staff on a daily basis to revise and improve the accounting procedures and practices. These include a broad range of topics, from account reconciliation, documentation of all work and entries, to analysis of general ledger account balances. Confusing Accounting and Budgeting Practices Encumbrances at year-end were recorded as an "expense", which is a basis of accounting other than Generally Accepted Accounting Principles (GAAP) basis. This required the auditors to reverse these entries and reconcile actual per a budgetary basis to actual per GAAP. Procedures have been changed to follow GAAP in the handling of encumbrances at year-end. There will no longer be the need for the auditors to reverse entries to convert to GAAP actual numbers The bank reconciliation process was extremely confusing. The system reports used to reconcile outstanding checks were not accurate and were not date sensitive. The format used to reconcile was also very confusing, and staff was not properly trained in how to perform reconciliations. A new format for reconciling the bank statements has been adopted. Staff will be trained in how to reconcile using this format. o The system was configured to recognize the normal balance of all account types (asset, liability, revenue, and expense) as a debit, although liabilities and. revenues are a normal credit balance. This makes all system generated revenue reports confusing to interpret. We are discussing with IMS how to change the settings so that normal balances for liabilities and revenues can be recognized as credits. 4.The budget for FY 2002 was prepared without accounting for the proceeds of a $3 million loan for the construction of a fire station. The budget process and format will be changed fo r FY 2002-03. Staff is currently meeting with a citizen Budget Committee to review current procedures and practices, and make recommendations for changes. 5.The budget for FY 2001 was not amended to reflect a $3.5 million reduction in revenue and expenditure for a grant that was not obtained. See (4) above. Poor Customer Service The cash receipts function for building permits was done in Finance on the second floor; however, the business was transacted in Growth Management on the first floor. The cash receipts function for building permits has been moved to Growth Management. This makes it easier for customers to transact their business and creates one stop shopping for their entire building permit needs. Occupational Licenses are issued by Finance. This requires customers to check in with the receptionist on the first floor, obtain a visitor ID card, and walk up to the Finance Department on the second floor to transact business. We are currently exploring the possibility of moving the Occupational License function downstairs. We should be able to make a decision on our course of action in this matter within the next few weeks. Understaffing Filing is behind, analysis of General Ledger accounts needs to be done on a regular basis, and an additional person could provide administrative support as well as needed backup for Accounts Payable and Payroll. In addition, there will be additional requirements placed on Finance this fiscal year with the advent of the new accounting requirements of GASB 34. This pronouncement radically changes .the financial statement presentation of governments, and requires us to inventory, value, and depreciate all infrastructure and other fixed assets in the General Fund. Previously, only Proprietary Funds (Golf Course and Fleet) had to record depreciation and present fixed assets on their balance sheets. All General Fund Assets were previously recorded in the General Fixed Asset Account Group, without depreciating them. 10 In addition, all long term debt currently recorded in the General Long Term Debt Account Group must be combined with the General Fund. The requirements of this new pronouncement must be implemented by us effective for our financial statements for the fiscal year 2002-03, and will require resources to accomplish. In addition to making use of all available current resources, such as the lobby receptionist, we will be checking into the possibility of using volunteers and temporary help as much as possible. In order to help us comply with the requirements of GASB 34, we will be requesting an additional person later this year after the audit is completed. In summary, we have faced many challenges during my first few months with the City. However, I believe that the future is bright for Finance and the organization as a whole. After we have implemented all our goals, we will have a department that is more efficient and more knowledgeable about their jobs, as well as the system as a whole. This will not only benefit our department, but the entire organization, by allowing us to be able to provide accurate, timely budget and historical financial data to all departments. ! look forward to working with Council, the City Manager, public, and all departments to accomplish these goals and to provide information necessary to assure the most efficient delivery of services to the residents of Palm Beach Gardens. I would like to also thank Mary Anderson, Finance Manager, and Ketty Labossiere, Accountant, for their efforts and assistance in the preparation of this report. Allan Owens, CPA, CGFO Finance Director 11 City of Palm Beach Gardens Treasurers Report Cash and Investments December 2001 Beginning Balance Debits Credits Ending Balance General Fund Police Training Golf Course Recreation Special Police Grants Gas Tax Fleet Maintenance 7,650,476 17,776,832 3,375,615 22,051,693 42,857 1,328 0 44,185 (639,516)157,365 80,374 (562,525) 218,394 44,613 42,500 220,507 39,464 0 0 39,464 958,729 49,519 0 1,008,248 511,214 328,562 13,870 825,906 Total Operating Recreation Impact Police Impact Fire Impact Art Impact Road Impact Fund 1999 Capital Projects PGA Flyover Capital Projects 2000 Capital Projects Burns Road Improvements 8,781,618 18,358,219 3,512,359 23,627,478 1,841,897 83,165 0 265,335 8,997 0 386,791 21,232 0 468,532 752 0 1,232,394 21,388 0 0 0 0 175,457 307 0 100,000 0 0 251,551 887 0 5,998,484 12,638 0 1,925,062 274,332 408,023 469,284 1,253,782 0 175,764 100,000 252,438 6,011,122 Total Capital Total Cash and Investments 10,720,441 149,366 19,502,059 18,507,585 0 3,512,359 10,869,807 34,497,285 12 INVESTMENT REPORT Security Purchases We purchased no securities during the quarter as the investment rate at the State Board of Administration was typically higher than those offered by other short-term investments. Security Calls, Maturities or Sales With interest rates dropping significantly during the quarter, to their lowest levels in forty years, there was one security called during the quarter, which is shown below Federal Home Loan Bank (FHLB Note, par amount $300,000, due to mature on February 23, 2009, paying an interest rate of 6.245%, was called on November 1, 2001. State Investment Pool (SBA) The first quarter of the fiscal year typically sees net cash outflow until the first distributions of ad valorem revenue from Palm Beach County late in December. On December 31, 2001, the amount invested at the State Investment Pool (SBA) totaled $14,145,609. However, not reflected in this total is $11,000,000 received late in December that was wired to the SBA the first of January, 2002. Policy Guidelines The SBA yield decreased from 2.86% at the beginning of the quarter to 2.13% at the end of the quarter. However, this is still above the benchmark yield of 1.81% for one- year Treasury Notes as of December 31, 2001.The percentage of the portfolio maturing within one year was 100%, well above the minimum investment policy guideline of 40%. The percentage of the portfolio maturing beyond five years decreased 0%, reflecting the increase in the SBA investment and the longer-term agency security call. This is well within the 20% maximum outlined in the investment policy. The percentage of the portfolio invested in commercial paper decreased to zero, as higher interest rates paid by the SBA reduced the attractiveness of this investment vehicle. Obviously, this percentage is also well within the guideline of the maximum of 60% for the investment in commercial paper. Investment Environment Short-term interest rates continued their decline as the quarter progressed. Short- term rates on Treasury securities ended the quarter much lower than long-term rates, as evidenced by the one year Treasury yield.of 1.81%; compared to the 30 Year Treasury 13 yields of 5.55%. One of the biggest factors affecting bond yields is the Federal Reserve Board’s recent attempt to boost the economy by cutting interest rates. The direct impact of these rate cuts on bond yields has varied depending on the maturity of.the bond. Yields on short-term securities, such as three and six month Treasury Bills are closely tied to such cuts. However, yields on longer-term securities, such as 10 and 30-year Treasury notes, are not directly influenced by Fed policy, but more by inflation expectations. Accordingly, yields on short-term securities have dropped dramatically, while yields on long-term securities remain relatively high. Market Values Since the SBA market value is the same as its par value, the portfolio does not fluctuate with the change in interest rates. (During a period of falling interest rates, the market value of a fixed rate security increases. Likewise, values decrease when interest rates rise). 14 :RISK MANAGEMENT REPORT Risk Management was extremely busy during the quarter and at the end of the fiscal year. Our Property/Casualty Insurer, the Florida League of Cities, initially quoted a renewal for 2001/2002 at $1,046,455, an increase of 32%. A Request for Proposal was sent out to 12 insurance providers, with 8 companies responding to the market survey. Three companies actually submitted a proposal, with the Florida League of Cities submitting the lowest bid of $961,019. This represented .a much lower 17% increase from the initial proposal. The proposal included $1,278,110 of Inland Marine equipment; which previously had only included $342,585 in miscellaneous equipment (heavy equipment, mowers, etc.). The last renewal the City had with the Florida League of Cities (1999) for Workers Compensation was based on an experience modification factor of 1.22. The experience modification factor for the 2001/2002 policy year decreased to 1.06, which is a significant accomplishment for a growing city. This reduction, if maintained for 3 years, can represent a further reduction in premiums. Medical Treatment Cases in Workers Compensation in 2000-2001 were lowered significantly in the following departments, as follows: Parks and Public Works Medical Treatment Payments FYE 9~30~2000 Vs. 9/30/2001 60000 5000( 4000( 30000 20000 10000 0 2000 2001 [] Parks [] Pub ic Works Due to the above reductions, these departments are eligible for awards with the Palm Beach County Safety Council. Last, but not least, our Risk Manager, Phyllis Stirparo, continues to be an active member of both the RIMS and Safety Council Board of Directors. 15 Assets Cash and Investments Accounts Receivable Due From Other Funds Inventory Settlement Fund WCI Claims Fund Prepaid Expense Total Assets City of Palm Beach Gardens Balance Sheet General Fund 001 December 2001 21,407,696.75 899,866.66 1,384,403.30 1,722.00 3,739.90 214,710.15 19,594.72 23,931,733.48 Liabilities Accounts Payable Due to Other Funds Due to Other Governments Payroll Taxes Payable Payroll Deductions Payable Deferred Revenue Retiree and Cobra Medical Payable Employee Programs Engineering Fees Escrow Law Enforcement Trust Accounts Legal Advertising from Developers Other Escrow Environmental Fines Other Liabilities Total Liabilities Reserves Reserve for Inventory Appropriated Fund Balance Reserve for Encumbrances Designated Projects Unreserved Fund Balance Total Reserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities (144,177.27) 40,089.44 989,267.96 (152.66) 257,411.65 (6,005.32) 544.95 150,748.68 40,201.04 (6,546.80) 127,472.73 10,000.00 554,366.72 2,013,221.12 1,722.00 117,191.51 38,401.00 5,170,907.20 5,328,221.71 7,341,442.83 23,509,124.22 (6,801,642.06) (117,191.51) 23,931,733.48 City of Palm Beach Gardens Revenue and Expenditure Statement General Fund 001 Year To Date Through December 2001 Annual Revenues Budget 2001 2000 Percent Taxes $ 23,512,043.00 $ 20,125,488.74 $ 15,002,386.94 85.60% Franchise fees 2,700,000.00 634,230.35 331,284.30 23.49% Telecommunications Tax 410,000.00 54,448.90 13.28% Licenses and pelvnits 2,125,000.00 1,405,482.16 1,199,527.31 66.14% Grants 595,517.00 3,370.23 1,590.69 0.57% Intergovernmental 3,348,000.00 779,079.55 640,153.77 23.27% Charges for services 1,167,000.00 339,886.46 258,703.34 29.12% Fines and forfeitures 310,000.00 61,796.12 72,620.79 19.93% Interest 535,000.00 20,791.51 62,673.86 3.89% Miscellaneous revenue ¯ 150,000.00 29,381.45 149,836.86 19.59% Transfer in 220,675.00 55,168.75 25.00% Total Revenues $ 35,073,235.00 $ 23,509,124.22 $ 17,718,777.86 67.03% Expenditures City Council $ 194,048.00 $ 20,189.70 $ 22,844.53 10.40% Administration 2,108,063.00 385,569.30 466,424.57 18.29% Human Resources 649,602.00 126,773.98 76,821.59 19.52% Finance 549,757.00 126,216.56 124,090.81 22.96% General Services 3,209,211.00 802,110.26 938,303.85 24.99% Police 10,161,558.00 2,116,018.86 1,787,357.23 20.82% Fire 9,357,743.00 1,737,033.52 1,307,646.85 18.56% Growth Management 2,187,314.00 441,121.18 489,053.10 20.17% Parks and Recreation 3,458,625.00 636,850.78 751,478.95 18.41% Public Works 3,197,314.00 526,949.43 421,044.03 16.48% Total Expenditures $ 35,073,235.00 $ 6,918,833.57 $ 6,385,065.51 19.73% Excess of Revenues over Expenditures 16,590,290.65 11,333,712.35 17 GENERAL FUND ANALYSIS OF REVENUES AND EXPENDITURES REVENUES Overall, General Fund revenues are up 33% from the same period last year. Some of the more significant items related to individual line item revenues are as follows: Ad Valorem Taxes As of December 31,2001, 86% of the budgeted amount had been received. This is consistent with the schedule for distribution of ad valorem taxes by the Palm Beach County Tax Collector, with $20.1 million received through December. Franchise Fees Overall, Franchise Fees are up approximately $302,946 from last year. Electric Franchise Fees in the amount of $634,230 were collected through December. Through December 31, 2001, approximately 23% of the budgeted amount had been realized. Communications Service Tax This new tax, created during the 2000 Florida Legislative Regular Session, became effective October 1, 2001. The legislation created a tax structure for communications services by combining several different state and local taxes or fees and replacing them with a new single communications services tax. This tax is collected by the State each month from the providers of communications services, and then remitted to the local governments the following month. Being a new tax with no historical data, budget projections for FY 2002 were conservative at $410,000. Based on the one month collected of $54,000, we should exceed our projections for the current year. Licenses and Permits Generally, the collection of these revenues will not occur evenly throughout the year given they are based on business and development activity. As of December 31, approximately $1,405,483 or 66% of projected budget has been collected in Licenses and Permits as .compared to $1,199,527 or 61% for the same period one year ago. Building Permit revenue was approximately $520,000, or almost 50% of the budgeted total. Occupational License revenue was $885,123, or 86% of the budgeted amount. The percentage-collected to-date is high due to the fact that revenue is generated primarily when license renewals are mailed at the beginning of each fiscal year. 18 State Revenue Sharing Collections through December totaled $167,474, or 26% of the budgeted total for the year. This compares to $172,788 or 29% of anticipated budget for the same period a year ago. It appears that the economic downturn experienced since September will not have a negative impact on our projection, based on the budgeted amount of $650,000. Half-Cent Sales Tax Half-cent Sales Tax collections through December 31 totaled $569,966, or 22% of the budgeted amount. It would appear that this revenue from the State will fall short of our projections of $2,550,000 by approximately 3%. We will be monitoring this revenue closely, along with State Revenue Sharing and the Communications Service Tax. We will be ready to make mid-year adjustments, if necessary. Fines and Forfeitures. Court Fines received through December totaled $61,796, or 20% of the budgeted total. Prior year collections for the same period were $72,621, or 23% of total budget. Interest Income This revenue is down approximately $41,000 from last year. This is not a surprise, given that interest rates recently reached a forty year low. Through December 31, approximately 4% of the budgeted amount had been realized. However, it is normal for the first quarter returns to be low until we receive large distributions of Ad Valorem revenue from the Palm Beach County Tax Collector in December. Other Miscellaneous Revenue Through December 31, $29,381 had been collected or approximately 20% of the budgeted total. Prior year collections for the same period were $149,837 or 100% of projected budget and included a refund received for grant writing services in the amount of $80,000. 19 EXPENDITURES For the three-month period ended December 31, 25% of a department’s budget would be expended assuming all expenditures occur consistently throughout the year. As of December 31, no department was above 25%. Total General Fund expenditures for the three months were $6.9 million or 20% of projected budget, compared to last year’s total for the same period of $6.4 million or 19% of total budget. A summary of expenditures, by department, follows: City Council This department’s expenditures total $20,190, or 10% of the budgeted total. Total expenditures are down approximately $2,700 from the same period last year. Administration Administration expenditures total $385,569, or 18% of projected budget. Expenditures for the same period last fiscal year were $466,425 or 27%. Human Resources This department’s expenditures total $126,774, or 20 % of the budgeted total as compared to $76,822 or 16%. Finance This department’s expenditures total $126,217, or 23% of the budgeted total Total expenditures are down approximately $2,100 from the same period last year. General Services General Services’ expenditures total $802,110, or 24% of the total budget. year expenditures for the first quarter were $938,304 or 29%. Prior Police Total Police Department expenditures for the three months total $2,116,019, which is 21% of the budgeted amount. Expenditures for the same period last year were $1,787,357 or 19%. 20 Fire/ReseuLe Fire/Rescue expenditures for the three months total $1,737,034, or 19% of the budgeted total. This department’s expenditures for the same period one year ago were $1,307,647 or 15%. Growth Management Total Growth Management expenditures for the three months total $432,324, which is 23% of the budgeted amount. Expenditures totaled $489,053 or 24% of budget for the same period last year. General Engineering is provided on a contractual basis. Through December 31, engineering costs totaled $15,680, or 5% of projected budget. Parks and Recreation Parks and Recreation expenditures through December 31 totaled $636,851, or 18% of the budgeted total. Total expenditures in this department are down $114,600 from last year’s total of $751,479 or 22% of budget. 21 City of Palm Beach Gardens Balance Sheet Recreation Special Revenue Fund 0t 4 December 2001 Assets Cash and Investments Total Assets 220,546.96 220,546.96 Liabilities Accounts Payable Due to Other Funds Other Liabilities Total Liabih’ties Reserves Reserve for Encumbrances Unreserved Fund Balance Total Reserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities 339.00 98,785.53 437.93 99,562.46 (650.70) 4,114.92 3,464.22 103,026.68 293,371.05 (176,501.47) 650.70 220,546.96 22 City of Palm Beach Gardens Revenue and Expenditure Statement Recreation Special Revenue Fund 014 Year To Date Through December 2001 Annual Revenues Budget Programs $ 399,742.00 Sports 229,590.00 Aquatics 78,011.00 Special Interest 579,530.00 Special Events 24,287.00 Miscellaneous Revenue 5,000.00 2001 2000 Percent $ 250,468.11 $ 122,771.81 62.66% 18,903.00 19,515.83 8.23% 6,442.71 9,534.34 8.26% 11,648.75 12,719.63 2.01% 3,910.98 887.00 16.10% 1,997.50 2,276.52 39.95% Total Revenues $ 1,316,160.00 $ 293,371.05 $ 167,705.13 22.29% Expenditures Programs $ 376,509~00 $ 88,892.58 $ 127,437.12 23.61% Sports 186,129.00 27,690.29 28,885.11 14.88% Aquatics 66,054.00 7,268.28 12,148.62 11.00% Special Interest 449,997.00 3,089.66 7,948.44 0.69% Special Events 33,287.00 6,409.96 16,591.66 19.26% Transfer to General Fund 170,000.00 42,500.00 25.00% Total Expenditures $ 1,281,976.00 $ 175,850.77 $ 193,010.95 13.72% Excess of Revenues over Expenditures 34~ 184.00 117,520.28 (25,305.82) 23 City of Palm Beach Gardens Balance Sheet Local Option Gas Tax Fund 016 December 2001 Assets Cash and Investments Accounts Receivable Total Assets 1,008,248.36 47,000.00 1,055,248.36 Liabilities Accounts Payable Due to Other Funds Other Liabilities Total Liabih’ties Reserves Reserve for Encumbrances Unreserved Fund Balance TotalReserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities 14,159.13 14,159.13 26,321.98 889,043.58 915,365.56 929,524.69 145,582.80 (14,159.13) (5,700.00) 1,055,248.36 24. ~ City of Palm Beach Gardens Revenue and Expenditure Statement Local Option Gas Tax Fund 016 Year To Date Through December 2001 Annual Revenues Budget 2001 2000 Local OptionGas Tax $ 600,000.00 $ 141,684.30 $ 138,423.15 Interest 25,000.00 3,898.50 10,088.62 Appropriated Fund Balance 65,000.00 TotaIRevenues $ 690,000.00 $ 145,582.80 $ 148,511.77 Percent 23.61% 15.59% 0.00% 21.10% Expenditures Electricity $ 150,000.00 $ 11,721.71 $ 22,621.92 Road and Drainage Repairs 540,000.00 8,137.42 3,920.00 7.81% 1.51% Total Expenditures $ 690,000.00 $ 19,859.13 $ 26,541.92 2.88% Excess of Revenues over Expenditures 125,723.67 121,969.85 2~ SPECIAL REVENUE FUNDS ANALYSIS OF REVENUES AND EXPENDITURES RE VENUES Recreation Special Revenue Fund revenues are up approximately $125,700 from last year. This is due primarily to a $128,000 increase in Program revenues. Total revenue collected is approximately 22% of budget. In the Gas Tax Special Revenue Fund, revenues are down approximately $3,000 or 2% from last fiscal year. Through December 31, revenues collected are 21% of the budgeted total. EXPENDITURES Total expenditures in the Recreation Special Revenue Fund are down approximately $17,000 from the prior year, due largely to Program and Special Event expenses respectively from last year. In the Gas "Fax Special Revenue Fund, expenses are down $6,700 from last year. As of December 31, expenses totaled $19,900, or 3% of the budgeted total. 26 Assets Cash and Investments Total Assets City of Palm Beach Gardens Balance Sheet Recreation Impact Fund 003 December 2001 1,925,061.48 1,925,061.48 Liabilities Due to Other Funds Total Liabilities Reserves Reserve for Encumbrances Unreserved Fund Balance Total Reserves Total Liabilities and Reserves ReVenue to Date Expenditures to Date Current Encumbrances Total Liabilities 130,117.69 130,117.69 (5,795.00) 1,605,611.64 1,599,816.64 1,729,934.33 319,559.84 (130,227.69) 5,795.00 1,925,061.48 27 City of Palm Beach Gardens Revenue and Expenditure Statement Recreation Impact Fund 003 Year To Date Through December 2001 Annual Revenues Budget 2001 2000 Percent l~ecreation Impact Fees $ 750,000.00 $ 309,075.74 $ 111,711.65 41.21% Interest 25,000.00 10,484.10 19,533.08 41.94% Total Revenues $ 775,000.00 $ 319,559.84 $ 131,244.73 41.23% Expenditures Professional Services $ 400,000.00 $$ 2,500.00 0.00% land and Improvements -124,432.69 3,250.00 Equipment 142,000.00 -0.00% Total Expenditures $ 542,000.00 $ 124,432.69 $ 5,750.00 22.96% Excess of Revenues over Expenditures 233,000.00 195,127.15 125,494.73 28 Assets Cash and Investmems Total Assets City of Palm Beach Gardens Balance Sheet Police Impact Fund 012 December 2001 274,332.06 274,332.06 Liabilities Accounts Payable Due to Other Funds Total Liabilities Reserves Reserve for Encumbrances Unreserved Fund Balance Total Reserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities (5,390.00) 354.00 (5,036.00) 65,585.00 181,401.78 246,986.78 241,950.78 33,970.28 (354.00) (1,235.00) 274,332.06 City of Palm Beach Gardens Revenue and Expenditure Statement Police Impact Fund 012 Year To Date Through December 2001 Revenues Police Impact Fees Interest Appropriated Fund Balance Annual Budget 2001 $ 135,000.00 $ 32,781.68 4,000.00 1,188.60 19,113.00 - 2000 Percent 13,691.28 24.28% 4,813.31 29.72% 0.00% Total Revenues $ 158,113.00 $ 33,970.28 $ 18,504.59 21.48% Expenditures Material and Supplies Equipment $$ 354.00 $ 158,113.00 1,235.00 143,000.00 0.78% Total Expenditures $158,113.00 $ 1,589.00 $ 143,000.00 1.00% Excess of Revenues over Expenditures 32,381.28 (124,495.41) 3O Assets Cash and Investments Total Assets City of Palm Beach Gardens Balance Sheet Fire Impact Fund 013 December 2001 408,023.47 408,023.47 Reserves Unreserved Fund Balance Total Reserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities 335,514.14 335,514.14 335,514.14 72,509.33 408,023.47 31 City of Palm Beach Gardens Revenue and Expenditure Statement Fire Impact Fund 013 Year To Date Through December 2001 Revenues Fire Impact Fees Interest Appropriated Fund Balance Annual Budget 2001 $260,000.00 $ 70,944.23 2,000.00 1,565.10 287,500.00 2000 Percent 33,007.18 27.29% 5,041.97 78.26% 0.00% Total Revenues $549,500.00 $ 72,509.33 $38,049.15 13.20% Expenditures Operating Supplies Land and Improvements Equipment Vehicle $ 10,000.00 $ 200,000.00 89,500.00 250,000.00 0.00% 0.00% 19,541.96 0.00% 303,118.40 0.00% Total Expenditures $549,500.00 $$ 322,660.36 0.00% Excess of Revenues over Expenditures 72,509.33 (284,611.21) 32 ¸ Assets Cash and Investments Total Assets City of Palm Beach Gardens Balance Sheet Road Impact Fund 019 December 2001 1,253,781.77 1,253,781.77 Reserves Unreserved Fund Balance Total Reserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities 1,182,537.43 1,182,537.43 1,182,537.43 71,244.34 1,253,781.77 33 City of Palm Beach Gardens Revenue and Expenditure Statement Road Impact Fund 019 Year To Date Through December 2001 Annual Revenues Budget 2001 City Road Impact Fees "$$ 70,452.94 $ Interest 791.40 2000 Percent Total Revenues $$ 71,244.34 $ Expenditures Total Expenditures $$-$ Excess of Revenues over Expenditures 71,244.34 34 City of Palm Beach Gardens Balance Sheet 2000 Capital Projects Fund 024 December 2001 Assets Cash and Investments Total Assets 252,437.33 252,437.33 Liabilities Due to Other Funds Total Liabilities Reserves Reserve for Encumbrances Unreserved Fund Balance Total Reserves Total Liabilities and Reserves Revenue to [)ate Expenditures to Date Current Encumbrances Total Liabilities 63,095.51 63,095.51 54,482.38 183,911.43 238,393.81 301,489.32 3,301.60 (71,253.51) 18,899.92 252,437.33 35 City of Palm Beach Gardens Revenue and Expenditure Statement 2000 Capital Projects Fund 024 Year To Date Through December 2001 Revenues Big Program Interest Appropriated Fund Balance Annual Budget $$ 2001 2000 568.00 2,733.60 17,675.79 Percent Total Revenues $$3,301.60 $ 17,675.79 Expenditures Professional Services Capital Outlay $$2,251.85 $ 205,147.09 50,101.74 1,185,803.26 Total Expenditures $ 52,353.59 $ 1,390,950.35 Excess of Revenues over Expenditures (49,051.99) (1,373,274.56) 36 City of Palm Beach Gardens Balance Sheet Bums Road Improvements Fund 026 December 2001 Assets Cash and Investments Total Assets 6,730,015.78 6,730,015.78 Liabilities Accounts Payable Due to Other Funds Total Liabilities Reserves Reserve for Encumbrances Unreserved Fund Balance Total Reserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities (1,647.50) 235,512.42 233,864.92 14,146.37 6,832,413.76 6,846,560.13 7,080,425.05 44,298.60 (394,707.87) 6,730,015.78 37 City of Palm Beach Gardens Revenue and Expenditure Statement Bums Road Improvements Fund 026 Year To Date Through December 2001 Percent Annual Revenues Budget 2001 2000 Interest $-$ 44,298.60 $- Total Revenues $-$ 44,298.60 $- Expenditures Professional Services-Other Professional Services-legal Professional Services-Engineering Land and Improvements Interest Expense $-$ 118,484.96 $ 55,089.43 -6,399.83 2,985.08 -38,063.90 -108,980.13 244,780.00 -160,842.95 - Total Expenditures $-$ 394,707.87 $ 340,918.41 Excess of Revenues over Expenditures (350,409.27 (340,918.41) 38 CAPITAL PROJECTS FUNDS ANALYSIS OF REVENUES AND EXPENDITURES RE VENUES Total revenues, including interest, in the Fire Impact Fee Fund through December 31 totaled $72,509, or $34,460 more than last year. This represents 13% of the total budgeted revenue. Total revenues for the Recreation Impact Fee Fund, were $319,560, or $188,315 more than last year. This represents 40% of total budgeted revenues. Road Impact Fee Fund revenues for the quarter ended December 31 totaled $71,244. There were no Road Impact Fees in the prior year, consequently there is nothing budgeted for the current fiscal year. Police Impact Fund revenues for the quarter ended December 31 totaled $33,970, which is $15,466 more than last year. This represents 21% of the budgeted total for the current year. Expenditures Through December 31, there were no expenditures in the Fire Impact Fee Fund. Recreation Impact Fee Fund expenditures totaled $124,433, up from $5,700 for the same period last year. This is due to expenditures for capital outlay, and represents 22% of the budgeted total. There were no expenditures from the Road Impact Fee Fund for the three months ended December 31. Police Impact Fee Fund expenditures were $1,589 for the quarter, which is $141,411 less than last year. This represents 1% of the budgeted total for the year. Bums Road Capital Fund expenditures for the quarter totaled $394,707. This consisted of expenditures .for right-of-way acquisition, professional, and debt service costs. There were no budget amounts for this fund this year. 39 City of Palm Beach Gardens Balance Sheet Public Golf Course 009 December 2001 Assets Cash and Investments Accounts Receivable Gift Certificates Pro Shop Inventory Food Inventory Beverage Inventory Deposits Unamortized Bond Issue Cost Deferred Charges Fixed Assets Total Assets 1,565,630.92 5,782.00 (6,358.36) 18,073.13 3,570.47 1,687.51 1,100.00 31,708.36 100,641.03 5,035,272.39 6,757,107.45 Liabilities Accounts Payable Due to Other Funds Accrued Expenses Payable Other Liabilities Revenue Bonds Total Liabilities Reserves Reserve for Encumbrances Unreserved Fund Balance Total Reserves Total Liabilities aud Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities 142.31 644,993.09 130,931.38 (25.00) 7,245,000.00 8,021,041.78 7,887.91 (1,224,345.54) (1,216,457.63) 6,804,584.15 373,428.60 (413,017.39) (7,887.91) 6,757,107.45 4O City of Palm Beach Gardens Revenue and Expenditure Statement Golf Course Fund Year To Date Through December 31,2001 Annual Revenues Budget 2001 2000 Green fees $ 700,601.00 $ 71,177.3t $ 124,249.87 Cart fees 525,000.00 96,076.61 113,750.63 Driving range 35,000.00 4,822.44 7,229.85 Pro Shop sales 80,000.00 17,147.69 16,350.05 Prepaid permits 125,000.00 1 t2,383.19 115,308.00 Food sales 90,000.00 16,671.89 24,546.21 Beverage sales 70,000.00 11,844.86 20,559.95 Interest 50,000.00 6,335.03 22,474.14 Miscellaneous revenue 59,000.00 18,219.58 10,940.00 Transfer in 75,000.00 18,750.00 Total Revenues $ 1,809,601.00 $ 373,428.60 $ 455,408.70 Expenditures Golf Course Pro Shop Golf Course Restaurant Golf Course Maintenance $ 1,160,607.00 $ 298,731.58 $ 347,442.25 115,802.00 26,799.80 33,927.50 533,192.00 95,373.92 95,503.22 TotalExpenditures $ 1,809,601.00 $ 420,905.30 $ 476,872.97 Excess of Revenues over Expenditures (47,476.70)(21,464.27) 41. City of Palm Beach Gardens Balance Sheet Fleet Management 031 December 2001 Assets Cash and Investments Inventory Vehicles and Equipment (less Accumulated Depreciation) Total Assets $ $ 825,906.15 14,590.00 1,000,887.37 1,841,383.52 Liabilities Accounts Payable Due to Other Funds Accrued Payroll Compensated Absences Total Liabilities Reserves Reserve for Encumbrances Unreserved Fund Balance Investments in Capital Assets Total Reserves Total Liabilities and Reserves Revenue to Date Expenditures to Date Current Encumbrances Total Liabilities 120,263.80 2,480.83 13,924.65 136,669.28 (30,322.52) 1,252,912.35 271,489.35 1,494,079.18 1,630,748.46 336,758.68 (156,446.14) 30,322.52 1,841,383.52 42 City of Palm Beach Gardens Revenue and Expenditure Statement Fleet Management Fund 031 Year To Date Through December 2001 Annual Revenues Budget 2001 2000 Percent Interest $ 20,000.00 $ 4,220.70 $ 6,247.31 21.10% Insurance Proceeds 20,000.00 7,007.20 39,593.14 35.04% CNG Fuel 102.78 34.24 Transfer in 1,301,712.00 325,428.00 -25.00% Appropriated Fund Balance 248,374.00 --0.00% Total Revenues $ 1,590,086.00 $ 336,758.68 $ 45,874.69 21.18% Expenditures Personal Services $ 393,403.00 $ 54,657.17 $ 67,804.31 13.89% Operating 512,317.00 58,797.70 66,443.99 11.48% Capital Outlay 445,000.00 -22,232.00 0.00% Debt Service 131,875.00 --0.00% Transfer to General Fund 50,675.00 12,668.75 -25.00% Total Expenditures $ 1,533,270.00 $ 126,123.62 $ 156,480.30 8.23% Excess of Revenues over Expenditures 56,816.00 210,635.06 (110,605.61) 43 PROPRIETARY FUNDS ANALYSIS OF REVENUES AND EXPENSES ENTERPRISE FUND - GOLF REVENUES The City assumed December 1, 2001. new management. management of the operation of the golf course effective Therefore, these statements reflect only one month under the Total revenue for the quarter was $373,429, or $82,000 less than the same period last year. The golf course was hit especially hard this quarter compared to-last year due to bad weather and road construction. Greens Fees for the three-month period were $71,177, or 10% of the budget, and are down by $5},073 from last year. Total rounds played for the quarter were approximately 11,000, down from 15,000 for the same period last year. Cart Fees totaled $96,077 for the quarter. This represents 18% of the budget for the year, and is down $17,675 from last year. Pro Shop Sales for the three-month period were $17,147, or 21% of the budget, and are up by $800 from last year. Prepaid Permits totaled $112,383, or 89% of budget. This is a decrease of $2,900 from the same period last year. Food Sales totaled $16,672 for the quarter. This represents 18% of the budget for the year, and is down $7,800 from last year. 44 EXPENSES Although revenues are down, expenses are also down. Total expenses through December 31 were $420,905, or $56,000 less than the same period last year, and represent 23% of the budgeted amount for the current year. Pro Shop expenses for the quarter totaled $298,732, down $49,000 from last year. This represents 25% of the budget for the current year. Golf Maintenance expenses totaled $95,374 for the quarter, and are down by $130 from the same period last year. Total expenses through December 31 represent 17% of the budget for the current year. Golf Restaurant expenses for the quarter totaled $26,800, down $7,130 from last year. This represents 23% of the budget for the current year. Although total expenses are down for the year, the fund still experienced a net loss (excluding depreciation) of $47,000 for the quarter. FLEET MAINTENANCE REVENUES Total revenues through December 31 totaled $336,759, or $290,942 more than last year. The large increase is due to last year’s first quarterly transfer being posted subsequent to the end of the first quarter. Total revenues collected represent 21% of the budgeted total for the current year. EXPENSES Total expenses through December 31 totaled $126,123, which is $30,322 less than last year. This represents 8 % of the budgeted total for the current year. 45 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 10, 2002 The January 10, 2002 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: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported the PGA Business Corridor Association was seeking funds from the private sector for the TIPS program throughout the county. Police Chief FitzGerald reported on his efforts to locate funding and about a letter that will be sent to other Police Chiefs. Councilmember Furtado indicated $17,000 was needed now and a doctor had already contributed $5,000. Councilmember Furtado recalled that the City was going to recognize Gary Carter; however, Mayor Russo indicated he did not want to be recognized until he made the Hall of Fame. Councilmember Furtado suggested using private meeting rooms for summer school classes if the schools were closed. Vice Mayor Jablin indicated he would consult Dr. Orr on that subject. Councilmember Furtado requested the status of the canal report, to which City Manager Ferris responded the report should be finished a week from tomorrow and meetings would be held to review the report. Mayor Russo reported he and the City Manager had met with Congressman Shaw, who planned to work on the City’s problems of State funding being cut, and efforts to get a quiet zone. CITY MANAGER REPORT: Discussion of Policy on Development Review: Mayor Russo thanked the members of the Planning and Zoning Board who were in attendance. He explained that individual PUD’s within the Evergrene PCD had not been approved at the last meeting because of concern regarding setbacks, large homes on small lots, etc. Mayor Russo indicated he did not agree that this community reflected the new urbanism concept. Growth Management Director Charles Wu explained that zero lot line design standards were needed to avoid the need for so many waivers in these types of communities. Mr. Wu reported that based on the last meeting, staff was looking closely at justification for waivers, and urged the City Council to support staff when they required developers to provide this justification. Mayor Russo expressed that the standards set for Frenchman’s Reserve and for Mirasol were the minimum setbacks that should be allowed. Councilmember Sabatello recommended charting projects approved in the past to compare setbacks and densities. He said the burden should be on the petitioner to show that their unique project meets all the criteria and basic approvals granted in the past, that there must be good reasons for waivers. Councilmember Clark CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 2 commented that homeowners must understand that the 10-foot separation between homes is available for accessing back yards of their neighbors and must be told when the home is purchased. He recommended banning fences in these areas and establishing standards for front porch homes. City Attorney Rubin clarified that he reviewed the declarations for all new PCD’s and that there was language in them allowing easements to access to the rear yards. Councilmember Sabatello recommended talking to the Abacoa planner and to the developer, DiVosta Homes, regarding front porch homes. Mr. Wu asked that the Councilmembers advise staff of any items developers might mention to them during informal discussions so staff could address those items during the review process. Vice Mayor Jablin also suggested that developers of new types of projects arrange to meet with Councilmembers individually at the very beginning; Mayor Russo favored an initial workshop. Mr. Steve Tarr, Planning and Zoning Commission, requested joint workshops between staff, City Council, and the Commission so that the Commission would know what the Council wanted. Dick Ansay, Planning and Zoning Commission, also requested joint workshops, and explained he had been impressed with the new concept in Evergrene. Mayor Russo requested that criteria be developed quickly and a joint workshop scheduled so that the developer could move forward. Councilmember Sabatello requested an open dialog before the next Planning and Zoning Commission meeting to discuss this issue. Attorney John Gary, representing the Evergrene developer, WCI, reported that since the last City Council meeting there had been a lot of changes made in the two site plans, and he believed that most of the problems had been addressed, and requested that this project not be held up while standards were being developed. Mr. Gary requested the opportunity to meet with the Councilmembers to show them the revised plans. Mayor Russo indicated if the setbacks had been changed and other concerns had been addressed, he would be comfortable moving the Evergrene project forward. Crime Report - Police Chief FitzGerald reported a dramatic increase in residential burglaries. Officer Bobby Wolmar reported on how the gypsy burglars operated within the City and throughout the state and country, and his efforts to apprehend them. Police Chief FitzGerald thanked Officer Wolmar for his outstanding efforts and for the work done by all the police officers. COMMENTS FROM THE PUBLIC: Paula Magnuson, 3167D Gardens East Drive in Sandalwood, asked if Christ Fellowship was on the agenda. Mr. Wu indicated it would be continued to March 7. Mayor Russo reported he had met with Pastor Mullins, who requested a 30-day delay to discuss issues with residents. Ms. Magnuson reported speeding on Gardens East Drive. Police Chief FitzGerald indicated that would be addressed. Ms. Magnuson requested that parking in the swale also be addressed. Carol Estrada, 309 Riverside Drive, reported 22 residents had met with Attorney Steve Mathison on December 18 pertaining to the Banyan Tree PUD project, and they had been very concerned regarding traffic. Ms. Estrada reported that 4,758 vehicles came through MacArthur Boulevard at Riverside Drive within a 24-hour period and requested adoption of traffic calming resolutions for this and other neighborhoods. Lowering tonnage on the bridge on MacArthur Boulevard was CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 3 also suggested. Discussion ensued regarding the sidewalk plan and traffic problems of vehicles cutting through this neighborhood. Police Chief FitzGerald indicated traffic calming measures would be instituted. CONSENT AGENDA: Item (b) Resolution 179, 2002, and Item (c) Resolution 3, 2002, were requested to be pulled from the Consent Agenda. Councilmember Clark moved approval of the Consent Agenda with the exception of items (b) and (c). Vice Mayor Jablin seconded the motion. The motion carried by unanimous 5-0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the December 6, 2001 Regular City Council Meeting. d. Arbor Day Proclamation. e.Consideration of purchasing a Toro 6500D 95" Reel Mower and Verticutter at a cost not to exceed $40,685.75. f. Extension of existing Towing Contract. Consideration of extending existing vehicle towing services contract for 60 days. g. Resolution 5, 2002 -BellSouth Easement. Consideration of executing an easement to BellSouth Telecommunications, Inc. for the installation of buried cable. Consideration of items pulled from the Consent Agenda: b. Resolution 179, 2001 - Nextel 125’ Communication Tower at Lilac Street. Consideration of approving a site plan application from Nextel Communications to allow for construction of a 125 foot high wireless telecommunication tower, to be located on property leased from the City of Palm Beach Gardens at 10245 Lilac Street, 525 feet north of the intersection of Lilac Street and Plant Drive. City Attorney Rubin reported the lease agreement approved by City Council requested an amendment so that Nextel could provide $9,000 in cash for the City to purchase their own phones instead of Nextel providing the phones, since the City could get the phones at cheaper prices. Councilmember Clark moved approval of Resolution 179, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 5-0 vote. c. Resolution 3, 2002 - McDonald’s within Promenade Plaza. Consideration of approving a site plan to provide for the renovation of a commercial out-parcel located within the Promenade Plaza Shopping Center, as more particularly described herein; providing for an approximately 3,658 square-foot drive-through restaurant. Mayor Russo requested review of waivers to be sure waivers were not being granted that others could not receive. Mr. Wu presented the project. Councilmember Clark pointed out a mistake in the legal description, which staff clarified. Councilmember Clark moved approval of Resolution 3, 2002 with amendment of the legal description changing Dade County to Palm Beach County. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. PUBLIC HEARINGS: Ordinance 2, 2002 -. Mayor Russo declared the public hearing open, held on the intent of Ordinance 2, 2002 - Consideration of an ordinance of the City Council of CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 4 the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at: 5312 Northlake Boulevard, approximately 3A miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date - for consideration of first reading. Councilmember Clark made a motion to continue Ordinance 2, 2002 to March 7, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. Resolution 4, 2002 - Mayor Russo declared the public hearing open, held on the intent of Resolution 4, 2002 - Consideration of approving an application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 531,2 Northlake Boulevard, approximately 3A miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000. Councilmember Furtado made a motion to continue Resolution 4, 2002 to March 7, 2002. Councilmember Clark seconded the motion, which carded by unanimous 5-0 vote. Ordinance 44, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 44, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of First Reading continued from December 6, 2001. Vice Mayor Jablin made a motion to continue Ordinance 44, 2002 to March 7, 2002. Councilmember Clark seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR DISCUSSION: NOPC Concurrent Processing Discussion - Growth Management Director Charles Wu pointed out the issue tonight was to see if City Council approved of the NOPC moving forward ahead of the Menin site plan. Mayor Russo asked if the NOPC change could be tied into criteria for the Menin project. The City Council indicated they were in favor of this project. Attorney John Gary, representing Developer Dan Catalfumo, said Menin was hesitant to spend money without an NOPC already approved, and requested this item be on the February 7 agenda. Mr. Jacobi with Menin Development reported this was an $86 million project. Mayor Russo favored moving both items forward together. The appeal period for the NOPC was discussed. Mr. Gary advised that Treasure Coast had indicated they had no traffic issues. Mr. Jacobi indicated concurrent processing could delay the project because plans had to be changed, such as had already CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/10/02 5 occurred from PGA Boulevard, and also that he had been advised by an attorney that interested property owners within the DRI could bring an appeal. Principal Planner Talal Benothman indicated only state agencies or the local government could appeal, and that even the State could not appeal after City Council’s approval unless they had previously objected. The City Attorney advised that would be researched. Discussion ensued. Mr. Wu indicated some broad items could be tied to the approval, but not specific site plan issues. Dan Catalfumo commented there was a PGA Boulevard Overlay with strict criteria and the mall also had very strict criteria regarding roads, architectural features, and landscaping. Mr. Wu clarified that the site plan process had been stalled waiting for the applicant to respond to DRC comments. It was announced that a solution to parking issues was ready to be presented. Relocation of the cultural use site was discussed. Councilmember Furtado indicated she was comfortable if the boardwalk around the lake remained, and was assured it had not been changed. Mayor Russo clarified that on February 7 the applicant needed to know the NOPC that the City Council would ultimately approve. Mr. Catalfimao indicated as soon as the applicant knew the NOPC that would be approved they could finish the site plan. The applicant indicated they would have the finalized site plan submitted within a week or so following direction from the City Council regarding the NOPC. Mr. Wu clarified that on February 7 the City Council expected to see the NOPC with safeguard conditions to try to address their concerns. Councilmember Sabatello requested the applicant work with the City Attorney and Mr. Benothman regarding who could appeal the NOPC. 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 9:40 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 21, 2002 Meeting Date: February 7, 2002 Subject/Agenda Item: Resolution 149, 2001- Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue -Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed b y~,,~’,) City Atto rne y(k,~_~/ Finance ACM Other ~ed by: Assistant City Engineer AP~ ~Y: City Mana e~r~ Originating Dept.: ~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 149, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue 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 Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat consisting of three (3) sheets dated September 2001, prepared by Lidberg Land Surveying, 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 149, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CML 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. MEMORANDUM Carol Gold, City Clerk Sean C. Donahue, P.E...~:if~ September 20, 2001 01-4191 SUBJECT:Regional Center-Parcels 27.12,27.14 and Lake Victoria Gardens Avenue We have reviewed the plat for the referenced project prepared by Lidberg Land Surveying, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:WROJECTSkPB GMEM 0\4191 \419 (.~Z uJ< ~-- W W-r W W ! W Z CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 21, 2002 Meeting Date: February 7, 2002 Subject/Agenda Item: Resolution 152, 2001-PGA Commons Plat 2-Plat fleeommenaation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by:~_.~ City Attorney Finance ACM Other ~tted by: Assistant City Engineer Originating Dept.: G(~!h Management Advertised: [X ] Not Required Affected parties iilri~n~adgb r~"~’~ [[-’~i iiiili:iu i re d Costs: $. 0 (Total) $ 0 Curre’~t FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None BACKGROUND: See: attached memorandum. RESOLUTION 152, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PGA COMMONS PLAT 2 PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the PGA Commons Plat 2 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 PGA Commons Plat 2 Plat consisting of three (3) sheets dated August 2001, prepared by Wallace Surveying Corporation, attached hereto as Exhibit 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 152, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL 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: 1)ATE: HLE NO. MEMORANDUM Carol Gold-City Clerk Sean C. Donahue, P.E. ~ September 21, 2001 99-4067 SUBJECT: PGA Commons Plat 2 (PGA Commons No. 3) We have reviewed the plat for the referenced project prepared by Lidberg Land Surveying, Inc. The plat was reviewed for compliance with Chapter 177 of the Florida statutes and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:WROJECTSWBGMEMO\4067\4067zb f n c~W w w7~ C~ ,-< LU ~CO o~ W n W c~ O~W C~L1. --~_ i! ~m w © --~.. W W I 0 0 0~ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 7, 2002 Date Prepared: January 15, 2002 Subject/Agenda Item: Consideration of Approval: Resolution 10, 2002 appointing Kevin M. Wagner to serve as Code Enforcement Special Master for two years and authorizing the Mayor and City Clerk to execute an agreement with Kevin M. Wagner. Recommendation/Motion: Staff recommends that Resolution 10, 2002 be approved. Reviewed by: ~ City Attorne,~~¢~ F.!nance ,/ ~ Other Sut ~nitted by: G~rowt~h ~ ~gt.~Di~ecto~r Ap p r o ~,~.~/~,~__~ City M ~ n ~ge~,," Originating Dept.: Growth Management Advertised: Date: Paper: [X] Not Required Affected parties --[3-N0tified [x] Not required Costs: $120.00 per hour Total $ 4320.00 Current FY Funding Source: [] Operating [X] Other Professional Services - Other Budget Acct.#: 1430-515.3150 Council Action: [] Approved [] Approved w/conditions [] Denied [] Continued to: Attach ments: 1.Resolution 10, 2002. 2.Agreement [] None BACKGROUND: On June 1, 2000, the City adopted Ordinance 12, 2000 which amended Chapter 2 of the City’s Code of Ordinances entitled "Administration," Article IV entitled "Code Enforcement," by City Council Meeting Date: February 7, 2002 Preparation Date: January 15, 2002 Resolution 10, 2002 providing for Code Enforcement proceedings to be conducted by a Special Master. Mr. Kevin M. Wagner, the former chairperson of the Code Enforcement Board, has served as a volunteer Special Master since the adoption of Ordinance 12, 2000. On December 7, 2000, the City adopted Resolution 117, 2000, which approved the appointment of Mr. Wagner as Interim Special Master for one year. COST: A total of $4320.00 was approved in this budget year for the services of a Special Master. This breaks down to an hourly cost of $120.00. Special Master meetings are held monthly, and generally run two (2) hours per meeting. Januaw 7,2002 RESOLUTION 10, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT SPECIAL MASTER AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KEVIN WAGNER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-211 of the City’s Code of Ordinances provides that the City Council shall appoint a Code Enforcement Special Master by a majority vote; and WHEREAS, Kevin M. Wagner has served as Interim Code Enforcement Special Master since the adoption of Resolution 117, 2000; and WHEREAS, the Code Enforcement Administrator has recommended that Kevin M. Wagner be appointed to serve in this capacity on a permanent basis and that the City enter into an agreement with Wagner; and WHEREAS, the City Council has determined the appointment of Kevin M. Wagner to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 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 hereby appoints Kevin M. Wagner to serve as Code Enforcement Special Master. The City council further authorizes the Mayor and City Clerk to execute an agreement with Mr. Wagner, a copy is attached hereto as Exhibit "A" and incorporated herein by this 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 application, it shall not affect the validity of the remaining portions or application of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYORJOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT 2 AGREEMENT THIS AGREEMENT, made and entered into this day of 2002 by and between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida ("City") and KEVIN M. WAGNER ("Wagner"), individually. WITNESSETH: WHEREAS, the City wishes to retain the services of Wagner to serve as the City’s Code Enforcement Special Master. NOW THEREFORE, in consideration of the promises, mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable consideration, the parties do mutually covenant and agree with each other as follows: SECTION 1. DUTIES Wagner shall serve as the City’s Code Enforcement Special Master at all scheduled Code Enforcement hearings in accordance with Chapter 2, Article IV, Division 1 of the City’s Code of Ordinances and shall devote such time as is necessary to perform the duties outlined therein. Wagner shall exercise all authority granted by Section 2-213 of the City’s Code of Ordinances. SECTION 2. TERMS AND TERMINATION Ao This Agreement shall remain in effect for a period of two (2) years, unless terminated earlier. This Agreement may be terminated at any time by either party, for any or no reason, by serving notice on the other party in accordance with Section 5. Such notice shall be effective on the day it is delivered or mailed. C.In the event of termination, Wagner will be compensated for all services actually performed prior to the date of termination. SEC’I"ION 3. INDEPENDENT CONTRACTOR Ao The parties acknowledge and agree that the City is retaining Wagner as an independent contractor and Wagner shall not, for any purpose, be considered a City employee. The parties stipulate that this Agreement is not an employment contract and does not create an employer/employee or principal/agent relationship nor will such a relationship be created by reason of Wagner’s performance of the services herein specified. go Wagner is responsible for providing a professional service and Wagner will be solely responsible for all payroll taxes, including, but not limited to federal income withholding tax, FICA, and federal and state unemployment taxes. Wagner will be responsible for the filing of an IRS Form 1099 and the payment of applicable self- employment taxes. SECTION 4. COMPENSATION As compensation for performing the services contemplated by this Agreement, the City will pay Wagner the sum of $120 for each hour worked. go The City shall pay Wagner on a monthly basis, upon receipt of an invoice detailing all services performed and the amount of time expended to the nearest one-tenth (1/10)of an hour. SECTION 5. NOTICES All written notices required under, or contemplated by, this Agreement shall be hand delivered, telecommunicated, or mailed by certified mail, return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager 2 As to Wagner: Kevin M. Wagner 10168 Siena Oaks Circle East Palm Beach Gardens, Florida 33410 SECTION 6. GENERAL PROVISIONS Ao This Agreement shall constitute the entire understanding between the parties and shall be modified and amended only in writing and executed with the same formalities as the original. If any provision, or any thereof, contained in this Agreement is held to be unconstitutional, invalid, unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. This Agreement may not be assigned without the prior written consent of all parties to this Agreement¯ IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF PALM BEACH GARDENS By: Joseph R. Russo, Mayor Attest: Carol Gold, City Clerk Witness:KEVIN M. WAGNER 3 CITY OFPALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 7, 2002 Date Prepared: January 17, 2002 Subject/Agenda Item Supporting the State of Florida Division of Emergency Management Department of Community Affairs funds for the erection of a fire-training facility and authorizing the Mayor to enter into an agreement for State Emergency Management monies. Recommendation/Motion: Staff recommends approval of Resolution #13 to support the erection of a fire training facility for firefighters through the application for a grant through the State Emergency Management Agency. Reviewed by: City Attorney Finance ACM Human Res. Other Deplrtment Hea~""/~-" Originating Dept.: Fire Rescue Advertised: Date: Paper: [ X ] Not Required Affected parties Costs: Total $0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Staff Report Letter of Support Grant Application Resolution App ~[ ] Notiirted .,,City 1Vl-an~ge~/" , , [ X ] Not required BACKGROUND: See Staff Report. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council Date: October 15, 2001 APPROVED: Ronald M. Ferris, City Manager FROM: Peter T. Bergel, Fire Chie~ SUBJECT: Support for the State of Florida Division of Emergency Management Grant Program Background Fire Rescue has initiated a training program through the Palm Beach County Community College to train firefighters. The program consists of classroom and hands on training. The hands on training is paramount in learning to fight fires, rescue victims and escape from disastrous situations. This Community Affairs Grant from the State of Florida Emergency Management Department would provide the funding to erect a fire training facility on the Station 3 site. Per Resolution No. 91, 2000, the City Council approved this site to include a future training facility. Discussion ¯The grant proposal addresses the need to train firefighters, police officers and CERT members to handle disaster before, during and after they occur. ¯ ¯The grant will fund a prefabricated fire-training tower and burn room. ¯The grant program will provide funds to erect this structure to be used as a training site for basic firefighting, terrori.sm countermeasures, Community Emergency Response Team Drills and rescue. Recommendation Staff recommends of Resolution # 13 supporting the application for a grant from the Florida Emergency Management Department of Community Affairs funds to provide a fire training facility. PTB:vhw Emergency Management Competitive Grant Program Fire Training Facility for the Expansion of CERT, Firefighter and Law Enforcement Officer Special Operations Program Submitted by: City of Palm Beach Gardens Fire Rescue Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 10500 N. MILITARY TRAIL ¯ PALM BEACH GARDENS, FLORIDA 33410-4698 Joseph Russo Mayor Eric Jablin Vice Mayor Cad Sabatello Mayor Pro Tern David Clark Council Member Lauren Furtado Council Member January 10, 2002 Craig Fugate, Director Florida Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Fugate: South Florida’s experiences with Hurricane Andrew in 1992 illustrated how inadequately educated and prepared our residents were for facing a major natural disaster. The lessons learned from Andrew led emergency management groups to believe that a substantial amount of needless loss of life will occur when the next major catastrophe hits if a real and effective mechanism, to realistically train local residents and emergency personnel, to respond effectively and safely to a disaster. The WTC tragedy echoed this fear of needless loss of the lives of emergency response personnel due to misconceptions about the technical rescue maneuvers performed by firefighters and law enforcement officers. The loss of life is tragic, making training a priority for first responder~ in catastrophic situations. This grant proposal addresses the nature of the problem and proposes the Fire Training Facility to be utilized for CERT, firefighters and law enforcement officers to mitigate this problem. This training program will prepare local residents to face a major disaster and provide state of the art training for first responders in handling these disasters. In order to expand the training programs, we are respectfully submitting this grant proposal requesting funds for the acquisition of a fire training facility. The fire training facility will provide training for firefighters, CERT members and police officers in controlled environments, which replicate actual hazardous conditions. The goal is to have all Palm Beach Gardens firefighters and police officers along with any other regional fire and police department personnel trained in the latest terrorism countermeasures, technical rescue and fire suppression and all CERT members to be trained in handling real life disaster scenarios. With this grant assistance, we strongly believe that the necessary momentum will be gained to truly prepare our residents and police and fire personnel to face a major disaster. RMF:vhw EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 1 / /TITLE PAGE / / TITLE OF PROJECT: Fire Training FaciliPr’ for the Expansion ofCERT, Firefighter and Lax‘" Enforcement Officer Special Operations Protzram AMOUNT.REQUESTED FROM STATE $ 189,715.00 AMOUNT MATCHING FUNDS COMMITTED $_60,000 This is an application for a competitive grant under (indicate ONLY one): X 1 ) Emergency Management Competitive Grant,.,program, or 2) Municipal Competitive Grant Program The application is submitted for consideration in the following catego~ (select ONLY one): 1 ) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts ofstatewide private sector organizations, including public-private business partnerships. 3) A project that xvill improve the training and operat~ons capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. X __4) A project that ,,,,’ill otherwise further state and local emergency, management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Palm Beach Gardens Fire Rescue Department Address of’Organization: 10500 N. Milita~ Trail Palm Beach Gardens, FL 33410 E-mail address: pbergel@ci.palm-beach-gardens.fl.us Name of Chief Elected Official: Joseph Russo, Mayor Name of Chief Administrative Officer: Ron Ferris. City Manager Name of Applicant Contact: Peter T. Ber~zel Title of Applicant Contact: Fire Chief Telephone Number of Applicant Contact: (561)- 799-4361 Federal Employee Identification (FEID) Number: 59-604583 AUTHORIZED SIGNATURE [Must comply with 9G-19.008(7), F.A.C.., or application will not be scored]: Signature: Title: DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND EMERGENCY MANAGEMENT COMPETITIVE GRANT APPLICATION Letter of Transmittal TABLE OF CONTENTS Page 1 Title Page 2 Table of Contents Proposed Project Presentation 1- Emergency Management Need 2- Benefits (short and long-term) 3- Consistency with Comp. Emergency Management Plans 4- Approach Budget ~ Budget Narrative 5- Matching Funds 6- Applicant Experience 7- Tiebreaker 4 5 6 9 10 10 11 11 11 Attachments A-Consistence ~vith County CEMP B-City of Palm Beach Gardens Resolution 91,2000 12 13 1. Clearly identify, describe and document the emergency management need or problemf provide an in-depth explanation of the proposal, and shosv how it meets the need/so.’,ves the identified problem. If applicable, clearly link the emergency management need to the priority issue area(s) contained in the current Notice of Fund Availability (NOFA); [Maximum score 150 points] The City of Palm Beach Gardens is a muni~zipality located in northern Palm Beach County. Palm Beach Gardens is home to 35,600 residents and experiences a seasonal population of approximately 50,000. The City occupies 54.23 square miles, making it the largest municipal land area in Palm Beach County. Like all South Florida communities, Palm Beach Gardens is highly vulnerable to tropical weather and hurricanes. The CERT program is very active in Palm Beach Gardens; however, hands on real life disaster scenarios have been available on a limited basis. Since Palm Beach County is located strategically on the Atlantic Coast, the possibility of a terrorist attack is very real. Until the 1980’s, the US goyernment, like most other Western governments, considered terrorism to be primarily a police matter. Palm Beach County does not have a fire training facility for terrorism countermeasures or technical rescue training. Recent events such as the destruction of the World Trade Center and the damage to the Pentagon compeilingly demonstrate that the threat of terrorism in the United States is not negligible. These recent events and others have led to heightened security measures in many facilities in the U.S. The concern generated by terrorism has focused attention on federal, state, and local law enforcement preventive and preparedness measures and, in particular, on the reevaluation of domestic security policies and procedures nationwide. The FBI and many large police departments, through joint terrorism task forces, have taken signi,ficant steps to develop plans and countermeasures-to protect the most vulnerable or likely terrorii;ts targets. However, equally attractive and lucrative potential targets--such as military installations, fuel supplies, telecommunications nodes, power plants, and other vital infrastructures--exist in smaller less- populated jurisdictions. A national survey of state and local law enforcement agencies designed to assess how law enforcement agencies below the federal level perceive the threat of terrorism in the U.S. found that the majority of state and municipal organizations consider terrorism, or a threat thereof, to be a problem. The FBI is in the best position to take the federal lead in facilitating city-specific threat and risk assessments. Since the FBI through the Attorney General, is the lead agency for domestic terrorism crisis management they collect, analyze, and report threat information on domestic origin threats and targets. Local fire service agencies must utilize this information and train personnel accordingly. The City of Palm Beach Garden’s comprehensive Emergency Management Plan directs the City’s Emergency Management Official to provide preparedness education to the public as well as provide coordination of all ESF-15 volunteers. The City’s CEMP mirrors both County and State plans. Palm Beach Gardens is in dire need to educate the community in disaster preparedness and awareness of terrorist threats as well as to train firefighting and police personnel in hurricane readiness, post storm mitigation, terrorism countermeasures, medical aspects of Chem/Bio terrorism, SWAT Medic operations and specific firefighting technical rescue such as; rope rescue, confined space rescue, trench rescue, and structural collapse rescue. The emergency management priority addressed under project category 4 is: 4 4. Projects that will further state and local e~i~ergency management objectives, which have been designated by the State of Florida " " ~as prtortt~,es in the applicable notice of fund availability. c) Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities as identified on the ESF Matrix on page 30, figure 7 of the Florida Comprehensive Emergency Management Plan. Training facilities for firefighters and community emergency response teams improve preparedness, response and recovery in all critical areas. Firefighters and police officers will be instructed in self protection for first responders in Weapons of Mass Destruction (WMD) incidents, improvised explosive devices, hardened and military munitions, weaponized chemical agents, non-weaponized chemical agents, weaponized biological agents, non-weaponized biological agents, nuclear devices, high risk search warrants, hostage rescue situations, barricaded suspects, sniper situations,, civil disturbances, and technical rescue. ¯The CERT teams will be afforded the opportunity to respond to simulations of various incidents including post storm search and rescue, triage, and fire suppression. Palm Beach Gardens CERT is also included in the Palm Beach County Mitigation Strategy Priority List. This project will provide the funding for a fire training facility, which will train CERT teams, firefighters and police officers to respond to natural disasters and acts of terrorism. 2. Identify and demonstrate long- and/or short-term tangible benefits of this proposal coupled with the availability of resources necessary to continue the project; and identify the number of emergency management personnel whose emergency management needs will be directly benefited by the project. [Maximum score 75 points] The fire training facility provides training for firefighters, CERT members and police officers in controlled.environments, which replicate actual conditions. The building is a complete unit consisting of an elevated structure (tower) of four floor levels under a flat roof, with interior stairs, joined to a single story structure (burn room annex). The building meets and exceeds the 145 MPH wind load per ASCE 7-98. The building is pre-engineered and will be erected on the existing Fire Station 3 site. This program is a long-term project designed to train CERT members and firefighters throughout the County. The facility will be erected within the 12-month period and training will begin during FY 2002/2003. The long range goal is to have all Palm Beach Gardens firefighters and any other regional fire department personnel trained in the latest terrorism countermeasures, technical rescue and fire suppression and all CERT members to be trained in handling real-life disaster scenarios. Forty to fifty CERT teams will represent primary neighborhoods and the goal is to achieve this number over the next 10 years. The grant request however, is constructed to reflect the short-teem goal of training firefighters in terrorism countermeasures and getting a significant number of CERT teams trained in real life scenarios in the coming years. The program momentum created by an additional training schedule in the new facility is expected to propel the program into some sort of self-sustaining mode. We have seen first hand the benefit of the CERT program. News.paper articles, homeowner newsletters, requests for hurricane preparedness talks, and an escalating demand for the program has already raised hurricane awareness and preparedness interest in Palm Beach Gardens. The CERT program is a vehicle, which seems to finally be moving our community toward the 5 ultimate goal of disaster mitigation. Tangible benefits include expanding this awareness and interest tenfold, as well as pushing emergency management officials and emergency service departments into improved planning and preparation. Terrorism countermeasure training is at the forefront due to the recent attacks on America. Very recent research "Domestic Terrorism: A National Assessment of State and Local La~v Enforcement Preparedness" that was conducted in RAND’s Criminal Justice Research Program revealed a three-phased approach, including a national survey of state and local law enforcement agencies arrive at a net assessment of the terrorist threat in this country as perceived by these jurisdictions; exploration, identification, and description, through case studies, of notable instances of liaison, guideline development and implementation, training, and cooperation between state, local, and federal authorities with respect to anti-and counter-terrorism programs; the identification and description of promising anti-terrorist and counter-terrorist programs through case studies of local jurisdictions; and the identification of programs to counter potential future threats as well as the development of a future research agenda. Firefighters and Law Enforcement Officers countywide will benefit from this training. The development of a CERT network with the City benefits nearly every agency involved in emergency management, preparedness, or response. The ability of the Police and Fire Rescue Department to place a designated representative with a CERT group before, during, or after a disaster literally expands the work force by the number of CERT members in that group. For example, ifa police officer and paramedic are assigned to a CERT group made up of 16 people, the two departments have effectively expanded their ~vork force 16 times. This holds true for public works and utilities departments as well. Such assistance also can extend to the Red Cross and other volunteer agencies providing relief efforts. 3. Clearly describe the projects consistency with the State Comprehensive Emergency Management Plan and any applicable local plans. [Maximum score 100 points] The State of Florida, Palm Beach County, and the City of Palm Beach Gardens mirror each other under the "purpose" section defined in the introduction of the State’s CEMP. This very important section of the CEMP clearly defines what the State’s plan and all others are designed to accomplish. Specifically, there are six (6) points referred to in this section summarized below: State Plan ¯Reduction of community vulnerability to damage, injury, and loss of life from catastrophic events. ¯Preparation for prompt and efficient response and recovery to protect lives and property. ¯Utilization of all systems, plans, and resources necessary to preserve the public health, safety, and welfare of persons affected by the disaster. ¯Provide as rapid recovery as possible from such events. ¯Overcome the inadequacies of emergency ’ planning and regulation by assisting in the anticipation, recognition, appraisal, prevention, and mitigation of related issues. The CERT training in the fire facility will actively and aggressively enlist the support of the very people that will be affected by disaster conditions. Through the education of local citizens in hurricane characteristics and behavior, evacuation requirements, property reinforcement, neighborhood inventory techniques, special needs identification, pre and post storm measures and response, and group organization; the CERT concept directly reflects and contributes to each of the purposes mentioned in the State plan. 6 The CERT program offers Florida the potential to accomplish something that all other programs have failed to do: have a substantial percentage of each community committed to disaster preparedness and functioning as partners with emergency management agencies in the overall mitigation effort. CERT teams can make significant contributions to the recovery phase after a disaster has passed. CERT members can distribute emergency supplies and equipment and provide some kind of help in nearly every post-disaster role. The CERT program is consistent with the need to provide coordination and liaison to Emergency Support Function ESF# 15, "Volunteers and Donations." The CERT program creates this support and coordination eftbrt well in advance of any disaster. When local residents take on the responsibilities to help prepare for and respond to disasters in theirarea, the ESF#15 group is enhanced beyond any other method ever used in Florida. A properly trained CERT program should increase the number, organization, and readiness of volunteers in any community. Training firefighters and police officers in terrorist countermeasures will coincide with the existing SWAT Medic program. Police officers are cross trained as paramedics and firefighter/paramedics are cross trained to perform as police officers in hostage situations as well as working at hazardous scenes. The Palm Beach Gardens SWAT Medic Program directly furthers objectives related to emergency response and assistance to outside jurisdictions. This is a countywide program and the team is on call for emergencies throughout Florida. Properly trained firefighters is consistent with the need to quickly respond and suppress fires resulting from a disaster or fires that can become a conflagration or result in an explosion. This is a primary function of ESF#4, "Firefighting." The fire facil)ty will be utilized by any municipal firefighting organization requesting training in dealing ~vith fires resulting from disasters or acts of terrorism to be utilized as local resources effectively improving the function of ESF#4 of Palm Beach Gardens CEMP, which again mirrors the County and State CEMP. After many disasters the fire department works through the rescue stage to the humanitarian phase. This phase specifically relates to the function of ESF#6, ~vhich "describes the services which will be made available to disaster victims during and after an emergency." Also, if a situation occurs where hazardous materials are released into the environment the firefighters respond to mitigate this incident. ESF# 10 specifically deals with the Primary function of the fire department as hazardous materials responders. The training firefighters ~vill receive in the fire facility will equip them with the knowledge and techniques they need to handle this "catastrophic disaster." The City of Palm Beach Gardens has a comprehensive emergency plan in place, which addresses the role, each appropriate bureaucracy and volunteer group ~vill assume in case of a major disaster. The plan is consistent with all Federal, State, and County guidelines. The CERT concept will not compromise, in any way, the relationship established among the various levels of government. Rather, in addition to assisting~themselves and doing community preparedness, CERT members will facilitate and manage the delivery of goods and services to the individuals in need under the direction of local/state/federal government. CERT is not conceived to replace already established emergency plans, nor is it conceived to allow freelancing. Instead, it seeks to give local residents the necessary disaster relief skills that ~vould not only benefit them immediately after a disaster, but also allow them to serve as the "eyes and ears" of local/state/federal government authorities. County Plan Palm Beach County’s CEMP addresses the same "purposes" as the State of Florida’s plan. Under sections of the Palm Beach County plan, the priorities of reentry are defined. "The 7 number one priority for reentry will be the mobilization and dispatch of search and rescue as well as damage assessment teams into the impacted ar,~as to search for survivors and provide assessments of the damage---" CERT teams and 1-’~refighters will be trained specifically for providing early search and rescue assistance. They know the neighborhoods better than anyone else and can be very effective in locating people in distress. They are trained to provide immediate care and triage of the victims. The goal is to locate, treat, and prepare all victims after the disaster. Additionally, they conduct damage assessment and render the area as safe as possible for any incoJning workers. The following is a list of duties for both the CERT members and firefighting personnel: Primary functions during pre-storm readiness activities include: ¯Secure residential property and obtain safe refuge for family members. ¯Secure their assigned neighborhoods and/or fire districts. ¯Document people needing special assistance.,- ¯Identify people with special needs. ¯Document the names &people who will not be evacuating. ¯Make necessary arrangements as the emergency approaches. These (pre-disaster) efforts ~vill expedite the process and at the same time allow local emergency service providers to focus on other priorities. Knowing that all areas with CERTs and trained professional firefighters are well organized and represented by trained teams will ease some of the pressure emergency management experiences as a hurricane approaches. Primary functions during post storm situations include: ., ¯Assemble the teams at prearranged locations. ¯Choose team leaders and subdivide responsibilities for: ¢" Search & Rescue ¢" Triage ¢" Immediate Medical Care ¢" Utility Control ¢" Fire Suppression ¢" Damage Assessment ¢" Security Control ¢" Communications ¯Find and render care to all persons requiring immediate medical attention. ¯Cut off power at circuit box in houses. ¯Establish high visibility and control in the disaster scene. ¯Extinguish fires and evacuate areas where fire control is not possible. ¯Conduct a rapid damage assessment of the area. ¯Develop an accountability system for each neighborhood and identify any missing persons. ¯Locate and provide care to missing or trapped victims. ¯Set up communications in the neighborhoods and prepare to interact with other local emergency services. ¯In the recovery phase, provide manpower and assistance in the distribution of relief supplies and equipment. The key is CERTs and firefighters add another dimension to local communities to be self- sufficient before and immediately after a disaster. The CERT unit is organized with training and understanding of the ESF concept during their initial training and the City of Palm Beach 8 Gardens firefighters are trained as emergency responders that are an integral part of the ESF /system.,, / Municipal Plan In the City of Palm Beach Garden’s Comprehensive Emergency Management Plan, this project addresses the "Scope" of the plan. The municipal plan is reflective of both the State and Palm Beach County CEMP. Identified in this section are the following: 1.Establishes the framework for detailed supportive planning by city agencies, private and voluntary organizations, and provides for expeditious, effective, and coordinated employment of available resources" before, during, and after a major or catastrophic emergency. 2.Assigns specific functional areas of responsibilities to appropriate city departments and agencies, as well as private sector groups and volunteer organizations. CERT teams have been identified as a significant resource for the City and, as such, are intended to be assigned and utilized to accomplish the mission of emergency preparedness and response. Local CERTs and firefighters will be trained, organized, and in place upon the occurrence of a disaster. As neighborhood groups, they will be first on. the scene and probably the only source of assistance for some time until emergency services can be mobilized .and distributed. 4. Describe why this particular method or approach to solving the problem was chosen over other available alternatives. [Maximum score 100 points] Until recently, the city’s focus on emergency management was direc~ted at improving the CEMP, individual department plans, resource identification, and preplanning strategies. Great effort ~vas focused on dealing with special needs persons. Public education and involvement, however, was limited to "hurricane talks", brochures, public service announcements, and newsletter articles. While successful in their own ways, these methods are inadequate to achieve the goal of getting a large segment of the population involved in the process of placing emergency preparedness at the forefront of their concern. City preparedness officials feel a more aggressive hands-on approach to educating the community was needed. The fire training facility seems to be the perfect answer to the problem. The CERT project is currently in progress in the City of Palm Beach Gardens. Unfortunately, budget constraints prevent the construction of a training facility for realist emergency scenario response training. The objective is to make the course available to every area of the City within three (3) or four (4) years. The approach is simple: provide a prefab type fire and emergency training facility to be used to teach residents to prepare for a disaster and to teach firefighters and police officers in terrorism countermeasures and SWAT Medical Services. This facility will provide the opportunity for realistic training. It will be used regionally for other fire and police departmen~/s who need the training and do not have a facility. The City of Palm Beach Gardens has chosen this approach because it has proven to be most practical, cost effective, and efficient way to improve public safety before, during and after a catastrophic disaster. *Note: This is a training structure that is not occupied unless training is in progress. The wind load does comply with ASCE 7-98 per Steven P. Westra, P.E., Director of Engineering: Fire Facilities, Inc. The EMPATF-ARC 4496 Questionnaire does not apply per Mr. Danny Kilcollins, Planning Manager. 9 EMPA COMPETITIVE GRANT’APPLICATION ATTACHMENT 2 Date: January 8, 2002 Proposed Budget EXPENDITURE CATEGORIES In-kind Services ;Match 1. SALARY AND BENEFITS 2. OTHER PERSONAL / CONTRACTUAL SERVICES A. Labor for fire facilityassembly. Cash Match Total Grantee Cost EMPA Award D Total Project Cost C+D=E 3. ADMINISTRATIVE EXPENSES 4. EXPENSES A. Four repelling rings. 5. OPERATING CAPITAL OUTLAY 6. FIXED CAPITAL OUTLAY A.One acre of land B.Concrete Pad Construction C.Building tower D.Burn Annex E.Fire Department Connection with riser F.Exterior ladder G.Elevator shaft TOTAL EXPENDITURES PERCENTAGES 60,000.00 60,000.00 .~2°/o 60,000.00 47,060.00 495.00 25,000.00 79,245.00 10,650.00 2,536.00 II,400.00 13,329.00 47,060.00 495.00 202,160.00 60,000 189,715.00 249,715.00 a~,.o 68%100% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: The proposed budget is for a project which would enhance the training capabilities of Palm Beach Gardens Fire Rescue for the CERT Program, SWAT Medics, terrorist countermeasures for firefighters and police officers by adding this prefab fire facility consisting of a tower and burn annex. Special line items detail planned cost elements. The grant funds will be used to purchase a fire facility, which will be located on the 10 erounds of Fire Station 3 nov, under construction. Under fixed Capital Outlay an acre of’iand has been / ~esienated for this training facility as the in-kind match of $60,000, which is 32% of’the total project co’~,t. This"is the appraised value of theone-acre site owned by the City o[" Palm Beach Gardens. The City of" Palm Beach Gardens Resolution 91,2000 approves the phase 2 future construction of a training facility at Fire Station 3. The $47,060 is the cost of’the erection of’{:he fire facility. The requested fixed capital outlay SI42,160.00 includes the construction of the concrete pad, the tower, the bum annex, elevator, and exterior ladder for tactical rescue training. 2.Other Personal’Contractual Services: Thecost for the erection of the building ~\ill be contracted at the cost of $47.060.00. 4.Expenses: P-our rappelling rings at the cost of $165.00 each will be purchased and installed for high angle rescue trainine. 6.Fixed Capital~C)utlav: The site for the fire facility is an acre of land appraised at S60,000 is the in-kind donation [’torn the C:itv of" Palm Beach Gardens. The $142,160.00 EMPA Award costs are for the Concrete pad, to~ver, ~urn annex, elevator, and exterior ladder. Identify Applicant’s matching funds, either cash o," in-kind and include supporting documentation. [Maximum score 50 points] The City of Palm Beach Gardens per Resolution 91,2000 has set aside land lbr a future fire training facility located at the northeast corner of Howell Lane and N0rthlake Blvd. This one acre site is appraised at $60,000. See attachment B. Provide evidence of the abilities and qualifications of those persons proposed to work on the project if funded. [Maximum score 25 pointsl Fire Chief Peter T. Bergel will have overall responsibilio~ for this project. Chief Bergel has been the Chief for four years, and has been employed by’ Palm Beach Gardens Fire Rescue for 20 .,,’ears. Chief Bergel was in charge of" developing the Palm Beach Gardens Comprehensive Emergency’ Management Plan and oversees construction of’the new fire station #3 where the fire training facility will be added it" funded. 7.Tiebreaker- Answer the following two questions: I) Has the Applicant’s.iurisdiction been impacted by an environmental clean-up initiative? If so, describe the initiative and its impact.on the Applicant. Palm Beach Gardens voluntarily entered into the local (South Florida) clean air initiative launchingacornpressednaturalgas(CNO) vehicle program. The City has 18 of these vehicles in various departments, including police, t~re and public works that operate on CNG. Studies show that natural gas is a cleaner-burning fuel, one that leaves fewer pollutants than regular gasoline or diesel fuels. The switch to a cleaner luel assists in the clean air movement. Palm Beach County, at this time, is still within acceptable standards for air quality; however, Broward and Dade Counties are non-attainment areas. Bv taking this step, Palm Beach Gardens expects to keep its air quality within acceptable levels. 2) Is the Applicant located in a Front Porch Community’? If so, please describe the location. Not applicable. 11 Department of Public Safety Division of Emergency Management 20 S. Military Trail West Palm Beach, FL 33415 (561) 712-6400 Fax: (561) 712-6464 www.pbcgov.com 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 Weisman "An Equal Opportunity Affirmat~’ve Action Employer" Janua~ 8,2002 Craig Fugate, Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Fugate: Palm Beach County Division of Emergency Management has been asked by the City of Palm Beach Gardens to prepare a letter of support for their grant application to the Emergency Preparedness and Assistance(EMPA) Trust Fund for funding an Emergency Preparedness Training Center. This facility will meet the national standards for emergency preparedness training in handling natural disasters as well as terrorism countermeasures, firefighting, and Community Emergency Response Team (C.E.R.T.) drills. We have reviewed the project and find it to be consistent with Palm Beach County’s Comprehensive Emergency Management Plan. The project is carried on the County’s LMS Prioritized Project List. We herewith request favorable endorsement of this application and look forwardto providing whatever assistance we can. Sincerely, Division of Emergency Management Deborah Manzo LMS Chair WOB/DM/cp ~ printed on recycled paper ATTACHMENT B SeptembeJ~ 27, 2000 RESOLUTION 91, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM THE CITY OF PALM BEACH GARDENS FOR A SITE PLAN FOR AN 8,620 SQUARE-FOOT FIRE/POLICE STATION THAT WILL INCLUDE A 3,363 SQUARE-FOOT FIRE STATION, A 3,448 SQUARE-FOOT TRUCK BAY, A 1,8,.09 SQUARE-FOOT POLICE SUB-STATION, AND A FUTURE 4,500 SQUARE- FOOT TRAINING FACILITY IN PHASE 2, LOCATED AT THE NORTHEAST CORNER OF HOWELL LANE AND NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the City of Palm Beach Gardens for site plan"approval for an 8,620 square-foot fire/police station (including a 3,363 square-foot fire station, 3,448 square-foot truck bay, a 1,809 square-foot police sub-station, and a future 4,500 square-foot training facility in phase 2), to be located at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 8-acre "Fire/Police Station #3" site is currently zoned Public or Institutional (P/I); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, the City’s Planning and Zoning Commission has reviewed said application and recommended that it be approved; and 13 Resolution 91, 2000 Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP-00-12 WHEREAS, the conditional use approval for this site accomplished through the adoption of Ordinance 29, 2000; and shall be NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the conditional use, for a 8,620 square-foot fire/police station at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the construction of a 3,363 square-foot fire station, a 3,448 square-foot truck bay, a 1,809 square-foot police sub-station, and a future 4,500 square-foot training facility in Phase 2 of the development. SECTION 2. Said site plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: ,~ Prior to the issuance of a building permit, the applicant shall apply for and obtain a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) 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) The dead-end parking on site shall be marked with signs indicating for use by City Staff only. (Planning & Zoning) The build-out date of this project is December 31,2001 as referenced in the May 8, 2000 traffic impact analysis prepared by Maria Tejera Palombo, P.E. SECTION 6. / Resolution 91,2000 Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP-00-12 All resolution~ or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. SECTION 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS-"74 DAY OF~-,._ 2000.,,,-, .,~T,~ BY: CITY CLERK APPROVE:D AS TO LEGAL __~~~~~17 _ ,FORM AND SUFFICe: CITY ATTORNEY VOTE:AYE MAYOR RUSSQ VICE MAYOR JABLIN ,/ COUNCILWOMAN FURTADO ,,, COUNCILMAN CLARK COUNCIl_MAN SABATELLO ~7 NAY ABSENT g/john: sp0012.res2 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION NO. 13, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR GRANT FUNDS ADMINISTERED BY THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENTTO BE USED FOR A FIRE TRAINING FACILITY, AND TO ENTER INTO AN AGREEMENT WITH THE DIVISION OF EMERGENCY MANAGEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Fire Department is involved in the delivery comprehensive Fire Suppression, Fire Prevention, Pre-Hospital Emergency Medical Services, and other emergency functions within the City of Palm Beach Gardens, and; WHEREAS, the efficient delivery of emergency services requires specialized training and education; and .WHEREAS, the department’s current facilities do not meet the extensive requirements for providing adequate training; and WHEREAS, the City of Palm Beach Gardens, through its Fire Department, also intends to use these facilities and services for the training of incumbent employees; and WHEREAS, the City Council supports the expansion of the City’s firefighter training program through filing an application for State of Florida, Department of Community Affairs Program monies, as administered by the Division of Emergency Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing ’~/VHEREAS" 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 hereby authorizes the Mayor to execute an application for State of Florida, Department of Community Affairs Program monies for the expansion of the Firefighter Training Program and to enter into an agreement with the State of Florida Emergency Management Agency. 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 effect 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. ATTEST: JOSEPH R. RUSSO, MAYOR CAROL GOLD CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO AYE NAY ABSENT 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: Meeting Date: January 15, 2002 Subject/Agenda Item Approving Irrigation End User Agreement for Fire Station #4 (Mirasol). Recommendation/Motion Staff recommends approval of Resolution 14, 2002. Reviewed by:~--~ City Attorney Finance ACM Human Res. Other Submitted b~~ Peter T. Berge~W Appro~ City Mafiag~" Originating Dept.: Fire Rescue Department Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $ L470.12 yrly. Total $ 1,102.59 Current FY Funding Source: [ X ] Operating [ ] Other Budget Acct.#:: 01 - 1200-522.4310 Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Letter from City Attomey Contract Letter from Mirasol [ ] None BACKGROUND: The new Fire Station #4, being within the Mirasol development, receives its irrigation water fi:om the Mirasol Master Property Owners Association. This proposed Resolution authorizes the Mayor and City Clerk to enter into an agreement on behalf of the City with the Mirasol Master Property Owners Association for the use and maintenance of the irrigation system. CITY OF PAI M BEACH GARDENS MEMORANDUM TO: APPROVED: FROM: SUBJECT: Ronald Ferris, City Manager DATE: January 15, 2002 Peter T. Bergel, Fire Chie~-~ Scott Fetterman, Deputy Chief~--- Irrigation agreement for Fire Station #4. (Mirasol) Resolution 14, 2002 Attached is a proposed Resolution authorizing the Mayor and City Clerk to enter into an agreement with the Mirasol Master Property Owners Association to provide irrigation water for the Fire Station #4 sprinkler system. BACKGROUND The new Fire Station #4 is located within the development of Mirasol. Irrigation water is provided for this development through the Mirasol Master Property Owners Association. The irrigation water is a combination of reclaimed water from Seacoast Utilities and the surface lakes located within the development. DISCUSSION Irrigation xvater for Fire Station #4 is only available from the Mirasol Master Property Owners Association. In their permitting process with Water Management, no irrigation wells were permitted within the PUD of Mirasol. Therefore, irrigation water for Station #4 must be obtained from the Property Owners Association. The monthly cost of the irrigation water is as follows: Fixed Monthly rates: Seacoast Capacity Reservation Charge MMMA Maintenance Charge Seacoast Gallonage Charge: Estimated 110,525 gallons @ $0.17 TOTAL MONTHLY CHARGE $25.04 $78.68 $18.79 $122.51 RECOMMENDATION Staff recommends approval of Resolution 14, 2002 authorizing the Mayor and City Clerk to enter into a agreement with the Mirasol Master Property Owners Association on behalf of the City to provide irrigation water for Fire Station #4. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 14, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN IRRIGATION END USER AGREEMENT FOR FIRE STATION NUMBER 4 (MIRASOL) WITH THE MIRASOL MASTER MAINTENANCE ASSOCIATION, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF ]’HE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Master Property Owner’s Association for the Mirasol PCD has acquired certain rights to provide irrigation water from the surface water lakes within Mirasol to those who wish to use it for irrigation purposes; and WHEREAS, the City desires to utilize such irrigation water for Fire Station Number 4, and the City Council determines that the execution of the Irrigation End User 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: -I-he 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: lhe City Council of the City of Palm Beach Gardens hereby approves the Irrigation End User Agreement between the City and the Mirasol Master Maintenance Association, Inc. attached hereto as Exhibit "A" and incorporated herein by reference and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City. 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. -1- RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002. 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- E tvl R A N D U WAFI-ERSON, HYLAND & KLETI-, P.A. To: From: Subject: File No: Date: Pete Bergel, Fire Chief ~ Leonard G. Rubin, City Attorne Irrigation End User Agreement (Mirasol Fire Station) 320.009 December 6, 2001 I am in receipt of the revised agreement which incorporates most of my comments. With respect to the funding contingency, I requested the following subsection be added to Section 3, "Contingencies": User’s obligations under this agreement are subject to, and contingent upon, funding by its legislative body. I also reiterate my request that Section 11 be deleted in its entirety. Under no circumstances may the City agree to indemnify a private corporation. The language proposed by Mirasol is not acceptable in its current form. Additionally, please advise who will be the contact person for this agreement so that it may be inserted in Section 12(d). Should you have any questions relative to the foregoing, please do not hesitate to contact me. P:\C PWin\History\000118A\COE.2 B(320.009)91 December 19, 2001 Mr. Scott Fetterman City of Palm Beach Gardens Fire Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mirasol Fire Station Irrigation’, End User Agreement Dear Mr. Fetterman: CITY OFPBG ~, -\ FIRE RESCUE , 1, Attached please find two (2) copies of the Irrigation End User Agreement for execution by the City of Pal.m Beach Gardens. The enclosed Form of Agreement incorporates the changes requested by the City Attorney, Leonard G. Rubin, in his December 6, 2001 merfio to the Fire Chief, Pete Bergel. In addition to the Agreement, I have enclosed three (3) copies of the Landscape Irrigation Information Guide for the Mirasol Master Maintenance Association, Inc., and three (3) copies of the FY 12002 Customer Irrigation Service Estimated Costs for the Mirasol Fire Station. The agreements have been executed by the Mirasol Master Maintenance Association, Inc. The City needs to state the effective date, based upon its approvals. Please return one (1), fully executed copy to either Jim Harvey or myself. If you have any questions on the above, please contact me at 561-622-1730. i.i oj e~ct ;r~;~]oP;E~en~t Manager LH/cm encs. c."Marc Spencer Jim Harvey Aaron Chorost Bill Isaacson C:\Documents mad Settings\cmorabitokMy DocumentskMIRASOLXLARRY MEMOS~IRRIGATIONWETTERMAN-END USER AGREEMENT.doc "l’¢~’lor W~:lr~w ¢ommunifie,~ ~1’ Mir~l, Lid. ,~ I 1400 Nursery Lane ¯ Palm Beach Gardens, FL 33,418 PI 561.622.1730 800.578.4544 F) 561.622.1707 TAYLOi~ WOODROW IRRIGATION END USER AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO this day of , 20(11 (the "Effective Date"), by and between MIRASOL MASTER MAINTENANCE; ASSOCIATION, INC., a Florida not-for-profit corporation, herein referred to as the "Association" and THE CITY OF PALM BEACH GARDENS, a Florida municipal corporation, herein after referred to as the "User". RECITALS A. Association is the Master Property Owners Association for the Mirasol PCD. B.The Association has acquired certain rights to provide irrigation water ("Irrigation Water") from the surface water lakes within Mirasol to those who wish to use it for irrigation purposes ("End Users"). C.The hrigation Water is a mixture of reclaimed water acquired by the Association from Seacoast Utility Authority and surface water from lakes owned by Northern Palm Beach County Improvement District ("Northern") (the "Lakes") within Mirasol. D.The Association shall provide User with Irrigation Water at a boundary line to User’s property (location as described on Exhibit "A") which point has been determined by and agreed to by the Association and User (the "Point of Delivery"). E.In order to use the Irrigation Water, the User will be required to have an irrigation system capable of irrigating User’s property in compliance with the terms and conditions as set forth in this Agreement and the Landscape Irrigation Information Guide provided to User by the Association, as may be amended from time to time by the Association (the "Irrigation Manual"). F.The User desires to utilize Irrigation Water for use on the User’s property upon the terms and conditions hereinafter set forth; STATEMENT OF AGREEMENT IN CONSIDERATION of the covenants and agreements herein set forth, the receipt and sufficiency of which is acknowledged as adequate, the parties intending to be legally bound, agree as follows: IRRIGATION WATER AVAILABILITY. (a)Reservation of Irrigation Water. The Association currently has available to it 1.3 million gallons per day (average) of reclaimed water (I.Q. Water), which is to be provided to the Association Seacoast Utility Authority, and in the future anticipates seeking additional I.Q. Water from Seacoast Utility Authority, if available, and/or additional irrigation water availability by use of surface water and/or wells for irrigation or recharge. No representation or warranty is available that additional irrigation water will become available. CADocuments and Settings\larry.harlosWIy Documents~FireFinalll~46822.DOC The User acknowledges the ability of the Association to deliver Irrigation Water may be temporarily suspended by the Association and Northern and others without liability or recourse to and User agrees to abide by conditions of use set by the Association from time to time. (b) (c) Allocation of Irrigation Water. The Association hereby grants to the User the fight to use up to 3,647 gallons per day of Irrigation Water (the "Committed GPD"). Upon beginning of Term, User shall be required to submit an advance usage fee which will be calculated as the cost of one-quarter (1/4) of the User’s allocated usage. The User acknowledges and agrees that the I.Q. Water allocated to them by the Association will be dedicated for the second golf course to be developed within Mirasol in the future. User agrees that User’s Committed GPD may be reduced or terminated at such time as the I.Q. Water is required for irrigation of the second golf course. At such time as the I.Q. Water is required for the second golf course, the Association shall notify User, and, if available, the Association may provide irrigation water to User by use of surface water and/or wells for irrigation or recharge. User agrees that in the event Association does not have surface water and/or wells for irrigation or recharge, User will be required to obtain irrigation water from an alternative source such as potable water. Use of Irrigation Water. The User shall use the Committed GPD only for irrigation of the User’s property as depicted on Exhibit "B" attached hereto and incorporated herein (the "Property"). The User shall use the irrigation water consistent with and fully in compliance with local, state and federal regulations and permits applicable thereto including without limitation labeling required by applicable law. Prior to use, the User shall file with the Association a written plan detailing its general irrigation schedule for the Committed GPD which schedule shall be updated as needed. The User shall take all reasonable precautions, including signs and labeling, to prevent confusion between irrigation water and potable water. The User shall be deemed to be in possession and control of the Committed GPD from and after the "Point of Withdrawal". C:\Documents and Settings\larry.harloskMy Documents~FireFinalll~46822.DOC o IRRIGATION WATER FACILITIES. (a)Plans and Permits. The User will prepare or cause to be prepared, at the User’s expense, plans and specifications for the design and subsequent installation of transmission, pump facilities, piping, controller, valves, telemetry, irrigation head, and related irrigation facilities ("Irrigation Plans") throughout the Property. Such irrigation plans shall be subject to the prior written approval of the Association and until approved the Association shall have no obligation to provide irrigation water to the User. The User’s irrigation facilities as described in the irrigation plans shall be constructed in material compliance with such irrigation plans and the Association may at any time inspect the irrigation facilities to determine if the same were constructed and are being maintained in accordance with the standards set forth in this Agreement. (b)Metering Stations. The User, at its sole expense, shall install at the Point of Delivery a metering facility in accordance with the specifications set forth on Exhibit "B" (herein referred to as "Metering Station"). The User will grant to the Association, for no additional consideration, a license to access the Metering Station and ingress-egress thereto for monitoring the Metering Station. The User shall maintain the Metering Station in good working order at all times. In lieu of the Association reading such meter on periodic basis, the Association may require the User to provide reports (in the form and with the certification required by the Association) on Irrigation Water distribution on a periodic basis as required by the Association. (c)Maintenance. The User shall maintain any irrigation distribution lines, valves, spray heads, rotors and other equipment and facilities needed for the distribution of Irrigation Water on the User’s Property in good working order and shall provide, maintain, replace on it all Irrigation water usage disclosure signage as required by the Association and governmental requirements. The Association shall have the fight to suspend the User’s distribution of Irrigation Water at any time the User’s irrigation facilities are not maintained in good working order or required signage is not in place. CONTINGENCIES. (a)Obligations Subject to Irrigation Storage and License Agreement. The .obligations of the Association to provide the User with Irrigation Water is subject to the ability of the Association to C:kDocuments and Settings\larry.harloskMy DocumentskFireFinall~46822.DOC (b) (c) withdraw and deliver irrigation water. Such ability may be suspended for any reason whatsoever including without limitation, (i) (ii) (iii) (iv) (v) A lack of I.Q. Water; Contamination in the I.Q. Water Equipment or material failure in I.Q. Water delivery means or methods including storage, pumping and piping; Inability of the Association or the Lakes to accept I.Q. Water; Acts of God, public enemy, war, national emergency, allocation or other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, racial or civil fights disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, unauthorized use of I.Q. Water or Irrigation water, any and all governmental rules, acts, orders or restrictions, regulations, requirements, acts or action of any government, commission or board, agency, agent, official or officer, the enactment of any statute, ordinance, resolution, regulation, rule or ruling, order, decree or judgment, restraining order or injunction of any court. During any such period the Association shall notify the User, and the User shall suspend or modify its use of irrigation water as determined by Association. No Consequential or Economic Damages. Under no circumstances shall the Association or Northern be liable for consequential or economic damages. Excuse From Governmental Acts. If for any reason (other than by the fault of the party in question) during the term of this Agreement, any one or more of the local, state or federal governments or agencies fail to issue necessary permits, grant necessary approvals, or require an change in the operation of the treatment, transmission and distribution systems or the application and use of I.Q. or Irrigation Water, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement in whole or in part, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity with such permits, approvals, or requirements. C:kDocuments and Settings~,larry.harlos’~My Documents~FireFinallg[46822.DOC (d) (e) However, nothing shall require the User or the Association to accept any new agreement. Economic Feasibility. The Association shall be relieved of its obligation to provide Irrigation Water under the terms of this Agreement where to do so would cause material capital expenditures due to changes in environmental, health, safety, economic, or aesthetic considerations of the public law or policy; provided however, that User, acting alone or in concert with other users, may upon reasonable notice from the Association, promptly pay and assume such material capital expenditures. User’s obligations under this Agreement are subject to, and contingent upon, funding by its legislative body. If User does not obtain funding by its legislative body, the Association has the right to terminate this Agreement. 4. ALLOCATION OF IRRIGATION WATER AVAILABILITY. In the o event that from time to time, in the opinion of the Association, the availability of Irrigation Water is insufficient to meet the demand, the Association will allocate its available irrigation water to all users on a reasonable basis determined by the Association however, the Association shall use common and reasonable efforts not to over sell or over allocate its Irrigation Water. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS. The Association will provide all required reports and tests in compliance with all the requirements for FDEP permitting and the Northern Permit Special Conditions for Metering Facility regulations. The User will cooperate and provide information to Association as needed and when requested. 6. COMPLIANCE WITH POLICIES OF LANDSCAPE IRRIGATION INFORMATION GUIDE. User shall be required to conform irrigation with policies set forth in the Landscape Irrigation Information Guide published by the Association, as the same may be amended from time to time. User acknowledges receipt of the Landscape Irrigation Information Guide effective on the date of this Agreement. TERM. The term of this Agreement shall be thirty (30) years from the Effective Date hereof. User may cancel this Agreement by providing Association with sixty (60) days written notice of its intention to do so. In the event the User violates any of the terms or provisions of this Agreement including payment of rates, fees or charges after notice of such violation and no less than ten (10) calendar days to cure any monetary default and thirty (30) calendar days to cure and non-monetary default provided additional time shall be provided if a default cannot be reasonably cured in the aforesaid thirty (30) day period, then the Association shall have the right to terminate this Agreement by giving the User written notice thereof. C:kDocuments and Settings\larry.harlosWIy DocumentskFireFinalll~46822.DOC Pursuant to the terms and provisions under paragraph 1 (b) "Allocation Irrigation Water" and paragraph 3 (d) "Economic Feasibility", the Association may terminate its obligation to provide I.Q. Water to the User by giving sixty (60) days advance written notice thereof. USER RATE. The Association shall establish a benefit charge for User provided Irrigation Water by the Association to cover actual direct costs of providing such irrigation based on a budget of anticipated use, costs and expenses, which benefit charge may be changed from time to time by the Association at such time as its budget is updated. Such budget shall be established to include without limitation costs paid by the Association to Utility for IQ Water, a reserve for disposition of IQ Water not accepted by the Association, electric, other utility costs, expenses for operation, maintenance, repair and replacement of irrigation pumps, valves, computer systems, controller, irrigation distribution facilities utilized by the Asgociation to distribute Irrigation Water to End Users, utilities, insurance, taxes (if any), maintenance, compliance and renewal of FDEP, SFWMD and other such government permits relating to the right to deliver and store IQ Water in the Lakes, and withdraw and utilize Irrigation Water from the Lakes, replacement costs not covered by reserves, reasonable reserves based on a schedule of assets, anticipated useful life and expected replacement costs and any irrigation budget shortfall from a prior budget period. The Association shall not allocate any of its general overhead expenses to the Irrigation Water budget, nor shall any charges, payments or fees be paid to the Partnership for its assignment to the Association of the IQ Agreement. The Association shall bill User in advance on a quarterly basis, based upon anticipated usage for the quarter. DEFAULT; LIEN~ ATTORNEY’S FEES; VENUE. Upon failure of the User to pay any monies due under this Agreement, and after notice and opportunity to cure, the User shall be deemed in default and the Association may without further notice or demand exercise any of its remedies, including but not limited to the termination of this Agreement without prejudice to the Association’s rights. 10.TRANSFERABILITY OF AGREEMENT. The Committed GPD reserved under this Agreement may not be transferred from the User property or Common Areas to any other property, but ownership of such property may change from time to time and the Agreement shall run with such property and shall be binding upon all successors and assigns holding fee title to the subiect property_:. C:LDocuments and Settings\larry.harloshMy DocumentskFireFinallg~46822.DOC 11. GENERAL PROVISIONS. (a) (b) (c) (d) The captions or headings inserted in this Agreement are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement. If any clause, provision or portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this agreement nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances, and it is also the intention of the parties to this Agreement that in lieu of each such clause, phrase, provision or portion of this Agreement that is invalid or an unenforceable clause, there be added a part to this Agreement a clause, phrase, provision or portion that will be valid and enforceable. This Agreement shall be dated and effective as of the last date it is signed by all parties hereto. All demands, notices and other communication required or desired to be given hereunder shall be issued in writing, signed by the party sending the same, or their respective agents or attorneys, as the case may be, and shall be deemed to have been properly given if (i) served in person, (ii) mailed by United States registered certified mail, full postage prepaid, return receipt requested or (iii) sent by special overnight courier (e.g., Fed Ex) addressed follows: As to the Association:Mirasol Master Maintenance Association, Inc. 11300 Mirasol Blvd. Palm Beach Gardens, Florida 33418 Attention: President Phone Number: 561-624-7555 Facsimile Number: 561-624-3177 C:\Documents and Settings\lan’y.harloskMy Documents~FireFinall~I46822.DOC As to the User :City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Attention: Pete Bergel, Fire Chief Phone Number: 561-799-4361 Facsimile Number: 561-799-4399 With a copy to:Leonard G. Rubin City Attorney Watterson, Hyland & Klett 4100 RCA Boulevard Palm Beach Gardens, FL 33410 Phone Number: 561-627-5000 Facsimile Number: 561-627-5600 or to such other address in the United States of America as may from time to time be designated by the party to be addressed by notice to the other in a manner hereinabove provided. In addition, notice may be served by facsimile, but must then be followed up by registered mail. Any party receiving a notice by facsimile shall act upon the facsimile notice, as soon as is reasonably practicable, without waiting for receipt of the registered mail copy. Further, each of the above named recipients shall be responsible for notification to all of the other hereinabove named recipients of any change of address, phone number or facsimile number. Any demand, notice or other communication issued pursuant to this Section shall be deemed to have been given and received: (a) in the case of delivery as provided in subsection d (i) on the date of actual receipt such demand, notice or other communication; (b) in the case of deliver provided in d(ii), (iii) and (iv) on the earlier of the date of actual receipt such demand, notice or other communication or the second business day following the date of mailing by United States registered mail of such demand, notice or other communication. If notice is by use of more than one mode of delivery and demand, notice or other communication is given or :received on more than one date, then such demand, notice or other communication shall, for the purposes hereof, be deemed to have been given and received on the earlier or earliest of such dates. (d) (e) The parties acknowledge that each has shared equally in the drafting and construction of this Agreement one party then the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. This Agreement is intended for the benefit of the parties hereto and their respective successors and assigns, and no other party shall C:\Documents and Settings\larry.harlosLMy Documents~FireFinall~46822.DOC (0 (g) (h) (i) (J) have any legal or equitable fights, benefits, interests, remedies or claims under this Agreement or as a result of any action or inaction of any parties hereto in connection therewith unless otherwise specifically authorized or granted in this Agreement. Unless otherwise provided herein, in any action, suit or proceeding, pursuant to this Agreement between the parties, the prevailing party shall be entitled to reimbursement from the other party of all reasonable costs and expenses, including, without limitation, arbitration costs, court costs and reasonable attorneys’ fees and expenses at arbitration, trial and on appeal, incurred or sustained by the prevailing party in connection with such action, suit or proceeding, and all such costs and expenses shall be included in any final order therein rendered or issued. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute and be taken as one and the same instrument. This writing embodies the entire Agreement and understanding of the parties hereto as to the subject matter herein contained. This Agreement supersedes any existing agreements or representations among the parties concerning this matter. There are no other understandings or agreements between the parties, whether verbal or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No modification of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida and venue of all legal, mediation and/or arbitration proceedings shall be exclusively in Palm Beach County, Florida, and as to legal proceedings only in the court system of the State of Florida. C:\Documents and Settings\larry.harloskMy Documents~FireFinall~46822.DOC IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the "Effective Date". By executing below, such individual represents that he/she is duly authorized to execute and deliver this Agreement on behalf of the party for whom he/she is signing. (Pr~hm~?) (Print Name)’ MIRASOL MASTER MAINTENANCE ASSOCIATION INC. By: ~ Craig A. Perna, President ATTEST:CITY OF PALM BEACH GARDENS Print Name By: Its: Print Name: CADocuments and Settings\larry.harloskMy DocumentskFireFinallg1316822.DOC MIRASOL MASTER MAINTENANCE ASSOCIATION, INC. LANDSCAPE IRRIGATION INFORMATION GUIDE 11/30/01 LANDSCAPE IRRIGATION INFORMATION GUIDE The recent severe drought conditions and water restrictions and the limited availability of reclaimed water as a resource, emphasizes the need for proper management of landscaped irrigation. On behalf of the community associations, Taylor Woodrow recognizes the importance of this issue, and has prepared this information guide for the community of Mirasol, which each developer shall use as a guide for design and installation. GENERAL DESCR~TION The water source for all common area irrigation in Mirasol is treated effluent purchased from Seacoast Utilities that is mixed with surface water in lakes. Irrigation quality water is transferred to Mirasol Master Maintenance Association, Inc. (the "Master Association") by Seacoast, and stored in lakes designated for retention use. The water is then distributed throughout the community via pump stations and PVC main line piping networks. Two independent systems are being installed, one for the property within the Country Club and one for the landscaped buffers along PGA Blvd. and Jog Road, for outparcels (e.g., school site, park, commercial site, fire station, etc.), and for areas designated as common area in each development along Jog Road. The pumping system within the Country Club will be owned and operated by Mirasol Club Inc. (the "Club"). The other pumping system will be owned by Northern Palm Beach County Improvement District (the "District"), who has authorized the Master Association to use and maintain the same. The Master Association will own and operate distribution facilities to the boundary of the outparcels and within the Jog Road, PGA Blvd. and Hood Road buffers and right-of-ways. All home sites will be irrigated with potable water. A Rain Bird Maxi computerized central satellite electric control system is being installed. The Master Association will allocate all water use and control the delivery quantity and time frames. Users will be required to enter into an End User Agreement with the Master Association. OUTPARCEL/COMMON AREA SYSTEM DESIGN The landscaping and irrigation system for the common areas in each parcel (e.g., entrance feature, recreation area, green space, etc.) shall be designed with water conservation being a prime objective. Native and drought tolerant plants shall be used and irrigation shall be zoned so plants having similar water requirements are irrigated together. Each irrigation system shall be designed in accordance with all local applicable codes, especially those relating to using treated effluent for this purpose. All landscaping and sold shall receive 100 percent coverage. Sprinklers shall be spaced in accordance with manufacturers recommendations. Rain monitoring devices shall be required. The irrigation Consultant for each parcel shall contact a representative of the Architectural Review Committee ("ARC") to review and discuss irrigation design and water allocations. I.ANDSCAI)EIRRIGAT]ON INI~0RMATION GUIDE.do~1 version 11/30/01 The irrigation system for each parcel shall be designed by a certified Landscape Architect or Irrigation Consultant. Three sets of signed and sealed plans, scaled at 1"=20’ or larger shall be submitted for review and approval by the ARC. The design shall include a list of equipment specified and a zone summary chart depicting the water use and sprinkler type for each automatic valve. Any changes to the approved plans must be submitted to the ARC for approval. PARCEL SYSTEM OPERATION AND MONITORING The water source for each parcel shall be a master valve, which shall be controlled via a master computerized control system. Days of operation and duration of irrigation cycles shall be assigned by the Master Association to integrate into an overall program to insure efficient operation and compliance with limits on water withdrawal. Extended hours of operation may be provided during grow-in for plant establishment. This extended usage period shall not exceed sixty days. Each parcel developer shall be required to install an irrigation controller, which shall be timed to work simultaneously with the master valve. Installation details and specification sheets for master valves and flow meters are included herein. Water usage in each parcel system shall be monitored via a flow meter, which shall be installed with each master valve and at the expense of the user. Usage shall be measured quarterly to determine the actual amount each user shall be charged for effluent and other associated costs related to water use (e.g., cost of effluent water pump station maintenance and electric, overall master system maintenance, etc.). Generally, this amount will be the ratio of water used in the parcel to the total usage for the master system, as further defined in the attached Schedule "A". The current fee structure for irrigation water is also shown on Schedule "A". The fee structure may change fi:om time to time without notice. The fee structure will be set by the Master Association to cover the costs associated with water supply and operating and maintaining the master system. Invoices for water usage will be sent in advance quarterly, as described in Schedule "A", and are due within fifteen (15) days of receipt. Attachments: 1. 2. 3. Schedule "A" - Irrigation Water Service Charges Drawing titled "24V ELECTRIC VALVE/FLOW METER" Technical Specifications titled "Rain Bird, Flow Meters", 2 p~ges LANDSCAPE IRRIGATION ~PF(>I~L~TION GUIDEdoc 2 version 11/30/01 IRRIGATION WATER SERVICE CHARGES For all users of irrigation water provided by the Mirasol Master Maintenance Association (MMMA) through its irrigation system and within the boundaries of the Mirasol PUD. Fixed Monthly Rates MMMA Maintenance Charge Seacoast Capacity Reservation Charge Usage Monthly Rate Seacoast Gallonage Charge Connection Flow Meter $19.67 per 1,000 gallons per day reserved $6.26 per 1,000 gallons per day reserved $0.17 per 1,000 gallons provided The user shall provide at its expense, the connection flow meter in accordance with the requirements of the MMMA Landscape Irrigation Information Guide. No other connection fee shall be assessed. MMMA Maintenance Charge The MMMA maintenance monthly rate is based on the estimated average monthly operation and maintenance costs to be incurred by the MMMA divided by the total reserved capacity units (average daily consumption in 1000gal/day units rounded up to the nearest 1000 gallons) for all of the users of the system. The monthly rate is multiplied by the reserve capacity units for the individual users to determine the fixed MMMA monthly maintenance charge for the user. The MMMA monthly rate is subject to adjustment annually based on the actual operation and maintenance costs incurred by the MMMA and the actual consumption by the users on the system. Seacoast Capacity Reservation Charge The Seacoast capacity reservation monthly rate (monthly fixed charge) is the actual rate charged to the MMMA by Seacoast Utilities under its Class ’W° Reclaimed Water Agreement with the MMMA without markup by the MMMA. This rate is subject to change under the terms of the Agreement and any such changes would be directly passed on to the users of the MMMA system. Seacoast Gallonage Charge The Seacoast gallonage charge is the usage rate (based on actual monthly consumption at 1000 gal/day units) actually charged to the MMMA by Seacoast Utilities under its Class "A" Reclaimed Water Agreement with the MMMA without markup by the MMMA. This rate is subject to change under the 4’ terms of the Agreernent and any such changes would be directly passed on to the users of the MMMA Quarterly Billings The MMMA shall bill the users on the MMMA irrigation system quarterly in advance for all of the charges identified above. The fixed charges shall be based on the user’s capacity reservation multiplied by the above rates and the usage charges based on the estimated average monthly usage. At the end of the fiscal year, adjustments may be made to the fixed charges based on the actual operation and maintenance costs incurred by the MMMA and to the billed estimated usage base.~ ..4;~n the actual usage by the user. The user shall be billed or credited for the adjustments, if any, accordingly. SCHED A.xls Print Date 12/18/2001 Version Date 11/30/01 I R~2900.00, ! \\ .IIi. / / / / t’ / / / / / / / / / EXHIBIT "B" USER’S PROPERTY ,331 r34 4 3 HOOD ROAD r55 z 8 9 PGA BOULEVARD 9 10 -- -- "~-~-~’~ I lOi 11 1 LOCATION MAP (NOT TO SCALE) LEOAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SECT ION 3; THENCE ALONG THE EAST LINE ¯ OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SAID SECTION 3, NORTH 02"10’34" EAST, A DISTANCE OF 11.:39.79 FEET; THENCE DE.PARTING SAID EAST" LINE, NORTH 88"24"56" WEST, A DISTANCE OF 1512.20 FEET TO THE POINT OF BEG INN ING. THENCE NORTH 88°24"56" WEST, A DISTANCE OF 429.56 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVI NG A RADI US pF 2900.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 76".22"24"EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05"27"33",AN ARC DISTANCE OF 276..31 FEET; THENCE ALONG A LINE RADIAL TO THE FOLLOWING DESCRIBED CURVE:..SOUTH 70"00’07"EAST,A DISTANCE OF 409.56 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAV I NG A. RAD I US. OF 2690. O0 ;THENCE .~}];I~rHERLY ALONG THE ARC OF SAID CURVE THROUGH A’ CENTRAL ANGLE OF O0"~-w"~l-2",AN ARC D I STANCE.-. OF 4-1.2,3,’ FEET TO THE PO I NT OF COMPOUNDCURVATURE...._OF A CURVE CONCAVE TO THE EAST HAVING’-A RADIUS OF 68.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE .OF 61" 11~’08", AN ARC, DISTANCE OF 72.75 FEET; THENCE SOUTH 47"56’12" WEST, A DISTANCE OF 44:86 FEET TO THE POINT OF BEGINNING. CONTAINING~LT,222.04 SQUARE FEET OR 2.00 ACRES, MORE OR LESS. EXHIBIT "C" METERING STATION TECH SPECS Flow Meters Reliable and simple flow meters for irrigation use. Rain Bird flow meters send data to central control or stand-alone control system for precise and accurate flow sensing. Features (Sensors) ¯Simple six-bladed impeller design ¯Designed for outdoor or underground applications ¯Available in PVC, brass or stainless steel construction ¯Pre-installed in tee or insert versions Features (Transmitters) ¯Reliable solid-state design ¯Display or signal-alone versions ¯Easy-to-program, menu-driven design ¯Programmable from a laptop computer (Fr322) ¯Operates with both MA.~Link" and two- wire systems ¯Mounted in optional NEMA enclosure (1502 only) ~eerating Specifications nsors) ¯Accuracy:. + 1% (full scale) ¯Flow rate: 1-30 feet per second ¯Pressure: 400 psi (max) on metal models; 100 psi (max) on plastic medals ¯Temperature: 221"F {105"C) {max} on metal models; 140*F (60"C) (max) plastic models Electrical Specifications (Transmitters) ¯Input required: 9-35 VDC (322 Series); 12-24 VI~ (I502 Series) ¯Output: 4-20 rr~ pulse output ¯Operating Temp: 32*F-158°F (0*C to 70"C) ¯Units: Domestic and lutemational units available on PTI502 How to S vecify PAGE 1 OF 3 Dimensions ¯PT322: 3.65" x ].75" x ].00" (93mJn x 44ram x 25mml ¯P~1502: 3.78" x 3.78" x 2.21" (96mm x 96ram x 56ram) ¯FS100B:5.45" x4.94" x2.21" (138ram x 126ram x 56ram) ¯FSIb0P: 5.0" x 5.16" x 2.38" (127mm x 131ram x 60nm~) ¯FS200P: 5.63" x 5.64" x 2.88" (143mm x 143nun x 73ram) ¯FS300P: 6.50" x 6.83" x 4.23" (165mm x 173mm x 107ram) ¯FS400P: 7.38" x 7.83" x 5.38" (187mm x 199mm x 137mm) ¯FS350B/SS: 7.13" x3"(diameter) (181mm x 76mm (diameter)) Models Sensors ¯ FS100B ¯ PS150P ¯ FS200P ¯ FS300P ¯ FS400P ¯ FS350B ¯ FS350SS Transmitters ¯ PT1502 Accessories ¯ PT322SW ¯ PT1502PS ¯ FSSURKIT ¯ PSTINSERT ¯ NEMACAB FS - 100 - B FS = Flow Sensor B = Brass PT = Pulse Transmitter P = Plastic SS = Stainless Steel SW = Software -"PS = Power Supply 100= 1." 150= 1½" 200=2" 4" 350 = 3" & higher 322 = No read out 1502 = Digital readout SURKIT = Surge protection kit Specifications Model FS350B & FS350SS Flow Sensors The flow sensor shall be an insertion type with a nonmagnetic, spinning impeller (paddle wheel) as the only moving part. The sensor sleeve will be brass (or 316 stainless steel) with the sensor housing being PPS. The impeller shall be glass- filled nylon or Tef:zel® with a UHMPWE or Tefzel sleeve. The shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NVI" adapter for installation into any commercially available weld-on fitting or pipe saddle. The adapter shall have two ethylene- propylene O-Rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be 2 single conduaor 18AWG leads 48 inches long. Insulation shall be direct burial "UF" type colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be IW from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 psi and liquid temperatures up to 2200 E and operate in flows of I foot per second to 80 feet per second. This flow sensor shall be Rain Bird Model FS3.50B (FS3,50SS). Model FS150P, FS2OOP or FS3OOP Flow Sensor The flow sensor shall be an in-line type with a non-magnetic, spinning impeller (paddle wheel) as the only moving part. The electronics housing shall be glass-filled PPS. The impeller shall be glass-filled nylon or Tefzel with a OT-IM~E or Tefzel sleeve bearing. The shaft material shall be tungsten carbide. The electronics homing shall have two ethylene- propylene O-Rings and shall be easily removed from lhe meter body. The sensor electronics will be potted in an epoxy compound designed for prolongs immersion. Electrical connections shall be 2 sLngle conductor 18AWG leads 48 inches long. Insulation shall be direct budai "UF" type colored red for the positive lead and black for the negative lead. The sensor shall operate in line pressure up to 100 psi and liquid temperatures up to 140" F, and operate in flows of I foot per second to 20 feet per second with linearity of 4.1% and repeatability of_+1%. The meter body shall be fabricated from Schedule 80 PVC Tees, available in 1½", 2", 3", and 4" with socket end connections. This flow sensor shall be Rain Bird Model FS150P, FS200P, FS300P or FS400P. Model FSIOOB Flow Sensor The flow sensor shall be an in line type with a nonmagnetic, spinning impeller {paddle wheel) as the only moving part. The electronics housing shall be glass-fiiled PPS. The impeller shall be glass-filled nylon or Tefzel with a UHlVlWPE or Tefzel sleeve bearing. The shaft material shall be tungsten carbide. The electronics housing shall have two ethylene- propylene O-Rings and shall be easily removed from the meter body. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be 2 single conductor 18 AWG leads 48 inches long. Duration shall be direct burial "UF" type colored red for the positive lead and black for the negative lead. The sensor shall operate in line pressures up to 400 psi and liquid temperatures up to 220* F, and operate in flows of F~ foot per second to 15 feet per second with lineadty of 4-1% and repeatability of 4-1%. The meter body shall be cast 85-5-5-5 bronze, in I", female iron pipe thread sizes. This flow sensor shall be Rain Bird Model FS100B. Model PT$22 ~ulse Output Transmitter The Pulse Output Transmitter shall receive signals for any Rain Bird flow sensor and produce a dry contract dosure in units of measure that can be defined by the user. Calibration shall be achieved by connecting to a computer with Rain Bird PT322SW software. All information set in the software is sent to the PT322 via a supplied cable. The PT322 shall feature two diagnostic LED’s, one corresponding to the input signal and one corresponding to the output signal. Model PT322 transmitter sh~ operate on 9-35 VDC power. Models shall be provided in epoxy Idled enclosures. The Pulse Output Transmitter shall be Rain Bird Model 1:q’322. Mode/PT1502 Flow Monitor The flow monitor shall be a microprocessor based digital unit capable of calculating and displaying both rate ofilow and total flow on a two line by eight character alpha-numeric LCD. The flow monitor shall accept digital inputs or optional sine wave or analog signal and may be fidd configured to display rate and total values in any unit of measure. All data shall be entered via four keys mounted on the front panel. The monitor shall feature a software lock to protect the entered data from unauthorized changes. A nonvolatile memory, requiring no battery back- up shall protect the data from electronic losses. The Model PT1502 shall con_form to DIN standard dimensions for panel mounting, and shall feature a NEMA 4X rated front panel, in an optional NEMA 4 wall mount cabinet. Monitor shall operate on power of 12-24 VDC. The flow monitor shall feature standard open collector transistor outputs, one based on rate and one based on total. Set points or time delays for rate, scaling or pulse width for total maybe configured in the field. Options shall indude analog inputs, analog output or control relays, all programmable from the keypad. The flow monitor shall be Rain Bird Model PT1502. TefzeP is a registered trademark o[ DuPont. Rain Bird Corporation, Contractor Division 970 West Sierra Madre Avenue, Azusa, CA 91702 Phone: (626) 963-9311 Fax: (626) 812-34 Rain Bird Corporation, commercial D/vision 6640 South Bonney Avenue. Tucson. AZ 85706 Phone: (520) 434-6200 Fax: (520) 434-6289 Rain Bird International, Inc. 145 North Grand Avenue, Glendora, CA 91741 Phone: (620) 963-9311 Fax: (626) 963-4287 Rain Bird Technical Service (800) 247-3782 (U.S. only) www.ralnblrd.com Centralcontrol@ralnbird.com Rain Bird. C~seming Mote Than Ware[. ~ Registered Itaderaark ol Rain Bl~d SixItCdet Mfg, CorD. @2001 Rain Bird SI~ MIg. Corp. ~JOl D37137B PAGE 2 OF 3 ILl 0 ~0(~ "-’0 ~= c:El-.- "E 0 ¯~u ~ ~= "~ ~ ~~>-~ o ~~~oc o =~~~.~ ~ ~ =~ oO~o ~~~$-o= 8o= o~ ~0 ~~ ~~~~o-~x o 0 ~ O~-- x~ ~.~ E~8o ¯ --~ ~. 0 ~ ~ ~wo~o "- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 7, 2002 Date Prepared: January_ 23, 2002 Subject/Agenda Item Trade-in surplus rescue chassis for 2500 gallon UPF Poly water tank. Recommendation/Motion: Staff recommends approval of Resolution 16, 2002 for trade-in with Ten-8 Fire Equipment of 2500 gallon UPF Poly water tank in consideration for surplus rescue chassis. Reviewed by://,,~ City Atto ~~_. Finance,/’, I ACM Human Res. Other Submitted by: Peter T. Berg~’~2~ Department Head Approv/ed~: .J~--" / BACKGROUND: Originating Dept.: Fire Rescue Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $ 0 Total $ 0 Current FY Funding Source: [ ] Operating [ X ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to:__ Attachments: Staff Report Trade-in Proposal Resolution 16, 2002 [ ] None See attached Staff Report and proposal. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council APPROVED: Ronald M. Ferris, City Manager FROM: Peter T. Bergel, Fire Chi~~__.~ SUBJECT: Trade in of surplus Rescue Chassis DATE:January 23, 2002 Background Rescue 62 was budgeted to be refurbished in the 2000/2001 Fiscal Year. Part of the refurbishment including replacing the chassis on this vehicle. Therefor, Fire Rescue has a used chassis that was declared surplus at the March 15, 2001 City Council Meeting. Discussion During previous years bids were received for the refurbishment of Rescue units. Upon opening and examination of the bids submitted it was determined that all bidders did not give an allowance for the trade in value of the old chassis. Fire Rescue determined at that point that the chassis would be retained by the City for future sale either by sealed bid or auction. Fire Rescue attempted to determine the trade-in or "book" value of a surplus rescue chassis through appraisals. Three separate appraisals were received in an effort to determine market value of the chassis. The highest appraisal was received from Freightliner of Palm Beach at $4,000 wholesale. Additionally, it is important to note that the City does not have the ability to sell this chassis at a retail price. However, Ten-8 Fire Equipment submitted a proposal to take the rescue chassis in trade for a 2500 gallon UPF Poly water tank that would be installed on a grant funded brush truck chassis not equipped with such equipment. This trade is valued at $6,300.00, which is $2,300.00 greater than the appraisals received. Recommendation Staff recommends approval of Resolution 16, 2002 for trade-in with Ten-8 Fire Equipment of 2500 gallon UPF Poly water tank in consideration for surplus rescue chassis. Ptb: PTB cc: file IN SEi~VIC:E 1’0 SERVE YOU TEN-B FZF,:E EQJIF’HENT FIRE EQUIPMENT INC. January..18,2002 Chief Peter Bcrgcl City, of Palm B~ach Gardens Fire Department 10500 N. Military Trail. Palm Beach Crardem, FL 33410 Dear Chief Bergel, Ten-8 Fire Equitmaent Inc. agrees to take a 1995 Freightliner FL6C ambulance chassis in exchange for a 2500 gallon UPF Inc. water tank or other equipmet~t offered by our company valued at $6,300.00. Chassis s/roll be fittly, operational in good operating. condition with no major defects. We would hTke to imgect the cha:mis prior to final Please give me a call if you have any questions We greatb" agpreeiate your consideration fthis offer. 2904 59th AVENUE DRIVE: EAST , BRADENTON, FLORIDA 34203 (941/7&6-777~ ¯ I nnn ~iqfonc’o tQr~ll, l.RfY1.gOA-~I~,AFt ~, ;t.Y, 1.0.4"~_"7,r-,,,,~._"~o~ TOTAL P. ~Z12 RESOLUTION 16, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE EXCHANGE OF SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 16, 2001, the City Council declared Fire Rescue chassis No. 1FV3GFBCXSL611713 a surplus asset; and WHEREAS, the Fire Department has received a proposal from Ten-8 Fire Equipment to exchange the Fire Rescue chassis for a 2500 gallon UPF Poly water tank valued at $2,300 more than the appraisals received for the chassis and recommends approval of such proposal; and WHEREAS, the City Council has determined the recommended disposition of the surplus chassis to be in best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1. The foregoing "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 hereby authorizes the Fire Department to accept the proposal of Ten-8 Fire Equipment and to exchange the surplus chassis for a 2500 gallon UPF Poly water tank in accordance with such proposal. 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 application of this Resolution. SECTION 5. This Resolution shall become effective immediately upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF FEBRUARY, 2002. RESOLUTION 16, 2002 PAGE 2 OF 2 MAYOR, JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CAROL GOLD, CMC, CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: Date Prepared: February_ 7, 2001 January_ 23, 2002 Subject/Agenda Item Agreement for Use of Facilities by and between Palm Beach County Chapter of the American Red Cross and the City of Palm Beach Gardens. Recommendation/Motion: Staff recommends approval of Resolution 17, 2002 Agreement for Use of Facilities by and between Palm Beach County Chapter of the American Red Cross and the City of Palm Beach Gardens. Reviewed by~’~ City Attorne~_~--~~ . Finance ACM Human Res. Other Originating Dept.: Fire-Rescue Advertised: Submitted by: Peter T. Bcrgel, Fire Chief Department Hcad~~ Affected parties Approv~"~-] Notified City M~g~" /[ X ] Not required / Date: Paper: [ X ] Not Required Costs: $ 0 Total $ 0 Current FY Funding Source: [ ] Operating IX] Other N/A Budget Acct.#:: N/A Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Staff Report Resolution Agreement [ ] None BACKGROUND: See attached Staff Report. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council DATE: January 23, 2002 APPROVED: Ronald M. Ferris, City Manager¯ f~~~.~ FROM: Peter T. Bergel, Fire Chie SUBJECT: American Red Cross Agreement for Mass Care Host Shelters Backl~round In November 2001, the City of Palm Beach Gardens was approached by the Palm Beach County Chapter of the American Red Cross to utilize Palm Beach Gardens Fire Station 64 located at 10264 Jog Road, as a command post to be used from time to time to coordinate shelters during emergencies, to the extent that such facilities may be available for such use. Discussion The mission of American Red Cross Disaster Services is to ensure nation-wide disaster planning, preparedness, community disaster education, mitigation, and response that will provide the American people with quality services delivered in a uniform, consistent, and responsive manner. The American Red Cross responds to disasters such as hurricanes, floods, earthquakes, and fires or other situations that cause human suffering or create human needs that those affected cannot alleviate without assistance. It is an independent, humanitarian, voluntary organization, not a government agency. All Red Cross assistance is given free of charge, made possible by the generous contribution of people’s time, money, and skills. The most visible and well-known of Red Cross disaster relief activities are sheltering and feeding. The Red Cross opens shelters for those displaced by a disaster and provides meals and snacks to families and to emergency workers in affected areas. This Agreement will provide the Red Cross with a location to coordinate all shelters in the North County area. An integral part of the Red Cross Disaster Service’s mission is to prepare for disasters before they occur. A disaster response plan identifies what resources will be needed for specific disasters and how those resources should be coordinated and used. Material resources - supplies, vehicles, communications equipment, etc. - are strategically located around the United States, its territories and possessions, and are ready to move into a disaster-affected area at a moment’s notice. Resolution, 2002 January 23, 2002 -Page 2- Recommendation Staff recommend,,~ approval of Resolution 17, 2002 Agreement for Use of facilities by and between Palm Beach County Chapter of the American Red Cross and the City of Palm Beach Gardens. PTB:lp Cc: File CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 17, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,FLORIDA, APPROVING AN AGREEMENT WITH THE AMERICAN RED CROSS FOR THE USE OF CITY FACILITIES AS A COMMAND POST; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the American Red Cross seeks to utilize Palm Beach Gardens Fire/Police Station 64, located at 10264 Jog Road, as a command post from time to time to coordinate shelters during emergencies, to the extent that such facility may be available for such use; and WHEREAS, the City desires to assist in the coordination of mass care shelter services from the Red Cross and believes that such use is in the best interests of the public health, safety and welfare provided that certain conditions are met. NOW, THERE:FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION i: 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 approves the Agreement for Use of Facilities with the American Red Cross, attached hereto as Exhibit "A" and incorporated herein by this reference, and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City. 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. -1- 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 MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- AGREEMENT FOR USE OF FACILITIES This AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City") and the Palm Beach County Chapter of the American Red Cross, a local chapter of a Federal Instrumentality ("Red Cross"). WITNESSETH: WHEREAS, the Red Cross seeks to utilize the Palm Beach Gardens Fire Station 64 located at 10264 Jog Road, as a command post to be used from time to time to coordinate shelters during emergencies, to the extent that such facilities may be available for such use; and WHEREAS, the City believes that such use is in the best interests of the public health, safety and welfare of the citizens and residents of the City of Palm Beach Gardens provided certain conditions are met. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and the Red Cross agree as follows: Scope of the Agreement. This Agreement permits the Red Cross to utilize the Palm Beach Gardens Fire Station 64("Facility") for the sole purpose of providing a post-event command post for coordinating mass care shelters for disaster victims during times of emergency pursuant to the terms and conditions set forth herein. Use of Facilities. The Red Cross shall assume all responsibility for the operation and support of the command post and shall provide any necessary supplies. Any City-owned food or supplies used by the Red Cross shall be replaced or reimbursed to the City within thirty (30) days following such use. The Red Cross shall be responsible for all interior custodial cleaning after each use. Term of Agreement. This Agreement shall be for a term of one (1) year from effective date and may be renewed for additional terms as may be mutually agree upon by the parties. °Request for Use. Prior to the use of the Facilities, the Red Cross shall obtain permission from the City Manager, who may grant or deny such request based on the needs of the City and the availability of the Facilities. Indemnification. Notwithstanding any other agreements, The Palm Beach County Chapter of the American Red Cross agrees to defend, hold harmless, and indermtify the City of Palm Beach Gardens, its officers, employees, servants or agents against any legal liability, including reasonable attorneys fees, with respect to bodily injury, death, and/or property damage arising from the negligent or intentional actions of said unit or its agents or employees in its performance of responsibilities during its use of the property belonging to the City of Palm Beach Gardens, FL. Termination. This agreement may be terminated by either party, with or without cause, upon providing five (5) days’ written notice to the other party. Upon such termination, the Red Cross shall remove any and all of its own equipment and/or supplies from the Facility. Prohibition Against Liens or Other Encumbrances. The City holds fee simple title to the Facility. The Red Cross shall not do or permit anything to be done which ipurports to create a lien or encumbrance of any nature against the real property vested in the City. Insurance. During the terms of this Agreement, the Red Cross shall maintain Commercial General Liability and Property Damage policies of insurance in amounts of not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate with respect to its use the Facilities. The City shall be named as an "additional insured" on all policies relating to this Agreement. Miscellaneous Provisions. Ao Notice Format. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, or mailed by registered or certified mail (postage prepaid) return receipt requested, to the following addresses: As to City:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager With a copy to:Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, Florida, 33410 Attn: Palm Beach Gardens City Attorney As to the Red Cross Palm Beach County Chapter of the American Red Cross 825 Fem Street West Palm Beach, Florida 33402-0870 Attn: Don Little, Logistics Coordinator Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. Co Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. Do Assignment. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Ho Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. Attorney’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attomey’s fees and costs, including appellate fees and costs. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __day of ,2002. CITY: City of Palm Beach Gardens, A Florida municipal corporation (SEAL)By: Mawr ATTEST: City Clerk Executed by the Red Cross this __day of ., 2002 RED CROSS: Palm Beach County Chapter of the American Red Cross By: NalTle Title WITNE S S: Name Name AGENDA COVER MEMORANDUM CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum :Subject/Agenda Item: P’BA :sergeants, urricers, an(:l ~;ommunication uperators ~;ontract I~enewal Date: ,//~- 5-/o ~____ Recommendation/Motion: Staff Recommends Approval Meeting Date: ~= i~,~ ~ co. Reviewed by: City Attorn~ Finance /~.~ ACM Advertised: Other Submitted by:[ ] Not Required Department Director Affected parties App~ [ ] Notified City Manag~’r [ ] Not required Originating Dept.:Costs: $ (Total) Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None w/ -0- CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 18, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL AND RATIFICATION OF AN AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION FOR POLICE OFFICERS, SERGEANTS AND COMMUNICATIONS OPERATORS EMPLOYED BY THE CITY’S POLICE DEPARTMENT FOR FISCAL YEARS 2001-02, 2002-03 AND 2003-04; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City’s Negotiating Team and the Police Benevolent Association have reached an agreement regarding the employment contract for Police Officers, Sergeants and Comrnunications Operators employed by the City of Palm Beach Gardens Police Department for fiscal years 2001-02, 2002-03 and 2003-04; and WHEREAS, the members of the bargaining unit subject to the employment contract have voted in favor of ratification; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to approve and ratify the contract. 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 approves and ratifies the employment contract between the City and the Police Benevolent Association for Police Officers, Sergeants and Communications Operators employed by the City’s Police Department for fiscal years 2001-02, 2002-03 and 2003-04, attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes the Mayor and City Clerk to execute said contract on behalf of the City. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- 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. 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 MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- 0~/1S/02 TUE 11:00 FAX Allen Norton & Blue PA ~002 t.~W OFFICES ALLEN, NORTON & BLUE PROFESSIONAL ASSOCIATION F~r_PLY ~O: Cmal Janua~ 15, 2002 VIA FACSIMILE AND U.S. MAIL Hank Dufour Human Resouxces Dircctor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re:PBA/City of Palm Beach Gardens Collective Bargaining Agreement Police Officers, Sergeants and Communication Operators Dear Hank: I have reviewed the contract provided by the PBA that is intended to ~flcct all of the changes agreed upon. It appears accurate, but since it was not done in legislative style it is possible that some modifications could havc bccn made inadvertently in other articles. I think it would be prudent for you to assign an H.R. employee to comp~e line for line the new contract with the old one to be certain that the modificat/ons arc in accordance with our agreement. Obviously, thcrc should be modifications only to those articles over which wc negotiated. The follow/ng axticles have been modified and appear to be correct: 1.Article ] 3 (Duration) .... Contract reflects the three year period demanded by the City. 2. Article 25 (Off-Duty/Extra Duty Em_ployment) - The contract reflects the new $25.00/$30.00 rates agreed upon ,-rod the cap has been removed permitting h~e City to set rates. 3. Article 30 (Promotions) - Section 8 has bccn added to rcflect total discretion in the Police Chief to demote promoted officers during the probationary period. 4. Article 32 (Salaries) - Everything appcars to bc accurate in this article, but someone from H.R. sbould review the minimum/maximums to be surc that zhe correct increase is reflected. The change to Section 5 providing $750.00 a year clothing allowance for plain clothes o~cers is correct. 01/15/02 T~ 11:00 FAX Allen Norton & Blue PA ~003 JmnuarylS, 2002 Page 2 5. Article 41 (Uniforms and Equipment) ~,, Section 4 has bccn modified in accordance with out agreement. 6, Article 42 (Vacati0,n Lcav~ - This article has been appropriately modifi~ to reflect 15 hours pcr month for 13-16 years continuous service and 17 hours pea" month for 17-20 years continuous scrvicc. 7. A~icle 43 (Workers Compensation and Disability Leave) - Section 1 has been modifi¢d to roflex;t a 6 month period. 8. Article 45 (Hazardous Duty) - This article has been moditicd in accordancc with olrt agreement to rcfl~t $35.00 per week in the first year of the contract and $40.00 in the last two years for officers assigned to motorcycles. When you have had an opportunity to review this letteL please calI me. The "final" lieutenants contract should arrive at my office around 10:00 a.m. this morning and I will promptly rcvicw it and follow up with additional correspondence, Robcrt L.Norton i,,_._...._~ ~ P.L~/cc cc: Ron Fcrris 82594_1.DOC #~L~H, NOt’TON & Bl.r.m~ P.A.t~OFESS~ON/~L ,~5SOOa’t t0¢¢ MAILING ADDRESS 2100 N. Florida Mango Road West Palm Beach, FL 33409-6400 (561) 689-3745 (561) 687-0154 Fax POLICE PALM BEACH COUNTY BENEVOLENT ASSOCIATION, INC. ADMINISTRATIVE OFFICES 2100 N. Florida Mango Road West Palm Beach, FL 33409-6400 (561) 689-3745 December 12, 2001 Facsimile: (561) 799-4111 Ron Ferris, City Manager City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, Florida 33410 Re: PBA/City of Palm Beach Gardens Collective Bargaining Agreement Dear Mr. Ferris: Please be advised that a ratification vote was held on Tuesday, December 11,2001 concerning the proposed 2001/2004 contract between the City of Palm Beach Gardens and the Palm Beach County Police Benevolent Association. The contract was ratified as follows: 36 FOR RATIFICATION 28 AGAINST RATIFICATION Please see that the City Council ratifies this contract as soon as possible and if you have any questions, please feel free to contact me. Gary Legal Counsel" GL:gs cc: Ernie George, President PBA Reps RECEIVED CITY MANAGER’S OFFICE DEC 1 3 2001 The Voice of Palm Beach County’s Law Enforcement Ernest W. George, President - Robert Provost, Vice-President - Arthur Alficella, Secretary-Treasurer THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ~ POLICE OFFICERS, SERGEANTS AND COMMUNICATION OPERATORS OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004 TABLE OF CONTENTS Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Preamble Recognition Acting Officer Association Representatives Bargaining Unit Identification Bereavement Leave Bulletin Boards Change of Status Court Time Contract Constitutes Entire Agreement Discipline Dues Deduction Duration Funeral Expense Grievance and Arbitration Procedure Holidays Incentive Pay Insurance Benefits Leave of Absence Legal Benefits Longevity Benefits Maintenance of Conditions Management Rights Non-Discrimination Off Duty/Extra Duty Employment Personnel Records Physical Examination Probationary Period Prohibition of Stril{es Promotions Recall Pay Salaries Savings Clause Seniority Sick Leave Substance Use and Testing Termination Training Travel Allowance Tuition Reimbursement Uniforms and Equipment Vacation Leave Worker’s Compensation and Disability Leave Workweek and Overtime 4 5 6 7 9 10 11 12 13 14 15 16 18 19 2O 23 24 25 26 27 28 29 3O 31 32 34 35 36 37 38 40 41 44 45 46 48 49 50 51 52 53 55 57 59 Article 45 Hazardous Duty Signature Page 61 62 3 ARTICLE 1 PREAMBLE Section I: In accordance with the State of Florida Public Employees Collective Bargaining Statute and the City of Palm Beach Gardens this agreement is entered into by and between the City of Palm Beach Gardens, a municipal corporation in the State of Florida, hereinafter called the "Employer" or the "City" and the Palm Beach County Police Benevolent Association, hereinafter referred to as the "PBA" or "Association". The labor agreement is applicable for employees as defined in Certificate No. 221 issued to the PBA in accordance with the Certificate granted by the Public Employees Relations Commission on April 15, 1976. Section 2: The purpose of this agreement is to promote and maintain harmonious and cooperative relationships between the employer and employees, both individually and collectively, to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this agreement, and to set forth herein the basic and entire agreement between the parties in the determinations of wages, hours and terms and conditions of employment. Section 3: The parties recognize that the basic interest of the community will be served by assuring the public, at all times, of orderly and uninterrupted operations and function of the municipal government, and by providing in the most efficient manner, superior public service to the citizens of the community. ARTICLE 2 RECOGNITION Section 1 : The City of Palm Beach Gardens hereby recognizes the Palm Beach County Police Benevolent Association as the exclusive representative for the purpose of collecting bargaining with respect to wages, hours and terms and conditions of employment for all employees in the bargaining unit. The classification or job title used below are for descriptive purposes only. Their use is neither an indication nor a guarantee that these classifications or titles will continue to be utilized by the City. Section 2: The bargaining unit for which this recognition is accorded is as defined in Certificate No. 221 granted by the Public Employees Relations Commission on April 15, 1976, and amended on December 4, 1991, comprising of all Police Officers who hold the rank of sworn Certified Police Officer and Police Sergeants and for non-sworn Police Communication Operators, and non-sworn Lead Police Communication Operators. Section 3: The Palm Beach County Police Benevolent Association hereby recognizes the City Manager or his representative as the Public Employer’s only representative for the purpose of collective bargaining. Section 4: For the purpose of this agreement, the terms bargaining unit employees, officer, member and employee shall be synonymous. ARTICLE 3 ACTING OFFICER Section 1" An employee assigned to work at the City’s request in a higher classification for 8 hours or more shall receive assignment pay of five percent (5%) of his base rate pay for all hours worked in that assignment. ARTICLE 4 ASSOCIATION REPRESENTATIVES Section 1: A bargaining unit member, who is an elected PBA official and/or bargaining unit member of the PBA negotiating team shall be permitted to use annual leave or other earned time, excluding sick leave, for the purpose of conducting PBA business and negotiations provided that: (1) A written request for the use of annual leave or other earned time, excluding sick leave, is submitted to the Chief of Police or his authorized representative. (2) Sufficient manpower is available to maintain efficiency of operations during the absence of the PBA officials as so determined by the Chief of Police or his designated representative. Section 2: It shall be the responsibility of the bargaining unit to promptly notify the City Manager and the Chief of Police in writing of any change in the designation of PBA representatives. Section 3: PBA representatives unless authorized by the Chief or his designee, shall not contact any employee or other person concerning grievance matters or PBA business during either the working hours of the PBA representative or the working hours of any employee sought to be contacted. Section 4: An Employee Organization Time Pool shall be established on the basis of each bargaining unit member contributing four (4) hours of vacation leave to the pool an annual basis. Said four (4) hours will be deducted from each bargaining unit member’s leave balance in the 2nd pay period of October and thereafter when requested by PBA to City Manager’s Office in writing prior to October 1. Section 5: The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each replacement therefore during the term of this Agreement. Authorized representatives shall be defined as the elected officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under obligation to recognize the individual as an authorized representative of the Union. Section 6: The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City’s elected officials in the administration of this Agreement, or otherwise in the operation of the City’s Police Department. All matters relating to grievances shall be processed only through the grievance chain of command. ARTICLE 5 BARGAINING UNIT IDENTIFICATION Section 1: Upon request, the City agrees to provide to the PBA on an annual basis a roster of the sworn and non-sworn bargaining unit employees name, address, date of birth, social security number and current pay. Section 2: The PBA agrees to remit to the City the amount of $25.00 annually for the administrative cost of providing said roster upon receipt of a statement from the City’s Human Resources Department. ARTICLE 6 BEREAVEMENT LEAVE Section 1: In the event of the death of the mother, father, step-mother, step-father, grandmother, grandfather, grandchild, brother, sister, husband, wife, son or daughter of the employee or employee’s spouse, such employee shall be entitled to funeral leave for the purpose of arranging and attending said relative’s funeral for a period of three (3) working days for any one death. In the event the death requires an out-of-area trip exceeding 250 miles one way, the Police Chief shall authorize an additional (2) working days. Section 2: An employee on funeral leave provided in the Article shall be paid for such hours which the employee would normally be scheduled to work. Section 3: The City reserves the right to require documentation supporting compliance with the provisions of this Article after the employee returns to work. Section 4: The provisions of this Section shall not apply to employees who fail to contact the employer prior to taking such leave or as soon as possible thereafter. 10 ARTICLE 7 BULLETIN BOARDS Section 1" The Chief of Police will designate the following two (2)bulletin board locations in the Police Department for the exclusive use of the PBA in connection with Union business. Section 2: The Chief of Police may make periodic inspections of the bulletin boards and request material be removed. Removal shall not be unreasonably denied by the Association. ARTICLE 8 CHANGE OF STATUS ¯Section 1 The placement of employees within the Police Department shall be the responsibility of the Chief of Police. An employee may be transferred or reassigned for operational reasons. Section 2: Whenever feasible, employees will be notified at least two (2) weeks advance of transfer, reassignment or change of shift. 12 ARTICLE 9 COURT TIME Section 1: Off duty court time shall be computed in the following manner: The normal witness fee and expenses shall be retained by the employees and an additional three hours of credit shall be given for the first court appearance in any given calendar day, subject to the provisions set forth herein. Section 2: An officer, who is required by the city to be in court while off duty, shall receive a minimum of three (3) hours pay at one and one-half (1.5) his regular rate of Section 3: For each court appearance in excess of three (3) hours, an officer shall receive credit for all hours during which his attendance is required in accordance with the FLSA. Section 4: For the purposes of this article and subsection, each additional court appearance separated from the employee’s previous court appearance by a period of more than sixty (60) minutes qualifies for compensation as described above. The sixty (60) minute time period is calculated from the time the officer is released by the court until the time stated on the next subsequent subpoena. ARTICLE 10 CONTRACT CONSTITUTES ENTIRE AGREEMENT Section 1: The parties acknowledge and agree that during the negotiations which resulted in this agreernent, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Each party agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this agreement whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this agreement, but it is further recognized that this Article does not constitute a waiver of the PBA’s right to negotiate any past practice or changes in contractual terms. Section 2: By mutual agreement, any items may be brought to the table for negotiations. The parties agree not to propose any changes to this agreement during the duration of this agreement unless there is mutual consent to negotiate such changes. ARTICLE 11 DISCIPLINE Section 1 : The parties recognize that the interest of the community and job security of the employees depend upon the City’s success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The parties recognize the need for progressive and appropriate discipline when an employee’s conduct and job performance are inconsistent with said goals. Section 2: No bargaining unit employee who has completed the initial probationary period shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The loss of pay in reassignment shall be considered as part of the determination of the disciplinary action. Disciplinary action may include: A.Written counseling form B.Suspension without pay C.Demotion D.Dismissal E.Training - Remedial training costs shall be paid by the City. 15 ARTICLE 12 DUES DEDUCTION Section 1: Upon receipt of a lawfully executed written authorization form from an employee, the city agrees to deduct the current regular associated dues once each month and remit such deductions to the duly elected Treasurer of the PBA within fifteen (15) working days from the date of deduction. The PBA will notify the City in writing thirty (30) days prior to any change in the regular PBA dues structure. The employer is expressly prohibited from any involvements in the collection of fines, penalties or special assessments and shall not honor any request of this nature other than for association dues. Section 2: Any employee may at any time revoke his dues deduction and shall submit revocation form to the City’s Comptroller with a copy to the Association. Section 3: The PBA agrees to pay to the City one-hundred (100) dollars per year cover administrative costs and changes. The amount will be deducted annually from the first remittance in January. Section 4: The PBA agrees to provide necessary Dues Deduction Authorization forms and Notice to Stop Dues Deduction forms for its members. These forms shall read as follows: AUTHORIZATION CARD FOR DEDUCTION OF PBA DUES I hereby authorize the City of Palm Beach Gardens to deduct from my wages each month the current regular monthly PBA dues and to transmit this amount to the Treasurer of the Palm Beach County Police Benevolent Association. DATE: NAME: ADDRESS: SIGNATURE: INSTRUCTION TO STOP PAYROLL DEDUCTION OF PBA DUES I hereby instruct the City of Palm Beach Gardens to stop deducting from my wages each month the current regular Monthly PBA dues of the Palm Beach County Police Benevolent Association. A copy of this revocation has been forwarded to the Treasurer of the PBA. DATE: NAME: 16 ADDRESS: SIGNATURE: Section 5: The PBA agrees to indemnify and hold the City harmless against any and all claims, suits, orders and judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of PBA dues. ARTICLE 13 DURATION Section 1: This agreement shall be effective October 1,2001 subject to ratification by the PBA and approval and appropriation of the necessary funds by the City Council of Palm Beach Gardens, Florida. This agreement shall continue in full force and effect from October 1, 2001 to September 30, 2004. Section 2: Should a successor agreement not be ratified by the PBA and approved by the City Council for the year beginning October 1,2001 this agreement shall remain in full force and effect until replaced by a new agreement. 18 ARTICLE 14 FUNERAL EXPENSE Section 1 : The City will provide for funeral and burial expense for members killed in the line of duty who are eligible for’ Statutory Death in Line of Duty benefits, an additional benefit of $5,000 to be paid directly to the beneficiary of said member. ARTICLE 15 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: A grievance, as used in this agreement, is limited to a complaint or request of a bargaining unit member which involves the interpretation of application of, or compliance with, the provisions of this agreement. Section 2: Grievances concerning working condition not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3: In the event a grievance should arise as to the interpretation or the application of the terms of the agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1 The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP 2 If no written reply has been made or if a written response has been made, and the aggrieved employee is dissatisfied, the aggrieved employee or the PBA representative may, within ten (10) working days of receipt of a reply or if none submitted, present the grievance or dispute to the Director of Human Resources. The Director of Human Resources shall reply in writing within ten (10) working days of receipt of the grievance: If the Director of Human Resources shall fail to reply in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP 3 If the Director of Human Resources replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days of receipt of the Director of Human Resources reply. The City Manager shall reply within ten (10) working days of receipt of the grievance dispute. If the City Manager shall fail to reply in writing, the grievance is presumed 2O to be denied and the employee may move to the next step. STEP 4 If the grievance has not been settled by Steps 1-3, either party, the PBA or the City may refer it to arbitration within fifteen (15) days of receipt of the City Manager’s reply. The PBA or the City will submit the matter to the Federal Medication & Conciliation Services (FMCS) for selection in accordance with their procedures except where otherwise provided in this agreement. The arbitrator’s decision shall be supported by substantial evidence on the record as a whole. The decision shall be in writing with a full statement of findings and reasons. The decision of the arbitrator shall be final and binding on the parties; provided that the arbitrator shall have no power to modify, amend, or alter this agreement. The expense of the arbitrator shall be borne by the parties. Section 4: By agreement of both parties, a meeting will be held at any step of the grievance procedure. Section 5: Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. (1) The selection of an arbitrator must be completed within the time limits provided by the FMCS. Failure to do so will bar the untimely party from submitting its preference or choice of an arbitrator. (2) After an arbitrator has been selected, the arbitration hearing shall be held later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. (3) Briefs, if any, must be filed with the arbitrator no later than fifteen (15) days after the close of the hearing or after receipt of the transcript, if a transcript is requested. (4) The arbitrator must render an opinion within twenty (20) days of receipt of briefs. Section 6: The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both parties shall share equally the fee and other expenses of the arbitrator. Section 7: A probationary employee may not grieve any matter concerning assignment, or discharge. 21 Section 8: Settlement of grievances prior to the issuance of an arbitration shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. 22 ARTICLE 16 HOLIDAYS Section 1: The official holidays to be observed by bargaining unit members shall be: New Years Day Martin Luther King’s Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Veteran’s Day Christmas Day Washington’s Birthday Section 2: Bargaining unit members shall also receive a personal day, which shall be requested in advance and taken any time during the calendar year (January 1-December 31). The personal holiday is not considered an official holiday for overtime purposes. Section 3: An official holiday that falls on Saturday or Sunday shall be observed on that Saturday or Sunday by qualified employees whose regularly scheduled work week includes Saturday and/or Sunday as a day of work. Section 4: If an employee has credited time of forty (40) hours for the work week, excluding sick leave, disability leave, or leave without pay, the rate of pay for the employee whose services are required on an official holiday shall be: a day’s pay for the holiday, plus one and one-half (1.5) times the employee’s straight time rate of pay. However, if the employee does not have credited time of forty (40) hours for the work week, any employee who shall be required to perform work on a holiday shall be compensated at straight time. Section 5: Employees who qualify to receive compensation for an official holiday without working on such holiday, shall be paid their regular straight time rate of pay for the day on which the holiday falls. Nothing set forth herein shall be construed as relieving the Chief of Police of his responsibilities for the performance of required functions. The Chief of Police shall determine which persons may be spared to observe a holiday. Section 6: Any holiday is to be considered as an eight (8) hour work day in the calculation of overtime. 23 ARTICLE 17 INCENTIVE PAY Section 1" The City, during the term of this agreement, shall continue to participate in the State Incentive Pay Program. ARTICLE 18 INSURANCE BENEFITS Section 1 : The City shall continue providing the current health insurance coverage at no cost to individual bargaining unit employees through September 30, 2004. Section 2: Employees who elect to maintain dependent coverage will contribute a portion of the cost of said coverage not to exceed $180.00 per month. The bargaining unit employees will contribute the same percentage toward the cost of dependent coverage that other non-management City employees are required to pay. Section 3: In the event that the City determines that there is to be a substantial benefit reduction, either party may request a reopener of this Article. 25 ARTICLE 19 LEAVE OF ABSENCE Section 1 : Leaves of absence without pay for a period not to exceed six (6) months may be granted at the sole and exclusive discretion of the City Manager. Section 2: An officer who is a member of a military reserve unit and who must attend annual field training sessions is entitled to a leave of absence as provided by federal law. Upon presentation of military pay orders, the City will reimburse the employee for the difference between his military pay for the annual training session and his regular rate of pay. An employee called to active duty will be treated in accordance with federal law. Section 3: An employee who is on duly authorized paid leave of absence will continue to maintain all benefits including seniority, longevity, and insurance benefits. Section 4: An employee who is on duly authorized unpaid leave of absence will not receive benefits for any month in which he has been on leave without pay for more than fifteen (15) calendar days. The employee may retain, at his own expense, his group insurance coverage during such period of unpaid leave. 26 ARTICLE 20 LEGAL BENEFITS Section 1 : The City shall, upon timely notice by an employee, undertake the defense of any employee covered by this agreement against civil damage suits arising from and in connection with their employment. Section 2: The City shall indemnify all employees against judgments for compensatory damages rendered against an employee in a civil damage suit arising from and in connection with duties performed by the employee in the scope of their employment for the City provided that the employee has not engaged in gross negligence or intentional misconduct. The City shall not indemnify any employee against judgments rendered in civil suits which the City has not been given notice of and an opportunity to defend. Section 3: The employee shall give notice to the City during their tour of duty of all injuries or damage to persons or property, including the employee himself, incurred by or witnessed by the employee while the employee is on duty. Section 4: It shall be the duty of the employee to notify the City Manager’s Office at first reasonable opportunity of being served with any civil action. Section 5: Failure to provide the notices required in Section 3 and 4 shall result in disciplinary, action, but shall not limit the City’s obligation to provide defense and indemnification, provided reasonable notice is given and the City’s opportunity to defend is not adversely affected. Section 6: The employee has the right to retain legal counsel of his choice at his own option and expense. The City shall make copies of discovery documents available to the employee at no cost to the employee, provided there is no disputed issue of liability between the City and the employee involved in the suit. 2"7 ARTICLE 21 LONGEVITY BENEFITS Section 1: All bargaining unit members hired before October 1, 1991, who shall have completed their required years of service, indicated below, shall be entitled to a percentage increase in salary as follows: Years of Continuous Service Percentage Increase in Salary 4 years 2% 7 years 4% 11 years 6% 15 years 8% 20 years 10% Section 2: Said percentage increases shall be added to base salary. Section 3: Continuous service as indicated in Section 1, above, shall be defined as employment in the public or city service without break or interruption. Layoffs not exceeding one year, authorized military leave, educational leave, vacation or annual leave, sick leave, or other leave or lawful extension thereof, or reinstatement in accordance with this Agreement, shall not affect continuity of service. Section 4: Longevity allowances for employees hired after September 30, 1991, shall be as follows: A.After completion of four (4) years service, $300. B.After completion of seven (7) years service, $600. C.After completion of eleven (11) years service, $900. D.After completion of fifteen (15) years service, $1200. E.After completion of twenty (20) years service, $1500. Longevity shall not be calculated with the employee’s base salary, but will be maintained as a separate benefit payable only on achievement of the specified anniversary date. Longevity payment shall be made at the end of the payroll period during which the anniversary date falls. 28 ARTICLE 22 MAINTENANCE OF CONDITIONS Section 1: All matters pertaining to terms of employment and working conditions guaranteed by law and written policy to employees within the bargaining unit shall apply to the extent that they are not in conflict with the provisions of this agreement. Section 2: Any written rule, regulations, policy or procedure affecting employees of the bargaining unit in effect prior to as well as those issued after the effective date of this agreement shall remain and be in full force and effect unless changed, modified or deleted by the employer or unless in conflict with any article or section of this agreement. ARTICLE 23 MANAGEMENT RIGHTS Section 1: The Police Benevolent Association and the bargaining unit employees recognize that the City has the exclusive right to manage and direct the various departments of the City., Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization; set standards of service, establish and implement policies and procedures related to employment, promotions, position classification, discipline, transfer, assignment, and scheduling of employees, subcontract work; merge, consolidate, or-close a department or any part thereof or expand, reduce, alter, combine, assign or cease any job; control the use of equipment and property of the City; fill any job on a temporary, emergency, or interim basis, determine the number, location and operations of headquarters, annexes, divisions, substations, and departments thereof; schedule and assign the work to the employees and determine the size and composition of the work force; formulate and implement departmental policy rules and regulations; and introduce new or improved services, maintenance procedures, materials, facilities, and equipment. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City’s right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2: If, at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder, or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 3O ARTICLE 24 NON-DISCRIMINATION Section 1 Neither the City northe PBA shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable laws because of race, creed, color, disability, national origin, age or sex, or marital status. Section 2: The City will not discriminate against any employee covered by this agreement because of membership or non-membership in the Association or authorized activity as required in this agreement on behalf of the members of the PBA. 33_ ARTICLE 25 OFF DUTY/EXTRA DUTY EMPLOYMENT Section 1 : No member of the bargaining unit may hold outside employment unless the Employee’s written request for approval of such employment is recommended by the Police Chief and approved by the City Manager. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee’s City position is of primary importance. go Co Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and Determination as to the compatibility of the outside employmentwith the City employment. Whenever the outside employment is in the nature of "Security Guard" type work, as determined by the City Manager, the employee providing to the City a certificate of insurance from the proposed outside employer (or from the Employee himself if such outside employment is to be done by said employee as an independent contractor), which certificate of insurance must be approved and accepted by the City. In order to be acceptable, said certificate of insurance must prove that the employee and the City of Palm Beach Gardens are adequately insured against liability for any and all acts done by or caused by such employee while engaged in such outside employment, and that the employee and the City are adequately covered for any workers’ compensation liability arising out of such outside employment. The above paragraph notwithstanding, the City does hereby reserve the right, at any time and at its sole discretion, to require any or all such future employers to contract directly with the City for such outside employment services (which are related to the employee’s City job function). The City shall pay the officer who performed such outside employment $25 per hour and the sergeant $30 per hour. All required deductions for social security and taxes shall also be made by the City prior to payment to the employee. In cases of such approved outside employment which is contracted through the City, no certificate of insurance shall be required from the outside employer. Such outside employment contracted through the City may include both temporary and long term outside employment, by one or more such outside employers. All outside employment contracted through the City shall continue to be subjected to the conditions set forth in paragraphs A, B, and C above. 32 Section 2: No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty or for a workers’ compensation injury, unless additional express approval for such outside employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee’s physician and/or from the City Physician. ARTICLE 26 PERSONNEL RECORDS Section 1: The City shall maintain all official personnel records in a central office hereafter known as the Human Resources Department and all records shall be kept confidential to the extent provided by law. Section 2: The name and photograph of a bargaining unit employee may be furnished to the news media in order to announce promotions or acts of exemplary service with the approval of the employee. Section 3: The City agrees that upon request and appointment, a bargaining unit employee shall have the right to inspect their official personnel record. Section 4: The City agrees that a member shall have the right to include in his official personnel record a written and signed refutation (including signed witness statements) any material he considers to be detrimental. Section 5: All insertions, upon approval by the Human Resources Director, into a member’s personnel file will remain a permanent part of the member’s official personnel records. ARTICLE 27 PHYSICAL EXAMINATION Section 1: Bargaining unit members shall receive an annual comprehensive physical examination, including X-rays and EKG. Said examination will be performed by the City Physician or another physician so designated by the City. Additional examinations, as so directed by the City Physician, will be provided if the annual examination so indicates a condition which might leave a bargaining unit member unfit to perform his normal duties. Section 2: The City shall provide all physical examinations during a bargaining unit member’s on-duty time. ARTICLE 28 PROBATIONARY PERIOD Section 1: All bargaining unit members including rehires shall be subject to the satisfactory completion of a twelve (12) month probationary period beginning on the date when hired with the City. All probationary employees shall receive an employee evaluation on or near the midpoint of their probationary period. Section 2: The Chief of Police, with the City Manager’s approval, may extend the probationary period for up to six (6) additional months for any employee in order to further evaluate performance or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided in writing to the employee. .. Section 3: In order that a probationary employee attain regular status, the Chief of Police must notify the City Manager in writing that the employee’s performance is satisfactory and he is to continue in the position. Section 4: Any decision involving assignments, layoff or dismissal of probationary employees is entirely within the discretion of the City. Such decision shall not be subject to the grievance procedure. However, the employee may grieve other alleged contractual violations during said probationary period. Section 5: All promotions shall have a probationary period of six (6) months, which can be extended an additional six (6) months. ARTICLE 29 PROHIBITION OF STRIKES Section 1: No employee, PBA officer, or agent shall instigate, promote, sponsor or engage in any strike, slow down, concerted stoppage of work, or any other intentional interruption of the operations of the employer, regardless of the reason for doing so. Any and all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the employer. Section 2: In the event of a strike, slowdown, concerted stoppage of work, or other intentional interruption of the operations of the employer, regardless of the reason for doing so, the PBA shall direct an immediate action to the fullest extent of its power and influence to bring about a cessation of such activities. If the Union fulfills in good faith all .of the obligations under this section, the City agrees that the Union will not be liable for any damages resulting thereafter. Section 3: The employee and the PBA individually and collectively, shall be liable for any damages which might be suffered by a public employer or other party affected as a result of a violation of the provisions of this Article. 3"7 ARTICLE 30 PROMOTIONS Section 1 : When a budgeted Sergeant’s or Lieutenant’s position exists and is declared vacant by the City, appropriate notice shall be given. However, the City is not obligated to fill a vacant Sergeant’s or Lieutenant’s position. Section 2: The City will announce promotional examinations at least forty-five (45) days prior to the testing date. The City will also list the areas which the examination will cover, provide the sources from which the examination is drawn and make all such reference material available. Once a promotional list is established as a result of the competitive test, that promotional list will exist for twelve months (12) or until it is reduced to two or less candidates. Names of eligibles for Police Sergeant shall be removed from appropriate eligibility list by any of the following: Ao Appointment through certification from such list to fill a permanent position of Police Sergeant. B.Written statement by the eligible that he is not willing to accept appointment. C. Separation from the City service of an employee on a promotional list. Section 3: The City agrees to use only job related promotional examinations. Section 4: The City agrees that promotions within the bargaining unit shall be made in accordance with Department policy, which shall not be changed without mutual consent of the City and the PBA. Section 5: Selections for promotion will be made from the promotion register based on the rule of three. The Chief may select any officer from the top three candidates on the register, if the selection is not made from the top three, each officer who was rated higher than the one selected will be provided a written explanation as to why he was not promoted. The City may delay a promotion with respect to any person who is the subject of an active criminal or internal investigation. Section 6: All promotions shall have a probationary period of six (6) months. Section 7: The Chief of Police, with the City Manager’s approval, may extend the probationary period for up to six (6) months for any employee in order to further evaluate performance, or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided to the 38 employee in writing, with the reason for extension attached thereto. Section 8: The Police Chief may, at his/her discretion, demote any sergeant during the probationary period of the promotion to sergeant, and said demotion shall not be subject to the grievance procedure contained in this agreement. To attain regular status, the Chief of Police must notify the City Manager in writing that the Sergeant’s performance is satisfactory, and he/she is to continue in the position. Section 9: A member who does not successfully complete the probationary period will be returned to the rank of sergeant in the pay range at which he/she would be had they not been promoted. ARTICLE 31 RECALL PAY Section 1: Any employee called to duty prior to the start of his assigned shift or recalled to duty after having left for the day, will receive a minimum of three (3) hours pay at one and one-half (1.5) the regular rate of pay. Section 2: For the purposes of this section, "Recall" is defined as any duty, detail or response to a lawful order which requires an employee to return to work after already completing his assigned shift or being called to duty on his regularly scheduled day off or prior to the start of his assigned shift. This provision shall not apply to an officer held over from his assigned tour of duty. The above mentioned hours will be calculated at a rate of one and one-half (1.5) times his base rate pay under the FLSA. There shall be pyramiding of recall guarantees. This section shall not apply to court time. 40 ARTICLE 32 SALARIES Section 1: The following salary plan shall take effect on October 1,2001, and continue through September 30, 2004: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Police Officer 36 086 37891 39 785 41 774 43 865 46 058 2001/2002 2002/2003 2003/2004 Police Officer:Minimum: 33,000 Maximum: 51,700 53,768 55,919 Sergeant:Minimum: 42,900 Maximum: 60,500 62,768 65,437 The only steps currently in use for police officers are 3-8. Effective Octoberl,2001,allofficers and se~eantsshallreceive a 6% base salary increase. All officers hired by the City of Palm Beach Gardens, shall receive a salary increase of 0-6% based upon merit, following a performance review on their respective anniversary date. All officers who have graduated out of the Step Plan shall receive a merit increase of 0-6% following a performance review on their respective anniversary date. Effective October 1,2002, all officers and sergeants salaries shall be increased by the greater of either the percentage increase then reflected in the Employment Cost Index, as reported by the U.S. Department of Labor, Bureau of Labor Statistics, or by 4%. It is understood and agreed that said increases to salaries shall be separate and apart from those increases to salary earned pursuant to the City’s Merit Plan. 41 Effective October 1,2003, all officers and sergeants salaries shall be increased by the greater of either the percentage increase then reflected in the Employment Cost Index, as reported by the U.S. Department of Labor, Bureau of Labor Statistics, or by 4%. It is understood and agreed that said increases to salaries shall be separate and apart from those increases to salary earned pursuant to the City’s Merit Plan. Members who have reached the maximum salary for their position shall receive merit increases in the form of a cash bonus (salary disbursement). All W-2 earnings shall be included for the purpose of pension calculations. A. Effective October 1,2001, the following salary range shall take effect. Communications Operators: 2001/2002 2002/2003 2003~004 Minimum: 25,300 Maximum: 35,200 36,608 38,072 The designation of communications supervisor shall be a position made solely at the discretion of the Chief of Police, and shall not be considered as a promotion for purposes of this agreement. However, based upon additional responsibilities assigned to the position, anyone serving as a lead operator shall receive a 5% base salary increase while working in that capacity. Effective October 1, 2002, all communication operators’ and communication supervisors’ salaries shall be increased by the greater of either the percentage increase then reflected in the Employment Cost Index, as reported by the U.S. Department of Labor, Bureau of Labor Statistics, or by 4%. It is understood and agreed that said increases to salaries shall be separate and apart from those increases to salary earned pursuant to the City’s Merit Plan. Effective October 1, 2003, all communication operators’ and communication supervisors’ salaries shall be increased by the greater of either the percentage increase then reflected in the Employment Cost Index, as reported by the U.S. Department of Labor, Bureau of Labor Statistics, or by 4%. It is understood and agreed that said increases to salaries shall be separate and apart from those increases to salary earned pursuant to the City’s Merit Plan. All communication operators and communication supervisors shall receive a salary increase of 0-6% based upon merit, following a performance review on their respective anniversary date beginning October 1,2001. Members who have reached the maximum salary for their position shall receive 42 merit increases in the; form of a cash bonus. Section 2: All Bargaining Unit Members currently remaining in the Step Plan shall progress within the salary plan to the next step on their employment anniversary date, or in the case of sergeants, their promotional anniversary date, upon satisfactory review by the department head and the supervisor. Bargaining Unit Members shall not exceed the maximum within the salary plan. Any pay increase shall become effective the first full pay period following the anniversary date and shall not be retroactive. Section 3: The Chief of Police, with the concurrence of the City Manager, shall have the authority to employ an experienced police officer or dispatcher at 5% above the minimum salary range for their respective positions. Section 4: Any Bargaining Unit member promoted to a higher rank (Police Officer to ¯ Sergeant) will initially be paid at the starting rate for that classification, or a five percent (5%) raise, whichever is greater. Section 5: Any Bargaining Unit member that is in a plain clothes assignment shall receive a $750 per year clothing allowance. Said clothing aillowance shall be paid in increments of $375 during the first pay period following January 1 and July 1 of each calendar year. Upon reassignment from the plain clothes position, the clothing allowance shall cease. No transfer shall take place for punitive reasons. Section 6: Any bargaining unit member assigned as a Field Training Officer by the Chief of Police shall receive eight (8) hours compensatory time for each 40 hours of supervised training. The training shall not be prorated. Section 7: Any Bargaining Unit member assigned to the midnight shift shall receive an additional two (2) hours compensatory time per pay period. 43 ARTICLE 33 SAVINGS CLAUSE Section 1 : If any article or section of this agreement should be found invalid, unlawful, or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. Section 2: In the event of invalidation of any article or section, both the Cityand the PBA agree to meet within thirty (30) days of such determination for the purpose of arriving at mutually satisfactory replacement for such article or section. ARTICLE 34 SENIORITY Section 1: Seniority shall consist of continuous accumulated paid service with the Department and shall be computed from the time of appointment. Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other authorized leave. Section 2: The City agrees that seniority shall govern the following matters: Whenever practicable, vacations for each calendar shall be drawn by employees on the basis of seniority in rank. In the event of a lay-off for any reason, employees shall be laid off in the inverse order of their seniority. Such lay-offs will be accomplished within the established rank structure. Employees shall be called back from lay-off according to their seniority. Such call backs will be accomplished within the established rank structure in Section 2 - 2. Such actions will incorporate a certified letter, to the employee who will specify a thirty (30) day time limit for reply as to whether or not he wishes be considered for his old position. In any event, no position will be held open longer than thirty (30) days after the receipt of the certified letter advising that his old position is being held for him. 5. Lay-offs will follow the procedure outlined in the City’s Personnel Program. Section 3: Employees shall lose their seniority as a result of the following: Termination Retirement Resignation Unjustified absence for more than five (5) work days. Failure to report to the City Manager’s Office intention of returning to work within thirty (30) days of receipt of recall, as verified by Certified Mail, Return Receipt. Failure to report from Military Leave within the time limits prescribed by law. ARTICLE 35 SICK LEAVE Section 1 : The City has the right to expect regular and dependable attendance from its employees. Sick leave is provided by the City as a form of economic security, and is not to be considered a right which an employee may use for purposes other than bonafide personal illness, injury, doctor’s appointments, legal quarantine, or sickness or injury within the immediate family living in the employee’s household. Employees claiming sick leave except for the reason stated above, or claiming sick leave to the extent that the amount of absence becomes an abuse of the sick leave benefit shall be subject to disciplinary action. Section 2: A qualified regular employee shall accumulate sick leave at the rate of eight (8) hours per month during continuous service. Section 3: A maximum of eight-hundred (800) hours sick leave time may accumulated and maintained. After the 800-hour maximum has been reached, sick leave will not again accumulate until the employee has been charged with sick leave. Section 4: Separation from employment of the City shall cancel all accumulated sick leave, except by retirement or resignation in good standing after completion of five (5) years of continuous service. A retiring employee or an employee resigning in good standing after the completion of five (5) years of continuous service, shall be entitled to compensation for accumulated sick leave at the rate of one (1) hour’s pay at his current rate of pay, for each two (2) hours earned, but not taken; or computation of retirement date reduced eight (8) hours per each eight (8) hours sick leave earned, but not taken, the choice to be that of the employee. Section 5: Sick leave of more than three (3) consecutive regular work week days shall require a physician’s certificate if deemed necessary by the Chief of Police and/or City Manager. go An employee may be granted sick leave beyond that which they have accumulated at the discretion of, and with the approval of the City Manager when, in his opinion, such approval shall be in the best interest of the City. Section 6: Sick leave abuse is unacceptable and shall result in disciplinary action. Sick leave shall be used only in case of actual illness, injury and/or incapacity; to include serious illness or injury of a member of the employee’s immediate family residing in his household. Section 7: An employee absent on sick leave shall inform an on-duty supervisor at least one-half hour prior to his regularly scheduled reporting time of his absence, the specific reason therefor, and where (phone number and address) he will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. Failure to do so may be the cause for denial of sick leave with pay for the period of absence and other disciplinary action. The Chief of Police or City Manager shall make such investigations and reviews as they may feel are necessary. Section 8: Sick leave shall be reported on the current payroll, and in addition, on the form provided for Administration review and approval. Section 9: Any bargaining unit memberwho has accumulated sick time in excess of 84 hours as of December 1st of each year shall be allowed to turn in the additional hours in excess of 84 for 50% of the value of each hour. However, the pay for sick time that is reimbursed within any one year shall not exceed 50% of 84 hours. 4"7 ARTICLE 36 SUBSTANCE USE AND TESTING See attached City policy. ARTICLE 37 TERMINATION Section 1: Any bargaining unit memberwho submits his resignation will be permitted to continue his employment for the one (1) week notice period or be paid for the one (1) in lieu thereof at the discretion of the Chief of Police. No sick leave will be paid for any employee who has given notice of resignation, except as provided in Article 37, Section 4, unless substantiated by a doctor’s statement. ARTICLE 38 TRAINING Section 1: Whenever required, as so determined by the Chief of Police and within budgetary limitations, newly promoted officers will be afforded training to assist in preparing them for their new roles. Section 2: The parties acknowledge that not all police officers require an expertise in the use of the variety of police equipment utilized in law enforcement activities and agree that other training may be initiated to provide bargaining unit members with the background to do their job in a competent manner when so determined by the Chief of Police. Section 3: The City agrees that training and field training shall be made in accordance with Department policy. 5o ARTICLE 39 TRAVEL ALLOWANCE Section 1 : Privately owned vehicles may be used by bargaining unit members on official City business if authorized by the Chief of Police. Whenever travel by a privately owned vehicle is authorized, the bargaining unit member shall be entitled to a mileage allowance of twenty-five (25) cents per mile. Section 2: The City shall pay travel expenses in accordance with City policy for bargaining unit members while performing any Department directed activity overnight or outside of Palm Beach County. ARTICLE 40 HIGHER EDUCATION -TUITION REIMBURSEMENT See attached City policy. 52 ARTICLE 41 UNIFORMS AND EQUIPMENT Section 1: The City shall furnish uniforms to all bargaining unit members who are required to wear such uniforms in the performance of their duties and agrees to replace unserviceable unifolrms as required. Section 2: Any uniform or related equipment initially supplied by the City, which is damaged or destroyed while an officer is acting in the performance of his official duties, shall be replaced by the City at no cost to the officer, provided the same is not the result of his negligence. Such claim of loss must be supported with reasonable proof and shall be subject to the approval of the Chief of Police or his designated representative. Section 3: It shall be the responsibility of each officer to check any vehicle which has been assigned to him to ensure it is in safe operating condition prior to use or operation. All employees are to report any suspected unsafe condition to their immediate supervisor. Section 4: The City agrees to provide a uniform and clothing allowance for bargaining unit members as follows: A.1.All bargaining unit members shall receive $75.00 per month for uniform maintenance. Uniformed bargaining unit members shall be provided up to a maximum of five (5) shirts and five (5) pairs of pants. 2.Communications personnel shall receive $50.00 per month for uniform maintenance. A bargaining unit member on leave without pay, disability leave, or excused from wearing a uniform for 15 or more calendar days in a calendar month will not receive the uniform maintenance allowance for that month. Uniforms and equipment lost or damaged beyond repair in the line of duty shall be replaced by the City at no cost to the employee. Replacement of uniforms and equipment lost or damaged through the employee’s negligence will be replaced by the employee, however may result in disciplinary action. Cost for repair or replacement of watches or prescription eyeglasses or sunglasses damaged or destroyed while in the course of duty shall be paid by the City at a cost not to exceed one hundred fifty ($150.00) dollars per item of a like kind. Section 5: The City will provide officers with a two-way portable radio for use while away from their patrol vehicle. Section 6: A shoe allowance of eighty dollars ($80.00) per year shall be paid to each sworn member of the bargaining unit, effective January 1,2002. Section 7: In accordance with Department policy, the City shall provide each sworn officer with a bulletproof vest, however, it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. Section 8: All employees who are provided with uniforms or work clothing, as set forth above, are required to wear these uniforms and work clothing and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City. Section 9: All items as provided above, including protective clothing and protective devices, remain the property of the City and are only to be used in accordance with the Departmental work rules. Upon separation, all items, other than those worn out through normal use, must be returned (or paid for) by the employee before their final paycheck will be issued. ARTICLE 42 VACATION LEAVE Section 1: Vacation leave is a benefit, the sole purpose of which is to grant the employee time off with pay. Section 2: Eligible members of the bargaining unit shall be granted vacation leave in compliance with and subject to the following provisions and conditions: 0-4 years continuous service 5-8 years continuous service 9-12 years continuous service 13-16 years continuous service 17-20 years continuous service Over 20 years continuous service 8 hours per month 10 hours per month 12 hours per month 15 hours per month 17 hours per month 20 hours per month Vacation time will be credited to the employee’s account, effective the first day of each month for the preceding month. New-hire probationary employees shall not receive vacation leave; having satisfactorily completed the probationary period, employees shall be credited with retroactive vacation time for that period. A probationary employee who does not satisfactorily complete probation is not eligible to receive payment for accrued leave. Section 3: Vacation leave time may be accrued to a maximum of 240 hours. Section 4: Earned vacation leave shall be scheduled by the Chief of Police for the ensuing calendar year in such manner as to give preference first to supervisory employees, and second, to those employees with greater seniority, without permitting under staffing of his department at any time; said vacation schedule shall be approved by the Chief of Police and City Manager. The scheduled time of vacation leave cannot be changed without the approval of the Chief of Police and City Manager. Section 5: A bargaining unit member on disability leave or leave without pay for more than fifteen (15) calendar days shall not be credited with vacation leave for that period. Section 6: If the day on which an official holiday is observed, as designed in Article 32 - Holidays, of this contract, shall fall within the period of vacation leave being taken by an employee, it shall not be charged to their vacation leave. Section 7: Vacation leave shall be reported on the current payroll, and in addition, on the form provided for Administration review and approval. 55 Section 8: Pay in lieu of vacation leave granted shall be authorized upon written request by a bargaining unit member up to a maximum of eighty (80) hours per calendar year starting in the second year of the agreement. ARTICLE 43 WORKER’S COMPENSATION AND DISABILITY LEAVE Section 1 : Ao Section 2: Ao go Do Job-Related Injury: The City will carry Worker’s Compensation coverage for all employees covered by this Agreement. The City agrees to pay the premium for said coverage. When an employee is absent from duty because of an injury determined to be compensable under the provision of the Worker’s Compensation Act, he shall be entitled to full pay less any benefit under the Worker’s Compensation Act for up to six (6) months following the date of injury. However, if benefits required by state law exceed this, he shall be compensated accordingly. Non-Job Related Illness or Injury: Any bargaining unit member with the City who is absent from work due to sickness or injury after fourteen (14) consecutive days is eligible for disability pay. For each separate illness or injury and upon receipt of a disability claim form completed by the treating physician, the employee will be paid at 60% of base salary for a period of up to and not to exceed twenty-six (26) weeks. No more than twenty-six (26) weeks’ disability will be paid for any one illness or injury within the one (1) year period following the date the disability began. The employee may, at his choice, exhaust all sick leave before applying for disability pay. Upon request of the City Manager, a doctor’s certification must be submitted to the City every three weeks if the employee is unable to perform light duty or normal duty in order for the employee to continue to receive sick leave or disability pay. The sickness or injury cannot be in connection with worker’s compensation, self-inflicted injury, nor related to off-duty employment. An individual requiring time off for childbearing shall be subject to the same benefits and restrictions as for any other disability. Any member receiving medical treatment over an extended period of time for an illness or injury may be required to provide a physician’s written diagnosis, prognosis, approximate date of recovery, and statement that the employee is physically fit to perform the job duties required in the capacity for which he is currently employed. Based on the information received from the physician, or failure to provide requested information may result in reclassification as to duty status. Section 3: When so directed by the City, any employee out of work or released for light duty work under the provision of this article shall present himself for a medical examination. The City will bear the., full expense of said examination. The failure of such employee to present himself for an examination as directed will operate to automatically terminate any payments under this Article. Section 4: Whenever an employee out of work due to an illness or injury becomes physically able to perform some useful light duty work for the Department, he may be required to do so as a condition to receiving benefits under this Article. An employee assigned to light duty shall not receive out-of-classification pay. Section 5: Any employee who is able to work after an illness or injury shall be reinstated to his former job, provided he is physically qualified to perform all of the duties and responsibilities of his previous position. Such statement shall be certified by a medical doctor prior to the employee returning to work. If he is unable to assume his former responsibilities, the employee shall have first preference to fill another Department position, if a vacancy occurs, and the employee qualifies for such position. Section 6: The employee shall be subject to termination after completion of 26 weeks of disability or Worker’s Compensation. The determination-shall be at the discretion of the Chief of Police and confirmed by the City Manager. 58 ARTICLE 44 WORKWEEK AND OVERTIME Section 1: It is hereby agreed that no bargaining unit member shall be required to remain on duty for more than forty (40) hours in any calendar week unless extra hours duty are deemed necessary by the Chief of Police and additional compensation shall, be paid therefore. Said additional compensation shall be at the rate of one-and one-half (1.5) times the employee’s regular rate of pay. Bargaining unit member may elect compensatory time off in lieu of compensation at the rate of one and one-half (1.5) hours for each hour overtime worked, subject to a maximum accrual of one-hundred-twenty (120) hours compensatory time. Section 2: Bargaining unit members will work a forty (40) hour work week. The City will establish the hours of work best suited to meet the needs of the department to provide superior service to the community. Section 3: Overtime pay when so granted will normally be contained in the bargaining unit member’s next regular paycheck following the time worked. Compensatory time will be requested in advance and approved in the same manner as vacation leave. Section 4: The City will establish the hours or work best suited to meet the needs of the department to provide superior service to the community, but agrees that work schedules will not intentionally be changed or altered to avoid the payment of overtime. Section 5: Whenever a shift rotation occurs, no bargaining unit employee shall be forced to work a continuous shift. Bargaining unit employees rotating from the evening or midnight shifts will be entitled to at least eight (8) hours of off-duty before returning to work. Section 6: Bargaining unit members will be given adequate notice of any change in their regular shift except where an emergency exists. Bargaining unit members required to work beyond their regular duty hours during a riot, hurricane, or emergency condition will receive either compensatory time or overtime according to the FLSA. Section 7: The City agrees that bargaining unit members will be compensated off-duty training at the regular hourly rate when required by the Chief of Police to attend training. Actual hours spent on off-duty training will be counted toward the accumulation of hours under the FLSA. Section 8: All bargaining unit members are expected to report to work on time, prepared to begin their assigned duties. Failure to do so shall result in disciplinary action. Section 9: The City recognizes that unusual circumstances may require that a bargaining unit member may find it necessary to request a change of his scheduled shift. 59 Without obligating the City to pay overtime, bargaining unit members may work for or change shifts with another bargaining unit member performing similar duties. Such determination of duty compatibility and approval shall rest with the Chief of Police or his designated representative. No reasonable request will be denied. Section 10: Compensation for overtime work in excess of 40 hours per week, excluding sick leave, shall be at the rate of one and one-half (1.5) the employee’s regular rate of pay. 60 ARTICLE 45 HAZARDOUS DUTY BENEFIT The City agrees that any member assigned to ride a two wheel motorized vehicle shall, while so assigned, receive $35 per week in addition to his/her regular salary during the first year of the agreement. During the second and third year of the agreement, the City will provide any member so assigned $40 per week in addition to his/her regular salary. SIGNATURE PAGE In WITNESS WHEREOF, the parties have executed this agreement on the of ,2001. day FOR THE CITY OF PALM BEACH GARDENS FOR THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Ron Ferris, City Manager Ernest W. George, President Joseph R. Russo, Mayor PBA Representative Ratified by the City of Palm Beach Gardens Ratified by the PBA on the day of day of ,2001. ,2001. Confirmed by:Confirmed by: Joseph R. Russo, Mayor Ernest W. George, President Carol Gold, City Clerk 62 AGENDA COVER MEMORANDUM CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum ~//~ ~._/(., ~uDject/Agenaa Item: PI~A Lieutenants ~;ontract I~enewal date:(" Recommendation/Motion: Staff Recommends Approval Meeting Date: Reviewed City Attorne .~~ Finance ,~ ACM Other Submitted by: Department Director 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: Attachments: [ ] None -0- CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 19, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL AND RATIFICATION OF AN AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION FOR LIEUTENANTS EMPLOYED BY THE CITY’S POLICE DEPARTMENT FOR FISCAL YEARS 2001-02, 2002-03 AND 2003-04; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City’s Negotiating Team and the Police Benevolent Association have reached an agreement regarding the employment contract for Lieutenants employed by the City of Palm Beach Gardens Police Department for fiscal years 2001-02, 2002-03 and 2003-04; and WHEREAS, the members of the bargaining unit subject to the employment contract have voted in favor of ratification; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to approve and ratify the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1 : ]he 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: ]he City Council of the City of Palm Beach Gardens hereby approves and ratifies the employment contract between the City and the Police Benevolent Association for Lieutenants employed by the City’s Police Department for fiscal years 2001-02, 2002-03 and 2003-04, attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes the Mayor and City Clerk to execute said contract on behalf of the City. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- SECTION 4: If any clause, section, other part or application of this Resolution is held by any court o1 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, ADOPrED 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 MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- CITY OF PALM BEACH GARDENS MEMORANDUM TO:Ron Ferris, City Manager DATE:January 25, 2002 FROM:Hank DuFour, Director of Human Resources SUBJECT:PBA/City of Palm Beach Gardens Collective Bargaining Agreement Lieutenants Contract Please see below the changes made to the Lieutenants contract: 1.Article 12 (Duration) - The contract reflects the three-year period demanded the City. 2. Article 15 (Holidays) - Section 5 is deleted. 3.Article 16 (Insurance Benefits) - Section 1 reflects the three-year period of insurance coverage as per contract duration. Article 27 (Promotions) - Section 4 reflects a change in that "If the City promotes to the rank of Captain from within the bargaining unit, such promotion shall come from the rank of non-probationary Lieutenants." Section 8 simply deleted the word "her" from "his/her". 5.Article 28 (Salaries) - Sections 2 & 3 salaries in the contract are correct and reflect the increases that were negotiated. 6.Article 33 (Termination) - Section 1 Article number changed to reflect correct number. o Article 37 (Uniforms and Equipment) - Section 7 reflects a $900 per year clothing allowance for members assigned to plain-clothes positions. Upon reassignment from the plain-clothes position, the clothing allowance will cease. 8.Article 38 (Vacation Leave) - Section 7 reflects the three-year adjustment of pay in lieu of vacation leave. 9.Article 39 (Worker’s Compensation and Duty Disability Leave) - Section 1-B extends worker’s compensation benefits to six months. POLICE MAILING ADDRESS 2100 N. Florida Mango Road West Palm Beach, FL 33409-6400 (561) 689-3745 (56L) 68%0154 Fax PALM BEACH COUNTY BENEVOLENT ASSOCIATION,INC. ADMINISTRATIVE OFFICES 2100 N, Florida Mango Road West Palm Be.~ch. EL 33~O9,6400 (56)) 689-374~ January 25, 2002 Facsimile: (561) 799-4111 Ron Ferris, City Manager City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, Florida 33410 Re:PBNCity of Palm Beach Gardens Collective Bargaining Agreement Lieutenants Contract Dear Mr. Ferris: Please be advised that a ratification vote was held on Wednesday, January 23, and Thursday, January 24, 2002 concerning the proposed 2001/2004 Lieutenants Contract between the City of Palm Beach Gardens and the Palm Beach County Police Benevolent Association. The contract was ratified as follows: 5 FOR RATIFICATION 0 AGAINST RATIFICATION Please see that the City Council ratifies this contract as soon as possible and if you have any questions, please feel free to contact me. GL:gs cc: Emie George, President PBA Reps Legal Counsel The Voice o/Pal., Beach Counr2"s Law En.forceraenr ~I~ " d ~ ~L ~ ~-N~"‘= w~‘=~¢‘~ia~"~°~"~‘"~‘ v~‘~=~^’~‘~‘~‘s~d~ ~ ~ ~ ~00~ .~-ue~’ THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE LIEUTENANTS OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004 TABLE OF CONTENTS Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 Signature Prearnble Recognition Acting Captains Pay Association Representatives Bargaining Unit Identification Bereavement Leave Change of Status Contract Constitutes Entire Agreement Court Time Discipline Dues Deduction Duration Funeral Expense Grievance and Arbitration Procedure Holidays Insurance Benefits Leave of Absence Legal Benefits Longevity Benefits Maintenance of Conditions Management Rights Non-discrimination off Duty Employment Personnel Records Physical Examination Prohibition of Strikes Promotions Salaries Savings Clause Seniority Sick Leave Substance Use Policy and Testing Termination Training Travel Allowance Tuition Reimbursement Uniforms and Equipment Vacation Leave Worker’s Compensation and Duty Disability Work Week and Overtime Page 3 4 5 6 7 8 9 10 11 12 13 15 16 17 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 38 39 40 41 42 43 45 46 48 49 2 ARTICLE 1 PREAMBLE Section 1. In accordance with the State of Florida Public Employees Collective Bargaining Statute and the City of Palm Beach Gardens this agreement is entered into by and between the City of Palm Beach Gardens, a municipal corporation in the State of Florida, hereinafter called the-"Employer" or the "City" and the Palm Beach County Police Benevolent Association, hereinafter referred to as the "PBA" or "Association". The labor agreement is applicable for employees as defined in Case No. RC-90-013.issued to the PBA in accordance with the Certificate granted by the Public Employees Relations Commission on July 17, 1990. Section 2. The purpose of this agreement is to promote and maintain harmonious and cooperative relationships between the employer and employees, both individually and collectively, to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this agreement, and to set forth herein the basic and entire agreement between the parties in the determinations of wages, hours and terms and conditions of employment. Section 3. The parties recognize that the basic interest of the community will be served by assuring the public, at all times, of orderly and uninterrupted operations and function of the municipal government, and by providing in the most efficient manner, superior public service to the citizens of the community. ARTICLE 2 RECOGNITION Section 1. The City of Palm Beach Gardens hereby recognizes the Palm Beach County Police Benevolent Association as the exclusive representative for the purpose of collecting bargaining with respect to wages, hours and terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in Case No. RC-90-013 granted by the Public Employees Relations Commission on July 17, 1990, comprising of all sworn police officers of the City of Palm Beach Gardens who hold the rank of Lieutenant who are certified officers; excluding all other municipal employees, all non-sworn municipal employees working in the Police Department, and all police officers of the rank higher than Police Lieutenant. Section 3. The Palm Beach County Police Benevolent Association hereby recognizes the City Manager or his/her representative as the Public Employer’s only representative for the purpose of collective bargaining. Section 4. For the purpose of this agreement, the terms bargaining unit employees, officer, member and employee shall be synonymous.. 4 ARTICLE 3 ACTING CAPTAINS PAY Section 1. To assure the orderly performance and continuity of services, the City may temporarily upgrade employees on an acting basis to position of a higher rank. For the purpose of this article, it is understood that temporary upgrading may be required in order to fill or compensate for temporary Captains’ vacancies, which may exist for any of the following reasons: Ao A Captain’s position is permanently vacant and is scheduled to be filled by a regular full-time employee, and a short period of time is required so as to proceed with and complete the normal appointment procedures. go A Captain’s position is temporarily vacant, although permanently filled, because the regular employee is on vacation, sick leave, disability leave, or other approved leave of absence. It is not the intent of the City to circumvent or avoid the normal employment or promotion process however, and therefore the City shall make every possible and reasonable effort to fill vacancies in a most expeditious manner, and to keep the need for such temporary upgrading to a minimum. Section 2. A Lieutenant assigned to work at the City’s request as a Captain for eight (8) hours or more shall receive assignment pay of five percent (5%) above his base rate of pay for all hours worked in that assignment. ARTICLE 4 ASSOCIATION REPRESENTATIVES Section 1. A bargaining unit member who is an elected PBA official and/or bargaining unit member of the PBA negotiating team shall be permitted to use annual leave or other earned time, excluding sick leave, for the purpose of conducting PBA business and negotiations provided that: (1)A written request for the use of annual leave or other earned time, excluding sick leave, is submitted to the Chief of Police or his authorized representative. (2)Sufficient manpower is available to maintain efficiency of operations during the absence of the PBA officials as so determined by the Chief of Police or his designated representative. Section 2. It shall be the responsibility of the bargaining unit to promptly notify the City Manager and the Chief of Police in writing of any change in the designation of PBA representatives. ARTICLE 5 BARGAINING UNIT IDENTIFICATION Section 1. Upon request, the City agrees to provide to the PBA on an annual basis a roster of the bargaining unit including name, address, date of birth, social security number, and current pay. ARTICLE 6 BEREAVEMENT LEAVE Section 1. In the event of the death of the mother, father, step-mother, step-father, brother, sister, husband, wife, son, daughter, grandparent, grandchild, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law of an employee, in state or out-of-state, such employee shall be entitled to funeral leave for the purpose of arranging, and attending, said relative’s funeral for a period of three (3) working days for any one death. In the event the death requires an out of area trip exceeding 250 miles one way, the Police Chief shall authorize an additional (2) working days. Section 2. An employee on funeral leave provided in the Article shall be paid for such hours which the ernployee would normally be scheduled to work. Section 3. The City reserves the.right to require documentation supporting compliance with the provisions of this Article after the employee returns to work. Section 4. The provisions of this Section shall not apply to employees who fail to contact the employer prior to taking such leave. ARTICLE 7 CHANGE OF STATUS Section 1. The placement of employees within the Police Department shall be the responsibility of the Chief of Police. An employee may be transferred or reassigned for operational reasons. Section 2. Whenever feasible, employees will be notified at least two (2) weeks advance of transfer, reassignment or change of shift. ARTICLE 8 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES Section 1. The parties acknowledge and agree that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Each party agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this agreement, but it is further recognized that this Article does not constitute a waiver of the PBA’s right to negotiate any past practice or changes in contractual terms. Section 2. By mutual agreement, any item may be brought to the table for negotiations. The parties agree not to propose any changes to this agreement, during the duration of this agreement, unless there is mutual consent to negotiate such changes. 10 ARTICLE 9 COURT TIME Section 1. A Lieutenant who is required by the City to be in court while off duty, shall receive a minimum of three (3) hours pay at one and one half (1.5) his regular rate of All hours worked under this section shall be considered overtime for the purposes of payroll calculation. ARTICLE 10 DISCIPLINE Section 1. The parties recognize that the interest of the community and job security of the employees depend upon the City’s success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, employee behavior which is positive and supportive of the goals of effective municipal management and public safety. The parties recognize the need for progressive and appropriate discipline when an employee’s conduct and job performance are inconsistent with said goals. Section 2. No employee shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The loss of pay in reassignment shall be considered as part of the determination of the disciplinary action. Disciplinary action may include: ao verbal Warning Written Counseling form Suspension without pay Demotion Dismissal Section 3. In certain cases the City shall provide remedial training as deemed necessary and any costs shall be paid by the City. ARTICLE 11 DUES DEDUCTION Section 1. Upon receipt of a lawfully executed written authorization form from an employee, the City agrees to deduct the current regular associated dues once each month and remit such deductions to the duly elected Treasurer of the PBA within fifteen (15) working days from the date of deduction. The PBA will notify the City, in writing, thirty (30) days prior to any change in the regular PBA dues structure. The employer is expressly prohibited from any involvements in the collection of fines, Penalties or special assessments and shall not honor any request of this nature other than for association dues. Section 2. Any employee may at any time, revoke his dues deduction and shall submit revocation form to the City’s Finance Director with a copy to the Association. Section 3. The PBA agrees to pay to the City forty (40) dollars per year to cover administrative costs and changes. The amount will be deducted annually from the first remittance in January. Section 4. The PBA agrees to provide necessary Dues Deduction Authorization forms and Notice to Stop Dues Deduction forms for its members. These forms shall read as follows: AUTHORIZATION CARD FOR DEDUCTION OF PBA DUES I hereby authorized the City of Palm Beach Gardens to deduct from my wages each month the current regular monthly PBA dues and to transmit this amount to the Treasurer of the Palm Beach County Police Benevolent Association. DATE: NAME: ADDRESS: SIGNATUREi 13 INSTRUCTION TO STOP PAYROLL DEDUCTION OF PBA DUES: I hereby instruct the City of Palm Beach Gardens to stop deducting from my wages each month the current regular Monthly PBA dues of the Palm Beach County Police Benevolent Association. A copy of this revocation has been forwarded to the Treasurer ot: the PBA. DATE: NAME: ADDRESS: SIGNATURE: Section 5. The PBA agrees to indemnify and hold the City harmless against any and all claims, suits, orders and judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of PBA dues. ]4 ARTICLE 12 DURATION Section 1. This agreement shall be effective October 1,2001, subject to ratification by the PBA and approval and appropriation of the necessary funds by the City Council of the City of Palm Beach Gardens, Florida. This agreement shall continue in full force and effect from October 1,2001 to September 30, 2004. Section 2. Either party shall, by written notice to the other by May 15, 2004, initiate discussions concerning modifications, amendments, and renewals of this agreement that shall take effect beginning October 1,2004. Section 3. Should the contract not be ratified by the PBA and approved by the City Council for the year beginning October 1,2001, this agreement shall remain in full force and effect until replaced by a new agreement. ARTICLE 13 FUNERAL EXPENSE Section 1. The City will provide for funeral and burial expense for members killed in the line of duty who are eligible for Statutory Death in Line of Duty benefits an additional b~nefit of $5,000 to be paid directly to the beneficiary of said member. ARTICLE 14 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance, as used in this agreement, is limited to a complaint or request of a bargaining unit member which involves the interpretation of application and or compliance with, the provisions of this agreement. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1. The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days of its occurrence or knowledge thereof, to the Chief. The Chief of Police shall reply in writing within ten (10) working days receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP2. If no written reply has been made or if a written response has been made, and the aggrieved employee is dissatisfied, the aggrieved employee or the PBA representative may, within ten (10) working days of receipt of a reply or if none submitted, present the grievance or dispute to the Human Resources Director. The Human Resources Director shall reply in writing within ten. (10) working days of receipt of the grievance. If the Human Resources Director fails to reply in writing, the grievance is presumed to be denied and the employee may move to the next step.. STEP3. If the Human Resources Director replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days of receipt of the Human Resources Director’s reply. The City Manager shall reply within ten (10) working days of receipt of the grievance dispute. If the City Manager fails to reply in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP4. If the grievance has not been settled by Steps 1-3, either party, the PBA orthe City may refer it to arbitration within fifteen (15) days of receipt of the City Manager’s reply. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Services (FMCS) for selection in accordance with their procedures except where otherwise provided in this agreement. The arbitrator’s decision shall be supported by substantial evidence on the record as a whole. The decision shall be in writing with a full statement of findings and reasons. The decision of the arbitrator shall be final and binding on the parties; provided that the arbitrator shall have no power to modify., amend, or alter this agreement. The expense of the arbitrator shall be borne by the parties. Section 4. By agreement of both parties, a meeting will be held at any step of the grievance procedure. Section 5. Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. (1)The selection of an arbitrator must be completed within the time limits provided by the FMCS. Failure to do so will bar the untimely party from submitting its preference or choice of an arbitrator. (2)After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. (3)Briefs, if any, must be filed with the arbitrator no later than fifteen (15) days after the close of the hearing or after receipt of the transcript, if a transcript is requested. (4)The arbitrator must render an opinion within twenty (20) days of receipt the briefs. ]8 Section 6. The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both parties shall share equally the fee and other expenses of the arbitrator. Section 7. Settlement of grievances prior to the issuance of an arbitration shall not constitute an admission that the Agreement has been violated. ARTICLE 15 HOLIDAYS Section 1. The official holidays to be observed by bargaining unit members shall be: New Years Day Martin Luther King’s Day Washington’s Birthday Good Friday Memorial Day Independence Day Labor Day Veterans’ Day Thanksgiving Day Day after Thanksgiving Christmas Day Section 2. Bargaining unit members shall also receive a personal day, which shall be requested in advance and taken any time during the calendar year (January 1 - December 31). The personal day is not considered an official holiday for payroll purposes. Section 3. If an employee has credited time of forty (40) hours for the work week, excluding sick leave, disability leave, or leave without pay, the rate of pay for the employee whose services are required on an official holiday shall be: a day’s pay for the holiday, plus one and one-half (1.5) times the employee’s straight time rate of pay for every hour worked. However, if the employee does not have credited time of forty (40) hours for the work week, any employee who shall be required to perform work on a holiday shall be given another day off in lieu of the holiday, or compensated at straight time plus an additional four (4) hours straight time pay. Section 4. Employees who qualify to receive compensation for an official holiday without working on such holiday, shall be paid their regular straight time rate of pay for the day on which the holiday falls. Section 5. Nothing set forth herein shall be construed as relieving the Chief of Police of his responsibilities for the performance of required functions. The Chief of Police shall determine which persons may be spared to observe a holiday. 2O ARTICLE 16 INSURANCE BENEFITS Section 1. The City shall continue providing the current insurance coverage at no cost to employees through September 30, 2004. Section 2. Employees who elect to maintain~dependent coverage will contribute a portion of the cost of said coverage not to exceed $180.00 per month. The bargaining unit employees will contribute the same percentage toward the cost of dependent coverage that other non-bargaining unit employees are required to pay. Section 3. In the event that the City determines that there is to be a substantial benefit reduction, either party may request a re-opener of this Article. 2] ARTICLE 17 LEAVE OF ABSENCE Section 1. Leaves of absence without pay for a period not to exceed six (6) months may be granted at the sole and exclusive discretion of the City Manager. Section 2. An officer who is a member of a military reserve unit and who must attend annual field training sessions is entitled to a leave of absence as provided by Federal Law. Upon presentation of military pay orders, the City will reimburse the employee for the difference between his military pay for the annual training session and his regular rate of pay. An employee called to active duty will be treated in accordance with Federal Law. Section 3. An employee who is on duly authorized paid leave of absence will continue to maintain all benefits including seniority, longevity, and insurance benefits. Section 4. An employee who is on duly authorized unpaid leave of absence will not receive benefits for any month in which he has been on leave without pay for more than fifteen (15) calendar days. The employee may retain, at his own expense, his group insurance coverage during such period of unpaid leave. 22 ARTICLE 18 LEGAL BENEFITS Section 1. The City shall, upon timely notice by an employee, undertake the defense of any employee covered by this agreement against civil damage suits arising from and in connection with his/her employment. Section 2. The City shall indemnify all employees against judgments for compensatory damages rendered against an employee in a civil damage suit arising from and in connection with duties performed by the employee in the scope of his employment for the City provided that the employee is not engaged in gross negligence or intentional misconduct. The City shall not indemnify any employee against judgments rendered in civil suits which the City has not been given notice of and an opportunity to defend. Section 3. The employee shall give notice to the City during their tour of duty of all injuries or damage to persons or property, including the employee himself, incurred by or witnessed by the employee while the employee is on duty. Section 4. It shall be the duty of the employee to notify the City Manager’s office or designee at first reasonable opportunity after being served with any civil action. Section 5. Failure to provide the notices required in Section 3 and 4 may result in disciplinary action, but shall not limit the City’s obligation to provide defense and indemnification, provided reasonable notice is given and the City’s opportunity to defend is not adversely affected. Section 6. The employee has the right to retain legal counsel of his choice at his own option and expense. The City shall make copies of discovery documents available to the employee at no cost to the employee, provided there is no disputed issue of liability between the City and the employee involved in the suit. 23 ARTIC LE 19 LONGEVITY BENEFITS Section 1. All bargaining unit members hired before October 1, 1991, who shall have completed their required years of service, indicated below, shall be entitled to a percentage increase in salary as follows: Years of Continuous Service Percentage Increase in Salary 4 years 2% 7 years 4% 11 years 6% 15 years 8% 20 years 10% Section 2. Said percentage increases shall be added to base salary. Section 3. Continuous service as indicated in Section 1, above, shall be defined as employment in the public or city service without break or interruption. Layoffs not exceeding one year, authorized military leave, educational leave, vacation or annual leave, sick leave, or other leave or lawful extension thereof, or reinstatement in accordance with this Agreement, shall not affect continuity of service. Section 4. Longevity allowances for employees hired after September 30, 1991, shall be as follows: Ao B. C. D. E. After completion of four (4) years service $300. After completion of seven (7) years service $600. After completion of eleven (11 ) years service $900. After completion of fifteen (15) years service $1200. After completion of twenty (20) years service $1500. Longevity shall not be calculated with the employee’s base salary, but will be maintained as a separate benefit payable only on achievement of the specified anniversary date. Longevity payment shall be made at the end of the payroll period during which the anniversary date falls. 24 ARTICLE 20 MAINTENANCE OF CONDITIONS Section 1. All matters pertaining to terms of employment and working conditions guaranteed by law and written policy to employees within the bargaining unit shall apply to the extent that they are not in conflict with the provisions of this agreement. Section 2. Anywritten rule, regulations, policy or procedure affecting employees of the bargaining unit in effect prior to as well as those issued after the effective date of this agreement shall remain and be in full force and effect unless changed, modified or deleted by the employer or unless in conflict with any article or section of this agreement. 25 ARTICLE 21 MANAGEMENT RIGHTS Section 1. The Police Benevolent Association and the bargaining unit employees recognize that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization; set standards of service; establish and implement policies and procedures related to employment, promotions, position classification, discipline, transfer, assignment, and scheduling of employees; subcontract work; merge, consolidate, or close a department or any part thereof or expand, reduce, alter, combine, assign or cease any job; control the use of equipment and property of the City; fill any job on a temporary, emergency, or interim basis, determine the number, !ocation and operations of headquarters, annexes, divisions, substations, and departments thereof; schedule and assign the work to the employees and determine the size and composition of the work force; formulate and implement departmental policy rules and regulations; and introduce new or improved services, maintenance procedures, materials, facilities, and equipment. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City’s right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. If, at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder, or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE 22 NON-DISCRIMINATION Section 1. The City will not discriminate against any employee covered by this agreement because of membership or non-membership in the Association or authorized activity as required in this agreement in behalf of the members of the PBA. Section 2. The PBAwill not discriminate against employees covered bythis agreement as to membership or representation with regard to terms and conditions of membership because of race, creed, color, disability, national origin, age, sex or marital status. 27 ARTICLE 23 OFF DUTY EMPLOYMENT Section 1. No member of the bargaining unit may hold outside employment unless the Employee’s written request for approval of such employment is recommended by the City Manager. The granting of such approval is expressly contingent upon the following: a. Assurance that the employee’s City position is of primary importance. bo Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and Determination as to the compatibility of the outside employment with the City employment. Whenever the outside employment is in the nature of "Security Guard" type work, as determined by the City Manager, the employee providing to the City a certificate of insurance from the proposed outside employer (or from the Employee himself if such outside employment is to be done by said employee as an independent contractor), the certificate of insurance must be approved and accepted by the City. In order to be acceptable, said certificate of insurance must prove that the employee and the City of Palm Beach Gardens are adequately insured against liability for any and all acts done by or caused by such employee while engaged in such outside employment, and that the employee and the City are adequately covered for any workers’ compensation liability arising out of such outside employment. Section 2. No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while member is on disability leave or working light duty or off duty due to a workers’ compensation injury, unless additional express approval for such outside.employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee’s physician and/or from the City Physician. ARTICLE 24 PERSONNEL RECORDS Section 1. The City agrees that all official personnel records shall be kept confidential to the extent provided by law. Section 2. The name and photograph of a bargaining unit employee may be furnished to the news media in order to announce promotions or acts of exemplary service, with the approval of the employee. Section 3. The City agrees that upon request, and appointment, a bargaining unit employee shall have the right to inspect his official personnel record. No record(s) shall be hidden from an employee’s inspection. Section 4. The City agrees that a member shall have the right to include in his official personnel record a written and signed refutation (including signedwitness statements) of any material he considers to be detrimental. Section 5. All insertions, upon approval by the Human Resources Director, into a member’s personnel file will remain a permanent part of the member’s official personnel records. 29 ARTICLE 25 PHYSICAL EXAMINATION Section 1. Bargaining unit members shall receive an annual comprehensive physical examination, including X-rays and EKG. Said examination will be performed by the City Physician or another physician so designated by the City. Additional examinations, as so directed by the City Physician, will be provided if the annual examination so indicates a condition which might leave a bargaining unit member unfit to perform his normal duties. Section 2. The City shall provide all physical examinations during a bargaining unit member’s on-duty time. 3O ARTICLE 26 PROHIBITION OF STRIKES Section 1. No ernployee, PBA officer, or agent shall instigate, promote, sponsor or engage in any strike, slow down, concerted stoppage of work, or any other intentional interruption of the operations of the employer, regardless of the reason for doing so. Any and all employees who violate any of the provision of this Article may be discharged or otherwise disciplined by the employer. Section 2. In the event of a strike, slowdown, concerted stoppage of work, or other intentional interruption of the operations of the employer, regardless of the reason for doing so, the PBA shall direct and immediate action to the fullest extent of its power and influence to bring about a cessation of such activities. If the Union fulfills in good faith all of the obligations under this section, the City agrees that the Union will not be liable for any damages resulting thereafter. - Section 3. The employee and the PBA individually and collectively, shall be liable for any damages which might be suffered by a public employer or other party affected as a result of a violation of the provisions of this Article. 3] ARTICLE 27 PROMOTIONS Section 1. When a budgeted Lieutenant’s position exists and is declared vacant by the City, appropriate notice shall be given. However, the City is not obligated to fill a vacant Lieutenant’s position. Section 2. The City will announce promotional examinations at least forty-five (45) days prior to the testing date. The City will also list the areas which the examination will cover, provide the sources from which the examination is drawn and make all such reference material available. Section 3. The City agrees to use only job related promotional examinations. Section 4. If the City promotes to the rank of Captain from within the bargaining unit, such promotion shall come from the rank of non-probationary Lieutenants. Section 5. Selections for promotion will be made from the promotion register based on the rule of three. The Chief may select any officer from the top three candidates on the register, if the selection is not made from the top three, each officer who was rated higher than the one selected will be provided a written explanation as to why he was not promoted. The City may delay a promotion with respect to any person who is the subject of an active investigation by any law enforcement agency. Section 6. All promotions shall have a probationary period of six (6) months. Section 7. The Chief of Police, with the City Manager’s approval, may extend the probationary period for up to six (6) additional months for any employee in order to further evaluate performance or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided to the employee in writing, with the reason for extension attached hereto. Section 8. The Police Chief may, at his/her discretion, demote any lieutenant during the probationary period of the promotion to lieutenant, and said demotion shall not be subject to the grievance procedure contained in this agreement. To attain regular status, the Chief of Police must notify the City Manager in writing that the Lieutenant’s performance is satisfactory and he/she is to continue in the position. Section 9. A member who does not successfully complete the probationary period will be returned to the rank of Sergeant in the pay range at which he would be had he not been promoted. 32 ARTICLE 28 SALARIES Section 1. The following salary plan memorialized by the terms of this Article shall take effect on October 1,2001 and continue through September 30, 2004: BASE SALARY RANGES: 2001/2002 2002/2003 2003/2004 Minimum $48,400 $52,272 $55,408 Maximum $66,000 $71,280 $75,557 Section 2. Effective October 1,2001, all bargaining unit members shall receive a 6% base sa!a.ry increase. Section 3. Effective October 1,2001, all lieutenants shall receive a salary increase of 0-6% based upon merit, following a performance review on their respective anniversary date each year of this Agreement. Effective October 1,2002, all lieutenants’ base salaries shall be increased by the greater of either the percentage increase then reflected in the Employment Cost Index, as reported by the U.S. Department of Labor Statistics, or by 4%. It is understood and agreed that said increases to base salaries shall be separate and apart from those increases to base salary earned pursuant to the City’s Merit Plan. Effective October 1,2003, all lieutenants’ base salaries shall be increased by the greater of either the percentage increase then reflected in the Employment Cost Index, as reported by the U.S. Department of Labor Statistics, or by 4%. It is understood and agreed that said increases to base salaries shall be separate and apart from those increases to base salary earned pursuant to the City’s Merit Plan. Members of the bargaining unit who have reached the maximum base salary shall receive merit increases in the form of a cash bonus (salary disbursement). All W-2 earnings shall be included for the purpose of pension calculations. Section 4. Any bargaining unit member assigned to the midnight shift shall receive an additional three (3) hours compensatory time per pay period. 33 ARTICLE 29 SAVINGS CLAUSE Section 1. If any article or section of this agreement should be found invalid, unlawful, or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. Section 2. In the event of invalidation of any article or section, both the City and the PBA agree to meet within thirty (30) days of such determination for the purpose arriving at a mutually satisfactory replacement for such article or section. 34 ARTICLE 30 SENIORITY Section 1. Seniority shall consist of continuous accumulated paid service with the Department and shall be computed from the time of appointment. Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other authorized leave. Section 2. The City agrees that seniority shall govern the following matters: Whenever practicable, vacations for each calendar shall be drawn by employees on the basis of seniority in rank. In the event of a lay-off for any reason, employees shall be laid off in the inverse order of their seniority. Such lay-offs will be accomplished within the established rank structure. Co Employees shall be called back from lay-off according to their seniority. Such call backs will be accomplished within the established rank structure in Section 2 - 2. Such actions will incorporate a certified letter, to the employee who will specify a thirty (30) day time limit for reply as to whether or not he wishes to be considered for his old position. In any event, no position will be held open longer than thirty (30) days after the receipt of the certified letter advising that his old position is being held for him. e.Lay-offswill follow the procedure outlined in the City’s Personnel Program. Section 3. Employees shall lose their seniority as a result of the following: ao fo Termination Retirement Resignation Unjustified absence for more than five (5) work days. Failure to report to the City Manager’s Office intention of returning to work, within thirty (30) days of receipt of recall, as verified by Certified Mail, Return Receipt. Failure to report from Military Leave within the time limits prescribed by law. 35 ARTICLE 31 SICK LEAVE Section 1. The City has the right to expect regular and dependable attendance from its employees. Sick leave is provided by the Cit~as a form of economic security, and is not to be considered a right which an employee may use for purposes other than bonafide personal illness, injury, doctor’s appointments, legal quarantine, or sickness or injury within the immediate family living in the employee’s household. Employees claiming sick leave except for the reason stated above, or claiming sick leave to the extent that the amount of absence becomes an abuse of the sick leave benefit shall be subject to disciplinary action. Section 2. A qualified regular employee shall accumulate sick leave at the rate of eight (8) hours per month during continuous service. Section 3. A maximum of eight-hundred (800) hours sick leave time may accumulated and maintained. Afterthe 800-hour maximum has been reached, sick leave will not again accumulate until the employee has been charged with sick leave. Section 4. Separation from employment of the City shall cancel all accumulated sick leave, except by retirement.or resignation in good standing after completion of five (5) years of continuous service. A retiring employee or an employee resigning in good standing after the completion of five (5) years of continuous service, shall be entitled compensation for accumulated sick leave at the rate of one (1) hour’s pay, at his current rate of pay, for each two (2) hours earned, but not taken; or computation of retirement date reduced eight (8) hours per each eight (8) hours sick leave earned, but not taken, the choice to be that of the employee. Section 5.A=Sick leave of more than three (3) consecutive regular work week days shall require a physician’s certificate if deemed necessary by the Chief of Police and/or City Manager. go An employee may be granted sick leave beyond that which they have accumulated at the discretion of, and with the approval of the City Manager when, in his opinion, such approval shall be in the best interest of the City. Section 6. Sick leave shall be used only in case of actual illness, injury and/or incapacity; to include serious illness or injury of a member of the employee’s immediate family residing in his household. 36 Section 7. An employee absent on sick leave shall inform an on-duty supervisor at least one-half hour prior to his regularly scheduled reporting time of his/her absence, the specific reason therefore, and where (phone number and address) he will be while sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. Failure to do so may be the cause for denial of sick leave with pay for the period of absence and other disciplinary action. The Chief of Police or City manager shall make such investigations and reviews as they may feel are necessary. Section 8. Sick leave shall be reported on the current payroll, and in addition, on. the form provided for Administration review and approval. Section 9. Any bargaining unit member who has accumulated sick time in excess of 84 hours as of December 1st of each year will be allowed to turn in the additional hours in excess of 84 for 50% of the value of each hour. However, the pay for sick time that is reimbursed within any one year shall not exceed 50% of 96 hours. 3"7 ARTICLE 32 SUBSTANCE USE POLICY AND TESTING See the City of Palm Beach Gardens Drug-Free Work Place policy. ARTICLE 33 TERMINATION Section 1. Any bargaining unit member who submits his resignation will be permitted to continue his employment for the one (1) week notice period or be paid for the one (1) week in lieu thereof at the disCretion of the Chief of Police. No sick leave may be paid for any employee who has given notice of resignation, except as provided in Article 31, Section 4, unless substantiated by a doctor’s statement. ARTICLE 34 TRAINING Section 1. The parties acknowledge that not all police officers require an expertise in the use of the variety of police equipment utilized in law enforcement activities and agree that other training may be initiated to provide bargaining unit members with the background to do their job in a competent manner when so determined by the Chief of Police. 40 ARTICLE 35 TRAVEL ALLOWANCE Section 1. Privately owned vehicles may be used by bargaining unit members on official City business if authorized by the Chief of Police. Whenever travel by a privately owned vehicle is authorized, the bargaining unit member shall be entitled to a mileage allowance of twenty-five (25) cents per mile. Section 2. The City shall pay the reasonable cost for meals and lodging for bargaining unit members while performing any Department directed activity overnight or outside of Palm Beach County. 41 ARTICLE 36 TUITION REIMBURSEMENT Lieutenants will receive the education reimbursement policy of the City. In the event that the City determined that there is to be a substantial benefit reduction, either party may request a re-opener of this Article. 42 ARTICLE 37 UNIFORMS AND EQUIPMENT Section 1. The City shall furnish to all bargaining unit members who are required to wear such uniforms in the performance of their duties and agrees to replace unserviceable uniforms as required. Section 2. Any uniform or related equipment initially supplied by the City, which is damaged or destroyed while an officer is acting in the performance of his official duties, shall be replaced by the City at no cost to the officer, provided the same is not the result of his negligence. Such claim of loss must be supported with reasonable proof and shall be subject to the approval of the Chief of Police or his designated representative. Section 3. The City agrees to provide a uniform and clothing allowance for bargaining unit members as follows: ao All bargaining unit members shall receive $70.00 per month for uniform maintenance. Uniformed employees shall be provided up to a maximum of five (5) shirts and five (5) pairs of pants. Uniforms and equipment lost or damaged beyond repair in the line of duty shall be replaced by the City at no cost to the employee. Replacement of uniforms loss or damaged through the employee’s negligence will be replaced by the employee, however may result in disciplinary action. Cost for repair or replacement of watches or eyeglasses damaged or destroyed while in the course of duty will be paid by the City at a cost not to exceed one hundred fifty ($150.00) dollars per like item. A bargaining unit member on leave, other than vacation or comp time for 15 or more calendar days in a calendar month, will not receive the uniform maintenance allowance for that month. Section 4. The City will provide officers with a two-way portable radio for use while away from their patrol vehicle. Section 5. A shoe allowance of ninety ($90.00) dollars per year shall be paid bargaining unit members January 1 of each year. 43 Section 6. All items provided above, including protective clothing and protective devices, remain the property of the City and are only to be used in accordance with the Departmental work rules. Upon separation, all items, other than those worn-out through normal use, must be returned (or paid for ) by the employee before their final paycheck .will be issued. Section 7. All bargaining unit members assigned to positions primarily wearing plain clothes shall receive a $900 per year clothing allowance. Said clothing allowance shall be paid in increments of $450 during the first pay period following October 1 and April 1 of each calendar year. Upon reassignment from the plain-clothes position, the clothing allowance shall cease. 44 ARTICLE 38 VACATION LEAVE Section 1. Vacation leave is a benefit, the sole purpose of which is to grant the employee time off with pay. Section 2. Eligible members of the bargaining unit, upon application to and with the approval of the Chief of Police and the City Manager, shall be granted vacation leave in compliance with and subject to the following provisions and conditions: 0 - 4 years continuous service 5 - 8 years continuous service 9 -12 years continuous service 13-16 years continuous service 17-20 years continuous service 8 hours per month 10 hours per month 12 hours per month 15 hours per month 20 hours per month Vacation time will be credited to the employee’s account, effective the first day of each month for the preceding month. Section 3. Vacation leave time may be accrued to a maximum of 240 hours. Section 4. A bargaining unit member on leave without pay for more than fifteen (15) calendar days shall not be credited with vacation leave for that period. Section 5. If the day on which an official holiday is observed, as designed in Article 15 - Holidays, of this contract, shall fall within the period of vacation leave being taken by an employee, it shall not be charged to their vacation leave. Section 6. Vacation leave shall be reported on the current ~payroll, and in addition, on the form provided for Administration review and approval. Section 7. Effective October 1, 2001, pay in lieu of vacation leave shall be authorized up to 40 hours. Such payment in exchange for vacation leave time shall be permitted only once each fiscal year. Effective October 1,2002, pay in lieu of vacation leave shall be authorized up to 80 hours. Effective October 1,2003, pay in lieu of vacation leave shall be authorized up to 80 hours. 45 Section 1. Ao go Section 2. Ao go Co D° ARTICLE 39 WORKER’S COMPENSATION AND DUTY DISABILITY LEAVE Job-Related Injury The City will carry Worker’s Compensation coverage for all employees covered by this Agreement. The City agrees to pay the premium for said coverage. When an employee is absent from duty because of an injury determined to be compensable under the provision of the Worker’s Compensation Act, he shall be entitled to full pay less any benefit under the Worker’s Compensation Act for up to the first six (6) months following the injury. However, if benefits required by state law exceed this, he shall be compensated accordingly. Non-Job Related Illness or Injury Any bargaining unit member with the City who is absent from work due to sickness or injury after fourteen (14) consecutive days is eligible for disability pay. For each separate illness or injury and upon receipt of a disability claim form completed by the treating physician, the employee will be paid at 60% of base salary for a period of up to and not to excees twenty-six (26) weeks. No more than twenty-six (26) weeks disability be paid for any one illness or injury within the one (1) year period following the date the disability began. The employee may at his choice, exhaust all sick leave before applying for disability pay. Upon request of the City Manager, a doctor’s certification must be submitted to the City every three weeks if the employee is unable to perform their normal duty in order for the employee to continue to receive sick leave or disability pay. The sickness or injury cannot be in connection with worker’s compensation, self-inflicted injury, nor related to off-duty employment. An individual requiring time off for childbearing shall be subject to the same benefits and restrictions as for any other disability. Any member receiving medical treatment over an extended period of time for an illness or injury may be required to provide a physician’s written diagnosis, prognosis, approximate date of recovery, and statement that the employee is physically fit to perform the job duties required in the capacity for which he is currently employed. 46 Section 3. When so directed by the City, any employee out of work under the provision of this article shall present himself for a medical examination. The City will bear the full expense of said examination. The failure of such employee to present himself for an exarnination as directed will operate to automatically terminate any payments under this Article. Section 4. Any employee who is able to work after an illness or injury shall be reinstated to his former job, provided he is physically qualified to perform all of the duties and responsibilities of his previous position. Such statement shall be certified by a medical doctor prior to the employee returning to work. If he is unable to assume his former responsibilities, the employee shall have first preference to fill another Department position, if a vacancy occurs, and the employee qualifies for such position. Section 5. The employee shall be subject to termination after completion of 26 weeks of disability or Worker’s Compensation. The determination shall be-at the discretion of the Chief of Police and confirmed by the City Manager. 4"7 ARTICLE 40 WORKWEEK AND OVERTIME Section 1. It is hereby agreed that no bargaining unit member shall be required to remain on duty for more than forty (40) hours in any calendar week unless extra hours duty are deemed necessary by the Chief of Police and additional compensation shall be paid at the rate of one-and one-half (1.5) times the employee’s regular rate of pay. Bargaining unit member may elect compensatory time off in lieu of compensation at the rate of one and one-half (1.5) hours for each hour overtime worked, subject to a maximum accrual of one-hundred-twenty (120) hours compensatory time. Section 2. Bargaining unit members will work a forty (40) hour work week. The City will establish the hours of work best suited to meet the needs of the department to provide superior service to the community. Section 3. Overtime pay when so granted will normally be contained in the bargaining unit member’s next: regular paycheck following the time worked. Compensatory time will be requested in advance and approved in the same manner as vacation leave. Section 4. The City will establish the hours or work best suited to meet the needs of the department to provide superior service to the community, but agrees that work schedules will not intentionally be changed or altered to avoid the payment of overtime. Section 5. Whenevera shift rotation occurs, no bargaining unit employee shall be forced to work a continuous shift. Bargaining unit employees rotating from the evening or midnight shifts will be entitled to at least eight (8) hours of off-duty before returning to work. Section 6. Bargaining unit members will be given adequate notice of any change in their regular shift except where an emergency exists. Bargaining unit members required to work beyond their regular duty hours during a riot, hurricane, or emergency condition will receive either compensatory time or overtime according to the FLSA. Section 7. The City agrees that bargaining unit members shall be compensated for off- duty training at the regular hourly rate when required by the Chief of Police to attend training. Actual hours spent on off-duty training will be counted toward the accumulation of hours under the FLSA. Section 8. The City recognizes that unusual circumstances may require that a bargaining unit member may find it necessary to request a change of his scheduled shift. Approval shall rest with the Chief of Police or his designated representative. Section 9. Compensation for overtime work in excess of 40 hours per week, excluding sick leave, shall be at the rate of one and one-half (1.5) the employee’s regular rate of pay. 48 SIGNATURE PAGE In WITNESS WHEREOF, the parties have executed this agreement on the of ,2002. day FOR THE CITY OF PALM BEACH GARDENS FOR THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Ron Ferris, City Manager Ernest W. George, President Joseph R. Russo, Mayor PBA Representative Ratified by the City of Palm Beach Gardens day of ,2002. Ratified by the PBA on the day of .,2002. Confirmed by:Confirmed by: Joseph R. Russo, Mayor Carol Gold, City Clerk Ernest W. George, President 49 CITY OF PALM BEACH GARDENS CITY, COUNCIL Agenda Cover Memorandum Date Prepared: January 28, 2002 Meeting Date: February 7, 2001 Subject/Agenda Item: Consideration of Resolution 20, 2002, approving two agreements for the creation, delivery and installation of sculptures for the City’s Municipal Complex and authorizing the Mayor and City Clerk to execute said agreements. Recommendation: Approval of Resolution 20, 2002 Reviewed by: City Attorney Submitted by: City Attorney Originating Dept: City Attorney Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memorandum Resolution 2, 2002 Agreements M E M O R A N D U M WA-I-I-ERSON, HYLAND & KLETI-, P.A. To: From: Subject: Date: CC: Hon. Mayor and City Council Leonard G. Rubin, City Attorney Resolution 20, 2002 (Artist Agreements) January 28,2002 Ron Ferris, City Manager The Municipal Complex Art Advisory Task Force ("Task Force") and Joel Straus, the City’sArt Consultant, have been coordinating the creation and installation of two sculptures for the City’s Municipal Complex. The City Council previously approved two agreements providing for the creation of schematic proposals by two artists, Costas Varotsos and Tim Prentice. The Task Force has reviewed the two proposals and has recommended that the City enter into formal agreements with the two artists for the creation, delivery and installation of the sculptures. The Task Force will be presenting the designs to the City Council. The following is a summary of the proposed agreements. Costas Varotsos Mr. Varotsos has designed a sculpture to be placed where the walkway into the City Hall plaza meets Military Trail. Underthe terms of the agreement, the Citywill be paying Mr. Varotsos a fee equal to $75,000 (in three installments), in addition to reimbursing him for certain costs (including materials, foundation and installation costs) in an amount not exceed $90,500, for a total cost of $165,500. Please note that the contract amount does not include the cost of lighting the sculpture. Mr. Varotsos will be providing lighting plans and cost estimates to the City at the time he submits detailed plans and specifications. Tim Prentice Mr. Prentice has designed certain sculptural elements to be housed in the City Hall atrium, above the main lobby. Under the terms of the agreement, the City will be paying Mr. Prentice a total fee of $60,000 (in three installments). This fee includes the cost of all materials. Hon. Mayor and City Council January 28, 2002 Page 2 Both agreements require certain warranties from the artist and place the risk of any loss on the artist until final acceptance by the City. Each artist must procure a life and disability insurance policy to reimburse the City for all amounts paid to the artist in the event of death or disability. While the artist retains all copyrights, the City is granted certain reproduction rights to be used for non-commercial purposes. These agreements presuppose the City Council’s approval of the schematic proposals submitted bythe artists. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\HISTORY\020115A\446.8C(319.055)121 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 20, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING TWO AGREEMENTS FOR THE CREATION, DELIVERY AND INSTALLATION OF SCULPTURES FOR THE CITY’S MUNICIPAL COMPLEX AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, working in conjunction with Joel Straus Consulting, the City’s Art Consultant, the Municipal Complex Art Task Force ("Task Force") selected two artists create schematic proposals for the Municipal Complex; and WHEREAS, pursuant to two agreements previously approved by the City Council, each artist created a schematic proposal for consideration by the Task Force; and WHEREAS, the Task Force has reviewed and approved the schematic proposals and has recommended that the City enter into formal agreements with each artist for the creation, delivery and installation of the sculptural elements; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to execute the two Agreements recommended by the Task Force. 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: rhe City Council hereby approves the Agreements with Tim Prentice and Costas Varotsos for the creation, delivery and installation of two sculptures for the City’s Municipal Complex, attached hereto as Exhibit "A" and incorporated herein by this reference. The Council further authorizes the Mayor and City Clerk to execute such Agreements on behalf of the City. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- SECTION 4: If any clause, section, other part or application of this Resolution is held by any court oI~ 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. 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 MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- AGREEMENT THIS AGREEMENT is made and entered by and between the City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 33410 ("City") and Costas Varotsos, c/o C. Grimaldis Gallery, 523 North Charles Street, Baltimore, MD 21201 ("Artist") for the design, fabrication, and installation of outdoor Sculptural Elements ("Sculpture") to be housed on City Hall grounds, located at 10500 North Military Trail within the City ("Site"). WITNESSETH: WHEREAS, Artist completed the Schematic Proposal pursuant to the Agreement for Schematic Proposal effective September 13, 2001, a copy of which is attached hereto as Exhibit "A;" and WHEREAS, on December 17, 2001, the City’s Municipal Complex Art Task Force accepted the Schematic Proposal of the Artist on behalf of the City; and WHEREAS, the parties wish to enter into this Agreement for the Phase 2: Design Development Fabrication, and Phase 3: Shipping and Installation of the Sculpture. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained the parties agree as follows: Article 1. SCOPE- OF PROJECT 1.1 Phase 2: Design Development. The Artist shall perform all services and furnish all supplies, material and equipment as necessary for the design, execution, fabrication, transportation and installation of the Sculpture at the Site. 1.1.1 Structural and Design Review. On or before sixty (60) days after the execution of the Agreement, the Artist shall prepare and submit to the City for review Construction Documents, which shall include a site plan that complies with all required setbacks and other City code requirements (CD), in addition to detailed specifications and drawings of the Sculpture, including the foundation, by a structural engineer licensed in the State of Florida. The detailed working plans, specifications, and drawings shall include a demolition plan detailing any changes to the current landscape plan. Artist shall include in the design any lighting plans or specifications (e.g., fiber optics), including a cost estimate for the lighting plans. Instructions for the appropriate maintenance and preservation of Sculpture shall be submitted with the Construction Documents. On or before fourteen (14) days after receipt of the CD, the City shall review the working plans, specifications, and drawings of the Sculpture and advise the Artist in writing whether said plans, -1- specifications, and drawings, including the lighting plans and the cost thereof, are acceptable to the City as submitted. If the Construction Documents, specifications, and drawings, or any part thereof are not acceptable to the City, the City shall so advise the Artist in writing. Thereafter, the Artist shall revise the detailed working plans, specifications, and drawings so as to meet the criteria of the City, who, acting in good faith, shall promptly review the revised detailed documents. Artist shall also produce and submit to the City such additional relevant information, graphic, non-graphic, and/or descriptive of the Sculpture and/or the Site as is reasonably requested by the City. 1.1.2 Execution of the Sculpture. After the City accepts and approves the detailed Construction Documents, specifications, and drawings of the Sculpture and Site, Artist shall furnish to the City in writing a proposed schedule for fabricating, transporting, and installing the Sculpture. The City shall advise Artist in writing if said proposed schedule is acceptable within seven (7) days after receiving the proposed schedule. If the proposed schedule is not acceptable to the City, Artist and the City shall discuss the City’s objection(s) to the proposed schedule, and the proposed schedule shall be revised so that it is acceptable to the City. The City’s acceptance of the proposed schedule shall be in writing and shall be made in good faith. After written acceptance of the schedule by the City, the schedule may only be amended by written agreement between Artist and the City. Upon receipt of the City’s written acceptance of the schedule for fabricating the Sculpture, Artist shall fabricate the Sculpture pursuant to the agreed upon schedule and in conformity with the plans, specifications, and drawings that were accepted and approved by the City. Artist shall not materially deviate from the plans, specifications, and drawings that were accepted and approved by the City without the prior written authorization from the City. During the fabrication of the Sculpture, the City and any representatives thereof shall have the right to inspect the Sculpture at reasonable times. 1.2 Phase 3: Defivery and Installation. The Artist shall notify the City in writing forty-five (45) days prior to the time the Sculpture is completed and is ready for delivery and installation at the Site. The City or one of its representatives, at the City’s discretion, shall upon reasonable notice to the Artist inspect the Sculpture before delivery to the Site. Upon written acceptance by the City, the Artist shall coordinate, deliver and install the Sculpture on site, including the construction of the foundation for the Sculpture. -2- 1.3 Post-Installation. The Artist shall be available upon reasonable notice, at such time or times as may be agreed upon by the City and Artist to attend any inauguration or presentation ceremonies relating to the Sculpture at the Site, not to exceed two (2) days. 1.4 Final Acceptance. Within seven (7) days after the Sculpture is installed at the Site, the City shall advise Artist in writing whether the Sculpture as installed is acceptable. "Final Acceptance" of the Sculpture by the City shall occur when the City advises Artist in writing that the Sculpture is acceptable. Title to the Sculpture shall pass from Artist to the City, subject to the provisions of Articles 6 and 7 herein, when the City notifies Artist that the Sculpture is acceptable. 1.5 The Ownership of Documents, Models. Upon Final Acceptance of the Sculpture by the City, the Artist shall grant to the City title to the Schematic Proposal, models, drawings, digital images, and video. Article 2. COMPENSATION AND PAYMENT SCHEDULE. 2.1 The City shall pay to Artist a fee in the amount of $75,000, inclusive of any gallery commission. This Artist fee shall be payable as follows: 2.1.1 Preliminary Design Proposal The City has paid the Artist an initial fee of $3,000 for Phase 1: Schematic Proposal. This initial fee may be retained by the Artist and no part of it shall be refunded. 2.1.2 Phase ,2: Design Development. Upon written acceptance and approval by the City of the detailed plans, specifications, and drawings, the City shall pay the Artist the sum of $25,000.00, less the $3,000.00 previously paid, for a total of $22,000.00. All payments are to be made within 30 days from receipt of invoice. 2.1.3 Execution of the Sculpture. The City shall pay Artist $25,000.00 after Artist has completed the fabrication of the Sculpture in conformity with the detailed plans, specifications, and drawings approved by the City, and the Sculpture is ready to transport to the Site for installation. 2.1.4 Phase 3: Shipment and Installation. The City shall pay Artist a final payment of $25,000 when it advises Artist that the Sculpture as installed at the Site is acceptable. 2.2 The City shall reimburse Artist for all costs incurred in Design Development, Execution, and Delivery and Installation in a total amount not to exceed $90,500 (excluding the cost of lighting the Sculpture as provided in section 2.2.4). -3- 2.3 2.4 2.5 Article 3.1 2.2.1 Reimbursable costs shall include the cost of materials (glass, steel and paint), in addition to engineering fees, the cost of constructing the foundation, and the cost of installation. 2.2.2 Artist shall obtain at least two documented bids for all reimbursable costs. The City may waive this requirement if Artist can demonstrate that the necessary materials or services are only available from a sole source. 2.2.3 The City shall reimburse Artist for the costs outlined in this section upon submission of detailed invoices substantiating such costs, along with written documentation that Artist received more than one bid, unless such requirement has been waived by the City. Such requests for reimbursement shall be submitted with invoices for payment of the Artists fee as detailed in section 2.1 above. Notwithstanding the foregoing, the City shall pay Artist the surn of $30,000 toward his reimbursable costs upon approval of the Construction Documents and the detailed plans, specifications and drawings. 2.2.4 The cost of light the Sculpture shall be considered a reimbursable cost, but is not included in the maximum cost figure set forth in section 2.2. All lighting costs shall be reviewed and accepted by the City as provided in section 1.1.1. Once agreed upon by the City and the Artist, lighting costs shall be treated in the same manner as all other reimbursable costs. Taxes. Any and all taxes, including but not limited to, sales, use, or excise taxes, and any and all similar charges relating to the Sculpture and any services and materials provided by Artist shall be paid by the Artist. The City, being a tax-exempt entity, shall not pay any sales tax incurred by the Artist. Artist’s Expenses. The Artist shall be solely responsible for the payment of expenses incurred in making submissions to the City and all travel expenses incurred by the Artist and the Artist’s agents and employees in performing the services required under this Agreement. Artist’s Agent. C. Grimaldis Gallery shall act as Agent for the Artist with respect to all payments made by the City. Payment to the Artist’s agent shall be considered payment to the Artist pursuant to the terms of this Agreement. 3.TIME OF PERFORMANCE. Early Completion of Artist Services. The Artist shall be solely responsible for any and all transportation and storage costs resulting from the completion of his services hereunder prior to the time agreed upon for installation of the Sculpture. -4- Article 4. WARRANTIES. 4.1 Warranties of Title. The Artist represents and warrants that: (a) the Sculpture solely the result of the artistic effort of the Artist; (b) the Sculpture is unique and original and does not infringe upon any patents or copyrights; (c) that the Sculpture, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Sculpture is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition. The Artist represents and warrants that: (a) the execution and fabrication of the Sculpture will be performed in a professional manner; (b) the Sculpture, as fabricated and installed will be free of defects material and workmanship, including any defects consisting of "inherent vice", qualities which cause or accelerate deterioration of the Sculpture, or gross negligence in the material structure or installation methods of the Sculpture; and (c) maintenance of the Sculpture will not require procedures other than those described in the detailed plans, specifications, and drawings that were accepted and approved by the City. Article 5. RISK OF LOSS, INSURANCE AND INDEMNITY. 5.1 Risk of loss. The Risk of Loss or damage by any cause or any reason to the Sculpture shall be borne by the Artist until Final Acceptance and the Artist shall take steps such as is necessary to protect the Sculpture from loss or damage until Final Acceptance. 5.2 Artist’s Life Insurance and Disability. From the date of this Agreement until final installation, the Artist shall at his expense carry life and disability insurance in favor of the City (and deliver evidence of such coverage to the City) in such an amount as shall be sufficient to reimburse the City for the actual amounts paid to the Artist from time to time prior to his death or disability. 5.3 The City’s Responsibility. The City’s acceptance of responsibility for the Sculpture shall occur concurrently with the City’s Final Acceptance of the Sculpture pursuant to Paragraph 1.4. Notwithstanding the foregoing, the City’s responsibility shall not include that which is warranted by the Artist in Paragraph 4.2 and shall not be deemed to be a waiver of the warranties provided therein. 5.4 Artist Indemnity. The Artist shall indemnify, protect, and save harmless the City, and all of its respective members, agents, officials, and employees from and against all injuries, deaths, loss, damages, claims, patents claims, suits, judgments, costs and expenses, including attorney’s fees, which may in any way accrue against said entity or individuals, including any damage to property or buildings, relating to the work to be performed, or being performed, pursuant to this Agreement. -5- Article 6.1 6.2 6.3 Article 7.1 7.2 7.3 6.REPRODUCTION RIGHTS. General The Artist retains all rights under the U.S. Copyright Act, 17 U.S.C. 101 et seq., as amended, and all other rights in and to the Sculpture except ownership and possession and except as such rights are limited by this Section 6.1. In view of the intention that the Sculpture in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, [three]- dimensional reproductions of the final Sculpture, nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns an irrevocable and royalty free license to make two-dimensional reproductions of the Sculpture for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications. Notice. All reproductions of the Sculpture by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: © ARTIST NAME, date of publication. Credit to City. The Artist shall use his best efforts to give a credit reading substantially, "work owned and commissioned by the City of Palm Beach Gardens," in any public showing under the Artist’s control of reproductions of the Sculpture. 7.ARTIST’S RIGHTS. Identification. The Artist shall, at its expense, prepare and install at the Site, pursuant to the written instructions and prior written approval of the City, a plaque identifying the Artist, the title of the Sculpture and the year of completion. Maintenance. The City recognizes that maintenance of the Sculpture on a regular basis is essential to the integrity of the Sculpture. The City shall reasonably assure that the Sculpture is properly maintained and protected as specified in the detailed working plans, specifications, and drawings accepted and approved by the City. The Artist represents that the Sculpture has been designed, fabricated, and installed to accommodate the routine annual cost of the Maintenance as set forth in the detailed working plans, specifications and drawings. Repairs and Restoration. 7.3.1 The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Sculpture will be made. During the Artist’s lifetime and competency, the Artist shall have the right to approve all repairs and restorations, provided, however, that the Artist shall not unreasonably withhold approval for any repair or restoration of the Sculpture. If the Artist unreasonably fails to -6- approve any repair or restoration of the Sculpture, the City shall have the right to make such repair or restoration. At the City’s discretion and to the extent practical, the Artist, during the Artist’s lifetime and competence, shall be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist shall agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist’s fee for such services. 7.3.2 All repairs and restorations shall be made in accordance with recognized principles of conservation. 7.3.3 If work is required due to breach of warranties by the Artist, the Artist shall correct same, at his expense. 7.4 Permanent Record. The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Sculpture. 7.5 Artist’s Address. The Artist shall notify the City of changes in his address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed to be a waiver by the Artist of the right subsequently to enforce those provisions in this Agreement that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist’s rights. 7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall be binding upon and inure to the benefit of the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City’s obligations attach and run with the Sculpture and shall be binding to and until five (5) years after the death of the Artist. However, the obligations imposed upon the City by Section 7.3.1 shall terminate on the death or incompetence of the Artist. The City shall give any subsequent owner of the Sculpture notice in writing of the covenants herein, and shall cause each such owner to be bound thereby. Article 8. ARTIST AS INDEPENDENT CONTRACTOR. 8.1 The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City and shall indemnify and hold the City, and all of its respective members, agents, officers, and employees harmless from any loss, damage, and expenses, including attorney’s fees, arising from any claim by any person or entity that the Artist did not act as an Independent Contractor. -7- Article 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING. 9.1 Assignment or Transfer of Interest. Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other. Article 10. TERMINATION. 10.1 If either party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. 10.2 In the event of default by the City, the City shall promptly compensate the Artist for services performed by the Artist prior to termination. In the event the City questions the reasonableness of the cost of services performed, Mr. Joel Straus (J.S. Consulting, 1404 West Thorndale, Chicago, IL 60660) will determine "reasonable costs" which shall be paid. 10.3 In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s option become its property provided that no right to fabricate or execute the Sculpture shall pass to the City. The Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time the exact amount of such damages due the City from the Artist is determined. Article 11. CONTRACT ADMINISTRATOR. 11.1 The Contract Administrator for this Agreement shall be the City Manager. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Manager shall represent and act for the City. Article 12. COMPLIANCE. 12.1 The Artist shall be required to comply with Federal, State and City law, statutes, ordinances and regulations applicable to the performance of the Artist’s obligation under this Agreement. -8- Article 13. ENTIRE AGREEMENT - AGREEMENT WITH THE CITY. 13.1 This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 14. MODIFICATION. 14.1 No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by all parties hereto and approved by appropriate action of the City. Article 15. WAIVER. 15.1 No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants or conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. Article 16. GOVERNING LAW. 16.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the substantive laws of the State of Florida. Article 17. HEIRS AND ASSIGNS. 17.1 This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representatives, successors and permitted assigns. Article 18. ARBITF~,TION. 18.1 All disputes or controversies that may arise between the parties with respect to the performance, obligations or rights of the parties under this Agreement shall be settled by binding arbitration to be held in Palm Beach County, Florida, in accordance with the then current Rules of Commercial Arbitration of the American Arbitration Association. 18.2 The dispute shall be referred to a panel of three arbitrators, one to be selected by the Artist, one to be selected by the City and the third to be selected by the first two. If an agreement on the third arbitrator cannot be reached within thirty (30) days after the appointment of the second arbitrator, such arbitrator shall be appointed by Joel Straus. -9- 18.3 The decision and award of the arbitrators, or that of any two of them, shall be final and binding on the parties, and judgment may be entered upon it in any court having jurisdiction thereof. Article 19. NOTICES. 19.1 All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery, if delivered personally, or if sent US Postal Service by placing into a US Postal Service Depository and sent by registered or certified mail, return receipt requested, postage prepaid as follows: If to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Ronald Ferris, City Manager Copy to: Leonard G. Rubin, City Attorney Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, Florida 33410 If to the Artist: Costas Varotsos Koritsas 42 Athens 17455 GREECE Copy to: Artist’s Agent C. Grimaldis Gallery 523 N. Charles Street Baltimore, Maryland 21201 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. [Remainder of page intentionally left blank - signatures on next page] -10- Attest: Carol Gold, City Clerk Approved as to Form: Leonard G. Rubin, City Attorney Witnessed by: P:\CPWin\H ISTORY~020115A\43F.DC(319.062)lgr-doc192 CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Joseph R. Russo, Mayor Date: ARTIST: Costas Varotsos Date: -11- AGREEMENT THIS AGREEMENT is made and entered by and between the City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 33410 ("City") and Tim Prentice, 129 Lake Road, Cornwall, CT 06796 ("Artist") for the design, fabrication, and installation of Sculptural Elements ("Sculpture") to be housed in the City Hall atrium, located at 10500 North Military Trail within the City ("Site"). WITNESSETH: WHEREAS, Artist completed the Schematic Proposal pursuant to the Agreement for Schematic Proposal effective September 13, 2001, a copy of which is attached hereto as Exhibit "A;" and WHEREAS, on December 17, 2001, the City’s Municipal Complex Art Task Force accepted the Schematic Proposal of the Artist on behalf of the City; and WHEREAS, the parties wish to enter into this Agreement for the Phase 2: Design Development Fabrication, and Phase 3: Shipping and Installation of the Sculpture. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained the parties agree as follows: Article 1. SCOPE OF PROJECT 1.1 Phase 2: Design Development. The Artist shall perform all services and furnish all supplies, material and equipment as necessary for the design, execution, fabrication, transportation and installation of the Sculpture at the Site. 1.11 Structural and Design Review. On or before sixty (60) days after the execution of this Agreement, the Artist shall prepare and submit to the City for review, detailed working plans, specifications, and drawings of the Sculpture. The detailed working plans, specifications, and drawings shall include instructions for the appropriate maintenance and preservation of Sculpture. On or before fourteen (14) days after receipt of the detailed working plans, specifications, and drawings, the City shall review same and advise the Artist in writing whether said plans, specifications, and drawings are acceptable to the City as submitted. If the detailed working plans, specifications, and drawings, or any part thereof are not acceptable to the City, the City shall so advise the Artist in writing. Thereafter, the Artist shall revise the detailed working plans, specifications, and drawings so as to meet the criteria of the City, who, acting in good faith, shall promptly review the revised detailed documents. -1- Artist shall also produce and submit to the City such additional relevant information, graphic, non-graphic, and/or descriptive of the Sculpture and/or the Site as is reasonably requested by the City. 1.12 Execution of the Sculpture. After the City accepts and approves the detailed working plans, specifications, and drawings of the Sculpture and Site, Artist shall furnish to the City in writing a proposed schedule for fabricating, transporting, and installing the Sculpture. The City shall advise Artist in writing if said proposed schedule is acceptable within seven (7) days after receiving the proposed schedule. If the proposed schedule is not acceptable to the City, Artist and the City shall discuss the City’s objection(s) to the proposed schedule, and the proposed schedule shall be revised so that it is acceptable to the City. The City’s acceptance of the proposed schedule shall be in writing and shall be made in good faith. After written acceptance of the schedule by the City, the schedule may only be amended by written agreement between Artist and the City. Upon receipt of the City’s written acceptance of the schedule for fabricating and installing the Sculpture, Artist shall fabricate, transport, and install the Sculpture pursuant to the agreed upon schedule and in conformity with the plans, specifications, and drawings that were accepted and approved by the City. Artist shall not materially deviate from the plans, specifications, and drawings that were accepted and approved by the City without the prior written authorization from the City. During the fabrication of the Sculpture, the City and any representatives thereof shall have the right to inspect the Sculpture at reasonable times. 1.2 Phase 3: Defivery and Installation. The Artist shall notify the City in writing forty-five (45) days prior to the time the Sculpture is completed and is ready for delivery and installation at the Site. The City or one of its representatives, at the City’s discretion, shall, upon reasonable notice to the Artist, inspect the Sculpture before delivery to the Site. Upon written acceptance by the City, the Artist shall coordinate, deliver and install the Sculpture on the Site. The Artist is responsible for providing all equipment necessary for installation, including, but not limited to, lifts and scaffolds, and shall be responsible for all connections to the existing structure or materials and any repairs to the structure or exposed materials caused by the Artist during installation. The City shall be responsible for any additional lighting necessary for the proper display of the Sculpture 1.3 Post-Installation. The Artist shall be available upon reasonable notice, at such time or times as may be agreed upon by the City and Artist to attend any inauguration -2- 1.4 1.5 Article 2.1 2.2 2.3 2.4 2.5 2.6 2.7 or presentation ceremonies relating to the Sculpture at the Site, not to exceed two (2) days. FinalAcceptance. Within seven (7) days after the Sculpture is installed at the Site, the City shall advise Artist in writing whether the Sculpture as installed is acceptable. "Final Acceptance" of the Sculpture by the City shall occur when the City advises Artist in writing that the Sculpture is acceptable. Title to the Sculpture shall pass frorn Artist to the City, subject to the provisions of Articles 6 and 7 herein, when the City notifies Artist that the Sculpture is acceptable. The Ownership of Documents, Models. Upon written acceptance of the Sculpture by the City, the Artist shall grant to the City title to the Schematic Proposal, models, drawings, digital images, and video. 2.COMPENSATION AND PAYMENT SCHEDULE. The payments to the Artist by the City shall be as follows: Preliminary Design Proposal The City has paid the Artist an initial fee of $3,000 for Phase 1: Schematic Proposal. This initial fee may be retained by the Artist and no part of it shall be refunded. Phase 2: Design Development. Upon written acceptance and approval by the City of the detailed plans, specifications, and drawings, the City shall pay the Artist the sum of $20,000.00, less the $3,000.00 previously paid, for a total of $17,000.00. All payments are to be made within 30 days from receipt of invoice. Execution of the Sculpture. The City shall pay Artist $20,000.00 after Artist has completed the fabrication of the Sculpture in conformity with the detailed plans, specifications, and drawings approved by the City, and the Sculpture is ready to transport to the Site for installation. Phase 3: Shipment and Installation. The City shall pay Artist a final payment of $20,000 when it advises Artist that the Sculpture as installed at the Site is acceptable. Taxes. Any and all taxes, including but not limited to, sales, use, or excise taxes, and any and all similar charges relating to the Sculpture and any services and materials provided by Artist shall be paid by the Artist. Artist’s Expenses. The Artist shall be solely responsible for the payment of expenses incurred in making submissions to the City, the costs of transporting the Sculpture to the Site, and all travel expenses incurred by the Artist and the Artist’s agents and employees in performing the services required under this Agreement. -3- Article 3. TIME OF PERFORMANCE. 3.1 Early Completion of Artist Services. The Artist shall be solely responsible for any and all transportation and storage costs resulting from the completion of his services hereunder prior to the time agreed upon for installation of the Sculpture. Article 4. WARRANTIES. 4.1 Warranties of Title. The Artist represents and warrants that: (a) the .Sculpture solely the result of the artistic effort of the Artist; (b) the Sculpture is unique and original and does not infringe upon any copyright; (c) that the Sculpture, or duplicate thereof, has not been accepted for sale elsewhere; and (d) the Sculpture is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition. The Artist represents and warrants that: (a) the execution and fabrication of the Sculpture will be performed in a professional manner; (b) the Sculpture, as fabricated and installed will be free of defects material and workmanship, including any defects consisting of "inherent vice", qualities which cause or accelerate deterioration of the Sculpture, or gross negligence in the material structure or installation methods of the Sculpture; and (c) maintenance of the Sculpture will not require procedures other than those described in the detailed plans, specifications, and drawings that were accepted and approved by the City. Article 5. RISK OF LOSS, INSURANCE AND INDEMNITY. 5.1 Risk of loss. The Risk of Loss or damage by any cause or any reason to the Sculpture shall be borne by the Artist until Final Acceptance and the Artist shall take steps such as is necessary to protect the Sculpture from loss or damage until Final Acceptance. 5.2 Artist’s Life Insurance and Disability. From the date of this Agreement until final installation, the Artist shall at his expense carry life and disability insurance in favor of the City (and deliver evidence of such coverage to the City) in such an amount as shall be sufficient to reimburse the City for the actual amounts paid to the Artist from time to time prior to his death or disability. 5.3 The City’s Responsibility. The City’s acceptance of responsibility for the Sculpture shall occur concurrently with the City’s Final Acceptance of the Sculpture pursuant to Paragraph 1.4. Notwithstanding the foregoing, the City’s responsibility shall not include that which is warranted by the Artist in Paragraph 4.2 and shall not be deemed to be a waiver of the warranties provided therein.. 5.4 Artist Indemnity. The Artist shall indemnify, protect, and save harmless the City, and all of its respective members, agents, officials, and employees from and against -4- all injuries, deaths, loss, damages, claims, patents claims, suits, judgements, costs and expenses, including attorney’s fees, which may in any way accrue against said entity or individuals relating to the work to be performed, or being performed, pursuant to this Agreement. Article 6. REPRODUCTION RIGHTS. 6.1 General The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. 101 et seq., and all other rights in and to the Sculpture except ownership and possession arid except as such rights are limited by this Section 6.1. In view of the intention that the Sculpture in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, [three]- dimensional reproductions of the final Sculpture, nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns an irrevocable and royalty free license to make two-dimensional reproductions of the Sculpture for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications. 6.2 Notice. All reproductions of the Sculpture by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: © ARTIST NAME, date of publication. 6.3 Credit to City. The Artist shall use his best efforts to give a credit reading substantially, "work owned and commissioned by the City of Palm Beach Gardens," in any public showing under the Artist’s control of reproductions of the Sculpture. Article 7. ARTIST’S RIGHTS. 7.1 Identification. The Artist shall, at its expense, prepare and install at the Site, pursuant to the written instructions and prior written approval of the City, a plaque identifying the Artist, the title of the Sculpture and the year of completion. 7.2 Maintenance. The City recognizes that maintenance of the Sculpture on a regular basis is essential to the integrity of the Sculpture. The City shall reasonably assure that the Sculpture is properly maintained and protected as specified in the detailed working plans, specifications, and drawings accepted and approved by the City. The Artist represents that the Sculpture has been designed, fabricated, and installed to accommodate the routine annual cost of the Maintenance as set forth in the detailed working plans, specifications and drawings. 7.3 Repairs and Restoration. -5- 7.3.1 The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Sculpture will be made. During the Artist’s lifetime and competency, the Artist shall have the right to approve all repairs and restorations, provided, however, that the Artist shall not unreasonably withhold approval for any repair or restoration of the Sculpture. If the Artist unreasonably fails to approve any repair or restoration of the Sculpture, the City shall have the right to make such repair or restoration. To the extent practical, the Artist, during the Artist’s lifetime and competence, shall be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist shall agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist’s fee for such services. 7.3.2 All repairs and restorations shall be made in accordance with recognized principles of conservation. 7.3.3 If work is required due to breach of warranties by the Artist, the Artist shall correct same, at his expense. 7.4 Permanent Record. The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Sculpture. 7.5 Artist’s Address. The Artist shall notify the City of changes in his address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed to be a waiver by the Artist of the right subsequently to enforce those provisions in this Agreement that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist’s rights. 7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall be binding upon and inure to the benefit of the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City’s obligations attach and run with the Sculpture and shall be binding to and until five (5) years after the death of the Artist. However, the obligations imposed upon the City by Section 7.3.1 shall terminate on the death or incompetence of the Artist. The City shall give any subsequent owner of the Sculpture notice in writing of the covenants herein, and shall cause each such owner to be bound thereby. Article 8. ARTIST AS INDEPENDENT CONTRACTOR. 8.1 The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City and shall indemnify and hold the City, and all of its respective members, agents, officers, and employees harmless -6- from any loss, damage, and expenses, including attorney’s fees, arising from any claim by any person or entity that the Artist did not act as an Independent Contractor. Article 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING. 9.1 Assignment or Transfer of Interest. Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other. -7- Article 10. TERMINATION. 10.1 If either party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. 10.2 In the event of default by the City, the City shall promptly compensate the Artist for services performed by the Artist prior to termination. In the event the City questions the reasonableness of the cost of services performed, Mr. Joel Straus (J.S. Consulting, 1404 West Thorndale, Chicago, IL 60660) will determine "reasonable costs" which shall be paid. 10.3 In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s option become its property provided that no right to fabricate or execute the Sculpture shall pass to the City. The Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time the exact amount of such damages due the City from the Artist is determined. Article 11. CONTRACT ADMINISTRATOR. 11.1 The Contract Administrator for this Agreement shall be the City Manager. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Manager shall represent and act for the City. Article 12. COMPLIANCE. 12.1 The Artist shall be required to comply with Federal, State and City law, statutes, ordinances and regulations applicable to the performance of the Artist’s obligation under this Agreement. Article 13. ENTIRE AGREEMENT - AGREEMENT WITH THE CITY. 13.1 This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. -8- Article 14. MODIFICATION. 14.1 No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by all parties hereto and approved by appropriate action of the City. Article 15. WAIVER. 15.1 No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants or conditions of this Agreement. [he payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. Article 16. GOVERNING LAW. 16.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the substantive laws of the State of Florida. Article 17. HEIRS AND ASSIGNS. 17.1 This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representatives, successors and permitted assigns. Article 18. ARBITRATION. 18.1 All disputes or controversies that may arise between the parties with respect to the performance, obligations or rights of the parties under this Agreement shall be settled by binding arbitration to be held in Palm Beach County, Florida, in accordance with the then current Rules of Commercial Arbitration of the American Arbitration Association. 18.2 The dispute shall be referred to a panel of three arbitrators, one to be selected by the Artist, one to be selected by the City and the third to be selected by the first two. If an agreement on the third arbitrator cannot be reached within thirty (30) days after the appointment of the second arbitrator, such arbitrator shall be appointed by Joel Straus. 18.3 The decision and award of the arbitrators, or that of any two of them, shall be final and binding on the parties, and judgment may be entered upon it in any court having jurisdiction thereof. -9- Article 19. NOTICES. 19.1 All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery, if delivered personally, or if sent US Postal Service by placing into a US Postal Service Depository and sent by registered or certified mail, return receipt requested, postage prepaid as follows: If to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Ronald Ferris, City Manager Copy to: Leonard G. Rubin, City Attorney Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, Florida 33410 If to the Artist: Tim Prentice 129 Lake Road Cornwall, Connecticut 06796 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. [Remainder of page intentionally left blank -signatures on next page] -10- Attest: Carol Gold, City Clerk Approved as to Form: Leonard G. Rubin, City Attorney Witnessed by: P:\CPWin\HISTORY~011106A\43F.C0(319.062)lgr-doc192 CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Joseph R. Russo, Mayor Date: ARTIST: Tim Prentice Date: -11- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 28, 2002 Meeting Date: February 7, 2002 Subject/Agenda Item: Resolution 21, 2002-Evergrene PCD-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: City Attorney~:~ Finance ACM Other Su_u~bmitted by_: Assistant City Engineer Originating Dept.: Grov~th Management Advertised: Not Required Affected parties City Manager [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: S~ attached memorandum. RESOLUTION 21, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE EVERGRENE PCD PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Evergrene PCD 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 Evergrene PCD Plat consisting of three (3) sheets dated December 2001, prepared by Camahan, Proctor & Cross, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of 2002. ’ 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 21, 2002 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT CONSULTING CIVI~ ENGINEERS, SURVEYORS & MAPPERS CIVIL 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.lbfla.com TO: FROM: DATE: FILE NO. MEMORAND UM Carol Gold Scan C. Donahue, PE ~’~ January 28, 2002 99-4097 SUBJECT: WCI.Parcels 4.03/4.04 (AKA Evergrene PCD) We have completed our review of the plat for the referenced project prepared by C, arnahan, Proctor & Cross, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues 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. Therefore, we recommend its approval. SCD/ P:\PROJECTS\PBGMEMO\4097~4097zk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Meeting Date: 01/26/01 02/07/02 Subject/Agenda Item PGA Fb/over Assessment Program Continuing Services Recommendation/Motion: Consider a motion to approve agreement with GSG, Inc. to provide preliminary program testing procedures. Reviewed by: ~,~ City Attorney ~ Finance.~ ACM Other Submitted by: Allan Owens Department Director Originating Dept.: Finance Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $ 8,4000 (Total) $ 8,400 Current FY Funding Source: X Operating [ ] Other Budget Acct.#: 01-600-513.3150 Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum [ ] None w/ BACKGROUND: The City of Palm Beach Gardens previously engaged the firm of Government Services Group, Inc. (GSG), last year to implement a Tax Increment Financing District (TIY) assessment program for the funding of the PGA Flyover enhancements. That agreement provides for GSG to being developing the annual assessment roll sometime around May or June this year. For an additional fee of $8,400, GSG will commence immediately, preliminary testing of the baseline year taxable property values. Preliminary Tax Increment calculations will be generated in order to provide to us the amount of funding that can be expected to be provided by the TIF for FY 2002-03, and will be presented to staff in March. This is critical at this point in time, inasmuch as we have already begun the budget process for FY 2002-03. Therefore, staff is recommending approval of the additional preliminary program testing procedures, at a fixed cost of $8,400. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 23, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR TO CONTRACT WITH GOVERNMENT SERVICES GROUP, INC. FOR PRELIMINARY PROGRAM TESTING PROCEDURES RELATING TO THE PGA BOULEVARD FLYOVER SPECIALASSESSMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has contracted with Government Services Group, Inc. to conduct its annual assessment program for road structure enhancements to the PGA Boulevard flyover; and WHEREAS, for a lump sum fee of $8,400, Government Services Group has offered to provide additional services and implement program testing procedures prior to the issuance of ad valorem tax bills for fiscal year 2002-03; and WHEREAS, the City Council determines that authorizing Government Services Group to perform such additional services is 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 Finance Director to contract with Government Services Group, Inc. to provide preliminary testing procedures relating to the City’s annual assessment program for enhancements to the PGA Boulevard flyover in accordance with the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this 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. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS ~ DAY OF ,2002. 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 JAB/.IN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- JRN 28 ’0~ 05:19PM GOVT SERVICES GROUP P.2/4 GSG Government Services Group, Inc. Dedioated to solving funding and servioe delivery issues in the public sector 1500 Mahan Ddve, Suite 250 ¯ Taltahassee, FL 32308 ¯ Phone (850) 681-3717, Fax (850) 224-7206 ¯ Ernail: gsgogovserv.com January 28, 2002 Allan Owens Financial Services Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Re:City of Palm Beach Gardens Flyover Road Structure Enhancements Assessment Preliminary Program Testing P roced u res Dear Alan~ The City of Palm Beach Gardens will initiate the first year of the annual assessment program for road structure enhancements initiated in Fiscal Year 2000-2001. Government Services Group, Inc. ("GSG") is pleased to have assisted the City of Palm Beach Gardens in developing this recurring revenue Source. Attached please find a summary of the specified tasks for this phase of work. These procedures will assist the City by allowing for eady analysis of the tax increment mechanism and will enable for the smooth transition to the implementation procedures for preparation of the assessment roll for Fiscal Year 2002-2003. A condensed critical events schedule has also been provided for your qonvenience. We look forward to working with the City of Palm Beach Gardens on this important project. If you have any questions or need further information, please feel free to call me. ~,,’ ~U..U"c6~ ~ura McKi LMM/Imm Enclosures (2) EAN 28 ’82 05:19PM GOVT SERVICES GROUP P.3/4 , ,,, M~,,T, ESTI’NGPRELIMINARY,,PRO,Gi=~AI ,, ,PROCEDURE,S,," ’ ’ ’ Task I:Review of Assessment Program GSG will provide City staff with an overview of the project to date. A summary of all project-related documents will be provided to ensure City files include executed copies of all related legal correspondence. A condensed critical events schedule has been provided. A detailed project schedule will also be provided to City staff for the specified tasks. Task 2:Obtain Baseline Year Property Data GSG will obtain a copy of tax roll information from the County Property Appraiser’s office. Baseline Year taxable property values will be obtained and analyzed prior to preparation of the implementation year’s Tax Increment calculations. Task 3 Analyze Baseline Year Property Data GSG will generate the preliminary Tax Increment calculations. An analysis of results will be compared to the projected results as forecasted in December 2000. The preliminary Tax Increment calculations will be based on the apportionment methodology for the assessment program as described in the City’s Resolution No. 2000-113, Section 3.04(B). Task 4:Summarize Results of Analysis GSG will submit the results of the Baseline Year Property Data analysis to City staff. The results will be presented in an executive summary report format that will include a brief determination of (1) whether the TIF is expected to operate adopted and (2) the amount of funding provided. Task 5:Preparation for Annual Assessment Roll Services GSG will compile the information obtained from Tasks 1 through 4 in a format to be used to complete the Annual Assessment Program services related to the development of the assessment roll for Fiscal Year 2002-2003, ACCEPTED AND AGREED TO FOR FISCAL YEAR 2002-03 ASSESSMENT ROLL: NOTE:SERVICES HAVE ALREADY BEEN AUTHORIZED (please see the attached original executed contract for services) ACCEPTED AND AGREED TO FOR FISCAL YEAR 2003-04 ASSESSMENT ROLL: By: Title: City of Palm Beach Gardens Date: FISCAL YEAR 2002-03 ASSESSMENT ROLL PURCHASE ORDER (..)City of Palm Beach Gardens management has reviewed this scope of services and determined that no Purchase Order is needed to initiate this engagement. No Purchase Order will be provided to GSG. (..)City of Palm Beach Gardens management has reviewed this scope of services and determined that a Purchase Order is needed to initiate this engage,rnent. A Purchase Order will be issued and provided to GSG by mail or fax transmission. -- FISCAL YEAR 2003-04 ASSESSMENT ROLL PURCHASE ORDER If City of Palm Beach Gardens management extends this contract to the ¯ Fiscal Year 2003-04 special assessment roll, we will coordinate Purchase Order processing instructions with City of Palm Beach Gardens before October 1,2002. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 7, 2002 Revised on: January 24, 2002 SUBJECT/AGENDA ITEM Consideration of Approvah Public Hearing/Resolution 81,2001, a request to modify the Planned Community District (PCD) and Master Plan of the Regional Center Development Regional Impact (DRI) to allow certain land-use conversions, roadway reconfiguration, and increase in the total commercial square footage permitted by the Development Order of the Regional Center DRt. RECOMMENDATION Staff recommends approval of Resolution 81,2001. Reviewed by: City Atto rne~(~ Finance NA ACM Human Res. NA Other NA Director Originating Dept.: Growth Management Advertised: Date: 1/22/2002 Paper: Palm Beach Post [X] Required Affected parties Approv~d~y:~ ,~._.~ -~-]-t~f~ City alV~n ga~eer~’~;~’~¢"¢’¢" :~ Not Required Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯Resolution 81, 2001 ¯Adopted Map H ¯Proposed Map H ¯State/regional agency comments [ ] None City Council Meeting Date: February 7, 2002 Date Revised: January 24, 2002 Petition DRI/PCD-00-01 REQUEST: Urban Design Studio, agent for Catalfumo Construction and Development, Inc., is requesting a Notice of Proposed Change (NOPC) and an amendment to the Planned Community District (PCD) for the Regional Center DRI located at the northeast corner of PGA Boulevard and AIt. A-1-A. The several proposed revisions to the DRI and PCD master plan are listed below under "Proposed Modifications." BACKGROUND: On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, ottice, hotel, residential, open space and community use. The Development Order currently permits the development of 1,440,000 square feet of retail, 1,210,000 square feet of office (business), 356,150 square feet of hotel (419 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most-recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on April 19, 2001, by Resolution 36, 2001. The previously-adopted NOPC allowed the following: ¯Designating approximately eight-acres as oak hammock preserve, per Condition 4 of the Development Order; Converting approximately 9.3 acres from "Office/Hotel/Community Use" to "Multifamily/Office/Community Use." The conversion will result in converting 151 hotel rooms to 213 residential units on "Parcel 2," which will become "Parcel 4" bearing the designation of "Multifamily/Office/Community Use"; ¯Combining all the residential parcels located in the northeast portion of the DRI into a 104- acre unified parcel (Kolter property); Reconfiguring the water management tract to redesign the drainage system and to accommodate the proposed oak hammock preserve, which is located north of the water management tract; and Reconfiguring the internal roadways on the Kolter property by changing the alignment of the Loop Road to accommodate the proposed location of the oak hammock preserve and the proposed development. The Development Order has been previously amended six times. Currently there is only one pending NOPC, which is the subject of this petition. City Council Meeting Date: February 7, 2002 Date Revised: January 24, 2002 Petition DRI/PCD-00-01 PROPOSED MODIFICATIONS: The applicant proposes to make several changes to the adopted Master Plan of Development or Map H (please see map attached). The petitioner has also proposed new changes that were not previously included, based on direction and comments from the City Council on August 2nd and October 4th of this year. The new changes are represented in bold and Italics. The following are all the proposed modifications to the DRI: ¯Reconfiguration of the alignment of Victoria Gardens Drive; ¯Relocating the two-acre Neighborhood Commercial parcel (Parcel 6) west of the water management tract, east of Victoria Gardens Drive, and south of Gardens Parkway; ’ ¯Redesignating the current Neighborhood Commercial parcel as a two-acre Multifamily Residential (an increase in residential acreage but not in number of units); ¯Removing the already approved 25,000 square feet of retail on Parcel 27.05 and allocating it to Parcels 27.12 and 27.14 (Menin project), per City Council direction; Reconfiguring Parcel 7 as a 1.5-acre parcel for passive open space connected to the water management tract in addition to providing a 3-acre area for active open space with improved pedestrian walks and public gathering areas primarily around the lake. This includes street furniture and covered public space. The applicant has also agreed to provide a 30,O00-square foot pavilion for public use to be located west of the lake. Park furniture, landscaping, and maintenance of the pavilion will also be provided by the applicant, per City Council direction; ¯Designating the remaining acreage of Parcel 7 for Office~Hotel~Community Use and combining it with Parcel 2 immediately to the south; ¯Increasing the square footage of retail commercial uses by 200,000 square feet through the use of the conversion matrix; Limiting the conversion matrix to those parcels so identified on Map H. The conversion of retail commercial has also been limited to only Parcels 27.12 and 27.14 (Menin project); and Amending Condition number 1 of the Development Order of the Regional Center DRI to establish and adopt a conversion matrix containing conversion rates for the approved uses. This would allow the conversion of one use to another without having to initiate an NOPC, provided the various regional and state agencies are notified of such conversion. The applicant has included residential uses into the matrix to provide for its possible conversion into retail and or office use in the future. City Council Meeting Date: February 7, 2002 Date Revised: January 24, 2002 Petition DRI/PCD-00-01 Other amendments to Condition 1 of the Development Order include references to the type of development that would take place on the Menin parcels. Exhibit C of Resolution 81,2001, lists possible conditions "safe guards" to ensure that such development must be in substantial compliance with these conditions. STAFF ANALYSIS: Regional Issues: The proposed changes were presumed to be substantial deviations to the approved DRI. However, the applicant has rebutted the presumption of substantial deviations by clear and convincing evidence with respect to all of the proposed modifications, according to regional and state agencies. However, the City Engineer’s office has raised a concern with respect to the relocation of the Neighborhood Commercial (Parcel 6) on grounds that it may lead to an increase in additional external trips over and beyond the total number of trips approved for the Regional Center DRI. This concern can be overcome by imposing several restrictions on the type of uses, access, and signage for this parcel so that it remains totally internal to the DRI. The applicant has agreed to these conditions on the proposed relocation of Parcel 6. The Florida Department of Community Affairs (DCA) and the Florida Department of Transportation have raised objections to this alternative. Local Issues: Staff requests thai: the applicant change the designation of Parcel 27.05 from 1 (Retail/Office/Hotel) to 2 (Office/Hotel/Community Use), since the petitioner is proposing remove the 25,000 square feet of retail approved for this parcel to the Menin parcels. Alternatively, the petitioner could add a note on Map H clearly indicating that the approved uses for Parcel 27.05 preclude retail uses. Staff also has a concern with respect to the public, park area. The concern is with the location, public access, and the calculation of the required 20-acre park area. This area includes Lake Victoria and the land around it. According to the Development Order of the DRI, this area must remain open to the public. The petitioner has not adequately demonstrated that this area consists of 20 acres as specified in the Development Order. PLANNING AND ZONING COMMISSION RECOMMENDATION: On December 18, 2002, the Planning and Zoning Commission held a public hearing to consider the subject petition and with a vote of 4-3 recommended approval of the proposed modifications to the Development Order of the Regional Center DRI. City Council Meeting Date: February 7, 2002 Date Revised: January 24, 2002 Petition DRI/PCD-00-01 STAFF RECOMMENDATION: Staff recommends approval of the proposed changes to the Development Order of the Regional Center DRI, provided the petitioner adequately address the above noted concerns. The applicant has rebutted the presumption of substantial deviation by clear and convincing evidence. DCA and TCRPC have removed their initial objections to the NOPC and have found the proposed changes not to create unreviewed, additional, regional impacts (please see attachments). Accordingly, the proposed modifications do not constitute substantial deviations. G :Talal/DRI-NOPC-00-01 -cc RESOLUTION 81, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FORTHE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESlGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, REDISTRIBUTE THE ACREAGE OF PARCEL 7 BETWEEN PARCEL 2 AND THE COMMUNITY SERVING OPEN SPACE AREA AROUND LAKE VICTORIA, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 200,000 SQUARE FEET, AND AMEND CONDITION #1 TO ESTABLISH AND ADOPT A LAND-USE CONVERSION MATRIX AND GENERAL LAND-USE AND DESIGN GUIDELINES FOR THE AREA WEST OF THE WATER MANAGEMENT TRACT AND SOUTH OF GARDENS BLVD.; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes; Prepared on: January 24, 2002 Resolution 81, 2001 These proposed amendments to the Development Order and the Master Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further developrnent of regional impact review; and The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein. SECTION 2. AI~ENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999 remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. The revised Master Plan contained in the City’s Planning & Zoning Division files is adopted as the official Master Plan for the Regional Center: Proposed 1.23.02, Parcel 27.12 NOPC, 2001, Exhibit H - The Regional Center, Urban Design Studio. The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens [)rive, relocate Parcel 6 to the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, redistribute the acreage of Parcel 7 between Parcel 2 and the community serving open space area around Lake Victoria, increase the maximum possible square footage of commercial uses by 200,000 square feet, and amend Condition #1of Resolution 96, 1999, to establish and adopt a land-use conversion matrix, conditions and approved land- use activities for the Neighborhood Commercial parcel, and general design and land-use guidelines for the development of the area west of the water management tract and south of Gardens Blvd., as more particularly described in Exhibits "H," "A," "B," and "C" and Diagrams 1 and 2 attached hereto. Prepared on: January 24, 2002 Resolution 81,2001 SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, or void, such holding shall not affect the remainder of this Resolution. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTF_D THIS DAY OF ,2OO2. MAYOR JOSEPH R. RUSSO ATTEST:APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK CITY ATTORNEY Prepared on: January 24, 2002 Resolution 81,2001 VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:Talal/DRI-PCD-00-01-cc-res EXHIRIT A TO RESOLUTION 81 2001 AMENDED DEVELOPMENT ORDER CONDITION #1 1.The.Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Deyelopment Approval is a condition for approval tmlcss waived or modified by agreement among the Parties, as defmed in Subsection 380.07(2), Florida Statutes. For purposes ef this condition, the Application for Development Approval (ADA) shall incl.ude the following items: ADA, consisting of Volumes I and II and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983.1 Notwithstanding anything to the contrary in the Application for Development Approval ("ADA") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a. constraint on the amount and physical location(s) within the boundaries of the DRI uses in any 0fthe areas designated on Exhibit H for Retail/Office/Hotel (1), Office/Hotel/Commu~tity uses (2), or Research/Office/Service Community Uses (3); provided the total sqtmre footages for uses are consistent with the Conversion Rates below and do not exceed any of in the Range of M~/_mum Floor Space Allocationson Exhibit H and restated below ere ne~ exceeded and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit and provided further that if the the Conversions Rates below are used for the development of retail on the property south of Gardens Parkway, north of Kyoto Gardens Drive, east of Air. A1A, and west of the water management tract, the retail development shall occur in substantial conformity with Exhibit C Resolution 81-2001. Any sireplan approval by the City shall be deemed consistent with Map H and Exhibit C to ResolUtion 8!-2001. PARCEL 27.12NOPC LAND USE CONVERSION RATES From R & D Office Hotel Business Office Hotel Intensity lsf. I room 1 sf. 1 room . Tj Retail Retail Retail Business Office Intensity 0.435 sf 248.742 sf 0.545 sf 665.124 sf RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE Neighborhood Commercial R. egional Retail,Restaurant, Cinema Office - Business Office - Research Serivee Hotel Residential TOTAL 26,000. sf 1,440,000 sf 1,123,287 sf 73,440.sf 118 rooms/100,300 sf* 1,813 du/1,813,000 4,576,027 s.f- MAXIMUM 26~000 sf 1,640,000 sf 1,210,000 sf 235,200 sf 449 rooms/3 81,650 ~.,813 du/1,813 ,000 sP 5,305,850 sf *Square footage numbers are established as an estimate and may vary from actual development. Room/unit counts will be the actual determinate of the use for both Hotel and Residential categories. Any eunversions of land uses pursuant to the Conversion Rates above will include a written notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast Regiomd Planning Council upon the filing of a development application ¯ with the City of Palm Beach Gardens. All such conversions will also be addressed in the An~..ual Report. ~Uds_secve~CAD~Commo~ obs~ResionalCe~erD RI~27.12~locond Rion 1.012102.wpd LCC35 EXHIBIT B TO RESOLUTION 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Drugstore or Pharmacy (only if not in a free-standing building) Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry, Self Service Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2.The Neighborhood. Commercialcategory of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate A1A. 4.Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). \\Uds_server\CAD\Commonklobs\RegionalCenterDIll~27.12\NeigbborhoodComm~N~ses£012102.~d LCC35 EXHIBIT C TO RESOLUTION 81 2001 THE REGIONAL (,’ENTER DRI MASTER PLAN EXHIBIT RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: o Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building and/or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free-standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or, restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. Retail use other than quality or specialty restaurant shall be designed in buildings ~-~ ~+~A ~I~ ro;,~ o11 ¯ rthin are .......... ~.~ ..... .r by structure and/or by pedes~an plaza. Free- standing fast food restaurants and free-standing pharmacies/drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. ¯ " ¯ Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings and/or canopies, balcorties, outdoor seating, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and. as approved by the City Council through the site planning process. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. \\Uds_r, erver\CAD\CormnonklobskRe~ional CenterDlLlL27.12~Retailetmvm~sionExC.Reso812001.01~02.~d LCC35 viv -.t’i v.~_ ¯ IEB BUSH Governor .i STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" STEVEN M. SEIBERT Secretary February 9, 2001 Mr. Steven B. Cramer, AICP Growth Management Director Department of Growth Management 10500 North Military Trail Palm Beach Gardens Florida 33410-4698 Re:The Regional Center DRI (a.k.a. The MacArthur Center DILl) DCA Project File No. ADA-1082-036. Review of Notification of Proposed Change (Parcel 27.12) Dear Mr. Cramer: On August 7, 2000 the Department received a notification of proposed change (NOPC) the Regional Center Development of Regional Impact (DRI), Parcel 27.12, from Ms. Dodi Glas, the authorized agent for Mall Properties, Ltd. In the NOPC the applicant proposed to: modify the Master Development Plan to reconfigure Victoria Gardens Drive (a.k.a. West Avenue), an internal roadway, toprovide and maintain pedestrian connections between developed parcels and the existing water management tract within the DRI; relocate and redesignate previously approved land uses within the project site, including relocating a two-acre Neighborhood Commercial Center (Parcel 6) and redesignating this site residential land use (Parcel 5). eliminate 6 acres of Community Use/Cultural Arts land use (Parcel 7) and redesignate the acreage residential use (3 acres) to the east and community passive park (3 acres) around the existing water management tract; and 2555 SHUMARD OAK BOULEVARD ¯ TALLAHASSEE,FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 ~[aBahassee, FL 32399-2t00 Tallahassee, FL 32399-2100 Tallahassee, EL 32399-2100 (305) 289-2402 (850) 4B~2356 (/]50) 413-9969 (850) 488-7956 Mr. Steven B. Cramer, AICP February 9, 2001 Page 2 establish land use conversion rates/matrix for approved uses (Business-Research, Business-Office, Hotel, and Cultural Arts Center) to allow conversion flexibility at the time of site plan review, as long as the maximum square footage of approved land uses for the overall DRI, as shown on the Map H, is not exceeded; with a proposed maximum of 1,718,888 square feet of Regional Retail land use. The Department reviewed the NOPC and determined that the proposed changes were presumed to a create substantial deviation pursuant to Section 380.06(19)(e)3., F.S., which applicant failed to rebux by cleat and convincing evidence. Therefore, the Department in its letter dated September 18, 2{)00 objected to the proposed changes. In response, the applicant has submitted additional information (dated October 13, 2000; December 22, 2000; and January 22, 2001) to address the Department’s concerns. The Department has completed the review of the additional information and has determined that the applicant has rebutted the presumption of a substantial deviation. The Department no longer objects to the proposed changes. If you have any question concerning this matter, please contact me, or Joseph Addae- Mensa, Planner IV, at (850) 487-4545. Sincerely, Roger Wilburn Community Program Administrator Bureau of Local Planning RW/jam CC:James Snyder, DRI Coordinator, Treasure Coast Regional Planning Council Dodi Glas, Urban Design Studio JAN-IG-~00~ 10:09 January l5,2002 Mr. Charles Wu, Director Growth.. Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 P. 02 Subject:The Regional Center Development of Regional Impact, Notification of Proposed Change Dear Mr, Wu: In accordance with the requirements of Section 380.06(19), Florida Starutes~ we have renewed the "Notification of a Proposed Change to a Previously Approved Development Of Regional Impact (DRI)’: (NOPC) for fl~e Regional Center DRI dated August 2, 2000. Based on the information provided the applicant proposed to: Relocate the two-acre Neighborhood Commercial Parcel west of the mall and soi~tla of th.e Gardens Parkway near the water management area. Designate th,~ former Neighborhood Commercial Parcel as residential. Relocate residential Parcel 4 located south of Gardens Parkway and west of th~ Gardens Mall to the east side of the water mmaagement tract a~d passive park currently desi~ated..m.,.s Community Use/Arts (Parcel 7) and Office/Hotel/Community Use (Parcel Redistribute the acreage of the Community Use/Arts of Parcel 7 to Residen~al on the eastside and Community Open Space around the water management tract, To establish conversion rates for approved uses to be converted into other approved uses at the time of site plan review as long as the maximum of approved uses for the overall not exceeded. The changes were presumed to be a substantial deviation pursuant to Section 380.06(19)(e~3., ~orida Statutes. Courtcil reviewed the information provided by the applicant and had eoncerds with relocation of the two-acre neighborhood commercial tract and the information provided toljustify tim land use conversion table. Additional information to justify the conversion table and colnmitments from the applicant to locate the neighborhood commercial internally were provided !to address Council’s concerns. Therefore, Council did not object to the p~oposed change.’ Ocean ~oul ev~td - Suit* ~ee - Stuart, Florida JAN-I6-~00~ 10:10 P.03 Mr. Chm’les Wu January 15, 2002 Page 2.. On November 2’7, 2001, the applicant submitted revisions to those changes rev.iewed by Council. The revised changes include: 1.The establishment of a conversion matrix including residential, office, or hotel to retail or off’tee uses lin:titing the parcels were retail conversion could occur. 2.Relocate the ewe-acre Neighborhood Commercial Parcel west of the mall and sou~h of the Gardens Parkway near the water management area. 3.Designate the former Neighborhood Conwnercial Parcel as residential. 4.Add a note to permit the final configuration of Victoria Gardens Dri.v¢ duringI the site planning process. 5.Reconfigure the Community Use/Arts (Parcel 7) as a 1.5-acre parcel of communit~ serving passive open space connected to the water management tract and the remaining 3 acres being: community serving active open space.. 6.Eliminate residential use south of Gardens Parkway and redesignate the parcel asI regional Council was concerned with the proposal to eliminate the residential pared south ofi Gardens Parkway and include residential in the conversion matrLx. Elimination of the residential co..’mponent south of Gardens Parkway changes the traffic assumptions relied on during rev.iew of thd original DRI application. Council suggested that a revised traffic analysis for the Regional Cent~ DR/be done. On January 2, 2002, the applicant submitted additional revisions to the NOPC to address ,Council’s concerns. The revision to the proposed changes included eliminating the residential use[from the conversion matrix and restoring the residential use south of Gardens Parkway and west of the water management tract. Based on these proposed re,Asions to the NOPC, Council does not ob ~ct to the proposed changeL, v If you have any questions, please call. co: Ken Metcalf, FE)CA Talal Benothman, City of Palm Beach Gardens Margaret Ray Kemper, Ruden - NlcClosky Dodi Glas, Urban Design Studio THE FORBES COMPANY July 18, 2001 Mayor Joseph R. Russo Vice Mayor Eric Jablin Council Member David Clark Council Member Lauren Furtado Council Member Carl Sabatello City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 100 Gallerla Offlcentre Southfield, Michigan 48037 Telephone (248) 827-4600 Facsimile (248) 827-1379 I Via Federal Express Re: Public Hearing - Resolution 81, 2001 Dear Mayor Russo, Vice Mayor Jablin, and Council Members: As the owner of The Gardens Mall, I am extremely disturbed with the DRI changes proposed in Resolution 81,2001 and strongly concerned with its adoption. We urge that the City Council not approve this resolution for the following reasons: Eliminating the Cultural Center Site is inconsistent with the City’s odginal vision of a mixed-use project that offers a wide range of activities including shopping, office, residential and cultural/civic opportunities. The Cultural Center Site was an original requirement imposed by the City to fulfill a cultural/civic need within the Regional Center: this need still exists. As the Regional Center matures and becomes more urbanized in character, the "critical mass" for supporting and sustaining a Cultural Center Site will be attained. It would be a disservice to the citizens of Palm Beach Gardens for the City to abandon this use/restriction. Further, the applicant purchased this property with full knowledge of this restriction. They apparently assumed that they could convince the City to abandon this requirement. The proposed relocation of residential land use from the west side of Lake Victoria to the east side of the lake is the wrong location for residential and creates an incompatible land use. We believe it is bad planning to locate residences that will be surrounded by commercial uses. This land should be used for office building development The Conversion Matrix should provide only the necessary land use entitlement changes to allow the "Entertainment Center", which should be limited in size since the City has already approved 300,000 +/- square feet of commercial use at Legacy Place. Approval of the Entertainment Center should be conditioned to require a 2,600 +/- seat stadium type theater. If the theater is not included in the initial phase of the Entertainment Center, the City should require reversion to the current approved land uses. July 18, 2001 Page 2 This Entertainment Center should be consistent in quality with that of the Gardens Mall. Further, the Conversion Matrix and Exhibit H should be modified to prohibit the reallocation and conversion of entitlements and land uses to various parcels, other than the Entertainment Center. As proposed, the matrix would also allow the conversion of office and hotel uses into retail. We believe that small retail stores along PGA Boulevard will tarnish its character and is inconsistent with the City’s vision for the PGACorridor. "]he proposed La-Z-Boy center and purported Mattress City are good examples of our concerns and we believe indicative of what will result if the Conversion Matrix is approved. This project is not consistent with other buildings in the Regional Center and will impact the quality and character of development on PGA Boulevard. This would be further exacerbated since the Conversion Matrix would allow the proposed Staybridge Hotel and office currently approved for Parcel 27.06 to be converted into an additional 40,100 sq. ft. +/- of retail. Adding this to the currently approved 50,000 sq. ft. of retail l~or this site allows for over 90,000 sq. ft. of retail uses. The PGA IBoulevard frontage should be developed with multi-storied office buildings or hotels as originally contemplated. Finally, concerning the Conversion Matrix, if such changes are necessary they should be reviewed by the Treasure Coast Regional Planning Council and the Department of Community Affairs as part of an NOPC. The Conversion Matrix essentially is a mechanism for .avoiding future review and ignoring the expertise of these agencies. For the past sixteen years, we have always shared the vision of the City and respectfully request your denial of Resolution 81, 2001. Sincerely, Forbes/Cohen Florida Properties Sidney Forbes Partner CC:Ron Ferris, City Manager Charles Wu, Director Growth Management H:\WPDOC S~YORK~LE]’TERS\RES81200,WPD V1V "1"1 V CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 SUBJECT/AGENDA ITEM ZON-01-01: Rezoniing of the Hungryland Slough Tract First Reading of Ordinance 8, 2002: A City-initiated request to re-zone 730.3 acres of land from Planned Development Area (PDA) to Conservation (CONS) pursuant to an Interlocal Agreement with Palm Beach County. The site is located west of the Bee Line Highway, approximately 3.5 miles north of the intersection of Bee Line Highway with PGA Boulevard. RECOMMENDATION Staff recommends approval of Ordinance 8, 2002. Reviewed by: Principal Planner Talal Benothm~ City Attorney Len Rubin Finance NA Human Res. NA Submitted by: Growth /~ Manag~j~!. I -- Directot~_~NN~_ ~ ~ Charles K. Wu, AICP Approved by~ City M a nag e~/dt~E~,~’ Ronald M. Fertis/ Originating Dept.: Growth Management: Project ~Manage~ Kara Irwin Advertised: Date: Paper: , [X] Not Required "-~ifected parties: [X] Notified [ ] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [X] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 8, 2002 ¯ Interlocal Agreement ¯ Site Location Map [ ] None City Council Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition ZON-01-01 BACKGROUND: On March 18, 2000, the City of Palm Beach Gardens (City) entered into an Interlocal Agreement with Palm Beach County (County) regarding the County’s acquisition environmentally sensitive lands within the boundaries of the City. On March 12, 1991, the voters of Palm Beach County approved a $100 million bond referendum for the acquisition of environmentally sensitive lands, with which the County acquired the Hungryland Slough tract (a portion of the historic Loxahatchee Slough) located within the City of Palm Beach Gardens. The tract was designated as a high-priority site to acquire in order to preserve the site and its associated biological communities in their natural state for future generations as an example of an intact native Florida ecosystem. The Interlocal Agreement established management responsibilities for the Hungryland Slough as well as general requirements to allow for the most efficient use of each entity’s power to enable the most efficient administration of the tract. Per the Interlocal Agreement, the City is required to review its zoning ordinances and comprehensive plan and take the necessary steps to re-zone the Hungryland Slough tract from Planned Development Area (PDA) to Conservation (CONS). Given the intended of the tract as a natural area and the Future Land Use Map designation of Conservation (CONS), the City initiated a petition to re-zone the tract from Planned Development Area (PDA) to Conservation (CONS). LAND USE AND ZONING: The future land-use designation of the subject site, as reflected on the City’s Future Land Use Map, is Conservation (CONS). The current zoning classification of the site is Planned Development Area (PDA). The City is proposing a rezoning from PDA to Conservation (CONS) Zoning District. SITE DETAILS Site The Hungryland Slough tract shall be managed only for the conservation, protection and enhancement of natural and historic resources, and for the passive, natural resource- based public outdoor recreation that is compatible with the conservation, protection and enhancement of the tract. The City and/or County may make and maintain physical improvements to the property, such as fencing, a parking area, and hiking trails, only as appropriate for passive resource-based uses and as provided for in the approved natural area management plan. 2 City Council Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition ZON-01-01 Access The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources and without generating negative impacts on those resources. PLANNING & ZONING COMMISSION RECOMMENDATION On January 8, 2002, the Planning and Zoning Commission held an advertised public hearing to discuss the petition. The Commission recommended approval of the petition with a vote of 5-0. STAFF RECOMMENDATION: Staff recommends approval of petition ZON-01-01 since the rezoning is compatible with the current land use designation, the surrounding area, and consistent with the Interlocal Agreement signed by the City and Palm Beach County regarding the preservation and protection of environmental resources on this site. Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Revised: January 24, 2002 ORDINANCE 8, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING APPROXIMATELY 730.3 ACRES OF LAND KNOWN AS "HUNGRYLAND SLOUGH" AND LOCATED ON THE WEST SIDE OF BEE LINE HIGHWAY, APPROXIMATELY 3.5 MILES NORTH OF THE INTERSECTION OF PGA BOULEVARD, AS DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO CONSERVATION (CONS); AMENDING THE OFFICIAL CITY ZONING MAP; PROVIDING FOR CONFI.ICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, tl’le Hungryland Slough tract in the City of Palm Beach Gardens (City) was designated as one of the high-priority sites to be acquired by Palm Beach County (County) with funds from the $100 million bond referendum approved by the voters for the acquisition of environmentally sensitive lands; and WHEREAS, the City and the County deemed that it was in the best interest of the residents and citizens of Palm Beach County and the City of Palm Beach Gardens to acquire the Hungryland Slough tract, in order to preserve the site and its associated biological communities in their natural state for future generations as an example of intact native Florida ecosystems; and WHEREAS, on May 18, 2000, the City and County adopted an Interlocal Agreement to establish management responsibilities for the subject site; and WHEREAS, the City agreed to review its zoning ordinances and comprehensive plan and take the necessary action to rezone the Hungryland Slough tract from Planned Development Area (PDA) to Conservation (CONS); WHEREAS, the City of Palm Beach Gardens initiated Petition ZON-01-01 to re-zone approximately 730.3 acres of land on the west side of Bee Line Highway, approximately 3.5 miles north of the intersection of PGA Boulevard, as more particularly described in Exhibit "A" attached hereto, from Planned Development Area (PDA) to Conservation Zoning District (CONS); WHEREAS, tile Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed rezoning is consistent with the City’s Future Land Use Map, which designates the subject property as Conservation; and WHEREAS, the Growth Management Department has recommended approval of this application; and WHEREAS, the on January 8, 2002, the Planning and Zoning Commission recommended approval of this application. Ordinance 8, 2002 Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition ZON-01-01 WHEREAS, the City Council of the City of Palm Beach Gardens determines that the re- zoning is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED 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 rezoning application and directs the Growth Management Director to amend the Official Zoning Map of the City of Palm Beach Gardens, Florida, to reflect this rezoning. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. 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 effect the remainder of this ordinance. Section 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 2002. SIGNED: 2002. 2002. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY 2 Ordinance 8, 2002 Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition ZON-01-01 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FtJRTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT 3 EXHIBIT "A" Ordinance 8, 2002 Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition ZON-01-01 LEGAL DESCRIPTION PARCEL 1: ALL OF THE EAST 1,2 OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY’~ FLORIDA, LYING SOUTH AND WEST OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY PARCEL 2: ALL OF THE EAST Itz OF SECTION 32, TOWNSHIP 41 SOUTH RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTHERLY AND WESTERLY OF THE CENTRAL AND SOUTHERN FLORIOA FLO00 CONTROL OISTRICT CANAL C-18o PARCEL 3: ALL OF SECTION28, TOWNSHIP 41 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTHERLY.ANDWESTERLYOFCENTRAL~ANDSOUTHERN FLORIDA FLOOD CONTROL D.ISTRICT CANAL C-18, AND SOUTHERLY AND WESTERLY OF THE SEABOARD AIR LINE RAILROAD RIGHT-OF-WAY. PARCEL 4: ALL OF.SECTION 33, TOWNSHIP 41 SOUTH, RANGE 41-EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTHERLY AND WESTERLY OF THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT CANAL C-18, LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY= A PARCEL OF LAND IN SECTION 29, TOWNSHIP 41.SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS= COMMENCING AT THE NORTHEAST CORNER OF SAiD SECTION 29, RUN THENCE N 81°39’20" W, ALONG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 2316,05 FEET TO A POINT IN THE SOUTHERLY RIGHT--OFLWAY LINE ,OF THE SEABOARD COASTLINE RAILROAD! THENCE RUN S 49"47132" E, ALONG SAID SOUTH RIGHT-OF-WAY LiNE 541,65 FEET TO THE POINT OF BEGINNINGI CONTINUE THEN S 49°47’32" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF SEABOARD COAST L]iNE RAILROAD A DISTANCE OF 146,00 FEETI THENCE S 54"58~24" W, 473°64 FEETI THENCE N 35"01’36" W, 585.28 FEETI THENCE S 79"31~47" E, 622.63 FEET TO THE POINT OF BEGINNING, 4 OCT-11-2~01 11:56 PBC EHU RES MGMT ADM 0982 INTERLOCAL AGREEMENT P.02/~ THIS AGREEMENT, made and entered into on this ~ day of/"~ , ,2000, by and between the City of Palm Beach Gardens, a Florida municipal corporatior0’~ ~Ci~"), and Palm Beach County, Florida. a political subdivision of the State of Florida, (the "County"). WITNESSETH: WHEREAS, on March 12, 1991, the voters of Palm Beach County approved a $100 million bond refi:rendum for the acquisition of environmentally sensitive lands’, and WHEREAS, the Hungryland Slough tract (a portion of the historic Loxahatchee Slough) the City of Palm Beach Gardens was designated as one of the high-priority sites to be acquired with l~nds from this bond referendum; and WHEREAS, both the City and the County have deemed that it is in the best interest of the residents and citizens of Palm Beach County and the City of Palm Beach Gardens to acquire the Hungryland Slough tract, in order to preserve the site and its associated biological communities in their natural state for future generations as examples of intact native Florida ecosystems~ and WHEREAS’, the Board of County Commissioners has subndtted a grant application to the Florida Communities Trust (FCT) for state matching funds to acquire the HungDdand Slough tract’, and WHEREAS, the County, as the FCT Recipient, has signed a Conceptual Approval Agreement with FCT for the receipt ofthese funds’, and WHEREAS, the City and tile County wish to establish management responsibilities for the Hungryland Slough tract; and WHEREAS, the execution oftltis agreement is in the best interest of both governmental units and the residents and citizens of same; and WHEREAS, the Florida lnterl0cal Cooperation Act of 1969 (Section 163.01, Florida Statutes) allows governmental units to enter into intergovernmental agreements to make the most efficient use of their powers by enabling them to cooperate with each other on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants, agreements ~.~d restrictions set forth herein, the partie~ to this agreement agree as follows: AKTICLE I - IN GENERAL I. The Coumy and City agree that the County has acquired and will manage, in cooperation with the C.ity, certain real property located within the corporate limits of the City of Palm Beach Gardens, ]Florida, known as the "Hungryland Slough tract of the Bee Line Corridor Natural Area",- which real property is more particularly described in Exldbit A attached hereto and made a part hereof (the "Hungryland Slough tract"). 2. The County and City agree that the County has acquired the Hungryland Slough tract and numerous smaller tracts in Unit I 1, and that these properties are now known collectively as the Bee Line Corridor Natural Area (the "Natural Area"). 3. The County and City acknowledge that the County is pursuing the acquisition ofadditiona! tracts of land south of the Bee Line Highway in order to provide a wildlife corridor which, when completed, will connect the J. W. Corbett Wildlife Management Area and the West Palm Beach Water Catchment Area, mid that any of these lands, or portions &these lands, acquired by the County will be added to the Bee Line Corridor Natural Area. 0CT-II-2001 II:57 PBC ENU RES MGMT ADM 5G1233~522 P.O31OB 4. The City and County agree that, in the event that additional properties within the corporate limits of the City are purchased or leased.by the Counly for inclusion in the Bee Line Corridor Natural Area, all provisions of tiffs Interiocal Agreement pertaining to the Hungryland Slough tract shall also apply to those properties. 5. The management.of the Hung~land Slough tract by the County, with assistance from the City, shall preserve the biological communities on the Hungr3’land Slough tract in their natural states as examples of Ifigh quality wetland and pine flatwood ecosystems in Palm Beach County. It is the intent of the parties that the Hungryland Slough tract shall be managed solely as a nature preserve, to provide certain scientific and educational benefits, and to provide passive recreational opportunities for residents and citizens of the City and the County. The Hung~land Slough tract shall be kept in its natural state, such that present and future generations will be able to experience the natural values currently exhibited on the property, acts of God or other events beyond the control of the City and the County notwithstandinl~. 6. The parties hereto agree to review their respective zoning ordh~ances and comprehensive plans and to take steps to designate the Hungryland Slough tract appropriately in the future, given its intended use as a natural area. The future land use designation assigned to the Hung~yland Slough tract shall be conservation, lfan amendment to the City’s or County’s comprehensive land useplan or zoning ordinance :is required, the amendment shall be proposed at the next available comprehensive plan or zoning amendment cycle. In the event that a comprehensive land use plan or zoning ordinance amendment is required of one party, a copy of the approved amendment shall be submitted to the other party within thirty (30) days of the approval of the amendmem by the appropriate governing entity. 7. The Hungq, land Slough tract shall be managed only for the conservation~ protection and enhancement ofnatural and historical resources, and for passive, natural resource-based public outdoor recreation that is compatible with the conservation, protection and enhancement of the tract. The parties may make and maintain physical improvements to the property, such as fencing, a parking area and hiking t rails, only as appropriate for passive resourve-based uses and as provided for in an approved natural area management plan. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation ofthe significant natural resources on the [-lungryland Slough tract without causing harm to those resources. The County shall include the Hungryland Slough tract in the regional greenway network that extends from the J. W. Corbett Wildlife Management Area to the Loxahatchee Slough Natural Area and the West Palm Beach Water Catchment Area. 8. The Hungryland Slough tract sl~all be open to the public. The locations of public access points and any restrictions on access will be described in the management plan. 9. The parties shall use their best efforts, through their agents and employees, to prevent the unauthorized use of the Hungq/land Slough tract or any use not compatible with the management of the site as a natural area or nature preserve. 10. In the acquisition, management, and maintenance of the subject property, each party shall be liable for its own actions and negligence. 11. The title to the Hungryland Slough tract shall be held by ~he County. 12. This lnteriocal Agreement shall be recorded in the Public Records of Palm Beach County, Florida, in accordance with applicable law. 13. This lntedocal Agreement shall be deemed to be the sole agreement between the parties, and no prior agreements or other writings shall supersede that which is contained in this Interiocal Agreement. 14. For the p~rposes of this Interlocal Agreement, notices to the other party shall be deemed sufficient when addressed to the following address and deposited in the United States Mail: 0CT-II-2001 11:57 PBC ENU RES MGMT ADM P.04108 City of Palm Beach Gardens Office of the City Manager I0500 North Military Trail Palm Beach Gardens, Florida 33410-4698 Palm Beach County Department of Environtnental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406-1548 ARTICLE 11 - JOINT RESPONSIBILITIES 15. The County, in cooperation with the City, shall manage the Hungryland Slough tract for habitat preservation and passive recreation, keeping the property in its natural state except for the maintenance offences, firebreaks, hiking trails and other management activities appropriate for a nature preserve. Management activities will initially consist ofremoval of trash and invasive vegetation from the site. Long-term management of this site will require controlling invasive vegetation, monitoring listed plant and animal species and prescribed burning. Subject to annual appropriations by the County’s Board of County Commissioners and the City of Palm Beach Gardens, personnel time and expertise for ongoing, site-specific management of this site will be provided by both parties. A detailed division ofresponsibilities for !he management of this site will be provided in the management plan. The parties shall apply for arty funds available from the State for management purposes, and will minimize management costs through the involvement of volunteers. 16. The parties shall prepare, separately or jointly, brochures and other educational material describing the natural resources, uses, and joint management of the property. Any material prepared by one party shall be submitted to the other party for its prior review and approval. Approval shall not be unreasonably withheld. Tile cost of any jointly-prepared materials shall be shared equally by the parties. The costs ofany material prepared individually shall be solely that party’s responsibility. Both parties shall encourage students, residents and visitors to use the Hungryland Slough tract for educational and passive recreational purposes. ! 7. The Hungryland Slough tract will be identified as being publicly-owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising. AR.TICLE 111 - RESPONSIBILITIES OF TH~ COUNTY 18. The County agrees to comply with all requirements of FCT for provision to the County of tile State’s share of fil~y percent (50%) of the acquisition costs. 19. The County agrees to erect a sign or monument identifying the Hungryland Slough tract as being open to the public, as having been purchased with funds from the State and the County, and as being managed by the County, with the cooperation of the City. 20. The County agrees to plan and pay for physical improvements to the site that would encourage public use of the site as a nature preserve. These improvements would be subject to approval by FCT and budget approval by the Board of County Commissioners. These facilities may include, but not be limited to, hiking and interpretive trails, an educational display (kiosk) and parking facilities. The County shall use its best effort to plan and construct these facilities, taking into consideration primarily the sensitivity and needs of the biological communities and secondarily the intended research, educational and recreational uses of the property. The County shall be responsible for the upkeep of all trails, kiosks and parking areas (if any) constructed on the property. 21. The County agrees to secure the Hungryland Slough tract with fencing, gates and signage to discourage unauthorized activities, such as the dumping of trash and off-road vehicle usage, while permitting public access to the tract for passive recreational activities, environmental education and scientific research. The County shall be responsible for the upkeep ofthese fences, gates and signs. 0CT-II-2001 11:58 PBC ENU RES MGMT ADM 5612332522 P.05/08 22. The County shall develop a management plan and a controlled burn plan for the Hungryland Slough tnzct, in consultation with the City. The management plan will be subject to approval by FCT and the Board of County Commissioners. 23. The management plan will contain a mechanism for the City and the County to determine jointly the future of the nature preserve, slzould any unforeseen events or activities, either natural or man-made, severely limit or eliminate the natural values presently on the property. 24. Management of all natural areas acquired by the County will be coordinated on a county- wide basis to protect ecosystems and populations of listed species throughout the County. 25. The County agrees to identify a County employee as a contact person to interact with the City in planning for and managing the Hungryland Slough tract. 26. The County agrees to identify a County employee as the public contact person to coordinate, group usage and research on the Hungryland Slough tract and to answer publio inquiries about the site. AKTICLE IV - KESPONSIBILITIES OF THE CITY 27. The City agrees to assume primary respoasibility for public safety and law enforcement at the Hungryland Slough tract. This includes routine police patrols of the boundaries, to help prevent vandalism, vehicular trespass, dumping, and damage to property and natural resources. 28. The City agrees to provide weekly garbage pick-up (iftrash receptacles are placed on the Hungryland Slough tract) and will assume responsibility for the daily opening and closing of any gates providing public access to the Hungryland Slough tract. This responsibility may be delegated to a local rosident or stewardship group if approved by both the County and the City. 29. During volunteer activities, the City agrees to assist the County in the long-term maaagement of the site, including removal of exotic vegetation, trash and debris collected. The City also agrees to assist the County with periodic prescribed burns. 30. The City agrees to review the proposed management plan and to provide comments to the County on that document. The City agrees to expeditiously review any engineering design plans which cover the Hungryland Slough tract and require approval by the City. The City further agrees to waive any municipal fees, assessments, or permits applicable to the Hungryland Slough tract due to the construction, use or maintenance of public facilities. 31. The City agrees that in reviewing any proposed changes to, uses of~ or activities on, real property immediately adjacent to the Natural Area, it shall consider the protection of the biological comraunities on the Natural Area and the potential for adverse impacts to the species present. 32. The City agrees to identify a City employee as the contact person to interact with the County in planning for and managing the Hungryland Slough tract. 33. The City will encourage students, residents and visitors to use the site for educational and recreational purposes. (The remainder of this page intentionally left blank) 0CT-11-2001 11:59 PBC ENU RES MGMT ADM 5612332522 P.06/08 WHEREFORE, the parties hereto have set their hands and seals on the day set forth next to their signatures. ATTEST: Dorothy H. Wiiken, Clerk Deputy Clerk LEGALI’~]~FICIENCY: Assistant ¢:ounty ~(or~6y DATE: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS R2000 0982 Chair JUL I I ~o ATTEST: BY: DATE: CITY OF PALM BEACH GARDENS, FLORIDA, BY ITS COUNCIL (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney DATE: "b=’~’ ,~¢7~ 0 > CITY OF PALM BEACH GARDENS CITY COUNCIL Growth lVlanagement Department Staff Report Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 SUBJ ECT/AGENDA ITEM SP-01-24 - Evergrene Parcels 1, 2 & 7 Consideration of Approval: Resolution 182, 2001, a request by Henry Skokowski of Urban Design Studio, on behalf of Community Finance Company (a subsidiary of Watermark Communities, Inc.), for approval of 320 single-family homes in Parcels 1,2, and 7. The proposed dwelling units will be within the Evergrene Planned Community District (PCD), located between Hood Road & Donald Ross Road, and between Military Trail and Alternate A1A. (25/36-41S-42E) RECOMMENDATION Staff recommends approval of Resolution 182, 2001, which contains conditions of approval. Reviewed by: Principal Planner NA City Attorney Leonard G. Rubin Finance NA Human Res. NA Submitted by: Growth ~ Manag~n~ ~,~ , Directo| V /(" ~ Charles K. Wu, AICP Approved bY:/-O ~ City Manag~.,~/~,~"/ Ronald M. Fe#is/ Originating Dept.: Growth Management: Project ~...~ Manage~r John Linl~ren, AICP Advertised: Date: Paper: ~[~] Not Required Affected parties: [ ] Notified [X] 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 [X]Rec. app. w/conds. 7-0 [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Resolution 182, 2001 ¯ Project Narrative ¯Letters from Pool Contractors ¯Waiver requests and justifications ¯Comparison Chart [ ] None City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24 BACKGROUND The Evergrene PCD, as currently proposed, will have 905 single-family units and 132 multi- family units, and is approximately 365.6 acres in size. The applicant is processing two site plan applications concurrently with the PCD application. Parcels 1,2, and 7 will contain 320 single-family homes on an approximately 85.3-acre site. The narrative written by the applicant describing this project has been attached to this report. LAND USE & ZONING Parcels 1, 2 & 7 are proposed to be zoned Planned Community District (PCD), with underlying zoning of Residential Low Density - 3 (RL-3), consistent with the Master Plan designation of Residential Medium (RM) for Parcels 1 and 7, and Residential Low (RL) Parcel 2. The parcels have a future land-use designation of Residential Low (RL), based on the 2.68 dwelling units per acre overall density of the PCD. CONCURRENCY The type and number of dwelling units within Parcels 1, 2 & 7 are consistent with the approved concurrency for the Evergrene PCD. PROJECT DETAILS DesLqn Guidelines ~ Per requests from the Planning and Zoning Commission and Staff, the applicant has provided design criteria for Parcels 1,2 & 7 (see attachment). The guidelines address the architectural themes and treatments that will be used, as well provisions that will prevent repetitive colors, treatments, and architectural styles. Waivers Residential Low Density- 3 (RL-3) is the requested underlying zoning for the single-family units in Parcels 1, 2 & 7, and is the appropriate zoning designation against which to evaluate the proposed single-family units in terms of consistency with the City’s Land Development Regulations. The following tables (Tables 1 and 2) list the waivers necessary for the 65’ X 120’ lot homes and the 50’ X 105’ lot homes. 2 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24 Section 78-141 Maximum Lot Coverage for RL-3: 35% Section 78-141 Side Setback Facing a Street for RL-3:20 feet Section 78-141 Rear Setback for RL-3:10 feet Section 78-441(c) Plat Approval Prior to Dry Model Permits Section 78-506: Sidewalks on both sides of streets 45% 10 feet (fence/deck) 12 feet (building, pool/spa, & screen/enclosure) 5 feet (pool/spa) 3 feet (screen/encl.) 0 feet (fence/deck) Dry Model Permits Prior to Plat Approval Sidewalk on only one side of the street Yes Yes Yes Yes Yes Section 78-141 Minimum Building Site Area for RL-3: 6,500 square feet Section 78-141 Minimum Lot Width for RL-3: 65 feet 5,250 square feet 50 feet Yes Yes Section 78-141 45%Yes Maximum Lot Coverage for RL-3: 35% Section 78-141 "Yes Side Setback for RL-3:7.5 feet Section 78-141 Side Setback Facing a Street for RL-3:20 feet Section 78-141 Rear Setback for RL-3:10 feet Section 316(j) Minimum Setback from a Preserve: 10 feet 0 feet (fence/deck) 3 feet, 1 inch (building Screen Enclosure) 5 feet, 1 inch (pool/spa) 10 feet (fence/deck) 12 feet (building, pool/spa, & screen/enclosure) 5 feet (pool/spa) 3 feet (screen/encl.) 0 feet (fence/deck) 5 feet (pool/spa) 3 feet (screen/encl.) 0 feet (fence/deck) Dry Model Permits Prior to Plat Approval Sidewalk on only one side of the street Section 78-441(c) Plat Approval Prior to Dry Model Permits Section 78-506: Sidewalks on both sides of streets Yes Yes Yes Yes Yes 3 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24 STAFF RECOMMENDATION Staff recommends APPROVAL of petition SP-01-24 with the conditions contained in Resolution 182, 2001. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop at their October 17, 2001 meeting. On November 13, 2001, the Commission voted 7 - 0 to recommend approval of this petition with the conditions recommended by Staff and the waivers requested by the applicant. CITY COUNCIL The City Council reviewed this petition at their December 20, 2001 meeting. The primary concern was with the proposed building separations between the 50-foot wide lots, and whether this distance was sufficient for mechanical equipment (such as a "Bobcat") access the rear of the lots. In response to this concern, the applicant reconfigured the building footprints on the lots so that a minimum unencumbered distance of 6 feet will exist between all of the homes. The applicant has also provided written verification from three (3) different pool contractors that a six-foot (6’) separation is a sufficient distance for their mechanical equipment to access the rear of the lots and construct pools (see attachments). City Council also voiced concern that the setbacks and lot coverage (45%) created too much intensity on the individual lots. The applicant has revised their waiver requests (see attachment) to further justify the requested waivers regarding the setbacks and lot coverage. The applicant has also provided a comparison table (see attachment) showing how the proposed development compares with the Isles (50% lot coverage), Ballenlsles Parcel 6A - San Marco (45% lot coverage), Bent Tree (45% lot coverage), Mirasol Parcels 1, 2, 5, & 8 (45% lot coverage), and Mirasol Parcels 3 & 4 (50% coverage). g~ohn: sp0124.cc2 4 February 7, 2002 RESOLUTION 182, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF 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; PROVIDING FOR SEVERABILITY; .PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.. WHEREAS, the City has received an application from Urban Design Studio, agent for Community Finance Company, for approval of a site plan for 320 single-family homes within the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, development of the site shall comply with the Design Guidelines for Parcels 1,2 & 7, as more particularly described in Exhibit "B" attached hereto; and WHEREAS, the applicant seeks nine (9) waivers as part of site plan approval for the single-family homes on the 50-foot wide lots, and five (5) waivers for the single-family homes on the 65-foot wide lots; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL) and a future land use designation Residential Low (RI..); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on November 13, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcels 1,2 & 7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for 320 single-family homes within the Evergrene PCD, located City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and/or grantees: 5. 6. 7. 8. o 10. Prior to construction plan approval, fire hydrants (approved by the City’s Fire Department) for all of the dry models shall be installed and operational. (Fire Department). Prior to the issuance of the first building permit, the applicant shall: a. Submit to the City written authorization from the utility owners allowing vertical construction within the 10-foot utility easement as shown on the landscape plan (sheet 1 of 4) and architectural plan (sheet 1). (City Engineering) b. Apply for, obtain, and submit to the City, a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) c. Submit a Drainage Plan to the City that specifies RCP to be used under all load- bearing surfaces. (City Engineering) d. Submit a Temporary Model Parking Lot Site Plan, parking space details, pavement marking details, pavement cross-sections, landscape plan, and photometric plan for an administrative review and approval by the City. (City Engineering) The applicant shall post a letter of credit prior to the issuance of a building permit for the models homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models. (City Engineering) All lighting shall be metal halide. (Police) Landscaping shall not conflict with lighting (including long term tree growth). (Police) A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (Police) Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. (Police) Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and shall be a minimum of 6 inches in height. (Police) The applicant, successors or assigns shall post a notice.of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) The applicant, successors or assigns shall notify all purchasers of the approved design guidelines by including these guidelines in the purchase agreement. (Planning & Zoning) 2 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 11. 12. The applicant, successors or assigns shall prohibit fencing within the side yard setback of the homes. This restriction shall be incorporated within the Evergrene Master Declaration of Covenants, Conditions and Restrictions and shall be recorded in the public record as a restriction against the property. (Planning & Zoning) The applicant, successors or assigns shall require all homeowners to maintain a minimum 6-foot clear corridor, within the side yard setback, which shall be maintained free from air conditioning equipment and landscaping obstructions between all structures. This restriction shall be incorporated within the Evergrene Master Declaration of Covenants, Conditions and Restrictions and recorded in the public record as a restriction against the property. (Planning & Zoning) Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five (5) waivers for the single-family homes on the 65-foot wide lots with this approval: A waiver frorn Section 78-141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is approved for an additional 10% lot coverage. A waiver from Section 78-141 of the City Code, which ,requires a minimum street side setback of 20 feet. The applicant proposes a ten-foot setback for fences and decks, and a 12-foot setback for buildings, pools, spas, and screen enclosures. The waiver is approved for ten feet (fence/deck), and eight feet (building/pool/spa/screen enclosure). A waiver from Section 78-141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a five-foot setback for pools and spas, a three-foot setback for screen enclosures, and a zero-foot setback for fences and decks. The waiver is approved for five feet (pool/spa), seven feet (screen enclosure), and ten feet (fence/deck) for those lots referenced in the site plan dated January 18, 2002. A waiver from Section 78-441(c) of the City Code to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. A waiver frorn Section 78-506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes sidewalks on one side of the streets. The waiver is approved for one sidewalk along streets. 3 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 Section 4. The City Council of the City of Palm Beach Gardens hereby approves the following nine (9) waivers for the single-family homes on the 50-foot wide lots with this approval: A waiver from Section 78-141 of the City Code, which requires a minimum site/lot area of 6,500 square feet. The applicant proposes a site area of 5,250 square feet. The waiver is approved for 1,250 square feet. A waiver from Section 78-141 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 50 feet. The waiver is approved for 15 feet. A waiver frorn Section 78-141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is approved for an additional 10% lot coverage. A waiver from Section 78-141 of the City Code, which requires a minimum side setback of 7.5 feet. The applicant proposes a zero-foot side setback for fences and decks, a 3-foot, 1 inch side setback for buildings and screen enclosures, and a 5- foot, 1 inch :setback for pools and spas. The waiver is approved for 7.5 feet (fence/deck), 4 feet, 5 inches (building and screen enclosure), and 2 feet, 5 inches (pool/spa). A waiver from Section 78-141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a ten-foot setback for fences and decks, and a 12-foot setback for buildings, screen enclosures, pools, and spas. The waiver is approved for ten feet (fence/deck) and eight feet (building/screen enclosu re/pool/spa). A waiver frorn Section 78-141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a zero-foot setback for fences and decks, a three-foot setback for screen enclosures, and a five-foot setback for pools and spas. The waiver is approved for ten feet (fence/deck), seven feet (screen enclosure), and five feet (pool/spa). A waiver from Section 316(j) of the City Code, which requires a minimum setback ten feet from a preserve. The applicant proposes a zero-foot setback for fences and decks, a three-foot setback for screen enclosures, and a five-foot setback for pools and spas. The waiver is approved for ten feet (fence/deck), seven feet (screen enclosure), and five feet (pool/spa). 4 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 A waiver frorn Section 78-441 (c)to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. A waiver from Section 78-506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes sidewalks on one side of the streets. The waiver is approved for one sidewalk along streets. Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows (dates represent the date the plans were received and stamped in): 2. 3. 4. Parcels 1,2 & 7 Site Plans by Urban Design Studio, sheets 1 of 6 through 6 of 6 (6 sheets total), dated January 18, 2002. Landscape Plans by Lucido & Associates, cover sheet and sheet 1 of 6, and sheets of 3 through 6 of 6 (6 sheets total), dated January 14, 2002. Landscape Plan by Lucido & Associates, sheet 2 of 6 (1 sheet total), dated January 18, 2002. Floor Plans, Roof Plan, and Elevations - Single Family I (Minimum 65’X 120’ lot) Watermark Communities, Inc., sheets 1 of 7 through 7 of 7 (7 sheets total), dated November 26, 2001. Floor Plans, Roof Plan, and Elevations - Single Family II (Minimum 50’ X 105’ lot) by Watermark Communities, Inc., sheets 1 of 6 through 6 of 6 (6 sheets total), dated November 8, 2001 Section 6. 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 7. 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 8. 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 9. This Resolution shall be effective upon adoption. 5 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 PASSED AND ADOPTED THIS THE 7th DAY OF FEBRUARY 2002. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Carol Gold, MMC, City Clerk CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/john: sp0124.re2 AYE NAY ABSENT 6 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182,2001 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF THE EAST ONE-HALF OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED A8 FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE NORTH 89°51’14 . WEST, ALONG THE NORTH LINE OF SAID SECTION 25, A DISTANCE OF 1813.15 FEET; THENCE SOUTH 00°08’46" EAST, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°21’39’’ WEST, A DISTANCE OF 151.83 FEET; THENCE SOUTH 89°38’21" EAST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 00°21’39" WEST, A DISTANCE OF 75.00 FEET; THENCE NORTH 89°38’21" WEST, A DISTANCE OF 96.00 FEET; THENCE SOUTH 00°21’39" WEST, A DISTANCE OF 120.00 FEET; THENCE NORTH 89*38’21" WEST, A DISTANCE OF 130.00 FEET; THENCE NORTH 00°21’39" EAST, A DISTANCE OF 55.41 FEET; THENCE NORTH 89°38’21" WEST, A DISTANCE OF 212.33 FEET; THENCE SOUTH 08°43’39" WEST, A DISTANCE OF 37.60 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 357.50 FEET AND A CENTRAL ANGLE OF 15°42’31 ", A DISTANCE OF 98.01 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 06°58’52" EAST, A DISTANCE OF 31.95 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 442.50 FEET AND A CENTRAL ANGLE OF 24007’35", A DISTANCE OF 186.33 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 17"08’43" WEST, A DISTANCE OF 25.13 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 357.50 FEET AND A CENTRAL ANGLE OF 22°15’34", A DISTANCE OF 138.89 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 05"06’51" EAST, A DISTANCE OF 4.54 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 01"04’43" EAST; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 44°07’35", A DISTANCE OF 246.45 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 880.00 FEET AND A CENTRAL ANGLE OF 14°56’49 ", A DISTANCE OF 229.57 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO .THE LEFT; THENCE SOUTHEASTERLY, EASTERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 77°56’48 ", A DISTANCE OF 516.96 FEE’r: THENCE NORTH 46°10’43" EAST, ALONG A NON-TANGENT LINE, A DISTANCE OF 68.51 "FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 51°50’01" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1136.40 FEET AND A CENTRAL ANGLE OF 02°46’05’’, A DISTANCE OF 54.90 FEET; THENCE SOUTH 40°59’11" EAST, ALONG A LINE NON-TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 232.25 FEET TO. THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 90.00 FEET AND A CENTRAL ANGLE OF 04°43’56 ". A DISTANCE OF 7.43 FEET; THENCE SOUTH 47"26’29" WEST, ALONG A NON.RADIAL LINE, A DISTANCE OF 106.93 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 670.00 FEET AND A CENTRAL ANGLE OF 12°17’11 ’’. A DISTANCE OF 143.67 FEET; THENCE SOUTH 15e34’04 " EAST, ALONG A NON-RADIAL LINE, A DISTANCE OF 205.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 355.00 FEET AND A CENTRAL ANGLE OF 18"54’08", A DISTANCE OF 117.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 34°28’11" EAST, A DISTANCE OF 171.80 FEET’; THENCE NORTH 55°31’49’’ EAST, A DISTANCE OF 28.00 FEET; THENCE 7 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 LEG/¢ I:)E~CRIPTION (CONTINUED) SOUTH 34°28’11" EAST, A DISTANCE OF 93.00 FEET; THENCE 8OUTH 30"17’33" EAST, A DISTANCE OF 422.30 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, 8OUTHERLY,AND SOUTHWE8TERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 266.30 FEET AND A CENTRAL ANGLE OF 67°18’19 ". A DISTANCE OF 266.42 FEET; THENCE SOUTH 35°14’67" WEST, ALONGA NON-TANGENT LINE, A DISTANCE OF 39.66 FEET; THENCE SOUTH 42°14’40" WEST, A DISTANCE OF 112.03 FEET; THENCE 8OUTH 45°30’01" WEST, A DISTANCE OF 307.50 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND 8OUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 183.00 FEET AND A CENTRAL ANGLE OF 28°10°44 ", A DISTANCE OF 94.92 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE 8OUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF 8AID CURVE HAVING A RADIUS OF 120.50 FEET AND A CENTRAL ANGLE OF 61*20’23", A DISTANCE OF 129.32 FEET; THENCE SOUTH 27°47’39" WEST, ALONG A NON-RACIAL LINE, A DISTANCE OF 103.70 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE 8OUTHWESTERLY ALONG THE ARC OF 8AID CURVE HAVING A RADIUS OF 475.00 FEET AND A CENTRAL ANGLE OF 07"2§153 ", A DISTANCE OF 61.61 FEET; THENCE NORTH 54"46’28" WEST, ALONG A LINE RADIAL TO THE LAST AND NEXT DESCRIBED CURVES, A DISTANCE OF 2.80 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1690.50 FEET AND A CENTRAL ANGLE OF 03~48’45 ", A DISTANCE OF 111.1~2 FEET; THENCE NORTH 50°5T44" WEST, ALONG A RADIAL LINE, A DISTANCE OF 49.93 FEET; THENCE NORTH 31=54’00" WEST, A DISTANCE OF 96.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 384.00 FEET AND A CENTRAL ANGLE OF 49°13’17 ~, A DISTANCE OF 329.88 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 456.50 FEET AND A CENTRAL ANGLE OF 06°35’28", A DISTANCE OF 52.51 FEET; THENCE NORTH 34°18’02° WEST, ALONG A NON-RADIAL LINE, A DISTANCE OF 123.90 FEET; THENCE NORTH 55°41’5S" EAST, A DISTANCE OF 109.83 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 70°14’32" EAST; THENCE NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 154.00 FEET AND A CENTRAL ANGLE OF 65°15’29", A DISTANCE OF 175:40 FEET; THENCE NORTH 33°23’53 °’ WEST, ALONG A NON-RADIAL LINE, A DISTANCE OF 110.57 FEET; THENCE NORTH 45"30°01" EAST, A DISTANCE OF 205.37 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 79°59’13 ", A DISTANCE OF 69.78 FEET TO THE POINT OF TANGENCY; THENCE NORTH 34°28°111t WEST, A DISTANCE OF 176.51 FEET; THENCE NORTH 55°31’48’1 EAST, A DISTANCE OF 28.00 FEET; THENCE NORTH 34°28’11" WEST, A DISTANCE OF la6.80 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 645.00 FEET AND A CENTRAL ANGLE OF la*s4’oa". A DISTANCE OF 212.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 15°34104" WEST, A DP3TANCE OF 183.93 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 06°15122" WEST; THENCE WESTERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 670.00 FEET AND A CENTRAL ANGLE OF 33°21’25 ", A DISTANCE OF 390.07 FEET TO THE pOINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1170.00 FEET AND A CENTRAL ANGLE OF 14"39’00", A DISTANCE OF 299,16 FEET; THENCE NORTH B9°51~2" WEST, ALONG A NON-TANGENT LINE, A DISTANCE OF 113.35 FEET; THENCE SOUTH 02°55’31" FAST, A DISTANCE OF 57,59 FEET; THENCE SOUTH 01°22’0T° WEST, A DISTANCE OF 176.74 FEET; THENCE SOUTH 75°04’26’° EAST, A DISTANCE OF 121.74 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 06°10151’1 WEST; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 957.98 FEET AND A CENTRAL ANGLE OF 2:0°60’03"; A DISTANCE OF 348.35 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF :369,70 FEET AND A CENTRAL ANGLE OF 40°20’29 ", A DISTANCE OF 260.30 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 22°38’37" EAST, A DISTANCE OF 351.76 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, 8OUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 468.19 FEET AND A CENTRAL ANGLE OF 47=59’11" A DISTANCE OF 382.96 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 25°20’34". WEST, A DISTANCE~ OF 140.59 FEET.TO THE POINT OF 8 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 LEGAl. DESCRIPTION (CONTINUED) CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 33"49’39", A DISTANCE OF 59.04 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 08"29’05" EAST, A DISTANCE OF 120.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 445.25 FEET AND A CENTRAL ANGLE OF 16~21’36", A DISTANCE OF 119.36 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 06°52’31 ", A DISTANCE OF 9.60 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00°00’00" WEST, A DISTANCE OF 95.37 FEET; THENCE NORTH 90"00’00" WEST, A DISTANCE OF 120.00 FEET; THENCE SOUTH 00°00’00" WEST, A DISTANCE OF 140.86 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 12°09’24", A DISTANCE OF 84.87 FEET; THENCE SOUTH 73°64’04’’ EAST, ALONG A NON-RADIAL LINE, A DISTANCE OF 27.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 28"28’32", A DISTANCE OF 136.67 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 45°25’32" EAST, A DISTANCE OF 23.19 FEET; THENCE SOUTH 44°34’28 " WEST, A DISTANCE OF 86.04 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 67°49’33" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 245.00 FEET AND A CENTRAL ANGLE OF 44°11’22 ". A DISTANCE OF 186.96 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 22°00’55" WEST, A DISTANCE OF 259.48 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 285.00 FEET AND A CENTRAL ANGLE OF 85°59’15". A DISTANCE OF 427.72 FEET TO THE POINT OF TANGENCY; THENCE NORTH 71°59’50" WEST, A DISTANCE OF 8.62 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 729.58 FEET AND A CENTRAL ANGLE OF 14°45’54 ", A DISTANCE OF 188.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88°45’44" WEST, A DISTANCE OF 7.43 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 312.00 FEET AND A CENTRAL ANGLE OF 88°08°85’’, A DISTANCE OF 480.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01°23’11" EAST, A DISTANCE OF. 947.23 FEET; THENCE NORTH 75"14’43" EAST, A DISTANCE OF 19.10 FEET; THENCE NORTH 59"47’21" EAST, A DISTANCE OF 32.94 FEET; THENCE NORTH 33°27’32" EAST,. A DISTANCE OF 34.39 FEET; THENCE NORTH 00°04’38" WEST, A DISTANCE OF 25.1)4 FEET; THENCE NORTH 65°27’02" EAST, A DISTANCE OF 9.13 FEET; THENCE NORTH 51°40’47" WEST, A DISTANCE OF 83.98 FEET: THENCE NORTH 00°06’32" EAST, A DISTANCE OF 267.44 FEET; THENCE NORTH 68°24’58" EAST, ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, A DISTANCE OF 64.81 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY .ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1028.88 FEET AND A CENTRAL ANGLE OF 11°09’53 ", A DISTANCE OF 200.49 FEET; THENCE NORTH 01°21’41" EAST, ALONG A NON- TANGENT LINE, A DISTANCE OF 545.97 FEET; THENCE SOUTH 89°51’22" EAST, A DISTANCE OF 68.04 FEET; THENCE NORTH 01"22’07" EAST, A DISTANCE OF 228.05 FEET; THENCE NORTH 02°55’31" WEST, A DISTANCE OF 60,09 FEET; THENCE NORTH 89"51’22" WEST, A DISTANCE OF 63.52 FEET; THENCE NORTH 01°22’07° EAST, A DISTANCE OF 608.05 FEET; THENCE NORTH 05°01’52" EAST, A DISTANCE OF 250.57 FEET; THENCE NORTH 01°22’07" EAST, A DISTANCE OF 251.43 FEET; THENCE SOUTH 89"51’14" EAST, A DISTANCE OF 639.97 FEET TO THE POINTOF BEGINNING. SAID LANDS ALL SITUATE IN PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 85.330 ACRES, MORE OR LESS. 9 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP-01-24: Resolution 182, 2001 EXHIBIT "B" Desi_an Guidelines for Parcel 1, 2 & 7 of the Ever_arene PCD The Architectural Themes shall include: -Mission -Spanish Colonial -Italianate -Tuscan -French Country -Prairie Unifying architectural treatments shall include: -Stucco Wall Finish -Concrete "S" Roof Tile -Decorative Metal Fixtures (Black) -Minimum 2-car garage -Multi-pane front elevation windows -Paneled garage doors No two homes located side by side shall have the same combination of exterior wall and trim color. No two homes located side by side shall have the same combination of architectural style and floor plan. For example, you may have two (2) Tuscan Architectural Themes next to each other, but with different floor plans. Another example is that you may have two (2) same floor plans next to each other, but cannot consist of the same Architectural Themes. Substantial alterations to said elevations shall be approved by the Growth Management Department. 10 PROJECT NARRATIVE EVERGRENE PCD SITE IPLAN APPLICATION FOR PARCELS 1, 2 and 7 SF-1 & SF-2 July 7, 2000 Revised July 13, 2001 Urban Design Urban Planning Land Planning Landscape Architecture Communlcatlon Graphlcs On December 29, 1999, the applicant submitted an application for a Planned Community District zoning. The PCD application, subsequently amended, indicates the proposal of development a unique, high-quality residential community with approximately 905 single family units and 132 multi-family homes. The Evergrene PCD site is a 362.72 acre tract of land located at the southeast comer of Donald Ross Road and Military Trail. The site has a zoning designation of Planned Development Area (PDA) and a future land use designation of RM (Residential Medium). On July 7, 2000, this site plan application was submitted to the City for its review. The original site plan application was for the construction of 543 homes (417 .single family homes and 126 multi-family homes) on approximately 96.03 acres within the (then-named) Parcels 4, 5, 6, 7 8 within the PCD Master Plan. Since that time, several changes have been made to the site plan. Per the request of the City, the Military Trail entrance was relocated. Modifications to the product, lots and phasing were also made. Per the request of City staff,, the original site plan application was divided into two separate applications. This application Contains a total of 320 single farnily homes, which consists of two product types, the SF- 1 and the SF-2. These products are located within the renamed Parcels 1, 2 and 7 of the PCD Master Plan. The SF-1 product consist of a minimum lot size of 65’ x 120’. The site plan contains 144 SF-1 product. All of the SF-1 product type are located on either a preserve area or waterbody. On homes that are located adjacent to a preserve area, it is our intent to keep as much existing vegetation on each of the home sites as possible. The SF-1 product types contain four (4) floorplan options. In addition, there are four (4) elevation options (ltalianate, Tuscan Mediterranean, Spanish Colonial and Mission) in which to chose from. The color and accent materials also contain a variety of options that coordinate with each of the architectural de.signs. The SF-2 product type consists of a minimum lot size of 50’x 105’. The site plan consists of a total of 176 SF-2 product. A majority of the SF-2 product is located on either a preserve or waterbody. The SF-2 dontain four (4) elevation options (Italianate, Tuscan Mediterranean, Spanish Colonial and French ~ountry) in which to chose from. The color and accent materials also contain a variety of options that coordinate with each of the architectural designs. We have included a prototype floorplan for each SF-1 and SF-2 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409.658Z 561.689,0066 561.689.0551 fax Irvine, CA 7t4.489,8131 product. Each of the four elevations options available for each product type have also been included for your review. E.S. UNLIMITED, INC. I025B RIV~R.S[O~ Ol~Iv~, ST~.#|i, PALM @~ACH GAROEN$, ,~,FACSIMILE TRANSMITTAL TO: ....i ~._P // / - ~OM:-" - ~:. -~-, ,’~,.- ~ ~, ~ ’~~.,~F~. ._,/~~ ., ._ ~ ~H~ COMPANY:-" U -- DATE: ~ ~MU~, I~~Y 17, ~02 F~ NUMBER:TOTAL # OF PAGES INCLOD~G COVEE~ co:. SENDER’S ~HONE#; ~ ~N~T 56~-fi~lB~ liE:SENDER’S FAX#: E’V~EN 5~l-T/S-18a6 "=- ’El URGENT r"s FOR ~EVIEW ~ PLEASE COMMENT [] PLEASE REPL~ NOTES/COMMENTS: {)ear Mr, Turna, This is to follow up my conversation wil~ Steve Leonhardt: In regard to p~l consb-uction In existing communities wlt~ previously constructed homes. I am a licensed pool conl;ractor. We have reviewed b~e consizuction drawings end are able to access a rear lot in the provided 6’0" widU1 between the hnuse and property line In order to construct the If you have any questions, please feel free to contact me al: your tanrer|lance. FIOBERT AI.I.ARD I:lOOI- OON’rRAc:’rlNI~ INO, ~ OVeR 7S N,S.Rh AWARDS January 23, 2002 Mr. Jolm Li~dgren - Senior Plann~ ¯ ~ .~vian~emen! Division C~ of Palm Beach C~-~ns I0~00 North Military Trail Palm B~lt Oard~ns, 1~1. 33410 Pool Cons~u~on a.d Access In regard to pool construotion, equipment used to. build a pool (after a home b previoudy coastru~ted) can be accommodated within six (6) feet. I am a licensed pool contractor ~ reviewed the plans provided and can access the mar of the lot with the building 194[~ N,W. 33rd Court 0 Pompano Beach. Florida 33084 0 (~4) 870-0297 ~ FAX: (954) 970-029B ~O’cl 6£:£I: ~,006 Iz~, ue£6601-£ZZ-’IL9£:xe_-I SN3(I~JU9 HDld38 WqU<:I-I3~ 01/23/2~i~2 89:52 S54,-§10-1533 TIrE COIt’[PI.,fTE’POOL COHPANY = Van Kirk Sons, inc. VAHKIRK PAGE (]2 4100 N.W. t201h Avenue e~4.?S,,F44O2Toll Free: 800-741-3911 FI=x: January 23, 2002 Mr. John Lindgren Senior Planner Growth Management Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Pool Construction and Access Dear Mr. Lindgren: In regards to pool construction, equipment used to build a pool (after a home is previously constructed) can be accommodated within six (6) feet. I am a licensed pool contractor and have reviewed the plans provided and can access the rear of the lot with the building seperations provided. Sincerely, CPC 0459,56 9~’A Bq:ql; ZhhZ ~K U~C ~I-q))-Iqq:xe~ ~N~Hq HqH~ ~7HA-T"~11 EVEK RENE PARCELS 1, Z, & 7 SETBACKS SF-65’x120’ Single Family Detached - 146 units Lot Area -Required - Min. - 6,500 s.f.Lot Width - Proposed - Min. - 7,800 s.f. Lot Coverage -Required - Max. - 35% Proposed - Max. - 45%* Required - Min. - 65’ Proposed. Min. - 65’ Building Height - Required - Max. 2 stories/36 feet Proposed - Max. 2 stories/36 feet January 17, 2002 ’/J ZS’20’ (10’ in a Planned (Consistent with Development)Oty P UD .s, tandards) (Consistent with Oty PUD standards) ~~ of 7.5’ or 10%7.5’9’7.5’0’ of lot width 20’12’*12’*12’*10’ ~10’10’10’/5’**10’/3’**10’/0’* ~Waiver Requested ** Waiver request only applicable to lots not abutting upland preserves, C30-C34, D67-D68, El-E2 and FI4-F34 50’x105’ Single Family Detached - 174 units Lot Area -Required - }din. - 6,500 s.f. Proposed - Min - 5,250 s.f.* Lot Width -Required - Min. - 65’ Proposed - Min. - 50’* Lot Coverage -Required - Max. - 35% Proposed - Max. 45%* Building Height - Required - Max. 2 stories/36 feet Proposed - Max. 2 stories/36 feet 25~ ’ (I0’ in a Planned Development) 20’ ~ 10° *,Waiver Requested > of 7.5’ or 10% of lot width 15’ (20’ for garages) (Consistent with City P UD standards) N/A N/A N/A Yl"/6’l 1"*5’1"/8’11 "*3’1"/6’11"’*O’ (10’ building separation) 12’*12’*12i*10’ 10’10’/7’**/5’***10’/7’**/3’***10’/0’**/0’*** ** Waiver request only applicable to lots with a "back-to-back" condition, A12-A26. *** Waiver request only applicable to 10ts not abutting upland preserve, A1-All, A27-A33, D1-D4, D22-D66, and D-89-Dgl; and A37-AS~t, which are lots abutting upland preserve area with an average depth of 50’ along the interior spine roadway. G;\COMMONaJobskParcd4,03-4,06~arc~l 1,2&7~setbackchart-a. 10 1701 .wpd Waiver Justification Evergrene PCD Site Plan Application For Parcels 1, 2 and 7 SF-1 and SF-2 Product Original July 5, 2000 l~evised September 17, 2001 Revised October 31, 2001 ,lanuwT 14, 2002 January 18, 2002 The following is the justification for requested waivers for Parcels 1, 2 and 7 of the Evergrene PCD. ,]TCaivers Lot Coverage. We would like to request a maximum lot coverage of 45%. The maximum lot coverage standard found in the RL-3 zoning district is 35%. This site plan application consists of 46% open space. Each neighborhood within this site plan was designed to maximize contiguous open spaces and place homes adjacent to upland preserve areas. All of the SF-1 product and a majority of the SF-2 product type overlooks a preserve or waterbody. The exterior buffers adjacent to the major arterials range from 70’ to 150’ in width. Careful consideration was made to design the spine road with open space corridors which will allow residents to enjoy the preserves areas via the multi-purpose trail system. By doing this, it is our goal to offset the additional lot coverages through the careful provision of open space corridors and preserve areas. Setbacks. We are requesting waiver for the SF-1 and SF-2 products to allow for a 12-foot side street setback for the building, pool and screen enclosure. This waiver is compatible with the side street setbacks found in the Island Cove (5’) and Arbor Chase (10’) communities within Ballenlsles. " While the RL-3 zoning district requires a 10° rear setback, we request that pools be permitted 5’ from the property line, screen enclosures 3’ from the property line and fences/deck on the property line for the following SF-1 (65’ wide) lots: C30~C34, DG7- DGS, El-E2, and F14- F34. All of these SF-I lots abut up against lake or open space. We will maintain a 10’ rear setback for all structures on all the lots that abut the upland preserve. For the SF-2 lots A27- A33, D l-D4, D22-D66 and D89-D91, we request that pools be permitted 5’ from the property line, screen enclosures 3’ from the property line .and fences and decks on the property line. ¯ All of the above-mentioned SE-2 lots abut open space or a lake. The impacts of these elements are thereby minimized in these conditions. Additionally, SF-2 lots A 12-A26, which have a "back-to-back" condition, we are requesting that pools be permitted 7’ from the rear property line screen enclosure 5’ from the rear property line. For Lots A37-A54, which abut an upland preserve area with an average depth of 50’ along the interior spine roadway, we. are requesting the following rear setbacks: 5’ for pools/spas, 3’ for screen enclosures and 0’ for G:\COIVIMONLlobs~Parcel4.03-4.06Warcel 1.2&7\WaiverJustification~011602.wpd LCC35 fences and decks. Please note that for homes that are located adjacent to a public right-of- way, we have ensured that a buffer no less than 90’ is provided in order to screen the public right-of-way. For the SF-2 product, we are proposing a 3’1" and 6’11" minimum side setback with a 10-foot minimum separation. This side setback waiver is consistent with other approved side setbacks for the Ballenlsles Parcel 21. We are also seeking a 5’1"/8’11" side setback of pools and spas and a 3’1"/6’11" side setback fo screen enclosures. Lot Width/Size. We are requesting a waiver to allow for the SF-2 product to contain a minimum lot width of 50 feet and a minimum lot size of 5,250 square feet. The RL-3 zoning district standardis 65-foot lot width and minimum lot size of 6,500 square feet. Please note that the lot width is consistent with similar projects in the City, such as Eagleton (50’) within PGA National and Coquina Club (50’) within Ballenlsles. The proposed lot allows for a variety in the housing types that will be offered and is a successful and popular product type within the marketplace. Dry Model Permits Prior to Plat Approval. We are requesting a waiver from Section 217 ©) to allow the issuance of building permits for model units prior to the plat being recorded. Section 217 ©) states: "All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to the issuance of a building permit for the subject property." It is the our desire to start construction of 8 model units (indicated on the site plan) immediately upon site plan approval. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no homes could be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition. This request would allow the constn~ction of these model units to begin during the 90 day +/- period after site plan approval while the plat is being reviewed. Sidewalks. We are requesting a waiver in a portion of Parcels 1, 2 and 7, which requires a sidewalk on both sides of the street. Section 78-506 requires that a cul-de-sac with less than 80 lots contain a sidewalk on one side of the street. A majority of the lots within Parcels 1, 2 and 7 contain less than 80 lots around a cul-de-sac. However, the central portion of the site is configured in such a way that there is not a cul-de-sac. Convenient sidewalk connections .have been provided throughout the entire development to allow for access from Parcel to Parcel as well as to the project’s multi-purpose trail. t3:\COMMON~lobsWare¢14.03-4.06kParcel 1.2&7\WaiverJustifieation.011602.wpd LCC35 WAIVER REVISIONS AND COMPARISON FOR EVERGRENE PCD PARCELS 1, 2 & 7 January 14, 2002 Lot Coverage - For 65’ wide lots - 45% lot coverage 35% Code requirement Side Street Setback - 65’ wide lots 12’ for buildings, pool/spa and screen enclosure 20’ Code requirement Lot Width - 50’ wide lots 65’ Code requirement Lot Area - 50’ wide lots 5~250 s.f. 6,500 s.f. Code requirement Lot Coverage - For 50’ wide lots - 45% lot coverage 35% Code requirement Other SF proleets with 45% lot coverage: Mirasol Parcels 1, 2, 5 & ~8 BallenIsles: San Marco Bent Tree The lsles (50% lot coverage) Other SF Side Street setbacks BallenIsles Island Cove - 5’ BallenIsles Arbor Chase - 10’ Other SF Lot Widths BallenIsles Coquina Club - 50’ BallenIsles Island Cove - 45’ PGA Natl. Eagleton - 50’ The Isles - 36’ Bent Tree - 50’ Other SF Lot Areas PGANatl. Eagleton - 4,150 s.f. Bent Tree - 5,000 s.f. Other SF projects with 45% lot cqverage: Mirasol Parcels 1, 2, 5 & i[~ Ballenlsles: San Marco Bent Tree The lsles (50% lot coverage) Side Setback - 50’ wide lots 5’ building setback 2.5’ building setback for Plan 1 7’ pool/spa setback 5’ screen enclosure setback 7.5’ or10% of lot width Code requirement Side Street Setback - 50’ wide lots 12’ for buildings, pool/spa and screen enclosure 20’ Code requirement New Side Setbacks - 3’1" and 6’11’ setbacks - (Minimum 10’ building separation) Deleted 2.5’ building setback for Plan 1 5’1"/8’11" pool/spa setback 3’1"/6’11" screen enclosure setback Other SF side setbacks Mirasol Parcels 2, 5 and ~ - 5’ Pool/screen BallenIsles Parcel 21 - 3’1/6’11" Bldg. - 3’1"/6’ pool - ’ 1"15’ screen The Isles - 3’1" Bldg. Other SF Side Street setbacks BallenIsles Island Cove - 5’ Ballenlsles Arbor Chase - 10’ G:\COMMON’klobs~Pareel4.03-4.06Wareel 1.2&7\waiverrevisionandeom,wpd LCC35 Rear Setback - 50’ & 60’ wide lots 5’ Pool/spa rear setback 3’ Screen enclosure rear setback 10’ Code requirement Sidewalks - Sidewalks on one side of the slreet Cul-de-sacs with less than 80 lots required to have at least one sidewalk Dry Model Permits Prior to Platting Code requires plat prior to issuance of building permit Other SF Rear setbacks Mirasol Parcels 1,2, 5 & ~ - 3’ Pool/Screen Ballenlsles Grand Isles - 5’ Pool - 5’ Screen Ballenlsles Coquina Club - 5’ Pool - 5’ Screen San Michele - 5’ Pool/Screen Mirasol approved to construct models within parcels prior to platting G:\COlvlIVlONkIobs~Parcel4.03-4.06AP arcel 1.2&7\waiverrcvisionandeom.wpd LCC35 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 7, 2002~ Date Prepared: January 22, 2002 Subject/Agenda Item: Resolution 1,2002, approving a request by the PGA National Property Owners Association to amend the PGA National Traffic Control Agreement to limit vehicular access to PGA National to residents only between the hours of 6:00 PM and 6:00 AM daily. Recommendation/Motion: The City Council should consider the request from the PGA National Property Owners Association and City staff concerns about connectivity before making a motion to approve or deny Resolution 1, 2002. Reviewed by~------~ City Atto rne~.,~.~ Finance Costs: $ N/A Total Originating Dept.: Planning Division Other -/~-~ Current FY Gro~vth Mgt. Director Advertised: Date: Paper: [ X ] Not Required Affected parties City M’a’-nal~e~,/’[ ] Not required Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved w~ conditions [ ] Denied [ ] Continued to: Attachments: 1. Resolution 1, 2002 ~aw~Oette~ ~om PGA nal J~ropet~y.rs/~ssoclauon 3. Traffic Control Agreement (5-7-86) 4. Resolution 24, 1990 5. Letter from PGA National Venture, Ltd. 6. Letter from Northern Palm Beach County Improvement District 7. Resolution 156, 2001, regarding the Traffic Summit [ ] None PGA National Traffic Agreement Meeting date: February 7, 2002 Date prepared: January 22, 2002 BACKGROUND: The PGA National Property Owners Association has submitted a letter dated July 19, 2001 (copy attached), requesting the City amend the PGA National Traffic Control Agreement to limit access to that community to only PGA National residents from 6:00 PM to 6:00 AM daily. Governmental and emergency vehicles would be exempt from this restriction. Currently, the security personnel at the guard gates may not prohibit access into PGA National under the Traffic Control Agreement signed by the City. The City of Palm Beach Gardens; PGA National Venture, Ltd., the developer of PGA National; the Northern Palm Beach County Improvement District; and the PGA National Property Owners Association executed the existing PGA National Traffic Control Agreement (copy attached) on May 7, 1986. The agreement addresses the operation of the guardhouse information booths and traffic access into and out of PGA National. All of the four parties to the agreement will need to execute the amendment for it to be effective. In this regard, letters of no objection from PGA National Venture, Ltd., which controls the commercial portion within PGA National, and from the Northern Palm Beach County Improvement District, which has jurisdiction over all the roads within PGA National, have been provided with this request. Copies of these letters are attached. Therefore, since the other party to the agreement is making the request, the only party to the agreement that has yet to take a position is the City. The PGA National Traffic Control Agreement has been previously amended one time. City Resolution 24, 1990 (copy attached), passed on March 1, 1990, authorized the Mayor to sign amendment to the agreement to allow the guard gates to be left in a down position 24 hours a day, every day. This amendment allows the general public to pass through the gates, "except for persons asking information or situations appearing to the guard to be suspicious." Prior to this amendment, the original agreement required the guard gates to stay in an open position between the hours of 6:00 AM and 10:00 PM every day. A principal reason for the current request is a concern about increased criminal activity during evening and early morning ("night time") hours. However, data to substantiate this concern have not been provided by the PGA National Property Owners Association. STAFF ANALYSIS: The Northern Palm Beach County Improvement District ("Northern") has jurisdiction over all the roads in PGA National, including Ryder Cup Boulevard. This jurisdiction is based on the fact that the construction of these roads was financed by that agency. As Northern is a special taxing district, PGA National Traffic Agreement Meeting date: February 7, 2002 Date prepared: January 22, 2002 the roads in PGA National are not required to be open to the general public and, therefore, may be gated. Ryder Cup Boulevard and other roads within PGA National will remain under the jurisdiction of Northern if access to non-residents is restricted between 6:00 PM and 6:00 AM. Ryder Cup Boulevard is also designated as a segment of Jog Road on the Palm Beach County thoroughfare plan. However, Palm Beach County currently has no jurisdiction over this roadway because it has not been conveyed from Northern to Palm Beach County. The conveyance of this roadway may be requested by Palm Beach County in the future. The City Council should consider the concerns of staffregarding this request. First and foremost, the proposed closure of access to PGA National during evening and early morning hours is contradictory to the results of the Northern Palm Beach County Traffic Summit. One major recommendation from the summit is to maintain and increase connectivity. The main reasons for this recommendation are: (1) to allow the distribution of vehicles on existing arterials, and (2) to consider hurricane evacuation during times of emergency. According to the Traffic Summit results (summary attached), gated communities are contrary to the objective of increased connectivity. In addition, allowing gates on collector or arterial roads, such as Ryder Cup Boulevard, may establish an undesirable precedent that may lead to similar requests in other areas of the City, such as when Haverhill Road was gated in Steeplechase. Furthermore, staff is concerned this request would allow further full public access restrictions in the future. PUBLIC NOTICE: The PGA National Traffic Control Agreement or city and state regulations do not require public notice of the proposed amendment to the agreement. The City staff has requested that the PGA National Property Owners Association provide a courtesy notice to all of the owners of property within PGA National. In response to this request, the PGA National Property Owners Association has mailed such a courtesy notice. The City staff has also notified County Commissioner Karen Marcus, District One, in writing of this request. She has responded that a copy of the request was forwarded to the County Engineer, and that comments from Palm Beach County should be submitted to the City by January 29, 2002. STAFF RECOMMENDATION: Staff recommends that the City Council weigh the applicant’s request and the staff’s concerns, and take the appropriate action. g:\sc\txt\pgatrafagree011702 3 January 24, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 1, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE PGA NATIONAL TRAFFIC CONTROL AGREEMENT IN ORDER TO LIMIT VEHICULAR ACCESS BETWEEN THE HOURS OF 6:00 PM AND 6:00 AM TO RESIDENTS ONLY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City, PGA National Venture, Ltd. (referred to herein as the "PGA Developer" and referred to in the below cited section of the Agreement as "PGA National"), Northern Palm Beach County Water Control District (now known as "Northern Palm Beach County Improvement District") and PGA Property Owners Association, Inc. (the "POA") entered into a traffic control agreement on May 7, 1986, which was amended on March 1, 1990 (the "Agreement"); and WHEREAS, the Agreement provides for the operation of traffic control gates and guardhouses within the community of PGA National; and WHEREAS, the Agreement provides, in Section 2(a)(3), as follows: Any of the operational details regarding the guard house information booths on the major loop roads are and shall be subject to change, from time to time, based upon requirements of the City or by the request of the POA and PGA National for consideration by the City Council. The City Council shall consider the operational changes at a regular meeting and shall authorize the City Manager to notify the POA and PGA National of any changes by letter. and WHEREAS, the POA and the PGA Developer have requested a revision to the operational details such that, between the hours of 6:00 p.m. and 6:00 a.m., the POA may elect to have the guard houses permit access to the major loop roads within PGA National only to: (a) residents of PGA National, guests of residents, governmental and emergency ~ "~January24,2002 vehicles, guests of the Resort Hotel, employees of the Resort Hotel, Golf Club, Tennis Club, Members Club, Devonshire, and the property management companies for any Homeowner Associations or Condominium Associations within PGA National (with proper identification); and (b) all vehicles in emergency or evacuation situations as may requested or declared by City, County or State governmental authority; and WHEREAS, the City Council has determined that such a change to the operational details would benefit the City by providing increased security to the residents of PGA National. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. The foregoing "whereas" clauses are herby ratified as true and confirmed, and incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves and adopts the amendments contained in Exhibit "A" attached hereto and incorporated herein by this reference. Exhibit "A" amends that certain agreement dated May 7, 1986, as amended by Resolution 24, 1990, on March 1, 1990, pertaining to the operation of certain guard house information booths and operational details concerning the traffic control gates used in conjunction therewith, said facilities being located within the PGA National Planned Community District. Section 3. The Mayor and City Clerk are hereby authorized to execute, on behalf of the City, the amendment to the PGA National Traffic Control Agreement as set forth in Exhibit "A." Section 4. Other than as set forth herein or deleted hereby, the terms of the Agreement, as amended, shall remain in full force and effect. Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective on adoption. Resolution 1,2002 2 January 24, 2002 INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2002. JOSEPH RUSSO, MAYOR ATTEST: CAROL GOLD, CMC CITY CLERK APPROVED ASTO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILWOMAN FURTADO COUNCILMAN SABATELLO Resolution 1, 2002 3 SECOND AMENDMENT THIS SECOND AMENDMENT is made and entered into this day of ., 2002, by and among the CITY OF PALM BEACH GARDENS, FLORIDA ("City"), PGA NATIONAL VENTURE, LTD. ("PGA National"), NORTHERN BEACH COUNTY IMPROVEMENT DISTRICT ("District") (formerly known as Northern Palm Beach County Water Control District), and PGA PROPERTY. OWNERS ASSOCIATION, INC. ("POA"). WHEREAS, the parties have previously entered into that certain Agreement dated May 7, 1986 ("Agreement") and that certain Amendment dated March 1, 1990, which collectively, among other things, related to the conveyance of legal title to certain roads within PGA National Resort Community in Palm Beach Gardens, Florida ("Project") to the District and the operation of certain guard house information booths on Tournament Boulevard, Avenue of the Masters and Ryder Cup Boulevard, including operational details concerning the traffic control gates; and WHEREAS, the POA, with the approval of PGA National and the District, has requested that the City approve restricted access through the traffic control gates, between the hours of 6:00 pm and 6:00 am, under operational details as set forth in this Second Amendment; and WHEREAS, the parties hereto now wish to document their understanding and agreement with respect to the restricted evening access under the terms and conditions set forth herein. NOW, THEREFORE, based upon the mutual covenants contained herein and other good and valuable consideration exchanged between the parties, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: hereof. RECITALS. The foregoing recitals are true and correct and form a part 2.AMENDMENT TO AGREEMENT. a. Paragraph 2.a.2) of the Agreement (as previously amended) is hereby further amended to state in its entirety as follows (additions to prior language are underlined, and deletions are oL, ,~.,,~,, L, ,,,~,u, ,). "2) The POA shall have the right and authority to cause the automatic traffic control gates at each of the gate house information booths within the Project to be closed and in a down position on a twenty-four (24) hour per day basis, three hundred sixty-five (365) days per year, including all days of leap year. Other than between the hours of 6:00 pm to 6:00 am, traffic will be allowed to pass through uninterrupted, except for persons asking information or situations appearing to the guard to be suspicious, in which event the guard shall take notice of the license plate of the vehicle and then contact the POA and/or the City Police Department. Further provided that in the event there is a back up or accumulation of traffic as a result of the security gates being in a down position, that such gates will be opened so as to facilitate the flow of traffic and avoid any such traffic back up. In order to keep traffic flowing on a smooth basis and to avoid traffic back ups, both ingress traffic lanes shall be operational and in use at each gate house information booth at all times. Between the hours of 6:00 pm and 6:00 am, the POA may elect to have the guard houses permit access to the major loop roads within PGA National only to: (a) residents of PGA National, guests of residents, governmental and emergency vehicles, guests of the Resort Hotel, employees of the Resort Hotel, Golf Club, Tennis Club, Members Club, Devonshire, and the property manaqement companies for any Homeowner Associations or Condominium Associations within PGA National (with proper identification); and (b) all vehicles in emergency and/or evacuation situations may be requested or declared by City, County, or State governmental authority. In order to enhance awareness of the traffic gates being in a down position, a sign shall be installed at each entr~ to PGA National indicating that there is a "Stop Ahead" and such sign will include a blinking red light. The light pertaining to this sign shall be designed in such a way that it is recessed or enclosed within a protrusion so as to be visible to on-coming traffic, but be shielded from any homes adjacent to the road rights-of-way. ~,_.,.:_ ~_,,,-.,, ......:.,. .... 3. NO OTHER CHANGES. Except as specifically set forth herein, the Agreement (as previously amended) shall remain in full force and effect as originally written. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day and year first above written. CITY OF PALM BEACH GARDENS NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT BY:BY: JOSEPH RUSSO, MAYOR ATTEST: CITY CLERK PETER L. PIMENTEL, EXECUTIVE DIRECTOR PGA NATIONAL VENTURE, LTD., a Florida Limited Partnership BY:NATIONAL INVESTMENT COMPANY, General partner PGA PROPERTY OWNERS ASSOCIATION, INC. BY:BY: E. LLWYD ECCLESTONE, CHAIRMAN PHILLIP LYDDON, PRESIDENT LAW OFFICE OF GARY D. FIELDS (,561) 625-1200 ADMIRALIY TOWER ¯ SUITE 700 4400 PGA BOULEVARD PALM BEACH GARDENS, FL 33410 FACSIMILE (561) 625-1259 E-MAIL: gdflaw@bellsouth.net November 7, 2001 Via hand delivery Steven B. Cramer, AICP Growth Management ~ City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Re: Guardhouse Modifications at PGA National Dear Steve: Enclosed please find the following regarding the above referenced project: 1. Check for Application Fee ($1,500); 2. Completed Development Application; 3. Proposed Resolution Modifying the PGA National Traffic Control Agreement (with copies of original agreement and prior amendment thereto); 4. Letter from Northern Palm Beach County Improvement District, confirming that the District has no objection to the proposed new traffic control procedures; 5. Letter from PGA National Venture, LTD, confirming its approval of the proposed resolution; 6. Copy of plans showing physical changes proposed for the four affected guardhouse/gate areas. Please have the ~’;"’ o~ "-"~*o’-+ this office regarding any issues or additional items needed related to this application. Thank you for your assistance. GDF:hs (enclosure) pc: Dawn Levinstein RY D. FIELDS NO"~’HERN PALM BEACH COUN’-~ IMPROVEMENT DISTRICT 357 ~’T DRIVE, PALM BEACH GARDENS, FLORID,~18 ¯ 561-624-7830 o FAX 561-624-783S} July 19, 2001 Attorney Gary D. Fields Admiralty Tower 4400 PGA Boulevard, Suite 700 Palm Beach Gardens FL 33410 Re:PGA National Gates Unit Development No. 11of Dear Mr. Fields: Please be advised that at the May 23, 2001 regular Board meeting, the Northern Board approved a Resolution of No Objection with regard to limiting access into PGA National between the hours of 6:00 p.m. and6:00 a.m. to only: (a) residents of PGA National, guests of residents, governmental and emergency vehicles, guests of the Resort Hotel, employees of the Resort Hotel, Golf Club, Tennis Club, Members Club, Devonshire and the .property management companies for those homeowners associations within PGA National (with proper identification); and (b) all vehicles emergency and/or evacuation situations as may be requested or declared by the City, County or State governmental agencies. If you have any questions or require additional information regarding this matter please do not hesitate to contact this office. PLP/vbl Peter L. Pimentel Executive Director NAZI. oNAL INVESTMENT C01~.. ~ANY POST OFFICE BOX .3267 WEST PALM BEACH, FLORIDA 33402 LLWYD ECCLESTONE CHAIRMAN TELEPHONE 561 /686-2000 561/686-5553 October 22, 2001 The City of Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: PGA National - Resolution to Modify Traffic Control Agreement Dear Sir or Madam: PGA National Venture, Ltd., is the "PGA Developer" under that certain traffic control agreement entered into the City of Palm Beach Gardens on May 7, 1986, and subsequently amended on March 1, 1990. PGA National Venture, Ltd., hereby confirms its approval of the attached Proposed Resolution prepared by PGA Property Owners Association, Inc., and request that the City of Palm Beach Gardens adopt said resolution and amend the subject traffic control agreement accordingly. Sincerely, PGA National Venture, Ltd. National Investment Company, general partner .E. Llwyd Ecclestone, Chmrma8 ~Y-IO-O~ l~:1B FRO~-ECC~ESTONE ORGANIZATION 5616B6BBB3 T-164 p.O~/]3 F-SOT .-u’r,.. "rS AN ACP.~t~NT made and entered into Chin 7~:h day of M~ ...., 1986 by and amonS the CI~ OF ~ National"), the ~O~ ~ ~ CO~ WA~ CO~OL DIST- RICT ("blscricC"} end the PGA ~OPER~ O~RS ASSOCIATION, INC. ("POA") ~ss~ ~~, the le~a~ ~i~le ~o Avenue of ~he ~pions, Ryder Cup Boulevard, Tou~ent Boulevard, Medalls~ Avenue, Avenue of the Masters and Coventry Lane Is presently hel~ 5y the Distrier~ ~S, the POA now wishes ro eons~=uet ~a~ house i~o~at~on boo~hs on s~e of ~e rights of way o~ed by the Disrrlct a~ the foll~ng loca~i~s: (i) on Tq~ame~Z yard, wes~ of Avenue of the ~pi~s; (2) at ~he ~ort~ Ryder C~p Boulevard, app~ox~ee~y. 295 feet sou~h, of ~he rlght-of-way llne of PGA Bouleva~ and (3) on Avenue ~s~ers, eas~ of A~enue of ~he ~1ons. ~e appzox~te location of each being as depleted on the sketches attached hezeuo and made a paz~ hereof; and ~E~S, ~he parties hereto wish ro pzovld F for the rerour- InN of a portion of Craemoor Terrace and Aln~ck Road wlth~n Ehe Project In the ~nner herelnaf~er s~ated so the enerances such roads off RydeT Cup Boulevard would lie sou~h of the proposed locatlon for the Info~atlon booth ~o be constructed ~he north end of Ryder Cup Boulevard, provided cer~aln condl- tlons are met, including replattlng a portion of certain plats; and ~REAS, ~he parties wish to further se~ forth their agreement with respec~ ~o providing an alternaEe security gate system at Alnwlck Road and Graemoor Terrace In the event the ~roposal ~o rezo~te traffic from rhone ~o streets cannot mplemen~ed; and ~ER~S, the par~es wish to set forth ehelz undersrandlng and agreement wi~h respect to Ehe construction, operation and maintenance of ~ard ho~se info~azion boozhs aE ~he Project. NOW, ~E~FO~, based upon ~rual covenants contained herein and other good and valuable consldera~ion exchanged be~een the parties, IE is hereby agreed as follows: I. RECITALS. ~e foregoing recitals are ~rue and correct and fo~ a~reof. 2.OPE~TION OF ~ ~0U$E I~O~TION BO0~8. a. ~e followlng s~ll apply with respec~ to the ~ard house Info~a~ion booths ~o be constructed a~ zhe north end of Ryder Cup Boulevard, on Tou~ent Boulevard near Avenue of che Ch~plons, on Avenue of ~he Masters at Aven~,e of ~he ~plons and as ~o ~he exis~in E 5ooth at ~he south end of Ryder Cup Boulevard near North Lake Boulevard: I) They ~11 have proper ~d adequate lightenE ~ slgnage to facillrare traffic and glenn ¯nzo~aclonal assls~ee. Ked lights will be 040986 Ix/DHS 1~¥’10-00 10:16 FROM-ECCI =oTONE ORGANIZATION 5616865553 lnsta~ed on the a~ms of’ all. gates rot e3.ear v~s~b~lity when the gates are 2) They wil1 have mechanical gates the~ w~11 stay open between the hours of 5:00 a,m, and lOgO0 pomo (or such other tIees as ~a¥ be mutually agreeable ¢o the City and ~he POAL du~lng which ~]me tLc wll~ be allowed to pass through uninterrupted, excep$ for persons as~dng ln£ot~at~on or s~tuat~ons appearing to the guard to be suspi- cious, ~n which eyen~ the guard shall take note of the l~cense of the vehicle and then contact the POA and/oT the Clty Po~ce Depa£t~nen t o 3) There will be loop censors 3nstalled in the streets enabling ove~ a des~g~te~ point ~abltng ~ngzess ~¢ween t~ ~uzs of p.m. and ~zOo a.~. Th~s teethe ~1 ~ve an ovez~Jde ~echan~ the guard ~uses. The t~attJc gates w~11 be cZosed ~u~ng ~u~s o~he~ than be~we~ 6:00 a.m. and 10~00 p.~. foz su~ o~he~ L~es as ¯ a~ be mutually agreeable to the C]~ and the P~ ~. R~l~ts have Tes~d~ deca~ ~o be placed ~ the f~on¢ w~sh]e~d o~ ta~s and the gua~ ~11 op~ ~he ~¢es as such resoles ~p~oaoh ZO=~ p,m, ~o 5:00 a,m. C~ty, County ~d Sta~e ofrlc~a~ ve~cles 4) As to vehlc]es ~teT~ng ~#t~ut a decal before &=O0 a.m. attez ~0:00 p.m., the guard ~11 ask ~he des~ina~Jon and passage, The guard shall ~ve the z1~ht to telephone ot otherwise notify any Tes~d~t of a guest who ~s p$es~t to v~sJt such $es~dent. Zn the event of an~ activity reasonably de~d to be suspicious the guaTd, the POA security w~2 attar to ~n~to~ such s~tuat~ thTough one of }~s ~t~ol ca~s and notlfy th~ City PolJ~e ~pa~ent, dep~d~ng on cJ~c~stances. ~ ) Any or Che ope~atl~na~ detat~s ~ega~dlng the guaTd ~use intonation ~ot~ ~ the ~Jo~ loop ~oads a~e ~d s~11 be subject to c~nge, f~ t~e ~o t~¢, based ~on ~e~uI$~ts of ~h~ C~ty o~ by the ~equest of the P~ an~ PGA Na{~l f~- ~Stde~at£~ by the C~t~ Cb~nc~1, ’’The C4~y co~c~na~ ~n~a~ t~e~e~atz~aZ Chan~ at a ~e~ula~ me~n~ an~ sha~ aUt~ze the d~ty ~naoe~ the P~ ~d PGA’ ~J~al or’ ~y c~h.Ees _b~-!~tteT.- 6] At ~ch of the guard ~uses there will be two lan~ tot ~raff~c ~te~ing the PToJect with the ~t~e tight lane specifically marked ~o~ ~, EXZ~TZ~ ;~ mUS~ ~NFO~TZ~ BOOTH ON A~N~ OF T~ C~ZONS. The POA an~c]pa~e~ us]ng ~he ex]s~t~’~a~d ~e ~nto~l’~" ~oth of the C~pto~s ~iy duz~nO specla~ ev~ts a~¢e~ ~e t~e that the othe~ guard house ~ntot~ton booths ~n~la~ed heteby ~ec~e ~etat~onal, The C~ty Po~c¢ ~ar~t ~E use th~s ~venue ot the Ch~p~ons facility ~ot ot~c~al purposes. The POA ~s the T~gh~ to ~ov~ such guard ~use at ~2 tJ~e ~ the future. 4. AVOIDZNG ~FE T~FFEC CONDZTZONS. Zn connection ~l~h all of the guard ~use infor~¢ion"~boo~hs ahd" gates, in the event of heavy ~rafflc ~e~e vehicles are backed ~ caus~g ~teasonaHe or ~safe condlt/~s or Hocking trattl~ on P;~ ~ulevard, North Lake ~ulevard ot Argue of the Ch~pi~s, the guards wll~ be tnsttucted, upon ~equest of the City Police D~ar~m~t or ~he POA, to open the gates and pe~1t traffic to floe so as to avoid unreasonable congestion and ~safe conditions. MAY-IO-OO 10:17 ~RO~..~CCLP~TON~ ORGAniZAtION BBI68855B3 T-~64P.0?/13 F-B07 5. HOUR5 OF OPERATION. Znlt~a21y, each of the guard houses, with the exception o--f r f,/~ Jn~rCh ’l~tton on Ryder Cup ~oulevard~ w~1~ be operat:Lonal twenty-four (24J hours pe~ day afte~ constructZon ~a C~mpletecL AFter the north guard I~use on Ryder Cup Boulevard is constructed, ~he POP w~11, at the request of the City, cause such facll~ty to be opened and ~nned on a four (24) hours baals. Ourlng such t~e that the facility at the north end of Ryder Cup Boulevard ~s not open twenty-four (24) hours a day and there ,Ls a fence or gate at PGA ~oulevard and Ryder Cup 8~ulevacd, such fence or gate be constructed in such a ~anner that w~11 pez~fft entry by police, flre, and othe~ e~e#gency vehLcles which can ~ake such entry by re~ov~J~g t.he barrier o~ drZvlng through lt~ or by any othe~ ~eans to gain entry ]J~ carrying out their duties and authority Js hereby specJf£ca]ly g~anted to the City for such pose and procedure w]~h no obligation on the pa~t of the C£ty to pay fo~ or Ins~aJl ropatrs to the Fence or gate ~n connectlon wtth such entry. 6. PAL~ ~-ACH C~UNTY. ~f ~n the FutuTe ~he D~stz£ct ~equ~ed ~ convey the ~ht~f-way ~o~ RydeT C~ ~ulevazd to Pa~ ~ach C~ty ~Ot such road to be ~cluded wtthfn the Co~t~ toad sys¢~ as a po~tJ~ of ~9 RoaG, 1? and ~ Pa~ ~ach County ~ p~ated to ext~d ~ Road ~o~th, then the pa~tles hereby acknow]edge that ft~ ~d after ~he date of such conveyance the guard ~use ~Fo~tlon ~ot~ ~ Ryd~ Cup ~u~eva~O ~y be c~osed at the request of Pa~ ~ch Co~ty ~d ~ J~ga~ be ~e~atlonaJ. the desks of the P~ and P~ Natlonal t~t the ~e~ Cup ~ulevaTd way noc ~e donve~e~ ~o P~ ~ach Co~n~y an~ ~ ~he PO~ be ~e~t¢~ operate the 9uatd ~use ~o~¢~ boot~ as ~g as t~ dens ~es~ab~e the bes~ ~e~t O? the m~be~s of Lhe P~. 7. P~fE.N~ENT OF, PORTZON OF PLATS,.. The pa~ties agree that subJecC to other provlslons of ~hts Agreement relating to a ~eplat of Plats 3 and ~, por- tions of Plats 3 and 4~ as he~eJnafte~ defined, s~]l be t~lat~ed so as to Te~oute a poctJon of G~a~o~ Terrace anG A]nw~ck Road through Lot 171 Of Plat 4 and 126 of P~at 3 ~ a ~nnet as depicted on the Sketch attached hezeto o~ a ~nne~ substantially similar thereto acceptable to the pa~ties hereto, so ~hat the location of such ~g~ess and e~ess connect~ with Ryder ~ulevacd w111 be south of the 9uaTd house ~nfo~t£on booth to be ~nsttucted at the north ~d of Ryder Cup ~u]evaTd. The ~IattJng and construction work cont~late~ by the patties In ~nnectlon with ~hJs A@Te~t Is subject to and contingent upon the following: a.The ablltty of the POA to be able to acquire tlt~e to Lot 12g,PGA Resort Con~nlty P~at ~, Plat Book 37, pages ~70-182, Public Recor~ or Pa~ ~ch Co~ty, Florida (~lat 3")~ and the ability of the POA to be able to acqu]~e tltle to Lot 372 of PG~ Resort C~1ty Plat 4, Plat ~ok 40, pages 190-19~, Pub~]c Re~r~s of Pal~ ~ch Co~ty, F]o$tda [ *’Plat 4"], ~o~ a purchase p~lce an~ unde~ te~ and ~ndit~ons acceptable to b. Approval of a11 property owners ownJng zeal property located on Plnwfck Road and Graemoor Testate, and thel~ mortgagees, if nece.ssa~y, consenting to a replat Of a portion of ~he aforesaid Plats ~ and ~, and their subsequenCly stgnJn9 a teplat ot othez document required ~n connection wlth the replat; c. Appzoval of the Butwjck H~eowners Assocfation, Znc, and Che Harlwood Homeowners l~ssoclatton, Inc., the POll, PGP National, the City and the District. FRO~ECCL~QNE ORGANIZATION T-164P.08/13 F-507 d. I£ and When all approvals a~d conditions of A~reemen~ have been met, ~Ch respec~ to She replay, and acquisition of said Lots 126 and 171 has been coml}leted, actual eous~c~£on and related ~ork may be eo~me~ced by the POA ~o £~plement the re~ou~ing of Alu~ck ~oad and Graemoor Terrace. 8., ALTERNATE PLAN Y0a SEC~I~ GATES ~T ~I~ R0~ G~O~R TE~E. Z~ the ~venc ~he ’~opo~"’~o ~mend ~ ~f Plar~ ~ "a~d ~ ro rero~e a porrio~ of ~he riches-of-way of Alnwic~ goad 8nd Graemoor Terrace to Ryder C~p 18 not pllshed either because_ all proper~y o~ers o~In 8 real proper~y on ~hose s~ree~s fall ~o consen~ within a reasonable ~e, because ~he P0A was u~able ~o gcqulre ~i~le ~o the two lots referred ~o ~n paragraph 2. hereof, under ~e~s and acceptable ~o it, or b~ca~se, of any other reason pTevenEin8 ~plemen~ation of ~hs~ plan, then, In ~ha~ even~, ~he agree ~ha~ a system of elec~ronlc ga~es can be ~nsealled on Alnwick Road and Graemoor Terr.ce nea~ Ryde~ Cup Boulevard ~o be operated by a key card and loop sensor sysre~ ~th an override s~rch ae ~he Ryder Cup ~oulevard north ~srd house info~a~ion booth. 9. A~~ TO HOLD ~ESS. In Ehe event anv lawsuit Is brought ~ ag~ins~ r~e C~y’~ Disc~’~cr or PGA ~aEional ~y anyone In connection w~zh Ihe ~ard house Info~aelon mechanical ~a~es, opersrlon ~hereof or rela~ing to any olher provislo~ of this Agre~enr, ~he POA a~ees Io defend a~d hold ha~less ~he Ci~y, Dis~rlct and PGA National, and IEs and ~heir agents, consultants and staff, fr~ and a~alnsr any such claims, suits, expenses and cosEs ~ela~ing thereto, Includi~8 fees and courE cos~s through any appellare procedlnEs. I0.GE~ PROV~SYONS. .a. ~is aEreemen~ represents ~he entire unders~and- in~add a~reemen~ ~e~een the parries wleh respect ~o this subJec~ ma~er and supercedes all o~her ~ego~ia~ions, ’~dersrand~nss and representations, If any, made by and 5erween the parEies. 5, ~18 a~reemeu~ may no~ be amended, supplemented, waived or changed orally bu~ only by ~It~en s~ned by all par~ies. c. No parry shall have ~he right ~o assign iEs ri&hts or obligations hereunder without prior ~Itten consent of all other par~les. d. ~is agreemen~ ~s binding upon ehe part~es hereto an~ ~helr respective legal represe~aEives, successors and perjured e, Any notlcea, ~eques~s or consents or o~her co~nlcat~ons required or pe~cced under ~his eEreemenc shall be ~n~Itin 8 and e~her personally delivered or sene by re.tar U.S. ~11 co the las~ kno~ address of ~he par~les or Eo any o~her eddress as a par~y may hereafter designate ~y~i~en f. ~e headings contained in ~hls agreement are convenience of reference only and shal~ no~ llmi~ oChe~se affec~ in any way ehe meanln8 or Interpretation of ~hls agreement. 8. If any pate of rhls agree~n~ or ~y oEhe~ agreemenE entered ~n~o pursuant hereEo IS =on~rary ~o, -4- ~Y-IO-O0 I0:18 FRO~-ECCV "NE ORGANIZATION 5618885BB3 " ~64 P.09/l~ F-BOF regulation, such provision shall be om£tte~ to the extent so contrary, prohibited oz invalid, but the remainder hereo~ shall not be irrvalida~ed thereb~ and shall be siren full ~o~ce and effect as far as possible. h. Th~s agreemen~ shall be ~overned and construed aeeordin~ to che internal laws of the State o~ Florida and veh~e of all proceedinSs in connec~ion herewith shall be exclusively £n Palm Beach County, Florida. hands and seals the day and year flrsc above wrftten. ~clEI~OF, the parties bare l~ere£uto ~et thei~~ , WITNESSES : PGA~ATIOK~L VEI~q~E," LTD’, a Florida Limited Partnership BY:NATIONAL INVESTHENT COHPAMY, ~ts Manag~ng~ President ~ CONTROL DISTRICT FROM-ECCLESTONE ORGANIZATION ’r-184 P.04/l~ F-SOT ._~ tar7 z/, J.~JU RESOLUTION 24, 1990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING T~AT CERTAIN AGREEMENT DAT~.D MAY 7, 1986, WHEREIN THE CITY WAS A PARTY PERTAININe TO THE OPERATION OF CERTAIN GUARD HOUSE INFORMATION BOOTHS AND OPERATIONAL DETAILS CONCERNING THE TRAFFIC CONTROL GATES USED IN CONJUNCTION THEREWITH, SAID FACILITY BEING LOCATED WITHIN T~E PeA NATIONAL RESORT COM- MUNITY, A PLANNED COMMUNITY DISTRICT; AND, PROVIDING FOE THE REPEAL 0F ALL RESOLDTIONS OR PARTS OF RESOLUTIONS IN GONFLICT HEREWITH~ AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE I~ RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. The City Council of the City of Palm Beach Gardens, Florida, hereby approves and ~dopts the amendments contained ~n Exhibit "W’ attached hereto; said Exhibit "A" amending that certain agreement, dated May 7, 1986, wherein the City was a party pertaining to the opera%ion of certain G~ard House Information Booths and operational details concerning Bhe traffic control gates used in conjunction therewith, said facility being located within the PGA National Resort Community, a Planned Community District. Section 2. The Mayor and City Clerk are hereby authorized Eo execute on behalf of the City the agreement described in Exhibit Section 3. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. Section 4.This Resolution shall be effective upon date of passage. MAYOR " ATTEST APPRO’.,."E9 AS TO FOR:~I AND Unit of Dev~&o~t NO, 11 ~E~ME~ THIS IS AN AMENDMENT made and entered into as of this L..~day of (~.~Z._¢-t,,~.. ,, 1990 by and among the CITY Of’ 9~I.,M, BI~AC}I SARDI:NS, FLORIDA ("City") , PGA NATIONAL VENTERE, LTD. ("PGA National") , N~RTKE.RN PALM RRKCH COUNTY WATZR CONTROL DISTRICT ("District"] and PGA ~ROPERTY OWNERS ASSOCIATION, XNC. ("POA"). W~{EREAS, the parties hereto have previously entered into that certain Agreement dated May 7, 1986 (,Agreement") which, among other 5hings, related to the conveyance of legal title to certain roads within PGA National Resort Com/~unity in Palm Beach Gardens, Florida ("Project") to the District and the operation of certain guard house information booths on Tournament Boulevard, Avenue of the Mas~ers and Ryder Cup Boulevard, including operational details concerning the ~raf~ic control gates; and WHEREAS, the POA and PGA National have requested that the City and the District approve the lowering of the security gates a~ the aforementioned gate house informasion booths ~n a tWenty~four (24) hour basis under operational details as set forth in ~his Amendment; and ~EREAS, the parties hereto now wish to documenu their understanding and agreement with respect to the closing of the aforesaid security gates under the terms and conditions se~ forth herein. NOW, THEREFORE, based upon the mutual covenants contained herein and other good and valuable consideration exchanged between the parties, the receipt and adequaoy of w~ich are hereby acknowledged, it is agreed as follows: i. REC~. The foregoing recitals are true and correc~ and fol~ a part hereo~. 2.AMENDMENT.. TO .AGp~EMRNT. a. Paragraph 2.a.2) of the Agreement is hereby deleted in its entirety and the following is substituted in lieu and in place thereof: "2) The POA shall have the right and authority te cause the automatic nraffic control gates at each of the gate house information boot~s within the Project to be closed and in a do~ position on a twenty-four (24) hour per day basis, three hundred sixty-five (365) days per year, including leap year. Traffic will be allowed to pass through uninterrupted, except for persons asking infor~ation or situations appearing to the guard to be suspicious, in which event the guard shall ~ake notice of the license pla~e of the vehicle and then contact the POA and/or the City P~lice Department. Further provided that in the event ~here is a back up or accumulasion of traffic as a result of the security ga~es being in a down position, that such gates will be opened so as to facilitate the flew of traffic and avoid any such traffic Deck up. In order to keep traffic flowing on a smooth basis and to avoid traffic back ups, both ingress traffic lanes shall be operational and in use at each gate house information booth a~ all times. ~n order to enhance awareness of the traffic gates being in a down position, a sign shall be installed at each entl-y to PGA National indicating that there is a "Stop 2~%ead" and such sign FROM-EC~’=STONE ORGANIZATION 5616865553 ~-164 P.03/13 will include a blinking red light. The light pertaining to this sign shall be designed in such a way that it is recessed or enclosed within a protrusion so as to be visible to on-coming traffic, but be shielded from any homes adjacen~ to the road rights-of-way. The POA shall be able t~ provide informational maps at each of the gate house information booths ~o be handed out to persons seeking information about the locations of various communities within PGA National Resort Community, or persons otherwise seeking~nformation about model sales centers and/or community sales centers." b. Paragraphs 2.a.3), 4) and 6) are hereby deleted their entirety ~nd paragraph 2.a.5) is hereby renu~ered to be paragraph ~.a.~). 3. NO OTHE~ C~..~ES. Except as specifically set forth herein, the Agreement shall remain in full force and effect as originally written. ~N WITNESS WHEREOF, the parties have set their hands and seals as of the day and year first above written. PGA NATIONAL %’ENTIRE, LTD., a Flerida Limited Partnership BY: NATIONAL ~NVESTMRA’T COMP~~-~ Managing Partner /~ ~ Steven A. Tendrich President NORTHERN PALM BE~61H COUNTY WATER CONTROL DISTRICT gerslake, President Board of Directors PGA PROPERTY OWNERS RSSOCTATTON, INC. E. LIW~d Ecelestone, dr. President 2 O~ober 19, 2001 RESOUTION 156, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE RESULTS OF THE NORTHERNPALM BEACH COUNTY TRAFFIC SUMMIT CONDUCTED IN THE CITY OF PALM BEACH GARDENS ON MARCH30 AND 31, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has taken a leadership r01e in address!ng existing and potential traffic congestion in Palm Beach Gardens and adjacent areas; and WHEREAS, in coordination with Palm Beach County and the Town of Jupitei’, the City of Palm Beach Gardens hosted the Northern Palm Beach County Traffic Summit on March 30 and 31, 2.001, which was attended by local officials representing various local governments and other groups in northern Palm Beach County and southern Martin County; and WHEREAS, the City of Palm Beach Gardens formally supports the recommended policies that resulted from the traffic summit and is working with the other communities in this area to implement those policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. The City Council hereby supports the "Summary of Results" from the Northern Palm Beach County Traffic Summit, as indicated in the attached Exhibit "A." The top four problems identified in these results are connectivity, land-use patterns, level of service and modes of transportation. Section 2. The City Council hereby acknowledges that the above problem areas are conceptual and have different relevance to individual projects based on the design parameters of the specific project. ........................... Section 3 ..... The results ofthe traffic summit shall be.used as-a plarming tooland policy statement, but neither the adoption of this document by the City Council nor the inclusion of any statement within this document is intended to amend, alter or modify the existing comprehensive plan or ordinances of the City of Palm Beach Gardens. Any such changes necessary to implement the results of the traffic summit would require subsequent adoption in accordance with the applicable procedures required by the City Charter and Florida law. Section 4.This resolution shall become effective upon adoption. Resolution 156, 2001 1 ¯ ,~"’ October 19, 2001 PASSED AND ADOPTED THIS ATTEST: C~O~,GOI~6,~MC CITY C~;ER~ DAY OF ~,~..~ 2001. AND SUFFICIENCY: LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO AYE NAY ABSENT g:\sckresol\trafsummit Resolution 156, 2001 2 EXHIBIT "A" NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT SUMMARY OF RESULTS SUMMARY All traffic problems discussed fell into five categories: Community Character Connectivity Land Use Patterns Level of Service Modes of Transportation The five top problems identified in each category were as follows: Community Character:. Lack of Connectivity Mass transit not used or accepted Existing power lines Lack of pedestrian bike paths between neighborhoods No intergovernmental coordination Connectivity: Gated communities with single entry Lack of pedestrian paths between neighborhoods Lack of optional routes Resistance to connectivity Not enough east/west corridors Land Use Patterns: Connectivity Disincentives for collaborative work Resistance to connectivity General separation of land uses Low-density development creates greater distances Level of Service Uniform countywide level of service encourages sprawl ...........Constricted roadway at lower level.of service (CRAL~) Lack of connectivity Disincentives for collaborative work Defining reasonable standards for capacity Modes of Transportation Lack of funding Lack of meaningful bus service Lack of optional routes Cars needed to perform routine tasks Mass transit not used or accepted NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT, MARCH 30 & 31, 2001 FINAL REPORT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 7, 2002 Date Prepared: January 22, 2002 SUBJECT/AGENDA ITEM Recommendation for approval of Resolution 15, 2002: A request by the Forbes Company, owner of the Gardens Mall, to consider and approve a site plan petition for the addition of two restaurants to the Gardens Malli. The addition for the two restaurants (P.F. Chang’s and Tuscan Grille) will take place next to the Burdines Department Store on the south side of the mall. The Gardens Mall is located on PGA Boulevard (Blvd.) between AIt. A-1-A and Prosperity Farms Road. RECOMMENDATION Staff recommends approval of Resolution 15, 2002 with conditions. Reviewed by: City Attorney~ Finance NA ACM Human Res. NA Other NA r~owlitt~d_ by.;.. ~ j Ih Management Director Appro~;~._.. City Originating Dept.: Growth Management Advertised: Date: , Paper: [X] Not Required Affected parties [X] Notified [] Not Required Costs: $,~ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Resolution 15, 2002 ¯ Exhibit A ¯ Site Plan ¯Landscape Plan ¯Architectural Drawings ¯Application [ ] None City Council Meeting Date: February 7, 2002 Date Prepared: January 22, 2002 Petition SP-01-40 REQUEST The Forbes Company, owner of the Gardens Mall, is requesting approval of a site plan within a Planned Community District (PCD) for the addition of two restaurants (P.F. Chang’s and Tuscan Grille) to the Gardens Mall, next to the Burdines Department Store on the south side of the mall. The total square footage of the addition consists of 10,903 square feet. BACKGROUND On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by Resolution 9, 1984. The DRI has been approved for a mixture of land uses consisting of retail, office, hotel, residential, open space, and community use. The Development Order currently permits the development of 1,440,000 square feet of retail (1,390,000 square feet exclusively for the Gardens Mall), 1,210,000 square feet of office (business), 356,150 square feet of hotel (419 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The Development Order has been previously amended six times. Currently, there is a pending NOPC to the Development Order of the Regional Center DRI. (The NOPC proposed by Catalfumo Development and Construction mainly seeks to simultaneously convert various land uses and increase the total square footage of the retail use approved for the DRI by 200,000 square feet.) The Gardens Mall has 83,726 square feet of commercial space remaining from the 1,390,000 square feet originally approved for the mall by the City Council when the DRI was approved. PROCEDURE This is a request for a major site plan review within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. LAND-USE AND ZONING The future land use designation of the subject site as reflected on the City’s Future Land Use Map is Commercial (C). The zoning classification of the site is a PCD with underlying zoning of Commercial. 2 City Council Meeting Date: February .7, 2002 Date Prepared: January 22, 2002 Petition SP-01-40 The subject site’s land use designation on the Master Plan of Development (Map H) of the DRI is Retail/Office/Hotel. Please see Tables 1 and 2 for additional land-use and zoning information and consistency with the City’s Land Development Regulations (LDRs). PROJ ECT DETAILS Building Site The site for the proposed addition is on the south side of the Gardens Mall and adjacent to the Burdines Department Store. The two restaurants will consist of a total of 10,903 square feet. The proposed addition is a replacement to two restaurants that opened with the mall totaling 14,533 square feet, which was 3,630 square feet more than what is currently proposed. Site Access Circulation The proposed location for the restaurants can be directly accessed through two driveways leading to and from Fairchild Gardens Blvd. and Kew Gardens Blvd. Phasing The project is proposed to be developed in one phase. Architectural Style The proposed architectural style of the buildings presents a different architectural theme than the currently existing one. However, it appears to positively add to the prestige of the mall. Landscaping The existing, affected landscape area on the south side of the mall will be reconfigured to accommodate the expansion. This will result in shifting the existing parking area south of the proposed location for the two restaurants slightly further south. New curbs, crown islands, and landscape islands will replace existing ones. Elimination of existing, affected parking spaces is not proposed. Parking No additional parking spaces are proposed for the addition, since the mall has 196 parking spaces over and beyond the 6,586 required when the mall was approved. The number of parking spaces required for the two restaurants is 117, which is 38 parking spaces less than what the previous restaurants required, based on Section 180 of the City’s LDRs. City Council Meeting Date: February 7, 2002 Date Prepared: January 22, 2002 Petition SP-01-40 Accordingly, the mall will have an access of 234 parking spaces over and beyond what is required. Two proposed drop off areas, one for each restaurant, are proposed at the new curbside to accommodate customers using valet parking. This should not affect the availability of parking, since the mall will have an access of 234 parking spaces. The applicant addressed a potential pedestrian/vehicular conflict created by the proposed drop off area for the valet parking in front of the mall entrance. This was done by shifting the eastern drop off area further" east and away from the entrance. S~clna_qe The applicant is requesting approval for six wall/tenant signs for the two restaurants, three wall signs for each restaurant. The petitioner is entitled to have two tenant signs, one tenant/wall sign for each restaurant. Therefore, the applicant is seeking two waivers to allow the additional four wall signs, two for each restaurant. Sign Waivers Sign Code Provided Waiver Recommendation Flat/wall sign for Section 78-285: Three signs Yes: two signs Approval the Bistro Tuscan One for each Grille restaurant structure Flat/wall sign for Section 78-285:Three signs Yes: two signs Approval the P.F. Chang’s One for each China Bistro structure restaurant Drainage The applicant will use current and existing drainage conditions/pattern on site. Comments from the Development Review Committee (DRC) Planning and Zoning Division The Planning and Zoning staff and other DRC members raised no concerns with respect to this petition. However, the applicant prior to obtaining building permits will address minor comments raised during the DRC review. Please see DRC comments attached. City Council Meeting Date: February 7, 2002 Date Prepared: January 22, 2002 Petition SP-01-40 Police Department The Police Department raises no concerns, except standard comments to improve security for the general public (comments are attached). City Engineering City Engineer’s office did not raise concerns, except minor comments. PLANNING AND ZONING RECOMMENDATION On January 8, 2002, the Planning and Zoning Commission reviewed the subject petition and with a vote of 7.-0 recommended approval with conditions. STAFF RECOMMEIDATION Staff recommends approval for Petition SP-01-40 and the two waivers with conditions. G:Talal/SP-01-40-p&z-strl 02Table 1: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS EXISTING USE= Subject Property Retail North Residential South Public and commercial uses East Professional office and residential uses West Professional office uses ZONING Planned Community District (PCD) with underlying General Commercial (CG) zoning PCD with underlying Residential High (RH) General Commercial (CG) and Institutional (I) PCD with underlying High Residential (RH) and Professional Office (PO) Professional Office (PO) LAND USE Commercial (C) Residential High (RH) Commercial (C) Professional Office (PO), and Public (I) Residential High (RH) and Professional Office (PO) Professional Office (PO) Table 2: SITE ANALYSIS AND CONSISTENCY WITH CODE Code Requirement Maximum Density/Intensity for: General Commercial = 35% lot coverage Minimum Building Site Area for GC: 1 Acre Minimum lot Width for: GC = 100 feet Maximum Building Height for GC: 36 feet Front Setback for GC: 50 feet Side Setback for: GC = 10 feet Side Setback Facing a Street for: GC = 40 feet Rear Setback for: GC = 15 feet Required Parking: 1 space per 150 square feet and 1 space per 250 for restaurants Proposed Plan 32% 100.4 acres > 100 feet 26 feet Consistent? Yes Yes Yes Yes > 50 feet Yes > 10 feet > 40 feet > 15 feet Mall has 196 spaces provided over and beyond min. required Yes Yes Yes Yes RESOLUTION 15, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN APPLICATION FOR TWO RESTAURANTS WITHIN THE GARDENS MALL TOTALING APPROXIMATELY 10,903 SQUARE FEET, LOCATED WITHIN THE REGIONAL CENTER DRI ALONG PGA BOULEVARD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERAB~LITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from the Forbes Company, owner of the Gardens Mall, for approval of a site plan for two restaurants, located within the mall along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks two waivers as part of site plan approval; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of General Commercial (CG1)and a future land use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, on January 8, 2002, the Planning and Zoning Commission recommended approval of the site plan petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for two restaurants totaling approximately 10,903 square feet within the Gardens Mall, located within the Regional Center Development of Regional Impact along PGA Blvd., more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: Prior to issuance of Certificate of Occupancy, the applicant shall demonstrate that all strike areas of perimeter doors are equipped with a reinforced, casehardened strike plate (Building). Resolution l 5, 2002 Prepared On: January 22, 2002 Prior to issuance of Certificate of Occupancy, the applicant shall demonstrate that glass perimeter doors are equipped with case hardened guard rings to protect the mortise lock cylinder (Building). 3.Prior to issuance of Certificate of Occupancy, the applicant shall demonstrate that an alarm system for each restaurant is installed (Building). 4.All screen walls shall be of the same material as that of the building exterior and painted to match the existing trellis (Planning and Zoning and Building). 5.The metal trellis shall be of the same material and color as the existing trellis over the entry (Planning and Zoning). 6. All roof top equipments shall be screened from view (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following two waivers with this approval: 1.Section 78-285, permitted signs, to allow for two additional wall/flat signs, with the maximum of one sign on any elevation, for the Bistro Tuscan Grille; and 2.Section 78-285, permitted signs, to allow for two additional wall/flat signs, with the maximum of one sign on any elevation, for the P.F. Chang’s China Bistro. Section 4. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: 1.Site Plan, JPRA Architects, Revised on January 30, 2002, Sheet C-300; 2.Existing Master Drainage Plan, JPRA Architects, Revised on October 6, 2001, Sheet C-400; 3.Parking Lot Landscape Plan, JPRA Architects, Revised on January 30, 2002, Sheet L-l; 4.Entrance Landscape Plan, JPRA Architects, Revised on January 30, 2002, Sheet L -2; 5.Site Plan, JPRA Architects, Revised on November 8, 2001, Sheet SP - 1; 6.Composite Floor and Plaza Plans, JPRA Architects, Revised on January 22, 2002, Sheet SP - 2A; 7.Roof Plan, JPRA Architects, Revised on January 16, 2002, Sheet SP - 3; 8.Exterior Elevations, JPRA Architects, Revised on January 16, 2002, Sheet SP - 4; 9.Building Sections, JPRA Architects, Revised on January 16, 2002, Sheet SP- 5; 10.Proposed Signage, JPRA Architects, Revised on January 3, 2002, Sheet Sign 1. 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. Resolution 15, 2002 Prepared On: January 22, 2002 Section 6. If any clause, section, other part or application of this Resolution is held by a court of competent jurisdiction to be invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF February__,2002. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Carol Gold, MMC, City Clerk CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT G:Talal/SP-01-40-re 3 November 26, 2001 The Gardens Mall Restaurants Narrative The Gardens Mall P.U.D., approved in 1984, allows for the construction of up to 1,390,000 square, feet of gross leasable retail floor area. To date we have built 1,306,274 square feet of the allowed retail use. We now want to construct 10,903 square feet from the .remaining allowed entitlements. To accommodate two additional restaurants that will compliment and serve our retail tenants, customers and employees, as well as the employees of the office buildings recently built within the regional center. These two quality, full-service restaurants may also be a destination for the residence of Mar Flores apartments, "The Grande" (Kolter Development), and all residence of the North County. 3101 PGA Boulevard Palm Beach Gardens, FL 33410 561.775.0510 Main 561.630.7297 Fax THE FORBES COMPANY December 10, 2001 Mr. Charles Wu, AICP Mr. Talal M. Benothman, Senior Planner ~ity ~f-~iiim ~each Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Restaurants at the Gardens Mall - Palm Beach Gardens, FL Gentlemen: As requested in our rneeting this afternoon, the square footage for the two restaurants that opened with the mall, that have since closed, are as follows: L & N Seafood - 6,039 s.f. Polo Grill (Changed name to Beaches shortly after opening) - 8,494 s.f. Should you require additional information please do not hesitate to call me. I look forward to continuing on the schedule we discussed which is: December 13 th - Meeting (approval) by DRC - submit to P&Z January 8th - Planning and Zoning Approval - Submit to City Council Februa~, 7 th - City Council Approval : As I explained to you, it is imperative that I meet this schedule in order to turn over the building shell to the restaurant tenants for their build-out by July 1st. If at any time you think the schedule is in jeopardy, please call me immediately. Sincerely, THE F~Y Thomas P. Cairnes Director of Planning & Construction TPC/kj cc:G.T. York R. Warner 1~/05/2001 15:44 FA~ 2487370432 JPRA ARCHITECTS ~ JOBSITE/FORBES 002 CITY OF PALM B~CH GARDENS DEVELOPMENT APPLICATION Reouest Plaulng and Zoning Divisloa Growth Mauagement .Department 10500 N. Military Trail, Palm Beach Gardeut, FL 33410 (561) 799-4243 FAX (561) 799-4281 Planned Community District (PCD)Annexation [~ Planned Unit Development (PUD)[-’1 Rezoning I~ Ameridment to PCD, PUD or Si.te Plan [’-] Conditional Use l~Sitc Plan Review (Major) Sit* Plan I~cview (Minor) Amendment to the Comprehensive Plan [--] Concurrenoy Certificate l’-! Time Extcmion Other (Explain).[-I Administrative Approval Project Name ~e?-~,,$’/#l(f~.--~’~7~~ Date /f_c~,-- Petition Number: Application $ FOR OFFICE USE ONLY Date & Time Received: Receipt Number:. Date Application Complete: Applicant (ffnot Owner):. Agent (if not Owner):. Agent, s Mailing Addrc~: ~ Telephone Numbe~. ] .~: 44 Z4873704,3Z ,IPRA ARCHITECTS -~,lOBS 1 TE/FORBES Ig] 003 Site Information: General Location:_ ^ dre=:( Township:~’~-~.Section: ~Range: Curr~nt Zoning:R.cquested Zoning: Current Comprehensive Plan Land Use Designation Existing Use: ~c~,’~/¢Kequestext Land Use: Proposed Use (s) i.e. Hotel, single family residence, ere:" ~ Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): Ow~ler: Applicant (if not Owuer):, Agent (if not Owner):. Agent,s Mailing Address: Agent’s Telephone Number:. __-~FAX Numbe~.- A.mifitect’s Telephone Number:. ~__.~- 7~7- ~/f~gFAX Number:~tf~g- Engineer’s Telephone Number:. Planner:. l J/U~)/ZOUJ J~:q~. I~ Z4/J-/~J’]IJ4~JZ .II’HA ARCHITECTS ~r JOBSITE/FORBES ~004 Explanation: . Information ~neer~g all ~ (A~h ~ ~ sh~ ifn~) {~cle ~, Div~ion ~ S~fions 23,24~6, of ~d Development Rc~atio~ . 1~ ~I~ ~e o What will be the impact of the proposed ch~ge on the surrounding area? ~J~sb¢:~ ¯ 3 1,1/05/2001 15:44 FA~ 2487370432 JPRA ARCIIITECTS -" JOBSITE/FORBES [~005 Dcscn’be how the re.zoning request complies with the City;s Vision Plan and the following elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Ho.using, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intcrgovemmental Coordination and Capital Improvement. How does the proposed project comply with City requirements for preservation of Na .tm-al resourc~ and native vegetation {Division VIL Landscaping, Land Development Regulations. } 4 How will the proposed project Comply with City requirements for Art.inPublic Places7 {Division V, Public Places, Subdivision I, Land Development Regulations.} 6. Concurrency Certification? Date Received: ~1/05/2001 15:45 FAZ 2487~70432 JPRA ARCHITE~I’S ~ JOBSJTE/FORBES ~007 Legal Description of the S,ub]ect Property (Attach additional sheets if needed) The subject property is located appmximately~ inter~ection of .,Z)~6~- ~&=’~//’) .,~ on ~he ~.north, [-] south, ~ west side of ~" Property Conlaol Number(~) of the ~bject parcel(s): 11105/2001 15:45 FAX 2487370432 JPRA ARCHITECTS -,JOBSITE/FORBES ¯ ~oo8 Aovlicant’s C~rdfteation I/We affirm and ceztify that I/we understand and will comply with the land developmem regulations of the City of Palm Beach Gardens, Florida. I/we further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, I we understand that this application, attachments, and application filing fees become a part of’the official records of the City of are not returnable.Palm Beach Crardens, Florida, and ~ Applicant is: gnature o Print Name of Applicant ~10ption~ Strect Address City, State, Zip Code [-]Agent Telephone Number [~]Contract Purcka.~r Fax Number PRA ARCHITECTS ~/111111111111111111111111111111/’1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIl~J \\\\\\\\\\\\\\\\\\\\\\\\\\\\\~.J KEW GARDENS -~ e c I ’ I // |’~ JPRA ARCHITECTS ?. Z JPRA ARCHITECTS Tile P#,!.itl 8EAOt ~$, FLOeI)A Z ?. ?. CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 SUBJECT/AGENDA ITEM TXT-01-08--Floodplain Management Ordinance First Reading of Ordinance 1, 2002: A City-initiated request to enact a flood damage prevention plan that conforms with the National Flood Insurance Act of 1986, as amended, and to adopt floodplain management regulations that meet the standards of the National Flood Insurance Program, which include the repeal of Ordinance 4, 1987 and existing regulations; the revision of Section 78-523, "Design Storm"; and the provision of a new Subdivision VI in Division 9 of Article V of Chapter 78 of the City Code of Ordinances entitled "Floodplain Regulations." RECOMMENDATION Staff recommends approval of Ordinance 1,2002. Reviewed by: Principal Planner "~ Talal Benothm~ff~ City Attorney / Leonard G. R~I~ Finance NA Human Res. NA Originating Dept.: Growth Management: Project ~Manager Kara Irwin Submitte( by: Director j . Charles K. Wu, AICP Approved by~ j/~’,/¢,,~ City ianag~[~~.-’~ Ronald M. Fe#is / Advertised: Date: Paper: Palm Beach Post . [~] Not Required Affected parties: [ ] Notified [ X] Not Required FINANCE: NA Costs: $ Total $. Current F¥ Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w! conditions [ ] Denied [X ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯Ordinance 1,2002 ¯Letter of Notice [ ] None City Council Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition TXT-01-08 INTRODUCTION In 1968, Congress created the National Flood Insurance Program (NFIP) in response the rising cost of taxpayer funded disaster relief for flood victims and the increasing amount of damage caused by floods. The NFIP makes Federally backed flood insurance available in communities that agree to adopt and enforce floodplain management ordinances to reduce future flood damage. The National Flood Insurance Program’s (NFIP) Community Rating System (CRS) implemented in 1990 as a program for recognizing and encouraging community floodplain management activities that exceed the minimum NFIP standards. The National Flood Insurance Reform Act of 1994 codified the CRS in the NFIP. Under the CRS, flood insurance premium rates are adjusted to reflect the reduced flood risk resulting from community activities that meet the three goals of the CRS: (1) reduce flood losses; (2) facilitate accurate insurance rating; and (3) promote the awareness of flood insurance. There are ten CRS classes: class 1 requires the most credit points and gives the largest premium reduction; class 10 receives no premium reduction. The CRS recognizes eighteen (18) different activities organized under four categories: Public Information, Mapping and Regulations, Flood Damage Reduction, and Flood Preparedness. There are now over 900 communities receiving flood insurance premium discounts based on their implementation of local mitigation, outreach, and educational activities that go well beyond minimum NFIP requirements. While premium discounts are one of the benefits of participation in CRS, it is more important that these communities are carrying out activities that save lives and reduce property damage. Currently, the City of Palm Beach Gardens is not a participating member of the National Flood Insurance Program’s Community Rating System Program. BACKGROUND On July 18, 2001, the City participated in a Community Assistance Visit (CAV) with the regulating agencies, Federal Emergency Management Agency (FEMA) and the Florida Department of Community Affairs (DCA). In order to be eligible to submit an application, the City is required to revise the Floodplain Ordinance and Land Development Regulations to meet the current National Flood Insurance Regulations. Once the City adopts the Floodplain Ordinance, the Federal Emergency Management Agency and the Department of Community Affairs will support the City’s application for the NFIP Community Rating System Program. 2 City Council Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition TXT-01-08 FLOODPLAIN ORDINANCE In 1987, the City adopted the Floodplain Management Ordinance (Ordinance 4, 1987), which among other things set a 1.5’ freeboard requirement to meet the National Flood Insurance regulations. A freeboard is an additional amount of height to the Base Flood Elevation (BFE) for the finished floor to provide a factor of safety. However, due to various concerns raised by developers and homeowners at the time, the City has been enforcing the South Florida Water Management District finished floor elevation requirement and the FEMA Flood Insurance Rate Map Base Flood Elevation (BFE), whichever is greater. Among other problems, it appears that the 1.5’ freeboard requirement created a hardship on the ability for development to preserve open space, which is an important policy in Palm Beach Gardens. The City has currently been enforcing the criteria set forth in the Land Development Regulations Section 78-523, "Design Storm," which requires all finished floor elevations to meet the 100 year flood elevation per the FEMA Flood Insurance Rate Map or the 100 year / 3 day, assuming zero discharge, enforced by the South Florida Water Management District, whichever is greater. These regulations were adopted on July 20, 2000, by Ordinance 17, 2000, which repealed any previously adopted ordinance provisiohs that were in conflict. Although the Floodplain Management Ordinance (Ordinance 4, 1987) remains in effect, the adopted Land Development Regulations supercede the freeboard requirements. A revised ordinance has been drafted to meet the current National Flood Insurance Program regulations and will include a revised freeboard of no lower than one-half foot above the base flood elevation or the South Florida Water Management District zero discharge finished floor, whichever is greater. The ordinance is now consistent with South Florida Water Management District Regulations, which prevents flooding during the 100- year storm, assuming there is no outlet for discharge from the site. EFFECTS OF THE FLOODPLAIN MANAGEMENT ORDINANCE Freeboard The revised Floodplain Ordinance will repeal the previously adopted Floodplain Ordinance (Ordinance 4, 1987), which set strict standards on the finished floor elevations for development within the floodplain. After adoption of the revised ordinance, a revised freeboard will be enforced of no lower than one-half foot above the base flood elevation or the South Florida Water Management District zero discharge finished floor, whichever is greater. The revised freeboard is less restrictive than the one set by the previously adopted ordinance, but more restrictive that the current Land Development Regulations finished floor requirement. During the past 15 years, all development within the Special 3 City Council Meeting Date: February 7, 2002 Date Prepared: January 16, 2002 Petition TXT-01-08 Flood Hazard Area has met or exceeded the one-half foot freeboard by following the 100 year/3 day, assuming zero discharge, enforced by the South Florida Water Management District. Elevation Certificates The Building Division currently requires all development to provide elevation certificates from an engineer or surveyor prior to issuance of a Certificate of Occupancy. The revised ordinance requires an elevation certificate only from development within the Special Flood Hazard Areas (SFHA). Discount on Flood Insurance Communities that participate in the Community Rating System are able to obtain premium discounts ranging from 5 percent to a maximum of 45 percent which will be applied to every policy written in a community as recognition of the floodplain management activities instituted. Review by FEMA and State DCA The proposed ordinance is based on the boilerplate format generated by FEMA, which meets the basic requirements for acceptance into the National Flood Insurance Program. The proposed ordinance has been reviewed and given preliminary approval by Rose Austin, FEMA Region IV Coordinator, and Charles Speights, State DCA Flood Insurance Program Planning Manager, who conducted the Community Assistance Visit. COMMENTS FROM THE DEVELOPMENT COMMUNITY Late last year, staff forwarded a copy of the proposed ordinance and a letter requesting feedback to forty plus developers, consultants, and various development agents. The letter explained the procedure for adoption and gave 30 days to review and comment. This time period expires on January 31,2002. Currently, staff has not received any negative feedback. LAND DEVELOPMENT REGULATION COMMISSION WORKSHOP On January 8, 2002, the Land Development Regulation Commission held a workshop to review the proposed floodplain management ordinance, Ordinance 1, 2002. The Land Development Regulation Commission discussed the effects of the ordinance as well as the benefits to the City. On January 22, 2002, the Land Development Regulation Commission recommended approval of Ordinance 1,2002, with a vote of 6-0. 4 Date Prepared: December 17, 2001 Meeting Date: February 7, 2002 ORDINANCE 1, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE ENACTMENT OF A FLOOD DAMAGE PREVENTION PLAN TO CONFORM TO THE NATIONAL FLOOD INSURANCE ACT OF 1986, AS AMENDED, AND THE ADOPTION OF FLOODPLAIN MANAGEMENT REGULATIONS THAT MEET THE STANDARDS OF THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR REPEAL OF ORDINANCE 4, .1987 AND EXISTING REGULATIONS; PROVIDING FOR THE REVISION OF SECTION 78-523, "DESIGN STORM"; PROVIDING FOR A NEW SUBDIVISION VI OF DIVISION 9 OF ARTICLE V OF CHAPTER 78 OF THE CITY CODE OF ORDINANCES ENTITLED "FLOODPLAIN REGULATIONS," PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes ("Municipal Home Rule Powers Act"), the City has the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the City Council finds that: (1) the flood hazard areas of.the City Palm Beach Gardens are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public safety and general welfare; and (2) these flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages; and WHEREAS, the City Council hereby determines that the adoption of revised and comprehensive floodplain management regulations is the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 SECTION 2: The City Council hereby repeals Ordinance 4, 1987 in its entirety. SECTION 3: The City Council hereby amends section 78-523, "Design Storm," of Subdivision V, "Drainage and Stormwater Management," of Article, V, "Supplementary District Regulations," of Chapter 78, "Land Development," of the City’s Code of Ordinances to read as follows: Sec. 78-523. Design storm. (a) Design storm frequency. The design storm frequency for structures and facilities in a subdivision are established in Table 43. ]able 43: Design Storm Frequency for Structures Facility Design Storm Finish floors 100-year/3-day assuming zero discharge and 100-year flood elevation per FEMA flood insurance rate maps. Bridges 50-year/3-day 25-year/3-day event _>10 acresCanals, Ditches or Culverts Roadway, Non-local Roadways, Local City Collector Parking Lots 25-year/I-day event < 10 acres if granted a permit exception from SFWMD 4~)-year~Ll-day 25-year/1-day event or Palm Beach County/FDOT requirements, where applicable ,~=..... /~ ,~ ........ ÷ 10-year/I-day event or Palm Beach County/FDOT requirements, where applicable. ~ 25-year/I-day event 5-year/I-day SECTION 4: The City Council hereby repeals subsection VI, "Floodplains," of Division 9, "Subdivisions," of Article V, "Supplementary District Regulations," of Chapter 78, Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 "Land Development," of the City’s Code of Ordinances in its entirety and substitutes the following in its place: Chapter 78 LAND DEVELOPMENT ,Article V. Supplementary District Regulations Division 9. Subdivisions Subdivision VI. Floodplain Regulations Sec. 78-531. Purpose, obiectives and methods. (a) Statement of Purpose. It is the purpose of this division to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions desiqned to: Restrict or prohibit uses which are danqerous to health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heiqhts or velocities; (2)Require that uses vulnerable to floods, including facilities which serve such uses, be protected aqainst flood damaqe at the time of initial construction; (3)Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4)Control fillina, _qradin_a, dredging and other development which may increase erosion or flood damage; and 3 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 (5) Prevent or requlate the construction of flood barriers which will (b) unnaturally divert floodwaters or which may increase flood hazards to other lands. Objectives. The obiectives of this division are: (1) __ (3) To protect human life and health; To minimize the expenditure of public money for costly flood control projects; To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4)To minimize prolonged business interruptions; (5)To minimize damage to public facilities and utilities such as water and gas mains, electric and telephone and sewer lines, streets and bridqes located in floodplains; (6)To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood bliqht areas; and (7)To ensure that potential homebuyers are notified that property is in a flood area. (c) Methods. In order to accomplish its purposes, this division includes methods and provisions for: (1)Restrictinq or prohibitinq uses which are danqerous to health, safety, and property due to water or erosion hazards, or which result in damaqing increases in erosion or in flood heights or velocities; (2)Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected aqainst flood damage at the time of initial construction; 4 Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 (3)Controllin.q the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters; (4)Controllin.q fillin.q, _qradin.q, dredqin_q and other development which may increase flood dama.qe; and (5)Preventing or re.qulatin_q the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards in other areas. Sec. 78-532., Definitions. The following words, terms, and phrases, when used in this division, shall have the meaninqs ascribed herein, except where the context clearly indicates a different meaning: Appeal means a request for a review of the floodplain administrator’s interpretation of any provision of this division or a request for a variance Area of shallow floodinq means a desiqnated AO or AH Zone on the, community’s Flood Insurance Rate Map (FIRM)with base flood depths from one to three feet where a clearly defined channel does not exist, where the, path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such floodinq is characterized by pondin.q or sheet flow Area of special flood hazard is the land in the floodplain within a community subject to a one- percent or greater chance of flooding in any ,qiven year. Base flood means the flood havinq a one percent chance of bein.q equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throuqhout this division. Basement means that portion of a building having its floor sub-qrade (below ground level) on all sides. Building see Structure. Critical facility means a facility for which even a sli.qht chance of flooding might be too .qreat. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 installations, installations which produce, use or store hazardous materials or hazardous waste. Development means any man-made chanqe to improved or unimproved real estate, includin.q, but not limited to, buildinqs or other structures, minin.q, dred.qin.q, fillinq, _qradinq, pavin.q, excavatin.q, drillin~ operations, or permanent storaqe of materials or equipment. Elevated buildinq means a non-basement buildinq built to have the lowest floor elevated above the .qround level by means of fill, solid foundation perimeter walls, pilin.qs, columns (posts and piers), shear walls, or breakaway walls. Existing construction means any structure for which the "start of construction" commenced prior to the effective date of this division. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicinq the lots on which the manufactured homes are to be affixed (includinq at a minimum the installation of utilities, the construction of streets, and either final site .qradin.q or the pourin.q of concrete pads) is completed before the effective date of the floodplain mana.qement requlations adopted by the city. Expansion to an existinq manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (includinq the installation of utilities, the construction of streets, and either final site .qradin.q or the pourin.q of concrete pads). Flood or floodinq means a .qeneral and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2)The unusual and rapid accumulation or runoff of surface waters from any source. Flood Boundary and Floodway Map (FBFM) means the official map on which the Federal Emerqency Mana.qement Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and re.qulatory floodway. 6 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community Flood Insurance Study (FIS) is the official hydraulic & hydrologic, report provided by FEMA. The report contains flood profiles, as well as the FIRM, FHBM (where applicable) and the water surface elevation of the base flood. Floodplain means any land area susceptible to flooding Floodplain management means the operation of an overall program of corrective and preventive measures for reducinq flood dama.qe and preservinq and enhancinq, where possible, natural resources in the floodplain, including but not limited to emer.qency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain manaqement regulations means this division and other zoning ordinances, subdivision requlations, buildin.q codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local requlations in any combination thereof, which provide standards for preventinq and reducinq flood loss and damaqe. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharqe the base flood without cumulatively increasing the water surface elevation more than one foot. Hardship (as related to variances from the requirements of thi,~ division) means the exceptional hardship that would result from a failure to grant the requested variance. The Board of Zoninq Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or thP. disapproval of one’s neiqhbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved throuqh other 7 Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 means without .qrantin.q a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than ori.qinally intended. H~qhest adjacent grade means the hiqhest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a building. Historic structure means any structure that is: (I)Listed individually in the National Reqister of Historic Places (a listin.q maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meetinq the requirements for individual listinq on the National Reqister; (2)Certified or preliminarily determined by the Secretary of the interior as contributinq to the historical siqnificance of a registered historic or a district preliminarily determined by the Secretary to qualify as a re.qistered historic district; (3)Individually listed on a state inventory of historic places in states with historic preservation pro.qrams which have been approved by the Secretary of the Interior; or (4)Individually listed on a local inventory historic places in communities with historic preservation pro.qrams that have been certified either: ao By an approved state pro.qram as determined by the Secretary of the Interior, or bo Directly by the Secretary of the Interior in states without approved pro.qrams. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the .qround, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (includin.q basement). An unfinished orflood resistant enclosure, used solely for parkin.q of vehicles, buildin.q access, or stora.qe, in an area other than a basement, is not considered a buildinq’s lowest floor, provided that such enclosure is not built so as to render the Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 structure in violation of the, nonelevation desiqn standards of this division. Manufactured home means a buildinq, transportable in one or morn sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value, excludin.q the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by a.qe of building (Actual Cash Value) or adiusted assessed values. Mean Sea Level means the average height of the sea for all sta.qes of the tide. It is used as a reference for establishinq various elevations within the floodplain. For purposes of this division, the term is synonymous with National Geodetic Vertical Datum (NGVD). National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. New Construction means any structure for which the "start of construction" commenced after effective date of this division. The term also includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicin.q the lots on which the manufactured homes are to be affixed (includinq at minimum, the installation of utilities, the construction of streets, and either final site .qradin.q or the pouring of concrete pads)is completed on or after the, effective date of floodplain regulations adopted by the city. Nuisance means anything which is iniurious to safety or health of an entire community or neighborhood, or any considerable number of persons, 9 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or proiectin.q into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. Recreational vehicle means a vehicle that is: (1) Built on a sinqle chassis; (2)400 square feet or less when measured at the larqest horizontal projection; (3)Designed to be self-propelled or permanently towable by a light duty truck; and (4)Designed primarily not for use as a permanent dwelling but as temporary livin.q quarters for recreational, campin.q, travel, or seasonal use. Repetitive loss means flood-related damaqes sustained by a structure on two separate occasions durin.q a 10-year period endinq on the date of the event for which the second claim is made, in which the cost of repairing the flood damaqe, on the average, equaled or exceeded 25% of the market value of the building at the time of each such flood event. Special flood hazard area (SFHA) (see Area of Special Flood Hazard) means an area havinq special flood hazard and shown on a FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH. Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act P. L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a buildinq (’including 10 Ordinance Meeting Date: February Date Prepared: December 1 a manufactured home) on a site, such as the pourin.q of slabs or footinqs, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, .qradin.q and fillinq; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildin.qs, such as .qara.qes or sheds not occupied as dwellinq units or not part of the main buildin.q. For substantial improvement, the actual start of construction means the first alteration of any wall, ceilin.q, floor, or other structural part of a buildin.q, whether or not that alteration affects the external dimensions of the buildin.q. 1,2002 7,2002 7,2001 Structure means all walled and roofed buildinqs, including .qas or liquid storaqe tanks and manufactured homes, that are principally above ground. Substantial damage means damaqe of any origin sustained by a structure whereby the cost of restorin.q the structure to its before damaqed condition would equal or exceed 50 percent of the market value of the structure before the damaqe occurred. Substantial damaqe also means flood-related damaqes sustained by a structure on two separate occasions durin.q a 10-year period for which the cost of repairs at the time of each such flood event, on the averaqe, equals or exceeds 25 percent of the market value of the structure before the damaqe occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "repetitive loss" or "substantial dama.qe," re.qardless of the actual repair work performed. This includes any combination of repairs, reconstruction, alteration, or improvements to a buildinq takin.q place durin.q a 5-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the buildinq either: (’1) Before the improvement or repair is started; or, (2)If the structure has been damaqed and is bein.q restored, before the damaqe occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceilin.q, floor, or other 11 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 structural part of the buildinq commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred "substantial damaqe" and are "repetitive loss," re.qardless of the actual repair work performed. The term does not, however, include either: (1)Any project for improvement of a buildinq required to comply with existinq health, sanitary, or safety code violations which have been identified prior to permit issuance by the Code Enforcement Official and which are solely necessary to assure safe livin.q conditions; or, (2)Any alteration of a "historic structure," provided that the alteration will not preclude the structure’s continued desi.qnation as a "historic structure." Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a .qrant of relief from the requirements of this division, which permits construction in a manner otherwise prohibited by this division where specific enforcement would result in unnecessary hardship. Violation means the failure of a structure or other development to be fully compliant with this division. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this division is presumed to be in violation until such time as that documentation is provided. Watercourse means a lake, river, creek, stream, wash, channel or other topo.qraphic feature on or over which waters flow at least periodically. Watercourse includes specifically desi.qnated areas in which substantial flood dama.qe may occur. Water surface elevation means the heiqht, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various maqnitudes and frequencies in the floodplains of coastal or riverine areas. 12 Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 Sec. 78-533. General Provisions. (a) Applicability. This division shall apply to all areas of special flood hazard within the city. (b) Basis for establishing the areas of special flood hazard. The areas of special flood hazard shall be those identified by the Federal Emerqency Manaqement Agency in the Flood Insurance Rate Map (FIRM) Community Panel Numbers 120221 0001-0004, dated January 6, 1988, with accompanying maps and other supporting data, and any revision thereto. These materials are adopted by reference and declared to be a part of this division. (c) Development Permit Required. A development permit shall be required in conformance with the provisions of this division prior to the commencement of any development activities. (d) Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations. (e) Abrogation and greater restrictions. This division is not intended to repeal, abrogate, or impair any existing easements or covenants. However, where this division conflicts with or overlaps existinq ordinances, whichever imposes the more strinqent restrictions shall prevail. (f) Interpretation. In the interpretation and application of this division, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3)Deemed neither to limit nor repeal any other powers granted under state statutes. (_q) Warning and Disclaimer of Liability. The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on scientific and enqineerinq consideration. Larqer floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This division does not imply that land outside the 13 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 areas of special flood hazard or uses permitted within such areas will be freP. from floodinq or flood damaqes. This division shall not create liability on the part of City Council of the City of Palm Beach Gardens or by any officer or employee thereof for any flood damaqes that result from reliance on this division or any administrative decision lawfully made thereunder. (h) Penalties for Violation. Violation of the provisions of this division or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this division or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothinq herein contained shall prevent the City of Palm Beach Gardens from takinq such other lawful actions as is necessary to prevent or remedy any violation. Sec. 78-534. Administration. (a) Des~qnation of Flood Damaqe Prevention Ordinance Administrators. This division shall be administered by the City Buildin.q Official, the City En.qineer and the Community Ratin.q System Administrator (City Planner) (collectively ’,Floodplain Administrators"). (b) Permit Procedures. Application for a development permit shall be made to the Growth Manaqement Department on forms furnished by the Growth Manaqement Department prior to any development activities. Such forms may include, but not be limited to, the following plans in duplicate drawn to scale showinq the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foreqoin.q. Specifically, the followin.q information is required: (’1)Application Staqe: Elevation in relation to mean sea level of the proposed lowest floor (includinq basement) of all buildinqs; b. Elevation in relation to mean sea level to which any non-residential buildinq will be flood-proofed; 14 (2) Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 Certificate from a reqistered professional enqineer or architect that the non-residential flood-proofed buildina will meet the flood-proofing criteria in section 78- 535(b~(’2~ and (c)(2); d.Description of the extent to which any watercourse will be altered or relocated as result of proposed development. Construction Sta.qe: Upon placement of the lowest floor, or flood-proofing by whatever construction means, it shall be the duty of the permit holder to submit to the Buildinq Official a certification of the NGVD elevation of the lowest floor or flood-proofed elevation, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a reqistered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional enqineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. The Building Official shall review the lowest floor and flood-proofing elevation survey data submitted. The permit holder, immediately and prior to further progressive work bein~ permitted to proceed, shall correct deficiencies detected by such review. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project by the Buildinq Official. (c)Duties and Responsibilities of the Floodplain Administrators. The. duties and responsibilities of the Floodplain Administrators are as follows: (2) The City Engineer, Community Rating System Administrator (City Planner), and Building Official shall review all development applications to assure that the application requirements of this division have been satisfied. The Buildinq Official shall review all development permits to assure that the permit requirements of this division have been satisfied. 15 Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 (3) (4) (5) (6) (7) (8) (9) The Buildin.q Official and City En.qineer shall advise, permittee/applicant that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. The Community Ratin.q System Administrator (City Planner) shall notify adjacent communities, the State Floodplain Coordinator, and other federal and/or state aqencies with statutory or re.qulatory authority prior to any alteration or relocation of a watercourse. The City En.qineer shall notify the Community Ratin.q System Administrator (City Planner) of any proposed proiects that are submitted for review or comment. The City En.qineer shall coordinate with the applicant and/or the Public Works Department to assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carryin.q capacity is not diminished. The Buildin.q Official shall verify and record the actual elevation (in relation to mean sea level) of the lowest floor (includin.q basement) of all new or substantially improved buildinqs, in accordance with section 78-534(b)(2). The Buildinq Official Shall verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved buildinqs have been flood-proofed, in accordance with section 78-534(b)(2). The Floodplain Administrators shall review certified plans and specifications for compliance. Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrators shall make the necessary interpretation based on the information provided by the applicant by request from the Floodplain Administrators. The person contestin.q the, location of the boundary shall be .qiven a reasonable, 16 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 opportunity to appeal the interpretation as provided in this article. (10)When base flood elevation data or floodway data have not been provided in accordance with section 78-533(b), then the Floodplain Administrators shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source (includin.q the applicant), in order to administer the provisions of section 78-535. Sec. 78-535. Provisions for flood hazard reduction. (a) General Standards. In all areas of special flood hazard, the followinn provisions are required and shall be enforced by Floodplain Administrators prior to construction plan approval. (i)New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2)Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may ~include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resistinq wind forces; (3)New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4)New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (5)Electrical, heatinq, ventilation, plumbing, air conditionin.q equipment and other service facilities shall be desiqned and/or located so as to prevent water from enterinq or accumulatinq within the components durinq conditions of flooding; 17 Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 (6)New and replacement water supply systems shall be desiqned to minimize or eliminate infiltration of flood waters into the system; (7)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharqes from the systems into flood waters; (8)On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them durinq floodinq; (9)Any alteration, repair, reconstruction or improvements to a buildin.q that is in compliance with the provisions of this division shall meet the requirements of "new construction" as contained in this division; and (1 O)Any alteration, repair, reconstruction or improvements to a buildinq that is not in compliance with the provisions of this division, shall be undertaken only if said non-conformity is not furthered, extended, or replaced. (b) Specific standards. In areas where base flood elevation data have been provided, as set forth in section 78-533(b), the following provisions are required: (1) Residential Construction. New construction or substantial improvement of any residential buildinq (or manufactured home) shall have the lowest floor, including basement, elevated no lower than one-half (0.5) foot above the base flood elevation or the South Florida Water Manaqement District zero discharqe finished floor, whichever is greater. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of section ’ 78-535(b)(3). (2) Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential buildinq (or manufactured home) shall have the lowest floor, includinq basement, elevated to no lower than 0.5 feet above 18 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 the base flood elevation or the South Florida Water (3) Management District zero discharqe finished floor, whichever is greater. Buildinqs located in all A-Zones may be flood- proofed in lieu of being elevated provided that all areas of the buildinq below the base flood elevation (plus any community free board) are water tiqht with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional en.qineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 78-534(c)(9). Elevated Buildinqs. New construction or substantial improvements of elevated buildinqs that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevations shall be desi.qned to preclude finished living space and desi.qned to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Desiqns for complying with this requirement must either be certified by a professional en(~ineer or architect or meet the followinq minimum criteria: Provide a minimum of two openings havin.q a total net area of not less than one square inch ii. iii. iv. for every square foot of enclosed area subject to floodinq; The bottom of all openin.qs shall be no hiqher than one foot above foundation interior grade (which must be equal to in elevation or hiqher than the exterior foundation qrade); Openings may be equipped with screens, louvers, valves or other coverinqs or devices provided they permit the automatic flow of floodwaters in both directions; Access to the enclosed area shall be minimum necessary to allow for parking of vehicles 19 (4) Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 (_aaraae door) or limited storaqe of maintenance equipment used in connection with the premises (’standard exterior door) or entry to the living area (’stairway or elevator); and The interior portion of such enclosed area shall not be partitioned or finished into separate moms. Standards for Manufactured Homes and Recreational Vehicles. a.All manufactured homes placed or substantially improved on individual lots or parcels in a new or substantially improved manufactured home park or subdivision must meet all the requirements for new bo construction, including elevation and anchoring. All manufactured homes placed or substantially improved in an existinq manufactured home park or subdivision must be elevated so that: i.The lowest floor of the manufactured home is elevated no lower than 3 feet above the level of the base flood elevation, or ii.The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strenqth, of no less than 36 inches in heiqht above the ground; and iii.The manufactured home must be securely iv. anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement; and In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, any manufactured home placed or substantially improved must meet the standards of subsection (b)(4)b.i and iii above. 20 Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 C.All recreational vehicles placed on sites must either: Be fully licensed and ready for hi.qhway use (a recreational vehicle is ready for highway use if it is on its wheels or iackin.q system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); ii.Meet all the requirements for new construction, includin.q anchorin.q and elevation requirements of subsection (b)(4)b.i or iii above; iii.Be on the site for fewer than 180 consecutive days. (c) Standards forAreas of Shallow Floodinq (AO Zones). Located within areas of special flood hazards established in section 78-533(b) are areas desi.qnated as shallow floodinq areas. These areas have flood hazards associated with base flood depths of one to three feet (1 - 3’), where clearly defined channel does not exist and the water path of floodinq is unpredictable and indeterminate. In such areas, the followin.q provisions apply: (1)All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map, above the hi.qhest adiacent .qrade If no flood depth number is specified, the lowest floor. includin.q basement, shall be elevated no less than one and one half (’1.5) feet above the base flood elevation or the South Florida Water Manaqement District zero discharqe finished floor, whichever is .qreater. (2)All new construction and substantial improvements of non- residential structures shall: ao Have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map above the hi.qhest adjacent .qrade If no flood depth number is specified, the lowest floor. includin.q basement, shall be elevated at least one and 21 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 one half (1.5) feet above the base flood elevation or the South Florida Water Manaqement District zero dischar.qe finished floor, whichever is .qreater; or bo To.qether with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is watertiqht with walls substantially impermeable to the passage of water and with structural components havinq the capability of resistin.q hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per subsection (b)(2) above. (d) Standards for Subdivision Proposals. (1)All subdivision proposals shall be consistent with the need to minimize flood damaqe; (2)All subdivision proposals shall have public utilities and facilities such as sewer, .qas, electrical and water systems located and constructed to minimize flood dama.qe; (3)All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (includinq manufactured home parks and subdivisions), which are comprised of fifty lots or five acres, whichever is greater. (e) Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of the base flood elevation at the site. Floodproofing and sealinq measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. Sec. 78-536. Variance procedures. 22 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 (a) Designation of Board of Zoninq Appeals. The Board of Zoninq Appeals as established by the City Council of the City of Palm Beach Gardens shall hear and decide appeals and requests for variances from requirements of this division. (b) Duties of Board of Zoning Appeals. The board shall hear and decide appeals when it is alleqed an error in any requirement, decision, or determination is made by the Floodplain Administrators in the enforcement or administration of this division. Any person a.qgrieved by the decision of the board may seek review by filing a petition for writ of certiorari in the circuit court as provided by general law in accordance with City Code Section 78-23 (’c) Development Order Applications. Applications for development order approval for a variance shall be submitted and reviewed as provided in division 1 of Article II1. (d) Variance Procedures. In passin.q upon such applications, the board shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this division, in addition to the following: (1)The danqer that materials may be swept onto other lands to the injury of others; (2)The danqer of life and property due to floodinq or erosion damaqe; (3/The susceptibility of the proposed facility and its contents to flood damaqe and the effect of such damaqe on the individual owner; (4)The importance of the services provided by the proposed facility to the community; (5)The necessity to the facility of a waterfront location, where applicable; (6)The availability of alternative locations for the proposed use which are not subject to floodinq or erosion damaqe; 23 (e) (7) (8) (9) (10) (11) Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 The compatibility of the proposed use with existinq and anticipated development; The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; The safety of access to the property in times of flood for ordinary and emerqency vehicles; The expected heiqht, velocity, duration, rate of rise, and sediment of transport of the flood waters and the effects of wave action, if applicable, expected at the site; and The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, in addition to streets and bridqes. Conditions for variances. (1) (2) Variances shall only be issued when there is: a. A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship; and Co A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create a nuisance, cause fraud on or the victimization of the public, or conflict with existing local laws or ordinances. Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief, considering the flood hazard. In the instance of an "historic structure," there must be a determination that the variance is the (3) minimum necessary so as not to destroy the historic character and design of the building. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood 24 Ordinance 1,2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 elevation and the elevation to which the lowest floor is to be built and statinq that the cost of flood insurance will be commensurate with the increased risk resultinq from the reduced lowest floor elevation. (4)The Community Ratin.q System Administrator (City Planner) shall maintain the records of all appeal actions and report any variances to the Federal Emer.qency Mana.qement A.qency upon request. (f) Variance notification. The Community Ratin.q System Administrator (City Planner) will maintain a record of all variance actions, includinfl justification for their issuance, and report such variances issued in the city’s biennial report submission to the Federal Emer.qency Mana.qement A.qency. Any applicant to whom a variance is .qranted shall be .qiven written notice that: (1)The issuance of a variance to construct a structure below the (2) base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coveraqe; and Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded bythe Community Ratin.q System Administrator (City Planner) in the Official Records of Palm Beach County and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (.q) Historic Structures. Variances may be issued for the repair or rehabilitation of"historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued desiqnation as an "historic structure" and the variance is the minimum to preserve the historic character and desiqn of the structure. (h) Special Conditions. Upon consideration of the factors listed in section (e) above, and the purposes of this division, the Board of Zonin.q Appeals may attach such conditions to the .qrantin.q of variances as it deems necessary to further the purposes of this division. 25 Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 SECTION 5: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens. SECTION 6: 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 7: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 8: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF SIGNED: ,2002. .,2002. ,2002. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK 26 ATTESTED BY: LEGAL SUFFICIENCY: Ordinance 1, 2002 Meeting Date: February 7, 2002 Date Prepared: December 17, 2001 APPROVED AS TO FORM AND CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABI._IN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT 27 MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 December 17, 2001 RE: THE CITY OF PALM BEACH GARDENS PROPOSED FLOODPLAIN ORDINANCE To Whom ItMay Concern: The City is currently working with the Federal Emergency Management Agency (FEMA) to enter the National Flood Insurance Program’s Community Rating System Program in order to gain property owners a discount on flood insurance. Among other things, the program requires the City to adopt a floodplain management ordinance setting forth regulations for the development and maintenance within the floodplain. In 1987,the City adopted a Floodplain Management Ordinance (Ordinance 4, 1987) setting a one and one-half (1.5) foot freeboard requirement to meet the National Flood Insurance regulations. However, due to various concerns raised by developers and homeowners at the time, the City has been enforcing the South Florida Water Management District finished floor elevation requirement and the FEMA Flood Insurance Rate Map Base Flood Elevation (BFE), whichever is greater. Among other problems, it appears that the one and one-half (1.5) foot freeboard requirement created a hardship on the ability for development to preserve open space, which is an important City policy. A revised ordinance has been drafted to meet the current Nationa~ Flood Insurance Program regulations and will include a revised freeboard of no lower tharl’ one-half foot above the base flood elevation or the South Florida Water Management District zero discharge finished floor, whichever is greater. Enclosed for your review is a copy of the revised ordinance, which is scheduled for City Council Public Hearings on February 7, 2002, and March 7, 2002, so as to meet the timetable for adoption set forth by FEMA.. We appreciate any comments you may have on the proposed ordinance by January 31, 2002. If you have any questions please feel free to contact Kara Irwin at 799-4236 or the above address. Sincerely, Charles K. Wu, AICP Growth Management Director Enclosure (1) cc:Ron Ferris, City Manager Jack Hanson, Building Official Len Lindahl, City Engineer Dan Clark, City Engineer Len Rubin, City Attorney Sean Donahue, City Engineer Kara L. Irwin, Planner M E M O R A N D U M WAFFERSON, HYLAND & KLETI-, P.A. To: From: Subject: Date: CO: Hon. Mayor and City Council Leonard G. Rubin, City Attorney ~.,z Resolution 20, 2002 (Artist Agreements) February 5, 2002 Ron Ferris, City Manager Carol Gold, City Clerk Resolution 20, 2002, as set forth in the agenda packet, approves Agreements with two Artists, Costas Varotsos and Tim Prentice. While the City has received a signed Agreement from Mr. Prentice, we were unable to conclude contract negotiations with Mr. Varotsos prior to the meeting. Consequently, I have revised Resolution 20, 2002 to provide for approval of the Prentice agreement only. City staff requests that the Council adopted the revised version of Resolution 20, 2002 attached to this memorandum. Should you have any questions relative to the foregoing, I will be glad to address them. P:\CPWin\HISTORY\020131A\446.8D(319.055)121 02/05/02 10:37 FAX 8606726846 THIS AGREEMENT is~ Gardens, 10500 North ~ilitalr Prentice, 129 Lake Ro~d, CO; ir~stallation of Sculptural Elen located at 10500 Nodhlplilitai ’ WtTNESSETH: ¯ ~=de artc[ entemcL by add bet~eenthe City of. PSlm. E aach ,Trail, Palm Beach Gardens, FL 33410 .(’~3ity =) a~, Tim ~wall., CT 06796 ("Artist") for the design, fabn." .c~on.~ and ents (’Sculpture"). to be housed in the City Ha,. atrium; Trail within the City (’Site"). WHEREAS, Artis{ com,~eted ~e.Schematic Proposal .pursuant to.the Agreem~ Schematic Pmposar eff~ctive~eptember 13, 2001, a copy ofwhl’ch is attached herr Exhibit "A;" and ilI .11 WHEREAS, on l~ecamt ~er 1"7, 200T, the city’s Municipal Complex Art T.’ask, accepted the Sehematid Pro~ sal of the Artist on. behalfof.the City; and ’ wish to enter ~nto this Agreement.for the.Phasei2: .D Phase 3: Shipping and Installation of the Scul~ure. consideration of the mutual representatkms and ~blig= as f~k~: .WHEREAS, the ~a~ti~s Development FabricatioN, an, d NOW, T.HEREFC~.RE, In hernia contained the pa~ties - ! Ad~/e ~. SCOPE C Phase 2: supplies, fabrica~on, trans ,it for ~o as 1.11 1.1 ~orce )sign ~ions IIIF P ECT : Design pev~l~,pmenL The Artist shall perform all services andl fumi ~h all ¯mated~l an~ equipment as necessary .for the desi~, exeo~tion, porta.ti~n and’ installation of the Sculpture at the Site, Structural and !.B~esign Review. On or ~:~efore sbdy (60) dayS. after the execution )t’th~l,LAgreement, the Artist shall .prepare and submit ~o the.~ City for. mvie~ ~ de!a~led working, pla~s, specifications, a~d dra~qgs o~ the Scu{pture. The. ~etailed working p|mns, specit~matiorm, and draWit~..Isha~l include in. =truc’di~ns for the appropriate maintenance and preservatiqn of Sculpture.I’ Oni =~r before feurteen {14). days after receipt of ~ cle~ailed w0rldng plans, ~1 ecffications, and drawings, the CRy shall review=same and advise tl~ ArtiSt n writing whether said plans, specifications, and dm~dngs are accep,table ib ~ the City as submitted. / I: i dd : n/rtIf the detailed i~ o~ing plans, specifications, an rawings, or a ~ pa thereof a~ noti~ cceptable to the City, the City shall so advise .the At ist in writing. ,.That( ~ter, the Artist shall revise the detailed working lans, specit’cati~s,; d drawings so asto meet~e ¢~itecia of the City, Who, cting in good faith, s ~1! promptly review the mvisecr detailed documents. ~0 02/05/02 10:37 FAX 8606726846 R]3NTICE ~0 1.12 Artist sht~. also ~rodu¢~ and submit to the City such additional ~eh ;rant [nformatiob, gn~ ~c, non-graphfc, an~or descdpffve of the Scurpture a ~d/or the Site ~ is ,’ ~m~:~y requested by the City. ,.-il~_..,_A r he cce ts anExecution of,,u =vu~pture..fie t C~ty a p d approves the detailed shall furnish t0 ~e City in writing a proposed schedule for fabdc.~g, writing if s~d p receiving the pn to the Ci~, Art proposed ,sche(, acceptable to th( bein. t ,’ schedule bY tf agreement beb Upon rec~,[~ o~ and installing tl~s uiptur City. ArtiSt shal drawings ~at ’~ written au~horb tDhU ri nereogf thslle~’alal~~ Phase 3" Delive~ and (45) da~J prior tolthe t ~nstal/afion at thb Sil ~nstal~g the Sculpture. The City shall advise Artist ~:~sed schedule is acceptable within seven (7) days after osed schedule, if the proposed schedule is not accep ~.hle : and the City shall discuss the City’s objection(s) ~) Ile. and the proposed schedute shall be revised so th~ ~ it is City. The City’s acceptance oft~e proposed schedule shall ~all be made in good faith. After written acceptance ~ =fthe City, the schedule may onry be amended by written ~n A~tist and the City. ~e City’s wdttan acceptance of the schedule for fabricating Sculpture, Artist shall fabricate, transport, and insta I1 t~e nt to the agreed upon schedule and in conform~ with the )ns, and drawings that ware accepted and approved l:,y the not materially deviate from the ptens, specWcatiows, and ~re accepted and approved by the City without the pdor bon from the City_ ~ation of the Sculpture. the City and any represent;=tives a the right to inspect the Sculpture at reasonable tir~ ,,ne~Stallab’on. The Artist shall notifythe City in wdting fortthe Sculpture is completed .and is ready for delivery and The City or one of its representatives, at the ,3ity’s basonable notice to the Artist, inspect t~ Sculpture before )nwntten acceptance bythe City, the ~ shall coord,nate, Sculpture on the Site. The Artist is respons~le f ing structure or materials and any mpaim to the struct~ sed by the Artist during installation. The City sh= g all equipment nec, essan/for.installation of the Scul ~ to, lifts and scaffolds. ~ns~ble for. any additional lighting necessary for the Artist shall be avaitable to attend any inaugurat~ ~s relating to the Sculpture at the Site, provided er than one (1) day after installation is complete. or a~ ire or dl be )turB, roper such discretion, shall, ,~por delivery to the Sitb. U deliver and inst~ll thI ’connectie ns to.th~ exis~ exposed mated~|s I -responsible for prowd r including, but not limile / The City shall i:~ res~ display of the Sc~lptu[, Post-Installation. presentation ce~moF= ceremony occurs no la 1.3 02/05/02 10:37 FK~ 8606726846 REh’~ICE ~0 1.4 FinalAcceptance Wi’ the City shall a~lvis0’ acceptable. "Final Ac~ City advises Artist in shaU pass tb when the City no, ties / 1.5 The Ownership by the C~. the A~-t s drawings, digital Article 2. COMPENSATI~ 2.1 The payments to the 1 - 1 D P,2.2 P’re~dnary es/gn n Phase 1: Schematic P part of it shall be ~fUr~¢ / _ ¯ .I Iof the .d~_t~iled .plums, ~Isum of $20,000.00, le~., payments are to be m~ 2.4 2.5 2.6 2.7 n seven (7) days after the Sculpture is installed at tl-~ Site, IArtlst in writing whether the Sculpture as installed is !ptance" of the Sculpture by the City shall occur whe ~ the ~ng that the Sculpture is acceptable. Title to the Scull ~tum he City, subject to the provisions of Articles 6 and 7 he =rein, rtist that the Sculpture is acceptable. manta, Models. Upon written acceptance of the Scu] )ture ~11 grant to the City title to the Schematic Proposal, rrK clefs, and video. . ~ AND PAYMENT SCHEDULE. ~st by the City shall be as follows: ¯ osa/. The City has paid the Artist an initial fee of $3.0, 0 for ,gosal. This initial fee may be rete~ned by the Artist a~d no ,pment. Upon w~itten acceptance and approval byth City ecifications, and drawings, the City shall pay the ArtiSt the the $3, 000. 00 previously paid, for atotalof$1-7,000;0b. All- ele w~thin 30 days from receipt of invoice. Exertion oft~elS ure. The City shalt pay Art~ $30,000.00 afterAd~’t has completed the fa~rie, dti )n of the Sculpture in conformity with the deta~ed glans, specifications, a ,r~¢l dr~ rings approved by the City, and the Sculpture is transport to the Si,te f i , ,nstellat~o,. Phase 3: Shi~m~,nt ai~l Installation. The City s~all pay Artist a final I~aym nt of $10.000 when i~ ad~’~es Artist that the Sculpture as inst~ffed at the S~te is r~o.~. Any and ~ll ~ ~, inclucling but not limited to. sale~, and any and all ~im~ ~ charges ~’elating to the Sculpture ar~ any servic~ a~l. materials pmvide~d by/btist shall be paid bythe Adist. |II Artist’s Expenses. 1’1~ Artist shall be solely responsible for the-payme rd. of expenses incurred in F"aking submissions to the City, the costs of transportir g. the Sculpture to the Site, ~ =d ~1 travel, expenses incurred by the A~’dstarcl.the P fist’s ’nent.agents and empl,oyee~ in performing the services required under this Agreel -3- 02/05/02 10:37 FAX 8606726846 RENTICE Article 3. TIME OF P~ ERF~( 3.1 Completion gate Iof th le later than July t5i 20~_ 3.2 Early Completionl of A and all transporta.tion ~r hereunder prior t0 the;t Article 4.WARRANTIES I 4.1 Warranties of TMe, ~ 4.2 ~RMANCE. ;culpture. The Sculpture shall be delivered and installl ~d no ~ Services. The Ad/st shall, be solely responsible foP any d storage costs resulting from the completion of his ser,’ices rne agreed upon for installation of the Sculpture. ~ Artist represents and warrants that: (a) the Sculptt solely the result ~f th~ ’,,rtistic effort of the Artist; (b) the Sculpture is unique and odginal and ~ no!, r~fringe upon any copyright.; (c) that the Sculp~re: or duplicate thereof,~ has ~Tt been accepted for sale elsewhere; and (d) the ~culpture is free and clear ,of anY. Iliens from any source whatever.I WsrrantiesofO~a/ityi;dCondition The Artist represents and warrants th ~at: (a) the execution and fabrication of theSculpture will be performed in a professional manner. (b) the ,Scull1 ~re, as fabricated and installed-will be -free of defe~ts matedal and workma,n =hip. including any defects consisting of "inherent qualities which .cause or accelerate deterioration of the Sculpture, or gross negligence in the ~mat(~r ,al structure or instaflation methods of the Seull:~um; ~,d (c) maintenance of tl~e Sc~J ,Iptura will not require procedures other than those desqribed bm-ythethedeta=ledc--.ity plans,’, sp’ beJfications, and drawings that were accepted and alum, veal Article 5. RISK OF LOSS, ~NSURANCE AND INDEMNITY. 5.1 Risk of loss. Th~ Ri of Loss or damage by any cause or any mason tp the Sculpture shall I~ bor~ ~ by the Artist until Final Acceptance and the Artist shall take steps such as is ~eceS., ary to protect the Sculpture from loss or damage until Final 5.2 5.3 Artist’s LJ’fe Insurance installation, tha Artist of the City (and delivel shall be sufficient to re t~me to time p~io~,to hi The City’s Respo~, sib~ shall oe.cur concurrentl, to Paragraph 1.41 Not~ ~nd Disability. From the date of this Agreement until finalfall at his expense carry life and disability insurance in ~favor vidence of such coverage to the City) in such an amou~ nt as ~bume the City for the actual amounts paid to the Arti~ from death or disabi|ity. ,,. The City’s acceptance of responsibility for the Scu,lpture with the City’s Final Acceptance of the Sculpture pursuant ithstanding the foregoing, the City’s responsibility sh= dl not ~0 5.4 Article 6.1 6.2 6.3 Article 7.1 7.2 10:37 FAZ 8606726846 RENTICE include that which is’~ deemed to be a warve r Artist Indemnity. ’.The i/ and all of its resl~."ctive all injuries, death.~, los. and expenses, entity or individu~als pursuant to this Agree 6.REPRODU’ CTI~ General The Artist re1 et seq., end all other possession and eXCel~t intention that the ,Scull d make any additional e: c Sculpture, nor shall th ~ written permissiop, of t in’evocable end royalty Sculpture for non’-co~r used in advertisi,ng. ~ publications. /Not/ca. All reproducti0 Artist and a copyright © ARTIST NAME, dat Credit to City. ’The substantially, ~work ov~w an’anted by the Artist in Paragraph 4.2 and shall n, ~t be of the warranties provided therein. , ,rtist shall indemnify, protect, and save harmless thelCity, ~embers. agents, officials, and emp oyees from and against damages, claims, patents claims, suits, judgements, ,costs ’ attorney’s fees, which may in anyway accrue agains~ said ating to the work to be performed, or being performed, ~nt.._incl.udin__o~_installation of the Sculpture¯ N RIGHTS. ~tsu ht’ns all righ nderthe Copydg Act of 1976, 17 U.S.C,. 101 rights in and to the Sculpture except ownership! and ts such rights are limited by this Section 6.1. In view efthe ~re in its final dimension shall be unio, ue. the AdLst sh~ll not ¢’t duplicote,.[three]- dimensional t"eproductionsof the, fin~4 Art;st grant permission to others to do so except with the ~e City. The Artist grants to the C~ and its assig ,n~. an me license to make two-dimensional reproductions 0fthe ercial purposes, including but not limited to reproduct,’ .ions )chutes, media publicity, and catalogues or other similar ~s of the Sculpture by the City shall contain a ~redit , the )lice substantially in the following form: of publication. .rtist shall use his best efforts to give a credit reading ed and commissioned by the City of Palm Beach Gardens," in any public sh .owing~ nder the Artist’s control of reproductions of the Sculpture. Identifical]on. The A shall, at its expense, prepare and install at the Site, pursuant to the switteq instructions and prior written approval of the City, a p.[aque identifying the Artist, t,h~ title of the Sculpture and the year of completion. Maintenance. The City~:,l"ecognizes that maintenance of the Sculpture on a regular basis is essentialto thpIintogrity of the Sculpture. The City shall reasonably assure pedy maintained and Wotacted as specified in the detailedthat the Sculpture is PW working plans, s,.pecifip ~ons, and drawings a(~.~pted and approved by the ~ty. The Artist represents that the Sculpture has been designed, fabricated, and ~0 02/05/02 7.3 7.4 7.5 7.0 10:37 FAX 8606726846 RENTICE installed to accommod the detailed work~n~ g Pl~- Repairs and Resforatib, 7.3.1 The City profession~bl cO Sculpture Will Artist shal! have however, that repair or restore approve any mp dght to make 7.3.2 7.3.3 te the routine annual cost of the Maintenance as set forth in ns‘ specifications and dratadngs. ~ave the right to determine, after consultation with a zservator, when and if repairs and restorations to the made. During the Artist’s lifetime and competency, the the right to approve all repairs and restorations, provided, ~ Artist shall not unreasonably withhold approval for any I~on of the Sculpture. tf the Axtist unreasonably falls to air or restoration of the Sculpture, the City shall have the ’,h repair or restoration. To the extent practical, the Artist, dudng the Artist’,, ~ lifetime and competence, shaft be given the opportunity to make or persor~,lly supervise significant repairs and restorations and shall be paid.a r.ea...~,orm,b~ fee f..o.r any such s .ervic~so provided that the City and the Artist snail agree in writing, prior to the commencement of any significant ’Irepairs or restop [tions, upon the AdJs~s fee for such services. IAll repairs and principles of If work is requi~ Permanent Record. Agreement and of the ~storations shall be made in accon3ance with recognized ;ervaUon, d due to breach of warranties by the Artist, the Artist shall his expense. ~e City shall maintain on permanent file a record of this )cation and disposition of the Sculpture. Artist’s Address. ,’ Thej ~rtist shall notify the City of changes in his address. The failure to do so, if su¢, ~ failure prevents the City from locating the ArUst, shah be deemed to be a waiv! ~’by the Artist of the right subsequently to enforce those previsions in this Agreement that require the express approval of the Artist. Notwithstanding this p~vision, theCity shall make every reasonable effort to locate the Artist when matte~l arise relating to the Artist~s rights. II Surviving Covenents.!~he covenants and obligations set forth in this Article 7 shall be binding upon andl inure to the benefit of the parties, th~dr heirs, legatees, executors, administra~rs, assigns, transferees and all their successors in interest, and the City’s obligatio, ~s attach and run with the Sculpture and shag be binding to and until five (5)’. yea~ after the death of the Artist. However, the obligations imposed upon the C~y by Section 7.3.1 shell terminate on the death or incompetence of, theI ~rtist. The City shall give any subsequent owner of the Sculpture notice in w~ ~ing of the covenants herein, and shall cause each such owner to be bound the= eby. -6- 02/05/02 10:37 F~ 8606726846 RENTICE Article 8.ARTIST AS ~NDEPENDENT CONTRACTOR. ’i ¯ 8.1 The Artist shall per~ ~11 work under this Agreernent as ~m independent contractor and not as an agent 0Tlan employee of the City and shall indemnify and ho~d the City, and all of i!s resj~ctive members, agents, officers, and employees harmless from any loss, damag~l and expenses, i~clu(ling attorney’s fees, adsi~g from any claim by any pemoni or entity that the Artist did not act as an Independent Contractor_= Article 9.ASSIGNMENT; ,TRANSFER, SUBCONTRACTING.,, 9.1 Assignment or Transfer of Interest. Neither the City nor the Arbst shall assign or transfer an interest ~n {~=s Agm,.,’nent without the prior written consent of the other. ArtJde 10. TERMINATIOI~ 10.1 If either party to thisAlgreement shall fail to fulfill in a timely and proper manner, or otherwise violate, ar~j of the covenants, agreements or stipulations of this Agreement, the ,othei ~ party shall thereupon have the dght to terminate this Agreement by giving ~ specifying the ground days after receipt of Agreement shall fermi In the event of default itten notice to the defaulting party of its intent to terminate, =~or termination. The defaulting party shall have thirty (30) I~e notice to cure the default. If it is not cured, then this ~y the City, the City shall promptly compensate the Artist for10.2 services performed by, the Artist prior to termination. I~ the event the City questions the reasonableness Of, the cost of services performed, Mr. Joel Straus (J.S. In the event of default photographs, and otl~ submission by the Arti property provided that 10.3 Consulting, 1404 WeE t iThorndale, Chicago, IL 60660) will determine "reasonable costs" which shall be )aid. by the Adist, all finished and unfinished drawings, sketches, er work products prepared, and- submitted or prepared for si under this Agreement shall at the City’s option become its r~o right to fabricate or execute the Sculpture shall pass.to the City. The Artist shall r ~t be relieved of liability to the City’for damages sustained by the City by virtue of a~y breach of this Agreement by the Adist, and the City may reasonably withhold p ]yments to the Artist until such time the exact amount of such damages due the C~ from the Artist is determined. ~VENISTRATOR.Adicle 11.CONTRACT 11.1 The Contract Administrator for this Agreement shall be the City Manager. Wherever this Agreement requires any notice to be given to or by the City, or any / ~0 02/05/02 10:37 FAX 8606726846 determination or ectio and act for the City. RENTICE m to be made by the City, the City Manager shall represent Article 12.1 Article 13.1 A-tide 14.1 12.COMPLtANCE~ .under this Agrs~mentJ 13.ENTIRE AGRE~vlENT - AGREEMENT WITH THE ’CITY. / This writing embodies ~he entire agreement and undemtanding between the pa~des hereto, and there are r~o other agreements and undemtandings, oral orwdtten, with reference to the subJe~’t~ matter hereof that are not merged herein and superseded hemby. 14.MODIFICATIO . No alteration, change ,~ modification of the tenons of this Agreement shah be valid unless made in writing and signed by all parties hereto and approved by appropriate action of the City’. Article 15. WAIVER. 15.1 No waiver of performance by either party shall be construed as or operate as a waiver of any subsec~uent defaulI of any terms, covenar~ts or cond,’.fions of this Agreement. Thepey~ent or acceptance of fees for any period.after a default shall,- not be deemed a-wa’n~er-ol; any fight or acceptance of defective performance. Article 16. GOVERNING [LAW. 16.1 This Agreement, rega- and- construed in- .Article 17. HEIRS AND A~ dless of.where executed or pe .rformed, shall be governed by rdence-with the substantive laws of the State of Florida. ~SIGNS. 17.1 This Agreement shall be binding upon and shaft inure to the benefit of the City and the Artist and their r~spec0ve helm, .pemonal representatives, successom and permitted assigns. I Article 18. ARBITRATIOn. , 18~1’ All.d.isputes or co~t~.~s.that may arise.between .t~ pmtie~, wlt~,re~.e~ to.: .t~e. penormance, obligations or rights of the paYdes unoer ~this Agmemem snau ~e settled by binding a bitration lo be held in Palm Beach County, .Florida. in -’8- ~0 02/05/02 10:37 FA~ 8606726846 RENTICE ~8.2 18.3 ¯Article t9.t accordance with the tttefl-cun’ent Rules efCommemial Arbitration-of the American Arbitration Associat~orL / The dispute ~’ha~l ~e ~. fem~l to a panel ’of three arbitrators, one to be .selected by the Artist, one to be se,lected by the City and the th[rcrto be selected by the fTmt two. ~ an agreement on t~_ thircl arbitreto¢ cannot I~. ma..ch~. ~ thirty (30) days.. alterthe appointment Of the secondarbitrator,sucnarbitralor snail t)e appointed’by Joel Straus. The decision and awe o7 the arb~atorsr or that 01~ any two ot~ therck shall be I .and binding on the I~arties. and judgment may be entered upon it in any courthaving judsdicticr~ thei~:~f. 19.NOT| ~ES.’ All notices, requests, ~lemands and other communications which are required or permitted to be g’.wen u, nder this Agreement shal| be in writing and shalt be deemed to have been duly givlan upon the delivery, if delivered peP~o~allv, or if sent US Postal Service by pl,acing into a US Postal Service Depository and sent by registered or cedified meg. return receipt requested, postage prepaid as follows: / If to the City:. City of Palm Beach G,lardens 10500 North Military ~rail Palm Beach Gardens,~ Florida 33~,10 Attn: Ronald Ferds, City Manager i Leonard G. Rubin, eA~o~.~.Y, Watterson, Hylancl I 4100 RCA Boulevard, Suite Palm Beach Gardens FI0dda 33410 If to the Artist:. Tim Prentice 129 L~ke Ro~d ,, Cornwall, Conne~icu~ 02/05/02 10:37 FK,~ 8606726846 1N W1TNESS WHERE indicated below. Attest: Carol Gold, City Clerk Approved as to FONT=: Leonard G. Rubin, City Attor Witnessed by: P:~CPWIn~HI~T0 R~020131A~43 F.E 1 RENT I CE OF, the pa~ties have executed this Agreement on the dates CITY OF PALM BEACH GARDENS, a Florida municipal corgoration By:. Joseph R. Russo, Mayor Date: Tim Prentice Date: 319.062)lgr-doc192 -10- g2/OT/2gg2 16:18 5616251259 LAW OFFC GARY FIELDS PAGE LAW OFFICE OF GARY D. FIELDS (551) 625-1200 ADMIRALTY TOWER ¯ SUITE 700 4400 PGA BOULEVARD PALM BEACH GARDENS, FL 33410 FACSIMILE (:,56]) (~2~- 1259 E-MAIL: gdflow@bellsouTh.ne’r February 7, 2002 Via facsimile to (561) 799-4281 Steven B. Cramer, AICP Planning & Zoning City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Re:Second Amendment to Traffic Control Agreement for PGA National Dear Steve: This is to confirm that I will be appearing (along with Phil Lyddon) at this evening’s .City Council Meeting, for PGA Property Owners Association, Inc., for the sole purpose of requesting that this agenda item be postponed to a date certain in the future. Since~ >" ~ARY D. FIELDS GDF:hs / Please Print Name: Address: ~-~ COMMENTS FROM THE PUBLIC Request to Address City Council City: 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: Subject: COMMENTS FROM THE PUBLIC "~ ~ _~~Request to Address< ~’~/~’~-"- ,/City Co<uncil//(~ 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:~- ~ ( ~" 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: Subject: 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. t t