HomeMy WebLinkAboutAgenda Council Agenda 040402REVISED April 2, 2002
City of Palm Beach Gardens
Council Agenda
April 4, 2002
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Sabatello
Council Member Clark
Council Member Russo
Council Member Delgado
.,/VIII.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
April 4, 2002
7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS:
PRESENTATIONS:
ITEMS & REPORTS BY MAYOR AND COUNCIL:
a.Identify Planning & Zoning Council Member Liaison by direction from
March 21, 2002 Regular City Council Meeting.
CITY MANAGER REPORT:
Storm-water Management Plan.
Sidewalk Plan.
COMMENTS FROM THE PUBLIC: For Items Not on the A~enda~ please
submit request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a.Consideration of approving Minutes from the March 7, 2002 Regular City
Council Meeting.
b.Consideration of approving Minutes from the March 14, 2002 Canvassing
Board Meeting.
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Consideration of approving Minutes from the March 21, 2002 Regular
City Council Meeting.
Resolution 32, 2002 - P.G.A. Resort Community Golf Course Plat.
Consideration of approving P.G.A. Resort Community Golf Course Plat.
Resolution 33, 2002 - MacArthur Parcels. Consideration of approving
MacArthur Parcels 12.04 & 12.05, A P.U.D Plat.
Resolution 48, 2002 - Congress Avenue Extension. Consideration of
requesting Palm Beach County to include the design and construction of
the Congress Avenue extension, as a four-laned road, from Northlake
Boulevard northeast to Alternate A1A on the Palm Beach County 5-year
Capital Improvement Plan (CIP), and in Exhibit A of the Palm Beach
County Five Year Road Program.
Resolution 51, 2002 - Summer Camp Transportation Services.
Consideration of accepting the proposal from Jupiter School Bus Service,
Inc. to provide summer camp transportation.
Resolution 45, 2002 - Purchase of two transport rescue units.
Consideration of approving the "Piggyback" purchase of two transport
rescue units.
Resolution 46, 2002 - Reappointment of Municipal Complex Art Task
Force. Consideration of reactivating the Municipal Complex Art Task
Force and extending the dissolution date for a period of one year.
Resolution 50, 2002 - Fire Station No. 5 at Frenchman’s Reserve.
Consideration of approving a site plan for an 8,620 square foot Fire
Rescue and Police Substation within the Frenchman’s Reserve Planned
Community District (PCD).
Proclamation - "Community Development Week" recognizing the efforts
of the Community Development Program.
IX. PUBLIC HEARINGS:
Ordinance 2, 2002 - Christ Fellowship South Campus Conditional Use
Amendment (First Reading Continued from 1/10/02). Consideration of
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 South Campus (located at 5312
Northlake Boulevard, approximately ¾ 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.
And
Resolution 4, 2002 - Christ Fellowship South Campus Site Plan
Amendment (Continued from 1/10/02). Consideration of approving
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 5312 Northlake Boulevard, "~
approximately ¾ 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. (Continued from
1 / 10/02)
Ordinance 44, 2001 - Christ Fellowship North Campus Amendment (First
Reading Continued from 1/10/02). 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 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.
Ordinance 12, 2002 - Fire Code Amendments (Second Reading).
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval to adopt the Florida Fire Prevention Code;
Repealing Article III, "Standards, "" of Chapter 38, "Fire Prevention and
Protection, ’" of the City Code of Ordinances in its entirety and adopting a
new Article Ili, "City of Palm Beach Gardens Fire Code; ’" providing for
codification; providing for severability; providing for conflicts; providing
for transmittal to the State Fire Marsha# and providing for an effective
date.
Ordinance 15, 2002 - Budget Amendment (Second Reading).
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for an amendment of the City of Palm Beach Gardens budget
for the fiscal year beginning October 1, 2001, and ending September 30,
2002, inclusive; providing for the repeal of ordinances in conflict
herewith; providing for severability; and, providing for an effective date.
X.RESOLUTIONS:
ao Resolution 24, 2002 - Lease/Purchase of Police Vehicles. Consideration
of approving a Master Equipment Lease-Purchase Agreement with Ford
Motor Credit Company for twenty (20) police patrol vehicles.
Resolution 25, 2002 - Purchase of Vehicles and Equipment.
Consideration of approving "Piggyback" purchase of twenty vehicles, one
forklift and one backhoe.
Co Resolution 49, 2002 Bluffs Preschool at Mirasol. Consideration of
approving a site plan to allow for the development of an approximately
10,000 square-foot day care facility, located within the Mirasol Planned
Community District (PCD).
od.Resolution 47, 2002 - South Trust Bank Parcel 27.04 Regional Center Site
Plan Approval. Consideration of approving a site plan for an
approximately 14,000 square foot branch bank office with four (4) drive-
through lanes and one ATM lane, located on the comer of PGA Boulevard
and Kew Gardens Avenue, which is within the Regional Center DRI and
PCD along PGA Boulevard, and amending Resolution 64, 1998, to
relocate a ground sign.
eo Resolution 53, 2002 - Award of Contract Bums Road Project Number 00-
4107B - Consideration of awarding the bid for the Bums Road West
improvements to Hubbard Construction Company.
XI. ORDINANCES: (For Consideration on First Reading)
ao Ordinance 16, 2002 - BATT Learning Center (First Reading). An
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval of an application for a rezoning of
approximately 9.42-acre parcel of land from Planned Development Area
(PDA) to Planned Unit Development Overlay Zoning District (PUD)
a underlying Public/Institutional (P/I) zoning, to be known as "BATT
School," by approving the construction of an approximately 50,203
square-foot private school with gymnasium, football field, and track,
located on the north side of Hood Road, west of the Interstate 95 overpass
and east of the Turnpike overpass, as more particularly described herein;
providing for waivers; providing for conditions of approval; providing for
severability; providing for conflicts; and providing for an effective date.
XII. ITEMS FOR COUNCIL ACTION:
XIII. ITEMS FOR DISCUSSION:
a.Traffic Calming Policy Workshop.
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.
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
ao Identify Planning & Zoning Council Member Liaison by
direction from March 21, 2002 Regular City Council
Meeting.
VI. CITY MANAGER REPORT:
a. Storm-water Management Plan.
VI. CITY MANAGER REPORT:
b. Sidewalk Plan.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MARCH 7, 2002
The March 7, 2002 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7i00 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
found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin,
Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl
Sabatello.
PRESENTATION:
Hall of Fame: Mayor Jablin introduced Gary Carter, and reported highlights of his
athletic accomplishments and charitable contributions. Mayor Russo presented Mr.
Carter with an award in recognition of his induction into the New York Mets Hall of
Fame, August 12, 2001. Mayor Russo also introduced Mrs. Carter in recognition of her
support. Mr. Carter expressed his gratitude and thanked the City. Councilmember
Furtado announced that Mr. Carter’s foundation accepted used computers and refurbished
them to give to children who could not afford computers.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Mayor Russo announced that Christ Fellowship Church had requested postponement of
their petitions. Councilmember Furtado reported that Michelle Rose, a police officer
with the City for many years, had been injured in an automobile accident on her way
home from work, and an account had been set up for donations. Councilmember Furtado
requested Gardens United coordinate a fundraiser function for the officer. Police Chief
FitzGerald reported on Ms. Rose’s condition and indicated Sgt. Sam Naska was the
person to contact in the Police Department. Councilmember Furtado thanked the City
Manager for the sidewalk plan. Councilmember Sabatello commented that the City
Council was working on most of the campaign issues, but expressed concern with traffic.
Councilmember Sabatello requested that some procedure be established for the City
Council to look at traffic before approval was given for pods in the DRI in order to avoid
future problems. Mayor Russo reported many items affected traffic counts and staff was
working with county staff to come up with criteria. Councilmember Furtado reported the
plan for PGA Boulevard to be four lanes west of the turnpike had not been followed
through at the county level and it was still being shown as six lanes. The City Manager
advised that a comprehensive plan change would probably be required and that staff was
already working on this issue with county staff. Discussion ensued regarding traffic
issues. Direction was given to the City Manager for staff to work on a policy for traffic
and report back to the City Council. The City Manager indicated a status report on the
process, its status and meaning, would be reported at the next meeting. Councilmember
Clark reported receipt of additional comments from residents regarding traffic on
MacArthur Boulevard, which indicated traffic enforcement was more important to them
than more stop signs and traffic circles, and he provided those comments to staff. Vice
Mayor Jablin reported that he, Councilmember Clark, and Mayor Russo had read books
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 2
to students at Timber Trace in celebration of Dr. Seuss’ birthday. Mayor Russo reported
he had attended the Mayor’s meeting at the Chamber of Commerce where the Sports
Commission had presented the USA Baseball potential move to Roger Dean Stadium.
Mayor Russo announced he would attend a meeting on March 18 with USA Baseball,
which was looking for Founders Club members, and suggested the City become involved
for a $2,500 commitment. Mayor Russo reported he would serve on the Advisory
Committee to help locate them here. The Mayor reported 30-40 business leaders had
attended an Economic Forum meeting and a steering committee to find a location for a
park of commerce in North County. Mayor Russo commented that affordable housing
would be a part of that project, and that staff would work with the committee. Mayor
Russo reported that the Turnpike Authority had presented the proposed enhancement of
the turnpike interchange at PGA Boulevard, and by 2004 would add lanes to the toll plaza
for Sunpass lanes, and a ramp off the turnpike heading east on PGA Boulevard, allowing
traffic to flow without a raised elevation that would impact Ballenlsles. The Tumpike
Authority was to present their proposals to the MPO. Councilmember Furtado
requested that the City consider giving incentives to the park of commerce. Mayor Russo
reported he would attend a meeting next week with Commissioner Marcus regarding the
possibility of obtaining county funds for traffic calming. Mayor Russo announced he
would attend the Honda Classic Golf Tournament and would bring the flag home to the
City, and that this tournament would be coming to Mirasol.
CITY MANAGER REPORT:
Scheduling of Canvassing Board Meeting - The City Council as members of the
Canvassing Board agreed to attend a lunch meeting on Thursday, March 14, as suggested
by Carol Gold, City Clerk.
COMMENTS FROM THE PUBLIC:
Carol Estrada, 309 Riverside Drive, reported residents in the oldest part of the City felt
they had been discriminated against because money allotted for Plat One had been used
for Holly Drive drainage and had never come back, that the stormwater assessment
proposal had been disguised and would have just been another tax; that Mayor Russo had
promised at the 1998 neighborhood meeting to address traffic in that area; and that in
May 1999 paver bricks had been promised for the Banyan tree area. Mayor Russo
responded he had tried very hard to keep the City united and did not like to hear an area
had been discriminated against. Ms. Estrada reported no study had been done for the stop
sign at Dahlia, or at Gardens East Boulevard and Sandalwood, and the City was in
violation because they did not do the studies. Staff was requested to look at this issue.
Ms. Estrada requested information regarding how the City Engineer had arrived at a
traffic count of 14,000 cars on MacArthur Boulevard. Ms. Estrada expressed
appreciation regarding what the City had done, but requested specific information to take
back to the residents. Mayor Russo indicated the City was trying, and that the Council
had committed to work through this issue. During ensuing discussion, it was reported
that the bridge on MacArthur Boulevard was sound and capable of taking the existing
traffic load. Cheryl Stewart, Assistant to the City Manager, distributed to the City
Council and Ms. Estrada a time line and milestone tracking report formulated by the
Rapid Response Team, and reported that seven locations had been established for no thru
truck signs, and materials had been received for flashing school zone signs, which would
be installed by March 22. Ms. Stewart reported traffic enforcement had been increased in
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 3
the area; that an alternative route for empty school busses leaving the school to exit by
the quickest route would be requested of the School Board; and that staff was working on
a comprehensive City-wide traffic calming policy. Councilmember Sabatello requested
these items be reviewed with Commissioner Marcus. Mayor Russo reported traffic
calming devices had been found more effective in slowing traffic than stop signs. Police
Chief FitzGerald reported the number one request from residents was for traffic
enforcement.
CONSENT AGENDA:
Councilmember Clark moved approval of the consent agenda. Councilmember Furtado
seconded the motion, which carried by vote of 5-0. The following items were approved
on the consent agenda:
a.Consideration of approving Minutes: from the February 7, 2002 Regular City
Council Meeting.
b.Resolution 36, 2002 - Beach Renourishment. Consideration of supporting the
continuation of beach renourishment funding and the facilitation of a streamlined
permitting process.
c.Resolution 37, 2002 - Citizens’ Property Insurance. Consideration of supporting
the merger of the Florida Windstorm Underwriting Association into the Florida
Residential Property and Casualty Joint Underwriting Association and the
creation of the Citizens Property Insurance Corporation.
d.Resolution 38, 2002 - Regional Planning Councils. Consideration of supporting
restored funding for Regional Planning Councils.
e.Resolution 39, 2002 - Sunny Plaza Plat. Consideration of approving the Sunny
Plaza Plat.
f. Proclamation - "Read Together Palm Beach County Month."
PUBLIC HEARINGS:
Ordinance 2, 2002 - Mayor Russo declared the public heating open, held on the intent of
Ordinance 2, 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 South Campus (located at 5312 Northlake Boulevard,
approximately ¾ 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. Councilmember Clark made a
motion to continue the public hearing to April 4, 2002. Vice Mayor Jablin seconded the
motion, which carded by unanimous 5-0 vote.
Resolution 4, 2002 - Mayor Russo declared the public hearing open, held on the intent of
Resolution 4, 2002, 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 5312 Northlake Boulevard,
approximately ¾ 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 Clark made a motion to continue the public heating
to April 4, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous
5-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 4
Ordinance 44, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 44, 2001 - 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 ttie 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.
Councilmember Clark made a motion to continue the public hearing to April 4, 2002.
Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote.
Resolution 81, 2001 - 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
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.
Mayor Russo announced he would not vote on this issue because he was a limited partner
in a building which had filed an objection to this Resolution, and he passed the gavel to
Vice Mayor Jablin. Senior Planner Talal Benothman presented the staff report and
advised that a revised resolution had been distributed. Mr. Benothman confirmed for
Councilmember Sabatello that this change would create no additional traffic to any of the
major roadways around the regional mall. Mr. Sabatello requested that changes in uses
be confirmed. Staff answered other questions from Councilmembers. Kenneth Blair,
Catalfumo Construction and Development, agent for Mall Properties, Ltd., answered
questions on behalf of the applicant. Attorney Jacobi, General Counsel for Catalfumo
and Mall Properties, explained that Catalfumo Construction and Development was a
related company, and that the application had been filed on behalf of Mall Properties,
Ltd., which was the owner and the petitioner. City Attorney Rubin advised that the
property owner, Mall Properties, Ltd., was the applicant. Mr. Blair indicated agreement
with staff regarding the enhancements. Attorney John Gary, Counsel for the applicant,
reported that an alternate proposal to provide 1-1/2 acres in lieu of the cultural use was
not enough land area to make it feasible, and after research into the land values of other
cultural facilities the applicant had concluded they would offer $5.15 per square foot for
six acres, and offered 60% to the City or $808,000, in exchange for doing away with the
6-acre cultural designation and to make it commercial, and in lieu of the 1-1/2 acres.
Councilmember Sabatello indicated support of this proposal and clarified that the money
would be earmarked for cultural use by the City. Vice Mayor Jablin also expressed his
support. Vice Mayor Jablin declared the public hearing open, held on the intent of
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 5
Resolution 81, 2001. Resident Linda Monroe, 4431 Althea Way, distributed a handout
reflecting her discussion with the applicant regarding the references to a major 20-acre
park and a linear park along the canal in the original documents for the DRI. Ms.
Monroe indicated her belief was that residents of the City were losing out on something
that was granted to them at the time of this approval and to take it away now was giving
away land that was meant for use by the residents. Councilmember Clark expressed his
opinion that the original language had been very general, that Ms. Monroe had raised
very good points as had the applicant; but that he believed the proposed solution was a
fair resolution of a difficult problem. Councilmember Sabatello expressed his opinion
that the intent must be satisfied. Mr. Benothman indicated staff could not find clear
delineation of the 20-acre park and their solution was to provide signage for the public
indicating the areas for public use, which would contain enhancements provided by the
developer. Councilmember Sabatello indicated he was in support of the petition, and
pointed out that the applicant had now provided land all the way out to PGA Boulevard,
which he thought was a plus for the City. Councilmember Furtado indicated she
originally wanted the focus all around the lake but now felt the City was getting the
biggest bang for their buck by getting the money. The applicant confirmed there was
currently 21.9 acres under the ownership of Northern and they were adding another 1.5
acres of public easement. The list of permitted uses was discussed. Consensus was to
remove the shoe repair use. Vice Mayor Jablin thanked former Councilwoman Monroe
for her input. Councilmember Clark made a motion to approve Resolution 81, 2001 with
the change to Exhibit "B" read into the record, deleting shoe repair as a permitted
neighborhood commercial use. Councilmember Furtado seconded the motion. City
Attorney Rubin requested and received clarification that the City Council was accepting
the $808,000 offered by the applicant in lieu of the 1.5 acres, which would require some
changes to the Resolution. Vice Chair Jablin declared the public hearing closed. The
vote on the motion carried by unanimous 4-0 vote.
Mayor Russo rejoined the City Council.
Ordinance 8, 2002 - Mayor Russo declared the public hearing open, held on the intent of
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 conflicts; providing for severability; and providing for an effective
date, for consideration of second reading. Growth Management Director Charles Wu
presented the request. Hearing no comments from the public, Mayor Russo declared the
public heating closed. Councilmember Clark made a motion to approve and place on
second reading Ordinance 8, 2002. Vice Mayor Jablin seconded the motion, which
carried by unanimous 4-0 vote. The City Clerk read Ordinance 8, 2002 on second
reading by title only.
Ordinance 1, 2002 - Mayor Russo declared the public hearing open, held on the intent of
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
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 6
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, for consideration of second
reading. Planner Kara Irwin presented the request. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Clark made a
motion to approve and place on second reading Ordinance 1, 2002. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read
Ordinance 1, 2002 on second reading by title only. Growth Management Director Wu
complimented Ms. Irwin for her work on this project.
RESOLUTIONS:
Resolution 166, 2001 - Consideration of approving an application from Gardens East
Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in-line retail
with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center
(fka Gardens East Plaza), located within the Gardens East Planned Community District
(PCD), on the east side Alternate A1A, approximately 500 feet north of Lighthouse
Drive. Senior Planner John Lindgren presented the project and reported the applicant
had agreed to make the southern ingress/egress right-in, right-out only, but could not
delete the median cut because it was needed by the Mobil gas station for their gas
delivery trucks to exit the site. Agent for the applicant, Dodi Glas, explained the
proposals which had been submitted for the ingress/egress and that the applicant was
committed to honor their agreements with the shopping center owner not to close the
median cut. Discussion ensued. Ms. Glas indicated that if it was the direction of the City
Council, they would close off the access cut; explaining that Eckerd had not totally
agreed to that situation, however, the property owner, who was the petitioner, would
agree. Ms. Glas indicated that staff needed direction regarding the living or non-living
sign, and it was indicated that the living sign was preferred. Ms. Glas clarified they were
not closing off the median only the access cut, and would provide plans to that effect
the next day. It was clarified the median cut would remain but the access would be
closed. Councilmember Clark moved approval of Resolution 166, 2001 with the changes
just read into the record. Councilmember Sabatello seconded the motion, which carried
by unanimous 5-0 vote.
Resolution 181, 2001 - Approving a site plan application for "Parcel 4B" with a total of
77 single-family units and 63 multi-family units within the Evergrene PCD, located
between Hood Road & Donald Ross Road and as more particularly described herein;
providing for conditions of approval; providing for waivers. Mayor Russo and Vice
Mayor Jablin reported they had met with the petitioner and with staff. Councilmember
Sabatello reported he had met with the petitioner, staff, and the City Manager. Senior
Planner John Lindgren presented the project. Councilmember Sabatello thanked the
applicant for showing the extremes of lot coverages in graphic form. Councilmember
Clark moved approval of Resolution 181,2001. Vice Mayor Jablin seconded the motion,
which carried by unanimous 5-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 7
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilmember
seconded by Vice Mayor Jablin, carried 5-0, the meeting was adjourned at
p.m.
Clark,
APPROVAL:
MAYOR ERIC JABLIN
VICE MAYOR CARL SABATELLO
CHAIRMAN PRO TEM DAVID CLARK
COUNCILMAN JOSEPH RUSSO
COUNCILWOMAN ANNIE DELGADO
ATTEST:
BLANE KAUTHEN
CITY CLERK
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I HI’- I~)ARI), COUN(’II_ (’OM MINNION. AU1 HORIi~ CIR COM MII-iEE
WltI(’H I ~ERVE IN A UNI1 O1-:
C~l]~’ m COUNI"¥ O elHER I.O~AI. AGENCY
NA~)OIF
POI.IT1CAI..’~UBDIVIRION:
MY POF;ITION I.~:~LECTIVEOAPPOINTIVE
WHO MUST FILE FORM 8B
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council, commission, authority, or cotnmittee. It applies equally to members of advisory and non-advisor3, bodies who are prc~cmed
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
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In either case, you should disclose the conflict:
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A person holding appointive county; municipal, or other local public office .MUST ABSTAIN from voting on a measure which
inures to his special pri’,ate gain. Each local officer also is prohibited from knowingly voting on a measure v, hich inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, hut must
disclose the nature of the conflict before making an.,, attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO XIAKE ANY ATTENIPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
¯You should complete and file this form (before making an), attempt to influence’the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
¯A copy of the form ,,hould be provided immediately to the other members of the agency.
¯The form should bc read publicly at the meeting prior to consideration of the matter in ~,hich you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
¯ You should disclose ora|ly the nature of your conflict in the. measure before participating.
¯You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporale the form in the minutes.
DISCLOSURE OF LOCAL OFFICER’S INTEREST
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of ¯ by ~hom l am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date Filed
Signat~ure/
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR. AND MAY BE PUNISHED B~’ ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 1$11 . 14q pAGE 2
CITY OF PALM BEACH GARDENS
CANVASSING BOARD MEETING
MARCH 14, 2002
The March 14, 2002 Canvassing Board Meeting of the City of Palm Beach Gardens,
Florida, was called to order at 12:15 P.M. in the Council Chambers of th e 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, Council member David Clark, and Chair Pro Tem
Carl Sabatello. Vice Mayor Eric Jablin and Council member Lauren Furtado were
absent.
CANVASSING ELECTION RETURNS. Council member Clark moved to certify the
March 12, 2002 Municipal Election results as submitted by the Supervisor of Elections.
Chair Pro Tern Carl Sabatello seconded the motion. The motion carried by a 3-0 vote.
ADJOURNMENT: There being no further business to discuss, upon motion by
Councihnember Clark, seconded by Chair Pro Tem Carl Sabatello, carried 3-0, the
meeting was adjourned at 12:19 p.m.
APPROVAL:
MAYOR ERIC JABLIN
VICE MAYOR CARL SABATELLO
CHAIRMAN PRO TEM DAVID CLARK
COUNCIL MEMBER JOSEPH RUSSO
ATTEST:
COUNCIL MEMBER ANNIE DELGADO
CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MARCH 21, 2002
The March 21, 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
found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin,
Councilmember David Clark, and Councilmember Delgado. Chair Pro Tem Carl
Sabatello was absent from the meeting
ELECTION:
Resolution 42, 2002 - The City Attorney verified that since the oath of office had not
been given, only Mayor Russo, Vice Mayor Jablin, and Councilmember Clark would
vote on this item. Councilmember Clark made a motion to approve Resolution 42, 2002
- Declaring the Results of the City’s General Election held March 12, 2002 to fill Group
1, Group 3, and Group 5 Seats. Vice Mayor Jablin seconded the motion, which carried
by a unanimous 3-0 vote.
ADMINISTRATION OF OATHS OF OFFICE:
The City Clerk administered the oath of office to Councilmember Clark, Vice Mayor
Jablin, and Councilmember Delgado.
REORGANIZATION: Mayor Russo expressed his thanks for being able to serve as
Mayor for the past nine years. Mayor Russo officially stepped down.
Appointment of a Temporary_ Chairman to Elect Mayor and Vice Mayor -
Councilmember Russo nominated Eric Jablin as Temporary Chairman. Councilmember
Jablin seconded the motion, which carried by a unanimous 4-0 vote. The gavel was
passed to Mr. Jablin.
Appointment of Mayor and Vice Mayor - Councilmember Russo nominated Eric Jablin
as Mayor. Councilmember Clark seconded the motion, which carried by a unanimous
4-0 vote. Councilmember Russo nominated Carl Sabatello as Vice Mayor.
Councilmember Clark seconded the motion, which carried by a unanimous 4-0 vote.
Appointment of a Chairman Pro-Tempore in Absence of both Mayor and Vice Mayor -
Councilmember Russo nominated David Clark as Chairman Pro-Tern. Councilmember
Delgado seconded the motion, which carried by a unanimous 4-0 vote.
Mayor Jablin expressed his appreciation and thanks to his family and supporters. Mayor
Jablin welcomed Councilmember Delgado, congratulated Councilmember Clark on his
campaign, thanked Councilmember Russo for his support and service as Mayor, recalled
the careful planning to deal with growth and called for all residents to work together.
Mayor Jablin announced that he had asked the City Manager to form a Blue Ribbon
Panel of residents to look at stormwater drainage, canal improvements, swale
improvements and maintenance, roadway improvements, traffic calming techniques, and
how to pay for those items. Mayor Jablin asked all interested residents to contact the
City Manager.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/21/02 2
Resolution 40, 2002 - Councilmember Russo made a motion to approve Resolution 40,
2002 - Appointment of Mayor, Vice Mayor, and Mayor Pro-Tempore. Councilmember
Clark seconded the motion, which carried by a unanimous 4-0 vote.
Appointment of Council Liaisons to Advisory Boards/Committees/Organizations - It was
the consensus of the City Council to make the following appointments:
Mayor Jablin - Art Advisory Board, Art Task Force, Education Advisory Board, North
County Mayors’ Symposium, Quiet Zone
Chair Pro Tem Clark - Beautification and Environmental Board, Intergovemmental
Issues, Loxahatchee River Coordinating Council, Loxahatchee Council of Governments,
MPO
Councilmember Russo - Budget Oversight Committee, North County Economic
Advisory Board,
Councilmember Delgado - Northlake Boulevard Task Force, Recreation Advisory Board
Vice Mayor Sabatello - Seacoast Utility
Both Mayor Jablin and Councilmember Russo indicated they would attend Gardens
United, North County Governmental
City Manager Fen’is - Municipal League
Consensus was to ask Vice Mayor Sabatello if he wished to continue as Liaison to the
Planning & Zoning Commission and if he did not Councilmember Delgado indicated she
would serve.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Russo reported he, Growth Management Director Wu, and the City
Manager had met with Commissioner Marcus the previous week regarding funding for
potential traffic calming improvements for MacArthur Boulevard, and that there were
funds available. After development of a plan by the City Engineer, a meeting with the
residents and Commissioner Marcus would be held to review the plan. Councilmember
Russo reported Jupiter also had traffic concerns and recommended inviting
Commissioner Marcus and her staff to attend a future City Council meeting as soon as
possible to discuss traffic issues, and to hold that workshop at the beginning of the
Council meeting. Councilmember Russo reported USA Baseball was considering locating
to Roger Dean Stadium in Jupiter, which the City of Palm Beach Gardens supported.
Chair Pro Tem Clark welcomed members of his family who were present.
COMMENTS FROM THE PUBLIC:
Julia Byrd, Daffodil Circle, clarified items attributed to her in a newspaper article,
commented regarding the recent campaign, and requested a copy of the auditor’s 2001
Annual Report.
Linda Hug, hey indicated she had requested to speak before the reorganization, and
expressed her opinion regarding the selection of Mayor and Vice Mayor.
CONSENT AGENDA:
Councilmember Russo requested items d, e, and f, be pulled for a short presentation on
each. Councilmember Russo requested that a policy be established regarding the items
that would be placed on the Consent Agenda in the future. Councilmember Clark moved
approval of the consent agenda with the following items pulled: item d - Resolution 41,
item e - Resolution 43, and item f- Resolution 47. Councilmember Delgado seconded the
motion, which carried by unanimous vote of 4-0. The following items were approved on
the consent agenda:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/21/02 3
a. Consideration of approving Minutes from the February 21, 2002 regular City
Council Meeting.
b. Resolution 31, 2002 - Skate Park Contract. Consideration of approving an
agreement with Tim Givens Building and Remodeling, Inc., for the construction
of a skate park.
c. Resolution 35, 2002 - One-Year Extension of FRDAP Grant. Consideration of
approving amendment 1 to the Florida Recreation Development Assistance
Program (FRDAP) funding agreement for Westminster Park (DEP contract
number F1361).
g. Resolution 22, 2002 - Golf Professional Contract. Consideration of approving a
Golf Professional Agreement with Steve Russell.
h. Proclamation - "Days of Remembrance" in memory of the victims ’of the
Holocaust.
i. Vehicle Towing Services Contract - Consideration of approving an additional 60-
day extension to the vehicle towing services contract with Kauff’s Towing.
Resolution 41, 2002 - Planner Jackie Holloman presented Resolution 41, 2002 for Laser
and Surgery Center of the Palm Beaches - Consideration of phase one approval of a 3.2-
acre site plan to allow for the development of phase one, consisting of 20,345 square feet,
as part of a two-phased, medical office use located within the Regional Center
Development of Regional Impact (DRI) and Planned Community District (PCD),
providing for an amendment to Resolution 64, 1998, to allow ground sign at the
Northwest entry to the site. Councilmember Russo questioned whether this was a medical
office building or surgery center. Councilmember Russo recommended that all projects
have short presentations and that it would not be necessary to hear from the petitioner
unless there were questions. Petitioner indicated the building use would be for an
outpatient surgery clinic and medical offices. Growth Management Director Wu
explained that in terms of the site plan there was no difference in a clinic and a medical
office. Petitioner agreed to add a condition prohibiting ovemight stays. Chair Pro Tem
Clark moved approval of Resolution 41, 2002 with the added condition read into the
record that overnight stays are not permitted. Councilmember Russo seconded the
motion, which carried by a unanimous 4-0 vote.
Resolution 43, 2002 - Planner Kara Irwin presented Resolution 43, 2002 - Consideration
of approving two professional office buildings totaling 90,288 square feet on lots 4 & 5
of the Northcorp Planned Community District (PCD). Chair Pro Tem Clark moved
approval of Resolution 43, 2002. Councilmember Delgado seconded the motion, which
carried by a unanimous 4-0 vote.
Resolution 47, 2002 - Planner Kara Irwin presented Resolution 47, 2002 - South Trust
Bank Parcel 27/04 Regional Center Site Plan Approval. Consideration of approving a
site plan for an approximately 14,000 square foot branch bank office with four (4) drive-
through lanes and one ATM lane, located on the comer of PGA Boulevard and Kew
Gardens Avenue, which is within the Regional Center DRI and PCD along PGA
Boulevard, and amending Resolution 64, 1998, to relocate a ground sign. Applicant was
requested to work with staff regarding providing larger sizes of plant materials at planting
as depicted in the drawing or an explanation of why smaller sizes would be provided and
to return in two weeks.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/21/02 4
PUBLIC HEARINGS:
Ordinance 11, 2002 - Mayor Jablin declared the public hearing open held on the intent of
Ordinance 11, 2002 - An ordinance the City of Palm Beach Gardens, Florida, providing
for an amendment of Section 78-261, "Definitions," of Division 5, "Public Places," of
Article V, "Supplemental District Regulations," of Chapter 78, "Land Development" of
the City Code of Ordinances by amending the definition of development; providing for
codification; providing for severability; providing for conflicts; and providing for an
effective date, for consideration of second reading. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Mayor Jablin re-opened the
public heating to hear Bernard Elias who questioned the position of the City Council
when Art in Public Places was required but not installed. Staff explained that applicants
paid cash, which was escrowed for the art and that no time deadlines had been established
for compliance. Staff indicated that future resolutions would contain time deadlines. A
building that had not yet placed their art was discussed and how the escrow funds could
be accessed if they never installed that art. staff reported the owners had indicated the art
was very large and complicated and was still under construction. The City Attorney
advised that a letter could be sent asking that it be installed by a certain date. Mayor
Jablin requested that in the future a time be established in the resolution that was
agreeable to the applicant and that in the case under discussion, a letter be sent requesting
a progress report. Hearing no further comments from the public, Mayor Jablin declared
the public hearing closed. Chair Pro Tem Clark moved to place on second reading and
approve Ordinance 11, 2002. Councilmember Russo second the motion, which carried by
a unanimous 4-0 vote. The City Clerk read Ordinance 11, 2002 by title only.
Ordinance 5, 2002 - Councilmember Delgado was recused due to conflict of interest.
Senior Planner Edward Tombari presented Ordinance 5, 2002 - Consideration of an
ordinance the City Council of the City of Palm Beach Gardens, Florida, approving an
application from Sprint Telecommunication for an amendment to the Westwood
Gardens/Lakes Planned Unit Development (PUD) to allow for construction of a 125 foot
high wireless telecommunication tower, to be located within the Westwood Gardens
Section of the PUD located south of Hood Road, between Interstate 95 and the Ronald
Reagan Turnpike, as more particularly described herein; providing for conditions of
approval; providing for waivers; providing for conflicts; providing for severability; and
providing for an effective date, for consideration of second reading. Julio Dumas,
representative for the petitioner, indicated flag etiquette would be followed and the
petitioner would be amenable to the City Council’s suggestion to try the flag for 60 days
from issuance of a certificate of completion and to give the City Council sole discretion
to remove the flag if at any time.. Mayor Jablin declared the public hearing open. A
resident expressed her opinion that it was a very large flag and two people would be
needed to take it down and it would be very hard to remove it after it had been allowed.
Two versus three carriers was discussed, and the City Council had no objection to three
carders since the size of the pole would not be increased. Mike Forestall, Property
Manager, Westwood Gardens, stated he guaranteed the flag would be raised and lowered
each day and proper flag etiquette would be followed. Mr. Wu clarified if the City
Council preferred three users, condition 3 would be eliminated and a new waiver
substituted; also, condition 6 would state "Within 60 days of certificate of completion of
said tower, the applicant shall request that the City Council review the status of the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/21/02 5
American flag or if it shall be removed from the flag pole. At any time, the City in its
sole discretion may order removal of the flag. Consensus was to proceed with the next
agenda item while a new waiver was being drafted. Councilmember Delgado rejoined
the City Council.
RESOLUTION:
Resolution 6, 2002 - Consideration of appointing Kenneth Steele to the Board of Trustees
of the General Employees’ Pension Plan. Chair Pro Tern Clark made a motion to approve
Resolution 6, 2002. Councilmember Russo seconded the motion, which carried by a
unanimous 4-0 vote.
ORDINANCES:
Ordinance 15, 2002 - Staff presented Ordinance 15, 2002 - An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the
City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and
ending September 30, 2002, inclusive; providing for the repeal of ordinances in conflict
herewith; providing for severability; and, providing for an effective date, for
consideration of first reading. Councilmember Russo requested research as to savings
achieved by other cities using the same proposed police vehicle program, and to present
this item to the Budget Oversight Committee. Chair Pro Tern Clark made a motion to
place Ordinance 15, 2002 on first reading by title only. Councilmember Delgado
seconded the motion. Motion carried 3-1 with Councilmember Russo opposed. The City
Clerk read Ordinance 15, 2002 on first reading by title only.
Ordinance 46, 2001 - Mayor Jablin, Chair Pro Tern Clark, and Councilmember Russo
disclosed that they had met with the petitioner. Planner Kara Irwin presented Ordinance
46, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval of an application for a rezoning of approximately 24.68 acre
parcel of land from Planned Development Area (PDA) to Residential High (RH) with
Planned Unit Development Overlay Zoning District (PUD), to be known as "Alta Pines,"
by approving the construction of 264 multi-family units and accessory uses, located
approximately ½ mile north of the intersection of Military Trail and Hood Road, on the
west side of Military Trail, as more particularly described herein; providing for waivers;
providing for conditions of approval; providing for severability; providing for conflicts;
and providing for an effective date, for consideration of first reading. Chair Pro Tern
Clark made a motion to place Ordinance 46, 2001 on first reading by title only.
Councilmember Russo seconded the motion. Motion carried by a unanimous vote of 4-0.
The City Clerk read Ordinance 46, 2001 on first reading by title only.
Ordinance 12, 2002 -An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for the approval to adopt the Florida Fire Prevention Code;
Repealing Article III, "Standards," of Chapter 38, "Fire Prevention and Protection," of
the City Code of Ordinances in its entirety and adopting a new Article III, "City of Palm
Beach Gardens Fire Code;" providing for codification; providing for severability;
providing for conflicts; providing for transmittal to the State Fire Marshal; and providing
for an effective date, for consideration of first reading. Chair Pro Tem Clark made a
motion to place Ordinance 12, 2002 on first reading by title only. Councilmember Russo
seconded the motion. Motion carried by a unanimous vote of 4-0. The City Clerk read
Ordinance 12, 2002 on first reading by title only.
CITY ATTORNEY REPORT:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/21/02 6
Kyoto Drive Railroad Crossing Discussion - City Attorney Rubin explained that the
Kyoto Drive railroad crossing was part of the City Center Linkages Plan, was necessary
for PGA CRALLS, and was incorporated in both the County and City comprehensive
plans. Current status was that last December FDOT had issued a permit for the crossing.
In response to the notice of intent, two objections requesting formal hearings were
received one from FEC Railroad and one from Mr. Blangey, who believed there should
be an overpass over the overpass instead of an at-grade crossing. The City Attorney
indicated the heating had been scheduled for June as a 5-day hearing which would be
full-blown trial which would have been expensive, but FEC had now taken the position if
the City allowed them input into the design of the railway crossing that would settle their
claim. Since the City had already agreed to any and all safety standards, now the heating
would be continued and negotiations would be conducted with FEC.
RETURN TO ORDINANCE 5, 2002 - The City Attorney announced the amended
language in condition 3 would state that the tower would have a maximum of three users;
the old condition 6 would be deleted and replaced with a new condition 6 which would
state: Within 60 days of the issuance of a certificate of completion, the applicant shall
request a review by the City Council regarding the continuation of displaying the
American flag on this structure. The City Council may at its sole discretion may limit or
prohibit the display of such flag on this structure. At any time from the effective date of
this ordinance, should said flag not be properly displayed, or complaint regarding
display of said flag be filed with the City the City Council may require the applicant,
successors, or assigns to remove said flag. The City Attorney advised addition of a
waiver from LDR Section 78-159 Note 64, Subsection L-2 to allow for 3 users on a 125-
foot tower, since code required a maximum height of 125’ for a 2-user tower. Chair Pro
Tem Clark made a motion that Ordinance 5, 2002 be placed on second reading by title
only and approved. Councilmember Russo Seconded the motion. Motion carried by a
unanimous vote of 3-0. The City Clerk read Ordinance 5, 2002 on second reading by title
only.
Joan Elias, President of CAN in PGA National, thanked Mr. Russo for his work as Mayor
and wished the new Mayor luck.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/21/02 7
ADJOURNMENT:
There being no further business to discuss, upon motion by Chair Pro Tem Clark,
seconded by Councilmember Russo, carried 4-0, the meeting was adjourned at 9:40 p.m.
APPROVAL:
MAYOR ERIC JABLIN
VICE MAYOR CARL SABATELLO
CHAIR PRO TEM DAVID CLARK
COUNCILMAN JOSEPH RUSSO
ATTEST:
COUNCILWOMAN ANNIE DELGADO
BLANE KAUTHEN
CITY CLERK
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I ~.NI %A~,II I.IR~,1%&%tl MII)I)I I NAP.4F
~.! All IN(.i ~I]I)RI
CI I’Y (’OI ~ N I"Y
IIAIE OS ~I,’HK’H ~,’(IIF
NAMI:. O1" HOARI). (’[)IlN{’II . (’OM MI.NSION, AU ~IIO~11 Y. OR (’OMMII-I ~
I HI" ~OARI). COtJN(’II.. COMMISSION. AtJ1 HORI33" OR COMMIIq’EE
WItlCH I .~ERVE IN A tlNIlOI-:
i~ CTI"Y r~ COUNTY O OIHER I.OCAI. AGENCY
NAME OF POI.IT1CAI..~UIIDIVI.~ION:
MY POSITION I.S:
ELECTIVE E~ APPOI?’,TIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest un~ler Section 112.3143, Florida Statutes.
3bur responsibilities under the law ~hen faced with a measure in which you have a conflict of interest will vary greatly depending
on ~hether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing ;he roerse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective ,:ount), municipal, or other local public office .MUST ABSTAIN from voting on a measure which inures
’to his special prig.ate gain. Each local officer also is prohibited from kno~ingly ,.odng on a measure ’,..hich inures to the special
gain of a principal (other than ago, ernmem agency) b.v ~hom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b.v publicl.v stating to the assembly the nature of )’.our interest in the measure on
v, hich you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form ~.ith the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointi,,e count), municipal, or other local public office %lUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure v, hich inures to the
special gain of a principal (other than a government agency) by ~’hom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making an)" attempt to inlluence the decision b.v oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO %lAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE M,EETING AT WHICH
THE VOTE WILL BE TAKEN:
¯You should complete and File this Form (before making ant’ attempt to influence’the decision) wilh the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
¯A copy of the Form ~hould be provided immediately to the other members of the agency.
¯The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
¯ You should disclose orally the nature of your conflict in the measure before participating.
¯You should complete the form and file it within 15 days after the vote occurs with theperson responsible for recording the minut~
of the meeting, who should incorporate the form in the minutes.
(a) A measure came or will come before my agency which (check one)
inured to my special pri,,ate gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
DISCLOSURE OF LOCAL OFFICER’S INTEREST
, by ~hom I am retained.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §!12.317 (1985’), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 8’~ ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENAL~’Y NOT TO EXCEED $5.000.
CE FORM 1~R - I~1 PAGE
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: March 22, 2002
Meeting Date: April 4, 2002
Subject/Agenda Item:
Resolution 32, 2002-P.G.A. Resort Community Golf Course Plat
Recommendation/Motion:
There are no engineering concerns with this plat, therefore we recommend its approval.
Reviewed by:
City Attorney
Finance
ACM
Other
Assistant City Engineer
Ap ,p~ed~
City Manager
Originating Dept.:
Growth Management
Advertised:
[X ] Not Required
Affected parties
[ ] Notified
[X] Not required
Costs: $. 0
(Total)
$ 0
Current FY
Funding Source:
[ ] Operating
[ ] Other
Budget Acct.#:
Council Action:
[ ] Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued,to:
Attachments:
[ ] None
BACKGROUND: See attached memorandum.
RESOLUTION 32, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE P.G.A. RESORT
COMMUNITY GOLF COURSE PLAT AND, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City engineer has reviewed the P.G.A. Resort CommunitY Golf
Course 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 P.G.A. Resort Community Golf Course Plat consisting of
fourteen (14) sheets, prepared by CCL Consultants, Inc., attached hereto as Exhibit "A."
SECTION 2: This resolution shall be effective upon adoption.
INTRODUCTED, PASSED, AND ADOPTED this
2002.
day of
ATTEST:
ERIC JABLIN MAYOR
CAROL GOLD, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN, CITY ATTORNEY
Resolution 32, 2002
Page 2 of 2
VOTE:
Mayor Jablin
Vice Mayor Sabatello
Councilwoman DelGado
Councilman Clark
Councilman Russo
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
Sean C. Donahue, P.E. ~
March 22, 2002
99-4081
SUBJECT: PGA National Golf Course-Plat
We have reviewed the plat prepared by CCL Consuitants, Inc. for the referenced
project for technical compliance with Chapter 177 of the Florida Statutes and the
City of Palm Beach Gardens requirements. We have no engineering or surveying
concerns with the plat. Therefore, we recommend its approval.
SCD/
PAPBGMEMO\4081~4081 r.doc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: March 22, 2002
Meeting Date: April 4, 2002
Subject/Agenda Item:
Resolution 33, 2002- MacArthur Parcels 12.04 & 12.05, A P.U.D. Plat
Reco m mendatio n/Motio n:
There are no engineering concerns with this plat, therefore we recommend its approval.
Reviewed by:
City Attorney
Finance
ACM
Other
~¢~.~e d J~y: .
Scan C. Donahue, P.E.
Assistant City Engineer
Approved bye,
City Manager
Originating Dept.:
Growth Management
Advertised:
[X ] Not Required
Affected parties
[ ] Notified
[X] Not required
Costs: $ 0
(Total)
$ 0
Gurront FY
Funding Source:
[ ] Operating
[ ] Other
Budget Acct,#:
Council Action:
[ ] Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ] None
BACKGROUND: See attached memorandum.
RESOLUTION 33, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE MACARTHUR
PARCELS 12.04 &12.05, A P.U.D. PLAT AND, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the MacArthur Parcels 12.04 &
12.05, A P.U.D. Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all
the technical requirements of the City’s Land Development Regulations and Chapter
177, F.S. and recommends the approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and ’LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the MacArthur Parcels 12.04 & 12.05, A P.U.D. 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:
ERIC JABLIN MAYOR
CAROL GOLD, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN, CITY ATTORNEY
Resolution 33, 2002
Page 2 of 2
VOTE:
Mayor Jablin
Vice Mayor Sabatello
Councilwoman DelGado
Councilman Clark
Councilman Russo
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:
DATE:
FILE NO.
MEMORANDUM
Carol Gold
Sean C. Donahue, P.E. ~t3
March 22, 2002
99-4052
SUBJECT: Catalfumo-Parcels 12.04/12.05 (AKA Banyan T,ree PUD)
We have reviewed the plat prepared by Lidberg Land Surveying, Inc. for the
referenced project for technical compliance with Chapter 177 of the Florida
Statutes and the City of Palm Beach Gardens requirements. We have no
engineering or surveying concerns with the plat. Therefore, we recommend its
approval.
SCD/
PAPB GMEMO\4052\4052w.doc
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: April 4, 2002
Date Prepared: March 12, 2002
SUBJECT/AGENDA ITEM
Extension Of Congress Avenue North Of Northlake Boulevard
Consideration for Approval: Resolution 48, 2002, a City-initiated request for Palm Beach
County to include the design and construction of Congress Avenue (4 lanes) from
Northlake Boulevard north and east to Alternate A1A on Palm Beach County’s 5-Year
Capital Improvement Plan, and in the Palm Beach County Five "(ear Road Program,
(17 & 18-42S-43E)
RECOMMENDATION
Staff recommends approval of Resolution 48, 2002.
Reviewed by:
Principal Planner@
Steven B. Cramer,~lCP
City Attorney/~
Leonard G. R~Lbin
Development
Compliance
Bahareh Wolfs, AICP
Submitted by:
Growth /~
Mana~el’~l~nlt
Direct r~,l~.ll~_~.. ~, ~
Charles K. Wu, AICP
Approved b~J _~.,==
City Maria er~,,~3~~
Ronald M. F~ris/
Originating Dept.:
Growth Management:
Project
Manager
John Lindge~n,-AICP
Advertised:
Date:
Paper:
[ ] Notified
[X] Not Required
FINANCE: NA
Costs: $
Total
Current FY
Funding Source:
[ ] Operating
[ ] Other
Budget Accto#:
P&Z Commission
Action: NA
[ ] Approved
[ ] App. w/conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
¯ Resolution 48, 2002
¯ Year 2020: Roadway
Network by Number of
Lanes Plan (Palm
Beach County)
¯ Palm Beach County
Five Year Road
Program - Exhibit A
[ ] None
City Council
Meeting Date: April 4, 2002
Date Prepared: March 12, 2002
Resolution 48, 2002
BACKGROUND
At a recent public meeting held on February 20, 2002, City residents voiced concern
regarding the traffic along MacArthur Boulevard, and specifically wanted more information
regarding the Congress Avenue extension from Northlake Boulevard to Alternate A1A. City
residents and Staff all agreed that the early construction of this linkage would relieve the
potential cut-through traffic on MacArthur Boulevard. City residents wanted to know if this
un-built roadway was on Palm Beach County’s 5-Year Capital Improvements Plan (CIP).
The Congress Avenue extension from Northlake Boulevard northeast to Alternate AIA is
currently shown as a four-laned road on Palm Beach County’s "Year 2020: Roadway
Network by Number of Lanes Plan" ("2020 Plan"), and calls for this portion of Congress
Avenue to be completed by the year 2020 (see attachment).
After contacting Palm Beach County, Staff was able to determine that the Congress
Avenue extension from Northlake Boulevard to Alternate A1A is shown on Palm Beach
County’s CIP; specifically, it is listed in Exhibit A of the Palm Beach County Five Year Road
Program (see attachment). In Exhibit A, this roadway segment is listed as 0.7 miles
length, and 3 lanes in width. To date, no money has been programmed for design or
construction; however, money has been designated for acquisition. In fiscal year 2002,
$200,000 has been allocated for right-of-way acquisition, and in fiscal year 2003, $600,000
has been allocated for additional right-of-way acquisition. For fiscal year 2005, $2,500,000
has been listed as a payment (in anticipation of money from a developers agreement with
the Hilltop Mobile Home Park).
STAFF RECOMMENDATION
Because of the rapid growth of development throughout northern Palm Beach County, and
the City of Palm Beach Gardens in particular, the un-built connecting roadways shown on
the "2020 Plan" and the Palm Beach County Five Year Road Program are needed now as
traffic relievers. Therefore, the Growth Management Staff recommends that the City
formally request that Palm Beach County include the design and construction of the
Congress Avenue extension from Northlake Boulevard northeast to Alternate A1A on the
Palm Beach County 5-Year Capital Improvement Plan (CIP), and in Exhibit A of the Palm
Beach County Five Year Road Program. Furthermore, Staff recommends that the City
request that this roadway reflect the size shown on the "2020 Plan" as a four-laned road.
g/john: congressavenueextension.cc
2
April 4, 2002
RESOLUTION 48, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, REQUESTING PALM BEACH COUNTY
TO INCLUDE THE DESIGN AND CONSTRUCTION OF THE
CONGRESS AVENUE EXTENSION, AS A FOUR-LANED ROAD, FROM
NORTHLAKE BOULEVARD NORTHEAST TO ALTERNATE AIA ON
THE PALM BEACH COUNTY 5-YEAR CAPITAL IMPROVEMENT PLAN
(CIP), AND IN EXHIBIT A OF THE PALM BEACH COUNTY FIVE YEAR
ROAD PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens recognizes the rapid growth of
development throughout northern Palm Beach County, and the City of Palm Beach
Gardens in particular; and
WHEREAS, the City of Palm Beach Gardens wishes to expedite the construction
of roadways in the City that would serve as "traffic relievers" for the current and future
development in the City of Palm Beach Gardens and the neighboring areas and
municipalities; and
WHEREAS, the City of Palm Beach Gardens has identified the un-built extension
of Congress Avenue from Northlake Boulevard to Alternate A1A as a "traffic reliever" for
the City of Palm Beach Gardens and the neighboring areas and municipalities; and
WHEREAS, Palm Beach County currently has listed in Exhibit A of the Palm
Beach County Five Year Road Program, money allocated for the acquisition of right-of-
way for Congress Avenue from Northlake Boulevard to Alternate A1A; and
WHEREAS, the Growth Management Department has recommended that the City
formally request Palm Beach County to include the design and construction of the
Congress Avenue extension from Northlake Boulevard northeast to Alternate A1A on the
Palm Beach County 5-Year Capital Improvement Plan (CI P), and in Exhibit A of the Palm
Beach County Five Year Road Program, and that this roadway reflect the size shown on
Palm Beach County’s "Year 2020: Roadway Network By Number Of Lanes" Plan as a
four-laned road.
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
formally requests that Palm Beach County include the design and construction of the
Congress Avenue extension from Northlake Boulevard northeast to Alternate A1A on the
Palm Beach County 5-Year Capital Improvement Plan (CIP), and in Exhibit A of the Palm
Resolution 48, 2002
Meeting Date: April 4, 2002
Date Prepared: March 12, 2002
Congress Avenue Extension
Beach County Five Year Road Program, and that this roadway reflect the size ,shown on
Palm Beach County’s "Year 2020: Roadway Network By Number Of Lanes" Plan as a 4-
laned road.
SECTION 2. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 2002.
ERIC JABLIN, MAYOR
ATTESTED
BY:
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY CLERK CITY ATTORNEY
VOTE:
MAYOR ERIC JABLIN
VICE MAYOR CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN ANNIE DELGADO
COUNCILMAN JOSEPH R. RUSSO
AYE NAY ABSENT
g/john: congressavenueextension.res
2
I I ,oss, ’’
I
I
SCALE - MILES
YEAR 2~: ROA~AY I~E~ BY ~ER ~ LAN~S
ATLANTIC
OCEAN
17, I
0
Z
m
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 11, 2002
Meeting Date: April 4, 2002
Subject/Agenda Item: Consideration of Resolution 51, 2002, accepting a proposal for
summer camp transportation services and authorizing execution of an agreement.
RECOMMENDATION/MOTION: Staff recommends approval of Resolution 51, 2002, and
awarding the bid for summer camp bus transportation to Jupiter School Bus Service Inc., in
the amount of $65,280.00
Reviewed by:
CffyAttorl y~zi~
Human Res._.
Other
Submitted by: Tim
Kasher~L~
Special Interest
Coordinator
City Manager//
Originating Dept.:
Community
Services/Recreation
Advertised:
Date: January 20, 2002
Paper: Palm Beach Post
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
Costs: $65,280.00
Total
$ 65,280.00
Current FY
Funding Source:
[ ] Operating
[ X ] Other: Special
Revenue
Budget Acct.#::
14-1505-575.3150
Council Action:
[] Approved
[] Approved w/Conditions
[] Denied
[] Continued to:
Attachments:
1.Memo from Special
Interest Coordinator
2.Copy of Proposal
form
3.Resolution 51,2002
4.Agreement
[ ] None
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris DATE: March 12, 2002
APPROVED: Jack Doughney, Assistant City Manage~~l~
FROM: Tim Kasher, Specialized Interest Coordinator~:,~_.~_
SUBJECT: Summer Camp Bus Transportation Bid
BACKGROUND:
Bus transportation services are required during the summer camp season, June 10, 2002
through August 9, 2002 to transport summer camp attendees to various field trips during
the course of the summer. Because we enroll over 600 children in the camps each
summer it is necessary to utilize five buses (some days 6 depending on enrollment) daily
to adequately accommodate the transportation needs of the camps.
A single bid was received to provide the service following advertisement in the Palm
Beach Post on January 20, 2002, with additional bid solicitations sent to known vendors.
Funds for the payment of the services will come from the user fees associated with the
Summer Camp program located in the Special Revenue Fund, account #14-1505-575-
3150.
DISCUSSION:
On February 15, 2002, the bids for providing bus transportation services were opened
with only a single bid received, $65,280.00 from Jupiter School Bus Service, Inc., of
Riviera Beach, Florida. Fees include driver, maintenance and operation and all other
charges associated with bus operations, excluding tolls.
RECOMMENDATION:
Staff recommends that the award for providing Summer Camp Bus Transportation
Services be made to Jupiter School Bus Services, Inc., in the amount of $65,280.00.
( VI Individual
( Corporation
Name of Organization
Address
Telephone Number
Business Address
i PROPOSAL FORM
~, mplefing the information questions below, if additional space is-needed, attachments to this
//form are acceptable.
( ) Partnership
( ) Other (Specify)
(Or Individual)
oo-q,7.’77qq Tax I.D:
.~ ~"00 l~l Z, /( 1’2o]U0 City
State ~.Zip Code
Organized Date ~’-- q7
Proposer’s Representative
Title
Proposed Total Fee to Provide Requested Services $ o~ ~7"O- OO/06(" D(~ per- ~Q,
Prices set forth above are firm proposals and are not subject to price adjustment except as defined
in the General and Technical Specifications.
Addenda received:
(Corporate Seal)
ATTEST:
Signature
Title
Date
PROPOSER:
Signature
Title
Date
9
APPENDIX A
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute. 287.087 hereby certifies that
0"~ l’~e.r Se_~oa[ 6 ~.-( Se c-tit 6~(~/does not (circle appropriat6 response):
(Name of Business)
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the danger of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling.
10
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 51, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, ACCEPTING THE PROPOSAL FROM
JUPITER SCHOOL BUS SERVICE, INC. TO PROVIDE SUMMER CAMP
TRANSPORTATION AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT FOR SAME; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. :
WHEREAS, the City issued a Request for Proposals for Summer Camp Bus
Services; and
WHEREAS, City staff recommended acceptance of the proposal submitted by
Jupiter School Bus Service, Inc. in the total amount of $65,280.00; and
WHEREAS, the City Council has determined acceptance of the proposal and
execution of an Agreement with Jupiter School Bus Service, Inc. to be i~ the best
interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1 The foregoing "WHEREAS" clauses are hereby ra~ified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Council hereby accepts the proposal submitted Iby Jupiter
School Bus Service, Inc. in the total amount of $65,280.00 and authorizes ,the Mayor
and City Clerk to execute an Agreement with Jupiter School Bus Service, Inc.i a copy of
which is attached hereto as Exhibit "A" and incorporated herein by this reference.
SECTION 3: All Resolutions or parts of Resolution in conflict herewith a.’re 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, iin 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 ~doption.
-1-
RESOLVED, ADOPTED AND APPROVED THIS DAY OF ,2002.
MAYOR - ERIC JABLIN
ATTEST:
CITY CLERK
I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE:AYE NAY ABSENT
MAYOR - ERIC JABLIN
VICE MAYOR - CARL SABATELLO
MAYOR PRO TEM - DAVID CLARK
COUNCIL MEMBER - ANNIE DELGADO
COUNCIL MEMBER- JOSEPH RUSSO
-2-
,/
AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation ("City") and Jupiter School Bus Service,
Inc., a Florida corporation ("Contractor").
WHEREAS, the City desires to retain the services of the Contractor to provide bus
transportation service for the City’s summer camp season.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Developer and the City agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms and conditions of this Agreement shall include and incorporate the teims,
conditions and specifications set forth in the City’s Request for Proposal for Summer Camp
Bus Services dated January 2002 ("RFP"), and the Contractor’s Response to the Request! for
Proposal, including all documentation required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s RFP, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION ,
The City shall pay to Contractor the sum of $280 per bus per day for a total payment
of $65,280.00.
ARTICLE 4. INVOICES AND PAYMENT
A.Invoices
The Contractor shall submit invoices to the City on a bi-weekly basis.
B.Payment
The City shall pay each invoice within thirty (30) days from receipt. Unpaid
invoices shall bear interest in accordance with the Florida Prompt Payment Act.
ARTICLE 5. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days prior written notice to the City. Upon any such termination,
the Contractor waives any claims for damages from such termination, including, but no~
limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement,
the City shall pay the Contractor for services rendered through the date of termination in
accordance with the terms of this Agreement.
-1-
ARTICLE 6. INDEMNIFICATION
The Contractor recognizes that he is an independent contractor and not an agent or
servant of the City. In the event a claim or lawsuit is brought against the City, its officers,
employees, servants or agents relating to or arising out of the Contractor’s performance
under this Agreement, the Contractor hereby agrees to indemnify, save and hold harmless
the City, its officers, employees, servants or agents and to defend said persons from any such
claims, liabilities, causes of action and judgments of any type whatsoever.
ARTICLE 7. INSURANCE
Within ten (10) days of the Effective Date of this Agreement, the Contractor shall
furnish the City with Certificates of Insurance naming the City as an additional insured With
respect to any liability arising out of the Contractor’s performance of work under this
Agreement and demonstrating the Contractor’s compliance with the following:
A. The Contractor shall maintain Commercial General Liability Insurance at a
limit of not less than $1,000,00.00 per occurrence.
B. The Contractor shall maintain Business Automobile Liability Insurancelat a
limit of not less than $1,000,000 per occurrence for all owned, non-owned and hired
vehicles.
C. The Contractor shall maintain Worker’s Compensation Insurance in
accordance with Chapter 440, Florida Statutes. The Contractor agrees that this coverage:
shall be provided on a primary basis.
ARTICLE 8. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certificated mail (postage prepa.’id),
return receipt requested, to the following addresses:
As to City:City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida
Attn: City Manager
Facsimile: (561) 799-4111
33410
With a copy to:Watterson, Hyland and Klett, P.A.
4100 RCA Boulevard
Palm Beach Gardens, Florida 33410
Attn: Palm Beach Gardens City Attorney
Facsimile: (561) 627-5600
As to the Contractor:Jupiter School Bus Service, Inc.
3500 MLK Jr. Boulevard
Riviera Beach, Florida 33404
Attn: Richard Strome, President
-2-
B. Entire Agreement. This Agreement constitutes the entire understandingland
agreement between the parties with respect to the subject matter hereof.
C. Binding Effect. All of the terms and provisions of this Agreement, whefher
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by :he
parties and their respective legal representatives, successors, and permitted assigns.
D. Assignability. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement. :
E. Severabilitv. 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 h~reof
shall not be invalidated thereby and shall be given full force and effect so far as possible!
F. Governing Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in ;
accordance with, the laws of the State of Florida without regard to any contrary conflicts~ of
law principle. Venue of all proceedings in connection herewith shall lie exclusively in P~alm
Beach County, Florida, and each party hereby waives whatever its respective rights mayi
have been in the selection of venue.
G. Headings. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
H. Effective Date. The effective date of this Agreement shall be as of the d, ate
it has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in’,
the drafting and preparation ofth~s Agreement and, accordingly, no Court or Admlmstrat~ve
Hearing Officer construing this Agreement shall construe it more strictly against one pa(ty
than the other and every covenant, term and provision of this Agreement shall be construed
simply according to its fair meaning.
J. Attorney’s Fees. It is hereby understood and agreed that in the event any .
lawsuit in the judicial system, federal or state, as brought to enforce comphance w~th this
Agreement or interpret same, or if any administrative proceeding is brought for the same
purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees ’and
costs, including appellate fees and costs.
K. Equal Opportunity. The City and the Contractor agree that no person
shall on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed or age be discriminated against in the performance of this
Agreement.
SIGNATURES ON THE FOLLOWING PAGE
-3-
IN WITNESS WHEREOF, the parties have executed this Agreement on the &ites
hereinafter written. ~
Executed by the City this __ day of 2002.
[SEAL]
CITY OF PALM BEACH GARDENS, a Floi’lda
municipal corporation.
By:
Mayor
ATTEST:
City Clerk
Executed by the Contractor this __day of ,2002.
CONTRACTOR:
JUPITER SCHOOL BUS SERVICE, INC., a
Florid~ation
By:6’~~~,"~~
Richard Strome, President
WITNESS: ~ .
N~me
-4-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: April 4, 2002
Date Prepared: February 28, 2002
Subject/Agenda Item
Purchase of two Transport Rescue Units (Fire Rescue)
Recommendation/Motion:
Staff recommends the purchase of two Transport Rescue Units for the sum of $266,564.00 from
the Fire Rescue Impact Fee Fund (13-1200-522.6410), using the Florida Sheriffs Ass6ciation
Florida Association of Counties Bid Specification #01-09-0904.
Review,ed by~
City Attorne~t--¢~
Finance o.7(
ACM
Human Res.
Other
Submitted by~
Peter T. Bergel, Fire Cl~f
Department Head
App
City M~inagg(
Originating Dept.:
Fire Rescue
Chris R. Brown
EMS Commander
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
-[ ] Notified
[ X ] Not required
Costs: $ 266~564
Total
$ 250,000
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Fire Rescue Impact Fees
Budget Acct.#::
13-1200-522.6410
Council Aetibn:
[ ] Approved
[ ] Approved, w/
conditions
[ ] Denied
[ ] Continued, to:__
Attachments:’,
Staff Report
State Bid
Vehicle Workiheet
[ ] None
BACKGROUND:
Currently the Fire Rescue Department has a fleet of five Transport Rescue Units to service three fire
stations, with two reserve units. The current reserve umts were purchased at the inception of the
EMS Division in 1994. Two new transport units have been budgeted ~n the FY2001/20~02 Budget.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mr. Ron Ferris, City Manager DATE:
APPROVED: Peter T. Bergel, Fire Chi(~~~
FROM: C. R. Brown, EMS Commander
SUBJECT: Purchase-Transport Rescue Units
February 28th 2002
BACKGROUND
Currently, the Fire Rescue Department has a fleet of five Transport Rescue Units ~o
service three fire stations with two reserve units. The current reserve units were
purchased at the inception of the EMS Division, in 1994. Two new transport units nave
been budgeted in the FY 2001/2002 Budget.
ISSUE
The Fire Rescue Department will begin providing service from the new Fire Statioh #3
location on or about August 1st 2002. The current budget includes a new rescue tJnit for
this station. In addition, a second unit has been funded to replace one of the current
older frontline units. This will allow an eight-year old reserve unit to be traded in ahd will
facilitate the use of a newer, more reliable reserve vehicle. The expected service !ire of
these vehicles is seven years. However, in the future these vehicles may be refurbished
with a new chassis and remodeled patient unit as an alternative to total replacement.
These units will be purchased using Fire Rescue Impact Fee’s, initially budgeted ~t
$250,000.00, with an additional amount of $16,564.00 being used from the impactlfee
account, for a total of $266,564.00. This price includes a pre-payment credit of
$2,340.00 and $15,000.00 trade-in value for the older reserve unit¯
The new units will include additional safety features and upgrades, which will mee~ new
¯state regulations regarding temperature controlled medication storage. The veh=cles areI.being purchased using the Florida Sheriff’s Association / Florida Association of Counties
Bid (01-09-0904).
The purchase of these vehicles was presented to the Fleet Management Committe,’e and
approved for purchase. ’,
RECOMMENDATION
Staff recommends the purchase of two Transport Rescue Units for the sum of
$266,564.00 from the Fire Rescue Impact Fee Fund (13-1200-522.6410), using the
Florida Sheriffs Association / Florida Association of Counties Bid Specification #01~09-
0904.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 45, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING THE "PIGGYBACK" PURCHASE OF
TWO TRANSPORT RESCUE UNITS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Fire Rescue Department seeks to purchase two Transport Rescue
Units by piggybacking the Florida Sheriff s Association/Rodda Association of Colunties Bid
Specification (#01-09-0994); and
WHEREAS, the C~ty Councd determines that the purchase of the Transport Rescue
Units is in the best interests of the residents and citizens of the City of Pallm 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 ~uthorizes
the piggyback purchase of two Transport Rescue Units at a total cost of $266,564.00.
SECTION 3: All resolutions or parts of resolutions in conflict herewith a~re hereby
repealed to the extent of such conflict.I
I ¯SECTION 4: If any clause, section, other part or application of this Resolubon 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 applicatic~ns of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon ~doption.
RESOLVED, ADOPTED AND APPROVED THIS __
-1-
DAY OF
MAYOR
., 2002.
ATTEST:
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
VICE MAYOR
COUNCILPERSON
COUNCILPERSON
COUNCILPERSON
-2-
THISFORM ISSUED TO: ’ ".
ATTN: MARK JONES
TEN-8 FIRE EQUIPMENT, INC.
2904 59TH AVENUE DRIVE EAST
BRADENTON, FL 34203
(VOID ZFUSED BY ANY.OTHER CONTRACTOR) : ...... ¯
¯FOR SEALED ¯¯BIDS ON" " " ,,
ADMINISTRATIVE NON~PURSUIT, ,
UTILITY, FIRE-:& RESCUE/~HICLES,
TRUCKS~:. &:VANS "~,
¯ Participating:Sheriffls Offices &. Local, Governmental
Agencies of ~the State of Florida
Coordinated By
,WhP.____ .
Florida :SheriffsAss0ciation :
& Florida Association of ’ Counties
BIDI:NO. 01~09-0904
ADVERTISEMENT, INSTRUCTIONS.TO BIDDERS, SPECIFICATIONS, BID PROPOSAL
BID .TO. BE OPENED
10:00 I,JLM..,-SEPTEMBER 4~i 2001
¯ : -""~::"i ’~: " " "...~i.".: ’:/: "’"
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
SPECIFICATION #27 TYPE I AMBULANCE
2 WHEEL DRIVE MEDIUM DUTY
(DUAL REAR WHEEL, CAB & CHASSIS)
ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED
INSTRUCTIONS: In the first column labeled "Manufacturer’s Base Vehicle Standard Equip-
ment", check the applicable areas where the manufacturer’s base vehicle standard! equipment
meets the minimum specifications of the base vehicle bid.
Scope & General Requirements: This specification describes ar~ ambulance confi~uration as
defined in the FEDERAL SPECIFICATION FOR AMBULANCES, KKK-A-1822D, dat.’ed Novem-
ber 1, 1994, or most eurrcnt revision. Unless otherwise specified, described vehicle shall com-
ply to KKK-A- 1822D and the current National Truck Equipment/msociation/Ambul .~mce Manu-
facturers Division Standards, as well as the Chassis Manufacturers Incomple:te Vehicle
Manual, Body Builders Layout Book and Ford Motor Company Qu~!ified Vehicl~ Modifiers
(QVM) Program Truck Guidelines.
The bidder is to understand that the Florida Sheriffs Association does not guarantee any quantity
of vehicles will be ordered off this contract. The bidder will further understand that this program
operates under a split bid award system which allows the end user authority to put, chase from
any of the responsive bidders authorized and awarded to do business off this contrac~t. The end
user authority will contract directly and individually with the awarded bidder of their choice
for any and all vehicles offered on this contract and any other features, options [and equip-
ment items required to meet their individual needs. Customers may select from any pub-
lished optional items within this bid contract, or from any unpublished options! submitted
to the purchaser by the manufacturer. .
Delivery of the vehicles shall be accomplished by factory or dealer drive away programS. However,
the right is reserved for the individual end users to pick up the vehicles at either the f~ctory or the
dealership.
Prospective bidder(s) are advised that the following documentation is to be included and made
part of the bid submission. The Bid Coordinator reserves the right to disqualify any bi~der(s) who
are in non-compliance with this provision.
Bid Bond: A five perce~it (5%) Bid Bond Issued by a bonding company licensed :: to conduct
business in the state of Florida is required and shali be provided as part of the bid p,hckage. Bid
bond will be made out to the Florida Sheriffs Association as coordinator of this bid unless other-
wise indicated or approved by FSA’s Bid Coordinator.
Performance Bond: A one hundred percent performance bond will be required for ea,’ch contract
between the bidder and the end user authority based on the final specification and, price. The
company who is submitting the performance bond must have a minimum A rating as idetermined
by A.M. Best Company. However, the right is reserved for the individual end user to waive the
performance bond requirement and receive a credit for the performance bond amouht noted on
the option price list, provided by the manufacturer.
Note: A letter from a bonding company licensed to do business in Florida must be sub~rnltted with
the bid stating that the manufacturer vcill provide a 100% Performance Bond betwee~ the bidder
and the end user authority upon award of this bid.
01-09-0904 309
The manufacturer of this"~6hicle:
Shall be a current member in go.od Standin~ of the Ford Motor Company Qualified
Vehicle Modifier Program, and shall submit a copy of the membership certificate as
part of the bid proposal. " .
¯Shall be a Participating Member of the National Truck Equipment Association’s Am-
bulance Manufacturers Division and submit a copy of his membership ce.l-tificate as
part of the bid proposal.
¯Shall submit a copy of current certification of compliance with Fed. Spec. KKK-A- 1822D
for the type vehicle described herein, as prepared by an independent third party testing
laboratory. (In-house certification will not be acceptable.)
Shall carry not less than twenty five million dollars ($25,000,000.00) in prod .hct liability
insurance and shall submit a copy of this insurance with the bid proposal.
¯Shall possess a .Florida Motor Vehicle Department license as a Manufacturer of Motor
Vehicles and shall provide a copy of the license with the bid proposal.
¯Shall be or have a Florida Dealer Representative who shall possess a Florida Motor Ve-
hicle Dealers license and shall provide a copy of the License with the bid proposal.
¯Shall employ full-time parts personnel with toll-free access number.
¯Shall employ a full-time electrical troubleshooter with toll-free access number.
¯Shall employ a full-time warranty representative with toll-free access number.
¯Bidder shall submit how warranty service claims will be handled in the State of Florida.
ENGINE
a.Diesel engine, 6-cylinder minimum.
b.Heavy-duty alternator, minimum 250 amp.
c. Maintenance free heavy-duty batteries, 750 CCA minimum.
d. Manufacturer’s heavy-duty engine cooling.
2. TRANSMISSION
o
ao Electronic Allison Transmission
Manufacturer’s transmission off cooler: water to oil
heavy-duty cooling.
AXLES
a.Front Axle: 8,000#
b..Rear Axle: 12,000#
c.Front Suspension: 8,000#
Manufacturer’s
B~’se Vehicle
~tandard
¯ Equipment
01-09-0904 310
d.Rear Suspension: 12,000# air suspension with dual instant
response leveling valves.
4. PERFORMANCE 1TEMS
a.Power Steering
b.Anti-lock brakes
c. Power brakes, disc type front, disc or drum rear.
d. Fuel capacity, minimum 45 gallon
e. Heavy-duty front and rear shocks.
5.COMFORT ITEMS
a.Factory installed air conditioning
b.Tinted glass {factory tlnt}
c. Dual air suspension seats with armrest
d. Rubber floor mat instead of carpeting
e. AM/FM radio
SAFETY ITEMS
a.Driver and passenger lap and shoulder belt
with retractor.
b. Dual electric horns
c. Outside mirrors to provide vision for vehicles
96" wide
d. Two speed wipers with intermittent
e. Interior dome lights wired to right and left doors.
f. Halogen headlights with daytime running feature.
7. TIRES AND WHEELS
a.BSW, all season tread radial 19.5 inch tires
8.CHASSIS, FRAME, CAB
a.Minimum GVWR 19,000 Ibs.
b.Cab to center of axle 102 inches
9.MODULAR BODY CONSTRUCTION
ao The ambulance body and patient compm’hnent shall be sufficient
in size to meet the requirements of this specification and those of
paragraph 3.10.1 of the current KKK-A- 1822D.
be Vehicle
Eq,~dpment
01-09-0904 .311
PROPOSAL PRICE
SPECIFICATION #27 - TYPE I AMB~CE
2 WHEEL DRIVE MEDIUM DUTY
(DUAL REAR WHEEL, CAB & CHASSIS)
BID NO. 01-09-0904
Unit Price Per
Base Vehicle
Ford F-650 4x2 Ambulance
Freightliner FL60 4x2 Ambulance
International NGV 4300 4x2 Ambulance
International NGV 4400 4x2 Ambulance
International 4700LP 4x2 Ambulance
$ No Bid
8.114,160.]00
$i08,136.00
$ ~16,971.:00
$ No Bid
/ea.
/ea.
/ea.
/ea.
/ea.
Brand Name Medtec Ambulance Corporation
Model No. Voyager
All MedtecAmbuiance Corporation additional models not lis~ed shall
be offered at 6% over dealer cost on base models. All add%tional
add-on options and accessories shall be offered at 10% ore F dealer
cost. All other terms and conditions ofthe Florida Sheriffs
Association bidspecifications and requirements shall apply.
Delivery should occur endar days after receipt of chassis.
Agent’s Signature:Date: Aug u s t 3’0, 2001
01-09-0904 Revised Addendum Page ,. 312
Rescue Unit State Bid Options
Base Rescue Unit
Dual 12 Volt/110 A/C Unit
LED Lighting Package
Increase Patient Compartment
Lettering & Striping
Sirens
Additional Interior Compartments
Emergency Lighting
Extended Front Bumper
Upgrade Engine 195-215 HP
Aluminum Wheels
Relocate Side Entry Door
Walkthrough Door
Dash Mount Parking Brake
Keyless Entry
Restock Cabinet
Impervious Countertops
Seamless Upholstery
S.C.B.A. Seat
Sharps Compartment
Transmission with Park
Air Horns
Mansaver
Auto Eject Shoreline
Oxygen D Tank Compartment
Medication Cabinet A/C Duct
Radius Cabinet Edges
Scribe Tray
Slide out Battery Tray
Clock
Rear Speakers
Medical Glove Holders
Air Horn Lanyard
Backboard Compartment
TOTAL OPTIONS
$108,136.00
$4 405.00
$4 275.00
$3 875.00
$3 235.00
$2 356.00~
$2 000.00
$1 383.00.’
$1 320.00
$1 054.00
$1 100.00
{935.00
{935.00
$848.00
$786.00
$660.00
$605.00
$495.00
$495.00,
$420.00
$337.00,
$300.00
$282.00~
$250.00
$175.00
$175.00
$175.00
$175.00
$165.00
$135.00
$130.00
$120.00
$110.00
$1o5.o0
$33,816.00
TOTAL UNIT PRICE $141,952.00
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March, 26, 2002
Meeting Date: April 4, 2002
Subject/Agenda Item:
Consideration of Resolution 46, 2002, reactivating the Municipal Complex Art Task Force
and the extending the dissolution date for a period of one year. ,
Recommendation:
Approval of Resolution 46, 2002
Reviewed by:
City Attorney
Submitted by:
City Attorn~
Approved by:
Cit~
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:
Resolution 46, 2002
Explanation:
The Municipal Complex Art Task Force was created in 1999 to make recommendations
to the Art Advisory Board regarding the selection of artwork for the municipal Complex.
Two years ago, the City Council extended the dissolution date from October 7,:, 2000 to
December 30, 2001. Adoption of this Resolution reconfirms all prior appointm’,ents and
extends the dissolution date to April 4, 2003 to enable the Task Force to complete its
mission. ,
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 46, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEA~CH
GARDENS, FLORIDA, REACTIVATING THE MUNICIPAL COMPLEX.~RT
TASK FORCE AND EXTENDING THE DISSOLUTION DATE FOR A
PERIOD OF ONE YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 97, 1999, the Cit.’y Council
established a Municipal Complex Art Task Force ("Task Force") and appbinted six
members to make recommendations to the Art Adwsory Board regarding the a~t program
and selection of artwork for the new municipal complex; and =~
WHEREAS, Resolution 97, 1999 provided for automatic dissolution of the Task
Force on October 7, 2000, unless extended by the City Council; and I
WHEREAS, through the adoption of Resolution 109, 2000, the Cit~ Council
appointed two additional members and extended the dissolution date of the Task Force to
December 30, 2001; and I
WHEREAS, due to the fact that the art selection process for the municipa~l complex
has not yet been completed, the City Council wishes to reactivate the Art Task Force and
establish a new dissolution date; and
WHEREAS, the City Council determines that the adoption of this Resolution is in
the best interests of the residents and citizens of the City of Palm Beach Gardt,ens.
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 ~onfirmed
as being true and correct and are hereby made a specific part of this Resoluti0,n.
SECTION 2: The City Council hereby reactivates the Municipal Comple~ Art Task
Force as of December 30, 2001 and extends the dissolution date for one yeai from the
effective date of this Resolution, at which t~me the Task Force shall automatically be
dissolved unless extended by the City Council. All prior appointments to the Task Force
are hereby reconfirmed.
SECTION 3: All resolutions or parts of resolutions in conflict herewith a:re hereby
repealed to the extent of such conflict.
-1-
SECTION 4: If any clause, section, other part or application of this Re, solution is
held by any court of competent jurisdiction to be unconstitutional or invalid,i 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
CITY CLERK
I HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE:AYE NAY ABSEN~
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILPERSON CLARK
COUNCILPERSON RUSSO
COUNCILPERSON DELGADO
-2-
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
SUBJECT/AGENDA ITEM
SP-01-33 Fire Station #5 at Frenchman’s Reserve PCD
Consideration of Approval: A request by George Gentile, agent for the City of Palm
Beach Gardens, to approve a site plan for a 8,620 square-foot fire-rescue station and
police sub-station within the Frenchman’s Reserve Planned Community Distdct (PCD),
located at the northeast corner of Hood Road and Alternate A1A (1-42S-42E)..
RECOMMENDATION
Staff recommends APPROVAL of Resolution 50, 2002.
Reviewed by:
Principal Planner "~
Talal Benoth~
Human Res. NA
Submitted by:
Growth/~ ~N~pgement
Directo~
Charles~.V~u, - "AICP
Originating Dept.:
Growth Management:
Project ~
Manager
Edward To m bN’a~l C P
Advertised:
Date:
Paper: Palm Beach
Post
Ronald IV’tTFlris
[X.~equired
Affected parties:
[ ] Notified
[X] Not Required
FINANCE: NA
Costs: $
Total
$
Current FY
Funding Source:
[ ] Operating
[X] Other NA
Budget Acct.#:
NA
P&Z Commisd, ion
Action:
[ ] Approved
[ ] App. w/cohditions
[ ] Denied
[ ] Rec. appro,’,val
[X ] Rec. app. W/conds.
[ ] Rec. Denia, I
[ ] Continued io:__
Attachments: i
¯ Resolution 5b, 2002
¯ Map 1: Subject Site and
Surrounding U ’,ses
¯ Code Comparison
Table
¯ Site Plan
¯ Landscape Plan
¯ Building EleVations
and Floor Plan§
¯ Frenchman’~ Reserve
Master Plan
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
SP-01-33
BACKGROUND
The Frenchman’s Reserve Master Plan was approved by the City Council by Ordinance
5, 2001 on March 15, 2001. The master plan provided for a 2-acre site for a "Public
Civic Area" that is to be utilized as a fire-police sub-station. Watermark Communities
deeded the site to the City prior to the sale of the remainder of the PCD property to Toll
Brothers, the master developer of Frenchman’s Reserve.
To date, the golf maintenance facility, clubhouse and four residential pod site plans
have been approved within the Frenchman’s Reserve PCD; however, no residential
certificates of occupancy have been issued.
LAND USE & ZONING
The subject site is zoned Planned Community District (PCD) with an underlying zoning
of Public/Institutional (P/I), has a future land-use designation of Residential Low (RL),
and has a Master Plan designation of Public Civic Area.
CONCURRENCY
The City Engineer’s office has signed off on all concurrency requirements for the
proposed development.
PROJECT DETAILS
Site
The two-acre site has been cleared as partof the initial clearing of the PCDi property.
The environmental assessment conducted on the property indicated that ~the most
environmentally significant areas were located elsewhere within the PCD. T.,he site is
bounded by Hood Road to the east and south, by the Frenchman’s Reserve multi-family
"Pod H" to the north and Alternate A1A to the west. The site is located at the inortheast
corner of Hood Road and Alternate A1A.
A ccess
The Fire Station site is located on the west side of Hood Road, within the west.~rn half of
the PCD property. The only access shall be off of Hood Road. The site planl indicates
two access points off of Hood Road, one point is an exit only for rescue vehicles. A
2
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
SP-01-33
secondary entrance provides for ingress and egress for general vehicles as well as
rescue vehicles.
The proposed traffic signal at Hood Road and Alternate AIA shall be activated for
emergency rescue vehicles exiting the site.
Building and Architecture
The proposed architecture shall be consistent with the "Mediterranean revival" theme of
the Frenchman’s Reserve PCD. The architecture and floor plan is identic;al to that
approved for Fire Station Number 4 within the Mirasol PCD.
Parking
Section 78-345 of the Land Development Regulations (LDRs) requires 1 parl~ing space
per 300 square feet of "governmental use." Based on 8,620 square feet of use, the
applicant is required to provide 29 parking spaces. The applicant has previded 45
parking spaces. This represents 55% over and beyond the minimum parking
requirement for their use. The LDRs permit a maximum of 10% above code requirement
for number of parking spaces. The applicant has requested a waiver to eXceed this
code requirement.
Drainage
Site drainage is connected to the overall master plan drainage system that !has been
approved.
Landscaping
The applicant is providing a native landscaping theme on site, similar to the landscaping
provided at Fire Station Number 4 within the Mirasol PCD. The total points required are
4,019; the applicant has provided 4,671 points. The western and southern boundaries of
the site abut the Frenchman’s Reserve PCD buffer, and the eastern boundary is
adjacent to the Hood Road Parkway. Therefore, the site shall be heavily scree~ ned from
view with landscaping, given the double landscape buffers that will surround the site.
The multi-family "Pod H" is adjacent to the site to the north. The developer ~f "Pod H"
shall be required to provide for an eight-foot landscape buffer at this location ,when that
site plan is reviewed for approval, in addition to the eight-foot buffer to be provided by
the applicant adjacent to this site.
3
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
SP-01-33
SLana.qe
The applicant is proposing one monument sign and two wall signs. The. proposed
signage meets all code requirements.
Li_clhtina
The applicant is proposing a "shoebox" style lighting standard, consistent with the
lighting located along Hood Road within the Frenchman’s Reserve PCD. The LDRs
require that the lighting pole heights do not exceed 25 feet in height.
Waivers
Code Section Required
Section 78-345
Number of Parking
Spaces Required
1 space per 300
square feet or 29
spaces
Provided
45
Waiver
Requested
Yes
Staff Recommendation
Support (1)
(1)The applicant is proposing to utilize this facility for community event~. At such
time, it may be necessary to provide for additional parking above aqd beyond
what is typically required for a "governmental use." Due to the fact that the facility
shall provide a community service that will benefit residents within thei City, and
that the parking area is screened by two landscape buffers (on-site and PCD),
staff is recommending approval of this waiver request.
PLANNING AND ZONING COMMISSION
On February 12, 2002, the Planning and Zoning Commission reviewed this ~,pplication
and unanimously recommended approval to the City Council. The Commission made
one recommended change to the site plan that included widening the drive aisles from
24 feet to 40 feet within the parking lot configuration to allow for improved turn,around for
vehicles at the end of the parking lot area.
The applicant has revised the plans to allow for the reconfiguration, to the satisfaction of
the City Engineer.
STAFF RECOMMENDATION
Based on the fact that this site meets all the requirements of the Frenchman’s~ Reserve
4
City Council
Meeting Date: April 4, 2002
Date Prepared: M~rch 20, 2002
SP-01-33
PCD and the City’s LDRs, with the exception of the parking requirement, staff
recommends approval of petition SP-01-33.
Staff also recommends approval of the one waiver requested based on tl~e above-
specified reasons.
G: Ed/2OO1/sp0133cc
Last Revised
March 18, 2002
March 20, 2002
March 22, 2002
RESOLUTION 50, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A SITE PLAN FOR AN 8,620 SQUARE
FOOT FIRE RESCUE AND POLICE SUBSTATION WITHIN
THE FRENCHMAN’S RESERVE PLANNED COMMUNITY
DISTRICT (PCD), LOCATED AT THE NORTHEAST CORNER
OF HOOD ROAD AND ALTERNATE AIA, AS MORE
PARTICULARLY DESCRIBED HEREIN;PROVIDING FOR
ONE WAIVER;PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City approved Ordinance 5, 2001, approving the Fre:.nchman’s
Reserve Planned Community; and
WHEREAS, the City has received an application from the City of Palm Beach
Gardens for a site plan review for a 8,620 square-foot fire rescue and police ~ubstation
within the Frenchman’s Reserve PCD, located at the northeast corner of Hood .Road and
Alternate A1A, as more particularly described in Exhibit "A" attached hereto; ahd
WHEREAS, the parcel is currently zoned Planned Community Development (PCD)
with an underlying zoning of Public/Institutional (P/I) and a future land-use designation
Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said a~pplication
and determined that it is sufficient and is consistent with the City’s Compreher~sive Plan
and Land Development Regulations; and
WHEREAS, the Planning and Zoning Commission has recommended approval of
the site plan for a Fire-Rescue/Police Substation within the Frenchman’s Rese"rve PCD.
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 a 8,620 square foot fire rescue and police substation ~Nithin the
Frenchman’s Reserve PCD, located at the northeast corner of Hood Road andiAIternate
A1A, as more particularly described in Exhibit "A" attached hereto and incorporated herein
by this reference.
Resolution 50, 2002
Date Prepared: March 18, 2002
SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves
the following waiver with this approval:
Section 78-345, to allow for parking in excess of the maximum require d by 55%;
the maximum permitted by code requirement is 10% in excess of code requirement.
SECTION 3. Said approval and construction shall be consistent with plan.s filed with
the City’s Growth Management Department as follows:
(1)March 6, 2002, Site Plan, Gentile, Holloway and O’Malley, Sheet sP-I.
(2)March 6, 2002, Landscape Plan, Gentile Holloway and O’Malley, Sheets L-1 and
L-2.
(3)March 5, 2002, Floor Plans and Elevations, Gentile, Holloway and O’Malley,
Sheets A 2.1, A 3.1, A 4.1.
(4)March 6, 2002, Photometric Plan, Gentile Holloway and O’Malley, Sheet PH-1.
(5)(Date Stamped) March 7, 2002, Paving, Grading and Drainage Plans, LBF&H,
Sheets H-l, P-1 - P-3, D1 - D3.
SECTION 4. 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 5. 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 6. All Resolutions, or parts of Resolutions, in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 7. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS THE DAY OF 2002.
ERIC JABLIN, MAYOR
ATTESTED
BY:
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY CLERK CITY ATTORNEY
VOTE:
MAYOR JABLI N
VICE MAYOR SABATELLO
COUNCILMAN CLARK
COUNCILMAN RUSSO
COUNCILWOMAN DELGADO
AYE NAY ABSENT
Resolution 50, 2002
Date Prepared: March 18, 2002
Reso,lution 50, 2002
Date Prepared: March 18, 2002
EXHIBIT A
G :ledl2OO21spO 133res
SUBJECT SITE AND SURROUNDING LAND USES
Maximum Density for:
N/A
Minimum Site Area
15,000 SF
Minimum Site Width
100 feet
Maximum Building Lot
40%
Maximum Building Height
45 feet
Front Setback
25 feet
Required Parking:
1 per 300 = 29 spaces
49 feet
Building Side Setback 65.87 feet Yes
15 feet
Side Setback Facing a Street ’
15 feet 36.73 feet Yes ’
Rear Setback 164.86 feet Yes
15 feet
No Yes
200 feet
9.9%
Yes +
24 feet
Yes
45 spaces =
155% of code required parking
Yes
Yes ’
Yes
87,120 square feet
--o
AIt. A1A
EXIST¯ W.M.
Flamingo
>
Fire Station No. 5
Frenchman’s Reserve ~
Palm Beach Gardens, Florida
,,,e,~+_-
CITY OF PALM BEACH GARDENS
PA LM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, The U.S. Department of Housing and Urban
Development, under the Housing and Community Development Act of 1974,~: as
amended, has allocated Community Development Block Grant (CDBG) funds
Palm Beach County to meet the needs of low and moderate income persons; and
WHEREAS, The Community Development Block Grant Program has a
significant impact on Palm Beach County and the City of Palm Beach Gar~.ens by
providing infrastructure improvements, economic development opportunitie’S, public
facilities, affordable housing, public service s, and services to the homeless; d, nd
WHEREAS, Palm Beach County’s Housing and Community
Development Department works diligently meeting the needs of the low and :moderate
income County citizens.
NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach
Gardens, Florida, do hereby proclaim the week of April 1 through 7, 2002, qs
COMMUNITY DEVELOPMENT WEEK’,
in the City of Palm Beach Gardens to encourage local government, non-profit
organizations, and residents in the City of Palm Beach Gardens to recognize, the
efforts of the Community Development Program.
IN WITNESS WHEREOF, I hdve hereunto
set my hand and caused the Se’al of the City
of Palm Beach Gardens, Fl’.orida, to be
affixed this 21st Day of March, in the year
Two Thousand and two.
ATTEST..
MAYOR
BLANE KAUTHEN INTERIM CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: April 4, 2002
Date Prepared: Marc h 20, 2002
SUBJECT/AGENDA ITEM ~
CU-01-06/SP-01-44- Christ Fellowship "South Campus" Conditional Use andl Site Plan
Amendment l
First Reading for Ordinance 2, 2002; and Consideration of Resolution 4, 2002: a request by Joe
Ryan of Palm Beach Gardens Christ Fellowship Church to allow for deletion of cond=bons on
approval of amendments to the site’s conditional use and site plan. The South Cam~pus site is
located at 5312 Northlake Boulevard, approximately ¾ mile west of Military Trail. (23-4,2S-42E)
The applicant had originally been scheduled for first reading of Ordinance 2, 2002 and co.’nsideration
of Resolution 4, 2002 on March 7, 2002. The applicant has requested a postponement until the April
4, 2002 meeting of the City Council.
RECOMMENDATION
Staff recommends approval of Resolution 4, 2002, and Ordinance 2, 2002.
Reviewed by:
Principal Planner
City Attorney ~
Finance t J~
Human Res. NA
Submitted by:
Growth ~/L
Manage~
Directort ~
Charles K. Wu, AICP
Approved by,~
City Manageg_~~
Originating Dept.:
Growth Management:
Project
Manager
Ed Tombari, A’]-CP
Advertised:
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. appioval
IX] Rec. app.lw/conds.
[ ] Rec. Denial
[ ] Continue~ to:
Attachments:
Ordinancei2, 2002
Resolution 4, 2002
¯Aerial Map~
¯Ordinance ..34, 1999
¯Resolution !5, 2000
¯Resolutioni13, 1991
¯Ordinance ..’30, 1990
¯ CF respon’se to
residents: ~/6/02
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition CU-01-06
SP-01-44
BACKGROUND
The applicant has requested several amendments from various development orders
pertaining to the Palm Beach Gardens Christ Fellowship Church, which occupie~ two sites
on both sides of Northlake Boulevard, known as "South Campus" and "North iCampus."
Each campus is a distinct zoning district; therefore, separate action must be tal~en by the
City Council for each site. Ordinance 30, 1990, approved the "South Campus" as a
Conditional Use within a residential area, which provided for a church and accessory pre-
school use. The site plan for this use was approved by Resolution 13, 1991.
Since the original approval, the site plan and conditional use have been amended several
times by Resolution 5, 2000, and Ordinance 34, 1999. Resolution 5, 2000, provided for a
time extension for completion of certain improvements previously approved on {he "South
Campus" site. As part of this approval, the City added a condition of app, lroval that
"Immediately upon the issuance of the first Certificate of Occupancy for the sar~ctuary on
the north campus of Christ Fellowship, shuttle bus or any type of transportation service
between the north and south campus shall cease." The applicant is requestin~a that this
condition be deleted.
Ordinance 34, 1999 approved an increase in maximum capacity at the "Southl Campus"
sanctuary. As part of this approval, the City added a condition of appioval that
"Simultaneous broadcasts of presentations, programs or sermons conducted at any remote
location to this site shall be prohibited." The applicant is requesting that this co’.ndition be
deleted.
LAND USE & ZONING
The subject site is zoned Residential Low- RL-3 with a zoning overlay of Conditional
and has a future land-use designation of Residential Low.
Use,
CONCURRENCY
The applicant is requesting no expansion of use; therefore, concurrency is not~requ~red.
PROPOSED AMENDMENTS
Resolution 5, 2000, Condition 1" Shuttle Bus
"Immediately upon the issuance of the first Certificate of Occupancy for ihe
sanctuary on the north campus of Christ Fellowship, shuttle bus or any other
2
City Council
Meeting Date April 4, 2002
Date Prepared: March 20, 2002
Pet!tion CU-01-06
SP-01-44
type of transportation service between the north and south campuses shall
cease."
Appficant’s Request
It is the applicant’s intent to eliminate this condition so that they may resume shu ,ttle service
between the north and south campuses. The applicant has cited increased saf, ety as the
main reason to resume service, by providing worshipers a safer alternative t.o walking
across six-lane Northlake Boulevard.
Staff’s Initial Analysis
Staff requested that the applicant provide the City with a description of the number and
size of the vehicles to be used, as well as the operating schedule and route that the shuttle
service would follow.
Appficant’s Response
The applicant has submitted information on the shuttle vehicles and times of opePation (see
attached), and has indicated that the church owns two late model 25 and 30-1~assenger
vehicles. The applicant has submitted an operational plan indicating the shuttle bus route
between campuses.
Staff Recommendation
It is staff’s professional opinion that the applicant is providing for safer transport of church
members between two sites that comply with all applicable zoning codes. I.h order to
ensure the safety of Church members traveling between the two campu, ses, staff
recommends the elimination of Condition 1 of Resolution 5, 2000.
Ordinance 34, 1999, Condition 2
"Simultaneous broadcasts of presentations, programs and sermons
conducted at any remote location to this site shall be prohibited."
Appficant’s Request ’
.iThe applicant has stated that both the North and South campuses have rece~yed traffic
concurrency and site plan approval for religious uses operating simultaneously and has
therefore requested that this language be eliminated in its entirety.
3
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition CU-01-06
SP-01-44
Staff’s Initial Analysis
Staff requested that the applicant expand further upon the traffic operation procedures at
the Northlake Boulevard entrances to the north and south campuses during the,beginning
and end of services. Staff has reviewed the original traffic operation procedures, date
stamped March 11, 1997 and notes that the study does not address the op’,eration of
utilizing both sites simultaneously for services and/or activities. The traffic operational
procedures must adequately address the possibility of both sites (north and south campus)
exiting and entering onto Northlake Boulevard simultaneously, should the lan~guage be
deleted.
Applicant’s Response
The applicant submitted a previous traffic analysis and operational procedures~ for staff’s
review as part of the initial PUD approval process (attached). The Police Depa~ment has
reported no problems related to traffic operations at the site after one full year of bperation.
Staff’s Recommendation
Staff found no evidence of traffic control problems at the entrances to both the North and
the South Campus. Both sites have received approval from the City for religiou s use with
certain square footage and sanctuary seating. The applicant has also provided Staff with a
traffic operations site plan, indicating how traffic is controlled from both campeses. It is
staff’s professional opinion that activities occurring on both sites simultaneou#ly do not
pose a significant hazard. Therefore, staff recommends deletion of this condition.
NEIGHBORHOOD COALITION MEETING OF JANUARY 311 2002
The applicant met with the coalition of neighbors at the City’s Fire Rescue B.uilding on
January 31, 2002. The meeting was conducted at the request of the residents. At the
meeting, the residents expressed a concern regarding the Church’s future g~owth and
requested that the Church refrain from pursuing the proposed amendments toithe North
and South Campuses until such time that the Church has created a comprehensive
development plan, including any future expansions to the east. The Church exEressed its
interest in moving forward with the proposed amendments, as it had already waited nine
months for review of the proposed amendments. The coalition requested inforrpation the
Church provided, including information on area real estate values, traffic analysis, lighting,
projected number of attendees and a "future concepts report." The information was
submitted to the neighborhood coalition members for their review and has been filed with
the City. Attached is the cover memorandum, from the Church regarding the information
submitted in response to the coalition’s concerns.
The coalition also expressed concerns regarding the availability of parking spaces on the
4
, City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition CU-01-06
SP-01-44
North Campus site. The current code requires a ratio of one parking stall for eyery three
seats, therefore allowing for an expansion of seats to a maximum 2,417. The church
currently has 1,750 seats on the North Campus, per the condition of approval placed on
the North Campus development order. The neighborhood coalition has argued tl~at a more
reahst~c number for th~s s~te ~s one parking stall per two seats. Th~s was confirm, ed dunng
the original approval of the North Campus when a head count of vehicles, conducted by
the coalition, entering the site for services equaled an average of 1.9 persons Per vehicle.
This difference between code requirement and the reality of number of persons per vehicle
has led to ongoing overflow parking problems, claims the coalition.
At the time of original approval, the code required only one parking stall per four seats.
PLANNING AND ZONING COMMISSION RECOMMENDATION
On January 8, 2002, the Planning and Zoning Commission held a public bearing to
consider the subject petitions and voted 6-1 to recommend approval to the City Council.
STAFF RECOMMENDATION
Staff recommends approval of petitions CU-01-06 and SP-01-44.
G: ed/200 l/cu0106sp0144cc
February 19, 2002
March 20,12002
ORDINANCE 2, 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 SOUTH CAMPUS DEVELOPMENT ORDER
LOCATED AT 5312 NORTHLAKE BOULEVARD, APPROXlMATEEY
314 MILES WEST OF MILITARY TRAIL, BY AMENDING I 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 CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 30,
1990, providing for a conditional use for a religious sanctuary and pre-school accessory
use at the "Christ Fellowship Church South Campus Site," which is located at 5312
Northlake Boulevard, approximately ¾ miles west of Military Trail, as more p~articularly
described herein, as subsequently amended by Ordinance 34, 1999; and ~
WHEREAS, the City of Palm Beach Gardens received an application (.GU-01-06)
from Palm Beach Gardens Christ Fellowship Church, Inc., for approval of amen’,dments to
conditions of approval of the "Christ Fellowship South Campus Site"; and ~
WHEREAS, the "Christ Fellowship South Campus" site is currently zoned
Residential Low-RL-3 with a zoning overlay of Conditional Use (CU) with ~ land-use
designation of Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said a’pplication
and determined that it is sufficient and is consistent with the City’s Compreher~sive Plan
and Land Development Regulations and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Flori~la hereby
approves an amendment to the conditions of approval placed on the "Christ Eellowship
South Campus Site" as previously amended by Ordinance 34, 1999. The subject site is
located at 5312 Northlake Boulevard, approximately 3/4 miles west of Milita~ Trail, as
more particularly described in Exhibit "A" attached hereto and incorporated her,’ein bythis
reference.
SECTION 2. The City Council amends Ordinance 34, 1999 by deleting condition of
Ordinance 2, 2002
Date Revised: March 20, 2002
approval Number 3:
SECTION 3. Said Conditional Use is amended subject to the following new, condition,
which shall be the responsibility of the applicant, its successors or assigns:
(1)All other conditions of approval for the Christ Fellowship Church Sout~ Campus
Conditional Use approval and subsequent amendments shall remain in effect to
the extent not modified herein.
SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent lunsd~cb,on to be
unconstitutional, inoperative or void, such holding shall not affect the remainder of the
Ordinance.
SECTION 5. All ordinances or parts of ordinances of the City of Pa:lm Beach
Gardens, Florida, which are in conflict with this Ordinance are hereby repealed.
SECTION 6. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF 2002.
PLACED ON SECOND READING THIS DAY OF 2002.
PASSED AND ADOPTED THIS DAY OF 2002.
2
Ordinance 2, 2002
Date Revised: March 20, 2002
MAYOR ERIC JABLIN VICE-MAYOR CARL SABATELLO
COUNCILMAN DAVID CLARK COUNCILMAN JOSEPH RUSS0
COUNCILWOMAN ANNIE DELGADO
ATTEST BY:APPROVED AS TO LEGAL
FORM AND SUFFICIENCY B’~’:
CITY CLERK LEN RUBIN, CITY ATTORNE’~
VOTE:
MAYOR JABLIN
VICE-MAYOR SABATELLO
COUNCILMAN CLARK
COUNCILMAN RUSSO
COUNCILWOMAN DELGADO
AYE NAY ABSENT
g/ed/2001 :cuO 106.ord2
3
Ordinance 2, 2002
Date Revised: February 19, 2002
EXHIBIT "A"
4
LEGAL DESCRffrI’ION:
PARCEL I :
A parcel of land lying and being in the Northeast Quaster of Seer/on 23, Townsh/p 42 Soulh. Rung¢ 42
East. Palm Beach County. Florida. more pasticularly described as follows:
From the .Northeas~ section corner of said Sect/on 23. Townsh/p 42 South, Range 42 Eas~: thence South
0°03’46"’ West along th~ East line of said Seet/ou 23. a disla~ce of I07A5 feet to a point lying on the
]~ [ ~t ~ w~ line of Lake Pad~ We~ Road as now laid out and in use; thence We~ along said
¯ Southern right of way line a disiance of 1606.00 feet to the Point of Beginning and the Noxtheasl corner
of th~ hereina/~r described parcel; thence ¢on~.u¢ West along said Southerb’ right of way line a distance
oi" 306.48 feet to a paint; thence Soulh a distance of 550.00"feet to a point; thence Easl a dislunce of
156.48 feet to a poim of cu~,e concave tO the Northwest; thcace Northerly and East~’ly along the arc of
said curve, having a radius of 500 feet a~d a cenu’al angle of 15°49"36’’. a distan~ of 151.93 feet to a
point; d~¢nce North a distance of 534.65 feet to the Point of Beginning
Less the South 50 feet thereof for canal right of way as con~’eye~d by Right of Way Deed recorded in
Official Record Book 1861. page 241, and less the North 30 feet thereof as tony., ed by Right of Way
Deed recorded in Official Record Book 4171, Page 1253. "
PARCEL 2
Lot in -no~ included" part of umecorded plat of Horseshce Acres more par~cularty desc~ocd as follows:
Conuncncing at the Northwest corner of the East hell of Scctinn 23 in Township 42 South. Range 42 EasL
-Palm Beach Coumy. Florida: thence South along the Wesl line of said East half of Scctiun 23 of an
ass’umcd beming South 0~01 ’53" West a di~tan~ of 107.45 feet to a point in the South right of way" line of
Lake Park We~ Road; thence at bearing due East along said righ! of way line a distance of 587.96 feel to
the Nor~west corner of the parcel dcecfibed herein and tie Point of Begimxing; thence continno at
hem-ing dne East a distanoc of 150 feet to a point: thence at be, adng due South a dislance of 500 feet to a
poim in the North rigl~ of way line of Canal No. I; thence at bearing dno West along the raid fight of way
line a dislance of 150 f¢~ to a point: thence at hearing due North a distance of 500 fee~ to the Point of
Beginning.
Less the Noxth 30 feet thereof as c~nveyed to Right of Way Deed recorded in Oft~ial Record Book 4171.
Pa~ 1253.
Together ~,~.th: ’
A parcel of land ITing and beAng in the Northcast quarter of Section 23. To~ship 4-2 South. Pamge 42
East. Palm I~..ach County. Florida, more paxlic~arly described as follows: .
From the Northeast section corner of said Soction 23. Township 42 South. Range 42 East; thence Sonth
0°09’4~6" We~.. ~long the East ~ of sakl Section 23, a distance of 1fl7.45 feet to a point k.4ng on
sonthera right of way of La~e Park West Road as now laid out and in use; thence W~zt along said
sontl~wn right of way lino a d/stun~ of 1607.00 feet to the Point of Beginning and ti~ no~ust corner of
the hea~naftet ek~cn~ed parcel: tlw,~ce con~in~ West alou~.said sonthedy right of way line a distance of
306.48 f~t to a point: thouce S~th a dist=nce Of 550.00 f~[t to a po/nt: tl~a¢¢ East a distance of 156.48
f¢~ to a I~int of ou~’e o0ncav¢ to tl~ northv,~st: thence north~ly and ~terly aloag the arc Of said curve.
having a ~adJus of 550 fe¢~ ai~ a ~ ~ of |5e49"3@’ a ~ Of 151.93 f~t~t to.a point;
North a distance of 529.15 feet to a Po/nt of Begimdng, less the following des~a’bed pm’~l: fi’om the
Northeast ~ c~rner of said S~tion 23. Town~ip 42 SO, h, Range 42 ~st, thence South 0009’46"
W¢~-L along the East line of said S¢ctinn 23, a distance.of 107,45 feet to a point lying ou the so~rn
right of way- line a distunc¢ of.1607.0O feet to the Point of Beginning and the northeast com~ of the
heminal~r describ~xi parcel; theac¢ oontinno West along said mudmm right of way line a distance of
30~.48 f¢~ to a point: thollce So~h a ~ of ~00.00 ~ to a potht: thence East a distance of 156.48
feet to a point of curve concave to the Northwest; t~ce northerly and ~terl~ alo/~8 the a~c of said curve.
hm:ing a radius of 500.00 feet aad a ceatral angle of 17027"27" , a distane¢ of 152.35 f~t to a point:
then~ Northern a distance of 476.9"/feet to tl= Point of Beginning.
Together
A parcel of land lying and heing in the northeast quml~ of Section 23. Township 42 South, Range 42
EasL Palm Beach County, Flo~ta, more pa~ descril~d us follows:
Con~ at the ~otlh~a~ corn~ of the Eas~ half of said Section 23; thence South alot~g, the West line
of said East lmlf of S¢~ion" 23 on an assamed beatiAg of South 0~01’53" West a distance of 107.45 fee~ to
.a po/nt in the Soui~ right Of way fine of Lake Parle West Raa~; thouce b~xing East along said righ| of way
line a d~tance of 73"/,9~ f~ to a [~int 1913.48 f¢~t w(~torl~y of ~ Ea~ line of said Seet.iun 23 (as
meaanred along said right of way lia¢): the.,ee__ S~th a distance of 500:00 feet to the North line of
fight of.way for Ca~al No. l a~ r¢=:xm~=d th ~ R¢~rd Bo0~ .1855, Page 1378, public reeords of Palm
Beach County, Florida and the Point of ~,ijnnin~ of the ~ deserihed parcel; thence ountiano
South 50.0O feet to the centerlino of Ca~al No. i; thea~ West, along said cent=d/no, a distance of 150.00
feet toa po/nt; thouce North ~0.00 feet to ~ North right of way of Canal No. I; th~n~ ~ along said
dgMofwayadistanceof 150,00feettothePointofBeginning ’
February 19, 2002
RESOLUTION 4, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAEM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
AN AMENDMENT TO PALM BEACH GARDENS CHRIST
FELLOWSHIP DEVELOPMENT ORDER BY AMENDING !A
CONDITION OF APPROVAL FOR A PREVIOUSLY APPROVED SITE
PLAN FOR THE CHRIST FELLOWSHIP SOUTH CAMPU, S,
LOCATED AT 5312 NORTHLAKE BOULEVARD, APPROXIMATE ,]LY
3/4 MILE WEST OF MILITARY TRAIL, AMENDING RESOLUTION!5,
2000; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Palm Beach Gardens received an application (,SP-01-44)
from Palm Beach Gardens Christ Fellowship for an amendment to a condition Of approval
for a previously-approved site plan located at 5312 Northlake Boulevard, approximately
3/4 mile west of Military Trail as more particularly described herein; and
WHEREAS, the "Christ Fellowship South Campus" site is curren’tly zoned
Residential Low-RL-3 with a zoning overlay of Conditional Use (CU) and a land use
designation of Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said ~pplication
and determined that =t =s suff=c=ent and =s cons=stent w=th the C=ty s Comprehees=ve Plan
and Land Development Regulations and has recommended approval. ’
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THEi CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Flori~la hereby
approves amendments to conditions of approval placed on the Christ Fellowship South
Campus Site’ as amended by Resolution 5, 2000. The subject site is located at 5312
Northlake Boulevard, approximately 3/4 miles west of Military Trail, as more piarticularly
described in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 2. The City Council amends Resolution 5, 2000, by deleting condition
of approval Number 1
Resolution 4, 2002
Date Revised: February 19, 2002
SECTION 3. Said Site Plan is amended subject to the following new condi[ion, which
shall be the responsibility of the applicant, its successors or assigns: ~
(1)All other conditions of approval for the Christ Fellowship Chur~ch South
Campus Site Plan Approval and subsequent amendments shall Iremain in
effect to the extent not modified herein, i
SECTION 4. If any section, paragraph, sentence, clause, phrase, or w.~rd of this
Resolution is for any reason held by a court of competent jurisdictibn to be
unconstitutional, inoperative or void, such holding shall not affect the remain~der of the
Resolution.
SECTION 5. 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 6. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 2002.
ATTEST BY:
MAYOR ERIC JABLIN
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY B
CITY CLERK LEN RUBIN, CITY ATTORNE7
2
Resqlution 4, 2002
Date Revised: February 19, 2002
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMAN CLARK
COUNCILMAN RUSSO
COUNCILWOMAN DELGADO
AYE NAY ABSENT
G/ed/2001/sp0144res
3
Resolution 4, 2002
Date Revised: February 19, 2002
EXHIBIT "A"
4
Resolution 4, 2002
Date Revised: February 19, 2002
EXHIBIT "A"
4
LEGAL DESCRIPTION:
PARCEL I :
A parcel of land lying and being in the Noitheast Quarter of Section 23, Township 42 South, Range 42
East. Palm Beach County’. Florida, more particularly, described as follows:
From the Northeast section corner of said Section 23, Township 42 South. Range 42 Eas~: thence South
000Y46"’ West along the East line of said Soc~oa 23. a disumce ~)f 107.45 feet to a point lying on the
Southern fight of way line of Lake Pink West Road as now laid out and in as¢; thence We= along said
¯ Southern riglxt of way line a distance of 1606.00 feet to the Point of lkgianJng and the No=lheast confer
oflh¢ hcmAnafler described parcel; thence cunt~ne Wes~ along said Southerly right of way line a
oi" 306.48 feet to a point; thence South a distance of 550.00"fee~ to a point: ILienee East a distance of
156.48 feet to a poim of curve concave to the Northwest; tkert~ Northerly and East~ly along tbe arc of
said curve, having a radius of 500 fee~ arid a ocntral un#e of 15°49"36". a di~,mce of 151,93 fcct to a
point; thence North a distance of 534.65 fee~ to the Point of
Less the South 50 fee~ then=of for canal right of way as conveyed by Right of Way Deed recorded in
~ Reeord Book 1861. page 241, and leas the Noah 30 feet thereof as ¢onv~.ed by Right of Way
Deed recorded in Official P.eourd Book 4171, Page 1253.
PARCEL 2
Lot in "ne~ included" part of unrcx:orded plat of Horseshoe Acres more particularly described as follows:
Commencing at the Northwest corner of the East half of ScctJun 23.in Township 42 South. Range 42 East.
¯ Palm Beach Count’. Florida: thence South akmg the West line of said East half of Section 23 of an
assumed beari~tg S~th 0°01 "53" West a distance of 107.45 fee~ to a point in the South right of way line of
Lake Park We~ Road; thence at beating due East along said right of way line a distance of 587.96 feel to
the Northwest corner of the parcel described herein and the Point of Beginaing~ thence continue at
bearing due East a distance of 150 fcct to a point; thenco at bearinf dne South a distance of 500 fe~ to a
point in the North right of way line of Ca~tal No. I; then~ al bea~ng dne W~’t along ttm said right of way
line a distance of 150 fee~ to a point: thence at bearing dne North a distanco of 500 feet to the Poinl of
Less the Nol~h 30 feet thereof as conveyed to Right of Way ~ r¢i:~k~d ia Offinial R.¢~ord Book 417 I.
Pa~ 125].
Together vdth:
A parcel of land lying a~d being in the Northeasl quarter of Section 23. Township 42 South, Range 42
East, Palm Beach Cotmty, Florida, more panicuinrly desc~bed as follows: .
From the Northeast s¢clion corner of said SecLi~a 23, Townsh~ip 42 South, Range 42 East; thence South
0(’09’46" West. along the Easl ~ of said Section 23, a distance of 1,0%45 feet to a poim 13~ng on the
.~,uthern right of way of La~e Park ~li~e~l Road as now laid out and in use: thence West along said
southern right of way line a distance of 1607.00 ~ to the Point of Beginning ~d the northeast comer of
the hexeinafter dascribed parcel: Ihe~:* coa~inne We~l alon~, said soathe.rly right of way line a distance of
306.48 feet to a point: thence Sonth a di~tan~ of 550.00 fe~’t to a point: ltmliee East a distan~ of !~6.48
feet to a point of cur~e concave to the nomM~te, t" thence northerly andeasterly along the arc of said ta~rve.
having a radius of 550 fe~ an~ a cetltral angle of 15049"36" a distance of 151.93 feet to.a i~oint; thence
Notlh a dis~aiK* of 529.15 feet to a Pl~ut of Beginning, le*$ the following desu~l]x~d parcel: from
Notaheast section corner of said Section 23. Towaship 42 Sonfli, Ran~ 42 EasL thence South 0°09’46~
West. along the East Line of said Section :~3, a distanoe, of 107.45 feet to a point lying ml the so~lthern
right of way line of Lake Park We*t Road, as nero, laid out and in t~e; thence West along said southern
~ described parcel; "theaoe eonY, ilme West along said umthefn right of way line a distance of
306.48 feet to a point: ~ South a distance of 500.00 feet to a.point: thence East a distance of 156.4g
feet to a poim of carve concave to the Northwest; thence an~herly and easterly aloftg the arc of said
ha~,ing a radius of 500.00 feel aad a ceatral angle of 17027"27" , a distance of 152.35 feet to a point:
thence Northern a distanco of 4"/6.97 feet to the Point of Bel0oning.
Together ,with:
A parcel of land lying and being in the northeast quart~ of So~ion 23. Township 42 South, Range 42
East Palm Beach Cmmty, Florida. more pa~ described as follow~:
Commencin$ at the al)rthva~ comer Of the East half of saki Seelion 23; thence South along, the We~t Line
of said Easl half of S~’fion 23 on an assttmed beasing of South 0~01’53" West a distanceof 107.45 f~t to
.a point in the Soeth right of way line of Lake Pork Were Road~ thence bearing East along said right of way
line a distance of 737.96 feet to a ~ 1913.48 ~ westerly of the Ea~ line of said Section 23 (as
me.amm~ along ~ right of way Liae): ~e~-~_,~e__ Sou~th a distallce of 500:00 fe~ to the North line of .the
right of way for ~ No. i as rel;otded in Olficial P, ecold ~ 1855, Page 1378, lmbUc ireeorcls of Palm
Beach County’, Florida and the Point of Beginning of the hereimLt~-t ~les~ribed parcel; thence continue
South 50.00 feet to th~ c~tterliee of Canal No. 1; theme West, alot~g said een~erline, a distance of 150.00
feet toa poim;~North 50.00 feet to ~aldNorth right of way of Canal No. I: the,.neeEast along said
rig~ of way a distan~ of 150.00 feet to fl~e Point of Begimling
CHRIST FELLOWSHIP CHURCH SOUTH CAMPUS
SURROUNDING ZONING AND USES
C
June 24, 1999
Juue 3if, 1999
July 2, 1999
August 27; 1999
’ORDINANCE 34,1999--
AN ORDI2NANCE OF THE CITY COUNCIL OF THE CITY OF
PALM REACH GARDENS, FLORIDA, AMENDING
ORDINANCE 30, 1990 WHICH APPROVED A
CONDITIONAL USE, TO ALLOW AN INCREASE IN THE
MAXIN~M OCCUPAHCY AT THE SITE KNOWN AS
"CI-tl~ST FELLOWSHIP" WHICH IS GENERALLY
LOCATED ON THF; SOUTH SIDE OF NORTI-[LAKE
BOULEVARD WEST OF MII,ITARY TRAIL, AND TO
AMEND THE APPROVED USE OF THE RESIDENCE
BUILDING TO A YOUTH CENTER; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEPdEA$. the City has received an application from Christ Fellowship inc. to Imnend
}Ordinance 30, 1990 to allow an expansion of the conditional use and a change, in use !for the
residence to a youth center for a property mote particularly described in Exhibit "’A" (attacha), and
WHEREAS, Christ Fellowship’s conditional use was approved by Ordinance 30, 1990, and
WHEREAS, Christ Fellowship’s site plan was approved by Resolution 13, 1991, ,ar)d
WHEREAS, Christ Fellowship’s temporary modular units were approved by Resol,htion 4,
1997, and , ’:
\VHEREAS, tile City’s Growth Management Department has determined that approval of
said application is consistent with the City’s Compt-ehensivc Plan and Land Devel!opment
Regulations, and
WHEREAS, the City’s Planning and Zoning Commission has reconunended.applrovat of
this request, with conditions,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA: ’,
SECTION !. The City Council of the City of Palm Beach Gardens, Florida, app:yoves an
amendment to Ordinance 30, 1990 to amend the Conditional u~ to allow a temporary increase in the
maximum occupaacy to 768 seats. This ameadmeat shall b~ valid only until the issuance of the
C_,ertitieate of Occupancy for the sanctuary on Christ Fellowship’s new campus on the north side of
Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or until Janua.t-y !, 2000,
whichever occurs first. ~
SECTION 2. The City Council of the City of Palm Beach. .Gardens, Florida, appt~oves an
: xaendment to Ordinance 3<J[~T990 to’ath’~’nd the cbnditional use to allow a perman+rit increase in
the maximum occupancy to 576 seats. This expansion shall become effective immediately I,after the
issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowship’s new campus on
the not-th side. of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or
January 2, 2000, whichever occurs first.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida appr.,oves an
amendment to Ordinance 30, 1990 to amend the approved use of the residence to a youth cefiter.This
amendment shall take effect immediately upon adoption_
SECTION 4. Said approval shall be subject to the following conditions, which shail be the
responsibility of the applicant, its successors and/or assigns:
1. Immediately upon the issuance of tim Certificate of Occupancy for the new sanctuary fo~r Christ
Fellowship on tim north side of Northlake Boulevard (as referenced in Ordinance 20:q997 as
amended) or by lanua~, 2, 2000, whichever occurs first, the tninimum ~arking reouiremen,~ an this
site shall be calculated at a rate of 1 s~gace oer 3 seats in the sancAuat-y. At that time~ one !mndred
and ninety-two of the seats in the sanctuary shall be permanently removed, leaving a permanent
occupancy of no more than 576 seats,_.and an affidavit sl-mll, be submitted to the City by the p~titioner
affirming that the seating has been reduced to 576 br less. (Development Compliance Officer)
3. When determined to be necessary by the City of Palm Beach Gardens Police Dep_artm,’ ent, the
petitioner or successor shall utilize police or equally trained officials in numbers determined by the
Police Department at all ingress and egress points along Northlake Boulevard for the man~agement
of trafl~c Ilo\’. and direction be%re and ariel events.(Code Enforceme.nt, Police Dep’,artment)
SECTION 5. Said approval shall be consistent with plans and documents on file
City’s Growth Management Department as follows:
June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP
August 5, 1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0
SECTION 6. This Ordinance shall be effective upon adoption.
with the
L.0
PLACED ON FI2LST READING THIS
COUNCILMA) .~A~. SA~ATELLO
, ~ 1-"l I:.S 1 :
I.INDA \:. KOSIER,CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCI LMAN SABATELI..O
COUNCILMAN JABLIN
COUNCILMAN CLARK
AYE
APPRO\II--_D AS TO LEGAL FORM AND
SUFFICIENCYi.
CITY ATTORNEY
NAY ABSENT
g/short: sp9703.or.doc
RP, SOL~’ION 5, 2000
A RESOLUTION OF ~ CITY COUNCIL OF TH~ CITY OF
PALM BEACH GARDENS,. FLORIDA, AMENDING
RESOLUTION 86, 1999 TO ALLOW FOR AN EXTENSION
OF A DATE CERTAIN CONDFFION OF APPROVAL
RELATING TO THE COMPLETION OF IMPROVEMENTS ..
ON THE SITE KNOWN KS "CHRIST I~ELLOWSHIP",
Ve’H!CH IS GENERALLY LOCATED ON THE SOUTHSIDE
OF NORTHLAKE BOULEVARD WEST OF MILITARY
TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE.
WI~]]~L~JkS, the City l~s rccciveA an application from Christ Fellowship In¢~. to amend
P~esolution 86, 1999 to allow for an extension of the date certain of condition # 3 re~fing to site
impro,~ements from January 2, 2000 to April 1, 2000 and to allow 30 days after Apfi! 1, 2000 to
complete all such improvements; aud
WHEREAS, Ch~t Feliow~ip’s conditional u~e wa~ approved by Ordin~ce 30, 1990,
WHERE~$, Christ Fellowsldp’~ site plan ws~ approved by Resolution 13, 19,91, and
~rHEP~AS, Christ FeUow~hip’~ t~mt~rary modu]~ units were approved by ~e~oiu~ion
1997, and
~v’HERV_~$, Chd~t F¢ilow~ifip’~ amendmeat to it~ ~ite plzn wa~ approved by P~olution 86.
1999, and
WH~P,E~S, the City’s Cnowth Management Department ha~ determirted tl~a~ approval of
said application i~ con~ib-tertt with the City’s Comprehen.~ive Plan and L~d D, c~eIopment
Regulations, and
NOW, THEKEFOP~, BE IT KESOLVED BY THE CITY COUNCIL OF THE CIT~ OF PALM
BEACH GARDENS, FLORIDA:
SEC~OH 1. The City CounCil of the City of palm Beth Crardens, Florida, hereby approve~
Christ Fellowship In¢.’s request for an extension oft~mo and ameads condition of app~roval #3 as set
forth in Section 3 of Reso|ufion 86, 1999 to read as follow:
Within 30 d~ys of the issuance of the Certificate of Occupancy for the san ,ct~ on Christ
Fd|owship°s new c~mp~L~ On the north side of Horthlake Boulevard (as referenced in!Ordtn~uce 20,
.1997 as amended) or ~m-by ~nua~y~ May 1, 2000, whichever shall first occur, the p~etitioner sh~k
~. Close the access point between this site and the Church of the Nazarene to the we~t.
7
B.Complete all non-landscape site improvements and changes.
C.Remove the modutar units from tho property.
D.Pave all parking aisles p~r City code. (Development Compliance Officer)
SECTION 2, Said approval shall be subject to the following condition which shall be the
responsibility of the applicant, its successors and/or assigns: ~
Immediaeely upon the issuance of the first Certificate of Occupancy for the sanctuary
on the north campus of Christ Fellowship, shuttle bus or any ot~her type of
transportation service between the north and south campuses shall ceaseI.
SECTION 3. Said approval shall be consistent with documents on file with the City’s
Growth Management Department as follows:
1.Development Application stamped November 10, 1999.
SECTION 4. This Resolution shall be effective upon adoption.
INTRODUCED,. PASSED, AND ADOPTED THIS,~.~~/~~/~~’~’~20" DAY,,OFJANUAKY 2000.
usso ’
ATTEST:
~~_j~__/~_. K~OSI~tL ,CM~, CITY CLEILK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATrOR.NEY
VOTE:AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN- SABATELLO
COUNCILMAN JABLIN
COUNCILI~N CLARK
8
January 30, 1991
RESOLUTION 13, 1991
A RESOLUTION OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, APPROVING THE SITE PLAN FOR THE
IMPROVEMENTS OF THE PALM BEACH GARDENS CHRIST
FELLOWSHIP CHURCH, AND, PROVIDING FOR AN
EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section I. The City Council hereby approves the Site
Plan, Landscaping Plan and Elevation Plans of the Palm Beach
Gardens Christ Fellowship Church, hereinafter described and
attached hereto as Composite Exhibit "A":
Site and Landscaping Plan prepared by Glenn Pate
and Associates, revised on December 19, 1990,
consisting of Sheet SPI.0.
North and East Elevations prepared by Glenn Pate
and Associates, dated November 13, 1990, consisting
of sheet A2.0.
Undated West and South Elevations prepared by Glenn
Pate and Associates, received by Staff on November
14, 1990, consisting of Sheet A3.0.
Section 2. The following conditions shall be part. of
the development plan:
The church and caretaker’s residence shall tie into
potable water service prior to the issuance of the
first Certificate of Occupancy; and, within 180 days
after sewer lines become available to the subject
property, the church and caretaker’s .residence shall
tie into them.
The petitioner shall obtain a grading and drainage
permit from Northern Palm Beach County Water Control
District. A Grading Plan will be required if the slope
or top of bank is regraded o~if the exotics are
removed.
If the City finds that maintenance of the grass parking
area is in disrepair or poor appearance, the City shall
notify the property owner that within 30 days of said
notice the deficiencies shall be rectified. Should the
deficiencies not be corrected within said 30 days, the
City may require the parking area to be totally paved
to City standards within 150 days upon notification.
Subsequent phases and expansions shall comply with all
applicable regulations, including the removal of all
exotics on site.
Prior to issuance of the first Certificate of Occupan-
cy, site lighting shall be’revlewed and approved by
the Police Department.
9 o
A dumpster (3’ tall, 3’ deep, 6-7’ wide) shall
placed, at the end of the westernmost drive aisle, at
the edge of pavement, and shall have a concrete slab of
no less than I0’ wide and 8’ deep.
A 6’ fence or wall (to match the church exterior)
shall be erected on three sides of the dumpster with
two 5’(minlmum) gates.
The exterior of the church shall be painted Pearl Grey
(MAB 309 16P) and the exterior trim, columns, entrance
features and tower shall be painted white (MAB 409 160)
tlghting along the westerly property llne shall be
permitted at a maximum of 20’, shielded from the
adjacent properties. The City reserves the right to
require the Petitioner to remove lighting along .the
westerly property llne within 30 days upon written
notification.
Section 3. This Resolution shall be effective upon
date of passage.
INTRODUCED, PASSED AND ADOPTED THIS THE ~24~/DAY OF FEBRUARY,
1991.
~4ICHAEL MARTINO, MAYOR
ATTEST:
¯KOSIER, CITY CLER~K
December :
December 20, 1990
ORDINANCE 30, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, REZONING LANDS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO UNDER THE CURRENT
PALM BEACH COUNTY ZONING DESIGNATION OF
AGRICULTURAL RESIDENTIAL, WITH A SPECIAL
EXCEPTION ALLOWING EXPANSION OF EXISTING
COMMERCIAL HORSE STABLES TO THE CITY’S ZONING
CLASSIFICATION RS-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TOGETHER WITH A CONDITIONAL USE OF A
C}{URCH AND AN ACCESSORY USE THEREWITH OF A
PRESCHOOL; FURTHER, THE SITE AND ELEVATION
PLAN PREPARED BY GLENN PATE AND ASSOCIATES,
CONSISTING OF THREE (3) SHEETS AND ATTACHED
HERETO AS COMPOSITE EXHIBIT "B" IS HEREBY
CONCEPTUALLY APPROVED; AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The zoning classification of those particular
lands described in Exhibit "A" attached hereto, under the current
Palm Beach County Zoning designation of Agricultural Residential
with a special exception allowing expansion of existing
commercial horse stables are hereby rezoned to the City’s zoning
classification RS-I, Slngle-Family Residential District, together
with a conditional use of a church and an accessory use therewith
of a preschool.
Section 2. The Site Plan and Elevation Plan pertaining
thereto prepared by Glenn Pate and Associates, consisting of
three (3) sheets and attached hereto as Composite Exhibit "B" are
hereby conceptually approved.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith are hereby repeale~.
Section 4. This Ordinance sha~ be effective upon date of
passage.
~pL~ACED ON FIRST READING THIS ~DAY OF DECEMBER, 1990.CED ON SE READING THIS DAY OF DECEMBER, 1990.
VICE MAYOR ALDRED COU~C~.~A~.~: ISELEWSKI
ATTEST:
~ILRANvRUSSO~
JEAN: LONG,.A--.ROVED AS TO FORM AND
LEGAL SUFFICIENCY
CITY ATTORNEY
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
APPROVED:
FROM:
SUBJECT:
The Mayor and City Council DATE: December 18, 20~)1
Ron Ferris, City Manager
Charles K. Wu, Growth Management Director ~}/~.
Petition CU-01-06/SP-01-44 Christ Fellowship South Campus.
Due to an error in the applicant’s notice to property owners within 500 feet of the sul)ject
site, the previously scheduled public hearing for December 18, 2001 has been
rescheduled to the January 8, 2002 regular meeting of the Planning and Z~ning
Commission. The error was a reference to the subject site being located at the n.’orth
¯icampus, and not the south campus. The applicant shall be required to re-nohce all
property owners within 500 feet of the subject site with the correct information. AlsO, the
City staff shall re-advertise the case for the new hearing date.
Barring no obstacles, this application is still scheduled for first reading by the iCity
Council at its January 10, 2002 regular meeting.
If you have further questions, please contact my office at 799-4243.
C~Joe Ryan
Alan Ciklin
Joan Altwater
Keith Paulus
Ed Tombari, AICP
Carol Gold
Len Rubin
Planning and Zoning Commission
FELLO~VSHIP
February 6, 2002
Ms. Joan Altwater
V.P. Cypress Hollow HOA
9180 Cypress Hollow Drive
Palm Beach Gardens, FL 33418
Dear Joan,
Joan per your request and our subsequent conversation to clarify your grc
understanding please .find attached the following:
up’s
1. Real Estate Value Study - Performed by licensed Real Estate Agent
Robert Graeves. His resume and qualifications are included. The surveys indicate and
as a home owner, I’m sure you will be pleased to know, that property va!lues increased
substantially during the past 3-year period.
2.Traffic Analysis and Flow Table - Counts of the number of cars and nflmber of 90-
second interval stops~during services.. The traffic flow data indicates th~tt car counts
and traffic load during peak times remains consistent with a June 15, 1999 study
completed by Kimley-Hom and Associates, Inc. At that time, Kimley aod Horn, Inc.
evaluated the existing traffic flow using the .signalized intersection methodology set
forth in the 1994 Highway Capacity Manual "It was found that all pro~osed
driveways will operate at acceptable levels of service based upon signalized
intersection capacity analysis" This is confirmed by actual experience ~had
observation.
3.Lighting Schematic - There has been no change in the light plan since tl~e church was
butt. Computerized programs control hghts which are only used dunng regularly
scheduled service times and are set to go off by city ordinance code at 10 [P.M.
Security lights close to the building remain on for security purposes.
4.Future Concepts Report - As to your request for future development corlcepts for 20
acres adjacent our north campus, at this time we are consldenng factht~es ~to
accommodate our congregation as follows:
¯New Student Ministry Center
¯New Children’s Ministry Center ,
¯Family Life Center ’
¯Fellowship Hall ....
"is time we do not have a square footage projection. As in the past, wb will not be
g any special variances outside of the Building Codes.
~nt and Projected # of Attendees- Information was gathered from a~ctual counts
’vices and projections from recognized church growth researchers.
5343 Norl:hlake Boulevard ¯ Palm Beach Gardens, FL 33418
Phone 561.799.7600 ¯ F~x 561.622.8445 ¯ www.cftoday.org
Place Of Hope - Site Plan for future development which is on file at ttie County.
Staff and Church Comments on Petition- This summary is meant to!lprovide
recapitulation of the salient and substantive points from city staff as we!l as comments
made by Pastor Mullins and myself at our meeting. :
As I mentioned on the phone, we would like to meet with your group again as soon as
possible. Since not very much has changed from the last time we discussbd these issues
and the amount and format of data seems easy enough to read and undersiand, we trust
meeting soon would not present a burden on your group. ,
As you said, "we are all reasonable people". Certainly, reasonable people’: will see the
urgency attendent to some of these restrictions. ’
We need to answer the question of what constitutes an agreement with yot
language different from the staff recommendations developed over the pas
be proposed by your group, how will we determine what language will be
continue to dialogue on these issues, does a simple majority vote carry the
forward?
:r group. If
9 months is to
~sed? Ifwe
language
Accordingly, we would like to suggest at our next meeting we discuss each of the items
before the City Council for March 7th. Firstly, your group votes "yea" or "~ea" on
language as drafted by City Staff and approved by Planning and Zoning. .If "yes", we
move that item forward. If"nea", we dialogue about changes and see ifwb can find
common ground. This will keep the process on critical life safety issues anid religious
freedom moving forward, while allowing for dialogue on the issues that are. perhaps,
arguably not related to either safety or religious freedom.
We look forward to meeting with you again soon.
As always, if there are any questions please contact me by phone at 307-3380.
~/Exec~)Ce Administrator
cc City Council
City Staff
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: April 4, 2002
Date Prepared: MarCh 20, 2002
SUBJECT/AGENDA ITEM ~
Petition PUD-01-03 Christ Fellowship PUD Amendment.’
Continuation of First Reading and Public Hearing, Ordinance 44, 2001: Joe Rya~ of Christ
Fellowship Church is requesting a Planned Unit Development (PUD) amendment to allow for the
ehm~nat~on of and amendments to certain conditions of approval regarding operational ,procedures
and activities on site. Christ Fellowship Church Planned Unit Development (a.k.a. North ..Campus)
located on the north side of Northlake Boulevard, approximately one mile west of MilitaQ/Trail (14-
42S-42E).
The applicant has requested a continuation of the public hearing from the December 6i 2001, City
Council meeting until April 4, 2002.
RECOMMENDATION
Staff recommends approval of Ordinance 44, 2001 with conditions of approval.
Reviewed by:
Principal Planner ~--~-~
Talal Benothman, AICP
City Attorney ~
Finance NA
Human Res. NA
Submitted by:
Growth
Managep~ J~
DirectorL.A_W’l~,
Charles K. Wu, AICP
Originating Dept.:
Growth Management:
Manager \
Edward To~
AICP
Advertised:
Not Required
(Public Hearing
continued from
December 8, 2001)
Affected parties:
[ X ] Notified
FINANCE: NA
Costs: $
Total
Current FY
Funding Source:
[ ] Operating
[x]
Other N/A
Budget Acct.#:
N/A
P & Z Comm,=ss=on
Action:
[ ] Approved’.
[ ] App. w/c~)nditions
[ ] Denied ~
[ ] Rec. appr~oval
[ X] Rec. appl w/
conds.
[ ] Rec. Denial
[ ] Continue~ to:
Attachment~:
¯ Ord. 44, 20~)1
¯ 2/9/01 Appli.cant Ltr.
¯I¯2/22/01 C~ty~ Aty. Ltr.
¯5/23/01 Applicant
Response E, etter
¯Ordinancesl to be
amended
¯Aerial Photo."s
¯ Site/Landscape Plan
¯Traffic Operat=on
Proceduresll Plans
¯Proposed F!oor Plans
¯CF letter to.
neighborhobd coalition
2/6/02 ;
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
BACKGROUND
The Christ Fellowship PUD was originally approved by Ordinance 20, 1997, and provided
for an 85,200 square-foot religious facility, including a sanctuary and two~ activities
buildings. Subsequent amendments to this approval have included four administrative
amendments and an amending ordinance (Ord. 23, 1999) approved by the Cit:y Council.
These amendments allowed for m~nor architectural and s~te plan changes to the s~te.
Although the code requirement at the time of original approval was for a Conditional Use,
the original development order for the North Campus was approved as a Planned Unit
Development Overlay Zoning with underlying zoning of Residential RL-3. The vacant land
prior to the re-zoning was designated Planned Development Area (PDA). At the ,time, code
required that all lands with a PDA designation re-zone to either PUD oi Planned
Community District (PCD). Subsequently, the.use was zoned PUD, with underlying zoning
of Residential RL-3. The PUD re-zoning was considered a sufficiently legal equivalent to a
Conditional Use.
The applicant was granted no waivers as part of the original PUD approval pro’,cess. The
project, as developed, met all code requirements at the time.
In addition to the conditions for the North Campus approval, the South Campus approval
and subsequent amendments have ~ncluded several conditions which halve led to
restrictions on the North Campus site. The South Campus was originally appr’,oved as a
conditional use for a 300-seat sanctuary and day-care facility by Ordinance 30, i1990, and
was subsequently amended by Resolution 31, 1991, Resolution 4, 1997, Ordihance 34,
1999, Resolution 86, 1999, and Resolution 5, 2000. Subsequent amendments have
allowed for an expansion of the use, including additional modular units i parking,
landscaping, and drainage facilities, as well as additional seating within the sanc’,tuary. The
South Campus is not part of this PUD amendment application.
Staff has contacted the City’s Citizen Services Specialist, who reported that there have
been no complaints from the general public regarding the operations or,~ activities
associated with the church. The Code Enforcement Division has confirmed that t, he church
currently has no outstanding fines or liens on the property. A communication! from Ms.
Joan Atwater dated June 7, 2001, outlining several complaints about the ChUrch have
since been addressed.
The conditions placed on the original development approval and subsequent amendments
were generated by neighborhood concern that the use was too intense for the r~esidential
character of the neighborhood. The limits placed on the operations of the ch,urch were
expressly intended to preserve the residential character of the surrounding comm, unity. The
applicant accepted all conditions at the time of the original approval and ’,additional
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
conditions placed on subsequent amendments to the PUD. The proposed elimination of
some or all of the conditions of approval, which were intended to limit the intensity of use,
initially raised concerns with staff. Staff is now proposing new conditions of approval that
mitigate the potential consequences of deleting and amending existing conditions.
LAND USE & ZONING
The subject site is zoned Residential Low - 3 (RL-3) with an overlay zoning of Pla~ nned Unit
Development (PUD) and has a land-use designation of Residential Low (RL).
At the time of the original approval of the PUD, the zoning code permitted churches as a
conditional use (or PUDs in lieu of) in all residential zoning districts. The zoning code has
since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to
industrial and commercial zoning districts only.
CONCURRENCY
The traffic concurrency analysis for the site was based on total square footage approved
on site, 85,200 square feet proposed for a 2,500-seat sanctuary as part of the tra’ffic impact
analysis. During the initial approval of the north campus site, the applicant ~agreed to
reduce the total number of fixed seats to 1,750 seats as a condition of approv’.al.
PROJECT DETAILS
Site Access
The site has two access points onto Northlake Boulevard, with the main entrance, located
at a median cut. The easterly entrance is a right-in, right-out only, with no me~lian cut at
this location. There is no other access to the site, including none from Hunt CI,ub Drive.
The original development order required that the applicant obtain assistance from the City
Police Department for traffic control when services were commencing and eroding. The
condition further stipulated that traffic movement on Northlake Boulevard could riot be held
for more than 90 seconds when traffic was leaving and entering the site.
Amendments to the Conditions of Approval
The applicant has proposed several amendments to or deletions of conditions o;f approval
affecting operational procedures and activities on the North Campus included Within both
Resolutions and Ordinances. The following is a summary of the applicant’s pr,oposals in
lieu of the existing conditions of approval and staff’s analysis of such proposals:
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petit!on PUD-01-03
Resolution 5, 2000, Condition 1: Shuttle Bus
"Immediately upon the issuance of the first Certificate of Occupancy for~!the
sanctuary on the north campus of Christ Fellowship, shuttle bus or any otlher
type of transportation service between the north and south campuses s.hall
cease." :
Applicant’s Request "
It is the applicant’s intent to eliminate this condition so that they may resume shu~le service
between the north and south campuses. The applicant has cited increased safjety as the
main reason to resume service, since it provides worshipers a safer alternative io walking
across six-lane Northlake Boulevard.
Staff’s Initial Analysis
Staff requested that the applicant provide the City with a description of the ndmber and
size of the vehicles to be used, as well as the operating schedule and route iwhich the
shuttle service would follow.
Appficant’s Response
The applicant has submitted information on the shuttle vehicles and times of operation (see
attached), and has indicated that the church owns two late model 25 and 30 .pl assenger
vehicles. The applicant has submitted an operational plan indicating the shuttle~ bus route
between the two campuses.
Staff Recommendation
It is staff’s professional opinion that the applicant is providing for safe transportlof church
members between two sites that comply with all applicable zoning codes. Ih order to
further the safe transport of Church members between campuses across iNorthlake
Boulevard, which has limited pedestrian facilities, staff recommends the elimination of
Resolution 5, 2000, Condition 1.
Resolution 5, 2000 amended the site plan for the "Christ Fellowship South Campus." This
is a separate zoning district and must therefore be amended by separate action by the City
Council. Staff recommends amending Resolution 5, 2000, with a separate re~,olution to
delete this condition. .
Ordinance 20, 1997, Condition 7: Special Events Limited to Six Per Year.
"The church sanctuary and related facilities and surrounding grounds sl~all
be used by members only for regularly scheduled services, including
4
City Council
Meeting Date.,: April 4, 2002
Date Prepared: March 20, 2002
Petit!on PUD-01-03
services on Christmas Day and Easter Day, and for no more than six:(6)
additional events per calendar year. The church sanctuary and related
facilities shall not be leased, rented or in any way be made available for use
as an auditorium, theater or similar gathering place for non-member events
of any kind. Regularly scheduled serv=ces shall be defined as serv=ces
occurring on Saturday evening, Sunday morning, and a mid-week eveni0g."
Appficant’s Request ’
The applicant requested that this condition be eliminated.
Staff’s Initial Analysis
The City’s Traffic Engineering Consultant has confirmed that the traffic impact permitted is
based on the total square footage of religious use proposed, as defined by the linstitute of
Transportation Engineers (ITE) Manual. Any activities occurring on this site that are not
consistent with the ITE’s definition of religious use is a violation of the applica~,nt’s traffic
concurrency, and is therefore inconsistent with the Development Order.
Staff requested that the applicant submit a detailed schedule of events, which Occur on a
regular basis, as well as special events such as concerts, etc.
Appficant’s Response
The applicant submitted a written narrative that outlines the regularly scheduled services
(see attached "Exhibit A").
Staff’s Recommendation
Given that the applicant has approval for 82,500 square feet of religious square footage,
the emphasis of any restriction should be placed on non-religious events. Nonl-member,
non-religious events should be prohibited and considered as a violation of the regulations
governing the site’s zoning district. Staff recommends the following condition Be revised
accordingly:’
The church sanctuary and related facilities shall not be leased, rented or in anyway made
available to third parties or entities for use as an auditorium, theater or similar’.qatherin.q
place. Such facilities shall only be used by the Church and its members forlpurposes
directly related and appurtenant to the Church’s function, such as reqular ahd holiday
prayer services, weddings and funerals, and for events sponsored by the Church in
furtherance of its ministry, such as special prayer services, reli.qious .qathe’,rinqs and
speakers and youth pro.qrams.;
5
City Council
Meeting Dat~: April 4, 2002
Date Prepared: March 20, 2002
Petit!on PUD-01-03
Ordinance 20, 1997, Condition 9
"The owner or successor shall not utilize a loudspeaker, sound amplilier,
radio, phonograph, of similar sound amplifying device to emit any forn of
sound outside the church sanctuary and related facilities."
Applicant’s Request
The applicant requested that this condition be eliminated.
Staff’s Initial Analysis
Staff requested the applicant provide detailed information on the location arid type of
outdoor events that would utilize sound amplification devices. Staff also n’,otified the
applicant of the City’s sound level requirements, which are enforced by ~the Code
Enforcement Division.
Appficant’s Response
The applicant submitted information indicating that the church would like to utiiize sound
systems for wedding ceremonies, which would occur within the courtyard area between the
sanctuary building and buildings A and B.
Staff’s Recommendation
Staff recommends replacing Condition 9 with the following new condition of ap, proval to
address concerns regarding outdoor amplification:
All audible noises on site shall not exceed applicable noise and decibel level requirements
set forth in the Code of Ordinances. Violation of this condition is subject, to Code
Enforcement Procedures.
Ordinance 20, 1997, Condition 12
"The number of fixed and/or moveable seats within the sanctuary shall at no
time exceed 1,750 seats."
Appficant’s Request
The applicant requested that this language be eliminated in its entirety. The applicant has
indicated that the restriction on number of seats within the sanctuary has not limited the
capacity of the sanctuary. Many attendees are purported to stand during se~ices. The
applicant wishes to be able to allow the existing attendees to sit by utilizing o,pen areas
within the sanctuary for additional seating.
6
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
Staff’s Initial Analysis
Staff requested that the applicant provide for a floor plan indicating the Ioca!ion of the
additional seating within the sanctuary. Staff has confirmed with the City’s Traffic
Consultant that the traffic concurrency granted for the church was based e.’n square
footage, not number of seats. Therefore, the addition of seats without an expansion of the
square footage of the fac~hty would not wolate the apphcant s concurrency ce~ficat~on.
However, the applicant must also meet on-site parking requirements for the ~umber of
seats. Based on current code requirements (Section 78-345 of the City’s Land
Development Regulations), the applicant must provide one space per three sea!s plus ore
space per 250 square feet of office space plus required parking for additional uses. Staff
considers buildings A and B to be "Cultural, Recreational and Entertainment, G~neral" as
defined by the LDR Section 78-345, which requires one space per 200 sq,uare feet.
Buildings A and B equal a total of 29,511 square feet, which requires a total of 148 spaces.
The applicant has provided 904 spaces on site, which leaves 756 spaces for sanctuary
seating and administrative offices. Assuming no administrative offices on, site, the
applicant may be allowed 2,268 seats maximum. Any parking for on-site administrative
offices must be deducted from this maximum allowed at a ratio of 1 space per 2~30 square
feet.
Appficant’s Response
The applicant provided staff with a floor plan indicating the location of additional ’,seats. The
applicant has indicated the desire to add 667 moveable seats within the sanct, uary for a
total of2,417seats. This number would not be permitted by code as it would require more
parking than exists on-site. Both the Fire Department and Building Division have indicated
no concerns at this time regarding the addition of seats, and have indicated that any
additional seating must meet all fire, building and safety codes.
The applicant has revised the parking data on the site plan to indicate the square footage
of various uses within the three buildings on the north campus. The applicant ha~ indicated
that they meet parking requirements on site with the proposed number of 2,~17 seats
within the sanctuary.
The applicant has submitted a detailed seating plan indicating the location of iadditional
moveable and/or fixed seats. Both the Building Division and the Fire Department have
reviewed the seating plan and have indicated that the applicant has provided iadequate
aisle widths and meets ADA compliance requirements.
Staff Recommendation
It is staff’s professional opinion that, based on the revised documents, parking Wovided on
7
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
site can support the currently approved square footage of uses. Also, staff can Support the
addition of seating within the sanctuary, based on the proposed seating plan that has been
submitted and reviewed by City staff. Staff recommends the elimination of the condition
requiring a maximum of 1,750 fixed and/or moveable seats, and allowance for a inumber of
fixed and/or moveable seats within the requirements of the concurrency approv~al and the
Land Development Regulations.
Ordinance 23, 1999, Condition 2
"Buildings A and B shall not be used as overflow areas or for supplemeetal
seating for presentations, programs or sermons conducted in the Sanctua’ry."
Applicant’s Request
The applicant requested that this language be eliminated in its entirety.
Staff’s Initial Analysis
Staff requested additional information as to what type of activities take place within these
buildings and the applicant responded that these buildings are used for "religious classes
and act!v=ttes. Staff utthzed the definttton of Cultural, Recreattonal and Entertatnment,
General" for parking requirements, as defined in Section 78-345 of the LDRs. IHowever,
supplemental seating may be permitted within these buildings if the appl, icant can
demonstrate that the overall seating (moveable and fixed) on-site is in compli,ance with
Section 78-345 of the LDRs. ~
Applicant’s Response ’.
The applicant indicated that no additional seating is utilized within these buildings for
sermon overflow, and that these buildings are utilized for religious classes and activities
only. The applicant has submitted a detailed site data table more clearly ~nd~cat~ng the
uses within Buildings A and B.
Staff’s Recommendation
The applicant has indicated that Buildings A and B are not used for overflo W seating.
Given the additional seating that may be permitted within the sanctuary buildingias part of
this petition approval, staff does not recommend deletion of this condition.
Ordinance 23, 1999, Condition 3 and Ordinance 34, 1999, Condition 2
"Simultaneous broadcasts of presentations, programs and sermons
conducted in the Sanctuary to any remote location, on-site or off-site, sl~all
be prohibited." ~
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
Appficant’s Request
The applicant requested that this language be eliminated in its entirety.
Staff’s Initial Analysis
Staff requested that the applicant expand further upon the traffic operation proCedures at
the Northlake Boulevard entrances to the north and south campuses during the beginning
and end of services. Staff has reviewed the original traffic operation procedures, date
stamped March 11, 1997, and notes that the study does not address the op~eration of
utilizing both sites simultaneously for services and/or activities. The traffic operational
procedures must adequately address the possibility of vehicles entering and ekitina onto
Northlake Boulevard s~multaneously from both campuses, should the language b~e d~eted.
Appficant’s Response ~
The applicant submitted previous traffic analysis and operational procedures for staff’s
review as part of the initial PUD approval process (attached). The Police Depa~ment has
reported no problems related to traffic operations at the site after one full year of~operation.
Staff’s Recommendation
Staff found no evidence of traffic control problems at the entrances to both the North and
the South Campus. Both sites have received approval from the City for religiou~ use with
certain square footage and sanctuary seating. The applicant has also provided staffwith a
traffic operations site plan, indicating how traffic is controlled from both camp~uses. It is
staff’s professional opinion that activities occurring on both sites simultaneou,sly do not
pose a significant hazard. The condition, as approved, may no longer be valid. Therefore,
staff recommends deletion of this condition. ~=
Ordinance 34, 1999, amended the conditional use of the "Christ Fellows~hip South
Campus." This is a separate zoning district and can only be amended by a separate
ordinance. Staff recommends amending Ordinance 34, 1999 by separate ordinance to
delete the condition.’
.SUMMARY OF ISSUES FOR CITY COUNCIL CONSIDERATION ~
¯Operational procedures for shuttle bus service. RESOLVED. The applicant has
submitted sufficient information to ensure that this provides a safe alte’,rnative to
pedestrians crossing Northlake Boulevard. i
¯Religious versus non-religious uses as defined by the concurrency i approval.
RESOLVED. The applicant is permitted to carry out events on site affiliated only
9
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
with their religious use.
The requirements of Section 78-345: Number of pa~’king spaces required aslit pertains
to the uses provided on site. RESOLVED. The applicant has submitted a master site
plan with a revised parking data table indicating uses within the S, anctuary
Building and Buildings A and B, as requested by staff. ,
Traffic Operational Procedures, including timing, number of days per week,
responsibility of traffic direction, etc. RESOLVE[:). The applicant has ~ubmitted
sufficient data to document safe Traffic Operation Procedures.
NEIGHBORHOOD COALITION MEETING OF JANUARY 31, 2002
The applicant met with the coalition of neighbors at the City’s Fire Rescue Building on
January 31, 2002. The meeting was conducted at the request of the residen.ts. At the
meeting, the residents expressed a concern regarding the Church’s future g,rowth and
requested that the Church refrain from pursuing the proposed amendments to the North
and South Campuses until such time that the Church has created a coml~rehensive
development plan, including any future expansions to the east. The Church expressed its
interest in moving forward with the proposed amendments, as it had already w,’aited nine
months for review of the proposed amendments. The coalition requested information the
Church provided, including information on area real estate values, traffic analysis, lighting,
projected number of attendees and a "future concepts report." The information was
submitted to the neighborhood coalition members for their review and has been filed with
the City. Attached is the cover memorandum from the Church regarding the ir~formation
submitted in response to the coalition’s concerns. ~
The coalition also expressed concerns regarding the availability of parking spa~es on the
North Campus site. The current code requires a ratio of one parking stall for eyery three
seats, therefore allowing for an expansion of seats to a maximum 2,417. The church
currently has 1,750 seats on the North Campus, per the condition of approval !placed on
the North Campus development order. The neighborhood coalition has argued that a more
realistic number for this site is one parking stall per two seats. This was confirmed during
the original approval of the North Campus when a head count of vehicles, con’ducted by
the coalition, entering the site for services equaled an average of 1.9 persons per vehicle.
This difference between code requirement and the reality of number of persons I?er vehicle
has led to ongoing overflow parking problems, claims the coalition.
At the time of original approval, the code required only one parking stall per f.’our seats.
Given the number of seats on site, this would have allowed for 3,616 persons in the
sanctuary.
10
PLANNING AND ZONING COMMISSION RECOMMENDATION
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
At its November 13, 2001 meeting the Planning and Zoning Commission held a public
hearing regarding this application and voted 6-1 to recommend approval of the~ ~roposed
amendments to the City Council.
STAFF RECOMMENDATION
Staff recommends the following amendments to the conditions of approval for P,UD-01-03
Christ Fellowship North Campus PUD amendment:
Ordinance 20, 1997, Condition #7
(1)The church sanctuary and related facilities "~"’~ .........’~; ........-~o o~"~" ~’ ....."~
~ shall not be leased, rented or in any way made available to third,pa~ies or
entities for use as an auditorium, theater or similar gathering place= for nob mcmber
occurri~8 ~- ~*"-a ........ ;-~ ~.,-a~,, " Such
facilities shall only be used by the Church and its members for purposes directly
related and appu~enant to the Church’s function, such as regular and holiday prayer
sewices, weddings and funerals, and for events sponsored by the Church in
fu~herance of its ministw, such as special prayer sewices, religious ~atherin~s and
speakers and youth programs.
Ordinance 20, 1997, Condition #12
(2)The number of fixed and/or moveable seats within the sanctuary shall ~
e~,(~,eed~-,=~O= not exceed 2,417 seats at any .qiven time, in accordance with the
minimum required number of parking spaces provided on site.
Staff recommends the following additional conditions of approval:
(3)All audible noises on site shall not exceed applicable noise and decibel level
requirements set forth in the Code of Ordinances. Violation of this cOndition is
(4)
subiect to code enforcement procedures.
All other conditions of approval for the Christ Fellowship Church North Campus
PUD approval and subsequent amendments shall remain in effect.
11
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition PUD-01-03
Staff recommends that the following conditions of approval previously approved as part of
the Christ Fellowship North Campus PUD be deleted:
Ordinance 20, 1997, Condition #9
Ordinance 23, 1999, Condition #3
G/ed/200 l/pud0103cc2
12
February 19, 2002
March 20, 2002
ORDINANCE 44, 2001
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
MILE WEST
DESCRIBED
ORDINANCE
APPROVAL;
CONFLICTS;
OF NORTHLAKE BOULEVARD, APPROXIMATELY 1
OF MILITARY TRAIL AS MORE PARTICULARLY
HEREIN, AMENDING ORDINANCE 20, 1997, AND
23, 1999; PROVIDING FOR CONDITIONS OF
PROVIDING FOR SEVERABILITY; PROVIDING FOR
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 20,
1997, providing for construction of an 85,200 square foot religious sanctuary and ancillary
uses, as subsequently amended by Ordinance 23, 1999, and Ordinance 34, 1999; and
WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-03)
from Palm Beach Gardens Christ Fellowship Church, Inc., for approval of amendments to
conditions of approval of the "Christ Fellowship North Campus Site", which is located on
the north side of Northlake Boulevard, approximately 1 mile west of Military Trail; and
WHEREAS, the 20-acre "Christ Fellowship North Campus" site is currently zoned
Planned Unit Development (PUD) with a future land use designation of Residential Low
(RL); and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient and has determined that it is consistent with the City’s
Comprehensive Plan and Land Development Regulations and has recommended
approval; and
WHEREAS, on November 13, 2001, the City’s Planning and Zoning Commission
reviewed said application and recommended approval with conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby
approves amendments to conditions of approval placed on the "Christ Fellowship North
Campus Site" site and subsequent amendments thereto. The subject site is located on
Ordinance 44, 2001
Date Revised: March 20, 2002
the north side of Northlake Boulevard, approximately 1 mile west of Military Trail, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 2. Said Planned Unit Development is amended subject to the following new
conditions, which shall be the responsibility of the applicant, its successors or assigns:
(1)All audible noises on site shall not exceed applicable noise and decibel level
requirements set forth in the Code of Ordinances. Violation of this condition is
subject to code enforcement procedures.
(2)All conditions of approval for the Christ Fellowship Church North Campus PUD
approval and subsequent amendments shall remain in effect to the extent not
modified herein.
SECTION 3. The City Council amends Ordinance 23, 1999 by deleting condition of
approval number 3:
SECTION 4. The City Council amends Ordinance 20, 1997 by deleting Condition
Number 9 and modifying Conditions 7 and 12 to read as follows (deleted language is
stricken through, new language is underlined):
The church sanctuary and related facilities=,’~"-~,.~ .............., .~.., ...,,’~; .........u u, v........~o ..,°h~",.~.,
~v, ~,~ ~,, v, ,, ,~,, ,~ ~ ~,,~ ~, ~ ~,,~ ,~,
.................. . ........... y~ar shall not b~ I~as~, r~nt~ or in ann
wag ma6e available to thir6 pa~ies or entities for use as an au6itodum,
theater or similar ~athedn~ ~lace ~ ........
~+’" ........;"~ q,’""~’, morning, and....... ~ ........= .......~ ..............~ ~. Such
facilities shall only be used by the Church and its members for purposes
directly related and appu~enant to the Church’s function, such as regular
an6 holi6ag ~rager se~ices, we66in~s an6 funerals, an6 Ior events
s~onsore6 bg the Church in Iu~herance ol ~ts min~st~, such as s~ec~a~
~rager se~ices, religious ~atherinqs and s~eakers an6 gouth ~ro~rams.
2
Ordinance 44, 2001
Date Revised: March 20, 2002
12.The number of fixed and/or moveable seats within the sanctuary shall atme
time c,v.ceed !,750. not exceed 2,417 seats at any .qiven time, in
accordance with the minimum number of parkin,q spaces provided on site.
SECTION 5. Construction of the Planned Unit Development shall be in compliance
with the following plans on file with the City’s Growth Management Department (dates
represent the date plans are received and stamped in):
September 21, 2001 Master Site Plan, Glenn Pate and Associates, Sheet ASP-
1.1
May 23, 2001 Sanctuary Seating Plan, Glenn Pate and Associates, 2 Sheets
July 9, 2001 Shuttle Bus Flow Diagrams, Glenn Pate and Associates, Sheet SD-1
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.
SECTION 8. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF 2002.
PLACED ON SECOND READING THIS DAY OF 2002.
PASSED AND ADOPTED THIS DAY OF 2002.
MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO
COUNCILMAN DAVID CLARK COUNCILMAN JOSEPH RUSSO
COUNCILWOMAN ANNIE DELGADO
3
Ordinance 44, 2001
Date Revised: March 20, 2002
ATTEST BY:APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY CLERK LEN RUBIN, CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMAN CLARK
COUNCILMAN RUSSO
COUNCILWOMAN DELGADO
AYE NAY ABSENT
g/ed/2001 :pud0103ord
4
Ordinance 44, 2001
Date Revised: February 19, 2002
EXHIBIT "A"
(next page attached)
DEDICATION:
STATE OF FLORIDA )
SS
COUNTY OF PALM BEACH )
SS
CITY OF PALM BEACH GARDENS )
KNOW ALL MEN BY THESE PRESENTS. THAT PALM BEACH GARDENS
CHRIST FELLOWSHIP. INC., A FLORIDA NON-PROFIT CORPORATION,
OWNER OF THE LAND SHOWN HEREON AS "PALM BEACH GARDENS
CHRIST FELLOWSHIP CHURCH’, SAID LAND BEING THE EAST 653.87 FEET
OF THE WEST 693.87 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SO.Ull’:I. RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA" BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST
QUARTER OF SECTION 14. TOWNSHIP 42 SOUTH, RANGE 42 EAST, PAt.M
BEACH COUNTY, FLORIDALTHENCE SOUTH 88030"27 - EAST ALONG THE
SOUTH LINE OF SAID SECTION 14. A DISTANCE OF 40 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 1°57’07" EAST ON A LINE
PARALLEL TO AND 40 FEET EAST OF THE WEST LINE OF THE
.SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1332.88
FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE
SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PI.~T BOOK
59, PAGES !62 THROUGH 165= INCLUSIVE, PALM BEACH" COUNTY~
FLORIDA; THENCE SOUTH 88025"09 , EAST ALONG SAID LINE, A DISTANCE
OF 653.88 FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 14; ]HENCE SOUTH 1°57’07"
WEST ALONG SAID LINE. A DISTANCE OF 1331.87 FEET TO THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
NORTH 88¢30"27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 653.89
FEET TO THE POINT OF BEGINNING.
LYING .IN THE SOUTHE/
CITY OF F
MORTGAGEE CONSENT:
STATE OF FLORIDA )
S
COUNTY OF PALM BEACH )
MICHAEL PARSONS AND W 3 F
WILLIAM GROOT CHARITABLE I
1996 HEREBY CERTIFIES THA1
UPON THE BOUNDARY PLAT
FELLOWSHIP CHURCH, AND DE
THE DEDICATION" OF THE LAND
OWNER THEREOF AND AGRI
RECORDED IN OFFICIAL RECOF
PUBLIC RECORDS OF PALM
SUBORDINATED TO THE DEDICf
IN WITNESS WHEREOF MICHAE
CO-TRUSTEES OF THE WILL
UNITRUST DATED APRIL 17,199
SIGNED BY MICHAEL PARSOI’
DAY OI
WITNESS: I
WITNESS:
CONTAINING 20.00 ACRES MORE OR LESS.
RAS CAUSED THE SAME TO BE SURVEYED AND PLAITED, AS SHOWN
HEREON, AND DOES HEREBY MAKE THE FOLLOWING DEDICATIONS:
t. THE LIMITED ACCESS EASEMENT. AS SHOWN HEREON, IS H~EREBY
DEDICATED TO THE CITY OF PALM BEACH GARDENS FOR THE CONTROL
AND JURISDICTION OVER ACCESS RIGHTS.
2. TRACT A AND TRACT C AS SHOWN HEREON, IS HEREBY
DEDICATED TO THE PALM BEACH COUNTY BOARD OF COUNTY
COMMISSIONERS FOR THE PERPETUAL USE OF THE PUBLIC FOR RK)HT
OF WAY PURPOSES
3.EASEMENTS FOR WATER AND SEWER PURPOSES AS SHOWN
HEREON AND DESIGNATED AS W.S.E ARE HEREBY DEDICArED TO
SEACOAST UTILITY AUTHORITY,ITS SUCCESSORS AND/OR ASSIGNS,
FOR INSTALLATION, OPERATION AND MAINTENANCE OF WATER AND
SEWER FACILITIES.
-IN WITNE.SS .WHEREOF, PALM BEACH GARDENS CHRIST FELLOWSHIP,
INC_: A FLORIDA NON;PROFIT CORPORATION, HAS CAUSED THESE
PRESENTS TO BE SIGNED BY THOMAS D. MULUNS,. ITS PRESIDENT., AND
ATIESTED BY DUDLEY A; BARBER, JR., ITS SECRETARY~ AND ITS
CORPORATE SE.A~ TO. BE AFFIXED HERETOBY AND WITH THE
AUTHORITY OF ITS CHURCH BOARD: THIS DAY OF
ACKNOWLEDGMENT:
STATE OF FLORIDA )
COUNIY OF PALM BEACH )
6EFORE ME PERSONALLY APP
PFAFFENBERGER. CO-TRUSTEE
REMAINDER UNITRUST DATED.
KNOWN TO ME AND V~40 EXE
AND’SEVEF:LALLY ACKNOWLED(
EXECUTED SUCH INSTRUMENT
THAT SAID INSTRUMENT IS TH
TRUSTEES.
WITNESS MY HAND AN0 O
.1998.
BY: PALM BEACH GARDENS CHRIST FELLOWSHIP, INC.
AFLORIDA NON-PROFIT. CORPORATION
THOMAS D MULLINS, PRESIDENT
ATIEST:
DUOLEY ABARBER, JR, SECRETARY
ACKNOWLEDGMENT:
TITLE CERTIFICATION:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I. EDWARD T. BIERCE. SENIOR V
COMPANY. DO HEREBY CERTIPI
--THE HEREON DESCRIBED PRO~
PROPERT’YIS VESTED TO PALM
INC., THAT THE CURRENT TAX
MORE MORTGAGES OFRECOR ¯
ENCUMBRANCES OF RECORD
BOOSE CAGEY ClKLIN LUBil-Z IVIARTF_ttS McBANE ~ O’CONNELL
VIA HAHD DELIVERY
Ronald M- Ferris, City Manager
City of Palm Beach Gardens
10500 No. Military Trail
Palm Beach Gardens, Florida 33410
February. 9, 2001
Re: Christ Fellowship Church/Religious Land Use Issues
Dear Ron:-
PHIt..t_IP O. O’CONHEt.L, SR. (1907-1987)
(:~’lf WALK
$15 NO~I"H FLAOLF_R
RLEPHO, N(~ (.~|) 83~.~(~0~
"r~:coPt~:~ (561) 833-4209
P.O. BOX 46~6
i Congtatul~.tions on your being named City Manager. As perhaps you have learned
during your interim period, I represent Christ Fellowship Church and have been doing so from
the time of the approval of their new North Campus facility. The Church’s approval and
subsequent applications dealing with both their original South Campus and their North Campus
have been highly scrutiniTed by both the Church’s neighbors andthe City, and were politically
charged and highly controversial. In the end, the new Horth Campus was approved ahd has
developed to exceed all promises and expectations, and the South Campus is now in full
compliance vcith the City"s requirements. The Church and its members are troubled with ~ome
of the conditions which were placed on the approvals and the purpose of this letter is to request
that they be reviewed with the City Attorney to ascertain their legality. Most of these conditions
were adopted without the City’s knowledge of Congreea’s enactment of the Religious Land Use
and ln-~dtutionali~ed _Persons Act of 2000 and I think that if the City had the ~ of the Act’~
.r6q~-----~-n~ at the time of adoption, these conditions would not have been attached to the
Church’s approval. L believe that these conditions excessively burd_en the Ch~u~_ ’s.~bility to
..-’----:- %-9~-::out its~--religious-_ .6meaiom- Atso~-e~veral-of~ t_hcs-~:.conditions:~¢-~ .beeavplaee~on..~_,hrist .............
FellowshilYb~fon no ~gious institutions in the City or, for that matter, no other approvals
of any kind. At least one condition decreases traffic safety for Church members.
The issues of concern and our rationale are as follows:
1.No shuttle service.
In early 2000, a petition wasfiled relating to the South Campu~ of Christ Fellowship. The
petitionwas to extend the date for compliance with certain conditions by approximately 120
days. The conditions related to certain ,ite improvements. During the public hearinl~. a
Ronald M. Fen-is
February 9, 200 !
Page Two
discussion about the Church’s use of shuttle vans from one campus to the other ensued. A police
department representative gave a report discussing shuttle service in a positive vein. The result
was a condition attached to the time extension of"no shuttle service.’" The use of shuttle service
is a well recognized means of reducing traffic. For example, instead of eight people getting in
the’tr car and going from point A to point B, one shuttle van can be used, thereby eliminating
seven vehicular trips. It is of particular benefit to older and inexperienced drivers. None of the
other religious institutions in Palm Beach Gardens have a similar restriction, nor do any other
uses of any kind. This condition makes the roadways less safe for Church members and the
general public.
2.The Church is prohibited from adding seats for religious holidays and special events.
The petition for the North Campus according to the City staff report met or exceeded all City
Code requirements. Parking provided was double the City’s requirements (one space/two seats
vs. one space/four seats required by the City Code). County Traffic Performance Standards were
all met; yet, there was a reduction in the.number of seats from 2500 to 1750. However, the real
problem is that this number cannot be exceexled by using "movable" seats so that the Church can
only accommodate overflow attendance at Easter,. Christmas, and special_ events by requiring
Church members to stand. The limitation on seats has no relation to occupancy and the Church’s;
legal capacity far exceeds the number of seats permitted. The prohibition againzt movable seats
interferes with the Church’s ability to conduct worship services for ils members and conversely
interferes with the Church members" ability to worship. The Church has already added
additional services and they do not adequately accommodate membership needs. To the best of
my knowledge, no other religious in-qtitution in the City is prohibited from using temporary
seating and most, if not all, do not have restrictions.on the number of permanent seats. The legal
standard for the number of seats should be based on the number of parking spaces, meeting
Trattie Performance Standards and occupancy requirements.
3. No simultaneous broadcasts allowed.
The Church is prohibited from simultaneously broadcasting from the South Campus which
compounds the problem; even though both the South and North Church Campuses meet or
exceed parking requirements and individually and cumulatively meet Traffic Performance
...... -~ -S~_~Fd req~n~-n~. ---"- ~3t o~f -may~l~t~R~; ~’ity Toliee--ar6-oag~uty Tot -alt-se~i~dk~ing ..........
traffic. This restriction lessens the ability of the Church to perform its function. To my
knowledge, no other religiot~s in.qtitution in the City has such a prohibition.
4.Limitation on Special Events.
Although the Church has adhered to the oondidon attached to the North Campus approval
limiting them to regularly scheduled services, including services on Christmas Day andEaster
Day and six additional events per year, this condition dearly "int..noses a substantial burden on
the religious exercise of a person including a. religious assembly or institution" as is prohibited
.Ronald M. Fen-is
Feb~. 9, 2001
Page Three
by the Religious Freedom Act. As far as ! know, no other
limitation on the use of their place of worship. As is the
referenced, it is unrelated to any provision in the City’s Code.
religious institution has such a
case with the other conditions
The LI.S. Senate and House of Representatives adopted the "Religious Land Use and
Institutionalized Persons Act of 2000" to prevent the imposition of these types of burdens on
religious institutions. When reviewing the Act, please keep in mind that all of these conditions
are individualized for Christ Fellowship. Also, the conditions do not relate to City Code
t-equirements and unreasonably limit Christ Fellowship’s ability to hold. religious assemblies to
accommodate its members. We would ask that you review the foregoing and that if you agree,
that the City immediately initiate appropriate modifications or elimination of the offending
conditions. I also want to assure you in dosing that I believe Christ Fellowship is a very positive
addition to the City. Their goal is to enhance the quality of life of their members and all the
residents of Palm Beach Gardens.
Thank you for your consideration of the foregoing. Of course, my client and 1 are more than
willing to-meet with you to discuss these issues.
AJC/nc
Pastor Tom Mullens
Joe Ryan, Exee. Administrator
Leonard Rubin, City Attorney (Via Hand Delivery)
LEONARI) G.
WATTERSON, H~D_ & KI~TT
e R 0 F ~ $ $ ~ 0 t’~ ~. t ~, $ S O C I A t t o t,4 RECEIVEDcrn, MA~AG~ER’e OFRCE
February 22, 2001
via Facsimile and U.S. Mail
Alan J. Ciklin, Esquire
Boose, Casey, Ciklin, et at.
Northbridge Tower 1, 19~ floor
515 North Flagler Drive
West Palm Beach, FL 33401
Re: City of Palm Beach Gardens/Christ Fellowship Church
Dear Alan:
I am in receipt of your letter dated Februa~, 9, 2001, to City Manager Run Ferris.
In your letter, you indicate that-the Christ Fellowship Church and its members are
=troubled" with some of the conditions that were placed on the vadous development
approvals applicable to the Church, and you request that this office review such conditions
to ascertain their legality. You further indicate that the conditions outlined in your letter
were adopted without the C" .Ky’s knowledge of Congress’s enactment of the Religious Land
Useand Institutionalized Persons Act of 2000 ("Act"), which creates a new cause of action
relating to land use regulations that impose a =substantial burden" on the religious exercise
of a person or a religious institution.
While I will gladly review the development orders applicable to the Christ Fellowship.
Church, including all conditions attached to such.approvals, it is mY understanding that
e..a_.ch of the development order a/~. rovals relating, to the Church was adopted by the City
pdor to September 22, 2000, the effective date of the Act. Thus, there was no way the
could have been aware of any requirements or standards relating to the Act at the time of
adoption.
In light of the foregoing, please advise as to why you believe the Act has retroactive
.application. As you are aware, legislation creating new causes of action or substantive
rights are generally applied prospectively, and not retroactively, unless the legislation
specifically provides for retroactive application. As a practical matter, I do not believe that
the Act would require the City to review all of its land use approvals after the (act to
4100 RCA Boulevard - Palm Beach Gaeden$. FL 33410 - Phone ~61
DO NOT REMOVE
IZlLF.. COPY
PLANNING & ZONING D!
Alan J. Ciklin, Esquire
FebruaP/22, 2001
Page 2
determine compliance. The appeal period applicable to the City’s quasi judicial land use
determinations has long since expired. If the City were to unilaterally modify or eliminate
conditions of approval, it would undoubtedly open itself to challenges from affected parties
and other landowners within the City.
By copy of this letter to Steve Cramer, Intedm Growth Management Director, I am
requesting that he provide me with all of the development orders relating to Christ
Fellowship Church. I will not take any action, however; based on the provisions of the Act,
until such time as it is demonstrated that this legislation applies to the approvals at issue.
Of course, Chdst Fellowship Church is free to seek modification to any of its conditions of
approval through the ordinary procedures set forth in the City’s Land Development
¯ Regulations.
I look forward to hearing from you.
Sincerely yours,
Leonard G. Rubin
City/s, ttomey
CC’.Ron Ferris, City Manager
Steve Cramer, Interim Growth Management Director
Terence J. Watterson,.Esquire
Mayor and City Council
LGR:scw
P-’~CPWin’~LlISTORY~010131A\CDA.04(320.013)Scw_doc4
May 23, 2001
Mr. Edward A. Tombari, Senior Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: PUD-01-03: Christ Fellowship Church North and South Campus Amendments
Dear Sir:
The following are responses to the requests for additional information from our meeting
on May 10, 2001. Christ Fellowship seeks to have these conditions removed in order to
better serve those in our community who worship at our facilities. While researching
answers to the questions posed by The Growth Management Office I have discovered-
that the church at no time in Ihe past has asked for any variances or special treatment
beyond the city codes. We have been in our new sanctuary for over ! year and
demonstrated that we are more than a good neighbor.
Resolution 5, 2000
Condition 1: Shuttle buses - we own two late model, a "97 Ford 25 passenger and
a "95 Chevrolet 30 passenger. These are used during regular service hours and for
occasional events.
Ordinance 20, 1997
Condition 6: Northern dry retention area - not applicable per our discussion of
May I 0, 2001.
Condition 7: Restriction on events - Following is a eta-rent schedule of events
and services
1) Service schedule:
¯ a.Sunday9:15 and 11:15 am
........ = ................................._m
c.Saturday 6:00 pm
2) Monday nights:
a. South campus - Religious classes/activities -approximately
100 people
b. North campus - Religious classes/activities - approximately
200 people
3) Tuesday nights:
a. South campus - Religious classes/activities - approximately
200 people
5343"NORTttL^KE BOULEVARD ~ PALM BE^c~t GARDENS, FL 33418 ~ PHONE: 561-799-7600 ~ F^X:561-~
May 23,200 i
Page -2-
b. North campus - Religious classes/activities - approximately
300 people
4)Thursday nights: South campus Religious classes/activities
approximately 300 people
5)Friday nights: South campus - Religious classes/activities
approximately 300 people
6)-Any events, which are or may be scheduled~ are or will be consistent
with our ministry’s religious purpose
Condition 9: Restriction on sound amplifying devices - Outdoor events are small
weddings in the courtyard area. The amplification requested is for the pastor and
wedding party to have microphones to be heard.
Condition 12: Restriction on movable seats - Requested floor plan is attached.
To answer this question we contacted our architect, engineer, and legal advisors to
confirm that the lay out meets code requirements for additional movable seating
in our principal sanctuary. Once again, the church is not calling for any variances
or special exceptions relative to life safety, building codes, or traffic concurrency
standards.
Ordinance 23, 1999
Condition 2: We are not seeking any additional seating for these religious classes
and activities buildings.
Condition 3: Restriction on simultaneous broadcasting (see next section)
Ordinance 34, 1999
Condition 2: Restriction on simultaneous broadcasting - Any simultaneous
broadcasting of services is to facilities, which are independently compliant with
all city building codes and traffic concurrency standards. All service times have a
minimum of 3 Palm Beach Gardens Police Officers. directing traffic and
maintaining traffic flow.-.-May adjus~rients to traffic flow are made based on
recommendations by the Police Officers. In addition, a detailed traffic study
completed and submitted during the initial approval indicated that north and south
campuses operating simultaneously met all requirements for traffic. In fact, after
I full year of operation police officers that i-egularly direct traffic confirm the fact
................ ’-t~C~ffi~ iff h~t-~ iliemoTetiea-t ~r pea-etieal "issue; .................................................................................................
I trust this information is helpful. Thank you for your assistance in this process.
(~:ecRuY~6/Admini str ato
ORDINANCE 20, 1997 5/1/97
9/5/97
10116/97
1 l/6/97
11120197
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FQR
APPROVAL"-"-OF’--:-THE"-"PET[TION-OF P~(I~M BEACH
GARDENS CHRIST FELLOWSHIP CHURCH FOR
REZON[NG OF T’vVENTY (20) ACRES OF LAND LOCATED
ON THE NORTHEAST CORNER OF NORTHLAKE
BOULEVARD AND GIBSON ROAD TO A PLANNED UNIT
DEVELOPMENT, IN ORDER TO CONSTRUCT A CHURCH
SANCTUARY AND RELATED FACILITIES; PP.OV[D[NG
FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received a petition from Palm Beach
Gardens CEris~ Fellowship Church for rezoning of 20 acres of land located on the
corner of No: Lh~ake Boulevard and Gibson P, oad to ~: Planned Unit Development;
\VHEPd~AS. the Planning and Zoning Department has reviewed said petition
~ctcrmined t?’~at it is sufficient;
WHEREAS, the petition is consistent with the City’s Comprehensive Land Use Plan.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves the petition of Palm Beach Gardens Christ Fellowship Church for rezoning of 20 acres
of land Ioc:z:cd on the northcas~ comer o~ Nocthl:.~.:c Boulevard and Gibson Road to a Plmmcd
Unit Development, in order to construct a church sanctuary and related facilities.
SECTION 2. Said Planned Unit Development is approved subject to the following
conditions:
1.Prior to the issuance of the first Building Permit,. a boundary plat shall have been
prepared, approved by City Council, and recorded in the p, ublic records of Palm
Beach County. "
Ordinance 20, 1997
?age 2
Prior to the issuance of the first Building Permit, all necessary permits shall have
been obtained from South Florida Water Management District, Health and
Rehabilitative.$g~ryices,,,.at3.d palm Beach County. ,.:.¯. .: ..- ....
Prior to the issuance of the first building permit, the property, owner or successor
must obtain a driveway connection permit from Palm Beach County for the
Northlake Boulevard entrance.
[fat any time the City determines that maintenance of the grass parking area is in
disrepair or poor appearance, the City may require the owner or successor to
correct the deficiency within thirty (30) days of receipt of ,~,ritten notice. Upon
failure by the owner or successor to comply in the time provided, the City may
require the parking area to be totally or partially paved within one-hundred-fifty
(150) days of receipt by owner or successor of written notice. All such paving
shall be conducted according to City standards at the time of paving¯ All costs
~i~all be ti~e rcs~ot:sibi!itv of the owner or successor_
The landscaping and irrigation of Nocthlake Boulevard and Gibson Road as
nrovided for in the plans shall be completed prior to the issuance of the first
Certificate of Occupancy. The owner or successor shall be responsible for the
perpetual maintenance of said landscaping.
.-r-enled x~-m any way ~,tauu a,-~,~,~utc l-v~ ube ab anauditoritun, theater or bimill~r
All applicable municipal and county impact fees shall be payable
contemporaneous with issuance of the first Building Permit.
lhc ,,w:~..-:-(,r .mccessor shall utilize police or equally trained officials at all
ingress and egress points along Northlake Boulevard for the management Of
¯.- 5- :-.; -:’!-.!:-’,:.r.’-..,,.;;2:"’::z . :...’" ".- : .’
O O
Ordinance 20, 1997
"~age 3
traffic flow and direction before and after all events, including regularly scheduled
events. The petitioner shall maintain a minimum of three (3) police or equally
trained officials at all times for the direction and contol of traffic entering and
exiting the site. As a guideline, traffic on Northlake Boulevard shall not be
stopped for m~fe’*tharl90-.sec’Onds dudng the traffic 60titrol perio~i~
I1.The four traffic lanes located at ihe western portion of the site which provide
access to/from Northlake Boulevard shall be utilized as follows:
a)Following all services and events, traffic cones or other similar traffic
devices shall be utilized so as to limit ingress to the site to one (l) lane;
egress shaft be provided via two (2) left-turn lanes and one (1) right-turn
lane.
b)During all other times, two (2) lanes shall be used as inbound lanes and
two (2) lanes shall be used as outbound lanes.
i?.Prior to the issue:co of the first building pc,:~...’..i~., the petitioner shall subn-,i; ::.
revised lighting photometric plato indicating a maximum 20-foot high lighz poie5,
for the City’s approval.
14.Prior to the issuance of the Certificate of Occupancy, the petitioner shall erect a 6-
foot wall along the site’s northern property line.
15.Prior to the issuance of the Certificate of Occupancy, the petitioner shall install a
3-foot grass berm adjacent to the northern limit of the paved parking aisle on the
site. No parking shall occur in the area north of the parking lot and berm.
.q_ }.--.CTION 3. Construction of the Palm Beach Garde~:s Christ Fellowship Churct’..
Planned Unit Development shall be in compliance with the following plans on file with the
City’s Growth Management Department:
3.)
4.)
53
6.)
November 12, 1997 Site Plan, Glen Pate & AsSociates, Sheet SP-1.0
October 1, 1997 Architectural Elevations, Glen Pate & Associates, Sheets A-1.0 through A-
3.0
October 28, 1997 Conceptual Floor Plan and Section, Glen Patte & Associates, 2 sheets..
November 14, 1997 Landscape Plan, George G. Gentile & Asso’c.iates, Sh+et.L-I
January. 24.1997 Landscape Elevations, George G. Gentile & Associates, Sheet L-2
Februarx, 21. 1997 Landscape Elevations, George G. Gentile & Assoc~iates, Sheets L-3
~i’..~,~ugh 1.-::
Ordinance 20, 1997
Page 4
7.)November 3, 1997 Irrigation Plan, George G. Gentile & Associates, Sheet I-1.
September 30, 1997 Conceptual Drainage Plan, Kimley-Hom and Associates, Sheet C-1.0
SECTION 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS ’~D~Y OF ~ 1997.. ’-.;
PLACED ON SECOND READING THIS~AY-~’~Z~r~~ , 1997.
PASSED AN!~/J~PTE..~/~,~.D//(DAY OF V-’/~~/C-J , 1997.
VICE MAYOR LAU~N FURTADO CO~I~E~
COUp. "CILN.LCN DA ¯ ID CLARK
ATTEST:APPR~OVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
ein-v A OmaEY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO ’-/"
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
AYE NAY ABSEN"-
April 26, 1999
May 21, I999
June 24, [999
July 15, 1999
ORDINANCE 231 1999
" 7""g-" .: -. ¯ "" .-~.. <%’,- ~-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF AN AMENDMENT TO ORDINANCE 20,
1997 TO PROVIDE FOR MINOR C~GF~ IN THE
ELEVATIONS AND FLOOR PLANS OF BUILDINGS A, B,
AND C IN THE CHRIST FELLOWSItIP PLANNED UNIT
DEVELOPMENT; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR .4d’g EFFECTIVE
DATE,
WHEREAS, the City has received an application fi’om Christ Fellowship Inc. to aanend
Ordinance 20. 1997 to provide for minor changes in the elevations of Buildings A. B and C a ~d ~o
,,~e floor pla~ of Bui!di::g A wi:hi,- fi:e Cluis; l:clk~\’,:ship Plm~ned Unit Develop:nan..: ar.i
\\.Ed~IREAS. CNist Fellowship was approved b\’ Ordinance 20, 1997; ar_d
WHEP-.EA~. :he ~.~\’ s k~rc::.~n :,.~m:agcmcn~ Depm-tmen’~ ’ - determined that t?:s requ~;" i;
minor in nature; and
WFEEREAS, the City’s Growth Managemem Department has determined that appro~ al of
said application is consistent with the City’s Comprehensive Plan and Land Development
Regulations.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA: -
SECTION l. The City Council of the City of Palm Beach Gardens, Florida, approv,:s an
amendment to Ordinance 20, 1997 r.o provide for minor ch~ges in the elevations and floor plans of
Buildings A: B and C v.hhm .:he Christ Fellc:v,;ship Planned Unit Development.
SECTION 2. Said approval shall be subject to the following conditions, which shall ~e the
responsibility of the applicant, its successors and/or assigns: "
o All of the conditions from Ordinance 20, 1997 shall remain in full force and effect.
(Planning & Zoning)
o
Building A shall be limited to a capacity of 452 people. (Code Enforcement)
SECTION 3.8aid approval shall be consistent with plans and documents filed with the
City’s Crrow-th Management Department as follows:
1.March 19, 1999 Architeci_ral Site Plan, Glenn Pate & Associates, Sheet SP-I.
2.May 18, 1999 Building B Elevations (Children’s Education), Glelm Pate & Associates, Sheet
3.June 25, 1999 Building B Floor Plan, Glenn Pate & Associates.
4.May lg, 1999 Building A Floor Plan (Youfl~ Ministry), Glenn Pate & Associates, Sheet A-2.
5.May 18, 1999 Building A Elc~,ations, Glenn Pate & A~sociates, Sheet A-3.
6.May Ig, 1999 Building C Elevalions, Glenn Pat~ & Associates, Sheets A-4, A-5.
7.May 11, 1999 Letter from Glenn P~te &
SECTION 4. This Ordinm~ce shall be effective upon adoption.
1999.
ATTEST:
LINDA ’~/. KOSIER,~CMC, CITY CI.,.ERK
B "~..-..’~_///~/~-.,~...~"~ ~
APPROVED AS TO LEGAL FORM
A~SUFFICIENCY.
~TI~Y ~rORI~Y .... . ....
..................... @_@_.@_ ......@.@___~_? ........................._~_~
ltli~,
I’U.TI-I=URPO~ l~t *t
I’IUI.TI-RIRF’Oe~ I;l’t 12 2~24 ,r ¯ !/21~ o I~
C~IILDtRE~’~ C4.~,~:;:X::t~ ¢ II TOT4- )
ADULT 8TAI=i=
~)ULT I’IEEr~ ~’t~.
BUII.DINI "~’
FII;~T FLOOR
r-tF~T FLOOR
1-1U~IC Rt-t
CHOIR (:FFICE
241"I seats ¯ I/5 - ~
r~l~l er tt ~ ,,22
41
21
REVISIONS:
It / I /c’j’l
H / 12/~"1 tU,~.LL, I~
LT.
(8)~ /~-I/ LT_ F
~O A~/~~LD~.
R~I/~1 PA~N
~::XILT EDUCATION:
TOTAl.. I~IILDIi~
TOT~_ PA.’;~.JN~ RE~L ~
PJJD.
~4’-6’ ¯ t’IIDPOINT or F;E)CF
~2’-~’: e 6TEEPLE HT.
C~ ot P.B. Ca~de.s
I~A~AGE~4EN!
SHEET NO.
OF
DRAWN BY
DATE
I~D /
PROJE(
~’RAFI¢IC FLOW FOR EXITING
Petition No. PIJD-96-04 = PBG Christ Fellowship
Our recommendation to the City Police Department is thai tra~e on Northlake Blvd.
never be stopped for any p~od of time longer than a 90-s~ond lnte _ry.al. (Vhis is the time of
short traffic light.) ARer traffic is flowing smoothly on Horthlake and tra6i¢ on the site "has
s~acked sufficiently, the.re should be another 90-s~cond or less interval to allow Irafftc to exit the
s’tte after service.
NOTE: With this plan in place, no one traveling on Nortlflake should ever have to wait
mor~ than 90 seconds at our egress point on Horthlake Blvd.
Please note the following statistics:
Single right turn lane can handle 1_690 vehicles pet hour.
= .47 vehicles per second.
A7 x 90 seconds = 42 vehicles per 90-second interval.
Single left turn lane can handle ~ vehicles p~r hour.
= .33 vehicles per second.
.33 x 90 sccond~ = 30 vehicles per 90-second interval.
Field test of traffic exiting the existing site verifies the above statistics.
New Site:
Two left turn lanes for exiting.
One right turn lane for exiting.
l~’or each 90-~econd interval ~ 102 cat~ can exit the see.
Eight (g) 90-second intervals can void the entire paxking lot.
¯ February
: Ivlr. Jack Dillon
. Cypress Hollow Homeowners Association
199
Christ. Fellowship
Christ Fc;llow~hip
FELLOBSHIP
February 6, 2002
Ms. Joan Altwater
V.P. Cypress Hollow HOA
9180 Cypress Hollow Drive
Palm Beach Gardens, FL 33418
Dear Joan,
Joan per your request and our subsequent conversation to clarify your group’s
understanding please find attached the following:
1. Real Estate Value Study - Performed by licensed Real Estate Agent Mr.
Robert Graeves. His resume and qualifications are included. The surveys indicate and
as a home owner, I’m sure you will be pleased to know, that property values increased
substantially during the past 3-year period.
2.Traffic Analysis and Flow Table - Counts of the number of cars and number of 90-
second interval stops during services.. The traffic flow data indicates that car counts
and traffic load during peak times remains consistent with a June 15, 1999 study
completed by Kimley-Horn and Associates, Inc. At that time, Kimley and Horn, Inc.
evaluated the existing traffic flow using the signalized intersection methodology set
forth in the 1994 Highway Capacity Manual "lt was found that all proposed
driveways will operate at acceptable levels of service based upon signalized
intersection capacity analysis "’. This is confirmed by actual experience and
observation.
3.Lighting Schematic - There has been no change in the light plan since the church was
built. Computerized programs control lights which are only used during regularly
scheduled service times and are set to go off by city ordinance code at 10 P.M.
Security lights close to the building remain on for security purposes.
4.Future Concepts Report - As to you/" request for future development concepts for 20
acres adjacent our north campus, at this time we are considering facilities to
accommodate our congregation as follows:
¯New Student Ministry Center
¯New Children’s Ministry Center
¯Family Life Center .~-: .
¯Fellowship Hall
""ds time we do not have a square footage projection. As in the past, we will not be
g any special variances outside of the Building Codes.
nt and Projected # of Attendees- Information was gathered from actual counts
-vices and projections from recognized church growth researchers.
5343 INorthlake Boulevard ¯ Palm Beach Gardens, FL 33418
Phoebe 561.799.7600 ¯ Fax 561.622.8445 ¯ www.cftoday.org
Place Of Hope - Site Plan for future development which is on file at the County.
Staff and Church Comments on Petition- This summary is meant to provide
recapitulation of the salient and substantive points from city staff as well as comments
made by Pastor Mullins and myself at our meeting.
As I mentioned on the phone, we would like to meet with your group again as soon as
possible. Since not very much has changed from the last time we discussed these issues
and the amount and format of data seems easy enough to read and understand, we trust
meeting soon would not present a burden on your group.
As you said, "we are all reasonable people". Certainly, reasonable people will see the
urgency attendent to some of these restrictions.
We need to answer the question of what constitutes an agreement with your group. If
language different from the staff recommendations developed over the past 9 months is to
be proposed by your group, how will we determine what language will be used? If we
continue to dialogue on these issues, does a simple majority vote carry the language
forward?
Accordingly, we would like to suggest ’at our next meeting we discuss each of the items
before the City Council for March 7th. Firstly, your group votes "yea" or "nea" on
language as drafted by City Staff and approved by Planning and Zoning. If "yes", we
move that item forward. If"nea", we dialogue about changes and see if we can find
common ground. This will keep the process on critical life safety issues and religious
freedom moving forward, while allowing for dialogue on the issues that are, perhaps,
arguably not related to either safety or religious freedom.
We look forward to meeting with you again soon.
As always, if there are any questions please contact me by phone at 307-3380.
Q/’Exec~,~e Administrator
cc City Council
City Staff
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date:
Meeting Date:
03/26/02
04/04/02
Subject/Agenda Item
Ordinance 15, 2002, Providing for Amendments to the Fiscal Year 2001-2002 Budget.
Recommendation/Motion:
Consider a motion to approve Ordinance 15, 2002 on second reading.
Reviewed by:
City Attorney l/¢~
Finance
Other
Submitted by:
Allan Owens
Finance Director
City Mafiager
Originating Dept.:
Finance
Advertised:
Date:
Paper:
[ ] Not Required
Affected parties
J[’--l-Notified
[ X ] Not required
Costs: $190,226
(Total)
$190,226
Current FY
Funding Source:
[ ] Operating
[ ] Other
Budget Acct.#:
Council Action:
[ ] Approved
[] Approved
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Memorandum
[ ] None
w/
BACKGROUND: See attached memorandum.
ORDINANCE 15, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT OF THE CITY OF PALM BEACH GARDENS
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2001, AND ENDING SEPTEMBER 30, 2002, INCLUSIVE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a
Budget for the 2001/2002 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made to the
previously adopted Fiscal Year 2001/2002 Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council hereby amends the revenues and expenditures listed in
the Attached Exhibit "1" and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1, 2001, through September 30, 2002,
inclusive.
SECTION 2. All Ordinances or parts thereof in conflict herewith are hereby repealed.
SECTION 3. Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be
invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only
that part declared to be invalid.
SECTION 4. 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.
,2002.
,2002.
ORDINANCE 15, 2002
PAGE 2 OF 2
MAYOR COUNCIL MEMBER
VICE MAYOR COUNCIL MEMBER
COUNCIL MEMBER
ATTEST:APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
BY:
CAROL GOLD, MMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY
VOTE:
MAYOR
VICE MAYOR
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
AYE NAY ABSENT
EXHIBIT "1"
CITY OF PALM BEACH GARDENS
BUDGET AMENDMENT
FY 2001-02
Fleet Maintenance Fund
Revenues
Account #Description
031-0000-389.0000 Appropriated Fund Balance
Action Amount
Increase $190,226
Revised
Budget
$438,600
Expenditures
Account #Description
031-3020-539.6410 Capital Outlay - Vehicles
Action Amount
Increase $190,226
Revised
Budget
$615,226
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
APPROVED:
FROM:
SUBJECT:
Ron Ferris, City Manager DATE: March 14, 2002
Allan Owens, Finance Administrator/~
Jack Doughney, Chairman, Fleet Management Committee~t~
Justification for Increase in Budget Request
As per Council direction during the Budget Review Process of the 2002 budget, the
effectiveness of our fleet management system was discussed. Beginning in the Fall of
2001, the City Manager appointed a Fleet Management Committee to review this subject.
The Committee is made up of representatives from each operating department and
generally meets for the purpose of :
¯Established to focus on acquisition of appropriate vehicle or equipment for
assigned tasks.
¯Committee has one member from each department and meets bi-weekly.
¯Approach fosters self-governance and input from users.
¯Committee tasked with drafting policies for certain areas with City Manager’s
approval.
¯Recommended extended vehicle warranty purchases, where appropriate.
¯Analyze the cost effectiveness of supplying this fleet service in-house vs.
contractually, which will be completed this budget preparation period..
¯Fleet budget transfers that include cost allocations of fleet user expenses: rental
costs, maintenance costs, fuel, tires.
¯Method of amortization for replacement considering factors: vehicle age,
condition, mileage, and life cycle costing.
,Acquisition reviews for equipment: lease vs. purchase.
These deliberations led us to analyze the current inventory of the fleet we had and what
items needed to be replaced at this time. The current budget year’s appropriation
identified $548,875 worth of known expenditures. During the period of time between
September 2001 and February 2002, the Committee, through its analysis the criteria
identified, has identified the need for an additional appropriation from the Fleet Reserve
Fund of $190,226 to replace the additional inefficient vehicles currently in inventory.
The following attachments are in your package:
The memo from the Public Works Department outlines the original appropriation
and the proposed necessities in the additional appropriation, along with a booklet
outlining the existing government contract used in the acquisition process for all
vehicles described.
The second attachment from the Police Department covers the subject of leased
road patrol marked vehicle, which outlines the lease program with attachments
and supporting documentation.
¯The third attachment is a copy of the PowerPoint presentation we will be
presenting the evening of March 21, which overviews the entire process.
Recommendation:
Council approve Ordinance #15.2002 for the appropriation of $190,226 from the Fleet
Reserve Fund to implement the recommendations of the Fleet Management Committee.
Cc~Hoyt Owens, Public Works Director
Major Ernie Carr, Support Services
Michael Morrow, Public Works Manager
Buddy Brown, Chief Building Inspector
Scott Fetterman, Deputy Fire Chief
Sgt. Paul Leffler, Police Support Services Division
Sgt. Glen Brown, Police .Traffic Division
Art Chesson, Supervisor, Public Works Fleet Maintenance
Michael Kelly, Parks Director
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE:
APPROVED:
FROM:
SUBJECT:
Ronald M. Ferris, City Manager
January 28, 2002
Hoyt Owens, Director, Public Works ~
Michael Morrow, Assistant Director, Public Works
RECOMMENDATION TO PURCHASE TWENTY (20)
VEHICLES, ONE (1) FORKLIFF, AND ONE (1) BACKItOE
FY 2001-2002
The following provides budget information and actual expenses information considering the
subject item:
Budgeted Purchases
10 Patrol Vehicles for Police
2 Vehicles for Growth Management
2 Vehicles and 1 Backhoe for Parks
1 Forklift for Public Works
Budgeted Items
$269,000*
$ 37,000
$ 91,0"00
$ 20,000
Actual Expenses
$103,050"*
$ 38,198
$ 93,199
$13,638
Sub Total $417,000 $248,085
Fleet Committee Add-on Purchases
3 Vehicles for Fire
1 Vehicle for Growth Management
1 Vehicle for Administration
1 Vehicle for Public Works
5 Admin Vehicles for Police***
$ 88,274
$15,035
$16,553
$16,553
$ 97,975
Sub Total $417,000 $482,475
Lease for Police Patrol Vehicles
$131,875
-0-
-0-
-0-
$ 93,690
$108,500
$ 53,686*
$. 750*
FY00-01 @ 10 Patrol Vehicles
Proposed FY01-02 @20 Patrol Vehicles
Hardware for 20 Patrol Vehicles
Graphics for 5 Patrol Vehicles
Total
Budget Adjustment from Fleet Reserve
$739,101$548,875
$194226
*
**
***
Ten patrol vehicles for police @ $26,900 each includes add-on hardware
Five patrol vehicles purchased for police using existing hardware
Replace 1 crashed police administrative vehicle
Mr. Ronald M. Ferris
January 28, 2002
Page 2
The total cost of all vehicles and equipment equals $482~475.00. All vehicles for the City will be
purchased via the Florida Sheriff’s Association Contract (No. 01-09-0905). The forklift will
purchased via Florida State Term Contract (No. 760-001-99-1) and the backhoe via Federal
General Services Administration Contract (NO. GS-30F-1021D).
If you have any questions concerning this recommendation, please see me.
attachments
C:Jack Doughney
Len Rubin
Hoyt Owens
Allan Owens
Art Chesson
File
Ferris 012802
BACKGROUND: Historically, the Police Department purchased ten replacement vehicles each
year at a cost of approximately $269,000. In an effort to keep patrol fleet vehicles less than
100,000 miles, last year we began Phase I of an assigned vehicle program. We are proposing
beginning Phase II of the vehicle assignment Program, a four (4) year lease-purchase of twenty
Ford Crown Victoria Marked Patrol Police Vehicles.
¯It is projected that the lease/assigned vehicle maintenance cost over the life of the vehicle
will be much less than a 24-hour fleet vehicle. Lease/assigned vehicles have 3 years or
36,000 mile warranty ... average lease vehicle should be able to take full advantage of this
warranty for 3 years. Resulting in lower maintenance costs. (projected mileage per year is
12,000 miles.
Our past vehicle purchasing practice has been to buy 10 vehicles a year, to support 30 (24
hour fleet vehicles) average life 3 years. Over 5 years 50 vehicles would be purchased
with either program, fleet or assigned. Capital cost over 5 years is projected to be about
equal. (except for interest for financing)
¯Financial analysis of programs
Assigned Vehicles (8 hour)
Vehicle life 5 years
Cost per yr. on 5 yr. cycle $4141
Maintenance per year $3000
1 year total costs .$7,141
Fleet Vehicles (24 hour)
Vehicle life 3 years
Cost per yr. on 3 yr. cycl~ $6901
Maintenance per year $6370
1 year total costs $13,271
X 50 vehicles $357,050 X 30 vehicles $398,130
Estimated Net Annual Savings $41,080
Benefits of the assigned vehicle program are:
¯Incentive when hiring new officers and retaining veteran officers, most
agencies provide assigned vehicles for officers
¯To promote the security of the citizens of Palm Beach Gardens by greater
visibility and presence of Department marked vehicles on the streets and .
highways
¯To reduce the yearly mileage .of each vehicle and increase the vehicle’s
useful life
¯Reduce the impact of first year depreciation
¯To provide quicker response times to certain types of emergency calls and
increase the opportunity to apprehend criminals
DISCUSSION: The Fleet Committee is recommending the approval to lease-purchase twenty
(20) Police marked patrol vehicles from Duval Ford for $20,610 per vehicle. The award will
piggyback the Florida Sheriffs Association & Florida Association of Counties #01-09-0904.
The Ford Municipal lease,purchase plan will provide financing for the purchase price of
$412,200 over four years, requiring annual payment of $108,279. The annual percentage
rate is 4.57%. $2691000 has been appropriated in the 2001-2002 Fleet Management
budget for Police vehicles. Cost of police vehicles (Including five fleet vehicles) and equipment
from the account total $266,246.
At the term end, the City purchases the vehicles for $1.00.
The equipment cost per vehicle is $2,906 for nineteen vehicles, the twentieth vehicle will be
assigned to a Road Patrol Lieutenant which will not have a light bar, cage, or shotgun rack.
(Cost of equipment is light bar $1925,shotgun rack $204, Cage $380, push bumper $195,
graphics $150, tag and title $52)
Mobile police radios will be funded by the impact fund. Laptop computer desk and bracket
will be funded from the Block Grant. The equipment funding will be addressed in a future
Council agenda item at the appropriate time closer tr’Ihe delivery date.
Police Department staff has worked in conjunction with the Fleet Committee, Public Works and
Finance Director who concur with the recommendation.
RECOMMENDATION:. Staff recommends the lease-purchase of twenty Ford Crown Victoria
Marked Police Patrol Vehicles from Duval Ford for $412,200. Additionally recommends the
approval of Ford Municipal lease-purchase finance plan requiting four annual payments of
$108,500.
FEB 08 2882 14:12 FR FORD MUNICIPAL 313 398 28?2 TO 91561?9944?3 P.02/13
FORD MOTOR CREDIT COMPANY
MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No.
Lessee:City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Lessor: Ford Motor Cred~Company
P. O. Box1739
Dea~om, MI48121-1739
Lessor.agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the equipment, including art modifcations, alteratiOns,
additions, or improvements thereto (the "Equipment"), described in the Schedules (the "SchedUles’) hereto executed from time to t~me
Lessor and Lessee, in accordance with the followin 9 terms and conditions of this Master Equipment Lease-Purchase Agreement ("Masts;
Agreement") and the applicable Schedule.
As provided in Section 17 hereof, Lessor may assign its rights and interests under and related to any one or more Schedules. If none of
Lessor’s interest in, to and under any Schedule has been assigned pursuant to Section 17 hereof, or if all of Lessor’s interest in, to and under
this Master Agreement and a11 Schedules have been assigned to the same assignee without any reassignment, the term "Lease" is used
herein to mean this Master Agreement. including all Schedules. If Lessor’s interest in. to and under any Schedule or Schedules has been
assigned or reassigned pursuant to Section 17 hereof, the term "Lease" is used herein to mean all Schedules that have the same Lessor and
this Master Agreement as it relates to those Schedules and the Equipment listed therein, and each Lease shall constitute a separate single
lease relating to that Equipment.
’l. TERM AND TERMINATION. (a) Leas~ Tcrrn. The lease term (the "Lease Term") for the Equipment listed in each Schedule will
commence on the date that Equipment is accepted pursuant to Section 3 and, unless eadier terminated as expressly provided for in
Paragraphs 6, 19 or 20 of this Master Agreement, will continue until the expiration date (the "Expiration Date") set forth in the applicable
Schedule. The termination or expiration of the lease of any item of Equipment shall apply solely to that item of Equipment and will not result
in the termination or this Master Agreement or the lease of any other item of Equipment. and the rights and obligations of Lessor and Lessee
under this Master Agreement shall continue in full force and effect with respect to the remaining Equipment subject to this Master Agreement.
(b) Term of Master Aqreement. The term of this Master Agreement shall commence On the date it is executed by Lessor and Lessee,
and will continue until terminated by either Lessor or Lessee upon at least thirty days prior written notice of the effective date of such
termination (the "~rermination Date’); provided, however, that the terms and conditions of this Master Agreemen( shall continue in full force
and effect and the obligaSons of Lessee hereunder and any Schedule(s) with respect to Equipment leased prior to the Termination Date shall
remain in full force and effect until all such obligations have been fulfilled.
2. LEASE PAYMENTS. For the lease of the Equipment listed in each Schedule. Lessee shall pay to Lessor the lease payments and
other charges (the "Lease Payments’) set forth in the applicable Schedule and this Master Agreement. As set forth in the applicable
Schedule, each Lease Payment includes a principal portion and an interest portion. The Lease Paymenls will be payable without notice or
demand at the office of Lessor (or such other place as Lessor or its assignee may from time to time designate in writing) on the ~rst Lease
Payment Date and thereafter as set forth in the applicable Schedule. If any Lease Payment is received later than ten (10) days al~er the due
date, Lessee will pay a late payment Charge equal to 1,8% of the amount of the Lease Payment or the maximum amount permitted by law.
whichever is less. Except as specifically provided in Section 6 hereof, the obligation of Lessee to make the Lease Payments hereunder and
perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense.
counterclaim, or recoupment for any reason whatsoever including, without limitation, any failure of the Equipment to be delivered or installed,
any defects, malfunctions, breakdowns or in[irmi’-Jes in the Equipment or any accident, condemnation or unforeseen circumstances. Lessee
reasonably believes that sufficient funds can be obtained to make all Lease Payments dudn9 the applicable Lease Term and hereby
covenants that the official of Lessee responsible for budget preparation will do all things lawfully within his or her power to obtain, maintain
and propedy request and pursue funds from which the Lease Payments may be made, including making provisions for Lease Payments to the
extent necessary in each budget subm~ed ~r the purpose of obtain;,ng funding, using his or her best e~orts to have such porfon of the
budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved, tt is
Lessee’s intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents
that the use of the Equipment is essential to its proper, efficient and economic operation. The foregoing provisions shall not be construed to
require Lessee’s governing, body or other governmental body charged with budgeted or appropriating funds for Lessee to budget or
appropriate funds to make Lease Payments. Lessor and Lessee understand and intend that the obligation of Lessee topay Lease Payments
hereunder and each Schedule hereto shall constitute a current expense of Lessee and shall not in any way be construed to be a debt
Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by
Lessee. nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee.
3. DELIVERY AND ACCEPTANCE. Lessee will cause the Equipment to be delivered to Lessee at the location specked in the
applicable Schedule (’’Equipment Location"). Lessee wgl pay all transportation and other costs, if any, inc~Jrrad in connection with the delivery
and installation of the Equipment. Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will
evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (in the form provided
by Lessor) within three day~ of delivery of the Equipment.
4. WARRANTIES. (a) Assignment of Warranties. So long as no Event of Default has occurred and is continuing, Lessor assigns to
Lessee dudn9 the Lease Term of the Equipment all manufacturer’s warranties, if any, expressed or implied with respect to the Ec[u~pment,
and Lessor authorizes Lesse~ to obtain the customary services furnished in connection with such warranties at Lessee’s expense. Lessee
will resolve any claims under such warranties directly with the appropriate manufacturer or vendor. Lessee’s sole remedy for the breach of
any warranty shall be ~jalnst the party providing the warranty, and not against Lessor. Lessee expressly ~.Y,z~:iges that Lessor makes,
and has made, no represenlations or warranties whatsoever as to the existence or the availability of such warranties of the manufacturer
vendor of the Equipment.
FEB OB 2002 I~:IB FR FOP.I) MUNICIPAL 313 39~ 2872 TO 915617994473 P.03/13
(b) pISCLAIMER OF WARRANTIES. LESSEE ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS OF A SIZE, DESIGN AND
CAPACITY SELECTED BY LESSEE, THAT LESSOR IS NEITHER A MANUFACTURER NOR A VENDOR OF THE EQUIPMENT AND THAT
LESSOR LEASES AND LESSEE TAKES THE EQUIPMENT AND EACH PART THEREOF "AS-IS" AND THAT LESSOR HAS NOT MADE,
AND DOES NOT MAKE. ANY REPRESENTATION. WARRANTY, OR COVENANT. EXPRESS OR IMPLIED, WITH RESPECT TO THE
MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION. FITNESS FOR USE, OR SUITABILITY OF THE
EQUIPMENT |N ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOP~ THE PURPOSES AND USES OF LESSEE. OR AS
TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY
INFRINGEMENT OF ANY PATENT. TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT
OR ANY OTHER REPRESENTATION. WARRANTY. OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED. WITH
RESPECT THERETO, IT BEING.AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND LESSOR SHALL
NOT BE OBLIGATED OR LIABLEFOR ACTUAL, INCIDENTAL, CONSEQUENTIAL. OR OTHER DAMAGES OF OR TQ LESSEE OR ANY
OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND
THE MAINTENANCE THEREOF. .... "
5. RETURN OF EQUIPMENT. Unless Lessee shall have exercised its purchase option as provided in Section 20 hereof, upon the
expiration or earlier termination of the Lease Term of the Equipment pursuant to the terms hereof. Lessee shall, at Its sole expense but ~
Lessors option, return the Equipment to Lessor packed for shipment in accordance with manufacturers specifications and freight prepaid and
insured to any location ’Mthin 200 mites of the Lasses.
6- NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Master Agreement or any Schedule to the contrary,
in the event no funds or insufficient funds are appropriated arid budgeted and sufficient funds are othe~vise unavailable by any means
whatsoever in any fiscal period for all Lease Payments under a Lease, Lessee will immediately nolJfy Lessor in writing of such occurrence and
the Lease Term for the Equipment under that Lease shall terminate on the last day of the fiscal period for which sufficient appropriations have
been received or made without pena~y or expense to Lessee, except as to Lessee’s obligations and liabilities under this Master Agreemen:
relating to, or accruing or arising pdor to, such termination. In the event of such termination, Lessee agrees to peaceably surrender
possession of the Equlpment under that Lease to Lessor on the date of such termination in the manner set forth in Section 5 hereof and
Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. If the Lease Term for any Equipment is
terminated in accordance with this Section, Lessee agrees, to the extent permitted by law, that Lessee will not expend funds for the purchase
or use of equipment performing functions similar to those performed by the Equipment which has been terminated for a period of 90 daysfollowing the termination of the Lease Term; provided this restrictibn " shall not be applicable in the event that the Equipment is sold, released
or othe~wise disposed of by Lessor and the amount received from Sqch disposition, less all costs of such sale or dlsposiSon, is sufficJent to
pay all then applicable Concluding Payments (as defined in the Sche.doles) or to the e~ent that the application of these restrictions is unlawful
and would affect the validity of a Lease or this Master Agreement. This Section shall remain in full force and effect notwithstanding the
termination of this Master Agreement or any Lease Term.
7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee represents, covenants and warrants as of the date hereof and
at all ~imes dudn9 the Master Agreement Term that: (a) Lessee is a State or a fully constituted political subdivision, of a State, and has
substantial amount of one or more of the following sovereign powers: (1) power to tax, (2) power of eminent domain, or (3) police power,
will do or cause to be done all th~ngs necessary to preserve and keep in full force and effect its existence and this Master Agreement; (b) th~=
execution, delivery and performance by the Lessee of this Master Agreement and all documents executed in connection herewith, including,
without limitation, all Schedules hereto and the Delivery and Acceptance Certificates referred to in Section 3 hereof (this Master Agreement
together with all such documents shall be collectively referred to herein as the "Lease Documents") have been duly authorized by all
necessary acSon on the part of the Lessee; (c) the Lease Documents each constitute a legal, valid and binding obligation of the Lessee
enforceable in accordance w~th the;r respective terms; (d) all required public bidding procedures regarding the award of the Master Agreement
and the purchase of the Equipment have been followed by Lessee. and no governmental orders, permissions, consents, approvals or
authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and
delivery of the Lease Documents; (e) Lessee has sufficient appropriations or other funds available to pay all Lease Payments and other
amounts due hereunder for the current 5scal period: (f) the use of the Equipment by Lessee is essential to and will be limited to the
performance by Lessee of one or more govemmental functions of Lessee consistent with the permissible scope of Lessee’s authority; and
no port{on of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than Lessee. At the
request of Lessor, Lessee shall deliver to Lessor an opinion of Lessee’s counsel in form and substance as set forth in the form of opinion of
counsel attached hereto or otherwise acceptable to Lessor, dated the date of acceptance of the Equipment pursuant to Section 3 hereof. I~
the event that a question arises as to Lessee’s qualification as a polltlcal subdivision, Lessee agrees to cooperate v4th Lessor to make
application to the Internal Revenue Sen/ice for a letter ruling with respect to the issue.
8. TITLE TO EQUIPMENT; SECURITY IN’rEREST..Upon acceptance of the Equipment by Lessee hereunder, titleto the Equipmen~
~lt vest in Lessee subject to Lessor’s rights under this Master Agreement; provided, however, that title will immediately vest i.n Lessorwit.hoG
any action by Lessee and Lessee shall immediately surrender possession of the Equipment to Le..<sor in accordance with Section 5 hereof,
Lessee terminates the Lease Term of the Equipment pursuant to Section 6, or upon the occun’ence of an Event of Default. or if Lessee does
not exercise the purchase option pdor to the Expiration Date. In order to secure all of its obligations hereunder, Lessee hereby (a) grants
Lessor a frst and prior secudty interest in any and e~l right, title and interest of Lessee in the Equipment including but not limited to computer
pro~Jrams and computer documentation, if any, relating to the Equipment and in all addltfons, attachments, accessions, and substitutior~s
~ereto, and on any proceeds therefrom. (b) agrees that thls Master Agreement may be Sled as a financing statement evidencing suet"
security interest. (c) agrees to execute and deliver all financing statements, cert;flcates of title and other instruments in form satisfactory
Lessor necessary or appropriate to evidence such secure] interest, and (d) authorizes Lessor acting on behalf of Lessee to execute and file
any financing statements and to take any other action required to perfect Lessor’s secudty interest in the Equipment.
9. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the
mont. Lessee shall comply with all laws, ordinances, insurance policies and regulations relaSng to the possession, use. operation c
maintenance of the Equipment. Lessee, at its expense, will keep the Equipment in good working order and repair and furnish all parts
mechanisms end devices required therefor.
10. AL3"ERATIONS. Lessee wil| not make any modifications, alterations, additions or ~mprovements to the Equipment w~thout Lessor’~
prior written consent unless such a~terations, additions or improvements may be readily removed without damage to the Equipment.
FEB 08 2~02 14:14 FR FORD rIUt-~ICIPAL 313 39~ 28q’2 TO 91.~E)I7994473 P.04./13
1i. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rollin 9 stock, its permanent
base will not be changed from the Equipment Location without Les.sor’s prior written consent which will not be unreasonably withheld. Laser
will be ent~ed to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe ~
use and operation.
12. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those createC
under this Master Agreement. Lessee shall pay, when due, to the extent required by law. all charges and taxes (local, state and federa~
which may now or hereafte~ be imposed upon the ownership, leasing, rental, sale. purchase, possession or use of the Equipment, excludin~j
however, all taxes on or measured by Lessor’s income. If Lessee fails to pay said charges, or taxes when due, Lessor may, but need not,
said charges or taxes and, in such event, Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rate permitted by
law fromthe date of such payment by Lessor to the date of reimbursement by Lessee. "
13. RISK .OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all r~sk of loss of or damage to the Equipment from any caus~
whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of
the obligation to make Lease Payments or to perform any other obligation under this Master Agreement. In the event of damage to any item
of Equipment, Lessee will immediately place the same in good repair, with the proceeds of any insurance recover~ applied to the cost of suc.~.
repair. If Lessor determines that any i~em of Equipment is lost, stolen, destroyed or d~ma9~d beyond repair, within 30 days of
determination, Lessee, at the option of Lessor, will either (a) replace the same with like equipment in good repair, or (b) pay Lessor an amour,:
equal to (1) the Concluding Payment for the immediately preceding Lease Payment Date as set forth in the applicable Schedule, (2)
accrued interest portion of the next Lease Payment through the date such amount is paid. and (3) all other amounts then due under this
Master Agreement with respect to such Equipment. In the event that Lessee is obligated to make such payment pursuant to subparagraph
(b) above with respect to less than all of the Equipment, Lessor will provld¢ Lessee v~h the pro rata amount of the Concluding Payment to
made by Lessee with respect to the Equipment which has suffered the event of loss.
14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or attached tc
real estate or any building thereon. If requested by Lessor, Lessee wiII, at Lessee’s expense, furnish a waiver of any interest in the
Equipment from any party having an interest in any such real estate or building.
15. INSURANCE. Lessee, will, at its expense, maintain at all,times during the Lease Term, fire and extended coverage, public liabili~.
and property damage insurance with respect to the Equipment in sbch amounts, covering such riSkS, and with such insurers satisfactory tc
Lessor, or may self-insure against any or all such risks under a setf-ir~surance program satisfactory to Lessor. In no event will the insurance
limits be less than the amount of the then appllc~bte Concluding Payment with respect to such Equipment. Each insurance policy will nam~
Lessee as an insured and Lessor as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30;:
days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies or set~-
insurance will be payable to Lessee and Lessor as their interests may appear. Upon acceptance of the Equipment and upon each insurance
renewal date, Lessee will deliver to Lessor a certificate evidencin9 such insurance. In the event that Lessee has been permitted to sePt-
insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or acc~.dent involving th~
Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentatio~
rel~ng thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof.
16. INDEMNIFICATION. Since Lessor’s sole responsibility in connection with ehi~ trans~ction is to provide an amount equal to the
prindpa! portion of the Lease Payments to pay costs of the acquisition and lease of the Equipment. the parties intend that Lessor incur n~
liability, cost or expense with respect to Lessee’s possession, use or operation of the Equipment. Accordingly, Lessee agrees, to the exte~,;
permitted by law, to indemnify Lessor against, and hold Lessor harmless from. any and all claims, actions, proceedings, expenses, damages
or liabilities, including attorney’s fees and court costs, adslng in connecSon with the Equipment. including, but not limited to, its sele~o¢,.
purchase, deliver, instal(alien, possession, use, operation, rejection, or return anti the recovery of claims under insurance policies thereon.
The indemnification provided under this Section shall survive, the full payment of all obligations under this Master Agreement or the
termination of the Lease Term for any reason.
17. ASSIGNMENT. Without Lessor’s pdor written consent, Lessee will not either (a) assign, transfer, p~edge, hypothecate, grant O-
security interest in or o~herwise dispose of this Master Agreement or the Equipment or any interest in this Master Agreement or. the Equipme~
or (b) sub~et or tend the Equipment or permit ~t to be used by anyone other than Lessee or Lessee’s employees. Lessor may assign Its rights.
title and interest in and to this Master Agreement, the Equipment and any documents executed w~th respect to this Master Agreement anger
grant or assign a security interest in this Master Agreement and the Equipment, in whole or in part (including without limitations the dghts anc~
interests of Lessor under and related to any Schedule and the Equipment thereunder), and Lessee’s rightS w~ll be subordinated thereto. An~
such assignees shall have all of the dghts of Lesso~ under this Master Agreement with respect to the r~ghts and interest assigned. Subject
the foregoing, this Master Agreement inures to the benefit of and is binding upon the successors and assigns of the penes hereto. Lessee
covenants and agrees not to assert against the assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment
the like which Lessee may have against Lessor. Upon assignment of Lessor’s interests herein, Lessor wilt cause written notice of suet’.
assignment to be sent to Lessee w’nJch will be sufficient if it discloses the name of the assignee and address to which further payments
hereunder should be m~de. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee
acknowledge such assignments in writing if so requested. Lessee shall retain all notices of assignment and maintain a book-entry record (as
referred to in Section 21) which identifies each owner of Lessor’s interest in the Master Agreement. Upon Lessee’s receipt of walton notice c.-.-
Lessor’s assignment of all or any part of its interest in the Master Agreement, the term "Lessor." when used herein with respect to any rfgh~
assigned, shall mean the assignee to whom those rights are assigned and Lessee agrees to attorn to and recognize any such asskjnee
the owner of Lessor’s interest in this Master Agreement, and Lessee shall thereafter make such payments, including without limitaSon suct~
Lease Payments, as are indicated in the notice of asslgnmenL to such assignee.
18. EVENT OF DEFAULT. The term "Event of Default," as used herein, means the occurrence of any one or more of the
events: (a) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of th~s Maste--
Agreement, and any such faiiura continues for ten (10) days after the due date thereof;, (b) Lessee fails to perform or observe any other cove-_
nant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within thirty (30) days after
notice thereof by Lessor; {c) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Mast~;
FEB 88 2C)~2 :14: :LS FR FORD HUHICIPQL ~13 39CJ 28?2 TO 915617994473 P.~5/£3
Agreement or in ~ny wrffing ever delivered by Lessee pursuant hereto or in ~nne~ion here~h ~s false, misleading, or e~on~us in any
material res~e~; (d) Less~ bacons insolent, or is unable to pay ~ debt~ ~s lhey ~me du~. or m~kes an assignment for the benefit
~edito~. applie~ or con~ent9 to ~e eppoin~ent o~ a reviver, trustee, ~nse~tor or liquidator of Less~ or of any of it~ ~sse[9, ot a
for relief is filed by Lessee und~ any bankrupts, insolvent, reo~n~a~on or s{milar I~. or ~ petition in. or a pr~ed~g under, any
bank~, insolent, r~rgan~at]on or ~[m~lar la~ is fil~ or institut~ against Les~e and is not dismissed or ~lly stayed within ~]~ (30)
d;ys after th~ fll~n 9 or ins~tution ~ereof; (e) Lessee fails to make any pay~nt when due or fails to pe~o~ or obse~e any cove~nt.
~ndibon, or agreeme~ t0 be peffo~ed by it under any other agreement or obligabon w~h Lessor or an affili~e of Lessor and any appli~ble
gra~ period or noti~ with res~ct thereto shall have elapsed or been given; or (0 an a~a~ment, law or execubon is ~reatengd or levied
upon or against the Equipm’ent.
19. REMEDIES. Upon the o~utten~ of an Event of Defaul~ under any Lease. and as long as such Event of Defau~: under any Le~ ~
~ntinuing, Les~r may. at ~s option, exercise a~ one or more of the foll~ing remedies: (a) by ~en noti~ to Les~e, de.are an amou~
equal to a~lamounts ~en due under that Lease, and all rema~nln9 Lease Paymen~ due under that Lea~ dudng the fls~l year of Lessee in
~i~ the defauff o~urs to be im~di~tely due ~nd payable; ~ereupon the same shall bec~e immediately due and payable; (b)
noti~ to Lessee, r~uest Lessee to (and Lessee agrees that ff ~11), at Lessee’s e~ense, promptly return ~e Equipment under that Lease
Lessor in Ihe manner set fo~h in So.ion 5 her~. or Lessor. at its option, may enter upon the premises where the Equipment under
Lease is Io~ted and take immediate possession of and remove the same; (c) sell or lease the Equipment under that Lease or sublease it for
the a~unt of Les~e, holding Lessee liable for all Lease Payments and o~er paymgnts due to ~e eff~tive date of such selling, leasing or
subleasing and for the differen~ be~en ~e amounts othe~ise payable by Lessee under ~ Lease and the purchase phi, rental and
other amours paid by ~e pur~ser, lessee or sublessee pu~uant to su~ sale, lease or sublease; and (d) exerd~ any other right, rem~y
or pd~lege which may be available to ~ under appli~ble laws of the state ~ere ~e Equipment is ~en I~ted or any other appli~ble law or
pro~ed by appropriate ~u~ action to enforce the terms of that Lease or to rearer damages for ~e breach of ~at Lease or to resdnd that
Lease as to any or eli of the Equipment under that Lease. In addition, Lessee will remain liable for all ~venants and indemnities under this
Master Agree~nt and, to the ¢~ent permJ~ by law, for all legal fees and o~er ~sts and ex~nses, in~uding ~ufl ~s~, incu~ed by
Lessor with respe~ to ~¢ enforcement of any of the remedies listed above or any other remedy available to Les~r.
~0. PURCHASE OPTION. U~n at least thi~ (30) days pdor ~en noS~ ~om Les~e to Lessor. and pro~d~ th~ no Event
Defau~ has o~rred and is ~ntinuing, Lessee wlg ha~ the right to purchase the Equipment under any Schedule at a pur~ase pri~ equa~
to the sum of (a) the Concluding Payment for ~e immediately pre~ding Lease Pa~ent dale as sel fo~h in the app]i~b~ Sc~dule, (b)
ac~ued interest ~flion of the ne~ Lease Pa~ent ~mugh ~e d~te ~e pumha~ pri~ is paid, and (c) any o~er amoun~ ~en due under
this Master Agreement. Upon satisfaGion by Lessee o[ su~ purch~ conditions, Lessor will t~nsfer any and all of its right, ti~e and inte~st
in ~e Equipment to Lessee as is, ~hout ~rranty. express or impl~Fd, e~pt Lessor will warrant that the Equipment is ~ee and clear of
liens created by Lessor.
~1. T~ COVENANTS; INDEMNI~. (a) Tax Assumptions and.~_0v~nan~. ~e pa~es assume that, and Lessor is entedng into thi~
Ma~er Lease ~ ~e ex~ation that, Lessor.~n exclude #ore Federal gms~ in.me the interest po~on of ~ L~se Pg~ent set fo~ ic
¯ e S~edule under the Column ~ptioned "Interest Potion." Less~ co~nants that ~ will (a) exg~e the appropriate Fo~ 8038 for
Sch~ule prepar~ on ~haff of Lessee by Labor. ~o will register this Master Agreement and ~nsfers ~ereof in a~rdance ~
149(a) of ~e Internal Revenue Code of 1986, as amended (~e "Code’), end the r~ulations thereunder. (b) not pe~ the pm~ financ~
by this Master Agr~ment to be direly or indire~ly used for a private business use ~in the meaning of s~on 141 of the C~e, (c) no~
take any a~ion which results, direcgy or indirec~y, in the interest potion of any Lea~ Payment not ~ing e~ludable ~om Federal gross
in.me pursuant to so.ion 103 of ~e C~e and will take any reasonable a~ion ne~ssa~ to prevent su~ resu~, and (d) not take any
~ich resuRs in ~is Master Agreement beaming, and will ~ke any reasonable a~on to prevent this Master Agreement from beaming an
a~rage obligalion within the meaning of so.ion.148 of the Code or federally guaranteed ~hln the meaning of so.ion 149 of ~e C~e.
(b) ~ IndemniW. In the event that Lessor eff~r (a) r~ives noti~ from ~e Internal Revenue So.ice. or (b) reasonably d~e~in~.
bas~ on an opinion ~ independent ~x ~uns¢l sol.ted by Lessor and not reasonably obje~ed to by Lessee within ten (10) da~
noti~ from Lessor of ~e sele~ion, that the in.rest po~on of any of the Lea~e Payments set fo~ in the Sc~ules is ~cludable in Lessors
gross in.me for Federal in.me t~ pu~oses, then Lessee will pay Les~r wi~in ~ days ~er receiving noti~ #ore Lessor of su~
determination, the amount ~ich, ~ resp¢~ to su~ Lease Payments previously paid, will restore the a~et-tax yield (after taking into
ac~unt all t~es, interest and ~na~ies) on the tra~a~ons ~iden~ by ~is Master Agt~ment to ~at ~i~ ~u~d have b~n had
interest potion not b~n includable in Lessors gross in.me for Federal in.me tax pu~oses, and pay as an additional Lease Pa~ent
succ~ing Lease Payment due dates su~ amount as will maintain such after-tax ~eld. No~tanding the eadier te~on or expirati~r=
Of this Master Agreement or Lease Te~ of the Equipment, ~e obligations provided for in ~is So.ion 21 shall suave su~ earlier te~inaSo~
or ~iration.
22. MISCEL~NEOUS. (a) No~s. All n~i~s t0 ~ given Un~r this Maser Agreement shall be made in wri~ and mailed
~fied mail. return re~ipt reques~d, to the other pa~ at its address set fo~ heroin or at such address as ~ pa~y may provide in ~
from time to time. Any su~ noti~ shall be d~m~ to have been mce~ five days subs~uent to mailing.
(b) ~ion Headings. All se~on h~d[~s ~ntained herein are for ~e convenlen~ of teferen~ only and are not intended to define
limit the s~pe ~ any prods[on of this Master Agreement.
(c) Govemina Law. ~is Master ~reement shall ~e construed in ac~rdan~ wffh, and governed by, the ~ ~ the s~te of ~
Equipment Lo~ti0n,
(d) Del~ve~ of Rel~ed D~men~. Lessee ~11 exe~te or pin.de, as r~u~ted by Lessor, su~ o~er d~ments and info~a~on
are t~nably ne~a~ w~h resp~ to t~ ~ansa~n ~ntemplated ~ this Master Agr~me~.
(e) Entire Aq~ment. ~e Lease Do.merits ~n$~t~e ~¢ engre ear.merit baleen ~ patios w~ res~ to ~e lease of
Equipment. and this Ma~er Agr~m~t shall not be modred, amended, aRered, ot ~anged ex~pt ~th the ~i~en ~nse~ ~ Lessee
Lessor. ~y provision of ~is Master Agreeme~ found to be prohib~ed by law shall be ineff~ve to the e~e~ of ~ ~ohibition
invalid~ing the temain~r of this Ma~ Agr~nt. The waNer by Le~r of any bma~ by Les~e ~ any te~, ~venant or ~ndi~c,-
heteo~ she, not ope~ as a ~iver of any subs~uent b~a~
FEB 88 28@2 14:16 FR FORD MUNICIPAL 313 39@ 2872 TO 9156279944?3 P.06/13 :#
(f) Interest Rate Limitations. It is the intention of the padies hereto to comply w~ any appliceble usury and other interest rate
laws; accordingly, notwithstanding any provisions to the contrary in this Master Agreement, in no event shall this Master Agreement
the payment or permit the collection of interest or any amount in the nature of interest or fees in excess of the maximum perm~ed
applicable law.
(.9) Counterparts. Th!s Master Agreement or any Schedule may be simultaneously executed in several counterparts, each of which
be an odgina~ and all of which shall constitute but one and the same instrument and either of the parties hereto may execute this
Agreement or any Schedule by signing any counterpart, except that to the extent that this Master Agreement of shy Schedule const~.~
chattel paper, no security interest therein may be perfected through possession except by possession of CounterPart No. 1 ora Schedule ~..-~
irespect, t o that Schedule and the Master¯Agreement as it relates to that Schedule.
¯IN WITNESS WHEREOF, the parties have executed this Mast¢~ Agreement == of 6/10102. ¯ :
Lessee:City of Palm Be~ch Gardens Lessor:.
By:By:.
Trtle:Title:
Ford Motor Credit Company
Frank Mastrella
Operations Mar~ger, Municipal Finance
FEB 08 2002 14:16 FR FORD MUN I C I PAL 390 28?2 TO 915~I?~94~73 P.07/13
OPINION OF COUNSEL
W~th respect to that certain Ma~er Equipment Lease-Purchase Agreement 6807800 dated £g10102 by and between Ford Motor CrecJ~.
Company (Lessor) and City of Palm Beach Gardens (Lessee) as Supplemented by Schedule 6807800 thereto (the "Master Agreement"). I ~-,~.
of the opinion that:
(1) Lessee is a political subdivision of the State, and has a substantial amount of one or more of the followin 9 sovcrelgn powers: (a
the power to tax, (b) ~he power of eminent domain, and (c) police power;.
(2) Lessee has the requisite power and authority to purchase the Equipment (as defined in the Master Agreement) and to execute
and deliver the Master Agreement and to perform its obligatiops under the Master Agreement; ¯
(3) the execution, delivery and performance by Lessee of the .Master Agreement have beer~ duly authorized by all necessary
on the part of Lessee:
(4) the Uniform Commercial Code of the state where the Equipment Is located and/or the certificate of title laws of such state
govern the method of perfecting Lessor’s security interest In the Equipment;
(5) the Master Agreement has been duly executed and de/ivered by Lessee and constitutes a legal, valid and binding obligatbn
Lessee enforceable in accordance w~th its terms;
(6) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee. at law
equity, or before or by any governmental or administrative agency or instrumentality which, if adversely determined, would have a mat~
adverse effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform lie obligations under the Mast=
Agreement and Lessee is not in default under any matedal obligation for the payment of borrowed money, for the deferred purchase price
property of for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same
effect; and
(7) all required public biddin9 procedures regarding Lhe award of the Master Agreement and the purchase of the Equipment
been followed by Lessee and no governmental orders, permission~’,.consents, approvals or authorizations are required to be obtained and
r¢gistratlons or dedaretions are required to be flied in connection wit~ the execution and delivery of the Master Agreement.
Attorney for Lessee
Len Rubin
FEB 88 280_? 14:17 FR FORD MUNICIPAL 313 398 ?_8?2 TO 91561?9944?3
ADDENDUM TO MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 6807800
Florida
THIS ADDENDUM;which is entered into as of 6110/02 between Ford Motor Credit Company ("Lessor") and City of Palm Beach Gardens
(’Lessee’). is intended to modify and supplement the Master Equipment Lease-Purchase Agreement between Lessor and I_e.ssee of even dat~
herewith (the "Master Agreemen!"). Capitalized terms not othcrv~s¢ defined herein shall have the meaningseet forth in t’ne Master Agreement..
1. Section I~. TITLE TO EQUIPMENT; SECURITY INTEREST,. Section 8 is reetitled TITLE TOEQUIPMENT and is amended in
its entirety to state as follows:
Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee subject to Lessors rights under this
Master Agreement; provided, however, that title will immediately vest in Lessor without any action by Lessee and Lessee shall immediately
surrender possession of the Equipment. to Lessor in accordance with Section 5 hereof, if Lessee terminates the Lease Term of the Equipment
pursuant to Se~on 6, or upon the occurrence of an Event of Default, or if Lessee does not exerdse the purchase option pdor to the Expiration
Date.
2.Section 15. INSURANCE. Section t5 is amended in its entirety to state as follOwS:
Lessee, will, at it expense, maintain at all times during the Lease Term, fire end extended coverage, public liability and property damage
insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers s~tisf’actory to Lessor, or may self-insure
against any ot ~II st~ch risks under a seif-insuranoe pro0ram satisfactory to Lessor. tn no event will the insuranc~ limits be le-~s than the amount of
the then applicable Concluding Payment with respect to such Equipment or, in the case of publlc liability and property damage insurance, in the
amounts of $100,000/$300,000 bodily injury [iabitity end $50,000 property damage insurance sufficient to meet the requirements of section
324.021(9)(b) of the Florida Statutes (or any successor statute). Each insurance policy will name Lc.ssce as an Insured and Lessor
add~onal insured, and w~lt contain a clause requirin9 the insurer to .gbe Lessor at least thirty (30) days prior written notice of any a~er~t~on in the
terms of such policy or the cancellation thereof. The proceeds of any such policies or self-insurance will be payab]e to Lessee and Lessor as their
interests may appear. Upon acceptance of the Equipment and upon’each insurance renewal date, Lessee will deliver to Lessor e certificate
evidencing such insurance. In the event that Lessee has been pc~Tn~ed to self-insure, Lessee will furnish Lessor with a letter or certi~cate to
such effect. In the event of any toss. damage, injury or accident invobin9 the Equipment, Lessee witt promptly provide Lessor w~th v,~l~n notice
thereof and make available to Lessor all information and documentation relatin9 thereto and shall permit Lessor to participate and cooperate
Lessee in making any claim for insurance in respect thereof.
3.Section 16. INDEMNIFICATION. SecSon 16 iS re-titted LESSEE’S NEGUGENCE and is amended in i~sentirety to state as
follows:
Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to any Equipment and for injury or
death of any person or damage to any property, whether such injury or death be with respect to agents or employees of Lessee or to third pa~es,
and whether such property damage be to Lessee’s property or the property of others, which is proximately caused by the negligent conduct of
Lessee, its officers, employees or a9ents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations,
losses, damages, penalties, claims, actions, costs and expenses (inctudin9 reasonable attorney’s fees) of whatsoever kind and nature, imposed
on, incurred by or asserted against Lessor that in any way relate to or arise out of a claim, su’~t or proceeding based in whole or ~n pert upon the
negligent conduct of Lessee, its officers, employees or agents, to the maximum extent permitted by law.
As modified hereby, this Master Agreement is and shall remain in full force and effect and, except as modified hereby, the rights and
obligations of the parties thereunder are not modred or affected in any way.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed in their names by their duly authorized
representatives as of the date first above written.
Lessee: . City of Palm Beach Gardens Lesson Ford Motor Credit Company
By:.By:
TdJe:Title:
Frank Masttella
Operations Manager, Municipal Finance
FEB ~8 2882 14:17 FR FORD HUNICIPQL 28?2 TO 91561T~944T3
SCHEDULE 6807800 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 6~07800
AMENDMENT
That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor
Credit Company ("Lessor") and City of Palm Beach Gardens ("Lessee"), dated as of 6/’10102
(the "Lease") is hereby amended as followcJ:
Lessee has not issued, and reasonably anticipates that it and its
subordinate entities will not issue, tax-exempt obligations (including this
Lease) in the amount of more than $10,000,000 during the current
calendar year; hereby designates this Lease as a "qualified tax.exempt
obligation" within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended, ("Code"); and agrees that it and its
subordinate entities will not design~te more than $10,000,000 of their
obligations as "qualified tax-exemj~t.ol~ligations" during the current calendar
year.
Except as amended hereby, the Lease shall otherwise remain unchanged and in full force
and effect.- ¯
IN WITNESS WHEREOF. the parties have executed this Amendment as of the 10th day
of June. 2002.
LESSEE:city of PalmBeach Gardens LESSOR: Ford Motor Credit Company
Police
By: ....By:
Title:T~le:
Frank Mastrella.
Op~’ations Manager, Municipal Finance
FEB 08 20~2 15:43 FR FORD MUNICIPAL 313 390 2872 TO 915617994473 P.02/03
Page 1
SCHEDULE 6807800 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 6807800
This Equipment Sched’ule dated as of 06/10/2002, is being executed by Ford Motor Credit Company ("Lessor"), and City
of Palm Beach Gardens ("Lessee"). as a supplement to, and is hereby made a part of that certain Master Equipment
Lease-Purchase Agreement dated as of 6/10/02 ("Lease"), between Lessor and Lessee.
Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby¯ accepts and leases from Lessor
under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the
terms set forth below, and following items of Equipment:
QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.)SUPPLIER
20 2003 Ford Crown Victoria Police Sedans Duval Ford
EQUIPMENT LOCATION:City of Palm Beach Gardens
Police
10500 North Military Trail
Palm Beach Gardens, FL 33410
~. ~,~
Initial Term:48 Months Commencemen~ Date: 0611012002
Periodic Rent:¯ 1 Consecutive Annual in Advance Payments of $108,500.00 each (including interest), followed
by 3 Annual Payments of $108,279.40, due under this Lease. The Pedodic Rent Payment also
includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in
Schedule 6807800, Page 2.
EXECUTED as of the date first herein set forth.
LESSEE:C~ of Palm Beach Gardens
Poli¢~
LESSOR: Ford Motor Credit Company
By:By:
Title:Title:
Frank Mastrel~a
Operations Manager, Municipal Finance
Counterpart No. 1 of I manually executed and sedally numbered counterparts. To the extent this Schedule constitutes
chattel paper, no secudty interest herein may be perfected through the possessionof any counterpart other than
Counterpart No. I.
FEB OB 2802 15:43 FR FORD MUNICIPAL 313 390 2872 TO 91561?9944?3 P. O3,da3
LESSOR:FORD MOTOR CREDIT COMPANY
P. O. Box 1739
Dearborn. MI 48121-1739
DELIVERY AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully
instatted, and in good working condition; and Lessee hereby accepts the Equipment after full :inspection thereof as
satisfactory for all purposes of fne Master.Equ~pmer~t Lease-Purchase Agreement ("Lease") executed .by Lessee and
Lessor.
MASTER LEASE MASTER LEASE
~DATE NUMBER 6807800 NUMBER DATE ORDER NO.
DATE
06/10/2002 1
EQUIPMENT INFORMATION
i QUANTI,T~,
2O
DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.)
2003 Ford Crown Victoria Poli~. ~edans
, SUPPLIER
Duval Ford
LESSEE:City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
BY:
DATE ACCEPTED:
(Tree)
~ TOTI:~L F~. 03 WoK.
FEB 08 20132 14:18 FR FORD HUNICIPF~L 313 398 28?2 TO 91561?9944?3 P.12/13
INSURANCE FACT SHEET
We require a Certificate of’ Insurance or Declaration Page shown in the name of the Municipality listed below. If more than
one insurance company is used, indicate each and for what type coverage. Per the Master Equipment Lease-Purchase
Agreement, Lease No. 6807800, we requ}re Liability and Physical Damage on all vehicles, Liability and Property Damage
on all other Equipment and FORD MOTOR CREDIT COMPANY named as Loss Payee and Additional Insured. RETURN
TO: Ford Motor Credit Company, Municipal Finance~ PO Box 1739 - MD 1500, Dearborn, MI 4812%1739.
SCHEDULE NO: 6807800 " .PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES
A MINIMUM OF $t,000,000 PUBLIC LIABILITY COVERAGE;
OR THE STATE. MAXIMUM (IF LOWER) IS REQUIRED
MUNI:
ADDRESS:
CITY:
City of Palm Beach Gardens
10500 North Military Trail
Patm Beach Gardens, FL 33410
CONTACT:Rossalind Breland, Accts. Payable 561-799-4161 PHONE: (561) 799--4441
EQUIP DESC:(20) 2003 Ford Crown V~ctoria Police Sedans
INSURANCE COMPANY:
.y
ADDRESS:
CITY:
PHONE:
POLICY NO:
LIABILITY AMT;
PHYSICAL DAMAGE AMT:
STATE:
~ CONTACT PERSON:¯. EXPIRATION DATE:
PROPERTY DAMAGE AMT:
COMPREHENSIVE DEDUCTIBLE:
COLLISION DEDUCTIBLE:¯
ZIP:
INSURANCE COMPANY:
ADDRESS:
CITY:
PHONE:
POLICY NO:
LIABILITY AMT:
PHYSICAL DAMAGE AMT:
CONTACT PERSON:
COMPREHENSIVE DEDUCTIBLE:
COLLISION DEDUCTIBLE:
STATE:
EXPIRATION DATE:
PROPERTY DAMAGE AMT:
ZIP:
SEL ,F,-INSURED:
i-F YOU ARE SELF-INSURED FOR ANY COVERAGE, PLEASE
POOUFUND.
PROVIDE THE NAME OF YOUR ¯iNSURANCE
NAME OF INSURANCE POOUFUND:
SELF-INSURED FOR: LIABILITY: $
CONTINUOUS COVERAGE: FROM:
PROPERTY: $
T-O:
PHYSICAL:
PLEASE SIGN:
FR FORD MUN I C I PIqL 313 39~ 287~ TO 91561?9944?3
INVOICE
P.13/13
February 8, 2002
LESSEE:City of Palm Beach Gardens
REMITPAYMENT TO: ¯
Police
10500 North Military Trail
Palm Beach Gardens, FL 334!0.
FORD MOTOR CREDIT C~MPANY
MUNICIPAL FINANCE
P. O. BOX 1739 - MD 7500
DEARBORN, MI 48121-1739
PLEASE RETURN A COPY OF THIS INVOICE WiTH YOUR PAYMENT
ACCOUNT
NUMBER
6807800
FIRST
PAYMENT
DUE DATE
6/10/02
DESCRIPTION
(20) 2003 Ford Crown Victoria Police Sedans
PLEASE REMIT:
PAYMENT
AMOUNT
$108,500.00
$10B,50~.00
f
If you have any questions regarding this invoice, please call Patdcia Walker (800-
241-4199, Ext. 172).
~ TOTIqL P~qGE. 13 x, oK
FE~08 2002 li:~ FR FORD MUNICIPAL 313 390 28?2T0 91561?994473 P.02/02
02/0812002 Page 1
~l-~’i~each Garden;iFL-Lease# 6807800
Compound Period .......¯ Annual
Nominal Annual Rate .. :
CASH FLOW DATA
Event
1 Loan
2 Payment
3 Payment
4.57o %
Start Oate " i- .......A~L;nt" N~mber Period " End Dale
0611012002 412,200.00 1
06/10/2002 108,500.00 1
12/15/2002 108,279.40 3 Annual 12/15/2004
AMORTIZATION SCHEDULE - Normal Amortization
..... _D_a!e .. Paymen.t
Loan 06/10/2002
1 06/10/2002 108,500.00
2 12/15/2002 108,279.40
3 12/15/2003 108,279.40
4 12/15/2004 108,279.40
Grand Totals 433,338.20
0.00
7,148.68
9,257.42~
4,732.10"~
21,138.20
Balance
412,200.00
108,500.00 303,700.00
101,130.72 202,569.28
99,021.98 103,547.30
103,547.30 0.00
412,200.00
TOTAL PAGE. 02 ~
2002 11:19 FR FORD I"1UNICIP~qL 31~ ~390 28’72 TO 915617<:.:J9447~P.02/0~
~~m Be--~ G~rdens, FL-Lease# 680"~80~
Compound Pedod ......¯ Annual
02/08/2002 Page1
NominalAnnual Rate.." 4.570 %
CASH FLOW DATA
Event
1 Loan
2 Payment
3 Payment
06110/2002
06/10/2002
12/15/2002
Amount Number Pedod
412,200.00
108,500.00 I
108,279.40 3 Annual
End D~’-
12/15/2004
AMORTIZATION SCHEDULE - Normal Amortization
Loan 06/10/2002
1 06/10/2002 108,500.00 0.00
2 12/15/2002 108,279.40 7,148.68
3 12/15/2003 108,279.40 9,257,42
4 12/15f2004 108,279.40 4,732.10.
Grand Totals 433,338.20 21,138.20
.... Prin~l
108,500.00
101,130.72
99,021.98
103,547.30
412,200.00
Balance
412,200.00
303,700.00
202,569.28
103,547.30
0.00
>~ TOTIqL PRGE.ET2_ ~
BENT BY: DUVAL FOID BOVT BALES;FEB-B-O~ II:4~A~PAOE 1/1
Attn: Contract No
We appreciate your interest in the 2002 Florida Sheriffs As .~ociition/Flori(
of Counties Purchasing Contract. The following covers the items .we discus-~
O_.4L 2.00 2~
NO. (904)3B7-6BI6
Sincerely.
P.O. Box 76B7 ¯ 1616 Oassat Avenue - Jacksonville, FL :32238 ¯ l"B1ephone 904
01-09-0904
L Association
~.~:.
P~O .
~o
8t~..2144-
BID .AWARD
ANNOUNCEMENT
PURSUIT,
ADMINISTRATIVE NON-PURSUIT,
UTILITY, FIRE & RESCUE VEHICLES,
TRUCKS & VANS
Participating Sherift~s Ott~ces & Local Governmental
Agencies of the State of Florida
Coordinated By
The
Florida Sheriffs Association
& Florida Association of Counties
FLORIDA
ASSOCIATION
o~ CO UNTIES.If
FLORIDA
ASSOCIATION
-~ COUNTIES
FLORIDA SHERIFFS ASSOCIATION
&FLORIDA ASSOCIATION OF COUNTIES
2002 FORD CROWN VICTORIA
Specification #01
(Pursuit - RWD)
The Ford Crown Victoria purchased through this contract comes with all the standard equipment
as specified by the manufacturer for this model and FSA’s base vehicle specification(s) requirements
which are included and made a part of this contract’s vehicle base price as awarded by specification
by zone.’"~
ZONE:"k Western -k Northern 9cCentxal 9~ Southern
BASE PRICE:$19,349.00 $19,249.00 $19,349.00 $19,392,00
While the Florida Sheriffs Association and the Florida Association of Counties have attempted to
identify and include those equipment items most often requested by participating agencies for full
size vehicles, we realize equipment needs and preferences are going to vary from agency to .agency.
In an effort to incorporate flexibility Into our program, we have created specific add/delete options
which allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist
you in approximating the total cost of the type vehicle(s) you wish to order through this program.
Simply deduct the cost of any of the following equipment items you wish deleted from the base unit
cost and/or add the cost of any equipment items you wish added to the base unit cost to determine
the approximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the
appropriate dealer in your zone when preparing your order. Additional add/delete options other
than those listed here may be available through the dealers, however, those listed here must be
honored by the dealers in your zone at the stated prices.
~k = Specification Low Bid . ¯
LEGEND FOR
DELETE/ADD OPTIONS
Every line will require a DOLLAR VALUE
or one of the following abbreviations:
Std. = manufacturer’sstandardequlp.
Incl. = included with base specs.
NC = no additional charge
NA -- not applicable to the vehicle
-- = option not bid by vendor
Bid Award Announcement (01-09-0904)42
VEHICLE:
DEMoER:
ZONE:
BASE PRICE:
Crown Vic
Garber Ford
Western
$19,349.00
Order
Code Delete Options
D127
D552
58B
96D
Crown Vic Cro~vn Vic
Garber Ford Garber Ford
-k Northern "k Central
$19,249.00 $19,349.00
Western No’rthern .Central
Po~ver door locks
Rubber heavy-duty floor $
covering
ABS brake system $
AM/FM radio $
Delete front door molding $
120.00 $ 120.00
460.00 $ 46O.00
65.00 $ 65.00
18.oo $ 18.oo
Crown Vic
Duval Ford
Southern
$19,392.00
Southern
120.00
NC
NC
460.00 $ 434.00
65.00 $ 50.00
18.00 $ 20.00
Order
Code
68P
65W
642
45C
21A
187
51A
157
948
DBG
525
Add Options
Police prep package
Visibility package
Full wheel covers
AM/FM cassette radio
Limited slip differential
Heavy duty padded cloth
bucket front seats with
rear vinyl bench seat
Cloth split bench
Driver seat only - 6 way
power
Roof- reinforcement
Rear deck warning lights -
red and or blue, flashing
Accessory feed wires for
police equipment
Roof wiring with hole
Roof wiring without hole
Lights; safety alternate
flashing 4" red/blue
mounted underside of
decklid - dealer
installation acceptable
Left-hand pillar mounted
6" spotlight.with clear
halogen bulb, factory .
installed
Left-hand pillar mounted
6" spotlight with clear
halogen bulb, dealer
installed
Rear door locks & handles
inoperative
Rear windows inoperative
Safety bumper guards
Speed control/tilt wheel
Western
$ 1,780.00
$ 980:00
$3~.e0
$ 760,00
$ 95:00
$ 65.00
Northern
$ 1,780.00
$ 980.00
$ 30.00
$ 760.00
$ 95.00
$ 65.00
Central
$ 1,780.00
$ 980.00
$ 30.00
$ 760.00
$ 95.00
$ 65.000
8.90.00 $ 90.00 $ 90.00
$ 360.00 $ 360.00 8"360.00
$150.00
$210.00
$150.00
$210.00
Std.
Southern
1,795.00
995.00
3O.OO
236.00
95.00
65.00
¯$ 90.00
$ 360.00
$ 150.00 $ 70.00
$ 210.00 $ 188.00
Std.
$ 150.00 $ 150.00 $ 150.00
NA NA NA
$ 210.00 $ 210.00 $ 210.00
$ 170.00 $ 170.00
198.00
$ 170.00
$ 198.00 $ 198.00
$ 373.00
$ 150.00
$ 373.00
$ 188.00
$ 170:00
$ 270.00
$ 20.00 $ 20.00 $ 20.00 $ 20.00
20.00
215.00
215.00
$ 20.00
$ 215.oo
$ 215.00
20.00
215.oo
215.00
20.00
216.00
215.oo
Bid Award Announcement (01-09-0904)43
.y
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
¯Order
Code
DRS4
DRS2
177
53M
HLF
478
61H
DML
760A
770A
95
Crown Vic
Garber Ford
Western
$19,349.00
Add Options (cont’d)
Crown Vic
Garber Ford
Northern
$19,249.00
Crown Vic
Garber Ford
Central
$19,349.00
Western Northern Central " ¯
Street appearance group
Third key
Remote keyless entry, may
be dealer Installed
Rainshields
Ralnshields, 2 door
Silicone hoses
Auxiliary fuse block
Radio noise suppression
Headlight flashers
Courtesy light disabled
Ignition po~vered trunk
button, factory Installed
Ignition pmvered trunk
button, dealer Installed
Rechargeable mag light
Class III hitch 2" ball
Keyed alike
Anti-theft, Tremco
Locking gas cap
Natural gas engine 4.6L
Extended range CNG tanks
(requires 760A}
Two-tone paint
Federal 44" Vista Strobe/
LED/Halogen Llghtbar,
Model X114H428DC-FSA
Features: 8 primary stobes,
4 LED flashers rear facing,
2 LED flashers front facing,
center halogen traffic
clearIng light, 2 takedown
lights, alleylights, PA400SS
siren and light controller,
MS100 Speaker with bracket.
Out of 6 LED flashers, 2
may be blue. Dealer
Installed
Federal All Light Streethawk
Lightbar, Model SHL4814
with PA400SS combined
slren/PA & light controller
& dynamax speaker with
bracket. Dealer Installed
155.00
79.00
245.00
155.00 $ 155.00
79.00 $ 79.00
245.00 $ 245.00
78.00
52.o0
300.00
NA
70.00
109.00
15.00
60.00
,~
60;00
118.00
245.00
40.00
¯ 115.00
65.00
NA
NA
Crown Vic
Duval Ford
Southern
$19,392.00
Southern
885.00
78.00
347.00
78.00 $ 78.00 $ 78.00
52.00 $ 52.00 $ 45.00
300.00 $ 300.00 $ 300.00
NA NA $ 133.00
70.00 $ 70.00 $ 70.00
109.00 $ 109.00 $ 91.00
15.00 $ 15.00 $ 15.00
60.00 $ 60.00 $ 60.00
60.00 $ 60.00 $ 40.00
118.00
245.00
40.00
115.00
65.00
NA
NA
118.00
245.00
40.00
115.00
65.00 .
NA
NA
135.00
273.00
40.00
129.00
38.00
4,460.00
2,485.00
450.00 $ 450.00 $ 450.00 $ 450.00
1,796.00 $ 1,796.00 $ 1,796.00 $ 1,855.00
1,465.00 $ 1,465.00 $ 1,465.00.$ 1,488.00
Bid Award-Announcement (01-09-0904)44
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Order
Code
Crown Vic
Garber Ford
Western
$19,349.00
Crown Vic
Garber Ford
Northern
’$19,249.00
Add Options (¢ont’d)Western¯
Crown Vic
Garber Ford
Central
$19,349.00
Federal Smartvector $ 1,735.00
Lightbar, Model SVS4801
xvith SS2000SM smart
siren combined siren/PA
& light controller with
RMK and MNCT, &
dynamax speaker with
bracket. Dealer installed
Whelen 47" Ultra Edge Strobe/$2,296.00
LED/Halogen Lightbar,
Model #1112SC-FSA.
Features: 12 primary
strobes, 2 LED flashers
front facing, 2 LED flashers ’ ’
rear facing, 2 takedown
lights, alleyllghts, built-in
traffic advisor mode, blink
control unit xvith light
controls and siren ampliier/
controller, SA314 speaker
xvith bracket. Out of 4 LED
flashers, 2 may be blue.
Dealer installed
Whelen Edge Model 9806 $ 1,337.00
6-Strobe Lightbar, with
295HF100 full feature
siren/PA, PCC6R switch
control unit, & SA314
speaker with bracket.
Dealer Installed
Whelen Edge Model 9812 $ 1,735.00
12-Strobe Lightbar, with
295HFS6 combined
slren/PA & light controller
& SA314 speaker with
bracket. Dealer Installed
Code Three Strobe/Halogen $ 1,876.00
Lightbar, Model #36047A-.
01-FSA. Features: 4 upper
strobes, 3 fast rotators, 4
takedown lights, 2 front
halogen flashers, 2 rear
halogen flashers, X fire
intersection strobes, hard-
coat lenses, built-in traffic
advisor, mastercom siren
and light controller, SL100
speaker with bracket.
Dealer installe
Northern Central
Crown Vic
Duval Ford
Southern
819,392.00
¯ Southern
1,735.00 $ 1,735.00 $ 1,835.00
2,296.00 $ 2,296.00 8 2,345.00
1,337.00 $ 1,337.00 $ 1,446.00
1,735.00 $ 1,735.00 $ 1,857.00
$.1876.00 .8 .1,970.001,876.00
Bid Award Announcement (01-09-0904)45
f
VEHICLE:
DFALLER:
ZONE:
BASE PRICE:
Order
Code
DSM
Base
]~xtra
Crown Vic
Garber Ford
-k Western
$19,349.00
" Add Options (cont’d)
Code Three MX7391A1 S
Llghtbar, with 3892L6
combined stren/PA & light
controller & SL100 speaker
with bracket. Dealer
Installed
Setina #10 Series Lexan S
Cage with sliding window,
full width lower extension
panel. Dealer installed
Pro-Gard P2100 Series
Polycarbonate (Lexan) Cage
with sliding window, full
width lower extension
panel. Dealer installed
Whelen Model SPS660CCCC S
4 Corner Strobe System
~vith 4 clear tubes, 2 - 15’,
2 -30’ cables & SPS600
6 outlet power supply.
Dealer installed
Federal Model CSISFSA 4 S
Corner Strobe System with
4 clear tubes, 2 - 16’,
2 - 30’ cables and SPS6J
6 outlet power supply.
Dealer installed
Complete set of shop S
manuals .ONLY
5/75 Manufacturer’s S
Extended Base Care
Warranty (S0 deductible}
See Page 803
5/75 Manufacturer’s
Extended Extra Care
Warranty (S0 deductible}
5/75 Manufacturer’s S
Extended Power Train
Warranty (S0 deductible)
Cro~vn Vlc
Garber Ford
-k Northern
S19,249.00
Western
Crown Vlc
Garber Ford
Central
$19,349.00
Nor.them "Central
1,596.00 S 1,596.00 S 1,596.00
460.00
460.00
P
385.00
385.00
246.00
2,925.00
3,925.00
2,050.00
$ 460.00 S 460.00
S 460.00 S 460.00
$385.00 S 385.00
9 " 385.00 $ 385.00
$ 246.00 S 246.00
$ 2,925.00 $ 2,925.00
Crown Vic
Duval Ford
Southern
$19,392.00
Southern
S 1,725.00
$ 588.00
S 598.00
364.00
$ 364.00
285.00
3,495.00
$ 3,925.00 $ 3,925.00 $ 4,485.00
S 2,050.00 $.2,050.00 $2,495.00
Bid Award Announcement (01-09-0904) .....46
0
O OU. I.I=O OLI= LI=
0
::3 0
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 26, 2002
Meeting Date: April 4, 2002
Su bject/Agenda Item:
Consideration of Ordinance 12, 2002, amending the City Code to adopt the statewide Fire
Prevention Code, an appeal process, and certain local amendments (Second Reading).
Recommendation:
Approval of Ordinance 12, 2002
Reviewed by:
City Attorney
Submitted by:
City Attorney
Approved by:
Originating Dept:
Fire Rescue
Advertised:
Date:
Paper:
[ ×] 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
Ordinance 12, 2002
M E M O R A N D U M
WA-I-I-ERSON, HYLAND & KLETI’, P.A.
To:
From:
Subject:
Date:
Hon. Mayor and City Council
Leonard G. Rubin, City Attorney /~
Ordinance 12, 2002 (Fire Prevention Code)
March 11, 2001
Ron Ferris, City Manager
This is a request for approval of Ordinance 12, 2002, adopting the statewide Fire
Prevention Code. The State of Florida recently adopted a statewide Fire Prevention Code,
which incorporates by reference the Life Safety Code. The Fire Prevention Code serves as the
minimum fire safety code for the State of Florida. Local jurisdictions may adopt local
amendments to this code, so long as those amendments strengthen the Code requirements.
The State will update the Fire Prevention Code every three years, at which time local
jurisdictions must readopt any local amendments.
Ordinance 12, 2001 incorporates the statewide Fire Prevention Code, in addition to
local amendments relating to fire hydrants, sprinklers and fire inspections. It also incorporates
an appeal procedure whereby persons may propose alternatives to a particular system,
condition, arrangement, material or equipment mandated by the Code. This procedure is
requi red by statute.
Should you have any questions, please do not hesitate to contact this office. Any
questions regarding specific Fire Prevention Code requirements should be directed to Deputy
Chief Scott Fetterman.
P:\CPWin\HISTORY~020220A\446.96(319.055)121
CITY OF PALM BEACH GARDENS
ORDINANCE NO. 12, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ADOPTING THE FLORIDA FIRE PREVENTION
CODE; REPEALING ARTICLE III, "STANDARDS," OF CHAPTER 38,
"FIRE PREVENTION AND PROTECTION," OF THE CITY CODE OF
ORDINANCES IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE III,
"CITY OF PALM BEACH GARDENS FIRE CODE;" PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR TRANSMITTAL TO THE STATE FIRE
MARSHAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has adopted a statewide Fire Prevention Code,
which is informally known as the "Florida Fire Prevention Code" and incorporates by
reference the Life Safety Code, Pamphlet 101, current editions; and
WHEREAS, all local governments must follow the rules and regulations as
promulgated in the statewide Fire Prevention Code with certain exceptions; and
WHEREAS, the City Council hereby determines that the adoption of certain
amendments and/or supplements to implement the Florida Fire Prevention Code as
provided in the state statutes, is in the best interests of the public health, safety and
welfare 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.
SECTION 2: The City Council hereby repeals Article III, "Standards," of Chapter 38,
"Fire Prevention and Protection,"of the City Code of Ordinances and adopts a new Article
III, "City of Palm Beach Gardens Fire Code," to read as follows:
ARTICLE III. CITY OF PALM BEACH GARDENS FIRE CODE.
Sec. 38-86. Purpose and intent.
(a) The purpose ofthis article is to provide for the prevention of fire
and explosion through the regulation of conditions which cause fire or
explosion and panic of persons resulting therefrom.
(b) It is the intent of this article to identify, adopt and use
minimum standards specific standards in effect on a state-wide basis,
together with standards adopted by the city.
Sec. 38-87. Codes and standards adopted.
(a) In accordance with sections 633.0215 and 633.025, Florida
Statutes, the Florida Fire Prevention Code adopted by the State Fire
Marshall, as may be amended, including NFPA 1 Fire Prevention Code
(2000 edition) and NFPA Life Safety Code (2000 edition) is hereby
incorporated by reference and adopted as the fire prevention and life safety
code for the City of Palm Beach Gardens. The Florida Fire Prevention Code,
as amended by local amendments, may be hereinafter as "this Code" or the
"Fire Prevention Code." The local amendments to this Code are set forth in
sections 38-89 through 38-92 of this article.
(b) Not less than three (3) copies of the current edition of
Florida Fire Prevention Code specifically referenced above shall be on file
at the office of the Fire Rescue Department. The provisions of this Code
shall be controlling within the City of Palm Beach Gardens, save and except
those portions such as are hereinafter deleted, modified, or amended by
other sections of this article.
Sec. 38-88. Alternatives to code requirements; appeals to fire code
board of adjustment,
(a) Whenever this Code requires a particular system, condition,
arrangement, material, equipment or any other particular provision, the fire
marshal may accept alternatives provided that such alternatives shall afford
a substantially equivalent level of safety.
(b) Each application for an alternative shall be filed with the fire
marshal and shall be accompanied by such evidence, letters, statements,
results or tests or other supporting information as may be required to justify
the request. All applications shall bear the seal of the architect and/or
engineer of record for the project. The fire marshal shall keep a record of
any final decision on such applications and a signed copy thereof shall be
furnished to the applicant. The decision of the fire marshal may be appealed
to the Fire Code Board of Adjustments and Appeals.
(c) There shall be established a board to be called the Fire Code
Board of Adjustment and Appeals. The members of the Board of Zoning
Appeals shall site as the Fire Code Board of Adjustment and Appeals. The
Board may establish its own rules and regulations and a simple majority shall
constitute a quorum.
-2-
A Notice of Appeal to the Fire Code Board of Adjustment and
Appeals shall be filed within thirty (30) days after the decision
is rendered by the fire marshal. Appeals regarding local
amendments to the Florida Fire Prevention Code or the
application of this Code to existing buildings shall be pursuant
to section 633.025, Florida Statutes, as amended.
(2)The Board shall have the power to hear appeals of decisions
and interpretations of the fire marshal and to consider
alternatives to this Code.
(3)The Board shall consider and base its decisions on whether
the alternatives or interpretations being appealed provide for:
special situations arising from historic, geographic or
unusual conditions; or
bo if the alternative requirements result in a level of
protection to life, safety or property equal to or greater
than the applicable minimum fire safety standards.
(4)The decision of the Board shall be rendered at the hearing and
should include the reasons for such decision. Such decision
shall be final, but subject to such remedy as may be available
at law or in equity. All appeals must be exercised within six (6)
months of the order of the board or they shall be automatically
be deemed null and void. One six (6) month extension may
granted by the Board if a written request for same has been
submitted to the city in writing prior to the expiration of the six
(6) month period.
Sec. 38-89. Water service for fire protection; fire hydrants.
(a) There shall be fire hydrants located and in service within 500
feet of each other in all areas zoned for single-family residential usage, and
within 300 feet of each other in all areas zoned for single-family
attached/zero lot line, villas, multifamily, commercial, and industrial usage.
(b) All fire hydrants shall be located within dedicated public
private rights-of-way, which shall be paved or readily traversable by
firefighting equipment, with required minimum separation distance to be
measured by roadway travel thereon.
(c) All water mains intended and providing water for fire protection
shall have a diameter of no less than eight inches.
_3¸_
(d) There shall be no requirements for the establishment of fire
hydrants in areas zoned for agricultural usage.
Sec. 39-90. Sprinklers.
(a) A complete approved automatic sprinkler system shall
installed in all building structures with the following occupational usages as
defined in the Florida Building Code, with the following provisions governing:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Places of assembly, seating capacity of 250 or more persons,
or over one story in height.
Places of worship, seating capacity of 475 or more persons, or
over one story in height; a balcony with a capacity of 75 or
more persons shall be considered a second floor.
Office buildings, three or more stories or over 30 feet in height
or over 10,000 square feet per floor.
Educational, in accordance with the Fire Prevention Code.
Institutional, entire structure provided that certain areas of the
structure may be exempted or alternative systems may be
substituted in accordance with section 38-88 of this article.
Penal, automatic system in administrative areas and manual
system in custodial areas.
Mercantile, 7,500 square feet or more.
Residential, hotels and motels, entire structure except for one-
story structure with one exit to the outside per room
Residential, apartment (nontransient) including condominiums
which are three stories or more in height or over 30 feet in
height.
Storage, over 7,500 square feet or over 12 feet in height.
Mini storage, entire structure.
Marina, inside boat storage, entire structure.
Underground parking, entire structure.
-4-
(14)Combined occupancies, the most stringent requirements shall
apply.
(b) Any building in excess of 7,500 square feet not enumerated
above, which will be used by members of the public or by private
membership.
(c) All fire alarm systems shall have protective signaling
supervision and shall conform to all applicable codes. Supervision shall
include, but not be limited to, sprinkler flow, valve tamper, system trouble,
pull station activation, and smoke detection. The system shall be
electronically connected through an approved central station facility.
Exception: Alarm systems which are activated only by manual pull stations
need not have central station monitoring.
Sec. 38-91. Fire code inspection and special details fee schedule.
(a) Pursuant to section 38-92(a) of this article, all
improvements, buildings, structures, or alterations, requiring fire department
inspection services shall be subject to a fee which shall be paid at the time
of permit issuance in accordance with a schedule established by resolution
of the city council.
(b) Pursuant to section 38-92(b) of this article, all commercial
buildings and structures requiring an annual fire safety inspection shall be
subject to a fee which shall be paid at the time of occupational license
renewal in accordance with a schedule established by resolution of the city
council.
(c) All special events shall be subject to a fee which shall be paid
for fire department services rendered in accordance with a schedule
established by resolution of the city council.
Sec. 38-92. Approval required for construction plans, fire suppression
and detection systems.
(a) All construction plans relating to this article and all fire
suppression systems, smoke detection, floor plans (for life safety
requirements), fire alarm systems, and the like, or any alterations or
remodeling of any new or existing building where the above systems are
affected, shall be submitted to the fire marshal for approval, and if the plans
comply with the provisions of this Code, same shall be approved. If the
plans are not approved, applicant shall be advised of the reason for the
rejection. A copy of construction plans shall be delivered by the building
department to the fire marshal at least five (5) days prior to issuance of
-5-
building permit, and the fire marshal shall have three (3) days to approve
not approve as set forth above. The fire marshal shall inspect all new
structures prior to occupancy to ensure that the provisions of this Code have
been met, and the fire marshal shall submit his or her findings to the building
official.
(b) The fire marshal shall conduct a fire safety inspection of all
commercial premises operating within the city, excluding home occupations,
on at least an annual basis.
SECTION 3: 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, Florida. The sections
of this ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION 5: 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 6: All ordinances or parts of ordinances of the City of Palm Beach
Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the
extent of such conflict.
SECTION 7: This ordinance enacting amendments to the Florida Fire Prevention
Code shall be transmitted to the State Fire Marshal after adoption.
SECTION 8: This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS DAY OF ,2002.
PLACED ON SECOND READING THIS DAY OF ,2002.
PASSED AND ADOPTED THIS DAY OF ,2002.
SIGNED:
MAYOR JABLIN COUNCILPERSON CLARK
VICE MAYOR SABATELLO COUNCILPERSON RUSSO
COUNCILPERSON DELGADO
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ATTESTED BY:APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY CLERK CITY ATTORN EY
VOTE:AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILPERSON CLARK
COUNCILPERSON RUSSO
COUNCILPERSON DELGADO
P:\CPWin\HISTORY~011219A\43F.D1(319.062)lgr-doc209
-7-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: 04/04/02
Date Prepared: 03/21/02
Subject/Agenda Item: Award of Twenty (20) Marked Patrol Vehicles for the Police
Department/four (4) year lease-purchase Program
Recommendation/Motion: Staff recommends to enter an agreement with Ford
Motor Credit Company/Ford Municipal Finance Program to lease-purchase twenty
marked patrol police vehicles from Duval Ford
Reviewed by~
Caty Attom~.~
Finance/T ~
ACM~
Human Res.
Other
Department Director
Originating Dept.: Police
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ ] Notified
[ X ] Not required
Costs: $ 412,200.
Total
$108,500
Current FY
Funding Source:
[ X ] General Fund
[ ] Other
Budget Acct.#:
31-3020-539.6410
Council Action:
[ ] Approved
[ ] Approved w/conditions
[ ] Denied
[ ] Continued to:
Attachments:
1-1ease/purchase financing
proposal from Ford Motor
Credit Company
1-Florida Sheriffs
Association & Florida
Association of Counties
Contract #01-09-0904
1- vehicle specifications and
cost from Duval Ford
[ ] None
BACKGROUND: Historically, the Police Department purchased ten replacement
vehicles each year at a cost of approximately $269,000. In an effort to keep patrol fleet
vehicles less than 100,000 miles, last year we began Phase I of an assigned vehicle
program. We are proposing beginning Phase II of the vehicle assigrLment Program, a four
(4) year lease-purchase of twenty Ford Crown Victoria Marked Patrol Police Vehicles.
It is projected that the lease/assigned Vehicle maintenance cost over the life of the
vehicle will be much less than a 24-hour fleet vehicle. Lease/assigned vehicles
have 3 years or 36,000 mile warranty ... average lease vehicle should be able to
take full advantage of this warranty for 3 years. Resulting in lower maintenance
costs. (projected mileage per year is 12,000 miles.
Our past vehicle purchasing practice has been to buy 10 vehicles a year, to
support 30 (24 hour fleet vehicles) average life 3 years. Over 5 years 50 vehicles
would be purchased with either program, fleet or assigned. Capital cost over 5
years is projected to be about equal. (except for interest for financing)
Financial analysis of programs
Assigned Vehicles (8 hour)
Vehicle life 5 years
Cost per yr. on 5 yr. cycle $4141
Maintenance per year $3000
1 year total costs $7,141
Fleet Vehicles (24 hour)
Vehicle life 3 years
Cost per yr. on 3 yr. cycle $6901
Maintenance per year $6370
1 year total costs $13,271
X 50 vehicles $357,050 X 30 vehicles $398,130
Estimated Net Annual Savings $41,080
Benefits of the assigned vehicle program are:
¯Incentive when hiring new officers and retaining veteran officers,
most agencies provide assigned vehicles for officers
¯To promote the security of the citizens of Palm Beach Gardens by
greater visibility and presence of Department marked vehicles on
the streets and highways
To reduce the yearly mileage of each vehicle and increase the
vehicle’s useful life
¯Reduce the impact of first year depreciation
¯To provide quicker response times to certain types of emergency
calls and increase the opportunity to apprehend criminals
DISCUSSION: The Fleet Committee is recommending the approval to lease-purchase
twenty (20) Police marked patrol vehicles from Duval Ford for $20,610 per vehicle. The
award will piggyback the Florida Sheriffs Association & Florida Association of Counties
#01-09-0904.
The Ford Municipal lease-purchase plan will provide financing for the purchase price of
$412,200 over four years, requiring annual payment of $108,279. The annual percentage
rate is 4.57%. $269,000 has been appropriated in the 2001-2002 Fleet Management
budget for Police vehicles. Cost of police vehicles (Including five fleet vehicles) and
equipment from the account total $266,246.
At the term end, the City purchases the vehicles for $1.00.
The equipment cost per vehicle is $2,906 for ’nineteen vehicles, the twentieth vehicle will
be assigned to a Road Patrol Lieutenant which will not have a light bar, cage, or shotgun
rack. (Cost of equipment is light bar $1925,shotgun rack $204, Cage $380, push bumper
$195, graphics $150, tag and title $52)
Mobile police radios will be funded by the impact fund. Laptop computer desk and
Bracket will be funded from the Block Grant. The equipment funding will be addressed
in a future Council agenda item at the appropriate time closer to the delivery date.
Police Department staff has worked in conjunction with the Fleet Committee, Public
Works and Finance Director who concur with the recommendation.
RECOMMENDATION: Staff recommends the lease-purchase of twenty Ford Crown
Victoria Marked Police Patrol Vehicles from Duval Ford for $412,200. Additionally
recommends the approval of Ford Municipal lease-purchase finance plan requiring four
annual payments of $108,500.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 24, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING A MASTER EQUIPMENT LEASE-
PURCHASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR
TWENTY (20) POLICE PATROL VEHICLES AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS
NECESSARY TO EFFECTUATE SUCH LEASE-PURCHASE
AGREEMENT;PROVIDING FOR CONFLICTS;PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Police Department has recommended entering into a Master
Equipment Lease-Purchase Agreement with Ford Motor Credit Company to finance twenty
(20) patrol vehicles at a price established by the Florida Sheriff’s Association Contract (No.
01-09-0904); and
WHEREAS, the City Council determines that execution of the Master Equipment
Lease-Purchase Agreement, and all related documents, is in the best interests of the
residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1 : The foregoing "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 Master Equipment Lease-Purchase Agreement with Ford Motor Credit Company, in
substantially the form attached hereto as Exhibit "A" and incorporated herein, and
authorizes the Mayor and City Clerk to execute the Lease-Purchase Agreement and all
documents necessary to effectuate the financing of twenty (20) patrol vehicles pursuant
to said Agreement.
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
CITY CLERK
I HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE:AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILPERSON CLARK
COUNCILPERSON RUSSO
COUNCILPERSON DELGADO
-2-
FEB 88 20~2 14:12 FR FORD MUNICIPAL 313 398 2872 TO 915619994473 P.82/13
FORD MOTOR CREDIT COMPANY
MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No, 6807800
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Lessor: Ford Motor Cmcr~t Company
P. O. Box 1739
Dearborn, MI 48121-1739
Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the equipment, inCluding all modifications, alCerat~or~s~
additions, or improvements thereto (the "Equlpment~). described in the Schedules (the "Schedules’) hereto executed from time to
Lessor and Lessee, in accordance with the following terms and conditions of thisMaster Equipment Lease-Purchase Agreement (~Mast~,~
Agreement") and the applicable Schedule.
As provided in Section 17 hereof, Lessor may assign its dghts and interests under and related to any one or more Schedules. It" none
Lessor’s interest in, to and under any Schedule has been assigned pursuant to Section 17 hereof, or if all of Lessors interest in, to and und~
this Master Agreement and all Schedules have been assigned to the same assignee without any reassignment, the term "Lease" is us,~
herein to mean this Master Agreement, including all Schedules. If Lessors interest in, to and under any Schedule or Schedules has beet-
assigned or reassigned pursuant to Section 17 hereof, the term "Lease" is used herein to mean all Schedules that have the same Lessor an~
this Master Agreement as it relates to those Schedules and the Equipment listed therein, and each Lease shall constitute a separate sing,’e
lease relating to that Equipment.
1. TERM AND TERMINATION. (a) Lease Term. The lease term (the "Lease Term") for the Equipment listed in each Schedule
commence on the date that Equipment is accepted pursuant to Section 3 and, unless earlier terminated as expressly provided for
Paragraphs 6, 19 or 20 of this Master Agreement, will continue until the expiration date (the "Expiration Date~) set forth in the applicab~
Schedule. The termination or expiration of the lease of any item of Equipment shall apply solely to that item of Equipment and w~lt not resu~.
in the termination of this Master Agreement or the lease of any other item of Equipment, and the rights and obligations of Lessor and Lessee
under this Master Agreement shall continue in full force and effect with respect to the remaining Equipment subject to this Master AgreemenL
(b) Term of Master A,qreement, The term of this Master Agreement sha~l commence on the date it is executed by Lessor and Lessee.
and will continue until terminated by either Lessor or Lessee upon at least thidy days prior written notice of the effective date of such
termination (the ’~lermination Date’); provided, however, that the terms and conditions of this Master Agreement shall continue in full force
and effect and the obligations of Lessee hereunder and any Schedule(s) with respect to Equipment leased prior to the Termination Date shal!
remain in full force and effect until all such obligations have been fulfilled.
2. LEASE PAYMENTS. For the lease of the Equipment listed in each Schedule, L¢ss¢¢ shall pay to Lessor the.lease payments and.
other charges (the "Lease Payments’) set forth in the applicable Schedule and this Master Agreement. As set fodh in the applicable
Schedule, each Lease Payment includes a principal portion and an interest portion. The Lease Payments wilt be payable without notice
demand at the office of Lessor (or such other place as Lessor or its assignee may from time to time designate in writing) on the first Lease
Payment Date and thereafter as set forth in the applicable Schedule. If any Lease Payment is received later than ten (10) days after the due
date, Lessee will pay a late payment charge equal to 1-8% of the amount of the Lease Payment or the maximum amount permitted by law,
wh’mhever is less. Except as specifically provided in Section 6 hereof, the obligation of Lessee to make the Lease Payments hereunder and
perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense.
counterclaim, or recoupment for any mason whatsoever including, wP~hOUt limitation, any failure of the Equipment to be delivered or installed,
any defects, malfunctions, breakdowns or infirm~es in the Equipment or any accident, condemner/on or unforeseen circumstances. Lessee
reasonably believes that sufficient funds can be obtainecl to make all Lease Payments dudng the applicable Lease Term and hereby
covenants that the official of Lessee responsible for budget preparation will do all things lawfully within his or her power to obtain, maintain,
and propedy request and pursue funds from which the Lease Payments may be made, including making provisions for Lease Payments to the
extent necessary in each budget submitted for the purpose of obtaining funding, using his or her best efforts to have such po~on of the
budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is
Lessee’s intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents
that the use of the Equiprncnt is essential to its proper, efficient and economic operation. The foregoing provisions shal! not be construed to
require Lessee’s governing body or other governmental body charged with budgeted or appropriating funds for Lessee to budget or
appropriate funds to make Lease Payments. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments
hereunder and each Schedule hereto shall constitute a currant expense of Lessee and shall not in any way be construed to be a debt
Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by ¯
Lessee. nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee.
3. DELIVERY AND ACCEPTANCE. Lessee will cause the Equipment to be delivered to Lessee at the |ocat~on speci~ed in the
applicable Schedule ("Equipment Location"). Lessee will pay all transportation and other costs, if any, incurred in connection with the delivery
and installation of the Equipment. Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will
evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (in the form provtOe~
by Lessor) within three days of dellve~ of the Equipment.
4. WARRANT/ES. (a) Assignment of Warranties. So long as no Event of Default has occurred and is continuing, Lessor assigns to
Lessee dudn9 the Lease Term of the Equipment all manufacturer’s wan’anties, if any. expressed or implied with respect to the Equipment,
and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee’s expense. Lessee
will resolve any claims under such warranties directly with the appropriate manufacturer or vendor. Lessee’s sole reme0y for the breach of
any warranty shall be against the party providing the warranty, and not against Lessor. Lessee expressly a~ges that Lessor makes,
and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the manufacturer or
vendor of the Equipment.
FEB 08 21~1~2 14:13 FR FORD MUNICIPAL 313 390 28?2 TO
(b) .DISCLAIMER OF WARRANTIES. LESSEE ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS OF A SIZE. DESIGN AND
CAPACITY SELECTED BY LESSEE, THAT LESSOR IS NEITHER A MANUFACTURER NOR A VENDOR OF THE EQUIPMENT AND THAT
LESSOR LEASES AND LESSEE TAKES THE EQUIPMENT AND EACH PART THEREOF "AS-1S" AND THAT LESSOR HAS NOT MADE,
AND DOES NOT MAKE, ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE
MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE
EQUIPMENT tN ANY RESPECT VVHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE. OR AS
TO THE ABSENCE OF LA’I~NT OR OTHER DEFECTG, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY
INFRINGEMENT OF ANY PATENT. TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT
OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH
RESPECT THERETO, IT BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND LESSOR SHALL
NOT BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY
OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND
¯ THE MAINTENANCE THEREOF. ¯
5. RETURN OF EQUIPMENT. Unless Lessee Shall have exercisedits purchase option as provided in Section 20 hereof, upon the
expiration or eadier termination of the Lease Term of the Equipment pursuant to the terms hereof, Lessee shall, at Its sole expense but at
Lessor’s option, return the Ecluipment to Lessor packed for shipment in accordance with manufacturers specifications and freight prepaid and
insured to any location within 200 mites of the Lessee.
6. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Master Agreement or any Schedule to the contrary,
in the event no funds or insufficient funds are appropriated and budgeted and sufficient funds are otherwise unavailable by any means
whatsoever in any fiscal pedod for all Lease Payments under a Lease, Lessee will immediately notify Lessor in writing of such occurrence and
the Lease Term for the Equipment under that Lease shall terminate on the last day of the fiscal pedod for which sufficient appropriations have
been received or made without penalty or expense to Lessee, except as to Lessee’s obligations and liabilities under this Master Agreement
relating to, or accruing or arising prior to, such termination. In the event of such termination, Lessee agrees to peaceably surrender
possession of the Equipment under that Lease to Lessor on the date of such termination in the manner set fodh in Section 5 hereof end
Lessor will have all legal and ecluitable rights and remedies to take possession of the Equipment. If the Lease Term for any Equipment is
terminated in accordance with this Section, Lessee agrees, to the extent permitted by law, that Lessee will not expend funds for the purchase
or use of equipment performing functions similar to those performed by the Equipment which has been terminated for a period of 90 days
following the termination of the Lease Term: provided this restriction shall not be applicable in the event that the Equipment is sold, released
or otherwise disposed of by Lessor and the amount received from such disposition, less ell costs of such sale or disposition, is sufficient to
pay all then applicable Concluding Payments (as defined in the Schedules) or to the extent that the application of these restrictions is unlawful
and would affect the validity of a Lease or this Master Agreement. This Section shall remain in full force and effect notwithstanding the
termination of this Master Agreement or any Lease Term.
7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee represents, covenants and warrants as of the date hereof and
at all times dudng .the Master Agreement Term that: (a) Lessee is a State or a fully constituted political subdivision of a State, and has
substantial amount of one or more of the following SOVereign powers: (1) power to tax, (2) power of eminent domain, or.(3) police.power,
will do or cause to be done all things necessary to preserve and keep in full force and effect its existence and this Master Agreement; (b) the
execution, delivery and ~erformance by the Lessee of this Master Agreement and all documents executed in connection herewith, including,
without limitation, all Schedules hereto and the Delivery and Acceptance Ce~ficates referred to in Section 3 hereof (this Master Agreement
together with all such documents shall be collectively referred to herein as the "Lease Documents") have been duly authorized by all
necessary action on the part of the Lessee; (c) the Lease Documents each c~nstitute a legal, valid and binding obligation of the Lessee
enforceable in accordance with thelt respective terms: (d) all required public bidding procedures regarding the award of the Master Agreement
and the purchase of the Equipment have been followed by Lessee. and no governmental orders, permissions, consents, approvals or
authorizations are required to be obtained and no registrations or declarations are required to b¢ filed in connection with the execution and
delivery of the Lease Documents; (e) Lessee has sufficient appropriations or other funds available to pay all Lease Payments and other
amounts due hereunder for the current fiscal period; (t) the use of the Equipment by Lessee is essential to and will be limited to the
performance by Lessee of one or more governmental functions of Lessee consistent with the permissible scope of Lessee’s authority; and (g)
no port, on of the Equipment will be used directly or indirectly in any trade or business carded on by any person other than Lessee. At the
request of Lessor, Lessee shall deliver to Lessor an opinion of Lessee’s counsel in form and substance as set fodh in the form of opinion of
counsel attached hereto or otherwise acceptable to Lessor, dated the date of acceptance of the Equipment pursuant to Se~on 3 hereof. In
the event that a question arises as to Lessee’s qualification as ¯ political subdivision, Lessee agrees to cooperate with Lessor tO make
application to the Internal Revenue Service for a letter ruling with respect to the issue.
8. TITLE TO EQUIPMENT; SECURI’W INTEREST. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment
will vest in Lessee subjectto Lessor’s rights under this Master Agreement: provided, however, that titlewill immediately vest in Lessor without
any action by Lessee and Lessee shall immediately surrender possession of the Equipment to Lessor in accordance with Section 5 hereof, if
Lessee terminates the Lease Term of the Equipment pursuant to Section 6, or upon the occurrence of an Event of Default. or if Lessee does
not exercise the purchase option pdor to the Expiration Date. In order to secure all of its obligations hereunder, Lessee hereby (a) grants
Lessor a first and prior secudty interest in any and all right, title and interest of Lessee in the Equipment including but not limited to computer
programs and computer documentation, if any, relating to the Equipment and in all additions, attachments, accessions, and substitutions
thereto, and on any proceeds therefrom. (b) agrees that this Master Agreement may be filed as a financing statement evidencing such
security interest, (c) agrees to execute and deliver all financing statements, cett;ficates of title and other insuuments in form satisfactory
Lessor necessary or appropriate to evidence sucl~ security interest, and (d) authorizes Lessor acting on behalf of Lessee to execute ar~ file
any financing statements and to take any other action required to perfect Lessor’s security interest in the Equipment.
9o USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equip-
ment. Lessee shall comply with all taws, ordinances, insurance policies and regulations relating to the possession, use, operation or
maintenanc’¢ of the Equipment. Lessee, at its expense, will keep the Equipment in good working order and repair end furnish all parts,
mechanisms and devices required therefor.
10. ALTERATIONS. Lessee will not make any modifications, alterations, additions or improvements to the Equipment without Lessor’s
prior written consent unless such a|terations, additions or improvements may be readily removed without damage to the Equipment.
FEB 08 2002 14:14 FR FORD MUNICIPAL 313 390 28?2 TO 91561T9944?3 P.04/13
11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock, its permanent
base will not be changed from the Equipment Location without Lessor’s prior written consent which will not be unreasonably wlthhetd. Lessor
will be ent~Jed to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its
use and operation.
12. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created
under this Master Agreement. Lessee shall pay, when due, to the extent required by law. all charges and taxes (local, state and federal)
which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding
however, all taxes on or measured by Lessor’s income. If Lessee fails to pay said charges, or taxes when due. Lessor may, but need not, pay
said charges or taxes and, in such event, Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rate permitted by
law from the date of such payment by Lessor to the date of reimbursement by Lessee..
13. RISK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk of loss of or damage to the Equipment from any cause
whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of
the obligation to make Lease Payments or to perform any other obligation under this Master Agreement. In the event of damage to any item
of Equipment, Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such
repair. If Lessor determines that any item of Equipment is lost, stoten, destroyed or dama9ed beyond repair, within 30 days of such
determination, Lessee, at the option of Lessor, will either (a) replace the same with like equipment in good repair, or (b) pay Lessor an amount
equal to (1) the Concluding Payment for the immediately preceding Lease Payment Date as set forth in the applicable Schedule, (2)
accrued interest portion of the next Lease Payment through the date such amount is paid. and (3) all other amounts then due under this
Master Agreement with respect to such Equipment. In the event that Lessee is obligated to make such payment pursuant to subparagraph
(b) above with respect to less than all of the Equipment, Lessor will provide Lessee with the pro tats amount of the Concluding Payment to
made by Lessee with respect to the Equipment which has suffered the event of loss.
14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or attached to
real estate Of any building thereon. If requested by Lessor, Lessee wig, at Lcssee’s expense, furnish a waiver of any interest ~n the
Equipment from any party having an interest in any such real estate or building,
15. INSURANCE. Lessee, will, at its expense, maintain at all times during the Lease Term, fire and extended covePage, public liability
and property damage insurance with respect to the Equipment in such amounts, covering SuCh risks, and with such insurers satisfactory to
Lessor, or may self-insure against any or all such dsks under a serf-insurance program satisfactory to Lessor. In no event will the insurance
limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment. Each insurance policy will name
Lessee as an insured end Lessor as an additional insured, and will contain a clause requiting the insurer to give Lessor at least thirty (30)
days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies or serf-
insurance will be payable to Lessee and Lessor as their interests may appear. Upon acceptance of t~e Equipment and upon each insurance
renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-
insure, Lessee will furnish Lessor with e letter or cedificate to such effect. In the event of any loss, damage, injury or accident ~nvelving the
Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation
relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof.
t6. INDEMNIFICATION. Since Lessors sole responsibility in conneCt/on with this lransaction is to provide an amount equal to the
principal portion of the Lease Payments to pay costs of the acquisition and lease of the Equipment. the parties intend that Lessor incur no
liability, cost or expense with respect to Lessee’s possession, use or operation of the ECluipment- Accordingly, Lessee agrees, to the extent
permitted by law, to indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages
or liabilities, including attorney’s fees and court costs, arising in connection with the Equipment. including, but not limited to, its selection,
purchase, deliven], installation, possession, use, operation, rejection, or return an(/the recovery of cJaims under insurance policies thereon.
The indemnification provided under this Section shall survive the full payment of all obligations unOer this Master Agreement or the
termination of the Lease Term for any reason.
17. ASSIGNMENT. Without Lessor’s prior written consent, Lessee will not either (a) assign, transfer, ptedge, hypothecate, grant any
security interest in or otherwise dispose of this Master Agreement or the Equipment or any interest in this Master Agreement or. the Equipment
o~ (b) sub~et or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee’s employees. Lessor may assign Its rights.
title and interest in and to this Master Agreement, the Equipment and any documents executed with respect to this Master Agreement and/or
grant or assign a security interest in this Master Agreement and the Equipment, in whole ot in part (including without limitations the dghts and
interests of Lessor under end related to any Schedule and the Equipment thereunder), and Lessee’s rights will be subordinated thereto. Any
such assignees shall have all of the rights of Lessor under this Master Agreement with respect to the rights and interest assigned. Subject to
the focegoing, this Master Agreement inures to the benefit of and is binding upon the successors and assigns of the parties hereto. Lessee
covenants and agnees not to assert against the assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupmant or
the like which Lessee may have against Lessor. Upon assignment of Lessor’s interests herein, Lessor will cause wdtten notice of such
assignment to be sent to Lessee which will be sufficient if it discloses the name of the assignee and address to which further payments
hereunder should be made. No further action will be re¢luired by Lessor or by Lessee to ~vidence the assignment, but Lessee will
aCknOWledge such assignments in w~iting if so requested. Lessee shall retain all notices of assignment and maintain a book-entry record (as
referred to in Section 21) which identifies each owner of Lessor’s interest in the Master Agreement. Upon Lessee’s receipt of written notice of
Lessor’s assignment of all or any part of its interest in the Master Agreement, the term "Lessor." when used herein with respect to any rights
assigned, shall mean the assignee to whom those rights are assigned and Lessee agrees to at~orn to and recognize any such assignee as
I;he owner of Lessors interest in this Master Agreement, and Lessee shall thereafter make such payments, including without limitation such
Lease Payments, as are indicated in the notice of assignment, to such assignee.
18. EVENT OF DEFAULT. The term "Event of De~ult," as used herein, means the occurrence of any one or more of the following
events: (a) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of this Master
Agreement. and any such failure continues for ten (10) days after the due date thereof;, (b) Lessee fags to perform or observe any other cove-
nant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within thirty (30) days after written
notice thereof by Lessor; (c) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Master
FEB 08 2882 14:15 FR FORD MUNICIPAL 313 398 28?2 TO 91561?9944?3 P.85/13
,.~
Agreement or in any writing ever delivered by Lessee pursuant hereto or in connection herewith was false, misleading, or e~oneous in any
material respect; (d) Lessee becomes insolvent, or is unable to pay its debts as they become due, or makes an assignment for the benefit
creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or a petition
for relief is filed by Lessee under any bankruptcy, insolvency, reorganization or similar laws, or a petition in, or a proceeding under, any
bankruptcy, insolvency, reorganization or similar laws is filed or instituted against Lessee and is not dismissed or fully stayed within thirty (30)
days after the filing or institution thereof; (e) Lessee fails to make any payment when due or fails to perform or observe any covenant,
condition, or agreement to be performed by it under any other agreement or obligation with Lessor or an affiliate of Lessor and any applicable
grace period or. notiCe with respect thereto shall have elapsed or been given; or (t~ an attachment, levy or execution is threatened or levied
upon or against the Equipment.
19. REMEDIES. Upon the occu~ence of an Event of Default under any Lease. and as long as such Event of Default under any Lease is
continuing, Lessor may, at its option, exercise any one or more of.the following remedies: (a) by written notice to Lessee, declare an amount
equal to all amounts then due under that Lease, and art remainln9 Lease Payments due under that Lease dudng the fiscal year of Lessee in
which the default occurs robe immediately due and payable, whereupon.the same shall become immediately due and payable; (b) by written
notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee’s expense, promptly return the Equipment under that Lease
Lessor in the manner set forth in Section 5 hereof, or Lessor. at its option, may enter upon the premises where the Equipment under that
Lease is located and take immediate possession of and remove the same; (c) sell or lease the Equipment under that Lease or sublease it for
the account of Lessee, holding Lessee liable for all Lease Payments and other payments due to the effective date of such selling, leasing or
subleasing and for the difference between the amounts otherwise payable by Lessee under that Lease and the purchase price, rental and
other amounts paid by the purchaser, lessee or sublassee pursuant to such sale, lease or sublease; and (d) exercise any other right, remedy
or p~ivilege which may be available to it under applicable laws of the state where the E(luipment is then located or any other applicable law or
proceed by appropriate court action to enforce the terms of that Lease or to recover damages for the breach of that Lease or to rest/rid that
Lease as to any or at[ of the Equipment under that Lease. In addition, Lessee will remain liable for all covenants and indemnities under this
¯ Master Agreement and, to the extent permitted by law, for all legal fees and other costs and expenses, including court costs, incurred by
Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor.
20. PURCHASE OPTION. Upon at least thirty (30) days prior written notice from Lessee to Lessor. and provided that no Event
Default has occun~ed and is continuing, Lessee wig have the right to purchase the Equipment under any Schedule at a purChase price equal
to the sum of (a) the Concluding Payment for the immediately preceding Lease Payment date as set forth in the applicable Schedule, (b) the
accrued interest portion of the next Lease Payment through the date the purchase price is paid, and (c) any other amounts then due under
this Master Agreement. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest
in the Equipment to Lessee as is, without warranty, express or implied, except Lessor wifl warrant that the Equipment is free and clear of any
liens created by Lessor.
21. TAX COVENANTS; INDEMNITY. (a) Tax Assumptions and_Covenants. The parties assume that, and Lessor is entering into this
Master Lease with the expectation that, Lessor can exclude from Federal gross income the interest portion of each Lease Payment set forth in
the Schedule under the Column captioned "Interest Portion." Lessee covenants that it will (a) execute the appropriate Form 8038 for each
Schedule prepared on behaff of Lessee by.LesSor, who will register this Master Agreement and transfers thereof in accordance with se~on
149(a) of the Internal Revenue Code of 1986, as amended (the "Code’), and the regulations thereunder. (b) not permltthe property financed
by this Master Agreement to be directly or indirectly used for a private business use within the meaning of section 141 of the Code, (c) not
take any action which results, directly or indirectly, in the interest portion of any Lease Payment not being excludable from Federal gross
income pursuant to section 103 of the Code and will take any reasonable action necessary to prevent such result, and (d) not take any action
which results in this Master Agreement becoming, and will take any reasonable action to prevent this Master Agreement from becoming an
arbitrage obligation within the meaning of section. 148 of the Code or federally guaranteed within the meaning of section 149 of the Code.
(b) TaX Indemnity. In the event that Lessor either (a) receives notice from the Internal Revenue Service, or (b) reasonably determines,
based on an opinion of independent tax counsel selected by Lessor and not reasonably objected to by Lessee within ten (10) days after
notice from Lessor of the selection, that the interest portion of any of the Lease Payments set forth in the Schedules is includable in Lessor’s
gross income for Federal income tax purposes, then Lessee will pay Lessor within 30 days after receiving notice f~om Lessor of such ~
determination, the amount which, with respect to such Lease Payments previously paid, w’fll restore the after-tax yield (alter taking into
account all taxes, interest and penalties) on the transactions evidenced by this Master Agreement to that which would have been had such
interest portion not been includable in Lessors gross income for Federal income tax purposes, and pay as an additional Lease Payment on
succeeding Lease Payment due dates such amount as will maintain such alter-tax yield. Notwithstanding the earlier termination or expiration
of this Master Agreement or Lease Term of the Equipment, the obligations provided for in this Section 21 shall survive such earlier termination
or expiration.
. 22. MISCELLANEOUS. (a) Notices. All notices to be given under this Master Agreement shall be made in writing and mailed by
certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing
from time to time. Any such notice shall be deemed to have been recehred five days subsequent !o mailing.
(b) ~;ection Headings, All section headings contained herein are for the convenience of reference only and are not intended to define or
limit the scope of any provision of this Master Agreement.
(c) Gove,rnino L~W. This Master Agreement shall be construed in accordance with, and governed by, the laws of the state of the
Equipment Location.
(d) Delivery of Related, Documents. Lessee will execute or provide, as requested by Lessor, SuCh other documents and information as
are reasonably necessary with respect to the transaction contemplated by this Master Agreement.
(e) Entire A,qrecment. The Lease Documents constitute the entire agreement between the parties w~th respect to the lease of the
Equipment, and this Master Agreement shall not be modified, amended, altered, or changed except with the written consent of Lessee and
Lessor. Any provision of this Master Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without
invalidating the remainder of this Master Agreement. The waiver by Lessor of any breach by Lessee of any term, covenant or condition
hereof~ shall not operate as a waiver of any subsequent breach thereof.
FEB 08 7_~02 14:16 FR FORD MUNICIPAL 313 390 2872 TO 915G17994473 P.OG/13
.~
(f~ Interest Rate Limitations. It is the intention of the padies hereto to comply ~ any applicable usury and other interest ra~e limitation
laws; accordingly, notwithstanding any provisions to the contrary in this Master Agreement, in no event shall this Master Agreement require
the payment or permit the collection of interest or any amount in: the nature of interest or fees in excess of the maximum permitled by
applicable law.
(g) Counterparts. This Master Agreement or any Schedule may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument and either of the parties hereto may execute this Master
Agreement or ~ny Schedule by signing any counterpart, except that to ~e extent that this Master Agreement of any Schedule constitutes
chattel paper, no security interest therein may be perfected through possession excopt by possession of Counterpart No. 1 of a Schedule with
respect to that Schedule and the Master Agreement as it relates to that Schedule.
IN WITNESS WHEREOF, the partieshaveexecuted this Master Agreement aS of 6110/02.. .
By:
T’~e:
City of Palm Beach Gardens Less~.
By:
Title:
Ford Motor Credit Company
Frank Mast~ella
Operations Manager, Municipal Finance
FEB 08 E~02 I~: IG FR FORD MUNICIPAL 313 398 ~81~2 TO 91SGIS~:~94473
OP~ffiON OP ~OUNSEL
With respect to that ce~ain Master Equipment Lease-Purchase Agreement 6807800 dated ~10/0~ by and between Ford Motor Credit
Company (Lessor) and City of Palm Beach Gardens (Lessee) as Supplemented by Schedule 6807800 thereto (the "Master Agreement’S, I am
of the opinion that:
(1) Lessee is a political subdivision of the State, and has a substantial amount of one or more of the following sovereign powers:
the power to tax, (b) the power of eminent domain, and (c) police power,
(2) Lessee has the requisite power and authority to purchase the Equipment (as defined in the Master Agreement) and to execute
and deliver the Master Agreement and to perform its obligations under the M~ster Agreement;
(3) the execution, deliver~ and performance by Lessee of ~e MasterAgreement have been duly authorized by all. necessary aclJon
on the pan of Lessee:. .
(4) the Uniform Commercial Code of the state where the Equipment is located and/or the certificate of title laws of such state
govern the method of perfecting Lessor’s security interest In the Equipment;
(5) the Master Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligatbn
Leases enforceable in accordance w~th its terms;
(6) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee. at law or
equ~, or before or by any governmental or administrative agency or instrumentality which, if adversely determined, would have a materisJ
a~verse effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform its obligations under tile Maste-~
Agreement and Lessee is not in default under any matedal obligation for the payment of borrowed money, for the deferred purchase p~ce o~
property or for the payment of any rent under any lease a~eement which either Individually or in the aggregate would have the same such,
effect; and
(7) all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment have
been followed by Lessee and no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no
registrations or declarations are required to be filed in connection with the execution and delivery of the Master Agreement.
Attorney for Lessee
Len Rubin
FEB 08 2002 14:17 FR FORD HUNICIPAL 313 390 2872 TO 9156179944?3 P.08/13
ADDENDUM TO MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 6807800
Florida
THIS ADDENDUM, which is entered into as of 6/10/02 between Ford Motor Credit Company ("Lessor") and City of Palm Beach Gardens
(’Lessee’), is intended to mod~ and supplement the Master Equipment Lease-Purchase Agreement between Lessor end Lessee of even date
herewith (the ’Master Agreement’). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Master Agreement.
¯ 1.Section 8. "1111_!= TO EQU!PMEWt’; SECURITY INTEREST. Section 8 is re-t~ed TITLE TO EQUIPMENT and is amended in
its entirety to state as follows:
Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee subject to Lessot’s rights uncler this
Master Agreement; provided, however, that title will immediately vest in Lessor without any action by Lessee and Lessee shall immediately
surrender possession of the Equipment to Lessor in accordance with Section 5 hereof, if Lessee terminates the Lease Term of the Equipment
pursuant to Section 6, or upon the occurrence of an Event of Default, or if Lessee does not exerd~e the purchase option prior to the Expiration
Date.
2,Section 15. INSURANCE. Section 15 is amended in its entirety to state as follows:
Lessee. will, at it expense, maintain at all times dudng the Lea~c Term, tire and extended coverage, public liability and property damage
insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers s.MJsfactory to Lessor, or may self-insure
against any or ell such dsks under a self-insurance program satisfactory to Lessor. In no event will the insurance limits be less than the amount of
the then applicable Concluding Payment with respect to such Equipment or, in the case of public liability and property damage insurance, in the
amounts of $100,000/$300,000 bodily injury liability and $50,000 property damage insurance suffident to meet the requirements of section
324.021(9)(b) of the Florida Statutes (or any successor statute). Each insurance policy wit~ name L¢ssce as an insured and Lessor
add~onal insured, end will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior wdtten notice of any alteration in the
terms of such policy or the cancellation thereof. The proceeds of any such policies or self-insurance will be payable to Lessee and Lessor as their
interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate
evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to
such effect. In the event of any loss. damage, injury or accident involving the Equipment, Lessee w~l promptly provide Lessor with written notice
thereof and make available to Lesser all information and documentation relating thereto and shall permit Lessor to participate and cooperate with
Lessee in making any claim for insurance in respect thereof.
Section 16. INDEMNIFICATION. Section 16 is re-titled LESSEE’S NEGUGENCE and is amended in its entirety to state as
follows:
Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to any Equipment and for injury or
death of any person or damage to any property, whether such injury or death be with respect to agents or employees of Lessee or to third parties,
and whether such property damage be to Lessee’s property or the property of others, which ~s proximately caused by the negligent conduct of
Lessee, its officers, employees or agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations,
~osses, damages, penates, claims, actions, costs and expenses (including reasonable attorney’s fees) of whatsoever kind and nature, imposed
on, incurred by or asserted against Lessor that in any way relate to or adse out of a claim, suit or proceeding based in whole or in pa~t upon the
negligent conduct of Lessee, its officers, employees or agents, to the maximum extent permitted by
As modified hereby, this Master Agreement is and shall remain in full force and effect and, except as modified hereby, the rights and
obligations of the parties thereunder are not modified or affected in any way.
IN WITNESS WHEREOF, the parlies hereto have caused this Addendum to be executed in their names by their duty authorized
representatNes as of the date l~rst above written.
Lessee:City of Palm Beach Gardens Lessor.
By;.By:
T~Je:Title:
Ford Motor Credit Company
Frank Mastrella
OperalJons Manager, Municipal Finance
FEB l~B 2i~}2 14:1? FR FORD MUHICIPAL 313 39(~ 28~2 TO 9156179944?3 .~,
SCHEDULE 6807800 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 6807800
AMENDMENT
That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor
Credit Company ("Lessor") and City of Palm Beach Gardens ("Lessee"), dated as of 6/10/02
(the "Lease") is hereby amended as follows:
Lessee has not issued, and reasonably anticipates that it and its
subordinate entities will not issue, tax-exempt obligations (including this
Lease) in the amount of more than $10,000,000 during the current
calendar year; hereby designates this Lease as a "qualified tax-exempt
obligation" within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended, ("Code"); and agrees that it and its
subordinate entities will not designate more than $10,000,000 of their
obligations as "qualified tax-exempt obligations" during the current calendar
year.
Except as amended hereby, the Lease shall otherwise remain unchanged and in full force
and effect.
IN WITNESS WHEREOF. the parties have executed this Amendment as of the 10th day
of June, 2002.
LESSEE:City of Palm Beach Gardens LESSOR:
Police
Ford Motor Credit Company
By:,__By:
Title:Trtle:
F~ank Mastrella
Operations Manager, Municipal Finance
FEB 08 2002 15:43 FR FORD MUNICIPAL 313 390 2872 TO 91561?994473 P.02/03
Page 1
SCHEDULE 6807800 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 6807800
This Equipment Schedule dated as of 06110/2002, is being executed by Ford Motor Credit Company ("Lessor"), and City
of Palm Beach Gar0ens ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment
Lease-Purchase Agreement dated as of 6/10102 (%ease"), between Lessor and Lessee.
¯ Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor
under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the
terms set forth below, and fOllowing items of Equipment:
QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.)SUPPLIER
I I
20 2003 Ford Crown Victoria Police Sedans
EQUIPMENT LOCATION:City of Palm Beach Gardens
Police
10500 Nod~ Military Trail
Palm Beach Gardens, FL 33410
Duval FOrd
Initial Term:
Pedodic Rent:
48 Months Commencement Date: 06/10/2002
1 Consecutive Annual in Advance Payments of $108,500.00 each (including interest), followed
by 3 Annual Payments of $108,279.40, due under this Lease. The Pedodic Rent Payment also
includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in
Schedule 6807800, Page 2.
EXECUTED as of the date first herein set forth.
LESSEE:City of Palm Beach Gardens
Police
LESSOR; Ford Motor Credit Company
By:By:
Title:Title:
Frank Mastrelta
Operations Manager, Municipal Finance
Counterpart No. 1 of 1 manualty executed and sedally numbered counterparts. To the extent this Schedule¯ constitutes
chattel paper, no security interest herein may be perfected througl~ the possession of any counterpart other than
Counterpart No. 1.
FEB 08 20~2 15:~3 FR FORD MUNICIF~qL 313 3~ 28?2 TO 91561?9944?3 P.~3/03
LESSOR:FORD MOTOR CREDIT COMPANY
P. O. BOX 1739
Dearborn, MI 4812%1739
DELIVERY AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully
installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as
satisfactory for all purposes of the Master Equipment Lease-Purchase Agreement ("Lease") executed by Lessee and
Lessor.
MASTER LEASE MASTER LEASE
DATE NUMBER
6110102 6807800
SCHEDULE DELIVERY PURCHASE PURCHASE
6807800 NUMBER DATE ORDER NO.
DATE
06/10/2002 1
EQUIPMENT INFORMATION
QUANTI’P(
2O
DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.)
2003 Ford Cro~n Victoria Poli~ Sedans
SUPPLIER
Duval Ford
LESSEE:City of Palm Beach Gardens
10500 North Military T~ail
Palm Beach Gardens, FL 33410
BY:
DATE ACCEPTED:
(Title)
;’~TOTI::~L PRGE.II.3woK.
FEB 08 20132 14:18 FR FORD MUNICIPAL 313 390 28?2 TO 91561?9944?3 P.12/13
INSURANCE FACT SHEET
We require a Certificate of Insurance or Declaration Page shown in the name of the Municipality listed below, if more than
one insurance company is used. indicate each and for what type coverage. Per the Master Equipment Lease-Pumhase
Agreement. Lease No. 6807800, we require Liability and Physical Damage on all vehicles, Liability and P~operty Damage
on all other Equipment and FORD MOTOR CREDIT COMPANY named as Loss Payee and Additional Insured. RETURN
TO: Ford Motor Credit Company, Municipal Finance, PO Box 1739 - MD/S00, Dearborn, MI 48t21-t739.
SCHEDULE NO:6807800 PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES¯A MINIMUM OF $1,000,000.PUBLIC LIABILITY COVERAGE;
¯OR THE STATE MAXIMUM (IF LOWER) IS REQUIRED .
MUNI:City of Palm Beach Gardens
ADDRESS:10500 North Military Trail
CITY:Palm Beach Gardens, FL 33410
CONTACT:Rossalind Breland. Accts. Payable 5611-799-4161 PHONE: (561) 7g9-4441
EQUIP DESC:(20) 2003 Ford Crown Victoria Police Sedans
INSURANCE COMPANY:
ADDRESS:
CITY:
PHONE:
POLICY NO:
STATE:
’ CONTACT PERSON:
EXPIRATION DATE:
ZIP:
LIABILITY AMT:
PHYSICAL DAMAGE AMT:COMPREHENSIVE DEDUCTIBLE:
COLLISION DEDUCTIBLE:
PROPERTY DAMAGE AMT:
INSURANCE COMPANY:
¯ADDRESS:
CITY:STATE:ZIP:
PHONE:
POLICY NO:
CONTACT PERSON:
LIABILITY AMT:
PHYSICAL DAMAGE AMT:COMPREHENSIVE DEDUCTIBLE:
COLLISION DEDUCTIBLE:
EXPIRATION DATE:
PROPERTY DAMAGE AMT:
SELFJNSURED:
IF YOU ARE SELF.INSURED FOR
POOUFUND. "
NAME OF INSURANCE POOL/FUND:
SELF-INSURED FOR: LIABILITY: $
CONT;NUOUS COVERAGE: FROM:
PLEASE SIGN:
ANY COVERAGE, PLEASE PROVIDE THE NAME OF YOUR iNSURANCE
PROPERTY: $PHYSICAL: $_
T-O:
FEB 08 20~2 14:18 FR FORD MUNICIPAL 313 39~ 28?2 TO 915617994473
INVOICE
P.13/13
February 8, 2002
LESSEE:
REMIT ¯PAYMENT TO: ... "
City of Palm Beach Gardens
Police
10500 North Military Trail
Palm Beach Gardens, FL 33410
FORD MOTOR CREDIT COMPANY
MUNICIPAL FINANCE ..
P. O. BOX 1739 - MD 7500
DEARBORN, MI 48121-1739
PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT
ACCOUNT
NUMBER
6807800
FIRST
PAYMENT
DUE DATE
6110/02
DESCRIPTION
(20) 2003 Ford Crown Victoria Police Sedans
PLEASE REMIT:
PAYMENT
AMOUNT
$108,500.00
$1o8,5oo.oo
If you have any questions regarding this invoice, please call Patdcia Walker (800-
241-4199, Ext. t72).
TOTAL PAGE. 13 ~
FEB i~ 2002 11:2~ FR FORD MUHICIPAL 313 39E~ 2872 TO 9156179944"73 P.02/02
~l-mBeach Garden~iFL-Lease# 6807800
Compound Pedod ......¯ Annual
Nominal Annual Rate .." 4.570 %
02/08/2002 Page I
CASH FLOW DATA
¯ Event
1 Loan
2 Payment
3 Payment
Start Date ..............A~-~n~. N~Jmber Pedod
06/10/2002 412,200.00 1
06/10/2002 108,500.00 1
12/15/2002 108,279.40 3 Annual
End Date
12/15/2004
AMORTIZATION SCHEDULE - Normal Amortization
Date
Loan 06/10/2002
1 06/10/2002
2 12/15/2002
3 12/15/2003
4 12/15/2004
Grand Totals
.. Payment
108,500.00
108,279.40
108,279.40
108,279.40
433,338.20
Interest Principal
0.00 108,500.00
7,148.68 101,130.72
9,257.42 99,021.98
4,732.10 ’.103,547.30
21,138.20 412,200.00
Balance
412,200.00
303,700.00
2O2,569.28
103,547.30
0.00
TOTAL PAGE. 02 ~’~
FEB 08 2002 11:19 FR FORD MUNICIPAL 313 390 E~72 TO 9156179944?3
Palm Beach Gard-~S, FL-Lease# 680"7800
Compound Period ......¯ Annual
02/08/2002 Page I
Nominal Annual Rate .." 4.570 %
CASH FLOW DATA
Event
1 Loan
2 Payment
3 Payment
06/1012002 412,200.00 1
06/1012002 108,500.00 1
12/15/2002 108,279.40 3 Annual
End D~-"
12/15/2004
AMORTIZATION SCHEDULE - Normal Amortization
...... D_.a_t.e ........Payme~_..t ......Int.e..re__s.t ’
Loan 0611012002
1 06/10/2002 108,500.00 0.00
2 12/15/2002 108,279.40 7,148.68
3 12/1512003 10B,279.40 9,257,42
4 12/15/2004 108,279.40 4,732.10
Grand Totals 433,338.20 21,138.20
..... Pd n.ci_’_pal ....Sala.nce._
412,200.00
108,500.00 303,700.00
101,130.72 202,569.28
99,021.98 103,547.30
103,547.30 0.00
412,200.00
TOTAL PAGE.02 ~
BID AWARD
ANNOUNCEMENT
PURSUIT,
ADMINISTRATIVE NON-PURSUIT,
UTILITY, FIRE & RESCUE VEHICLES,
TRUCKS & VANS
Participating Sherit~s Otl~ces & Local Governmental
.. Agencies of the State of Florida
Coordinated By
The
Florida Sheriffs Association
& Florida Association of Counties
ASSOCIATIOI¢" ~ ....
FLOiODA
ASSOCIATION
-~ CO UNTIES
FLORIDA SHERIFFS ASSOCIATION.
& FLORIDA ASSOCIATION OF COUNTIES
2002 FORD CROWN VICTORIA
Specification #01
(Pursuit - RWD)
The Ford Crown Victoria purchased through this contract comes with all the standard equipment
as specified by the manufacturer for this model and FSA’s base vehicle specification(s) requirements
which are included and made a part of this contract’s vehicle base price as awarded by specification
by zone.
ZONE:~ Western ~r Northern 4rCentral ~ Southern
BASE PRICE:$19,349.00 $19,249.00 $19,349.00 $19,392.00
While the Florida Sheriffs Association and the Florida Association of Counties have attempted to
identify and include those equipment items most often requested by participating agencies for full
size vehicles, we realize equipment needs and preferences are going to vary from agency to agency.
In an effort to incorporate flexibility into our program, we have created specific add/delete options
which allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equ!pment delete and add options and their related cost are provided here to assist
you in approximating the total cost of the type vehlcle(s) you wish to order through this program.
Simply deduct the cost of any of the following equipment items you wish deleted from the base unit
cost and/or add the cost of any equipment items you wish added to the base unit cost to determine
the approximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the
appropriate dealer in your zone when preparing your order. Additional add/delete options other
than those listed here may be available through the dealers, however, those listed here must be
honored by the dealers in your zone at the stated prices.
Specification Low Bid
LEGEND FOR
DELETE/ADD OPTIONS
Every line will require a DOLLAR VALUE
or one of the following abbreviations:
Std. = rnanufacturer’sstandardequip.
Incl. = included with base specs.
NC = no additional charge
NA = not applicable to the vehicle
-- = option not bid by vendor
Bid Award Announcement (01-09-0904) 42
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Crown Vic
Garber Ford
Western
$19,349.00
Order
Code
D127
D552
58B
96D
Delete Options
Crown Vic
Garber Ford
Northern
$19,249.00
Western
Crown Vic
Garber Ford
Central
$19,349.00
Crown Vic
Duval Ford
Southern
$19,392.00
Power door locks
Rubber heavy-duty floor
covering
ABS brake system
AM/FM radio
Delete front door molding
Northern Central Southern
120.00 120.00 120.00
NC
NC
460.00 $ 460.00 $ 460.00 $ 434.00
65.00 $ 65.00 $ 65.00 $ 50.00
18.00 $ 18.00 $ 18.00 $ 20.00
Order
Code
68P
65W
642
45C
2iA
187
51A
157
948
DBG
525
Add Options
Police prep package
Visibility package
Full wheel covers
AM/FM cassette radio
Limlted slip differential
Heavy duty padded cloth
bucket front seats with
rear vinyl bench seat
Cloth split bench
Driver seat only - 6 way
power
Roof- reinforcement
Rear deck warning lights -
red and or blue, flashing
Accessory feed wires for
police equipment
Roof wiring with hole
Roof wiring without hole
Lights; safety alternate
flashing 4" red/blue
mounted underside of
decklid - dealer
installation acceptable
Left-hand pillar mounted
6" spotlight with clear
halogen bulb, factory "
installed
Left-hand pillar mounted
6" spotlight with clear
halogen bulb, dealer
installed
Rear door locks & handles
inoperative
Rear windows inoperative
Safety bumper guards
Speed control/tilt wheel
Western
1,780.00
98O.OO
3O.OO
760.00
95.OO
65.00
$ 90100
$ 360.00
$150.00
$210.00
Northern
1,780.00
980.00
3O.0O
760.00
95.00
65.OO
$ 90.00
$ 360.00
150.00
210.00
Central
1,780.00
980.00
3O.OO
760.00
95.00
65.000
$ 90.00
$ 360.00
Southern
1,795.00
995.00
3O.OO
236.00
95.OO
65.OO
¯$ 90.00
$ 360.00
150.00 $ 70.00
210.00 $ 188.00
Std.
$ 150.00 $ 150.00 $ 150.00
NA NA NA
$ 210.00 $ 210.00 $ 210.00
$ 170.00 $ 170.00
$ 198.00$ 198.00
$ 170.00
$ 198.00
$ 373.00
$ 150.00
$ 373.00
$ 188.00
$ 170:00
$ 270.00
$ 20.00 $ 20.00 $ 20.00 $ 20.00
$ 20.00
$ 215.00
$ 215.00
20.00
215.00
215.00
$ 20.00
$ 215.00
$ 215.00
20.00
216.00
215.00
Bid Award Announcement (01-09-0904)43
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Crown Vic
Gather Ford
Western
819,349.00
Crown Vic
Garber Ford
Northern
819,249.00
Crown Vic
Garber Ford
Central
$19,349.00
Crown Vic
Duval Ford
Southern
$19,392.00
Order
Code
DRS4
DRS2
177
53M
HLF
478
61H
DML
760A
770A
95
Add Options (cont’d)Western
Street appearance group $
Third key $
Remote keyless entry, may $
be dealer installed
Rainshlelds $
Rainshields, 2 door
Silicone hoses $
Auxiliary fuse block
Radio noise suppression $
Headlight flashers $
Courtesy light disabled $
Ignition powered trunk . $
button, factory installed
Ignition powered trunk $
button, dealer installed
Rechargeable mag light $
Class Ill hitch 2" ball $
Keyed alike $
Anti-theft, Tremco $
Locking gas cap
Natural gas engine 4.6L
Extended range CNG tanks
(requires 760A)
Two-t0ne paint $
Federal 44" Vista Strobe/$
LED/Halogen Lightbar,
Model X114H428DC-FSA
Features: 8 primary stobes,
4 LED flashers rear facing,
2 LED flashers front facing,
center halogen traffic
clearing light, 2 takedown
lights, alleylights, PA400SS
siren and light controller,
MS100 speaker with bracket.
Out of 6 LED flashers; 2
may be blue. Dealer
installed
Federal All Light Streethawk $
Lightbar, Model SHL4814
with PA400SS combined
siren/PA & light controller
& dynamax speaker with
bracket. Dealer installed
155.oo
79.00
245.00
Northern
155.00
79.00
245.00
Central
155.00
79.00
245.00
Southern
885.00
78.00
347.00
78.00 $ 78.00 $ 78.00 $ 78.00
52.00 $ 52.00 $ 52.00 $ 45.00
3OO.OO $3OO.OO $3OO.OO $3OO.OO
NA NA NA $ 133.00
70.00 $ 70.00 $ 70.00 $ 70.00
109.00 $ 109.00 $ 109.00 $ 91.00
15.00 $ 15.00 $ 15.00 $ 15.00
60.00 $ 60.00 $ 60.00 $ 60.00
60.00 $ 60.00 $ 60.00 $ 40.00
118.00 $ 118.00 $ 118.00
245.00 $ 245.00 $ 245.00
40.00 $ 40.00 $ 40.00
115.00 $ 115.00 $ 115.00
65.00 $. 65.00 $ 65.00 "
NA NA NA
NA NA NA
450.00
1,796.00
1,465.00
450.00
1,796.00
$ 1,465.00
$ 450.00
$ 1,796.00
$ 1,465.00
135.00
273.0O
40.00
129.00
38.OO
4,460.00
2,485.00
$ 450.00
$ 1,855.00
$ 1,488.00
Bid Award Announcement (01-09-0904)44
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Crown Vic
Garber Ford
Western
$19,349.00
Crown Vic
Garber Ford
Northern
819,249.00
Crown Vic
Garber Ford
Central
$19,349.00
Crown Vic
Duval Ford
Southern
819,392.00
Order
Code ¯ Add Options (cont’d)
Federal Smartvector
Lightbar, Model SVS4801
with SS2000SM smart
siren combined siren/PA
& light controller with
RMK and MNCT, &
dynamax speaker with
bracket. Dealer installed
Whelen 47" Ultra Edge Strobe/$
LED/Halogen Lightbar,
Model #1112SC-FSA.
Features: 12 primary
strobes, 2 LED flashers
front facing, 2 LED flashers
rear facing, 2 takedown ¯
lights, alleyllghts, built-in
traffic advisor mode, blink
control unit with light
controls and siren ampliier/
controller, SA314 speaker
with bracket. Out of 4 LED
flashers, 2 may be blue.
Dealer installed
Whelen Edge Model 9806 $
6-Strobe Lightbar, with
295HF100 full feature
siren/PA, PCC6R switch
control unit, & SA314
speaker with bracket.
Dealer installed
Whelen Edge Model 9812 $
12-Strobe Lightbar, with
295HFS6 combined
siren/PA & light controller
& SA314 speaker with
bracket. Dealer installed
Code Three Strobe/Halogen $
Lightbar, Model #36047A-
01-FSA. Features: 4 upper
strobes, 3 fast rotators, 4
takedown lights, 2 front
halogen flashers, 2 rear
halogen flashers, X fire
intersection strobes, hard-
coat lenses, built-in traffic
advisor, mastercom siren
and light controller, SL100
speaker with bracket.
Dealer installe
Western
$ 1,735.00
2,296.00
1,337.00
1,735.00
1,876.00
Northern
$ 1,735.00
$ 2,296.00
$ 1,337.00
$ 1,735.00
$ 1,876.00
Central
$ 1,735.00
$ 2,296.00
$ 1,337.00
,735.00
$ 1876.00
Southern "
$ 1,835.00
2,345.00
$ 1,446.00
$ 1,857.00
$ 1,970.00
Bid Award Announcement (01-09-0904)45
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Crown Vic
Garber Ford
Western
819,349.00
Crown Vic
Garber Ford
Northern
819,249.00
Crown Vic
Garber Ford
Central
$19,349.00
Crown Vic
Duval Ford
Southern
$19,392.00
Order
Code
DSM
Base
Extra
Add Options (cont’d)Western
Code Three MX7391A1 $
Lightbar, with 3892L6
combined siren/PA & light
controller & SL100 speaker
with bracket. Dealer
installed
Setlna #i0 Series Lexan $
Cage with sliding window,
full width lower extension
panel. Dealer installed
Pro-Gard P2100 Series
Polycarbonate (Lexan) Cage
with sliding window, full
width lower extension
panel. Dealer installed
Whelen Model SPS660CCCC
4 Comer Strobe System
with 4 clear tubes, 2 - 15’,
2 - 30’ cables & SPS600
6 outlet power supply.
Dealer installed .
Federal Model CSISFSA 4
Comer Strobe System with
4 clear tubes, 2 - 16’,
2 - 30’ cables and SPS6J
6 outlet power supply.
Dealer installed
Complete set of shop
manuals ONLY
5/75 Manufacturer’s
Extended Base Care
Warranty ($0 deductible)
See Page 803
5/75 Manufacturer’s
Extended Extra Care
Warranty ($0 deductible)
5/75 Manufacturer’s $
Extended Power Train
Warranty ($0 deductible)
1,596.00
460.00
460.00
385.00
385.00
246.00
2,925.00
Northern
$ 1,596.00
460.00
$ 460.00
385.00
385.00
246.00
2,925.0O
Central
$ 1,596.00
Southern
,725.00
$ 460.00 $ 588.00
$ 460.00 $ 598.00
385.00 $ 364.00
385.00 $ 364.00
246.00 $ 285.00
2,925.00 $ 3,495.00
3,925.00 $ 3,925.00 $ 3,925.00 $ 4,485.00
2,050.00 $ 2,050.00 $ 2,050.00 $ .2,495.00
Bid Award Announcement (01-09-0904)46
~ appreciate your interest in the 2002 Florida Sheriffs AssociationlFiori~ Association
of Counties l~/rchasing Contract. The following covers the items we discus.4~a:.
_ u_~.~. F..CA ~.#<.~x-,’.
NO. (904) 387-6816
P,O. Box 7687 ¯ 1616 Cassat Avenue - Jacksonville,
Sincerely.(~
FL32238 ¯ Telephone 9 44
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date prepared:
Meeting date:
March 26, 2002
April 4, 2002
Subject/Agenda Item:
RESOLUTION 25, 2002
PURCHASE OF VEHICLES AND EQUIPMENT
Recommendation/Motion:
Consider a motion to approve the purchase of Vehicles and Equipment
Reviewed by:
City Attorne,,~~
Finance/~.~
Human Res.
Other
Submitted by:
Approved by:
Ronald M. FerrislCity Ma~
Originating Dept.:
PUBLIC WORKS
Advertised:
Date:
Affected parties
[ ] Notified
[ ] Not required
Costs: $482,475-
Total
$482,475-
Current FY
Funding Source:
[ ] Operating
[ x ] Other Fleet
Management
Budget Acct.#
031-3020-539.6400@
$20,000-
031-3020-539.6410@
$360,000-
01-1430-515.6410@
$21,000-
01-1440-524.6410@
$16,000-
Fund Transferfrom Fleet
Rese~e@$65,475-
Council Action:
[ ] Approved
[] Approved w/conditions
[ ] Denied
[ ] Continued to:
Attachments:
Vehicle and
Equipment Purchase
Notebook.
Memo - Justification
for increase in Budget
Request
Memo -
Recommendation to
Purchase Twenty (20)
Vehicles, one (1)
Forklift, and one (1)
Backhoe for FY 2001-
2002
Copies - 2 slides
Vehicles by Department
[ ] None
Background: See attached Memorandum.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE:
FROM:
SUBJECT
Ron Fen-is, City Manager
March 26, 2002
Hoyt Owens, Public Works Director
RECOMMENDATION TO PURCHASE TWENTY (20)
VEHICLES, ONE (1) FORKLIFT, AND ONE (1) BACKHOE
FY 2001 -2002
A presentation to City Council on March 21, 2002 provided a recommendation from the
Fleet Committee to purchase the above listed equipment for various departments. The
total purchase costs are $482,475 with $417,000 budgeted in the current fiscal year. A
Fleet Fund Reserve Account transfer will provide the additional dollars to complete the
funding source at $65,475.
An additional transfer from the Fleet Fund Reserve Account will be required to complete
the lease vehicle portion under a separate resolution.
It is staff’s recommendation to authorize Public Works Department to purchase the
vehicles and equipment, as listed.
If you have any questions, please call.
HO/ca
attachments
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 25, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING "PIGGYBACK" PURCHASE OF
TWENTYVEHICLES, ONE FORKLIFT AND ONE BACKHOE; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE,
WHEREAS, the City wishes to purchase twenty vehicles (10 Ford Crown Victorias,
1 Ford Excursion 4x4, 2 Ford F-150 4x4’s, 2 Chevrolet Blazer 4x4’s, 2 Chevrolet S-10
4x2’s, 1 Dodge Truck 4x2, and 2 Ford Tauruses) by piggybacking the Florida Sheriff’s
Association Contract (No. 01-09-0905); and
WHEREAS, the City wishes to purchase one forklift by piggybacking the Florida
State Term Contract (No. 760-001-99-1); and
WHEREAS, the City wishes to purchase one backhoe by piggybacking the Federal
General Services Administration Contract (No. GS-30F-1021D); and
WHEREAS, the City Council determines that the purchase of the vehicles, the
forklift and the backhoe is in the best interests of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council ofthe Cityof Palm Beach Gardens hereby authorizes
the piggyback purchase of the twenty vehicles, the backhoe and the forklift, as set forth
herein and as more fully described in the memorandum attached hereto as Exhibit "A" and
incorporated herein, for for a total cost of $482,475.00.
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
CITY CLERK
I HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE:AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILPERSON CLARK
COUNCILPERSON RUSSO
COUNCILPERSON DELGADO
-2-
CITY OFPALM BEACH GARDENS
MEMORANDUM
TO:
APPROVED:
FROM:
SUBJECT:
Ron Fen’is, City Manager DATE: March 14, 2002
Allan Owens, Finance Administrator/~
Jack Douglmey, Chairman, Fleet Management Committee~~
Justification for Increase in Budget Request
As per Council direction dudngthe:Budget Review Processofthe 2002 budget;the
effectiveness of our fleet:m _maagementsystemwas discussed. Beginning in the Fall of
2001, the City Manager appointed a Fleet Management Committee to review this subject.
The Committee is made up of representatives from each operating department and
generally meets for the purpose of:
¯Estabhshed to focus on acquisition of appropriate vehicle or equipment for
assigned tasks.
¯Committee has one member from each department and meets bi-weekly.
¯Approach fosters self-governance and input from users.
¯Committee tasked with drafting policies for certain areas with City Manager’s
approval.
¯Recommended extended vehicle warranty purchases, where appropriate.
¯Analyze the cost effectiveness of supplying this fleet service in-house vs.
contractually, which will be completed this budget preparation period..
¯Fleet budget transfers that include cost allocations of fleet user expenses: rental
costs, maintenance costs, fuel, tires.
¯Method of amortization for replacement considering factors: vehicle age,
eondition,.mileage, and life cycle costing.
¯Acquisition.reviews for equipment: lease vs. purchase.
These deliberations led us to analyze the current inventory of the fleet we had and what
itemsneedectto be replaced at this.time. The.current budget year’s appropriation
identified:.$548i875"worth~.of-knowmexpenditures: During the period of time between
September 2001 and February 2002, the Committee, through its analysis the criteria
identified, has identified, the need.for:an additional appropriation from the FleetReserve
Fund of $190,226 to replace theadditional.inefficientvehicles currently in inventory.
The following attachments are in your package:
The.memo fi’omthe Public Works Department outlinesthe original appropriation
and:the proposed necessities in.the additional.appropriation, along with a booklet
outlininl~.the existing government contract usedin the:acquisition process for all
vehicles described.
The second attachment from the Police Department covers the subject of leased
road patrol marked vehicle, which outlines the lease program with attachments
and supporting documentation.
¯The third attachment is a copy of the PowcrPoint presentation wc will bc
presenting the evening of March 21, which overviews the entire process.
Recommendation:
Council approve Ordinance #15.2002 for the appropriation of $190,226 from the Fleet
Reserve Fund to implement the rccommendations of the Fleet Management Committee.
Cc~Hoyt Owens, Public Works Director
Major Ernic Can’, Support Services
Michael Morrow, Public Works Manager
Buddy Brown, Chief Building Inspector
Scott Fettcrman, Deputy Fire Chief
Sgt. Paul Lcfflcr, Police Support Services Division
Sgt. Glen Brown, Police.Traffic Division
Art Chcsson, Supervisor, Public Works Fleet Maintenance
Michael Kelly, Parks Director
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE:
APPROVED:
FROM:
SUBJECT:
Ronald M. Fends, City Manager
January 28, 2002
Hoyt Owens, Director, Public Works ~
Michael Morrow, Assistant Director, Public Works
~~)~It~.~,~~ FOR
FY 2001=2002
The following provides budget .information and actual expenses information considering the
subject:item:
Budgeted Purchases
10 Patrol Vehicles f~r Police
2 Vehicles for Growth Management
Budgeted Items
$269,000*
$ 37,000
$ 91,600
$ 20,000
Actual Expenses
$103,050"* /
$ 38,198 /
$93,199 /
$. 13,638 /
Sub Total $417~000 $248,085
¯ Fleet Committee Add-on Purchases
3 Vehicles-,for.Fire
1 Vehicle for GrOwth Management
1 Vehicle for Administration
1 Vehicle.fo~=Public Works
5 AdminNehicles for Police***
Sub. Total
Lease~fo~.POfi~e,Patrol:/Vehides -
~00-0 [.i @~10 :Patrol: Vehicles.
Proposed~L~[O 1~,02~ ~7.0:Patml ~Vehicles :: :-
~fb~20~Patml~Vehicles:
Graphics~ for: 5~ Pairol -Vehicles-~
Bud~e~Ad|ustment from~Fl~Reserve
-0-
$41.7,000
$131,875
-0-
-0-
$548,875
**
***
$ 88~274/Vehicles wez
$15,035 /during F~02:
$16,553 ~"
$16,553 /
$ 97,975 /
$482,475
$ 93,690
$108,500
$-53,686"~,. ~idd,~eqd~t
$i - 750~.~ de~L£very
$739,101
$19~26
Ten.patrol.vehicles for-p01ice @!$26,900 each includes add-on hardware
Five patrol vehicles p~ed-f0~pofice using.existing-hardware
Replace I crashed poli.~.~ini.~wative vehicle
overlooked
mdget process
¯ ent~ a£ter_
Mr. Ronald M. Ferris
January 28, 2002
Page 2
The total cost of all vehicles and equipment equals $482~475.00. All vehicles for the City will be
purchased via the Florida Sheriff’s Association Contract (No. 01-09-0905). The forld~ will
purchased via Florida State Term Contract (No., 760-001-99-1) and the backhoe via Federal
General Services Administration Contract (NO. GS-30F-1021D).
If you have any questions concerning this recommendation, please see me.
attachments
C."Jack Doughney
Len Rubin
Hoyt Owens
Allan Owens
Art Chesson
File
FerrisO12802
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
SUBJECT/AGENDA ITEM
SP-01-32 Bluff’s Pre-School at Mirasol
Consideration of Approval: A request by Steven A. M ickley, on behalf of Taylor- Woodrow
Communities Ltd., to approve a site plan for a 10,000 square-foot child day-care facility
located on approximately 1.12 acres within the Mirasol Planned Community District (PCD).
The Mirasol PCD is located just west of the Ronald Reagan Turnpike, between PGA
Boulevard and Hood Road. (3-42S-42E)
RECOMMENDATION
Staff recommends APPROVAL of Resolution 49, 2002 with conditions of approval.
Reviewed by:
Principal Planner "~
Talal Benothman, AICP
City Attorney ~
Finance NA
Human Res. NA
Submitted by:
Growth
ManageF~rl =t
Director~
Charles K. Wu, AICP
Appr°ved b~2...~. ~__
City Mana .~g~~-~.~
Originating Dept.:
Growth Management:
Project ~
Manager
Ed Tombar~A~
Advertised:
[X] 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
[ ] Rec. app. w/conds.
[ ] Rec. Denial
[X]No
Recommendation
[ ] Continued to:
Attachments:
¯Reso. 49, 2002
¯Aerial Photo
¯Mirasol Master
Plan
¯Site/Landscape
Plan
¯Building
Elevations
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition SP-01-32
BACKGROUND
The Mirasol Master Plan was approved by the City Council by Ordinance 8, 2000 on May
18, 2001, and amended by Ordinance 18, 2001 on July 25, 2001. Both the original
approval and amended master.plan provided for a 1.12 acre "Community Facility" that
provided for up to 10,000 square feet for a day-care facility on site. Condition 5 of
Ordinance 18, 2001 states that the following language: " Permitted uses within the
’community facility’ parcel include day care center, church, recreation, and/or other
community center, and municipal government uses. Retail commercial uses are
specifically excluded." The uses shall be limited to "10,000 square feet and 793 total trips
per day." The proposed use is consistent with this condition of approval.
To date, the golf maintenance facility, fire station, sales center, clubhouse and twelve
residential pod site plans have been approved; however, no residential certificates of
occupancy have been issued. Certificates of Occupancy have been issued for the sales
center, a temporary clubhouse, and the fire station. Certificates of Occupancy for
residential structures are anticipated to be issued prior to the approval of this application.
LAND USE & ZONING
The subject site is zoned Planned Community District (PCD) with an underlying zoning
Public/Institutional (P/I), has a future land-use designation of Residential Low (RL), and
a Master Plan designation of Community Center.
CONCURRENCY
The project has been vested for concurrency through the PCD approval process. The PCD
permits up to 10,000 square feet of "community facility" use on this site and up to 793 trips
per day. The proposed development is projected to generate 555 trips per day. The City’s
traffic consultant has reviewed the traffic statement and has found it sufficient.
PROJECT DETAILS
Site
The 1.12-acre site has been cleared as part of the initial clearing of the PCD property. The
environmental assessment conducted on the property indicated that the most
environmentally significant areas were located elsewhere within the PCD.
2
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition SP-01-32
Access
The Community Center site is located on the east side of Jog Road, within the eastern half
of the PCD property. The only access shall be off of Jog Road. The site is bounded by the
commercial parcel to the south, lake and parkway system to the north, lake and Ronald
Reagan Turnpike to the east and Jog Road to the west. The site is located approximately
½ mile north of PGA Boulevard.
Buildinq and Architecture
The proposed architecture shall be consistent with the "Mediterranean revival" theme of the
Mirasol PCD. The applicant has included Palladian windows, French doors and barrel tile
roof as part of the architecture that relates to the Mediterranean revival theme of the
community.
Parkinq
Section 78-345 of the Land Development Regulations (LDRs) requires 1 parking space per
10 students, 1 pickup/drop off space per 10 students, plus one space per van or bus.
Twenty-four parking spaces have been provided, based on an anticipated enrollment of
240 students.
In addition to the 24 required parking spaces, the applicant has provided for one bus
parking space and an adequate 10-foot drop off lane to accommodate the anticipated
enrollment.
The applicant is proposing a 17-foot long parking space with a 1.5 -foot overhang, in-lieu of
the 18.5-foot parking space length required by code. A waiver has been requested from
the LDRs. This configuration is similar to other parking areas permitted within the Mirasol
PCD by granting of a waiver request.
Drainage
Site drainage is connected to the overall master plan drainage system that has been
approved.
LEqhfin.q
The applicant is proposing a "shoebox" style lighting standard, consistent with non-
residential uses located along Jog Road within the Mirasol PCD. The LDRs require that the
lighting pole heights not exceed 25 feet in height.
3
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition SP-01-32
Waivers
Code Section
Section 78-344(k)
Construction and
Maintenance
Section 78-344 (h)
Vehicular Stacking
Distance
Section 78-319
Minimum Buffer
Required
Section 78-345
Parking Required
Required
18.5 X 10 foot
parking space
Provided Waiver
Requested
Yes17-foot long parking
space, 1.5 foot
overhang; 9 foot
wide parking space
63 feet100 feet of stacking
distance from right-
of-way to conflicting
turning movements
8-foot buffer not
adjacent to the
right-of-way
One drop-off space
per 10 students =
24 spaces
Yes
3 feet Yes
14 spaces Yes
Staff Recommendation
Support (1)
Suppo~ (2)
Support (3)
Support (4)
This parking configuration has been used at several parking areas within the Mirasol
PCD. The reduced size of the parking stall allows for additional green space on site.
(2)The applicant shall require that the ten closest spaces to the entrance driveway be
reserved for employee parking. The day care manager anticipates that employees
should be on-site and parked prior to the drop-off queuing that occurs when
students enter the site, thus minimizing the occurrence of conflicting movements in
this area.
(3)The site is adjacent to a forty-foot wide "parkway easement", which is to be
maintained in perpetuity as a landscaped area. This easement, included with the
proposed three-foot buffer proposed along the front property line, shall provide for a
forty-three foot landscaped buffer adjacent to the Jog Road right-of-way. It is staff’s
professional opinion that this provides sufficient buffering, meeting the intent of the
LDRs, and thus recommends approval of the waiver.
(4)The applicant has provided a drop-off and pick-up schedule for staff’s review
reflecting the staggered nature of classes and programs to be offered. Contrary to
an elementary school, drop-off and pick-up times will not be concentrated in the
morning and afternoon, thus minimizing congestion and stacking during peak times.
The applicant has revised the site plan to include a one-way enter on to the site that
has allowed for double the stacking lanes in this area.
4
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition SP-01-32
RECOMMENDATION
Staff recommends approval of petition SP-01-32 with the following conditions of approval:
(1)At no time shall the applicant permit the stacking of traffic onto Jog Road.
(Code Enforcement)
(2)The day care facility shall have no more than 240 students. The applicant,
successor and assigns shall have to submit to the City (each August) a letter
certifying the number of students that are enrolled for that particular school
year. (Code Enforcement and Development Compliance)
(3)The applicant shall adhere to the staggered drop-off and pick-up schedule
provided to staff as part of this application. In the event that the applicant
changes schedules, the applicant shall submit a new schedule for staff
review. (Code Enforcement and Development Compliance Officer)
Staff also recommends approval of all waivers requested.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission reviewed this application at its December 11,2001
meeting. The Commission had several concerns regarding this application, including:
Inadequate stacking lanes for drop-off;
Inadequate stacking entering the site;
Inadequate parking on-site for the size of proposed use; and
Need for additional architectural features on the building elevations.
The overall consensus of the Commission was that the use was too intense for the size of
the site. Although, the Mirasol PCD Master Plan allows for a 10,000 square-foot facility on
this site, this is the maximum amount allowed. In addition, the applicant has requested
several waivers that the Commission did not believe have been adequately justified.
The Commission recommended that the applicant revise the site plan and the architecture
and return to the Commission for additional review.
The applicant has responded by providing for two dormers on the front elevation and a
design change to the cupola above the covered entry. Also the applicant has provided for
breaks in the decorative railing along the front elevation, in response to a Commission
5
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition SP-01-32
concern regarding access from vehicles in the drop-off lane and the entrance to the
building.
On January 22, 2002, the Planning and Zoning Commission again reviewed this
application and voted 3-3 to make no recommendation to the City Council,
G: Ed/2001/sp0132cc
6
City Council
Meeting Date: April 4, 2002
Date Prepared: March 20, 2002
Petition SP-01-32
SUBJECT SITE AND SURROUNDING AREA
ZONING AND LAND USE
7
Last Revision:
February 26, 2002
March 14, 2002
March 20, 2002
March 22, 2002
RESOLUTION 49, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF A SITE PLAN TO ALLOW FOR THE
DEVELOPMENT OF AN APPROXIMATELY 10,000 SQUARE-
FOOT DAY CARE FACILITY, LOCATED WITHIN THE MIRASOL
PLANNED COMMUNITY DISTRICT (PCD), 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 of Palm Beach Gardens received a site plan application (SP-
01-44) from Taylor-Woodrow Communities, for approval of a site plan to provide for the
development of an approximately 10,000 square-foot day care facility, located within the
Mirasol PCD, as more particularly described herein; and
WHEREAS, the 1.12 acre "Community Facility" site, to be known as "The Bluff’s
Day Care Facility" is currently zoned Planned Community District" (PCD) with underlying
zoning of Public/Institutional, with a future land-use of Residential Low (RL) and a Master
Plan designation of Community Facility; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient and that it is consistent with the City’s Comprehensive
Plan, the Land Development Regulations, the Mirasol Master Plan, and amended
development order; and
WHEREAS, on January 15, 2002, the Planning and Zoning Commission made no
recommendation by a vote of 3 to 3.
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 "The Bluff’s Day Care" site plan, as more particularly described in
Exhibit "A" attached hereto and incorporated herein, to provide for the development of an
approximately 10,000 square-foot day care facility located within the Mirasol PCD.
Resolution 50, 2002
Date Prepared: March 14, 2002
SECTION 2. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
SECTION 3. Said approval shall be subject to the following condition, which
shall be binding on the applicant, its successors and assigns:
(1)At no time shall the applicant permit the stacking of vehicular traffic
onto Jog Road. (Code Enforcement)
(2)The day care facility shall have no more than 240 students. The
applicant shall submit to the City (each August) a letter certifying the
number of students that are enrolled for the upcoming school year.
(Code Enforcement and Development Compliance)
(3)The applicant shall adhere to the staggered drop-off and pick-up
schedule provided to staff as part of this application. In the event
that the applicant changes schedules, the applicant shall submit a
new schedule for staff review and approval. (Code Enforcement
and Development Compliance Officer)
SECTION 4. Construction of the site shall be in compliance with the following
plans on file with the City’s Growth Management Department:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
March 11,2002, Site Plan, GMD Construction, Sheet S-1.
October 8, 2001, Paving and Drainage Plan, Thomas T. Thomey,
P.E., Sheet S-2.
November 19, 2001, Detail Sheet, Thomas T. Thomey, P.E., Sheet
S-3.
February 9, 2002, Alternate Site Plan with 10 foot Spaces, GMD
Construction, Sheet Sl-a.
February 8, 2002, Landscape Plan, GMD Construction, Sheet A-2.
January 2, 2002, Building Elevations, GMD Construction, Sheet L-2
October 12, 2002, Floor Plans and Roof Plans, GMD Construction,
Sheets A-2 and A-3.
October 19, 2001, Photometric Plans, T. Thomey, P.E., Sheet PH-I.
SECTION 5. The following waivers are hereby granted with this approval:
(1)
(2)
Section 78-344 Construction and Maintenance, to allow for a 17 -
foot long parking stall with 1.5-foot overhang. The code requires a
18.5 foot long parking stall.
Section 78-344(h) Vehicular Stacking Distance, to allow for 63 feet
of vehicular stacking from the right-of-way to the first area of
2
Resolution 50, 2002
Date Prepared: March 14, 2002
(3)
(4)
opposing movement. The code requires a minimum distance of 100
feet.
Section 78-319 Minimum Buffer Required, to allow for a minimum
landscape buffer of three feet. The code requires a minimum
landscape buffer width of eight feet.
Section 78-345 Parking Required, to allow fourteen drop-off spaces.
The code requires a minimum of one drop-off space per 10 students
(24 spaces).
SECTION 6. 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 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 DAY OF 2002.
MAYOR ERIC JABLIN
ATTEST BY:APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY CLERK CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMAN CLARK
COUNCILMAN RUSSO
COUNCILWOMAN DELGADO
G/ed/2001/sp0132res
AYE NAY
3
ABSENT
Resolution 50, 2002
Date Prepared: March 14, 2002
EXHIBIT "A"
4
LEGAL DESCRIPTION
TRACT I, MIRASOL PLAT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 89, PAGES 14 THROUGH 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY.
FLORIDA.
CONTAINING 49,915 SQ. FT. OR 1.146 ACRES MORE OR LESS.
NOTE:
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
BEARINGS SHOWN HEREON ARE BASED UPON THE RECORD PLAT.
FLOOD ZONE ’B’ - PANEL NUMBER 120192 0115 B
MAP REVISED: OCTOBER 15, 1982
I HEREBY CERTIFY TO
THAT THE SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION FOR THE
PURPOSE OF:BOUNDARY SURVEY ACCORDING TO
A LEGAL DESCRIPTION FURNISHED AS SHOWN HEREON IN THE A~SENCE OF AN
ABSTRACT AND THAT IT IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF,
AND THAT THERE ARE NO APPARENT ENCROACHMENTS, UNLESS SHOWN. AND
FURTHER, THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
61 G17-8, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. THIS SURVEY IS ONLY VALID FOR THE PURPOSE AS STATED ABOVE,FOR
WHICH IT IS INTENDED. THIS SURVEY IS NOT VALID~SED SEAL.
DATE SEPTEMBER 14~ 2001 RICHARD P. BRFJTENBACH
PROFESSIONAL SURVEYOR&MAPPER
FLORIDA CERTIFICATE NO. 3978
LAND SURVEYING SERVICES
PHONE: (561) 967-0065
2,540 PALM,~RITA ROAD WEST PALM BEACH. FL. 33406
FIELD FIFLD BOOK SC~KL£:
DRAWN R.P.B.JOe NO.
0~ -06~09-14-2001CHECKED OF
-7 o Ec :
TRACT I I ,LE NO.
MIRASOL PLAT ONE B-01-068
City Council
Meeting Date: April 4, 2002
Date Prepared: March 14, 2002
Petition SP-01-32
SUBJECT SITE AND SURROUNDING AREA
ZONING AND LAND USE -
7
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: April 4, 2002
Date Prepared: March 26, 2002
SUBJECT/AGENDA ITEM
SP-01-35 - SouthTrust Bank at the Regional Center DRI
Consideration of approval: Resolution 47, 2002, a request by Donald Hearing of Cotleur
Hearing, agent for SouthTrust Bank, for site plan approval of a 14,000 squarefoot bank building
on Parcel 27.04 within the Regional Center Development of Regional Impact (DRI). The 2-acre
site is located at the northeast corner of the intersection of Kew Gardens Drive and PGA
Boulevard. (6-42S-43E)
RECOMMENDATION
Staff recommends approval of Resolution 47, 2002~
Reviewed by:
Principal Planner
Talal Benothm~
City Attorney ~¢/~
Len Rubin ~
Development Compliance
Officer
Bahareh Keshavarz, AICP
Submitted by:
Originating Dept.:
Growth
Management:
Project ~Manage~
Kara Irwin
Advertised:
Growth .’~
Manaeg’r’r~E}ntt L ~J I Date:
DirectS! ~(]l/~ ~-, {/(J~ Paper:
Charles~s ~i ~/~u, ,~,I(~P ~, [, [, [~J~t Required
Approved by.~
City Manag~ ~Affected parties:
, [X ] Notified .Ron M. Ferris / /
’[ ] 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
[ ] Rec. approval
[X ] Rec. app. w/
conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
¯ Table 1
¯ Table 2
-¯ Resolution 47, 2002
¯ Waiver Justification
¯ Site Plan
¯ Landscape Plans
¯ Elevations w/signage
¯ Regional Center Master
Signage Plan
City Council
Meeting Date: April 4, 2002
Date Prepared: March 26, 2002
SP-01-35
BACKGROUND
The proposed development is located within the Regional Center Planned Community District
(PCD). On February 16, 1984, the City Council approved the Development Order of the
Regional Center DRI by Resolution 9, 1984. The DRI was approved for a mixture of land uses
consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use.
The Development Order has been amended seven times. It currently permits the development
of up to 1,640,000 square feet of retail, 1,210,O00 square feet of office (business), 235,200
square feet of office (research), 1,813 dwelling units and 449 hotel rooms. The total acreage
the entire DRI is approximately 458.2 acres.
The most recent Notice of Proposed Change (NOPC) to the Development Order of the Regional
Center DRI (Resolution 81, 2001) was approved by City Council on March 7, 2002, allowed the
reconfiguration of the alignment of Victoria Gardens Drive, relocating the neighborhood
Commercial Parcel 6, re-designating the use of Parcel 6 as multifamily residential, redistributing
the acreage of Parcel 7 between Parcel 2 and the community-serving open space area around
Lake Victoria, increasing the square footage of :commercial uses by 200,000 square feet, and
amending 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.
LAND USE &ZONING
The land-use designation of the subject site as reflected on the City’s Future Land Use Map is
Professional Office (PO). The site’s land-use designation on the Master Plan (Map H)
Development of the DRI is Office/Hotel/Community Use. The zoning classification of the site is
Planned Community District (PCD).
CONCURRENCY
The proposed project is not subject to concurrency because it is part of a large, previously
approved planned development with a certain amount of capacity reserved. The City’s traffic
consultant has reviewed the project to ensure that adequate capacity needed for the proposed
development exists.
PROJECT DETAILS
Building Site
The property is bounded by Minsk Gardens Avenue to the north, a Northern Palm Beach
County Improvement District (NPBCID) lake to the east, PGA Boulevard to the south, and Kew
Gardens Avenue to the west. The site will be developed with a 14,000 square foot two-story
SouthTrust branch bank with four (4) drive-through teller lanes and one (1) ATM lane on the
acre site.
2
City Council
Meeting Date: April 4, 2002
Date Prepared: March 26, 2002
SP-01-35
The SouthTrust Bank is oriented toward the Kew Gardens Avenue access.
Proiect Summary
The style of the SouthTrust Bank building would be considered traditional architecture. The
building is composed of concrete block construction with stucco finish of varying textures,
arched windows, preformed synthetic moldings, including cornice molding and window
surrounds with a three color blend cement barrel :tile roof.
The stucco exterior finish will be Sand Finish HC-80, and the highlights, banding and cornice will
be a coarse stucco finish painted White Dove.
Site Access and Circulation
One primary access point with 105’ of vehicle stacking is provided from Kew Gardens Avenue
and a future access point is provided connecting to any future project on the north portion of the
parcel. The applicant is providing specialty pavers at the driveway entrances, at the two entries
to the building, and at walkways and crosswalks.
In order to provide 360-degree circulation for operation of the drive-through tellers, the building
is placed in the approximate center of the site. Pedestrian pathways with paver crosswalks and
bike racks are provided which connect to the overall and existing PGA Boulevard and Regional
Center pedestrian circulation system.
Parkinq
The applicant is required to provide fifty-six (56) parking spaces on site to meet the code
requirements for professional or business office use (1 space per 250 square feet); the applicant
has provided sixty (60) spaces.
The applicant has provided one loading space (12’ X 35’) to the rear of the building, with the
required maneuvering area in accordance with Section 78-364 of the Land Development
Regulations.
S~qnacle
The applicant is requesting one ground sign at the southwest corner of the site. The subject
parcel has a ground sign designated to it on the northern vacant portion of the site along Minsk
Gardens Avenue under the MacArthur Center Master Signage Program. Therefore, the
applicant is requesting, as part of this application, an amendment to Resolution 64, 1998, that
adopted the MacArthur Center Signage Program, to allow the relocation of the ground sign for
Parcel 27.04 to the corner of PGA Boulevard and Kew Gardens Avenue.
In addition to the permitted wall sign on the south elevation, the applicant is also proposing two
wall signs on the west and north elevations of the tower feature at the front entrance, which
require a waiver.
Phasinq
The proposed project will be built in one phase.
3
City Council
Meeting Date: April 4, 2002
Date Prepared: March 26, 2002
SP-01-35
Landscaping~Buffering
The site plan maintains a minimum of an eight (8) foot buffer, as required by Code, along the
NPCID Lake, and the east and north property boundaries. The site plan depicts a twenty-two
(22) foot buffer along Kew Gardens Avenue, where the code requires a minimum of twenty (20)
feet along a public right-of-way greater than 100 feet in width.
As required by the PGA Boulevard Corridor Overlay, a 55-foot special buffer has been
provided, which includes a meandering pedestrian pathway and landscape features.
The applicant allocated 36% of the site to open space, which is in excess of the minimum 15%
required for nonresidential development. The applicant has provided 3,789.3 points of
landscaping, which is in excess of the required 3,402 points.
Building Orientation
The applicant proposes the orientation toward Kew Gardens Boulevard in order to maintain
easy traffic circulation around the building for the drive-through facility. As a result, the rear of
the proposed building is oriented toward PGA Boulevard.
Waivers
Code Section Required Provided Waiver Recommendation
Section 78-285 Permitted Signs-
Flat/Wall Sign for Principal 1 3 2 Support
Structure
The City Engineer is a consultant that provides strict technical review and support for the City,
and therefore, does not support any requests outside of the Code requirements.
The applicant has requested a waiver to the minimum requirement for flat/wall
signage for principal structure. Staff supports the request for the following two
reasons:
a. First, the applicant has provided an additional 755 square feet of landscaping on
the site in exchange for consideration of the waiver request. The additional
landscaping is in a visible location and provides additional buffering of the drive-
through facility from PGA Boulevard.
b. The applicant argues that the additional signage would be allowed for ground
floor tenants, which the building will have, but they will be other SouthTrust
divisions. All three wall signs will display the same message. The Planning &
Zoning Commission recommended that keeping the uniform text on the signs
provided for better symmetry on the tower feature.
PLANNING & ZONING COMMISSION RECOMMENDATION
On February 26, 2002, the Planning & Zoning Commission recommended approval of Petition
SP-01-35 with conditions.
4
City Council
Meeting Date: April 4, 2002
Date Prepared: March 26, 2002
SP-01-35
CITY COUNCIL
On March 21, 2002, the City Council reviewed petition SP-01-35 and requested the applicant
revise the size of the plants on the landscape plan to match the colored rendering. The palms
located at the entrance to the bank were depicted at approximately 20’-25’ in height on the
colored rendering, but are proposed to be planted at 10’ in height. The City Council postponed
the petition Until the April 4, 2002, City Council meeting, so that the applicant could address the
Council’s concerns.
The applicant has not made any changes to the proposed landscape plan.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 47, 2002.
City Council
Meeting Date: April 4, 2002
Date Prepared: March 26, 2002
SP-01-35
:~:~::EXIS~,!NG ZONING AND LAND USE DES!GNAT!ONS ¯
EXISTING USE
Subject Property
Vacant/Undeveloped
North
Gertz Professional Office Center
South
Palm Beach Community College
North Count)/Courthouse
West
Vacant (Parcel 27.03))
East
NPBCID Lake
Parcel 27.05
ZONING
Planned Community District
(PCD)
Planned Community District
(PCD)
Public/Institutional (P/I)
Planned Community District
(PCD)
Planned Community District
(PCD)
LAND USE
DRI/PCD/PO
DRI/PCD/PO
Public (P)
DRI/PCD/PO
DRI/PCD/PO
Consistent?Code Requirement
Site Zoning = PCD
Proposed Plan
Bank/Financial Institution
w/Drive Through
N/A
Yes
Minimum Building Site Area N/A
Minimum Site Width N/A N/A
Maximum Building Height: 36 33’ 6" / 2 stories Yes
feet/2 stories
Minimum Open Space:35.5%Yes
15%
Minimum Lot Coverage: 35%16%Yes
Front Setback:+100 :feet Yes
25 feet
Rear Setback:45 feet Yes
15 feet
Meeting Date: April 4, 2002
Revised: March 21, 2002
RESOLUTION 47, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A SITE PLAN FOR AN APPROXIMATELY
14,000 SQUARE FOOT BRANCH BANK OFFICE WITH
FOUR (4) DRIVE-THROUGH LANES AND ONE ATM LANE,
LOCATED ON THE CORNEROF PGA BOULEVARD AND
KEW GARDENS AVENUE, WHICH iS WITHIN THE
REGIONAL CENTER DRI AND PCD ALONG PGA
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND AMENDING RESOLUTION 64, 1998, TO
RELOCATE A GROUND SIGN; PROVIDING FOR AWAIVER
TO ALLOW TWO ADDITIONAL BUILDING IDENTIFICATION
SIGNS; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application (Petition SP-01-35) from Cotleur
Hearing, agent, for approval of a site plan for a branch bank office with a total square
footage of approximately 14,000 and four drive-through lanes and one ATM lane on the
subject site, which is located in the Regional Center DRI and PCD along PGA Blvd., as
more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the applicant seeks one waiver to allow two additional building
identification signs on the north and west elevations of the tower feature; and
WHEREAS, the applicant further requests an amendment to Resolution 64, 1998, to
relocate a ground sign to the corner of PGA Boulevard and Kew Gardens Avenue on the
.subject site as shown in Exhibit "B" attached hereto; and
WHEREAS, the 2-acre (Parcel 27.04) site is currently zoned Planned Community
District (PCD) with an underlying zoning of Professional Office (PO), and a future land
of Professional Office (PO); 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 has recommended approval of said application; and
Resolution 47, 2002
Meeting Date: April 4, 2002
Date Prepared: March 21,2002
WHEREAS, on February 26, 2002, the Planning & Zoning Commission
recommended approval of petition SP-01-351 with conditions.
NOW, THEREFORE, BE IT RESOLVED BYTHE 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 of the City of Palm Beach Gardens, Florida, hereby
approves the subject site plan consisting of approximately 14,000 square feet of
professional office use for a bank, located within the Regional Center DRI/PCD, as more
particularly described in Exhibit "A" attached, hereto and incorporated herein.
Section 3. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves an amendment to Resolution 64, 1998 to r~locate a ground sign to the entrance
of the subject site as reflected on Exhibit "B" attached hereto and incorporated.
Section 4. Said site plan approval shall comply with the following conditions, which
shall be binding upon the applicant, its successors, assigns, and/or grantees:
1.Prior to construction plan review, the applicant shall submit a revised Photometric
Plan to the City Engineer that meets the requirements of LDR Section 78-182. (City
Engineer)
2.Site landscaping shall be properly maintained so as not to obstruct the view of
windows, building address numbers, and walkways. (Police and Code Enforcement)
3.All perimeter doors shall be equipped with hinges that utilize non-removable hinge
pins. (Police)
4.All strike areas of perimeter doors shall be equipped with reinforced, case hardened
strike plate. (Police)
5.The rear door shall be equipped with a peephole viewer. (Police)
6.The applicant shall provide numerical addresses with bi-directional visibility from the
roadway and illumination for nighttime visibility. (Police)
7.The applicant shall install a high-resolution color digital video camera system with
monitoring and photo processing printout capabilities above the exit doors, teller
counters, and drive-through lanes for potential criminal activity detection. (Police)
8.The applicant shall install a money lever switch within teller cash drawers that will
activate an alarm system in emergency situations. (Police)
9.Prior to issuance of the first Certificate of Occupancy, potable water conservation
devices shall be incorporated into project buildings, per Condition 12 of the Regional
Center DRI. (Planning & Zoning)
2
Resolution 47, 2002
Meeting Date: April 4, 2002
Date Prepared: March 21,2002
10.Prior to issuance of the first Certificate of Occupancy, energy conservation
measures identified in the Application for Development Approval (ADA) shall
implemented, per Condition 24 of the Development Order for the Regional Center
DRI. (Planning & Zoning)
11.Prior to issuance of the first Certificate of Occupancy, the subject parcel shall
comply with the energy plan established by the Property Owners Association
Architectural Review Board (Board) for the Regional Center DRI, per Condition
of the DevelopmentOrder of the Regional Center DRI. (Planning & Zoning)
12.Prior to issuance of the first Certificate of Occupancy, the applicant shall
demonstrate that a full line of energy-efficient appliances and equipment will be
used in all buildings on site, per Condition 27 of the Development Order of the
Regional Center DRI. (Planning & Zoning)
13.Prior to the issuance of the first Building Permit, the applicant shall coordinate with
the City Engineer to ensure that the transition area at the entrance driveway
connection to Kew Gardens Avenue effectively channels the stormwater runoff from
Kew Gardens Avenue to existing storm inlets and that no ponding occurs at the
entrance driveway connection. (City Engineer)
14.No less than five (5) feet of stucco (vertical) shall be exposed behind the wall
on the south elevation of the building. (Planning & Zoning)
Section 5. The following waiver is hereby granted with this approval:
Section 78-285, Flat/VVall Sign for Principal Structure, to allow for to additional wall
signs. The Land Development Regulations allow a maximum of one wall sign for the
principal tenant.
Section 6. Said approval and construction shall be consistent with plans filed with
the City’s Growth Management Department as follows:
1.Site Plan, Landscape Plan, and details, January 18, 2002, Cotleur Hearing, 4
sheets.
2.Signage Plan and Details, March 1, 2002, Oliver, Glidden, & Partners, SG-1 (1
sheet).
3.Floor Plans, Roof Plans, and Elevations, March 1, 2002, Oliver, Glidden, &
Partners, Sheets A-1 through A-5.
Section 7. 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 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,
Resolution 47, 2002
Meeting Date: April 4, 2002
Date Prepared: March 21,2002
it shall not affect the validity of the remainingportions or applications of this Resolution.
SECTION 9. All Resolutions, or parts of Resolutions, in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 10. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS OF 2002.
ATTEST BY:
ERIC JABLIN, MAYOR
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY CLERK CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER RUSSO
COUNCILMEMBER CLARK
COUNCILMEMBER DELGADO
AYE NAY ABSENT
Resolution 47, 2002
Meeting Date: April 4, 2002
Date Prepared: March 21,2002
EXHIBIT A
5
Resolution 47, 2002
Meeting Date: April 4, 2002
Date Prepared: March 21,2002
EXHIBITA ~,
A PART OF REGIONAL CENTER PARCEL 27.04, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 90, PAGE 1; OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS; BEGINNING AT WESTERLY MOST SOUTHWEST CORNER OF SAID PLAT;
THENCE NORTH 01/’25’03 ’’ EAST ALONG THEWESTERLY BOUNDARY OF SAID PLAT,
A DISTANCE OF 13.55 FEET TO THE BEGINNI2qG OF A CURVE CONCAVE
NORTH]3RLY HAVING A RADIUS OF 455.87 FEET; THENCE CONTINUE ALONG SAID
WESTERLY BOUNDARY, NORTHERLY ALONG SAID CURVE Tt-IROUGH A CENTRAL
ANGLE OF 37"35’44" A DISTANCE OF 299.13 FEET; THENCE CONTINUE ALONG SAID
WESTERLY BOUNDARY, NORTH 39"00’45". EAST A DISTANCE OF 80.28 FEET;
THENCE DEPARTING SAID WESTERLY BOUNDARY, SOUTH 63^28’51 ’’ EAST A
DISTANCE OF 212.60 FEET; THENCE SOUTH 26^27’53 ’’ WEST A DISTANCE OF 52.51
FEET; THENCE SOUTH 11"16’43" EAST A DISTANCE OF 118.56 FEET; THE
FOLLOWING FOUR (4) COURSES BEING COINCIDENT WITH THE SOURLY
BOUNDARY OF SAID PLAT; THENCE SOUTH 78^23’01 ’" WEST A DISTANCE OF 156.18
FEET; THENCE SOUTH 01"14’52" WEST A DISTANCE OF 106.21 FEET; THENCE NORTH
88^45’08" WEST A DISTANCE OF 148.02 FEET; THENCE NORTH 43/’40’02 ’’ WEST A
DISTANCE OF 56.66 FEET TO THE POINT OF BEGINNING.
CONTAIN~G 2.008 ACRES, OR 87,468.93 SQUARE FEET MORE OR LESS.
5
Resolution 47, 2002
Meeting Date: April 4, 2002
Date Prepared: March 21,2002
EXHIBIT B
I
I
Friday, March 8, 2002
South Trust Bank P tition SP-O I-8
Waiver Request:
Cotleur and Hearing, agent for SouthTrust Bank is seeking City Council approval of one
(1) waiver as permitted by the City of Palm Beach Gardens Land Development
Regulations (LDR), to allow relief from specific site development regulations.
1 )Permitted Signs.
LDR 78-285, Permanent signs shall be permitted as provided in Table 24.
Waiver Requested
The applicant is requesting a waiver from the number of permitted signs as outlined in
LDR section 78-285(Table 24: Permanent Signs). The requirement permits a maximum
of one fiat/wall sign per tenant space or bay. The waiver is to request that tenant signs
for each of two proposed tenants be allowed that have similar names to that of the
principal tenant.
SouthTrust Bank is proposing to place a permitted wall sign for the principal bank use.
Two ground floor tenants will each have a wall sign that meets the requirements of LDR
Sec. 78-285. Although the tenant signage will have the same wording to that of the
principal tenant sign, the tenants are separate entities/tenants within the same building.
As indicated at the Planning and Zoning .Hearing of 02/26/02 the tenant signage will
possess the same wording and logo as the principal use sign.
Justification:
The Principal building will house three tenants. One principal user and two ground floor
tenants will be accommodated by this development. The LDR Sec. 78-285 "Permitted
Signs" allows for ground floor tenants to place a wall sign for each. The wording of each
tenant sign in this particular instance is not in conflict with this LDR requirement, as the
code does not prohibit tenant signage to be different from principal use signage.
The Planning and Zoning Board recommended approval of this particular applicant
request with the condition that a minimum of six feet of stucco (vertical) is to be exposed
behind the principal use wall sign. In the case that the ground floor tenants wish to add
specific additional wording such as "finance "or" Mortgage Company to these permitted
wall signs, the applicant will seek additional approval from the City.
The applicant respectfully requests approval of the above outlined waiver as presented
herein.
South Trust Bank
Pa/m ~each Gardens. Flor/da
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Palm Beach ~rdens, Florida
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: March 21, 2002
Subject/Agenda Item: Awarding of Bid for Burns Road West (Military Trail to
Riverside Drive) Improvements.
Recommendation/Motion: Staff recommends City Council award of bid from Hubbard
Construction Company, the second low bidder, for the amount of $3,836,378.70.
City Atto rn~.,~..~,~"
/~i~;aMnce
Human Res.
Other
Submitted by:
BACKGROUND:
Originating Dept.:
Advertised: NA
Date:
Paper:
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
Costs: $3,836,378.70
Total
Current FY
Funding Source:
[ ] Operating
[ ] Other
Budget Acct.#::
Council Action:
[ ] Approved
[ ] Approved w/condltions
[ ] Denied
[ ] Continued to:
Attachments:
I
[ ] None
The City publicly advertised for bids for the Burns Road West (Military Trail to
Riverside Drive) Improvements and has received bids from the following:
¯Florida Blacktop, Inc. - $3,702,545.37
¯Hubbard Construction Company- $3,836,378.70
¯Community Asphalt- $3,839,622.00
Staff recommends rejecting the bid submitted by Florida Blacktop, Inc. and awarding
the contract to Hubbard Construction Company, the second low bidder, for the
amount of $3,836,378.70. Please refer to the attached memorandum.
Pc\\P:\00-4107B\w\Council Agenda Cover Memo
CITY OF PALM BEACH GARDENS
Mic~MORANDUM
TO:
FROM:
SUBJECT:
Ronald M. Ferris, City Manager Date: March 21, 2002
Clark, P.E., City Engineer ~’~O,/xag"Daniel P.
Awarding of Bid for Bums Road West (Military Trail to Riverside Drive)
Improvements
Staff is recommending City Council award of bid from Hubbard Construction Company,
the second low bidder~ for the amount of $3,836,378.70.
BACKGROUND:
The City publicly advertised for bids for the Bums Road West (Military Trail to
Riverside Drive) Improvements and has received bids from the following:
¯Florida Blacktop, Inc. - $3302,545.37
¯Hubbard Construction Company- $3,836,378.70
¯Community Asphalt- $3,839,622.00
DISCUSSION:
Bids for the referenced project were received on March 5, 2002 and were publicly opened
on that date at 2:00 PM. All bids were subsequently reviewed for accuracy and completeness by
staff. Staff recommends City Council reject the bid from Florida Blacktop, Inc., the apparent
low bidder, and accept the bid from Hubbard Construction Company for the following reasons:
According to FDOT requirements, which were incorporated into the contract documents for
the project, the prime contractor should perform at least 50% of the work. Florida Blacktop,
Inc.’s bid indicates that they, as the prime contractor, would be performing 17.9% of the
work, and that sub-contractors would be performing the remainder (82.1%) of the work.
The bidder did not mn line totals of bid items as required by FDOT specifications, which arc
a part of this bid document. Per Section 2-5.1 of the FDOT Specification for Road & Bridge
Construction 2000 edition:
"2.5.1 General: Submit proposals on the form described in 2-2. Show unit or lump sum
prices for all bid items in both words (not required by the bid documents) and figures, and
carry out all extensions. Fill in the prices and amounts with ink or typewriter. Initial
changes made to words (not required by the bid documents) or figures that are typewritten
written in ink. Any pay item that will provide free or at no cost to the Department (City)
shall be indicated as "Free" or "$0.00"" (Fill in the words [not required by the bid documents]
Agenda Item
and figu~s column), ff the pay item is left blank or a n/a is used the bid may be declared
irregular. Show the total of the bid on the face of the proposal."
The C~neral Terms and Conditions section of the bid documents clemly states that
improperly completed information or irregularities shall be sufficient cause to declare a bid
invalid or informal. It further provides that appendices and enclosures which axe improl~rly
prepared will, at the discretion of the Owner, be declared unacceptable.
The bidder did not submit evidence of qualification with the FDOT, as required by the bid
documents. This issue was clearly detailed at the mandatory pre-bid meeting, which was
attended by a representative of the bidding firm, as well as in the contract documents for the
project. This is a ground for disqualification of this bid, as noted at the end of the text of this
section. Per the Invitation to bid for this project, "In order to submit a bid, a Contractor must
be prequalified by the Florida Department of Transportation in accordance with the FDOT
Rule Chapter 14-22 in the following classifications: Grading, Drainage, Flexible Paving,
Portland Cement Concrete Paving, Hot Plant-Mix Bituminous Structural and Surface
Courses, Electrical Work (includes roadway lighting), Fencing, Guardr~l, Grassing, Sevding
and Sodding, Signing, Pavement Maxkings, Landscaping, Irrigation and Traffic Signals.
Certificate of Qualification must be submitted with th~ svalcd bid. Any bid submitted by a
Contractor, which is not pre-qualified in accordance with Rule Chapter 14-22, shall be
declared Irregnlar and will be rejected.
We do note, however, that this information was submitted upon request after the bids were
opened and reviewed.
RF~O~ATION:
The Instructions to Bidders clearly provide as follows: "The City reserves the right to
reject any or all bids, in whole or in part, with or without cause, to waive any informalities to
technicalities, and to make awards either as individual items or as a total combined bid,
whichever it considers to be in the best interest of the City of Palm Beach Gardens". For the
reasons set forth above, staff believes that the .award of the bid to Hubbard Construction
Company, the second low bidder, for the amount of $3,836,378.70 is in the best interest of the
City.
2
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 53, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AWARDING THE BID FOR THE BURNS ROAD
WEST IMPROVEMENTS TO HUBBARD CONSTRUCTION COMPANY
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City issued an Invitation to Bid for the construction of Improvements
to Burns Road from Military Trail to Riverside Drive ("Burns Road West Improvements"),
Project No. 00-4107B; and
WHEREAS, City staff has reviewed the three bids submitted in response to the
Invitation to Bid and has recommended that the City accept the bid of Hubbard
Construction Company in the amount of $3,836,378.70 and execute an agreement for the
construction of the Burns Road Improvements in accordance with the Contract Documents
prepared by LBFH, Inc. dated January, 2002; and
WHEREAS, the City Council determines that award of the bid to Hubbard
Construction Company is in the best interests of the residents and citizens of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "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 awards the project to Hubbard Construction
Company and accepts the bid in the amount .of $3,836,378.70. The City Council further
authorizes and directs the Mayor and City Clerk to execute an agreement for the
construction of the Burns Road West Improvements with Hubbard Construction Company
in accordance with the Contract Documents.
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
-1-
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:
ERIC JABLIN, MAYOR
CITY CLERK
I HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE:AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILPERSON CLARK
COUNCILPERSON RUSSO
COUNCILPERSON DELGADO
-2-
Bums Road West -EJCDC Agreement
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON.THE BASIS OF A STIPULATED PRICE
TI-£IS AGREEMENT is by and between The City of Palm Beach Gardens~ Florida (hereinafter called OWNER) and
.(hereinaRer called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The work consists of furnishing all labor, nmtedais, equipment, tools, supplies, fuel, transportation and services necessary to
construct a 5-Lane Roadway and a 4-Lane Divided Roadway, on Burns Road, from Military Trail to Riverside Drive, Project
No. 00-4107B, in the City of Palm Beach Gardens, Florida, per the lines and grades of the Plans including, but not limited to,
construction stakeout, mobil~zation / demobilization, maintenance of traffic, water quality, and siltation control, dewatering,
clearing and grubbing, earthwork, constructing detention pond, bulkhead wall, control structures, laying pipe, exfiltration
trench, inlets, manholes, water and force main, adjustment of manholes and utility appurtenances, videotaping of sewers,
retaining walls, concrete and wooden sidewalk, curb and gutter, traffic separator, endwalls, fencing, hand railings, milling of
existing asphalt pavement, stabilization, constructing base course, asphaltic concrete pavement, sodding, watering and
mowing, signalization, signing, and pavement markings, landscaping, root pruning and relocation of e)dsting trees, irrigation,
record drawings, and all incidentals to complete the improvements in accordance with the provisions of the Plans and
Specifications herein attached and as directed by the Engineer.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
The work is located in Palm Beach County, within the City of Palm Beach Gardens, Florida, along Burns Road, from ¯
Military Trail to Riverside Drive.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by
LBFH, INC. of Palm City, Florida.
who is hereinafter called ENGINEER and who is to act as OWNER’s representative, assume all duties and responsibilities,
and have the fights and authority assignedto ENGINEER in the Contract Documents in connection with the completion of the
Work in accordance with the Contract Documents.
ARTICLE 4 . CONTRACT TIMES
4.01 Time of the Essence
All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
C-1
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4.02
4.03
Days to Achieve Substantial Completion and Final Payment
The Work will be substantially completed within 9~70 days after the date when the Contract Times
commence to run as provided in the General Conditions, and completed and ready for final payment in
accordance with the General Conditions within 330 days after the date when the Contract Times commence
to run.
Liquidated Damages
Ao CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that Owner. will
suffer financial loss if the Work is no completed within the times specified above, plus any extensions
thereof in accordance with of the General Conditions. The parties also recognize the delays, expense and
difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER the. daily
amount specified in the General Provisions.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A, 5.01.B, and 5.01.C
below:
A.For all Work, at the prices stated in CONTRACTOR’s Bid, attached hereto as an exhibit.
(See Attached Bid Form Document for Unit Prices)
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Ar-!-ide-44-of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Co.nditi0ns.
6.02 Progress Payments; Retainage
1. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to ten (10%) percent of the Work completed, less such amounts as ENGINEER shall determine in
accordance with the General Conditions and less five (5%) percent of ENGINEER’s estimate of the value of Work to be
.completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of
Substantial Completion.
6.03 Final Payment
A. ’ Upon final completion and acceptance of the Work in accordance with the General Conditions,
shall pay the remainder of the Contract Price as recommended by ENGhNEER.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due is provided in the General Conditions shall bear interest at the rate of eight (8%)
annum.
C - 2-
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Burns Road West -EJCDC Agreement
ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance Of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulation~ that
may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions
or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions
provided in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site
which has’been identified in the Supplementary Conditions as provided in the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the
Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be
employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of
construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety
precautions and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance
with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site
that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A.The Contract Documents consist of the following:
1.This Agreement (pages C-1 to C-6, inclusive);
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Bums Road West -F_JCDC Agreement
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6.
7.
8.
Bid Bond (pages BB-1 to BB-2, inclusive);
(pages to , inclusive);
(pages __ to , inclusive);
General Terms & Conditions (pages GC-1 ...to GC-12, inclusive);
Supplementary Conditions (pages __ to .....inclusive);
Specifications as listed in the table of contents of the Project Manual;
Drawings consisting of a cover sheet and sheets numbered as shown on the cover sheet being a
total of 7..~1 pages, inclusive, with each sheet bearing the following general title:
City of Palm Beach Gardens
Burns Road - Military Trail to Riverside Drive
LBFH Project No: 00-4107B
Addenda (numbers to , inclusive);
Exhibits to this Agreement (enumerated as follows):
a.Notice to Proceed (pages ~ to , inclusive);
b.
c.
CONTRACTOR’s Bid (pages BP-1 to BP-7, inclusive);
Documentation submitted by CONTRACTOR prior to Notice of Award (pages
, inclusive);
The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
to
c.Change Order(s)._ .._
The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted
otherwise above).
C.
D.
Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
There are no Contract Documents other than those listed above in this Article 9.
The Contract Documents may only be amended, modified, or supplemented as provided in the General
P:~Oo-4107BXBid Does- West SectionWinal Bid Does as Bid on 03-05-02\CONTRACT - EJCDC Standard Form Agree.doe
10.02
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
Assignment of Contract
C-4
01118102 9:19 AM
Bums Road West -EJCDC Agreement
A.Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another
party hereto without the written consent of the party sought to be b.ound; and, specifically but without limitation, moneys that
-may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on ...
OWNER:
City of Palm Beach Gardens, Florida
By:
[CORPORATE SEAL]
Attest
Address for giving notices:
,2002 (which is the Effective Date of the Agreement).
CONTRACTOR:
By:
[CORPORATE SEAL]
Attest
Address for giving notices:
(If OWNER is a corporation, attach evidence of authority
to sign. If OWNER is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR
Agreement.)
License No.
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
C~5
P:\00-4107BkBid Docs- West SectionkDO NOT USE Old Bid Documents FOR REFERENCE ONLY’u~INAL BID DOCUMENTS NOT AS BIDkEJCDC
Standard Form Agree-A.doc 01116/02 11:01 AM
Bums Road Wesl -F~JCDC A~’eement
Designated Representative:
¯ ,,..Name:
Title:
Address:
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
Phone:
Facsimile:
C-6
P:\00-4107B\Bid Docs- West SectionkDO NOT USE Old Bid Documents FOR REFERENCE ONLYYFINAL BID DOCUMENTS NOT AS BIDXEJCDC
Standard Form Agree-A.doc 01/16/02 11:01 AM ;
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
SUBJECT/AGENDA ITEM
PUD-01-07 - Batt School
First Reading of Ordinance 16, 2002: A request by Cotleur-Hearing, agent for Robert A.
Wilcox, for a re-zoning from Planned Development Area (PDA) to a Planned Unit
Development (PUD) overlay with an underlying zoning of Public/Institutional (P/I) for
9.42-acre site. The applicant is proposing to construct a 50,203 square foot private
school with gymnasium, football field, and track. The subject site is located on the north
side of Hood Road, west of the Interstate 95 overpass and east of the Turnpike
overpass. (35-41S-42E)
RECOMMENDATION
Staff recommends Council hold a workshop to discuss staff concerns regarding the site plan.
Reviewed by:
Principal Plan n~,~~~
Finance NA
Human Res. NA
Submitted by:
Growth ’t~
Manage~
Director( /k", (~
Charles K. Wu, AICP
Approved by.~-~ ~
City Mana.g/er~~
Ronald M. FLU/Is/
Originating Dept.:
Growth
Management:
Project ~
Manager
Kara Irwin
Advertised:
Date: 11/19/01
Paper: Palm Beach Post
[ ] Not Required
Affected 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
[ ] Rec. approval
[X] Rec. app. w/conds.
[ ] Rec. Denial
[ ] Continued to:__
Attachments:
¯ Table 1
¯ Table 2
¯ Ordinance 16, 2002
¯ Applicant Waiver
Justification
¯ Site Plan
¯ Landscape Plan
¯ Elevations
[ ] None
City Council
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
Petition PUD-01-07
BACKGROUND
This is a vacant parcel of land with Planned Development Area zoning and there have been no
previous approvals by the City affecting the site. The applicant currently leases space at the
Plaza Del Mar in the Town of Juno Beach for 150 students; however, the enrollment has
outgrown the space. The applicant has requested approval for 330 students at this time, with
plans to return in the future to request an increase in enrollment.
LAND USE & ZONING
The subject site is currently zoned Planned Development Area (PDA). The petitioner
proposing a Planned Unit Development (PUD) zoning with an underlying zoning
Public/Institutional (P/I). The Comprehensive Plan requires that all lands currently zoned PDA
be rezoned to either Planned Unit Development or Planned Community District. The property
presently has a future land-use designation of Residential Low (RL), and is designated
Residential Low on the Vision Plan.
CONCURRENCY
The applicant received conditional concurrency from the City on September 5, 2001, for fewer
than 1,000 trips.
The applicant intends to operate a private school offering Kindergarten through High School
(12th grade) education. The school’s proposed enrollment is kept at 330 students, in order to
limit the total number of external trips generated by the site to under 1,000 trips per day. This
avoids a lengthy review by Palm Beach County Traffic Engineering. In the future, if the school
plans to enroll additional students in excess of the 330 approved by the concurrency review, the
application will be required to undergo a cumulative review of traffic concurrency.If the
cumulative total of trips is in excess of 1,000 trips, the County must review the request.
PROJECT DETAILS
Existinq Conditions
No totally intact natural vegetative communities exist on the Batt School site at this time, and
much of the original vegetation has been removed and replaced with improved pasture and
exotic vegetation. The entire parcel contains a few remnant slash pines, laurel oaks, sabal
palms, and most of the exotic vegetation is concentrated on the fence line surrounding the
property. There are no federal or state jurisdictional wetlands found on the Batt School site. To
the north, east and west are vacant lands. To the south, across Hood Road, is the residential
community of Westwood Gardens/Lakes.
The petitioner is proposing a 50,203 square foot educational facility, which will include
classrooms, a gymnasium, administrative and media centers, physical education facilities, food
service facilities, a track, and a football field. The facility has concurrency for 330 students for
grades K-12.
2
City Council
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
Petition PUD-01-07
Art in Public Places
The petitioner has been informed of the Art in Public Places requirement, should the cost of
development exceed $1,000,000.00. The petitioner has indicated that the entrance fountain
would be used as a location for art in public places, if required.
Site Access
The petitioner is proposing two access points onto Hood Road. The centrally located main
entrance will provide for stacking and a drop-off/pick-up area. The second access point is
located along the west property line and is designated as an exit only.
The petitioner will be providing a 6-foot meandering pathway along Hood Road, as well as a 5-
foot sidewalk along the entrance road into the school. This will be part of an overall
pedestrian/bike system, which will tie into an overall citywide system.
S(qnac/e
The applicant will submit a separate signage petition for review by the Planning and Zoning
Commission and the City Council.
Landscaping & Buffers
Section 78-250 of the Code of Ordinances requires preservation of 25% of environmentally
significant lands. The petitioner shall be providing 0.83 acres of preserved upland native
community on site to satisfy the requirement.
The petitioner shall be providing a total of 11,596 landscaping points, required for the 35.07%
open space provided, which is more than double the required 15% open space for non-
residential development.
The site lies within the Hood Road Parkway, which requires a 90’ parkway easement with a 6’
meandering sidewalk. The applicant has met the requirements of the conceptual Hood Road
parkway cross section provided in the Land Development Regulations.
Parking
Based on Land Development Regulations Sec’tion 78-345, elementary schools require one
space per classroom, plus one space per 250 square feet of office, plus one pick up/drop off
space per ten students, and High Schools require one space per classroom, plus one space per
250 square feet of office, plus one space per three students. The petitioner is proposing
approximately 42 classrooms, 4,156 square feet of office space, 225 Elementary-Middle School
students, and 105 High School students, equating to approximately 117 parking spaces
required. The petitioner is proposing 118 parking spaces. These spaces shall be located
adjacent to the administrative and academic buildings and adjacent to the athletic facilities.
The petitioner is requesting a waiver to allow a one-foot reduction in the width of the parking
stalls on the site. The code requires that additional square footage of open space be provided
at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced. The
applicant has provided additional open space on site to meet the waiver requirement.
The school has not provided a bus loop, since it is a private school without bus service.
3
City Council
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
Petition PUD-01-07
Site L(qhting
The applicant is not proposing to light the athletic field on site, since it will not be used during
the nighttime. The lighting plan, provided for the vehicular parking area, meets the lighting
requirements for parking areas adjacent to residential places.
Phasing
The petitioner has indicated that the development will be constructed in one phase.
Waiver Requests
Code Section Required Provided Waiver Recommendation
Section78-319(a)-
Minimum Landscape 8’5’3’Support (1)
Buffer
Section 78-250(a)(3)(a) Min. 100’Preserve Area width/length 78’22’Support (2)
Requirements
Section 78-154(g)(7)
Minimum Development 50 acres 9.42 acres 40,58 acres Support (3)
Area
Section 78-344 (I)
Parking Stall and Bay 10’X 18.5’9’ X 18.5’1 foot in width Support (4)
Dimensions
(1)
(2)
(3)
The applicant has requested a waiver from the minimum buffer requirement of eight (8)
feet to allow a five (5) foot buffer along the service road at the rear of the buildings.
Planning and Zoning staff support the request, since the applicant has provided
adequate or excessive buffers along the remaining perimeter areas on the site. The
Comprehensive Plan also permits a minimum buffer width of five (5) feet for public and
institutional uses such as schools.
The City Forester supports the request for the waiver from the Preserve Area
requirement of a minimum 100’ width~length. The area backs up directly to a wooded
area, which will provide for an extension of the preserve area, which can be
incorporated into future plans for the surrounding area.
The applicant has also requested a waiver to the Minimum Development Area of 50
acres required for a Planned Unit Development (PUD). Since the parcel is zoned
Planned Development Area (PDA), the code requires the applicant to re-zone to
Planned Unit Development (PUD) or a Planned Community Development (PCD) prior
development of the site. The site cannot meet the minimum area requirements of either
overlay-zoning categories; however, does have adequate area to develop a school.
The applicant has requested to re-zone the parcel to meet the requirements of the
City’s Code; therefore, Planning and Zoning staff support the waiver request.
4
City Council
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
Petition PUD-01-07
(4)Lastly, the applicant has requested a waiver from the minimum parking stall width
requirement of ten (10) feet to allow nine (9) foot parking stalls. The code specifically
requires a ratio of 1.5 square feet of additional open space for each square foot of
parking area that is reduced. The applicant has provided the calculations to show the
justification for the waiver. The applicant has provided almost twice as much open
space as is required by Code.
The Planned Unit Development approval allows for the granting of waivers by the City Council in
exchange for increased development standards such as additional aesthetic improvements or
development requirements of the applicant in exchange for the approval of the requested
waivers.
The applicant’s justification, which is adequate for the Planning & Zoning staff to analyze and
support all waivers, is attached. The City Engineer is a consultant that provides strict technical
review and support for the City, and therefore, does not support any requests outside of the
Code requirements.
TRAFFIC MANAGEMENT PLAN
Per conditions of concurrency review, the applicant was required to submit a traffic
management plan evaluating traffic circulation within the site as well as traffic operations at
project driveways. The traffic study was to show AM and PM peak hours of the school and
determine queuing lengths during drop-off and pick-up periods and appropriate on-site storage.
City Staff expressed the concern to the agent that the current layout didn’t have the extensive
queuing required for the number of students currently proposed, so that Hood Road would not
be affected during peak hours. As a result of the agent’s reluctance to revise the site plan, City
Staff recommended a revised management plan to mitigate the potential problems.
The applicant submitted a traffic management plan for the approved number of students. The
plan includes staggering drop-off and pick-up times, on-site traffic control, and additional drop-
off/pick-up areas on site. The applicant has worked with the City Engineer to create conditions
of approval to address these concerns. The conditions of approval are extensive and require
the applicant to submit a study should it be determined that a problem exists.
In staff’s professional opinion, the applicant should revise the site plan at this time to alleviate
the traffic management concerns, as opposed to dealing with the potential problems once
development of the site is completed.
PLANNING & ZONING COMMISSION
A workshop for this application was held on September 25, 2001, at which time staff requested
that the Planning & Zoning Commission provide direction for the applicant and staff on the
issues of circulation and architecture.
5
City Council
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
Petition PUD-01-07
The Commission recommended that the applicant alter the traffic circulation to remove dead
end parking areas. The applicant revised the parking area in the rear of the school and the
parking area to the west of the school entranCe. The re-configuration allows the traffic to
circulate at a complete turnaround.
The Planning & Zoning Commission recommended that the applicant provide additional details
on the west and north (rear) elevations. The applicant provided additional details to the
windows and revised the elevations to include a wainscoting on the exterior of the buildings,
including the south (front) and east elevations.
On December 11, 2001, the Planning & Zoning Commission recommended approval of the
petition with a vote of 7-0. The Commission had a concern regarding the lack of fencing around
the entrance lake features and required the applicant to provide 42"-48" vinyl coated fencing
around the entire perimeter of the lakes as a measure of safety for the children. The applicant
has modified the plans to include the fencing, which was made a condition of approval.
Staff contacted the Palm Beach County School District (PBCSD) for information on current
regulations regarding waterbodies. The PBCSD requires fencing around waterbodies over
twelve (12) inches deep, but private schools are not required to fence waterbodies.
STAFF RECOMMENDATION
Although the site plan can be supported with the conditions of approval submitted by the City
Engineer, it is staff’s professional opinion that the enforcement of such conditions would be
difficult and costly.
Staff recommends that City Council hold a workshop to discuss the traffic management issue
and direct the applicant to revise the site plan to adjust the queuing around the perimeter of the
proposed school. Another possibility is for the applicant to acquire additional land to relieve
some circulation and queuing problems.
6~
City Council
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
Petition PUD-01-07
Subiect Property
Vacant
EXISTING USE ZONING LAND USE
PDA
(Planned Development Area)
North
Vacant
South
Westwood Gardens/Lakes
West
Vacant
East
Vacant
PDA
(Planned Development Area)
Planned Unit Development
(PUD) overlay with
underlying zoning of Residential
High (RM)
PDA
(Planned Development Area)
PDA
(Planned Development Area)
Residential Low (RL)
Residential Low (RL)
Residential Low (RL)
Residential Low (RL)
Residential Low (RL)
~~ ~~iSTEN~ THE CODE
Code Requirement Propose~ Plan Consistent?
Minimum Building Site Area Nofor PUD:9.42 acres
50 acre ~(WAIVER REQUESTED)
Minimum Site Width=658.47 feet Yes
100 feet
Maximum Building Lot 12%Yes
Coverage
40%
Maximum Building Height =1story Yes
45 feet
Front Setback =195 feet (parking area)Yes
25 feet
Side Setback =80 feet Yes
15 feet
Rear Setback =28 feet Yes
15 feet
7
Meeting Date: April 4, 2002
Date Prepared: March 19, 2002
ORDINANCE 16, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
THE APPROVAL OF AN APPLICATION FOR A REZONING
OF APPROXIMATELY 9.42-ACRE PARCEL OF LAND
FROM PLANNED DEVELOPMENT AREA (PDA) TO A
PLANNED UNIT DEVELOPMENT OVERLAY ZONING
DISTRICT (PUD) WITH A UNDERLYING
PUBLIC/INSTITUTIONAL (P/I) ZONING, TO BE KNOWN
AS "BATT SCHOOL," BY APPROVING THE
CONSTRUCTION OF AN APPROXIMATELY 50,203
SQUARE-FOOT PRIVATE SCHOOL WITH GYMNASIUM,
FOOTBALL FIELD, AND TRACK, LOCATED ON THE
NORTH SIDE OF HOOD ROAD, WEST OF THE
INTERSTATE 95 OVERPASS AND EAST OF THE
TURNPIKE OVERPASS, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR WAIVERS;
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 (PUD-01-07)
from Cotleur Hearing, agent, for approval of a rezoning of approximately 9.42 acres of
land from Planned Development Area (PDA) to a Planned Unit Development (PUD)
overlay with a Public/Institutional (P/I) underlying zoning district to allow a 50,203 square-
foot private school with gymnasium, football field, and track, located on the north side of
Hood Road, west of the Interstate 95 overpass and east of the Turnpike overpass, as
more particularly described in Exhibit "A" attached hereto; 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
the planned unit development (PUD) known as "The BATT School"; and
Ordinance 16, 2002
Meeting date: April 4, 2002
Date Prepared: March 19, 2002
WHEREAS, on December 11,2001, the City’s Planning and Zoning Commission
has reviewed said application and recommended its approval, including the requested
waivers, subject to conditions of approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the re-zoning of an approximately 9.42 acre parcel of land from Planned
Development Area (PDA) to a Planned Unit Development (PUD) overlay with
Public/Institutional (P/I) underlying zoning district, known as "The BATT School", and the
construction of a 50,203 square foot private school with gymnasium, football field, and
track, located on the north side of Hood Road, west of the Interstate 95 overpass and
east of the Turnpike overpass, as more particularly described in Exhibit "A" attached
hereto and incorporated herein.
SECTION 2. Said Planned Unit Development is approved subject to the following
conditions, which shall be the responsibility of the applicant, its successors or assigns:
Surface Water Manaqement
No construction of any portion of the Surface Water Management System shall be
undertaken without first submitting to the City plans, specifications, and supporting
calculations for review and approval by the City. Further, the applicant shall provide
the City with all correspondence to and from Northern Palm Beach County
Improvement District and South Florida Water Management District regarding the
Surface Water Management System. (City Engineer)
Transportation /Traffic Concurrency
Prior to issuance of the first Certificate of Occupancy, the applicant, successors, or
assigns shall provide an exclusive right-turn lane with minimum storage of 295 feet
plus a fifty-foot (50’) taper along Hood Road at the eastern project driveway. This
right-turn lane shall extend to the western project driveway. (City Engineer)
The total capacity for this site at completion shall be limited to a maximum of 225
Elementary-Middle School students and 105 High School students. The total number
of students shall not exceed 330 as indicated in the traffic impact analysis. An annual
report indicating the number of students shall be submitted to the City on or before
September 1st of each year, until the build-out date occurs. Any increase of
enrollment beyond the specified numbers contained herein shall require additional
concurrency review and approval by the City and Palm Beach County. (Planning
Zoning and Code Enforcement)
2
Ordinance 16, 2002
Meeting date: April 4, 2002
Date Prepared: March 19, 2002
4.The build-out date of this project is December 31,2003 as referenced in the August
13, 2001 Concurrency Traffic Impact Analysis. For the purposes of this condition, the
project shall be considered built-out if the student enrollment has reached the level as
indicated in the traffic impact analysis. (Planning & Zoning)
5.Two traffic studies shall be prepared and presented to the City for review and
approval. The first study is required once the school has reached 75-percent student
capacity (248 students), and the second study is required once the school has
reached 100-percent student capacity (330 students). These studies shall analyze
traffic operations along Hood Road and the project driveways during three
consecutive school days. It shall identify existing queuing lengths for vehicles
entering the site during school days and conflicts with through vehicles on Hood
Road. (City Engineer)
6.At such time as the required traffic studies indicate that the through traffic along Hood
Road is being impacted by school generated traffic, then the applicant shall
implement the following:
a. The applicant shall provide off-duty police control along Hood Road during the
peak school hours. If after two months, the applicant deems the off-duty police
control is no longer necessary, then the applicant may submit a new traffic study
to the City for review to determine if the off-duty police control is needed. If
removal of the off-duty police control is approved, the City will reserve the right to
require off-duty police control at any. time, to be paid for by the applicant, if the
through traffic on Hood Road is being impacted in the future. The City also
reserves the right to request a traffic study, to be paid for by the applicant, to
determine if the off-duty police control is sufficient to eliminate the impact on Hood
Road.
b. The applicant shall implement an Alternate Traffic Circulation Plan to allow
additional vehicle storage, within two months of the approval of the traffic study
referenced in subsection (5). Within one month of the implementation of the on-
site circulation improvements, a new traffic study shall be prepared by the
applicant and presented to the City: for review and approval. The study shall
analyze traffic operations along Hood Road and the project driveways during three
consecutive school days. It shall identify existing queue lengths for vehicles
entering the site during school days and conflicts with through vehicles on Hood
Road.
CPTED Conditions
Metal halide lighting is required. (Police)
All classroom doors shall have windows 3" X 18" glass portals with wire mesh as
reinforcement. (Police)
There shall be no nighttime outdoor athletic activities on the site. (Planning & Zoning)
3
Ordinance 16, 2002
Meeting date: April 4, 2002
Date Prepared: March 19, 2002
Landscaping and Maintenance
10.Within six (6) months of this approval, the applicant, successors or assigns shall
install and maintain in perpetuity, the Parkway System, including landscaping and
irrigation, or no further permits or inspections will be issued for the project site, until
said landscaping and irrigation are completed. (Planning & Zoning)
11.Prior to the issuance of final Certificate of Occupancy, all exotic vegetation shall be
removed from the site. (City Forester)
12.Unless higher fencing is required, a 42"-48" black or green vinyl chain link fence shall
be placed around both lakes with landscaping, approved by the City Forester, on the
outside of the fence. The fence shall be covered with confederate jasmine. (Planning
& Zoning)
13.At time of planting, the live oaks shall be 14’-16’ in height; magnolias 14’-16’ in height;
and the mahoganies 12’-14’ in height. (Planning & Zoning)
SECTION 3. The following waivers are hereby granted with this approval:
1. Section78-319 (a)- Minimum Landscape Buffer, to allow for a minimum 5-foot rear
landscape buffer. The Land Development Regulations require a minimum of 8 feet.
2. Section 116(a)(3)(a), Minimum Dimension and Total Area of Preservation Areas,
allow for a minimum 78-foot width. The Land Development Regulations require a
minimum of 100 feet in width.
3.Section 78-154(g)(7) - Minimum Development Area for PUDs, to allow a maximum
development area of 9.42 acres. The Land Development Regulations require a
minimum of 50 acres.
4.Section 78-344 (I), Parking Stall and Bay Dimensions, to allow for 9’ X 18.5’ standard
parking stalls. The Land Development Regulations require 10’X 18.5’ parking stall
dimensions.
SECTION 4. Construction of the Planned Unit Development shall be in
compliance with the following plans on file with the City’s Growth Management
Department:
1.March 6, 2002, Site Plan by Cotleur & Hearing, Sheet 1 of 1.
2.March 6, 2002, Landscape Plan by Cotleur & Hearing, 3 Sheets.
3.August 1,2001 Photometrics by Cotleur Hearing, Sheet 1 of 1.
4.September 25, 2001, Preliminary Site Plan, Floor Plans, and Elevations by Peacock
and Lewis, Sheets SD-1 through SD-7.
5.Letter dated March 7, 2002, from Kahart Pinder to Sean Donahue, 1 page.
4
Ordinance 16, 2002
Meeting date: April 4, 2002
Date Prepared: March 19, 2002
SECTION 5. 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 6. All ordinances or parts of ordinances of the City of Palm Beach
Gardens, Florida, which are in conflict with this Ordinance are hereby repealed.
SECTION 7. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF 2002.
PLACED ON SECOND READING THIS DAY OF 2002.
PASSED AND ADOPTED THIS DAY OF 2002.
SIGNED:
MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO
COUNCILMAN DAVID CLARK COUNCILWOMAN ANNIE DELGADO
COUNCILMAN JOSEPH R. RUSSO
ATTEST BY:
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY CLERK CITY ATTORNEY
5
Ordinance 16, 2002
Meeting date: April 4, 2002
Date Prepared: March 19, 2002
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMAN CLARK
COUNCILMAN RUSSO
COUNCILWOMAN DELGADO
AYE NAY ABSENT
6
Ordinance 16, 2002
Meeting date: April 4, 2002
Date Prepared: March 19, 2002
EXHIBIT A
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 41 SOUTH,
RANGE 42 EAST PALM BEACH COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SW 1/, OF THE NE 1/, OF T:HE NW 1/, OF SAID SECTION 35,
TOWNSHIP 41 SOUTH RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, LESS AND EXCEPT THE RIGHT-OF-WAY FOR HOOD ROAD.
7
/n~roducCion:
TT Gchoo/
Waiver Request Document
The BATT School is seeking Council approval of four (4) waivers as permitted by the
City of Palm Beach Gardens Land Development Regulations (LDR) for various
development regulations pertaining to site plan approval. The 9.42-acre parcel is
located on the north side of Hood Road, between the Florida Turnpike and Interstate 95.
The site will be developed as a 44,969 square foot private school. The project, as
proposed, is compatible with the character of the surrounding area. The project is also
consistent with the City’s Comprehensive Land Use Plan and the requirements of the
Land Development Regulations.
Cot~ur & Hearing
1934 Commerce Lane, Suite 1
Juplter, Florida 33458
561 747 6336 Fax 747 1377
Waiver Justification
BATT School
August 31, 2001
Waiver Kequests:
Minimum Perimeter Landscape BuFFers
Section 160(a) "Minimum landscape buffer requirement"
Section 160(a) requires a minimum 8’ wide landscape buffer for all perimeter landscape
buffers. A waiver to this requirement is requested for a portion of the north boundary of
the site. All other perimeter buffers meet or exceed the LDR requirement.
The requested buffer width reduction is irequested to accommodate the required
minimum pavement width of 20’ for the service access road to the rear of the site. It
should be noted that the requested reduced buffer is less than 50% of the boundary and
very little traffic is anticipated in this area of the site. The remaining area of the north
boundary is designated as preservation which will screen any future development. Also,
Policy 1.1.1.7.2.e of the Future Land Use Element of the Comprehensive Plan permits a
minimum buffer width of 5’ for public and institutional uses such as schools.
Minimum Preservation Width Reqdrement
Section 116(a)(3)(a) "Minimum Dimension and Total
Section 116 of the LDRs requires a minimum 100’ width for preserve areas. A reduction
in this requirement is requested to allow a minimum width of approximately 80’. The
proposed on site preservation area meets the acreage requirement, but can not meet
the minimum width requirement. It is anticipated that when the site to the north is
developed, preservation will be provided adjacent to this proposed preservation site
which will increase to overall size of the preserve area.
Minimum Parking Space Width
Section 179(L)(1) "Minimum Dimensions"
Section 179(L)(1) of the LDRs specifies a standard parking space dimension as
18.5’. The LDR also permits 9’ x 18.5’ parking stalls for office uses and 9.5’ x 18.5’ for
commercial and retail uses. This request is for a reduction in the typical parking space
for the BATT School to 9’ x 18.5’. A school is similar to an office use in that very little
parking space turnover occurs during the day. Once a student or teacher is at the
school, they usually will remain until the end of the day. Therefore, a reduced parking
stall is functional and reduces the amount of impervious surface on the site. As required
Cotleur & Hearing 2
1934 Commerce Lane, Suite I
Jupiter, Ftorlda 33458
561 747 6336 Fax 747 1377
Waiver Justification
BATT School
August 31, 2001
by code ratios, additional landscape has been provided for the reduction in parking
space area.
M/n/mum PUD Acreage
Table 14 "Minimum PUD Development Size"
Table 14 of the LDRs establishes the minimum PUD acreage for sites located north of
PGA and east of the Florida Turnpike at 50 acres. The BATT School site is located
within this geographic area and is 9.42 acres.
The BATT School site is currently located within RL land use and the PDA zoning
district. The Palm Beach Gardens Comprehensive Plan requires that all PDA sites
become a PUD. Based on this Comprehensive Plan requirement, we have requested a
residential PUD with RL-1 underlying zoning. The site could be developed according to
the RL-1 development standards without .a PUD classification. A PUD has been
requested to satisfy the Comprehensive Plan requirement.
Cotleur & Hearing
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
561 747 6336 Fax 747 1377
3
PINDER TROUTMAN CONSULTING, IN(:.
Transportation Planners and Engineers
March 7, 2002
Mr. Sean Donahue, P.E.
LBFH, Inc.
3990 SW Corporate Parkway
Palm City, FL 34990
Re: Bait Private School - #PTC00-158
Dear Mr. Donahue:
2324 South Congress Avenue, Suite 1H
West Palm Beach, FL 33406
(561) 434-1644 Fax 434-1663
Email: pindertroutman@msn.com
This letter is in response to your request for a copy of the starting / ending times of the Batt School.
Currently, the school begins at 8:45 AM and ends at 3:00 PM. There are a total of 165 students.
The pre-Kindergarten classes (consisting of 20 children) are dismissed at 2:00 PM.
When the Hood Road school site opens, it is the School Officials’ intent to use the following
schedule for the school’s 330 students:
Morning drop-off begins
Commencement of School
Commencement of Pre-Kindergarten
Time Number of Students
8:00 AM
8:45 AM 290
9:00 AM 40
Dismissal of Pre-Kindergarten
Dismissal of Elementary
Dismissal of Middle School
2:00 PM 40
2:45 PM 190
3:15 PM 100
Please note that approximately 50% of the student population has siblings attending this school, so
some flexibility will be given to the parents regarding drop-off / pick-up times. Otherwise, the
parent~ may be increasing the number of trips made to the school each day.
I anticipate that this letter will satisfy the City’s requirement. However, if you should have any
questions, please contact me.
Very truly yours,
Principal
CC:Roy Yarnell
Brian Cheguis
Letter Donahue 00-158
Palm Beach Gardens, FL
|
~ latt ~chool
Palm Beach Gardens, Fla.
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Th~ ~att ~chool
Palm Beach Gardens, Fla.
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Palm Beach Gardens, Fla.
CITY OF PALM BEACH GARDENS CITY COUNCIL
~ Agenda Cover Memorandum
Meeting Date: April 4, 2002
Date Prepared: March 15, 2002
Subject/Agenda Item: Workshop for Resolution 175, 2001, adopting a citywide traffic
calming policy for the planning and implementation of a traffic calming measures for city
collector and local streets.
Recommendation/Motion: Staff recommends a directive from the City Council to proceed
with the adoption of Resolution 175, 2001, to establish a policy for the evaluation and
implementation of traffic calming measures throughout the city.
Reviewed by~
city Attorne~(_~’
Finance
Other
Growth Mgt. Director
Approved(~~
City Mana"~e/’"/~
BACKGROUND:
Originating Dept.:
Planning Division
Costs: $ N/A
Total
$ N/A
Current FY
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
--[~ ] Notified
[ ] Not required
Funding Source:
Operating
Other
Budget Acct.#:
Council Action:
[ ] Approved
[] Approved wt conditions
[ ] Denied
[ ] Continued to:
Attachments:
1.Resolution 175, 2001
2. Memo. from the Fire
Department dated
December 10, 2001
[ ] None
In the past months, the City Council and the City staff have received requests for traffic calming in
residential areas on collector and local streets. These requests focus on concerns about increased
traffic volumes, speeding and cut-through traffic. As an example, a public meeting was recently
organized by the City to hear citizen concerns about traffic on MacArthur Boulevard and Lighthouse
Drive. Residents at the meeting indicated that drivers are using these roadways to go from Northlake
Boulevard to Alternate A-1-A. An action plan has been prepared to address traffic concerns in this
area. However, a citywide policy is needed to evaluate and rank requests for traffic calming. Such a
policy is needed due to the potential for numerous requests, the considerable costs to design, install
City Council meeting: April 4,2002
Date prepared: March 15, 2002
Resolution 175,2001
Traffic calming policy
and maintain traffic calming measures, and the limited financial resources to address these requests.
The attached Resolution 175, 2001, establishes the City’s support for traffic calming, outlines the
process to request and evaluate traffic calming, and describes the various traffic calming measures
that are supported by the City. A ranking system is including in the policy to determine ifa request
for traffic calming is warranted. This system considers criteria such as traffic speed, traffic volumes
and the availability of pedestrian facilities. This ranking system would apply to each segment of a
roadway, as opposed to the entire roadway.
The funding for the installation and maintenance of traffic calming measures is left to the discretion
of the City Council. Such funding may come from the city or may be provided by property owners
associations or homeowners associations.
It is anticipated that warranted traffic calming measures would be installed over a period of time.
Traffic control signs and pavement markings may be installed as phase one measures and more
permanent improvements installed as the funds become available.
Various City departments and consultants, such as Growth Management, Engineering, Police, Fire
and Public Works, are to be involved in recommendations to the City Council regarding the
installation of traffic calming measures. The City Council will make the final determination if a
traffic-calming request is warranted and how to fund the installation and maintenance.
Some of the recommended traffic calming measures include signs, pavement markings, narrow
pavement widths, with medians and landscape islands, and constrictions or pinch points. A
memorandum dated December 10, 2001, from the Fire Department (copy attached) indicates that
grade changes are detrimental to response times and to emergency personnel and vehicles. However,
such traffic calming measures are included in the policy as approvable if it can be demonstrated that
emergency response times are not negatively impacted. In light of the City Council’s adoption of
Resolution 156, 2001, in support of interconnectedness of city streets, street closures are not
supported in the policy.
STAFF RECOMMENDATION
Staff recommends that the City Council conduct a workshop discussion regarding the proposed
traffic calming policy, and direct staff to make any needed revisions and place Resolution 175, 2002,
on a future agenda for adoption.
g :\sc\txt\trafcalmcc031502
March 18, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 175, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ADOPTING A CITYWlDE TRAFFIC CALMING
POLICY FOR THE PLANNING AND IMPLEMENTATION OF A TRAFFIC
CALMING MEASURES FOR CITY COLLECTOR AND LOCAL STREETS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Growth Management Department and the City Engineer are
responsible for planning street modifications in the City including, but not limited to, traffic
calming measures; and
WHEREAS, the City of Palm Beach Gardens has received requests for the approval
of traffic calming measures; and
WHEREAS, traffic calming employs principles of street design which promote self-
enforcement, as distinct from "traffic control devices" that regulate, warn or inform, and
then rely on drivers to understand or follow them; and
WHEREAS, this traffic calming Policy provides residents, property owners,
neighborhoods, business owners, business associations, City staff and the City Council the
same opportunities for initiating traffic calming within their respective streets,
neighborhoods, corridors or districts.
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 traffic calming and its related
transportation planning issues within the City of Palm Beach Gardens.
SECTION 2. Traffic calming projects may be initiated by residents, property owners,
neighborhood associations, business owners, business associations, City staff, the City
Council or any other persons that are entitled to services provided by the City. Traffic
calming proposals may be initiated by letter, petition or City Council directive at any time.
All requests for traffic calming should include the location of the problem, a detailed
description of the problem (i.e., excessive traffic speed or traffic volume, time of day the
problem occurs, etc.) and an indication of the cause of the problem (e.g., cut-through
traffic, insufficient traffic controls, etc.). The City, another governmental agency,
property owners association or a homeowners association may fund traffic calming
improvements and maintenance, as approved by the City Council.
SECTION 3. Traffic calming projects shall be processed by the Growth
Resolution 175, 2001 March 18, 2002
Management Department and approved by the City Council employing the process that is
in the best interest of the City. Review and recommendations shall be obtained from the
following City departments before approval is requested from the City Council: City
Engineer, Fire, Parks and Recreation, Police and Public Works. The Growth
Management Department, in conjunction with the Citizen Services Division, shall
coordinate public workshops, meetings or provide other opportunities for public input and
education.
SECTION 4. The scoring system below shall be used to evaluate requests for traffic
calming. Each street segment shall be assigned a numerical score based on this scoring
system. A minimum of 50 points is needed to warrant the consideration of traffic calming
measures for a roadway segment, unless waived by the City Council.
BASIS FOR
CRITERIA POINTS POINT ASSIGNMENT
Traffic speed 0 to 50
Traffic volume
Traffic accidents
Schools
Pedestrian generators
0to5
0or5
0to 10
0to 15
Percentage of vehicles
traveling 10 mph over the
posted speed (1 point for
every 1 percentage)
Average daily traffic volumes
(1 point for every 1,000 cars
over 5,000 vehicles per day)
5 points if traffic collisions
have increased on the
subject roadway segment
over the past three years
5 points for each 20-mph
school zone on the project
street
5 points for each public
facility (such as parks and
community centers) that
generates a significant
number of pedestrians on
the street
Bicycle routes 0 or 5 5 points if the street is a
designated bicycle route
Transit street 0 or 5 5 points if the street is a
designated transit route
Pedestrian facilities 0or5 5 points if there is no
sidewalk on at least one side
of the street
TOTAL POSSIBLE POINTS 100
2
Resolution 175,2001 March 18, 2002
The scores for each street segment are added together. All street segments are then
compared with each other. Those with the most total points are ranked the highest.
Once a request for traffic calming is evaluated, the City staff will send a letter to the person
or organization requesting traffic calming describing the outcome of the staff investigation.
If the street segment is a candidate for traffic calming, the letter will define the traffic
calming implementation process. Otherwise, the letter will explain how the determination
was made that the segment was not a candidate.
SECTION 5. The City Council hereby approves the following categories of traffic
calming measures including, but not limited to, the following:
Signs - installation of traffic control signs including speed limit, parking and turn
restrictions, and school zone signs;
Pavement markings - including lane width changes and the addition of centerlines,
edge lines, school crossings and speed limit pavement markings;
Lateral changes in the street design (e:g., chicanes, offset intersections and lateral
shifts);
4.Constrictions (e.g., narrowings, pinch points and islands);
5.Narrow pavement widths (e.g., medians and edge treatments);
Entrance features, traffic circles, and small corner radii and related streetscaping
(e.g., surface textures, edge treatments and colors, landscaping, street trees and
furniture); and
Grade changes, such as speed bumps or humps and traffic tables, only if it can be
demonstrated that emergency response times ’are not negatively impacted and if
80% of the property owners along that particular street segment supports them.
These categories are intended to allow traffic calming to remain innovative and capable of
being adapted to various situations.
SECTION 6. Several goals must be applied in order to achieve the intended results
of traffic calming. The City Council hereby adopts the following traffic calming goals, which
include, but are not limited to:
1.Maintain or increase the quality of life;
Resolution 175, 2001 March 18, 2002
2.Maintain the residential character of residential neighborhoods;
3.Incorporate preferences and requirements of people using the area (e.g., working,
playing or residing) in, on or along streets to be traffic calmed;
4.Create safer and more-attractive streets;
5.Help to reduce negative effects of motor vehicles on the environment (e.g.,
pollution, sprawl development);
6. Promote pedestrian, bicycle and transit use; and
7.Consider the effects on the delivery of public safety services.
SECTION 7. Traffic calming objectives for achieving the goals in the preceding
section include, but are not limited to:
1.Achieve slow speeds for motor vehicles;
2.Reduce vehicle collision frequency and severity;
3.Increase the safety for non-motorized users of the streets;
4.Reduce the need for police enforcement;
5.Enhance the street environment (e.g.,streetscaping);
6.Encourage water infiltration into the ground; and
7.Reduce cut-through motor vehicle traffic.
SECTION 8. The following traffic calming principles are hereby adopted to guide all
traffic calming projects:
1.Traffic calming must be community-oriented;
2.Through design, traffic calming must incorporate a degree of self-enforcement for
motor vehicle speeds;
3.Driver behavior must be directly affected by the traffic calming measures; and
4.Traffic calming must improve the safety of street users, particularly vulnerable users
including children, disabled, elderly, pedestrians and cyclists.
4
Resolution 175, 2001 March 18, 2002
The preceding principles are minimum criteria. All traffic calming projects must meet, as a
minimum, all four principles.
SECTION 9. Additional planning concepts related to traffic calming are required to
ensure the proper implementation. Therefore, the following planning concepts are hereby
adopted:
Streets help determine the form and character of neighborhoods, districts and
corridors. Street design should be considered a part of their design.
Local streets should be designed to carry low volumes of motor vehicles at low
speeds and to function safely. The traffic calming measures employed should
minimize the need for extensive regulation, traffic control devices and enforcement.
The expected driver behavior should be reasonably apparent to the driver through a
street’s appearance and design in order to: a) reduce non-local through traffic on
residential streets; b) be conducive to customers on commercial streets; and c)
invoke emotion on streets of civic importance, etc.
The streets should be interconnected to reduce travel distance, promote the use of
non-motorized modes, provide for provision of utilities and emergency services, and
provide for more even dispersal of motor vehicles. Route modification techniques
such as street closures, diverters and turn prohibitions are highly discouraged.
The pavement area of streets should be minimized, consistent with efforts to reduce
street construction and maintenance costs, stormwater runoff, and environmental
effects of street construction. Street widths also provide guidance to drivers as to
the type of behavior that is expected of them, travel speeds, and the role of the
street with respect to mobility and access.
SECTION 10. The following definitions apply to the City’s traffic calming policy:
1. Traffic calminq: The City hereby accepts the following definition of traffic calming from
the Institute of Transportation Engineers: "The combination of mainly physical measures
that reduce the negative effects of motor vehicle use, alter driver behavior and improve
conditions for non-motorized street users." The definition’s phrase "mainly physical
measures" means physical measures and a supportive environment, which includes such
things as policy and legislative support for traffic calming and flexibility of standards,
guidelines and practices. A supportive environment is as important as the traffic calming
measures because it is what allows traffic calming to occur. The phrase "reduce the
negative effects of motor vehicle use" means changing the design and the role of the street
to reduce the negative social and environmental effects of motor vehicles on individuals
5
Resolution 175, 2001 March 18, 2002
(i.e., speeding, intrusion, etc.) and on society in general (i.e., energy consumption,
pollution, urban sprawl, etc.). The phrase "alter driver behavior" addresses the self-
enforcement aspect of traffic calming (i.e., lowering the speeds, the reduction of aggressive
driving, and the increase in respect for non-motorized users of the streets). The phrase
"improve conditions for non-motorized street users" means to promote walking and cycling,
increase safety, create a feeling of safety, improve the aesthetics, etc.
2. Traffic calminq measures are designed physical elements in or along the street or
intersection that conform to the definition and principles of traffic calming.
3. Traffic control devices are signs, signals and markings designed to regulate, warn,
guide and provide information for motorists. Examples of typical traffic control devices
include stop signs, speed limit signs and traffic signals, at-grade crossing signs and
equipment, warning signs, etc. Although not addressed by this resolution, traffic control
devices are used to regulate, warn or inform drivers of traffic calming measures or traffic
calmed areas, as appropriate.
4. Streetscapin.q includes planning and placing distinctive lighting, furniture, art, trees,
other landscaping, etc. along streets and at intersections. Streetscaping can occur
successfully without traffic calming, but traffic calming is most successful when done in
conjunction with streetscaping.
5. Route modification (or motor vehicle traffic management) is the combination
measures that alter the available routes for motor vehicle and their flow. Examples include
one-way streets, diverters, closures and turn prohibitions. Route modification is highly
discouraged.
6. Street modification plans affect one or more streets and intersections and involve traffic
calming, streetscaping, route modification/traffic management, traffic control, provisions for
non-automobile modes (sidewalks, contra-flow cycle lanes, etc.) and on-street parking.
SECTION 12. This resolution shall be effective upon adoption.
Resolution 175, 2001 March 18, 2002
PASSED AND ADOPTED THIS THE DAY OF 2002.
ATTEST:
ERIC JABLIN, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
BY:
CITY CLERK CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMAN CLARK
COUNCILWOMAN DELGADO
COUNCILMAN RUSSO
AYE NAY ABSENT
g:\sc\resolution 175, 2001
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Address:
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please P~j~t
Name:
Address:
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Address:
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
. me;
Address: /’b
ci~: ? ~
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:
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.
Kara Irwin
From:
Sent:
To:
Subject:
don_hearing@cotleur-hearing.com
Thursday, April 04, 2002 1:06 PM
Kara Irwin
Re: BATT School
KARA, ON BEHALF OF THE BATT PRIVATE SCHOOL WE WOULD REQUEST THAT THEIR
PETITION FOR PUD APPROVAL BE POSTPONED UNTIL THE APRIL 18TH~2002 MEETING.
THIS POSTPONEMENT IS BEING REQUESTED TO ALLOW THE APPLICANT TO REVISE THE
TRAFFIC MANAGEMENT PLb/q TO INCORPORATE ADDITIONAL MEASURES TO ENSURE A
QUING PROBLEM DOES NOT OCCUR. ADDITIONALL THE APPLICANT INTEND TO CONDUCT A
3 DAY STUDY AT THEIR EXISTING FACILITY TO CONFIRM THE NUMBER OF STUDENTS
PER VEHICLE DURING THE AFTERNOON PICK UP.
TH31NKS YOU FOR YOUR ASSISTANCE.
Donaldson Hearing
561-747-6336 ext.202
Kara Irwin
<kirwin@ci.palm-beach-gard
<don_hearing@cotleur-hearing.com>
ens.fl.us>
04/04/02 12:02 PM
To:
cc:
Subject:
"Don Hearing (E-mail)
BATT School
I need an official request in writing to postpone to the next agenda.
Thanks.
Patricia Snider
From:
Sent:
To:
Cc:
Subject:
Charles Wu
Tuesday, April 02, 2002 4:25 PM
Ron Ferds
Patricia Snider
Home Depot ,
You may get a call from a "Robert" who has a hot dog stand in Home Depot @ North Mill Plaza. His stand is now in the
store, and he has, for the past six years, tried to convince us that we should allow him to have outdoor sales because
his customers want it, even tho it is prohibited in our LDRs. He thinks he can "contribute" money to the City, that we can
make allowances. We explained to him the appeal process to the Board of Zoning Appeals, but he wants to talk to
individual council members to have them change the code. Just giving you a heads-up.
That was the meeting I had to excuse myself from Cad’s meeting.
La,~J_~E~N ~. FURTA~RECEIVED
CITY~-~ANAGER’S OFFICE
E!:t ,".:- 2~22
Ap~!~’ 2, 2~3~
P~m ~-~’.ac~ Ga~ens, FL 33410
~ag rear ~eke ~ ~a~ of s~r~ by ma}{ C~y Co~~~n ~aF~-. ara~ M~jtes of
/
i
.04/82/2002 12:32 5616228445 CHRIST FELLOWSHIP PAGE
Christ Fellowship
5343 Northlake Boulevard
Palm Beach Gardens, FL 33418
Facsimile
To: Mr. Chades Wu From." Joe Ryan
Fax: 561-799-4281 Fax; 561-622,8445
Phon~Phone: 561-799-7600 ext. 1106
Re;Pages: 2
CC:Gate: 4/2/02
[] Urgent ~ For Review [] Please Comment [] Please Reply
¯ Comments:
[~ Pleal ;e Recycle
84/82/2882 12:32 5616228445 CHRIST FELLOWSHIP PAGE 82
t
FEI A.~OWSH I P
April 2, 2002
Mr. Charles Wu
Growth Management Director
City of Palm Beach Gardens
10500 N Military Trail
Pahn Beach Gardens, Florida 33418
BY.FAX 799-428i
Dear Mr. Wu,
As we discussed yesterday, we believe we may have an opportunity to resolve ~ome of
the issues", concerning, o~t~neighbors.. We would like to present these altemativ~s,a to them
on this Thursday April 4 . Accordingly, we request a postponement to May 2 i for the
continuance of first reading.
We would like to take you up on the kind offer to provide some space for us to ~neet with
the Coalition on this Thursday evening.
As always, if you have any questions or comments please contact at 799-7600 x~ 1106.
~e6~Rycerely’
cutive Administrator
CO:
City Council Members
Ron Ferris City Manager
Joan Altwater for the Coalition
Alan Ciklan
Tom Mullins
5343 Northlake Boulevard ¯ Palm Beach Gardens, FL 33418
Phone 561.799.7600 ¯ Fax 561,622.8445 ° www.cftoday.org
u N .-
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