Loading...
HomeMy WebLinkAboutAgenda Council Agenda 053002City of Palm Beach Gardens Council Agenda May 30, 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 II. III. IV. VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 30, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a.A1A Construction. b.. Design Services for District Park. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: a.North County Traffic Discussion Relating to TPSO. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda~ please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: Consideration of approving Minutes from the May 2, 2002 Regular City Council Meeting. Resolution 75, 2002 - Assessment Agreement PGA Flyover. Consideration of approving an agreement with Gary R. Nikolits, as Palm Beach County Property Appraiser. Co do eo go ho jo ko Resolution 77, 2002 - Assessment Agreement PGA Flyover. Consideration of approving an agreement with Palm Beach County Information System Services (ISS) and Gary R. Nikolits, as Palm Beach County Property Appraiser. Resolution 78, 2002 - Joint Participation and Project Funding Agreement with Seacoast Utility Authority. Consideration of approving a Joint Participation and Project Funding Agreement with Seacoast Utility Authority relating to the widening of the western portion of Burns Road. Resolution 84, 2002 - Agreement with DCA for $350,000 of Grant Monies. Consideration of approving a Disaster Relief Funding Agreement with The Department of Community Affairs for $350,000 in Grant Funds for Plat 4 Drainage Improvements. Resolution 79, 2002 - Awarding Bid for Brush Truck Chassis. Consideration of approval for the purchase of one AM Jeep Truck Model M932 from White Owl Parts Co., Inc. for use as a Fire Brush Unit. Resolution 65, 2002 - Mirasol Parcel 12 - 38 Single-Family Custom Home Lots. Consideration of approval of a site plan to allow for the development of 38 custom homes, known as Mirasol Parcel 12, located within the Mirasol Planned Community District (PCD). Resolution 69, 2002 - Mirasol Parcel Six-Plat. Consideration of approving the Mirasol Parcel Six Plat. Resolution 74, 2002 - Skate Park Amendment FRDAP. Consideration of approving Amendment 1 to the Florida Recreation Development Assistance Program (FRDAP) Funding Agreement for Skate Park - Plant Drive Park (DEP Contract Number F1362). Vehicle Towing Services Contract - Consideration of approving an additional 90-day extension to the vehicle towing services contract with Kauff’s Towing. Resolution 82, 2002 - First Amendment to NPDES Interlocal Agreement with Northern Palm Beach County Improvement District. Consideration of approving a First Amendment to the National Pollutant Discharge Elimination System ("NPDES") Interlocal Agreement between Northern Palm Beach County Improvement District and the City of Palm Beach Gardens. Proclamation - "Recognizing an official Keep America Beautiful Liberty Garden". IX. PUBLIC HEARINGS: Ordinance 14, 2002 - Mirasol PCD Amendment to Master Plan (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned Community District (formerly known as Golf Digest) by amending conditions of approval relating to Park Improvements, CPTED Principles, Bonding of Infrastructure and Landscaping Improvements; and requiring a mechanism for rear yard access and reconfiguring a lake parcel at the site, located between PGA Boulevard and Hood Road, and Florida’s Turnpike and the C-18 Canal, as more particularly described herein; providing for severability; providing for conflicts; and providing for an effective date. bo Ordinance 23, 2002 - PGA Commons Parcel 2 Time Extension (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southwest corner of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 2" Planned Unit Development; amending Ordinance 8, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date. Ordinance 24, 2002 - PGA Commons Parcel 3 Time Extension (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southeast corner of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 3" Planned Unit Development; amending Ordinance 9, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date. do Ordinance 18, 2002 - Temporary, interim or partial closure of streets and other public rights-of-way (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending section 62- 2, "Obstructions Prohibited," of Article I, "In General," of Chapter 62, "Streets, Sidewalks and Certain Other Public Places," of The City Code of Ordinances to authorize temporary, interim or partial closure of publicly dedicated streets and rights-of-way; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Xo XI, eo Ordinance 22, 2002 - Mid-Year Budget Amendment (Second Reading). 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. RESOLUTIONS: no Resolution 175, 2001 - Traffic Calming Policy. Consideration of adopting a Citywide Traffic Calming Policy for evaluating traffic calming requests for City streets. bo Resolution 64, 2002 - NorthMil Plaza - Bank - Future Development Area #1. Consideration for approving an amendment to the Northmil Plaza Site Plan to provide for the development of "Future Development Out-Parcel One". Resolution 72, 2002 - Parcel 4A Evergrene. Consideration for approving a site plan application for "Parcel 4A" with a total of 109 single-family units and 69 multi-family units within the Evergrene PCD. do Resolution 80, 2002 - Blue Ribbon Panel. Consideration of creating a blue ribbon panel to examine quality of life issues facing the City and make recommendations to the City Council as to how to remedy such issues. Resolution 81, 2002 - Approving Budget for Bums Road Construction (No. 2002-001). Consideration for approving a budget for the Bums Road Widening Project and authorizing the expenditure of funds as set forth therein. ORDINANCES: (For Consideration on First Reading) ao Ordinance 20, 2002 - San Michele Amendment/Drainage Easements (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the application of Forest Lake Associates, L.C., San Michele-Palm Beach Limited Partnership, and Gordon Homes, Inc. for approval of an amendment to Ordinance 4, 2000, to permit minor changes to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center and modification of side and front setbacks for selected lots within the 64.47-acre "San Michele" Planned Unit Development (PUD) located at the northwest comer of Central Boulevard and Hood Road and more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: ao Conceptual Study and Design For MacArthur Boulevard Traffic Calming and Roadway Improvements. bo Occupational License Tax and Amendment to the Occupational License Codes. c.July 4t~’ City Council Meeting. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. IV. PRESENTATIONS: a.A1A Construction. Presentation only no staff package. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:May 30, 2002 Subject/Agenda Item: Consultant Presentations for Parks Planning and Design Services Recommendation/Motion: The City Council shall review proposals from the three most qualified firms recommended by staff for the Parks Planning and Design Services Request for Letter of Interest. A final decision will be made at the June 6, 2002 Council Meetincj. Reviewed by: Finance / ~-~) Human Res. ~/~ Other Jack Doughn~ Community Se Administrator Ron Ferd ~, City Manager Originating Dept.: Community Services Advertised: NA Date: Paper: [~Not Required Affected parties - [ ] No~ed ~’Not required Costs: Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved ’ [ ] Approved w~ =o.~o~ [ ] Denied [ ] Continued to: Attachments: Background Memo Request for Letter of Interest Consultant Proposals (3) [ ] None BACKGROUND: ..See attached memo RECOMMENDATION: CITY OF PALM BEACH GARDENS M MORAN])UM TO: DATE: THROUGH: FROM: SUBJECT: Mayor and City Council May 15, 2002 Jack Doughney, Community Services Administrato~ Angela Wong, Projects Manager ~ Consultant Presentations for Parks Planning and Design Services Attached please find the agenda backup for the above-mentioned item scheduled for the May 30, 2002 City Council Meeting. I am sending this item to you early so that you have enough time m review the proposals that will be presented at the meeting. As stated in the background memo, the consultants will be allowed a 10-minute presentation followed by a 5-minute question & answer session. If you have any questions regarding their proposals, you may ask each firm during the Q&A session. They will be presented in the order ranked by the Selection/Negotiation Committee. Please contact me at 775-8270 or J~ick Doughney, Community Services Administrator, at 799-4114 with any questions that you may have. Thank you. CITY OF PALM BEACH GARDENS MEMORANDUM DATE: TO: THROUGH: FROM: SUBJECT: May 13, 2002 Ronald M. Ferris, City Manager Jack Doughney, Commtmity Services Administrat~ Angela Wong, Projects Manager j~lla Continuing Parks Planning and Design Services - Letter of Interest May 30, 2002 City Council Meeting Presentations BACKGROUND: On March 18, 2002, the City received a total of nine (9) responses to the solicitation for Continuing Parks Planning and Design Services. All proposals were reviewed and evaluated by the Selection/Negotiation Committee, who is comprised of Jack Doughney, Community Services Administrator; Jack Hanson, Chief Building Official; Steve Cramer, Principle Planner; Michael Kelly, Parks Division Director; Stacy Rundle, Contracts/Grants Administrator; and Charlotte Presensky, Recreation Division Director. On May 1, 2002, the firms made a brief presentation to the committee with the exception of one firm, which was disqualified for their lack of being able to provide a presentation on the required date. Each f’rrm was rated on specific criteria,, which is attached for your information, in addition to the basic qualifications as per F.S.S. 287. The committee has rated the following firms as the top three fm-ns (in order of preference): 1st - Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. 2n~ - KEG Architects, Inc. 3ra - Gee & Jenson The score tabulations are also attached for your review. The selected f’m-n will be assigned to create the Palm Beach Gardens District Park Master Plan and Construction Documents, which is currendy funded from Recreation Impact Fees in the amount of $400,000. According to F.S.S. 287.055 regarding consultant selection, after evaluating and selecting in order of preference, the City must select the most qualified firm of the three recommended to negotiate a contract for professional services. At the May 30, 2002 Council Meeting, the three firms will be providing a 10-rninute presentation followed by a 5-minute question & answer session to the City Council. A final decision will be made by the City Council at the June 6, 2002 City Council meeting. Attachments:Score Sheet (containing criteria) Score Sheet Tabulations Letter of Interest Proposals (3) CC:Jack Hanson, Chief Building Of tidal Steve Cramer, Principal Planner Michael Kelly, Parks Division Director Charlotte Presensky, Recreation Division Director Stacy Rundle, Contracts/Grants Administrator Continuing Parks Planning and Design Services May 1, 2002 Score Sheet Tabulations Firm Roy-Fisher Associates Gee & Jensen Gentile, Holloway, etc. Total Points 85 113 98 Rating 8 3 5 REG Architects 115 2 Mock Roos & Associates 90 6 Glatting, Jackson, etc.122 1 iLand Design South The RMPK Group 88 102 7 CD REQUEST FOR LETTER OF INTEREST FOR Furnishing Continuing Parks Planning and Design Services City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 February 2002 Page 1 of 17 REQUEST FOR LETTERS OF INTEREST ALL INTERESTED PARTIES: The City of Palm Beach Gardens, Florida, will receive sealed Letters of Interest (LOI) together with the Qualifications Statements and Proposal Form included herein and any other information relative to the experience, expertise or proficiency of the Proposer, at the office of the City Clerk, City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, (564) 799-4122 for furnishing Continuing Parks Planning and Design Services. All LOI must be received and time stamped by the City Clerk, either by mail or hand delivery, no later than 2:00pm. local time on March 18, 2002. Facsimile submittals will not be accepted. Any LOI received after 2:00pm local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a LOI is received will be resolved against the Proposer. All LOI will be opened in the City Council Chambers at 2:00pm local time on March 18, 2002. The City reserves the fight to reject any or all LOI, to waive any or all LOI received, to re-advertise for LOI, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the City. REQUEST FOR LETTERS OF INTEREST PROCEDURE Pursuant to the Request for Letters of Interest (LOI), the City is soliciting interested firms and entities to submit qualification statements, performance data and other information relative to the proposed project in accordance with the Consultant’s Competitive Negotiation Act (C.C.N.A.-Florida Statute 287.055). Responses to this LOI will be evaluated by Selection/Negotiation Committee. Firms and entities which did not provide the information requested or which failed to meet the minimum qualification criteria shall be disqualified from further consideration. This LOI is divided into three (3) sections: Instructions Proposer’s Qualifications Form (Form 254-255) Proposer’s Forms, ( Sworn Statement on Public Entity Crimes, Qualification Statement) After review of all Submissions, the evaluation committee will prepare a short list with a minimum of three (3) firms for an interview. In determining whether a firm is qualified, the City shall consider several factors including, but not limited to: the ability to meet time and budget requirements, experience, education and training, financial stability, geographic location of finn, recent, current and projected workload of the finn, the volume of work Page 2 of 17 previously awarded to each firm by governmental agencies and references..After firms are short listed, those firms will be notified by telephone within 24 hours, followed-up by a letter, and advised of date, time, and location of presentation. After presentations, each voting member will indicate their choice of firms in order of preference. The City shall enter into negotiations with the most qualified firm for professional services at compensation which the City determines is fair, competitive, and reasonable to establish an agreement to be executed by both parties. When agreement is reached between the City and the selected firm, the City Attorney’s Office shall prepare a final contract. Should the City and the firm considered to be most qualified not reach agreement, the negotiations shall be formally terminated before negotiations begin with the second most qualified firm. Upon completion of successful negotiations, a recommendation of award of contract will then be presented to the City Council. The City reserves the right to reject any or all Letters of Interest and to waive any irregularity, informality or technicality in Letters of Interest received. II.SCOPE OF SERVICES SPECIFICATIONS The City of Palm Beach Gardens is seeking the services of a professional landscape Architecture/Planning firm to provide continuing park planning and design services for the City on an as needed basis. Projects may include, but not be limited to: Palm Beach Gardens District Park Master Plan and Construction Documents Burns Road Community Center Improvements Design and Construction Documents The,Landscape/Architecture/Planning firm shall be able to provide a team of licensed professionals for design services needed to complete the design of these projects, including but not limited to: Architecture ¯Civil Engineering ¯Structural Engineering ¯M/E/P Engineering ¯Survey ¯Geotechnical Services ¯Environmental Services For projects where only some of these services are required, the City and the Landscape Architect may agree that the City may elect to contract directly with individual members of the Landscape Architect’s team. Page 3 of 17 WORK PRODUCT REQUESTED: Work products will be determined by the City and the firm on a project by project basis. Products ¯ may include, but not be limited to: Planning/design studies Site e~caluations Concept sketches Master plans Cost estimates Public meetings and workshops Construction documents ~’ermitting services Grant applications Construction services Presentations at Parks and Recreation Advisory Board meetings, Planning and Zoning meeting and City Council meetings INFORMATION TO BE FURNISHED Proposer shall provide a description of the firm, including the size, range of activities, financial capacity, stability, experience, honors, awards, recognition’s, etc. Particular emphasis should be given as to how the firm-wide experience and expertise in planning and design of similar facilities will be directly beneficial to the City. Proposer shall identify the personnel to be assigned to this project, indicating the contact person chieffprimary planning professional(s) and supervisory personnel who will work on the project. Resumes of each person to be assigned shall be provided with emphasis on their experience with similar projects. Proposer shall provide a list of clients for whom similar work has been performed. Proposer shall indicate the current and future workload of the personnel to be assigned to this project. Proposer shall submit a copy of its occupational license to conduct business in the State of Florida as well as the proposal form. Page 4 of ! 7 Ill.LOI SUBMISSION REQUIREMENTS A. Firm Qualifications Attached to this LOI is a Qualification Statement which all responding firms must complete in full. Failure to complete this form shall constitute grounds for disqualification of the responding finn from further consideration regarding this project. Responding firms are required to submit this form together with their qualification statement submittals. Standard Federal Forms 254 and 255 shall also be submitted. (Please attach on separate sheets responses to the following questions. Please copy the questions as exactly stated and respond accordingly.) 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. If Proposer is a corporation, please indicate the Date of Incorporation: State of Incorporation: President’s Name: Vice President’s Name: Secretary’s Name: Treasurer’s Name: and, Name and Address of Resident Agent : If Proposer is an individual or a partnership, please indicate the Date of organization: Names, of all partners: and, whether general or limited partnership: If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 2.If Proposer is operating under a fictitious name, submit evidence of compliance with the Page 5 of 17 Florida Fictitious Name Statute. How many years has your organization been in business under its present business name? Unde) what other former names has your organization operated? o Indicate registration, license numbers or certificate numbers for the businesses or professions which are the subject of this letter o interest. Please attach certificate of competency and/or state registration. Proposers shall provide a description of the firm, including the size, range of activities, financial history, strength, stability, experience, honors, awards, recognition’s, etc. Particular emphasis should be given as to how the firm-wide experience and expertise in design of similar facilities will be directly beneficial to the Ci.ty in the design of the project. o 10. within Proposers shall identify the contact person chief/primary design professional(s) and supervisory personnel who will work on the project. Resumes of each person shall be ¯ provided with emphasis on their educational training and experience with similar projects. Have yore- ever failed to complete any work awarded to you? If so, state when, where, and why? As part of your submission, state the names, telephone numbers and last known addresses of owners, individuals.or representatives of owners with the most kaaowledge of work which you have performed or goods you have provided for these clients within the last three years. Special emphasis should be placed on governmental clients. Proposers shall identify current and projected workload, and indicate the a~ailability of the firm to meet the City’s needs. Proposers shall indicate their availability to meet time deadlines and their.ability to stay the original budget for their projects. B.Copies of Submission Five (5) copies of the entire Letter of Interest and all other material should be submitted to the City of Palm Beach Gardens, City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, to the attention of Carol Gold, City Clerk, on or before 2:00 pm (local time) on March 18, 2002 C.Addenda, Additional Information Page 6 of 17 Any addenda or answers to written questions supplied by the City to participating Proposers shall become part of this Request for Letters of Interest and the resulting contract. The Proposer’s Certification form shall be signed by an authorized company representative, dated and returned with the Letter of Interest. No negotiations, decisions or actions shall be initiated by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from the City Manager may be considered as a duly authorized expression. Also, only communications from Proposers which are signed and in writing will be recognized by the City as duly expressions on behalf of the Proposer. IV.INSURANCE Prior to Award, the Successful Proposer shall provide the City with certified copies of all insurance policies providing coverage as required. The Successful Proposer shall secure and maintain, at its own expense, and keep in effect during the full period of the contract a policy or policies of insurance providing coverage as required. Professional Liability Insurance in an amount not less than $1,000,000 per occurrence. bo Worker’s Compensation and Employer’s Liability Insurance for all employees of the Successful Proposer engaged in work under the Contract in accordance with the laws of the State of Florida. The Successful Proposer shall agree to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. Co Comprehensive General Liability Insurance with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence Coverage shall specifically include the following minimum limits not less than those required for Bodily Injury Liability and Property Damage: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence do Comprehensive Automobile Liability Insurance for all owned, non-owned and hired automobiles and other vehicles used by Successful Proposer in the performance of the work with the following minimum limits of liability: Page 7 of 17 $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence o All liability insurance and professional liability policies shall specifically provide that the City of Palm Beach Gardens is an additional named insured or additional insured with respect to the required coverage and the operations of the Proposer under the contract. Insurance companies selected must be acceptable to the City. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days that written notice has been given to the City by certified mail. The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition ofA. M. Best’s Insurance Guide: Financial Stability B+ Class VI. Proposers are required to submit a list of claims presently outstanding against their professional liability coverage. This information must be provided by and signed by the agent of the insurance carrier. If no outstanding claims exist, a statement of this fact must be provided by and signed by the agent of the insurance carrier. Wo INDEMNIFICATION GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, Successful Proposer shall indemnify, defend, save and hold harmless the City, its officers, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or in consequential arising out of or alleged to have arisen out of or in consequence of the services furnished by or operations of the Successful Proposer or his subcontractors, agents, officers, employees or independent contractors pursuant to. the Contract, specifically including but not limited to those caused by or arising out of any act, omission, negligence or default of the Successful Proposer and/or his subcontractors, agents, servants or employees in the provision of the gervices under the Contract. PATENT AND COPYRIGHT INDEMNIFICATION: Successful Proposer agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all claims, damages, losses, liabilities and expenses arising out of any alleged infringement of copyrights, patient rights and/or the unauthorized or unlicensed use of any material, property or other work in connection with the performance of the Contract. Page 8 of 17 VI. VII. VIII. Xo CONFLICT OF INTEREST The award hereunder is subject to the provision of State Statutes and City Ordinances. The Proposer, by affixing his signature to the Proposal Form, declares that the proposal is made without any previous understanding, agreement, or connections with any City official or persons, firms, or corporations making a proposal on the same items and without any outside control, collusion or fraud. By signing the Proposal, the Proposer further declares that no City Council Member, other City officer, or City employee directly or indirectly owns more than five (5) percent of the total assets or capital stock of the Proposer entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments this contract. AVAILABILITY-OF FUNDS The obligations of the City of Palm Beach Gardens under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City Council. WOMEN/MINORITY BUSINESS ENTERPRISE (W/MBE) POLICY It is the policy of the City to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to employment, construction, development projects and lease agreements, consistent with the laws of the State of Florida. It is further the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, creed, sex, age, handicap or veteran’s status. PROPOSER’S RESPONSIBILITY Each Proposer is required, before submitting his or her proposal, to carefully examine the Proposal specifications and to completely familiarize himself or herself with all of the terms and conditions that are contained within this document. Ignorance on the part of the Proposer will in no way relieve him or her of any of the obligations and responsibilities which are a part of this Proposal. LEGAL REQUIREMENTS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. Page 9 of 17 o Vendors doing business with the City are prohibited from discriminating against any employee, applicant for employment or client because of race, creed, ancestry, religion, national origin, sex, or age with regard to, but not limited to the following: Employment practices, rates of pay or other compensation methods, training and selection. A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair o’fa public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ¯ The obligations of the City under this award are subject to the availability of funds lawfully appropriated for this purpose. This request for letters of interest shall be included and incorporated into the final award. XI. Xll. SCHEDULE OFEVENTS The schedule of events, relative to this procurement shall be approximately as follows: Event Date (on or by) Issuance of Request for Letters of Interest 2.Opening of Letters of lnterest March 18, 2002 3.Submission Evaluations March 25, 2002 4.Presentations from Short List Firms April 19, 2002 5.Contract Negotiations April 22 - May I, 2002 6.Award of Contract May 16, 2002 February 17, 2002 The City reserves the right to delay scheduled dates and to provide notice to all persons responding to Requests for Letter of Interest. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH L.O.l.’s The following documents are to be executed, notarized, (if applicable) and submitted a condition to this Request for Letters of Interest: Page 10 of 17 ao Proposer’s Certification Certificates of Insurance Standard Forms 254. and 255 Qualifications Statement XIII.AWARD OF CONTRACT The contract shall be awarded to the most qualified Proposer as determined by the City who agrees to provide the requisite professional services at compensation which the City determines is fair, reasonable and competitive. Page 11 of 17 PROPOSER’S CERTIFICATION WHEN PROPOSER IS AN INDIVIDUAL IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this __ ,2002 BY: Signature of Individual day Witness Witness Printed Names of Individual Business Address City/State/Zip Business Phone Number State of Florida } County of } On this the__ day of ,2002, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of Individual(s) who appeared before Notary) and whose name(s) is/are Subscribed to the within .;:~strument, and he/she they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE)(Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) Page 12 of 17 [] DID take an Oath [] DID NOT take an Oath PROPOSER’S CERTIFICATION WHEN PROPOSER IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A FICTITIOUS OR TRADE NAME IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this __ day ,2002. Printed Name of Firm ~ By: Signature of Owner Printed Names of Individual Business Address City/State/Zip Business Phone Number Witness Witness State of Florida } County of } On this the__ day of _, 2002, before me, the undersigned Notary Public of the State of Florida, personally ~ppeared (Name(s) of Individual(s) who appeared before Notary) and whose name(s) is/are Subscribed ~fihin instrument, and he/she they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE) (Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath Page 13 of 17 DID NOT take an Oath PROPOSER’S CERTIFICATION WHEN PROPOSER IS A PARTNERSHIP IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this __ ,2002. day Printed Name of Partnership By: Signature of General or Managing Partner Printed Name of Partner Business Address City/State/Zip Business Phone Number Witness Witness State of Florida } County of } On this the__ day of ., 2002, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of Individual(s) who appeared before Notary) and whose name(s) is/are Subscribed within instrument, and he/she they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE)(Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath Page 14 of 17 [] DID NOT take an Oath PROPOSER’S CERTIFICATION WHEN PROPOSER IS A CORPORATION 1N WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this __ ., 2002. Printed Name of Corporation day (CORPORATE SEAL) ATTEST: By: Secretary State of Florida } County of } On this the __ day of the State of Florida, personally appeared of Corporate Officer(s)and cf incorporation) behalf of the Corporation. WITNESS my hand and official seal. (NOTARY PUBLIC SEAL OF OFFICE) Printed State of Incorporation By: Signature of President or other Authorized Officer Address of Corporation City/State/Zip Business Phone Number ., 2002, before me, the undersigned Notary Public of (Name(s) his/her/their Corporate Title(s) , on (Name of Corporation and State or place NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) Page 15 of 17 [] DID take an Oath [] DID NOT take an Oath ACKNOWLEDGEMENT State of Florida } County of } On this the day of ., 2002, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of Individual(s) who appeared before Notary) whose name(s) is/are Subscribed withininstrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE)(Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath [] DID NOT take an Oath QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO:City Clerk City of Palm Beach Gardens ADDRESS: SUBMITTED BY: NAME: ADDRESS: PRINCIPAL OFFICE: 10500 North Military Trail Palm Beach Gardens, Florida 33410 CIRCLE ONE Corporation Partnership Individual Other Page 16 of 17 The Proposer acknowledges and understands that the information contained in response to this qualifications statement shall be relied upon by owner in awarding the contract and such information is warranted by the Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer’s qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award to cancel and terminate the award and/or contract. Signature Date State of Florida } County of } On this the __ day of ., 2002, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of Individual(s) who appeared before Notary) whose name(s) is/are Subscribed within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE)(Name of Notary Public: Print, Stamp, or Type as Cormnissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath [] DID NOT take an Oath Page 17 of 17 REQUEST FOR LETTERS OF INTEREST NAME OF PROPOSAL: Continuing Parks Planning and Design Services. The City of Palm Beach Gardens, Florida, will receive sealed Letters of Interest (LOI) together with the Qualifications Statements and Proposal Form included herein and any other information relative to the experience, expertise or proficiency of the Proposer, at the Office of the City Clerk, City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, (561) 799-4122 for furnishing Continuing Parks/Streetscape Planning and Design Services. ¯ All LOI must be received mad time stamped by the City Clerk, either by-mail or hand delivery, no later than 2:00 p.m. local time on March 18, 2002. Facsimile submittals will not be accepted. Any LOI received after 2:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a LOI is received will be resolved against the Proposer. All LOI will be opened in the City Council Chambers at 2:00pro local time on March 18, 2002. The City reserves the right to reject any or all LOI, to waive any or all LOI received, to re-advertise for LOI, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the City. Page 18 of 17 VI. CITY MANAGER REPORT: ao North County Traffic Discussion Relating to TPSO. Presentation only no staff package. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 2, 2002 The May 2, 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 Interim City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, and Councilmember Delgado. Councilmember David Clark and Councilmember Joseph R. Russo were absent from the meeting PRESENTATIONS: FDOT Turnpike & PGA Interchange Presentation - A turnpike representative provided a presentation of proposed changes to the PGA Interchange under the Sunpass Challenge program and under an optional scenario. Mayor Jablin requested that a presentation be provided to residents of BallenIsles. Citizen Reco~4fition Award for Joan Collette - Mayor Jablin presented the award in recognition of Joan Collette’s volunteer work in the Right to Read literacy program at Timber Trace, as recommended by the Education Advisory Board. Awarding Donations to Dwyer Hi~_,h School and Palm Beach Gardens Hi~ School for Proiect Graduation - Mayor Jablin awarded $500 checks to Paul Houlihan, Principal of Palm Beach Gardens High School, and to Bill Basil, Assistant Principal of Dwyer High School. ITEMS & REPORTS BY MAYOR AND COUNCIL: Re-Order Agenda - Motion was made by Vice Mayor Sabatello, seconded by Councilmember Delgado, to re-order the agenda to allow Councilmember Delgado to make a proclamation at this time. Motion carried by unanimous 3-0 vote. Proclamation of Chamber of Commerce Week - Councilmember Delgado read aloud the proclamation declaring the second week of June, 2002 as Chamber of Commerce Week. Vice Mayor Sabatello made a motion to adopt the proclamation. Motion was seconded by Councilmember Delgado and carried by unanimous 3-0 vote. Councilmember Delgado reported she had met with the Parks and Recreation Advisory Board. Councilmember Delgado reported she had met with Vice President Chaney and would be making a trip to Washington D.C. to request funding assistance for the stormwater management program, and would have dinner with President Bush. CITY MANAGER REPORT: City Manager Ferris reported the Honda Classic would be moving from Broward County to Mirasol for the next five years, which would provide an estimated $4-$5 million to the local economy. The City Manager reported zip codes 33410 and 33418, which had been designated West Palm Beach, would now be changed to Palm Beach Gardens, and a new post office had been approved at Northlake Boulevard and Coconut Boulevard which would CITY OF PALM BEACH GARDENS REGULAR MEET1NG, 5/02/02 2 service zip codes 33412 and 33418. City Manager Ferris reported the current post office on Fairchild Gardens would be expanded and landscaping would be brought up to City codes. A postal kiosk on the west side of the Turnpike had also been requested. Mayor Jablin reported the Honda Classic raised more than a half million dollars which went directly to children’s charities, and urged residents to volunteer. Councilmember Delgado requested a monthly or periodic update from the City’s paid lobbyist. Lobbyist Tom Dorita explained they had reported to the City Manager on a regular basis, and described a meeting with Congressman Shaw regarding his redistricting changes and projects which had been submitted to the federal government, which had been reported to City staff. Mayor Jablin announced consensus would be obtained from the full Council on whether to change the reporting frequency from the lobbyist. COMMENTS FROM TIlE PUBLIC: Linda Hue, hey, Reed Drive, questioned the expenditure for exterior art proposed by Resolution 20, 2002 on the consent agenda, and recommended instead a program to provide art involving students of Palm Beach Gardens. Pat Hughey, 9120 Reed Drive, presented on behalf of the GNA a list of items which had been presented over the past years for attention. Jag Bonner, 5430 Northlake, representing the Character Council of Palm Beach County, applauded the proclamation recognizing May 2002 as Civility Month. Roger Blangy, 11658 Hemlock Street in Garden Woods, requested the City provide a new Garden Woods sign to replace the deteriorating wood sign, and suggested funding mechanisms. Mayor Jablin indicated the City was not legally responsible for the sign and if the City did this it would set precedence, and requested staffwork with Mr. Blangey. CONSENT AGENDA: Vice Mayor Sabatello made a motion to add Resolution 76, 2002; Resolution 68, 2002; Resolution 69, 2002; Resolution 70, 2002; and Resolution 71, 2002. Councilmember Delgado seconded the motion. During discussion of the motion, it was noted that since Vice Mayor Sabatello would abstain from voting on Resolution 69, 2002 it could not be voted on because there would not be a quorum. The motion was amended and seconded to add all the Resolutions previously mentioned with the exception of item (j) Resolution 69, 2002. During discussion of the motion it was noted this would be considered at the next meeting but that the meeting scheduled for May 16, 2002 might be cancelled. The vote on the motion carried by unanimous 3-0 vote. Vice Mayor Sabatello made a motion to approve the consent agenda with the changes as read into the record. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the April 18, 2002 Regular City Council Meeting. b. Consideration of approving Minutes from the April 15, 2002 Joint City Council Meeting with The Art Advisory Task Force. c. Resolution 63, 2002 - Agreement with Tropical Sands Church Regarding Widening of Burns Road. Consideration of approving an agreement with Tropical Sands Church, Inc. for the construction of improvements relating to the widening of Burns Road and authorizing the Mayor and City Clerk to execute same. d. Resolution 66, 2002 - Interlocal Agreement/Baseball Facility. Consideration of approving an interlocal agreement and agreement for lease with the School Board of CITY OF PALM BEACH GARDENS REGULAR MEET1NG, 5/02/02 3 Palm Beach County for the development of an athletic facility on the north side of Lilac Street. e. Resolution 20, 2002 - City Hall Sculptural Elements. Consideration of approving two agreements for the creation, delivery and installation of sculptural elements for the City’s Municipal Complex. f.Proclamation - Recognizing the month of May as "National Military Appreciation Month". g.Proclamation- Recognizing the week of May 13th as "Police Week" and May 15th as "Peace Officers’ Memorial Day". h. Resolution 76, 2002 - Work Order Number 2002-003 for LBFH, Inc. Consideration of approving Work Order 2002-003 with LBFH, Inc. for engineering services related to the planning and design of Westminster Park and Burns Road Community Center. i. Resolution 68, 2002 - Ryder Substation Florida Power & Light Company-Plat. Consideration of approving the Ryder Substation Florida Power & Light Company Plat. k. Resolution 70, 2002 - Mirasol Parcel Seven-Plat. Consideration of approving the Mirasol Parcel Seven Plat. 1.Resolution 71, 2002 - Mirasol Parcel Nine-Plat. Consideration of approving the Mirasol Parcel Nine Plat. PUBLIC HEARINGS: Ordinance 2, 2002 - Christ Fellowship South Campus Conditional Use Amendment- Mayor Jablin 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 - for consideration of First Reading, continued from 04/04/02. Vice Mayor Sabatello moved that Ordinance 2, 2002 be continued to a date certain of June 6, 2002. Motion was seconded by Councilmember Delgado and carried by unanimous 3-0 vote. Resolution 4, 2002 - Christ Fellowship South Campus Site Plan Amendment - A Resolution 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 - Continued from 04/04/02. The City Attorney advised that no action was needed to continue this item to June 6, 2002. Ordinance 44, 2001 - Christ Fellowship North Campus Amendment - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 44, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein, CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 4 amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of First Reading - continued from 04/04/02. Vice Mayor Sabatello moved that Ordinance 44, 2001 be continued to a date certain of June 6, 2002. Motion was seconded by Councilmember Delgado and carried by unanimous 3-0 vote. Ordinance 46, 2001 - Parcel 4.07B - Alta Pines Apartments - Mayor Jablin declared the public heating open, held on the intent of 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 a 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 second reading. Heating no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Sabatello made a motion to approve Ordinance 46, 2001 on second reading by title only with the change as read into the record by Planner Kara Irwin of a change to the condition of approval that the applicant had to provide certain improvements within six months of approval to six months after issuance of the cleating permit. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. Interim City Clerk read Ordinance 46, 2001 on second reading by title only. RESOLUTIONS: Resolution 67, 2002 - Award of Contract Bums Road East Project Number 00-4107 - Consideration of awarding the bid for the Bums Road East improvements to Hardrives Inc. Staff indicated this was the low bid for the east end of Bums Road. Vice Mayor Sabatello made a motion to approve Resolution 67, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. ORDINANCES: Ordinance 22, 2002 - Mid-Year Budget Amendment - 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 - for consideration of first reading. Staff presented the requested changes. Vice Mayor Sabatello made a motion to place Ordinance 22, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. The Interim City Clerk read Ordinance 22, 2002 on first reading by title only. Ordinance 16, 2002 - BATT Learning Center - 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) 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 CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 5 waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Planner Kara Irwin presented the project. Landscape Architect Donaldson Heating spoke on behalf of the petitioner. Councilmember Delgado made a motion to place Ordinance 16, 2002 on first reading by title only. Vice Mayor Sabatello seconded the motion, which carried by unanimous 3-0 vote. The Interim City Clerk read Ordinance 16, 2002 on first reading by title only. Ordinance 19, 2002 - Frenchman’s Reserve PCD Amendment, N.E. Wall - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 4, 2001, which approved the Frenchman’s Reserve Planned Community District by amending the Condition of Approval relating to issuance of building permits prior to completion of certain infrastructure and adding a new condition; .and amending the PCD Master Easement Relocations, and a well site location at the site, located approximately directly east of the intersection of Hood Road and Alternate A1A; providing for conditions of approval; providing for a waiver; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Senior Planner Edward Tombari presented the project. Bob Benz, Land Design South, spoke on behalf of the applicant. Resident Fred Barlow, 3803 Toulouse Drive, Chairman of Frenchman’s Creek Ad Hoc Committee regarding Hood Road, indicated he was a co-signer of the agreement between Toll Brothers and Frenchman’s Creek POA for location of the road. Mr. Barlow described the agreed-upon berm and wall, which was not being installed as agreed upon, and asked what could be done. Mr. Barlow noted the Seacoast easement had not been on the original site plan. Mayor Jablin suggested Mr. Barlow get with Mr. Benz and a Toll Brothers representative to work things out before second reading. Michael Sabatello, on behalf of Toll Brothers, addressed the concerns, and was requested to work with the ad hoe committee. Vice Mayor Sabatello made a motion to place Ordinance 19, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. The Interim City Clerk read Ordinance 19, 2002 on first reading by title only. A 5-minute recess was observed. Ordinance 23, 2002 - PGA Commons Parcel 2 Time Extension - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southwest comer of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 2" Planned Unit Development; amending Ordinance 8, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading, was presented by Growth Management Director Charles Wu along with Ordinance 24, 2002 - PGA Commons Parcel 3 Time Extension - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southeast comer of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 3" Planned Unit Development; amending Ordinance 9, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. Henry Skokowski spoke on behalf of the applicant. Vice Mayor Sabatello made a motion to place Ordinance 23, 2002 on first reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 6 Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. The Interim City Clerk read Ordinance 23, 2002 on first reading by title only. Vice Mayor Sabatello made a motion to place Ordinance 24, 2002 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. The Interim City Clerk read Ordinance 24, 2002 on first reading by title only. Ordinance 21, 2002 - PGA Plaza Rezoning & Site Plan Review to Accommodate the PGA Blvd. Widening & Address Non-Conformities - 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 11.11-acre parcel of land from General Commercial (CG-1) to a Planned Unit Development Overlay Zoning District (PUD) with a Underlying General Commercial (CG- 1) Zoning, to be known as "PGA Plaza," by approving the renovation of the parking and landscape areas to accommodate the widening of PGA Boulevard as required by the Regional Center DRI Development Order on the site loc.ated on the southwest corner of intersection of PGA Boulevard and Prosperity Farms Road, 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. Planner Kara Irwin presented the project. George Gentile spoke on behalf of the applicant. Councilmember Delgado made a motion to place Ordinance 21,2002 on first reading by title only. Councilmember Sabatello seconded the motion. Motion carried 2-1 with Councilmember Sabatello opposing. The Interim City Clerk read Ordinance 21,2002 by title only. ITEMS FOR COUNCIL ACTION: City Manager Performance Review - Vice Chair Sabatello made a motion to give the City Manager an increase in salary of 6% based on his performance review, retroactive to the anniversary of his contract. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. ITEMS FOR DISCUSSION: Conceptual Study and Desi~ For MacArthur Boulevard Traffic Calming and Roadway Improvements - Sheryl Stewart, Assistant to the City Manager, advised the proposed cost as presented by the engineers was $85,000 for the study and $1 million for the project. The City Manager advised less costly alternatives might be found. Consensus was to discuss this issue with the full Council present before going back to the residents. Art Display in Municipal Complex Lobby - Mayor Jablin reported the Art Task Force had proposed to permanently repair the damage to the lobby walls from art installations by carpeting the walls and to pay for the improvements from the Art Task fund. Also proposed was recessing the television set into the wall; and moving the lobby cabinets into the Council Chambers if the History Committee agreed. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/02/02 7 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:51 p.m. APPROVAL: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO CHAIR PRO TEM DAVID CLARK COUNCILMAN JOSEPH RUSSO ATTEST: COUNCILWOMAN ANNIE DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 30, 2002 Subiect/Agenda Item: Consideration of Resolution 75, 2002, authorizing the Mayor to execute an agreement with Gary R. Nikolits, as Palm Beach County Property Appraiser for the collection of non-ad valorem assessments related to the PGA Flyover project. Recommendation/Motion: Staff recommends a motion to approve Resolution 75, 2002 as presented. Reviewed by: City Attorney ACM Other Approved by: _ City Manag~ r Originating Dept.: Finance Advertised: [X] Not Required Affected parties [ ] Notified [X] Not required Costs: $. -0- (Total) Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: Resolution 75, 2002 [ ] None Background: The City initiated the process of implementing an assessment program to help fund improvements to the PGA Flyover Project in October, 2000. In December, 2001, Council approved a Notice of Intent Resolution as required in order to levy assessments for FY 2003. In order to continue with the implementation of the PGA Flyover Special Assessment Program, this agreement with the Palm Beach County Property Appraiser is required, in accordance with Florida Statutes 197.3632 (2). Staff recommends approval of Resolution 75, 2002, authorizing the Mayor to execute an agreement with Gary R. Nikolits, as Palm Beach County Property Appraiser for the collection of non-ad valorem assessments related to the PGA Flyover project. RESOLUTION 75, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH GARY R. NIKOLITS, AS PALM BEACH COUNTY PROPERTY APPRAISER AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens ("City") has elected under Section 197.363(1), Florida Statutes, for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632, Florida Statutes and City’s adoption of Resolution 162, 2001; and WHEREAS, City has enacted the imposition of special assessments for the provision of the PGA Flyover Assessment Area; and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: confirmed as being true Resolution. The foregoing "WHEREAS" clauses are hereby ratified and and correct and are hereby made a specific part of this SECTION 2: The Palm Beach Gardens City Council hereby approves the agreement with Gary R. Nikolits, as Palm Beach County Property Appraiser, attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute 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 Resolutions 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. PASSED, 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: Mayor Eric Jablin Vice Mayor Carl Sabatello Councilmember Joseph Russo Councilmember David Clark Councilmember Annie Marie Delgado AYE NAY ABSENT Resolution 75, 2002 -2- AGREEMENT THIS AGREEMENT made and entered into this ~ day of ,2002, by and between Gary R. Nikolits, as Palm Beach County Property Appraiser (the "Appraiser"), and City of Palm Beach Gardens , hereinafter "Local Government", WHEREAS, Local Government has elected under Section 197.363(1), Florida Statutes, for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632, Florida Statues, and Local Government’s adoption of Resolution 162, 2001; and WHEREAS, the Appraiser and Local Government are required to enter into an agreement pursuant to Section 197.3632(2), Florida Statutes, for the Appraiser to provide the Local Government with the information outlined in Section 197.3632(3)(b), Florida Statutes; WHEREAS, Chapter 92-264, Laws of Florida was enacted to provide that non-ad valorem assessments be set forth in the Notice of Proposed Property Taxes for Palm Beach County; NOW, THEREFORE, in consideration of the following covenants, conditions and promises the parties agree as follows: 1. The above representations are true and correct. 2. The Appraiser is entering into this Agreement without any determination that Local Government is qualified to collect its non-ad valorem assessments by the uniform method, and to the extent permitted by law, Local Government will indemnify and hold the Appraiser harmless from any challenge thereto, subject to the provisions of Florida Statute 768.28 relating to sovereign immunity. 3. The Appraiser will provide to Local Government the information described in Section 197.3632(3)(b), Florida Statutes, in compatible electronic medium June 1, 2002. 4. Local Government in levying and collecting non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes, will provide to the Appraiser the assessment rate expressed in dollars and cents per unit of assessment, the associated assessment amount and the purpose of the assessment, extended against each parcel within the boundaries of Local Government in compatible electronic medium prior to August 1, 2002. 5. The Appraiser will utilize the information provided by the Local Government pursuant to paragraph 4 herein in preparing the Notice of Proposed Property Taxes pursuant to Section 200.069, Florida Statutes, and, in addition to the information required in the Notice required by Section 200.069, Florida Statutes, the Appraiser shall include the non-ad valorem assessment levied pursuant to Section 197.3632, Florida Statutes, as separate, itemized entries. 6. Additionally, the Appraiser agrees to make available to Local Government an additional list of the information described in Section 197.3632(3)(b), Florida Statutes, shortly before September 15, 2002 certification date for Local Government to reflect the changes to the assessment roll between said date and June 1, 2002. 7. In return for the providing of the information as outlined in Paragraphs 3 and 6, Local Government agrees to reimburse the Appraiser, in accordance with Section 197.3632(2), Florida Statutes, for the necessary administrative costs incurred in providing the information. 8. The parties recognize the Appraiser processes changes to the assessment roll through a procedure known as Errors and Insolvencies (E & I’s). The Appraiser agrees to provide a copy each E & I processed to Local Government. The parties recognize Local Government has a process to make changes on its assessment roll. Local Government agrees to provide the Appraiser with information in written form, of any changes it makes. 9. This agreement shall automatically be extended hereafter, from year to year, unless and until terminated by either of the parties. This Agreement may be terminated at any time by the Local Government upon written notice to the Appraiser and payment for all services provided under this Agreement through the date of termination. This Agreement may be terminated at any time by the Appraiser upon written notice to the Local Government; however, notice given by the Appraiser after January I and prior to October 1, shall be effective only following completion of certification of that year’s non-ad valorem tax roll. Upon cancellation of the Agreement by the Appraiser, the Local Government shall reimburse all outstanding bills to the Appraiser within a reasonable time. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Agreement on the date first written above. Local Government By Attest: Gary R. Nikolits, as Palm Beach County Property Appraiser wp\agreemnt.wpd Rev. 04/02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 30, 2002 Subiect/Aqenda Item: Consideration of Resolution 77, 2002, authorizing the Mayor to execute an agreement with Palm Beach County Information System Services and Gary R. Nikolits, as Palm Beach County Property Appraiser. Recommendation/Motion: Staff recommends a motion to approve Resolution 77, 2002 as presented. Reviewed b~ City Atto rn e~.,~.Z,¢/ Financ~c) ACM Other Originating Dept.: Finance Advertised: [X] Not Required Affected parties ~[ ] Notified City Manager [X] Not required Costs: $--0- (Total) CurrentFY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: Resolution 77, 2002 [ ] None Background: The City initiated the process of implementing an assessment program to help fund improvements to the PGA Flyover Project in October, 2000. In December, 2001, Council approved a Notice of Intent Resolution as required in order to levy assessments for FY 2003. In order to continue with the implementation of the PGA Flyover Special Assessment Program, this agreement with the Palm Beach County Property Appraiser is required, which will allow the Property Appraiser’s office to distribute our non-ad valorem tapes directly to the Palm Beach County Information System Services Department. Staff recommends approval of Resolution 77, authorizing the Mayor to execute an agreement with Palm Beach County Information System Services and Gary R. Nikolits, Palm Beach County Property Appraiser. RESOLUTION 77, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH PALM BEACH COUNTY INFORMATION SYSTEM SERVICES (ISS) AND GARY NIKOLITS, AS PALM BEACH COUNTY PROPERTY APPRAISER AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens ("City") has entered into a contract with the Palm Beach County Property Appraiser to receive the list of properties in Local Government’s jurisdiction by compatible electronic medium pursuant to the provisions of Section 197.3632(3)(b), Florida Statutes WHEREAS, City has entered into a contract with ISS to take said compatible electronic medium and provide the computer services necessary for City both (a) provide the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium to the Property Appraiser and (b) to certify the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector; and WHEREAS, City, in order to expedite the services to be performed by ISS, wishes the Appraiser to deliver its property information in compatible electronic medium directly to ISS, and the Appraiser has agreed to do so and ISS has agreed to accept such; and WHEREAS, the City has enacted the imposition of special assessments for the provision of the PGA Flyover Assessment Area; and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "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 Palm Beach Gardens City Council hereby approves the agreement with Palm Beach County Information System Services (ISS) and Gary Nikolits, as Palm Beach County Property Appraiser, attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute said Amendment. 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 Resolutions 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. PASSED, 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: Mayor Eric Jablin Vice Mayor Carl Sabatello Councilmember Joseph Russo Councilmember David Clark Councilmember Annie Marie Delgado AYE NAY ABSENT Resolution 77, 2002 -2- ASSIGNMENT OF COMPUTER TAPE THIS AGREEMENT made and entered into’this ~ day of ,20_, by and between Palm Beach County Information System Services, hereinafter "ISS", and City of Palm Beach Gardens, hereinafter "Local Government", and Gary R. Nikolits, as Palm Beach County Property Appraiser, hereinafter the "Appraiser", WHEREAS, Local Government has entered into a contract with the Appraiser to receive the list of properties in Local Government’s jurisdiction by compatible electronic medium pursuant to the provisions of Section 197.3632 (3)(b), Florida Statutes; WHEREAS, Local Government has entered into a contract with ISS to take said compatible electronic medium and provide the computer services necessary for Local Government both (a) provide the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium to the Property Appraiser and (b) to certify the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector; and WHEREAS, Local Government, in order to expedite the services to be performed by ISS, wishes the Appraiser to deliver its property information in compatible electronic medium directly to ISS, and the Appraiser has agreed to do so and ISS has agreed to~ccept such; NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. The above representations are true and correct. 2. Local Government hereby assigns to ISS the property information in compatible electronic medium it is to receive from the Appraiser pursuant to the provisions o f Section 197.3632 (3)(b), Florida Statutes. 3. The Appraiser agrees to deliver said property information on compatible electronic medium directly to ISS. 4. ISS hereby agrees to accept said property information in compatible electronic medium on behalf of Local Government for use in providing the computer services necessary for Local Government both (a) to provide the non-ad valorem assessments for the Notice of Proposed Property Taxes on compatible electronic medium .to the Property Appraiser and (b) to certify the non-ad valorem assessment roll on compatible electronic medium to the Tax Collector. 5. This agreement shall be automatically extended hereafter, from year to year, unless and until terminated by either of the parties. The agreement may be terminated at any time by the Local Government upon written notice to the Appraiser, or by the Appraiser upon written notice to the Local Government; however, notice given by the Appraiser after January 1 and prior to October 1, shall be effective only following completion of certification of that year’s non-ad valorem tax roll. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above first written. Local Government: By:Attest: By:By: Gary R. Nikolits Palm Beach County Property Appraiser Director, Palm Beach County Information System Services wp\agreemnt.wpd CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 30, 2002 Meeting Date: May 30, 2002 Subject/Agenda Item: Consideration of Resolution 78, 2002, approving a Joint Participation and Project Funding Agreement with Seacoast Utility Authority relating to the widening of the western portion of Burns Road. Recommendation: Approval of Resolution 78, 2002 Reviewed by:~ City Attorney City Engineer Submitted by: City Attorney~ Originating Dept: City Attorney Advertised: Date: Paper: [ X] Not Required Affected parties: Approved by.~ /~ ] Notified City Manager r-" l I [ X] Not Required I Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memorandum to Council Resolution 78, 2002 Joint Participation and Project Funding Agreement M E M O R A N D U M WA-n-ERSON, HYLAND & KLETT, P.A. To: From: Subject: Date: Hon. Mayor and City Council Rubin, City Attorney ~LeonardG. Approval of Joint Participation Agreement with Seacoast May 3, 2002 Ron Ferris, City Manager This is a request for approval of a Joint Participation and Project Funding Agreement with Seacoast Utility Authority relating to the widening of the western portion of Burns Road. In conjunction with the City’s construction project, Seacoast desires to install certain utility improvements which were included in the bid package for Burns Road. The Agreement provides a mechanism for Seacoast to pay to the City all costs attributable to the construction of its utility improvements along the Burns Road right-of-way. Seacoast will be responsible for performing all special services related to the construction of the utility improvements, including inspections and certification of the improvements. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P :\CPWin\HISTORY\020419A\446 .A3(319.055) CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 78, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT WITH SEACOAST UTILITY AUTHORITY RELATING TO THE WIDENING OF THE WESTERN PORTION OF BURNS ROAD; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, in conjunction with the City’s widening of the western portion of Burns Road, Seacoast Utility Authority ("Seacoast") desires to construct certain utility system improvements which were included within the bid package for the Burns Road project; and WHEREAS, in order to make the best use of their resources, the City and Seacoast desire to enter into a Joint Participation and Project Funding Agreement whereby Seacoast agrees to pay all costs attributable to its utility system improvements; and WHEREAS, the City Council determines that the execution of the Joint Participation and Project Funding Agreement is in the interest of the health, safety and welfare of the citizens 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 Joint Participation and Project Funding Agreement with Seacoast Utility Authority, attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes and directs the Mayor and City Clerk to execute said Agreement on behalf of the City. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. -1- SECTION 7: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AND APPROVED THIS__DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN 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 COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND SEACOAST UTILITY AUTHORITY FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF BURNS ROAD WEST WIDENING PROJECT TillS AGREEMENT, made and entered into this day of 2002, by and between the CITY OF PALM BEACH GARDENS, a Florida Municipal corporation, hereinafter referred to as "CITY" and SEACOAST UTILITY AUTHORITY, a separate Florida legal entity, hereinafter referred to as the "AUTHORITY". WITNESSETH: and WHEREAS, CITY intends to construct improvements to Burns Road, hereinafter "Project"; WHEREAS, transmission systems, "Improvements"; and AUTHORITY desires to construct water distribution and or sewage utility adjustments and other utility system improvements, hereinafter WHEREAS, CITY and AUTHORITY desire to jointly participate in the construction of the Improvements and the Project in order to make the best use of the CITY and AUTHORITY resources; and WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage and thereby provide services and facilities that will harmonize geographic, AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND SEACOAST UTILITY AUTHORITY FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF BURNS ROAD WEST WIDENING PROJECT THIS AGREEMENT, made and entered into this ~ day of 2002, by and between the CITY OF PALM BEACH GARDENS, a Florida Municipal corporation, hereinafter referred to as "CITY" and SEACOAST UTILITY AUTHORITY, a separate Florida legal entity, hereinafter referred to as the "AUTHORITY". WITNESSETH: and WHEREAS, CITY intends to construct improvements to Burns Road, hereinafter "Project"; WHEREAS, transmission systems, "Improvements"; and AUTHORITY desires to construct water distribution and or sewage utility adjustments and other utility system improvements, hereinafter WHEREAS, CITY and AUTHORITY desire to jointly participate in the construction of the Improvements and the Project in order to make the best use of the CITY and AUTHORITY resources; and WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage and thereby provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, both CITY and AUTHORITY declare that it is in the public interest that the Improvements be constructed with the Project; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties agree as follows: 1.The purpose of this Agreement is to clarify the parties’ roles and obligations regarding procurement, construction and funding of AUTHORITY’s Improvements to be constructed in conjunction with the Project. 2.AUTHORITY agrees to fund and pay directly to CITY costs attributable to construction of the Improvements along the right-of-way of the Project as outlined and shown in the Bid Documents for City of Palm Beach Gardens Project #00-4107 B. 3.Said cost for the Improvements is One Hundred Sixteen Thousand and 00/100 dollars ($116,000.00), in accordance with the attached bid tabulation (Attachment "A"). 4.Costs shall be adjusted to actual contract costs for the Improvements using contract unit prices and actual construction quantities. Said quantities shall be measured by CITY’s Engineering and Public Works Department in conjunction with AUTHORITY’s Engineer and reviewed by AUTHORITY at the time of the contractor’s monthly pay application. AUTHORITY shall return to the CITY said monthly pay application(s) within five (5) working days of receipt same from the CITY. 2 5.AUTHORITY agrees to remit periodic payment(s) for the Improvements as set forth in Paragraphs 2 through 4 above within thirty (30) days of receiving written notice from the CITY that payment is required. Agreement. CITY is to be responsible for administering the funds in accordance with this 7.AUTHORITY is to be responsible for, and agrees to provide or cause to be performed all inspection services related to the Improvements during construction of the Improvements, including certification of the Improvements. 8.CITY shall obtain AUTHORITY’s written approval which approval shall not be unreasonably withheld for any change orders which change the cost attributable to the construction of Improvements. AUTHORITY shall notify CITY of its intent to approve or deny the change order within five (5) working days of CITY’s notice to the AUTHORITY of the necessity for a change order relating to the Improvements. AUTHORITY shall be responsible for any costs caused by AUTHORITY’s delays, including but not limited to Project delays. CITY shall be responsible for any costs caused by CITY’s delays, including but not limited to Project delays. 9.In the event that the parties determine that additional Improvements and additional funding are required, for the satisfactory completion of the Improvements, the additional cost attributable to the construction of the Improvements, as outlined in the specifications for this project, is the responsibility of AUTHORITY. In the event of an "under run" attributable to said construction of the Improvements, AUTHORITY will be credited or refunded the excess amount. 10.The parties to this agreement shall not be deemed to assume any liability for the negligent or wrongful acts or omissions of the other party. Nothing contained herein shall be 3 construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. 11.In the event a claim or lawsuit is brought against CITY its officers, employees, servants, or agents, AUTHORITY agrees, without waiver of limitation as provided for in Section 768.28, Florida Statues, and to the extent permitted by law, to indemnify and hold harmless CITY, its officers, employees, servants or agents from and against any claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that CITY, its officers, employees, servants or agents may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement arising out of any act, omission or fault whether active or passive of AUTHORITY or anyone acting under its direction or control, or on its behalf in conjunction with or incidental to the performance of this Agreement. 12.In the event a claim or lawsuit is brought against AUTHORITY, its officers, employees, servants, or agents, CITY agrees, without waiver of limitation as provided for in Section 768.28, Florida Statutes, and to the extent permitted by law, to indemnify and hold harmless the AUTHORITY, its officers, employees, servants or agents from and against any claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the AUTHORITY, its officers, employees, servants or agents may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement whether arising out of any act, omission or fault whether active or passive of the CITY or anyone acting under its direction or control, or on its behalf in conjunction with or incidental to the performance of this Agreement. 13.All provisions of this Agreement calling for the expenditure of money by either CITY or AUTHORITY are subject to annual budgetary funding and should either Party fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. However, once the construction of Improvements commences this Agreement shall be binding upon the parties and shall no longer be contingent upon the availability of funds for the proposed Improvements. AUTHORITY shall not have the right to terminate this Agreement for the reason that sufficient funds are not available for the Improvements. Further, once the CITY commences construction of Improvements, the Improvements shall be prosecuted to completion, unless the AUTHORITY notifies CITY in writing that further work on the Improvements shall cease. In that event AUTHORITY shall be responsible for all costs incurred relating to the Improvements. 14.Any and all notices required or permitted to be given hereunder shall be deemed received when hand delivered or three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the AUTHORITY shall be sent to: Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, FI 33410 Attn: Richard Bishop, Executive Director All notice to the CITY shall be sent to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, F1 33410 Attn: Ronald M. Ferris, City Manager and copy to: Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, FL 33410 Attn: Leonard G. Rubin, City Attorney 15.Any costs or expenses, including reasonable attorney’s fees, associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective party who incurred same provided, however, that this clause pertains only to the parties to this Agreement. 16.Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 17.This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereinafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 18.The preparation of this Agreement is considered a joint effort of the parties and the resulting document shall not as a matter of judicial constraint be construed more severely against one of the parties than the other. 19.CITY and AUTHORITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, martial status or sexual orientation, be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 20.In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 21.This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Agreement. 6 IN WITNESS WItEREOF, the Parties hereto have executed this agreement on the day and year first above written. SEACOAST UTILITY AUTHORITY, by its Governing Board CITY OF PALM BEACH GARDENS, FLORIDA, by its City Council Dennis Kelly, Vice Chair Mary ~n S~iles, Authority Clerk By:. Eric Jablin, Mayor ATIEST: Blane Kauthen, Deputy City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. Nathan E. Nason, Authority Attorney By: Leonard G. Rubin, City Attorney \PBGSUBOR\CITYWEST.wp:041702 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 30, 2002 Subject/Agenda Item: Resolution 84, 2002, Approving an Agreement with DCA for $350,000 of grant monies. Recommendation/Motion: Staff recommends City Council approve Resolution 84, 2002 and ask the Mayor to sign the attached Disaster Relief Funding Agreement with the Department of Community Affairs for $350,000 in grant funding to be used for Plat 4 drainage improvements. Reviewed.~~City Attorp’ey ~ Finance ~ ACM ./ [ Human Res. Other Originating Dept.: Engineering Submitted by: Dan Clark t~~.~,~.~ (~"~[ ] Not required / BACKGROUND: Advertised: NA Date: Paper: [ ] No’t Required ..Affected parties Project Costs $592,723 Grant Amount $350,000 City Funding $242,723 Matching Funds previously spent $91,000 Current FY $ 0 FY 2003 Budget $75,861 FY 2004 Budget $75,861 Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [] Approved w/conditions [] Denied [ ] Continued to: Attachments: Resolution 84, 2002 [ ] None For the past several years we have been working to secure a grant from FEMA for the drainage work within Plat 4. Our unmet needs request was initiated in 1998 in association with Hurricane Mitch. The City was granted $350,000 to perform the needed drainage work within Plat 4. This Resolution allows the Mayor to execute the attached agreement with DCA finalizing the paperwork and allowing the City to move forward with implementation of the more critical drainage improvements in Plat 4. In executing this agreement the City agrees to complete the work described in Attachment A within two years. This commitment requires the City to add an Pc\\P:\OO-4107B\w\Council Agenda Cover additional $151,723 to the project over the next 2 years. Staff anticipates construction starting in September 2002. The work will be broken into three phases with work occurring on North Banyan, South Banyan, Pinetree Boulevard, and Hazel over the next 18 months. This work was assumed to be assured during the preparation of the Stormwater master plan. RECOMMENDATION: Staff recommends approval of Resolution 84, 2002 as presented. Pc\\P:\O0-4107B\w\Council Agenda Cover CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 84, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A DISASTER RELIEF FUNDING AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS FOR $350,000 IN GRANT FUNDS FOR PLAT 4 DRAINAGE IMPROVEMENTS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City has been working to secure a grant from FEMA, as administered by the Department of Community Affairs, for drainage improvements to be constructed within Plat 4; and WHEREAS, the City seeks to enter into a Disaster Relief Funding Agreement whereby the City will receive $350,000 in grant funds and will be obligated to spend $151,723 in matching funds over the next two years; and WHEREAS, the City Council determines that the execution of the Disaster Funding Agreement 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 approves the Disaster Funding Agreement attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes the Mayor and City Clerk to execute such 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. -1- SECTION 5: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AND APPROVED THIS __ DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN 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 COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- Exhibit A Contract Number:02UN-JW- 10-60-15-003 CFDA Number: .83.548 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Department"), and the City of Palm Beach Gardens (the "Recipient"). This Agreement is based on the existence of the following conditions: .. Hurricane Mitch had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a declaration of emergency by the Governor in Executive Order 98-232. In consequence of Hurricane Mitch, the President of the United States declared Hurricane Mitch a major emergency in FEMA-1259-DR-FL, Palm Beach County. The Agreement between the State of Florida and the Federal Emergency Management. Agency (the "Agency") governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Subgrantees. Chapter 00-166, Fla. Laws, in Specific Appropriations 1259-Mitch- 1406N appropriates funds for Hurricane Mitch. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Agency cotasequent to a presidential declaration of disaster. Based upon the existence of the foregoing.conditions, the parties agree to the following: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and .Scope of Work, Attachment A of this Agreement. (2)INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES, Both the ,Recipient and the Department shall be govemed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3)PERIOD OF AGREEMENT. (4) (5) This Agreement shall begin upon execution by both parties and shall end twenty-four (24) months from the date of execution, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly si.gned by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., ifa check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the -face amount of check or draft. RECOKDKEEPING (a)As applicable, Recipient’s performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State .and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles forState and Local Governments," OMB Circular No. A-21, "Cost Principles for ¯Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for- profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b)All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of (6) submission of the final close-out report, whichever is later, with the following exceptions: I.If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. Records relating to real property acquisition shall be retained for three years after closing of title. (c)All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws,and regulations. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. REPORTS (a)At a minimum, the Recipient shall, provide the Department with quarterly reports, and with a close-out report. ¯ (b) (c) (d) Quarterly reports are due to be received by the Department no later than 30 days after the end. of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the 3 (7) (8) (9) Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the.Budget and Scope of Work. (e)Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (0 The Recipient shall provide additional reports and information as identified in Attachment G, MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. LIABILITY. (a)Unless Recipient isa State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b)Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits.against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. DEFAULT; REMEDIES; TERMINATION. (a)If the necessary funds are not available to fund this agreement as a result of action by Congress,. the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligationson the part of the Department to make any further 4 (b) payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keepiobserve or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; If any material adverse change shall occur in the financial Condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirt),. (30) days from the time the date written notice is sent by the Department. If any reports required by this Agreement have not been submitted to the Department or have been .submitted with incorrect, incomplete or insufficient information; If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work. attached hereto as Attachment A. Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient’s failure to timely cure, exercise any one or more of the following remedies~ either ¯ concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; Commence an appropriate legal or equitable action to enforce performance of this Agreementi 5 (I0) 3.Withhold or suspend payment of all or any part of a request for payment; o Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any itemsdetermined to be ineligible; o Exercise any other rights or remedies which may be otherwise available under law; (c)The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d)Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e)The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (0 (g) This Agreement may be terminated by the written mutual consent of the parties. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized bylaw, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. NOTICE AND CONTACT. (a)All noticesprovided under or pursuant to this Agreement Shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said ¯ notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: (11) (c) Mr. Miles Anderson, Planning Manager Bureau of Recovery and Mitigation Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 922-4442 Fax: (850) 922-1259 The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Ron Fen-is, City Manager City of Palm Beach Gardens 10500 NorthMilitary Trail Palm Beach Gardens, Florida 33410 Telephone: (561) 799-4110 Fax: (561) 799-4111 (d)In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. OTHER PROVISIONS. (a) (b) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 7 (c) (d) (e) (g) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor listi!may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may .not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, (12) bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and o have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated .for cause default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this agreement. AUDIT REQUIREMENTS. (a)The Recipient agrees to maintain financial procedures and support .documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b)These records shall be available at .all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) (d) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. In the event that the Recipient expends $300,000 or more in Federal awards inits fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds. received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-i33, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 9 In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A,133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). The annual financial audit report shall include all management letters and the Recipient’s response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically, identifying all Agreement and other revenue by sponsoring agency and Agreement number. o Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, revised, by or on behalf of the Recipient directly to each of the following: (a)The Department at each of the following address: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General Attn: Ted J Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 (b)The Federal Audit Clearinghouse designated in OMB Circular A- 133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should lo o (e) (0 (g) submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 th Street Jeffersonville, IN 47132 (c)Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(0, OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at the following program address: Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399’2100 In the event the audit shows that the entire funds disbursed hereunder, ¯or any portion thereof, were not ~pent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings ihave been resolved. ~ The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) (14) (15) (h)The audit is due seven (7) months after the end of the fiscal year Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (i)An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. SUBCONTRACTS. If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the ¯executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontracto.r shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontract0r’s performance of worl~ under this Agreement, to the extent allowed and required by law. TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b)In the event of any inconsistencies or conflict between the language of this Agreement and¯the attachments hereto, the lang.uage of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c)This Agreement has the following attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Budget and Scope of Work Program Statutes and Regulations Copyright, Patent, and Trademark Statement of Assurances Request for Advance or Reimbursement Form Summary of Documentation Quarterly Report Form 3.2 (16)FUNDING/CONSIDERATION. (17) (a)This is a cost-reimbursement Agreement. The Recipient shall be.reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the amounts listed in Attachment A, subject to the availability of funds. (b)Any advance payment under this Agreement is subject to s. 216.181 (15), Florida Statutes. The amount whichmay be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federallY funded contract, any advance payment is also subject to federal OMB Circulars A-87, A- 110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment F. Attachment F will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. (c)After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) (b) (c) The State of Florida’s performance and obligation topay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance, with Chapter 216, Fla. stat. or the Florida Constitution. ¯ If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two. (2) years after the. initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d)If otherwise allowed under this Agreement, all bills for any travel .expenses shall be submitted in accordance with s. 12.061,Fla. Stat. 13 (18) (e)The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (0 If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department’s obligation to pay the contract amount. (g)The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized al!en workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. LOBBYING PROHIBITION. (a) (b) No funds or other resources received from the .Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature orany state agency. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: ¯No Federal appropriated funds have been paid or will be paid, by or’on behalf of the undersigned, to any person ¯for influencing or attempting¯ to influence an officer or employee of any agency, a Member of Congress, ¯an officer or employee of Congress, or an employee of a Member of ¯ Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other .than Federal appropriated funds have been paid or will be paid to any person for influencing or¯ attempting to influence an officer ¯ or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with (19) (20) (21) this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3~:The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a.material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. COPYRIGHT, PATENT AND TRADEMARK. If applicable to this Agreement, refer to Attachment C for terms and conditions relating to copyrights, patents and trademarks. LEGAL AUTHORIZATION. The Recipient Certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. 3_5 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: CITY OF PALM BEACH GARDENS BY: Name and title: Date: FEID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: W. Craig Fugate, Director, Division of Emergency Management Date: 16 Contract Number: 02UN-JW- 10-60-15-003 CFDA Number: 83.548 Disaster Relief Funding Agreement FEMA-DRoFL-1259-003 Attachment A Budget and Scope of Work Subgrantee, City of Palm Beach Gardens will implement a drainage retrofit to provide improved water quality treatment. Additional detention area will be placed on the unimproved Pine Tree Boulevard right-of-way south of Birch Street. Theexisting drainage system was designed and constructed without detention/retention for water quality. Specifically, we will be making improvements to Basin 2, Basin 3, and Basin 9. Improvements to Basin 2 include a new outfall running along Hazel Avenue to Banyan Street discharging to the EPB-3D Canal. Improvements to Basin 3 include a new outfall from the north end of Banyan Street across Linten Street to EPB-3C Canal. The improvements to Basin 9 include new pipe of a larger size for a significant length along Banyan Street, as well as, additional stormwater storage along the unimproved Pine Tree Boulevard right-of-way.at the southern end of Banyan Street adjacent to the EPB-3D Canal. This will provide a significant improvement over the existing water quality and water quantity concerns for Unit 2, Plat 4. Additional improvements will be made to the other six basins within Unit 2, Plat 4 consistent with the surface water management planning document currently being prepared by the City. This is FEMA Unmet Needs project 1259-003. Funding Summary for 1259-003: ¯ Federal Share:$ 300,000.00 State Share:$ 50,000.00 Local Match:$ 242,723.00 Project Cost:$ 592,723.00 A-1 Federal Emergency Management Agency Region IV 3003 Chamblee-Tucker Rd Atlanta,,GA 30341 July 26, 2001 Mr. W. Craig Fugate Interim Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention: Eric Poole Dear Mr. ~~~ I am pleased to inform you that the Federal Emergency Management. Agency (FEMA) has granted final approval for the following Unmet Needs project : 1259-03, City of Palm Beach Gardens (Palm Beach County) Unit 2 Plat 4 Stormwater System Improvements This project was previously granted conditional approval pending the environmental review. The environmental review has been completed and the projects may now proceed. The award is pursuant to the authority of Public Law 106-31 ("The Emergency Supplemental Apprgpriations Act"), and is subject to the Agreement Articles. The award is also contingent upon fulfillment of the terms and conditions defined within this correspondence. The amount of the award for each project is shown in the table below. The State and local governments.~ave agreed to provide the match amount shown in the table below. Project Palm Beach Gardens Unit 2 Plat .4 Stormwater System Improvements Federal State Local Total Cost Share Share Share. $300,000 $50,000 $i,~13,538 $1,663,.538 Funds will be made available in. the State’s Smartlink account and this will be detailed in a .separate mailing.Enclosed is a copy of each project’s environmental review.~ By accepting the award, the State assumes certain administrative responsibilities including the timely submission of progress and financial reports and the maintenance of a minimum level of cash on hand. Quarterly progress reports on all projects funded should reflect the status and completion date of each project and should contain information as to any problems or circumstances affecting completion dates, scope of work or project costs which are expected to result in non-compliance with~the approved grant conditions~ Copies of the completed quarterly reports should be submitted to: Lawrence Frank Federal Emergency Management Agency Mitigation Division 3003.Chamblee-Tucker Road Atlanta, Georgia 30341 and: Sandra McNease Federal EmergencyManagement Agency Federal Regional Center ¯402 South Pinetree Boulevard Thomasville, Georgia 31792 If you have any questions concerning this action, please contact Lawrence Frank at (770) 220-5438. Si, ncer//~, A. Todd Davison, Director Mitigation Division Enclosures A-3 FEDERAL EMERGENCY.MANAGEMENT AGENCY Region IV 3003 Chamblee-Tucker Road Atlanta, Georgia 30341 September 18, 1998 SUBJECT:Group Categorical Exclusion for Repairs, Reconstruction, Restoration, Elevation, Basement Floodproofing, Retrofitting and/or Upgrading of Structures DR-FL-1249 Unmet Needs FEMA proposes to partially fund repairs, reconstruction, restoration, elevation, basement floodproofing, retrofitting and/or upgrading of structures, including homes, buildings, roads, bridges, culverts, and utility lines and facilities. These actions (projects) may qualify for FEMA assistance programs to reduce disaster-related losses and damages and threats to public health and safety. Actions that qualify for FEMA funding under DR-FL-1249 Unmet Needs, fit within the exclusion categories defined in 44 CFR § 10.8 (d)(2)(xiv) through (xvi), and meet the additional criteria defined below are categorically excluded from preparation of an Environmental Assessment or an Environmental Impact Statement. 44 CFR § 10.8 (d)(2)(xiv): "Granting of community-wide exceptions for floodproofed residential basements meeting the requirements of 44 CFR § 60.6 (c) under the National Flood Insurance Program;" 44 CFR § 10.8 (d)(2)(xv): "Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current codes and standards, or replacement of any facility in a manner that substantially conforms to the preexisting design, function, and location;" 44 CFR § 10.8 (d)(2)(xvi): "Improvements to existing facilities and the construction of small scale hazard mitigation measures in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, and when those actions do not alter basic functions, do not exceed the capacity of other system components, or modify intended land use; provided the operation of the completed project will not, of itself, have an adverse effect on the quality of ¯ the human environment. A’4 Group CATEX #’s 14-16 DR-FL-1249 Unmet Needs Page 2 of 3 September 28, 1998 For DR-FL- 1249 Unmet Needs, the following criteria must also be met to qualify for this exclusion: 1.Documentation that no extraordinary circumstances, as defined in 44 CFR § 10.8 (d)(3), exist in relation to the action. 2.All required State and/or Federal wetlands, waterways, stormwater, water quality, and other letters or permits have been obtained or will be obtained before project work starts. 3.The action will not notably change the hydrology or hydraulics upstream or downstream from the project site. 4.No State- or Federally-listed threatened or endangered species are present or use the habitat in the project area. 5.The structure must remain substantially within the existing footprint and conform to standard industry practices for design and construction. 6. The work must remain within the previous horizontal and vertical limits of disturbance. 7.No known cultural resources are present and there is a low probability of unknown cultural resources. 8.If the structure is listed or eligible, to be listed on the National Register of Historic Places, the applicant must consult with the State Historic Preservation Officer before initiating work. Hazardous or toxic materials, if present, are at levels within the regulatory limits not triggering action by Federal, State or local laws or regulations. (Household hazardous’waste meeting the definition set forth at 40 CFR is to be handled in a manner whichmeets all the Federal, State and local laws and regulations.) 10.The presence of any condition or arty material on site, that is regulated, is to be managed, handled and disposed of in accordance with Federal, State and local laws and regulations (e.g., underground tanks, asbestos, septic tanks). For each action proposed under this Group Categorical Exclusion (CATEX), send either extracts of or the entire project file to the FEMA Region IV Regional Environmental Officer (REO). The materials that are sent should include the project location, nature and method of work, and certification (letters, .permits, etc.) that each of the above criteria have been met. Upon review and approval, the. REO will append this Group, CATEX and the action will be deemed to have fulfilled the requirements of National Environmental Policy Act and may be funded if otherwise eligible. Group CATEX #’s 14-16 DR-FL- 1249 Unmet Needs Page 3 of 3 September 28, 1998 Group CATEX Approved: William R. Straw Regional Environmental Officer Date Recommended: Prepared By.Science Kilner Date This Group CATEX Applies To: DR-FL-1259 Unmet Needs - City of Palm Beach Gardens - Unit 2 Plat 4 Stormwater System Improvements William R. Straw Regional Environmental Officer Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) (2) (3) (4) (5) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25,206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents;. State of Florida Administrative Plan for the Hazard Mitigation Grant Program; Hazard Mitigation Long-term Recovery Guidance; and All applicable laws and regulations delineated in Attachment D of this Agreement 13-1 Attachment C (a) (b) (c) Copyright, Patent and Trademark If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention tothe Department for¯a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent fights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements, to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. Attachment D Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a)It possesses legal authority to enter into this agreement, and to execute the proposed program; (b)Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation grant agreement with the Department, including all understandings and assurances contained therein, and directing and authorizing the Recipient’s chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c)No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or p.art of this agreement or to any benefit to arisefrom the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontractsa provision prohibiting such interest pursuant to the purpose state above; (d)All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide .for the method of payment in such event; (e) It will comply with: (1)Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,. requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2)Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. It ,will comply with: (1)Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of .race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary tO effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to. the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the realproperty or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) (3) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prbhibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall .be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, .rates of.pay or other forms of compensation; and election for ¯ training and apprenticeship; D-2 (g) (h) (i) (k) (l) (m) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101- 336, 42 U.S.C. Section 12101 et Seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, F__~S; It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; It will comply with the provisions of 18 USC 594, 598,600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS)which is Appendix A to 4"1 CFR Section 101-1’9.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; It will in connection with its performance of environmental assessments under the National Environmental-Policy Act of 1969, Comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1)Consulting with the State Historic Preservation Office to identify properties. listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and D-3 (2) (3) (4) .(5) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. When any of Recipient’s projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior’s Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734- 37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO’s opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible ¯ steps to .be accomplished to avoid any National Register eligible ¯archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. (n) (o) If Recipient is unable to avoid the archeological property , develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6)Recipient shall notify the Department and FEMA as soon as.practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop constructibn in the vicinity of the discovery of a previously ¯ unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7)Recipient acknowledges that, unless FEMA specifically stipulates 0th+rw;_se’ it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. It will comply with Title IX of theEducation Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; It xZvill comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45794) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; D-5 (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (aa) (bb) (cc) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd- 3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201- 6422), and the provisionsof the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research; teaching, or other activities supported by an award of assistance under this agreement; It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601 - 3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply withthe Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; It will comply with the Clean Water Act of 1977, as amended, 42 U:S.C. 7419-7626; It will comply with the Endangered Specie~ Act of 1973, 16 U.S.C. 1531-1544; It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant .to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; It will .comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; D-6 (dd) (ee) (fO (gg) (hh) (ii) (J J) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is .acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); 12898 (Environmental Justice); It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. Return the property to its natural state as though no improvements had ever been contained thereon. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient’s jurisdiction to. detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4.Provide documentation of the inspection results for each structure to indicate: aoo Safety Hazards Present Health Hazards Present Hazardous Materials Present o Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable, structures. D-7 6.Leave the demolished site clean, level and free of debris. o Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8.Obtain all required permits. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10.Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). !1.Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12.Provide documentation of public notices for demolition activities. Attachment E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement of Funds Under the Unmet Needs Program SUBGRANTEE NAME: City of Palm Beach Gardens DECLARATION NO: FEMA-1259-DR-FL ADDRESS: CITY, STATE, ZIP CODE PAYMENT No: FEMA Tracking Number: 1259-03 DCA Agreement No:02UN-JW- 10-60-15-003 Eligible Amount 100% Obligated FEMA 75% Obligated State Match 12.5% Obligated Local Match 12.5% Previous Payments Current Request DCA Use Only Approved Comments TOTAL CURRENT REQUEST $. I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE: TO BE ’COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL ADMINISTRATIVE COST APPROVED FOR PAYMENT GOVERNOR’S AUTHORIZED REPRESENTATIVE DATE . Attachment F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE UNMET NEEDS PROGRAM Applicant City of Palm Beach Gardens DCA Agreement No.02UN-JW- 10-60-15-003 Disaster No.,1259 FEMA Tracking # 1259-03 Applicant’s Reference No. (Wa~ant, Vonqhero Claim Check, or Schedule No.) Date of deliver/of articles, completion of work or performance DOCUMENTATION List Documentation (Applicant’s payroll, material Out of applicant’s, stock, applicant owned equipment and name of vendor or contractor) by categot, y and line item in the approved project application and give a brief description of the articles or s~ces. TOTAL Applicant’s Eligible Costs 100% Attachment G FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT FORM SUBGRANTEE: City of Palm Beach Gardens PROJECT LOCATION: Stormwater System Improvements DISASTER NUMBER: FEMA-DR-1259-FL Percentage of Work Completed (may be confirmed by state inspectors): Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Project Number #: 1259-032 DCA ID #: 02UN-JW,10-60-15-003 QUARTER .ENDING: Provide a schedule for the remainderof work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status:¯ [ ] Cost Unchanged Additional Comments/Elaboration: [ ] Under Budget [ ] Over Budget NOTE:¯ Department of Community Affairs (DCA) staffmay perform interim inspections and/or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form G-1 ¯ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item Meeting Date: May 30, 2002 Date Prepared: May 13, 2002 Purchase of one used M932 5-ton 6x6 chassis for use as a Brush F.ire Unit. (Fire Rescue) Recommendation/Motion: Staff recommends the purchase of one used M932 5-ton 6x6 chassis for the sum of $23,000.00 from a grant we were awarded from the State of Florida, Department of Commun.itY Affairs Emergency Management Preparedness Assistance Trust Fund. Reviewed b~--~ City Atto~y~ Finance/~ ACM Human Res. Submitted by: Peter T. Ber~ Department Head~-~ Appro~City Manage ~ Originating Dept.: Fire Rescue Robert J. Boniews~ Commander Advertised: Date: Paper: The Palm Beach Post [ ] Not Required Affected parties [ X ] Not required Costs: $23,000.00 Total $.2~,ooo oo Current FY Funding Source: [ ] Operating [ X] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Staff Report Letter of Support Grant Application Resolution BACKGROUND: The Fire Rescue Department currently has a fleet of three Brush Fire Units in service, one for each of the existing three fire rescue stations. The purchase of this additional vehicle will be utilized by the Brush Fire Strike Team and assigned to the new Fire Rescue Station 3. The funding for the purchase of this vehicle was made possible thru a grant from the State of Florida Department of Community Affairs, Emergency management Preparedness Assistance trust Fund. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mr. Ron Ferris, City Manager APPROVED: Peter T. Bergel, Fire Chi~~ FROM: Robert J. Boniewski, Comman SUBJECT: Purchase - Brush Fire Unit chassis. Date: May 13,2002 Background Currently, the Fire Rescue Department has a fleet of three Brush Fire Units, one at each of the City’s present fire rescue stations. Fire Rescue was awarded a grant from the State of Florida Department of Community Affairs, Emergency Management Preparedness Assistance Trust Fund to purchase of one additional Brush Fire Unit for response to fires in the wildland-urban interface areas of the City of Palm Beach Gardens. This brush fire unit will be assigned to new Fire Station 3 on Northlake Boulevard and Howell Lane. Issue The Fire Rescue Department anticipates that the new Fire Rescue Station 3 will begin to provide service to the residents and visitors of the City of Palm Beach Gardens during the month of August 2002. This additional new facility will greatly enhance the level of service provided by the Fire Rescue Department. The purchase of this Brush Fire Unit chassis for the Brush Fire Strike Team will be assigned to the new Fire Rescue Station 3 and will also help to facilitate a more timely response to brush fires in the wildland-urban interface areas of the City. The Brush Fire Unit chassis will be purchased with funds provided thru a grant program by the State of Florida Department of Community Affairs, Emergency Management Preparedness Assistance Trust Fund. The chassis being purchased has additional safety features and improvements over the present brush fire units in service, including an automatic transmission for ease of training and operation. Recommendation Staff recommends the purchase of one Brush Fire Unit chassis for the sum of $23,000.00 from the funds provided by the grant thru the State of Florida Department of Community Affairs, Emergency Management Preparedness Assistance Trust Fund. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 79, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PURCHASE OF ONE AM GENERAL JEEP TRUCK MODEL M932 FROM WHITE OWL PARTS CO., INC. FOR USE AS A FIRE BRUSH UNIT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALLDOCUMENTS NECESSARY TO EFFECTUATE SUCH PURCHASE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Fire Rescue Department is solely responsible. for the delivery of all fire suppression services throughout the City, including wildland-urban interface fires; and WHEREAS, the delivery of effective fire suppression operations in the urban interface areas throughout the City requires the ability to travel off-road to facilitate urban firefighting activities; and WHEREAS, the new Fire Station 3 on Northlake Boulevard and Howell Lane requires the addition of a brush truck in order to better serve the residents in the southern half of the City; and WHEREAS, the State of Florida Department of Community Affairs awarded a grant to the Palm Beach Gardens Fire Rescue Department from the Emergency Management Preparedness Assistance Fund to purchase a used brush truck to be utilized for the Brush Fire Strike Team; and WHEREAS, the City issued an Invitation to Bid for the brush truck chassis and received only one bid from White Owl Parts Co.; and WHEREAS, the City Council determines it to be in the best interests of the health, safety and welfare of the residents of Palm Beach Gardens to accept the bid for the brush truck chassis as funded by the Department of Community Affairs grant. 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. -1- SECTION 2: The City Council hereby accepts the bid of White Owl Parts Co., Inc. in the amount of $23,000 and authorizes the Mayor and City Clerk to execute all documents necessary to effectuate such purchase. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AND APPROVED THIS DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN 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 COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 30, 2002 Date Prepared: April 30, 2002 SUBJECT/AGENDA ITEM SP-02-03: Mirasol Parcel 12 Consideration of Approval: a request by. Anne Booth of Urban Design Studio, on behalf of Taylor Woodrow Communities, to allow for the construction of 38 custom homes on 80 X 142.5 foot lots. The 15.5-acre pod is located within the Mirasol Planned Community District (PCD). The Mirasol PCD is bounded by PGA Boulevard to the south, Hood Road to the north, Florida’s Turnpike to the east and the C-18 Canal to the west (01-42S-42E). RECOMMENDATION Staff recommends APPROVAL of Resolution 65,2002 with conditions of approval. Reviewed by: Principal Planner Talal Benot~P City Attorn~._,(_=(~ Finance NA Human Res. NA Growth/’~Y:t Director; ~ Cha rles’~.V~V~,-/~l Cp Approved by:/~ City Man age r/,_~,~.~:~ Ronald M. Ferr;~ Originating Dept.: Growth Management: PMra°JneaCgte r ~ Edward To~ Development ~Compliance Bahareh Wolfs, AICP Advertised: Date: Paper: Palm Beach Post [X] Not Required Affected parties: [ ] Notified [X] 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: ¯ Map 1: Mirasol PCD Master Plan ¯ Aerial Photos ¯ Code Comparison Table ¯ Mirasol Comparison Tables ¯ Site Plan City Council Meeting Date:’May 30, 2002 Date Prepared: May 1, 2002 SP-02-03 BACKGROUND The Mirasol PCD Master Plan was approved by the City Council by Ordinance 8, 2000, on May 18, 2000, and was revised by Ordinance 18, 2001. The master plan provided for 25 residential pods that range from multi-family, zero-lot line single family, and custom single family homes. To date, 30 Certificates of Occupancy have been issued for residential homes, in addition to the sales center, golf training center, cart barn (temporary clubhouse), and the golf maintenance facility. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL-3), and has a future land-use designation of Residential Low (RE). The gross density for the Mirasol PCD is .93 dwelling units per acre, consistent with the Residential Low (RL) designation in the comprehensive plan. Parcel 12 has a Master Plan designation of Medium Density, which allows for up to 9 dwelling units per acre within the development parcels. A density of 2.45 dwelling units per acre is proposed on Parcel 12. CONCURRENCY Concurrency has been reserved through the initial PCD process. PROJECT DETAILS Phasing The development of the subject parcel will be completed in a single phase. Completion of roadway construction will be occurring simultaneously with the construction of the parcel. Site Access Roadway access to the site, via the collector road, will be completed simultaneously with parcel construction. In accordance with condition number 53 of Ordinance 2 City Council Meeting Date: May 30, 2002 Date Prepared: May 1, 2002 SP-02-03 21,1998, as revised by Ordinance 18, 2001, a stabilized road base will be completed prior to the start of home construction on each parcel. Access to Parcel 12 shall be achieved from that portion of Mirasol Way that runs east- west from Mirasol Boulevard at the clubhouse entrance to Jog Road. This link is currently under construction. Architectural Style and Special Features This parcel is proposed to be developed as single-family custom homes. All home plans will be reviewed and approved by the Mirasol POA/Architectural Review Committee prior to submission to the City. L~ahtina Sternberg "Acorn" lighting will be provided throughout all the parcels with the locations of light poles indicated on the site plans. Lighting details have been included on the site plan. Street lights will be field located to avoid conflicts with street trees and utilities. Landscaping This application includes a Common Area Planting plan. In accordance with condition number 18 of Ordinance 18, 2001, a 25’ minimum buffer between the parcel and the collector roadway (Mirasol Way) has been provided. The parcel buffer planting scheme includes Oaks, Pines, flowering trees, shrubs and groundcovers. All parcels include a street tree planting program of Royal Palms, except where they may conflict with lot landscaping close to the street. Street trees and street light locations are shown on the site plans. Street trees and street lights will be field located to avoid conflicts with each other and utilities. Maintenance of all common area landscaping will be by the Property Owners Associations of the parcel. Additional landscaping will be provided in excess of the minimum required on each individual home lot. Parking Required parking is calculated at one space per bedroom. Each unit will provide a minimum of a two-car garage with two spaces on the driveway. City Council Meeting Date: May 30, 2002 Date Prepared: May 1, 2002 SP-02-03 Si.qnac/e The location of the entrance sign has been noted on both the site and landscape plans. It is the intention of the developer to submit detailed signage plans at a later date for review and approval by the Building Division, in accordance with the Master Signage Program. Drainage Drainage outfall from these sites will be accomplished by draining into inlets and culverts, outfalling into adjacent lakes which are part of the surface water management system for the project. (See attached plans from Mock-Roos and Associates.) CPTED Compliance In accordance with condition 52, CPTED criteria was established for the overall PCD. Parcel 12 shall comply with the following conditions of approval: ¯If the front entry door is a solid door and has a side pane window, the side window should be located on the opposite side of the door handle and door lock. ¯All sides of the house, including porch areas, are to be equipped with electrical outlets to help facilitate motion sensor security lighting. ¯Entry doors that swing inward are to be equipped with metal frames or other protective measures to "target harden" the doorway and discourage forced entry. (Double doors, glass doors or speciality doors are exempt from this provision.) ¯Out-swinging exterior doors are to be equipped with security hinges. ¯Alarm panels are to be kept out of view from windows. ¯A 5’ minimum separation has been provided between sidewalks within the collector right-of-ways and the abutting roadway. ¯Street trees and street lights will be field located to avoid conflicts between lights and landscaping, including long term tree canopy growth. 4 City Council Meeting Date: May 30, 2002 Date Prepared: May 1, 2002 SP-02-03 Waivers Waiver Requests: Mirasol Parcel 12 Requirement Right’of-Way Minimum Width Lot Coverage Maximum Allowed Required 50’ 35% Setbacks Building Front 25’ 20’Building Side Street Building Side Interior 7.5’ or 10% of lot width which ever is greater (8’) Provided 45’ 45% 20’ 15’ Compliance No No No No No Waiver Request Yes Yes Yes Yes Yes Staff Recommendation Support Support Suppo~ Support Support Screen/Pools/Access-20’15’No Yes Support ory - Side Street 5’No Yes Support Yesf Screen/Pools/Access- ory - Side Interior Screen/Pools/Access- ory - Rear No 7.5’ or 10% of lot width which ever is greater (8’) 10’Support Waiver J ustification The proposed development plan for Parcel 12 Planned Community District regulations. is consistent with the intent of the The City’s Comprehensive Plan contains several objectives that strive to preserve open space and natural vegetative systems, contain urban sprawl, and conserve natural resources. The waivers proposed by the applicant, including front, rear and side setback, as well as lot coverage, allow for clustering of urbanized areas within smaller locations. The balance of the land may then be preserved as natural open space, furthering the goals of the comprehensive plan. The requested waivers allow the applicant to provide the City with natural open spaces above and beyond the amount of open space that would be provided by allowing for development based on the requirements set forth by the development standards for Residential Low RL-3. City Council Meeting Date: May 30, 2002 Date Prepared: May 1, 2002 SP-02-03 The Code requires 20% (461 acres) of the PCD to be preserved as Community Serving Open Space. The Mirasol PCD provides for over 66% (1530 acres) of the PCD Community Serving Open Space, 877.4 acres of which is restored natural upland and. wetland ecosystems. The gross density of the Mirasol PCD is .93 dwelling units per acre. In comparison, PGA National, has 46% open space with a gross density of 2.24 dwelling units per acre and Ballenlsles has 52% open space with a gross density of 1.8 dwelling units per acre. The design of this project is consistent with the intent and purpose of the Planned Community District regulations, and is consistent with the goals and objectives in the comprehensive plan. For these reasons, it is staff’s professional opinion that the requested waivers should be approved and respectfully request the Commission’s recommendation for approval. To date, the City Council has approval for five residential parcels (Parcels 1,4,8,9 & 10) that are to be custom single-family homes with similar lot widths, lot coverage and setbacks to those proposed on Parcel 12. STAFF RECOMMENDATION Staff recommends approval of Resolution 65, 2002 with conditions of approval. G:/ed/2002/sp0203st Last Revision: May 30, 2002 RESOLUTION 65, 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 38 CUSTOM HOMES, KNOWN AS MIRASOL PARCEL 12, 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 an application (SP-02-03) from Taylor-Woodrow Communities, for approval of a site plan to provide for the development of 38 custom homes, located within the Mirasol PCD, as more particularly described herein; and WHEREAS, the 15.5 acre site, to be. known as "Mirasol Parcel 12" is currently zoned "Planned Community District" (PCD) with underlying zoning of Residential Low RL- 3, with a future land-use designation of Residential Low (RL) and a Master Plan designation of Residential Medium; 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 March 26, 2002, the Planning and Zoning Commission recommended approval of this petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "Mirasol Parcel 12" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide for the development of 38 custom single family homes located within the Mirasol PCD. SECTION 2. Said approval shall be’ consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. Resolution 65, 2002 Date Prepared: May 30, 2002 SECTION 3. Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and assigns: (1)Prior to the issuance o,’f the first Certificate of Occupancy, the petitioner shall provide all homeowners association documents language for review and approval by the City Attorney and City Forester, including language designed to protect a designated shade tree on each lot for a formal street tree community program. (City Attorney) (2) Prior to the issuance of the first Certificate of Occupancy, the applicant shall make provisions in the homeowners association documents to provide means of access to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) (3)Street trees and street lights will be field located to avoid conflicts between lights and including long term tree canopy growth. (Planning and Zoning, Police Department) SECTION 4: The applicant, successor, or assigns shall consider the following Crime Prevention Through Environmental Design (CPTED) guidelines: (1)If the front entry door is a solid door and has a side panel window, the side window should be located on the opposite side of the door handle and door lock. (2)All sides of the house, including porch areas, are to be equipped with electrical outlets to help facilitate motion sensor security lighting. (3)Entry doors that swing inward are to be equipped with metal frames or other protective measures to "target harden" the doorway and discourage forced entry. (Double doors, glass doors or speciality doors are exempt from this provision.) (Planning and Zoning, Police ¯ Department) (4)Out-swinging exterior doors are to be equipped with security hinges. (Planning and Zoning, Police Department) 2 Resolution 65, 2002 Date Prepared: May 30, 2002 (5)Alarm panels are to be kept out of view from windows. (Planning and Zoning, Police Department) SECTION 5. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)February 20, 2002, Site Plan, Sanders Planning Group, Sheet SP-I. (2)January 7, 2002,-Landscape Plan, Krent Wieland Design, Inc., Sheet I-1, L-2. (3)January 9, 2002, Specific Purpose Survey, Mock-Roos, 2 Sheets. (4)January 9, 2002, Paving and Drainage Construction Drawings, 4 Sheets. SECTION 6. The following waivers are hereby granted with this approval: (1) From Section 78-498 of the LDRs, to permit a 45-foot wide right-of- way. The code requires a minimum right-of-way width of 50 feet. (2)From Section 78-141 of the LDRs, to permit lot coverage of 45%. The code requires a maximum lot coverage of 35%. (3)From Section 78-141 of the LDRs, to permit a front setback of 20 feet. The code requires a minimum front setback of 25 feet. (4)From Section 78-141 of the LDRs, to permit a building side setback of 7.5 feet. The code requires a minimum side setback of 8 feet. (5)From Section 78-141 of the LDRs, to permit a building side facing street setback of 15 feet. The code requires a minimum side facing street setback of 20 feet. (6)From Section 78-141 of the LDRs, to permit a screen/accessory/pool side setback of 5 feet. The code requires a minimum side setback of 8 feet. (7)From’ Section 78-141 of the LDRs, to permit a screen/accessory/pool rear setback of 3 feet. The code requires a minimum setback of 10 feet. (8)From Section 78-141 of the LDRs, to permit a building and screen/accessory/pool side facing street setback of 15 feet. The code requires a minimum side facing street setback of 20 feet. SECTION 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. All Resolutions, or parts of Resolutions, in conflict herewith are Resolution 65, 2002 Date Prepared: May 30, 2002 hereby repealed to the extent of such conflict. SECTION 9. 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/2002/sp0203res AYE NAY ABSENT Resolution 65, 2002 Date Prepared: April 30, 2002 EXHIBIT "A" 5 LEGAL DESCRIP~ON A PARCEL OF LAND SITUATE IN SECTION 04, TOWNSHIP42 SOUTH, RANGE EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED FOLLOWS: 42 AS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 04;THENCE ALONG THE EAST LINE OF SAID SECTION 04, SOUTH 02"27’41" WEST,A DISTANCE OF 2517.08 FEET;THENCE DEPARTING SAID EAST LINE, NORTH 87"32’19" WEST,A DISTANCE OF 1104.79 FEET TO THE POINT OF BEGINNING;THENCE NORTH 45"00’00" WEST, A DISTANCE .OF 91.24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVETO THE SOUTHWEST HAVI. NG A RADIUS OF 830.00 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19"27’13", AN ARC DISTANCE OF 281.81 FEET; THENCE NORTH 35"43’15" EAST, A DISTANCE OF 82.42 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 242.50 FEET; THENCE NORTHEASTERLY ALONG T-HE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"18’36",AN ARC DISTANCE OF 47.87 FEET; THENCE NORTH 41"18’39" EAST, A DISTANCE OF 73.74 FEET TOA POINT ON THE ARC OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF t40.30 FEET FROM WHICH A RADIAL LINE BEARS NORTH 56"18’13" WEST; THENCE .NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 62726’55", AN ARC DISTANCE OF 152.92 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 65.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98"53’16"; ANARC DISTANCE OF 112.18 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVlNG.A RADIUS OF 206.61.FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 206"57’05", AN ARC DISTANCE OF 746.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 79"18’42" EAST, A DISTANCE OF 107.27 FEET TO THE POINT OF CURVATURE OFA CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS 0F85.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94"49’52", AN ARC DISTANCE OF 140.68 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 150.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36"32’51" AN ARC, DISTANCE OF 95.68 FEET TO THE.POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 210.50 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 221"22’29"AN ARC DISTANCE OF 813.3.1 FEET TO THE POINT OF TANGENCY; THENCE SOU~H 10"41’33" EAST,A DISTANCE OF 711.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST ,HAVING A RADIUS OF 200.00 FEET;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°56’28 ", AN ARC DISTANCE OF 121.97 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 208.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE .THROUGH A CENTRAL ANGLE OF 111"18’33", AN ARC DISTANCE OF 404.08 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"57’17", AN ARC DISTANCE OF 104.56 FEET TC THE POINT OF TANGENCY; THENCE SOUTH 35"43’15" WEST, A DISTANCE OF 144.59 FEET TO THE POINT OF BEGINNING. CONTAINING 674,855.539 SQUARE FEET OR 15.493 ACRES, MORE OR LESS. ,~,, .~ ...., ......_ .....".S~,~,,,,-~~, ~) Palm Beach Gardens, Flor, da ¯ i ~ "Aerial Map - Parcel 12 Code Comparison Table: Mirasol Parcel 12 Use: PCD Allowed Density 9 du/ac Open Space minimum of 35% Minimum Site Area 6500 sf Maximum Lot 35% Coverage Maximum Height 36 feet Limit (All parcels) Building Front 25’ Building Side Street Building Side Interior Building Rear Screen - Side Street Screen- Side Interior Screen - Rear Accessory Structures - Side Accessory Structures - Side Street Accessory Structures - Rear Number Required 20’ 7.5’ or 10% of lot width which ever is greater (8’) 10’ 20’ 7.5’ or 10% of lot width which ever is greater (8’) 10’ 7.5’ or 10% of lot width which ever is greater (8’) 20 Proposed 2.45 du/ac Compliance yes 45%yes 11,400 sf yes 45% 36’ 20’ 7.5~ 40%of du at 10’/60%at 15’ yes yes Waiver Requested yes yes yes yes 15’yes 5’yes 3’yes 5’yes 15’yes 3’yes10’ 1 space per bedroom 1 space per bedroom yes "t., N NO. ! ~[p ’I" M i I Taylor Woodrow CommunitiesrasoSite Plan =Mira.sol LTD11300 Mira,so Bou evardarcel 12 SF 8,0’ x 142.5’Palm Beach Gardens, FL 33418 (561) 622-1730 ~Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890 ! | ~"~-~0[ Parcel Tweb’e - Vs. Ouantera PARCEL FEATURES PALM BEACH ¢~RCHENS ,FLORIDA PARCEL, FEATURES PALM I~=ACH C-~ARDENS .FLOI=II~A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 13, 2002 Meeting Date: May 30, 2002 Subject/Agenda Item: Resolution 69, 2002-Mirasol Parcel Six-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by:~. ~/) City Attorne~" Finance ACM Other Submitted by: Sean C. Donahue, P.E. Assistant City Engineer Originating Dept.: Gr,)wth Management Advertised: [X ] Not Required Affected parties _[ ] Notified [X] Not required Costs: $. 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None w/ BACKGROUND: See attached memorandum. RESOLUTION 69, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE MIRASOL PARCEL SIX PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Mirasol Parcel Six 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 Mirasol Parcel Six Plat consisting of four (4) sheets dated September 2001, prepared by Mock, Roos & Associates, Inc., attached hereto as Exhibit SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: ERIC JABLIN, MAYOR CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 69, 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 Patricia Snider-City Clerk Sean C. Donahue, PE April 24, 2002 01-4220 SUBJECT: Mirasol-Parcel Six: Plat We have completed our review of the plat for the referenced project prepared by Mock, Roos & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:WROJECTS’~PB GMEMO~220\4220j CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 30, 2002 Subiect/Agenda Item: Consideration of Resolution 74, 2002, authorizing the Mayor to execute an amendment to the City’s existing Florida Recreation Development Assistance Program (FRDAP) funding agreement for the Plant Drive Skate Park project. Recommendation/Motion: Staff recommends a motion to approve Resolution 74, 2002 as presented. Reviewed by:/~ City Attorney Finance ACM Other Su bmitte~/~ Department Director Approved by: City Manager Background: Originating Dept.: Administration Advertised: [X] Not Required Affected parties [ ] Notified [X] Not required Costs: $ -0- (Total) Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: Cover Memorandum Resolution 74, 2002 [ ] None Please see attached memorandum. w/ CITY OF PALM BEACH GARDENS MEMORANDUM TO:Honorable Mayor & Council APPROVED: Ron Ferris, City Manager FROM: SUBJECT: DATE: May 6, 2002 Stacy A. Rundle, Grants/Contracts Administrator Resolution 74, 2002 - Amendment to Plant Drive Skate Park Grant Agreement In August of 2000, the City entered into an agreement with the Florida Department of Environmental Protection for grant funds in the amount of $150,000 for the Plant Drive Skate Park project through the Florida Recreation Development Assistance Program (FRDAP). The project consists of three components: a rest room/concession building, a roller hockey rink and a skate park. The original completion date was August 31,2002. Due to the diversity and size of the project as a whole and the need to design each of the three major components independent of one another, staff feels that an extension of the grant is needed. The skate park component is a unique design specialty being performed by Mr. John Woodstock, a well-known designer in the skating world. The FRDAP agreement allows for a one-year project extension and staff made a request for same to the Department of Environmental Protection. It was approved by the Department via Amendment 1 to Agreement, attached as Exhibit "A" to Resolution 74, 2002. Resolution 74, 2002 was prepared to authorize the Mayor and the City Clerk to execute this amendment. Staff recommends Council approve Resolution 74, 2002 as presented. RESOLUTION 74, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AMENDMENT 1 TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FUNDING AGREEMENT FOR SKATE PARK- PLANT DRIVE PARK (DEP CONTRACT NUMBER F1362) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 28, 2000, the City of Palm Beach Gardens ("City") entered into a Florida Recreation Development Assistance Program funding agreement with the Florida Department of Environmental Protection ("Department") for the project known skate Park- Plant Drive Park ("Project"); and WHEREAS, said agreement provides funding for Project in an amount not to exceed $150,000 on a reimbursement basis and a completion date of August 31, 2002; and WHEREAS, Project is comprised of three independent components which are a rest room/concession stand, a roller hockey rink and a skate park; and WHEREAS, construction of the rest room/concession stand and the roller hockey rink are complete; and WHEREAS, due to the unique design work required for the skate park, construction of this component is expected to be completed no later than the end of this calendar year; and WHEREAS, the Department has approved a request from the City to extend the completion date of Project by one year, to August 31, 2003, to allow for the specia.lty design work and construction of the skate park via Amendment 1 to Agreement; and WHEREAS, staff recommends that the City Council authorize the Mayor to execute Amendment 1 to Agreement (DEP Contract Number F1362); and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. -1- SECTION 2: The Palm Beach Gardens City Council hereby approves Amendment 1 to Agreement (DEP Contract Number F1362), attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute said Amendment. 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 Resolutions 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. PASSED, 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: Mayor Eric Jablin Vice Mayor Carl Sabatello Councilmember Joseph Russo Councilmember David Clark Councilmember Annie Marie Delgado AYE NAY ABSENT -2- Resolution 74, 2002 Exhibit "A"F1362 (DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 1 to Agreement This Amendment entered into on , 20 , serves to amend portions of the Agreement dated August 28, 2000, by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and the City of Palm Beach Gardens, hereinafter referred to as GRANTEE, for the approved recreational project known as Skate Park - Plant Drive Park, Project #F01362, pursuant to section 375.075, Florida Statutes and Part V, Chapter 62D-5, Florida Administrative Code. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paraqraph 13 Sentence 1 is amended as follows: This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all project elements on or before August 31, 2003 In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall’ remain in full force and effect. Exhibit "A" IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF PALM BEACH GARDENS By: Direct6r or Designee Division of Recreation and Parks By: Person Authorized to Sign Printed Name DEP Contract Ma~’a~6r/ Title Address: 4404 Burns Road Palm Beach Gardens, Florida 33410 Approved as to Form and Sufficiency: Agreement has been pre-approved as to form and sufficiency by Jerome I. Johnson, Assistant General Counsel, on December 12, 2001, for the use for one year. Grantee Attorney DEP 42-050 Revised 1-23-02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date prepared:May 9, 2002 Meeting date: May 30,_~.2002 Subject/Agenda Item: Vehicle Towing Services Contract- 90 Day Extension Recommendation/Motion: Recommend extension of existing vehicle towing service contract for 90 days. Reviewed ~’~-~ City Attorn y~,P~ Finance Human R~ Other Submitted by: Michael Morrow, Interim. Public Works Director Originating Dept.: PUBLIC WORKS Advertised: Date: Paper: [ X] Not Required Affected parties City Manag~t [ ] Not required Costs: Total Current FY Funding Source: [X ] Operating [ ] Other Budget Acct.# ’01-1030-521.3150 Council Action: [ ] Approved [] Approved w/conditions [ ] Denied [ ] Continued to: Attachments: Copy of existing contract Copy of letter for 90 day extension [ ] None Background: Public Works is presently re-writing the Towing Services Contract for bid. During the interim, we request that the existing contract be extended for ninety (90) days. Attached herein is the existing contract and agreement letter for time extension from Kauff’s Towing. Attachments CITY OF PALM BEACH GARDENS MEMORANDUM TO:Ronald M. Fends, City Manager DATE:May 10, 2002 APPROVED: Michael Morrow, Interim Director, Public Works’~~/z FROM:James Lunn, Superintendent Fleet Maintenan~ SUBJECT:VEIIICLE TOWING SERVICES CONTRACT ADDITIONAL NINETY (90) DAY EXTENSION The current extension with our towing services provider, Kauff’s Towing, will expire on May 29t~, 20O2. We recommend an additional time extension of the existing contract for a period of ninety (90) days. The Fleet Committee has received and discussed alternative rotation vehicle towing contracts. The committee has recommendedthefollowing:.. Rotation of Class A and Class B vehicles ¯Rotation of Class C vehicles (>26,001 lbs.) ¯Free towing for City vehicles and equipment ¯Sole source towing for confiscated and impounded vehicles The additional extension will allow for contract modifications and award of a new bid. As you know, if this contract is not extended, the City will be without this essential service until a new contract is posted. Given this, please find a copy of the existing contract with a letter signed by the contractor on May 10, 2002, in agreement to this additional extension. Should you have any questions, please feel free to contact me. Attachments C:Jack Doughney w/o attachmems File w/attachments 2002 Attn: Richard Kauff, President A Road One Company 1440 53rd Street Mangonia Park, Florida 33407 Re: Vehicle Towing Services Contract Dear Mr. Kauff: BEACH GARDENS PUBLIC WORKS DEPARTMENT 3704 BURNS ROAD - PALM BEACH GARDENS~ FLORIDA 33410-4698 PHONE (:561) 775-8274- FAX (561) 775-8279 Your current contract for the above referenced services expires on May 29, 2002. The City has decided to seek proposals for these services. The City of Palm Beach Gardens is hereby requesting a ninety (90) day extension your current contract, which is needed for the bidding process, evaluation and award of the new bid to be completed. Your contract would therefore expire on August 27, 2002. Please respond by signing below and retuming one original copy to my attention, Michael Morrow, Interim Director, Public Works, City of Palm Beach Gardens, 3704 Bums Road, Palm Beach Gardens, F1. 33410. Sincerely, Michael Morrow Interim Director, Public Work ,--’~I hereby agree to a ninety (90) day extension of the subject Bid. ~ am~t~~I am u ble to pr ide a ninety (90) day extension of the subject Bid. "b-5"gnature - /Date IL~chard Kauff lqay 10~ 2002 Name (print) MM/ca Date CITY OF PALM BEACH GARDENS MEMORANDUM TO:Ronald M. Fen-is, City Manager DATE:March 11, 2002 APPROVED: Hoyt Owens, Director, Public Works FROM:Michael Morrow, Assistant Director, Public Works SUBJECT:Vehicle Towing Services Contract - Additional Sixty (60) Day Extension The current extension with our towing services provider, Kauff’s Towing, will expire on March 30, 2002. We recommend an additional time extension of the existing contract for a period of sixty (60) days. The Fleet Committee has received and discussed alternative rotation vehicle towing contracts. The committee has recommended the following: ¯Rotation of Class A and Class B vehicles ¯Rotation of Class C vehicles (>26,001 lbs.) ¯Free towing for City vehicles and equipment ¯Sole source towing for confiscated and impounded vehicles The additional extension will allow for contract modifications and award of a new bid. As you know, if this contract is not extended, the city will be without this essential service until a new contract is posted. Given this, please find a copy of the existing contract with a letter signed by the contractor on March 11, 2002, in agreement to this additional extension. Should you have any questions, please feel free to contact me. attachments C:Jack Doughney w/o attachments File w/attachments REQUEST FOR PROPOSAL FOR TOWING SERVICES City of.Palm .Beach Gardens 10500 N. Military Trail PalmBeach Gardens,. Florida 33410 September 1998 CITY OF PALM BEACH GARDENS . REQUEST FOR PROPOSALS FOR TOWING SERVICES I~STRUCTIONS TO, PROPOSERS Sealed proposals for towing services will be received by the City of Palm Beach Gardens, Florida (hereafter referred to as "City") at the City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida, on or before 2 p.m. on Friday, October, 9, 1998. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened and read at 2:00 p.m., Friday, October 9 in the City Council chambers at the above address. It is anticipated that the contract will be awarded at the regularly scheduled meeting of the City Council on November 5, 1998. Specification may be obtained at the City Clerk’s Office at 10500 N. Military Trail, Palm Beach Gardens, F1 33410. Such proposal to provide for all equipment, labor and storage for vehicle towing. Such proposal does not include non-exclusiveness of services. Nothing contained in this agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of Ms/her own choice, or requesting that said vehicle be towed to a garage or compound other:than thatofthe Contractor(s). Proposals~ receivedafter: the designated time will not be considered. Proposals may be delivered:in personor bymail. All.proposals mustbe sealed and addressed as indicated. On the~ face" o£:_the envelope containing the, proposal shall be written in large letters the words: PROPOSAL FOR: VEHICLE.TOWING SERVICE CONTRACT VENDOR’S NAME: TOBE OPENF_,D: A .proposer :may withdraw Ms/her proposal at any time prior to that fixed for opening proposals’without :prejudiee:tohim. Proposers:are invited, to be presentar the opening. Proposals received after .the time set for the opening~will.be rctumed..to bidder unopened. The.City reserves, the right toreject any or. all proposals, in whole or in part, with or without: cause,,to -waive. any informalities and technicalities, and to award the contract on such:coverage and terms it deems will best service the interest of the City. Criteria utilized-by the. City .for determining the most responsible proposer includes, but is .not limited to, cost, whether the proposer meets the City published Specifications, the proposer,s experience, skill, ability, .financial capacity, previous performance, and any other factor which could .reasonably be asserted as being relevarit to successful performance. ~The .proposer will be required to use the proposal form attached: hereto~*which forms a part of the specifications, and shall remain intact. The City will not guarantee any specific number of tows, etc. during the contract period. No proposer may withdraw his proposal for a period of sixty (60) days aider the date set for the opening thereof. Proposals received on separate sheets and not attached to the complete specifications will be considered informal and may be rejected as such. All prices must be dearly stated in figures with ink on the line provided. No variations from the attached plans and specifications will be accepted. Proposals must be signed in ink, by the proposer with the signature in full. When a firm is a proposer, the agent who signs the firm name to the proposal shall state, in addition, the names and addresses of the individuals composing the firm. The signature shall be in the following form: JOHN DOE COMPANY BY: JOHN DOE, PRESIDENT When a corporation is a proposer, .the person :signing shall state under the laws of what state-the.corporationwas ehartered,.and the name andtitle, of the officer having authority underthe:.by-lawsto, sign-contract... Anyone signing,the proposal as agentmust file with it legal=evidence-of-his authority-to.do so. Post office address, County and State must be givenafter.the~signature. Proposers art:cautioned to fill in all information as requested on the proposal formto setwe as a basis, for’making-awards. All Stateand!Federal.Tax exemptions applicable to municipal corporations will apply and appropriate~ceaJfication~shall be.furnished. A proposer is expected to .fully inform himself as Speeifications;Tailure~to do so~will.be:.at hisbwn risk. seek. reliefon-a.:plea, of error. to the requirements of the A proposer shall not expect to Non-Exclusiveness:~of,Serviees: :Nothing contained in any agreement will prevent the owner’oroperator of a-motorvehiele fi, om ~lling a wrecker or tow truck of his, own choice;or requesting that said vehielebe towed to a garage or compound other than that ¯ of the Contractor. : ~ No deviations from the attached specification will be accepted. GENERAL SPECIFICATIONS FOR VEHICLE TOWING SERVICE CONTRACT The City requests proposals for towing and storage when required, of vehicles from the streets or other public property within the City limits when so authorized by a representative of the Public Works or Police Department of Palm Beach Gardens (hereinafter referred to as Public Works or Police Department). The contract DOES NOT include the removal of abandoned, wrecked or junked vehicles on PRIVATE property declared to be a nuisance under City Article 90.01 (C). PURPOSE To ensure prompt, adequate and reasonable towing and storage, if necessary, and to ensure reasonable and uniform costs for towing and storage services.. COMPETENCY OF PROPOSER Pre-award inspection of the proposer’s facilities will be made prior to award of contract. Proposals will be considered only from firms regularly engaged in the towing business and who can produce evidence that they have an established, satisfactory record of performance for. a reasonable period of time, have satisfactory financial support, required equipment.and organization sufficient to ensure satisfactory execution of the contracted services. The term "equipment and organization" as used herein shall be construed to mean a.fulIy-equipped and well-established company as determined by the City. 1.Proposer=must have all necessary county and local licenses and permits required to operate.tl~:type of requisite business, "~ See page II in attachment 2.Proposer=must-sui:mfit-names¯ and addresses of all persons having a financial interest in: thebusiness such as, but, not limited:, to, individual owners, partners, limited partners,, offieers~ directors, and stockholders indebted to the towing company in exeessof$2,000 at.the time. of proposal submission. 3.Proposer:must:submit:names :of all auto body, repair and/or paint shops that_he has interestJn. o The proposer:is, required to b¢ familiarwith all laws, ordinances, rules and regulations ¯ that, may in:anyway affect the work. Ignorance on the part of the proposer will in no Wi~y-relieve the proposer from responsibility. ~ TERMOF!CONTRACT The teamof.the contract will:be.for the three (3) year period beginning December 1, 1998 and ending November 30, 2001. The contract may be extended for two, one-year terms with the agreement of both parties in writing.. 4 TERMINATION The Contract may be terminated by the City, with cause, upon thirty (30) days mitten notice by certified mail to the Contractor. Reasonable compensation for service rendered to the effective termination date will be paid Contractor by City. Either the City or Contractor may terminate this contract upon ninety (90) days written notice to the other party. EQUIPMENT The Contractor shall furnish towing service for the removal of vehicles within the City and provide adequate storage space for said vehicles when required. Public Works or the Police Department may request such services. The Contractor is required to have available at all times sufficient-equipment to perform all services required on a timely and responsible basis. All equipment must be owned or leased by the Contractor, with full control and availability. All equipment shall be modern, commercially manufactured or approved by the City, and in good mechanical condition and will further be subject to inspection at all times during the term of the contract awarded. No vehicle of the contractor shall be used as an emergency vehicle. The Contractor agrees to have no markings on vehieles,buildings or correspondence that indicates ortends to indicate any official relationship between the contractor and the City. All. towing vehicles: must,be equipped.with.2-way radios with a range extending to all of the City limits: Such radios shall, not. be tuned, to any police frequency. Contractor shall comply with all laws, rules..and regulations of any governmental agency having jurisdiction in~,thepremises~-ineluding, but not limited to licensingand minimum safety requkements. REQUIRED CONTRACTOR-OWNED/LEASED EQUIPMENT See pg 4 in attachment A.Six (6) Class A small wreckers of 4-ton capacity; one must be a 4 x 4 wrecker of ton capacity;: two..must, beslide back~earriers B.Two. (2) .Class. B. mediumwreckers: of 16-ton capacity equipped with twin booms . equivalent .hydraulic. system, air.brakes and auxiliary air supply; one must be a. Class B sfide~backcarrier : C.One (I):48" hydraulic, roll~back; tilt, self-loading.flatbed capable of hauling the City Fire!vehicles D..One:(1)set of air cushions orba~s for:recovery and res~e work E.One(1)setofheavydutytract0r~lollies F.One~(1) motorcycle trailer.capable of hauling at least two motorcycles at the same time . , .... G,One (I) 40,ton capacity wrecker with hydraulics, or equivalent wrecker and Low-Boy capable of towing and/or hauling any City truck or Fire Rescue unit EMPLOYEES The contractor agrees that the owners of the company or the officers of the company shall be responsible, except as otherwise prohibited by law, for the acts of their employees while on duty. . CONTRACTOR LIABILITY Contractor agrees to assume responsibility for. theft of any vehicle, or personal items in vehicles, stored in the Contractor’s compound pursuant to this agreement. The Contractor’s liability for any towed vehicle and all property contained therein shall commence with the time a wrecker is hooked to any vehicle to be towed. The Contractor shall be solely liable and responsible for all personal property in any towed vehicle. The Contractor, or his employee, represemative or agent shall inventory all personal property contained in the vehicle to be towed and prepare a report which shall be signed by the preparer. One copy shall be held by the Contractor as a permanent record, one copy given to the owner or the person in possession of the vehicle or securely attached to the vehicle and one copy given to the Police Department. The City. shaR have the. ~ight to cancel, a request for Contractor’s services until the time thata wrecker is hooked.,onto a vehicle. The Contractor agrees that the mere response to a service call. scene.without other action does not comtitute chargeable service. The Contractor, at. an accident_scene, shall remove, and carry away from the streeg all broken.glass-and, other debris in the area of the accident. The Contractor shall prepare and submit a monthly written report to the Police Department and Public Works Department covering the following vehicles towed. Police: DepartmentReport Public Works Report (City Vehicles Only) a. Nameofthe owner:ordriver b. Make and typeofvehicle. c. License number e. Vehicle identificationnumber d. Time,:date.and Ioeation:of tow e. Circumstances of tow f. Police Department incident number a. Make and type of vehicle b. License number c. Time,,date and location of tow d. Circumstances of tow The Contractor shall keep a hardcover log of the number and types of calls taken under this agreement. The log shall contain the date of the tow, the make, model, license plate number (if known) the VIN number, the name and address of the owner or driver person claiming the vehicle.and the.date the vehicle was released to the owner or driver. EXEMPT CHARGES The City will not be charged for the towing of City owned or leased vehicles 26,000 Ibs. or less within City limits. All tow charges outside City limits shall-be on a predetermined flat-rate charge. Also, impounded vehicles subject to forfeiture will be stored free of charge, up to a maximum of seven (7) impound vehicle slots per year. NON-LIABILITY OF CITY FOR NON-CITY OWNED OR LEASED VEHICLES The City shall not be responsible or liable in any manner whatsoever for either the collection or payment of any chai-ges for services rendered, including towing and storage, unless such service is rendered by the Contractor with regard to City-owned or leased ¯ equipment or vehicles. Contractor shall not move any vehicle to any location other than that designated by a City Police Officer or other authorized City representative, or owner or person in possession of a vehicle. The Contractor shall submit monthly reports for services relating to City-owneddeased vehicles to the Public Works Department. All such reports shall identify the vehicle towed, the location from which it was towed, the Contractor’s applicable rates for the services rendered, and the hours and dates applicable to the Contractor’s services. STORAGE OF VErr~CLES The: Contractor-shaH .maintain a storage garage and outside storage facility, complying with all. applicable, local .building.~and .zoning regulations. Such garage and outside storage_’facilities:shail, be:sufficient.to store all vehicles towed by Contractor until such time as vehicles are lawfially reclaimed or otherwise legally disposed of. The Contractor~s.:office. and/or:storage.facility shall be manned on a 24-hour basis arxl shall.be equipped .with. 24-hour:radio:dispatch-capabilities, to assure that Contractor’s obligations and servieesare.available and:fulfilled: Vehicles that have been marked "HOLD" by the Police Department shall be stored.at such compound for a period of time necessary to properlyprocess~.the vehicle.and any investigation involved. The City Police Department will. notify the. contractor in writing,, if: the "Holding Period,’ continues beyond five (5) working days. .The.contractorwill:notxelease a."Held’" vehicle until released by the City Police Depat-tment. The City’s~Poliee.Department or entities with the legal fight shall be ’ permittedace .e~:.to~such vehicles. : Storage:facilities: shall be-subject:to’inspection ~by City prior to the award of any contract. Storage’facilifie.s:shall be, subject.to periodic inspections during the term of the contract. Notice .of any discrepancies, or deficiencies found by the City shall be submitted to the Contractor:in-writing, TheContractor shall remedy the same within ten (10) days receiptofsuch notice. Fallure’ofContractor to remedy deficiencies may result in the termination of the contract by the City. ¯ ¯ ..... . Vehicles stored in enclosed areas shall be under lock and key. The Contractor shall protect all ~stored vehicles and any evidence or personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives~, All outside storage facilities shall be enclosed with a solid wall or a substantial wire fence not less than six (6) feet in height. The top of such fence, or wall, including all gates doors or roofed open areas, shall be equipped, with not less than 12" of barbed wire installed in such a manner as to discourage access over the top of such fence or wall. All fences and walls shall be maintained in good repair throughout the term of contract. Damage to such walls or fences shall be repaired within 24 hours. Charges not listed in the proposal response form or gate fees are not permitted and shall not be paid. In the event all Contractor’s storage facilities are filled to capacity, the Contractor shall not be relieved of responsibility to perform, and is required to make such arrangements for storage as will fulfill the requirements of the City. All storage space used, which is not listed in the original application, must meet the requirements of the Contract. Owner or authorized person shall be allowed to remove personal unattached property from vehicle on a 24-hour basis at no additional charge. PERSONAL PROPERTY LOSS The Contractor shall be solely liable for damage or loss of personal property, listed on property receipt form, once the vehicle is towed. Contractor is liable for all vehicle accessories,-regardless of the cause of such damage or loss. Personal property situated in vehicles, stored~ by the Contractor shall not be disposed of to defray any charges for storage.or towing. A receipt willbe issued for~any returned personal property. Personal property- must be returned, at: once. to the owner or person entitled to legal possession thereof upon proper" proof of ownership or right to possession. The Contractor agrees to replace=any such article.upon vedfi~zation of the loss by the City Police Department .or other involved law enforcementagency. " Unclaimed personal property in the vehicles stored by the Contractor shall be disposed of pursuant~to F.lorida State Statute 713.78 as it may be amended from time to time. REPORTS Contractor:shall provide-to:thePoficoDepartment within ten (10) days of the end of each month,.a-:complete: and:detailed~listing:of all. vehicles impounded or stored for.periods of thirty-(30) days’, or longer andany other, available information which the Police Department or.City Manager’s Oilicerequires.. INSI’ECTIONS. ,’ Contractor shall permit authorized City personnel to inspect Contractor’s compounds, storagefa~ilities,: stored vehicles, and all of Contractor’s records concerning Contractor’s duties at.reasonable times when deemed neoessary by the City. STORAGE The contractor shall be , responsible for the collection of all storage and towing fees. Storage fees shall be charged at, the rates stated in the contract for each 24-hour period or fractionthereof after the first six (6) hours of storage. 8 RELEASE OF VEHICLES " Contractor agrees to issue a receipt and release any vehicle not marked "’HOLD!" provided proper proof of ownership or right to possession is presented to Contractor. Any vehicle that has been marked "HOLD" by the Police Department cannot be.released without prior written approval of the Police DePartment. IMPOUNDED VEHICLES Should any owner or persons entitled to possession of an impounded vehicle seek to reclaim the same from Contractor, Contractor shall provide an itemized statement of all charges relating to the impounding of such vehicle. NON-EXCLUSIVENESS OF SERVICES Nothing contained in this agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice, or requesting that said vehicle be towed to a garage or compound other than that of the Contractor; unless the disabled vehicle is creating a tie up of traffic or hazardous situation, in the opinion of the officerat the scene. The on scene officer has the discretion to call another towing company, if the Contracted Towing Company can not respond in a reasonable amount of time and the disabled vehicle, is creating a tie-up of traffic or hazardous situation. BENEFITS~FROM REPAIRS The Contractor:.agrees.not to undertake.any repairs to, or remove any part or parts from any vehicle;towed or storedpursuant.to the ’provisions herein, without first obtaining written: permission fi-omthe owneror person-entitled, to lawful possession to complete the same. All, estimates for repair work in excess :of $50 will be in ~a-iting. The Contractor further agrees.to fully comply with Chapter 2-19 of the Florida Administrative Code relating to motor vehicles, sales, repairs, maintenance and service, which chapter is incorporated, herein by reference, and-made a part hereof, when making any repairs, or rendering any= estimates orinvoices. The .C0ntraetor= further agrees-to post a sign in. a prominent position stating, if the Contractor:has,any financial, interest or cormeetion with any repair, body or paint shoZ ¯ Such connection,, if any, will.also be stated on written estimates for repair. INSURANCE .The.Contractor:shall obtain, at:the. Contraetor.’s expense, public liability insurance in the amount’0f$1;000,000 combined singlelimit for bodily injury and property damage. The Citylshall be named asan additional insured, and all coverage affordable to the City shall apply as primary coverage and shall not be affected by any insurance which the City may carry in its own name. The contractor will provide the City with a certificate of insurance, showing coverages, prior to the commencement of any work under sai d contract. The contractor shall notify’ the: City at least thirty (30) days prior to cancellation modification of any insurance policy. 9 INDEMNIFICATION AND HOLD HARMLESS Contractor shall defend, indemnify and holdthe City harmless from and against any and all claims,, suits, actions, damages, resulting from the performance of Contractor’s services under this agreement. " ~ NON-DISCRIMINATION Contractor agrees not to discriminate in the hiring practices of contractor or in the performance: of the contract or~ the basis of :race, sex, religio~ political affiliation, age, handicap or national origin. COMPLAINT AGAINST CONTRACTOR Contractor agrees that any complaints received by the City concerning the performance of vehicle towing service under the terms of this agreement will be referred to the Chief of Police and the City Manager’s office. Any incidence of price gauging will be grounds for ¯immediate termination of contract. Failure of the Contractor to follow any reasonable instruction of the City Manager and/or Police Chief following the referral of such complaint to the Police Chief or City Manager will be considered a material breach of the terms of the agreement and cause for the termination thereof Any person,.assoeiation or representative aggrieved by the decision of the Police.Chief.mayappeal that:decision to the City Manager. Such appeal must be in writingand received bythe City Manager no later than seven (7) calendar days from the date of.thedecision of the Police Chief. CHARGES Contractor~shall prominently post in Contractor’s office and ~torage facilities a list of charges:approved by this contractwhich shall be the maximum fees charged on all City vehicles:and/or City originated: requests for a wrecker, regardless of whether it was a poliee:initiated~aetion or "at the: owner’s request". The Contractor’s list of charges shall be. provided to.the, owner ot person.lawfully in possession of each vehicle towed. The charges for towing from.the contractor’s compound to another point at the request of the vehicle.owner, will be at:the same-rates_listed,herein. Cost.of..timv at.the scene;~labor,-orequipment:needed within one (I) hour of arrival at th[ scene shallbe..ineluded~in.the:basie towrate.~ If such time at the scene consumes more than one’ (1). hour, assessment:.ofeomplieafion charges will be a pro-rated hourly percentage. -The:time begins-when the Contractor staff or equipment arrives at the scene and;until!the vehicle is towed.from th6 scene or the additional Contractor staff or equipment leavesthe scene, which occurs ~st. The complication charge shall be all- inclusive and include all necessary staff’ or equipment required to complete the recovery. The contractoragrees that any extra waiting time or complications charge shall be authorized, by the officer on the scene, and so-indieated in writing on the vehicle storage/tow receipt. (- I0 COMPLIANCE WITH LAWS AND ORDINANCES Contractor shall comply with all laws and ordinances of the City, State of Florida and Federal laws now in existence or hereafter adopted, so long as same do no’, impair the rights and privileges of Contractor in and to any contract signed by Contractor and the City, as a result of the acceptance of Contractor’s bid. FederaL, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cdrne, the following applies: may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. NON=ASSIGNABILITY Any contract.awarded shall be non-assignable, non-salable, and non-transferable without written’permission of the City. PERFORMANCKBOND Contraetor.:shalli!fumish:the. City-’a:perform_a_nce bond in the. amount-of $2,500 payable to the City, to insure thefaithful performance off-the terms and prbvisions of the Contract. Said bond must he, executed.by a.surety-eompany ofrceognized standing authorized to do business in the_State of Florida,and having-a resident agent in Palm Beach County. Said surety company shall hold a current certificate of authority as an acceptable surety on federal., bonds, in accordance:with United States Treasure Department Circular 570 as currently revised. DISPOSAI~ OF~VI~HICI;g " Should ConUactor; as:a.resuR, of this, agreement, have in his possession, any vehicle or personal-property, he and/or she-will :relinquish. such vehicle or personal property to the PoliceDepartment, if so ordered. ATrACHMENTS Proposer will attach to this proposal the following and other information requh’ed in these specification: 1. List of equipment - See Required Equipment (page 4 - paragraph three 3) PROPOSAL TO TIlE CITY OF PALM BEACH GARDENS GEN’U .F.MEN: The undorsigned as proposer does declare that no other person other than the proposer herein named has any interest in this proposal or in the contract to be taken, and that it is made without any connection with any other person or persons making proposals for the same article, and is in all respects fair and without collusion or fraud. The undersigned further declares that he/she proposes to furnish the articles called for within the specified time in this proposal for the following price(s); to wit: Date: ,//t~I- Z-’9~ .¢_/9C~ ’ "Signature:. _~_ ._ .z~__~_ _~/~/~/ REMARKS/F~CEPTIONS: The use of air cushions, cranes, and sub contractors for ’abnoi~nal or major a~cildents, i.e. train accidents, boats, aircraft, .or any pricing not covered by this proposal will be pmieed-according tothe Palm Beach County Ordinance #R-94-95 when.app.licable.~ All towing of city owned vehicles will be at no charge within city limits of P~im Beach’ Gardens,’ thus saving the cit~ and its citizens money, o TRANSPORTATION SYSTEMS VERO BEACH’FT. PIERCE.STUART.LAKE PARK’WE51" PALM-LAKE WORTH.FT. LAUDERDALE- MIAMI October 6, 1998 Mr. Jim Ballengee City Of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida Dear Jim: As a point of reference, Kauff’s Towing has enjoyed a pleasant business relationship with both Lake Park Towing and All Time Towing. These two contractors would be considered a f’n’st choice if a sub-contractor would be necessary, as indicated in the remarks/exceptions of this towing agreement. Sincerely,... . Ric President’ "" Kauffs Of Palm. Beach Inc. RLK/cm 1416 Tenth Court ¯ Lake Park, FL 33403 12 PROPOSAL FORM The proposer is to complete the following by filling in their proposed rates. It is understood these rates will remain firm for a period not to exceed 45 days after the proposal opening date. The City will not guarantee any specific number of tows during the contract period indicated. Services i Vehicles other than City City-owned’or Leased owned or Leased Vehicles Towing: (To include removal of drive-line and unlocking services) ~. A.Cars and Tracks up to 10,000 $ 30.00 /each $ N/C /each GVW (Class "A") Mileage outside the City $ 2.00 /each $ lq/C /each B.Motorcycles (To include use $ 30.00 /each $ N/C /each of Trailer) $ 2.00 /each $N/C /each C.$ 40.00 /each $.N/C /each $ 2.50 /each $ 1.0 0 /each D.$ 50.00 /each $ N/C /each Eo Mileage outside the City Trucksbetween 10,0.00- 26,000 GVW (Class i"B") Mileage outside the City Tracks over 26,000 GVW (Cla~ "C’9 ~’ ¯ Mileage outside the City 48’ Lowboy service ~ Mileage outside the City Dollies or Flatbed Additions/ Mileage outside the City 2..50 /each $ 1.50 60.00 /each $N/C 3.i00 /each $ 3.00 25.00 /each $ N/C N/C /each $ N/C /each leach /each /each 1"1 13 Services Service Calls Vehicles other than City owned ~ Leased City-owned or Leased Vehicles To include Battery Boost, Unlocking, Flat Tire Change, Fuel Delivery, Storage, etc. C. D. E. F. Automobiles (including rocks up to 10,000 GVW) 2.5.00 /each $ N/c /each Motorcycles $/each $ N / C /each Trucks over 10,000 GVW $30.0 0 /each $ N / C /each Inside Storage-Auto Imide Storage-Motorcycle $ 12.0 0 /each $ N / C /each $ 12.00 /each $ N/C /each InsideStorag~Vehicle ori Trailerover 20 feet G.Outside Stora~e~Auto H.Outside. Storage-Motorcycle Outside Storage-Vehicle or Trailerover:20 feet : J.Additiona!:~Ipower Fee K.AdditionalWrecker~Fee (per un~) $ 15.0 0 /each $N [ C /each $ 12.00 /each $hl / C /each 6.00 /each $N ! C /each 15.00 leach $N/C /each per class A, B, & ;C /hour $ N/C /hour per class $. :. A, B, & ,C /each $ N/C ]each Note: On all tows, the towing charge will cover the first hour after ma-ival to the scene. Should additional manpower/wrecker be needed (after the first hour), a per unit/per extra man=hour rates may be charged. All tows and any/all e~-tra wreckers and/or manpower will be verified by the investigating-City Police Officer. 14 APPENDIX A DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that ~.a~iff’ s Of Palm Beach Tn~-~-~does-not (circle appropriate 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-fi’ee workplace, any available drug counseling. 1A CITY OF PALM BEACH GARDENS MEMORANDUM TO:Ronald M. Ferris, City Manager DATE:May 10, 2002 APPROVED: .Michael Morrow, Interim Director, Public Works FROM:James Lunn~ Superintendent Fleet Maintenan SUBJECT:VEHICLE TOWING SERVICES CONTRACT ADDITIONAL NINETY (90) DAY EXTENSION The current extension with our towing services provider, Kauff’s Towing, will expire on May 29th, 2002. We recommendan additional time extension of the existing contract for a period of ninety (90)days. The Fleet Committee has received and discussed alternative rotation vehicle-towing, contracts:: .The::committee~has~recommended~the.,following:.. ¯Rotation:of.Class:A~and Class.Bvehicles ¯Rotation ofClass C vehicles(>26,001 lbs.) ¯Free.towing for City vehicles and equipment ~ ¯Sole source towing for confiscated and impounded vehicles The additional extension will allow for contract modifications and award of a new bid. As you know, if this contract is not extended, the City will be without this essential service until a new contract is posted. Given.this, please.find a copy of the existing contract with a letter signed by the contractor, on May 10, 2002, in agreement to this additional extension. Should you have any questions, please feel free to contact me. (3:Jaok Doughney w/o attachments File w/attachments CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: APPROVED: FROM: SUBJECT: Ronald M. Ferris, City Manager March 11, 2002 Hoyt Owens, Director, Public Works Michael Morrow, Assistant Director, Public Works Vehicle Towing Services Contract - Additional Sixty (60) Day Extension The current extension with our towing services provider, Kauff’s Towing, will expire on March 30, 2002. We recommend an additional time extension of the existing contract for a period of sixty (60) days. The Fleet Committee has received and discussed alternative rotation vehicle towing contracts. The committee has recommended the following: ¯Rotation of Class A and Class B vehicles ¯Rotation of Class C vehicles (>26,001 lbs.) ¯Free towing for City vehicles and equipment ¯Sole source towing for confiscated and impounded vehicles The additional extension will allow for contract modifications and award of a new bid. As you know, if this contract is not extended, the city will be without this essential service until a new contract is posted. Given this, please find a copy of the existing contract with a letter signed by the contractor on March 11, 2002, in agreement to this additional extension. Should you have any questions; please feel free to contact me. attachments C."Jack Doughney w/o attachments File w/attachments CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 17, 2002 Meeting Date: May 30, 2002 Subject/Agenda Item: Consideration of Resolution 82, 2002, approving a First Amendment to the National Pollutant Discharge Elimination System Interlocal Agreement with Northern Palm Beach County Improvement District. Recommendation: Approval of Resolution 82, 2002 Reviewed by: City Attorney City Engineer Submitted by: City Attorney(/~~ Originating Dept: City Attorney Advertised: Date: Paper: [ X] Not Required Appr~~ffected parties: City I~.~ .... I [ ] Notified /~J_ [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 82, 2002 First Amendment to NPDES Interlocal Agreement Resolution 89, 1997 Explanation: The current National Pollutant Discharge Elimination System Interlocal Agreement with Northern Palm Beach County Improvement District will expire on September 30, 2002. The application to renew the NPDES Permit for an additional five year period has not yet been approved. This Amendment would extend the terms of the current Agreement until the NPDES Permit is renewed and the parties enter into a new Interlocal Agreement. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 82, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A FIRST AMENDMENT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("NPDES") INTERLOCAL AGREEMENT BETWEEN NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT AND THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 89, 1997, the City Council approved the execution of an NPDES Interlocal Agreement with Northern Palm Beach County Improvement District ("Northern") setting forth the various obligations and responsibilities of the parties relating to the NPDES Permit referenced therein; and WHEREAS, while a timely application to renew the NPDES Permit for its second five year term is currently pending, it is unclear when final administrative approval will be granted; and WHEREAS, Northern, as Lead Permittee, and the City, as Co-Permittee, wish to enter into a First Amendment to the NPDES Interlocal Agreement extending the term of the existing Agreement until the parties enter into a new Interlocal Agreement for the second five-year term; and WHEREAS, the City Council determines that execution of the First Amendment to the Interlocal Agreement 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 approves the First Amendment to the NPDES Interlocal Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes the Mayor and City Clerk to execute same. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AN D APPROVED THIS ~DAY OF ., 2002. ATTEST: MAYOR ERIC JABLIN 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 COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- MANLEY P. CALDWELL, JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR JAMES L. WATT BETSY S. BURDEN JOHN A. WEIG CALDWELL ~ ]DACETTI ATTORNEYS AT LAW SUITE 300 3~’4 ROYAL PALM WAY LLP May 6, 2002 Mr. Ronald M. Ferris City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Extension Amendment to NPDES Interlocal Agreement Dear Mr. Ferris: TELEPHONE: (561) TELECOPIER: (561) 655-.3775 E-MAIL: |loridalaw@earthlink.ne| PLEASE REPLY TO POST OFFICE BOX 2775 PALM BEACH, ~’L 33480-;~77S Enclosed please find two original First Amendments for Extension of Term of NPDES Inter- local Agreement for execution. Please have the originals signed and returned to our office. Please call if you have any questions. Thank you very much for your assistance. Sincerely, Betsy S. Burden BSB/nr Enclosures RECEIVED CITY MANAGER’S OFFICE 2002 U:LB SBkNORTHERN~pdes\Itr. ferris.pbg.wpd FIRST AMENDMENT FOR EXTENSION OF TERM OF NPDES INTERLOCAL AGREEMENT This FIRST Amendment (the "FIRST AMENDMENT") shall be effective as of the day of , 2002 ("the Effective Date"), and is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "the Lead Permittee") and , (hereinafter referred to as "the Co-Permittee"). WITNESSETH: WHEREAS, the parties have previously entered into an NPDES Interlocal Agreement (a true and correct copy of which is attached hereto and is referred to herein as the "Agreement"), which Agreement expires September 30, 2002; and WHEREAS, the Agreement described the parties’ obligations and responsibilities relating to the NPDES Permit referenced therein; and WHEREAS, a timely reapplication or renewal of the NPDES Permit forits second five (5) year term is currently pending, .but it is uncertain at this time as to when the Florida Department of Environmental Protection ("FDEP") will take final action on the pending application; and WHEREAS, pursuant to FDEP Rule 622624.420(4), Florida Administrative Code, the existing NPDES Permit shall not expire until FDEP has taken final action on the pending application; and WHEREAS, a draft of a new Interlocal Agreement covering the second term of the NPDES Permit is currently being negotiated by the parties; and WHEREAS, the parties wish to extend the terms and provisions of the current NPDES Interlocal Agreement until such time as FDEP grants the pending application for renewal of the NPDES Permit for its second five (5) year term. NOW, THEREFORE, the undersigned parties, for and in consideration of the mutual benefit set forth herein, the sufficiency of which is hereby acknowledged, do hereby enter into this FIRST AMENDMENT to the NPDES Interlocal Agreement, and agree with each other as follows: (1)Term. The term contained in Section 4.01 of the NPDES Interlocal Agreement which would otherwise expire on September 30, 2002, is hereby extended under the same terms and conditions contained in said NPDES Interlocal Agreement until the (2) (3) (4) (5) execution by the Lead Permittee and Co-Permittee of a new interlocal agreement for the second five-year term NPDES Permit. Fiscal Year Amendment. The phrase "Fiscal Year" as defined in Section 4.02 of the NPDES Interlocal Agreement shall also include: (vi) a Sixth Fiscal Year from. October 1, 2002 through September 30, 2003 and (vii) a Seventh Fiscal Year from October 1, 2003 through September 30, 2004. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court in and for Palm Beach County, Florida. Effective Date. This Agreement shall be effective as of the last date that it is signed by all parties hereto. IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereinafter written. EXECUTED by Lead Permittee this day of ., 2002. ATTEST:BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By:By: Peter L. Pimentel, Secretary A. Sally Hamadeh (SEAL) EXECUTED by Co-Permittee this day of .. ,2002. ATTEST: By:By: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: U:klvlMV~N OKTHEP..NkNPDES\e×ten d ,ti m e.w p FIRST AMENDMENT FOR EXTENSION OF TERM OF NPDES INTERLOCAL AGREEMENT This FIRST Amendment (the "FIRST AMENDMENT") shall be effective as of the day of ., 2002 ("the Effective Date"), and is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "the Lead Permittee") and , (hereinafter referred to as "the Co-Permittee"). WITNESSETH: WHEREAS, the parties have previously entered into anNPDES Interlocal Agreement (a true and correct copy of which is attached hereto and is referred to herein as the "Agreement"), which Agreement expires September 30, 2002; and WHEREAS, the Agreement described the parties’ obligations and responsibilities relating to the NPDES Permit referenced therein; and WHEREAS, a timely reapplication or renewal of the NPDES Permit forits second five (5) year term is currently pending, but it is uncertain at this time as to when the Florida Department of Environmental Protection ("FDEP") will take final action on the pending application; and WHEREAS, pursuant to FDEP Rule 62’624.420(4), Florida Administrative Code, the existing NPDES Permit shall not expire until FDEP has taken final action on the pending application; and WHEREAS, a draft of a new Interlocal Agreement covering the second term of the NPDES Permit is currently being negotiated by the parties; and ¯ ’ WHEREAS, the parties wish to extend the terms and provisions of the current NPDES Interlocal Agreement until such time as FDEP grants the pending application for renewal of the NPDES Permit for its second five (5) year term. NOW, THEREFORE, the undersigned parties, for and in consideration of the mutual benefit set forth herein, the sufficiency of which is hereby acknowledged, do hereby enter into this FIRST AMENDMENT to tlae NPDES Interlocal Agreement, and agree with each other as follows: (1)Term. The term contained in Section 4.01 of the NPDES Interlocal Agreement which would otherwise expire on September 30, 2002, is hereby extended under the same terms and conditions contained in said NPDES Interlocal Agreement until the (2) (3) (4) execution by the Lead Permlttee and Co-Permittee of a new interlocal agreement for the second five-year term NPDES Permit. Fiscal Year Amendment. The phrase "Fiscal Year" as defined in Section 4.02 of the NPDES Interlocal Agreement shall also include: (vi) a Sixth Fiscal Year from. October 1, 2002 through September 30, 2003 and (vii) a Seventh Fiscal Year from October 1, 2003 through September 30, 2004. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court in and for Palm Beach County, Florida. Effective Date. This Agreement shall be effective as of the last date that it is signed by all parties hereto. IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereinafter written. EXECUTED by Lead Permittee this day of ,2002. ATTEST:BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By:By: Peter L. Pimentel, Secretary A. Sally Hamadeh (SEAL) EXECUTED by Co-Permittee this dayof .,2002. ATTEST: By:By: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: U :’~I]’¢IV~ ORTHERN kNP D E S\ex t e n d .fime,wpd August 15, 1997 RESOLUTION 89, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)INTERLOCAL AGREEMENT BETWEEN NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT AND THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 9, 1996, the United States Environmental Protection Agency issued its National Pollutant Discharge Elimination System ("NPDES") Permit No. FLS000018 ("NPDES Permit") to forty (40) governmental entities designated as the Palm Beach County- Municipal Separate Storm Sewer System Permittees ("the Permittees"); WHEREAS, the NPDES Permit contains certain separate obligations and responsibilities on the part of each individual Permittee, as well as some obligations and responsibilities that may be performed jointly by all of the Permittees; WHEREAS, due to the number of Permittees and the tasks that must be performed under the NPDES Permit, it would be most economically and administratively feasible to allocate duties, responsibilities, and costs associated therewith under the terms of this Agreement; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part 1, Florida Statutes, to enter into this Interlocal Agreement and do wish to adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9) of Section 163.01, Florida Statutes. NOW, THEREFORE, BE IT 1LESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS. SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the NPDES Interlocal Agreement between the Northern Palm Beach County Improvement District and the City of Palm Beach Gardens, attached hereto as Exhibit "A". Section 2. This Resolution shall be effective upon adoption. ~H ROSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK NAY CITY ATTORNEY Resolution 89, 1997 Page 2 NPDES INTERLOCAL AGREEMENT This Agreement shall be effective as ofthe ’ day of . 1997 ("the Effective Date"). and is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as "’the Lead Permittee") and CITY OF PALM BEACH GARDENS (hereinafter referred to as "the Co-Permittee"). WITNESSETll: WHEREAS, the United States Enviromncntal Protection Agency (hereinafter referred to as "EPA") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System ("NPDES") Permit No. FLS000018 (hereinafter referred to as the "’NPDES Permit"’) to forty (40) governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System Permittees (hereinafter referred to as "the Permittecs"): and WI-IEREAS, the NPDES l’ermit contains certain separate obligations and responsibilities on the part o|’ each individual Permittcc, as well a~ some obligations and responsibilities that may be l’~crIbrmed jointly by all of the Pcrmittces: and WHEREAS, due to the number of Pennittces and the tasks that must be perforraed under the NPDES Permit, it would be tnost economically and a&ninistratively feasible to allocate duties. responsibilities, and costs associated therewith under the terms of this Agreement: and WHEREAS, the parties hereto are authorized pursuant to Chapter 163. Part 1 of Florida Statutes, to enter into this Interlocal Agreement and do hereby wish to adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9) of Section 163.01. Florida Statutes. NOW, TIlEREFORE, in accordance with Chapter 163. Part I, Florida Statutes, the undersigned p,’u-ties, for and in consideration of the mutual benefits set I~rth herein, do hereby enter into this Interlocal Agreement and represent, covenant, and agree with each other as follows: SECTION ONE . REP RES ENTATIONS i .0 I. Recitals. The recitals and representations as set forth hereinabove are true and correct to the best of the knowledge of the parties and are incorporated herein by this refercnce. SECTION TWO DESIGNATION OF PAR.TIES 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and the NPDES Permit. 2.02. Co-Permittee. City of Palm Beach Gardens is hereby designated as a Co-Permittee tbr the purposes of this Agreement and the NPDES Permit. SECTION THREE NPDE$ PERMIT 3.01. Term of Permit. The NPDES Permit has an effective date of February 1, 1997 (the "NPDES Permit Effective Date") and expiration date of December 31,2001 (the "NPDES Permit Expiration Date"). 3.02. Annual Rel~ort~. The NPDES Permit requires that certain reports be submitted to EPA on an annual basis commencing September 1, 1998 and on each September 1st thereafter through and including the year 2002. SEC’I’ION FOUR TERM QF AGREEMENT 4.0l. Term. The anticipated term of this Agreement shall be from the Agreement’s Effective Date through September 30, 2002. but subject to an annual Fiscal Year (as hereinafter defined) rene;val process pursuant to the following Section 4.03, unless otherv~ise terminated in accordance ~vith other provisions of this Agreement. 4.02..F.’unding Year. The tcm’, "Fiscal Year" is defined for the purposes of this Agreement as the following fiscal year periods, namely: (i)First Fiscal Year - from October 1, 1997 through September 30, 1998. (ii)Second Fiscal Year - from October l, 1998 through September 30, 1999. (iii)Third Fiscal Year - from October I, 1999 through September 30, 2000. (iv)Fourth Fiscal Year - from October I, 2000 through September 30, 2001. (v)Fifth Fiscal Year - from October 1,2001 through September 30, 2002, 4.03. Renewal. This Agreement shall be automatically renewed as of the beginning date of each Fiscal Year, unless a party to this Agreement provides written notice of non-renewal to the 2 other party at least thirty (30) days prior to the end of the prior Fiscal Year, or unless the Agreement has been previously terminated as provided herein. SECTION FIVE SCOPE OF WORK AND ALLOCATIQN OF DUTIES AND QBI.,IGATIONS 5.01. Scope of Work The Scope of. Work contemplated under this Agreement is applicable to the implementation and execution of the NPDES Permit, which Permit is incorporated herein, and is generally described as follows: (i) The timely preparation, coordination, and execution of all interlocal agreements necessary to carry out the terms of the NPDES PermR. (~i) annual reports. The timely preparation, coordination, and submittal to EPA of all system-wide (iii) The timely implementation, coordination, and execution of all monitoring required by the NPDES Permit. (iv) The timely preparation, coordination, and submittal to EPA of all watershed pollutant load estimates. (v) The timely developmc~t, implementation, and execution of all system-wide public education programs requi~ed by the NPDES Permit. (vi) The ti~nely development, implementation, and execution of all storm water management programs required by the NPDES Permit. (vii) The timely preparation, coordination, and distribution of standardized forms necessary to carry out the terms of the NPDES Permit. (viii) The timely and adequate performance of any other task required by the NPDES permit. 5.02. Allocation of Duties and Obligations (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Exhibit "A" which is attached hereto and incorporated herein (the "Lead Permittee Services"). (ii) The Co-Permittce shall be responsible for such other duties and obligations as arc identified as being its individual responsibility in the NPDES Pcrtuit. 5.03. b, lodifications to NPDES Permit It is understood and agreed that any changes, modifications, revisions, or additions to the terms of the NPDES Permit made subsequent to the Effective Date of this Agreement, including but not limited to any requirements to perform biological assessments, are expressly excluded from and not a subject of this Agreement. SECTION SIX FUNDING AND ALLOCATION OF COSTS AND EXPENSES 6.0 I. Annual Budget. In that this Agreement is anticipated to be renewed for a number of Fiscal Years, the parties acknowledge tlmt it is difficult to project the potential costs the Lead Permittee may be required to incur in future Fiscal Years in order to carry out the Lead Permittee Services. Due to the above, the parties agree that it is in their mutual best interests to arrive at a payment amount on an annual advance Fiscal Year basis in order to more reasonably calculate the amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision of Lead Permittee Services. 6.02. Prior Funding. The parties agree that any surplus funds previously paid by the Co- Penuittee pursuant to any prior Interlocal Agreement it has entered into with the Lead Permittee that relates to the NPDES Permit application process, shall be applied to and used tbr the provision of Lead Permittec Services by the Lead Permittee during the First Fiscal Year. 6.03. First Fiscal Year Payment. In addition to the funds referenced in above Section 6.02, the parties agree that lbr the First Fiscal Year, the Co-Permittee shah also pay to the Lead Permittee the sum of $8,800.00, which sum represents the combined payment of the Lead Pennittee’s Services during the Second Fiscal Year term of this Agreement and the Section 6.04 ten percent (10%) Reserve Fund Contingency. 6.04. Reserve Contingency. The parties acknowledge that each Fiscal Year payment required to be paid by the Co-Permittee to .the Lead Permittee for the provision of the Lead Pennittee Services will include a reserve fund contingency (the "’Reserve Fund Contingency") for unexpected additional costs and expenses. The Resen’e Fund Contingency an~ount shall be equal to ten percent (10%) of each Fiscal Year’s payment amount. 6.05. Current Funding. The parties acknowledge that the aforementioned funding will be sufficient to satisfy the current NPDES Permit requirements for the First and Second Fiscal Years unless unexpected additional costs and expenses of the nature described in following Section 7.03 4 arc incurrcd. 6.06. Future Fundiog. As to future Fiscal Year payments that will be required to be paid by the Co-Permittce to the Lead Permittee, the parties agree that on or before March I, 1998 the Lead Permittee shall provide a cost estimate to the Co-Permittee of the amount the Co-Permittees will be requested to pay during the Second Fiscal Year. ~vith all subsequent Fiscal Year estimates to be sent on or before March 1st of each foilo~ving Fiscal Year. The Lead Permittee and Co- Permittee shall then have until sixty (60) days before the beginning of the next Fiscal Year to agree in writing upon a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the applicable Fiscal Year. all of which shall be paid pursuant to Section Seven of this Agreement. It’, however, the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, then in that event this Agreement shall be deemed terminated unless otherxvise agreed to in writing by and between the parties. 6.07. Fifth Fiscal Year. It is assumed that during the Fifth Fiscal Year. the Co- Permittecs and EPA will commence to negotiate or rcnegotiate the terms of the NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder will likely be modified. Due to this uncertainty, the allocation of each parties duties m~d obligations hereunder, togethcr with the funding process for provision of services, will be reexamined during the Fifth Fiscal Year of this Agreement. 6.08. Separate Co-Permittee Expenses. Except for such amounts as are required to be paid by the Co-Pennittee to the Lead Permittee pursuant to above Sections 6.02 through 6.07, the Co-Permittee shall be responsible for all other costs and expenses relating to its individual duties at,,d obligations under the NPDES Permit. including but not limited to: (I) all costs of the Co- Permittee’s preparation and submittal of such of its own individual Atmual Report(s) that may’ separately rcquired by the NPDES Permit, (2) costs of all monitoring that may be the Co-Permittee’s individual responsibility, (3) costs of gathering, compiling, coordinating, and subnlitting all necessary data that may be individually required of the Co-Permittee by the NPDES Permit, and (4) all other costs of carrying out any other individual responsibility of the Co-Permittec according to the terms of the NPDES Permit. SECTION SEVEN PAYMENT PROCEDURE The Co-Permittee agrees to pay its annual Fiscal Year payments as follows: 7.01. First Fiscal Year. The First Fiscal Year payment amotmt specified in above Section 6.03 may, at the option of the Co-Permittee, be paid in either a single lump sum payment on or beibre October 1, 1997, or in twelve (12) equal monthly installments commencing on October 1997, and thereafter on the 1 st day of each subsequent month of the First Fiscal Year (said payment dates being hereinafter referred to as the "’Payment Due Date"). 7.02. Subsequent Fiscal Year payments. Once a subsequent Fiscal Year payment amount has been agreed to in writing by and bet~veen the Lead Permittee and the Co-Permittee, the Co- Pemfittee may. at its option, either pay the entire agreed-upon amount in either a single lump sum on or betbre October 1st of that particular Fiscal Year, or in t~velve (12) equal monthly installrnents commencing on October I st of that Fiscal Year and thereafter on the I st day of each subsequent month of tl’tat Fiscal Year (,said payment dates also being hereinafter referred to as the "Payment Due Date"). 7.03. Additional Costs. Since it is possible that following the parties’ finalization of an agreed upon Fiscal Year payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittec to carry out its Lead Permittee Services for that Fiscal Year, and in order to address same, the parties agree as lbllows: (i) In order to ameliorate ti~e possibility of unexpected additional costs and expenses resulting from the theft, loss, or destruction of equipment required for provision of the Lead Permittee Services, the parties agree that the Lead Pemfittce is authorized to include as a portion of the cost of providing its Lead Permittee Services, funding for the acquisition of loss, theft, and property damage insurance for said equipment. (ii) If the Le:~d Perrnittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead l’ermittee Services, then in that event, the Lead Permittee shall promptly notify the Co-Permittce, in writing, of the nature and estimated amount of the Co-Permittee’s allocable share of these unexpected additional costs and expenses, as well as the Lead Pcrmittee’s intent to draw down funds from the Co-Permittee’s Reserve Fund Contingency in order to pay said Co-Permittce’s allocable share of the unfunded and unexpected additional costs and expenses. t, iii) Further, if the Co-Permittee’s allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee’s Reserve Fund Contingency account, the Lead Pcrmittcc shall include in the aforementioned ~aotice to the Co-Permittee said excess amount. The Lead Permittce and Co-Permittec shall then attempt to negotiate the payment procedure tbr said unfunded and unexpected additional costs and expenses. (iv) if the Lead Permittee and Co-Permittee are able to agree a~ to the need and amount of the unfunded and unexpected additional costs and expenses, said agreement shall be reduced to writing and executed with the same formalities of this Agreement. "l-he agreed upon unfunded and unexpected additional costs and expenses shall be divided by the remaining months .of that particular Fiscal Year and paid to the Lead Permittee at the same time as the remaining regular Fiscal Year payments pursuant to preceding Section 7.02. (v) If the Lead Pennittee and Co-Permittee are unable to agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses then in that event the Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the 6 provision of thirty (30) days prior written notice to the Co-i’crmittcc. 7.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties laereto, if a Fiscal Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30) days of a Payment Due Date, then in that event the duties and obligations assumed by the Lead Permittee under the terms of this Agreement may be suspended and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-l’ermittee unless remedied by the Co- Permittee within said thirty (30) day notice time period. SECTION ’EIGHT OPTION TO .TERMINATE 8.01. Terminatioq. Either party to this Agreement shall have the right to terminate this Agreement. provided, however, that the party wishing to tcrminatc the Agreement must provide thirty (30) days prior written notice to the other party of said terminating party’s decision terminate this Agreement. Said termination shall not be eft~:ctive until said thirty (30) days have elapsed. 8.02. Costs and Expenses. Irrespective of which party elects to terminate this Agreement under one of the optional termination provisions of this Agreement or iu the event of a failure to pay by the Co-Petanittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead I’enuittee as of the date of its issuance or receipt of a notice of fermi,ration shall still be due and owing and the right to collect said amoum(s) shall survive the termination of this Agreement. 8.03. Refunds. Thc parties acknowledge that the Lead Permittee anticipates entering into annual agreements, on a Fiscal Year basis, with one or more consultants or contractors for the provision of certain services required in order for the Lead Pennittcc to provide its Lead Permittee Services on behalf of all Co-Pcrmittees. In that the Co-Permittee’s payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, it is unlikely that if this Agreement is terminated for any reason, that the Co- Permittee will be entitled to receive a refund from the Lead Permittee ~br any monies the Co- Permittee has prcviously paid pursuant to this Agreement. However, to the extent the Lead Pemaittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement, then in that event, the Lead Permittee shall be obligated to reimburse the Co-Permittee for the amount of such a reduction in costs and expenses. 8.04. Documentation and Data. In the event this Agreement is cancelled or terminated, all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co-Permittee, provided, however, that 7 said Co-Permittce shall be responsible for any costs incurred in making available such docutnentation. SECTION NINE ENFORCEMENT, VIOLATIONS. AND/OR DEFAULT 9.01. Enforcement. The designation of one of the parties under tiffs Agreement as the Lead Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the NPDES Permit as to the other party. 9.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negligeut or wrongful acts or omissions of the other party, and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. 9.03. Costs and Attorney’s Fees. In the event of any litigation or administrative proceeding to settle issues arising hereunder, the prevailing party shall be entitled to recover against the other party its costs and expenses, including reasonable attorney’s fees, which shall include but not be limited to any fees and costs for any appeal that may be taken. SECTION TEN MISCELLANEOUS PROVISIONS 10.01. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex, facsimile or telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, to following addresses: As to Lead Permittee:Northern Pahn Beach County Improvement District 357 Hiatt Drive Pahn Beach Gardens, Florida 33418 Attn: Executive Director Phone (561) 624-7830 Fax (561) 624-7839 With a copy to:Cald~vell & Pacetti 324 Royal Palm Way, Suite 300 Palm Beach, Florida 33480 Attn: Kenneth W. Edwards, Esq. Phone:(561 ) 655-0620 Fax:(561) 655-3775 8 As to Co-l’cr,nittec:CityofPalmBeachGardens ~~. Military Trail Palm Beach Gardens, FLCily Zip Attn: Bobbie Herakovich Phone: 561-775-8250 Fax: 561-775-8244 33410 With a copy to:T.~n~mh] Rrmwn~nn: p~-;~v-~ & Hellstrom, Inc ¯ 210 Jupiter Lakes B1vd_: Bldg. 5000 ,Nlrccl Jupiter, FL 33468-0727 City Zip Attn: Len Lindahl Phone: 561 -746-9248 Fax: 561 -746-0272 10.02. Entire Agl’eement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 10.03. Construction. The preparation of this Agreement is considered a joint effort of the parties and accordingly this Agreement shall not be construed more severely against one of the parties than the other. 10.04. Discrimination. The Lead Permittee and the Co-Pcrmittee agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 10.05. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 10.06. Assignability. The responsibility for carrying out any task assumed by any party to this Agreement, but not the obligation to pay the anaounts required to be paid as hereinabove set forth, may be assigned by any party to this Agreement upon receipt of written approval by the other party, which shall not be unreasonably withheld. 10.07. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated 9 thereby and shall be given full force and effect so far as possible, unless the prohibited or invalid provision reduces the payment obligations of the Co-Permitlee, in which event this Agreement may be thereupon terminated by the Lead Permittee. ! 0.08. Governing Law alad Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in cotmection herewith shall be exclusively in Palm Beach County, Florida. and each party hereby waives whatever their respective rights may have been in the selection of venue. 10.09. Time of the Essertce. Time is of the essence with respect to this Agreement. 10.10. eadl:Lg_~dd.a~. The headings contained in this Agreement are for convenience of ret~:rence only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 10. i 1. Remedies. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 10.12. NPDE$ permit. If there is any inconsistency between the terms of this Agreement and the NPDES Permit, then the NPDES Permit shall preempt, supersede, and control over the provisions of this Agreement. 10.13. Counterparts. This Agreement may be cxecuted in one or more counterparts, each of which shall be deemed an original, but all of xvhich together shall constitute one and the same instrument. 10.14. Clerk of Court. A copy of this Agreement shall be filed ~vith the Clerk of the Court in and lbr Palm Beach County, Florida. 10.15. Effective Date. This Agreement shall be effective as of the last date that it is signed by all parties hereto. 10.16. Termination of Prior Agreements. All previous interlocal agreements etatered into between the parties to this Agreement regarding the application or execution of the NPDES Permit shall terminate as of the Effective Date of this Agreement. 10 IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereinafter ~vritten. EXECUTED by Lead Permittee this day of ,1997. ATTEST:BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVElvIENT DISTRICT By:By: Peter L. Pimentel, Secretary William L. Kerslake, President (SEAL) EXECUTED by Co-Permittee this ~’~//~" day of~ ATTEST: (S E A L) CITY OF PALM BEACH GARDENS ~oseph-R. Russo APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 11 EXHIBIT A TO NPDES INTERLOCAL AGREEMENT LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the NPDES Permit is generally as follows: The timely preparation, coordination, and submittal to EPA of the system-wide annual report. (ii)The preparation, coordination, and execution of interlocal agreements necessary to carry out the joint responsibilities of all permittees. (iii)The timely preparation, coordination and execution of the wet weather monitoring. required by the NPDES Permit. (iv)The timely preparation, coordination, and submittal to EPA of all watershed pollutant load estimates. (v)The preparation, coordination, and distribution of standardized forms as approved by NPDES Steering Committee to carry out the terms of the NPDES Permit. (vi)Coordination and assistance in carrying out the terms of the NPDES Permit. Conducting NPDES Steering Committee Workshop. Attest: CITY OF PA LM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the City of Palm Beach Gardens is proud to be part of thousands of communities across our great nation who stand together to fight terrorism and injustice; and WHEREAS, every citizen should contribute to efforts to uphold the principals of liberty and justice and remember those innocent citizens who lost their lives to terrorism on September 11, 2001 and especially remember and honor those police, fire fighters and rescue workers who perished; and WHEREAS, Keep America Beautiful, Inc., a national nonprofit organization dedicated to helping individuals improve their community environments, has organized a national effort to create Liberty Gardens to honor those whose lives were taken and provide a living tribute to our nation’s enduring strength; and WHEREAS, our community wishes to create a special place of natural beauty where citizens can honor both the memory of those who have fallen during America’s New War and reaffirm the principles of liberty and freedom upon which our country has been built. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim this special place of beauty and location, as an official Keep America Beautiful Liberty Garden on this day 18th of May, 2002. Patricia Snider, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 18th day of May in the year Two Thousand and~ Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 30, 2002 Date Prepared: May 20, 2002 SUBJECT/AGENDA ITEM PCD-01-02 - MIRASOL PCD AMENDMENT Public Hearing/Second Reading for Ordinance 14, 2002- Anne Booth of Urban Design Studio, agent for Taylor-Woodrow Communities, Inc., is requesting approval for amendments to the Mirasol Planned Community District (PCD), to amend conditions of approval to allow for posting of surety for required platting, landscaping and infrastructure improvements, and to expand the requirements for Crime Prevention Through Environmental Design (CPTED) review to PCD-wide areas, and to amend the Master Plan to accommodate a minor lake reconfiguration, and add a condition that creates a process to allow for access to the rear of homes on common open space throughout the PCD. The Mirasol PCD is bounded by PGA Boulevard to the south, Ronald Reagan Turnpike to the east, Hood Road to the north and the C-17 Canal to the west. (33-34-41S-42E; 3-4-42S-42E) RECOMMENDATION Staff recommends approval of Ordinance 14, 2002 with one (1) new condition of approval. Reviewed by: Principal Planner Talal Benotl~~P City Attorney. ~ Finance NA Human Res. NA Submitted by: Growth ~ Manag~ t~/~ ~. ~, Directo& . Charles K~. V~/u, AIC~ Approved by.;/~. ~ City Manag~ Ronald M. Fe#is / Originating Dept.: Growth Managem~ Project /’ ~ Manage~, l ,~ I Edward ~ AICP Devel°pment ~2. Compliance Bahareh Wolfs, AICP .Advertised: May 16, 2002 Palm Beach Post Affected parties: [ ] Notified [ X ] 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: ¯ Ordinance 14, 2002 ¯ Mirasol PCD Master Plan ¯ Map- Prior configuration: Parcel 20 Lake ¯ Map- New re- configuration: Parcel 20 Lake ¯ Memorandum: City Engineer City Council Meeting Date: May 16, 2002 Date Prepared: May 20, 2002 PCD-01-02 BACKGROUND The Mirasol PCD (f.k.a Golf Digest) was initially approved by Ordinance 21, 1998, and was subsequently amended by Ordinance 8, 2000 and Ordinance 18, 2001. The applicant is requesting amendments that include the following: (1)Adding language to condition 63 (CPTED condition), which would make CPTED review inclusive of the entire PCD, not just within the PCD parcels. (2)Revising the master plan to indicate a lake enlargement and deletion of recreation center that was done administratively in 2001. (3)Amending language to condition 72, to allow for the developer to post surety for certain landscaping and infrastructure improvements prior to build-out date. (4)Adding a new condition that creates a process for accessing the rear of homes through common open space throughout the PCD, in the event that access is unobtainable through the side yards. PROJECT DETAILS Lake Reconfiq~ uration In addition to the above amendment, the City has required the applicant to amend the PCD Master Plan to indicate a lake enlargement that was approved as an amendment to Parcel 20 by Resolution 123, 2001 on July 21, 2001 as ,part of a house cleaning measure. A subsequent administrative approval of a fishing pier and gazebo at this lake contained the following condition of approval: "Within three (3) months of this approval, the applicant shall submit an application to revise the Mirasol PCD Master Plan to reflect the lake reconfiguration as shown on the Mirasol Parcel 20 Site Plan dated July 12, 2001." Adoption of the proposed PCD Master Plan, as exhibited in Ordinance 14, 2002, shall satisfy this condition. Waiver Request The proposed fishing pier includes construction within a Lake Maintenance Easement. The applicant must request a waiver from section 78-563(e) to allow for construction within a Lake Maintenance Easement. CPTED Review As part of the review of the most recent PCD amendment, the Police Department recommended that additional language be added to any future amendment to the PCD City Council Meeting Date: May 16, 2002 Date Prepared: May 20, 2002 PCD-01-02 to extend Crime Prevention Through Environmental Design (CPTED) measures from "development parcels" only to areas throuqhout the PCD. Lighting and visibility concerns within the Mirasol "Parkway System" also prompted concern about the limitation of the existing language. Therefore, the applicant proposes the following amendments to the existing language: Condition 63: "Crime Prevention through Environmental Design (CPTED) principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels and the PCD." Surety In Lieu of prior to Build-Out Date The applicant has requested amending the language to condition 72, to allow for the provision of surety for landscaping and infrastructure improvements prior to the build-out date. Code requires the completion of all infrastructure and landscape improvements prior to the build-out date, as specified in the project’s Traffic Impact Analysis. Incomplete installation of these facilities would require the applicant to request a time extension from the City Council for completion of these improvements. Therefore, the applicant proposes the following amendments to the existing language: Condition 72: "Consistent with r,~,.~,,~,, !!~ ’~ Section 78-61 recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of facilities, rights-of-way and easements shall be completed prior to December 31, 2004 or as may be extended by the City Council. In lieu of the installation of all infrastructure, common area improvements and landscapin.q, the applicant may provide surety for the same provided that: 1) the improvements are desi.qned by the en.qineer/architect of record, and reviewed and approved by the City; and 2) all applicable permits from other a.qencies/authorities for said improvements are approved and copies are received by the City; and 3) said surety shall be based on 110% of the estimated cost of improvements, as certified by the enqineer/architect of record and approved by the City, in accordance with City approved construction plans; and 4) upon receipt of said surety, the City shall require the completion and acceptance of the improvements within two (2) years from the date surety is received by the City and/or prior to the expiration of any permits from other aqencies/authorities (whichever comes first) or the City may exercise its ri.qhts as provided for in the City’s Land Development Re.qulations. Said surety shall satisfy buildout requirements of Section 78- 61. Time extensions, if required, are subject to the criteria set forth in 3 City Council Meeting Date: May 16, 2002 Date Prepared: May 20, 2002 PCD-01-02 ~ Section 78-61 of the City’s Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the build-out date of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order." The City Engineer has reviewed the proposed language amendment and has no concerns (Memorandum from City Engineer attached.) Access to Back of Lots Additional concerns from the City Council have arisen while reviewing the residential parcels within the Mirasol PCD. These concerns center on future need for rear access for pool construction or yard maintenance due to the reduced side setback waiver. Staff has proposed language to address this concern that is acceptable to the master developer. The following language is as follows: New Condition 74: "Prior to the issuance of the first Certificate of Occupancy for each pod, The applicant shall make provisions in the homeowners association documents to provide means of access to rear yards throuqh common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subiect to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction." (Planning and Zonin.q, City Attorney) PLANNING AND ZONING COMMISSION At its February 12, 2002, meeting, the Planning and Zoning Commission held a public hearing on this application and unanimously recommended approval to the City Council. STAFF RECOMMENDATION Staff recommends approval of the proposed amendments to the development order of the Mirasol PCD. The City Engineer and City Attorney have Condition 72 and have raised no objections. the proposed amendment. reviewed the proposed amendment to Therefore, staff recommends approval of 4 Last Revised:April 1, 2002 April 3, 2002 May 17, 2002 ORDINANCE 14, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 18, 2001, AND APPROVING AN AMENDMENT TO THE MIRASOL PLANNED COMMUNITY DISTRICT (FORMERLY KNOWN AS GOLF DIGEST) AMENDING CONDITIONS FOR CPTED PRINCIPLES, POSTING SURETY FOR CERTAIN INFRASTRUCTURE AND LANDSCAPING IMPROVEMENTS; AND REQUIRING A MECHANISM FOR REAR YARD ACCESS; AND RECONFIGURING A LAKE PARCEL AT THE SITE, LOCATED BETWEEN PGA BOULEVARD AND HOOD ROAD, AND FLORIDA’S TURNPIKE AND THE C-18 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN ADDITIONAL CONDITION OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 21, 1998, providing for development of a 2,304.79 acre Planned Community District (PCD), as subsequently amended by Ordinance 8, 2000, and Ordinance 18, 2001; and WHEREAS, the City of Palm Beach Gardens received an appiication(PCD-01-02) from Taylor-Woodrow Communities Inc., for approval of amendments to conditions of approval of the "Mirasol PCD," which is located between PGA Boulevard and Hood Road, and the Florida’s Turnpike and the C-18 Canal; and WHEREAS, the 2,304.79 acre "Mirasol PCD" site is currently zoned Planned Community District (PCD) with a future land-use designation of Residential Low (RL); 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 February 12, 2002, the City’s Planning and Zoning Commission reviewed said application and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: . Ordinance 14, 2002 Date Revised: May 17, 2002 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves amendments to conditions of approval placed on the "Mirasol PCD" master plan and subsequent amendments thereto. The subject site.is located between PGA Boulevard and Hood Road, and the Florida’s Turnpike and the C-18 Canal, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. The City Council hereby amends Ordinance 18, 2001, by modifying conditions of approval Numbers 63, and 72 to read as follows: Condition 63: "Crime Prevention through Environmental Design (CPTED) principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels and the PCD." Condition 72: "Consistent with Ch3ptcr 1 !8 46 Section 78-61, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of facilities, rights-of-way and easements shall be completed prior to December 31, 2004 or as may be extended by the City Council. In lieu of the installation of all infrastructure, common area improvements and landscaping, the applicant may provide surety for the same provided that: 1) the improvements are designed by the engineer/architect of record, and reviewed and approved by the City; and 2) all applicable permits from other aqencies/authorities for said improvements are approved and copies are received by the City; and 3) said surety shall be based on 110% of the estimated cost of improvements, as certified by the enqineer/architect of record and approved by the City, in accordance with City approved construction plans;.and 4) upon receipt of said surety, the City shall require the completion and acceptance of the improvements within two (2) years from the date surety is received by the City and/or prior to the expiration of any permits from other agencies/authorities (whichever comes first) or the City may exercise its rights provided for in the City’s Land Development Regulations. Said surety shall satisfy buildout requirements of Section 78-61. Time extensions, if required, aresubject to the criteria set forth in PMmaf)te~4~ Section 78-61 of the City’s Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the build- out date of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order." SECTION 3. The City Council hereby amends Ordinance 18, 2001, by adding a new condition of approval Number 74 to read as follows: Condition 74: Prior to the issuance of the first Certificate of Occupancy for each pod, the applicant shall make provisions in the homeowners association documents to provide means of access to rear yards throuqh common areas, lake maintenance easements and golf course areas, as applicable, for future construction or Ordinance 14, 2002 Date Revised: May 17, 2002 reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, imposed by the association and governmental entities havinq jurisdiction." (Planninq and Zoning, City Attorney) SECTION 4. The fol!owing waiver is hereby granted with this approval, as follows: (1)A waiver from Section 78-563(e) of the City Code, which requires that no construction occur within Lake Maintenance Easements. The applicant is requesting to construct a pier for a fishing dock within a Lake Maintenance Easement. SECTION 5. The City Council amends Ordinance 18, 2001, by modifying the PCD Master Plan to reflect a lake reconfiguration that is part of Parcel 20, as shown in the amended PCD Master Plan included as Exhibit "B" hereto. SECTION 6. Construction of the Planned Community District shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)December 14, 2001 PCD Master Plan, Urban Design Studios, 1 Sheet. (2)December 14, 2001 Development Phasing Plan, Urban Design Studios, 1 Sheet. (3)December 14, 2001 Common Area Phasing Plan, Urban Design Studios, 1 Sheet. (4)December 14, 2001 Sidewalk Location Plan, Urban Design Studios, 1 Sheet. SECTION 7. 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 8. 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 9. 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. 3 Ordinance 14, 2002 Date Revised: May 17, 2002 MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO AYE LEN RUBIN, CITY ATTORNEY NAY ABSENT 4 Ordinance 14, 2002 Date Revised: May 17, 2002 EXHIBIT A (next two pages attached) g/ed/2002:pcd0102ord 5 LEGAL DESCRIPTION’ ’--~ !C ~’~=’IB" ~:St o di~=nc= of 7%7 ~ ~-~" Then:= ~outh 1Z’5~’~-~" =:’: T:~inu~ of ~ ~ he .: Together .l~h th~ Sou:n tbr~ qu~rt~rz (~=uth a/~ of sold ion right of___~$y_..l~oe, o~ H::# Roc~ ~: d~=:r~b:d in ~inut=s :i ~h~ Count C~s~on o, Sep~.~., ~, 1911 and Agril 20, i~27 =no ;n R~ht of ~B2, p:ge ~04 =nd 0~;=~:] R~c:r~s ~ok 5570, p~g~ l;"’--, LEES ~C~TI~ THEREFRO~ ~h= righ[ of ~cy oF Flcri~=’~ Turnpike de~cribed in Deed ~ook 1119, ot page 573 end ~inutes of the CIF:={[ : Court und tho~: c=rtQin.pcrc:~s of l~nd des:r~bed in O~fici~l R:::rd: 8:ok of Palm Beach County, Fiorida. ~,_’T_ "A" - Page ~EO 3,4,5 T~’,9 42. S, RGE 42 r ," ¯ (CONT’D)D"..SCR iON dss.:.-i~e~ i.: .’,,i~""te_~,.. ot ’h~ ,.,,"::.:,~i’. Cc,’,"~., ’- " "-¯ .,,,0^ O/. "~"=...-~. ... ....C.~,~ ~_~ .-’:".,~’"t~ -,,.,.,".Cv in R~¢~ =’-’ ~,~ok -~e,a.-s 110 ~ Of .~:;d - ; , ’ Scu~he:.~i On.--:.’,.,crtsr (SE I/4) :f s=i~’ Se:tioa 3, a dist:ncs :.; ~J.5~ fee,t; ,,., u ........ : c;:~::a._ of ’ ";runc~escr i:~o,~.....:2" CJT .:creel ’, ~,~en:e tr=, the POINTOF ._~::t:.,~;u: ur,,,,., :.,,.::~.,. 87":£’I ~. .....~-~ ....a{on~ sc:,~. North .’;~n~, Q di~{~ncsof ~25.00 /:-’:, ..,, ’.--, ,~:n~ 7r~,, scid-o," -’~ l;ne, 00is.’.c,i:-~" ’*.,’ .... ¢-=’,,., ;,o ~, ,’~:!n:.., cn : curv~, cnnn:ve .,Yest~riy (¢ rodial t;-o .,:-------in;. -. ’.:hroua~ scid po;.,~, be:r= No ....’30’!0" ’~e.~t) havin~, a rc;diu~ cf ’.-.75..~.C. : ’ ~.han:_~ no;~,i~..~es~.-~r(;,. ~’~n9. ~.h-~ at: c~ ~.ai~ ¢:rvs i:hrouclh c n=n:.~. ......I :n~’..~ c~" 1:1’35’..,r.’, n. ,-"" ~-, = -. ¯c., .....7.~-ost=~!’/ (: rodicl !ins :css~n~ through s~id p~int .beers gcu~h ~!’Y3’.~" ,. r:~ius al 2~40 "" ’"o÷" " "o -’".,~,~ .....hen.. northeriy ctong f,~e ore :f ~ci.~ . ..........,.=:. ~Zfi~C~’. =-,=-"¯ ......."’: ’?io ~ ~Sou~h 8£’24’ Zz=: c ~istc.lCS ci i0~,7 ~8 ~=°’ ~0 ,.,: .... ~ine ol the. ¢::’,’e ref~.r~.nced Fi~r~c= _¢ Turnpike.; thence. _~ou.’.n C.t. _,: ’/lest clon~ ~,,id "’~ .gno., ..Ly l~ne, e .ist: ,° ~ I" ..... _~c-.,-r=Z~. "A" - ~ge 2 MASTER PLAN GOlF DIGEST PCD ’ EXHIBITB PROPOSED N88°I0’53"W 812.52’ 22 Rasidentia (Mad.) 7’.9 Ac 21 Residential (Mad.) 7.9 A¢ Residential (Mad.) 11.6 Ac ;e ¯ Lake ’ 18(I) , Residential (Low) 16.8 Ac Laka 34.71 17 9.7A~ (Mad, Lake 34,71 Ac /# POTENTIAL LOCATION TO ACCOMI FUTURE PEDES"rRI/ CROSSING OVER TURI’ UTILrrY =nUa~ (Mad.)\ 1.3 Ac ¯ ¯ | ResidenUal (Mad.) ¯ 19.2 Ac COMMERCIAL 12.0 AC 30.95Ao N05^24’ 472.25’ N29^40’01’ 344.64’ N55^05’09"E 347.11’ EXISTING 29 (E N88°10’53"W 812.52’3.ee ~=. / 21 (Mod.) "}’.9 .a~ 11.6 Rec. Center 3.92 AC -S-ii It It I! 18(I) Residential (Low) 16.8 A¢; F1 TO ACCOMMI IDATE FUTURE PEDEErR~N ~ING OVER TURNP KE UTILITY nz Z .J CONSERVATION FLORIDA TURNPIKE m z rrl O z CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 SUBJECT/AGENDA ITEM Petition MlSC-01-25: Time Extension for PGA Commons Parcel 2 PUD Second Reading / Ordinance 23, 2002: a request by Urban Design Studio, agent for Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of a two- year time extension to the build-out date, with a new expiration date of December 31, 2003, for the PGA Commons Parcel 2 Planned Unit Development located on 8.9 acres at the southwest corner of PGA Boulevard and Hickory Drive. The applicant is also requesting to amend one previous development order condition. RECOMMENDATION Staff recommends a_p_proval of Ordinance 23, 2002. Reviewed by: Principal Planner_~~l Steven B. Cram~P City Attorney (~____~;~" Leonard G. Rut~in Development Compliance,/ Bahareh Wolfs’. Submitted by: Growth ianag~h’~ ~t ~ ¯ Director~J/i.~ (~. Charles K. Wu, AICP Approved bye_ City R~)nald M. Ferris Originating Dept.: Growth Management: Project ~Manager Kara Irwin Senior Planner Advertised: Date: May 2, 2002 Paper: Palm Beach Post JC-] Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: N/A [ ] Approved [ ] App.w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Ordinance 23, 2002 ¯ Ordinance 8, 1999 [ ] None City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-25 BACKGROUND PGA Commons Parcel 2 PUD was approved by City Council on February 11, 1999 through the adoption of Ordinance 8, 1999 (see attached). The ordinance granted approval for the construction of 17 townhomes, 8 apartments, 6,606 square feet of general office, 7,150 square feet of medical office, 12,654 square feet of general retail, 3,300 square feet of indoor restaurant use and 1,675 square feet of outdoor restaurant use. On November 1, 1999, the City administratively approved modifications to the final square footage for the commercial portion of the PGA Commons Parcel 2 PUD for 17 townhomes, 7 apartments, 11,456 square feet of general office, 2,300 square feet of medical office, 14,140 square feet of general retail, 3,300 square feet of indoor restaurant and 1,675 square feet of outdoor restaurant. On November 27, 2000, the City administratively approved modifications to the PUD to add back one apartment unit and to covert 516 square feet of medical office to general office. To date, PGA Commons Parcel 2 PUD is currently approved for the following: ¯ 17 Townhomes ¯ 8 Apartments ¯ 14,140 square feet of retail space ¯ 11,972 square feet of general office space ¯ 1,784 square feet of medical office space ¯ 3,300 square feet of inside restaurant space ¯ 1,675 square feet of outdoor restaurant space TIME EXTENSION The City’s Land Development Regulations require that the proposed development sufficiently comply with seven criteria in order to be eligible for a time extension. Below in bold is a listing of criteria for City Council to use in the evaluation of this time extension request, as identified in Section 78-61(f)(2)c.2. The applicant’s response each criterion follows. a=The number, type and cost for professionals retained to design the project and secure permits or approvals, 2 b= City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-25 Because of the interrelation between the PGA Commons Parcel 2 PUD and the adjacent Parcel 3 PUD, the costs of professionals used in the design and approval of the PUDs have been grouped into one figure. Since the original approval for Parcels 2 and 3, ten professional firms have been retained at a total cost of $201,491. It should be noted that these fees did not include any of the monies used to design and secure approval for the original PUD. This continued expenditure exhibits a "good faith" effort in the development of this approved project. The number and type of permits/approvals obtained from the city and other regulatory agencies. Since the PGA Commons Parcel 2 PUD approval on February 11, 1999, the approved plans have been modified five times. The City Council, on October 7, 1999, adopted Resolution 101, 1999, which approved the Signage and Lighting for PGA Commons Parcel 2. On November 1, 1999, the City administratively approved a reduction in one apartment unit and modifications to the final square footage for the commercial portion of the PGA Commons Parcel 2 PUD. On November 27, 2000, the City administratively approved an amendment to the development program to add back the previously deleted additional apartment unit. On May 17, 2001, City staff administratively approved modifications for screen enclosure setbacks for the townhouse units. On August 22, 2001, the City also administratively approved modifications to the project’s landscape plan. As the first mixed use project within the City, the subsequent approvals to the development plans reflect the refinement of this new development type within the City. The applicant has received permits for the subject site from the South Florida Water Management District, Florida Department of Health and has pending approvals with the Florida Department of Transportation and Seacoast Utility Authority. The level of activities with regards to securing approvals and permits indicate the good faith effort in constructing and completing this project by the developer. 3 City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01o25 C=The number and timeliness of plats recorded and/or phases completed, if applicable. Although the plat has not been recorded at this time, work has continued, as outlined above, on refining the development project and securing the necessary utility and governmental agreements and approvals. This work has been in preparation for the filing and recording of the plat for PGA Commons Parcel 2. The plat will be recorded prior to the issuance of the first building permit for the project. A considerable amount of work has been accomplished since the original approval in order to prepare a complete plat for the property. The level of activities with regards to providing utility and governmental easements and securing agreements with local governmental agencies indicate a good faith effort has been exuded for the progress of this project. d=The completion and/or progress of the site improvements and the expenditure incurred or the establishment of surety thereof. No construction has yet commenced on the site. However, as detailed above, the applicant has proceeded in good faith in the development of this project through the expenditure of hundreds of thousands of dollars, the submittal and approval by the City of several plan revisions and the continuing work with local utilities and government agencies to secure the necessary permits and agreements and provide easements needed prior to the commencement of construction. e. Granting of right-of-way or other public dedications. Within Ordinance 8, 1999, which approved the PGA Commons Parcel 2 PUD, the applicant agreed, through Condition #3, to provide the City with a 20-foot access easement for the maintenance of the City canal along the southern perimeter of the site. This will be provided through the plat for Parcel 2. As part of the PUD approval, the applicant also agreed to make improvements to the City canal and to maintain landscaping within the adjacent public road rights-of-way and the City canal. No right-of-way dedication was required for this project. As stated above, the applicant is continuing to work with all utility providers to locate and provide the necessary easements for the project. 4 City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-25 This continuing work on this project indicates the good faith efforts in progressing with this development. f.The marketing efforts to date and the results thereof. As discussed during the City development approval process for PGA Commons Parcels 1, 2 and 3, the focus of the marketing efforts of the project was initially centered on Parcel 1. PGA Commons Parcel 1 is now open and the marketing efforts are now focused on Parcels 2 and 3. Since the original approval for Parcel 2 and 3, approximately $7,500 has been spent on market research for the two parcels. Marketing for Parcel 2 continues and several quality tenants have expressed considerable interest in the project. The continuing marketing efforts and the expenditure of marketing funds indicates the applicant’s good faith efforts in the progress of the project. g. Financing and economic conditions. As recently reported in the Wall Street Journal, the country has been in a recession since March 2001. In addition, the aftermath of the September 11th attacks has adversely impacted the economy, in particular, the retail sector of the economy. It is arguable that this downturn in the economy has resulted temporary slowdown in the response to the project’s marketing efforts. Despite the economic conditions, the applicant has indicated the good faith efforts in marketing the project and progressing with the development of the project. Staff has determined that the applicant meets the criteria found in the code. In addition, the traffic impact analysis for PGA Commons Parcels 2 and 3 has been updated and reviewed. In the original approval, the traffic analysis for Parcels 2 and 3 were reviewed and approved together. With respect to Parcel 2, no site-related improvements are required. However, the City’s Traffic Engineer has determined that once the development of Parcels 2 and 3 creates 2,210 net new trips, there will be a need for the construction of the Kyoto Gardens Drive extension between Alternate AIA and Military Trail. The applicant can be alleviated of this condition by performing traffic counts along PGA Boulevard between Military Trail and Interstate Highway 95, that demonstrate that there is enough capacity to complete the remainder of the project or a portion thereof. A condition of approval stating these options is included in the development order. City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISCo01-25 Since the date of the original approval for PGA Commons Parcels 2 and 3, all subsequent petitions have incorporated the trips approved for this project into their review. AMENDING CONDITION #11 IN ORDINANCE 91 1999 Ordinance 8, 1999, which approved PGA Commons Parcel 2 Planned Unit Development, included condition of approval #11 that states, "Prior to the issuance of the first building permit for vertical construction, all infrastructure for the proposed project shall be completed and accepted by the City. (City Engineer, Planning Zoning)" To allow more flexibility in developing the site, the City Engineer has agreed to amend the condition to read: a) b) Prior to the issuance of the first buildinq permit, the applicant shall submit a Phased Construction Plan that is acceptable to the City. The Phased Construction Plan shall show in what order the developer plans to construct both the residential and commercial buildin.qs of the proiect, includin.q all required infrastructure. The City and the applicant shall work together to develop said plan to provide an orderly construction schedule that meets all of the requirements of the City’s Land Development Regulations. Prior to the issuance of the first Certificate of Occupancy for the residential portion of this project, all infrastructures supporting the residential portion of the proiect shall be substantially complete and accepted by the City. Substantially complete shall be defined as a complete and operable drainaqe system and completion of required utilities. (City Engineer, Planning & Zoning) STAFF RECOMMENDATION Staff recommends approval of the two-year time extension to the build-out date for the proposed PGA Commons Parcel 2 Planned Unit Development, which will now expire on December 31, 2003, with the conditions listed in the ordinance. Staff also recommends approval of the proposed language change to Condition #11 in Ordinance 8, 1999. CITY COUNCIL On May 2, 2002, the City Council approved Ordinance 23, 2002, on First Reading. 6 Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 ORDINANCE 23, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE EXTENSION OF THE BUILD OUT DATE FOR CONCURRENCY CERTIFICATION FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND HICKORY DRIVE, KNOWN AS "PGA COMMONS PARCEL 2" PLANNED UNIT DEVELOPMENT; AMENDING ORDINANCE 8, 1999 TO REVISE A CONDITION OF APPROVAL AND ADD A NEW CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of an extension to the approved build-out date for the "PGA Commons Parcel 2" Planned Unit Development; and WHEREAS, § 78-72(b) requires that applicants for development approval receive concurrency certification from the City of Palm Beach Garden’s Growth Management Department prior to Development Order approval; and WHEREAS, § 78-77(b) provides an allowance of a time extension whereby City Council may approve the time extension according to the conditions of § 78-77(b)(1-7); WHEREAS, the City Council has determined that the developer has proceeded in good-faith with efforts to progress the review and approval of the development. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves the time extension for the build-out date for the PGA Commons Parcel 2 Planned Unit Development to December 31,2003, as referenced in the traffic analysis prepared by Pinder Troutman Consulting, Inc., dated March 14, 2002. Section 2. The City Council hereby amends Ordinance 8, 1999 to add the following condition of approval, which shall be binding on the applicant, its successors and assigns: 29.No more building permits shall be issued for development that generates more than 2,210 daily external trips (between parcels 2 and 3) until either: a) construction begins (as determined by the Growth Management Staff) Kyoto Gardens Drive extension between Alternate A1A and Military Trail, or Ordinance 23, 2002 Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 b)a traffic study shows there is enough capacity along PGA Boulevard between Military Trail and Interstate Highway 95 to complete the remainder of the project or a portion thereof. The traffic study shall be performed using the following methodology: Existing traffic on PGA Boulevard between Military Trail and Interstate Highway 95, plus background traffic, plus traffic associated with projects which have obtained building permits and are expected to be occupied at the buildout of The Commons, plus traffic associated with The Commons do not exceed the adopted service volume for this segment of PGA Boulevard. This study shall be performed within one year or less of buildout date of The Commons. (City Engineer) Section 3. The City Council hereby amends condition 11 as set forth in Ordinance 8, 1999, to read as follows (added words underlined, and removed words..., o* .... ....,.~ ...~.j.’~"+~" 11.D-l^r tO ,h,., ISSU3,",CO of the #;to+ ~,,(I"= ......+ ~ .....~=~I ....+ ....+=,~ ~II a) Prior to the issuance of the first buildinq permit, the applicant shall submit a Phased Construction Plan that is acceptable to the City. The Phased Construction Plan shall show in what order the developer plans to construct both the residential and commercial buildinqs of the project, includin.q all required infrastructure. The City and the applicant shall work toqether to develop said plan to provide an orderly construction schedule that meets all of the requirements of the City’s Land Development Regulations. b) Prior to the issuance of the first Certificate of Occupancy for the residential portion of this project, all infrastructures supportid.q the residential portion of the project shall be substantially complete and accepted by the City. Substantially complete shall be defined as a complete and operable drainage system and completion of required utilities. (City Engineer, Planning Zoning) Section 4. All other provisions of Ordinance 8, 1999 remain in full force and effect, to the extent not modified herein. Section 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 6. 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, 2 Ordinance 23, 2002 Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF MAY 2002 PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 2002. 2002 MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK VICE MAYOR CARL SABATELLO COUNCILMAN JOSEPH R. RUSSO COUNCILWOMAN ANNIE DELGADO ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGALDO COUNCILMAN RUSSO CITY ATTORNEY AYE NAY ABSENT 3 February ll, 1999 ORDINANCE 8, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF CHANNING CORPORATION XXX FOR REZONING OF 8.997-ACRES OF LAND LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, IMMEDIATELY WEST OF ITS INTERSECTION WITH HICKORY DRIVE TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT 17 TOWNHOMES, 6,606 SQUARE FEET OF GENERAL OFFICE, 7,150 SQUARE FEET OF MEDICAL OFFICE, 12,654 SQUARE FEET OF GENERAL RETAIL, 3,300 SQUARE FEET OF INDOOR RESTAURANT, AND 1,675 SQUARE FEET OF OUTDOOR RESTAURANT USE WITH $ APARTMENTS LOCATED ABOVE THE COMMERCIAL USES; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation XXX for rezoning of 8.997 acres of land located at the southwest comer of PGA Boulevard and Hickory Drive, as more particularly described in Exhibit "A" attached hereto, to a Mixed-Use Planned Unit Development; WHEREAS, a portion of the 8.997 acres of land involved is presently zoned as Residential High (RH) with land use designations of Residential High (RH) and Mixed-Use (MXD), and a portion is presently zoned as Residential Medium (PM) with a land designation of Mixed-Use (MXD); WHEREAS, the City’s Growth Management Department has recommended approval of’~he Commons Parcel 2"; 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. 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 application of Channing Corporation XXX for a mixed-use PUD of 8.997 acres located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive, as more particularly described in Exhibit "A" attached hereto; from Residential High and Residential Medium zoning, to Mixed-Use Planned Unit Development, in order to construct 17 townhomes, 8 apartments above retail, 6,600 square feet of general office, 7,150 square feet of medical office, 12,654 square feet of general retail, 3,300 square feet of indoor restaurant use, and 1,675 square feet of outdoor restaurant use to be known as The Commons Parcel 2. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: 1. The following shall be the only permitted uses within the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district with the exception of churches, nurseries or day care facilities, and self- service laundry facilities; apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, art gallery, and art supplies; commercial photography studio; camera and photographic supplies; tailor; costume/tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newsstand; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City performance standards); pet shop, including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shop, travel agency, and fitness facility not to exceed 2,500 square feet in size. (Planning & Zoning) 2. Outdoor display areas may be administratively approved by Staff, based on the following criteria: ao do g. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. Outdoor display areas shall be located directly adjacent to its accompanying place of business. Outdoor display areas shall not extend more than four-(4) feet from the subject business’ outside wall, and shall at no time exceed forty (40) square feet in size. The outdoor display area shall not impede pedestrian access. Outdoor display areas shall not extend into the 55-foot PGA Boulevard Corridor Overlay. Outdoor display areas shall not exceed six (6) feet in height. Exceptions for outdoor display may be made for special events as approved by the City. (Planning & Zoning) 2 3. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for maintenance of the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, City Attorney) 4. Prior to construction plan approval, the applicant shall provide on the construction plans one (1) access point into the canal area. (Building) 5.At no time shall the ground cover along the bank of the canal exceed three (3) feet height.(Public Works) 6. The applicant, and its successors and/or assigns shall maintain the landscaping within the canal easement south of this site, from Hickory Drive west, to a line perpendicular to their western terminus. (Public Works) 7. Prior to the adoption of the Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (City Attorney) 8. Townhouses shall have driveway, curbside pick-up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick-up no earlier than 6 a.m., and wheeled back into the buildings for storage after pick-up. Trash from cafes, restaurants and other food-serving establishments shall be bagged and contained in air-conditioned rooms within the buildings. (Code Enforcement) 9. The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 10. All canal cross-section construction shall be completed during the first phase of infrastructure construction. No Certificate of Occupancy shall be issued until the canal cross- section construction (reconstruction) is completed and accepted by the City. The applicant shall utilize existing material to grade the canal right-of-way. However, under no circumstances shall the applicant utilize the excess fill from the canal right-of-way to improve the Commons site. The applicant acknowledges that the Public Works Department shall then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross-sections at the water’s edge. (City Engineer) 11. Prior to the issuance of the first building permit for vertical construction, all infrastructure for the proposed project shall be completed and accepted by the City. (City Engineer, Planning & Zoning) 12. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the five (5) foot access aisle and handicap pavement symbols. (City Engineer) 13. Prior to construction plan approval, the applicant shall provide documentation showing that the existing 10-foot Seacoast Utility Authority easement has been abandoned. (City Engineer) 14. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and lands6ape plan. (City Engineer) 15. Prior to construction plan approval, the applicant shall provide written authorization from each of the utility owners affected by this site plan, allowing the applicant to pave and landscape within said easements. (City Engineer) 16.The building phasing program shall be the following: Prior to the issuance of the first Certificate of Occupancy for mixed-use buildings, a building permit shall be issued for the first townhouse building and/or sales model. The townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupaney for additional mixed-use buildings. (Building) 17. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 15,000 square feet of recreation credits for Parcel 2 from the Foundation credit pool. (Building) 18. The applicant, and its successors and/or assigns shall maintain the landscaping within the road shoulder and medians east of this site, within Hickory Drive from the intersection of PGA Boulevard south, to the canal at their southern terminus. (Code Enforcement) 19. The applicant, and its successors and/or assigns shall pay to the City one-half(½) of the total cost of maintenance for 430 linear feet of landscaping located within the median of PGA Boulevard, commencing from the intersection of Hickory Drive and PGA Boulevard, to the western terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant, and its sueeessors and/or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, and its successors and/or assigns. (Public Works, Finance) 20. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks, and all four sides of the buildings including garage areas, shall be indicated on the construction plans. (Building) 4 21. Any conversions of uses involving more than five (5) percent of the total approved commercial/retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City’s review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) 22. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City’s Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 23. The applicant shall not maintain, alter or impact in any way the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall use best efforts to assist the City in monitoring the reclaimed water irrigation system, per State regulations. (Planning & Zoning) 24. The applicant, his successors and/or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separateagreement between the City and the applicant. (Planning & Zoning, Finance) 25. In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway/roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, and its successors and/or assigns. (Planning & Zoning) 26. Prior to construction plan approval, a sidewalk on the southwest side of Hickory Drive shall be indicated on the construction plans; construction of the sidewalk shall be completed prior to the issuance of the first Certificate of Occupancy. (Building) 27. The restaurant’s kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards", Subsections (B) entitled "Odor" and (F) entitled, "Smoke", of the City’s Development Regulations. (Code Enforcement) 28. Prior to the issuance of the first building permit, the applicant shall duly record in the public record a covenant which shall be subject to City review. Said covenant shall bind the subject parcel to the specifications of this development order at the time of adoption for a period of twenty (20) years. (City Attorney) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.September 1, 1998 Overall Site Plan, Oliver ¯ Glidden & Partners, 1 Sheet. October 25, 1998 Site Plan by Oliver ¯ Glidden & Partners, Sheets SP-2, SP-2A (2 sheets total). September 28, 1998 Floor Plans, Oliver ¯ Glidden & Partners, Sheets A-1, A-2, A-2.1 (3 sheets total). October 25, 1998 Exterior Elevations, Oliver ¯ Glidden & Partners, Sheets A-3.1, A-3.2, A-3.3 (3 sheets total). August 28, 1998 Exterior Elevations and Floor Plans, Oliver ¯ Glidden & Parmers, Sheet A-3.4. (1 sheet total). September 28, 1998 Exterior Elevations and Floor Plans, Oliver ¯ Glidden & Partners, Sheets A-6, A-7, A-8 (3 sheets total). October 25, 1998 Exterior Elevations/Color Locations, Oliver ¯ Glidden & Partners, Sheet C-1 (1 sheet). December 7, 1998 Landscape Architecture Plans, Environment Design Group, Sheets L1, L2, L3, L4, L7, and L9 (6 sheets total). September 29, 1998 Landscape Architecture Plans, Environment Design Group, Sheets L5, L6, L8, L10, and L11 (5 sheets total). 10.August 28, 1998 Rights of Way and Access Easements, Oliver ¯ Glidden & Partners, Sheet AE-1 (1 sheet total). 11.September 22, 1998 Conceptual Water, Wastewater, and Drainage Plan, Keshavarz & Associates, Inc., Sheet 1 of 1 (Drawing #: 97600-2). 12.August 28, 1998 Photometric/Lighting Plan, Oliver ¯ Glidden & Partners, Sheet SLP-2 (1 sheet total). 13.September 28, 1998 Boundary & Topographic Survey, Lidberg Land Surveying, Inc., Sheets 1, 2, 3, and 4 (4 sheets total). 14.December 31, 1998 Canal Cross Sections, Keshavarz & Associates, Inc., Sheets 1 and 2 (2 sheets total). 15.February 10, 1999 Lighting Fixture Schedule & Cut Sheets, Beacon Products, Inc., 3 sheets total. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 DAY OF JANUARY ,1999. PLACED ON SECOND READING THIS 11 DAY OF FEBRUARY ,1999. PASSED AND ADOPTED THIS / o m . usso VICE AUi N FU ADO , 11 ~ DAY OF FEBRUARY ,1999 COUNCILMAN DAVID CLARK ATTEST: LINDA V~SIER, CMC, CITY~ CLERk. APPROVED AS TO LEGAL FORM A~.. SUFFICIENCY. CITY AT~-’-R~Y --’-" VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO -~- COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g/short imd9504 or9 Exhibit ~XACT LEOAL. ~ OF THE SUBJECT PROPERTY (Attach if insufficient space} A PARCEL OF LAND SITUATE IN SECTION II, TOWNSHIP 41 SOUTH, RANGE 42 EAST| W[TIIIN THE MUNICIPAL LIMITS OFTHE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE FOI,I,OWINC DESCRIBED PORTION OF SAID SECTION It LYING WESTERLY OF THAT CERTAIN RIGHT OF WAY FOR HICKORY DRIVE AS DESCRIBED 1N OFFICIAL RECORD BOOK 8741, PACE 1495, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION It, THENCE SOUTH 00 ° 39’ 17" WEST, ALONG THE EAST LINE OF SAID SECTION II, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD, AND THE POINT OG BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00 ° 39’ 17" WF.ST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 1,065.29 FEET; THENCE NORTH 89° 19’ 53" WEST, A D[STAJ~CE OF 125.30"FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK2608, PAGE 653 THROUGH 665, INCLUSIVE. PUBLIC RECORDS OF PALM BEACH COUIWI’Y; THENCE NORTH 00 ° 39’ 17" EAST, ALONG SAID EAST LINI~ A DISTANCE OF 287.46 FEET~ THENCE SOUTH 79* II’ 52" WEST, A D|STANCE OF 347.~9 FEET~ THENCE NORTH @0° 45’ 28" EAST, A DISTANCE OF 534.40 FEET TO SAID SOUTH RIGHT OF WAY LINE OF P.G.A~ BOULEVARD; THENCE SOUTH 89° 14; 32" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 72272 FEET TO THE POINT OF BEGINNING OF THE HEREIN DES.CRIBED PARCEL. CONTAINING IN ALL, 8.997 ACRES, MORE OR LESS. LOCATION The subject property is located approximately_Zero mile (s) from the intersection of_PGA Boulevard and Avenue of the PGA _, on the (nc~h, east, south, west) side of.. PGA Boulevttrd Property Con,rot No. (s) of the subject parcel (s).~4-42-42-t 1-00.-000ot =ONSULTING CIVIL ENGINEEKS, SURVEYOKS & MAPPEKS CML AGRICULTURAL WATER RESOURCES ~ATER & 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 John Lindgren, A.I.C.P. Sean C. Donahue, P.E..~ April 17, 2002 99-4067 SUBJECT: PGA Commons’Nos. 2 & 3 The City’s traffic consultant, MTP Group, Inc., has completed their review of the Traffic Impact Analysis associated with the Time extension request for the referenced project prepared by Pinder Troutman Consulting, Inc. dated March 14, 2002. We have also reviewed an addendum to this analysis that accounts for the errors in the approved land uses for these projects as stated in the Traffic Impact Analysis. According to the MTP Group, Inc., this project complies with the City of Palm Beach Gardens Traffic Performance Standards, subject to conditions. A copy of MTP Group’ s memorandum containing the recommended conditions of approval is attached. Also attached is a copy of the addendum to the Traffic Impact Analysis. If you have any questions or require additional information, please do not hesitate to contact me at (561) 219-2828. SCD/ CC:Talal Benothman, A.I.C.P. Maria Tejera, P.E.-MTP Group, Inc. P:WROJECTSWB GMEMO\4067~4067zk ..l--~-;’u~" .-~ : ~t:)l-’N I- RUH HTP GR0t.P I NC WPB FL + 1 ~ 1 79Ee23E)P. 2 MTP Group. Inc. 12 798 Forest Hill Bouleverd, Suffe 303 West Pelm Beech’, FL 33414 Phone: (~611 796-0678 Telefex: (~61) 755-0230 To: l~ro i11: Date: Subject: MEMORANDUM, SPan C. Donahue, P.E. Made M. Tejera, P.E. March 28, 2002 POA Commons Time Extension - Parcels 2 and 3 (Eastern PUD) ’Per your request, we have reviewed a Concurrency Traffic Impact Analysis prepared by Pinder Trout-man Consulting, Inc. and dated March 14, 2002. The analysis was prepared to justify a buildout extension to the year 2003. We did not receive a copy of the site plan with the traffic study. However, we reviewed Ordinances 8, 1999 and 9, 1999 to determine land uses originally approved for this development. The information is summarized in Table 1. Table 1 The Commons Parcels 2 and 3 Land Uses Land Uses Ordinance 8, 1999 ’(Commons No. Z) Residential - Multi family ’General Office Medical Oflioe Restaurant (Indoor) Restaurant (Outdoor) Retail 25 DUs 6,606 S.F. 7,150 S.F. 3,300 S,F. 1,675 S.F. 12,65;4 S.F. Ordinance 9, 1999. (Commons No. 3) 53 DUs 22,609 $,F. 5,420 S.F. 8,200 S.F. 3,3’60 S.F, 32,861 Total 78 DUs 29,215 S.F. 12,570 $.F. 11,500 S.F. 5,035 S.F. 45,5.15 S.F. There was an administrative approval on November 27, 2000 for PGA Commons No. 2 which added one apartment unit while converting 516 square feet of medical office to general office space. Based on this information, we Mve prepared Table 2 which includes, approved land uses versus those included in the traffic study. FROM MTP GR(~ INC WPB FL +1 B61 79~238 P. 3 Sean C. Oonahue, P,E, PeA Commons Time ExtensiOn - Pamels 2 and 3 (Eastern PUD) Maroh 28, 2002 Page 2 of 2 Table Z The Commons Parcels Z and 3 Land Uses - Approved vs. Traffic Study Land Uses Approved Traffic Study .Difference Residential - Multi family General Office Medical Office R~tauram.(Indoor/OutdooO Re~l "/9 DUs 29,./31 $.F. 12,054 $.F. 16,535 $.F. 45,515 $.F. 76 DUs 36,641 S,F.¯5,1~4 S.F. 16,535 $.F. 50,456 $.F. (3 DUs) ¯ 6,910 S.F. (6,910 S.F.) 4,941 S,F,- As shown in the table above, with the exception of the restaurant, amount of land uses included in the traffic study are different to those currently approved for this project. It should be noted that our review was performed for the land uses included in the traffi.e_stedy. Therefore, the Leorresponding development orders m.ay n.e~ to be amended to be consistent with land uses included in_the traffic study. In order to meet the appropriate level of service along PGA Boulevard between Milita~’y Trail and 1-95, the traffic study used traffic diversion due to the linkages roads. Therefore, in order to be consistent with previous approvals, the project should be conditioned to the construction of Kyoto Gardens Drive extension between Air. AIA and Military Trail. ’We find the project in compliance with the City of Palm Beach Gardens Traffic Performance Standards. The following eon~dons are recommended: 1.Provide a southbound left-turn lane along Hickory Drive at the intersection of the driveway with the eastern pare, el. (This lane may already be included in the site plan). 2.No more than 2,210 net new trips (impact beyond 1% 0fth¢ adopted LOS at POA Boulevard between Military Trail and 1-95, where traffic diversions were used) until construction begins for Kyoto Gardens Drive extension between AR. A 1A and Military Trail. Should you have any questions about this project, please give us a can at.(561) 795-0678. ¯ ~a/17/~802 07:aa 5Gla3alGG3 PINI)4ZR ll~OLFTH~a~q PIHDER TROUTHAN CONSULTING, Transportation Planners and Engineers VIA FACSIMILE (561) 266-,1925 Apdl,17, 2002 PAGE 81 2324 South Congreve Avenue, Suite 1H West Palm Beach, eL 33406 (561) 434-1644 Fax 434-1663 www.plndertroutman.com Mr. SeanDonahue, P.E. LBFH, Inc. 3990 SWCorporate Parkway Palm City, FL 34990 Re: The Commons Parcels 2 & 3 - #PTC021.185 Dear Mr, Donahue: The purpose of this letter Is to present the previously approved land uses for the referenced project. These land uses are: 74 36,641 SF 5,144 SF 16,535 SF 50,456 Sf Multi Family Dwelling Units (DUsi General OEIce Medical Office Quality Restaurant Retail The traffic concurrenc~ study dated March 14, 2002 indicated 76 dwelling units (DUs), reduction from 76 DUs to 74 DUs does not change the results of the t~affic analysis, If you have any additional questions, please do not hesitate ro contact this office, Very truly Principal ItdvtP/Idr Joel Channing Marry Minor The Lemur Donahue o~- xsb CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 SUBJECT/AGENDA iTEM Petition MISC-01-24: Time Extension for PGA Commons Parcel 3 PUD Second Reading / Ordinance 24, 2002: a request by Urban Design Studio, agent for Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of a two- year time extension to the build-out date, with a new expiration date of December 31, 2003, for the PGA Commons Parcel 3, Planned Unit Development located on 12.26 acres at the southeast corner of PGA Boulevard and Hickory Drive. The applicant is also requesting to amend one previous development order condition. RECOMMENDATION Staff recommends approval of Ordinance 24, 2002. Reviewed by: Principal Planner~---~ Steven B. Crame~,~ City Attorney Le~onard G. Rubin Development Compliance//~ Bahareh Wo~’, AICP Submitted by: Growth Manag~ Directo[r ,~ ~) ~’, ~. Charles K. Wu, AICP Approved by:/~ City Manager~ Ronald M. Ferris Originating Dept.: Growth Management: Project ~Manager Kara Irwin Senior Planner Advertised: Date: May 2, 2002 Paper: Palm Beach Post _--[~N ot Required ¯ Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: N/A [ ] Approved [ ] App. w! conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 24, 2002 ¯ Ordinance 9, 1999 [ ] None BACKGROUND PGA Commons Parcel 3 PUD wa~ through the adoption of Ordinance approval for the construction of 21 general office, 5,420 square feet of 8,200 square feet of indoor restaura use. On November 1, 1999, the City adrr units, addition of 3,455 square feet medical office to general office. To date, PGA Commons Parcel 3 Pt ¯ 21 Townhomes ¯ 28 Apartments ¯ 36,316 square feet of retail spac~ ¯ 24,669 square feet of general offi ¯ 3,360 square feet of medical offic ¯ 8,200 square feet of inside restau ¯ 3,360 square feet of outdoor rest= TIME EXTENSION The City’s Land Development Re¢, sufficiently comply with seven criteri~ Below in bold is a listing of criteria extension request, as identified in each criterion follows. a= City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-24 approved by City Council on February 11, 1999 9, 1999 (copy attached). The ordinance granted townhomes, 32 apartments, 22,609 square feet of medical office, 32,861 square feet of general retail, nt use and 3,360 square feet of outdoor restaurant inistratively approved a reduction in four apartment of retail ’space and to convert 2,060 square feet of ID is currently approved for the following: ;e space e space rant space ~urant ulations .require that the proposed development in order to be eligible for a time extension. or City Council to use in the evaluation of this time ection 78-61(f)(2)c.2. The applicant’s response The number, type and cost for professionals retained to design the project and secure pdlrmits or approvals. Because of the interrelation between the PGA Commons Parcel 3 PUD and the adjacent ParCel 2 PUD, the costs of professionals used in the design and approval <~f the PUDs have been grouped into one figure. S=nce the ongmal appr<~val for Parcels 2 and 3, ten profess=onal firms have¯Ibeen retained at a tot~ll cost of $201,491. It should be noted that these fees did not include an" of the monies used to design and secure approval 2 C= City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-24 for the original PUD. This continued expenditure exhibits a good faith effort in the development of this approved project. The number and type of permits/approvals obtained from the city and other regulatory agencies. Since the PGA Commons Parcel 3 PUD approval on February 11, 1999, the approved plans have been modified five times. The City Council, on October 7, 1999, adopted Resolution 102, 1999 which approved the Signage and Lighting for PGA Commons Parcel 3. On November 1, 1999, the City administratively approved a reduction in four apartment units and modifications to the final square footage for the commercial portion of the PGA Commons Parcel 3 PUD. On May 17, 2001, City staff administratively approved modifications for screen enclosure setbacks for the townhouse units. On July 26, 2001, the City administratively approved an amendment to the site plan and specific building elevations. On August 22, 2001, the City also administratively approved modifications to the project’s landscape plan. As the first Mixed Use project within the City, the subsequent approvals to the development plans reflect the refinement of this new development type within the City. The applicant has received permits for the subject site from the South Florida Water Management District, Florida Department of Health, Florida Department of Transportation, and a pending approval with Seacoast Utility Authority. Permit applications for two buildings within Parcel 3 have been submitted and are being reviewed by the City’s Building Division. The level of activities with regards to securing approvals and permits indicate the good faith effort in constructing and completing this project by the developer. The number and timeliness of plats recorded and/or phases completed, if applicable. Work has continued, as outlined above, on refining the development project and securing the necessary utility and governmental agreements and approvals. This work has been in preparation for the filing and recording of the plat for PGA Commons Parcel 3. A considerable amount of work has been accomplished since the original approval in order to 3 City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-24 prepare a complete plat for the property, which is ready for final approval. The level of activities with regards to providing utility and governmental easements and securing agreements with local governmental agencies indicate a good faith effort has been exuded for the progress of this project. The completion and/or progress of the site improvements and the expenditure incurred or the establishment of surety thereof. As detailed above, the applicant has proceeded in good faith in the development of this project through the expenditure of hundreds of thousands of dollars, the submittal and approval by the City of several plan revisions and the continuing work with local utilities and government agencies to secure the necessary permits and agreements, and provide easements needed prior to the commencement of construction. The applicant is prepared to proceed with construction as soon as permitted by the City. e. Granting of right-of-way or other public dedications. Within Ordinance 9, 1999 (attached), which approved the PGA Commons Parcel 3 PUD, the applicant agreed, through Condition #3, to provide the City with a 20-foot access easement for the maintenance of the City canal along the southern perimeter of the site. This will be provided through the plat for Parcel 3. As part of the PUD approval, the applicant also agreed to make improvements to the City canal and to maintain landscaping within the adjacent public road rights-of-way and the City canal. No right- of-way dedication was required for this project. As stated above, the applicant is continuing to work with all utility providers to locate and provide the necessary easements for the project. This continuing work on this project indicates the good faith efforts in progressing with this development. f.The marketing efforts to date and the results thereof. As discussed during the City development approval process for PGA Commons Parcels 1, 2 and 3, the focus of the marketing efforts of the project was initially centered on Parcel 1. PGA Commons Parcel 1 is now open and the marketing efforts are now focused on Parcels 2 and 3. Since 4 City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-24 the original approval for Parcel 2 and 3, approximately $7,500 has been spent on market research for the two parcels. Marketing for Parcel 3 continues and several quality tenants have expressed considerable interest in the project. In fact, two leases have been signed for Parcel 3. The continuing marketing efforts and the expenditure of marketing funds indicates the applicant’s good faith efforts in the progress of the project. g. Financing and economic conditions. As recently reported in the Wall Street Journal, the country has been in a recession since March 2001. In addition, the aftermath of the September 11th attacks has adversely impacted the economy, in particular, the retail sector of the economy. This downturn in the economy has resulted in a temporary slowdown in response to the project’s marketing efforts. Despite the economic conditions, the applicant has made good faith efforts in marketing the project and progressing with the development of the project. Staff has determined that the applicant meets the criteria found in the code. In addition, the traffic impact analysis for PGA Commons Parcels 2 and 3 has been updated and reviewed. With respect to Parcel 3, a southbound left turn lane into the project along Hickory Drive was recommended. Although this improvement was already contemplated and shown on the project’s approved site plan, Staff is recommending a condition of approval with regards to this improvement. The City’s Traffic Engineer has determined that once the development of Parcels 2 and 3 creates 2,210 net new trips, there will be a need for the construction of the Kyoto Gardens Drive extension between Alternate A1A and Military Trail. The applicant can be alleviated of this condition by performing traffic counts along PGA Boulevard between Military Trail and Interstate Highway 95, that demonstrate that there is enough capacity to complete the remainder of the project or a portion thereof. A condition of approval stating these options is included in the development order. Since the date of the original approval for PGA Commons Parcel 3, all subsequent petitions have incorporated the trips approved for this project into their review. AMENDING CONDITION #20 IN ORDINANCE 91 1999 Ordinance 9, 1999, which approved PGA Commons Parcel 3 Planned Unit Development, included condition of approval #20 that states, "Prior to the issuance of the first building permit for vertical construction, all infrastructure shall be complete and 5 City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-01-24 acceptable to the City." To allow more flexibility in developing the site, the City Engineer has agreed to amend the condition to read: a) b) Prior to the issuance of the first buildinq permit, the applicant shall submit a Phased Construction Plan that is acceptable to the City. The Phased Construction Plan shall show in what order the developer plans to construct both the residential and commercial buildinqs of the project, including all required infrastructure. The City and the applicant shall work together to develop said plan to provide an orderly construction schedule that meets all of the requirements of the City’s Land Development Regulations. Prior to the issuance of the first Certificate of Occupancy for the residential portion of this project, all infrastructures supporting the residential portion of the project shall be substantially complete and accepted by the City. Substantially complete shall be defined as a complete and operable drainaqe system and completion of required utilities. (City Engineer, Planning & Zoning) STAFF RECOMMENDATION Staff recommends approval of the two-year time extension to the build-out date for the proposed PGA Commons Parcel 3 Planned Unit Development, which will now expire on December 31, 2003, with the condition listed in the ordinance. Staff also recommends approval of the proposed language change to Condition #20 in Ordinance 9, 1999. CITY COUNCIL On May 2, 2002, the City Council approved Ordinance 24, 2002, on First Reading. 6 Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 ORDINANCE 24, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE EXTENSION OF THE BUILD OUT DATE FOR CONCURRENCY CERTIFICATION FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND HICKORY DRIVE, KNOWN AS "PGA COMMONS PARCEL 3" PLANNED UNIT DEVELOPMENT; AMENDING ORDINANCE 9,1999 TO REVISE A CONDITION OF APPROVAL AND ADD NEW CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of an extension to the approved build-out date for the "PGA Commons Parcel 3" Planned Unit Development; and WHEREAS, § 78-72(b) requires that applicants for development approval receive concurrency certification from the City of Palm Beach Garden’s Growth Management Department prior to Development Order approval; and WHEREAS, § 78-77(b) provides an allowance of a time extension whereby City Council may approve the time extension according to the conditions of § 78-77(b)(1-7); and WHEREAS, the City Council has determined that the developer has proceeded in good-faith with efforts to progress the review and approval of the development; and WHEREAS, the applicant has requested an amendment to a condition of the initial development order relating to the completion of infrastructure. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves the time extension for the build-out date for the PGA Commons Parcel 3 Planned Unit Development to December 31,2003, as referenced in the traffic analysis prepared by Pinder Troutman Consulting, Inc., dated March 14, 2002. Ordinance 24, 2002 Meeting Date: May 30, 2002 Section 2. The City Council hereby amends Ordinance 9, 1999 to add the following conditions of approval, which shall be binding on the applicant, its successors and assigns: 30. 31. Prior to the issuance of a Certificate of Occupancy for the buildings located within construction phase 2 (as approved by the City Engineer) of the project (i.e. buildings 3-1, 3-2, 3-3, 3-4, 3-5, or 3-6), a southbound left-turn lane shall be provided along Hickory Drive at the intersection of the driveway with the eastern parcel. (City Engineer) No more building permits shall be issued for development that generates more than 2,210 daily external trips (between parcels 2 and 3) until either: a) construction begins (as determined by the Growth Management Staff) Kyoto Gardens Drive extension between Alternate A1A and Military Trail, or b) a traffic study shows there is enough capacity along PGA Boulevard between Military Trail and Interstate Highway 95 to complete the remainder of the project or a portion thereof. The traffic study shall be performed using the following methodology: Existing traffic on PGA Boulevard between Military Trail and Interstate Highway 95, plus background traffic, plus traffic associated with projects which have obtained building permits and are expected to be occupied at the buildout of The Commons, plus traffic associated with The Commons do not exceed the adopted service volume for this segment of PGA Boulevard. This study shall be performed within one year or less of buildout date of The Commons. (City Engineer) Section 3. The City Council hereby amends condition 20 as set forth in Ordinance 9, 1999, to read as follows (added words underlined, and removed words ~f~, ,~,I~ ~,, ~÷~. 20. a) Prior to the issuance of the first buildinq permit, the applicant shall submit a Phased Construction Plan that is acceptable to the City. The Phased Construction Plan shall show in what order the developer plans to construct both the residential and commercial buildinqs of the proiect, includin.q all required infrastructure. The City and the applicant shall work to.qether to develop said plan to provide an orderly construction schedule that meets all of the requirements of the City’s Land Development Re.qulations. 2 Ordinance 24, 2002 Meeting Date: May 30, 2002 b)Prior to the issuance of the first Certificate of Occupancy for the residential portion of this project, all infrastructures supportin.q the residential portion of the project shall be substantially complete and accepted by the City. Substantially complete shall be defined as a complete and operable draina.qe system and completion of required utilities. (City Engineer, Planning & Zoning) Section 4. All other provisions of Ordinance 9, 1999 remain in full force and effect, to the extent not modified herein. Section 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance a,re hereby repealed to the extent of such conflict. 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. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2 nd DAY OF MAY 2002. PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 2002. 2002. MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK VICE MAYOR CARL SABATELLO COUNCILMAN JOSEPH R. RUSSO COUNCILWOMAN ANNIE DELGADO 3 Ordinance 24, 2002 Meeting Date: May 30, 2002 ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGALDO COUNCILMAN RUSSO AYE NAY ABSENT 1/13/99 1/19/99 1/20/99 1/26/99 2/2/99 2/5/99 2/11/99 ORDINANCE 9, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF CHANNING CORPORATION XXX FOR REZONING OF 12.266 ACRES LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, EAST OF ITS INTERSECTION WITH HICKORY DRIVE, IN ORDER TO CONSTRUCT 21 TOWNHOMES, 22,609 SQUARE FEET OF GENERAL OFFICE, 5,420 SQUARE FEET OF MEDICAL OFFICE, 32,861 SQUARE FEET OF GENERAL RETAIL, 8,200 SQUARE FEET OF INDOOR RESTAURANT, AND 3,360 SQUARE FEET OF OUTDOOR RESTAURANT USE WITH 32 APARTMENTS LOCATED ABOVE THE COMMERCIAL USES; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation XXX for rezoning 12.266 acres of land located on the south side of PGA Boulevard, east of its intersection with Hickory Drive more particularly described in Exhibit A attached hereto, to a Mixed Use Planned Unit Development; WHEREAS, the subject parcel is presemly zoned Residential Medium (RM) with the northerly 9.6 acres of land involved having a land use designation of Mixed Use (MXD) and the southern 2.67 acres having the land use designation of Residential Medium (RM); WHEREAS, the City’s Growth Management Department has recommended approval of "The Commons Parcel 3"; and WHEREAS, the City’s Growth Management Department has reviewed said application and determined that it 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 I. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Channing Corporation XXX for a mixed-use PUD of 12.266 acres located on the south side of PGA Boulevard, east of its intersection with Hickory Drive, more particularly described in Exhibit A attached hereto; from Residential Medium Zoning to Mixed Use Planned Unit Development, in order to construct 21 townhomcs, 32 apartments above retail, 22,609 square feet of general office, 5,420 square: feet of medical office, 32,861 square feet general retail, 8,200 square feet of indoor restaurant use and 3,360 square feet of outdoor restaurant use to be known as "The Commons Pared 3." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: The following shall be the only uses permitted within the Planned Unit Development: as permitted uses, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries, day care self-sevice laundry facilities); apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, gallery and supplies; commercial photography studio; earnera andphotographic supplies; tailor; travel agency; costume/tuxedo rental; locksmith; fitness studio (not to exceed 3,500 square feet); bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City Performance Standards); pet shop including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shops. (Planning & Zoning) Outdoor display areas may be administratively approved by staff based on the following criteria: A) B) C) D) E) F) O) Outdoor display areas shall be restricted to the following uses: florist, food market and arts & crafts specialty. Outdoor display areas shall be located directly adjacent to its accompanying place of business. Outdoor display areas shall not extend more than four (4) feet from the subject business outside wall and shall at no time exceed 40 square feet in size. The outdoor display area shall not impede pedestrian access. The outdoor display area shall not extend into the 55-foot PGA Boulevard Corridor overlay. Outdoor display areas shall not exceed six (6) feet in height. Exceptions for outdoor display may be made for special events as approved by the City. The applicant shall provide a 20-foot access easement, in a form acceptable to the City, for maintenance of the canal adjacent to the subject property. (Planning & Zoning, Code Enforcement, Legal) Prior to construction plan approval, the applicant shall provide on the construction plans one access point out of the canal area. (Building/Public Works) At no time shall the ground cover along the bank of the canal exceed three feet in height. (Public Works) The applicant, his successors and/or assigns shall maintain the landscaping within the canal easement south of this site from Hickory Drive east to a line perpendicular to their eastern terminus. (Public Works) Prior to adoption of the Property Owner Association documents, the applicant shall submit these documents, whieh shall be subject to review and approval by the City. (Legal) Townhouses shall have driveway, curbside pick-up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick-up no earlier than 6 a.m. and wheeled back into the buildings for storage after pick-up. Trash from cafes, restaurants and other food-serving establishments shall be bagged and Contained in air-conditioned rooms within the buildings. (Code Enforcement) The restaurant kitchens and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards", Subsections (B) entitled "Odor" and (F) entitiled, "Smoke", the City’s Land Development Regulations. (Code Enforcement) 10.The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 11.Prior to construction plan approval, the applicant shall provide additional preventative measures subject to the City Engineer’s approval to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. (City Engineer) 12.Prior to construction plan approval, the applicant shall submit to the City for review and approval, samples of the contrasting paver colors to be used for handicap diagonal striping within the 5-foot access aisle and handicap pavement symbols. (City Engineer) 13.Prior to construction plan approval, two additional stop signs and stop bars shall be added in the vicinity of building 3-5.A.2, to slow vehicular traffic through the east-west drive aisle. (City Engineer) 14.Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 15. 16. 17. 18. 19. 20. 21. 22. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. (City Engineer) Prior to the issuance of the first building permit, the applicant shall duly record in the public record a covenant, which shall be subject to City review. Said covenant sahll bind the subject parcel to the specifications of this Development Order at the time of adoption for a period of twenty years. The applicant may utilize existing material and grade the canal right-of-way per the proposed cross-sections. However, under no circumstances shall the contractor utilize the excess fill from the canal right-of-way to improve the Commons site. The applicant acknowledges the Public Works Department shall then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross-sections at the water’s edge. (Public Works, Growth Management) The building phasing program shall be the following: prior to the issuance of the first Certificate of Occupancy for mixed-use buildings, a building permit shall be issued for the first townhouse building and/or sales model; the townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed-use buildings. (Building) Prior to the issuance of the first building permit, the applicant shall provide a letter from the MaeArthur Foundation approving the utilization of 31,800 square feet of recreation credits for Parcel 3 from the Foundation credit pool. (Building) Prior to the issuance of the first building permit for vertical construction, all infrastructure shall be complete and acceptable to the City. (City Engineer, Planning & Zoning) The applicant, his successors and/or assigns shall maintain the landscaping within the road shoulder and medians west of this site, within Hickory Drive from the intersection of PGA Boulevard south to the canal at their southern terminus. (Code Enforcement) The applicant, his successors and/or assigns shall pay to the City, one-half (1/2) of the total cost of maintenance of 850 linear feet of landscaping located within the median of Pt3A Boulevard commencing from the intersection of Hickory Drive and PGA Boulevard to the eastern terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant and his successors and/or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, his successors and/or assigns. (City Forester, Finance) 23. 24. 25. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed-use buildings including garage areas shall be included on the construction plans. (Building) Any conversions of uses involving more than five (5) percent of the total approved commercial/retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for the City’s review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City’s Mainte.nanee Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 26.The applicant shall not maintain, alter or impact in any way the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall use best efforts to assist the City in monitoring the reclaimed water irrigation system, per State regulations. (Planning & Zoning) 27.The applicant, his successors and/or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separate agreement between the City and the applicant. (Planning & Zoning, Finance) 28.In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway/roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, its successors and assigns. (Planning & Zoning) 29.All canal cross-section construction shall be completed during the first phase of infrastructure construction. No certificate of occupancy shall be issued until the canal cross-section construction (reconstruction) is completed and accepted by the City. SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 2. 3. 4. 5. September 1, 1998 Overall Site Plan by Oliver Glidden & Partners, 1 Sheet. October 25, 1998 Site Plan by Oliver Glidden & Partners, Sheets SP-3W, SPD-3W,. January 11, 1999 Site Plan by Oliver Glidden & Partners, Sheets SP-3E, SPD-3E September 28, 1998 Floor Plans by Oliver Glidden & Partners, Sheets A-l, A-2, A-2.1. August 28, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheet A-3.4. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. September 28, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets, A-4, A-5, A-6. October 25, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets A-3.1, A-3.2, A-3.3. September 28, 1998 Townhouse Floor Plans and Elevations by Oliver Glidden & Partners, Sheets A-7, A-8, A-10. December 23, 1998 Parking Paver Pattern @ Wheel Stop by Oliver Glidden & Partners, Sheets SP1, SP2, SP3W. SP3E. October 25, 1998 Color Selections by Oliver Glidden & Partners, Sheet C-1. December 7, 1998 Landscape Plan by Environment Design Group, Sheets L1 - L3, L6, L9. January 15, 1999 Landscape Plan by Environment Design Group, Sheets L4, L5. September 29, 1998 Planting Details & Specifications by.Environment Design Group, Sheet L 10. September 1, 1998 Rights of Way & Access Easements, Oliver Glidden & Partners, Sheet AE- 1. November 16, 1998 Canal Cross-Sections Parcel 3, Keshavarz & Associates, Sheets 1-4. February 9, 1999 Lighting Fixture Schedule & Cut Sheets, Beacon Products, Inc., Sheets 1-3. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 st DAY OF January.,1999. PLACED ON SECOND READING THIS 1 lth DAY OF February ,1999. PASSED AND ADOPTED THIS ///-r’I~AY OF ~7~.~~g~/z~ ,1999. "COUNCILMAN DAVIDCLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT 7 (Attach if insuffit:icnt spaco) A PARCEL OF LAND SITUATE IN SECTION(S) 11 AND 12, TOWNSHIP SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST QUARTER (NW 1/4) SAID SECTION 12, LYING NORTHERLY OF THE SOUTH LIllE OF THE "NOT INCLUDED" PARCEL SHOWN ON PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED IN PLAT BOOK 27, AT PAGE 207, PUBLIC RECORDS OF PALM BEACH COUNTY AND LYING WESTERLY OF THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3615, AT PAGE 1717, PUBLIC RECORDS OF PALM BEACH COUNTY. LESS AND EXCEPTING THEREFORE THE RIGHT OF WAY OF P.G.A. BOULEVARD. THAT PART OF THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 11 LYING EASTERLY O F THAT CERTAIN RIGHT OF WAY FOR HICKORY DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, THENCE SOUTH 00 ° 39’ 17" WEST, ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00 ° 39’17" WEST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 1,065.29 FEET; THENCE NORTH 89 ° 19’ 53" WEST, A DISTANCE OF 125.30 FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH 00 ° 39’17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287A6 FEET; THENCE NORTH 39 ° 34’ 32" WEST, A DISTANCE OF 399.50 FEET; THENCE SOUTH 79 ° 11’ 52" WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH 00 ° 45’ 28" EAST, A DISTANCE OF 534.40 FEET TO SAID SOUTH RI’GHT OF WAY LINE OF P.G.A. BOULEVARD; THENCE SOUTH 89 ° 14’ 32" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 722.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THEREFROM THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3547, AT PAGE 1, PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING IN ALL, 12.266 ACRES, MORE OR LESS. )NSULTING CIVIL ENGINEERS, SUKVEYOKS & MAPPERS CML AGRICULTURAL WATER RESOURCES ’ATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Coq~orate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www,lb fh,corn TO: FROM: DATE: FILE NO. MEMORANDUM John Lindgren, A.I.C.P. Sean C. Donahue, P.E. ~b April 17, 2002 99-4067 SUBJECT: PGA Commons Nos. 2 & 3 The City’s traffic consultant, MTP Group, Inc., has completed their review of the Traffic Impact Analysis associated with the Time extension request for the referenced project prepared by Pinder Troutman Consulting, Inc. dated March 14, 2002. We have also reviewed an addendum to this analysis that accounts for the errors in the approved land uses for these projects as stated in the Traffic Impact Analysis. According to the MTP Group, Inc., this project complies with the City of Palm Beach Gardens Traffic Performance Standards, subject to conditions. A copy of MTP Group’s memorandum containing the recommended conditions of approval is attached. Also attached is a copy of the addendum to the Traffic Impact Analysis. If you have any questions or require additional information, please do not hesitate to contact me at (561) 219-2828: SCD/ cc;Talal Benothman, A.I.C.P. Maria Tejera, P.E.-MTP Group, Inc. P:WROJECTSWB GMEMOk4067k4067zk To: Date: MTP Group, Inc. f2798 Fo~eer Hill Boulewrd, $uHe 303 We~r l~lm Beech’, FL 33414 Phone: (,6611 795-0678 Te/efex: {,~#I/ 795-0230 MEMORANDUM. Sean C. Donahue, P.E. LBPH Maria M. Tcjera, P.E. March 28, 2002 POA Commons Time Extension - Parcels 2 and 3 (Eastern PUD) "Per your request, we have reviewed a Concurrency Traffic Impact Analysis prepared by Pinder Troutman Consulting, Inc. and dated March 14, 2002. The analysis was prepared to justify a buildout extension to the year 2003. We did not receive a copy of the site plan with the traffic study. However, we reviewed Ordinances 8, 1999 and 9, 1999 to determine land uses originally approved for this development. The information is summarized in Table 1. Table 1 T~leI Commons Parcels 2 and 3 Land Uses Land Uses Residential - Multi family ’General Office Medical Offio¢ l~staursat (Indoor) Restaucant (Outdoor) Retail Ordinance 8, 1999 ’(Commons No. Z) 25 DUs 6,606 $.F. 7,150 S.F. 3,300 S.F. 1,675 S.F. 12,654 S,F, Ordinance 9, 1999. (Commons No. 3) 53 DUs 22,609 $.F. 5,420 S,F. 8,200 S.F. 3,3’60 S,F, 32,861 S.F, Total 78 DUs 29,215 S.F. 12,570 $.F. 11,500 S.F. 5,035 S.F. 45,5.15 S.F, There was an administrative approval on November 27, 2000 for PGA Commons No. 2 which added one apartment unit while converting 516 square feet of medical office to general office space. Based on this information, we luive prepared Table 2 which includes, approved land uses versus those included in the traffic study, ~,-28-2e2 3 ". 1~3PM FROM MTP ! NC WPB FL + 1 E~ 1 79~la231a P. 3 Sean C. Donahue, P.E, PGA Commons Time Extensldn - Parcels 2 and S (Eeslem PUD) ldaroh 2~, 2002 Page 2 ~f 2 Table 2 The Commons Parcels 2 and 3 Land Uses - Approved vs. Traffic Study L4md Uses Approved Traffic Study Difference ResidentiaJ - Multi.f~mJly ’: General Office Medical Office Rest~ur~t.([ndoodOutdoor) R.ota~l 79 DUs 29,731 12,0~4 16,$35 $.F. 45,515 S.F, 76DUs 36,641S.F.¯5,144S.F. 16,535 S.F. 50,456 $.F. (3 DUs) ¯ 6,910 8,F. (6,9t0 S,F.) 4,94l As shown in the table above, with the exception of the restaurant, amount of land uses included in the traffic study are different to those currently approved for this project. It should be noted th_at our review was p~fformcd for the land uses included in the tra_ffi. ¢ study. Therefore, the corresponding develgpment orders m_a~need to be amended to be consistent wi~h land use~ includedjn_ the. l~taffic study. In order to meet the appropriate level of service along PGA Boulevard between Military Trail and 1-95, the traffic study used traffic diversion due to the linkages roads. Therefore, in order to be consistent with previous approvals, the project should be conditioned to the conjtruction of Kyoto Gardens Drive extertffon between Air. AIA and Military Trail. ’We find the project in compliance with the City of Palm Beach Gardens Traffic Performance Standards. The following condj.6on$ are recommended: o Provide a southbound left-turn lane along Hickory Drive at the intersection of the driveway with the eastern parcel. (This lane may already be included in the site No more than 2,210 net new trips (impact beyond 1% o.f the adopted LOS at POA Boulevard between Military Trail and 1-95, where traffic diversions were used) until construction begins for Kyoto Gardens Drive extension between Air. A I A and Military Trail. Should you have any questions about this project, please give us a call at.(561) 795-0678. C:V~p~G’tPGAComrnor~TkneExl~lo~,Per~-’els2&3.Ma rno 1 .W~ PINDER TROUTI~N ItlDER TKOUTMAN CONSULTING, Transportation Planners and Engineers III I VIA FACSIMILE (561) 286-3g’~5 Apdl,17, 2002 PAGE 01 _ I I III 2324 South Conl~ Avenue, SuRe We~ Palm Beach, FL 33406 (561) 434-1644 F~ 434-1663 www, plndertroutman.eom Mr. Sean Donahue, P.E. LBFH, Inc. 3990 SW Corporate Parkway Palm City, FL 34990 Re: The Commons Parcels 2 & 3 - #PTC021.185 Dear Mr, Donahue: The purpose of this letter is to present the previously approved land uses for the referenced project. These land uses are: 74 36,641SF 5,144SF 16,535 SF 50,456 SF Multi Family Dwelling Units (DUsi General Office Medical Office Quality Restaurant Retail The traffic cor~currency study dated March 14, 2002 indicated 76 dwelling units (DUs). reduction from 76 DUs to 74 DUs does not change the results of the Ixaffic analysis, If you have any a,dditional questions, please do not hesitate to contact ~is office. The CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared" April 23, 2002 Meeting Date: May 30, 2002 Subject/Agenda Item: Consideration of Ordinance 18, 2002, authorizing the temporary, interim or partial closure of streets and other public rights-of-way when such temporary closure serves a proper public purpose (Public Hearing). Recommendation: Approval of Ordinance 18, 2002 on second and final reading. Reviewed by: City Attorney~ Public Works City Engineer Approved by: City~ Originating Dept: City Attorney Advertised: Date: Paper: [ ] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: I ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memo Ordinance 18, 2002 M E M O R A N D U M WA-FI-ERSON, HYLAND & KLEIT, PIA. To: From: Subject: Date: Hon. Mayor and City Council Leonard G. Rubin, City Attorney Ordinance 18, 2002 April 5, 2002 Ron Ferris, City Manager This is a request for approval of Ordinance 18, 2002, which authorizes the temporary and partial closure of streets and other public rights-of-way when such temporary closure serves a proper public purpose. As currently drafted, the City Code of Ordinances prohibits any person, including the City itself, from blocking offor fencing any publicly dedicated street, sidewalk or alley within the City. There may be certain circumstances, however, where blocking off or partially blocking a public street or sidewalk serves a proper public purpose. The adoption of this ordinance would allow the City Council to authorize the closure of public streets for special events, such as fairs or festivals. The adoption of this ordinance is also necessary to effectuate the proposed Interlocal Agreement with the Palm Beach County School District for the construction of the new baseball field on Lilac Street. That project can only move forward if Lilac Street is blocked off during school hours and school sponsored events to ensure the uninterrupted ingress and egress by students, faculty and guests. The School District is prohibited by law from constructing this facility if the students must navigate traffic and cross a public right-of-way. It is anticipated that the School District would fund a fence to be placed across the roadway during the designated hours to restrict traffic flow, while atthe same time allowing access by emergency vehicles. Hon. Mayor and City Council April 5, 2002 Page 2 The adoption of the subject ordinance obviates the need to formally abandon that portion of Lilac Street connecting the public properties. Pursuant to the express terms of the resolution, the City Council will need to approve the temporary, interim or partial closure of public streets by resolution and must affirmatively find that such closure serves a proper public purpose. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\HISTORY~020312A\446.98(319.055)152 CITY OF PALM BEACH GARDENS ORDINANCE NO. 18, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING SECTION 62-2, "OBSTRUCTIONS PROHIBITED," OF ARTICLE I, "IN GENERAL," OF CHAPTER 62, "STREETS, SIDEWALKS AND CERTAIN OTHER PUBLIC PLACES," OF THE CITY CODE OF ORDINANCES TO AUTHORIZE TEMPORARY, INTERIM OR PARTIAL CLOSURE OF PUBLICLY DEDICATED STREETS AND RIGHTS-OF-WAY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 62-2 of the City Code of Ordinances prohibits any person from obstructing a publicly dedicated street, sidewalk or alley within the City; and WHEREAS, the City desires to amend section 62-2 to authorize temporary, interim or partial closure of such public rights-of-way when such temporary closure serves a proper public purpose; and WHEREAS, the City Council hereby determines that the adoption of this ordinance 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 amends section 62-2, "Obstructions prohibited" of Article I, "In General," of Chapter 62, "Streets, Sidewalks and Certain Other Public Places," of the City’s Code of Ordinances to read as follows: Sec. 62-2. Obstructions prohibited. No person shall block off, fence, or in any way appropriate to his, her or its own use, or attempt so to do, any publicly dedicated street, sidewalk, right of way, or.alley within the city, provided, however, the city council may, by resolution, approve the temporary, interim or partial closure of a publicly dedicated street, sidewalk, right of way or alley if the council finds that such closure serves a proper public purpose. 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 4: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS //,~ DAYOF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF ,2002. ,2002. ,2002. SIGNED: MAYOR JABLIN COUNCILMAN CLARK VICE MAYOR SABATELLO COUNCILMAN RUSSO ATTESTED BY: COUNCILWOMAN DELGADO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY -2- VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO P:\CPWin\HISTORY~020220A~43F.F3(319.062)Igr-doc243 -3- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Meeting Date: 05/13/02 05/30/02 Subject/Agenda Item Ordinance 22, 2002, Providin 9 for Amendments to the Fiscal Year 2001-2002 Budget. Recommendation/Motion: Consider a motion to approve Ordinance 22,. 2002 on second reading. Reviewed by/~~ City Atto rn ey~.,~(~ Finance ACM Other Submitted by: /~ Allan Owens ./ I/ Finance Director Approved by: City Manager Originating Dept.: Finance Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $_0 (Total) $o Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum [ ] None w/ BACKGROUND: This proposed budget ordinance amends the budget in four funds: General Fund, Recreation Impact Fee Fund, Gas Tax Fund, and Bums Road Capital Project. The General Fund amendments adjust revenues in line with mid-year estimates. However, it should be noted that a projected surplus in Communication Service Taxes offsets projected shortfalls in Investment Income, Sales Taxes, and Court Fines; with no effect on the overall General Fund projected revenues. In addition, the Northlake Boulevard Task Force reimbursement from Palm Beach County, the lease agreement with Nextel, and an EMS grant for a temporary Public Education Specialist are also being properly reflected in the budget. Also reflected is the transfer from the Bums Road Capital Project Fund for the appraised value of the Westminster property, which will be used for improvements to the park. The Recreation Impact Fee Fund amendment reappropriates the fund balance from fiscal year 2001 required to complete the construction of the Parks Administration building and the Skate Park. It also reflects a FRDAP grant related to the Skate Park, which has recently been submitted for reimbursement. The Gas Tax Fund amendment appropriates the fund balance from fiscal year 2001 required to construct Howell Lane improvements, along with the anticipated contribution from Palm Beach County. The Bums Road Capital Project Fund amendment reappropriates the fund balance from fiscal year 2001, reflects the grants that have been awarded for the project, and establishes a budget for its completion. 0000~00 0000~00 0000~0 o~~ooo 0000~00 0000~0 CCC~ (!.) 0 O) 0 OID) ~ 0 O0 0 0 0 0 0 0 0 0 0 or~ 0 0 0 0 0 00 00 0 ~ 0 (~ 000 (D 0 0 0 0 (D > 0 ZLU 000~ 000~0 000~ I I 0 0 0 ORDINANCE 22, 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--,d’°’~DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 2002. ,2002. ,2002. ORDINANCE 22, 2002 PAGE 2 OF 2 MAYOR COUNCIL MEMBER VICE MAYOR COUNCIL MEMBER COUNCIL MEMBER ATTEST:APPROVED AS TO LEGAL FORM AND SUFFICIENCY: BY: CAROL,o,_,~,’-"~" ~" MMC; CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR VICE MAYOR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 General Fund Account # Revenues Description Action Amount Revised Budget 001-0000-314.2000 001-0000-335.1800 001-0000-351.1000 001-0000-361.0000 001-0000-369.4005 001-0000-369.4015 001-0000-334.9030 001-0000-383.0000 Communications Service Tax Half-cent Sales Tax Court Fines Interest Revenue Northlake Task Force Reimbursement Miscellaneous Revenue - Nextel Tower EMS Grant Revenue Transfer From Burns Road Fund Increase Decrease Decrease Decrease Increase Increase Increase Increase $335,000 (75,000) (25,o0o) (235,000) 173,821 5,558 22,500 792,000 $ 745,000 2,475,000 275,000 265,000 173,821 5,558 72,500 792,000 Expenditures Account #Description Action 001-1420-515.3150 001-1200-522.4110 001-1200-522.1210 001-2080-519.6300 Professional Services - Other Telephone Expense Salaries Land and Improvements Increase Increase Increase Increase Amount $173,821 5,558 22,5O0 792,000 Revised Budget $211,321 23,758 349,499 792,000 Page 1 of 4 EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 Recreation Impact Fee Fund Revenues Account #Description 003-0000-389.0000 003-0000-334.9020 Appropriated Fund Balance Recreation Grant (FRDAP) Action Amount Increase $ 391,696 Increase 150,000 Revised Budget $391,696 150,000 Account # 003-2000-572.6300 003-2000-572.6300 Capital Outlay Capital Outlay Expenditures Description Action Amount Increase $ 275,000 Increase 266,696 Revised Budget $275,000 541,696 Page 2 of 4 EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 Gas Tax Fund Revenues Account # 016-0000-369.4000 016-0000-389.0000 Description PBC Reimbursement - Howell Lane Appropriated Fund Balance Action Amount Increase $ 42,538 Increase 42,538 Revised Budget $42,538 42,538 Expenditures Account #Description 016-3000-539.5265 Road Improvements Action Amount Increase $ 85,076 Revised Budget $ 85,076 Page 3 of 4 EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 Burns Road Fund Revenues Account #Description 026-0000-334.4900 026-0000-334.9050 026-0000-369.4010 026-0000-361.0000 026-0000-389.0000 FDOT Grant County Incentive Grant Seacoast Utility Reimbursement Interest Income Appropriated Fund Balance Action Increase Increase Increase Increase Increase Amount $ 3,880,000 1,341,000 340,000 67,495 5,724,206 Revised Budget $ 3,880,000 1,341,000 340,000 67,495 5,724,206 Account # Expenditures Description Action Amount Revised Bud~let 026-0900-519-3150 026-0900-519-3160 026-0900-519-3170 026-0900-519-6300 026-0900-519-7210 026-0900-519-9100 Professional Services - Other Professional Services - Legal Professional Services - Engineering Land & Improvements Debt Service Transfer to General Fund Increase Increase Increase Increase Increase Increase 246,321 59,082 426,480 9,506,975 321,843 792,000 $ 246,321 59,082 426,480 9,506,975 321,843 792,000 Page 4 of 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 30, 2002 ~Date Prepared: April 26, 2002 Subject/Agenda Item" Resolution 175, 2001, adopting a Citywide traffic calming policy for evaluating traffic calming requests for City streets. Recommendation/Motion: Staff recommends approval of Resolution 175, 2001, to establish a policy for evaluating traffic calming requests throughout the City. Reviewed by: City Attorney Finance Other Growth Mgt. Director Approved by~ City Manager Originating Dept.: Planning Division Advertised: N/A Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $ N/A Total $ N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved w~ conditions [ ] Denied [ ] Continued to: Attachments: 1.Resolution 175, 2001 [ ] None BACKGROUND 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 organized by the City to hear citizen concerns about traffic in the area of 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 and maintain traffic calming measures, and the limited financial resources to address these requests. Meeting date: May 30,2002 Date prepared: April 26, 2002 Resolution 175, 2001 to design, install 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 included in the policy to determine if a 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 an initial phase 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 reviewing requests for traffic calming measures. The City staff or the City Council, depending on the magnitude of the request, will make the final determination if a traffic-calming request is warranted and how to fund the installation and maintenance. Informational meetings are to be organized to seek public input regarding proposed traffic calming measures. Some of the recommended traffic calming measures include signs, pavement markings, narrow pavement widths, with medians and landscape islands, and constrictions or pinch points. Grade changes 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. PREVIOUS ACTION The City Council discussed the proposed traffic calming policy at a workshop meeting on April 4, 2002. The City Council recommended three changes to the policy: 1.Require petitions to request traffic calming, as opposed to allowing individual residents to make such requests. 2 Meeting date: May 30,2002 Date prepared: April 26, 2002 Resolution 175, 2001 2.Lower the percent of residents needed to approve grade changes to a street segment. 3.Allow staff approval of proposed traffic calming measures up to a certain dollar threshold. STAFF ANALYSIS The staff has revised proposed Resolution 175, 2001, to address the revisions requested above by the City Council. These revisions are as follows: Section 2 has been revised to require at least 66% of the residents, property owners or business owners along a street segment to sign a petition supporting traffic calming before the City will consider the request. Private petitions may request traffic calming for local streets only. The City Council would need to initiate traffic calming for the larger collector streets. 2.Section 5 has been revised to lower from 80% to 66% the percent of property owners that must approve a grade change to a street segment. Section 3 has been revised to include a dollar threshold of $50,000 between staff approval and City Council approval of a traffic-calming request. Staff may administratively approve private traffic calming requests of $50,000 or less. Requests of more than $50,000 and all City-initiated requests shall be approved by the City Council. STAFF RECOMMENDATION Staff recommends the City Council approve Resolution 175, 2002, adopting a citywide policy for evaluating requests for traffic calming. g :\sc\txt\trafcalmcc031502 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 EVALUATING TRAFFIC CALMING REQUESTS FOR CITY STREETS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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 BYTHE 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 proposals shall be initiated by petition or City Council directive. At least 66 percent of the residents, property owners or business owners along a street segment, as defined herein, must sign a petition in support of traffic calming in order for a traffic-calming request to be considered by the City. The City staff or City Council may also request an evaluation of traffic calming for particular street segments. Private petitions shall be limited to local streets. Only the City Council may direct staff to evaluate traffic calming for collector streets, as defined in the City’s comprehensive plan. 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 Resolution 175, 2001 May 2, 2002 improvements and maintenance, as approved by the City. SECTION 3. Traffic calming requests shall be processed and approved by the Growth Management Department or City Council, depending on the magnitude of the request. Staff may administratively approve private traffic calming requests of $50,000 or less. Requests of more than $50,000 and all City-initiated requests shall be approved by the City Council. Review and recommendations shall be obtained from the following City departments: 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 2 Resolution 175, 2001 May 2, 2002 Pedestrian facilities TOTAL POSSIBLE POINTS 0or5 5 points if there is no sidewalk on at least one side of the street 100 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. The letter will describe if a street segment is a candidate for traffic calming, or 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); o 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, not to exceed two inches in height, if it can be demonstrated that emergency response times are not negatively impacted and if 66 percent of the property owners along that particular street segment supports them. These traffic-calming categories are intended to remain innovative and capable of being adapted to individual situations. All proposed traffic-calming measures shall be designed in accordance with design standards approved by the City. Resolution 175, 2001 May 2, 2002 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; 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 4 Resolution 175, 2001 May 2, 2002 motor vehicle speeds; 3. Driver behavior must be directly affected by the traffic calming measures; and Traffic calming must improve the safety of street users, particularly vulnerable users including children, disabled, elderly, pedestrians and cyclists. 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; and b) be conducive to customers on commercial streets. 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. 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 (i.e., speeding, intrusion, etc.) and on society in general (i.e., energy consumption, Resolution 175, 2001 May 2, 2002 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. 7. Street seqment means the portion of a roadway between two intersecting streets or an entire roadway in a planned residential community. SECTION 11. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 12. 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 13. This resolution shall be effective upon adoption. 6 Resolution 175,2001 May 2, 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 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 30, 2002: Date, Prepared: April 22, 2002 SUBJECT/AGENDA ITEM SP-01-38: Northmil Plaza Bank, Future Development Area #1 Consideration of Approval: a request by Hank Skokowski of Urban Design Studio, agent for Northlake Partners Joint Ventures, Ltd., for a site plan amendment to permit the construction of a 3,600 square-foot bank with a drive through. The proposed bank site is located in the far northwest corner of the Northmil Plaza Shopping Center site, adjacent to Military Trail. The Northmil Plaza Shopping Center is generally located at the northeast corner of Military Trail and Northlake Boulevard (19-42S-42E). Staff is recommending approval of Resolution 64, 2002 with conditions of approval. Reviewed by: Principal Planner Talal Benothm~P City Attorn ey_.~4~,~ Finance NA Human Res. NA Submitted by: Growth Manage/~l"~j11] / Directo(,..,.~i]L~_ Charles K. Wu, AICP Approved by: ~) City Manag~ Ronald M. Ferri’s // Originating Dept.: Growth Management: Project ~Manager Edward To~, AICP Development.,., , Compliance .~/~¢/ Bahareh Wolfs, AICP Advertised: [X] Not Required Affected parties: [ ] Notified [X] 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 IX ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Resolution 64, 2002 ¯ Map 1 : Subject Site and Surrounding Uses ¯ Code Comparison Table ¯Site Plan ¯Landscape Plan ¯Building Elevations and Floor Plans City Council Meeting Date: May 30, 2002 Date Prepared: May 30, 2002 SP-01-38 BACKGROUND The Northmil Plaza Shopping Center was initially approved by the City Council on March 3, 1999, by Resolution 47, 1999. The site plan was approved for a 78,000 square-foot "main-line center" as well as three out-parcels. Out-parcel 1 was approved for up to a 3,600 square foot "financial institution with drive-through." Resolution 153, 2001, which approved a site plan amendment for a restaurant and a retail building on Parcels 2 and 3, increased the square footage of Parcel 1 up to 3,825 square feet. The applicant is proposing a 3,600 square-foot building. LAND USE & ZONING The subject site is zoned General Commercial (CG- 1), and has a future land-use designation of Commercial (C). This is a "straight-zoning" site. The site plan must meet all requirements described in the Land Development Regulations (LDRs) and the goals, objectives and policies of the City’s Comprehensive Plan. Waivers are not permissible. Any deviation from code requirements would require a variance and approval from the Board of Zoning Appeals. The applicant has not requested a variance related to this site. CONCURRENCY This site was initially granted concurrency prior to approval of the Northmil Plaza site plan, approved by Resolution 47, 1999. PROJECT DETAILS Site The .59-acre subject site is located at the northwest corner of the Northmil Plaza site. The Northmil Plaza site is approximately 11.5 acres, which includes the mainline center and the three outparcels. The subject site is bounded by a parking lot to the east, an entrance drive-aisle to the south, Military Trail to the west and two single-family homes to the north that are located within a Low Density Residential (RL-3) zoning district. The subject site is vacant and cleared of vegetation. 2 City Council Meeting Date: May 30, 2002 Date Prepared: May 30, 2002 SP-01-38 Access Access to the subject site is to be obtained through the internal Northmil Plaza parking area only. There is no access proposed directly from Military Trail or the Military Trail access drive. The applicant proposes one 12-foot wide exit-only bypass lane providing egress from the out-parcel. Two nine-foot wide drive-thru lanes are proposed; one shared drive-thru lane for commercial transactions and drive-thru ATM, and one for non-commercial transactions. Buildinq and Architecture The architecture is consistent with the architecture of the "mainline" shopping center that includes the Albertson’s Supermarket. The applicant is proposing colors, banding and roof tiles consistent with those found on the "mainline" center buildings. Parkinq Condition 17 of Resolution 47, 1999 reads: When "future development areas" are developed, the parking calculations shall be based on the criteria as defined in Section 118-476 of the City’s LDRs for each outparcel use individually. The applicant has provided 15 parking spaces for the proposed use, based on the parking requirements for financial institutions (1 space per 250 square feet). One of the 15 parking spaces is located within the mainline center parking area. The overall Northmil Plaza site plan has one surplus parking space. A 12-foot by 35-foot loading space with maneuvering area has been provided on the south side of the out-parcel, as required by code. Drainage Four inlets that connect to the overall drainage system for the Northmil Plaza Shopping Center shall facilitate drainage. A drainage retention pond that has already been constructed is located at the far eastern end of the shopping center. 3 City Council Meeting Date: May 30, 2002 Date Prepared: May 30, 2002 SP-01-38 Landscaping The Land Development Regulations require 114,027 points of landscape on the subject site. The applicant has provided 15,111.9 points. A 15-foot landscape buffer along the western and northern boundaries of the subject site was completed at the time of construction of the "mainline" shopping center. The applicant is proposing additional landscaping within the foundation planting ’area surrounding the proposed building. Also, two existing laurel oaks are proposed to be relocated on site. Staff has reviewed the landscape plans and has no outstanding comments regarding the proposed landscaping on site. Siqna~e ~ No monument signs are to be provided by the applicant. Code does not permit additional monument signage on site. One building sign is permitted to identify the building or principal tenant. The applicant is proposing one building sign on the west elevation, facing Military Trail. Liq_ htin_q Light poles, consistent in style and height with those existing in the constructed "mainline center"i shall provide lighting within the subject site. The LDRs require that no lighting spillover shall occur from commercial property into residential property. The photometric plans submitted indicate a maximum foot candle reading of 0.3 along the northern property line, adjacent to the residential area. The code permits a maximum foot candle spillover of 0.5 into adjacent residential areas. The City Engineer has reviewed the photometric plan and has no concerns with the proposed lighting levels. PLANNING AND ZONING COMMISSION At its April 9, 2002 meeting, the Planning and Zoning Commission reviewed this petition and made a recommendation to the City Council for approval by a vote of 7-0. STAFF RECOMMENDATION Staff recommends approval of this application with the following conditions of approval: Prior to construction plan approval, the fence to the south of out-parcel two shall be moved back 15 feet from the Northlake Boulevard right-of-way. (Planning and Zoning) 4 City Council Meeting Date: May 30, 2002 Date Prepared: May 30, 2002 SP-01-38 Prior to issuance of any building permit, the applicant shall be required to pay 1% of the total cost of construction of NorthMil Plaza, including the out-parcels, to Art-in-Public places fund. (Building Division) 3. Signage stating "one way only" shall be provided on drive-thru facility. (Police Department) 4.All perimeter doors shall be equipped with hinges that utilize non-removable hinge pines. (Police Department) 5.All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate. (Police Department) 6. The rear door shall be equipped with a peephole viewer. (Police Department) 7.Height markers at main exit doors and an alarm system shall be installed. (Police Department) High-resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed above exit doors and teller counters and the drive-thru lanes. (Police Department) 9. Money lever switch shall be installed within teller cash drawers that will activate alarm system in emergency situations. (Police Department) 10.Petitioner shall comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) Last Revised May 1, 2002 RESOLUTION 64, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO THE NORTHMIL PLAZA SITE PLAN TO PROVIDE FOR THE DEVELOPMENT OF "FUTURE DEVELOPMENT OUT-PARCEL ONE", AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN APPROXIMATELY 3,600 SQUARE- FOOT FINANCIAL BUILDING WITH DRIVE-THROUGH; 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 a site plan amendment application (SP-01-38) from Northmil Partners, L.C., for approval of a site plan amendment to provide for the development of "future development out-parcel 1" at the Northmil Plaza Shopping Center, as more particularly described herein, providing for an approximately 3,600 square-foot financial building with drive-through; and WHEREAS, the 11.5 acre "Northmil Plaza" Shopping Center is currently zoned General Commercial (CG-1), with a future land-use of Commercial (C); 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 and Land Development Regulations; and WHEREAS, on April 4, 2002, the Planning and Zoning Commission recommended approval of the site plan amendment application known as Northmil Plaza Out-parcel 1, subject to conditions stated herein. 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 an amendment to the "Northmil Plaza" site plan, as more particularly described in Exhibit "A" attached hereto, to provide for the development of one out-parcel at the Northmil Plaza Shopping Center consisting of an approximately 3,600 square-foot financial building with drive-through. SECTION 2. Said Site Plan Amendment is approved subject to the following Resolution 64, 2002 Date Prepared: April 29, 2002 conditions, which shall be the responsibility of the applicant, its successors or assigns: Prior to construction plan approval, the fence to the south of out- parcel two shall be moved back 15-feet from the Northlake Boulevard right-of-way. (Planning and Zoning) Prior to issuance of any building permit, the applicant shall be required to pay 1% of the total cost of construction of "Future Development Parcel 1", to Art-in-Public Places fund. (Building Division) Prior to issuance of the first Certificate of Occupancy, the following shall be completed: (a)Signage stating "one way only" shall be provided on drive-thru facility. (Police Department) (b)All perimeter doors shall be equipped with hinges that utilize non-removable hinge pines. (Police Department) (c)All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate. (Police Department) (d)The rear door shall be equipped with a peephole viewer. (Police Department) (e)The height markers at main exit doors and an alarm system shall be installed. (Police Department) (f)The high-resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed above exit doors and teller counters and the drive- thru lanes. (Police Department) (g)The money lever switch shall be installed within teller cash drawers that will activate alarm system in emergency situations. (Police Department) (h)The petitioner shall comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) 2 Resolution 64, 2002 Date Prepared: April 29, 2002 SECTION 3. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)April 8, 2002, Site Plan, Urban Design Studio, 1 Sheet (2)April 8, 2002, Bank Site Plan, Urban Design Studio, 1 Sheet (3)April 8, 2002, Landscape Plan and Detail Sheet, Urban Design Studio, 3 Sheets (4)April 8, 2002, Building Plans and Elevations, Ted Davis and Associates, Sheets A-1 through A-3 (5)January 7, 2002 Photometric Plan, Garrison, Frohlich and Associates, Sheet E-1 (6)March 26, 2002 Conceptual Drainage Plan, Kimley-Horn and Associates, Sheet C4 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 DAY OF 2002. MAYOR ERIC JABLIN 3 Resolution 64, 2002 Date Prepared: April 29, 2002 ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORN EY VOTE: MAYOR JABLIN VICE-MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO AYE NAY ABSENT G/shortrange/sp0138res 4 Resolution 64, 2002 Date Prepared: April 29, 2002 EXHIBIT "A" (see next page attached) 5 DEDICATION KNOW ALL MEN B Y THESE PRESENTS that NorthM# Partners, L.C., a Florida limited liability company, i~ensed to do busine,~ in Florida, owner of the land shown hereon being in Section 13,Township 42 South, Rafx2e 42 East, City ot Palm Beach Gardens, Palm Beach County, Flodda, shown hereon as Northmil F~za t:~t, bev)g more part~c, ularly described as follows: DESCRIPTION A parcel o! land being a pofbon of the Southeast Quarter of Sec’bon 13, Township 42 South, Range 42 East, Palm Beaca County, Florida, being more parbcularly described as follows: COMMENCE at the Quarter Section corner on the South line of sakl Section 13; thence North 00" 18’30" East along the West #ne of the sa~d Southeast Quartet" (said West line is a,~sumed to bear North O0° f 8’ 30" East and a~l other bearings are relabve thereto) a distance of 749.24 feet; thenc~ departing said West line, North ~0" 00’ 00" East a distance of.53.00 feet to a point on the existing Easterly Right-of.Way line of Military Tra~l as recorded in Off-,cJal Reco~d Book 2797, Page 1530 Public Records ol Palrn Beach County, Florida, said point "also lying on the Southerly line of Palm Beach Square Unit 4, according to the I~t thereof, recorded in Plat Book 27, Page 15, said PubJ~ Records, said point also being the POINT OF BEGINNING of the hereinafter described parcel of land; thence continue North 90" 00’ 00" East, along said Southerly line, a distance of 758.41 feet to a point on the Westerly line of,said Plat; thence South 00" 19’45" West, along said Westerly kne. a d~stance of 376. 77 feet, thence continue along said Westerly line, South 41" 28’ 52" East e distance of 30.00 feet to a point on the Southerly line of said t:~at and the Westerly extension of the Southerly line of Palm Beact, Square Unit 3. according to the plat thereof, recorded in Plat Book 26, Page 233, .said Public Records; thence cc, ntinue a~ong sag Southerly lines and Westerly extens’.,~on thereof, North 90" 00’ 00" East, a dr,stance of 335.86 feet, thence departing said Southerly lines, South 00" 19’30" West a distance of 174.99 feet; thence South ~0" 00’ 00" West a distance of 355.92 feet; thence South 00" 18’ 30, West a d~stance of 119.00 feet; thence South 90" 00’ 00" West. along a I~ne 6.00 feet Northerly of and parallel with the Northerly Right-of-Way line of Northlake Boulevard as recorded in D~c, ci Book 946, Page 453, sa~ Put~c records, a z~L-~taz~::e of ,~6-1L15.feet; thence North O0° 18’ 30"East a distance of 294.00 feet, thence South ~0° 00’ 00" West, a distance of 287.00 feet to a point on a line lying 10.00 feet Easterly ~l and parcel with said Easterly Right-of-Way line of M~ary Trail; thence North 00" 18’ 30" East, elong sa~d paraS, el J~ne, a distance of 163.92 feet; thence South. gO° 00’ 00" We~ a distance of ~0.00 feet o a point on the ex/st~ng Easterly Right-of-Way line of.said Mgitary Trail; thence North 00" 18’ 30" East, ~,~ong said R~ght-ol.Way line, a di,~tance of 235.32 feet to the F~INT OF BEGINNING. ZONING SUBJECT SITE AND SURROUNDING AREAS NORTHMIL PLAZA BANK Maximum Density for:N/A N/A N/A N/A Minimum Site Area 11.5 acres 1 acre Minimum Site Width 160 feet 100 feet Maximum Lot Coverage 35% Maximum Building Height 36 feet 18.1% Yes Yes Yes Yes 21 feet 8 inches Front Setback Yes 50 feet 70 feet Building Side Setback 55 feet Yes 15 feet Side Setback Facing a Street 40 feet N/A Yes Rear Setback N/a Yes 30 feet ~ Required Parking:14 spaces Yes 1 per 250 = 14 spaces 2 signs YesSigns: I sign for Principal Tenant or Building Name Stacking and Queuing Minimum 100 feet to access point Less than 100 feet from centerline of window to beginning of by-pass lane No None requested Bypass lane Shared drive-through and by-No None Separate by-pass lane pass lane exiting the site requested . 2 I!1 I:. !l( iil Nort ,Mii Plaz, BankPetition#PaIm Site Beach PUD-96-05 Plan Gardens, S13, Florida "I’42, IIIIIIIIIIIIII IIIIIIIIII II IIIIIIIIII i II I ii ieo~I w I I I I !1 t|i [-I Employee I- .~" Parkingr2. Palm Beach Gardens, Flor, da Future Development Area #1 Landscape Plan t II! !i Ii,~l+lli!, Ii li +l I! l! Ii i + ii i!! + |Ill Palm Beach Gardens, Florida Plant Detail.Sheet llli ii!~ I I I II] NORTHMILL.PLAZA FINANCIAL-BUILDING 500 THEODORE E. DAVIS ARcHrI’EC’r8 AND A880(:IATES. P.A. II I t ii ~I ,/ NORTHMILL PLAZA FINANCIAL-BUILDING. 500¯ PALM’BEACH GARDENS FLORIDA ~CTS ~D ASSOCIATES, P..A. If tt ~ )! II ’|’lli’iilii-Jl.l I IH ~e-~l II CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: !May 30, 2002~ Date Prepared: April 24, 2002 SUBJECT/AGENDA ITEM Petition SP-01-26 - Site Plan Review for Evergrene Parcel 4A Consideration of Approval: Resolution 72, 2002, a request by Urban Design Studio, on behalf of Community Finance Company (a subsidiary of Watermark Communities, Inc.), for approval of a 24-acre site for 109 single-family "Paired Z" homes and. 69 "Mansion" home units (contained in 23 "Mansion" buildings) within Parcel 4A of the Evergrene Planned Community District (PCD), which is bounded by Donald Ross Road to thb north, Alternate A1A to the east, Hood Road to the south, and Military Trail to the west. (25/36:41S-42E) RECOMMENDATION Staff recommends approval of Resolution 72, 2002 with conditions and waivers. Reviewed by: Principal Planner Talal Benothm~P City Atto rn ey/=~(,~---~ Leonard G. I~_bin Development Compliance Bahareh Wolfs, AICP Submitted by: Growth Manag~,t,,~ Directct,,_Ei/4b~. ~ I,~ Charles K. Wu, AICP Approved by/f~ City Manage~l~ Ronald M. Ferri~ Originating Dept.: Growth Management: Project ~t~(3c ,,,: ManagEL-r~/~ "~¢E/1 Ed Tomb"&ri,’~lCP Senior Planner Advertised: Date: Paper: [X] Not Required Affected parties: [ ] Notified IX] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X]Rec. app. w/conds. 7-0 [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Resolution 72, 2002 ¯Waiver requests and justifications ¯Comparison Table ¯Lot Assignments ¯Reduced Plans [ ] None City Council Meeting Date: May 30, 2002 Date Prepared: April 24, 2002 Petitions SP-01-26 BACKGROUND The Evergrene PCD was approved on December 21,2001, for 905 single-family units and 132 multifamily units, and is approximately 365.6 acres in size. The approved density for the Evergrene PCD is 2.68 dwelling units per.acre. Parcel 4A is approximately 24 acres in size and will contain 109 single-family "Paired Z" homes and 69 "Mansion" homes (multifamily), which is a density of 7.42 dwelling units per acre (approved Evergrene Master Plan permits up to 12 dwelling units per acre for this parcel). The "Mansion" home model is a new housing prototype within the City; however, this housing type was approved in Parcel 4B, and shall consist of three units located within one building (designed to appear as a large single-family unit). LAND USE & ZONING The parcel is zoned Planned Community District (PCD), with an underlying zoning Residential Low Density - 3 (RL-3) for the "Paired Z" homes, and an underlying zoning Residential High Density (RH) for the "Mansion" homes, consistent with the Master Plan designation of Residential High (RH). The parcel has a future land-use designation Residential Low (RL). CONCURRENCY The type and number of dwelling units within Parcel 4A is consistent with the approved concurrency for the Evergrene PCD. PROJECT DETAILS Paired Z Homes The "Paired Z" is a single-family product that has a minimum lot size of 42’ X 86.5’. The product is designed to enhance the streetscape by alternating or staggering the front elevations so that one home is closer to the street than the home immediately next to it. There are four different "Paired Z" floor plans available, and each will feature a two-car garage. A total of four architectural styles are available with the "Paired Z" homes: Tuscan, Spanish Colonial, Italianate, and French Country. A wide variety of color and material options is also available. Mansion Homes The "Mansion" product is basically a townhouse building containing three separate units, which range in size from 1,562 square feet to 2,151 square feet. There are 23 "Mansion" buildings on the site designed to resemble large estate homes. These homes have vehicular access from the rear alleys, and a garage is included for each of the three units in each of the buildings. The two large units have two-car garages, while the smaller second 2 City Council Meeting Date: May 30, 2002 Date Prepared: April 24, 2002 Petitions SP-01 °26 floor unit has a one-car garage. The two architectural styles available with the "Mansion" homes are the French Country and Italianate styles. A wide variety of color and material options is also available with this product. Parkinq The "Paired Z" homes meet the required parking on each individual lot (garage and driveway). The "Mansion" homes require a total of 194 parking spaces. Each of the 23 "Mansion" buildings provides five garage parking spaces, for a total of 115 parking spaces. The remaining 79 required parking spaces are located in the rear alleys (30 spaces) and along the adjacent loop road (49 spaces). DesLqn Guidelines Per requests from the Planning and Zoning Commission and Staff regarding other Evergrene petitions, design criteria for Parcel 4A have been drafted (see attachment). The guidelines address the architectural themes and treatments that will be used, as well provisions that will prevent repetitive colors, treatments, and architectural styles. Waivers Residential High Density (RH) is the requested underlying zoning for the "Mansion" homes in Parcel 4A, and is the appropriate zoning designation upon which to evaluate the proposed multifamily units in terms of consistency with the City’s Land Development Regulations. Residential Low Density- 3 (RE-3) is the requested underlying zoning for the ~’Paired Z" homes in Parcel 4A, and is the appropriate zoning designation upon which to evaluate the proposed single-family homes in terms of consistency with the City’s Land Development Regulations. Tables 1 and 2 on pages 5, 6 and 7, list the waivers necessary for the "Mansion" homes and the "Paired Z" homes. Meeting with Councilman Carl Sabatello On February 26, 2002, the applicant met with City Staff and Councilman Carl Sabatello to discuss the development of several parcels within the Evergrene PCD, including Parcel 4A. From this meeting, several comments were made regarding Parcel 4A, which resulted in the following changes: ~ 1.More landscaping was added along the garage walls. 2.Sidewalks were added to connect the driveways to the front doors of the homes. 3.Stepping-stones around the Mansion units were replaced with a sidewalk. 4.Planting in the rear of the back-to-back homes was relocated so as not to interfere with the flow of water in the drainage easements; however, neither Staff nor the City Engineer support planting in drainage easements because in our professional opinion, whenever possible, easements should remain unencumbered. 3 City Council Meeting Date: May 30, 2002 Date Prepared: April 24, 2002 Petitions SP-01-26 PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition at its March 26, 2002 meeting, and at their April 9, 2002 meeting, .unanimously voted to recommend APPROVAL per Staff’s recommendation. STAFF RECOMMENDATION Staff recommends APPROVAL of Petition SP-01-26 with the conditions and the waivers listed in Resolution 72, 2002. 4 City Council Meeting Date: May 30, 2002 Date Prepared: April 24, 2002 Petitions SP-01-26 Parcel4A-"Mansion"Home Waivers from RH Code Requirement Section 78-141 Front Setback for RH: 30 feet Proposed Plan Section 78-141 Side Setback Facing a Street for RH: Section 78-141 Rear Setback for RH: 20 feet 19 feet Staff Supports Waiver? Yes (1) Section 78-141 10 feet Yes (1) Side Setback for RH: 20 feet 12 feet Yes (1) 20 feet 10 feet Dry Model Permits Prior to Plat Approval 20-foot alleys Section 78-441 (c) Plat Approval Prior to Dry Model Permits Section 78-498 Local Street- Minimum Cross-Section: 50 feet Yes (1) Yes (2) Yes (3) (1) (2) (3) Staff supports the lot intensity waivers for front setback, side setback, side setback facing a street and rear setback. Staff supports these waivers because of the large amount of open space being provided throughout the entire PCD, and the special design of the entire.PCD, including the fact that the large lake in the southern portion of the PCD was not developed on and remains open to all the residents in the Evergrene PCD. Furthermore, the waivers requested are consistent with those granted in other developments in the City, as well as the recently approved site plans for Evergrene Parcels 1, 2 & 7 and Evergrene Parcel 4B. Staff supports the waiver for dry model permits prior to plat approval, because the applicant is agreeing to the condition to "post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded." Granting of this waiver is also consistent with other recent developments in the City that have received this waiver, including Evergrene Parcels 1,2 & 7 and Evergrene Parcel 4B. Staff supports the waiver for the 20-foot alleys because these alleys are not traditional local streets, in that they are not heavily trafficked roads, but rather driveways to the resident’s garages. This is a unique neo-traditional aspect or feature that Staff supports. 5 City Council Meeting Date: May 30, 2002 Date Prepared: April 24, 2002 Petitions SP-01-26 Code Requirement Section 78-141 Minimum Building Site Area for RL-3: 6,500 square feet Section 78-141 Minimum Lot Width for RL-3: 65 feet Section 78-141 Maximum Lot Coverage for RL-3: 35% Section 78-141 Front Setback for RL-3:25 feet Section 78-141 Side Setback for RL-3:7.5 feet Section 78-141 Side Setback Facing a Street for RL-3: 20 feet Section 78-141 Rear Setback for RL-3:10 feet Section 78-441 (c) Plat Approval Prior to Dry Model Permits Section 78-498 Local Street- Minimum Cross-Section: feet Section 78-506: Sidewalks on both sides of streets 5O Proposed Plan 3,633 square feet 42 feet 45% 13.5 feet (side- loaded garage) & 20 feet (front-loaded garage) 0 feet (building) 3 feet (deck/screen) 5 feet (pool/spa) 11 feet (deck/screen) 12 feet (pool/spa) 12 feet (building) 7 feet (deck/screen) 8 feet (pool/spa) 10 feet (building) Dry Model Permits Prior to Plat Approval 20-foot alleys Sidewalk on only one side of the street Staff Supports Waiver? Yes (1) Yes (1) Yes (1) Yes (1) Yes (1) Yes (1) Yes (1) Yes (2) Yes (3) Yes (4) (1)Staff supports the lot intensity waivers for front setback, side setback, side setback facing a street and rear setback. Staff supports these waivers because 6 (2) (3) (4) City Council Meeting Date: May 30, 2002 Date Prepared: April 24, 2002 Petitions SP-01-26 of the large amount of open space being provided throughout the entire PCD, and the special design of the entire PCD, including the fact that the large lake in the southern portion of the PCD was not developed on and remains open to all the residents in the Evergrene PCD. Furthermore, the waivers requested are consistent with those granted in other developments in the City, as well as the recently approved site plans for Evergrene Parcels 1, 2 & 7 and Evergrene Parcel 4B. Staff supports the waiver for dry model permits prior to plat approval, because the applicant is agreeing to the condition to "post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded." Granting of this waiver is also consistent with other recent developments in the City that have received this waiver, including Evergrene Parcels 1,2 & 7 and Evergrene Parcel 4B. Staff supports the waiver for the 20-foot alleys because these alleys are not traditional local streets, in that they are not heavily trafficked roads, but rather driveways to the resident’s garages. This is a unique neo-traditional aspect or feature that Staff fully supports. This waiver was also granted to Evergrene Parcel 4B. Staff supports the waiver permitting only one sidewalk along the streets because the urban design of the site creates a more compact community that can be adequately served by one sidewalk. Furthermore, the applicant is replacing the sidewalk with more landscaping, including street trees. g/john: sp0126.cc 7 May 30,2002 RESOLUTION 72, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL 4A" WITH A TOTAL OF 109 SINGLE-FAMILY UNITS AND 69 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Community Finance Company, for approval of a site plan for 109 single-family homes and 69 multi-family units within the Evergrene PCD (SP-01-26), located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, development of the site shall comply with the Design Guidelines for Parcel 4A, as more particularly described in Exhibit "B" attached hereto;’and WHEREAS, the applicant seeks ten (10) waivers as part of site plan approval for the single-family homes and six (6) waivers as part of site plan approval for the multi-family units; and WHEREAS, the subject parcel has a future land use designation of Residential Low (RL), and is currently zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL) for the single-family homes and Residential High (RH) for the multi- family units; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on April 9, 2002, the Planning and Zoning Commission recommended approval of the site plan for Parcel 4A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Resolution 72, 2002 May 30, 2002 Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for 109 single-family homes and 69 multi-family units within the Evergrene PCD, located between Hood Road and Donald Ross Roaci, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and/or grantees: 5. 6. 7. 8. o Prior to the issuance of the first building permit, the applicant shall: a. Provide a street address system depicting street names and residential numericals for emergency response purposes. Address system depiction shall be in 8.5" X 11" map format. (Police) b. Apply for, obtain, and submit to the City, a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) c. Provide a 20-foot alley typical section that is passable in all locations by emergency equipment and meets the City’s Land Development Regulations (LDRs) for structural integrity, including a base coarse and stabilized subgrade as required by the City’s LDRs. (Engineering) d. Install and have operational, temporary roadways and fire hydrants approved by the City’s Engineering and Fire Departments for all of the dry models. (Engineering and Fire). The applicant shall post surety prior to the issuance of any building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models. (City Engineering) The applicant shall relocate the landscaping in the drainage easements so that this landscaping is located outside the drainage easements. (Planning & Zoning and City Engineering) All lighting shall be metal halide. (Police) Landscaping shall not conflict with lighting (including long-term tree growth). (Police) A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (Police) Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. (Police) Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and shall be a minimum of six inches in height. (Police) The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. Posting of the notice shall be done prior to the final certificate of occupancy being issued for each building/model/sale center that is 2 Resolution 72, 2002 May 30, 2002 10. 11. 12. 13. required to post such notice. (Planning & Zoning) Development of the site shall comply with the Design Guidelines for Parcel 4A, as more particularly described in Exhibit "B" attached hereto. The applicant, successors or assigns shall notify all purchasers of the approved design guidelines by including these guidelines in the purchase agreement. (Planning & Zoning) The applicant, successors or assigns shall require all homeowners to maintain a minimum six-foot clear corridor, within at least one side-yard setback for each home, which shall be maintained free from air conditioning equipment, fencing, and landscaping obstructions between all structures. This restriction shall be incorporated within the Evergrene Master Declaration of Covenants, Conditions and Restrictions and recorded in the public record as a restriction against the property. Building permits for individual homes shall show all landscaping, fencing and mechanical equipment, and shall show the six-foot clear corridor. (Planning Zoning) The applicant, successors or assigns shall use the sales center off of Donald Ross Road for customer parking, and shall use a sales representative to escort prospective home buyers to the models on site. (Planning & Zoning and Code Enforcement) All landscaping, drainage and hedges within drainage easements shall be maintained and replaced by the master HOA of Parcel 4A. All hedges within drainage easements shall be wax myrtle. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following six (6) waivers for the 69 multi-family units (Mansion Homes) with this approval: A waiver from Section 78-141 of the City Code, which requires a minimum front setback of 30 feet. The applicant proposes a setback of 19 feet. The waiver is approved for 11 feet. A waiver from Section 78-141 of the City Code, which requires a minimum side setback of 20 feet. The applicant proposes a ten-foot setback. The waiver is approved for ten feet. A waiver from Section 78-141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a Setback of 12 feet. The waiver is approved for eight feet. A waiver from Section 78-141 of the City Code, which requires a minimum rear setback of 20 feet. The applicant proposes a ten-foot setback. The waiver is approved for ten feet. A waiver from Section 78-441(c) of the City Code to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver 3 Resolution 72, 2002 May 30, 2002 shall be consistent with the applicable conditions of approval’outlined in Section 2 of this resolution. o A waiver from Section 78-498 of the City Code, which requires a minimum of 50-foot local street cross-sections. The applicant proposes 20-foot alleys. The waiver is approved for 30 feet. Section 4. The City Council of the City of Palm Beach Gardens hereby approves the following ten (10) waivers for the 1’09 single-family units ("Paired Z" Homes) with approval: A waiver from Section 78-141 of the City Code, which requires a minimum site/lot area of 6,500 square feet. The applicant proposes a site area of 3,633 square feet. The waiver is approved for 2,867 square feet. A waiver from Section 78-141 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 42 feet. The waiver is approved for 23 feet. A waiver from Section 78-141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is approved for an additional 10% lot coverage. A waiver from Section 78-141 of the City Code, which requires a minimum front setback of 25 feet. The applicant proposes a 13.5-foot front setback for side-loaded garages, and a 20-foot front setback for front-loaded garages. The waiver is approved for the reduction in the minimum front setback of 11.5 feet for side-load garages and five feet for front-loaded garages. °A waiver from Section 78-141 of the City Code, which requires a minimum side setback of 7.5 feet. The applicant proposes a zero-foot side setback for buildings, three-foot setback for decks and screen enclosures, and a five-foot setback for pools and spas. The waiver is approved for the reduction in the minimum side setback of 7.5 feet (building), 4.5 feet (deck/screen enclosure), and 2.5 (pools/spas). A waiver from Section 78-141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes an 11-foot setback for decks and screen enclosures, and a 12-foot setback for buildings, pools, and spas. The waiver is approved for the reduction in the minimum street side setback of nine feet (deck/screen enclosure), and eight feet (building/pool/spa). 4 Resolution 72, 2002 May 30, 2002 A waiver from Section 78-141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a seven-foot setback for decks and screen enclosures, and an eight-foot setback for pools and spas. The waiver is approved for the reduction in the minimum rear setback of three feet (deck/screen enclosure), and two feet (pool/spa). A waiver from Section 78-441 (c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. A waiver from Section 78-498 of the City Code, which requires a minimum of 50-foot local street cross-sections. The applicant proposes 20-foot alleys. The waiver is approved for 30 feet. 10.A waiver from Section 78-506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes to provide a sidewalk on only one side of the streets. Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows (dates represent the date the plans were received and stamped in): 6. 7. 8. Parcel 4A Site Plans by Urban Design Studio, sheets 1 of 2 and 2 of 2 (2 sheets total), dated April 3, 2002. Floor Plans, Roof Plan, and Elevations - Paired Z-Lot Homes by Watermark Communities, Inc., sheets 1 of 6 through 6 of 6 (6 sheets total), dated August 10, 2001. Roof Plans for Single-Family Homes (French Country and Italianate) by Watermark Communities, Inc., sheet A-1 (1 sheet total), dated April 19, 2002. Floor Plans, Roof Plan, and Elevations - Mansion Homes by Watermark Communities, Inc., sheets 1 of 3 through 3 of 3 (3 sheets total), dated June 15, 2001. Landscape Plans by Lucido & Associates, cover sheet and sheets 1 of 6 through 6 of 6 (7 sheets total), dated March 25, 2002. Conceptual Engineering Plan by Keshavarz & Associates, Inc., sheet 1 (1 sheet total), dated March 25, 2002. Typical Sections by Southern Design Group, Inc., sheet 1 of I (1 sheet total), dated February 25, 2002. Colored Powerpoint Presentation, 8 sheets total, dated April 9, 2002. Section 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. 5 Resolution 72, 2002 May 30, 2002 Section 7. If any clause, section, other Part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED ON THE DAY OF 2002. ERIC JABLIN, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGADO COUNCILMAN RUSSO AYE NAY ABSENT 6 EXIHIBIT "A" Resolution 72, 2002 April 24, 2002 DESCRIPTION AND SKETCH (NOT A SURVEY) EVERGRENE - PARCEL 4A LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 36; THENCE SOUTH 89°52’40" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 209.36 FEET; THENCE SOUTH 00°07’20" WEST, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°52’40" EAST, A DISTANCE OF 221.94 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE’ LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 88°54’51 ’’ EAST; THENCE SOUTHERLY, SOUTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 490.50 FEET AND A CENTRAL ANGLE OF 82°20’31 ", A DISTANCE OF 704.92 FEET TO THE POINT .OF TANGENCY; THENCE SOUTH 83025’39 ’’ EAST, A DISTANCE OF 423.23 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 58°31’36" EAST; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC. OF SAID CURVE, HAVING A RADIUS OF 85.50 FEET AND A CENTRAL ANGLE OF 69034’33 ’’, A DISTANCE OF 103.82 FEET; THENCE SOUTH 01°13’51" WEST, ALONG A NON-TANGENT LINE, A DISTANCE OF 746.59 FEET; THENCE NORTH 88°08’04 ’’ WEST, ALONG A LINE 80.00 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD, A DISTANCE OF 259.02 FEET; THENCE NORTH 01°13’51’’ EAST, A DISTANCE OF 306.50 FEET; THENCE NORTH 88008’04" WEST, A DISTANCE OF 411.51 FEET; THENCE SOUTH 01°13’51 ’’ WEST, A DISTANCE OF 269.94 FEET; THENCE NORTH 86°59’19" WEST, DISTANCE OF 39.12 FEET; THENCE NORTH 83°29’50 ’’ WEST, A DISTANCE OF 181.39 FEET; THENCE NORTH 88008’04" WEST, A DISTANCE OF 277.26 FEET (THE I.~ST THREEDESCRIBED COURSES BEING 80.00 FEET NORTH OF AND PARALLEL WITH SAID NORTH RIGHT-OF WAY LINE); THENCE NORTH 01°13’53 ’’ EAST, A DISTANCE OF 255.15 FEET; THENCE NORTH 00018’53"EAST, A DISTAl’ICE OF 250.03 FEET; THENCE NORTH 01°13’51 ’’ EAST, A DISTANCE OF 658.92 FEET (THE LAST THREE DESCRIBED COURSES BEING 74.00 FEET EAST OF AND PARALLEL WITH THE EAST RIGHT-OF-WhY LINE OF MILITARY TRAIL); THENCE SOUTH 88°46’09 ’’ EAST, A DISTANCE OF 76.00 FEET; THENCE NORTH 01°13’51" EAST, A DISTANCE OF 118.48 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 24.002 ACRES, MORE OR LESS. 7 Resolution 72, 2002 April 24, 2002 Exhibit "B" ° ° Design Guidelines for Parcel 4A of the Everqrene PCD The Architectural Themes shall include: -Tuscan (Paired Z) -Spanish Colonial (Paired Z) -French Country (Paired Z & Mansion) -Italianate (Paired Z & Mansion) Unifying architectural treatments shall include: -Stucco Wall Finish -Concrete "S" Roof Tile or Flat Concrete Roof Tiles -Front and Side-loaded Garages (Paired Z) & Rear Entry Garages (Mansion) -Multi-pane Front Elevation Windows No two homes located side by side shall have the same combination of exterior wall and trim color. No two homes located side by side shall have the same combination of architectural style and floor plan. For example, you may have two (2) Italianate Architectural Themes next to each other, but with different floor plans. Another example is that you may have two (2) of the same floor plans next to each other, but cannot consist of the same Architectural Themes. The Growth Management Director or designee shall approve substantial alterations to said elevations. g/john: sp0126.re 8 Waiver Justification Evergrene PCD Site Plan Application For Parcels 3 and 4A Cluster Home, Paired Z and Mansion Products August 10, 2001 Revised December 11o 2001 Revised February 25, 2002 Because of the unique nature of this application and the provision of housing types new to the City, there are several waivers being requested with this application. The housing types and lot layouts are "traditional" in nature and provide for a more urban lifestyle. Waivers Lot Coverage. The requested maximum lot coverage for the Paired Z product is 45%. The RL-3 zoning district requires a 35% lot coverage. The City’s current Code does notaddress the type of housing proposed by the Paired Z products. The lot coverages requested are consistent with more urban and traditional neighborhoods found in the eastern portions of West Palm Beach, Delray Beach and Boca Rato.n. In addition, the Treasure Coast Regional Planning Council, allows for up to 70% lot coverage for residential buildings. The Town of Jupiter MXD regulations allow for up tO 40% lot coverage for low-density residential homes and up to 50% lot coverage for medium-density residential homes. The requested lot coverages are consistent with a variety of ordinances regarding residential developments of this nature. In addition, Parcel 4A is providing 68% open space, which is in excess of the City’s requirement of 35%. Setbacks. We are proposing a variety of setbacks which will require waivers. Some of the setbacks, especially the front setbacks, are needed in order to emphasize the architecture. We request that the setbacks be reviewed in context of the entire community and how the buildings relate to each other and to the streetscape. For the Paired Z homes within Parcel 4A, we are requesting the following setback waivers: 13.5’ front building setback, 0’-2’/5’ side building setback, 5’ side pool/spa setback, 3’ screen enclosure/deck setback, 12’ side street building and pool/spa setback, 11’ side street screen enclosure/deck setback, 8’ pool/spa rear setback, and 7’ rear screen enclos~e/deck setback. These setbacks are required to provide an attractive architectural streetseape while including a courtyard effect between two adjacent zero-lot line products. Please note that within Parcel 4A we are providing 68% open space. For the Mansion units within Parcel 4A, we are requesting the following setback waivers: 19’ front setback and a 12’ side street setback. These setback waivers are requested in order to provide an attractive architectural streetscape along the loop road within the project. Lot Width/Area. We are requesting a waiver to allow for a minimum 42-foot wide lots for the Paired Z’s homes. The RL-3 zoning district standard is 65-foot lot width. In association with this waiver request, we are also seeking a waiver to allow for a minimum 3,633. s.f. lot size for the Paired Z homes. The RL-3 code requirement for minimum lot area is 5,250 s.f. The proposed lot widths and sizes are specifically designed to create the proximity of a close-knit neighborhood and create an architecturally-pleasing streetseape within this new neighborhood. Sidewalks. We are requesting a waiver in Parcel 4A to allow for a sidewalk on one side of the roadway. As stated in previous site plan applications, the stringent Seacoast Utility Authority separation requirements prevents us from having sidewalk on both sides of the street. Providing dual sidewalks would require us to eliminate out tree and landscaping program along the streetscape. We have provided safe and convenient pedestrian crossings within the parcel without compromising the landscape program. Please note that there are double sidewalks at the parcel entrance from the Hood Road entrance road. The entrance off of the Hood Road entrance drive features sidewalks on both sides of the street. Alley Widths. We are requesting a waiver for Parcel 4A to allow for 20--foot wide alleyways, which will consist of 12 feet of paving with two 4--foot bands of pavers on each side. The existing code does not provide for an alley cross--section. The proposed alleys will not be used as "traditional" road right-of-way. Instead, the alley will be used to rear access drive for the Mansion units. If we must compare this section to a road right-of-way, Section 78-498, Minimum Engineering Guidelines and Standards for Planned Developments, calls for 2 ten-foot lanes with 2-foot curbs within a 28---foot right-of-way. It is the intent that the alleys will act as a driveway and not as a street or road right-of-way. Because of this, we are also seeking a waiver from the curb and gutter requirement for this alleyway. This request is confined to the Mansion unit product ordy. We have,met the Growth Management, Police, Fire and Engineering Departments regarding this issue. Representatives from each department have reviewed the alley sections and we have designed the alleyways to include facilities such as tumarounds and additional paved areas to make the alleys more accessible. Dry Model Permits Prior to Plat Approval. We are requesting a waiver from Section 217 to allow the issuance of building permits for model units prior to the plat being recorded. Section 217 (c) states: "All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to the issuance of a building permit for the subject property." The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no homes could be sold until the plat is recorded. WAIVER REVISIONS AND COMPARISON FOR EVERGRENE PCD PARCEL 4A Paired Z Homes Waiver Requested Lot Coverage - For Paired Z Homes - 45% 35% Code requirement Lot Width - 42’ wide lots 65’Code requirement Lot Area - 42’ wide lots 3,633 s.f. 6,500 s.f Code requirement Front Setback 13.5’ to porch 20’ to garage 25’ Code requirement Side Setback - 0’-2’/5’ building setback 5’ for pools/spas 3’ for screen enclosures and decks (minimum 10’ building separation) 7. 5’or10% of lot width Code requirement Side Street Setback - 12’ for buildings and pools/spas 11’ for screen enclosures and decks 20’ Code requirement Rear Setback - 8’ for pools/spas 7’ for screen enclosures and decks 10’ Code requirement Sidewalks - Sidewalks on one side of the street Cul-de-sacs with less than 80 lots required to have at least one sidewalk Dry Model Permits Prior to Platting Code requires plat prior to issuance of building permit Comparison to Similar Projects Other similar Zero-Lot lot coverages: Mirasol Parcel 3, 4, 19, 20, 36, 27 and 28 - 50% BallenIsles Parcel 14 - 60% BallenIsles Parcels 15 and 16A - 50% PGA Nat’l Villa D’Este - 58% Other Zero-Lot Lot Widths Mirasol Parcel 28 - 40’ Ballenlsles Coral Cay - 42’ PGA Nat’l Villa D’Ester - 41’ Other Zero-Lot Lot Areas PGA Natl. Eagleton - 4,150 s.f. Ballenlsles Sunset Bay - 4,800 s.f. PGA Nat’l Villa D’Este - 3,608 Other Zero-Lot Front Setbacks PGA Nat’l Villa D’Este - 10 feet PGA Nat’l Eagleton Estates- 10 feet Mirasol Parcels 19, 20, 26, 27, 28 - 15’ side entry garage Other Zero Lot side setbacks Mirasol Parcel 3, 4, 26, 27, 28, 19, 20 - 0710’ for building and 0’/5’ for pools and screen enclosures Ballenlsles Coral Cay and Crystal Bay - 0’/10’ for building, 7’ for pool and 5’ for screen enclosures Ballenlsles Sunset Cove - 0’/10’ for building, 0’/5’ for pools and screen ericlosures. Other Zero Lot Side Street setbacks Ballenlsles Vintage Isles - 10’ Ballenlsles Laguna - 10’ Other Zero-Lot Rear setbacks Mirasol Parcels 3, 4, 19, 20 - 3’ pools and screen enclosures Ballenlsles Windward Cove - 7’ for pools, 5’ for screen enclosures Ballenlsles Parcels 15 and 16a - 7.5’ for pools, 5’ for screen enclosures Numerous projects within planned communities. Mirasol approved to allow dry models within parcels March 4, 2002 Lot # 1 2 3 4 5 6 7 8 9 .Evergrene Lot 4A Lot Assignment March 7, 2002 Floor Floor Floor Floor Plan I Plan 2 Plan 3 Plan 4 X X X X X X X X X X 10 X 11 X 12 X X 13 X 14 15 X 16 17 X X x X X18 19 X 20 X X X 21 X X X X X X X X X X X X X X X X G:\COMMON3Jobs~Parce]4.03-4.0o"~Parcel 3A~otAssignLot4A.02280Zwpd LCC35 X X X X X X X Lot # 24 25 26 27 28 29 Plan 1 X X 3O 31 X 32 33 34 35 X X ]~loor Plan 2 X X X X X X ]Vloor Plan 3 X X X X X X 36 X X 37 X 38 X 39 X X 40 X 41 X X Floor Plan 4 X X X X X X X X 42 X X X X 43 X X X X 44 X X 45 X X - 46 X X47 48 X G:~3OMMOI~Jol3s~Parcel4.03-4.06~ arcel 3,4A~LotAssignLot4A_022802.wpd LCC35 X X X Floor Floor Lot #Plan 1 Plan 2 49 X 50 X 51 X 52 53 55 56 57 58 59 60 61 X X X X X X X X Floor Plan 3 X X X X X X 62 X 63 X 64 X X ]~oor Plan 4 X X X X X X X 65 X 66 X 67 X X X 68 X X 69 X X X X X 70 71 72 73 X X X X X X X G:~OM3VION~I obs~P ar ce14.03-4.06~P ar cel 3,4A~Lot AssignLot4A.022802 .w]~ LCC35 X X X X X X X ]~!oor Lot #Plan 1 74 X 75 76 X 77 78 79 X Floor Floor Floor Plan 2 Plan 3 Plan 4 X X X X X X 80 X : 81 X 82 X 83 X 84 X 85 X 86 X87 88 89 X 90 91 X 92 93 94 95 96 X X97 98 X X X X X X ~X X X X X X X X X X X X X X X X X X X X X X X GACOMMON~Jobs~Parcel4.03-4.06~arcel 3,4A’~LotAssignLot4A.022802.wpd IiP_~35 Floor Floor Floor Floor Lot #Plan 1 Plan 2 Plan 3 Plan 4 99 100 X X X 101 X X 102 X 103 X X 104 ¯ "X 105 X106 107 X X X X 108 X 109 X x X X X X X X This table indicates which dwelling unit floor plan(s) fits on each individual lot. This table is intended to: ¯ facilitate the city’s understanding of the frequency and location of the individual floor plans on a lot. ¯ facilitate issuance of building permits consistent with the approval granted by the City Council. Revisions to these floor plans or additional floor plans are subject to administrative approval, if consistent with the development approval granted by City Council (i.e. consistent with approved setbacks, lot coverage, ...) G:\COMMONUobs~Parcel4.03-4.06~ arcel 3,4A~otAssignLot4A.022802.wpd LC~5 " Z ,90"69 N~,6 I,,6~o99 N ,I.O’I.~=V \ .!,~.....-"!! .~}"~ ....... It / /t!~/~~ Ev,;rgrene " ,,"~,, E ~Palm Beach Gardens, Florida ~r’@~i~I~ ~’5 Parcel 4A Site Plan ~ ~’ l ~ Z m "T" C C~ Palm Beach Gardens, Florida + [ ~’~ ~,~ Parcel 4A Detail Sheet I ~++~ ~ I 86’-8". i Ill !If tl m +[I I’ ~i! ill ’-’ 8 ~., 86’-6" 0 0 I’-I’1"1"rl --I r’rl I-I-I II1 0 Z I’1"1 I’ll I I I I! Ill I II I II 0,.-9 0 0 Z m < 0 z < 0 II I I II I I I ii I I 0 Z .-I 0 I(./I Irrl l’Cl r’rl i I rn rn rn I I I I 0 0 r,’l ~t I I ]1 0z-M < 0z C) I’1"I m l’rl 0 II IIIIJ I Ill I! / / £1"i i / I I I I I "1-1 0Z .--I I’rlI’- < 0 Z r’rI...i-I --I r’rl m m I’rl rl-I i--I’,-i 0z ---II I 000 000 IF- : : 0 0 --4 0Z il" 0 0 0 0 0 0 i 0 0 I -rI I ¯ I II I II I I I I ~ , i // Illll I1|II i," ’ i ’.ll I I I I I I I I I I WC I I COMMUNITIES, INC. 11575 I-IERON BAY BOULEVARD COP,.AL SPRINGS, FLORIDA 33076 954-575-6~0 i u ......i- .....-.i ......~ ....... m ~0 ~0 C:~wlndows~TEMP~165 CoverSheet- Parcel 4A,dwg, 0~/18/2002 05:17:08 PM, rnseymour, ANSI B " 11 x 17 In.~.!andscape) II1 111 E C ~w[ndoweXTEMP~165- HomeANSI B 11 x 17 in 9endscape~sndsCapes dwg 04/18/2002 05 29 37 PM msoymour Typ. 96.5’ Lot Depth For Pools I I Typ, [ ’ Dl C;~wlndows~TEMP~165- Home Let ANSI B - ’il x 17 In.,~tanl:i~pe) :lecapae.OWg, 04/18/2002 05:30:28 PM, mseymour, ,<~lIi/;llo li!fl/! ’li i Areas Parcet 4A.dwg, 04/19/2002 08:40:56 AM. mseymour. ndows~TEMP~165-Common Areas P B ¯ 11 x 17 In. (lend.ape) li,!! |li |,. l~li ~i,: fill ,I ill Iil,ll ill !111l~l Itii I!r !ii !i Ill !i., il!!i! ~’ I!ll~i_ill !111 i Ili .lli I¯II tii! Iii >l ° !!i~i !1i ~41ndows~TEMl~155-C, ommon Areas ~1B - 11 x 17 ~n. (landscape) arc, el 4A.dwg, 0~/18/2002 05:19:58 PM. m~eymour. & \X i tl Jl 1 I! I1 I I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 5/17/02 Meeting Date: 5130102 Subject/Agenda Item: Resolution 80, 2002 - Blue Ribbon Panel Recommendation/Motion: Approval of Resolution 80, 2002 Council Action:Reviewed by: City Attomey~/~ Finance Director N/A Other Patricia Snider City Clerk Department Director Approved by: City Man~ Originating DepL: Advertised: Date: Pap6~. [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $,N/A (Total) $, N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum [ ] None w/ BACKGROUND: During the reorganization meeting of March 21, 2002, the Mayor requested that the City Manager form a Blue Ribbon Panel to address the following quality of life issues facing the City of Palm Beach Gardens: stormwater drainage; canal and swale improvements and maintenance; roadway improvements; and traffic, including traffic calming techniques. The advisory committee shall be automatically dissolved one (1) year fi:om the effective date of this Resolution unless extended by City Council. The Mayor shall serve as Council Liaison to the Panel. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 80, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A BLUE RIBBON PANEL TO EXAMINE QUALITY OF LIFE ISSUES FACING THE CITY AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL AS TO HOW TO REMEDY SUCH ISSUES AND APPOINTING RESIDENTS TO SERVE ON SUCH PANEL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor of the City of Palm Beach Gardens has requested that the City Manager form a Blue Ribbon Panel to address the following quality of life issues facing the City of Palm Beach Gardens: stormwater drainage; canal and swale improvements and maintenance; roadway improvements; and traffic, including traffic calming techniques; and WHEREAS, the Blue Ribbon Panel will examine various options and make recommendations to the City Council on how best to address and fund such maintenance and improvements fairly and equitably; and WHEREAS, in accordance with section 2-82 of the City Code of Ordinances, the City Council desires to form such a Blue Ribbon Panel and appoint residents from all areas of the City, with varying backgrounds and interests, as members of the Panel; and WHEREAS, the City Council determines that the establishment of a Blue Ribbon Panel in accordance with the guidelines set forth herein 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 hereby forms a Blue Ribbon Panel consisting of twelve residents to specifically address the quality of life issues outlined above and make recommendations to the City Council on how best to resolve and/or address such issues. This advisory committee shall be automatically dissolved one (1) year from the effective date of this Resolution unless extended by the City Council. The Mayor shall serve as Council Liaison to the Panel. SECTION 3: The City Council hereby appoints the following residents to serve on the Blue Ribbon Panel: -1- (1) Marilyn Lew-Jacobs; (2) Terry Lewis; (3) Joan Altwater; (4) Terri Bates; (5) Chuck Haas; (6) Linda Monroe; (7) Sanford Pearl; (8) Paul Auerbach; (9) Wesley Lauer; (10) Theodore G. Thoburn; (11) Louis Satriano; and (12) Adrian Salee. SECTION 4: The City Council hereby appoints Linda Monroe to serve as chairperson of the Panel. Should any future vacancies occur among the Panel’s membership, such vacancies shall not be filled and the total membership shall be reduced accordingly. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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: This Resolution shall become effective immediately upon adoption, 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 -2- VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -3- Blue Ribbon Committee Name 1 Marilyn Lew-Jacobs 2 Terry Lewis 3 Joan Altwater 4 Terri Bates 5 Chuck Haas 6 Linda Monroe 7 Sanford Pead 8 Paul Auerbach 9 Wesley Lauer 10 Theodore G. Thoburn 11 Louis Satriano 12 Adrian Salee 16 Bermuda Lk. Dr. 33418 5703 High Flyer Rd S. 33418 9180 Cypress Hollow Dr.33418 11110 Oak Way Circle 33410 9003 Gardens Glen Circle 33418 4431 Althea Way 33410 9968 Dahlia Ave 33410 11215 Curry Drive 33418 3 Surrey Road 33418 2015 LaPorte Drive 33410 4703 Lakemot Court 33403 378 Kelsey park Drive 33410 Profession CPA Attorney Environmentalist SFWMD CPA Planner Resident Attorney Realtor Banker Business Resident BLUE RIBBON COMMITT lit Frenchm’a,n’~"c-} Reserve ! Mirasol Gardens N )lechase Silver Beach Rd CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:May 30, 2002 Subject/Agenda Item: Resolution 81, 2002/Budget for Burns Road Widening Project - No. 2002-001 - Approving the budget for Burns Road Widening Project and authorizing the expenditure of funds accordin~lly. Recommendation/Motion: Approve Resolution 81,2002. Reviewed by: City Attorney Financ~.~ Jack Doughney, Community Services Administrator Originating Dept.: Community Services Advertised: NA Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/conditions [ ] Denied [ ] Continued to: Attachments: Resolution 81, 2002 [ ] None BACKGROUND: The City Council approved the widening of Burns Road in an effort to alleviate traffic congestion within the City by providing an alternate east-west thoroughfare to PGA Blvd. Staff has established a budget for the entire project that identifies revenue sources and potential expenditures. The City has also recently entered into contracts for construction of the improvements, which is scheduled to begin on June 4, 2002. Due to the significance of this project, Resolution 81, 2002 adopts the project budget and authorizes expenditures not to exceed the total budgeted amount. RECOMMENDATION: Staff recommends the approval of Resolution 81,2002. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 8’1, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A BUDGET FOR THE BURNS ROAD WIDENING PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS AS SET FORTH THEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City Council has approved the widening of Burns Road in an effort to alleviate traffic congestion within the City by providing an alternate east-west thoroughfare to PGA Boulevard; and WHEREAS, the Burns Road widening project will be funded by Road Impact Fees and grant monies received from the Florida Department of Transportation and Palm Beach County; and WHEREAS, the City has entered into contracts for construction of improvements to both the eastern and western portions of Burns Road; and WHEREAS, in recognition of the scope and importance of this capital project, the City Council seeks to establish a total budget for the Burns Road project, identifying all revenue sources and potential expenditures; and WHEREAS, the City Council determines that the adoption of a budget for the Burns Road widening project is the in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE ITRESOLVED 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 approves the total budget for the Burns Road project, as identified on Exhibit "A" attached hereto and incorporated herein. The City Council further authorizes the City Manager to make expenditures and otherwise take all actions necessary to complete the project, provided that the amount of such expenditures does not exceed the total amount budgeted. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AN D APPROVED TH IS__DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN 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 COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- EXHIBIT "A" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 Burns Road Fund Account # Revenues Description Action Amount Revised Budget 026-0000-334.4900 026-0000-334.9050 026-0000-369.4010 026-0000-361.0000 026-0000-389.0000 FDOT Grant County Incentive Grant Seacoast Utility Reimbursement Interest Income Appropriated Fund Balance Increase $ 3,880,000 $ 3,880,000 Increase 1,341,000 1,341,000 Increase 340,000 340,000 Increase 67,495 67,495 Increase 5,724,206 5,724,206 $11,352,701 Expenditures Account #Description Action Amount 026-0900-519-3150 026-0900-519-3160 026-0900-519-3170 026-0900-519-6300 026-0900-519-7210 026-0900-519-9100 Professional Services - Other ’ Professional Services - Legal Professional Services - Engineering Land & Improvements Debt Service Transfer to General Fund Increase $ 246,321 Increase 59,082 Increase 426,480 Increase 9,506,975 Increase 321,843 Increase 792,000 Revised Budget $ 246,321 59,082 426,480 9,506,975 321,843 792,000 $11,352,701 Page 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 SUBJECT/AGENDA ITEM Petition MISC-02-01 - San Michele Minor PUD Amendment First Reading of Ordinance 20, 2002: A request by Urban Design Studio, on behalf of Forest Lake Associates, L.C., San Michele-Palm Beach Limited Partnership, and Gordon Homes, Inc., for approval of minor amendments to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center and modification of side and front setbacks for selected lots within the San Michele PUD, which is located at the northwest corner of Central Boulevard and Hood Road. (25/36-41S-42E) RECOMMENDATION Staff recommends approval of Ordinance 20, 2002 with conditions and the waiver for the side.s.etback. ~taff recommends DENIAL of the waiver for the front setback. Reviewed by: Principal Planner Talal Benot~lCP City Attorn~y ~_,~ Leonard ~. Devel°pment ,4~/. Compliance ~2 W Bahareh Wolfs, AICP Submitted by: Growth/~ M a nag e~"~l/~ DirectorL.A~l~, Charles K. Wu, AICP/ Approved by~,/~ City Manageff~/ Ronald M. Ferris Originating Dept.: Growth Management: Project Manag,er Jackie ~l-oman Planner Advertised: Date: ~quired Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X]Rec. app. w/conds. 7-0 [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Ordinance 20, 2002 ¯ Ordinance 4, 2000 ¯Waiver requests and justifications ¯Reduced Plans [ ] None City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-02-01 BACKGROUND San Michele is an approved 64.47-acre single-family custom home Planned Unit Development (PUD), with 90 lots that typically range in width from 75 feet to 90 feet. The PUD is located at the northwest corner of the intersection of Central Boulevard and Hood Road, and was approved by the City Council on June 1, 2000, with the adoption of Ordinance 4, 2000. Subsequent to the original approval, the City Council has approved the project clubhouse, signage, and gatehouse plans. This request includes modifications to the Master Site Plan to accommodate changes to drainage easements and lake configurations, which resulted from the final requirements of Northern Palm Beach County Improvement District’s (Northern) Unit 2 drainage plans, details of the temporary sales center, and a request for modification of front and side setbacks for selected lots. Development of the common areas will remain the responsibility of the master developer, Forest Lake Associates. Development of the 75-foot wide lots (lots 1 through 49) will be San Michele-Palm Beach Limited Partnership (Sterling Communities), and development the 90-foot wide lots (lots 50 through 90) will be by Gordon Homes. LAND USE & ZONING The future land-use designation for this property is Residential Low (RL). The site is zoned Residential Low Density- 3 (RL-3), with a Planned Unit Development (PUD) overlay. CONCURRENCY The site is vested in terms of concurrency. PROJECT DETAILS This request for a PUD amendment incorporates an increase in width and location adjustments for several drainage easements as well as the re-configuration of the lakes and canals located south of the entrance roadway. These modifications are required to accommodate the ultimate design criteria approved as part of Northern’s Unit 2 drainage plan approvals. As a result of the increase in width of the drainage easements, the applicant is requesting consideration of side setback waivers for those lots affected by the increased width of the easements (lots 66, 67, 72, 73, 77, 78, 85, and 86). The developer of lots 1 through 50 is also requesting approval to allow a minor modification to the front setbacks approved for eight lots (lots 13, 31,32, 35, 36, 38, 39 and 40)located north of the entrance road. The Master Plan has also been amended to include the location of the sales center and the models. 2 City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MlSC-02-01 Landscaping~Screening Because of a reduction in the available landscape space, and the desire to provide appropriate screening, the applicant would also like to extend the approved eight-foot wall and make it part of the buffer system east of the new lake to screen the homes west of the lake. This buffer section is proposed to include plant material, which blends the proposed entrance to the north with the native buffer to the south. The wall will be screened with the use of multiple layears of plant material including Sable Palms, Ligustrum Trees, Wax Myrtle, Buttonwoods, Cocoplum, grasses and groundcovers. The inside of the wall will also be planted with palms and grasses. Temporary Sales Trailer The applicant is proposing a temporary sales trailer for a time not to exceed five years, or until spring 2007. The proposed trailer contains 2,028 square feet, and requires seven parking spaces. Six parking spaces are provided at the adjacent model homes, with the handicap parking provided on the same lot as the sales center. Extra parking will also be available at the clubhouse, although this parking has not been used to meet the required parking for the sales center. Staff is currently working on amending the Code to limit the time period for all trailers. As a condition of approval, the applicant will be required to adhere to all applicable code regulations, including zoning in progress (eg: revisions to the Code addressing temporary sales trailers). Waivers Code Section Required Provided Section 78-141 20 feet Front Setback for 25 feet (in lots 13, 31, 32, 35, RL-3 36, 38, 39, and 40 only) Section 78-141 Side Setback for RL -3 9.46 - 10 feet (for lots 66, 67, 72, 73, 77, 78, 85, and 86) Nine (9) feet (for lots 66, 67, 72, 73, 77, 78, 85, and 86) Waiver Recommendation Five (5) feet Deny (1) Between 0.46 feet and 1 foot Support (2) The applicant’s justifications for these waivers are attached to this report, including a setback comparison chart which identifies the front setbacks previously approved for Mirasol, Ballenlsles, and PGA National for a number of homes with front entry garages at 20 feet and side entry garages at 15 feet. (1)Staff recommends denial of the waiver from the 25-foot front setback for the eight lots in question because the applicant has not justified this waiver. Nothing has changed since the original approval to necessitate the approval of the reduction in the front setback. Furthermore, nothing new has been offered to the City to justify City Council Meeting Date: May 30, 2002 Date Prepared: May 17, 2002 Petition MISC-02-01 granting this waiver, which is a fundamental part of the "give and take" nature of granting waivers in planned developments. (2)Staff supports the waiver from the 10% lot width side setback requirement. The waiver is being requested for only eight lots, because Northern needed to widen the adjacent drainage easements, thereby reducing the buildable area for the lots in question. The request of this waiver was not necessitated by an action of the applicant. The range within which the eight lots in question fall short of the code requirement is 0.46 feet for the 94.6-foot wide lots, to 1 foot for the 100-foot wide lots. STAFF RECOMMENDATION Staff recommends APPROVAL of Petition MISC-02-01 with the following conditions of approval and the one requested waiver: All landscaping shall at a minimum meet the City’s landscape requirements. (City Forester) Prior to the final Certificate of Occupancy for the sales trailer and the models, fire service water (including fire hydrants) shall be installed, inspected and approved by the City. (Fire Department) The handicap parking space shall fully comply with the requirement of the American’s with Disabilities Act (ADA), including having a handicap sign and symbol in the space. (City Engineering) The applicant, successors or assigns shall adhere to all applicable code. regulations, including zoning in progress (eg: revisions to the Code addressing temporary sales trailers). (Code Enforcement) Staff recommends DENIAL of the waiver from the 25-foot front setback, which would permit a 20-foot front setback in eight lots on the site. It should be noted, however, that this waiver request has been included in Ordinance 20, 2002. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition at its April 9, 2002 meeting, and unanimously voted to recommend APPROVAL per Staff’s recommendation with one change; the Commission voted to recommend approval of the applicant’s request to waive the 25-foot front setback requirement. g/jackie:SanMichele/misc0201 .cc 4 May 17, 2002 ORDINANCE 20, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF FOREST LAKE ASSOCIATES, L.C., SAN MICHELE- PALM BEACH LIMITED PARTNERSHIP, AND GORDON HOMES, INC. FOR APPROVAL OF AN AMENDMENT TO ORDINANCE 4, 2000, TO PERMIT MINOR CHANGES TO THE SIZE, LOCATION, AND CONFIGURATION OF DRAINAGE EASEMENTS AND LAKES, APPROVAL OF A TEMPORARY SALES CENTER AND MODIFICATION OF SIDE AND FRONT SETBACKS FOR SELECTED LOTS WITHIN-THE 64.47-ACRE "SAN MICHELE" PLANNED UNIT DEVELOPMENT (PUD) LOCATED THE NORTHWEST CORNER OF CENTRAL BOULEVARD AND HOOD ROAD AND MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from Forest Lake Associates, L.C., San Michele-Palm Beach Limited Partnership, and Gordon Homes, Inc., for approval of an amendment to the approved "San Michele" Planned Unit Development (PUD) as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 64.47-acre site has a Residential Low (RL) land-use designation, and is zoned Residential - Low Density 3 (RL-3) with a Planned Unit Development (PUD) overlay; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Planning and Zoning Commission unanimously voted 7-0 on April 9, 2002, to recommend approval of said petition. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCI;L OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves an amendment to the "San Michele" Planned Unit Development (PUD), thereby permitting changes to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center and modification of side setbacks (Lots 66, 67, 72, 73, 77, 78, 85, and 86) and front setbacks (Lots 13, 31,32, 35, 36, 38, 39, and 40). Ordinance 20, 2002 May 17, 2002 Section 2. The City Council hereby amends Ordinance 4, 2000, to add the following conditions of approval, which shall be binding on the applicant, its successors and assigns: All landscaping shall at a minimum meet the City’s landscape requirements. (City Forester) Prior to the final Certificate of Occupancy for the sales trailer and the models, fire service water (including fire hydrants) shall be installed, inspected and approved by the City. (Fire Department) The handicap parking space shall fully comply with the requirements of the Americans with Disabilities Act (ADA) and Section 553.5041, Florida Statutes, including, but not limited to, having a handicap sign and symbol in the space. (City Engineering) The applicant, successors or assigns shall adhere to all applicable code regulations, including zoning in progress (e.g., revisions to the Code addressing temporary sales trailers). (Code Enforcement) Section 3. The City Council hereby amends Ordinance 4, 2000, by granting the following waivers with this approval: Section 78-141 of the City’s Land Development Regulations (LDRs)that requires a 25-foot minimum front setback, to allow for as little as a 20-foot front setback for lots 13, 31,32, 35, 36, 38, 39, and 40 only. Section 78-141 of the City’s Land Development Regulations (LDRs) that requires between a 9.46-foot and a 10-foot side setback for lots 66, 67, 72, 73, 77, 78, 85, and 86, to allow these lots only.to have as little as a 9-foot side setback. 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 (dates represent the date plans are received and stamped in): Master Plan PUD by Urban Design Studio, Inc., and date stamped (January 25, 2002) into the Planning and Zoning Division, Sheet SP-1 (1 sheet total). Sales Office and Garden Walk by Lang Design Group, and date stamped (March 14, 2002)into the Planning and Zoning Division, Sheet H-1 of 3 (1 sheet total). Sales Office by Lang Design Group, and date stamped (March 14, 2002) into the Planning and Zoning Division, Sheet H-2 of 3 (1 sheet total). Sales Office and Garden Walk by Lang Design Group, and date stamped (March 14, 2002) into the Planning and Zoning Division, Sheet H-3 of 3 (1 sheet total). 2 Ordinance 20, 2002 May 17, 2002 o Sales Office Planting Plan and Specifications by Lang Design Group, and date stamped (January 25, 2002) into the Planning and Zoning Division, Sheets L-1 of 2 and L-2 of 2 (2 sheets total). Modular Structure Plans by Southeast Modular Manufacturing, and date stamped (January 25, 2002) into the Planning and Zoning Division, Sheets 1 7 through 7 of 7 (7 sheets total). Central Boulevard Buffer Section C-C’ and Buffer Plan C-C’, Urban Design Studio, dated stamped 5/17/02, 2 sheets. Section 5. All other provisions of Ordinance 4, 2000, remain in full force and effect, to the extent not modified herein. 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. 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 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 COUNCILMAN DAVID CLARK VICE MAYOR CARL SABATELLO couNCILMAN JOSEPH R. RUSSO COUNCILWOMAN ANNIE DELGADO 3 Ordinance 20, 2002 May 17, 2002 ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGALDO COUNCILMAN RUSSO AYE NAY ABSENT g/jackie: san michele/misc0201 .or 4 EXHIBIT "A" Ordinance 20, 2002 April 24, 2002 I..ff3GAL DE$CR]a:v~O 1q PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE :42 EAST, PALM BEACH COUNTY, FLORtDA, BEING MORE PARTIC;UIJkRLY ¯ DESCRIBED AS FOLLOWS: ¯ COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROS~ ROAD WITH THE WE~T RIGHT,OF-WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00*48’04" WEST, ALONG SAID WEST RiGHT-OF-WAY LINE, A DISTANCE OF 380.5.0~3 FEET FOR A POINT OF BEGINNING. ¯ ¯ THENCE, CONTINUE SOUTH 00";48’04" WEST, ALONG SAID WEST RIGHT..OF-WAY’ LINE, A DISTANCE OF 1557.97 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF SAiD SECTION 36; THENCE, CONTINUE SOUTH 00°48’04" WEST, ALONG SAID WEST RiGHT-OF=WAY LINE, A DISTANCE OF "ISFJ2.07 FEET TO THE INTERSECTION THEREOF WITH THE NORTH RtGHT,-OF-WAY LINE OF .HOOD ROAD; THENCE, NORTH 88"08°02 ’’ WEST, ALONG SAiD NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 958.57 FEET .TO THE INTERSECTION THEREOF WITH THE WEST LINE. OF SAID SECTION 38; THENCE, NORTH 00~48’04’’ EAST, ALONG SAID WEST LINE OF SECTION. 3$, A DISTANCE OF 1L’~2_92 FEET TO THE NOP,.THV~ST CORNER OF SAID SECTION 35; SAID NORTHWEST CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE, NORTH 01"17’32" EAST, ALONG THE W~=ST LINE OF SAID SECTION 25, A DISTANCE OF .1569.36 FEET; THENCE, SOUTH E~g’=’t I’56" E,~,ST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 9 _._._~.95 FEET TO. THE POINT OF BEGINNING. g~ohn: misc0201.or 5 Ordinance 4, 2000 Date Prepared: May 22, 2000 ORDINANCE 4, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF FOREST LAKE ASSOCIATES, L.C. FOR REZONING OF 64.47 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND HOOD ROAD AND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) RESIDENTIAL - LOW DENSITY 3 (RL-3) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER CONSTRUCT 90 SINGLE-FAMILY HOMES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Forest Lake Associates, L.C. for approval for rezoning of 64.47 acres of land located at the northwest corner of the intersect!on of Central Boulevard and Hood Road, to Residential- Low Density 3 (RL-3) with Planned Unit Development (PUD) overlay as more particularly described Exhibit "A" attached hereto; WHEREAS, the 64.47-acre. site is currently zoned Planned Development Area (PDA); 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 "San Michele"; and WHEREAS, the City’s Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. 15 Ordinance 4, 2000 Date Prepared: May 22, 2000 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 rezones 64.47 acres of land owned by Forest Lake Associates, L.C. located at the northwest comer of the intersection of Central Boulevard and Hood Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Residential - Low Density (RL-3) with a Planned Unit Development (PUD) overlay, in order to allow the construction of single-family homes. The PUD will be known as "San Michele." 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: o o Prior to the issuance of the first building permit, the applicant shall submit a gopher tortoise relocation and management plan that is acceptable to the City and the City’s Consulting Environmental Consultant. (Planning & Zoning) Prior to the issuance of the 45 house building permit, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System (including landscaping and related amenities to City specifications, in the road shoulders and median within the right-of-way) along Hood Road and Central Boulevard, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. (City Forester) Prior to the issuance of the 45"~ house building permit, the clubhouse and pool recreation area shall be completed. (Planning & Zoning) Prior to the adjacent lot wall/fence being installed or constructed on the northern and western boundaries of the site, all perimeter buffer: landscaping or preserve restoration, exotic plant removal and/or enhancement work shall be completed. (City Forester) Prior to the issuance of the first certificate of occupancy, the applicant shall submit the Homeowners Association (HOA) documents to the City for review by the City’s legal counsel and the City Forester. The open space/landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester prior 16 o 11. Ordinance 4, 2000 Date Prepared: May 22, 2000 to final approval of construction drawings or commencement of land alteration. The City shall review the HOA documents for maintenance and management language that meets or exceeds the City’s guidelines included in the City’s Landscape Handbook and City Codes. (Planning & Zoning) The Home Owners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and read shoulders along the entire length of the development of Hood Road, Central Boulevard and the future read along the northern boundary, in perpetuity, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. The applicant, successors and assigns shall be responsible for one half of the maintenance obligation for the portion of the median installed by Gardens Presbyterian Church. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. (City Forester) The security gates shall be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). (Fire Department) The applicant shall return to the Planning and Zoning Commission and City Council, for approval of the site plan and building elevations for the proposed clubhouse, the landscaping details for the clubhouse, detailed park site and landscaping plans, and the elevations of the all signs. This approval shall be done as a miscellaneous petition, and shall not require public hearings. (Planning & Zoning) Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. (Parks & Recreation) There shall not be any man-made berming or non-native vegetation within the perimeter open spaces/parkway areas that are platted as preserves. (City Forester) No land clearing, other than exotic invasive vegetation, shall occur prior to the posting of a surety bond for the preserves and off-site landscaping. The amount of said surety bond shall 17 12. 13. 14. 17. Ordinance 4, 2000 Date Prepared: May 22, 2000 be determined prior to said land clearing. (City Forester) Pursuant to Article III, Section 114-71, entitled "Required Subdivision Improvements", prior to the issuance of the first building permit for vertical construction, the applicant shall be required to post a bond for the project landscaping/buffer and entry feature. In order to determine the cost estimate for the bond, detailed landscape plans shall be completed, reviewed and approved by the City Staff, including the City’s Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum- planting plans for a specific area may be approved. The applicant shall relocate native vegetation from on site to, and/or install native nursery stock in the north, south and east parkway/preserve areas to screen (at a minimum) 50% of the eight-foot interior wall around the project. (Planning & Zoning) Prior to the issuance of the final certificate of occupancy, the applicant, successors or assigns shall provide a bus stop pull- off and shelter completely out of the right-of-way or a bus stop turn around in front of the access control point. The size and location of the school bus stop shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall be relieved of this responsibility if the Palm Beach County School Board will allow their buses to enter this community to pick up students at the community center. (Planning & Zoning) The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) The HOA shall maintain all lakes on the site. (Planning Zoning) Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) Rear elevations of all units located along public rights-of-way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing compatible with the architectural characteristics of the front elevations of the 18 Ordinance 4, 2000 Date Prepared: May 22, 2000 18. 19. 20. homes. (Development Compliance Officer) No building permits except for the cleadng of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) The build-out date of this project is December 31, 2004 as referenced in the March 29, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built-out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) Prior to issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted within wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three-foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer and Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: o Maximum building lot coverage- Section 118-200(e), which allows a maximum building lot coverage of 35%, to allow for up to 40% building lot coverage. Minimum width for parking spaces - Section 118-475(a), which requires 10-foot wide parking, spaces, to allow for 9-foot wide parking spaces at the recreation facility. Maximum height for walls - Section 118-279(f)(1 ) which allows a maximum wall height Of 6 feet, to allow for an 8-foot wall. Minimum side setback facing a street- Section 118-200(g)(3) which requires a minimum setback of 20 feet for structures facing a street, to allow for a 10-foot setback. Minimum side setback- Section 118-200(g)(2) which requires 19 Ordinance 4, 2000 Date Prepared: May 22, 2000 a minimum setback of 7.5 feet for the 75-foot wide lots on site and 9 feet for the 90-foot wide lots on the site, to allow for a 5- foot setback. Minimum rear setback - Section 118-200(g)(4) which requires a minimum setback of 10 feet for all vertical structures, to allow for a 5-foot setback. The use of specialty pavers - the code does not address the use of specialty pavers which means that they are not permitted; therefore the applicant requests a waiver for the use of specialty pavers in certain areas of the site, in place of the City’s regular pavement requirement. 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: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-1 (1 sheet total). May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-2 (1 sheet total). May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-3 (1 sheet total). November 24, 1999 Entrance Landscape Plan, Parker ¯ Yannette Design Group, Sheet L-1 (1 sheet total). May 19, 2000 Recreation Area Landscape Plan, Parker ¯ Yannette Design Group, Sheet L-2 (1 sheet total). October 29, 1999 Plant List, Specifications and Details, Parker ¯ Yannette Design Group, Sheet L-3 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-4 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-5 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-6 (1 sheet total). May 19, 2000 Plant List, Urban Design Studio, (1 sheet total). May 19, 2000 Streetscape Plan, Urban Design Studio, Sheet L-7 (1 sheet total). May 19, 2000 Streetscape Plan, Urban Design Studio, Sheet L-8 (1 sheet total). 20 Ordinance 4, 2000 Date Prepared: May 22, 2000 13.October 29, 1999 Median Legend & Detail Sheet, Urban Design Studio, Sheet L-9 (1 sheet total). 14.May 19, 2000 Recreation Center Lighting Plan, Urban Design Studio, Sheet L-10 (1 sheet total). 15.November 24, 1999 Entrance Hardscape Plan, Parker ¯ Yannette Design Group, Sheet H-1 (1 sheet total). 16.October 29, 1999 Entrance Hardscape Plan, Parker ¯ Yannette Design Group, Sheet H-2 (1 sheet total). 17.November 23, 1999 Guard House Elevations, Wessel Associates AIA, Sheet A1 (1 sheet total). 18.May 19, 2000 Upland Preserve Map, Urban Design Studio, (1 sheet total).~ 19.February 19, 1999 Boundary and Topographic Survey, Bench Mark Land Surveying & Mapping, Inc., (2 sheets total). 20.March 3, 2000 90’ Parkway/Upland Preservation Plan A-A’, Urban Design Studio, (1 sheet total).. 21.March 3, 2000 90’ Parkway/Upland Preservation Section A-A’, Urban Design Studio, (1 sheet total). 22.March 3, 2000 8’ Buffer Plan with 20’ Proposed FPL Easement B-B’, Urban Design Studio, (1 sheet total). 23.March 3, 2000 20’ Buffer Section B-B’, Urban Design Studio, (1 sheet total). 24.March 6, 2000 60’ Central Boulevard Buffer Plan C-C’, Urban Design Studio, (1 sheet total). 25.March 6, 2000 60’ Central Boulevard Buffer Section C-C’, Urban Design Studio, (1 sheet total). 26.March 6, 2000 100’ Upland Preservation Plan D-D’, Urban Design Studio, (1 sheet total). 27.March 6, 2000 100’ Upland Preservation Section D-D’, Urban Design Studio, (1 sheet total). 28.March 6, 2000 90’ Parkway/Upland Preservation Plan E-E’, Urban Design Studio, (1 sheet total). 29.March 6, 2000 90’ Parkway/Upland Preservation Section E-E’, Urban Design Studio, (1 sheet total). 30.March 6, 2000 100’ Upland Preservation Plan F-F’, Urban Design Studio, (1 sheet total). 31.March 6, 2000 100’ Upland Preservation Section F-F’, Urban Design Studio, (1 sheet total). 32.March 6, 2000 10’ Buffer Plan with 20’ FPL Easement G-G’, Urban Design Studio, (1 sheet total). 33.March 6, 2000 10’ Buffer Section with 20’ FPL Easement G-G’, Urban Design Studio, (1 sheet total). 21 Ordinance 4, 2000 Date Prepared: May 22, 2000 34. 35. 36. 37. 38. May 19, 2000 Wall and Fence Location Map, Urban Design Studio, (1 sheet total). March 6, 2000 Typical Cul-De-Sac Planting (North End), Urban Design Studio, (1 sheet total). March 6, 2000 Typical Cul-De-Sac Planting (South End), Urban Design Studio, (1 sheet total). March 29, 1999 Traffic Impact Analysis for Frankel Residential (Parcel 4.08), Kimley-Horn and Associates. May 19, 2000 Conceptual Parks and Landscape Enhancement Plans, (1 sheet total). SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 3 rd DAY OF FEBRUARY 2000. PLACED ON SECOND READING THIS M/~~r’~S~-~l R. RUSSO VICE MAYOR ERIC JABLIN COUJ~CILWOMAN LAUFJE~ F_URT~,DO ~5"OUNCILMAN DA~. RK COUNCILMAN CARL SABATELLO / DAY OF/~, 2000. ,4 DAY OF ~ 2000__. 22 ATTES~Y: CAROL GOLD (~ INTERIM CITY CLERK APPROVED AS TO LEGAL CITY ATTORNEY VOTE:AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK ~, COUNCILMAN SABATELLO g~ohn:pud9903.or6 Ordinance 4, 2000 Date Prepared: May 22, 2000 NAY ABSENT 23 Ordinance 4, 2000 Date Prepared: May 22, 2000 EXHIBIT "A" ~’~AL DESCRIFI~ON PARCEL ON CENTRAL BOLII _IE~ARD A PARCEL OF LAND LYING IN SECTIONS 25 AND 36, TOWNSHIP ~tl SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD WITH THE WEST RIGHT-OF=WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00’~8’04" WEST, ALONG ~JD WEST RIGHT-OF-WAY LINE, A DISTANCE OF 3605.06 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00’48’04" WE~T, ALONG 8AID WEE~T RIGHT-OF-WAY MNE, A DISTANCE OF 1657.97 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF SAID SECTION 36; THENCE, CONTINUE SOUTH 0046’04" WEb’T, ALONG 6AID WEST RIGHT-OF.-NVAY UNE, A DISTANCE OF 1392.07 FEET TO THE INTERSECTION THEREOF WITH THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD; THENCE, NORTH 88"08’02" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 958.57 ~ TO THE INTERSEG3"ION THEREOF WITH THE WEST LINE OF SAID SECTION 36; THENCE, NORTH 00°48’04" EA~To ALONG SAID WEST UNE OF SECTION 36, A DISTANCE OF 1~?-g2 FF _I~’TTO THE NORTHWEST CORNER OF ~JD SECTION 36; SAID NORTICWEb~i" CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE, NORTH 01°17’32" EAST, ALONG THE WE;ST UNE OF SAID SECTION 25, A DISTANCE OF 1569.:36 FEET; THENCE, SOUTH 69~I-1’56" F..A~T, DEPARTING 6AID WEST LINE OF SECTION 25° A DISTANCE ~.F g4~t]5 FEET TO THE POINT OF BEGINNING. 24 To: From: Date:May 17, 2002 Subject:San Michele PUD Amendment r 3n eslan Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics As you requested, please find attached 8 copies each of an amended Buffer Section and Plan view for the C-C buffer along Central Blvd at the San Michele PUD. This buffer section has been reduced in width as a result of modifications required by the Unit 2 Drainage plan. As part of our PUD modification request, we have asked that the 8 foot wall which was previously approved for a portion of the frontage be allowed to be extended through this area to provide for an appropriate screen for the homes along the lake. This C-C buffer section is proposed .to include plant material which blends the proposed entrance to the north with the native buffer to the south. The wall will be screened with the use of multiple layers of plant material including Sable Palms, Ligustrum Trees, Wax Myrtle, Buttonwoods, Cocoplum, grasses and groundcovers. The inside of the wall will also be planted with palms and grasses. In addition to the buffer section attached please find a setback comparison chart which identifies the front setbacks previously approved for Mirasol, BallenIsles, and PGA National. With the exception of a very fe w parcels they have been approved with front setbacks for front entry garages at 20 feet and side entry garages at 15 feet. Historically, Planned Developments were not required to request front setback waivers if they were consistent with the Minimum Engineering Guidelines and Standards for Planned Developments found in Section 78 of the Land Development Regulations. It is only through recent interpretation of the code that a waiver request was found to be necessary. The LDR Planned Development Guidelines allow for 20 foot Front setbacks for Front Entry Garage Setbacks and 10 foot setbacks for Side Entry Garage/Building Setbacks. This request is for only 8 of the 90 lots within San Michele to be allowed to reduce the front setback to 20 feet for both front and side entry garages. The reduced lot depth on these lots was a result of an increase in the size of the Central Blvd. Buffer and Preserve area when the PUD was originally approved. The setback reduction will, in reality, be for only a portion of the home. The 5 custom home model options proposed for construction on these lots include 3 side loaded garages options which places the majority of the frontage of the house at a much greater setback than the 20 feet proposed for the side of the garage. (Examples are attached.) 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Ms. Jackie Hollowman Page 2 May 17, 2002 To summarize, the front setback waiver request: Is less than what has been previously approved for similar projects in the City. Is consistent with the Guidelines for Planned Developments in the code Is only for 8 of the 90 lots within the development Is in most cases for only for a portion of the home facade Is in keeping with the standards established by previously approved projects with regard to consolidation of surrounding open space and reduction of setbacks. Will allow the developer to provide varied front elevations and a more desirable street frontage. Thank you for your assistance in the processing of this application, please let me know if you have any additional questions or need any additional information. 84102/2002 08:57 5E17475748 UDS BOOTH PAGE 02 SAN MICHELE PUD W~lver Justification Statement March 8, 2002 The LDR’s encourage the use of clustering units and the transfer of development rights to the upland areas in an effort to consolidate and preserve open space. This consolidation of open space benefits the community as a whole. In turn for the preservation of open space, it is the intent of the LDR’s that the developer should be allowed flexibility in the application of Land Development Regulations. Deviations from standard setbacks and other Land Development Regulations have been facilitated through the site plan approval as part of the Planned Unit Development District waiver approval process. In turn for an applicants agreement to bind their land and subject themselves to conditions of approval, the City provides for and encourages ingenuity, flexibility and imagination in the design of land within the Planned Unit Development regulations. In that the Planned U~it Development regulations were created with this concept in mind, specific land development regulations were not included in the PUD- Planned Unit Development regulations at its inception. The proposed development plans for San Michele are consistent with other previously approved single family parcels within PUD’s and PCD’s throughout the City as well as the intent of the Planned Development District regulations. The Code requires 40% of the PUD to be preserved as Open Space. San Michele provides for over 74% of the PUD in Open Space. The gross density of San Michele is only 1.36 du’s/ac. In comparison, PGA National, has 46% open space with a gross density of 2.24 du’s/ac and Ballenlsles has 52% open space with a gross density of 1.8 du’s/ac. All lots within this application abut open space in the form of water or preserve. Water and preserve frontage provides for a feeling of open space around the units as well as limited access to both ends of the lot. We believe that the design of this project is consistent with previously approved projects in the City, is consistent with the intent and purpose of the Planned Development regulations, and is consistent with comparable development standards within other communities. For the~ reasons we feel the requested waivers should be approved and respectfully request your support. In that a Planned Unit Developmem District does not have specific land development regulations, we have been asked to select an appropriate "underlying" zoning district for the purposes of comparing the proposed development plan with standard zoning regulations. The purpose of the comparison is to identify any deviations that may be proposed from the standard setbacks. We have selected the RL-3 Residential Low Density District as the most appropriate zoning district for comparison purposes. The proposed development is requesting the following waivers from the Land Development Regulations: 84182/2882 88;57 5617475748 UDS BOOTH PAGE 83 FRONT SETBACK (Building - Lots 13, 31, 32, 35, 36, 37, 38, 39, and 40) The applicant would Eke to request a waiver from Section 78- 141 Residential Zoning district Regulations - RL-3 Residential Low Density District, Table 10, - Minimum Building Setback - Front, which requires a setback of 25’. The code includes guidelines which provide for the reduction of front setbacks. The guidelines, lbund in the Part IV. Design Standards of the Subdivision Code, Figures 18 and 19, allow for a front setback of 10 feet for side loaded garages and 20 feet for front loaded garages. The proposed setback of 20’ (5’ waiver) i,s consi,stent with these guidelines. In order to provide comparable and consistent housing options, a typical building footprint has been developed for the 75’ wide lots. The majority of the 75’ wide lots have a lot depth of 150’. All of the above referenced lots, with the exception of Lot 13 which has an unusual configuration, have a lot depth of 140’. The proposed front setback of 20 feet will be offset for each unit by the variations in the front elevations. For the majority of house models less than 40% of the home will be setback at the 20’ line. The balance of the home will be setback in excess of the 25’ required setback. SIDE SETBACK (Building, Screen, Accessory Structures - Lots 66, 67, 72, 73, 77, 78, 85, and 86 only) The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RL-3 Residential Low Density District, Table 10, - Minimum Building Setback - Side, which requires a side setback of 7.5 feet or 10% of the lot width, which ever i.s greater. Under standard zoning regulations the side setback requirement for standard 90’ wide lots would be 9 feet on each side of the lot. As a result of the increa,~ in the width of the adjacent drainage easements, the land area available for development i.s reduced by 5 feet. This condition makes the standard side .setback difficult to meet. The waiver request is to allow a 9 foot ~tback on the "non easement side" of the lot. The waivers range in width from .,*6 feet to 1 foot. Setbacks on the "easement" side of the lot will be a minimum of 15’ as a result of the width of the easement. Palm Bea(:h Gardens, Florida Buffer Plan C-C’ o. Parcel 4.08 Buffer Section Buffer Section C-C’ 8 /~ 90~d 9#~ 9~ T9£:×~9 [98:~! OT:ST ~0, 0~/£0 S~S’oN 9719~ | I ¯¯¯¯li Jill ¯¯¯¯¯I ¯ FUllJR~ 80" ROW m Parcel, Palm Beach Gardens, Florida ~~-~~ MASTER~N PUD.Sheet SP 1 ~"~’~"~ " > > 1N3i~3S¥3 33NVN31NI¥IN 3)tV7 iN31~3SV3 33NVN3J.NIVIal 3NVI oi;£ Sales Office and Garden Walk Lots 47 & 87 Gordon Homes [] ¯ [] mm ~mm [] [] )mm ))mi ,) mm ~n []~’|1~ [] ~lnn~ [] []~ Imm~ Sales Office Lot 47 Gordon Homes // [] ¯ [] Nm ~li [] [] ~Ui ~ii[] mum +4 ¯ []nm [] mmm [] I| [] ~;; tl es Office Lot 47 Gordon Homes. ~i ~~ in [] | Imm@) i) mm@ []~ Imm~ Sales Office and Garden Walk Lots 47 and 87 Gordon Homes [] ¯ [] mm ))mn [] [] )mm ~)mm [] mm ¯ 161i I1211 1611 Pin-mounted cut letters Typeface: Minister Bold PRECAST WALL CAP S~ 3C0 FII~ ;HED GRADE TEMPORARY SALES CENTER SIGN ENTRANCE ELEVATION 1/25/02 Prepared by: Cotton and Company 50 Kindred Street Suite 303 Stuart, FL 34994 COLOR SPECIFICATIONS: Stucco Wall - Benjamin Moore - 2153-70 Precast Wall Cap - Benjamin Moore - 2154-60 San Michele Letters - Black Logo Spot - 4/color Digital Print Ir--1 r- STERLING COMMUNITIES SMM SERIAL # 9656 FI FVATIQNR Southeast Modular Manufacturing 2500 ~NDUSTRIAL STREE~ LEESBURG, FLORIDA 34748 STERLING COMMUNITIES FLDDR PLAN CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 5/14/02 Meeting Date: 5130102 Subject/Agenda Item: Conceptual study and design for roadway improvements and traffic calming on MacArthur Boulevard. Recommendation/Motion: Staff providing the attached for Council’s information. Council Action:Reviewed by: City Atto~ Finance Dire/~ Other Originating Dept.: City Manager’s Office Advertised: Date: Paper. Submitted by: Department Director Affected parties Approved~..~ ~bY:/f [ ] Notified [ X ] Not required [ X ] Not Required ~Costs: $ 85,500 (Total) $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum Proposal [ ] None wl BACKGROUND: See attached report. CITY OF PALM BEACH GARDENS MEMORANDUM TO:Mayor and Council APPROVED: Ron Ferris, City Manager FROM: SUBJECT: DATE: May 14, 2002 Sheryl Stewart, Assistant to City Manager ~ Conceptual study and design of roadway improvements and traffic calling for MacArthur Boulevard At the Council meeting on May 2, 2002, staffwas directed to bring this item back for the full Council to discuss. Background On January 17, 2002, a neighborhood complaint was received regarding traffic concerns. Cut through traffic, volume and speed were identified as the primary issues. On February 20, 2002, the Rapid Response Team meeting was convened with citizens throughout the neighborhood and staff. At the meeting, staff received a petition with 45 signatures of residents who opposed the installation of several stop signs that had been requested by another group of residents. As a result of the meeting, several actions have taken place. On March 22, 2002, seven "no through truck" signs were installed throughout the neighborhood, and two flashing school zone signs were installed for Howell Watkins Middle School. The Police Department has conducted traffic counts, and increased enforcement of current traffic signs, signals and speed limits in Plat One. Based on staff’s request, the Pall Beach County School Board has changed all the bus routes for Howell Watkins Middle School so that they travel out to Northlake Boulevard, except for buses traveling with special education students. At the Council meeting on April 4, 2002, a City Traffic Calming Policy was discussed. The policy will be presented for Council approval on the May 16th Agenda. In addition, a meeting was held with Commissioner Karen Marcus who identified $250,000 in County dollars this year, and discussed the possibility of more dollars being made available next year for traffic calming and landscaping along MacArthur Boulevard. The City would be required to cover drainage work and maintenance costs. During the meeting with Commissioner Marcus, it was decided that. the City Engineer, Dan Clark, would prepare an estimate cost for the design and engineering services related to roadway improvements and traffic calming. Discussion The City Engineer has estimated that the study and design work for MacArthur Boulevard for roadway improvements and traffic calming would cost $85,500, as outlined in the attached proposal. The City would be required to pay for the study and design; the County dollars can only be used for landscaping and traffic calmina. There are several issues that need to be addressed before proceeding further with the proposed project. The first question is whether staff should implement the project, and if so, how would the project be funded for both the study and design phases. Secondly, if the study and design are completed, the question becomes whether they should be constructed and how to fund the construction costs. The City Engineer has estimated construction to cost approximately $1,000,000 based upon FDOT construction standards. Staff is bringine this report to Council’s attention at this time for informational purposes. However~ to clarify~ staff recommends that we proceed with scheduline a Rapid Response Team meeting to also present this information to the residents in the neighborhood so that they are aware of these costs. With proper notification, this meeting could be held by mid June. As a result, the residents will be more informed as well as involved with the process of finding potential alternative solutions. Attachments Rapid Response Team (RRT) MacArthur Boulevard Traffic Concerns Timeline Action Timeline Date Status 1.Received complaint from resident. 2.First meeting with RRT, including resident. 3.Notices out to residents regarding public meeting. 4.Second meeting with RRT, staffto prepare for public meeting. 5.Public meeting of RRT with residents. 6.Third meeting with RRT staffto review. task assignments, issues and solution alternatives. 7.Materials for flashing school zone sign obtained. 8.Report to City Council. 9.Letter to FDOT to advise that the City is installing no through truck signs. 10.Materials for no through trnek signs obtained. 11.Staff to write letter to Palm Beach County School Board to request consideration of an alternative route for empty school buses to travel upon leaving Howell Watkins Middle School other than local streets after students are dropped off. 12.Staff to write letter to Palm Beach County Traffic Division to ensure the synchronization of the traffic lights on Northlake Blvd. between Alt. A1A and Military Trail are such that traffic is cleared off of MacArthur Blvd. as quickly as possible. 13.Meet with County Commissioner Marcus’ office to discuss County assistance with traffic calming. 14.Send status report to residents. 15.Installation of no through truck signs and flashing school zone signs (locations listed below). 16.Traffic calming policy to City Council for discussion. 17.Resolution for Council adoption to encourage County to place Congress Avenue extension to Alternate A1A in its Five Year Road Plan (CIP). 18.Revise traffic calming policy based on review and comments by Council and staff. 19.City Council to adopt traffic calming policy. 20.Pending policy adoption, traffic calming evaluation will be done to determine extent of problem (must determine who will do evaluation and funding source for evaluation). 21.Pending evaluation results, plan meeting with residents to give findings of the evaluation. 1/17/02 1/25/02 1/31/02 2/12/02 2/20/02 3/5/02 3/5/02 3/7/02 3/8/02 3/8/02 3/11/02 3/11/02 3/14/02 3/15/02 3/22/02 4/4/02 4/4/02 4/18/02 5/30/02 6/13/02 6/13/02 Complete Complete Complete Complete Complete Complete In City Line Spring edition Complete Complete Complete In progress CONSULTING CIVIL ENGINEERSI SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTI~WATER TRANSPORTATION SURVEYING & 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 April 22, 2002 File No. 99-4052 Sheryl Stewart, Assistant to City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re:Work Authorization for Macarthur Boulevard, Palm Beach Gardens, Florida. Dear Ms. Stewart: In accordance with your request, LBFH, Inc. is pleased to submit our proposal to provide Engineering Services related to roadway enhancements for the proposed improvements to Macarthur Boulevard located within Palm Beach Gardens, Florida. Based on our understanding of the project and funding, we will attempt to minimize the impact to the area and the local community. The project will explore different alternatives to improve traffic conditions and safety within the corridor, enhance the area with suitable landscaping to promote pedestrian usage, improve drainage conditions, reduce unnecessary impervious areas and provide lighting as required. Attached for your review is our Exhibit A, Scope of Services. Our work can be performed in accordance with our current Agreement for Services with the City. For budgeting purposes, we have estimated the costs for performing each of the tasks presented in Exhibit A. If it appears as though our estimated amounts will be exceeded, we will notify you immediately. We will not perform additional work on the project without your prior approval. If this proposal is acceptable to you, please sign and date both copies of the Work Authorization, and return a copy to us as our Authorization to Proceed. If you have any questions or require additional information, please do not hesitate to contact us at (561) 684-3375. Very truly yours, LBFH, Inc. Cesar A. Oomez Client Service Manager Page 2 of 2 Agreement for Macarthur Boulevard Enhancements Project Palm Beach Gardens, Florida Approved: LBFH, Inc. Approved: City of Palm Beach Gardens (Hereinafter: CITY) Daniel P. Clark, Vice President Date: Enclosures In Duplicate C:~DOCU ME- 1 ksu e-t\LOCALS- 1 \Temp\Macaertur-cover3.doc 2 EXHIBIT A LBFH, Inc. -City of Palm Beach Gardens Work Authorization Proposed Improvements to Macarthur Boulevard for the City of Palm Beach Gardens, Florida LBFH Inc. will perform the following work in two phases: Study and Design. These phases will include the following: Study Preliminary Work and Data Collection Geotechnical Investigation Preliminary Plan Public Involvement Meetings/Coordination Approval By the City Council Cost Estimate Desi_cln Construction Plans Drainage Design/Modeling Utility Coordination Final Landscape Design Final Lighting Design Permitting Final Cost Estimate Route Surveying Task 1: Preliminary Work and Data Collection: LBFH, Inc. will conduct site visits, attend meetings with City staff and convene weekly progress meetings with subconsultants. We will review available plans and other record data pertaining to the site as provided by the City. Estimated Fee: $2,500 Task 2: Geotechnical Investiqation: LBFH Inc. will Work Authorization with a licensed subconsultant to conduct geotechnical engineering evaluations and subsurface soil explorations. More specifically, the subconsultant will perform soil borings along the roadway as required to determine sub-soil conditions for roadway use. In addition, he will conduct permeability testing within the corridor to determine percolation characteristics of the soils. Laboratory Testing - Routine laboratory visual classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents. Engineering Analysis and Report - Engineering analysis of all data obtained will be made to evaluate general subsurface conditions and to develop engineering recommendations to guide site preparation and roadway support. The evaluation of the subsurface conditions and the recommendations for the roadway, together with all data developed during the exploration, will be submitted in a written report. Estimated Fee: $4,000 Task 3: Preliminary Plan: LBFH will prepare a preliminary plan that shows proposed roadway improvements along Macarthur Boulevard for two alternatives. The plans will include chicanes, calming features, on-street parking, wider medians, raised paver-crossings, median islands and bulbout islands. The plans will be developed on existing aerials and use existing topographic information when available. The plans will take into consideration the topographic features in the area, local input from the community (already received during the previous public meetings), input from City staff (Public Works Planning),and regulatory requirements to meet the City Land Development Regulations and other jurisdictions as necessary. The two alternatives will be prepared in plan including conceptual landscaping and one section will be prepared for each alternative plan including conceptual landscaping. The landscaping will be consistent with the City’s proposed roadway beautification standards. Each of the alternative plans and sections will be presented as a colored exhibit for use in future tasks. Estimated Fee: $11,000 Task 4: Public Involvement Meetinqs/Coordination: LBFH, Inc. will prepare for and attend three public meetings with City staff. It is assumed the City will arrange for and notice the public meetings and that they will be small groups focused on individual communities. We will also hold one meeting with FDOT and two meetings with Palm Beach County staff including the North County commissioner to coordinate and to receive input on the alternative plans. Estimated Fee: $2,500 Task 5: Approval By the City Council: The alternative plan(s) will be presented to the City Council/City representatives for final approval. Estimated Fee: $2,500 Task 6: Cost Estimate: LBFH will prepare a planning level Engineer’s Estimate of Probable Cost for the roadway improvements based on the Council approved plan. Estimated Fee: $1,500 Tasks 1 through 6 represent the Study phase of the Macarthur Boulevard planning and design efforts. Total estimated lump sum costs for these tasks is $24,000. Tasks 7 through 14 represent the Design Phase of the work. Task 7: Route Surveyin.q: LBFH, Inc. will coordinate the performance of a topographic survey of approximately 3000 feet of roadway. The topographic survey will consist of establishing horizontal and vertical control, obtaining cross sections every 100 feet, locations of existing structures and above ground utilities, locations, sizes and types of existing trees and preparing a sketch of survey to support the design effort. Estimated Fee: $6,500 Task 8: Construction Plans: LBFH Inc. will prepare construction plans and specifications for the improvements to Macarthur Boulevard. The construction plans will incorporate the comments and/or approvals to the preliminary plans. Our plans will include the following as needed: ¯Project location key sheet ¯Typical Sections General Notes/Pay Items Footnotes/Tabulation of Quantities ¯Plan/Profile Sheets ¯Cross sections ¯Calming measure details ¯Drainage structure sheets ¯Signing and pavement marking plans Estimated Fee: $22,500 Task 9: Drainage Design/Modeling: LBFH, Inc. shall develop a hydraulic model for existing conditions of the project and contributing area and evaluate the proposed improvements. This task will include area calculations, stage vs. storage calculations and the preparation of a Stormwater Management Report suitable for submittal to the South Florida Water Management District. Estimated Fee: $5,500 Task 10: Utility Coordination: LBFH Inc. will coordinate with all existing utility owners within the Macarthur Boulevard Right-of-Way. LBFH will request that these utility companies =redline" the layout with pertinent facilities (existing and proposed) within the general limits of construction. Upon receipt of the "rodlined" plans, LBFH will incorporate the information onto the construction plans and will make provisions in the design to accommodate or minimize potential conflicts. Estimated Fee: $3,500 Task 11: Final Landscape Design: LBFH, Inc. will coordinate the preparation of final landscape plans for the preferred alternative of Macarthur Boulevard suitable for submittal to the City of Palm Beach Gardens Plans approval process. The scope of services will include developing final landscape plans that meet engineering requirements for roadway projects. The plan(s) will be presented to the City/City representatives for review and approval. The design will be based on the City approved conceptual plan and will comply with all of the City requirements. The plan will be at a scale to be determined by the Landscape Architect and will comply with all City requirements. Final landscape plans will address and incorporate comments from the City limited to: ¯ Street trees ¯ Planting quantities and specs ¯ Accent palms ¯ Shrubs and ground cover ¯ Planting details The landscape design will include preparation of final irrigation plans, notes and specifications, including submitting for a SFWMD consumptive use permit for irrigation water and responding to one RFI. Estimated Fee: $6,500 Task 12: Final Liclhtin¢l Design: LBFH will prepare plans, details and specifications for a new lighting system, or additional street lighting within the project limits. The scope of services will include coordination with LBFH, FP&L, and School representatives. The engineering design will include a photometric analysis report of the proposed lighting system. The plans will identify pole removal and installation of new ones, location of service points, conduit size and material, summary of quantities, special provisions and details of decorative lighting if required. Estimated Fee: $7,500 Task 13: Permittinq Services: LBFH, Inc. shall prepare, on behalf of the CITY, the following applications for the proposed improvements: An Environmental Resource Permit (ERP) for submittal to the South Florida Water Management District (SFWMD). The permit will include Macarthur Boulevard drainage areas and any other historical offsite drainage. If SFWMD requires extending drainage areas beyond those historical areas, additional service fee will be required. This includes submittal of the application and response to one RFI letter. Estimated Fee: $4,500 Task 14: Final Cost Estimate: LBFH, Inc. will prepare a final estimate of cost for the proposed improvements for submittal to the City of Palm Beach Gardens upon completion of the Construction Plans and Short Form Specifications. Note that all permits will need to be secured prior to our preparation of the cost estimate. Estimated Fee: $2,500 REIM: Direct Expenses: This item includes any direct, non-salary expense including but not limited to photocopies, blueprints, out-of-office reproduction or photographic services, long distance telephone calls, special mailing or delivery services, Work Authorization services authorized by the CITY and special materials. Estimated Fee: $2,500 Tasks 7 through 14 represent the Design phase of the Macarthur Boulevard planning and design efforts. Total estimated lump sum costs for these tasks is $61,500 Authorize Study Phase: $24,000 City Manager Date Authorize Design Phase: $61,500 TOTAL ESTIMATED AMOUNT (Both Phases): $85,500 City Engineer Date City Manager Date City Engineer Date G:\Cesar-G~Agreement for Services Macarth.doc SPECIAL PROVISIONS The following Special Provisions shall qualify or supplement any provision in this Work Authorization, and shall override and take precedence over any provisions with which they may be in conflict: 1.The Time and Expense estimates are based on past experience on similar tasks for similar projects. However, these estimates may need to be revised based on the individual characteristics of this project subsequent to initiation of services by LBFH. Prior to providing services beyond the level of effort represented in the estimated fee for Time and Expense items, LBFH will inform the CITY of the status of the estimated budget to agree upon either additional fees or a reductions of the Scope of Services provided by LBFH. 2. The City shall provide all permit application fees. The Preliminary Plan approved by the CITY or their representatives shall be signed, or otherwise acknowledged as approved, by the CITY or their representatives. Any substantial changes affecting the intent of the approved Design requested or required by the CITY that results in additional work by LBFH shall be subject to payment by the CITY on a ’qime and Expense" basis, unless otherwise agreed upon by LBFH and the CITY. The CITY shall designate, in writing, a person to act, as the City’s representative with respect to the services to be rendered. Such person shall have complete authority to transmit instructions, receive information, interpret and define the City’s policies and decisions with respect to LBFH’s services for the project. o The CITY shall assist LBFH, by placing at LBFH’s disposal, all available information pertinent to the project including previous reports, surveys and any other data relative to the design or construction of the project. 6. The location of jurisdictional wetlands, if any, is not included in this Scope of Work. 7.This Work Authorization provides for the preparation of a two-phase project. Additional phasing shall be compensated for in accordance with a subsequent Work Authorization. This Scope of Work does not include the following services: An environmental site assessment of the property or facilities to be demolished to determine the existence of hazardous materials and/or petroleum products. ¯An environmental audit to determine the existence of protected species of fauna and/or flora. ¯A traffic impact study. ¯Offsite utility or roadway improvements. ¯Design of new restroom facility. ¯Decorative landscape lighting. 9.Hydrogeological studies or groundwater modeling is not inctuded. 10.Saltwater intrusion analyses is not included. 11.Pump station design is not included. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum ~ Meeting Date:May 30, 2002 Date Prepared:May 14, 2002 Subject/Agenda Item: Council discussion to consider an increase in Occupational License Tax and amendments to the occupational license codes. Recommendation/Motion: If Council approves further action, an equity study commission will be created to recommend increased license fees and amendments to the license code. Reviewed by:~ City Attorne~~ Finance Other Sub~mitted by: Growth Mgt. Director City’Mafiagef Originating Dept.: Growth Management Kelvin L. Wise, Code Enf~rcemen~,~e~isor COde Enforcement Division Advertised: Date: Paper: [X] Not Required Affected parties ~lq~fi~ed [] Not required Costs: $ N/A Total $ N/A Current FY Funding Source: [] Operating [] Other Budget Acct.#: Council Action: [] Approved [] Approved w/conditions [] Denied [] Continued to: Attachments: 1.City Code Section 2.Florida Statute 205.0535 3.Review Process Flow Chart [] None BACKGROUND: The City last amended its occupational license fee structures in 1981 as authorized in Florida Statute 205.0535(2). Subsequent amendments to the occupational license codes have focused on specific areas such as home occupations and multiple business categories (Ordinance 23, 1997). City Council Meeting Date: May 30, 2002 Preparation Date: May 14, 2002 ANALYSIS: Staff surveyed the occupational license codes in the Villages of Wellington, Royal Palm Beach and North Palm Beach, the City of Boca Raton and the City of West Palm Beach and compared them to our codes to determine whether our license fees, license categories and regulatory capabilities were comparable. 1.Twenty years have passed without an increase in the occupational license tax. Staff recommends a review of fees at least every ten years. The surveyed municipalities review their fees approximately every five to ten years. 2.The increase in entrepreneurship has resulted in the creation of new business categories that are not specifically described in the current occupational license codes. Many of these new businesses such as mobile auto detailing services or mobile deejay services are licensed as "any other occupation, not otherwise listed" category under the current code. Staff recommends new categories be considered to specifically designate licensees and reduce dependency on this miscellaneous category. 3.The City has not recovered occupational license revenue on vending machines as provided for in the current code. Exact numbers of vending machines in the City and the amount of lost revenue is unavailable; however, staff believes this amount to be significant. A citywide survey for unlicensed machines is necessary to begin to address this issue. 4.The City should recover occupational license revenue for supplementary uses to retail businesses (bakeries, photofinishing labs, pharmacies, etc). The current licensing procedure defines these uses as part of the primary use of the business. Research indicates that they may be considered as secondary uses to the primary use and therefore, eligible for an occupational license. Staff has determined that these secondary uses are inspected and licensed in the same manner as the primary use. 5.Staff believes that issuance of an annual certificate of use would be an effective enforcement mechanism to improve compliance levels. The occupational license tax is not a regulatory tax; consequently, the City has limited enforcement options for businesses that habitually violate the code. The City, however, may consider an annual "Certificate of Use. " This process is similar to the initial review and approval process of new licensees contained within the current code. It has also been successfully implemented in other municipalities such as the City of West Palm Beach and the City of Boca Raton. Staff recommends language requiring the issuance and renewal of a certificate of use be added to the licensing code. An amendment to the code requiring the issuance of a certificate of use may be addressed at the staff level if Council so desires. Florida Statute 205.0535 gives municipalities and counties the authority to reclassify certain businesses, professions and occupations and to establish new rate structures by ordinance. Staff’s research indicates that the majority of the surveyed municipalities have revised, and increased their occupational license fees within the last four years. In compliance with the governing statute, City Council Meeting Date: May 30, 2002 Preparation Date: May 14, 2002 municipalities and counties shall establish an Equity Study Commission (ESC) by resolution. The ESC may be selected from the following areas of the business community to provide objective and professional input: 1.Downtown business 2.Hotel/Motel business 3.Retail/Wholesale business 4.Manufacturing business 5.Service/repair business 6.Professionals 7.Chamber of Commerce The ESC shall meet regularly with the staff liaison, Code Enforcement Supervisor Kelvin Wise during the survey or study period established by Council and shall submit its recommendation to the Council for consideration. The survey or study period shall be established by Council and may extend for up to six months from adoption of the resolution. RECOMMENDATION: Staff recommends that Council establish an equity study commission for the review of current occupational licensing fees, categories and authorize staff to amend the code requiring the issuance of a certificate of use. Chapter 66 TAXATION* Secs. 66-1--66-35. Reserved. Article I. In General Sec. 66-36. Sec. 66-37. Sec. 66-38. Sec. 66-39. Sec. 66-40. Sec. 66:41. Sec. 66-42. Sec. 66-43. Sec. 66-44. Sec. 66-45. Sec. 66-46. Sec. 66-47. Sec. 66-48. Sec. 66-49. Sec. 66-50. Sec. 66-51. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 66-52. 66-53. 66-54. 66-55. 66-56. 66-57. 66-58. 66-59. Sec. 66-60. Sec. 66~61. Sec. 66-62. Sec. 66-63. Sec. 66-64. Sec. 66-65. Sec. 66-66. Sec. 66-67. Sec. 66-68, Article H. Occupational License Definitions. Levy restricted. Required; duration. When due and payable; credit to current license holders. Delinquent payments; penalty. Transfer of license. Tax required for each location. Duplicate licenses. Posting of license. Evidence of engaging in business. Engaging in business without license or upon false statements. Termination upon adjudication of benbruptcy and the like. Report of information by taxpayer to city; investigation and inspection. Enforcement; assistance from the chief of police. Compliance. Business falling into more than one classification to meet requirements of each. Classification of self by owner of established place of business. How tax construed as to professions. Tax on interstate business done within state only. Liability insurance required; expiration dates, cancellation. Certificate of occupancy; zoning regulations. Certificate of competency; exeminations for licenses. Professions; state licensure prerequisite to city license. Exemption allowed certain disabled persons, the aged, and widows with minor dependents. Exemptions for disabled veterans. Sale of farm products. Mobile home setup operations.~--~-~ Religious tenets; exemption. Charitable, etc., organizations; occasional sales, fundraising; exemption. Merchant category. Requirements by applicant for license prior to issuance. Right to amend licenses unaffected. Fee schedule. Secs. 66-69~66-90. Reserved. *Charter reference--Finance and taxation, arts. XI, XIX. Cross reference---Finance, § 2-291 et seq.. State law reference---Finance and taxatio.n, F.S. § 166.101 et seq. Supp. No. 10 CD66:1 PALM BEACH GARDENS CODE Article III. Insurance Premium Tax Division 1. Generally Secs. 66-91--66-110. Reserved. Sec. 66-111. Sec. 66-112. Secs. 66-113 Division 2. Tax levy; amount. When due and payable. 66-135. Reserved. Casualty Insurance Division 3. Property D~mage Insurance Sec. 66-136. Tax levied; amount. Sec. 66-137. When due and payable. Secs. 66-138~66-150. Reserved. Article IV. Special Assessments for Capital Improvements Division 1. Introduction Sec. 66-151.Definitions. Sec. 66-152.Interpretation; title and citation. Sec. 66-153.General findings. Sec. 66-154.Alternative method. Secs. 66-155--66-160. Reserved. Sec. 66-161. Sec. 66-162. Sec. 66-163. Sec. 66-164. Sec. 66-165. Seco 66-166. Sec. 66-167. Sec. 66-168. Sec. 66-169. Sec. 66-170. Sec. 66-171. Sec. 66-172. Sec. 66-173. Division 2. Assessments Creation of assessment areas. Assessments. Initial assessment resolution. Assessment roll. Notice by publication. Notice by mail. Adoption of final assessment resolution. Annual assessment resolutiom Effect of assessment resolutions. Lien of assessments. Revisions to assessments. Procedural irregularities. Correction of errors and omissions. Secs. 66-17d 66-190. Reserved. Sec. 66-191. Sec. 66-192. Sec. 66-193. Sec. 66-194. Division 3. Collection of Assessments Method of collection. Alternative method of collection. Responsibility for enforcement. Government property. Supp. No. 10 CD66:2 TAXATION secs. 66-195~66-210. Reserved. Sec. 66-211. Sec. 66-212. Sec. 66-213. Sec. 66-214. Sec. 66-215. Sec. 66-216. Sec. 66-217. Sec. 66-218. Sec. 66-219. Division 4. General authOrity. Terms of the obligations. Variable rate obligations. Temporary obligations. Anticipation notes. Taxing power not pledged. Trust funds. Remedies of holders. Refunding obligations. Issuance of Obligations Supp. No. 10 CD66:2.1 TAXATION § 66-36 ARTICLE I. IN GENERAL Secs. 66-1--66-35. Reserved. ARTICIIE II. OCCUPATIONAL LICENSE* Sec. 66-36. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Merchandise means any goods, wares, commodities, and items more specifically enumer- ated hereinbelow, bought or sold in the usual course of business or trade. Merchant means any person engaged in the business of selling merchandise at retail or wholesale, and when used in this article shall include manufacturers and distributors of bottled soft drinks, ice cream, bakery products, artificial stone manufacturers, marble, granite or stone works or stone cutters, coffee roasters, job printers; and shall include manufacturers and distributors not otherwise specifically provided for in this article and shall include undertakers and other service establishments, including professions, whose gross receipts include the sale of merchandise as defined herein, processors, such as blenders of feed or flour, planers or shapers of lumber, and other persons who do not create an entirely new or different article, shall be deemed merchants for the purpose of this article. Retail merchant means any merchant who sells to the consumer or for any purpos e other than resale, except sales to manufacturers and sales to the United States government, the state, or any political subdivision of either of them,, shall be considered wholesale sales. Sale means the transfer of ownership, title , or possession, transfer, exchange, or barter, whether conditional or otherwise, for a consideration. Stock of merchandise means the full cash value of merchandise or goods on hand the last January 1, or for the applicant’s fiscal year, whichever being the higher, and_ not the amount of capital stock invested in the business. Wholesale merchant means any merchant who sells to another for the purpose of resale. (Code 1987, § 110.01) Cross reference--Definitions generally, § 1-2. *Cross references--Code enforcement, § 2-186 et seq.; regulatory licenses for adult entertainment establishments must be obtained before the issuance of an occupational license, § 10-71 et seq.; peddlers and solicitors, § 18~31 et seq.; secondhand goods dealers, § 18-71 et seq.; cable television, ch. 22; signs, ch. 110. State law reference---Occupational license tax, F.S. ch. 205. Supp. No. 3 CD66:3 § 66-37 PALM BEACH GARDENS CODE Sec. 66-37. Levy restricted. An occupational license shall be levied under this article only on the following: (1)Any person who maintains a permanent business location or branch office within the municipality for the privilege of engaging in or managing any business within its jurisdiction; (2)Any person who maintains a permanent business location or branch office within the municipality for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3)Any person who does not qualify under the provisions of subsection (1) or (2) of section and who transacts any business or engages in any occupation or profession in interstate commerce where the license tax is not prohibited by section 8 of article 1 of the United States Constitution; and (4)Any person who transacts any business or engages in any occupation or profession as part of a home occupation pursuant to the provisions of F.S. § 118.285. (Code 1987, § 110.35(D); Ord. No. 23-1997, § 1, 7-2-97) State law reference---Similar provisions, F.S. § 205.042. Sec. 66-38. Required; duration. A license tax is hereby levied upon and shall be collected from every person exercising the privilege of carrying on or engaging in the businesses, professions, or occupations hereinaRer specifically enumerated, as fixed hereinaRer. Each of the amounts, --less otherwise specifi- cally stated, shall be the amounts payable as a license tax for exercising the privilege of carrying on or engaging in the business, profession, or occupation mentioned; for each year begi~niug October I. It shall be unlawful for any person to carry on or engage in any business, profession, or occupation, herein prescribed and designated without first having paid the license tax as provided in section 66-55(b) or complied with the terms of this article. (Code 1987, § 110.25) State law reference--Term of license, F.S. § 205.053. Sec. 66-39. When due and payable; credit to current license holders.- ~- -- The license taxes required by this article shall be due and payable on September.30 of each year unless otherwise provided herein; except a business that shall begin between April I and September 30, may secure a license of one-half of the amount provided, unless otherwise provided for in section 66-68. (Code 1987, § 110.28) State law reference--Term of license, F.S. § 205.053. Sec. 66-40. Delinquent payments; penalty. (a) All licenses shall be sold beginning August I of each year and shall be due and payable on September 30 of each year and shall expire on September 30 of the succeeding year. Those licenses not renewed by September 30 shall be considered delinquent and subject to a Supp. No. 3 CD66:4 TAXATION § 66-43 delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each month of delinquency thereafter until paid, but the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. (b) Any person engaging in or managing any business, occupation, or profession without first obtaining a local occupation license, if required hereunder, shah be subject to a penalty of 25 percent of the license determined to be due, in addition to any other penalty provided by law or ordinance. (Code 1987, § 110.29) State law reference--Delinquent payments, F.S. § 205.053. Sec. 66-41. Transfer of license. (a) All business licenses may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of up to ten percent of the annual license tax, but not less than $3.00 nor more than $25.00 and presentation of evidence of the sale and the original license. (b) Upon written request and presentation of the original license, the license may transferred from one location to another location in the same municipality upon payment of a transfer fee of up to ten percent of the annual license tax, but not less than $3.00 nor more than $25.00. (Code 1987, § 110.30) State law reference--License transfers, F.S. § 205.043(2), (3). Sec. 66-42. Tax required for each location. (a) Any person operating any of the businesses provided for herein at more than one location, each location shall be considered a separate business and a separate license therefor required unless otherwise provided for in this article. (b) Vehicles used by any person licensed under this article for the sale and delivery tangible personal property at either wholesale or retail from his place of business on which a license is paid shall not be construed to be separate places of business, and no license may be levied on such vehicles or the operators thereof as salesman or otherwise by the city. (Codh 1987, § 110.31) .... State law reference--Exemption for certain motor vehicles, F.S. § 205.063. Sec. 66-43. Duplicate licenses. Duplicate licenses may be issued by the city tax collector to the person to whom the original license was initially issued to replace a license which has been lost or destroyed, upon the submission by that person of proof satisfactory to the tax collector that the person is the person entitled to the duplicate license hereunder, that the provisions of this article have been and are being complied with, that the license has in fact been lost Or destroyed. There shallbe a fee of $3.00 to issue a duplicate license to cover the cost of the city. (Code 1987, § 110.32) CD66:5 § 66-44 PALM BEACH GARDENS CODE Sec. 66-44. Posting of license. Every person engaged in a business, occupation, or profession subject to the provisions of this article, which business, occupation, or profession is conducted at or. from a fixed place of business shall keep the license issued therefor posted in a conspicuous place upon the premises at or from which the business, occupation, or profession is conducted. (Code 1987, § 110.33) Sec. 66-45. Evidence of engaging in business. (a) Evidence. The fact that any person represented himself as being engaged in any business, occupation, or profession for which a license is required for the transaction of business or the practice of the profession, shall be evidence of the liability of the person to pay a license, regardless of whether the person actually transacts any business or practices a profession. Displaying a sign or advertising indicating the conduct of a business or profession in the classified section of the telephone directory or city directory, or other media shall be evidence that the person is holding himself out to the public as being engaged in a business or profession. (b) One act constitutes doing business. For the purpose of this section, any person shall be deemed to be in business or engaging in nonprofit enterprise, and thus be subject to the requirements of this a~icle, when he does one act of: (1) Selling any goods or service. (2) Soliciting business or offering goods or services for sale or for hire. (c) Agents responsible for obtaining license. The agents or other representative of nonresidents who are doing business in this city shall be personally responsible for the compliance of their principals and of the business they represent with this article. (Code 1987, § 110.35(A)--(C)) Sec. 66-46. Engaging in business without license or upon false statements.- - It shah be unlawful for any person to engage in any trade, business, profession, or occupation .within the city without a license, or upon a license issued upon false-statements-- made by any person or in his behalf. (Code 1987, § 110.36) Sec. 66-47. Termination upon. adjudication of bankruptcy and the like. (a) It shall be unlawful for any person to engage in the business of selling or sell, any goods~ wares, merchandise, or other personal property, advertised as, or generally referred to as bankrupt sale, wholesale’s or manufacturer’s closing out sale, or as goods damaged by fire, smoke, water, or otherwise, before the person shall have filed an application with the city for a license to conduct the business or make the sale. CD66:6 TAXATION § 66-51 (b) It shall be unlawful for any licensee to include other goods or merchandise with the stock on hand at the time of application for the license. No person issued a license under this section shall be permitted to reopen the business for which same shall be issued, and no license shall be issued for that purpose. ¯ (Code 1987, § 110.11) Sec. 66-48. Report of information by taxpayer to city; investigation and inspection. Each person required to pay a license tax required by this article shall report under oath to the city giving all the information necessary for a proper determination therein of the amount of the license tax due. In the case of wholesale and retail merchants s~me shall show the total stock of merchandise. The city is authorized to propound interrogatories and to furnish forms for the filing of the returns and to require the giving of any information necessary to enable him or his authorized deputy to determine the proper amount of license due, and to make an investigation and inspection of the place of business and records of the person required to pay a license as he may determinenecessary in order to verify any returns or determine the proper license amount. (Code 1987, § 110.12) Sec. 66-49. Enforcement; assistance from the chief of police. It shall be the duty of the city and to enforce each and all of the provisions of this article, except as otherwise in this article expressly provided. The chief of police shall render any assistance in the enforcement of this article as may from time to time be required. The city is authorized to prescribe reasonable rules and regulations and make interpretive rulings as may be necessary to effectuate the provisions of this article. (Code 1987, § 110.13) Sec. 66-50. Compliance. Where the principal, master, or employer has complied with the provisions of this article, it shall be unnecessary for his agent, servant, or employee to comply herewith, ._unless otherwise expressly provided for herein. However, if the principal, master, or employer shall not Itave complied with this article, each of his agents, servants, or employees shall be subject to prosecution and, upon conviction, to fine or imprisonment to the sa~n~ extent ~-s his principal, master, or employer. (Code 1987, § 110.02) Sec. 66-51. Business falling into more than one classification to meet requirements of each. Whenever any occupation, business, profession, or privilege shall fall into more than one of the classifications contained in the license, schedule, the occupation, business, profession, or¯ privilege shall be required to comply with the license requirements of each classification or privilege. (Code 1987, § 110.03) CD66~7¯ § 66-52 PALM BEACH GARDENS CODE Sec. 66-52. Classification of self by owner of e~tabllshed place of business. (a) Any person specifically classified in this chapter and having a fixed or fiat license fee imposed, who maintains a regularly established place of business in the city and who keeps complete records of all business transacted, and which business by the nature thereof is capable for the purpose of this article, of being classed as a merchant, may elect to classify himself or itself as a retail or wholesale merchant, as the case may be, by complying with the requirements of this article for merchants, and pay on the basis of the merchant’s rate, in lieu of the fixed or fiat rate, provided, that upon the election, stock of merchandise shall mean stock of merchandise for all business transacted by that person. (b) The following businesses, professions, or occupations are excluded from qualifying for a merchant’s license hereunder, to wit: (1)Abstract companies or abstracters. (2)Auditors, public accountants, auditing companies, and public bookkeepers. (3)Brokers. (4)Insurance adjusters. (5)Insurance agents. (6)Insurance companies or bonding companies. (7) Professions. (Code 1987, § 110.04) Sec. 66-53. How tax construed as to professions. ~. The tax provided in the license schedule for architects, auctioneers, auditors or accoun- tants, dentists, draftsmen, professional engineers, lawyers, osteopaths, chiropractors, chirop- odists, phrenologists, physicians or surgeons, real estate and insurance salesmen, or other similar professions, shall pay the tax herein provided, whether practicing by himself or in partnership or employed by another (Code 1987, § 110.05) Sec. 66-54. Tax on interstate business done within state only. The. tax imposed by this article on express companies, railroad companies, telephone companies, telegraph companies, and other companies engaged in interstate commerce, is imposed upon the business actually done by any company within the city and to and from points within the state~ and is not imposed upon any business done for the United States government or in interstate business. (Code 1987, § 110.06) Sec. 66-55. Liability insurance required; expiration dates, cancellation. (a) Whenever a license is issued under this article, the fee for which is dependent upon the number of vehicles operated by the licensee or in which such business the use of any truck, or CD66i8 TAXATION ¯ § 66-58 other similar vehicle, is required or, in effect, the licensee, in addition to all other requirements of law, shall carry in full force and effect at all times and shall submit satisfactory proof thereof, at the time of making application for the license, a minimum of public liability insurance as is required by the state motor vehicle responsibility .act. In addition thereto, the licensees as are designated in the license schedule shall carry additional higher limits as are set forth in this article. In addition thereto, licensee shall furnish to the city a certificate of general liability insurance of at least $100,000.00 for one injury or $300,000.00 for more than one injury, covering the negligence of all persons engaged in the business, whether owner, servants, agents, or employees while they are within their scope of authority or employment. (b) Whenever liability insurance is referred to herein as a prerequisite to the issuance any license, the insurance shall be written for a period of time to coincide with that of the license being sought. In all events, this shall be for a period to extend through and including October 1, following the effective date of the issuance of the license. Notice of cancellation of any policy of liability insurance required herein must be furnished to the city prior to the effective date of the cancellation by the company writing the insurance or by the policyholder. Failure to submit proof prior to the expiration .date or effective date of the cancellation referred to above by the licensee or his agent shall result in the automatic suspension of the licensee’s occupational license until such time as the proof is submitted to the city. (Code 1987, § 110.07) Sec. 66-56. Certificate of occupancy; zoning regulations. Prior to the issuance of any license under this article, the city shall require that the applicant submit a certificate of occupancy as to the premises upon which the business is to be conducted, which the certificates of occupancy shall have been duly issued by the building inspector of the city under the provisions of this article and the city building and zoning regulations. (Code 1987, § 110.08) Sec. 66-57. Certificate of competency; examinations for licenses. Whenever it is provided by an ordinance of the city an examination must first be passed by any applicant for a license, no occupational license shall be issued unless the licensee holds a current certificate of competency to engage in the respective field of work. (Code 1987, § 110~09) Sec. 66-58. Professions; state licensure prerequisite to city license. (a) Any person applying for or renewing a city occupational license to practic e any profession regulated by the department of professional regulation, or any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of Copy of the same, before the city occupational license may be issued. ThereaRer, only persons applying for the first time for a city occupational license must exhibit .such certification, registration, or license. CD66:9 § 66-58 PALM BEACH GARDENS CODE (b~ The department of professional regulation shall, by August 1 of each year, supply to the city a .current list of professions it regulates and information regarding those persons for whom. city occupational licenses should not be renewed due to the suspension, revocation, or inactivation of such person’s state license, certificate, or registration. The city shall not renew such license unless such person can exhibit an active state certificate, registration, or license. (c) This section shall not apply to persons licensed under F.S. §§ 489.113, 489.117, 489.119, 489.131, 489.511, 489.513, 489.521, or 489.537. (Code 1987, § 110.10) State law reference--Exhibition of state license, F.S. §§ 205.194--205.1973. Sec. 66-59. Exemption allowed certain disabled persons, the aged, and widows with minor dependents. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000.00, shall be allowed to engage in any business or occupation in counties in which they live without being required to pay for a license. The exemption provided by this section shall be allowed only upon the certificate of the county physician, or other reputable physician, that the applicant claiming the exemption is disabled , the nature and extent of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption prodded by this section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (b) In no event under this or any other law shall any person, veteran or otherwise, allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. State law reference--~imilar provisions, F.S. § 205.162. Sec. 66-60. Exemptions for disabled veterans. (a) Any bona fide, permanent resident elector of the state who served as an officer enlisted person during any of the periods specified in F.S. § 1.01(15) in the Armed Forces oet~e United States, National Guard, or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, resigned by the air force, army, navy, coast guard, or marines to active duty during any war, declared or ~undeclared, armed conflicts, crises, and the like, who was honorably discharged from the service of the United States, and who at the time of his applicatio n for a license shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the state, and production of an honorable discharge from the service of the United States: (1}Be granted a license to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the licensee as a means of livelihood and for which the city license does not exceed the sum of $50.00 for each without . payment of any license tax otherwise provided for by law; or CD66:10 TAXATION § 66-60 (2)Be entitled to an exemption to the extent of $50.00 on any license to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the licensee as a means of livelihood when the city license for such business or occupation shall be more than $50.00. The exemption shall extend to and include the right of the licensee to operate an automobile-for-hire of not exceeding five-passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or.contracted to be purchased by the licensee and is being operated by him as a means of livelihood and that the proper license tax for the operation of the motor vehicle for ~private use has been applied for and attached to the motor vehicle and the proper fees therefor paid by the licensee. (b) When any such person shall apply for a license to conduct any business or occupation for which the city license tax shall exceed the sum of $50.00, the remainder of such license tax in excess of $50.00 shall be paid by him in cash. (c) The city shall issue to such persons as may be entitled hereunder a license pursuant to the foregoing .provision and subject to the conditions thereof. The license when issued shall be marked across the face thereof "Veterans Exempt License--Not Transferable." Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this section to receive the exemption therein provided for. The proof may be made by establishing to the satisfaction of the city by means of certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of subsection (a) of this section and by exhibiting: (1) A certificate of government-rated disability to an extent of ten percent or more; (2)The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood; (3)The certificate of the veteran’s service officer of the county in which applicant lives, duly executed under the hand and seal of the Chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license Within the meaning and intent of this section; (4)A pension certificate issued to him by the United States by reason of such disability; or (5)Such other reasonable proof as may be required by the city to establish the fact that the applicant is so disabled. (d) All licenses issued under subsection (a) of this section shall be in the same general form as other city licenses and shall expire at the same time as such other licenses are fixed to expire. - (e) All licenses obtained under the provisions of subsection (a) of this section by commission of fraud shall be deemed null and void. Any person who has fraudulently obtained any such license, or who has fraudulently received any transfer of a license issued to another, CD66:11 § 66-60 PALM BEACH GARDENS CODE and has thereafter engaged in any business or occupation requiring a license under color thereof shall be subject to prosecution as for engaging in a business or occupation without having the required license. (f) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (g) The unremarried spouse of the deceased disabled veteran of any war in which the United States Armed Forces participated will be entitled to the same exemptions under subsection (a) of this section as the disabled veteran. (Code 1987, § 110.39(A)) State law reference--Similar provisions, F.S. § 205.171. Sec. 66-61. Sale of farm products. (a) No occupational license shall be required of any natural person for the privilege engaging in the selling of farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, or tropical fish farm products, or products manufactured therefrom, except ¯ intoxicating liquors, wine, or beer, when such products were grown or produced by such natural person in the city. (b) A wholesale farmers’ produce market shall have the right to pay a tax of not more than $200.00 for a license that will entitle the market’s stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual city occupational licenses to so engage. (Code 1987, § 110.39(B)) State law reference--Similar provisions, F.S. § 205.064. Sec. 66-62. Mobile home setup operations. Any duly licensed mobile home dealer or a duly licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who performs setup operations as defined in F:S. § 320.822, shall not be required to be licensed to engage in such operations. However, such dealer or manufacturer shall be required to obtain an occupational license for his permanedt business location or branch office, which license shall not require for its issuance any conditions other than those required by F.S. ch. 320. (Code 1987, § 110.39(C)) State law reference~Similar provisions, F.S. § 205.193. Sec. 66-63. Religious tenets; exemption. Nothing in this article shall be construed to require a license for practicing the religious tenets of any church. State law reference--Similar provisions, F.S. § 205.191. CD66:12 TAXATION § 66-65 Sec. 66-64. Charitable, etc., organizations; occasional sales, fundraising; exemption. No occupational license shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the organization. State law reference Similar provisions, F.S. § 205.192. Sec. 66-65. Merchant category. (a) Election. as wholesaler, retailer. Any person who is both a wholesale and retail merchant is required to make separate reports for the wholesale business and for the retail business and to obtain licenses accordingly. However, any retail merchant who desires to do a wholesale business also, may elect to do wholesale business under his retail license by paying the license tax based on both the retail and wholesale business at the retail rate. (b) Basis of tax. Any person beginning any new business coming under any article the license for which is based on stock of merchandise, shall pay the minimum and all other licenses required and shall at the end of the first 60 days’ business, file a sworn statement of the stock of merchandise as shown by an inventory thereof taken on the 60th day and the license tax shall be computed on inventory and whatever additional tax, if any, is due shall be paid at the time and a receipt shall be issued showing the payment of the amount. Change of management or ownership during either the preceding or current license year shall not cause a merchant or a broker to come within the classification of one beginning a new business, except in any case where the records of the preceding year have been lost, destroyed, or are incapable of being analyzed, the business shall be classified as a new business, or the license may be arrived at as may be otherwise provided for. Where it is required in this article that a license tax shall be based on stock of merchandise, it shall be in addition to any license taxes paid under any other classifications, and the stock of merchandise as used for the determining of the license shall be based on the stock of all merchandise whether classified licenses are also required or not. (c) Chain stores. Persons. having what is known as chain stores, and operating in addition thereto wholesale depots or warehouses, where they furnish and replenish their chain stores, are liable for the license tax for wholesale merchants, and for every distributing house or place in the city operated by any person engaged in the business of a merchant in this city for the purpoge of distributing goods, wares, and merchandise among his retail stores, a separate license shall be required. The goods, wares, and merchandise, distributed through the distributing house or place shall be regarded as stock of merchandise for the purpos e of measuring the license tax, which tax shall be the same as the license tax imposed hereby on a wholesale merchant, and where no wholesale price is used in the accounting of the distribution, the usual market price or value shall be used. (d) Sale of gold. No part of this article requiring a license measured by stock ~f merchandise shall apply to any sales of gold or other articles where the United States government or the state definitely controls and fixes the price at which the same shall be bought and sold. (Code 1987, §§ 115.01--115.04) CD66:13 § 66-66 PALM BEACH GARDENS CODE Sec. 66.66. Requirements by applicant for license prior to issuance. (a) The following letters appearing within any item in the license tax schedule of section 66-68 signify that each applicant for a I/cense within the classification shall comply with the requirements appearing herein opposite each letter prior to the issuance of a license, as follows: (1) The letter (a) signifies approval of the building inspector. (2) The letter (b) signifies approval of the chief of police~ (3)The letters (bb) signify approval of the police department and the fingerprinting of the applicant and the issuance of an identification card at a fee of $4.00 to cover the cost thereof. (4)The letter (c) signifies approval of the health inspector. (5)The letter (d) signifies approval of the fire chief. (6)The letter (e) signifies approval of the city clerk. (b) The term "liability insurance" when appearing in any item of section 66-68 shall refer to the requirement of section 66-55. (c) The appearance of any of the above words or letters within any item of the license tax schedule of section 66-68, shall be of force and effect as though the requirement represented by the letters or words as above set forth were set out in full. (Code 1987, § 110.27) Sec. 66-67. Right to amend licenses unaffected. The adoption of this article and schedule of licenses shall not abridge the right of the city council to change, alter, increase, decrease, or revoke any of the regulatory licenses or to pass other ordinances providing for excise or license taxes or other liens or assessments whether pertaining to any of the subjects contained or provided for in this article or not, and the same shall not affect any of the matters or provisions of this article unless specifically so stated. (Code 1987, § 110.40) --~ Sec. 66-68. Fee schedule.---- The classification and rates of all license taxes are hereby fixed per annum, unless otherwise provided as follows: (1) Agriculture, forestry, and fishing. a.Lawn service including lawn mowing, tree trimming or cutting, planting of trees or shrubs .....................................$100.00 b.Veterinarian services, each person ..............................100.00 c.Fish, smoking or salting ........................................100.00 d.Florist or flower shop ..................’ ........................100.00 CD66:14 TAXATION ~¯ § 66-68 e. Fruit and vegetable stand ...................................... f. Other agriculture, forestry or fishing occupation not listed above.. (2)Construction. a. Contractors occupational license. 1. If possesses countywide license ............................2.00 2. If possesses statewide license ..............................5.00 b.Requirements. Must provide a copy of the following unless indicated otherwise: 1.County occupational license; 2.County certificate of competency or state certificate compe- tency; 3. Proof of insurance. (3) Manufacturing, flat fee .............................................. (4)Transportation, communication, electric, gas, and sanitary services. a.Taxies, armored car, limousines and ambulance for hire ..........75.00 Plus for each operated vehicle ..................................50.00 Insurance Required: Liability, $100,000.00 per person. Liability, $300,000.00 each accident. Property damage, $100,000.00. (5) 100.00 100.00 225.00 b.Rentals (including trucks), U-drive it, etc ........................125~00 c.Bus or train station ............................................625.00 d.Intercity bus or rail service .....................................100.00 e.Any other form of transportation, per vehicle ....................94.00 f.M~intaining any type of communication facility or support facility within the city, including telephone or telegraph company ........~-- - 300.00 Radio or television broadcasting, including Cable television ........450.00 Any business selling goods or providing services from a vehicle, with no permanent location, excluding peddlers, per vehicle ...........94.00 go 75.00 Retail and wholesale sales. Merchants, druggists, storekeepers and other selling goods at retail or wholesale.. a.For the first $1~000.00 of inventory or fraction thereof ............ b.For the next $99,000.00 of inventory, per $1,000.00 of inventory or fraction thereof ....................... ~ ..... ~ ..................6.50 Supp. No. 3 CD66:15 § 66-68 PALM BEACH GARDENS CODE c.For the next $ i00,000.00 of inventory, per $i,000.00 of inventory or fraction thereof ................................................. d.For the next $300,000.00 of inventory, per $1,000.00 of inventory or fraction thereof ................................................ e.For additional inventory in excess of $500,000.00, per $1,000.00 of inventory or fraction thereof .................................... (6)Restaurants, takeout, delicatessen, catering, bakery, etc. a. 0 through 25 seats ............................................. b. .26 through 75 seats ............................................ c. Over 75 seats .................................................. (7)Gas station. All gas stations, including those offering repair and accessory uses including convenience stores .................................... (8) Financial. a.All financial institutions, including banks, savings and loan associ- ations, finance companies, and credit union, and lenders .......... b. Stockbroker, each licensed person ............................... (9)Insurance. a. Adjustors ..................................................... b. Insurance agency .............................................. Each licensed agent ............................................ c. Title insurance agency ......................................... d.Each insurance company doing business in the city, not otherwise provided herein ................................................ (10) Real estate. a. Real estate brokerage .......................................... b. Real estate sales agent and broker, each licensed person .......... (11)Mortgage broker, each licensed person .......................... : .... (12)Services. a. Professional. services licensed by the state, including health and dental providers, attorneys, engineers, architects, interior decora- tors, surveyors, certified public accountants; each person ......... b.Personal services, including manicurist, tanning salon, beauty shop, barber shop, etc. 1.First chair ................................................ 2.Each additional chair ..................................... General services provider not listed in subsection (12)a or b of this 6.25 6.00 5.75 94.00 125.00 200.00 200.00 470.00 150.00 I00.00 I00.00 I00.00 I00.00 50.00 100.00 25.00 100.00 100.00 50.00 7.50 Supp. No. 3 CD66:16 TAXATION schedule, per business .......................................... (13) Funerals, undertakers, each ......................................... (14) Housing and lodging. a.Mobile home parks. 1. 20 spaces or less .......................................... 2. Each additional space ..................................... b.Apartments, motel, hotel, timeshare, guesthouse, bed and breakfast, campground or trailer camp; per Unit ............................ c.Each rental unit within a park shall be charged in accordance with subsection (14)a of this schedule. (15) Storage and public warehouse. a.0 through 20,000 square feet .................................... b.20,000 to 35,000 square feet ....: ........- ....................... c.35,000 to 50,000 square feet .................................... d.Per each additional 1,000 square feet over 50,000 ................ (16)Coin-operated and vending machines. a. Nonlaundry, per unit ........................................... b.Laundry. 1. 1 through 20 machines .................................... 2. Each additional machine .................................. (17)Amusement, educational and recreation. a. Movie theater. 2. 3. 4. Less than 300 seats ....................................... 300 to 399 seats ........................................... 400 to 599 seats ........................................... 600 or more seats ......................................... 5. Drive-in "_ _ Bowling alley .................................................. Sightseeing vehicles (trolley, train, or other vehicle), per vehicle... Charter boat for fishing, diving, sightseeing, parasailing, water taxi, or similar activity, per boat ..................................... Preschool, nursery schools, day care centers ..................... Driving schools, dance studios, riding academy, technical and trade schools, private schools, dog obedience schools, etc ................ Bathing or swimming pool, private .............................. ,~ 66-68 100.00 100.00 94.00 3.00 7.00 150.00 225.00 350.00 5.00 10.00 75.00 5.00 200.00 300.00 400.00 500.00 250.90 500.00 100.00 100.00 47.00 100.00 100.00 Supp. No. 6 CD66:17 § 66-68 Oo to (18) PALM BEACH GARDENS CODE Miniature golf each course .............................. ......... Pony rides, per corral or ring ................................... Rinks for skating, bicycle, motorcycle, etc ........................ Shooting gallery (a), (b), (c), (e) .................................. Circus, per day ............................: ................... Amusement parks, per week .................................... Pool and billiard room (a), (b), (c), (d), Noncoin-operated pool tables. 1. First four tables ........................................... 2. Each additional table ............................... ....... Traveling shows and street carnivals (a), (b), (c), (d), per day Exhibitions at shopping centers. Nonprofessionals ............................................... Exhibition including trained animals, boxing or wrestling for profit, per week ...................................................... Operator of amusement devices and music machines in businesses, other than owner of business ............... - .................... Amusement occupations not otherwise classified, with no estab- lished place of business ......................................... Adult entertainment (as these terms are defined in chapter 10 of this Code) 1.Adult bookstore, plus retail license for inventory (b), (bb), 2.Adult cabaret (b), (bb), (d) ................................. 3.Adult motion picture theater (b), (bb), (d) ................... 4.Adult motion picture booth; each booth (b), (bb), (d) .......... 5.Adult motel or hotel, per room (b), (bb), (d) .................. 6.Bathhouse (b), (bb), (d) .................................... 7.Modeling studio (b), (bb), (d) ................................ 8.Massage shop or parlor (b), (bb), (d) ..........~ ............. 9.Artist-body painting studio (b), (bb), (d) ..................... 10.Adult entertainment not otherwise classified (b), (bb), (d) Hospitals, laboratories and care facilities. a. General, medical, or surgical hospital ........................... Plus each bed .............................. - .................... b.Dental laboratories ............................................. 94.00 100.00 225.00 225.00 375.00 600.00 25.00 10.00 250.00 200.00 100.00 600.00 200.00 2,500.00 5,000.00 2,500.00 1,00~0 1,000.00 2,500.09 2,500.00 2,500.00 2,5O0.OO 2,500.00 100.00 10.00 100.00 Supp. No. 6 CD66:18 TAXATION § 66-111 (19) Co i. (Code 1987, Medical laboratories ........................................... All other laboratories .......................................... Adult nursing homes (ACLF). 1. First 12 beds .............................................100.00 2.Each additional bed .......................................7.00 Other. a.Firearms or other deadly weapons (a), (b), (bb), (d), plus inventory b.Clairvoyants, astrologists, fortunetellers, spiritualists, etc ......... c.Peddlers ...................................................... d.Locksmith when not paying any other city license ................ e.Auctioneers, each, per day ...................................... f.Auction house, per day ......................................... g.Pawnbrokers (a), (b), (c), (d), (e) if given ci~;y council approval, inventory .....................................................785.00 Home occupation ............... ...............................75.00 Any other occupation, not otherwise classified ...................100.00 § 110.41; Ord. No. 23-1997, § 2, 7-2-97; Ord. No. 28-1998, § 1, 1-7-99) 100.00 100.00 470.00 900.00 945.00 68.00 500.00 1,000.00 Editor’s note--The letters (a), (b), (bb), (c), (d) or (e) appearing within any schedule shall have the meanings prescribed for them in section 66-66(a). The term "liability insurance" appearing within any item in this schedule shall have the meaning prescribed in section 66-66(b). Secs. 66-69--66-90. Reserved. ARTICLE IH~ INSURANCE PRElVIIUM TAX DMSION 1. GENERALLY Secs. 66-91--66-110. Reserved. DIVISION 2. CASUALTY INSURANCE* Sec. 66-111. Tax levy; amount. There is assessed, imposed, and levied on every insurance, company, corporation, or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on, the business of insuring with respect to casualty risks, as shown by the records of the state *Cross reference--Police officers’ retirement trust fund, § 50-61 et seq. State law reference--Authorized, F.S. § 185.08. ¯ Supp. No. I0 CD66:19 § 66-111 PALM BEACH GARDENS CODE insurance commissioner, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the ~mount of 0.85 percent of the gross ~mount of receipts of premiums from policyholders on all premillm~ collected on casualty insurance policies, covering property within the corporate limits of the city. (Code 1987, § 114.01) State law reference--Authority to impose tax, F.S. § 185.08. Sec. 66-112. When due and payable. The license or excise tax levied by this article shall be due and payable ~nnual]y on March I of each year. (Code 1987, § 114.02) State law reference--When tax payable, F.S. § 185.08(3). Secs. 66-113--66o135. Reserved. DMSION 3. PROPERTY DAMAGE INSURANCE* See. 66-136. Tax levied; ~mount. There is assessed, imposed, and levied on every insurance company, corporation, or other insurer now engaging in or Carrying on, or which shall hereaflmr engage in or carry on, the business of property insurance, as shown by the records of the state insurance commi.~sioner, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of 1.85 percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the City. (Code 1987, § 114.15) State law reference--Authority to impose tax, F.S. § 175.101. Sec. 66-137. When due and payable. The license or excise tax levied by this article shall be due and payable Annually on March¯1 of each year. (Code 1987, § 114.16) State law reference---When tax payable, F.S. § 175.101.-~. - ~ Secs. 66-138--66-150. Reserved. ARTICI,E IV. SPECIAL ASSESSMENTS FOR CAPITAL.IMPROVEMENTS~f DMSION 1. INTRODUCTION Sec. 66-151. Definitions. Annual assessment resolution means the resolution described in section 66-168 hereof, approving fan assessment roll for a specific fiscal year. *Cross reference--Firefighters’ pension trust, § 38-51 et seq. State law reference--Authorized, F.S. § 175.101. tEditor’s note~Ord. No. 27-2000,. adopted Oct. 5 2000, did not specifically amend the Code; hence, inclusion as §§ 66-151--66-219 was at the discretion of the editor. Supp. No. lO CD66:20 statutes->Vie~v Statutes->2001->ChO205->Section 0535: Online Sunshine Page [ ot z sOnlineunshine View Statutes Select Year: 12001 W~l<or~ 5es~io~ £or~it|e~ Legido|o,s Search Statutes Constitution Cel]ler ~ erormelion Laws of Florida Order The 2001 Florida Statutes Title XIV Chapter 205 Taxation And Finance Local Occupational License Taxes 205.0535 Reclassification and rate structure revisions,-- View Entire Chapter (1) By October 1, 1995, any municipality or county may, by ordinance, reclassify businesses, professions, and occupations and may establish new rate structures, if the conditions specified in subsections (2) and (3) are met. A person who is engaged in the business of providing local exchange telephone service or a pay telephone service in a municipality or in the unincorporated area of a county and who pays the occupational license tax under the category designated for telephone companies or a pay telephone service provider certified pursuant to s. 364.3375 is deemed to have but one place of business or business location in each municipality or unincorporated area of a county. Pay telephone service provi~ders may not be assessed an occupational license tax on a per-instrument basis. --~(2) Before adopting a reclassification and revision ordinance, the municipality or county must establish an equity study commission and appoint its members. Each member of the study commission must be a representative of the business community within the local government’s jurisdiction. Each equity study commission shall recommend to the appropriate local government a classification system and rate structure for local occupational license taxes. --.~3)(a) After the reclassification and rate structure revisions have been transmitted to considered by the appropriate local governing body, it may adopt by majority vote a new occupational license tax ordinance. Except that a minimum license tax of up to $25 is permitted, the reclassification Shall not increase the occupational license tax by more than the following: for licenses costing $150 or less, 200 percent; for licenses costing more than $150 but not more than $500, 100 percent; for licenses costing more than $500 but not more than $2,500, 75 percent; for licenses costing more than $2,500 but not more than $10,000, 50 percent; and for licenses costing more than $10,000, 10 percent; however, in no case may any license be increased more than $5,000. .~-~(b) The total annual revenue generated by the new rate structure for the fiscal year followih-cj the fiscal year .during which the rate structure is adopted may not exceed: 1. For municipalities, the sum of the revenue base and 10 percent of that revenue base. The revenue base is the sum of the occupational license tax revenue generated by licenses issued for the most recently completed local fiscal year or the amount of revenue that would have been generated from the authorized increases under s. 20_5.043(1)(b), whichever is greater, plus revenue received from the county under s. 205.033(4). 2. For counties, the sum of the revenue base, 10 percent of that revenue base, and the amount of revenue distributed by the county to the municipalities under s. 205.033(4) during the most recently completed local fiscal year. The revenue base is the occupational license tax revenue generated by licenses issued for the most recently completed local fiscal year or the amount of revenue that would have been generated from the authorized increases under s. 205.033(1)(b), whichever is greater, but may not include any revenues distributed to municipalities under s. 205.033(4). http://~vww.leg~state.f~us/statu~/SEC~535~HTM&Title=->2~->Ch~2~5->Secti~n%2~53 3/21/2002 statutes->View Statutes->2001 ->Ch0205->S ection 0535: Online Sunshine Page 2 ot z (c) In addition to the revenue increases authorized by paragraph (b), revenue increases attributed to the increases in the number of licenses issued are authorized. (4) After the conditions specified in subsections (2) and (3) are met, municipalities and counties may, every other year thereafter, increase by ordinance the rates of local occupational license taxes by up to 5 percent. The increase, however, may not be enacted by less than a majority plus one vote of the governing body. (5) No license shall be issued unless the federal employer identification number or social security number is obtained from the person to be licensed. History.--s. 8, ch. 93-180; s. 60, ch. 98-419. Welcome ¯ Session ¯ Committees ¯ Legislators ¯ Information Center ¯ Statutes and Constitution ¯ Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2002 State of Florida. Contact us. Privacy Statement http://www.leg.state.fl.us/statu.../SEC0535.HTM&Title=->2001->Ch0205->Section%20053 3/21/2002 Occupational License Code Review Process Flow Chart Request from staff to Council for review of licensing fees and code. 1. Creation of Equity Study Commission(ESC). 2. Recommendation for code amendments. Council direction to authorize further action: 1. Appointment of ESC members by resolution. 2. Deadline for submission of findings to Council (approx. 6 months). 3. Adoption of ESC recommendations. ESC Meetings: 1.Define goals and objectives. 2.Develop methodology to achieve goals. 3.Establish deadlines and benchmarks. Staff function: 1.Facilitate discussion. 2.Provide technical & clerical support. 3.Act as liaison between ESC & Council. Draft Final Report: 1.Rate increase. 2.Code amendments. Report submitted from ESC submitted to Council: 1.Recommended license fee increase. 2.Amendments to licen, se code. XIII. ITEMS FOR DISCUSSION: c.July 4 th City Council Meeting CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Honorable Joseph Russo, Councilman DATE: May 30, 2002 Charles Wu, Growth Management Director~A,~ Parking for existing and proposed businesses at PGA Commons Parcel 1 in the 5500 block of PGA Boulevard This memorandum is in response to your requests to the staff of this department yesterday and today regarding the approval process followed by the city for the Anushka Spa and Cheeseburger Cheeseburger restaurant at the PGA Commons Parcel 1. As background information, city Ordinance 7, 1999, approved PGA Commons Parcel 1 as a Mixed Use Planned Unit Development (PUD) February 11, 1999. This ordinance rezoned the property and approved a master development plan for the site. The following allocation of uses was approved in the above ordinance: 31 townhomes 14,212 square feet of general office 5,267 square feet of medical office 10,667 square feet of general retail use 5,900 square feet of indoor restaurant use 2,260 square feet of outdoor restaurant use These uses were not approved for solely first or second floor locations. The permitted uses within this PUD are listed in Section 1 of the above ordinance. These permitted uses include all permitted and conditional uses in the Neighborhood Commercial zoning classification, and professional and business offices. The attached table indicates the approved uses at PGA Commons Parcel 1 as of October 25, 2001, when the occupational license for the Anushka Spa was approved by the city. A health spa was an allowed use in the Professional Office zoning classification when this PUD was approved in February 1999. Honorable Joseph Russo, Councilman Re: PGA Commons Parcel 1 May 30, 2002 Page two Based on this fact, the occupational license for this health spa was approved by the city on October 18, 2001, under the General Office category on the attached table. The Cheeseburger Cheeseburger restaurant is a proposed use at PGA Commons Parcel 1. The city has not yet received an occupational license application for this business. However, restaurants are an allowed use under the Neighborhood Commercial zoning classification, and would be permitted under the Indoor Restaurant category on the attached table. This new restaurant will use the remaining square footage allocated for restaurant uses on this site. The following information should be noted regarding parking at PGA Commons Parcel 1: 1.Under the shared parking analysis for this site (copy attached), 145 spaces are required for the non-residential portion (the residential portion has its own spaces). 198 spaces have been provided. 2.Parking has been exacerbated by the continuing construction regarding building interiors and within townhouses. As construction finishes up, these spaces will free up. 3.The demand for restaurants in Parcel 1 may be reduced when the restaurants planned for adjacent Parcels 2 and 3 are opened. I hope this memorandum has addressed your questions. You should contact me at 799-4243 if any clarification or additional information is needed. Attachments CC:Mayor / City Council Ron Ferris, City Manager Steve Cramer, Principal Planner Hank Skokowski, Urban Design Studio g:\sc\memos\pgacommonspkg.053002 ~ /~ 39Ud ~££0689~9£=×U9 OIO~IS NgIS3O N~Safl=~! ~3~I tO, 6~/0~ 6~6"ON 3719 FILE No.470 05/30 ’02 14:30 ID:BFI FAX:561 276 1i46 PAGE 2/ 3 PGA COMMONS PARCEL I PUD PARKING ANALYSIS Approved Square Footage General Ot~ce - 17,479 s.~: Medical Office - 2,000 s.f. Retail - 12,469 s.f. Indoor Restaurant - 5,900 s.f. Qutdoor Restaurgnt - ],500 s~f. Total Area. 39, 348 s.f. Urban Design Urban Planning Land Planning landscape Architecture Communioation Graphics Under the approved Shared Parking Analysis (see attached), using tbrmula found in City Code Section 78-346, 14~ parking spaces are required. PGA Commons Parcel I has 198 parking spaces within the non-residential portion of the site. Shoppine Center/Mixed Uses Parking Ra_t_io The Shopping Center/Mixed Uses parking ratio, as found in City Code Section 78-345, is one parking space per 200 square feet, Under this ratio (39,348 s.f./200 s.f.), 197 spaces are required by Code. As stated above, 198 spaces are provided within the non-residential portion of the site. Gel3eral Retail Parkirlg R~ti0 The General Retail parking ratio, as found in City Code Section 78-345, is one parking space per 250 square feet. Under this ratio (39,348 s.f./250 s.f.), 158 spaces are required by Code. stated above, 1.98 spaces are. provided within the non-residential portion of the site. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 661.688.0066 561.689.055t fax Irvine, CA 714,46~l.8131 FILE No.470 05/30 ’02 14:31 ID:BFI FAX:561 276 1146 PAGE 3/ 3 June 5,2001 The Commons PUD Shared Parking Calculations Per City Code section 78-346 PARCEL 1 Use Office 17,479 general (1/300 s.f,) 2,000 s,f, medical (1/200 s.f,) General Retail 12,469 s,f. (1/250 s.f.) Weekday: Midnight to 6a.m. (5% of required) 4 (5% of required) 3 Restaurant (l 0% of 5,900 s.f. of required) indoor * 1,500 s.f. outdoor (1/150 for patrons and 1/250 for employees)8 Weekday: 9a,m. to4 p.m. (100% of required) 7O (70% of required) 35 (50% of required) Weekday: 6 p,m, to Midnight (10% of required) (90% of required) 45 (100% of required) 4O 8O Weekend: 9 a.m. to 4 p.m. (!0% of required) (l 00% of required) 50 (50% of required) 4O Weekend: 6 a.m. to Midnight (5% of required) 4 (70% of required) 35 (100% of required) 8O 145 parking spaces required under the City’s shared parking calculations 198 spaces provided on the approved site plan, G:~Jobs\ThoCom mons\Paraol I sf~\SharodParking 1.060-~01. will I,CC35 FILE No.471 05/30 ’02 15:24 ID:BFI FA×:561 2?6 1146 PAGE I/ i M MORANDUM TO: Mr. Charles(Wu/ _-----, Urban Design ~urban PlanningI/,FROM:Anne Be Land Planning Landscape Architecture DATE:May 30, 2002 Communication Graphics SUBJECT: Mlrasol PCD Amendment Public Hearing Please accept this memorandum as a request for Postponement of the Public Hearing of the Mirasol PCD Amendment until the June 20’" City Council meeting. This postponement will allow the applicant time to review and discuss issues related to conditions of approval which have been raised this afternoon. Should you have any questions regarding this request for postponement, please let me know. CO:Jim Harvey Ed Tombari 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 561.689.0066 561.689.0551 fax Irvine, CA ?14.48g.IH 31 Page 1 of 2 Tory Buckley From:Tory Buckley [panther@bigplanet.com] Sent:Thursday, May 30, 2002 2:47 PM To:’Joe Russo’; ’Annie Delgado’; ’Carl Sabatello’; ’Dave Clark’; ’Edc Jablin’ Subject: Parks and Rec Advisory Board Dear Council Members, My name is Tory Buckley. I have been a volunteer for this city for the last 6 years working with our youth. I sit on the PBGYAA Board of Directors I am the President of the Girls Softball Division of the PBGYAA More than a year ago I brought to the attention of this Council the needs of our parks in the city, and with your blessing and the forward thinking of this council helped set the wheels in motion that has caused us to be at this threshold or plateau in the evolution of this project. I served on the Initial Task Force committee to determine the city’s needs in our parks and recreation programs I served on the committee that took the initial task force committee recommendations to the next step, as we explored ideas for facilities, programs and the proper way to get them funded. This committee, upon the completion of its tasks was enveloped into the existing Parks and Recreation Advisory Board, the purpose of which was To complete the necessary steps in trying to get a bond referendum passed in this city for the upgrading of parks facilities and the development of new parks and facilities so that they would serve the present residents of this city and also be prepared for the future and present explosive growth this city is experiencing. I already was a member of the Parks and Recreation Advisory Board for more than 3 years so it was a natural evolution, for me, of this most worthwhile task. The council with its ever present desire to provide the best service possible for the residents of this city has lent its unwavering support to this ongoing project. Because of the council’s desire to have me serve on these committees and the knowledge that it has brought me and from my own personal experiences with the parks and recreation programs of this city, I would venture to say that there is not a resident of this city who has more first hand and hands on knowledge of what and where this city should be headed as far as its parks and facilities are concerned. I suppose that is why I feel so let down and frustrated by the following recent developments. 1. Near the end of April, I received a letter from the city stipulating that I had too many consecutive unexcused absences from the advisory board meetings. And that I should consider this letter ~y resignat!on from the board. Interesting. I immediately called the chairperson of the committee who said he had no idea what I was talking about and had no idea why this letter was sent, was never consulted about it and certainly did not agree with its content. He has stated verbally and in writing (see attached email) that my absences were excused due to previous notification to him of the absences. City code 2-89 states that the chairperson shall be notified by the member prior to the meeting, which was done. It also states that it is at the sole discretion of the chairperson as to whether or not the reason for the absence is excused or not excused. It does further state that these excused absences will be noted in the minutes of which the chairperson was unaware of and staff who kept the minutes inadvertently forgot to mention this fact to the chairperson. The chairperson was never asked, just a rush to judgment occurred. City code 2-89 states 3 unexcused absences and Parks and Rec. code 46-35 states four unexcused absences. This is not the point, the point is and remains that the chairperson of this committee and a past staff member of the board have stated that my absences were excused and they were notified. ( see attached emails). I was most embarrassed by this chain of events when attending the groundbreaking of the new skate board park of which I participated in the development of I discovered my name removed from the Parks and Rec Advisory board, was not asked to help in the groundbreaking and was thoroughly disgusted and humiliated at the ensuing Parks and recreation Advisory meeting that followed. Is this how this council wants its volunteers to be treated? I have never thought so 5/30/2002 Page 2 of 2 Is this how this council wants to be portrayed in the eyes of future and present volunteers? I would really like to know? I serve at the pleasure of the city council. I remain a volunteer for the council. Given the facts that are real and my absences were excused by the chairperson, I feel I am still a member of the Parks and Recreation Advisory Board and will remain so until this council removes me. I also feel that an apology should be issued to the hardworking members of this advisory board for them having to witness and waste time on this whole inappropriate matter. Thank you for your time. I remain your appointed volunteer Tory Buckley 5/30/2002 Tory Buckley.txt From: Bert Premuroso <Bert. Premuroso@SouthTrust.com> To: <panther@bigplanet.com> subject: Tory Buckley Date: Friday, May 24, 2002 3:19 PM My original letter that was sent to Jack per his request. 05/24/2002 03:18 PM Forwarded by Bert Premuroso/WPB/FL/STCORP on Bert Premuroso 05/22/2002 02:33 PM SouthTrust Bank TO : CC: jdoughney@ci, pal m-beach-gardens, fl. us cpresensky@ci, pal m-beach-gardens, fl. us subject: Tory Buckley TO follow up on our conversation this morning, I would like to reiterate that my ~osition on Tory’s lack of attendance during the past three months should ave been excused due to coaching conflicts. It appears that the timing and sequence of events that occurred in the last couple of months fell into place against Tory and resulted in a letter being sent to terminate him from the Parks and Recreati on Board without my knowledge. These events are as follows: 1) I did not realize that his lack of attendance was being recorded as "unexcused" 2) Changes in the Parks and Recreation staffing 3) Conslstent fluctuations in meeting days and times. 4)My absence from the last meeting when decisions were made The Board has recently lacked quorum’s in three of the last four meetings which is not alarming as we achieved our main goal which was the distribution of the survey. Also, this Board has traditionally met on a quarterly basis and I made the decision after becoming the chairperson to meet monthly with the intention of getting enough momentum to pursue a Bond Referendum in November, 2002. Based on the survey response, I belief our efforts are paying off. Please contact me directly with any questions or comments. Thanks. Page 1 Page 1 of 1 Tory Buckley From:BBBrianMcL@aol.com Sent:Wednesday, May 29, 2002 10:06 PM To:panther@bigplanet.com Subject: Meetings Tory, As I recall, the procedure the PBG Parks and Recreation Advisory Board used on unexcused absences for meetings was that if a member called in to say they wouldn’t be at a meeting, it was considered an excused absence. On such occasions, I would inform the board at the beginning of each meeting who had called in stating they wouldn’t be at a meeting, as well as who we hadn’t heard from. With respect to your particular situation, I can recall informing the board on a couple of different occasions that you had called me regarding your not being able to make a meeting due to a conflict with your duties associated with the PBGYAA girls softball, or your coaching duties. In fact, I can remember bringing your softball schedule to a meeting and discussing with the board your desire to have a meeting on a date that did not conflict with a your schedule. I believe the next meeting of the board was, in fact, scheduled so you would be able to make the meeting. If you, or anyone else has any questions regarding this, please feel free to contact me. 5/30/2002 0 0 m X < 0 0 .’ Agenda Item PALM BEACH COUNTY Department:I~~1 0~. ~ ~S~’~Ei~.~": " ’’ S~mitted By: Engineering and Public We, :.~ ~---~ ’.(~-~ S~mitted For: Office of the County ~ ,:~’6 ~’~~ ~ ’/:; I ~ E~CUTI~ BRI~~ Motion and Title: Staff requests Board direction on behalf of the Traffic ¯ Performance Standards Committee. S,mmary: The Committee was directed by the BOard in early April to prioritize ¯certain issues and attempt to finalize some recommendations that could be included in the upcoming round of Comp.~Plan amendments (July transmittal). They have submitted report on their effort and’:positions and recommendations~on various issues (attachment A). An ad-hoc group of North County municipalities have also begun focusing on the Ordinance. Theg als5 have articulated concerns as¯to what should be changed and will be .presenting their recommendation8 to the Committee and may also request that they be;allowed to pr4sent to the Board at this workshop. District: Countywide Background and Policy Issues: The Committee has addressed several issues since the April meeting. The major one involves the cQncern that~ we ’~give away capacity more than once,¯¯. Attachment A explains this issue in detail and suggests. approaches to prevent this from occurring¯in the future ........ The emphasis has been on evaluating whether a Five Year.review could prevent this from happening. (Cont. on Page ~3) . ~ttaol~lents: I.TPS Committee presentation summary 2.North County IntergQv~nmental CQ~mittee recommendations Recommended by: Approved By: Division Director Engineer 1 .Date .’ II,FISCAL IMPACT ANALYSIS A,Five Year Summary of Fiscal Impact: Fiscal Years 2002 2003 2004 200~200~ Capital Expenditures Operating Costs External Revenues Program Income (County} In-Kind Match (County). NRTFISCAL IMPACT # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included In Current Budget? Budget AGcount No," Fund Agency Reporting Category Org. No Object B, Recommended Sources. of Funds/Summary of Fiscal Impact: Departmental Fiscal Review: ¯III. A, 0FMB Fiscal and/or Contract Dev, and Control Comments: B, ~Legal Su: . ~ ~/AsSistant County ~ttorney C, Other Department Review: .Contract Dev, and Control Department Director This summary is not’to be used as a basis for payment, 2 Background and Policy Issues (cont.) They are not ready to make a recommendation as to the methodology if this were to be implemented, and have expressed.concern that some of the approaches being considered will have a "potential impact" on the ability of new projects to receive an approval. They also were privy. to a draft policy paper from the North County group and have provided some preliminary comments on the issues that it contained. The North County group is suggesting that the Ordinance needs to be expanded to include a long term analysis (Buildout)of the effect on the future road network of all properties (currently built and vacant). Thefr most significant issue involves the request that all vacant land be assigned a traffic generating potential and that any road link that is expected to be over-capacity in ’2025 not be approved to accept any significant new traffic until a Mitigation Plan is adopted for that specific link. They are also proposing that specific items in these new long-range traffic studies (significance (0,5%), trip generation, trip distribution, etc.) be addressed in a certain fashion. Attachment A Presentation to the Palm Beach County Board of County Commissioners By The Traffic Performance Standards Committee May 28, 2002 Subject of Presentation - At the~ transmittal hearing ofApril 14, the BCC dir.e~ted staff to address additional Transportation Standard (TPS) issues in the next amendment round. The Board discussion focused on national standards for trip generation, peak hour level of ¯ service standard, daily level of service standard, directional splits, imps.st fees and alternative methodologies for traffic analysis. They also identified bigger picture items that represented shortcomings in the ordinance. The TPS Committee had addressed many of the technical issues in the first set of amendments. Given the limited time to respond, the TPS Committee decided the best course was to start with the issue of giving away of capacity more than once through the concurrency process. This presentation focuses on the TPS Committee’s approach to addressing the problem of "giving away the capacity more than once" ¯ ¯ What is giving away the capacitY more than once? First, what it is not. It is not a simple process that can be easily remedied. To determine if capacity is available, components of traffic that will desire to use the road at a given time must be considered. Defining each of the components of traffic and their timing requires many assumptions, data input and complex analysis. i Test One of the Ordinalace requires an analysis period that coincides with the anticipated opening year of the development; referred to as Project Bulldout. The traffic volumes that are tested against¯ the available capacity include only development and [;rowth expected to be on the ground at that Project Buildout year. This method has lead tO multiple projects receiving concurrency using the same capacity. County staff has prepared a sample to show how this allocation occurs. (See Attachment A and B) t f What are the primary concerns related to giving away the capacity more than once? The biggest concern is that by following the required methodology, projects are approved when staff and the elected officials know that, in the future, sometimes very shortly in the future, the roadway will fail. However, by the existing ordinance this process is allowable. The current method doesn’t provide the mechanism to prevent the .project from proceeding, to require more appropriate mitigation or to reallocate or redefine capacity and levels of service. What is the TPS Committee suggesting to address this condition? The group considered many possible solutions. The first possible solution to be addressed in detail is that of conducting a five- year analysis. The TPS Committee has looked at and is beginning to evaluate a five-year,Horizon Year as a secondary analys.is to the Test One Analysis. The Five -Year Horizon Year Analysis would address the "known" environment. Each project, in addition to addressing its project buildout, would address an "existing plus 5. year" horizon year. The Five-Year Horizon Year Analysis would include existing traffic plus project traffic plus all approved projects expected to be generating traffic within 5 years. This total traffic would be analyzed against the existing plus committed five- year network. How does this approach eliminate giving away of capacity more than once? Since most of the projects submitted for approval have less than a five~yedf ~uildout, each applicant will be required to consider traffic from all projects expected over a 5-year period instead of the typical 1 or 2 year horizon. However, there would still exist a possibility of having an overeapacity situation for a few years if a construction project is ¯ scheduled in an out year of the road program. What about projects that are not approved, couldthe Inclusion of traffic from "future growth" trigger a failure that would not be caught through this Five-Year method? Yes. However, theoretically, long term planning and the DRI process should address long term impacts and long- term roadway improvements and strategies. t t Does our current long term planning provide for these future conditions adequately? That would depend on how one defines adequately. Interms of Level of Service D, the answer would be "no", as our current estimates project about 15% of our roads will not meet the D standard. If long term level of Service D is to be maintained, changes should be made to long term planning efforts. However, there are alternatives to maintaining LOS D including transit corridors and revised levels of service. What about the North County Draft Buildout TPS Policy? Does that policy address the long-term issues? The TPS Committee has reviewe~ the draft document and.offers several comments. ¯We commend the group for their acknowledgment of the need to address long range transportation conditions, however, we do not believe that the TPS ordinance is the right place for such a Policy. The TPS ordinance addresses the timing of roadways, and other improvements. We have recently developed and the BCC has accepted a set of detailed methodologies for analyzing project impacts in Test One - the project buildout analysis. These modification help to determine the project’s impacts and assess the need for making improvements. These impacts are different, than those that the area will experience when all development and all roadway improvements are made. It is this scenario when all development has occurred and all the roadway improvements are in place, that is addressed by the North County "Buildout" Policy. " While it is appropriate that the agencies should be aware of these conditions, we do not believe that it is helpful to address these long-term impacts at such a detailed level on a project by project basis. Furthermore, if only Long Term Scenarios are addressed,, one might find that Short Term and Interim Scenarios yield over capacity conditions. Goi, ng back to the Five-Year Horizon Year Analysis, how would the analysis be conducted? The method for conducting the analysis is critical, The BCC has become concerned about giving away capacity more than once, In doing projections, developers and consultants have expressed concern over the double counting of trips and the distribution methodologies of those trips. Additional concerns have also been raised related .to the accuracy of the database that tracks previously approved projects. The Committee has spent a great deal of time addressing the accuracy issue associated with these comments, and this is reflected in the following approaches.. 1. Using the Current MPO Model One method is to make use of the current Test Two model maintained by the MPO. Under this scenario, a list of previously approved development expected to be built within five years would be maintained. The network would be reviewed to ensure that it reflected only a five year committed network. The MPO would run a five year forecast using the model. The County Engineering Department would review the output and identify those roadway links that exceeded the adopted thresholds. The County Engineering Department would then document any manual adjustments that would be required to the model output.~ A map that identified the adjusted forecast, the LOS and the network .would be published twice a year.-Documentation including land use, SED, and documented adjustments ¯ would be available on file at the Engineering Department for applicants to review and challenge if appropriate. Refinements of this approach could also be implemented, whereby more detailed calibration and zonal refinements are made to the existing model. ’ 2. Using a New Model The use of a new model is another option. The new model could be a revised version that includes more traffic analysis zones and enhanced post processing routines. Or the model could be based on a new platform. The new model would receive base data from the MPO model .so that the land uses and road networks in the models could be consistent with each other. The use of a new model would require the evaluation of altemative models, testing of the new model, development of the model applications. For these reasons, this approach would take substantially longer to implement (and be more expensivel). However, the end result wo~ld be a model consistent with FDOT planning approach, but one that would allow the testing of land use and network alternatives at a more detailed level than is currently available. 3. Enhanced Data Base Opti.ons A final option is to update the input data and track the individual traffic estimates in a more comprehensive and accurate mann©r. Spreadsheet packages and system management tools are available or can be custom designed for Palm Beach County to track data and process the data. Output could be potentially directed into additional spread~eets and software packages to calculate Level of Service for FDOT standard applications. The spreadsheets could also be used to augment the existing or any proposed modeling efforts. Such tools could assist to maintain a higher level of accu~,acy and more user- friendly data in the model applications. Have you identified any shortcomings of the Five-Year Analysis.? We are concerned about the number of roadway failures that could be present under.such an analysis. Under Test Two today, a project is tested with the existing plus approved projects on the 2025 network. We basicallywill test the same land use but on a road network having many fewer lane miles. We have conducted a first run through the MPO to test our theory and we are in the process of evaluating the results. We believe the BCC should be aware of the potential impact on new land development activities associated with implementing any significan~t changes to TPS. Another shortcoming would be associated with the County’s five-year road program. . That program currently shows few roadway construction projects in years 4 and 5. Money is available for capacity projects, but has not been assigned. The five-year analysis we reviewed shows insufficient cap.acity to handle the five years of development. In reality, if additional roadways are be built within the five-year horizon using the uncommitted road dollars, several of the "overcapacity" roadways might disappear... What other items are the TPS Committee addressing relative to the Ordinance and the transportation concerns raised during the process? ¯We are considering what happens to the transportation nctwoi’k after five years. As we stated; the long-range conditions should be considcr.e,..d by the decision-makers when approving a project and also when considering land use changes that will increase traffic generation. We arc looking at options for including policy revisions to provide the decision-makers with information .regarding long-term conditions when a project goes through the TPS process. ¯ .However, we do not believe this policy will, or should, supplant the TPS process, The long-term conditions need to be addressed comprehensively in a larger .context than project by project, outside of the TPS analyses. To that end, we have also met with the LUAB to hear their opinions on the impacts of land use as they relate to transportation. ¯Finally, we are concerned about the tools that are currently in use relative to implementing new procedures. The MPO model is a tool designed for long range facilities planning as oppos©d to short term planning of any kind or long- term land use assessments. The Five-Year Analysis may b~ prohibitive without better tools. In other words, by expanding the horizon, year you ~ increase the data input and potentially the subjectivity of the final analysis. Whereas the analysis of large amounts of data is best done mechanically, the current MPO model may not possessthe features necessary to process the data in the format required. Correspondingly, if the County. elects to use a purely manual method instead of a model approach, with such large amounts of data, errors in double counting and lack of redistribution of traffic may be compounded. The TPS Committee will continue to explore options for addressing key transportation issues as they relate to the Traffic Performance Ordinance. We look forward to further discussions and direction from the BCC. A: Build-out Year Analysis, Giving Away the Capacity More Than Once This example is for a 4-lane roadway that can be expanded to 6-lanes. 4-lane LOS D 6-lane LOS D 2002 Volume Growth 32,500 48,900 28,550 500 per year f or next5 years (1) Project A submits a traffic study for 250 units to be built over next 3 years Total trips 2,500 Trips per year 833 Existing Background Background Background Project A Project A Project A End of 2005 28,000 Year 1 500 Year 2 500 Year 3 500 : Year 1 833 Year 2 833 Year 3 833 32,499 Project approved (2) Project B submits a traffic study for 133 units to be built over next 2 years Total trips 1,330 Trips per year 665 Existing Background Year 1 Background Year 2 Project A Year 1 Project A Year 2 Project B Year 1 Project B Year 2 End of 2004 28,500 500 500 833 833 665 32~496 Project approved (3) But Now the Volume in 2005 2004 Volume 32,496 Background Year 3 Project A Year 3 ~nd of 2005 5OO 833 33,829 Road exceeds LOS D This example is for a 6-lane roadway that cannot be expanded. 6-lane LOS D 2002 Volume Growth 48,900 44,900 500 per year f or next5 years (1) Project A submits a traffic study for 250 units to be built over next 3 years Total trips 2,500 Trips per year 833 Existing 44,900 Background Year 1 500 Background Year 2 500 Background ~ ~::. ’~Year 3 500 Project A Year 1 833 Project A Year 2 833 Project A Year 3 .8.33 End of 2005 48,899 Project approved (2) Project B submits a traffic study for 133 units to be built over next 2 years Total trips 1,330 Trips per year 665 Existing 44,900 Background Year 1 500 Background Year 2 500 Project A Year 1 833 Project A Year 2 833 Project B Year 1 665 Project B Year 2 665 End of 2004 48,896 Project approved (3) But Now the Volume in 2005 2004 Volume 48,896 Year 3 500 Project A Year 3 833 50,229 Road exceeds LOS D LOS E is 51,700 P R E L I M I N A R Y Attachment B TPS "BUILD-OUT"POLICY With~espect to an application for a development order for any proposed development project that has a "significant impact." .(½ of 1% of Level Of Service capacity) on a roadway link of a collector or arterial road which has been identified to have an overagedaily volume to capacity ex.ceeding 1.0 at "buitd-out". by .the Metropolitan Planning Orgdnization’s 2025 Plan or based upon a Io~al’government traffic study, then the applicant shall comply with a mitigation plan which has been adopted by the local government as part of their comprehensive plan. Alternatively, a local government may prepare a detailed traffic analysis. = A detailed traffic.study shall analyze daily traffic, AM peak traffic,.and PM peak traffic and shall demonstrate that projected total traffic do..es l~ot exc~e.d,_.1.0 v.OlLlme to capacity. The study shall be prepared by the local government and shall address the identified roadway link and all signalized intersections on the roadway link. The detailed traffic analysis shall include each of the following components: Land U==a Inventory. The Land U==e Inventory ==hal! Inoluda all vao~l~t property within a 2 mile radius= of any roadway or roadway link which been identified as exceeding its capacity. A development potential ==hall be assigned to all vacant land. For those properties which have approved development order, the development potential .shall be confined to the unbuilt portions of the approved development order. For vacant properties -that have a pending development order approval, the development potential shall be uses in the development order application. For all other properties, the development potential shall be the maximum density and intensity for the adopted future land use category, pursuant to the applicable local government’s comprehensive plan. Co Do Trip Generation. Project traffic for each vacant property in the Land Use Inventory shall be computed by using the latest ITE Trip Generation Handbook. ..~ Trip Distribution and Assignment. A Trip Distribution for each vacant property or properties shall be prepared based on professional accepted traffic planning principles. For vacant properties with an existing development order, the Trip Distribution shall be consistent with the Trip Distribution in the approved traffic study. Existing Traffic. Existing traffic shall be the latest published traffic volumes from Palm Beach County. Eo Future Traffic. Future traffic shall be calculated based on the Trip Generation and Trip Distribution, plus Existing Traffic, plus background traffic, which is 5% more than Existing Traffic. The background traffic shall address traffic from vacant outside the 2 mile radius. In place of the background traffic, the Detailed Traffic Study may.include a Land Use -Inventory of vacant property within a 3 mile radius of the identified overcapacity roadway or roadway link. Level of Service Analysis. The Level of Service Analysis shallinclude a comparison of the roadway Future Traffic to the FDOT Level of Service Tables based on all future traffic signals. Itshall also include A Highway Capacity Manual Operation Analysis of all signalized intersections.. Local governments shall ado, pt a Mitigation Planfor each identified r.oadway or roadway link(s) that exceeds the volume to capacity ratio (per MPO 2025 Plan, local traffic study, or a Detailed Traffic Analysis) prior to approval of a development order. The Mitigation Plan must address: a.New additional capacities (additional lanes, intersection improvement, reliever roadway, etc.) b.Reduced future traffic generation (via a Land Use Density/Intensity Amendment)". "" c.Transportation Demand Management Program d.CRALLS e.Contributions ($$) to reduce tripsfrom off-site locations (purchased by local government). The Mitigation Plan shall meet Palm Beach County’s adopted Level of Service. o Any CRALLS designation which is part of a Mitigation Plan may only be approved upqn the application of the affected local government and shall be approved by the Palm Beach County Board of County Commissioners. ¯¯ o i ,:,,",: ’,,,:, 0 0 o (1) 0 0 ~O ~ ~ ¢0 0 o o o o o 0 o o o o o o o o o o o o o o o 0 o o o o oo o o o o o o o o ¯ 0 N PARKS & OPEN SPACE PLANNING As Community Planners, we believe that open spaces - parks, plazas, conser- vation areas, trails and greenways - are essential to quality of life. These spaces should be integrated into the fabric of our communities along with other public infrastructure systems such as streets, utilities and stormwater drainage. The benefits of a well-planned system of open spaces includes increased property values, community identity, relief from urban congestion, improved community aesthetics, opportunities for recreation and socializing, protection of natural resources, and multi-modal transportation linkages. Our approach to the planning and design of open spaces emphasizes: meaningful public participation environmental sensitivity co-location of public facilities innovative design realistic implementation utilization of partnerships long term sustainability safety and accessibility Parks and Open Space Systems Greenways, Trails & Bikeways Systems Whether an open space project involves a single site or an entire community, nine acres or nine thousand acres, bail fields or boardwalks, we strive to assist our clients in developing a system of open spaces that meets their needs and enhances the quality of life in their communities. Conservation Lands Dave Barth Director of Parks & Open Space Planning Active and Passive Parks Community Centers GLATTING JACKSON KERCHER ANGLIN LOPEZ Trails and Bikeways Streetscapes, Plazas and Urban Open Spaces RINEHART LANDSCAPE ARCHITECTURE Glatting Jackson, through our site planning and landscape design services, excels in creating exciting people-oriented places. We are able to address a multiplicity of issues by integrating landscape design capabilities with master planning, environmental, and trans- portation planning services, allowing a comprehensive approach to any problem. We have created unique landscape designs and urban designs for a variety of public and private projects, including public parks, gar- dens and recreation facilities; downtown redevelopment programs; expressway and multi-modal corridors; residential and golf course communities; mixed-use, office, universities, colleges, and com- mercial developments. The landscape environments we create are designed to have imme- diate impact, maturing over time to become an integral part of the heritage of the community. We have earned a reputation among our clients for blending development goals and objectives with actual site conditions -- creating landscapes that are visually pleasing, yet functional, which harmonize with their natural and man-made sur- roundings. David Barth, ASLA, AICP, CPRP Principal in Charge - West Palm Beach Jay Hood, ASLA Director of Landscape Architecture Richard Durr, ASLA, AICP Senior Landscape Architect/Project Manager Kirk Olney, ASLA Landscape Architect AAA Corporate Headquarters Town Park Hollis Gardens Park Avenue gqnter Park 1,7llage 222 Clematis S~eet, Suite 200 WestP~mBeach, FL 33401 Phone: 561-659-6552 Fax: 561-833-1790 Cypress Grove Park GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART Calendar for Open Space Funding Ballot M~sure (Legislative Referral) f ~-~ Ci~y of Palm Beach Gardens Parks & Recreation Survey ~, Ci~y of Pahn Beach Gardens Parks & Recreation Survey o~ COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ~ 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. 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR CC)UNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I .~NI %A~II I IR~,1%&~,ll ~III)1)1 1%AMI: IIAI"E ON ~’HI(’H VOIF (X’CURRFD NAME O1" HOARI). (’()llS(’ll. (’OM M1%SIO,%. AU I II(.)RI1 Y. OR (’OM I HI’- I’K)ARI), COgN(’II.. COMMISSION. AU1 HORII"~" OR COM MFll"EE WlIICH I SERVE I.~ A IINI1 OF. ~C~’ O COUNTY O OIHER I.(X’AI. AGENCY NAME OF POI.ITICAI. SUBDIVISION: MY POSITION IS:~"~LECTIVE Q APPOINTIVE WHO MUST FILE FORM 8B 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 under Section I12.3143, Florida Statutes. ~bur r,.’sponsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on wh,.nher you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing ~he re~er~e side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from vo[intz on a measure which inures .to his special pri~ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by ~hom he is retained. in either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN b.~ publicly stating ~o the assembly the nature of .,,our interest in the measure on which you are abstaining from voting; and WITHIN I~ 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 county, municipal, or other local public office MUST 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 which 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, 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 olTicer or at his direction. IF YOU INTEND 1-O .MAKE .ANY ATTE,MPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ¯You should complete and l’ile this form (before making any attempt to influence’the decision) with the person responsible for reco,’ding the minutes of the meeting, who will incorporate the form in the minutes. ¯A cc.py of the form ,,hould be provided immediately to the other members of the agency. ¯The form ~hould be read publicly at the meeting prior to consideration of the matter in which you have a contlicz 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 the person responsible for rc~ording the minutes of lhe meeting, who should incorporale the form in the minutes. DISCLOSURE OF LOCAL OFFICER’S IN]’EREST (a) P, measure came or will come before my agency which (check one) __._~Inurcd to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Sig.~re 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 SAL..S, RY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM Ill - I-~1 PAGE m X < 0 0 Page 1 of 2 Tory Buckley From:Tory Buckley [panther@bigplanet.com] Sent:Thursday, May 30, 2002 2:47 PM To:’Joe Russo’; ’Annie Delgado’; ’Carl Sabatello’; ’Dave Clark’; ’Edc Jablin’ Subject: Parks and Rec Advisory Board Dear Council Members, My name is Tory Buckley. I have been a volunteer for this city for the last 6 years working with our youth. I sit on the PBGYAA Board of Directors I am the President of the Girls Softball Division of the PBGYAA More than a year ago I brought to the attention of this Council the needs of our parks in the city, and with your blessing and the forward thinking of this council helped set the wheels in motion that has caused us to be at this threshold or plateau in the evolution of this project. I served on the Initial Task Force committee to determine the city’s needs in our parks and recreation programs I served on the committee that took the initial task force committee recommendations to the next step, as we explored ideas for facilities, programs and the proper way to get them funded. This committee, upon the completion of its tasks was enveloped into the existing Parks and Recreation Advisory Board, the purpose of which was To complete the necessary steps in trying to get a bond referendum passed in this city for the upgrading of parks facilities and the development of new parks and facilities so that they would serve the present residents of this city and also be prepared for the future and present explosive growth this city is experiencing. I already was a member of the Parks and Recreation Advisory Board for more than 3 years so it was a natural evolution, for me, of this most worthwhile task. The council with its ever present desire to provide the best service possible for the residents of this city has lent its unwavering support to this ongoing project. Because of the council’s desire to have me serve on these committees and the knowledge that it has brought me and from my own personal experiences with the parks and recreation programs of this city, I would venture to say that there is not a resident of this city who has more first hand and hands on knowledge of what and where this city should be headed as far as its parks and facilities are concerned. I suppose that is why I feel so let down and frustrated by the following recent developments. 1. Near the end of April, I received a letter from the city stipulating that I had too many consecutive unexcused absences from the advisory board meetings. And that I should consider this letter my resignation from the board. Interesting. I immediately called the chairperson of the committee who said he had no idea what I was talking about and had no idea why this letter was sent, was never consulted about it and certainly did not agree with its content. He has stated verbally and in writing (see attached email) that my absences were excused due to previous notification to him of the absences. City code 2-89 states that the chairperson shall be notified by the member prior to the meeting, which was done. It also states that it is at the sole discretion of the chairperson as to whether or not the reason for the absence is excused or not excused. It does further state that these excused absences will be noted in the minutes of which the chairperson was unaware of and staff who kept the minutes inadvertently forgot to mention this fact to the chairperson. The chairperson was never asked, just a rush to judgment occurred. City code 2-89 states 3 unexcused absences and Parks and Rec. code 46-35 states four unexcused absences. This is not the point, the point is and remains that the chairperson of this committee and a past staff member of the board have stated that my absences were excused and they were notified. ( see attached emails). I was most embarrassed by this chain of events when attending the groundbreaking of the new skate board park of which I participated in the development of I discovered my name removed from the Parks and Rec Advisory board, was not asked to help in the groundbreaking and was thoroughly disgusted and humiliated at the ensuing Parks and recreation Advisory meeting that followed. Is this how this council wants its volunteers to be treated? I have never thought so 5/30/2002 Page 2 of 2 Is this how this council wants to be portrayed in the eyes of future and present volunteers? I would really like to know? I serve at the pleasure of the city council. I remain a volunteer for the council. Given the facts that are real and my absences were excused by the chairperson, I feel I am still a member of the Parks and Recreation Advisory Board and will remain so until this council removes me. I also feel that an apology should be issued to the hardworking members of this advisory board for them having to witness and waste time on this whole inappropriate matter. Thank you for your time. I remain your appointed volunteer Tory Buckley 5/30/2002 Tory Buckley. txt From: Bert Premuroso <Bert. Premuroso@SouthTrust.com> To: <panther@bigplanet. corn> subject: Tory Buckley Date: Friday, May 24, 2002 3:19 PM My original letter that was sent to Jack per his request. - Forwarded by Bert Premuroso/WPB/FL/STCORP on 05/24/2002 03:18 PM - Bert Premuroso 05/22/2002 02:33 PM SouthTrust Bank TO : cc: j doughney@ci, pal m-beach-gardens, fl. us cpresensky@ci, pal m-beach-gardens, fl. us subject: Tory Buckley TO follow up on our conversation this morning, I would like to reiterate that my ~osition on Tory’s lack of attendance during the past three months should ave been excused due to coaching conflicts. It appears that the timing and sequence of events that occurred in the last couple of months fell into place agai nst Tory and resulted in a letter being sent to terminate him from the Parks and Recreati on Board without my knowledge. These events are as follows: 1) I did not realize that his lack of attendance was being recorded as "unexcused" 2) changes in the Parks and Recreation staffing 3) Conslstent fluctuations in meeting days and times. 4)My absence from the last meeting when decisions were made The Board has recently lacked quorum’s in three of the last four meetings which is not alarming as we achieved our main goal which was the distributi-on of the survey. Also, this Board has traditionally met on a quarterly basis and I made the decision after becoming the Chairperson to meet monthly with the intention of getting enough momentum to pursue a Bond Referendum in November, 2002. Based on the survey response, I belief our efforts are paying off. Please contact me directly with any questions or comments. Thanks. Page 1 Page 1 of 1 Tory Buckley From:BBBrianMcL@aol.com Sent:Wednesday, May 29, 2002 10:06 PM To:panther@bigplanet.com Subject: Meetings Tory, As I recall, the procedure the PBG Parks and Recreation Advisory Board used on unexcused absences for meetings was that if a member called in to say they wouldn’t be at a meeting, it was considered an excused absence. On such occasions, I would inform the board at the beginning of each meeting who had called in stating they wouldn’t be at a meeting, as well as who we hadn’t heard from. With respect to your particular situation, I can recall informing the board on a couple of different occasions that you had called me regarding your not being able to make a meeting due to a conflict with your duties associated with the PBGYAA girls softball, or your coaching duties. In fact, I can remember bringing your softball schedule to a meeting and discussing with the board your desire to have a meeting on a date that did not conflict with a your schedule. I believe the next meeting of the board was, in fact, scheduled so you would be able to make the meeting. if you, or anyone else has any questions regarding this, please feel free to contact me. 5/30/2O02 05/21/2002 14:14 561-799-4280 Quelity from the ground up PBG PUB II~O/CIT S~PAC-~ 01/81 CATALFUMO Management and Investment,Ino.~9NSl’RUGTION * DEVELOPMENT - MANAGEMENT May 20, 2002 Kevin Wise Code Enforcement Administrator City of Palm Beach Gaxdens 10500 }4. Military Txail Palm Beach Gardens, FL 33410 Vacant Land Dear Mr. Wise: As you know, Catalfumo Development owns several parcels of vacant len d in Palm Beach Gardens. We are having a problem, especially on our parcels.along North~ake Blvd., where outside vendors and other unauthorized peop|e are utilizing.these sites for their o.wn use. This past. weekend, someolxe put up a tent on our property on Northlake Blvd., and.,was having some sort of"flea market". ]his was done with no approvals or knowledge of anyone at .Catalfum0... This letter is being sent to alext you and your suxff to this situation and to let you know we a~e trying to prevent this from happening again in the future. We are sending a copy of this letter to the Police Department to make them aware of the simmion also. If you have any suggestions to assist us with this situation, we would appreciate your comments. Nan~y~d~gue, CP M Director of Property Management 4~::X:) Cet, elfumo ~ - P~’n ~lech earOem, FIm’kl+ 3a~10 - 1~61} 6B4,aoO0 - Fit 1561) ~}~1-,5aB4 ¯ www.catalfumo.c~’~ ¯¯ City of Palm Beach Gardens Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 fhu.J-- 1 Council Member Clark @w-- _- - -I Mayor Jablin fwd Vice Mayor SabatellogR&.--T. Council Member Russo PbU a Council Member Delgado b-f CITY OF PALM BEACH GARDENS CiTY COUNCIL REGULAR MEETiNG May 30,2002 7:OO P.M. 1. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ANNOUNCEMENTS: IV. PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: .J a. North County Traffic Discussion Relating to TPSO. lyz,wd (3c 6~Lc- f~a>.++t;y~ VI]. COMMENTS FROM THE PUBLIC: (For Items Not on the Aeenda, please submit request form to the City Clerk prior to this Item) a. Consideration of approving Minutes from the May 2, 2002 Regular City Council Meeting. b. Resolution 75, 2002 - Assessment Agreement PGA Flyover. Consideration of approving an ageemenf with Gary R. Nikolits, as Palm Beach County Property Appraiser. !- E m 't- i, I- n, k CD n 2 Iu 0 W ;rg ? 7 0 c (D v, n, 0- nr -u n, 3 v, [Parcel 4.08 Buffer Section I Buffer Section C-C' Palm Beach Gardens, Florida a, Buffer Plan C-C' 4 a a I a aaa aaam aaa a a a I a m7 'T[g . . . .. - . . -. . . . . . - .. n D n r 0 m -I 2 r II t I" 1 Parcel 4.08 Palm Beach Gardens, Florida MASTER PLAN PUD Sheet SP-I lN3W3SV3 1 BNVNILNIVW 3)m tZf l7-b I I I Ill 4n a I I I Gordon Homes I' B 4 P> 32 d c cl z I' 5- Id m v) 0 1 dl I I u’-4‘ Qj- i j r---- j d 1 i i: j r 4 c L c I 0 * I 3 I I II I I PROPOSAL TO PROVIDE INDEPENDENT AUDIT SERVICES CITY OF PALM BEACH GARDENS OCTOBER 5,2001 n I n I I U n U n II II U n I I I I Proposal to Provide Independent Audit Services CITY OF PALM BEACH GARDENS October 5,2001 Caler, Donten, Levine, Druker, Porter & Veil, P.A. 505 South Flagler Drive, Suite 900 West Palm Beach, Florida 33401 cdlcpa.com (561) 832-9292 Contact Persons: Mark D. Veil, Partner Scott L. Porter, Partner Table of Contents Letter of Transmittal ............................................................................................................. 1 1. Firm Qualifications A. Firm Profile .................................... .... .. .. .. .. ................. ..... ...... ... ... ....... ................................ 4 B. Governmental Audit Experience ....... .. .. ......... ................. ... ... ...... ....................................... 8 C. Municipal Client References ............................................................................................ 11 D. Professional Staff .............................................................................................................. 12 E. Our Engagement Team and Resumes ............................................................................... 14 2. Specific Audit Approach A. Scope of Work .................................................................................................................. 24 B. Overview of Audit Procedures ......................................................................................... 27 3. Fee Schedule ......................................... ..........................I.............. ...... 31 4. Additional Requirement for Comparable CAFR ...... ...... ... ... . ... ... ... ... ....... .. ......... 32 5. Appendices Appendix A Appendix B Appendix C Drug-Free Workplace .............................................................................. 33 Standard Agreement ................................................................................ 34 Proposal Form ......................................................................................... 40 I D 411 CALER, DONTEN, LEVINE, - - - DRUKER, PORTER & VEIL, P.A. - CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K. CALER. JR., CPA LOUIS M. COHW. CPA DAVID S. DONTEN. CPA SCO'IT D. DRUKER. CPA, ID JAMES 8. HOTCHISON. CPA JOEL H. LEVINE. CPA JAMES F. MULLEN. PI. CPA THOMAS A. PENCE. JR., CPA SCOlT L. PORTER. CPA MARK D. VEIL. CPA 505 SOUTH FLAGLER DRIVE. SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa.com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Audit Selection Committee City of Palm Beach Gardens Palm Beach Gardens, Florida We are pleased to present our proposal to serve as the independent auditors for the City of Palm Beach Gardens. We are very proud of our Firm, our clients and our professionals and we hope this proposal conveys how strongly we desire to associate with the City of Palm Beach Gardens. We have a clear understanding of the qualities the City is seeking in their auditors. Caler, Donten, Levine, Druker, Porter & Veil, P.A. is the right Firm to meet your expectations by performing a thorough, quality audit in the timely and efficient manner that you expect. Equally as important, we understand the history behind the City and the challenges you face. We are available to the City throughout the year to answer your questions, serve as a professional resource, and advise you on matters that will ensure the continued financial stability and sound management policies of the City. Based on your Request for Proposal, our engagement will be a financial and compliance audit of the City of Palm Beach Gardens in accordance with generally accepted governmental auditing standards and the Rules of the Auditor General for the State of Florida. All work will be completed within the time schedule outlined by the City in the Request for Proposal. About Our Firm Caler, Donten, Levine, Druker, Porter & Veil, P.A. was originally formed in 1987 with five partners and one secretary; today it is the leading full service, local CPA firm in Palm Beach County with 36 employees. Why has our growth been so dramatic? Very simply, we provide the best client service at a reasonable price. Our firm was created by partners with a vision. Each of our partners was associated with one of the "Big Five" international accounting firms, but recognized that there was an opportunity to fulfill a need in our community with a new type of firm. Our philosophy was to combine the knowledge and experience of seasoned professionals from an international firm background with the responsiveness and flexibility possible with a local CPA firm. We eliminated the typical staff pyramid in favor of a new structure where most of the work is performed by our partners and managers, not by staff accountants or trainees. As a client of our firm, you will deal directly with the partners that have the knowledge, experience and authority to answer your questions and make critical business decisions. Why Select Caler, Donten & Levine? W m w m w m I m I m As you review the proposals for independent auditors, many firms will have qualified personnel and experience. In fact, some firms may appear to be equal choices. Why are we different and what makes Caler, Donten, Levine the best choice for the City? We suggest you consider the following: Experience - What percentage of the work on the City audit will actually bepe$omed by the partner and manager with the most experience? Most firms use a pyramid approach to audit staffing, where the least experienced staff accountants at the bottom of the pyramid, perform the majority of the work and the most experienced partners at the top perform as little as 5% or 10% of the engagement. The “key” members of our audit team, Mark Veil, audit partner with over 23 years experience, and Donna Wisneski, audit manager with over 14 years of experience will prepare a minimum of 50% of the audit. This means that our management team with over 35 years of combined government auditing experience is looking at the original books and records of the City in the high risk areas instead of relying on the work and judgment of less experienced junior accountants. Furthermore, this will make for a smoother transition and implementation of GASB 34. Finally, the City will be taking over the operation of the municipal golf course effective October 1,2001 and we have experience with both municipal and private golf course operations. Local Professionals - How many of the professionals pe$orming the City’s audit actually live and volunteer in our community? Understandably, the professional auditing guidance places a great emphasis on understanding the environment in which a client operates. The more an auditor knows about the history, current activities and future plans of the client, the better the understanding of why things are done and how improvements can be made. The members of our audit team know what is going on in our community because they live and work in the City; Mark Veil, the partner for the City, grew up and has lived in Palm Beach Gardens for over 35 years and, Donna Wisneski grew up in and has lived in Palm Beach Gardens since 1993. Scott Porter, the independent review partner, had previously lived in the City although he now resides just outside the city limits. Mark has previously served as president of the Northern Palm Beaches Chamber of Commerce and as a member of the North County Economic Development Group that was spearheaded by Mayor Russo. In addition, Donna currently serves as the chair of the City’s Beautification and Environmental Committee. Finally, our Firm audits the other major municipalities in the northern palm beaches including the Town of Jupiter, the Town of Juno Beach and the Town of Lake Park. Value - How much value will the City receive from each firm’s audit proposal? As with most things, the lowest price may not always be the best value, and this applies to professional auditing services as well as commodities. If an audit was nothing more than providing 60 copies of your audit report, the lowest price would probably be the best value. However, we believe that auditors should do much more. Auditors should be a resource for the City Council and management; available on short notice to help the City; answering your questions as they arise; assuring that policies and procedures are not only working, but still make sense; and, making recommendations that avoid future problems. Consider the value to the City of the personal commitment and 2 I I 1 I i involvement, the attention to detail and quality, and the years of government experience (over 35 years combined for Mark Veil and Donna Wisneski) of the professionals performing the work. As with most things, you get what you pay for. As a leading local firm in Palm Beach County, the City of Palm Beach Gardens will be a cornerstone client of our Firm and we look forward to serving your needs. If you would like to talk with us further on any matter presented in our proposal, please call Mark Veil or Scott Porter at (561) 832-9292. On behalf of Caler, Donten, Levine, Druker, Porter & Veil, P.A. Mark D. Veil, C.P.A. Partner 3 I I U n ll U n I m II I 3' A. Firm Profile Finn Background and Licensure Caler, Donten, Levine, Druker, Porter & Veil, P.A. was originally formed in 1987 with five partners and one secretary; today it is the leading full service, local CPA firm in Palm Beach County with 36 employees. Why has our growth been so dramatic? Very simply, we provide the best client service at a reasonable price. Our firm was created by partners with a vision. Each of our partners was associated with one of the "Big Five" international accounting firms, but recognized that there was an opportunity to fulfill a need in our community with a new type of firm. Our philosophy was to combine the knowledge and experience of seasoned professionals from an international firm background with the responsiveness and flexibility possible with a local CPA firm. We eliminated the typical staff pyramid in favor of a new structure where most of the work is performed by our partners and managers, not by staff accountants or trainees. As a client of our firm, you will deal directly with the partners that have the knowledge, experience and authority to answer your questions and make critical decisions. As the leading local firm in our area, our goal is to provide you with the very best quality service and personal attention to your specific needs. Our audit partners combine the professionalism and experience gained through over twenty years supervising government audits in the West Palm Beach office of Ernst & Young with the pride, commitment, and responsiveness to your needs that you would expect from a local business owner. The Firm's professional staff are certified public accountants with expertise in a variety of specialized areas and industries. Our clients include individuals, small to medium sized businesses, local governments, not-for-profit organizations, professional service firms and foreign businesses and investors. Our clients' businesses encompass a wide variety of industries including real estate, construction, retail, manufacturing, doctors, restaurants and entertainment, private clubs, golf courses, hotels, motels and health care facilities. While our practice is primarily concentrated in Palm Beach County, we also serve clients with interests that stretch from North to South America and into Europe and Asia. The professionals in our Firm are all members in good standing with the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants. Our professionals are also outstanding members of our community who recognize their obligation to return some of the success they have enjoyed. The professionals in our Firm are individuals of diverse talents and interests who devote considerable personal time to serving as officers and board members of local civic, cultural, charitable, religious, hospital and government organizations, as well as Chambers of Commerce and various professional associations. As was noted previously, the two key members of our audit team have volunteered their time serving the City of Palm Beach Gardens and its surrounding communities. 4 1 1 I 1 License to Practice Caler, Donten, Levine, Druker, Porter & Veil, P.A. is licensed to practice public accounting in the State of Florida. The Firm has provided continuous certified public accounting services since 1987. A copy of the Firm’s professional license is included below. Professional Associations The Firm is registered with the Florida Department of Professional Regulation and is a member in good standing of the American Institute of Certified Public Accountants, the Florida Institute of Certified Public Accountants, the Government Finance Officers Association, the Florida Government Finance Officers Association, the Palm Beach County League of Cities and the Association of Government Accountants. Independence Caler, Donten, Levine, Druker, Porter & Veil, P.A. is independent of the City of Palm Beach Gardens, Florida pursuant to generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Furthermore, neither the Firm nor any of its officers or employees has any conflicts of interest or professional relationships with the City of Palm Beach Gardens, Florida or any of its officials or employees. Our Firm’s system of quality control is specifically designed to identify any such professional relationships or potential conflicts. Quala Control and Peer Review Caler, Donten, Levine, Druker, Porter & Veil, P.A. is a member of the American Institute of Certified Public Accountants Private Companies Practice Section, an organization of CPA firms dedicated to maintaining the highest standards of quality. As a part of this program, each member firm must establish an internal quality control program and submit to an independent peer review every three years. Our quality control - 111 I1 - - 5 I I I I I I I I 1 I I I I I I I I I I program and government audit engagements have been extensively audited by an independent firm in connection with the Division's peer review program. Our firm received an unqualified opinion on the quality of our audit practice and government audit engagements, which is the highest level of achievement and recognition in the peer review program. In addition, we received no letter of comments on our peer review. This exceptional achievement means that there were no areas where the peer reviewers recommended improvements in the way our audits are performed. We encourage the City to ask other jhs whether they meet this same high standard of quality and to provide a copy of any letter of comments thejhs receivedfiom their latest peer review. A copy of our latest peer review report appears on the following page. Litighn Status In its history, the Firm and its professional staff have never been the subject of professional litigation or a complaint filed with the Florida Department of Professional Regulation or any other regulatory body. Further, the Firm has never received any findings resulting from Federal or State desk reviews or field reviews of our audits. We are proud of our professional record, which provides an excellent reference for the audit quality and professionalism the City can expect from Caler, Donten, Levine, Druker, Porter & Veil, P.A. 6 I I I I I I I I I I I 1 I 1 I I I Gamble Givens & 133 East First North Street, Suite 9 Summerville. SC 29483 Tel: 843.937.9710 Fax: 843.875.4919 200 Meeting Street, Suite 401 Charleston. SC 29401 Kiawah Island, SC 29455 Tel: 843.937.9710 Tel: 843.768.0209 Fax: 843.723.9573 Fax: 843.768.0701 2 Beachwalker Drive. Suite 7A www.ggmcpa.com CPActiv@ggmcpa.com September 27,2000 To the Shareholders Caler, Donten, Levine, Druker, Porter & Veil, P.A. We have reviewed the system of quality control for the accounting and auditing practice of Caler, Donten, Levine, Druker, Porter & Veil, P.A. in effect for the year ended June 30, 2000. A system of quality control encompasses the firm’s organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm’s compliance with the system based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICPA. In performing our review, we obtained an understanding of the system of quality control for the firm’s accounting and auditing practice. In addition, we tested compliance with the firm’s quality control policies and procedures to the extent we considered appropriate. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for accounting and auditing practice of Caler, Donten, Levine, Druker, Porter & Veil, P.A. in effect for the year ended June 30, 2000, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. B. Governmental Audit Experience Governmental Audit Clients We are very proud to be the auditors for the following government organizations in our area. The size and diversity of these governments provide a wide range of experience, but equally as important, is the date of our first engagement for these clients, indicated in parenthesis. Our long association with our clients, some since our founding in 1987, is an indication of the quality, professionalism and personal service we provide. As local business owners, we are committed to long-term relationships with audit clients in our local community. 0 Town of Juno Beach (1987) Town of Jupiter (1994) Town of Jupiter Island (2000) Town of Lake Park (1992) Town of Palm Beach (1994) Village of Royal Palm Beach (1993) Solid Waste Authority of Palm Beach County (1987) Palm Beach County Department of Airports (1992) Florida Inland Navigation District (1989) Delray Beach Community Redevelopment Agency (1990) In addition to our current clients, our partners also directed audits by the local office of Ernst & Young for the following local municipalities prior to forming Caler, Donten & Levine: Gorf Course Experience Town of Gulf Stream Village of North Palm Beach Village of Palm Springs City of Boynton Beach City of Delray Beach City of Lake Worth City of North Lauderdale City of Palm Beach Gardens City of Pembroke Pines City of West Palm Beach The City’s golf course represents a major investment of the City’s assets and a significant change in operations with assuming duties of the former management company on October 1, 2001. While this will not be a major factor in the 2001 audit, it will be in all subsequent years. Like municipal utility systems, golf courses have their own unique characteristics and 8 I I I I I I I I I I I I I I I I I I I audit issues. Our engagement team has the substantial experience auditing municipal and private golf courses that the City needs. Our current clients include the following with golf course operations: n Town of Palm Beach Emerald Dunes Golf Club Quail Valley Golf Club In addition, our audit partners also previously audited the following golf course operations: c City of West Palm Beach City of Boynton Beach City of Lake Worth Hobe Sound Company (Jupiter Island Golf Club) Cer@&ate of Achievement During the past 23 years, we have assisted local municipalities in attaining and maintaining the GFOA Certificate of Achievement for Excellence in Financial Reporting. Our partners’ experience includes audits for the following local government clients of our Firm that currently hold a Certificate of Achievement: 0 Town of Juno Beach Town of Jupiter Town of Palm Beach Village of Royal Palm Beach Solid Waste Authority of Palm Beach County We are very proud to state that during our partners’ involvement with these local governments, each has received successive Certificates of Achievement. This impressive record is a direct result of the commitment of our partners to local government and the Certificate of Achievement Program. The participation and success of the City of Palm Beach Gardens in the Certificate of Achievement Program is a high priority and great source of pride for the members of our engagement team. We have not had any clients that attempted to get the GFOA Certificate of Achievement, but did not. Results of Federal and State Desk Reviews Caler, Donten & Levine has not been subjected to a Federal or State desk review or field audit of any Federal Single Audit or State grant audit report filed within the last three years or in our history. Every Federal Single Audit report and State grant report filed by the Firm in its history has been accepted by the cognizant agency andor grantor agency with no subsequent audit, review or inquiry of our work. This is yet another indication of the thoroughness and quality of the audit that the City will receive, and can expect in the future. 9 I i I I I I I I I I I I I I I I Computerized Audit S0fiWQI.e As a firm we are committed to advancing the efficiency of our work through the use of the latest microcomputer technology. Automating our audit process has benefited our clients by reducing the staff and clerical time on the engagement, thereby providing more partner time to address the substantive issues of the audit. Accordingly, we have made a substantial investment in computer hardware and software for a firm of our size. Our audit team uses color notebook microcomputers as an integral part of all of our planning and fieldwork procedures. Some of the applications we use on our government audit engagements include the following: e The latest versions of spreadsheet software allowing compatibility with client worksheets and templates and importing of client data. e Trial balance and financial statement applications allowing importing of client data and summarization on audit lead schedules, posting of audit adjustments, preparation of financial statements and various analytical review tools. e Standard audit templates for various applications such as analytical review, property and equipment and related depreciation, debt schedules, loan covenants and rate covenant reviews. e A software package that determines random sample selections and sample sizes. e A software program for preparation and editing of audit programs, audit workpapers and functions such as confirmation control. 10 a m I m C. Municipal Client References The following engagements are our current municipal clients that our partners and staff currently serve. You will notice that most of our municipal clients are similar in size to the City. We sincerely hope that the City has an opportunity to contact these local governments to ask them about our knowledge, experience and commitment to personal service. Governmental Entity scow of work Date Client Contact Town of Juno Beach Financial Statement Audit State Grant Audits Bond Compliance Management Letter 1987 to present Mr. Joseph LoBello Finance Director 340 Ocean Drive Juno Beach, Florida 33408 (561) 626-1 122 Town of Jupiter Financial Statement Audit 1994 to present Mr. Michael Simmons Single Audit (federal and Finance Director state grants) 210 Military Trail Bond Compliance Jupiter, Florida 33458 Management Letter (561) 746-5134 Town of Jupiter Island Financial Statement Audit 2000 to present Ms. Connie Holloman State Grant Audits Finance Director Bond Compliance Bunker Hill Road Management Letter Jupiter Island, Florida 33475 (561) 546-501 1 1992 to present Town of Lake Park Financial Statement Audit Single Audit (federal and Bond Compliance Mr. Michael Arciola Finance Director state grants) 535 Park Avenue Lake Park, Florida 33403 Management Letter (561) 881-3351 Town of Palm Beach Financial Statement Audit 1994 to present Ms. Jane Skittone State Grant Audits Finance Director Bond Compliance Management Letter 360 S. County Road Palm Beach, Florida 33480 (561) 835-4724 Village of Royal Palm Financial Statement Audit 1993 to present Mr. Stanley Hochman state grants) 1050 R.P.B. Boulevard Beach Single Audit (federal and Finance Director Bond Compliance Royal Palm Beach, Florida Management Letter 3341 1 (561) 790-5 112 11 II I m II D. Professional Staff The number of professional staff employed by Caler, Donten, Levine, Druker, Porter & Veil, P.A. is as follows: II I I II Professional Job Descriptions Partner Staff Level Partner Manager Senior Staff Totals II II 10 3 3 1 7 2 16 2 36 8 Number of CPA's on Audit Staff 3 I 2 2 8 Our partners are the owners of our Firm. They are the decision makers for all aspects of our professional practice. All of our audit partners are CPAs and have a minimum of twenty years of professional experience. They are responsible for all aspects of each engagement and for performing a substantial portion of the audit work. Manager Managers are CPA's with a minimum of ten years of professional experience. They are responsible for performing audit procedures under the direct supervision of a partner in the field and are knowledgeable and experienced in their practice area. 12 I I I I Senior Seniors are CPA's with a minimum of five years of professional experience. They are responsible for performing audit procedures under the supervision of a partner or manager in the field. Seniors have the experience and knowledge to deal effectively with client personnel on routine matters. Our other professional staff are generally oriented toward our tax practice. Due to the importance we place on the quality of our audit engagements, we have not hired below the senior staff level (five year minimum experience) for the audit practice. However, some staff periodically work with our auditors performing confirmation and clerical functions for audit engagements . 13 E. Our Engagement Team and Resumes v Our Engagement Team The City of Palm Beach Gardens is managed by knowledgeable professionals with many years of experience in government and the City has a right to expect the same skills from their audit team. Our audit team meets this expectation in one very simple way. Our best and most experienced government auditors will perform the City’s audit. We will provide consistency, quality and professionalism in the audit staff assigned to the engagement. A team of experienced professionals performing your audit is the only way to ensure thoroughness and quality, with an efficient audit process that does not waste your time. Our commitment to the highest level of professional staffing on engagements means that our engagement partner and manager perform substantially more of the audit work than any other accounting firm we know of. Why is this important? In our Firm, the most experienced and knowledgeable CPA’s are the professionals examining your source documents, transactions and investments. We know what to look for and how to avoid potential problems. Compare the 23 years of experience of our partner and 14 years of experience of our manager, to other accounting firms using staff with 1 to 2 years experience and seniors with 3 to 4 years experience. Our engagement team for the City’s audit and their respective commitment to the job is anticipated to be as follows: Engagement Partner - Mark Veil 25% Review Partner - Scott Porter 5% Audit Manager - Donna Wisneski 30% Audit Senior - Cindy Fader 40% In today’s world of audit firms, turnover is a major issue for firms and clients alike. Due to our unique emphasis on high-level professionals performing your audit work, Caler, Donten & Levine will be able to provide continuity and stability of the audit team for the City for the entire term of our engagement. This means that the valuable time of the City’s professionals is not wasted on training and re-training new auditors each year. In addition, Mark and Donna each have substantial hands-on audit experience in specialized areas of governmental accounting and finance that are important to the City, such as: 0 0 0 0 Municipal bond financing, including general obligation and issues secured by various special revenues, refunding bond issues, bank financings and interest rate swap agreements. All aspects of Enterprise operations, including golf courses. Pension plans covering police, fire and general employees, including pension trust funds administered by municipalities, the State of Florida and third parties, such as the Florida League of Cities. - Federal and State Single Audits of grant funds. 14 Each member of the audit team for the City of Palm Beach Gardens has exceeded the continuing professional education (CPE) requirements established by the American Institute of CPA’s, the Florida Board of Accountancy and Government Auditing StandQrh, issued by the Comptroller General of the United States. As detailed in the individual resumes for the engagement team for the City of Palm Beach Gardens, each of our professionals has substantially exceeded the minimum requirement of 24 hours of governmental CPE in the preceding two-year period. Our audit partners, Mark Veil and Scott Porter, had 71 hours or nearly 3 times the required 24 hours; our audit manager, Donna Wisneski, had 78 hours or slightly more than 3 times the requirement. We assure the City that all members of the audit team will meet the government CPE requirements for the duration of their involvement on the audit. As you will see from the resumes on the following pages, each member of our team has experience directing audits for a diverse range of small and large municipalities and special district governments. This means that you will deal only with experienced professionals who know how to audit municipalities similar to the City, without disrupting the daily routine and productivity of your staff. In addition, with an experienced partner working on-site at the City during the audit, we will make decisions and discuss issues and recommendations as the audit progresses so there are no last-minute surprises. 15 I I I I I I I I I I 1 I I I I Education Government Audit Experience 16 Mark D. Veil, C.P.A. Audit Engagement Partner Bachelor of Science in Accounting and Master of Accounting, University of Florida, Gainesville, Florida. Mark is a licensed Florida C.P.A. who began his career with Ernst & Young in West Palm Beach. After 9 years at Ernst & Young, Mark left to be a founding partner of Caler, Donten, Levine, Druker, Porter & Veil, P.A. Mark’s governmental continuing professional education (CPE) exceeds the requirements of Florida Statutes and Government Auditing Standards issued by the Comptroller General of the United States. Mark’s experience with the audits of local governments over the last three years includes the following: Municipalities I 0 Town of Palm Beach 0 Town of Lake Park 0 Village of Royal Palm Beach 0 Town of Jupiter 10 Town of Juno Beach 0 Town of Jupiter Island I Special Districts and Counties I 0 Solid Waste Authority of Palm Beach County 0 Florida Inland Navigation District D Palm Beach County 0 Delray Beach Community Department of Airports Redevelopment Agency I I I In addition, Mark has been involved in numerous Single Audits and State grant audits for our government clients. I I I I I I I I I I I I Professional Associations and Activities American Institute of Certified Public Accountants Florida Institute of Certified Public Accountants Past President of the East Coast Chapter Florida Government Finance Officers Association Association of Government Accountants Certified Government Financial Manager Northern Palm Beaches Chamber of Commerce Member of Board of Directors, past-president Palm Beach County League of Cities Northern Palm Beach County/Southern Martin County Planning Forum Participant Port of Palm Beach Audit Committee Professional and Business Forum Leukemia and Lymphoma Society, Treasurer - Palm Beach Chapter Government CPE Credit Hours Government Continuing Pro fessw nal Education WE) Florida GFOA 2000 Annual Conference Florida GFOA - GASB 34 Implementation Auditor General - Florida Single Audit Act Ernst & Young Local Government Seminar 2000 Florida GFOA 200 1 Annual Conference Ernst & Young Local Government Seminar 2001 17 8 6 7 17 16 Total hours of Government CPE - prior two years 71 17 I I I Education I I I I 1 I I I Government Audit Experience I 1 I I 18 Scott L. Porter, Audit Review C.P.A. Partner Bachelor of Business Administration in Accounting, Stetson University, Deland, Florida. Scott is a licensed Florida C.P.A. who began his career with Ernst & Young in West Palm Beach. After 11 years at Ernst & Young, Scott left to be a founding partner of Caler, Donten, Levine, Druker, Porter & Veil, P.A. Scott's governmental continuing professional education (CPE) exceeds the requirements of Florida Statutes and Government Auditing Standards issued by the Comptroller General of the United States. Scott's experience with the audits of local governments over the last three years includes the following: Municipalities 0 Town of Jupiter 0 Town of Palm Beach c1 Town of Lake Park 0 Village of Royal Palm Beach 0 Town of Jupiter Island 0 Town of Juno Beach I Special Districts and Counties I 0 Solid Waste Authority 0 Palm Beach County 0 Florida Inland Navigation 0 Delray Beach Community of Palm Beach County Department of Airports District Redevelopment Agency In addition, Scott has been involved with grant audit engagements including Single Audits of federal programs and State grant programs involving the following federal and state agencies: Economical Development Department Administration, Department of Environmental Protection, Department of Justice, Department of Housing and Urban Development, Department of Labor, Department of Transportation, Federal Aviation Administration and Federal Emergency Management Administration. I 1 I I I I I 1 Professional Associations and Activities American Institute of Certified Public Accountants Florida Institute of Certified Public Accountants Government Finance Officers Association Committee on State and Local Government (past) Achievement for Excellence in Financial Reporting (past) Special Review Committee for the Certificate of Florida Government Finance Officers Association Technical Resources Committee (past) Association of Government Accountants Certified Government Financial Manager Palm Beach County Internal Audit Committee (past) Palm Beach County League of Cities Palm Beach County Health Care District Directions '94 Conference participant South Florida Vision 2025 participant Board member 1992 to 2000, past Secretary, Chairman and Vice-chairman Government CPE Credit Hours Government Continuing Professional Education (CPE) Florida GFOA 2000 Annual Conference Florida GFOA - GASB 34 Implementation Auditor General - Florida Single Audit Act Ernst & Young Local Government Seminar 2000 Florida GFOA 2001 Annual Conference Ernst & Young Local Government Seminar 2001 17 8 6 7 17 16 Total hours of Government CPE - prior two years 71 19 I I I I I I I I I I I I I I I I I I I Education Government Audit Experience Donna M. Wisneski Audit Manager Bachelor of Science in Accounting, Florida State University, Tallahassee, Florida. Donna is a C.P.A. licensed in Mississippi and has met the governmental continuing professional education (CPE) requirements of Florida Statutes and Government Auditing Standards issued by the General Accounting Office. Donna is working on the reciprocal transfer for her Florida C.P.A. license after relocating back to Florida. Donna joined our Firm in 1993 and has workedextensivelyon governmental audits in Mississippi and Florida since beginning in public accounting. Her governmental audit clients over the last three years have included the following: Municipali tics I 0 Town of Jupiter 0 Town of Palm Beach Cl Town of Lake Park 0 Village of Royal Palm Beach Special Districts and Counties I 0 Solid Waste Authority of Palm Beach County 0 Delray Beach Community Redevelopment Agency 0 Palm Beach County Department of Airports 20 I I I I I I I I 1 I I I I i I I I I I Professional Associations and Activities American Institute of Certified Public Accountants Florida Institute of Certified Public Accountants Florida Government Finance Officers Association Association of Government Accountants Certified Government Financial Manager Maternal Child and Family Health Alliance of Palm Beach County, Inc. - Board Member City of Palm Beach Gardens, Beautification and Environmental Committee - Chair Government CPE Credit Hours Government Continuing Professional Governments in Florida Education State and Local Government Update FICPA Auditing and Reporting on Local Auditor General - Florida Single Audit Act Ernst & Young Local Government Seminar 2001 FICPA State and Local Government WE) FICPA Governmental Annual Update Accounting Conference 16 16 6 8 16 16 Total hours of Government CPE - prior two years 78 21 I I I I 1 I I I I I I Education Government Audit Experience Professional Associations and Activities 22 Cindy Fader, C.P.A. Audit Senior Bachelor of Science in Accounting, Carson - Newman College, Jefferson City, Tennessee. Master of Accounting, Florida Atlantic University, Boca Raton, Florida. Cindy is a C.P.A. licensed in Florida and has met the governmental continuing professional education (CPE) requirements of Florida Statutes and Government Auditing Standards issued by the General Accounting Office. Cindy joined our Firm in 1998 and has worked extensively on governmental audits in Florida since that time. Prior to joining our Firm, Cindy spent ten years with another West Palm Beach CPA firm. Her Florida governmental audit clients over the last three years have included the following: Municipalities I 0 Town of Jupiter 0 Town of Palm Beach 0 Village of Royal Palm Beach I 1 Special Districts and Counties 1 0 Delray Beach Community Redevelopment Agency CJ Florida Inland Navigation District Florida Institute of Certified Public Accountants American Institute of Certified Public Accountants Florida Government Finance Officers Association I I I I I I I I 1 I I I I I I I Government Continuing Professional Education (CPE) State and Local Government Update FICPA Auditing and Reporting on Local Governments in Florida FICPA Governmental Annual Update Auditor General 2000 Seminar Government CPE Credit Hours 8 8 16 6 Total hours of Government CPE - prior two years 38 23 II I m II II II U I II e r I1 I -.* A. Scope of Work Based on your request for proposal, we believe our task to be the achievement of the following objectives in a timely and cost effective manner with the least amount of disruption to your staff. Audit of the City’s General Purpose Financial Statements We will audit the general purpose financial statements of the City of Palm Beach Gardens, Florida for the fiscal years ending September 30,2001,2002 and 2003 in accordance with Section 11.45 of the Florida Statutes and Chapter 10.550 of the Rules of the Auditor General. Our audit will be conducted in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States. We will meet or exceed the performance specifications for the audit stated in your Request for Proposal. We will also review the financial report prepared by the City of Palm Beach Gardens for the Department of Banking and Finance to assure consistency with the CAFR. Technical Assistance for the GFOA Certificate of Achievement Program We will perform a technical review of the City’s Comprehensive Annual Financial Report (CAFR) for each year of the audit. This technical review will be directed specifically to the additional and special requirements of the Certificate of Achievement Program that are beyond the requirements of generally accepted accounting principles. This review is critical to the City maintaining its Certificate. Compliance Reports We will also issue the following compliance reports, as necessary, in accordance with the rules of the Auditor General and Government Auditing Standards. D Independent Auditor’s Report on Compliance and on Internal Control over Financial Reporting based on an Audit of General Purpose Financial Statements performed in accordance with Government Auditing Standards - As part of our audit, we will perform tests of the City’s compliance with certain provisions of laws, regulations, contracts and grants. For the City’s various internal control categories, we will obtain an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and assess the control risk. If necessary, the required Independent Auditor’s Report on any deterioration of the financial condition of the City of Palm Beach Gardens. 24 Management Letter I I I I I I I I While a management letter is required by the Rules of the Auditor General to comment on various matters of compliance with laws, policy, rules and regulations, irregardless of materiality, we do not view our management letter as a “report card” for the City and we strongly discourage this view in any discussion of the management letter. We believe the most important aspect of the management letter is an opportunity for us to look at the City and its operations, and make suggestions to improve controls and efficiency within the City, address matters before they become problems and assist the City Manager and Finance Director in their efforts to manage the operations of the City. We believe that this is one of our most important objectives in serving the City and one which can only be successful with involvement by experienced partners who recognize what can go wrong, and with input from the City Manager and Finance Director at all stages of the audit and throughout the year. Technical Asskkznce With Implementation of GASB 34 In June 1999 the Governmental Accounting Standards Board (GASB) issued Statement No. 34, Basic Financial Statements-and Management’s Discussion and Analysis-for State and Local Governments, which makes dramatic changes in the way all governments report their finances to the public. Due to the significance of the changes, GASB provided for a three- year phased implementation. The City of Palm Beach Gardens is a “Phase II” government requiring adoption and reporting in accordance with GASB 34 for the fiscal year ending September 30,2003. Our implementation efforts for GASB 34 will begin with the September 30,2001 audit and the identification of the significant changes that will affect the City. We will work together with you to develop the additional information required by GASB 34 well in advance of the required date. For the City of Palm Beach Gardens and most of our other government clients, GASB 34 will not require any significant changes to the basic accounting system or underlying accounts from which the financial statements are prepared. Since the City des not account for infrastructure assets, we will work together to develop a reasonable approach to account for these assets. In addition, the City will be required to depreciate its fixed assets presently accounted for in the General Fixed Assets Account Group. The other significant implementation issue for the City of Palm Beach Gardens will involve the financial statement presentation and conversion to the “government-wide” reporting model. Following completion of the 2001 audit, we plan to develop the GASB 34 financial statements for each of our clients so the basic format is ready for implementation. This would include the Management Discussion and Analysis section, Government-Wide Financial Statements and other Required Supplementary Information. 25 I 1 1 I I I I I 1 I I I I 1 I In summary, our approach to the implementation of GASB 34 is to work together to identify and resolve the areas that will need additional work well in advance of final adoption in 2003. We want the City to have a smooth transition to the new reporting model and we consider our assistance to be part of our long-term working relationship and commitment to the financial leadership of the City. Federal and State Single Audit Acts Based on our discussion with you and the Request for Proposal, the City does not appear to be subject to the provisions of the Federal and State Single Audit Acts for the fiscal year ended September 30,2001. Should circumstances change, we have the expertise to do such audits. 26 I I II D. Overview of Audit Procedures w Overall Audit Approach Our audit approach for the City of Palm Beach Gardens will be segmented into a four-phase process that is tailored specifically to the accounting system and internal controls of the City. These phases are as follows: Phase I - Information gathering and preliminary planning Phase 2 - Audit program development Phase 3 - Internal control testing and year-end fieldwork Phase 4 - Report preparation and review Thefirst phase of our audit approach involves gathering information. In order to understand the internal and external environments in which the City operates, we will meet with the City Manager and Finance Director to obtain their input into the audit process. We will inquire about any areas in which management has concerns. We will obtain information and documentation about the City’s computer system, its internal control systems, and its key people. We will review prior year financial statements, the current year budget, organization charts, manuals and programs, and financial and other management information systems. We will perform preliminary analytical procedures to identify variances from budget and changes from the prior year. We will review the City’s Code of Ordinances and debt agreements to identify which items to test for compliance. Finally, we will establish a work-plan with the City Manager and Finance Director and schedule the specific dates and tasks to be completed. The secondphase of our audit approach involves development of our formal audit program. Based upon the information gathered in the first phase, we will prepare an audit program that has been specifically tailored to the City and the transactions that have occurred during the year under audit. Since the audit program is prepared by an audit partner with a significant amount of governmental audit experience, you can be assured that it is the most effective and efficient approach to the audit of the City. During this phase we will work with your staff to coordinate the schedules and confirmations to be prepared for the audit. We will also review schedules that your staff prepares on an ongoing basis and utilize these schedules for the audit, thus eliminating duplicate work. The third phase comprehends the actual interim and year-end fieldwork. The interim fieldwork consists mainly of the testing of the internal control systems, samples of transactions and grant program transactions. and in subsequent years will be performed during the summer months. The year-end fieldwork will consist of year-end tests of balances, compliance testing and confirmation procedures. This process will commence once your books have been closed and the year-end schedules completed. The fourth phase of our audit approach involves the preparation and review of the various audit reports comprising your audit. We will review your General Purpose Financial II Statements and prepare the compliance reports, if applicable, Single Audit reports and management letter based on the information gathered during the performance of our audit procedures. Then, a partner who hasn't worked on the engagement will independently review these reports for completeness and accuracy. Next, we will review the final drafts with you and incorporate your comments before issuing the final reports. This process will be completed so that your reports will be issued prior to your deadline, with your input. Sample Sizes and Statistical Sampling AICPA Statements on Auditing Standards and the AICPA Audit and Accounting Guide, Audit Sampling, establish the requirements and provide suggestions on the use of sampling in audit engagements. In applying these authoritative pronouncements to a governmental audit engagement, four distinct types of audit tests may involve the use of audit sampling, as follows: Substantive tests of balance sheet account balances Substantive tests of details of transactions Tests of controls Tests of compliance with laws and regulations Substantive tests of balance sheet account balances would generally involve year end confirmation of balances and sample size would be dependent upon the account balance and the relative dollar amount of the individual accounts. Generally, we combine confirmation and other substantive tests of balances to achieve an acceptable level of reliability. Substantive tests of details of transactions and tests of controls are usually combined into a "dual purpose test" utilizing the same sample of transactions. For example, we would select a sample of expenditures and test the transaction amounts by agreement to the general ledger postings. We would also test the controls, such as purchase order requirements, related to the same expenditure. We anticipate the following tests and sample sizes as part of our audit of the City: 0 0 0 0 Governmental fund type revenues Expenditures Payroll Golf Course revenues 25 transactions 60 transactions 25 transactions 25 transactions All samples will be selected randomly from the total population of transactions during the year. For example, expenditures may be selected randomly from all check numbers issued during the year. We utilize an audit software program that randomly selects check numbers from the check series used during the year. Tests of compliance with laws, policies and regulations would usually be incorporated with samples selected for tests of transactions and internal controls. Other criteria to be tested, such as specific grant compliance, may involve selecting a separate random sample of specific transactions and testing the supporting documentation for compliance with Florida 28 I I I I I I I Statutes, the City Code or grant requirements. The sample sizes will depend on the number of transactions and the significance of the compliance requirement. Generally the compliance sample sizes are 25 transactions or less. ArtQlyticQl Procedures AICPA Statements on Auditing Standards require the auditor to apply analytical procedures as an overall review of financial information in the final stage of the audit. While the Statement does not specify any particular analytical procedures, our audit approach utilizes procedures that focus on the overall relationships within the general purpose financial statements. We also apply similar financial statement analytical procedures during the preliminary planning phase of the audit to identify any unusual or unexpected relationships that may warrant further investigation. During the course of the year-end fieldwork we utilize analytical review procedures to support the results of our other audit procedures. For example, in the testing of revenue and expenditures we would apply analytical procedures by comparing current year and prior year actual balances and comparing current year actual amounts to budgeted amounts. Any unusual or unexpected variations would be considered for further testing. Documentation of Internal Control 1 1 AICPA Statements on Auditing Standards define the elements of an entity's internal control and describes how the auditor should consider the internal controls in planning and performing an audit. The auditor is required to obtain an understanding about the design of relevant policies and procedures and whether they have been placed in operation by the entity. Generally our approach to obtaining an understanding and documenting internal controls includes the following methods: I I I I i 0 0 0 Observation of activities and operations Inspection of documents and records Inquiry of appropriate management, supervisory and staff personnel For each of the major control systems, such as purchasing and cash disbursements, we will perform a "walk through" of a transaction from its inception until a check is prepared for final payment. We will update our documentation of the control system narratives and flowcharts, incorporating copies of new forms and sign-off procedures. This procedure would be repeated for each major control system of the City. Legal Compliance Documentation Generally, legal compliance criteria can be found in Florida law, rules, grant agreements, local ordinances, resolutions, policies, contracts and similar documents. In connection with our Firm's governmental audit practice, we maintain a legal compliance audit program of 29 I I I I I i I I I I I I I I I I 1 I I significant requirements of Florida Statutes related to municipalities. This legal compliance program is updated annually for amendments to the Florida Statutes. Specific legal compliance criteria related to the City of Palm Beach Gardens is the basis for a legal compliance audit program of the significant compliance requirements we identified by a review of the City Code of Ordinances and Charter. We will also consider the written policies and procedures, such as a purchasing manual, followed by management in the course of day-to-day operations. As contracts, grant agreements, resolutions and similar documents are identified by inquiry of management and our audit procedures, any additional legal compliance requirements would also be added to the compliance audit program. All compliance audit programs are updated annually during our preliminary planning process. Scott Porter was a member of the FICPA Committee on State and Local Government that developed the FICPA practice aid Compliance Auditing in Florida that established the compliance criteria now followed by government auditors in Florida. Compliance Audit Sample Selection The samples selected for testing legal compliance criteria will generally be incorporated with the random samples selected for testing transactions and internal controls. Other more specific legal requirements, such as contractual requirements, may be tested by selecting judgmental samples. Although legal compliance testing is generally not as extensive as tests of account balances and internal controls, we plan to support all major compliance requirements by a sample or workpaper analysis. 30 m I I I I ll I I I I II I U n I m I I II II I I II n II 4. Additional Requirement for Comparable CAFR Comprehensive Annual Financial Report For Similar Engagement Performed By Our Firm As indicated in the Request for Proposal, we have included under separate cover, a copy of the Comprehensive Annual Financial Report issued by the Town of Palm Beach, Florida for the year ended September 30,2000, which includes their management letter. 32 II U II II Appendix A DRUG - FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Caler, Donten, Levine, Druker, Porter & Veil, P.A. does/- (circle appropriate response): 33 I. 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 violation of such prohibition. Z. 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. I Appendix B We have reviewed the City’s standard contractor agreement included in the Request for Proposal and agree with the form and content of the agreement. We would proDose two changes which are highlighted in the following document and summarized as follows: Article 2: Incorporate a standard annual engagement letter to include the professional requirements and provisions of generally accepted accounting principles (GAAP) to comply with our peer review requirements. Article 4: Provide for a monthly billing of the work performed on the audit. We would be pleased to discuss these items with you at your convenience. 34 i I I Appendix B (Continued) AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (“City”) and Caler, Donten, Levine, Druker, Porter & Veil, P.A., a corporation (“Contractor”). WHEREAS, the city desires to retain the services of the Contractor to provide Audit Services. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF RFP The terms and conditions of this Agreement shall include and incorporate the terms, conditions and specifications set forth in the City’s Request for Proposal for Audit Services dated September 24, 2001 (“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 and the Contractors annual engagement letter, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to Contractor the sum of $32,875. For the audit for the fiscal year ended September 30,2001, $34,500 for the fiscal year ended September 30,2002 and $35,900 for the fiscal year ended September 30,2003. 35 I I I I I I I I I I I I ARTICLE 4. INVOICES AND PAYMENT Invoices The Contractor shall submit invoices to the City on a monthly basis based on the work performed. Payment The City shall pay each invoice within forty-five (45) days, in accordance with the Florida Prompt Payment Act (F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the 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 not 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. ARTICLE 6. INDEMNIFICATION I I I I I I I The Contractor recognizes that it 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, same 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: 36 I I I I A. B. C. The Contractor shall maintain Commercial General Liability insurance at a limit of not less than $1,000,000 per occurrence. The Contractor shall maintain Business Automobile Liability insurance at a limit of not less than $1,000,000 per occurrence for all owned, non-owned and hired vehicles. 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 I I I I I I I I 37 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 certified mail (postage prepaid), return receipt requested, to the following addresses: As to City: With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 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: Caler, Donten, Levine, Druker, Porter & Veil, P.A. 505 South Flagler Drive, Suite 900 West Palm Beach, Florida 33401 Facsimile: (561) 832-9455 B. C. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. I I I I I I I I I I I I I D. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 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 Palm Beach County, Florida, and each party hereby waives whatever its respective rights may 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 date it has been executed by both the parties hereto. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. J. Attorney’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. K. Euual Omortunity. 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. 38 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of October 2001. CITY: CITY OF PALM BEACH GARDENS, a Florida municipal corporation I I ATTEST: City Clerk By: Mayor Executed by the Contractor this day of October 200 1. I I Name: CONTRACTOR: CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A., a Florida corporation By: WITNESS: I I I 39 I I I I I I I I I I I I I I 1 I D I Appendix C PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( X ) Corporation ( ) Partnership ( ) Other (Specify) Name of Organization: Caler, Donten. Levine, Druker, Porter & Veil, P.A. Address: Telephone Number: (56 1) 832-9292 Organized Date: October 1 987 Proposer's Representative: Mark D. Veil Title: Shareholder 505 S. Flanler Drive, Suite 900, West Palm Beach, Florida 33401 Tax ID Number: 59-283 128 1 Proposed Total Fee to Provide Requested Services: FYE September 30,2001 $32,875 FYE September 30,2002 34,500 FYE September 30,2003 35,900 Total $103,275 PRICES SET FORTH ABOVE ARE F!JRM PROPOSALS AND ARE NOT SUBJECT TO PRICE ADJUSTMENT EXCEPT AS DEFINED IN THE GENERAL AND TECHNICAL SPECIFICATIONS. (Corporate Seal) ATTEST: PROPOSER: rlA.w- b deac t. Signat Title Date &A. & Wd.d itw Sigdature 5L.rr e Title 40 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the City of Palm Beach Gardens is proud to be part of thousands of communities across our great nation who stand together to fight terrorism and injustice; and WHEREAS, every citizen should contribute to efforts to uphold the principals of liberty and justice and remember those innocent citizens who lost their lives to terrorism on September 11, 2001 and especially remember and honor those police, fire fighters and rescue workers who perished; and WHEREAS, Keep America Beautiful, Inc., a national nonprofit organization dedicated to helping individuals improve their community environments, has organized a national effort to create Liberty Gardens to honor those whose lives were taken and provide a living tribute to our nation's enduring strength; and WHEREAS, our community wishes to create a special place of natural beauty where citizens can honor both the memory of those who have fallen during America's New War and reaffirm the principles of liberty and freedom upon which our country has been built. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim this special place of beauty and location, as an official Keep America Beautiful Liberty Garden on this day 18th of May, 2002. Attest: Patricia Snider, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 18th day of May in the year Two Thousand and tTnQ..---.,._ Mayor