HomeMy WebLinkAboutAgenda Council Agenda 090704 Revised
City of Palm Beach Gardens
Council Agenda
Revised
September 7, 2004
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin Council Member Delgado
Vice Mayor Russo Council Member Levy
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
September 7, 2004
7:30 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 5)_Approve Minutes from August 5, 2004 regular City Council meeting.
b. (Page 15)_Approve Minutes from August 16, 2004 Joint City Council meeting
with the Town of Lake Park.
c. (Page 18)_Approve Minutes from August 18, 2004 Special Meeting.
d. (Staff Report on Page 22, Resolution on Page 24)_Resolution 166, 2004 --
Approve a renewal agreement with Glatting Jackson Kircher Anglin Lopez
Rinehart, Inc. to provide Professional Park Planning and Design Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a renewal and amendment to an agreement for professional park
planning and design services between the City of Palm Beach Gardens and
Glatting Jackson Kircher Anglin Lopez Rinehart, Inc.; and providing an effective
date.
e. (Staff Report on Page 45, Resolution on Page 47)_Resolution 177, 2004 –
Approve a Work Authorization and Notice to Proceed to Murray Logan
Construction, Inc., A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization and notice to proceed to Murray
Logan Construction, Inc. based on its existing annual public works contract dated
May 6, 2004, for the restoration of the Thompson River Canal, from Vision Drive
to Hickory Drive, City Project No. 2003-007/Sotrm-Water System Improvements,
Phase III; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I – Quasi
a. Ordinance 35, 2004 - (1st reading) The Sanctuary PBG HOA,
Inc. Lake Access Tract. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary
Planned Unit Development (PUD) to transfer the master plan approval and related
conditions to a separate Resolution; and providing an effective date.
Resolution 176, 2004 is a companion item to Ordinance 35,
2004 and will require Council action only on second reading.
Resolution 176, 2004 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A
Resolution of the City Council of the City of Palm beach Gardens, Florida
approving an amendment to the Sanctuary Planned Unit Development (PUD)
located on the North side of Hood Road approximately 1,500 feet West of
Prosperity Farms Road, as more particularly described herein; providing for
conditions of approval; and providing an effective date.
Part II – Non-Quasi
a. (Staff Report on Page 109, Ordinance on Page 115)_Ordinance 33, 2004 –
(2nd reading and adoption) Amendment to the budget for Fiscal Year beginning
October 1, 2003 to September 30, 2004. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’
budget for the fiscal year beginning October 1, 2003, and ending September 30,
2004, inclusive; and providing an effective date.
b. (Staff Report on Page 117, Ordinance on Page 123)_Ordinance 34, 2004 –
(2nd reading and adoption) An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida relating to compensation of Council Members;
creating a new Section 2-36, Code of Ordinances to be entitled “Compensation of
Mayor and Council”; providing for codification; and providing an effective date.
c. (Staff Report on Page 126, Ordinance on Page 128)_Ordinance 37, 2004 –
Budget for Fiscal Year 2004/2005. (1st reading) An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida adopting a budget for the
City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2004,
and ending September 30, 2005; and providing an effective date.
d. (Staff Report on Page 130, Resolution on Page 134)_Resolution 186, 2004 –
Economic Development Element. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida authorizing the transmittal of a new Economic
Development Element of the City of Palm Beach Gardens Comprehensive Plan;
and providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 162, Resolution on Page 164)_Resolution 171, 2004 –
Agreement for Professional Engineering and Surveying Services between the City
of Palm Beach Gardens and LBFH, Inc. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving an agreement for professional
engineering and surveying services between the City of Palm Beach Gardens and
LBFH, Inc.; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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) 955-8770 (VOICE), for assistance. If a
person decides to appeal any decision made by 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.
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
August 5,2004
The August 5,2004 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:14 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Councilmember Delgado, and Councilmember Levy. Vice
Mayor Russo was absent from the meeting.
ADDITIONS, MODIFICATIONS AND DELETIONS:
Mayor Jablin reported there were no additions or deletions. Modification was requested of
Resolution 92,2004 for Borland Center Master Site Plan Approval, to make two changes to
Condition 40, a copy of which had been provided to each Councilmember and which would
be explained as part of the staff presentation. Mayor Jablin requested one other modification,
which was to move the discussion with the county representatives of Resolution 168,2004 to
the beginning of the agenda under Presentations. Councilmember Delgado made a motion to
approve the modifications as presented. Councilmember Levy seconded the motion, which
carried by unanimous 3-0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Parks and Recreation FRDAP Grant Check presented bv Senator Atwater and Representative
Carl Domino - Charlotte Presensky, Community Services, introduced Senator Atwater’s aide
Megan McCrede, Representative Carl Domino, and his aide, Sherry Healey, who were in
attendance to present the grant check. Representative Domino made a presentation and
presented the check in the amount of $200,000, to be used for a new park.
Discussion on the Referendum regarding Half Cent Sales Tax by the School Board of Palm
Beach County - Wayne Gent, Assistant Superintendent of Schools for Palm Beach County,
made a presentation. The proposed sales tax increase would be in effect for six years and
would provide $140 million in new projects within the City of Palm Beach Gardens. An
oversight committee would monitor disbursement of project funds. The President of
Northern Palm Beach County Chamber of Commerce, representing the Business Education
Coalition, spoke in support of the proposed referendum. Each member of the Council also
spoke in support of the proposed referendum.
Resolution 168,2004 - County representatives reported the county had looked at five sites
for the Scripps bioscience community. The Brigger tract within the City was one of the sites
under consideration, and the findings of a study of that tract were presented for 8 million
square feet, including building height, floor area ratio, not to have roadway connection
between the two pieces of land, environmental preserve requirements, workforce housing,
town center and retail, and amenities. Traffic Engineer Dan Weisberg reported proposed
traffic plans for the tract.
ITEMS OF RESIDENT INTEREST
Councilmember Levy reported he and his family had been part of a research group who
searched for fossils in Montana, and donated a fossil of a dinosaur egg to South Florida
Science Museum. Jim Rawlings, Director of the museum, accepted the donation and thanked
Councilmember Levy. Councilmember Delgado reported an upcoming special election
citywide candidate forum to be conducted at Palm Beach Community College on August 16
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 2
from 6 to 8 p.m. and urged all residents to attend. Mayor Jablin reported at the last meeting
Roger Blangy had spoken about several letters he had sent the City Council, and staff had
met with Mr. Blangy to address his concerns. The Mayor reported that a press conference had
been held at City Hall by Congressman Clay Shaw regarding getting a temporary visa for
Helene Jensen to return from Denmark, where she had been sent by immigration authorities.
COMMENTS FROM THE PUBLIC
Mayor Jablin invited anyone running for office to introduce themselves. The following
candidates spoke: Harvey Goldberg running for Port of Palm Beach Group 3; Jefferson
Vaughn announced that his father-in-law, George Mastics, was running for his third term on
the Port Commission Group 2; Barry Present running for City Council; Clay Harrow running
for City Council; Hal Valache running for City Council, Jody Barnett running for City
Council, Tim Frohling running for City Council, and Bert Premuroso running for City
Council. Tom Sosey thanked Councilmember Levy for coming to a meeting at Bent Tree,
and suggested the City Council place their request for a raise on a referendum. Richard
Orman requested the budget show how the $4.5 million in increased ad valorem revenue was
being spent, and asked the dates of the budget hearings, to which the response was
September 7 and September 21. Dr. Orman announced the PGA Residents Coalition was
having a candidate forum on August 14 in the Woodland Lakes Clubhouse. The Mayor
announced that Hometown News was also sponsoring a candidate forum on August 28 at
PGA National Resort. Tory Buckley was thanked by Mayor Jablin for his recreation work for
the City. Mr. Buckley noted he had been involved with the City’s recreation department for
the past ten years, and that the professionalism from the City Council over the past three or
so years had been great, and the City Manager had assembled a staff that was tremendous to
work with, and asked that the City Manager’s contract be extended.
CONSENT AGENDA
Mayor Jablin requested item (e) be pulled. Councilmember Levy made a motion to approve
the Consent Agenda with the exception of item (e). Councilmember Delgado seconded the
motion, which carried by unanimous 3-0 vote. The following items were approved on the
consent agenda:
a.
b.
c.
Approve Minutes from June 17,2004 regular City Council meeting.
Approve Minutes from July 1,2004 regular City Council meeting.
Resolution 137,2004 - Support for Referendum regarding Half Cent Sales
Tax by the School Board of Palm Beach County. A Resolution of the City
Council of the City of Palm Beach Gardens, Palm Beach County, Florida,
supporting a referendum to be held on November 2,2004, for the levy of a
discretionary half-cent sales tax by the School Board of Palm Beach County
for the purpose of financing a comprehensive plan to construct and renovate
public schools countywide; and providing an effective date.
Resolution 146, 2004 - Authorizing the execution of FRDAP Grant. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a project agreement with the Florida Department of Environmental
Protection for the development of the Sand Hill Crane Access Park; and
providing an effective date.
Proclamation - Welcoming Helene Jensen back to the United States and the
City of Palm Beach Gardens.
Item (e): Mayor Jablin read aloud the Proclamation in memory of William Brant, former City
d.
f
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 3
Attorney, and announced that a paver would be placed in the plaza in his honor.
PUBLIC HEARINGS:
Part I - Non-Ouasi-iudicial
Ordinance 18. 2004 - LDR Text Amendment - PGA Overlay Uses (2nd reading)- An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the
PGA Boulevard Corridor Overlay; amending Section 78-22 1, Code of Ordinances, entitled
“PGA Boulevard Corridor Overlay” relating to permitted, conditional and prohibited uses
within the overlay; providing for codification; and providing an effective date. The City
Clerk read Ordinance 18, 2004 by title only on second reading. Senior Planner Michael
Sanchez presented changes to the staff report since first reading, including an amendment to
the ordinance which would add to the waiver section the City shall not grant any waiver for
intensity which would allow a theater in excess of 500 seats. Mayor Jablin declared the
public hearing open. Michael Morrell, an attorney representing the PGA Residents Coalition,
the three neighborhoods surrounding the Borland project, as well as 17 individuals, thanked
staff for working with them, and encouraged the City Council to pass the ordinance and this
amendment. Dodi Glas, Urban Design Studio spoke about the list of permitted uses and
requested arts, hobbies, and crafts be added as an additional use. Mr. Wu indicated staff did
not consider it an appropriate use for the PGA Corridor. Discussion ensued. Consensus of the
City Council was not to add this use at this time since there was an appeals process through
the Planning, Zoning and Appeals Board by which it could be added at a more appropriate
time. Councilmember Levy made a motion to approve the amendment to Ordinance 18,2004
as read into the record by Mr. Sanchez. Councilmember Delgado seconded the motion, which
carried by unanimous 3-0 vote. Councilmember Delgado made a motion to adopt Ordinance
18,2004 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 3-0 vote.
Ordinance 28, 2004 - Satellite Universities in the Professional Office Zoning District (lst
reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to Satellite Colleges or Universities; amending Section 78-75 1, Code of Ordinances
entitled “Definitions” to include Satellite College or University; amending Section 78- 159,
Code of Ordinances entitled “Permitted Uses, Conditional, and Prohibited Uses” to allow
Satellite Colleges or Universities to be located within the Professional Office (PO), General
Commercial 1 (CGZ), General Commercial 2 (CG2), Research and Light Industrial (Ml),
Light Industrial (MI A), and Public or Institutional (P/I) Zoning Districts as a Conditional
Use; providing for codification; and providing an effective date. The City Clerk read
Ordinance 28,2004 by title only on first reading. . Mayor Jablin declared the public hearing
open. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. Councilmember Delgado made a motion to place Ordinance 28,2004 on first reading
by title only. Councilmember Levy seconded the motion, which carried by unanimous 3-0
vote.
Ordinance 20, 2004 - Amendment to Chapter 6 - Code of Ordinances - Alcoholic
Beverapes”. (2nd reading) An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to alcoholic beverages; amending Section 6-1, Code of Ordinances,
entitled “Definitions;” amending Section 6-2, Code of Ordinances, entitled “Hours of Sale;”
repealing Section 6-4, Code of Ordinances, entitled “Distance Limitations Between Vendors,
Churches, and Schools,: in its entirety; creating a new Section 6-4, Code of Ordinances, to be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 4
entitled “Distance Limitations Between Vendors, Places of Worship, and Schools;” repealing
Section 6-5, Code of Ordinances, entitled “Hotels, Motels, Restaurants, etc.,“ in its entirety;
creating a new Section 6-5, Code of Ordinances, to be entitled “Exceptions to Distance
Limitations Between Vendors;” repealing Section 6-6, Code of Ordinances, entitled “Food
Stores Selling Malt Beverages and Wine,” in its entirety; creating a new Section 6-6, Code of
Ordinances, to be entitled “Vendors of Malt and Wine Beverages for Consumption Off
Premises Only; “ providing for Codification; and providing an effective date. The City Clerk
read Ordinance 20,2004 on second reading. Senior Planner Michael Sanchez explained this
ordinance was the same as presented at first reading, and at first reading City Council had
requested staff analyze what would happen if the distance between vendors remained at 750
feet, the current requirement, instead of 500 feet, the proposed change, and exempting
restaurants, veteran organizations, hotels, as currently exempted, and adding the exemption
of theaters. Mr. Sanchez explained this would affect three current projects. In Downtown at
the Gardens, any restaurant would be allowed to serve alcohol, the theater would be allowed
to serve alcohol, nightclubs, bars and lounges would have to be now 750 feet apart instead of
500 feet, and liquor stores would not be permitted in the project. In Donald Ross Village,
restaurants and hotels would be allowed to serve alcohol, liquor stores would have to be 750
feet apart, and nightclubs, lounges and bars would not be permitted. In the Borland Center
restaurants and hotels and the theater would be allowed to serve alcohol, liquor stores would
have to be 750 feet apart, and nightclubs, lounges and bars would not be permitted. Mr.
Sanchez clarified that the ordinance as presented was not changed from first reading, and
would essentially be the same except the distance requirement would be different. Mayor
Jablin declared the public hearing open. Resident Vito DeFrancesco spoke against the change
in distance, commented the Borland Center church was also to be used as a theater and asked
how alcohol could be allowed there, and expressed his opinion this was being done to
enhance profits for developers. Robert Davis, 1 18 Orchid Cay, BallenIsles, indicated he
agreed with Mr. DeFrancesco to some extent and asked how it could be allowed in the
Borland Center if there was a church, school and restaurants only 50 feet apart, and it should
be all or none. Mayor Jablin indicated that was what the Council was trying to do, to be
equally fair. Councilmember Delgado clarified that this amendment had not been initiated by
the Borland Center. Councilmember Levy commented a lot of churches and synagogues
served wine as part of their religion so he did not see the point of banning it from the area of
a church when the church might be serving wine itself. Councilmember Delgado received
clarification that the theater at Downtown at the Gardens was not being used as a church.
Julia Byrd, Daffodil Circle, commented movie theaters at Promenade and Loehmann’s were
not allowed to serve liquor and why should the door be opened to do so. It was clarified by
the City Attorney that serving liquor was currently allowed in the theaters but none had
requested a liquor license from the state, and the City had no jurisdiction over the state. That
was not being changed, and this ordinance was just distances between establishments.
Hearing no further comments from the public, Mayor Jablin declared the public hearing
closed. Councilmember Levy indicated he had spoken to the City Attorney regarding the fact
that some churches served wine, and the way the ordinance was currently written he believed
it could be interpreted as being illegal within the City, so he would vote in favor of the
ordinance. Mayor Jablin reported he had spoken to two rabbis, a priest, and a couple of
ministers, and none had a problem with the ordinance and were puzzled as to why there
should be any concern. Councilmember Levy made a motion to approve Ordnance 20,2004
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 5
on second reading by title only. Councilmember Delgado asked what would happen if she did
not second, since only three members were present, to which Mayor Jablin responded the
gavel could be passed so that he could make the second. Councilmember Delgado declined to
second. The gavel was passed to Councilmember Levy and Mayor Jablin seconded the
motion. The motion carried by 2-1 vote, with Councilmember Delgado opposed.
Councilmember Delgado requested a recess. Following the 5-minute recess the meeting was
reconvened.
Part I1 - Ouasi-iudicial
Ordinance 13. 2004 -Borland Center for Community Enrichment (2nd reading). An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
rezoning; providing for the rezoning of a parcel of land consisting of 47 acres, more or less,
located along the North side of PGA Boulevard between Gardens Square Boulevard and
Shady Lakes Drive, as described more particularly herein, from Planned Development area
(PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying
zoning of mixed use (MXD) to be known as the Palm Beach Community Church/Borland
Center PUD; revising the zoning district map; and providing an effective date. (Resolution
92,2004 is a companion item to Ordinance 13,2004 and will require Council action.)
Resolution 92,2004 - Borland Center for Community Enrichment. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a waiver of the residential
requirement within a mixed use project to allow for a mixed use Planned Unit Development
(PUD) utilizing non-residential mixed use intensities and measures; approving the master
development plan for the approximately 47-acre property, known as the Borland Center/Palm
Beach Community Church (a.k.a. Parcel 6.01A), located along the North side of PGA
Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more
particularly herein, to allow the development of 64,533 square feet for a cultural center and
church facilities (500-seat small theatedchurch facility with accessory uses and 300-seat
banquet hall), 64,025 square feet for retail/commercial use, 19,950 square feet for restaurant
use, 10,900 square feet for professional office use, and 225 multi-family units; granting
conditional use approval for a 500-seat small theater use/church and 300-seat banquet
facility; providing for waivers; providing for conditions of approval; and providing an
effective date. The City Clerk read Ordinance 13,2004 by title only on second reading and
Resolution 92, 2004 by title only. Councilmember Levy disclosed he had had none, and
Mayor Jablin disclosed he had had none. Senior Planner Kara Irwin made the staff
presentation and indicated the staff report was a collaboration by staff members, including
Charles Wu and Tala1 Benothman, and that the entire project file had been placed into the
record and was available for public view at any time within the hours of operation 8 to 5
Monday through Friday. In response to Councilmember Levy's concern that the preserve on-
site might not be large enough to accommodate wildlife, the City Forester indicated the City
was satisfied with the amount of preserve on site because of mitigation off-site. Attorney Ray
Royce spoke on behalf of the applicant, and asked for clarification of condition 26. City
Engineer Dan Clark and Ms. Irwin clarified that before anything else could be built on site,
an analysis of the traffic generated from what was already built would be required, and if
there were trips left between that number and the amount of trips approved through the
concurrency, those trips would still be available for use. It was agreed that the existing
language for condition 26 would remain. Ms. Irwin confirmed that the City would provide a
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 6
letter stating the intent of this condition. Attorney Royce asked for clarification of condition
3 1. Ms. Irwin responded this was a request for a traffic light before it was warranted, and the
City would request the permits, and it would be a flashing light until warranted. Mr. Royce
asked for clarification of condition 41, and asked that if the City received $250,000 as a
result of a sale of the property containing a conservation easement that the City release the
conservation easement. Following discussion, Mr. Royce requested this application be
moved forward. Mayor Jablin announced that this was a continuation of a public hearing that
had been open since July 15 and called for comments fkom the public. Vito DeFrancesco
advised he had provided a handout of the City’s law regarding what could and could not be
built in residential and non-residential MXD zoning districts and stated the proposed waiver
was against the comprehensive plan. Mr. DeFrancesco took issue that the applicant was not
mitigating 25% upland preserve as required by the comprehensive plan. Mr. DeFrancesco
expressed his opinion the comprehensive plan was not being followed for land use by placing
residential with commercial. Robert Stimac, Shady Lakes, commented the City Council
seemed not to be able to vote no on any project that increased traffic density on the roads and
commended Mr. DeFrancesco for his efforts regarding this project. Mr. Stimac stated he was
named in the agreement between the homeowners associations and the Borland Center but
did not sign it and reserved the right to object to the project, and expressed his concerns. Mr.
Stimac asked how residential property could be placed in a non-residential MXD, which Ms.
Irwin explained. Judy Steinbauer, Community Association Manager representing Garden
Lakes Community Association, expressed concern the final plans showed a wall between
their property and Borland Center and reported they and the applicant had reached agreement
to have a fence instead of a wall with landscape vegetation between the two parcels. Ms.
Irwin reported the most recent plan showed a fence. Richard Oman, 4203 Oak Street,
representing PGA Corridor Residents Coalition, received clarification that the 500-seat
theater and 500-seat church were the same building, and confirmed with the applicant that
Borland accepted and was subject to the new PGA Corridor Overlay amendments. Mr. Royce
asked those in support of this application to stand, rather than to speak in order to save time,
which was done. Hearing no further comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Levy expressed concern regarding the on-site wildlife
corridor, but indicated it was not being voted on now. Councilmember Levy made a motion
to place Ordinance 13,2004 on second reading by title only and to approve Ordinance 13,
2004. Councilmember Delgado seconded the motion. The City Attorney verified that this
application was consistent with the comprehensive plan. Motion carried by unanimous 3-0
vote. Mayor Jablin indicated that the presentation had already been made for Resolution 92,
2004 and called for comments. Attorney Royce clarified that in addition to the 80’ buffer, the
applicant was providing an additional 20’ buffer and landscaping on the other side of Shady
Lakes and landscaping in the median, which should accommodate small wildlife. Mr.
DeFrancesco requested to cross examine Ms. Irwin and read statements fkom the staff report,
asking if what he had read was true. Ms. Irwin responded Mr. DeFrancesco was reading
definitions, and what was in her staff report was true to the best of her knowledge. Mr.
DeFrancesco asked why Shady Lakes was omitted when talking about adjacent
developments. Ms. Irwin explained Shady Lakes was directly adjacent to a portion of the
project that would not be developed, and had not been omitted. Attorney Tatum interrupted
to explain that cross examination consisted of questions regarding testimony that had been
made and was not an opportunity to someone else offering further statement into the record;
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 7
and Mr. DeFrancesco was free to ask questions about Ms. Irwin’s testimony but must ask in
the form of a question and give her time to respond. Mr. DeFrancesco stated the surrounding
built environment of the subject site infill parcel is 65.8% residential, and asked if that
number was correct and how it had been determined. Ms. Irwin responded it was correct and
had been determined in linear feet of the perimeter of the site and that Shady Lakes was
included in that number. Mr. DeFrancesco stated in statement prior, the residential
developments directly adjacent to the subject site are Garden Lakes and Gardens of
Woodberry and why was Shady Lakes not included in that one. Ms. Irwin stated it was
included in her evaluation. Mr. DeFrancesco stated the subject site has been designated as to
provide a roadway link from Shady Lakes Drive to Garden Lakes Boulevard, which provides
these residential developments access without having to access PGA Boulevard as currently
required. These roadway links provide for horizontal integration. Are these, in fact, roadway
links? Ms. Irwin responded these are internal roadways to the development; they link, or give
the ability to travel from Shady Lakes Drive through the development to the Garden Square
Shoppes and to Garden Lakes Boulevard and that was the link she was talking about. Mr.
DeFrancesco asked if this was the standard type link provided to give access between two
points. Ms. Irwin explained the developer was providing the link through the development
and this was not a City roadway. Mr. DeFrancesco asked if this roadway could then be
considered for horizontal integration if it was not a City roadway. Ms. Irwin explained it was
a link but not a City roadway. Mr. DeFrancesco indicated this roadway had four 90-degree
bends, seven stop signs, various openings for parking lots, and asked if that was considered a
viable roadway to satisfy horizontal integration. Ms. Irwin responded the project as designed
promoted integration between the adjacent sites, and since the development did not contain
City roadways she did not understand his question as it related to the staff report. Mr.
DeFrancesco stated he did not understand how this link could possibly be considered
horizontal integration when it was so convoluted. Attorney Royce objected that Mr.
DeFrancesco was being argumentative by asking the same question over and over. Mayor
Jablin asked Mr. DeFrancesco to move on to the next question. Mr. DeFrancesco reported a
table in the staff report contained acreages and showed 47.1 1 acres while a similar document
presented tonight showed 38.94 acres; and asked if the omitted portion was commercial or
open space. Mr. Irwin’s response was the table in the staff report was correct, and the portion
was open space. Mr. DeFrancesco referred to the environmental assessment requiring 25%
on-site mitigation or 2.37 acres; and asked where in the staff report it referred to wetlands.
Ms. Irwin responded wetlands were not in the report but were handled by a separate agency
that reviewed wetlands for the site. Mr. DeFrancesco asked how the mitigation was being
handled and if there would be buildings where there were wetlands. City Attorney Tatum
reminded Mr. DeFrancesco his questions must be limited to Ms. Irwin’s testimony or what
was in her report and she had just testified it wasn’t in her report. Attorney Royce objected to
Mr. DeFrancesco reading from the staff report and not asking a question. Mr. DeFrancesco
asked if this applicant had put 50% of the required acreage on site; Ms. Irwin responded that
with this approval they were putting 100% on site. Mr. DeFrancesco indicated one reason
given for allowing smaller parking spaces and smaller aisle ways was additional open space
and would the open space remain. Ms. Irwin answered the question and explained the
additional open space was provided for the limited amount of parking they were reducing and
was not required for spaces in the parking garage.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 8
Mr. DeFrancesco stated land use in the comprehensive plan was listed for non-residential
mixed use. Attorney Tatum advised Mr. DeFrancesco he must ask questions or she was going
to advise the City Council to end the cross examination. Mr. DeFrancesco asked if residential
land use was listed in the comprehensive plan for nonresidential MXD. Ms. Irwin stated land
use for the site was mixed use. Mr. DeFrancesco asked if in the comprehensive plan and
LDR, the land use of residential was allowed in nonresidential MXD. Attorney Royce
objected that Ms. Irwin had answered the question several times and explained it. Mr.
DeFrancesco stated in the comprehensive plan there was no land use for residential and how
was the height of 4 stories determined, to which Ms. Irwin responded under the land use
allocation for industrial and all except professional, the height was limited to 4 floors. Mr.
DeFrancesco asked how the residential intensities were determined from the use of the
comprehensive plan in nonresidential mixed use. Ms. Irwin responded the densities and
intensities were limited to those allowed through the comprehensive plan and the LDR’s for
the Forbearance Agreement, which was used since it was more strict. Mr. DeFrancesco asked
where she got the measurements for nonresidential MXD for residential. Ms. Irwin stated she
had answered the question. Mr. DeFrancesco thanked Ms. Irwin for her time. Mayor Jablin
stated he would like to move on with Resolution 92,2004 and hearing no further comments
from the public, declared the public hearing closed. Councilmember Levy moved to approve
Resolution 92, 2004 including the amendments. Councilmember Delgado seconded the
motion, which carried by unanimous 3-0 vote. Attorney Royce thanked staff for their work
on this project and for the Mayor’s comments regarding Mr. Brandt. Following a short break
the meeting was reconvened.
Resolution 149. 2004 - Donald Ross Village PUD -- Amendment to the Site Plan. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to the development plans for the Donald Ross Village Planned Unit
Development (PUD) generally bounded by Donald Ross Road to the North, Central
Boulevard to the West, and Military Trail to the East, as more particularly described herein;
providing for an additional waiver; providing for conditions of approval; and providing an
effective date. The City Clerk read Resolution 149,2004 by title only. Senior Planner Kara
Irwin presented the proposed amendment. Mayor Jablin declared the public hearing open.
Councilmember Delgado disclosed exparte communication that she had met with staff on
this matter. Councilmember Levy reported no exparte communication. Mayor Jablin reported
he spoke with Peter Brock a couple of days ago. Hearing no comments from the public,
Mayor Jablin declared the public hearing closed. Councilmember Delgado moved to approve
Resolution 149,2004 by title only. Councilmember Levy seconded the motion which carried
by unanimous 3-0 vote.
RESOLUTIONS:
Resolution 147, 2004 - Approving a special event permit for “Taste of the Gardens”. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
special event permit for a City-operated green market type program to be known as the
“Taste of the Gardens”, in accordance with Section 78-1 87 of the City Code of Ordinances;
and providing an effective date. Charlotte Presensky, Community Services, provided a
presentation. Councilmember Levy moved approval of Resolution 147, 2004.
Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote.
Resolution 151. 2004 - CRALLS ADdication related to the Gardens Science and
Technology - Communitv DeveloDment of Regional Impact (DRI). A Resolution of the City
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 9
Council of the City of Palm Beach Gardens, Florida directing staff to initiate an application
for a “Constrained Roadways at a Lower Level of Service” to Palm Beach County related to
the Gardens Science and Technology Community Development of Regional Impact; and
providing an effective date. City Engineer Dan Clark provided the presentation.
Councilmember Delgado moved to pass Resolution 15 1, 2004. Councilmember Levy
seconded the motion, which carried by unanimous 3-0 vote.
Resolution 165.2004 - Fire Rescue Level of Service. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida, repealing Resolution 124,2004, and re-affirming
the commitment of the City to attain and comply with minimum Fire-Rescue level of service
standards; providing an effective date; and for other purposes. Fire Chief Pete Bergel
provided the staff presentation. Councilmember Levy made a motion to approve Resolution
165,2004. Councilmember Delgado seconded the motion, which carried by unanimous 3-0
vote.
ORDINANCES:
Ordinance 29. 2004 - Revise Development Approval Process - for consideration on First
Reading. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to review of applications for development order approval; amending Section 78-42,
Code of Ordinances, entitled “Concurrency required” relating to Developments of Regional
Impact; amending Section 78-43, Code of Ordinances, entitled “Review of Applications for
Development Approval” relating to mandatory Planning, Zoning and Appeals Board
Workshops and certain mandatory waiting period for public hearings and workshops;
amending Section 78-44, Code of Ordinances, entitled “Concurrent Processing” to provide
greater discretion to the City Council to allow concurrent processing of development
approvals; amending Section 78-46, Code of Ordinances, entitled “Application Procedures”
relating to concurrency and developments of Regional Impact; providing for codification;
and providing an effective date. The City Clerk read Ordinance 29,2004 by title only on first
reading. Growth Management Administrator Charles Wu presented the proposed process.
Councilmember Delgado moved to place Ordinance 29,2004 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
LaPasoda Lightning Rod Update - Planner Jackie Holloman provided the update and
introduced Patrick Dillon, President of Bonded Lightning Protection, who answered
questions from the Council. Charles Wu presented the staff objections. Dodi Glas spoke on
behalf of the petitioner. Mayor Jablin stated that going forward, lightening rod systems would
be inspected before becoming a situation like this again and admonished the petitioner for
having done this without staffs okay, and stated he did not want this to set a precedent, but
did not want the petitioner to have to rip out this entire system.
Compensation of Council Members - Mayor Jablin reported the Council had decided to
increase the compensation for Councilmembers and to provide for periodic increases in the
future so that eleven years would not go by again without a raise. Mayor Jablin indicated he
still favored his original suggestion of $22,000 for Councilmembers and $25,000 for the
Mayor, and had calculated the time each person spent doing this job. Mayor Jablin felt
$20,000 should be the floor amount. Councilmember Delgado favored a $2,000 difference
between the council and Mayor and suggested $22,000/$24,000. Councilmember Levy
compared this job to the County Commissioners’ salaries at $80,000, although
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/5/04 10
Councilmember Delgado stated they really received approximately $140,000, estimating if a
Councilmember did the absolute minimum that it would be a quarter of a full-time position,
and came up with a minimum of $20,000 for each Councilmember and 10% more, or
$22,000, for the Mayor. Councilmember Levy stated he was willing to compromise.
Councilmember Delgado explained she favored $22,000/$24,000 based on the chart provided
by staff which showed salaries paid by other municipalities. Mayor Jablin proposed whatever
decided would be presented in an ordinance on the 1 gth for first public hearing, starting with
$22,000/$24,000, including COLA and the ability to purchase insurance up to age 65.
Consensus was to have staff prepare the ordinance.
ADJOURNMENT:
There being no hrther business to discuss, the meeting was adjourned at 1 1 : 19 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
ATTEST:
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS
JOINT COUNCIL MEETING MINUTES
PALM BEACH GARDENS AND LAKE PARK
August 16,2004
The August 16,2004 Joint Meeting of the City Council of the City of Palm Beach Gardens, Florida,
and the Town of Lake Park, Florida was called to order at 7:OO 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in
attendance: Mayor Jablin, Councilmember Delgado, and Councilmember Levy of the City of Palm
Beach Gardens; Mayor Castro, Vice Mayor Balius, Commissioner Garretson, Commissioner Carey,
and Commissioner Daly from the Town of Lake Park. Vice Mayor Russo from the City of Palm
Beach Gardens was absent from the meeting.
COMMENTS FROM THE PUBLIC: There were no comments from the public.
PUBLIC HEARING
PART I - OUASI-JUDICIAL: Mayor Jablin reviewed the quasi-judicial procedures. The City
Clerk swore in all those intending to offer testimony at the hearing.
Ordinance 16, 2004 - Target Rezoning and Site Plan Review. An Ordinance of the Town
Commission of The Town of Lake Park, Florida, rezoning a 10.83 acre portion of 19.12-acre parcel
of land located on the Southeast corner of Northlake Boulevard and Congress Avenue within the
municipal boundaries of the Town of Lake Park and the City of Palm Beach Gardens, as described
more particularly herein, from a Zoning Designation of Traditional Neighborhood Development
(TND) to Planned Unit Development (PUD); providing for codification; providing for severability;
providing for the repeal of laws in conflict; and providing for an effective date.
Resolution 40-OS-04a is a companion item to Ordinance 16, 2004 and will require Council
action at second reading: Resolution 49-08-04a. Resolution of the Town Commission of the Town
of Lake Park, Florida, approving the site plan for Northlake Square East for development approval
of a 13 1,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at
the Southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the
municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more
particularly described herein; providing for waivers; providing conditions of approval; and providing
an effective date.
Ordinance 30.2004 - Target Rezoning and Site Plan review. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida rezoning the 8.29-acre portion of a 19.12-acre parcel of
land, located on the Southeast corner of Northlake Boulevard and Congress Avenue, which lies
within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly
herein, from a zoning designation of Research and Light Industrial Park (MI) to Planned Unit
Development (PUD) overlay with an underlying zoning district of General Commercial (CG- 1); and
providing an effective date.
Resolution 135, 2004 is a companion item to Ordinance 30, 2004 and will require
Council action at second reading.
Resolution 135.2004 - Target Rezoning and Site Plan review. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza
East at the 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and
Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens
and the Town of Lake Park, as described more particularly herein, to allow for a 13 1,839 square-foot
retail building; providing for waivers; providing for conditions of approval; and providing an
effective date.
2 PALM BEACH GARDENS AND LAKE PARK, 8/16/04 -
The City Clerk read Ordinance 16,2004 and Ordinance 30,2004 by title only on first reading. Ex-
parte communication was disclosed: Mayor Jablin - none since the last meeting; Mayor Castro - left
a message regarding traffic concurrency for Dodi Glas; all other Council and Commission members
reported none. Jamie Gentile, representing of Town of Lake Park Community Development
Department, presented the project and answered questions. Dodi Glas, Urban Design Studio, spoke
on behalf of the applicant. The following direction was given by the City Council and the Town
Commission: Reduce size of the logo sign, mature trees shall be used on the front side of the
building, bollards shall be round in shape but not red in color, if the ficus tree that is to be relocated
should die it shall be replaced with a tree of similar size, and Palm Beach County shall be contacted
regarding the possibility of aerating the lake. Mayor Jablin declared the public hearing open. Linda
Hughey, Palm Beach Gardens, requested a minimum of 20 handicap spaces, and that the developer
be required to provide a bus stop. Hearing no further comments from the public, Mayor Jablin
declared the public hearing closed. Mayor Castro stated without traffic concurrency from the county
he could not vote for the project tonight, and stated his agreement with the requests made by the
Council and the Commission. Staff reported concurrency had been granted for the site for two
separate projects prior to this project; the question was whether the two could be joined, and the
county was doing another study. It was agreed that the Council and Commission would not vote for
this project on second reading without a new concurrency letter for this project from the county.
Councilmember Delgado made a motion to place Ordinance 30,2004 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Vice Mayor
Balius made a motion to place Ordinance 16, 2004 on first reading by title only. Commissioner
Garretson seconded the motion, which carried by unanimous 5-0 vote. It was announced the next
meeting was tentatively scheduled for 7 p.m. on September 7 contingent upon a concurrency letter
being received by August 3 1.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 8: 17 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
ATTEST:
COUNCILMEMBER LEVY
PATRICIA SNIDER
CITY CLERK
TOWN OF LAKE PARK:
APPROVAL:
MAYOR CASTRO
PALM BEACH GARDENS AND LAKE PARK, 8/16/04 3
~
VICE MAYOR BALIUS
COMMISSIONER GARRETSON
COUNCILMEMBER CAREY
COUNCILMEMBER DALY
ATTEST:
TOWN CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL MEETING
August 18,2004
The August 18, 2004 Special Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 4:37 P.M. in the Council Chambers ofthe Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, and Councilmember Delgado.
Councilmember Levy arrived at 4:39 p.m.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Scripps - Mayor Jablin announced that at the previous day’s County Commission meeting
there had been several misstatements regarding Scripps, and this meeting had been called to
set the record straight. Natalie Wong, Senior Project Coordinator, Assistant to the City
Manager, provided a presentation dealing with statements made at the County Commission
meeting that misrepresented the facts. A former master plan known as the Fagan Plan had
been stated to be better because it did not include biotech on the Vavrus property, so there
would be no competition between the County and the City; and that it was less dense in
residential. Ms. Wong presented the Fagan Plan, which included both sites, and on Mecca
there was a large amount of biotech use and there were no specific intensities, however, the
plan showed uses including residential and commercial, town center, school, civic and
community. This plan had been developed as a concept plan and no traffic analysis was done,
no economic analysis, no housing methodology, no allocation of residential units, no detailed
environmental analysis, no input from the City or master developer, and no joint planning
effort between the City and the County. The City had later gotten involved with the County,
and joint planning meetings took place. One of the first joint planning activities had been to
allocate intensities for both the County and City. A memo had been written by the City dated
February 23, 2004, specifying initial proposed intensities of 6.4 million square feet of
research and development. In March, the City revised those numbers, reducing proposed
research and development to 2 million square feet, which was further reduced to allocate 1.8
million square feet of research and development to accommodate the County’s wishes to
minimize competition for biotech uses. Initial proposed residential of 3,000 units was
increased to 7,500, the current amount. This increase had been a direct result of working with
the reviewing agencies and the County and FDOT on an accepted traffic methodology to
capture the highest amount of trips to maximize the sustainable community concept. Ms.
Wong reported there had been negative tones associated with the proposed density on the
Vavrus parcel. Several Commissioners had alluded to housing being too dense. Ms. Wong
stated that housing is important and even with the 7,500 units plus the 2,000 units on the
Mecca piece, it was not enough to meet the demand because of the high number of
employees that would be generated by the research and development square footage, and
there would be a deficit of over 13,000 units. Ms. Wong reviewed a chart illustrating this
housing deficit in both the City DRI and County DRI, and a newspaper article from the Palm
Beach Post which indicated the Treasure Coast Regional Planning Council’s staff report had
contained criticism of the inadequate housing but had overlooked the County’s plan to
develop housing on the Vavrus property. The County had recommended that the sentence in
the report reading “the plan is short on housing” be changed to state “the plan appears short
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/04 2
on housing but is being designed with a residential heavy project on the Vavrus parcel,
easing the problem. Lower the requirements for affordable housing from 2250 units to 400.’’
Ms. Wong indicated this was being provided to show the County had endorsed the provision
of including housing on the City’s plan. Ms. Wong noted she would not read every comment
verbatim, but explained that there were specific mitigation conditions developed with County
and City staff to provide mitigation conditions for the CRALLS the City requested in June.
The mitigation conditions presented dealt with affordable housing, although the total
mitigation conditions dealt with a number of things. The reason for showing the affordable
housing conditions was to illustrate that there was no way the County would have moved
forward with these mitigation conditions unless they had recognized the specific number of
units, 7,500, that the City was proposing. Mitigation conditions were described. Ms. Wong
then addressed the question of why research and development had decreased-through joint
planning the City had decreased it because of the County’s concern for competition; and in
addition, as part of the mitigations for the CRALLS, the City and the County agreed to
include a specific provision that Vavrus North shall maintain the same mixture of uses as set
forth in the DRI, May, 2004. Additionally, for the first ten years after the Vavrus North DO,
the building permits for the R&D square footage of Vavrus North shall not exceed 50% of
the permitted Mecca R&D square footage. This addressed the County’s concern regarding
competition. The next statement by the Board of County Commissioners was the City did not
want to modify the plan to address the County’s need and had been uncooperative in the
planning process. Ms. Wong reinforced that there had been continuing joint planning efforts
with the County and affected agencies, and provided meeting dates, who had attended, and
what had been discussed, documenting over 25 meetings ofjoint planning efforts. Ms. Wong
reported there had been a philosophical tone present in many of the County Commissioners’
comments, describing the Mecca versus Vavrus projects as competitive. The City’s response
was the two combined created an overall village. The City had researched economic clusters,
studied current growth management principles and economic development principles, and
collected research on existing parks. The City also talked to Scripps and asked what they
wanted, which was a village encompassing all these elements. The conclusion was that 500
acres referred to yesterday by the County Commission was not enough; biotech users do not
like high-rise buildings. The grant agreement between Scripps and the County stated the
County shall use its best effort to enter into an agreement with the City of Palm Beach
Gardens relating to the development of the Vavrus site. Another comment by Commissioners
was that Vavrus would cost the taxpayers of this County $100 million or more if the Mecca
property was developed by itself. Ms. Wong responded if another developer was coming on
board being paid for by non-taxpayers, there would be a significant shared cost of
infrastructure, and this was an unfounded statement, Mecca alone would require taxpayer
money for infrastructure. Ms. Wong summarized that the current plan was a result of
research and analysis including housing, economic, traffic, and site conditions,
environmental assessments, etc., and represented joint planning efforts between City staff
and County staff. The City had been cooperating and was working on the project to create a
world-class economic engine. The City had lowered R&D and increased residential
intensities at the County’s request. County staff had represented that the current intensities in
the City’s plan should remain, and both DRI’s combined would provide the village, and the
cost would decrease because the infrastructure cost would be shared by both projects.
Councilmember Levy asked if information on other parks had been provided to the County
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/04 3
and if they had provided any information to the City, to which Ms. Wong responded County
staff had been cooperating with the City and sharing information with the City. Vice Mayor
Russo expressed disappointment with the comments made at the County Commissioners
meeting, and stated the City never selected the location for Scripps but said they would do
whatever they could to make it work to have Scripps in Palm Beach County. This was done
and then yesterday he had heard the plan failed because of the City’s lack of cooperation.
Vice Mayor Russo expressed frustration and concern that if the Brigger tract was selected
they wanted the whole thing there but that was entirely within the City and it was not fair to
residents to give control of some of their land to someone else. The Vice Mayor indicated he
was willing to cooperate but the first thing needed was for the City to request a joint meeting
between the City Council and the County Commission for them to get back on the same
page. Scripps was far too important for the City to sit back and let emotion get involved.
Councilmember Delgado expressed her frustration also, and strongly urged the report
presented tonight be shared with Dr. Lerner and Doug Bingham, legal counsel for Scripps, so
that they could be fully informed, and made a motion to set up a joint meeting with the
County Commission. Mayor Jablin indicated a motion was not necessary and there was
consensus of the Council; and reported for the record that Councilmember Levy had arrived
at 4:39 p.m. and was a part of this discussion. Mayor Jablin advised all of the information
would be sent to Scripps and the County, including the following prepared statement: The
City of Palm Beach Gardens has continued to cooperate with Palm Beach County and the
Scripps Research Institute to provide a home in this County for the Scripps Research
Institute. In response to some of the County Commissioners ’ disparaging comments about
the City of Palm Beach Gardens, this City is not the reason the County Commission is
reconsidering their position regarding site selection for the Scripps Research Institute. City
staffhas responded to Palm Beach County and the Department of Transportation’s request
to increase the number of residential units from 3,000 to 7,500 on the Vavrus site. The
residential increase was to help the County reduce the number of trips anticipated by the
Mecca development to comply with their traffic performance standards ordinance. The
biotech square footage for the site was reduced from 6.4 to 1.8 million square feet dedicated
to research and development in order to compliment the development of the Mecca site at the
County’s request. The Mecca and Vavrus site plans were developed through a joint planning
effort with the County’s consultants and City stafl The fact that certain County
Commissioners are not informed, are ill-informed, or politically motivated to find someone
else to blame for their own lack of due diligence is indeed unfortunate. The City of Palm
Beach Gardens has fully cooperated with the County in regards to the Scripps Research
Institute project over the last ten months. Although the County has requested complete
control over the development and permitting of any alternative site selected for the Scripps
project, the City of Palm Beach Gardens has afiduciary responsibility to its residents to act
in their best interests. The City has consistently worked with the County on all levels of the
Scripps development project to maximize the potential of the Mecca site. We have invested
both time and money in the development of the Mecca and Vavrus sites. However, should
Scripps Research Institute decide to develop the alternative location on the Brigger tract, the
City of Palm Beach Gardens stands ready to cooperate and work with the County in the
development of their chosen site, while protecting our citizens ’ tax dollars and their quality
of life today and in the future. Until Scripps Research Institute makes theirJina1 decision, the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/18/04 4
City of Palm Beach Gardens cannot comment on the favorability of either of the alternative
sites. Vice Mayor Russo requested addition of a statement that the City offered to meet with
the County Commission in an effort to resolve some of these issues and move forward. There
was consensus from the Council. Mayor Jablin announced after adjournment of the meeting,
questions would be taken from the press.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 5:03 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
ATTEST:
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 29,2004
Meeting Date: September 7,2004
Resolution: 166,2004
SubjectlAgenda Item:
Resolution 166,2004 -Approve a renewal agreement with Glatting Jackson Kircher Anglin
Lopez Rinehart, Inc. to provide Professional Park Planning and Design Services on a
continuing basis.
[ X ] Recommendation to APPROVE
[ ] Recommendatinn to DENY
Reviewed by:
I City Attorney
Su mi
Jac -??%- Dough ey,
Community Services
Administrator
Department Director
Angela Wong, Project
Manager
Community Services
Department
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
J&.Notified
[ ] Not required
costs: 8o.00
(Total)
$o.oo
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 166, 2004
0 Exhibit A: Glatting
Jackson Continuing
Service Agreement -
912002
Exhibit B: Glatting
Jackson Renewal
Agreement ~
[ ]None
Date Prepared: August 16,2004
Meeting Date: September 7,2004
Resolution: 166,2004
BACKGROUND: In September 2002, the City contracted with Glatting Jackson Kircher
Anglin Lopez Rinehart, Inc. (Glatting Jackson) to provide Professional Park Planning
and Design Services on a continuing basis. Both the City and Glatting Jackson desire
to renew the agreement for a third one-year term based on the same terms and
conditions as stated in the original agreement.
STAFF RECOMMENDATION: Approve Resolution 166,2004 authorizing the execution
of a renewal agreement with Glatting Jackson Kircher Anglin Lopez Rinehart, Inc.
(Glatting Jackson) to provide Professional Park Planning and Design Services on a
continuing basis until September 4, 2005.
Date Prepared: July 29, 2004
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RESOLUTION 166,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A RENEWAL AND
AMENDMENT TO AN AGREEMENT FOR PROFESSIONAL PARK
PLANNING AND DESIGN SERVICES BETWEEN THE CITY OF
PALM BEACH GARDENS AND GLATTING JACKSON KIRCHER
ANGLIN LOPEZ RINEHART, INC.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City hired Glatting Jackson Kircher Anglin Lopez Rinehart, Inc.
(“Glatting Jackson”) pursuant to a continuing contract dated September 4, 2002
(“Contract”); and
WHEREAS, the Contract provides for two (2) one-year renewal options pursuant
to Article 2 of said Contract; and
WHEREAS, both the City and Consultant are desirous of renewing said Contract
for one additional one-year term; and
WHEREAS, the City Council has determined that it is in the best interest of the
City of Palm Beach Gardens to enter into an agreement with Glatting Jackson to
provide professional park planning and design services; and
WHEREAS, a Renewal and Amendment for Professional Services has been
prepared and is attached hereto as Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTlON2. The City Council hereby accepts and approves the Renewal and
Amendment to an Agreement for Professional Services between the City of Palm
Beach Gardens and Glatting Jackson, and hereby authorizes the Mayor and City Clerk
to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: July 29, 2004
Resolution 166, 2004
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlC I EN CY
Christine P. Tatum, City Attorney
AYE NAY ABSENT VOTE: --
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
G:\attorney-share\RESOLUTIONS\Glatting Jackson Renewal - reso 166 2004.doc
2
Date Prepared: July 29,2004
Meeting Date: September 7,2004
Resolution: 166,2004
EXHIBIT A
GLATTING JACKSON CONTINUING SERVICES AGREEMENT
.‘
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, is made and entered by and between the City of Palm
Beach Gardens, a Florida municipal corporation, 10500 N. Military Trail, Palm Beach
Gardens, Florida 33410 (“City”), and Glatting Jackson Kercher Anglin Lopez
Rinehart, Inc., a Florida corporation, 222 Clematis Street, Suite 200, West Palm Beach,
Florida 33401 (“Consultant”).
WIT N E S S ET H:
WHEREAS, the City requires certain planning, engineering and architectural
services relating to park planning and design as such projects are identified by City staff
and as the need arises; and
WHEREAS, the City has selected Consultant pursuant to Section 287.055,
Florida Statutes, also known as the Consultants’ Competitive Negotiation Act (“CCNA)
and desires to enter into a “continuing contract” with Consultant within the purview of
the CCNA; and
WHEREAS, the Consultant is capable and willing to provide such services to the
City under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
ARTICLE 1 -- RECITALS
The foregoing “Whereas” clauses are ratified as true and incorporated herein.
ARTICLE 2 - TERM
This Agreement shall remain in effect for a term of one (1) year from the date of
this Agreement, with two (2) one-year renewal options at the sole discretion of the City.
Notwithstanding the foregoing, this Agreement shall continue until completion of all
phases of any outstanding service authorizations issued within the period of this
Agreement, unless otherwise terminated as provided herein. All ,additional extensions
shall be in writing and must be executed by both parties. -
ARTICLE 3 -- EXCLUSIVITY
Nothing in this Agreement shall prevent the City from employing other
consultants to perform the same or similar services. The City also retains the option, at
Page 1 of 12
its sole discretion, to perform any and all planning, architectural and engineering
services by utilizing City employees or other consultants.
ARTICLE 4 -- SERVICES TO BE PERFORMED BY CONSULTANT
Consultant shall perform certain professional planning, architectural and
engineering services and such other related services as may be required by the City
from time to time which are specifically authorized by the City and set forth in a specific
Scope of Services. Each such specific authorization shall be referred to as Consultant
Services Authorization ("CSA"). Each CSA shall be designated as a consecutively
numbered exhibit to this Agreement and shall be attached hereto and incorporated
herein by this reference. Each CSA form shall set forth specific Scope of Services, the
total amount of compensation and a completion date. An individual CSA for projects
costing up to ten thousand dollars ($10,000.00) shall be approved by the City Manager
prior to commencement of any work by Consultant. For all projects valued at ten
thousand dollars ($10,000.00) or greater, the individual CSA shall be approved by the
City Council prior to the commencement of any work by Consultant.
ARTICLE 5 -- OWNERSHIP OF INSTRUMENTS
All instruments for professional services including, but not limited to, documents,
records, disks, original drawings and/or other information created and/or procured by
Consultant for any authorized project shall become the property of the City upon
completion of the work for which the asset was utilized and upon payment by the City.
ARTICLE 6 -- COMPENSATION
6.1 Compensation established by CSA
The total amount to be paid by the City under this Agreement and the method of
payment shall be set forth in each CSA. The Consultant shall bill the City on a monthly
basis, or as otherwise provided, at the amounts set forth for services rendered toward
the completion of the Scope of Work in each CSA. Where incremental billings for
partially completed items is permitted, the total incremental billing shall not exceed the
percentage of estimated completion of identifiable deliverables or accepted deliverables
as of the billing date.
6.2 Schedule of values
Consultant and the City shall agree on a Schedule of Values incorporating the
Scope of Services, deliverables and milestones. A Pay Application with percent
complete of each activity shall be included with each billing. A schedule update of
Consultant's work shall also be included with each billing.
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.
6.3 Review of pay applications
Pay Applications received from Consultant pursuant to this Agreement shall be
reviewed and approved by the initiating City department, indicating that services have
been received, and forwarded to the Finance Department for payment. Invoices shall
reference the CSA and current project number. Invoices will normally be paid within
thirty (30) days following the department‘s approval.
6.4 Fixed price method of payment
Whenever possible, the Scope of Services shall be thoroughly defined and
outlined in accordance with Article 4. Should the City deem that a change in the Scope
of Services is appropriate, then a decrease or increase in the fixed price shall be agreed
to in writing. If the City requests a detailed cost proposal, including the estimated labor
hours, labor rates, subcontractual services, out of pocket expenses and other related
costs supporting the work, the Contractor shall submit the information within ten (10)
calendar days following the request. Fixed price agreements shall include all services
including labor, reimbursables, overhead and profit as part of the fixed price.
Consultant agrees that its fee is not tied to construction cost.
6.5 Not to exceed method of payment
When a service is to be compensated for on a “not-to-exceed” basis, the
Consultant shall submit a not to exceed budget to the City for prior approval based on
estimated labor hours and labor rates which shall not exceed established hourly rates
as shown in ”Exhibit A attached hereto, plus subcontractual services, out of pocket
expenses and other related costs supporting the proposed work. The City shall not be
obligated to reimburse the Consultant for costs incurred in excess of the total not-to-
exceed cost amount. The Consultant shall notify the City in writing when ninety percent
(90%) of the not-to-exceed amount has been reached.
6.5.1 The City agrees to pay Consultant compensation for services rendered
based upon the established hourly labor rates for services rendered by
personnel directly engaged on City projects. The labor rates, overhead
and profit factors are subject to audit. The schedule of hourly labor rates
by labor category is set forth in “Exhibit A’ attached hereto and made a
part hereof. The rates listed in Exhibit A shall remain in effect for a period
of one year from the date of execution of this Agreement. At the end of
each one-year period, the rates may be renegotiated.
6.5.2 Subcontractual service shall be invoiced at the actual fees paid by
Consultant. Subcontractual services shall be approved by the City in
writing prior to performance of the subcontractual work.
6.5.3 “Out-of-pocket“ expenses shall be reimbursed up to the not-to-exceed
amount identified on each CSA. Out-of-pocket expenses mean the actual
expenses expected to be incurred by Consultant or Consultant‘s
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independent professional associates directly or indirectly in connection
with the work, such as expenses for: transportation and subsistence
incidental thereto; external reproduction of reports, drawings,
specifications, bidding documents, and similar Project related items.
Charges for other specialized equipment shall be determined on an
individual basis subject to approval of the City. All reimbursable expenses
will be estimated up front at the time of negotiating each CSA. All
requests for payment of out-of-pocket expenses eligible for reimbursement
under the terms of the Agreement shall include copies of paid receipts,
invoices, or other documentation acceptable to and required by the City’s
Finance Department. Such documentation shall be sufficient to establish
that the expense was actually incurred and necessary in the performance
of the Scope of Work described in each CSA. Any travel, per diem,
mileage, meals, or lodging expenses which may be reimbursable under
the terms of this Agreement will be paid in accordance with the rates and
conditions set forth in Section 112.061 I Florida Statutes.
6.6 Final invoice
In order for both parties to close their books and records, Consultant shall clearly
state “Final” on the Consultant‘s finalhast billing to the City for each CSA. This shall
constitute Consultant‘s certification that all services have been properly performed and
all charges and costs have been invoiced to the City for the CSA. Since this account
will thereupon be closed, any and other further charges, if not properly included on this
final invoice, are waived by the Consultant for the identified CSA.
ARTICLE 7 -- INSURANCE
7.1 Required coverages
secure and maintain, at its own expense, the following insurance policies:
During the performance of services under this Agreement, Consultant shall
A.
B.
C.
D.
Professional liability insurance in an amount not less than
$1,000,000.00 per occurrence.
Workers’ compensation and employer‘s liability insurance for all
employees engaged in work pursuant to the Agreement in
accordance with the laws of the State of Florida.
Comprehensive general liability insurance with bodily injury limits of
not less than $1,000,000.00, combined single limit, per occurrence
and with property damage limits of not less than $1,000,000.00,
combined single limit, per occurrence.
Comprehensive automobile liability insurance for all owned, non-
owned and hired automobiles and other vehicles used by
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.._ . . .~ . . . .-
Consultant with a $1,000,000.00 combined single limit for bodily
injury and property damage liability per occurrence.
7.2 Additional requirements
All general liability insurance 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 Consultant pursuant to this Agreement. The
insurance company selected must be acceptable to the City. All of the policies of
insurance required to be purchased and maintained shall contain a provision or
endorsement that coverage afforded shall not be cancelled, materially changed or
renewal refused until at least thirty (30) calendar days after written notice given to the
City by certified mail. All of Consultant’s subcontractors shall be required to include the
City and Consultant as additional insureds on their general liability insurance policies.
Consultant shall not commence work under this Agreement until all insurance required
as stated herein has been obtained and certificates evidencing same are filed with the
City.
ARTICLE 8 -- STANDARD OF CARE
Consultant shall exercise the same degree of care, skill and diligence in the
performance of the services as is ordinarily provided by a comparable professional
under similar circumstances and shall be obligated to correct services which fall below
such standards at no additional cost to the City. Consultant warrants that all services
shall be performed by skilled and competent personnel.
ARTICLE 9 -- INDEMNIFICATION
9.1 General indemnification
To the fullest extent permitted by all applicable laws and regulations, Consultant
shall indemnify, defend, save and hold harmless the City, its officers, agents and
employees, from any and all claims, damages, losses, liabilities and expenses, direct,
indirect or consequential, arising out of or in way related to the services furnished by or
operations of Consultant or its subcontractors, agents, officers, employees or
independent contractors pursuant to this Agreement, specifically including but not
limited to those caused by or arising out of any act, omission, negligence or default of
Consultant and/or its subcontractors, agents, servants or employees in the provision of
all services pursuant to this Agreement.
9.2 Patent and copyright indemnification
Consultant 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, patent rights and/or the
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unauthorized or unlicenced use of any material, property or other work in connection
with the performance of the Agreement.
9.3 Exclusion
Consultant shall not be required to indemnify the City or its agents, employees,
or representatives when the occurrence results from the wrongful acts or omissions of
the City or its agents, employees, or representatives. The terms and conditions of this
Article shall survive the completion of all services, obligations and duties provided for in
this Agreement as well as the termination of this Agreement for any reason.
ARTICLE 10 -- INDEPENDENT CONTRACTOR
Consultant undertakes performance of these services as an independent
contractor and shall be wholly responsible for the methods of performance utilized.
Consultant shall not pledge the City’s credit or make any guarantor of payment of surety
for any contract, debt, obligation, judgment, lien or any form of indebtedness.
Consultant further warrants and represents that it has no obligations or indebtedness
that would impair its ability to fulfill the terms of this Agreement.
ARTICLE 11 -- AUTHORITY TO PRACTICE
Consultant hereby represents and warrants that it has and will continue to
maintain all licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner.
ARTICLE 12 -- COMPLIANCE WITH LAWS
In the performance of the services contemplated by this Agreement, Consultant
shall comply with all applicable regulatory requirements, including federal, state, special
district and local laws, rules, regulations, orders, codes, criteria and standards.
ARTICLE 13 -- SUBCONTRACTING
The City reserves the right, in its sole discretion, to accept or reject the use of a
subcontractor and to inspect all facilities of any subcontractor to insure that the selected
subcontractors will be able to perform properly pursuant to this Agreement. If a
subcontractor fails to perform or make progress as required any CSA and it becomes
necessary to replace the subcontractor in order to complete the work in a timely fashion,
Consultant shall promptly provide a replacement, subject to acceptance of the new
subcontractor by the City.
ARTICLE 14 -- FEDERAL AND STATE TAXES
The City is exempt from federal tax and state sales and use taxes. Upon
request, the City shall provide an exemption certificate to Consultant. Consultant is not
exempt from paying sales tax to suppliers for materials used to fulfill contractual
obligations with the City, nor shall Consultant be authorized to use the City’s Tax
Exemption Number in securing such materials.
ARTICLE 15 --AVAILABILITY OF FUNDS
The obligations of the City under this Agreement and any CSA are subject to the
availability of funds lawfully appropriate for its purpose by the City Council of the City of
Palm Beach Gardens.
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.-
ARTICLE 16 -TERMINATION OF AGREEMENT
This Agreement may be terminated by the City, with or without cause ipon
providing written notice to the Consultant. This Agreement may be terminated by the
Consultant upon thirty (30) days prior written notice to the City. Upon any such
termination, Consultant waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Consultant is in
breach of this Agreement, the City shall pay the Consultant for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 17 -- NOTICE
All notices and other written communications required, contemplated or permitted
under this Agreement, shall be in writing, and shall be hand delivered,
telecommunicated, or mailed by certified mail, return receipt requested, to the following
addresses.
AS TO CITY:
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: City Manager
with a copy to:
Watterson & Hyland, P.A.
4100 RCA Boulevard, Suite 100
Palm Beach Gardens, Florida 33
Attention: Palm Beach Gardens City Attorney
AS TO CONSULTANT:
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
222 Clematis Street
Suite 200
West Palm Beach, Florida 33401
Notice shall be effective when received at the addresses specified above.
Facsimile transmission is acceptable notice effective when received; however, facsimile
transmissions received after 500 p.m. on weekends or holidays will be deemed
received on the next business day. Changes in the respective addresses to which such
notice is directed may be made from time to time by either party by written notice sent
by regular mail or facsimile to the other party.
Page 7 of 12
ARTICLE 18 -- FORCE MAJEURE
Neither the City nor Consultant shall be deemed in default of this Agreement if
delays or failure of performance is due to uncontrollable forces, the effect of which, by
exercise of reasonable diligence, the nonperforming party could not avoid.
Uncontrollable forces shall mean any event which results in the prevention or delay of
performance by a party of its obligations pursuant to this Agreement which is beyond
the reasonable control of the nonperforming party including, but not limited to, fire, flood,
earthquake, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and
governmental actions. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to
the other party describing the circumstances and the effect of such uncontrollable force
on the performance of its obligations pursuant to this Agreement. Either party shall,
however, be excused from performing if nonperformance is due to forces which are
preventable, removable or remediable and which the nonperforming party could have,
with the exercise of reasonable diligence, prevented, removed or remedied with
reasonable dispatch.
ARTICLE 19 -- USE OF DOCUMENTS
Consultant shall be required to cooperate with other consultants relative to
providing information requested in a timely manner and in the specified form. As
provided in Article 5, all instruments of professional services, shall, upon completion of
the work and payment of all monies due Consultant, become the property of the City for
its use and/or distribution as the City may deem appropriate. The parties specifically
acknowledge and agree that any re-use of such documents by the City, for other than
the specific purpose intended, without written verification and adaption by the
Consultant for such specific purpose shall be at the sole risk of the City and without
liability or legal recourse to Consultant.
ARTICLE 20 0- ACCESS AND AUDITS
Consultant shall maintain adequate records to justify all charges and costs
incurred in performing work authorized under this Agreement and individual CSAs for at
least three (3) years after completion of the applicable project. The City shall have
access to such books, records and documents as required in this section for the
purpose of inspection or audit during normal working business hours at Consultant’s
place of business.
Page 8 of 12
ARTICLE 21 - NON-DISCRIMINATION
The City and the Consultant 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.
ARTICLE 22 -- 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 shall pay to the prevailing party reasonable attorney’s fees and
costs, including appellate fees and costs.
ARTICLE 23 -- 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 or 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.
ARTICLE 24 -- BINDING EFFECT
All of the terms and provisions of this Agreement, whether so expressed or not,
shall be binding upon, enure to the benefit of, and be enforceable by the parties and
their respective legal representatives, successors, and permitted assigns. This
Agreement may not be signed without the prior written consent of all parties to this
Agree men t .
ARTICLE 25 -- 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 herein shall not be
invalidated by and shall be given full force and effect so far as possible.
ARTICLE 26 -- ENTIRE AGREEMENT
Page 9 of 12
This Agreement constitutes the entire understanding and agreement between the
parties with respect to the subject matter hereof.
ARTICLE 27 - HEADINGS
The headings contained in this Agreement are for convenience of reference only,
and shall not limit or otherwise affect in any the meaning or interpretation of this
Agreement.
ARTICLE 28 9- 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.
ARTICLE 29 -- EFFECTIVE DATE
The effective date of this Agreement shall be as of the day it has been executed
by both parties hereto.
[Remainder of page intentionally blank - signatures on next page]
Page 10 of 12
IN WITNESS WHEREOF, the parties have executed this Agreement on the
Executed by the City this qw day of
dates hereinafter written.
,2002.
. .. Sufficiency: .,-----' n * Leonard G. Rubin, City Attorney
RDENS, a Florida
Executed by the Contractor this ym day of Z&'d&, ,2002.
GLAlTlNG JACKSON KERCHER ANGLIN
LOPEZ RINEHART, INC., a Florida
corporation
By: @w
Print name: 3arw;l k. bdi
Title: THQSuruj.
WITNESSED:
Page 11 of 12
Exhibit A
AGREEMENT FOR PROFESSIONAL SERVICES
Between
City of Palm Beach Gardens
And
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
Principal $175 per hour
Senior Professional $125 per hour
Mid-Level Professional $85 per hour
Entry-Level Professional & Graphics $65 per hour
Administrative Assistant $50 per hour
NOTE: “Professional” as listed above includes Landscape Architect, Planner,
Ecologist, or Transportation PlannedEngineer
Page 12 of 12
Date Prepared: July 29,2004
Meeting Date: September 7,2004
Resolution: 166,2004
EXHIBIT B
GLATTING JACKSON RENEWAL AGREEMENT
EXHIBIT A
RENEWAL PROPOSAL
Jxk f-. C;lattiiig. Founder
Williani J.Anghn,Jr.
I)avid L. I3arth
Jay H. Exum
CIarey S. Hayo
Jay I<. Hood
l’iiiiothy T. Jackson
Williani C. Kcrcher, Jr.
Walter M. Kuldsh
Sharon K Larnantia
S. Iliymond Lopez
Tlioiiids J. MrMackm, Jr.
John H. Percy
John F. knehart
(;regory A. Bryla
trance\ Chdndler-Mdrlno
John W Check
Ilavid I< <:lam
Charles P. Cobble
Michrrl I<. Cochran
JrtFrcy S. Collins
A. Blake Drury
Sandy A. Frank5
I )oug135 V. Game\
Bruce C. Hall
Joiirthan W. Hoffman
Ilavid M. Kutner
G~~I r). ~acey
lhnt A. Lacy
Wll~ldlll 1). Lite\
lm M. Lockwood
Kok Wan Mdh
Jethy F. Manuel
Edward J. McKinney
I<.indall S. Mejeur
John J. Moore 111
llhy N Mohabcer
Jonrthaii M. Mupon
Kirk J. Olney
Tiniothy I<. l’alrrino
Kclley Samuels Peterman
Heather J. Phirl
Troy I? Russ
Jodi I.. Kutniann
I’etrr C. Sechler
Michael Sobczak
Jeff M. Sugar
Ibnald L. Urbaniak
(;.Wade Walkcr
Gary E Warner
Ilonald C; Wi5hart
l)ougld\ A. Mrtzger
Community
Planninx
GLATTING
JACKSON
KERCHER
ANGLIN
LOPEZ
RINEHART
Angela Wong
Projects Manager
City of Palm Beach Gardens, FL
(56 1) 799-4 127 Office
(561) 799-4134 Facsimile
August 16,2004
Re: Renewal of Agreement for Continuing Park Planning and Design Services
Dear Angela,
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc (Glatting Jackson) is
pleased to renew our Agreement for Professional Services with the City of
Palm Beach Gardens for Continuing Park Planning and Design Services,
dated September 4,2002. In accordance with paragraph 6.5.1 of the
Agreement, we respectfully request that you update “Exhibit A”, hourly rate
schedule, to reflect our current (2004) hourly rate schedule, attached.
Please let us know if you have any questions, or need additional information.
We appreciate the opportunity to continue providing park planning and design
services to the City, and look forward to working with you on future projects.
Sincerely,
Dave Barth
Vice President
222 (:lcnidtis Street
suitr 200
Wc\t I’alin Beach
I-1orid.i. 33401
1’. So1 054 6552
t. 561 833 17‘10
www.~l‘lttlllg.coln
Atlanta Orlando
Weir Palm Beach
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
HOURLY RATE SCHEDULE
2004
Principal 5
Principal 4
Principal 3
Principal 2
Principal 1
Planner 6
Planner 5
Planner 4
Planner 3
Planner 2
Planner 1
Transportation Engineer 6
Transportation Engineer 5
Transportation Engineer 4
Transportation Engineer 3
Transportation Engineer 2
Transportation Engineer 1
Transportation Planner 6
Transportation Planner 5
Transportation Planner 4
Transportation Planner 3
Transportation Planner 2
$250
$225
$215
$190
$165
$200
$165
$130
$1 10
$95
$75
$200
$165
$130
$1 10
$95
$75
$200
$165
$130
$1 10
$95
Transportation Planner 1
Ecologist 4
Ecologist 3
Ecologist 2
Ecologist 1
Landscape Architect 5
Landscape Architect 4
Landscape Architect 3
Landscape Architect 2
Landscape Architect 1
Landscape Designer 3
Landscape Designer 2
Landscape Designer 1
Public Relations 3
Public Relations 2
Public Relations 1
GIS Specialist 2
GIS Specialist 1
Graphic Artist 3
Graphic Artist 2
Graphic Artist 1
Administrative Assistant
Technician
$75
$130
$1 10
$95
$75
$165
$130
$1 10
$95
$75
$90
$80
$70
$95
$85
$75
$95
$75
$95
$85
$75
$55
$50
RENEWAL AND AMENDMENT
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2004,
by and between the City of Palm Beach Gardens, a municipal corporation (hereinafter
referred to as “City”), whose address is 10500 N. Military Trail, Palm Beach Gardens,
Florida 3341 0, and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (hereinafter
referred to as “Consultant”), a Florida Corporation, whose address is 222 Clematis
Street, Suite 200, West Palm Beach, Florida 33401.
WHEREAS, the City hired Consultant pursuant to a Continuing Contract dated
September 4, 2002 (“Contract”); and
WHEREAS, the Contract provides for two (2) one-year renewal options pursuant
to Article 2 of said Contract; and
WHEREAS, both the City and Consultant are desirous of renewing said Contract
for one additional one-year term and on the terms and conditions more particularly
provided for below.
NOW, THEREFORE, in consideration of the mutual promises contained herein
the parties agree as follows:
1.
2.
3.
4.
The above recitals are true and correct and are incorporated herein by
reference.
The Contract is hereby renewed for one additional one-year period
commencing from the expiration of the term of the original contract date.
The Exhibit “A attached to the Contract is hereby amended by the Exhibit “A
hereto and by this reference incorporated herein, which modifies Section 6.5 of
the Contract.
Except as modified herein, all other terms and conditions of the Contract
remain in full force and legal effect.
(The remainder of this page left intentionally blank)
IN WITNESS WHEREOF, City and Consultant have executed this Agreement all
as of the day and year first above written.
ATTEST:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum
WITNESS:
n
. Z&, ‘W
CITY OF PALM BEACH GARDENS,
FLORIDA, a Florida Municipal
Corporation
By:
Eric Jablin, Mayor
(SEAL)
Glatting Jackson Kercher Anglin Lopez
Rinehart, Inc., a Florida Corporation
(CORPORATE SEAL)
2
e1 > , tk h?
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 16,2004
Meeting Date: September 7,2004
Resolution: 177,2004
SubjectlAgenda Item:
Resolution 177, 2004 - Approve a Work Authorization and Notice to Proceed in the
amount of $865,200.00 to Murray Logan Construction, Inc. via their Annual Public Works
Contract dated May 6,2004, for canal restoration of the Thompson River Canal from Vision
Drive to Hickory Drive that is associated with the Stormwater Svstem Improvements -
Phase Ill (City Project No. 2003-007)
[ X ] Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by:
Civil Engineer
Finance Director
b@@
Community Services
Administrator
Department Director
A* Ci ana r
Community Services
Department
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
LX ] Notified
[ ] Not required
E, 1
Ests: $ 865.200.00
(Total)
$865,200.00
Current FY
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
001-3040-541.6918
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 177, 2004
Exhibit A: Site map
Exhibit B: Murray Logan,
Inc. Proposal
Exhibit C: Work
Authorization and Notice
to Proceed.
[ ]None
Date Prepared: August 16,2004
Meeting Date: September 7,2004
Resolution: 177,2004
Projects
FEC Ditch (Burns to RCA Blvd.1
BACKGROUND: The City has completed several priority projects as identified in the
Stormwater System Management Plan dated January 2002. Those projects were funded
by the General Fund. City Council approved the Series 2003 Public Improvement and re-
financing bond as recommended by the Blue Ribbon Panel on November 6,2003, in order
to facilitate the progress of other Stormwater projects. It has been the City’s intention to
complete the remaining projects within three years from the date of receipt of the $5 million
bond funds. The remaining projects were as follows:
Ranking
3
Thompson River Canal (Military south to Seagrape)
Allamanda Spillwav OPerable Gate
4
5
Plat 4 - Phase 2 (Secondary Drainage System)
ThomPson River Canal (Earman Canal to Liahthouse Dr.1
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The City contracted with Murray Logan Construction, Inc., in December 2003 to complete
the first phase of the Thompson River Canal Project (Phase II - Military south to
Seagrape). The next phase of this project, Phase Ill - Vision Drive to Hickory Drive is
ready to begin. Staff received a proposal from Murray Logan Construction, Inc., who is
currently contracted with the City under the Annual Public Works Contract dated May 6,
2004, for the aforementioned improvements. If the Work Authorization and Notice to
Proceed is approved, construction will begin mid-September and continue through May
2005.
Thompson River Canal (Holly to 195)
Thompson River Canal (Mil to Hickory S. of PGA Blvd.)
Earman River Canal (MacArthur Blvd to Thompson)
STAFF RECOMMENDATION: Approve Resolution 177, 2004 approving the Work
Authorization and Notice to Proceed in an amount not to exceed $865,200.00, for
continuation of the canal restoration services related to the Stormwater System
Improvements (Phase Ill City Project No. 2003-007) to Murray Logan Construction, Incvia
their Annual Public Works Contract dated May 6, 2004.
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Date Prepared August 16, 2004
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RESOLUTION 177,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION AND NOTICE TO PROCEED TO MURRAY
LOGAN CONSTRUCTION, INC. BASED ON ITS EXISTING ANNUAL
PUBLIC WORKS CONTRACT DATED MAY 6, 2004, FOR THE
RESTORATION OF THE THOMPSON RIVER CANAL, FROM
VISION DRIVE TO HICKORY DRIVE, CITY PROJECT NO. 2003-
007/STORM=WATER SYSTEM IMPROVEMENTS, PHASE 111; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to perform restorative and maintenance activities
along the Thompson River Canal, from Vision Drive to Hickory Drive, as identified in the
Site Map attached hereto as Exhibit “A; and
WHEREAS, the City awarded an Annual Public Works Contract to Murray Logan
Construction, Inc., per Resolution 102, 2004 dated May 6, 2004, for services including
those required above, pursuant to a competitive sealed bid; and
WHEREAS, the City has received a quotation from Murray Logan Construction,
Inc. to provide construction services related to said project, a copy of which is attached
hereto as Exhibit “B”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
award a Work Authorization and Notice to Proceed to Murray Logan Construction, Inc.
based on its Annual Public Works Contract dated May 6, 2004; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization to Murray Logan Construction, Inc. to provide such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a Work Authorization and Notice to
Proceed for restoration to the Thompson River Canal Project from Vision Drive to
Hickory Drive to Murray Logan Construction, Inc., in the amount of $865,200.00 based
on its Annual Public Works Contract dated May 6, 2004, and authorizes the Mayor and
City Clerk to execute such Work Authorization and Notice to Proceed.
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Date Prepared: August 16, 2004
Resolution 177, 2004
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBERLEVY
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONShurray logan - thornpson river canal - reso 177 2004.doc
2
Date Prepared: August 16,2004
Meeting Date: September 7,2004
Resolution: 177,2004
EXHIBIT A
SITE MAP
EXHIBIT “A”
MILITARY TRAIL I’
D
D
m
0
2
r m
< P
W 0
k
Date Prepared: August 16,2004
Meeting Date: September 7,2004
Resolution: 177,2004
EXHIBIT B
MURRAY LOGAN CONSTRUCTION, INC. PROPOSAL
MURRAY LOGAN CONSTRUCTION, INC.
General Contractors
313 6? TrailNorth
West Palm Beach, FL 33413
QUOTATION
TO: City of Palm Beach Gardens
ATTN.: David Reyes
Dept. of Engineering
Phone: 561-686-3948
Fax: 561-686-7465
DATE: 8-10-04
NAME OF PROJECT: Thompson River, Vision Drive to Hickory Drive Restoration
LOCATION: West of Military Trail 500' north of Burns Road, north to Hickory Drive including the 2 finger cads.
PLANS & SPECIFICATIONS: LBFH Desip section with 100 foot right of way and maintenance shelf on both sides.
WE PROPOSE TO WRMSH ALL LABOR, MATERLAL ANlD EQUIPMENT TO PERFORM THE M)LLOWING:
A, Canal Rustoration
on both sides of all canals. (Approximately 23,500 lineal feet of card bank)
LBFH Project No. 03-4296A
1. Mobilize equipment, crew, turbidity screens, atld maintenance of traflic.
2. Cwstruct access roads at bridges @ckory and Lardi)
3. Clear right of way of all trees, fences, etc and dispose of off site.
4. Excavate canal to design section and con8truct maintenance shelf on both sides.
5. Sod fiom waters edge to top of bank with Bahia sod. Sod maintenance shelf to right of way line wid all other disturbed
weas with Floratarn sod.
6. Remove access roads and completely restore all disturbed areas.
PORTHELUMP SUM OF .......................................... $848,500.00
Deduct $.lo/ ef of sod ifBahia is substimttxi for Floratam
B. Culvert Extensions (As estimated ftom plans, actual number of extensions may change due to field conditions)
1. Supply and iastaU culvert extension OD 5 of the 13 culverts Shawn on plans to match eew canal cross sections as follows:
Page (5) 24" RCP @ $3200.00 /Page (4) 12" CAP @ S1400.00 / Page (4) 8" CAP @ $1100.00 /Page (3) 30" RCP @ $3450.00
Page (2) 24" RCP @ $3200.00
Tofal for Culvert Extensions .......................................... $12,350.00
C. Boat: Ramp at Vision gate.
i. Supply and install a 8 ft wide x 40 fi long bat ramp utilizing Petrofiex Articulating Block Mats on filter fabric.
FOR THE LUMP SUM OF.. ......................................... $4,350.00
QRA?4D TOTAL FOR A, B, C, .............................................................................. ..,..$865,200.00
Nota: 1. Staking, as builts, and permits excluded.
2. Public to remove personnel items &am right of way prior to start of work.
3. Clearing limited to within right of way. Stumps may be lee in place where removal may cause damage to existing utilities.
4. Price is based on moss section modified so no fill is required to be imported or exported. City may direct filI to be imported or
5. Existing utilities may dictate modification of crass s&m. Removal, relocation or modification of existing utilities excluded.
6. CIearing and excavation to begin after relocation of utilities improperly located in City right of way are removed.
7. Irrigation of Flaratam by others, if irrigation not supplied or maintained no guarantee of Floratam sod.
exported at additional cost if they desire.
MURRAY LOGAN C0NSTRUCIION, INC CANNOT GUhRANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTRERS.
BWBRS SIGNED ACCEPTANCX Wnt CONSTITUTE A BmbW COwTgAcT.
IElTIIEEVENTTHERB1S ANYDEPAULTIN PA- DUE UNDERTKISCONTRACT ANDTHB SAME IS PLACEDINTHEHAEFDS OFANAlTORNBY
FOR COLLECTION, THE PuRCHAseR AND/OR PIJRC~RS f%RBBY AGREE TO PAY AtL COST OF COUECTION, INCLUDINa RJiMONMLE
ATFORNEY'S FEES.
ACCEPTED: MURRAY LOGAN CONSTRUCTION, INC.
BY:
TITLE: VICE PRESID-
DATE:
Date Prepared: August 16,2004
Meeting Date: September 7,2004
Resolution: 177,2004
EXHIBIT C
WORK AUTHORIZATION AND NOTICE TO PROCEED
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION AND NOTICE TO PROCEED
PROJECT NO. 2003-007
PROJECT TITLE: Stormwater Svstem Improvements Thompson River, Vision Drive to
Hickory Drive (Phase 111)
CONTRACTOR: Murray Logan Construction, Inc.
DATE: August 16,2004
YOU ARE HEREBY REQUESTED TO PROCEED WITH THE FOLLOWING WORK, AS
OUTLINED IN THE PROPOSAL ATTACHED HERETO, AND ALL WORK SHALL BE
PURSUANT TO THOSE ITEMS IN THE ANNUAL PUBLIC WORKS CONTRACT DATED
MAY 6, 2004. BY THIS REFERENCE INCORPORATED HEREIN, FOR THIS PROJECT
AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT
STIPULATIONS, COVENANTS AND CONDITIONS.
FOR AN AMOUNT NOT TO EXCEED $865,200.00
THE WORK SHALL COMMENCE ON September 8, 2004 AND BE SUBSTANTIALLY
COMPLETE NO LATER THAN May 8, 2005 WITH A FINAL COMPLETION DATE OF
June 8, 2005. THE PARTIES HERETO ALSO UNDERSTAND THAT THE CITY MAY
MODIFY THE COMMENCEMENT DATE HEREIN UPON WRITTEN NOTICE.
THE UNDERSIGNED HAS PROVIDED ALL SUCH INSURANCE AND BONDS AS
REQUESTED AND DEEMED NECESSARY BY THE CITY OF PALM BEACH GARDENS.
THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND
NOTICE TO PROCEED, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS
INCORPORATED HEREIN.
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
,P Community Services 001 -3040-541.691 8
DEPARTMENT ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS, FLORIDA
DEPARTMENT MAYOR
RECOMMEN
ATTEST:
CITY CLERK
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION AND NOTICE TO PROCEED
PROJECT NO. 2003-007
PROJECT TITLE: Stormwater System Improvements Thompson River, Vision Drive to
Hickory Drive (Phase 111)
CONTRACTOR: Murray Lopan Construction, Inc.
DATE: August 16,2004
YOU ARE HEREBY REQUESTED TO PROCEED WITH THE FOLLOWING WORK, AS
OUTLINED IN THE PROPOSAL ATTACHED HERETO, AND ALL WORK SHALL BE
PURSUANT TO THOSE ITEMS IN THE ANNUAL PUBLIC WORKS CONTRACT DATED
MAY 6, 2004. BY THIS REFERENCE INCORPORATED HEREIN, FOR THIS PROJECT
AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT
STIPULATIONS, COVENANTS AND CONDITIONS.
FOR AN AMOUNT NOT TO EXCEED $865,200.00
THE WORK SHALL COMMENCE ON September 8, 2004 AND BE SUBSTANTIALLY
COMPLETE NO LATER THAN May 8, 2005 WITH A FINAL COMPLETION DATE OF
June 8, 2005. THE PARTIES HERETO ALSO UNDERSTAND THAT THE CITY MAY
MODIFY THE COMMENCEMENT DATE HEREIN UPON WRITTEN NOTICE.
THE UNDERSIGNED HAS PROVIDED ALL SUCH INSURANCE AND BONDS AS
REQUESTED AND DEEMED NECESSARY BY THE CITY OF PALM BEACH GARDENS.
THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND
NOTICE TO PROCEED, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS
-_
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
Community Services 001 -3040-541.691 8
DEPARTMENT ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS, FLORIDA
RECOMMEN
MAYOR
ATTEST:
2
&I% ATTORNEY CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 10,2004
Meeting Date: September 7,2004
Ordinance 35,2004
Resolution 176,2004
SubiecUAPenda Item
Ordinance 35,2004 and Resolution 176,2004: The Sanctuary PBG HOA, Inc. Lake Access
Tract
First Reading: A request by Sherry Hyman, Agent, on behalf of The Sanctuary PBG
Homeowners Association (HOA), to allow for an amendment to the Sanctuary Planned Unit
Development (PUD). The proposed plan would allow for lake access though an upland preserve
by creating an open space tract. The PUD is 8 1.9 acres in size and located on the north side of
Hood Road approximately 1,500 feet west of Prosperity Farms Road.
[XI Recommendation to APPROVE
I 1 Recommendation to DENY
Reviewed by:
Planning & Zoning Director: G
Tala1 Benothman, AICP .
City Attorney:
Christine Tatum, Esq.
Developm t Co & we: I
Bahareh Keshavarz, AICP
Growth
Administrator:
Charles K. Wu, AICP
Originating Dept.:
Growth Management:
City Forester
[XI Quasi-Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
Date: Aug. 23, 2004
Paper: PB Post
[ ] Not Required
Aflected parties:
[ ]Notified
[ XI Not Required
FINANCE:
costs:
$ NJA
Total
$ NJA
Current FY
Funding Source:
[ 3 Operating
[XIOther N/A
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Table 1
0 Approved Site Plan
0 Proposed Site Plan
Proposed Replat of
0 LBF&HMemo
0 Complaint letters (1 1)
Ordinance 35,2004
0 Resolution 176,2004
(enlarged)
Tract U-3
Date Prepared: August 10,2004
Meeting Date: September 7,2004
Ordinance 35,2004
Resolution 176,2004
EXECUTIVE SUMMARY
The Sanctuary Homeowners Association desires a lake access through common property for
maintenance purposes. The only common property available adjacent to the lake is a preserve
with restrictive language. The petitioner request is to amend the PUD by converting a portion of
the preserve into a less restrictive open space tract for a mulched pathway. City staff
recommends approval because the lake maintenance is of high importance and no protected
listed species are in harms way.
BACKGROUND
The subject site is within “The Sanctuary” Planned Unit Development (PUD). On November 4,
1993, the City Council approved ‘The Sanctuary” at Palm Beach Gardens through Ordinance 22,
1993, for 184 single-family detached and zero lot-line residential units on 82 acres. City Council
approved the “The Sanctuary” PUD Plat No. 1 through Resolution 1 11, 1994, and “The
Sanctuary” PUD Plat No. 2 through Resolution 112, 1994. Subsequently, the project was
amended through Resolution 89, 1994, that allowed for a minor modification to the model home
elevations and floor plans. The project was again amended through Resolution 66, 1996, which
converted the upland preserve to a landscape tract and added a utility easement to the northwest
comer, added an access easement to the wetland drainage structure in the northern wetland, and
approved the mitigationhestoration plan for the preserves along the western and northern
sections of the project that was subject to a code enforcement ruling.
It was during the 1996 PUD amendment that City staff required some compensation for the loss
of preserve acreage. Through the approval of Resolution 66, 1996, the replat of “The Sanctuary”
PUD Plat No. 2 was required, which converted open space Tract “0-6” to the upland preserve
Tract “U-3” that exists today. The replat was approved by Resolution 106, 1996. The amended
site plan corrected some problems encountered by the developer during the construction of the
Sanctuary, but it also created a new problem with lake access. The approved Sanctuary Site Plan
indicates four 15-foot wide “Drainage Tracts.” Two “drainage tracts are for wetland preserve
access and two “drainage tracts’ are for lake access. None of the four “drainage tracts” ever
appeared on the approved plats for the Sanctuary. When the City required the replat of “0-6”, the
City unintentionally restricted the use of the only common property owned by the Sanctuary
HOA adjacent to the lake.
The existing lake (Tract “L”) is surrounded by private residential lots and the HOA owned 0.81
acre upland preserve Tract “U-3.” Tract “U-3” is accessed off of Princewood Lane (previously
known as Heatherwood Lane), and lies between lots #65 and #66. The proposed lake access
tract through Tract “U-3” would allow the HOA to construct a pathway through the native
Page 2
Date Prepared: August 10,2004
Meeting Date: September 7,2004
Ordinance 35,2004
Resolution 176,2004
vegetation fifteen (15) feet wide and two hundred (200) feet long in order to provide vehicle
access to the five-acre lake. The proposed path will connect to the existing twenty (20) foot wide
lake maintenance easement, which encompasses the lake, for weekly maintenance of the lake
tract and potentially any larger lake maintenance needs. The proposed modification would revert
part of the restricted upland preserve tract back to its original status of open space to allow
vegetation to be removed for lake access.
The proposed path has been field adjusted and surveyed roughly down the center of the preserve
to minimize impacts to adjacent home owners and trees. No Oak trees are proposed to be
removed with this alignment. No listed endangeredthreatened species were observed based on
the HOA’s environmental assessment dated February 9, 2004. The City’s Environmental
Consultant, Jim Schnelle, has reviewed the environmental assessment and has agreed with
the assessment. The creation of the proposed pathway will not be detrimental to the
preserve and could help with the management of the preserve. Due to the insignificant
impact of the proposed pathway to Tract “U-3”, the applicant is not proposing any mitigation.
The developer was originally required to preserve a minimum of 10.25 acres, which was 25% of
the upland habitat based on the original environmental assessment of the site. The approved
plats put the total upland preserve acreage at 15.61 acres. The platted upland preserve acreage is
greater than the original site plan required. The proposed pathway acreage is 0.07 acre. The
elimination of 0.07 acres of upland preserve will not reduce the upland preserve acreage below
the City’s code requirement.
The City and the Sanctuary HOA have received eleven (1 1) written objections to any alteration
or any clearing of the preserve (attached) from Sanctuary residents including both property
owners to either side of the preserve tract. City staff has been advised that one of those residents
has filed a law suit against the HOA over the issue surrounding the proposed lake access tract.
To address some of the residents’ concerns, the HOA is not planning to utilize the entire 15 feet
for a pathway at this time, and it will be constructed of mulch. The proposed location and width
of the lake access tract has been selected to minimize the destruction of trees and plants.
Occasionally, the lake maintenance contractor needs to use a boat to control aquatic weeds. The
HOA has stated that it intends to install a chain across the front of the path to restrict vehicular
traffic, and place a sign within the path indicating that the path is “For lake maintenance access
only. No dogs or pets allowed.”
LAND USE AND ZONING
The subject site has a zoning designation of Planned Unit Development Overlay with an
underlying zoning of Residential Low (RL-2). The Land Use designation of the PUD is
Page 3
Date Prepared: August 10,2004
Meeting Date: September 7,2004
Ordinance 35,2004
Resolution 176,2004
Residential-Low (RL). The subject site has a gross density of 2.25 units per acre, which is
consistent with the underlying zoning. Please see attached Table 1 for details on surrounding
properties.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed amendment is consistent with the overall intent of the goals, objectives and
policies of the City’s Comprehensive Plan. In this case, the best management practice requires
the priority be given to improve the lake access rather than protect the fauna and flora since no
listed species are in harms way. The following goals, objectives and policies indicate the
specific consistency between the Comprehensive Plan and the proposed amendment:
Infrastructure Element
Goal 4.C.1.: Provide adequate city-wide drainage and stormwater management for all property
in the City.
Objective 6.1.9.: The City, through its consultants and staff, will establish the drainage facility
improvements needed within the City and the priority thereof.
Conservation Element
Policy 6.1.2.1.:
management practices are required.
The City shall continue to maintain drainage regulations to ensure best
CONCURRENCY
The PUD already received concurrency during the PUD approval process. No operational traffic
improvements are required as a result of the proposed PUD amendment.
PROJECT DETAILS
Site Access
Pedestrian access and connectivity have been provided throughout the site through a system of
sidewalks. The proposed lake access pathway through the preserve will connect the existing 20-
foot wide lake maintenance easement to existing sidewalks within Princewood Lane right-of-
way, which is adjacent to Tract U-3. This will allow for improved access to the upland preserve
Page 4
Date Prepared: August 10,2004
Meeting Date: September 7,2004
Ordinance 35,2004
Resolution 176,2004
and lake amenities. The proposed access tract will also replace the two drainage tracts shown on
the site plan, but never platted.
Drain age
The four 15-foot wide “drainage tracts” shown on the approved site plan do not exist. There are
five 1 2-foot wide drainage easements platted on private property, which tie the lake to the overall
water management system. These easements are dedicated to the HOA for drainage proposes,
which is different than lake maintenance. The infrastructure located within the drainage
easements are maintained by the HOA. These easements do not prohibit the property owners
from fencing and landscaping their properties. The HOA has for the past eight years relied on
property owners granting them permission for access to accomplish regular HOA lake area
maintenance. The drainage easements are not intended for daily lake access by the HOA unless
in association with drainage infrastructure repair work. According to the HOA, drainage pipes
have been damaged when vehicles have used these easements in the past. According to a May 7,
2003 memorandum (attached) from Sean Donahue of LBF&H, Tract U-3 appears to be the most
suitable location for the HOA to place the lake maintenance access. The proposed 15-foot wide
access tract will replace the two approved 15-foot wide “drainage tracts” to the lake that were not
platted. The other two 15-fOOt “drainage tracts” for access to the wetland preserves are no longer
needed.
PLANNING, ZONING & APPEALS BOARD
On May 25, 2004, the Planning, Zoning and Appeals Board held a public hearing for this
petition. The Board’s motion to recommend denial to City Council failed because the vote was
three - three. There was no recommendation.
STAFF RECOMMENDATION
Section 78-563(d), entitled Access to lake maintenance tract, requires permanent means to access
lakes and water bodies, acceptable to the City engineer, through platting. The minimum preserve
requirements setforth in the City’s Land Development Regulations have been exceeded by 5.36
acres. Rather than eliminating the entire 0.81 acres from its current preserve land status, staff
believes converting a small portion of this preserve to a more useful open space tract, which is
necessary to facilitate the lake maintenance access, is the best alternative. The change of land
use and potential impacts to the plant and wildlife environment are insignificant. The Sanctuary
Planned Unit Development will benefit significantly with the addition of a lake access tract for
drainage and lake maintenance operation.
Page 5
Date Prepared: August 10,2004
Meeting Date: September 7,2004
Ordinance 35,2004
Resolution 176,2004
Staff recommends approval of Ordinance 35, 2004 and Resolution 176, 2004 with the following
condition:
1. The lake access pathway shall not be constructed until the replat for Tract U-3 has been
approved by the City Council and publicly recorded (City ForesterPlanning & Zoning).
Page 6
Subiect Prooerty Residential Low (RL) Residential Low (RL)
The Sanctuary PUD Planned Unit Development (PUD)
Overlay
N&
Frenchman’s Creek DRVPCD Planned Community Development Residential Low (RL)
(PCD) Overlay and Golf
south
Hood Road and Residential
Frenchman Landing (County) (County Zoning - RS/SE) Residential (MR-5)
West
Frenchman’s Creek DRVPCD Planned Community Development Residential Low (RL)
(PCD) Overlay and Golf
East Crystal Point (County) Residential Residential (MR-5)
(County Zoning - RS/SE)
i’
,
- a: ..,-
4 z m v
.
CONSULTING CIVIL ENGINEERS.
SURVEYORS &MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
“Partners For Results
Value By Design’’
3550 S
(772) 286-3883
Fax (772) 286-3925
www.lbfi.com
MEMORANDUM
TO: Mark Hendrickson
FROM: Sean C. Donahue, P.E.W
DATE: May 7,2003
FILE NO. 03-4293
SUBJECT: The Sanctuary PUD: Lake Maintenance Access Easement
We have reviewed the following information for the referenced project received on
April 29,2003:
0 Development Application
0 Sketch and Legal Description of Lake Maintenance Access Easement
prepared by Land Matters Associates
The Sanctuary Plat No. 1 as recorded in Plat Book 73, Pages 78 to 82 in the
public records of Palm Beach County.
0 The Sanctuary Plat No. 2 as recorded in Plat Book 73, Pages 83 to 86 in the
public records of Palm Beach County.
0 The Sanctuary-Replat of Tract “0-6” as recorded in Plat Book 77, Pages
117 to 11 8 in the public records of Palm Beach County.
It is our understanding that The Sanctuary PBG HOA, Inc. desires to replat Tract
“U-3” of The Sanctuary-Replat of Tract “0-6” plat to allow for the dedication of a
20-feet wide Lake Maintenance Access Easement through the tract. The HOA is
desirous of ths easement to allow for the proper lake access for common lake and
lake bank maintenance activities as well as those required during periods of
emergency or duress (such as during or after a major storm event).
Based on our review of the existing and previous plats of the development as listed
above, there does not appear to be an existing, dedicated access to Lake Tract L.
While 12-foot wide drainage easements are present throughout the plats, these
easements are dedicated for drainage purposes only and not for lake maintenance
activities. Further, the drainage easements are 12-feet wide and do not appear to
ovide clear access to the lake for large equipment such as track hoes or grade alls
would be used for lake reconstruction and large scale maintenance. Typically,
commend easements ranging from 15 to 20 feet wide for these activities based
he depth of the pipe and other factors.
t U-3 appears to be the most suitable location for this tract since it is owned
maintained by a single entity (the HOA). Therefore, we have no engineering
cerns with allowing the Lake Maintenance Access Easement to be placed
through Tract U-3.
The Sanctuary PUD
LBFH File No. 03-4293
Page 2 of 2
We have the following comments based on our review of the application and sketch
and legal description:
1. The sketch shows the tract as Tract 0-6, presumably an Open Space Tract. The
current plat of the land dedtcates this area as an Upland Preserve. We
recommend providing a Lake Maintenance Access Tract along the same path as
the easement and keeping the Upland Preserve on each side of the Lake
Maintenance Access Tract. However, this option may require a replat of Tract
u-3.
2. If the tract remains as an Upland Preserve, then the tract should continue to
exclude the 10-feet wide Utility Easement as shown on the existing The
Sanctuary-Replat of Tract "0-6" plat.
If you have any questions or require addttional information, please do not hesitate
to contact me at (772) 219-2828.
cc: Talal Benothman
Michael M. Gfesser, PA
Attorney At Law
October 28,2003
Mark I. Hendrickson, City Forester
City Of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Sanctuary Subdivision Upland Preserve Tract U-3
Dear Mark:
I was able to visit a few of my neighbors over the weenend. Some o em were not a
home. All of the neighbors that I-visited executed the attached letter, Not all of the
residents are in favor of the Easement.
Mr. Jensen and his wife who reside on the other side of the Preserve at 66 Princewood
Lane were very upset that any parts of the Preserve were to be cut. They stated that they
had no idea that this was planned and offered their assistance to me.
I request that you take this into account as you move forward.
Sincerely,
63 1 US Highway One, Suite 308
North Palm Beach, EL 33408
Telephone 561.882.1331
October 2003
TO: Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
' ADDRESS: Palm Beach Gardens. FL 33410
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
ADDRESS; q/ p/u;M4@d
Palm Beach Gardens. FL 33410
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
cleating of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
Palm Beach Gardens. FL 33410
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
BY
ADDRESS: b+ //?a fJ00
Palm Beach Garden s. FL 33410
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
ADDRESS: q5 Pr i’ncedocd L m.
Palm Beach G ardens. FL 3341 0
October 2003
TO;
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
BY:
//
ADDRESS:
Palm Beach Gardens. FL 33410
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
1 am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal M destrpction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
pp e 8 L33410
.
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
ADDRESS:36-' t+k&.L&d )-fi
Palm Beach Gardens. FL 33410
Andrew & Susan Paciocco
39 Princewood Lane
Palm Beach Gardens, Florida 33410
561-625-0898
December 15,2003
Mr. Mark Hendrickson
City Forester
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Proposed Amendment - The Sanctuary
Dear Mr. Hendrickson:
We write to you today to voice our opposition to the proposed amendment related to the
preserve area across the street from our residence located in the Sanctuary in Palm Beach
Gardens.
The preserve areas of our development as they exist today were a major part of our initial
attraction to establishing our home in our lovely community. It is our understanding that
the residents of the Sanctuary remain committed to maintaining the pristine natural
habitat surrounding our homes.
Surely, the City of Palm Beach Gardens required a provision in the original site plans
allowing for lake access. We adamantly oppose further exploitation of the preserve and
ask that the requirement of the original plans be enforced and fulfilled.
Thank you for your consideration of our thoughts and opinion as your access the merit of
the proposed amendment.
Sincerely,
<
&ZONING r _-
1- I
~ CKYOFPBQ ,: DEC 1 8 2003 PLANNING-
i- I
DMSION ,
Date Prepared: August 16, 2004
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ORDINANCE 35,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 22, 1993
RELATINGTOTHESANCTUARYPLANNEDUNITDEVELOPMENT
(PUD) TO TRANSFER THE MASTER PLAN APPROVAL AND
RELATED CONDITIONS TO A SEPARATE RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 4, 1993, the City Council adopted Ordinance 22,
1993, rezoning and approving the master site plan for a Planned Unit Development
(PUD), including 184 single-family detached and zero lot-line residential units on an
approximately 82-acre site, generally bounded by Hood Road to the south, and
Frenchman’s Creek Planned Community District to the west and north; and
WHEREAS, on August 18, 1994, the City Council adopted Resolution 11 1, 1994
and Resolution 11 2, 1994, thereby approving “The Sanctuary” PUD Plat No. 1 and Plat
No. 2; and
WHEREAS, Ordinance 22, 1993 provided that certain modifications to the PUD
could be made by Resolution of the City Council; and
WHEREAS, the City Council subsequently approved Resolution 66, 1996
amending Ordinance 22, 1993 that required the applicant to replat a portion of “The
Sanctuary” PUD Plat No. 2 in order to change Tract 0-6 from open space status to
preserve status; and
WHEREAS, on July 18, 1996, the City Council adopted Resolution 106, 1996,
thereby approving the Replat of Tract “0-6” to Tract “U-3”; and
WHEREAS, the City has received a petition (PUD-03-02) from Sherry L. Hyman,
Esq., on behalf of the Sanctuary Palm Beach Gardens Homeowners Association for
approval of a master plan amendment; and
WHEREAS, the Growth Management Department has reviewed and determined
that said petition is sufficient; and
WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board held a
public hearing on said petition; and
WHEREAS, at that meeting, a motion to recommend denial was made, which
motion failed by a vote of 3-3; and
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Date Prepared: August 16, 2004
Ordinance 35,2004
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest 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 provisions of Section 1 of Ordinance 22, 1993 are ratified and
confirmed for the property, as more particularly described below:
LEGAL DESCRIPTION
THE SANCTUARY PLAT NO. 1
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN
PLAT BOOK 73, PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY.
THE SANCTUARY PLAT NO. 2
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN
PLAT BOOK 73, PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY.
CONTAINING 82 ACRES, MORE OR LESS.
SECTION 2. Sections 2 - 11, inclusive, of Ordinance 22, 1993 are hereby
transferred to Resolution 176, 2004. The remaining Sections 12 - 14, inclusive, of
Ordinance 22, 1993 shall be renumbered accordingly. Any future amendments to the
PUD and conditions of approval shall be accomplished by Resolution of the City
Council.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: August 16,2004
Ordinance 35, 2004
PASSED this day of , 2004, upon first reading.
PASSED AND ADOPTED this day of ,2004, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Eric Jablin, Mayor
AGAINST ABSENT
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
J d
G:\attorney-share\ORDlNANCES\zoning amendment to the sanctuary - ord 35 2004.doc
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Resolution 176, 2004
Date Prepared: August 16, 2004
RESOLUTION 176,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
SANCTUARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON
THE NORTH SIDE OF HOOD ROAD APPROXIMATELY 1,500 FEET
WEST OF PROSPERITY FARMS ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 4,1993, the City Council approved Ordinance 22,1993,
thereby approving 184 single-family detached and zero lot-line units on 82 acres; and
WHEREAS, the City has received a request (PUD-03-02) by Sherry Hyman, Esq.,
agent for The Sanctuary PBG Homeowners Association, for approval of an amendment to
the Sanctuary PUD to allow for a fifteen-foot wide lake access tract through Tract “U-3” of
the Sanctuary PUD Plat No. 2, and to eliminate four fifteen-foot wide drainage tracts; and
WHEREAS, these amendments relate to the PUD approval and do not affect the
zoning of the property; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board held a
public hearing on said petition; and
WHEREAS, at that meeting, a motion to recommend denial was made, which
motion failed by a vote of 3-3; and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Petitioner and other interested parties and the recommendations of the various City
of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Resolution 176, 2004
Date Prepared: August 16, 2004
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SECTION 2. The Planned Unit Development amendment for The Sanctuary
Planned Unit Development is hereby APPROVED on the following described real property
to allow for one fifteen-foot wide lake access tract through Tract “U-3” of the Sanctuary
PUD Plat No. 2, and to eliminate four fifteen-foot wide drainage tracts, as more particularly
described herein, subject to the conditions of approval contained herein, which are in
addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION
THE SANCTUARY PLAT NO. 1
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73,
PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY.
THE SANCTUARY PLAT NO. 2
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73,
PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY.
CONTAINING 82 ACRES, MORE OR LESS.
SECTION 3. Said Planned Unit Development amendment is approved subject to
the following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
1. Petitioner shall pay to the City of Palm Beach Gardens, Florida a recreational
impact fee of One Hundred Fifty Thousand Dollars ($1 50,000.00) as follows:
one-half (112) of the recreational impact fee or the sum of Seventy-Five
Thousand Dollars ($75,000.00) shall be paid to the City prior to the issuance
of the first building permit; the balance of the recreational impact fee or the
sum of Seventy-Five Thousand Dollars ($75,000.00) shall be paid to the City
prior to the issuance of the ninety-third (93rd) building permit. All impact fees in
place at the time of the first building permit shall be paid at that time.
2. A northbound left-turn lane onto Flamingo Road from Prosperity Farms Road
shall be constructed prior to the issuance of the first Certificate of Occupancy.
3. The construction of the Flamingo Road extension as shown on the approved
Master Development Plans shall be constructed, landscaped, irrigated, and
open to the public prior to the issuance of first Certificate of Occupancy.
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Resolution 176, 2004
Date Prepared: August 16,2004
The trunks of all new laurel oaks shall be positioned at least twelve (12) feet
from any Seacoast Utility Authority water and wastewater lines.
Prior to clearing or construction, trees designated for preservation shall be
tagged. Prior to land clearing, the developer shall erect and maintain
protective barriers around the drip line of the trees to be protected. All work
shall be inspected and approved by the Landscape Architect of Record and
City Forester prior to the issuance of any Building Department permit requiring
land clearing. Section 153.50 (Tree Protection) Paragraphs B, C, and D shall
also be enforced during construction.
All tree protection/relocation and landscape work shall be performed using
current professional landscaping standards. The Landscape Architect of
Record shall monitor all tree protection efforts, all tree relocation work, all
landscaping work, and any work that affects the outcome of the approved
landscaping plans. The Landscape Architect of Record shall notify the City
prior to any modifications to the approved Landscape Plan.
All trees designated for preservation that die during construction or because of
construction practices shall be replaced using the following schedule: for every
inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced
with like specie. The minimum replacement tree shall be three (3) inches in
diameter. Palms shall be replaced with like specie, one-for-one with minimum
ten (1 0) feet height. If the site cannot support the total number of replacement
trees as required above, City Council may permit the developer to donate
excess trees to the City for planting on public lands.
Prior to the issuance of the Certificate of Occupancy, the Landscape Architect
of Record shall certify in writing to the City that the landscaping has been
completed per the approved Landscape Plans. Any changes to the approved
Landscape Plans shall be approved by the Planning, Zoning and Appeals
Board or City Council. Once the City has the certified letter from the
Landscape Architect, the City Forester shall inspect the site for compliance.
Once compliance has been confirmed by the City Forester, the City Building
Department shall be notified.
Street trees and sidewalks and all associated lot landscaping and any common
area landscaping adjacent to said lot shall be installed prior to the Certificate of
Occupancy of said lot. Prior to final sign-off, the Landscape Architect of
Record shall inspect and certify that all required landscaping is in compliance
with the approved Landscape Plans. The City Forester shall approve (sign off)
on these areas as they are completed.
Per Section 153.20 of the City’s Landscape Code, all new landscaping,
including along Flamingo Road, shall be one hundred percent (100%) irrigated.
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Resolution 176, 2004
Date Prepared: August 16, 2004
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The five (5) foot concrete sidewalk within the development shall be constructed
prior to the issuance of the Certificate of Occupancy of the adjacent lot. The
construction of the entire sidewalk system shall be completed prior to the
issuance of the final Certificate of Occupancy.
The applicant shall flag and survey wetland areas to be impacted by review by
regulatory agencies and the Department at the time of environmental permit
application .
The applicant shall file environmental permit applications with USACOE, PBC,
DERM, DEP, and SFWMD and provide findings to the Department for
reference and review prior to approval of construction drawings or
commencement of land alteration, whichever occurs first.
The applicant shall use extreme caution when filling in and around trees and
preservation areas to ensure the protection of the root zone and canopy drip
lines area. No changes in pH and topographyldrainage may result in
disturbance or destruction of the preserve area. Protection of trees, preserve,
and buffer areas shall be monitored by applicant’s landscape architect and/or
environmental consultant during land alternationlconstruction activities.
The proposed project shall be micro-sited to ensure the protection of trees,
listed plant and animal species, ensure that the highest quality wetlands and
uplands are preserved intact, and ensure that an adequate buffer is
maintained around all preserved wetlands. Certification shall be required from
the applicant’s landscape architect andlor environmental consultant stating the
highest quality trees, preserve and buffer areas and all listed plant and animal
species have been maintained on site within a functional ecosystem. This
certification shall be submitted prior to commencement of land
al te rnationlconstru ction .
There shall be a maximum building height restriction of thirty-two (32) feet for
Lots 58 through 84, inclusive.
An eight (8) foot wide concrete pathway shall be constructed along the north
right-of-way line from Prosperity Farms Road to the most westerly end of
Flamingo Road.
All condominium documents, homeowner documents, and restrictions shall be
furnished by the petitioner to the City Attorney for review and approval prior to
such documents being recorded in the Public Records of Palm Beach County,
Florida.
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Resolution 176, 2004
Date Prepared: August 16, 2004
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Prior to the recording of the plat, the petitioner shall provide the City with a
performance bond, letter of credit, or escrow agreement in a form approved by
the City in a sum of money prescribed by the City and shall be posted with the
City of Palm Beach Gardens to assure the completion of the infrastructure,
including on-site roadways, drainage, and utility improvements required for the
Planned Unit Development and common and project landscaping/buffer and
entry feature. From time to time, as improvements are completed and
approved by the City, the amount of the performance bond, letter of credit, or
escrow agreement shall be reduced by a proportionate amount. Upon
completion of all on-site roadway, drainage, and utility improvements required
for the Planned Unit Development, the City shall release said performance
bond, letter of credit, or escrow agreement. The infrastructure shall be
completed within four (4) years from the effective date of this Ordinance. The
Petitioner, for good cause shown, may obtain an extension of two (2)
additional years to complete the infrastructure shown by approval by
subsequent Resolution without necessity of advertisement or public hearing.
The development of the Planned Unit Development shall be commenced
within three (3) years from the effective date hereof; provided, however,
petitioner may obtain an extension of one (1 ) additional year to commence the
first phase for good cause shown by approval by subsequent Resolution
without necessity of advertisement or public hearing. If petitioner fails to
commence development as required, the Planned Unit Development shall
remain until such time as the petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion of the
City Council.
Modifications to the Planned Unit Development that are determined to be
minor by the City Council may be approved by subsequent Resolutions without
the necessity of review by the Planning, Zoning and Appeals Board,
advertisement, or public hearing.
All references to petitioner and/or developer, together with all requirements of
this Ordinance, shall apply to and be binding upon the successors and
assigns.
No Building Permit for the Planned Unit Development shall be issued until the
drainage and paving plans shall be approved by the City Engineer and all other
building requirements of the City of Palm Beach Gardens Code and
requirements of other governmental agencies, if necessary, shall be met.
Petitioner, prior to the issuance of the first Building Permit within the Planned
Unit Development, shall deliver to the City a Unity of Control or Unity of Title in
requisite form to be approved by the City Attorney, requiring the lands
I' to be developed described in Plats 1 and 2 of the Sanctuarv PUD
in accordance with this Resolution fJ&bawe.
* * I1
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Resolution 176, 2004
Date Prepared: August 16, 2004
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3 Palm Beach Countv. (Citv Forester & Planninq & Zoninq)
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25. The lake access pathway shall not be constructed until the replat for Tract “U-
3’’ has been approved bv the Citv Council and recorded in the public records of
SECTION 4. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
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Site plan dated July 7, 1993, prepared by Land Design South, consisting of
one sheet marked Sheet 1 of 4.
Typical Entry Plan & Section Buffer & Lighting, dated July 6,1993, prepared by
Land Design South, consisting of one (1) sheet marked Sheet 2 of 4.
Typical Residential Unit, One Story, Landscape Plans, dated August 16,1993,
prepared by Land Design South, consisting of one (1) sheet marked Sheet 3 of
4.
Typical Residential Unit, Two Story, Landscape Plans, dated August 9, 1993,
prepared by Land Design South, consisting of one (1) sheet marked Sheet 4 of
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Elevation Plans, dated May 20,1993, and August 16,1993, prepared by Puke
Home Corporation, consisting of eighteen (1 8) sheets.
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6.
SECTION 5. All future amendments to The Sanctuary Planned Unit Development
Site Plan, stamp dated August 6, 2004, showing 15’ access tract.
shall be approved by resolution.
applicant or applicant’s agents at any workshop or public hearing.
SECTION 6. This approval shall be consistent with all representations made by the
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank.)
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Resolution 176,2004
Date Prepared: August 16, 2004
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PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABL N
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBERLEVY
AYE NAY ABSENT
\\Pbgsfile\Attorneybttorney-share\RESOLUTlONS\sanctuary - reso 176 2004.doc
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November 1, 1993
October 27, 1993
October 15, 1993
ORDINANCE 22, 1993
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "THE SANCTUARY"
CONSISTING OF 184 SINGLE-FAMILY DETACHED AND
ZERO LOT-LINE RESIDENTIAL HOMES ON CERTAIN
LANDS LOCATED WITHIN THE CITY OF PALM BEACH
GARDENS AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND MADE PART
HEREOF; SAID LANDS DESCRIBED THEREIN SHALL BE
DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND
OTHER PLANS AS SET FORTH IN THIS ORDINANCE;
PROVIDING PAYMENT OF A RECREATIONAL IMPACT FEE
TO THE CITY; PROVIDING ADDITIONAL
SPECIFICATIONS, REQUIREMENTS AND CONDITIONS TO
BE COMPLIED WITH BY PETITIONER; PROVIDING FOR
REVIEW AND APPROVAL OF CONDOMINIUM OR
HOMEOWNERS' DOCUMENTS BY THE CITY ATTORNEY;
SETTING FORTH REQUIREMENTS TO BE MET BY THE
PETITIONER INCLUDING POSTING OF A PERFORMANCE
BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR
COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT
DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
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, does hereby create a Planned Unit Development
known as "THE SANCTUARY" consisting of 184 single-family detached
and zero lot-line residential homes upon the lands described in
Exhibit "A" attached hereto and made a part hereof.
Section 2. Development under this Planned Unit Development
shall be in accordance with and subject to the Site Plan and other
plans as follows:
1. Site plan dated July 7, 1993, prepared by Land Design
South, consisting of one sheet marked Sheet 1 of 4.
Typical Entry Plan L Section Buffer & Lighting, dated
July 6, 1993, prepared by Land Design South, consisting of one (1)
sheet marked Sheet 2 of 4.
Typical Residential Unit, One Story, Landscape Plans,
dated August 16, 1993, prepared by Land Design South, consisting Of
one (1) sheet marked Sheet 3 of 4.
Typical Residential Unit, Two Story, Landscape Plans,
dated August 9, 1993, prepared by Land Design South, consisting of
one (1) sheet marked Sheet 4 of 4.
5. Elevation Plans, dated May 20, 1993, and August 16,
1993, prepared by Pulte Home Corporation, consisting of eighteen
(18) sheets.
2.
3.
4.
Section 3. Petitioner shall pay to the City of Palm Beach
Gardens, Florida, a recreational impact fee of ONE HUNDRED FIFTY
THOUSAND ($150,000.00) U.S. DOLLARS as follows: ONE-HALF (1/2) of
the recreational impact fee or the sum of SEVENTY-FIVE THOUSAND
($75,000.00) U.S. DOLLARS shall be paid to the City prior to
issuance of the first building permit; the balance of recreational
impact fee or the sum of SEVENTY-FIVE THOUSAND ($75,000.00) U.S.
DOLLARS shall be paid to the City prior to the issuance of the
ninety-third (93rd) building permit. All impact fees in place at
the time of the first building permit shall be paid at that time.
Section 4. Petitioner shall be subject to and shall comply
with the following additional specifications, requirements and
conditions:
1. A northbound left-turn land onto Flamingo Road from
Prosperity Farms Road shall be constructed prior to issuance of the
first Certificate of Occupancy.
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2. The construction of the Flamingo Road extension as
shown on the approved Master Development Plans shall be
constructed, landscaped, irrigated and open to the public prior to
the issuance of first Certificate of Occupancy.
3. The trunks of all new laurel oaks shall be positioned
at least twelve (12) feet from any Seacoast Utility Authority water
and wastewater lines.
4. Prior to clearing or construction, trees designated
for preservation shall be tagged. Prior to land clearing, the developer shall erect and maintain protective barriers around the
drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and
City Forester prior to the issuance of any Building Department
permit requiring land clearing. Section 153.50 (Tree Protection)
Paragraphs B, C and D shall also be enforced during construction.
5. All tree protection/relocation and landscape work
shall be performed using current professional landscaping
standards. The Landscape Architect of Record shall monitor all
tree protection efforts, all tree relocation work, all landscaping
work and any work that affects the outcome of the approved
landscaping plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved Landscape Plan.
6. All trees designated for preservation that die during
construction or because of construction practices shall be replaced
using the following schedule: For every inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced with like
specie. The minimum replacement tree shall be three (3) inches in
diameter. Palms shall be replaced with like specie one for one
with minimum ten (10) feet height. If the site cannot support the
total number of replacement trees as required above, City Council
may permit the developer to donate excess trees to the City for
planting on public lands.
Prior to the issuance of the Certificate of Occupancy the Landscape Architect of Record shall certify in writing to the
City that the landscaping has been completed per the approved
Landscape Plans. Any changes to the approved Landscape Plans shall
be approved by the Planning and Zoning Commission or City Council. Once the City has the certified letter from the Landscape
Architect, the City Forester shall inspect the site for compliance.
Once compliance has been confirmed by the City Forester, the City Building Department shall be notified.
7.
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8. Street trees and sidewalks and all associated lot
landscaping and any common area landscaping adjacent to said lot
shall be installed prior to the Certificate of Occupancy of said
lot. Prior to final sign-off, the Landscape Architect of Record
shall inspect and certify that all required landscaping is in
compliance with the approved Landscape Plans. The City forester
shall approve (sign-off) on these areas as they are completed.
9. Per Section 153.20 of the City's Landscape Code, all new
landscaping, including along Flamingo Road, shall be one hundred
(1002) per cent irrigated.
10. The five (5) foot concrete sidewalk within the
development shall be constructed prior to the issuance of the
Certificate of Occupancy of the adjacent lot. The construction of
the entire sidewalk system shall be completed prior to the issuance of the final Certificate of Occupancy.
11. The applicant shall flag and survey wetland areas to be
impacted by review by regulatory agencies and the Department at the
time of environmental permit application.
12. The applicant shall file environmental permit
applications with USACOE, PBC, DEW, DEP and SFWMD and provide
findings to the Department for reference and review prior to
approval of construction drawings or commencement of land
alteration, whichever occurs first.
13. The applicant shall use extreme caution when filling in
and around trees and preservation areas to ensure the protection of
the root zone and canopy drip lines area. No changes in pH and
topography/drainage may result in disturbance or destruction of the preserve area. Protection of trees, preserve and buffer areas
shall be monitored by applicant's landscape architect and/or
environmental consultant during land alternation/construction activities.
\
14. The proposed project shall be micro-sited to ensure the
protection of trees, listed plant and animal species, ensure that
the highest quality wetlands and uplands are preserved intact and
ensure that an adequate buffer is maintained around all preserved
wetlands. Certification shall be required from the applicant's
landscape architect and/or environmental consultant stating the
highest quality trees, preserve and buffer areas and all listed
plant and animal species have been maintained on-site within a
functional ecosystem. This certification shall be submitted prior
to commencement of land alternation/construction.
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15. There shall be a maximum building height restriction of thirty-two
(32) feet for Lots 58 through 84, inclusive.
16. An eight (8) foot wide concrete pathway shall be constructed along
the north right-of-way line from Prosperity Farms Road to the most westerly end
of Flamingo Road.
Section 5. All condominium documents, homeowner documents and restrictions
shall be furnished by the Petitioner to the City Attorney for review and approval
prior to such documents being recorded in the Public Records of Palm Beach County,
Florida.
Section 6. Prior to the recording of the plat, the petitioner shall provide
the City with a performance bond, letter of credit or escrow agreement in a form
approved by the City in a sum of money prescribed by the City and shall be posted
with the City of Palm Beach Gardens to assure the completion of the infrastructure
including on-site roadways, drainage and utility improvements required for the
Planned Unit Development and common and project landscaping/buffer and entry
feature. From time to time as improvements are completed and approved by the
City, the amount of the performance bond, letter of credit or escrow agreement
shall be reduced by a proportionate amount. Upon completion of all on-site
roadway, drainage and utility improvements required for the Planned Unit
Development, the City shall release said performance bond, letter of credit or
escrow agreement. The infrastructure shall be completed within four (4) years
from effective date of this Ordinance. The Petitioner, for good cause shown, may
obtain an extension of two (2) additional years to complete the infrastructure
shown by approval by subsequent resolution without necessity of advertisement or
public hearing.
Section 7. The development of the Planned Unit Development
shall be commenced within three (3) years from the effective date
-5-
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hereof; provided, however, Petitioner may obtain an extension of
one (1) additional year to commence the first phase for good cause
shown by approval by subsequent Resolution without necessity of
advertisement or public hearing. If Petitioner fails to commence
development as required, the Planned Unit Development shall remain
until such time as the Petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion
of the City council.
Section 8. Modifications to the Planned Unit Development that
are determined to be minor by the City Council may be approved by
subsequent Resolutions without the necessity of review by the
Planning and Zoning commission, advertisement or public hearing.
Section 9. All references to Petitioner and/or Developer,
together with all requirements of this Ordinance shall apply to and
be binding upon the auccessors and assigns.
Section 10. No Building Permit for the Planned Unit
Development shall be issued until the drainage and paving plans
shall be approved by the City Engineer and all other building
requirements of the City of Palm Beach Gardens Code and
requirements of other governmental agencies, if necessary, shall be
met.
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Section 11 . Petitioner, prior to the issuance of the first
Building Permit within the Planned Unit Development, shall deliver
to the City a Unity of Control or Unity of Title in requisite form
to be approved by the City Attorney, requiring the lands described
in Exhibit "A" to be developed in accordance with this Ordinance.
Section 12. If any part or portion of this Ordinance is found
to be void or defective, the remainder of the Ordinance shall
continue in full force and effect.
Section 13. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 14. This Ordinance shall take effect immediately upon
passage.
INTRODUCED ON FIRST READING THIS zhf- DAY OF OCTOBER, 1993
PLACED ON SECOND READING THIS
PASSED AND ADOPTED,.,THIS THE Lph DAY OF /!bh+hb , 1993. ',' ,/ 4
VICE MAYOR MONROE
COUNCILMAN CLARK
ATTEST: A
&n2& X/&&# HNDX v. KOSIER, CITY CLER~
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VOTE :
Y , MAYOR RUSSO -
VICE MAYOR MONROE -
COUNCILMAN JABLIN -
COUNCILWOMAN FURTADO - COUNCILMAN CLARK - I
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- NAY
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ABSENT
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EXHIBIT "A"
L' ORDINANCE 22, 1993 -
EXACT <GAL DESCRIPTION OF THE SUWECZ PROP-
(Attacn lr insurficient space)
/
West half of Southwest Quarter of Section 29,
Township 41 South, Range 43 East, Palm Beach
County, Florida, SUBJECT to a road right-of-
way over the South 40 feet thereof.
LOCATION
The subject property is located approximately + West
mile(s) from the intersection of Properitv Farms Road and FlaminRO Road , on the (north, east, south, west) side &r p rooosed Hood Road street.
Property Control No.(s) of the subject parcel(s)
i 52-43-41-29-00-000-7020
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December 20, 1993
Tim Hernandez
Vice President
Pulte Home Corporation
Suite 200
1350 E. Newport Center Drive
Deerfield Beach, FL 33442
Dear Mr. Hernandez:
Enclosed please find a copy of Ordinance 22, 1993, approving The Sanctuary PUD.
Ordinance 22, 1993 was approved by the City Council at their Regular Meeting of
November 4. 1993.
Sincerely,
&A- $
Exa M. Rief
Deputy City Clerk
Enclosure: As Stated
c i
RESOLUTION 111, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
PLAT OF THE SANCTUARY, PLAT NO. 1, AS APPROVED
BY ORDINANCE 22, 1993, CONSISTING OF FIVE SHEETS
PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING
AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. On behalf of the City of Palm Beach Gardens,
Florida, the Mayor and City Clerk are hereby directed to
execute the mylar of the Plat of “THE SANCTUARY“ PUD, Plat No. 1,
as approved by Ordinance 22, 1993. Said Plat consists of five (5)
sheets and prepared by Benchmark Land Surveying and Mapping dated
August, 1994.
Section 2. This Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS THE ‘. DAY OF /,I.,/!, 1994.
MAYOR DAVID W. CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
!
; 4ccc
“’* ( /(I. , ‘ut (‘.’ // / BY: -.
-“>si. CITY ATTORNEY
i
CITY OF PALM BEACH GARDENS
10600 N. MILITARY TRAIL PAul BE&CH - MRlDA -1-
EachcdplcaScfindacopgotRcsdrrMlP . 111,19w,*u*thc PZMofthe sanctpnty, -No.
1 asappdved by Ordbncc 22 1993, anddbctingtbe Mayor ad City Clcxk to execute the Myiar
of said Plat; and Rcrdmion 212,1994, approviug the Plait ofthe saactparg, Plat No. 2, and
directing thc Mdyor and City Clerk to atcute thc Mylar of said Plat.
Sincerely,
I'& 44Ly
Cindy Harvey
Acting Deputy City CIerk
Enciosurc - As stated
*.
RESOLUTION 112, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
PLAT OF THE SANCTUARY, PLAT NO. 2, AS APPROVED
BY ORDINANCE 22, 1993, CONSISTING OF FOUR SHEETS
PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING
AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby authorized
on behalf of the City of Palm Beach Gardens, Florida, to
execute the mylar of the Plat of "THE SANCTUARY" PUD, Plat No. 2,
as approved by Ordinance 22, 1993. Said Plat consists of four (4)
sheets and prepared by Benchmark Land Surveying and Mapping dated
AUCJUSt, 1994.
Section 2. This Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS THE . .' DAY OF Ic(;;,LJ; 1994.
f i . '
-'. ! L 1 a,! , ',rJ -, L!.c .- L
MAYOR DAVID W. CLARK
ATTEST :
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
BY: L '! a ! I !i, I /c . he{. L.,
;I>>+ CITY ATTORNEY
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GAR- MRaM XWQ-
w. Tim Hcmandcz
1350 E. Newport Center Drive, Suite 200
Deerfield Beach, Florida 33442
Puite Home Corporation
Dear Mr. Hcrnaadcz::
Encld plcase fbda copy 0fRWdutian lll,lW, approving the Plat of the sancluary, Plat No.
1 as approved by (hdinancc 25 1993, and dkecting the Mayor and City Clerk to execute the Mylar
of said Plat; and Resolution 112, 1994, approving the Plat of the Sanctuary, Plat No. 2, and
directing the Mayor and City Clerk to execute the Mylar of said Plat.
Resolution 111,1994 and Resolution 112,1994 were approved by the City Council at thcir Regular
Meeting of August 18,1994.
Sincerely,
f+ 4420 y
Cindy Harvey
Acting Deputy City Clerk
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April 11,1996
WOLUTION 66,1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
SANCTUARY PLANNED UNIT DEVELOPMENT, APPROVED
ON NOVEMBER 4, 1993 BY ORDINANCE 22, 1993,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the petitioner has requested an amendment to the Sanctuary Planned Unit
Development, by adding a utility easement and a landscape tract to the northwest comer, adding an
easement to access the northern wetland drainage structure, and requesting approval for a
mitigation/restoration plan for areas within upland and wetland preserves along the western and
northern sections of tbe project; and
WHEREAS, the amendment is consistent with the City's Comprehensive Plan; and
WHEREAS, the amendment is consistent with the City's Land Development Regulations.
NOW, THEREWIRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF
PALM BEACH GARDFSJS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to the Sanctuary Planned Unit Development, by adding a utility easement and
landscape tract to the northwest comer, adding an easement to access the northern wetland drainage
@ucture, and a mitigatiodrestoration plan for areas within upland and wetland preserves along the
western and northem sections of the project.
Section 2. Said amendments shall be in accordance with the plans on file in the City's
Planning and Zoning Department as follows:
1.
2.
4.
5.
6.
7.
I 3.
a.
April 10, 1996, The Sanctuary Site Plan by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Existing Conditions by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Detail Plan by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Overall Construction Plan by Land Design South. 1
Sheet.
April 10,1996, 'zhe Sanctuary Habitat Cross Sections by Land Design South. 1 Sheet.
December 19,1995, The Sanctuary Typical 100 Foot Elevation.
January 23,1996, Survey of a Landscape Berm Encroachment Sanctuary Plat 2 by
Bench Mark. 1 Sheet.
January 20,1996, The Sanctuary Paving and Drainage Plan by Schaefer and Fagan.
7 Sheets.
9.
10.
December 4,1995, Tbe Sanduary Preserve Area Contour Plan by Schaefer and Fagan.
3 sheets.
January 22,1996, The Sanctuary Buffer Mitigation Construction Time Schedule by
Land Dcsign South. 1 Sheet.
Section 3. The following conditions shall apply:
1. The replat of the Sanctuary No. 2 shall be approvcd by City Council prior to the
issuance of any Building Permit for Lots 148 through 152.
2. Tract 0-6 shall be replatted to change the tract from open space status to preserve
status. This replat shall be approved by City Council prior to the Certificate of
Occupancy of platted Lots 64 through 67.
3. When the mitigation/restoration work is finished, the petitioners Engineer and
Environmental Consultants shall certify in writing to the City that the site work and
landscapiag were installed per the approval. The last Cextificate of Occupancy shall
not be issued until this condition has been met.
4. The landscaping shall be WarrantWguaranteed for one year by thc petitioner from
the date the city accepts Certification.
5. The applicant shall provide a copy of the executed drainage easements required
between Lot 163 and 164 and between 159 and 160 prior to the Certificate of
Occupancy of the lothouse on which the easement is within.
Section 3. This Kesolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS
ATITST:
LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY
*Y VOTE.
MAYOR RUSSO
VICE MAYOR EURTADO J
COUNCILWOMAN MONROE b,
--- -- -- ~ --- COUNCILMAN JABLlN Y
COUNCILMAN CLARK Y --
b
CITY OF PALM BEACH GARDENS
lo500 N. MIWARY TRAIL PIlM BEACH GARDENS. -IDA 3341s-
April 19,1996
Mr. Robert Bentz
Laad Design South
1280 Nonhlake Boulevard
Palm Beach Gardems, Florida 33409
Dear Mr. Bentz:
Enclosed is a copy of Resolution 66,1996, amending the Sanctuary PUD, approved on November
4, 1993 by Ordinance 22,1993, proid4 for an &&ve date.
Resolution 66,1996 was approved at the City Council Regular meeting on April 18, 1996.
Sincerely,
Cindy e+* Harvey
Deputy City Clerk
Enclosure: As Stated
July 11, 1996
RESOLUTION 106, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
SANCTUARY REPLAT OF TRACT "0-6".
WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary
Replat of Tract "0-6".
WHEREAS, the City Engineer has determined that the proposed Replat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the Replat; and
WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of the Sanctuary Replat of Tract "0-6", consisting of two (2) sheets dated June 1996,
prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A".
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS
ATTEST: APPROVED AS TO LEGAL FORM
LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY
VOTE: NAX ABSENT
MAYOR RUSSO J VICE MAYOR FURTADO
COUNCILWOMAN MONROE J
COUNCILMAN JABLIN
COUNCILMAN CLARK
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CITY OF PALM BEACH GARDENS
lo500 N. MILITARY TRAIL PALM BEACH GARDENS, -IDA 3341-
July 22,1996
Mr. Timothy Hernandez
Pulte Home Corporation
1350 E. Newport Center Drive, Suite 200
Deerfield Beach, Florida 33442
Dear Mr. Hernande’i:
Enclosed is a copy of Resolution 105,1996, ai roving the Replat of Sanctuary Tracts “U-2”,
and Resolution 106,1996, approving the Replat of Sanctuary Tract “0-6“. Resolutions 105 and
106,1996 were approved at the City Council Regular meeting on July 18,1996.
Sincerely,
Cindy Harvey
Deputy City Clerk
Enclosure: As Stated
July 11, 1996
RESOLUTION 105, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
SANCTUARY REPLAT OF TRACTS "U-2".
WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary
Replat of Tracts "U-2".
WHEREAS, the City Engineer has determined that the proposed Replat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the Replat; and
WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of the Sanctuary Replat of Tracts "U-2", consisting of three (3) sheets dated June 1996,
prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A".
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS /&AY OF
JO
ATTEST: APP~~OVED AS TO LEGAL FORM
LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY
BY: &&&+ v U
VOTE: BYE NAY ABSENT J MAYOR RUSSO
J VICE MAYOR FURTADO
J COUNCILWOMAN MONROE
COUNCILMAN JABLIN r/ /- - COUNCILMAN CLARK
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 29,2004
Meeting Date: September 7,2004
Ordinance: 33,2004
SubjecVAgenda Item: Second Reading of Ordinance 33, 2004, amending the Fiscal Year
2003/2004 Budget.
[XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
City Atto ey .
Department Director
Originating Dept. :
Advertised: Second Rdng
Date: 8/24/04
Paper: The Palm Beach
Post
[ ] Not Required
Affected parties
[XI Notified
[ 3 Not required
costs: !$ -0-
(Total)
$
Current FY
Funding Source:
[ 3 Operating
[ ] Other
Budget Acct.#:
Council Action:
[ 3 Approved
[ ]Approved w/
conditions
[ ]Denied
[ 1 Continued to:
Attachments:
0 Ordinance 33,
0 Exhibit “1”
0 Exhibit “2”
2004
[ ]None
Date Prepared: July 29,2004
Meeting Date: September 7,2004
Ordinance: 33,2004
0 BACKGROUND:
This ordinance amends the FY 2003/2004 in the following areas:
GENERAL FUND
1. Budgeted revenues are amended to reflect the City’s most recent projected
actual amounts for fiscal 2004, as detailed in the attached Exhibit “1”.
Included in these totals are the following significant items:
0
0
0
0
0
Reimbursement of $1,253,893 from Tech Village Partners 11, LLC for
the City’s cost associated with the DRI Application.
Downtown at The Gardens Association donation of $808,000 for
enhancements to the City’s parks system.
$375,000 remediation settlement from the John D. and Catherine T.
Mac Arthur Foundation.
Record Other Financing Sources related to the Series 2003 Bond Issue.
Record projected positive variances in the following General Fund
Revenues - Building Permits $898,335, Electric Franchise Fees
$382,650, EMS Fees $248,237, and Ad Valorem Tax Revenues
$247,441.
2. Budgeted expenditures are also amended to reflect the City’s most recent
projected actual amounts for fiscal 2004, as detailed in the attached Exhibit
“1”. Some of the more significant items include:
0 Remediation expenditures of $250,000.
0
0
0
0
0
Adjusted insurance premiums of $80,000.
Cost of issuance and advanced refunding cost associated with the
Series 2003 Bonds.
Additional engineering services required for various city projects in
the amount of $80,000
$29,000 in additional expenditures required to hold the City’s special
election.
Start up cost of $25,000 to address the City’s off-site storage needs.
3. Building permit activity has surpassed the record pace experienced last fiscal
year. In order to maintain our level of service to our residents and the building
community, the Building Division has requested to accelerate the hiring of
one Permit Technician and one Plans Examiner with an anticipated cost of
$15,420, as detailed in the attached Exhibit “2”. In addition, $40,000 in
renovations to the building department to address both safety issues and the
general welfare of staff is also being requested.
PGA FLYOVER AND BURNS ROAD FUNDS
1. Record Other Financing Sources as well as the associated Uses of Funds paid
at the closing for the Series 2003 Bonds
GAS TAX FUND
1. FDOT reimbursement of $16,992 for maintenance of street lights located on
the State Highway System within the City’s corporate limits
0 MISCIOTHER: N/A
0 STAFF RECOMMENDATIONS:
o Staff recommends a motion to approve Ordinance 33, 2004 on second reading,
adopting budget revisions for fiscal year 2003/2004.
City of Palm Beach Gardens
Budget Amendment
WE 09/30/04
Exhibit "1"
General Fund
Expenditures (Uses)
Reserves-Undesigna ted
Reserves-Designated
Renova tions-Building Dept.
Salaries-Building Dept.
Remediation-Comm. Svc
Engineering-Comm Svc
Capital Outlay
Oertime-Building Dept.
Median Beautification 04-015
BRCRC
Materials and Supplies
Election Expense
City Clerk-Prof Services
Postage
Council-Seminars
Council-Travel
Council-Material & Supplies
Printing and Binding
Salaries and Wages
Salaries and Wages
Legal-Ou tside Services
Insurance
General Svc.-OS Storage
Admin-Training
Cost of Issuance
Advance Refunding
001.0900.519.9920
001.0900.519.9921
001.1440.524.1210
001.3000.539.3155
001.3000.539.3150
001.1230.522.6400
001.1440.524.1410
001.2080.519.6935
001.2080.519.6901
001.2080.529.5200
001.0230.512.5295
001.0230.512.3150
001.0900.519.4210
001.0100.511.3710
001.0100.511.4010
001.0100.511.5200
001.0200.512.4710
001.0200.51 2.1210
001.0210.51 2.1 21 0
001.0240.514.3160
001.0900.519.4500
001.0900.519.3455
001.0200.512.3810
001.0900.519.9900
001.0900.519.9901
001-3030.539.6939
Revenues (Sources)
Reimbursemen t-DRI 001.0000.369.0010
Contributions-Fire Dept. 001.0000.366.0000
Contributions 001.0000.366.2000
Misc. Revenue 001.0000.369.0000
Reimbursement of City Svc. 001.0000.369.0002
Transfer In 001.0000.381 .OOOO
Loan Proceeds 001.0000.383.1000
Telecommunications Tax 001.0000.311.2000
Sales Tax 001.0000.335.1800
Franchise Fees-Electric 001.0000.313.1 000
Ad Valorem Taxes 001.0000.311.2000
Building Permits 001.0000.322.0000
EMS Fees 001.0000.342.6000
Building Permits-Juno Beach 001.0000.341.9000
Increase (Decrease)
2,637,224.25
808,000.00
40,000.00
15,420.00
250,000.00
80,000.00
3,900.00
6,500.00
46,826.00
13,190.73
6,251 .OO
29,116.00
7,258.00
5,500.00
2,000.00
1,500.00
2,000.00
6,600.00
39,000.00
22,000.00
34,500.00
80,000.00
25,000.00
10,000.00
134,466.43
3,583,839.28
1,253,892.91
3,900.00
808,000.00
381,500.00
6,251 .OO
13,190.73
3,570,464.05
(117,470.00)
17 0,700.00
382,650.00
247,441 .OO
893,335.00
248,237.00
88,000.00
Page 1 of 2
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Exhibit "1"
Recreation Impact Fund
Increase (Decrease)
Expenditures (Uses)
Reserves 301.2000.572.9921
City Park 301.2000.572.6919
Transfer Out
Revenues (Sources)
Fund Balance Carryover 301.0000.389.0000
(29,190.73)
16,000.00
13,190.73
PGA Flyover Fund
Increase (Decrease)
Expenditures (Uses)
Cost of Issuance 308.0900.519.9900
Advance Refunding 308.0900.51 9.9901
Reserves 308.0900.519.9921
Revenues (Sources)
Loan Proceeds 308.0000.384.0000
52,503.55
3,757,543.69
(292,367.26)
3,517,679.98
Burns Road Fund
Increase (Decrease)
Expenditures (Uses)
Cost of Issuance 309.0900.51 9.9900
Advance Refunding 309.0900.51 9.9901
Reserves 309.0900.519.9921
Revenues (Sources)
Seacoast Reimbursement 309.0000.369.4010
Loan Proceeds 309.0000.384.0000
Gas Tax Fund
Expenditures (Uses)
Electricity 103.3000.539.4320
Revenues (Sources)
Miscellaneous Revenue 103.0000.369.0000
129,840.91
9,288,250.38
(702,648.38)
7 6,246.00
8,699,196.91
Increase (Decrease)
16,992.00
16,992.00
Page 2 of 2
Exhibit “2”
Building Division
Position Allocation Summary
FY FY Proposed FY % General
Fund 2002 2003 2004
Building Official
Chief Building Inspector
Deputy Building Official
Building Inspector I
Building Inspector II
Building Inspector 111
Plans Examiner
PlanslPemit Specialist
Permit Technician
Building Inspector - Single License
Building Inspector - Multi-License
100 1
100 1
100 0
100 0
100 0
100 0
100 0
100 1
100 1
100 2
I00 3
1
0
1
0
0
0
1
1
2
3
2
In P/ 2003 funding was provided for a Plans Examiner position, which is required by state law, and an
additional Permit Technician.
In FY 2004 all Single Licensed Building Inspectors were reclassified to Building Inspector I positions and all
Multi-Licensed inspectors to Building Inspector 111 positions. In addition, funding was provided for a Building
Inspector I and a Building Inspector It.
Fundina is beinq reauested to accelerate Plans Examiner and Permit Technician positions reauested in the
FY 2005 budaet to the third auarter of FY 2004. due to the extremelv heavv workload beina exmrienced
with the current level of develoDment activity.
Date Prepared: July 16, 2004
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ORDINANCE 33,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2003, AND ENDING SEPTEMBER 30,2004, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a
Budget for the 200312004 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 200312004 Budget; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest 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 recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1,2003, through September 30,2004,
inclusive.
SECTION 3. The City Council hereby amends the total personnel count for the
Building Department as listed in the attached Exhibit “2” and adopts such amendments as
to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2003,
through September 30, 2004, inclusive.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: July 16, 2004
Ordinance 33, 2004
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PASSED this /?=day of fj7,J6 wsr , 2004, upon first reading.
PASSED AND ADOPTED this day of , 2004, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
FOR AGAINST ABSENT
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\budget amendment - ORD 33 2004.doc
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 23,2004
Meeting Date: September 7,2004
Ordinance 34,2004
SubjecVAgenda Item: Compensation of Mayor and Council
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by: r
I Finance Director
I Submitted by: w
Department Director
Approv d by: w I City Madger
Originating Dept.:
Advertised:
- Date: 8/24/04
Paper: The Palm
Beach Post
[ ] Not Required
Affected parties
ptified
[ x ] Not required
costs: $1 12, 000
(Total)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
001 -01 00-51 1.1 21 0
Council Action:
[ ] Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ]None
Date Prepared: August 23,2004
Meeting Date: September 7,2004
Ordinance 34,2004
BACKGROUND: Ordinance 25,1991 established an annual salary and expenses for the
Mayor to be $1 0,800.00 and Councilmembers to be $9,600.00 payable in equal monthly
installments. At the City Council meeting of August 5, 2004, it was determined that it is
appropriate and necessary to increase the rate of compensation for the Mayor and
Cou ncilmem bers.
CITY COUNCIL ACTION: At its August 19, 2004, meeting, the City Council voted 4-0 to
approve the Ordinance 34, 2004 on First Reading. It is important to note that staff has
proposed the following change to proposed Ordinance 34, 2004 since First Reading
defining the length of the term of office after which Council Members become eligible for
continued participation the City’s insurance programs (new language has been shaded):
SECTION 1.
Council” is created to read:
A new Section 2-36 to be entitled “Compensation of Mayor and
Sec. 2-36. Compensation of Mayor and Council.
The Mayor shall be compensated at the rate of $24,000.00 per year, payable in equal
monthly installments of $2,000.00. Each Member of the City Council shall be
compensated at the rate of $22,000.00 per year payable in equal monthly installments
of $1,833.00. The compensation of the Mayor and Council Members shall be adjusted
to include a cost of living adjustment in the same amount and at the same time as
provided to general employees. The Mayor and Members of Council shall be entitled to
receive reimbursement in accordance with Florida Statutes and City Policies for
authorized travel and per diem expenses incurred in the performance of their official
duties. As additional compensation, the City shall provide for participation by the
Mayor, Members of the Council, and their immediate dependent family members in the
City’s medical, vision, dental, disability, and life insurance programs. After completion
of W at least on8 full, three-vear term of office, the Mayor, Members of the Council,
and their immediate dependent family members shall be eligible for continued
participation pursuant to the terms of those plans at their sole expense, at such rates
and under the same conditions applicable to dependents of general employees.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 34,2004 to be
effective October 1 , 2004, and shall apply to all members of the City Council serving after
that date.
The attached Ordinance provides:
Increase in salary.
Automatic COLA (Cost of Living Adjustment).
0 Ability to purchase insurance coverage.
I Salarv Survev I
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: DATE: July 8,2004
FROM:
SUBJECT: Council Compe
Attached for your review is a drqft Ordinance that will be addressed at the July 15,2004
City Council meethg under XI1 - Items for Council ActiodDiscussioa It is to consider
an increase in the rate of compensation for the Mayor and City Council Members.
Ordinance 25, 1991 established an annual salary and expenses for the Mayor to be
$10,800.00 and Councilmembers to be $9,600.00 payable in equal monthly installments.
I believe it is an appropriate time to consider an increase in the rate of compensation for
the Mayor and Councilmembers and also to provide an opportunity for continued
participation in the City’s insurance program. If agreed upon, the Ordinance would be
effective on October 1, 2004 and shall apply to all members of the City Council serving
after that date.
If you have any questions about this item please contact Ron Ferris or Chris Tatmu
Attachment
Second Reading: September 7,2004
Ordinance 34, 2004
Proposed Revision Subsequent to First Reading
(Proposed language is shaded)
SECTION 1. A new Section 2-36 to be entitled “Compensation of Mayor and
Council” is created to read:
Sec. 2-36. Compensation of Mayor and Council.
The Mayor shall be compensated at the rate of $24,000.00 per year,
payable in equal monthly installments of $2,000.00. Each Member of the City
Council shall be compensated at the rate of $22,000.00 per year payable in
equal monthly installments of $1,833.00. The compensation of the Mayor and
Council Members shall be adjusted to include a cost of living adjustment in the
same amount and at the same time as provided to general employees. The
Mayor and Members of Council shall be entitled to receive reimbursement in
accordance with Florida Statutes and City Policies for authorized travel and per
diem expenses incurred in the performance of their official duties. As additional
compensation, the City shall provide for participation by the Mayor, Members of
the Council, and their immediate dependent family members in the City’s
medical, vision, dental, disability, and life insurance programs. After completion
of #eif at least one krll. three-vear term of office, the Mayor, Members of the
Council, and their immediate dependent family members shall be eligible for
continued participation pursuant to the terms of those plans at their sole
expense, at such rates and under the same conditions applicable to dependents
of general employees.
***
Date Prepared: August 5,2004
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ORDINANCE 34,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO COMPENSATION OF
ORDINANCES TO BE ENTITLED “COMPENSATION OF MAYOR
AND COUNCIL”; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
COUNCILMEMBERS; CREATING A NEW SECTION 2-36, CODE OF
WHEREAS, Section 8-2 of the Charter of the City of Palm Beach Gardens
provides that salaries of the Mayor and Council Members shall be fixed by ordinance;
provided, however, that the council shall not raise the salaries of the City Council or the
Mayor during any fiscal year in which the ordinance raising salaries is adopted, but it
may raise or lower salaries of all members of future councils, to take effect during the
fiscal year following the adoption of an ordinance to that effect; and
WHEREAS, Ordinance 25, 1991 established an annual salary and expenses for
the Mayor to be $1 0,800.00, payable in equal monthly installments of $900.00; and
WHEREAS, Ordinance 25, 1991 established an annual salary and expenses for
Council Members to be $9,600.00, payable in equal monthly installments of $800.00;
and
WHEREAS, the City Council has determined that it is appropriate and necessary
to increase the rate of compensation for the Mayor and City Council Members.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. A new Section 2-36 to be entitled “Compensation of Mayor and
Council” is created to read:
Sec. 2-36. Compensation of Mayor and Council.
The Mayor shall be compensated at the rate of $24,000.00 per year, payable in
equal monthly installments of $2,000.00. Each Member of the City Council shall be
compensated at the rate of $22,000.00 per year payable in equal monthly installments
of $1,833.00. The compensation of the Mayor and Council Members shall be adjusted
to include a cost of living adjustment in the same amount and at the same time as
provided to general employees. The Mayor and Members of Council shall be entitled to
receive reimbursement in accordance with Florida Statutes and City Policies for
Date Prepared: August 5,2004
Ordinance 34, 2004
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authorized travel and per diem expenses incurred in the performance of their official
duties. As additional compensation, the City shall provide for participation by the
Mayor, Members of the Council, and their immediate dependent family members in the
City’s medical, vision, dental, disability, and life insurance programs. After completion
of their term of office, the Mayor, Members of the Council, and their immediate
dependent family members shall be eligible for continued participation pursuant to the
terms of those plans at their sole expense, at such rates and under the same conditions
applicable to dependents of general employees.
SECTION 2. Codification.
Codification of this Ordinance is hereby authorized and directed.
SECTION 3. Effective Date.
This Ordinance shall become effective on October 1, 2004, and shall apply to all
members of the City Council serving after that date.
(The remainder of this page left intentionally blank)
2
Date Prepared: August 5, 2004
Ordinance 34, 2004
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PASS E D t h is day of , 2004, upon first reading.
PASSED AND ADOPTED this day of ,2004, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
FOR AGAl N ST ABSENT
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney d
G:\attorney-share\ORDINANCES\COMPENSATION OF COUNCILMEMBERS - ord 34 2004.d~
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 9,2004
Meeting Date: September 7, 2004
Ordinance 37, 2004
SubjectlAgenda Item: Public Hearing for the first reading of Ordinance 37, 2004
adopting the fiscal year 200412005 budget
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
Submitted by:
Allan Owens
Fin c m istrator a
Department Director
Originating Dept.:
Fina e @
Advertised:
Date: August 2004,
TRIM Notices
Paper:
[ ] Not Required
Affected parties
[XI Notified
[ ] Not required
costs: !§
(Total)
!§
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ]None
Date Prepared: August 9, 2004
Meeting Date: September 7,2004
Ordinance 37,2004
0 BACKGROUND: This is the first of two required public hearings on the proposed
budget for fiscal year 2004/2005. The total of all funds for fiscal year 2004/2005 is
$80,738,150. Significant items in this proposed budget include:
Reduction in operating and debt millage from 6.04 to 6.026
Funding of $1.25 million in capital from fund balance to maintain at 13.7%
level
Provides for balanced operating expenses with current revenues
Funding for a full year’s operation of the Youth Enrichment program
Increases in salaries per union contracts
Merit increases for all general employees
Increases in health, workers comp, liability, and property insurance
Funding for debt service on the $5 million storm water bond issue
The City’s total assessed property valuation is $6.085 billion, up 15.96 percent from
the prior year. The proposed operating millage is 5.768, an increase from the
current rate of 5.745. The proposed debt millage rate is .258, a decrease from the
current rate of .295. Combined, the total proposed millage rate is 6.026, a .I7
percent decrease over the current total rate of 6.04. The proposed rate represents
a 9.18 percent increase over this year’s roll back rate of 5.2829.
Information was provided to all residents via a direct mail piece, newsletters, and
the City’s website. The second and final public hearing on the budget is scheduled
for September 21, 2004.
STAFF RECOMMENDATIONS:
o Staff recommends a motion to adopt a tentative millage rate of 6.026 mills for
fiscal year 2004/2005.
o Staff recommends an announcement be made declaring that the proposed
millage rate exceeds the roll-back rate by 9.18%.
o Staff recommends a motion to approve Ordinance 37,2004 on first reading,
adopting a tentative budget for fiscal year 2004/2005 & setting the second
and final reading for September 21, 2004 at 7:OOpm in the Council
Chambers.
(Please note: The proposed FY 2004/2005 budget has been distributed to Mayor, Council,
and staff under separate cover.)
Date Prepared: July 20, 2004
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ORDINANCE 37,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING A BUDGET FOR THE CITY
OF PALM BEACH GARDENS FOR THE FISCALYEAR COMMENCING
OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at a duly advertised public hearing held on September 7,2004, the City
Council tentatively adopted a budget for Fiscal Year 2004/2005; and
WHEREAS, at a duly advertised public hearing held on September 21, 2004, the
City Council determined that the tentative budget, as finalized by the City Council, will meet
the needs and requirements of the City of Palm Beach Gardens and its residents for Fiscal
Year 2004/2005; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in
the best interest 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 recitals are hereby affirmed and ratified.
SECTION 2. The proposed budget, attached hereto as Exhibit “A” and incorporated
herein by this reference, is hereby approved and adopted by the City Council as and for the
budget of the City of Palm Beach Gardens for the fiscal year commencing October 1,2004,
and ending September 30, 2005.
(The remainder of this page left intentionally blank)
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SECTION 3. This Ordinance shall become effective immediately upon adoption.
Date Prepared: July 20, 2004
Ordinance 37. 2004
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PASSED this day of , 2004, upon first reading.
PASSED AND ADOPTED this day of ,2004, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
\\Pbgsfile\Attorney\attorney_share\ORDINANCES\Budget Adoption - 2004-05 - ord 37 2004.doc
2
CITY OF PALM BEACH GARDENS City Council Meeting
Agenda Cover Memorandum
Date Prepared: July 16,2004
Meeting Date: September 7,2004
Petition: Resolution 186,2004
Su bjectlAgenda Item:
Petition:
Public Hearing: Economic Development Comprehensive Plan Element, a City initiated
amendment requesting the transmittal of a new Economic Development Element.
Resolution 186,2004 Economic Development Element
[ X ] Recommendation to Approve
I 1 Recommendation to DENY
Reviewed by:
Tala1 Benothman, AI P
Christine Tatum E P & Z Director
City Attorney
Finance N/A
Growth Management
Administrator
Economic Development
Originating Dept.:
Economic Development &
Marketing
Administrator
Dolores A. Key
Development Compliance
u5L
N/A
Bahareh Wolfs, AlCP
Advertised:
Date: 8\12/04
Newspaper:
[ XX ] Required
8\12/04 Palm Beach Post
[ ] Not Required
Affected parties
losts: $ NIA
(Total)
$ N/A
Current Funds
Funding Source
[ ] Operating NIA
[ ]Other N/A
Budget Acct.#:
Local Planning Agency (LPA)
Action:
[ ]Approved
[ ]Approved w/
zonditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution
' Proposed Element . Data & Analysis . Palm Beach Post
Advertisement
[ ]None [ ]Notified
[ ] Not required
City Council Meeting 09/7/04
Date Prepared: July 16, 2004
Meeting Date: September 7,2004
Resolution 186, 2004
BACKGROUND
The City of Palm Beach Gardens was founded on March 20, 1959 by John D. MacArthur
who dreamed of turning approximately 4,000 acres of dairy land into a city where streets
were lined with trees and waterways were intertwined throughout the community - a
“garden city” that embraced environmental conservation and provided an exceptional
standard of living.
Since those early days, the City of Palm Beach Gardens has made strides to stay aligned
with that original vision and has safeguarded those desires through the Comprehensive
Plan. Green space is one of the core values of the community, as a whole, and has lured
people to Palm Beach Gardens because of the extraordinary quality of life.
Data suggests, however, that most residents must commute out of the City to find
employment. Palm Beach Gardens has evolved into an upscale bedroom community.
Economic trends are shifting away from bedroom communities; therefore, in order to
diversify and stabilize the economic base, the City of Palm Beach Gardens must attract
industries and employers.
Based on an analysis of economic conditions in the City of Palm Beach Gardens, the City
seeks to diversify the economy by encouraging growth in targeted cluster industries that
provide high wage employment and complement changing economic conditions. In
addition to developing a marketing strategy to recruit new employers, the City will continue
to review land development processes, identify areas appropriate for economic
development, encourage quality education, and maintain quality of life standards through a
balanced growth management strategy.
Date Prepared: July 16, 2004
Meeting Date: September 7,2004
Resolution 186, 2004
Florida State Statute 163.31 77 provides authority for local governments to include an
economic development element in the local Comprehensive Plan stating, “An economic
element setting forth principles and guidelines for the commercial and industrial
development, if any, and the employment and personnel utilization within the area. The
element may detail the type of commercial and industrial development sought, correlated
to the present and projected employment needs of the area and to other elements of the
plans, and may set forth methods by which a balanced and stable economic base will be
pursued.”
ASSESSMENT OF NEED
Data for Fiscal Year 2003 indicates that approximately 80% of tax revenues are generated
by the residential component. Additionally, the City does not assess many of the traditional
taxes that other municipalities use for generating revenue and paying for services such as
utility, solid waste, storm water, or firehescue. As the City approaches build-out, it would
be prudent to diversify the tax base and generate revenue streams from non-residential
sources.
1
Date Prepared: July 16, 2004
Meeting Date: September 7, 2004
Resolution 186, 2004
Further, understanding economic shifts away from bedroom communities necessitates the
diversification of the local economy. People no longer want excessive commutes to/from
work and would prefer to live, play, learn, and work in a community.
Based on an analysis of the occupational licenses issued by the City of Palm Beach
Gardens, over 97% of businesses located in Palm Beach Gardens are reliant on dollars
that already exist in the local economy (service and retail sectors). It is imperative to attract
value-added employment opportunities that match the skill sets of the citizenry and create
new sources of wealth.
Based on the skill sets of the citizenry (available work force) and demographic data
collected, the following industry sectors should be targeted for recruitment and expansion: . Medical & Pharmaceutical . Aerospace & Engineering . Information Technology . Research & Development
. Business & Financial Service
Education . Corporate Headquarters
Because governmental policies are a key component of successful economic
development, staff has prepared a proposed Economic Development Element to the City
Comprehensive Plan. Growth management policies (balancing the needs of business and
citizens), regulatory environment, approval processes, licensing, taxation, and
infrastructure (traditional & emerging technologies) all play a role in the recruitment and
expansion of value-added companies. The Economic Development Element is an optional
element under the state planning statute, Chapter 163, Part II, Florida Statutes. The
adoption of an Economic Development Element will signal the City’s commitment to
successful economic development and to the priority of City policy in support of economic
develop men t .
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed new comprehensive plan element is consistent with the Goals, Objectives
and Policies of the City’s adopted Comprehensive Plan. In particular, the proposed
Economic Development Element is consistent with and implements Policy 1 .I .6.7 of the
Future Land Use Element of the City’s Comprehensive Plan. That policy provides that the
City shall initiate proactive efforts to expand the economic base of the City, working within
the framework of existing economic agencies and groups, such as the North County
Mayors Economic Development Group, the Palm Beach County Business Development
Board and County Economic Development Department. Strategies shall include
considering the creation of a City Economic Development Advisory Board to create an
economic element of the comprehensive plan; improving communication and forging
alliances with major property owners in order to coordinate efforts in attracting new
businesses; accelerating the development approval process; encouraging redevelopment
of distressed properties; and maintaining points of contact with economic development
agencies.
2
Date Prepared: July 16, 2004
Meeting Date: September 7,2004
Resolution 186, 2004
NEARBY LOCAL GOVERNMENT COM MENTS~O B J ECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC)
has been provided the proposed amendment, and has raised no objections to date.
ECONOMIC DEVELOPMENT ADVISORY BOARD
The Economic Development Advisory Board developed the portions of the proposed
Element relating to the “fast track” approval process. The Board met to review and
comment on the proposed Element, in its entirety, at its meeting on July 15, 2004. The
Board, in a 6-0 vote in favor, recommended that the Economic Development Element be
transmitted and adopted.
STAFF RECOMMENDATION
The Economic Development Element was reviewed without comments by the Development
Review Committee on July 23, 2004.
The Economic Development Element was presented in a workshop to the Planning, Zoning
and Appeals Board on July 27,2004.
Staff recommends APPROVAL of Resolution 186,2004 for the transmittal of the proposed
Economic Development Element amendment to the City of Palm Beach Gardens’
Comprehensive Plan.
3
Date Prepared: July 16,2004
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RESOLUTION 186,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE TRANSMITTAL OF
A NEW ECONOMIC DEVELOPMENT ELEMENT OF THE CITY OF
PALM BEACH GARDENS COMPREHENSIVE PLAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Policy 1.1.6.7 of the Future Land Use Element of the City’s
Comprehensive Plan provides that the City shall initiate proactive efforts to expand the
economic base of the City, working within the framework of existing economic agencies
and groups, such as the North County Mayors Economic Development Group, the Palm
Beach County Business Development Board and County Economic Development
Department. Strategies shall include considering the creation of a City Economic
Development Advisory Board to create an economic element of the comprehensive
plan; improving communication and forging alliances with major property owners in
order to coordinate efforts in attracting new businesses; accelerating the development
approval process; encouraging redevelopment of distressed properties; and maintaining
points of contact with economic development agencies; and
WHEREAS, in furtherance of Policy 1.1.6.7, the City created the position of
Economic Development Administrator and created the Economic Development
Advisory Board; and
WHEREAS, based upon the input of the Economic Development Advisory
Board, the City is therefore proposing the adoption of an Economic Development
Element to provide the basis for the recruitment and expansion of value-added
employers thereby diversifying the economic base and providing employment options to
the citizens; and
WHEREAS, the Planning, Zoning and Appeals Board, as the designated Local
Planning Agency for the City of Palm Beach Gardens, conducted the required public
hearing after due notice on August 24,2004, and has made its recommendations to the
City Council; and
WHEREAS, after due notice and public hearing, the City Council of the City of
Palm Beach Gardens deems it in the best interest of the present and future residents of
the City that the proposed Comprehensive Plan Amendment be transmitted to the
appropriate public agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA that:
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Date Prepared: July 16, 2004
Resolution 186, 2004
SECTION 1. The City Manager is hereby directed to transmit the proposed
Comprehensive Plan Amendment and supporting data, analysis, and other relevant
material, which is attached hereto, to the Department of Community Affairs of the State
of Florida and other appropriate public agencies.
SECTION 2: This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl E NCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBERDELGADO
COUNCILMEMBER LEVY
FOR AGAINST
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\COMP~N transmittal-economic development.doc
2
ABSENT
-d
ECONOMIC DEVELOPMENT ELEMENT
Goals, Obiectives and Policies
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS
TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS
COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS
IMPORTANT NATURAL RESOURCES.
Objective 13.1 .I .: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging
growth in targeted cluster industries that provide high wage employment, and
complement changing economic conditions; by supporting existing businesses; and by
retaining and improving resource based sectors such as tourism, retirement and
recreation.
Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster
industries such as biotechnology, communications, information technology, medical
products, marine biology, and aerospace research, by creating and fostering the
development of the Gardens Science and Technology Community Development of
Regional Impact.
Policy 13.1 .I .2.: The City shall assist the retention and growth of existing businesses
within the City, particularly those that provide high wage employment or that support or
complement those employment sectors.
Policy 13.1.1.3.: The City shall conserve and enhance the natural and recreational
resources that provide the foundation of the City’s retirement, recreation and tourist
based economic sectors.
Policy 13.1 .I .4.: The City shall allocate adequate commercial, industrial, and residential
acreage to meet future needs of a diversified economy.
Policy 13.1.1.5.: The City shall monitor and report annual economic growth regarding
increases in the employment and average wages for targeted industries.
Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and
facilitate the expansion and relocation of target industries, including but not limited to:
0 Implement a targeted expedited permitting program for companies that are
expanding operations or moving into the City so that value-added employment may
be created at a faster pace; and
0 Continuing to review land development processes to determine where
opportunities for streamlining the approval process can be accomplished; and
Economic Development 13-1 City Council Meeting 09/07/04
Continuing to work with the Office of Tourism, Trade and Economic Development
to facilitate expedited review of qualifying projects; and
0 Continuing to improve working relationships between government and the
business community and support the economic development efforts of private
organizations.
Objective 13.1.2.: Moderate Seasonality in Employment
The City shall promote year round tourism to moderate seasonal employment
fluctuations in the retail and service sectors.
Policy 13.1.2.1.: The City shall work with the County Tourist Development Council to
promote growth in year round tourism, including increased use of the “bed tax” for that
purpose.
Objective 13.1.3.: Increased Opportunity for Small Business Enterprises
The City shall support efforts to increase the number, viability, and growth of small
business enterprises to further strengthen and diversify the economy.
Policy 13.1.3.1 .: The City shall collect, develop and disseminate information related to
small business opportunity, and minority and women business enterprises.
Policy 13.1.3.2.: The City shall support small businesses by encouraging their
participation in city-funded projects.
Policy 13.1.3.3.: The City shall facilitate productive support and assistance within all
City Departments for the relocation or expansion of established small businesses.
Objective 13.1.4.: Availability of Education and Training Opportunities
The City shall provide leadership to the ongoing efforts to improve the public education
system in order to encourage industry to locate or expand in Palm Beach Gardens. The
City shall encourage participation of business, economic and educational leaders and
institutions in this effort.
Policy 13.1.4.1 .: The City shall encourage education and training institutions to provide
education and research programs that meet the needs of targeted cluster industries,
and encourage supplemental education to support existing businesses and programs to
stimulate new business development.
Policy 13.1.4.2.: The City shall strengthen its relationships with local higher education
institutions such as Palm Beach Community College and Florida Atlantic University, by
providing opportunities for faculty and students to participate in City programs that
encourage economic development.
Economic Development 13-2 City Council Meeting 09/07/04
Policy 13.1.4.3.: The City shall support the location of high school, vocational,
universities, and research and development training institutions proximate to economic
development centers in the City, and support high school, vocational school,
universities, and research and development training programs oriented to preparing
students for success in targeted economic development sectors.
Objective 13.1 5.: Balance Between Man-Made and Natural Environment
The City shall maintain the quality of its balance between man-made and natural
environments as a means of attracting target industries and retaining a healthy
foundation for its economy.
Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and
services by continuing to support existing regional retail services while implementing
planned growth patterns to foster neighborhood-based services to serve local needs.
Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs of
the City’s labor force by encouraging the availability of attainable housing to persons
earning a livelihood or choosing to reside in Palm Beach Gardens.
Policy 13.1 5.3: The City shall maintain adequate infrastructure to accommodate
managed growth.
Policy 13.1.5.4: The City shall continue to provide for attractive open spaces and
sustainable natural environments that enhance the quality of life in the City and protect
the functions of important regional environmental resources.
Economic Development 13-3 City Council Meeting 09/07/04
DATA AND ANALYSIS - ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN ELEMENT
BACKGROUND
The City of Palm Beach Gardens was founded on March 20, 1959 by John D. MacArthur,
multimillionaire insurance magnate and landowner. Mr. MacArthur envisioned a city where
streets were lined with trees and waterways intertwined throughout the community - a
“garden city” that embraced environmental conservation and provided an exceptional
standard of living where residents could live and work. He embarked upon turning
approximately 4,000 acres of dairy land into this reality.
Since those early days, the City of Palm Beach Gardens has made strides to stay aligned
with that original vision and has safeguarded those desires through the Comprehensive
Plan. Approximately one-third of all development must be dedicated to green space - a
standard that is rigorously enforced. Streetscapes and landscape buffers are evident
throughout the City. Indeed, green space is one of the core values of the community as a
whole and has attracted people and companies to Palm Beach Gardens. Although many
people have moved to live in Palm Beach Gardens, data suggests that most residents
must commute out of the city for employment.
ASSESSMENT OF NEED
The City of Palm Beach Gardens has evolved into an upscale bedroom community. The
current tax base of the City reflects a dependence on residential tax assessments. See
Figure I. Data for 2003 indicates that approximately 80% of ad valorem taxes are
generated by the residential component. See Figure 2.
Economic trends are shifting away from bedroom communities; therefore, in an effort to
diversify and thus stabilize the economic base, the City of Palm Beach Gardens must
attract industries and employers. The Economic Development Advisory Board of the City
of Palm Beach Gardens has developed a strategy to diversify the local economy in order
to decrease the reliance on residential ad valorem taxes. This is of particular importance
considering the City is approaching build-out of land mass.
Additionally, the City does not assess many of the traditional taxes that other municipalities
use for generating revenue, but rather, it primarily depends on ad valorem taxes to fund
services. See Figure 3. Residents are not assessed additional taxes for utility, solid
waste, storm water, or fire rescue; and pay a minimal amount in communication services
taxes. The City has opted to pay for these services out of ad valorem assessments.
Because the City of Palm Beach Gardens has been fortunate to have land mass that has
been available for residential development, the reliance on ad valorem taxation has not
been a major concern. However, as the City approaches build-out, it is prudent to diversify
the tax base in lieu of the escalating costs of providing services to residents. The Florida
Legislature has come under increasing pressure to increase the homestead exemption
from $25,000 to $50,000 for qualifying homeowners. If passed, the effect on the City of
Palm Beach Gardens tax revenues would be substantial and would necessitate the
exploration of alternate funding mechanisms to maintain current levels of services.
Economic Development
Data & Analysis
1 City Council Meeting 09/07/04
Figure 1
Ad Valorem Taxes
$4,5oo.Ooo.o00 -
1&1,00o,Ooo,o00 -
$3,5oo,Ooo,o00 -
$3,00o,o0O,ooo -I
$2,500,000,000 -
$2,000,000,000 -
$1,5oO,ooo,000 -
$1 .ooo.ooo,o00 -
$500.000.000 -
$- 1
- - - -
A A a - - - - m
1999 2000 2001 2002 2003
+Residential -C Business +Other
Historical Data Compiled from Tax Rolls - City of Palm Beach Gardens, Finance - 2004
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Figure 2
Commercial
20.06%
2003 Ad Valorem Tax Percentages
1.15% Imer
General Fund (ad valorem) = $52,714,507
Data Compiled from Tax Rolls, 2003 - City of Palm Beach Gardens, Finance
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Economic Development
Data & Analysis
City Council Meeting 09/07/04
Figure 3
Total Cost Comparison of Area Municipalities
Based on $225.000 Homesteaded ProDertv
Ad Utility Solid Storm PBC
Valorem Tax CST Waste Water Fire Total
Palm Beach
Gardens 1,208 0 24 0 0 0 $1,232
Wellington 600 300 63 106 120 610 $1,799~
Jupiter 906 300 80 83 46 380 $1,795
Royal Palm
Beach 1,206 300 63 84 0 0 $1,653
North Palm
Beach 1,360 300 84 80 0 0 $1,824
West Palm
Beach 1,696 300 65 192 56 0 $2,309
Riviera
Beach 2,000 300 66 134 54 0 $2,554
Comparative Prepared by Finance Division - City of Palm Beach Gardens, 2003
When all municipal revenue streams are considered, Palm Beach Gardens has one of the lowest fax burdens.
BALANCED AND DIVERSIFIED ECONOMY
Value-added employment opportunities in the City of Palm Beach Gardens can be
provided through the recruitment of new industries to and expansion of existing companies
in the City. The benefits of more diverse employment opportunities include: . Citizens with a variety of employment options enjoy a better quality of life. . Municipalities with a diverse range of corporate citizens reap a broader financial
base and more stable economy.
Regardless of an individual, public, private, or non-profit perspective, revenue is vital.
A value-added employer is defined as a company with an average (median) employee
compensation package of 10 - 15% higher than Palm Beach County’s average salary
and/or neighboring communities. Traditionally, the actual salary paid to the employee
should be 10% higher than the county average, but there are cases where the entire
employee package (life and health insurance, benefit program, IRA or retirement package,
etc.) may be considered if a company is in a specific target industry sector that is desirable
for economic growth in a municipality.
Economic Development
Data & Analysis
City Council Meeting 09/07/04
In 2000, the average (median) salary in Palm Beach County was $41,007. Therefore, the
City should seek employers that pay an average salary of at least $45,107 if based on
County’s average. Based on an analysis of the demographic data contained in Figure 4,
one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to
attract companies that pay an annual salary of $45,107 (value-added employer for Palm
Beach Gardens).
Additionally, the small gap between median household and per capita income in Palm
Beach Gardens seems to indicate that there is one “breadwinner” or primary wage earner
per household. Typically speaking, the larger the gap between household and per capita
income, the more likely it is that there are two or more people contributing to the household
income. By contrast, the smaller the gap, the more likely it is that the monies are derived
from other income sources (investments in real estate, stock markets, etc.).
Figure 4
Median Household Income vs Per Capita Income
Palm Beach Boer Raton Boynton Beach Royal Palm Welllngton WeaPalm
Gardens Beach Beach
Data Compiled from US Census 2000 - DP 3
Data indicates that the majority family income is generated from one breadwinner in
Palm Beach Gardens’ households.
The official economic development organization for the county, the Business Development
Board of Palm Beach County, Inc., has identified several economic cluster areas that are
targeted for economic growth in Palm Beach County. Based on a study conducted by the
Stanford Research Institute International (SRI) in the late 199Os, cluster areas in the
county for economic growth included: Technology; Business & Financial; Medical &
Economic Development
Data & Analysis
4 City Council Meeting 09/07/04
Pharmaceutical; Aerospace & Engineering; Agri-Business; and Tourism. Source:
Cooperating to Compete in the 27‘’ Century: An lndustry Cluster Development Strategy
for Palm Beach County, Jan. 1998.
In analyzing the SRI study and considering demographic data on workforce skill sets,
education levels, average age, and lifestyle factors compiled about the City’s residents, the
City’s Economic Development Advisory Board (comprised of private sector members)
made recommendations for the appropriate target market(s) that the City should pursue in
order to diversify the tax base.
Additional factors that were considered in identifying target markets for the recruitment of
value-added employers were: the void created by the down-sizing of Pratt-Whitney and
Sikorsky (aerospace and engineering) that created a “brain-trust” available in the county
population; growth in local business aviation (Belcan and Embraer), not to be confused
with commercial aviation industry; stability of the pharmaceutical industry; growth of local
companies in medical device manufacturing (3i - Implant Innovations and Anspach); and
cross application of skill sets in the workforce (i.e., aerospace technical engineering skills
are cross applicable in a myriad of industries - specifically medical device design).
Identified industry sectors that should be targeted in order to diversify the economy of the
City of Palm Beach Gardens are: . Medical & Pharmaceutical
Aerospace & Engineering . Information Technology . Research & Development
. Business & Financial Services . Education . Corporate Headquarters
A historical analysis of business sector growth based on Occupational Licenses issued by
the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to
diversify the economy with value-added employer options. See Figure 5. Currently, since
the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have
been consolidated into a “commercial” category for evaluation purposes. The heavy
emphasis on service and retail is typical for bedroom communities. Service and retail
components of the economy, by definition, “spin” wealth rather than create wealth. Under
normal circumstances, both the service and retail sectors are dependent upon monies that
already exist in a geographic region.
By contrast, the commercial, industrial, and manufacturing sectors export goods and
therefore are not dependent on local money for survival. There are exceptions to the rule.
Information Technology, for example, is usually considered a service sector industry, yet,
is not dependent on the local customer base. Thanks to the capabilities of the World Wide
Web and Internet connection, the transfer of intellectual knowledge or technology services
is a simple click of a button.
Increasingly, commercial, industrial, and manufacturing companies are opting to utilize the
Internet for marketing purposes to expand their customer base, thereby cushioning the
impacts of a specific geographically-based revenue stream. According to the Strategis
Group, the number of US households with Internet access has grown from 14.9 million in
Economic Development
Data & Analysis
C City Council Meeting 09/07/04
1995 to a projected 90 million in 2005. Internet marketing expenditures are projected to
grow from $1 billion in 1998 to $9 billion in 2003. Source: CE Unferberg Towbin. The
Internet opens international marketing to another customer base and makes it possible to
reach overseas markets as easily as if they were next door.
Figure 5
3500
U J 3000
- t
(I)
c
0
2500
3 - 2000
C 0
9 4 1500
0
.- -
B
2
r
L
0 1000
$ 500
0
1987 1988 1989 1ggO 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
+Commercial +Retail +Service
City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004
The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth
while the commercial sector, which creates new dollars in the local economy, has remained flat.
It is, therefore, important to create new money in the community by seeking value-added
employers that can contribute to the stability of the local economy, provide sustainable
high-paying employment opportunities to residents, and ensure a tax revenue stream not
dependent merely on land development. Equally as important is retaining and assisting
companies that are already located in Palm Beach Gardens to expand. Based on data
collected by the Occupational Licenses Division, in Fiscal Year 2003-2004, the City
maintained an 84% retention rate of operating businesses. This seems to indicate that
monies in the local economy for the service and retail sectors are strong; otherwise, the
retention rate would be less.
INVENTORY OF ASSETS
In order to attract companies that are an appropriate match for the residents of Palm
Beach Gardens, it is necessary to quantify the skill sets and number of people in the local
workforce. Generally speaking, the Palm Beach Gardens’ workforce is comprised of
professionals who are in the middle of their career cycles and are more stable and
educated than surrounding areas in Palm Beach County. See Figures 5, 6, 7, 8, & 9.
Economic Development
Data & Analysis
6 City Council Meeting 09/07/04
Figure 6
46000
City of Palm Beach Gardens
Population Totals
40000
35000
30000
25000
1-1 I I I I I I I I I I I I
20000
15000
1oooo
5000
I I I 1 I I I I I I I I I I
Bureau of Economic and Business Research - 2004
Palm Beach Gardens has experienced steady population growth.
Figure 7
Population 25 81 Over With Bachelor's Degree or Higher
Data Compiled from US Census 2000 - DP 2
Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County
which indicates that the workforce is comprised of professionals.
Economic Development
Data & Analysis
7 City Council Meeting 09/07/04
Figure 8
Distribution of Occupations in Palm Beach Gardens
Government workers
(local, state, or federal)
10.9%
Manufactunng 6%
Agriculture, forest
fishing, 8 hunting 0 2%
Produdon,
transportation and
material moving 5 ,%\
L r
Construction, extraction,
& maintenance 4.6%
Farming, fishing &
forestry 0.2%
Sales 8 office 30.3%
L
Management,
professional, and
related 46.9%
-Setvice 12.3%
Source: GCT-P13 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over
Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data
Companies that require sophisticated skill sets would be a proper "fit" for Palm Beach Gardens based on the number of
residents that are currently employed in management and professional level jobs.
Figure 9
Median Age of Population
Royal Wellington West Berth Raton Beach Palm Palm
Gardens Beach Beach
Pam Bocr Boynton
US C~~SUS 2000 - DP - 1
Data Compiled from US Census 2000 - DP 1
Residents in Palm Beach Gardens are most likely are midway through their employment cycle.
Economic Development
Data & Analysis
8 City Council Meeting 09/07/04
GOVERNMENTAL POLICIES
Other items bearing on successful economic development from a governmental
perspective are growth management policies, the regulatory environment, approval
processes, licensing, taxation, and other items that affect a company’s ability to conduct
business, and by extension, its profitability in Palm Beach Gardens.
Dedication of land space to the value-added business sector is critical, especially as the
City approaches build-out. Growth management policies that provide incentives for
nonresidential, value-added land uses, therefore, are an integral component of a
successful economic development strategy.
The City must resist the temptation to convert land space that has been dedicated to non-
retail commercial activities to other uses. See Figures 70 & 71. Additionally, current
vacant land should be examined and perhaps rezoned to allow space for value-added
employers that provide new and sustainable dollars in the local economy. Again, it needs
to be emphasized that the retail component of the business sector does not qualify as a
value-added employer in the City of Palm Beach Gardens by definition, and therefore the
focus should be on land uses that promote the City’s objective of value-added employers.
As mentioned earlier, nearly 50% of land space is dedicated to residential and
approximately 80% of ad valorem tax revenues are derived from the residential component
in Palm Beach Gardens. See Figure 70. Re-examination of bedroom communities
indicate that people want to be able to live, play, learn, and work within a 15 - 25 minute
commute, thereby raising their own quality of life. These trends can be documented in the
recent phenomena of the number of mixed-use land communities that have been popping
up throughout the United States.
Equally as important are addressing infrastructure requirements that may affect economic
growth. These issues include: road networks, public transportation, workforce availability,
education, and a myriad of other issues that enable businesses to remain competitive.
Perhaps the most critical, and not so obvious, is anticipating the trends in technology.
Value-added industries, particularly the scientific community, rely heavily on computers for
running models and for communication. Increasingly, trends are shifting to wireless
technology. As the protocol for wireless communications and related security issues are
refined, the City of Palm Beach Gardens must remain cognizant of the changing trends to
ensure that companies have access to the tools that make them competitive.
Economic Development
Data & Analysis
9 City Council Meeting 09/07/04
Figure 10
Future Land Use Within Existing City Boundaries - 2003
Industrial 2%
Commercial 2%
Commercial Recreation
Golf 6%
-Mixed Use 1%
Professional Oflice 1%
Recreation 8 Open Space
1%
Residential 46%
I
?---
City of Palm Beach Gardens - GIS Division, 2004
Nearly X of available land is currently dedicated to residential uses and over 113 in conservation leaving very
little available space for value-added employers.
Figure 11
I
Land Allocation in Palm Beach Gardens - 2004
Play
25%
Live
70%
Note: “Play” element does not account for green space within the
residential or “Live ’’ component.
City of Palm Beach Gardens - GIS Division, 2004
The majority of land space is allocated for residential components in Palm Beach Gardens
Economic Development
Data & Analysis
10 City Council Meeting 09/07/04
The City of Palm Beach Gardens does not currently offer financial incentives to expanding
or relocating companies; therefore, working with the officially sanctioned State and County
economic development organizations that offer financial incentives is paramount. Forming
strategic alliances with Enterprise Florida and the Business Development Board of Palm
Beach County will strengthen the City’s reach to prospects. The City of Palm Beach
Gardens will work with the State Office of Tourism, Trade and Economic Development
(OTTED) when appropriate to facilitate expedited review of qualifying projects.
Additionally, the City of Palm Beach Gardens offers a targeted expedited permitting
program.
TARGETED EXPEDITED PERMITTING PROGRAM
The Targeted Expedited Permitting Program expedites the planning, zoning, and building
permitting process. The Targeted Expedited Permitting Program is available to companies
that are expanding operations or moving into the City so that value added employment
may be created at a faster pace. Companies must meet specific criteria in order to qualify
for the Targeted Expedited Permitting Program.
The Targeted Expedited Permitting Program provides qualifying projects an efficient
process to resolve issues in a timely manner through face-to-face meetings with a City
representative without sacrificing any requirements as established by the City’s Code of
Ordinances. As with any project, the City of Palm Beach Gardens reserves the authority to
deny a proposal that does not meet the City code or City comprehensive plan
req u ire men ts .
Qualifiers for the Targeted Expedited Permitting Program
Companies must fall into specific industry clusters as recommended by the
Economic Development Advisory Board. Industry areas include:
o Aerospace / Engineering
o Medical / Pharmaceutical /
o Business / Financial
RD
Services
o Information Technology
o Education
o Corporate Headquarters
Companies must create at least fifty (50) new positions in the City of Palm Beach
Gardens within the first two (2) years of operations OR expand operations as a
result of creating same amount of positions in the past two (2) years OR a
combination of the two.
Positions created must be considered value-added employment based on the
average wages and/or compensation paid by the employer.
Value-added employment is defined when the average compensation package of
positions created is at least 10% higher than the current per capita income level in
Palm Beach Gardens. This equates to $47,272 / year as of September 2003.
Economic Development
Data & Analysis
City Council Meeting 09/07/04
I Positions must be sustainable for a five (5) year period of time.
I Companies must pass the City’s due diligence process to establish solvency and
credibility prior to acceptance into the program.
I Due diligence may include a Dun & Bradstreet report.
I Due diligence reports must be reviewed by the Economic Development Advisory
Board, City Manager, Economic Development Administrator, and/or Finance
Administrator for the City of Palm Beach Gardens.
I Companies must receive an endorsement from the Economic Development
Advisory Board to qualify or qualify for State of Florida or Palm Beach County
economic incentives as administered by the official economic development
agencies.
I Company must appoint a Project Manager for communication purposes.
I Start date for filling newly created positions will be considered within six (6) months
after company receives a Certificate of Occupancy.
OR . Companies may qualify for Targeted Expedited Permitting Program if the company
is a sanctioned project by the State of Florida or officially sanctioned economic
development organizations (OTTED, Enterprise Florida, or Business Development
Board of Palm Beach County).
BENEFITS OF THE TARGETED EXPEDITED PERMITTING PROGRAM
Companies that have been accepted into the Targeted Expedited Permitting Program shall
receive:
A single Point of Contact for the approval process as appointed by the City Manager
or Economic Development Administrator. . Establishment of necessary steps required for project approval in pre-application
meeting with the Growth Management Department. . Itemized completion timetable. . Priority at every phase of the review process by City staff, including face-to-face
meetings. . Review by City staff conducted within five (5) business days of submission.
Economic Development
Data & Analysis
12 City Council Meeting 09/07/04
w
w
w
w
If problems are identified, a face-to-face meeting of all concerned parties will be
called within two (2) business days so that a resolution may be found in a timely and
efficient manner.
City-appointed Point of Contact will be kept apprised of all developments regarding
a project by City’s Engineering, Growth Management, and Building Departments in
order to trouble-shoot and keep sanctioned projects on track.
City’s Point of Contact will provide a weekly status report (minimally) to Company’s
Project Manager.
An economic impact report that will be included with the staff reports to the
Planning, Zoning, and Appeals Board and City Council.
SEASONAL EMPLOYMENT FLUCTUATIONS IN THE RETAIL AND SERVICE SECTORS
South Florida has had the reputation of the perfect vacation spot during the winter months.
This has resulted in a large percentage of seasonal employment options and has
contributed to drastic swings in locally generated tourist dollars. PGA National Resort and
Spa, The Marriot of Palm Beach Gardens, and DoubleTree Hotel all have vast swings in
“tourist” bookings between the winter and the summer months, and therefore employment.
Indeed, many of the local hotels and tourism-related industries (restaurants, marinas, etc.)
offer special packages during “off season” in order to generate business.
Additionally, the estimated number of hotel guests and the associated revenues derived
from the tourism industry have not fully recovered from the aftermath of September 11,
2001. In the Report on Palm Beach County Tourism, Fiscal Year 2002/2003 prepared by
Profile Marketing Research for the Tourist Development Council of Palm Beach County,
the area is slowly recovering in attracting tourists. See Figure 12.
The City of Palm Beach Gardens can leverage its “destination spot” reputation with the
recent announcement of Scripps-Florida to minimize the fluctuations in seasonal
employment.
Economic Development
Data & Analysis
City Council Meeting 09/07/04
Figure 12
SUMMARY OF CH STATlSRGS
'Properties well Wow 50 mms are only inc uded in room count and total inventory
1 .The TDC estimates that the total number of vniton to Palm Beach County is two tinies the number of hotel guests
This estimation ratlo has been in use since 1995196
"Starbng in fncal year 2001/02 rf party sue' IS greater than 8 or 'number of rooms occupied' is greater than 3 then data within 'party
me' and number of rooms occupied' is deleted Pnor to fiscal year 2001M2 II party size or number of rooms occupied was
greater than 10, both were recoded to 1 II party size was greater than 25 party sue and number of rooms occuwd were
both recoded as missing data if party size was greater than 1 and ndmber of rooms occupied was blank (or vice versa)
both wen? recoded as rnisong data
+ Dmerence in hotel guest Spendng for FY2001102 - FY200U03 as compared to FY 1997198 - N2000101 reflects revison to the
manner m whtch side tnp expendltures are computed
2 ADR = Average rate per occuprd rmm
3. Room nqhts occuped = ((#total moms'occupancyi * annual room nights)
I Report on Palm Beach County Tourism
Fiscal Year 200212003 (Oct 2002 - Sept 2003)
Prepared for: Tourist Development Council of Palm Beach County, Inc.
Prepared by: Profile Marketing Research, December 3,2003
Although tourism is a major source of .new money" in the lo6al economy, data suggests that catastrophic events, such as
9-1 1, can have a significant impact.
SMALL BUSINESS ENTERPRISES
The City of Palm Beach Gardens values its small business enterprises and understands
that much of the character of the City is dependant on the uniqueness and customer
service that is provided by small business. It also recognizes the important contribution
that small business plays in expanding the workforce. Both the North Palm Beach County
Chamber of Commerce and the PGA Corridor Association play a vital role in representing
and assisting the small businesses in the City; as a result, the City has developed strategic
alliances with both groups.
Economic Development
Data & Analysis
14 City Council Meeting 09/07/04
PUBLIC EDUCATION
The State of Florida lags behind in the field of educational excellence when benchmarked
against other states. Although a child can receive an excellent education in Florida, much
needs to be done to raise the standards for all children. Education is one of the most
important factors that a relocating company wants addressed. Whether it is for employees’
children, continuing education for the employees themselves, or for the area’s workforce at
large, educational opportunities are a critical element in the private sector.
Results of the FCAT- 2002/2003 indicate that the City of Palm Beach Gardens needs to
take an active role in trying to raise the educational standards of the City’s youth. An
analysis of area school scores indicates that area students are not competitive in today’s
world. See Figure 13. Average SAT scores of high schools students located with Palm
Beach Gardens are in the low 1,000 range which, when compared to the average SAT
scores for Florida universities, are not competitive. See Figures 14 & 15. Additionally,
graduates are only “somewhat qualified” to attain entrance into universities across the
United States in regards to SAT scores. See Figure 16. When compared to SAT entrance
requirements for the top ten universities in the United States, the average high school
graduate in Palm Beach Gardens would not be considered for admission. See Figure 17.
Figure 13
FCAT Results in Palm Beach Gardens Schools
FCAT Results 2003 & 2004
W Dwyer High
PBG High
WB Duncan Middle
HL Watkin Middle
Timber Trace Elementaw
PBG Elementary
Lake Park Elementary
Grove Park Elementary
Eisenhower Elementary
Allamanda Elementary
D C B A
I
Florida School Grades: Accountability Report - Florida Department of Education
FCA T Scores indicate there is room for improvement in public schools.
Economic Development
Data & Analysis
1.5 City Council Meeting 09/07/04
Figure 14
Scholastic Assessment Test (SAT)
Number Percent of 12th Mean
School Name Year Tested Graders Tested Score
PALM BEACH GARDENS HIGH
SCHOOL 2002-2003 261 60.8 1015
WILLIAM T. DWYER HIGH SCHOOL 2002-2003 256 55.7 1014
Florida School Indicators Report, Florida Department of Education 2003
Mean SAT scores in 2002-2003 of public high school students in Palm Beach Gardens.
Figure 15
Sample of Florida Universities
SAT Scores for Admission
Barry University 880 - 1080
Eckerd College 1020 - 1250
900- 1110
930 - 1130
910- 1110
Florida International University 960 - 1140
Florida State University 1040 - 1240
Jacksonville University 940 - 1170
New College of Florida 1230 - 1410
University of Central Florida 1030 - 1230
University of Florida 1130 - 1340
University of Miami 1160 - 1320
1000 - 1190
950- 1150
990 - 1190
Florida A & M University
Florida Gulf Coast University
Florida Atlantic University
University of North Florida
I University of West Florida
University of South Florida
Data Source: CollegeBoard. com, Side-by-Side Comparisons - 2003
Median SAT scores at the two local high schools indicate that approximately Zi of the graduates would not
meet minimum SAT requirements for six of the major universities in the State of Florida.
Economic Development
Data & Analysis
16 City Council Meeting 09/07/04
Figure 16
Who is Prepared for College?
Students were classified in two-stage process. The initial classification was determined as follows:
Very highly qualified: those whose highest value on any of the five criteria would put them among the top 10
percent of 4-year college students (specifically the NELS 1992 graduating seniors who enrolled in 4-year
colleges and universities) for that criterion. Minimum values were GPA=3.7, class rank percentile=96, NELS test
percentile=97, combined SAT=I 250, composite ACT=28.
Highly qualified: those whose highest value on any of the five criteria would put them among the top 25 percent
of 4-year college students (but not the top 10 percent) for that criterion. Minimum values were GPA=3.6, class
rank percentile=89, NELS test percentile=90, combined SAT=I 11 0, composite ACT=25.
Somewhat qualified: those whose highest value on any of the five criteria would put them among the top 50
percent (but not the top 25 percent, Le., in the second quartile) of 4-year college students for that criterion.
Minimum values were GPA=3.2, class rank percentile=75, NELS test percentile=76, combined SAT=960,
composite ACT=22.
Minimally qualified: those whose highest value on any of the five criteria would put them among the top 75
percent (but not the top 50 percent, i.e., in the third quartile) of 4-year college students for that criterion.
Minimum values were GPA=2.7, class rank percentile=54, NELS test percentile=56, combined SAT=820,
composite ACT=19.
Marginally or not qualified: those who had no value on any criterion that would put them among the top 75
percent of 4-year college students (Le., all values were in the lowest quartile). In addition, those in vocational
Droarams laccordina to their hiah school transcriDt1 were classified as not colleae aualified.
National Center for Education Statistics - Note 9: The College Qualification Index
Access to Postsecondary Education for the 1992 High School Graduates
Approximately % of the graduates of Palm Beach Gardens two public high schools are only “somewhat qualified”
to attend university on a national standard.
Figure 17
Top Ten Universities in United States
SAT Scores for Admission 1 I 1. Harvard Universitv 11400-1570 I
I Princeton Universitv 11380-1560 I
3. Yale University 1370 - 1560
1420 - 1560
5. Duke University 1320 - 1510
California Institute of Technology 1470 - 1580
Stanford University 1350 - 1540
University of Pennsylvania 1330 - 1500
9. Dartmouth College 1330 - 1520
1310 - 1480
Massachusetts Institute of Technology
Washington University in St. Louis
US News & World Reporf - 2004: America’s Best Colleges
Collegeboard.corn: College Search, side-by-side comparison results
Median SAT scores of public high schools in Palm Beach Gardens indicate that many graduates
are not competitive for obtaining entrance into the ten top universities in the United States.
Economic Development
Data & Analysis
17 City Council Meeting 09/07/04
Palm Beach Gardens’ high school students enrolled in public schools fail to meet the
national average on SAT scores, too. The College Board reported that the average math
SAT score reached a 36-year high in 2003 with the average cumulative SAT score in the
U.S. being 1,026. Source: CNN.com/2003€DUCA TION/08/26sat.scores.ap
QUALITY OF LIFE BALANCE
Quality of life issues weigh heavily into recruiting a company to a specific geographic
region. As mentioned earlier, trends are shifting away from bedroom communities as
people desire to live, play, learn, and work within a 15-25 minute commute. People, simply
put, are weary of the stress that is induced by a long commute to and from work.
Therefore, in optimal ci rcu mstances , plan ners and economic development professionals
would consider all four critical elements in designing a sustainable community.
The City of Palm Beach Gardens is in the enviable position to create a sustainable
community that upholds the principles of live, play, learn, and work in The Gardens
Science and Technology Community DRI. See Figure 18. As the applicant, the City has
adopted a vision statement and philosophy that integrate sound economics and the cluster
approach of economic development with quality-of-life issues that attracted The Scripps
Research Institute to Palm Beach County.
The City has adopted the following vision statement and philosophy for the Gardens
Science and Technology Community DRI:
To create a scientific village that combines the physical infrastructure and
community support systems necessary to facilitate the exchange of intellectual
knowledge and enable the efficient transfer of scientific theory to marketplace, while
fostering strong community and family relationships to achieve a balanced quality of
life.
Analysis of critical growth management principles benchmarked against other
internationally known scientific parks indicate that the City of Palm Beach Gardens can
truly build a scientific village unlike any known in the world today. Building on the
successes of other parks and addressing the elements that are lacking, the Gardens
Science and Technology Satellite Community may incorporate lessons learned and be the
international leader in scientific and research parks. See Figure 18.
Taking the larger view of the project, the entire spectrum of live, learn, work, and play may
be addressed in the City’s model. Understanding the interrelationship between social (live
and play) and economic (learn and work) structures is paramount for quality of life issues
as related to the business and residential community. Sound planning and building an
entire village centered on the adopted “philosophy” enhances the economic opportunities
for the City and integrity of the scientific community as a whole. Straying from the
philosophy will diminish the project and not capture the bio-tech cluster as envisioned by
economic development professionals and officials from The Scripps Research Institute
during the recruitment process.
Economic Development
Data & Analysis
18 City Council Meeting 09/07/04
C 0 v) .- 5 - a 0 I- m
u) s
u1 s
0 2
C 2
VI s
0 2
C 2
C 2
C C U .- 5 u) s ul s
VI s -
u) s
0 c
a,
.- c
8
'ZI a! .w .- E 1 -
a
P w c m c
VI s a 2
m
The City of Palm Beach Gardens has adopted strict guidelines to preserve open space.
All residential development must provide approximately 35% of land space as open space.
This, too, has a huge impact on quality of life for our residents. See Figure 79.
Figure 19
Land Density of Municipalities in PBC - People/Acre
;a
i I
City of Palm Beach Gardens - GIS Department, 2004
Reflecting one of the core values, Palm Beach Gardens enjoys open space within municipal boundaries.
Not only does the City of Palm Beach Gardens seek to recruit and/or expand employers
with a median salary of $47,272, but also develop strategies to create an environment that
combines the live, play, learn, and work components in land development. It is only
through carefully balancing these solid growth management principles with economic
diversification that the City will shift from a traditional bedroom community to a sustainable
municipality.
Economic Development
Data & Analysis
21 City Council Meeting 09/07/04
24A THE PALM BEACH POST FRIDAY, JULY 23,2004
-
NO. 737780 CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY NOTICE OF PI " HEARING PROPOSED co IE~ENSIVE LAND USE PLAN ~~ENDMENTS
pp A1
PlEASE TAKE NOTICE that he bcd Planning Agmcy of the City of Palm Beach Gardens,
Fbrida will conduct a Publ~ Hearing on August 3, 2004, at 630 m., or as soan
(hereah as can be heard, at che Municii Con-$ex Building &Jot loso0 Norib
Military Trail, Palm Beach Gardens, Flori regar ing:
eat. A City-initiated request for he tranmiftd of amendmenk to the City's
plan Capital lmprovementr M (CIE) dated primarily to the Garden5
hdagy Community Dev$opment of Regional Impact (DRI).
Mic are invited ta attend and participate in said public hearing. Ai
to he said pelitions maybe inrpeded by LpuMic in (hem bated at Ihe Muniapd Canplea BuiMi
rough Friday, 8:OO a.m. .5:OO p.m., exc@%?&?sda
TAKE NOW AND BE ADWSED that if any interested pody withes to appea
hsari suA interested pA2Zinei a p-ings anc
en-% a verbatim reco~d is made, iduding the teslimony and eviden~t
ericans with Disabilities Ad md Sedion 286.26, &rid
ities needing specid arrommodations in order to porticipah
are entitled to he pmviim of certain assi*once ~ no cost. plea*
iion made by the local PlaMing Wlh respectk an matterecsiderec
office at 561 -799-41 22 M lalSr h 5 pri~ k (he M I
rknos 1s quid. FM hwring impqired --,p dl he ~orida ~=$al wvirrbsn: XNI-955-8771 (TlBJ oc 800-9&-8770 W).
>
Dak Friday, hfy 23,2004
.? .
\
*
I..
,.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 18,2004
Meeting Date: September 7,2004
Resolution 171,2004
Su bject/Agenda Item: Agreement for Professional Engineering and Surveying
Services between the City of Palm Beach Gardens and LBFH, Inc.
BACKGROUND: LBFH, Inc. was selected by City Council in 1979 to provide engineering
services to the City on an as needed basis. LBFH currently employs approximately 180
persons and is assisting the City by providing a variety of skills and services in Growth
Management, Public Works, Recreation, Administration, and with the Gardens Science
and Technology Community.
[XI Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
Growth Management
City Attorney 4
Submitted by:
L P Dana.
City Engineer
Approved by:
City Manager
Originating Dept.:
Engineering
Daniel P. Clark, P.E.
City Engineer
Advertised:
Date:
Paper:
] Not Required
Affected parties
[X ] Notified
[ ] Not required
Costs: $ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[X ] Other
Budget Acct.#:
Zouncil Action:
: ]Approved
: ]Approved wl
conditions
: ] Denied
[ ] Continued to:
Attachments:
Resolution 171,2003
Agreement for Services
[ ]None
Page 2 of 2
Date Prepared: August 18,2004
Meeting Date: September 7,2004
Resolution 171,2004
STAFF RECOMMENDATION
Staff recommends approval of Resolution 171,2004.
G:\attomey-share\AGENDA SUMMARMStaff Report LBFH Contract 2005.doc
Date Prepared: August 18, 2004
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RESOLUTION 171,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR
PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
BETWEEN THE CITY OF PALM BEACH GARDENS AND LBFH,
INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
City of Palm Beach Gardens to enter into an agreement with LBFH, Inc. to provide
professional engineering and surveying services; and
WHEREAS, an Agreement for Professional Engineering and Surveying Services
has been prepared and is attached hereto; and
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby accepts and approves the Agreement for
Professional Engineering and Surveying Services between the City of Palm Beach
Gardens and LBFH, Inc., and hereby authorizes the Mayor and City Clerk to execute
the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: August 18, 2004
Resolution 171, 2004
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PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLl N
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
AYE NAY ABSENT --
G:\attorney-share\RESOLUTlONS\LBFH contract approval 2005 - reso 171 2004.doc
2
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2004, by and
between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and
LBFH, Inc. (hereinafter referred to as CONSULTANT), a Florida corporation, located in
Palm City, Florida.
WHEREAS, it is necessary for CITY to obtain the services of a consulting
engineer on a continuing basis; and
WHEREAS, CONSULTANT represents it is capable and prepared to provide
such services.
NOW, THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1 EFFECTIVE DATE
The effective date of this Agreement shall be October 1, 2004.
The term of this Agreement shall be for a period of one year, but may be terminated as
provided herein.
ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT
2.1 GENERAL
CONSULTANT shall perform the Services as specifically stated in the Scope of Work,
which is attached hereto and incorporated herein by reference as Exhibit A, and as may
be specifically designated and authorized by CITY.
2.2 WORK AUTHORIZATION
Such authorizations will be in the form of a Work Authorization. Each Work
Authorization will set forth a specific Scope of Services, amount of compensation, a
completion date, and shall be approved by the CITY Manager.
ARTICLE 3 COMPENSATION
3.1 GENERAL
As compensation for providing the Services enumerated in subsequent Work
Authorizations, CITY shall pay CONSULTANT’S fees based on the rates stipulated in
Exhibit B, attached hereto and incorporated herein by reference.
1
ARTICLE 4 INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance policies written by an insurance company authorized to
do business in Florida:
4.1 General Liability Insurance with each occurrence limits of not less than One
Million Dollars ($1 ,OOO,OOO), personal injury and advertising injury liability of not less
than Three Hundred Thousand Dollars ($300,000), and general aggregate of not less
than Three Hundred Thousand Dollars ($300,000).
4.2 Workers’ Compensation Insurance in accordance with statutory requirements
and Employer’s Liability Insurance with limits of not less than One Million Dollars
($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each
disease, and not less than One Million Dollars ($1,000,000) aggregate.
4.3
($1,000,000) annual aggregate.
Professional Liability Insurance with limits of not less than One Million Dollars
Deductible amounts shall not exceed fifteen percent (15%) of the total amount of
required insurance in each category. Should any policy contain any unusual exclusion,
said exclusions shall be so indicated on the certificate(s) of insurance.
CONSULTANT shall furnish CITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal, or reduction of coverage will not be
effective until at least thirty (30) days written notice has been made to CITY.
CONSULTANT shall include CITY as an additional insured on the general liability policy
required by this Agreement.
CONSULTANT shall not commence work under this Agreement until all insurance
required as stated herein has been obtained, and such insurance has been approved by
CITY.
ARTICLE 5 STANDARD OF CARE
CONSULTANT represents to CITY that CONSULTANT is possessed of that level of
skill, knowledge, experience, and expertise that is commensurate with engineering firms
of national repute in the areas of practice required under this Agreement.
CONSULTANT acknowledges that CITY has relied on CONSULTANT’S
representations of skill, knowledge, experience, and expertise. By executing this
Agreement, CONSULTANT agrees that CONSULTANT will exercise that degree of
care, knowledge, skill, and ability as other engineers possessing the degree of skill,
knowledge, experience, and expertise which CONSULTANT has claimed.
CONSULTANT shall perform such duties as may be assigned without neglect.
CONSULTANT accepts the relationship of trust and confidence established by this
Agreement, and covenants with CITY to cooperate with CITY and to utilize
2
CONSULTANT’S best skill, efforts, and judgment commensurate with engineering firms
of national repute in the areas of practice required for this Agreement. CONSULTANT
agrees to perform each assignment in an efficient and economical manner consistent
with the CITY’S interest.
ARTICLE 6 IN DE M N I F I CAT10 N
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, CITY
and CONSULTANT agree to allocate such liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
CONSULTANT agrees to protect, defend, indemnify, and hold harmless CITY, its
employees, and representatives from any and all claims and liabilities, including all
attorney’s fees and court costs, including appeals, for which CITY, its employees, and
representatives can or may be held liable as a result of injury to persons or damage to
property occurring by reason of any negligent acts or omissions or willful misconduct of
CONSULTANT, its employees, or agents arising out of or connected with this
Agreement. CONSULTANT shall not be required to indemnify CITY or its agents,
employees, or representatives when an occurrence results from the wrongful acts or
omissions of CITY or its agents, employees, or representatives.
6.3 SURVIVAL
Upon completion of all Services, obligations, and duties provided for in this Agreement
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 7 INDEPENDENT CONTRACTOR
CONSULTANT undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of performance. CITY shall have no
right to supervise the methods used, but CITY shall have the right to observe such
performance. CONSULTANT shall work closely with CITY in performing Services under
this Agreement.
ARTICLE 8 COMPLIANCE WITH LAWS
In performance of the services, CONSULTANT will comply with applicable regulatory
requirements, including federal, state, special district, and local laws, rules, regulations,
orders, codes, criteria, and standards.
ARTICLE 9 SUBCONSULTING
CITY reserves the right to accept the use of a subconsultant or to reject the selection of
a particular subconsultant. If a subconsultant fails to perform or make progress as
required by this Agreement and it is necessary to replace the subconsultant to complete
the work in a timely fashion, CONSULTANT shall promptly do so, subject to acceptance
of the new subconsultant by CITY.
ARTICLE 10 FEDERAL AND STATE TAXES
CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, CITY
will provide an exemption certificate to CONSULTANT. CONSULTANT shall not be
exempted from paying sales tax to its suppliers for materials to fulfill contractual
obligations with the CITY, nor shall CONSULTANT be authorized to use CITY’S Tax
Exemption Number in securing such materials.
ARTICLE 11 AVAILABILITY OF FUNDS
The obligations of CITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Council of CITY.
ARTICLE 12 CITY’S RES PONS I BI LIT1 ES
CITY shall be responsible for providing information on hand required by CONSULTANT,
including existing reports, studies, planning information, and other required data that are
available in the files of CITY.
ARTICLE 13 TERMINATION OF AGREEMENT
This agreement may be terminated by either party, with or without cause, upon sixty
(60) days’ written notice to the other party. Unless CONSULTANT is in breach of this
Agreement, CONSULTANT shall be paid for Services rendered to CITY’S satisfaction
through the date of termination. After receipt of a Termination Notice, and except as
otherwise directed by CITY, CONSULTANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the
performance of the terminated work.
C. Transfer all work in process, completed work, and other material related to
the terminated work to CITY.
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D. Continue and complete all parts of the work that have not been
terminated.
CONSULTANT shall be paid for Services actually rendered to the date of termination.
ARTICLE 14 UNCONTROLLABLE FORCES
Neither CITY nor CONSULTANT shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the nonperforming party could not avoid.
The term “Uncontrollable Forces” shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited
to, fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental action.
Neither party shall, however, be excused from performance if nonperformance is due to
forces which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 15 GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. Any and all legal action
necessary to enforce this Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida.
ARTICLE 16 N 0 N -D I SC RI M I N AT1 0 N
CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, gender, age, or national
origin.
ARTICLE 17 WAIVER
A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s rights with respect to any other
or further breach. The making or acceptance of a payment by either party with
knowledge of the existence of a default or breach shall not operate or be construed to
operate as a waiver of any subsequent default or breach.
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ARTICLE 18 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
The provisions of this Article shall not prevent the entire Agreement from being void
should a provision, which is of the essence of the Agreement, be determined to be void.
ARTICLE 19 ENTIRETY OF AGREEMENT
CITY and CONSULTANT agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. This Agreement supersedes all prior agreements, contracts, proposals,
representations, negotiations, letters, or other communications between CITY and
CONSULTANT pertaining to the Services, whether written or oral. None of the
provisions, terms, and conditions contained in this Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 20 M 0 D I F I CAT1 0 N
This Agreement may be modified only by a written amendment executed by both
parties.
ARTICLE 21 SUCCESSORS AND ASSIGNS
CITY and CONSULTANT each binds itself and its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to its partners,
successors, executors, administrators, assigns, and legal representatives.
CONSULTANT shall not assign this Agreement without the express written approval of
CITY via executed amendment.
ARTICLE 22 CONTINGENT FEES
CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
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ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by CONSULTANT shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of
the date of this Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or
noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. CITY shall exercise its rights under this “Certificate” within one (1) year
following payment.
ARTICLE 24 OWNERSHIP OF DOCUMENTS
Any and all documents, records, disks, or other information produced or prepared by
CONSULTANT pursuant to this Agreement shall become the property of CITY for any
lawful use and/or distribution as may be deemed appropriate by CITY.
ARTICLE 25 ACCESS AND AUDITS
CONSULTANT shall maintain adequate records to justify all charges and costs incurred
in performing the Services for at least three (3) years after completion of this
Agreement. CITY shall have access to such books, records, and documents as
required in this Article for the purpose of inspection or audit during normal working
business hours at CONSULTANT’S place of business.
ARTICLE 26 NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to CITY As to CONSULTANT
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: CITY Manager
LBFH, Inc.
3550 SW Corporate Parkway
Palm City, Florida 34990
Attention: Daniel P. Clark, P. E.
Notices shall be effective when received at the addresses as specified above. Changes
in the respective addresses to which such notice is to be directed may be made from
time to time by either party by written notice to the other party. Facsimile transmission
is acceptable notice effective when received: however, facsimile transmissions received
(i.e., printed) after 500 p.m. or on weekends or holiday will be deemed received on the
next business day. The original of the notice must additionally be mailed as required
herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of CONSULTANT and CITY.
ARTICLE 27 CONTRACT AD M I N I ST RAT ION
Services of CONSULTANT shall be under the general direction of the CITY Manager or
his designee, who shall act as CITY’S representative during the term of this Agreement.
ARTICLE 28 KEY PERSONNEL
CONSULTANT shall notify CITY in the event of key personnel changes which might
affect this Agreement. Notification shall be made within ten (IO) days of said changes.
The CITY has the right to reject proposed changes in key personnel. The following
personnel shall be considered key personnel: Daniel P. Clark, P. E.
ARTICLE 29 CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data give to or
prepared or assembled by CONSULTANT under this Agreement shall be made
available to any individual or organization by CONSULTANT without prior written
approval of CITY.
ARTICLE 30 CONFLICT OF INTEREST
CONSULTANT represents that it has provided a list of all current clients, which is
attached hereto and incorporated herein by reference as Exhibit C, which are either
subject to the jurisdiction of CITY or have an ongoing contractual relationship with CITY.
CONSULTANT represents that the representation of these existing clients will not either
directly or indirectly conflict in any manner with the performance of the Services under
this Agreement. Any actual or potential conflict between existing clients and
responsibilities under this Agreement shall be immediately brought to the attention of
CITY.
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During the term of this Agreement, CONSULTANT agrees not to provide Services for
any developer, property owner, or other entity (other than those identified on Exhibit C)
who has applied for or will be applying for a permit or other official sanction from CITY
without the written consent of CITY. CONSULTANT shall promptly notify CITY in
writing of all potential or actual conflicts of interest for any prospective business
association, interest, or other circumstance which may influence or appear to influence
CONSULTANT'S judgment or quality of the Services. The notice shall identify the
prospective business association, interest, or circumstance and the nature of work that
CONSULTANT wants to undertake and request CITY'S response as to whether the
association, interest, or circumstance would, in the opinion of CITY, constitute a conflict
of interest if entered into by CONSULTANT. CITY agrees to notify CONSULTANT of its
opinion within thirty (30) days of receipt of notification by CONSULTANT. If, in the
opinion of CITY, the prospective business association, interest, or circumstance would
not constitute a conflict of interest by CONSULTANT, CITY shall so state in its
response, and the association, interest, or circumstance shall not be deemed to be a
conflict of interest with respect to the Services.
(The remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Agreement as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, City Clerk Eric Jablin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
'Christine P. Tatum, City Afiorney
WITNESSES:
1.
CONSULTANT
LBFH, INC.
By: -
(Corporate Seal)
G:\attorney-shareWGREEMENTS\LBFH Agreement 2004-2005 - ENGINEERING SVCS.doc
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EXHIBIT A
SCOPE OF WORK
A.
B.
C.
D.
E.
F.
G.
H.
I.
CONSULTANT shall make its services available to CITY in a manner
satisfactory to the City Manager and City Council.
CONSULTANT will represent CITY in engineering matters, as directed by the
City Manager or designee.
CONSULTANT shall attend regular, special, or workshop meetings of the City
Council and meetings of the CITY Advisory Boards as directed by the City
Manager or designee.
CONSULTANT shall make such technical investigations, as the City Manager
or designee deems necessary, and submit its findings and recommendations
to the City Manager or designee.
CONSULTANT shall, as requested by the City Manager or designee, review
land development applications submitted to CITY for compliance and
consistency with applicable codes and make such recommendations as are
necessary regarding engineering, surveying, and other technical matters.
CONSULTANT shall, as directed by the City Manager, review the
construction of capital improvements and site improvements by persons or
entities other than CITY.
CONSULTANT shall perform professional engineering services for design,
preparation of construction plans and specifications, permitting, bidding, and
services during construction for capital improvements undertaken by CITY.
CONSULTANT shall assist CITY in dealing with issues of
regulatory/permitting compliance, including occurrences of hazardous waste
and pollution of natural resources within CITY’S jurisdiction.
CONSULTANT shall provide support services to CITY for surveying and
mapping, including Geographic Information Systems (GIs).
EXHIBIT B
TIME AND EXPENSE RATES
The rates and charges shown below are used to calculate invoice amounts for services
rendered on a Time and Expense basis .
A . Personnel Hourly Billing Rates:
Project Director .................................................................... $1 34.00
Sr . Client Service Manager .................................................. $128.00
Client Service Manager ....................................................... $107.00
Sr . Project Engineer ............................................................. $107.00
Project Engineer V ............................................................... $10 5.00
Project Engineer IV ............................................................... $ 94.00
Project Engineer Ill ............................................................... $ 88.00
Project Engineer II ................................................................ $ 82.00
Project Engineer I ................................................................. $ 76.00
Designer ............................................................................... $ 85.00
Sr . Designer ........................................................................... $91 . 00
Survey Client Service Manager ............................................ $ 96.00
Sr . Professional Surveyor & Mapper ..................................... $91 . 00
Professional Surveyor & Mapper .......................................... $ 80.00
Engineering & Survey Technician II ...................................... $ 74.00
Engineering & Survey Technician I ....................................... $ 64.00
Sr . Field Representative ....................................................... $91 . 00
Field Representative II .......................................................... $ 74.00
Field Representative I ........................................................... $ 59.00
Survey Crew ........................................................................ $107.00
GPS Equipment .................................................................... $ 38.00
Administrative Support .......................................................... $ 38.00
B . Outside contractual services secured by CONTRACTOR on CITY'S behalf shall
be reimbursed at 103% of CONTRACTOR'S cost .
EXHIBIT C
CLIENT LIST
Palm Beach County
Northern Palm Beach County Improvement District
Seacoast Utility Authority
Kolter Development Corp.
Watermark Communities, Inc.
Florida Department of Transportation
The Gables
Centex Homes
Tech Village Partners II
- + >..'
334267379
373733191
. ..
TOTAL P.@