HomeMy WebLinkAbout2009-04-07 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
TUESDAY, APRIL 7, 2009
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the CitX
Commission to order at 7:00 p.m. in Chambers at Tamarac City Hall, 7525 NW 88
Avenue, Tamarac, FL 33321.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad,
Commissioner Pamela Bushnell, Commissioner Diane Glasser, and Commissioner
Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Julie Klahr and
Assistant City Clerk Patricia Teufel
Commissioner Pamela Bushnell led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming April
I 17 and 18, 2009 as "Relay For Life Days". (Requested by Frances Z. Wilson, American
Cancer Society Relay for Life Tamarac, Chairperson) Mayor Talabisco expressed
j condolences for the passing on April 4, 2009 of Joe Van Wagner, after a valiant battle
with cancer. Mr. Van Wagner was a volunteer Veteran's Advisor for over 5 years.
Mayor Talabisco invited Jackie McNeany to speak about being a breast cancer survivor
for over 5 years.
b. Presentation by Mayor Beth Flansbaum-Talabisco of a proclamation proclaiming
the week of May 17-23, 2009 as "National Public Works Week". (Requested by Public
Works Director Jack Strain) Public Works Director Jack Strain accepted.
C. Presentation by Mayor Beth Flansbaum-Talabisco of a proclamation proclaiming
the week of April 12-18, 2009 as "Paralyzed Veterans of America Awareness Week".
(Requested by Mayor Beth Flansbaum-Talabisco)
REPORTS
2. Commissioner Bushnell said there are bills in the House and Senate relating to
homeowner insurance and people will be given choices. If a person chooses Citizens
they may pay a higher premium and a person who chooses to go to another insurer
may pay lower premium. Commissioner Bushnell said that while attending the Broward
League of Cities seminar for newly elected officials they were informed that there will be
City Commission Regular Meeting
Tuesday, April 7, 2009
Page 1 of 6
a census in 2010 and how important it is to get an accurate count of all citizens in
Tamarac. Commission Bushnell said she was excited that Tamarac University starts
next week and wished everyone a Happy Passover and Easter. Mayor Talabisco
confirmed Commissioner Bushnell will continue to track the insurance issue and keep
the Commission informed.
Vice Mayor Atkins -Grad said she has attended numerous homeowner association
meetings and recently spoke at Millennium Middle School's Career Day. Vice Mayor
Atkins -Grad reported that there was enough food collected at Challenger Elementary
School's food drive to fill two trucks, and congratulated Ms. McMurray and everyone
who donated food. Vice Mayor Atkins -Grad said she also attended Peter Cottontail's
"Wet & Wild Egg Hunt", and wished everyone a happy holiday season.
Commissioner Glasser said she attended the Employee Recognition Luncheon last
week and was pleased to see how management treats Tamarac's employees.
Commissioner Glasser also attended the Broward League of Cities seminar for newly
elected officials and among other things, learned about interacting with the state
legislature, the federal stimulus, the census, and how important it is to get an accurate
census count as the amount of money Tamarac receives is based on this information.
Commissioner Glasser said that overall she found the seminar very interesting and
educational. Mayor Flansbaum-Talabisco said Tamarac is fortunate to have someone
like Commissioner Glasser, who even though she has a tremendous historical
knowledge of Tamarac, can still look at things with fresh eyes.
Commissioner Dressler gave special thanks to Congressman Kendrick Meeks who is
involved with veteran's affairs, and who brought to the public's attention a recent issue
pertaining to the VA hospital in Miami -Dade. Commission Dressler asked City Manager
Miller to send a letter of thanks to Congressman Meeks for his involvement in Veteran's
Affairs and issues. Commissioner Dressler said he is honored that upon
recommendation of Rhonda Calhoun, Executive Director of the Broward League of
Cities, he was invited by Coral Springs Medical Center's CEO Patrick Maloney to join
the Community Relations Council. Commissioner Dressler reported the Investment
Advisory Committee is working to develop a new investment policy statement, and he
will keep the Commission updated as to its progress. Commissioner Dressler wished
everyone a Happy Passover and Easter.
Mayor Flansbaum-Talabisco said she was recently at a Kings Point meeting with
Commissioner Glasser and was approached by Marvin Scharfman, an 80 year old
resident, regarding the closure of the roller hockey rink. Thanks to Greg Warner and
his staff the rink is now open on a daily basis for open skating. Mayor Flansbaum-
Talabisco said she will be sending a personal note to Congresswoman Debbie
Wasserman -Schultz inviting her to the Tamarac Relay for Life, and spoke of the article
that appeared in Sunday's Sun -Sentinel. Mayor Flansbaum-Talabisco reported that she
has been in touch with the Florida Turnpike Authority and has been advised the
City Commission Regular Meeting
Tuesday, April 7, 2009
Page 2 of 6
Southbound SunPass ramp at Commercial Boulevard will be closed beginning April 2"d
for five weeks; they have provided her with alternate routes to avoid the area.
Commissioner Bushnell commented on the hazardous driving conditions in that area.
Mayor Flansbaum-Talabisco said we should alert residents of the project and she will
share the press release with Public Information Specialist Quinn and send an email
blast. Mayor Flansbaum-Talabisco said she has been notified by Jodi Bock Davidson of
Congresswoman's Wasserman-Schultz's office that Tamarac will be the recipient of
$544,900 in grant funds under the Energy Efficiency and Conservation Block Grant
Program funded by the American Recovery and Reinvestment Act. Mayor Flansbaum-
Talabisco added Tamarac recently received an $85,000 grant for the COPS Program.
Commissioner Dressler thanked Mayor Flansbaum-Talabisco for all the work she has
done towards obtaining these grants. Mayor Flansbaum-Talabisco wished everyone a
Happy Passover and Easter.
3. Assistant City Attorney Klahr provided the Commission with a copy of the
proposed Stipulated Settlement Agreement between the State of Florida, Department
of Community Affairs and Palm Beach County (attached hereto and incorporated
herein) and gave a brief overview of the history of the University Drive extension issue
and the Stipulated Settlement Agreement. Assistant City Attorney Klahr said this
Agreement basically takes the University Drive extension off the map. Assistant City
Attorney Klahr said that City Attorney Goren will be in touch with the Commission and
continue to work with the City Manager so that when this matter goes to Palm Beach
County for their consideration and approval he will appear to strenuously object to the
Agreement for the record.
Vice Mayor Atkins -Grad said she was very proud to be honored, along with Mayor
Flansbaum-Talabisco, by the Realtors Association of Broward County. There was a
general discussion regarding the University Drive extension, alternative routes and
public transportation.
4. City Manager Miller reported that BSO will sponsor a Shred-A-Thon on Saturday,
April 18, 2009 from 9:00 am to 12:00 pm at the Kings Point Clubhouse north parking lot.
City Manager Miller welcomed BSO Lt. Julian Olvang back to Tamarac and is looking
forward to working with him again. On March 24th Community Development hosted its
first Neighborhood Stabilization program with 75 of 150 applicants in attendance. A
second work shop will scheduled at a later date. Tamarac has $4.7 million in stimulus
funds to aid first time home buyers and we just received approval from HUD on our plan
for distribution. City Manager Miller said Community Development Director Bramley
and Housing Administrator Bauldree have done a great job. Public Works received
notice from the Broward County Resource Recovery Board they will be receiving $7,500
for the purchase of recycling bins. The Finance Department received notice that the
have received the GFOA Award for fiscal year ending October 31, 2008. This is the 12
year that they have received this award and a more formal presentation to the Mayor
and Commission will be made in the future. Commissioner Dressler said during his
City Commission Regular Meeting
Tuesday, April 7, 2009
Page 3 of 6
attendance at the Bonaire homeowner association meeting he was told of an issue
regarding garbage and recycling pickup; staff was able to fix the problem. City Manager
Miller said he would pass that along to Budget/Contract Manger Gies.
PUBLIC PARTICIPATION
5. PUBLIC PARTICIPATION: No one appeared to speak.
CONSENT AGENDA
6. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval of all
items on the consent agenda. On roll call Commissioner Dressler voted "yes",
Commissioner Glasser "yes", Commissioner Bushnell "yes", Vice Mayor Atkins -Grad
"yes" and Mayor Talabisco "yes". Motion carried.
a. Approval of the Minutes of the March 25, 2009 Commission Meeting.
APPROVED
b. TR11593 DEVELOPMENT REVIEW FEE SCHEDULE: A Resolution of the City
Commission of the City of Tamarac, Florida, amending the Community Development
Department's Development Review Fee Schedule to reflect the "Administrative Minor
Revised Site Plan" application involved in the processing of development actions within
the City of Tamarac for a fee amount of $250.00; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION NO.2009-45
C. TR11599 AUTHORIZING A FOUR -WEEK CONSECUTIVE PERIOD IN 2009
DURING WHICH THE CITY COMMISSION WILL NOT SCHEDULE ANY REGULAR
MEETINGS: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing a four -week consecutive period July 27, 2009 to August 21, 2009 during
which time the City Commission will not schedule any regular meetings pursuant to
Section 4.06 of the City Charter; providing for conflicts; providing for severability; and
providing an effective date.
RESOLUTION NO. 2009-46
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCE — FIRST READING
7. TO2173 DANGEROUS DOG ORDINANCE: Motion to adopt Ordinance on
amending Chapter 4 of the City's Code of Ordinances, entitled "Animals", by
specifically amending Section 4.3, entitled "Animal Bites; Reporting; Quarantine of
Animal'; providing regulations for dangerous dogs; providing for the reporting of
dangerous dog bite incidents; providing for registration, insurance and quarantine
City Commission Regular Meeting
Tuesday, April 7, 2009
Page 4 of 6
requirements for dangerous dogs; providing for enforcement; providing for
consistency with the Florida Statutes; providing for codification; providing for
conflicts; providing for severability; and proving for an effective date. Assistant City
Attorney Klahr read Temporary Ordinance 2173 on first reading by title. Commissioner
Dressler seconded by Vice Mayor Atkins -Grad moved adoption. Assistant City Attorney
Klahr gave a presentation. Commissioner Dressler asked if there is a time frame within
which a dog must be removed, should it come to that, and if there are any
consequences if the time frame is not adhered to. Assistant City Attorney Klahr replied
that it would be included in the Special Magistrate's order and if not complied with it
would result in a code violation, with a fine and a lien placed on the property until such
time as the owners) complied. Mayor Talabisco expressed concern about the time
lapse between an incident and when the matter actually goes before the Special
Magistrate. Assistant City Attorney Klahr said they would work with staff to make sure
the hearings take place as soon as possible but we have to make sure due process
rights are protected. The City Attorney's office will take another look at the ordinance to
tweak it before the 2"d reading on April 22nd
Mayor Flansbaum-Talabisco opened the public hearing. Bobby Pohlman, 8282 NW
68th Avenue, said what Tamarac is doing with this code is the right thing. Her son was
mauled by a beagle when he was 8 years old and she spoke of the recent dog incidents
in her neighborhood. Ms. Polhman said this code is fair and impartial; however, it is
unclear as to specific criteria and a time frame. F.S. Sec. 767 addresses time frames
and Sec. 767.12 allows for additional sanctions. Ms. Pohlman asked the Commission
to revisit the ordinance and make sure that it is clear. With no one else wishing to
speak Mayor Flansbaum-Talabisco closed the public hearing.
On roll call Commissioner Glasser voted "yes", Vice Mayor Atkins -Grad "yes",
Commissioner Dressler "yes", Commission Bushnell "yes" and Mayor Flansbaum-
Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING APRIL 7, 2009
Commissioner Dressler said over the last several years, he cannot think of one piece of
legislation passed by this Commission that would have this impact in terms of
prevention of the death of an animal or a human. This ordinance deals with the
protection of life in a direct way and is very meaningful, because when all is said and
done, he is honored to be part of saving and preserving a life. Commissioner Dressler
spoke of the tremendous amount of work that went into this ordinance.
PUBLIC HEARING(S) 7:00 PM OR THEREAFTER
ORDINANCE — SECOND READING
8. TO2172 - LIEN SEARCH FEES: Motion to adopt Ordinance on second reading
amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance
and Taxation'; by specifically amending Section 6-37 entitled "Requests for
City Commission Regular Meeting
Tuesday, April 7, 2009
Page 5 of 6
Information Concerning Outstanding City Liens"; providing for an increased service
charge from $35.00 to $50.00 for processing requests for information pertaining to
outstanding city liens; providing for a $25.00 service charge for follow-up lien
searches conducted within three (3) months of an initial search; providing for
codification; providing for conflicts; providing for severability; and providing for an
effective date. Assistant City Attorney Klahr read Temporary Ordinance 2172 on
second reading by title. Vice Mayor Atkins -Grad seconded by Commissioner Bushnell
moved adoption. Mayor Flansbaum-Talabisco opened the public hearing and with no
one wishing to speak, closed the public hearing. On roll call Vice Mayor Atkins -Grad
voted "yes", Commissioner Dressler "yes", Commissioner Glasser "yes", Commissioner
Bushnell "yes" and Mayor Talabisco "yes". Motion carried.
ADOPTED ON FIRST READING MARCH 25, 2009
ADOPTED ON SECOND READING APRIL 7, 2009
ORDINANCE NO. 02009-02
QUASI-JUDICIAL HEARINGS
There were no Quasi-judicial hearings.
END OF QUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the meeting at 8:05 p.m.
Patricia Teufe
Assistant City
Beth Fl6nsbaLfrn-Talabisco,
Mayor
City Commission Regular Meeting
Tuesday, April 7, 2009
Page 6 of 6
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
And
CITY OF CORAL SPRINGS, FLORIDA;
CITY OF TAMARAC; and THE CITY
OF COCONUT CREEK, FLORIDA,
Intervenors,
V.
PALM BEACH COUNTY,
Respondent,
and
TRIPLE H. RANCH PROPERTY, LTD.;
DEBUYS PROPERTY INVESTMENT
GROUP, LDT; and CITY OF PARKLAND
Intervenors.
DOAH Case No. 07-5238GM
STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the
State of Florida, Department of Community Affairs and Palm Beach County as a complete and
final settlement of all claims raised in the above -styled proceeding.
RECITALS
WHEREAS, the State of Florida, Department of Community Affairs (DCA or
Department), is the state land planning agency and has the authority to administer and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
163, Part II, Florida Statutes; and
WHEREAS, Palm Beach County (Local Government) is a local government with the
duty to adopt comprehensive plan amendments that are "in compliance;" and
WHEREAS, the Local Government adopted Comprehensive Plan Amendment 07-01
(Plan Amendment) by Ordinance Nos. 2007-008 through 2007-012 on August 27, 2007; and
WHEREAS, the Department has determined that the amendments adopted by Ordinances
2007-009 through 2007-012 meet the requirements of Chapter 163, Part II, Florida Statutes, and
are in compliance; and the amendment adopted by Ordinance 2007-008 does not meet the
requirements of Chapter 163, Part II, Florida Statutes, and is not in compliance; and
WHEREAS, the Plan Amendment adopted by Ordinance 2007-008 proposes to delete the
University and Riverside Drive extensions; and
WHEREAS, the Department issued its Statement and Notice of Intent regarding the
Amendment on October 26, 2007; and
WHEREAS, as set forth in the Statement of Intent, the Department contends that the
Amendment is not "in compliance" because the Local Government failed to provide acceptable
transportation alternatives or mitigation strategies in response to the proposed deletion of
University Drive from Lox Road to Palmetto Park Road and Riverside Drive from Palmetto Park
Road to Glades Road that will achieve and maintain adopted roadway level of service standards;
and
WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the
above -styled formal administrative proceeding challenging the Amendment; and
WHEREAS, the Local Government disputes the allegations of the Statement of Intent
regarding the Amendment; and
WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy
litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their
respective mutual best interests to do so;
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree
as follows:
GENERAL PROVISIONS
Definitions. As used in this agreement, the following words and phrases shall
have the following meanings:
a. Act: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes.
b. Agreement: This stipulated settlement agreement.
C. Comnrehensive Plan Amendment or Plan Amendment: Comprehensive
plan amendment 07-01 adopted by the Local Government on August 27, 2007, as Ordinance No.
2007-008.
d. DOAH: The Florida Division of Administrative Hearings.
e. In compliance or into compliance: The meaning set forth in Section
163.3184(1)(b), Florida Statutes.
£ Notice: The notice of intent issued by the Department to which was
attached its statement of intent to find the plan amendment not in compliance.
g. Petition: The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment, submission of support
document or other action described in the statement of intent or this agreement as an action
which must be completed to bring the plan amendment into compliance.
i. Remedial Plan Amendment: An amendment to the plan or support
document, the need for which is identified in this agreement, including its exhibits, and which
the local government must adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with
and substantially similar in concept and content to the ones identified in this Agreement or be
otherwise acceptable to the Department.
Statement of Intent: The statement of intent to find the Plan Amendment
not in compliance issued by the Department in this case.
k. Support Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the Plan Amendment or Remedial
Plan Amendment.
2. Department Powers. The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Plan
Amendment is in compliance.
3. Neyotiation of Agreement. The Department issued its Notice and Statement of
Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that
effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the
issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of
this Agreement to resolve fully all issues between the parties in this proceeding.
4. Dismissal. If the Local Government completes the Remedial Actions required by
this Agreement, the Department will issue a cumulative Notice of Intent addressing both the
Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The
Department will file the cumulative Notice of Intent with the DOAH. The Department will also
file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for
realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes.
5. Description of Provisions not in Compliance and Remedial Actions,• Legal Effect
of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies
the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance.
Exhibits A and B are incorporated in this Agreement by this reference. This Agreement
constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will
be in compliance.
6 Remedial Actions to be Considered for Adoption. The Local Government agrees
to consider for adoption by formal action of its governing body all Remedial Actions described
in Exhibit B no later than the time period provided for in this Agreement.
7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after
execution of this Agreement by the parties, the Local Government shall consider for adoption all
Remedial Actions or Plan Amendments and amendments to the Support Documents. This may
be done at a single adoption hearing. Within 10 working days after adoption of the Remedial
Plan Amendment; the Local Government shall transmit 5 copies of the amendment to the
Department as provided. in Rule 9J-11.011(5), Florida Administrative Code. The Local
Government also shall submit one copy to the regional planning agency and to any other unit of
local or state government that has filed a written request with the governing body for a copy of
the Remedial Plan Amendment and a copy to any party granted intervenor status in this
proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a
letter which describes the remedial action adopted for each part of the plan amended, including
references to specific portions and pages.
8. Acknowledgment. All parties to this Agreement acknowledge that the "based
upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan
Amendment.
9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days
after receipt of the adopted Remedial Plan Amendments and Support Documents, the
Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the
adopted amendments in accordance with this Agreement.
a. In Compliance: If the adopted Remedial Actions satisfy this Agreement,
the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment
and the Remedial Plan Amendment as being in compliance. The Department shall file this
cumulative notice with DOAH and shall move to realign the parties or to have this proceeding
dismissed, as may be appropriate.
b. Not in Compliance: If the Remedial Actions do not satisfy this
Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in
compliance and shall forward the notice to DOAH for consolidation with the pending
proceeding.
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be
counted toward the frequency restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
11. Purpose of this Agreement Not Establishing Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Plan Amendment. The acceptance of proposals for
purposes of this Agreement is part of a negotiated agreement affecting many factual and legal
issues and is not an endorsement of, and does not establish precedent for, the use of these
proposals in any other circumstances or by any other local government.
12. Approval by Governing Body. This Agreement has been approved by the Local
Government's governing body at a public hearing advertised at least 10 days prior to the hearing
in a newspaper of general circulation in the manner prescribed for advertisements in Section
163.3184(15)(c), Florida Statutes. This Agreement has been executed by the appropriate officer
as provided in the Local Government's charter or other regulations.
13. Changes in Law. Nothing in this Agreement shall be construed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shall take precedence and
shall be deemed incorporated in this Agreement by reference.
14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect
the rights of any person not a party to this Agreement. This Agreement is not intended to benefit
any third party.
15. Attorney Fees and Costs. Each party shall bear its own cost§, including attorney
fees, incurred in connection with the above -captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon
execution by the Department and the Local Government.
17. Filing and Continuance. This Agreement shall be filed with DOAH by the
Department after execution by the parties. Upon the filing of this Agreement, the administrative
proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with
Section 163.3184(16)(b), Florida Statutes.
18. Retention of Right to Final Hearing. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this
Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to
have this matter set for hearing if it becomes apparent that any other party whose action is
required by this Agreement is not proceeding in good faith to take that action.
19. Construction of Agreement. All parties to this Agreement are deemed to have
participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the
parties agree that such ambiguity shall be construed without regard to which of the parties
drafted the provision in question.
20. Entire Agreement. This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document.
21. Governmental Discretion Unaffected. This Agreement is not intended to bind the
Local Government in the exercise of governmental discretion which is exercisable in accordance
with law only upon the giving of appropriate public notice and required public hearings.
22. Multiple Originals. This Agreement may be executed in any number of originals,
all of which evidence one agreement, and only one of which need be produced for any purpose.
23. Captions. The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
In witness whereof, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
CHARLES GAUTIER, AICP
Director, Division of Community Planning
Date
PALM BEACH COUNTY
By:
[Name]
[Title]
Date
Approved as to form and legality:
Assistant General Counsel
Date
Approved as to form and legality:
[Local Government Attorney]
Date
Exhibit 1
A. Future Land Use Element, to revise related to the University Drive and Riverside Drive
removal.
REVISIONS: To add a policy related to the designation of SR 7 as a Transit Oriented
Corridor. The revision is shown with the added text underlined.
NEW 4.4.9 Transit Oriented Corridor
funding and Palm Beach County will strongly encoui C ulc will IGOVII v. .nv —'--
by the end of March 2010 and will coordinate with other parties to effectuate the
completion of the Study by that date.
Settlement Agreement 1 University Dr. & Riverside Dr Removal
B. Transportation Element, to revise related to the University Drive and Riverside Drive
removal.
REVISIONS: To revise, update, and add policies related to the designation of SR 7
between the Broward County line and Glades Road as a Transit Oriented Corridor, the
provision of mass transit along SR 7, the designation of CRALLS on SR 7, the removal of
University Dr related policy 1.4-u.2, and the completion of Turnpike PD&E, Glades Rd
PD&E, SR 7 PD&E and Boca Raton MMTD. The revision is shown with the deleted text
stFusk eut and the added text underlined.
NEW Policy 1.1-p: SR 7 Transit -Oriented Corridor
in Palm Beach County's land development regulations)
Element.
Settlement Agreement 2 University Dr. & Riverside Dr Removal
Policy 1.2-f: The Palm Beach County Board of County Commissioners finds the following
facilities are constrained facilities and development orders shall be evaluated using the
specific level of service standards identified herein instead of the Policy 1.1-b general level
of service standards. A County amendment to consider a CRALLS designation will rely
upon, as appropriate, the data and analysis provided by the local government requesting
the CRALLS designation. Mitigation measures shall be required for any new CRALLS
designation adopted after 2001, pursuant to Policy 1.2-q.
(unaltered text omitted for brevity)
1) SR 7 from Broward County line to Glades Road as 6 lanes plus 2 transit/special
use lanes
Peak hour peak direction standard 3010 vehicles per hour
a)
b)
mltlnnI l.G
Program appropriate phases leading t0 construction of such improvements once
projected to be needed.
Policy 1.4-u: The following notes reflect conditions associated with roadway segments
in the County's Thoroughfare Right of Way Identification Map (TIM):
Settlement Agreement 3 University Dr. & Riverside Dr Removal
The extension of Jog Road (Ryder Cup Boulevard) is shown as a public way: from
Northlake Boulevard to Thorton Drive, Jog Road is a 120 foot right-of-way with four
lanes; from Thorton Drive to Carrick Road, Jog Road is a 60 foot right -of way with two
lanes, with the remaining 60 feet of right-of-way owned by the Northern Palm Beach
County Water Control District restricted to such uses as public utilities, open space,
drainage, pathways and landscaping; and from Carrick Road to PGA Boulevard, Jog
Road is a 120 foot right-of-way with four lanes.
23.SR A1A, from the Broward County/Palm Beach County line to Indiantown Road and
from U.S. 1 to the Palm Beach County/Martin County line is restricted to a two-lane
roadway.
34. Lyons Road, from Southern Boulevard to Lake Worth Road, is a 100 foot section that
shall be restricted to two through lanes with the remaining right-of-way to be used for
drainage, landscaping, pathways, turning lanes, and bicycle paths.
43. Hood Road, from Alternate Al to Prosperity Farms Road, is a 60 foot section that shall
be restricted to two through lanes with an additional 50 feet to be used for landscaping
and buffering.
56.Jog Road, from Hood Road to approximately 3500 feet north of Hood Road (up to the
northern edge of Old Marsh Property), is a 60 foot section and the remaining portion of
Jog Road up to Donald Ross Road is a 100 foot section that shall be restricted to two
through lanes with the excess right-of-way to be used for drainage, landscaping,
pathways, turning lanes, and bicycle paths. This 60- foot restriction does not apply to
locations where roundabouts are needed or where the County Engineer requires
additional right-of-way.
purpose.
support transit alternatives on Glades Road.
Settlement Agreement 4 University Dr. & Riverside Dr Removal
C. Intergovernmental Coordination Element, to revise related to the University Drive and
Riverside Drive removal.
REVISIONS: To add policies to enhance the County's coordination efforts related to the
removal of University Dr. and Riverside Dr. The revision is shown with the added text
underlined.
respective County.
and the Broward County to do the same.
Settlement Agreement 5 University Dr. & Riverside Dr Removal
D. Map Series, to revise map TE 1.1 & 14.1 with regards to University Drive, Riverside
Drive, Palmetto Park Rd, and State Road 7.
REVISIONS: To add a note related to a provision of exclusive transit/special use lanes
on SR 7 from Broward County Line to Glades Rd on map TE 1.1, to depict Palmetto Park Rd
from Lyons Rd to Powerline Rd as 8 lanes on map TE 1.1, to remove University Dr. and
Riverside Dr. from Lox Road to Palmetto Park Rd. from maps TE 1.1 and TE 14.1, and to
remove the note (Policy 1.4-u.2) on map TE 14.1
Settlement Agreement 6 University Dr. & Riverside Dr Removal