Loading...
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