CITY OF PARKLAND FLORIDA

Transcription

1 CITY OF PARKLAND FLORIDA REGULAR COMMISSION MEETING Wednesday, November 18, 2015 at 7:00 PM Parkland City Hall Commission Chambers 6600 University Drive Parkland, Florida Michael Udine... Mayor Stacy Kagan... Vice Mayor Mark Weissman... Commissioner Christine Hunschofsky... Commissioner David Rosenof... Commissioner Caryn Gardner-Young... City Manager Jennifer Johnson... City Clerk Andrew Maurodis... City Attorney

2 Regular Meeting City Commission Agenda November 18, 2015 Page 2 GENERAL RULES AND PROCEDURES CITY OF PARKLAND CITY COMMISSION MEETINGS WHO MAY SPEAK Meetings of the City Commission are open to the public. They are not however, public forums. Any resident who wishes to address the Commission, on any subject within the scope of the Commission s authority, may do so providing it is accomplished in an orderly manner and in accordance with any procedures outlined below: A. SPEAKING ON ITEMS ON THE AGENDA 1. CONSENT AGENDA ITEMS: These are items which the Commission does not need to discuss individually and which are voted on as a group. Any Commission member who wishes to discuss any individual item on the consent agenda may request the Mayor to pull such items from the consent agenda. These items pulled will be discussed and voted upon individually. 2. REGULAR AGENDA ITEMS: These are items which the Commission will discuss individually in the order listed on the agenda. After the Commission has discussed an item on the agenda, the Mayor will close Commission discussion and may inquire as to whether any citizen wishes to be heard on the matter. B. SPEAKING ON SUBJECTS NOT ON THE AGENDA Any resident may address the Commission on any item not on the agenda during public input. ADDRESSING THE CITY COMMISSION, MANNER, TIME Individuals will be limited to three minutes speaking time. All comments or questions of the public are to be directed to the Mayor as presiding officer only. There shall be no cross conversations or questions of any other persons. Citizens wishing to be heard shall raise their hands until acknowledged by the Mayor. Once acknowledged, those citizens shall come forward and state their name and address. Anyone wishing to speak a second time on the same subject must receive permission from the Mayor. DECORUM In order to adjourn a City Commission meeting, it must be voted on by the Commissioners.

3 Regular Meeting City Commission Agenda November 18, 2015 Page 3 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. NOV. 4, WORKSHOP MINUTES B. NOV. 4, REGULAR MEETING MINUTES 5. COMMENTS FROM THE PUBLIC 6. PROCLAMATIONS AND RECOGNITIONS A. PROCLAMATION - SUPPORT OF ANTI-BULLYING AT PARKLAND SCHOOLS B. 3 HEART STRINGS - PARKLAND CHARITY GROUP C. WEST GLADES MIDDLE SCHOOL - GIRLS SOCCER TEAM D. WEST GLADES MIDDLE SCHOOL - BAND & CHORUS 7. COMMENTS BY THE MAYOR AND COMMISSION 8. APPROVAL OF THE AGENDA 9. CONSENT AGENDA A. RESOLUTION NO : EMERGENCY SIGNAL PREEMPTION DEVICE INSTALLATION PROJECT A Resolution of the City Commission of the City of Parkland, Florida, to award the Emergency Signal Preemption Device Installation Project to Transportation Control Systems, Inc., in an amount not to exceed $34,228.00, and to authorize the appropriate City Official to execute a contract B. RESOLUTION NO : A RESOLUTION TO APPROVE THE PURCHASE OF TURF AND BASEBALL FIELD MAINTENANCE EQUIPMENT A Resolution of the City Commission of the City of Parkland,

4 Regular Meeting City Commission Agenda November 18, 2015 Page 4 Florida, approving an increase in expenditures, with Hector Turf in an amount not to exceed $77,000.00, authorizing an expense in the amount of $71, for two (2) sand pro model 5040 and one (1) grounds master model 3505-D mower, which will exceed $25, being paid to Hector Turf for the Fiscal Year; C. RESOLUTION NO : A RESOLUTION TO AUTHORIZING THE PIGGYBACK OF THE FLORIDA SHERIFF S CONTRACT # A resolution of the City Commission of the City of Parkland, Florida, authorizing the piggyback of the Florida Sheriff s Association Contract for the purchase of two Ford F pickup trucks and approve the allowable funding in an amount not to exceed $50, to Alan Jay Ford for this purchase; And providing for an effective date. 10. REGULAR AGENDA A. ORDINANCE NO : SECOND READING OF AN ORDINANCE AMENDING THE CITY OF PARKLAND'S SIGN CODE An Ordinance of the City of Parkland, Florida, amending the code of ordinances to amend the legislative findings, definitions, and regulations applicable to signs; providing for severability, conflicts, and for an effective date. B. PINE TREE ROADWAYS LETTER - "INDIVIDUAL STREET" ROADWAY IMPROVEMENTS C. ORDINANCE NO : SECOND READING OF FY2015 YEAR-END BUDGET AMENDMENT An ordinance of the City Commission of the City of Parkland, Florida, amending Ordinance No which ordinance did adopt the budget of the City of Parkland for Fiscal Year 2014/2015, and amending the City Budget thereby a dopted to cause and reflect by a transfer in the General Fund of $56,000, an increase in the Park & Community Improvement Fund by $1,780,000, a transfer in the Capital Projects Fund of $30,000 and an increase in the Capital Replacement Fund by $578,200; The sources on the increased revenue/ resources along with the destination of said expenditure appropriation of funds are as reflected below; Providing for severability and, Providing for an

5 Regular Meeting City Commission Agenda November 18, 2015 Page 5 effective date. D. RESOLUTION NO : PLANNING & ZONING BOARD APPOINTMENT A resolution of the City Commission, of the City of Parkland, Florida, to appoint one (1) at-large member to the Planning and Zoning Board. E. APPOINTMENT OF VICE MAYOR & DEPUTY VICE MAYOR 11. COMMENTS BY THE CITY MANAGER 12. COMMENTS BY THE CITY ATTORNEY ADJOURNMENT PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTERS CONSIDERED AT SUCH HEARING OR MEETING HE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HE WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (FLORIDA STATUTE ) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITY ACT AND FLORIDA STATUTE , PERSONS WITH DISABILI TIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK NO LATER THAN 48 HOURS PRIOR TO THE MEETING AT (954) FOR ASSISTANCE.

6 4.A WORKSHOP MINUTES Wednesday, November 4, 2015 at 6:00 pm 1. A Workshop of the City Commission of the City of Parkland, Florida was called to order by Mayor Michael Udine in Commission Chambers Wednesday, Nov. 4, 2015 at 6:00 p.m. 2. Mayor Michael Udine led the Pledge of Allegiance. 3. PRESENTATIONS/DISCUSSIONS: A. SPORTS LIGHTING AT PINE TRAILS PARK Parks and Recreation Director, Phil Biscorner, provided information regarding a few resident complaints about the sports lighting at Pine Trails Park. Biscorner stated the lights stay on till 10:15 p.m. because there is open play after the leagues have departed the field. The City of Parkland is the only City in Broward County that allows unpermitted play on the fields after league play has finished. The Commission requested staff bring back a plan for open play, permitted play and when the best time for the lights to be turned off at night. B. GOVERNMENT FUNDING OPTIONS Intergovernmental Relations Officer, Carole Morris, presented information regarding avenues to apply for government funding. (See attached presentation) The Commission recommended the best of course of action would be to identify projects during Strategic Planning, and then decide if and how applying for government funding work best for the City. C. CONCESSIONAIRE CONTRACT Parks and Recreation Director, Phil Biscorner, stated the concessionaire contract is scheduled to expire in February Staff is looking for direction on how to it would like to move forward. The Commission stated staff should consider two RFP s for concessionaire services. One to take care of the actual concessions, and one for the vending machines. The Commission would also like to have the City consider using healthy initiatives. Communication: Nov. 4, Workshop Minutes (Approval of Minutes) 4. ADJOURNMENT There being nothing further to discuss, Vice Mayor Kagan made a motion to adjourn. Commissioner Weissman seconded. The meeting adjourned at 6:43 p.m. Packet Pg. 6

7 Transcribed and submitted by City Clerk Jennifer Johnson 4.A ATTEST: MAYOR Michael Udine The above signature is the City Clerk of the City of Parkland, Florida, and the information provided herein are the Minutes of a Workshop held Wednesday, Nov. 4, 2015, which were formally approved and adopted by the City Commission on Wednesday, Nov. 18, PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTERS CONSIDERED AT SUCH HEARING OR MEETING HE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HE WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (FLORIDA STATUTE ) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITY ACT AND FLORIDA STATUTE , PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK NO LATER THAN 48 HOURS PRIOR TO THE MEETING AT (954) FOR ASSISTANCE. Communication: Nov. 4, Workshop Minutes (Approval of Minutes) Packet Pg. 7

8 4.B REGULAR MEETING MINUTES Wednesday, November 4, at 7:00 pm 1. A regular meeting of the City Commission, of the City of Parkland, Florida, was called to order by Mayor Michael Udine in Commission Chambers Wednesday, Nov. 4, 2015 at 7:01 p.m. 2. Mayor Michael Udine led the Pledge of Allegiance. 3. ROLL CALL Present: Commissioner Mark Weissman Commissioner Christine Hunschofsky Commissioner David Rosenof Vice Mayor Stacy Kagan Mayor Michael Udine Also Present: City Manager Caryn Gardner-Young City Attorney Andrew Maurodis City Clerk Jennifer Johnson 4. APPROVAL OF MINUTES: A. October 21, 2015 Regular Meeting Commissioner Weissman made a motion to approve the Oct. 21, 2015 minutes. Vice Mayor Kagan seconded the motion. Motion passed unanimously. 5. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. FROM THE PUBLIC Darryl Bartlett, 6581 NW 103 rd Lane, Parkland, Florida, expressed his concerns regarding closing the YMCA. Bartlett would like to know the date of closing and what services will be continued, staff members and third party instructors, and costs for the new memberships once opened. Communication: Nov. 4, Regular Meeting Minutes (Approval of Minutes) Delores Bass, 6413 NW 103 Terrace, Parkland, Florida, expressed her support of closing the YMCA, however, she has concerns about the current staff and costs per classes. RoseAnn Slifko, NW 66 Street, Parkland, Florida, expressed her concern for increased usage of golf carts to transport children to the schools. It is causing problems in our community because if you don t enforce on the streets, we can t enforce in our community. Packet Pg. 8

9 REGULAR MEETING MINUTES Nov. 4, 2015 PAGE 2 4.B COMMENTS BY MAYOR AND COMMISSION Vice Mayor Kagan commented on the incredible turnout at the Farmer s Market. Kagan also stated the left turn lane light at Nob Hill Road between Parkland Reserve and Heron Bay is hopefully going to be completed by the end of January Commission Hunschofsky welcomed, and thanked everyone from attending. Congratulations to everyone being recognized. Hunschofsky also stated that she greatly enjoyed volunteering to speak to 3 rd graders when the City hosted Government Day. Commissioner Weissman stated there were 2,220 vehicles at the Farmer s Market Sunday, and the City had 98 vendors. Weissman reminded everyone that Anthony Rizzo s Walk-Off for Cancer is Nov. 15. Mayor Udine commented on the great turn-out at the Farmer s Market and reported an issue with improper parking on the side. When the Community Center was built several years ago, there was no way for the City to run it effectively. We have had a fabulous partnership with the Y and there is no ill-will to the Y. After a few years of them being there, it became apparent they could not financially operate on their own and the City allocated funds to cover deficits. It was more than $100,000 most years. The lease was expiring, and the City determined we need the space. As the City has grown out, the City now needs the space and staff is now capable of operating it. The Parks Department will now be able to provide at a higher level and we plan to do more with the facility than what is being done with the Y now. We don t know all the details at this point, but we know the YMCA will offer after-school care until the end of the school year. Classes will continue, but the equipment is leased by the YMCA and will be moved out. The City is still in the process of working out the details and no price structure has been determined. As far as we are concerned, we want it to be as smooth and as costeffective for everyone as possible. Our Parks Director, Phil, has been great about answering questions and we will continue to address questions as they come up. Udine added, current membership fees with the YMCA will need to be worked out with the YMCA. Lastly, Udine, wanted to thank staff for everything staff did for the Farmer s Market and the Trunk or Treat event. It is another event Parkland is doing better than most providers out there. It will be no different with the Y. Give us a couple months, and it will be better than what it is now. 6. PROCLAMATIONS AND SPECIAL RECOGNITIONS A. Broward Sheriff s Office Deputy Louis Scholtz Mayor Udine provided a Certificate of Recognition to Deputy Scholtz for his courageous effort saving a disoriented elderly woman who drove her car into a Parkland lake. Communication: Nov. 4, Regular Meeting Minutes (Approval of Minutes) B. Marjory Stoneman Douglas Girls Volleyball Team Mayor Udine presented Certificates of Recognition to the Marjory Stoneman Douglas Girls Volleyball Team, and congratulated them on another incredible season. 7. APPROVAL OF AGENDA Commissioner Hunschofsky made a motion to approve the agenda. Vice Mayor Kagan seconded the motion. Motion passed unanimously. Packet Pg. 9

10 REGULAR MEETING MINUTES Nov. 4, 2015 PAGE 3 4.B 8. CONSENT AGENDA: A. RESOLUTION NO : AWARD FOR STORM DRAIN/CATCH BASIN:/ A resolution of the City Commission of the City of Parkland, Florida, awarding ITB # for Storm Drain/Catch Basin System Cleaning Services to the lowest responsive bidder, American Septic Services, LLC., in an amount not to exceed thirty three thousand eight hundred and ten dollars ($33,810.00) for a two (2) year period and to authorize the appropriate official to execute a contract; And providing for an effective date. B. RESOLUTION NO :/ MIDASCO CHANGE ORDER:/ A resolution amending the contract amount for MIDASCO, LLC., as approved by the City Commission through Resolution No for construction related changes to the Nob Hill Road and North Heron Bay Blvd./Parkland Reserve Blvd. Signal Installation Project and authorizing the appropriate City official to execute and amend the contract. C. RESOLUTION NO : PLANNING AND ZONING BOARD APPOINTMENT:/ A resolution of the City Commission of the City of Parkland, Florida, appointing Dominick Peri as Deputy Vice Mayor Weissman s regular member appointee to the Planning & Zoning Board. D. ORDINANCE NO :/ YEAR-END BUDGET AMENDMENT:/ An ordinance of the City Commission of the City of Parkland, Florida, amending Ordinance No which ordinance did adopt the budget of the City of Parkland for Fiscal Year 2014/2015, and amending the City Budget thereby adopted to cause and reflect by a transfer in the general fund of $56,000, an increase in the Park & Community Improvement Fund by $1,780,000, a transfer in the Capital Projects Budget Fund of $30,000 and an increase in the Capital Replacement Fund by $578,200; The sources on the increased Revenue/Resources along with the destination of said expenditure appropriation of funds are as reflected below; Providing for severability and; Providing for an effective date. (FIRST READING) Commissioner Weissman made a motion to approve the Consent Agenda. Commissioner Hunschofsky seconded the motion. Motion passed unanimously. 9. REGULAR AGENDA: A. ORDINANCE NO :/ AMENDING THE CITY S SIGN-CODE:/ An ordinance of the City of Parkland, Florida, amending the Code of Ordinances to amend the legislative findings, definitions, and regulations applicable to signs; Providing for severability, conflicts and for an effective date. (FIRST READING) City Manager, Caryn Gardner-Young, introduced Susan Trevarthan who was hired as an outside consultant to re-write the City s Sign Code. Trevarthan stated the Sign Code needed to be updated following a Supreme Court ruling that would have a direct effect on signage within the City. The language has been simplified to include the new requirements. Commissioner Weissman stated he would like a descriptive list of the staff recommendations for the next meeting. Communication: Nov. 4, Regular Meeting Minutes (Approval of Minutes) Packet Pg. 10

11 REGULAR MEETING MINUTES Nov. 4, 2015 PAGE 4 4.B Commissioner Weissman made a motion to approve Ordinance amending the Sign Code. Commissioner Hunschofsky seconded the motion. Mayor Udine opened for public comment. There being none, Mayor Udine closed public comment and the vote was as follows: Vice Mayor Kagan Yes, Commissioner Hunschofsky Yes, Commissioner Weissman Yes, Commissioner Rosenof Yes, and Mayor Udine Yes. The motion passed unanimously. B. RESOLUTION NO :/ AGREEMENT WITH STANLEY CONSULTANTS, INC.:/ A resolution of the City Commission of the City of Parkland, Florida, approving a work authorization form for engineering professional services with Stanley Consultant, Inc., for the design of emergency control traffic signals, and authorizing the appropriate City official to approve the work authorization form; And providing for an effective date. City Development Services Director, Sowande Johnson, stated the CCNA is for the design of emergency signals at Parkside Drive, Hillsboro Blvd., and in front of City Hall. Commission Hunschofsky made a motion to approve Resolution Commissioner Weissman seconded the motion. Mayor Udine opened for public comment. There being none, Mayor Udine closed public comment and the vote was as follows: Commissioner Rosenof Yes, Vice Mayor Kagan Yes, Commissioner Hunschofsky Yes, Commissioner Weissman Yes, and Mayor Udine Yes. The motion passed unanimously. C. RESOLUTION NO : WEST CONTRACT AMENDMENT FOR PINE TRAILS PARK:/ A resolution of the City Commission of the City of Parkland, Florida, to amend West Construction, Inc. existing Pine Trails Park Phase IV Construction Project contract amount for additional construction services in the amount of $1,330, and authorizing the appropriate City official to execute the amended contract; And providing for an effective date. City Development Services Director, Sowande Johnson, stated the contract amendment is within the budget for Pine Trails Park and this includes the time/costs for bathrooms. It essentially is allowing us to pay our bills and move forward with finishing the project as expected. Commissioner Weissman made a motion to approve Resolution Commissioner Hunschofsky seconded the motion. Mayor Udine opened for public comment. There being none, the vote was as follows: Commissioner Weissman Yes, Vice Mayor Kagan Yes, Commissioner Rosenof Yes, Commissioner Hunschofsky Yes, and Mayor Udine Yes. The motion passed unanimously. Communication: Nov. 4, Regular Meeting Minutes (Approval of Minutes) D. CONSIDERATION: UPDATE REGARDING FP&L LED STREET-LIGHTING PROJECT City Development Services Director, Sowande Johnson, provided the a presentation regarding the (See attached) Packet Pg. 11

12 REGULAR MEETING MINUTES Nov. 4, 2015 PAGE 5 4.B The consensus of the Commission was to move forward with the high-pressure sodium lights, because the timeline is 12-months versus 24-months to install the LED lights. With regard to lights being installed on University Drive, Johnson stated that will be a minimum of 24-months to complete because that includes work on the underground infrastructure. E. CONSIDERATION: ANNUAL COMMISSION BOARD APPOINTMENTS City Manager, Caryn Gardner-Young is seeking recommendations for the following appointments. Mayor Udine confirmed once Commissioner Rosenof s position as the Broward League of Cities President, he will remain on the Board of Directors. Commissioner Weissman made a motion to have Vice Mayor Kagan to be the City s Broward League of Cities representative, and Commissioner Hunschofsky to be the City s alternate. Commissioner Rosenof seconded the motion. The motion passed unanimously. Vice Mayor Kagan made a motion for Commissioner Mark Weissman be appointed to the Police Pension Board. Commissioner Rosenof seconded the motion. Motion passed unanimously. Vice Mayor Kagan made a motion for Commissioner Hunschofsky to be appointed to the Broward Metropolitan Planning Board. Commissioner Rosenof seconded the motion. The motion passed unanimously. 10. COMMENTS BY THE CITY MANAGER City Manager, Caryn Gardner-Young, provided an update on the purchase of property adjacent to City Hall. Administrative Services Director, Nancy Morando, confirmed the purchase price is $1.86 million. In order to complete the third (3 rd ) environmental study, we needed a contract in place. The owner stated the City would be given until 11/30/2015 and use the existing well to pull the sample. However, the City s environmentalist will pull their own sample, anywhere from within the quadrant. Morando stated that she has the environmentalist ready for testing Friday, and a rush on the results. Morando stated arsenic is common, and it depends on whether or not the levels are elevated. The study will provide information about if the levels are high, and approximately how much money it would take to fix the problem. 11. COMMENTS BY THE CITY ATTORNEY None ADJOURNMENT There being nothing further to discuss, Commissioner Weissman made a motion to adjourn. Vice Mayor Kagan seconded the motion. The meeting adjourned at 7:53 p.m. Communication: Nov. 4, Regular Meeting Minutes (Approval of Minutes) Transcribed and submitted by City Clerk Jennifer Johnson ATTEST: Packet Pg. 12

13 REGULAR MEETING MINUTES Nov. 4, 2015 PAGE 6 4.B MAYOR Michael Udine The above signature is the City Clerk of the City of Parkland, Florida, and the information provided herein are the Minutes of a Regular Meeting held Wednesday, Nov. 4, 2015, which were formally approved and adopted by the City Commission on Wednesday, Nov. 18, PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTERS CONSIDERED AT SUCH HEARING OR MEETING HE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HE WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (FLORIDA STATUTE ) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITY ACT AND FLORIDA STATUTE , PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK NO LATER THAN 48 HOURS PRIOR TO THE MEETING AT (954) FOR ASSISTANCE. Communication: Nov. 4, Regular Meeting Minutes (Approval of Minutes) Packet Pg. 13

14 6.A CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 6.A PROCLAMATION & RECOGNITION SHORT TITLE: Anti-Bullying in Schools SUBMITTED BY: Jennifer Johnson SPONSOR: DEPARTMENT: City Clerk ORIGIN OF REQUEST: Other STAFF RECOMMENDATION GOALS & OBJECTIVES Goal(s): Objective(s): BACKGROUND & PURPOSE FISCAL IMPACT ITEM APPROVAL Caryn Gardner-Young Pending City Commission Pending 11/18/2015 7:00 PM Packet Pg. 14

15 6.B CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 6.B PROCLAMATION & RECOGNITION SHORT TITLE: 3 Heart Strings SUBMITTED BY: Jennifer Johnson SPONSOR: DEPARTMENT: City Clerk ORIGIN OF REQUEST: Staff STAFF RECOMMENDATION GOALS & OBJECTIVES Goal(s): Objective(s): BACKGROUND & PURPOSE FISCAL IMPACT ITEM APPROVAL Caryn Gardner-Young Pending City Commission Pending 11/18/2015 7:00 PM Packet Pg. 15

16 6.C CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 6.C PROCLAMATION & RECOGNITION SHORT TITLE: West Glades Middle School - Girls Soccer SUBMITTED BY: Jennifer Johnson SPONSOR: DEPARTMENT: City Clerk ORIGIN OF REQUEST: Staff STAFF RECOMMENDATION GOALS & OBJECTIVES Goal(s): Objective(s): BACKGROUND & PURPOSE FISCAL IMPACT ITEM APPROVAL Caryn Gardner-Young Pending City Commission Pending 11/18/2015 7:00 PM Packet Pg. 16

17 6.D CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 6.D PROCLAMATION & RECOGNITION SHORT TITLE: West Glades Middle School - Band &Chorus SUBMITTED BY: Jennifer Johnson SPONSOR: DEPARTMENT: City Clerk ORIGIN OF REQUEST: Staff STAFF RECOMMENDATION GOALS & OBJECTIVES Goal(s): Objective(s): BACKGROUND & PURPOSE FISCAL IMPACT ITEM APPROVAL Caryn Gardner-Young Pending City Commission Pending 11/18/2015 7:00 PM Packet Pg. 17

18 9.A CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 9.A RESOLUTION Regular Agenda SHORT TITLE: Emergency Signal Preemption Device Installation Project SUBMITTED BY: Kevin Matthews SPONSOR: DEPARTMENT: Engineering ORIGIN OF REQUEST: Staff STAFF RECOMMENDATION Staff recommends the award of the Emergency Signal Preemption Device Installation Project to Transportation Control Systems in the amount of $34,228.00, and is requesting that the City Commission authorize the City Manager to negotiate and execute a contract to perform the work specified GOALS & OBJECTIVES Goal(s): Goal 5 - High Perfromance City Organization Objective(s): 4.5 Maintain and improve public safety, transportation, and circulation. BACKGROUND & PURPOSE In an effort to providing a safe environment to commuters and to reduce emergency response times, the City of Parkland ( City ) sought the services of an experienced contractor to install emergency signal preemption devices at four existing signalized intersections within the City. The intersections for the proposed preemption devices are University Drive and Holmberg Road, Pine Island Road and Holmberg Road, Pine Island Road and Trails End Boulevard, and Nob Hill Road and Parkland Reserve Boulevard/Heron Bay Boulevard. Per Broward County ( County ), local municipalities are allowed to provide funding to equip new locations with the preemption devices, however, the County bares the sole responsibility of programming, operating and maintaining them. Also, per the County, Global Traffic Technologies, LLC ( GTT ) is the sole vender contracted to the County for this type of service (see attached County memo). Per GTT, Transportation Controls Systems is the sole authorized dealer for all GTT preemption products in Broward County (see attached sole-source letter). Therefore, in adherence with the requirements of the County, the installation contract for the emergency signal preemption devices can only be awarded as a sole-source contract to Transportation Controls Systems. FISCAL IMPACT $34, ITEM APPROVAL Sowande Johnson Completed 11/10/2015 2:30 PM Frank Babinec Completed 11/10/2015 2:33 PM Caryn Gardner-Young Completed 11/12/2015 2:41 PM Packet Pg. 18

19 9.A City Commission Pending 11/18/2015 7:00 PM 1 Packet Pg. 19

20 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, TO AWARD THE EMERGENCY SIGNAL PREEMPTION DEVICE INSTALLATION PROJECT TO TRANSPORTATION CONTROL SYSTEMS, INC., IN AN AMOUNT NOT TO EXCEED $34,228.00, AND TO AUTHORIZE THE APPROPRIATE CITY OFFICIAL TO EXECUTE A CONTRACT WHEREAS, in accordance with the City of Parkland s ( City ) purchasing policy, City Staff sought the services of an experienced contractor to install emergency signal preemption devices at four existing signalized intersections within the City; and WHEREAS, the intersections for the proposed preemption devices are University Drive and Holmberg Road, Pine Island Road and Holmberg Road, Pine Island Road and Trails End Boulevard, and Nob Hill Road and Parkland Reserve Boulevard/Heron Bay Boulevard.; and WHEREAS, per Broward County ( County ), local municipalities are allowed to provide funding to equip new locations with the preemption devices, however, the County bares the sole responsibility of programming, operating and maintaining them; and WHEREAS, Global Traffic Technologies, LLC ( GTT ) is the sole vender contracted to the County for this type of service (see attached County memorandum); and WHEREAS, Transportation Controls Systems is the sole authorized dealer for all GTT preemption products in Broward County (see attached sole-source letter); and WHEREAS, in adherence with County requirements, the installation contract for the emergency signal preemption devices can only be awarded as a sole-source contract to Transportation Controls Systems; and WHEREAS, the City Commission of the City of Parkland has fully reviewed the proposal submitted and has determined that it is in the best interest of the City, considering all factors, to accept said proposal and award the contract for the project to Transportation Controls Systems, in the amount of $34, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. The foregoing WHEREAS clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. Section 2. Transportation Controls Systems is hereby awarded the project in the amount of $34, for the City of Parkland s Emergency Signal Preemption Device Installation Project. 9.A Packet Pg. 20

21 Section 3. The appropriate City Officials are hereby authorized and directed to execute the necessary documents to effectuate the purpose and intent of this Resolution. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 18th DAY OF November, CITY OF PARKLAND, FLORIDA MICHAEL UDINE MAYOR ATTEST: JENNIFER JOHNSON CITY CLERK 9.A Packet Pg. 21

22 9.A.a Jennifer L. Johnson From: Sent: To: Subject: Approved. Thank you Frank Babinec Tuesday, November 10, :08 AM Sowande Johnson RE: ing: ResolutionPrintout-1041.pdf FRANK BABINEC Fire Chief Coral Springs Fire Department Phone Fax City of Coral Springs, Florida 2801 Coral Springs Drive Coral Springs, Florida From: Sowande Johnson Sent: Friday, November 06, :38 AM To: Frank Babinec Subject: ing: ResolutionPrintout-1041.pdf Good Morning Frank, See attached for your review and approval. The City is converting to an electronic program for Agenda and Resolution. Your confirmation will replace the typical signature on the agenda summary sheet. Respectfully, SOWANDE JOHNSON, P.E. Director of Development Services/City Engineer City of Parkland 6600 University Drive Parkland, FL P: (954) F: (954) The City of Parkland is governed by the Public Records Act as set forth in Chapter 119, Florida Statutes. E- mails are subject to the Public Records Act and are public records subject to disclosure. All s sent and received are retained as public records. If you do not want your address released in a response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Attachment: RE ing ResolutionPrintout-1041 pdf (1041 : Emergency Signal Preemption Device Installation Project) 1 Packet Pg. 22

23 9.A.a Your message is ready to be sent with the following file or link attachments: ResolutionPrintout-1041.pdf Note: To protect against computer viruses, programs may prevent sending or receiving certain types of file attachments. Check your security settings to determine how attachments are handled. This has been scanned for related threats and delivered safely by Mimecast. For more information please visit The City of Coral Springs is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. messages are covered under Chapter 119 and are thus subject to public records disclosure. All messages sent and received are captured by our server and retained as public records. This footnote also confirms that this message has been swept for the presence of computer viruses, and illegal or questionable content. This system is a private system and is monitored for electronic tampering. Violators will be prosecuted to the fullest extent of the law. This may contain confidential or privileged material. Use or disclosure of it by anyone other than the recipient is unauthorized. If you are not the intended recipient, please delete this . Attachment: RE ing ResolutionPrintout-1041 pdf (1041 : Emergency Signal Preemption Device Installation Project) 2 Packet Pg. 23

24 9.A.b TO: FROM: SUBJECT: Nancy Morando MEMORANDUM Sowande Johnson, Development Services Director/City Engineer Sole Source Contract for Emergency Signal Preemption Devices DATE: November 03, 2015 In an effort to providing a safe environment to commuters and to reduce emergency response times, the City of Parkland is proposing to install fire-rescue signal preemption devices at four existing signalized intersections within the City. The intersections for the proposed preemption devices are as follows: University Drive and Holmberg Road Pine Island Road and Holmberg Road Pine Island Road and Trails End Boulevard Nob Hill Road and Parkland Reserve Boulevard/Heron Bay Boulevard Broward County Traffic & Engineering Division, operates and maintains all intersections that are equipped with signal pre-emption devices within County limits. At the moment, new installations are not being funded by the agency as they are using their budget on repair, upgrades and maintenance. However, local municipalities can provide funding to equip new locations, and the County will program, operate and maintain them. As per directive from the County, evidenced by the attached sole-source/sole-brand memorandum from the County, Global Traffic Technologies ( GTT ) is the sole vender contracted to the County for this type of service. Per the County, GTT preemption system is compatible with the existing County signal systems and the patented GTT system is not interchangeable with other priority systems. Attached also, is a sole-source letter from GTT stating that Transportation Controls Systems is the sole authorized dealer for all Opticom TM devices (GTT product) in Broward County. Based on the above stipulations, staff is requesting permission to move forward with the Emergency Signal Preemption Devices Installation Project, as a sole-source contract to Transportation Control Systems. The amount quoted in the proposal is within the approved project budget. Attachment: Preemption_Devices_Sole_Source_Memo (1041 : Emergency Signal Preemption Device Installation Project) Packet Pg. 24

25 Quoted To CITY OF PARKLAND 6600 UNIVERSITY DRIVE PARKLAND FL QUOTATION INFORMATION SALES QUOTE #:24757 QUOTE DATE: 10/29/15 1:48AM 11/02/1 5:32PM PAGE 1 OF 2 Print Date: 5 Customer Code Doc Owner Eric Deason PAR100 Document Date 10/29/15 Project References: Item No. Item Description Qty Ord Unit Price Ext. Price CHANNEL MULTIMODE PHASE SELECTOR 4 $ 2, $ 11, OPTICOM MULTIMODE AUX INTERFACE PANEL 4 $ $ 1, CARD RACK W/P1 HARNESS 3 $ $ GPS INTERSECTION RADIO UNIT, MAST ARM MOUNT 4 $ 2, $ 10, GPS INSTALLATION CABLE - 500FT REEL 2 $ $ PANEL-21 PRE-EMPT PANEL 3000E W/1 RELAY 1 $ $ GTT GPS INT. INSTALL OPTICOM GPS INTERSECTION INSTALLATION 4 $ 2, $ 10, Quotation Totals And Terms On Next Page 9.A.c Attachment: Sales Quote Parkland Optciom GPS Final Revison (1041 : Emergency Signal Preemption Device Installation Project) Packet Pg. 25

26 SALES QUOTE #:24757 QUOTE DATE: 10/29/15 1:48AM 11/02/1 5:32PM PAGE 2 OF 2 Print Date: 5 TERMS & CONDITIONS FOR TRANSPORTATION CONTROL SYSTEMS, INC. QUOTATIONS ALL ITEMS ARE QUOTED FOB WAREHOUSE. SHIPPING CHARGES: INSIDE OF FLORIDA - ORDERS GREATER THAN $ ARE FREIGHT ALLOWED. ITEMS SHIPPED OUTSIDE OF FLORIDA - FREIGHT CHARGES ARE PREPAID AND ADD. STANDARD LEAD TIMES: 1 TO 2 WEEKS FOR DRAWINGS (IF NEEDED) AFTER RECEIPT OF APPROVED PURCHASE ORDER. PRODUCTION 4 WEEKS AFTER RECEIPT OF APPROVED DRAWINGS. ABOVE SHIPPING SCHEDULE WILL COMMENCE AFTER RECEIPT OF WRITTEN PURCHASE ORDER AND APPROVED/ACCEPTED BY TRANSPORTATION CONTROL SYSTEMS, INC. ABOVE SHIPPING SCHEDULES ARE SOLELY THOSE IN EFFECT AT TIME OF QUOTATION. ACTUAL SCHEDULES ARE SUBJECT TO CHANGE DUE TO CIRCUMSTANCES AND/OR CONDITIONS EXISTING AT TIME OF ORDER BY CUSTOMER. ALL QUOTATIONS ARE SUBJECT TO ACCEPTANCE BY TRANSPORTATION CONTROL SYSTEMS, INC. AT TIME OF PURCHASE ORDER. PLEASE REFERENCE TCS QUOTE NUMBERS ON ALL PURCHASE ORDERS. TERMS ARE NET 30 DAYS FOR ESTABLISHED ACCOUNTS. TAX CALCULATIONS ARE FOR ESTIMATE PURPOSES ONLY. ACTUAL TAX WILL BE CHARGED BASED ON SHIP TO ADDRESS. QUOTE VALID FOR 90 DAYS. Quotation Totals Sub-Total $ 34, Freight $ 0.00 Tax $ Total Amount $ 34, A.c Attachment: Sales Quote Parkland Optciom GPS Final Revison (1041 : Emergency Signal Preemption Device Installation Project) Signature Date Packet Pg. 26

27 9.A.d May 1,2015 To Whom it May Concern: This letter is being sent in response to your request pertaining to the availability of Global Traffic Technologies, LLC, (GTT) Opticom Systems. Opticom Infrared and GPS systems provide safe and controlled passage of emergency vehicles through signalized intersections using internally developed components. Opticom systems are manufactured solely by GTT for all of our customers globally and distributed directly through our Authorized Dealer Network. The combination of GTT proprietary system design and manufacturing processes are patented and, as such, we are the sole source for this system. GTT designs, develops and tests each Opticom component as part of a matched component system. Security is accomplished through its proprietary design in order to prevent unauthorized use of the system and maintain the system s integrity. Opticom system users who are concerned about unauthorized use and security of their system should not mix their system with non-opticom components. GTT cannot ensure system functionality or performance if used with non-opticom system products. The use of Opticom products with non-opticom components could also impact warranty considerations on Opticom products. The Opticom Central Management Software (CMS) is a proprietary software program for the Opticom system that is not compatible with any other vendor or supplier equipment or software. Transportation Control Systems is the sole authorized dealer for all Opticom products, in Broward County Florida. Information can also be obtained on their website or by phone at Please feel free to contact me if you have any questions or additional requests pertaining to this correspondence. I can be reached at (651) Sincerely, Daniel C. Dolsky Sales Representative Global Traffic Technologies, LLC. Attachment: Sole Source Broward County TCS (1041 : Emergency Signal Preemption Device Installation Project) Packet Pg. 27

28 Bpt'OWARD ~ COUNTY FLORIDA PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION 2300 West Commercial Boulevard Fort Lauderdale, Florida FAX DATE: September 18, 2014 TO: FROM: r@ Brenda J. Billingsley, Director Purchasing Division Scott Brunner, P.E., Director Traffic Engineering Division 'tfl SUBJECT: Request for D Sole Source D Sole Brand 1Z1 Both (Check the applicable box) [;gl Modification To Previous Standardization RQM/RQS No. ;_ Date approved in Advantage _ GLOBAL TRAFFIC TECHNOLOGIES (GTT) Nothing Less. I have reviewed the following sole source justification and concur with subject request, fully understanding the implications of Section of the Florida Statutes: (2) "It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause unlawful harm to another, to circumvent a competitive bidding process required by law or rule by using a sole source contract for commodities or services." (5) "Any person who violates this section commits a felony of the second degree, punishable as provided ins , s , or s " 1Z1 This requirement has previously been discussed with Connie Mangan of the Purchasing Division on January 9, 2014 SOLE BRAND I PRODUCT STANDARDIZATION REQUEST The Global Traffic Technologies (GTT) Priority-One preemption is a patented signal priority control system that enables a signalized intersection to provide several different kinds of priority functions, including emergency pre-emption for fire-rescue vehicles, and Transit Signal Priority (TSP) for improving bus route performance. The GTT system has been deployed by Broward County at over 625 signalized intersections over the past decade, and had demonstrated a very high degree of reliability and compatibility with both our legacy signal control system and our new regional signal software platform. The same system has also been adopted by the Florida Department of Transportation, District Four for expanding TSP capability on State arterial corridors within Broward County as part of its advanced arterial management initiative. Based on the GTT system's proven high reliability and compatibility with both of the County's signal systems, and the fact that the patented system is not interchangeable with other priority systems, the Traffic Engineering Division is requesting sole source procurement for the GTI system (equipment and software) in order to continue procuring components that are only available from GTT. BACKGROUND AND STANDARDIZATION JUSTIFICATION Exhibit 2 Page 1 of 7 Broward County Board of County Commissioners Barbara Sharief Tim Ryan Sue Gunzburger Dale V.C. Holness Kristin D. Jacobs Martin David Kiar. Chip LaMarca Stacy Ritter Lois Wexler 9.A.e Attachment: Sole Source-Sole Brand Memo (1041 : Emergency Signal Preemption Device Installation Project) Sole Bra nd Sole Source Request Form 135 (Rev. 3/7/14) Packet Pg. 28

29 Exhibit 2 Page 2 of 7 9.A.e On July 11, 2000, Item #30, the Board approved the Minnesota Mining & Manufacturing, Inc. ("3M") as the sole source provider for the implementation of Global Positioning System (GPS) and Radio Based Traffic Signal Priority (TSP) Control System for authorized emergency and transit vehicles. Subsequently, Global Traffic Technologies, Inc. ("GTT") purchased the technology rights of the signal priority control system from 3M, and became the sole source provider of the system. The patented signal priority control system is comprised of specialized equipment and software that enables a signalized intersection to provide two types of priority functions. The first type of priority function provides for a signal override feature known as "preemption", which allows the signal to quickly display a green indication for approaching emergency vehicles while holding all other directions of traffic with a red indication. This system uses a combined radio-emitter/gps-based positioning system that accurately detects the location and direction of the fire-rescue vehicle and assigns the appropriate green indication using a phase-selector at the signal controller. The second type of control allows transit vehicles to be provided with an early return of the traffic signal green phase, or an extension of the green phase if the bus is approaching or is still dwelling at a transit stop in advance of a signalized intersection. This feature allows buses to maintain better schedule adherence and reduce route travel times for better transit user performance and reliability. Since 2000, the GTT system has been installed at over 625 intersections along major roadway corridors based on an emergency route plan developed by the Broward Fire Chiefs Association. The preemption function is used daily by hundreds of specially equipped emergency vehicles from the Broward Sheriff's Office Fire Rescue Division and other municipal fire-rescue departments. Fire-rescue vehicles responding to an emergency call or transporting victims to the nearest medical center use the system to change and hold the green phase for approaching traffic signals along their route. The system is also sophisticated enough to predict and select the correct traffic signal green turn-arrow based on turn-signal input received from the emergency vehicle. The system's auto-release function deactivates the preemption command once the emergency vehicle arrives at the scene and the vehicle doors are opened, or if the vehicle is otherwise detected to have remained in the same position for a pre-determined amount of time. This system is a very sophisticated GPS-based locational system, and is not a strobe or infrared beam system that simply triggers the traffic signal to change by an approaching vehicle. The TSP option of the GTT equipment is currently being utilized on the Hollywood/Pines Boulevard Corridor by the Transit Division's "95 Express" bus service, which is a limited stop express service that transports passengers along the route to and from Miami-Dade County along The "95 Express" uses the extended green function of the GTT system's TSP capability. Any of the 625+ intersections throughout the County currently equipped with the GTT equipment for fire-rescue pre-emption can be made TSP operable with minor programming updates to the system firmware as the key field components of the system are already in place. Part of the system's success is due to its compatibility with the County's deployment of Naztec 2070 Advanced Traffic Controllers and migration to the new Naztec (Trafficware) regional traffic signal software. The emergency vehicle preemption functionality and Naztec 2070 controller equipment is fully compatible with our 23-year-old analog-based Urban Traffic Control System (UTCS). Although the majority of the preemption system deployment is based on the route deployment plan developed by the Broward Fire Chief's Association, the Division maintains the existing 625+ intersection system, and installs additional intersections or route segments to further enhance the system on an as needed basis. The Traffic Engineering Division also expects to integrate a GIS map-based emergency preemption and TSP management system into our central Traffic Management Center operations, which can be facilitated by implementation of the signal priority central management software developed by GTT. This real-time, areawide management system is desired in order to be able to remotely and comprehensively monitor fire-rescue pre-emption and TSP operations simultaneously throughout the County. Currently, such information must be polled one-by-one from individual intersections. Attachment: Sole Source-Sole Brand Memo (1041 : Emergency Signal Preemption Device Installation Project) Sole Brand Sole Source Request Form 135 (Rev. 3nt14) Packet Pg. 29

30 Exhibit 2 Page 3 of 7 9.A.e With regard to possible alternative solutions, the Division has identified significant disadvantages and liabilities associated with abandoning the current proprietary system at this time: 1. Unknown compatibility with legacy and modernized systems. A significant asset of the existing system is that it has demonstrated compatibility and sustainability with our Naztec 2070 traffic signal controllers, our legacy UTCS system and new Naztec regional traffic software. With normal maintenance, the system has operated virtually trouble-free for many years, and it is unknown to what degree other market available systems will have this same degree of compatibility and reliability. 2. Original fire-rescue evaluation was intended to establish a single countywide system. All County and municipal fire-rescue agencies are current users of the existing GTT unified county-wide system. A new replacement system or co-mingling of a new system within the existing system will require a new and extensive field-testing evaluation by the fire-rescue agencies to confirm that the new system provides a single seamless and unified system for county-wide deployment that works with the existing traffic signal controller equipment. Under the existing fiscal environment, it is unlikely that the Fire Chiefs Association and participating fire-rescue agencies would be supportive of a conversion and retesting period that hinder existing response times. 3. High cost of system retrofit. Due to the patented nature of the equipment, it is anticipated that substantial replacement and retrofitting would be required if another system were to be selected. This could require approximately $3 million in previously installed equipment to be abandoned, and require another $3 million for new replacement equipment, resulting in approximately $6 million in costs to the County. These costs do not include additional staff that will be required to evaluate, install, and coordinate with other agencies, map, and test the new system. 4. System GPS re-mapping. A significant amount of staff time would be required to re-map the GPSbased approach zones at each of the 625+ intersections needed for the system to operate properly. 5. New technician training time and costs. County staff would have to be retrained to test and operate a new system. 6. Unforeseen additional cost to municipal fire-rescue agencies. All of the Broward County and municipal fire-rescue agencies have purchased on-board vehicle equipment that is compatible with the existing GTT system. A new system will result in unanticipated costs to the participating municipalities to procure new equipment and train their staff, in addition to additional downtime of their emergency vehicles during the retrofit process. 7. Delays in deploying additional TSP corridors for Broward County Transit. Deployment of new TSP sites would be suspended until the new system was in place and operational, limiting the Transit Division's ability to improve route travel time along selected corridors. Existing buses currently equipped with GTT on-board equipment will have to be retro-fitted with new system equipment, and all bus-routes using TSP would have to be updated to the new system. Traffic Engineering Division staff believes the GTT system to be the most reasonable and reliable solution at this time and respectfully request sole source re-standardization for procurement of their proprietary GPS and TSP software, central management software, field and on-board equipment, replacement parts, repair services, real-time and system expansion services for use by the County's emergency and transit vehicles. Attachment: Sole Source-Sole Brand Memo (1041 : Emergency Signal Preemption Device Installation Project) Sole Brand Sole Source Request Form 135 {Rev. 3/7/14) Packet Pg. 30

31 Exhibit 2 Page 4 of 7 9.A.e COMPARATIVE MARKET RESEARCH: Provide a detailed source or market analysis for justification of sole source/brand (attach extra sheets as needed). Vendor/Brand 1: STROBE COM II by TOMAR Electronics a. Describe the unique features or functionality of the proposed sole source/sole brand product or service: STROBECOM II is an Optical Preemption System designed and engineered to help emergency service professionals reach their destination quickly. By communicating with the traffic control system located at each intersection, the approaching emergency vehicles are given a "green" light before entering the intersection. thus creating the ability to move through heavy traffic situations. The same equipment can be used to monitor an intersections timing and extend green phases or add green to the beginning of a phase in order to keep your city's transit vehicles on schedule without significantly upsetting the traffic control system. a. How was this source evaluated? Product literature ( tamar. comlpdflcatalogs/strobecom. pdf) b. Financial impact to the County by using this sole source/sole brand product or service: Unknown. however the system consists of multiple parts to be installed (at intersections and on vehicles) similar to the existing system. The cost of the existing system was approximately $3 million. The financial cost would also have to account for the required staffing cost (training, operating. programming, testing, re-mapping GPS, etc.) that would be required for a new system implementation and maintenance. c. Other: This product does not currently have a valid FOOT Approved Product Listing (APL) Certification, and is therefore not authorized for use in the State of Florida Vendor/Brand 2: STC Electronics/EMTRAC Priority Management System a. Describe the unique features or functionality of the proposed sole source/sole brand product or service: The EMTRAC Priority Management System. like GTT also provides fire-rescue traffic signal pre-emption and Transit Signal Priority applications using a radio emitter/gps-based system. The system includes a priority detector/phase-selector device at the intersection to receive inputs from arriving fire-rescue or transit vehicles. which are tracked using GPS. b. How was this source evaluated? product literature c. Financial impact to the County by using this sole source/sole brand product or service: Unknown. however the system consists of multiple parts to be installed (at intersections and on vehicles) similar to the existing GTI system. The cost of the existing system was approximately $3 million. The financial cost would also have to account for the required staffing cost (training, operating, programming, testing. re-mapping GPS. etc.) that would be required for a new system implementation and maintenance (**see important additional information below). Attachment: Sole Source-Sole Brand Memo (1041 : Emergency Signal Preemption Device Installation Project) d. Other: It is important to note that the EMTRAC system has been a direct and Sole Brand Sole Source Request Form 135 (Rev. 3/7/14) Packet Pg. 31

32 cc: strong competitor of the GTI system. However, both GTI and EMTRAC have been involved in federal patent infringement litigation. Recently, the United States District Court, District of Minnesota, ruled in favor of GTI and granted a Preliminary and Permanent Injunction [Docket No against EMTRAC's manufacturers to prevent them from continued patent infringement of GTI's proprietary system through the manufacturer, sale, or distribution of EMTRAC to new customers. It is staff's opinion that due to this ruling, the EMTRAC system would be legally prevented from deployment within a jurisdiction already utilizing GTT equipment, and is therefore not a viable alternative system for consideration by Broward County at this time. CERTIFICATION: I have thoroughly researched the sole source or sole brand justification and fully understand the implications of Section of the Florida Statutes: (2) "It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause unlawful harm to another, to circumvent a competitive bidding process required by law or rule by using a sole source contract for commodities or services." (5) "Any person who violates this section commits a felony of the second degree, punishable as provided in s , s , or s. 77 Ed Gariboldi REQUESTOR/EVALUATOR PRINT NAME Scott Brunner DEPT./DIV. DIRECTOR OR DESIGNEE PRINT NAME SIGN NAME Andrew Sebo, Assistant Director, Traffic Engineering Division Edward Gariboldi, Traffic Operations Superintendent, Traffic Engineering Division Jeannine Conte, Administrative Manager II, Traffic Engineering Division ** DO NOT WRITE BELOW THIS LINE. FOR PURCHASING DIVISION USE ONLY Exhibit 2 Page 5 of 7 9.A.e Attachment: Sole Source-Sole Brand Memo (1041 : Emergency Signal Preemption Device Installation Project) Sole Brand Sole Source Request Form 135 (Rev. 3/7/14) Packet Pg. 32

33 Exhibit 2 Page 6 of 7 9.A.e Attachment: Sole Source-Sole Brand Memo (1041 : Emergency Signal Preemption Device Installation Project) Packet Pg. 33

34 Exhibit 2 Page 7 of 7 9.A.e Attachment: Sole Source-Sole Brand Memo (1041 : Emergency Signal Preemption Device Installation Project) Packet Pg. 34

35 9.B CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 9.B RESOLUTION Consent Agenda SHORT TITLE: A Resolution to approve the purchase of turf and baseball field maintenance equipment SUBMITTED BY: Ron Zasloff SPONSOR: DEPARTMENT: Public Works ORIGIN OF REQUEST: Staff STAFF RECOMMENDATION Staff is requesting City Commission approval of Resolution No to exceed the $25,000 limit and to authorize the purchase of turf and baseball field maintenance equipment from Hector Turf in an amount not to exceed $77, GOALS & OBJECTIVES Goal(s): Goal 3 - First Class Leisure and Cultural Amenities Objective(s): 3.3 Provide ample first class sports and athletic fields for games and practice. BACKGROUND & PURPOSE According to the City of Parkland (City) procurement processes, City Staff is not permitted to expend more than $25,000 on a single contractor without obtaining prior approval from the City Commission. The City's Code of Ordinance Section Exempt Purchases (item i) Authorizes sole source purchases when it is determined that there is only one (1) source or one (1) reasonable source for the required supply. Hector Turf is the sole source distributor of Toro commercial products in Southeast Florida. The City has an existing open purchase order with Hector Turf for parts and repair for existing equipment in the amount of $5, The Public Works Department is requesting approval to purchase two (2) Sand Pro 5040 s and one (1) Grounds Master 3505-D mower, for the maintenance of the playing fields at the new Pine Trails Park expansion in the amount $71,708.35, which were approved as part of the Fiscal Year 2015/2016 Capital Improvement Project Fund. FISCAL IMPACT $71, ITEM APPROVAL Caryn Gardner-Young Completed 11/12/2015 2:29 PM City Commission Pending 11/18/2015 7:00 PM 1 Packet Pg. 35

36 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, APPROVING AN INCREASE IN EXPENDITURES, WITH HECTOR TURF IN AN AMOUNT NOT TO EXCEED $77,000.00, AUTHORIZING AN EXPENSE IN THE AMOUNT OF $71, FOR TWO (2) SAND PRO MODEL 5040 AND ONE (1) GROUNDS MASTER MODEL 3505-D MOWER, WHICH WILL EXCEED $25, BEING PAID TO HECTOR TURF FOR THE FISCAL YEAR; WHEREAS, the City of Parkland ( City ) is committed to providing 1 st class leisure and cultural amenities; and WHEREAS, the City is committed to providing facilities responding to Parkland s community needs; and WHEREAS, in accordance with the City purchasing policy, the City Commission may decide to award a contract without the necessity of a competitive bid when it is determined that there is only one (1) source or one (1) reasonable source for the required supply, service or construction; and WHEREAS, the City presently has an open purchase order in the amount of $5, for equipment parts and repairs with Hector Turf; and WHEREAS, staff had identified two (2) Sand Pro Model 5040 and one (1) Grounds Master Model 3505-D mower need as part of the Capital Improvement Project Fund for Fiscal Year , to support the Pine Trails Park Expansion; and WHEREAS, this purchase and future fiscal year purchases will exceed $25,000.00; and WHEREAS, staff identified that Hector Turf is the sole source provider of this equipment, which best serves the City s needs; and WHEREAS, City staff is requesting approval to exceed $25, as per the City s purchasing policy and approve the purchase of two (2) Sand Pro 5040's and one (1) Grounds Master 3505-D mower; and WHEREAS the City Commission has determined that it is in the best interest of the City to purchase the equipment; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, THAT; SECTION I. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. 9.B Packet Pg. 36

37 SECTION 2. The City Commission of the City of Parkland hereby approves the purchase of two (2) Sand Pro Model 5040 and one (1) Grounds Master Model 3505-D from Hector Turf., in an amount not to exceed $71, SECTION 3. The City Commission hereby authorizes purchases from Hector Turf for Fiscal Year not to exceed the amount of $77, SECTION 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 18th DAY OF November, CITY OF PARKLAND, FLORIDA MICHAEL UDINE MAYOR ATTEST: JENNIFER JOHNSON CITY CLERK 9.B Packet Pg. 37

38 9.B.a Packet Pg. 38 Attachment: Sole Source Hector Turf (1045 : A Resolution to approve the purchase of turf and baseball

39 9.C CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 9.C RESOLUTION Consent Agenda SHORT TITLE: A Resolution to authorizing the piggyback of the Florida Sheriff s Contract # SUBMITTED BY: Ron Zasloff SPONSOR: DEPARTMENT: Public Works ORIGIN OF REQUEST: Staff STAFF RECOMMENDATION Staff is recommending City Commission approval of Resolution No to piggyback the Florida Sheriff's Association Contract # to purchase two (2) Ford F-250 Pickup Trucks in an amount not to exceed $50, GOALS & OBJECTIVES Goal(s): Goal 5 - High Perfromance City Organization Objective(s): 5.1 Deliver quality City services in the most cost-effective and ethical manner. BACKGROUND & PURPOSE According to the City of Parkland (City) procurement processes, City Staff is not permitted to expend more than $25,000 on a single contractor without obtaining prior approval from the City Commission. The City Code of Ordinance Section Exempt Purchases (item c) authorizes the piggyback of any currently authorized government agencies and/or not for profit purchasing cooperative contract. The Public Works Department is requesting approval to purchase two (2) Ford F-250 Pickup trucks utilizing the Florida Sheriffs Contract # in an amount not to exceed $50, that was approved as part of the Fiscal Year 2015/2016 Capital Replacement Fund. FISCAL IMPACT $50, ITEM APPROVAL Caryn Gardner-Young Completed 11/12/2015 3:04 PM City Commission Pending 11/18/2015 7:00 PM 1 Packet Pg. 39

40 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE PIGGYBACK OF THE FLORIDA SHERIFF S ASSOCIATION CONTRACT FOR THE PURCHASE OF TWO FORD F-250 PICKUP TRUCKS AND APPROVE THE ALLOWABLE FUNDING IN AN AMOUNT NOT TO EXCEED $50, TO ALAN JAY FORD FOR THIS PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the City of Parkland's ( City ) purchasing policy, the City Commission may decide to award a contract without the necessity of a competitive bid where the City Commission finds that the existing contract is in the best interest of the City, is competitively priced, and will further the intergovernmental cooperation; and WHEREAS, City Staff has reviewed existing contracts and feels that the Florida Sheriff s Association Contract best serves the City s needs in regards to purchase of fleet vehicles; and WHEREAS, City Staff had identified the need for two (2) Ford F-250 Pickup Trucks as part of the Capital Replacement Fund for Fiscal Year ; and WHEREAS, the City Commission has determined that it is in the best interest of the City to piggyback Florida Sheriff's Association Contract # for the purchase of two (2) Ford F-250 pickup trucks. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, THAT; SECTION I. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. SECTION 2. The City Commission of the City of Parkland hereby approves the piggyback of the Florida Sheriff s Association Contract ( ) for the purchase of two (2) Ford F-250 Pickup Trucks, and approval of Funding for Alan Jay Ford in an amount not to exceed $50, SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 18th DAY OF November, CITY OF PARKLAND, FLORIDA 9.C Packet Pg. 40

41 MICHAEL UDINE MAYOR ATTEST: JENNIFER JOHNSON CITY CLERK 9.C Packet Pg. 41

42 10.A CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 10.A ORDINANCE Second Reading SHORT TITLE: Second Reading of an Ordinance Amending the City of Parkland's Sign Code SUBMITTED BY: Jean Panebianco SPONSOR: DEPARTMENT: Planning and Zoning Board ORIGIN OF REQUEST: City Attorney STAFF RECOMMENDATION The City Commission passed Ordinance the First Reading Amending the City s Sign Code, Wednesday, Nov. 4, Commissioner Weissman motioned to approve, and Commissioner Hunschofsky seconded. The motion passed unanimously, but requested the following information: In addition to the various changes made by outside counsel to address legal concerns, staff has included two substantive changes in the proposed ordinance, which are as follows: 1. Temporary signs (limited to six (6) square feet) may be placed internal to a planned residential development that has open models, subject to a minimum 100-foot setback from any adjacent public rightof-way, and subject to Community Appearance Board approval. 2. Permanent window signs will be permitted in commercial zoning districts, subject to five (5) conditions, as follows: a. Permitted only on the ground floor of a building b. Shall not cover more than fifteen (15) percent of the total window area c. Maximum letter height will be eight (8) inches d. Shall be professionally created and applied to the window surface e. Restaurants, bakeries, delicatessens, and bars will be permitted one (1) illuminated sign on the interior side of a window, not to exceed three (3) square feet of the window area (or a maximum of 15 percent, whichever is less). All other illuminated signs will be prohibited. Planning and Zoning Board (October 15, 2015) - Board Member Lynn Fenoglio made a motion to recommend approval of Agenda Item VI.A.1., with a condition that Special Counsel Susan Trevarthen provide the City Commission with a document that delineates what the Staff is proposing to change in the sign code versus the legal changes based upon the Supreme Court s decision. Board Member George Silver seconded the motion. The motion passed unanimously (7-0). GOALS & OBJECTIVES Goal(s): Goal 4 - Preservation of Parkland's Character Objective(s): 4.1 Maintain high quality development and design standards. BACKGROUND & PURPOSE The City of Parkland ("City") has retained Susan Trevarthen as Special Counsel to evaluate and revise the City's existing sign regulations in light of the Reed v. Gilbert Supreme Court decision. This court decision fundamentally limits government s ability to regulate signs differently based only upon the function that they serve (ex: promotional, election, special event, real estate, etc.). The attached memorandum provides detailed information regarding the Reed decision and the proposed revisions to the sign regulations, including a handful of staff-initiated amendments. Special Council Susan Trevarthen will be at the City Commission meeting to make a presentation and answer any questions. Packet Pg. 42

43 10.A FISCAL IMPACT N/A ITEM APPROVAL Caryn Gardner-Young Pending City Commission Pending 11/18/2015 7:00 PM 1 Packet Pg. 43

44 ORDINANCE NO AN ORDINANCE OF THE CITY OF PARKLAND, FLORIDA, AMENDING THE CODE OF ORDINANCES TO AMEND THE LEGISLATIVE FINDINGS, DEFINITIONS, AND REGULATIONS APPLICABLE TO SIGNS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND FOR AN EFFECTIVE DATE. WHEREAS, the City of Parkland ( City ) enacted Ordinance No on May 2, 2012, which adopted a new Chapter 22 entitled, Land Development Code ; and WHEREAS, the City Commission has reorganized and re-formatted Chapter 22 so that users can more easily find provisions, and to accommodate future revisions, additions and organizational modifications that are expected to occur from time to time within any Land Development Code; and WHEREAS, signage is regulated by Article XXXIV of Chapter 22, which needs to be similarly reorganized and re-formatted to conform to the remainder of Chapter 22 (and is renumbered to become Article 100); and WHEREAS, the City Commission also desires to modify and update certain sign regulations in order to respond to recent caselaw including Reed v. Town of Gilbert, U.S., 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015); and WHEREAS, in order to address changed and changing conditions as the City continues to develop, the City Commission further desires to: 1. provide for permanent window signage in the commercial zoning districts, 2. provide definitions and regulations addressing the signage needs of planned residential developments, 3. clarify standards for monument signs, 4. require Community Appearance Board review of uniform sign programs, and 5. clarify that certain references to nonresidential districts do not include agricultural districts; and 10.A Packet Pg. 44

45 WHEREAS, the City finds and determines that the purpose and intent provisions of its signage regulations should be detailed so as to further describe the beneficial aesthetic, traffic safety, and other effects of the City's sign regulations, and to reaffirm that the sign regulations are concerned with the secondary effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker; and WHEREAS, various signs that serve as signage for particular land uses are based upon content-neutral criteria in recognition of the functions served by those land uses, but not based upon any intent to favor any particular viewpoint or control the subject matter of public discourse; and WHEREAS, the City finds and determines that the sign regulations adopted hereby allow and leave open adequate alternative means of communications, such as newspaper advertising, internet advertising and communications, advertising in shoppers and pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF and/or VHF television, advertising on AM and/or FM radio, advertising on satellite radio, advertising on internet radio, advertising via direct mail, and other avenues of communication available in the City [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469, 477 (1989); Green v. City of Raleigh, 523 F.3d 293, (4th Cir. 2007); Naser Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, (1st Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006); Reed v. Town of Gilbert, 587 F.3d 866, (9th Cir. 2009)]; and WHEREAS, in Reed v. Town of Gilbert, Ariz., -U.S.-, 135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015), the United States Supreme Court, in an opinion authored by Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayer, addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary noncommercial signs; and 10.A Packet Pg. 45

46 WHEREAS, in Reed, Justice Alito in a concurring opinion joined in by Justices Kennedy and Sotomayer pointed out that municipalities still have the power to enact and enforce reasonable sign regulations; and WHEREAS, Justice Alito further noted that in addition to regulating signs put up by private actors, government entities may also erect their own signs consistent with the principles that allow governmental speech [see Pleasant Grove City v. Summum, 555 U.S. 460, (2009)], and that government entities may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots; and WHEREAS, Justice Alito noted that the Reed decision, properly understood, will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate aesthetic objectives, including rules that distinguish between on-premises and offpremises signs; and WHEREAS, under established Supreme Court precedent and Eleventh Circuit precedent, commercial speech may be subject to greater restrictions than noncommercial speech and that doctrine is true for both temporary signs as well as for permanent signs; and WHEREAS, the City finds and determines that a traffic control device sign, as defined herein, should be exempt from regulation under the City's land development regulations for signage; and WHEREAS, the City finds and determines that the regulation of signs within the City strongly contributes to the development and maintenance of a pleasing, visually attractive environment, and that these sign regulations are prepared with the intent of enhancing the environment and promoting the continued well-being of the City; and WHEREAS, the City finds and determines that the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; and WHEREAS, the City finds and determines that, as far back as 1954, the United States Supreme Court recognized that "the concept of the public welfare is broad and inclusive," that 10.A Packet Pg. 46

47 the values it represents are "spiritual as well as physical, aesthetic as well as monetary," and that it is within the power of the legislature "to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled" [in Berman v. Parker, 348 U.S. 26, 33 (1954)]; and WHEREAS, the City finds and determines that aesthetics is a valid basis for zoning, and that the regulation of the size and appearance of signs and the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade County v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade County, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970)]; and WHEREAS, the City finds and determines that these sign regulations further the suburban and agricultural character and ambiance of the City, and reflect its commitment to maintaining and improving an attractive environment; and WHEREAS, the City finds and determines that the beauty of the City's natural and built environment has provided the foundation for the economic base of the City's development, and that the City's sign regulations help create an attractive residential community for its residents; and WHEREAS, the City finds and determines that the goals, objectives and policies of its plans over the years demonstrate a strong, long-term commitment to maintaining and improving the City's attractive and visual environment; and WHEREAS, the City finds and determines that, from a planning perspective, one of the most important community goals is to define and protect aesthetic resources and community character; and WHEREAS, the City finds and determines that the purpose of the regulation of signs as set forth in this Ordinance is to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and 10.A Packet Pg. 47

48 requirements; and WHEREAS, the City finds and determines that the sign regulations in this Ordinance are intended to lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic; and WHEREAS, the City finds and determines that these sign regulations are intended to protect the public from the dangers of unsafe signs; and WHEREAS, the City finds and determines that these sign regulations are intended to permit signs that are compatible with their surroundings and aid orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs; and WHEREAS, the City finds and determines that these sign regulations are intended to regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians; and WHEREAS, the City finds and determines that these sign regulations are intended to require signs to be constructed, installed and maintained in a safe and satisfactory manner; and WHEREAS, the City finds and determines that in meeting the purposes and goals established in these findings, it is appropriate to prohibit and/or to continue to prohibit certain sign types; and WHEREAS, the City finds and determines that the prohibition of the construction of billboards and certain other sign types, as well as the establishment and continuation of height, size and other standards for on-premise signs, is consistent with the policy set forth in the Florida Constitution that it shall be the policy of the state to conserve and protect its scenic beauty; and WHEREAS, the City finds that local governments may separately classify off-site and on-site advertising signs in taking steps to minimize visual pollution [see City of Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414 So. 2d 1030, 1032 (Fla. 1982)]; and WHEREAS, the City finds and determines that a prohibition on the erection of off-site 10.A Packet Pg. 48

49 outdoor advertising signs will reduce the number of driver distractions and the number of aesthetic eyesores along the roadways and highways of the City [see, e.g., E. B. Elliott Adv. Co. v. Metropolitan Dade County, 425 F.2d 1141, 1154 (5th Cir. 1970), cert. denied, 400 U.S. 878 (1970)]; and WHEREAS, the City finds and determines that in order to preserve, protect and promote the safety and general welfare of the residents of the City, it is necessary to regulate off-site advertising signs, so as to prohibit the construction of off-site signs and billboards in all zoning districts, and to provide that the foregoing provisions shall be severable; and WHEREAS, the City hereby finds and determines that anything beside the road which tends to distract the driver of a motor vehicle directly affects traffic safety, and that signs, which divert the attention of the driver and occupants of motor vehicles from the highway to objects away from it, may reasonably be found to increase the danger of accidents, and agrees with the courts that have reached the same determination [see In re Opinion of the Justices, 103 N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N.W.2d 741 (N.D.1978)]; and WHEREAS, the City finds and determines that the City has allowed noncommercial speech to appear wherever commercial speech appears; and the City desires to continue that practice through the specific inclusion of a substitution clause that expressly allows noncommercial messages to be substituted for commercial messages; and WHEREAS, the City finds and determines that, by confirming in this Ordinance that noncommercial messages are allowed wherever commercial messages are permitted, the City will continue to overcome any constitutional objection that its ordinance impermissibly favors commercial speech noncommercial speech [see Outdoor Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, (D. Kan. 1999)]; and WHEREAS, the City finds and determines that under Florida law, whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act will be permitted to stand provided (1) the unconstitutional provisions can be separated from the remaining valid 10.A Packet Pg. 49

50 provisions, (2) the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void, (3) the good and the bad features are not so inseparable in substance that it can be said that the legislative body would have passed the one without the other, and (4) an act complete in itself remains after the valid provisions are stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)]; and WHEREAS, the City finds and determines that there have been several judicial decisions where courts have not given full effect to severability clauses that applied to sign regulations and where the courts have expressed uncertainty over whether the legislative body intended that severability would apply to certain factual situations despite the presumption that would ordinarily flow from the presence of a severability clause; and WHEREAS, the City finds and determines that the City has consistently adopted and enacted severability provisions in connection with its ordinance code provisions, and that the City wishes to ensure that severability provisions apply to its land development regulations, including its sign regulations; and WHEREAS, the City finds and determines that the Code's severability clauses were adopted with the intent of upholding and sustaining as much of the City's regulations, including its sign regulations, as possible in the event that any portion thereof (including any section, sentence, clause or phrase) be held invalid or unconstitutional by any court of competent jurisdiction; and WHEREAS, the City finds and determines that there must be an ample record of its intention that the presence of a severability clause in connection with the City's sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any provision is invalid or unconstitutional for any reason whatsoever; and WHEREAS, the City finds and determines that there must be an ample record that it intends that the height and size limitations on free-standing and other signs continue in effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the 10.A Packet Pg. 50

51 City's sign regulations, other ordinance code provisions, or other laws, for any reason (s) whatsoever; and WHEREAS, the City finds and determines that there must be an ample record that it intends that each prohibited sign-type continue in effect regardless of the invalidity or unconstitutionality of any, or even all, other provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any reason(s) whatsoever; and WHEREAS, the City Commission makes the detailed findings set forth in Section of Section 2 of this Ordinance as to the purpose, scope and intent of the City s sign regulations, and the substantial and compelling governmental interests that are advanced by these regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: 10.A 201 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 202 being true and correct, and are hereby incorporated herein and made a part hereof. 203 Section 2. Article XXXIV Signage of Chapter 22 Land Development Code of the City of Parkland Code of Ordinances is hereby re-numbered and amended as follows: ARTICLE SIGNAGE DIVISION 5. - GENERALLY Sec Purpose, scope and intent. Sec Definitions. Sec Nonconforming signs that are damaged or that are in need of repair. Sec Substitution of noncommercial speech for commercial speech; content-neutrality as to sign message. Sec Prohibited signs. Sec Variances. Sec Violations. Sec Flagpoles and flags in all zoning districts. DIVISION PERMITS. Sec Permits required. Sec Applications for sign permits. Sec Fees. Sec Issuance of sign permit. Sec Revocation. Packet Pg. 51

52 Sec Exemptions. DIVISION CONSTRUCTION, MAINTENANCE, INSTALLATION AND OTHER STANDARDS. Sec Requirements for signs in all zoning districts. Sec Requirement for uniform sign program. Sec Permanent signs; location. Sec Temporary signs; location. Sec Basic sign design schedule in all zoning districts. Sec Permission of property owner. DIVISION SEVERABILITY Sec Severability. ARTICLE XXXIV SIGNAGE DIVISION GENERALLY Sec Scope, ppurpose, and intent. It is the purpose of this chapter to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this chapter are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the city as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the city and promoting its continued well-being, and are intended to: A. Scope. (1) The provisions of this article shall govern the number, size, location, and character of all signs which may be permitted either as a main or accessory use under the terms of this article. No signs shall be permitted on a plot or parcel either as a main or accessory use except in accordance with the provisions of this article. (2) This article does not regulate government signs on government property, including but not limited to City signs on property owned by the City, the County or the State of Florida, and traffic control devices. (3) In the event of any conflict between this article and any declaration of covenants, bylaws, or other restrictions applying to any property within the City, the language affording the more restrictive interpretation shall apply. (4) The City specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the City to further these interests. B. Purpose. (1) Florida Constitution. Article II, Section 7 of the Florida Constitution provides that [i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty.... A beautiful environment preserves and enhances the desirability of the City as a place to live and to do business. Implementing the Florida Constitution is a compelling governmental interest. (2) Florida Statutes. Florida law require cities to adopt comprehensive plans and implement them through land development regulations (also known as zoning regulations) and approval of development orders that are consistent with the comprehensive plan. See Part II of Chapter 163, Florida Statutes. Florida law specifically requires that the City adopt sign regulations. See 10.A Packet Pg. 52

53 Section (2)(f), Florida Statutes. Complying with state law is a compelling governmental interest. (3) City Comprehensive Plan. The City s Comprehensive Plan has numerous provisions that require the City to ensure the aesthetic character of the City and to ensure traffic safety on roads within the City through the regulation of signs, as set forth in detail below. Implementing the City Comprehensive Plan is a compelling governmental interest. (a) City Comprehensive Plan Elements. The Existing Land Use Conditions in the City are described in the City s comprehensive plan as follows: Parkland is largely residential in nature with some commercial development along SR 7/US 441 and near the old City Hall site (located on Parkside Drive). The City is characterized by its semirural, upscale single family neighborhoods and comparatively high average income and home values. According to the Transportation Element, Growth and Development Activity, the City is an upscale residential community with small scale commercial villages located in the northwest corner of Broward County. The City is made up of approximately square miles, which is primarily residential with a few small areas of institutional, commercial and agricultural land uses scattered throughout.... Due to the semi-isolated location of the City in proximity to the surrounding roadway network, through traffic has been and will continue to be discouraged while the mobility of City residents is promoted. The City also provides for the non-vehicular transportation needs of its residents and visitors, as described in Existing Pedestrian, Bicycle and Horse Facilities, Schools, libraries, parks, shopping places, employment centers, and bus stops often generate pedestrian and bicyclist traffic. To maintain the mobility of a multimodal transportation system, it is important that the City of Parkland have a well-connected system for pedestrians, bicycles and horses, along with the existing roadway system. The City of Parkland is working to develop and maintain a thorough network of multi-use trails that serve pedestrians, bicyclists and horses. The multi-use trails are essentially 6-foot wide, paved, meandering trails, which are set back a substantial distance from vehicular roadways. The City plans to expand and maintain the multi-use trail system throughout the City. The existing multi-use trail system is shown on Map 3-8. (b) City Comprehensive Plan Goals, Objectives and Policies. Several goals, objectives and policies of the City s comprehensive plan require the City to maintain its scenic beauty and traffic safety through its land development regulations and actions: GOAL I. Growth And Development In Parkland Should Be Planned To Achieve A Quality Community Which Is Sensitive To The Uniqueness Of The City's Environment, Continues The City's Semi-Rural Character, And Yet Provides For The Full Needs Of Its Residents. Objective 1.1: Future growth and development will be managed through the implementation and enforcement of land development regulations in accordance with Chapter 163 F.S. Annually, review development permits to determine if those permits and their effects on the City's infrastructure are consistent with policies through Policy 1.1.1: Land development regulations will, at a minimum:.... f) Regulate signage;.... Policy 1.1.4: The City shall ensure that all new development is compatible with the character of the City and with adjacent zoning, development and uses, and issue no development orders or permits deemed to be incompatible with the character of the City and with adjacent zoning, development and uses. Policy 1.1.5: The City shall establish a policy framework/foundation upon which land development regulations addressing signage may be based by December Objective 1.3: The City will ensure that land uses found to be inconsistent with the Community's character will not be permitted. Annually, review development within the City to determine any uses or development inconsistent with the community's character. Policy 1.3.3: Commercial development should emphasize planning of the total site as a whole in a cohesive form and linear or strip commercial sites will not be allowed. All 10.A Packet Pg. 53

54 commercial development shall be consistent with the architectural standards adopted by the City and shall be designed so as to be compatible with neighboring uses, developments, land uses and zoning. Policy : Preserve the character of existing residential neighborhoods: the BBB Ranches, Pine Tree Estates, Cypress Head, Country's Point, Riverside Acres and Cypress Trails, and all new developments. Policy : The City s Land Development Codes and Regulations shall protect existing and planned residential areas including single family neighborhoods, from disruptive land uses and nuisances. Policy 1.7.4: The City shall review for and require development which will maintain and facilitate a park like setting when appropriately designating land use categories or reviewing for land development permits. Policy 1.7.5: The City shall implement Land Development Regulations which require all non-single family residential development and all non-residential developments to be designed in a park-like setting. Policy 2.3.5: Principles and criteria for guiding the location of special residential housing shall include compatibility of housing with surrounding residential or non-residential uses, proper access to the site to ensure the adequacy of existing or proposed road systems, aesthetic controls of both signage and architecture to alleviate negative inconsistency impacts upon adjacent areas, security concerns of the proposed facilities, proper buffering through site plan review based on the traffic intensity of the activities at the facility, and proximity guidelines to ensure adequate distances between facilities. GOAL 3: A Safe, Convenient And Efficient Motorized And Non-Motorized Transportation System Shall Be Available For All Residents And Visitors To The City, Which Minimizes Through Traffic Within The City And Does Not Negatively Impact Residential Development. Objective 3.1: The City s transportation system will emphasize safety, efficiency and aesthetics and protection of residential areas. Policy 3.1.4: The City shall adopt and enforce criteria for landscaping and signs along roadways. All roadways adjacent to residential development shall be heavily buffered. Objective 3.5: The City will utilize all possible methods to discourage and prevent external traffic flow through the City, through Holmberg Road, or Riverside Drive. Holmberg Road shall remain a local two lane road whose primary aim will be to serve the residents of the City. All attempts to widen Holmberg Road shall be discouraged and resisted. Vehicular use of Riverside Drive shall terminate at Holmberg Road and Riverside Drive shall remain a four lane road. All attempts to widen or extend Riverside Drive as a vehicular thoroughfare north of Holmberg Road shall be discouraged and resisted. Consider right-of-way north of Holmberg Road in the former Riverside Drive extension for use as non-vehicular recreational thoroughfare. Annually, review the transportation system to determine if any actions have been approved which promote through traffic within the City. Policy : To enhance its rural image and flavor, the City shall consider the adoption and implementation of a uniform signage plan for all City parks, recreation facilities, and multipurpose trails. (4) Caselaw. In accordance with the U.S. Supreme Court s cases on sign regulation, the regulations in this article are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate the secondary effects of speech that may adversely affect the City s substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to: A. Reed v. Town of Gilbert, U.S., 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic on noncommercial temporary signs; 10.A Packet Pg. 54

55 B. Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and offpremise signs; C. City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas; D. Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas; E. Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places; F. Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of regulation of commercial speech; and G. City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property. (5) Impact of sign clutter. Excessive signage and sign clutter impairs the legibility of the environment, and undermines the effectiveness of governmental signs, traffic control devices and other required signs (such as nameplate sign, noncommercial onsite directional sign, identification sign, onsite or onpremise wayfinding sign, and warning sign) that are essential to identifying locations for the delivery of emergency services and other compelling governmental purposes. The intent of these sign regulations is to enhance the visual environment of the City, ensure that City residents and visitors can safely navigate through the City to their intended destinations, and promote the continued well-being of the City. It is therefore the purpose of this article to promote aesthetics and the public health, safety and general welfare, and assure the adequate provision of light and air within the City through reasonable, consistent and nondiscriminatory standards for the posting, displaying, erection, use, and maintenance of signs that are no more restrictive than necessary to achieve these governmental interests. (6) Specific Legislative Intent. More specifically, the sign regulations in this article are intended to: A. Encourage the effective use of signs as a means of communication in the City; B. Maintain and enhance the scenic beauty of the aesthetic environment and the City's ability to attract sources of economic development and growth; C. Improve Ensure pedestrian and traffic safety; D. Minimize the possible adverse eaffect of signs on nearby public and private property; E. Foster the integration of signage with architectural and landscape designs; F. Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding; G. Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs; H. Encourage and allow signs that are appropriate to the zoning district in which they are located, and consistent with and serving the needs of the category of useland uses, activities and functions to which they pertain; I. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location, and the nature of anysuch businessuse, and to allow smooth navigation to these locations; J. Establish sign size in relationship dimensional limits and placement criteria for signs that are legible and proportional to the scalesize of the lot and building on which the sign is to be placed, or to which it pertains; 10.A Packet Pg. 55

56 K. Regulate Categorize signs so that they are effective in performing the based upon the function of identifying and safely directing pedestrian and vehicular traffic to a destination that they serve and tailor the regulation of signs based upon their function; L. Preclude signs from conflicting with the principal permitted use of the sitelot and adjoining siteslots; M. Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians; N. Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs; O. Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the City; P. Allow for traffic control devices and government signs without regulation consistent with national standards and whose purpose is to, because they promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify by notifying road users of regulations and provide providing nationally consistent warnings and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream and modes of travel, while regulating private signs to ensure that their size, location and other attributes do not impair the effectiveness of such traffic control devices; Q. Protect property values by precluding, to the maximum extent possible sign-types, signs that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement; R. Protect property values by ensuring that sign types, as well as the number of the size, number and appearance of signs, are in harmony with buildings, neighborhoods, structures, and conforming signs in the area; S. Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the City and that complements the natural surroundings in recognition of this City's reliance on its natural surroundings and beautification efforts in retainingas a source of economic advantage as an attractive place to live and work; T. Classify and categorize signs by type and by the function they serve; U. Not regulate signs more than necessary to accomplish the compelling and substantial governmental objectives described herein; and V. Enable the fair and consistent enforcement of these sign regulations. Sec Definitions. [Editor s note: all definitions are existing, and have been relocated here from the Section 22-4, the main definitions section of the land development code, unless otherwise indicated with strikethru and underline formatting.] A. Terms defined. For the purposes of this article, the following words and phrases shall have the meanings herein set forth. Any term that is used in this article and not defined herein shall have the meaning given to it by Section 22-4 of this chapter: Abandoned or discontinued sign or sign structure. A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six (6) months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (i) a sign displaying advertising for a product or service which is no longer available or displaying advertising for or identification of a business which is no longer licensed, or (ii) a sign which is blank. 10.A Packet Pg. 56

57 Advertise or Advertising means any form of public announcement intended to aid directly or indirectly, in the sale, use or promotion of a commercial product, commodity, service, activity or entertainment. Animated sign means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, or emits smells or noises. Announcing sign means a temporary on-premises sign announcing a project to be under construction or an intended use of the premises in the immediate future, containing sign copy limited to the project name, the nature of the development, the owner or agent, and/or a telephone number for information about the project. Artistic monument sign means a monument sign that exhibits unique, dimensional, creative and innovative methods of design, lighting, materials or construction that are above the typical sign industry standard. Awning means a roof like cover, often made of fabric, metal or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like. Banner means a sign that cannot be considered a flag, having characters, letters or illustrations, if any, applied to cloth, paper, plastic, or fabric of any kind, with only such material for backing. Billboard means a structure utilized for advertising an commercial establishment, an activity, a product, or service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located. Box or cabinet sign means a sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device. Changeable copy sign means a sign that is designed so that characters, letters or illustrations can be changed or rearranged manually or electronically without altering the face or the surface of the sign. A changeable copy sign is not an animated sign. Commercial message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity. Construction sign means a temporary on-premises sign identifying the ongoing construction activity during the time that a building or engineering permit is active and prior to completion of the work for which the permit was issued, containing sign copy is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site. Copy means the linguistic or graphic content elements of a sign. Election sign. See Political sign. Entrance wall feature means a freestanding, decorative wall constructed of masonry, stone or other material approved by the city commission, that is integrated into the landscape alongside a vehicular entrance to a development to bring attention to the entrance. An entrance wall feature does not function as a barrier or screen. Flag means any fabric or bunting containing distinctive colors, patterns, or symbols, used as the official symbol of a government, political subdivision, or other entity. Flashing sign means a sign which permits lights to be turned on or off intermittently more frequently than once per minute. Footcandle means the unit of measure expressing the quantity of light received on a surface. One (1) footcandle is the illuminance produced by a candle on a surface one (1) foot square from a distance of one (1) foot. Footlambert means the centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one (1) lumen per square centimeter. Freestanding sign means a self-supported structure attached to the ground, and not attached 10.A Packet Pg. 57

58 or fixed in any way to a building, entrance wall feature, or any other structure. Graphic element means a letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof. Holiday and seasonal decorations means decorations that pertain to legal or other recognized holidays or to a season of the year. Identification sign means a sign used to identify the name of a residential subdivision, or nonresidential development, business, organization or other nonresidential occupant of a premises, and the street address. Identification signs are not used to advertise services and goods provided. Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not the lights or tubes are physically attached to the sign. Internal illumination means a light source concealed or contained within the sign which becomes visible by shining through a translucent surface. Marquee sign means a sign attached to or hung from a canopy or covered structure projecting from, and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line. Master development plan means a complete and exact plan for the development of property which shall indicate existing site features, existing roadways, location, type and intensity of land uses, interior vehicular circulation system and designation for common open space, recreational and similar areas. Master-planned residential development means any residential development for which the city commission has approved a master site plan or master development plan, or which otherwise has common areas that are owned, managed and maintained under unified control. Model sign means a temporary on-premises sign which designates a particular dwelling unit design which is not for sale, but rather represents other units of a similar design that are for sale, containing sign copy limited to the model or complex name, the building-architectural agent, the number of bedrooms and baths, and a telephone number for further information. Monument sign means a permanent freestanding sign with a supporting structure that is architecturally and aesthetically integrated into the overall design of the sign. Nameplate sign means a sign indicating the name and/or profession or address or both of a person or persons residing on the premises, or legally occupying the premises. A nameplate sign for a premises in a nonresidential, nonagricultural district may also indicate the use located at the premises. Noncommercial message means a noncommercial message is any message, which is not a commercial message. Noncommercial on-site directional sign means an on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like. Nonconforming sign means a sign or advertising structure existing within the city limits on the date the ordinance from which this chapter derived became effective or a sign or advertising structure existing in an area annexed to the city after the above effective date which by its height, type, material, content, square foot area, location, use, or structural support does not conform to the requirements of this chapter. On-site or On-premise means objects located within the bounds of the relevant property or building, including any appurtenant sidewalks, walkways, patios, and landscaped areas. On-site or On-premise wayfinding sign means: (i) A sign typically located along a vehicular entranceway, sidewalk or walkway within a commercial development, which depicts the names and locations of identifies 10.A Packet Pg. 58

59 businesses in said development; and (ii) A sign located along a street or pedestrian path within a master-planned residential development, which indicates identifies the location of neighborhoods and major amenity areas within the development. Permanent sign means any sign which, when installed, is intended for permanent use. For the purposes of this chapter any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign. Pole sign means a permanent ground sign with a visible support structure, such that the sign face and support structure do not appear as one (1) solid monolithic appearance, or otherwise having a support structure that is not architecturally integrated into the overall design of the sign, but not including a flag on a flagpole. Political sign means a temporary sign which indicates the name, cause or affiliation of anyone seeking public office, or which indicates any issue for which a public election is scheduled to be held. Project sign means a temporary on-premises sign which identifies the construction of a building or a building complex during the time period that a building permit is in effect and before the issuance of a certificate of occupancy, and providing information limited to the name of the project, the nature of the development, the general contractor, the lending institution, the owner or agent, a telephone number for information about the project, and the time of availability. Projecting sign means a sign attached to and supported by a building or other structure and which extends at any angle and projects not more than eighteen (18) inches from the structure upon which it is constructed or attached therefrom. Projecting sign shall not be interpreted to include an under-canopy sign. Real estate sign means a temporary sign erected by the owner, or his agent, indicating real property which is for rent, sale or lease. Revolving or rotating sign means any sign that revolves or rotates. Roof sign means a sign erected over or on the roof, extending above the roof line, which is dependent upon the roof, parapet or upper walls of any building for support. Sandwich-type sign means a movable sign not secured or attached to the ground. Sign means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public. Also, the above, when inside of a building in such a way as to be in view of the general public through a window or door from an abutting collector or arterial roadway and used or intended to be used to attract attention or convey information. This term shall not be interpreted to include traffic control device signs. Sign area means a square foot area enclosed by the perimeter of the sign face. When a sign, composed of letters only is designed to be compatible with a particular architectural style, the sign area is the sum of the area of the smallest contiguous rectangles or circles capable of containing one (1) letter. In all other cases, the area is enclosed by the perimeter line enclosing all letters. Sign face means the part of the sign that is or can be used for communication purposes. Sign painting means the act of taking a specific kind of brush, and with various kinds of paint, and applying it to a two (2) or three (3) dimensional surfaces creating letters, forms and/or symbols. Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes or fences, or to other objects with the message appearing thereon not applicable to the present uses of the premises or structures upon which such sign is located. Special event directional sign means a temporary sign providing direction for vehicular traffic to a special event. 10.A Packet Pg. 59

60 Special event sign means a sign which carries a message regarding a special event. Tag line means a reiterated phrase identified with an individual, group, or product; slogan. Temporary sign means any sign intended for use not permanent in nature. For the purposes of this chapter, any sign with an intended use of twelve (12) months or less shall be deemed a temporary sign. Thoroughfare, primary means any of the following roads within the City of Parkland: State Road 7; Pine Island Road; University Drive; Nob Hill Road; Hillsboro Boulevard; and Lox Road. Thoroughfare, secondary means any of the following roads within the City of Parkland; Holmberg Road; Trails End; and Parkside Drive. Traffic control device sign or Traffic control device means any sign located within the rightof-way and that is used as a traffic control device and described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administration as the National Standard and as may be revised from time to time. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.)), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). See City of Parkland's Standard Signing and Striping Details Manual, Sheets 1 through 3 for specific signs and regulatory pavement markings. These devices are not regulated as signs under this article. Under-canopy sign means a sign suspended beneath an awning, canopy, ceiling, roof or marquee. Uniform sign program or plan means a comprehensive set of regulations and restrictions governing the location, number, type, size, height, color, and style of signs in a commercial development. Vehicle sign means a sign that is temporarily or permanently affixed to a vehicle, whether parked or in transit, that is used primarily for advertising. Such a sign on a vehicle that is regularly used in the conduct of the business or endeavor advertised on the vehicle, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle sign under this definition. Vehicle sign means a sign with a total sign area equal to or less than ten (10) square feet that is temporarily or permanently affixed to a vehicle, whether parked or in transit, when that vehicle is regularly used in the conduct of the business or endeavor advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle used in the conduct of business" under this definition. Wall sign means a sign which is approximately parallel to and supported by any wall or other enclosure. Private wwarning sign means a sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.). Wind sign means a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind. This shall include pennants, ribbons, spinners, streamers or captive balloons, but shall not include a flag on an allowed flagpole or mounted at the entrance of a building. Window sign means a sign located on a window or within a building or other enclosed structure which is visible from the exterior through a window or other opening. Sec Nonconforming signs that are damaged or that are in need of repair. 10.A Packet Pg. 60

61 If any nonconforming sign is damaged by any cause or is otherwise in need of repair to such an extent that the cost of repairing the sign is equal to fifty (50) percent or more of the original cost of the sign, then its classification as a "nonconforming" sign under this section shall be automatically revoked and the sign shall either be removed or repairs shall be made to the sign so that the sign shall meet all the requirements of this chapter article. Sec Substitution of noncommercial speech for commercial speech; content-neutrality as to sign message (viewpoint). A. Notwithstanding anything to the contrary contained in this chapter article, any sign permitted by this Code may be permitted to substitute or change the lettering on said sign face to convey noncommercial messages as often as the person owning or in control of the sign wishes, provided that all other criteria of this Code relating to design criteria, size, setbacks, etc., are satisfied. B. Notwithstanding anything to the contrary contained in this Code article, no sign or sign structure shall be subject to any limitation based solely upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. Sec Prohibited signs. Any sign found posted or otherwise affixed upon any public property contrary to the provisions of this article shall be removed by the department of public works or public safety department. The person responsible for any such posting shall be liable for the cost incurred in the removal thereof, and the city is authorized to effect the collection of said cost. The following are those signs which are prohibited and which shall not be installed or displayed within the municipal limits of the city: A. Animated signs. B. Permanent sandwich-type signs. C. Snipe signs. D. Permanent banner signs. E. Exposed neon tubes or bare bulb signs placed in geometric forms to outline structures, roofs, windows or doors in such a manner as to attract attention. F. Permanent signs illuminated from outside the boundaries of the sign, where the bulb or other source of light within any lighting fixture is visible from any abutting right-of-way or any adjacent property, or otherwise not shielded, designed, oriented or a combination of these as appropriate to obscure the light source from view and minimize glare. G. Roof signs. H. Billboards. I. Box or cabinet signs. J. Vehicle signs with a total sign area on any vehicle in excess of ten (10) square feet, when the vehicle: 1. Is parked for more than sixty (60) consecutive minutes within one hundred (100) feet of any street right-of-way; 2. Is visible from the street right-of-way that the vehicle is within one hundred (100) feet of.; and 3. Is not regularly used in the conduct of the business advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle used in the conduct of business. K. Projecting signs that are not under-canopy signs, when projecting in excess of eighteen (18) inches from the structures upon which they are constructed or 10.A Packet Pg. 61

62 attached. L. Pole signs. M. Painted wall signs and any signs not conforming to the size limitations in section Permanent Signs: Location, or the other applicable standards of this article. N. Flashing signs. O. Any sign located in a sight visibility triangle. P. Off-premises signs. Q. Abandoned signs. R. Wind signs. S. Inflatable balloons displaying advertising. T. Flags, except as allowed per section U. Tag line or call line. V.T Revolving or rotating signs. W.U Signs that emit audible sound, odor, or visible matter, such as smoke or steam. X.V. Signs that cover, interrupt or disrupt the major architectural features of a building. Y.W. Signs that resemble any official sign or marker erected by any governmental agency, the position, shape or color of which would conflict with the proper functioning of any traffic sign or signal, or the size, location, movement, color or illumination of which may be reasonably confused with, construed as, or conceal a traffic control device, thereby creating a safety hazard. Z.X. Words and symbols associated with traffic control on signs that are not traffic control devices and that interfere with, mislead or confuse traffic, such as, but not limited to, "stop," "look," "caution," "danger" or "slow," thereby creating a safety hazard. AA.Y. All other signs that are not specifically permitted or exempted in this sign code. Sec Variances. A. Due to the diversity of the city, it is recognized that the regulations provided herein cannot address all situations pertaining to signs. The city commission is therefore empowered to grant variances from the provisions of this chapter article upon petition filed with the city manager's office after recommendation by the planning and zoning board. B. A variance to this chapter article may be granted as to the physical characteristics of a sign where the variance is not contrary to the public interest; and, owing to special conditions, a literal enforcement of the provisions of this chapter article will result in unnecessary hardship; however, no variance shall be granted by the city commission which has the effect of allowing a sign prohibited by section C. Each petition shall include a fee as adopted by resolution of the city commission for administrative expenses incurred in the processing of the petition, shall be in writing, and shall state with specificity the grounds upon which the petitioner bases his claim upon which the variance has been requested. Sec Hearings on variances. A.D. Within fifteen (15) days Ffollowing the receipt of the written petition for a variance and the payment of the fee, the city manager or his/her designee shall determine whether the petition is complete, or shall return an An incomplete petition shall be returned to the applicant. Upon each resubmittal of a corrected petition, the city manager or his/her designee shall have ten (10) days to determine whether the petition is complete. This process shall continue until the applicant has submitted a complete application or demands that the petition be 10.A Packet Pg. 62

63 reviewed as is, without further revisions. If the applicant fails to provide additional information as requested or respond with a time when the information will be submitted within sixty (60) days of the request, the petition shall be deemed to have been withdrawn by the applicant. The applicant is entitled to one sixty (60) day extension upon request, provided that the request is made prior to the expiration of the 60-day period. E. Within five (5) days of the determination of completeness or an applicant s demand for review of the petition as submitted, the city manager or his/her designee shall cause the complete petition for variance to be scheduled as an agenda item for the planning and zoning board at a meeting to be held within thirty (30) days of the receipt of the written petition, and the planning and zoning board shall make a recommendation as to the variance at that meeting, unless the applicant consents to an extension of time for the board's consideration. BF. Within thirty (30) days of the consideration of the planning and zoning board, or forty-five (45) days in the event that revisions to the written petition are requested or recommended by the board or the city manager, the city manager shall then cause the petition to be considered by the city commission together with the recommendation of the planning and zoning board. CG. The city manager or his/her designee shall cause notice of the public hearing to be sent to the applicant and to all the owners of real property within five hundred (500) feet from the boundary of the real property involved in the application for relief. D.H. The city commission shall render a decision in writing within ten (10) days after the scheduled hearing on the petition. If the petition for the variance is granted, the city commission shall cause a resolution to be made stating the terms and conditions upon which the variance has been granted and shall cause a copy of the resolution to be made a part of the municipal records of the city. If the petition for variance is denied, the city commission shall state in writing the reasons therefor. Sec Violations. The building official of the city or his/her designee shall be authorized to enforce the provisions of this chapter article and pursuant to this authorization shall be empowered to cause citations to be issued for all violations of this chapter article. Sec Flagpoles and flags in all zoning districts. A. Residential districts. Except for residential lots of record which are over two (2) acres in size, there shall be one (1) flagpole allowed per parcel or lot of record for the display of flags. For residential parcels greater than two (2) acres, two (2) flagpoles shall be permitted. The maximum size of any flag is twenty-four (24) square feet. Flags attached to an angled pole attached to a building shall not exceed fifteen (15) square feet. No flags of any commercial nature may be displayed within any residential districts. B. Maximum height. Except as set forth herein, the maximum height of the flagpole in any residential zoning district shall not exceed twenty-five (25) feet. C. Commercial, industrial, open space and community facility districts 1. Within all commercial, industrial, open space/recreation, and community facility zoning districts, buildings under forty thousand (40,000) square feet in size and located on a plot under five (5) acres, up to two (2) flagpoles may be erected per property owner containing one (1) flag per flagpole only or one (1) flagpole containing no more than two (2) flags may be erected. The maximum height of a flagpole shall not exceed 10.A Packet Pg. 63

64 twenty (20) feet. The property owner can substitute the flagpole and attach no more than two (2) flags to the property owner's building. The maximum size of any one (1) flag shall not exceed twenty-four (24) square feet. Flags attached to an angled pole attached to a building shall not exceed fifteen (15) square feet. The location of any flagpole or flag must be identified on a site plan prior to receiving a building permit and may be no higher than the roofline of the first floor of the building. No flags of any commercial nature may be displayed within these districts. 2. Within all commercial, industrial, open space/recreation, and community facility zoning districts, buildings forty thousand (40,000) square feet or larger in size and located on a plot five (5).01 acres or over, up to two (2) flagpoles may be erected per property owner containing one (1) flag per flagpole only or one (1) flagpole containing no more than two (2) flags may be erected. The maximum height of a flagpole shall not exceed twenty-five (25) feet. The property owner can substitute the flagpole and attach no more than two (2) flags to the property owner's building. The maximum size of any one (1) flag shall not exceed twenty-four (24) square feet. Flags attached to an angled pole attached to a building shall not exceed fifteen (15) square feet. The location of any flagpole or flag must be identified on a site plan prior to receiving a building permit and may be no higher than the roofline of the first floor of the building. No flags of any commercial nature may be displayed within these districts. 3. Within all parcels containing governmental institutions, including public or private schools, up to three (3) flagpoles may be erected per property owner containing one (1) flag per pole only. If only one (1) flagpole is erected, two (2) flags may be flown. The property owner can substitute the flagpole and attach no more than two (2) flags to the property owner's building. The maximum height shall not exceed thirty-five (35) feet. The maximum size of any one (1) flag shall not exceed sixty (60) square feet. D. Maximum dimension. The maximum dimensions of any flag shall be twenty-four (24) square feet. E. Setback. The minimum setback of the flagpole from all property lines shall be equal to the height of pole or the required setback for the zoning district, whichever is greater. F. Cellular tower as flagpole. In the event that a flagpole is proposed to camouflage a cellular tower as part of a proposal to limit the adverse visual appearance of a lattice or other noncamouflaged cellular tower, the location of which is otherwise necessary, the city commission may allow a flagpole to reach a height greater than set forth herein and may allow for a flag size greater than set forth herein. If a flagpole is proposed to camouflage a cellular tower, the pole and flag size are subject to the following dimensional limitations: Pole Height Maximum Flag Size Up to 25 feet 24 total square feet 25 to 39 feet 40 total square feet 40 to 49 feet 60 total square feet 50 to 59 feet 96 total square feet 60 to 69 feet 150 total square feet 70 feet 216 total square feet G. Site plan approval required. All flagpoles are required to obtain site plan approval 10.A Packet Pg. 64

65 in addition to obtain a building permit. H. Existing flagpoles.any existing flagpole with a valid building permit is excluded from the height and setback requirements as set forth herein. I. Flags to be in good condition.all flags shall be in a good condition state of repair when being flown as determined by the city manager and/or his/her designee. If a flag has been determined to be in poor maintenance condition, the property owner shall have three (3) days to replace the poorly maintained flag with a flag in good condition state of repair. J. Penalties. It shall constitute a violation of the city Code, punishable as provided in this section, to intentionally or willfully: 1. Fly a flag that is torn, tattered, ripped, faded, worn, damaged or not maintained; 2. Fly a flag in violation of the United States Code, as may be amended from time to time. 3. To otherwise fail to comply with this article. Failure to comply with any part of this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment. Each day a violation exists shall be a separate violation. In addition, the city shall also have the right to revoke, refuse to issue, refuse to reissue, refuse to transfer, or refuse to renew any business tax receipt for any facility, business, entity or establishment where the violation occurred until such time as the violation and/or fine is corrected. DIVISION PERMITS Sec Permits required. A. Sign permits. Except for exempt signs, it shall be unlawful for any person to install, alter or cause to be installed or altered within the municipal limits of the city any sign otherwise allowed under this chapter article and visible from a public right-of-way, whether permanent or temporary, without first having obtained a sign permit from the city. The sign permit shall be issued by the city only after determination has been made that the proposed sign fully complies with all conditions of this chapter article. B. Building permits. When required by the Florida Building Code, a building permit shall be obtained to erect those signs or sign structures that are subject to the Florida Building Code. The requirement of a building permit is separate and apart from the requirement of a sign permit. Sec Applications for sign permits. Applications for sign permits required by this article shall be filed with the city in conformance with an approved development plan and shall contain the following information: A. Name and address of owner of proposed sign or his authorized agent. B. Type of sign and/or structure with all relevant dimensions. C. Location of premises upon which sign is to be located and photographs of the area in which the sign is to be placed which includes adjacent signage of the area. D. A plan or design of the sign showing the square foot area of the sign as well as the sign face, height of letters, colors, materials, lighting, equipment if any, and its position relative to the building, the complete building elevation at a scale of no less than one (1) inch equals eighteen (18) feet, other signs on the building or within one hundred (100) feet of the property line. E. Two (2) separate scaled drawings of the proposed sign shown at a scale of onehalf (½) inch equals one (1) foot. These drawings shall also contain all dimensions, size and colors. F. The drawings for all signs which are to be illuminated shall show the location of 10.A Packet Pg. 65

66 electrical outlets, conduits and lighting sources. The plan shall also indicate the intensity of illumination as certified by an electrical engineer, which shall not exceed the maximum specified herein. G. Cost of the sign. H. Such other information as may be required by the building official of the city in order to review the sign permit application for compliance with the city's signage and related land development regulations. Sec Fees. Permit fees for the erection of signs within the municipal limits of the city shall be as set in the building permit fee schedule as adopted by the commission. Other than the required building permit fee, there shall be no other fee for the erection or display of a sign. Sec Issuance Of Sign Permit. A. A sign permit application shall be delivered to the city manager or his/her designee for review and recommendations. The processing timeframes in this section may be waived by the applicant. Applications for wall signs which conform to criteria and standards previously approved by the city commission as part of a uniform sign program for a given commercial development may be approved administratively within fifteen (15) days of receipt of a complete permit application without necessity for further review and approval by either the planning and zoning board and city commission. All other sign permit applications and Community Appearance Board reviews of temporary signs inside a planned residential development per Section C. shall be subject to review by the planning and zoning board and city commission as follows: Such applications shall be first reviewed by the city manager or his/her designee who shall, within fifteen (15) days of the receipt of such application, determine whether the sign permit application is complete or return an incomplete petition to the applicant. For complete applications, the city manager or his/her designee shall, within thirty (30) days of a determination of completeness prepare a recommendation for consideration by the planning and zoning board. The planning and zoning board shall consider the application at its next regularly scheduled meeting, or at a special meeting, so long as such meeting is within thirty (30) days after the determination of the application s completeness sign permit application's delivery to the city manager or his/her designee, or at a special meeting to be held no later than thirty (30) days after the aforesaid application's delivery to the city manager or his/her designee. At that time, the planning and zoning board shall review the same and make such recommendations (if any) it deems appropriate for consideration by the city commission. B. The city commission shall then consider the sign permit application and the recommendations, if any, of the planning and zoning board at the commission's next regularly scheduled meeting held within thirty (30) days after the matter has been heard by the planning and zoning board, but in no event later than sixty (60) days after the delivery of sign permit application to the city manager or his/her designee (even if the planning and zoning board has not reviewed the aforesaid application or has not made recommendations regarding the same). At that time, the city commission shall consider whether the proposed sign and/or sign structure complies with the city's sign regulations and applicable community appearance standards set forth in the city's land development code, and the city commission shall grant, grant with conditions, or deny the sign permit application within seven (7) days after such meeting. If the application is granted with 10.A Packet Pg. 66

67 conditions or if the application is denied, the conditions or the reasons for denial shall be set forth in writing and delivered to the applicant. C. If the city commission fails to act within the aforesaid time limits, or fails to state the conditions or reasons for denial in writing, the applicant shall be entitled to make a written request for the city commission to consider or reconsider the application. Such request shall be submitted by the applicant to the city commission within ten (10) days after the city commission's deadline for taking the described action, and the written request for reconsideration shall be heard at by the city commission within seven (7) days thereafter. At that time, the city commission shall address the applicant's request and take up or again consider whether the proposed sign and/or sign structure complies with the city's sign regulations and applicable community appearance standards, and the city commission shall grant, grant with conditions, or deny the sign permit application at such meeting. If the application is granted with conditions or if the application is denied, the conditions or the reasons for denial shall be set forth in writing and delivered to the applicant. If the city commission fails to take action within the time periods set forth above, the permit shall be deemed granted. D. If the sign permit application is granted, the permittee shall furnish the building official or his designee with photographs of the sign in place within thirty (30) days after the same is erected or constructed, and which shall show compliance with any and all height, size, setback, or other requirements of this chapter article. Sec Revocation. A. Sign permits issued under this article shall be good for the life of the sign approved. However, each and any sign permit may be revoked if the building official or his designee upon his determination that the sign is not in full compliance with the provisions of this chapter article. B. If a sign authorized by any sign permit has not been constructed within nine (9) months after the date of issuance of any sign permit, then the sign permit shall automatically be revoked. Sec Exemptions. The following signs, while they may be covered by the general provisions of this chapter article, shall be exempt from the sign permit requirements of this article. However, this exemption in no way waives requirements of the Florida Building Code or the city's adopted engineering standards or any limitation or restriction on the number, size, height, setback, placement or duration of such signs under this chapter article or any limitation or restriction under any other applicable law or regulation: A. Traffic control device signs. B. Private wwarning and safety signs. B.C. Noncommercial Oon-site directional/parking/traffic control signs. C.D. Nameplate signs. D.E. Street addresses that are required. E.F. Flags. G. Holiday and seasonal decorations. F.H. Window signs. I.G. Temporary signs, as set forth in section H. Changes to the copy of an existing sign that do not require a building permit J. Political signs. K. Free expression signs. DIVISION CONSTRUCTION, MAINTENANCE, INSTALLATION AND OTHER 10.A Packet Pg. 67

68 STANDARDS Sec Requirements for signs in all zoning districts. A. Design and structural requirements. 1. All structural members utilized in the construction or erection of signs shall be concealed except for vertical supports or other supporting members which are designed and arranged so as to be an integral part of the aesthetic composition of a sign. 2. All signs shall be designed so as to be architecturally compatible. No sign or sign face shall cross or disrupt architectural features of the building to which it is attached. 3. Permanent freestanding signs are limited to monument identification signs,. 4. All of which are subject to the following requirements apply to monument signs, and paragraphs a. and e. apply to entrance wall feature signs. except as provided in subsection E., for artistic monument signs: a. Height. Except as provided in subsection E., signs shall not exceed six (6) feet in height. Height shall be measured above the edge-of-pavement elevation of the nearest abutting road at its closest point to the sign location. b. Design. The sign base shall be, at a minimum, the same width as the sign structure, unless otherwise designed to take the form of an architectural enhancement that complements the design of the building(s) and plaza and coordinates with the uniform sign plan. A masonry or concrete base is not considered an architectural enhancement. c. Supports. All supporting members or materials utilized in the construction or erection of monument signs shall be concealed. d. Artistic signs. Monument signs that qualify as artistic signs pursuant to subsection E., are permitted to vary from the standards or paragraphs b. and c., above at the discretion of the city commission. e. Landscaping. Permanent freestanding signs shall be integrated into a broad, lush landscape that is sufficient to achieve a balance of scale such that the sign does not dominate the landscaping around it. This requirement for signs to be balanced in scale and extent by landscaping is a performance standard. The community appearance board shall determine whether the landscape materials, extent of landscaped area and composition of the landscaping comply with this performance standard. In no event, however, shall the landscaped area around the base of the sign be less than four (4) square feet for each square foot of sign area with landscape materials in accordance with subsection N E. 4. Temporary freestanding signs shall not exceed five (5) feet in height above the finished grade upon which placed. 5. Wall signs on multiple-tenant and single-tenant buildings (including those on outparcels) located in the same commercial center shall be stylistically consistent and compatible with one another. The color and font/style of letters used for such signs shall be identical unless otherwise specifically approved by the city commission. The height of letters used for different signs in the same commercial center must fall within a fourinch range unless otherwise specifically approved by the city commission. 6. All wood, whether used for new permanent signs, for replacement of existing signs, or for any part thereof, shall be rot and termite resistant, through open cell preservation methods as specified by the American Wood Preservation Association, or by any other open cell preservation treatment approved by the city. 7. The use of lettering and sign design shall enhance the architectural character of the facade on which the sign is located. 8. All signs must be removed immediately upon discontinuance of their intended or approved use. 10.A Packet Pg. 68

69 All signs are limited to one (1) sign face, except that freestanding signs and under canopy signs, are permitted to have two (2) sign faces. The interior angle between the opposing sign faces shall not exceed fifteen (15) degrees, except as may be approved for artistic signs in subsection E. The maximum sign area permitted in section Basic Sign Design Schedule in All Zoning Districts, shall be permitted for each face of a double-faced sign, provided that the copy on the sign faces is identical. B. Illumination. The following conditions and restrictions shall apply to illuminated signs: 1. Except as hereinafter provided in this section, illuminated signs, or illumination in show windows, display windows, in or upon any building shall have the source of light concealed from view from the exterior of the building or structure. 2. Permanent signs may be illuminated internally within channel letters, back lit for a silhouette effect (reverse channel letters), externally illuminated from the ground, or externally illuminated from an architectural (decorative) overhead full-cutoff fixture (i.e. a gooseneck lamp) that is integrated into the design of the sign or facade. Monument sign cabinets may be internally illuminated only if opaque cabinet panels with cut-outs for individual letters and characters are utilized, providing the appearance of channelized letters. 3. External light sources shall be shielded, landscaped when ground-mounted and, except for decorative overhead architectural fixtures as provided in paragraph 2., above, not visible from any adjacent rights-of-way or residentially zoned or developed properties, or from dwelling units on upper stories within the same building on which the illuminated sign is located. Light fixtures that are architectural elements of a building need not be hidden from view, provided that the bulbs or other light source within the fixtures are shielded from view. 4. Intensities of illumination in all cases shall be approved by the building official before the issuance of a sign permit for compliance with the following maximum illumination intensity levels: Maximum Illumination Intensity Level Type of Illumination Located Within 500 Feet Located Beyond 500 Feet of a (and Visible from) a Residential Zone Residential Zone Direct, internal or back 90 footlamberts 150 footlamberts lighted Indirect or reflected sign 10 footcandles 25 footcandles 5. Illuminated signs located within five hundred (500) feet of a residential zone, and which are visible from such residential zone shall be turned off not later than 11:00 p.m. each night. 6. No intermittent or flashing illumination will be permitted. 7. All exterior electrical outlets for signs shall terminate in a galvanized box with a blank cover, which shall be flush with and not protrude beyond the finished surface of the exterior wall. 8. Transformer boxes, outlets, conduits, and other accessory equipment for any sign shall be placed so that they are not visible from the exterior, and no face jumping shall be permitted. 9. All lighting for all signs shall be designed to prevent light spillage from sign face, and shall not be of such intensity or brilliance as to cause glare, visual distraction or nuisance. 10. The use of neon is limited to an internal light source for signs. 11. Strip lighting shall not be used to border or outline a window, door, canopy or any 10.A Packet Pg. 69

70 portion thereof. 12. Temporary and portable signs shall not be illuminated. C. Maintenance. Every sign, together with its framework, braces, angles, or other supports shall be maintained in a safe condition, properly secured, supported and braced to withstand wind pressure as required by the Florida Building Code or any other applicable regulatory code or ordinance in effect within the city limits. D. Location. 1. No sign or support shall be placed in such position or manner as to obstruct or interfere, either physically or visually, with traffic circulation (pedestrian or vehicular), any fire alarm, police alarm, traffic signal or sign or any devices maintained by or under public authority. 2. No sign over a walkway shall have a vertical clearance of less than eight (8) feet in height as measured from the bottom of the sign to the walkway. 3. No sign, other than a traffic control sign, shall be located within a sight visibility triangle. E. Artistic monument signs. 1. This category of signs has been created to encourage signage that is creative or sculptural by rewarding the extra effort required to create this type of sign through the incentives listed in this provision. 2. Applicants are encouraged to use the services of a design professional to create their sign and to utilize a well-qualified signage manufacturer to fabricate and install their sign. 3. An artistic monument sign is defined as a monument sign that exhibits unique, dimensional, creative and innovative methods of design, lighting, materials or construction that are above the typical sign industry standard. In order to be eligible for the incentives of this section, the sign must exhibit multiple characteristics identified below: a. Dimensional design that enhances the architecture or landscape of the establishment or development that it identifies. Sculptural creations are encouraged. b. Combination of materials that exceeds industry standard quality such as natural stone, stainless steel or glass. c. Colors, typeface facing, and lighting that are contributing elements to the overall design of the sighn. d. Design that is integrated as part of an overall design of the landscape, building or site. e. Design that reflects and enhances Parkland's character as a sophisticated community within a park-like setting. 4. All artistic signs shall comply with following requirement: a. Design and dimensions shall respect and enhance the localized context of the area in which the sign will be placed. b. All supporting members or materials utilized in the construction or erection of monument signs shall be concealed, except for supports or materials which are designed and arranged so as to be an integral part of the aesthetic composition of a sign. 5. Artistic monument signs are eligible for the following incentives at the discretion of the city commission: a. Sign area may exceed the maximum allowance in this article by up to fifty (50) percent per sign along a primary thoroughfare and up to twenty-five (25) percent per sign along a secondary thoroughfare. b. Sign height along primary thoroughfare frontages may be increased to eight (8) feet upon four (4) affirmative votes of the city commission. 10.A Packet Pg. 70

71 c. Sign height along secondary thoroughfare frontages may be increased to seven (7) feet upon four (4) affirmative votes of the city commission. d. The number of signs may exceed the allowance in this article by one (1) sign for each primary and secondary street frontage of at least five hundred (500) feet in length. Outparcel frontage shall be credited toward this measurement wherever an outparcel intervenes between the thoroughfare and the master development parcel, provided that the master development has at least two (2) entrances from the thoroughfare where the additional sign is proposed. e. The city commission may waive or modify design standards set forth in this section F. Changeable copy signs. Changeable copy is permitted only as specified in this subsection. 1. Within the community facilities district, up to fifty (50) percent of a single building wall sign face or ground sign face per primary or secondary thoroughfare frontage may be allocated for changeable copy. 2. Motor fuel pump stations may allocate uup to twelve (12) square feet per monument sign may be allocated for changeable copy for motor fuel pump stations price signs. Should this provision conflict with where required by a preempting federal or state law, said federal or state law shall govern. 3. Theatres may allocate up to fifty (50) percent of each permitted building wall sign face or ground sign face for changeable copy. 4. All changeable sign copy shall be static for a period of time not less than twelve (12) hours. 5. Electronically changeable copy proposed within two hundred fifty (250) feet of a dwelling unit shall be reviewed for lighting control and mitigation in order that the lighting from the sign shall not result in a light intensity of greater that three-tenths (.3) foot-candle above ambient lighting, as measured at the property line or any residential property within two hundred fifty (250) feet of any residential property. 6. A permit is not required for change of copy permitted under this subsection. Sec Requirement for uniform sign program. For any integrated multi-tenant commercial or industrial development in the city, a uniform sign program shall be established and approved by the city commission as required under the community appearance standards for signage in section Signage for Commercial Centers. Uniform sign programs for developments that include one (1) or more multiple-tenant monument signs shall provide standards to ensure the compatibility of lettering styles, sizes and colors, and to ensure that there are adequate white (blank) space in between lines of text and bordering the text at the sign edges. All uniform sign programs require Community Appearance Board approval. Sec Permanent signs; location. Only such permanent signs as are authorized in this section shall be permitted to be erected or maintained upon any building, plot or parcel of land. Except for those sign types identified in subsections A. through D. E., below, city commission approval is required for all permanent signs through community appearance board approval of a uniform sign program or individual signs for properties exempt from uniform sign program approval. A. Permanent traffic control device signs. B. Permanent private warning and safety signs, not to exceed four square feet per sign up to a cumulative maximum of sixteen square feet per property;. C.B. Street address signs. In all zoning districts, all residences and all establishments shall have street addresses displayed which are visible from the public right-of-way and 10.A Packet Pg. 71

72 not less than three (3) inches in height and not more than ten (10) inches in height. Mandatory street address signs, and street address portions of signs, shall not be included in calculating sign area. D.C.Nameplate signs in residential districts. Nameplate signs are permitted for each dwelling unit. Nameplate signs shall not exceed one and one-half (1½) square feet in size. E.D. Nameplate signs in nonresidential, nonagricultural districts. Nameplate signs are permitted at the front and rear of each building. Nameplate signs shall not exceed three (3) square feet in size. At the front of buildings with covered walkways, a nameplate sign may take the form of an identification sign hung at a 90-degree angle or an identification sign located on a canopy or awning. F.E. Noncommercial on-site directional signs (parking/traffic control, etc.). In multifamily and nonresidential districts, and within common areas of master-planned residential developments that are dedicated to a property owners' association, noncommercial onsite directional signs not exceeding three (3) square feet shall be allowed as needed or required. G.F. Wall signs, under-canopy signs, marquee signs, monument signs, window signs, and onsite wayfinding signs: 1. For each complex in a multifamily district, one (1) wall sign or one (1) ground monument sign shall be allowed for each street frontage, not to exceed twenty-four (24) square feet per sign face. Permanent window signs are permitted in commercial zoning districts subject to the following standards: a. Permitted only on the ground floor of a building. b. Shall not cover more than fifteen percent (15%) of the total window area. c. Maximum permitted letter height is eight (8) inches. d. Shall be comprised of graphic elements that are professionally created and applied to the window surface. e. Restaurants, bakeries, delicatessens, and bars Businesses are permitted one (1) illuminated sign on the interior side of a window, not to exceed three (3) square feet. All other illuminated signs are prohibited. 2. For each owned, leased or occupied space in nonresidential and nonagricultural districts, one (1) wall sign or one (1) marquee sign shall be allowed, not to exceed the size limitations delineated in section , except as follows: a. Corner frontages. A second such wall or marquee sign is allowed if the subject building space is located either on a corner lot or outparcel. b. Secondary public entrance. A second wall sign, not to exceed one-half (½) maximum allowable sign area and one (1) line of copy, is also permitted when there is a secondary public entrance into an establishment, provided that the entrance is on a different facade than the main entrance, and provided that such facade faces a primary or secondary thoroughfare, or parking lot that serves the establishment. The planning and zoning director shall have the authority to determine which entrance is primary and which is secondary. c. Service entrances. One (1) wall sign shall be permitted at the rear or side service entrance of each tenant within a multiple-tenant commercial building if the sign faces a thoroughfare or parking lot associated with the commercial building, limited to one-half (½) of the maximum allowable sign are or twelve (12) square feet in area, whichever is less. d. Only one (1) wall sign is permitted per facade elevation. e. All signs under this subsection must be approved through a master sign program. 3. For each development in excess of seven and one-half (7.5) acres in nonresidential 10.A Packet Pg. 72

73 districts, one (1) monument sign shall be allowed along each primary and secondary thoroughfare, not to exceed the height limitation in section subsection A., not the size limitations delineated in section section In multi-tenant commercial developments in excess of seven and one-half (7.5) acres, on-site wayfinding signs shall be allowed not to exceed six (6) feet in height and twenty-four (24) square feet in area if approved by the city commission as part of a uniform sign program. Such signs shall be located, designed and oriented to assist wayfinding only within the development site, not from the public right-ofway. 5. In master-planned residential developments, on-site wayfinding signs and amenity identification signs shall be allowed within common areas that are dedicated to a property owners' association for maintenance, not to exceed six (6) feet in height and twelve (12) square feet in area if approved by the city commission as part of a uniform sign program for the master-planned development. Such signs shall be located, designed and oriented to assist wayfinding only from within the development site, and shall not be visible from any public right-of-way bordering the development. 6. For each gasoline station abutting a roadway, one (1) monument sign shall be allowed, not to exceed the size limitations delineated in section Basic sign design schedule in all zoning districts. 7. For each entrance into a master-planned residential subdivision (single-family or mixed single-family and multiple-family), townhouse or and multiple-family developments or a neighborhood that is officially recognized by the city commission, one (1) entrance feature wall identification sign on each side of the entrance(s) or a single monument identification sign shall be allowed, neither of which shall not exceed the size limitations delineated in section Sec Basic sign design schedule in all zoning districts. The city commission may authorize such signage by official resolution for individual neighborhoods that are not master planned. 8. In addition to any wall sign allowed hereunder, theaters and playhouses shall be allowed one (1) additional wall sign not to exceed seventy-five (75) square feet in size In addition to any wall sign allowed hereunder, freestanding churches and other religious establishments that are not otherwise eligible for a monument sign shall be allowed one (1) nonilluminated monument sign not to exceed twenty-four (24) square feet per face Under-canopy signs shall be permitted in commercial districts subject to the following standards listed below: a. Sign area. Under-canopy signs shall not exceed four (4) square feet in area and shall not exceed one (1) line of copy. b. Mounting. Under-canopy signs shall be mounted a minimum of eight (8) feet above the surface of the walkway. Signs shall be mounted perpendicular to the facade of the adjacent storefront. c. Number. One (1) under-canopy sign shall be permitted for the main entrance for each tenant, not to exceed one (1) per business for each storefront occupied. d. Master sign plan. All under-canopy signs shall be shown on the master sign plan and shall be in conformance with the standards contained herein. e. Under-canopy signs shall not be counted towards the maximum permitted sign area. f. Under-canopy signs shall be permitted to be located under canopies and/or 10.A Packet Pg. 73

74 awnings for pedestrian view only. g. All signs under this subsection must be approved through a master sign program, except for commercial centers which possess an approved master sign plan, prior to adoption of this section,. tthe addition of the under-canopy signs can be accomplished through a no-fee administrative process. h. Under-canopy signs shall be uniform throughout the development in regards to shape, design, location, color and lettering. Sec Temporary signs; location. A. General provisions: 1. Only such temporary signs as are prescribed herein with the provisions of this article shall be placed, displayed and maintained upon any lot, plot or parcel of land without the necessity of a sign permit. 2. No signs permitted, however, shall exceed six (6) feet in height above the crown edge of pavement of the (any abutting) road. 3. There shall never be more than one (1) sign from subsections B. and E., below existing on-site at one (1) time. Signs shall not be placed upon property without the permission of the owner of the property or other person in legal control of the property. It is unlawful to attach signs to rooftops, trees, shrubs, fences, walls, or utility or similar poles. All signs shall be discarded in a proper manner so as to prevent litter and trash from accumulating within the city. Signs shall be no closer than 25 feet to the corner or intersection. Signs under three (3) square feet shall be set back a minimum distance of five (5) feet from the public or private right-of-way. Signs over three (3) square feet shall be set back a minimum distance of ten (10) feet from the public or private right-ofway. Different setbacks may be approved by the City Manager or designee if necessary to assure the visibility of the sign in relation to landscaping and changes in ground elevation. 4. Sandwich-type signs, other than those explicitly authorized in this section, are prohibited. B. Temporary Rreal estate sign permitted in all zoning districts: 1. One (1) freestanding sign allowed per plot. Temporary real estate signs are not allowed along the Sawgrass Expressway unless such lot only has frontage on the same, in which case, placement of such signs shall be a minimum of seventy-five (75) feet from the right-of-way line of the expressway. 2. For sale, for lease or for rent sign, Sign area shall not exceed three (3) square feet in area and sign height shall not exceed three and one-half (3½) feet above the crown of the abutting road. 3. Sign copy may include situation (sale, rent, lease, zoning, size of property, etc.); name of owner, broker or agent; phone number. 34. One (1) additional sign may be hung from or attached to the approved sign for temporary use announcing additional information (i.e., open, by appointment only, pool, waterfront, etc.). An "open sign" may be hung only when the premises are actually available for inspection by the prospective buyer or tenant. Said additional attached sign shall not be larger than eight (8) inches in width nor twenty-four (24) inches in length. 4. A temporary real estate sign shall be removed immediately following the closing of a sale or a rental, or a lease of the subject property has been accomplished. 5. In addition to the one (1) sign per lot allowed herein, open house directional signs in the public rights-of-way shall be allowed subject to the following restrictions: a. Sandwich-type sign no more than two (2) square feet in area and not higher than thirty (30) inches from ground level. b. Red sign with white lettering; no real estate firm name on sign. The sign may contain the telephone number of the realtor or the name and number of the property 10.A Packet Pg. 74

75 owner. c. No more than two (2) signs at any one (1) intersection in the same direction. d. Signs must be within one (1) mile of the open house. e. Signs are allowed from 10:00 a.m. to 5:30 p.m., Saturday and Sunday. f. Signs shall be located so far as not to create a traffic hazard and shall be clear of all sidewalks, multipurpose trails and bike paths. g. Signs shall be enclosed in a sturdy metal frame and shall be securely affixed to the ground. 6. Consistent with the severability provisions that are otherwise applicable to this article chapter, in the event that subsection A.[B.]5. or any portion thereof is determined to be unconstitutional or invalid for any reason whatsoever, such determination shall not affect any other portion or provision of this article chapter. h. A temporary real estate sign shall be removed immediately following the closing of a sale or a rental, or a lease of the subject property has been accomplished. i. Temporary real estate signs shall be prohibited from the major trafficways unless such lot or parcel only has frontage on the trafficway. In such event, placement of such signs shall be a minimum of seventy-five (75) feet from the right-of-way line of the major trafficway. C. Temporary Model signs permitted inside a planned residential development in residential development zoning districts: 1. One (1) freestanding model sign allowed per model adjacent to each model home in a planned residential development, with the 2. Model sign area of each sign is not to exceed six (6) square feet. 3 In addition to the model sign advertises an open model, one (1) freestanding sandwich-type "model open" sign shall be allowed. Sign area shall not exceed four (4) square feet. The signs One additional sign of the same size shall may be displayed only when any model the premises are actually is open and available for inspection by the prospective purchaser One (1) freestanding identification sign adjacent to each side of each site planned and platted vehicular entrance to the planned residential development, not exceeding thirty-two (32) square feet in area or six (6) feet in height above the crown edge of pavement of the any abutting street or road. 3. Temporary signs may be placed adjacent to the internal road network of a planned residential development that has open models, with the sign area of each sign limited to six (6) square feet. 4. A temporary sign, limited to six square feet in sign area, may be placed adjacent to an amenity or destination within the planned residential development. 5. All temporary signs permitted under this paragraph C. shall be: a. set back from any adjacent public right-of-way a distance of at least one hundred (100) feet, but this setback shall not apply to signs permitted under paragraph C.2.; and b. subject to Community Appearance Board approval, applying the standards in Section , Desirable general design elements; and c. may be displayed from the issuance of a building permit for a principal structure until: (i) the time that building permits have been issued for all but the lesser of 10% of the approved lots in the development or ten (10) lots, or (ii) any time that there is no active building permit for thirty (30) consecutive days. D. Announcing Temporary signs permitted for development projects in all zoning districts except single-family and two-family residential districts: 1. Active building permit: One (1) freestanding announcing sign allowed per project with an active building permit. 2. Sign area is not to exceed twenty-four (24) thirty-two (32) square feet, and shall be limited to six (6) square feet in single-family attached and detached developments. 10.A Packet Pg. 75

76 The sign may not be posted until preliminary building plans have been approved and shall be removed when the certificate of occupancy or completion is issued or the date that the building permit expires, whichever is earlier. may not remain in place for more than sixty (60) days. 4. The sign shall be removed prior to the placement of a project sign. E. Project sign permitted in all zoning districts for primary structures only: 1. One (1) freestanding project sign allowed per project. 2. Sign area not to exceed: a. Six (6) square feet in residential single-family and two-family zoning districts. b. Thirty-two (32) square feet in all other zoning districts. c. In residential single-family and two-family zoning districts, a one-square-foot informational sign may be attached to the six-square-foot sign permitted in [subsection] E.2.a., above, where the sign copy may include: the owner's name, the owner's telephone number, for sale, or sold. d. The sign may be posted or displayed from date of issuance of the building permit for the project. e. The sign shall be removed on or before the date the certificate of occupancy is issued or the date that the building permit expires, whichever is earlier. F.E. Window signs. Temporary window signs are allowed in all zoning districts, Window signs shall not constitute in excess of cover more than fifteen (15) percent of the window area, and may be located on or adjacent to the window. In the business zoning district, an additional A temporary "Grand Opening" window sign, may covering more than be in excess of fifteen (15) percent of the window area, but shall not more than constitute in excess of fifty (50) percent of the window area, and may be placed directly on or adjacent to the window surface for a period of time not to exceed fourteen (14) days after the date of issuance of the initial occupational license or a one-time period at the initial beginning of the business. On any temporary window sign, nno letter shall be greater in height than four (4) inches, and any logos or symbols shall not be greater than eight (8) inches in height. G. Temporary residential subdivision identification signs. Signs shall not exceed thirty-two (32) square feet in area or six (6) feet above the crown of the (any abutting) street or road. F.H. Banners. Banners are permitted only in strict accordance with this subsection. 1. Special event banners. a. Banners are permitted only for special events authorized by a city special event permit pursuant to article XII, division 4, "Special Event Permit Procedure." b. Freestanding special event banners are permitted along each arterial and collector street frontage ("'qualifying street frontage") of the establishment(s) having the special event. Tenants within a shopping center may display freestanding special event banners along each arterial and collector frontage of the shopping center. c. The quantity, size, location, material, and mounting method of all proposed banners and flags shall be specified and approved with the application for special event permit. d. Banners shall not be displayed, erected, installed or used in any manner more than seventy-two (72) hours preceding the time period authorized for the event in the special event permit, and shall be removed within twenty-four (24) hours following the time that the event must conclude pursuant to the special event permit. 12. Interim Eligibility for banners. An applicant for a building permit to erect a permanent wall identification sign may concurrently submit a (zoning) sign permit application for a temporary banner sign that has the identical copy and color of the proposed permanent identification sign, and which does not exceed the size or any 10.A Packet Pg. 76

77 dimension of the permanent proposed sign. Upon determination by the planning and zoning director that the temporary sign complies with the requirements of this article, including the uniform sign plan for the property, the director shall issue a (zoning) sign permit to allow installation of the banner sign. The banner sign may be displayed only in the location of the proposed permanent sign, and only until the permanent sign is legally installed. A temporary banner shall not be erected, used or displayed for a period exceeding six (6) weeks from the date that the application for building permit is submitted for the permanent signage, provided that if such building permit is not issued by the end of the six-week period, the temporary banner may remain for not more than two (2) additional weeks, and shall be removed on the fifty-seventh day following the submittal of the application for building permit for the permanent sign(s). 23. Design standards for all banners. a. Banners shall be constructed of durable material. Permitted banner materials are polyester, canvas, cotton duck, poplin, satin, ten-ounce or heavier vinyl, nylon, or similar material that the planning and zoning director determines is equally durable, and is similar in appearance and properties. b. Edges and corners must be clean, trimmed and reinforced by the manufacturer. Frayed or ripped edges are not permitted. c. All sign copy shall be printed by a professional sign manufacturer (for example: digitally or transfer printed). d. Banners shall be maintained in good conditionstate of repair, with no visible fading or surface irregularities (for example: warping). e. Banners shall be flush-mounted to the face of a building or structural canopy below the roof line, or may be suspended between building columns. The banner and any mounting or support equipment shall not extend beyond the partition or end wall of the establishment erecting the banner. Freestanding banners shall be attached to temporary banner poles or similar supports designed specifically for banner mounting. f. Banners are subject to the minimum vertical clearance for permanent signs above sidewalks, pedestrian and vehicular ways, and shall not encroach within a sight distance triangle. G. Temporary noncommercial signs on private property. 1. Temporary noncommercial signage, up to a cumulative area of six (6) square feet, and 6 feet in height. 2. An additional twelve (12) square feet of temporary noncommercial signage not to exceed a cumulative area of twelve (12) square feet in area, and six (6) feet in height, for the ninety (90) calendar days prior to and seven (7) calendar days following any federal, state, county, or city election. Sec Election signs and free expression signs. A. Election signs. Notwithstanding any other provision of this chapter to the contrary, election signs shall be allowed on private property in all zoning districts subject to the following limitations as to number, size (area), height, setback and duration: 1. Number. For any parcel, there shall be a limit of one (1) election sign per candidate and per issue. No more than one (1) election sign per candidate and one (1) election sign per issue shall be permitted on any one (1) private lot or parcel property unless it is a corner lot, in which case two (2) signs per candidate and per issue may be placed, so long as there is no more than one (1) sign per street frontage and the signs are no closer than twenty-five (25) feet from the corner or intersection. No election sign shall be allowed 10.A Packet Pg. 77

78 to be located within a public or private right-of-way. 2. Size. The size (area) of an election sign shall be limited to six (6) square feet. 3. Height. The height of an election sign shall be limited to six (6) feet above the ground. 4. Setback. Election signs under three (3) square feet shall be set back a minimum distance of five (5) feet from the public or private right-of-way. Election signs over three (3) square feet shall be set back a minimum distance of ten (10) feet from the public or private right-of-way. The city shall not remove or interfere with the placement of political signs at a polling place, which otherwise complies with state law, on an election day, unless necessary for public safety. 5. Duration. Election signs may be placed on a parcel no earlier than sixty (60) days prior to an election and shall be removed within seven (7) calendar days following the election that pertains to the candidate or the issue that is the subject of the election sign. All signs shall be discarded in a proper manner so as to prevent litter and trash from accumulating within the city. 6. The prohibition contained in this subsection shall in no way apply to election announcement signs posted by the city, announcing each election to be held in the city. 7. Election signs shall not be placed upon property without the permission of the owner of the property or other person in legal control of the property. 8. It is unlawful to attach election signs to rooftops, trees, shrubs, fences, walls, or utility or similar poles. B. Free expression signs. A free expression sign is not subject to any durational limits and shall be in addition to any other allowed sign, including political signs. Notwithstanding any other provision of this chapter to the contrary, free expression signs shall be allowed on private property in all zoning districts subject to the following limitations as to number, size (area), height, and setback: 1. Number. There shall be a limit of one (1) free expression sign per parcel. 2. Size. The size of a free expression sign shall be limited to three (3) square feet. 3. Height. The height of a free expression sign shall be limited to six (6) feet above the ground. 4. Setback. Free expression signs that are posted in the ground shall be set back a minimum distance of ten (10) feet from the right-of-way. 5. Removal; cost reimbursement. Any election or free expression sign found posted or otherwise affixed upon any public property contrary to the provisions of this section shall be removed by the department of public works or public safety department. The person responsible for any such posting shall be liable for the cost incurred in the removal thereof, and the city is authorized to effect the collection of said cost. Sec Basic sign design schedule in all zoning districts. The basic sign design schedule in all zoning districts shall be limited as set forth below: A. Ultimate width of right-of-way (in feet), 0-50: 1 Maximum base height of letters/symbols (in inches): Ten (10). 2. Maximum base sign area (in square feet): Eight (8). B. Ultimate width of right-of-way (in feet), 51-80: 1. Maximum base height of letters/symbols (in inches): Fourteen (14). 2. Maximum base sign area (in square feet): Twenty-six (26). C. Ultimate width of right-of-way (in feet), : 1. Maximum base height of letters/symbols (in inches): Sixteen (16). 2. Maximum base sign area (in square feet): Thirty-two (32). D. Ultimate width of right-of-way (in feet), : 1. Maximum base height of letters/symbols (in inches): Twenty (20). 2. Maximum base sign area (in square feet): Forty-two (42). E. Width of right-of-way (in feet), 121 plus: 10.A Packet Pg. 78

79 Maximum base height of letters/symbols (in inches): Twenty-three (23). 2. Maximum base sign area (in square feet): Forty-eight (48). Sec Permission of property owner. No sign shall be displayed or erected on property without the express permission of the property owner or the person in legal possession of the property. DIVISION SEVERANCE SEVERABILITY Sec Severability. A. Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter article. B. Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (A) of this section, or elsewhere in this chapter article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. C. Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (A) of this section, or elsewhere in this chapter article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter article or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter article that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under section Prohibited signs. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section Prohibited signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section Prohibited signs. D. Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter article and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein. Section 3. If any word, phrase, clause, sentence of this Ordinance if for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this Ordinance. Section 4. The City Clerk is hereby directed to submit this Ordinance for codification at the next scheduled codification interval. Section 5. All other Ordinances in conflict herewith are repealed to the extent of such conflict. Section 6. This Ordinance shall be effective immediately upon the adoption by the 10.A Packet Pg. 79

80 City Commission of the City of Parkland. PASSED ON FIRST READING ON THIS 4 th DAY OF November, PASSED AND ADOPTED ON SECOND READING THIS 18th DAY OF November, CITY OF PARKLAND, FLORIDA MICHAEL UDINE MAYOR ATTEST: JENNIFER JOHNSON CITY CLERK Approved as to form and legality ANDREW MAURODIS, CITY ATTORNEY 10.A Packet Pg. 80

81 10.A.a WEISS SE R OTA HELFMAN COLE & BIERM AN, P.L To: Cc: Mayor and City Commission, City of Parkland Andrew Maurodis, Esq., City Attorney Caryn Gardner-Young, City Manager Michele Mellgren, Planning Director From: Susan L. Trevarthen, Esq., FAICP Date: October 21, 2015 Updated for Second Reading: November 13, 2015 Re: Ordinance : Revisions to Parkland Sign Regulations The City Attorney and City Manager asked me to review and recommend revisions to the City s sign regulations to address recent changes in the law. They also asked me to incorporate a few changes to the sign regulations recommended by City staff. The following memo explains the applicable legal standards, explains why the City needs to review the legality of its sign regulations at this time, describes the staff-recommended revisions, and describes my recommendations as reflected in the accompanying Ordinance Legal Background Signs are protected under the free speech guarantees of the First Amendment of the U.S. Constitution. Therefore, local government sign regulation must conform to the First Amendment. The regulations cannot vary based on the content of speech that the sign is intended to express, and cannot favor or punish points of view or topics. Content-based regulation is presumptively unconstitutional; strict scrutiny applies, and must be justified by a compelling governmental interest. If a sign regulation is content-based on its face, its purpose, its justification and its function does not matter. If it is content neutral, then these factors can be considered in evaluating the constitutionality of the regulation. However, the courts have been unclear about exactly how to determine whether a particular regulation is content-based. Sign regulations must be narrowly tailored to achieve the City s governmental purposes for regulating signs, which can be generally characterized as aesthetics and traffic safety. The regulations must not be substantially overbroad, exceeding the scope of the governmental interests justifying regulation. But they also must not be substantially under-inclusive, so narrow or exception-ridden that the regulations fail to further the governmental interests. Attachment: Sign Code Memo - Trevarthen (1050 : Second Reading of an Ordinance Amending the City of Parkland's Sign Code) Packet Pg. 81

82 10.A.a City of Parkland City Commission November 13, 2015 Susan L. Trevarthen, Esq., FAICP The permitting criteria and timeframes must meet strict requirements as a prior restraint on speech. And the regulations of commercial signage cannot be looser than those for noncommercial signage, because noncommercial speech is more highly protected by the First Amendment. The City s current sign regulations were drafted to address the above legal standards. A new U.S. Supreme Court case (Reed v. Town of Gilbert) places greater limitations on how much the City s sign regulations can be tailored based on the functions or content of various sign types. The case arose from a temporary sign category allowing a number of small directional signs to be briefly placed in the right of way prior to and following a special event of a nonprofit entity, in order to guide drivers to the location of the event. This categorical sign type was used by a small itinerant church, led by Pastor Reed, to publicize its church services at various locations including elementary schools and nursing homes. The Town of Gilbert cited the church for placing signs that failed to comply with the regulations for this sign type, because they were too large, were posted for too long, and did not contain directional content. Pastor Reed and the church sued because the Gilbert code treated these event directional signs differently from other noncommercial signs, and allowed temporary signs related to elections in the right of way and permanent ideological signs on private property to be larger and to be posted for a longer time. The June 2015 Reed opinion modifies prior Supreme Court precedent in holding that government regulation of speech is content-based if a law applies to particular speech because of the topic discussed or the idea or message expressed. The majority opinion of the Court was delivered in an opinion by Justice Thomas, but three of the six justices who joined his opinion also joined a more narrow concurring opinion by Justice Alito. The two opinions differ in some aspects; read together as the holding of the case, they suggest that a regulation creating a category for a purely directional message, which merely gives the time and location of a specific event, is one that conveys an idea about a specific event and may be considered content-based. Sign regulations tied to the identity of the speaker may be content-based. Event-based sign regulations may also be considered content-based. However, tying a signage opportunity to the timing of an event, without specifying that the sign content must relate to the event, may be more defensible. If regulations are content-based, then they must be justified by a compelling governmental interest, regardless of whether the governmental motive was innocent and not intended to censor speech. Justice Thomas opinion held that, even assuming that aesthetics and traffic safety were compelling governmental interests, the Gilbert regulation was under inclusive and was not narrowly tailored enough to advance these governmental interests and thereby satisfy strict scrutiny. It noted that certain signs that may be essential to guide traffic or to identify hazards and ensure safety for vehicles and pedestrians might well survive strict scrutiny. Attachment: Sign Code Memo - Trevarthen (1050 : Second Reading of an Ordinance Amending the City of Parkland's Sign Code) 2 Packet Pg. 82

83 10.A.a City of Parkland City Commission November 13, 2015 Susan L. Trevarthen, Esq., FAICP Justice Alito s opinion states that Properly understood, today's decision will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate esthetic objectives. It assures local governments that Reed does not affect their continued ability to regulate based on key distinctions: o Commercial signs vs. noncommercial signs o Off-premise signs vs. on-premises signs o Temporary vs. permanent signs o Regulation by zoning district and land use o Regulation by whether the message is changeable or static o Regulation of size, placement, spacing, illumination, fabrication and other physical criteria o Governmental signs on governmental property, including traffic control devices, are not affected by the First Amendment, and can be controlled in the broad discretion of the City, apart from the revised sign regulations. Private signs are not required to be allowed on governmental property. Thus, the City s billboard/off-premise sign regulations remained valid. Also, private covenants and regulations that may address signage on private property and common areas in the City were unaffected by Reed. Most sign codes in Florida, and across the country, fail to meet all of the requirements of Reed. The City is no different, and thus this Ordinance was prepared for your consideration. Ordinance Proposed revisions to the sign regulations include a few policy changes and organizational changes that were previously recommended by City staff, and were delayed for inclusion in this Ordinance: o Revised numbering o Inclusion of related definitions in the sign regulations o Clarifying standards for monument signs (page 23, lines 8-11) o Requiring Community Appearance Board review of uniform sign programs (page 27, lines 31-32) o Providing for permanent window signs in commercial zoning districts (page 28, lines 21-34) o Clarifying that references to nonresidential districts do not include agricultural districts (page 28, lines 11 and 35) 1 Please note that the additions to the Ordinance for second reading have changed the first reading page and line number references shown above. All prior page references are now about 7 pages later in the Ordinance. Attachment: Sign Code Memo - Trevarthen (1050 : Second Reading of an Ordinance Amending the City of Parkland's Sign Code) 3 Packet Pg. 83

84 10.A.a City of Parkland City Commission November 13, 2015 Susan L. Trevarthen, Esq., FAICP o Definitions and regulations addressing the signage needs of planned residential developments (page 11, lines 8-10; page 29, line 37-page 30, line 2; page 32, lines 16-40; which changes are modified to include several legally required changes) The Ordinance also includes several changes to temporary sign regulations (page 32, line 32 page 36, line 25) and a few to permanent signs that are designed to enhance the defensibility of the regulations and respond to Reed: o Removal of regulation by sign categories based on content or function, including: regulations for election and free expression signs (page 35, line 19 page 36, line 25) special event signs (page 13, lines 5-7; page 34, lines 1-17) project signs (page 33, lines 13-25) model signs (page 32, lines 16-24) announcing signs (page 33, lines 2-12) open house directional signs (page 31, line 25 page 32, line 5) holiday and seasonal decorations (page 22, line 29) o Replacement of the above regulations with more generic and simplified signage opportunities, without specifying that the signs must convey a particular message (page 35, lines 10-15) o Assure prior restraint procedures are met for sign variances (page 16, line 27 page 17, line 21) and permits (page 20, line 35 page 21, line 19) o Reduce the number of exceptions to permitting (page 22, lines 16-33) and to prohibitions (page 14, line 27 page 16, line 10) The changes to the legislative intent, scope and purpose of the article are necessary to better articulate the compelling and substantial governmental interests that justify the regulation of signs: traffic safety and preserving aesthetics. The changes specifically reference and respond to the governing caselaw, and articulate that the requirement for local government sign regulation in Florida Statutes, the Florida Constitution s protection of scenic beauty, and the relevant goals, objectives and policies of the City s comprehensive plan all factors that were missing from the Reed decision, and all presenting compelling governmental interests supporting sign regulation in Florida. The concepts of identification, warning and directional/wayfinding signs have been retained as necessary to achieve the compelling traffic safety purposes of the sign regulations. The concept of a real estate sign has been retained based on the requirement of Linmark Assoc., Inc. v. Twp. of Willingboro, 431 U.S. 85, 96 (1977) and is subject to intermediate scrutiny in accordance with Central Hudson Gas & Elec. Co. v. Pub. Svc. Comm n of NY, 447 US 557 (1980). Attachment: Sign Code Memo - Trevarthen (1050 : Second Reading of an Ordinance Amending the City of Parkland's Sign Code) 4 Packet Pg. 84

85 10.A.a City of Parkland City Commission November 13, 2015 Susan L. Trevarthen, Esq., FAICP Planning and Zoning Board Review On October 15, 2015, the Planning and Zoning Board voted 7-0 to recommend the adoption of the draft revisions to the sign regulations. They directed that the City Commission be provided a breakdown of which changes were policy changes recommended by staff, and which changes are proposed to meet the requirements of the law. Above, this memo explains which changes resulted from staff recommendations (but it should be noted that the way in which those recommendations were implemented in the Ordinance was affected by the need to conform to the law). The Board also recommended that the City Commission be provided an analysis of how this Ordinance will affect the appearance of signs in the City. Staff has separately provided examples of how certain aspects of the sign code will change with the adoption of this Ordinance. To the extent legally possible, the Board further recommended that the language at line 21 of page 36 of the Ordinance, authorizing the City to remove free expression and election signs from public property at the cost of the person posting the sign, be maintained. The language has been broadened to apply to all signs posted on public property in violation of the sign regulations, and placed at the beginning of the Prohibited Signs section, at line 28, page 14 of the Ordinance. November 13, 2015: Changes for Second Reading 2 The following changes were made to the ordinance for second reading in response to comments from staff and to caselaw developments, and to further improve and clarify the regulations. The legislative findings were further expanded. 1. Definitions Page 16, line 21: Clarified definition of Abandoned sign Page 18, line 28: Clarified definition of Nameplate sign Page 20, line 36: Clarified definition of Traffic control device sign Page 21, line 6: Clarified definition of Vehicle sign Page 21, line 19: Clarified definition of Warning sign 2. Prohibited signs Page 22, line 28: Change related to clarification of definition of Vehicle sign 2 These page number references match the second reading version of the Ordinance. Attachment: Sign Code Memo - Trevarthen (1050 : Second Reading of an Ordinance Amending the City of Parkland's Sign Code) 5 Packet Pg. 85

86 10.A.a City of Parkland City Commission November 13, 2015 Susan L. Trevarthen, Esq., FAICP Page 24, lines 11 and 31: Clarified sign permit procedure 3. Flagpoles and flags Page 26, line 5: Removed separate regulations for flagpoles at governmental institutions and schools, because signs at properties owned by government are exempt from the regulations (page 3, line 31) 4. Issuance of sign permit Page 28, lines 23 and 30: Allowed applicants to waive the permit process deadlines in the Code, and clarified that the Community Appearance Board review of temporary signs inside a planned residential development will follow the process in this section 5. Signs exempt from permitting Page 30, line 14, 15, and 22: Clarified that only private warning and safety signs are subject to regulation, corrected the reference to non-commercial on-site directional signs, and specified that changes to copy of an existing sign that do not trigger the requirement for a building permit will not require a sign permit 6. Permanent signs Page 35, line 33: Clarified that this section applies only to private warning and safety signs, and added size requirements (maximum 4 sq. ft. per sign, maximum of 16 sq. ft. per property) Page 36, line 25: Broadened scope of the one illuminated window sign so that all businesses, not just restaurants/bars, are entitled to it 7. Temporary signs Page 40, lines 33 and 35: Clarified that the 100-foot setback does not apply to the freestanding identification sign at the vehicular entrance of a planned residential development, and specified that the Community Appearance Board review of all temporary signs for planned residential developments will apply the aesthetic standards in Section of the Code Page 43, line 16: Removed height limit for temporary noncommercial signs because it is already regulated in Section A.2., clarified wording regarding the maximum area of signage allowed, and clarified duration. Attachment: Sign Code Memo - Trevarthen (1050 : Second Reading of an Ordinance Amending the City of Parkland's Sign Code) 6 Packet Pg. 86

87 10.B CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 10.B CONSIDERATION SHORT TITLE: Pine Tree Roadways Letter SUBMITTED BY: Nancy Morando SPONSOR: DEPARTMENT: Finance/Administration ORIGIN OF REQUEST: City Commission STAFF RECOMMENDATION GOALS & OBJECTIVES Goal(s): Goal 4 - Preservation of Parkland's Character Objective(s): 4.5 Maintain and improve public safety, transportation, and circulation. BACKGROUND & PURPOSE The City of Parkland ( City ) held a Strategic Planning session during the month of March During this session, a discussion ensued regarding a possible Pine Tree Estates ( Pine Tree ) street program. The City Commission s consensus was to offer the Pine Tree property owners a program where the City would improve the roadways if certain conditions were met. A draft letter was presented to the City Commission at the May 20 th and June 17 th City Commission Meetings. Requested modifications were made to the letter. Staff is seeking approval to mail the modified letter to Pine Tree Residents in order to begin the Individual Street Roadway Improvement Program. Pine Tree Roadway Letter is attached. FISCAL IMPACT ITEM APPROVAL Caryn Gardner-Young Completed 11/09/2015 2:56 PM City Commission Pending 11/18/2015 7:00 PM Packet Pg. 87

88 10.B.a PUT ADDRESS AND LOT AND BLOCK (SUBJECT PROPERTY) November 10, 2015 Dear Resident: You are receiving this letter because the Broward County Property Appraiser s Office shows that you own one or more parcels within the Pine Tree residential subdivision. The City of Parkland ( City ) has been asked by the Pine Tree residents to look into the condition of the Pine Tree roadways and provide possible solutions to roadway deficiencies. The City hired an attorney to review the legal responsibilities for the Pine Tree roadways and it was determined that the responsibility of the roadway belongs to the parcel owner abutting the road. With that being defined, the City recognizes the difficulty Pine Tree residents may have in facilitating roadway improvements without one entity being in control. As a result, during the Strategic Planning process, the City Commission suggested creating an Individual Street roadway program for Pine Tree residents. The purpose of this program is to provide guidance to the City Commission as it decides whether to undertake a construction/special assessment program for roads within Pine Tree. This program does not substitute for nor does it diminish or alter the governmental rights of the City to undertake such a program separate and apart from this program. How it works Roadway improvements will only be applicable to roadway reconstruction and WILL NOT include water or sewer. Two-thirds (2/3 rds ) of the property owners along an individual street must sign the attached letter of support. If two-thirds (2/3 rds ) of the letters are received, this indicates the majority of residents want their street reconstructed. The City will then consider the actions necessary to specially assess the owners on the affected street and make a determination on whether to undertake the construction and assessment. City will hire a contractor, supervise and pay for the road reconstruction of a street (within its existing width 18 ). Cost for the roadway reconstruction will be charged back to the property owners as a special assessment on your tax bill. Estimated costs (based upon current pricing) of the reconstruction roadway work per one acre lot would be $1,500-$1,800 per year based on a projected five (5) year assessment, totaling $7,500- $9,000. Attachment: Pine Tree Roads Revised (1047 : Pine Tree Roadways Letter) Page 1 of 3 Packet Pg. 88

89 10.B.a What you need to do It is suggested that interested streets have an advocate to help facilitate and gather the appropriate signed letters. All interested property owners must either sign the attached letter of support and mail to the City within six (6) months of the date of this letter to: City of Parkland 6600 University Drive Parkland, FL Attention: Sowande Johnson or provide to your street advocate for him/her to submit to the City once the two-thirds (2/3 rds ) of the property owners signatures is obtained within six (6) months of the date of this letter. Property owners are the names listed with Broward County Property Appraiser s Office. If you are not interested, do nothing but under this program the City could decide to undertake the construction and impose the assessment. Special Notes and Considerations: Although 24 was previously presented as an option, the City Commission decided this was not a viable option since it would require the purchase or donation of land from the adjoining property owners which would escalate the costs of the project. By signing this letter of support, the property owner understand that the 18 will be the improvement width. In addition, the Pine Tree residents indicated that they liked the existing roadway width since it maintained the character of the area and acted as a traffic calming method. A prerequisite to any action is for the City to formally accept ownership and maintenance responsibility for the road and adopt the necessary actions to implement the assessment and contract for construction of the road once the appropriate approval is obtained. That is an independent decision the Commission must make in its sole discretion. In any special assessment, the cost, including but not limited to roadway reconstruction and design, attorneys fees, administrative fees, and loan costs will be charged back to the property owners as a special assessment on your tax bill. The numbers provided are estimates and can increase or decrease depending on when the appropriate approvals are obtained, as well as other factors and are subject to change. This is not a contract. Please understand that the City reserves all municipal powers to make a final decision on such matters separate and apart from such a pilot program. The purpose of this program is to allow the City to determine if there is support by affected residents for a reconstruction and special assessment program. Attachment: Pine Tree Roads Revised (1047 : Pine Tree Roadways Letter) Note that any final decision to improve or reconstruct the road and any decision as to the method by which this will be accomplished will require specific City Commission action and that this letter cannot and does not bind the Commission in that regard or limit any municipal authority. If you have any questions, please call Sowande Johnson, City Engineer, at Parkland s goal is to work together with our residents in order to achieve a desired outcome. Thank you Page 2 of 3 Packet Pg. 89

90 10.B.a LETTER OF SUPPORT THE UNDERSIGNED, AS PROPERTY OWNERS FOR THE PROPERTY WITH THE STREET ADDRESS OF HEREBY SUPPORT(S) THE ROADWAY PROGRAM AS SET FORTH ABOVE, AND REQUESTS THAT THE CITY IMPLEMENT THE PROGRAM ON THE FOLLOWING STREET. WE UNDERSTAND THAT THE 18 WILL BE THE IMPROVEMENT WIDTH. WE ALSO UNDERSTAND THAT THIS IS NOT A CONTRACT. By: PROPERTY OWNER SIGNATURE By: PROPERTY OWNER PRINTED NAME DATE: Mail to: City of Parkland 6600 University Drive Parkland, FL Attention: Sowande Johnson By: PROPERTY OWNER SIGNATURE By: PROPERTY OWNER PRINTED NAME DATE: Attachment: Pine Tree Roads Revised (1047 : Pine Tree Roadways Letter) Page 3 of 3 Packet Pg. 90

91 10.C CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 10.C ORDINANCE Second Reading SHORT TITLE: Second Reading of FY2015 Year-End Budget Amendment SUBMITTED BY: Nancy Morando SPONSOR: DEPARTMENT: Finance/Administration ORIGIN OF REQUEST: Staff STAFF RECOMMENDATION GOALS & OBJECTIVES Goal(s): Goal 1 - Financially Sound City Government Objective(s): 1.1 Have an appropriate tax rate and fees based on the desired level of City services. BACKGROUND & PURPOSE A year-end budget amendment is being requested to make several adjustments to the FY 2015 Budget for the General Fund, Park & Community Improvement Fund, Capital Projects Fund and Capital Replacement Fund. Adjustments are as follows: The following budget adjustment increases the Park & Community Project Budget by $1,780,000 which was the amount contributed to Broward County School Board to build modular classrooms and the design of an additional classroom building to assist with future school overcrowding. The Capital Replacement Fund Budget increased by $578,200 which was for the purchase of a new Pierce Pumper Engine. The following budget adjustments are transfers within the appropriate funds. A General Fund transfer of $56,000 from contingency into the City Manager s Office salary account for the hiring of the Intergovernmental Relations Officer. A Capital Projects Fund transfer of $30,000 from available funds in the Quigley Park Equipment project into the Western Fire Station account for budget shortfalls. See Exhibit A for account information. FISCAL IMPACT Amendment increasing the Park & Community Project Budget by $1,780,000 and Capital Replacement Fund Budget by $578,200. ITEM APPROVAL Caryn Gardner-Young Pending City Commission Pending 11/18/2015 7:00 PM 1 Packet Pg. 91

92 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AMENDING ORDINANCE NO WHICH ORDINANCE DID ADOPT THE BUDGET OF THE CITY OF PARKLAND FOR FISCAL YEAR 2014/2015, AND AMENDING THE CITY BUDGET THEREBY ADOPTED TO CAUSE AND REFLECT BY A TRANSFER IN THE GENERAL FUND OF $56,000, AN INCREASE IN THE PARK & COMMUNITY IMPROVEMENT FUND BY $1,780,000, A TRANSFER IN THE CAPITAL PROJECTS FUND OF $30,000 AND AN INCREASE IN THE CAPITAL REPLACEMENT FUND BY $578,200; THE SOURCES ON THE INCREASED REVENUE/ RESOURCES ALONG WITH THE DESTINATION OF SAID EXPENDITURE APPROPRIATION OF FUNDS ARE AS REFLECTED BELOW; PRO VIDING FOR SEVERABILITY AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 22, 2014, the City of Parkland adopted a final budget for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015: and WHEREAS, pursuant to Section , Florida Statues, the City of Parkland may, by ordinance, amend its budget and wishes to do so to reflect additional appropriations: NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That Ordinance , as amended, which Ordinance did adopt the budget of the City of Parkland for Fiscal Year 2014/2015, and the budget adopted thereby be and the same is hereby amended to cause and reflect adjustments within the General Fund Budget and Capital Projects Fund Budget with no change in the net total, the increase of the net total of $1,780,000 of revenue and expenditure appropriations to said Park & Community Improvement Fund Budget and $578,000 to said Capital Replacement Fund as set forth in Exhibit A. Section 2. That all Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. 10.C Packet Pg. 92

93 Section 3. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder of this Ordinance. PASSED ON FIRST READING ON THIS 4 TH DAY OF November, PASSED AND ADOPTED ON SECOND READING THIS 18 TH DAY OF November, CITY OF PARKLAND, FLORIDA MICHAEL UDINE MAYOR ATTEST: JENNIFER JOHNSON CITY CLERK Approved as to form and legality ANDREW MAURODIS, CITY ATTORNEY 10.C Packet Pg. 93

94 10.C.a Exhibit A Fiscal Year 2015 Year- End Budget Amendment General Fund : 001 Budget/Account Current Increase/ Amended Account Description Number Budget Decrease Budget Expenditure Provided From: Contingency $0 ($56,000) -$56,000 ($56,000) Expenditures Appropriated To: Salaries $0 $56,000 $56,000 $56,000 Park & Community Improvement Fund: 101 Budget/Account Current Increase/ Amended Account Description Number Budget Decrease Budget Revenue Provided From: Appropriated Fund Balance $285,000 $1,780,000 $2,065,000 $1,780,000 Expenditures Appropriated To: Schools $0 $1,780,000 $1,780,000 $1,780,000 Capital Projects Fund : 301 Budget/Account Current Increase/ Amended Account Description Number Budget Decrease Budget Expenditure Provided From: Quigley Park Equipment $135,000 ($30,000) $105,000 ($30,000) Expenditures Appropriated To: Western Fire Station $1,052,130 $30,000 $1,082,130 $30,000 Capital Replacement Fund: 501 Budget/Account Current Increase/ Amended Account Description Number Budget Decrease Budget Revenue Provided From: Appropriated Fund Balance $109,600 $578,200 $687,800 $578,200 Expenditures Appropriated To: Fire Engine $0 $578,200 $578,200 $578,200 Attachment: Year End Budget Amendment Exhibit (1046 : Second Reading of FY2015 Year-End Budget Amendment) Packet Pg. 94

95 10.D CITY OF PARKLAND AGENDA SUMMARY Meeting:Wednesday, November 18, 2015 Agenda Item: 10.D RESOLUTION Regular Agenda SHORT TITLE: Planning & Zoning Board Appointment SUBMITTED BY: Jennifer Johnson SPONSOR: DEPARTMENT: City Clerk ORIGIN OF REQUEST: City Commission STAFF RECOMMENDATION Staff is recommending the City Commission appoint one "at-large" member to the Planning & Zoning Board. GOALS & OBJECTIVES Goal(s): Goal 5 - High Perfromance City Organization Objective(s): 4.1 Maintain high quality development and design standards., 4.2 Ensure developments are high-end with low impact on schools, infrastructure, and environment., 4.3 Assure consistent control of future and current development through build-out. BACKGROUND & PURPOSE Pursuant to Section of the City of Parkland's ("City") Code of Ordinances, the City shall appoint At Large members to the Planning & Zoning Board. The Planning & Zoning Board ("Board") is designated and established as the local planning agency for the City. The Board is comprised of seven members, and two alternates, who are appointed by the City Commission to two-year terms. The term will expire in November Whereas, one "at-large" position has been vacated. The City Commission need to appoint a new "at large" board member for the remainder of the position's unexpired term. Current members on the Planning & Board are: Larry Litow Gina Stephens Lynn Fenoglio Dominick Peri Murray Zweig Alternate members are: George Silver Anthony Avello If the City Commission decides to move an alternate member to the Board, it will create an alternate vacancy that will need to be filled. FISCAL IMPACT N/A Packet Pg. 95

96 10.D ITEM APPROVAL Caryn Gardner-Young Pending 11/13/ :06 PM City Commission Pending 11/18/2015 7:00 PM 1 Packet Pg. 96

97 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION, OF THE CITY OF PARKLAND, FLORIDA, TO APPOINT ONE (1) AT-LARGE MEMBER TO THE PLANNING AND ZONING BOARD. WHEREAS, the City of Parkland ( City ) created an advisory board known as the Planning & Zoning Board ( Board ); and WHEREAS, every two (2) years the entire City Commission appoints members "At-Large" to the Board; and WHEREAS, on "At-Large" position has been vacated; and WHEREAS, in accordance with Section 13-2 of the Code of Ordinances, the City Commission shall appoint "At -Large" members to the Planning & Zoning Board; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. The City Commission hereby appoints the following At -Large member: At-Large Appointee Section 2. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 18th DAY OF November, CITY OF PARKLAND, FLORIDA MICHAEL UDINE MAYOR ATTEST: JENNIFER JOHNSON CITY CLERK 10.D Packet Pg. 97

98 10.D.a Packet Pg. 98 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)

99 10.D.a Packet Pg. 99 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)

100 10.D.a Packet Pg. 100 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)

101 10.D.a P" IN CITY OF PARKLAND BOARD MEMBER APPLICATION Select the Board(s) you are interested in serving. Please list in order of preference. 0 Planning& Zoning Advisory Board 0 Education AdvisoryBoard 0 Parks& Recreation Advisory Board 1 0 Charter Board( when in session) Please type or print the following information: APPLICANT NAME HOME ADDRESS N Rz.ḵ1aald, FL 33a--- 7-b TELEPHONE REGISTERED VOTER? Yes No 0 SUBDIVISION/DISTRICT--': ARE RESIDENT OF THE CITY OF PARKLAND? Yes No 13 HOW LONG? OCCUPATION RETIRED Yes13 No BUSINESS ADDRESSy BUSINESS TELEPHONE ) ar0f2 Xv ARE YOU CURRENTLY SERVING ON A CITY BOARD/ COMMITTEE? Yes 13 No IF YES, NAME OF BOARD IF NO, PLEASE LIST THE ADVISORY BOARD(S) YOU ARE INTERESTED IN SERVING ON. 4 WO LD OU CONS ER SERVING ON ANY OTHER CITY BOARD? 30j"(- bv' dr, hcayilv HAVE YOU EVER ATTENDED A MEETING OF THE BOARD FOR WHICH YOU ARE ASKING TO SERVE ON? Yes D NOT Attachment: Board Applications (1044 : Planning & Zoning Board Appointment) HAVE YOU EVER SERVED ON A BOARD IN ANOTHER CITY? Yes 13 N4 IF YES, WHAT BOARD? Revised Packet Pg. 101

102 xl G5 10.D.a PLEASE LIST YOUR BACKGROUND, EXPERIENCE, INTEREST AND/OR EDUCATION ETC., WHICH WOULD QUALIFY YOU TO SERVE ON THIS BOAR 4f-, EDUCATION erx Allicif- h P i ( epa,r&421-, eej- 4 D101-40\ (And I' 0 r- o(41%i VJhzt rrc C. v trite. EXPERIENCE h Tr-, few: ara 4 1 rc-f HOBBIESANTERESTS ri r rci e i t) r n, r7ri F- ' t> ey A' 4- VOLUNTEER ACTIVITY V t- Z) c \ nta Z t-(' C] 7 h-acl 61 keen ; 1) 4el( eli& a1 x ky) II- J J. s t C 1 +` j( l I U, ircz r 4e e r' a1^t t oaf cs;,-+ arsl f`,b est r t- arn. ne e+ WHAT ARE YOUR TOP THREE GOALS AND/ OR OBJECTIVES FOR THE BOARD YOU ARE APPLYING FOR? 4-he Oni* a 1o1` ir, G Jr i i i err ztin s V U r. F'^ z rd SiGNATURE OF APPLICANT k? PLEASE PRINT YOUR NAME HERE 0 / r// / 5 DATLr Ips;, i Attachment: Board Applications (1044 : Planning & Zoning Board Appointment) DATE RECEIVED BY CITY CLERK' S OFFICE Making any false statements herein may be cause for removal by the City Commission Please return the completed form to the City Clerk' s office, 6600 University Drive, Parkland, Fl for distribution to the City Commission. 2 Revised Packet Pg. 102

103 10.D.a Packet Pg. 103 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)

104 10.D.a Packet Pg. 104 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)

105 10.D.a 6184NW65thTerrace,Parkland, Florida Attachment: Board Applications (1044 : Planning & Zoning Board Appointment) Packet Pg. 105

106 10.D.a DaniloGuiso Attachment: Board Applications (1044 : Planning & Zoning Board Appointment) Packet Pg. 106

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109 10.D.a Packet Pg. 109 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)

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113 10.D.a Packet Pg. 113 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)

114 10.D.a Packet Pg. 114 Attachment: Board Applications (1044 : Planning & Zoning Board Appointment)