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HomeMy WebLinkAboutAgenda Council Agenda 091814 CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 18, 2014 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. DISTRICT PARK PRESENTATION BY COUNCIL MEMBER TINSLEY. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. APPROVE MINUTES FROM SEPTEMBER 3, 2014 CITY COUNCIL MEETING. b. PURCHASE AWARD FOR THE RENEWAL OF THE FLORIDA LEAGUE OF CITIES – FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) PROGRAM. c. RESOLUTION 64, 2014 – INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY IN ORDER TO CONVEY SUNSET DRIVE AND 40TH TERRACE NORTH RIGHTS-OF-WAY TO THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. RESOLUTION 51, 2014 - ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 15, 2014 – (2nd READING AND ADOPTION) ADOPTING FISCAL YEAR 2014/2015 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 09-03-14 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 September 3, 2014 4 5 The regular meeting was called to order at 7:03 p.m. by Mayor Premuroso. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member 9 Tinsley, Council Member Levy. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 a. RECOGNITION OF TEAM GOLF CHAMPIONS. 15 b. DESIGN BUILD – FIRE STATION 2. 16 c. TENNIS CENTER IMPROVEMENT PROJECT. 17 d. FISCAL YEAR 2014/2015 BUDGET. 18 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 19 Council Member David Levy: Attended the Northern Palm Beaches Chambers Before Hours 20 Event; Florida League of Cities monthly meeting. 21 Council Member Marcie Tinsley: Attended the Florida League of Cities Annual Conference. 22 Council Member Joseph Russo: Reported CNBC made a presentation on All Aboard Florida; 23 Video of the City Council meetings works fine. 24 Vice Mayor Eric Jablin: Attended the Citizens Against Railroad Expansion meeting at 25 Frenchman’s Creek; Meyer Academy Ribbon Cutting. 26 Mayor Robert Premuroso: Announced the Franklin Charter School opened with 900 students 27 and welcomed them to Palm Beach Gardens; Thanked the Budget Oversight Committee for their 28 time and efforts with the budget; Announced Trader Joe’s will be opening on Friday, September 29 19th and there will be a ribbon cutting at 8:00 a.m.; Congratulated Council Member David Levy 30 for his daughter attending college. 31 VI. CITY MANAGER REPORT 32 a. FEMA FLOOD MAP PRESENTATION. 33 FEMA NEWS FEED 34 Staff Presentation: Todd Engle, City Engineer. 35 Public Comment: None. 36 b. CITY MANAGER CONTRACT EXTENSION – BROUGHT FORWARD BY COUNCIL 37 ACTION ON JULY 10, 2014. 38 Staff Presentation: None. 39 Public Comment: Iris Scheibl, 1029 Siena Oaks Circle, Palm Beach Gardens. 40 Council Member Russo recommended that the City Manager’s contract extension be postponed 41 to April 2015. 42 c. CITY ATTORNEY RFQ – BROUGHT FORWARD BY COUNCIL ACTION ON AUGUST 43 7, 2014. Council Member Russo expressed his support to ratify the Letter of Agreement with 44 Lohman Law Group. Discussion ensued. 45 Staff Presentation: None. 46 Public Comment: None. 47 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 09-03-14 Council Member Tinsley made a motion to retain Lohman Law Group as the City’s law firm. 1 Council Member Russo seconded. 2 Motion passed 5-0. 3 City Manager request permission from City Council to hold a workshop between the City 4 Council and staff regarding future development in the City. Workshop has been scheduled for 5 October 23, 2014 at 6:00 p.m. 6 VII. COMMENTS FROM THE PUBLIC 7 Tom Cairnes, 3101 PGA Blvd, Palm Beach Gardens; Steve Mathison, 5606 PGA Blvd, Palm 8 Beach Gardens; Barbara Grossman, 161 Thornton Drive, Palm Beach Gardens; Virginia 9 Gallopso 725 N Highway A1A #C-116, Jupiter. 10 VIII. CONSENT AGENDA 11 a. APPROVE MINUTES FROM AUGUST 7, 2014 CITY COUNCIL MEETING. 12 b. RESOLUTION 57, 2014 - PGA NATIONAL RESORT AND SPA. A RESOLUTION OF 13 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 14 APPROVING ADDITIONAL SPECIAL EVENTS FOR PGA NATIONAL RESORT CORE 15 WITHIN THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD), AS 16 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF 17 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 c. PURCHASE AWARD OF THE DESIGN BUILD FOR FIRE STATION 2. 19 1. EXHIBIT A – PROPOSAL 20 2. EXHIBIT B – ALL SUBMITTALS 21 d. PURCHASE AWARD FOR GASOLINE AND DIESEL FUEL (ACCESS THE STATE OF 22 FLORIDA CONTRACT). 23 e. PURCHASE AWARD FOR TENNIS CENTER IMPROVEMENT PROJECT (NEW 24 TENNIS COURTS). 25 1. EXHIBIT A – PROPOSAL 26 2. EXHIBIT B – ALL SUBMITTALS 27 f. PURCHASE AWARD FOR LIGHTING FOR NEW TENNIS COURTS (ACCESS 28 THROUGH CLAY COUNTY CONTRACT). 29 g. PURCHASE AWARD FOR INDEPENDENT CONTRACT AGREEMENT WITH TENNIS 30 PROFESSIONAL HUY NGUYEN. 31 h. PURCHASE AWARD FOR EMPLOYEE BENEFIT INSURANCE CONSULTANT 32 SERVICES (CONTINUATION OF SERVICES WITH GALLAGHER BENEFIT SERVICES). 33 i. CONTRACT EXTENSION FOR LOBBYIST SERVICES WITH BALLARD PARTNERS, 34 INC. 35 j. PROCLAMATION – SEPTEMBER 11TH – A DAY TO REMEMBER. 36 Council Member Levy made a motion for approval of the Consent Agenda. 37 Vice Mayor Jablin seconded. 38 Motion passed 5-0. 39 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 40 Those preparing to give testimony were sworn in. 41 The City Clerk read Ordinance 15, 2014 by title. 42 a. ORDINANCE 15, 2014 – (1ST READING) ADOPTING FISCAL YEAR 2014/2015 43 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 44 GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH 45 GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING 46 SEPTEMBER 30, 2015; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 47 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 09-03-14 Mayor Premuroso opened the Public Hearing. 1 Petitioner: None. 2 Staff presentation: Finance Administrator, Allan Owens. 3 Public comment: Iris Scheibl, 1029 Siena Oaks Circle W., Palm Beach Gardens; Joan Elias, 4 1009 Diamond Head, Palm Beach Gardens; Mike Martino, 320 Balsam Street, Palm Beach 5 Gardens. 6 Mayor Premuroso closed the Public Hearing. 7 Vice Mayor Jablin made a motion that the “City of Palm Beach Gardens adopt a proposed 8 operating millage rate of 5.7404 mills and debt millage rate of .1615 for a total tentative rate of 9 5.9019 mills for fiscal year 2014-2015 which exceeds the rollback rate of 5.4082 by 6.1%.” 10 Council Member Levy seconded. 11 Motion passed 5-0. 12 Vice Mayor Jablin made a motion to approve Ordinance 15, 2014 on first reading, adopting a 13 tentative budget for fiscal year 2014/2015 and setting the second and final reading on September 14 18, 2014 at 7:00 p.m. in Council Chambers. 15 Council Member Levy seconded. 16 Motion passed 5-0. 17 The City Clerk read Resolution 53, 2014 by title. 18 b. *RESOLUTION 53, 2014 - AMENDMENT TO PARCEL 31.04 PCD. A RESOLUTION OF 19 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 20 APPROVING AN AMENDMENT TO THE 50.58-ACRE PARCEL 31.04 PLANNED 21 COMMUNITY DEVELOPMENT (PCD) TO ALLOW MODIFICATIONS TO THE UPLAND 22 PRESERVE, LAKES, AND BUFFER AREAS; PROVIDING CONDITIONS OF APPROVAL; 23 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 24 Mayor Premuroso opened the Public Hearing. 25 Mayor Premuroso asked for any exparte. 26 Mayor Premuroso received emails regarding the project; Vice Mayor Jablin received emails 27 regarding the project and met with the applicant and City staff; Council Member Levy received 28 emails regarding the project and met with the applicant and City staff; Council Member Tinlsey 29 talked about parcel at events in the past month and received emails regarding the projects; 30 Council Member Russo received emails regarding the project. 31 Petitioner: Donaldson Hearing, Cotleur and Hearing. 32 Staff presentation: None. 33 Public comment: None. 34 Mayor Premuroso closed the Public Hearing. 35 Council Member Levy made a motion to approve Resolution 53, 2014. 36 Council Member Russo seconded. 37 Motion passed 5-0. 38 The City Clerk read Resolution 54, 2014 by title. 39 c. *RESOLUTION 54, 2014 - SITE PLAN APPLICATION WITHIN (PARCEL B) OF 40 PARCEL 31.04 PCD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 41 BEACH GARDENS, FLORIDA APPROVING A SITE PLAN APPLICATION FOR A 341-42 MULTI-FAMILY DWELLING UNIT DEVELOPMENT, WHICH SITE IS 43 APPROXIMATELY 33.93 ACRES WITHIN THE 50.58-ACRE PARCEL 31.04 PLANNED 44 COMMUNITY DEVELOPMENT (PCD), AND IS LOCATED SOUTH OF VICTORIA 45 FALLS BOULEVARD AND EAST OF CENTRAL BOULEVARD AND INTERSTATE 95; 46 PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN 47 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 09-03-14 Mayor Premuroso opened the Public Hearing. 1 Mayor Premuroso asked for any exparte. 2 Mayor Premuroso received emails regarding the project; Vice Mayor Jablin received emails 3 regarding the project and met with the applicant and City staff; Council Member Levy received 4 emails regarding the project and met with the applicant and City staff; Council Member Tinlsey 5 talked about parcel at events in the past month and received emails regarding the projects; 6 Council Member Russo received emails regarding the project. 7 Petitioner: Donaldson Hearing, Cotleur and Hearing. 8 Staff presentation: None. 9 Public comment: None. 10 Mayor Premuroso closed the Public Hearing. 11 Vice Mayor Jablin made a motion to approve Resolution 54, 2014. 12 Council Member Levy seconded. 13 Motion passed 5-0. 14 The City Clerk read Resolution 56, 2014 by title. 15 d. *RESOLUTION 56, 2014 – GARDENS TOWNE SQUARE. A RESOLUTION OF THE 16 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 17 THE SIGNAGE PROGRAM FOR GARDENS TOWNE SQUARE, AS MORE 18 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 19 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 20 Mayor Premuroso opened the Public Hearing. 21 Mayor Premuroso asked for any exparte. 22 None. 23 Petitioner: None. 24 Staff presentation: Senior Planner, Gretchen Coperine. 25 Public comment: None. 26 Mayor Premuroso closed the Public Hearing. 27 Council Member Levy made a motion to approve Resolution 56, 2014. 28 Council Member Tinsley seconded. 29 Motion passed 5-0. 30 The City Clerk read Resolution 58, 2014 by title. 31 e. *RESOLUTION 58, 2014 – MISCELLANEOUS PETITION FOR THE PGA NATIONAL 32 RESORT COMMUNITY PLANNED COMMUNITY DEVELOPMENT (PCD). A 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 34 FLORIDA APPROVING A MISCELLANEOUS PETITION FOR THE PGA NATIONAL 35 RESORT COMMUNITY PLANNED COMMUNITY DEVELOPMENT (PCD), WHICH IS 36 BOUNDED BY PGA BOULEVARD TO THE NORTH, NORTHLAKE BOULEVARD TO 37 THE SOUTH, THE FLORIDA TURNPIKE TO THE EAST, AND THE C-18 CANAL TO THE 38 WEST, AS MORE PARTICULARLY DESCRIBED HEREIN, TO APPROVE A TIME 39 EXTENSION FOR THE PREVIOUSLY APPROVED TEMPORARY MODULAR 40 STRUCTURE AT THE EAST END OF THE EXISTING DRIVING RANGE AT THE PGA 41 NATIONAL RESORT CORE GOLF COURSE; PROVIDING CONDITIONS OF 42 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 43 Mayor Premuroso opened the Public Hearing. 44 Mayor Premuroso asked for any exparte. 45 None. 46 Petitioner: Anne Booth, Urban Design Kidlay Studios. 47 Staff presentation: None. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 09-03-14 Public comment: None. 1 Mayor Premuroso closed the Public Hearing. 2 Council Member Levy made a motion to continue Resolution 58, 2014 to a date certain of 3 October 2, 2014. 4 Council Member Tinsley seconded. 5 Motion passed 5-0. 6 The City Clerk read Resolution 59, 2014 by title. 7 f. *RESOLUTION 59, 2014 - PALM BEACH COMMUNITY CHURCH. A RESOLUTION 8 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 9 APPROVING THE EXPANSION OF A PREVIOUSLY APPROVED MAJOR 10 CONDITIONAL USE TO ALLOW A TOTAL OF 6,157 SQUARE FEET OF DAY CARE USE 11 AND A TOTAL OF 152 STUDENTS AT DISCOVERYLAND DAYCARE, PART OF PALM 12 BEACH COMMUNITY CHURCH, WITHIN THE MIDTOWN PLANNED UNIT 13 DEVELOPMENT (PUD); PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 14 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 Mayor Premuroso opened the Public Hearing. 16 Mayor Premuroso asked for any exparte. 17 None. 18 Petitioner: Melissa Kostelia, Cotleur and Hearing. 19 Staff Presentation: Planner, Joanne Skaria. 20 Public comment: None. 21 Mayor Premuroso closed the Public Hearing. 22 Council Member Levy made a motion to approve Resolution 59, 2014. 23 Vice Mayor Jablin seconded. 24 Motion passed 5-0. 25 X. RESOLUTIONS 26 The City Clerk read Resolution 42, 2014 by title. 27 a. RESOLUTION 42, 2014 – UPDATING THE SCHEDULE OF FEES AND CHARGES. A 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 29 FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS 30 SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS 31 AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2014/2015; PROVIDING 32 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 33 Petitioner: None. 34 Staff Presentation: Finance Administrator, Allan Owens. 35 Public Comment: None. 36 Vice Mayor Jablin made a motion for approval of Resolution 42, 2014. 37 Council Member Levy seconded. 38 Motion passed 5-0. 39 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 40 Council Member Levy announced he will be doing a presentation on September 10, 2014 on 41 the Barron Collier Ego and Greed: The Development of the Tamiami Trail at the Palm Beach 42 Gardens Historical Society. 43 Council Member Tinsley discussed her concerns with the City Manager and City Attorney 44 regarding medical marijuana. Discussion ensued. 45 Council Member Tinsley requested an update on the Environmental Impact Statement report 46 from All Aboard Florida when it is available. Discussion ensued. 47 Council Member Tinsley discussed her concern of the overuse of the fields. Discussion ensued. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 09-03-14 XII. CITY ATTORNEY REPORT 1 None. 2 XIII. ADJOURNMENT 3 Council Member Levy made a motion to adjourn. 4 Vice Mayor Jablin seconded. 5 Motion passed 5-0. 6 The meeting adjourned at 10:25 p.m. 7 The next regularly scheduled City Council meeting will be held September 18, 2014. 8 APPROVED: 9 10 11 12 13 Robert G. Premuroso, Mayor 14 15 16 17 Eric Jablin, Vice Mayor 18 19 20 21 Joseph R. Russo, Council Member 22 23 24 25 Marcie Tinsley, Council Member 26 27 28 29 David Levy, Council Member 30 31 32 33 34 35 ATTEST: 36 37 38 39 40 Patricia Snider, CMC 41 City Clerk 42 43 44 45 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 46 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 PALM BEACH GARDENS ':.4 unique place to live, learn, work & play"' CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage, Vendors List, and the Office af the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Access Contract TITLE: Property and Casualty Insurance Services DATE ADVERTISED: Not Applicable WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 001.0900.519.4500 Package Policy 001.0900.519.2410 Workers' Compensati on Distribution to all Departments CONTRACT TERM: October 1, 2014-September 30, 2016 CONTRACT NO.: A/RFP098 -12/ED DEPARTMENT: Finance BIDS/PROPOSALS DUE DATE: Not Applicable RESPONSES RECEIVED: Not Applicable CONTRACT VALUE: One Million, Two Hundred Thousand, One Hundred Twenty-Nine Dollars ($1,200,129) OPTIONS TO RENEW: None VENDOR(S): Florida Municipal Insurance Trust (Florida League of Cities) BACKGROUND: This Agreement is the City's exercise of its option to renew the existing Agreement for these insura nce services for an additional two (2) years through the Florida League of Cities' Florida Municipal Insurance Trust (FMIT) program. Wells Fargo Insurance had proposed a 13% increase (more than $100,000) under the then agreement, and proposals from other companies were less attractive than the proposal from the Florida League of Cities. The premium for this new Agreement represents an increase of 11%, which is less than the 13% proposed by Wells Fargo in 2012. COMMENTS: The Florida League of Cities (FLC), headquartered in Tallahassee, is the administrator of The Florida Municipal Insurance Trust and is the state association for cities, towns, and villages of Florida created to meet and serve the needs of municipal governments. The League established its first insura n ce program in 1977 to provide Workers' Compensation coverage and services to governmental entities. Early success of the Workers' Compensation program led to the es t ablishment of trusts for the Liability, Property, and Health lines of coverage. This firmly established the Leag ue as the recognized leader of such services in the State of Florida. In 1987, the FLC opened its Public Risk Services office to administer the programs in-house. Subsequently, the ms were consolidated under the name of the Florida Munici Allan Owens R. Max lohman Allan Owens Km! Ra D DEFERRED DATE PALM BEACH GARDENS ·~ unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF PALM BEACH GARDENS AND FLORIDA LEAGUE OF CITIES, INC. (SPONSOR OF THE FLORIDA MUNICIPAL INSURANCE TRUST) FOR PROPERTY AND CASUALTY INSURANCE SERVICES AIRFP098-12/ED THIS AMENDMENT N0.1 is made and entered into this __ day of ________ , 2014 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as · "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Florida Municipal Insurance Trust (hereinafter referred to as "FMIT" or "In surer"), whose principal address is 125 East Colonial Drive , Orlando , Florida 32801 . WHEREAS, the City executed an Agreement with FMIT under Resolution 86, 2012 for the provision of Property and Casualty Insurance Services ; and WHEREAS, the Agreement became effective on October 1, 2012, and expi res on September 30, 2014, with the Option to Renew for two (2) addi_tional years; and WHEREAS, FMIT and the City have mutually agreed to renew the Agreement for an additional two (2) years, subject to the terms and conditions of the original Agreement, and the amendments and modifications herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth , FMIT and the City agree as follows: 1. The Agreement is renewed for an additional two (2) years effective October 1, 2014, through September 30,2016. 2. The premium for the insurance period October 1, 2014, through September 30, 2015, shall be as shown in Exhibit "A", FMIT Renewal Quote 2014- 2015, which is attached hereto and incorporated herein . City of Palm Beach Gardens Agreement No. A/RFP098-12/ED Amendment No. 1 Property and Casualty Insurance Services 3. All terms, covenants, and conditions of the original Agreement and any addenda, modifications, or amendments thereto shall remain in f4ll force and effect, except to the extent herein amended. (The remainder of this page intentionally left blank) Page 12 of 3 City of Palm Beach Gardens Agreement No. AIRFP098-12/ED Amendment No. 1 Property and Casualty Insurance Services IN WITNESS WHEREOF, the parties have executed this Amendment No.1 as of the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: ________________________________ ___ Robert G. Premuroso, Mayor ATTEST: By: ___________ _ Patricia Snider, CMC, City Clerk FLORIDA LEAGUE OF CITIES, INC. By: _______________ ___ Don Lund Associate Director of Insurance Services WITNESSES: By:--=--=------------- Print Name: --------------------- By: _____________ _ Print Name:, ____________________ _ G:\attorney_share\AGREEMENTS\2014\FMIT-ARFP098-12-ED Amendment No 1 to Agreement (Renewal).docx Page 13 of 3 EXHIBIT "A" City of Palm Beach Gardens Agreement No. A/RFP098-12/ED Amendment No. 1 Property and Casualty Insurance Services Department of Insurance and Financial Services FLORIDA MUNICIPAL INSURANCE TRUST Coverage General/Professional Liability Automobile Liability Automobile Physical Damage Property Workers' Compensation Experience Modification 0.76 GRAND TOTAL PREMIUM RETURN OF PREMIUM RENEWAL QUOTE FOR 2014-2015 City of Palm Beach Gardens FMIT 0715 Deductible Limit $10,000 $2,000,000 $50,000 $1,000,000 Per Schedule $10,000 $49,204,530 $0 Total Payroll 10/1/14 $35,315,463 REDUCED GRAND TOTAL PREMIUM Premium $399,504 $78,815 $23,140 $216,906 $521,270 $1,239,635 ~391506 $1,200,129 The FMIT Board of Trustees has approved a $7,000,000 return of premium for members that had property coverage in the 2012-2013 Fund Year. The directive of the Board was to return property premium on the renewing members for 2014-2015 that participated in the Trust's property program in 2012-2013. Based on the property premiums paid in 2012-2013 the City of Palm Beach Gardens can expect $39,506 in return premium should they elect to renew coverage for the 2014-2015 policy year. *Includes: Drug Free Credit: Yes Safety Credit: Yes Note: Coverage summaries provided herein are intended as an outline of coverage only and are necessarily brief. In the event of loss, all terms, conditions, and exclusions of actual Agreement and/or Policies will apply. Revised 8/14/14 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 18, 2014 Resolution 64, 2014 Subject/Agenda Item: City Council consideration of a lnterlocal Agreement with Palm Beach County for transfer of ownership for Sunset Drive and 40th Terrace North pursuant to the City Neighborhood Improvement Assessment Program (NIAP). [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Submitted by: J. E. Doughney, Ill Deputy City Manager Originating Dept.: Advertised: NA Date: Paper: [ x ] Not Required Affected parties r---------------~ Approved by: [ ] Notified [ x ] Not required ..-----+---City Costs:$ 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [x ] Other Contract/Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: Resolution 64, 2014 -Exhibit "A": lnterlocal Agreement between the City of Palm Beach Gardens and Palm Beach County for Sunset Drive and 40th Terrace North Ownersh ip Meeting Date: September 18, 2014 Resolution 64, 2014 Page 2 of2 BACKGROUND: The neighborhood adjacent to Sunset Drive and 40th Terrace North was originally developed as the Kramer Subdivision and has no development approval or recorded plat, nor does the Palm Beach County Building Division have any records of initial development. These parcels consist of mainly duplexes with some sing le-family homes and multiple-family dwelling units as well. The subject parcels were annexed into the City in 2002 via Ordinance 31 , 2002. All the homes are served by private water wells and septic systems, except for a few units to the north which are served by public water. Homeowners within this area have expressed an interest for public water and sewer services , as well as roadway improvements. Per their request, the City adopted a Neighborhood Improvement Assessment Program (NIAP) via Resolution 21 , 2013 to provide a funding mechanism and assessment program for the construction of improvements in such areas. Per the requirements in the City's NIAP, the City has taken the following actions: 1. Conducted an init ial petition to determine property owner interest in the NIAP for water, sewer, and roadway improvements-October 4, 2012. 2. Completed a survey and full construction plans for roadway , water, and sewer improvements for the subject parcels-November 2013. 3. Obtained costs to construct the improvements -November 1, 2013. 4. Conducted a final petition of the property owners to identify the proposed cost to them if the City Council implements the NIAP-January 2, 2014. 5. Hosted a public information meeting for all affected property owners to discuss the construction of water, sewer, and roadway improvements; the timeline for such construction; traffic maintenance during construction; and pertinent financial assessment information for the properties, which may be subject to a special assessment for the improvements-March 24, 2014. Under Resolution 26, 2014, the City Council recommended the construction of water and roadway improvements forth is area via the NIAP . In order to complete the construction of these improvements, the City is required to take ownerships of these roadways. Per the lnterlocal Agreement; the City agrees to accept jurisdiction and control over, responsibility for, and ownership of Sunset Drive and 40th Terrace North , more clearly defined on Exhibit "A " and Exhibit "B" of the lnterlocal Agreement. The County a~rees to transfer ownership ofthe rights-of-way and improvements of Sunset Drive and 40 Terrace North and pay the City $50,000 for maintenance assistance of the roadways within sixty (60) days of execution of the lnterlocal Agreement. Currently, these roadways do not meet minimum City standards. However, the City Council has approved the NIAP program that provides the ability to bring both Sunset Drive and 40th Terrace North's infrastructure within acceptable levels for the City to take over maintenance responsibilities. STAFF RECOMMENDATION: Staff recommends approval of Resolution 64, 2014 as presented . . I I 1 . RESOLUTION 64,2014 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL 5 AGREEMENT WITH PALM BEACH COUNTY IN ORDER TO 6 CONVEY SUNSET DRIVE AND 40TH TERRACE NORTH RIGHTS- 7 OF-WAY TO THE CITY OF PALM BEACH GARDENS; PROVIDING 8 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9 10 WHEREAS, the County currently has jurisdiction and control over, responsibility 11 for, and ownership of Sunset Drive and 40th Terrace North, south of Northlake 12 Boulevard , which roadways are within the City limits; and 13 14 WHEREAS, the County filed a maintenance map over the areas that were not 15 public rights-of-way and now has ownership of all of the rights-of-way of said roadways; 16 and 17 18 WHEREAS, the City has established a Neighborhood Improvement Assessment 19 Program (NIAP) to provide roadway and water improvements for said roadways; and 20 21 WHEREAS, the City Council has expressed a desire to accept jurisdiction and 22 control and assume ownership and maintenance responsibility of said roadways; and 23 24 WHEREAS, the County has agreed to pay the City Fifty Thousand Dollars 25 ($50 ,000) for maintenance assistance within sixty (60) days of execution of the 26 lnterlocal Agreement; and 27 28 WHEREAS, such lnterlocal Agreement is attached hereto as Exhibit "A "; and 29 30 WHEREAS, the City Council of the City of Palm Beach Gardens has deemed 31 approval of this Resolution to be in the best interests of the health , safety, and welfare 32 of the residents and citizens of the City of Palm Beach Gardens and the public at large. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 38 39 SECTION 2. The City Council hereby authorizes the Mayor to execute the 40 lnterlocal Agreement, attached hereto as Exhibit "A ", and any and all legal documents 41 necessary to effectuate the transfer of ownership of Sunset Drive and 40th Terrace 42 North. 43 44 SECTION 3. This Resolution shall become effective immediately upon adoption . 4 5 46 Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 --------~----------------- Resolution 64, 2014 PASSED AND ADOPTED this __ day of _____ , 2014. CITY OF PALM BEACH GARDENS, FLORIDA BY: -------------------Robert G. Premuroso, Mayor ATTEST: BY: -------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G:\attorney_share\RESOLUTIONS\2014\Resolution 64 2014-PBC lnterlocai-Ownership Transfer of 40th and Sunset. doc Page 2 of2 Resolution 64, 2014 EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY FOR SUNSET DRIVE AND 40™ TERRACE NORTH OWNERSHIP THIS INTERLOCAL AGREEMENT, hereinafter referred to as "AGREEMENT", is made and entered into this ___ day of------~ 2014, by and between THE CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "COUNTY". WITNESSETH: WHEREAS, the COUNTY currently has jurisdiction and control over, responsibility for, and ownership of Sunset Drive and 40th Terrace North, south ofNorthlake Boulevard, hereinafter referred to as "ROADWAYS"; WHEREAS, the Palm Beach Gardens City limits encompass the ROADWAYS; and WHEREAS, the COUNTY filed a maintenance map over the areas that were not public rights-of-way and now has ownership of all of the right-of-way of the ROADWAYS; and WHEREAS, the CITY has established a Neighborhood Improvement Assessment Program to provide roadway and water improvements for the ROADWAYS; and WHEREAS, the CITY Council has expressed a desire to accept jurisdiction and control and assume ownership and maintenance responsibility of the ROADWAYS. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The above recitals are true, correct and incorpOrated herein. 1. CITY RESPONSIBILITIES: A. The CITY accepts jurisdiction and control over, responsibility for and ownership of the ROADWAYS more clearly defined on Exhibit "A" and Exhibit "B". 2. COUNTY RESPONSIBILITIES: A. The COUNTY agrees to provide to the CITY any documentation that the COUNTY has concerning the ROADWAYS. This documentation includes, but is not limited to any surveys, permits, storm drainage systems, and maintenance and improvement records for the ROADWAYS. B. The COUNTY agrees to pay the CITY $50,000 for maintenance assistance within sixty (60) days of execution of this document. 3. NOTICE: All notices, requests consents and other communications required or permitted under this AGREEMENT shall be in writing and shall be hand delivered by prepaid express overnight courier of messenger services, or mailed by registered or certified mail to the following addresses: COUNTY Palm Beach County Engineering Department Attention: Tanya N. McConnell, P.E. • Deputy County Engineer P.O. Box 21229 West Palm Beach, FL 33416 tmcconne@pbcgov .org Phone 561-684-4010 : CITY City of Palm Beach Gardens Attention: Todd B. Engle, P.E. City Engineer 10500 N. Military Trail Palm Beach Gardens, FL 33410 tengle@pbgfl.com Phone 561-804-7012 If either party changes its mailing address of designated recipient for notices, such change shall be communicated in writing to the other party within thirty (30) days of the change. 4. INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 -2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County agreements, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 -2-440, and punished pursuant to Section 125.69, Fla. Stat., in the same manner as a second degree misdemeanor. 5. MISCELLANEOUS PROVISIONS: A. REMEDIES: This AGREEMENT shall be governed by the laws of the State of Florida Any legal action necessary to enforce the AGREEMENT will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. B. THIRD PARTY BENEFICIARIES: No provision of this AGREEMENT is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this AGREEMENT, including but not limited to any citizen or employees of the COUNTY and/or CITY. C. ARREARS: The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any agreement, debt. obligation, judgment, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this AGREEMENT. D. ACCESS AND AUDITS: The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this AGREEMENT. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S place of business. E. NONDISCRIMINATION: The COUNTY and CITY agree that no person shall, on the grounds of race, color, religion, disability or handicap, creed, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, and gender identity and expression be discriminated against in performance of this AGREEMENT.' ------------------------------------------ F. SEVERABI LITY: If any term or provision of this AGREEMENT, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this AGREEMENT, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this AGREEMENT shall be deemed valid and enforceable to the extent permitted by law. G. E NTIRET Y OF AGREE MEN T The COUNTY and the CITY agree that this AGREEMENT sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this AGREEMENT may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. H. ATTORNEY FEES: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditio ns of this AGREEMENT shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the AGREEMENT. I. MODI FICATION OF AGREEMENT: Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith . J. GOVE RNING LAW AND VENUE: This AGREEMENT and all transactions contemplated by this AGREEMENT shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of the venue. K. LIABILITY: The parties to this AGREEMENT shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver by the parties, of the liability limits established in Section 768.28, Fla. Stat. L. LAWSUIT S: CITY shall promptly notify the COUNTY of any lawsuit-related complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this AGREEMENT. M. DEFAULT: The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this AGREEMENT, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any oftheir rights. N. JOINT PRE PARA TION: The preparation of this AGREEMENT has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 0. BINDING EFFECT: All of the terms and provisions of this AGREEMENT whether so expressed or not, shall be binding upon, inure to the benefit · of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. P. HEADINGS: The headings contained in this AGREEMENT are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this AGREEMENT. Q. COUNTERPARTS: This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. R. ENTIRE AGREEMENT: This AGREEMENT represents the entire understanding among the parties, and supersedes all other negotiations, or agreements, either written or oral, relating to this AGREEMENT. S. ASSIGNABILITY: This AGREEMENT may not be assigned without prior written consent of all parties to this AGREEMENT, provided such consent may not be unreasonably withheld. T. ENFORCEMENT OF REMEDIES: The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of any subsequent breach or default in any terms and conditions. U. FILING: A copy of this AGREEMENT shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. V. EFFECTIVE DATE: This AGREEMENT shall be effective as of the last date that it is signed by all parties hereto. W. TERMINATION : This AGREEMENT terminates upon the CITIES receipt of the COUNTIES maintenance assistance of $50,000. The COUNTY shall have no further obligation to the CITY in regard to the ROADWAYS. THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK EXECUTED by the CITY OF PALM BEACH GARDENS this ___ day of ____ ___, 2014. (Authority Seal) ATTEST: CITY OF PALM BEACH GARDENS City Clerk Mayor LEGAL SUFFICIENCY EXECUTED by COUNTY this ___ day of _____ ,, 2014. {County Seal) ATTEST: SHARON R. BOCK, CLERK AND COMPTROLLER Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney PALM BEACH COUNTY, FLORIDA By ITS BOARD OF COUNTY COMMISSIONERS Mayor APPROVED AS TO TERMS AND CONDITIONS: Engineering N:\ENG_SER\2012050.101 Sunset & 40• Terrace\Sunset PBG Agreement 7-16-14 40th Terrace Sunset Drive OWNERSHIP RECORDATIONS ORB 1912-Pg. 799 Road Book 11-Pg. 90 (Maintenance Map) ORB 1970-Pg. 1434 thru 1469 & Pg. 1482 ORB 1971-Pg. 647 ORB 2840 -Pg. 1822 Exhibit A ... c a; 1/j t: Northlake B,lvd . ::J • r---------.!1)-n----.. • 30' IL_ 10' ~" ORB p 1970 /145S I ORB IP 2840 I 822 ORB/P1970/1458 :~ ,}-'; ORB P 1970/1457 ._ . ORB P 1970/1456 ORB /P 197( /146 i- ORI3, P 1970/1454 1-------< ~ ORB IP 197( /1468 ORB /P 1970 !1453 I-ORB /ll-197( /1467 1-------l ORB p 1970/1452 I i- • ORB IP 197C /1466 ORB jp 1970 !1451 ORB /P 197C /1465 J I ORB P 1970/1450 1---~ ;.. ORB 1P 197 /1464 ORB P 1970/1449 !-r·-·-·-·t-·-·-·-·· i 40th TerN \ ORB p 1970/1 448 I ~ 1 ORB fP 197( /1463 l ORB P 1970/1447 J I · ORB fP 197 /1455 I ORB P 1970/1446 I ·-ORB /P 197 l-'l/""'6•4u.7 _ _;1~-l ORB P 1970/1445 ! i ORB!P197C/1462 i ORB P 1970/1444 I HORB fP 197( /1461 i ORB J 1970/1443 ORB/P1970J1482 r ORB /P 197Cr:/..:..14:..:c6:::__0 --11----l ! ORB p 1970/1442 ORB P 1970/1441 ~~~·/~30~·~~--~~~ ORB P 1970/1440 r I .:------1 ORB P 1970/1439 11 _ t-------,11 - ORB P 1970/1438 ~~-----_J----;----1 t----~-t ORB 1>1 970/1437 ORB P1 970/1436 . ORB 1=>1 97011435 ORB 1=>1 970/1434 . ~ ~ .... 'J i i : i I ,. . ",. .... , / J \ IV i' ·,·-·- Exhibit B CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item: Meeting Date: September 18, 2014 Resolution 51, 2014 Ordinance 15, 2014 Resolution 51, 2014-Adopting a tax levy and millage rate for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2014, and ending September 30, 2015. Ordinance 15, 2014-Public Hearing for Second and Final Reading Adopting the Fiscal Year 2014/2015 Budget. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Finance Administrator Allan Owens Submitted by: Department Director &2- AIIan Owens ~------------~ Approved by: Originating Dept.: F~ Allan Owens Finance Administrator Advertised: NA Date: September 3, 2014 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Notified [X] Not required Costs:$ ___ _ (Total) $ ________ _ Current FY Funding Source: ] Operating ] Other Budget Acct.#: Contract/ Agreement: Effective Date: NA Expiration Date: NA Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 51 , 2014 • Ordinance 15, 2014 Meeting Date: September 18, 2014 Resolution 51, 2014 Ordinance 15, 2014 Page 2 of2 BACKGROUND: This is the second of two (2) required public hearings on the proposed budget for Fiscal Year 2014/2015. The total of all funds is $135,329,444. The proposed operating millage rate for Fiscal Year 2014/2015 is 5 .7404 mills and a debt service millage rate of .1615. The proposed operating millage rate of 5.7404 is 6.14% above the roll-back of 5.4082 . When combined , the total operating and debt service millage rate proposed for Fiscal Year 2014/2015 is 5.9019 mills , which is slightly below the current year combined rate of 5.9137 mills. CITY COUNCIL: On September 3, 2014 , the City Council approved Ordinance 15, 2014 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION: o Staff recommends a motion that the City of Palm Beach Gardens adopt a final millage rate of 5.9019 mills, which includes a debt service millage rate of .1615 and an operating millage rate of 5.7404, which is greater than the roll-back rate of 5.4082 by 6 .14%. o Staff recommends a motion to approve Resolution 51 , 2014, setting the final millage rate for Fiscal Year 2014/2015 at 5.9019. o Staff recommends a motion to approve Ordinance 15 , 2014 as presented on second and final reading, adopting the budget for Fiscal Year 2014/2015. Please note: The proposed Fiscal Year 2014/2015 budget has been distributed to Mayor , Council, and staff under separate cover. 1 RESOLUTION 51, 2014 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND 5 MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR 6 THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND 7 ENDING SEPTEMBER 30, 2015; DIRECTING THE CITY CLERK TO 8 FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE 9 PALM BEACH COUNTY PROPERTY APPRAISER AND TAX 10 COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; 11 .PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 WHEREAS, at a duly advertised public hearing held on September 3, 2014, the 14 City Council of the City of Palm Beach Gardens tentatively adopted a millage rate of 15 5.9019 per $1 ,000.00; and 16 17 WHEREAS, said millage rate includes an operating millage rate of 5.7404 and a 18 debt millage rate of .1615; and 19 20 WHEREAS, on September 18, 2014, the City Council of the City of Palm Beach 21 Gardens held a public hearing in accordance with Section 200.065, Florida Statutes, to 22 adopt the final millage rate for Fiscal Year 2014/2015; and 23 24 WHEREAS, the value of real property not exempt from taxation within the City of 25 Palm Beach Gardens, Florida has been certified by the County Property Appraiser to 26 the City Council as $8.771 Billion; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. The Fiscal Year 2014/2015 millage rate is 5.9019 mills, which 38 includes a debt millage rate of .16 15 and an operating millage rate of 5.7404, which is 39 greater than the rolled-back rate of 5.4082 by 6.14%. 40 41 SECTION 3. The City Clerk is hereby directed to forward a certified copy of this 42 Resolution to the Palm Beach County Property Appraiser and Tax Collector within three 43 (3) days after its adoption. 44 45 SECTION 4. This Resolution shall become effective immediately upon adoption. 46 Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 51, 2014 PASSED AND ADOPTED this __ day of ________ , 2014. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------------------Robert G. Premuroso, Mayor ATTEST: BY: -----------------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: ------------------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G :\attorney_share\RES OLUTIONS\2014\Resolution 51 2014 millage adoption FY14-15.docx Page 2 of2 1 2 ORDINANCE 15,2014 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE 7 CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR 8 COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 9 2015; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 10 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 11 PURPOSES. 12 13 14 WHEREAS, at a duly advertised public hearing held on September 3, 2014, the 15 City Council tentatively adopted a budget for Fiscal Year 2014/2015; and 16 17 WHEREAS, at a duly advertised public hearing held on September 18, 2014, the 18 City Council determined that the tentative budget, as finalized by the City Council, will 19 meet the needs and requirements of the City of Palm Beach Gardens and its residents for 20 Fiscal Year 2014/2015; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interests of the health, safety , and welfare of the residents and citizens of the City of Palm 24 Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 31 32 SECTION 2. The proposed budget is hereby approved and adopted by the City 33 Council as and for the budget of the City of Palm Beach Gardens for the fiscal year 34 commencing October 1, 2014, and ending September 30, 2015. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence , or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. This Ordinance shall become effective immediately upon adoption. 44 45 46 Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 15, 2014 PASSED this .)J(J> day of S f?7!M tS /IK , 2014, upon first reading. PASSED AND ADOPTED this second and final reading. day of ______ , 2014, upon CITY OF PALM BEACH GARDENS BY: --------------------------Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, Councilmember ATTEST: BY: --------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney G:\attomey_share\ORDINANCES\2014\0rdinance 15 2014 -budget adoption 2014-2015.docx Page 2 of2 AGAINST ABSENT CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 18,2014 7:00P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo · Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: a. DISTRICT PARK PRESENTATION BY COUNCIL MEMBER TINSLEY. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reguest form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. b. APPROVE MINUTES FROM SEPTEMBER 3, 2014 CITY COUNCIL MEETING . PURCHASE AWARD FOR THE RENEWAL OF THE FLORIDA LEAGUE OF CITIES -FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) PROGRAM. c. RESOLUTION 64, 2014 -INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY IN ORDER TO CONVEY SUNSET DRIVE AND 40TH TERRACE NORTH RIGHTS-OF-WAY TO THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES IX. PUBLIC HEARINGS:(* Designates Quasi-Judicial Hearing) a. RESOLUTION 51, 2014-ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE 15, 2014-(2nd READING AND ADOPTION) ADOPTING FISCAL YEAR 2014/2015 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's OffiCe at 561-799-4122 no later than 5 tlays prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. ) CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 18, 2014 7:00P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. /PLEDGE OF ALLEGIANCE II. ./ROLL CALL III.-ADDITIONS, DELETIONS, MODIFICATIONS: IV ~NNOUNCEMENTS I PRESENTATIONS: a . DISTRICT PARK PRESENTATION BY COUNCIL MEMBER TINSLEY. V. V ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. VciTYMANAGERREPORT: VII. ~MMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. APPROVE MINUTES FROM SEPTEMBER 3, 2014 CITY COUNCIL MEETING. b. PURCHASE AWARD FOR THE RENEWAL OF THE FLORIDA LEAGUE OF CITIES-FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) PROGRAM . c. RESOLUTION 64, 2014-INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY IN ORDER TO CONVEY SUNSET DRIVE AND 40TH TERRACE NORTH RIGHTS-OF-WAY TO THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES l . IX. PUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a./ RESOLUTION 51, 2014-ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE lf-/ CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING , ,,A-J~rOCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; DIRECTING THE f?i~ CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 'J. s--o ORDINANCE 15, 2014-(2"d READING AND ADOPTION) ADOPTING FISCAL YEAR 2014/2015 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Please Print , lo 6, l -Name: ··ca!VfME.NTS FRotvf TAE PUBLIC- Request to Address City· Counc il Add res:;::: 1Jb 00 C2...J ;., r: 1 0 ~ f .J. ~-+e ...--£) City: _f2----t:::::::;{3Jil-->6:~-_) Subject: q I ( .. . Members of the public may address the"City Council during the "Comments by the PUblic" portion of the agenda and duri·ng "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print ~ ~---------------------------------------------------------- -----·-···---··caKifMENfs .. FROIVI .TRE·-pusuc-···-·--·--·--·---·---· Request to Address C ity C o uncil Name: t~.tt:l u~f-b,.~ AddreS$:· ~..SIC 't r~'11!L.L14'e .N City: C.--"'f?~C.=--.or------------------ Subject: :: JDL , i;Js t, '-(.,fMM~ .. . Membe rs of the public may address the-City Council duri n g the "Comments by the Public" portion Of the agenda and during "Public H e a rin gs". T his R equest to Address the City Council must be deliv ered to the City C ler k prio r to the comme ncement of the meeting. The tim e limit f or each speaker is' limite d to three (3) minutes. -·--.. CbJ\KMENi s FRoM.TAE PU-BLI C- Request t o Add ress City· Counc il Please Prin.!(7 _ ~ Name: \ l..,J{'-\ ~~ AddreS$:· )~\ ~-1JI...l.<-\ "' . iJ~} , City: ___ , __ :Jl!f.;:;...,..-+---·~ J -55>-~--1-;r--5:-~--l?fV-S ____ _ Subject: r ~ If+-~#£0 .. . Members of the public may address the. City ~ouncil during the "Comments by the PUblic" portion Of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print -.. --·coM-MENTS FROM THE PtJBLIC- Request to Address City Council ~ l4J M fJUfti AddreS$:: (o(JJ StfNff emn . GtUfi ~ '~~~~-~·~-~~·-------------­ Name: J o$6111 City: Subject: ·A MftMJ . Members of the public may address the. City ~ouncil during the "Comments by the Public" portion of the agenda and during "Public He·arings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: ~e~MeMT~ lf.~JeNJ Tit!! P\tJmLJ(E Ae<i!fuest tt> Aci0ress Sity-f;erj@eil Address:· I J. J,-J~ b C7'1l A-. pr<r- Cizy: ~t~-~--~~------------------------------------------------------- Subject: ~P .. fft Members of the public may address the City Council during the "Comments by the Public" portion Of the agenda and during "Public He·ari.ngs". This Request to Address the Cizy Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: Subject: ·coM-MENTS FROM -THE PUl3LlC- Request to Address City· Council .. . Members of the public may address the-City Council during the "Comments by the Public" portion of the agenda and during "Public He·arings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: ·-·-··---··catvfrvfENTS F"FroM TRE -pusLlc-· ·- Request to Address City· Council ,· --·--··-·-·-·-----·--- City: -------~"·r~~---~~-~~--------------~~----------~-----' ~~ ~ # Q Subject: ~ud~± .. Members of the public may address the'City ~ouncil during the "Comments by the PUblic" portion Of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is· limited to three (3) minutes. -·--··c a rvfME .NIS FRd t\lfTAE PUBLIC - Req u est to Add r ess City· C ounci l Please Print Name: ~/~· ~cla/lo AddreS$:-/0 6/~ ~ e J?l,R~ - City: ~~2 ------------·------------------------------------- Subject: bfr{Lr-... £~ .. . Members of the public may address the.City ~ouncil during the "Comments by the Public" portion Of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit f o r each speaker is limited to three (3) minutes. Please Print Name: - Subject: ----··cat\JfMENis FROM -THE PU-8l.JC - Request to Address City Council .. . Members of the public may address the-City Council during the "Comments by the Public" portion Of the agenda and during "Public He·arings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.