The URL can be used to link to this page

Home My WebLink AboutAgenda Council Agenda 090401Last printed 8/14/01 12:06 PM Revised 8/29/01 City of Palm Beach Gardens Council Agenda September 4, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello Last printed 8/14/01 12:06 PM Revised 8/29/01 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING September 4, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: 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. Consideration of approving Minutes from the August 2, 2001 Regular City Council Meeting. b. Resolution 131, 2001 — Termination of a Unity of Title. Consideration of authorizing the Growth Management Director to execute a termination of a Unity of Title for lots 2, 3, 4, and 5 of blocks 12 of the plat of Palm Beach Garden Estates (Plat No. 1). C. Resolution 133, 2001 — Interlocal Agreement for Dispatch Services. Consideration of an Interlocal Agreement for Dispatch Services by and between Palm Beach County and the City of Palm Beach Gardens. Last printed 8/14/01 12:06 PM Revised 8/29/01 d. Resolution 134, 2001 — Character First. Consideration of endorsing the efforts of the International Association of Character Cities to establish a diverse "Character Council' within the community. IX. PUBLIC HEARINGS: a. Ordinance 32, 2001 - Fiscal Year 2001 -2002 Budget (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, affixing a total valuation of the real and personal property located within the corporate limits of the City of Palm Beach Gardens, Florida, for the year ending December 31, 2001; establishing a tax rate thereon for said year; levying a tax on said real and personal property for said year; adopting a fiscal budget for the fiscal year beginning on October 1, 2001 and ending on September 30, 2002, inclusive; appropriating funds for expenditures in accordance with said budget; providing for the repeal of ordinances in conflict herewith; and, providing for an effective date. b. Ordinance 29, 2001 — Temple Beth David Conditional Use and Site Plan Amendment (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a conditional use for the expansion of a temple including the construction of social hall, future sanctuary with a maximum of 275 seats, kitchen and storage facilities, lobby and restroom facilities, expansion of the educational facilities to accommodate a maximum of 102 students, and future offices, to be located on a 5 -acre site located on the north side of Hood Road, halfway between Military Trail and Central Boulevard, at 4657 Hood Road; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. C. Ordinance 28, 2001 — Budget Amendment (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens providing for an amendment of the City of Palm Beach Gardens Budget for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repeal of ordinances in conflict herewith; providing for severability; and, providing for an effective date. X. RESOLUTIONS: Last printed 8/14/01 12:06 PM Revised 8/29/01 XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 36, 2001 — Marina Gardens (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of the application from Mutual Land Development Company for an amendment to the previously approved "Marina Gardens" Planned Unit Development (PUD) by revising the traffic analysis and the condition of approval referencing the build -out date for the 65 townhome units on the 7.6 -acre site located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, more particularly described herein; providing for a condition of approval; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: a. Monthly Litigation Report. XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 2, 2001 The August 2, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. ANNOUNCEMENTS: Announcements were made that Resolution 128, 2001, item "n" on the Consent Agenda would be pulled for discussion purposes. Item "h," Resolution 120, 2001, item "i," Resolution 121, 2001 would be pulled; and that item "l," Resolution 125, 2001 and item "X(a)," Resolution 85, 2001 would be heard on August 16, 2001. PRESENTATIONS: Motion was made by Councilmember Sabatello, seconded by Vice Mayor Jablin and unanimously carried to approve the proclamation for the Southeast Shrine Association to hold their 2005 Annual Convention in the City of Palm Beach Gardens. Mayor Russo read aloud the proclamation and presented it to Shriner representatives. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado announced that the Donald Ross Road Bridge was on a new schedule to accommodate traffic while the PGA Boulevard Bridge was closed for repairs, and that residents had called to inform her of serious flooding at Loehmann's Plaza. Mayor Russo took issue regarding comments made by residents regarding stormwater improvements at the budget hearing that the City had not done enough, reviewed the drainage improvements that had been made, reported residents did not want a large tax increase, and recommended that another budget be presented in September with lower numbers with lower levels of service. Councilmember Sabatello recommended providing the highest level of service and not reducing levels of service just to satisfy a minority group. Vice Mayor Jablin recommended presenting an alternative budget only as an exercise. Councilmember Furtado and Councilmember Clark expressed their opinion that stormwater fees should be explained more fully. Councilmember Furtado requested a report on money set aside for canal improvements, what had been completed, and what happened to the rest of the money. Mayor Russo recommended an education program be instituted. CITY MANAGER REPORT Public Information Report - Councilmember Furtado made a motion to approve staff recommendation to accept and file the Public Information Report. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC: Henry Skokowski, 253 Murray Road, West Palm Beach, requested reconsideration of Ordinance 22, 2001, which had been denied when presented for First Reading. Councilmember Sabatello made CITY COUNCIL REGULAR MEETING, 8/2/01 2 a motion to reconsider Ordinance 22, 2001. Councilmember Furtado seconded the motion, which carried by 4 -1 vote. CONSENT AGENDA: Councilman Clark made a motion to approve the Consent Agenda with the exception of items h, i, 1, and n. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Minutes - Consideration of approving minutes from the June 21, 2001 Regular City Council Meeting. b. Minutes - Consideration of approving minutes from the June 21, 2001 City Council Workshop Meeting. C. Minutes - Consideration of approving minutes from the July 5, 2001 Regular City Council Meeting. d. Minutes - Consideration of approving minutes from the July 5, 2001 City Council Workshop Meeting. e. Resolution 105, 2001 - Fire Station No. 3, Howell Lane - Dedication of Easements and Acceptance of Reservations. Consideration of executing the dedication of easements and acceptance of reservations for the Fire Station No. 3 Plat (Howell Lane). f. Resolution 106, 2001 - Fire Station No. 3, Howell Lane -Plat. Consideration of approving the Fire Station No 3, Howell Lane Plat. g. Resolution 118, 2001 - NorthCorp Art. Consideration of approving the Art in Public Places proposal for the NorthCorp Planned Community Development, located between Bums Road and RCA Boulevard and between Alternate AIA and I -95, as more particularly described herein; providing for conditions. j. Resolution 122, 2001 - Parcel 8 at Mirasol Site Plan. Consideration of approving a Site Plan Application for "Parcel 8" located within the Mirasol Planned Community Development, allowing for the development of 35 custom single - family homes, located approximately 1 mile north of the intersection of PGA Boulevard and Jog Road, and as more particularly described herein; providing for conditions of approval; providing for waivers. k. Resolution 124, 2001 - Frenchman's Reserve "Pod G" Lot 3 Phasing. Consideration of amending Resolution 80, 2001 and providing for approval of a Site Plan Amendment Application to Frenchman's Reserve "Pod G" allowing for the re- designation of one lot (Lot 3) from Phase 2 to Phase 1, to be used as a temporary "Design Center," located approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA, and as more particularly described herein; providing for conditions of approval; providing for waivers. M. Resolution 126, 2001 - Replat of Marina Gardens Plat. Consideration of approving the replat of Marina Gardens Plat. Items pulled from Consent Agenda: h. Resolution 120, 2001 - Frenchman's Reserve "Pod F." Consideration of approving a Site Plan Application for "Pod F" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 80 semi - custom and custom single - family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA, and as more particularly described herein; providing for conditions of approval CITY COUNCIL REGULAR MEETING, 8/2/01 3 providing for waivers. Councilmember Clark moved approval of Resolution 120, 2001. Vice Mayor Jablin seconded the motion. During discussion of the motion, Councilmember Sabatello indicated precedent would be set on approval of rear setbacks as zero, and expressed concern with maintenance of landscaping provided on adjacent property and requested more landscaping be added. Staff indicated their position was to allow zero setbacks when the property backed up to lake maintenance easements. Councilmember Furtado expressed her opinion that standards should be set rather than waivers requested. Mayor Russo commented staff should first have discussed such a major policy change with the City Council. Setbacks in other projects were discussed. Michael Sabatello, agent for the applicant, showed a slide of a rear elevation from the golf course and from the lake, and showed proposed landscaping and changes to the screen enclosures that would be on the golf course or on the lake maintenance easement. The golf course would be responsible for landscaping on the golf course property and the homeowners association would be responsible for landscaping provided on the lake maintenance easements. Councilmember Sabatello requested Homeowner Association documents require homeowner sprinklers to cover the adjacent landscaping. The City Attorney advised that landscaping located off the property of the applicant could not be covered in a condition of approval, but if placed in the Homeowner Association covenants the Homeowners Association would be responsible and have recourse against the individual homeowner. Providing a meandering hedge was requested. Consensus was to come back to this item at the end of the meeting to allow time for appropriate language for conditions of approval to be worked out. Councilmember Clark withdrew his motion; Vice Mayor Jablin withdrew the second. n. Resolution 128, 2001 - Award of Bid/Fire Station #3. Consideration of awarding a bid for the construction of Fire Station No. 3 to Ahrens Enterprises, Inc DB /A Ahrens Companies and authorizing staff to negotiate an agreement. Fire Chief Bergel provided information that demonstrated the need for the fire station. Vice Mayor Jablin moved approval of Resolution 128, 2001. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARINGS: Ordinance 11, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 11, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to road impact fees; amending Sections 49, 50, 51, 54, 55 and 57 of Division IV, "Citywide Impact Fees," of Article III, "Development Review Process," of the City's Land Development Regulations to delete references to "Collector Roads" and to clarify those provisions relating to alternative payments and credits for the payment of road impact fees; providing for codification; providing for severability; and providing for an effective date. City Attorney Rubin presented the corrections from the prior ordinance. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Sabatello made a motion that Ordinance 11, 2001 be placed on second reading by title only and approved. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 11, 2001 on second reading by title only. Ordinance 13, 2001 - Mayor Russo withdrew due to conflict of interest and passed the gavel to Vice Mayor Jablin. The Vice Mayor declared the public hearing open, held on the intent of Ordinance 13, 2001 - for consideration of second reading. An ordinance of the City Council of the City of CITY COUNCIL REGULAR MEETING, 8/2/01 4 Palm Beach Gardens, Florida, providing for the approval of an application from Fercon Florida, Inc. to amend a previously- approved planned unit development by deleting Section 7 of Ordinance 16, 1987, as amended, that requires, by a date certain, the complete construction of the 51 single - family residential units on the Hidden Hollow Planned Unit Development (PUD) site, located on the south side of Northlake Boulevard, 1/2 mile west of Military Trail, as more particularly described herein; providing for severability, providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu provided the staff presentation. Michael Sabatello, agent for the applicant, offered to answer questions. Hearing no comments from the public, Vice Mayor Jablin declared the public hearing closed. Councilman Clark made a motion that Ordinance 13, 2001, be placed on second reading by title only and approved. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 13, 2001 on second reading by title only. Ordinance 17, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 17, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to communications facilities in public rights -of -way; amending Chapter 62 of the City Code of Ordinances to create a new Article VII entitled "Placement of Communications Facilities in Public Rights -Of- Way;" providing for definitions; providing for registration for placing or maintaining communications facilities in public rights -of -way; providing for notice of transfer, sale or assignment of assets in public rights -of -way; providing for suspension of permits; providing for appeals; providing for involuntary termination of registration; providing for existing communications facilities in public rights -of -way; providing for insurance; providing for indemnification; providing for construction bond; providing for security fund; providing for enforcement remedies; providing for abandonment of a communications facility; providing for force majeure; providing for reservation of rights and remedies; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. The City Attorney indicated this ordinance was in compliance with a new law and was a model being adopted Statewide. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark moved that Ordinance 17, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 17, 2001 on second reading by title only. Ordinance 18, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 18, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment of Ordinance 8, 2000, the development order for the Mirasol Planned Community District (formally known as Golf Digest Planned Community District), by adopting an amended development order; providing for amendment of the master development plan to reconfigure golf and residential development parcels; providing for modified conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Senior Planner Edward Tombari presented the project. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Anne Booth, agent for the applicant, stated the applicant agreed to the conditions and would answer any questions. Councilman Clark moved that Ordinance 18, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion. Councilmember Sabatello advised he was a homebuilder in Mirasol but CITY COUNCIL REGULAR MEETING, 8/2/01 5 this Ordinance did not affect him in any way. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 18, 2001 on second reading by title only. Ordinance 19, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 19, 2001 - for consideration of second reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the comprehensive plan of the city of Palm Beach Gardens by changing the land use designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the project. Dodi Glas, Urban Design Studio, spoke on behalf of the petitioner. Traffic concerns were discussed. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 19, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 19, 2001 on second reading by title only. Resolution 81, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 81, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the consolidated and amended development order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the master development plan to reconfigure the alignment of Victoria Gardens Drive, relocate the neighborhood commercial parcel 6, redesignate the use of parcel 6 as multifamily residential, relocate parcel 4 to the east of the water management tract, redistribute the acreage of parcel 7 equally between parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend condition #1 to establish and adopt a land use conversion matrix; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of resolutions in conflict; and providing for an effective date. Growth Management Director Charles Wu presented the proposed amendments. Dodi Glas, Urban Design Studios, agent for the applicant, addressed comments in a letter from the Forbes Company. Mayor Russo questioned the proposed La -Z -Boy store use. Linda Monroe, former member of the City Council, commented on the sound system in the Council chambers; and commented on recreational and cultural use which was the original intent, and which had been lost. Ms. Monroe felt it was not fair to The Forbes Company to add the magnitude of additional retail that was proposed, and expressed concern those high -end jobs as envisioned had not materialized because the office buildings had not been built. Mr. Forbes, the Forbes Company representative, developer of the Gardens Mall, provided a history of the regional center plan and noted that the La -Z -Boy store and a Mattress Factory were not a part of the original vision and expressed concern that this area must be developed properly and high- quality uses maintained. Mr. Forbes was complimented on the quality of the mall and intent was expressed that the original plan would be followed, but that more information was needed regarding what had been changed and future proposed changes. John Gary, representing Mall Properties, requested direction from the City Council. Dan Catalfumo indicated they were being forced out of their lease with Borders bookstore and were also being sued by them, and that La -Z -Boy had entertained the possibility of leasing the CITY COUNCIL REGULAR MEETING, 8/2/01 6 whole building, that it was a quality building and that had not changed. Mayor Russo requested staff explain specialty retail to the Council during the next week. Mr. Catalf imo asked for a condition to put a movie house in, and confirmed that there would not be a mattress factory there. Mayor Russo was upset that he was not able to rely on this petitioner to do what he had said he would. Mr. Gary requested this item be continued. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. It was the consensus of the City Council to take no action on this item. Dodi Glas clarified there was residential identified south of Gardens Parkway on the existing map H and it had always been there. Resolution 121, 2001 - Frenchman's Reserve "Pod D." Consideration of approving a Site Plan Application for "Pod D" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 77 semi - custom single - family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA, and as more particularly described herein; providing for conditions of approval providing for waivers. City Attorney Rubin noted staff would incorporate the landscaping comments for Resolution 120, 2001. The City Attorney proposed one additional condition to Resolution 120, 2001 and to Resolution 121, 2001: All off -site landscaping and irrigation adjacent to a screen enclosure with a zero foot setback shall be irrigated and maintained in perpetuity by the Frenchman's Reserve Property Owners Association and/or the owners of the golf course, their successors and assigns. Councilman Clark moved approval of Resolution 120, 2001 with the change as read into the record by the City Attorney. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark moved approval of Resolution 121, 2001 with the change as read into the record by the City Attorney. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Growth Management Director indicated he wanted to make sure the motion included stated revisions for the record for both resolutions. Resolution 116, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the appointment of one (1) member to the Board of Trustees of the City of Palm Beach Gardens, General Employees Pension Plan; and, providing for an effective date. Councilman Clark moved approval of Resolution 116. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 119, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the reappointment of one (1) regular member and one (1) alternate member to the Art Advisory Committee of the City of Palm Beach Gardens; and providing for an effective date. Vice Mayor Jablin moved approval of Resolution 119, 2001 with the name Cynthia Grey as a regular member and Raymond Katz as alternate member. Councilmember Clark seconded the motion, but noted for the record that the third candidate, David Miller, was an excellent candidate and he would like to see him serve when an opportunity arose. Vice Mayor Jablin agreed. Motion carried by unanimous 5 -0 vote. REPORT ON TANGLEWOOD: CITY COUNCIL REGULAR MEETING, 8/2/01 7 City Manager Ferris reported he and the City Attorney had attended meeting with Tanglewood Representatives regarding the current status of fines, which he was sure that would continue in the Courts; and that their plans to renovate the entire complex had fallen through and a new plan for facades was now being considered. Councilman Sabatello indicated he wanted to be sure all code enforcement activities regarding this property were done properly and legally and that the goal was to bring this property up to standard. Councilmember Furtado reported Tanglewood was forcing people to live in slum conditions, which was beyond the scope of Code Enforcement. City Manager Ferris advised there were other more serious avenues that could be pursued when the City Council was ready, and he could prepare information regarding the process necessary to take over the property. Discussion ensued. It was the consensus of the City Council that the City Manager proceed with providing the information. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Clark, carried 5 -0, the meeting was adjourned at 10:16 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 17, 2001 Meeting Date: September 4, 2001 Subject/Agenda Item: Consideration of Resolution 131, 2001, authorizing the Growth Management Director to execute a termination of Unity of Title for certain lots located within Palm Beach Garden Estates (Plat No. 1). Recommendation: Approval of Resolution 131, 2001 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attorney � Not Applicable [ ] Approved [ ] Approved with conditions Funding Source: [ ] Denied [ ] Continued to: Submitted by: Advertised: City Attorney Date: [ ] Operating Paper: [ X] Not Required [ ] Other Approved by: Attachments: City Manager Affected parties: Memo to Mayor and Council [ ]Notified Resolution 131,2001 Termination of Unity of [ X] Not Required Title Unity of Title M E M O R A N D U M WATTERSON, HYLAND & KLET, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney Subject: Approval of Resolution 131, 2001 Date: August 17, 2001 cc: Ron Ferris, City Manager This is a request for approval of Resolution 131, 2001, authorizing the Growth Management Directorto execute a termination of Unity of Title for certain lots within the plat of Palm Beach Garden Estates. In 1986, the City required the owner of these lots to record a Unity of Title to facilitate the development of multi - family housing. The current owner of the property is requesting that the Unity of Title be terminated so she may convey the individual lots to a third party to be developed as single family residences. While the Growth Management Director approved the termination of Unity of Title and executed the necessary document, the original Unity of Title provided that it would be effective until it was released in writing by the City Council. Therefore, City staff is requesting approval of the resolution authorizing the Growth Management Directorto execute the termination of Unity of Title. This issue did not arise until after the agenda deadline; however, the owner of the property is operating under a closing deadline. Should you have any questions relative to the foregoing, either Charles Wu or I will gladly address them. PACPWin \HI STORY\010801 A \446.79(319.055)121 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 131, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE TERMINATION OF A UNITY OF TITLE FOR LOTS 2, 3, 4 AND 5 OF BLOCK 12 OF THE PLAT OF PALM BEACH GARDEN ESTATES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, in September 1986, the City required the owner of lots 2, 3, 4, and 5 of Block 12 of the the plat of Palm Beach Garden Estates (Plat No. 1) ( "Property ") to record a Unity of Title priorto the issuance of permits for the construction of multi - family dwellings; and WHEREAS, the current owners of the Property have requested that the City release the Unity of Title so as to enable the individual lots to be sold and developed as single - family lots; and WHEREAS, the Growth Management Department has reviewed the request and has no objection to releasing the Unity of Title; and WHEREAS, the Unity of Title, recorded in Official Record Book 5010, Page 71 of the Public Records of Palm Beach County, Florida, provides that it is binding on all owners of said property until released in writing by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the release of the Unity of Title and hereby authorizes and ratifies the Growth Management Director's execution of a Termination of Unity of Title dated August 7, 2001 relating to the Property. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK PACPWin \HIST0RY\010801A \43F.A9 (319.062) -2- SENT BY: HP LASERJET 3150; 5617994281; AUG -10 -01 9:29AM; PAGE 2 Prepared By and Return To: JAMES H. RYAN, Esquire GARY, DYTRYCH & RYAN, P.A. 701 U.S. Highway One, Suite 402 North Palm Beach, FL 33408 78442/Ir TERMINATION OF UNITY OF TITLE THIS TERMINATION dated this 7 day of August, 2001 by Sergio Iovita ( "Owner Lot b "); Lee L. Vanacore and Veronique Vanacore ( "Owner Lots 2, 3, 4 and 5 "); Shawn Edward O'Brien ( "Purchaser Lots 2, 3, 4 and 5 "); and City of Palm Beach Gardens ( "City "). WHEREAS, the predecessor in title of the following described real property, to-wit- Lots 2, 3, 4, S and 6, Block 12, Plat No. I Palm Beach Garden Estates, according to the Plat thereof as recorded in Plat Book 26, Page 188 of the Public Records of Palm Beach County, Florida, requested and was granted by City a Unity of Title for the above referenced property, which Unity of Title was recorded in Official Record Book 5010, Page 71 of the Public Records of Palm Beach County, Florida; and WHEREAS, the current Owners and Purchaser desire to cancel said Unity of Title; and WHEREAS, City agrees to said cancellation. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Unity of Title described above is hereby terminated, cancelled and rendered of no further force or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the day and year first above written. SENT BY: HP LASERJET 3150; 4 4 t'� � . h4-�, Printed name Kau J F' ,bA -S XN►. L' C— Printed name t I�. �' • V-I1 Witnesses as to Iovita STATE OF FLORIDA COUNTY OF PALM BEACII 5617994281; AUG -10 -01 9:29AM; PAGE 3/8 SERG10 fV1TA The foregoing instrument was acknowledged before me this b d August, 2001 by Sergio Iovita who is personally known tome or who produced dkt%rO 10AS F _- -- as identification. My Commission Expires: Commission No.: Notary Seal: . to &-�D A-04 e i i i�- y blic sign MY COMMIS o # Do 04766 'EXPIRES:," 14.2005 &A�6ThuNet.rypuh3eu�wAOUs Printed name „•r•�� .��....+oti«�� Witnesses as to Vanacores STATE OF F 141. -, A L COUNTY OF ti /u. _ e K e-a L.VANACORE VERONIQUE\VANACORE The foregoing instrument was acknowledged before me this - day of August, 2001 by Lee L. Vanacore and Veronique Vanacore who are personally known to me or who produced _ A _ as identification. I No 'c ture My Commission Expire-,- MESH.RY~ Commission No.: L7T MISSON R CC 63: E3 6 -.2s wne 3, aooa Notary Seal: h..►g+Y�cl>nd ,. SENT BY: HP LASERJET 3150; 5617994281; Pri nteif name. NA"-skW A 1 Printed name Witnesses as to O'Brien STATE OF FLORIDA COUNTY OF PALM BEACH AUG -10 -01 9:29AM; PAGE 4/6 SHAWN EDWARD O'BRIEN The foregoing instrument was acknowledged before me this wday of ugust, 001 Edw O'Brien who is personally known to me or who produced" -'- as identification. A My Commission Expires: Commission No.: Notary Seal: Printed name .5ao# --- at-4;2>. Printed name Pi A4V -- Witnesses as to City V STATE OF FLORIDA COUNTY OF PALM BEACH by CITY OF PALM 13EACII GARDENS { Pe foregoing instrument was acknowledged before me this day of August, 2001 by ha.�e l s_ '►'• c,_ , the , raw fir, " -r of The City of Palm Beach Clardens, duly authorized to execute this document on hall said municipality, who is personally known to me or who produced identification. My Commission Expires: Commission No.: Notary Seal: 1 Notary Public signature SENT BY: HP LASERJET 3150; 5617994281; AUG -iO -Oi 9:29AM; PAGE 5/6 �1;r'i.TY t:P TTTLE oil.� ft. r.onsiderrii.i,)o of the issuance of a Permit to Holly tit-lciar+ f u) t 11.e const.r'Uc: ti on of multi - •family dwellings in Palm 13ca4h Cotial ida and for ol.h-i good and voluab.le cr,nsideration. The rind:.- si�+.'ti ::r• +rr by air 1 « r rest: r•i c t. the use 01. LtloSe r.crtai.n p�1rr a l.- cf property, IoLs 2,'s,11.,5,6. Bioc:k 12 of Palm'Beach Gardens F.str. in Nat Book 26, Page 188, Palm Beach County, Florida: SEE PLAT EXHIP,IT "A" ATTACHED HSRETO AND MADE A PART HERL-01-*' in t.hr• 1'0.I lowiu„ Inanne•r: 1. Thi3L Said property shall bE; considerod as one par -cel lent( and sn i d l And will not be sold, transferred, d i %- i dl Eissip,ned, except in its ent.ireLy as one 1)1ot or parce l la rid . Tht� t.tlrricr�, i sy ,+ d fUrt.her agl i' es that t it i 5 r..s,nd i Ciclr. , r t ir')tl 0116 i i-!;i Cal ion sIt<i.l J be dQCined it c..Ovi- Ildrlt run+ 1 +1s= t.i.i..1-: I.hr• lo!id. and shol.l remain i.ri ft;.11. for•(_e and effect, ,IIc1 he bind i r. ; upon the undersigned, t.h i r hairs )I'd is�- • _ , +!rlt:i. I rauc:P: r. i trig its the same may be r-e -1 eiltced in Wri t i :tg t:,.. L1'1t' i:i.ry C'.. :+,r -i.l r,t t(tc-� City -)f Palr)t Bezi(-.L C;ordeils. +.Indorr,, r , 'cl I' iirc.h +.,• ;,I,,r r::, t'. hai- t. his it) r,t runieitI ri- % the 1e111) 1 ++ records o; i'lt ilil i ;Ptil:ll (,++lil,' . l'i+ >rido, 1)I'c,•:I(led, 11+)wevC.'r, V:11di. Litt' +ALLY t. 1J 1111r:.11. +1:�•'• t.11(• re,.;ndirir; of this: covt_nant which c.omPli.Es with t:: • app ic:3u1p tki the new uses intended. f =tCti, seeded taltr.I xe:r.tit.ad and acknowledged (it) this day of Id IT 1- " SL"S: 8SO10 P0013 a V n ' r BY ROLL - t c NOTARY PUBLTC: r(y Commission Expires "� 1 1 � � 1 '. Ar• - L% FLDP.Ir14 L...r�+5:,. . F ;t +•, �i? ?5.9138 SENT BY: HP LASERJET 3150; 5617994281; AUG -10 -01 9:30AM; PAGE 6/6 a �rf.s ^Irs� =.�( eii! {{M�:, 1 t. ^• Pt. aYTED a� l 'F:e'i' •t {�:.':i�itaYr:t2 �?��'�e 1 i ( �� ° +��.._..� Yi' �fe i 1 =,��:�;^ �^� Re '` ,.. � •:.• I ,t! t.;�•�d�e�l.�..i.t ,,1.''11 »'wl 3 • I 1p li ' t cG'••• \�t : � � rz: 'mot'_; `: : �7 I 1' "aW i - - I f��.. f l! i; _ 'ic;, ai "i;i�� - � :: — � —• -,' .. �c1 Nan r_.. In ►• :I ?m c •, , 1 � + V ' ' S 6 j ? ttt'%1 k-, �e 1? v IL t f h•:iQ r �• 2 : i' i r � .: •i � e ,. t �- aar 0.7 �`� •'` IL v k, [_ 1 "j'` r � • � r T ;.� •;� Vii•„ � Ri•�;:�`, 1 ;j' � €Ir' �•t -x ;i3 :y �:, 9� %1x;•'4 }II: . � r•!f n t•: � :: :I ?m c •, , 1 � + V ' ' S 6 j ? ttt'%1 k-, �e In .i f~ -1 ;t • ' I t i O Se t ,t_ • f t r•. NTI I� I I ..V y •:� 0 1 I � •, it _ - ,t F• 1 + ^ r ♦ • '•`..� '.1.%• + •.�� r° • Ott' ��/ ",rj,1 ♦ate / i i •( j(' n i l 1? v IL t f h•:iQ r x a L- Z•e�j; IL v k, [_ 1 "j'` r � • � r T In .i f~ -1 ;t • ' I t i O Se t ,t_ • f t r•. NTI I� I I ..V y •:� 0 1 I � •, it _ - ,t F• 1 + ^ r ♦ • '•`..� '.1.%• + •.�� r° • Ott' ��/ ",rj,1 ♦ate / i i •( j(' n i l t k IL t f h•:iQ i, a L- Z•e�j; IL v k, [_ 1 "j'` r � • � r T In .i f~ -1 ;t • ' I t i O Se t ,t_ • f t r•. NTI I� I I ..V y •:� 0 1 I � •, it _ - ,t F• 1 + ^ r ♦ • '•`..� '.1.%• + •.�� r° • Ott' ��/ ",rj,1 ♦ate / i i •( j(' n i l CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 4, 2001 Date Prepared: August 20, 2001 Subject/Agenda Item Second Amendment to Interlocal Agreement for Dispatch Services by and between Palm Beach County and the City of Palm Beach Gardens. Recommendation /Motion : Staff recommends approval of Resolution 133, 2001, Interlocal Agreement for Dispatch Services by and between Palm Beach County and the City of Palm Beach Gardens. Reviewed by: City Attorney Originating Dept.: Fire - Rescue Costs: $ 147,196 Total Council Action: [ ] Approved Finance $ 150,000 [ ] Approved w/ Current FY conditions ACM [ ]Denied Human Res. - Other Advertised: Funding Source: [ ] Continued to: Date: [ X ] Operating Attachments: Paper: [ X ] Not Required [ ] Other Staff Report Resolution Submitted by: Peter T. Berge Affected parties Budget Acct. #:: Interlocal Agreement Department Head [ ] Notified 01- 1200 - 522.3150 [ ] None A prove y: r [ X ] Not required BACKGROUND: See attached Staff Report. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: August 20, 2001 APPROVED: FROM: Peter T. Bergel, Fire ChiefC335E' SUBJECT: Dispatch Contract Background The Interlocal Agreement for Dispatch Services between the City of Palm Beach Gardens and Palm Beach County was amended in September 2000. This Agreement has been in place since September of 1998. Discussion The Agreement for Dispatch Services provided for a flat rate fee through September 30, 2005. Previous Agreements were based on estimating the annual calls for service for a specific fee. Any calls received above the estimated calls for service were billed at a rate of $26.64 per each additional call. Fire Rescue's cost for dispatch services for Fiscal Year 2000/2001 was $100;000 flat rate. The amended Agreement continues to provide for a dispatch fee of $100,000 per year for the next five years. Additionally, the Agreement has been revised to provide for the cost of installing new 800 Mhz radios as well as providing for all maintenance and service annually. Based on the services received in comparison to the cost of providing our own dispatch services and contracting for radio maintenance, Fire Rescue is recommending approval of the Agreement. It is important to approve these contracts by Se�tember 4th as they will be required to go before the County Commission September 25t in order for there to be no lapse in contracts. Should you have any additional questions concerning this matter, please do not hesitate to contact me at any time. Recommendation Staff recommends approval of Resolution 133, 2001, Interlocal Agreement for Dispatch Services between Palm Beach County and the City of Palm Beach Gardens. PTB: ptb enc. cc: file RESOLUTION 133, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SECOND AMENDMENT TO 1NTERLOCAL AGREEMENT FOR DISPATCH SERVICES BY AND BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Palm Beach County enacted Ordinance No. 83 -23, as amended, which created municipal service taxing units (MSTUs) for the provision of fire protection and fire- rescue services, including the provision of dispatch services; WHEREAS, the City desires to secure such dispatch services from the County; WHEREAS, Ordinance No. 83 -23, as amended, authorizes the County to enter into contracts with municipalities to provide services from a MSTU; and WHEREAS, the County is desirous of providing dispatch services to the City operation; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the Second Amendment to the Interlocal Agreement for Dispatch Services by and between Palm Beach County and the City of Palm Beach Gardens, a copy of which is attached hereto and made a part hereof. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the City of Palm Beach Gardens. SECTION 3. This Resolution shall be affective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF SEPTEMBER, 2001. MAYOR, JOSEPH R. RUSSO RESOLUTION 133, 2001 PAGE 2 OF 2 ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CAROL GOLD, CMC, CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR DISPATCH SERVICES BY AND BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS (R -98- 1482 -D) AS AMENDED (R2000 -1520) THIS SECOND AMENDMENT to the Interlocal Agreement for Dispatch Services by and between the City of Palm Beach Gardens, a Florida municipal corporation, located in Palm Beach County, Florida, (hereinafter "City "), and Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter "County "), dated September 15, 1998, is made and entered into this day of , 2001. WITNESSETH WHEREAS, on September 15, 1998, County and City entered into that certain interlocal agreement for the provision of dispatch services from County to City (R -98- 1482 -D) (hereinafter the "Agreement "); and WHEREAS, the term of the Agreement was from October 1, 1998 through September 30, 2000; and WHEREAS, on September 26, 2000, the Agreement was amended (R2000 -1520) revising the payment terms of the Agreement and extending the Agreement through September 30,2005; and WHEREAS, the parties desire to amend the Agreement to extend the term through September 30, 2006; and WHEREAS, the parties have engaged in continuing discussions on additional equipment necessary for the conversion to the 800 MHz communication system, and desire to amend the Agreement to lease certain equipment to the City and revise the responsibilities, duties and payments. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. Effective October 1, 2001, Section 3 of the Agreement is hereby amended to read as follows: Section 3. Effective Date and Term: This Agreement shall take effect October 1, 1998 and shall remain in full force and effect up to and including September 30, 2006 unless sooner terminated as provided herein. 2. Effective October 1, 2001, Sections 4 and 5 of the Agreement are hereby amended to read as follows: Section 4. Responsibilities and Duties: City agrees: A. To maintain an Automatic Aid agreement with County. B. To adopt Palm Beach County Fire - Rescue dispatch protocols. C. To review response protocols every twelve (12) months. D. To transfer to County all 911 calls received by City's PSAP as soon as the need for fire rescue services is identified. E. To use the equipment listed in Exhibit 1 to implement the conversion to the 800MHz communication system and the dispatch services provided by the County hereunder. F. To notify the County if any equipment listed in Exhibit 1 is lost, stolen or destroyed beyond repair. 2 G. To reimburse the County for any equipment listed in Exhibit 1 that is lost, stolen or destroyed beyond repair. H. To notify the County and provide the County access to equipment requiring maintenance or repair. I. To promptly return the equipment listed in Exhibit 1 to the County upon expiration or termination of this Agreement. County agrees: A. To receive and dispatch all emergency calls in a timely manner. B. To document unit times (e.g. response, arrival at scene, arrival at hospital). C. To provide communication support for all emergency incidents. D. To lease to the City the necessary equipment to implement the conversion to the 800 MHz communications system as listed in Exhibit 1. E. To provide maintenance and repair to equipment listed in Exhibit 1. F. To replace any equipment listed in Exhibit 1 which is lost, stolen or destroyed beyond repair. Section 5. Payments, Invoicing and Reimbursement: City shall pay to County for dispatch services provided from October 1, 1998 through September 30, 1999, the total sum of $114,151. This sum shall be paid in twelve (12) monthly installments in the amount of $9,512.58. From October 1, 1999 through September 30, 2000, City shall pay to County for dispatch services provided hereunder the total sum of $119,858.55. This sum shall be paid in twelve (12) monthly installments in the amount of $9,988.21. 3 From October 1, 2000 through September 30, 2001, City shall pay to County for dispatch services provided hereunder the sum of $100,000 per year. This sum shall be paid in twelve (12) monthly installments in the amount of $8,333.33. From October 1, 2001 through September 30, 2002, City shall pay to County a base contract amount of $100,000 for dispatch services provided hereunder plus $47,196 for the lease of equipment as provided herein. This total sum of $147,196 shall be paid in twelve (12) monthly installments in the amount of $12,266.33. From October 1, 2002 through September 30, 2003, City shall pay to County a base contract amount of $103,000 for dispatch services provided hereunder plus $47,196 for the lease of equipment as provided herein. The total sum of $150,196 shall be paid in twelve (12) monthly installments in the amount of $12,516.33. From October 1, 2003 through September 30, 2004, City shall pay to County a base contract amount of $106,000 for dispatch services provided hereunder plus $47,196 for the lease of equipment as provided herein. The total sum of $153,196 shall be paid in twelve (12) monthly installments in the amount of $12,766.33. From October 1, 2004 through September 30, 2005, City shall pay to County a base contract amount of $109,000 for dispatch services provided hereunder plus $47,196 for the lease of equipment as provided herein. The total sum of $156,196 shall be paid in twelve (12) monthly installments in the amount of $13,016.33. From October 1, 2005 through September 30, 2006, City shall pay to County a base contract amount of $112,000 for dispatch services provided hereunder plus $47,196 for the a] lease of equipment as provided herein. The total sum of $159,196 shall be paid in twelve (12) monthly installments in the amount of $13,266.33. The first payment due hereunder shall be made on or before October 1, 1998. The remaining payments shall be due on or before the first day of each month thereafter. Payments shall be made to the Palm Beach County Board of County Commissioners (Fire Rescue MSTU). Any additional services, upgrades, enhancements, or improvements made to the system referenced in this agreement may result in additional charges to City with its prior approval. Interest will be imposed pursuant to Section 218.335, Florida Statutes, in the event payment has not been made within ten (10) working days from the required time for payment. County shall submit monthly invoices to City which will include a reference to this Agreement, identify the dispatch services to be rendered and the amount due and payable to County. In addition to monthly invoices, the County shall submit invoices to the City for the replacement of any equipment that is lost, stolen, or destroyed beyond repair. This invoice amount will be based on the actual replacement cost. Invoices shall be itemized in sufficient detail for prepayment audit thereof. County shall supply any further documentation deemed necessary by City. Invoices received from County will be reviewed and approved by City's Fire Department, and then will be sent to City's Finance Department for final approval and payment. 5 3. Except as provided herein, all other terms and conditions of the Agreement are hereby confirmed and shall remain in full force and effect; provided, however, that in the event of any conflict, inconsistency, or incongruity between the provisions of this Second Amendment and the provisions of the Agreement, or the First Amendment, this Second Amendment shall control. 4. A copy of this Second Amendment shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. IN WITNESS WHEREOF, the undersigned parties have executed this Second Amendment on the day and year first above written. ATTEST: Dorothy H. Wilken, Clerk By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Warren H. Newell, Chair APPROVED AS TO TERMS AND CONDITIONS PALM BEACH GARDENS, FLORIDA, BY ITS COUNCIL By:_ Mayor C Exhibit 1 Items Qts. Unit Price Total Portables 25 $2,218.00 $55,450.00 Accessories 25 $161.00 $4,025.00 Programming 25 $25.00 $625.00 $0.00 Mobile /Single 13 $2,415.00 $31,395.00 Installation 13 $280.00 $3,640.00 Accessories .13 $380.89 $4,951.57 $0.00 Mobile /Dual 3 $3,280.00 $9,840.00 Installation 3 $490.00 $1,470.00 Accessories 3 $380.89 $1,142.67 $0.00 Mobile /Dash 12 $2,100.00 $25,200.00 Installation 12 $110.00 $1,320.00 $0.00 Control Stations 2 $2,755.00 $5,510.00 Programming 2 $25.00. $50.00 Grand Total $144,619.24 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 08/24/01 Meeting Date: 09/04/01 Subject/Agenda Item: "Character First" Recommendation /Motion: Approval of Resolution 134, 2001, endorsing the efforts of the International Association of Character Cities to establish a "Character Council' within the community. Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Manager None City Attorney [ ] Approved $ [ ] Approved w/ Current FY conditions Finance Director [ ] Denied N/A Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Other Paper: [ X ] Not Required [ ] Other None Resolution 134, 2001 Submitted by: City Attome A Facted parties [ ]Notified Budget Acct #: N/A [ ]None ed by: 02 r 7ana [ X ] Not required CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 134, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ENDORSING THE EFFORTS OF THE INTERNATIONAL ASSOCIATION OF CHARACTER CITIES TO ESTABLISH A DIVERSE "CHARACTER COUNCIIL" WITHIN THE COMMUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City recognizesthe importance of honorable character qualities and desires to make this City a place where families are strong, homes and streets are safe, education is effective, business in productive, neighbors care about one another, and citizens are free to make wise choices for their lives and families; and WHEREAS, the City recognizes that individuals are responsible fortheir actions and that daily decision should be based upon standards and universally- recognized character qualities including honesty, truthfulness, diligence, generosity, kindness, loyalty and courage; and WHEREAS, there is a need for positive role models among our young people and teaching positive character qualities to juveniles can produce a positive change in behavior and reduce juvenile crime and delinquency; and WHEREAS, our schools should be a safe atmosphere where character is strengthened and where learning is encouraged; and WHEREAS, the emphasis of positive character qualities in every sector of society can only occur as individuals commit themselves to exemplifying character in their personal lives and inspiring others to do the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby endorses the efforts of the International Association of Character Cities to establish a separate, diverse community -based "Character Council" to promote character within our community and act as a conduit among our schools, businesses, homes, houses of worship, government, media and community groups. -1- SECTION 3: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 08124/01 Meeting Date: 09104/01 Subject/Agenda Item First Public Hearing on Millage Rate, Budget and Ordinance 32, 2001, adopting the annual Budget Recommendation /Motion: Staff recommends adopting the tentative millage rate, tentative Budget and approving Ordinance 32, 2001 on first reading(see attached memorandum). Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Finance [ ) Approved Finance ,�% $ 0 [ ] Approved w/ ��(J Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ ] Other Memorandum Submitted by: \ IV Holly Luzader Assistant Financ ' Affected parties Budget Acct. #: Director tified [ ] None Approved by: City ana r [ X ] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: August 24, 2001 FROM: Holly Luzader, Assistant Finance Director THROUGH: Allan Owens, Finance Director SUBJECT: Ordinance 32, 2001 — Fiscal Year 2001 /2002 Annual Budget BACKGROUND The tentative millage rate and tentative budget adoption process at the first public hearing must follow a certain format to comply with Florida State Statutes. Below I will outline the process necessary for the City to meet these requirements. The figures below reflect the Budget as originally proposed which was advertised in the Notice of Proposed Taxes mailed by the County. DISCUSSION TENTATIVE MILLAGE RATE AND BUDGET ADOPTION PROCEDURE At the first Budget hearing, the City must adopt a tentative millage rate and tentative Budget. During this first budget hearing, the City Council shall first publicly announce the percentage increase or decrease in the millage rate over the rolled -back rate. The proposed millage rate (6.3685) is a 31.8% increase over the rolled -back rate (4.5350). This will be followed by a brief summary presentation of the Budget by the City Manager explaining the reasons for the tax increase. The City Council shall allow the public to comment on the proposed millage rate and tentative Budget. The City Council may then make changes, if any, to the tentative millage rate and tentative Budget, and announce the percentage the new, tentative millage rate (if revised) exceeds the rolled -back rate and adopt the tentative Budget. If there are no revisions, the proposed millage rate is 6.3685, an increase of 31.8% over the rolled -back rate. The proposed Budget calls for total expenditures of $43,529,785. There should be three formal motions: 1) A motion adopting the tentative millage rate, 2) A formal motion adopting the tentative Budget, and 3) A formal motion approving Ordinance 32, 2001 on first reading. RECOMMENDATION I recommend the City approve the following motions at the first Budget hearing: Motion for Millage (assuming no changes): 1) Consider a motion to adopt a tentative millage rate of 6.3685 mills, an increase of 31.8% over the rolled -back rate. 2) Consider a motion to adopt the tentative Fiscal Year 2001/2002 Budget in the amount of $43,529,785. 3) Consider a motion to approve Ordinance 32, 2001, on first reading. ORDINANCE 32, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AFFIXING A TOTAL VALUATION OF THE REAL AND PERSONAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, FLORIDA, FOR THE YEAR ENDING DECEMBER 31, 2001; ESTABLISHING A TAX RATE THEREON FOR SAID YEAR; LEVYING A TAX ON SAID REAL AND PERSONAL PROPERTY FOR SAID YEAR; ADOPTING A FISCAL BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2001 AND ENDING ON SEPTEMBER 30, 2002, INCLUSIVE; APPROPRIATING FUNDS FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. For the year ending December 31, 2001, the valuation of all real and personal property within the City of Palm Beach Gardens, Florida, excluding property owned by the City of Palm Beach Gardens, Florida, and those properties exempted by the Ordinances and Resolutions of the City of Palm Beach Gardens, Florida, is hereby determined to be and is fixed as set forth in Exhibit "1" attached hereto. SECTION 2. For the year ending December 31, 2001, a tax of 6.3685 Mills on each dollar valuation (representing the total of 5.9771 for current operations and .3914 for voted debt service) shall be and is hereby levied for the City of Palm Beach Gardens, Florida, and shall be collected on all real and personal property within the City of Palm Beach Gardens, Florida, except property owned by the City of Palm Beach Gardens, Florida, or expressly exempt by the Constitution or Statutes of the State of Florida, by ordinances of the County of Palm Beach, or by ordinances of the City of Palm Beach Gardens, Florida, for the purpose of raising fiends for ORDINANCE 32, 2001 PAGE 2 OF 3 the improvement and government of the City of Palm Beach Gardens, Florida, for the payment of the obligations and expenses of the City of Palm Beach Gardens, Florida, and for carrying out the purposes and duties required by the Charter and ordinances of the City of Palm Beach Gardens, Florida. SECTION 3. For the Fiscal year from October 1, 2001, through September 30, 2002, inclusive, the total expenditures of the City are estimated and set forth in Exhibit "2" attached hereto; the total revenues of the City are estimated and set forth in Exhibit "3" attached hereto; and the total authorized full time positions are estimated and set forth in Exhibit "4" attached hereto. SECTION 4. The total expenditures and total revenues of each fund shall be and are hereby adopted as the budget of the City of Palm Beach Gardens, Florida, for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive, and the various respective sums are hereby appropriated. SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF SEPTEMBER, 2001. PLACED ON SECOND READING THIS DAY OF SEPTEMBER, 2001. PASSED AND ADOPTED THIS THE DAY OF SEPTEMBER, 2001. ORDINANCE 32, 2001 PAGE 3 OF 3 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN ATTEST: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT CERTIFICATE OF TAXABLE VALUE Exhibit 1 DR-420 SECTION 1 2001 Year R.01/9E PALM BEACH County To Palm Beach Gardens (Name of Taxin Authority) (1) Current Year Taxable Value of Real Property for Operating Purposes $ 3,68,330,838 305,291,632 (2) Current Year Taxable Value of Personal Property for Operating Purposes $ (3) Current Year Taxable Value of Centrally Assessed for Operating Purposes $ 918,045 3,988,540,515 (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ 94,224,956 Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) $ 3,894,315,559 (6) Current Year Adjusted Taxable Value (4) - (5) — 3,714,269,542 (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR -403 Series) $ I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and official signature at West Palm Beach, Fl. , this the „29TH day of June nv Signatgre of Property Appraiser TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0 -. SECTION II (8) Prior Year Operating Millage Levy $ 4.7548 Per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ 17,660,609 (10) Current Year Rolled -Back Rate (9) / (6) $ 4.53497 Per $1,000 (11) Current Year Proposed Operating Millage Rate $ 5.9771 Per $1,000 (12) Check one (1) TYPE of Taxing Authority County ''Xx' Municipality F_ � Independent 1-1 Dependent Municipal Service F__] Multi- County Special District District Taxing Unit Water Management District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ .3914 Per $1,000 (15) Current Year OTHER VOTED MILLAGE DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR -420) (17) Total Prior Year Proceeds: (9) + (16) (18) The Current Year Aggregate Rolled -back Rate: (17)/(6) (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the - Principal Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) / (4) (22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled -back Rate; [(Line 21 / Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: September $ $ $ Per $1,000 17,660,609 $ 4.53497 Per $1,000 $ 1:8,087,912 $ 23,539,906 $ 5.9771 - Per $1,000 31 .80 % 4, 20.01, 7:00 p.m., 10500 N Militai Trail I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER, I certify that all millages comply with theprovisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official si ure at Palm Beach Gardens Florida, this the 24th dayof July City Manager 10500 N Military Trail Stature and tfKof Chief Administrative Officer Address of Physical Location 10500 N Military Trail Holly Luzader Mailing Address Name of Contact Person Palm Beach Gardens, FL 33410 561- 799 -4164 561- 799 -4190 City State Zip Phone Number Fax Number SEE INSTRUCTIONS ON REVERSE SIDE Cityof Palm Beach Gardens General Fund 2001/2002 Budget Exhibit 2 Page 1 of 2 1998/1999 1999/2000 2000/2001 2000/2001 2001/2002 2001/2002 Actual Actual Revised Estimate Submitted Request City Council Department Personal services 65,379 78,078 82,156 82,156 83,948 83,948 Operating expenses 22,229 52,901 27,800 27,800 110,100 110,100 Total City Council Department 87,608 130,979 109,956 109,956 194,048 194,048 Administration Department Personal services 605,489 664,349 890,974 890,974 1,051,709 1,051,709 Operating expenses 1,133,001 2,019,382 761,817 761,817 1,067,775 1,059,585 Capital outlay 65,577 86,655 52,050 52,050 108,200 108,200 Transfers 16,229 15,444 23,517 23,517 7,338 7,338 Total Administration Department 1,820,296 2,785,830 1,728,358 1,728,358 2,235,022 2,226,832 Human Resources Department Personal services 254,185 240,413 281,868 281,868 302,492 302,492 Operating expenses 112,594 154,630 160,099 160,099 363,760 347,110 Capital outlay - - - - - - Total Human Resources Department 366,779 395,043 441,967 441,967 666,252 649,602 Finance Department Personal services 313,234 332,617 357,485 357,485 429,833 429,833 Operating expenses 22,682 113,392 148,825 148,825 120,804 119,124 Capital outlay - 3,816 - - 800 800 Total Finance Department 335,916 449,825 506,310 506,310 551,437 549,757 General Services Department Personal services 29,682 22,819 30,000 30,000 31,000 31,000 Operating expenses 1,679,904 1,602,983 1,568,350 1,568,350 1,620,050 1,620,050 Debt service 1,077,641 1,372,025 1,486,293 1,486,293 1,483,161 1,483,161 Transfers 150,000 150,000 150,000 150,000 75,000 75,000 Total General Services Department 2,937,227 3,147,827 3,234,643 3,234,643 3,209,211 3,209,211 Police Department Personal services 6,528,375 7,317,112 7,770,926 7,770,926 8,307,774 8,307,774 Operating expenses 475,310 634,538 632,511 632,511 870,457 870,457 Capital outlay 128,438 221,795 11,600 11,600 134,500 34,500 Debt service 183,469 183,503 - - - - Transfers 770,222 712,168 643,607 643,607 882,580 882,580 Total Police Department 8,085,814 9,069,116 9,058,644 9,058,644 10,195,311 10,095,311 Fire Department Personal services 4,210,717 4,871,010 5,490,236 5,490,236 6,831,515 6,831,515 Operating expenses 599,020 781,593 774,219 759,219 910,231 900,231 Capital outlay 253,711 591,271 808,800 308,800 1,470,000 1,425,000 Debt service 19,133 - 107,505 107,505 107,505 107,505 Grants 15,000 10,000 5,000 5,000 10,000 10,000 Transfers 97,594 115,485 157,384 157,384 116,470 116,470 Total Fire Department 5,195,175 6,369,359 7,343,144 6,828,144 9,445,721 9,390,721 Exhibit 2 Page 1 of 2 Cityof Palm Beach Gardens Exhibit 2 General Fund Page 2 of 2 2.001/2002 Budget Total 1998/1999 1999/2000 2000/2001 2000/2001 2001/2002 2001/2002 Golf Course Fund Actual Actual Revised Estimate Submitted Request Personal services - - - - - 677,068 Growth Mangement Department 1,315,430 1,338,227 1,111,205 1,111,205 1,134,616 493,890 Personal services 1,045,414 1,213,211 1,415,791 1,256,081 1,622,194 1,886,737 Operating expenses 93,433 314,657 781,309 891,909 618,499 394,549 Capital outlay 902 2,796 - - 38,100 38,100 Transfers 62,803 50,587 103,588 79,803 53,437 53,437 Total Growth Management Department 1,202,552 1,581,251 2,300,688 2,227,793 2,332,230 2,372,823 Parks and Recreation Department 1,004,897 948,944 1,639,900 1,546,868 1,590,086 1,590,086 Personal services 1,582,741 1,628,056 1,744,666 1,744,666 1,989,481 1,989,481 Operating expenses 830,266 698,739 829,786 829,786 945,201 936,201 Capital outlay 1,011,785 1,148,705 341,900 341,900 94,400 94,400 Debt Service - 196,609 256,740 256,740 329,717 329,717 Transfers 69,883 64,454 80,302 80,302 108,826 108,826 Total Parks and Recreation Department 3,494,675 3,736,563 3,253,394 3,253,394 3,467,625 3,458,625 Public Works Department 5,264,630 Personal services 1,337,502 1,503,848 1,595,491 1,595,491 1,970,870 1,970,870 Operating expenses 736,853 653,281 1,608,807 908,807 1,516,559 1,411,059 Capital outlay 82,024 85,955 141,650 141,650 702,100 552,100 Debt service 14,237 - - - - - Transfers 114,156 104,708 138,394 138,394 133,061 133,061 Total Public Works Department 2,284,772 2,347,792 3,484,342 2,784,342 4,322,590 4,067,090 Total 25,810,814 30,013,585 31,461,446 30,173,551 36,619,447 36,214,020 Golf Course Fund Personal services - - - - - 677,068 Operating expenses 1,315,430 1,338,227 1,111,205 1,111,205 1,134,616 493,890 Capital outlay - 1,959 50,000 50,000 70,000 70,000 Debt service 738,752 742,195 745,535 745,535 568,643 568,643 Total Golf Course Fund $ 2,054,182 $ 2,082,381 $ 1,906,740 $ 1,906,740 $ 1,773,259 $ 1,809,601 Gas Tax Fund 685,204 577,376 690,000 690,000 690,000 690,000 Recreation Programs 910,152 1,011,389 1,163,393 1,163,393 1,281,976 1,281,976 Fleet Management Fund 1,004,897 948,944 1,639,900 1,546,868 1,590,086 1,590,086 Police Training Fund 140 4,441 16,048 16,048 27,305 27,305 Recreation Impact Fund 101,914 1,875 850,000 850,000 142,000 142,000 Police Impact Fund - 300,248 212,220 121,600 158,113 158,113 Fire Impact Fund 60,000 187,020 394,400 267,852 549,500 549,500 Art Impact Fund - 2,599 350,000 310,500 400,000 400,000 1996 Capital Projects Fund 2,628,463 - - - - - 1997 Capital Projects Fund 5,264,630 1998 Capital Projects Fund 4,595,115 - - 1999 Capital Projects Fund 2,036,510 1,764,201 29,386 2000 Capital Projects Fund - - - - - Total All Funds 45,152,021 36,894,059 38,684,147 37,075,938 43,231,686 42,862,601 City of Palm Beach Gardens Revenue Detail by Fund Account Title 1998/1999 Actual 1999/2000 Actual 2000/2001 Revised 2000/2001 Estimate 2001/2002 Submitted 2001/2002 Request General Fund 01- 313.2000 Telephone Franchise 91,698 96,343 98,000 129,000 Taxes - 01- 313.5000 Cable TV Franchise 249,053 269,933 275,000 01- 311.1000 General Obligation $ 1,077,641 $ 1,372,025 $ 1,486,293 $ 1,486,293 $ 1,483,161 $ 1,483,161 01- 311.2000 General Operating Revenue 11,857,457 13,361,826 17,006,000 16,955,000 22,556,047 22,790,914 01- 312.1000 Utility Tax -Electricity 01- 312.2000 Utility Tax - Gas 01- 312.3000 Utility Tax -Water 01- 313.1000 Electricity Franchise 2,370,806 2,308,349 2,600,000 2,575,000 2,650,000 2,650,000 01- 313.2000 Telephone Franchise 91,698 96,343 98,000 129,000 - - 01- 313.5000 Cable TV Franchise 249,053 269,933 275,000 300,000 - - 01- 313.6000 Solid Waste Franchise 47,643 49,005 50,000 50,000 50,000 50,000 Total Taxes 15,694,298 17,457,481 21,515,293 21,495,293 26,739,208 26,974,075 Licenses and Permits 01- 321.0000 Professional & Occupational 912,271 962,388 975,000 1,010,000 1,025,000 1,025,000 01- 322.0000 Building Permits 855,716 1,032,926 1,000,000 1,020,000 1,100,000 1,100,000 Total Licenses and Permits 1,767,987 1,995,314 1,975,000 2,030,000 2,125,000 2,125,000 Intergovernmental 01- 334.9000 Federal /State Grants - - 900,000 200,000 300,000 300,000 01- 334.9010 Police Grants 218,706 95,352 194,000 194,000 229,270 229,270 01- 334.9020 Recreation Grants - 100,000 262,500 50,000 250,000 250,000 01- 334.9030 Fire /EMS Grants - - - - 50,000 50,000 01- 335.1100 Cigarette Tax 80,179 70,021 - - - - 01- 335.1200 State Revenue Sharing 599,081 646,703 700,000 700,000 650,000 650,000 01- 335.1400 Mobile Home Licenses 17,496 17,708 17,000 17,000 17,000 17,000 01- 335.1500 Alcoholic Beverage Licenses 25,298 28,539 25,000 25,000 25,000 25,000 01- 335.1800 Half Cent Sales Tax 2,247,542 2,456,979 2,550,000 2,490,000 2,550,000 2,550,000 01- 315.0000 Telecommunications Tax - - - 410,000 410,000 01- 335.6500 Other state shared revenue 20,081 24,593 25,000 25,000 25,000 25,000 01- 337.9000 Grants from other local units - - 300,000 300,000 50,000 - 01- 338.2000 County Occupational Licenses 73,568 79,249 82,000 80,000 81,000 81,000 Total Intergovernmental 3,281,951 3,519,144 5,055,500 4,081,000 4,637,270 4,587,270 Charges for Services 01- 342.2100 Fire Inspection Fees 112,476 120,045 160,000 120,000 160,000 160,000 01- 342.6000 EMS Transport Fees 657,128 716,233 715,000 745,000 755,000 755,000 01- 342.8000 Engineering Fees - - - - 145,000 145,000 01- 342.9000 Police Training Fees - - - 01- 342.9100 False Alarm Fees 450 - - - - - 01- 347.2400 Swimming Pool Fees 12,894 16,633 13,000 14,000 14,000 14,000 01- 347.2600 Tennis Fees 43,078 42,861 45,000 55,000 47,000 47,000 01- 347.2700 Interim Service Fees 7,261 7,270 9,000 14,000 11,000 11,000 01- 347.2800 Application Filing Fees 94,406 145,453 235,000 180,000 180,000 180,000 01- 349.1000 Parkway Tree Sales 7,915 3,000 4,000 500 - - Total Charges for Services 935,608 1,051,495 1,181,000 1,128,500 1,312,000 1,312,000 01- 351.1000 Court Fines 269,434 249,381 300,000 300,000 300,000 300,000 01- 351.1020 Parking Fines 8,315 7,540 8,000 8,000 8,000 8,000 01- 351.1030 Code Enforcement Fines 25,655 13,430 2,000 8,000 2,000 2,000 Total Fines and Forfeitures 303,404 270,351 310,000 316,000 310,000 310,000 Exhibit 3 Page 1 of 4 City of Palm Beach Gardens Revenue Detail by Fund Exhibit 3 Page 2 of 4 1998/1999 1999/2000 2000/2001 2000/2001 2001/2002 2001/2002 Account Title Actual Actual Revised Estimate Submitted Request 01- 361.0000 Interest 563,697 688,467 550,000 550,000 500,000 500,000 01- 361.1000 Interest on Property Taxes - 32,000 37,000 35,000 35,000 Totallnterest 563,697 688,467 582,000 587,000 535,000 535,000 Miscellaneous 01- 369.0000 Other Miscellaneous Revenue 756,178 216,359 150,000 350,000 150,000 150,000 Transfers 01- 383.0000 Transfer In 142,618 170,331 256,225 256,225 220,675 220,675 Other sources 01- 383.1000 Loan Proceeds 1,149,933 3,000,000 - - - - Appropriated Fund Balance 01- 389.0000 Appropriated Fund Balance - - 01- 389.0000 Des. Appropriated Fund Balance Total Appropriated Fund Balance - - - - - - Total General Fund $ 24,595,674 $ 28,368,942 $ 31,025,018 $ 30,244,018 $ 36,029,153 $ 36,214,020 Golf Course Fund Charges for Services 09- 347.5010 Greens Fees $ 662,439 $ 542,388 $ 723,200 $ 565,000 $ 729,600 $ 700,601 09- 347.5020 Cart Fees 488,608 506,868 570,600 480,000 507,600 525,000 09- 347.5030 Driving Range 30,374 26,435 35,000 30,000 39,000 35,000 09- 347.5050 Pro Shop Sales 72,821 72,517 85,800 68,000 84,000 80,000 09- 347.5070 Prepaid Permits 110,839 104,823 126,400 124,700 150,000 125,000 09- 347.5080 Food Sales 99,439 87,612 108,900 104,000 107,000 90,000 09- 347.5090 Beverage Sales 61,373 60,410 71,900 72,000 73,000 70,000 Total Charges for Services 1,525,893 1,401,053 1,721,800 1,443,700 1,690,200 1,625,601 09- 361.0000 Interest 54,805 76,443 78,000 78,000 50,000 50,000 09- 369.0000 Miscellaneous Golf Revenue 12,752 10,504 10,000 10,000 7,751 59,000 09- 383.0000 Transfer In 149,299 150,000 150,000 150,000 75,000 75,000 Total Golf Course $ 1,742,749 $ 1,638,000 $ 1,959,800 $ 1,681,700 $ 1,822,951 $ 1,809,601 Gas Tax Fund 16- 312.3000 Local Option Gas Tax $ 566,198 $ 573,582 $ 590,000 $ 590,000 $ 600,000 $ 600,000 16- 331.9000 FEMA Grant 118,226 - - - - 16- 361.0000 Interest 27,490 35,463 10,000 33,000 25,000 25,000 16- 383.1000 Loan Proceeds - - - - - - 16- 389.0000 Appropriated Fund Balance - - 90,000 - 65,000 Total Gas Tax Fund $ 711,914 $ 609,045 $ 690,000 $ 623,000 $ 625,000 $ 690,000 Exhibit 3 Page 2 of 4 City of Palm Beach Gardens Exhibit 3 Page 3 of 4 Revenue Detail by Fund 1998/1999 1999/2000 2000/2001 2000/2001 2001/2002 2001/2002 Account Title Actual Actual Revised Estimate Submitted Request Recreational Programs Fund 14- 348.1001 Programs $ 346,294 $ 369,960 $ 426,400 $ 426,400 $ 399,742 $ 399,742 14- 348.1201 Sports 153,725 153,367 194,100 194,100 229,590 229,590 14- 348.1401 Aquatics 35,508 40,333 43,500 43,500 78,011 78,011 14- 348.1501 Special Interest 322,101 339,341 450,800 450,800 579,530 579,530 14- 348.1601 Special Events 28,210 20,967 47,400 47,400 24,287 24,287 Total Charges for Services 885,838 923,968 1,162,200 1,162,200 1,311,160 1,311,160 14- 361.0000 Interest 11,135 10,394 13,000 5,000 5,000 5,000 14- 369.0000 Miscellaneous Revenue 50 8,024 - - - - Total Recreational Programs Fund $ 897,023 $ 942,386 $ 1,175,200 $ 1,167,200 $ 1,316,160 $ 1,316,160 Fleet Management Fund 31- 361.0000 Interest $ 21,440 $ 35,369 $ 20,000 $ 20,000 $ 20,000 $ 20,000 31- 369.1000 Insurance proceeds 45,000 45,000 20,000 20,000 31- 381.0000 Transfers 1,130,887 1,062,846 1,307,752 1,307,752 1,301,712 1,301,712 31- 383.1000 Lease proceeds 251,832 251,832 31- 389.0000 Appropriated Fund Balance - - 36,966 - - 248,374 Total Fleet Management Fund $ 1,152,327 $ 1,098,215 $ 1,661,550 $ 1,624,584 $ 1,341,712 $ 1,590,086 Police Training Fund 02- 361.0000 Interest $ 861 $ 1,817 $ 600 $ 1,500 $ 1,000 $ 1,000 02- 351.1000 Fines and Forfeitures 14,748 13,434 15,000 15,000 16,000 16,000 02- 389.0000 Appropriated Fund Balance - - 448 - - 10,305 Total Police Training Fund $ 15,609 $ 15,251 $ 16,048 $ 16,500 $ 17,000 $ 27,305 Recreation Impact Fund 03- 361.0000 Interest $ 41,149 $ 60,733 $ 25,000 $ 65,000 $ 25,000 $ 25,000 03- 369.3200 Impact Fees 340,101 403,830 200,000 450,000 750,000 750,000 03- 389.0000 Appropriated Fund Balance - - 700,000 - - - Total Recreation Impact Fund $ 381,250 $ 464,563 $ 925,000 $ 515,000 $ 775,000 $ 775,000 Police Impact Fund 12- 361.0000 Interest $ 22,664 $ 22,380 $ 5,000 $ 16,000 $ 4,000 $ 4,000 12- 369.3200 Impact Fees 103,045 105,953 100,000 100,000 135,000 135,000 12- 389.0000 Appropriated Fund Balance - - 105,000 - - 19,113 Total Police Impact Fund $ 125,709 $ 128,333 $ 210,000 $ 116,000 $ 139,000 $ 158,113 Fire Impact Fund 13- 361.0000 Interest $ 16,889 $ 27,540 $ 15,000 $ 13,000 $ 2,000 $ 2,000 13- 369.3200 Impact Fees 197,318 183,045 15,000 235,000 260,000 260,000 13- 389.0000 Appropriated Fund Balance - - 364,400 - 287,500 Total Fire Impact Fund $ 214,207 $ 210,585 $ 394,400 $ 248,000 $ 262,000 $ 549,500 Art Impact Fund 17- 361.0000 Interest $ 21,888 $ 34,297 $ 12,000 $ 25,000 $ 2,000 $ 2,000 17- 369.3700 Impact Fees 122,565 148,156 100,000 65,000 100,000 100,000 17- 389.0000 Appropriated Fund Balance - - 238,000 - 298,000 Total Art Impact Fund $ 144,453 $ 182,453 $ 350,000 $ 90,000 $ 102,000 $ 400,000 City of Palm Beach Gardens Exhibit 3 Page 4 of 4 Revenue Detail by Fund Total All Funds $ 33,974,681 $ 33,730,143 $ 38,412,016 $ 36,331,002 $ 42,429,976 $ 43,529,785 1998/1999 1999/2000 2000/2001 2000/2001 2001/2002 2001/2002 Account Title Actual Actual Revised Estimate Submitted Request 1996 Capital Projects Fund 20- 361.0000 Interest $ 1,917 $ $ $ $ $ 20- 369.0000 Miscellaneous Revenue 900 20- 384.0000 Bond Proceeds - 20- 389.0000 Appropriated Fund Balance - Total 1996 Capital Projects Fund $ 2,817 $ $ $ $ $ 1997 Capital Projects Fund 21- 361.0000 Interest $ 81,692 $ $ $ $ $ 21- 384.0000 Bond Proceeds - 21- 389.0000 Appropriated Fund Balance - Total 1997 Capital Projects Fund $ 81,692 $ $ $ $ $ 1998 Capital Projects Fund 22- 361.0000 Interest $ 169,885 $ $ $ $ $ 22- 384.0000 Bond Proceeds - 22- 389.0000 Appropriated Fund Balance - Total 1998 Capital Projects Fund $ 169,885 $ $ $ $ $ 1999 Capital Projects Fund 23- 361.0000 Interest $ 10,982 $ 72,370 $ $ $ $ 23- 369.0000 Miscellaneous Revenue 10,944 - 23- 384.0000 Bond Proceeds 3,717,446 23- 389.0000 Appropriated Fund Balance - - Total 1999 Capital Projects Fund $ 3,739,372 $ 72,370 $ - $ $ $ 2000 Capital Projects Fund 24- 361.0000 Interest $ - $ - $ 5,000 $ 5,000 $ $ 24- 384.0000 Bond Proceeds - - 24- 389.0000 Appropriated Fund Balance - - Total 1999 Capital Projects Fund $ $ $ 5,000 $ 5,000 $ $ Total All Funds $ 33,974,681 $ 33,730,143 $ 38,412,016 $ 36,331,002 $ 42,429,976 $ 43,529,785 City of Palm Beach Gardens Page x1 loft 4 Authorized Full Time Positions Total All Funds 328 350 372 361 365 387 1998/1999 1999/2000 2000/2001 2000/2001 2001/2002 2001/2002 Actual Actual Budget Revised Submitted Request General Fund Administration Department 13 13 16 15 15 16 Human Resources Department 5 6 6 6 6 5 Finance Department 6 6 6 6 6 7 Police Department 120 123 129 127 115 122 Fire Rescue Department 77 94 95 89 98 99 Growth Management Department 22 23 27 26 32 32 Parks and Recreation Department 36 36 40 39 40 40 Public Works Department 40 42 44 44 44 44 Total General Fund 319 343 363 352 356 365 Fleet Management Fund Public Works Department 9 7 9 9 9 9 Total Fleet Management Fund 9 7 9 9 9 9 Golf Course Fund Golf Course Department - - - - - 13 Total Fleet Management Fund - - - - - 13 Total All Funds 328 350 372 361 365 387 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: August 24, 2001 FROM: Holly Luzader, Assistant Finance Director THROUGH: Allan Owens, Finance Director SUBJECT: Ordinance 32, 2001 — Fiscal Year 2001 /2002 Annual Budget BACKGROUND The tentative millage rate and tentative budget adoption process at the first public hearing must follow a certain format to comply with Florida State Statutes. Below I will outline the process necessary for the City to meet these requirements. The figures below reflect the Budget as originally proposed which was advertised in the Notice of Proposed Taxes mailed by the County. The Palm Beach Post had written an article on July 17, 2001, which said the tax increase was 29.2 %. The total proposed millage (6.3685) is 23.07% higher than the current total millage (5.1748); the proposed rate is 31.8% over rollback. DISCUSSION TENTATIVE MILEAGE RATE AND BUDGET ADOPTION PROCEDURE At the first Budget hearing, the City must adopt a tentative millage rate and tentative Budget. During this first budget hearing, the City Council shall first publicly announce General fund expenditures are the only expenditures which effects the millage rate of the City. The expenditures in the other funds are funded through restricted revenue sources such as Fire and Police Impact fees. The proposed budget includes expenditures from these other funds. Recreation Programs Fund Revenues generated from Parks and Recreation programs fund the expenditures related to offering recreational programs to our residents. This fund will contribute $170,000 to the general fund to cover administrative expenses related to program delivery. Police Training Fund Revenues generated from a special fee assessed on each traffic fine are used to fund training and education for Police Officers. Most of the training for sworn officers is funded through this special revenue fund. Golf Course Fund The revenues generated from the golf course fund the expenditures related to operating the golf course. The general fund will transfer $75,000 into the golf course fund. This is $75,000 less than the current year. Fleet Management Fund The Fleet Management Fund is funded through transfers from the general fund. Each department contributes the amount needed to run and maintain their vehicles. Money is also transfer to fund future replacements on vehicles currently in service. Gas Tax Fund The City receives money from the state for a portion of a 12 -cent gas tax assessed in Palm Beach County. These funds will be used for the sidewalk linkage plan, pavement replacement and street lighting. These monies may only be used for expenses directly related to City roadways. Fire Impact Fund The major items being funded from the Fire Impact fees are two additional rescue units, appliances and a generator for Station 3, and a portion of the construction of Station 3. Police Impact Fund The Police Impact Fees will fund radios and mobile data terminals for new vehicles. Recreation Impact Fund Recreation Impact fees will fund the equipment needed for the Mirasol park. Art Impact Fund Art impact fees will fund the purchase of artwork at the municipal complex. There should be three formal motions: 1) A motion adopting the tentative millage rate, 2) A formal motion adopting the tentative Budget, and 3) A formal motion approving Ordinance 32, 2001 on first reading. RECOMMENDATION I recommend the City approve the following motions at the first Budget hearing: Motion for Millage (assuming no changes): 1) Consider a motion to adopt a tentative millage rate of 6.3685 mills, an increase of 31.8% over the rolled -back rate. 2) Consider a motion to adopt the tentative Fiscal Year 2001/2002 Budget in the amount of $43,529,785. 3) Consider a motion to approve Ordinance 32, 2001, on first reading. Budget Considerations Fiscal Year 2001 - 2002 c, CITY OF ' 1 MEMORANDUM TO: Mayor and Council DATE: August 29, 2001 APPROVED: Ron Ferris, City Manageg' FROM: Sheryl Stewart, Assistant to ity Manager ,,Uuy Auxvu� SUBJECT: Budget considerations for FY 2001 -2002 At the Council budget workshop on July 5, 2001, Council directed staff to analyze fleet maintenance, tree trimming and janitorial services regarding whether those functions could be privatized. Council also directed staff to analyze whether to lease or purchase computer workstations. In the section of this booklet labeled Tab I you will find information about these issues. Staff expanded this portion of the report to include potential cost savings and improvements in service delivery in other departments. In addition, staff has performed an analysis of the organizational structure with the City Manager's recommendations, which you will find in the section of the booklet labeled Tab 2 for your consideration. • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council DATE: August 29, 2001 APPROVED: Ron Ferris, City Manager FROM: Sheryl Stewart, Assistant to City Manager SUBJECT: Budget analysis regarding outsourcing Background and Introduction In an effort to identify potential cost savings and increase efficiencies in the operation and administration of City services, staff has begun the process of organizational and budgetary analysis. Current plans for this analysis include the following tasks: ➢ Implement a reorganization of departments for increased efficiency, effectiveness and productivity in service delivery; ➢ Conduct a work performance study of all departments' operations and services, including but not limited to making recommendations about the following if or when appropriate: ••• Outsourcing certain functions, for example, fleet maintenance, tree trimming • and janitorial services;' ❖ Bringing in certain functions, for example, legal services; ❖ Consolidation and centralization of certain functions. ➢ Conduct a thorough analysis of the information technology systems of the City, including the question of whether to lease or purchase computer workstations. To perform these tasks in a professional, comprehensive and complete manner, staff will need time to gather accurate information, establish a baseline of performance measurements, and develop accurate specifications that can be used to draw accurate comparisons with alternative methods of operation. Staff recommends continuing with current operations and making the organizational changes that will provide us with the necessary resources to collect data during the upcoming fiscal year. Our goal is to study the alternatives for improvements in our operations and methods of service delivery, including outsourcing. Staff has started to gather information and create plans that are outlined on the following pages, FLEET MAINTENANCE, TREE TRIMMING AND JANITORIAL SERVICES • To begin a professional analysis of fleet maintenance, tree trimming and janitorial services, accurate historical data is needed. While some data exists, staff cannot verify its accuracy due to the limited quantity and quality of verifiable documentation available at this time. Stars goal will be to collect updated information that can be recorded, tracked and developed over the next fiscal year. Each of these functions will undergo a thorough examination and documentation of what tasks are actually performed, by whom, at what costs and frequency. This baseline information will be used to determine accurate levels of service and develop comprehensive specifications. Staff will then use that information to determine if and/or when we should solicit bid prices of true market costs using a results - oriented approach (i.e., this is what we want our service to look like) in each of these areas. Some factors staff will need to consider in each area may increase the time it takes to analyze. Attached are draft work plans for each area that will be reviewed. Fleet maintenance has been operating as an enterprise fund since fiscal year 1998 -1999. An integral part of the analysis will be to establish a complete fleet inventory including vehicles and equipment. In regards to janitorial services, one of the major changes has been the new City Hall complex that recently opened. A full review of grounds maintenance and facilities maintenance, including functions such as janitorial and tree trimming services should reveal potential savings from a consolidation and standardization of functions that historically have been performed separately within the Public Works and Parks and Recreation departments. • • DRAFT FLEET MAINTENANCE Force Account Services vs. Contractual Services Evaluation Based on Council request, Public Works will evaluate the fleet maintenance operational costs in relation to current force account activities, as compared to, contractual fees to provide the same level of service for maintenance of the City's fleet, which will include small engine repairs. Evaluation Points: ❖ Force account Fleet Maintenance services • Determine operational status of existing fleet software (D.P. Solutions) and hardware. • Determine if software upgrades, are required with costs. • Determine assignment of personnel to provide data entry, cost tracking. • Determine financial reporting elements required by Finance Department. • Establish monthly revenue / expense comparison. • Establish and verify complete fleet inventory. • Establish life cycle costing for City fleet. • Determine fleet technician efficiency rates. • Establish hourly fee schedule based on equipment history. • Determine level of service to provide with specific performance sheets. • Evaluate and establish hourly repair costs, i.e., sedans and light trucks, medium and heavy trucks, equipment rate. • Define and project annual operation costs for Fleet operation. ❖ Contractual Fleet Maintenance Services • Use predetermined fleet inventories listing. • Determine level of Management for oversight contract administration. • Incorporate level of service element into documents to obtain scaled bids for contract fleet services. • Evaluate sealed bids. Provide costs comparison for force accounts vs. contractual services performance and provide Department recommendation. 0 DRAFT TREE TRIMMING OPERATIONS Contract Services vs Force Account Services Evaluation Work Plan Analysis Based on Council request Public Works will evaluate the tree trimming operational costs in relation to current force account activities, as compared to, contractual fees to provide the same level of service and response times. Evaluation points: •'• Force account • Personnel assigned: costs with benefits • Equipment allocated: costs with replacement schedule • Annual amortization • Level of service provided, i.e., number of trees trimmed and removed, number of stumps ground, debris disposal costs. • Response time for emergencies. • Annual cost / hour for services rendered. • Additional benefits hurricane assignments for personnel. ❖ Contractual Services • Establish level of service required with definitive response time. • Assemble documents to obtain sealed bids for contractual tree trimming services for 40 hour week availability and emergency response costs for after hour emergencies. • Determine annual cost / hour for services rendered. Evaluate costs comparison and provide Department recommendation. • DRAFT JANITORIAL, SERVICES Force Account Services vs. Contract Services Evaluation Work Plan Analysis Based on Council request, Public Works will evaluate the performance of janitorial servicesin relation to current force account activities, as compared to, contractual fees to provide the same level of service for designated facilities. Evaluation Points: •'• Force account services • Personnel assigned: with costs of benefits. • Equipment allocated • Materials and supplies costs. • Level of service provided. • Additional benefits — Hurricane assignment of personnel. 0 ❖ Contractual services • Establish level of services required • Execute documents to obtain sealed bids for contractual janitorial services at City Hall, Police Department and Public Works. • Determine annual costs for services rendered. Provide costs comparison and provide Department recommendation. • 0 I LEGAL SERVICES During the earlier stages of budget preparation, staff analyzed the following information regarding legal costs over the past four fiscal years: FISCAL YEAR BUDGET ACTUAL 1996/1997 275,000 362,922 1997/1998 325,000 379,362 1998/1999 325,000 420,467 1999/2000 325,000 503,080 TOTAL 1,665,831 4 year averse 416,458 3 year averse 434,303 Proposed 2001/2002 381,023 Proposed 2002/2003 549,041 Proposed 2003/2004 1 520,677 TOTAL 11,450,741 The projected actual costs above for proposed fiscal years 2001 -2002 through 2003 -2004 are based on the assumption that in -house legal services would be phased in over those years. The average annual cost for the three fiscal years of 1997 -1998 through 1999- 2000 is $434,303. This cost is higher than the first year 2001 -2002 legal estimate of $381,023 only because this would be the first year of phasing in -house legal services by hiring an attorney to handle more of the routine municipal matters. One issue to consider is the operational overhead costs to fully have legal services in- house, including for example legal resource materials, special computer research systems and support staff. Another factor to consider is the continued need to use specialized attorneys, and the costs for such use. Even if this operation was brought in- house, due to the complexity of areas such as the environment, planning, labor and litigation, we anticipate the continued need for utilizing attorneys outside of the organization. Staff has contacted several municipalities in the area, including the Town of Jupiter, and none provide in -house legal services. The Village of Wellington is one of the most recent examples of a municipality that has phased in legal services, with currently one attorney and one legal assistant. Last fiscal year, this municipality spent approximately $1,000,000 on legal fees, $300,000 for in -house and $700,000 for outside attorneys. Based on current expenditures to date, staff indicates they will spend approximately $500,000 this fiscal year on outside attorneys, and may need to add a second in -house attorney. • Based on the financial information, staff projections do not indicate that there would be cost savings or greater efficiencies realized by establishing in -house legal operations at this time. Unlike the recent analysis of engineering, there are no potential revenues that could be collected to offset legal costs. While staff would have more access to an in- house attorney that could assist with routine issues, as we continue to grow staff would continue to need specialized attorneys. As indicated above, the analysis must factor in the projected cost for such outside attorneys in order to do an accurate comparison. Currently, however, it appears that an in -house attorney would not be economically feasible. • INFORMATIONSERVICES. LEASING VS. PURCHASING COMPUTERS Historically, most governments have treated the purchase of personal computer workstations as capital acquisitions, with the expectation of seeing value from the purchase over time. The rapid pace of technological changes, however, has rendered personal computers (PCs) obsolete after an increasingly short period of time and often fosters higher costs of ownership in terms of repairs and upgrades, for example. From the research found by staff so far, it appears that the trend toward leasing has increased among municipalities as a way to keep PC costs under control because it shifts the investment from a one -time expense to an ongoing operational expense. It can be the most flexible way to manage, keep up with newer and faster equipment and reduce the total cost of ownership of such technology. With leasing, an organization is forced to standardize computer purchases around a limited number of models and software packages. Standardization simplifies network administration and saves money by reducing the costs of planning, acquisition, installation, technical support, upgrades and training. Leasing also provides a solution to the problem of what to do with obsolete or inadequate PCs because they could be returned to the vendor at the end of the lease. Staff has also found that there are several reasons not to lease, such as the following: ➢ Lack of a formal written plan for information technology for the organization ➢ Lack of an in -house asset management program for information systems ➢ Risks of signing a multi -year contract committing to one type of technology or vendor ➢ Lack of in -house negotiation and contract management skills The City currently follows the industry standard approach for replacing PC hardware, which is to purchase every 24 to 36 months. This standard, however, may not be an appropriate or desirable cycle for the City to follow. Before the decision on whether to lease or purchase can be made, staff recommends taking the time over the upcoming fiscal year to collect data and do a thorough analysis of what we have and what we need in terms of technology. This will vary in each department. The goal is to establish a strategic plan that formalizes our vision and priorities for the organization regarding information technology and its support. As with the areas of Parks and Recreation and Public Works, the approach will be to use this information as a baseline of performance measurement to evaluate alternative methods of service delivery. Staff has begun this process by creating an Information Technology Action Committee, a cross functional team of representatives from each department that is conducting an assessment of employees' computing needs, both current and future. Currently, there are approximately 150 PC users within our organization. We have some information regarding the hardware and software on PCs. However, we need to create a documented inventory for each workstation including when the PC was purchased, what capacity it • • 0 has for the function that it is being used for, and input from department managers regarding what is needed to improve productivity in various jobs. In an effort to take an initial look at this question, staff calculated several cost comparisons between leasing and buying a computer workstation. The attached comparisons demonstrate that when taking only price into consideration, leasing may not be cost effective. There are various types of leases to consider depending on our approach to technology. The chart below outlines a comparison of leasing options. However, the economics are only part of a cost benefits analysis that staff needs to consider. The analysis must include the following: ➢ Functional value ➢ Equipment life cycle ➢ Asset management ➢ Contract management costs ➢ Maintenance costs ➢ Staff costs ➢ Equipment disposal costs Fair Market Value 10% Purchase Plan $1 Purchase Plan Plan Technology We need the latest, We look for long life We expect at least approach cutting -edge cycles and smooth five years of useful technology now and transitions from one life out of our PCs. most likely again in type to another. about two years. End of lease Upgrade technology Upgrade technology Purchase equipment options and return old and return old for $1 per unit and systems to leasing systems to leasing upgrade technology company; company; by leasing new extend lease for a extend lease for a systems. fixed period; or fixed period; or purchase systems at purchase equipment Fair Market Value. at 10% of original cost. Purchase Price Based on end -of- 10% of original cost. $1 lease Fair Market Value of equipment. Functional Maximum flexibility Excellent flexibility Cost effective path implications for planned and to own or upgrade at toward long term frequent upgrades. I the end of the lease. ownership. However, the economics are only part of a cost benefits analysis that staff needs to consider. The analysis must include the following: ➢ Functional value ➢ Equipment life cycle ➢ Asset management ➢ Contract management costs ➢ Maintenance costs ➢ Staff costs ➢ Equipment disposal costs The potential savings and efficiencies come from improvements in the information technology life cycle management process, and depend upon our needs, priorities and approach. In one area of the organization, purchasing may provide greater functionality and efficiency to the users, while in another area, leasing may allow the City to leverage resources and budgets more effectively. A determination needs to be made regarding what functions require the latest technology, and what functions do not. Another consideration is whether recycling PCs is an option, by rotating older equipment to a workstation used primarily for word processing. There may also be opportunities for integrating the workflow of many areas of the City operations and administration, such as within Growth Management and between Human Resources and Finance. These issues may also impact the approach to technology, and decisions regarding whether to lease or purchase equipment. In conclusion, we need the appropriate staff resources and time to adequately research and address the issues outlined above, as well as to determine future plans for improvement based a comprehensive analysis of the entire organization's information technology architecture. Should you have any questions, please advise. Attachments • F-1 L—A • • as f �tIL CITY OF PALM BEACH GARDENS MEMORANDUM TO: Sheryl Stewart, Assistant to City Manager DATE: June 28, 2001 APPROVED: FROM: Holmer Gamroth, IS Manage SUBJECT: Lease vs. Buy for Computer Workstations - Recommendation Generally, the main advantage of leasing is the fact that interest and leasing costs are tax deductible. Since the City is a government entity, that does not pay income tax these potential savings do not apply. Assumptions: - Current 'standard' workstation (hardware) - Equipment replacement/life cycle: 3 Years - Interest rate: 13 -15% APR Length of Term ( Equiment post ( Rate 0.03330 Factor I Monthly ment 36 months $626.00 54.15 (Data based on a quote received from DELL Computers.) Analysis: Based on the above data the Finance Department provided the following analysis: For a three -year lease, we would spend a total of $1949.40 in lease payments compared to $1626 to purchase outright. Even if we earned interest on the $1626 we did not pay upfront by leasing (discounting the cash flows), it would only generate an additional $92.35 in income. Thus we would still pay $231.05 more by leasing over the three -year period. Conclusion: Based on the above leasing of workstations is not cost effective and thus not recommended. El CITY OF PALM BEACH GARDENS MEMORANDUM TO: Sheryl Stewart APPROVED: FROM: Chuck Miserendino SUBJECT: Lease vs. Purchase DATE: 7 -25 -2001 After speaking to a Dell representative, I've gotten quotes on a standard workstation (see below). I also have a sample of Dell's leasing agreement. (enclosed) QUOTE SCHEDULE Lessee: PALM BEACH GARDENS, CITY OF FLORIDA Equipment: 1 DELL DIMENSION Quote Date: June 25, 2001 FMV Purchase Option * Length of Term Equipment Cost Rate Factor Monthly Payment Total 24 months $1,277.00 .04960 $63.34 $1520.16 36 months $1,277.00 .03570 $45.59 $1641.24 Note: In addition to the Lease End Options specified on the cover letter, the Lessee has the option to purchase the equipment for an amount not to exceed the then Fair Market Value of the equipment upon the expiration of said lease. $1 Purchase Option * Length of Term Equipment Cost Rate Factor Monthly Payment Total 24 months $1,277.00 .05360 $68.45 $1642.80 36 months $1,277.00 .03870 $49.42 $1779.12 Note: In addition to the Lease End Options specified on the cover letter, the Lessee has the option to purchase the equipment for one dollar ($1.00) upon the expiration of said lease. *All Payments Net of Applicable Tax Revision: 04/01/01 Page 1 of 1 Reference: 11041276 107 As you can see, we would be paying $365.80 more for a 24 month lease, and $502.12 more for a 36 month lease, with the $1 purchase option. We would be paying $243.18 more for a 24 month lease, and $ 364.24 more for a 36 month lease, with the Fair Market Value purchase option. The fair market value is based on the book "Orion's Computer Blue Book." Although there is a charge for the book or looking up the value online, I was able to find a couple of examples; see below: • Compaq's Presario 5900Z -650, which came with an Athlon -650 microprocessor, would have set you back $2,769 in 1999. Today, its retail value is $1,665. Wholesale, its average worth is $682. • The Dell Dimension XPS T500, a Pentium III machine that sold for $1,280 last year, is worth $787 retail, $272 wholesale. These were quotes from an article published April, 2000. As you can see, the difference in price paid for a lease with the $1 purchase option would be about the same as the fair market value, so the fair market value lease would be far more expensive in the long run if we kept the machines. CM/cm C • ELL MARKETING, L.P. essee: SAMPLE Municipal Lease Agreement AJI&ASE AGREEMENT; PAYMENTS: We agree to lease to you and you agree to lease from us the equipment ( "Equipment') Telow or identified in any attached equipment schedule ( "Equipment Schedule "). You promise to pay us the lease payments rd,ing to the terms of the Equipment Schedule. . GENERAL TERMS; EFFECTIVENESS. You agree to all the terms and conditions on this Lease. This Lease is a complete and xclusive statement of our agreement. The Equipment will not be used for personal, family or household purposes. If the quipment cost varies from the estimate, you agree that we may adjust the Lease payment and /or (Puchase) Option Price :;cordingly upward or downward up to twenty percent (20 %). You acknowledge receipt of a copy of this Lease and acknowledge iat you have selected the Equipment and reviewed the supply contract under which we will obtain the Equipment. THIS LEASE 3 NOT BINDING ON US AND WILL NOT COMMENCE UNTIL WE ACCEPT IT BY SIGNING BELOW. You appoint us as your ttorney -in -fact to execute, deliver and record financing statements on our behalf to show our interest in the Equipment. You gree that we are authorized without notice to you to supply missing information or correct obvious errors in this Lease. Any acurity deposit you have given us may be used by us to cover any costs or losses we may suffer due to your default of this Lease. . LATE /OTHER CHARGES: If any payment is not made when due, you agree to pay a late charge at the rate of 15% of such late ayment, and each month thereafter, a finance charge of one and three - quarter percent (1 3/4 %) on any unpaid balance. . EQUIPMENT OWNERSHIP: We are and shall remain the sole owner of the Equipment. You agree to keep the Equipment free om liens and encumbrances. . NO WARRANTIES: We are leasing the Equipment to you "AS IS ", WITH NO WARRANTIES, EXPRESS OR IMPLIED, JCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We assign to you for the arm of this Lease any transferable manufacturer or supplier warranties. We are not liable to you for any breach of those iarranties. You agree that upon your acceptance of the Equipment, you will have no set -offs or counter - claims against us. MAINTENANCE; USE; INSTALLATION: You are responsible for installation and maintenance of, and for any damage to, the :quipment. You must maintain and use the Equipment in compliance with all laws and regulations. If the Equipment malfunctions, aged, lost or stolen, you agree to continue to make all payments due under this Lease. EQUIPMENT LOCATION: You will keep the Equipment only at the address shown above and you will not move it from that ddress unless you get our prior written consent. INSURANCE: Until this Lease is paid in full and the Equipment has been returned to us, you certify that you are self insured or ou will: 1) keep the Equipment insured for its full replacement value against all types of loss, including theft, and name us as loss ,ayee; and, 2) provide and maintain an acceptable general public liability insurance policy. If you do not provide us with acceptable !vidence of insurance, we may, but will have no obligation to, obtain insurance for you and add a charge to your monthly payments ihich will include the premium cost and related costs. i. LIABILITY: WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES TO YOU OR ANY THIRD PARTIES CAUSED W THE EQUIPMENT OR ITS USE. You agree to reimburse us for and to defend us against any claims for losses or injuries :aused by the Equipment and any costs or attorney fees relative to those claims. 0. TAXES /PERSONAL PROPERTY TAX FEES: You agree to pay us all personal property tax assessed against the Equipment >r at our sole election we may opt to charge you a liquidated monthly personal property tax fee. We will advise you in writing of our personal property tax fee. You agree to reimburse us for applicable sales and /or use tax and all other taxes, fees, fines and )enalties which may be imposed, levied or assessed by any federal, state or local government or agency which relate to this _ease, the Equipment or its use. LESSEE SIGN HERE: SAMPLE DATE: SAMPLE Reference ID: SAMPLE 1. ASSIGNMENT: YOU MAY NOT SELL, PLEDGE, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS LEASE. Ve may sell, assign or transfer this Lease and /or the Equipment. The new owner will have the same rights that we have, but you gree you will not assert against the new owner any claims, defenses or set offs that you may have against us or any supplier. 'ou agree that any assignment will not materially affect your right and benefits under this Lease. FAULT /DAMAGES: If you fail to make any Lease payment when due or otherwise default on this Lease, we may accelerate le remaining balance due on the Lease and demand the immediate return of the Equipment to us. If you do not return the :quipment to us within ten (10) days of our notice of your default, you will also pay a liquidated Equipment charge equal to the nticipated lease -end residual value of the Equipment. We may also use any remedies available to us under the Uniform ;ommercial Code or any other applicable law. You agree to pay our attorney's fees at 25% of the amount you owe, plus all actual osts, including all costs of any Equipment repossession. You agree that we have no duty to mitigate any damages to us caused ,y your default. You waive any notice of our repossession or disposition of the Equipment. By repossessing any Equipment, we !o not waive our right to collect the balance due on the Lease. We will not be responsible to you for any consequential or icidental damages. Our delay or failure to enforce our rights under this Lease will not prevent us from doing so at a later time. 3. FINANCE LEASE; AMENDMENTS: THIS LEASE IS A "FINANCE LEASE" UNDER THE UNIFORM COMMERCIAL CODE "UCC "). THIS LEASE MAY NOT BE AMENDED EXCEPT BY A WRITING WHICH WE HAVE SIGNED. YOU WAIVE ANY AND \LL RIGHTS AND REMEDIES YOU MAY HAVE UNDER UCC 2A -508 THROUGH 2A -522, INCLUDING ANY RIGHT TO: (A) ;ANCEL THIS LEASE; (B) REJECT TENDER OF THE EQUIPMENT; (C) REVOKE ACCEPTANCE OF THE EQUIPMENT; (D) RECOVER DAMAGES FOR ANY BREACH OF WARRANTY; AND (E) MAKE DEDUCTIONS OR SET -OFFS, FOR ANY REASON, FROM AMOUNTS DUE US UNDER THIS LEASE. IF ANY PART OF THIS LEASE IS INCONSISTENT WITH UCC 2A, HE TERMS OF THIS LEASE WILL GOVERN. 4. EQUIPMENT RETURN. At the end of the Lease term, you will immediately crate, insure and ship the Equipment, in good vorking condition, to us by means we designate, with all expenses to be prepaid by you. If you fail to return the Equipment to us 3s agreed, you shall pay to us 1.5 times the regular lease payment until the Equipment is returned. You will be responsible for any iamage to the Equipment during shipping. 5. WARRANTIES. You represent and warrant to us that: (a) you are a duly organized public body corporate and politic with full )ower and authority to enter into and perform your obligations under this Lease; (b) all necessary actions of your governing body lave been taken and all necessary procedures have been complied with to give full effect to the execution, delivery and emance of this Lease; (c) this Lease is valid, binding and enforceable according to its terms; (d) you have, in accordance with licable laws, budgeted and appropriated sufficient funds to make all lease payments and meet all of your other obligations or the current fiscal year and such funds have not been expended for other purpose; (e) you will do all things lawfully within your )ower to obtain and maintain funds for payment of the lease payments (including providing for such payments in each budget or appropriation request submitted and adopted), to have such portions of budgets or appropriation requests approved, and to exhaust all available reviews and appeals in the event such portion of any budget or appropriation request is not approved; (f) you lave complied with all public bidding requirements applicable to this Lease and the acquisition of the Equipment; (g) you have xovided financial information and other statements to us which are accurate and correct, (h) upon our request, you will annually >rovide current financial statements, budgets, proofs of appropriation and other financial information relating to your ability to ;ontinue this Lease, (i) the Equipment will be used only by you and only to perform essential governmental or proprietary functions .onsistent with the permissible scope of your authority. The person executing this Lease warrants that he or she possess the equisite and necessary authority and authorization to execute same on your behalf. 16. NON - APPROPRIATION. If you (a) are not allotted funds for the next fiscal year to continue leasing the Equipment; (b) have no unds for the purchase, lease or rental of equipment performing similar functions to those performed by the Equipment; and (c) lave no funds from any other sources (collectively, a "Non- appropriation "), then you may terminate this Lease at the end of the hen - current fiscal year, and you will not, in the sole event of Non - appropriation, be obligated to make payments beyond the end of he then - current fiscal year, except that you will be obligated, to return the Equipment to us at your sole expense. In the event of Jon - appropriation, you will furnish to us upon request an opinion of your counsel which explains the basis of the Non - ippropriation, together with appropriate documentation evidencing theNon- appropriation. If, within one (1) year after termination or Non - appropriation, you appropriate funds to purchase, lease or rent equipment performing functions similar to those performed )y the Equipment, then it will be conclusively deemed that monies have been appropriated for the continuance of the Lease and, at )ur sole option, this Lease may be automatically reinstated. 0 LESSEE SIGN HERE:SAMPLE DATE: SAMPLE Reference ID: SAMPLE 7. NON - SUBSTITUTION. To the extent permitted by law, you agree that if this Lease is terminated for Non - appropriation, you will -3t purchase, lease or rent equipment performing functions similar to those performed by the Equipment for a period of one (1) :ar after termination date. This Section shall remain in full force and effect notwithstanding any termination of this Lease. NEWAL. After the original Lease term expires, this Lease will automatically renew for successive one (1) month terms iless you send us written notice that you do not want it to renew at least sixty (60) days before the end of any term. 0. CHOICE OF LAW; JURISDICTION; VENUE; NON -JURY TRIAL: You and any Guarantor agree that this Lease will be deemed illy executed and perform in the State of Michigan and will be governed by Michigan Law. You and any Guarantor expressly gree to: (a) BE SUBJECT TO THE PERSONAL JURIDICTION OF THE STATE OF MICHIGAN; (b) ACCEPT VENUE IN ANY EDERAL OR STATE COURT IN MICHIGAN, AND (c) WAIVE ANY RIGHT TO A TRIAL BY JURY. Any Lease charges which xceed the amount allowed by law shall be reduced to the maximum allowed. 0. SAVINGS. If any provision of this Lease is unenforceable, invalid or illegal, the remaining provisions will continue to be ffective. You will not be required to pay and we will not be permitted to collect any amount in excess of the maximum amount of Merest permitted by law ( "Excess Interest "). If any Excess Interest is provided for or determined to have been provided for under. its Lease, then : (A) this subsection shall govern and control; (B) you will not be obligated to pay any Excess Interest; (C) any xcess Interest that we may have received hereunder shall be, at the our option (1) applied as a credit against the outstanding :ase payment obligations (not to exceed the maximum amount permitted by law), (2) refunded to you, or (3) any combination of le foregoing; (D) any interest rate(s) provided for herein shall be automatically reduced to the maximum lawful rate allowed under pplicable law, and this Lease shall be deemed to have been, and shall be, reformed and modified to reflect such reduction; and _) you will not have any action against us for any damages arising out of the payment or collection of any Excess Interest. 1. FAX LEASE. If you transmit this Lease to us by fax, the fax version of this Lease, as received by us, shall constitute the riginal Lease and shall be binding on you as if it were manually signed. We may treat and rely upon any fax version of this Lease s the signed original. However, no fax version of this Lease shall become effective and binding against us until manually signed y us in our Michigan offices. If you elect to sign and transmit this Lease by fax, you waive notice of our acceptance of this Lease, nd waive receipt of a copy of the accepted Lease. RTANT: NEITHER THE SUPPLIER NOR ANY SALESPERSON ARE THE LESSOR'S AGENT. STATEMENTS WILL NOT AFFECT THE RIGHTS OR OBLIGATIONS PROVIDED IN THIS LEASE. HIS LEASE MAY NOT BE CANCELLED. Accepted in Troy, Michigan, on SAMPLE (Lessee) Signed by: SAMPLE Print Name: Title: Date: • DELL MARKETING, L.P. (Lessor) Signed by: Print Name: Title: Date: Reference ID: SAMPLE C7 • Dell Government Leasing and Finance 866.363.3355 Dell Government Leasing and Finance Dell Government Leasing and Finance understands that in today's rapidly evolving IT environment, your organization is seeking flexibility to manage technology and cost, with an increased demand to improve services and productivity. Leasing through Dell Government Leasing and Finance is a solution to these needs, with some of the most premier programs in the industry. From large state governments to small municipalities, each leasing entity requires special covenants and conditions. Dell Government Leasing and Finance works closely with you to expedite the lease process and customize a lease solution. to meet your needs. Benefits of Leasing for You • Technology Expense Management Leasing eliminates the budgetary "speed- bumps" that seem to occur during periods of asset refresh. Costs of leased equipment are dispersed evenly throughout all fiscal periods of an asset's useful life. • Flexibility in Fund Acquisition Equipment acquisition is typically treated as a capital expense. Leasing often provides access to more plentiful and consistent operating funds. • Encourages Technology Discipline Planning IT migration paths leads to budget predictability and consistent technological performance over the long term. Leasing is the most powerful tool for achieving this level of discipline by encouraging predicted refresh intervals. • Facilitates Standardization By increasing budgetary buying power and managing to predict refresh cycles, the lessee is better able to achieve long -term standardization. • Flexible Cost Allocation Project budgets are often strained by the high capital costs of technology. Fluid streams of equipment costs are more r easily reallocated as equipment is re- deployed_among multiple projects. Program & Products • Available Terms 12,24,36,48 & 60 months (customized terms are available) ■ Lease Structures $1 out, Fair Market Value or 10% Purchase Option • Eligible OrderAmount $1,000 (if less than $1,000 - send for special consideration) • Soft Cost Allowance 25% (items such as software & extended service plans) • End -of -Lease Options Purchase /own equipment, return equipment to funding source or continue leasing month -to -month .Questions? Contact the Leasing Team ■ Call Us at 866- 363 -3355 ■ We Can Answer All Your Questions ■ All Leases from Dell Government Leasing and Finance Include Non - Appropriation Clauses This clause allows public entity lessees to terminate the lease due to lack of appropriated funds. Specific conditions apply. Let Us Provide You Services Based on: -Pricing -Terms and Conditions -Customized Lease Structures Dell Government Leasing and Finance 1'I- 3LaLe k_ O11LFd(:L 4OU-V tV-`ll -1: k,LISLOIIIIZlllg I UUl 3yJLGIII +� 0 rai�c I u Current Orderform I Retrieve E -Qu FL State Contract 250 Full Catalog I Software, Peripher The Optiplex GX400 delivers cutting -edge performance running the applications of today, and the power and ex perform tomorrow. To configure your system: 1. Select from the options listed to configure YOUR Dell system. 2. Click "Update Price" button at the bottom of the page to make the pricing reflect any changes you have made. 3. Click "Add to Orderform" button at the bottom of the page to add your system to your Order Form. View Option Price* $1,410.27 IDate: Gataloq Number: Web Tracking Code: (-' View Drop -down List'' View all System Options 1711 r!5 View Co Tuesday, July 24, 2001 9:55:34 AM CST 34 Retail RC962167 Neb Tracking Code for Internal Use NWW -1 460 -90521 X400: Pentium® 4 Processor,1.4GHz,256K Cache, Integrated NIC and Soun 4X40T - ( 220 -62331 ?56MB PC800 ECC RDRAM (2 RIMMS) 156E82 - l 311 -19661 )uietkey PS /2 Spacesaver Keyboard with 3 Programmable Hot Keys in Gray )K -1310 -07621 17 inch Dell M781 P in Gray, (16.0 viewable) X1781 P -1320 -17041 gVIDIA TNT2 Pro Graphics Card,16MB 6AGP -1320 -41961 ?0/48X CD -ROM -D48 - 1313-4562 1 1 Yr Parts Onsite Labor, Yrs 2 -3 Parts Delivery (Next Business Day) 3W - 1 900 -5672 900 -9006 902 -46201 qo Installation 40INSTL -1900 -99871 ?0GB EIDE Hard Drive (7200 RPM) !0 -1 340 -7851 1 1.44MB Floppy Drive 1-1340-78551 Nindows® 2000 Professional with CD using NTFS N2K1 EC2 -1 420 -0262 1 )ell 2- button Mouse PS /2 . -1310 -1301 1 Resource CD contains Diagnostics & Drivers for OptiPlex Systems 2ESORCD - 1313-7168 1 Current Orderform [ Retrieve E -Qu littp: / /reonlmerce.us. dell .com... /config.asp ?order code =W 1055 &conum - 84 &ConfigType= 07/24/2001 OptiPlex GX400 MiniTower: Memory: Keyboards: Monitors: Video Solution: First Removable Media: Hardware Support Service: Installation Support Service: First Hard Drive: Floppy Drive: Operating System: Mouse: Documentation: 1 -800- 891 -DELL s - r!5 View Co Tuesday, July 24, 2001 9:55:34 AM CST 34 Retail RC962167 Neb Tracking Code for Internal Use NWW -1 460 -90521 X400: Pentium® 4 Processor,1.4GHz,256K Cache, Integrated NIC and Soun 4X40T - ( 220 -62331 ?56MB PC800 ECC RDRAM (2 RIMMS) 156E82 - l 311 -19661 )uietkey PS /2 Spacesaver Keyboard with 3 Programmable Hot Keys in Gray )K -1310 -07621 17 inch Dell M781 P in Gray, (16.0 viewable) X1781 P -1320 -17041 gVIDIA TNT2 Pro Graphics Card,16MB 6AGP -1320 -41961 ?0/48X CD -ROM -D48 - 1313-4562 1 1 Yr Parts Onsite Labor, Yrs 2 -3 Parts Delivery (Next Business Day) 3W - 1 900 -5672 900 -9006 902 -46201 qo Installation 40INSTL -1900 -99871 ?0GB EIDE Hard Drive (7200 RPM) !0 -1 340 -7851 1 1.44MB Floppy Drive 1-1340-78551 Nindows® 2000 Professional with CD using NTFS N2K1 EC2 -1 420 -0262 1 )ell 2- button Mouse PS /2 . -1310 -1301 1 Resource CD contains Diagnostics & Drivers for OptiPlex Systems 2ESORCD - 1313-7168 1 Current Orderform [ Retrieve E -Qu littp: / /reonlmerce.us. dell .com... /config.asp ?order code =W 1055 &conum - 84 &ConfigType= 07/24/2001 0 a,r , ?� Lt! TO: FROM: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor and Council Ron Ferris, City Manager SUBJECT: Proposed plans for Baclmround DATE: August 29, 2001 In light of the proposed tax rate increase of 23 %, staff has been working proactively on ways to reduce costs as well as increase productivity. The following describes the approach that staff has started to take through a process of organizational self - analysis, by discussing possible changes throughout our organizational structure. Each and every department is being looked at in terms of current and future operational and administrative changes that could be made, with the goal of reducing cost as well as increasing accountability and efficiency in service delivery. The benefits of this reorganization will reveal financial and functional savings. Discussion Chart 1: General The first organization chart shows a change in the number of department heads that would report directly to the City Manager. Currently, there are 9 department heads reporting to the City Manager. The functions of Parks and Recreation and Public Works would be reassigned to one Assistant to the City Manager position and the functions of the Clerk's Office, Information Services, Citizen Services and Public Information Specialist would be reassigned to the other Assistant to the City Manager. As a result, the span of control will be streamlined from 9 to 7 department heads that report to the City Manager. This will allow the City Manager greater opportunity to work with the Council while maintaining direct contact with five key areas of the organization in terms of more effective implementation of policy directives and the overall work program of the City. Each Assistant to the City Manager would take on additional line responsibilities, one externally with community services and the other internally with administrative services. The areas that the City Manager would at least initially continue to oversee directly include: ❖ Public Safety — Police and Fire departments which represent approximately 50% of our operating budget; ❖ Growth Management — which manages the future growth and landscape of the City; ❖ Finance and Human Resources — which represent the foundation of the organization in terms of our assets (human and financial). Chart 2: Community Services One of the Assistants to the City Manager would be responsible for all field operation functions as one Community Services Department, currently recognized separately as the departments of Parks and Recreation and Public Works. The two department head positions will be eliminated and five operational divisions would be created as follows. The approach will be to combine related and/or like functions in these units, and align responsibilities that will provide greater accountability and effectiveness in work tasks. Through a reorganisation of Public Works, three positions in the general fund will be eliminated. Also, four positions will be reclassified to provide an improved professional level of supervision for all divisions. Swales and canals will be combined under one managerial position. Within Fleet Maintenance and Mowing and Landscaping divisions, positions will be redesigned to provide more effective field management, line supervision and control in those areas. The five units listed below would report directly to one Assistant to the City Manager as the Community Services Administrator on a daily basis: 1. Public Works Director: Responsible for Swales/Canals, Mowing/Landscaping and special projects. 2. Public Works Manager (currently the Assistant PublicWorks Director): Responsible for Fleet and Facilities maintenance. 3. Recreation Director (currently the Parks/Recreation Director): Responsible for all recreation programs, special events, cultural arts, community centers. 4. Facilities Director (currently the Assistant Parks/Recreation Director): Responsible for the golf course, municipal pool, tennis courts and special projects. 5. Parks Superintendent (current position filled): Responsible for parks and potentially Athletics would be aligned within this area. The job titles and salaries for many,of these positions are not finalized. They would be determined through the compensation study that is being conducted for all current and proposed positions in the organization. The Human Resources department has begun this study. The initial cost savings that would result from the reorganization is at least $100,000 including salaries and benefits. However, additional potential cost savings and improvements in service delivery may be revealed as a result of the work performance /operations analysis that will occur throughout the above areas as well as all other City departments over the upcoming fiscal year. One issue to consider is to look for opportunities to consolidate certain functions currently performed in more than one division, for example, janitorial/custodial, mowing, trades, tree trimming, irrigation, facility maintenance, supplies procurement and storage, contract management, construction management. This approach will also be taken in other departments. As staff analyzes operations within each department and accurate comparative information becomes available, potential opportunities for outsourcing when 0 - appropriate would be recommended for various functions. Chart 3: Support Services 10 One of the Assistants to the City Manager would be responsible for the Clerk's Office, Information Services, Public Information, Citizen Services and special projects. These five work units would report directly to the Assistant to the City Manager to provide for greater accountability and control of support service functions of the City's overall administration. To effectively meet the growing demands for productivity in the area of information services, the current budget includes an IS Director position to provide for the professional expertise and greater accountability in planning and supporting our technological programs. Jupiter, West Palm Beach, Boca Raton and Boynton Beach are several local cities within Palm Beach County that currently have IS directors due to the complexity, investment in technology and the demands on their organization by staff as well as the general public. This is the level of service that we have reached. As a result, we need to be more responsive and accountable in our IS department. This position will provide the necessary professional experience and leadership toward this goal. Chart 4: Police This chart reflects tentative plans to restructure the Police Department into three divisions by eliminating the Deputy Chief, Captain and Commander positions and creating three majors in order to expand accountability and control in the areas of support services, operations and special services. Chart 5: Finance This chart reflects the proposed redesign of the Assistant Finance Director position to a budget manager position to provide ongoing control and accountability over the budget throughout the year. This position redefined would also guide and assist the organization as a whole as we continue the process of looking for potential financial and functional efficiencies in our operations and administration. Since the direction of the Human Resources department will be to focus more on training, employee relations and development, the next proposed phase for the risk management function will be to relocate it within the Finance Department. This will provide risk management with further support and development from the incoming Finance Director who has experience in that field. Chart 6: Growth Management The approach to reorganization for the various departments outlined above have already been implemented in the Growth Management department that has started to improve efficiency and provide greater accountability within each of its work units. In addition, employees within each work unit are being cross - trained to improve responsiveness and productivity. The next phase proposed for the redesign of Growth Management include phasing in engineering services from consultant to in -house which is fiscally prudent in light of current and future development activity. Conclusion Staff will continue to look at how to improve efficiency and effectiveness in operations for the upcoming year and future years. This is a continuous process that will evolve and change with the needs of the organization and priorities of the Council. This is the first step of that process, to flatten the organization so we can see direct limes of accountability, match talent with function and improve the manner in which we manage. Should you have any questions, please advise. • RMF /sls Attachments • r Pi a O N O N A O b �� • El O �- � n• n C)C CD CD CD W CDC r� oa CD OTI n CD O (7 CD n 0 CD rf CDx CD 0 C a 0 a N 0 l 1 C1�1 hn CD l 1 r c. 0 w O o� b CZf w bo w O f7 Q. 0 A • • m -, n (D O o N C 0 (D n n O O O iU C �Q C CD O CA �? C/) 0D N :-• (C) PIZ' rn c O C7 =3 0) CD m CD Cl) 0' v -n ca a� CD CD m -, n (D O o N r m a 0 w 0 0 N �b y i=: m (10 m f S y H K 6 A Pi • 00 I CD CD O CD 3 0 w V = cn 0 E 0 3 cr f. �. 0. 0 cn x CD CD CD `V cn �...�. n W 0 (n cn rF 0 co ♦V i n W m 00 b ['rf �d to 00 �G O • • O z11 co O. (D --t n CD U) O C CD O. 0 � CA CD CD 0 --q 0 (D 0 0 CD C 0 O n• CD w r-t CD n r O b a Cd W aq `3n A (D pC. A • • W W a Cc Cc CD 0 T V ) '1 0 0 r�n v ' J 0 O � Q 0 "Z ,1 0 ^�• 0 0 0 CD 0 ca 0 i t� n °-s 0 w 0 w N b m r, 00 9 i a • CD CD C� v C C7 0 v fl7" n CD v a� co 0 co C7 0 CD o` Z:3 CD w c n co C/:) CD Z c-1j." CD cn w 0 co c-.Ij 0 C7 w c� CD n n CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: September 4, 2001 Date Prepared: August 20, 2001 SUBJECT /AGENDA ITEM CU -00 -03 Temple Beth David Conditional Use and Site Plan Amendment Second Reading and Adoption of Ordinance 29, 2001: A request by Larry Winker, agent for Northern Palm Beach County Jewish Community Center, Inc., for Conditional Use Amendment (CU) approval for Temple Beth David to increase the square footage by 21,787 square feet. The site is located on the north side of Hood Road, halfway between Military Trail and Central Boulevard, at 4657 Hood Road. RECOMMENDATION Staff recommends approval of Ordinance 29, 2001. Reviewed by: ( /7 Originating Dept.: FINANCE: NA P8Z Commission Growth Management: Action: Principal Planner Karen M. Craver, A4CP Costs: $ [ ] Approved Project Manager Total [X] App. w/ conditions Denied City Attorney [ ] Kara Irwin $ [ ] Rec. approval Finance NA Current FY Rec. a w/ conds. [ ] app. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: August 24, 2001 [ ]Operating • Table 1 Mar a D rec nt n , j [ Direct �($L l/V( Paper: The Palm p [X] Other NA • Table 2 *Ordinance 29, 2001 Charles K. Wu, AICP Beach Post Not Required Budget Acct. #: [ ] None Approved by: City Manager NA Affected parties: [X] Notified [ ] Not Required City Council Meeting Date: September 4, 2001 Date Prepared: August 20, 2001 Petition CU -00 -03 REQUEST Larry Winker, agent for Northern Palm Beach County Jewish Community Center, Inc., is requesting Conditional Use Amendment (CU) approval for Temple Beth David. The 5.0 -acre site currently contains an 8,308 square foot facility. The applicant proposes to increase the square footage by 21,787 square feet; however, the building will be 1,991 square feet smaller than what was previously approved by the City Council in July 1997. The site is located on the north side of Hood Road, halfway between Military Trail and Central Boulevard (36 -41 S -42E). BACKGROUND Palm Beach County originally approved the Temple Beth David Master Plan in 1982 as a "Special Exception Use ". The Master Plan approved by the County originally permitted a total of approximately 21,494 square feet. In October 1988, the site was annexed into the City by Ordinance 41, 1988. The City initially designated the site with an RL -1 Residential Low density zoning district, and the City initiated a rezoning to RH- Residential High in order to be consistent with the existing future land use designation of RH. The rezoning was approved by City Council on July 2, 1997. The applicant applied to City Council for a conditional use approval for an additional 23,778 square feet in July of 1997. The City Council approved the request with eight conditions of approval; however, the applicant did not commence construction of the expansion. At this time, the applicant proposes to expand the existing temple, but requires an amendment to the original conditional use approval to do so. The Temple Beth David expansion will include the addition of a Sanctuary to seat 275 persons, a Social Hall with related kitchen and storage areas, along with lobby areas and restrooms. The initial phase will also include new classrooms, additional restrooms, and a multi -use library space. The applicant is also seeking approval for the second phase of the project, which is the addition of 1,800 square feet of office space. Included in the attachments are the previously approved building elevations, which have been significantly altered. The previously approved plan was a more traditional design with more architectural detail and elaborate roof treatments. The new elevations show a more contemporary architectural styling. The building is modest compared to the previously approved design, yet is more compatible with the surrounding development. LAND USE & ZONING The subject site is zoned RH- Residential High with a conditional use overlay, has a future land use designation of RH- Residential High, and is listed as RM- Residential Medium on the Vision Plan. 2 City Council Meeting Date: September 4, 2001 Date Prepared: August 20, 2001 Petition CU -00 -03 CONCURRENCY Concurrency was approved on May 9, 2001. PROJECT DETAILS Building Site The applicant is proposing some significant changes from the previously approved plan. The exterior walls have two separate exterior finishes and three colors. The applicant will be alternating colors and textures on the exterior walls. Medium/light beige (Benjamin Moore #115) will be used for the rough textured stucco finish while a light beige (Benjamin Moore #911) and Medium beige (Benjamin Moore #117) will be used for the smooth textured stucco walls. The alternation of color and finish on the exterior walls is meant to provide depth and richness to the building. The existing building has two exterior finishes. The lower portion of the building exterior has a simulated masonry "dryvit" system with a dark beige color. The upper portion of the exterior walls has a smooth stucco finish with a light beige color finish. The proposed roof elevations will be flat. The applicant has omitted the previously approved copper colored six - barrel vaults along two sides of the sanctuary and the copper colored dome roofing, along with the proposed stained glass windows. Site Access The site currently has access from Hood Road at the southeast corner of the site. The site also shares an ingress /egress with Gardens Presbyterian Church, which is adjacent to the west side of the Temple. The shared access point can be accessed only by westbound traffic. Signage The applicant is proposing a ground sign located at the shared access road. The monument sign will be masonry wall with a stucco finish to match the building wall finish and painted a light/medium beige (Benjamin Moore #115). The sign will be 12' in width and 5' in height. The lettering will be 9" high bronze lettering with a 24" bronze Star of David. Landscaping /Buffering The applicant has provided 55.5% Open Space on the site which requires 8.0 points per 100 square feet. The applicant is required to have 9,675 points and has provided 9,680 points for the total site. The applicant has provided an 8' landscape buffer along the east property line and the rear property line. The applicant proposes to preserve all existing slash pines with a CAL greater than 4" DBH in accordance with regulations of the City of Palm Beach Gardens. Phasing The applicant proposes two phases of development: the addition of 19,987 square feet including the sanctuary, social hall, classrooms, lobby, and kitchen and storage areas, in the first phase; and 1,800 square feet of office space in the second phase. 3 City Council Meeting Date: September 4, 2001 Date Prepared: August 20, 2001 Petition CU -00 -03 Drainage The proposed expansion of the Temple Beth David has legal positive outfall. Discharge from the site will pass through neighboring Gardens Presbyterian Church (drainage easement per O.R.B. 11592 Page 1215) and then northward to the EPB -3B canal via a recorded easement (O.R.B 10551 Page 907). Northern Palm Beach County Improvement District has issued a permit for this outfall system. Stormwater runoff will be collected through a series of inlets and distributed to detention areas via a network of underground pipes. The detention areas will be sized to provide necessary water quality treatment and quantity storage as established by South Florida Water Management District criteria and the City's Land Development Regulations. Discharge will be controlled by a weir /bleeder system prior to offsite flow. COMMENTS FROM THE PLANNING AND ZONING COMMISSION On July 10, 2001 the Planning and Zoning Commission held an advertised public hearing on this petition. The Commission voted 7 -0 to recommend approval of this petition to City Council, with a condition that the applicant landscape and maintain the median that fronts the temple. COMMENTS FROM CITY COUNCIL On August 16, 2001 City Council voted 5 -0 to approve the application on first reading of Ordinance 29, 2001. STAFF RECOMMENDATION Staff recommends approval of petition CU -00 -03 with the following conditions of approval: 1. Prior to the issuance of the 'Certificate of Occupancy, Temple Beth David shall landscape, irrigate, and maintain 120' of the 500' Hood Road median that is directly in front of the Temple site. The landscaping shall adhere to the Hood Road landscape plan prepared by the Gardens Presbyterian Church. 2. The total capacity for this site, throughout each of the two phases and at completion, shall be limited to a maximum of 275 sanctuary seats, 102 students, and 120 parking spaces. 3. Prior to the issuance of the first building permit, the applicant shall submit a revised Photometric plan that meets the requirements of Section 95 of the City's Land Development Regulations. 4 ISubject Property Public /Institutional City Council Meeting Date: September 4, 2001 Date Prepared: August 20, 2001 Petition CU -00 -03 TABLE 1 Residential High (RH) w/ Conditional Use Overlay I Residential — High (RH) North Residential High (RH) Vacant/Undeveloped Residential —High (RH) Planned Development Area (PDA) South Residential High (RH) Vacant/Undeveloped Residential — High (RH) Planned Development Area East Residential Medium (RM) Residential- Medium (RM) Vacant/undeveloped Planned Development Area (PDA) IWest I Residential High (RH) w/ Planned I Residential High (RH) Public /Institutional Unit Development (PDA) Overlay 5 City Council Meeting Date: September 4, 2001 Date Prepared: August 20, 2001 Petition CU -00 -03 TABLE 2 Code Re, q j _. Pro osed Pff P � fan �'. . _ .......... �. _ ....� .. . , Conslistent? y Furement ,. Minimum Building Site for 21,787 , Yes RH = 11,000 sq ft Minimum Site Width for: RH = 90 Yes feet 330.03 feet Maximum Building Lot 13.8% Yes Covera a for RH: 35% Maximum Building Height for RH: 36 feet Yes . 45 feet . Front Setback for: 55 feet Yes RH: 55 feet Side Setback for: 52 feet Yes RH: >7.5 or 10% = 33 feet Rear Setback for: 366 feet Yes RH = 20 +1' for each foot above 2 stories = 36 feet Slgnage ...._... �....... .. T..... Ground Signs for RH = 330 feet One (1) ground sign Yes ROW = One 1 round sign Dimensions Area = 60 square feet max Area = 60 square feet Yes Height = 10 feet max Height = 5 feet Yes Length = 15 feet max Length = 12 feet Yes Wall Signs N/A Yes One (1) for parcel w/ at least 100 LF of ROW . Setbacks for Signage RH = 15 15 feet , Yes feet from property line and 50 feet 50 feet Yes from side property line Required Parking: One space One space per bedroom Yes per bedroom Minimum Landscaping Points 9,680.2 pts . Yes (Common Space): 8 pts /100 square feet 9,675 pts Sidewalks Meandering 8 foot . Yes 6 ORDINANCE 29, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A CONDITIONAL USE FOR THE EXPANSION OF A TEMPLE, INCLUDING THE CONSTRUCTION OF SOCIAL HALL, A FUTURE SANCTUARY WITH A MAXIMUM OF 275 SEATS, KITCHEN AND STORAGE FACILITIES, LOBBY AND RESTROOM FACILITIES, EXPANSION OF THE EDUCATIONAL FACILITIES TO ACCOMMODATE A MAXIMUM OF 102 STUDENTS, AND FUTURE OFFICES, TO BE LOCATED ON A 5 -ACRE SITE LOCATED ON THE NORTH SIDE OF HOOD ROAD, HALFWAY BETWEEN MILITARY TRAIL AND CENTRAL BOULEVARD, AT 4657 HOOD ROAD; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 41, 1988, annexing the 5 -acre parcel into the City of Palm Beach Gardens, which contained a 8,308 square foot structure; and WHEREAS, the City Council approved Resolution 71, 1997, for the expansion of the Conditional Use to allow for an additional 23,778 square feet of development; and WHEREAS, the City has received a petition from Temple Beth David (CU- 00 -03), to approve an amendment to the previous Conditional Use approval to allow an addition of 21,787 square feet for the construction of a Social Hall, a future Sanctuary with a maximum of 275 seats, Kitchen and Storage facilities, Lobby and Restroom facilities, expansion of the Educational facilities to accommodate a maximum of 102 students, and Future Offices in lieu of the previously approved 23,778 square feet; and WHEREAS, the 5 -acre site is currently zoned Residential — High Density (RH); and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on July 10, 2001, the Planning and Zoning Commission recommended approval of petition CU -00 -03 with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a conditional use for the construction of a Social Hall, a future Sanctuary with a maximum of 275 seats, Kitchen and Storage facilities, Lobby and Restroom facilities, expansion of the Educational facilities to accommodate a maximum of 102 students, and Future Offices on 5.0 acres on the Temple Beth David site, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: (1) August 24, 2001 Master Site Plan (MSP1), Larry J. Winker, 1 sheet total. (2) August 24, 2001 Site Plan Details (SPD), Larry J. Winker, 1 sheet total. (3) August 24, 2001 Landscape development Plan (L -1), Gentile, Holloway, O'Mahoney & Associates, 1 sheet total. (4) February 2001 Floor Plan (Al), Larry J. Winker, 1 sheet total. (5) February 2001 Roof Plan (A3), Larry J. Winker, 1 sheet total. (6) January 6, 2001 Exterior Elevations (A4 -A5), Larry J. Winker, 2 sheets. (7) November 17, 2000 Existing Building Elevations, Larry J. Winker, 1 sheet total. (8) August 24, 2001 Paving, Grading and Drainage, DiFonte Consulting, Sheet 3 of 9, 1 sheet total. Section 3. Said conditional use approval shall comply with the following conditions which shall be applicable to the applicant, its successors, and assigns: 1. Prior to the issuance of the "Certificate of Occupancy', Temple Beth David shall landscape, irrigate and maintain 120' of the 500' Hood Road that is directly in front of the Temple site. The landscaping shall adhere to the Hood Road landscape plan prepared by the Gardens Presbyterian Church. 2. The total capacity for this site, throughout each of the two phases and at completion, shall be limited to a maximum of 275 sanctuary seats, 102 students, and 120 parking spaces. 3. Prior to the issuance of the first building permit, the applicant shall submit a revised Photometric plan that meets the requirements of Section 95 of the City's Land Development Regulations. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. 2 Section 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. Section 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 16th DAY OF AUGUST 2001. PLACED ON SECOND READING THIS 4' DAY OF SEPTEMBER 2001. PASSED AND ADOPTED THIS 4' DAY OF SEPTEMBER 2001. SIGNED: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT 3 EXHIBIT "A" ,A parcel of lend lying,in the Northwest quarter of Section 360 Township 41 South, Range 42 East, Palm beach County, Florida, being more particularly described as follows; Commencing at the Northeast corner of the Northwest quarter of said Section 36; thence South 1013'5310 Nest along the Emet line of the Northwest quarter of said Section 36 (the Eset line of the Northwest quarter of said Section 36 is assumed to beam South to 13'53" Hest and all other bearings are relative thereto) a distance of 1444.23 feet to a point on the North Right of Way line of Hood Road, affi described in Deed Book 1083, Page 141, Public Records of Palm Beach County,.Florida; thence North 88007'47°' West along said North Right of Way line a distance of 664.82 feet to a point on the last line of the Northwest quarter of the Southeast quarter of the Northwest querter of said Section 36, the Point of Beginning of the hereinafter described parcel; thence continue North 88007'47" West a distance of 330.03 feet to a point; thence North 1007'19" East a distance of 660.0 feet to a point; thence South 88007'47 East parallel to said Hood Road Right of Wary line a distance of 330.03 feet to a point on the East line of the Southwest quarter of the Northeast quarter of the Northwest quarter of said Section 36; thence South 1007'19°' West along said East line, a distance of 660.0 feet to the Point of Beginning. 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 08/02/01 Meeting Date: 09/04/01 Subject/Agenda Item Ordinance 28, 2001, Providing for Amendments to the Fiscal Year 2000 -2001 Budget. Recommendation /Motion: Consider a motion to approve Ordinance 28, 2001 on second reading. Reviewed by Originating Dept.: Costs: $ .0 Council Action: (Total) City Attorney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: ' [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Memorandum Submitted by: Holly Luzader Assistant Financ Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Man er [ X ] Not required BACKGROUND: See attached memorandum. TO: FROM: SUBJECT CITY OF PALM BEACH GARDENS MEMORANDUM Ronald M. Ferris, City Manager DATE: August 3, 2001 Holly Luzader, Assistant Finance Director Ordinance 28, 2001 — Budget Amendment BACKGROUND The City needs to revise the Fiscal Year 2000 -2001 Budget to more accurately reflect expected revenues and expenditures. DISCUSSION Ordinance 28, 2001, includes exhibits which detail the amendments for the Fiscal Year 2000 -2001 Budget. These exhibits reflect the changes. The changes were reviewed by each Department Head and reflect changes necessary for accurate reporting of revenues and expenditures. Items include: • An additional $90,000 expenditure for environmental remediation costs associated with the Klock property. • An additional $60,000 expenditure for the employer contribution to the Police Pension Fund. • An additional $150,000 expenditure for the employer contribution to the Fire Pension retirement. • An additional $40,000 expenditure for engineering services. • An additional $60,000 expenditure for attorney fees. • Additional $80,000 in revenue from telephone franchise fees. • Additional $80,000 in revenue from cable franchise fees. • Additional $35,000 in revenue from occupational license fees. • Additional $80,000 in revenue from building permit fees. • Additional $350,000 in revenue from miscellaneous sources. RECOMMENDATION Staff recommends approval of Ordinance 28, 2001 on first reading, providing for amendments to the Fiscal Year 2000 -2001 Budget. ORDINANCE 28, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF THE CITY OF PALM BEACH GARDENS BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, INCLUSIVE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2000/2001 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously amended Fiscal Year 2000/2001 Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Items and amounts listed in the Attached Exhibit "1" are hereby amended as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2000, through September 30, 2001, inclusive. The revised expenditure totals are set forth in Exhibit "2" attached hereto; the revised revenue totals are set forth in Exhibit "3" attached hereto. SECTION 2. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 2001. PLACED ON SECOND READING THIS DAY OF , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. ORDINANCE 28, 2001 PAGE 2 OF 2 JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCIL MEMBER ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCIL MEMBER ATTEST: BY: CAROL GOLD, MMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT City of Palm Beach Gardens Exhibit 1 Budget Amendment Information Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Administration 01- 0200 - 512.1210 Salaries and wages 469,562 (4,000) 465,562 01- 0200 - 512.1410 Overtime 6,000 (2,000) 4,000 01- 0200 - 512.3150 Professional Services - other 123,560 11,500 135,060 01- 0200 - 512.3160 Professional Services - legal 325,000 60,000 385,000 01- 0200 - 512.4110 Telephone 13,200 3,000 16,200 01- 0200 - 512.4630 Office equipment repair 14,000 (3,000) 11,000 01- 0200 - 512.4710 Printing and binding 6,500 9,000 15,500 01- 0200 - 512.4910 Advertising 14,800 6,000 20,800 01- 0200 - 512.4920 Recording fees 2,000 (500) 1,500 01- 0200 - 512.5200 Materials and supplies 13,000 3,000 16,000 01- 0200 - 512.5295 Election expenses 12,000 (1,000) 11,000 01- 0210- 512.1410 Overtime 1,000 800 1,800 01- 0210 - 512.3820 Tuition reimbursement 2,880 200 3,080 01- 0200 - 512.2310 Health and life insurance 36,104 (1,000) 35,104 01- 0210 - 512.2310 Health and life insurance 9,860 1,100 10,960 01- 0220 - 512.2310 Health and life insurance 14,069 (4,100) 9,969 01- 0210 - 512.4710 Printing and binding 19,250 2,000 21,250 01- 0210 - 512.5200 Materials and supplies 8,775 (3,000) 5,775 01- 0220 - 512.1210 Salaries and wages 168,257 (20,000) 148,257 01- 0220 - 512.3710 Seminar and conference 400 50 450 01- 0220 - 512.5200 Materials and supplies 24,550 (10,000) 14,550 Human Resources 01- 0300 - 513.1540 Longevity 300 (300) 0 01- 0300 - 513.2310 Health and life insurance 26,783 (2,000) 24,783 01- 0300 - 513.3120 Professional services - medical 2,240 4,000 6,240 01- 0300 - 513.3150 Professional services - other 20,610 10,000 30,610 01- 0300 - 513.3160 Professional services - legal 50,000 (10,000) 40,000 01- 0300 - 513.3710 Seminar and conference 175 1,200 1,375 01- 0300 - 513.3810 Training and education 13,299 (5,500) 7,799 01- 0300 - 513.3820 Tuition reimbursement 900 (900) 0 01- 0300 - 513.4010 Travel 995 2,000 2,995 01- 0300 - 513.4710 Printing and binding 4,850 (2,000) 2,850 01- 0300 - 513.4910 Advertising 18,200 5,000 23,200 01- 0300 - 513.5200 Materials and supplies 800 2,500 3,300 Finance 01- 0600 - 513.1210 Salaries and wages 269,832 8,000 277,832 01- 0600 - 513.1410 Overtime 300 200 500 01- 0600 - 513.2310 Health and life insurance 27,219 2,300 29,519 01- 0600 - 513.2210 Retirement contributions 22,562 (2,000) 20,562 01- 0600 - 513.3120 Professional services - medical 200 (200) 0 01- 0600 - 513.3820 Tuition reimbursement 1,350 200 1,550 01- 0600 - 513.4010 Travel 1,290 (400) 890 01- 0600 - 513.5420 Memberships and dues 335 20 355 General Services 01- 0900 - 519.2330 Disability Insurance 12,000 1,900 13,900 01- 0900 - 519.4330 Tipping fees 30,300 5,400 35,700 01- 0900 - 519.5420 Memberships and dues 14,050 2,000 16,050 City of Palm Beach Gardens Exhibit 1 Budget Amendment Information Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Police 01- 1000 - 521.2310 Health and life insurance 130,848 (1,800) 129,048 01- 1000 - 521.5294 Uniforms and leather goods 3,200 500 3,700 01- 1030 - 521.1310 Part time salaries 14,976 3,000 17,976 01- 1030 - 521.1410 Overtime 203,000 47,280 250,280 01- 1030 - 521.2210 Retirement contributions 474,533 60,000 534,533 01- 1030 - 521.2310 Health and life insurance 347,619 4,000 351,619 01- 1030 - 521.2410 Workers compensation insurance 152,801 3,400 156,201 01- 1030- 521.4010 Travel 320 300 620 01- 1030 - 521.5200 Materials and supplies 19,774 2,000 21,774 01- 1030 - 521.5294 Materials and supplies 20,165 (2,000) 18,165 01- 1040 - 521.1410 Overtime 34,350 16,500 50,850 01- 1040 - 521.1530 School crossing guards 122,670 (30,000) 92,670 01- 1040 - 521.2310 Health and life insurance 56,783 (1,000) 55,783 01- 1040 - 521.4600 Repair and maintenance 5,100 490 5,590 01- 1040 - 521.6420 Equipment 10,300 (490) 9,810 01- 1070 - 521.1410 Overtime 14,800 10,000 24,800 01- 1070 - 521.2310 Health and life insurance 45,579 (3,800) 41,779 01- 1070 - 521.5200 Materials and supplies 14,442 (4,000) 10,442 01- 1070 - 521.5410 Books and subscriptions 20 150 170 01- 1080 - 521.2210 Retirement contributions 25,063 5,000 30,063 01- 1080 - 521.2310 Health and life insurance 18,262 300 18,562 01- 1080 - 521.3150 Professional services - other 6,000 4,000 10,000 01- 1080 - 521.3820 Tuition reimbursement 19,000 (4,000) 15,000 01- 1080 - 521.4010 Travel 3,990 300 4,290 01- 1080- 521.4940 Trophies and awards 1,625 100 1,725 01- 1080- 521.6400 Equipment 1,300 1,400 2,700 Fire 01- 1200 - 522.1410 Overtime 300 800 1,100 01- 1200 - 522.2210 Retirement contributions 25,430 5,000 30,430 01- 1200 - 522.2310 Health and life insurance 31,403 (1,500) 29,903 01- 1200 - 522.3150 Professional services - other 119,570 15,000 134,570 01- 1200 - 522.3710 Seminar and conference 0 600 600 01- 1200 - 522.4010 Travel 0 1,500 1,500 01- 1200 - 522.4310 Water and sewer 12,000 10,000 22,000 01- 1200 - 522.4320 Electricity 31,000 7,000 38,000 01- 1200 - 522.4710 Printing and binding 500 500 1,000 01- 1200 - 522.4800 Community promotion 1,500 (500) 1,000 01- 1200 - 522.5200 Materials and supplies 1,000 7,000 8,000 01- 1200 - 522.6210 Capital outlay 600,000 (500,000) 100,000 01- 1200 - 522.6400 Equipment 1,200 (1,200) 0 01- 1200 - 522.7210 Interest 107,505 2,460 109,965 01- 1220 - 522.1410 Overtime 7,000 2,000 9,000 01- 1220 - 522.2210 Retirement contributions 11,322 5,000 16,322 01- 1220 - 522.4800 Community promotion 1,500 300 1,800 01- 1220 - 522.5110 Office supplies 1,300 (500) 800 01- 1220 - 522.5420 Memberships and dues 535 400 935 01- 1230 - 522.1410 Overtime 162,000 60,000 222,000 01- 1230 - 522.1510 Incentive pay 58,770 15,000 73,770 City of Palm Beach Gardens Budget Amendment Information Exhibit 1 Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 01- 1230 - 522.2210 Retirement contributions 158,290 90,000 248,290 01- 1230 - 522.2310 Health and life insurance 271,225 8,500 279,725 01- 1230 - 522.3810 Training and education 7,500 (2,000) 5,500 01- 1230 - 522.3820 Tuition reimbursement 17,000 2,000 19,000 01- 1230 - 522.4010 Travel 2,510 200 2,710 01- 1230- 522.4110 Telephone 0 1,800 1,800 01- 1230 - 522.4420 Equipment rental 10,140 (2,000) 8,140 01- 1230 - 522.4600 Repair and maintenance 76,000 25,000 101,000 01- 1230 - 522.4710 Printing and binding 150 200 350 01- 1230 - 522.5110 Office supplies 500 500 1,000 01- 1230 - 522.5200 Materials and supplies 59,222 (4,000) 55,222 01- 1230 - 522.5294 Uniforms and leather goods 49,710 (10,000) 39,710 01- 1230 - 522.6400 Equipment 20,800 1,600 22,400 01- 1240 - 526.1210 Salaries and wages 1,092,969 7,000 1,099,969 01- 1240 - 526.1410 Overtime 89,000 70,000 159,000 01- 1240 - 526.1540 Longevity 20,100 (7,000) 13,100 01- 1240 - 526.2210 Retirement contributions 95,333 50,000 145,333 01- 1240 - 526.2310 Health and life insurance 145,212 (12,000) 133,212 01- 1240 - 526.3120 Professional services - medical 6,700 (3,000) 3,700 01- 1240 - 526.4010 Travel 4,580 (1,000) 3,580 01- 1240 - 526.4600 Repair and maintenance 27,800 2,000 29,800 01- 1240 - 526.4800 Community promotion 1,160 500 1,660 01- 1240 - 526.5110 Office supplies 500 300 800 01- 1240 - 526.5294 Uniforms and leather goods 37,095 (10,000) 27,095 01- 1240 - 526.6400 Equipment 1,800 6,000 7,800 Growth Management 01- 1400 - 515.1410 Overtime 800 500 1,300 01- 1400 - 515.2310 Health and life insurance 8,616 (2,800) 5,816 01- 1400 - 515.3150 Professional services - other 2,000 (730) 1,270 01- 1400 - 515.3810 Training and education 0 60 60 01- 1400 - 515.5420 Memberships and dues 510 300 810 01- 1420 - 515.2310 Health and life insurance 31,933 7,000 38,933 01- 1420 - 515.3150 Professional services - other 322,500 10,000 332,500 01- 1420 - 515.3820 Tuition reimbursement 3,600 2,000 5,600 01- 1420 - 515.4710 Printing and binding 2,925 2,000 4,925 01- 1420 - 515.5200 Materials and supplies 2,806 1,200 4,006 01- 1430 - 515.1210 Salaries and wages 125,478 (10,000) 115,478 01- 1430 - 515.1310 Part time salaries 14,000 (3,000) 11,000 01- 1430 - 515.1540 Longevity 300 (300) 0 01- 1430 - 515.2310 Health and life insurance 14,214 (2,800) 11,414 01- 1430 - 515.3150 Professional services - other 7,795 2,000 9,795 01- 1430 - 515.3710 Seminar and conference 225 200 425 01- 1430 - 515.3810 Training and education 1,400 (500) 900 01- 1430 - 515.4110 Telephone 720 700 1,420 01- 1440 - 524.1410 Overtime 800 (800) 0 01- 1440 - 524.2310 Health and life insurance 42,406 (1,800) 40,606 01- 1440 - 524.4600 Repair and maintenance 500 (400) 100 01- 1440 - 524.5110 Office supplies 1,990 400 2,390 01- 1450 - 515.3150 Professional services - other 425,000 40,000 465,000 City of Palm Beach Gardens Budget Amendment Information Exhibit 1 Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Recreation 01- 2000 - 572.2310 Health and life insurance 18,423 1,100 19,523 01- 2000 - 572.4010 Travel 2,595 800 3,395 01- 2000 - 572.4310 Electricity 245,000 10,000 255,000 01- 2000 - 572.4600 Repair and maintenance 5,030 (2,000) 3,030 01- 2000 - 572.5410 Books and subscriptions 0 140 140 01- 2000 - 572.5420 Memberships and dues 750 100 850 01- 2020 - 572.1310 Part time salaries 64,813 9,000 73,813 01- 2020 - 572.3710 Seminar and conference 150 10 160 01- 2020 - 572.4420 Equipment rental 360 2,500 2,860 01- 2020 - 572.5410 Books and subscriptions 0 100 100 01- 2020 - 572.6400 Equipment 2,500 1,500 4,000 01- 2030 - 572.2310 Health and life insurance 11,283 2,000 13,283 01- 2040 - 572.1410 Overtime 600 1,300 1,900 01- 2040 - 572.2310 Health and life insurance 25,645 3,000 28,645 01- 2040 - 572.3710 Seminar and conference 300 50 350 01- 2040 - 572.3810 Training and education 500 (300) 200 01- 2040 - 572.4420 Equipment rental 1,500 (800) 700 01- 2040 - 572.5200 Materials and supplies 6,800 (2,000) 4,800 01- 2080 - 519.1210 Salaries and wages 576,595 (40,000) 536,595 01- 2080 - 519.1410 Overtime 20,000 10,000 30,000 01- 2080 - 519.2310 Health and life insurance 84,472 (3,500) 80,972 01- 2080 - 519.3150 Environmental remediation 175,000 90,000 265,000 01- 2080 - 519.3400 Contractual services 23,264 10,000 33,264 01- 2080 - 519.4420 Equipment rental 9,347 10,000 19,347 01- 2080 - 519.4600 Repair and maintenance 113,400 16,850 130,250 01- 2080 - 519.5410 Books and subscriptions 50 30 80 01- 2080 - 519.5420 Memberships and dues 85 30 115 01- 2080 - 519.6300 Land and improvements 338,000 (112,500) 225,500 City of Palm Beach Gardens Exhibit 1 Budget Amendment Information Revised Revised Budget Revisions Budget Account 2000/2001 2000/2001 2000/2001 Public Works 01- 3000 - 539.1310 Part time salaries 22,100 (6,900) 15,200 01- 3000 - 539.1410 Overtime 2,000 600 2,600 01- 3000 - 539.1540 Longevity 11,412 (8,000) 3,412 01- 3000 - 539.2210 Retirement contributions 19,751 (8,000) 11,751 01- 3000 - 539.2310 Health and life insurance 30,697 3,000 33,697 01- 3000 - 539.3150 Professional services - other 3,850 9,000 12,850 01- 3000 - 539.4320 Electricity 28,000 5,000 33,000 01- 3000 - 539.5200 Materials and supplies 26,645 (7,000) 19,645 01- 3030 - 539.2310 Health and life insurance 47,932 (6,800) 41,132 01- 3040 - 541.1210 Salaries and wages 183,175 (15,000) 168,175 01- 3040 - 541.2310 Health and life insurance 30,730 (1,600) 29,130 01- 3050 - 541.2310 Health and life insurance 33,060 (2,000) 31,060 01- 3060 - 541.1540 Longevity 600 5,000 5,600 01- 3060 - 541.2310 Health and life insurance 40,846 5,000 45,846 01- 3060 - 541.3400 Contractual services 703,460 (700,000) 3,460 01- 3060 - 541.6400 Equipment 850 1,500 2,350 Total General Fund Expenditure revision (651,000) 02- 1000 - 521.3810 Training and education 10,000 1,000 11,000 02- 1000 - 521.4010 Travel 6,048 4,400 10,448 Total Police Training Fund Expenditure revision 5,400 City of Palm Beach Gardens Expenditure Summary by Fund Exhibit 2 Revised Revised Budget Revisions Budget 2000/2001 2000/2001 2000/2001 General Fund City Council Department $109,956 $109,956 Administration Department Administrative Services 1,201,413 81,000 1,282,413 Resident Services 139,449 1,100 140,549 Information Systems 387,496 (34,050) 353,446 Total Administration Department 1,728,358 48,050 1,776,408 Human Resources Department 441,967 4,000 445,967 Finance Department 506,310 8,120 514,430 General Services Department 3,234,643 9,300 3,243,943 Police Department Administration 1,909,223 (1,300) 1,907,923 Road Patrol 5,073,699 117,980 5,191,679 Traffic 1,032,563 (14,500) 1,018,063 Detective 697,398 2,350 699,748 Professional Standards and Training 345,761 7,100 352,861 Total Police Department 9,058,644 111,630 9,170,274 Fire Department Administration 1,371,962 (453,340) 918,622 Life Safety Services 299,751 7,200 306,951 Fire Suppression 3,572,651 186,800 3,759,451 EMS 2,098,780 102,800 2,201,580 Total Fire Department 7,343,144 (156,540) 7,186,604 Growth Management Department Administration 198,417 (2,670) 195,747 Planning and Zoning 855,242 22,200 877,442 Code Enforcement 232,156 (13,700) 218,456 Building 515,212 (2,600) 512,612 Engineering 426,766 40,000 466,766 Total Growth Management Department 2,227,793 43,230 2,271,023 Parks and Recreation Department Administration 579,322 10,140 589,462 Aquatics 140,468 13,110 153,578 Athletics 185,414 2,000 187,414 Programs 339,899 1,250 341,149 Grounds and Facilities 2,008,291 (19,090) 1,989,201 Total Parks and Recreation Department 3,253,394 7,410 3,260,804 Exhibit 2 City of Palm Beach Gardens Exhibit 2 Expenditure Summary by Fund Revised Revised Budget Revisions Budget 2000/2001 2000/2001 2000/2001 Public Works Department Administration 480,540 (12,300) 468,240 Facilities Maintenance 479,859 (6,800) 473,059 Canal 914,268 (16,600) 897,668 Swale Maintenance 1,058,821 (2,000) 1,056,821 Mowing and Landscaping 550,854 (688,500) (137,646) Total Public Works 3,484,342 (726,200) 2,758,142 General Fund $31,388,551 ($651,000) $30,737,551 Interfund Transfers 1,292,792 0 1,292,792 Total General Fund $30,095,759 ($651,000) $29,444,759 Golf Course Fund Pro shop $ 1,326,405 0 1,326,405 Restaurant 124,200 0 124,200 Maintenance 456,135 0 456,135 Total Golf Course Fund $ 1,906,740 $ - $ 1,906,740 Fleet Management Fund 1,639,900 1,639,900 Gas Tax Fund 690,000 0 690,000 Recreation Programs 1,163,393 0 1,163,393 Police Training Fund 16,048 5,400 21,448 Recreation Impact Fund 925,000 0 925,000 Police Impact Fund 355,220 355,220 Fire Impact Fund 394,400 0 394,400 Art Impact Fund 650,000 650,000 2000 Capital Projects Fund 1,205,000 0 1,205,000 Police Grant Fund 44,000 44,000 Total All Funds 40,378,252 (645,600) 39,732,652 Interfund Transfers 1,717,977 1,717,977 Total Less Interfund Transfers 38,660,275 (645,600) 38,014,675 City of Palm Beach Gardens Revenue Detail by Fund Licenses and Permits 01- 321.0000 Professional & Occupational 01- 322.0000 Building Permits Total Licenses and Permits Intergovernmental 975,000 35,000 1,010,000 1,000,000 80,000 1,080,000 1,975,000 115,000 2,090,000 01- 334.9000 Federal /State Grants Revised (700,000) Revised 01- 334.9010 Police Grants Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 General Fund State Revenue Sharing 700,000 01- 342.9000 700,000 Taxes Mobile Home Licenses 17,000 3,000 20,000 01- 311.1000 General Obligation $ 1,486,293 3,000 $ 1,486,293 01- 311.2000 General Operating Revenue 17,006,000 (22,000) 16,984,000 01- 313.1000 Electricity Franchise 2,600,000 Interim Service Fees 2,600,000 01- 313.2000 Telephone Franchise 98,000 80,000 178,000 01- 313.5000 Cable TV Franchise 275,000 80,000 355,000 01- 313.6000 Solid Waste Franchise 50,000 3,941,500 50,000 Total Taxes (152,000) 21,515,293 138,000 21,653,293 Licenses and Permits 01- 321.0000 Professional & Occupational 01- 322.0000 Building Permits Total Licenses and Permits Intergovernmental 975,000 35,000 1,010,000 1,000,000 80,000 1,080,000 1,975,000 115,000 2,090,000 01- 334.9000 Federal /State Grants 900,000 (700,000) 200,000 01- 334.9010 Police Grants 194,000 EMS Transport Fees 194,000 01- 334.9020 Recreation Grants 262,500 (220,000) 42,500 01- 335.1200 State Revenue Sharing 700,000 01- 342.9000 700,000 01- 335.1400 Mobile Home Licenses 17,000 3,000 20,000 01- 335.1500 Alcoholic Beverage Licenses 25,000 3,000 28,000 01- 335.1800 Half Cent Sales Tax 2,550,000 45,000 2,550,000 01- 335.6500 Other state shared revenue 25,000 Interim Service Fees 25,000 01- 337.9000 Grants from other local units 300,000 (200,000) 100,000 01- 338.2000 County Occupational Licenses 82,000 01- 349.1000 82,000 Total Intergovernmental 5,055,500 (1,114,000) 3,941,500 Charges for Services 01- 342.2100 Fire Inspection Fees 160,000 (70,000) 90,000 01- 342.6000 EMS Transport Fees 715,000 715,000 01- 342.8000 Engineering Fees 0 0 01- 342.9000 Police Training Fees 0 0 01- 347.2400 Swimming Pool Fees 13,000 13,000 01- 347.2600 Tennis Fees 45,000 10,000 55,000 01- 347.2700 Interim Service Fees 9,000 8,000 17,000 01- 347.2800 Application Filing Fees 235,000 (100;000) 135,000 01- 349.1000 Parkway Tree Sales 4,000 4,000 Total Charges for Services 1,181,000 (152,000) 1,029,000 01- 351.1000 Court Fines 300,000 300,000 01- 351.1020 Parking Fines 8,000 8,000 01- 351.1030 Code Enforcement Fines 2,000 12,000 14,000 Total Fines and Forfeitures 310,000 12,000 322,000 Exhibit 3 City of Palm Beach Gardens Revenue Detail by Fund Golf Course Fund Charges for Services 09- 347.5010 Revised $ Revised $ Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 361.0000 Interest 550,000 47,400 550,000 01- 361.1000 Interest on Property Taxes 32,000 09- 347.5050 32,000 Totallnterest 582,000 0 582,000 Miscellaneous Prepaid Permits - $ 1,175,200 126,400 01- 369.0000 Other Miscellaneous Revenue 150,000 350,000 500,000 Transfers 108,900 108,900 01- 383.0000 Transfer In 256,225 256,225 Appropriated Fund Balance 71,900 Total Charges for Services 01- 389.0000 Appropriated Fund Balance 363,533 1,721,800 363,533 Total Appropriated Fund Balance 363,533 0 363,533 Total General Fund $ 31,388,551 $ (651,000) $ 30,737,551 Golf Course Fund Charges for Services 09- 347.5010 Greens Fees $ 723,200 $ 723,200 09- 347.5020 Cart Fees 43,500 570,600 450,800 570,600 09- 347.5030 Driving Range 47,400 35,000 1,162,200 35,000 09- 347.5050 Pro Shop Sales 13,000 85,800 - 85,800 09- 347.5070 Prepaid Permits - $ 1,175,200 126,400 126,400 09- 347.5080 Food Sales 108,900 108,900 09- 347.5090 Beverage Sales 71,900 71,900 Total Charges for Services 1,721,800 - 1,721,800 09- 361.0000 Interest 78,000 78,000 09- 369.0000 Miscellaneous Golf Revenue 10,000 10,000 09- 383.0000 Transfer In 150,000 150,000 Total Golf Course $ 1,959,800 $ - $ 1,959,800 Gas Tax Fund 16- 312.3000 Local Option Gas Tax $ 590,000 $ 590,000 16- 331.9000 FEMA Grant - - 16- 361.0000 Interest 10,000 10,000 16- 383.1000 Loan Proceeds - - 16- 389.0000 Appropriated Fund Balance 90,000 90,000 Total Gas Tax Fund $ 690,000 $ - $ 690,000 Recreational Programs Fund 14- 348.1001 Programs $ 426,400 $ 426,400 14- 348.1201 Sports 194,100 194,100 14- 348.1401 Aquatics 43,500 43,500 14- 348.1501 Special Interest 450,800 450,800 14- 348.1601 Special Events 47,400 47,400 Total Charges for Services 1,162,200 - 1,162,200 14- 361.0000 Interest 13,000 13,000 14- 369.0000 Miscellaneous Revenue - - - Total Recreational Programs Fund $ 1,175,200 $ - $ 1,175,200 Exhibit 3 City of Palm Beach Gardens Exhibit 3 Revenue Detail by Fund Revised Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 Fleet Management Fund 031 - 383.0000 Lease proceeds $ 21,832 $ 21,832 031 - 369.1000 Insurance proceeds 45,000 45,000 31- 361.0000 Interest 20,000 20,000 31- 381.0000 Transfers 1,307,752 1,307,752 31- 389.0000 Appropriated Fund Balance 15,316 15,316 Total Fleet Management Fund $ 1,409,900 $ - $ 1,409,900 Police Training Fund 02- 361.0000 Interest $ 600 $ 900 $ 600 02- 351.1000 Fines and Forfeitures 15,000 4,500 15,000 02- 389.0000 Appropriated Fund Balance 448 448 Total Police Training Fund $ 16,048 $ 5,400 $ 16,048 Recreation Impact Fund 03- 361.0000 Interest $ 25,000 $ 25,000 03- 369.3200 Impact Fees 200,000 200,000 03- 389.0000 Appropriated Fund Balance 700,000 700,000 Total Recreation Impact Fund $ 925,000 $ - $ 925,000 Police Impact Fund 12- 361.0000 Interest $ 5,000 5,000 12- 369.3200 Impact Fees 100,000 100,000 12- 389.0000 Appropriated Fund Balance 250,220 250,220 Total Police Impact Fund $ 355,220 $ - $ 355,220 Fire Impact Fund 13- 361.0000 Interest $ 15,000 $ 15,000 13- 369.3200 Impact Fees 15,000 15,000 13- 389.0000 Appropriated Fund Balance 364,400 364,400 Total Fire Impact Fund $ 394,400 $ - $ 394,400 Art Impact Fund 17- 361.0000 Interest $ 12,000 12,000 17- 369.3700 Impact Fees 100,000 100,000 17- 389.0000 Appropriated Fund Balance 538,000 538,000 Total Art Impact Fund $ 650,000 $ - $ 650,000 2000 Capital Projects Fund 24- 361.0000 Interest $ 5,000 $ 5,000 24- 384.0000 Bond Proceeds - - 24- 389.0000 Appropriated Fund Balance 1,205,000 1,205,000 Total 1999 Capital Projects Fund $ 1,210,000 $ - $ 1,210,000 Police Grant Fund 101 - 334.9010 $ 40,000 $ 40,000 101- 381.0000 4,000 4,000 Total Police Grant Fund $ 44,000 $ - $ 44,000 Total All Funds $ 40,218,119 $ (645,600) $ 39,567,119 Interfund Transfers 1,717,977 1,717,977 Total less Interfund Transfers $ 38,500,142 $ (645,600) $ 37,849,142 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 SUBJECT /AGENDA ITEM PUD -01 -08 — Marina Gardens PUD Amendment First Reading: Ordinance 36, 2001, a request by Hank Skokowski of Urban Design Studio, agent for Mutual Land Development Company, to amend the Marina Gardens Planned Unit Development (PUD) by revising the traffic analysis and the condition of approval referencing the build -out date for the PUD. (5- 42S -43E) RECOMMENDATION Staff recommends approval of the request with one condition. Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: [ ] Approved Principal Planner Karen M. Cr AIC Costs: $ A [ ] pp• w/ conditions , Project n Total [ ] Denied City Att ney Manager J [ ] Rec. approval Leonard n John Ltindg'ren, AICP $ [ ] Rec. app. w/ conds. Finance NA Current FY [ ] Rec. Denial [ ] Continued to: Human Res. NA Funding Source: [ ]Operating Submitted by: Advertised: Attachments: Growth Date: [ ] Other • Ordinance 36, 2001 ManaA*L , I , �- • Ordinance 5, 1999 Direct lA/�l Paper: • Ordinance 5, 2000 Charles K. Wu, AICP • 1/12/01 [X] Not Required Budget Acct. #: Administrative Time Extension Approved by: City Manager • 8/24/01 Traffic Affected parties: Ronald M. Ferris [ ] Notified Analysis • Applicant [X] Not Required Justification Statement [ ] None City Council Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 Petition PUD -01 -08 BACKGROUND The Marina Gardens Planned Unit Development (PUD) was originally approved with the adoption of Ordinance 5, 1999 (see attachment), and was subsequently amended with the adoption of Ordinance 5, 2000 (see attachment). On January 12, 2001, the Growth Management Department granted a 90 -day administrative time extension for the completion of the PUD. The site is currently approved for 65 fee simple townhomes and a 1,600 square -foot pool /pavilion building. The 7.6 -acre site is located on the south side of Idlewild Road, approximately 500 feet east of the intersection of Prosperity Farms Road and Idlewild Road. LAND USE & ZONING The subject site is zoned Residential Medium Density (RM) and Residential High Density (RH) with a Planned Unit Development (PUD) overlay, and has future land -use designations of Residential Medium (RM) and Residential High (RH). PETITION DETAILS The applicant proposes to amend the Marina Gardens Planned Unit Development (PUD) by revising the traffic analysis and the condition of approval referencing the build -out date for the PUD. The newly proposed build -out date for the PUD, per Section 78- 61(c)(3)a of the City Code, is December 31, 2002. Currently, six buildings (25 townhomes) have been completed or are nearing completion. There are also three (3) additional buildings that are under construction and should be completed by the end of the year. The utilities and drainage facilities for the entire site have been installed. Most of the infrastructure and common landscaping have been completed; the only remaining common improvements which have not been completed are those which would be damaged or destroyed as part of construction process for the remaining portion of the PUD. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) To date, no objections have been received from the following departments and agencies: Building Division, Planning & Zoning Division, Fire Department, Police Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Northern Palm Beach County Improvement District, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. 2 City Council Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 Petition PUD -01 -08 GROWTH MANAGEMENT RECOMMENDATION Staff recommends approval of the request to amend the PUD, because the applicant has justified this request and has moved forward, in good faith, to complete the development of this project. Staff is also recommending the following condition: 1. All of the previous conditions of approval in Ordinance 5, 1999 and Ordinance 5, 2000 shall be carried over with the approval of this petition. The build -out date of the PUD (per Section 78- 61(c)(3)a of the City Code) is December 31, 2002, as referenced in Exhibit 3 in the August 24, 2001 traffic analysis prepared by Pinder Troutman Consulting, Inc. (Planning & Zoning) K' Subject Property Marina Gardens Townhomes North Single Family Homes & Prosperity Bay Village, in Unincorporated Palm Beach County South Soverel Boat Yard & Marina East Seminole Boatyard in Unincorporated Palm Beach County East Seminole Boatyard in City of P.B.G. West The Harbour Shoppes Residential -Med. (RM) & Residential -High (RH) with a Planned Unit Development (PUD) Overlay Residential - Single Family (RS) General Commercial (CG -1) Industrial (IL) General Commercial (CG -1) General Commercial (CG -1) 4 City Council Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 Petition PUD -01 -08 Residential -Med. (RM) Residential -High (RH) Urban Residential -2 & 3 (UR -2 & UR -3) Commercial (C) Industrial (IND) Commercial (C) Commercial (C) August 27, 2001 ORDINANCE 36, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE APPLICATION FROM MUTUAL LAND DEVELOPMENT COMPANY FOR AN AMENDMENT TO THE PREVIOUSLY APPROVED "MARINA GARDENS" PLANNED UNIT DEVELOPMENT (PUD) BY REVISING THE TRAFFIC ANALYSIS AND THE CONDITION OF APPROVAL REFERENCING THE BUILD -OUT DATE FOR THE 65 TOWNHOME UNITS ON THE 7.6 -ACRE SITE LOCATED APPROXIMATELY 500 FEET TO THE EAST OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND IDLEWILD ROAD, ON THE SOUTH SIDE OF IDLEWILD ROAD, MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD- 01 -08) from Mutual Land Development Company for approval to amend the "Marina Gardens" PUD by revising the traffic analysis and the condition of approval referencing the build -out date for the 65 townhome units on the 7.6 -acre site located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 7.6 -acre "Marina Gardens" site is currently zoned Residential Medium Density (RM) and Residential High Density (RH), with a Planned Unit Development (PUD) overlay; and WHEREAS, the "Marina Gardens" PUD was originally approved on February 4, 1999 with the adoption of Ordinance 5, 1999, and subsequently amended on March 16, 2000 with the adoption of Ordinance 5, 2000; and WHEREAS, on January 12, 2001, the Growth Management Department, per Section 78- 61(f)(1), approved an administrative time extension for the "Marina Gardens" PUD; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval of said application; and WHEREAS, the "Marina Gardens" PUD shall be built -out per Section 78- 61(c)(3)a of the City Code by December 31, 2002. Ordinance 36, 2001 Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 Petition PUD -01 -08 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "Marina Gardens" PUD located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit a revised traffic analysis and condition of approval referencing the build -out date of December 31, 2002. SECTION 2. Said Planned Unit Development is approved subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: 1. All of the previous conditions of approval in Ordinance 5, 1999 and Ordinance 5, 2000 shall be carried over with the approval of this petition. The build -out date (per Section 78- 61(c)(3)a) of this project is December 31, 2002, as referenced in Exhibit 3 in the August 24, 2001 traffic analysis prepared by Pinder Troutman Consulting, Inc. (Planning & Zoning) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following, document on file with the City's Growth Management Department: 1. August 24, 2001 Traffic Analysis by Pinder Troutman Consulting, Inc., (4 pages total). SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 4"' DAY OF SEPTEMBER 2001. PLACED ON SECOND READING THIS DAY OF 2001. PASSED AND ADOPTED THIS DAY OF 2001. K MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: pud0108.or Ordinance 36, 2001 Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 Petition PUD -01 -08 VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO 3 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY NAY ABSENT Ordinance 36, 2001 Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 Petition PUD -01 -08 EXHIBIT "A" Being a parcel of land in the Northeast Quarter (NE %) of Section 5, Township 42 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows: Commence at the point of intersection of the Northerly right -of -way line of P.G.A. Boulevard (also known as State Road 74), as said Northerly right -of -way line is shown on the Palm Beach County, Florida Engineering Department right -of -way Map for State Road No. 74, said right -of -way map is recorded in Plat Book 5, Pages 189 through 190, of the Public Records of Palm Beach County, Florida, with the Easterly right -of -way line of Prosperity Farms Road, as said Easterly right -of -way line is shown on the Palm Beach County, Florida Engineering Department Map for the Ultimate right -of -way of Prosperity Farms Road, Drawing No. 3 -70-001 RW, Sheets 6 and 7 of 11, dated June 1970, said map being unrecorded; thence North 01 degree 32 minutes 52 seconds East, along said Easterly right -of -way line of Prosperity Farms Road, a distance of 1197.82 feet to a point on the Southerly right -of -way fine of Idlewild Road (also known as County Road No. 7), said point being shown on said Drawing No. 3- 70-001 RW; thence South 87 degrees 48 minutes 23 seconds East, along said Southerly right -of -way line of Idlewild Road, a distance of 500.91 feet to the POINT OF BEGINNING of the hereinafter described parcel; thence continue South 87 degrees 48 minutes 23 seconds East, along said Southerly right -of -way line of Idlewild Road and along the Northerly line of Lot 1 of Robinson Subdivision (unrecorded) a distance of 175.63 feet to the Northeast comer of Lot 1; thence South 01 degree 30 minutes 30 seconds West, along the East lines of Lots 1, 2, and 3 of said Robinson Subdivision, a distance of 221.22 feet to the Northwest comer of Lot 5 of said Robinson Subdivision; thence South 52 degrees 26 minutes 07 seconds East, along the Northeasterly line of said Lot 5, a distance of 216:35 feet to the Northeast comer of said Lot 5; thence North 01 degree 31 minutes 48 seconds East, along the East lines of Lots 6 and 7 of said Robinson Subdivision, a distance of 237.27 feet to the Northeast comer of said Lot 7; thence South 88 degrees 30 minutes 15 seconds East along the South line of Lot 9 of said Robinson Subdivision, a distance of 44.99 feet to the Southeast comer of said Lot 9; thence North 01 degree 30 minutes 54 seconds East, along the East line of said Lot 9, a distance of 108.64 feet to the Northeast comer of said Lot 9, said Northeast comer also being a point on said Southerly right -of -way line of Idlewild Road; thence South 87 degrees 48 minutes 23 seconds East, along said Southerly right -of -way line of Idlewild Road and along the Northerly line of Lot 10 of said Robinson Subdivision, a distance of 130.01 feet to the Northeast comer of said Lot 10; thence South 01 degree 30 minutes 50 seconds West, along the East line of said Lot 10, a distance. of 107.06 feet to the Northwest comer of Lot 16 of said Robinson Subdivision, thence South 88 degrees 30 minutes 15 seconds East, along the North line of said Lot 16, a distance of 110.40 feet to a point on a line 46.00 feet West of and parallel with the East line of said Lot 16; thence South 01 degree 38 minutes 37 seconds West, along said parallel fine and the Southerly extension thereof, a distance of 391.69 feet to a point; thence North 69 degrees 02 minutes 19 seconds West, a distance of 73.55 feet; thence South 67 degrees 44 minutes 10. seconds West, a distance of 409.44 feet; thence North 38 degrees 59 minutes 50 seconds West, a distance of 285.19 feet; thence North 12 degrees 58 minutes 03 seconds West, a distance of 230.65 feet to a point on a line parallel with and 206.00 feet South of, as measured at right angles to, said Southerly right -of -way line of Idlewild Road, said point also lying on the centerline of a 24 foot Roadway Easement, as recorded in Official Record Book 2668, page 1424, Public Records of Palm Beach County, Florida; thence North 39 degrees 36 minutes 47 seconds East, along said centerline, a distance of 53.18 feet to the beginning of a curve concave to the West having a radius of 90.00 feet and a central angle of 38 degrees 10 minutes 34 seconds; thence Northerly along the arc of said curve, a distance of 59.97 feet to the point of tangency; thence North 01 degree 26 minutes 13 seconds East, a distance of 107.90 feet to a point on the South right -of -way line of Idlewild Road and the POINT OF BEGINNING. (Description continues on following page) 4 Ordinance 36, 2001 Meeting Date: September 4, 2001 Date Prepared: August 27, 2001 Petition PUD -01 -08 AND A parcel of land in the Northeast one - quarter (NE' /.) of Section 5, Township 42 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: From the Northeast comer of said Section 5; run South 02 degrees 01 minutes 47 seconds West on the East line of said Section 5, a distance of 1644.62 feet; thence run North 88 degrees 31 minutes 05 seconds 'vvest a distance of 1628.98 feet; thence run South 01 degree 30 minutes 54 seconds West, a distance of 270.65 feet to the POINT OF BEGINNING of the parcel herein conveyed; thence continue South 01 degree 30 minutes 54 seconds West, a distance of 147.19 feet; thence run North 52 degrees 28 minutes 32 seconds West, a distance of 216.34 feet; thence run North 01 degree 30 minutes 54 seconds East, a distance of 20.00 feet; thence run South 88 degrees 29 minutes 06 seconds East, a distance of 175.00 feet to the POINT OF BEGINNING. AND A parcel of land in the Northeast % of Section 5,Township 42 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: From the Northeast comer of said Section 5; run thence South 02° 01'47" West on the East line of.said Section 5, a distance of 1644.62 feet; thence run North 88' 31'05" West a distance of 1628.98 feet; thence run South V 3t7 54" West, a distance of 180.65 feet to the POINT OF BEGINNING of the parcel herein described; thence continue South 1 ° 30' 54" West a distance of 90 feet; thence run North 88" 29' 06" West a distance of 175.0 feet; thence run North V 30'54" East a distance of 90 feet; thence run South 88° 29'06" East a distance of 175.0 feet to the POINT OF BEGINNING. Subject to easement for utilities over the East 6 feet and the North 6 feet thereof, and easement for road right -of -way purposes over the following described strip of land: Beginning at the Northwest comer of the above parcel; thence run South 880 29' 06" East a distance of 30 feet; thence rim South 1 ° 30' 54" West a distance of 70.0 feet to a point on a curve, concave to the Southwest and having a radius of 50 feet; thence run Southeasterly on the arc of said curve a distance of 25.79 feet; thence run North 880 29'06" West a distance of 45.83 feet; thence run North V 30' 54" East a distance of 90 feet to the POINT OF BEGINNING. 5 February 4, 1999 ORDINANCE 5,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF HIGH FIELD LTD. FOR REZONING OF 7.26 -ACRES OF LAND LOCATED APPROXIMATELY 500 FEET TO THE EAST OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND IDLE WILD ROAD, ON THE SOUTH SIDE OF IDLEWILD ROAD TO A PLANNED UNIT DEVELOPMENT - RESIDENTIAL, IN ORDER TO CONSTRUCT 63 TOWNHOMES; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from High Field Ltd. for approval for rezoning of 7.26 acres of land located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road to a Planned Unit Development - Residential (PUD/R) as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 4.36 acres of the site that was formerly located within unincorporated Palm Beach County currently has a County zoning designation of Residential - Single Family (RS), and the remaining 2.9 acres has a City zoning designation of General Commercial (CG -1); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the City approved Ordinance 48, 1997 allowing for the annexation to the City of an area of 4.36 acres of real property known as "Soverel North "; WHEREAS, the City approved Resolution 65, 1998 allowing the applicant to concurrently process a comprehensive plan amendment and an application for a planned unit development order; WHEREAS, the City approved Ordinance 4, 1998 approving a comprehensive plan amendment, changing the property from a Palm Beach County Land Use Designation of Urban Residential 3 and a City Land Use Designation of Commercial ( C ), to City Land Use Designations of Residential High (RH) and Residential Medium (RM); WHEREAS, the City's Growth Management Department has recommended approval of "Marina Gardens "; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of High Field Ltd. for a PUD/RM & RH of 7.26 acres located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto; from Urban Residential 3 and Commercial, to Planned Unit Development / Residential - Medium & Residential -High, in order to construct 63 townhomes to be known as Marina Gardens. SECTION 2. The following waiver is hereby granted with this approval: A waiver of Section 1 I8- 279(h)(1)a requesting that the required 15 foot landscape buffer around the south and west boundaries of the site, be reduced to 5 feet in width (for common maintenance). SECTION 3. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: 1. Prior to the first issuance of a certificate of occupancy, the applicant shall complete the construction of a sidewalk on side of Idlewild Road, from the intersection of Idlewild Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer) 2. Prior to issuance of the first building permit, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County. (City Engineer) 3. Prior to issuance of the first building permit, the applicant shall replat the subject property and demonstrate the abandonment of the existing easements. (City Engineer) 4. Prior to construction plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads, and fountain design. (City Engineer) 5. Prior to construction plan approval, the applicant shall provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. (City Engineer) 2 6. No screen enclosures shall be permitted for the townhomes. (Planning & Zoning Division, Code Enforcement) 7. The plat shall include a 15 -foot wide landscape easement for common maintenance along the east boundary of the site, and a five -foot landscape easement for common maintenance along the south and western boundaries of the project. (Planning & Zoning Division) The monies in lieu of recreation land dedication due total $65,083 and are required to be payed prior to the issuance of the fast Building Permit. This sum shall serve as the project's recreation impact fees. (Building) 9. The gate system used or ingress/egress to the site, shall be open during special events, where traffic into and out of the site is significantly increased. (Code Enforcement) 10. Within sixty (60) days of the effective date of this ordinance, the applicant, and its successor and/or assigns shall submit a detailed landscape and sidewalk plan for Idlewild Drive that has been approved by Palm Beach County. (Planning & Zoning Division) 11. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance of said landscaping and sidewalk shall be maintained by the applicant, and its successors and/or assigns. (Planning & Zoning Division) 12. Prior to the first issuance of a Building Permit, the northerly perimeter wall or a comparable construction barricade acceptable to the City, adjacent to Idlewild Drive, shall be completed. (Planning & Zoning Division) 13. When the water and sewer utility lines are installed for the project, the lines shall include "stub- outs" to the adjacent lots. (Engineering) 14. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (Planning & Zoning Division) 15. The applicant, and its successors and/or assigns shall notify all future townhome owners of adjacent existing uses in writing prior to the purchase of a townhome, by stating in the sales contract that the property immediately to the north of the site (single family residential), and the property to the northeast of the site (the Seminole Boatyard), are properties that have not been incorporated into the City of Palm Beach Gardens. The notification shall further state that these properties are under the jurisdiction of Palm 3 Beach County. Prior to issuance of the first building permit, said contract shall be submitted to the City Staff for verification. (Code Enforcement). 16. The home owners association documents shall include language stating that the garages shall be used to park vehicles, and shall not be modified for living or storage only space. Said documents shall be submitted to City Staff for verification prior to the issuance of the first building permit. (Code Enforcement) SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. February 2, 1999 Site Plan, Urban Design Studio, Sheet SP -1 (1 Sheet). 2. January 26, 1999 Landscape Plans, Urban Design Studio, Sheets L -1, L -2, L -3, and L -8 (4 sheets total). 3. December 7, 1998 Landscape Plans, Urban Design Studio, Sheets L-4, L -5, L -6, L -7, and L -9 (5 sheets total). 4. January 26, 1999 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 1 of 2 (1 sheet total). S. December 5, 1998 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 2 of 2 (1 sheet total). 6. November 17, 1998 Elevations, Quincy Johnson Associates, Inc., Sheets A -1 and A -2 (2 sheets total). 7. November 18, 1998 Elevations, Roof Plans, and Floor Plans, Quincy Johnson Associates, Inc., Sheets A -3 through A -16 (14 sheets total). 8. December 31, 1998 Photometric Plan, (1 sheet total). 9. September 4, 1997 Topographic Survey, Wallace Surveying Corporation, (1 sheet total). 10. May 29, 1997 Boundary Survey, Wallace Surveying Corporation, (2 sheets total). 4 SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 DAY OF JANUARY , 1999. PLACED ON SECOND READING THIS 4 DAY OF FEBRUARY , 1999. PASSED AND 1`TR6 TW9 4 DAY OF FEBRUA M . 1999 710SEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER,CMMC, CITY CLERK B Y — 5 � -, � VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK sfd— OA /y DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. (�f n .1 - aG1QCG CITY ATTORNEY AYE NAY ABSENT r Exhibit "A" oESCxuPTtoH: Being a oarea(o(tand In the HoQheitl Q(lactec (HE :Lt a( Seetlan S. T~ztOp Al South Range a3 East Palm Beach County. F1o6da. and bekn mace pac(loufady described as (osowc: Coonmanca at the poklt 0( ttt(erteetio" a( the tiotthetty 6~ -way km of P.Q.I. Botgeraed (also known as Sta(e Road 74% as sold Hocuiedy dghl -d-way trice k shown 0a khe Palm Beach C 'A*. Ffotida Engmtmq 002AMW e4 t.0f.wsy map w Slate Road Ho. 74. said eyt-a -ay (nap k feoocded In Pt:( Book S. Pages 169 fWaugh 190. of the PuoGe Records of Palen Beach Cow0 . F(onds. %Wt the Eastedy tWe -a-wey 9m ah Pmgoewr Farms ROad. as good Eastedy etghtq(-way one IS Shown on fha Palm Seadn County. Ronda Engkhaeckq Oepamneat IAaP tot Vve VW mate e4t -a-way a( Prospetty Famt Road. Ocew.ng Ka. 3.70 -001 RW. Sheet! 6 and T a( IA. dated June 1970. said ctwp being unmcoeded; thence Komi 01 degree 32 minutes S2 mondt East. along said Eastedy e4tt-o(-way cm 40( Prospatly Facets Road. a diiscanee al l t9T.62 tee( b a pow on ftke Soumedy fight -d-way rain a( fdlewid Road (also kn*vm as County Road Ho. 71. said point being dw%ma oA grid Oiatti<q 140. 370401 RW. twice South 6T degrees 46 MWAes 23 seconds East. aW Q raid SouCtecty e4htof-414ay 6-4 o(1d even Road. a d atsnoe a( 500.91 reel to Mtn POIKT OF BEGKIVM *Gl he heminaflec desalted pa cet twice continue ue South ST tfegmes 46 Aikitd« 23 se,00r:e Fast along said Soul" t(pht-C('way Sao a! ldfawid Road and WMV the HaCxcy Fria 40( tat t of RabinsaA &"vWm (owtoo(dedl a distance o(176.63 ks(b the Ho(Mxasl cmw a( W t: Notice Souct at degree 30 awMoes 30 seoo(ds west slang the East" a(LW 1.2. and 3 of said Robinson Subdv4slm% a distanlee of 22122 tee(b Ithe f(octiw*d COMCC of trot S of said Robilm Sub&ddwr. h once Scutt 62 degm" 26 miry des 07 setoondt East Stag rota KOfMteas(aVStle Of said tAl6. a dsiaeioe 40f 21625 (ea(b fine Handheast eotlhet d sold lal b: twice Hanth Ol degree 31 ahklules 48 seconds East siopg fine F.as(Schet of hats 6 std 7 40l said RobkhsaA Scbdtvlcio(h, a dtsta(1ee of 23727 knit [ha HonCxtstoo(tlet o(gald W 7; evenhce South 66 degmec 20 mktutes 15 geoands Eat( long ilia Soub ins 0(ta( 9 0(ssid Rabhm Su6&oAsdoch, a dlstanoe of «.99 toe(b the SouCxas<oomet of said tal9; Nheelce KantObdegtee 30 mkwlec 54 seconds East a" tote East inn a(sald 1.02. a dtstsclee at 106.64 (eel to fine HocCtcttt ooctxr of said Lott. said Clod heast eoncxr dw being a point on said SouthW ftgtht -&-way the o(idkwt(d Roan twice South 6T degrees 46 mkwtes 23 seconds East along said Soulmly cfph(a(- nay Gore o(id(ewi(d Road and aiatp hie Kortiedy fete of Lot 10 d sold Robinson Sub6vklon. a d'alance a(130.01 feet to the KotMheast coma of said lot 10. thence South Ot degree 30 mWAes 60 seconds West. aWng the East Sne o(sald hat 10. a 42d2noe o( 107A6 (eel b the Kathwest comer o(Lat 16 a( said Robinson SubdErtsfon; tthectoe Southh 88 degrees 30 mkxntes t5 teeotds East altxg fine f4wCh line a( said (.0(16. a dtttsehee x(110.40 tee( b a point ad at Stine 40.00 feet West of and pamW vA h rte E" 6m o(stld la(16: thence SouMt 0 t degree 38 Ahkxfks 3T tee0eldt west along sold p(tciGt! Fox and the soul" eidenslan thereat. a dsomice at 391.69 tee( /o a poklt Ntence Hotlk 69 degrees III minutes 19 seconds West a distance o(73.55 Feet: thence South 67 degrees 44 Awtw(es 10 seconds West, a dsatance of 409.44 feet Mhethoe f(acfh 36 degrees 59 minutes 50 seconds west a din Ante of 285.19 ket twice Holt( 12 degrees 58 mutates 03 seconds West a dstance of 2x0.65 feet b a pow ont a tee psaUNA and 20640 feet South of as measured at CWa angles W. said GMdW y cfgtKO( -way lino of WWYM Ra" said twitt a to hi g on the cen(edlas a(& 24 loo( Roadway t asetnent as fccoc ded In Official Recocd Book 2666. page 1424. PuW Reeoeds of Pain Beach County. Flo(ida: twice HaM 39 degrees 36 tnkwtes d poet xWz East, aiochg cold centettine. a dtstanoe of 53.16 feet b Mx beginning o(a Cave eor4M b On Wdst fhavkhq a Al" 40( 9040 feet and a eentt tugGS of 38 degrees 10 Rnkadas 24 er,:r .1C txnce Hatittecty along Mina at+e of tlfd fxave. t dtstscice 4( 59X7 reel b the pow e(t uVency: thence Rath 01 degree 26 ahklnles 134eao(1ds East. a dstance of 107.90 (eet b a p*d an the South dgtd'af'vrsy inn a(1d{ewSd Read and the POW OF HC-GtihKV M MIO ' A ptnx( o(Und In Via Northeast awttuadec (HE IQ o(Secdon 6. T40101h(p 42 60 ut1 Range d3 East Palm Beach Cou*. Fto(lda. j.wx panticutady desafbed at fQ9vM Ftom Nis Hantheaat Canllaf o((lald Sacdon b: As t SauCt 02 de4rtes Ot mltlukg <7 seconds Weston Mee East Sox of sold Switch 6. a distance a(1644 62 feet twice riot HatMh 66 degmes 31 ft*WAC OS seconds Wet( a dtstsnot of 1626.96 feet Mxnlos wn S40utl01 degree 30 mkhtdet 64 seconds West a dfwm Of 270.65 Feet b the POW OF BEGRMM of the pane( (ie;ek1 eorneyed: tmve eos6ti(f40 South 01 degree 30 msxe(es 64 seconds Wes(, a distance 0(147.19 (eel thence nah North 62 degrees 26 mkwles 32 seeotds West a dt(actee 40f 216.34 ken Victim fun HoM at dWee 30 atom 54 seconds Eas(, a dEslatm o(20.00 feet twice wn Sough 66 degrees 29 mkv Aet Ob seconds East a distance of 175.001cel to the PONT OF SEGO *Mil. mm A parcel o(tand In the f(ocNheast Y. o(SeclbA S.Township 42 Sough, Range 43 East Patm Beach County. FbAda. acre pardah(ady doccrtbed as (06*wr. From tfa Koctneasl comet a( sold Section 6: fun thence South 02.0 T <7' wes(acn Cw6u ine of said Section 6. a dtstatoe 0(104 <A2 feet thrice curt Host► 66' 31' 05' West It dsltchca 0(1626.96 feet; thence curt South t' 30' 54' West, a dstance of 180A5 reel b tna POW OF BE- GO(K(HO df fine paeeet hew lei odesanbed: rtetice oonikltu South 1.311' 54' West a dlstan(x 0(90 feet thrice tun (tact( 66' 29' OS' West a dstance 40( iTSA ket: Victim M Kona 1.30' S4' East a distance 40(90 tact Mxmn a wit South 66' 29' 06' East a distance o(1TS 0 ket b late PMT OF BEGV*&M. "ed b easement fat uO ks 40wcc Mine East 6 feet and Nee Hach 6 (eel Mhefec(, and easement fat road AghtoNwiy purposes over the fa4aweng desafbed gulp o(tand: 9egktnktg mom Had men( 27 06" Eatt it d4Unca oi 30 come( alstaom a(10.0 (e b thence fun POW nSouth curve• Commove b Nro Soldhwest andettavkq a adios o(SO ket 54. tfieAee Aa1 SOUtieastecy oA the arc 0( gad etKVt a dstacioe of 25.79 Feet Mlentaf: Nn'KanMh 66' 29'06' Wes( a dts(seiee 40f 4SA3 feet %henna nut Korth 1.30' SC Eat( a datanee of 90 feet $* the PONT OF BEpttiMUG- EM OF LE- GALCESCWPTM Kpl @t Kfnt( Not (>rffM:EdON1ttGWlSIFtfCYflfgllf or- -WAY l(ftfOF rllpd;rt<futtrffuftlA & flp11O MAN(1Il Ci /tT.tlll/rtn t1 It) tN M1 N AI's it'f M(11 M 1 fhlfK ft fit MNKt1A MlF Nft Alm MVIC to February 23, 2000 ORDINANCE 5, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE APPLICATION OF MUTUAL LAND DEVELOPMENT COMPANY FOR AN AMENDMENT AND EXPANSION OF A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT BY REZONING 0.33 ACRES OF LAND LOCATED APPROXIMATELY 500 FEET TO THE EAST OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND IDLEWILD ROAD, MORE PARTICULARLY DESCRIBED HEREIN, TO RESIDENTIAL — MEDIUM DENSITY (RM) WITH A PLANNED UNIT DEVELOPMENT 'OVERLAY AND ADDING THE 0.33 ACRES TO THE 7.26 ACRE "MARINA GARDENS" SITE SO AS TO ALLOW FOR THE CONSTRUCTION OF A TOTAL OF 65 TOWNHOME UNITS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Mutual Land Development Company for approval to rezone 0.33 -acres of land located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, to Residential — Medium Density (RM) with a Planned Unit Development (PUD) overlay, and to add the 0.33 acres to the 7.26 -acre "Marina Gardens" site in order to construct a total of 65 townhomes on the 7.59 -acre site, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the original 7.26 -acre "Marina Gardens" site is currently zoned Residential — Medium Density (RM) and Residential — High Density (RH), with a Planned Unit Development (PUD) overlay; and WHEREAS, the 0.33 acres of land was formerly located within unincorporated Palm Beach County and currently has a City zoning designation of Residential — Medium Density (RM); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and 11 Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 23, 2000 WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment and expansion of the planned unit development (PUD) known as "Marina Gardens "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 0.33 acres of land owned by Mutual Land Development Company located approximately 500 feet from the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Residential — Medium Density (RM) to Residential — Medium Density (RM) with a Planned Unit Development (PUD) overlay. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the amendment to the previously approved 7.26 -acre "Marina Gardens" site, reducing the number of units on the site from 63 to 62, and combining the 7.26 -acres with the aforementioned 0.33 acres of land in order to construct three additional units for a total of 65 townhomes on the 7.59 -acre site. The amended and expanded PUD will continue to be known as "Marina Gardens." SECTION 3. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: 1. All of the previous conditions of approval in Ordinance 5, 1999 shall be carried over with the approval of this petition. (Planning & Zoning) 2. The HOA shall maintain all open/common space and all landscape easements and buffers on private property. (City Forester) 12 Ordinance 5, 2000 Petition PUD49 -11 Date Prepared: February 23, 2000 3. Prior to the issuance of the first building permit, the applicant shall submit (to the Planning and Zoning Division Staff), the written approval of the HOA documents from the City s legal counsel. (Planning & Zoning) 4. Prior to the issuance of the first building permit, the applicant shall submit $2,066 for monies in lieu of parkland, in addition to those monies stated in condition #8 in Ordinance 5, 1999. (Planning & Zoning) 5. The applicant, its successors or assigns shall post a notice of annual boundary school assignments for students from this development in a manner required by the Palm Beach County School District. (Code Enforcement) 6. Within 30 days of granting of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division. (Planning & Zoning) 7. The build -out date of this project is December 31, 2000, as referenced in the October 12, 1999 traffic impact analysis. (Planning & Zoning) SECTION 4. The following waivers are hereby granted with this approval: 1. Maximum number of ground signs — Section 110 -36(a) which allows only one ground sign for sites with public road right -of- way frontage between 300 and 999 feet, to allow for two (2) ground signs for a site with 436 feet of public road right -of -way frontage. 2. Maximum height for walls — Section 118- 279(f)(1) which allows a maximum wall height of 6 feet, to allow for an 8 -foot wall (as shown on sheet SP -1). 3. Minimum front setback — Section 118- 202(g)(1) which requires a minimum front setback of 40 feet on the site, to allow for a 20 -foot front setback (as shown on sheet SP -1). 4. Minimum side setback — Section 118 - 202(8)(2) which requires a minimum side setback of 30 feet on the site, to allow for a zero -foot side setback (as shown on sheet SP -1). 5. Minimum side setback facing a street — Section 118- 202(8)(3) which requires a minimum side setback of 30 feet for structures facing a street, to allow for a zero-foot side (facing 13 Ordinance 5, 2000 Petition PUD-9941 Date Prepared: February 23, 2000 street) setback (as shown on sheet SP -1). 6. Minimum rear setback — Section 118- 202(g)(4) that requires a minimum rear setback of 30 feet on the site, to allow for a 10- foot rear setback (as shown on sheet SP -1). 7. The use of curbing to protect landscaping — Section 98 -68(c) which requires that curbing be used to protect landscaping on a site, to allow for landscaping that is not protected by curbing. 8. The use of specialty pavers — the code does not address the use of specialty pavers which means that they are not permitted; therefore the applicant requests a waiver for the use of specialty pavers in certain areas of the site, in place of the City's regular pavement requirement (as shown on sheet SP- 1). SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. January 14, 2000 Site Plan, Urban Design Studio, Sheet SP -1 (1 sheet total). 2. January 18, 2000 Tree Relocation Plan, Urban Design Studio, Sheet L -1 (1 sheet total). 3. January 18, 2000 Landscape Plan, Urban Design Studio, Sheet L -2 (1 sheet total). 4. April 29, 1999 Landscape Detail Plans, Urban Design Studio, Sheet L -3 (1 sheet total). 5. April 29, 1999 Detail Buffer Segments, Urban Design Studio, Sheet L-4 (1 sheet total). 6. January 18, 2000 Landscape Detail Plans, Urban Design Studio, Sheet L-4 (1 sheet total). 7. December 22, 1999 Entry Feature Details, Urban Design Studio, Sheet L5 (1 sheet total). 8. December 22, 1999 Entry Feature Details, Urban Design Studio, Sheet L6 (1 sheet total). 9. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet LS (1 sheet total). 10. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet LS2 (1 sheet total). 11. December 9,1999 Landscape Plan, Urban Design Studio, Sheet LS3 (1 sheet total). 14 Ordinance 5.2000 Petition PUD -09 -11 Date Prepared: February 23. 2000 12. December 17, 1999 Landscape Plan, Urban Design Studio_, Sheet LS4 (1 sheet total). 13. December 17, 1999 R.O.W. Landscape Plan, Urban Design Studio, Sheet LS -3 (1 sheet total). 14. December 9, 1999 R.O.W. Landscape Plan, Urban Design Studio, Sheet LS-4 (1 sheet total). 15. July 23, 1999 Plant Detail Sheet, Urban Design Studio, Sheet LS -5 (1 sheet total). 16. June 10, 1999 Plant Detail Sheet, Urban Design Studio, Sheet LS -6 (1 sheet total). 17. December 22, 1999 Hardscape Details, Urban Design Studio, Sheet HD1 (1 sheet total). 18. January 18, 2000 Wall Elevations, Quincy Johnson Associates, Sheet A -1 (1 sheet total). 19. September 30, 1999 Photometric Plan, Lighting Dynamics, Inc., (1 sheet total). 20. October 12, 1999 Traffic Impact Analysis prepared for Max Fricker, prepared by Pinder Troutman Consulting, Inc. Supporting Documents: 2. 3. 4. 5. 6. 7. 8. 9. May 6, 1999 Civil Site Improvements Plan Cover Sheet, EnviroDesign Associates, Inc., (1 sheet total). April 29, 1999 Paving and Drainage Plan, EnviroDesign Associates, Inc., Sheet 1 of 7 (1 sheet total). April 29, 1999 Water & Wastewater Plan, EnviroDesign Associates, Inc., Sheet 2 of 7 (1 sheet total). April 29,1999 Paving and Drainage Details, EnviroDesign Associates, Inc., Sheet 3 of 7 (1 sheet total). April 29, 1999 Potable Water Standard Details, EnviroDesign Associates, Inc., Sheet 4 of 7 (1 sheet total). April 29, 1999 Potable Water Standard Details, EnviroDesign Associates, Inc., Sheet 5 of 7 (1 sheet total). April 29, 1999 Wastewater Standard Details, EnviroDesign Associates, Inc., Sheet 6 of 7 (1 sheet total). April 29, 1999 Wastewater Profiles, EnviroDesign Associates, Inc., Sheet 7 of 7 (1 sheet total). November 5, 1998 Boundary Survey for Mutual Land Development Corporation, Wallace Surveying Corporation, Sheets 1 of 2 and 2 of 2 (2 sheets total). SECTION 6. If any section, paragraph, sentence, clause, phrase, or 15 Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 23, 2000 word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS /,� DAY OF444060�. PLACED ON SECOND READING THISIZI„ DAY 01" �O D PASSED AN OP D 1 DAY OFAW -4000. i � R. RUSSO VILE MAYORILAURENFURTADO ,VID CLARK COUNCILMA R -CARL SABATELLO ATTEST BY: ��'� LYN AVl KOSIER, CM'C ✓ C CLERK 16 Ordinance 5, 2000 Petition PUD -9941 Date Prepared: February 23, 2000 APPROVED AS TO LEGAL FORM RAND SUFFICI CY CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO ✓ VICE MAYOR FURTADO COUNCILMAN JABLIN .r COUNCILMAN CLARK �- COUNCILMAN SABATELLO g /short: pud9911.or3. doc ri 17 Ordinance S. 2000 Petition PUD-99 -11 Date Prepared: February 23, 2000 EXHIBIT "A" A vewcel of lend in the Northwest (Quarter of Section S, Township 42 South, Range 43 Kant., PAIN BRAtaI routtl.y, Florida, more partiotllat•ly denoribed an follows: From the Narthueet corner of nt,id Section 5, run thonce South 02'01'47" Went on the East lJne of aald sect-loll 5, a dlettulco of 1644.67 feet; thenoe run Forth 813.31"05" heat, a distance of 1028.90 feet; thence run South 01'30'64" Went, a distance of 180.05 feet to the Point of Degituting of the parcel herein described; thence oontintle South 01'30'04" West, a dlatmtce of 90 feot: thence ran North 08.29'08" Weat, a dlottutce of 175.0 feet; thenoe run north 01.30'64" Bast, a diatatlee of 90 foot: thence rwn South 80.7.9'06" Beet, a dietanoe of 17b.0 feet to the Point of Beginning. Subject to Basoment for utilitiee over the Rant a foot and tho North 0 feet thoreof, and eeneajent for road right -of -stay FAtrlvueu over the iollowing deacribed ot.Ylr, of Jaftd: Beginning at the Northwest corner of the Above pereell thence t -wt South 88'20'06" Fnet, a d1stanco of 30 feet; thottoe rtlu Soutlt 01.30'54" Vleot, a dietanco of 70.0 feet to a point oil a oarve, concave to the Southwest and having a radlue of 50 feet; thence run Southeasterly on the arc of Bald curve, a diatatoe of 25.79 foot; thence rtut North N13.211'00" Nest, a distance of 45.83 feet; thence run North 011:10'034" Rant, a diet.tuwn of 170 feet to the i'oinl. of lleginnim. 18 ;y CITY OF PALM BEACH GARDENS�- � 10500 N. MILITARY TRAIL - PALM BEACH GARDENS, FLORIDA 33410 -4698 January 12, 2001 Mr. Marty R. A. Minor, AICP Urban Design Studio 2000 Palm Beach Lakes Blvd. Suite 600, The Concourse West Palm Beach, Florida 33410 Re: ADMIN -01 -02 - Marina Gardens Time Extension Dear Marty: City staff has reviewed your petition for administrative approval for an extension of 90 days of the required build -out date for the above referenced project. Pursuant to Section 33(f)(1) "Administrative extension of time," of the City's Land Development Regulations, administrative approval for a time extension of 90 days is hereby granted to Marina Gardens Planned Unit Development. Please note that this project shall meet all the build -out requirements by March 31, 2001. This approval officially documents the administrative extension of time for the Marina Gardens Planned Unit Development. If you have any questions, please feel free to contact me at 799- 4258. Sincerely, �j Bahareh Keshavarz, AICP Senior Planner, Development Compliance Officer Cc: Steven B. Cramer, Interim Growth Management Director Jack Hanson, Building Official PINOER TiZOUTMHN CONSULTING, INC. Transportation Planners and Engineers August 24, 2001 Mr. John Lindgren City of Palm Beach Gardens Planning & Zoning 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Marina Gardens Update - #PTC01 -140 Dear Mr. Lindgren: 2324 South Congress Avenue, Suite 1 H West Palm Beach, FL 33406 (561) 434 -1644 Fax 434 -1663 Email: pindertroutman@msn.com Pinder Troutman Consulting, Inc. (PTC) has been retained to update the traffic analysis for the referenced project. The project, consisting of 65 multifamily residential units, was originally approved with a December 31,2000 buildout with a subsequent extension to March 31, 2001. The PUD has expired. The site is north of PGA Boulevard and east of Prosperity Farms Road as shown on Exhibit 1. It is located in the Palm Beach Countywide Traffic Performance Standards Coastal Residential Exception area. Therefore, it is not subject to Countywide Traffic Performance Standards (TPS) but only the Palm Beach Gardens traffic concurrency standards. Net Daily and Peak Hour trip generation is shown on Exhibit 2. The proposed development plan will generate 425 net new daily trips, which requires an analysis of roadway links within one -half mile. The assignment of net new daily as well as AM peak hour and PM peak hour is shown on Exhibit 3 for all roadway links within one -half mile. The project does not have a 5% impact on any roadway link or intersection. Exhibit 3 also provides a capacity analysis utilizing historic growth trends. All roadway links are projected to operate at acceptable level of service standards. Therefore it meets the City's traffic concurrency standards. If you have any questions, please contact this office. yreaM.I�r=ouan, _ � Enclosures cc: Maria Tejera Max Fricker Marty Minor Letter Lindgren 01 -140 8 -24-01 MARINA GARDENS UPDATE N.T.S. 8/24/01 I EXHIBIT 1 "ca PROJECT LOCATION Exhibit 2 Marina Gardens Update Trip Generation Daily Existing Land Use I Intensity Residential - Single 3 Dus Proposed I Trip Generation Rate (1) Total Trips 10 /DU 30 Land Use Intensity Trip Generation Rate (1) Total Trips Residential -Multi 65 Dus 7 /DU 455 ' Net New Trips AM Peak Hour FxistinQ 4251 #PTC01 -140 8/24/01 tripgeil 01 -130 8-24 -01 Page 1 of 1 Land Use Intensity Trip Generation Rate (2) Total Tri s In I Out I Total Residential-Single 3 Dus 0.75 /DU (25/75) 01 21 2 Existine Land Use Intensi Tri Generation Rate (2) Total Td vs In I Out I Total Residential -Multi 1 65 Dus 1 0.44 /DU (17/83) 51 241 29 I Net New Trips PM Peak Hour Fxictinv 27 Land Use Intensity Trip Generation Rate (2) Total Tri s In I Out I Total Residential -Sin e 3 Dus 1.01 /DU (64/36) 2 1 3 Fxictinv Land Use Intensity Trip Generation Rate (2) Total Tri s In I Out I Total Residential -Multi 65 Dus 0.54 /DU (67/33) 231 121 35 Net New Trips 321 (1) Section 10.8, Fair Share Road Impact Fees, of the Palm Beach County Unified Land Development Code (ULDC). (2) Institute of Transportation Engineers (ITQ, Trip Generation, 64h Edition. 4 4 o N �- U � o0 a as 0 E _Q y' � O �. 2 rn H � C y N cn C L `ip in V aR y�y 2 -� a r 02 0 0 0 N O h O o00100 JI V O O O 0:0 M co W li co W'' v` 4 v7 vt ti n r U o I 0 h O m co c Q 1, V1 04 v O W N Q � r N O Q Q co !, O 10 r' O �„� co } a J Q 0 p !tl VO'f L Ll� N ° O O 'n N m 0 N o E E (j = co co rn W rn vt C n Q Q..,. a 8 W o 4 < 00 C 'X 10 10 Q W C �1 E� U LL 0 0 CL CL e8� 0 0 -� s t -S =I O = A 4n cc v O = Ix (�g, 6 O of o�0 0 0 I •V 00 0 0 - U O a Eli 0 n U r n rl. n Q eW l � I Do- 0 10 ^ ^ (31 Pl a 1 Lb v 00 j X J O t9 Q iJJ 1 I E,w LL 0 g � � < co "g t82�' 0 0 0 �QQ V1 Z N -c W 12 E B 0010000 V O O O O �p O�'0+ � I� a•' G U co O h ol n Q 11 O v M P1 rIl N 1 � O` u1 `0 u1 ry W it 4 a X O v1 O CL 0 X o N r O N N O Q W it i:7 cam] N O N � O 0, N �O n '+ X v M f f M b IQ C J o al N C'J ',J X J ISO V Y � � u LL CL A 0000 0 �3 -E Jw Z N -d 72 E SIB = Z oc o m CL PROJECT NARRATIVE MARINA GARDENS PUD MISCELLANEOUS PETITION August 24, 2001 This request is to amend the Marina Gardens PUD, which was initially approved by Ordinance 5, 1999 for 63 townhomes on 7.26 acres located approximately 500 feet east of the intersection of Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Prosperity Farms Road and Idlewild Road. On March 16, 2000, the City Council adopted Ordinance 5, 2000, which amended the Marina Gardens PUD to add 0.333 acres (Lot 8). This amendment resulted in a total of 65 townhouse units on 7.59 acres. On January 12, 2001, the Growth Management Department granted an administrative approval for a 90 -day time extension for Marina Gardens PUD. This request is a Miscellaneous application for the amendment to the build- out date for the Planned Unit Development. We are seeking a two -year extension of the project build- out date. The submitted traffic impact analysis indicates the modified build- out date for the project. For the following reasons, the Miscellaneous petition should be approved: The project is in compliance with conditions of approval included in Ordinance 5, 1999 and Ordinance 5, 2000. In particular, all the required improvements associated with Idlewild Road have been installed The plat for Marina Gardens PUD has been approved by the City and recorded. Attached for your review are copies of building permits issued by the City for the site, copies of checks to the Seacoast Utility Authority for utility service and a copy of the Developer's Agreement with Seacoast Utility Authority. These docnments illustrates the continuing development activities on the site." In fact, six buildings (25 townhouse units) on the site are either completed or nearing completion. An additional three (3) buildings are currently under construction and will be completed prior to the end of the year. The infrastructure and common landscaping on the site are substantially complete. The utilities and drainage facilities for the entire site have been installed The only common improvements which have not been completed are those which would be damaged or destroyed as part of construction process for the remaining portion of the project. In particulary, common area landscaping and sidewalks adjacent to future buildings have not been installed because of conflicts with the future construction of the residential buildings. These improvements will be installed in association with the adjacent buildings. The construction entrance for the project is off of Idlewild Road at the eastern portion of the site. The cul -de -sac for the project has not completed at this time as it is the current staging area for the construction activities. The cul -de -sac will be finished in association with the surrounding townhouse buildings. The Marina Gardens PUD is located within Palm Beach County's traffic concurrency exemption area and is, therefore, 2000 Palm Beach Lakes Boulevard exempt from the County's concurrency standards. Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 For these reasons, we are seeking approval of this Miscellaneous application. Approval of this petition will allow for the continued construction and ultimate completion of this residential project. The Marina Gardens PUD has two underlying future land use designations. The southern 5.747 acres of the site has the RH (Residential High) future land use designation. The northern 1.842 acres has a future land use designation of RM (Residential Medium). I N T E R MEMO O F F I C E To: Honorable Mayor and City Council From: Leonard G. Rubin, City Attorney Subject: Litigation Report Date: August 27, 2001 1. City of Palm Beach Gardens v. Charles Vavrus. The City filed suit against Charles Vavrus, the owner of approximately 4,700 acres of land, to prevent the harvesting of trees and the clearing of land without the required permits, applications and approvals. The Circuit Court entered an injunction in favor of the City, and Vavrus appealed. The Fourth District Court of Appeal affirmed the entry of the temporary injunction. The City then sought the entry of a permanent injunction. The case was set for trial when Vavrus filed a counterclaim for inverse condemnation. Vavrus has filed a motion to amend his counterclaim to assert new claims alleging violation of his constitutional rights to due process and equal protection. The motion to amend the counterclaim is currently before the court. The case is now once again in the discovery phase. Vavrus also filed an appeal from the Code Enforcement Board order finding him in violation of the City Code, levying fines against him, and imposing liens against his property. The Circuit Court Appellate Division recently affirmed the order entered by the Code Enforcement Board. Vavrus filed a motion for rehearing, which was denied by the Court. This City had been represented by Preston Fields of this office in all matters except the condemnation claim. Roberts & Reynolds (insurance counsel) is representing the City in that matter. 2. Linderman v. City of Palm Beach Gardens Carey Linderman filed suit in Circuit Court against the City alleging a violation of Florida Civil Rights Act and Discrimination based on Retaliation. Ms. Linderman has been employed by the City's Police Department since 1979. She alleges discriminatory conduct by the City based upon her participation in an investigation concerning co- worker harassment claims. Discovery is proceeding to prepare for re- evaluation and trial. The City is represented by Roberts & Reynolds (insurance counsel). City of Palm Beach Gardens Litigation Report August 27, 2001 Page 2 3. Niversal Housing II, Ltd. v. City of Palm Beach Gardens. Niversal Housing, the owners of Hilltop Gardens Mobile Home Park, filed suit against the City in Circuit Court to compel the City to provide solid waste collection and disposal service to the individual manufactured homes located within Hilltop Gardens without the payment of additional fees. Niversal currently pays separate fees for solid waste collection like all other commercial properties and multi - family housing. Niversal is also seeking reimbursement for monies paid to Waste Management. The case is in the discovery process. The Court granted the City's motion for summary judgment, finding that Niversal has no entitlement to provide solid waste collection and disposal service to the individual manufactured homes within Hilltop Gardens. The City is represented by Andrew Pineiro of this office. 4. Suffolk Construction Co. v. City of Palm Beach Gardens. Suffolk filed suit in Circuit Court for damages arising out of the contract between the City and Suffolk relating to the construction of the Municipal Complex. The parties settled all issues at mediation, with the exception of Suffolk's entitlement to additional monies for overhead expenses incurred prior to February 10, 1999. The parties again attempted to mediate this issue with no success. The City will file its answer and the case will proceed to the discovery phase. The City is represented by Stanley Klett of this office. 5. Adolf Alexandre v. City of Palm Beach Gardens. Alexandre filed suit in Circuit Court against the City seeking damages for alleged violations of the Florida Civil Rights Act of 1992. Alexandre was a probationary police office who was terminated prior to the expiration of his probationary period. The City is represented by Johnson, Anselmo, Murdoch, Burke & George (insurance counsel). 6. City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation and Bankers Life and Casualty Company. The City filed suit in United States District Court for the Southern District seeking to recover the costs incurred for the remediation of the soccer fields from the MacArthur Foundation and Bankers Life, prior owners of the property. The City is also seeking damages against City of Palm Beach Gardens Litigation Report August 27, 2001 Page 3 the Foundation for breach of the agreement whereby the Foundation sold the recreation field property to the City in exchange for park and recreation impact fee credits. The case is on hold pending a proposed meeting with the Foundation and Bankers Life to resolve the matter. The City is represented by Ruden, McClosky, Smith, Schuster & Russell. 6. Dennis O'Rourke v. City of Palm Beach Gardens. Former Assistant Police Chief O'Rourke filed suit in Circuit Court seeking damages for the City's alleged violation of the Florida Whistle Blower's Act and the denial of his First Amendment right to Freedom of Speech. The City terminated O'Rourke's employment at the conclusion of an Internal Affairs Investigation into his conduct. This City is represented by Roberts & Reynolds (insurance counsel). If you should have any questions about any of these matters, please do not hesitate to contact this office. cc: City Manager P AC P Wi n \H 1 STORY\010821 A \47D. E8(319.000) Please Print Name: Address: COMMENTS FROM THE PUBLIC Request to Address City Council City: L (. Subject: {� { ! t5 i I ! �✓ "r 1 1 ,. F l� Y =t ` ^I :'E �k l� i ' ?" t c� ` fie' S ! L I1 / (a P �4 --e f 1 1 ,A c C r (-,r 1,,-e r. C 44— F ,r � y e„ !. C Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print f2 � Name: S Address: City: Subject. 'Is `{ 8 G r Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ` o l�)O A �� I Address: c)f '�U CyPKE`�S L>K City: Fbc, 33 Li r� Subject: &01)&LT W-5 Members of the public may address the City Council 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. � ' � i� � � � � �. � � � G � � .. � jr � I / � � 1 � � � � � � � � � 1 Please Print Name: J y� Address: City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council wJ S Members of the public may address the City Council 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 Name: Address: City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council , 0 Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: _ fJ City: - Subject: :j�c Members of the public may address the City Council 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 Name: COMMENTS FROM THE PUBLIC Request to Address City Council // k zc- l7' S..,f Address: City: �� - ' '1 �J G�! Subject: �^' �i.�C 6'c' c /J S e Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: • �= 1 N Address: City: Subject: Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print y�� ,n, Name: TO I Y l S S Ey Address: 149 E�EW- City: 1:13 ir- Subject: V AW 0� F 15c4 L MfD 9 7 Members of the public may address the City Council 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 Name: COMMENTS FROM THE PUBLIC Request to Address City Council NAfi-JqO V Address: 6r- /I -f fi City: , 3 G, r-7 Subject: ' t 2 e- 11 U Lots Z Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject: Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: °✓�� -� ✓► ` S E Address: City: Subject: Members of the public may address the City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: t �26 LO' - Address: `�� LOP-PO ©2 City: �I { Subject: 6,�fT CO O � K, Members of the public may address the City Council 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. f- R Michael Martino 320 Balsam St. Palm Beach Gardens, Fl. 33410 September 4, 2001 Mayor/ City Council City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl. 33410 Mayor /City Council: The voters entrust the financial responsibilities of creating a city budget and raising the revenues to meet that budget to the City Council. The city's budget establishes policies for the fiscal year in question and is remanded to the City Manager for daily implementation with constant monitoring and oversight by the City Council. In my opinion, the 29% tax increase suggested in the 2002 budget proposal after a 20% tax increase last year continues a pattern of financial excess and abuse in city spending which began in 1993 with much of this City Council membership. City spending of taxpayer dollars is spiraling out of control. From public records, I offer the following budget information to illustrate some of my concerns... 1993 Expenditures $16,000,000 Ad valorem Taxes $ 8,303,965 Full Time Employees 237 2002 % Increase $36,000,000 125 $23,839,900 187 373 57 I am very concerned about the indifferent attitude exhibited by the City Council and City Administration in justifying this exorbitant 29% tax increase. "Tell us what you don't want" and "if residents want to pay less they'll have to settle for a lower level of service" are comments I read in the newspaper and listened to at a recent public meeting. Also, reported in the media and at public meetings by city officials is the threat that other municipalities collect utility taxes, storm water taxes, and other taxes but we don't, so we have to raise property taxes. Recent news media coverage suggested that if residents didn't agree to accept higher taxes the fire- rescue department might be taken over by Palm Beach County. This borders on intimidation of city taxpayers. My research of public records and comments from the City Council and city employees suggests there has been a serious breakdown in the checks and balances of the city's finances. Problems of deficit spending, overspending of department budgets, spending budgeted funds on projects other than the original allocation, and double taxation are fiscal cancers that have grown to unhealthy levels. They are part of the root cause of these large tax increases that Gardens' residents are asked to accept without getting honest answers as to why these problems exist in the first place. Annual financial reports produced by three (3) different city auditors verify deficit spending. There may be more deficits reported in other years that I did not review. In 1993 the deficit was $556,401, in 1997 the deficit was $1,956,335, and in 1998 the deficit was $1,645,525. These deficits were funded from the city's reserve accounts. In 1993 these reserve accounts, which may be needed for emergencies, such as, a hurricane, were $10,771,392. Examples of cost overruns are $821,000 for engineering consulting fees and $178,000 in legal fees in 2001. A case for double taxation can be hard to argue with. The 1998 fiscal budget created a city engineering department with taxpayer funds totaling $251,304. It was not realized. Where did the money go? The proposed 2002 budget again creates a city engineering department with budgeted funds totaling $485,509. The 2001 fiscal budget proposed a new fire station with staffing and equipment approximating $2,000,000. It was not built. What happened to the money? The 2002 proposed budget spends another $2,000,000 on the same fire station. The same engineering department, the same fire station, expensed in two (2) different budget years; thus, Gardens residents were taxed twice. The only conclusion that the above suggests is that the City Council has failed to maintain the financial trust it was given by the voters. It has allowed taxpayer money to be mismanaged and misspent on its watch due to indifference and a lack of oversight. It's the right of the public to question elected officials and it's your responsibility to answer their questions. The City Council has not answered in any detail what happened to $11,000,000 in reserve funds. It has not explained why we are being taxed twice for the fire station and the engineering department. It has not satisfactorily answered the questions about drainage funding and canal maintenance. The City Council has not given a public accounting of the $19,000,000 bond referendum money. Finally, the only apparent justification for what probably will be a 48% tax increase in two (2) years is that the City Council has not managed taxpayer dollars consistent with good accounting, management and oversight practices. The City Council's proud promise of still higher taxes in the next few years is an amazing commentary on their concern foF Gardens residents. artino M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney Subject: Approval of Resolution 131, 2001 Date: August 13, 2001 cc: Ron Ferris, City Manager This is a request for approval of Resolution 131, 2001, authorizing the Growth Management Director to execute a termination of Unity of Title for certain lots within the plat of Palm Beach Garden Estates. In 1986, the City required the owner of these lots to record a Unity of Title to facilitate the development of multi - family housing. The current owner of the property is requesting that the Unity of Title be terminated so she may convey the individual lots to a third party to be developed as single family residences. While the Growth Management Director approved the termination of Unity of Title and executed the necessary document, the original Unity of Title provided that it would be effective until it was released in writing by the City Council. Therefore, City staff is requesting approval of the resolution authorizing the Growth Management Director to execute the termination of Unity of Title. This issue did not arise until after the agenda deadline; however, the owner of the property is operating under a closing deadline. Should you have any questions relative to the foregoing, either Charles Wu or I will gladly address them. PACPW in \H ISTORY\010801 A\446.79(319.055)121